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A39441 An Abridgement of the statutes made in the thirteenth year of the reign of King Charles the Second alphabetically digested under apt titles and heads for the ready finding out of the matter. England and Wales. Laws, etc. 1661 (1661) Wing E860; ESTC R6329 18,777 46

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herein particularly mentioned expressed are hereby ratified and confirmed That is to say 1. One Act entituled An Act for the Encouraging and increasing of Shipping Navigation 2. An Act for Prohibiting the Exportation of Wool Wool-fels Fullers-Earth or any kind of Scouring Earth 3. 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 4. An Act for prohibiting the Planting setting or Sowing of Tobacco in England and Ireland 5. An Act for restraining the taking of Excessive Usury 6. An Act for the present nominating of Commissioners of Sewers 7. An Act for the incorporating of the Master and Wardens of the Company of Haberdashers London to be Governours of the Free-School and Alms-howses 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 conteyned shall be and are hereby ratified and confirmed and Enacted and declared to have the full force and strength of Acts of Parliament Causes Ecclesiastical Stat. 13. Car. 2. cap. 12. Reciting An Act of the 17. Car. 1. Entituled An Act for Repeal of a Branch of a statute Primo Eliz. concerning Commissioners for causes Ecclesiasticall whereby the Ordinary course of Justice in Causes Ecclesiasticall hath been obstructed Enacteth that neither the said Act nor any thing therein contained doth or shall take away any ordinary Power or Authority from any Arch-Bishop Bishops or any other person or persons c. but that they and every of them exercising Ecclesiasticall Jurisdiction may proceed determine Sentence and excercise all manner of Ecclesiasticall Jurisdiction and all Consures and Coercions appertaining and belonging to the same before the making of the Act before recited in all causes and matters belonging to Ecclesiasticall Jurisdiction according to the Kings Majecty's 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. 2. That the afore recited Act 17 Car. 1. and all the matters and Clauses therein conteyned 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 3. Provided that this Act shall not extend to revive or give force to the said Branch of the said Statute made in the First year of the Reign of the said late Queen Elizabeth mentioned in the said Act of Parliament made in the 17 year of the Reign of the said King Charles but that said Branch shall stand and be repealed in such sort as if this Act had never been made 4. That it shall not be lawfull for any Arch-bishop Bishop Vicar-Generall c. or any other person having or exercising Spiritual or Ecclesiastical Jurisdiction to tender or administer unto any person whatsoever the Oath called the Oath Ex Officio or any other Oath whereby such person to whom the same is tendered or administred may be charged or compelled to confess or accuse or to purge him or herselfe of any criminall matter or thing whereby he or she may be liable to any censure or punishment 5. That This Act shall not extend to give unto any Arch-Bishop Bishop or any other Spiritual or Ecclesiasticall Judge Officer c. any Power or Authority to exercise execute inflict or determine any Ecclesiastical Jurisdiction Censure or Coercion with they might not by Law have done before the year of our Lord 1639. Nor to abridge or diminish the Kings Supremacy in Ecclesiasticall matters and affairs Nor to confirm the Canons made in the year 1640. nor any of them nor any other Ecclesiastieal 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 our Lord 1639. Carriages c. for the King Stat. 13 Car. 2 cap. 8. Reciting the Act made in the 12 year of his Majesties Reign entituled An Act for taking away the Court of Wards and Liveries Purveyance c. and mentioning some great incoveniences which may insue to his Majesty thereupon in respect of his Majesties Royal Progresses and Remonvals It is Enacted That the Clerk or chief Officer of his Majesties Carriages shall three daies at least before his Majesties arrivial by Warrant from the Green cloth give notice in writing to two or more Justices of the Peace next adjoining 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 the respective Owners shall receive 6d for each mile they shall goe laden and in case of refusal to provide and furnish his Majesty that now is or his Queen that shall be or his or her Houshold in their Progress or Removals with such sufficient and necessary Carriages for ready moneys tendred to them or shall without just and reasonable cause refuse to make their appearance with such sufficient Carts and Carriages 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 Justices of the County or Major or other chief Officer of the City or Corporation where he or they in habit which Oath they shall have power to administer the party shall for such his refusall and neglect forfeit the sum of Forty shillings to the King's use to be sorthwith leavied by distress and sale of his goods and chattels rendring the overplus by warrant from the said Justices Major or other Officer 2. No Horses Oxen Cart or Wain shall be enforced to travel above one daies journey from the place where they receive their loading 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 3. If any Justice of the Peace Major chief Officer or Constable shall take any gift or reward to spare any person from making such Carriage or shall injuriously charge any through envy c. who ought not to make such Carriage or shall Impress more Carriages then shall be diceted from the Green-cloth that then upon due proof and conviction thereof the party so offending shall forfeit 10 li. to the party grieved or any who shall sue for the same by Action of debt c. wherein no Protection Essoyn or Wager of Law shall be allowed 4. Any person presuming to Impress any Horses Oxen Cart Wain or Carriages for
his Majesties service other then the person so impowred shall upon due conviction of the said offence suffer the punishment contained in the first recited Act. 5. That none of his Majesties said Servants shall be compelled to pay above 1 s. by the night for every Bed that they shall use for themselves nor above 6d for the same for their servants And that in all such houses where any of his Majesties said Servants shall pay for their Diet or for Hay and Provender convenient Lodging shall be provided for themselves and their servants without paying any thing for the same 6. That any two or more Justices of Peace near the Road through which his Majesty is to pass shall immediately after notice in writing from the said Green-cloth and Avenor under their hands and seals set down and appoint such reasonable rates and prices to be pai'd during his Majesties abode there both for Hay Oats and other accommodations for Horses as they shall think meet which Rates the Justices shall cause to be proclaimed one day at the least before his Majestles coming to such place in the Market-Town next to such place and in such other places as they shall think fit to the end that notice may be taken of such prices And if any take above the rates so limited either for Lodging Horse-meat Stable-room or other such accommodations thereof be convicted by confession or Oath of one credible Witness before any one Justice of Peace who is to administer the said Oath every person so offending shall forfeit and pay to the party grieved 40 s. to the leavied by distress by warrant from the said Justice and sale thereof returning the overplus the charge of the distreining being first deducted 7. This Act to continue till the end of the first Session of the next Parliament and no longer Collectors see Treasurers Dear-stealing Killing c. Stat. 13 Car. 2. cap. 10. That if any person or persons shall after the first day of August 1661. unlawfully Course Kill hurt or take away any Red or Fallow-Deer in any Forest Chase c. or other Ground where Deer are or have been usually kept within the Realm of England or Dominion of Wales without the consent of the Owner or person chiefly intrusted with the Custody thereof or shall be aiding or assisting therein and shall be convicted thereof by confession or by the Oath of one credible Witness before a Justice of Peace who is hereby impowred to-administer an Oath to that purpose such person being presented within six months after such offence done shall forfeit for every such offence 20 li to be leavied by distress upon the Goods and Chattels of the Offendor by warrant under the Justices hand before whom such conviction shall be made the one moyety to the Informer the other to the Owner of the Deer and for want of Sufficient distresse the Offender shall be committed to the Howse of Corection for six moneths or to the Common Goale for one whole year without Bail or Mainprise at the Justices discretion and not to be discharged till sufficient security be given for their good behaviour for one whole year next ensuing their inlargement No offendor punished hereby shall incur the penalty of any other Law or statute for the same offence Disorders see Tumults Excise Arrears vested in the King Stat. 13 Car. 2. cap. 13. That all and every Sum and sums of money any waies due or owing from or by any person or persons for or touching the Imposition or Duty called the Excise here o'ore imposed and made payable upon Beer Ale or any other Commodities by any Laws of pretended Laws or Ordinances And all Debts therefore owing whether by Obligation or upon Accompt from the Farmers of Excise or any other person or persons whatsoever or any of their Securities and not pardoned by his Majesties Act of Pardon and Oblivion be and are hereby vested in the King 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 been lawfully assessed imposed and collected and as if the several pretended Acts Orders and Ordinances assessing and imposing the same had been legall Acts of Parliament and had in express words given and granted all every the said Duries unto his Majesty and as if the Obligations and Recognizances entered into by the respective Sureties and Securities had been taken in his Majesties name 2. That all persons accomptable by virtue of this Act shall have all such due allowance in their Accompts as all such persons whose Accompts are excepted in the Act of Pardon Indempnity and Oblivion are or ought to have 3. No person shall be questioned or molested for any of the Duties herein or hereby vested in the King except he shall be sued or prosecuted with effect before the 25 of December 1662. 4. That all persons Accomptable hereby are hereby enabled to sue for leavy and recover from any person who stands indebted unto them in any Sum of money for the Duty of Excise for which they are hereby accomptable all Sums of money and arrears unsatisfied in as full manner as they might have received and levied the same when they first grew due Free Present see Present Forfeitures to the King see Pains and Penalties Holy Orders Stat. 13 Car. 2. c. 2. Whereas an Act was made by the Parliament begun at Westminster the 3 of Nov. in the 16 Caroli 1. entituled An Act for disinabling all persons in Holy Orders to exercise any Temporal Jurisdiction or Authority Which Act hath made several Alterations prejudicial to the Constitution and antient Rights of Parliament and contrary to the Laws of this Land and is by experience found otherwise inconvenient It is Enacted that the said Act and every Clause matter and thing therein contained shall be and is hereby from henceforth repealed and made void to all intents and purposes The King's Person and Government see Treason Militia Stat. 13 Car. 2. cap. 6. A Recitation being made that it is and ever was by the Laws of England the undoubted Right of his Majestie his Royall Predecessors Kings Queens of England to have the sole Supreme Government Command and Disposition of the Militia and of all Forces by Sea and Land and of all Forts and places of strength 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 leavy any War offensive or defensive against his Majesty his Heirs or lawfull Successors and yet the contrary hath of late been practised almost to the ruine of the Kingdome And whereas during the late
AN ABRIDGEMENT OF THE STATUTES Made In the Thirteenth year of the Reign of KING CHARLES The Second Alphabetically digested under apt Titles and Heads for the ready finding out of the matter LONDON Printed in the year of our Lord M.DC.LXI A brief view of this BOOK A Recitation of all such Acts by their particular Titles as have received by this Parliament a Confirmation viz The Repeal of such Statutes as were injurious to the Church and Ecclesiastical Jurisdiction The sole Right of the Militia proved to be in the King What Offences are now made Treason The punishment to be inflicted on such as Speak Write c. any thing against the King or His Government either in Church or State What punishment shall be to those that meet in any disorderly numbers under pretence of presenting publick Petitions or Addresses Moneys Goods c. vested in the King How such as are excepted out of the Act of Oblivion are to be call'd to an Accompt for Moneys Goods c. What Pains Penalties Forfeitures are to be inflicted on such persons as are excepted out of the late Act of Oblivion The Government of the Navy for punishing all Offences committed therein Concerning the Arrears of Excise Killing of Deer c. All which by the Table following you will be more particularly satisfied in where by apt and significant Titles you will be directed without any further trouble to the main matter in the Book The Table ADdresses and petitions see Tumults Attempts against the King see Treason Articles for the Navy see Navy Orders Accompts see Moneys Goods c. vested in the King Benevolence see Present to the King Bishops and persons in Holy Orders see Holy Orders and Commissioners for Causes Ecclesiasticall Collectors see Moneys Goods c. Confirmation page 1. Causes Ecclesiastical page 5 Carriages c. for the King page 7 Dear-stealing Killing c. page 11 Disorders see Tumults Excise Arrears vested in the King page 12 Free Present see Present Forfeitures to the King see Pains and Penalties Holy Orders page 14 The King's Person and Government see Treason Militia ibid. Moneys Goods c. vested in the King page 17 Navy-Orders page 19 Progress and Removals see Carriages Present to the King page 27 Pains Penalties c. on excepted Persons page 28 Preservation of the King's Person and Government see Treason Petitions and Addresses see Tumults Receivers see Moneys Goods c. Speaking Writing c. against the King see Treason Treasurer see Moneys Goods c. Treason page 34 Tumults page 38 Writing against the King c. see Treason AN ABRIDGEMENT of the Statutes of the Parliament began at Westminster the 8th day of May in the 13th yeare of the Reigne of King CHARLES the Second Addresses and petitions see Tumults Attempts against the King see Treason Accompts see Treasurers Bishops and persons in Holy Orders see Orders Holy and Commissioners for Causes Ecclesiasticall Confirmation STat. 13. Car. 2. cap. 17. Enacted That all and singular the Acts made or mentioned to be made by his Majesty by and with the advice and consent of the Lords and Commons upon or since the 25th day of April in the 12th year of his Majesties Reign herein after particularly mentioned and expressed shall be and hereby are ratified and confirmed That is to say 1. One Act of Free and Generall Pardon Indemonity and Oblivion 2. One other Act entituled A Subsidy granted to the King of Tonnage and Poundage and other Sums of money payable upon Merchandize exported and imported 3. An Act intituled An Act for continuing the Excise untill the 20th of August 1660. 4. An Act for continuing the Excise till the 25th day of December 1660. 5. An Act for the speedy provision of money for disbanding and paying off the Forces of this Kingdome both by Land and Sea 6. An Act for Confirmation of Judiciall procedings 7. An Act for the speedy disbanding of the Army and Garrisons of this Kingdome 8. 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 Kingdome both by Land and Sea 9. An Act to prevent Frauds and Concealments of his Majesties Customs and Subsidies 10. An Act for raising Seavenscore thou sand pounds for the Compleat Disbanding of the whole Army and Paying oft some part of the Navy 11. 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 12. 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 13. 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 prizes of the same 14. An Act for the leavying of the arrears of the Twelve moneths Assessment commencing the 24 of June 1659. And the six months Assessment commencing the 25 of December 1659. 15. 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 month for six months for disbanding the Remainder of the Army and paying off the Navy 16. 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 Kingdome both by land and Sea 17. An Act for the raising of Seaventy thousand pounds for the further supply of his Majesty 18. An Act for the Attainder of severall persons guilty of the Horid Murther of his late Sacred Majesty King Charles the first 19. An Act for erecting and Establishing a Post-Office 20. One other Act entituled An Act for putting in Execution an Ordinance mentioned in this Act. And all and every the Clauses sentences and articles in them and every of them contained shall be and are hereby ratified and confirmed and declared to have the full force of Acts of Parliament and so shall be adjudged and taken to all intents and purpose whatsoever Sata 13. Car. 2. cap. 11. That the Severall Acts made or mentioned to be made by his Majesty by and with the advice and consent of the Lords and Commons upon or since the 25 day of April in the 12 year of his Majesties Reign and herein after particularly mentioned and expressed are hereby ratified and confirmed That is to say 1. One Act entituled An Act for the raising of Seaventy Thousand pounds for the farther Supply of his Majesty 2. An Act for Confirmation of Marriages 3. An Act for a perpetuall Anniversary Thanksgiving on the 29 day of May. Stat. 13. Car. 2. cap. 14. The severall Acts of the aforementioned Parliament b●gun at Westminster the 25. of April in the 12. years of his Majesty Reign aforesaid
course of Law then every such person so offending as aforesaid shall be adjudged Traytors and shall suffer death and lose and forfeit as in cases of High Treason 2. If any person after the 24 of June 1661. during his Majesties life shall maliciously and advisedly publish or affirm the King to be an Heretique or a Papist or that he endeavours to introduce Popery or shall maliciously or 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 incapable of having any place office or Promotion Ecclesiastical Civil or Military or any other imployment in Church or State other then that of his Peerage and shall likewise be liable to such further punishments as by the Common Laws or Statutes of this Realm may be inflicted in such Cases 3. If any person or persons after the 24 of June 1661. shall malitiously advisedly by Writing Printing Preaching or other speaking express publish utter declare or affirm that the Parliament begun at Westminster the the 3 day of November 1640. is not yet dissolved or determined or that it be in beeing 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 or either House of Parliament have or hath a Legislative Power without the King or any other words to the same effect then every such offender shall incur the danger and penalty of a Praemunire 16 R. 2. 4. That the Oath usually called the Solemn League and Covenant was in it self an unlawful Oath and imposed against the fundamental Laws of this Kingdome and that all Orders Ordinances or pretended Orders and Ordinances of both or either Houses of Parliament for imposing of Oaths Covenants or Engagements Leavying 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 still are and so shall be taken to be null and void 5. That all persons who have been or shall be questioned for any thing done by colour of any the Orders or Ordinances herein before mentioned to be null and are Indempnified by the late Act of Indempnity or shall be indempnified by any Act of Parliament shall and may make such use of the said Orders and Ordinances for their Indempnity according to the true intent of the said Act and no other as might have been done if this Act had not been made 6. That no Person be prosecuted for any of the Offences in this Act other then such as are High Treason but by order of the King c. under the Sign Manual or by Order of the Council Table c. directed unto the Attourney Generall for the time being or some other of the King's Councill learned 7. None shall incur any of the Penalties herein before mentioned unless prosecuted within six moneths next after the offence committed and indicted within three months after such prosecution 8. None shall be indicted arraigned condemned convicted or attainted for any of the Treasons or offences aforesaid unless accused by two lawfull and credible Witnesses upon Oath which Witnesses shall be brought face to face at the time of the Offenders arraignment and there avow and maintain upon oath the Treason c. unless the parties arraigned shall willingly confesse the same 9. Nothing herein contained shall extend to deprive either Houses of Parliament or any of their Members of their just antient Freedome and Priviledge of debating c. or at any Conferences or Committees c. but that the said Members of either of the said Houses and the Assistants of the House of Peers and every of them shall have the same freedome of Speech and all other Priviledges as they had before the making of this Act. 10. No Peer of this Realm shall be tried for any of the said offences but by his Peers and that Every Peer convicted of any of the said offences after such conviction be disabled during his life to sit in Parliament unless the King shall pardon him and if the King shall grant his pardon to any Peer of this Realm or Commoner convicted as aforesaid the Peer or Commoner so pardoned shall be restored to all intents as if never convicted Tumults Stat. 13 Car. 2. c. 5. That no person or persons whatsoever shall from after the first of August 1661. 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 Parl. for alteration of matters established by Law in Church or State unless the matter thereof hath been first consented unto and Ordered by three or more Justices of that County or by the Major part of the Grand Jury of the County or Division of the County where the same matter shall arise at their Publick Assizes or Generall Quarter Sessions or if arising in London by the Lord Maior Aldermen and Commons in Common-Council assembled 2. That no person or persons whatsoever shall repaire to the King or Parliament upon pretence of presenting any Petition Complaint Remonstrance or Declaration or other Adresses accompanied with excessive numbers of people nor at any one time with above the number of Ten persons upon pain of penalty not exceeding 100 l. in money and three months imprisonment without Bail or Mainprize for every offence which offence to be prosecuted at the King's Bench or at the Assizes or General Quarter Sessions within six months after the offence committed and proved by two or more credible Witnesses 3. That this Act shall not extend to hinder any persons not exceeding the number of Ten as aforesaid to present any Publick or private Grievance or Complaint to any Members of Parliament after his Election and during the Parliament or to the King for any Remedy to be had thereupon nor to extend to any address whatsoever to the King by all or any the Members of both or either Houses of Parliament during the sitting of the Parliament but that they may enjoy their freedome of access as formerly The End