time wherein the said offence shall be committed CAP. XI A Repeal of the Branch of a Statute primo Elizabethae concerning Commissioners for Causes Ecclesiastical VVHereas in the Parliament holden in the first year of the reign of the late Quéen Elizabeth late Quéen of England there was an Act made and established Intituled An Act restoring to the Crown the antient Jurisdiction over the State Ecclesiastical and Spiritual St. 1 Eliz. 2 and abolishing all Forreign Power repugnant to the same In which Act amongst other things there is contained one Clause Branch Article or Sentence whereby it was Enacted to this effect Namely That the said late Quéens Highness her Heirs and Successors Kings or Quéens of this Realm should have full power and authority by vertue of that Act by Letters Patent under the Great Seal of England to assign name and authorite when and as often as her Highness her Heirs or Successors should think méet and convenient and for such and so long time as should please her Highness her Heirs or Successors such person or persons being natural born Subjects to her Highness her Heirs or Successors as her Majesty her Heirs or Successors should think méet to exercise use occupy and execute under her Highness her Heirs and Successors all manner of Iurisdictions Priviledges and preheminence in any wise touching or concerning any Spiritual or Ecclesiastical Iurisdiction within these her Realms of England and Ireland or any other her Highnesse Dominions and Countries and to visit reform redresse order correct and amend all such errors heresies schismes abuses offences contempts and enormities whatsoever which by any manner Spiritual or Ecclesiastical power Authority or Iurisdiction can or may lawfully be reformed ordered redressed corrected restrained or amended to the pleasure of Almighty God the increase of vertue and the conservation of the Peace and Vnity of this Realm And that such person or persons so to be named assigned authorized and appointed by her Highness her Heirs or Successors after the said Letters Patents to him or them made and delivered as aforesaid should have full power and Authority by vertue of that Act and of the said Letters Patents under her Highness her Heirs or Successors to exercise use and execute all the Premisses according to the tenor and effect of the said Letters Patents any matter or cause to the contrary in any wise notwithstanding And whereas by colour of some words in the aforesaid Branch of the said Act High Commission Court whereby Commissioners are Authorized to execute their Commission according to the tenor and effect of the Kings Letters Patents and by Letters Patents grounded thereupon the said Commissioners have to the great and insufferable wrong and oppression of the Kings Subjects used to fine and imprison them and to exercise other Authority not belonging to Ecclesiastical Iurisdiction restored by that Act and divers other great mischiefs and inconveniences have also ensued to the Kings Subjects by occasion of the said Branch and Commissions issued thereupon and the executions thereof Therefore for the repressing and preventing of the aforesaid abuses mischiefs and inconveniencies in time to come Be it Enacted by the Kings most Excellent Majesty The said branch of the stat 1 El. c. 2. repealed and the Lords and Commons in this present Parliament Assembled and by the Authority of the same That the foresaid Branch Clause Article or Sentence contained in the said Act and every word matter and thing contained in that Branch Clause Article or Sentence shall from henceforth be repealed annulled revoked annihilated and utterly made void for ever any thing in the said Act to the contrary in any wise notwithstanding Rep. St. 13 Car. 1. cap. 11. And be it also Enacted by the Authority aforesaid that no Archbishop Bishop Power taken away from Archbishops Bishops and other Ecclesiastical persons and Courts Exp. St. 13. Car. 2. c. 12. nor Vicar-General nor any Chancellor Official nor Commissary of any Arch-bishop Bishop or Vicar-General nor any Ordinary whatsoever nor any other Spiritual or Ecclesiastical Iudg Officer or Minister of Iustice nor any other person or persons whatsoever exercising Spiritual or Eccesiastical Power Authority or Iurisdiction by any Grant License or Commission of the Kings Majesty his Heirs or Successors or by any power or authority derived from the King his Heirs or Successors or otherwise shall from and after the first day of August which shall be in the year of our Lord God one thousand six hundred forty and one award impose or inflict any pain penalty fine amerciament imprisonment or other corporal punishment upon any of the Kings Subjects for any contempt misdemeanor crime offence matter or thing whatsoever belonging to Spiritual or Ecclesiastical cognizance or Iurisdiction Oath ex officio St. 13 Car. 2. cap. 12. or shall ex officio or at the instance or promotion of any other person whatsoever urge enforce tender give or minister unto any Churchwarwarden Sydeman or other person whatsoever any corporal Oath whereby he or she shall or may be charged or obliged to make any presentment of any crime or offence or to confess or to accuse himself or her self of any crime offence delinquency or misdemeanor or any neglect matter or thing whereby or by reason whereof he or she shall or may be lyable or exposed to any censure pain penalty or punishment whatsoever upon pain and penalty that every person who shall offend contrary to this Statute Penalty treble damages and one hundred pounds shall forfeit and pay treble damages to every person thereby grieved and the sum of One hundred pounds to him or them who shall first demand and sue for the same which said Treble damages and sum of One hundred pounds shall and may be demanded and recovered by Action of Debt Bill or Plaint in any Court of Record wherein no priviledg Offendors convicted disabled from any office or imployment by the Kings Letters Patents Essoin protection or wager of Law shall be admitted or allowed to the Defendant And be it further Enacted That every person who shall be once convicted of any act or offence prohibited by this Statute shall for such act or offence be from and after such conviction utterly disabled to be or continue in any office or imployment in any Court of Iustice whatsoever or to exercise or execute any power authority or jurisdiction by force of any Commission or Letters Patents of the King his Heirs or Successors And be it further Enacted That from and after the said first day of August No new Court to be erected with the like power no new Court shall be erected ordained or appointed within this Realm of England or Dominion of Wales which shall or may have the like power jurisdiction or Authority as the said High Commission Court now hath or pretendeth to have But that all and every such Letters Patents Commissions and Grants made or to be made by his
Majesty his Heirs or Successors And all Powers and Authorities Granted or pretended or mentioned to be Granted thereby and all Acts Sentences and Decrées to be made by vertue or colour thereof shall be utterly void and of none effect CAP. XII A Subsidy Granted to the King of Tunnage and Poundage Tunnage and Poundage and other sums of Money payable upon Merchandize Exported and Imported from the 15th of July 1641. to the 10th of August next EXP. CAP. XIII Such Monies secured as are or shall be due to the Inhabitants of the County of York and the other adjoyning Counties for the Billet of the Souldiers and to certain Officers of the Army who forbear part of their pay according to an Order in that behalf made in the Commons House of Parliament this present Session for such part of their pay as they shall so forbear EXP. CAP. XIV The late Preceedings touching Ship-money declared unlawful and all Records and Process concerning the same made void Shipârits VVHereas divers Writs of late time issued under the Great Seal of England commonly called Ship-Writs for the charging of the Ports Towns Cities Burroughs and Counties of this Realm respectively Certioraries to provide and furnish certain Ships for his Majesties service Mittimus And whereas upon the Execution of the same Writs and Returns of Certioraries thereupon made and the sending the same by Mittimus into the Court of Exchequer Process hath béen thence made against sundry persons pretended to be charged by way of Contribution for the making up of certain sums assessed for the providing of the said Ships and in especial in Easter Term Scire facias against John Hampden Esquire Demurrer in the thirtéenth year of the Reign of our Soveraign Lord the King that now is a Writ of Scire facias was awarded out of the Court of Exchequer to the then Sheriff of Buckingham-Shire against John Hampden Esquire to appear and shew cause why he should not be charged with a certain sum so assessed upon him upon whose appearance and demurrer to the procéedings therein the Barons of the Exchequer adjourned the same case into the Exchequer-Chamber where it was solemnly argued divers dayes and at length it was there agréed by the greater part of all the Iustices of the Courts of Kings Bench and Common Pleas and of the Barons of the Exchequer there assembled That the said John Hampden should be charged with the said sum so as aforesaid assessed on him The main grounds and reasons of the said Iustices and Barons which so agréed being that when the good and safety of the Kingdom in general is concerned and the whole Kingdom in danger the King might by Writ under the Great Seal of England command all the Subjects of this His Kingdome at their charge to provide and furnish such manner of Ships with Men Victuals and Munition and for such time as the King should think fit for the defence and safeguard of the Kingdom from such danger and peril and that by Law the King might compel the doing thereof in case of refusal or refractorinses and that the King is the sole Iudg both of the danger and when and how the same is to be prevented and avoided according to which grounds and reasons all the Iustices of the said Courts of Kings Bench and Common Pleas and the said Barons of the Exchequer having béen formerly consulted with by his Maiesties command Extrajudicial Opinion had set their hands to an extraiudicial opinion expressed to the same purpose which Opinion with their names thereunto was also by his Majesties command inrolled in the Courts of Chancery Kings Bench Common Pleas and Exchequer and likewise entred among the Remembrances of the Court of Star-Chamber Iudgment and according to the said agréement of the said Iustices and Barons Iudgment was given by the Barons of the Exchequer That the said John Hampden should be charged with the said sum so assessed on him And whereas some other Actions and Proces depend and have depended in the said Court of Exchequer and in some other Courts against other persons for the like kind of charge grounded upon the said Writs commonly called Shipwrits all which Writs and procéedings as aforesaid were utterly against the Law of the Land Shipmoney proceedings thereupon contrary to Law Be it therefore declared and Enacted by the Kings most excellent Majesty and the Lords and Commons in this present Parliament assembled and by the Authority of the same That the said charge imposed upon the Subject for the providing and furnishing of Ships commonly called Ship-money and the said extrajudicial opinion of the said Iustices and Barons and the said Writs and every of them and the said agréement or opinion of the greater part of the said Iustices and Barons and the said judgment given against the said John Hampden were and are contrary to and against the Laws and Statutes of this Realm the right of property the liberty of the Subjects former resolutions in Parliament and the Petition of Right made in the third year of the Reign of his Maiesty that now is St. 3 Car. 1. Petition of right to be observed And it is further declared and Enacted by the Authority aforesaid That all and every the particulars prayed or desired in the said Petition of Right shall from henceforth be put in execution accordingly and shall be firmly and strictly holden and observed as in the same Petition they are prayed and expressed and that all and every the Records and remembrances of all and every the Iudgment Iudgments proceedings touching ship-money and all entries records inrolments thereof made void Inrolments Entry and procéedings as aforesaid and all and every the procéedings whatsoever upon or by pretext or colour of any of the said Writs commonly called Ship-Writs and all and every the Dependents on any of them shall be Déemed and Adiudged to all intents constructions and purposes to be utterly void and disannulled and that all and every the said Iudgment Inrolments Entries Procéedings and Dependents of what kind soever shall be vacated and cancelled in such manner and forme as Records use to be that are vacated CAP. XV. Touching Incroachments and Oppressions in the Stannary Courts WHereas King EDWARD the first of famous memory did for the Amendment of the Stannaries in the County of Devon E. 1. Charter grant divers Franchises and Liberties to the Tinners there And whereas in the Parliament in the fiftieth year of King EDWARD the third upon the petition of the Commons of the County of Devon certain Branches and Articles of the said Charter were explained in manner following That is to say whereas one Article of the said Charter is in these words following Explained 50 E. 3. viz. Sciatis nos ad emendationem Stannariarum nostrarum in Com. Devon ad tranquilitatem utilitatem Stannatorum nostrorum praedictorum earundem Concessisse pro nobis haeredibus
of this duty be first paid and satisfied by the said Victualler or Retailer to the Brewer or Maker thereof Provided alwayes That if any person or persons shall brew and sell by retail any small quantities of béer or ale in any Fair within this Realm Proviso for Beer and Ale sold in Fairs or Dominions aforesaid who is not otherwise any common or usual Brewer or Retailer thereof and shall before any such selling and retailing thereof well and truly pay and satisfie the duty due for the same to the Commissioners or Sub-Commissioners within whose Limits or Division the said Fair shall be held or to their Officers thereunto appointed Then such person or persons so brewing or retailing the same and for so much and no more nor otherwise shall be freed and discharged from all penalties and forfeitures in and by this Act before mentioned and imposed Any thing therein contained to the contrary notwithstanding Provided nevertheless that it shall and may be lawful to and for the said Commissioners The Commissioners may compound for the Excise in their Divisions and Sub-Commissioners respectively to compound for this Duty with any Inn-kéeper Victualler Alehouse-kéeper or Retailer of Béer Ale and other the Liquors aforesaid within their respective Divisions from time to time and in such manner and form as may be most for the advantage and improvement of the receipts thereof Any thing in this Act before contained to the contrary notwithstanding And it is further Ordained and Enacted by the Authority aforesaid That the Lord Treasurer The power of the Lord Treasurer c. to contract for farming any the rates or duties in this Act. or Commissioners of the Treasury for the time being or such other person or persons as His Majesty His Heirs and Successors shall appoint shall have power and are hereby authorised and impowered from time to time to treat contract conclude and agrée with any person or persons for or concerning the Farming of all or any the Rates Duties and Charges in this Act mentioned upon Béer Ale Perry Syder or other the Liquors aforesaid in any the respective Counties Cities or Places of this Realm or Dominions thereof as may be for the greatest benefit and advantage of the said Receipt so as the same excéed not the term of Thrée years And be it further Enacted That every such Contract Bargain and Agréement of the Lord Treasurer or Commissioners of the Treasury or other persons aforesaid on behalf of His Majesty on the one part and the person or persons farming on the other part shall be good and effectual in Law to all intents and purposes Provided alwayes to the end the aforesaid duty may be paid with most ease to the people Persons to be approved by the Iustices of the Peace c. within six moneths to have the refusal of contracting for the Excise in these respective Counties It is hereby further Enacted That the Lord Treasurer Commissioners of the Treasury or other persons aforesaid shall not within six moneths after the Commencement of this Act treat conclude or agrée with any person or persons touching the Farming of this duty upon Béer and Ale in any the respective Counties or Places of this Realm or Dominions thereof other then with such person or persons as by the Iustices of Peace of the said Counties or places or the major part of them at their publick Quarter Sessions shall be nominated and appointed in that behalf which person or persons is to have the first refusal of any such Farm respectively and may take the same Any thing in this Act to the contrary thereof in any wise notwithstanding Provided that the said duty shall not be let to any person or persons then to the person or persons recommended by the Iustices under the rate that it shall be tendred to and refused by such person or persons so recommended And be it further Enacted and Ordained by the Authority aforesaid Forfeiture and offences within this Act how to be determined That all forfeitures and offences made done and committed against this Act or any clause or article therein contained shall be heard adjudged and determined by such person or persons and in such manner and form as hereafter in and by this Act is directed and appointed that is to say all such forfeitures and offences made and committed within the immediate limits of the chief Office in London shall be heard London adjudged and determined by the said chief Commissioners and Governors of Excise appointed by His Majesty or the major part of them or by the Commissioners for Appeals and regulating of this duty or the major part of them in case of Appeal and not otherwise Counties Cities c. within this Kingdom And all such forfeitures and offences made and committed within all or any other the Counties Cities Towns or Places within this Kingdom or Dominions thereof shall be heard and determined by any two or more of the Iustices of the Peace residing near to the place where such forfeitures shall be made or offence committed Neglects of the Iustices And in case of neglect or refusal of such Iustices of the Peace by the space of fourtéen dayes next after complaint made and notice thereof given to the Offender then the Sub-Commissioners or the major part appointed for any such City County Town or Place shall and are hereby impowered to hear and determine the same And if the party find himself aggrieved by the Iudgment given by the said Sub-Commissioners he shall and may appeal to the Iustices of the Peace at the next Quarter Sessions who are hereby impowered and authorised to hear and determine the same whose Iudgment therein shall be final which said Commissioners for Appeals and regulating of this duty and the chief Commissioners for Excise and all Iustices of Peace and Sub-Commissioners aforesaid respectively are hereby authorised and strictly enjoyned and required upon any complaint or information exhibited and brought of any such forfeiture made or offence committed contrary to this Act to summon the party accused and upon his appearance or contempt to procéed to the examination of the matter of Fact and upon due proof made thereof either by the voluntary confession of the party or by the oath of one or more credible witnesses which Oath they or any two or more of them have hereby power to administer to give Iudgment or Sentence Levying the forfeitures according as in and by this Act is before ordained and directed And to award and issue out Warrants under their hands for the levying of such forfeitures penalties and fines as by this Act is imposed for any such offence committed upon the Goods and Chattels of the Offender and to cause Sale to be made of the said Goods and Chattels if they shall not be redéemed within fourtéen days rendring to the party the overplus if any be and for want of sufficient Distress to imprison the party
continue any such foot-post Horse-post Coach-post or pacquet-Boat as aforesaid which said several and respective Forfeitures shall and may be sued for and recovered by Action or Actions of Debt plaint or Information in any of his Majesties Courts of Record wherein no Essoigne priviledge protection or Wager of Law shall be admitted Proviso where any Post-master doth not provide and the said several and respective forfeitures that shall happen from time to time to be recovered shall be and remain the one moyety thereof to his Majesty and his Heirs and Successors and the other moyety thereof to such person or persons who shall or will inform against the Offender or Offenders against this present Act and shall or will sue for the said forfeitures upon the same Provided alwayes That if any post-Master of any respective place doth not or cannot furnish any person or persons riding in Post with sufficient horses within the space of one half hour after demand That then such person or persons are here understood to be left at liberty to provide themselves as conveniently they can And the persons who shall furnish such horses shall not therefore be liable unto any Penalties or Forfeitures contained in this Act. Provided alwaies That if through default or neglect of the Post-Master General aforesaid Proviso touching Post-masters that do not sufficiently provide horses c. any person or persons riding in Post shall fail as aforesaid of being furnished with a sufficient Horse or Horses for his or their use after demand as aforesaid That in every such case the said Post-Master General shall forfeit the sum of Five pounds sterling the one moyety to his Majesty his Heirs and Successors and the other moyety to him or them who shall sue for the same in any Court of Record to be recovered by Bill Plaint or other Information wherein no Essoigne Protection or other Wager in Law shall be admitted Provided alwayes and be it Enacted Proviso That nothing herein contained shall be understood to prohibit the carrying or recarrying of any Letters or pacquets to or from any Town or place to or from the next respective Post-Road or Stage appointed for that purpose But that every person shall have frée Liberty to send and imploy such persons as they shall think fit for to carry the said Letters or Pacquets as aforesaid without any forfeiture or penalty therefore Any thing contained in this Act to the contrary notwithstanding Proviso against carrying any pacquet out of England in any forreign vessels Provided alwayes That if the Pacquet or Maile shall be carryed out of England into any part beyond the Seas in any ship or Vessel which is not of English built and Navigated with English Seamen That in every such case the said post-Master General shall forfeit the sum of one hundred pounds Sterling The one moyety to his Majesty His Heirs and Successors and the other moyety to him or them who shall sue for the same in any Court of Record to be recovered by Bill Plaint or other Information wherein no Essoigne Protection or other Wager in Law shall be allowed Oaths of Allegiance and Supremacy Provided also and be it Enacted by the Authority aforesaid That no person or persons shall be capable of having using or exercising the Office of post-Master General or any other Imployment relating to the said Office unless he or they shall first take the Oaths of Allegiance and Supremacy before any two Iustices of the peace of the respective Counties wherein such person or persons are or shall be resident which said Iustices are hereby Authorized to administer the said oaths accordingly Proviso Truro Penrin Kendall Lancaster Penrith Carlisle Grimsby Post-Master to continue constant posts Provided also and be it Enacted by the Authority aforesaid That a Letter or pacquet-post shall twice every wéek come by the way of Truro and Penrin to the Town of Marketiew alias Marhasion in the County of Cornwall and once a wéek to Kendal by the way of Lancaster and to the Town of Penrith in Cumberland by the way of Newcastle and Carlisle and to the City of Lincoln and the Burrough of Grimsby in the County of Lincoln Any thing in this Act contained to the contrary thereof in any wise notwithstanding Provided also and be it Enacted by the Authority aforesaid That such post-master General to be from time to time appointed by his Majesty His Heirs and Successors as aforesaid shall continue constant posts for carriage of letters to all places though they lye out of the post-roads as hath béen used for the space of thrée years last past at the rates herein before mentioned under pain of forfeiture for every omission Five pounds to be recovered by Action Suit or plaint in any his Majesties Courts of Record the one moyety to the use of his Majesty the other moyety to the use of the Informer And for the better management of the said post-Office and that the people of these Kingdomes may have their intercourse of Commerce and trade the better maintained and their Letters and advises conveyed carried and recarried with the greatest spéed security and convenience that may be Penalty for every omission The Post-master c. to observe such orders as his Majesty shall make Be it further Enacted That the said post-Master General so nominated appointed and constituted as aforesaid and his Deputies shall from time to time observe and follow such orders rules directions and instructions for and concerning the settlement of convenient posts and Stages upon the several roads in England Scotland and Ireland and other his Majesties Dominions and the providing and kéeping of a sufficient number of horses at the said several Stages as well for the carrying and conveying of the said letters and pacquets as for the horsing of all thorow-posts and persons riding in post by warrant or otherwise as aforesaid as his Majesty his heirs and Successors shall from time to time in that behalf make and ordain And that his Majesty his heirs and Successors may grant the said Office of post-master General His Maiesty may grant the said office for life or years not exceeding 25. years together with the powers and Authorities thereunto belonging and the several rates of portage above mentioned and all profits priviledges fées perquisites and emoluments thereunto belonging or to belong either for life or term of years not excéeding one and twenty years to such person or persons and under such Covenants conditions and yearly rents to his said Majesty his Heirs and Successors reserved as his said Majesty his heirs and Successors shall from time to time think fit for the best advantage and benefit of the Kingdom No horses to be seized without consent of the owners Provided alwayes and be it Enacted by the Authority aforesaid That no person shall have power to take use or seize any horses for the service mentioned in this Act without the consent of the
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. âap 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
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 lawfull 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 instilled into the minds of the people of this Kingdom which may break forth unless prevented to the disturbance of the peace and quiet thereof His Majesty may issue out Commissions of Lieutenancy to such persons as he shall think fit for the several counties cities c. The power of the said Lieutenants 25 Car. 2. cap. 4. Stat. 3. Be it therefore 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 Parliament Assembled and by the Authority of the same That the Kings most Excellent Majesty his Heirs and Successors shall and may from time to time as occasion shall require issue forth several Commissions of Lieutenancy to such persons as his Majesty his Heirs and Successors shall think fit to be his Majesties Lieutenants for the several and respective Counties Cities and places of England and Dominion of Wales and Town of Berwick upon Tweed which Lieutenants shall have full power and authority to call together all such persons at such times and to arm and aray them in such manner as is hereafter expressed and declared and to form them into Companies Troops and Regiments and in case of Insurrection Rebellion or Invasion them to lead conduct and imploy or cause to be led conducted and imployed as well within the said several Counties Cities and places for which they shall be Commissionated respectively as also into any other the Counties and Places aforesaid for suppressing of all such Insurrections and Rebellions and repelling of Invasions as may happen to be according as they shall from time to time receive directions from His Majesty His Heirs and Successors And that the said respective Lieutenants shall have full Power and Authority from time to time to constitute appoint and give Commissions to such persons as they shall think fit to be Colonels Majors Captains The Deputy-Lieutenants to be named to and approved of by his Majesty and other Commission-Officers of the said persons so to be armed arrayed and weaponed and to present to His Majesty His Heirs and Successors the names of such person and persons as they shall think fit to be Deputy-Lieutenants and upon His Maiesties approbation of them shall give them Deputations accordingly always understood That His Maiesty His Heirs and Successors have power and authority to direct and order otherwise and accordingly at his and their pleasure may appoint and commissionate or displace such Officers Any thing in this Act to the contrary notwithstanding And that the said Lieutenants respectively and in their absence out of the Precincts and Limits of their respective Lieutenancies or otherwise by their directions the said Deputy-Lieutenants The power of the Deputy-Lieutenants during their said respective Deputations or any two or more of them shall have power from time to time to train exercise and put in readiness and also to lead and conduct the persons so to be armed arrayed and weaponed by the directions and to the intents and purposes as is hereafter expressed and declared And for the providing Horse and Arms and Furniture thereunto belonging for the Arming and Weaponing the persons aforesaid and also for the defraying and paying the necessary charges thereunto belonging in manner as hereafter followeth Be it further Enacted The manner of charging and providing Horse and Arms c. That the said respective Lieutenants within the several Counties Cities and Places for which they are nominated respectively and their Deputies or the major part of such Lieutenants and Deputy-Lieutenants then present or in the absence of the Lieutenant or Lieutenants the major part of the Deputy-Lieutenants then present which major part shall be thrée at the least have hereby full Power and Authority to charge any person with Horse Horse-man and Arms or with Foot-Souldier and Arms in the same County Shire City Burrough or Town-Corporate where his her or their Estates lye having respect unto and not excéeding the limitations and proportions hereafter mentioned that is to say No person shall be charged with finding a Horse Horse-man and Arms unless such person or persons have a Revenue of Five hundred pounds by the year in possession or have an Estate of Six thousand pounds in Goods or Money besides the Furniture of his or their Houses and so proportionably for a greater Estate in Lands in possession or Goods as the respective Lieutenants and their Deputies as aforesaid in their discretions shall sée cause and think reasonable And they are not to charge any person with finding a Foot-Souldier and Arms that hath not a yearly Revenue of Fifty pounds in possession or a personal Estate of Six hundred pounds in Goods or Moneys other then the stock upon the ground and after the aforesaid rate proportionably for a greater or lesser Revenue or Estate Nor shall they charge any person with the finding both of Horse and Foot in the same County Provided That no person chargeable by this Act to find an Horse and Horse-man with Arms No person charged with or towards an Horse may be charged also towards foot-arms or to be contributory towards finding an Horse and Horse-man with Arms shall for the same Estate be chargeable towards finding a Foot-Souldier with Arms or contributory thereunto And it shall be lawful to and for the respective Lieutenants and Deputies or any thrée or more of them as aforesaid to impose the finding and providing of Horse Horse-man and Arms as aforesaid by joyning two or thrée or more persons together in the Charge as to their Iudgment shall appear most conducible to the service of this Kingdome Provided That no person that hath not One hundred pounds per annum in possession in Lands What persons and Estate only chargeable towards finding Horse-arms Lieutenants and Deputies may hear and determine matters relating to this Act. Tenements or Hereditaments Lease-hold or Copy-hold or Twelve hundred pounds personal Estate shall be compellable to contribute in finding any Horse and Horse-man with Arms And the said respective Lieutenants and Deputies or any thrée or more of them shall have power to hear Complaints and examine Witnesses upon Oath which Oath they have hereby power to administer and to give redress according to the merits of the cause in matters relating to the execution of this Act. Be it further Enacted That the said Lieutenants and Deputies or any thrée or more of them in their several Counties and Places respectively shall
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
the said Burrough and Liberties shall deliver unto the said Bailiff Duplicates of all Accompts of Hearths and Stoves and do all other things in such manner as by the said Acts they ought to have done unto the said Sheriffs Any thing in the said former or this Act to the contrary notwithstanding Provided always and be it Enacted by the Authority aforesaid That it shall and may be lawful to and for the Lord High Treasurer of England Allowance to Clerks of the the Peace of the several Counties and the Chancellor of His Majesties Court of Exchequer or either of them to give and make such further allowance unto the Clerks of the Peace of the respective Counties of this Kingdom for their labour and pains in and about the Writing Engrossing and Returning into His Majesties Court of Exchequer the Duplicates and Returns of the several Constables in Parchment over and besides what is allowed by the said first recited Act as the said Lord High Treasurer and Chancellor or either of them shall think méet and convenient the same allowance not excéeding One penny in the pound by the year Any thing in the said former or in this Act to the contrary notwithstanding CAP. XIV The Profits of the Post-Office and Power of Granting Wine-Licenses setled on His Royall Highnesse the Duke of York and the Heirs Males of his Body WHereas the Lords and Commons being assembled at Westminster the Five and twentieth day of April Anno Domini One thousand six hundred and sixty in the Twelfth Year of the Reign of our most Gracious Sovereign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. were there continued untill the Nine and twentieth day of December next following and then Dissolved In which time a certain Act was made Entituled 12 Car. 2. cap. 25. An Act for the better Ordering the selling of Wines by Retail and for preventing Abuses in the mingling corrupting and vitiating of Wines and for setling and limiting the prices of the same Whereby it was Enacted That no person or persons whatsoever from and after the Five and twentieth day of March in the year of our Lord One thousand six hundred sixty and one unless he or they should be authorized and enabled in manner and form as by the said Act is appointed shall sell or utter by Retail any kind of Wine or Wines to be spent in his or their Mansion-house or Houses or other place by any means whatsoever upon pain of forfeiting for every such offence the Sum of Five pounds the one moyety thereof to the King and the other moyety to him or them that will sue for the same And it was further thereby Enacted That it should be lawful for His Majesty his Heirs and Successors from time to time to issue out under his or their Great Seal of England One or more Commission or Commissions directed to two or more persons thereby authorizing them to license and give authority to such person or persons as they should think fit to sell and utter by Retail all and every or any kind of Wine or Wines to be drunk and spent as well within the house or houses or other place in the Tenure or Occupation of the party so Licensed as without in any City Town or other place within the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed and such Commissioners are to Contract for selling and uttering of Wines by Retail in any City or other place as aforesaid in such manner and form and under such Provisoes as in the said Act is mentioned And it is further provided by the said Act That the Rents Revenues and Sums of money arising by the said Act should be duly and constantly paid and answered into His Majesties Receipt of Exchequer and not be charged or chargeable either before it be paid into the Exchequer or after with any Gift or Pension as by the said Act amongst divers other Provisoes and Clauses may more at large appear And also one other Act was at the same time made Entituled An Act for Erecting and Establishing a Post-Office 12 Car. 2. cap. 34. Whereby it is Enacted That from thenceforth there should be one general Letter-Office erected and established in some convenient place within the City of London from whence all Letters and Pacquets may be sent into any part of the Kingdom of England Scotland and Ireland or other of His Majesties Dominions or unto any Kingdom or Country beyond the Seas And that one Master of the said General Letter-Office shall be from time to time appointed by the Kings Majesty His Heirs and Successors by His or their Letters Patents under the Great Seal of England The Office of Post-Master General by the name and stile of His Majesties Post-Master-General which said Post-Master and his Deputy and Deputies by him thereunto sufficiently authorized and his and their Servants and Agents and no other person shall have the receiving ordering or sending Post of all Letters and Pacquets whatsoever to be sent to and from the places aforesaid except as therein and thereby is excepted And it was thereby provided That such Post-Master-General and his Deputy and Deputies may demand have receive and take for the Portage of all such Letters which he shall convey as aforesaid and for the providing and furnishing horses for thorough-Posts according to the Rates therein mentioned And that His Majesty His Heirs and Successors may Grant the said Office of Post-Master-General with the Powers and Authorities thereunto belonging and the several Rates of Portage therein mentioned and all Profits Priviledges Fées Perquisits and Emoluments thereunto belonging either for life or term of years not excéeding One and twenty years to such person and persons and under such Covenants Conditions and yearly Rents to His said Majesty His Heirs and Successors reserved as he or they shall from time to time think fit As by the said Act amongst divers other Clauses and Provisoes therein contained may more at large appear Both which Acts have béen confirmed by this present Parliament Now forasmuch as the Kings most Excellent Majesty is graciously pleased out of His Princely care and great love and affection to His most entirely beloved Brother James Duke of York for and towards the Maintenance and Support of the said Duke his State and Dignity to Grant and Assign all and every the Power and Powers Authority and Authorities of giving License to any person or persons to Sell or Vtter by Retail all and every or any kind of Wine or Wines whatsoever with all Rents Sum or Sums of Money Revenues Profits and Emoluments whatsoever that shall or may arise from or out or by reason of such power of Licensing the Retailing of Wines or Forfeitures for Retailing of Wines without such Licenses unto the said James Duke of York and to the Heirs males of his Body begotten or to be
begotten And also all the Rents Sum and Sums of money and Revenues that shall arise grow and become due of or from the said General Letter-Office or Post-Office or Office of Post-Master-General unto the said James Duke of York and the Heirs males of his Body begotten or to be begotten Be it therefore Enacted and Declared by the Kings most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled The Powers of granting Wine Licenses entailed upon the Duke of York and by the Authority of the same That the said James Duke of York and the Heirs males of his Body begotten or to be begotten shall have all and every the Powers and Authorities aforesaid to give and grant Licenses to such person or persons as he or they shall think fit to Sell and Vtter by Retail all and every or any kind of Wine or Wines whatsoever to be drunk and spent as well within the house and houses or other place in the Tenure or Occupation of the party so Licensed as without in any City Town or other place whatsoever within the Kingdom of England Dominion of Wales and Town and Port of Berwick upon Tweed Together with all Benefits and Profits thereof And also that the said Duke and the Heirs males of his Body begotten or to be begotten shall have that moyety of the Forfeitures and Penalties which by the said recited Act is given to his Majesty His Heirs and Successors And it is hereby further Declared That all and every other person or persons which from time to time or at any times hereafter shall be by the said James Duke of York and the Heirs males of his Body begotten or to be begotten appointed authorized or deputed Agent or Agents Commissioner or Commissioners to Treat and Contract for giving Licenses and Dispensations to any person or persons for the Selling and Vttering Wines by Retail in any City or Town or other place as aforesaid shall have the full and sole power and authority to Treat and Contract for giving Licenses to any person or persons for the Selling and Vttering Wines by Retail in any City Town or other place as aforesaid any Law Statute Grant Vsage or Custom to the contrary in any wise notwithstanding in as full and ample manner as the Kings Agents or Commissioners might do by vertue of the said recited Act. And be it further Enacted by the Authority aforesaid That such person or or persons as shall be appointed by the said James Duke of York or the Heirs males of his body begotten or to be begotten under his or their Hand and Seal for granting Licences for Selling and Vttering Wines by Retail are hereby enabled under such Seal as the said Duke or the Heirs males of his Body begotten or to be begotten shall appoint to grant Licenses for the Selling and Vttering Wines by Retail to any person or persons or for any time or times not excéeding One and Twenty years if such persons shall so long live and for such Yearly Rents and under such Conditions as they shall think fit so as no Fine be taken for the same but that the Rents or Sums of money so agréed for and reserved shall be duly paid at the times and places agréed for the payment thereof for which Rents so reserved in case the same shall not be paid the said Duke and the Heirs males of his Body begotten or to be begotten shall and may have power by this Act to sue for the same by Bill Plaint or Action of Debt in any of His Majesties Courts of Record at Westminster or elsewhere in his own Name or to sue for the same in His Majesties Name in the Court of the Exchequer at the Election of the said Duke and the Heirs males of his body begotten or to be begotten And that the discharge of the said James Duke of York and of the Heirs males of his body begotten or to be begotten or of his or their Receiver General for the time being shall be a full and effectual discharge to all intents and purposes for all such moneys as have or shall be received by vertue of the Act for Wine-Licenses Provided always That the Kings Majesty His Heirs and Successors shall not during the continuance of the said Estate Tayl by himself or Agents grant any Commission or Commissions License or Licenses for the Selling or Vttering of any Wines by Retail And also Provided That nothing in this Act contained shall make void any Contracts Leases or Agréements that have béen made by His Majesties Agents for granting Licenses for Selling and Vttering Wines by Retail in pursuance of the said Act but the same Contracts Leases and Agréements shall remain in such force as they were before the making of this Act and that the Rents thereupon reserved and all Arrears thereof shall be paid unto the said Duke and to the Heirs males of his Body begotten or to be begotten And be it further Enacted by the Authority aforesaid That all the yearly Rents Rents and profits arising by the Letter-Office Sum or Sums of money Revenues Issues and Profits whatsoever that shall grow due accrew or be payable unto His Majesty His Heirs and Successors for or by reason of the said general Letter-Office or Post-ffice or Office of Post-Master General or annexed incident or belonging to the said Post-Office or general Letter-Office or Office of Post-Master-General or Issuing out of the same or accrewing or growing due for or by reason of the same shall be and hereby are vested and setled by vertue of this Act upon the said James Duke of York and the Heirs males of his Body begotten or to be begotten with full and sole power from time to time for the said Duke and the Heirs males of his Body begotten or to be begotten his and their Receivers-General to receive all and every the said Rents Issues and Profits accrewing for or issuing out of the said Office and from time to time to give Discharges for the money so received Provided always And be it Enacted by the Authority aforesaid Not to be paid into the Exchequer That none of the said yearly Rents Issues and Profits arising growing due accrewing or issuing out of the said general Letter-Office or Post-Office or Office of Post-Master-General shall for and during the said Estate Tail be paid into the Exchequer but only to the said Duke and to the Heirs males of his Body begotten or to begotten his or their Receiver-General for the time being And also that it shall and may be lawful to and for the said Duke and for the Heirs males of his Body begotten or to be begotten in the name of His Majesty How to be recovered his Heirs or Successors or in his or their own name to sue for the same by Bill Plaint Information Action of Debt or otherwise in any Court or Courts
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 âine to be taken That such persons as shall be Commissioned and appointed by his Majesty his Heirs or Successors as aforesaid shall be and be called His Majesties Agents for granting Licenses for the selling and uttering of Wine by retail And his Majesties said Agents are hereby authorized and enabled under their Seal of Office the same to be appointed by his Majesty to grant Licence for the selling and uttering of Wines by retail to any person or persons and for any time or term not excéeding 21 years if such person and persons shall so long live and for such yearly rent as they can or shall agrée and think fit so as no Fine be taken for the same But that the rent and sums of money agréed upon and reserved be paid and answered half yearly by equal portions during the whole Term. Licenses only to such as personally use the Trade And be it further Enacted by the Authority aforesaid That such Licence shall not be given or granted but to such who shall personally use the Trade of selling or uttering of Wines by retail or to the Landlord and owner of the house where the person using such Trade shall sell and utter Wine by retail Wine Licenses not assignable The King may appoint Officers as he shall think fit nor shall the same be assignable nor in any wise beneficial or extensive to indemnify any person against the penalties of this present Act except the first taker And be it further Enacted by the Authority aforesaid That it shall and may be lawful to and for his Majesty His Heirs and Successors to constitute and appoint such and so many other Officers and Ministers as a Receiver Register Clerk Controller Messenger
or the like for the better carrying on of this service Not exceeding six pence in the pound for their salaries The Revenue to be paid into the Exchequer and not to be charged with any gift or Pension as He and they shall think fit so as the Salaries and Wages of all such Officers to be appointed together with the Salary or wages of his Majesties said Agents do not excéed six pence in the pound of the Revenue that shall hence arise And be it further Enacted by the Authority aforesaid That the Rents Revenues and sums of Money hence arising except what shall be allowed for the Wages and Salaries of such Officers and Ministers which is not to excéed six pence out of every pound thereof shall be duly and constantly paid and answered into his Majesties Receipt of Exchequer and shall not be particularly charged or chargable either before it be paid into the Exchequer or after with any gift or Pension And his Majesties said Agents are hereby enjoyned and required to return into the Court of Exchequer The Agents to return into the Exchequer in Michaelmas Easter Terms what Licenses they have granted every Michaelmas and Easter Terms upon their Oaths which Oaths the Barons of the Exchequer or any one of them are hereby authorized to administer a Book fairly written containing a full and true account of what Licences have béen granted the preceding half year and what Rents and sums of money are thereupon reserved and have béen paid or are in arrear together with the securities of the persons so in arrear to the end due and spéedy process may be made out according to the course of the Exchequer for the recovery of the same Proviso for the two Vniversities and their priviledges Provided alwayes That this Act nor any thing therein contained shall not in any wise be prejudicial to the priviledg of the two Vniversities of the Land or either of them nor to the Chancellors or Scholars of the same or their Successors but that they may use and enioy such priviledges as heretofore they have lawfully used and enjoyed any thing herein to the contrary notwithstanding Proviso for the Society of the Vintners of London Provided also That this Act or any thing therein contained shall not extend or be prejudicial to the Master Wardens Fréemen and Commonalty of the Mystery of Vintners of the City of London or to any other City or Town Corporate but that they may use and enjoy such Liberties and Priviledges as heretofore they have lawfully used and enjoyed any thing herein contained to the contrary notwithstanding Proviso for the Burrough of St. Albans Provided also and be it Enacted by the Authority aforesaid That this Act or any thing therein contained shall not in any wise extend to debar or hinder the Mayor and Burgesses of the Burrough of St. Albans in the County of Hertford or their Successors from enjoying using and exercising of all such Liberties Powers and Authorities to them heretofore granted by several Letters Patents under the Great Seal of England by Queen Elizabeth and King James of famous memories for the erecting appointing and Licensing of thrée several Wine-Taverns within the Burrough aforesaid for and towards the maintenance of the Frée-School there but that the same Liberties Powers and Authorities shall be and are hereby established and confirmed and shall remain and continue in and to the said Mayor and Burgesses and their Successors to and for the charitable use aforesaid and according to the tenor of the Letters Patents aforesaid as though this Act had never béen made any thing herein contained to the contrary in any wise notwithstanding Fâes of the Officers Provided also That it shall not nor may be lawfull to or for any Officer or Officers to be appointed by his Majesty for the carrying on of this service to take demand or receive any Fées Rewards or sums of money whatsoever for or in respect of this Service other then five shillings for a Licence Four pence for an Acquittance and six pence for a Bond under the penalty of ten pounds one moyety thereof to the Kings Majesty the other moyety to the person or persons who shall sue for the same by Action of Debt Bill Plaint or Information wherein no Wager of Law Essoign or Protection shall be allowed any thing herein or any other matter or thing to the contrary notwithstanding There shall be no mixture of other wines or things And it is hereby further Enacted by the Authority aforesaid That no Merchant Vintner Wine-Cooper or other person selling or retailing any Wine shall mingle or utter any Spanish Wine mingled with any French Wine or Rhenish Wine Syder Perry Honey Sugar Syrups of Sugar Molasses or any other Syrups whatsoever nor put in any Isinglass Brimstone Lime Raisins Iuice of Raisins Water nor any other Liquor nor Ingredients nor any Clary or other herb nor any sort of flesh whatsoever And that no Merchant Vintner Wine-Cooper or other person selling or retailing any Wine shall mingle or utter any French Wines mingled with any Rhenish Wines or Spanish Wines Syder Perry Stummed Wine Vitriol Honey Sugar Syrup of Sugar Molasses or any Syrups whatsoever nor put in any Isinglas Brimstome Lime Raisins Iuice of Raisins Water nor any other Liquor or Ingredients nor any Clary or other herb nor any sort of flesh whatsoever And that no Merchant Vintner Wine-Cooper or other person selling or retailing any wine shall mingle or utter any Rhenish-Wine mingled with any French Wines or Spanish Wines Syder Perry Stummed Wine Vitriol Honey Sugar Syrups of Sugar Molasses or any other Syrups whatsoever nor put in any Isinglass Brimstone Lime Raisins Iuice of Raisins Water nor any other Liquor or Ingredients nor any Clary or other herb nor any sort of flesh whatsoever The penalties or mingling or abusing any Wines And that all and every person and persons committing any of the offences aforesaid shall incur the pains and penalties herein after mentioned That is to say Every Merchant Wine-Cooper or other person selling any sort of Wines in gross mingled or abused as aforesaid shall forfeit and lose for every such offence one hundred pounds And that every Vintner or other person selling any sorts of Wine by retail mingled or abused as aforesaid shall forfeit and lose for every such offence the sum of Forty pounds of which forfeitures one moyety shall go unto the Kings Maiesty his Heirs and Successors the other moyety to the Informer to be recovered in any Court of Record by Action of Debt Bill Plaint or Information wherein no Essoign Protection or Wager of Law shall be allowed Provided alwayes And be it Enacted That from and after the first day of September The Prises of Wines One thousand six hundred sixty and one no Canary-Wines Muskie or Alegant or other Spanish or swéet Wines shall be sold or uttered by any person or persons within his Majesties
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
Act to the contrary notwithstanding And the said Sheriffs shall deduct out of their payments Four pence in the pound whereof Thrée pence to be for themselves and One penny for the Clerk of the Peace to be recovered as aforesaid Officers of the Exchequer shall discharge persons who pay the duties without any Fee And that His Majesties Officers in his said Court of Exchequer shall discharge all such persons who paid their respective Duties without taking any Fées for the same and shall also issue out Process to levy the said duty upon such persons who shall fail in payment thereof where no distress can be found to be taken according to this Act. The said Revenue shall be paid into the Exchequer And not charged with any grant or Pension And be it further Enacted by the Authority aforesaid That the Revenue and Sum of money arising by vertue of this Act Except what shall be allowed to the aforesaid Officers and Ministers for Collecting the same shall be duly and constantly paid and answered into His Majesties Court of Exchequer and shall not be particularly charged or chargeable either before it be paid into the Exchequer or after with any Gift Grants or Pension whatsoever And that all and every Grants of any such Pensions and all and every clause of Non obstante therein contained shall be and is hereby declared to be utterly void and all and every the persons to whom such Grants are passed shall be and are hereby made Accomptants unto His Majesty Grantees of the same shall be accomptanes His Heirs and Successors and shall pay back all sums of money received by pretence of such Grant and the Court of Exchequer shall be and is hereby enjoyned to Issue out Process accordingly And be it further Enacted by the Authority aforesaid That if any Action Bill Plaint Suit Persons acting upon this Statute being sued therefore may plead the general Issue or Information shall be Commenced or Prosecuted against any person or persons for what he or they shall do in pursuance or execution of this Act such person or persons so Sued shall and may plead the general Issue Not guilty And upon Issue joyned may give this Act and the special matter in Evidence and if the Plaintiff or Prosecutor shall become Nonsuit or suffer discontinuance or if a Verdict pass against him or if upon a Demurrer Iudgement pass against him Treble Costs to the Defendants the Defendant shall recover treble Costs for which there shall be like remedy as in any case where Costs by Law are given to the Defendants And be it further Enacted by the Authority aforesaid Increases of Hearths or Stoves which may happen That where any Increase or Decrease of such Hearths or Stoves shall hereafter happen that an account in writing of the same shall be had and made in like manner as the same is directed to be first taken returned and inrolled by this Act and a Duplicate thereof sent into the Exchequer in such sort as is before directed Decreases how discharged And from thenceforth the Owner or Occupier of such House where such Decrease is shall be discharged proportionably without any further pleading in the Exchequer Provided always That no person or persons shall be charged prosecuted Arrerages not to be charged or sued for but within 2 years next after they become due or brought to account for the Arrerages of any Duty or Arrerages of Revenue raised by this Act unless the said Suit shal commence within two years and be brought to a Iudgement within four years and the Duty levied within five years next after the same shall grow due Provided always That no person who by reason of his poverty Poor people exempted or the smallness of his Estate is exempted from the usual Tares Payments and Contributions towards the Church and Poor shall be charged or chargeable with any the Duties by this Act Imposed Any thing herein before to the contrary notwithstanding Provided always and be it hereby Enacted That if the Church-wardens and Overséers of the Poor of the Parish together with the Minister of the same or any two of them whereof the Minister to be one shall in writing under their hands yearly certifie their belief that the house wherein any person doth Inhabit is not of greater value then of Twenty shillings per annum upon the full improved Rent And that neither the person so Inhabiting nor any other using the same Messuage hath useth or occupieth any Lands or Tenements of their own or others of the yearly value of Twenty shillings per annum nor hath any Lands Tenements Goods or Chattels of the value of Ten pounds in their own possession or in the possession of any other in trust for them That then in such case upon such Certificate made to the two next Iustices of Peace and allowed for which Certificate and allowance no Fée shall be paid the person on whose behalf such Certificate is made shall not be returned by the Constable or other Officer And the said house is hereby for that year discharged of and from all the Duties by this Act imposed Any thing herein to the contrary notwithstanding Provided also and be it Enacted by the Authority aforesaid That if any person or persons Further Penalty upon any person that shall accept or procure any pension Gift or grant for years c. bodies Politick or Corporate shall at any time hereafter procure or accept of from the Kings Majesty His Heirs or Successors any Pension Gift or Grant for years life or any other Estate or any sum or sums of money out of the Revenue arising by vertue of this Act that then such person or body Politick or Corporate procuring or accepting the same shall forfeit double the value of such Pension Gift or Grant The one moyety of which forfeiture shall be to the use of the poor of the Parish or Parishes where the said Offenders be or inhabit to be recovered by the Church-wardens the other moyety to him that will sue for the same by Action of Debt Bill Plaint or Information Provided that this Act Blowing houses Stamps Furnaces Kilns Ovens Hospitals or any thing herein contained shall not extend to charge any Blowing-house and Stamp Furnace or Kiln or any private Oven within any of the houses hereby charged nor any Hearth or Stove within the scite of any Hospital or Alms-house for the relief of poor people whose Endowment and Revenue doth not excéed in true value the sum of One hundred pounds by the year Provided The payments and duties charged only upon the Occupiers That the payments and duties hereby charged shall be charged only on the Occupier for the time being of such Hearth or Stove dwelling in such house whereto such Hearth or Stove shall be belonging his Executors or Administrators and not on the Landlord who Let or Demised the same his Heirs Executors or Assigns
appraised value upon loss of his Office Be it further Enacted by the Authority aforesaid No person employed about managing the customs may take any bride or reward to connive at any Entry That if any of the Kings Majesties Officers or other persons appointed to manage His Majesties Customs Searchers Waiters or other person or persons whatsoever deputed and appointed by and under them or any of them or any other Authority whatsoever and imployed in or about the Affairs of the Kings Customs and Subsidies shall directly or indirectly take or receive any bribe recompence or reward in any kind whatsoever or connive at any false Entry of any Goods or Merchandizes whereby the Kings Majesty His Heirs or Successors shall be defrauded or hindred in or of His Customs and Subsidies or other Sums of money or Goods prohibited by the Law to be Imported or Exported into or out of the Kingdom of England Dominion of Wales Town and Port of Berwick be suffered to pass either by way of Importation or Exportation the person or persons therein offending shall forfeit the sum of One hundred pounds The Penalty and be for ever afterwards incapable of any Office or Imployment under the Kings Majesty His Heirs or Successors or any Authority derived from them as also the Merchant Mariner or other person or persons whatsoever who shall give or pay any such Bribe Recompence or Reward as aforesaid shall forfeit the sum of Fifty pounds Provided nevertheless that if any person or persons offending as aforesaid Persons revealing their own offences within two months to be acquitted shall reveal and make known such his or their Offence in Two moneths time to the Treasurer of England the Chancellor Vnder-Treasurer or Barons of the Exchequer he shall for that Offence be clearly acquitted and discharged And be it further Enacted Forreign goods where to be landed and how weighed and numbred That all forreign Goods and Merchandize which by the person or persons which are or shall be appointed by his Majesty for the managing of the Customs and the Customer Collector and Comptroller shall be permitted to be landed and taken up by Bills at sight Bills at view or sufferance shall be landed at the most convenient Keys or Wharfs where the said person or persons so to be appointed Customer or Collector or Comptroller shall appoint and not elsewhere and there or in his Majesties Store-house of the respective Ports at the Election of the said person or persons so to be appointed and Officers shall be measured weighed and numbred by and in the presence of the Officers to be thereunto particularly appointed which said Officers so appointed shall perfect the Entry and thereunto shall subscribe their Names and the next day following shall give Accompt and make report of every respective Entry so perfected as aforesaid to the said person or persons which are or shall be appointed to manage his Majesties Customs Customer or Collector and Comptroller aforesaid without reasonable cause to be allowed by the said person or persons or Officers aforesaid or in default thereof shall forfeit the sum of One hundred pounds Be it also Enacted That no Ship Vessel or Boat Vessels appointed for carrying Letters may not import nor export Merchandise appointed and imployed ordinarily for the Carriage of Letters and Pacquets shall unless it be in such Cases as shall be allowed by the said person or persons which are or shall be appointed to manage his Majesties Customs or Officers aforesaid Import or Export any Goods or Merchandize into or out of the parts beyond the Seas upon the Penalty of the forfeiture of One hundred pounds to be paid by the Master of the said Vessel or Boat with the loss of his place and all Goods and Merchandize that shall be found on Board any such Ship Vessel or Boat shall be forfeited and lost And whereas some Doubts and Disputes have arisen concerning the said late Act For encresing and encouraging of Shipping and Navigation An Explanation of 12 Car. 2. cap. 18. of goods prohibited to be brought from Holland about some of the Goods therein prohibited to be brought from Holland and the Parts and Ports thereabouts Be it Enacted and Declared That no sort of Wines other then Rhenish no sort of Spicery Grocery Tobacco Pot-ashes Pitch Tarr Salt Rozen Deal-Boards Firr Timber or Olive-Oyl shall be imported into England Wales or Berwick from the Netherlands or Germany upon any pretence whatsoever in any sort of Ships or Vessels whatsoever upon penalty of the loss of all the said Goods as also of the Ships and furniture And whereas also by the said Acts For incouraging and increasing of Shipping and Navigation 12 Car. 2. c. 18. Imposition of 5 s. per Tun upon French Vessels an Imposition of Five shillings per Tun is laid upon all Ships or Vessels belonging to any Subjects of the French King which shall come into any Port Harbour Créek or Road of England Ireland Wales or Town of Berwick upon Tweed and shall there lade or unlade any Goods or take in or set on shore any Passengers Yet notwithstanding there is great difficulty in recovering the said Duty because small Shallops come not into Harbours where Officers are but either put their Goods and Passengers on shore or Boats come out of Harbours which privately convey them on shore there being no penalty in the Act against such Offenders Be it therefore Enacted How to be recovered and the penalty That any such Ship or Vessel upon which the above-said Imposition of Five shillings per Tun is due and payable which shall either put on shore or put over into any Boat any Goods or Passengers without payment of Custom and Imposition of Tunnage at any time returning into any Harbour Port or Creek of England or Ireland shall not only pay the Duties formerly due but forfeit the sum of Ten pounds And whatsoever Pilot Water-man or Boat-man which shall from any Harbour Port or Créek go out and bring any Goods from on board such Vessel shall not only be liable to pay the Duty of Tunnage which the said Vessel should have paid but forfeit the sum of Forty pounds Be it also hereby Enacted That Vinegar Perry Rape Cider and Cider-eager of any sort or kind whatsoever Tunnage upon V negar Perry Rape Cyder and Cyder eager Imported from and after the four and twentieth day of June One thousand six hundred sixty and two from Forreign Parts is hereby Rated to pay to the Kings Majesty a Subsidy of Tunnage of Four pounds Ten shillings per Tun Imported by English and Six pounds Imported by Stangers according to the Rate already imposed and set upon French Wines to be Collected and Levied for such time and in such manner as by the Act of Tunnage and Poundage is directed and appointed And the same are by vertue of this Act exonerated and discharged of all further and other Sums heretofore set or
High Bridge over Spalding River be not finished before the five and twentieth of March One thousand six hundred and seventy That then the said Trustées Spalding-bridâ their heirs and assigns or the survivor of them shall forfeit the full and just sum of one hundred and fifty pounds to Peircy Church Esquire his Executors or Assigns which shall and may be raised by the Commissioners of Sewers for the time being at the publick Sessions by sale of part of the said third part of the said Fens or of the said thrée thousand five hundred Acres therein mentioned and be by them accordingly paid over to the said Peircy Church his Executors or Assigns and the person and persons and their heirs to whom such sale shall be made shall and may for ever then after hold and enjoy the same by vertue of such sale and of this present Act any thing herein to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That for the better preservation of the said Banks environing the said Fens or made within the said Fens for the defence of the same Preservation of the Banks it shall and may be lawful to and for the said Trustées their heirs and assigns or the survivor of them to cut the ground lying betwéen the outring-Banks and the said Rivers or either of them to take earth manure and litter for repairing the said Banks so often as néed shall require or to them shall séem méet and convenient so that such cutting be not extended or made above six score foot distant from the said Banks and to erect make and kéep such and so many sufficient Bars and Slakers and in such places as shall séem most fit and convenient to the said Trustées their heirs and assigns or the survivor of them The Slakers to take off the surplusage of Waters and the Bars to hinder the passage of Horsmen and drifts of Cattel over the same Banks in the times hereafter prohibited And to the end that the Banks should not be impaired by horsemen drifts of shéep horses beasts and other Cattel It is hereby Enacted by the Authority aforesaid That no person or persons whatsoever except as hereafter is excepted shall at any time or times hereafter in any year betwéen Michaelmas-day and the first day of May drive or cause to be driven any Horses Oxen Shéep or any other kind of Cattel over or upon any of the said Banks without first paying to them the said Trustées their heirs and assigns or the survivor of them after the rate of four pence for every score of Shéep and for every other Beast the sum of four pence which they their heirs and assigns are hereby authorized to demand and receive Provided nevertheless and be it Enacted That all and every the Lords Proviso for owners and commoners Owners and Commoners of or in all or any part of the said Fens shall have frée liberty at all times of the year for them their Horses Servants and Cattel to pass and repass upon any Bank or Banks Drove or Droves in or compassing the said Fens without paying any thing for so doing if such person or persons claiming such fréedom do not usually buy Shéep or Cattel and trade that way to London with such Cattel or Shéep as are not of their own féeding for a Moneth before And be it Enacted by the Authority aforesaid Horsemen and cattel landing upon the banks That no person or persons whatsoever kéeping a Horse-boat either at Croyland Cloote Deeping Baston Eastcoate Pinchbeck Spalding or Cowbet shall land any horsemen with their horses or cattel upon any the said Banks at any time hereafter betwéen Michaelmas day and the first day of May but at Waldrome-Hall Baston Spoute Dovehurne Cloote or Croyland without licence first thereunto had and obtained from the said Trustées their heirs and assigns or the survivor of them upon pain and forfeiture to be made and paid for every horse and neat beast six pence and for every score of shéep four pence to the said Trustées their heirs and assigns or the survivor of them And that no manner of person or persons shall draw any Boat on or over any the Banks in or compassing the said Fens but in such places only as are or shall be appointed for that purpose And it is further Enacted by the Authority aforesaid That no Swine of what sort soever Swine ringed or unringed be put upon the said Fens or any of them betwéen the said Banks and the Wearditches but that they shall be put into the Fens at usual places where other Cattel are put in And that the Swine so put shall be ringed upon pain of every Hog so found unringed to forfeit to them the said Trustées their heirs or assigns or the survivor of them the sum of two pence for every time so found to be levied by distress and impounding of such Hog or Hogs And it is further Enacted by the Authority aforesaid That the said Trustées their heirs and assigns or the survivor of them their or any of their Tenants Farmers or Ground-holders of any part of the said third part or of the said Fen or of the said five thousand Acres shall not have any time hereafter use or claim any Common of Pasture or other Commonage of Pasturing in any part of the remainder of the said Fens nor any of them nor in the North Fen of Pinchbeck and Spalding Poor Inhabitants nor any part thereof by vertue or pretence of his or their residence there But all and every the Inhabitants that may hereafter be upon any part of the said third part or upon any part of the said five thousand Acres and are not able to maintain themselves shall be maintained and kept by the said Trustées their heirs and assigns and the survivor of them and never become chargeable in any kind to all or any the respective Parishes wherein such Inhabitant or Inhabitants shall reside or dwell any Statute or Law to the contrary hereof in any wise notwithstanding And be it further Enacted by the Authority aforesaid That no water shall be let or taken out of the Rivers of Gleane or Welland Water shall not be set out of the rivers of Glean and Welland or any other the said Dreyn or Dreyns by any Sluce Cut or Tunnel without the licence of the said Trustées their heirs or assigns or the survivor of them or by Order of six Commissioners of Sewers who likewise are to take order that such Cut or Cuts made for the taking thereof shall be made up again at the charge of the person or persons for whose benefit the same were made but for necessary houshold uses by such as now lye by some Law of Sewers already setled And in case any abuse of the said Tunnels happen to be that then the said Trustées their heirs or assigns or the survivor of them their servants or agents shall have power
excepted but shall wilfully and negligently suffer the said Fens and Wastes or the most part of the same to be again drowned and overflowed by the space of five years at any time after the expiration of the said seven years and the same be found and adjudged hurtfully surrounded in default of the said Trustées their heirs and assigns or the survivor of them contrary to this Act by twelve Commissioners of Sewers or the greater number of them whereof six to be of the parts of Holland and six of Kestiven of which twelve Commissioners thrée of either of the said parts to be of the Quorum upon their view or inquisition or presentment of Iury that the same hath so long continued drowned and that Iudgment be certified of Record into the High Court of Chancery under their hands and seals or the greater number of them That then and from thenceforth the trust of the said Trustées their heirs and assigns or the survivor of them of in and to the said third part and the said other parts and proportions added and allotted for a further recompence as aforesaid for the said Earl and Countess of Berkshire Lord Howard of Charlton Lord Bruce Countess of Stamford Lord Grey and other persons in remainder as aforesaid and all and every estate and estates whatsoever by them granted conveyed or in any manner executed of all or any the said third part or other proportions added and allotted for further recompence to any person or persons whomsoever in execution pursuance or discharge of their said trust or otherwise shall cease determine and be utterly void to all intents and purposes whatsoever and not to be helped altered or relieved in any Court or by any course of Law or Equity and that then and from thenceforth the said Trustées their heirs and assigns or the survivor of them shall stand and be seised of all the said third part and the additional allotments in trust to permit and suffer the said Commissioners of Sewers of Kestiven and Holland to take perceive and receive the whole Rents Issues and profits to the end the same may be laid out and expended for the regaining of the said Fens and to defray the charge which the Country shall or may be put unto to preserve themselves and their other Lands from being surrounded or damnified by the said waters in default of maintaining of the said Banks and doing other the said works which ought to have béen made and repaired by the said Trustées their heirs and assigns or the survivor of them And upon further trust likewise That the said Trustees their heirs and assigns or the survivor of them shall and will from time to time and at all times make and execute such estate and estates as twelve Commissioners of Sewers of the parts of Holland and Kestiven whereof thrée of each part to be of the Quorum shall by writing under their hands and seals direct and appoint And be it Enacted and declared That all such estate and estates so by them made shall be and be and be deemed and taken to be good and effectual in Law to all intents and purposes as if the same were in this present Act particularly and by proper names mentioned and expressed And be it further Enacted by the Authority aforesaid That if the said Trustées their heirs or assigns or the survivor of them shall not or do not at or before the said term of seven years well and truly pay or cause to be paid the full and just sum of one hundred pounds of lawful money of England into the hands of such person or persons as the said Commissioners of Sewers in their publick Sessions from time to time shall appoint to receive the same That then and in such case it shall and may be lawful to and for the said Commissioners of Sewers by an Order in writing under their hands and seals to Authorize such person or persons as they shall think fit to enter into any the said Lands part of the said third part allotted to the said Thomas Lovel out of any the Fens by him formerly undertaken to be Dreyned and the said Additional Lands and out of the Rents Issues and profits thereof to raise the same sum of one hundred pounds to the end the same shall and may be by them imployed and laid out South-Dozens and Hawthorn bank in and about the necessary maintenance and reparation of the Banks above mentioned called the South Dozens and Hawthorne Bank and so from time to time and at all times as the said one hundred pounds or any part thereof shall be as abovesaid expended in and about the said Banks as aforesaid if the same be not again supplied by the said Trustees their heirs or assigns or the survivor of them within six moneths then next following then it shall be in the power of the said Commissioners of Sewers out of the Rents Issues and profits aforesaid to raise the same or so much thereof as shall not be supplyed as abovesaid from time to time and at all times as occasion shall require How meetings and by-laws may be made for management of the dreyning Provided always and be it Enacted by the Authority aforesaid That it shall and may be lawful to and for such person and persons their heirs and assigns or any three or more of them to whom the said Trustees their heirs or assigns or the survivor of them shall make or execute any estate or estates of the said ten thousand thirty six Acres before mentioned or any part thereof as Adventurers under the said Trustees their heirs or assigns or the survivor of them in Dreyning the said Fens at all times and from time to time from and immediately after execution of the said estate and estates to summon call and hold meetings of themselves their Agents and Workmen at such place and places by warrant under three or more of their hands and seals or under the hand and seal of their common Clerk for the time being for the making altering or confirming and with power and authority hereby granted unto them their heirs executors administrators and assigns for making and to make By-laws for the better Government and more orderly management of the said work of Dreyning the said Fens within themselves respectively And also be it further Enacted by the Authority aforesaid That at all and every meeting and meetings as aforesaid to be held It shall and may be lawful and they are hereby thereunto impowred for any three or more of the said Vndertakers their heirs executors administrators and assigns By whom rates and taxes may be made for the saâd work to assess rate tax and charge all and every the respective Owner or Owners their heirs executors administrators and assigns and every of them of all and every the said ten thousand and thirty six Acres aforesaid by an equal and proportionable Acre-tar with any sum or sums of money as they shall
adjudg necessary for the carrying on and effecting the said work and to limit and appoint such certain dayes and places for the respective payments thereof to their Treasurer or Treasurers for the time being as they the said Vndertakers their heirs executors administrators or assigns or any three or more of them under their hands and seals shall appoint so as every of the said Vndertakers who shall at any time or times hereafter assess rate tax and charge the said sums of money be really then owner of two hundred and fifty Acres of Land or more within the said Fen. How the ââme may be levied And be it further Enacted upon default made by any person or persons so assessed rated taxed and charged as aforesaid in his or their respective payments to be limited and appointed as aforesaid by the space of three moneths after the time limited for payment thereof That it shall and may be lawful to and for any three or more of the said Adventurers their heirs executors administrators or assigns to bargain sell convey and assure all or so much of the said Defaulter or Defaulters Lands respectively within the said Fen for raising the sum or sums of money so assessed rated or charged as aforesaid to any other person or persons their heirs and assigns for such estate or estates as the said defaulter or defaulters had in him or them respectively at the time of the said default or defaults made as aforesaid as to them or any three or more of them the said Adventurers their heirs executors administrators or assigns shall seem meet subject nevertheless to the conditions and forfeitures in this Act contained and exprest And all and every Conveyance thereof is and shall be adjudged good and available in Law and equity against all and every such Defaulter and Defaulters respectively and against his or their respective heirs executors administrators and assigns so as the same be inrolled in the High Court of Chancery within six moneths after the making thereof How owners and commoners may improve and inclose their shares And be it further Enacted by the Authority aforesaid That it shall and may be lawful for any person or persons Bodies Politick or Corporate their heirs and successors Owner or Owners of the Soil of the said Fens or Wastes or who may or ought to have Common in any of the same to improve set out inclose divide and sever such quantity or quantities of the said Fens or Wastes other then such of the same as by the tenure of this Act are appointed or allotted to the said Vndertakers as aforesaid as shall be proportionable to his or their respective Interest or to his or their Lands and Tenements whereunto or in respect whereof the said Common or Waste may or ought to be had or enjoyed and such quantity or quantities to have and to hold in severalty by and according to such Tenures Estate Right Title and Interest as such person or persons have or shall have in such Manors Lands and Tenements subject nevertheless to all the Powers and Liberties given by this Act to the said Trustees their heirs and assigns and the survivor of them for Dreyning the said Fens as if the said Lands had remained common and uninclosed leaving and allowing convenient passages and ways in and to the said Vndertakers ground in the said Fen. Who may determine of boundaries improvements and inclosures And it is further Enacted That the Boundaries of the said Wastes so to be inclosed Approvements and Inclosures shall from time to time and at all times upon request of any person or persons concerned be determined and adjudged and finally ended by the persons hereafter named that is to say Thomas Lord Beaumont of Cole-Orton Sir George Villiers of Bruxby Baronet Sir VVilliam Hartopp of Rotherby Knight VVilliam Hartopp of Little-Dalby Esquire Sir Henry Hudson of Melton-Mowbray Baronet Sir Edward Smith of Edmundthorpe Knight Richard Lister of Thorpe Esquire John Hacket of Ketleby Esquire William Gilbert of Melton-Mowbray Esquire all of the County of Leicester Baptist Lord Viscount Campden Sir Edward Heath of Cottesmore Knight of the Bath William Palmes of Ashwel Esquire Abel Barker of Hambleton Esquire Samuel Browne of Stockins Esquire Robert Mackeworth of Empingham Esquire Philip Sherard Esquire Alexander Noel of Whitwel Esquire Christopher Browne of Towlthorpe Esquire Edward Falkener of Uppingham Esquire Sir Thomas Mackeworth of Normanton Baronet Henry Noel Esquire of Exton Andrew Noel Esquire of Whitwel Charles Halford Esquire of Weston Thomas Pilkington Esquire of Belton Beaumont Bodenham Esquire of Ryhall and Henry Mackeworth Esq of Normanton all of the County of Rutland Mildmay Earl of Westmerland Obrian Lord Cockaine William Stafford Esquire of Blatherwicke Lewis Palmer Esq of Corlton Edward Palmer Esq of Stoake Walter Kirkham of Finshead Esq Christ Thursby Esq Humphrey Orme Esq Sir Henry Yelverton Baronet Tho. Dove of Upton Esq VVilliam Mountague Esq Francis Quarles Esquire George Quarles junior of Ufford Esq Francis Kirkham Esq of Finshead John Lynn Esq of Southwick all of the County of Northampton Robert Lord Willoughby of Erisby eldest Son to Mountague Earl of Lindsey Lord Great Chamberlain of England Sir Thomas Meres Knight Sir John Newton Baronet Sir Anthony Irby Knight Peregrine Bartue Esq Anthony Thorold of Marston Esq William Blythe of Straston Esq Philip Dallow of Bitchfield Esq Thomas Harrington of Boothby Esq Charles Bawdes of Somerby Esq Sir Edward Barkham Baronet all of the County of Lincolne or by any seven or more of them Which said persons or any seven or more of them are hereby constituted and appointed Commissioners for that purpose upon their view or examination of witnesses upon Oath which Oath they are hereby authorised to administer or both or other good and sufficient proof by matter of Record Writings or Evidences and hearing the parties concerned if they be present and desire it which determination and Iudgment being certified in writing under the hands and seals of the said Iudicature or any seven or more of them into the Petty-bag there to be filed and kept on Record shall be final and conclusive unto all parties Provided always That in case any person or persons Bodies Politick or Corporate Appeals in cases of adjudication shall find him or themselves agrieved with such Iudgment and determination of the said Iudicature and shall thereof within six Moneths next after the same appeal to any thirtéen or more other persons of the said Iudicature Then such determination as the said thirtéen more shall make being certified by writing under the hands and seals of the said thirtéen or more into the Petty-bag aforesaid there to be filed and kept on Record as aforesaid shall be final and conclusive to all parties the said former Iudgment or Determination notwithstanding And the Inclosures and Proportions so adjudged or decréed as aforesaid to such person or persons Bodies Politick and Corporate shall be held by him or them and his
all Statutes and Acts of Parliament Acts that are to have continuance shall remain in foâce 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
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 â 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
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. â1 ââ â8 21 âac 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 fiâteenth 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.
any thing contrary to the purport true intent and meaning of this Law Then he or they shall for such offence forfeit the sum of Five hundred pounds of lawful Money of England unto any party grieved his Executors or Administrators who shall really prosecute for the same and first obtain Iudgment thereupon to be recovered in any Court of Record at Westminster by Action of Debt Bill Plaint or Information wherein no Essoin Protection Wager of Law Aid-Prayer Priviledg Injunction or Order of restraint shall be in any wise prayed granted or allowed nor any more then one Imparlance And if any person against whom any such Iudgment or Recovery shall be had as aforesaid shall after such Iudgment or Recovery offend again in the same then he Second offence or they for such offence shall forfeit the sum of One thousand pounds of lawful money of England unto any party grieved his Executors or Administrators who shall really prosecute for the same and first obtain Iudgment thereupon to be recovered in any Court of Record at Westminster by Action of Debt Bill Plaint or Information in which no Essoin Protection Wager of Law Aid-Prayer Priviledg Iniunction or Order of Restraint shall be in any wise prayed granted or allowed nor any more then one Imparlance And if any person against whom any such second Iudgment or Recovery shall be had as aforesaid shall after such Iudgment Third offence or recovery offend again in the same kind and shall be thereof duly convicted by Indictment Information or any other lawful way or means that such person so convicted shall be from thenceforth disabled and become by vertue of this Act incapable Ipso facto to bear his and their said Office and Offices respectively and shall be likewise disabled to make any Gift Grant Conveyance or other disposition of any of his Lands Tenements Hereditaments Goods or Chattels or to take any benefit of any Gift Conveyance or Legacy to his own use And every person so offending shall likewise forfeit and lose unto the party grieved Treble damages to the party grieved by any thing done contrary to the true intent and meaning of this Law his treble damages which he shall sustain and be put unto by means or occasion of any such Act or thing done the same to be recovered in any of his Majesties Courts of Record at Westminster by Action of Debt Bill Plaint or Information wherein no Essoin Protection Wager of Law Aid-Prayer Priviledg Injunction or Order of Restraint shall be in any wise Prayed Granted or Allowed nor any more then one Imparlance Every person committed contrary to this Act shall have an Habeaâ Corpus And be it also provided and Enacted That if any person shall hereafter be committed restrained of his Liberty or suffer imprisonment by the Order or Decrée of any such Court of Star-Chamber or other Court aforesaid now or at any time hereafter having or pretending to have the same or like Iurisdiction power or authority to commit or imprison as aforesaid Or by the command or Warrant of the Kings Maiesty his Heirs or Successors in their own Person or by the command or Warrant of the Councel-board or of any of the Lords or others of his Majesties Privy Councel That in every such case every person so committed restrained of his liberty or suffering imprisonment upon demand or motion made by his Counsel or other imployed by him for that purpose unto the Iudges of the Court of Kings Bench or Common Pleas in open Court shall without delay upon any pretence whatsoever for the ordinary Fées usually paid for the same have forthwith granted unto him a Writ of Habeas Corpus to be directed generally unto all and every Sheriffs Gaoler Minister Officer or other person in whose custody the party committed or restrained shall be and the Sheriffs Gaoler Minister Officer or other person in whose custody the party so committed or restrained shall be shall at the return of the said Writ and according to the command thereof upon due and convenient notice thereof given unto him at the charge of the party who requireth or procureth such Writ and upon security by his own bond given to pay the charge of carrying back the prisoner if he shall be remanded by the Court to which he shall be brought as in like cases hath béen used such charges of bringing up and carrying back the prisoner to be alwayes ordered by the Court if any difference shall arise thereabout bring or cause to be brought the body of the said party so committed or restrained unto and before the Iudges or Iustices of the said Court from whence the same Writ shall issue in open Court and shall then likewise certify the true cause of such his detainer or imprisonment and thereupon the Court within thrée Court-dayes after such return made and delivered in open Court shall procéed to examine and determine whether the cause of such commitment appearing upon the said return be iust and legal or not and shall thereupon do what to Iustice shall appertain either by delivering bailing or remanding the prisoner And if any thing shall be otherwise wilfully done or omitted to be done by any Iudg Iustice Officer or other person aforementioned contrary to the direction and true meaning hereof That then such person so offending shall forfeit to the party grieved Treble damages in default his treble damages to be recovered by such means and in such manner as is formerly in this Act limited and appointed for the like penalty to be sued for and recovered To what Courts this Act shall extend Provided alwayes and be it Enacted That this Act and the several clauses therein contained shall be taken and expounded to extend only to the Court of Star-Chamber and to the said Courts holden before the President and Councel in the Marches of Wales and before the President and Councel in the Northern parts and also to the Court commonly called the Court of the Dutchy of Lancaster holden before the Chancellor and Councel of that Court And also in the Court of Exchequer of the County Palatine of Chester held before the Chamberlain and Councel of that Court And to all Courts of like Iurisdiction to be hereafter erected ordained constituted or appointed as aforesaid And to the Warrants and directions of the Councel-boards and to the commitments restraints and imprisonments of any person or persons made commanded or awarded by the Kings Majesty his Heirs or Successors in their own person or by the Lords and others of the Privy Councel and every one of them Offenders of this Act shall be impleaded within two years after any offence And lastly provided and be it Enacted That no person or persons shall be sued impleaded molested or troubled for any offence against this present Act unless the party supposed to have so offended shall be sued or impleaded for the same within two years at the most after such
and letting to Ferme the said Office of Clerk of the Market and the Execution thereof in and through all or the most of the several Counties of this Kingdome for great sums of Money which the said Fermours or Grantées by their unjust and undue procéedings in the said Office do extort from his Majesties Subjects again to their great impoverishment and yet little or no redress at all in their said Weights or Measures or any benefit thereby accruing to his Majesty For remedy whereof and for regulating of all Weights and Measures according to the true intent of this Statute and the other Statutes in the behalf formerly made and provided and preventing the said inconveniencies There shall be but one measure one weight and one yard St. 9 H. 3 25. 14 E. 3. 12. 27 E. 3. 10. Be it therefore Enacted by the Kings most Excellent Majesty the Lords and Commons of this present Parliament assembled and by the Authority of the same That from henceforth there shall be but one Weight one Measure and one Yard according to the Standard of the Exchequer throughout all the Realm as well in places priviledged as without Any usage or custome to the contrary notwithstanding And that every Measure of Corn shall be striked without heap And whosoever shall sell by or kéep any other Weight Measure or Yard then as aforesaid whereby any Corn Grain or other thing is bought or sold after six moneths after the end of this present Session of Parliament shall forfeit for every such offence five shillings Forfeiture being thereof lawfully convicted by the Oath of one sufficient Witness before any Iustice of Peace Mayor or other head Officer of the County City or Town Corporate respectively where the said Offence shall be committed Who by vertue of this Act shall have power to administer an Oath in that behalf How to be levyed Which said sum or penalty of five shillings shall be levyed by the Church-wardens and Overséers of the Poor of the Parish or some or one of them where such Offence is or shall be committed to the use of the Poor of the same Parish of the Goods and Chattels of such Offenders by way of Distress and Sale of the Offenders Goods rendring the Overplus to the party so offending And in default of such Distress it shall be lawful for any Iustices of Peace Mayor or other head Officer of the County City or Town corporate respectively to commit the said party to the Prison or Gaol there to remain without Bail or Mainprise untill he shall pay such sums of Money forfeited as aforesaid And be it further Enacted by the Authority aforesaid Clerk of the Market his limits That no Clerk of the Market of the Kings House which now is or hereafter shall be or of the Prince His Highnesse His Heirs or Successours which is or shall be Duke of Cornewall or His or Their Deputy or Deputies shall hereafter execute his or their said Office or Offices respectively in any part of the Kingdom but only within the Verge of the Kings Court where it shall then reside for the time being And that it shall be alwayes hereafter lawful for any Mayor Mayor head Officer and Lords of Liberties have power as clerks of the Market or other head Officer of any City Burrough or Town Corporate or for any Lord or Lords of Liberty Liberties or Franchises his or their Deputy or Deputies or Agents according to their several Liberties and Iurisdictions to have full power to execute the said Offices respectively as they ought or might have done before the making of this Act And for the more ease of his Majesties Subjects Be it further Enacted Forfeiture of âlerke of the Market for offences That if any Clerk of the Market within his aforesaid precincts and limits of the Verge of the Kings house only or any Mayor or other Officer whatsoever who by vertue of this Act shall have power to inquire of any abuses in Weights and Measures shall seal or give allowance unto any other Weight or Measure Weights or Measures other then according to the said Standard of the Exchequer or shall upon reasonable request and warning refuse to seal or give allowance unto such Weight or Measure Weights or Measures as are according to the said Standard of the Exchequer paying only such Fée or Fées for such allowance as by the Statute or Statutes or by ancient custome are in that behalf formerly provided and allowed and no more That then the said Clerk of the Market Mayor and other Officer or Officers of such City Burrough or Town and the said Lord and Lords of Liberty or Liberties and his and their Deputy and Deputies and Agents respectively shall forfeit for every such offence five pounds to be levyed as aforesaid to the use of the poor of the parish where such offence is or shall be committed And be it further Enacted by the Authority aforesaid That if the Clerk of the Market Forfeiture for taking unlawful fines or fees his Deputy or Deputies or Agents within the Verge aforesaid or any Mayor or any other Officer or Officers of any City or Town or any Lord or Lords of Liberties his or their Deputy or Deputies Agents or Assigns respectively shall take or receive of any of his Majesties Subjects by colour of the said Office any common Fine or Fines or any Fées other then are formerly allowed by the Statute or Statutes or ancient custome in that behalf made or used shall take any Fée or Fées or other sum of money Reward or consideration for the making Signing or Examination of any Weights or Measures which have béen formerly Marked or Sealed or shall Impose or Assess or cause to be Imposed or Assessed any Fine or Amerciament Fines or Amerciaments without a due and legal trial of the Offences for which the said Fine or Fines Amerciament or Amerciaments are Imposed or Assessed or shall otherwise misdemean himself in the execution of his said Office and be thereof lawfully convicted He shall forfeit for the first Offence whereof he shall also be so lawfully convicted five pounds And for the second offence ten pounds And for the third offence and every other offence afterwards twenty pounds to be levyed as aforesaid to the use of the pâor of the Parish where such offence shall be committed And be it Enacted That whosoever shall be fined or amerced by vertue of this Act St. 13 R. 1. 4. Persons âined by this Act not to be âined upon any former law Rents of ferms of corn excepted shall not be again fined or amerced for the same offence by vertue of any former Law or Statute Provided alwayes That this Act or Statute shall not extend to the Rents of Ferms or Lands or any Corn or Grain due or payable to any Lord or Lords or any Colledges Houses or other Societies by vertue of any âease or Leases or other Covenant or Agreement
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
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
and other his Lieges of this Realm conducted his Majesty unto His Royal Cities of London and Westminster with all possible Expressions of their Ioy and Loyal Affections in far greater Triumph than any of his most Victorious Predecessors Kings of England returned thither from their Forreign Conquest and both his Majesties Houses of Parliament with all Dutiful and Ioyful Demonstrations of their Allegiance publickly received and cordially congratulated His Majesties most happy Arrival and Investiture in his Royal Throne at his Palace at White-Hall Vpon all which considerations this being the Day which the Lord himself hath made and crowned with so many publick Blessings and signal Deliverances both of his Majesty and his People The intent of keeping the said Day from all their late most deplorable Confusions Divisions Wars Devastations and Oppressions to the end that it may be kept in perpetual Remembrance in all Ages to come and that his Sacred Majesty will with all his Subjects of this Realm and the Dominions thereof and their posterities after them might annually celebrate the perpetual memory thereof by sacrificing their unfeigned hearty publick Thanks thereon to Almighty God with one heart and voice in a most devout and Christian manner for all these publick benefits received and conferred on them upon this most joyful Day Be it therefore Enacted by the Kings most Excellent Majesty the Lords and Commons in this present Parliament assembled and by the Authority of the same That all and singular Ministers of Gods Word and Sacraments in every Church Chappel and other usual place of Divine Service and publick Prayer which now are or hereafter shall be within this Realm of England and the respective Dominions thereof and their Successors shall in all succéeding Ages annually celebrate the Twenty Ninth day of May The 29th of May to be annually celebrated by rendring their hearty publick Praises and Thanksgivings unto Almighty God for all the forementioned Extraordinary Mercies Blessings and Deliverances received and mighty Acts done thereon and Declare the same to all the people there assembled and the Generations yet to come that so they may for ever praise the Lord for the same whose Name alone is Excellent and his Glory above the Earth and Heavens And be it further Enacted All persons to resort to some Church Chappel or publique Place of Thanksgiving the said day That all and every person and persons inhabiting within this Kingdom and the Dominions thereunto belonging shall upon the said day annually resort with diligence and devotion to some usuall Church Chappel or Place where such publick Thanksgivings and Praises to Gods most Divine Majesty shall be rendred and there orderly and devoutly abide during the said publick Thanksgivings Prayers Preaching Singing of Psalmes and other Service of God there to be used and ministred And to the end that all persons may be put in mind of their duty thereon and be the better prepared to discharge the same with that piety and devotion as becomes them Be it further Enacted Notice of this Act to be given the next Lords Day before That every Minister shall give notice to his Parishioners publickly in the Church at morning Prayer the Lords Day next before every such Twenty Ninth day of May for the due observation of the said day And shall then likewise publickly and distinctly read this present Act to the people St. 13 Car. 2. cap. 11. CAP. XV. An Act for the speedy Disbanding of the Army and Garrisons of this Kingdom with Instructions for the same EXP. CAP. XVI Souldiers of the Army Disbanded may Exercise Trades WHereas there are divers Officers and Souldiers now in the Kings Majesties Service Souldiers instrumental in His Majesties Restauration under the Command of his Excellency George Duke of Albemarle Captain General of His Majesties Armies who have béen Instrumental by the Blessing of Almighty God to the Happy Restitution and Restoration of his Sacred Majesty unto His Kingdomes and People and to His Iust Right of Government in the Kingdom of England and the Dominions and Territories thereunto belonging some of which are men that used Trades others that were Apprentices to Trades who had not served out their Times and others who are Apt and Fit for Trades many of which the Wars being now ended would willingly Imploy themselves in those Trades they were formerly accustomed unto or which they are apt and able to follow and make use of for the getting of their Living by their Labour and Industry but are or may be hindred from exercising those Trades in certain Cities Corporations and other places within this Kingdom because of certain by-Lawes and Customs of those places and of a Statute made in the Fifth year of the late Quéen Elizabeth Prohibiting the use of certain Trades by any person that hath not served as an Apprentice to such Trade by the space of seven years Such as were in Service under General Monk 25. April 1660. and instrumental in his Majesties restitution may exercise Trades For remedy whereof And to the end that those persons who were in Actual Service under the Command of the said Captain General on the Five and twentieth day of April in the year of our Lord One thousand six hundred and sixty and were Instrumental to the Happy Restitution of the Kings Majestie unto his Iust Right of Government as aforesaid may not be deprived of a Means of Livelyhood May it please your Majesty that it may be Enacted and be it Enacted by the Kings most Excellent Majesty and the Lords and Commons in this present Parliament assembled and by the Authority thereof That all such Officers and Souldiers who were under the Command of the said Captain General on the Five and twentieth day of April Such as have deserted the Service or refuse the Oath of Allegiance excepted in the said year of our Lord One thousand six hundred and sixty and have not since deserted the Service or refused to take the several Oaths of Supremacy and Allegiance unto the Kings Majesty that now is his Heirs and Successors and that have heretofore used or exercised any Trade though they did not serve out the time of their Apprentiship or any other person imployed as aforesaid under the Command of the said Captain General at the time aforesaid that is apt and able to practise any Trade may set up and exercise such several and respective Trades Mysteries or occupations whereunto he or they have béen bound Apprentice and served any Part of his or their time or any Handicraft or other Trade exercised about Manufactures though he was never bound Apprentice to the same Apprentices to enjoy all Immunities as it they had served their Time in manner following that is to say Such of them as have béen Apprentices as aforesaid may set up and exercise such several and respective Trades whereunto he or they have béen so bound Apprentices as fully as if they had served out their
thousand six hundred sixty one exercise the Trade or Occupation of a Merchant or Factor in any the said places upon pain of the Forfeiture and Loss of all his Goods and Chattels or which are in his possession one third to his Majesty his Heirs and Successors one third to the Governour of the Plantation where such person shall so offend and the other third to him or them that shall inform or sue for the same in any of his Majesties Courts in the Plantation where such offence shall be committed And all Governours of the said Lands Islands Plantations or Territories and every of them are hereby strictly required and commanded and all who hereafter shall be made Governours of any such Islands Plantations or Territories by his Maiesty his Heirs or Sucéessors shall before their entrance into their Government take a Solemn Oath to do their utmost that every the aforementioned clauses and all the matters and things therein contained Governors c. of Plantations to take an Oath for the observance of the aforementioned clauses shall be punctually and bona fide observed according to the true intent and meaning thereof And upon complaint and proof made before His Majesty his Heirs or Successors or such as shall be by Him or them thereunto authorized and appointed that any the said Governours have béen willingly and wittingly negligent in doing their Duty accordingly that the said Governour so offending shall be removed from his Government And it is further Enacted by the Authority aforesaid That no Goods or Commodities whatsoever of the growth production or manufacture of Africa Asia or America or of any part thereof or which are described or laid down in the usual Maps or Cards of those places be imported into England Ireland or Wales Islands of Guernsey and Jersey or Town of Berwick upon Tweed in any other Ship or Ships Vessel or Vessels whatsoever but in such as do truly and without fraud belong only to the people of England or Ireland Dominion of Wales or Town of Berwick upon Tweed or of the Lands Islands Plantations or Territories in Asia Africa or America to His Majesty belonging as the proprietors and right owners thereof and whereof the Master and thrée Fourths at least of the Mariners are English under the penalty of the Forfeiture of all such Goods and Commodities and of the Ship or Vessel in which they were Imported with all her Guns Tackle Furniture Ammunition and apparel one Moyety to his Majesty his Heirs and Successors and the other moyety to him or them who shall seize inform or sue for the same in any Court of Record by Bill Information Plaint or other Action wherein no Essoin Protection or Wager in Law shall be allowed And it is further Enacted by the Authority aforesaid No Goods of forreign groweth or manufacture shall be brought into England c. in English Ships but onely from the places of their said growth c. That no Goods or Commodities that are of forreign Growth Production or Manufacture and which are to be brought into England Ireland Wales the Islands of Guernsey and Jersey or Town of Berwick upon Tweed in English-built shipping or other shipping belonging to some of the aforesaid places and Navigated by English Mariners as abovesaid shall be shipped or brought from any other Place or Places Countrey or Countreys but onely from those of the said Growth Production or Manufacture or from those Ports where the said Goods and Commodities can onely or are or usually have béen first shipped for transportation and from none other Places or Countreys under the penalty of the Forfeiture of all such of the aforesaid Goods as shall be Imported from any other Place or Country contrary to the true intent and meaning hereof as also of the Ship in which they were Imported with all her Guns Furniture Ammunition Tackle and Apparel one Moyety to his Majesty his Heirs and Successors and the other moyety to him or them that shall seize inform or sue for the same in any Court of Record to be recovered as is before exprest All ling stockfish c. oyl c. Whale âins c. imported not caught in vessels by the proprietors themselves c. shall pay double Aliens custom And it is further Enacted by the authority aforesaid That any sort of Ling Stockfish Pilchard or any other kind of dryed or salted fish usually fished for and caught by the People of England Ireland Wales Town of Barwick upon Tweed or any sort of Codfish or Herring or any Oyl or Blubber made or that shall be made of any kind of fish whatsoever or any Whale-fins or Whale-bones which shall be imported into England Ireland Wales or Town of Berwick upon Tweed not having béen caught in Vessels truly properly belonging thereunto as Proprietors and right Owners thereof and the said Fish cured saved and dryed and the Oyl and Blubber aforesaid which shall be accompted and pay as oyl not made by the people thereof and shall be imported into England Ireland or Wales or Town of Berwick upon Tweed shall pay double Aliens custom No goods to be âaâed or carryed from one part of England to another in the vessel of any Alien not denizend c. And be it further Enacted by the authority aforesaid That from henceforth it shall not be lawfull to any person or persons whatsoever to Load or cause to be Loaden carried in any Bottom or Bottoms Ship or Ships Vessel or Vessels whatsoever whereof any Stranger or Strangers born unless such as be Denizens or Naturalized be Owners Part-owners or Master and whereof thrée fourths of the Mariners at least shall not be English any Fish Victual Wares Goods Commodities or things of what kind or Nature soever the same shall be from one Port or Créek of England Ireland Wales Islands of Guernsey or Jersey or Town of Berwick upon Tweed to another Port or Créek of the same The penalty or of any of them under penalty for every one that shall offend contrary to the true meaning of this branch of this present Act to forfeit all such goods as shall be loaden and carried in any such Ship or Vessel together with the Ship or Vessel and all her Guns Ammunition Tackle Furniture and Apparel one Moyety to his Majesty his Heirs and Successors and the other Moyety to him or them that shall Inform Ease and abatement in the book of rates to extend only where three parts of the Marriners be English Seize or Sue for the same in any Court of Record to be recovered in manner aforesaid And it is further Enacted by the authority aforesaid That where any Ease Abatement or Priviledge is given in the Book of Rates to goods or Commodities Imported or Exported in English built Shipping that is to say shipping built in England Ireland Wales Islands of Guernsey or Jersey or town of Berwick upon Tweed or in any the Lands Islands Dominions and
Territories to His Majesty in Africa Asia or America belonging or in his possession That it is alwayes to be understood and Provided that the Master and thrée fourths of the Mariners of the said Ships at least be also English And that where it is required that the Master and thrée fourths of the Mariners be English that the true intent and meaning thereof is that they should be such during the whole voyage unless in case of sickness Death or being taken Prisoners in the Voyage to be proved by the Oath of the Master or other chief Officer of such ships Goods of the growth or manufacture of Muscovy or Russia And it is further Enacted by the Authority aforesaid That no Goods or Commodities of the Growth production or Manufacture of Muscovy or of any the Countries Dominions or Territories to the great Duke or Emperor of Muscovy or Russia belonging As also that no sort of Masts Timber or Boards no foreign Salt pitch Tar Rozin Hemp or Flax Raisins Figs Prunes Olive Oyls no sorts of Corn or Grain Sugar Pot-ashes Wines Vinegar or Spirits called Aquavite or Brandy Wine shall from and after the First day of April which shall be in the year of our Lord One thousand six hundred sixty one be imported into England Ireland Wales or Town of Berwick upon Tweed in any Ship or Ships Vessel or Vessels whatsoever but in such as do truly and without fraud belong to the people thereof or of some of them as the true Owners and proprietors thereof and whereof the Master and Thrée Fourths of the Mariners at least are English Othoman or Turkish Emperor and that no Currants nor Commodities of the growth production or Manufacture of any the Countries Islands Dominions or Territories to the Othoman or Turkish Empire belonging shall from and after the first day of September which shall be in the year of our Lord One thousand six hundred sixty one be imported into any the forementioned places in any Ship or Vessel but which is of English built and Navigated as aforesaid and in no other Except only such forrain ships and vessels as are of the built of that Country or place of which the said Goods are the growth production or Manufacture respectively or of such port where the said Goods can only be or most usually are first shipped for transportation and whereof the Master and Thrée Fourths of the Mariners at least are of the said Country or place under the penalty and Forfeiture of ship and Goods to be disposed and recovered as in the foregoing clause Frauds in concealing Aliens goods how to be prevented Provided alwayes and be it hereby Enacted by the Authority aforesaid That for the prevention of the great frauds daily used in colouring and concealing of Aliens Goods all Wines of the growth of France or Germany which from and after the Twentieth day of October One thousand six hundred and sixty shall be Imported into any the Ports or places aforesaid in any other Ship or Vessel then which doth truly and without fraud belong to England Ireland Wales or Town of Berwick upon Tweed and Navigated with the Mariners thereof as aforesaid shall be déemed Aliens goods and pay all Strangers Customs and Duties to His Majesty his Heirs and Successors as also to the Town or Port into which they shall be Imported And that all sorts of Masts Timber or Boards as also all forraign Salt Pitch Tar Rozin Hemp Flax Raisins Figs Prunes Olive Oyls all sorts of Corn or Grain Sugar Pot-ashes Spirits commonly called Brandy Wine or Aqua-vitae Wines of the growth of Spain the Islands of the Canaries or Portugal Madera or Western Islands and all goods of the growth Production or Manufacture of Moscovy or Russia which from and after the First day of April which shall be in the year of Our Lord one thousand six hundred sixty one shall be Imported into any of the aforesaid places in any other then such shipping and so Navigated and all Currants and Turky Commodities which from and after the first day of September One thousand six hundred sixty one shall be Imported into any the places aforesaid in any other then English built shipping and Navigated as aforesaid shall be déemed Aliens Goods and pay accordingly to his Majesty His Heirs and Successors and to the Town or Port into which they shall be Imported And for prevention of all frauds which may be used in colouring or buying of Forein Ships How to prevent Frauds in colouring and buying Forrein ships Be it Enacted by the Authority aforesaid and it is hereby Enacted That from and after the first day of April which shall be in the Year of our Lord One thousand six hundred sixty one no Forein built ship or Vessel whatsoever shall be déemed or pass as a ship to England Ireland Wales or Town of Berwick or any of them belonging or enjoy the benefit or Priviledge of such a ship or Vessel untill such time that he or they claiming the said ship or Vessel to be theirs shall make appear to the chief Officer or Officers of the customs in the Port next to the place of his or their aboad that he or they are not Aliens and shall have taken an Oath before such chief Officer or Officers who are hereby Authorized to Administer the same That such Ship or Vessel was bona fide and without fraud by him or them bought for a valuable consideration expressing the sum as also the time place and persons from whom it was bought and who are his part Owners if he have any all which part-owners shall be liable to take the said Oath before the chief Officer or Officers of the Custom-house of the Port next to the place of their aboad and that no Forreiner directly or indirectly hath any part interest or share therein and that upon such Oath he or they shall receive a Certificate under the Hand and Seal of the said chief Officer or Officers of the Port where such person or persons so making Oath do reside whereby such Ship or Vessel may for the future pass and be déemed as a Ship belonging to the said Port and enjoy the priviledge of such a Ship or Vessel And the said Officer or Officers shall kéep a Register of all such Certificates as he or they shall so give and return a Duplicate thereof to the chief Officers of the customs at London for such as shall be granted in England Wales and Berwick and to the Chief Officers of the customs at Dublin for such as shall be given in Ireland together with the Names of the person or persons from whom such Ship was bought and the sum of Money which was paid for her as also the Names of all such persons who are part-owners of her if any such be And be it further Enacted by the Authority aforesaid Officers of the custom not to allow any priviledge to any forrein built ship untill certificate or proof
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 mânority 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
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 to Gaol till the next Sessions there to be indicted and procéeded against for the same and that the Officers and Inhabitants of the Village or Parish where such offence shall happen shall be assistant therein and moreover the party grieved shall have his Action or Actions against such offender or offenders and therein recover his treble damages and treble costs In which Action no Essoin Wager of Law Aid-prayer Priviledge Protection Imparlance Iniunction or Order of Restraint No action upon this Statute to be stayed but by Order of the Court where such action depends shall be granted or allowed And if any person or persons shall after notice given that the Action depending is grounded upon this Statute cause or procure any Action at the common Law grounded on this Statute to be delayed or stayed before Iudgment by colour or means of any Order Power Warrant or Authority save onely of the Court where such Action shall be brought and depending or after Iudgment had upon such Action shall cause or procure Execution of such Iudgment to be stayed or delayed by colour or means of any Order Warrant Power or Authority save only by Writ of Errour or Attaint or Order of such Court where such Writof Errour or Attaint shall be depending That then the person so offending shall incur the pains penalties Premunire and forfeitures ordained and provided by the Statute of Provision and Premunire made in the sixtéenth year of the Reign of King Richard the second Provided alwayes That this Act extend not to prejudice any of His Majesties Rights Titles or Duties of in or to or out of any Tinne in the Stannaries of Devon and Cornwall Proviso for the Stannaries Butserage Prisage nor to prejudice the ancient Duties of Butlerage and Prizage of Wines but that the same shall be in the same plight that the same were before the making of this Act any thing herein contained to the contrary in any wise notwithstanding Recompence to his Majesty for the Court of Wards and Purveyances And now to the intent and purpose that His Majesty His Heirs and Successors may receive a full and ample Recompence and Satisfaction as well for the profits of the said Court of Wards and the Tenures Wardships Liveries Primer-Seizins Ousterlemaines and other the Premisses and Perquisites incident thereunto and for all Arrears any way due for the same as also for all and all manner of Purveyance and Provisions herein before mentioned and intended to be taken away and abolished and all sums of money due or pretended to be due or payable for and in respect of any compositions for the same 12 Car. 2. cap. 23. Rates of the Excise Be it therefore Enacted by the Authority aforesaid That there shall be paid unto the Kings Majesty His Heirs and Successors for ever hereafter in recompence as aforesaid the several Rates Impositions Duties and Charges herein after expressed and in manner and form following that is to say For every Barrel of Beer or Ale above six shillings the barrel brewed by the Common Brewer or any other Person or Persons who doth or shall sell or tap out beer or Ale publickly or privately to be paid by the common Brewer or by such other person or persons respectively and so proportionably for a greater or lesser quantity One shilling three pence XV. d. For every barrel of Six shillings Beer or Ale or under brewed by the common Brewer or any other person or persons who doth or shall sell or tap out such Beer or Ale publickly or privately to be paid by the said common Brewer or by such other person or persons respectively as aforesaid and so proportionably for a greater or lesser quantity three pence iij. d. For all Syder and Perry made and sold by retail upon every Hogshead to be paid by the Retayler thereof and so proportionably for a greater or lesser measure One shilling three pence XV. d. For all Metheglin or Mead sold whether by Retail or otherwise to be paid by the maker thereof upon every Gallon One half-penny Ob. For every Barrel of Beer commonly called Vinegar-Beer brewed by any common Brewer in any common Brew-house six pence Vi. d. For every Gallon of Strong-water or Aquavitae made and sold to be paid by the maker thereof One penny i. d. For every barrel of Beer or Ale Imported from beyond the Seas Three Shillings iij. s. For every Tun of Syder or Perry Imported from beyond the Seas and so proportionably for a greater or lesser quantity Five shillings V. s. For every gallon of Spirits made of any kind of Wine or Syder Imported Two pence ij d. For every gallon of Strong-water perfectly made Imported from beyond the Seas Four pence iiij d. For every Gallon of Coffee made and sold to be paid by the maker Four pence iiij d. For every gallon of Chocolatte Sherbet and Tea made and sold to be paid by the maker thereof Eight pence Viij d. And be it further Enacted and Ordained by the Authority aforesaid That the several Rates Rates of Excise upon forreign Liquors imported to be paid in money before landing Duties and Charges of Excise or New Impost above mentioned hereby set or imposed upon all and every the said Forreign Liquors which shall be Imported or brought into all or any the Ports of this Kingdom and Dominions thereof aforesaid from and after the five and twentieth day of December next shall be from time to time satisfied and paid by the Merchant or Merchants Importer or Importers of the same in ready money upon his or their Entry or Entries made and before the landing thereof And be it further Enacted by the Authority aforesaid Entries to be made at the Office of Excise by Common Brewers Inn-keepers c. That all common Brewers of Béer and Ale shall once in every Wéek And all Inn-kéepers Alehouse-kéepers Victuallers and other Retaylers of Béer Ale Syder Perry Metheglin or Strong-water Brewing Making or Retailing the same shall once in every moneth make true and particular Entries at the Office of Excise within the limits of which the said Commodities and Manufactures are made of all Béer Ale Perry Syder Metheglin Strong-Water or other the Liquors aforesaid which they or any of them shall Brew make or Retail in that Wéek and Moneth respectively as aforesaid And be it further Enacted by the Authority aforesaid That all such common Brewers The penalty for not making Entries who do not once a Wéek make due and particular Entries shall forfeit ten pounds And that every such Inn-kéeper who doth not make true and particular Entries once a Moneth shall forfeit five pounds And that every Alehouse-kéeper Victualler or other Retailer who doth not once a moneth make due and particular Entries shall forfeit twenty shillings And be it further Enacted by the Authority aforesaid That every Common Brewer The penalty for not paying who shall not pay and clear off
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 theiâ 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
established in some convenient place within the City of London A master of the Office to be appointed by the King Post-master General from whence all Letters and pacquets whatsoever may be with spéed and expedition sent unto any part of the Kingdoms of England Scotland and Ireland or any other of his Majesties Dominions or unto any Kingdom or Country beyond the Seas at which said Office all Returns and Answers may be likewise received 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 to be made and constituted by Letters Patents under the Great Seal of England by the name and Stile of his Majesties Post-Master General which said Master of the said Office and his Deputy and Deputies by him thereunto sufficiently authorised and his and their Servants and Agents and no other person or persons whatsoever shall from time to time have the receiving taking up ordering dispatching sending Post or with spéed and delivering of all Letters and Pacquets whatsoever which shall from time to time be sent to and from all and every the parts and places of England Scotland and Ireland and other his Majesties Dominions and to and from all and every the Kingdoms and Countries beyond the Seas where he shall settle or cause to be setled posts or running Messengers for that purpose Except such Letters as shall be sent by Coaches common known Carriers of Goods by Carts Waggons or Packhorses and shall be carried along with their Carts Waggons and Packhorses respectively And except Letters of Merchants and Masters which shall be sent by any Masters of any Ships Barques or other Vessel of Merchandize or by any other person imployed by them for the carriage of such Letters aforesaid according to the respective directions And also except Letters to be sent by any private friend or friends in their wayes of journey or travel or by any messenger or messengers sent on purpose for or concerning the private affairs of any person or persons And also except Messengers who carry and recarry Commissions or the Return thereof Affidavits Writs Process or Procéedings or the Returns thereof issuing out of any Court And be it further Enacted by the Authority aforesaid The Post-master General and no other to provide horses for riding post That such Post-Master General for the time being as shall from time to time be made and constituted by His Majesty His Heirs and Successors and the respective Deputies or Substitutes of such Post-Master General and no other person or persons whatsoever shall prepare and provide Horses and furniture to let to Hire unto all Through-posts and persons riding in post by Commission or without to and from all and every the parts and places of England Scotland and Ireland where any post-roads are or shall be setled and established And be it further Enacted by the authority aforesaid That it shall and may be lawful to and for such Post-Master General to be constituted and appointed as aforesaid and his Deputy or Deputies by him thereunto sufficiently authorized to demand have receive and take for the portage and conveyance of all such Letters which he shall so convey carry or send Post as aforesaid and for the providing and furnishing Horses for Through-Posts or persons riding in Post as aforesaid according to the several Rates and Sums of Lawful English money hereafter mentioned Rates for carrying letters not to excéed the same that is to say For the Port of every Letter not excéeding one shéet to or from any place not excéeding fourscore English miles distant from the place where such Letter shall be received Two pence And for the like port of every Letter not excéeding two shéets Four pence And for the like port of every pacquet of Letters proportionably unto the said Rates And for the like port of every pacquet of Writs Déeds and other things after the Rate of Eight pence for every ounce weight and for the port of every Letter not excéeding one shéet above the distance of fourscore English miles from the place where the same shall be received Thrée pence And for the like port of a Letter not excéeding two shéets Six pence and proportionably to the same rates for the like port of all pacquets of Letters and for the like port of every other pacquet of writs Déeds or other things after the rate of Twelve pence of English money for every Ounce weight and for the port of every letter not excéeding One shéet from London unto the Town of Berwick or from thence to the City of London Thrée pence of English money And for the like port of every letter not excéeding two shéets Six pence and proportionably unto the same rates for every pacquet of letters and for every other pacquet of greater bulk One shilling and Six pence for every Ounce weight And for the port of such letters and pacquets as shall be conveyed or carried from the Town of Berwick unto any place or places within forty English miles distance from Berwick or any other place where such letter shall be received Two pence and for every letter not excéeding Two shéets Four pence and proportionably to the same rates for every pacquet of letters and for every other pacquet or parcel Eight pence for every Ounce weight and for every letter not excéeding One shéet to be conveyed or carryed a further distance then Forty English miles Four pence And for the like port of every pacquet of letters Eight pence and proportionably unto the same Rates for the like port of every pacquet of letters and for the like port of every other pacquet One shilling for every Ounce weight and for the port of every letter not excéeding one shéet from England unto the City of Dublin in Ireland or from the City of Dublin in Ireland unto England Six pence of English money and for the like port of every letter not excéeding two shéets one shilling and proportionably to the same rates for every pacquet of letters and for the port of every other pacquet of any kind of greater Bulk Two shillings for every ounce weight and for the Port of such Letters or Pacquets as shall be conveyed or carryed from the City of Dublin unto any other place or places within the Kingdom of Ireland or from any other place unto the said City or to or from any other place within the said Kingdom according to the Rates and sums of English mony hereafter following viz. For every Letter not excéeding one shéet to or from any place within forty English Miles distance from Dublin or any other place where such Letter shall be received Two pence And for every letter not excéeding two shéets Four pence and proportionably to the same Rates for every pacquet of letters and for every pacquet of greater Bulk Eight pence for every Ounce Weight and for every letter not excéeding one shéet to be carryed or conveyed a
further distance then forty English miles Four pence and for the like port of every letter not excéeding two shéets Eight pence and proportionably unto the same Rates for the like port of every pacquet of letters and for the like Port of every Pacquet of greater Bulk One shilling for every Ounce weight and for all and every the Letters Pacquets and parcels of Goods that shall be carried or conveyed to or from any of his Majesties said Dominions to or from any other parts or places beyond the Seas according to the several and respective Rates that now are and have béen taken for Letters Pacquets and parcels so conveyed being rated either by the Letter or by the Ounce weight That is to say Morlaix Saint Maloes Caen Newhaven and Places of like distance Port paid to Roan is for   d Single  vi Double  xii Treble  xviii Ounce  xviii Hamburgh Colen Frankfort Port paid to Antwerp is   d Single  viii Double  xvi Treble  xxiv Ounce  xxiv Venice Geneva Legorne Rome Naples Messina and all other parts of Italy by way of Venice franct pro Mantua  s d Single o ix Double i vi Treble ii iii Ounce ii viii Marcelia Smirna Constantinople Aleppo and all parts of Turky port paid to Marcelia  s d Single i o Double ii o 3 qrs of an ounce ii ix Ounce iii ix And for Letters brought from the said places to England  s d Single o viii Double i iv Treble ii o Ounce ii o And for the port Letters brought into England from Calais Diepe Bulloigne Abbeville Amiens Saint Omers Montrell  s d Single o iv Double o viii Treble i o Ounce i o Roven  s d Single o vi Double i o Treble i vi Ounce i vi Genova Legorn Rome and other parts of Italy by way of Lyons franct pro Lyons  s d Single i o Double ii o 3 qrs of an ounce ii ix Ounce iii ix And of Letters sent outwards To Bourdeaux Rochel Nantes Orleans Byon Tours and places of like distance port paid to Paris  s d Single o ix Double i vi Treble ii iii Ounce ii o And for Letters brought from the same places into England  s d Single i o Double ii o 3 qrs of an ounce iii o Ounce iv o Also Letters sent outwards To Norembourgh Bremen Dantswick Lubeck Lipswick and other places of like distance Post paid to Hamburgh  s d Single i o Double ii o 3 qrs of an ounce iii o Ounce iv o Paris  s d Single o ix Double i vi Treble ii iii Ounce ii o Dunkirk Ostend Lille Ipre Courtrey Gheandt Bruxells Bridges Antwerp and all other parts of Flanders  s d Single o viii Double i v Treble ii o Ounce ii o Slus Flushing Middleburgh Amsterdam Roterdam Delph Hague and from all other parts of Holland and Zealand  s d Single o viii Double i iv Treble ii o Ounce ii o Provided alwayes That all Merchants Accompts not excéeding one shéet of paper Proviso for Merchants and all bills of Exchange Invoyes and Bills of Lading are and shall hereby be understood to be allowed without Rate in the Price of the Letters and likewise the Covers of Letters not excéeding one fourth part of a shéet of paper sent to Marseilles Venice or Legorne to be sent forward to Turky shall be understood to be allowed to pass without rate or payment for the same and according to the same rates and proportions for the Port of Letters pacquets and parcels to or from any of the parts or places beyond the Seas where Posts have not béen heretofore setled and may hereafter be setled by the said Post-Master General for the time being his Executors or Assigns And it shall and may be lawfull to and for such Post-Master General and his Deputy and Deputies to ask demand take and receive of every person that he or they shall furnish and provide with Horses Furniture and Guide to ride Post in any of the Post-roades as aforesaid Thrée pence of English money for each Horses Hire or Postage for every English mile and four pence for the Guide for every Stage And whereas upon the arrival of Ships from parts beyond the Seas into several Ports within his Majesties Dominions many Letters directed to several Merchants and others have béen detained long to the great damage of the Merchants in want of that spéedy advice and intelligence which they might have had if the same had béen forthwith dispatched by the setled Posts and sometimes such Letters have been delivered by the Masters or Passengers of such Ships to ignorant and loose hands that understand not the way and means of spéedy conveyance and delivery Letters whereby great prejudice hath accrued to the affairs of Merchants and others as well by the miscarriage of many Letters so brought as oftentimes by the opening of the same to the discovery of the Correspondencies and secrets of the Merchant Be it further Enacted by the authority aforesaid That all Letters and Pacquets that by any Master of any Ship or Vessel or any of his Company or any Passengers therein shall or may be brought to any Port-Town within his Majesties Dominions or any of the Members thereof other then such Letters as are before excepted or may be sent by common known Carriers in manner aforesaid or by a friend as aforesaid shall by such Master Passenger or other person be forthwith delivered unto the Deputy or Deputies only of the said Post-Master General for the time being by him appointed for the said Port-Town and him or them to be sent Post unto the said general Post-Office to be delivered according to the several and respective directions of the same And be it further Enacted by the aforesaid Authority That no person or persons whatsoever or Body politick or Corporate other then such post-Master General as shall from time to time be nominated and appointed by his Majesty His Heirs or Successors and constituted by Letters Patents under the great Seal of England as aforesaid and his Deputy and Deputies or Assignes shall presume to carry recarry and deliver Letters for Hire other then as before excepted or to set up or imploy any Foot-post Horse-post Coach-post or pacquet-Boat whatsoever for the conveyance carrying Penalties of offending against this Act and recarrying of any Lettters or pacquets by Sea or Land within his Majesties Dominions or shall provide and maintain Horses and Furniture for the horsing of any Thorow-pasts or persons riding in post with a Guide and Horne as usual for Hire upon pain of Forfeiting the sum of five pounds of English money for every several offence against the Tenor of this present Act And also for the forfeiture of the sum of One hundred pound of like English money for every wéeks time that any Offender against this Act shall imploy maintain and
to 12 â 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
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
Commission And in regard of the extraordinary duties which the Forces of the said City that now are and formerly were raised in Order to his Majesties happy Restauration have of late and may again be put to for the safety of his Majesties Person and for suppressing or preventing of Insurrections That it shall and may be lawful for his Majesties Lieutenants of the said City by Warrant from his Majesty to impose and levy yearly in the same so much money as they shall find néedful for defraying the Arrears of those first raised for his Majesties happy Restauration and the Arrears and necessary charge of those that now are and shall be raised with the Ammunition and other incident expences of their Militia in such manner as the present Assessment is now levied and not excéeding in any one year the proportion of One moneths Tax which the said City now pays towards the Tax of Seventy thousand pounds by the moneth And shall be accomptable for the same as by this Act is Ordained Any thing in this Act to the contrary of this Proviso in any wise notwithstanding Proviso for the Officers of Militia of cities and towns corporate Provided always That no Officer or Souldier of the Militia or Trained Bands belonging to any City Borough or Town Corporate being a County of it self or to any other Corporation or Port-Town who have used and accustomed to be Mustered only within their own Precincts shall be compellable to appear out of the Precincts or Liberties of the same City Borough Town-Corporate or Port-Town at any Muster or Exercise only and every of the said Cities Boroughs Towns-Corporate and Port-Towns are hereby chargeable to find their usual Number of Souldiers unless the respective Lieutenants find cause to lessen the same Any thing in this Act to the contrary notwithstanding Covenants between Landlords and Tenants for providing Arms not to be avoyded by this Act. Provided That this Act or any thing herein contained shall not extend to avoid any Covenant or Agréement which hath béen or shall be made betwéen any Landlord and Tenant concerning the finding Horses or Arms or the bearing or paying of any Tares Rates or other charges by any Tenant either by general or special Covenants but that the said Taxes Rates or other Charges shall be born and paid by all respective Tenants according to the said Covenants and Agréements Any thing in this Act to the contrary thereof in any wise notwithstanding Isle of Wight Provided That this Act or any thing therein contained shall not extend to make any alteration in the Isle of Wight as to the Militia in that place either to raise Horse or Foot within the said Island in any other manner then hath béen formerly and is now used and practised there Militia of the Tower Dâvision in Middlesex Provided also And be it Enacted That whereas the Militia of the Tower-Division in the County of Middlesex commonly known by the name of the Tower-Hamlets are and alwayes have béen under the Command of his Maiesties Constable or Lieutenant of the Tower for the Service and Preservation of that his Royal Fort That it shall and may be lawful for his Majesties Constable or Lieutenant of the Tower for the time being to continue to levy the Trained Bands of the said Division or Hamlets of the Tower in such manner and form as to the number and quality of persons as was observed in forming the present Forces thereof Any thing in this Act to the contrary notwithstanding Proviso touching compelling men to march out of this Kingdom Provided That neither this Act nor any matter or thing therein contained shall be déemed construed or taken to extend to the giving or declaring of any power for the transporting of any the Subjects of this Realm or any way compelling them to march out of this Kingdom otherwise then by the Laws of England ought to be done Peers of the Realm how to be charged Provided always And be it Enacted by the Authority aforesaid That no Péer of this Realm shall be charged with Horse Horse-men and Arms or Foot-souldiers and Arms otherwise or in any other manner then is herein after expressed that is to say that his Majesty his Heirs and Successors shall and may from time to time issue out Commissions under the great Seal of England to so many Péers not fewer then twelve as his Majesty his Heirs and Successors shall think fit who or any five or more of them shall have power from time to time to Assess all and every or any the Péers of this Realm according to the Limitations and Proportions in this Act appointed for the finding of horse Horse-men and Arms or Foot-Souldiers and Arms and for other the purposes in this Act mentioned except the Monethly Taxes which are to be levied as is before prescribed in this Act and shall have power to put in execution all and every the Powers and Authorities of this Act as well for laying Assessments as imposing of penalties Imprisonment of the person of any Péer of this Realm only excepted which Assessment or Charge so made together with such penalties as shall be so imposed imprisonment as aforesaid onely excepted shall be from time to time respectively certified to the respective Lieutenants of each County to the intent that the said Charge may be born and the penalties not before excepted levied according to the intent of this Act And that in case there shall be any default in performance of any thing to be done or paid by any Péer by vertue of this Act that then it shall be lawful for the respective Lieutenants Deputy-Lieutenants or any thrée of them to cause Distresses to be taken for the same in any of the lands of such Defaulter within their said Counties or Limits respectively And in case satisfaction shall not be given within the space of one wéek after such Distress taken then such Distresse to be sold for the performance of the said Service and the charge incident thereunto and the Overplus if any be to be restored to the Owner And if a Tenant of any Péer of this Realm shall be distrained for such default as aforesaid the Tenant so distrained is hereby enabled to deduct the sum levied out of his next Rent CAP. XIV There shall be Uniformity of Publique Prayers and administration of Sacraments other Rites and Ceremonies And of Ordaining and Consecrating Bishops Priests and Deacons in the Church of England VVHereas in the first year of the late Quéen Elizabeth there was one Vniforme Order of Common Service and Prayer and of the Administrations of Sacraments Rites and Ceremonies in the Church of England agréeable to the Word of God and usage of the Primitive Church compiled by the Reverend Bishops and Clergy set forth in one Book entituled The Book of Common Prayer and Administration of Sacraments and other Rites and Ceremonies in the Church of England and enjoyned to be
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 provâded 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
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 sâized 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
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 paâment 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
of the Peace That the said Iustices of Peace shall cause all the said Accounts of the several Hearths and Stoves within the respective Counties to be Inrolled by the Clerk of the Peace of the said respective Counties Ridings in Yorkshire and Divisions in Lincolnshire and also a Duplicate thereof in Parchment under the Hands and Seals of thrée or more of the Iustices of Peace of the respective Counties and places aforesaid who are hereby required to sign the same to be returned into his Majesties Court of Exchequer within one moneth next after such account delivered unto them at their respective Quarter-Sessions aforesaid upon pain that the Clerk of the Peace of every such County Riding or Division respectively offending therein shall forfeit to his Majesty his Heirs and Successors the sum of Two hundred pounds for the first moneth and for the second moneth he shall so neglect every such Clerk of the Peace shall forfeit and lose his or their place and office and the same shall become void accordingly which forfeiture and penalty shall be recovered and levied as this Act directs And to the intent that the Revenue hereby arising to his Majesty How the Moneys arising shall be collected received and paid into the Exchequer may from time to time be paid into his Exchequer with as little charge as may be Be it Enacted by the Authority aforesaid That the respective Treasurers and other Officers of the Inns of Court Inns of Chancery Colledges and other Societies aforesaid within their respective Iurisdictions and the several Petty-Constables Tithing-men Head-boroughs and such other Officers within the respective Limits Liberties and Iurisdictions shall every half year within Six days after the said duty shall grow due as aforesaid collect gather and receive the same from the several Occupiers of the said Hearths and Stoves and upon payment thereof shall give several Acquittances without taking any thing for such Acquittances unto the several persons who shall pay the same And that such Acquittances shall be a full and perfect discharge to every such person who shall pay the same against His Majesty His Heirs and Successors so that no person who shall have such Acquittance shall be molested sued or vexed or put to any charge in His Majesties Court of Exchequer or else where Distress and sale of goods in default of payment And be it further Enacted by the Authority aforesaid That in case any person who is hereby charged or intended to be charged to pay any sum or sums of money as aforesaid shall refuse or neglect to pay the same that then every person or persons who is hereby Authorized to collect the same shall and may levy the same by distress and sale of the goods of the person and persons so refusing or neglecting rendring unto the said person and persons the overplus of such money as shall remain in their hands by the said sale after the said duty and necessary charges of levying the same is discharged as aforesaid The duty of Constables Treasurers and Officers impowered to Collect the said duties And be it further Enacted by the Authority aforesaid That the aforesaid Constables Treasurers and other Officers who are hereby Authorized to collect the aforesaid duties shall within Twenty days next after the aforesaid times at which the said duties shall be due to His Majesty as aforesaid pay unto the High Constables of the several Hundreds and respective Limits all such money as they shall receive for the aforesaid duties receiving an Acquittance without paying any thing for the same The allowance for Collecting and deducting Two pence in the pound for their pains in collecting the same And shall also then in writing under his hand deliver unto the said High Constable the names of the persons of whom they receive the same and also the names of such persons who ought to have paid the respective duties yearly charged upon them and have not paid the same where no distress can be had Within what time the money ought to be paid to the High Sheriff And be it further Enacted That the High Constables of the several hundreds and respective limits shall within ten days next after their several receipts from the said Constables Headboroughs Tithingmen and other Officers pay unto the High Sheriffs of every County all such money as they shall so receive deducting a penny in the pound for their pains and shall also then deliver or cause to be delivered unto the said High Sheriffs the several returns which they received from the Constables and other Officers aforesaid And when the High Sheriff ought to pay the same into the Exchequer And the respective Sheriffs shall within thirty days after he or they shall receive the said moneys from the respective Collectors return the same together with the names of such persons who are defaulters and had no distress to be found into His Majesties Court of Exchequer deducting Four pence out of every Twenty shillings and so after that rate whereof Thrée pence to be for the Sheriffs own use as a reward of his pains in receiving and returning the same and One penny to be paid by the Sheriff to the Clerk of the Peace for his pains to be recovered by the said Clerk of the Peace by Action of Debt London Middlesex Provided always and be it Enacted That the High Sheriff of London and Middlesex for the time being for London and so much of the County of Middelsex as lies within the Bills of Mortality other then the Inns of Court and Chancery and the High Sheriff of Surrey for the time being for the Burrough of Southwark Surrey Southwark and all other Sheriffs of any other City or Town being a County of it self for such Cities and Towns respectively shall be and are hereby made Collectors of and for the several duties arising within their several and respective limits For which end and purpose and in those places onely the Constables Tithingmen Headboroughs and other Officers shall deliver unto the Sheriffs of the Cities and places aforesaid Duplicates of the same Accompts of Hearths and Stoves which the said Constables Headboroughs Tithingmen and other Officers are appointed by this Act to take from time to time and to deliver to the Iustices of Peace to be Inrolled as aforesaid And the said Sheriffs of the Cities and places last before mentioned are hereby enabled to levy the said duties and required to give Acquittances without any Fées as fully and amply to all intents and purposes as in this Act is appointed to be done by any other Collectors And the said Sheriffs shall from time to time within Forty days after the said Duties shall be payable by vertue of this Act make payment of all the moneys levied into His Majesties Exchequer with a perfect List of the names of such persons as shall make default of payment where no distress can be found to be taken Any thing in this
charged upon those Commodities by or under the name of Subsidy or Poundage And in case of Exportation there shall be repaid and allowed to the English-man Exporter the sum of Thrée pounds Ten shillings per Tun and to the Alien Four pounds Fiftéen shillings per Tun to be repaid according to the Rules of the Book of Rates now established And whereas the Ingenious Industry of these times hath taught the Dyers of England the Art of fixing the Colours made of Logwood Logwood or Blockwood alias Blockwood so as that by experience they are found as lasting and serviceable as the Colours made with any other sort of Dying-wood whatsoever 23 El. cap. 9. And whereas by a Statute made in the thrée and twentieth year of the Reign of Quéen Elizabeth of famous Memory Entituled Logwood and Blockwood shall not be used in Dying of Cloth 39 El. cap. 11. c. And by another Statute made in the Nine and thirtieth year of the aforesaid Quéen Elizabeth Entituled The Penalty for mixing or using of Logwood in Dying Cloth or other Stuff all Logwood alias Blockwood that shall be found within this Kingdom shall be forfeited and openly burned with divers other Pains Penalties and Forfeitures upon such as shall use the same in Dying-Cloth or other Commodities as by the said several Acts aforesaid may and doth appear Be it further Enacted by the Authority aforesaid That the aforesaid Statutes and either of them be and are hereby Repealed and made void as to all Clauses Articles Provisions and Penalties in any wise relating to the prohibition or use of Logwood alias Blockwood And that from and after the first day of February One thousand six hundred sixty and one It shall and may be lawful to and for any person or persons freely to import into this Kingdom of England Dominion of Wales and Town and Port of Berwick upon Tweed any quantities of Logwood alias Blockwood and fréely to use the same in Dying or Colouring any sort of Goods or Manufacture whatsoever the aforesaid two Statutes or any other Law Statute Vsage Custom Patent of priviledge Proclamation or other Restraint Matter or Thing to the contrary thereof in any wise notwithstanding Imposition upon Logwood imported 12 Car. 2. cap. 18. Provided That such Importation be according to the Rules prescribed and enjoyned in the late Act Entituled An Act for encouraging and encreasing of Shipping and Navigation and paying a Subsidy to the Kings Majesty His Heirs and Successors for every Tun of the said Logwood alias Blockwood so to be Imported after the rate of Five pounds and after that rate for any greater or lesser quantity according to such Rules and under such Penalties as are provided for all other Imported Goods in a late Act Entituled An Act of Subsidy granted to the King of Tunnage and Poundage 12 Car. 2. ca. 4. and other Sums of Money payable upon Merchandize Exported and Imported Excepting onely that for all of the said Commodities Exported according to the Rules of the Book of Rates there shall be repaid to the Exporter the Sum of Four pounds per Tun the said Rate for Logwood alias Blockwood to be Collected and Levied for such time and in such manner as by the Act of Tunnage and Poundage is directed and appointed And be it further Enacted That all Actions Suits and Informations to be had and commenced upon the Act For incouraging and increasing of Shipping and Navigation or any Clause or Article therein may be entred and prosecuted in his Majesties Court of Exchequer at Westminster That upon all such Suits and Informations to be brought upon the Act of Tunnage and Poundage and the Act aforesaid or any other Act or Statute concerning the Importation of Goods or Merchandize from the parts beyond the Seas Onus probandi of property of goods claimed to lie upon the Owner or Claimer if the property thereof be claimed by any person or persons as the Importer thereof in such case Onus Probandi shall lie upon the Owner or Claimer thereof Provided that in case the seizure or Information shall be made upon any Clause or Thing contained in the late Act Entituled An Act for the incouraging and increasing of Shipping and Navigation Commission and time to examine witnesses beyond the Sea that then the Defendant or Defendants shall on his or their request have a Commission out of the High Court of Chancery to examine Witnesses beyond the Seas and have a competent time allowed for the return thereof before any tryal shall be had upon the Case according to the distance of place where such Commission or Commissions are to be executed and that the Examination of Witnesses so returned shall be admitted for evidence in Law at the Tryal as if it had béen given Viva voce by the Examinate in Court Any Law Statute or Vsage to the contrary in any wise notwithstanding And be it also Enacted and Ordained by the Authority aforesaid In what cases Writs of delivery may be granted That no Writ of Delivery shall be granted out of the Court of Exchequer for Goods Seized but upon good Security and that for Goods perishable onely or in cases where the Informer shall deferor delay his coming to as spéedy a Tryal as the Course of that Court will permit and shall be thereby Ordered and Directed And be it further Enacted by the Authority aforesaid That one Moyety of all the Forfeitures before in this Act mentioned and appointed shall be to the Kings Majesty his Heirs and Successors and the other Moyety to such person or persons as shall Seize or Sue for the same by Bill Plaint or Information in his Majesties Court of Exchequer or any other his Majesties Courts of Record wherein no Essoin Protection or Wager of Law shall be allowed And be it further Enacted and Ordained That all Officers belonging to the Admiralty All Officers and persons to be aiding the Officers and persons for management of the Customs Captains and Commanders of Ships Forts Castles and Block-houses as also all Iustices of the Peace Mayors Sheriffs Bailiffs Constables and Headboroughs and all the Kings Majesties Officers Ministers and Subjects whatsoever whom it may concern shall be aiding and assisting to all and every person and persons which are or shall be appointed by his Majesty to manage his Customes and the Officers of his Majesties Customes and their Respective Deputies in the due Execution of all and every Act and Thing in and by this present Act required and enjoyned And all such who shall be aiding and assisting unto them in the due execution hereof shall be defended and saved harmless by vertue of this Act. And be it hereby also Enacted That all Deputies Clerks and Servants about the Customs to be sworn for their truth and faithfulness therein Clerks and Servants which now have any place or Office in or about the Customs and Subsidies by and under the Commissioners
or seised by any person or persons Bodies Politick or Corporate and not having accounted for the same to any Authority or pretended Authority Vsurping the Government of this Nation and not pardoned by the Act of Oblivion That all such person or persons Bodies Politick or Corporate shall account and pay the same to his Royal Highness James Duke of York your Majesties onely Brother Lord High Admiral of England or Lord Warden of the Cinque Ports upon suit for the same in the High Court of Admiralty Any thing in this Act the absence of the Lord High Admiral during these late troubles or the persons not having béen imployed or authorized by the said Lord High Admiral to the contrary in any wise notwithstanding Provided alwayes and be it Enacted by the Authority aforesaid How in defect of Iurisdiction in the Admiralty suit may be in the Exchequer That in case of defect of Iurisdiction in the Court of Admiralty for the recovering and levying of any such Prizes Goods matters and things aforesaid That then in such case upon Certificate thereof from the said Court of Admiralty made into his Majesties Court of Exchequer spéedy procéedings shall be had in the said Court of Exchequer for the recovering and levying of the Prizes Goods matters and things aforesaid according to Law and Iustice CAP. XV. The Trade of Silk-throwing regulated VVHereas the Company of Silk-throwers within the City of London and Liberties The Silk-throwers of London incorporated by Patent 5 Car. 1. and all their Servants and Apprentices within four Miles thereof were quinto Caroli primi Incorporated and made one Body Politick and are known by the name of the Master Wardens Assistants and Commonalty of the Trade Art or Mystery of Silk-throwers of the City of London And whereas the said Trade is of singular use and very advantagious to this Commonwealth by imploying the poor there being imployed by the said Company in and about the City of London as is expressed in their Petition above forty thousand men women and children who otherwise would unavoidably be burthensome to the places of their aboad And whereas the present Governours of the said Company by their Petition pray an enlargement of their Charter whereby they may be the better enabled to avoid the many deceits and inconveniencies they daily méet withal by Intruders who have not béen brought up Apprentices to the said Trade and others who settle themselves beyond the limits of their said Charter on purpose to avoid the Searchers and Supervision of the said Governours by which means they are at liberty to make and vend what Wares they please to the disparagement of the said Trade and discouraging of the Petitioners and all others of the said Trade that have duly served Apprentice thereunto according to the known Laws of this Nation For remedy whereof Be it Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by Authority of the same None shall use the trade of a silk-thrower but such as have served as apprentices seven years That from and after the twenty fifth day of December which shall be in the year of our Lord One thousand six hundred sixty and two no person or persons whatsoever shall directly or indirectly use exercise continue or set up the said Trade Art of Mystery of a Silk-thrower within this Realm of England unless such as are or shall be Apprentices to the said Trade or shall have served seven years Apprentiship thereunto at the least upon pain that every person so offending contrary to this Act shall pay The penalty forfeit and lose the sum of forty shillings for every moneth the said person shall use or exercise the said Trade the one moyety thereof to the use of his said Majesty his Heirs and Successors and the other moyety thereof to such person or persons as shall sue for the same in any of the Courts of Record within this Realm of England Before whom to be recovered or before any the Iustices of Oyer and Terminer or the Iustices of the Peace at their Quarter-Sessions of the Peace by Action of Debt Bill Plaint or Information or by any other lawful ways or means whatsoever wherein no Protection Wager of Law or Essoign shall be allowed And for the better enabling of the said Master Wardens Assistants and Commonalty of Silk-throwers and their Successors in their Government Be it further Enacted by the Authority aforesaid That all and every person and persons whatsoever now using or exercising as Masters the said Art Every person using the trade in London and Westminster shall enter himself of the said corporation And be subject to the laws orders thereof The penalty Trade or Mystery or such as have served as Apprentices to the said Trade by the space of seven years at the least within the said Cities of London and Westminster and the several Suburbs thereof or within twenty miles compass of them or either of them shall before the twenty fifth day of December which shall be in the year of our Lord one thousand six hundred sixty and two be admitted and are hereby enjoyned to enter themselves into the said Society or Corporation and to perform and be subject and obedient to all such Statutes Laws Orders Ordinances and Constitutions as are or shall be made or ordained for or concerning the Exercise Regulation or Government of the said Art Trade or Mystery or of any person or persons using or exercising the same upon pain of forfeiture of the sum of forty shillings for every moneth he or they shall use or exercise the said Trade after the said twenty fifth day of December One thousand six hundred sixty and two the one moyety thereof to the use of his said Majesty his Heirs and Successors and the other moyety thereof to such person and persons as shall sue for the same in any the Courts of Record within this Realm of England or before any the Iustices of Oyer and Terminer or the Iustices of Peace at their Quarter-Sessions of the Peace by Action of Debt Bill Plaint or Information or by any other lawful wayes or means whatsoever wherein no Protection Wager of Law or Essoin shall be allowed Provided That such Laws Orders Ordinances and Constitutions so made or which shall be made be not contrary but agréeable with the Laws and Statutes of this said Realm and the Customs of the said City of London The power of the masters wardens and assistants And be it further Enacted by the Authority aforesaid That the said Masters Wardens Assistants and Commonalty and their Successors shall and may have and enjoy and that it shall and may be lawful to and for them from time to time and at all times hereafter to do perform and execute within the said Cities of London and Westminster and the several Suburbs thereof
Heirs and all claiming under them all right to the said Rectories and Premisses as hath accrued unto them before the Ninetéenth day of May One thousand six hundred sixty and two And be it further Enacted by the Authority aforesaid That all Tenants Lessées How Tenants and Lessees under such Estates shall pay their Rents and Occupiers of all such Advowsons Rectories Impropriate Gléeb-Lands Tithes and premisses so granted or setled to or upon such Trustées as aforesaid for the uses or purposes aforesaid shall pay all such Rents as shall hereafter grow due and payable to such persons onely unto whom the right and interest of and in the same Advowsons Rectories Gléeb-Lands Tithes and premisses before the said Conveyances or Assurances intended to be annulled and made void by this present Act did or should of right belong or appertain And whereas the said Conveyances and Assurances in and by this Act intended to be made void were some of them of Estates in Fée-simple and some of them long Terms for years made to Trustées Rents and sums appointed for augmentation of certain Vicarages who redemiled the same at and under such yearly Rents and Sums of Money as were then appointed to be the Augmentation of certain Vicarages or maintenance for preaching Ministers since which time many of the Rectories and Lands so Conveyed and Leased have béen absolutely sold and the Redemises thereof granted and assigned by the Owners thereof for the benefit of such purchasers Be it further Enacted and Ordained by this present Parliament and by the Authority of the same That the said Purchasers their Heirs and Assigns shall pay and the said former Owners of the said Lands and Rectories their Executors Administrators and Assigns shall have hold and enjoy the said Rents and sums of Money so reserved for the Augmentation of the said Vicarages and maintenance for Preaching Ministers upon the said several Redemises and shall have the same and the like remedies by Distress or by Action of Debt for the recovery thereof as the said Trustées who Redemised the same should or might have had if this Act had not béen made CAP. XXVI Abuses committed in the Weight and false Packing of Butter Reformed FOrasmuch as Butter is one of the principal Commodities of the product of this Kingdom and is not only of an universal use Expence at home The Contents of a Kilderkin of Butter but very great quantities thereof are Transported beyond the Seas And whereas by Custom time out of mind used every Kilderkin of Butter ought to weigh One hundred thirty and two pounds gross at the least that is to say One hundred and twelve pounds of Neat Butter and the Cask Twenty pounds The Firkin The Firkin of Butter ought to weigh Sixty and four pounds viz. Fifty and Six pounds of good Merchantable Butter Neat and the Cask Eight pounds And the Pot of Butter ought to weigh Twenty pounds The Pot. viz. Fourtéen pounds of good and Merchantable Butter Neat and the Pot Six pounds And whereas great Complaint hath béen made by the Traders in Butter and Chéese That by the Fraudulent dealing and practice of several Farmers Owners and Packers of Butter and by their irregular manner of weighing with Stones Iron Wedges Bricks and other unwarrantable Weights the same quantities of Butter are not put up into the respective Cask and Pots aforesaid and the Kilderkin is Commonly made to weigh Six and twenty pounds and sometimes Eight and twenty pounds and the Firkin to weigh Ten pounds or Twelve pounds and sometimes Thirtéen or fourtéen pounds weight and the Pots are made generally to weigh Seven pounds and some of them Eight pounds or Nine pounds weight and much bad and decayed Butter is mixed and Packed up into Kilderkins Firkins and other Cask and Pots with sound and Good Butter and immoderate quantities of Salt intermixed to the spoil of the same and to the great wrong and abuse of his Majesty in the Victualling of His Navy of Merchants in the Victualling of their Ships and of all Traders in the said Commodity and of all Housholders who buy the same for their expence and to the great dishonour of the English Nation in the parts beyond the Seas and to the bringing of the said Commodity into great disrepute abroad whereby it yields not that price nor is vented there in such quantities as otherwise it would For remedy whereof Be it Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal A Kilderkin of Butter shall contain 112 l. besides the Cask and Commons in this present Parliament Assembled That from and after the First day of June which shall be in the year of our Lord One thousand six hundred sixty and two every Kilderkin of Butter do and shall contain One hundred and twelve pounds Neat or above every pound containing sixtéen Ounces besides the Taxe of the Cask The Firkin 56. l. and not less of good and Merchantable Butter Every Firkin and Butter do and shall contain Fifty six pounds Neat or above besides the weight of the Cask of good and Merchantable Butter and every Pot of Butter do and shall contain fourtéen pounds Neat or above besides the weight of the Pot The Pot 14. l. of good and Merchantable Butter And that no Butter which is Old or Corrupt shall be mixed or packed up into any Kilderkin Firkin or other Cask Vessel or Pot whatsoever with any Butter which is New and Sound No old Butter shall be mixed with new nor any Whay-Butter shall be packed or mixed with any Butter that is made of Cream but that the said respective sorts of Butter shall be packed up severally and apart by themselves and shall not be mixed one with another and that every Cask or Pot of Butter shall be of one sort and goodness throughout such Cask and Pot Nor Whay-butter and that no Butter shall be salted with any great Salt but that all Butter shall be salted and saved with small Salt nor more Salt shall be intermixed with it then shall be néedful for its preservation The penalty upon pain and penalty that every Owner Farmer or Packer of Butter not putting up in each Kilderkin Firkin and Pot of Butter to be sold or to be exposed to sale respectively such quantities as aforesaid or offending in false packing as aforesaid for every such offence shall forfeit the value of all the Butter so false packed and for every offence where any Kilderkin Firkin or Pot shall be found to contain a lesser quantity of Butter then by this Act is appointed six times the value of every pound of Butter that shall be wanting in any such Cask or Pot. And to the intent that the benefit intended by this Act may be extended with full effect to all persons who do either cut out Butter by Retail or expend it Be it further Enacted
beyond the Seas any Letters Founded or Cast nor shall buy any such Letters for Printing Printing-Presses or other Materials belonging unto Printing unless he or they respectively shall first acquaint the said Master and Wardens of the said Company of Stationers for the time being or some or one of them for whom the same Presses Iron-work or Letters are to be made forged cast brought or imported upon pain that every person who shal erect any such Printing-Press or shal demise or let any House or Room or suffer the same to be held or used and every person who shall make any Printing-Press or any Iron-work for a Printing-Press or shall make import or buy any Letters for Printing without giving notice as aforesaid shall forfeit for every such offence the sum of Five pounds the one Moyety whereof shal be to the use of our Soveraign Lord the King His Heirs and Successors and the other Moyety to the use of such person or persons as shall sue for the same Who and how many shall be Master Printers And be it further Enacted by the Authority aforesaid That for the time to come no man shall be admitted to be a Master-Printer until they who are now actually Master-Printers shall be by death or otherwise reduced to the number of Twenty and from thenceforth the number of Twenty Master-Printers shall be continued and no more besides the Kings Printers and the Printers allowed for the Vniversities to have the use and exercise of Printing of Books at one time and but Four Master Founders of Letters for Printing The which said Master-Printers and Four Master Founders of Letters for Printing shall be nominated appointed and allowed by the Lord Archbishop of Canterbury and Lord Bishop of London for the time being And in case of Death of any one of the said Four Master Founders of Letters or of the said Master Printers or of Forfeiture or avoidance of any of their places and priviledges to Print by vertue of this Act Master Founders of letters for Printing for any Offence contrary to the same or otherwise That then the Lord Archbishop of Canterbury and Lord Bishop London for the time being or one of them shall nominate and appoint such other fit person or persons to succéed and supply the place of such Master Printer or Founder of Letters as shall be void by Death Forfeiture or otherwise as aforesaid And every person and persons which shall hereafter be allowed or permitted to have the use of a Printing-Press or Printing-House upon or before such his allowance obtained shall become bound with Sureties to his Majesty in the Court of Kings-Bench or before some one or more of the Iustices of Assize or the Iustices of the Peace at their several Quarter-Sessions in the sum of Thrée hundred pounds not to print or suffer to be printed in his house or press any Book or Books whatsoever but such as shall from time to time be lawfully Licensed And be it further Enacted by the Authority aforesaid Who only may keep above two Printing-Presses That none of the said Master Printers so to be allowed from time to time as aforesaid shall kéep above Two Printing-Presses at once unlesse he hath béen Master or Vpper-Warden of the Company who are hereby allowed to kéep Thrée Presses and no more unless for some great and special occasion for the Publique he or they have for a time leave of the said Lord Archbishop of Canterbury or Lord Bishop of London for the time being or to have or use one or more above the aforesaid Number as their Lordships or either of them shall think fit And be it also Enacted by the Authority aforesaid What number of Apprentices they may retain That no Printer or Printers Except the Kings Printers nor Founder or Founders of Letters for printing shall take or retain any more or greater number of Apprentices then is herein after limited and appointed that is to say Every Master Printer and Master Founder of Letters for Printing that is or hath béen Master or Vpper Warden of his Company may have thrée Apprentices at one time and no more And every Master Printer and Master Founder of Letters for Printing that is of the Livery of his Company may have two Apprentices at one time and no more And every Master Printer and Master Founder of Letters for printing of the Yeomanry of his Company may have one Apprentice at one time and no more neither by Copartnership binding at the Scriveners nor any other way whatsoever Neither shall it be lawful for any Master Printer or Master Founder of Letters when any Apprentice or Apprentices shall run or be put away to take another Apprentice or other Apprentices in his or their place or places unless the name or names of him or them so gone away be rased out of the Hall-Book and never admitted again And because a great part of the secret printing in corners hath béen caused for want of Orderly Imployment for Iourneymen-Printers The said several Master Printers Iourney-men Printers and Founders of Letters to be imployed and Master Founders of Letters for printing so to be allowed as aforesaid are hereby required to take special Care that all Iourney-men-Printers and Iourney-men-Founders of Letters for printing who are lawfully Frée of the said respective Mysteries be set to Work and Imployed in their respective Trades And if any such Iourney-man-Printer or Iourney-man-Founder of Letters being of honest and good behaviour and able in his Trade do want Imployment he shall repair to any of the said Master Printers or Master Founders of Letters respectively for the time being who thereupon shall receive him or them into Work If such Master Printer or Master Founder of Letters have not a Iourney-man already although such Master Printer or Master Founder of Letters respectively with his Apprentice or Apprentices be able without the help of the said Iourney-man to discharge his own Work upon pain that every Master Printer and Master Founder of Letters respectively refusing to receive such Iourney-man repairing to him as aforesaid shall forfeit Five pounds to be recovered by Bill Plaint or Information in any Court of Record wherein no Essoign Wager at Law Priviledge or Protection shall be admitted the Moyety of which Forfeiture shall go to the Kings Majesty his Heirs and Successors and the other Moyety to the Informer who shall sue for the same within six moneths next after the said offence committed And if any Iourney-man or Iourney-men Printers or Founders of Letters for printing shall refuse imployment being offered to him or them by any Master Printer or Master Founder of Letters respectively or neglect it when he or they have undertaken it he or they so refusing or neglecting shall suffer Thrée moneths Imprisonment at the least without Bail or Mainprize upon Conviction of such his said refusal or neglect by two Witnesses before any one or more Iustice or Iustices of the Peace who
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 âought 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 impââted contrary to the true intent and meaning hereof and of the Ship or Vessel in which it was Imported One moyety of which forfeitures shall be to his Majesty his Heirs and Successors and the other moyety to him or them that shall inform seise or sue for the same to be recovered by Bill Plaint or other Action wherein no Essoign Protection or Wager in Law shall be allowed And be it further Enacted and it is hereby Enacted by the Authority aforesaid Duties to be paid upon importation of salted or dried Fish That for the following sorts or kinds of salted or dried Fish which from and after the said First day of August shall be imported into England Wales or
and payable for the same be fully satisfied and paid And that every Warrant for the landing or delivering of any such Forreign Liquors shall be Signed by the hand of the said Officer or Collector of the Excise in the said Port or Place respectively upon pain that all such Foreign Liquors as shall be landed put on shore or delivered contrary to the true intent and meaning hereof or without the presence of an Officer or Waiter for the Excise or the value thereof shall be forfeited and lost the one moyety to the Kings Majesty and the other moyety to him or them who shall or will Seise Inform or Sue for the same to be recovered of the Importer or Proprietor thereof And that no person or persons whatsoever bringing any Exciseable Liquors except Béer Ale Sider Perry and Metheglin into any part or place of this Realm by Coast Cocquet Transire or Certificate nor any person or persons to whom the same or any of them shall be consigned shall land or cause any such Exciseable Liquors except before excepted to be landed or put on shore without making or causing due Entry to be made of the same with the Officer or Officers of the Excise for the time being appointed to receive and take such Entries within the Port or Place where the same shall be landed upon pain in every such case as aforesaid to forfeit double the value of the said Liquors landed or put on shore contrary to the true intent and meaning hereof Appeals in causes of Excise Provided also and be it further Enacted and Ordained by Authority aforesaid That no Appeal in any Cause of Excise whatsoever shall be admitted until the Party Appellant shall have first Deposited and laid down the single Duty of Excise in the hands of the Commissioners Farmers or Sub-Commissioners of Excise within whose Iurisdiction or Division the said Cause was originally heard and determined and have given Security to the Commissioners of Appeal or Iustice of the Peace respectively where such Cause is to be finally Adjudged for all such Fine Forfeiture and Penalty as upon such hearing and determination was Adjudged against him And that if upon the hearing and determining of any such Appeal the said Original Iudgment shall happen to be reversed and made null then and in every such case the said Commissioners Farmers or Sub-Commissioners of Excise in whose hands the said single Duty of Excise was deposited shall restore and deliver back the same or as much thereof as shall be adjudged by the Commissioners of Appeals or Iustices of the Peace respectively to the said Appellant and the party originally prosecuted shall pay him double Costs But in case the first Iudgment shall be affirmed the party Appealing shall pay the like Costs unto the Commissioner or Commissioners complained of Any thing in this Act or any other Act or Statute whatsoever to the contrary thereof contained in any wise notwithstanding Excise upon Vinegar-beer And be it further Enacted by Authority aforesaid That all and every person or persons whatsoever Brewing or Making any Béer whether in a common Brew-house or otherwise for sale or to convert into Vinegar for sale shall pay for every Barrel of such Vinegar-Béer so made and brewed the several and respective sums already imposed and set by any the Acts of Excise above mentioned upon Vinegar-Béer brewed by any common Brewer in any common Brew-house Any thing in the said Acts or either of them to the contrary notwithstanding Colledges and Halls in the Vniversity And is it hereby further Declared That every Colledge and Hall in either of the Vniversities which before the Duty of Excise was imposed did brew their own Béer and Ale within their own Precincts and size it out to their respective Members within their own Precincts only are not liable to the payment of any Duty of Excise for the same either by this or any the forementioned Acts. Provided also and be it Enacted That all Differences Appeals and Complaints that shall happen and arise betwéen party and party Complaints to be determined in the proper counties in order to the payment of the Duty of Excise shall be heard and determined in the proper County or in the several Ridings and Divisions of Yorkshire and Lincolnshire where they shall arise and not elsewhere Commissioners or Farmers may take no Fees And be it further Enacted by the Authority aforesaid That no Farmer Commissioner Sub-Commissioner or other Officer of Excise shall directly or indirectly take or receive any Mony Fée or Reward for or concerning the taking of any Bond or giving any Receipt or Note in Writing relating to the Excise to or from any person or persons whatsoever upon pain that every such person so offending shall for every such offence forfeit the sum of Ten shillings Who may hear and determine matters upon this Act. And be it further Enacted by the Authority aforesaid That the Iustices of the Peace or any two or more of them or Chief Magistrates in the several Counties Cities Divisions and Places within England and Wales respectively shall méet once in every moneth in their respective Divisions or oftner if there shall be occasion to hear determine and to adjudge all matters and offences against this or the aforesaid Acts. How the penalties upon this Act shall be disposed and recovered And be it further Enacted by the Authority aforesaid That one third part of all Fines Penalties and Forfeitures not herein otherwise disposed shall be to the Kings Majesty His Heirs and Successors one other third part to the poor of the Parish where the Offence shall be committed the other third part to him that shall inform and sue for the same And that all Fines Penalties and Forfeitures for which no remedy is Ordained for recovery thereof by this Act shall be recovered by Action of Debt Bill Plaint or Informations in any Court of Record within such County City or Corporation where the Offence shall be committed or by such other ways and means and in such manner as by the said former Act is directed and appointed Appeals for matters in London and the limits thereof Provided alwayes That after the said Third day of September no Appeal in any Matter or Cause of Excise within the immediate Limits of the Chief Office of London nor within the Limits of the present Farm of London during the continuance of such Farm shall be admitted unless the same be brought within Two Moneths next after the first Iudgment and notice thereof given or left at the Dwelling-house of the party or parties concerned therein nor shall any Appeal in any Matter or Cause of Excise in any other County City Town or Place be admitted unless the same be brought within Four Moneths after the first Iudgment and notice given as aforesaid Any thing in this Act to the contrary notwithstanding Provided nevertheless And it is hereby Enacted That no
of Law or Equity wherein no Protection Wager of Law or Essoign shall lie Provided also Proviso for Daniel Oneale Esquire EXP. That nothing herein contained shall make void the Grant made by His Majesty to Daniel Oneale Esquire of the Office of Post-Master-General or general Letter-Office or Post-Office for four years and one quarter of a year from the said Five and twentieth day of March in the year of our Lord One thousand six hundred sixty and thrée under the yearly Rent of One and twenty thousand five hundred pounds for all the said Term Except the last Quarter which is paid aforehand so as the said Rents be paid unto his said Highness James Duke of York and to the Heirs Males of his Body begotten or to be begotten Provided also And it is hereby further Enacted and Declared That it shall and may be lawful for the Kings Majesty His Heirs and Successors at any time or times during the said Estate Tail by Warrant under His Privy-Seal to charge any Sum or several Sums of Money not excéeding in the whole the Sum of Five thousand thrée hundred fourscore and two pounds ten shillings to be paid out of the profits of the Office of Post-Master-General to the which said Sum of Five thousand thrée hundred fourscore and two pounds ten shillings the several Sums and Payments now already charged thereupon do in the whole amount the Grant of which Sums are not to be avoided by this Act And which said Sums of Money not excéeding the said Sum of Five thousand thrée hundred fourscore and two pounds ten shillings to be granted by His Majesty as aforesaid are and shall be by Authority of this Act confirmed and made in full force His Majestie may nominate the Post-Master-General Provided further That the Kings most Excellent Majesty His Heirs and Successors shall have the nomination of the Post-Master-General of the said Post-Office and shall from time to time nominate and appoint such person and persons as he or they shall please to be Post-Master-General of the said Office and may grant the same Office with the Power and Authority thereunto belonging and the said Rates of Portage in the said Act mentioned either for site or term of years not exceeding One and Twenty years to such person or persons as he or they shall think fit under the most improved yearly Rent that can be reasonably had or gotten for the same by the said Duke or the Heirs males of his Body begotten or to be begotten without Fines the said yearly Rent to be reserved and payable to the said Duke and to the Heirs males of His Body begotten or to be begotten and also under such Covenants Conditions and Agréements as the said Duke or the Heirs males of his body begotten or to be begotten shall think fitting Any thing in this present Act contained to the contrary notwithstanding The Duke may joynture any wife in a third part of the Profits Provided alwayes and it is hereby Declared That it shall and may be lawful to and for the said James Duke of York and the Heirs males of his Body begotten and to be begotten to settle any part of the said Premisses not excéeding a Third part of the clear yearly value over and above all Charges and Reprises for a Ioynture for his or their Wife or Wives and also to Lease any other part of the said Premisses for any number of years not excéeding One and Twenty years and not excéeding one other third part of the clear yearly value of the Premisses over and above all other Charges and Reprises in order to raise Portions for his or their younger Children Proviso for the Vniversities Provided also That this Act or any thing therein contained shall not in any wise be prejudicial to the Priviledge of the two Vniversities of this Land or either of them or to the Chancellor or Schollars of the same or their Successors but that they may use and enjoy such Priviledges as heretofore they have lawfully used and enjoyed Any thing herein to the contrary notwithstanding Proviso for the company of Vintners of London Provided also That this Act or any thing therein contained shall not extend or be prejudidicial to the Master Wardens and Fréemen and Commonalty of the Mystery of Vintners of the City of London or to any other City or Town Corporate but that they may use and enjoy such Liberties and Priuiledges as heretofore they have lawfully used and enjoyed Any thing herein contained to the contrary in any wise notwithstanding Provided also And be it Enacted by the Authority aforesaid That this Act or any thing therein contained Proviso for the Borough of St. Albans shall not in any wise extend to debar or hinder the Mayor and Burgesses of the Borough of Saint Albans in the County of Hertford or their Successors from enjoying using and exercising of all such Liberties Powers and Authorities to them heretofore granted by several Letters Patents under the Great Seal of England by Quéen Elizabeth and King James of famous Memories for the Erecting Appointing and Licensing of Thrée several Wine-Taverns within the Borough aforesaid for and towards the maintenance of the Frée-School there but that the same Liberties Powers and Authorities shall be and are hereby established and confirmed and shall remain and continue in and to the said Mayor and Burgesses and their Successors to and for the Charitable use aforesaid and according to the tenour of the Letters Patents aforesaid as though this Act had never béen made Any thing herein contained to the contrary in any wise notwithstanding Proviso for the Vniversity Letters Provided always That all Letters and other things may be sent or conveyed to or from the two Vniversities in manner as heretofore hath béen used Any thing herein to the contrary notwithstanding CAP. XV. The Manufactures of making Linnen Cloth and Tapistry encouraged The inconvenience by importing foreign materials of Linnen and Tapistry Hangings VVHereas vast quantities of Linnen Cloth and other Manufactures of Hemp and Flax and of Tapistry Hangings are daily Imported into this Kingdom from Foreign parts to the great Detriment and Impoverishment thereof the Moneys and quick-stock of this Kingdome being thereby daily exhausted and diminished and the poor thereof unimployed while the Materials for the making of such Hangings are here more plentiful and better and cheaper then in those places from whence they are Imported And Flax and Hemp might be had here in great abundance and very good if by setting up the Manufactures of such Commodities as are made thereof it would be taken off the hands of such as sow and plant the same Encouragement of English Manufactures For the Encouragement therefore of those Manufactures Be it Enacted and it is hereby Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spirituall and Temporall and Commons in this present Parliament Assembled
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
The Trust their Heirs and Assigns in such manner and wise as is herein after more particularly and especially limited and provided and according to such parts and proportions as they respectively now hold and enjoy or by vertue and provision of this Act ought to hold and enjoy subject and lyable likewise to the payment of all Taxes and Charges as aforesaid to 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 the said ten thousand Acres residue of the said twelve thousand Acres whereof his said late Majesty was in possession as aforesaid are hereby vested and setled in his Majesty that now is The 10000 Acres belonging to the King and his Assigns subject and lyable with the residue of the said Ninety five thousand Acres to the same Taxes and Charges before specified And because the said Great Level of the Fens extends into the said Six Counties besides the Isle of Ely and forasmuch as Commissioners of Sewers cannot legally procéed in Execution of their Commission but by a several Iury of every County to enquire of the matters within their Commission in that County which hath heretofore inforced the said Earl his Participants and Adventurers Commissioners and Countries to very great trouble loss and expence both of money and time For avoiding which Inconveniencies The Authority of the said Corporation as Commissioners of Sewers It is hereby further Enacted by the Authority aforesaid That the said Governour Bayliffs and Conservators of the said Corporation for the time being or any five or more of them whereof the said Governour or Bayliffs for the time being or their Successors or any of them to be two for maintenance and preservation of the said Great Level by convenient Outfalls to the Sea shall for ever hereafter be and are hereby made and constituted Commissioners of Sewers for and of the said Great Level of the Fens And the said Governour Bayliffs and Conservators or any five or more of them whereof the said Governour or Bayliffs and their Successors or any of them to be two are hereby enabled and impowred from henceforth to use and exercise the power and authority of Commissioners of Sewers within the said Great Level of the Fens and of the Works made or to be made without the said Great Level for conveying of the Waters of the said Great Level by convenient Outfalls to the Sea touching all matters and things whatsoever happening to be executed or done within the said Great Level or the said Works without the said Great Level enquirable punishable or to be done by Commissioners of Sewers and therein to act and procéed by one or more Iuries of good and lawful men inhabiting within any part or place within the Boundaries of the said Great Level of the Fens though in several Counties as if the said Great Level of the Fens lay within one of the said Counties only and shall have power to imploy the said Sergeants or any of them for the time being by Warrant or Precept from the said Governor Bailiffs and Conservators and their Successors or any five or more of them whereof the said Governor or Bayliffs or any of them to be two under the Common Seal of the said Corporation to Summon and Return Iuries within the Boundaries of any part of the said Great Level and execute all Precepts and Process from them from time to time and all other things do as fully as any Sheriff within his respective County may or can do by Warrant or Precept from Commissioners of Sewers which Iuries are to appear at the times and places set or appointed for them to appear before the said Governour Bailiffs and Conservators and their Successors or any five or more of them whereof the said Governor and Bailiffs and their Successors or any of them to be two And are hereby Impowred to Inquire of Present and Try all Matters within the said Great Level and of and concerning the said Works made or to be made without the said Great Level for conveying of the Waters of the said Great Level by convenient Outfalls to the Sea within the power of Commissioners of Sewers as if the same lay within any one of the said Counties or as if the said Great Level were one distinct County of it self And the said Governour Bailiffs and Conservators or any five or more of them whereof the said Governour or Bailiffs or any of them to be two shall have further power as well for the maintenance of the said Great Level as for laying and levying of Taxes upon the said Ninety five thousand Acres to use and exercise within the said Great Level such and the like Laws and Customs and Constitute and Appoint such and the like Officers from time to time as are or lawfully may be used in Rumney Marsh in the County of Kent they who exercise the said Power of Commissioners of Sewers first taking the Oath which Commissioners of Sewers are by the Law to take the which Oath the said Governour and Bailiffs or any of them are hereby Impowred to Administer from time to time without any further Commission And because the Metes and Boundaries of the said Grounds within the said Great Level as to the Counties and Parishes are very uncertain and hard to be distinguished The metes boundaries of grounds Be it therefore further Enacted That every Writ Bill Plaint Count Declaration Information Presentment and Indictment of for or concerning the said Grounds within the said Great Level of the Fens or any part or parcel of the same or any Trespass Offence or Wrong done acted or committed within the said Great Level and procéedings thereupon shall be good and sufficient in Law though the County Parish Town or Place or any of them in such Writ Bill Plaint Count Declaration Information Presentment or Indictment be not rightly named so as there be such other certainty or description of the place whereby the same is or may be commonly known No other Commissioners of Sewers to meddle in the said Level And be it further Enacted That no other Commissioners of Sewers shall intermeddle within the said Great Level or with any the Works made or to be made for Support Maintenance or Preservation of the said Great Level within or without the said Great Level as aforesaid otherwise then hereafter in this Act shall be provided And be it further Enacted Conveyances by Indenture entred with the Register That all Conveyances by Indenture of the said Ninety five thousand Acres or any part thereof entred with the said Register in a Book to be kept for that purpose shall be of equal force to convey the Fréehold and Inheritance of the said Ninety five thousand Acres or any part thereof as if the same Conveyances by Indenture were for valuable considerations of money enrolled within Six moneths in one of the Kings Courts of
Bayliffs and Conservators respectively Provided That none be capable to be or continue Governour or Bayliffs That hath not four hundred Acres or more of the said Ninety five thousand Acres nor to be a Conservator that hath not two hundred Acres or more of the said Ninety five thousand Acres nor any of the Commonalty to have a voice in Elections that hath not one hundred Acres or more of the said Ninety five thousand Acres And that the said Governour Bailiffs and Conservators or any of them shall and may be removed by the said Governour Bailiffs and Conservators and Commonalty or the greater number of them present at their publick méetings whereof the said Governour or one of the Bayliffs to be one and new chosen in the place of him or them so dead or removed Accounts to be made by all Officers and Agents imployed And the said Governour Bayliffs and Commonalty also shall have further power to have demand and receive an Account from all and every the Officers Agents and Servants their Executors and Administrators heretofore imployed or hereafter to be imployed for the receiving and paying of money for or in relation to the carrying on of the Works of the Dreining of the said great Level and shall and may sue for and recover the same and that all Arrears of Rent already incurred upon or out of any part of the said Ninety five thousand Acres upon any Contract or Lease of the said Premisses or any part or parcel thereof shall be received and recovered as if the said pretended Act had béen a good and effectual Act And if any Suit be commenced against the said Corporation In Suits against any imployed by this Act the defendant may plead the general issue or any person for any matter or thing done in pursuance of this Act then he or they shall or may plead the General Issue and give the special matter in Evidence upon any Tryal to be had touching the same which shall be as good and effectual in Law as if the same had béen specially pleaded and the Iury upon the Tryal to give a Verdict accordingly Lands of persons attainted and titles under them vested in the King Provided always and be it further Enacted by the Authority aforesaid That as touching and concerning such part and parcel of the said Eighty thrée thousand Acres whereof any person or persons attainted or that shall be attainted was or were in possession at any time since the Nine and twentieth day of May in the year of our Lord One thousand six hundred fourty and nine under pretended Sales thereof respectively made by colour of the said pretended Act or under any other Title or pretended title whatsoever The Kings most Excellent Majesty his Heirs Successors and Assigns shall have the same and like benefit advantage and interest in all and every the said parts and parcels of the said Eighty thrée thousand Acres and no other then as the said persons so attainted or which shall be attainted could or ought to have by vertue of this Act in case they had not béen so attainted or shall not be attainted And whereas the Shares Lots Parts and Proportions of and in the said Ninety five thousand Acres which in pursuance of the said Indenture of Fourtéen parts and by vertue or intention of the said Act and Law of Sewers made at Lyn do belong and appertain to the said Samuel Sandys the elder or his Trustées Sir William Terringham Sir Richard Onslow and other the Assignées and Trustées of Henry late Earl of Arundel and Surrey deceased Arthur Earl of Anglesey Thomas Lord Culpeper Robert Phillips Robert Scawen and to divers other persons the Participants of the said Earl Francis and Parties of the said Indenture or their respective Heirs Executors Administrators or Assigns are now possessed and enjoyed by divers persons who took contracted for or accepted of or by such who claim and derive their interest and title from and under such persons as did take contract for or accept of pretended Estates or Conveyances of the same made or pretended to be made by certain persons mentioned in and by the said pretended Act of the Nine and Twentieth day of May One thousand six hundred fourty and nine to have Authority to sell the Shares Lots Parts and Proportions of such of the Adventurers and Participants of the said Earl Francis and of their respective Heirs and Assigns as should refuse or make default of payment of such Taxes as should by colour and in pursuance of the said pretended Act be imposed upon them respectively in respect of their Shares and Lots in or out of the said Ninety five thousand Acres Be it therefore Enacted by the Authority aforesaid That the said Governour Bayliffs and Commonalty of the said Company of Conservators of the said Great Level of the Fenns and their Successors shall Actually stand seised and possessed of all and every the Shares Lots Parts and Proportions last mentioned in trust nevertheless to and for the use and behoof of the said Samuel Sandys the Elder or his Trustées in trust for him Sir William Terringham Sir Richard Onslow and others the said Assignées and Trustées of Henry late Earl of Arundel and Surrey deceased Arthur Earl of Anglesey Thomas Lord Culpepper Robert Phillips Robert Scawen and of their respective Heirs and Assigns and to and for the respective uses and behoofs of the said other persons the Participants of the said Earl Francis and Parties to the the said Indenture of Fourtéen parts and of their respective Heirs and Assigns now out of possession of their respective Shares Lots Parts and Proportions of the said Ninety five thousand acres as heretofore in or about the Moneth of October in the Thirtéenth year of the Reign of the late King Charles of ever blessed memory were respectively allotted severed set forth or divided for or as the respective Shares Lots Parts and Proportions of such of the Adventurers the Participants of the said Earl Francis and Parties to the said Indenture of Fourtéen parts their respective Heirs Executors Administrators and Assigns from and under whom the said Samuel Sandys the Elder or his Trustées Sir William Terringham Sir Richard Onslow and others the Assignées and Trustées of Henry late Earl of Arundel and Surrey deceased Arthur Earl of Anglesey Thomas Lord Culpepper Robert Phillips Robert Scawen and the said other persons the Participants of the said Earl Francis and their respective Heirs Executors Administrators and Assigns now out of possessions of their respective Shares Lots Parts and Proportions do respectively claim and derive their said Shares Lots Parts and Proportions And the said Governour Bayliffs and Commonalty of the Company of Conservators are hereby authorized and required to execute respective Estates of the said Shares Lots Parts and Proportions accordingly subject and lyable nevertheless with the residue of the said Ninety five thousand acres in equal proportion to all taxes and charges to be laid
hath any Part Share or Interest in Possession or Reversion of or in any Mannors or Lands within the said Level shall be a Commissioner And in case of Descent Gift Devise or Purchase of any such Part Share or Interest to or by any of the said Commissioners It is hereby Declared and Enacted That immediately after such Descent Gift Devise or Purchase to or by any such Commissioner The said Descent Gift Devise or Purchase shall be an avoidance of his being a Commissioner and shall make him be incapable of being again nominated or appointed a Commissioner whilst his Interest doth remain Provided also and the said Commissioners for the time being or any seven or more of them shall from time to time and at all times have power and authority to give and make satisfaction out of the Ninety five thousand Acres to such person or persons whose Lands or Interest therein by any New Works hereafter to be made by the said Corporation without the said Level for conveying of the Waters of the said Level by convenient Outfals to the Sea shall be made worse in quality condition or value then they were before the said Vndertaking in the said Sixth year of the said late King Charles proportionable to the loss and damage the Parties shall receive thereby Owners of Wastes and Commons may improve And to the end that the Owners of the Commons and Wastes in the said Level and other Towns Parishes and places unto which the Works aforesaid or any of them do extend may improve the same by making Divisions and Inclosures Be it Provided and Enacted by the Authority aforesaid That it shall and may be lawful for any person or persons Body Politique or Corporate whatsoever their Heirs and Successors that are or shall be Lords of Mannors or have or shall have right of Common in the said Wastes to Improve Set out Inclose Divide and Sever such Proportion or Proportions as to them shall or may severally or respectively belong or appertain or be adjudged and allotted out of the said Commons and Wastes within the said Level or within any Town Parish or place into which the Works aforesaid or any of them do extend And to hold such proportion in severalty at all times of the year and all Differences that shall arise concerning the Boundaries of the Wastes Rights of Common Approvements Allotments Divisions and Inclosures shall from time to time and at all times be Determined Adjudged and finally ended by the said Commissioners for the time being or any seven or more of them upon their View or Examination of Witnesses upon Oath which they are hereby Authorized to Administer or upon both and hearing of the Parties concerned by their Adjudication under their Hands and Seals in Writing which Determination and Iudgment being Certified into the Petty-bag there to be Filed and kept on Record shall be final and conclusive unto all parties And the Allotments Divisions and Proportions so Adjudged or Decréed to be held by the said respective persons to whom they are so Set out shall be held by him or them and his and their Heirs Executors and Assigns respectively according to his or their Tenure or Tenures Estate Title or Interest they had in the Mannors Tenements and Lands for which they Claimed the said Proportions of Common as abovesaid paying such Fines and Rents and doing such Services in proportion for the same as by Custom or otherways they are to pay or do and do for the Mannors Tenements and Lands for which they Claim the same proportion having such respect to the yearly values of the one and the other as shall if néed so require be limited by seven or more of the Commissioners Provided also and be it Enacted That it shall and may be lawful to and for such person and persons as were heretofore Owners of the One hundred seventy five Acres in Sutton North and South Meadland in the said Isle of Ely Sutton Meadland set out by the said Law of St. Ives as a Recompence for Dreining the whole North and South Meadlands containing about One thousand Acres their Heirs or Assigns to sue and implead before the said Commissioners or any seven or more of them the Owners and Occupiers of the said North and South Meadlands or elsewhere within the said Great Level to draw them into Contribution for their several and respective Proportions of the said North and South Meadlands towards the said One hundred seventy five Acres And the said Commissioners or any seven or more of them shall thereupon Adjudge and Decrée unto the said Owners of the said One hundred seventy five Acres or such of them as they shall think fit and to their Heirs and Assigns such recompence and satisfaction either in ready Money yearly Rent or Land out of the residue of the said North and South Meadlands as to the said Commissioners or any seven or more of them shall séem méet to be held and enjoyed by the said Owners of the said One hundred seventy five Acres their Heirs and Assigns Provided always and be it Enacted That it shall and may be lawful to and for Sir John Watts Knight and others who derive any interest under the Dreyners of that Fenn called Londoners Fenn his and their Heirs and Assigns to sue and implead all and every person and persons their Executors and Administrators that have taken and received the rents and profits of his or their share and proportion of Londoners Fenn Londoners Fenn remaining from the share and proportion allotted and set out by the said Law of St. Ives since the said Level was adjudged Dreined and to sue for and recover the same in any of his Majesties Courts at Westminster and also that it shall and may be lawful to and for the said Sir John Watts and the Participants aforesaid his and their Heirs and Assigns heretofore Owners of the several proportions in Londoners Fenn set out by St. Ives Law for the Adventurers recompence for Dreyning the low Grounds in Upwell Upwell Outwell Welney Outwell and Welney to pursue and prosecute before the said Commissioners or any seven or more of them their claim and sue for relief against the owners or occupiers of the Fenny and low surrounded Grounds lying in Upwell Outwell and Welney aforesaid whose Grounds did not all contribute or not in equal proportion to the said Ninety five thousand Acres to draw them into Contribution in ease of the said Sir John Watts and the Participants aforesaid and thereupon the said Commissioners or any seven or more of them are hereby impowred to adjudge and decrée unto the said Sir John Watts and the Participants aforesaid his and their Heirs and Assigns such proportion out of the said Grounds which have not equally contributed as aforesaid as to the said Commissioners or any seven or more of them shall séem méet Provided always and be it Enacted that it shall and may be lawful for the Kings
Majesty and the Quéenâ Majesty their Heirs Successors and Assigns to continue in the possession usage disposal of the Bank called Dousedale Bank being on the south side of His Majesties Demean Lands Dousedale Bank called Port sand belonging to their Mannor of Crowland being part therof and to have such ancient Passages and Currents as of right have béen used and accustomed for the avoidance of water through the same into the River South Eae as if this Act had never béen made Provided always and be it Enacted by the authority aforesaid How and for what time Archbishops Bishops c. may make leases That it shall and may be lawful to and for every Archbishop Bishop Dean and Chapter and all Colledges and Halls in either Vniversity and all Bodies Politique and Corporate who are or shall be Lords of Mannors or have or shall have right of Soil or Common in the Wastes within this said Level or within such other Towns Parishes and Places into which the Works of the Dreyning aforesaid do or shall extend and who are by this Act impowred to improve set out inclose divide and sever such proportion or proportions as to them shall or may respectively belong or appertain out of the said Commons and Wastes within the said Level to demise by Indenture all and every the said such proportion or proportions as to them shall or may respectively belong or appertain out of the said Commons or Wastes within the said Level which have not by express Words and under any particular Rent béen at any time formerly demised for any Term or Number of Years not excéeding One and twenty Years so as upon every such Demise or Lease be reserved the fourth part of the true Yearly value to be ascertained by the Commissioners aforesaid or any seven of them due and payable Yearly during the said Term to him or them and his and their Successors Provided always and be it Declared by and with the consent of all Parties concerned That neither this Act nor any thing therein contained shall extend or be construed to extend to alter the possession of Thomas Chicheley Esquire of or from Six hundred seventy one acres parcel of the Lot now claimed to belong to the said Trustées of Henry late Earl of Arundel and Surrey and Two hundred thirty one acres Parcel of the Lot now cliamed to belong to the said Sir William Terringham or from any part thereof by him the said Thomas Chicheley now enjoyed under Purchasers by Sales for non-payment of Taxes upon the dispute betwéen the old and new Adventurers But that the said Corporation shall execute Conveyances of the said respective proportion unto the said Thomas Chicheley his Heirs and Assigns Any thing herein contained to the contrary thereof in any wise notwithstanding Provided always and be it Enacted That all such Right or Rights as any Lord or Lords of any Mannor or Mannors Liberties Hundred or half hundred have heretofore had within their respective Mannor or Mannors Liberties Hundred or half hundred within or without the said Level to Waifes Strayes Felons Goods Priviledges of Arrests Escheats and all other Royalties not prejudicial to the Dreining be hereby saved to them their Heirs Successors and Assigns severally and respectively Any thing in this Act to the contrary thereof notwithstanding Provided always That this Act or any thing therein contained shall not be interpreted to infringe or any way to weaken an Act made the Fourth year of the Reign of King James 4 Jac. cap. 13. Entituled An Act for the Dreining of certain Fenns and Low Grounds within the Isle of Ely subject to hurt by Surrounding containing about Six thousand acres compassed about with certain Banks commonly called and named The Ring of Waltersea and Coldham but the said Act shall stand in full force and vertue Any thing in this present Act to the contrary notwithstanding Provided also That whereas divers Lands in and near adjoyning unto the said Great Level have béen cut through for the better conveying of the Waters from the same and for upholding or repairing the Banks and Workes there without making satisfaction to the respective Owners of the said Lands for the damage they have sustained by such cutting Be it further Enacted That the said Commissioners for the time being or any seven or more of them upon complaint to them made of such damage sustained as aforesaid without recompence for the same shall be and are hereby impowered to award and Decrée such recompence and satisfaction to the party and parties grieved according to their respective damages sustained by such cutting as to the said Commissioners for the time being or any seven or more of them shall be adjudged reasonable the said recompence and satisfaction to be made and given by the said Corporation within six moneths next after such Award or Decrée made and in default thereof the said Commissioners or any seven or more of them shall and may and are hereby impowered to Rate and Tax the said 95. thousand Acres and to Distrain thereupon for the payment of such Rate or Tax and the Distress taken thereupon to sell or dispose as they shall think fit rendring the overplus if any be to the Owners for the payment and satisfaction of such moneys and damages as shall be so Awarded Any thing in this Act to the contrary thereof notwithstanding Provided nevertheless That in case the Iudicature hereby established The Barons of the Exchequer impowred to hear and determine differences between parties shall not within Twelve moneths from the First day of August next hear and determine all the matters by this Act to them referred concerning the said 95000. acres all and every such person and persons whose Complaints shall be then undetermined may make their applications to the Barons of His Majesties Court of Exchequer who are hereby established a Court of Iudicature and sufficiently authorized to hear and determine all such controversies and differences betwéen the said parties in as large and ample manner to all intents and purposes as the Iudicature hereby established might have done and such Iudgment Order or Decrée of the said Court of Exchequer shall be in all things observed and be effectual as if the said Barons had béen made the only Iudicature by this Act. Lessees of the King Provided always and be it Enacted by the Authority aforesaid That the Lessées of the Kings Majesty his Heirs and Successors of the said Ten thousand Acres or of any part thereof and the Assigns of such Lessées and every or any of them shall be capable to be elected and chosen into the Office or Place Offices or Places of Governor Bayliffs and Conservators aforesaid and to vote in such elections and choice and in all other matters as fully to all intents and purposes as any other Members of the Corporation Owners of any part of the said Ninety five thousand acres may be elected and chosen vote in
Annuntiation of the blessed Virgin Mary by even and equal portions an exact and just Account of the numbers of all which Fire-Hearths and Stoves is thereby Enacted to be taken and returned into his Majesties Court of Exchequer And the Moneys and Revenues due and payable for the same to be collected levied and paid to his Majesty by such persons and Officers in manner and form as by the said Acts is prescribed Nevertheless by reason of some defects in the said Act and great negligence of the said Officers and other persons in not returning the exact numbers of the said Fire-Hearths and Stoves and not duly Collecting Levying and paying into his Masties Exchequer the full Revenue due for the numbers returned at the times appointed and by sundry fraudulent practises to elude the said Acts the said Revenue is much diminished and not duly answered For remedy thereof and for the better ascertaining and collecting the said Revenue for the future Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled and by Authority of the same That it shall and may be lawful to and for the Kings Majesty his Heirs and Successors from and after the Four and twentieth day of June One thousand six hundred sixty four from time to time by and with the Advice of the Lord High Treasurer Chancellour Vnder-Treasurer and Barons of the Court of Exchequer for the time being or any thrée of them whereof the Lord High Treasurer or Chancellor of the Exchequer to be one to constitute and appoint such person or persons as his Majesty his Heirs and Successors shall think méet to be the Officer or Officers for the receiving and collecting and answering the duty arising by the said Fire-Hearths and Stoves by vertue of the said several Acts and for viewing and numbring of the several Chimney-hearths and Stoves mentioned in the said Acts and for the inspecting and examining the several Rolls Certificates and Returns thereof made and to be made from time to time into his Majesties Court of Exchequer in pursuance of the said Acts or any other thing belonging to the same which Officers or any of them shall have full power to examine and supervise the Rolls and Numbers of Fire-hearths and Stoves already returned into the said Court of Exchequer And being accompanied with the Constable or the Tithing-man Treasurer Vnder-Treasurer or other publick or proper Officer of the place who are hereby required to attend and assist upon this occasion and in all Parishes and places where there are no Constables Tithingmen or other publick Officer as aforesaid there without any such Assistance to enter in the day time into any dwelling or other House Edifice Lodgings and Chambers aforesaid And to search and examine whether there be any more Fire-hearths and Stoves in the same then were formerly returned or certified and what Fire-hearths or Stoves are increased or decreased since the former Certificate After which search and examination the said Officer with a Constable or Tythingman or Officers as aforesaid shall have liberty to make the like search and examination once every year And if they shall find any variance in the number returned both the Officer or Officers appointed by his Majesty and the Constable or Tythingman or other Officer as aforesaid to certifie the same under his and their hands to the Clerk of the Peace which Certificate they are hereby enjoyned to make And after approbation thereof by the Iustices of the Peace at their Sessions the same to be certified to his Majesties Remembrancer in the Exchequer and the Officer or Officers so appointed by his Majesty unto the same shall from and after the said Four and twentieth day of June One thousand six hundred sixty four have power to collect and levy the Revenue and Duties so given to his Majesty as aforesaid and all arrears of the same And be it further Enacted That the said Duty shall from time to time be paid after the Feast days of Saint Michael the Arch-Angel and the Annuntiation of the Virgin Mary yearly unto such Officer as shall be appointed by vertue of this present Act to receive the same upon demand thereof made by such Officer or his Deputy at the House Chamber or place where the same Duty shall arise or grow due And that in case of refusal or default of such payment thereof by the space of one hour after such demand the said Officer or his Deputy may at any time with the assistance of a Constable Tythingman or other Officer as aforesaid in the day time levy the said Duty and all the Arrearages thereof by distress and sale of the goods of the party or parties so refusing or making default restoring to the party or parties the over-plus of the value of such goods over and above the Duty and Arrearages thereof then behind and over and above the necessary charges of taking such Distress which Charges shall in no case excéed the one moyety of the Duty and Arrearages thereof so levied Provided always and be it Enacted That no Owners Proprietors or Occupiers of the said Fire-hearths or Stoves shall be charged distrained or molested for the said Duty or any Arrearages thereof at any time after the space of two years next after the Duty hereafter shall become due to his Majesty his Heirs or Successors Nor for any arrearages of the said Duty already incurred after the space of two years from the Four and twentieth day of June One thousand six hundred sixty and four And in case of violent opposition or injury done by any person or persons to any such Officer or his Deputy in the due execution of this Act and the same proved by Oath before any one Iustice of the Peace or Chief Magistrate or Magistrates of the City Town or place dwelling near unto the place who are hereby authorized to administer the said Oath It shall and may be lawful to and for such Iustice of the Peaee Magistrate or Magistrates to punish such offender or offenders if he shall find cause by Imprisonment in the common Goal for any time not excéeding the space of one moneth And from and after the said Four and twentieth day of June One thousand six hundred sixty four all Officers formerly appointed to collect the said Duty shall be discharged from the future collecting and levying the same otherwise then as they are directed by this Act And the said Officer and Officers so appointed by his Majesty to collect this Duty shall pay the same into his Majesties Exchequer to the ends in the said former Acts mentioned Provided That no person or persons shall be employed as aforesaid unless he and they shall first give in sufficient Security to his Majesty his Heirs and Successors for the due collecting levying and paying in of the said Revenue or such part thereof as shall be committed to their respective
Trusts and shall likewise take a Corporal Oath before one or more of the Barons of the Exchequer or before such persons as shall be authorised to take such Security and Oath by Commission from the said Court of Exchequer for the due and faithful execution thereof according to the Laws Enacted to that purpose And that they shall not exact or demand any Fée or sum of money for execution thereof from any Subject but onely from the Kings Majesty under pain of being disabled to execute the said Office or Imployment And upon legal Conviction of any such Crime to render treble damage to the party grieved And shall sign and deliver Acquittances for moneys by them received without any Fée or Reward whatsoever And every such Acquittance shall be a final Discharge as in the said first Act is provided And be it further Enacted by the Authority aforesaid That if any person occupying any Hearth or Stove chargeable to his Majesty shall leave or relinquish any House Edifice Lodging or Chamber before any of the half-yearly Feasts whereon the same is appointed to be paid to his Majesty his Heirs and Successors In every such case the next Occupier thereof shall be chargeable with the same for the said half year And if any person shall fraudulently stop up deface cover or conceal any Chimney-Hearth or Stove chargeable by the said Act and the same be proved either by confession of the party or upon Oath before one Iustice of Peace or chief Magistrate or by their view he shall for such offence pay double the value of the Duty for the same to be levied as aforesaid And be it likewise Enacted That if any person within one year last past hath or hereafter shall let the Lands Gardens Orchards or Out-houses formerly belonging to any Dwelling-house or Cottage apart from the same or shall divide any house into several dwellings or let out the same to any such persons who by reason of their poverty may pretend to be exempted from payment of the said Duty by any Clause or Clauses in the former Acts That in every such case such person shall pay the said Duty in as ample manner as they ought to have done before that time And that no person or persons inhabiting any Dwelling-house not being an Alms-house exempted by the former Act within any City Burrough Corporation Market-Town or Parish which hath or shall have in it more than two Chimneys Fire-hearths or Stoves shall be exempted from payment of the Duties thereon imposed by colour of any exemption or pretext whatsoever And if any question or difference shall arise about the taking any Distress or levying any money by vertue of this Act the same shall be heard and finally determined by one or more of the Iustices of the Peace near adjoyning or chief Magistrate of the place respectively upon complaint in that behalf And be it further Enacted That every Collector who shall be authorised and appointed by vertue of this Act to receive any of the said Duties shall truly answer and pay all such moneys as he shall receive for the said Duties into his Majesties Receipt of Exchequer half-yearly within Thrée moneths after the Feast of Saint Michael the Arch-Angel or the Annunciation of the blessed Virgin Mary happening next after the time the same moneys grew due to his Majesty by vertue of the said Acts and under the penalty of the loss of his Office And the Iustices of Peace and chief Magistrates Constables and other his Majesties Officers within their several Limits and Iurisdictions are hereby authorised and required to give assistance from time to time to such Officers as shall be appointed by his Majesty his Heirs and Successors for the collecting of the said Duty according to the true meaning of the said former Acts and this present Act. Provided That no person or persons shall be questioned for any arrears due on or before our Lady day One thousand six hundred sixty four who shall produce to the Collector a Certificate approved or to be approved of by the two next Iustices of Peace for their exemption from the said Duty for that time according to the Rules prescribed in the said first recited Act nor any person who hath truly paid the said Duty and shall if it be required make proof thereof before any one Iustice of Peace or other chief Magistrate of the place Any thing therein contained or any Return made into his Majesties Exchequer to the contrary thereof in any wise notwithstanding Provided also and be it Enacted by the Authority aforesaid That all and every such Officer or Officers as shall be at any time appointed by his Majesty his Heirs and Successors for the collecting gathering and receiving of the several sums of money now or hereafter to grow due unto his Majesty his Heirs and Successors for or in respect of the said Duty arising upon the Fire-hearths and Stoves shall satisfie and pay unto the respective Petty-Constables and Clerks of the Peace of this Kingdom all such allowances as are by any former Act or Acts given and allowed unto them as well for their pains and labour heretofore as hereafter to be taken by them as in and by the former Acts concerning Fire-hearths and Stoves are limited and appointed Any thing in this Act to the contrary notwithstanding CAP. IV. Seditious Conventicles suppressed WHereas an Act made in the Five and thirtieth year of the Reign of our late Soveraign Lady Quéen Elizabeth entituled An Act to retain the Queens Majesties Subjects in their due Obedience 35 El. cap. 1. declared to be in force hath not béen put in due Execution by reason of some doubt of late made whether the said Act be still in force although it be very clear and evident And it is hereby Declared That the said Act is still in force and ought to be put in due execution For providing therefore of further and more spéedy remedies against the growing and dangerous practises of Seditious Sectaries Further remedy against Seditious Sectaries and other disloyal persons who under pretence of Tender Consciences do at their Méetings contrive Insurrections as late Experience hath shewed Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same That if any person of the age of Sixtéen years or upwards being a Subject of this Realm at any time after the first day of July which shall be in the year of our Lord One thousand six hundred sixty and four shall be present at any Assembly Conventicle or Méeting Vnlawful Conventicles and Meetings under pretence of exercise of Religion forbidden under colour or pretence of any exercise of Religion in other manner then is allowed by the Liturgy or practice of the Church of England in any place within the Kingdom of England Dominion of Wales and Town of Berwick
made for the said Thomas Lâvel repealed other then such as are herein after mentioned Enacted Ratified and confirmed shall be and are hereby repealed and made void to all intents and purposes whatsoever And inasmuch as the Right Honourable Thomas Earl of Berkshire and the Lady Elizabeth his Wife and Charles Lord Howard of Charlton commonly called the Lord Viscount Andover their Eldest son and heir apparent The Right Honourable Robert Lord Bruce Baron of Wharlton in the Kingdom of England and Earl of Elgin in the Kingdom of Scotland and the Lady Diana his wife The Right Honourable Anne Countess of Stamford and Thomas Lord Grey of Groby have formerly held and derived to themselves with remainders over to several other persons by several Conveyances from or under the Right Honourable William late Earl of Exeter and Elizabeth late Countess of Exeter or one of them several interests in the said third part of the said Lands allotted to the said Lovel his heirs and assigns and to other proportions by subsequent Decrées of Sewers and towards the Dreyning and maintaining thereof they the said Right Honourable William late Earl of Exeter and Elizabeth late Countess Dowager of Exeter under whom or one of whom they claim and Thomas late Earl of Exeter from whom the said William late Earl and Elizabeth late Countess Dowager of Exeter derived their title have expended several great sums of money but have not so fully effected the said works nor introduced those beneaÌts and advantages which were expected And for reason do alledg that the third part and subsequent allotments are not Recompence sufficient to answer the charge of a more perfect performance of the said work but offer to procéed and perfectly to effect the same if they may have a sufficient recompence and compensation for their Hazard Charge and Pains therein Be it Enacted by the Authority aforesaid Trustees and undertakers made for dreyning the said Fens That Edward Earl of Manchester Lord Chamberlain of his Majesties Houshold William Earl of Devonshire John Lord Berkley of Stratton Anchatil Grey Esquire Henry Grey Esquire and their Heirs and Assigns and the Survivor of them shall be and are hereby declared to be the Vndertakers for the Dreining of the said Fens and every of them in trust to and for such person and persons and to such intents and purposes as are herein after mentioned And that within the space of seven years next ensuing they their heirs and assigns shall and will at their proper costs and charges recover and make dry the said Fens and every of them and make the same firm and depasturable for Cattel at all times of the year except two or thrée hundred Acres or thereabouts in the said Fens called Deeping-Fen and Goggisland and forty Acres or thereabouts in the said Fens called Thursby-Fen and Bourn-South-Fen which are to be left for Lakes and Sykes for the receipt of Waters within the same And also except such Drains and Sewers as now be or hereafter shall be made within the said Fens or any of them for the Dreyning thereof and so much of the grounds adjoyning to the Rivers Dreyns and Sewers within the said Fens as lye or shall lye betwéen the said Rivers Dreyns or Sewers and the Banks made or to be made for kéeping the Waters lying in the said Rivers Dreyns or Sewers from overflowing the rest of the said Fens And also shall for ever hereafter at their own costs and charges not only repair exalt maintain and keep as néed shall require the Banks environing and encompassing the said Fens and every of them but also the Bank on the East-side of the River of Welland from a place in Crowland called Brother-house to Spalding high-bridg And also the Bank on the North-side of the River Glean from Gutheram Coat to a place called Dovehum in Pinchbeck and thereof and of all and every the said Banks above-named shall for ever hereafter exonerate acquit discharge and save harmless as well the Kings Majesty his Heirs and Successors as the Quéen Dowager her Tenants and under-Tenants and all other person and persons their Heirs and Assigns of and for their repairing and amending of their several parts and allotments of the same but also that they the said Trustées their Heirs and Assigns and the Survivor of them at their own proper Costs and Charges shall for ever maintain and kéep the Rivers of Glean and Welland with sufficient Dyking Roading Scowring and Banking viz. the River of Welland from the Outgang at the East end of East-Dieping leading into the said Fens Glean and Welland Rivers unto the Out-fall thereof into the Sea and to preserve and maintain the Navigation thereof without Imposition or paying any thing whatsoever for the same but with liberty to alter and divert the Course and Channel of the same into any other part or parts of the said Fens before it cometh to the said Corner of Dieping-Fen abutting upon Hawthorne-Bank from whence through the said Town of Spalding as it now passeth to the Sea it shall not be lawful to divert the Course thereof And with like liberty to divert the said River of Glean before it cometh to the place called Pinchbeck-Barrs or Dovehurne in Pinchbeck from which place called Dovehurne through the said Town and the Town of Surflet as it now passeth to the Sea it shall not be lawful to divert the same or prejudice the Navigation thereof And all manner of Dreins Sewers and Passages for Waters and other Water-works whatsoever which now are or hereafter shall be made within or without the said Fens for the draining of the said Fens or any of them which shall be necessary to be made or continued in order to the preserving the said Fens from Surrounder And thereof and of all and every the said Rivers to discharge exonerate acquit and save harmless as well the Kings and the said Quéens Majesties his Heirs and Successors their Tenants and Vnder-tenants as all other person and persons their Heirs and Assigns of and for the repairing and amending of their several parts and allotments in them and every of them Be it further Enacted by the Authority aforesaid That the said Trustées their Heirs and Assigns or the Survivor of them shall at their own proper Costs and Charges make Sufficient Gates and Bridges to be made set down and maintain such reasonable and convenient Bridges with Gates unto the same in wideness not excéeding twelve foot being well and sufficiently railed or walled against the sides as well over any Drain or Ditch now made or hereafter to be made whereby passage may be had into the Fens in such and so many fit and convenient places as shall be thought fit and ordered by any six Commissioners of Sewers for the said County of Lincoln in their publick and open Sessions and the same shall for ever kéep and maintain for convenient and ready passage with Carts and Carriages and all sorts of Cattel
Hawthorâ-bank East-bank the said bank called the East-bank the said bank on the Northside of the River Gleane or any other bank made or to be made without the said Fens by the said Trustées their heirs or assigns or the survivors of them for or in order to the Dreyning of the said Fens That then and in every such case it shall and may be lawful for the Dykeréeves and Surveyors of Sewers in Pinchbeck and Spalding or any of the Towns in the Wapentake of Nesse or Elloe aforesaid where the said breach goole or flowing shall be forthwith and immediately to repair the same at the costs and charges of the said Trustées their heirs and assigns or the survivor of them to be had and levied in manner and form as is before expressed and declared for or concerning the said banks environing or made or to be made for the Dreyning or preservation of the said Fens And be it further Enacted by the Authority aforesaid That if it fortune that at any time hereafter by the negligence of the said Trustées their heirs and assigns or the survivor of them in not sufficiently maintaining Satisfaction for damage to particular persons how to be made scowring dyking or cleansing of any Rivers Banks Sewers or Dreyns whatsoever which now are or hereafter shall be made for dreyning of the said Fens and securing of the Country or that by any inconvenient placing setting cutting or making of any Dreyn Gote or Sluce upon the same that the Countrey or any private or particular person receive loss or harm thereby That the said Trustées their heirs and assigns or the survivor of them or some of them shall make such recompence and satisfaction for the same to every person and persons sustaining any damage thereby as six Commissioners of Sewers for the said part of Holland whereof thrée to be of the Quorum shall award and appoint under their hands and seals if the said Lords Adventurers their heirs and assigns shall not have otherwise satisfied the same which if they the said Lords Adventurers their heirs and assigns shall neglect to pay and satisfy to the person and persons sustaining the same their Executors or Assigns by the space of twenty days after demand made thereof to them the said Trustées their heirs and assigns or the survivor of them or the Agents Tenants or under-tenants of them That then and from thenceforth it shall and may be lawful to and for every such person and persons sustaining the same damage their heirs executors administrators and assigns and every of them respectively to enter into the same third part and into the said five thousand Acres and every or any part thereof and to levy the same damages so as aforesaid awarded and appointed by distress and sale of the goods and chattels of them the said Trustées their heirs and assigns or the survivor of them or any Tenant or Tenants Farmer or Farmers Occupier or Occupiers of all or any part of the said third part of the said Fens or the said five thousand Acres and present sale thereof to make after the fourth day of impoundment and payment of such money then not made without allowance of Replevin rendring the overplus to the Owner if any overplus there be And if the said Trustées their heirs or assigns or the survivor of them or any of them shall think it necessary for the enlargement of any old Dreyn River or Bank out of the said Fens avobe that which formerly they were or for making any new Dreyn River or Bank to cut or cover the several soyl of any person or persons That then the said Trustées their heirs and assigns or the survivor of them shall compound and agrée with the Owner or Owners thereof if they can agrée And if they cannot agrée that the value of the damage shall be set down by six of the Commissioners of Sewers whereof thrée to be of the Quorum and the money shall be paid or tendred before such time as the said soyl shall be cut or covered and upon payment or tender of the said money it shall be lawfull for them to cut or cover the said soyl for making the said Dreyns Rivers or Banks Dower to put up Bridges Drains c. And be it further Enacted by the Authority aforesaid That it shall and may be lawful to and for the said Trustées their heirs and assigns or the survivor of them to pull up any Cart-bridges of Wood or Stone or any Foot or Horse-bridges Clowes or Water-bridges that now lye over the said two Rivers of Glean and Welland the Rivers of Westload and Starfengraft Vernatts or any of them or any other Dreyns that be too strait or narrow or otherwise may hinder the course and passage of the waters in the said Rivers or of any Dreyn to be devised by the said Trustées their heirs or assigns or the survivor of them and also to pull up all Wears and Purprestures in the said Rivers and Dreyns that hinder the passage of the water Provided that they shall forthwith sufficiently build and make again at their own proper costs and charges the great Bridg over Spalding-river commonly called the high-bridg of lime and stone and all such other cart-bridges horse-bridges Clowes or Water-bridges of lime stone or timber respectively as the former were which have béen or shall be so pulled down to be enlarged or made wider And that all and every the ancient Bridges and Tunnels under and over any of the Rivers and Dreyns The said bridges tunnels c. how to be repaired and every of them be repaired and for ever maintained at the charges of them the said Trustées their Heirs or Assigns or the Survivor of them And if it shall happen the said Bridges or any of them shall not be made or repaired by the said Trustées their Heirs or Assigns or the survivor of them in convenient time according to the true intent or meaning of this Act That then it shall and may be lawful to and for the Commissioners of Sewers in their publick Sessions from time to time to order and decrée how much or what sum or sums of money shall or may be necessary or fitting to be raised for effecting the same And if after notice of the said Determinations of the said Commissioners by a note in writing under the hand of the Clerk of the Sewers given to the said Trustées their Heirs or Assigns or the survivor of them they shall not pay or cause the same so adjudged to be paid within thirty dayes after such notice That then it shall and may be lawful to and for the said Commissioners of Sewers by their Warrants to levy the same by distress and sale of the Goods and Cattel levant and couchant upon any of the Lands within the said Fens hereby vested and setled in the said Trustées their heirs and assigns or the survivor of them And if it shall fall out that the said
immediately to stop the same Pinchbeck Spalding Blewgate sluce And it is further Enacted by the Authority aforesaid That the Inhabitants of Pinchbeck and Spalding shall for ever hereafter have the use of a certain Gote or Sluce called Blewgate and the Dreyn leading thereto so as the said Trustees their heirs or assigns shall not be put to any charge for the repairing or maintaining of the same The dreyn from Boston-bank to Winsoever And be it further Enacted by the Authority aforesaid That the Loads or Dreyn under the Dozens from Baston-bank to Winsoever be Ditched two hundred foot more inward into the said Fens then now it is and the earth laid on that side the bank next the Town of Pinchbeck And be it further Enacted by the Authority aforesaid That for and in consideration of all the moneys already expended in and about the Dreyning of the said Fens and in consideration of the doing and performing of the Works aforesaid hereafter to be done and of all and every of them about the Recovering The proportion estates upon the trustees ândertakers Inning and Dreyning of the said Fens and every of them that they the said Trustées their heirs and assigns or the survivor of them shall from henceforth have hold peaceably occupy and enjoy to them their heirs and assigns in Fee-simple for ever the said third part of the said Fens and Marshes formerly assigned to the said Thomas Lovel his heirs and assigns as also three thousand five hundred Acres added and allotted by a Decrée of Sewers made at Spalding in the said Fens and one thousand Acres out of that part of the said Fens formerly taken in for the Quéens improvement and five hundred Acres more to be taken proportionably out of the residue of the said Fens in Kestiven and Holland next adjoyning to the said three thousand five hundred Acres which three thousand five hundred Acres and one thousand Acres and five thousand Acres last mentioned are to be demeasured by Statute-measure by two Artists and set out by them at the charge of the said Trustees their heirs or assigns or the survivor of them one to be chosen by the Commissioners of Sewers of Kestiven and Holland and one other by the said Vndertakers but upon the Trusts hereafter mentioned That is to say as touching and concerning eight thousand thirty six Acres thereof mentioned in a Schedule annexed to an Indenture of Fifteen parts dated the second of August 1650. made betwéen Elizabeth Countess Dowager of Exeter and others therein named and two thousand Acres more to be indifferently set out within six moneths after the passing of this Act amounting in the whole to ten thousand thirty six Acres in Trust That the said Trustées their heirs and assigns or the survivor of them shall grant and convey the same to such person or persons or for such Estates in Fee-simple or otherwise in such manner as the said Thomas Earl of Berks the said Lord Andover Lord Bruce and John Lord Berkley of Stratton shall appoint And as for touching and concerning the residue of the said Fens by this Act allotted for recompence for the said Dreyning moreover and above the said eight thousand thirty six Acres and two thousand Acres in Trust for the said Earl of Berkshire and the Lady Elizabeth his Wife the said Lord Andover the said Earl of Elgin Countess of Stamford and Lord Grey and such other person and persons to whom the Remainder upon their Estates are limited according to their several and respective Interests and Estates as aforesaid made or derived from by or under the said William late Earl of Exeter and Elizabeth late Countess of Exeter or either of them their or either of their heirs or assigns And in case the said Commissioners shall not nominate a Surveyor within thrée moneths after nomination by the said Trustées their heirs or assigns or the survivor of them and both to be sworn by the said Commissioners and notice thereof to be given to the said Commissioners That then the said Trustées their heirs or assigns or the survivor of them shall procéed as aforesaid by their own Artist The trustees shall fence and inclose the third part c. Provided also And be it Enacted by the Authority aforesaid That the said Trustées their heirs and assigns and the survivor of them shall at all times hereafter sufficiently fence and inclose the said third part and all other the Lands by this Act to them granted on all parts against the Lords and Commoners of and in the residue of the said Fens And if any of their Cattel shall enter or break into the said third part and other Lands so granted or any part thereof in default of the Inclosure thereof It shall not be lawful for the said Trustées their heirs or assigns or the survivor of them to Distrain or Impound the same or to maintain any Action for any such Entry Depasturing or other Trespass happening in such default And if any such Action be brought it shall be lawful for the Defendant or Defendants therein to plead the General Issue and to give this Act in Evidence And that the two Drove-ways in the said Fens called the North-drove and South-drove leading from the parts of Kestiven into the parts of Holland be continued open and common through the said third part and Lands to them granted for the use and benefit of the Lords and Commoners for a Drift-way for them and the said Vndertakers And also that the Banks or Dreyns by vertue of this Act to be continued or made shall not stop or hinder the Land-waters falling from the parts of Kestiven into the said Fen but shall and may receive and carry the same away Provided always That this Act or any Clause Article Sentence or Penalty therein contained mentioned or expressed shall not extend to charge the persons of the said Trustées their heirs or assigns or the survivor of them or any the Estate or Estates real or personal of them the said Trustées their heirs or assigns or the survivor of them other then their Estate and Estates of and in the said Fens Provided also and upon condition That if the said Trustées their heirs or assigns or the survivor of them shall neglect the Inning and Dreyning of the said Fens and every or any of them The penalty upon neglect to dreyn the said fens within seven years and so after to keep maintain them and shall not fully and perfectly finish the Dreyning of the same before the end and expiration of the said seven years as aforesaid according to the intent and purport of this Act or shall not after the Inning or Dreyning thereof kéep and maintain the said Fens and every of them after the end and term of the said seven years dry firm and depasturable ground for Cattel at all times in the year except such Lakes Dreyns Sewers Portions and Quantities of the said Fens as are before
and Court of Aldermen are hereby authorized by vertue of this Act to issue out a Warrant or Warrants to the Sheriffs of London who are hereby required accordingly to Impannel and return a Iury before the said Lord Mayor and Court of Aldermen Which Iury upon their Oaths to be administred by the said Lord Mayor and Court of Aldermen are to Inquire and Assess such Damage and Recompence as they shall judge fit to be awarded to the Owners and others interested according to their several and respective Interests and Estates of and in any such Houses or Ground or any part thereof for their respective Interests and Estates in the same as by the said Lord Mayor Aldermen and Commons in Common Council assembled shall be adjudged fit to be converted for the purposes aforesaid And such Verdict of the Iury and Iudgement of the said Lord Mayor and Court of Aldermen thereupon and the payment of the sum or sums of money so awarded or adjudged to the Owners and others having Estate or Interest or Tender and refusal thereof 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 Ground and shall be a full Authority for the said Lord Mayor Aldermen and Commons to cause the same to be converted and used for the purposes aforesaid Houses which shall be bettered in value And forasmuch as the Houses now remaining and to be rebuilt will receive more or less advantage in the value of their Rents by the liberty of Air and frée Recourse for Trade and other Conveniencies by such Regulation and Inlargement It is also Enacted by the Authority aforesaid That in case of refusal or incapacity as aforesaid of the Owners or others interessed of or in the said Houses to agrée and compound with the said Lord Mayor Aldermen and Commons for the same Thereupon a Iury shall and may be Impannelled in manner and form aforesaid to Iudge and Assess upon the Owners and others interessed of and in such Houses such competent sum and sums of Money with respect to their several Interests in consideration of such improvement and melioration as in reason and good conscience they shall think fit And all sums of Money that shall be so Assessed and Raised as aforesaid shall be paid to the Chamberlain of the City of London for the time being who is 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 such Owners or others interessed And who is hereby appointed to receive and pay and be accomptable for the same according to such Directions as shall from time to time be given him by the said Lord Mayor Aldermen and Commons And the Money so raised shall be wholly imployed towards payment and satisfaction of such Houses and Ground as shall be converted into Stréets Passages Markets and other publick places aforesaid And such satisfaction so given or tendered and refused as aforesaid shall devest the Propriety Estate and Interest of the respective Owners and others having Interest of and in such parcels of Ground so to be taken and imployed for the uses aforesaid by vertue of this Act Which shall be and are hereby actually Setled and Invested in the said Lord Mayor Commonalty and Citizens of the City of London and their Successors in like manner as other the Common-stréets and High-ways within the said City Who may hear and determine differences of several claims of Estates And in case any Controversies or Differences shall happen to arise betwéen several persons that shall claim several Estates or Interests into or out of any Grounds to be sold by the said Mayor Aldermen and Common Council or by them to be taken and disposed of by vertue and in pursuance of this Act to and for the uses aforesaid That then the Iustices of the Courts of Kings Bench and Common Pleas and Barons of the Coif of the Exchequer for the time being or any thrée or more of them shall be and are hereby authorized to hear and finally to order and determine the same in a summary way of procéeding and without the formalities or ordinary course of procéedings used in any the said Courts to order and award such Distribution to be made of the Money thereby arising for the satisfying of such several Interests and Claims as to them shall séem just and reasonable according to the respective Estate or Estates Title or Interests of the person or persons making Claim thereunto According to which order and distribution to be made and appointed by the said Iustices and Barons or any three or more of them the said Purchase-money shall be satisfied and paid by the said Chamberlain to the said several persons respectively The second of September appointed a day of Humiliation in the City yearly forever And that the said Citizens and their Successors for all the time to come may retain the Memorial of so sad a Desolation and reflect seriously upon their manifold Iniquities which are the unhappy causes of such Iudgements Be it further Enacted That the Second day of September unless the same happen to be Sunday and if so then the next day following be yearly for ever hereafter observed as a day of Publick Fasting and Humiliation within the said City and Liberties thereof to implore the Mercies of almighty God upon the said City to make devout Pray and Supplication unto him to divert the like Calamity for the time to come A Pillar to be set in memory of the Fire And the better to preserve the memory of this Dreadful Visitation Be it further Enacted That a Column or Pillar of Brass or Stone be erected on or as near unto the place where the said Fire so unhappily began as conveniently may be in perpetual Remembrance thereof with such Inscription thereon as hereafter by the Mayor and Court of Aldermen in that behalf be directed Tender of money at the Assurance Office or the Royal Exchange And be it Enacted And it is hereby Enacted by the Authority aforesaid That all Tenders of Money or Payment thereof which by any Bonds Covenants or other Obligations or Assurance whatsoever ought to be made in the late Assurance-Office or in any other place on the late Royal Exchange London shall or may be made at or in the present Assurance-Office in Gresham-House And shall be as valid and legal to all intents and purposes and discharge the Obligor as fully and amply as if they had béen made in the first intended place on the said Royal Exchange And it is hereby further Enacted That the Parish-Churches to be Rebuilded within the said City of London in lieu of those which were Demolished by the late Fire Parish Churches to be rebuilded shall not excéed the number of Thirty nine Which shall be set out and appointed by and with the
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
c. That if any Officer of the Customs shall from and after the said First day of April allow the priviledge of being a Ship or Vessel to England Ireland Wales or Town of Berwick or any of them belonging to any Forreign built Ship or Vessel untill such Certificate be before them produced or such Proof and oath taken before them or if any Officer of the Customs shall allow the priviledge of an English built ship or other Ship to any the aforesaid places belonging to any English or Forrien built Ship coming into any Port and making entry of any Goods untill Examination whether the Master and thrée Fourths of the Mariners be English or shal allow to any Forreign built ship bringing in the Commodities of the Growth of the Country where it was built the priviledge by this Act to such Ship given untill Examination and Proof whether it be a ship of the built of that Country and that the Master and thrée Fourths of the Mariners are of that Country or if any Person who is or shall be made Governor of any Lands Islands Plantations or Territories in Africa Asia or America by his Majesty His Heirs or Successors shall suffer any Forrein built Ship or Vessel to load or unload any Goods or Commodities within the Precincts of their Goverments untill such Certificate be produced before them or such as shall be by them appointed to view the same and Examination whether the Master and thrée Fourths of the Mariners at least be English that for the first offence such Officer of the Customs and Governors shall be put out of their places Offices or Governments Provided alwayes That this Act or any thing therein contained extend not Proviso for goods of the Streights or Levant or be meant to restrain and prohibite the Importation of any the Commodities of the Streights or Levant Seas loaden in English built shipping and wherof the Master and thrée fourths of the Mariners at least are English from the usual Ports or places for lading of them heretofore within the said Streights or Levant Seas though the said Commodities be not of the very growth of the said places Provided also that this Act or any thing therein contained extend not or be meant to restrain the Importing of any East India Commodities loaden in English built shipping and whereof the Master and thrée fourths of the Mariners at least are English from the usual place or places for lading of them in any part of those Seas to the South-Ward and Eastward of Cabo bona speranza although the Ports be not thââbery Places of their growth Provided also That it shall and may be lawful to and for any of the people of England Ireland East India Commodities Proviso for goods imported from Spain Portugal Azores Madera or Canary Islands Wales Islands of Guernsey or Jersey or town of Berwick upon Tweed in Vessels or Ships to them belonging and whereof the Master and thrée fourths of the Mariners at least are English to load and bring in from any of the Ports of Spain or Portugal or Western Islands commonly called Azores or Madera or Canary Islands all sorts of Goods or Commodities of the Growth Production or Manufacture of the Plantation or Dominions of either of them respectively Proviso for Bullion and goods taken by way of Repâisal Provided That this Act or any thing therein contained extend not to Bullion nor yet to any Goods taken or that shall be bona fide taken by way of Reprisal by any Ship or Ships belonging to England Ireland or Wales Islands of Guernsey or Jersey or Town of Berwick upon Tweed and whereof the Master and thrée Fourths of the Mariners at feast are English having Commission from his Majesty his Heirs or Successors Proviso concerning goods of Scotland Provided alwayes That this Act or any thing therein contained shall not extend or be construed to extend to lay Aliens Duties upon any Corn of the growth of Scotland or to any Salt made in Scotland nor to any Fish caught saved and cured by the People of Scotland and Imported directly from Scotland in Scotch built Ships Goods of Russia and whereof the Master and thrée Fourths of the Mariners are of His Maiesties Subiects nor to any Seal Oyl of Russia Imported from thence into England Ireland Wales or Town of Berwick upon Tweed in shipping bona fide to some of the said places belonging and whereof the Master and three Fourths of the Mariners at least are English The duty payable upon goods in French ships Provided also and it is hereby Enacted That every Ship or Vessel belonging to any the Subjects of the French King which from and after the Twentieth day of October in the year of our Lord one thousand six hundred and sixty shall come into any Port Creek Harbor of Road of England Ireland Wales or Town of Berwick upon Tweed and shall there lade or unlade any Goods or Commodities or take in or set on Shore any passengers shall pay to the Collector of His Majesties Customs in such Port Créek Harbor or Road for every Tun of which the said Ship or Vessel is of burthen How long to continue to be computed by such Officer of the Customs as shall be thereunto appointed the sum of five shillings currant money of England And that no such Ship or Vessel be suffered to depart out of such Port Créek Harbor or Road until the said Duty be fully paid And that this Duty shall continue to be Collected Levied and paid for such time as a certain Duty of Fifty Solls per Tun lately imposed by the French King or any part thereof shall continue to be Collected upon the shipping of England lading in France and thrée Moneths after and no longer Sugars tobacco c. of the growth of America Asia or Africa And it is further Enacted by the Authority aforesaid That from and after the First day of April which shall be in the year of our Lord One thousand six hundred sixty one noe Sugars Tobacco Cotton-wooll Indicoes Ginger Fustick or other dying wood of the growth Production or Manufacture of any English Plantations in America Asia or Africa shall be shipped carried conveyed or transported from any the said English Plantations to any Land Island Territory Dominion Port or place whatsoever other then to such other English Plantations as do belong to His Majesty His Heirs and Successors or to the Kingdom of England or Ireland or Principality of Wales or Town of Berwick upon Tweed there to be laid on shore under the penalty of the Forfeiture of the said Goods or the full value thereof as also of the Ship with all her Guns Tackle Apparel Ammunition and Furniture The one Moyety to the Kings Majesty His Heirs and Successors and the other Moyety to him or them that shall seize inform or sue for the same in any Court of Record by Bill Plaint or Information wherein no Essoign
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 ââly 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 raâes 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