and others Commissioners may treat with persons concerned for their Interests in houses obstructing such passage Be it Enacted by the Authority aforesaid That the Lord Mayor of the City of London the Recorder and Aldermen for the time being together with such other Commissioners as his Majesty shall appoint under the Great Seal of England or any five of them shall have full Power and Authority to receive all Subscriptions and payments of voluntary contributions of money or other endowments towards the Amendment and Enlargement of the Stréets and Places before-named or so much of them or any of them as the said Commissioners or any five or more of them shall judg fit and necessary And are hereby further impowred to treat and agree with the Owners and Occupiers of any such Houses as they shall judg fit to be removed rebuilt or pulled down or any part of them and upon payment of such sum or sums of money so agréed upon are hereby authorized to appoint Workmen to pull the said houses down or cause the said Owners or Occupiers to rebuild accordingly and this Act shall be sufficient to indempnify the said Commissioners and all persons authorized by them against the Heirs Executors Administrators or Assigns of any the said Owners or Occupiers as if the same had béen sold by Déed Feoffment Bargain and Sale or other Assurance in the Law and done by Fine and Recovery or any other way whatsoever And if there shall be any persons Bodies Corporate or Collegiate that shall wilfully refuse to treat and agrée as aforesaid or through any disability by Non-age Coverture or a special Entail or other Impediment cannot That in such Cases the said Commissioners are hereby authorized by vertue of this Act to issue out Warrant or Warrants to the Sheriffs of London who are hereby required accordingly to impannel and return a Iury before the said Commissioners or any five of them which Iury upon their Oaths to be administred by the said Commissioners are to enquire and assess such damage and recompence as they shall judg fit to be awarded to the Owners and Occupiers or either of them of any such houses or any part thereof for their respective Estates and Interests in the same as by the said Commissioners shall be adjudged fit to be pulled down for the purposes aforesaid and such Verdict of the Iury and Iudgment of the said Commissioners thereupon and the legal payment or tender of the sum or sums of money so awarded and adjudged shall be binding to all intents and purposes against the said Parties their Heirs Executors Administrators and Assigns and others claiming any Title or Interest in the said Houses or in the ground whereupon they stand or thereunto belonging and shall be a full Authority for the said Commissioners or any five of them to cause the same to be executed and the said Houses accordingly to be removed and pulled down And whereas the Houses that shall remain standing on the other side the said Stréet or Stréets or behind the said houses that shall be so pulled down as aforesaid will receive much advantage in the value of their Rents by the liberty of Ayr and frée recourse for Trade and other conveniencies by such enlargement It is also Enacted by Authority aforesaid That in case of refusal or in capacity What may be done in case of refusal to compound with the Commissioners as aforesaid of the Owners or Occupiers of the said houses to agrée and compound with the Commissioners for the same thereupon a Iury shall and may be Impanelled in manner and form aforesaid to Iudg and Assess upon the Owners and Occupiers of such houses such competent sum or sums of money or Annual Rent in consideration of such Improvement and Melioration as in reason and good Conscience they shall judg and think fit which said sum and sums of money or Rent shall be paid to the Chamberlain of the City of London for the time being and such other Treasurer or Treasurers as shall be appointed by the said Commissioners or any five or more of them who are hereby enabled from time to time to receive and recover the same by Action at Law and whose Receipt shall be a good discharge to the said Owners and Tenants and who are hereby appointed to receive and pay and be accomptable for the same according to such directions as shall from time to time be given them by the said Commissioners and the moneys so raised or Rents so received shall be expended upon the Purchasing or Re-building houses on the other side the Stréet and upon Paving and amending of the Ways and Stréets aforesaid according to the purport of this Act. And the said Verdict of the Iury and Iudgment of the Commissioners in the cases aforesaid shall be sufficient and conclusive in Law to all intents and purposes against the said Owners and Occupiers their Heirs Executors Administrators and Assigns Every Commissioner to take an Oath for the faithful performance of this Act. Provided alwayes And be it further Enacted by the Authority aforesaid That no person shall be enabled to act as a Commissioner to the intents and purposes aforesaid untill he shall first have taken his Corporal Oath before the Lord Chancellor or Lord High Treasurer of England for the time being for the due and impartial execution of the Trusts by this Act committed to him Lord Mayor and Aldermen to be commissioners in London The Dean High steward Deputy-steward and two High Burgesses in Westm The continuance of this Act. Provided also That the Lord Mayor Recorder and Aldermen of the City of London for the time being shall be and are hereby authorized to be Ioynt-Commissioners and to exercise all the Powers of this Act to all the ends and purposes thereof which are to be ordered done or executed within the said City or the Liberties thereof And likewise That the Dean of Westminster the High Steward and his Deputy-Steward and the two High Burgesses of the said City of Westminster for the time being shall be and are hereby authorized to be Ioynt-Commissioners and to exercise all the Powers of this Act to all the ends and purposes thereof which are to be ordered done or executed within the said City of Westminster or the Liberties thereof Any thing in this Act to the contrary notwithstanding This Act to continue and be in force untill the end of the First Session of the next Parliament Anno XIV Caroli II. Regis CAP. III. For Ordering the Forces in the several Counties of this Kingdome The sole and supream power and command of the Militia in the Kings Majesty his heirs and Successors 13 Car. 2. cap. 6. FOrasmuch as within all His Majesties Realms and Dominions the sole and Supream Power Government Command and Disposition of the Militia and of all Forces by Sea and Land and of all Forts and places of Strength is and by the Laws of England ever was the undoubted
HONI · SOIT · QVI MAL · Y · PENSE DIEV · ET · MON · DROIT · A COLLECTION OF THE STATUTES Made in the REIGNS of King Charles the I. AND King Charles the II. With the ABRIDGMENT of such as stand Repealed or Expired Continued after the Method of Mr. PULTON WITH Notes of References one to the other as they now stand Altered Enlarged or Explained TO WHICH ALSO ARE ADDED The Titles of all the Statutes and Private Acts of PARLIAMENT Passed by their said MAJESTIES untill this present Year M.DC.LXVII With a TABLE directing to the Principal Matters of the said STATUTES By THO MANBY of Lincolns-Inn Esq LONDON Printed by John Streater James Flesher and Henry Twyford Assigns of Richard Atkyns and Edward Atkyns Esquires Anno Dom. 1667. Cum Gratia Privilegio Regiae Majestatis A View and Digest of the Heads and Titles of the several STATUTES from the First Year of King CHARLES the First untill this present time according to the Order of Statutes in this Book mentioned Anno Primo CAROLI primi nuper Regis Angliae c. 1 AN Act for punishing of divers Abuses on the Lords Day called Sunday Cap. 1. Fol. 1. 2 An Act to enable the King to make Leases of Lands parcel of his Highness Dutchy of Cornwal or annexed to the same Cap. 2. fol. 1. 3 An Act for the Ease of obtaining Licences of alienation and in the pleading of alienations with Licence or of Pardons of alienations without Licence in the Court of Exchequer or elsewhere Cap. 3. fol. 2. See Stat. 12 Car. 2. cap. 24. 4 An Act for the further Restraint of Tipling in Inns Ale-houses and other Victualling-houses Cap. 4. fol. 2. 5 An Act for the Confirmation of the Subsidies granted by the Clergy Cap. 5. fol. 3. EXP. 6 An Act for the Grant of two entire Subsidies granted by the Temporalty Cap. 6. fol. 3. 7 An Act that this Session of Parliament shall not determine by his Majesties Royal Assent to this and some other Acts Cap. 7. fol. 3. Anno Tertio Caroli Primi Regis c. THe Petition exhibited to his Majesty by the Lords Spiritual and Temporal and Commons in this present Parliament assembled concerning divers Rights and Liberties of the Subject with the Kings Majesties Royal Answer thereunto in full Parliament Folio 3. 1 An Act for the further Reformation of sundry abuses committed on the Lords Day commonly called Sunday Cap. 1. fol. 5. 2 An Act to Restrain the passing or sending of any to be Popishly bred beyond the Seas Cap. 2. fol. 5. 3 An Act for the better suppressing of Unlicensed Ale-house-keepers Cap. 3. fol. 6. 4. An Act for Continuance of divers Statutes and for Repeal of divers others Cap. 4. fol. 7. 5 An Act for the establishing of the Estates of the Tenants of Bromfeild and Yale in the County of Denbigh and of the Tenures Rents and Services thereupon reserved according to a late composition made for the same with the Kings Majesty then Prince of Wales Cap. 5. fol. 11. 6 An Act for Confirmation of the Subsidies granted by the Clergy Cap. 6. fol. 11. EXP. 7 An Act for the grant of Five entire Subsidies granted by the Temporalty Anno Quarto Caroli Regis Cap. 7. fol. 11. Anno Decimo sexto decimo septimo Caroli Primi Regis c. 1 AN Act for the preventing of Inconveniences happening by the long intermission of Parliaments Cap. 1. fol. 11. Rep. and Alt. 16 Car. 2. cap. 1. 2 An Act for the Relief of his Majesties Army and the Northern Parts of this Kingdom Cap. 2. fol. 11. EXP. 3 An Act for the Reforming of some things mistaken in the late Act made in this Parliament for the granting of Four Subsidies Entituled An Act for the Relief of his Majesties Army in the Northern Parts c. Cap. 3. fol. 11. EXP. Anno decimo septimo Caroli Primi Regis c. 4 AN Act for the further Relief of his Majesties Army in the Northern Parts of this Kingdom Cap. 4. Fol. 11. 5 An Act for the better raising and levying of Marriners Saylers and others for the present Guarding of the Seas Cap. 5. fol. 12. EXP. 6 An Act concerning the limitation and abbreviation of Michaelmas Term Cap. 6. fol. 12. 7 An Act to prevent Inconveniences which may happen by the untimely Adjourning Proroguing or dissolving of this present Parliament Cap. 7. fol. 14. EXP. 8 A Subsidy granted to the King of Tunnage and Poundage and other sums of money payable upon Merchandizes Exported and Imported Cap. 8. fol. 14. EXP. 9 An Act for the speedy Provision of Money for Disbanding of the Army and setling the Peace of the two Kingdoms of England and Scotland Cap. 9. fol. 14. EXP. 10 An Act for Regulating the Privy Council and taking away the Court commonly called the Star-Chamber Cap. 10. fol. 14. 11 An Act for Repeal of a Branch of a Statute 1 Eliz. concerning Commissioners for Causes Ecclesiastical Cap. 11. fol. 16. 12 A Subsidy granted to the King of Tunnage and Poundage and other Sums of money payable upon Merchandise Exported and Imported Cap. 12. fol. 17. EXP. 13 An Act for securing of Moneys due or to be due to the Inhabitants of the County of York and other adjoyning Counties wherein his Majesties Army is or hath been Billited c. Cap. 13. fol. 18. EXP. 14 An Act Declaring unlawful and void the late proceeding touching Ship-Money and for the vacating of all Records and Process concerning the same Cap. 14. fol. 18. 15 An Act against divers Incroachments and oppressions in the Stannary Courts Cap. 14. fol. 19. 16 An Act for the certainty of Forrests and of the Meers Meets Limits and Bounds of the Forest Cap. 6. fol. 21. 17 An Act for the Confirmation of the Treaty of Pacification of England and Scotland Cap. 17. fol. 22. EXP. 18 An Act for securing the Publique Faith the remainder of the friendly assistance and relief promised to our Brethren of Scotland Cap. 18. fol. 22. EXP. 19 An Act for the Regulating of the Clerk of the Market and for the Reformation of false Weights and Measures Cap. 19. fol. 22. 20 An Act to prevent vexatious proceeding touching the Order of Knight-hood Cap. 20. fol. 24. 21 An Act for the free bringing in Gun-powder and Salt-Peter from foreign Parts and for the free making of Gun-powder in this Realm Cap. 21. fo 24 22 A Subsidy granted to the King of Tunnage and Poundage and other Sums of money payable upon Merchandise Exported and Imported Cap. 22. fol. 25. 23 An Act for the Raising of Mariners and Saylers for the Guarding of the Seas and his Majesties Dominions Cap. 23. fol. 25. EXP. 24 An Act to relieve Captives taken by the Turks and to prevent the taking of others hereafter Cap. 24. fol. 25. EXP. 25 A Subsidy granted to the King of Tunnage and Poundage and other Sums of money payable upon Merchandizes Exportable and Importable Cap. 25.
fol. 25. EXP. 26 An Act for the Raising of Mariners and Saylers for the Guarding of the Seas and his Majesties Kingdoms Cap. 26. fol. 25. EXP. 27 An Act for the dis-enabling all persons in Holy Orders to exercise any Temporal Jurisdiction or Authority Cap. 27. fol. 25. Rep. 13 Car. 1. cap. 2. 28 An Act for the Raising of Souldiers for the defence of England Ireland Cap. 28. fol. 25. EXP. 29 A Subsidy granted to the King of Tunnage and Poundage and other Sums of money payable upon Merchandizes Exportable and Importable Cap. 29. fol. 25. EXP. 30 An Act for a Contribution and Loan for the distressed people of Ireland Cap. 30. fol. 25. EXP. 31 A Subsidy granted to the King of Tunnage and Poundage and other Sums of money payable upon Merchandise Cap. 31. fol. 25. EXP. 32 An Act for the Raising of 400000 l. for the Defence of England and Ireland and for payment of Debts undertaken by the Parliament Cap. 32. fol. 25. EXP. 33 An Act for the Reducing the Rebels in Ireland to their obedience to his Majesty and the Crown of England Cap. 33. fol. 25. EXP. 34 An Act for Explanation of a former Act for Reducing the Rebels in Ireland Cap. 34. fol. 25. EXP. 35 An Act to enable Corporations to adventure in Ireland Cap. 35. fol. 25. EXP. 36 A Subsidy granted to the King of Tunnage and Poundage and other Sums of money payable upon Merchandise to be Exported and Imported Cap. 36. fol. 25. EXP. 37 An Act for the further Reducing the Rebels in Ireland to their obedience to the King and Crown of England Cap. 35. fol. 25. EXP. Anno Duodecimo Caroli Secundi Regis Angliae c. 1. AN Act for removing and preventing all Questions and Disputes concerning the Assembling and Sitting of this present Parliament Cap. 1. Fol. 26. 2 An Act for putting in Execution an Ordinance mentioned in the said Act for an Assessment of 70000 l. per mensem for 3. moneths EXP. Cap. 2. fol. 26. 3 An Act for the continuance of Process and Judicial proceedings cap. 3. fol. 27. 4 A Subsidy granted to the King of Tunnage and Poundage and other sums of money payable upon Merchandize Exported and Imported Cap. 4. fol. 28. 5 An Act for continuing the Excize until the 20th of August 1660. Cap. 5. fol. 30. EXP. See 13 Car. 2. cap. 7. 6 An Act for the present nominating of Commissioners of Sewers Cap. 6. fol. 30. 7 An Act for Restoring unto James Marquess of Ormond all his Honors Manors Lands and Tenements whereof he was in Possession on the 23th day of October 1641. or at any time since Cap. 7. fol. 30. PR 8 An Act for continuing of the Excise till the 25th day of Decemb. 1660. Cap. 8. fol. 31. EXP. See 13 Car. 2. cap. 7. 9 An Act for the speedy Provision of Money for Disbanding and Paying off the Forces of this Kingdom both by Land and Sea Cap. 9. fol. 31. EXP. 10 An Act for Supplying and Explaining certain Defects in an Act Entituled An Act for the speedy Provision of Money for Disbanding and Paying off the Forces of this Kingdom both by Land and Sea Cap. 10. fol. 31. 11 An Act of Free and General Pardon Indempnity and Oblivion Cap. 11. fol. 31. 12 An Act for Confirmation of Judicial Proceedings Cap. 12. fol. 39. 13 An Act for Restraining the taking of Excessive Usury Cap. 13. fol. 42. 14 An Act for a perpetual Anniversary Thanksgiving on the 29th day of May Cap. 14. fol. 42. 15 An Act for the speedy Disbanding of the Army and Garrisons of this Kingdom Cap. 15. fol. 43. 16 An Act for enabling the Souldiers of the Army now to be Disbanded to Exercise Trades Cap. 16. fol. 43. 17 An Act for the Confirming and Restoring of Ministers Cap. 17. fol. 44. 18 An Act for the Encouraging and Increasing of Shipping and Navigation Cap. 18. fol. 44. 19 An Act to prevent Frauds and Concealments of His Majesties Customs and Subsidies Cap. 19. fol. 49. 20 An Act for raising Sevenscore thousand pounds for the compleat Disbanding of the whole Army and paying off some part of the Navy Cap. 20. fol. 49. EXP. See Stat. 13 Car. 2. cap. 6. 21 An Act for the speedy raising of Seventy thousand pounds for the present supply of his Majesty Cap. 21. fol. 49. EXP. See 13 Car. 2. cap. 6. 10. 22 An Act for the Regulating the Trade of Bay-making in the Dutch Bay-Hall in Colchester Cap. 22. fol. 49. 23 A Grant of certain Impositions upon Beer Ale and other Liquors for the encrease of his Majesties Revenue during life Cap. 23. fol. 49. 24 An Act for taking away the Court of Wards and Liveries and Tenures in Capite and by Knights-Service and Purveyance and for setling a Revenue upon his Majesty in lieu thereof Cap. 24. fol. 54. 25. An Act for the better Ordering the selling of Wines by Retayl and for preventing abuses in the mingling corrupting and vitiating of Wines and for setting and limiting the prices of the same Cap. 25. fol. 61. 26 An Act for the Levying of the arrears of the Twelve moneths Assessment commencing the 24th of June 1659. and the Six moneths Assessments commencing the 25th of December 1659. Cap. 26. fol. 63. EXP. See 13 Car. 2. cap. 7. 27 An Act for granting unto the Kings Majesty Four hundred and twenty thousand pounds by an Assessment of Threescore and ten thousand pounds by the moneth for 6 moneths for Disbanding the remainder of the Army and paying off the Navy Cap. 27. fol. 63. EXP. 28 An Act for further Supplying and Explaining certain defects in an Act Entituled An Act for the speedy Provision of Money for Disbanding and Paying off the Forces of this Kingdom both by Land and Sea Cap. 28. fol. 63. EXP. 29 An Act for the Raising of Seventy thousand pounds for the further Supply of his Majesty Cap. 29. fol. 63. EXP. 30 An Act for the Attainder of several persons guilty of the horrid Murther of his late Sacred Majesty King Charles the First Cap. 30. fol. 64. 31 An Act for Confirmation of Leases and Grants from Colledges and Hospitals Cap. 31. fol. 67. 32 An Act for Prohibiting the Exportation of Wooll Woolfells Fullers Earth or any kinds of scouring Earth Cap. 32. fol. 67. 33 An Act for Confirmation of Marriages Cap. 33. fol. 69. 34 An Act for Prohibiting the Planting Setting or Sowing of Tobacco in England and Ireland Cap. 34. fol. 70. 35 An Act for Erecting and Establishing a Post-Office Cap. 35. fol. 71. 36 An Act impowring the Master of the Rolls for the time being to make Leases for years in order to new build the old Houses belonging to the Rolls Cap. 36. fol. 74. 37 An Act for making the Precinct of Covent-Garden Parochial PR Cap. 37. fol. 74. Private Acts. AN Act for the restoring of Henry Lord Arundel of Warder to the possession of his estate An Act for the restitution of Thomas Earl
Patents Indentures or other Writings under his great Seal of England or Seal of the Court of Exchequer of any Manors Lands Tenements or Hereditaments parcel of the possessions of the said Dutchy of Cornwall or annexed to the same shall be good and effectual in Law according to the purport and content of the said Leases against our said Soveraign Lord the Kings Maiesty his Heirs and Successors and against all and every person or persons that shall hereafter have inherit or enjoy the said Dukedom of Cornwall by force of any Act of Parliament or other limitation whatsoever Except they be made for above 3â— years or 3 lives c. Provided alwayes That every such Lease so to be made of any Manors Lands Tenements or Hereditaments in possession shall be made but for thrée Lives or fewer or for one and thirty years or under or some other tearm of years determinable upon one two or thrée lives and not above And if such Leases be made in reversion That then the same together with the Estates in possession do not excéed thrée Lives or the terme of one and thirty years and not in any wise dispunishable of waste The ancient Rent to be reserved and if none anciently a reasonable Rent And so as upon every such Lease shall be reserved the ancient or most usual rent or such rent as hath béen yielded or payed for the greater part of twenty years next before the making of the said Leases and shall be reserved due and payable by or to him or her that shall have the Inheritance or other Estate of the said Manors Lands Tenements or Hereditaments And where no such rent hath béen reserved or payable that then upon every such Lease there shall be reserved a reasonable rent not being under the twentieth part of the clear yearly value of the Manors Lands Tenements or Hereditaments contained in such Lease All covenants c. contained in such Leases shall be good And be it further Ordained and Enacted by Authority of this present Parliament That all Covenants Conditions and Reservations and other Agréements contained in every Lease so to be made as aforesaid shall be good and effectual in Law according to the words and contents of the same as well for and against them to whom the reversion of the same Manors Lands Tenements or Hereditaments shall come as for and against them to whom the said Leases shall come respectively As if our said Soveraign Lord the Kings Majesty at the time of the making of such Covenants Conditions and Reservations and other Agréements were seized of an absolute and indefeizible Estate in Fée-simple in the same Manors Lands Tenements or Hereditaments Saving always to all and every person and persons The right of others saved bodies Politick and Corporate their heirs and successors executors administrators and assigns other then our said Soveraign Lord the Kings Majestie and his Heirs and all and every person and persons that shall hereafter have inherit or enjoy the said Dukedom of Cornwall by force of any Act of Parliament or other limitation whatsoever all such rights titles estates customs interests terms claims and demands whatsoever of what kind nature or quality soever of in to or out of the said Manors Lands Tenements or Hereditaments or any of them as they or any of them had or ought to have had before the making of this Act to all intents and purposes and in as large and ample manner and form as if this Act had never béen had or made This Act or any thing therein contained to the contrary notwithstanding CHAP. III. An Act for the Ease in obtaining of Licenses of Alienation and in the Pleading of Alienations with Licence or of Pardons of Alienations without Licence in the Court of Exchequer or elsewhere Stat. 12. Car. 2. cap. 24. All Fines Seizures and Pardons for Alienations and all incidents thereunto are taken away and discharged CHAP. IV. Forreigners as well as Inhabitants shall not be permitted to tipple in Inns Ale-houses c. 21 Jac. 5. WHereas in the last Parliament it was Enacted That if any person or persons whatsoever his or their haâ—itation or abiding be should after be found upon view or his own confession or proof of one witness to be tippling in any Inn Ale-house or Victualling-house 1 Jac. 5. 4 Jac. 5. such person or persons should be thenceforth adjudged and construed to be within the Statutes of the first and fourth years of the late Kings Majesties reign King James of famous memory The one intituled An Act to restrain the inordinate haunting of tippling in Inns Ale-houses and other Victualling-houses And the other intituled An Act to repress the odious and loathsom sin of Drunkenness as if he or they had inhabited and dwelled in the City Town Corporate Market town Village or Hamlet where the Inn Alehouse or Victualling-house was or should be where he or they should be so found tippling should incur the like penalty and the same to be in such sort levied and disposed as in the said Act is expressed concerning such as there inhabit but no punishment by any or either the said Acts or by any other Statute is inflicted upon the Inn-kéeper Alehouse-kéeper or Victualler that permits or suffers such person or persons not there inhabiting to tipple in his Inn Ale-house or Victualling-house The Inn-keeper c. that permits a forreigner to tipple in his house shall â—â—eâ—r the penalty provided by 2 Jac. â— For remedy whereof Be it Enacted That every Inn-kéeper Alehouse-kéeper and other Victualler that at any time after the end of this Session of Parliament shall permit and suffer any person or persons not inhabiting in the City Town Corporate Market town Village or Hamlet where such Inn Alehouse or Victualling-house is or shall be to tipple in the said Inn Alehouse or Victualling-house contrary to the true intent of any or either of the said former Statutes the said Inn-kéeper Alehouse-kéeper and Victualler so offending shall incur the same penalty and in such manner to be proved levied and disposed as in the former Statute of the first year of his said late Majesties reign is appointed for permitting such to tipple as dwell in the same City Town corporate Market town Village or Hamlet And be it further enacted That the kéepers of Taverns Vintners and Victuallers to be within this and the other Statutes and such as do sell Wine in their houses and do also kéep Inns or Victualling in their houses shall be taken to be within the said two former Statutes and also within this Statute CAP. V. Three entire Subsidies granted by the Spiritualty EXP. CAP. VI. Two entire Subsidies granted by the Temporalty EXP. CAP. VII This Session of Parliament by reason of the encrease of the Sickness and other inconveniencies of the season requiring a speedy Adjournment nevertheless shall not determine by his Majesties Royal assent to this and some other Acts. EXP. ANd
of the reign of the late Quéen Elizabeth intituled An Act touching leases of Benefices and other Ecclesiastical livings with Cure together with all and every explanations additions 27 El. not printed and alterations thereof or of any of them or to any of them made by several Statutes in the fourtéenth eightéenth 3 Jâ—c 8. The four acts above mentioned made perpetual and thrée and fortieth years of her said late Maiesties reign And one Act made in the seven and twentieth year of the reign of the late Quéen Elizabeth intituled An Act for the maintenance of the Péer and Cobb of Lyme Regis in the County of Dorset 21 Jac. 17. made perpetual And one Act made in the third year of the reign of the late King James intituled An Act for the avoiding of unnecessary delayes of executions be by authority of this present Parliament made perpetual and shall from henceforth stand in full force and effect and be put in due execution for ever hereafter And be it also enacted by the same authority That one Statute made in the one and twentieth year of the reign of the late King James intituled An Act against Vsury which act was to continue for the space of seven years from the four and twentieth day of June which then should be in the year of our Lord one thousand six hundred twenty and five and so to the end of the first Session of Parliament then next following be also by authority of this Parliament made perpetual 2â— H. 12. And it is further enacted by the authority aforesaid That one Act made in the one and twentieth year of the reign of the late King Henry the eighth intituled an Act for the true making of Cables Halters and Ropes And that part of one Act made in the Parliament holden at Westminster by prorogation the fourth day of November 3 4 Ed. 6. 1â— and continued untill the first day of February next after in the third and fourth years of the reign of the late King Edward the sixth by which it is ordained and enacted That no Person or Persons after the time in the said Act mentioned shall sell again alive Cattel in the said act mentioned at or in the Market or Fair wherein he bought the same during the time of the same Fair or Market under the pains therein contained And that no person being a Butcher and using the craft or mystery of Butchery shall at any time after the said feast buy any fat Oxen Stéers Ronts Kine Heifers Calves or Shéep and sell or cause to be sold the same again alive upon pain of forfeiture of every such Ox Stéer Ront 3 4 Ed. 6. 21. Cow Heifer Calves or Shéep bargained or sold contrary to the forme of that Act One other Act made in the same Parliament intituled an Act for the buying and selling of Butter and Chéese together with one Statute made in the Parliament holden in the one and twentieth year of the reign of the late King James 21 Jac. 22. intituled an Act for the explanation of the Statutes made in the third and fourth and fifth years of the reign of the said late King Edward the sixth concerning the traders of Butter and Chéese â— El 5. And so much of an Act made in the fifth year of the Reign of the late Quéen Elizabeth intituled an Act touching certain politick constitutions made for the maintenance of the Navy as is not repealed by any later Statute nor doth concern the eating of flesh or using of fish upon the Wednesday Nor the transportation of herring or other Sea fish Nor fréedom of subsidy Custome or Tonnage for the same Nor Transportation of Corn nor the prohibiting the bringing into this Realm any Cod or Ling in Barrels or other Casks together with all and every other additions explanations and alterations made thereunto or thereof or of any part thereof by any Statute or Statutes made sithence the making of the said last mentioned Act and in force the last day of the Session of Parliament that was in the one and twentieth year of the Reign of the late King James 5 El. 7. And one other Act made in the said fifth year intituled an Act for avoiding divers forreign wares made by handy-crafts Men beyond the Seas 8 El. 10. And an Act made in the eighth year of the Reign of the said late Quéen Elizabeth intituled an Act for Bowyers and the prices of Bows 13 El. 21. And one Act made in the thirtéenth year of the Reign of the late Quéen Elizabeth intituled an Act that Purveyors may take Corn and Victuals within five miles of Cambridge and Oxford in certain cases 14 El. 5. And so much of an Act made in the fourtéenth year of the Reign of the said late Quéen Elizabeth intituled an Act for the punishment of Vagabonds and the relief of the poor and impotent as concerneth the taxing rating levying and imploying of Gaol-mony â—8 El. 3. And so much of an Act made in the eightéenth year of the Reign of the said late Quéen Elizabeth intituled an Act for the setting the poor on work and avoiding Idleness as concerneth Bastards begotten out of lawful Matrimony with this that all Iustices of the Peace within their several limits and precincts and in their several Sessions may do and execute all things concerning that part of the said Statute that by Iustices of the Peace in the several Counties are by the said Statute limited to be done 18 El. 20. And an Act made in the said eightéenth year of the reign of the said late Quéen Elizabeth intituled an Act for repairing and amending the Bridges and High-wayes near unto the City of Oxford 2â— El. not printed And one Act made the seven and twentieth year of the Reign of the said late Quéen Elizabeth intituled an Act for the good Government of the City or Borough of Westminster 27 El. 14 3 4 Ed. 6. 20. 27 El 28. And two other Acts made in the said seven and twentieth year of the Reign of the said late Quéen Elizabeth the one intituled an Act for reviving of a former Statute for the true making of Mault together with the Statute by the said Act revived and the other intituled an Act for the kéeping of the Sea banks and Sea works in the County of Norfolke And one Act made in the one and thirtieth year of the Reign of the late Quéen Elizabeth 31 El. 8. intituled an Act for the true gawging of Vessels brought from beyond the Seas converted by Brewers for the utterance and sale of Ale and Béer And two Acts made in the five and thirtieth year of her said late Maiesties Reign 35 El. 10. the one intituled an Act for the Reformation of sundry abuses in Cloaths called Devonshire Kersies or Dozens according to a Proclamation of the four and thirtieth year of her said Maiesties Reign the
one part of the Statute made in the five and twentieth year of the Reign of the late King Henry the eighth intituled an Act for the destruction of wild fowl which was repealed by a later Act in the Parliament holden in the third and fourth years of the reign of the late King Edward the sixth Sâ— 3 4. El. â— 7. Sâ— 21. Jac. 28. â— M. 5. and revived in the Parliament holden in the one and twentieth year of the Reign of the late King James and one Act made in the first year of the Reign of the late Quéen Mary for and concerning the making repairing and amendment of the common high-way and Causey in the Counties of Dorset and Sommerset betwéen the Towns of Shaftsbury and Sherborn St. â—1 â—â— â—8 21 â—ac 6. 21 Jac. 18 in the County of Dorset and revived in the said one and twentieth year And also the several Acts hereafter mentioned made in the said one and twentieth year of the Reign of the late King James That is to say an Act intituled an Act concerning Women convicted of small felonies 4 Jac. 2. 21 Jac. 20. 21 Jac. 27. and one Act intituled an Act for the continuance of a former Statute made in the fourth year of the Reign of the said late King James intituled an Act for the true making of woollen clothes The 5â— Statutes above mentioned continued untill the end of the first Session of the next Parliament and for some addition and alterations in and to the same together with so much of one Act made in the said fourth year as was in force the last day of the Session of Parliament holden in the said one and twentieth year and one other Act intituled an Act to prevent and reform prophane swearing and cursing and one Act intituled an Act to prevent the destroying and murdering of bastard Children by vertue of this Act shall be and continue until the end of the first Session of the next Parliament in force and effect as the same were the first day of the Session of Parliament 1 Car. 1. Continued Continued til some other Act be made for continuance or discontinuance of the said Act. Mat. 17 Car. cap. 4. When Corn may be transported Start 21 Jac. 28. holden in the first year of the reign of our Soveraign Lord the King that now is And be it also Enacted that one Statute made in the said first year of his Majesties Reign that now is intituled an Act for punishing of divers abuses committed on the Lords day shall continue in force untill the end of the next Session of Parliament Provided nevertheless that so much of every of the said Act as by any new Act made in this Session of Parliament are or shall be explained altered or repealed shall for so much thereof from the end of this Session of Parliament stand be in force as by those other Acts shall be ordained Provided also and be it further Enacted by the authority of this present Parliament That when the prises of Corn or Grains at the times Havens and Places when and where the said Corn or Grain shall be bought shipped or laden excéed not the rates hereafter following viz. the quarter of Wheat at thirty and two shillings the quarter the quarter of Rye at twenty shillings the quarter of Pease and Beans at sixteen shillings the quarter of Barley or Mault at sixtéen shillings of currant English money That then it shall be lawful for all and every person and persons being Subjects of the Kings Maiesty His Heirs and Successors and born within this Realm to carry and transport of his own and to buy to sell again in Markets and out of Markets and to kéep or sell or carry and transport any of the said Corns and Grains from the places where they shall be of such prices unto any part beyond the Seas in amity with his Majesty as Merchandize in Ships Crayers or other Vessels whereof any English born Subject or Subjects then shall be the owner or owners or the same to carry and sell in other places within this Realm or Dominion thereof Any Law Statute or Vsage to the contrary hereof notwithstanding And that the Kings Majesty The Custom and Punsdage of Corn. his Heirs and Successors shall have and receive by the Customers and Officers of his Ports for the Custom or Poundage of every quarter of Wheat to be transported by force of this Statute out of this Realm two shillings of every quarter of other grain sixtéen pence which said several sums so to be had and taken as Custom or Poundage shall be in full satisfaction of all manner of Custom or Poundage for the said Corn or Grain by any Constitution Order Statute Law or Custom heretofore made used or taken for transporting of any such manner of Corn or Grain or made in this present Session of Parliament or hereafter to be made The Kings Proclamation may restrain transportation of Corn. Provided alwayes and be it Enacted by the authority of this present Parliament That the Kings Majesty his Heirs and Successors may at all times by his and their Writ of Proclamation to be published generally in the whole Realm or in any of the Counties of this Realm where any Ports are command that no person shall by vertue of this Act transport or convey any manner of Grain out of his Highness Dominions generally or out of any special Ports to be in the said Proclamation particularly named for such time as shall be therein limited and appointed And it shall not be lawful for any person to carry out any such Grain contrary to the tenor of the said Proclamation upon such pains and forfeitures as by the Laws and Statutes of this Realm are and have béen provided and ordained in that behalf This Act or any thing therein contained to the contrary notwithstanding Welsh Cottons Provided also and be it Enacted that no person or persons shall incur any penalty for want of length breadth or weight of Welsh Cottons under the price of 15 d. the yard or 2 s. the goad so as they be not mixed with hair or other deceitful stuff nor for any others above that price except they shall be mixed as aforesaid or shall shrink above the rate of half a yard in 12 yards of length or weigh less than fourteen ounces the yard or hold not full three quarters of a yard broad 16 E. â— â— And be it also Enacted by the authority aforesaid That that part of one Statute made in the fiâ—teenth year of the reign of the late King Richard the second by which it is ordained that no manner of Spicery after that it be brought into the Realm shall be carried out of the same Realm by Aliens nor by Denizens upon pain of forfeiture thereof And one Statute made in the sixteenth year of the reign of the late King Richard the second concerning Liveries 16 R. 2.
4. 20 R. 2. 2. and one other Statute made in the twentieth year of the reign of the late King Richard the second by which it is ordained that no Vaclets called Yeomen nor other of lesser estate than an Esquire shall use or bear any sign of Livery called Livery of Company of any Lord within the Realm And one Statute made in the first year of the reign of the late King Henry the fourth concerning giving of Liberies 7 H. 4. 7. 6 H. 4. 14. 13 H. 4. 3. 8 H. 6. 4. 8 Ed. 4. 2. 3 H. 7. 1. 3 H. 7. 12. A repeal of the 9 Statutes last mentioned And one statute made in the 7th year of the reign of the late King Hen. the 4th concerning giving of Liveries And one other Statute made in the 13th year of the reign of the late King Henry the fourth concerning giving of Liveries And one Statute made in the eighth year of the reign of the late King Henry the sixth concerning Liveries And one Statute made in the eighth year of the reign of the late King Edward the fourth concerning Liveries and so much of one Statute made in the third year of the reign of the late King Henry the seventh concerning the Star-Chamber as toucheth or concerneth the punishment of those that shall give or take Liveries And one other Statute made in the said third year concerning taking of Liveries by the Kings Officers and Farmers be from henceforth repealed And be it also enacted by authority of this Parliament 7 Jac. 20. continued untill the next Parliament that one Act of Parliament made in the seventh year of the reign of the late King James intituled An Act for the speedy recovery of many thousand Acres of marsh grounds and other grounds within the Counties of Norfolk and Suffolk lately surrounded by the rage of the Sea in divers parts of the said Counties and for the prevention of the danger of the like surrounding hereafter be continued and shall stand in force untill the end of the next Session of Parliament 17 Car. cap. 4. CAP. V. The Estates of the Tenants of Bromfield and Yale in the County of Denbigh and of the Tenures Rents and Services thereupon reserved according to the late composition made for the same with the Kings most Excellent Majesty then Prince of Wales ratified and confirmed PR CAP. VI. Five Subsidies granted by the Spiritualty EXP. CAP. VII Five Subsidies granted by the Temporalty Anno quarto Caroli Regis EXP. Anno Regni Caroli Regis Angliae Scotiae Franciae Hiberniae Decimo Sexto AT the Parliament begun at Westminster the third day of Novemb. An. Dom. 1640. In the sixteenth year of the Reign of CHARLES the first by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. To the High pleasure of Almighty God and to the weal publick of this Realm were Enacted as followeth CAP. I. Parliaments to be called and held every third year REP. ALT 16 Car. 2. cap. 1. CAP. II. A Grant of four entire Subsidies for the Relief of His Majesties Army and the Northern parts of the Kingdom EXP. CAP. III. Some things mistaken in the last Act reformed and the Acts of the Commissioners and other Officers by them appointed made good EXP. Anno decimo septimo Caroli Regis CAP. IV. A Grant of two Subsidies for the further Relief of His Majesties Army and the Northern parts of the Kingdom EXP. And divers Statutes continued ANd be it Enacted by the Authority aforesaid That the passing of this present Act Divers Statutes continued or of any other Act or Acts or his Majesties Royal Assent to them or any of them in this present Session of Parliament shall not be any determination of the said Session 3 Car. cap. 4. continued further and that all Statutes and Acts of Parliament which have their continuance or were by an Act of Parliament made in the third year of the Reign of his Majesty that now is intituled An Act for the Continuance and Repeal of divers Statutes continued untill the end of the first Session of the then next Parliament shall by vertue of this Act be adiudged ever since the Session of Parliament in the said third year to have been of such force and effect as the same were the last day of that Session and from thenceforth until some other Act of Parliament be made touching the continuance or discontinuance of the said Statutes and Acts in the said Act of the third year of his Majesties Reign continued as aforesaid CAP. V. The Lord Admiral and others by his authority may Raise and Impress Mariners Sailers and others for the present guarding of the Seas and necessary Defence of the Realm EXP. CAP. VI. Michaelmas Term abbreviated Inconvenience◠Michaelmas term being so soon after the feast of Saint Michael VVHereas the Term of S. Michael commonly called Michaelmas Term doth begin so soon after the Feast of Saint Michael that it is generally found to be very inconvenient to His Majesties Subjects both Nobles and others as well for the keeping of the Quarter Sessions next after the Feast of Saint Michael the Archangel and the keeping of their Léets Law-dayes and Court-Barons which they can by no means attend in regard of the necessity of their coming to the said Term so spéedily after the Feast of Saint Michael the Archangel to appear upon Iuries and to follow their Causes and Suits in the Law the same time being the chief time of all the year for the sowing of Land with Winter Corn and for the disposing and setting in order of all their Winter Husbandry and business and for the receiving and paying of Rents And in many parts of this Kingdom Harvest is seldom or never Inned till three wéeks after the said Feast Therefore the Kings most Excellent Majesty out of the Princely care that he hath of all his loving Subjects having a special care to the encrease and continuance of their wealth and good Estates by the assent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the authority of the same Ordaineth Enacteth and Establisheth That in the said Michaelmas Term there shall be six common dayes of Return only and not above that is to say The first day of Return thereof shall be and be called A die Sancti Michaelis in tres Septimanas In Michaelmas term shall be lie common dayes of Return only The second day of Return of the same Term shall be and be called A die Sancti Michaelis in unum mensem The third day of Return of the same Term shall be and be called In Crastino animarum The fourth day of Return of the same Term shall be and be called In Crastino Sancti Martini The fifth day of Return of the same Term shall be and be called In Octabis Sancti Martini And the sixth day of Return of the said
The 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
the Land and if any thing be done to the contrary it shall be void in Law and holden for error And by another Statute made in the six and thirtieth year of the same King Edward the Third 36 E. 3. c. 15. It is amongst other things Enacted That all pleas which shall be pleaded in any Courts before any the Kings Iustices or in his other places or before any of his other Ministers or in the Courts and places of any other Lords within the Realm shall be entred and inrolled in Latine And whereas by the Statute made in the third year of King Henry the seventh 3 H. 7. cap. 1. power is given to the Chancellor the Lord Treasurer of England for the time being and the Kéeper of the Kings Privy Seal or two of them calling unto them a Bishop and a Temporal Lord of the Kings most Honourable Councel and the two Chief Iustices of the Kings Bench and Common Pleas for the time being or other two Iustices in their absence to procéed as in that Act is expressed for the punishmâ—â—â— of some particular offences therein mentioned And by the Statute made in the One and tâ—â—ntieth year of King Henry the Eighth 21 H. 8. cap. 20 The President of the Councel is associated to joyn with the Lord Chancellor and other Iudges in the said Statute of the third of Henry the seventh mentioned But the said Iudges have not kept themselves to the points limited by the said Statute but have undertaken to punish where no Law doth warrant and to make Decrées for things having no such Authority and to inflict heavier punishments then by any Law is warranted All matters â—â—â—minable in 〈◊〉 Star-Chamber maâ— be â—â—â—â—â—nable and 〈◊〉 â—â—o by the Common Law And forasmuch as all matters examinable or determinable before the said Iudges or in the Court commonly called the Star-Chamber may have their proper remedy and redress and their due punishment and correction by the Common Law of the Land and in the Ordinary course of Iustice elswhere and forasmuch as the reasons and motives inducing the erection and continuance of that Court do now cease and the procéedings Censures and Decrées of that Court have by experience been found to be an intolerable burthen to the Subject and the means to introduce an Arbitrary Power and Government And forasmuch as the Councel-Table hath of late times assumed unto it self a power to intermeddle in Civil causes and matters only of private interest betwéen party and party and have adventured to determine of the Estates and Liberties of the Subiect contrary to the Law of the Land and the Rights and Priviledges of the Subject by which great and manifold mischiefs and inconveniencies have arisen and happened and much incertainty by means of such procéedings hath béen conceived concerning Mens Rights and Estates For setling whereof and preventing the like in time to come Be it Ordained and Enacted by the Authority of this present Parliament Court of Star-Chamber and all its powers dissolved That the said Court commonly called the Star-Chamber and all Iurisdiction Power and Authority belonging unto or exercised in the same Court or by any the Iudges Officers or Ministers thereof be from the first day of August in the year of our Lord God One thousand six hundred forty and one clearly and absolutely dissolved taken away and determined and that from the said first day of August neither the Lord Chancellor or Kéeper of the Great Seal of England the Lord Treasurer of England the Kéeper of the Kings Privy-Seal or President of the Councel nor any Bishop Temporal Lord Privy-Councellor or Iudg or Iustice whatsoever shall have any power or authority to hear examine or determine any matter or thing whatsoever in the said Court commonly called the Star-Chamber or to make pronounce or deliver any Iudgment Sentence Order or Decrée or to do any Iudicial or Ministerial Act in the said Court And that all and every Act and Acts of Parliament and all and every Article clause and sentence in them and every of them by which any Iurisdiction power or Authority is given limited or appointed unto the said Court commonly called the Star-Chamber or unto all or any the Iudges Officers or Ministers thereof or for any procéedings to be had or made in the said Court or for any matter or thing to be drawn into question examined or determined there shall for so much as concerneth the said Court of Star-Chamber and the power and authority thereby given unto it be from the said first day of August repealed and absolutely revoked and made void And be it likewise Enacted Like Iurisdiction in several other Courts repealed and taken away That the like Iurisdiction now used and exercised in the Court before the President and Councel in the Marches of Wales and also in the Court before the President and Councel established in the Northern parts And also in the Court commonly called the Court of the Dutchy of Lancaster held before the Chancellor and Councel of that Court And also in the Court of Exchequer of the County Palatine of Chester held before the Chamberlain and Councel of that Court The like Iurisdiction being exercised there shall from the said first day of August One thousand six hundred forty and one be also repealed and absolutely revoked and made void any Law prescription custome or usage Or the said Statute made in the third year of King Henry the seventh Or the Statute made the One and twentieth of Henry the Eigth Or any Act or Acts of Parliament heretofore had or made to the contrary thereof in any wise notwithstanding And that from henceforth no Court Councel No Court or Councel to have the like Iurisdiction or place of Iudicature shall be erected ordained constituted or appointed within this Realm of England or Dominion of Wales which shall have use or exercise the same or the like Iurisdiction as is or hath béen used practised or exercised in the said Court of Star-Chamber Be it likewise declared and Enacted by Authority of this present Parliament The King nor his privy Councel shall have no Iurisdiction over any mans estate That neither his Majesty nor his Privy-Councel have or ought to have any Iurisdiction power or authority by English Bill Petition Articles Libel or any other Arbitrary way whatsoever to examine or draw into question determine or dispose of the Lands Tenements Hereditaments Goods or Chattels of any the Subjects of this Kingdome But that the same ought to be tryed and determined in the ordinary Courts of Iustice and by the ordinary course of the Law And be it further provided and Enacted That if any Lord Chancellor Penalties upon great Officers and others for the first offence or Kéeper of the Great Seal of England Lord Treasurer Kéeper of the Kings Privy Seal President of the Councel Bishop Temporal Lord Privy Councellor Iudg or Iustice whatsoever shall offend or do
hundred fourty and one shall put in execution any Letters Patents Proclamation Edict Act Order Warrant Restraint or other Inhibition whatsoever whereby the Importation of Gun-powder Salt-peter Brimstone or other the materials aforementioned or any of them from Forraign parts or the making of Gun-powder within this Realm shall be any way prohibited or restrained That then the said person and persons so offending shall incur and sustain the pains penalties and forfeitures contained and provided in the Statute of provision and premunire made in the Sixtéenth year of King Richard the Second CAP. XXII A Subsidy granted to the King of Tunnage Poundage and other sums of Money Tunnage Poundage payable upon Merchandize Exported and Imported from the 9th of August 1641. to the first of December next EXP. CAP. XXIII An Act for the better raising and Levying of Mariners Sailers and others Mariners for the present guarding of the Seas EXP. CAP. XXIV For Relief of Captives taken by Turkish and other Pyrats Captive and one per Cent. on Customable goods for three years to be paid and received by the Lord Mayor and Chamberlain of London for that purpose EXP. CAP. XXV A Subsidy granted to the King of Tunnage Poundage c. from the last of November 1641. Tunnage Poundage to the first of February next and the like until the second of July 1642. EXP. CAP. XXVI For the better Raâ—sing and Levying of Mariners Sailers and others Mariners for the present guarding of the Seas EXP. CAP. XXVII Persons in Holy Orders shall not exercise certain temporal powers and authorities Persons in Holy Orders REP. Stat. 13 Car. 1. cap. 2. CAP. XXVIII For the better Raising and Levying of Souldiers for the present defence of the Kingdoms of England and Ireland Souldiers EXP. CAP. XXIX A Subsidy granted to the King of Tunnage and Poundage Tunnage Poundage and other sums of Money payable upon Merchandize Exported and Imported from the last of January 1641. to the 25th of March next ensuing EXP. CAP. XXX A Contribution and Loan towards the Relief of Ireland Contribution EXP. CAP. XXXI A Subsidy granted to the King of Tunnage and Poundage Tunnage Poundage and other sums of Money payable upon Merchandize exported and imported from the second of May 1642. to the second of July next following EXP. CAP. XXXII For the Raising and Levying of Moneys for the necessary defence and great affairs of the Kingdoms of England and Ireland and for the payment of Debts undertaken by the Parliament Ireland EXP. CAP. XXXIII An Act for the speedy and effectual reducing of the Rebels in Ireland EXP. CAP. XXXIV Certain Clauses explaining another Act for the reducing the Rebels in Ireland EXP. CAP. XXXV Corporations and Bodies Politick enabled to partake of the benefit of an Act for reducing the Rebels in Ireland EXP. CAP. XXXVI A Subsidy granted to the King of Tunnage Poundage and other sums of Money Tunnage Poundage payable upon Merchandize exported and imported from the 14th of March 1641. to the third of May next ensuing EXP. CAP. XXXVII For the further advancement of an effectual and speedy Reduction of the Rebels in Ireland EXP. Anno Regni Caroli II. Regis Angliae Scotiae Franciae Hiberniae Duodecimo AT the Parliament begun at Westminster the Five and twentieth day of April Anno Dom. 1660. In the Twelfth Year of the Reign of Our most Gracious Soveraign Lord CHARLES the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. And there continued until the Nine and twentieth day of December then next following and then Dissolved by his Majesty To the high pleasure of Almighty God and to the weal publick of this Realm were Enacted as followeth CAP. I. The Assembling and Sitting of this present Parliament St. 17 Car. 1. cap. 7. St. 13 Car. 2. cap. 1. The Parliament begun 3 Nov. 16 Car. declared to be dissolved St. 13 Car. 2. cap. 1 The Lords and Commons now sitting declared to be the two Houses of Parliament FOr the preventing all Doubts and Scruples concerning the Assembling Sitting and Procéeding of this present Parliament Be it Declared and Enacted and it is Declared and Enacted by the King our Soveraign Lord and by the Lords and Commons in Parliament assembled and by Authority of the same That the Parliament begun and holden at Westminster the third day of November in the Sixtéenth year of the Reign of the late King CHARLES of blessed Memory is fully Dissolved and Determined And that the Lords and Commons now sitting at Westminster in this present Parliament are the Two Houses of Parliament and so shall be and are hereby Declared Enacted and Adjudged to be to all Intents Constructions and purposes whatsoever notwithstanding any want of the Kings Majesties Writ or Writs of Summons or any Defect or Alteration of or in any Writ or Writs of Summons or any other Defect or Default whatsoever as if this Parliament had béen Summoned by Writ or Writs in his Majesties Name according to the usual Form and as if His Majesty had béen present in person at the Assembling and Commencement of this present Parliament Provided alwayes That this Parliament may be dissolved by his Majesty after the usual manner as if the same had béen summoned by Writ or Writs in his Majesties Name The Kings assent to this Act shall not determine this Session Provided also and it is hereby Enacted That His Majesties Royal Assent to this Bill shall not determine this present Session of Parliament CAP. II. An Act for putting in Execution an Ordinance mentioned in the said Act for an Assessment of 70000 l. per mensem for three Months EXP. CAP. III. Process and Judicial Proceedings Continued WHereas the four first Returns of Easter Term in the year One thousand six hundred sixty of late called from Easter day in fiftéen dayes from Easter day in thrée wéeks from Easter day in one Moneth and from Easter day in five wéeks or any of them cannot be conveniently kept or holden Now for avoiding all manner of discontinuances whatsoever which by occasion thereof should or might happen or be in any Matter or cause whatsoever Process Writs c. shall not be discontinued for not holding certain dayes of Return in any the Courts at Westminster Be it Enacted by the Kings most Excellent Majesty and the Lords and Commons Assembled in Parliament That no Pleas Writs Bills Actions Suits Plaints Process Precepts or other thing or things whatsoever Pleaded Returned or Depending or having day or dayes in any of the said Courts in or at the said several Returns or any of them or at any other day or dayes certain after any of the said Returns shall be in any wise discontinued or put without day for or by reason of the not kéeping or holding of the said Returns or dayes or any of them but that all
Great Seal of Lands Liberties Honours or Offices do or may issue in the Kings Majesties Name in the same manner as was usual before the making of the said first recited pretended Act any thing in this present Act to the contrary thereof before expressed in any wise notwithstanding St. 13. Car. 2. cap. 12. CAP. IV. A Subsidie granted to the King of Tonnage and Poundage and other some of Money payable upon Merchandize Exported and Imported The Causes and Trusts upon granting the Subsidies of Tonnage and Poundage THe Commons assembled in Parliament reposing Trust and Confidence in Your Majesty in and for the Guarding and Defending of the Seas against all persons intending or that shall intend the disturbance of Your said Commons in the intercourse of Trade and the invading of this Your Realm For the better defraying the necessary Expences thereof which cannot otherwise be effected without great charge to Your Majesty Do by and with the advice and consent of the Lords in this Your present Parliament assembled and by the authority of the same Defending the Seas to the intent aforesaid Give and Grant unto You our Supreme Liege Lord and Soveraign A Subsidy of Tonnage granted to the King one subsidy called Tonnage That is to say Of every Ton of Wine of the growth of France or of any the Dominions of the French King or Crown of France that shall come into the Port of London and the Members thereof by way of Merchandize by your Natural born Subjects the sum of Four Pounds and ten shillings of currant English Money and so after that Rate and by Strangers and Aliens Six pounds of like money And of every Ton of the like Wine which shall be brought into all and every the other Ports and places of this Kingdome and the Dominions thereof by way of Merchandize by Your Naturall Born Subjects the sum of Thrée pounds and by Aliens Four pounds and ten shillings And of every Butt or Pipe of Muscadels Malmseys Cutes Tents Allicants Bastards Sacks Canaries Malligoes Maderoes and other Wines whatsoever commonly called Swéet Wines of the growth of the Levant Spain Portugal or any of them or of any the Islands or Dominions to them or any of them belonging or elsewhere that shall come or be brought into the Port of London by your Natural born Subjects the sum of Fourty five shillings of currant English money and so after that Rate And by Strangers and Aliens Thrée pounds of like money And of every Butt and Pipe of the like Wine which shall come or be brought into all every or any the other Ports and Places of this Kingdom and Dominions thereof by way of Merchandize by Your Natural Born Subjects the sum of Thirty shillings and by Strangers Forty five shillings And of every Awm of Rhenish Wine or Wine of the growth of Germany that shall be brought into this your Realm and the Dominions thereof by your Natural Born Subjects The sum of twenty shillings of currant English money and strangers and Aliens Twenty and five shillings which several Rates are the same which are expressed in a certain Book of Rates herein after mentioned and referred unto And also one other Subsidy called Poundage That is to say of all manner of Goods and Merchandize of every Merchant A subsidy of poundage Natural Born Subject Denizen and Alien to be carryed out of this Realm or any your Majesties Dominions to the same belonging or to be brought into the same by way of Merchandize of the value of every twenty shillings of the same Goods and Merchandizes according to the several and particular Rates and values of the same goods and Merchandizes as the same are particularly and respectively Rated and Valued in the said Book of Rates herein after mentioned and referred unto Twelve pence and so after that Rate And of every Twenty shillings value of any the Native Commodities of this Realm or Manufactures wrought of any such Native Commodities to be carried out of this Realm by every or any Merchant Alien according to the Value thereof in the said book expressed Twelve pence over and above the Twelve pence aforesaid Except and foreprized out of this Grant of Subsidy of Poundage all manner of Woollen Clothes made or wrought or to be made or wrought within this Realm of England commonly called Old Draperies and all Wines before limited to pay subsidy of Tonnage and all manner of Fish English taken and brought by English bottoms into this Realm and all manner of fresh Fish and bestial that shall come into this your Realm and all other Goods and Merchandizes which in the said book of rates are mentioned to be custome-frée Exceptions out of the subsidy of poundage And further We your said Commons by the advice Assent and Authority aforesaid do give and grant unto You Our said Liege Lord and Soveraign for the causes aforesaid One other Subsidy That is to say of and for every short woollen cloth to be exported by Your Natural Born Subjects of this your Realm and the Dominions thereof called broad Cloth not excéeding twenty eight yards in length and thréescore and four pounds in weight the sum of thrée shillings and four pence of Currant English money and for every Cloth of short cloth of old Drapery of lesser length and weight accounting so many pieces to a short cloth as limited and appointed thereunto by the said Book of Rates to be likewise exported by your said natural born Subjects the like sum of of thrée shillings four pence and so after that rate and by Strangers and Aliens six shillings and eight pence for every short cloth accounted as aforesaid which several Rates are accordingly expressed in the said Book of Rates herein after mentioned and referred unto A subsidy of strangers Aliens To have hold take enjoy and perceive the Subsidies aforesaid and every of them and every part and parcel of them unto your Majesty from the four and twentieth day of June inclusively The said subsidies granted to the King during his life in the Twelfth year of your Majesties Reign for and during your Majesties life which God long preserve And be it further Enacted by the Authority aforesaid That if any Wines Goods The penalty for not paying the subsidy or other Merchandize whereof the Subsidies aforesaid are or shall be due shall at any time after be shipped or put into any Boat or Vessel to the intent to be carried into the parts beyond Seas or else be brought from the parts beyond the Seas into any Port Place or Créek of this Realm or other your Majesties Dominions by way of Merchandize and unshipped to be laid on Land the Subsidy Customes and other duties due or to be due for the same not paid or lawfully tendred to the Collector thereof or his Deputy with the consent and agréement of the Comptroller and Surveyor there or one of them at the least nor agréed with
his Majesty that now is and not accompted for and discharged Iesuites Seminary and Romish Priests excepted And also excepted out of this Pardon all and every offence and offences committed or done by any Iesuit Seminary or Romish Priest whatsoever contrary to the Tenor or effect of the Statute made in the Seven and twentieth year of the Reign of the late Quéen Elizabeth Entituled An Act against Jesuits Seminaries Priests and other disobedient persons or of any part thereof and all out-lawries procéedings Iudgments and executions for the same offences or any of them Provided alwayes and be it Enacted by the authority aforesaid Writs of Cap. Utlagat may be diâ—â—â—ed against any person That it shall and may be lawfull to and for all and every Clerk and other Officer of the Courts at Westminster to award and make Writs of Capias Utlagatum at the suit of the party plaintiff against such persons out-lawed as be pardoned by this Act to the intent to compel the Defendant or Defendants to make answer to the plaintiff or plaintiffs at whose suit he or they were outlawed And that every person so out-lawed The party out-lawed may sue one a scire fac as against the Plaintiff shal sue a Writ of Scire facias against the party or parties at whose Suit he or they were so out-lawed before this pardon in that behalf shall be allowed him or them so out-lawed Provided and be it Enacted by the authority aforesaid That this Act of general pardon shall not in any wise extend to pardon any Out-lawries upon any Writ of Capias ad Satisfaciendum untill such time as the party so out-lawed shall satisfie Persons out-lawed upon capias ad satisfaciendum c. or otherwise agrée with the party at whose suit the same person was so out-lawed or condemned And also excepted out of this pardon all informations and other procéedings depending concerning any common Highwayes or Bridges and all issues returned upon any process concerning the same since the Thirtieth day of January Informations and proceedings concerning high-waies c excepted One thousand six hundred forty eight Except also all Recognizances Obligations and other securities given or entred into Since the five and twentieth of March One thousand six hundred and forty by any Receiver Réeve Bayliffe Collector or other accountant in the Court of the publick Exchequer and their sureties and their acounts respectively Provided alwayes and be it Enacted that this Act or any thing therein Contained Obligation and recognizance not yet forfeited shall not extend or be construed to Pardon or discharge any Recognizance Obligation or Bond which is not yet forfeited And be it further Enacted by the Authority aforesaid That all Acts of Hostility and Injuries All acts of hostility injuries c. between the King and his Parliament to be put in perpetual oblivion whether betwéen the late King and the Lords and Commons then in Parliament assembled or betwéen any of the People of this Nation which did arise upon any Action Attempt Assistance Counsell or Advice having Relation unto or falling out by reason of the troubles or in the late Wars or publick differences betwéen the late King and Parliament or betwéen His now Majesty or any of Subjects and which are not in this Act excepted That the same and whatsoever hath ensued thereupon whether trenching upon the Laws and Liberties of this Nation or upon the Honor of His Majesty or upon the Honor or Authority of the Parliament or to the prejudice of any particular or private Person shall in no time from and after the four and twentieth day of June in the year of our Lord one thousand six hundred and sixty be called in question whatsoever be the quality of the person or of whatsoever kind or Degrée Civil or Criminal the Inâ—ury is supposed to be And that no mention be made thereof in time to come in Iudgment or in Iudicial procéedings And to the intent and purpose that all names and terms of Distinction may be likewise put into utter Oblivion Be it further Enacted by the Authority aforesaid The penalty upon any person that shall within 3. years use any words of reproach or disgrace tending to revive the memory of the late differences That if any person or Persons within the space of Thrée years next ensuing shall presume maliciously to call or alledge of or object against any other person or persons any Name or Names or other Words of Reproach any way tending to revive the Memory of the late Differences or the Occasions thereof That then every such person so as aforesaid Offending shall forfeit and pay unto the party grieved in case such party Offending shall be of the Degrée of a Gentleman or above Ten pounds and if under that Degrée The sum of forty shillings to be recovered by the party grieved by Action of Debt to be therefore brought in any of His Majesties Courts of Record wherein no Essoin protection or Wager of Law shall be allowed or any more then one Imparlance so as the same Action be commenced or prosecuted within six Moneths next after the Offence Committed And if the Iury sworn to try any Issue or Issues that shall be joyned in such Action shall find for the plaintiff they shall likewise give to every such Plaintiff Forty shillings Damages over and above the penalty aforesaid Provided alwayes that this Act or any thing therein contained shall not Extend Persons plotting or signing the Irish Rebellion excepted or give any benefit unto any person or persons who have had any hand in the Plotting Contriving or designing the great and heinous Rebellion in Ireland mentioned in one Act passed in the Parliament begun at Westminster the third day of November in the sixtéenth year of King Charles entituled An Act for the speedy and effectual Reducing of the Rebels in His Majesties Kingdom of Ireland to their due obedience to His Majesty and Crown of England Or in Aiding Assisting or Abetting the same Other then such as by another Act intended hereafter to be passed shall be therein Named mentioned or Expressed to be pardoned nor to Enure to Restore to any person or persons bodies politick or corporate other then the Marquess of Ormond Lord Steward of his Majesties Houshold and other the Protestants of Ireland and their Heirs and such other person and persons as in and by an Act intended hereafter to be passed shall be therein Named Mentioned or Expressed in that behalf any Estate Liberties Franchises or Hereditaments in England or Ireland sold or disposed of by both or either Houses of Parliament or any Convention assuming the Stile or Name of a Parliament or any person or persons deriving authority from them or any of them or which was approved or confirmed by them or any of them Nor to the Mean Profits Rents or Contingencies of advantage of the same Every person pardoned may plead the general Issue
assembled and by the Authority of the same and it is hereby Enacted The Court of Wards and Liveries Primer-Seisin c. taken away That the Court of Wards and Liveries and all Wardships Liveries Primer-Seisins and Ouster-le-mains Values and forfeitures of Marriages by reason of any Tenure of the Kings Majesty or of any other by Knights-service and all mean Rates and all other Gifts Grants Charges incident or arising for or by reason of Wardships Liveries Primer-Seisins or Ouster-le-mains be taken away and discharged and are hereby Enacted to be taken away and discharged from the said twenty fourth day of February One thousand six hundred forty five any Law Statute Custom or Vsage to the contrary hereof in any wise notwithstanding Fines for alienations c. taken away 1 Car. 1. cap. 3. And that all Fines for Alienations Seizures and Pardons for Alienations Tenure by Homage and all Charges incident arising for or by reason of Wardship Livery Primer-Seisin or Ouster-le-main or Tenure by Knights-service Escuage and also Aide pur file marrier pur faier fits Chivalier and all other Charges incident thereunto be likewise taken away and discharged from the said Twenty fourth day of February One thousand six hundred forty and five any Law Tenures by Knights service taken away Statute Custom or Vsage to the contrary hereof in any wise notwithstanding And that all Tenures by Knights-Service of the King or of any other person and by Knights-Service in Capite and by Soccage in Capite of the King and the Fruits and consequents thereof happened or which shall or may hereafter happen or arise thereupon or thereby be taken away and discharged Any Law Statute Custome or usage to the contrary hereof in any wise notwithstanding And all Tenures of any Honors Manors Lands Tenements or Hereditaments or any Estate of Inheritance at the Common-Law held either of the King or of any other person or persons Bodies Politick or Corporate are hereby Enacted to be turned into frée and common Soccage to all intents and purposes from the said Twenty fourth day of February One thousand six hundred forty five and shall be so construed adjudged and déemed to be from the said Twenty fourth day of February One thousand six hundred forty five and for ever thereafter turned into frée and common Soccage Any Law Statute Custome or usage to the contrary hereof in any wise notwithstanding Tenures by domage escuage c. discharged And that the same shall for ever hereafter stand and be discharged of all Tenure by Homage Escuage Voyages-Royal and charges for the same Wardships incident to Tenure by Knights-Service and values and forfeitures of marriage and all other charges incident to tenure by Knights-service And of and from Aide pur file marrier and Aide pur faier fitz Chivalier any Law Statute Vsage or Custom to the contrary in any wise notwithstanding And that all Conveyances and Devises of any Mannors Lands Tenements and Hereditaments made since the said 24th of February shall be expounded to be of such effect as if the same Mannors Lands Tenements and Hereditaments had béen then held and continued to be holden in frée and common Soccage only any Law Statute Custome or usage to the contrary hereof in any wise notwithstanding And be it further ordained and enacted by the authority of this present Parliament The Acts of 32 H. 8. cap. 6. 33 H 8. cap. 22. repealed That one act made in the reign of King Henry the 8th Entituled An Act for the establishment of the Court of the Kings Wards And also one Act of Parliament made in the 33. year of the reign of the said King Henry the 8th concerning the Officers of the Court of Wards and Liveries and every Clause Article and Matter in the said Acts contained shall from henceforth be repealed and utterly void And be it further Enacted by the authority aforesaid All tenures to be created by the King hereafter shall be free and common soccage That all tenures hereafter to be created by the Kings Majesty his Heirs or Successors upon any gifts or grants of any Mannors Lands Tenements or Hereditaments of any Estate of Inheritance at the common law shall be in frée and common soccage and shall be adjudged to be in free and common soccage only and not by Knights Service or in Capite and shall be discharged of all Wardship value and forfeiture of marriage Livery Primer-Seizin Ouster le main Aide pur faier fits Chivalier and pur file marrier any Law Statute or reservation to the contrary thereof in any wise notwithstanding Provided nevertheless and be it Enacted That this Act or any thing therein contained Proviso for rents certain herriots c. shall not take away nor be construed to take away any Rents certain Herriots or Suits of Court belonging or incident to any former Tenure now taken away or altered by vertue of this Act or other Services incident or belonging to Tenure in common Soccage due or to grow due to the King Majesty or mean Lords or other private person Fines for Alienations due by particular customs of Mannors or the fealty and distresses incident thereunto And that such relief shall be paid in respect of such Rents as is paid in case of the death of a Tenant in common Soccage Provided always and be it enacted That any thing herein contained shall not take away nor be construed to take away any Fines for Alienation due by particular customs of particular Mannors places other then fines for alienations of lands or Tenem holden immediately of the K. in Capite Provided also and be it further Enacted That this Act or any thing therein contained Tenures in Frank Almoigne Copy of court Roll. shall not take away or be construed to take away Tenures in Frank Almoigne or to subiect them to any greater or other services then now are nor to alter or change any Tenure by Copy of Court Roll or any services incident thereunto nor to take away the honorary services of Grand Serjeanty other then of Wardship Marriage and value of Forfeiture of Marriage Escuage Voyages Royal and other charges incident to Tenure by Knights Service Honorary services and other then Aide pur faier fitz Chivalier and Aide pur file marrier And be it further Enacted by the authority aforesaid That where any person hath or shall have Parents may dispose of the custody of children during their mâ—nority and Child or Children under the age of 21 years and not married at the time of his death That it shall and may be lawful to and for the Father of such child or children whether born at the time of the decease of the Father or at that time in ventre sa mere or whether such Father be within the age of 21 years or of full age by his Deed executed in his life time or by his last Will and Testament in writing in the presence of
shall graciously be pleased to pardon him And if his Majesty shall grant his pardon to any Péer of this Realm or Commoner convicted of any offence against this Act after such Pardon granted the Péer or Commoner so pardoned shall be restored to all intents and purposes as if he had never béen convicted any thing in this Law to the contrary in any wise notwithstanding CAP. II. An Act of Parliament Entituled An Act for dis-enabling all persons in Holy Orders to exercise any Temporal Jurisdiction or Authority Repealed WHereas at the Parliament begun at Westminster the Third day of November in the Sixtéenth year of the Reign of our late Sovereign Lord King Charles of blessed memory since deceased an Act of Parliament was made Entituled An Act for dis-enabling all persons in Holy Orders to exercise any Temporal Jurisdiction or Authority Stat. 17 Car. 1. cap. 27. Rep. Which Act hath made several alterations prejudicial to the constitution and ancient Rights of Parliament and contrary to the Laws of this Land and is by experience found otherwise inconvenient Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords and Commons in this present Parliament assembled and by the Authority of the same That the said Act Entituled An Act for dis-enabling all persons in holy Orders to exercise any Temporal Jurisdiction or Authority and every clause matter and thing therein contained shall be and is hereby from henceforth repealed annulled and made void to all intents and purposes whatsoever CAP. III. All such Monies Goods and other things which were Received Levied or Collected in these late Times and are remaining in the hands or possession of any Treasurers Receivers Collectors or others not pardoned by the Act of Oblivion declared to be Vested and setled in His Majesty WHereas divers Doubts have béen made whether or no the Monies Goods Chattels and other things excepted to be accounted for in the Act of Frée and General Pardon Indempnity and Oblivion made and passed in the Parliament begun at Westminster the Five and twentieth day of April in the Twelfth year of your Majesties Raign do belong unto and of right are in your Majesty for that the same were not levied received collected or taken by your Majesties Authority or to your Majesties use For remedy and clearing whereof Goods and Monies levied since the 30. of Ian. 1642. and not pardoned are vested in his Majesty We the Lords and Commons assembled in Parliament humbly beséech your Majesty that it may be Enacted and be it Declared Enacted and Ordained by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords and Commons assembled in Parliament and by the Authority thereof That all and every sum and sums of Money Goods Plate Iewels Horses Arms Ammunition and other things whatsoever levied received or taken sithence the Thirtieth of January One thousand six hundred forty two by any of the late pretended Authorities or by pretence or colour of any Power or Authority derived or pretended to be derived from them or any of them for any publick use which are not pardoned by the said Act which are not otherwise vested and setled in the Kings Majesty and all Bonds Obligations Stat. 12 Car. 2. cap. 11. and other Securities entred into for the same or any part thereof be and are hereby vested and setled in the Kings Majesty his Heirs and Successors and that his Sacred Majesty his Heirs and Successors may from time to time and at all times hereafter have demand sue for and recover the same of all and every person and persons their Heirs Executors and Administrators who are accountable for the same or in whose hands or possessions soever the same were or are as if the same had béen levied received collected or taken in his Majesties Name by Authority from his Majesty or to his Majesties use any Law or Statute Vsage or Custom to the contrary in any wise notwithstanding And be it further Enacted by the Authority aforesaid That all and every person or persons which have received any the aforesaid sum or sums of money from any Treasurer or Receiver for any publick use by way of Imprest to be accounted for which are not pardoned or discharged by the aforesaid Act shall be liable to account and called to account in such manner and form as if they had received the same out of his Majesties Exchequer or any other publick Treasury The Revenues of the Churches in Wales and particularly those persons that have received or collected the Revenues of any Churches or Vicarages in Wales or in the County of Monmouth since the year of our Lord One thousand six hundred forty eight Provided they have all due allowances in their accounts as all such persons whose accounts are excepted in the Act of Oblivion have or ought to have And to the end his Majesty may be the better enabled to discover Commissions for discovery and sue for all such Monies Goods and other things invested in his Maiesty by this Act it is further ordained and Enacted by the Authority aforesaid That His Majesty His Heirs and Successors shall and may from time to time issue forth such and so many Commissions to such and so many persons as his Majesty shall think fit either under the great Seal of England or the Seal of his Majesties Exchequer for the better discovering levying receiving and discharging the same Persons accountable enabled to sue for and levy all arrears And be it further Enacted by the Authority aforesaid That all persons accountable to his Majesty by this Act shall have full power and Authority and are hereby enabled to sue for Levy and recover from the parties from whom the same was and is due and for which they are hereby accomptable all sums of Money and Arrears in such manner and form as they might have recovered and levyed the same when they first grew due Provided this Act or any thing therein contained shall not extend to call any person to account or to question any person for Goods or other things remaining in his hands which shall not be called to account Proviso none to be questioned but upon some prosecution begun before the 24 of Iune 1662. or some Information against him either in the Exchequer or Commissioners to be appointed as aforesaid before the four and twentieth of June which shall be in the year of our Lord one thousand six hundred sixty two and that the said Information be prosecuted with effect within twelve moneths after the Exhibition thereof CAP. IV. An Act for a free and Voluntary present to his Majesty EXP. Proviso declaring no commissions of this nature but by authority of Parliament ANd be it hereby Declared That no Commissions or Aids of this nature can be issued out or levied but by Authority of Parliament And that this Act and supply hereby granted shall not
be drawn into example for the time to come 1 R. 3. ca. 2. CAPr V. For preventing Tumults and Disorders upon pretence of preparing or presenting publick Petitions or other Addresses to his Majesty or the Parliament Tumultuous and disorderly preparing petitions a great occasion of the late wars and calamities VVHereas it hath béen found by sad experience that Tumultuous and other Disorderly solliciting and procuring of Hands by private Persons to Petitions Complaints Remonstrances and Declarations and other Addresses to the King or to both or either Houses of Parliament for alteration of matters established by Law redress of pretended grievances in Church or State or other publick Concernments have béen made use of to serve the ends of Factious and Seditious persons gotten into power to the violation of the publick Peace and have béen a great means of the late unhappy Wars Confusions and Calamities in this Nation for preventing the like mischief for the future No person after the 1 Aug. 1661. shall sollicite or procure any petition c. for altering any established law in Church or state Be it Enacted by the Kings most Excellent Maiesty by and with the consent of the Lords and Commons Assembled in Parliament and by the Authority of the same That no person or persons whatsoever shall from and after the first of August One thousand six hundred sixty and one Sollicite Labour or procure the getting of Hands or other Consent of any persons above the number of twenty or more to any Petition Complaint Remonstrance Declaration or other Address to the King or both or either Houses of Parliament for alteration of matters established by Law in Church or State unless the matter thereof have béen first consented unto and Ordered by thrée or more Iustices of the County or by the Major part of the Grand Iury of the County or division of the County where the same matter shall arise at their publick Assizes or General Quarter Sessions or if arising in London by the Lord Mayor Aldermen and Commons in Common Councel assembled And that no person or persons whatsoever shall repair to his Majesty or both or either of the Houses of Parliament upon pretence of presenting or delivering any Petition Complaint Remonstrance or Declaration or other Addresses accompanied with excessive number of People nor at any one time with above the number of Ten persons upon pain of incurring a penalty not excéeding the sum of one hundred pounds in money and thrée moneths Imprisonment without Bail or Mainprize for every offence to be prosecuted at the Court of Kings Bench or at the Assizes or General Quarter Sessions within six moneths after the offence committed and proved by two or more credible witnesses Proviso Provided alwayes that this Act or any thing therein contained shall not be construed to extend to debar or hinder any person or persons not excéeding the number of Ten aforesaid to present any publick or private Grievance or Complaint to any Member or Members of Parliament after this Election and during the continuance of the Parliament or to the Kings Majesty for any Remedy to be thereupon had nor to extend to any Address whatsoever to his Majesty by all or any of the Members of both or either Houses of Parliament during the sitting of Parliament but that they may enjoy their fréedom of Access to his Majesty as heretofore hath béen used CAP. VI. The Militia declared to be in the King and for the present Ordering and Disposing the same The command of the Militia by Sea and land the undoubted right of his Majesty FOrasmuch as within all His Majesties Realms and Dominions the sole Supream Government Command and Disposition of the Militia and all Forces by Sea and Land and of all Forts and Places of strength is and by the Laws of England ever was the undoubted Right of His Majesty and his Royal Predecessors Kings and Quéens of England and that both or either of the Houses of Parliament cannot nor ought to pretend to the same nor can nor lawfully may raise or levy any War Offensive or Defensive against His Majesty his Heirs or lawful Successors and yet the contrary thereof hath of late years béen practised almost to the Ruine and Destruction of this Kingdom and during the late usurped Governments many evil and Rebellious Principles have béen distilled into the minds of the People of this Kingdom which unless prevented may break forth to the disturbance of the Peace and Quiet thereof And whereas an Act is under consideration for exercising the Militia An Act under consideration touching the Militia with most safety and case to the King and his People which Act cannot as yet be perfect Be it therefore Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords and Commons assembled in Parliament That the Militia and Land-Forces of this Kingdgom and of the Dominion of Wales and Town of Berwick upon Tweed now under the Power of Lieutenants or their Deputies shall be exercised ordered and managed until the Five and twentieth day of March next ensuing in such manner as the same now is actually exercised ordered and managed according to such Commissions and Instructions as they formerly have or from time to time shall receive from his Majesty And whereas since the Twenty fourth of June One thousand six hundred and sixty there have béen Insurrections by occasion whereof divers of his Majesties good Subjects have béen murthered and for the securing the Peace of the Nation and preventing further disorders divers persons suspected to be Fanaticks Sectaries or Disturbers of the Peace have béen Assaulted Arrested Detained or Imprisoned and divers Arms have béen seised and Houses searched for Arms or suspected persons Be it therefore further Enacted by the Authority aforesaid That all and every person and persons who have or shall have acted Persons who have Acted by commission of Lieutenancy or done any thing in execution of any Commission or Commissions of Lieutenancy issued by the Kings Majesty that now is or by colour of them or any of them touching or concerning the same or any of them or relating thereunto shall be and are hereby saved harmless and indempnified in this behalf And also all Magistrates Iustices of the Peace Officers and Ministers of Iustice and all persons that have or shall have acted by or under them or by their or any of their Commands since the said Twenty fourth day of June One thousand six hundred and sixty until the twentieth day of July One thousand six hundred sixty and one as to any assaulting arresting detaining or imprisoning any person suspected to be Fanatick Sectary or Disturber of the Peace or seising of Arms or searching of Houses for Arms or for suspected persons shall be and are hereby saved harmless and indempnified in that behalf Provided That neither this Act nor any thing therein contained Proviso shall after the Five
for six moneths and there to be put to hard labour or to the Common-Gaol for one whole year without Bail or Main-prize at the Discretion of the Iustices of the Peace before whom such Conviction shall be and not to be discharged from thence till he or they have given sufficient Sureties for their Good-behaviour for one whole year next ensuing after his or their inlargement Provided that where any Offender shall be punished by force of this Act that he shall not be prosecuted nor incur the penalty of any other Law or Statute for the same offence 19 H. 7. c. 11. 3 Jac. c. 13. 7 Jac. c. 13. CAP. XI The Confirmation of Three Acts therein mentioned BE it Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords and Commons in this present Parliament assembled and by the Authority of the same That the several Acts herein after mentioned made or mentioned to be made upon or since the Twenty fifth day of April in the Twelfth year of his said Majesties Reign by his said Majesty by and with the advice or consent of the Lords and Commons Assembled at Westminster upon the said 25th of April and there continued until the 29th day of December then next following and then dissolved which said Acts are herein after particularly mentioned and expressed by the several and respective Titles following St. 12 Car. 2. cap. 29 St. 12 Car. 2. cap. 33. St. 12 Car. 2. â—ap 14. That is to say One Act Entituled An Act for the raising of Seventy thousand pounds for the further Supply of his Majesty And one other Act entituled An Act for Confirmation of Marriages and one other Act entituled An Act for a perpetual Anniversary shanksgiving on the Twenty ninth day of May and all and every the Clauses Sentences and Articles in them and every of them contained shall be and hereby are Ratified and Confirmed and Enacted and Declared to have the full force and strength of Acts of Parliament according to the tenor and purport thereof and so shall be adjudged déemed and taken to all intents and purposes whatsoever and as if the same had béen made declared and Enacted by Authority of this present Parliament CAP. XII Explanation of a Clause contained in an Act of Parliament made in the Seventeenth Year of the late King Charles Entituled An Act for Repeal of a Branch of a Statute Primo Elizabethae concerning Commissioners for Causes Ecclesiastical VVHereas in an Act of Parliament made in the Seventeenth year of the late King Charles Entituled An Act for Repeal of a Branch of a Statute Primo Elizabethae concerning Commissioners for Causes Ecclesiastical St. 17 Car. 1. cap. 11. it is amongst other things Enacted That no Arch-bishop Bishop nor Vicar-General nor any Chancellor nor Commissary of any Arch-Bishop Bishop or Vicar-General nor any Ordinary whatsoever nor any other Spiritual or Ecclesiastical Iudg Officer or Minister of Iustice nor any other person or persons whatsoever exercising Spiritual or Ecclesiastical Power Authority or Iurisdiction by any Grant License or Commission of the Kings Majesty His Heirs or Successors or by any Power or Authority derived from the King His Heirs or Successors or otherwise shall from and after the first day of August which then should be in the year of our Lord God One thousand six hundred forty one Award Impose or Inflict any Pain Penalty Fine Amerciament Imprisonment or other Corporal punishment upon any of the Kings Subjects for any contempt misdemeanor crime offence matter or thing whatsoever belonging to Spiritual or Ecclesiastical Cognizance or Iurisdiction whereupon some doubt hath béen made that all ordinary power of Coertion and Procéedings in Causes Ecclesiastical were taken away whereby the ordinary course of Iustice in Causes Ecclesiastical hath béen obstructed Be it therefore declared and Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords and Commons in this present Parliament assembled The ordinary power of Archbishops c. not taken away and by the Authority thereof That neither the said Act nor any thing therein contained doth or shall take away any ordinary Power or Authority from any of the said Arch-Bishops Bishops or any other person or persons named as aforesaid but that they and every of them exercising Ecclesiastical Iurisdiction may procéed determine sentence execute and exercise all manner of Ecclesiastical Iurisdiction May use Ecclesiastical Iurisdiction and all Censures and Coertions appertaining and belonging to the same before the making of the Act before recited in all causes and matters belonging to Ecclesiastical Iurisdiction according to the Kings Majesties Ecclesiastical Laws used and practised in this Realm in as ample manner and form as they did and might lawfully have done before the making of the said Act. The Stat. 17. Car. 1. cap. 11. Rep. as to all except what concerns the High Commiss on Court Proviso And be it further Enacted by the Authority aforesaid That the afore recited Act of Decimo septimo Caroli and all the Matters and Clauses therein contained excepting what concerns the High Commission-Court or the new erection of some such like Court by Commission shall be and is hereby repealed to all intents and purposes whatsoever Any thing clause or sentence in the said Act contained to the contrary notwithstanding Provided alwayes and it is hereby Enacted That neither this Act nor any thing herein contained shall extend or be construed to revive or give force to the said Branch of the said Statute made in the said first year of the Reign of the said late Quéen Elizabeth mentioned in the said Act of Parliament made in the said seventéenth year of the Reign of the said King Charles but that the said Branch of the said Statute made in the said first year of the Reign of the said Quéen Elizabeth shall stand and be repealed in such sort as if this Act had never béen made Provided also and it is hereby further Enacted That it shall not be lawful for any Arch-Bishop Proviso touching the oath Ex Officio Bishop Vicar-General Chancellor Commissary or any other Spiritual or Ecclesiastical Iudg Officer or Minister or any other person having or exercising Spiritual or Ecclesiastical Iurisdiction to tender or administer unto any person whatsoever the Oath usually called the Oath Ex Officio or any other Oath whereby such person to whom the same is tendred or administred may be charged or compelled to confess or accuse or to purge him or her self of any criminal matter or thing whereby he or she may be lyable to any censure or punishment Any thing in this Statute or any other Law Custom or Vsage heretofore to the contrary hereof in any wise notwithstanding Proviso not to give any other Iurisdiction to any Archbishop c. than they had by law before the year 1639. The Kings Supremacy in Ecclesiastical matters Canons Ecclesiastical Provided
County of Southampton being parcel of the Mannor of Husband Priors which by order and decrée of the High-Court of Chancery of the one and twentieth of June One thousand six hundred sixty one she is to be forthwith restored unto and put into possession of and to quietly hold and enjoy the same during her Widowhood with the mean profits thereof taken by the said Mr Wallop But that it shall and may be lawful to and for the said Rachel Powre to hold and enjoy the same according to the said Decrée Proviso for Sir John Bourchier Provided alwayes and it is hereby further Enacted That it shall and may be lawfull to and for Barrington Bourchier Esquire Son and Heir of Sir John Bourchier herein before mentioned to hold and enjoy all and singular the Lands Tenements and Hereditaments to him lately granted and conveyed or mentioned to be granted and conveyed in and by certain Letters Patents under the Great Seal of England bearing date the Two and twentieth day of March in the thirtéenth year of His Majesties Reign against His Majesty His Heirs and Successors for ever according to the full intent and meaning of the said Letters Patents Any thing in this present Act contained to the contrary thereof in any wise notwithstanding Anno XIII Car. II. Regis ACTS made at the second meeting in this present Parliament begun at Westminster the 8th day of May Anno Dom. 1661. And there continued untill the 20th of December and from that day adjourned unto the seventh of January next ensuing as followeth CAP. I. An Act for the well Governing and Regulating of Corporations impowring the King to issue Commissions for the removing placing and restoring certain Officers and Members there FOr and within the several Cities Corporations and Burroughs and Cinque-Ports and their Members and other Port-Towns within the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed viz. All Mayors Aldermen Recorders Bailiffs Town-Clerks Common-Councel-men and other persons then bearing any Office or Offices of Magistracy or Places or Trusts or other Imployment relating to or concerning the Government of the said respective Cities Corporations and Burroughs and Cinque-ports and their Members and other Port-Towns and for tendring to all such the Oaths of Allegiance and Supremacy and this Oath following I A. B. do declare and believe That it is not lawful upon any pretence whatsoever to take Arms against the King and that I do abhor that Traiterous Position of taking Arms by His Authority against His Person or against those that are Commissioned by Him So help me God And also for subscribing this following Declaration I A. B. do declare That I hold that there lies no Obligation upon me or any other person from the Oath commonly called The Solemn League and Covenant and that the same was in it self an unlawful Oath and imposed upon the Subjects of this Realm against the known Laws and Liberties of the Kingdom EXP. 25. March 1663. as to the Power of the said Commission and Commissioners But None to be chosen any Officer in any Corporation that shall not have taken the Sacrament within a year next before Provided also and Enacted by the Authority aforesaid That from and after the expiration of the said Commissions no person or persons shall for ever hereafter be placed elected or chosen in or to any the Offices or Places aforesaid that shall not have within one year next before such Election or Choice taken the Sacrament of the Lords Supper according to the Rights of the Church of England and that every such person and persons so placed elected or chosen shall likewise take the aforesaid thrée Oaths and subscribe the said Declaration at the same time And shall take the said three Oaths and subscribe the said Declaration when the Oath for the due execution of the said Places and Offices respectively shall be administred And in default hereof every such placing election and choice is hereby Enacted and Declared to be void CAP. II. Vexations and Oppressions by Arrests and of Delayes in Suits of Law prevented WHereas by the Ancient and Fundamental Laws of this Realm The antient fundamental Law in proceeding to arrests upon Suits to express the true cause of Action in the Processe in case where any person is Sued Impleaded or Arrested by any Writ Bill or Process issuing out of any of His Majesties Courts of Records at Westminster in any Common Plea at the Suit of an◠Common person the true cause of Action ought to be set forth and particularly expressed in such Writ Bill or Process whereby the Defendant may have certain knowledge of the cause of the Suit and the Officer who shall execute such Writ Bill or Process may know how to take Security for the Appearance of the Defendant to the same and the sureties for such Appearances may rightly understand for what cause they become engaged And whereas there is a great Complaint of the People of this Realm that for divers years now last past very many of His Majesties good Subjects have béen arrested upon general Writs of Trespass quare clausum fregit Bills of Middlesex Latitat's and other like Writs issued out of the Courts of Kings Bench and Common-Pleas not expressing any particular or certain cause of Action and thereupon kept prisoners for a long time for want of Bail Bonds with Sureties for Appearances having béen demanded in so great sums that few or none have dared to be security for the Appearances of such persons so arrested and imprisoned although in truth there hath béen little or no cause of Action and often times there are no such persons who were named Plaintiffs but those Arrests have béen many times procured by malitious persons to vex and oppress the Defendants or to force from them unreasonable and unjust Compositions for obtaining their Liberty And by such evil practices many men have béen and are daily undone and destroyed in their Estates without possibility of having Reparation The Actors imployed in such practises having béen for the most part poor and lurking persons and their Actings so secret that it hath béen found very difficult to make true discoveries or proof thereof For remedy and prevention of which so great growing evils and mischiefs and also for discouraging all frivolous and uniust Suits and Causeless Arrests for the future Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled and by the Authority of the same That from and after the Twelfth day of February in the year of our Lord Persons arrested by Process out of the Kings Bench or Common Pleas not expressing the cause of Action how to be bailed and set to liberty upon their own Bonds for appearance One thousand six hundred sixty and one no person or persons who shall happen to be arrested by any Sheriff Vnder-sheriff
cap. 29. have béen held by sundry Leases thereof made for years and for one two and thrée lives by means whereof the Tenants have fixed Estates have béen encouraged to improve and manure the same and have improved the same and therein laid out great sums of Money in Building and otherwise to the great advantage of the Publick And whereas for Twenty years and more now last past no such Leases have béen legally made so that it is probable most of the Tenants Estates will be determined or near determination ere that there can be any Estates well and legally renewed unless remedy therefore be provided by means whereof Waste Spoil and Dilapidation are likely to happen the Lands worn out and decayed and great disturbance and impoverishment to the Tenants And whereas on the like consideration King Charles the First was by special Law enabled to make such Leases Be it Enacted by our Soveraign Lord the King by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by authority of the same That all Leases or Grants already made Leases by the King of Lands c. of the Dutchy of Cornwall made good or hereafter to be made within the space of thrée years now next ensuing by our said Soveraign Lord the King by Letters Patents Indentures or other Writings under His Great Seal of England or Seal of the Court of Exchequer or by Copy of Court-Roll according to the Customs of the respective Mannors of any Offices Parks Lands Tenements or Hereditaments other then Honors Lordships or Mannors parcel of the possessions of the said Dutchy of Cornwall or annexed to the same shall be good and effectual in Law according to the Purport and Contents of the said Leases Grants and Copies against our said Soveraign Lord the Kings Majesty his Heirs and Successors and against all and every person or persons that shall hereafter have inherit or enjoy the said Dukedome of Cornwal by force of any Act of Parliament or other limitation whatsoever Leases for above 31 years or three lives excepted Provided alwayes That every such Lease so to be made of any Parks Lands Tenements or Hereditaments in Possession shall be made but for thrée lives or fewer or for one and thirty years or under or some other term of years determinable upon one two or thrée lives and not above And if such Leases be made in Reversion That then the same together with the Estates in Possession do not excéed thrée lives or the term of one and thirty years and not in any wise dispunishable of Waste Not to be diâ—punishable of Waste The ancient rent to be reserved and so as upon every such Lease shall be reserved the ancient or most usual rent or more or such Rent as hath béen yielded or paid for the greater part of twenty years next before the making of the said Leases and shall be reserved due and payable by or to him or her that shall have the Inheritance or other Estate of the said Parks Lands Tenements or Hereditaments and where no such Rent hath béen reserved or payable That then upon every such Lease there shall be reserved a reasonable Rent not being under the fourth part of the clear yearly value of the Parks Lands Tenements or Hereditaments contained in such Lease Covenants conâ—â—sions in such leases grants or c. shall be good And be it further Ordained and Enacted by Authority of this present Parliament That all Covenants Conditions and Reservations and other Agréements contained in every Lease Grant or Copy heretofore made or hereafter so to be made as aforesaid shall be good and effectual in Law according to the words and contents of the same as well for and against them to whom the Reversion of the same Lands Tenements or Hereditaments shall come as for and against them to whom the Interest of the said Leases Grants or Copies shall come respectively as if our Soveraign Lord the Kings Maiesty at the time of the making of such Covenants Conditions and Reservations and other agréements were seised of an absolute Indefeasible Estate in Fée-simple in the same Lands Saving of others Rights Tenements or Hereditaments Saving alwayes to all and every person and persons Bodies Politick and Corporate their Heirs and Successors Executors Administrators and Assigns other then our said Soveraign Lord the Kings Maiesty and his Heirs and all and every person and persons that shall hereafter have inherit or enjoy the said Dukedom of Cornwall by force of any Act of Parliament or other limitation whatsoever all such Rights Titles Estates Customs Interests Terms Claims and demands whatsoever of what kind nature or quality whatsoever or in to or out of the said Offices Lands Tenements or Hereditaments or any of them as they or any of them had or ought to have had before the making of this Act to all intents and purposes and in as large and ample manner and form as if this Act had never béen had or made this Act or any thing therein contained to the contrary notwithstanding ACTS made in the Parliament begun and holden the 8th of May Anno 13 Caroli Secundi Regis And Continued to the 19th of May 14 Caroli Regis And thence Prorogued to the 18th of February then next following CAP. I. Certain Persons called Quakers and others refusing to take lawful Oaths VVHereas of late times certain persons under the names of Quakers and other names of Separation Quakers seperations denying to take an Oath have taken up and maintained sundry dangerous Opinions and Tenents and amongst others that the taking of an Oath in any case whatsoever although before a lawful Magistrate is altogether unlawful and contrary to the Word of God and the said persons do daily refuse to take an Oath though lawfully tendred whereby it often happens that the truth is wholly suppressed and the Administration of Iustice much obstructed And whereas the said Persons under a pretence of Religious Worship do often assemble themselves in great numbers in several parts of this Realm to the great endangering of the Publick Peace and Safety and to the terror of the People by maintaining a secret and strict correspondence amongst themselves and in the mean time separating and dividing themselves from the rest of his Majesties good and loyal Subjects and from the Publick Congregations and usual places of Divine Worship For the redressing therefore and better preventing the many Mischiefs and dangers that do and may arise by such dangerous Tenents and such unlawful Assemblies Be it Enacted by the Kings Most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and Commons Assembled in Parliament and by Authority of the same That if any person or persons who maintain that the taking of an Oath in any case whatsoever although before a lawfull Magistrate is altogether unlawful The penalty for refusing
the Defendant as aforesaid And whereas the Custom hath béen retained time out of mind and found expedient that there should be a cessation of weaving every year in the time of Harvest in regard the Spinners of Yarn which the said Weavers do use No weaving of Stuffs in time of Harvest are at that time chiefly imployed in Harvest-work Be it Enacted That no Weaver under the Regulation of the said Trade and Manufacture shall set any Loom on work for the weaving of any Stuffs under the said Regulation in the time of Harvest yearly from the Fiftéenth day of August in every year until the Fiftéenth day of September then next following upon pain of forfeiting to the Kings Majesty the sum of Forty Shillings for every Loom which shall be used in work within the said time And be it further Enacted by the Authority aforesaid Trut accompts to be made at the 4 assemblies of all fines and forfeitures That a true accompt shall be made at the four Assemblies to be held quarterly as aforesaid by the Wardens before the Mayor of the City of Norwich for the time being and one of the Iustices of the Peace of the said City and County of Norwich and two Iustices of the Peace of the County of Norfolk of all such Fines and Forfeitures as shall be received and had belonging to the said Trade and Manufacture and of the necessary Charges and Disbursements touching the same Trade and Manufacture and that the Over-plus which shall remain after the said necessary Charges and Disbursments are deducted shall be devided into two equal parts the one Moyety thereof to be disposed of by the Wardens and Assistants of the said City of Norwich or the greater part of them and the other Moyety thereof by the Wardens and Assistants of the said County of Norfolk or the greater part of them for the use of the Poor of the said Trade and Manufacture in such manner as the said Mayor and Iustices aforesaid respectively shall order and direct and no other any thing in this Act to the contrary thereof in any wise notwithstanding And that all Mayors Iustices Sheriffs Bayliffs Constables and all other Officers All Mayors bayliffs c. to be ayding and assisting shall be aiding and assisting to the said Wardens and Assistants or any of them as often as they shall be thereunto required and in all Actions and Suits that shall be brought against any person or persons for Acting in any thing according to the true intent and meaning of this Act the person or persons so sued or molested shall or may plead the general Issue of not guilty In Action the defendant may plead the general issue and give the special matter in Evidence and shall recover double Costs in every such case if the Verdict pass for such person or persons or that the Plaintiff or Plaintiffs be Nonsuit therein Provided alwayes That this Act nor any thing therein contained Double costs shall extend to compel the Weavers of the Towns of Great Yarmouth and Lyn in the said County of Norfolk to bring their Wares to Notwich to be Sealed or be prejudicial to the Weavers of the said Towns Proviso for the Weavers of Great Yarmouth and Lyn. or either of them to deprive them or either of them of such Liberties or Priviledges as are granted unto them by an Act of Parliament made in the Fourtéenth Year of King Henry the Eight or by any other Act of Parliament or Grant or Charter whatsoever This Act to begin and take effect from the Fiftéenth day of May One thousand six hundred sixty and two CAP. VI. For Enlarging and repairing of Common High-ways VVHereas the former Laws and Statutes for the Mending and Repairing of the Common and publick High-wayes of this Realm have not béen found so effectual as is desired by means whereof and the extraordinary Burthens carried upon Wagons and other Carriages divers of the said High-ways are become very dangerous and almost unpassable For remedy whereof Be it Enacted by the Kings most Excellent Majesty by Surveyors of the High-wayes to be chosen yearly the Munday or Tuesday in Easter week and with the advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same That the Church-wardens and Constables or Tything-men of every Parish Town Village or Hamlet for the time being within the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed shall upon Munday or Tuesday in the Easter wéek yearly whereof notice shall be publickly given the Sunday foregoing in the Church immediately after the end of Morning Prayer with the advice and consent of the major part of the Inhabitants which shall be then present choose Two or more sufficient and able persons residing and inhabiting within their Parish Town Village or Hamlet to be Surveyors of their High-ways for the year next ensuing and give notice thereof in writing to the persons chosen and for default of such choice so to be made as aforesaid The penalty the Church-wardens Constables or Tything-men and Inhabitants of every such Parish Town Village or Hamlet shall forfeit and lose the sum of Five pounds And be it Enacted by the Authority aforesaid That all and every Surveyor and Surveyors The duty of the Surveyors within twenty days next after notice given unto him or them of his and their Election as aforesaid or of the publication of this Act shall upon the penalty of Five pounds Veiw and Survey all the Common and Publick High-ways and Bridges within the Parish Town Village or Hamlet wherein he or they are respective Surveyor or Surveyors and all Water-courses Causeys and Pavements therein which are to be Repaired and Amended at a Publick Charge of the said Parish Town Village or Hamlet and shall consider what reparations shall be néedful to be made and what sum or sums of money will be requisite to be raised for the Amending Repairing and Enlarging of the same over and above what will be done by the other Laws made for the Amending of the said High-ways and thereupon shall together with two or more substantial Housholders of the said Parish Town Village or Hamlet called by the Surveyors to their Assistance within ten days after such Survey made lay one or more Assessment or Assessments How and upon whom to lay Assessment for mending or Enlarging the High-wayes upon every Inhabitant rated to the Poor and upon every Occupier of Lands Houses Tythes Impropriate or Appropriat Portions of Tythes Coal-mines and other Mines saleable Vnderwoods Stock Goods or other personal Estate not being Houshold-stuff within the said said Parish Town Village or Hamlet for the Repairing Amending and Enlarging of the said publick and common High-ways as they the said Surveyors and other the substantial Housholders or the Major part of them shall think fit méet and necessary which said Assessment
One hundred pounds and the Cocquet Certificate or Return shall be invalid and of none effect and if any Goods Wares or Merchandizes brought or coming into any Port Haven or Créek within the Kingdom of England Dominion of Wales or Port and Town of Berwick from any other Port Haven or Créek within the Kingdom of England or Dominions aforesaid by Port Cocquet Transire Let-pass or Certificate in Ships or Vessels shall be landed or put on shore before such Cocquet Transire Let-pass or Certificate shall be delivered to such Person or Persons which are or shall be appointed by his Majesty for manageing his Customs the Customer or Collector and Comptroller of the Port or Place of their Arrival or to their Deputy or Deputies and a Warrant or Sufferance made and given from such person or persons Customer or Collector and Comptroller or their Deputy and Deputies aforesaid for the landing and discharging thereof And be it further Enacted by the Authority aforesaid That if any Goods Wares Goods secretly conveyed beyond Sea uncustomed and undiscovered by the officers or Merchandizes for which the Duties of Subsidy or Custom are due and payable to the Kings Maiesty shall be secretly conveyed on Board any Ship or Vessel before the Custom and Subsidy thereof be duly answered and paid and shall escape the discovery thereof by the Officers of the Customs or others and be carried into the parts beyond the Seas in such case the Owners or Proprietors of such Goods Wares or Merchandizes or other person or persons who shall have so shipped or caused the same to be shipped and transported shall forfeit the double value of the Goods The penalty computed according to the Book of Rates Except for Coal which so secretly Exported as aforesaid shall pay double the Custom and Duty to be Collected and Levied in such manner as by the Act of Tunnage and Poundage is directed and appointed Be it further Enacted by the Authority aforesaid For preventing frauds in louring strangers goods That for preventing of frauds in colouring of strangers Goods and otherwise every Merchant or other passing any Goods Wares or Merchandizes Inwards or Outwards shall by himself or his known servant Factor or Agent subscribe one of his Bills of every Entry with the mark number and contents of every parcel of such Goods as are rated to pay by the piece or measure and weight of the whole parcel of such Goods as are rated to pay by the weight without which the Officers of the Customs shall not suffer any Entry to pass And that no children of aliens under the age of Twenty one years be permitted to be Traders or any Goods or Merchandizes to be entred in their names Be it also hereby Enacted That upon any Actions There shall be no party Iury in actions or suits concerning customs Suits and Informations that shall be brought commenced or entred upon any Law or Statute concerning the Kings Majesties Subsidies of Tunnage and Poundage or Ships or Goods to be forfeited by reason of unlawful Importation or Exportation there shall not be any Party Iury but such only as are the natural and frée-born Subjects of the King his Heirs or Successors And whereas allowances given to Merchants and others for defects and damages upon Goods Allowances for defects and damages in goods how to be made and Five per centum generally upon all Goods Imported and Twelve per centum upon Wines every Merchant or others having the aforesaid allowances inwards shall in person upon Oath by himself or by his known Servant or Factor demand and receive the moneys due upon Debenturs for such forreign Goods Exported by such Certificate with such abatements and allowances as were made and given to him upon the Importation and if he be found fraudulently to ship out less in quantity or value then is expressed in his Certificate the Goods therein mentioned or the value thereof shall be forfeited and the Owner or Merchant shall lose the benefit of receiving back any part of the Subsidy for those Goods and if any Goods shipped out by Certificate as aforesaid shall be landed again in the same or any other Port or Place within the Kingdom of England Dominion of Wales and Town and Port of Berwick unless in case of Distress to save the Goods from perishing which shall be presenly made known to the Person or Persons which are or shall be appointed by His Majesty to manage His Customs and Principal Officers of the Port no allowance shall be demanded or made for those Goods and the said Goods or value thereof shall be forfeited and lost Be it further Enacted by the Authority aforesaid That all Goods Goods brought from or carried into Scotland by land shall pass through Barwick or Carliâ—e Wares or Merchandize that shall be brought out of or carried into the Kingdom of Scotland by Land into or out of the Kingdom of England Dominion of Wales or Port and Town of Berwick shall pass and be carried by and through some of the Towns and Passages hereafter named that is to say by and through Berwick or Carlile and then and there pay the Custom and Subsidy granted and due to the Kings Majesty by an Act of this present Parliament Entituled 12 Car. 2. cap. 4. A Subsidy granted to the King of Tunnage and Poundage and other Sums of Money payable upon Merchandize Exported and Imported And if any Goods Wares or Merchandize prohibited or uncustomed coming out of Scotland into England or going out of England into Scotland shall pass by or beyond the Towns Ports and Places aforenamed without due entry and payment of the Customs That then all such Goods Wares and Merchandize or the value thereof shall be forfeited and lost And whereas in and by an Act of Parliament in the First year of Quéen Elizabeth 1 El. cap. 11. When and where Merchandize shall be landed and custom paid of famous memory directing when and where Merchandize shall be landed and Customs paid it is amongst divers other things Enacted and Ordained That no Goods Wares or Merchandize shall be shipped or loaden aboard any Ship or Vessel or landed or discharged out of or from any Ship or Vessel but in or upon some such open Place Key or Wharf Places Keys or Wharfs Except the Port of Hull as her Highness her Heirs and Successors should therefore assign or appoint by vertue of her Highness Commission or Commissions within the Port of London and in all Ports Creeks Havens or Roads as in and by the said Act doth and may at large appear And whereas notwithstanding the aforesaid Act there are some Ports Créeks and places where Customers Collectors and Comptrollers and Searchers their servants had then time out of mind béen resident to which no such Commissions were sent nor places keys nor wharfs appointed as by the said Act was directed And whereas also since that time by reason of the alteration of
or within twenty miles compass of them or either of them all such grants powers priviledges and authorities as by this present Act or in or by the said Letters Patents of Incorporation are given or granted or mentioned to be given or granted for or concerning the regulation exercise or government of the said Trade Art or Mystery or any matter or thing relating thereunto or of such person or persons as do or shall exercise the same Any thing in the said Letters Patents or any Act Statute or other matter or thing to the contrary thereof in any wise notwithstanding And whereas there is a necessity lying upon the Silk-throwers to deliver their Winders or Doublers considerable quantities of silk which being of a good value is by evil disposed persons many times unjustly deceitfully and falsly purloined imbezeled pawned sold and detained to the great damage and somtimes the utter undoing of the Thrower who employs the said persons Be it further Enacted by the Authority aforesaid That every such Silk-winder and doubler The punishment of silk-winders that imbezel goods delivered to them who shall at any time hereafter unjustly or deceitfully and falsly purloin imbezel pawn sell or detain any part of Silk delivered or to be delivered by any Silk-thrower or other person to them or any of them to wind or double that in every such case and cases as well the Winder or Iourneyman so offending as the Buyer and Buyers Receiver and Receivers of such Silk being thereof lawfully convicted by confession of the party or parties so offending or by one witness upon Oath before one or more of the Iustices of Peace of the County or Liberty where the same offence or offences shall be committed or if it be within any City or Town-Corporate before the Mayor Bailiff or chief Officer of the said City or Town-Corporate who by force of this Act are impowred and authorized to minister the same Oath and finally to hear and determine all and every the Offences aforesaid and to give and make to the party and parties grieved such recompence and Satisfaction for such their Dammage and Loss and Charges thereabouts as by the said Iustice or Iustices or Chief Officers shall be Ordered and Appointed Provided that no more damage be given or awarded then the party grieved shall prove he is damnified and hath expended in looking after the same And if the party or parties so offending shall not be able or sufficient to make recompence or satisfaction for the said Offence nor do make Recompence or Satisfaction for the same Offence or Offences within fourtéen dayes next after such conviction in such manner and form as by the Iustice or Iustices or Chief Officers shall be ordered and appointed as aforesaid then the party or parties so offending for the first Offence shall be apprehended and Whipped or set in the Stocks in the place where the Offence is committed or in some Market Town in the said County near unto the place where the Offence or Offences aforesaid shall be committed as shall be limited and appointed by the said Iustice or Iustices of the Peace or Chief Officers and for the second Offence to incur the like or such further punishment by whipping or being put in the stocks as the said Iustice or Iustices of the Peace or chief officers shall in their discretion think fit and convenient And be it likewise Enacted by the Authority aforesaid Persons receiving such imbezeled goods how to be punished That all and every Receiver and Receivers Buyer and Buyers of any silk or such as take to pawn any silk imbezeled or purloined contrary to the meaning of this Act matter of fact being proved shall make satisfaction within the time aforesaid or else shall be subject to like punishment as by this Act is inflicted or provided to be inflicted upon such person so imbezeling or purloyning any such Silk as aforesaid Provided always What persons may be imployed not having served as apprentices that it shall and may be lawful to and for any Fréeman of the said Company of Silk-throwers to set on work and imploy any person or persons being native Subjects to his Majesty and no others whether they be men women or children to turn the Mill tye threads double silk and wind silk as formerly they have used to do although such person or persons who shall be so set on work and imployed in the works and services aforesaid shall not have served or béen bred up as Apprentices to the trade of Silk-throwing by the space of seven years and that all and every the said person and persons who shall be set so on work and imployed by any Fréeman of the said Company in the works and services aforesaid shall and may be imployed by any Fréeman of the said Company in the works and services aforesaid or any of them without any let or molestation Any thing in this Act to the contrary notwithstanding Provided The said Corporation may not set rates upon their workmen and be it Enacted that the said Corporation of Silk-throwers shall not by vertue of this Act nor any thing therein contained make any Orders Ordinances or By-Laws to set any rates or prizes whatsoever upon the Throwing of Silk to bind or inforce their members to work at but that their respective members shall be left at liberty to contract with their respective Imployers and also with the persons that they imploy at such rates as they and their imployers and the persons imployed shall agree upon any thing in this Act to the contrary in any wise notwithstanding CAP. XVI For the more speedy and effectual bringing those persons to Account whose Accounts are excepted in the Act of Oblivion BE it Enacted by the Kings most excellent Majesty by and with the Advice and consent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by the Authority of the same That all and every person and persons who are accountable to the Kings Majesty and their Accounts are not pardoned but excepted by the late Act of Frée and General Pardon Indempnity and Oblivion 12 Car. 2. c. 11 The penalty against such persons as shall not within a certain time perfect their Accounts 33 H. 8. c. 39. and against whom there is any charge now remaining in his Majesties Exchequer and shall through their default not perfect his or their Account before the end of Trinity Term in the year of our Lord One thousand six hundred sixty and two That then the charge against all and every such person or persons shall be taken as a Debt by Writing Obligatory or Recognizance taken or acknowledged to the Kings Majesty according to the Statute of the thrée and thirtieth of King Henry the Eighth Chapter 39. And that all and every other person or persons whose Accounts are excepted in the said Act of Oblivion and have or shall have a Charge or Information against them in
his Majesties Exchequer before the four and twentieth of June one thousand six hundred sixty and two and have or shall have notice thereof by Process out of the Court of Exchequer or otherwise served upon his person or left at his house or last known place of Habitation before the nine and twentieth of September one thousand six hundred sixty and two and shall not before the first day of Easter Term then next ensuing perfect their Accounts touching the said Charge that then the Charge against all and every such person or persons shall be taken as a Debt by Writing Obligatory or Recognizance taken and acknowledged to the Kings Majesty according to the Statute aforesaid and that in both the said Cases Process shall be awarded as is used for recovery of debts due to his Majesty according to the Statute as aforesaid against him or them and against all and every their Sureties not pardoned or discharged by the said Act of Oblivion and his and their respective Lands Tenements Goods and Chattels and Debts and the said Charge to continue in force only until the Accounts shall be perfected and the Accountants discharge them thereof in due manner in the said Court of Exchequer with such allowances as are given by the said Act of Oblivion and untill payment made unto his Majesty of all such sums of money as shall be found due upon the determination of his or their Accounts CAP. XVII Relief of Collectors of Publick Moneys and their Assistants and Deputies BE it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in Parliament now assembled and by Authority of the same Collectors others imployed in levying money by vertue of any Act of Parliament being sued may plead the general issue That all Collectors and other Persons who have levied or Collected or shall Levy or Collect any sum or sums of money or other act done or shall do in order to the same by vertue of any Act of Parliament now in force or of any other Act Order or Ordinance allowed to be put in Execution by any such Act of Parliament as aforesaid and who is or shall be sued for or concerning the same by any other then the Kings Majesty his Heirs and Successors he and they may plead the General Issue and thereon give the special matter in evidence for his excuse and justification And that all and every person or persons already sued or impleaded for any the Causes aforesaid may notwithstanding any plea or demurrer already made by any such Defendant have liberty to change such his Plea and to plead the General Issue if he shall think fit so to do Provided always that neither this Act nor any thing therein contained shall extend or be construed to extend to authorize the levying or collecting of any sum or sums of money which are pardoned by the late Act 12 Car. 2. c. 11 Entituled An Act of Free and General Pardon Indempnity and Oblivion CAP. XVIII Exporting of Sheep Wool Wool-fells Mortlings Shorlings Yarn made of Wool Wool-flocks Fullers-Earth Fulling-Clay and Tobacco-pipe-Clay Prohibited WHereas against the Laws of this Kingdom great number of Shéep and great quantities of Wooll Wool-fels Mortlings Shorlings Yarn made of Wool Wool-flocks Fullers Earth or Fulling-Clay are secretly Exported Transported carried and conveyed out of the Kingdom of England Dominion of Wales the Town of Berwick upon Tweed and Kingdom of Ireland into the Kingdom of Scotland and into Foreign parts to the great decay of the Woollen Manufactures the ruine of many Families and the destruction of the Navigation and Commerce of the Kingdoms Town and Dominion aforesaid which is like daily to increase if some further remedy be not provided and further penalties imposed upon the Offenders therein Be it therefore Enacted by the Kings most Excellent Majesty by and with the Advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same That if any person or persons shall from and after the first day of August Exporting or carrying of sheep wooll woolfels mortlings shorlings yarn woolflocks Fullers earth Fulling clay out of England Wales or Ireland One thousand six hundred sixty and two directly or indirectly Export Transport Carry or Convey or shall cause to be Exported Transported Carryed or Conveyed out of or from the Kingdom of England Dominion of Wales or Town of Berwick upon Tweed or after the first day of January One thousand six hundred sixty and two out of the Kingdom of Ireland into any parts or places out of the Kingdoms or Dominion aforesaid or into the Kingdome of Scotland any Shéep or Wool whatsoever of the bréed or growth of the Kingdoms or Dominion aforesaid or any Wool-fells Mortlings Shorlings Yarn made of Wool Wool-flocks or any Fullers Earth or Fulling-Clay whatsoever or shall directly or indirectly pack or load or cause to be packed or loaden upon any horse Cart or other Carriage or shall load or lay on board or cause to be loaden or laid on board in any Ship or other Vessel in any place within the Kingdoms of England or Ireland Dominion of Wales or Town of Berwick upon Tweed aforesaid any such Shéep Wooll Wool-fels Mortlings Shorlings Yarn made of Wooll Wool-flocks Fullers Earth or Fulling Clay to the intent or purpose to Export Transport Carry or convey the same or to cause the same to be Exported Transported Carryed or conveyed out of the Kingdoms of England or Ireland the Dominion of Wales or Town of Berwick upon Tweed aforesaid into the Kingdom of Scotland or into any Foreign parts that then every such offence shall be adjudged Felony Made Felony and the Offender or Offenders being duly Convicted shall suffer and forfeit as in case of Felony Aiders and assisters therein shall be adjudged Felons And be it further Enacted by the Authority aforesaid That every Owner of any such Ship or other Vessel every owner of every horse Cart or Carriage upon which any Shéep Wooll Wool-fels Mortlings Shorlings Yarn made of Wool Woolflocks Fullers Earth or Fulling Clay shall be so Exported Transported carryed or conveyed as aforesaid or to any such intent or purpose as aforesaid knowing thereof and being wittingly and willingly aiding assisting or consenting thereunto and also every Master and Mariner of or in such Ship or other Vessel wherein any such Shéep Wooll Wool-fels Mortlings Shorlings Yarn made of Wooll Woolflocks Fullers Earth or Fulling Clay shall be so exported transported carryed or conveyed or loaden or laid on Board as aforesaid to any such intent or purpose as aforesaid knowing thereof and being wittingly and willingly aiding assisting or consenting thereunto and also every Factor or servant or other person whatsoever and every Customer Comptroller Waiter Searcher Surveyor or other Officer or person whatsoever knowing thereof and being wittingly or willingly
and by Authority thereof that from and after the Feast of St. Michael the Arch-angel which shall be in the year of our Lord One thousand six hundred sixty and two for and during the term of Five years next ensuing the date of this present Act it shall and may be lawful for the respective Iustices of Peace of the said respective Counties or the major part of them at any General Sessions of the Peace to be holden for the said Counties respectively on the behalf of the said Counties or either of them from time to time as they shall sée occasion to make an Order in open Court of Sessions for charging according to their several Proportions all and every the several Inhabitants of the said respective Counties for the safeguard and securing of the said severall Counties and Inhabitants thereof from all injury violence spoil and rapine of the Moss-Troopers aforesaid Provided That the said County of Northumberland be not by force of this Act at any time charged above the sum of Five hundred pounds in the year nor the said County of Cumberland charged above the sum of two hundred pounds in the year And for this end and purpose the said several Iustices of Peace of the respective Counties aforesaid are hereby impowred and authorized at any their General Quarter Sessions aforesaid to appoint and imploy from time to time if occasion require any person or persons to have the Conduct and Command of a certain number of men not excéeding the number of Thirty men in the County of Northumberland and Twelve in the County of Cumberland whereby the Malefactors aforesaid may be searched out discovered pursued apprehended and brought to tryal of the Law And all and every the said Iustices of Peace of the respective Counties aforesaid or the major part of them at any General Sessions of the Peace to be holden for the said Counties or either of them respectively are hereby further impowred and authorized by force of this present Act to make and issue forth their respective Warrants under their hands for the levying and collecting any sum or sums of money ordered to be paid for and towards the safeguard and securing of the said Counties respectively as aforesaid and to give full power to the several Constables and other Officers to raise levy and collect the said money and all and every the Inhabitants of the said several Counties according to their respective proportionable Estates in Lands or Goods by Distress and Sale of Goods rendering the overplus if there be any to the respective Owner or Owners And the said Iustices of Peace in the said several Counties or any one of them respectively are hereby also authorized to examine any Complaint made against the Collectors and Constables or any other Officers or Ministers of Iustice whatsoever or any of them or any other refractory person or persons whatsoever that at any time hereafter shall refuse neglect or fail to give obedience to this Act or shall do any act or acts in disturbance or obstruction thereof and to bind over such person or persons to the next Quarter Sessions according to the known Laws of the Land to the end such person or persons may be procéeded withall according to Iustice And the said respective Iustices of Peace as aforesaid are hereby further Impowred and Authorized on behalf of the said several Counties respectively to appoint a Treasurer to receive from the said Collectors the Moneys by them Collected and to pay over the same according to the Orders they shall receive from the said Iustices at the General Sessions of the Peace to be holden for the said respective Counties And the said Iustices are also Impowred to agrée and article with such person or persons yearly as they shall think fit to imploy in the said Service and to take sufficient Security of them for the faithful and most effectual performance thereof for the best safeguard advantage and benefit of the people according to the true intent and meaning of this Act. And in case any person or persons shall in pursuance of this Act be imployed in the Border-Service and shall at any time hereafter wilfully and corruptly or for any sinister respect whatsoever neglect or forbear to Discover or Apprehend or to bring to Tryal any of the said persons called Moss-Troopers as aforesaid and shall be convicted thereof according to Law he or they shall from thenceforth be disabled and made uncapable for ever after to manage or take upon him or them the said Imployment and to suffer such Fine and Imprisonment according to the quality of his or their offence as the Iustices of Peace at their General Sessions shall think fit to inflict Provided nevertheless and be it hereby Declared That it shall be lawful for the Iustices of Peace of either of the said Counties as aforesaid respectively at any time hereafter to moderate or lessen the said charge if they sée cause Provided that this Act shall continue and be in force for five years and no longer Provided always and be it further Enacted by Authority aforesaid That for better suppression and punishment of the said Moss-Troopers flying out of England into Scotland or out of Scotland into England 4 Jac. cap. 1. 7 Jac. cap. 1. the Statutes made in the several Sessions of Parliament in the Fourth and Seventh years of King James shall be revived and put in execution according to their true intent 18 Car. 2. cap. 3. Continued for Seven years from the expiration of this Act. CAP. XXIII An Additionall Act concerning matter of Assurance used amongst Merchants WHereas by an Act of Parliament made in the Thrée and fortieth year of the Reign of Quéen Elizabeth of happy memory 43 El. cap. 12. Entituled An Act concerning matters of Assurances used amongst Merchants Encouragement of Merchants and Trade The Parliament then taking into Consideration by all good means to comfort and encourage the Merchants of this Kingdome thereby to advance and increase the Wealth of this Realm her Majesties Customs and the strength of shipping and for preventing of divers mischiefs in the said Act mentioned It was Enacted That it should and might be lawful for the Lord Chancellor or Lord Kéeper of the Great Seal of England for the time being to award forth under the Great Seal of England one general or standing Commission to be renewed yearly at the least and otherwise so often as unto the Lord Chancellor or Lord Kéeper should séem méet for the hearing and determining of Causes arising on Policies of Assurance such as then were or then after should be entred within the Office of Assurance of the City of London which Commissions should be directed to the Iudge of the Admiralty for the time being the Recorder of London for the time being Two Doctors of the Civil Law Two Common Lawyers and eight grave or discréet Merchants or any five of them which Commissioners or the greater part of them which
should sit and méet should have full Power and Authority to Hear Examine Order and Decrée all and every such Cause and Causes in a brief and summary course without formalities of pleadings or procéedings with Power to warn Parties to come before them and to examine upon Oath any Witnesses that should be produced and to commit to Prison any Person that should wilfully disobey their final Orders and Decrées And the Commissioners to sit once wéekly upon the Execution of the said Commission with a liberty in the said Act for any person grieved by any such Sentence or Decrée to exhibite his Bill in Chancery for the re-examination of such Sentence or Decrée as by the said Act relation being thereunto had more at large may appear But forasmuch as by the said recited Act without five Commissioners there cannot be a Court and without there be a Court they cannot procéed in the execution of their Commission so much as to summon Parties or Witnesses to appear And in case of neglect or refusal of any Party or Witness to appear they have no power to punish the delay or contempt with Costs or otherwise And it is provided by the said Act That not any Commissioner other then the Iudge of the Admiralty or the Recorder of London shall procéed in the execution of such Commission before he hath taken his Oath before the Lord Maior and Court of Aldermen to procéed uprightly and indifferently betwéen party and party which upon the renewing of the said Commission often proves a great delay there being so many Commissioners to be Sworn and the Court of Aldermen not sitting at sometimes in the year when the said Commissions have happened to be renewed And although the said Commissioners upon their final Sentence have power to commit to Prison any person that shall wilfully disobey their said Sentences or Decrées yet they have no power to make any Order against the Ship or Goods which commonly are the things assured by which Omissions for want of Power given by the said Act the benefits intended by the said Act of Parliament are much retarded and the mischiefs by the Act endeavoured to be prevented much increased For remedy whereof Be it Enacted and Ordained And it is hereby Enacted and Ordained by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled That from and after the Four and twentieth day of June which shall be in the year of our Lord One thousand six hundred sixty and two it shall and may be lawful to and for the Lord Chancellor or Lord Kéeper of the Great Seal of England for the time being Three Commissioners impowred to act to issue out yearly or oftner if néed require one standing Commission under the Great Seal of England thereby impowring and authorizing the said Commissioners or any thrée of them whereof a Doctor of the Civil Law or a Barrister at Law of five years standing at the least to be always one to meet and sit and make a Court and procéed in all things in the execution of the said Commission as before by the said Act any Five might have done And that the said Commissioners or any such thrée of them as aforesaid be and hereby are impowred to Summon Parties and Witnesses to appear and in case of contempt or wilful delay in the Witnesses upon the first Summons and tender of reasonable Charges and in the Parties upon their second Summons Costs to punish the Offenders by Imprisonment or Costs for such time and in such manner as shall be reasonable and according to the nature and quality of their offences And that it shall and may be lawful to and for every such Commissioner to procéed in the execution of the said Commission Lord Mayor of London may administer the Oath having first taken an Oath before the Lord Mayor of the City of London for the time being only to procéed uprightly and indifferently betwéen party and party And the said Lord Mayor is hereby Authorized to give such Oath Any thing in the said Act to the contrary notwithstanding And that no person shall procéed in Execution of the said Commission before he be first Sworn before the Lord Mayor of London for the time being to procéed uprightly and indifferently betwéen party and party as formerly he should have béen before the Lord Mayor and Court of Aldermen Be it also Enacted by the Authority aforesaid That in case the said Commissioners Commissions out of the Admiralty Court to examine Witnesses beyond Sea or any such thrée of them as aforesaid shall find cause to examine Witnesses beyond the Seas or any remote parts of his Majesties Dominions for the clearing of any doubt or matter before them depending that in such case by direction of the said Commissioners or any such thrée of them like Commissions or Process shall issue out of the Court of Admiralty as have formerly béen for the purposes aforesaid returnable before the said Commissioners And that the said Commissioners or any such thrée of them shall have also power to give and pass their final Sentence Decrée and Executions as well against the body of the party evicted or his goods as also against the Executors and Administrators of such party so evicted And to Assesse Costs of Suit upon such person or persons as shall be condemned by the Decrée of the said Court as to them shall séem Iust And forasmuch as many Witnesses as Sea-men and others come and spéedily go again to Sea Witnesses going to see how to be examined before before a Court can be summoned by which means the Assured and Assurers are many times much damnified For the preventing of which mischief Be it also Enacted by the Authority aforesaid That it shall and may be lawful to and for any one of the said Commissioners to Administer an Oath to any Witness legally summoned to give testimony timely notice being thereof given to the Adverse party and set up in the Office before such examination to the end such Witness or Witnesses may be cross-examined Provided always That the said Commissioners shall in no case procéed both against person and goods for one and the same debt And provided also Appeal to the Chancery That any thing in this Act contained shall not in any wise extend to prejudice the appeal to the High Court of Chancery given or allowed in the said former Act of Parliament CAP. XXIV An Act Declaratory concerning Bankrupts WHereas divers Noblemen Gentlemen and persons of quality no ways bred up to Trade or Merchandize do oftentimes put in great stocks of money into the East-India Company or Guiney Company and the Fishing Trade and such other publike Societies and receive the procede of those Stocks sometimes in ready monies sometimes in Commodities which they usually sell for money or exchange again by which means the Trade of those Companies is
by the Authority aforesaid That every Chéese-monger or other person whatsoever which shall sell to any person or persons any Kilderkin or Kilderkins Firkin or Firkins Pot or Pots or other Cask of Butter made after the said First day of June Cheese-mongers and all sellers of butter by the Kilderkin or c. shall deliver the full quantity to the Retailer which shall be in the year of our Lord One thousand six hundred sixty and Two shall deliver in every such Kilderkin Firkin and other Cask and Pot respectively the full quantity and due quality appointed by this Act and not less or in default thereof shall be liable to make satisfaction to him or them that buy the same for what shall be wanting according to the price for which the same was sold And be it further Enacted by the Authority aforesaid That from and after the said First day of June None shall repack butter which shall be in the year of our Lord One thousand six hundred sixty and two no Chéese-monger or other person or persons whatsoever shall repack for sale any Butter in any Kilderkin Firkin The penalty or other Cask or Pot whatsoever upon pain and penalty that every Chéese-monger or other person whatsoever which shall repack any Butter into any Kilderkin or Kilderkins Firkin or Firkins Cask or Casks Pot or Pots to sell the same again shall for every Firkin Cask or Pot so packed forfeit the sum of Double the value of all such Butter And for the better discovery of all frauds and abuses which shall be committed against this Act Be it further Enacted by the Authority aforesaid That every Farmer and other person persons packing up Butter in Kilderkins Firkins or any other Cask whatsoever for sale do from after the said First day of June which shall be in the year of our Lord One thousand six hundred sixty two pack up his Butter into good sufficient Cask Farmers and other sellers shall set their marks of the weight upon good and sufficient Casks made of sound dry well-seasoned Timber and shall set upon every Firkin and Cask whatsoever when the same is throughly and fully seasoned in water a continuing visible mark of the just Weight of the empty Cask and do likewise set upon every Kilderkin Firkin and Cask when the same is filled with Butter the first Letter of his or their Christian name and his or their Sirname at length with an Iron brand upon pain and penalty that every Farmer or other person or persons whatsoever offending in not putting on the Mark of such Weight of Kilderkin And their names Firkin or other Cask after seasoning or not setting the first Letter of his or their Christian name and his or their Sirname at length on every Firkin and Cask as aforesaid shall for every such offence respectively forfeit the sum of Ten shillings for every Hundred weight of Butter and so proportionably for a greater or lesser quantity that shall be in every such Cask Potters shall set their weight of every pot burnt and their names And be it further Enacted by the Authority aforesaid That every Potter shall set upon every Pot which he shall sell for packing up of Butter the just weight which shall be of every such Pot when it is burnt together with the first Letter of his or their Christian name and his or their Sirname at length upon pain and penalty that every Potter which shall not so do shall forfeit pay for every Pot which he shal expose to sale for the use aforesaid whereupon he shall not have first set the just Weight and the first Letter of his Christian name and his Sirname at length as aforesaid the sum of One shilling and that no Farmer or other person whatsoever shall expose to sale any Butter packed up in any other Pot than such as shall be marked by the Potter as aforesaid upon penalty of Two shillings for every Pot of Butter which he shall expose to sale as is not so marked all and every of which said Offences are to be enquired of sued for heard and determined in the Sessions of Peace for the County City Borough Town or Liberty or in the Court of Record of the City Borough Town or Liberty wherein such offence shall be committed by Action of Debt Indictment Information or Presentment How to be disposed wherein no Essoign Protection or Wager of Law shall be allowed to the Defendant and the one half of all such Forfeitures shall be to the use of the poor people inhabiting within the Parish where such offence shall be from time to time committed to be paid to the Church-Wardens and Overséers of the poor of and in such Parish and the other half to him or them that will sue for the same Double Costs besides his double Costs thereby expended Provided That every Suit and Information which shall be brought upon this Act Within what made suit must be begun upon this Act. shall be commenced within four moneths after the sale of such Butter CAP. XXVII For Repairing of Dover-Harbour WHereas it is found by long experience that Dover-Harbour is and hath béen of very great use and benefit to the Merchants of this Realm and others passing through the Narrow Seas whereunto they have and do enter to avoid imminent danger of Tempests Pirats or the Common Enemy in time of War And whereas the said Harbour of late by Tempests and the violence of the Sea hath béen much broken ruined and decayed and in great danger of being lost unless timely prevented by repairing thereof which cannot be without great charges and expences as well in the present repair as in the future maintenance of the same whereof his Majesty being Informed and minding the good and safety of Merchants and Sea-faring men hath of late of his Majesties goodness and liberality bestowed a great sum of money in and about the repairing of the said Harbour which yet is not sufficient to carry on that work and to secure it for the future And to the end that the same may be from time to time maintained and kept in good repair for the use and benefit of Merchants and Sea-faring men And that such provision for the maintenance thereof may now be made 1 Jac. cap. 32. as by an Act of Parliament made in the First year of his Majesties Grand-father King James of ever blessed memory hath béen formerly done and provided for Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same That from and after the Four and twentieth day of June next ensuing during the space of seven years thence next following there shall be paid by the Master Duties payable at and towards the Repair of Dover-Harbour or Owner of every Ship
herein contained The eights and duties of Aulnage saved shall extend or be construed to extend to take away any of the Rights Duties or Customs of or belonging to the Office and Place of his Majesties Aulnager or his Deputy or Deputies within the said West-Riding But that he or they shall or may from time to time do and perform all and every matter and thing to him or them belonging according to the Laws and Statutes of this Realm And also receive all Fées due and accustomed to the said Office belonging in as large and ample manner as he or they might or ought to have done before the making of this present Act Any thing herein contained to the contrary thereof in any wise notwithstanding Provided always and it is further Enacted by the Authority aforesaid That neither the said Supervisers Masters Wardens and Assistants nor any of them Proviso that Rates of wages of workmen may not be set by colour of this Act. nor any other person or persons frée of the said Corporation of Broad Woollen Clothiers shall by any Authority derived from this Act or by colour thereof set or impose any other or lesser Rates or Wages upon any inferiour Workmen Servants or Labourers to be imployed by them or any of them in the said Manufacture then such as shall be from time to time allowed and approved of by the Iustices of the Peace in their Quarter-Sessions according to the Laws and Statutes touching Labourers in that case made and provided Provided also That this Act continue to the end of the First Session of the next Parliament The Continuance of this Act. and no longer CAP. XXXIII For preventing Abuses in Printing Seditious Treasonable and Unlicensed Books and Pamphlets and for Regulating of Printing and Printing-Presses WHereas the well-government and Regulating of Printers and Printing-Presses is matter of Publick care and of great Concernment especially considering Regulating of Printing of great Concirnment that by the general Licentiousness of the late Times many evil-disposed persons have béen encouraged to Print and Sell Heretical Schismatical Blasphemous Seditious and Treasonable Books Pamphlets and Papers and still do continue such their unlawful and exorbitant practice to the high dishonour of Almighty God the endangering the peace of these Kingdoms and raising a disaffection to His most Excellent Majesty and His Government For prevention whereof no surer means can be advised then by reducing and limiting the number of Printing-Presses and by ordering and setling the said Art or Mystery of Printing by Act of Parliament in manner as herein after is expressed The Kings most Excellent Majesty by and with the Consent and Advice of the Lords Spiritual and Temporal and Commons in this present Parliament assembled Pamphlets and Books prohibited to be printed published or sold doth therefore Ordain and Enact and be it Ordained and Enacted by the Authority aforesaid That no person or persons whatsover shall presume to Print or cause to be Printed either within this Realm of England or any other His Majesties Dominions or in the parts beyond the Seas any Heretical Seditious Schismatical or offensive Books or Pamphlets wherein any Doctrine or Opinion shall be asserted or maintained which is contrary to Christian Faith or the Doctrine or Discipline of the Church of England or which shall or may tend or be to the scandal of Religion or the Church or the Government or Governors of the Church State or Common-wealth or of any Corporation or particular person or persons whatsoever nor shall Import Publish Sell or dispose any such Book or Books or Pamphlets nor shall cause or procure any such to be Published or put to Sale or to be bound Stitched or Sewed together And be it further Ordained and Enacted by the Authority aforesaid That no private person or persons whatsoever shall at any time hereafter Print or cause to be Printed any Book or Pamphlet whatsoever unless the same Book and Pamphlet together with all and every the Titles Epistles Prefaces Proems Preambles Introductions Tables Dedications and other matters and things thereunto annexed Entry of printed Books with the Register of the Company of Stationers London be first Entred in the Book of the Register of the Company of Stationers of London Except Acts of Parliament Proclamations and such other Books and Papers as shall be appointed to be Printed by vertue of any Warrant under the Kings Majesties Sign Manual or under the hand of one or both of His Majesties Principal Secretaries of State and unless the same Book and Pamphlet and also all and every the said Titles Epistles Prefaces Proems Preambles Introductions Tables Dedications and other matters and things whatsoever thereunto annexed or therewith to be Imprinted shall be first lawfully Licensed and Authorized to be Printed by such person and persons only as shall be constituted and appointed to License the same according to the direction and true meaning of this present Act herein after expressed Who may Licence Books concerning the Common Laws to be-Printed and by no other that is to say That all Books concerning the Common Laws of this Realm shall be Printed by the special allowance of the Lord Chancellor or Lord Kéeper of the Great Seal of England for the time being the Lords Chief Iustices and Lord Chief Baron for the time being or one or more of them or by their or one or more of their appointments And that all Books of History concerning the State of this Realm or other Books concerning any Affairs of State Books of History and Affairs of State Concerning Heraldry shall be Licensed by the Principal Secretaries of State for the time being or one of them or by their or one of their appointments And that all Books to be Imprinted concerning Heraldry Titles of Honour and Armes or otherwise concerning the Office of Earl Marshal shall be Licensed by the Earl Marshal for the time being or by his appointment or in case there shall not then be an Earl Marshal shall be Licensed by the Thrée Kings of Armes Garter Clarencieux and Norroy or any two of them whereof Garter Principal King of Armes to be one Divinity Physick Philosophy or other Science And that all other Books to be Imprinted or Reprinted whether of Divinity Physick Philosophy or whatsoever other Science or Art shall be first Licensed and allowed by the Lord Archbishop of Canterbury and Lord Bishop of London for the time being or one of them or by their or one of their appointments or by either one of the Chancellors or Vice-Chancellors of either of the Vniversities of this Realm for the time being Provided always that the said Chancellors or Vice-Chancellors of either of the said Vniversities shall onely License such Books as are to be Imprinted or Reprinted within the limits of the said Vniversities respectively but not in London or elsewhere not medling either with Books of the Common Laws or matters of State or
Vnderwoods Poles or young Trées or Bark or Bast of any Trées or any Gates Stiles Posts Pales Rails or Hedge-wood Broom or Furze and wheresoever they find any such to apprehend and cause to be apprehended all and every person and persons suspected for the cutting and taking of the same and them and every of them as well those apprehended carrying or any ways conveying any kind of Wood Vnderwood Poles or young Trées or Bark or Bast of any Trées or any Eates Stiles Posts Pales Rails or Hedge-wood Broom or Furze as also those in whose Houses or other places belonging to them any such Wood Vnder-wood Poles or young Trées or Bark or Bast of any Trées or any Gates Stiles Posts Pales Rails or Hedgwood Broom or Furze shall be found to carry before one Iustice of the Peace of the same County City or Town-Corporate And if the said person and persons so suspected apprehended and carried before the said Iustices do not then and there give a good account how he and they came by such Wood or Vnderwood Poles or young Trées or Bark or Bast of any Trées or Gates Stiles Posts Pales Rails or Hedge-wood Broom or Furze by the consent of the Owner such as shall satisfie the said Iustice or else shall not within some convenient time to be set them by the said Iustice produce the party or parties of whom they bought the same wood Vnder-wood Poles or young Trées or Bark or Bast of Trées Gates Stiles Posts Pales Rails or Hedge-wood Broom or Furze or some other credible witnesse to depose upon Oath such sale of the said Wood Vnder-wood Poles or young Trées or Bark or Bast of Trées Gates Stiles Posts Pales Rails or Hedgwood Broom or Furze which Oath the said Iustice hath hereby power to administer That then the said person or persons so suspected and not giving such good account nor producing any such witnesse upon Oath to testifie the said Sale as aforesaid shall be déemed and adjudged as convicted of the said offence of cutting and spoiling of the same Woods Vnder-woods Poles or young Trées or Bark or Bast of Trées Gates Stiles Posts Pales Rails or Hedge-wood Broom 43 Eliz. cap. 7. or Furze within the meaning of the said Statute of Quéen Elizabeth and shall be liable to the punishment therein contained and to such other procéedings and punishments as by this present Act shall be further constituted and appointed on that behalf And be it therefore Enacted by the Authority aforesaid That all and every person or persons convicted of the said offence in manner and form before in this Act mentioned shall for the first offence give the Owner or Owners such recompence or satisfaction for his or their damages The punishment for the first offence and within such time as the said Iustice shall appoint and over and above pay down presently unto the Overséers for the use of the poor of the Parish where the said offence or offences were committed such sum of money not excéeding Ten shillings as the said Iustices shall think méet and if such offender or offenders do not make recompence or satisfaction to the said Owner or Owners and also pay the said sum to the Poor in manner and form aforesaid then the said Iustice shall commit the said offender or offenders to the House of Correction for such time as the said Iustice shall think fit not excéeding one moneth or to be whipped by the Constable The second offence or other Officer as in his Iudgment shall séem expedient And if such person or persons shall again commit the said offence and be thereof convicted as before that then they and every of them so offending the second time and thereof so convicted shall be sent to the House of Correction for one moneth and be there kept to hard labour And if such person or persons shall again commit the said offence and be thereof convicted as before That then they and every of them so offending the third time and thereof so convicted shall be taken adjudged and déemed as Incorrigible Rogues Buyers of stoln Wood how to be dealt withal Provided always And it is further Enacted by the Authority aforesaid That whosoever shall buy any Burthens of Wood or any Poles or Sticks of Wood or any other the Premisses particularly mentioned in this Bill which may be justly suspected to have béen stoln or unlawfully come by That it shall and may be lawful to and for the said Iustices of the Peace Mayors Bayliffs and Head-Officers or any one of them within their respective Iurisdictions upon complaint to them thereof made to examine the said matter upon Oath which they and every of them respectively are hereby authorized to administer And if they shall find that the same was bought of a person who might iustly be suspected to have stoln or unlawfully come by the same and that the same was stoln or unlawfully come by That in such case the said Iustices of Peace Mayors Bayliffs or other Head-Officers or any one of them respectively shall and may award the party who bought the same to pay treble the value of the same to the party from whom the same was stoln or unlawfully taken And in default of present payment thereof to issue forth their respective Warrants to levy the same by distress and sale of the offenders Goods rendring the overplus to the party And in default of such distress to commit the party to the Gaol at his own charge there to remain one moneth without Bail Provided always Within what time offenders must be questioned within this Act. That no person or persons shall be questioned for any offence upon this Law that hath béen punished for the same offence by any former Law nor shall be punished by this Law unless he be questioned within Six wéeks after the offence committed CAP. III. An Act to explain and supply a former Act for distribution of Threescore thousand pounds amongst the truly Loyal and Indigent Commission-Officers and for Assessing of Offices and distributing the moneys thereby raised for their further supply 14 Car. 2. cap. 8. EXP. CAP. IV. An Additional Act for the better Ordering the Forces in the several Counties of this Kingdom FOr the better Ordering of the Forces in the several Counties and places of England and the Dominion of Wales and Town of Berwick upon Tweed and for the supplying and explaining the late Act Entituled 14 Car. 2. cap. 3. An Act for Ordering the Forces in the several Counties of this Kingdom Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same Power of the Lieutenants and Deputy-Lieutenants to Train and Exercise That the several Lieutenants of the several Counties Cities and places nominated by his Majesty his Heirs and Successors respectively and in their absence out
Commissioner Farmer No Commissioner or other may act until he have taken the Oath in the Act of 12 Car. 2. cap. 23. Sub-Commissioner or other person imployed or to be imployed in the Farming Collecting or taking Accompts for the Duty of Excise do after the First day of September next take upon him or them any such Office or procéed in execution of any such Imployment until he or they have first taken the Oaths appointed to be taken by the Act of Parliament Entituled A Grant of certain Impositions on Beer Ale and other Liquors for the increase of His Majesties Revenue during His life before the respective persons appointed in the said Act of Parliament and have Entred his Certificate for taking the said Oaths with the Auditor for Excise under the penalty of Fifty pounds for every Moneth he or they shall so neglect to take the same CAP. XII An Explanatory Act for Recovery of the Arrears of Excise BE it Declared and Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and of the Commons in this present Parliament Assembled and by Authority of the same That where any Commissioner Sub-Commissioner Treasurer In what cases Sureties for Excise shall be answerable for the arrears 12 Car. 2. cap. 11. and all other Officers which were heretofore imployed in the Receipt of the Excise Farmer or Collector of Excise which are and standeth charged with or accomptable for any Duties of Excise by him or them received farmed or detained or any ways due from the persons before named or any of them and not pardoned by the late Act Entituled An Act of Free and General Pardon Indempnity and Oblivion That there and in such case all and every the Sureties of such person and persons charged or chargeable as aforesaid shall be deemed and taken to be liable and answerable according to the nature of their respective Securities Any doubt or question made touching the Construction of the said late Act of Frée and General Pardon to the contrary notwithstanding And be it further Declared and Enacted by the Authority aforesaid That where the Commissioners of Excise for the time being or the major part of them have Issued out any Summons or Warning which hath béen left at the house or usual place of residence or with the Wife Child or menial Servant of any the aforesaid person or persons Chargeable or Accomptable as aforesaid The same shall be déemed and adjudged a good and sufficient Summons and as legal and effectuall a notice as if the same had béen actually delivered to the proper hands of such person or persons to whom the same was directed Any doubt or question thereof made to the contrary notwithstanding CAP. XIII An Additional Act for the better Ordering and Collecting the Revenue arising by Hearth-Money VVHereas the Revenue Setled on His Majesty His Heirs and Successors by a late Act 14 Car. 2. cap. 10. Entituled An Act for Establishing an Additional Revenue upon His Majesty His Heirs and Successors for the better support of His and their Crown and Dignity hath béen much obstructed for want of true and just Accompts under the hands of the respective Occupiers of Houses Edifices Lodgings and Chambers as by the said Act is required and by the negligence of Constables and other Officers intrusted with the Taking and Reforming such Accompts Be it therefore Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same That the Iustices of the Peace of the respective Counties How the Iustices of the Peace shall cause accompts to be taken of the number of Hearths Corporations Places and Limits within their respective Iurisdictions at the next Sessions to be held after the Feast of Saint Michael the Archangel next ensuing or the major part of them then present shall issue out Warrants under their Hands and Seals to the respective High Constables or other like next Officer who shall issue the like Warrants unto the Petty Constables Head-boroughs and Tythingmen requiring them on the next Sunday after Morning-Service ended to give publick notice in the Church or Chappel generally to all the Inhabitants and also to give notice publickly in the Church and particularly as aforesaid to every Inhabitant within their respective Precincts that shall then be Occupier of any House Edifice Lodging or Chamber That within Ten days next after such notice he give a true and just account in writing under his hand of all Hearths and Stoves in such respective House Edifice Lodging and Chamber unto such respective Constable Head-borough and Tythingman who upon receipt of such Accompt shall with Two other substantial Inhabitants of the said respective Precinct whom they are hereby Authorized to Charge for that purpose in the day-time enter into the respective House Edifice Lodging and Chamber and upon his own view compare such Accompt and sée whether the same be truly made or not and endorse the same Accompt accordingly to what he finds upon his view which Accompt so received and endorsed shall be by him transmitted within twenty dayes after such Receipt to the respective High-Constable or other like Officer as aforesaid together with a Book or Roll fairly written wherein shall be Two Columes The one containing the Names of the persons and number of Hearths and Stoves in their respective Possessions that are chargeable by the said Act and the other the Names of the persons and number of Hearths and Stoves in their respective possessions which are not chargeable by the said Act Which being so received by such respective High Constable or other like Officer as aforesaid and compared together shall within six dayes after such Receipt be transmitted to the two next respective Iustices of the Peace who are hereby impowred to examine the said respective High-Constable or other like Officer as aforesaid Petty Constable Headborough or Tythingman upon Oath concerning the truth and faithfulness of their actings in the premisses which being done the said Iustices shall within ten days after such examination Sign and Transmit the said Book and Roll together with the said Original Accounts so endorsed as aforesaid and filed together unto the respective Clerk of the Peace who shall within Twenty days after receipt thereof Engross the said Book or Roll in Parchment to be still kept in the respective County and Places aforesaid and shall also within Two Months Engross in Parchment a true Duplicate of the said Book or Roll which being Signed by him and by two Iustices of the Peace at least of the respective County and Places aforesaid shall be transmitted within one Month after such Engrossement into His Majesties Court of Exchequer Penalty for omitting any Hearth Provided always and be it Enacted by the Authority aforesaid That if any Occupier of any House Edifice
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
Annuntiation of the blessed Virgin Mary by even and equal portions an exact and just Account of the numbers of all which Fire-Hearths and Stoves is thereby Enacted to be taken and returned into his Majesties Court of Exchequer And the Moneys and Revenues due and payable for the same to be collected levied and paid to his Majesty by such persons and Officers in manner and form as by the said Acts is prescribed Nevertheless by reason of some defects in the said Act and great negligence of the said Officers and other persons in not returning the exact numbers of the said Fire-Hearths and Stoves and not duly Collecting Levying and paying into his Masties Exchequer the full Revenue due for the numbers returned at the times appointed and by sundry fraudulent practises to elude the said Acts the said Revenue is much diminished and not duly answered For remedy thereof and for the better ascertaining and collecting the said Revenue for the future Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled and by Authority of the same That it shall and may be lawful to and for the Kings Majesty his Heirs and Successors from and after the Four and twentieth day of June One thousand six hundred sixty four from time to time by and with the Advice of the Lord High Treasurer Chancellour Vnder-Treasurer and Barons of the Court of Exchequer for the time being or any thrée of them whereof the Lord High Treasurer or Chancellor of the Exchequer to be one to constitute and appoint such person or persons as his Majesty his Heirs and Successors shall think méet to be the Officer or Officers for the receiving and collecting and answering the duty arising by the said Fire-Hearths and Stoves by vertue of the said several Acts and for viewing and numbring of the several Chimney-hearths and Stoves mentioned in the said Acts and for the inspecting and examining the several Rolls Certificates and Returns thereof made and to be made from time to time into his Majesties Court of Exchequer in pursuance of the said Acts or any other thing belonging to the same which Officers or any of them shall have full power to examine and supervise the Rolls and Numbers of Fire-hearths and Stoves already returned into the said Court of Exchequer And being accompanied with the Constable or the Tithing-man Treasurer Vnder-Treasurer or other publick or proper Officer of the place who are hereby required to attend and assist upon this occasion and in all Parishes and places where there are no Constables Tithingmen or other publick Officer as aforesaid there without any such Assistance to enter in the day time into any dwelling or other House Edifice Lodgings and Chambers aforesaid And to search and examine whether there be any more Fire-hearths and Stoves in the same then were formerly returned or certified and what Fire-hearths or Stoves are increased or decreased since the former Certificate After which search and examination the said Officer with a Constable or Tythingman or Officers as aforesaid shall have liberty to make the like search and examination once every year And if they shall find any variance in the number returned both the Officer or Officers appointed by his Majesty and the Constable or Tythingman or other Officer as aforesaid to certifie the same under his and their hands to the Clerk of the Peace which Certificate they are hereby enjoyned to make And after approbation thereof by the Iustices of the Peace at their Sessions the same to be certified to his Majesties Remembrancer in the Exchequer and the Officer or Officers so appointed by his Majesty unto the same shall from and after the said Four and twentieth day of June One thousand six hundred sixty four have power to collect and levy the Revenue and Duties so given to his Majesty as aforesaid and all arrears of the same And be it further Enacted That the said Duty shall from time to time be paid after the Feast days of Saint Michael the Arch-Angel and the Annuntiation of the Virgin Mary yearly unto such Officer as shall be appointed by vertue of this present Act to receive the same upon demand thereof made by such Officer or his Deputy at the House Chamber or place where the same Duty shall arise or grow due And that in case of refusal or default of such payment thereof by the space of one hour after such demand the said Officer or his Deputy may at any time with the assistance of a Constable Tythingman or other Officer as aforesaid in the day time levy the said Duty and all the Arrearages thereof by distress and sale of the goods of the party or parties so refusing or making default restoring to the party or parties the over-plus of the value of such goods over and above the Duty and Arrearages thereof then behind and over and above the necessary charges of taking such Distress which Charges shall in no case excéed the one moyety of the Duty and Arrearages thereof so levied Provided always and be it Enacted That no Owners Proprietors or Occupiers of the said Fire-hearths or Stoves shall be charged distrained or molested for the said Duty or any Arrearages thereof at any time after the space of two years next after the Duty hereafter shall become due to his Majesty his Heirs or Successors Nor for any arrearages of the said Duty already incurred after the space of two years from the Four and twentieth day of June One thousand six hundred sixty and four And in case of violent opposition or injury done by any person or persons to any such Officer or his Deputy in the due execution of this Act and the same proved by Oath before any one Iustice of the Peace or Chief Magistrate or Magistrates of the City Town or place dwelling near unto the place who are hereby authorized to administer the said Oath It shall and may be lawful to and for such Iustice of the Peaee Magistrate or Magistrates to punish such offender or offenders if he shall find cause by Imprisonment in the common Goal for any time not excéeding the space of one moneth And from and after the said Four and twentieth day of June One thousand six hundred sixty four all Officers formerly appointed to collect the said Duty shall be discharged from the future collecting and levying the same otherwise then as they are directed by this Act And the said Officer and Officers so appointed by his Majesty to collect this Duty shall pay the same into his Majesties Exchequer to the ends in the said former Acts mentioned Provided That no person or persons shall be employed as aforesaid unless he and they shall first give in sufficient Security to his Majesty his Heirs and Successors for the due collecting levying and paying in of the said Revenue or such part thereof as shall be committed to their respective
or for the same or any part thereof shall be utterly void and of none effect And that the person or persons so winning the said moneys or other things The Penalty shall forfeit and lose treble the value of all such sum and sums of money or other thing and things which he shall so win gain obtain or acquire above the said sum of One hundred pounds the one moyety thereof to our said Soveraign Lord the King his Heirs and Successors and the other moyety thereof to such person or persons as shall prosecute or sue for the same within one year next after the time of such offence committed And to be sued for by Action of Debt Bill Plaint or Information in any of his Majesties Courts of Record at Westminster wherein no Essoign Protection or Wager of Law shall be allowed And that every such Plaintiff or Plaintiffs Informer or Informers shall in every such suit and prosecution have and receive his treble Costs against the person and persons offending and forfeiting as aforesaid Any Law Custom or Vsage to the contrary notwithstanding CAP. VIII A former Act for Regulating the Press Continued BE it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled That an Act made in the Fourtéenth year of the Reign of Our Soveraign Lord the King that now is entituled An Act for preventing the frequent abuses in Printing Seditious Treasonable 14 Car. 2 cap. 3. and unlicensed Books and Pamphlets and for Regulating of Printing and Printing-Presses shall be continued and remain in force until the end of the next Session of Parliament 16 17 Car. 2. cap. 7. Anno XVI XVII Caroli II. Regis CAP. I. A Royal Aid unto the Kings Majesty of Twenty four hundred threescore and seventeen thousand and five hundred pounds to be Raised Levied and Paid in the space of Three years WE Your Majesties most Dutiful and Loyal Subjects the Commons Assembled in Parliament taking into consideration the great and apparent Dangers which now threaten this Kingdom and that for prevention thereof Your Majesty hath found Your Self obliged to Equip and Set out to Sea a Royal Navy for the preservation of Your Majesties ancient and undoubted Soveraignty and Dominion in the Seas and the Trade of Your Majesties Subjects And having duly weighed and considered the several ways and means by which Your Majesty hath béen enforced to make these Preparations at so vast an Expence And acknowledging with all humility and thankfulness Your Majesties abundant Care for our preservation and being déeply sensible of that extraordinary Charge and Expence with which Your Majesties present Engagement ought to be supported and of those inconveniences which must néeds befall the Nation if we should be wanting to our selves in this so weighty and important occasion Have chéerfully and unanimously given and granted and do hereby give and grant unto Your most Excellent Majesty the Sum of Twenty four hundred thréescore and seventéen thousand and five hundred pounds to be raised and levied in manner following And do humbly beséech Your Majesty That it may be Enacted And be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and of the Commons in this present Parliament Assembled and by Authority of the same That for the Righting of Your Majesty and Your Majesties Subjects against the Dutch the Sum of Twenty four hundred thréescore and seventéen thousand and five hundred pounds shall be raised levied and paid unto Your Majesty within the space of thrée years in manner following that is to say 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 shall be assessed taxed collected levied and paid by twelve quarterly payments in the several Counties Cities Burroughs Towns and places within England and Wales and the Town of Berwick upon Tweed according to the several rules and proportions and in such manner as is hereafter expressed That is to say For every Moneth of the said Thirty six Moneths For the County of Bedford the sum of Eight hundred ninety six pounds seventéen shillings and nine pence The County of Berks the sum of One thousand One hundred thirty two pounds six shillings and seven pence The County of Bucks the sum of One thousand thrée hundred and fiftéen pounds six shillings and five pence The County of Cambridge the sum of One thousand and twenty pounds The Isle of Ely the sum of Thrée hundred forty nine pounds seventéen shillings and eleven pence The County of Chester with the City and County of the City of Chester the sum of Eight hundred and one pounds five shillings and six pence The County of Cornwall the sum of One thousand five hundred and forty pounds eightéen shillings and thrée pence The County of Cumberland the sum of One hundred sixty eight pounds six shillings and a peny The County of Derby the sum of Eight hundred sixty two pounds eight shillings and four pence The County of Devon the sum of Thrée thousand two hundred twenty nine pounds ninetéen shillings and two pence The City and County of the City of Exon the sum of One hundred and sixtéen pounds seven shillings and four pence The County of Dorset the sum of One thousand thrée hundred forty four pounds ten shillings and five pence The Town and County of Pool the sum of Ten pounds ninetéen shillings and eight pence The County of Durham the sum of Thrée hundred twenty thrée pounds sixtéen shillings and nine pence The County of York with the City and County of the City of York and Town and County of Kingstone upon Hull the sum of One thousand four hundred sixty nine pounds five shillings and two pence The County of Essex the sum of Thrée thousand ninety eight pounds eight shillings and ten pence The County of Gloucester the sum of One thousand eight hundred and eight pounds ten shillings and thrée pence The City and County of the City of Gloucester the sum of Thirty nine pounds eight shillings The County of Hereford the sum of One thousand one hundred thirty one pounds thirtéen shillings and four pence The County of Hertford the sum of One thousand thrée hundred forty five pounds sixtéen shillings and thrée pence The County of Huntington the sum of Six hundred thirty thrée pounds fourtéen shillings and two pence The County of Kent with the City and County of the City of Canterbury the sum of Thrée thousand thrée hundred twenty six pounds eightéen shillings and eight pence The County of Lancaster the sum of One thousand and six pounds thirtéen shillings and six pence The County of Leicester the sum of One thousand eighty four pounds fourtéen shillings and thrée pence The
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
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
it shall and may be lawful to and for the Iustices of Assize for the said County of Hertford to make such Adjudication which being entred with the Clerk of the Assizes shall be estéemed a good Adjudication of the amendment of the said Highways And that then and from thenceforth the said Debt being fully satisfied to such as shall have advanced any moneys thereupon the said Toll shall cease and determine any thing in this Act to the contrary thereof in any wise notwithstanding And whereas in this present Act it is provided That all and every person and persons who by Law are chargeable towards the repairing of the said High-ways and places aforesaid shall still remain so chargeable and pay six pence in the pound yearly according to the true value of their Estates for and towards the repair of the said High-ways during the time of the continuance of the said Toll Be it therefore Provided and Enacted by the Authority aforesaid That the aforesaid sum of six pence in the pound shall be paid unto the Treasurer appointed to receive the aforesaid Toll How the said six pence in the pound shall be paid and â—evied in like manner as the said Toll is appointed to be paid by the aforesaid Act And for default of payment of the said Rate of six pence in the pound in manner as aforesaid by the space of six dayes after demand made That it shall and may be lawful for the Surveyors of the High-ways for the time being and they are hereby impowred to levy the same by Distress and Sale of the Goods of the party refusing to pay the same acccordingly restoring the Overplus if any be to the Owner CAP. XI For Draining of the Fenn called Deeping-Fenn and other Fenns therein mentioned WHereas at a Session of Sewers holden at Bourne in the County of Lincoln the twentieth day of August in the one and fortieth year of the Reign of Quéen Elizabeth for the recovery and Draining of certain Fenns in Holland and Kestiven in the County of Lincoln called or known by the names of Deeping-Fenn Pinchbeck and Spalding South-Fenn Thurlby-Fenn Deeping Pinchbeck Thurlby Bourn and Croyland fens Bourn-South-Fenn and Croyland-Fenn alias Goggushland It was by the Commissioners then and there assembled Ordered and Decréed That the sum of twelve thousand pounds should be levied and gathered upon the Lords and Inhabitants of certain Towns in Kestiven and Holland Commoners in the said Fenns for Draining the same and should be paid in to certain persons therein nominated to receive the same at or before the tenth day of September then next ensuing which said sum being neglected to be paid the said Fens by reason thereof could not be Drained acccording to the Form by the said Law intended The said Commissioners therefore well tendring the great profit that would arise to all persons concerned and to the Commonwealth in general if the same might be Drained at several Sessions of Sewers held at Market-Deeping the twentieth day of September in the said one and fortieth year of Quéen Elizabeth and at Market-Dâ—â—ping aforesaid the twentieth day of August in the two and fortieth year of the Reign of the said Quéen did Ordain and Decrée That the said Fens and Marsh-Grounds should be forthwith taken in hand to be Drained and that Thomas Lovell Esquire a man skilful in works of that nature should be admitted to undertake the same under the Covenants therein mentioned And in pursuance thereof the said Thomas Lovell did undertake the said Works and made some progress therein and afterwards one third part of the said several Fens were by the said Commissioners of Sewers set out by Metes and Bounds and allotted to the said Thomas Lovell in recompence of his costs charges and endeavours applied and expended therein And after A third part assigned and set out to Thomas Lovel the said third part was by the said Commissioners of Sewers decréed to the said Thomas Lovell and his heirs in recompense of his said work of Draining and of his charges and expences therein to have and to hold to the said Thomas Lovell his heirs and assigns for ever And whereas by an Act of Parliament made at Westminster in the first year of King James Intituled An Act for relief of Thomas Lovell Esquire the above recited Decrées of Sewers were Ratified and Confirmed And the said third part of the said Fens and Marsh-grounds as they were allotted and set out by the said Commissioners were by the said Act Ordained Enacted and Established to be held by the said Thomas Lovel his Heirs and Assigns for ever under the Provisoes Conditions and Appointments in the said Decrées and Act of Parliament mentioned and expressed as by the said Act of Parliament and Decrées of Sewers more fully may appear And whereas the said Thomas Lovel immediately after the making the said Act of Parliament entred into the said Lands set out and assigned as a third part of the said several Fens and by vertue of the said Decrées and Act of Parliament became seised thereof and he and his heirs and Assigns have ever since till of late years held and enjoyed the same untill by some neglect in the Assigns of the said Thomas Lovel and failer in the Maintaining Scowring and Cleansing the said Banks Rivers Sewers and other Works necessary thereunto occasioned by some differences arising betwéen the said Assigns of the said Thomas Lovel and the Lords Owners and Commoners of the said Fens about the enjoyment of some additional recompence allotted to the said Assigns of the said Thomas Lovel by a subsequent Law of Sewers made at Spalding not onely the said Fens and Marsh-grounds are returned into their antient condition of being hurtfully surrounded and annoyed with waters but a great and considerable part of some adjacent Towns of Holland have béen overflowed and laid desolate and many habitations and families who formerly lived comfortably there utterly ruined and destroyed thereby and yet continue in manifest danger in all seasons of wet weather and flouds to fall into the said calamities which great mischief is by long and indubitable experience found to arise principally from several imperfections in the said Decrées and Acts of Parliament To the end therefore that the said Countrey being in its own nature very rich and fertile and wherein the King and Quéens Majesty his Mother have large Possessions and many ancient Families and Inhabitants their whole subsistence may not longer remain in such manifest danger of being utterly lost nor the Commonwealth continue longer deprived of those advantages which would arise from the performance of the said Works Be it Enacted by the Kings most Excellent Maiesty by and with the consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same That the said Decrées and Act of Parliament above mentioned and every Clause Article and Thing therein contained A certain Act and decrees
present Act That it shall and may be lawful to and for Watermen Boatmen Bargemen and other helpers of them in convenient places to have and use Winches Ropes and other Engines and with the same by strength of Men Horses or other Beasts or any of them going upon the Land or Banks near the said River or passages in convenient manner without the hindrance trouble or impeachment of any person or persons to Draw or Hale up the Barges Boats Lighters or other Vessels Provided always That neither the said Vndertakers nor Commissioners do make or cause to be made any landing Place Wharf or Key within the City of New-Sarum New-Sarum or the bounds or liberties thereof or within one mile of the same from Harnam-Bridge down the stream towards Christ-Church without the consent of the Lord Bishop of Sarum the Mayor and Recorder of the said City for the time being and the thrée antientest Aldermen of the said City or thrée of them first had and obtained And be it further Enacted by the Authority aforesaid That the said Haven River Channels The River Havens c. to be under the Survey of the Vndertakers and Commissioners Trenches and all Wears Wharfs Sasâ—es Locks Turnpikes Penns for water and all other things whatsoever made and erected in order to making the said Haven and making Navigable the said River and Channel as aforesaid shall from henceforth be in the sole Rule Order and Survey of the said Vndertakers and Commissioners as aforesaid and not under the Survey or Order of any Commissioners of Sewers nor subject to a Commission of Sewers or any Laws or Statutes made for Sewers Any Law or Statute to the contrary hereof in any wise notwithstanding And be it further Enacted by the Authority aforesaid That if any Action Bill Persons sued for acting upon this Act may plead the general Issue Plaint or Suit be brought in any of His Majesties Courts at VVestminster or elsewhere against any person or persons for or concerning any matter or thing by him them or any of them done advised or commanded to be done by vertue of this Act That it shall and may be lawful for every such person and persons and for all that act in their aid and assistance or by their commandment to plead the General Issue that he or they are not Guilty And to give this Act or any clause matter or thing herein contained in Evidence to the Iury that shall try the same for their justification without special Pleading of the same and shall thereupon take advantage of this Act as fully to all intents and purposes as if the same had been by them fully and well pleaded Provided also and be it Enacted by the Authority aforesaid That Philip Earl of Pembroke and Montgomery shall and may have power authority and liberty if he shall see cause and find it to be necessary and convenient to the publick good to enlarge and make Navigable the River of VViley from Harnam-Bridge aforesaid so far as VVilton in the County of VVilts Wiley River and in order thereunto to put in execution the several Powers of this Act in relation to the said River of VViley in the same and as ample manner as the said River of Avon may be made Navigable by this Act and under the same Provisoes Restrictions and Limitations Anno XVII Caroli II Regis CAP. I. Twelve hundred and fifty thousand pounds granted to the Kings Majesty for his present further Supply VVE Your Majesties most Dutiful and Loyal Subjects the Commons Assembled in Parliament having observed the Ways and Means by which Your Majesty hath béen enforced to Engage Your self in a War against the States of the United Provinces for the necessary Defence of Your own Crown and Dignity and the Safety and welfare of Your People Do with all humble Thankfulness acknowledge Your Majesties Care and Conduct in this Great Affair which as it hath béen already attended with very considerable Success so we shall daily pray that all Your Majesties Enterprises may still be crowned with Honour and Victory And although the continuing Insolence of Your Majesties Enemies and the doubtful Amity of some of Your Majesties Neighbours have made it necessary to provide for further and greater Expences in a time when the general Contagion hath much interrupted our Trade and Commerce Yet that Your Majesty may sée that we your Majesties Loyal Subjects do more consider our Zeal and Duty to your Majesty then any difficulties under which we labour We have chearfully and unanimously given and granted and by these presents do give and grant unto Your most Excellent Majesty the sum of Twelve hundred and fifty thousand pounds to be Raised and Levied in manner following And we do most humbly beséech Your Majesty That it may be Enacted And be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and of the Commons in this present Parliament Assembled and by Authority of the same That the sum of Twelve hundred and fifty thousand pounds shall be Raised Levied 1250000 l. granted to his Majesty and paid unto your Majesty within the space of Two years in manner following That is to say Whereas in and by a certain Act of Parliament lately passed Entituled An Act for granting a Royal Aid unto the Kings Majesty of Twenty four hundred threescore and seventeen thousand and five hundred pounds 16 17 Car 2. cap. 1. to be Raised Levied and paid in the space of Three years It was amongst other things Enacted That the sum of Thréescore and eight thousand eight hundred and ninetéen pounds and nine shillings by the month for Thirty six months beginning from the Five and twentieth day of December 1664. should be Assessed Taxed Collected Levied and paid by Twelve Quarterly payments in the several Counties Cities Burroughs Towns and places within England and VVales and the Town of Berwick upon Tweed according to the several Rates and Proportions and in such manner as in the said Act is expressed One years payment whereof that is to say Four Quarterly Payments will be fully expired upon the Five and twentieth day of December in the year of our Lord 1665. And Two years payment more will be then to come and unexpired It is now further Enacted by the Authority aforesaid 52083 l. 6 s. 8 â— per mensem That the sum of Fifty two thousand fourscore and thrée pounds six shillings and eight pence by the moneth for Twenty four moneths beginning from the Five and twentieth day of December One thousand six hundred sixty five shall be Assessed Taxed Collected Levied and paid by Eight Quarterly payments in the several Counties Cities Burroughs Towns and places within England and VVales and the Town of Berwick upon Tweed over and above the sum of Thréescore and eight thousand eight hundred and ninetéen pounds and nine shillings by the moneth which is to
Continued BE it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled That an Act made in the Fourtéenth year of the Reign of Our Soveraign Lord the King that now is 14 Car. 2. cap. 23. Entituled An Act for preventing Abuses in Printing Seditious Treasonable and Unlicensed Books and Pamphlets and for Regulating of Printing and Printing Presses shall be continued with the Alterations and Additions made in and by this Act and shall remain in force until the end of the First Session of the next Parliament And be it further Enacted That from and after the Six and twentieth day of December One thousand six hundred sixty five Three printed Copies of every Book in London how to be disposed Every Printer within the City of London or in any other place except the Two Vniversities shall reserve Thrée Printed Copies of the best and largest Paper of every Book new Printed or reprinted by him with Additions and shall before any publick Vending of the said Book bring them to the Master of the Company of Stationers and deliver them to him One whereof shall by the said Master of the said Company of Stationers within Ten days after he hath so received the same be delivered to the Kéeper of His Majesties Library and the other two within the said ten days to be sent to the Vice-Chancellour of the two Vniversities respectively for the use of the publick Libraries of the said Vniversities Books printed in the Vniversities And it is further Enacted That the Printers in the said Vniversities and every of them respectively from and after the said Six and twentieth day of December shall deliver one such Printed Copy as aforesaid of every Book so new Printed or reprinted in the said Vniversities or in either of them to the Kéeper of His Majesties Library as aforesaid as also to the Vice-Chancellour of either of the said Vniversities for the time being two other such Printed Copies for the use of the publick Libraries of the said Vniversities respectively And if any of the printers aforesaid or the said Master of the Company of Stationers shall not observe the direction of this Act therein That then he and they so making default in not delivering the said printed Copies as aforesaid shall severally forfeit besides the value of the said printed Copies the sum of Five pounds for every Copy not so delivered as also the value of the said printed Copies not so delivered The same to be recovered by His Majesty His Heirs and Successors and by the Chancellour Masters and Scholars of either of the said Vniversities respectively by Action of Debt Bill Plaint or Information in any of His Majesties Courts of Record at Westminster wherein no Essoyn Protection or Wager of Law shall be allowed CAP. V. Thomas Dolman Joseph Bampfeild and Thomas Scot attainted of High Treason if they render not themselves by a Day IN all humble manner shew unto Your most Excellent Majesty Your Majesties most Dutiful and Loyal Subjects the Lords Spiritual and Temporal and Commons Assembled in Parliament That whereas it is notoriously known that Thomas Dolman Joseph Bampfeild alias Stepner and Thomas Scot Son of Thomas Scot lately Executed as a Most execrable Traitor one of the horrid bloudy murderers of His late Royal Majesty King Charles the First of ever blessed memory contrary to the duty of their Allegiance have most traiterously and wickedly adhered and still do adhere to Your Majesties Enemies beyond the Seas where they as yet remain and commit divers Treasonable acts without any sense of loyalty to Your Majesty or of natural affection to their native Country May it therefore please Your most Excellent Majesty That it may be Enacted And be it Enacted by the Kings most Excellent Majesty by and with the consent and advice of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled That if the said Thomas Dolman Joseph Bampfeild alias Stepner and Thomas Scot Thomas Dolman Joseph Bampfeild Thomas Scot. shall not return into the Realm of England and render themselves to some or one of His Majesties Iustices of the Peace for the County wherein he or they shall first arrive at or before the first day of February next ensuing and also abide their Legal Trial for such their Treasons Then every of them the said Thomas Dolman Joseph Bampfeild alias Stepner and Thomas Scot not rendering himself as aforesaid or not abiding his Trial aforesaid shall from and after the said First day of February stand and be adjudged attainted of High Treason to all intents and purposes whatsoever and shall suffer and forfeit as a person attaint of High Treason by the Laws of the Land ought to suffer and forfeit And be it further Enacted by the Authority aforesaid Persons beyond Sea by Proclamation are required to return into England That all and every person and persons who now are or hereafter shall be beyond the Seas and whom His Majesty by any of His Royal Proclamations to be issued under the Great Seal of England during the continuance of this War with the States of the United Provinces shall name and require to return into England and render themselves by a certain day therein to be mentioned to some or one of His Majesties Iustices of the Peace for the County wherein he or they shall first arrive and shall not return and render themselves accordingly and abide their legal Trial shall from and after the day to them to be prefixed by such Proclamation stand and be attainted of High Treason to all intents and purposes and shall suffer such pains and penalties and undergo all such forfeitures as persons attainted of High Treason ought to do The time by such Proclamation Three moneths at least Provided That the time to be prefixed by such Proclamation for the persons therein to be named to render themselves be not less then the time and term of Thrée Calendar moneths from and after the Date of such Proclamation And be it further Declared and Enacted by the Authority aforesaid Persons Serving the States of the Vnited Provinces during the War That all and every His Majesties Subjects who from and after the First day of February next ensuing shall at any time during the continuance of the said War serve the States of the United Provinces either by Land or Sea as a Souldier or Seaman on this side the Straights Or from and after the First day of May in the year of our Lord One thousand six hundred sixty and six within the Straights Or from and after the First day of August in the said year One thousand six hundred sixty six in Africa or America or any where beyond the Straights on this side the Equinoctial Or from and after the First day of February in the said year One thousand six hundred sixty six in
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
are for the use and service aforesaid to be kept in His Majesties Office of Receipt in the said Mint or Mints under the usual Keys of the Warden Master and Worker and Comptroller for the time being and issued out thence from time to time according to the manner and course of the said Mint or Mints respectively And it is hereby further Enacted That there shall not be issued out of the Exchequer of the said moneys in any one year for the Fées and Salaries of the Officers of the Mint or Mints and towards the providing maintaining and repairing of the Houses Offices and Buildings and other necessaries for Assaying Melting down and Coyning above the sum of Thrée thousand pounds Sterling money And the overplus of the said moneys so kept or to be kept as aforesaid shall be imployed for and towards the expence waste and charge of assaying melting down and Coynage and buying in of Gold and Silver to Coyn The continuance of this Act. and not otherwise And lastly Be it Enacted And it is hereby Enacted by the Authority aforesaid That this Act shall continue and be in force until the Twentieth day of December which shall be in the year of our Lord One thousand six hundred seventy one and until the end of the first Session of Parliament then next following Proviso and no longer Provided always and be it further Enacted That where His Majesty in and by his Letters Patents under his Great Seal dated at Westminster the Twentieth day of August in the Twelfth year of his Reign Dame Barbara Villiers did for divers good causes and considerations Him moving give and grant to Dame Barbara Villiers Widow the sum of Two pence by tale out of every pound weight Troy of Silver moneys which from thenceforth should be Coyned by vertue of any Warrant or Indenture made and to be made by His Majesty his Heirs and Successors To have hold receive perceive and take the same unto the said Dame Barbara Villiers her Executors Administrators and Assigns from the Ninth day of the then instant August wéekly as the said moneys should be Coyned for and during the term of One and twenty years as by the same doth appear That His Majesty may out of the moneys leviable by this Act appoint and cause reasonable satisfaction to be made yearly to the said Dame Barbara Villiers her Executors and Administrators for her Interest in the Premisses not excéeding the sum of Six hundred pounds in any one year Anno Regni CAROLI II. Regis Angliae Scotiae Franciae Hiberniae Decimo Nono AT the Parliament begun at Westminster the Eighth day of May Anno Dom. 1661. In the Thirteenth Year of the Reign of our most Gracious Soveraign Lord CHARLES by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. And there continued by several Prorogations to the 18th day of September 1666. And then continued to the 8th of February following And thence Prorogued to the 10th of October 1667. were Enacted as followeth CAP. I. An Act Explanatory of the Act for Raising Moneys by a Poll and otherwise towards the Maintenance of this present War 18 Car. 2. cap. 1. WHereas by an Act of this present Session of Parliament Intituled An Act for Raising Moneys by a Poll and otherwise towards the Maintenance of this present War It is Enacted That all and every person and persons shall pay unto His Majesty the sum of Twelve pence over and above the other Rates charged upon them by the said Act To prevent all doubts that may arise in the execution thereof Be it Enacted and Declared by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled and by the Authority of the same That the said sum of Twelve pence shall be charged upon and be paid by every person of what age sex or condition soever within the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed other then such persons who receive Alms from the Parish and the Children of any person remaining in his or her family who by reason of their poverty doth not contribute unto the Rates for Church and Poor and which are under the age of sixtéen years and are therefore exempted by the said Act. And be it further Enacted That the respective Parents Guardians and Tutors of every person under the age of One and twenty years shall upon default of payment by such person and upon demand pay Twelve pence for every such person residing in their family or under their Tuition and not exempted as aforesaid And be it Enacted That every person and persons charged or appointed to make any payment by vertue of this present Act shall be compellable by the Commissioners appointed by the before recited Act or any two or more of them to pay the same according unto the Rules and Methods and under the Penalties for paying the Rates expressed in the said recited Act. And be it further Enacted and Declared That every person or persons charged by the said recited Act for his or their Profession Office or in respect of any other capacity chargeable by this or the aforesaid Act who shall find him or themselves overcharged shall and may upon his or their Appeal before the Commissioners in the said Act mentioned or any two or more of them upon his or their several Oaths discharge him or themselves in such manner and form as persons over-rated for their personal Estates are by the said Act enabled And be it Enacted That all persons not being Housholders nor having a certain place of abode and all Servants shall be taxed at the places where they shall be resident at the time of the execution of the said Act and not otherwhere CAP. II. A Judicature erected for Determination of Differences touching Houses Burned or Demolished by reason of the late Fire which happened in London WHereas the greatest part of the Houses in the City of London and some in the Suburbs thereof have béen burnt by the dreadful and dismal Fire which happened in September last Many of the Tenants Vnder-tenants or late Occupiers whereof are liable unto Suits and Actions to compel them to repair and rebuild the same and to pay their Rents as if the same had not béen burned and are not relieveable therein in any ordinary course of Law and great Differences are like to arise concerning the said Repairs and new Building of the said Houses and payment of Rents which if they should not be determined with all spéed and without charge would much obstruct the rebuilding of the said City And for that it is just that every one concerned should bear a proportionable share of the loss according to their several Interests wherein in respect of the multitude of cases varying in their circumstances no certain general rule can be prescribed Be it
measures and prices of Coals and how the same shall be set 17 Car. 2. 2. Collectors 1 What Collectors be accomptants to the King 13 Car. 2. 3. 2 All persons imployed in Collecting or gathering publique moneys by vertue of any Act of Parliament being sued may plead the general Issue 14 Car. 2. 17. See Excise Conventicles 1 How Seditious Conventicles shall be suppressed and the several penalties for the same 16 Car. 2. 4. Corporation 1 Who onely may be chosen Officers in Corporations 13 Car. 2. 1. 2 Non-Conformists restrained from inhabiting Corporations 17 Car. 2. 2. 3 How Churches and Chappels in Corporations may be United 17 Car. 2. 2. Corn. 1 The Duty and Customs payable upon Corn and when Corn may be transported 3 Car. 1. 4. 2 The King by Proclamation may restrain transportation of Corn 3 Car. 1. 4. 3 How and when Corn may be Exported or Imported and what Custome to be paid for the same 15 Car. 2. 7. Cornwall See Leases Covent-Garden 1 The Precincts thereof made Parochial 12 Car. 2. 37. PR Coyâ—age of money 1 Encouragement for bringing Gold and Silver into the Mint to be Coyned 18 Car. 2. 5. Customs See Tunnage and Poundage Subsidies 1 The penalties upon such as shall convey away any Goods without entry and agreement for the Customes 12 Car. 2. 19. 2 Frauds and abuses in his Majesties Customes prevented 14 Car. 2. 11. 3 The penalty for beating or abusing Officers of the Customes Ibid. Damage Cleer 1 DAmage Cleer shall not be taken after the 29. Sept. which shall be in the year 1671. 17 Car. 2. 6. Death 1 The death of Plaintiff or Defendant after Verdict shall not be Error in nor stay of Judgment 17 Car. 2. 8. 2 See Burials Deer 1 The penalty for unlawful hunting or killing of Deer in any Forest Park or Chase 13 Car. 2. 10. Delays 1 Delays in Suits by not giving a Declaration before the end of the next Term after appearance 13 Car. 2. 2. Stat. 2. 2 Delays by reason of the Teste or return of the Writ remedied Ibidem 3 Delayes occasioned by staying Execution by Supersedeas in Writs of Error remedied ibid. 4 Delays by Arrest of Judgment for Jeofails and superseding Executions remedied 17 Car. 2. 8. Distresses 1 A more speedy and effectual proceeding upon Distresses and Avowries for Rents 19 Car. 2. 5. Dover Harbour 1 Certain sums of money granted for Repairing of Dâ—â—er Harbour 14 Car. 2. 27. Drapery See Cloath Manufacture Dutchy of Lancaster 1 The Chancellor of the Dutchy impowred to grant Commissions for taking Affidavits within the Dutchy Liberty 16 and 17 Car. 2. 9. 2 Of Cornwall see Leases See Lancaster Ecclesiastical matters persons and Jurisdictions 1 THe high Commission Court taken away and a branch of the Stat. of 1 Eliz. concerning the same repealed 17 Car. 1. 11. 2 No new Court with the like power may be Erected Ibid. 3 Certain Ministers confirmed and others restored 12 Car. 2. cap. 17. 4 Persons in holy orders inabled to exercise Temporal Jurisdiction 13 Car. 2. 2. 5 None may Sollicite or procure any petition c. for altering any Established law in Church or State 13 Car. 2. 5. 6 The ordinary power of Arch-Bishops and Bishops c. in matters Ecclesiastical 13 Car. 2. 12. 7 Uniformity of Common Prayer Administration of Sacraments and Consecrating and Ordaining Bishops Priests and Deacons Established 14 Car. 2. 4. Error 1 Abatement of Writs of Error in the Exchequer Chamber remedied 16 Car. 2. 2. 2 In what actions onely execution may be stayed by Writ of Error 13 Car. 2. 2. Stat. 2. See Delayes where Execution shall not be Superseded but upon Entring Bail 16 and 17 Car. 2. 8. Estates 1 How such as claim Estates for others Lives must prove the Lives in being 19 Car. 2. 6. Excise 1 Certain impositions upon Beer Ale and other Liquors granted to His Majesty for the Encrease of His Revenue for His Majesties life 12 Car. 2. cap. 13. 2 How the same shall be collected levyed and accompted for Ibid. 3 See wards and Wardships 4 All money owing upon Excise and new impost vested in the King 13 Car. 2 13. 5 The manner ordering and collecting the duty of Excise and prevention of abuses therein 15 Car. 2. 9. 6 In what cases Sureties shall be answerable for the duty of Excise 15 Car. 2. 12. 7 Additional powers given to Farmers for collecting the Excise 16 and 17 Car. 2. 4. 8 Farmers of the Excise have like power as Commissioners of the Excise Ibid. Executors See Administrators Extents and Executions 1 Delayes in Extending Statutes and in Executions of Judgements and Recognizances remedyed 16 and 17. Car. 2. 5. 2 See Delayes Fenns 1 The great Level of the Fens called Bedford Level how to be bounded and drayned and the several Officers interests and concernments there 15 Car. 2. 17. 2 The Drayning of the Fens called Deeping Fens and other Fens 16 and 17 Car. 2. 11. Fines 1 Fines recoveries c. Confirmed 12 Car. 2. 12. Fishing 1 How and what times Fishing for Pilchards and Fumathoes in Cornwall and Devon 14 Car. 2. 28. 2 See Cattel 3 Encouragement of Fisheries 15 Car. 2. 7. 4 Certain Duties to be paid upon Salted and dryed Fish 15 Car. 2. 7. 5 The Regulation of Herring and other Fisheries 15 Car. 2. 16. 6 The manner of Vessels for and packing of Fish Island Westmony Newfound Land Greenland c. ibid. Forrests 1 What shall be the metes and bounds of Forrests 17 Car. 1. 16. 2 No place where no Justice Seat Swainmote Court of attatchment c. hath been within 20 years shall be accompted Forrest Ibid. 3 Tenants and owners of Lands excluded shall enjoy their Common and profits as formerly Ibid. 4 The penalty for vnlawful hunting and killing of Deer 13 Car. 2 10. Fullers Earth See Wooll c. Gaming THe penalty for deceitful and disorderly Gaming 16 Car. 2. 7. Gardians 1 Parents may appoint Gardians to their Children by their last Will and Testament 12 Car. 2. 14. Gun-Powder 1 The mischief by prohibiting importation of Gun-powder 17 Car. 1. 21. 2 Any person may import Gun-powder or Salt-Peter from Foreign Parts or freely make Gun-powder in this Realm 17 Car. 1. 21. 3 Tâ—e penalty for putting in Execution any Letters Patents Proclamation c. for restraint of Importing Gun-powder Brimstone Salt-peter c. ibid. 4 The King by Proclamation may prohibit transporting of Gunpowder 12 Car. 2. 4. HAbeas Corpus See Privy Councill Hearth-money 1 Every Fire-Hearth and Stove charged with the yearly payment of 2 s. to the King for ever 14 Car. 2. 10. 2 The manner of charging levying and accompting for the same ibid. 3 Additional powers for better ordering and collecting the same 15 Car. 2. 13 4 Hearth-money to be collected by Officers appointed by the King 16 Car. 2. 3. High-Commission Court See Ecclesiastical Matters Persons and Jurisdictions High-wayes 1 How the High-ways Street-Paving
and Sewers about London and Westminster shall be repaired and kept and several Streets enlarged 13 Car. 2. 2. Stat. 3. 2 The repairing and enlarging High-ways throughout the Kingdom 14 Car. 2. 6. How the High-ways in the Counties of Hertford Cambridge and Huntington shall be repaired 15 Car. 2. 1. 16 17 Car. 2. 10. Hospitals See Leases Hunting See Forest and Deer JEoâ—ailes See Delays Indempnity See Pardon Ireland 1 Several Statutes for Reducing the Rebels in Ireland 17 Car. 1. 33. c. EXP. Judgment See Execution Delays Error Judicial proceedings 1 Which Process Judicial proceedings in the late times be made good and which not 12 Car. 2. 3. 12 Car. 2. 12. Jurors 1 Of what ability in Free-hold Lands Jurors for tryal of Issues shall be 16 17 Car. 2. 3. 2 No party-Jurors in tryals for Customs due upon Merchandize 14 Car. 2.11 3 Challenges of Jurors who are Lessees for lives ibid. 4 Issues lost by Jurors shall not be saved but by Order of the Judge 16 17 Car. 2. 3. See Lancaster King WHat Rates Inn-keepers shall take for provisions for the Kings Retinne in his Progress 13 Car. 2. 8. 2 See Carriages Knighthood 1 None shall be compelled to take the Order of Knighthood 17 Car. 1. 20. 2 The Kings Person and Government preserved against Treason and Seditious persons 13 Car. 2. 1. See Treason Lancaster 1 HOw Jury-men shall be summoned in the Dutchy of Lancaster 16 17 Car. 2. 3. See Dutchy Leases 1 What Leases to be made by the King of the Dutchy Lands in Cornwal shall be good and confirmed 1 Car. 1. 2. 2 Leases and Grants from Colledges and Hospitals confirmed 12 Car. 2. 31. 3 Leases made by the Master of the Rolls shall be good 12 Car. 2. 36. 4 Leases by the King of Lands and Tenements of the Dutchy of Cornwall confirmed and made good 13 Car. 2. 4. Stat. 2. See Estates Leather 1 The Exportation of Leather and Raw Hides out of England restrained 14 Car. 2. 7. 2 Exportation of Leather declared a Common Nusance ibid. 3 Leather used within London or 3. miles shall be searched and allowed by the Wardens of the Curriers ibid. Liberties 1 Petition and Declaration of divers Liberties of the People called the Petition of Right 3 Car. 1. London 1. Lights shall be hanged forth by the Inhabitants in the Streets in Winter 14 Car. 2. 2. 2. A judicature erected for hearing and determining all differences touching Houses burned and demolished in the Fire there 19 Car. 2. 2. 3. Rules setting forth the order and form to be observed in the Street and re-building of the City of London 19 Car. 2. 3. Madder 1 THe Statute for importing Madder pure and unmixed repealed 15 Car. 2. 16. Manufactures 1 Importing of Forreign Bonelace Cutwork imbroidery Fringe Bandstrings Buttons and Needle-work prohibited 14 Car. 2. 13. 2 The Silk-throwers London incorporated by Patent and the making of the manufacture regulated 14 Car. 2. 5. 3 The manufacture of making Linnen Cloth and Tapistry encouraged 15 Car. 2. 5. Marriages 1 The confirmation of divers Marriages and how issues upon such Marriages shall be joyned and tryed 12 Car. 2. 33. Marriners and Seamen See Ships and shipping Muket See Clerk of the Market Master of the Rolls See Leases Measures See Weights Merchants and Merchandize 1 Merchants strangers shall be well entreated 12 Car. 2. 4. 2 No Tax may be imposed upon Merchandize but by authority of Parliament ibid. 3. Aliens may not exercise the Trade of Merchants or Factors in Asia Africa or America 12 Car. 2. 8. 4 Encouragement of Merchants and Trade 14 Car. 2. 23. 5 Additional matters concerning pollicies of assurance amonst Merchants 14 Car. 2. 23. 6 Aliens Infants may not be Merchants 14 Car. 2. 11. See Ships and shipping Militia See Souldiers Minister 1 Certain Ministers confirmed and others restored to their Benefices 12 Car. 2. 17. Money 1 The penalty for melting currant Silver money 14 Car. 2. 31. 2 How Forreign Coyn and Bullion may be exported 15 Car. 2. 7. 3 Silver-plate or Gold brought to the Mint may be coyned gratis See Coynage Mos -Troopers See Scotland NAvy and Navigation See Ships and Shipping Norwich Stuffs 1. The making Stuffs in Norfolk and Norwish regulated 14 Car. 2. 5. Nusances 1 Nusances in High-ways to be removed 14 Car. 2. 6. 2 Transporting of Leather and Raw-hides declared a common Nusance 18 Car. 2. 1. 3 Importation of Cattel out of Ireland declared a common Nusance 14 Car. 2. 7. Oath THe Oath Ex officio taken away 17 Car. 1. 11. and 13 Car. 2. 12. 2 Certain penalties upon persons refusing to take a lawful oath 13 Car. 2. 1. stat 3. See Quakers See Dutchy Orders and Ordinances of Parliament See Parliament Pardon 1 THe Kings most gracious free and general Pardon indemnity and oblivion 12 Car. 2. 11. 2 All moneys and goods received in late usurpation not pardoned vested in the King 13 Car. 2. 3. 3 The pains and forfeitures upon divers offenders excepted in the act of general pardon 13 Car. 2. cap. 15. 4 The penalties upon Accomptants to the King not pardoned by the Act of Oblivion who shall not proceed and perfect their Accompts within a certain time 14 Car. 2. 16. Parliament 1 The Parliament begun 3 Nov. 16 Car. 1. declared to be dissolved and the penalty upon persons that shall hold or declare the contrary 12 Car. 2. 1. 2 Orders or ordinances of one or both houses of Parliament how not binding without the King 13 Car. 2. 1. 3 Priviledges of debates in Parliament for repeal or alteration of Laws or redress of publique greivances 13 Car. 2. 1. 4 Parliaments shall be held once in three years at the least 16 Car. 2. 1. 5 The Parliament of 12 Car. 2. confirmed 12 Car. 2. 1. Petition 1 The Petition of Right 3 Car. 1. 2 See Ecclesiastical c. Num. 5. 3 None may make unlawful Assemblies upon pretence of petitioning the King or Parliament to alter the Law c. 13 Car. 2. 5. Pilchard Fishing See Fishing Plague See Prisoners Poor 1 The occasion of the encrease of Poor and for their better relief 14 Car. 2. 12. 2 A Work-house at Exeter for relief of the poor there 19 Car. 2. 19. 3 Poor Officers and Souldiers relieved 14 Car. 2. 9. Poll-Money 1 Poll-money according to several Dignities and Degrees granted to His Majesty 18 Car. 2. 1. 19 Car. 2. 6. Pollices of Assurances See Merchants Ports See Dover Post-Office 1 A Post-Office erected for carriage and the several Prices of Letter from Inland and forreign places 12 Car. 2. 35. 2 The penalty upon Post-masters and Officers neglecting or not doing their Duties ibid. 3 The profits of the Post-Office setled upon his Royal Highness the Duke of York in tail 15 Car. 2. 14. Poundage See Tunnage Printing See Books Prize-Goods 1 Direction for prosecution of such as are accomptable for prize-goods 14 Car. 2. 14. 16
of Arundel Surrey and Norfolk to the Dignity and Title of Duke of Norfolk An Act to restore to Wentworth Earl of Roscomon of the Kingdom of Ireland all the Honors Castles Lordships Lands Tenements and Hereditaments in Ireland whereof James Earl of Roscomon his Great-Grand Father or James Earl of Roscomon his Father c. An Act for restoring of Sir George Hamilton unto his Lands and Estate in Ireland An Act for maintenance of the Vicar for the time being of the Vicaridge of Royston in the Counties of Hertford and Cambridge and of his Successors Vicars of the said Vicaridge An Act for enabling Sir William Wray to sell Lands for payment of his debts and raising of Portions for his younger Children An Act for naturalizing of Gerard Vanhenthusen Daniel Demetrius and others An Act for enabling of John Newton the younger and William Oakeley to make sale of Lands for payment of debts and raising of Portions c. An Act for the levying of certain moneys due upon the Collection for the Protestants of Piedmont An Act for the Naturalization of John Boreel Esq Eldest Son of Sir William Boreel Knight and Baronet An Act for the Naturalization of Abraham Watchtor born beyond the Seas An Act for restoring of Sir Thomas Grimes Baronet to his Estate An Act for enabling George Fawnt of Foston in the County of Leicester Esq to sell and conveigh part of his Lands for payment of several Debts Legacies charged upon his Estate by Sir William Fawnt Knight deceased and for the raising of Portions for his younger children and making his Wife a Joynture An Act for Naturalizing Francis Hide and others An Act to nable Joseph Micklethwaite an Infant and his Trustees to sell Lands for payment of his Fathers Debts An Act for raising portions and making provision for maintenance for the younger children of Sir Edward Gostwick An Act for confirming the Sale of the Mannor of Hitcham sold to Charles Doe by Sir John Clark Knight and Baronet and for setling and disposing other the Lands of the said Sir John Clerke and Dame Philadelphia his Wife An Act for the setling of some of the Mannors and Lands of the Earl of Cleaveland in Trustees to be sold for the satisfying of the Debts of the said Earl and of Thomas Lord Wentworth his Son An Act for the disappropriating of the Rectory appropriate of Preston and uniting and consolidating of the said Rectory and of the Vicaridge of the Church of Preston and for assuring of the Advowson and right of Patronage of the same unto the Master Fellows and Scholars of Emanuel Colledge in Cambridge and their Successors An Act for making the Precincts of Covent Garden Parochial Anno Decimo tertio Caroli Secundi Regis Angliae c. AN Act for Safety and Preservation of his Majesties Person and Government against Treasonable and Seditious Practices and Attempts Cap. 1. fol. 75. 2 An Act for Repeal of an Act of Parliament Entituled An Act for disenabling all persons in Holy Orders to receive any Temporal Jurisdiction or Authority Cap. 2. fol. 77. 3 An Act for the Declaring Vesting and Setling of all such Moneys Goods and other things in his Majesty which were Received Levied or Collected in these late times and are remaining in the hands or possession of any Treasurers Receivers Collectors or others not pardoned by the Act of Oblivion Cap. 3. fol. 77. 4 An Act for a Free and Voluntary Present to his Majesty Cap. 4. fol. 78. 5 An Act against Tumults and Disorders upon pretence of preparing or presenting Publike Petitions or other Addresses to his Majesty or the Parliament Cap. 5. fol. 78. 6 An Act Declaring the Sole Right of the Militia to be in the King and for the present Ordering and disposing the same Cap. 6. fol. 78. 7 An Act for Confirming Publike Acts Cap. 7. fol. 79. 8 An Act for Providing necessary Carriages for his Majesty in his Royal Progress and Removals Cap. 8. fol. 80. 9 An Act for the establishing Articles and Orders for the regulating and better Government of his Majesties Navies Ships of War and Forces by Sea Cap. 9. fol. 81. 10 An Act to prevent the Unlawful Coursing Hurting or Killing of Deer Cap. 10. fol. 85. 11 An Act for Confirming three Acts therein mentioned Cap. 11. fol. 85. 12 An Act for Explanation of a Clause contained in an Act of Parliament made in the 17th year of the late King Charles Entituled An Act for Repeal of a Branch of a Statute Primo Elizabethae concerning Commissioners for Causes Ecclesiastical Cap. 12. fol. 86. 13 An Act for Vesting the Arrears of the Excise and New Impost in his Majesty Cap. 13. fol. 87. 14 An Act for Confirming an Act Entituled An Act for Encouraging and Increasing of Shipping and Navigation and several other Acts both Publike and Private mentioned therein Cap. 14. fol. 87. 15 An Act Declaring the Pains Penalties and Forfeitures imposed upon the Estates and Persons of certain notorious Offenders Excepted out of the Act of Free and General Pardon Indempnity and Oblivion Cap. 15. fol. 88. Private Acts. An Act for ascertaining and Establishing the Fees of the Masters of the Chancery in Ordinary An Act for Confirming a Sale made by Sir Thomas Prestwich and others of the Mannor of Holm and certain Lands in the Parish of Manchester in the County of Lancaster unto Sir Edward Mosley Baronet An Act for Restoring of Thomas Radcliffe Esq to all his Lands and Possessions in England and Ireland An Act enabling John Harbin Esq to settle sell and dispose of several Mannors Messuages Lands Tenements and Hereditaments with the Appurtenances in the County of Somerset and Dorset therein mentioned for Payment of his Debts and to make provision for his younger Children An Act to enable the Sale of some of the Lands of Thomas Hunt Esq and John Hunt Gent. for the payment of their Debts An Act for setling the Mannors Knoll Seal and Kempsing in the County of Kent upon the Earl of Dorset and his Heirs and charging the Mannor of Bexhill and the Mannor or Farm of Cawding and other Lands in the County of Sussex with a Rent charge of One hundred and thirty pounds per annum in lieu thereof An Act for Confirmation of the Charter and Priviledges of the Master Wardens and Commonalty of Weavers Fullers and Clothiers in the City of Worcester An Act for Setling of several Lands late of Sir Edward Baesh Knight upon Sir Ralph Baesh Knight of the Bath Heir of the said Sir Edward and his Heirs An Act for Confirmation and Explanation of an Act for the Setling of some of the Mannors and Lands of the Earl of Cleaveland in Trustees to be sold for the satisfying of the Debts of the said Earl and Thomas Lord Wentworth his Son An Act for the Uniting the Parsonages of St. Andrews and St. Mary Witton in Droitwich in the County of Worcester An Act to enable John Lord Abergavenny Son and Heir of
Relief of such Persons as by Sickness or other Impediment were disabled from subscribing the Declaration in the Act of Uniformity and explanation of part of the said Act cap. 6. fol. 183. 7 An Act for the encouragement of Trade cap. 7. fol. 184. 8 An Act to prevent the Selling of live fat Cattel by Butchers Cap. 8. fol. 188. 9 An Act for granting Four intire Subsidies to His Majesty by the Temporalty Cap. 9. fol. 188. EXP. 10 An Act for Confirming of Four Subsidies granted by the Clergy Cap. 10. fol. 188. 11 An Additional Act for the better Ordering and Collecting the Duty of Excise and preventing the Abuses therein Cap. 11. fol. 188. 12 An Explanatory Act for Recovery of the Arrears of Excise Cap. 12. fol. 193. 13 An Additional Act for the better Ordering and Collecting the Revenue arising by Hearth-money Cap. 13. fol. 193. 14 An Act for Setling the Profits of the Post-Office and Power of granting Wine-Licenses on his Royal Highness the Duke of York and the Heirs Males of his Body Cap. 14. fol. 195. 15 An Act for Encouraging the Manufactures of Making Linnen Cloth and Tapistry Cap. 15. fol. 198. 16 An Act for Regulating the Herring and other Fisheries And for Repeal of the Act concerning Madder Cap. 16. fol. 199. 17 An Act for Setling the Draining of the Great Level of the Fenns called Bedford Level Cap. 17. fol. 200. Private Acts. AN Act to enable Edward Marquess of Worcester to receive the benefit and profit of a Water-commanding Engine by him invented one Tenth part whereof is appropriated for the benefit of the Kings Majesty His Heirs and Successors An Act for setling an Annuity of Three hundred pounds per Annum upon Charles Earl of Portland and for the benefit of Willoughby Whitelock Bulstrode Whitelock and Charleton Whitelock Infants and for confirming of agreements made to compose Suits in Law against them An Act for Setling the Charitable Gift of John Guest An Act to enable Sir John Packington and his Trustees to sell or otherwise dispose of certain Lands for the payment of his Debts and raising Portions for his younger children An Act to enable Edward Chaloner Esq to make provision for Anne his Wife and his younger children An Act for the Naturalizing of Charlottee Hessen Killegrew and others An Act to Impower Sir John Drake and others to make sale of Lands for payment of the Portion of Ellen Brisco Widow An Act to enable the Sale of the Lands of Richard Senior and Anthony Senior deceased for payment of some of their Debts An Act for the Setling of the Lands of the Earl of Kent and the Lord Lucas on the Marriage of the said Earl with the Daughter and Heir apparent of the Lord Lucas An Act for the Setling of a Free School in Witney in the County of Oxon being Erected and Endowed by Henry Box Citizen and Grocer of London deceased An Act to enable the Bishop of Winchester to Lease out the Tenements now built upon scite of his Mansion-House in the Parish of Saint Saviours in Southwark in the County of Surrey and the two Parks and other Demesns at Bishops Waltham and other Lands in the County of Southampton An Act for Repairing and better preserving the Key of the Port of Wells in the County of Norfolk An Act for the Governing of the Hospital of Saint Oswalds in the County of Worcester An Act to Enable Sir Francis Boynton Baronet and Richard Robinson Esquire to Sell certain Lands of John Robinson Esq for payment of Debts and Leasing of other Lands for making Provision for his younger Children An Act for making void certain Conveyances made by Caryll Lord Molleneux in the late times An Act to Confirm a Deed made by Charles Pitcarne Esquire An Act for the Naturalization of Dame Elizabeth Jacob and others An Act for the Naturalizing of George Willoughby and others An Act for Confirming an Act for Naturalizing of Peter de la Pierre alias Peters and John de la Pierre alias Peters Anno Decimo sexto Caroli Secundi Regis c. 1 AN Act for the Assembling and holding of Parliaments once in Three years at the least And for the Repeal of an Act Entituled An Act for the preventing of Inconveniences happening by the long Intermission of Parliaments Cap. 1. fol. 213. 2 An Act for preventing of Abatements of Writs of Errour upon Judgments in the Exchequer Cap. 2. fol. 213. 3 An Act for Collecting the Duty arising by Hearth Money by Officers to be appointed by His Majesty Cap. 3. fol. 214. 4 An Act to prevent and suppress Seditious Conventicles Cap. 4. fol. 216. 5 An Act to prevent the Disturbances of Sea-men and others And to preserve the Stores belonging to His Majesties Navy-Royal Cap. 5. fol. 220. 6 An Act to prevent the delivering up of Merchants Ships Cap. 6. fol. 221. 7 An Act against deceitful disorderly and excessive Gaming Cap. 7. fol. 222. 8 An Act for Continuance of a former Act for Regulating the Press Cap. 8. fol. 223. Private Acts. AN Act for Vacating certain Conveyances made by Sir John Packington Baronet to Christopher Henn and others An Act for the sale of the Mannor of Ingoldesby and divers Lands in Ingoldesby in the County of Lincoln for raising Portions for the two Daughters and Co-heirs of Sir William Armin the younger Baronet deceased An Act for the sale of certain Lands for payment of the Debts of Sir Sackvile Glemham An Act to enable Trustees for Sir William Kyte to sell Lands for the payment of Debts An Act for Confirmation of the Inclosure and Improvement of Malvirne Chace An Act for Setling the Charitable Gift of Abraham Colfe Clerk for Erecting and Endowing Two Free-Schools and an Almes-house at Lewisham in Kent An Act for Naturalizing Dame Katherine Sayer and others An Act to inable Francis Cottington or Charles Cottington to Settle and Dispose of Lands in Joynture for any Wife or Wives they shall take in Marriage An Act to inable Charles Cotton Esquire to make Leases of Lands for payment of Debts An Act for the making of the Church Erected at Falmouth a Parish-Church and no part of the Parish of Gluvias of Chapelry of St. Budock Anno 16 17 Caroli II. Regis Angliae c. 1 AN Act for granting a Royal Aid unto the Kings Majesty of Twenty four hundred threescore and seventeen thousand and five hundred pounds to be Raised Levied and Paid in the space of Three years cap. 1. fol. 224. 2 An Act for Regulating the Measures and Prices of Coals cap. 2. fol. 253. 3 An Act for the Returning of able and sufficient Jurors cap. 3. fol. 254. 4 An additional Act for the better Ordering and Collecting the Duty of EXCISE cap. 4. fol. 255. 5 An Act to prevent Delays in extending Statutes Judgments and Recognizances cap. 5. fol. 256. 6 An Act for Repealing of part of an Act of Parliament intituled An Act directing the prosecution of such as are accomptable
Sir Seymour Shirley Baronet An Act for Setling the Moyety of the Mannor of Iron Acton on Sir John Pointz An Act for Setling an Estate in Trust for the benefit of Mistress Elizabeth Pride and her Children An Act for the Ascertaining the Bounds of the several Rectories of Swaffham St. Ciriac and of Swaffham St. Maries within the Town of Swaffham Prior in the County of Cambridge and for the Uniting of the two Churches there An Act for the Restoring of Francis Scawen Gent. in Bloud An Act for Naturalizing Dame Mary Frazer and others An Act to Enable a Sale of Lands for payment of the Debts of Henry Kendall Esquire An Act for Setling part of the Lands of Henry Mildmay Esquire deceased for payment of his Debts and making Provision for his Children An Act to Enable Leicester Grosvenor and his Trustees to Sell certain Lands for payment of Debts Anno Reg. CAROLI Regis Angliae Scotiae Franciae Hiberniae Primo AT the Parliament begun at Westminster the Eighteenth day of June Anno Dom. 1625. in the first year of the Reign of our most gracious Soveraign Lord CHARLES by the grace of God of Great Britain France and Ireland King Defender of the Faith c. And there continued untill the Eleventh day of July following and then adjourned until the first day of August following unto Oxford To the high pleasure of Almighty God and to the Weal publick of this Realm were enacted as followeth CAP. I. There shall be no Assemblies for unlawful Pastimes upon the Lords Day FOrasmuch as there is nothing more acceptable to God than the true and sincere Service and Worship of him according to his holy Will and that the holy kéeping of the Lords Day is a principal part of the true Service of God which in very many places of this Realm hath béen and now is prophaned and neglected by a disorderly sort of people in exercising and frequenting Bear-baiting Bull-baiting Enterludes common Playes and other unlawful Exercises and pastimes upon the Lords Day And for that many quarrels blood-sheds and other great inconveniences have grown by the resort and concourse of people going out of their own Parishes to such disordered and unlawful exercises and pastimes neglecting Divine Service both in their own Parishes and elsewhere Be it enacted by the Kings most excellent Majesty the Lords Spiritual and â—emporal and the Commons in this present Parliament assembled and by the authority of the same Vnlawful Writings and Pastimes on the Lords Day forbidden That from and after forty dayes next after the end of this Session of Parliament there shall be no méetings assemblies or concourse of people out of their own Parishes on the Lords Day within this Realm of England or any the Dominions thereof for any sports and pastimes whatsoever nor any Bear-baiting Bull-baiting Enterludes common Plays or other unlawful exercises and pastimes used by any person or persons within their own Parishes Every person using any unlawfull pastimes on the Lords Day shall forfeit 3 s. 4 d. to the poor of the Parish and that every person or persons offending in any the premisses shall forfeit for every offence thrée shillings four pence The same to be employed and converted to the use of the poor of the Parish where such offence shall be committed And that if any one Iustice of the Peace of the County or the chief Officer or Officers of any City Borough or Town corporate where such offence shall be committed upon his or their view or confession of the party or proof of any one or more witness by oath which the said Iustice or chief Officer or Officers shall by vertue of this Act have authority to minister shall find any person offending in the premisses the said Iustice or chief Officer or Officers shall give Warrant under his or their hand and seal to the Constables or Church-wardens of the Parish or Parishes where such offence shall be committed After conviction by Warrant from a Iustice c. the Constables c. may levy the Pâ—naâ—â—s c. General â—ssâ—â— Limitation of this actâ—on The Ecclesiastical â—â—â—â—â—diction 〈◊〉 abridgeâ— to levy the said penalty so to be assessed by way of distress and sale of the goods of every such offendor rendring to the said offendors the overplus of the money raised of the said goods so to be sold And in default of such distress that the party offending be set publickly in the stocks by the space of thrée hours And that if any man be sued or impeached for execution of this Law he shall and may plead the general Issue and give the said matter of Iustification in evidence Provided That no man be impeached by this Act except he be called in question within one moneth next after the said offence committed Provided also That the Ecclesiastical Iurisdiction within this Realm or any the Dominions thereof by vertue of this Act or any thing therein contained shall not be abridged but that the Ecclesiastical Court may punish the said offences as if this Act had not béen made This Act to continue until the end of the first Session of the next Parliament and no longer 3 Car. 4. continued until the end of the first Session of the next Parliament Stat. 3 Car. 1. 17 Car. cap. 4. continued until other Order by Parliament CAP. II. All Leases to be made within three years by the Kings Majesty of the Dutchy-Lands of Cornwall confirmed WHereas the King our Soveraign Lord being in the life-time of his Royal Father of blessed memory seized of the said Dukedom of Cornwall did bargain and contract for Leases and Estates to be made of divers Messuages Lands Tenements and Hereditaments parcel of the said Dukedom of Cornwall which Leases and Estates his Majesty was enabled to have made in his Fathers life-time by an Act of Parliament made in the last Session of Parliament intituled An Act to enable the most excellent Prince Charles to make Leases of Lands 21 Jac. 29. parcell of his Highness Dutchy of Cornwall or annexed to the same And because his Majestie having received divers Fines and summes of Money according to the said Contracts and having entred into Treaty with divers others for like Estates the finishing of which Contracts and making the said Leases was prevented by his Majesties access to the Imperial Crown of this Realm is graciously pleased for the good of his poor Tenants of the said Dutchy Lands to procéed to the full accomplishment of the Contracts and Leases of the premisses All Leases to be made within three years by the King of the Dutchy Lands of Cornwall if all be good Be it therefore Enacted by our said Soveraign Lord the King the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of this present Parliament That all Leases to be made within the space of thrée years next ensuing by our said Soveraign Lord the King by Letters
all Statutes and Acts of Parliament Acts that are to have continuance shall remain in foâ—ce which are to have continuance unto the end of this present Session shall be of full force after the said Adjournment until this present Session be fully ended and determined And if this Session shall determine by dissolution of this present Parliament then all the Acts aforesaid shall be continued until the end of the first Session of the next Parliament And all Statutes and Acts of Parliament When the Acts which are now to pass shall take effect which before the said Adjournment shall pass by his Majesties royal Assent shall be put in execution immediately after forty dayes after the said Adjournment notwithstanding that by the words or letter of the said Acts or any of them they be limited to take effect or be put in execution from or at any time after the end of this present Session Anno Reg. Caroli Regis Angliae Scotiae Franciae Hiberniae Tertio AT the Parliament began at Westminster the Seventeenth day of March Anno Dom. 1627. in the Third year of the Reign of our most gracious Soveraign Lord CHARLES by the grace of God of England Scotland France and Ireland King Defender of the Faith c. And there continued until the Twenty sixth day of June following and then prorogued unto the twentieth day of October next ensuing To the high pleasure of Almighty God and to the weal publick of this Realm were enacted as followeth A Declaration of divers Rights and Liberties of the People to the Kings most Excellent Majesty HVmbly shew unto our Soveraign Lord the King the Lords Spiritual and Temporal The Petition of Right and Commons in Parliament assembled That whereas it is declared and Enacted by a Statute made in the time of the Reign of King Edward the First 34 Ed. 1. commonly called Statutum de Tallagio non concedendo That no Tallage or Aid shall be laid or levied by the King or his Heirs in this Realm without the good will and assent of the Archbishops Bishops Earls Barons Knights Burgesses and other the Fréemen of the Commonalty of this Realm And by Authority of Parliament holden in the five and twentieth year of the reign of King Edward the third 25 Ed. 3. Rot. Parl. it is declared and Enacted That from thenceforth no person should be compelled to make any Loans to the King against his will because such Loans were against reason and the Franchise of the Land 1 Ed. 3. 6. 11 R. 2. 9. 1 R. 3. 2. And by other Laws of this Realm it is provided That none should be charged by any Charge or Imposition called a Benevolence nor by such like charge By which the Statutes before mentioned and other the good Laws and Statutes of this Realm your Subjects have inherited this Fréedom That they should not be compelled to contribute to any Tax Tallage Aid or other like charge not set by common consent in Parliament Yet nevertheless of late divers Commissions directed to sundry Commissioners in several Counties with instructions have issued by means whereof your People have béen in divers places assembled and required to lend certain sums of Money unto your Majesty and many of them upon their refusal so to do have had an Oath administred unto them not warrantable by the Laws or Statutes of this Realm and have béen constrained to become bound to make Appearance and give Attendance before your Privy Councel and in other places and others of them have béen therefore imprisoned confined and sundry other ways molested and disquieted And divers other Charges have béen laid and levied upon your People in several Counties by Lord-Lievetenants Deputy-Lievetenants Commissioners for Musters Iustices of Peace and others by command or direction from your Majesty or your Privy Councel against the Laws and frée Customs of this Realm 9. H. 3. 29. And where also by the Statute called The great Charter of the Liberties of England It is declared and Enacted That no Fréeman may be taken or imprisoned or be disseised of his Fréehold or Liberties or his frée Customs or be outlawed or exiled or in any manner destroyed but by the lawful judgement of his Péers or by the Law of the Land 28. Ed. 3. 3. And in the eight and twentieth year of the reign of King Edward the third it was declared and Enacted by Authority of Parliament That no man of what estate or condition that he be should be put out of his Land or Tenements nor taken nor imprisoned nor disherited nor put to death without being brought to answer by due process of Law St. 37. Ed. 3. 18. St. 38 Ed. 3 9. St. 42 Ed. 3. 3. St. 17. R. 2. 6. Nevertheless against the tenor of the said Statutes and other the good Laws and Statutes of your Realm to that end provided divers of your Subjects have of late béen imprisoned without any cause shewed And when for their deliverance they were brought before your Iustices by your Majesties Writs of Habeas corpus there to undergo and receive as the Court should order and their Kéepers commanded to certifie the causes of their detainer no cause was certified but that they were detained by your Majesties special command signified by the Lords of your Privy Councel and yet were returned back to several Prisons without being charged with any thing to which they might make answer according to the Law 25. Ed. 3. 9. And whereas of late great Companies of Souldiers and Mariners have béen dispersed into divers Counties of the Realm and the Inhabitants against their wills have béen compelled to receive them into their houses and there to suffer them to sojourn against the Laws and Customs of this Realm and to the great grievance and vexation of the People 25. Ed. 3. 9. And whereas also by Authority of Parliament in the five and twentieth year of the raign of King Edward the third it is declared and Enacted That no man should be fore-judged of life or limb against the form of the Great Charter and Law of the Land 9. H. 3. 28. 25. Ed 3. 4. 28. Ed. 3. 3 And by the said Great Charter and other the Laws and Statutes of this your Realm no man ought to be adjudged to death but by the Laws established in this your Realm either by the Customs of the same Realm or by Acts of Parliament And whereas no offendor of what kinde soever is exempted from the procéedings to be used and punishments to be inflicted by the Laws and Statutes of this your Realm Nevertheless of late divers Commissions under your Majesties great Seal have issued forth by which certain persons have béen assigned and appointed Commissioners with power and authority to procéed within the Land according to the Iustice of Martial Law against such Souldiers and Mariners or other dissolute persons joyning with them as should commit any Murther Robbery Felony Mutiny
or other outrage or misdemeanor whatsoever and by such summary course and order as is agréeable to Martial Law and as is used in Armies in time of War to procéed to the trial and condemnation of such Offendors and them to cause to be executed and put to death according to the Law Martial By pretext whereof some of your Majesties Subjects have béen by some of the said Commissioners put to death when and where if by the Laws and Statutes of the Land they had deserved death by the same Laws and Statutes also they might and by no other ought to have béen judged and executed And also sundry grievous Offendors by colour thereof claiming an exemption have escaped the punishments due to them by the Laws and Statutes of this your Realm by reason that divers of your Officers and Ministers of Iustice have unjustly refused or forborn to procéed against such Offendors according to the same Laws and Statutes upon pretence that the said Offendors were punishable onely by Martial Law and by Authority of such Commissions as aforsaid Which Commissions and all other of like nature are wholly and directly contrary to the said Laws and Statutes of this your Realm The Petition They do therefore humbly pray your most excellent Majesty That no man hereafter be compelled to make or yield any Gift Loan Benevolence Tax or such like charge without common consent by Act of Parliament And that none be called to make answer or take such Oath or to give attendance or be confined or otherwise molested or disquieted concerning the same or for refusal thereof And that no Fréeman in any such manner as is before mentioned be imprisoned or detained And that your Majesty would be pleased to remove the said Souldiers and Mariners and that your People may not be so burthened in time to come And that the foresaid Commissions for procéeding by Martial Law may be revoked and annulled And that hereafter no Commissions of like nature may issue forth to any person or persons whatsoever to be executed as aforesaid lest by colour of them any of your Majesties Subjects be destroyed or put to death contrary to the Laws and Franchise of the Land All which they most humbly pray of your most excellent Majesty as their Rights and Liberties according to the Laws and Statutes of this Realm And that your Majesty would also vouchsafe to declare That the awards doings and procéedings to the prejudice of your People in any of the premisses shall not be drawn hereafter into consequence or example And that your Majesty would be also graciously pleased for the further comfort and safety of your People to declare your royal will and pleasure That in the things aforesaid all your Officers and Ministers shall serve you according to the Laws and Statutes of this Realm as they tender the Honor of your Majesty and the Prosperity of this Kingdom Stat. 17 Car. cap. 14. CAP. I. A restraint of divers abuses committed on the Lords day FOrasmuch as the Lords day commonly called Sunday is much broken and prophaned by Carriers Waggoners Carters Wain-men Butchers and Drovers of Cattle to the great dishonor of God and reproach of Religion Be it therefore enacted by the Kings most excellent Majesty and the Lords Spiritual and Temporal and by the Commons in this present Parliament assembled and by the Authority of the same That no Carrier with any Horse or Horses A Carrier c. that travels upon the Lords day shall forfeit 20. s. nor Waggon-men with any Waggon or Waggons nor Car-men with any Cart or Carts nor Wain-man with any Wain or Wains nor Drovers with any Cattel shall after forty days next after the end of this present Session of Parliament by themselves or any other travel upon the said Day Butchers that sell or kill victual upon that day shall forfeit 6. s. 8. d. upon pain that every person and persons so offending shall lose and forfeit twenty shillings for every such offence Or if any Butcher by himself or any other for him by his privity or consent shall after the end of the said forty daies kill or sell any Victual upon the said Day That then every such Butcher shall forfeit and lose for every such offence the sum of six shillings and eight pence The said offences and every of them being done in view of any Iustice of Peace Mayor or other head Officer of any City or Town corporate within their limits respectively or being proved upon Oath by two or more witnesses or by the confession of the party offending before any such Iustice Mayor or head Officer within their several limits respectively wherein such offence shall be committed To which end every such Iustice Mayor or head Officer shall have power by this Act to minister an Oath to such witness or witnesses All which sums or penalties shall or may be levied by any Constable After conviction and by warrant from a Iustice c. the Constables c. may levy the said forfeitures to the use of the poor or they may be recovered by Suit or Church-warden by Warrant from any such Iustice or Iustices of the Peace Mayor or other head Officer as aforesaid within their several limits where such offence shall be committed or done by distress and sale of the Offendors goods rendring to the party the over-plus or shall be recovered by any person or persons that will sue for the same by Bill Plaint or Information in any of his Majesties Courts of Record in any City or Town corporate before his Majesties Iustices of the Peace in their General Sessions of the Peace All which forfeitures shall be employed to and for the use of the poor of the Parishes where the said offences shall be committed or done saving onely that it shall be lawful to and for any such Iustice Mayor or head Officer out of the said Forfeitures to reward any such person or persons that shall inform or otherwise prosecute any person or persons offending against this present Act according to their discretions so that such reward excéed not the third part of the Forfeiture Provided that such Bill Plaint or Information shall be commenced sued and prosecuted in the County City or Town corporate where such offence shall be committed and done and not elsewhere wherein no Essoin Protection or Wager of Law shall be allowed to the Defendant Provided always That it shall be lawful for any Constable or Church-warden that shall have any Suit or Action brought against them for any Distress by them or any of them to be taken by force of this present Act to plead the general Issue and to give the special matter in Evidence Provided likewise That no person or persons whatsoever shall be impeached by this Act unless he be thereof questioned within six moneths after the Offence committed Provided further That this Act shall not in any sort abridge or take away the Authority of the Court Ecclesiastical
This Act to continue to the end of the first Session of the next Parliament St. 1 Car. 1. Continued and made perpetual 17 Car. cap. 4. CAP. II. A restraint of passage or sending any person beyond the Seas to be Popishly bred FOrasmuch as divers ill affected persons to the true Religion established within this Realm have sent their children into foreign parts to be bred up in Popery 1. Jac. 4. He that goes himself or sends any other beyond the seas to be trained up in Popery c. shall be disabled to sue c. and shall lose all his goods and shal forfeit all his lands c. for life Stat. 27 El. 2. Stat. 3 Jac. 5. notwithstanding the restraint thereof by the Statute made in the first year of the reign of our late Soveraign Lord King James of famous memory Be it Enacted That the said Statute shall be put in due execution And be it further Enacted by the Kings most excellent Majesty and the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same That in case any person or persons under the obedience of the King his heirs and Successors at any time after the end of this Session of Parliament shall pass or go or shall convey or send or cause to be sent or conveyed any Childe or other person out of any of the Kings Dominions into any the parts beyond Seas out of the Kings obedience to the intent and purpose to enter into or be resident or trained up in any Priory Abbey Nunnery Popish Vniversity Colledge or School or House of Iesuits Priests or in any private Popish Family and shall be there by any Iesuite Seminary Priest Friar Monk or other Popish person instructed perswaded or strengthned in the Popish Religion in any sort to profess the same or shall convey or send or cause to be conveyed or sent by the hands or means of any person whatsoever any sum or sums of Money or other thing for or towards the maintenance of any Childe or other person already gone or sent or to go or to be sent and trained and instructed as is aforsaid or under the name or colour of any Charity Benevolence or Alms towards the relief of any Priory Abbey Nunnery Colledge School or any Religious House whatsoever Every person so sending conveying or causing to be sent and conveyed as well any such Childe or other person as any sum or sums of Money or other thing and every person passing or being sent beyond the Seas being thereof lawfully convicted in or upon any Information presentment or Indictment as is aforesaid shall be disabled from thenceforth to sue or use any Action Bill Plaint or Information in course of Law or to prosecute any Suit in any Court of Equity or to be Committée of any Ward or Executor or Administrator to any person or capable of any Legacy or Déed or Gift or to bear any Office within the Realm and shall lose and forfeit all his Goods and Chattels and shall forfeit all his Lands Tenements and Hereditaments Rents Annuities Offices and Estates of Fréehold for and during his natural life A convert shall not incur the penalties aforesaid Stat. 27. El. 2. Provided always That no person sent or conveyed as aforesaid that shall within six moneths after his return into this Realm conform himself unto the present Religion established in this Church of England and receive the Sacrament of the Lords Supper according to the Statutes made concerning Conformity in other cases required from Popish Recusants shall incur any the penalties aforesaid And it is enacted That all and every of the Offences against this Statute may be inquired heard and determined before the Iustices of the Kings-Bench or Iustices of Assise or Gaol-delivery or of Oyer and Terminer of such Counties where the Offendors did last dwell or abide or whence they departed out of this Kingdom or where they were taken Provided also That if any person or Childe so passing or sent or now being beyond the Seas shall after his return into this Realm conform himself to the present Religion established in this Church of England and receive the Sacrament of the Lords Supper according to the Statutes made for or concerning Conformity in other cases required from Popish Recusants for and during such time as he or she shall so continue in such Conformity and obedience according to the true intent and meaning of the said Laws and Statutes shall have his or her Lands restored to them again CAP. III. The Forfeiture and Punishment of him that keeps an Alehouse without License VVHereas by an Act made in the fifth year of the reign of King Edward the sixth of famous memory intituled an Act for kéepers of Alehouses to be bound by Recognizance amongst other things ◠6. Ed. 6. 25 it is enacted That if any person or persons other then such as should be from thenceforth admitted and allowed by the Iustices mentioned in the said Act should after the day in the said Act limited obstinately and upon his own authority take upon him or them to kéep a common Alehouse or Tippling-house or should contrary to the commandment of the said Iustices or two of them use commonly selling of Ale or Béer That then the said Iustices of Peace or two of them whereof one to be of the Quorum should for every such offence commit every such person or persons so offending to the Common Gaol within the same Shire City Borough Town corporate Franchise or Liberty there to remain without bayl or mainprise by the space of thrée days And before his or their deliverance the said Iustices shall take recognizance of him or them so committed with two Sureties that he or they should not kéep any common Alehouse Tippling-house or use commonly selling of Ale or Béer as by the discretion of the said Iustices should séem convenient And the said Iustices should make Certificate of every such Recognizance and Offence at the next Quarter Sessions that should be holden within the same Shire City Borough Town corporate Franchise or Liberty where the same should be committed or done which Certificate should be a sufficient Conviction in Law of the same Offence And the said Iustices of Peace upon the said Certificate made should in open Sessions assess the Fine for every such Offence at twenty shillings as by the said Act may appear Which Law hath not wrought such Reformation as was intended for that the said Fine of twenty shillings is seldom levied and for that many of the said Offendors by reason of their poverty are neither able to pay the said Fine of twenty shillings nor yet to bear their own Charges of conveying them to the Gaol And moreover do leave a great charge of Wife and Children upon the Parishes wherein they live In regard whereof the Constables and other Officers are much discouraged in presenting them and the Offendors become
other intituled an Act for the bringing in of Clapboard from the parts beyond the Seas 35 El. 11. and the restraining of the transporting of wine Casks for the sparing and preserving of Timber within the Realm And so much of one Act made in the five and thirtieth year of the Reign of the said late Quéen Elizabeth intituled an Act to retain the Quéens Majesties Subjects in their due obedience 35 El. 2. as hath not béen since repealed by any other Statute And the several Acts hereafter mentioned 39 El. 4. made in the nine and thirtieth year of the Reign of the late Quéen Elizabeth that is to say an Act intituled an Act for the punishment of Rogues Vagabonds and sturdy Beggars with the provision annexed thereunto 2 Jac. 25. 39 El. 10. by one Act made in the first year of the reign of the late King James intituled an Act for continuing and reviving of divers Statutes and for repealing of some others An Act intituled St. 23 El. 7. 39 El. 14. an Act for the increase of Mariners and for maintenance of Navigation repealing a former Act made in the thrée and twentieth year of her said Majesties Reign bearing the same title an Act intituled an Act prohibiting the bringing into the Realm of forreign Cards for Wool an Act intituled St. 23 El. 7. 39 El. 14. 39 El. 16. 39 El. 17. 43 El. 3. 43 El. 5. 43 El. 2. 1 Jac. 25 an Act for restraining the excessive making of Mault an Act against lewd and wandring persons pretending to be Souldiers or Mariners And the several Acts hereafter mentioned made in the thrée and fortieth year of the said late Quéen Elizabeth that is to say an Act intituled an Act for the necessary relief of Souldiers and Mariners an Act intituled an Act to avoid trifling and frivolous Suits in Law in her Majesties Courts at Westminster an Act intituled An Act for relief of the Poor with the addition thereunto made by an Act made in the first year of the reign of the late King James intituled an Act for continuing of divers Statutes and for repeal of some others and with this further addition And be it Enacted The Overseers of â—oâ— Poor may put out Apprentices The Church-wardens c. may set up any Trade to â—â—nâ— the poor work 43 El. 10. 43 El. 5. 1 Jac. 7. St. 39 El. 4. 1 Jac. 8. 1 Jac. 22. That all persons to whom the Overséers of the Poor shall according to the said Act binde any children Apprentices may take and receive and kéep them as Apprentices And also that the Churchwardens and Overséers of the Poor mentioned in the said Act made in the said thrée and fortieth year may by and with the consent of two or more Iustices of the Peace whereof one to be of the Quorum within their respective limits wherein shall be more Iustices than one and where no more shall be than one with the assent of that one Iustice of the Peace set up use and occupy any Trade Mystery or Occupation only for the setting on work and better relief of the Poor of the Parish Town or Place of or within which they shall be Church-wardens or Overséers of the Poor any former Statute to the contrary notwithstanding An Act intituled an Act for the true making and working of Woollen Cloth an Act intituled an Act to prevent Perjury and subornation of Perjury and unnecessary expence in Suits of Law And the several Acts made in the first year of the reign of the late King James after mentioned One Act intituled an Act for continuance and explanation of the Statute made in the nine and thirtieth year of the reign of the late Quéen Elizabeth intituled an Act for punishment of Rogues Vagabonds and sturdy Beggars another intituled an Act to take away the benefit of Clergy for some kind of Man-slaughter another intituled an Act concerning Tanners Curriers Shoo-makers and other Artificers occupying the cutting of Leather saving for such part thereof as is repealed by one other Act St. 4 Jac. 6. 1 Jac. 27. made in the fourth year of his said late Maiesties reign of England in that behalf Another intituled an Act for the better execution of the intent and meaning of former Statutes made against shooting in Guns and for the preservation of the Game of Pheasants and Partridges and against the destroying of Hares with Hare-pipes 1 Jac. 18. 1 Jac. 6. St. 5 El. 4 1 Jac. 31. and tracing Hares in the Snow an Act intituled an Act for avoiding of Deceit in Selling Buying or spending corrupt and unwholsome Hops an Act intituled an Act for explanation of the Statute made in the fifth year of the late Quéen Elizabeths reign concerning Labourers an Act for the charitable relief and ordering of persons infected with the Plague And the several Acts made in the third year of the Reign of the late King James after mentioned That is to say 3 Jac. 9. 3 Jac. 10. 3 Jac. 11. one Act intituled an Act for relief of such as lawfully use the Trade and Handy-craft of Skinners Another Act intituled an Act for rating and levying of the charges for conveying of Malefactors and Offendors to the Gaol Another Act for transporting of Béer over the Seas 3 Jac. 13. 4 Jac. 11. One other intituled an Act against unlawful hunting and stealing of Déer and Conies And one Act made in the fourth year of the reign of the said late King James intituled an Act for the better provision of Meadow and pasture for the necessary maintenance of Husbandry and Tillage in the Mannors 7 Jac. 1. Lordships and Parishes of Merden alias Mawarden Boddenham Wellington Sutton Saint Michael Sutton Saint Nicholas Murton upon Lugge and the Parish of Pipe 7 Jac. 4. 7 Jac. 12. and every of them in the County of Hereford And the several Acts made in the seventh year of the Reign of the late King James after mentioned the one intituled an Act for the better execution of Iustice and suppressing of criminal Offenders in the North parts of the Kingdome of England 7 Jac. 12. 7 Jac. 13. Another intituled an Act for the due execution of divers Laws and Statutes heretofore made against Rogues Vagabonds and sturdy Beggars and other lewd and idle persons St. 3 Jac. 23. 7 Jac. 18. Another intituled an Act to prevent the spoil of Corn and Grain by untimely hawking and for the better preservation of Pheasants and Partridges One other Intituled an Act to avoid the double payment of Debts One other Intituled An Act for the explanation of one Statute made in the second Session of that present Parliament intituled an Act against unlawful hunting of Déer and Conies And one other Act intituled an Act for the taking landing and carrying of Sea-sand for the bettering of grounds 25 H. 8. 11. and for the increase of Corn and Tillage within the Counties of Devon and Cornwall And that
person being not re verâ and without fraud a working and labouring Tinner in or about some Tinne-work Persons sued by others shall have their action set on work within one half year next before his Suit shall sue prosecute or implead in any the said Courts or before the Warden Vice-warden or Steward of the said Stannaries any person or persons that is or are not a Tinner or Tinners at the time of such Suit commenced Then the Defendant and Defendants in every such case shall have his and their action at the common Law against such person suing or prosecuting wherein he shall recover ten pounds Such action to be brought within two years and his damages and costs of Suit Provided that such Action be brought within two years next after the Action or Suit brought in the said Stannary Courts or before the said Warden Vice-Warden or Steward And be it declared and Enacted That in all cases where the Plaintiff or Defendant Plaintiffs or Defendants Costs in Stannary courts are to have costs by the Laws or Statutes of this Realm there also the Plaintiffs and Defendants shall have the like costs in the Stannary Courts And in regard that the said Charters were granted for the ease and advantage of the Tinners and not for their disadvantage or oppression and yet divers of them who for special reasons have desired to sue at the common Law have béen restrained Tinner may set forfeitures at the common law Be it declared and Enacted That it shall be lawful to and for the said Tinners if they think fit to sue any Forreigners at the common Law the said Charter or any usage to the contrary notwithstanding Abuses of poor Bailiffs in the Stannaries And whereas the Bailiffs of the said Stannary Courts are very numerous and are persons of small or no credit and yet upon their return that any person is become surety for any other upon Arrest by Process out of the said Courts such person who sometimes knows nothing of the matter is by false Returns of the said Bailiffs made liable to the debt or demand which Bailiffs by reason of their poverty are often not responsible and so the party without remedy How sureties may be sued Be it enacted That no person or persons be charged or troubled as surety by any Return of any Bailiff or Bailiffs of the said Stannaries unless that the person or persons returned Surety or Sureties shall in the presence of two witnesses subscribe or sign a note in writing that such person or persons is or are become Surety or Sureties which note shall mention the names of the Plaintiffs and Defendants in the suit and the summe or damages in demand and the nature of the Action and shall be Signed or subscribed by the said Witnesses and returned and filed in the Court out of which such Processe shall issue and no Bailiff or Bailiffs of the said Stannaries shall be admitted as witnesses to any such note And whereas in the said Stannaries it is used that if the Bailiffs return any Person arrested that if such person make default at the day he shall be condemned and Execution is suddenly awarded when as often the party was not arrested No Defendant shall be condemned on a bailiffs return unless on a note subscribed by the party Be it further Enacted That no Defendant shall be condemned upon such Return for not appearing unless also a Note under the Hand or Sign of the party arrested and subscribed by two such Witnesses as aforesaid be returned into the said Court at or before the day of Appearance and the said Bailiff or Bailiffs shall take but four pence for every such note as aforesaid Ê’ and it is provided that none shall be bailed upon arrest there till he give such Note Bail And in case any the said Bailiff or Bailiffs shall return a Rescous against any Person or Persons Rescous he or they shall be admitted to Traverse the said Return which Traverse if it be found with him or them so Traversing then he or they shall be no further troubled or occasioned by reason of such return CAP. XVI For the certainty of the Meets and Bounds of the Forrests WHereas by Act of Parliament made in the first year of the Reign of the late King EDWARD the Third It is ordained That the old Perambulation of the Forrest in the time of King Edward the First St. 1 Ed. 3. should be thenceforth holden in like form as it was then ridden and bounded and in such places where it was not bounded the King would that it should be bounded by good Men and lawful And whereas for many Ages past certain Méets Méers Limits and Bounds of the Forrests have been commonly known and observed in the several Counties wherein the said Forrests lye And whereas of late divers Presentments have been made and some Iudgments given whereby the Meets Meers Limits and Bounds of some of the said Forrests have been variously extended or pretended to extend beyond some of the said Meets Meers Limits and Bounds so commonly known and formerly observed to the great grievance and veration of many Persons having Lands adjoyning to the said Méets Méers Limits and Bounds so commonly known and formerly observed And whereas of late time some Endeavours or Pretences have been to set on foot Forrests in some parts of this Realm and the Dominion of Wales where in truth none have béen nor ought to be or at least have not béen used of long time For remedy thereof may it please your most Excellent Majesty that it be Declared and Enacted by Authority of Parliament And be it Declared and Enacted by the Kings most Excellent Majesty What shall be the Meets and Bounds of Forrests and the Lords and Commons in this present Parliament assembled and by the Authority of the same That from henceforth the Meets Meers Limits and Bounds of all and every the Forrests respectively shall be to all intents and purposes taken adjudged and deemed to extend no further respectively then the Meets Meers Limits and Bounds which in the several Counties Respectively wherein the said Forrests do lye were commonly known reputed used or taken to be the Meets Meers Limits and Bounds of the said Forrests respectively in the twentieth year of the Reign of our late Soveraign Lord King JAMES 20 Jacob. and not beyond in any wise any Perambulation or Perambulations Presentments Extents Surveys Iudgments Records Decrees or other matter or thing whatsoever to the contrary notwithstanding And that all and every the Presentments since the said twentieth year made and that all and every other Presentment and Presentments Presentments contrary hereunto shall be vâ—â—d and all and every Iudgment and award upon or by reason or pretert of any such Presentment or Presentments and all and every Perambulation and Perambulations Surveys Extents and other Act and Acts at any time heretofore had or made
by which the Meets Meers Limits or Bounds of the said Forrests or any of them are or are pretended to be further extended then as aforesaid And also all and every Presentment of any person or persons at any Iustice seat Swainemote or Court of Attachments for or by reason or by colour of any Act or Acts whatsoever done or committed in any place without or beyond the said Méets Méers Limits or Bounds respectively so commonly known reputed used or taken as aforesaid and all and every Fine and Fines and amerciament and amerciaments upon by reason or colour of any such Presentment or Presentments shall from henceforth be adjudged déemed and taken to be utterly void and of no force or effect any Law Statute Record or pretence whatsoever to the contrary notwithstanding And be it further Enacted by the Authority aforesaid No place where no Iustice seat Swainemote cour◠or attachment c. hath been within 〈◊〉 yeares shall be accompted Forrest That no place or places within this Realm of England or Dominion of Wales where no such Iustice seat Swainemote or Court of Attachment have been held or kept or where no Verderers have been chosen or regard made within the space of sixty years next before the first year of his Majesties Reign that now is shall be at any time hereafter judged déemed or taken to be Forrest or within the Bounds or Meets of the Forrests But the same shall be from thenceforth for ever hereafter De-afforrested and freed and exempted from the Forrests Laws Any Iustice-seat Swainemote or Court of Attachment held or kept within or for any such place or places at any time or times since the beginning of His Majesties said Reign or any presentment enquiry Act or thing heretofore made or hereafter to be made or done to the contrary notwithstanding Provided also and be it further Enacted by the Authority aforesaid For ascertaining of Meets c. Commissions shall be issued That for the better putting into certainty all and every the Meets Meers Bounds and Limits of all and every the Forrests as aforesaid The Lord-Chancellour or Lord-Keeper of the Great Seal of England for the time being shall by vertue of this Act upon request of any of the Peers of this Kingdome or of the Knights and Burgesses of the Parliament or any of them grant severall Commissions under the Great Seal of England to Commissioners to be nominated respectively by the said Péers Knights and Burgesses or any of them to enquire of and find out by Inquests of good and lawful men upon Oath and by the Oaths of Witnesses to be produced at the said Inquests and by all other lawful means all and every the Méers Méets Bounds and Limits of the Forrests respectively which were commonly known to be their Méers Meets Bounds and Limits respectively in the said twentieth year of the Reign of our late Soveraign Lord King James And to return the Inquests so taken into the Court of Chancery and that all and every the Sheriffs and Bailiffs of and in every County wherein any such Inquests shall be so to be taken And all and every the Verderers Forresters Rangers and other Officers of the Forrests respectively where any such Officers be shall be assistant and attendant to the execution of the said Commissions according as by vertue of the said Commissions respectively they shall be commanded And where no such Officers are or where such Officers be if they or any of them shall refuse or neglect such assistance and attendance as aforesaid Then the said Commissioners shall and may procéed without them in the execution of the said Commissions Forrests shall not extend beyond the meets c. so returned And be it further Enacted by the Authority aforesaid That the Forrests whereof the Méets Méers Limits and Bounds be so returned and certified by vertue of any the said Commissions as aforesaid from thenceforth shall not extend nor be extended nor be déemed adjudged or taken to extend any further in any wise then the Méets Méers Limits and Bounds that shall be so returned and certified And that all the places and Territories that shall be without the Méets Méers Limits and Bounds so returned and certified shall be and are hereby declared to be from thenceforth free to all intents and purposes as if the same had never béen Forrest or so reputed Any Act or Acts matter or thing whatsoever to the contrary thereof notwithstanding Grounds deafforrested shall be excluded Provided and be it further Enacted by Authority aforesaid That all and every the grounds Territories or places which have béen or are De-afforrested or mentioned to be De-afforrested in or by any Letters Patents Charters or otherwise since the said twentieth year of the Reign of our said late Soveraign Lord King James shall be excluded and left out of the Méets Méers Limits and Bounds of the Forrests which are to be enquired of returned and certified by vertue of the said Commissions or any of them respectively And shall be and hereby are declared and Enacted to be utterly De-afforrested frée and exempt to all intents and purposes as if the same had never béen at all Forrest or so reputed Any thing in this present Act contained or any other Act matter or thing whatsoever to the contrary in any wise notwithstanding Tenants Owners c. of lands excluded shall enjoy their ancient commission c. Provided nevertheless and be it Enacted That the Tenants Owners and Occupiers and every of them of Lands and Tenements which shall be excluded and left out of the Méets Méers Limits or Bounds of the Forrests to be returned and certified by vertue of any the said Commissions shall or may use and enjoy such Common and other profits and easements within the Forrest as anciently or accustomably they have used and enjoyed Any thing in this present Act contained or any Act or Ordinance made in the thrée and thirtieth year of King Edward the first or any Custome or Law of the Forrest or any other matter or thing to the contrary thereof notwithstanding CAP. XVII Scotland A confirmation of the Treaty of Pacification between England and Scotland with the Commissions and Articles thereupon EXP. CAP. XVIII For securing by publick Faith the remainder of the friendly assistance and relief promised to those of Scotland Scotland EXP. CAP. XIX The Office of Clerk the Market allowed and regulated for the reformation of Weights and Measures Grievances by Clerks of the Market and anequality in weights and measures FOrasmuch as the undue execution of the Office of Clerk of the Market hath béen very grievous unto divers of his Majesties most loving Subjects who have béen much troubled by unnecessary Summons and charged with exactions of divers sums of Money by colour of the said Office and in regard the said evils have partly arisen by means of an inequality of Weights and Measures throughout this Kingdom◠and by granting
and singular the said Pleas Writs Bills Actions Suits Plaints Process Precepts and other the Premises aforesaid shall stand continue and be good and effectual in Law to all Intents and Purposes as if the said Returns and dayes and every of them had béen actually kept and holden in all and every the said Courts Any Law Statute Custome or Vsage to the contrary thereof in any wise notwithstanding The said Writs Process Pleas c. returnable pleadable at a certain day And be it further Enacted by the Authority aforesaid That all Pleas Writs Bills Actions Suits Plaints Process Precepts and other thing or things whatsoever aforesaid pleadable or to be pleaded Returnable or to be Returned or having day in any manner whatsoever at any of the said Returns or any day or dayes certain after any of the said Returns Be and are hereby continued and adjourned unto and shall and may be Pleaded Returned Heard and Determined in the respective Courts aforesaid at or on the fifth Return of the said Term of late called In the morrow of the Ascension of our Lord And that all parties in any Pleas Writs Bills Actions Suits Plaints Process or other thing or things whatsoever having dayes given them at any of the said four first Returns or at any other day or dayes certain after any of the said Returns in the said Courts or any of them by vertue of this present Act have the said Return of late called In the morrow of the Ascension of our Lord prefixed them therein And that all Sheriffs Officers and other Ministers whatsoever and every of them respectively kéep in their hands all Writs Bills Process and Precepts and all other things whatsoever in them directed respectively Returnable or to be Returned in the several Courts aforesaid at the said four first Returns or any of them in or at any day certain as aforesaid until the said fifth Return of late called The morrow of the Ascension of our Lord and then Return the same into the said several Courts respectively That such proceedings may be then had thereupon as should have béen had in case the said four first Returns had béen kept and holden And be it further Enacted by the Authority aforesaid That no Writs Process Plaints Process Writs Pleas c. under certain titles and names may be prosecuted and proceeded upon Pleas Informations Indictments or Iudicial proceedings had Commenced or prosecuted before the fifth day of May in the said year of our Lord one thousand six hundred sixty in the Name Stile Title or Test of Custodes Libertatis Angliae Authoritate Parliamenti or in the Name Stile Title or Test of The Keepers of the Liberty of England by Authority of Parliament or in the Name Stile Title or Test of Oliver Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions thereunto belonging or in the Name Stile Title or Test of Oliver Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging or in the Name Stile Title or Test of Richard Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging shall be put without day abated quashed or discontinued by his Majesties most just re-assumption of the actual Exercise of his Kingly Government in this Kingdom nor shall the same be cause of Errour Abatement or Discontinuance but that all such Writs Process Plaints Pleas Informations Indictments and Iudicial Procéedings and all Commissions for taking of Answers or Examination of Witnesses Commission for taking of Fines and Warrants of Attorney Guardians or Prochein-Amy shall stand and be continued and shall and may be procéeded upon prosecuted and returned notwithstanding the same were commenced or prosecuted in English and notwithstanding the present happy Change and Restitution of his Majesties Name and Stile in Iudicial Procéedings And be it further Enacted by the authority aforesaid Process and proceedings in English in Courts of Iustice to continue EXP. That one pretended Act made in the year of our Lord 1650. entituled An Act for turning the Books of the Law and all Process and Proceedings in Courts of Justice into English shall stand and be in force as if the same had béen a good and effectual Act from the first Return of Easter Term in the year of our Lord 1651. untill the first day of August in the year of our Lord 1660. and no longer And whereas by one other pretended Act made in the said year of our Lord 1650. entituled An Act touching Corn and Meal It was Enacted or mentioned to be Enacted That from and after the twentieth day of November 1650. It should and might be lawfull to and for any person or persons Defendant or Tenant for or by reason of any matter to be pleaded set forth or alledged in Bar to any Action Real Personal or mixt in any Court of Record to plead the General Issue of Not Guilty or the like General Issue proper to the Nature of the Action or Suit commenced and for his or their Discharge or Acquitting to give any such matter in evidence to the Iury that shall try the same and that the said matter shall be as available to such person or persons Defendant or Tenant to all intents and purposes as if the said matter had béen specially pleaded set forth or alledged in Bar of such action Be it further Enacted That the said pretended Act Pleading the General Issue as touching the pleading of the General Issue shall by authority hereof stand and be in full force and effect according to the Tenor thereof until the said first day of August as if the same had béen a good and effectual Act of Parliament EXP. and no longer Provided alwayes That where the General Issue hath béen since the said twentieth day of November 1660. pleaded or shall before the said first day of August in the said year of our Lord 1660. be pleaded in any action That then upon the Tryal of the said Cause such Evidence shall and may be allowed as if the said pretended Act touching the pleading of the General Issue had béen and continued a good and effectual Act of Parliament not determined or discontinued Provided also That his Majesties Royal assent to the passing of this Bill shall not extend His Majesties Assent to this Bill doth not determine the Session All Writs Patents Commissions c. to issue in the Kings name as formerly or be construed to extend to the determining of the Session of this present Parliament Provided nevertheless and be it Enacted That all Writs Patents and Commissions for Constituting Iustices of either Bench and Barons of the Exchequer Commissions of Oyer and Terminer and Gaol-Delivery and Precepts upon Commissions of Oyer and Terminer and Gaol-Delivery and all other Commissions hereafter to be made by the Clerk of the Crown in the Chancery Charters and Letters Patents under the
for the same in the Custome-house according to the true meaning of this Act that then from the said four and twentieth day of June all the same Wines Goods and Merchandizes whatsoever shall be forfeit to your Majesty the one moyety of the rate thereof to your Majesty and the other moyety to him or them that will seize the same or sue for the same And that it may please Your Majesty Merchants strangers shall be well intreated That all Merchants aswell Denizens as Strangers coming into this Your Realm be well and honestly intreated and demeaned for such things as Subsidy by this Act is granted as they were in the time of Your Noble Progenitors and Predecessors without oppression to them to be done paying the Subsidies aforesaid And be it further Enacted by the authority aforesaid That if any Goods or Merchandize A Proviso for such whose goods be taken by Pirates or perished on the Sea as aforesaid of any Merchant being born Denizen after the said four and twentieth day of June hath béen or at any time hereafter during Your Majesties life shall be taken by any Enemies or Pyrates upon the Sea or perished in any Ship or Ships that shall happen to be taken or perished during Your Majesties Life whereof the Subsidies and other Duties aforesaid are or shall be duly paid or agréed for as aforesaid and that duly proved before the Treasurer of England Commissioners of the Treasury or Chief Baron of the Exchequer for the time being by the examination of the same Merchants if they be alive or of their Executors or Administrators if they be dead or by two credible Witnesses at the least sworn or other reasonable Witness and proof sworn then the same Merchant or Merchants his or their Executors or Administrators shall or may newly ship in the same Port where the goods and Merchandize aforesaid were or shall be Customed so much other Merchandize or Goods as the same goods or Merchandize are or shall be lost as aforesaid shall amount unto in custome without paying of any thing for the same so as the same Proof be recorded and allowed of in the Court of Exchequer The Customs of any goods shipped in Carracks or Gallies and certified unto the Collectors of the Customes of the Port where the same Wares or Merchandizes are to be newly shipped without Custome as aforesaid And further That every Merchant-Denizen who shall hereafter Ship any Goods or Merchandize in any Carrack or Gally shall pay to your Majesty all manner of Customs and all the subsidies aforesaid as any Alien born out of the Realm Provided alwayes that it shall and may be lawfull to all and every Your Subjects Shipping of Herrings at his and their will and pleasure to convey and transport out of this Realm in Ships and other Vessels of any the Subjects of this Realm all and every kind of Herrings and other Sea fish to be taken on the sea by any the Subjects aforesaid from or out of any Port or Harbor of this Realm to any place out of your Majesties Dominions without paying any Custome Subsidy or Poundage-moneys for the same Herrings or other Fish so carried or transported during your Majesties life any thing herein before contained to the contrary notwithstanding And because no rates can be Imposed upon Merchandize No rates to be imposed on Merchandize without authority of Parliament imported or exported by Subjects or Aliens but by common consent in Parliament Be it further Enacted and Declared by the Authority aforesaid that the Rates intended by this present Act shall be the rates mentioned and expressed in one Book of Rates intituled The Rates of Merchandize That is to say the Subsidy of Tonnage the Subsidy of Poundage and the Subsidy of Woollen cloths or old Draperies as they are rated and agréed on by the Commons House of Parliament A book of rates agreed by the Commons house of Parliament set down and expressed in this Book to be paid according to the Tenor of the Act of Tonnage and Poundage from the four and twentieth day of June inclusively in the twelfth year of his Majesties Reign during his Majesties Life and subscribed with the hand of Sir Harbottle Grimston Baronet Speaker of the House of Commons Which said Book of Rates composed and agréed on by Your Majesties said Commons and also every Article rule and clause therein contained shall be and remain during Your Majesties Life as effectual to all intents and purposes as if the same were included particularly in the Body of this present Act. And it is further Enacted That during the continuance of this present Grant The fees of the Custome Officers where the Goods Exported or Imported amount to the value of five pounds or more the Customers and Collectors and all other his Majesties Officers in the several Ports shall take and receive such Fées and no other as were taken in the Fourth year of the late King James until such time as the said Fées shall be otherwise setled by Authority of Parliament Provided alwayes That no Person or Persons who after the Four and twentieth of June A Proviso for such as paid before the 24. Iuly 1660. in the year One thousand six hundred and sixty and before the Four and twentieth of July in the same year have paid received or collected any Duties or Customes according to the Rates used in April One thousand six hundred and sixty shall be molested or any way Impeached for or concerning the payment or Receipt of the said duties or any other duties by this Act Imposed And it is hereby further Declared That no person who hath shipped any Goods since the said four and twentieth of June and before the said four and twentieth of July shall be liable to the payment of any duties therefore other then such as were used to be paid in the said moneth of April One thousand six hundred and sixty Goods which may be exported immediately after the passing this Act. Provided alwayes and be it Enacted by the Authority aforesaid That it shall and may be lawful for any Person or Persons immediately from and after the passing of this Act to transport ship and carry out of this Kingdome or out of any Port thereof by way of Merchandize any of these Commodities Goods and Merchandizes following That is to say Iron Armour Bandeléers Bridle-Bitts Halbert Heads and Sharps Holsters Muskets Carbines Fowling-Peices Pistols Pike-Heads Sword or Rapier-Blades Saddles Snaffles Styrropes Calveskins dressed or undressed Geldings Oxen Shéep-skins dressed without the Wooll and all sorts of Manufactures made of Leather paying the respective Rates appointed by this Act and no other any Law Statutes Prohibitions and Customes to the contrary notwithstanding Goods which may be exported being at certain pâ—â—ses And be it further Enacted by the Authority aforesaid That it shall and may be lawful immediately after the passing of this Act for any person or
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
And it is further provided and Enacted That every person or persons hereby pardoned may plead the General Issue without special pleading of this Pardon and give this Act of Pardon in evidence for his discharge and that the same shall be thereupon allowed and the advantage thereof had as fully to all intents and purposes as if the same had béen fully and well pleaded And in such manner as any Iustice of the peace Constable or other Officer questioned for matters acted by them as Officers or in execution of their Offices may have advantage of the matter of their Iustification upon the General Issue by them pleaded by the Laws and Statutes of this Kingdom Thefts and Felonies since the fourth of March 16â—9 excepted Provided also That this Act nor any thing therein contained shall extend or be interpreted to extend to pardon any person or persons whatsoever for any Theft or Stealing of any Goods or other Felonies since the fourth day of March in the year of our Lord one thousand six hundred fifty and nine any thing in this Act contained to the contrary thereof in any wise notwithstanding This Act not to extend to goods to be restored upon an Act for Repeal of two Acts for Sequestrations Provided also That neither this Act nor any thing therein contained shall extend to acquit or discharge any person or persons from making restitution of all such Rents sums of Money Horses Cattel or other Goods which by a certain Act or pretended Act lately made intituled An Act for Repeal of two Acts for Sequestrations are required to be restored to those from whom they were taken Nor shall this present Act be construed to Disable or Bar the respective Owners or Proprietors of and from their several and respective Actions or Suits at Law or in equity for or by reason of the said or any other Rents Moneys Horses Cattle or Goods which since the five and twentieth day of Iuly one thousand six hundred fifty and nine have béen by any person or persons wrongfully received or taken away and for which the said Wrong-doers are not in any wise Indempnified by the said or any other Act of Repeal Goods c. sequestred and actually paid in to any publicks Treasury And be it further Enacted by the authority aforesaid That no person or persons who by vertue of any Order or Warrant mediately or immediately derived from his late Majesty or His Majesty that now is or by vertue of any Act Ordinance or Order of any or both Houses of Parliament or any of the authorities aforesaid or any Committée or Committées acting under them or any of them have seized sequestred levied advanced or paid to any publick use or into any publick Treasury within this Kingdom any Goods Chattels Debts Rents sum or sums of money belonging to any person or persons whatsoever shal hereafter be sued molested or drawn into question for the same but that they and every of them shall be discharged against all persons for so much and no more of the said Goods Chattels Debts Rents sum or sums of money as their several and respective Orders of discharge or acquittances extend unto Persons who have received money privately for his Majesties supply to accompt Provided also That nothing herein contained shall extend to discharge any person or persons who have béen by private order or Instructions imployed and intrusted or have undertaken the imployment to receive any sum or sums of money for the Kings Majesties Service or Supply since the year one thousand six hundred forty and eight from making their accompts for the same Provided also That this Act shall not extend to pardon or discharge from accompts to the Kings Majesty any person or persons for any sum or sums of money received for that Illegal Tax of Decimation Moneys received upon Decimation not pardoned or upon the accompt of any Militia setled or acted in since one thousand six hundred forty and eight and not accompted for or paid over or discharged to or by any that had authority or pretended authority to discharge the respective Receivers of the same Provided also That if any person or persons being His Majesties Menial Servant or Servants or having or pretended to have received particular Instructions or Directions from his Majesty have during the time of such his or their relation unto his Majesty or whilst he or they were acting or pretending to Act for His Majesties Interest in pursuance of the said Instructions or directions Wilfully Maliciously and Trayterously held Intelligence with any forreign Prince or Princes Persons that have had Directions or Instruction from his Majestie and have betrayed their trust or his Majesties Councels excepted State or States or with any person or persons usurping Supreme authority in this Kingdom or other his Majesties Dominions or with their or either of their Ministers or Agents and without his Majesties license and to the intent to betray His Majesties person or Councels or have received any sum or sums of money or pension for such Treachery that then such person or persons as to the offence in this proviso mentioned shall be and is hereby excepted out of this Act any thing herein contained to the contrary notwithstanding so as such person or persons be out-lawed or otherwise legally convicted of such offence or offences within the space of two years from the five and twentieth day of April one thousand six hundred and sixty Duties upon Excise and from Farmers thereof excepted Provided That this Act of General Pardon of any thing therein contained shall not extend to the pardoning or discharging of any Debts or Sums of money due to or for the Excise of any Goods or Merchandize whereof any Entries have béen made in the Custom-house which have grown due since the twenty fifth day of March one thousand six hundred fifty and eight or to the pardoning or discharging of any Debts or Sums of money due to the Farmers or pretended Farmers of Excise since the twenty fifth day of March one thousand six hundred fifty and seven Persons excepted by name Provided also that this Act nor any thing therein contained shall extend to pardon discharge or give any other benefit whatsoever unto John Lisle William Say Sir Hardress Waller Valentine Wauton Tho. Harrison Edward Whalley Wil. Heveningham Isaac Penington Henry Martin John Barkstead Gilbert Millington Edmund Ludlow Sir Michael Livesey Robert Titchbourn Owen Row Robert Lilburn Adrian Scroop John Okey John Hewson William Goffe Cornelius Holland Thomas Challoner John Carew John Jones Miles Corbet Henry Smith Gregory Clement Thomas Wogan Edmond Harvey Thomas Scot William Cawley John Downs Nicholas Love Vincent Potter Augustine Garland John Dixwel George Fleetwood Simon Meyn James Temple Peter Temple Daniel Blagrave Thomas Wait John Cook Andrew Broughton Edward Dendy William Hewlet Hugh Peters Francis Hacker Daniel Axtel nor any of them nor of those two persons or either of
them who being disguised by Frocks and Vizors did appear upon the Scaffold erected before Whitehal upon the thirtieth of Ianuary one thousand six hundred forty and eight All which persons for their execrable Treason in sentencing to death or signing the Instrument for the horrid Murder or being instrumental in taking away the precious Life of our late Sovereign Lord Charles the first of Glorious Memory are left to be procéeded against as Traytors to His late Majesty according to the Laws of England and are out of this present Act wholly excepted and foreprized But ingard the said Owen Row Augustine Garland Edmond Harvey Henry Smith Persons that appeared and rendred themselves Henry Martin Sir Hardress Waller Robert Titchbourn George Fleetwood James Temple Thomas Wait Simon Meyn William Heveningham Isaac Penington Peter Temple Robert Lilburn Gilbert Millington Vincent Potter Thomas Wogan and John Downs have personally appeared and rendred themselves according to the Proclamation bearing Date the sixth day of Iune one thousand six hundred and sixty to Summon the persons therein named who gave Iudgement and Assisted in the said Horrid and Detestable Murther of our said late Sovereign to appear and render themselves and do pretend thereby to some favour upon some conceived doubtful Words in the said Proclamation Be it Enacted by this present Parliament and the Authority of the same upon the humble desires of the Lord and Commons in Parliament assembled That if the said Owen Row Augustine Garland Edmond Harvey Henry Smith Henry Martin Sir Hardress Waller Robert Titchburn George Fleetwood James Temple Tho. Wait Simon Meyn William Heveningham Isaac Penington Peter Temple Robert Lilburn Gilbert Millington Vincent Potter Thomas Wogan and John Downs or any of them shall be legally Attainted for the Horrid Treason and Murther aforesaid That then nevertheless the Execution of the said person and persons so Attainted shall be supended until his Majesty by the Advice and Assent of the Lords and Commons in Parliament shall order the Execution by Act of Parliament to be passed for that purpose Except also out of this present Act Oliver Cromwel deceased Henry Ireton deceased John Bradshaw deceased and Thomas Pride deceased Provided That nothing in this Act contained shall extend to discharge the Lands Tenements The Lands and Goods of the persons rendring themselves not excepted St. 13 Car. 2. ca. 15. Goods Chattels Rights Trusts and other the Hereditaments late of the said O. Cromwel Henry Ireton John Bradshaw and Thomas Pride or of Isaac Ewer deceased Sir John Danvers deceased Sir Thomas Maleverer Baronet deceased William Purefoy deceased John Blackiston deceased Sir William Constable Baronet deceased Richard Dean deceased Francis Allen deceased Peregrin Pelham deceased John Moor deceased John Aldred alias Alured deceased Humphry Edwards deceased Sir Gregory Norton Baronet deceased John Venn deceased Thomas Andrews Alderman deceased Anthony Stapely deceased Thomas Horton deceased John Fry deceased Thomas Hamond deceased Sir John Bourchier deceased of and from such pains penalties and forfeitures as by one other Act of Parliament intended to be hereafter passed for that purpose shall be expressed and declared And also excepted out of this present Act William Lord Mounson James Challoner Persons excepted for other penalties not extending to life St. 13. Car. 2. ca. 15. Sir Henry Mildmay Sir James Harrington John Phelps and Robert Wallop All which persons did Act and sit in that Trayterous Assembly which in the moneth of Ianuary one thousand six hundred forty eight Acted and procéeded against the Life of our late Sovereign King Charles the first of blessed Memory and are therefore reserved to such pains penalties and forfeitures not extending to Life as by another Act intended to be passed for that purpose shall be imposed on them And also except Sir Arthur Hesilrig for and in respect onely of such pains penalties and forfeitures not extending to Life as by one Act intended to be hereafter passed for that purpose shall be inflicted and imposed Provided alwayes That John Hutchinson Esquire and Francis Lassels Persons made incapable of any Offices shall be and are hereby made for ever incapable to Execute any Place or Office of Trust Civil or Military within this Kingdom And that the said Francis Lassels shall pay unto our Sovereign Lord the King one full years value of his Estate Any thing herein before contained to the contrary notwithstanding Provided alwayes That this Act or any thing therein contained Sir Henry Vane Iohn Lambert excepted shall not extend to the pardoning or to give any other benefit whatsoever unto Sir Henry Vane John Lambert or either of them but that they and either of them are and shall be out of this present Act wholly excepted and foreprized Penalty of certain persons if they shall after the first of September 1660. accept any Office Provided That if William Lenthal William Burton Oliver Saint-John John Ireton Alderman Colonel William Sydenham Colonel John Desborow John Blackwel of Moreclake Christopher Pack Alderman Richard Keeble Charles Fleewood John Pyne Richard Dean Major Richard Creed Philip Nye Clerk John Goodwyn Clerk Sir Gilbert Pickering Colonel Thomas Lister and Colonel Ralph Cobbet shall after the first day of September one thousand six hundred and sixty accept or exercise any Office Ecclesiastical Civil or Military or any other publique employment within this Kingdom of England Dominion of Wales or Town of Berwick upon Tweed that then such person or persons as do so accept or execute as aforesaid shall to all intents and purposes in Law stand as if he or they had béen totally excepted by name in this Act. Persons that gave Sentence upon any in the illegal High Courts of Iustice Provided likewise That all those who since the fifth of December one thousand six hundred forty eight did give sentence of death upon any person or persons in any of the late Illegal and Tyrannical High Courts of Iustice in England or Wales or Signed the Warrant for Execution of any person there Condemned except Colonel Richard Ingolsby and Colonel Matthew Thomlinson shall be and are hereby made incapable of bearing any Office Ecclesiastical Civil or Military within the Kingdom of England or Dominion of Wales or of serving as a Member in any Parliament after the first day of September one thousand six hundred and sixty Provided also and it is Enacted That all and every the persons appointed Trustées in a late pretended Act or Ordinance made in the year of our Lord Persons intrusted by Ordinance 1649. about Tithes shall be accomptable one thousand six hundred forty nine for and concerning Tithes appropriate Oblations Obventions Pensions Portions of Tithes appropriate Offerings Fée-farm Rents issuing out of the Tithes therein mentioned First-fruits and other things and Enacted or mentioned to be Enacted to be vested setled adjudged or déemed to be in the actual sesin or possession of such person and persons in the said pretended Act or Ordinance mentioned
and their heirs shall accompt for and be responsible for all Rents and Profits of the premisses which came to their hands and have not béen by the said Trustées or their Order disbursed disposed or imployed for the maintenance of Ministers or other uses according to the said pretended Act or Ordinance or some other Act Order or Ordinance made in the year of our Lord one thousand six hundred fifty one thousand six hundred fifty four and one thousand six hundred fifty six by any assembly called or reputed a Parliament or assuming the power of a Parliament according to the intention of such Act Acts or Ordinances And the Agents and Receivers under the Order of the said Trustées and the Occupiers and Tenants of the Premisses who have taken the premisses or profits thereof into their hands without agréement to pay Rent therefore and have made no accompt or satisfaction to the Trustes aforesaid or to some other by their Order and also the persons who have held the same or taken the profits thereof under any agréement to pay Rent or Money for the same and have not paid the same shall respectively accompt pay and make satisfaction for so much of the premisses and profits of the premisses as are unsatisfied or unaccounted for as aforesaid and pay such Arrearages of Rents or Money as by such agréement remaineth unpaid by them all which payments and accompts shall be made to such persons and in such manner as in Parliament shall be directed Nevertheless it is not hereby intended that any Minister Schoolmaster or other person for whose benefit and maintenance the said pretended Acts or Ordinances were made shall be accomptable or lyable to make satisfaction for any Profits Rents or Sums of money paid to or taken by them respectively by vertue or colour of any Order or Appointment of the said Trustées or any of them or otherwise Bonds taken in his Majesties name before May 1642. for securities of any his Majesties Receivers not pardoned c. Provided also That this Act do not extend to pardon any Bond taken in his late Majesties Name before the month of May one thousand six hundred forty two for securing the proper Debt of any Servant or Receiver of the Revenue of his said late Majesty that hath not béen paid to or by order of some Lawful or Pretended authority And whereas by an Order of the Six and twentieth day of May in the year One thausand six hundred forty one the then House of Commons in Parliament did accept the sum of One hundred and fifty thousand pounds as a Composition from the Farmers of several Customs voted to be illegally taken and some of the said Farmers did procure and pay the said whole sum of One hundred and fifty thousand pounds at the desire of the said House of Commons and upon their Declaration That such of the said Farmers as did not pay their Proportions should not be pardoned but proceeded against and out of their Fines satisfaction should be made to those who had paid the said One hundred and fifty thousand pounds and in pursuance thereof did on the First of June then next following Resolve That the Estates of such persons living or dead as have by colour of any Patent received monies from the Subject under pretence of such Customs or have béen under-Sharers with the Patentées ought to be made liable to restitution Payments upon proportions of 150000 l. upon the customes It is therefore Provided That this Act shall not extend nor be construed to extend to Pardon or Indempnifie any person or persons their Heirs Executors Administrators or Assigns who have not paid their Proportions of the said One hundred and fifty thousand pounds or ought to have béen contributory thereunto from or against misdemeanors or offences relating to the said Customes or from payment of their Proportions But that the Estates of the dead as well as of the living of such who ought to have béen contributory in whose possession soever Purchasers Bona fide and upon valuable Considerations only excepted shall Continue and be charged and chargeable with the payment of their Proportions to all intents and purposes as if this Act had not béen made any thing herein contained to the contrary notwithstanding Provided also That this Act or any thing therein contained shall not extend or be construed to pardon or discharge any sum or sums of money due and Arrear for Excise of Béer Ale Arrears of Excise upon Beer and Ale or other Native or Inland Commodity since the twenty fourth day of June One thousand six hundred fifty and nine Provided also That nothing in this Act contained shall extend to the pardoning Monies due for free quarter or discharging of any sum or sums of money due from any Officers or Souldiers to any of the Subjects of this Kingdom for frée-quarter since the second day of July One thousand six hundred fifty and nine or to discharge any monies borrowed by any Officers for preventing of frée-quarter Provided alwayes And be it Enacted by the Authority aforesaid That no Conveyance Purchasers bona fide of Lands other then the Kings c. to enjoy their purchases Assurance Grant Bargain Sale Charge Lease Assignment of Lease Grants and Surrenders by Copy of Court-Roll Estate Interest Trust or Limitation of any Vse or Vses of any Manors Lands Tenements or Hereditaments not being the Lands nor Hereditaments of the late King Quéen Prince or of any Archbishops Bishops Deans Deans or Chapters nor being Lands or Hereditaments sold or given or appointed to be sold or given for the Delinquency or pretended delinquency of any person or persons whatsoever by vertue or pretext of any Act Order or Ordinance or reputed Act Order or Ordinance since the first day of January One thousand six hundred forty and one Nor any Statute Iudgment or Recognizance had made acknowledged or suffered to any person or persons Bodies Politick or Corporate before the Nine and twentieth day of September One thousand six hundred fifty and Nine By any of the persons before in this Act by name excepted or their Heirs or by any other person or persons claiming by from or under them or any of them other then the Wife or Wifes child children heir and heirs of such person and persons or any of them for money bona fide to them or any of them paid or lent nor any conveyance assurance grant or estate made before the Five and twentieth day of April One thousand six hundred and sixty By any person or persons to any such person excepted by Name as aforesaid in trust and for the benefit of any other person or persons Bodies Politick or Corporate not excepted by name as aforesaid shall be impeached defeated made void or frustrated hereby or by the attainder or conviction of any such excepted person or persons but that the same shall be held and enjoyed by the Purchasers Grantées Lessées Assigns Cestuy
que use Cestuy que trust and every of them their Heirs Executors Administrators and Assigns respectively as if this Act had not béen made and as if the said person or persons had not béen excepted attainted or convicted Any Law Statute Vsage or Custome to the contrary thereof in any wise notwithstanding Provided alwayes That this Act nor any thing therein contained Fabric◠Lands Church Goods and Vtensils shall not extend to Indempnifie any person or persons whatsoever who have entred into any Messuage Lands Tenements and Hereditaments called Fabrick Lands or possest themselves of any Rent or Revenues given for the repair of any Cathedral or other Church or who have Sacrilegiously enriched themselves by converting the Plate or Vtensils and Materials of or belonging to such Churches to their own private use and advantage for or in respect of the said Crimes onely Stat. 13 Car. 2. cap. 7. CAP. XII Which Judicial Proceedings shall be good and effectual in Law and which not BE it Enacted and it is Enacted by His Majesty and the Lords and Commons in Parliament assembled and by the Authority of the same That no Fines nor final Concords Which Acts and Proceedings shall not be avoided Chirographs nor Proclamations of Fines nor any Recoveries Verdicts Iudgments Statutes Recognizances nor Inrolments of any Déeds or Wills or of any such Fines Proclamations Recoveries Verdicts Iudgments Statutes or Recognizances nor any Exemplifications of them nor any of them nor any Inquisitions Indictments Presentments Informations Decrées Sentences Probats of Wills nor Letters of Administration nor any Writs or Actings on or Returns of Writs Orders or other Procéedings in Law or Equity had made given taken or done or depending in the Courts of Chancery Kings-Bench Vpper Bench Common-Pleas and Court of Exchequer and Courts of Exchequer-Chamber or any of them sitting at Westminster or in the Courts of the Great Sessions in Wales the Courts of any Counties Palatine or Dutchy of Lancaster or Town of Berwick upon Tweed or in any other inferiour Courts of Law or Equity or by any the Iudges Clerks Officers Sheriffs Coroners or Ministers or others Acting in Obedience to them or any of them or by any the Courts of Admiralty Delegates Iustices of Assize Nisi Prius Oyer and Terminer Gaol-Delivery Iustices of the Peace Commissioners of Sewers Bankrupts or Charitable Vses nor any Actings Process Procéedings nor Executions thereupon had made given done or suffered in the Kingdom of England since the First of May One thousand six hundred forty two shall be avoided for want or defect of any Legal Power in the said Courts Iudges Commissioners Iustices or any of them or for or by reason that the Premisses or any of them were commenced prosecuted had made held or used in the Name Stile or Title of the late King or in the Name Stile Title or Test of Custodes Libertatis Angliae Authoritate Parliamenti Or in the Name Stile Title or Test of The Keepers of the Liberty of England by Authority of Parliament Or in the Name Stile Title or Test of Oliver Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions thereunto belonging Or of Oliver Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging Or the Name Stile Title or Test of Richard Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging or for or by reason of any alteration of the said Names Stiles or Titles Or for that the said Fines Recoveries Process Pleadings Procéedings and other things before mentioned Or the Entry and Enrolment of them or any of them were in the Latine or English But that all and every such Fines Recoveries and other things above mentioned and the Actings Doings and Procéedings thereupon shall be of such and of no other Force Effect and Vertue then as if such Courts Iudges Iustices Commissioners Officers and Ministers had acted by vertue of a True Iust and Legal Authority and as if the same and the Entry and Enrolment thereof were in Latine and as if the several Acts and Ordinances or pretended Acts or Ordinances made by both or either Houses of Parliament or any Convention assembled under the name of a Parliament or by Oliver Cromwell late stiled Protector of the Commonwealth of England Scotland and Ireland and the Dominions thereto belonging and his Council Warranting or Directing such Procéedings had béen Good True and Effectual Acts of Parliament Fines Levied without Entry of Licentia concordandi And whereas since the death of the late King several Fines have béen Levied without any Entry or due Entring of any sum paid pro licentia concordandi commonly called the Kings Silver and without Entry or due Entry of any sum given to the party for the Concord And also whereas in the Term of St. Michael last past several Fines were Levied and Recorded in the Court of Common Pleas before one Iudge onely of the said Court Be it Enacted That the said Fines and Proclamations thereupon and every of them shall be good and effectual notwithstanding the defects aforesaid Fines and Recoveries of Lands in Com Palatin Durham And be it also further Enacted That all Fines Proclamations of Fines Recoveries and other Iudicial procéedings in the Court of Common Pleas at Westminster since the death of His late Majesty King Charles the First Had Levied or Suffered of any Lands lying in the County Palatine of Durham shall be good and effectual notwithstanding the said Lands were lying in the said County Palatine The Illegal Acts and Proceedings of that High Court of Iustice not allowed Provided That this Act or any thing there in contained shall not be Construed Deemed or Adjudged to make good allow confirm or countenance any the Procéedings in the late Illegal and Vn-warranted High Courts of Iustice or so called or any of them And whereas since the first day of May in the year of our Lord One thousand six hundred forty one and before the Five and twentieth day of April in the year of our Lord One thousand six hundred and sixty there were divers persons that Adhered to both Houses of Parliament who for or in respect of such their adherence were Indicted Charged or Impeached of Treason And whereas since the said first Day of May in the Year of our Lord One thousand six Hundred Forty one and before the said Five and twentieth day of April in the Year of our Lord One thousand six hundred and sixty divers persons who adhered to His Majesty or to the late King were for such their adherence Charged Impeached or Indicted of High Treason Indictments c. and all Grants thereupon made void Be it further Provided and Enacted That the said Charges Impeachments Indictments and all Exigents Outlawries Convictions and Attainders thereupon and all Letters Patents and Grants thereupon made of any Manors Lands Tenements or
Hereditaments Escheated or Forfeited by reason of such Attainder and all Title to any Measne Profits by reason of such Conviction Outlawry Attainder or Grant be from henceforth repealed and discharged And that all Escheats Forfeitures and Confiscations by reason of such Outlawries Conviction or Attainder Be and are hereby restored unto such persons so Outlawed Convicted or Attainted their Heirs Executors and Administrators respectively as if no such Attainder had béen Sales made by Ordinance of Parliament Provided Nevertheless And be it Enacted That this Act or any thing herein contained shall not extend to avoid or confirm any Sales or Estates made by vertue or pretence of any Act Order or Ordinance or reputed Act Order or Ordinance of Parliament since the first day of May in the Year of our Lord One thousand six hundred forty two nor any Confirmation thereof made or to be made thereof in this present Parliament but that such sales stand and be in the same plight and condition as they should or might have done if this Act had not béen made Recognizances Obligations c. in the names of the late Protector And be it further Enacted by the Authority aforesaid That all Recognizances Obligations or other Securities made or given to the Kéepers of the Liberty of England by Authority of Parliament or to Oliver Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions thereunto belonging or to Oliver Lord Protector of the Common-wealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging Or to Richard Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging and not pardoned or discharged by any Act passed or to be passed this present Parliament or otherwise other then such Recognizances Obligations and Securities as have béen made and given to any the pretended power or persons aforesaid or to any deriving or pretending to derive Authority from them by any person or persons for or by reason of their adherence to His Majesty or His said late Royal Father or relating to or arising only upon or in respect of the late Troubles All which are hereby declared to be void and to be delivered up to be Cancelled And all Iudgments Extents Inquisitions Executions and Seizures had for the said Kéepers or Protectors or any of them and not likewise pardoned or discharged other then as aforesaid shall and may be had and prosecuted in the name and to the use of his Majesty his Heirs or Successors and also excepting all Obligations Bonds or Recognizances entred into to the said Kéepers or Protectors or any of them by any person or persons by Order or Direction of any Council of State Committée of Safety Major Generals Decimators or any Officer or other person under them or any other Military power all which Obligations Bonds and Recognizances are hereby discharged and declared to be null and void to all intents and purposes Provided also and be it Enacted That this Act or any thing therein contained Iustices Serjeants c. Commissioners of Sewers shall not extend to continue after the Eighth day of May in the year of our Lord One thousand six hundred and sixty any Iustice or Iustices of one Bench or the other or Barons of the Exchequer Serjeants at Law Commissions of Sewers Commissions of Bankrupts or of charitable uses made or constituted by or in the Name or Stile of any the late pretended powers or authorities Provided alwayes That it shall and may be lawful to and for every person and persons Writs of Errour may be brought who shall find themselves grieved or damnified by any Iudgment Fine Recovery Decrée or Sentence given made levied granted or pronounced in any of the said Courts to procéed in due form of Law either by Writ of Errour Bill of Review Appeal or other lawful remedy for the Reversing Annulling or Revoking of the same in such manner as they might at any time heretofore have done if the said Courts had béen established by lawful Authority other then for those Errours and Defects which are remedied or provided for by this Act. Provided alwayes And be it further Enacted by the Authority aforesaid Non-claim upon Fines of lands sold by Ordinance of Parliament That no Non-claim upon or after any Fine or Fines hereby made good or confirmed shall extend or be construed to Bar or Prejudice any person or persons their Heirs or Successors or their Feoffées or Trustées other then the parties to the said Fines and their Heirs general and special and his and their Trustées as concerning such Right Claim and Interest as they had in or to any Lands Tenements or other Hereditaments which by colour of any Act Order or Ordinance of both or either Houses of Parliament or any Convention sitting at Westminster under the Name or Stile or assuming the Name or Stile of a Parliament since the First day of May in the year of our Lord One thousand six hundred forty and two and before the Five and twentieth day of April in the year of our Lord one thousand six hundred and sixty were Sold Conveyed or Disposed as then or late the Lands Tenements and Hereditaments of the King Quéen or Prince or of Archbishops Bishops Deans Deans and Chapters or other Ecclesiastical persons or as the Lands Tenements and Hereditaments of any other persons for their Adherency to the late King or his Majesty that now is or for any their Actings relating to or in respect of the late Troubles so alwayes that the said person or persons aforesaid their Heirs or Successors pursue their Title Claim or Interest by way of Action or lawful Entry within five years next after the Nine and twentieth day of May in the year of our Lord one thousand six hundred and sixty And although in this Confirmation of Iudicial Procéedings The late Government declared to be usurped it was necessary to mention Divers pretensed Acts and Ordinances by the Names and Stiles which those Persons then Vsurped who took upon them to pass the same Namely some by the Stile and Name of the Kéepers of the Liberty of England by Authority of Parliament and others by the Name and Stile of Protectors of the Commonwealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging Yet this present Parliament doth Declare and it is further Enacted by Authority of the same That the Names and Stiles aforesaid and every of them are most Rebellious Wicked Trayterous and Abominable Vsurpations Detested by this present Parliament Recognition of his Majesties just title as Opposite in the Highest Degrée to His Sacred Majesties most Iust and Vndoubted Right to whom and to his Heirs and Lawful Successors the Imperial Crowns of the Realms of England Scotland and Ireland with their and every of their Dominions and Territories do of Right appertain and as violating and Infringing the just Rights and
Protection or Wager of Law shall be allowed And be it further Enacted by the Authority aforesaid That for every Ship or Vessel which from and after the Five and twentieth day of December Ships of England Ireland or Wales Sailing to any English plantation of America Asia or Africa shall be bound with sureties to bring goods there loaded into England c. in the year of our Lord one thousand six hundred and fifty shall set sail out of or from England Ireland Wales or Town of Berwick upon Tweed for any English Plantation in America Asia or Africa sufficient bond shall be given with one surety to the chief Officers of the Custom-house of such Port or place from whence the said Ship shall set sail to the value of one thousand pounds if the ship be of less burthen then one hundred Tuns and of the sum of two thousand pounds if the Ship shall be of greater burthen That in case the said ship or vessel shal load any of the said Commodities at any of the said English plantations that the same Commodities shall be by the said ship brought to some Port of England Ireland Wales or to the Port or Town of Berwick upon Tweed and shall there unload and put on shore the same the danger of the Seas only excepted And for all ships coming from any other Port or Place to any of the aforesaid plantations who by this Act are permitted to trade there that the Governor of such English plantations shall before the said ship or Vessel be permitted to load on board any of the said Commodities take Bond in manner and to the value aforesaid for each respective Ship or Vessel That such Ship or Vessel shall carry all the aforesaid Goods that be laden on board in the said ship to some other of His Majesties English Plantations or to England Ships coming from other places to any of those plantations Ireland Wales or Town of Berwick upon Tweed And that every ship or Vessel which shall load or take on board any of the aforesaid Goods untill such Bond given to the said Governor or Certificate produced from the Officers of any Custom-house of England Ireland Wales or of the Town of Berwick that such bonds have béen there â—â—ly given shall be forefeited with all her Guns Tackle Apparel and Furniture to be imployed and recovered in the manner as aforesaid And the said Governors and every of them shall twice in every year after the First day of January The respective Governors to return the bonds taken twice yearly to the chief offices of the custom in London One thousand six hundred and sixty return true Copies of all such Bonds by him so taken to the chief Officers of the Customs in London St. 13. Car. 2. cap. 14. CAP. XIX For preventing Frauds and concealments of Customs and Subsidies BE it Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords and Commons in this present Parliament assembled That if any person or persons at any time after the first day of September One thousand six hundred and sixty Persons which shall convey away any goods without entry agreement for the custome shall cause any Goods for which Custom Subsidy or other Duties are due or payable by vertue of the Act passed this Parliament Entituled A Subsidy Granted to the King of Tunnage and Poundage and other sums of money payable upon Merchandize Exported and Imported to be landed or conveyed away without due entry thereof first made and the Customer or Collector or his Deputy agréed with That then and in such case upon Oath thereof made before the Lord Treasurer or any of the Barons of the Exchequer or chief Magistrate of the Port or place where the offence shall be committed or the place next adjoyning thereunto The penalty it shall be lawful to and for the Lord Treasurer or any of the Barons aforesaid or chief Magistrate of the Port or place where the offence shall be committed or the place next adjoyning thereunto to issue out a Warrant to any person or persons thereby enabling him or them with the assistance of a Sheriff Iustice of Peace or Constable to enter into any house in the day time where such Goods are suspected to be concealed and in case of resistance to break open such houses and to seize and secure the same goods so concealed And all Officers and Ministers of Iustice are hereby required to be aiding and assisting thereunto Provided alwayes That no house shall be entred by vertue of this Act No proceeding against any upon this Act unless within one month after the offence committed The continuance of this Act. Damages and costs against false informers unless it be within the space of one Moneth after the offence supposed to be committed Provided also That this Act shall continue in force unto the end of the first Session of the next Parliament and no longer Provided also That if the Information whereupon any house shall come to be searched shall prove to be false that then and in such case the party injured shall recover his full damages and costs against the Informer by Action of Trespass to be therefore brought against such Informer St. 13 Car. 2. cap. 7. CAP. XX. For raising Sevenscore thousand pounds for the compleat Disbanding of the whole Army and paying off some part of the Navy by a two Moneths Assesment of 70000 l. per mensem beginning from the first of November 1660. EXP. Stat. 13 Car. 2. cap. 6. CAP. XXI An Act for the speedy raising of Seventy thousand pounds for the present supply of His Majesty EXP. Stat. 13 Car. 2. cap. 6. cap. 10. CAP. XXII Bay-making in the Dutch Bay-Hall in Colchester regulated CAP. XXIII Certain Impositions upon Beer Ale and other Liquors For the Encrease of His Majesties Revenue during His Life THe Commons assembled in Parliament in gratitude for an humble acknowledgment of Your Majesties great Grace and Favour to us Your Commons beyond Example of any Your Royal Progenitors expressed in many publick Acts and Declarations to the great rejoycing and general satisfaction of all Your people The raâ—es given to his Majesty for life which they desire to answer with returns suitable and excéeding the Examples of any of their Ancestors for the encreasing of your Maiesties Revenue during Your Maiesties Reign which God long continue Do therefore give and grant unto your most Excellent Majesty the Rates and Duties Impositions Charges and sums of Money herein after following And do beséech your Majesty that it may be Enacted And be it Enacted by the Kings most Excellent Maiesty by and with the advice and consent of the Lords and Commons in Parliament Assembled That from and after the twenty fifth day of December One thousand six hundred and sixty there shall be throughout your Maiesties Kingdom of England Dominion of Wales and Town of Berwick upon Tweed
two or more credible witnesses in such manner and from time to time as he shall respectively think fit to dispose of the custody and tuition of such child or children for and during such time as he or they shall respectively remain under the age of 21 years or any lesser time to any person or persons in possession or remainder other then Popish Recusants And that such disposition of the custody of such child or children made since the 24th of February Actions of ravishment of wards 1645. or hereafter to be made shall be good and effectual against all and every person or persons claiming the custody or tuition of such child or children as Guardian in soccage or otherwise And that such person or persons to whom the custody of such child or children hath béen or shall be so disposed or devised as aforesaid shall and may maintain an action of Ravishment of Ward or Trespass against any person or persons which shall wrongfully take away or detain such child or children for the recovery of such child or children and shall and may recover damages for the same in the said Action for the use and benefit of such child or children And be it further Enacted The sands of children and the management of their personal estate by their guardians That such Person or Persons to whom the custody of such Child or Children hath béen or shall be so disposed or devised shall and may take into his or their custody to the use of such Child or Children the profits of all Lands Tenements and Hereditaments of such Child or Children and also the custody tuition and management of the Goods Chattels and personal Estate of such Child or Children till their respective Age of 21 years or any lesser time according to such disposition aforesaid and may bring such Action or Actions in relation thereunto as by Law a Guardian in common soccage might do Provided also That this Act or any thing therein contained shall not extend to alter or preiudice the custom of the City of London nor of any other City or Town Corporate or of the Town of Berwick on Tweed concerning Orphants nor to discharge any Apprentice from his Apprenticeship Provided also That neither this Act nor any thing therein contained Proviso touching Titles of honour feodal shall infringe or hurt any Title of Honour Feodal or other by which any person hath or may have right to sit in the Lords House of Parliament as to his or their Title of Honour or sitting in Parliament and the priviledge belonging to them as Péers This Act or any thing therein contained to the contrary in any wise notwithstanding And whereas by like experience it hath béen found Purveyances and provisions for the Kings house-hold taken away Alt. St. 13 Car. 2. cap. 7. that though divers good strict and wholesome Laws have béen made in the times of sundry his Majesties most noble Progenitors some extending so far as to life for Redress of the grievances and oppressions committed by the persons imployed for making provisions for the Kings houshold Carriages and other purveyance for his Majesty and his occasions Yet divers oppressions have béen still continued and several Counties have submitted themselves to sundry Rates and Taxes and Compositions to redéem themselves from such vexations and oppressions And forasmuch as the Lords and Commons assembled in Parliament do find that the said Remedies are not fully effectual and that no other remedy will be so effectual and just as to take away the occasion thereof especially if satisfaction and recompence shall be therefore made to his Maiesty his Heirs and Successors which is hereby provided to his Majesties good liking and content His Majesty is 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 and Commons in this present Parliament assembled That from henceforth no sum or sums of Money or other thing shall be taken raised tared rated imposed paid or levied for or in regard of any provision Carriages or purveyance for his Majesty His Heirs or Successors Purveyances for the King Queen c. And that henceforth no person or persons by any Warrant Commission or Authority under the Great Seal or otherwise by colour of buying or making provision or purveyance for his Majesty or any Quéen of England for the time being or of any the Children of any King or Quéen of England for the time being Timber Carts Carriages c. taken away or that shall be or for his their or any of their Houshold shall take any Timber Fewel Cattel Corn Grain Mault Hay Straw Victual Cart Carriage or other thing whatsoever of any the Subjects of His Majesty His Heirs or Successors without the free and full consent of the Owner or Owners thereof had and obtained without menace or enforcement nor shall summon warn take use or require any the said Subjects to furnish or find any Horses Oxen or other Cattel Carts Ploughs Wains or other Carriages for the use of His Majesty His Heirs or Successors or of any Quéen of England or of any Child or Children of any the Kings or Quéens of England for the time being for the carrying the Goods of His Majesty His Heirs or Successors or the said Quéens or Children or any of them without such full and frée consent as aforesaid any Law Statute Custom or Vsage to the contrary notwithstanding No pre-emption to be allowed or claimed in behalf of the King c. And be it further Enacted That no pre-emption shall be allowed or claimed in the behalf of His Majesty or of any His Heirs or Successors or of any the Quéens of England or of any the Children of the Royal Family for the time being in Market or out of Market but that it be for ever hereafter frée to all and every of the Subjects of His Majesty to sell dispose or employ his said Goods to any other person or persons as himself listeth any pretence of making provision or purveyance of Victual Carriages or other thing for his Majesty His Heirs or Successors or of the said Quéens or Children or any pretence of pre-emption in their or any of their behalfs notwithstanding And if any person or persons shall make provision or purveyance for His Majesty His Heirs or Successors The Penalty or any the Quéens or Children aforesaid or impress or take any such Carriages or other things aforesaid on any pretence or colour of any Warrant aforesaid under the Great Seal or otherwise contrary to the intent hereof it shall be be lawful for the Iustices of Peace or such two or one of them as dwell near and to the Constables of such parish or Village where such occasion shall happen at the request of the party grieved And they are hereby enioyned to commit or cause to be committed the party or parties so doing and
offending till satisfaction be made Power to mitigate the forfeitures Provided nevertheless That it shall and may be lawful to and for the said respective Iustices of Peace Commissioners for Excise or any two of them or their Sub-Commissioners respectively from time to time where they shall sée cause to mitigate compound or lessen such forfeiture penalty or fine as in their discretion they shall think fit And that every such mitigation and payment thereupon accordingly made shall be a sufficient discharge of the said penalties and forfeitures to the persons so offending so as by such mitigation the same be not made less than double the value of the duty of Excise which should or ought to have béen paid besides the reasonable costs and charges of such Officer or Officers or others as were imployed therein to be to them allowed by the said Iustices any thing in this Act to the contrary in any wise notwithstanding How the forfeitures shall be imployed And it is hereby further Enacted and Ordained That all Fines Forfeitures and Penalties mentioned in this Act all necessary charges for the recovery thereof being first deducted shall be imployed thrée fourth parts thereof to and for the use of the Kings Majesty and one fourth part to the Discoverer or Informer of the same And for the better managing collecting securing levying and recovering of all and every the said rates and charges of Excise hereby imposed and set upon all or any of the Commodities before mentioned One principal Office of Excise erected in London to the end the same may be paid and disposed of according to the intent of this present Act Be it further Enacted and Ordained by the authority aforesaid and it is hereby Enacted That one principal Head-Office shall be erected and continued in the City of London or within ten miles thereof from time to time as long as his Majesty shall think fit for this duty unto which all other Offices for the same within England and Wales and the Town and Port of Berwick shall be subordinate and accomptable Which said Office shall be managed by such Officers as shall be appointed by the Kings Majesty as aforesaid who or any two of them are hereby appointed and constituted Commissioners and Governours for the management of His Majesties Receipt of the Excise and to sit in some convenient place in the City of London or within ten miles thereof from time to time as long as his Majesty shall think fit And be it Enacted by the Authority aforesaid That no person or persons shall be capable of intermedling with any Office or Imployment relating to the Excise until he or they shall before two or more Iustices of Peace in the County where his or their imployments shall be or before one of the Barons of the Exchequer take the Oaths of Allegiance and Supremacy which Oaths they have hereby power to Administer together with this Oath following Mutatis Mutandis The Oath YOU shall swear to execute the Office of _____ truly and faithfully without Favour or Affection and shall from time to time true Accompt make and deliver to such person and persons as His Majesty shall appoint to receive the same and shall take no Fee or Reward for the Execution of the said Office from any other person than from His Maiesty or those whom His Majesty shall appoint in that behalf London Westminster c. to be under the management of the chief Office And be it further Enacted by the Authority aforesaid That every such Iustice of Peace shall certify the taking of such Oath to the next Quarter-Sessions there to be Recorded And it is further Enacted That all parts of the Cities of London and Westminster with the Burrough of Southwark and the several Suburbs thereof and Parishes within the wéekly Bills of Mortality shal be under the immediate care inspection and management of the said Head-Office and such and so many subordinate Commissioners All Commissioners c. to be nominated by his Maiesty and Sub-Commissioners and other Officers and Ministers for the Execution of the Premisses shall be from time to time nominated and appointed by His Maiesty his Heirs and Successors in all and every other the Counties Cities Towns and Places within this Kingdom of England Dominion of Wales and Port of Berwick as from time to time his Majesty his Heirs and Successors shall think fit And it is hereby further Enacted That the said Office of Excise in all places where it shall be appointed shall be kept open from eight of the Clock in the morning Times in which the Office shall be kept open till twelve of the Clock at noon and from two of the Clock in the Afternoon till five of the Clock in the Afternoon for the due execution and performance of all and every the matters and things in this Act appointed and required And it is further hereby Enacted That the said Chief Commissioners of Excise or the major part of them shall from time to time issue forth and pay such sum and sums of money as shall from time to time be received collected or levyed by vertue of this Act into his Majesties Receipt of Exchequer The general â—â—â—ue pleadable in any action upon this Statute Provided alwayes and be it Enacted That if any person or persons shall at any time be sued or prosecuted for any thing by him or them done or executed in pursuance of this Act he or they shall and may plead the general issue and give this Act in evidence for his defence and if upon the Tryal a Verdict shall pass for the Defendant or Defendants or the Plaintiff or Plaintiffs be Non-suit then such Defendant or Defendants shall have double costs to him or them awarded against such Plaintiff or Plaintiffs Writs of Certiorari no supersedeas Provided also and be it Enacted That no Writ or Writs of Certiorari shall supersede Execution or other Procéedings upon any Order or Orders made by the Iustices aforesaid in pursuance of this Act but that Execution and other procéedings shall and may be had and made thereupon any such Writ or Writs or allowance thereof notwithstanding Proviso as to the Act of General pardon Provided That this Act or any thing therein contained shall not extend or be construed to extend in any matter to weaken or invalidate one Act of this present Parliament Entituled An Act of Free and General Pardon Indempnity and Oblivion but that every Clause Article Matter and thing therein mentioned and comprised shall notwithstanding this Act or any matter or thing therein remain good and valid and be of the same force vertue and effect as if this Act had never béen made Provided alwayes and be it further Enacted That this Act or any thing therein contained Proviso concerning Ed. Backwell shall not be prejudicial to Edward Backwell Alderman of London as to the sum of twenty eight thousand four hundred
true intent of this Act shall be forfeited and that every offender and offenders therein shall forfeit twenty shillings for every such Shéep and thrée shillings for every pound weight of such Wooll Woolfells Mortlings Shorlings Yarn made of Wooll Woollflocks Fullers Earth or Fulling Clay And also the Owners of the said Ships or Vessels knowing such offence shall forfeit all thei◠Interest in the said Ships or Vessels with all their Apparrel and Furniture to them and every of them belonging And that the Master and Mariners thereof knowing such offence and wittingly and willingly aiding and assisting thereunto shall forfeit all their Goods and Chattels and have Imprisonment for the same thrée moneths without Bail or Main-prise the one moyety of which said penalties and forfeitures shall be to the Kings Majesty His Heirs and Successors and the other moyety to him that will sue for the same by Action of Debt Bill Plaint or Information in any of His Majesties Courts of Record or before the Iustices of Assize or in the General Quarter Sessions of the Peace In which Suit no Essoyn protection or wager of Law shall be allowed The penalty upon any Merchant that shall transport woolls c. And be it further Enacted That if any Merchant or other person or persons shall after the said fourtéenth day of January transport or cause to be transported any Shéep Wooll Woolfells Mortlings Shorlings Woollen Yarn Woolflocks Fullers Earth or Fulling Clay contrary to the true intent of this Act and be thereof lawfully convicted That then he shall be disabled to require any Debt or Accompt of any Factor or others for or concerning any Debt or Estate properly belonging to such offender Proviso Provided alwayes and it is nevertheless declared That this Act or any thing therein contained shall not be construed to take away any greater pains or penalties inflicted or to be inflicted for any the offences aforesaid by vertue of any former Act of Parliament now in force Offences against this Act where to be tryed And be it also further Enacted by the authority aforesaid That every offence that shall be done or committed contrary to this Act shall and may be inquired of and heard examined tryed and determined in the County where such Shéep Wooll Woolfells Mortlings Shorlings Yarn made of Wooll Woolflocks Fullers Earth or Fulling Clay respectively shall be so packed loaden or laid aboard as aforesaid contrary to this Act or else in the County where such Offenders shall happen to be apprehended or arrested for such offence in such manner and form and to such effect to all intents and purposes as if the same offence had béen wholly and altogether done and committed at and in such County They to be Prosecuted within a year after the offence committed Any person may seize goods contrary to this Act loaded with intent to be transported and shall have the moyety thereof Provided alwayes and be it Enacted by the Authority aforesaid That no person or persons whatsoever shall at any time hereafter be impeached for any offence aforesaid unless such person or persons shall be prosecuted within the space of one year next ensuing such offence committed And be it further Enacted by the Authority aforesaid That it shall and may be lawful to and for any person or persons to seize take and challenge to his or their own use and behoof and to the use of the King His Heirs and Successors all and all manner such Shéep Wooll Woolfells Mortlings Shorlings Yarn made of Wooll Woollflocks Fullers Earth and Fulling Clay as he or they shall happen to sée finde know or discover to be laid aboard in any Ship or other Vessel or Boat or to be brought carried or laid on shore at or near the Sea or any Navigable River or Water to the intent or purpose to be exported transported or conveyed out of the Kingdoms of England or Ireland Town of Berwick Isles or Dominion aforesaid contrary to the true meaning of this Act or to be packed or loaden upon any Horse Cart or other Carriage to the intent or purpose to be conveyed or carried into the Kingdom of Scotland aforesaid and that such person or persons as shall happen so to seize take or challenge any such Shéep Wooll Woolfells Mortlings Shorlings Yarn made of Wooll Woolflocks Fullers Earth or Fulling Clay as aforesaid shall have the full moyety thereof to all intents and purposes Proviso such person shall not be evidence against the offender Provided alwayes That such Person or Persons as shall make any such Seizure or challenge aforesaid to his or their own use shall not be admitted or allowed to give in Evidence upon his or their Oath or Oaths against any Person or Persons which shall happen to be indicted accused or questioned by vertue of this Act or any thing therein contained Forfeiture of the ship if the owner be an Alien or not Inhabiting in England And furthermore be it Enacted by the Authority aforesaid That all and every ship Vessel Hulk Barge or Boat of what kind soever whereof any Alien born or whereof any natural born Subjects not inhabiting within the Realm of England shall be owner or part-owner and wherein any Shéep Wooll Woolfells Mortlings Shorlings Yarn made of Wool Woolflocks Fullers Earth or Fulling Clay shall happen to be shipped put or laid aboard contrary to the true meaning of this Act shall be forfeited to the Kings Majesty His Heirs and Successors Provided alwayes That this Act shall not extend to any Lamb Skin ready drest and prepared fit and useful for Furr or Lynings Proviso Provided also That this Act shall not in any wise extend to the transporting carrying or conveying away of any such Woolfells or Pelts with such Wooll upon them or to any Beds stuffed with Flocks which shall be carried or imployed in any Ship or other Vessel for necessary use only of and about the Ordnance or other thing in or concerning such Ship or Vessel or only for the necessary use of any the Persons in such Ship or Vessel passing or being and which shall not be sold or uttered in any Forreign parts out of the Kingdoms of England or Ireland Ireland Berwick or Town of Berwick Isles or Dominion aforesaid nor to the exporting transporting carrying or conveying of any Wether-shéep or of the Wooll growing upon any such Wether-shéep to be carried alive in any Ship or other Vessel for and towards the only necessary food or diet of or for the Company or Passengers or other Persons therein and for and towards none other purpose Proviso Southampton Jersey Guernsey Provided alwayes and be it further Enacted That this Act or any thing therein contained shall not extend to any such Wooll to be exported or transported out of or from the Port of Southampton only unto the aforesaid Isles of Jersey and Guernsey by or for the only use or behoof of any the Inhabitants of
direction or true intent of any Act or Ordinance or reputed Act or Ordinance of one or both houses of Parliament or of any Convention sitting at Westminster under the Name Stile or Title of a Parliament or assuming that Name Stile or Title shall be and shall be adjudged estéemed and taken to be and to have béen of the same and no other force and effect as if such Marriages had béen had and solemnized according to the Rites and Ceremonies established or used in the Church or Kingdom of England any Law Custom or Vsage to the contrary thereof notwithstanding Issues upon lawfulness of marriages already joyned shall be cryed by Iury And be it further Enacted that where in any Suit commenced or to be commenced in any of the Courts of the common Law any issue hath béen joyned and not already tryed or determined or shall be joyned upon the point of Bastardy or unlawfulness of marriage for or concerning the marriages had and solemnized as aforesaid the same issues shall be tryed by Iury of Twelve Men according to the course of Trial of other issues tryable by Iury at the Common Law and not otherwise Bastardy any Law Statute or Vsage to the contrary thereof in any wise notwithstanding Stat. 13 Car. 2. cap. 11. CAP. XXXIV The Planting Setting or Sowing of Tobacco in England and Ireland prohibited YOur Majesties Loyal and Obedient Subjects The Lords and Commons in this present Parliament assembled considering of how great concern and importance it is That the Colonies and Plantations of this Kingdom in America be defended Protected Maintained and kept up and that all due and possible encouragement be given unto them and that not not only in regard great and considerable Dominions and Countries have béen thereby gained Importance of the plantations of America and added to the Imperial Crown of this Realm But for that the strength and welfare of this Kingdom do very much depend upon them in regard of the employment of a very considerable part of its Shipping and Seamen and of the vent of very great quantities of its Native Commodities and Manufactures as also of its supply with several Commodities which it was wont formerly to have only from Forraigners and at far dearer Rates And forasmuch as Tobacco is one of the main products of several of those Plantations and upon which their Welfare and Subsistence and the Navigation of this Kingdom and vent of its Commodities thither do much depend and in regard it is found by experience That the Tobaccoes Planted in these parts are not so good and wholsome for the Takers thereof And that by the Planting thereof your Majesty is deprived of a considerable part of your Revenue arising by Customs upon Imported Tobacco Do most humbly pray That it may be Enacted by your Majesty And it is hereby Enacted by the Kings most Excellent Majesty and the Lords and Commons in this present Parliament Assembled and by Authority of the same No person after the 1. Ianuary 1660. shall set or plant any Tobacco That no Person or Persons whatsoever shall or do from and after the first day of January in the year of our Lord One thousand six hundred and sixty Set Plant improve to grow make or cure any Tobacco either in Séed Plant or otherwise in or upon any Ground Earth Field or Place within the Kingdom of England Dominion of Wales Islands of Guernsey or Jersey The penalty or Town of Berwick upon Tweed or in the Kingdom of Ireland under the penalty of the Forfeiture of all such Tobacco or the value thereof or of the sum of forty shillings for every Rod or Pole of Ground so Planted set or Sowen as aforesaid and so proportionably for a greater or lesser quantity of Ground one Moyety thereof to His Majesty His Heirs and Successors And the other Moyety to him or them that shall Sue for the same to be recovered by Bill Plaint or Information in any Court of Record wherein no Essoigne Protection or wager in Law shall be allowed All Sheriffs and other officers may destroy any Tobacco planted contrary to this Act. And it is hereby further Enacted That all Sheriffs Iustices of the Peace Mayors Bailiffs Constables and every of them upon Information or Complaint made unto them or any of them by any the Officers of the Customes or by any other Person or Persons whatsoever That there is any Tobacco set sowen planted or growing within their Iurisdictions or Precincts contrary to this Act shall within ten daies after such Information or Complaint cause to be burnt plucked up consumed or utterly destroyed all such Tobacco so set sowen planted or growing The penalty of any person resisting this act And it is hereby further Enacted That in case any Person or Persons shall resist or make forcible Opposition against any person or persons in the due and through Execution of this Act that every such person or persons for every such Offence shall forfeit the sum of five pounds to be divided and recovered in manner aforesaid And in case any person or persons shall not pay the sums of money by them to be paid by vertue of this Act That in every such case Distress shall be made and Sale thereof returning the Over-plus to the Owners And in case no Distress be to be found That then every such party shall be committed to the Common Goal in the County where such Offence shall be committed there to remain for the space of two moneths without bail or main-prize Proviso for private Gardens Provided alwayes and it is hereby Enacted That this Act nor any thing therein contained shall extend to the hindring of the planting of Tobacco in any Physick Garden of either Vniversity or in any other private Garden for Physick or Chirurgery only so as the quantity so planted excéed not one half of one Pole in any one Place or Garden Stat. 13 Car. 2. cap. 14. CAP. XXXV A Post-Office erected and established WHereas for the maintenance of mutual Correspondencies and prevention of many Inconveniencies happening by private Posts The well ordering of postage and letters of great concernment to Trade several publick Post-Offices have béen heretofore erected for carrying and recarrying of Letters by Posts to and from all parts and places within England Scotland and Ireland and several parts beyond the Seas the well Ordering thereof is a matter of general concernment and of great advantage as well for preservation of Trade and Commerce as otherwise To the end therefore that the same may be managed so that spéedy and safe dispatches may be had which is most likely to be effected by erecting one general Post-Office for that purpose Be it therefore Enacted by the Kings most Excellent Majesty A Letter-office erected in London the Lords and Commons in this present Parliament assembled and by the Authority of the same That there be from henceforth one general Letter-Office erected and
owners thereof Any usage or pretence or any thing in this Act contained to the contrary thereof in any wise notwithstanding Proviso for the rates of all In land letters Provided alwayes and be it Enacted by the Authority aforesaid That all Inland Letters sent by any Pacquet Post established by this Act as aforesaid do and shall pay the rates and prices before mentioned at such Stage where they are last delivered only unless the party that delivers the Letters desireth to pay elsewhere Any thing in this Act to the contrary notwithstanding Provided alwayes That all Letters and other things may be sent or conveyed to or from the Two Vniversities in manner as heretofore hath béen used Any thing herein to the contrary notwithstanding Stat. 13 Car. 2. cap. 7. CAP. XXXVI The Master of the Rolls for the time being impowred to make Leases for years in order to new build the old Houses belonging to the Rolls Pr. St. 13 Car. 2. cap. 6. CAP. XXXVII An Act for making the Precinct of Covent-Garden Parochial PR Anno Regni Caroli II. Regis Angliae Scotiae Franciae Hiberniae Decimo Tertio AT the Parliament begun and holden at Westminster the Eight day of May Anno Dom. 1661. In the Thirteenth Year of the Reign of Our most Gracious Soveraign Lord CHARLES the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. And there continued until Tuesday the Thirtieth of July 1661. and from that day the said Parliament was adjourned unto the Twentieth of November then next following To the pleasure of Almighty God and to the Weal publick of this Realm were Enacted as followeth CAP. I. For Safety of His Majesties Person and Government against Treasonable and Seditious Practices THe Lords and Commons assembled in Parliament déeply weighing and considering the miseries and calamities of well nigh twenty years before your Majesties happy Return The grounds and Inducements of this Act. and withall reflecting upon the causes and occasions of so great and deplorable conclusions do in all humility and thankfulness acknowledg Your Majesties incomparable Grace and Goodness to your People in your Frée and General Pardon Indempnity and Oblivion by which your Majesty hath béen pleased to deliver your Subjects not only from the punishment but also from the reproach of their former miscarriages which unexampled Piety and Clemency of Your Maiesty hath enflamed the hearts of us your Subjects with an ardent desire to express all possible zeal and duty in the care and preservation of your Majesties Person in whose Honour and Happiness consists the good and welfare of your People and in preventing as much as may be all Treasonable and Seditious Practices and Attempts for the time to come And because the growth and encrease of the late Troubles and Disorders did in a very great measure procéed from a multitude of Seditious Sermons Pamphlets and Spéeches daily preached printed and published Seditious Sermons Pamphlets and Speeches with a transcendent boldness defaming the Person and Government of Your Majesty and Your Royal Father wherein men were too much encouraged and above all from a wilful mistake of the Supream and lawful Authority whilst men were forward to cry up and maintain those Orders and Ordinances Oaths and Covenants to be Acts Legal and Warrantable which in themselves had not the least colour of Law or Iustice to support them from which kind of distempers as the present age is not yet wholly fréed so posterity may be apt to relapse into them if a timely remedy be not provided We therefore the Lords and Commons in Parliament assembled having duly considered the premisses 13 El. cap. 1. and remembring that in the Thirtéenth year of the Reign of Quéen Elizabeth of ever blessed memory a right good and profitable Law was made for preservation of her Majesties Person Do most humbly beséech your most Excellent Majesty that it may be Enacted What shall be adjudged Treason during the life of the King and be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords and Commons in this present Parliament assembled and by Authority of the same That if any person or persons whatsoever after the Four and twentieth day of June in the year of our Lord One thousand six hundred sixty and one during the natural life of our most Gracious Soveraign Lord the King whom Almighty God preserve and bless with a long and prosperous Reign shall within the Realm or without compass imagine invent devise or intend death or destruction or any bodily harm tending to death or destruction maim or wounding imprisonment or restraint of the person of the same our Soveraign Lord the King or to deprive or depose him from the Stile Honour or Kingly name of the Imperial Crown of this Realm or of any other his Majesties Dominions or Countries or to levy War against his Majesty within this Realm or without or to move or stir any Forreiner or Strangers with Force to invade this Realm or any other his Majesties Dominions or Countries being under his Majesties Obeysance Being declared and proved by two witnesses And such compassings Imaginations Inventions Devices or Intentions or any of them shall express utter or declare by any Printing Writing Preaching or Malicious and advised speaking being legally convicted thereof upon the Oaths of two lawful and credible witnesses upon tryal Convicted by due course of Law or otherwise convicted or attainted by due course of Law then every such person and persons so as aforesaid offending shall be déemed declared and adjudged to be Traytors and shall suffer pains of death and also lose and forfeit as in cases of High Treason Offences during his Majesties life which disable persons to bear any Office And be it further Enacted by the Authority aforesaid That if any person or persons at any time after the Four and twentieth day of June in the year of our Lord One thousand six hundred sixty and one during his Majesties life shall maliciously and advisedly publish or affirm the King to be an Heretick or a Papist or that he endeavours to introduce Popery or shall maliciously and advisedly by writing printing preaching or other speaking express publish utter or declare any words sentences or other thing or things to incite or stir up the people to hatred or dislike of the Person of his Majesty or the established Government then every such person and persons being thereof Legally convicted shall be disabled to have or enjoy and is hereby disabled and made incapable of having holding enjoying or exercising any place office or promotion Ecclesiastical Peerage Civil or Military or any other imployment in Church or State other then that of his Péerage and shall likewise be lyable to such further and other punishments as by the Common Laws or Statutes of this Realm may be inflicted in such cases Stat. 17
Car. 1. cap. 7. The Parliament begun 3. of No. 1640. not in being Stat. 13 Car. 2. cap. 1. And to the end that no man hereafter may be misled into any seditious or unquiet demeanor out of an opinion that the Parliament begun and held at Westminster upon the third day of November in the year of Our Lord One thousand six hundred and forty is yet in being which is undoubtedly dissolved and determined and so is hereby declared and adjudged to be fully dissolved and determined or out of an opinion that there lies any obligation upon him from any Oath Covenant or Engagement whatsoever No Legislative power in either or both Houses of Parliament without the King to endeavour a change of Government either in Church or State or out of an Opinion that both Houses of Parliament or either of them have a Legislative Power without the King All which Assertions have béen seditiously maintained in some Pamphlets lately Printed and are daily promoted by the active enemies of our Peace and Happiness Be it therefore further Enacted by the Authority aforesaid That if any person or persons at any time after the Four and twentieth day of June in the year of our Lord One thousand six hundred sixty and one shall malitiously and advisedly by writing Printing Preaching or other speaking express publish utter declare or affirm That the Parliament begun at Westminster upon the Third day of November in the year of our Lord One thousand six hundred and Forty is not yet dissolved or is not determined or that it ought to be in being or hath yet any continuance or existence or that there lies any Obligation upon him or any other person from any Oath Covenant or Engagement whatsoever to endeavour a change of Government either in Church or State or that both Houses of Parliament or either House of Parliament have or hath a Legislative Power without the King Premunire or any other words to the same effect That then every such person and persons so as aforesaid offending shall incur the danger and penalty of a Premunire mentioned in a Statute made in the Sixtéenth year of the Reign of King Richard the Second The Solemn League and Covenant unlawful and illegally imposed Certain Orders and Ordinances of both or either Houses of Parliament declared void Proviso the said Orders c. may be made use of according to the Act of Indempnity Stat. 12 Car. 2. cap. 11. And it is hereby also declared That the Oath usually called the Solemn League and Covenant was in it self an unlawfull Oath and imposed upon the Subjects of this Realm against the Fundamental Laws and Liberties of this Kingdom and that all Orders and Ordinances or pretended Orders and Ordinances of both or either Houses of Parliament for imposing of Oaths Covenants or Engagements Levying of Taxes or Raising of Forces and Arms to which the Royal assent either in Person or by Commission was not expresly had or given were in their first creation and making and still are and so shall be taken to be null and void to all intents and purposes whatsoever Provided nevertheless That all and every person and persons Bodies Politick and Corporate who have béen or shall at any time hereafter be questioned for any thing acted or done by colour of any the orders or Ordinances herein before mentioned and declared to be null and voyd and are Indempnified by an Act entituled An Act of free and General Pardon Indempnity and Oblivion made in the Twelfth year of His Majesties Reign that now is or shall be Indempnified by anâ— Act of Parliament shall and may make such use of the said Orders and Ordinances for their Indempnity according to the true intent and meaning of the said Act and no other as he or they might have done if this Act had not béen made any thing in this Act contained to the contrary notwithstanding No person to be prosecuted for any offences in this Act other then Treason unless by special order from his Majesty And within six moneths after the offence committed Treasons and offences within this Act to be proved by two witnesses viva vâ—â—â— Provided alwayes That no person be prosecuted for any of the offences in this Act mentioned other then such as are made and declared to be high Treason unless it be by Order of the Kings Majesty his Heirs or Successors under his or their Sign Manual or by Order of the Council Table of his Majesty his Heirs or Successors directed unto the Attorney-General for the time being or some other of the Council learned to his Majesty his Heirs or Successors for the time being nor shall any person or persons by vertue of this present Act incur any of the penalties herein before mentioned unless he or they be prosecuted within six moneths next after the Offence committed and indicted thereupon within thrée moneths after such prosecution any thing herein contained to the contrary notwithstanding Provided alwayes and be it Enacted That no person or persons shall be indicted arraigned condemned convicted or attainted for any of the Treasons or Offences aforesaid unless the same Offender or Offenders be thereof accused by the Testimony and deposition of two lawful and credible Witnesses upon Oath which witnesses at the time of the said Offender or Offenders arraignment shall be brought in person before him or them face to face and shall openly avow and maintain upon Oath what they have to say against him or them concerning the Treason or Offences contained in the said Indictment unless the party or parties arraigned shall willingly without violence confess the same Proviso for the Priviledg at Debates in Parliament For repeal or alteration of Laws or redressing publick Grievances Provided likewise and be it Enacted That this Act or any thing therein contained shall not extend to deprive either of the Houses of Parliament or any of their Members of their just ancient Fréedom and Priviledg of debating any matters or business which shall be propounded or debated in either of the said Houses or at any Conferences or Committées of both or either of the said Houses of Parliament or touching the repeal or alteration of any old or preparing any new Laws or the redressing of any publick Grievance but that the said Members of either of the said Houses and the Assistants of the House of Péers and every of them shall have the same fréedom of spéech and all other Priviledges whatsoever as they had before the making of this Act any thing in this Act to the contrary thereof in any wise notwithstanding Provided alwayes and be it Ordained and Enacted Proviso for Peerage and Peers That no Péer of this Realm shall be tryed for any offence against this Act but by his Péers And further That every Péer who shall be convicted of any offence against this Act after such conviction be disabled during his life to sit in Parliament unless his Majesty
and twentieth of March next be prejudicial to any County City or Place within this Kingdom which are overcharged with Men and Arms beyond their ancient proportion Provided That neither this Act nor any matter or thing therein contained shall be déemed construed or taken to extend to the giving or declaring of any Power for the transporting of any the Subjects of this Realm or any way compelling them to march out of this Kingdom otherwise then by the Laws of England ought to be done Provided That no person whatsoever shall be capable of acting as a Lieutenant No person may be Lieutenant or Deputy Lieutenant that hath not taken the Oaths of Allegiance and supremacy or Deputy-Lieutenant or other Officer or Souldier by Vertue of this Act who hath not already taken the Oaths of Allegiance and Supremacy since the Return of his Majesty into England until he shall take the same according to the Laws and Statutes of this Kingdome Which Oaths the Lords of His Privy Council or any six of them are hereby impowred to administer to any Péer of this Realm who shall be Commissionated by Vertue of this Act and the Deputy-Lieutenants or any two of them in their respective Counties to any Commoner 14 Car. 2. cap. 3. 8. 15 Car. 2. cap. 4. Stat. 3. CAP. VII Publick Acts Confirmed WHereas during the late Difficulties and Exigencies of Affairs in the absence of His most Excellent Majesty and in reference to his Return from beyond the Seas into these His Majesties Dominions The Lords and Commons being assembled at Westminster the Five and twentieth day of April in the Twelfth Year of his Majesties Reign were from thence and after his Majesties Return continued until the Nine and twentieth day of December then next following and now last past and then Dissolved by his Majesty In which time several Acts were Passed by his Majesty by and with the Advice and Consent of the Lords and Commons Assembled as aforesaid which being of necessary use are fit to be Continued and Confirmed although the manner of the said Assembling enforced by the Difficulties and Exigencies aforesaid which then lay upon the Nation is not to be drawn into Example Be it therefore Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords and Commons in this present Parliament Assembled and the Authority of the same That all and singular the Acts made or mentioned to be made by His said Majesty by and with the Advice and Consent of the Lords and Commons upon or since the said Five and twentieth day of April herein after particularly mentioned and expressed That is to say One Act Entituled Stat. 12. Car. 2. cap. 11. Stat. 12. Car. 2. cap. 4. Stat. 12 Car. 2. cap. 5. Stat. 12 Car. 2. cap. 8. Stat. 12 Car. 2. cap. 9. Stat. 12 Car. 2. cap. 12. Stat. 12 Car. 2. cap. 15. Stat. 12 Car. 2. cap. 10. Stat. 12 Car. 2. cap. 19. Stat. 12 Car. 2. cap. 20. Stat 12 Car. 2. cap. 23. Stat. 12 Car. 2. cap. 24. Stat. 12 Car. 2. cap. 25. Stat. 12 Car. 2. cap. 26. Stat. 12 Car. 2. cap. 27. An Act of Free and General Pardon Indempnity and Oblivion One other Act Entituled A Subsidy granted to the King of Tunnage and Poundage and other Sums of Money payable upon Merchandize Exported and Imported One other Act Entituled An Act for continuing the Excise until the Twentieth of August One thousand six hundred and sixty One other Act Entituled An Act for Continuing the Excise till the Five and twentieth Day of December One thousand six hundred and sixty One other Act Entituled An Act for the speedy Provision of Money for Disbanding and Paying off the Forces of this Kingdom both by Land and Sea One other Act Entituled An Act for Confirmation of Judicial Proceedings One other Act Entituled An Act for the speedy Disbanding of the Army and Garrisons of this Kingdom One other Act Entituled An Act for Supplying and Explaining certain Defects in an Act Entituled An Act for the speedy Provision of Money for Disbanding and Paying off the Forces of this Kingdom both by Land and Sea One other Act Entituled An Act to prevent Frauds and Concealments of His Majesties Customs and Subsidies One other Act entituled An Act for Raising Sevenscore Thousand Pounds for the compleat Disbanding of the whole Army and Paying off some part of the Navy One other Act entituled A Grant of certain Impositions upon Beer Ale and other Liquors for the Increase of His Majesties Revenue during his Life One other Act entituled An Act for taking away the Court of Wards and Liveries and Tenures in Capite and by Knights Service and Purveyance and for Setling a Revenue upon his Majestie in lieu thereof One other Act entituled An Act for the better Ordering the Selling of Wines by Retail and for preventing Abuses in the mingling corrupting and vitiating of Wines and for setting and limiting the Prices of the same One other Act Entituled An Act for the Levying of the Arrears of the Twelve Moneths Assessment commencing the Four and Twentieth day of June One Thousand Six Hundred Fifty and Nine and the Six Moneths Assessment commencing the Five and Twentieth of December One Thousand Six Hundred Fifty and Nine One other Act entituled An Act for Granting unto the Kings Majesty Four Hundred and Twenty Thousand Pounds by an Assessment of Threescore and Ten Thousand Pounds by the Moneth for Six Moneths for Disbanding the Remainder of the Army and Paying off the Navy Stat. 12 Car. 2. cap. 28. Stat. 12 Car. 2. cap. 29. Stat. 12 Car. 2. cap. 30. Sâ—at 12 Car. 2. cap. 35. Stat. 12 Car. 2. cap. 2. One other Act entituled An Act for the further Supplying and Explaining certain Defects in an Act Entituled An Act for the speedy Provision of money for Disbanding and Paying off the Forces of this Kingdom both by Land and Sea One other Act entituled An Act for the Raising of Seventy Thousand Pounds for the further Supply of His Majesty One other Act entituled An Act for the Attainder of several Persons guilty of the Horrid Murder of his late Sacred Majesty King CHARLES the First One other Act Entituled An Act for Erecting and Establishing a Post-Office One other Act entituled An Act for putting in Execution an Ordinance mentioned in thâ—s Act and all and every the Clauses Sentences and Articles in them and every of them contained shall be and hereby are Ratified and Confirmed and Enacted and Declared to have the full Force and Strength of Acts of Parliament according to the tenor or purport thereof and so shall be adiudged déemed and taken to all Intents and Purposes whatsoever and as if the same had béen made declared and Enacted by Authority of this present Parliament CAP. VIII Necessary Carriages to be provided for His Majesty in his Royal Progress and Removals Stat. 12 Car. 2. cap. 24. WHereas by an Act made
shall cause to be proclaimed in the Market Town next to such place Penalty for taking more then limited for lodging c. and in such of the Neighbouring Towns and Villages as to them shall séem méet to the end that notice may be taken of such Rates and Prices And if any person shall take any other sum then what is or shall be so limited either for Lodging Horse-meat Stable-room or other such accomodations and be thereof convicted by confession of the party or by the Oath of one credible witness before any one Iustice of the Peace which Oath the said Iustice of the Peace is hereby authorized to administer That then in such case every person so offending shall forfeit and pay to the party grieved the sum of Forty shillings the same to be levied by distress by Warrant from the said Iustice of the Peace and sale thereof returning the overplus to the party the charge of the distraining being first deducted This Act to have continuance till the end of the first Session of the next Parliament and no longer CAP. IX Articles and Orders for the regulating and better Government of His Majesties Navies Ships of War and Forces by Sea FOr the regulating and better Government of his Majesties Navies Ships of War and Forces by Sea wherein under the good Providence and Protection of God the Wealth Safety and Strength of this Kingdom is so much concerned Articles to be observed Be it Enacted by the Kings most Excellent Majesty with the advice and consent of the Lords and Commons in this present Parliament assembled and by the Authority thereof That all and every the Articles and Orders in this Act mentioned shall be duely and respectively put in Execution observed and obeyed in manner hereafter mentioned I. The publick Worship of God THat all Commanders Captains and other Officers at Sea shall cause the publick Worship of Almighty God according to the Liturgy of the Church of England established by Law to be solemnly orderly and reverently performed in their respective Ships And that prayers and preachings by the respective Chaplains in holy Orders of the respective Ships be performed diligently and that the Lords Day be observed according to Law II. Swearing Drunkenness c. Every person and persons in his Majesties pay using unlawful and rash Oaths Cursings Execrations Drunkenness Vncleanness or other Scandalous Actions in derogation of Gods Honour and corruption of good manners shall be punished by Fine Imprisonment or otherwise as the Court-Martial shall think fit III. Holding any forreign Intelligence If any Officer Mariner Souldier or other person in the Fléet shall give hold or entertain Intelligence to or with any King Prince or State being Enemy to or any persons in Rebellion against his Majesty his Heirs and Successors without direction or leave from the Kings Majesty the Lord High Admiral Vice-Admiral or Commander in Chief of any Squadron every such person or persons so offending shall be punished with death IV. Letters or Messages from any forreign Prince c. Enemy to the King If any Letter or Message from any King Forrein Prince State or Potentate being an Enemy to the Kings Majestie his Heirs and Successors or on their behalf be conveyed to any Inferiour Officer Mariner or Souldier or other in the Fléet and the said Officer Mariner Souldier or other as aforesaid do not within twelve hours having opportunity so to do acquaint the Superiour Commander with it or if a Superiour Officer or Mariner being acquainted therewith by an Inferiour Officer Mariner or other or himself in his own person receiving a letter or message from any such Enemy or Rebel and shall not in convenient time reveal the same to the Admiral Vice-Admiral or the Commander of the Squadron every such person shall be punished with death or such other punishment as the Court-Martial shall think fit V. Relieving of any Enemy No person or persons of the Fléet shall relieve an Enemy or Rebel in time of War with money Victuals Powder Shot Arms Ammunition or any other Supplies whatsoever directly or indirectly upon pain of death or such other punishment as the Court-Martial shall think fit to impose VI. Papers Charter-Parties c. taken in any Ship seised as Prize All the Papers Charter-Parties Bills of Lading Pasports and other Writings whatsoever that shall be taken seized or found aboard any Ship or Ships which shall be surprised or seised as Prize shall be duly preserved and not torn nor made away but the very Originals sent up intirely and without fraud to the Court of Admiralty or such other Commissioners as shall be appointed for that purpose there to be viewed made use of and procéeded upon according to Law upon pain of loss of all the shares of the Takers and such further punishment to be inflicted upon the Offenders therein as the quality of their offence and misdemeanor shall be found to deserve and the Court-Martial shall impose VII Prize Ships or Goods seised for prize None in his Majesties pay shall take out of any Prize or Ship or Goods seized on for Prize any Money Plate Goods Lading or Tackle before Iudgment thereof first past in the Admiralty Court but the full and intire accompt of the whole without imbezelment shall be brought in and Iudgment past intirely upon the whole without fraud upon pain of such punishment as shall be imposed by a Court-Martial or the Court of Admiralty excepting That it shall be lawful for all Captains Sea-men Souldiers and others serving as aforesaid to take and to have to themselves as Pillage without further or other accompt to be given for the same all such Goods and Merchandizes other then Arms Ammunition Tackle Furniture or Stores of such Ship as shall be found by them or any of them in any Ship they shall take in fight or prize upon or above the Gun-deck of the said Ship and not otherwise VIII Imbezeling any Cables Anchors c. None shall imbezle steal or take away any Cables Anchors Sails or any of the Ships Furniture or any of the Powder or Arms or Ammunition of the Ship upon pain of death or other punishment as the quality of the offence shall be found by a Court-Martial to deserve IX Forrein ships taken as prize not making resistance If any Forrein Ship or Vessel shall be taken as prize that shall not fight or make resistance that in that case none of the Captains Masters or Mariners being Forreiners shall be stripped of their Clothes or in any sort pillaged beaten or evil entreated upon pain That the person or persons so offending shall forfeit double Damages but the said Forrein Ships and all the Goods so taken shall be preserved intire to receive Iudgment in the Admiralty Court according to Right and Iustice X. Every Captain or Commander who upon signal or order of fight or view The duty of Captains c. upon signal of
alwayes That this Act or any thing therein contained shall not extend or be construed to extend to give unto any Arch-Bishop Bishop or any other Spiritual or Ecclesiastical Iudg Officer or other person or persons aforesaid any power or authority to exercise execute inflict or determine any Ecclesiastical Iurisdiction Censure or Coertion which they might not by Law have done before the year of our Lord 1639 nor to abridg or diminish the Kings Majesties Supremacy in Ecclesiastical Matters and Affairs nor to confirm the Canons made in the year 1640. nor any of them nor any other Ecclesiastical Laws or Canons not formerly confirmed allowed or Enacted by Parliament or by the established Laws of the Land as they stood in the year of the Lord 1639. CAP. XIII The Arrears of the Excise and New Impost vested in His Majesty BE it Declared and Enacted by the Kings most Excellent Majesty All Moneys owing upon Excise by any Laws or Ordinances vested in his Majesty by and with the advice and consent of the Lords and Commons assembled in Parliament and by the Authority thereof That all and every sum and sums of money any wayes due or owing from or by any person or persons whatsoever for or touching the Imposition or Duty called the Excise heretofore imposed and made payable upon Béer Ale or any other Commodities by any Laws or pretended Laws or Ordinances and all Debts therefore owing whether by Obligation or upon Accompt from Farmers of Excise or any other person or persons whatsoever or any of their Securities and not pardoned by his Majesties most Gratious Act of Pardon and Oblivion be and are hereby vested and setled in the Kings Majesty his Heirs and Successors and that his Sacred Majesty his Heirs and Successors may from time to time and at all times hereafter have demand sue for and recover the same of all and every person and persons their Heirs Executors and Administrators having Assets who are any way accomptable for the same or any part thereof and from his and their respective Sureties and Securities as if the same Duties of Excise had béen lawfully Assessed Imposed and Collected and as if the several pretended Acts Orders and Ordinances Assessing and Imposing the same had béen good true legal and effectual Acts of Parliament and had in express words given and granted all and every the said Duties of Excise or new Impost unto his Majesty and as if the Obligations and Recognizances entred into by the respective Sureties and Securities had at the time of entring into the same béen taken in his Majesties Name according to the form prescribed in the Statute made in the Thrée and thirtieth year of the Reign of King Henry the Eight 33 H. 8. c. 39. Provided alwayes That all and every person and persons accomptable by vertue of this Act Proviso for allowances St. 12 Car. 2. cap. 11. shall have all such due allowance in his or their accompts as all such persons whose accompts are accepted in an Act Intituled An Act of Free and General Pardon Indempnity and Oblivion have or ought to have Provided alwayes Proviso no person to be questioned unless he be such before the 25 of December 1662. All persons accomptable shall have authority to levy and recover all Arrears That no person shall be questioned or molested for any of the Duties herein or hereby vested in his Majesty unless he shall be sued or prosecuted with effect before the Five and twentieth day of December which shall be in the year of our Lord One thousand six hundred sixty two Provided also and be it Enacted by the Authority aforesaid That all persons accomptable to his Majesty by this Act shall have power and authority and are hereby enabled to sue for levy and recover from any person or persons who do stand indebted unto them in any sum of money for the Duty or Impost of Excise for which they are hereby accomptable all sums of money and Arrears unsatisfied in as full and ample manner and form as they might have received and levied the same when they first grew due CAP. XIV The Confirmation of an Act Entituled An Act for Encouraging and Increasing of Shipping and Navigation and several other Acts both Publick and Private mentioned therein WHereas during the late difficulties and exigencies of affairs in the absence of his most Excellent Majesty and in reference to his return from beyond the Seas into these his Majesties Dominions The Lords and Commons being assembled at Westminster the Five and twentieth day of April in the twelfth year of his Majesties Reign were from thence and after his Majesties return continued untill the nine and twentieth day of December then next following and now last past and then dissolved by his Majesty in which time several Acts were passed by his Majesty by and with the advice and consent of the said Lords and Commons assembled as aforesaid which being of necessary use are fit to be continued and confirmed although the manner of the said assembling enforced by the difficulties and exigencies aforesaid which then lay upon the Nation is not to be drawn into example Be it therefore Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords and Commons in this present Parliament Assembled and by the Authority of the same That all and singular the Acts made or mentioned to be made by his said Majesty by and with the advice or consent of the Lords and Commons upon or since the said Five and twentieth day of April herein after particularly mentioned and expressed that is to say One Act Entituled An Act for the encouraging and increasing of Shipping and Navigation One other Act St. 12 Car. 2. cap. 18. St. 12 Car. 2. cap. 32. St. 12 Car. 2. cap. 36. St. 12 Car. 2. cap. 34. St. 12 Car. 2. cap. 13. St. 12 Car. 2. cap. 6. Entituled An Act for Prohibiting the Exportation of Wooll Wool-fells Fullers Earth or any kind of Scouring Earth One other Act Entituled An Act Impowring the Master of the Rolls for the time being for to make Leases for years in order to new build the old Houses belonging to the Rolls One other Act Entituled An Act for prohibiting the Planting Setting or Sowing of Tobacco in England and Ireland One other Act Entituled An Act for restraining the taking of Excessive Usury One other Act Entituled An Act for the present nominating of Commissioners of Sewers One other Act Entituled An Act for the Incorporating of the Master and Wardens of the Company of Haberdashers LONDON to be Governors of the Free-School and Alms-houses in Newport in the County of Salop of the Foundation of William Adams and for Setling of Lands and Possessions on them for maintenance thereof and other charitable Uses And all and every the Clauses Sentences and Articles in them and every of them contained shall be and hereby are Ratified and Confirmed and Enacted and Declared
to have the full force and strength of Acts of Parliament according to the tenor and purport thereof and so shall be adjudged déemed and taken to all intents and purposes whatsoever and as if the same had béen Made Declared and Enacted by Authority of this present Parliament CAP. XV. The Pains Penalties and Forfeitures Imposed upon the Estates and Persons of certain notorious Offenders excepted out of the Act of Free and General Pardon Indempnity and Oblivion St. 12 Car. 2. cap. 11. The Lands and Tenements of the persons deceased not discharged by the Act of General Pardon VVHereas in a certain Act passed in the late assembly held at Westminster in the Twelfth year of His Majesties Reign and confirmed by the Authority of this present Parliament Entituled An Act of Free and General Pardon Indempnity and Oblivion amongst other things it is provided that nothing therein contained should extend to discharge the Lands Tenements Goods Chattels Rights Trusts and other the Hereditaments late of Isaac Ewer deceased Sir John Danvers deceased Sir Thomas Maleverer Baronet deceased William Purefoy deceased John Blakiston deceased Sir William Constable Baronet deceased Richard Dean deceased Francis Aleyn deceased Peregrin Pelham deceased John Moore deceased John Aldred alias Alured deceased Humphrey Edwards deceased Sir Gregory Norton Baronet deceased John Venn deceased Thomas Andrews Alderman deceased Anthony Stapley deceased Thomas Horton deceased John Fry deceased Thomas Hammond deceased and Sir John Bourchier deceased of and from such pains penalties and forfeitures as by one other Act of Parliament intended to be afterwards passed for that purpose should be expressed and declared All which persons before mentioned were whilst they lived notoriously known to have béen wicked and active Instruments in the prosecution and compassing of that horrid and Execrable Treason the Murther of our late Soveraign Lord King CHARLES the First of ever blessed memory And whereas William Lord Mounson James Challoner Sir Henry Mildmay Sir James Harrington John Phelps and Robert Wallop who in the moneth of January One thousand six hundred forty eight did act and fit in that Traiterous Assembly which procéeded against the Person and Life of our said late Soveraign Lord King CHARLES the First and Sir Arthur Haslerig who in his life did commit many horrid and Traiterous Crimes against the Person Crown and Dignity of his late Majesty of glorious memory and his Majesty that now is are all of them excepted out of the said Act and reserved to future Pains Penalties and Forfeitures not extending to life since the passing of which Act so as aforesaid confirmed Sir Arthur Haslerig and James Challoner died and no Act hath yet passed for the inflicting of due Pains Penalties and Forfeitures upon the Persons and Estates of the Offenders aforesaid We therefore the Lords and Commons in Parliament assembed do beséech your Majesty That it may be enacted And be it Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords and Commons in this present Parliament assembled The Mannors Lands c. of the persons named and by authority of the same That all and every the Mannors Messuages Lands Tenements Rents Reversions Remainders Possessions Rights Conditions Interests Offices Fées Annuities and all other the Hereditaments Leases for years Chattels Real and other things of what nature soever they be of them the said Isaac Ewer Sir John Danvers Sir Thomas Maleverer William Purefoy John Blakiston Sir William Constable Richard Dean Francis Aleyn Peregrin Pelham John Moore John Aldred alias Alured Humphrey Edward Sir Gregory Norton John Venn Thomas Andrews Of which they were seised the 20th of March 1646. or since forfeited and vested in his Majesty The goods debts Chattels of which the persons named were possessed at the time of their death forfeited to his Majesty The goods c. of which William Lord Mounson Sir Hen. Mildmay Sir James Harrington John Phelps and Rob. Wallop were possessed the 11. of Feb. 1659. forfeited and vested in his Majesty Anthony Stapley Thomas Horton John Fry Thomas Hammond Sir John Bourchier William Lord Mounson James Challoner Sir Henry Mildmay Sir James Harrington John Phelps Robert Wallop and Sir Arthur Haslerig which they or any of them or any other person or persons to their or any of their uses or in trust for them or any of them had the five and twentieth day of March in the year of our Lord One thousand six hundred forty and six or at any time since shall stand and be forfeited unto your Majesty your Heirs and Successors and shall be déemed vested and adjudged to be in the actual and real possession of Your Majesty without any Office or Inquisition thereof hereafter to be taken or found And also that all and every the Goods Debts and other the Chattels personal whatsoever of them the said Isaac Ewer Sir John Danvers Sir Thomas Maleverer William Purefoy John Blakiston Sir William Constable Richard Dean Francis Aleyn Peregrin Pelham John Moore John Aldred alias Alured Humphrey Edwards Sir Gregory Norton John Venn Thomas Andrews Anthony Stapley Thomas Horton John Fry Thomas Hammond Sir John Bourchier James Challoner and Sir Arthur Haslerig whereof they or any of them at the time of their respective deaths or any other in Trust for them or any of them stood possessed or interessed in Law or Equity and all the Goods Debts and other the Chattels personal whatsoever of them the said William Lord Mounson Sir Henry Mildmay Sir James Harrington John Phelps Robert Wallop whereof upon the eleventh day of February in the year of our Lord One thousand six hundred fifty and nine they or any of them or any other in trust for them or any of them stood possessed either in Law or Equity shall be déemed and adjudged to be forfeited and are hereby vested and put into the actual and real possession of your Majesty without any further Office or Inquisition thereof hereafter to be taken or found Provided alwayes and be it Enacted by the Authority aforesaid That no Conveyance Assurance Grant Bargain Sale Charge Lease Assignment of Lease Grants Proviso for conveyances and assurances c. made bona fide before the 29. of September and Surrenders by Copy of Court-Roll Estate Interest Trust or Limitation of any use or uses of or out of any Mannors Lands Tenements or Hereditaments not being the Lands nor Hereditaments of the late King Quéen or Prince or of any Archbishops Bishops Deans Deans and Chapters nor being Lands or Hereditaments sold or given for the Delinquency or pretended Delinquency of any person or persons whatsoever by vertue or pretext of some Act Order Ordinance or reputed Act Order or Ordinance since the First day of January one thousand six hundred forty and one nor any Statute Iudgment or Recognizance had made acknowledged or suffered to any person or persons Bodies politick or Corporate before the Nine and Twentieth day of September one thousand
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.
to 12 ◠a lawful Oath 16 Car. 2. c. 4. and contrary to the Word of God from and after the four and twentieth day of March in this present year of our Lord One thousand six hundred sixty and one shall wilfully and obstinately refuse to take an Oath where by the Laws of the Realm he or she is or shall be bound to take the same being lawfully and duly tendred or shall endeavour to perswade any other person to whom any such Oath shall in like manner be duly and lawfully tendred to refuse and forbear the taking of the same or shall by Printing Writing or otherwise go about to maintain and defend that the taking of an Oath in any case whatsoever is altogether unlawful And if the said persons commonly called Quakers shall at any time after the said four and twentieth day of March depart from the places of their several habitations and assemble themselves to the number of five or more of the age of sixtéen years or upwards at any one time in any place under pretence of joyning in a Religious worship not authorized by the Laws of this Realm that then in all and every such cases the party so offending being thereof lawfully convict by verdict of twelve men or by his own confession or by the notorious evidence of the fact shall lose and forfeit to the Kings Majesty his Heirs and Successors for the first offence such sum as shall be imposed upon him or her not excéeding five pounds And if any person or persons being once convicted of any such offence shall again offend therein and shall in form aforesaid be thereof lawfully convicted shall for the second offence forfeit to the King our Soveraign Lord his Heirs and Successors The second offence such sum as shall be imposed upon him or her not exceeding ten pounds The said respective penalties to be levied by distress and Sale of the parties goods so convicted by warrant of the parties before whom they shall be so convicted rendring the overplus to the owners if any be and for want of such distress or non-payment of the said penalty within one wéek after such conviction that then the said parties so convicted shall for the first offence be committed to the Common-Goal or house of Correction for the space of thrée months and for the second offence during six moneths without bail or Mainprize there to be kept at hard labour which said monyes so to be levyed shall be paid to such person or persons as shall be appointed by those before whom they shall be convicted to be imployed for the increase of the stock of the House of Correction to which they shall be committed and providing materials to set them on work And if any person after he in form aforesaid hath béen twice convict of any of the said offences shall offend the third time and be thereof in form aforesaid lawfully convict that then every person so offending and convict The third offence shall for his or her third offence abjure the Realm or otherwise it shall and may be lawful to and for his Majesty his Heirs and Successors to give order and to cause him her or them to be transported in any Ship or Ships to any of his Majesties Plantations beyond the Seas And it is Ordained and Enacted by the Authority aforesaid Who may hear and determine the offences within this Act. That all and every Iustice of Oyer and Terminer Iustices of Assize and Goal-delivery and the Iustices of the Peace shall have full Power and Authority in every of their open and General Sessions to enquire hear and determine all and every the said Offences within the limits of their Commission to them directed and to make Process for the execution of the same as they may do against any person being indicted before them of Trespass or lawfully convicted thereof And be it also Enacted That it shall and may be lawful to and for any Iustice of Peace Mayor or other chief Officer of any Corporation within their several Iurisdictions to commit to the Common Goal or bind over with sufficient Sureties to the Quarter-Sessions any person or persons offending in the Premisses in order to his or their conviction aforesaid Provided alwayes and be it hereby further Enacted That if any of the said persons How persons submitting may be discharged from the penalties shall after such conviction as aforesaid take such Oath or Oaths for which he or she stands committed and also give security that he or she shall for the time to come forbear to meet in any such unlawful Assembly as aforesaid that then and from thenceforth such person and persons shall be discharged from all the penalties aforesaid any thing in this Act to the contrary notwithstanding Provided alwayes and be it Ordained and Enacted by the Authority aforesaid Lords of the Parliament That all and singular Lords of the Parliament for every third offence committed against the tenor of this Act shall be tryed by their Péers and not otherwise CAP. II. For repairing the High-wayes and Sewers and paving and keeping clean of the Streets in and about London and Westminster and for reforming of Annoyances and Disorders there and for the Regulating and Licensing of Hackney Coaches and for the enlarging of several strait and inconvenient Streets and Passages FOrasmuch as the Common High-wayes leading unto and from the Cities of London and Westminster and the Suburbs thereof and other places within the present Wéekly Bills of Mortality by reason of the multitude of Houses lately built and through the stopping and filling up the Ditches and Sewers and neglect of timely reparations are at present and for some years past have béen so miry and foul as is not only very noisom dangerous and inconvenient to the Inhabitants thereabouts but to all the Kings Liege People riding and travelling to and from the said Cities May it therefore please Your most Excellent Majesty that it may be Enacted And be it Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled Commissioners to be named by his Majesty under the Great seal for Surveying and cleansing the Streets High-wayes and by the Authority of the same That for the Surveying Ordering and managing of the said High-wayes Stréets Allies and other Passages within the said Cities and places aforesaid and all things necessary for the Repairing Paving or kéeping clean thereof there be from henceforward Commissioners to be nominated by his Majesty under the Great Seal of England not excéeding the number of one and twenty besides such other Commissioners as are by this Act nominated and appointed whereof the Surveyor of his Majesties Works for the time being to be alwayes one that shall have their place of meeting at the Office of his Majesties Works in Scotland-yard or at some one other place as they or
that are under 16 foot in length The Militia or the Isle of Purbeck Provided also And be it Enacted by the Authority aforesaid That the Militia of the Island of Purbeck shall remain separate from the County of Dorset as heretofore hath béen used And that his Majesties Lieutenant of the said Island and his Deputies or any thrée or more of them for the time being shall have power for the Levying Arraying Mustering and conducting of such number of Foot for the defence of the said Island in such manner and by such ways and means as heretofore hath béen used and also to use and execute within the said Island all and every the powers which by the true intent of this Act Power to his Majesty to raise 70000 l. per annum for three years upon occasion EXP. any of his Majesties Lieutenants or his or their Deputies or any of them might in any respective County use or execute Provided nevertheless And be it Enacted by the Authority aforesaid That in case of apparent danger to the present Government it shall and may be lawfull for His Majesty at any time or times that the same shall so happen during the space of thrée years from the five and twentieth day of June in the year One thousand six hundred sixty and two to raise such sum or sums of money for the defraying of the whole or such part of the Militia aforesaid as his Majesty shall find himself obliged to imploy in order to the quiet and security of this Nation the said sum not excéeding Seventy thousand pounds in one whole year And the same to be raised by his Majesties Lieutenants or in their absence as aforesaid by their Deputies in their respective Counties according to the rules and directions in an Act in this present Parliament For the raising of Eighteen moneths Assessment after the rate of Seventy thousand pounds per mensem as also to continue the space of thrée years from the aforesaid five and twentieth day of June and no longer Any thing in this Act or any other to the contrary notwithstanding Be it also Enacted That all Constables Tything-men or other Officer or Officers Such as have provided Parish Arms before the 24. of June 1660. how to be re-imbursed EXP. who since the Four and twentieth of June One thousand six hundred and sixty have paid or disbursed or before the settlement of the Militia to be established by vertue of this Act shall pay or disburse any moneys for buying of Arms or defraying of Charges of Souldiers set or to be set upon their respective Parishes shall be re-imbursed the same by those who have refused to pay their proportions thereof And in case he or they shall refuse to pay the same then to be levied by distress and sale of Goods rendring the Overplus to the Owner or Owners by Warrant under the Hand and Seal of the Lieutenant or Lieutenants or in his or their absence or otherwise by their direction when they are not absent of any two of their Deputies directed to the respective Constables Tything-men or other Officer or Officers aforesaid of their respective Parishes Provided alwayes And it is hereby further Enacted and Declared No man charged shall be forced to serve in person but may find a sufficient man for him That no person charged with the finding of Horse or Foot or with contributing thereunto as aforesaid shall be compellable to serve in his or their proper person but may according to such proportion as they are or shall respectively be charged by this Act find one or more fit or sufficient Man or Men qualified according to this Act to be approved by his or their Captain respectively subject nevertheless to be altered upon appeal to the Lieutenant or in his absence as aforesaid to his Deputy-Lieutenants or any two of them as there shall be cause And that every such person or persons so found and provided shall and hereby are required to serve as a Souldier and Souldiers in such manner and under such penalties as are before appointed in this Act No person listed may desert the service or be discharged or Altered but by leave upon reasonable cause And that every person or persons who shall serve in his or their own persons who are also to be approved of as aforesaid or such person or persons as shall be accepted in his or their stead shall at the next Muster of such Troop or Company in which he or they are to serve give in his or their Christian and Sir-names and places of abode unto such person as the Lieutenant or in his absence as aforesaid or by his direction when he is not absent any two Deputy-Lieutenants shall appoint to the end the same may be listed And that from thenceforth such person so listed shall not be exchanged or desert the said Service or be discharged thereof but by the leave and order of the Lieutenant or two Deputy-Lieutenants or his Captain upon reasonable cause subject nevertheless upon appeal to be determined as aforesaid first obtained in writing under his or their hands and seals under pain that such person departing from the said service without leave as aforesaid The penalty shall forfeit the sum of 20 l. to be levied upon his Goods and Chattels in such manner as is by this Act appointed for the levying of other penalties and for non-payment or want of distress then every such person to be committed to the Common Gaol of the the County for any time not excéeding thrée moneths without bail or mainprise any thing in this Act to the contrary in any wise notwithstanding Provided always and be it Enacted Proviso for the Tinners of Devon and Cornwall That nothing in this Act contained shall extend to put any new charge of Arms upon the Tinners in the Counties of Devon and Cornwall other then the Tax mentioned in the former Proviso But that the Lord Warden of the Stannaries for the time being in pursuance of his Majesties Commission in that behalf and such as he shall Commissionate and Authorize under him according to the Rules and Directions before mentioned in this Act shall and may have and use the like Powers and Array Assess Arm Muster and Exercise the said Tinners within the said Counties and either of them as hath béen heretofore used and according to the ancient Priviledges and Customs of the said Stannaries observing the Rules and Proportions appointed by this Act Any thing in this Act to the contrary notwithstanding Provided always And be it Enacted by the Authority aforesaid Proviso for the Militia of London That his Majesties Lieutenants that are or shall be Commissionated for the Militia of the City of London may and shall continue to list and levy the Trained Bands and Auxiliaries of the said City as to number and quality of the persons in such manner as was used in forming the present Forces now raised by his Majesties
used by Act of Parliament holden in the said first year of the said late Quéen 2 El. cap. 2. Entituled An Act for the Uniformity of Common Prayer and Service in the Church and Administration of the Sacraments very comfortable to all good people desirous to live in Christian conversation and most profitable to the Estate of this Realm upon the which the Mercy Favour and Blessing of Almighty God is in no wise so readily and plentifully poured as by Common Prayers due using of the Sacraments and often Preaching of the Gospel with Devotion of the Hearers And yet this notwithstanding a great number of people in divers parts of this Realm following their own sensuality and living without knowledg and due fear of God do Wilfully Schismatically abstain and refuse to come to their Parish-Churches and other publick places where Common Prayer Administration of the Sacraments and preaching of the Word of God is used upon the Sundays and other days ordained and appointed to be kept and observed as Holy-days And whereas by the great and scandalous neglect of Ministers in using the said Order or Liturgy so set forth and enjoyned as aforesaid great mischiefs and inconveniences during the times of the late unhappy Troubles have arisen and grown and many people have béen led into Factions and Schisms to the great decay and scandal of the Reformed Religion of the Church of England and to the hazard of many souls For prevention whereof in time to come for setling the Peace of the Church and for allaying the present distempers which the indisposition of the time hath contracted The Kings Declaration and Commission for reviewing the Book of Common Prayer and Alterations to be propounded therein The Kings Majesty according to his Declaration of the Five and twentieth of October One thousand six hundred and sixty granted his Commission under the Great Seal of England to several Bishops and other Divines to review the Book of Common Prayer and to prepare such Alterations and Additions as they thought fit to offer And afterwards the Convocations of both the Provinces of Canterbury and York being by His Majesty called and assembled and now sitting His Majesty hath béen pleased to Authorize and require the Presidents of the said Convocations and other the Bishops and Clergy of the same to re-view the said Book of Common Prayer and the Book of the Form and manner of the Making and Consecrating of Bishops Priests and Deacons And that after mature consideration they should make such Additions and Alterations in the said Books respectively as to them should séem méet and convenient And should exhibit and present the same to his Majesty in writing for his further allowance or confirmation since which time upon full and mature deliberation they the said Presidents Bishops and Clergy of both Provinces have accordingly re-viewed the said Books and have made some Alterations which they think fit to be inserted to the same and some Additional Prayers to the said Book of Common Prayer to be used upon proper and emergent occasions And have exhibited and presented the same unto his Majesty in writing in one Book Entituled The Book of Common Prayer and Administration of the Sacraments and other Rites and Ceremonies of the Church according to the use of the Church of England together with the Psalter or Psalms of David Pointed as they are to be sung or said in Churches and the Form and Manner of Making Ordaining and Consecrating of Bishops Priests and Deacons All which His Majesty having duly considered hath fully approved and allowed the same and recommended to this present Parliament that the said Books of Common Prayer and of the Form of Ordination and Consecration of Bishops Priests and Deacons with the Alterations and Additions which have béen so made and presented to His Majesty by the said Convocations be the Book which shall be appointed to be used by all that Officiate in all Cathedral and Collegiate Churches and Chappels and in all Chappels of Colledges and Halls in both the Vniversities and the Colledges of Eaton and Winchester and in all Parish-Churches and Chappels within the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed and by all that Make or Consecrate Bishops Priests or Deacons in any of the said places under such Sanctions and Penalties as the Houses of Parliament shall think fit Now in regard that nothing conduceth more to the setling of the Peace of this Nation which is desired of all good men nor to the honour of our Religion and the propagation thereof The Peace and Honour of Religion much advanced by Vniform agreement in the Publique Worship of God then an Vniversal argréement in the publique Worship of Almighty God and to the intent that every person within this Realm may certainly know the rule to which he is to conform in Publique Worship and Administrations of Sacraments and other Rites and Ceremonies of the Church of England and the manner how and by whom Bishops Priests and Deacons are and ought to be Made Ordained Consecrated Be it Enacted by the Kings most Excellent Majesty by the Advice and with the Consent of the Lords Spiritual and Temporal and of the Commons in this present Parliament assembled and by the Authority of the same That all and singular Ministers in any Cathedral Collegiate or Parish-Church or Chappel or other place of Publique Worship within this Realm of England Dominion of Wales and Town of Berwick upon Tweed The Book of Common Prayer shall be used shall be bound to say and use the Morning Prayer Evening Prayer Celebration and Administration of both the Sacraments and all other the Publique and Common Prayer in such order and form as is mentioned in the said Book annexed and ioyned to this present Act and Entituled The Book of Common Prayer and Administration of the Sacraments and other Rites and Ceremonies of the Church according to the use of the Church of England together with the Psalter or Psalms of David Pointed as they are to be sung or said in Churches and the form or manner of Making Ordaining and Consecrating of Bishops Priests and Deacons And that the Morning and Evening Prayers therein contained shall upon every Lords Day and upon all other dayes and occasions and at the times therein appointed be openly and solemnly Read by all and every Minister or Curate in every Church Chappel or other place of publique Worship within this Realm of England All Parsons Vicars and Ministers to read and declare their assent to use the same and places aforesaid And to the end that Vniformity in the publique Worship of God which is so much desired may be spéedily effected Be it further Enacted by the Authority aforesaid That every Parson Vicar or other Minister whatsoever who now hath and enjoyeth any Ecclesiastical Benefite or Promotion within this Realm of England or places aforesaid shall in the Church Chappel or place of publique
Goal of the same County City or Town Corporate accordingly Provided alwayes and be it further Enacted by the Authority aforesaid Common Prayer to be read before every Lecture and the Lecturer to be present That at all and every time and times when any Sermon or Lecture is to be Preached the Common Prayers and Service in and by the said Book appointed to be Read for that time of the day shall be openly publickly and solemnly Read by some Priest or Deacon in the Church Chappel or place of Publick Worship where the said Sermon or Lecture is to be Preached before such Sermon or Lecture be preached And that the Lecturer then to Preach shall be present at the Reading thereof Provided nevertheless That this Act shall not extend to the Vniversity Churches Proviso for Sermons and Lectures in the Vniversities in the Vniversities of this Realm or either of them when or at such times as any Sermon or Lecture is Preached or Read in the said Churches or any of them for or as the publick Vniversity Sermon or Lecture but that the same Sermons and Lectures may be preached or read in such sort and manner as the same have béen heretofore preached or read this Act or any thing herein contained to the contrary thereof in any wise notwithstanding And be it further Enacted by the Authority aforesaid That the several good Laws The Lawes and Statutes formerly made for Vniformity of Common Prayer confirmed and to be executed for punishing offendors against this Law and Statutes of this Realm which have béen formerly made and are now in force for the Vniformity of Prayer and Administration of the Sacraments within this Realm of England and places aforesaid shall stand in full force and strength to all intents and purposes whatsoever for the establishing and confirming of the said Book Intituled The Book of Common Prayer and Administration of the Sacraments and other Rites and Ceremonies of the Church according to the use of the Church of England together with the Psalter or Psalms of David pointed as they are to be sung or said in Churches and the form or manner of Making Ordaining and Consecrating of Bishops Priests and Deacons herein before mentioned to be joyned and annexed to this Act and shall be applied practised and put in ure for the punishing of all offences contrary to the said Lawes with relation to the Book aforesaid and no other Provided alwayes and be it further Enacted by the Authority aforesaid Letanies and Collects relating to the King Queen c. That in all those Prayers Letanies and Collects which do any way relate to the King Quéen or Royal Progeny the Names be altered and changed from time to time and fitted to the present occasion according to the direction of lawful Authority True printed Copies of the Book of Common Prayer to be provâ—ded in all Parishes and Churches Provided also and be it Enacted by the Authority aforesaid That a true Printed Copy of the said Book Entituled The Book of Common Prayer and Administration of the Sacraments and other Rites and Ceremonies of the Church according to the use of the Church of England together with the Psalter or Psalms of David pointed as they are to be sung or said in Churches and the form and manner of Making Ordaining and Consecrating of Bishops Priests and Deacons shall at the costs and charges of the Parishioners of every Parish-Church and Chappelry Cathedral Church Colledg and Hall be attained and gotten before the Feast-day of St. Bartholomew in the year of our Lord One thousand six hundred sixty and two upon pain of forfeiture of thrée pounds by the moneth for so long time as they shall then after be unprovided thereof by every Parish or Chappelry Cathedral Church Colledge and Hall making default therein Proviso for the Bishops of Hereford St. Davies Asaph Bangor Landaff Provided alwayes and be it enacted by the Authority aforesaid That the Bishops of Hereford St. Davies Asaph Bangoâ— and Landaff and their Successors shall take such order among themselves for the souls health of the Flocks committed to their Charge within Wales That the Book hereunto annexed be truly and exactly Translated into the Brittish or Welsh Tongue and that the same so Translated and being by them or any thrée of them at the least viewed perused and allowed be Imprinted to such number at least so that one of the said Books so Translated and Imprinted may be had for every Cathedral Collegiate and Parish Church and Chappel of Ease in the said respective Diocesses and places in Wales where the Welsh is commonly spoken or used before the First day of May One thousand six hundred sixty five And that from and after the Imprinting and publishing of the said Book so Translated the whole Divine Service shall be used and said by the Ministers and Curates throughout all Wales within the said Diocesses where the Welsh Tongue is commonly used in the Brittish or Welsh Tongue in such manner and form as is prescribed according to the Book hereunto annexed to be used in the English Tongue differing nothing in any order or form from the said English Book for which Book so Translated and Imprinted the Church-Wardens of every the said Parishes shall pay out of the Parish-money in their hands for the use of the respective Churches and be allowed the same on their Accompt And that the said Bishops and their Successors or any thrée of them at the least shall set and appoint the price for which the said Book shall be sold And one other Book of Common Prayer in the English Tongue shall be bought and had in every Church throughout Wales in which the Book of Common Prayer in Welsh is to be had by force of this Act before the First day of May One thousand six hundred sixty and four and the same Book to remain in such convenient places within the said Churches that such as understand them may resort at all convenient times to read and peruse the same and also such as do not understand the said Language may be conferring both Tongues together the sooner attain to the knowledg of the English Tongue Any thing in this Act to the contrary notwithstanding and until Printed Copies of the said Book so to be Translated may be had and provided The Form of Common Prayer established by Parliament before the making of this Act shall be used as formerly in such parts of Wales where the English Tongue is not commonly understood And to the end that the true and perfect Copies of this Act and the said Book hereunto annexed may be safely kept and perpetually preserved and for the avoiding of all disputes for the time to come True and perfect Copies of this Act and the Book of Common Prayer by whom and how to be had and kept Be it therefore Enacted by the Authority aforesaid That the respective Deans and Chapters of Every Cathedral or
Collegiate Church within England and Wales shall at their proper costs and charges before the Twenty fifth day of December One thousand six hundred sixty two obtain under the Great Seal of England a true and perfect printed Copy of this Act and of the said Book annexed hereunto to be by the said Deans and Chapters and their Successors kept and preserved in safety for ever and to be also produced and shewed forth in any Court of Record as often as they shall be thereunto lawfully required And also there shall be delivered true and perfect Copies of this Act and of the same Book into the respective Courts at Westminster and into the Tower of London to be kept and preserved for ever among the Records of the said Courts and the Records of the Tower to be also produced and shewed forth in any Court as néed shall require which said Books so to be exemplified under the Great Seal of England shall be examined by such persons as the Kings Majesty shall appoint under the Great Seal of England for that purpose and shall be compared with the Original Book hereunto annexed and shall have power to correct and amend in writing any Error committed by the Printer in the Printing of the same Book or of any thing therein contained and shall certifie in writing under their Hands and Seals or the hands and seals of any thrée of them at the end of the same Book that they have examined and compared the same Book and find it to be a true and perfect Copy which said Books and every one of them so exemplified under the Great Seal of England as aforesaid shall be déemed taken adjudged and expounded to be good and available in the Law to all intents and purposes whatsoever and shall be accounted as good Records as this Book it self hereunto annexed Any Law or Custome to the contrary in any wise notwithstanding Proviso for the Kings Professor of Law in Oxford Provided also That this Act or any thing therein contained shall not be prejudicial or hurtful unto the Kings Professor of the Law within the Vniversity of Oxford for or concerning the Prebend of Shipton within the Cathedral Church of Sarum united and annexed unto the place of the same Kings Professor for the time being by the late King James of blessed memory Provided alwayes Proviso concerning the 3â—th Article agreed in the Convocation Anno 1562. That whereas the Six and thirtieth Article of the Nine and thirty Articles agréed upon by the Archbishops and Bishops of both Provinces and the whole Clergy holden at London in the year of our Lord One thousand five hundred sixty two for the avoiding of diversities of Opinions and for establishing of consent touching true Religion is in these words following viz. That the Book of Consecration of Archbishops and Bishops and Ordaining of Priests and Deacons lately set forth in the time of King Edward the Sixth and confirmed at the same time by Authority of Parliament doth contain all things necessary to such Consecration and Ordaining neither hath it any thing that of it self is superstitious and ungodly And therefore whosoever are Consecrated or Ordered according to the Rites of that Book since the second year of the aforenamed King Edward unto this time or hereafter shall be Consecrated or Ordered according to the same Rites We decree all such to be rightly orderly and lawfully Consecrated and Ordered It be Enacted And be it therefore Enacted by the Authority aforesaid That all Subscriptions hereafter to be had or made unto the said Articles by any Deacon Priest or Ecclesiastical person or other person whatsoever who by this Act or any other Law now in force is required to subscribe unto the said Articles shall be construed and be taken to extend and shall be applied for and touching the said Six and thirtieth Article unto the Book containing the form and manner of Making Ordaining and Consecrating of Bishops Priests and Deacons in this Act mentioned in such sort and manner as the same did heretofore extend unto the Book set forth in the time of King Edward the Sixth mentioned in the said Six and thirtieth Article Any thing in the said Article or in any Statute Act or Canon heretofore had or made to the contrary thereof in any wise notwithstanding Provided also That the Book of Common Prayer The Common Prayer used by Authority of Parliament 1. Eliz. to be used untill Bartholomew Day 1662. EXP. and Administration of the Sacraments and other Rites and Ceremonies of this Church of England together with the form and manner of Ordaining and Consecrating Bishops Priests and Deacons heretofore in use and respectively established by Act of Parliament in the First and Eighth years of Quéen Elizabeth shall be still used and observed in the Church of England until the Feast of St. Bartholomew which shall be in the year of our Lord God One thousand six hundred sixty and two EXP. as to this last Clause CAP. V. For Regulating the Making of Stuffs in Norfolk and Norwich WHereas divers abuses and deceipts have of late years béen had and used in the making of Worsteds and other Stuffs commonly called Norwich Stuffs and in the Réeling of Yarnes whereof the said Stuffs are either wholly or in part made which tends to the debasing of the said Manufacture unto the prejudice of the publique which said Trade of Weaving of Stuffs hath of late times béen very much increased and great variety of new sorts of Stuffs have béen invented 7 E. 4. cap. 1. so that the Power given by the Statute of the Seventh of Edward the Fourth Chapter the First is not sufficient for the Regulating of the same And that the number of the Wardens by the same Act appointed being but Eight are too few for the Governing and Ordering the same Trade by which means the same Manufacture will soon be lost if not prevented and carried into forreign Nations to the great diminution of His Majesties Customs and turning out of the work many thousands of poor people For prevention of which abuses deceipts and evils The number of Wardens and Assistants of Master Weavers in Norwich how and when to be chosen It is Enacted by the Kings most Excellent Majesty with the advice and consent of the Lords Spiritual and Temporal and Commons Assembled in Parliament and by the Authority of the same That there shall be Twelve Wardens and Thirty Assistants all which are to be Master-Weavers within the County of the City of Norwich and County of Norfolk sir of which said Wardens and fiftéen of the said Assistants shall be chosen the first Monday after Pentecost in the year of our Lord God One thousand six hundred sixty and two and from thenceforth yearly and every year on the next Monday after Pentecost at some publique place by the Master-Weavers or the greater part of them present of the said City and County of Norwich And the other six
before set that then it shall and may be lawful to and for the same Wardens and Assistants or any two of them to seize the same Yarns and bring the same within twenty days next after the Seisure thereof to Tryal by a Iury and to be proceeded in and fined in such manner and form as in this present Act is limited and appointed for defective Stuffs which said Iury shall have and hereby have power to set such fine or fines upon the said Yarns as they shall in their discrections sée cause the same fines not to excéed the moyety of the Yarn so found defective and the same fines to go to the Poor of the same Trade and Manufacture as aforesaid Provided alwayes That no person or persons shall be doubly punished for any one offence touching Yarns that is to say by this and the former clause in this Act. And it is hereby further Enacted That all sorts of Stuffs whether woven of Woollen onely All Woollen Stuffs and Weavers to be under the Government of the said Wardens and Assistant or of Wooll and other Materials within the City and County of Norwich and the County of Norfolk and the Makers and Weavers of the same Stuffs shall be under the power Government and Regulation of the said Wardens and Assistants in such manner as by this and other Acts of Parliament and the By-laws made and to be made by vertue thereof are or shall be established except such Stuffs as are under the Regulation of the Wardens and Fellowship of the mystery of Russel-Sattens Sattens Reverses and Fustians of Norwich-making within the City of Norwich And that all Stuffs made and to be made under the Regulation aforesaid before the same shall be offered or put to sale shall be brought to Weavers-Hall for the time being Good and sufficient shall be Sealed within the County of the City of Norwich to be viewed and searched by the said Wardens or any two of them And if the same shall be found to be well and sufficiently made and wrought according to the Rules and Ordinances of the said Trade then all such Stuffs shall be by the Wardens or any two of them Sealed and allowed accordingly without any sum of money paid or to be paid for the same And if upon search and veiw thereof any such Stuffs shall be found Defective Stuffs shall be sâ—ized and tryed by a Iury. and appear to be defective contrary to the Rules and Ordinances of the said Wardens and Assistants then all such defective Stuffs shall be seized by the said Wardens or any two of them and tried by a Iury of Twelve Artificers of the said Regulation of Worsted-weavers Six whereof to be of the City of Norwich and Six to be of the County of Norfolk who shall be from time to time Impanelled by a Precept under the Hand and Seal of the Mayor of the City of Norwich for the time being or his Deputy And if any who shall be so Impanelled shall fail in appearance the number to be made up either of the Master-weavers of the City of Norwich or of the County of Norfolk by a Precept from the said Mayor which Iury so Impanelled or taken and Sworn before the Mayor of the said City for the time being shall try the said Stuffs and find whether they be made according to this Act and the By-laws and Ordinances made by vertue thereof or of any other Act of Parliament and shall have power to impose a moderate fine according to the nature of the offence not excéeding the moyety of the value of the defective Stuffs so seized and tried the same fines to go to the use of the Trade and Manufacture And those Stuffs which shall be found defective to be detained until the fine or fines set upon them by the Iury be paid which if the Owner of the same Stuffs shall not pay to the said Wardens or some of them within fourty days after the Trial then the same Stuffs to be sold by any two of the said Wardens and the overplus of the moneys thereof coming after the fines deducted to be restored to the Owner upon demand And it is further Enacted That if any Warden or Wardens shall at any time seal The penalty for Sealing defective Stuffs or cause to be sealed any Stuffs made under the said Regulation which shall afterwards be discovered by any person to be defective contrary to this present Act and the By-laws Rules and Ordinances thereupon made or hereafter to be made or any of them and found so to be by a Iury of the twelve Artificers of the said Trade from time to time to be Impanelled and Sworn before the said Mayor or his Deputy and the said Steward of the Dutchy of Lancaster for the time being if he be there present And if the said Steward be absent then before the said Mayor or his Deputy onely of which Iury six shall be of the said City Weavers and the other six of the said Countrey-Weavers who shall have and hereby have power to set and impose a fine upon the Warden or Wardens of the said Trade offending for every piece of defective Stuff so sealed as the same Iury in their discretions shall think fit the same fine not excéeding the sum of Fourty shillings which shall be to the use of the Kings Majesty And that the same Iury or any other such like Iury from time to time to be Impanelled by and sworn before the persons aforesaid or any of them shall likewise enquire into all and every other the frauds abuses and miscarriages of the Wardens and Assistants and every of them in the execution of their Offices and correct and punish them and every of them for their several offences in such manner as is herein before mentioned to be done against any other offendors who are under the said Regulation Provided That if the said Wardens or any of them shall be unjustly molested Persons unjustly molested to have double damages and that if such Stuffs upon tryal shall be found by the Iury to be good and duely made or that they or the Assistants or any of them are not guilty of any such frauds miscarriages or abuses as they are complained of for the person or persons so causlesly molesting shall pay to the Wardens or Assistents or any of them so unjustly molested double the damages they or any of them shall or may sustain by any such molestation And be it further Enacted by the Authority aforesaid None may buy Stuffs unsealed That it shall not be lawful for any person or persons to buy any piece or pieces of Stuffs before the same be sealed by the Wardens of the said Trade saving to the Kings Majesty His Heirs and Successors all such right of Customs Subsidies and Aulnage of Norfolk and Norwich-Stuffs or Worsteds or any of them as he or they might lawfully have claimed before the making of this Act Saving
to be upheld repaired and maintained after it be so erected at the charge of the Lord of the Mannor wherein the said Bridge now standeth proportionable to the charge he is now at for maintaining the Horse-Bridge and the residue of the charge to be born by the Parishioners of the said Parish For which purpose the said Iustices of the Peace at their said publick Sessions are hereby enabled to make respective rates accordingly so as the sum to be assessed for the erecting the said Bridge excéed not the sum of One hundred pounds and the said Iustices are to take care that the said Bridge be finished by or before the First day of August in the year of our Lord God One thousand six hundred sixty and thrée And be it Enacted by the Authority aforesaid Bridges to have sufficient Walls or Posts and Rails That the said Surveyors do take care that all and every Bridge or Bridges within their respective limits shall before the Feast of St. Michael One thousand six hundred sixty and two have sufficient walls or posts and rails of each side thereof four foot high at the least and that the said walls or posts and pails be from time to time kept in sufficient repair Provided always And be it Enacted by the Authority aforesaid Proviso for chusing Surveyors for the year 1662. EXP. That the Surveyors of the High-ways named for the year One thousand six hundred sixty and two shall within twenty days after the publication of this Act procéed to do and execute all things in this Act for the said year One thousand six hundred sixty two And where there are no Surveyors of the High-ways chosen for the said year One thousand six hundred sixty two they shall be chosen within twenty days after publication of this Act by such persons as by this Act is appointed and being so chosen they shall hereafter do and execute all things according to the tenor of this Act. Provided also And be it Enacted by the Authority aforesaid That where any Lands are let Tenants to bear the charges of Assessments for High-ways the Tenant and Occupier thereof shall pay the Assessment and bear all charges for the mending of the High-ways and not the Landlord except where there is or shall be any agréement betwéen the said Landlord and the Tenant to the contrary Provided also and be it further Enacted The continuance of this Act. That the power of raising and levying money by vertue of this Act shall continue in force for thrée years only from the Five and twentieth day of March One thousand six hundred sixty and two and no longer but that all other Powers and Clauses in this Act shall continue and stand in force until the end of the first Session of the next Parliament and no longer CAP. VII Exportation of Leather and Raw Hides out of the Realm of England restrained WHereas notwithstanding the many good Laws before this time made and still in force 5 E. 6. cap. 15. 6 El. cap. 22. 8 El. cap. 14. 18 El. cap. 9. prohibiting the Exportation of Leather out of this Realm and the penalty by those Acts imposed by the cunning and subtilty of some persons and the neglect of others who ought to take care thereof there are such quantities of Leather daily exported to forreign parts that the price of Leather is grown to those excessive Rates that many Artificers working Leather cannot furnish themselves with sufficient store thereof for the carrying on of their Trades and the poor sort of people are not able to buy those things made of Leather which of necessity they must make use of For redress of which griefs Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled That from and after the First day of May now next ensuing no person or persons whatsoever shall carry or transport or cause to be carried or transported out of England into Scotland Ireland or into any of the Isles belonging to this Kingdom What Skins or Hides Tanned may not be transported or to any parts beyond the Seas the Skins or Hides Tanned or Vntanned of any Ox Stéer Bull Cow or Calf otherwise or in any other manner then is by this present Act directed And be it further Enacted by the Authority aforesaid That none of the Skins or Hides aforesaid which shall happen to be taken from any of the beasts aforesaid within any Island whatsoever belonging to the Kingdom of England except Ireland shall be transported out of that Island to any other place but into the Kingdom of England upon pain of forfeiture for every such offence double the value of Skins or Hides The Penalty so to be transported out of the said Island or any of them to any other place then into the Kingdom of England the same forfeiture to be sued for and disposed as hereafter in this Act is directed And for the better preventing of such mischiefs as are intended to be remedied by this Act Be it Enacted by the Authority aforesaid What Leather must be bought onely in open Fairs or Markets for selling Leather The Penalty That all Red Tanned Leather made of the Hides or Skins of any of the Beasts aforesaid of what kind or nature soevâ—â— shall be bought onely in the open and common Fair or Market used for the putting of Leather to sale and not in any House Tanners Yard Shop or other place whatsoever on pain that such person or persons that shall not accordingly do the same shall for every such offence forfeit the same Leather or the value thereof and the contract for the sale thereof shall be void and all such Leather shall be Searched and Sealed by the Searchers and Sealers thereunto appointed before the same be put to Sale and upon such sale shall be Registred and a true Entry thereof made both by the Buyer and Seller who are both to be present at such Registring thereof and both their names and places of abode entred into the Book of the said Register on pain that every such Buyer or Seller that shall not accordingly do the same shall for every such offence forfeit the same Leather or the value thereof and the forfeiture shall be recovered and imployed in such manner as hereafter in this Act is directed Penalty for Transportation of any Leather or Raw-Hides And be it further Enacted by the Authority aforesaid That if any person or persons shall be found guilty of the Transportation of any Leather or Raw Hides of any of the Beasts aforesaid excepting such Calve-skins and Shéep-skins dressed without the Wooll as by Law may be Transported contrary to the provision of this Act he shall from thenceforth be disabled to Trade or Deal in Leather for the future and shall for every such offence forfeit the sum of Five hundred pounds to be
two of them shall forthwith call all such Treasurers High-Constables Petty-Constables or other persons which have formerly béen Intrusted with the Receipt Collecting or Disposing of any such sum of Money charged upon any Parish by vertue of the Statute aforesaid and whereof no account hath béen given and likewise the Executors and Administrators of such person and persons unto a strict account concerning such Levies and Collections made And such Money as they shall find remaining in the custody of such persons to order forthwith to be paid for the intents and purposes aforesaid and no other to the Treasurer appointed by vertue of the said Statute or to be appointed by vertue of this present Act at the next Quarter-Sessions to be holden for such County or Liberty under such penalty as by the said Statute is set forth Which said Treasurer to be appointed by this Act shall continue by vertue hereof until Easter Sessions following The continuance of this Act. Provided That no Pension to be given or assigned by Authority hereof shall excéed to any one person the sum of Twenty pounds by the year This Act to continue to the end of the first Session of the next Parliament CAP. X. An Additional Revenue setled upon His Majesty His Heirs and Successors for the better support of His and their Crown and Dignity The great concernment of proportioning the Publique Revenue to the Charges and Expences FOrasmuch as nothing conduceth more to the Peace and Prosperity of a Nation and the Protection of every single person therein then that the Publick Revenue thereof may be in some measure proportioned to the Publick Charges and Expences We therefore Your Majesties most Loyal and Obedient Subjects the Commons assembled in Parliament having duly considered the Premisses do give and grant unto your most Excellent Majesty Your Heirs and Successors the Rates and Duties herein after mentioned and do most humbly beséech Your Majesty that it may be Enacted And be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in Parliament assembled and by the Authority of the same That from and after the Five and twentieth day of March in the year of our Lord God One thousand six hundred sixty and two every Dwelling and other House and Edifice and all Lodgings and Chambers in the Inns of Court Inns of Chancery Colledges and other Societies that are or hereafter shall be erected within the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed other then such as in this Act are hereafter excepted and declared shall be chargeable and by this present Act be and are charged with the Annual paâ—ment to the Kings Majesty Every Fire-Hearth and Stove charged with the yearly payment of 2 s. to the King his Heirs and Successors his Heirs and Successors for every Fire-Hearth and Stove within every such House Edifice Chambers and Lodging as aforesaid the sum of Two shillings by the year to be paid yearly and every year at the Feast of St. Michael the Arch-Angel and the Feast of the Annuntiation of the Blessed Virgin St. Mary by even and equal portions the First payment thereof to be paid upon the Feast-day of Saint Michael the Arch-Angel which shall be in the year of our Lord One thousand six hundred sixty and two And to the intent that a just account may be had and taken of all the said Hearths and Stoves by this Act intended to be charged Be it Enacted by the Authority aforesaid How an Accompt shall be taken of all Fire-Hearths and Stoves That every Owner or Occupier of every such House Edifice Lodgings and Chambers shall respectively within six dayes after notice given unto him or them by the respective Constables Headboroughs Tythingmen or other such Officers within whose Precinct the said House Edifice Chambers or Lodgings shall be or by the respective Treasurers or Officers of Inns of Court Inns of Chancery or other Officers of the respective Colledges and other Societies aforesaid wherein any such Lodgings and Chambers shall be deliver unto the said Constables Headboroughs Tithingmen or other such Officers as aforesaid respectively a true and just account in writing under the hands of such Owners or Occupiers as aforesaid of all the said Hearths and Stoves which are within their several and respective Houses Lodgings and Chambers aforesaid And be it Enacted by the Authority aforesaid That the respective Constables Headboroughs How and when the same shall be delivered in Tithingmen or other such Officers within whose limits any such House or Edifice charged by this Act as aforesaid are and the respective Treasurers and other Officers of the respective Inns of Court Inns of Chancery Colledges and other Societies aforesaid shall by the last day of May One thousand six hundred sixty and two require the several Occupiers of every such House Edifice Lodging and Chamber aforesaid to deliver in to them respectively Accounts in writing as aforesaid under their several and respective hands of all such Hearths and Stoves as aforesaid as shall be within their respective Houses Edifices Lodgings and Chambers and upon receipt of the same or upon default of such Account in writing or in case there be no occupiers then within six dayes after notice in writing fixt to the door requiring such Account to be made the said Constables or other Officers respectively as aforesaid shall enter into the said respective Houses in the day-time and compare such Accounts and sée whether the same be truly made or not And if no such Account be delivered then shall take information by their own view of the number of such Hearths and Stoves upon pain that every Constable Treasurer and other Officer aforesaid who shall neglect to do the same shall forfeit for every wéek he or they shall so neglect the sum of Five pounds and for every false return wilfully made contrary to this Act he or they shall forfeit and lose for every Hearth and Stove so falsly returned or omitted the sum of Forty shillings And be it further Enacted by the Authority aforesaid That the several Constables and other Officers who are hereby authorized to take the account of the aforesaid Hearths and Stoves within their particular Limits as aforesaid shall at the next Quarter-Sessions after the said last day of May to be holden for their respective Counties deliver all such Accounts in writing as they shall receive reform or take by their own view unto the Iustices of Peace in their respective Quarter-Sessions of the said Counties together with a true Note of the names of all such persons who shall refuse or neglect to give unto them an account under their hands of such Hearths and Stoves within their respective Houses Edifices Chambers and Lodgings as aforesaid And be it further Enacted How Accompts of Hearths and Stoves shall be enrolled and duplicates thereof by the Iustices
Rivers Streams Channels and Sands some places then appointed are become unfit and useless others much more convenient and commodious as well for Traffique and Commerce as for Landing and Discharging Lading and Shipping of Goods Wares and Merchandize It is Enacted and Ordained and be it Enacted and Ordained by the Authority aforesaid That the Kings Majesty may from time to time by his Highness Commission or Commissions out of his Court of Exchequer assign and appoint all such further Places Ports Members and Créeks except the Town of Hull as shall be lawful for the landing and discharging lading or shipping of any Goods Wares or Merchandize within the Kingdom of England Dominion of Wales or Port or Town of Berwick upon Tweed and to what ancient and head-Ports respectively such Places Members or Creeks shall belong and appertain And where any such Member Créek or Place shall be so as aforesaid appointed by vertue of the said Commission or Commissions the Customer Collector Comptroller and Searcher of the head-Port shall by themselves or their sufficient Deputy or Deputies servant or servants reside and inhabit for the entring clearing and passing shipping and discharging of Ships Goods and Merchandize And by vertue of the aforesaid Commission or Commissions may likewise set down and appoint the extents bounds and limits of every Port Haven or Créek within his Majesties Kingdom of England Dominion of Wales and Town and Port of Berwick whereby the extents limits and priviledges of every Port Haven and Créek may be ascertained and known And it shall not be lawful for any Person or Persons whatsoever to lade or put or cause to be laden or put off or from any Key Wharf or other place on the Land into any Ship Vessel Lighter Boat or Bottom any Goods Wares or Merchandize whatsoever Fish taken by his Majesties Subjects Sea-coal Stone and Bestials only excepted to be Transported into any place of the parts beyond the Seas or carried by land into the Realm of Scotland or to take up discharge or lay on land or cause or procure to be taken up discharged and laid on land out of any Boat Lighter Ship Vessel or Bottom being not in Leak or Wreck any Goods Wares or Merchandize whatsoever Fish taken by his Majesties Subjests Bestials and Salt only excepted to be brought from any of the parts beyond the Seas or by land from the Realm of Scotland by way of Merchandize but only upon such open Place Key or Wharf Places Keys or Wharfs as his Majesty shall from time to time assign and appoint by vertue of such Commission and Commissions as aforesaid in his Majesties Port of London and the Members and Liberties thereof in any other Port Place Member or Créek within his Majesties Kingdom of England Dominion of Wales and Town and Port of Berwick without special sufferance and leave first had from the Commissioners and Officers of his Majesties Customs upon the penalty of the forfeiture of all such Goods Wares and Merchandize For avoiding Practises between Owners of goods and Informers to avoid payment of customs None to seize any goods but officers of the customs And forasmuch as it doth appear by daily experience That there are great Practises and Combinations betwéen the Importers and Owners of Goods and Merchandizes and the Seizers and Informers with design and intent to defraud the force of the Law and his Majesty of his Duties and Customs Be it Enacted by the Authority aforesaid That no Ship or Ships Goods Wares or Merchandize shall be seized as forfeited for or by reason of unlawful Importation or Exportation into or out of this Kingdom of England Dominion of Wales or Port and Town of Berwick or any the Ports members or Créeks thereunto belonging or for not payment of any Customs or Subsidies now due or hereafter to be due and payable to his Majesty but by the person or persons who are or shall be appointed by his Majesty to manage his Customs or Officers of his Majesties Customs for the time being or such other person or persons as shall be deputed and authorized thereunto by Warrant from the Lord-Treasurer or Vnder-Treasurer or by special Commission from his Majesty under the Great or Privy-Seal And if any Seizure shall hereafter be made by any other Person or Persons whatsoever for any the Causes aforesaid such seizure shall be void and of none effect any Statute Law Act or Provision to the contrary in any wise notwithstanding In any suit against persons imployed about the customs the Defendant may plead the general issue 12 Car. 2. cap. 18. And be it further Enacted by the Authority aforesaid That in every Action Suit Indictment Information or Prosecution wherein or whereby the person or persons which are or shall be appointed by his Majesty for managing his Customs or the Officers of his Majesties Customs or any Officer or Officers Person or Persons authorized by his Majesty to put in execution the Act of Parliament For encreasing and encouraging of Navigation their Deputies or Servants or any others acting in aid of them have béen are or shall be sued indicted prosecuted or molested it shall be lawful for all and every the said Persons their Heirs Executors and Administrators to plead the general Issue And to give this for other acts relating to customs or Navigation in evidence and to give this or the aforesaid Acts of Parliament relating to the Customs and Navigation in evidence in any of his Majesties Courts of Iustice or other Courts where the said matter shall be depending And the Iudges of the said Courts are hereby strictly enjoyned and required to admit the same and to acquit and indemnifie them and every of them of and from all such Suits Indictments Informations or Prosecutions for or concerning any matter or thing acted or done in the due and necessary performance and execution of their respective Trusts and Imployments therein Be it hereby also Enacted for avoiding of fraudulent Compositions That if any Seizer For avoyding fraudulent compositions by Informers Informer or Officer as aforesaid shall not prosecute to effect for the bringing to Tryal and Condemnation the Ships Goods and Merchandize by them Seized or Informed against That then and in every such case it shall be lawful to or for any of the person or persons which are or shall be appointed by his Majesty for managing his Customs or the Officers of the Customs or other person or persons deputed by them or thereunto Authorized by the Lord-Treasurer or Vnder-Treasurer to make seizure of or inform against such Goods and Merchandize or bring his Action for the same by way of Devenerunt and that they shall be estéemed and adjudged in Law as the true first Informers and Seizers and have the benefit of such Informers or Seizers Any Law Statute Act or Vsage to the contrary in any wise notwithstanding And that no Informer or Officer be suffered to compound under one Third of the
or persons which he hath forfeited by the Statute aforesaid made in the nine and thirtieth year of the Quéen And whereas Constables Headboroughs or Tithingmen are or may be at great charge in relieving conveying with Passes and in carrying Rogues Vagabonds and sturdy Beggars to Houses of Correction or the Work-houses herein mentioned and as yet have no power by Law to make Rates to reimburse themselves Be it therefore Enacted by the Authority aforesaid That all Constables Headboroughs and Tithingmen so out of purse as aforesaid together with the Church-wardens and Overséers of the poor and other Inhabitants of the said Parish shall hereby have power and Authority to make an indifferent Rate Power to make rates and to tax all the Occupiers of Lands and Inhabitants and all other persons chargeable by the Statute of the thrée and fortieth of Elizabeth concerning the Office and Duty of Overséers for the poor within the said Parish which Rate being confirmed under the hands and Seals of any two Iustices of Peace 43 El. cap. 2. as aforesaid the said Constable Headborough or Tithingmen shall have power by Warrant under the hands and Seals of two Iustices of Peace to levy by distress and sale of the goods of any person or persons refusing to pay the same rendring the overplus to the Owner if any shall be Putative fathers of Bastard-children running away how to be proceeded against And whereas the putative Fathers and lewd Mothers of Bastard-Children run away out of the Parish and somtimes out of the County and leave the said Bastard children upon the charge of the Parish where they are born although such putative Father and Mother have Estates sufficient to discharge such Parish Be it therefore Enacted by the Authority aforesaid That it shall and may be lawful for the Church-wardens and Overséers for the poor of such Parish where any Bastard-Child shall be born to take and seise so much of the Goods and Chattels and to receive so much of the Annual Rents or profits of the Lands of such putative father or lewd mother as shall be ordered by any two Iustices of Peace as aforesaid for or towards the discharge of the Parish to be confirmed at the Sessions for the bringing up and providing for such Bastard-Child And thereupon it shall be lawful for the Sessions to make an Order for the Church-wardens or Overséers for the poor of such Parish to dispose of the goods by Sale or otherwise or so much of them for the purposes aforesaid as the Court shall think fit and to receive the rents and profits or so much of them as shall be ordered by the Sessions as aforesaid of his or her Lands Persons sued for matters in this Act may plead the General Issue And if any person or persons shall be sued for any matter or thing which he shall do in execution of this Act he may plead the General Issue and give the special matter in Evidence And if the Verdict shall pass for the Defendant or if the Plaintiff be Nonsuited or Discontinue his Suit the Defendant shall recover treble Damages Lancashire Cheshire Derbyshire Yorkshire Durham Cumberland Westmerland 43 El. cap. 2. Whereas the Inhabitants of the Counties of Lancashire Cheshire Derbyshire Yorkshire Northumberland the Bishoprick of Durham Cumberland and Westmerland and many other Counties in England and Wales by reason of the largeness of the Parishes within the same have not nor cannot reap the benefit of the Act of Parliament made in the thrée and fortieth year of the Reign of the late Quéen Elizabeth for relief of the poor Therefore be it Enacted by the Authority aforesaid That all and every the poor néedy impotent and lame person and persons within every Township or Village within the several Counties aforesaid shall from and after the passing of this Act be maintained kept provided for and set on work within the several and respective Township and Village wherein he she or they shall inhabit or wherein he she or they was or were last lawfully setled according to the intent and meaning of this Act and that there shall be yearly chosen and appointed according to the rules and directions in the said Act of the thrée and fortieth year of Quéen Elizabeth mentioned two or more Overséers of the poor within every of the said Townships or Villages who shall from time to time do perform and execute all and every the Acts powers and authorities for the necessary relief of the poor within the said Township or Village and shall lose forfeit and suffer all such pains and penalties for non-performance thereof as is limited mentioned and appointed in and by the said in-part-recited Act. And be it further Enacted by the Authority aforesaid That the Iustices of Peace within the said Counties shall have and enjoy such and the like powers and authorities to raise and levy moneys and to do and execute all and every such other Act and thing whatsoever within every Township or Village within the said County where they are Iustices as is given limited and appointed unto and for them to do and execute within any Parish or Parishes in and by the said Act made in the said thrée and fortieth year of the said late Quéen Elizabeth under such and the like pains and penalties for the non-performance of their Duties to be levyed and disposed of as is nominated and expressed in the said Act. Power of the Iustices to transport rogues and vagabonds Provided alwayes and be it Enacted by the Authority aforesaid That it shall and may be lawfull for the Iustices of Peace in any of the Counties of England and Wales in their Quarter-Sessions Assembled or the major part of them to Transport or cause to be Transported such Rogues Vagabonds and sturdy Beggars as shall be duly convicted and adjudged to be incorrigible to any of the English plantations beyond the Seas Proviso for the Dean and chapter of Westminster Provided also That neither this Act nor any thing therein contained shall extend to be or be construed expounded or taken to the prejudice or infringement of any the franchises rights liberties or priviledges heretofore granted by the Kings and Quéens of this Realm his Majesties Royal Predecessors to the Dean and Chapter of the Collegiate Church of St. Peter in Westminster The continuance of divers parts of this Act. Provided always That this Act as to all the matters therein contained excepting what relates unto the Corporations mentioned and constituted thereby shall extend and be in force untill the nine and twentieth day of May One thousand six hundred sixty five and the end of the first Session of the next Parliament then next ensuing and no longer CAP. XIII Importation of Forreign Bonelace Cut-work Imbroidery Fringe Band-strings Buttons and Needle-work prohibited VVHereas great numbers of the Inhabitants of this Kingdom are imployed in the making of Bonelace Band-strings Buttons Néedlework Fringe and Imbroideries who
aiding assisting or consenting thereunto shall be and shall be adjudged and taken to be a felon and every Offender and Offenders therein being duly convicted shall suffer and forfeit as in case of felony And be it further Enacted by the Authority aforesaid That every offence Offences against this Act where to be examined tryed which shall be done or committed contrary to this Act shall and may be enquired of and heard examined tryed and determined in the County where such Shéep Wool Woolfels Mortlings Shorlings Yarn made of Wool Woolflocks Fullers Earth or Fulling Clay respectively shall be so Packed laden or laid on board as aforesaid or else in the County where such Offender shall happen to be apprehended or arrested for such offence in such manner and form and to such effect to all intents and purposes as if the same offence had béen wholly done and committed in the same County Provided also that every Baron and other Péer of this Realm Peers which shall be indicted or accused as principal or accessary in or to any offence made felony by this Act shall have his her or their Tryal by his her or their Péers as in cases of felony at the Common Law Provided always and be it Enacted by the Authority aforesaid None to be impeached unless within one year next after the offence committed That no person or persons whatsoever shall at any time hereafter be impeached for any offence made felony by this Act unless such person or persons shall be thereof indicted within the space of one year next ensuing such offence committed And forasmuch as great quantities of Wool Woollen yarn and Wool-flocks are close packed and pressed together with serues and other unlawful engines into Butts Pipes Hogsheads Chests and other Cask and Vessels and into Sacks Baggs and other wrappers made of Wool or Linen and under colour of Bales Sacks Baggs Packs and Casks of other Goods and otherwise great quantities of the same are daily loaden on board of Ships or other Vessels and so are carryed conveyed exported and transported out of the Kingdoms Town of Berwick and Dominion aforesaid and also great quantities are daily carryed and laid at or near the Coasts of the Sea or some Navigable Rivers into Store-houses and Barns and by night are laid on board of Shallops and other Vessels belonging to Aliens and so carryed and exported out of the Kingdoms Town of Berwick and Dominion aforesaid Be it therefore Enacted by the Authority aforesaid That from and after the said first day of August Scrues and unlawful Engines for pressing together of wool not to be used no person or persons shall press together with any Scrues Presses or other Engines into any Sack Pack Bag or other wrapper or shall put press pack or stean any Wool whatsoever or any Yarn made of Wool into any Butt Pipe Hogshead Chest or any other Cask or Vessel upon any pretence whatsoever or shall carry or lay or cause to be carried or laid at or near the Shore or Coasts of the Sea or of any Navigable River or into any house or place near adjoyning thereunto any such Wool Wool-flocks or Yarn made of Wool with intention to export transport carry or convey the same out of the Kingdoms of England or Ireland Town of Berwick upon Tweed or Dominion of Wales into the Kingdom of Scotland or into any Foreign parts under the penalty of the loss and forfeiture of all such Wool The penalty Wool-flocks and Yarn made of Wool as shall be so packed or pressed or put or laid into Cask or carried and laid near to the Sea-shoar or to any Navigable River as aforesaid or the value thereof And whereas great quantities of Fullers Earth or Fulling Clay Fulling clay Tobacco-pipe clay not to be exported are daily carried and exported under the colour of Tobacco-pipe Clay Be it therefore Enacted by the Authority aforesaid That no Tobacco-pipe Clay shall from and after the first day of August One thousand six hundred sixty and two be exported transported carried or conveyed out of or from the Kingdom of England Town of Berwick upon Tweed or after the first day of January One thousand six hundred sixty and two out of or from the Kingdom of Ireland or the Dominion of Wales The penalty into the Kingdom of Scotland or into any Foreign parts or into any Port or place out of the Kingdoms or Dominion aforesaid under the penalty of thrée shillings for every pound of Tobacco-pipe Clay which shall be exported or transported contrary to this Act. And be it further Enacted by the Authority aforesaid That from and after the first day of August One thousand six hundred sixty and two no Packs Sacks Bags or Cask of any Wool Packs of wool woolfels c. shall not be carryed but in the day time Wool-fels Mortlings Shorlings Yarn made of Wool Wool-flocks Fullers Earth Fulling Clay or Tobacco-pipe Clay shall be laid or loaden on any horse cart or other carriage whatsoever or shall be carried or conveyed by land to or from any place or places within the Kingdom of England Town of Berwick or Dominion aforesaid nor after the first day of January One thousand six hundred sixty two in the Kingdom of Ireland but in the day time and at seasonable hours that is to say from and after the first day of March to the nine and twentieth day of September yearly betwéen the hours of four of the clock in the morning and eight of the clock in the evening and from the nine and twentieth day of September to the first day of March yearly betwéen the hours of seven of the clock in the morning and five of the clock in the evening The penalty under the penalty of the loss and forfeiture of all such goods or the value thereof the one moyety of all which forfeitures mentioned in this Act to be to the use of the King his Heirs and Successors and the other moyety to him or them that will sue for the same by Action of Debt Bill Plaint or Information in any Court of Record in which no Essoign Protection or Wager of Law shall be admitted or allowed Provided nevertheless Proviso concerning the Act. That this Act or any thing therein contained shall not extend or be construed to extend to repeal disanul and make void any the Penalties Clauses or Provisoes mentioned in one Act of this present Session of Parliament made against the transportation of Wool Wool-fels Fullers Earth or any kind of Scouring Earth 12 Car. 2. c. 32 13 Car. 2. c. 14 or to the prohibiting of the loading on board of any Ship or Vessel of any Weather-sheep Wool Wool-flocks or other goods mentioned in this Act that by the aforesaid Act is permitted to be loaden on board of any Ship or Vessel for the necessary use or provision of such ship or vessel as aforesaid Any thing in this Act contained to
the contrary in any wise notwithstanding Proviso for owners of ships that have offended and shall first discover the same Provided always That if any Owner of any Ship or Vessel or any Master or Mariner knowing of such transportation of such shéep wool woolfels mortlings shorlings yarn made of wool wool-flocks Fullers earth Fulling clay or Tobacco-pipe clay shall within thrée moneths next after the knowledg thereof or after his return into the Kingdom of England or Ireland or into the said Town of Berwick or Dominion of Wales aforesaid give the first information bona fide before any of the Barons of either of the Courts of the Exchequer in England or Ireland for the time being or before the head Officer of any Port where he shall first arrive upon his or their Oath of the number and quantity of the goods mentioned in this Act so carryed conveyed and transported and by whom where and in what ship or vessel and afterwards shall be ready upon reasonable warning by Process to justify and prove the same that then such Owner and Owners Master Mariner and Mariners shall not be punished for felony by vertue of this Act but shall nevertheless be subject to all other penalties and forfeitures in this or any other Act contained for the Offence aforesaid and all such Exportation Transportation carrying or conveying of any the goods Common nusance Who may hear and determine the said offences wares or commodities in this Act mentioned is hereby declared and adjudged to be a common and publick Nusance And for the better execution of this Act be it further Enacted that all Iustices of Assize Iustices of Goal-delivery and Iustices of Peace shall enquire of all the premisses in their General Quarter-Sessions and hear and determine the same and that all Mayors Bailiffs and other head Officers of Cities Burroughs and Towns not having Iurisdiction to try felony shall enquire of all and every Offence within this Act not made felony and hear and determine the same CAP. XIX Importing of Foreign Wool-cards Card-wire or Iron-wire prohibited WHereas by the Acts of Parliament made in the third year of King Edward the fourth and the nine and thirtieth year of Quéen Elizabeth 3 E. 4. ca. 4. â—9 El. c. 14. and several other Statutes before that time made It is Enacted amongst other things therein contained that no Cards for wool nor Iron thread commonly called white wire shall be Imported sent or conveyed into this Realm of England wherein the best Iron thread or wire for making wool-cards is made and by the said manufacture of making and drawing of wire and wool-cards very many poor people of this Kingdom and their families have béen imployed and maintained and the wool-cards made thereof are of great concernment to this Kingdom for the good making of woollen Cloth And whereas contrary to the said Statutes not only much Foreign Card-wire but also Foreign wool-cards have béen in these late times Imported into this Kingdom and also within the same many old wool-cards are by ill disposed persons for their private lucre bought up and the old Iron-wire of the said old wool-cards being very weak and insufficient for the well carding of wool is put into new leather and new boards and so uttered and sold to ignorant people for new wool-cards to their great detriment and the indamaging of their work carding of wool and the cloth made thereof By all which very great inconveniencies have béen found by experience of Clothiers in their making of English Cloth which is lately much debased and decayed and wherein this Nation is greatly concerned to uphold and encourage the well making thereof in and by all wayes and means in any wise conducible thereunto Be it therefore Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and the Commons assembled in Parliament No Foreign wool-cards card-wire or iron wire for wool-cards may be imported And it is hereby Enacted by the Authority aforesaid That no Foreign wool-cards or Foreign Card-wire or Iron-wire for making of wool-cards be Imported into this Kingdom of England Dominion of Wales or any parts thereof nor used within the same nor any Card-wire taken out of old Cards be from henceforth put into new leather and new Card-boards nor any such wool-cards made thereof be put to sale upon the pains penalties and forfeitures hereafter following that is to say Every person or persons who shall import or bring any Foreign wool-cards or Foreign Card-wire or Iron-wire for making of wool-cards into this Kingdom of England The penalty Dominion of Wales or any parts thereof or make any wool-cards of any such old Card-wire as aforesaid or put the same to sale shall forfeit the said wool-cards and Card-wire or Iron wire for making wool-cards or the value thereof if the same be not seised the one half part thereof to the Kings Majesty and the other half part thereof to such person or persons who shall first seise or sue for the same by Action of Debt Plaint Bill Information or Indictment in any of his Majesties Courts of Record at Westminster or within the County City Burrough or Town Corporate where such offence shall be committed wherein no Essoign Protection Wager of Law or Injunction shall be allowed or admitted Proviso for amending of old wool-cards Provided always That this Act shall not extend to hinder the Owners of any wool-cards to cause them to be amended for their own use or to transport or sell for Transportation onely any their old overworn wool-cards in any parts beyond the Seas out of his Majesties Dominions CAP. XX. Provision of Carriage by Land and by Water for the use of His Majesties Navy and Ordnance WHereas by an Act Entituled An Act for taking away the Court of Wards and Liveries 12 Car. 2. cap. 24. and Tenures in Capite and by Knights Service and Purveyance and for setling a Revenue upon His Majesty in lieu thereof It was amongst other things Enacted for the reasons and recompence therein expressed That from thenceforth no Person or Persons by any Warrant Commission or Authority under the Great Seal or otherwise by colour of buying or making provision or purveyance for his Majesty or any Quéen of England for the time being or of any the Children of any King or Quéen of England that shall be or for his their or any of their Houshold shall take any Cart Carriage or other thing whatsoever of any the Subjects of his Majesty his Heirs or Successors without the free and full consent of the Owner or Owners thereof had and obtained without Menace or Enforcement nor shall summon warn take use or require any of the said Subjects to furnish or find any Horses Oxen or other Cattel Carts Ploughs Wayns or other Carriages for the use of his Majesty his Heirs or Successors or of any Queen of England or of any Child or Children
to spare any person from making such carriage by Land or by Water or shall injuriously charge or grieve any person or persons through envy hatred or evil will who ought not to make such carriage or shall impress more carriages then the necessity of the service shall require or then he shall be commanded to impress by his Superiours That then upon due proof and conviction thereof the party so offending shall forfeit the sum of Ten pounds to the party thereby grieved The penalty and how to be recovered who may sue for the same to be recovered by Action of Debt in any of his Majesties Courts of Record wherein no Essoign Protection or Wager of Law shall be allowed And in case any person or persons shall presume to take upon him or them to impress any Horses None may impress other then persons impowered as aforesaid The penalty Oxen Wayns or Carriages for Land or any Ships Hoys Lighters Boats or other Vessel for the service of his Majesties Navy or Ordnance other then the Persons so impowered as aforesaid then he or they so offending shall upon due conviction of the said offence incur and suffer the punishment in the first recited Act. Ships and vessels fraighted by charter-party exempted Provided always and be it Enacted That no Ship Hoy Barque or any other Vessel whatsoever that shall be really and bona fide fraighted by Charter-Party if there be other Vessels in the Port fitting for the Service nor any Vessel quarter laden with any Goods Wares or Merchandises outward bound shall be lyable to be Impressed for any the Services aforesaid Any thing in this Act to the contrary notwithstanding The continuance of this Act. Provided That this Act and the Powers therein contained shall continue and be in force untill the end of the first Session of the next Parliament and no longer Any thing herein contained to the contrary in any wise notwithstanding Inhabitants of the new Forest of Southampton Provided nevertheless That in regard of the more then ordinary charge and burden which the Inhabitants of New-Forest in the County of Southampton will be liable unto by reason of the great quantities of Timber usually felled and carried thence for the use of His Majesties Navy It shall and may be lawful for the Iustices of the Peace who shall by Warrant summon the Carts and Carriages within the Division of the New-Forest in the County of Southampton aforesaid to have power as to the Carriage of Timber onely to allow as aforesaid to the several Owners of such Carts and Carriages not excéeding Four pence per mile for so many miles as any Cart or Carriage so summoned shall go empty to the place of its lading Any thing in this Act contained to the contrary in any wise notwithstanding CAP. XXI For preventing the unnecessary Charge of Sheriffs and for ease in passing their Accompts WHereas the Office of Sheriff as well by reason of the great and unnecessary Charges in the time of Assises and other publick méetings as by the tedious attendance and charge of Sheriffs in passing of their Accompts in the Exchequer hath of late years béen very burthensome to the Gentry of this Your Realm who in the late times of Tyranny and Oppression have béen great Sufferers and thereby much Impoverished in their Estates and Fortunes for remedy wherein Your Majesties most Loyal Subjects the Knights Citizens and Burgesses assembled in Parliament do most humbly beseech Your most Excellent Majesty that it may be Declared and Enacted And be it Declared and Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spirituall and Temporall and the Commons in this present Parliament assembled and by the Authority of the same That no Person or Persons being duly sworn into the Office of Sheriff for any County or Shire within this Your Majesties Realm shall from and after the First day of February next ensuing Sheriffs at the Assises may keep no tables for others then of their own Family and Retinue Nor make no present or gift to any Iudge of Assise The number of Servants with Liveries in England Wales Penalty of 200 l. in the time of the Assises held for the said County or Shire during his or their Sherifalty kéep or maintain or cause to be kept or maintained one or more Table or Tables for Receipt or entertainment of any person or persons resorting to the said Assises other then those that shall be of his own Family or Retinue nor shall make or send in any Present to any Iudge or Iudges of Assise for his or their provision nor give any gratuity to his or their Officers or Servants or any of them And also that no Sheriff shall after the said first day of February have more then Forty Men-servants with Liveries attending upon him in the time of the said Assises nor under the number of Twenty Men-servants in any County whatsoever within the Kingdom of England nor under the number of Twelve Men-servants in any County within the Dominion of Wales upon pain that every Sheriff offending in any of the premisses contrary to the true meaning hereof shall forfeit for every default the sum of two hundred pounds Provided that nothing before in this Act contained shall in any wise extend unto Proviso for Sheriffs of London Middlesex Westmerland and Cities Counties or any ways concern the Sheriffs of the City of London and Middlesex and the Sheriff of Westmerland or either of them or any of the Sheriffs of or belonging to any City and County or Town and County within this Realm but that the same Sheriff or Sheriffs shall or may do as heretofore hath béen used or accustomed within the said County of Middlesex and Cities of London and Westminster and such other Cities and Counties or Towns and Counties aforesaid Any thing herein before contained to the contrary in any wise notwithstanding How Sheriffs shall be eased in passing their accompts in the Exchequer And to the end that Sheriffs may for the time future be eased of the great charge and trouble which they heretofore have béen put to in passing their Accounts in the Exchequer occasioned partly in regard that divers sums of money have stood charged upon them in gross without expressing from what persons for what cause or out of what Lands or Tenements the same are to be particularly levied or out of what particulars the said sums in gross do arise whereby it cometh to pass that the said Sheriffs do still stand charged in gross with divers sums of money which were heretofore payable by Abbots Priors persons attainted and such other persons whose Estates have since come to the Crown or are otherwise discharged or illeviable and partly by the Accompt of Seizures or Foreign Accompt and by the exaction of undue Fées of Sheriffs upon their apposal concerning the same For the preventing whereof and for the future
within the said Accompt whereupon he had his Quietus est unless such Sheriff should be called in question for such sums of Money so pretended to be Levied and not Accompted for within four years after the time of such Accompt and Quietus est which Act notwithstanding divers Sheriffs and their Heirs upon such pretences have béen molested and troubled many years after their Accompts and Quietus est and have had Process sent out against them contrary to the true intent and meaning of the said Act It is hereby further Provided and Enacted That when any Sheriff or Sheriffs within the Kingdom of England or Dominion of Wales upon passing their Accompts shall have their Quietus est that then such Sheriff and Sheriffs their Heirs Executors and Administrators Lands Tenements Goods and Chattels shall be thereby absolutely discharged of all manner of sum or sums of Money whatsoever by them Levyed and Received notwithstanding any such pretence that the same were not accompted for or other pretence whatsoever unless such Sheriff or Sheriffs shall be called in question and that Iudgment shall be given against him or them for the same within four years next after such Accompt or Quietus est and that every Officer or Minister by whom or by whose default any Writ or Process contrary to this Act shall be sent out shall incur the like Forfeitures and Penalties to be recovered and inflicted by such persons and in such manner as by the aforesaid Act is provided Provided alwayes That this Act or any thing therein contained shall not extend to the Counties of Chester Chester Lancaster Durham Wales Lancaster Durham or the Counties in Wales being County-Palatines as to their manner of accompting but that the Sheriffs therein shall accompt as formerly before the respective Auditors only and not elsewhere Proviso touching the Kings Remembrancer Lord Treasurers Remembrancer Provided That this Act or any thing therein contained shall not extend to enjoyn His Majesties Remembrancer or the Lord Treasurers Remembrancer to transcribe and deliver to the Ingrosser of the great Roll any Inquisitions or Seisures but such as have béen formerly charged in the Foreign Accompts of the Sheriffs but for all Inquisitions upon Attainders or other Forfeitures to the Crown the same shall be put in charge as heretofore they have béen according to the constant usage and Decrée of the Court of Exchequer Nor shall this Act or any thing therein contained extend to exclude His Majesties said Remembrancer of or from the writing forth Process for or upon any His Majesties Debts Duties Outlawries or other charge whatsoever or Process of Levari facias at the prosecution of any person or persons to levy the Issues or Profits of any Lands or Tenements seised or to be seised into the Kings hands or Process of Venditioni exponas for Goods seised or to be seised upon any Debt to His Majesty His Heirs or Successors or upon any Outlawry or to alter or change the Pleadings or other Procéedings heretofore used and accustomed in the said Office upon any Pleadings touching the said Debts Duties and Seisures or any of them whatsoever And that no Debt Duty Fine Amerciament or Seisure whatsoever which shall be charged in the said great Roll of the Pipe upon any person whatsoever by or from any Record Process or Procéeding had made filed or recorded in the Office of His Majesties Remembrancer of his Exchequer nor any Process or Procéeding thereupon to be had or made by vertue of this Act shall be respited stayed mitigated extenuated compounded or otherwise discharged but by Order Warrant or Iudgment made filed or entred in the said Office of His Majesties Remembrancer where the original of such Debt Duty or Charge as aforesaid is and remaineth And that in case any Process of Summons of the Pipe have béen or shall be awarded for or upon any such Debt Duty Fine Amerciament or Seisure whatsoever and the same Debt Duty Fine Amerciament or Seisure shall not upon such Summons of the Pipe be levied or answered unto His Majesty That then the Clerk of the Pipe or Engrosser of the Great Roll shall the next Term after the return of such Summons certifie the same in a Schedule into the Office of His Majesties Remembrancer aforesaid to the end that further Process may be from thence written forth for the Levying and Answering thereof And that this Act or any thing therein contained shall not extend unto nor be construed to be prejudicial to His Majesties Remembrancer in His Exchequer in any just ancient and lawful Fées by him claimed or belonging or incident to His Office and usually had and received by him or his Predecessors Any thing in this Act contained to the contrary in any wise notwithstanding The conttnuance This Act to continue to the end of the first Session of the next Parliament and no longer CAP. XXII For Preventing of Theft and Rapine upon the Northern Borders of England VVHereas a great number of Lewd Disorderly and Lawless Persons being Thieves and Robbers who are commonly called Moss-Troopers have successively for many and sundry years last past béen bred resided in and frequented the borders of the two respective Counties of Northumberland and Cumberland and the next adjacent parts of Scotland and they taking the opportunity of the large waste Grounds Heaths and Mosses and the many intricate and dangerous Wayes and By-paths in those parts do usually after the most notorious Crimes committed by them escape over from the one Kingdom into the other respectively and so avoid the hand of Iustice in regard the Offences done and perpetrated in the one Kingdom cannot be punished in the other And whereas since the time of the late unhappy distractions such Offences and Offenders as aforesaid have excéedingly more increased and abounded and the several Inhabitants of the said respective Counties have béen for divers years last past necessitated at their own frée and voluntary charge to maintain several Parties of Horse for the necessary defence of their Persons Families and Goods and to the end the aforesaid evil and pernicious members might be apprehended and brought to Iudgment And whereas the most part of the Inhabitants of the said Counties being more remote from the Borders then other parts and consequently not so much exposed to imminent dangers as others are therefore unwilling to contribute their proportionable parts of the aforesaid Charge and yet notwithstanding it cannot probably or possibly be avoided but that those Inhabitants of the respective Counties who hold themselves most secure must certainly sustain much damage and detriment in their Goods and Estates in case the aforesaid Moss-Troopers be not timely suppressed but suffered to grow numerous strong and potent which they must néeds do in case there be no restraint upon them Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spirituall and Temporall and Commons in this present Parliament Assembled
respective shores upon the penalty of forfeiture of the said Nets so imployed or the full value thereof and one moneths Imprisonment without Bail or Mainprize Pilchards and Fumathoes to be bought of the Owners and Adventurers in Fishing And it is hereby Enacted by the Authority aforesaid That if any person or persons being neither Owners Partners or Adventurers in the Craft of Fishery and in the Boats and Saynes thereunto belonging or shall presume from and after the day before limited to make or cause to be made any Pilchards or Fumathoes in Cask to be Sold or Transported except he or they shall openly buy the aforesaid Fish of the respective Owners Partners and Adventurers in the said Pilchard Craft or with their express allowance leave and consent that they shall in such case forfeit all and singular such Pilchards and Fumathoes so made and every Cask thereof or their full value the one half to the King and the other half to him or them that shall so sue for the same by Bill Plaint or other Information and upon Legal proof recover the same And be it further Enacted That if any Owner Partner or Company or any other person or persons whatsoever shall fraudulently purloyn imbezel hide convey carry away or dispose by sale or otherwise or cause to be purloyned imbezelled hidden conveyed carried away or disposed out of the Nets Boats or Cellars any Pilchard Fish without the express leave consent and allowance of the proper Owner and major part of the Company respectively that then every such person and persons that shall offend therein upon legal evidence shall pay treble the value in satisfaction to the parties so wronged and be sent to the House of Correction for thrée moneths And be it further Enacted by the Authority aforesaid Idle and suspicious flocking about Pilchard Boats to depart upon warning That if any idle or suspicious person or persons shall in the night assemble and flock together about the Boats Nets or Sellars belonging to any Pilchard-Craft upon any the Coasts of Cornwal or Devon having no business there to do and being warned by the Company or Owner of such Boats or Sellars to be gone that then upon complaint made unto any one Iustice of the Peace every such person or persons refusing so to do shall pay Five shillings to the poor of the Parish where such offence was committed or shall be set in the Stocks for the space of Five hours CAP. XXIX An Act for the Reversing of the Earl of Strafford his Attainder WHereas Thomas late Earl of Strafford was Impeached of High Treason The Reasons and Grounds of Repealing the Attainder upon pretence of endeavouring to Subvert the Fundamental Laws and called to a publick and solemn Arraignment and Trial before the Péers in Parliament where he made a particular Defence to every Article objected against him insomuch that the Turbulent party then séeing no hopes to effect their unjust designs by any ordinary way and method of procéedings did at last resolve to attempt the destruction and Attainder of the said Earl by an Act of Parliament to be therefore purposely made to Condemn him upon accumulative Treason none of the pretended Crimes being Treason apart and so could not be in the whole if they had béen proved as they were not and also adjudged him guilty of constructive Treason that is of levying War against the King though it was onely the commanding an Order of the Council-Board in Ireland to be executed by a Serjeant at Arms and Thrée or Four Souldiers which was the constant practice of the Deputies there for a long time To which end they having first presented a Bill for this intent to the House of Commons and finding there more opposition then they expected they caused a multitude of Tumultuous persons to come down to Westminster Armed with Swords and Staves and to fill both the Palace-Yards and all the Approaches to both Houses of Parliament with fury and clamour and to require Iustice spéedy Iustice against the Earl of Strafford And having by these and other undue practices obtained that Bill to pass in the House of Commons they caused the Names of those resolute Gentlemen who in a case of innocent blood had fréely discharged their consciences being Nine and fifty to be posted up in several places about the Cities of London and Westminster and stiled them Straffordians and Enemies to their Countrey hoping thereby to deliver them up to the fury of the people whom they had endeavoured to incense against them and then procured the said Bill to be sent up to the House of Péers where it having sometime rested under great deliberation at last in a time when a great part of the Péers were absent by reason of the Tumults and many of those who were present protested against it the said Bill passed in the House of Péers And at length his late Majesty King Charles the First of Glorious memory granted a Commission for giving his Royal assent thereunto which nevertheless was done by his said Majesty with excéeding great sorrow then and ever remembred by him with unexpressible grief of heart and out of His Majesties great Piety he did pulickly express it when his own Sacred life was taken away by the most detestable Traitours that ever were For all which causes Be it Declared and Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled That the Act Entituled An Act for the Attainder of Thomas Earl of Strafford of High Treason and all and every Clause Article and thing therein contained being obtained as aforesaid is now hereby repealed revoked and reversed And to the end that right be done to the memory of the deceased Earl of Strafford aforesaid Be it further Enacted That all Records and procéedings of Parliament relating to the said Attainder be wholly cancelled and taken off the File or otherwise defaced and obliterated to the intent the same may not be visible in after-ages or brought into example to the prejudice of any person whatsoever Provided That this Act shall not extend to the future questioning of any person or persons however concerned in this business or who had any hand in the Tumults or disorderly procuring the Act aforesaid Any thing herein contained to the contrary thereof notwithstanding CAP. XXX Madder shall be Imported pure and unmixed REP. 15 Car. 2. cap. 16. CAP. XXXI The Inconvenience by Melting the Silver Coyn of this Realm prevented 9 E. 3. cap. 3. WHereas by an Act made in the Ninth year of King Edward the Third it is Enacted That no sterling Half-peny or Farthing shall be moulten to make Vessel or any other thing by Goldsmiths or any other upon pain of forfeiture of the moneys so moulten 17 R. 2. cap. 1. Whereas by one other Statute made in the Seventéenth year of King Richard the Second
power to Administer as followeth The Oath to be taken by Searchers I A. B. do swear that I shall well and truly execute the Office of Searcher of Broad Woollen Cloth within the West-Riding of the County of York according to the Laws and Statutes of this Realm and according to the best of my Skill and Knowledge So help me God And be it further Enacted That if any Searcher shall fail in the due Execution of his Office contrary to his Oath and Laws and Statutes in that case made and provided every such Searcher shall forfeit and lose for such Fault or not setting to such Seal of Lead as aforesaid Five pounds Penalty upon Searchers And that it shall and may be lawful to and for any other Searcher in the West-Riding taking with him one of the said Wardens of the said Corporation to research any of the said Clothes Any thing in any former Statute to the contrary thereof in any wise notwithstanding The Authority and power of the Searchers And it is further Enacted That it shall and may be lawful to and for all and every such Searcher and Searchers from time to time so often as occasion shall require to enter into any Shop house Ware-house or any other place in the day-time of any Clothiers Drapers Cloth-Workers or of any other person or persons whatsoever where any of the said Cloths shall be within the said West-Riding to search for all suspected Cloth And in case of resistance the party so resisting shall forfeit the sum of Ten pounds the one half thereof to His Majesty the other half to the use of the said Corporation And if upon such Search any Broad-Cloth shall be found made of or mixed with Flocks Thrums Goats hair or other deceitful Wooll the said Cloth shall be and is hereby Declared and Enacted to be forfeited And that it shall and may be lawful to and for the said Iustices Masters Wardens and Assistants or any thirteen of them at any Court to be by them held as aforesaid to dispose thereof in such manner as by the Laws and Statutes of this Realm the same ought to be disposed None may make broad Cloth but such as have served as apprentizes so Clothiers for 7. years or have been exercised in the Trade for that time The Penalty Housholders and houswifes may not make Cloth to sell not being free of the said Trade The Penalty And be it further Enacted That no person or persons within the said West-Riding who hath not served as an Apprentice to the Trade of Clothier for the space of Seven years or have not béen exercised therein by the like space of seven years before shall make any Broad-Cloth to sell under the penalty of five pounds for every Moneth that he she or they shall continue to exercise the said Trade excepting such persons only as now be in the actual use and exercise of the said Trade That one moyetie thereof to be paid to the Kings Majesty His Heirs and Successors and the other moyetie to the use of the said Corporation And that no Housholder or Houswife within the said West-Riding or elsewhere within the said County not being frée of the said Trade of Clothiers or not having béen exercised therein as aforesaid or not being the widow of any such person as aforesaid shall from the Feast of Pentecost next ensuing make or cause to be made any Woollen Cloth whatsoever unless it be to the use of themselves their Children and Families but not to sell upon pain to forfeit double the value for every Piece of Cloth so made and exposed to sale one moyetie thereof to His Majesty the other moyetie to any person who shall sue for the same in any of His Majesties Courts of Record wherein no Essoin Protection or Wager of Law shall be allowed Power to appoint a Clerk Register Treasurer and other Officers And it is further Enacted by the Authority aforesaid That the said Iustices Masters Wardens and Assistants or any thirtéen of them are hereby impowred to nominate and appoint a Clerk a Register and Treasurer and such other Officer and Officers to sée the due execution of the several Powers given by this Act as they in their Discretions shall think méet and to give them an Oath or Oaths for the due execution of their several places as aforesaid And it is further Enacted by the Authority aforesaid That all Fines How the fines and forfeitures shall be levied Forfeitures and Penalties imposed or to be levied by virtue of this Act the means and recovery whereof is not otherwise herein provided for and set forth shall be levied by distress and sale of the offender or offenders Goods and Chattels by Warrant from the said Iustices Masters Wardens and Assistants or any thirtéen of them rendring the overplus to the Owner thereof upon demand And be it further Enacted by the Authority aforesaid Counterfeiting the Seal of the Corporation That if any person or persons whatsoever shall counterfeit the Seal of the said Corporation he or they so offending shall forfeit the sum of Twenty pounds of often as such person or persons shall upon due proof be found guilty of the same which said forfeiture is to be levyed by distress and sale of the Offenders Goods The Penalty rendring the overplus to the Owner thereof upon demand and for want of such distress such person and persons to be committed to the Common Goal of the County where he or they shall be found by Warrant under the Hand and Seal of any one of the Iustices of the Peace of the said County there to remain without Bail or Mainprize for the space of six moneths or until such person or persons shall have paid the Fine as aforesaid And be it Enacted That all and every Article All clauses in any other Statute contrary to this Act concerning Clothing Repealed Clause and Sentence in any Act of Parliament heretofore made touching and concerning the said abuses of Broad Woollen Clothes in this Act mentioned and being repugnant or contrary to any Article and Sentence in this Act shall as touching the said Clothes only made within the said West-Riding from and after the Feast of St. John Baptist which shall be in the year of our Lord God One thousand six hundred sixty and two be utterly void to all intents and purposes whatsoever And in all Actions and Suits that shall be brought against any person or persons for Acting in any thing according to the true intent and meaning of this Act the person or persons so sued or molested Persons sued for executing this Act may plead the generall Issue shall or may plead the general Issue of Not guilty and give the special matter in evidence and shall recover double Costs in every such case if the Verdict pass for such person or persons or that the Plaintiff or Plaintiffs be Non-suit therein Provided always That nothing
and respective Parishes shall pass to and fro through the said respective places where such Toll is to be received as aforesaid without paying any thing for their respective passing through the same Any thing in this present Act to the contrary thereof in any wise notwithstanding Provided also And be it Enacted Proviso touching money received overplus and remaining at the end of 11. years That if it shall happen that at the end and expiration of the term of the Eleven years aforesaid that the Receiver or Receivers Collector or Collectors then in being or any of them of the aforesaid Tolls or any part thereof in all and every of the said Counties made and to be made shall upon their or any of their accounts made and to be made for the several and respective Receipts of the Tolls aforesaid have any sum or sums of money in their or any of their hands more then they or any of them have expended as aforesaid That then such Receiver and Receivers Collector and Collectors and every of them shall bring in all and every sum and sums of money so remaining in their or any of their hands unto the Iustices of the Peace of the said several and respective Counties where such Receiver or Receivers Collector or Collectors shall live or have received the said several sum or sums at the next General Quarter-Sessions for the Peace which shall happen to be after their said several Accounts so to be made as aforesaid upon pain of forfeiting double the Sum which shall be in their or any of their hands upon the said Account which said Sum and Penalties shall be recovered by distresse and sale of the parties Goods so refusing to do the same by Warrant under the Hands and Seals of any two Iustices of the Peace of the said several Counties And that the said Iustices of the Peace at their said several Quarter-Sessions in their several Counties are hereby impowred and enabled to dispose of the said several sum and sums of money and all the said Penalties into the hands of such person and persons and upon such Securities as they shall approve of to and for a Stock for the repairing of the said several High-ways according to the intent and meaning of this Act and not otherwise Provided also And be it further Enacted by the Authority aforesaid Huntington That if the Iustices of the Peace for the County of Huntington or any four of them dwelling next to the said High Road Stilton shall adjudge some other place more convenient then Stilton for receiving the Toll for the said County That then it shall and may be lawful for the said Iustices of Peace as aforesaid to appoint some other place upon the High Road within their said County to receive the aforesaid Toll instead of Stilton Any thing in this Act to the contrary notwithstanding And that it shall and may be lawful for all and every Souldier and Souldiers upon their March Souldiers in Marching and Posts exempted and all persons riding Post to passe through any the places in this Act mentioned without paying any Toll Provided also That if at any time before the expiration of the Eleven years aforesaid Proviso for cealing the Toll within the 11. years the said High-ways shall be well and sufficiently amended and repaired and so adjudged by the Iustices of the Peace at the Quarter-Sessions for their several and respective Counties aforesaid That then from and after such Adjudication made and Re-payment of such moneys as shall have béen borrowed the aforesaid Toll in the said County shall cease and determine Any thing aforesaid to the contrary notwithstanding Continued 16 17 Car. 2. cap. 10. CAP. II. Unlawful Cutting or Stealing or Spoiling of Wood and Under-woods and Destroyers of young Timber-Trees punished WHereas in one Act of Parliament made in the Thrée and fortieth year of the Reign of the late Quéen Elizabeth Entituled 43 El. cap. 7. An Act to avoid and prevent divers misdemeanors in idle and lewd persons among other things it is Enacted The punishment for cutting and spoyling any Woods That all and every such lewd person and persons that shall cut or spoil any Woods or Vnder-woods Poles or Trées standing and their Procurer or Procurers Receiver or Receivers knowing the same and being thereof lawfully Convicted by his or their own confession or by the testimony of one sufficient Witness upon Oath before some one Iustice of Peace or other Head-Officer of the County or place where such offence was committed shall give the party or parties satisfaction for his or their Damages for the first fault And if such Offender or Offenders shall by such Iustice of Peace or Head-Officer be thought not able or sufficient or if such Offender or Offenders do not make such satisfaction as aforesaid That then the said Iustice of Peace or Head-Officer shall commit the said Offender or Offenders to the Constable or other inferior Officer to receive the punishment of Whipping as in the said Act more fully doth appear And whereas it is found by daily experience especially in and about London and other great Towns where a great number of such idle and lewd persons do shelter themselves that this Act hath not sufficiently prevented the said mischief of cutting and spoiling of Woods and Vnderwoods as was intended as well because the said offences are committed in such a close and clandestine manner that there is none Witnesses to them but such as are partakers to the offence as also because the said punishment is too small for so great a fault which is not only prejudicial and hurtful to the Owners of the said Woods but very mischievous and damageable to the Commonwealth Be it therefore Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same That from and after the Four and twentieth day of June next ensuing Who may apprehend Wood-stealers every Constable Headborough or any other person in every County City Town-Corporate or other place where they shall be Officers or Inhabitants shall and may by vertue of this present Act have full Power and Authority to apprehend or cause to be apprehended all and every person or persons they shall suspect having or carrying or any wayes conveying any burthen or bundles of any kind of Wood Vnder-wood Poles or young Trées or Bark or Bast of any Trées or any Gates Stiles Posts Pales Rails or Hedgewood Broom or Furze Search in Houses of suspected persons and by Warrant under the Hand and Seal of any one Iustice of the Peace directed to any Officer such Officer shall have power to enter into and search the Houses Out-houses Yards Gardens or other places belonging to the Houses of all and every person or persons they shall suspect to have any kind of Wood
time or times during the space of thrée years from the Twenty fourth day of July in the year of our Lord One thousand six hundred sixty and thrée to Summon and Continue together so many of the said Trained Forces within their respective Counties and Precincts 14 Car. 2. cap. 3. and so long as they shall judge convenient in lieu of certain days appointed for Exercise and Musters by the said Act Entituled An Act for Ordering the Forces in the several Counties of this Kingdom No Troop to be kept upon duty above 14 days Provided always And be it Enacted That any Troop Company or Souldiers may be so kept upon such Duty by vertue hereof fourtéen days and no longer in any one year Commissioned Foot-Officers discharged from finding Arms. Provided always And be it Enacted That every Commissioned Foot-Officer in the Train-Bands or Militia of this Kingdom setled according to Act of Parliament shall be and is hereby exempted and excused from finding and contributing towards the finding and contributing towards the finding any Horse Horse-man or Arms or Foot-Souldier and Arms for his whole Estate if at any time it is charged but for one Horse or a less charge or for such part of his Estate as is or shall be charged with one Horse if his whole Estate be charged with a greater charge then one Horse in the County or Lieutenancy where he so serves as a Foot-Officer in respect of the expence which the said Imployment doth necessarily engage him in Any thing in the said Acts to the contrary notwithstanding The Duty of Constables in executing Warrants of the Lieutenants or Deputies Be it also Enacted and Ordained That each Constable Tything-man or other Officer of any Parish or place under the penalty for every neglect of forfeiting Forty shillings shall and do by vertue of a Warrant directed to him from the respective Lieutenants and Deputy-Lieutenants or any thrée or more of them Levy all arrears and proportions of money unpaid that were set or charged for the Raising Training and Arraying the Trained Bands and Forces actually raised and in being before the passing of the said mentioned Act by the Distress and sale of the Goods of any person or persons refusing to pay the same rendring back the overplus if any the charge of Distress and Sale being first deducted Troopers and Souldiers shall be subject to Exercise and Duty Be it also Enacted That every Trooper or Foot-Souldier at any time raised by vertue or according to the directions of this present Act shall be subject to such Exercise and Duty as others charged or raised by the said mentioned Act shal accordingly upon like pains penalties observe and kéep all the respective Orders and Directions of the said Act and of this present Act and shall suffer the same penalties for committing any of the respective crimes and offences exprest in the said Act which said pains and penalties are in the like cases to be imposed and levied in the same manner and by the same ways and means as are set down in the said Act. And whereas the fourth part of one moneths Assessment in each County A fourth part or a moneths assesment how to be disposed after the rate of Seventy thousand pounds by the moneth is by the said Act yearly appointed for furnishing Munition and other necessaries Be it Enacted and delared by the Authority aforesaid That the said respective Lieutenants and Deputies or any thrée or more of them shall from time to time have power to dispose of so much of the said fourth part to the inferiour Officers imployed in or about the said respective Forces for their pains and encouragement as to them the said Lieutenants and Deputies or any thrée or more of them shall seem expedient Provided always and be it Enacted Persons sued for matters done by this Act may plead the general issue That it shall be lawful to every person and persons that shall have any Action or Suit brought against him or them for any thing done in execution of this or the said Act to plead the General Issue and to give the special matter in Evidence and if Iudgment shall be given for the Defendant or if the Plaintiff shall become Nonsuit or discontinue his Suit then he shall recover double Costs Provided also and be it Enacted Double costs to the Defendant That no Action or Suit shall be brought against any person for any thing done in execution or by pretence of the execution of this or the said Act unless the said Action or Suit be laid in the proper County and commenced within six moneths next after such cause of Action Provided and be it further Enacted by the Authority aforesaid That one Clause contained in a certain Act Entituled An Act declaring the sole right of the Militia to be in the King 13 Car. 2. c. 6 and for the present Ordering and disposing of the same and made for the Indempnifying of all persons acting in the Militia from the four and twentieth of June One thousand six hundred and sixty to the twentieth of July One thousand six hundred sixty and one as touching the Assaulting Detaining or Imprisoning any person suspected to be a Fanatick Sectary or Disturber of the Peace Fanatick Sectaries or seizing of Arms or searching of houses for Arms or for suspected persons shall be construed to Commence and take effect and shall be good and effectual in Law for the Indempnifying of all persons whatsoever acting in the Militia of this Kingdom for any the matters aforesaid betwixt the second day of February One thousand six hundred fifty nine and the four and twentieth of June One thousand six hundred and sixty inclusive by vertue or colour of any Authority or Command whatsoever any thing in the said Act or in any other Act to the contrary thereof in any wise notwithstanding And be it further Enacted by the Authority aforesaid That the several forfeitures How the forfeitures and penalties upon this Act may be levyed Penalties and payments by this present Act Imposed Set or Directed not otherwise by this present Act provided to be Levied Sued for or Recovered shall or may in case of default be Levied or Recovered by Warrant under the hands and Seals of the respective Lieutenants and Deputy-Lieutenants or any thrée or more of them upon the Goods and Chattels of the Offender and by Sale of the same rendring the party the overplus if any be And if sufficient of the Goods and Chattels of such Offender cannot be found or had whereof to levy such forfeiture payment or penalty then the said respective Lieutenants and Deputy-Lieutenants or any thrée or more of them shall have power and are hereby authorized by like Warrant under their hands and seals to commit such Offender to Prison untill he shall make satisfaction according to the said forfeiture payment or penalty And it is further Declared and
as aforesaid shall not procéed to Election within one moneth after such vacancy then it shall be lawful to and for the respective Archbishop Bishop or Ordinary of the Diocess under his hand and Seal to Elect and nominate a discréet person of the respective Parish in such vacant room which person so to be elected and nominated after his making and subscription in manner and time aforesaid shall be and shall to all intents and purposes be reputed déemed and taken to be a Vestry-man or member of such Vestry in like manner as if he had béen chosen by the respective Electors Any Law Custom or Vsage to the contrary notwithstanding And be it Enacted by the Authority aforesaid That the respective Arch-bishop Bishop or Ordinary Vicar-General or Chancellor of the Diocess shall upon request to him made by any Vestry-man so making and subscribing the said Declaration and Acknowledgment aforesaid deliver a Certificate of his so doing for which no Fée shall be paid Provided always That nothing in this Act shall be construed to give any new power to any Select Vestry-man or to confirm any usurped power heretofore exercised by any Select Vestry-man which before the making of this Act is not Warranted by the Law of the Land Provided also The continuance of this Act. That this Act shall continue in force to the end of the first Session of the next Parliament and no longer CAP. VI. An Act for Relief of such Persons as by Sickness or other Impediment were disabled from Subscribing the Declaration in the Act of Uniformity and Explanation of part of the said Act. VVHereas by an Act of this present Parliament Entituled An Act for Uniformity of Publick Prayer and Administration of the Sacraments and other Rites and Ceremonies 14 Car. 2. c. 4. and for establishing the Form of Making Ordaining and consecrating Bishops Priests and Deacons in the Church of England It was Enacted That every Dean Canon and Prebendary of every Cathedral or Collegiate Church and all Masters and Fellows of any Colledg Hall House of Learning or Hospital and every Parson Vicar Curate and every other person in Holy Orders who upon the first day of May which should be in the year of our Lord God One thousand six hundred sixty and two or at any time thereafter should be Incumbent or have possession of any Deanry Canonry Prebendry Mastership Fellowship Parsonage Vicarage or any other Ecclesiastical Dignity or Promotion should before the Feast day of Saint Bartholomew which should be in the year of our Lord One thousand six hundred sixty and two subscribe the Declaration or acknowledgment in the said Act mentioned and expressed before their respective Archbishops Bishops Ordinaries or Vice-Chancellors of the respective Vniversities upon pain that all and every of the persons aforesaid failing in such subscription should lose and forfeit such respective Deanry Canonry Prebendry Mastership Fellowship Parsonage Vicarage Ecclesiastical Dignity or Promotion and should be utterly disabled and ipso facto deprived of the same And that every such respective Deanry Canonry Prebendry Mastership Fellowship Parsonage Vicarage Ecclesiastical Dignity or Promotion should be void as if such person so failing were naturally dead And that after such subscription made every such Parson Vicar Curate and Lecturer should procure a Certificate under the hand and Seal of the respective Archbishop Bishop or Ordinary of the Diocess and should publickly and openly read the same together with the Declaration or acknowledgment aforesaid upon some Lords-Day within thrée moneths then next following in his Parish Church where he was to officiate in the presence of the Congregation there assembled in the time of Divine-Service upon pain that every person failing therein should lose such Parsonage Vicarage or Benefice respectively and should be utterly disabled and ipso facto deprived of the same And that the said Parsonage Vicarage or Benefice should be void as if he were naturally dead And whereas divers persons of eminent Loyalty to his Majesty and of known affection to the Liturgy of the Church of England who by the said Act were required to subscribe the said Declaration or Acknowledgment at the time of the passing of the said Act were out of this Realm in Ireland or other parts beyond the Seas upon lawful and justifiable occasions and had no knowledg or notice thereof until their return into England being after the said Feast of St. Bartholomew And divers other of the said Loyal and wel-affected persons by reason of sickness imprisonment disability of body or otherwise could not or did not resort unto their respective Archbishops Bishops or Ordinaries or Vice-Chancellors of the respective Vniversities before whom such subscription was appointed by the said Act to be made All which said persons are by force of the said Act utterly disabled and ipso facto deprived of their respective Deanries Canonries Prebendries Masterships Fellowships Parsonages Vicarages or other Ecclesiastical Benefices or Promotions by reason of such their omission For remedy whereof and for the relief of such persons Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by Authority of the same That all Deans Canons Prebendaries Masters and Fellows of any Colledges Halls or other Houses of Learning and all Parsons Vicars and other Ecclesiastical persons aforesaid who at the time of the passing of the said Act being in Ireland or any the parts beyond the Seas did not return into this Kingdom before the said Feast of Saint Bartholomew One thousand six hundred sixty and two or who being in England by Imprisonment Sickness Disability of Body or otherwise did not resort unto their respective Archbishop Bishop Ordinary or Vice-Chancellor of the said respective Vniversities to subscribe the said Declaration and Acknowledgment before the said Feast in the year of our Lord aforesaid shall be and are hereby declared to be restored unto and preserved in their respective Deanries Canonries Prebendries Masterships Fellowships Parsonages Vicarages and other Ecclesiastical Benefices and Promotions whereunto no other person or persons before the first day of August in the year of our Lord One thousand six hundred sixty and thrée were or shall be lawfully Instituted Inducted Collated or placed And shall and may hold and enjoy the same according to his and their former right The aforesaid Act or any thing therein contained to the contrary notwithstanding Provided That every such Dean Canon Prebendary Master and Fellow of any Colledg Hall or House of Learning and all Parsons Vicars and Curates and other Ecclesiastical persons who are or shall by vertue of this Act be restored to or preserved in their said several and respective Promotions shall before the Feast of the Nativity of our Lord next ensuing if he be in England or if beyond the Seas within forty dayes after his return into England subscribe the said Declaration or
Acknowledgment before the respective Archbishop Bishop or Ordinary of the Diocess or Vice-Chancellor aforesaid respectively And that every such Parson Vicar Curate or Lecturer shall procure a Certificate under the Hand and Seal of the respective Archbishop Bishop or Ordinary of the Diocess who are hereby required and enjoyned upon demand to make and deliver such Certificate And shall publickly and openly read the same together with the Declaration or acknowledgment aforesaid upon some Lords day within thrée moneths then next following such subscription in his Parish Church where he is to officiate in the presence of the Congregation then assembled in the time of Divine Service And be it further Enacted and Declared by the Authority aforesaid That every subscription already made or hereafter to be made before any Vicar-General or Chancellor to any Archbishop or Bishop or Commissary to the Archbishop of Canterbury or any other Bishop is and shall be as effectual and beneficial in Law to all intents and purposes to every person and persons which have or shall make such subscription as aforesaid as if the same had béen made before the Archbishop or Bishop of the Province or Diocess respectively Any thing in the aforesaid Act to the contrary notwithstanding Provided also That every person who shall have benefit by this Act shall make such allowance for serving the Cure since the 24th of August 1662. as shall be judged fit by the Ordinary of the place and shall pay and discharge all Tenths Pensions and other Charges wherewith the Benefice to which he is by this Act restored hath béen or might be legally charged since the day aforesaid Persons prohibited to Preach 14 Car. 2. c. 4. And whereas some doubt hath arisen whether persons prohibited to preach by the said Act are in the same plight as to punishment with persons disabled by the said Act to preach Be it Declared and Enacted by the Authority aforesaid That the penalties by the said Act to be inflicted upon any person disabled by the said Act to preach for any offence against the said Act shall in like manner be inflicted upon every person so offending that is prohibited by the said Act to preach Any thing doubt or ambiguity in the said Act to the contrary notwithstanding CAP. VII Trade Encouraged Tillage FOrasmuch as the encouraging of Tillage ought to be in an especial manner regarded and endeavoured and the surest and effectuallest means of promoting and advancing any Trade Occupation or Mystery being by rendring it profitable to the Vsers thereof And great quantities of Land within this Kingdom for the present lying in a manner waste and yielding little which might thereby be improved to considerable profit and advantage if sufficient Encouragement were given for the laying out of Cost and labour on the same and thereby much more Corn produced greater numbers of people horses and cattel imployed and other Land also rendred more Valuable Be it Enacted by the Kings most Excellent Majesty with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by the Authority thereof And it is hereby Enacted That from and after the first day of September in the year of our Lord 1663. and from thence forward when the prizes of Corn and Grain Winchester measure Corn not exceeding certain rates may be transported do not excéed the rates hereafter following at the Havens or places where the same shall be shipped or loaden viz The Quarter of Wheat Eight and forty shillings The Quarter of Barley or Malt Eight and twenty shillings The Quarter of Buck-wheat Eight and twenty shillings The Quarter of Oats Thirtéen shillings and four pence The Quarter of Rye Two and thirty shillings The Quarter of Pease or Beans Two and thirty shillings currant English money That then it shall be lawful for all and every person and persons to ship load carry and transport any of the said Corns or Grains from the Havens or places where they shall be of such prizes unto any parts beyond the Seas as Merchandise Any Law Statute or Vsage to the contrary notwithstanding paying such Rates for the same and none other as are to be paid when the same might have béen Transported by one Act passed this present Parliament Entituled 12 Car. 2. c 4. A Subsidy granted to the King of Tunnage and Poundage When corn may be imported and what custom to be paid And it is hereby further Enacted by the Authority aforesaid That when the prizes of the aforesaid Corns and Grains do not excéed the Rates above mentioned respectively Winchester-measure at the Haven or place into which any of them shall be imported from any part beyond the Seas there shall be paid for the Custom and Poundage of every Quarter of Wheat five shillings and four pence and for every Quarter of Rye four shillings and for every Quarter of Barley or Malt two shillings and eight pence and for every Quarter of Buck-wheat two shillings and for every Quarter of Oats one shilling four pence and for every Quarter of Pease or Beans four shillings And it is hereby further Enacted by the Authority aforesaid That when the prizes of Corn or Grain Winchester-measure do not excéed the rates following at the Markets Havens or Places where the same shall be bought viz. The Quarter of Wheat Eight and forty shillings the Quarter of Rye two and thirty shillings the Quarter of Barley or Mault eight and twenty shillings the Quarter of Buck-wheat eight and twenty shillings the Quarter of Oats thirtéen shillings and four pence the Quarter of Pease or Beans two and thirty shillings That then it shall be lawful for all and every person and persons not Forestalling nor Selling the same in the same Market within thrée moneths after the buying thereof to buy in open Market and to lay up and kéep in his or their Granaries or Houses and to sell again such Corn or Grain of the kinds aforesaid as without fraud or coven shall have béen bought at or under the prïces before expressed without incurring any penalty Any Law Statute or Vsage to the contrary notwithstanding And in regard his Majesties Plantations beyond the Seas are inhabited and peopled by his Subjects of this his Kingdom of England Plantations beyond the Sea For the maintaining a greater correspondence and kindness betwéen them and kéeping them in a firmer dependance upon it and rendring them yet more beneficial and advantagious unto it in the further employment and encrease of English Shipping and Sea-men Vent of English Woollen and other Manufactures and Commodities rendring the Navigation to and from the same more safe and cheap and making this Kingdom a Staple not only of the Commodities of those Plantations but also of the Commodities of other Countries and Places for the supplying of them and it being the usage of other Nations to kéep their Plantations Trade to themselves Be it Enacted and it is
hereby Enacted Comodities of the growth and manufacture of Europe how to be imported in English built shipping That from and after the five and twentieth day of March One thousand six hundred sixty four no Commodity of the Growth Production or Manufacture of Europe shall be Imported into any Land Island Plantation Colony Territory or Place to his Majesty belonging or which shall belong hereafter unto or be in the Possession of his Majesty his Heirs and Successors in Asia Africa or America Tangier only excepted but what shall be bona fide and without fraud Laden and Shipped in England Wales or the Town of Berwick upon Tweed and in English built Shipping or which were bona fide bought before the first day of October One thousand six hundred sixty and two and had such Certificate thereof as is directed in one Act passed the last Sessions of this present Parliament Entituled 14 Car. 2. c. 11 An Act for preventing Frauds and regulating Abuses in His Majesties Customs and whereof the Master and thrée Fourths of the Mariners at least are English and which shall be carried directly thence to the said Lands Islands Plantations Colonies Territories or Places and from no other place or places whatsoever Any Law Statute or Vsage to the contrary notwithstanding The penalty under the Penalty of the loss of all such Commodities of the Growth Production or Manufacture of Europe as shall be imported into any of them from any other place whatsoever by Land or Water And if by water of the ship or vessel also in which they were Imported with all her Guns Tackle Furniture Ammunition and Apparel one third part to his Majesty his Heirs and Successors one third part to the Governor of such Land Island Plantation Colony Territory or place into which such Goods were Imported if the said ship vessel or goods be there seised or informed against and sued for Or otherwise That third part also to his Majesty his Heirs and Successors and the other third part to him or them who shall seise inform or sue for the same in any of his Majesties Courts in such of the said Lands Islands Colonies Plantations Territories or Places where the Offence was committed or in any Court of Record in England by Bill Information Plaint or other Action wherein no Essoign Protection or Wager in Law shall be allowed Provided always and be it hereby Enacted by the Authority aforesaid That it shall and may be lawful to ship and lade in such ships and so navigated as in the foregoing Clause is set down and expressed in any part of Europe Salt for the Fisheries of New-England and New-found-land Salt for Fisheries and to ship and lade in the Madera's Wines of the growth thereof and to ship and lade in the Western Islands or Azores Wines of the growth of the said Islands and to ship and take in Servants or Horses in Scotland or Ireland and to ship or lade in Scotland all sorts of Victual of the Growth or Production of Scotland and to ship or lade in Ireland all sorts of Victual of the Growth or Production of Ireland and the same to Transport into any of the said Lands Islands Plantations Colonies Territories or places Any thing in the foregoing Clause to the contrary in any wise notwithstanding And for the better prevention of Frauds Be it Enacted and it is hereby Enacted Prevention of frauds That from and after the five and twentieth day of March One thousand six hundred sixty and four every person or persons importing by Land any Goods or Commodities whatsoever into any the said Lands Islands Plantations Colonies Territories or Places shall deliver to the Governour of such Land Island Plantation Colony Territory or Place or to such person or Officer as shall be by him thereunto authorized and appointed within four and twenty hours after such Importation his and their Names and Sirnames and a true Inventory and particular of all such Goods or Commodities And no Ship or Vessel coming to any such Land Island Plantation Colony Territory or Place shall lade or unlade any Goods or Commodities whatsoever until the Master or Commander of such Ship or Vessel shall first have made known to the Governour of such Land Island Plantation Colony Territory or Place or such other person or Officer as shall be by him thereunto authorized and appointed the arrival of the said Ship or Vessel with her Name and the Name and Sirname of her Master or Commander and have shewen to him that she is an English-built Ship or made good by producing such Certificate as abovesaid that she is a Ship or Vessel bona fide belonging to England Wales or the Town of Berwick and navigated with an English Master and thrée fourth parts of the Mariners at least English-men and have delivered to such Governour or other person or Officer a true and perfect Inventory or Invoyce of her Lading together with the place or places in which the said Goods were laden or taken into the said Ship or Vessel under the pain of the loss of the Ship or Vessel with all her Guns Ammunition Tackle Furniture and Apparel and of all such Goods of the growth Production or Manufacture of Europe as were not bona fide laden and taken in in England Wales or the Town of Berwick to be recovered and divided in manner aforesaid And all such as are Governours or Commanders of any the said Lands Islands Plantations Colonies Territories or Places Tangier only excepted shall before the Five and twentieth day of March One thousand six hundred sixty and four and all such as shall hereafter be made Governours or Commanders of any of them shall before their entrance upon the Execution of such trust or charge take a solemn Oath before such person or persons as shall be authorized by his Majesty his Heirs and Successors to administer the same to do their utmost within their respective Governments or Commands to cause to be well and truly observed what is in this Act Enacted in relation to the Trade of such Lands Islands Plantations Colonies Territories and Places under the penalty of being removed out of their respective Governments and Commands And if any of them shall be found after the taking of such Oath to have wittingly and willingly offended contrary to what is by this Act required of them That they shall for such offence be turned out of their Governments and be incapable of the Government of any other Land Island Plantation or Colony and moreover forfeit the sum of one thousand pounds of lawful money of England the one moyety to his Majesty his Heirs and Successors and the other moyety to him or them that shall inform or sue for the same in any of his Majesties Courts in any of the said Plantations or in any Court of Record in England wherein no Essoign Protection or Wager in Law shall be allowed Penalty upon Officers of the Customs And it is
hereby further Enacted That if any Officer of the Customs in England Wales or Town of Berwick upon Tweed shall give any Warrant for or suffer any Sugar Tobacco Ginger Cotton-wool Indico Speckle-wood or Jamaica Wood Fustick or other Dying Wood of the growth of any of the said Lands Islands Colonies Plantations Territories or Places to be carryed into any other Countrey or place whatsoever until they have béen first unladen bona fide and put on shore in some Port or Haven in England or Wales or in the Town of Berwick That every such Officer for such offence shall forfeit his place and the value of such of the said goods as he shall give Warrant for or suffer to pass into any other Countrey or place the one moyety to his Majesty his Heirs and Successors and the other moyety to him or them that shall inform or sue for the same in any Court of Record in England or Wales wherein no Essoign Protection or Wager in Law shall be allowed Encouragement of Plantations and encrease of Shipping And for the better encouragement of the said Plantations and the increase of the Shipping and Navigation of this Kingdom Be it Enacted and it is hereby Enacted by the Authority aforesaid That from and after the five and twentieth day of March one thousand six hundred sixty and four it shall and may be lawful out of any Port of England or Wales or out of the Town of Berwick Sea-coals to ship and lade Sea-coals for any part of them paying for the Chalder Newcastle measure one shilling eight pence and for the Chalder London-measure one shilling and no more in full of all Custom and Poundage for the same Any Law Statute or Prohibition to the contrary in any wise notwithstanding Provided That such Sea-coals be shipped in such shipping and so Navigated as abovesaid And that good security be given to the Officers of the Customs in such Port in which they are shipped for the landing them in the said Plantations and not elswhere And forasmuch as several considerable and advantagious Trades cannot be conveniently driven and carried on without the Species of Money or Bullion and that it is found by experience that they are carried in greatest abundance as to a common Market to such places as give frée liberty for exporting the same and the better to kéep in and increase the current Coins of this Kingdom Be it Enacted and it is hereby Enacted That from and after the first day of August one thousand six hundred sixty and thrée it shall and may be lawful to and for any person or persons whatsoever to Export out of any Port of England or Wales in which there is a Customer or Collector or out of the Town of Berwick all sorts of Foreign Coyn or Bullion of Gold or Silver Foreign coin or bullion may be exported first making entry thereof in such Custom-house respectively without paying any Duty Custom Poundage or Fée for the same Any Law Statute or Vsage to the contrary notwithstanding And lastly Whereas a very great part of the richest and best Land of this Kingdom is and cannot so well be otherwise imployed and made use of as in the Féeding and Fattening of Cattel And that by the coming in of late of vast numbers of Cattel already fatted such Lands are in many places much fallen and like daily to fall more in their Rents and Values and in consequence other Lands also to the great prejudice detriment and impoverishment of this Kingdom Be it further Enacted by the Authority aforesaid and it is hereby Enacted That for every head of great Cattel except such as are of the bréed of Scotland that shall be imported or brought into England Penalties upon importation of Foreign cattel at certain times Wales or the Town of Berwick upon Tweed after the first day of July and before the twentieth day of December in any year And for every head of great Cattel of the bréed of Scotland that shall be imported or brought into England Wales or the Town of Berwick after the four and twentieth day of August and before the twentieth day of December in any year there shall be paid to his Majesty his Heirs and Successors the sum of twenty shillings And the sum of ten shillings to him or them that shall inform or seise the same And the sum of ten shillings to the Poor of the Parish where such Seisure or Information shall be made to be recovered and levied by Bill Plaint or other Action wherein no Essoign Protection or Wager in Law shall be allowed And moreover That there shall be paid to his Majesty his Heirs and Successors for every Shéep which shall be Imported into England Wales or the Town of Berwick aforesaid after the First day of August and before the Twentieth day of December in any year the sum of Ten shillings of lawful money of England to be recovered and levied in manner aforesaid Provided always That this Act in so far as it relates to great Cattel or Shéep The continuance of this Act as to importation of cattel Encouragement of Herring Fisheries shall not take place till the First day of July One thousand six hundred sixty and four nor continue longer then the end of the First Session of the next Parliament And for the encouragement of the Herring and North-Sea Island and Westmony Fisheries Be it Enacted and it is hereby Enacted by the authority aforesaid That from and after the First day of August which shall be in the year of our Lord One thousand six hundred sixty and four no Fresh Herring Fresh Cood or Haddock Coal-fish or Gull-fish shall be Imported into England Wales or the Town of Berwick but in English-built Ships or Vessels or in Ships or Vessels bona fide belonging to England Wales or the Town of Berwick and having such Certificate thereof as is abovesaid and whereof the Master and thrée Fourths at the least of the Mariners are English and which hath béen fished caught and taken in such Ships or Vessels and so navigated and not being â—ought or had of any strangers born or out of any strangers Bottoms under the pain of the forfeiture of all such Herring Codd Haddock Coal-fish or Gull-fish impâ—â—ted contrary to the true intent and meaning hereof and of the Ship or Vessel in which it was Imported One moyety of which forfeitures shall be to his Majesty his Heirs and Successors and the other moyety to him or them that shall inform seise or sue for the same to be recovered by Bill Plaint or other Action wherein no Essoign Protection or Wager in Law shall be allowed And be it further Enacted and it is hereby Enacted by the Authority aforesaid Duties to be paid upon importation of salted or dried Fish That for the following sorts or kinds of salted or dried Fish which from and after the said First day of August shall be imported into England Wales or
the Town of Berwick in any other Ship or Vessel then what is English-built or belonging to England Wales or Town of Berwick and having such Certificate thereof as abovesaid and whereof the Master and thrée fourths of the Mariners at least are English and not having béen fished and caught in such Ships or Vessels and so navigated there shall be paid by way of Custom and Impost the several sums of money herein after particularly mentioned that is to say for Cod-fish the Barrel Five shillings for Cod-fish the last containing twelve Barrels Thrée pounds for Cod-fish the hundred containing sixscore Ten shillings for Coal-fish the hundred containing sixscore Five shillings for Lings the hundred containing sixscore One pound for White Herrings the Last containing twelve Barrels One pound sixtéen shillings for Haddocks the Barrel Two shillings for Gull-fish the Barrel Two shillings And forasmuch as planting and making Tobacco within this Kingdom of England doth continue and increase to the apparent loss of his said Majesty in his Customs the discouragement of the English Plantations in the parts beyond the Seas and prejudice of this Kingdom in general notwithstanding an Act of Parliament made in the Twelfth year of his said Majesties Reign for prevention thereof Entituled An Act for prohibiting the Planting Setting 12 Car. 2. cap. 34. The further penalty for planting Tobacco in England or Sowing of Tobacco in England and Ireland And forasmuch as it is found by experience that the reason why the said planting and making of Tobacco doth continue is That the penalties prescribed and appointed by that Law are so little as have neither power or effect over the transgressors thereof For remedy therefore of so great an evil Be it Enacted by the Authority aforesaid That all and every the person or persons whatsoever that do or shall at any time hereafter Set Plant or Sow any Tobacco in Séed Plant or otherwise in or upon any ground field earth or place within the Kindom of England Dominion of Wales Islands of Guernsey and Jersey or Town of Berwick upon Tweed or Kingdom of Ireland shall over and above the penalty of the said Act for that purpose ordained for every such offence forfeit and pay the sum of Ten pounds for every Rod or Pole of ground that he or they shall so Plant Set or Sow with Tobacco and so proportionably for a greater or lesser quantity of ground one third part thereof to the Kings Majesty one other third part thereof to the use of the poor of such respective Parish or Parishes wherein such Tobacco shall be so Planted Set or Sowed and the other third part thereof to him or them that shall sue for the same to be recovered by Action of Debt Bill Plaint or Information in any of his said Majesties Courts of Record at Westminster wherein no Essoign Protection or Wager of Law shall be allowed And it is hereby further Enacted That in case any person or persons shall resist or make forceable opposition against any person or persons in the due and through Execution of the said Act of the Twelfth of his said Majesties Reign that he she or they so resisting and making forceable opposition shall over and above the penalties therein mentioned for such Offences be committed to the Common Gaol of the County where such offence shall be committed there to remain without Bail or Mainprise untill he she or they have entred into a Recognizance to his Majesty his Heirs and Successors with two sufficient Sureties of Ten pounds penalty not to do or commit the like offence again Proviso for Tobacco planted in Physick Gardens Provided alwayes That this Act nor any thing therein contained shall not extend to the hindrance or prejudice of Planting Tobacco in any Physick-Garden of either of the Vniversities or any other private Garden for Chirurgery so as the quantity so planted excéed not the half of one Pole in any one place or Garden Cattel imported from the Isle of Man Provided also and be it Enacted That it shall and may be lawful to import Cattel of the bréed of the Isle of Man not excéeding six hundred in any one year And Corn of the growth of that Island out of that Island into England so as the said Cattel be landed at Chester Liverpool or Wirewater Any thing in this Act to the contrary thereof in any wise notwithstanding CAP. VIII Butchers may not sell live fat Cattel 3 4 E. 6. cap. 19. VVHereas by an Act made in the Third and Fourth years of the Reign of King Edward the Sixth It is Enacted That no Person using the Craft or Mystery of a Butcher should buy any fat Oxen Stéers Runts Kine Heisers Calves or Shéep and sell the same again alive upon pain of forfeiture of the Cattel so sold which Law hath not wrought such effectual Reformation as was intended by reason of the difficulty in the proof of such Buying and Selling being for the most part at places far distant if not in several Counties by means whereof the Parties so offending have escaped unpunished Be it therefore Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assemâ—led and by Authority of the same That no Person using the Trade of a Butcher shall at any time from and after the Feast of Saint Michael the Arch-Angel next ensuing Sell Offer or Expose to sale in any Market or elsewhere either by himself or any Servant or Agent whatsoever any fat Oxen Stéers Runts Kine Heifers Calves Shéep or Lambs alive upon pain to forfeit the double Value of the Cattel so Sold or Offered Penalty upon Butchers for selling live fat cattel or Exposed to Sale as aforesaid The one moyety of which forfeiture shall be to the Kings Majesty his Heirs and Successors and the other moyety to him or them that will sue for the same in any of his Majesties Courts of Record by Bill Plaint Action of Debt or Information wherein no Essoign Protection or Wager of Law shall be allowed CAP. IX Four intire Subsidies granted to His Majesty by the Temporalty EXP. CAP. X. An Act for Confirming of Four Subsidies Granted by the Clergy EXP. CAP. XI An Additional Act for the better Ordering and Collecting the Duty of Excise and preventing the Abuses therein 12 Car. 2. cap. 24. FOr the preventing of the Frauds and Deceits of Brewers and other persons who make Béer and Ale and other Exciseable Liquors to sell and of the abuses committed by the Officers Collectors and Managers of the Excise to the great decay of his Majesties Revenue of Excise and obstruction of the due and orderly Collecting of the same and for supply and amendment of certain defects in the Laws and Statutes relating to the Duty of Excise as well for the support and advance of the said Revenue as for the ease of the People Be it Enacted
the said Burrough and Liberties shall deliver unto the said Bailiff Duplicates of all Accompts of Hearths and Stoves and do all other things in such manner as by the said Acts they ought to have done unto the said Sheriffs Any thing in the said former or this Act to the contrary notwithstanding Provided always and be it Enacted by the Authority aforesaid That it shall and may be lawful to and for the Lord High Treasurer of England Allowance to Clerks of the the Peace of the several Counties and the Chancellor of His Majesties Court of Exchequer or either of them to give and make such further allowance unto the Clerks of the Peace of the respective Counties of this Kingdom for their labour and pains in and about the Writing Engrossing and Returning into His Majesties Court of Exchequer the Duplicates and Returns of the several Constables in Parchment over and besides what is allowed by the said first recited Act as the said Lord High Treasurer and Chancellor or either of them shall think méet and convenient the same allowance not excéeding One penny in the pound by the year Any thing in the said former or in this Act to the contrary notwithstanding CAP. XIV The Profits of the Post-Office and Power of Granting Wine-Licenses setled on His Royall Highnesse the Duke of York and the Heirs Males of his Body WHereas the Lords and Commons being assembled at Westminster the Five and twentieth day of April Anno Domini One thousand six hundred and sixty in the Twelfth Year of the Reign of our most Gracious Sovereign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. were there continued untill the Nine and twentieth day of December next following and then Dissolved In which time a certain Act was made Entituled 12 Car. 2. cap. 25. An Act for the better Ordering the selling of Wines by Retail and for preventing Abuses in the mingling corrupting and vitiating of Wines and for setling and limiting the prices of the same Whereby it was Enacted That no person or persons whatsoever from and after the Five and twentieth day of March in the year of our Lord One thousand six hundred sixty and one unless he or they should be authorized and enabled in manner and form as by the said Act is appointed shall sell or utter by Retail any kind of Wine or Wines to be spent in his or their Mansion-house or Houses or other place by any means whatsoever upon pain of forfeiting for every such offence the Sum of Five pounds the one moyety thereof to the King and the other moyety to him or them that will sue for the same And it was further thereby Enacted That it should be lawful for His Majesty his Heirs and Successors from time to time to issue out under his or their Great Seal of England One or more Commission or Commissions directed to two or more persons thereby authorizing them to license and give authority to such person or persons as they should think fit to sell and utter by Retail all and every or any kind of Wine or Wines to be drunk and spent as well within the house or houses or other place in the Tenure or Occupation of the party so Licensed as without in any City Town or other place within the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed and such Commissioners are to Contract for selling and uttering of Wines by Retail in any City or other place as aforesaid in such manner and form and under such Provisoes as in the said Act is mentioned And it is further provided by the said Act That the Rents Revenues and Sums of money arising by the said Act should be duly and constantly paid and answered into His Majesties Receipt of Exchequer and not be charged or chargeable either before it be paid into the Exchequer or after with any Gift or Pension as by the said Act amongst divers other Provisoes and Clauses may more at large appear And also one other Act was at the same time made Entituled An Act for Erecting and Establishing a Post-Office 12 Car. 2. cap. 34. Whereby it is Enacted That from thenceforth there should be one general Letter-Office erected and established in some convenient place within the City of London from whence all Letters and Pacquets may be sent into any part of the Kingdom of England Scotland and Ireland or other of His Majesties Dominions or unto any Kingdom or Country beyond the Seas And that one Master of the said General Letter-Office shall be from time to time appointed by the Kings Majesty His Heirs and Successors by His or their Letters Patents under the Great Seal of England The Office of Post-Master General by the name and stile of His Majesties Post-Master-General which said Post-Master and his Deputy and Deputies by him thereunto sufficiently authorized and his and their Servants and Agents and no other person shall have the receiving ordering or sending Post of all Letters and Pacquets whatsoever to be sent to and from the places aforesaid except as therein and thereby is excepted And it was thereby provided That such Post-Master-General and his Deputy and Deputies may demand have receive and take for the Portage of all such Letters which he shall convey as aforesaid and for the providing and furnishing horses for thorough-Posts according to the Rates therein mentioned And that His Majesty His Heirs and Successors may Grant the said Office of Post-Master-General with the Powers and Authorities thereunto belonging and the several Rates of Portage therein mentioned and all Profits Priviledges Fées Perquisits and Emoluments thereunto belonging either for life or term of years not excéeding One and twenty years to such person and persons and under such Covenants Conditions and yearly Rents to His said Majesty His Heirs and Successors reserved as he or they shall from time to time think fit As by the said Act amongst divers other Clauses and Provisoes therein contained may more at large appear Both which Acts have béen confirmed by this present Parliament Now forasmuch as the Kings most Excellent Majesty is graciously pleased out of His Princely care and great love and affection to His most entirely beloved Brother James Duke of York for and towards the Maintenance and Support of the said Duke his State and Dignity to Grant and Assign all and every the Power and Powers Authority and Authorities of giving License to any person or persons to Sell or Vtter by Retail all and every or any kind of Wine or Wines whatsoever with all Rents Sum or Sums of Money Revenues Profits and Emoluments whatsoever that shall or may arise from or out or by reason of such power of Licensing the Retailing of Wines or Forfeitures for Retailing of Wines without such Licenses unto the said James Duke of York and to the Heirs males of his Body begotten or to be
for fishing in New-found-land The penalty shall burn destroy or steal any Boat Cask Salt Nets or other Vtensils for Fishing or making of Oyl or other goods or Merchandize left in any Harbour in New-found-land or Greenland by English or burn pull down or destroy any house built by English in New-found-land or Greenland to live in during the Fishing season or Stage built by them in either of the said places for the saving or ordering of Fish or making of Oyl upon pain of the loss of double the value of what shall be by them stoln burnt or destroyed to be recovered in any of his Majesties Courts in New-found-land or Greenland respectively or in any Court of Record in England by Bill Plaint or other Action wherein no Essoign Protection or Wager in Law shall be allowed A repeal of the Statute concerning Madder 14 Car. 2. c. 30 And whereas upon the humble Petition and complaint of the Merchants and Salters of the City of London it doth appear That some sorts of Madder very useful for Dying cannot be Imported so pure and clean as by one Act passed the last Session of this present Parliament Intituled An Act for the Importation of Madder pure and unmixed is directed and appointed Be it Enacted and it is hereby Enacted by the Authority aforesaid That the said Act and every Clause and Thing therein contained be from henceforth utterly void and repealed to all intents purposes and Constructions whatsoever CAP. XVII An Act for setling the Dreining of the Great Level of the Fenns called Bedford Level VVHereas certain Moors Marshes Fenny and Low surrounded Grounds within the Counties of Northampton Norfolk Suffolk Lincoln Cambridg and Huntington and the Isle of Ely were called the Great Level of the Fenns And after several fruitless undertakings for Dreining the same were upon the Desires of many persons of Worth and Interessed in the same declared to be a Great and Noble Work and of much Concernment to the whole Countrey and at their earnest desire undertaken to be Dreined by Francis late Earl of Bedford according to a Law of Sewers made at Kings Lynne in the sixth year of the Reign of the late King Charles of glorious memory which said Level is bounded as followeth viz. Eastward from the Bridg and Cawsey of Stoake unto Brandon-Bridg upon the Vplands of Northold Methold Feltwell Hockwold and Wilton in the County of Norfolk and from Brandon-Bridg unto the end of Worlington-Load upon Mildenhall River The great level of the fens how bounded upon the Vplands of Brandon the Low grounds of Wainsford excluding the same the Vplands of Sakingheath the Low grounds of Earsewell excluding the same And the Vplands of Mildenhall in the County of Suffolk Southward from Worlington-Load unto Burwell Block upon the Vplands of Freckingham Istham Fordham Soham and Wickin in the County of Cambridg and excluding the Low grounds of Burwell Landward and other places lying Eastward from Burwell Block aforesaid and from thence unto the Mill near Anglisey Abby upon the Vplands of Burwell Reach Swaffham Pryor Swaffham Bulbeck and Botsham in the County of Cambridg and from thence unto the Ferry-place at Clayhith upon the Vplands called Quyhall the Low Ground called Low-Fenne and the Vplands of Hormingsey and Clayhith in the said County excluding the Low grounds called Low Fenne and Offenne and from the said Ferry-place unto Over-Load upon the Vplands of Water-Beach Cottenham Rampton Winelingham and Over in the said County of Cambridg and upon the Low grounds of Swacy in the said County excluding the same Westward from Erith unto the Dam lately made upon the River Neane near Standground upon the Vplands of Somersham and the Soake thereof Warbois Wistow Berry Ramsey Upwood Raveley Wood-walton Sawtrey Connington Glatton and Holme Caldecott Denton Stilton Yaxley Fasset and Standground in the County of Huntington excluding the Low grounds lying on the North side of the River of Owse above Erith and from the said Dam unto Peterborough Bridg upon the said River of Neane and from thence unto the Ferry-place near Waldron Hall upon the Vplands of Peterborough and the Soake thereof in the County of Northampton and Northward from the said Ferry-place near Waldron Hall unto Crowland Bridg upon the River of Welland and from thence to Dowsedale upon the Bank of Great Porland and from thence unto Guyhurne upon the Southea Bank and from thence unto Tilnehurne upon the Bank of the Fenne Ground called Waldersea and from thence unto Elme Leame at Grangers House upon the Bank of the Fenne Ground called Coldham and from thence unto the River of Neane near Thurlings in Upwell upon the Bank of Needham called Bishops Dike and from thence unto Weil Creek at the North-west corner of Wassingham Fenne upon the Bank of the Grounds in Upwell and Outwell called Playfield and Churchfield excluding the aforesaid Fennes and Grounds called Waldersea Coldham Needham Playfield and Churchfield and from thence unto Salters-Load upon the New Podyke Bank and from thence unto the mouth of the River Wissey upon the River Owse and from thence unto Helgey Bridg upon the River Wissey and from thence unto the Vplands at the end of the Bank of the Grounds late of Edmond Skipwith Esquire deceased upon the said Bank and from thence unto Stoake Bridg upon the Vplands of Roxham Deereham Weereham Wretton and Stoake in the said County of Norfolk Except the imbanked Grounds late of Edmond Skipwith Esquire lying on the North side of the River of Owse And whereas the said Francis late Earl of Bedford was to have for his recompence of effecting that difficult work onely Ninety five thousand Acres of the said Grounds with convenient High-wayes and Passages to the same And the New River Cutts and Dreynes to be made by the said Earl and his Assigns and the Banks of the same and the Forelands in the inside of the said Banks not to exceed Sixty foot in breadth Which was a work of so Great and Publick Concernment that his said late Majesty gave great Encouragement to the said Francis late Earl of Bedford and others whom he had taken in to be Adventurers and Participants with him therein upon the Covenants Conditions and Agréements contained and specified in and by a certain Indenture of Fourtéen parts bearing date the seven and twentieth day of February in the seventh year of the Reign of his said late Majesty and his Royal Assurance to further it by his Concurrence to an Act of Parliament for establishing thereof and did by Letters Patents under the Great Seal of England Incorporate the said late Earl his Adventurers and Participants to have Succession for ever and in order to the effecting thereof the said late Earl and his Adventurers and Participants bestowed great sums of money for perfecting the same and after his death and some interruptions William now Earl of Bedford son and heir to the said Earl Francis with divers of his Adventurers and Participants
by colour of a pretended Act of Parliament of the nine and twentieth day of May in the year of our Lord One thousand six hundred fourty and nine procéeded in the compleating and finishing the said Works And the Commissioners appointed by that pretended Act did adjudg the same Dreyned but the same cannot be preserved without a perpetual constant care great charge and Orderly Government which being represented to the Kings most Excellent Majesty that now is He hath béen gratiously pleased to declare more then an ordinary willingness to promote and countenance a Work of so Publick Concernment and many ways advantagious to this his Kingdom To the end therefore that a work of this Nature may receive a Publick Support and Encouragement Be it Enacted by the Kings most Excellent Majesty with the Advice and Assent of the Lords Spiritual and Temporal and Commons in this Parliament Assembled and by the Authority of the same That the said William Earl of Bedford son and heir of the said Francis Earl of Bedford The Earl of Bedford and Adventurers made a Corporation for the Fens and the Adventurers and Participants of the said Earl Francis and Earl William or either of them their Heirs and Assigns in such manner as is herein contained shall be a Body Politick and Corporate in Déed and Name and have Succession for ever by the Name of the Governor Bailiffs and Commonalty of the Company of Conservators of the Great Level of the Fens which Corporation shall consist of one Governor six Bayliffs twenty Conservators and Commonalty and shall have and use a Common Seal to be appointed by themselves and assemble and meet together when where and as oft as they please and appoint a Register Receiver one or more Sergeants at Mace and other Officers and allow them Salaries and remove them and make new at their pleasure And the said William Earl of Bedford is to be the first Governor The Earl of Bedford Governour The Bayliffs Richard Lord Gorges Sir Richard Onslow Knight Sir William Terringham Knight of the Bath Samuel Sandys Thomas Chichely and Samuel Fortrey Esquires the six first Bailiffs Sir Gilbert Gerhard junior Knight William Denton William Crane Edmond Berry-Godfrey Arthur Evelin Samuel Smith Roger Jenings Robert Castle Robert Hampson Joseph Ayloffe Esquires Thomas Lord Culpepper Sir John Hewett Baronet Arthur Onslow Robert Phillips Anthony St. John Esquires Sir Oliver St. John Sir Charles Harbord Knights Francis Hoblyn Samuel Sandys junior Conservators and Robert Terringham Esquires the first Conservators And the said Governor Bayliffs and Conservators to continue until Wednesday in Whitsun-week in the year of our Lord One thousand six hundred sixty and four and from thenceforth until new Elections by the said Corporation or the major part which shall be then present And shall be capable to sue and be sued and without License of Mortmain to purchase Mannors Lands Tenements and Hereditaments Their power and authority not excéeding two hundred pounds per annum and Goods and Chattels and to dispose thereof in the name and to the use of the said Corporation and the said Governor Bayliffs and Conservators or any five or more of them whereof the said Governor or Bailiffs or any of them to be two shall and may lay Taxes from time to time upon all the said Ninety five thousand Acres only for support maintenance and preservation of the said Great Level and levy the same with penalties for non-payment not exceeding a third part of the Tax and all other things do in order to the support maintenance and preservation of the said Great Level and Works made and to be made And whereas by the said Law of Sewers twelve thousand Acres parcel of the said ninety five thousand Acres was designed and intended to his said late Majesty and were set forth and allotted by bounds in severalty and his said late Majesty was in possession thereof and granted assigned allotted and set out by bounds two thousand Acres parcel of the said twelve thousand Acres by Letters Patents unto Jerome Earl of Portland his Heirs and Assigns Earl of Portlands 2000 Acres of which said two thousand Acres the said Earl of Portland hath sold away about One thousand five hundred Acres in several parcels to several persons their Heirs and Assigns for valuable considerations and the residue thereof being about five hundred Acres hath granted and conveyed unto his Brother Benjamin Weston Esquire and his Heirs upon several Trusts agreed upon betwéen the said Earl of Portland and Benjamin Weston by writing for that purpose Be it therefore Enacted by the Authority aforesaid That the said two thousand Acres or such other Lands of equal value as shall be set forth in Exchange of the same in case the aforementioned two thousand Acres or any part thereof shall hereafter be adjudged to have béen unduly set out shall be and hereby are vested setled and established in the said several and respective persons to whom the said Earl of Portland hath so conveyed or mentioned to convey the same their Heirs and Assigns respectively to each person his Heirs and Assigns his and their several and respective Share and Shares that was so respectively to each of them conveyed or mentioned to be conveyed by the said Earl of Portland to be held and enjoyed by them and each of them his Heirs and Assigns his and their own Share and Part only in severalty according to the intent of the said Conveyances thereof to them respectively made by the said Earl of Portland upon the same Trusts nevertheless for and concerning the said five hundred Acres granted or mentioned to be granted to the said Benjamin Weston which the said Earl of Portland and Benjamin Weston had declared and agréed upon betwéen them as aforesaid Which said two thousand Acres shall be holden of the Kings Majesty his Heirs and Successors of the Mannor of East Greenwich by Fealty only in Frée and Common Soccage and not otherwise and subject nevertheless with the the residue of the Ninety five thousand Acres in equal proportion to all Taxes and Charges necessary and conducing to the preservation of the said Great Level from Drowning The 83000. Acres setled and vested in the Governor c. And be it further Enacted by the Authority aforesaid That the Eighty three thousand Acres remainder of the said Ninety five thousand Acres with the said Ways Passages new Rivers Cutts Dreyns Banks and Forelands over and above the said ten thousand Acres residue of the said twelve thousand Acres which were allotted in severalty and of which his said late Majesty was in possession as aforesaid are hereby vested and setled in the said Governour Bailiffs and Commonalty of the Company of Conservators of the said Great Level of the Fens and their Successors In trust nevertheless for the said William Earl of Bedford and the Adventures and Participants of the said Earl Francis and Earl William or either of them
be lawful for the said Commissioners for the time being or any seven or more of them from time to time and at all times to Assess Taxes or Sums of Money upon the said Ninety five thousand Acres for the raising money for Draining the same again in such proportion as they or any seven or more of them shall think fit together with a penalty for not paying the said Taxes the said penalty not excéeding a third part of such Tax How lands may be sold for non-payment of Taxes or penalties And for default of payment of the said Taxes or Sums of money and penalties Be it Enacted That the Lot and Share of such Participant or Adventurer of and within the said Ninety five thousand Acres as shall be in arrear for the said Tax sum of money or penalty and unpaid by the space of two moneths next after the day appointed for payment by the said Commissioners or any seven or more of them or so much thereof as they shall think fit shall be Sequestred by the said Commissioners or any seven or more of them for or towards the payment of such Tax sum of money or penalty so in arrear restoring the overplus of the money for which such Lot or Share or any part thereof shall be Sequestred if any be Which Sequestration shall be made in writing under the hands and seals of the said Commissioners for the time being or any seven or more of them Provided always and be it Enacted by the Authority aforesaid That in case the said Governor Bayliffs and Corporation constituted by this Act shall neglect or refuse to pay such Tax or Taxes and penalties sum or sums of money as shall from time to time hereafter be taxed and imposed by the said Commissioners before named or to be named by vertue of this Act or any seven or more of them pursuant to the Powers given them by this Act whereupon the Goods and Chattels of any person or persons his or their Tenant or Tenants of and in the said Ninety five thousand acres or any part thereof shall be distrained or sold or his or their Lands Sequestred for the payment thereof or that such person or persons his or their Tenant or Tenants shall thereupon pay the said Tax and Taxes and penalties so assessed and imposed as aforesaid That then the said Governour Bayliffs and Corporation immediately from and after notice to him or them given thereof shall Assess and Tax the whole Ninety five thousand Acres for the satisfaction and payment of the Tax Taxes and penalties sum and sums of money and all damages that such person or persons his or their Tenant or Tenants hath or have paid born or sustained as aforesaid And be it further Enacted by the Authority aforesaid That if the said Governour Bayliffs and Corporation shall not within six moneths next after demand made by such person or persons his and their Heirs Executors and Administrators whose own or Tenant or Tenants Goods and Chattels shall be distrained or sold or Lands sequestred as aforesaid pay and satisfie unto him or them such sum and sums of money and damages as he or they and his and their respective Tenant or Tenants have respectively paid born and sustained That then and from thenceforth such person and persons his and their Heirs and Assigns shall and may bring his and their Action or Actions of Debt in any of the Kings Majesties Courts at Westminster against the said Governour Bayliffs and Corporation for the recovery thereof and by vertue of this Act shall recover the same and be allowed Costs of Suit expended therein And be it further Enacted by the Authority aforesaid That the Commissioners so constituted or to be hereafter constituted as aforesaid or any seven or more of them for the better execution of the Powers hereby given shall may inform themselves by examining Witnesses upon Oath which hereby they or any seven or more of them shall have power to administer due execution of all every or any the Powers or Authorities hereby given them for the doing Iustice therein accordingly The Commissioners to take an Oath Provided always That the said Commiâ—â—ioners and every of them before he or they take upon him or them the execution of any the Powers or Authorities hereby given them other then the administring the Oath following to one another which they shall have authority by this present Act to administer to one another shall take the Oath following viz. I A. B. shall and will without favour or affection hatred or malice truly and impartially according to the best of my skill and knowledg execute and perform all and every the Powers and Authorities established by this Act of Parliament Which Oath any one of the said Commissioners are hereby authorized to administer And be it further Enacted by the Authority aforesaid That all Iudgments Orders Decrées Determinations Alterations Changes Restaurations and other Acts done by the said Commissioners hereby constituted or hereafter to be constituted as aforesaid or of any seven or more of them respectively pursuant to the Powers and Authorities by this Act given shall be final And that the first time and place of their Méeting shall be at or before the Two and twentieth day of September in the year of our Lord One thousand six hundred sixty and thrée at Ely And that afterwards the usual places where the said Commissioners shall sit to Hear Order The Places where the Commissioners shall sit and Determine the Matters to them referred by this Act shall from the 29th of September to the 26th day of March in every year be at the Town of Huntington and from the 25th day of March till the 30th day of September in every year be at Ely unless the said Commissioners hereby constituted or hereafter to be constituted as aforesaid or any seven or more of them shall appoint some other place or places being a Market Town or Towns And the said Commissioners or any seven or more of them shall by Warrant under their hands and seals declare the places and times of their after-méeting which Warrant shall be published in the open Market of such respective places where they last sate betwéen the hours of Twelve Two upon some Market day one moneth at the least before the said time or times of méeting To the end all persons concerned may have sufficient time and notice to make their appearance before them upon any cause of complaint or other occasion And shall have power and authority by Warrant under the hands and seals of any seven or more of them to summon Parties and Witnesses to appear before them Provided That none of the said Commissioners hereby constituted or hereafter to be constituted as aforesaid shall Vote or give his Iudgment or Determination in any matter or thing which concerns the Division and Bounds of the County of or for which he is appointed Commissioner Provided also That no person who
executed in such manner as Iudgement of Transportation by this Act is to be executed But in case such person shall take the said Oath then he shall thereupon be discharged Peers offending how to be proceeded against Provided always and be it Enacted by the Authority aforesaid That if any Péer of this Realm shall offend against this Act he shall pay Ten pounds for the first offence and Twenty pounds for the second offence to be levied upon his Goods and Chattels by Warrant from any two Iustices of the Peace or Chief Magistrate of the Place or Division where such Peer shall dwell and that every Péer for the third and every further offence against the tenour of this Act shall be tried by his Péers and not otherwise The continuance of this Act. Provided also and be further Enacted by the Authority aforesaid That this Act shall continue in force for Thrée years after the end of this present Session of Parliament and from thenceforward to the end of the next Session of Parliament after the said Thrée years and no longer CAP. V. Against Disturbances of Sea-men and others and to preserve the Stores belonging to His Majesties Navy Royal. WHereas divers fightings quarrellings and disturbances do often happen in and about His Majesties Offices Yards and Stores for His Majesties Royal Navy and frequent differences and disorders are occasioned in the Office of His Majesties Treasury of the Navy on Pay-days in London Portsmouth and other places of méeting for the service of the said Navy and that either by the unreasonable turbulency of Sea-men and others attending on or relating to that Service or their Creditors or by the rudeness of the Officers intrusted with His Majesties Stores on Land or in his Royal Ships when they are questioned by the principal Officers and Commissioners of the said Navy either for neglect or imbezelment of His Majesties Provisions Ammunitions or other Equipage of the Navy under their charge And that not only to the disturbance of the Peace but sometimes to the danger and hindrance of His Majesties Service both in point of Husbanding His Majesties Revenue and also in dispatch of the Ships on which the honour and safety of His Majesty and Kingdom so much depends which Inconveniences require a spéedier Remedy then the ordinary attendance on the Sessions of the Peace can give the parties accused or offending being many times bound to Sea And the principal Officers and Commissioners for want of authority to suppress such Insolencies and determine such Cases being necessitated to pass by many offences in which His Majesty might be righted if their necessary attendance on that Important Service would permit the prosecution of the Offenders before other ordinary Iudicatures Be it therefore Enacted by the Kings most Excellent Majesty with the advice and consent of the Lords Spiritual and Temporal and Commons in Parliament assembled and by Authority of the same That the Treasurer Comptroller Surveyour Clerk of the Acts and the Commissioners of the Navy for the time being Who may punish disturbances by Sea-men and others relating to the Navy Office or any two or more of them have power and Authority to examine and punish all such person and persons whom they upon their enquiry examination or on view in their presence shall find hereafter to make or have made any disturbance fighting or quarrelling in the Yards Stores or Offices aforesaid at Pay-days or on other occasions relating to the Naval Services in such manner as followeth that is to say That they or any two or more of them may punish any the said offences by Fine Imprisonment or either of them the Fine not excéeding twenty shillings and the Imprisonment not excéeding one wéek and have power in such cases to commit such persons to the next Gaol or to the custody of the Messenger or Messengers for the time being attendant on them who respectively are to receive and detain such person so offending And that the said principal Officers Commissioners or the greater number of them then present have power to discharge such Fine or Imprisonment if they so think fit And for non-payment of the Fine so Imposed and not remitted to imprison the party offending until payment thereof which said Fines shall be paid to the Clerk of the Chest for the use of the maimed Sea-men and that the examination of witnesses be upon oath before them which they any two or more of them are accordingly impowred to administer And it is further by the Authority aforesaid Enacted That the said Officers and Commissioners or any two or more of them in Cases where greater example or punishment is néedful may also bind the person and persons offending to their good behaviour with or without Securities as occasion shall be Imbezilling of Stores and Ammunition And whereas divers of His Majesties Stores and Ammunition pertaining to his Navy and Shipping or service thereof are Imbezelled and Filched away It is by like Authority Enacted That the said principal Officers and Commissioners or any two or more of them by warrant under their hands and seals have power in like manner to enquire and search for the same in all places as Iustices of the Peace may do in case of Felony and punish the Offenders by such Fine and Imprisonment as aforesaid and cause the Goods to be brought in again And if th◠offence be of such nature as doth require a higher and severer punishment Then that they or any two or more of them may commit such offenders to the next Gaol or to the custody of their Messenger or Messengers aforesaid till he or they so offending enter into Recognizance with Surety or Sureties according to the nature of the offence to appear and answer to the same in his Majesties Court of Exchequer or other Court where his Majesty shall question him or them for the same within one year following on process duly served for that purpose on such offender or offenders And it is Declared and Enacted by the Authority aforesaid That they the said principal Officers and Commissioners or any two or more of them may put in use the said powers on the Offenders as aforesaid in all places where they hold an Office for his Majesty as well within Liberties as without Any Law Statute Ordinance Charter or Priviledge to the contrary notwithstanding This Act to continue for two years from the First day of June The continuance of this Act. 19 Car. 2. cap. 7. One thousand six hundred sixty and four And from thence to the end of the next Session of Parliament CAP. VI. To prevent the delivering up of Merchants Ships WHereas it often happeneth that Masters and Commanders of Merchants Ships do suffer their Ships to be boarded and the goods to be taken out by Pyrats and Sea-Rovers notwithstanding they have sufficient force to defend themselves whereby not only the Merchants are much prejudiced but the honour of the English Navigation
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
in the City of London and Burrough of Southwark or any of them for or in respect of any Rents or Revenues payable to the said Hospitals being to be received and disbursed for the immediate use and relief of the Poor in the said Hospitals Provided That no Tenants that hold or enjoy any Lands or Houses by Lease Tenants to be assessed for the over value of their Lands or any other Grant from any of the said Hospitals do claim and enjoy any freedom exemption or advantage by this Act but that all the Houses and Lands which they so hold shall be rated and assessed for so much as they are yearly worth over and above the Rents reserved and payable to the said Hospitals Provided also London That where any Person inhabiting within the City of London hath his dwelling house in one of the Parishes or Wards therein and hath any Goods Wares or Merchandize in one or more of the other Parishes or Wards within the same that then such Person shall be charged taxed and assessed for such his Goods or Merchandize in the Parish or Ward where he dwelleth and not elsewhere in the said City Provided nevertheless That no Clause or Proviso in this Act shall extend to the lessening or abatement of the full sum by this Act appointed to be taxed levied and paid There shall be no abatement of the full sum in this Act. but that the same be fully assessed taxed levied collected and paid in the several and respective Counties Cities and Towns aforesaid in such manner and form and to such uses as herein before mentioned and declared And that the several and respective Commissioners The Commissioners to give accompt to the Lord Treasurer and every of them shall from time to time give a true and perfect accompt of all their doings and procéedings in the execution of this Act to the said Lord Treasurer or to other such Persons as His Maiesty shall appoint Provided alwayes and be it hereby Enacted and Declared Assessing by a pound-rate That in case the way or manner of assessing by a Pound-rate shall prove any way prejudicial or obstructive to the said spéedy bringing in of the Assessment or any part thereof appointed by this Act that then and in all such cases the respective Commissioners or any two of them are hereby authorized to order and direct their respective Assessors who are hereby required to procéed accordingly to assess the respective Sums charged on the respective Counties Cities and Burroughs Towns and places mentioned in this Act according to the most just and usual way of Rates held and practised in such Counties Cities Burroughs Towns and places respectively Any thing in this Act to the contrary thereof contained in any wise notwithstanding Provided always That nothing in this Act contained shall be construed to alter change determine Contracts and Covenants between Landlord and Tenant or make void any Contracts Covenants or Agréements whatsoever between the Landlord and Tenant touching the payment of Taxes or Assessments any thing herein before mentioned to the contrary notwithstanding Provided always and be it further Enacted and Declared by the Authority aforesaid All places and divisions to be rated as formerly That for the avoiding of all obstructions and delays in collecting the sums by this Act to be rated and assessed all Places Constablewicks Divisions and Allotments which have used to be rated and assessed shall pay and be assessed in such County Hundred Rape and Wapentake as the same hath heretofore usually béen assessed in and not elsewhere And be it further Enacted by the Authority aforesaid That if any Action Plaint Suit or Information shall be commenced or prosecuted against any person or persons for what he or they shall do in pursuance or in execution of this Act Persons sued for executing this Act may give the general issue in Evidence such person or persons so sued in any Court whatsoever shall or may plead the General Issue Not Guilty And upon any Issue joyned may give this Act and the special matter in Evidence And if the Plaintiff or Prosecutor shall become Non-suit or forbear further Prosecution or suffer Discontinuance or if a Verdict passe against him the Defendants shall recover their Treble Costs for which they shall have the like Remedy as in any case where Costs by the Law are given to Defendants Treble-Costs Proviso for Salop and Stafford Provided alwayes That nothing in this Act shall extend or he construed to invalidate a Decree lately made in the high Court of Chancery for the quieting of Suits between the Counties of Salop and Stafford and for the setling all future Payments to be imposed on certain Lands in Sheriff-Hales with the County of Salop Sheriff-Hales And for exempting the said Lands from paying hereafter with the County of Stafford But that the said Decrée shall remain in such and no other force as it did before the making of this Act any thing herein to the contrary notwithstanding Provided alwayes and be it Enacted by the Authority aforesaid That all Spiritual Promotions and all Lands Spiritual promotions and lands c. Possessions or Revenues annexed to and all Goods and Chattels growing or renewed upon the same or elsewhere appertaining to the Owners of the said Spiritual Promotions or any of them which are or shall be charged or made contributory by this Act towards the Payments aforesaid during the time therein appointed shall be absolutely freed and discharged from the two last of the four Subsidies granted by the Clergy to His Majesty His Heirs and Successors by an Act made in a former Session of this present Parliament Entituled An Act for confirming of four Subsidies granted by the Clergy 15 Car. 2. cap. 10. Any clause or thing in the said Act to the contrary notwithstanding Head-collectors shall give acquittances without fee. Provided alwayes and be it Enacted by the Authority aforesaid That the several Head-Collectors which shall be appointed according to this Act shall from time to time at every Payment appointed thereby give unto the several Sub-collectors within their respective Precints upon the Payment of the whole Sum due at such times of Payment from their respective Parishes Constablewicks or places within each of their Collections several Acquittances under their Hands without taking any thing for the same And that in like manner at every time of Payment appointed by this Act Receiver-General the Receiver-General of each County shall give unto the several Head-Collectors aforesaid upon the Payment of the whole Sum due for their Hundred or Division respectively at each time of Payment aforesaid several Acquittances under their Hands and Seals without taking any thing for the same which said Acquittances of the Head-collectors shall be a full and perfect Discharge to the Sub-collectors And the said Acquittances of the Receiver-General shall be a sufficient Discharge to the Head-collectors and
the Coals which shall be otherwise sold or exposed to sale by any Woodmonger or Retailer of Coals and the double value thereof to be recovered by any person or persons that will prosecute for the same in any Court of Record or by way of complaint made unto the Lord Mayor of London for the time being and Iustices of Peace within the City of London and Liberties thereof or to any two of them or to the Iustices of Peace of the several and respective Counties and Places where such Coals shall be exposed to sale or any of them who are hereby Impowred and Required to call the Parties before them and to hear and examine such Complaint upon Oath which by vertue of this Act is to be administred by them or any Two of them and upon due proof thereof made to their satisfaction to Convict the Offenders and to give Warrant under their Hands and Seals for levying the Forfeitures accordingly the one half thereof to be to and for the use of the person or persons so prosecuting or complaining and the other half to and for the use of the Poor or repairing of the High-wayes within the same Parish or any other adjoyning Parish or Parishes to be appointed and apportioned by the direction of the said Lord Mayor and Iustices by such their Warrant as aforesaid And the said Lord Mayor of London and the Court of Aldermen for the time being Who may set Rates upon Coals in London and the Iustices of Peace of the several Counties respectively or any thrée or more of them whereof one to be of the Quorum are hereby impowred to set the Rates and Prises of all such Coals as shall be sold by Retail as they from time to time shall judge reasonable allowing a competent profit to the said Retailer beyond the price paid by him to the Importer and the ordinary charges thereupon accruing And that if any Ingrosser or Retailer of such Coals shall refuse to sell as aforesaid Ingrossers or Retailers refusing to â—ell at the said Rates That then the said Lord Mayor and Aldermen and Iustices of Peace respectively are hereby authorised to appoint and impower such Officer or Officers or other persons as they shall think fit to enter into any Wharf or other place where such Coals are stored up And in case of refusal taking a Constable to force entrance and the said Coals to sell or cause to be sold at such Rates as the said Lord Mayor and Aldermen and Iustices respectively shall judge reasonable rendring to such Ingrosser or Retailer the money for which the said Coals shall be so sold necessary charges being deducted The continuance of this Act. Provided That this Act shall continue for thrée years next ensuing and thenceforth to the end of the next Session of Parliament and no longer Provided also That no person or persons that shall be sued by vertue of this Act for not observing thereof shall be sued upon any other Act or Law now in force for the same offence And if any Action shall be commenced against any Iustice of Peace Persons sued upon this Act may plead the general issue Constable or other Officer or Person for any thing done by colour of this Act the Defendant in every such Action may plead the general Issue and give the special matter in Evidence And if the Verdict be found for him or the Plaintiff become Non-suited shall recover and have his Damages and double Costs of suit for his unjust Vexation in that behalf Who may not act in setting Rates upon Coals Provided always That no Person having any Interest in any Wharf used for the receiving or uttering of Coals or that doth or shall Trade by himself or others in his own or any other name in the sale of any Coals or the Engrossing the same in order to sell the same and not for his own private use onely shall act or otherwise intermeddle in the setting the Price of Coals Any thing in this Act to the contrary in any wise notwithstanding CAP. III. For the Returning of able and sufficient Jurors FOr the returning of more able and sufficient Iurors for Trials hereafter to be had betwéen Party and Party and for reformation of abuses in Sheriffs and other Ministers who for reward do oftentimes spare the ablest and sufficientest and return the poorer and simpler Fréeholders less able to discern the Causes in question and to bear the charges of appearance and attendance thereon Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same Iurors for trials of issues shall have 20 l. per annum Freehold That all Iurors other then Strangers upon Tryals per medietatem linguae who are to be returned for the Tryals of Issues joyned in any of the Kings Majesties Courts of Kings Bench Common-Pleas or the Exchequer or before Iustices of Assize or Nisi Prius Oyer and Terminer Gaol-Delivery or General or Quarter-Sessions of the Peace from and after the twentieth day of April which shall be in the year of our Lord One thousand six hundred sixty five in any County of this Realm of England shall every of them then have in their own name or in trust for thâ—â— within the same County twenty pounds by the year at least above reprises in their own or their wives right of Free-hold Lands or of ancient Demesne or of Rents in Fee Fee-tail or for life And that in every County within the Dominion of Wales every such Iuror shall then have within the same eight pounds by the year at the least above reprises in manner aforesaid All which Persons having such Estate as aforesaid are hereby enabled and made lyable to be returned and to serve as Iurors for the Tryal of Issues before the Iustices aforesaid Any Law or Statute to the contrary in any wise notwithstanding And if any of a lesser Estate and value shall be respectively returned upon any such Iury or Tales in default of such Iurors it shall be a good cause of Challenge and the Party returned shall be discharged upon the said Challenge or his own Allegation and Oath thereof And that no Iury-mans Issues making default shall be saved but by special Order of the Iudge or Iudges before whom the Issue is to be tryed Issues of Iurors upon default for some just and reasonable cause proved upon Oath before the same Iudge or Iudges And all such Issues shall be duly estreated and levied The Ven ' fac And that the Writ of Venire facias which from and after the aforesaid time shall be awarded and directed for the impannelling of Iuries in cases aforesaid within any County of England shall be in this form Rex c. Praecipimus c. quod venire fac coram c. duodecem liberos legales homines
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
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
and their heirs and successors respectively by and according to his and their tenures estate title and interest which he or they had in the Mannors Lands or Tenements for or in respect of which he or they claimed or inclosed the said quantity or quantities of the said Wastes as abovesaid Provided always and be it Enacted by the Authority aforesaid That the said Commissioners and every of them before he or they take upon him or them the execution of any the Powers or Authorities hereby given them other then the administring the Oath following to one another which they shall have Authority by this present Act to administer to one another shall take the Oath following viz. The oath to be taken by Commissioners I A. B. am not interessed in possession reversion or remainder of in or to the said Fens or any part thereof And shall and will without favour or affection hatred or malice truly and impartially according to the best of my skill and knowledg execute and perform all and every the Powers and Authorities in me established by this Act of Parliament Which Oath any one of the said Commissioners are hereby authorised to administer The places of the Commissioners â—â—tting And that the places where the said Commissioners shall sit to hear order and determine the matters referred to them by this Act shall be at the Towns of Stamford Market-Deeping or Spalding in the said County of Lincoln And the said Commissioners or any seven or more of them are hereby directed by Warrant under their hands and seals to declare the places and times of their méeting The same Warrant to be published in open Market in the said Towns of Stamford Market-Deeping and Spalding betwéen the hours of twelve and two upon some Market-day one and twenty dayes at least before the said time or times of méeting to the end all persons concerned may have sufficient time and notice to attend And shall have power and Authority by Warrant under the hands and seals of any thrée or more of them Their power and manner of proceeding to summon parties and witnesses to appear before them And in case any controversy or difference shall happen to arise betwéen or amongst the said Commissioners before any Iudgment or Determination given by them in the premisses touching or concerning the exposition of the words of this Act or the powers or authorities thereby to them given Then the Lord Chief Iustice of the Kings Bench the Lord Chief Iustice of the Common-Pleas and the Lord Chief Baron of his Majesties Court of Exchequer for the time being are hereby constituted and established a Iudicature and they or any two of them are hereby authorized to hear adjudg and determine such controversies and differences And their Iudgment or determination thereof certified under their hands seals shall be observed and shall be likewise certified together with the Iudgments and determinations of the said Commissioners into the Petty-bag there to be kept on Record as aforesaid CAP. XII The River Avon to be made Navigable from Christ-Church to the City of New-Sarum WHereas the making Navigable and passable with Barges Boats Lighters and other Vessels the River Avon in the Counties of Wilts and Southampton from the Town of Christ-Church in the said County of Southampton to the City of New-Sarum in the said County of VVilts And if néed require the making of a new Haven may with Gods blessing be of great advantage and benefit not only to the said Counties but also to the Publick by import and export of Commodities and increase of Commerce and Trade and of able Seamen and Watermen and most profitable and necessary for the said City of New-Sarum for the conveyance thereby of Fewel and other necessaries to the said City whereof there is now great scarcity and far greater is like to grow if some help therefore be not provided besides the extraordinary preservation of the High-ways in and near the said City and County Commissioners how to be appointed for making the river Avon navigable Be it therefore Enacted by the Kings Majesty by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same That the Lord Chancellor or Lord Kéeper of the Great Seal of England for the time being at any time after the end of this present Session of Parliament shall and may nominate appoint and authorize by Commission under the Great Seal of England such person or persons Bodies Politick and Corporate as to him shall séem fit and are willing to undertake the making Navigable the said River of Avon from the said Town of Christ-Church to the said City of New-Sarum And to make a new Haven if néed require for Ships and Vessels near the said Town of Christ-Church Which said Vndertakers so nominated and appointed as aforesaid are hereby authorized and shall have full power and authority by this present Act to make Navigable or passable by Barges Boats Lighters or other Vessels the said River of Avon from the said Town of Christ-Church to the City of New-Sarum aforesaid And for that purpose to cleanse scour and open the same and to cut or dig the Banks of the same and to take away or remove all Wears or other Impediments that may hinder Navigation either in sailing or haling of Boats with Horses Men or otherwise to amend or alter such Bridges and High-ways as may hinder the said Passages and Navigation and to open prepare and make all Wears Sasses Locks and Turn-pikes fit for the said Passage And likewise to cleanse scour open or cut and dig the Banks of any other Stream Brook Ditch or Water-course that shall to them séem convenient for the better making the said River Navigable and passable for Boats Barges Lighters and other Vessels And likewise to make and erect any Wharfs Sasses Locks Turnpikes or pens for Water in or near the said River or Passage that shall be fit or necessary for the same and to bring lay and work all Materials requisite for the making erecting and repairing of the said Locks or Turnpikes upon the said River or Passage and to cut such and so many new Channels and Trenches as to them shall séem convenient for altering the course of the said River of Avon in bringing the same to the City of New-Sarum as aforesaid as also for the bringing in any other River or Water-course into the said River and to do all other things necessary and convenient for the said River and Passages new Channels Wharfs Sasses Locks Wears Turnpikes Penns for Water and the said Bridges Ways and Passages and for the altering repairing kéeping using and amending of the same or any of them or any part of them from time to time hereafter as oft as néed shall require and also if néed require to make a commodious Haven and Port near the said Town of Christ-Church for the Entry
Ordnance shall make without Fée Charge or Delay And that all Orders for repayment of money lent shall be registred in course according to the Date of the Tallies respectively And that all Orders signed by the Lord Treasurer and Vnder-Treasurer of the Exchequer for payment of money for Goods Wares Victuals and other necessaries furnished to Your Majesty Your Officers Master or Commissioners aforesaid shall be registred in course according to the time of bringing to the Office of the Auditor of the Receipt the Certificates above mentioned And that all Orders so signed for payments directed by his Majesty shall be entred in course according to their respective Dates and none of the sorts of Orders above mentioned either for Loans of Moneys Supplies of Wares Goods Victuals or Necessaries or by special direction shall have preference one before another but shall all be entred in their course according to the Dates of the Tallies the times of bringing the Certificates and the Dates of the Orders for payments directed by his Majesty as they are in point of time respectively before each other And that all and every person and persons shall be paid in course according as their Orders shall stand entred in the said Register-Book be it Orders for payments directed by his Majesty or for Moneys lent or for Wares Commodities or other Necessaries furnished as aforesaid so as that person his Executors Administrators and Assigns who shall have his Warrant or Order Warrants or Orders first entred in the said Book of Registry shall be taken and accounted as the first person to be paid upon the moneys to come in by vertue of this Act and he or they that shall have his or their Warrants or Orders Warrant or Order next entred shall be taken and accounted the second person to be paid and so successively and in course And that the moneys to come in by this Act shall be in the same order liable to the satisfaction of the said respective parties their Executors Administrators or Assigns successively without preference of one before another and not otherwise And that no Fée Reward or Gratuity directly or indirectly be demanded or taken of any of Your Majesties Subjects for providing or making of such Books Registers Entries View Search Certificate in or for payment of money Lent or the Interest thereof or for payment of any money upon any Order upon any Contract for Wares and Goods furnished to the Vse of Your Majesties Navy and Ordnance as aforesaid by any of Your Majesties Officer or Officers their Deputies or Clerks on pain of payment of treble Damages to the party grieved by the party offending with costs of Suit And if the Officer himself take or demand any such Fée or Reward then to lose his place also And if any undue preference of one before another shall be made either in point of Registring contrary to the true meaning of this Act by any such Officer or Officers then the party offending shall be liable by Action of Debt or on the Case to pay the value of the Debt Damages and Costs to the party grieved And shall be forejudged from his Place or Office And if such preference be unduly made by any his Deputy or Clerk without Direction or Privity of his Master then such Deputy or Clerk only shall be liable to such Action Debt Damages and Costs And shall for ever after be incapable of the same And in case the Auditor shall not direct the Order or the Clerk of the Pells Record or the Teller make payment according to each persons due place and order as afore directed then he or they shall be judged to forfeit and their respective Deputies and Clerks herein offending be liable to such Action Debt Damages and Costs in such manner as aforesaid Provided always And it is hereby Declared That if it happen that several Tallies of Loan or Certificates for Wares Delivered or Orders for Payments from his Majesty as aforesaid bear Date or be brought the same day to the Auditor of the Exchequer to be Registred Then it shall be interpreted no undue preference which of these he enters so he enter them all the same day Provided also That it shall not be interpreted any undue preference to incur any penalty in point of payment if the Auditor direct and the Clerk of the Pells Record and the Teller do pay subsequent Orders of persons that come to demand their money and bring their Orders before other persons that did not come to demand their money and bring their Order in their course so as there be so much money reserved as will satisfie their Orders which shall not be otherwise disposed but kept for them Interest upon Loan being to cease from the time the money is so reserved and kept in Bank for them And be it further Enacted by the Authority aforesaid That every person or persons to whom any money shall be due by vertue of this Act after Warrant or Order entred for payment thereof his Executors Administrators or Assigns by Indorsement of his Order or Warrant may assign and transfer his Interest and Benefit of such Warrant to any other which being notified and an Entry and Memorial thereof also made in the said Registry for Warrants which the Officers shall on request without Fées or charge accordingly make shall Intitle such Assignée his Executors Administrators and Assigns to the Benefit thereof and payment thereon And such Assignée may in like manner assign again and so toties quoties and afterwards it shall not be in the power of such person or persons who have made such Assignments to make void release or discharge the same or the moneys thereby due or any part thereof And in case any person or persons be willing to advance the Tax they themselves are to pay or the Tax of any Tything Hundred Parish Division or County for six moneths or more unto the Receiver-General of that Place or County The said Receiver-General is hereby authorized to receive the same and to make deduction of so much for Interest after the Rate of six per Centum per annum as the Advance amounts unto and the Receivers acquittance shall be a sufficient Discharge for the same which money so advanced shall be accounted for and paid into the Exchequer by it self Quarterly CAP. II. Non-Conformists restrained from Inhabiting in Corporations WHereas divers Parsons Vicars Curates Lecturers and other persons in Holy Orders have not declared their unfeigned assent and consent to the use of all things contained and prescribed in the Book of Common Prayer and Administration of the Sacraments and other Rites and Ceremonies of the Church according to the use of the Church of England or have not subscribed the Declaration or acknowledgment contained in a certain Act of Parliament made in the Fourtéenth year of His Majesties Reign and Intituled An Act for the Uniformity of Publick Prayers and Administration of Sacraments and other Rites and Ceremonies and
nine hundred and two pounds fiftéen shillings and eight pence And all and every person or persons who shall be liable to or any wayes concerned or imployed in the assessing collecting levying receiving or paying of the Moneys by this Act imposed shall have like benefits advantages and discharges and shall be subject to like penalties and forfeitures in case of any neglect or refusal to pay their respective Assessment or to perform their respective duties as any other person or persons lyable unto or concerned or imployed in the assessing collecting levying receiving or paying any of the said former Assessments ought to have or be subject unto as fully and amply as if all and every the clauses matters and things to the said former Assessments relating had béen again in this Act repeated and Enacted The meeting of the Commissioners And be it further Enacted That the several Commissioners shall méet together at the most usual and common place of méeting vpon or before the Tenth day of January One thousand six hundred sixty seven to put this Act in Execution And that the said One hundred and twenty thousand nine hundred and two pounds fiftéen shillings and eight pence shall be assessed collected levied and paid unto the Receivers of the several Counties appointed or to be appointed by His Maâ—esty and by them answered and paid into his Majesties Exchequer upon or before the Fiftéenth day of February One thousand six hundred sixty and seven Anno XVIII Caroli II. Regis CAP. I. Moneys raised by a Poll and otherwise towards the Maintenance of the present War MOst Gracious Soveraign We Your Majesties most Obedient and Loyal Subjects the Commons now in Parliament Assembled having taken into our serious Consideration the many and urgent Occasions which at this time do press Your Majesty to an extraordinary Expence of Treasure for the Defence of Your Majesties Kingdoms and Dominions and in most thankful acknowledgment of Your Majesties just and tender Care of the welfare of Your People A Free Gift presented to his Majesty towards the carrying on the Warre Do most humbly present unto Your Majesty a Frée Gift of several Sums of money towards the carrying on of the present War to be Levied in such manner as is hereafter expressed and do beséech your Majesty to accept thereof And that it may be Enacted And be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and of the Commons in this present Parliament Assembled and by the Authority of the same That all and every person and persons Bodies Politique and Corporate Guilds or Fraternities within this Kingdom of England Dominion of Wales or Town of Berwick upon Tweed having any personal Estate in such Debts owing to them within the Realm or without Of Personal Estates in Debts and Moneys which he or they do not account or estéem as desperate over and besides such just Debts as he she or they shall bona fide owe or in ready moneys shall yield and pay unto His Majesty for every Hundred pounds in such Debts and ready Moneys the sum of Twenty shillings to be Assessed Imposed Levied and Collected in manner herein after mentioned Debts and Moneys not chargeable by this Act. Provided always That no sum of Money which hath béen lent unto his Majesty upon the Security of the Act Passed at Oxford in the Seventéenth year of his Majesties Reign entituled An Act for granting the Sum of Twelve hundred and fifty thousand pounds to the Kings Majesty for His present further Supply or lent by the City of London upon the Security of His Majesties Revenue arising by Hearth-money 17 Car. 2. cap. 1. at the rate of Sir per Cent. and which at the time of the execution of this present Act shall be unpaid nor any sum of money which shall be lent unto his Majesty upon the Security of this present Act or upon the Security of any other Act of Parliament passed or to be passed during this present Session of Parliament at the rate of Sir per Cent. shall be Rated or Assessed by vertue of this Act Any thing herein contained to the contrary notwithstanding Commissioners and Officers chargeable And be it further Enacted by the Authority aforesaid That all and every person and persons Commissioner or Commissioners having using or exercising any Office Place or publick Imployment whatsoever such persons who are or shall be in Muster and Pay at Land or Sea onely excepted and all and every their Deputies Agents Clerks Secondaries Substistutes and other their inferiour Ministers and Servants whatsoever who are already Taxed in and to the said Monethly Assessment for and in respect of their Offices Agencies and Imployments shall likewise pay vnto his Majesty over and above the several sums with which they are or shall be Charged in or to the said Monethly Assessment the sum of Twelve pence for every Twenty shillings which he or they do receive in one year by vertue of any Fées Profits Perquisites or other Advantages to him or them accruing or by reason or occasion of their several Offices Agencies and Imployments And such who are not already Taxed in and by the said Monethly Assessment for and in respect of their Commissions Offices Agencies and Imployments shall yield and pay unto His Majesty the full sum of Thrée shillings for every Twenty shillings which he or they do receive in one year by vertue of any Fées Profits Perquisites or other advantages to him or them accruing or by reason or occasion of their several and respective Commissions Offices Agencies and Imployments The said several sums of Twelve pence in every Twenty shillings and Thrée shillings in every Twenty shillings to be Assessed Imposed Levied and Collected in such manner as is herein after mentioned Allowing to every such Officer and Commissioner one Third part of the Annual Salary or Sum of money he shall so receive for and towards his or their charge of executing any such Commission Office or Place before mentioned And be it further Enacted by the Authority aforesaid Pensions and Stipends from his Majesty That all and every other person and persons having or claiming to have any Pension or yearly Stipend or Annuity by vertue of any Gift or Grant from His Majesty under his Great Seal or Privy Seal shall pay unto his Majesty the sum of Thrée shillings for every Twenty shillings by the year so given or granted as aforesaid to be Assessed Imployed Levied and Collected in such manner as is herein after mentioned And be it further Enacted by the Authority aforesaid That all Sergeants at Law Counsellors Sergeants at Law Counsellors Attorneys Sollicitors Scriveners Advocates Proctors Notaries Physitians Attorneys Sollicitors and Scriveners and all Advocates Proctors and publick Notaries and all and every person and persons practising the Art of Physick shall pay unto His Majesty the sum of Two shillings
shillings Canon Prebendary Every person of the Degrée of a Canon or Prebendary of any Cathedral or Collegiate Church excepting such sole Prebendary who is a sole Corporation and his Prebend not Rated in the Exchequer at above Thirty pounds Doctor of Divinity Law Physick shall pay the sum of Fifty shillings Every person of the Degrée of a Doctor in Divinity Law or Physick shall pay the sum of Five pounds Doctors of Divinity not beneficed Provided always That no Doctor of Divinity not having any Benefice or Ecclesiastical preferment shall be charged for his Title or Dignity of Doctor by vertue of this Act nor the Widow of any Ecclesiastical person shall be charged for the third part according to the Title or Dignity of her late Husband And be it further Enacted by the Authority aforesaid That for the better Assessing Ordering and Levying of the several sums of money so as aforesaid limited and appointed to be paid and for the more effectual putting of this present Act in execution such persons shall by vertue of this Act be Commissioners for the several and respective Counties Who shall be Commissioners to execute this Act. Cities Boroughs Towns and Places within the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed as are nominated and appointed Commissioners for putting in execution the Powers in a former Act of this Parliament 16 17 Car. 2. cap. 1. entituled An Act for granting a Royal Ayd unto the Kings Majesty of Twenty four hundred threescore and seventeen thousand and five hundred pounds to be raised levied and paid in the space of Three years And be it further Declared and Enacted by the Authority aforesaid That these persons hereafter named shall be added Commissioners for the several Counties Places and Precincts respectively and shall exercise the same power as if they had béen named in the said former Act Viz. Bedford For the County of Bedford Villiers Charnock Humphrey Monox John Beecher Thomas Daniel John Gardiner Esquires _____ Horne Peter Harman Gent. Berks. For the County of Berks Sir William Craven Knight John Kingsmill Esquire John Withwick Edward Keat Charles Fettiplace William Bowles senior Esquires John Munday William Packer Richard House Gent. _____ Gilly Esquire Hugh Barker Doctor of Physick Bucks For the County of Bucks Sir Charles Clever Knight Sir Timothy Tyrrel Knight and Baronet Sir Frederick Hyde Thomas Catesby Edward Stafford Esquires Matthew Archdel Gent Sir John Busby For the Town of Buckingham George Robbins Cambridge For the County of Cambridge Sir John Jacob Baronet Sir Ralph Bovey Baronet Roger Pepys Esq Gerrard Russel Esq For the Town of Cambridge Rowland Simpson Alderman Ely For the Isle of Ely William Legat Anthony Fisher Peter Diamond Esquires Chester For the City and County of the City of Chester Thomas Cooper Alderman Edward Bradshaw Esq Richard Burd Alderman Richard Minshal Richard Taylor John Poolie Robert Harvy Aldermen Cornwall For the County of Cornwall John Trelawney of Trelawen Thomas Vivian John Moulesworth Esquires William Inch Abel French Nicholas Trebarfoot Edward Herle Edward Hoblin Nicholas Herle Walter Leech George Spry William Bond Thomas Dodson Iohn Arundel Iohn Tregygle William Thomas Anthony Tanner John Barret Thomas Penhallow Iohn Tamlin Iohn Verman Richard Williams Iohn Williams Esquires William Kegwin Henry Edwards Arthur Painter Gent. Cumberland For the County of Cumberland John Warwick Richard Lamplugh Miles Penington Joseph Patrickson Iohn Senhouse William Orphaur Ferdinando Hudleston Leonard Dykes Hugh Ascue Richard Patrickson John Punsonbee Esquires Devon For the County of Devon Christopher Lord Torington Richard Duke Gydeon Heydon Richard Lee Richard Hillersdon Samuel Roll Arthur Ashford John Bluet William Bragg Matthew Halls Edmund Parker John Mallet Esquires Sir Iohn Stowel Iohn Chichester Esquire Exon. For the City and County of Exon John Mallet Esquire Doctor Edward Masters Chancellor of the Diocess Eustace Budgell Gent. Derby For the County of Derby George Savile Robert Ashton John Gell Iohn Low Iohn Du◠Esquires Andrew Clayton Robert Moore Gent. Richard Merchant Alderman Edward Abney Esquire Dorset For the County of Dorset Robert Cullyford William Frampton Robert Williams Henry Henly junior Humphrey Weld Esquires the High Sheriff for the time being Iohn Ellesdon Salomon Andrews Iohn Gallop Gentlemen Pool For the Town and County of Pool the Mayor for the time being William Okeden Allen Skutt Gentlemen Durham For the County Palatine of Durham Sir George Fletcher Baronet Robert Shaftoe Humphrey Wharton Thomas Craddock Christopher Saunderson John Jeffreyson Esquires Robert Newhouse Edward Arden Gent. Essex For the County of Essex Sir John Archer one of the Iustices of the Common Pleas Philip Saltenston Thomas Cullum Esquires Timothy Midleton Esq Sir James Russet Edward Shelton Francis Mildmay Colchester For the Town of Colchester Sir Harbotle Grimstone Baronet Master of the Rolls John Eldred senior Iohn Eldred junior Esquires Harwich For the Town of Harwich and Dover-Court the Mayor for the time being Sir Cappel Luckin Knight and Baronet Iohn Eldred junior Esquire Mr. George Coleman Daniel Smith Captain Hunter Alderman Sack Samuel Newton Alderman Robinson Alderman Garriot Alderman Hawks Gloucester For the County of Gloucester Sir John Treacy Sir William Juckson Sir Iohn Newton Baronets Sir Francis Fane Knight of the Bath Sir Iohn Poynts Knight John Merideth Iohn Vaughan Thomas Carpender William Oldesworth John Browning Thomas Veel of Simons Hall Edward Smith George Brett Roger Lingan Robert Loggin Esquires VVilliam Hancock Conway Whitton Thomas Smith Richard Jones of Hanham Thomas Wise Richard Hart Gent. City of Gloucester For the City and County of the City of Gloucester Sir Bainham Throckmorton Knight and Baronet Mr. Thomas Aram Merchant Mr. Iohn Marston Colonel Richard Atkins William Cook Esquire Hereford For the County of Hereford James Pitts Francis Pember of Elsdon Robert Minors of Treagoe Edward Scrimshaw Iohn Bridge of Priors-Court Esquires John Burch of Garnston Iohn Curver of Upton Henry Milbourne William Driver Gilbert Hare Gent. City of Hereford Bridstock Herford Esquire Humphrey Diggs Humphrey Howarth James Wellington Gent. Hertford For the County of Hertford Sir Thomas Brograve Sir Robert Joscelyne Baronets Sir John Witterong Knight and Baronet Sir Charles Cleaver Knight Robert Dicer Iohn Cesar Ralph Radcliffe Francis Shalcross Edward Chester Thomas Tooke Esquires Richard Taverner King of Hempstead Joseph Edmonds Charles Cesar George Nodes George Poyner Joseph Hatch Charles Crouch Thomas James Iohn Dagnoll Gentlemen VVilliam Glascock Esquire Saint Albons For the Burrough of Saint Albans Joshua Lomax Edward Crosby Thomas Rotheram William Rugg William Rance Aldermen Iohn Dogget Huntington For the County of Huntington Sir Iames Beverly Iohn Dryden Anthony Hammon Major Dean of Godmanchester Kent For the County of Kent Sir Thomas Monins Sir Thomas Peirse Baronets Sir Iohn Shaw Knight and Baronet Sir Nicholas Strode Knight Edward Master Elwin VVyat William VViseman Esquires The Mayor of Maidstone for the time being Canterbury For the City and County of Canterbury William
moneys as shall be paid by them in pursuance of this Act which Acquittances shall be a full Discharge to the said Head-collectors and Sub-collectors respectively Acquittances And the said Sub-collectors shall make and deliver to the said Head-collectors a perfect Schedule fairly written in Parchment under their hands and seals signed and allowed by any two or more of the respective Commissioners containing the names sirnames and places of abode of every person within their respective Collection that shall make default of payment of any of the sums that shall be Rated or Assessed on such person by vertue of this Act and the sum and sums charged on every such person The same Schedule to be delivered by the Head-collector to the Receiver-general of that County City Town or Liberty respectively to be by him returned into His Majesties Exchequer Whereupon every person so making default of payment may be charged by Process of the Court according to the course thereof in that behalf None shall be double charged for his Titles or degrees Provided always and be it Enacted That no person shall by vertue of this Act be doubly charged for or in respect of several Titles Honours or Degrées but that every such person shall be charged and assessed for such Title Honour or Degrée onely as is Highest Rated by this Act. Not Letters Patents of Exemption allowable against this Taxe And be it further Enacted by the Authority aforesaid That no Letters Patents granted by the Kings Majesty or any of His Royal Progenitors or to be granted by His Majesty to any person or persons Cities Boroughs or Towns corporate within this Realm of any manner of Liberties Priviledges or Exemptions from Subsidies Toll Taxes Assessments or Aids shall be construed or taken to exempt any person or persons City Borough or Town-corporate or any the Inhabitants of the same from the burthen and charge of any sum or sums of money granted by this Act or any other Act of this Parliament now in force to the Aid and Supply of His Majesty in the present War And all Non-obstantes in any such Letters Patents made or to be made in bar of any Act or Acts of Parliament for the supply or assistance of His Majesty are hereby declared to be void and of none effect Non obstante Any such Letters Patents Grants or Chatter or any Clause of Non obstante or other matter or thing therein contained or any Law or Statute to the contrary notwithstanding No former Receiver not having accompted may be a receiver upon this Act. Provided always and be it Enacted by the Authority aforesaid That if any person being a Receiver of money due upon any former Act of this present Parliament not having accompted for all the moneys by him received and to be accompted for upon such Act or Acts before Michaelmas One thousand six hundred sixty six shall be appointed Receiver for any the moneys due by this Act and shall intermeddle therein every such person shall forfeit the sum of Five hundred pounds to be recovered by any person or persons that will sue for the same in any of His Majesties Courts of Record by Action of Debt Bill Plaint or other Information wherein no Essoyn Protection Wager of Law Aid Prayer Priviledge Injunction or Order of Restraint shall be in any wise prayed granted or allowed nor any more then one Imparlance Provided always And be it Enacted That Thirty thousand pounds and no more of the money to be raised by this Act How Peers shall be rated may be applyed for the payment of His Majesties Guards Provided nevertheless And be it further Enacted That all and every the Péers who are to be rated by vertue of this Act for their Offices and personal Estates shall be rated by John Lord Roberts Lord Kéeper of the Privy Seal George Duke of Buckingham George Duke of Albemarle General of His Majesties Forces by Sea and Land Edward Earl of Manchester Lord Chamberlain of his Majesties Houshold Anthony Earl of Kent Richard Earl of Dorset John Earl of Bridgewater James Earl of Northampton Oliver Earl of Bolingbrook Thomas Earl Rivers Arthur Earl of Essex Arthur Earl of Anglesey Charles Earl of Carlisle William Earl of Craven Richard Lord Archbishop of York Humphrey Lord Bishop of London George Lord Bishop of Winchester Benjamin Lord Bishop of Lincoln Seth Lord Bishop of Exeter Edward Lord Bishop of Carlisle John Lord Bishop of Rochester Henry Lord Arlington one of His Majesties Principal Secretaries of State George Lord Berkley of Berkley-Castle Philip Lord Wharton Charles Lord Howard of Charlton William Lord Grey of Wark Francis Lord Newport John Lord Lucas John Lord Bellasyse Charles Lord Gerard of Brandon Charles Lord Cornwallis and Anthony Lord Ashley Chancellour and Vnder-treasurer of His Majesties Exchequer or any five of them and not otherwise and shall not be Subject to the Imprisonment of his or their Persons Any thing in this Act contained to the contrary in any wise notwithstandding And to the intent that all Moneys to be lent to Your Majesty and the Moneys that shall be due upon Contracts for Wares Ships Goods Victuals or other Necessaries which shall be delivered for this Service may be well and sufficiently secured out of the Moneys arising and payable by this Act. Be it further Enacted by the Authority aforesaid How moneys sent oâ—â—ares advanced upon this Act may be secuâ—ed That there shall be provided and kept in Your Majesties Exchequer to wit in the Office of the Auditor of the Receipt One Book or Register in which all Moneys that shall be paid into the Exchequer shall be Entred and Registred apart and distinct from all other Moneys paid or payable to Your Majesty or to Your Heirs or Successors upon any other Branch of Your Revenue or upon other Accompt whatsoever And that there be one other Book or Registry provided and kept in the said Office of all Orders and Warrants to be made by the Lord Treasurer and Vnder-Treasurer or by the Commissioners of the Treasury for the time being for payment of all and every sum and sums of Moneys to all persons for Moneys lent Wares Goods or Victuals or other Necessaries bought or Ships hired or other payments directed by Your Majesty relating to the service of this War And that no Moneys leviable by this Act be issued out of the Exchequer during this War but by such Order or Warrant mentioning That the Moneys payable by such Order or Warrant are for the service of Your Majesty in the said War respectively That also there be the like Book or Registry provided and kept by the said Auditor of all Moneys paid out or issued by vertue of such Orders and Warrants And that it shall be lawful for any person or persons willing to lend any Money or to furnish any Wares Victuals Ships Goods or other Necessaries on the Credit of this Act at the usual times when the
upon this Act may be Assigned over And be it further Enacted by the Authority aforesaid That every person or persons to whom any moneys shall be due by vertue of this Act after Warrant or Order entred in the Book of Register aforesaid for payment thereof his Executors Administrators or Assigns by Indorsement of his Order or Warrant may assign and transfer his Right Title Interest and Benefit of such Warrant or Order or any part thereof to any other which being notified in the Office of the Auditor of the Receipt aforesaid and an entry and memorial thereof also made in the Book of Registry aforesaid for Warrants which the Officers shall on request without Fée or charge accordingly make shall intitle such Assignée his Executors Administrators and Assigns to the benefit thereof and payment thereon And such Assignée may in like manner Assign again and so Toties quoties and afterwards it shall not be in the power of such person or persons who have made such Assignments to make void release or discharge the same or any the moneys thereby due or any part thereof Persons sued for executing this Act may plead the general issue And be it further Enacted by the Authority aforesaid That if any Action Plaint Suit or Information shall be commenced or prosecuted against any person or persons for what he or they shall do in pursuance or in execution of this Act such person or persons so sued in any Court whatsoever shall or may plead the general Issue Not guilty and upon any Issue joyned may give this Act and the special matter in Evidence And if the Plaintiff or Prosecutor shall become Nonsuit or forbear further prosecution or suffer Discontinuance or if a Verdict pass against him the Defendant and Defendants shall recover their treble Costs for which they shall have the like remedy as in any Case where Costs by the Law are given to Defendants CAP. II. Cattel may not be imported from Ireland and other parts beyond the Seas nor Fish taken by Foreigners WHereas by an Act of this present Parliament entituled An Act for the Encouragement of Trade amongst other things some Provision was made for the preventing of coming in of vast Numbers of Cattel 1◠Car. 2. cap. 5. Stat. 3. whereby the Rents and Values of the Land of this Kingdome were much fallen and like dayly to fall more to the great Prejudice Detriment and Impoverishment of this Kingdom which nevertheless hath by experience béen found to be ineffectual and the continuance of any Importation either of the Lean or Fat Cattel dead or alive herein after specified not onely Vnnecessary but very Destructive to the welfare of this Kingdome Be it therefore Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled That such Importation from and after the second day of February Importation of Cattel a common Nusance in this present year One thousand six hundred sixty and six is a publick and common Nusance and shall be so adjudged déemed and taken to be to all intents and purposes whatsoever And that if any great Cattel Shéep or Swine or any Béef Pork or Bacon except for the necessary Provision of the respective Ships or Vessels in which the same shall be brought not exposing the same or any part thereof to Sale shall from and after the said second day of February by any wise whatsoever be Imported or brought from beyond Seas into this Kingdom of England Dominion of Wales or Town of Berwick upon Tweed That then it shall and may be lawful for any Constable The Penalty Tything-man Headborough Church-wardens or Overséers of the Poor or any of them within their respective Liberties Parishes or Places to take and seize the same and kéep the same during the space of Eight and fourty hours in some publick or convenient place where such Seizure shall be made within which time if the Owner or Owners or any for them or him shall make it appear unto some Iustice of the Peace of the same County where the same shall be so seized by the Oath of two credible Witnesses which Oath the said Iustice of Peace is hereby impowred and required to administer That the same were not Imported from Ireland or from any other place beyond the Seas not herein after Excepted after the said second day of February Then the same upon the Warrant of such Iustice of Peace shall be delivered without delay But in default of such Proof and Warrant then the same to be forfeited One half thereof to be disposed to the use of the Poor of the Parish where the same shall be so found or seized the other half to be to his or their own use that shall so seize the same And for the better encouragement of the Fishery of this Kingdom Be it further Enacted by the Authority aforesaid That if any Ling Herring Cod or Pilchard fresh or salted Encouragement of Fishery dryed or bloated or any Salmons Eels or Congers taken by any Foreigners Aliens to this Kingdom shall be Imported uttered sold or exposed to sale in this Kingdom That then it shall and may be lawful for any person or persons to take and seize the same The one half thereof to be disposed of to the use of the Poor of the Parish where the same shall be so found or seized the other half to his or their own use which shall so seize the same Provided always That nothing in this Act shall be construed to hinder the Importation of Cattel from the Isle of Man in this Kingdom of England Isle of Man so as the number of the said Cattel do not excéed Six hundred Head yearly And that they be not of any other Bréed then of the Bréed of the Isle of Man And that they be landed at the Port of Chester or some of the Members thereof and not elsewhere This Act to continue until the end of Seven years and from thence to the end of the First Session of the next Parliament CAP. III. A former Act for preventing of Theft and Rapine upon the Northern Borders of England Continued WHereas an Act was made in the Fourtéenth year of the Reign of our Soveraign Lord the King that now is entituled 14 Car. 2. cap. 22. An Act for preventing of Theft and Rapine upon the Northern Borders of England which Act is very near expiring and hath béen found very necessary for the preservation of those places from that great number of Lewd Disorderly and Lawless persons that usually frequented thereabouts Be it therefore Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled That the said Act and every Clause and Clauses therein contained and all and every the Powers and Authorities thereby given be continue and remain
Authority aforesaid as followeth viz. That whereas there is already provided a strong and sufficient Messuage in the Parish of S. Thomas the Apostle near the City of Exon for the purpose aforesaid Exon City and One thousand pounds more by certain Trustees upon Proposals and Agréements made by them with cetain Gentlemen Iustices of the Peace for the County of Devon Devon who have also provided One thousand pounds more in order to purchase Lands of Inheritance for the good purposes hereafter mentioned Be it Enacted by the Authority aforesaid That the said Two thousand pounds be laid out in purchase of Lands of Inheritance by Order of the General Sessions of the Peace hereafter at any time to be held in the name of such persons as by such Order shall be appointed Item That the said House with the Grounds therewith inclosed be had and used as a Common Gaol and Workhouse for the said County in manner as is after expressed Item That an Overséer be therein placed by like Order and by like Order be removeable from time to time which Overseer shall have the charge custody and government of the Prisoners to him committed according to this Act and shall have Fifty pounds per annum during the execution of his Office and Ten pounds per annum for his Deputy but shall therefore take no fées for receiving delivering or doing any other service relating to the Prisoners from or of any the said Prisoners Item That the said Iustices by like Order from time to time shall and may by approbation of the Ordinary provide and appoint some méet and discréet Minister to read Divine Service according to the Orders of the Church of England unto the Prisoners at least four days in the wéek That is to say on the Lords day each Wednesday and each Friday and Saturday and oftner if the said Iustices shall appoint and to take pains in instructing them each Lords day at the least for which they may allow him Thirty pounds per annum or after that rate the rest of the Profits to be for Repairing the House and towards finding a Stock for to set the Prisoners on work Item That any person charged with such offence onely for which Clergy is allowable if so be he be néedy and indigent and not likely to maintain himself in Gaol may by Warrant of the Iustice or Iustices of the Peace to whom Iurisdiction in that behalf appertaineth be committed to the said Workhouse in order to his Trial and if any person shall be committed to the ordinary Gaol who shall be or become so indigent he may by Warrant of thrée Iustices of Peace whereof one to be of the Quorum be removed from the ordinary Common Gaol to the said House All which Prisoners so committed or removed shall be in the custody of the Overséer and be ordered and demeaned in the said House and conveyed to the Sessions or to the Gaol-delivery by like Warrant way and means as the Prisoners in other Gaols by the Laws and Statutes of this Realm are to be ordered and demeaned And because the said Workhouse is distant from the Ordinary Common Gaol the Prisoners by Order from the Sessions or Gaol-delivery may in order to their Trials be removed to the Common Gaol to be the more ready for their Trials Item That the said Overséer shall give Security for the Stock and be liable to such Regulations and Orders for Accompts and otherwise as the Sessions shall from time to time make for setting the poor Prisoners on work there which shall be obeyed and observed That a convenient Stock be from time to time raised at the Charge of the County Item That the said Iustices of the County in Devon may put in ure all the powers in this Act as other Iustices may in any other County by vertue thereof Saving to the Kings Majesty His Heirs and Successors and to every other person and persons and their Heirs Successors Executors and Administrators all Rights Titles Claims and Demands whatsoever into or out of the said Messuages and Premisses as if this Act had never béen made CAP. V. A former Act concerning Replevins and Avowries to extend to the Principality of Wales and the County Palatines 1. Car. 2. cap. 7. WHereas by an Act of Parliament Entituled An Act for the more speedy and effectual proceeding upon Distresses and Avowries for Rents Provision is made where any Plaintiff shall Nonsuit before Issue joyned in any Suit or Replevin by Plaint or Writ lawfully returned removed or depending in any of the Kings Courts at Westminster Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled That the said Act and all the Powers and Provisions thereby made for causes of Replevins depending in His Majesties Courts of Westminster shall be extended and be of the same force and efficacy in all causes of Replevin which are or shall be depending in His Majesties Court of Common Pleas for the County Palatine of Lancaster Lancaster Wales Chester the Courts of the Great Sessions of His Majesties Principality of Wales the Court of Great Sessions or Assizes for the County Palatine of Chester and the Court of Common Pleas for the County Palatine of Durham as fully and as amply for and during the continuance of the said Act as if the said Courts had been mentioned therein CAP. VI. A Redress of Inconveniencies by want of Proof of the Deceases of Persons beyond the Seas or absenting themselves upon whose Lives Estates do depend VVHereas divers Lords of Mannors and others have used to grant Estates by Copy of Court-Roll for one two or more life or lives according to the Custome of their several Mannors and have also granted Estates by Lease for one or more life or lives or else for years determinable upon one or more life or lives And it hath often happened that such person or persons for whose life or lives such Estates have béen granted have gone beyond the Seas or so absented themselves for many years that the Lessors and Reversioners cannot find out whether such person or persons be alive or dead by reason whereof such Lessors and Reversioners have béen held out of possession of their Tenements for many years after all the lives upon which such Estates depend are dead in regard that the Lessors and Reversioners when they have brought Actions for the recovery of their Tenements have béen put upon it to prove the death of their Tenants when it is almost impossible for them to discover the same For remedy of which mischief so frequently happening to such Lessors or Reversioners Be it Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same Persons beyond the Seas or absenting
of them then present have power to discharge such Fine or Imprisonment if they think fit And for non-payment of the Fine so imposed and not remitted to Imprison the Party offending until payment thereof which said Fines shall be paid to the Clerk of the Chest for the use of the maimed Seamen And that the examination of Witnesses be upon Oath before him or them which they any one or more of them are accordingly impowred to Administer And it is further by Authority aforesaid Enacted That the said Officers and Commissioners or any one or more of them in cases where greater example or punishment is néedful may also bind the person or persons so offending to their good behaviour with or without Securities as occasion shall be Imbezeling of Stores and Ammunition of the Navy And whereas divers of His Majesties Stores and Ammunition pertaining to His Navy and Shipping or Service thereof are imbezelled or filched away It is by the like Authority Enacted That the said Principal Officers and Commissioners or any one or more of them by Warrant under their Hands and Seals have power in like manner to inquire and search for the same in all places as Iustices of Peace may do in case of Felony and punish the Offenders by such Fine and Imprisonment as aforesaid and cause the Goods to be brought in again And if the Offence be of such nature as doth require an higher and severer punishment Then that they any one or more of them may commit such Offender to the next Gaol or to the custody of their Messenger or Messengers aforesaid till he or they offending enter into Recognizance with Surety or Sureties according to the nature of the Offence to appear and answer to the same in His Majesties Court of Exchequer or other Court where His Majesty shall question him or them for the same within one year following on Process duly served for that purpose on such Offender or Offenders And it is Declared and Enacted by the Authority aforesaid That they the said Principal Officers and Commissioners or any one or more of them may put in use the said Powers on the Offenders as aforesaid in all places where they hold an Office for His Majesty as well within Liberties as without Any Law Statute Ordinance Charter or Priviledge to the contrary notwithstanding Encouragement of Mariners and Souldiers serving in the Fleet. And for the better encouraging of such Mariners and Souldiers as now do or shall serve His Majesty in His Fléet or Ships during this War Be it further Enacted by the Authority aforesaid That no Ordinary Register or other Officer belonging to any Ecclesiastical Court or Court of Orphans or any Iurisdiction whatsoever within the Kingdom of England or Dominion of Wales or Town of Berwick shall take or receive of the Executor or Administrator Executors or Administrators of any Mariner or Souldier dying in the pay of His Majesties Navy during this present War above the sum of Twelve pence for the Probate of any Will Registring the same granting Letters of Administration exhibiting any Inventory or for any other matter or thing relating thereunto And for every default herein by wilful delay in the doing granting or executing the Premisses the person or persons so offending shall forfeit to the party grieved the sum of Ten pounds to be recovered by Action of Debt Bill Plaint or Information in any of His Majesties Courts of Record at Westminster or elsewhere wherein no Essoign Priviledge Protection or Wager of Law shall be allowed Any Law or Statute or Vsage to the contrary notwithstanding The Continuance of this Act. This Act to continue for Two years from the First day of February One thousand six hundred sixty and six and from thence to the end of the next Session of Parliament CAP. VIII Twelve hundred fifty six thousand three hundred fourty seven pounds thirteen shillings granted to the Kings Majesty towards the Maintenance of the present War VVE Your Majesties most Dutiful and Loyal Subjects the Commons assembled in Parliament as a further Aid and Assistance of Your Majesty during the present Wars have given and granted and by these presents do give and grant unto Your most Excellent Majesty the sum of Twelve hundred fifty six thousand three hundred fourty seven pounds thirteen shillings to be raised and levied in manner following And we do most humbly beseech Your Majesty that it may be Enacted and be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and of the Commons in this present Parliament assembled and by the Authority of the same That the sum of Twelve hundred fifty six thousand three hundred fourty seven pounds thirteen shillings shall be raised levied and paid unto Your Majesty within the space of eleven Moneths in manner following that is to say Whereas in and by a certain Act of Parliament lately passed Entituled 16 17 Car. 2. cap. 1. An Act for granting a Royal Aid unto the Kings Majesty of Twenty four hundred threescore and seventeen thousand and five hundred pounds to be raised levied and paid in the space of three years It was amongst other things Enacted That the sum of threescore and eight thousand eight hundred and nineteen pounds and nine shillings by the Moneth for thirty six Moneths from the five and twentieth day of December One thousand six hundred sixty four should be assessed taxed collected levied and paid by twelve quarterly payments in the several Counties Cities Boroughs Towns and places within England and Wales and the Town of Berwick upon Tweed according to the several Rates and Proportions and in such manner as in the said Act is expressed And whereas also in and by one other Act of Parliament passed in the Sessions of Parliament lately held at Oxford Entituled 17 Car. 2. c. ◠An Act for granting the sum of Twelve hundred and fifty thousand pounds to the Kings Majesty for his present further Supply It was amongst other things further Enacted That the sum of fifty two thousand fourscore and three pounds six shillings eight pence by the Moneth for twenty four Moneths beginning from the five and twentieth day of December One thousand six hundred sixty and five should be likewise assessed taxed collected levied and paid by eight Quarterly payments in the several Cities Boroughs Towns and places within England and Wales and the Town of Berwick upon Tweed over and above the said sum of threescore and eight thousand eight hundred and nineteen pounds and nine shillings as an addition to and increase of the said Monethly Assessment according to the Rates and Proportions therein expressed Both which sums together amount unto the sum of one hundred and twenty thousand nine hundred and two pounds fifteen shillings eight pence by the Moneth And whereas also in and by one other Act of Parliament passed in the same Sessions Entituled An Act for Granting One
thousand and ninety four pounds fifteen shillings and eleven pence The County of Worcester the sum of one thousand eight hundred fifty one pounds ten shillings and ten pence The City and County of the City of Worcester the sum of ninety seven pounds nine shillings and three farthings The County of Wilts the sum of three thousand four hundred fifty five pounds seven shillings one peny half-peny The County of Westmerland the sum of two hundred and three pounds fifteen shillings eight pence half-peny The Isle of Anglesey the sum of two hundred and twenty pounds fifteen shillings and ten pence The County of Brecknock the sum of four hundred ninety six pounds six shillings six pence The County of Cardigan the sum of one hundred eighty five pounds sixteen shillings and eleven pence three farthings The County of Carmarthen the sum of four hundred and seventy eight pounds ten shillings three pence half-peny The County of Carnarvan the sum of two hundred fifty seven pounds eleven shillings three farthings The County of Denbigh the sum of three hundred ninety two pounds thirteen shillings eight pence half-peny The County of Flint the sum of two hundred and eight pounds sixteen shillings three pence three farthings The County of Glamorgan the sum of six hundred and sixty five pounds fourteen shillings one peny three farthings The County of Merioneth the sum of one hundred seventy seven pounds one shilling nine pence three farthings The County of Mountgomery the sum of four hundred eighty five pounds eighteen shillings eight pence The County of Pembrook the sum of five hundred seventy three pounds eleven shillings seven pence three farthings The County of Radnor the sum of three hundred and six pounds five shillings two pence three farthings The Town of Haverford-West the sum of twenty six pounds and thirteen shillings And be it further Enacted by the Authority aforesaid That all and every the persons who are nominated in and by the said first recited Act and in and by an Act passed this present Session of Parliament Entituled An Act for Raising Money by a Poll and otherwise 18 Car. 1. c. â— towards the Maintenance of the present War to be Commissioners of and for the several and respective Counties Cities Boroughs Towns and Places therein or in either of them mentioned shall likewise be so and so are hereby appointed to be Commissioners for execution of this present Act within the several and respective Counties Cities Boroughs Towns and Places for which they were nominated in the aforesaid Acts or either of them and shall have and execute the like power and authority rules and directions touching the better Assessing Collecting Levying Receiving and Paying the said one hundred and fourteen thousand two hundred and thirteen pounds thirteen shillings half-peny by the moneth during the said eleven moneths as in and by the said first mentioned Act were given to the said Commissioners touching the better Assessing Collecting Receiving and paying the threescore and eight thousand eight hundred and nineteen pounds nine shillings by the moneth payable as aforesaid And all and every person or persons who shall be lyable unto or any ways concerned or imployed in the Assessing Collecting Levying Receiving or paying any of the moneys by this Act imposed shall have like benefit advantages allowances and discharges and shall be subject to like penalties and forfeitures in case of any neglect or refusal to pay their respective Assessments or to perform their respective Duties as any other person or persons lyable unto or concerned or imployed in the assessing collecting levying receiving or paying any of the moneys by the said former Acts imposed ought to have or be subject unto as fully and amply as if the same Clauses matters and things had been in this Act particularly repeated and Enacted To the end that the said eleven Monethly Assessments granted by vertue of this present Act may be duly answered and paid in as aforesaid Be it further Enacted That the several Commissioners shall meet together at the most usual and common place of meeting as in the said first recited Act is directed The meeting of the Commissioners on or before the second Tuesday in February which shall be in the year of our Lord one thousand six hundred sixty seven to put this Act in execution according to the best of their judgments and discretions and shall then if they see cause sub-divide as well themselves as others as by the said Act is further directed concerning the said former Assessment And further That they meet at least three weeks before each payment of the said several Assessments for the purposes aforesaid And that the said payments of one hundred and fourteen thousand two hundred and thirteen pounds eight shillings and five pence half-peny by the Moneth shall be assessed collected levied and paid to the Receiver of the several Counties appointed or that shall be appointed by his Majesty and by them answered and paid into his Majesties Exchequer on the dayes and times hereafter mentioned and expressed Be it Enacted by the Authority aforesaid That the sum of two hundred twenty eight thousand four hundred twenty six pounds sixteen shillings and eleven pence being the first payment for the first two Moneths of the aforesaid eleven Moneths hereby imposed shall be assessed collected levied and paid in to the said Receiver-General of the said several Counties who shall be appointed by his Majesty and who are hereby required to transmit or cause the same to be paid into his Majesties Receipt of his Exchequer on or before the first day of May in the year of our Lord one thousand six hundred sixty and eight And the sum of three hundred forty two thousand six hundred and forty pounds five shillings four pence half-peny being the second payment of the said eleven Moneths on or before the first day of August in the year of our Lord one thousand six hundred sixty and eight And the sum of three hundred forty two thousand six hundred and forty pounds five shillings four pence half-peny being the third payment of the said eleven Moneths on or before the first day of November in the year of our Lord one thousand six hundred sixty and eight And the sum of three hundred forty two thousand six hundred and forty pounds five shillings four pence half-peny being the fourth and last payment of the said eleven Moneths on or before the first day of February in the year of our Lord one thousand six hundred sixty and eight Moneys lent upon this Act secured And to the intent that all moneys to be lent to your Majesty and the moneys that shall be due upon such contracts for Wares Ships Goods or Victuals or other necessaries which shall be delivered for your Majesties Service upon the Credit of this Act by any person or persons native or foreigner Bodies Politick or Corporate may be well and sufficiently secured out of the Moneys arising and payable
their respective Deputies and Clerks herein offending be lyable to such Action Debt Damages and Costs in such manner as aforesaid Provided always and it is hereby declared That if it happen that several Tallies of Loan or Certificates for Wares delivered or Orders for Payments from his Majesty as aforesaid bear date or be brought the same day to the Auditor of the Exchequer to be Registred then it shall be interpreted no undue preference which of these he enters so he enter them all the same day Provided also That it shall not be interpreted any undue preference to incur any penalty in point of payment if the Auditor direct and the Clerk of the Pells Record and the Teller do pay subsequent Orders of persons that come to demand their money and bring their Orders before other persons that did not come to demand their money and bring their Orders in their course so as there be so much money reserved as will satisfy their Orders which shall not be otherwise disposed but kept for them Interest upon Loan being to cease from the time the money is so reserved and kept in Bank for them And be it further Enacted by the Authority aforesaid That every person or persons to whom any money shall be due by vertue of this Act after Warrant or Order entred for payment thereof his Executors Administrators or Assigns by Indorsement of his Order or Warrant may assign and transfer his interest and benefit of such Warrant to any other which being notified and an Entry and Memorial thereof also made in the said Registry for Warrants which the Officer shall on request without Fees or Charge accordingly make shall entitle such an Assignée his Executors Administrators and Assigns to the benefit thereof and payment thereon And such Assignée may in like manner assign again and so Toties quoties And afterwards it shall not be in the power of such person or persons who have made such Assignments to make void release or discharge the same or the moneys thereby due or any part thereof Provided always and be it further Enacted by the Authority aforesaid That the sum of three hundred and eighty thousand pounds shall be charged and registred in the Book of Register appointed by this Act to be kept in the Office of the Auditor of the Receipt of the Exchequer to be paid to the Treasurer of the Navy for the time being out of the money payable for the last ten moneths of the eleven moneths Assessment granted by this Act for the Salaries and Wages of such Officers Seamen Mariners and Souldiers as are or shall be imployed aboard your Majesties Navy for this present Winter beginning at the first day of January one thousand six hundred sixty six and aboard your Majesties Navy for the Summer in the year of our Lord one thousand six hundred sixty seven The said three hundred and eighty thousand pounds to be charged and registred as aforesaid in manner and form following that is to say When Orders shall be first registred for one hundred thousand pounds for the Service of the War to be paid out of the money arising upon the said ten moneths in course as is by this Act directed and prescribed That then and immediately after one or more Orders shall be registred for the payment of two hundred thousand pounds part of the three hundred and eighty thousand pounds above mentioned to the Treasurer of the Navy to be by him imployed for the paying of the Wages of Officers Mariners Seamen and Souldiers as is above mentioned And when Orders shall be registred for one hundred thousand pounds more for the Service of the War upon the said ten moneths then and immediately after one or more Orders shall be registred for the sum of one hundred thousand pounds more in further part of the three hundred and eighty thousand pounds above mentioned And when Orders shall be registred for one hundred thousand pounds more for the Service of the War then and immediately after one or more Orders shall be registred for the sum of eighty thousand pounds in full of the three hundred and eighty thousand pounds above mentioned Which said sums of two hundred thousand pounds one hundred thousand pounds and eighty thousand pounds shall be paid in course as they stand registred according to the rules and directions and under the penalties upon the Officers of the Exchequer their Deputies and Clerks prescribed and contained in the Proviso of this Act for Registring and paying in course And it is hereby further Enacted That if the Treasurer of the Navy do divert or imploy the said three hundred and eighty thousand pounds or any part thereof to any use or service whatsoever other then for the payment of the Salaries and Wages of such Officers Seamen Mariners and Souldiers as shall be imployed aboard your Majesties Navy as aforesaid until the said Wages and Salaries shall be fully and entirely paid and discharged That then and in such case he shall forfeit treble the value of the money diverted or imployed contrary to the intent and meaning hereof to be recovered in any of his Majesties Courts at Westminster by Action of Debt Bill Plaint or Information wherein no Essoin Protection Wager of Law Aid Prayer Priviledg Injunction or Order of Restraint shall be in any wise granted or allowed nor any more then one Imparlance One moyety whereof to be to such person as shall sue for the same and the other moyety to your Majesty your Heirs and Successors Provided always and be it Enacted by the Authority aforesaid That whatever moneys shall be wanting or fall short of the twelve hundred and fifty thousand pounds granted by an Act of this present Parliament Entituled An Act for granting the sum of Twelve hundred and fifty thousand pounds to the Kings Majesty for his present further Supply towards the paying in course the several sums of money registred for the Service of the present War according to the Power and Direction of the said Act shall be supplied and paid out of the first moneys granted by this Act and payable for and in the first moneth therein mentioned and granted Any thing in this Act to the contrary in any wise notwithstanding And be it further Enacted by the Authority aforesaid That the Treasurer of his Majesties Navy for himself his Deputies and Clerks shall receive and retain only the sum of one peny in the pound and no more And the Lieutenant or Treasurer of his Majesties Ordnance for himself and his Clerk shall likewise receive and retain onely one peny in the pound and no more out of all the moneys raised borrowed and paid unto and issued out by either of them to any person or persons by vertue and in pursuance of this Act to be allowed in their respective Accounts thereof Provided always and be it Enacted by the Authority aforesaid That if any person being a Receiver of moneys due upon any former Act of this present
Parliament not having accounted for all the moneys by him received and to be accounted for upon such Act or Acts before Christmas one thousand six hundred sixty seven shall be appointed Receiver for any the moneys due by this Act and shall intermeddle therein every such person shall forfeit the sum of five hundred pounds to be recovered by any person or persons that will sue for the same in any of his Majesties Courts of Record by Action of Debt Bill Plaint or other Information wherein no Essoin Protection Wager of Law Aid Prayer Priviledg Injunction or Order of restraint shall be in any wise prayed granted or allowed nor any more then one Imparlance And be it Enacted by the Authority aforesaid That where any money shall by vertue of this Act be assessed upon any Inhabitants or place being within any Castle Fort or Garrison if such money so assessed be not paid within twenty dayes after such Assessment That then the Commissioners for such places shall make Certificate thereof unto the Barons of the Exchequer who shall cause such Proceedings to be had for the recovery thereof as for any other Debt due to his Majesty Provided always and be it Enacted by the Authority aforesaid That in case any part of the moneys which shall be raised by vertue of this Act or any other Act or Acts of this present Parliament shall be assigned or issued for and towards the Victualling of his Majesties Navy the same shall be subject to no charge nor shall any manner of Fee or deduction be taken or made out of the same to any other Officer or person whatsoever save only the usual Fees in such cases due and payable to the Tellers and other his Majesties Officers of the Exchequer And be it further Enacted by the Authority aforesaid That no Letters Patents granted by the Kings Majesty or any of his Royal Progenitors or to be granted by his Majesty to any person or persons Cities Boroughs or Towns Corporate within this Realm of any manner of Liberties Priviledges or Exemptions from Subsidies Tolls Taxes Assessments or Aids shall be construed or taken to exempt any person or persons City Borough or Town Corporate or any the Inhabitants of the same from the burthen and charge of any sum or sums of money granted by this Act or any other Act of this Parliament now in force to the aid and supply of his Majesty in the present War And all Non obstantes in any such Letters Patents made or to be made in bar of any Act or Acts of Parliament for the Supply or Assistance of his Majesty are hereby declared to be void and of none effect any such Letters Patents Grants or Charters or any Clause of Non obstante or other matter or thing therein contained or any Law or Statute to the contrary notwithstanding FINIS A TABLE of the Principal Matters of the several Statutes contained in this Book Accompt and Accomptants 1 ALL Moneys and Goods for which any persons are accomptable not pardoned by the Act of Oblivion are Vested in the King 13 Car. 2. 3. See Excise and Collectors 2. Accompts of Sheriffs 14 Car. 2. 21. Administrators 1 Administrators de bonis non c. may sue Executions upon Judgment obtained by the Testator 17 Car. 2. 8. 2 Administrators and Executors of Sea-men shall pay but 12 d. for their Administration 19 C r. 2. 7. Advowsons See Rectories Ale-houses 1 Foreigners as well as Inhabitants may not tipple in Ale-houses Inns Taverns nor Victualling-houses 1 Car. 1. 4. 2 The penalty and punishment of any that keep an Ale-house or sell Beer Cyder or Perry without Licence 2 Car. 1. 3. Alienation 1 How persons may be eased in pleading Licences of Alienation 1 Câ—r 1. 3. Aliens See Merchants Anniversary 1 A perpetual Anniversary Thanksgiving on the 29th day of May for his Majesties Happy Restauration 12 Car. 2. 14. 2 A perpetual Anniversary Fast on the 30th of Jan. for the Murder of the late King 12 Car. 2. 30. Arrest 1 Persons arrested by Process out of the Kings-Bench or Common Pleas not expressing the cause of Action shall be bailed and set at liberty upon their own Bond for appearance 13 Car. 2. 2. Stat. 2. 2 Bonds given upon Arrests shall be discharged upon appearance Ibidem 3 Arrests upon Capias Utlagaâ— Attachments upon Rescous Contempt and upon Priviledg Excepted Ibidem Attainder 1 The Attainder of several persons for the Murther of his Sacred Majesty King Charles the First 12 Car. 2. 30. 2 The Attainder of the Earl of Strafford reversed 14 Car. 2. 29. 3 Thomas Dolman Joseph Bampfield and Thomas Scott Attainted of Treason if they render not themselves by a day 17 Car. 2. 5. Bankrupts 1 A Further Declaration who shall be esteemed Bankrupts 14 Car. 2. 24. 2 Persons for putting money into the East-India Stock or Guiney Company or Fishing Trade shall not be within the Statute of Bankrupts Ibidem Bays 1 Bays making in Colchester regulated PR 12 Car. 2 22. Benevolence 1 Commissions of that nature not to issue but by Authority of Parliament 13 Car. 2. 14. Books 1 The manner of Licensing all manner of Books and penalty for Printing unlicensed Books and Seditious Pamphlets 14 Car. 2. 33. Bone-Lace See Manufactures Bandstrings See Manufactures Buttons See Manufactures Bromfeild and Yale 1 A Confirmation of divers Estates there in the County of Denbigh 3 Car. 1. 6. Burials 1 All dead persons shall be buried in Woollen onely 1â— Car. 2. 4. Butter 1 How Butter shall be packed and the contents of a Firkin of Butter 14 Car. 2. 26. Cardwire 1 THe Importing foreign Wooll-Cards Card-wire and Iron-wire prohibited 14 Car. 2. 19. Carriages 1 How necessary Carriages shall be provided for the King in his Royal Progresses and Removals 13 Car. 2. 8. 2 How Carriages shall be provided for the Navy see Ships and Shipping Cattell 1 The Penalty for Importing Foreign Cattel at certain times of the year 15 Car. 2. 7. 2 Proviso for Importing Cattel from the Isle of Man ibid. 3 Penalty upon Butchers that shall sell live fat Cattel 15 Car. 2. 8. 4 Cattel may not be Imported from Ireland or other Parts beyond the Seas nor Fish taken by Foreiners 1â— Car. 2. 2. See Nâ—sanâ—e Clerk of the Market 1 Grievances by Clerks of the Market and inequality of Weights and Measures 17 Car. 1. 19. 2 Mayors Head-Officers and Lords of Liberties have power as Clerks of the Market ibid. 3 The penalty of taking any unlawful Fine or Fee by any Clerk of the Market ibid. 4 Water measure in Maritime Towns and others shall be continued as formerly ibid. Cloath 1 A Corporation erected and how Woollen Cloath shall be made in the West Riding in Yorkshire 14 Car. 2. 32. See Bays Coaches 1 The ordering and regulating the number and prices of Hackney-Coaches and who onely may be permitted to keep them about London 13 Car. 2. 2. Stat. 3. Coals 1 The Regulation of the
17 Car. 2. 6. Prisoners 1 How stocks shall be provided for relief and setting prisoners on Work 19 Car. 2. 4. 2 How to be removed in time of Plague 19 Car. 2. 9â— Privy Council 1 The Privy Council regulated and Court of Star-Chamber taken away 17 Car. 1. 10. 2. May not examine or determine of the Lands Tenements or Goods of any Subject of this Kingdom but the same ought to be by the ordinary course of the Law 17 Car. 2. 10. 3. How persons committed by the Privy Councel may have their Habeas Corpus ibid. Proces and Judicial Proceedings 1. What Proces Writs Pleas and other judicial Proceedings shall be continued and proceeded upon 12 Car. 2. 3. 2. What proceedings in Law shall not be avoided for defects faults or alterations of Styles or Forms 12 Car. 2. 12. See Judicial Proceedings Purveyance 1. Preemption and Purveyance taken away 12 Car. 2.24 See Carriages Quakers 1 The penalty upon certain persons called Quakers refusing to take a lawful Oath 13 Car. 2. 1 Stat. 3. Recoveries 1 Common Recoveries Confirmed 12 Car. 2. 12. See Judicial proceedings Rectories and Advowsons taken from certain persons upon pretended delinquencies in the late troubles restored to the right owners 14 Car. 2. 25. Recusants 1 The penalty of sending or being sent to any Popish University or School beyond Seas 3 Car. 1. 2. Replevins See Distresses Rivers 1 The River of Avon to be made Navigable from Christ-Church to the City of new Sarum 16 and 17 Car. 2. 12. Ryots and unlawful assemblies See Petition Sabbath 1. ASsemblies and unlawful Pastimes upon the Lords-day forbidden 1 Car. 1. 1. 2. Carriers Waggoners Brewers shall not travel upon the Lords-day called Sunday 3 Car. 1. 1. 3. Butchers shall not â—ell or kill Meat upon the Lords-day 3 Car. 1.1 4. A restraint of divers other Abuses committed on the Lords-day 3 Car. 1. 1. Saltpeter See Gunpowder Scotland 1. The prevention and punishment of Thefts and Rapines by Moss Troopers upon the borders of England and Scotland 14 Car. 2. 22. Scrivener See Usury Sea-coals See Coals Sewers 1. A supply of the Statute of H. 8. for present nominating Commissioners of the Sewers 12 Car. 2. 6. Sheep See Wooll c. Sheriffs 1. Sheriff may not keep Tables at the Assizes for others then their own Family and Retinue nor make any Present or Gift to any Judges of Assize 14 Car. 2. 21. 2. How Sheriffs shall be eased in passing their Accounts in the Exchequer 14 Car. 2. 21. 3. Shall not answer illeviable Seisures Farms Rents c. Ibidem Ships and Shipping 1. From what foreign parts Goods may be imported onely in English Ships 12 Car. 2. 18. 2. No Goods to be laded or carried out of England in the the Vessels of any other not Denizen'd 12 Car. 2. 18. 3. Encouragement of the Shipping and Trading by the English into their Plantations of Asia Africa and America 12 Car. 2. 18. 15 Car. 2. 7. 4. Articles and Orders for better government of his Majesty's Navies Ships of War and Forces by Sea 13 Car. 2. 9. 5. How provision of carriage by Land and Water shall be made for the use of the Navy and Ordnance 14 Car. 2. 20. 6. The Penalty for imbezelling of Stores and Ammunition belonging to his Majesty's Navy-Royal 16 Car. 2. 5. 19 Car. 2. 7. 7. Who may punish Disturbances by Sea-men and others relating to the Navy-Royal 16 Car. 2. 5. 19 Car. 2. 7. 8. The penalty for delivering up English Merchant-ships to Turks or Pyrats 16 Car. 2. 6. 9. Builders of new Ships encouraged 14 Car. 2. 11. Ship-money 1. Certain proceedings touching Ship-money declared illegal and the Records thereof made void 17 Car. 1. 4. Silk and Silkthrowers See Manufactures Souldiers and Seamen 1. Such Souldiers as were instrumental in his Majesty's Restauration may exercise Trades 12 Car. 2. 16. Such as deserted the Kings Service or refuse to take the Oath of Allegiance excepted Ibid. 2. The Militia and ordering and disposing of the Forces and Souldiers by Sea and Land declared to be onely in the King 13 Car. â— 6. 14 Car. â— 3. See Ships and Shipping 3. How the Forces in the several Counties of this Kingdom shall be ordered 14 Car. 2. 3. 15 Car. 2. 4. 4. Relief of poor and maimed Souldiers who faithfully served his Majesty and his Royal Father in the late Wars 14 Car. 2. 9. Stannaries 1. Certain Inchroachments and Oppressions in the Stannary Court redressed 17 Car. 1. 15. Star-Chamber 1. The Court of Star-chamber taken away 17 Car. 1.10 2. All matters examinable in Star-chamber may be examined and redressed by the Common Law 17 Car. 1.10 3. No Court or Councel to be erected may have the like Jurisdiction 17 Car. 1. 10. Statutes 1. All Acts that are upon continuance shall remain in force till otherwise ordered by Parliament 17 Car. 1. 4. 2. A Repeal of some and continuance of divers other Statutes 3 Car. 1. 4. 3. Divers publick Acts made 12 Car. 2. confirmed 13 Car. 2. 7. and cap. 11. 14. Statute-staple See Extent Stuffs 1. The regulating of making of Stuffs in Norfolk and Norwich See Norwich Subsidy 1. A Subsidy and Royal Aid granted to his Majesty by a Monethly Assesment leviable in three years 16 17 Car. 2. 1. 2. A further supply 17 Car. 2. 1. 3. One Moneths Assesment granted to the King for his Royal Highness the Duke of York 17 Car. 2. 9. 4. See Excise Tunnage and Poundage Hearth-money Poll-money Benevolence 5. A further supply by a Monethly Assesment granted to his Majesty for eleven Moneths 19 Car. 2. 8. Suits See Arrests and Delays TApistry See Manufactures Terâ— 1 Michaelmas Term abbreviated and the manner of Continuances and Returnâ— of Writs 17 Car. 1. 6. Tobacco 1 The planting setting or sowing of Tobacco in England prohibited under several penalties 12 Car. 2. 34. 2 Certain further penalties for planting Tobacco in England 15 Car. 2. 7. Treason 1 What shall be adjudged Treason during his Majesties life 13 Car. 2. 1. 2 Offences disabling persons to bear any Office during the Kings life 13 Car. 2. 1. 3 Offences which incur a Praemunire ibid. See Attainder Tumults See Petitions and Riots Tunnage and Poundage 1 The Causes and Trusts upon granting Tunnage and Poundage for defending the Seas 12 Car. 2. 4. 2 To be paid according to the Book of Rates agreed by the Commons House of Parliament for ascertaining the same ibid. 3 What Fees the Custom-Officers may take ibid. 4 Prisage of Wines not to pay the said Duty ibid. 5 The penalty for committing frauds and abuses about the Customs 14 Car. 2. 11. Vestry 1 HOw Vestry-men shall be Elected and the Oath they are to take 15 Car. 2. 5. Uniting of Parishes See Corporations Usury 1 The penalty upon him that shall take above Six in the Hundred for the Loan of One hundred pounds for a year 12 Car. 2. 13. 2 The forfeiture of a Scrivener that shall take excessive Brocage Ibid. Uniformity See Ecclesiastical Matters c. Wales 1 JUry-men in Wales must be worth 8 l. per annum 16 17 Car. 2. 3. 2. The Statute concerning Replevins and Avowries upon Distresses shall extend to Wales 19 Car. 2. 5. Wards and Wardships 1 The Court of Wards and Liveries and Tenures in Capite and Knights Service and Purveyance taken away 12 Car. 2. cap. 24. And the Imposition upon Ale and Beer and other Liquors granted to the King his Heirs and Successors ibid. Weavers 1 Linnen Weavers may set up the Trade in any places where they please 15 Car. 2. 15. Weights and Measures 1 There shall be but one Weight and Measure throughout the Kingdom 17 Car. 1. 19. Wines 1 The King may issue Commission to licence the uttering of Wines by Retail 12 Car. 2.25 2 The Agents for granting Wine-Licences may grant them not exceeding 21 years if the person so long live upon Rent reserved but no Fine to be taken ibid. 3 How and by whom the prices of Wines shall be set 12 Car. 2. 25. 4 The Power of granting Wine-Licences setled upon the Duke of York in tail 15 Car. 2. 14. Wood. 1 The penalty for unlawful cutting spoyling and stealing of Wood and Under-wood young Timber Trees Poles c. 15 Car. 2. 2. Wooll Woolf ls c. 1 The Exportation of Wooll Woollfels Fullers Earth or any kind of scowring prohibited under several penalties 12 Car. 2. 32. 2 Exporting of Sheep Wooll Woolfels Mortlings Shorelings Yarn of Wooll Wooll-Flocks Fullers Earth Fulling Clay Tobacco-Pipe clay prohibited upon certain penalties 14 Car. 2. 18. 3 Importing of Forein Wooll-Cards Card-wire and Iron-wire prohibited 14 Car. 2. 19. Yarn See Wooll c. FINIS
and fifty pounds or any part thereof by him advanced upon the Credit of several Orders of this present Parliament and by them charged on the receipt of the Grand Excise that is to say the sum of Five thousand pounds payable to his Majesties Surveyor-General for the repair of his Majesties houses charged by vertue of an Order of the sixth of September 1660. with Interest for the same the sum of ten thousand pounds advanced to her Highness the Princes Royal being charged with Interest by an Order of the 13th of September 1660. the sum of ten thousand pounds payable to her Majesty the Quéen of Bohemia being charged together with Interest by an Order of the 13th of September 1660. the sum of thrée thousand four hundred and fifty pounds payable for Provisions for Dunkirk by Order of the 26th of November 1660. which sum of twenty eight thousand four hundred and fifty pounds together with Interest for the same according to the tenor of the said Orders after the rate of six per Cent. shall be paid to the said Edward Backwell or his Assigns out of the Grand Excise and the Arrears thereof in course as is by the said Orders appointed and in case the same shall fall short in payment by the Twenty fifth of December One thousand six hundred and sixty that then the remainder shall continue secured to him out of the whole Excise in course as aforesaid and that no other payments be made out of the Excise but what is appointed by this present Parliament in course to precede the same untill the said debt due to the said Edward Backwell be satisfied and that in case any part of the monies due to Alderman Backwell be paid out of that part of the Excise which shall grow due to the Kings Majesty that then his Majesty shall be reimbursed the same out of the first monies that shall come in of the Arrears of Excise that will be due the said twenty fifth of December Stat. 13 Car. 2. cap. 7. CAP. XXV The Selling of Wines by Retail and for preventing Abuses in the Mingling and Corrupting of Wines and for setting the Prices thereof FOR the better Ordering of Selling of Wines by Retail in Taverns and other places and for the preventing of Abuses therein Be it Enacted by the Kings most Excellent Majesty by and with the consent of the Lords and Commons in Parliament Assembled and by the Authority of the same That no person or persons whatsoever from and after the Five and twentieth day of March one thousand six hundred sixty one unless he or they be authorized and enabled in manner and form as in this present Act is prescribed and appointed shall sell or utter by retail that is by the Pint Quart Pottle or Gallon or by any other greater or lesser retail measure any kind of Wine or Wines to be drunk or spent within his or their Mansion-houses or houses or such other place in his or their tenure or occupation or without such Mansion-house or houses or such other place in his or their tenure or occupation by any colour craft or mean whatsoever The penalty of unlawful uttering wine by retail upon pain to forfeit for every such offence the sum of five pounds the one moyety of every such penalty to be to our Soveraign Lord the King the other moyety to him or them that will sue for the same by Action of Debt Bill Plaint or Information in any of the Kings Courts of Record in which Action or Suit no Essoign Wager of Law or Protection shall be allowed And be it further Enacted by the Authority aforesaid That it shall and may be lawful to and for his Majesty his Heirs and Successors from time to time His Majesty may issue out Commissions to license the uttering wine to issue out under His or their Great Seal of England one or more Commission or Commissions directed to two or more persons thereby Authorizing them to License and give Authority to such person or persons as they shall think fit to sell and utter by retail all and every or any kind of Wine or Wines whatsoever to be drunk and spent as well within the house or houses or other place in the tenure or occupation of the party so Licensed as without in any City Town or other place within the Kingdom of England Dominion of Wales and Town and Port of Berwick upon Tweed and such persons as from time to time or at any time hereafter shall be by such Commission or Commissions as aforesaid in that behalf appointed shall have power and authority and hereby have power and authority to treat and contract for License authority and dispensations to be given and granted to any person or persons for the selling and uttering of Wines by retail in any City Town or other place as aforesaid according to the rules and directions of this present Act and the true intent and meaning thereof and not otherwise any Law Statute Vsage or Custome to the contrary in any wise notwithstanding And be it further Enacted by the authority aforesaid His Majesties Agents for granting wine Licenses may grant Licenses not exceeding 21 years if the person so long live Rent reserved but no â—ine to be taken That such persons as shall be Commissioned and appointed by his Majesty his Heirs or Successors as aforesaid shall be and be called His Majesties Agents for granting Licenses for the selling and uttering of Wine by retail And his Majesties said Agents are hereby authorized and enabled under their Seal of Office the same to be appointed by his Majesty to grant Licence for the selling and uttering of Wines by retail to any person or persons and for any time or term not excéeding 21 years if such person and persons shall so long live and for such yearly rent as they can or shall agrée and think fit so as no Fine be taken for the same But that the rent and sums of money agréed upon and reserved be paid and answered half yearly by equal portions during the whole Term. Licenses only to such as personally use the Trade And be it further Enacted by the Authority aforesaid That such Licence shall not be given or granted but to such who shall personally use the Trade of selling or uttering of Wines by retail or to the Landlord and owner of the house where the person using such Trade shall sell and utter Wine by retail Wine Licenses not assignable The King may appoint Officers as he shall think fit nor shall the same be assignable nor in any wise beneficial or extensive to indemnify any person against the penalties of this present Act except the first taker And be it further Enacted by the Authority aforesaid That it shall and may be lawful to and for his Majesty His Heirs and Successors to constitute and appoint such and so many other Officers and Ministers as a Receiver Register Clerk Controller Messenger
in Parliament in the Twelfth year of His Majesties Reign Entituled An Act for taking away the Court of Wards and Liveries and Tenures in Capite and by Knights Service and Purveyance and for setling a Revenue upon His Majesty in lieu thereof It was amongst other Things Enacted for the Reasons and Recompence therein expressed That from thenceforth no person or persons by any Warrant Commission or Authority under the Great Seal or otherwise by colour of buying or making Provision or Purveyance for his Majesty or any Quéen of England for the time being or of any the Children of any King or Quéen of England that shall be or for his their or any of their Houshold shall take any Cart Carriage or other thing whatsoever of any of the Subjects of His Majesty his Heirs or Successors without the frée and full consent of the Owner or Owners thereof had and obtained without Menace or enforcement nor shall summon warn take use or require any the said Subjects to furnish or find any Horses Oxen or other Cattel Carts Ploughs Wayns or other Carriages for the use of his Majesty his Heirs or Successors or of any Quéen of England or of any Child or Children of any the Kings or Quéens of England for the time being for the Carrying the Goods of his Majesty his Heirs or Successors or the said Quéens or Children or any of them without such full and frée consent as aforesaid any Law Statute Custome or Vsage to the contrary notwithstanding which Act may prove very prejudicial and inconvenient to the Kings Majesty in his Royal Progresses upon his necessary occasions to several parts of this Realm in case any person or persons shall obstinately refuse voluntarily to provide sufficient Carriages for Royal service at ordinary and usual Rates for such Carriages as are paid by others of his Subjects in such places contrary to the true intent and meaning of the said Act. Clerk or chief Officer of his Majâ—sties carriages by Warrant from the Green-cloath to provide Carts c. for his Majesties use Be it therefore Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords and Commons in this present Parliament assembled That the Clark or chief Officer of his Majesties Carriages shall thrée dayes at least before his Majesties Arrival by Warrant from the Gréen cloth give notice in writing to two or more of his Majesties Iustices of the Peace next adjoyning to provide such a number of Carts and Carriages from the places next adjacent as His Majesty shall have present use of expressing the certainty of that number as also the time and place when and where the said Carts and Carriages are to attend which Carriages shall consist of four able Horses or six Oxen or four Oxen and two Horses for each of which Cart or Carriage Penalty for refusing to furnish his Majesty the respective Owners shall receive six pence for each Mile they shall go laden And that in case any of his Majesties Subjects of this Realm shall refuse to provide and furnish His Majesty that now is or His Quéen that shall be or His or Her Houshold in their Progress or removals with such sufficient and necessary carriages for their Wardrobe and other necessaries for ready monies tendred to them or shall without just and reasonable cause refuse to make their appearance with such sufficient Carts and Carrâ—â—ges as are before exprest that then upon due proof and conviction of such neglect and refusal by the Oath of the Constable or other Officer or two other credible Witnesses before the said Iustices of the Peace of the County or Mayor or other chief Officer of the City or Corporation where he or they inhabit which Oath they shall have power to administer the party so refusing shall for such his refusal and neglect forfeit the sum of Forty shillings to the King's use to be forthwith levied by distress and sale of his Goods and Chattels rendring to the parties the overplus upon every such sale if there shall be any by Warrant from the said Iustices of the Peace Mayor or other chief Officer Provided alwayes That no Horses Oxen Cart or Wain No horses or carriages to travel above a dayes journey nor without pay of ready money shall be enforced to travel above one dayes journey from the place where they receive their Lading and that ready payment shall be made in hand for the said Carriages at the place of Lading without delay according to the aforesaid Rates And in case any Iustice of the Peace Mayor chief Officer or Constable shall take any Gift or Reward to spare any person or persons from making such Carriage or shall injuriously charge or grieve any person through envy hatred or evill will who ought not to make such Carriage or shall Impress more Carriages then he shall be directed from the Gréen Cloth to do That then upon due proof and conviction thereof the party so offending shall forfeit the sum of Ten pounds to the party thereby grieved or any other who shall sue for the same to be recovered by Action of Debt in any of his Majesties Courts of Record wherein no Protection Essoin Penalty for wrongfull charging any person or Wager of Law shall be allowed And in case any person or persons shall presume to take upon him or them to Impress any horses Oxen cart wain or carriages for his Majesties service other then the person so impowered then he or they so offending shall upon due conviction of the said offence incur and suffer the punishment contained in the first recited Act. And whereas of late in his Majesties Progresses excessive Rates and Prices have béen exacted from his Maiesties servants for lodging horse-meat stable-room and other accomodations Rates for horse-meat and diet for his Majesties Servants Be it therefore Enacted by the Authority aforesaid That none of his Majesties said Servants shall be compelled to pay above one shilling by the night for every bed that they shall use for their servants And that in all such houses where any of his Majesties said servants shall pay for their dyet or for hay and provender for their horses convenient lodging shall be provided for themselves and their Servants without paying any thing for the same And be it further Enacted by the Authority aforesaid Rates Prices to be set down by two Iustices of the Peace that any two or more of the Iustices of the Peace near adjoyning to the Road through which his Majesty is to pass shall immediately after notice in writing from the said Gréen Cloth and Avenor under their hands and seals set down and appoint such reasonable Rates and Prices to be paid during his Majesties abode there both for hay oats and other accomodations for horses as they in their discretion shall think méet which Rates one day at the least before his Majesties coming to such place the said Iustices
have a Mayor and Aldermen and particular Iustices of the Peace by Charter or Commission or Bayliff or Bayliffs or other Chief Officer or Officers and other Assistants by like Charter and where two or more Churches or Chappels or a Church a Chappel the Parishes thereunto belonging do lie within the said Corporation or Liberties thereof convenient to be united In such cases the Bishop of the Diocese where such Parish and Parishes are with the consent of the Mayor Aldermen and Iustices of the Peace Bayliff or Bayliffs or other Chief Officer or Officers or the major part of them and of the Patron or Patrons of such Church or Churches Chappel or Chappels shall or may according to due form of Law unite the said Churches or Chappels or Church and Chappel or any of them and shall appoint at which Church or Chappel Churches or Chappels the said Parishioners and Inhabitants of the said Parishes or places to which the said Churches or Chappels or Church and Chappel do belong shall usually méet for the worship of God and which of the said Churches or Chappels or Church or Chappel shall be united and annexed unto the other which shall be the Church Presentative unto which all Presentations shall thereafter be only made unto which the Parishioners shal resort as their proper Church And after such Order made the said Churches or Chappels or Church and Chappel shall accordingly for ever stand united And the Parishioners Landholders and Inhabitants of the said Parishes and places belonging to such Churches or Chappels or Church and Chappel so united and annexed shall as they or any of them become void and from thenceforward pay all such Tythes and other Duties as belong or did belong to the Incumbent of any of the said Churches or Chappels or Church and Chappel so united and annexed unto the Incumbent of the said Presentative Church or Chappel unto which the said other Churches or Chappels or Church or Chappel shall be so united and annexed Parishes shall remain distinct notwithstanding such Vnion of Churches And it is hereby also Enacted That notwithstanding any such Vnion to be made by vertue hereof each of the Parishes so united shall continue distinct as to all Rates Taxes Parochial Rites Charges and Duties and all other Priviledges Liberties and respects whatsoever other then what is herein before mentioned and specified And Churchwardens shall be elected and appointed for each Parish as they were before such union made How and when such Vniting shall take effect And it is further Enacted and Provided That where one or more of the said Churches or Chappels or Church and Chappel so united and annexed shall be full at the time of making such Vnion That then the said Vnion shall take effect for every such Church or Chappel And how severall Patrons shall present upon the first Avoidance after such Vnion made And that the several Patrons of the said Churches and Chappels so Vnited shall and may present by turns to that Church onely which shall remain and be presentative from time to time in such order as the said Bishop with the consent of the said Mayor Aldermen and Iustices of Peace Bayliff or Bayliffs or other chief Officer or Officers within such Parishes or the major part of them and of the Patron or Patrons of such Church or Churches Chappel or Chappels shall determine and decrée for the preservation of their respective Rights therein respect being therein had to the difference of the values of the yearly Maintenance belonging to such Churches or Chappels or any of them Saving unto the Kings Majesty His Heirs and Successors all the Tenths and First-Fruits of all such Churches and Chappels so to be Vnited according to the rates and valuations at which the said Churches and Chappels are Rated and Valued in the Office of First-Fruits and Tenths in His Majesties Court of Exchequer And also reserving all Procurations and Pensions to all persons to whom they are now and have béen formerly or shal be hereafter due and payable Any thing herein contained notwithstanding How Vnions must be registred Provided always That no Vnion of Parishes or places to be made by vertue of this Act shall commence or be effectual in Law until it be Registred in the Register Book of the Bishop of the Diocese which the Register is hereby required to do Parishes having 10 l. maintenance may not be Vnited Provided always That no Vnion made by vertue hereof shall be good and effectual where the setled Maintenance belonging to the Parsons Vicars and Incumbents of the Church or Chappel or Churches or Chappels so Vnited shall excéed the sum of One hundred pounds per annum cléer and above all Charges and Reprises unless the respective Parishioners or the major part of them under their hands desire otherwise Incumbents oâ— sâ—ch Vnited Pâ—â— shes must be graduates of the Vniversity Provided always And be it Enacted That every Minister setled as aforesaid the Incumbent of any Church or Chappel or Churches or Chappels united according to this Act shall be the full and lawful Incumbent thereof to all intents and purposes so as such Minister be a Graduate in one of the Vniversities of this Kingdom Owners of Impropriations may bestow and annex mâ—intenance to the Churches where they lie And be it further Enacted by the Authority aforesaid That every Owner or Proprietor Owners or Proprietors of any Impropriation Tythes or Portion of Tythes in any Parish or Chappelry within the Kingdom of England or Dominion of Wales is are and shall be by vertue of this Act inabled and impowred to give or bestow unite and annex the same or any part thereof unto the Parsonage or Vicarage of the said Parish Church or Chappel where the same do lie or arise or settle the same in Trust for the benefit of the said Parsonage or Vicarage or of the Curate and Curates there successively where the Parsonage is Impropriate and no Vicar indowed according to his or their respective Estates Without license of Mortmain without any License of Mortmain Any Law or Statute to the contrary notwithstanding Parsons and Vicars not having setled means of 100 l. per annum may purchase and annex lands or rents without license in Mortmain And be it further Enacted That if the setled Maintenance of such Parsonage Vicarages Churches and Chappels so united or of any other Parsonage or Vicarage with Cure in the Kingdom of England or Dominion of Wales shall not amount to the full sum of One hundred pounds per annum cléer and above all charges and reprises That then it shall be lawful for the Parson Vicar and Incumbent of the same and his successors to take receive and purchase to him and his successors Lands Tenements Rents Tythes or other Hereditaments without any License of Mortmain Any Law or Statute to the contrary notwithstanding CAP. IV. A Former Act for Regulating the Press