Kingdom of England Dominion of Wales and Town of Berwick upon Tweed by retail for above Eightéen pence the quart And that no Gascoigne or French Wines whatsoever shall be sold by Retail above eight pence the quart And that no Rhenish Wines whatsoever shall be sold by retail above Twelve pence the quart And according to these rates The Penalties for a greater and lesser quantity all and every the said Wines shall and may be sold upon pain and penalty that every such person or persons who shall utter or sell any of the said Wines by retail that is to say by Pint Quart Pottle or Gallon or any other greater or lesser Retail-measure at any rate excéeding the Rates hereby limited do and shall forfeit for every such Pint Quart Pottle Gallon or other greater or lesser quantity so sold by retail the sum of Five pounds the one moyety of which forfeiture shall be to our Soveraign Lord the King His Heirs and Successors and the other moyety to him or them that shall sue for the same to be recovered in manner and form as aforesaid Provided nevertheless The Lord Chancellor c. may set the Prises of Wines yearly or alter the same That it shall and may be lawful to and for the Lord Chancellor of England Lord Treasurer Lord President of the Kings Councel Lord Privy Seal and the two Chief Iustices or Five Four or Thrée of them And they are hereby Authorized yearly and every year betwéen the twentieth of November and the last day of December and no other times to set the Prises of all and every the said Wines to be sold by retail as aforesaid at higher or lower rates then are herein contained so that they or any of them cause the Prises by them set to be written and open Proclamation thereof to be made in the Kings Court of Chancery yearly in the Term time or else in the City Burrough or Towns Corporate where any such Wine shall be sold And that all and every the said Wines shall and may be sold by retail at such prises as by them or any Five Four or thrée of them shall be set as aforesaid from time to time for the space of one whole year to commence from the first day of February next after the setting thereof and no longer and no greater prises under the pains and penalties aforesaid to be recovered as aforesaid and afterwards And in default of such setting of prises by the said Lord Chancellor of England Lord Treasurer Lord President of the Kings Councel Lord Privy Seal and the two Chief Iustices or Five Four or Thrée of them as aforesaid at the respective Rates and Prises set by this Act and under the penalties as aforesaid to be recovered as aforesaid Stat. 13 Car. 2. cap. 7. CAP. XXVI The levying of the Twelve Moneths Assessment commencing the 24th of June 1659. and the six Moneths Assessment commencing the Twenty Fifth of December 1659. EXP. Stat. 13 Car. 2. cap. 7. CAP. XXVII Four hundred and twenty thousand pounds by an Assessment of Threescore and ten Thousand pounds by the Moneth Granted for Six Moneths for Disbanding the Remainder of the Army and paying off the Navy with Rules and Instructions for the same EXP. Stat. 13 Car. 2. cap. 7. CAP. XXVIII Further supplying and explaining certain defects in an Act Intituled An Act for the provision of money for Disbanding and paying off the Forces of this Kingdom both by Land and Sea EXP. Stat. 13 Car. 2. cap. 7. CAP. XXIX Seventy thousand pounds to be raised for the further supply of His Majesty EXP. Stat. 13 Car. 2. cap. 7. CAP. XXX The Attainder of several persons Guilty of the Horrid Murther of His late Sacred Majesty King Charles the First IN all humble manner shew unto Your most Excellent Majesty Your Majesties most dutiful and loyal Subjectts the Lords and Commons in Parliament Assembled That the Horrid and Execrable Murther of Your Majesties Royal Father The horrid murder of King Charles the first how first contrived and plotted our late most Gracious Soveraign Charles the First of ever blessed and glorious memory hath béen committed by a party of wretched men desperately wicked and hardned in their Impiety who having first plotted and contrived the ruine and destruction of this excellent Monarchy and with it of the true Reformed Protestant Religion which had béen so long protected by it and flourished under it found it necessary in order to the carrying on of their pernicious and traiterous designs to throw down all the Bullwarks and Fences of Law and to subvert the very being and constitution of Parliament that so they might at last make their way open for any further attempts upon the Sacred Person of his Maiesty himself And that for the more easy effecting thereof they did first seduce some part of the then Army into a compliance and then kept the rest in subjection to them partly for hopes of preferment and chiefly for fear of losing their imployments and arrears untill by these and other more odious arts and devices they had fully strengthened themselves both in power and faction which being done they did declare against all manner of Treaties with the person of the King even then while a Treaty by advice of both Houses of Parliament was in being Remonstrate against the Houses of Parliament for such procéedings seize upon his Royal person while the Commissioners were returned to the House of Parliament with his Answer and when his Concessions had béen Voted a ground for peace seize upon the House of Commons seclude and imprison some Members force out others and there being left but a small remnant of their own Creatures not a tenth part of the whole did séek to shelter themselves by this weak pretence under the name and Authority of a Parliament and in that name laboured to prosecute what was yet behind and unfinished of their long intended Treason and Conspiracy To this purpose they prepared an Ordinance for erecting a prodigious and unheard of Triennal which they called An High Court of Justice for Tryal of his Majesty and having easily procured it to pass in their House of Commons as it then stood moulded ventured to send it up from thence to the Péers then sitting who totally rejected it whereupon their rage and fury increasing they presume to pass it alone as an Act of the Commons and in the name of the Commons of England and having gained the pretence of Law made by a power of their own making pursue it with all possible force and cruelty until at last upon the thirtieth day of January one thousand six hundred forty and eight His Sacred Majesty was brought unto a Scaffold and there publickly Murthered before the Gates of his own Royal Palace And because by this Horrid action the Protestant Religion hath received the greatest wound and reproach and the people of England the most insupportable shame and infamy that was
Walls or before any Noblemens Houses Buildings or Walls or before any other publick houses Buildings or places whatsoever respectively And be it further Enacted by the Authority aforesaid That from and after the first day of May No Barrels Tymber coaches or other things to be see or mended in the streets The Penalty The duty of the Scavengers Rakers weekly One thousand six hundred sixty and two no person or persons shall Hoop Wash or cleanse any Pipes Barrells or other Casks or Vessels in any the Stréets Lanes or open Passages aforesaid nor shall set out empty Coaches to make or mend or rough Timber or Stones to be sawn or wrought in the Stréets on the Penalty of twenty shillings for every Offence And be it further Enacted by the Authority aforesaid That the Rakers Scavengers or other Officers thereunto appointed every day in the Wéek except Sundayes and other Holidayes shall bring or cause to be brought Carts Dung-pots or other fitting Carriages into all Stréets and places within their respective Wards Parishes Charges and Divisions where such Carts or Carriages can pass and at or before their approach by a Bell Horn Clapper or otherwise shall make distinct and loud noise and give notice to the Inhabitants of their coming and make the like noise and give the like notice in every Court Alley or Place into which the said Carts cannot pass and abide and stay there a convenient time in such sort that all persons concerned may bring forth their respective Ashes Dust Dirt Filth and Soil to the respective Carts or Carriages so staying as aforesaid all which the said Rakers Scavengers or other Officers aforesaid shall daily carry or cause to be carried away upon pain to forfeit forty shillings for every offence or neglect respectively And be it further Enacted by the Authority aforesaid That all the open Stréets All open streets to be paved and so kept by the several housholders Lanes and Alleyes within the said Cities and Places aforesaid excepting only the new Paving of such Stréets and Places for which any of the Inhabitants have contributed and paid their respective Proportions to the Commissioners before named according to the rates aforesaid shall be forthwith sufficiently repaired or Paved and from time to time hereafter maintained and kept sufficiently repaired or Paved at the costs and charges of the Housholders in the same Stréets Lanes and Alleys respectively in manner following that is to say every of the said Housholders to repair and pave and to kéep repaired and paved the Stréets Lanes or Alleys before his house and so far as his housing Walls or Building extend unto the Channel or middle of the same Stréet Lane or Alley upon pain to forfeit Twenty shillings for every Perch or Rod and after that Rate for a greater or lesser quantity for every Default The penalty for not paving and of Twenty shillings a wéek for every wéek after untill the same shall be sufficiently paved and amended Provided alwayes That such ancient Stréets Lanes and Alleys within the said Cities Proviso for the Borough of Southwark or either of them the Suburbs and Liberties thereof and Borough of Southwark as by custom and usage have béen repaired and paved in other manner shall be hereafter repaired paved and maintained in such sort and manner and by such person and persons as have heretofore used to repair pave and maintain the same under the penalties aforesaid Any thing in this Act contained to the contrary thereof in any wise notwithstanding And be it further Enacted by the Authority aforesaid Candles or lights to be hung out every night from Michaelmas to Lady-day That every housholder within the said Cities the Suburbs and Liberties thereof and in all other the places aforesaid whose house adjoyns unto and is next the stréet from Michaelmas untill our Lady-day yearly shall every night set or hang out Candles or Lights in Lanthorns or otherwise in some part of his house next the Stréet to enlighten the same for Passengers from such time as it shall grow dark untill nine of the Clock in the Evening upon pain to forfeit the sum of one shilling for every default Who may convict persons offending and upon view or otherwise levy the penalties by this Act. And for the more speedy Reformation and punishment of all and every the offences aforesaid Be it further Enacted by the Authority aforesaid That every one of his Majesties Iustices of either Bench and Barons of his Exchequer and every Iustice of Peace of the said Cities of London and Westminster and places aforesaid within their several limits respectively shall have power and Authority upon his own knowledg or view confession of the party or proof of one credible witness upon Oath before him which oath by vertue of this Act such Iustice shall have power to administer to convict any person or persons of any the offences aforesaid whereby such person or persons so convict shall incur the Penalties and forfeitures aforesaid one moyety whereof shall be disposed and imployed for and towards the reparation paving and cleansing of the stréet or place where the offence shall be committed and as much or all of the other moyety as the Iustice shall think fit for him or them that shall discover and prosecute the same in case the said conviction be by such discovery and prosecution and if the conviction be by the view or knowledg of such Iustices then the said whole penalty to go and be imployed for and towards the repairing paving and cleansing of the said stréets or place and shall be levied by distress and sale of the Goods and Chattels of the offender by Warrant under the hand and seal of any such Iustice to be directed to the Constable or any other Officer of the same Parish rendring the surplusage to the party and in default of distress or not payment of the said penalties within six dayes after demand thereof or notice in writing left at the house or dwelling place of the offender by the said Constable or any other Officer the said offender not being a Péer of this Realm shall be committed to the Common Goal of the said County or City respectively by the Warrant of any such Iustice under his hand and Seal there to remain without Bail or Mainprize untill payment And for the better raising and levying of moneyes to defray the charges and pay the Wages of the said Scavengers Rakers or other Officers imployed in cleansing of the Stréets Lanes Alleyes and other places aforesaid and carrying of the said ashes dirt filth and soil Be it further Enacted by the Authority aforesaid Rates and taxes to be made for defraying the charges and wages of Scavengers and others That within the City of London and Liberties thereof the Scavengers Rakers and such like Officers shall be elected and the Rates Taxes and Assesments for Scavengers Rakers and such like Officers wages for cleansing the
and may fréely enter and go on board all and every such Ship or Vessel of War and bring from thence on shoar into His Majesties Store-house belonging to the Port where such Ship shall be all Goods and Merchandizes prohibited or uncustomed which shall be found aboard any such Ship as aforesaid And be it hereby also Enacted The power of Officers for managing the Custom to enter and search Ships and Vessels That the said person or persons which are or shall be appointed for managing the Customs and Officers of His Majesties Customs and their Deputies are hereby Authorized and enabled to go and enter aboard any Ship or Vessel as well Ships of War as Merchant Ships and from thence to bring on shore all Goods prohibited or uncustomed except Iewels if they be Outwards bound and if they be Ships or Vessels Inwards bound from thence to bring on shore into His Majesties Store-house as aforesaid all small Parcels of Fine Goods or other Goods which shall be found in Cabbins Chests Trunks or other small Package or in any private or secret place in or out of the Hold of the Ship or Vessel which may occasion a just suspition that they were intended to be fraudulently conveyed away And all other sorts of Goods whatsoever for which the Duties of Tunnage Poundage were not paid or Compounded for with in Twenty days after the first Entry of the Ship to be put remain in the Store-house aforesaid until His Majesties Duties thereupon be justly satisfied unless the said person or persons which are or shall be appointed by His Majesty for managing the Customs and Officers of the Customs shall sée just cause to allow a longer time and that the said person or persons which are or shall be so appointed to manage the Customs and the Officers of the Customs and their Deputies may fréely stay and remain aboard until all the Goods are delivered and discharged out of the said Ships or Vessels And if any Master Purser or Boat-swain or other taking charge in any Ship or Vessel or any other person whatsoever shall suffer any Truss Bale Pack Fardel Cask or other Package to be opened aboard the said Ship or Vessel and the Goods therein to be imbezelled carried away or put into any other Form or Package after the Ship comes into the Port of her discharge in every such case the said Master Purser Boat-swain or others shall forfeit the sum of one hundred pounds And be it further Enacted by the Authority aforesaid That in case Goods concealed in any Ship after clearing after the clearing of any Ship or Vessel by the person or persons which are or shall be appointed by His Majesty for managing the Customs or any their Deputies and discharging the Watchmen or Tidesmen from attendance thereupon there shall be found on board such Ship or Vessel any Goods Wares or Merchandizes which have béen concealed from the knowledge of the said person or persons which are or shall be so appointed to manage the Customs and for which the Custom Subsidie and other Duties due upon the Importation thereof have not béen paid then the Master Purser The Penalty or other person taking charge of such Ship or Vessel shal forfeit the sum of One hundred pounds And it shall be lawful to or for any person or persons authorized by Writ of Assistance under the Seal of His Majesties Court of Exchequer to take a Constable Headborough or other Publick Officer inhabiting near unto the place and in the day time to enter and go into any House Shop Cellar Ware-house or Room or other place and in case of resistance to break open Doors Chests Trunks and other Package there to seize and from thence to bring any kind of Goods or Merchandize whatsoever prohibited and uncustomed and to put and secure the same in His Majesties Store-house in the Port next to the place where such seizure shall be made And for the better encrease of Shipping and Navigation Be it further Enacted An accompt to be given of all forreign Ships in all Ports of England That the Collectors and other Officers of His Majesties Customs in all the Ports of England shall forthwith give an account unto the Collectors and Surveyor in the Port of London appointed by His Majesty for all Duties and Matters relating to a late Act Intituled An Act for encreasing and encouraging of Shipping and Navigation of all Forreign built Ships in their Ports 12 Car. 2. cap. 18. owned and belonging to the people of England of what built and burthen they are for which Certificates have béen made according to the said Act and that the said Collector and Surveyor shall make a true and perfect list of all such Ships attested under their hands and transmit the same into his Majesties Court of Exchequer on or before the moneth of December in the year 1662. there to remain upon record And that no Forreign built Ship that is to say not built in any of his Majesties Dominions of Asia Africa or America Forreign built Ships not to have the priviledg of Ships belonging to England or Ireland or other than such as shall bona fide be bought before the First of October 1662. next ensuing and expresly named in the said List shall enjoy the priviledge of a Ship belonging to England or Ireland although owned or manned by English except such Ships only as shall be taken at Sea by Letters of Mart or Reprizal and condemnation made in the Court of Admiralty as lawful Prize but all such Ships shall be déemed as Aliens Ships and be liable unto all Duties that Aliens Ships are liable unto by vertue of the said Act for encrease of Shipping and Navigation And whereas it is required by the said Act that in sundry cases the Master and thrée fourths of the Mariners are to be English it is to be understood that any of his Majesties Subjects of England Ireland and his Plantations are to be accounted English and no others and that the number of Mariners be accounted according to what they shall have béen during the whole Voyage And whereas of late some of the persons appointed by His Majesty for managing the Customs and the Officers of the Customs and their Deputies have béen hindred affronted abused beaten and wounded to the hazard of their lives in the due execution of their several trusts services in their respective places by armed companies and multitudes of men and goods prohibited and uncustomed have by force violence as well by Land as by Water béen forcibly carried and conveyed away Be it Enacted by the Authority aforesaid That where any Officer or Officers shall be by any person or persons armed with Club The punishment for beating or abusing Officers of the Customs or any manner of Weapon forcibly hindred affronted abused beaten or wounded as aforesaid either on board any Ship or Vessel or upon the Land or Water in the due
and is remaining which President Deputy-President and Treasurer for the time being respectively shall for ever hereafter in name and fact be Bodies Politick and Corporate in Law to all intents and purposes and shall have a perpetual Succession and may Sue or Plead or be Sued and Impleaded by the name of the President and Governours for the Poor of the respective places aforementioned in all Courts and places of Iudicature within this Kingdom and the Dominion of Wales and the Town of Berwick upon Tweed and by that Name every of the said Corporations shall and may without License in Mortmain purchase or receive any Lands Tenements or Hereditaments not excéeding the yearly value of Thrée thousand pounds per annum of the Gift Alienation or Devise of any person or persons who are hereby without further License enabled to give the same and any Goods Chattels or sums of Money whatsoever to the use intent and purposes hereafter limited and appointed And the each respective Corporation or any Seven of them shall have hereby Power and Authority from time to time to méet and kéep Courts for the ends and purposes in this Act expressed at such time and place as shall be appointed by the said President his Deputy or the Treasurer who are hereby required upon the desire of any Four of the said Corporation at any time to cause a Court to be warned accordingly And shall have hereby Authority from time to time to make and appoint a Common-Seal for the use of the said Corporation And it is further Enacted by the Authority aforesaid The powers of the said President and Governours of the said Corporations That it shall and may be lawful to and for the said President and Governours of the said Corporations for the time being or any two of them or to or for any person authorized and appointed by them or any two of them from time to time to apprehend or cause to be apprehended any Rogues Vagrants Sturdy Beggars or Idle or disorderly persons within the said Cities and Liberties Places Divisions and Precincts and to cause them to be kept and set to work in the several and respective Corporations or Work-houses and it shall and may be lawful for the major part of the Iustices of Peace in their Quarter-Sessions to signify unto his Majesties Privy Council the names of such Rogues Vagabonds Idle and Disorderly persons and Sturdy Beggars as they shall think fit to be Transported to the English Plantations and upon the approbation of his Majesties Privy Council to the said Iustices of Peace signified which persons shall be Transported it shall and may be lawful for any two or more of the Iustices of the Peace them to Transport or cause to be Transported from time to time during the space of thrée years next ensuing the end of this present Session of Parliament to any of the English Plantations beyond the Seas there to be disposed in the usual way of Servants for a term not excéeding Seven years A stock for supply of the work how to be provided in London Westminster Middlesex Surrey And be it further Enacted by the Authority aforesaid That if the President and Governours of any of the said Corporations shall certify under their common Seal their want and defect either of a present stock for the Foundation of the Work or for supply thereof for the future and what sum or sums of Money they shall think fit for the same to the Common-Council of the said City of London and the Burgesses and Iustices of Peace in their Quarter-Sessions of the said City of Westminster and the Liberties thereof or the Iustices of the respective Counties of Middlesex and Surrey assembled in either Quarter-Sessions That thereupon the Common-Council of the said City of London the Burgesses of the said City of Westminster and the Iustices of Peace of the said Cities and Counties in their Quarter-Sessions assembled are hereby required from time to time to set down and ascertain such competent sum and sums of money for the purposes aforesaid not excéeding one years rate from time to time usually set upon any person for or towards the relief of the Poor and the same to proportion out upon the several Wards Precincts Counties Divisions Hundreds and Parishes as they shall think fit And thereupon the Aldermen Deputies and Common-Council-men of every Ward in the City of London and Burgesses and Iustices of the Peace of the City of Westminster and the Liberties thereof and Iustices of the Peace of the said Counties of Middlesex and Surrey shall have power and Authority and are hereby required equally and indifferently according to the proportions appointed as aforesaid for the several Wards Precincts Cities and Parishes as aforesaid to tax and rate the several Inhabitants within the said respective Wards Precincts and Parishes as well within Liberties as without with which Tax if any person or persons find him or themselves agrieved supposing the same to be unequal he or they shall and may make their complaint known to the Iustices of the Peace at the next open Sessions who shall take such final order therein as in like cases is already by the Law provided And it is further Enacted by the Authority aforesaid That it shall and may be lawful to and for any Alderman of the City of London or his Deputy or the Burgesses and Iustices of Peace of the City of Westminster and the Liberties thereof or any two or more of them or any two Iustices of Peace of the respective Counties of Middlesex and Surrey by their Warrant under their Hands and Seals to authorize the Church-wardens or Overséers for the Poor within the places and Parishes aforesaid to demand gather and receive of every person and persons such sum and sums of money as shall be Assessed upon them by vertue of the Taxations and Contributions aforesaid And for default of payment within ten dayes after demand thereof made or notice in writing left at the dwelling-house or lodging of every person so Assessed to levy the same by distress and sale of the goods of every such person and after satisfaction made to restore the surplusage to the party so distrained Stocks formerly in London for relief of the poor how to be paid And be it Enacted by the Authority aforesaid That all Stocks raised for the relief and imployment of the Poor in the City of London and Liberties thereof which was in the hands of a Corporation heretofore appointed in the said City for that service or in the hands of any other person or persons whatsoever before the Nine and twentieth day of September which was in the year of our Lord One thousand six hundred and sixty commonly called the Feast of St. Michael the Archangel or at any time since together with all the Arrears of money formerly alloted for that Service or Legacies given to the same end shall be payable to the Treasurer of the Corporation or Corporations
and by Authority thereof that from and after the Feast of St. Michael the Arch-angel which shall be in the year of our Lord One thousand six hundred sixty and two for and during the term of Five years next ensuing the date of this present Act it shall and may be lawful for the respective Iustices of Peace of the said respective Counties or the major part of them at any General Sessions of the Peace to be holden for the said Counties respectively on the behalf of the said Counties or either of them from time to time as they shall sée occasion to make an Order in open Court of Sessions for charging according to their several Proportions all and every the several Inhabitants of the said respective Counties for the safeguard and securing of the said severall Counties and Inhabitants thereof from all injury violence spoil and rapine of the Moss-Troopers aforesaid Provided That the said County of Northumberland be not by force of this Act at any time charged above the sum of Five hundred pounds in the year nor the said County of Cumberland charged above the sum of two hundred pounds in the year And for this end and purpose the said several Iustices of Peace of the respective Counties aforesaid are hereby impowred and authorized at any their General Quarter Sessions aforesaid to appoint and imploy from time to time if occasion require any person or persons to have the Conduct and Command of a certain number of men not excéeding the number of Thirty men in the County of Northumberland and Twelve in the County of Cumberland whereby the Malefactors aforesaid may be searched out discovered pursued apprehended and brought to tryal of the Law And all and every the said Iustices of Peace of the respective Counties aforesaid or the major part of them at any General Sessions of the Peace to be holden for the said Counties or either of them respectively are hereby further impowred and authorized by force of this present Act to make and issue forth their respective Warrants under their hands for the levying and collecting any sum or sums of money ordered to be paid for and towards the safeguard and securing of the said Counties respectively as aforesaid and to give full power to the several Constables and other Officers to raise levy and collect the said money and all and every the Inhabitants of the said several Counties according to their respective proportionable Estates in Lands or Goods by Distress and Sale of Goods rendering the overplus if there be any to the respective Owner or Owners And the said Iustices of Peace in the said several Counties or any one of them respectively are hereby also authorized to examine any Complaint made against the Collectors and Constables or any other Officers or Ministers of Iustice whatsoever or any of them or any other refractory person or persons whatsoever that at any time hereafter shall refuse neglect or fail to give obedience to this Act or shall do any act or acts in disturbance or obstruction thereof and to bind over such person or persons to the next Quarter Sessions according to the known Laws of the Land to the end such person or persons may be procéeded withall according to Iustice And the said respective Iustices of Peace as aforesaid are hereby further Impowred and Authorized on behalf of the said several Counties respectively to appoint a Treasurer to receive from the said Collectors the Moneys by them Collected and to pay over the same according to the Orders they shall receive from the said Iustices at the General Sessions of the Peace to be holden for the said respective Counties And the said Iustices are also Impowred to agrée and article with such person or persons yearly as they shall think fit to imploy in the said Service and to take sufficient Security of them for the faithful and most effectual performance thereof for the best safeguard advantage and benefit of the people according to the true intent and meaning of this Act. And in case any person or persons shall in pursuance of this Act be imployed in the Border-Service and shall at any time hereafter wilfully and corruptly or for any sinister respect whatsoever neglect or forbear to Discover or Apprehend or to bring to Tryal any of the said persons called Moss-Troopers as aforesaid and shall be convicted thereof according to Law he or they shall from thenceforth be disabled and made uncapable for ever after to manage or take upon him or them the said Imployment and to suffer such Fine and Imprisonment according to the quality of his or their offence as the Iustices of Peace at their General Sessions shall think fit to inflict Provided nevertheless and be it hereby Declared That it shall be lawful for the Iustices of Peace of either of the said Counties as aforesaid respectively at any time hereafter to moderate or lessen the said charge if they sée cause Provided that this Act shall continue and be in force for five years and no longer Provided always and be it further Enacted by Authority aforesaid That for better suppression and punishment of the said Moss-Troopers flying out of England into Scotland or out of Scotland into England 4 Jac. cap. 1. 7 Jac. cap. 1. the Statutes made in the several Sessions of Parliament in the Fourth and Seventh years of King James shall be revived and put in execution according to their true intent 18 Car. 2. cap. 3. Continued for Seven years from the expiration of this Act. CAP. XXIII An Additionall Act concerning matter of Assurance used amongst Merchants WHereas by an Act of Parliament made in the Thrée and fortieth year of the Reign of Quéen Elizabeth of happy memory 43 El. cap. 12. Entituled An Act concerning matters of Assurances used amongst Merchants Encouragement of Merchants and Trade The Parliament then taking into Consideration by all good means to comfort and encourage the Merchants of this Kingdome thereby to advance and increase the Wealth of this Realm her Majesties Customs and the strength of shipping and for preventing of divers mischiefs in the said Act mentioned It was Enacted That it should and might be lawful for the Lord Chancellor or Lord Kéeper of the Great Seal of England for the time being to award forth under the Great Seal of England one general or standing Commission to be renewed yearly at the least and otherwise so often as unto the Lord Chancellor or Lord Kéeper should séem méet for the hearing and determining of Causes arising on Policies of Assurance such as then were or then after should be entred within the Office of Assurance of the City of London which Commissions should be directed to the Iudge of the Admiralty for the time being the Recorder of London for the time being Two Doctors of the Civil Law Two Common Lawyers and eight grave or discréet Merchants or any five of them which Commissioners or the greater part of them which
shall be néedful for Repairing of the several High-ways and places aforesaid and the said several Surveyors in their respective Counties shall provide Stones Gravel and other materials and necessaries to be used for and towards the Repairing and amending the said High-way at the places aforesaid And the said Surveyors or thrée or more of them in their respective Counties being so met and assembled are hereby authorized to appoint a Receiver or Collector of Toll and such other Officer and Officers as they shall find necessary in their respective Counties for carrying on the said Work with such moderate allowance as shall be thought fit to be approved of by any two or more Iustices of the Peace for the said respective County for which such Officer is so chosen living near to the said High-way or places aforesaid or otherwise to be removed and other fit person or persons to be chosen in his or their places by the said Iustices in the said several and respective Counties And for the better effecting thereof Be it Enacted by the Authority aforesaid That the said Surveyors or any thrée or more of them in their several Counties Charging of Carts and Carriages shall from time to time as they shall sée cause appoint and require all and every person and persons inhabiting within thrée miles of the places aforesaid being within their several and respective Counties who by any Law or Statute of this Realm now in force is or are chargeable to find any Wayn or Cart for the amending of the High-ways and every other person and persons chargeable to labour in the High-ways upon reasonable notice to send his or their Cart or Wain and Team or to come to labour in the said High-way at any the places aforesaid within their respective Counties so furnished as by the Laws and Statutes of this Realm is directed for the amending of other High-ways when and so often as the said Surveyors for their said several Counties Allowance of wages to labourers and owners or any thrée or more of them shall think néedful and appoint for which the said Surveyors shall pay unto such Labourers and to the owners of such Teams Carts and Wayns according to the usual rate of the Countrey And in case any person so charged to send his her or their Team to work as aforesaid shall refuse or neglect so to do such persons so refusing or neglecting The Penalty for refusing shall forfeit Ten shillings for every day that he or they shall make such default and every Labourer Eightéen pence for every day he shall neglect or refuse to work as aforesaid How far and often Carts and carriages may be charged Provided That no person or persons by vertue of this Act be compelled or compellable to labour or to send his or their Team Cart or Waggon for the mending of the said High-way to any of the said places being above Thrée miles distant from his Dwelling-house or not in the same County nor to labour or send his or their Team Cart or Waggon for amending of the said High-way above Thrée days in any one wéek nor at any time in Séed-time Hay or Corn-harvest Who may determine differences about carriages and labourers Wages And in case that any question shall happen to arise touching the hire to be given by the said Surveyors for such Team Cart or Waggon or concerning the wages of such Labourers imployed in mending the said High-ways That then the said Iustices of the Peace in the County where such difference ariseth or any Two or more of them shall and may determine and set down what hire for such Team Cart or Waggon and also what wages to such Labourer shall be paid or allowed by the said Surveyors and such Order in that behalf to be made shall conclude all parties And be further Enacted by the Authority aforesaid That where there is not sufficient Gravel Chalk Sand or Stones within any Parish Town Village or Hamlet wherein the said High-way How gravell Chalk Stones c. may be taken or places aforesaid or any of them do lie to repair the said High-way at any of the places aforesaid It shall and may be lawful for the said Surveyors in their several and respective Counties or any thrée or more of them and such person and persons as they shall appoint to dig take and carry away Gravel Chalk Sand or Stones out of the Waste or Common of any neighbouring Parish Town Village or Hamlet without paying any thing for the same for the repairing or amending of the said High-way at any the places aforesaid or where there is not sufficient of such materials in any Common or Waste Ground thereunto near adjoyning to dig in the several grounds of any person or persons not being an House Garden Orchard Yard or Park stored with Déer being within any Parish chargeable towards the repairs of the said High-way and places so to be repaired where any such materials are or may be found And from time to time to carry away such and so much thereof as the said Surveyors or any thrée or more of them in their respective Counties shall adjudge necessary for the said Reparations without paying any thing for such materials saving only such reasonable satisfaction to the Owner or Occupier of the Ground where the same shall be so digged carried away as for the damage he or they shall thereby sustain to be assessed and adjudged by the said Iustices of the County where the same is digged at the next or any other Quarter-Sessions for the said County in case of difference concerning the same And that the Pits and places where and from whence such materials shall be dugg and carried away for the Reparations aforesaid shall with all convenient spéed to be adjudged by the said Iustices of Peace as aforesaid be filled up and levelled with earth or other materials or else rayled about so as that the same may not be déemed dangerous or prejudicial to man or beast And for the defraying of the charge of such Reparations to be done in the places aforesaid Be it further Enacted That from and after the choice of the Surveyors aforesaid it shall and may be lawful to and for the said Surveyors for the time being with such consent and approbation as is aforesaid Who may appoint the taking of Toll or Custom of all carriages and passengers of the said Iustices of the several Counties within their own Counties and not elsewhere to choose and appoint one or more fit person or persons to receive or take such sum or sums of money in the name of Toll or Custom to be paid for all such Horses Carts Coaches Waggons Droves and Gangs of Cattel as in time to come shall pass be led or droven in or through the said way or places aforesaid as are hereafter by this Act limited and appointed that is to say for every Horse one peny for every Coach six
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
and paid in to the Receiver-General of the said several Counties who shall be appointed by His Majesty And who are hereby required to transmit or cause the same to be paid into His Majesties Receipt of His Exchequer on or before the first day of May in the year of our Lord One thousand six hundred sixty and five The second payment And the sum of Two hundred and six thousand four hundred and fifty and eight pounds six shillings eight pence being the second of the said quarterly Payments on or before the first day of August in the year of our Lord One thousand six hundred sixty five The third payment And the sum of Two hundred and six thousand four hundred and fifty and eight pounds six shillings and eight pence being the third of the said quarterly Payments on or before the first day of November in the year of our Lord One thousand six hundred sixty five And the sum of Two hundred and six thousand four hundred and fifty and eight pounds six shillings eight pence The fourth payment being the fourth of the said quarterly Payments on or before the first day of February in the year of our Lord One thousand six hundred sixty five And the sum of Two hundred and six thousand four hundred and fifty and eight pounds six shillings eight pence being the fifth of the said quarterly payments The fifth payment on or before the first day of May in the year of our Lord One thousand six hundred sixty six And the sum of Two hundred and six thousand four hundred and fifty and eight pounds six shillings eight pence being the sixth of the said quarterly payments The sixth payment on or before the first day of August in the year of our Lord One thousand six hundred sixty six And the summe of Two hundred and six thousand four hundred and fifty and eight pounds six shillings eight pence being the seventh of the said quarterly payments on or before the first day of November The seventh payment in the year of our Lord One thousand six hundred sixty six And the summe of Two hundred and six thousand four hundred and fifty and eight pounds six shillings eight pence The eight payment being the eighth of the said quarterly payments on or before the first day of February in the year of our Lord One thousand six hundred sixty six And the summe of Two hundred and six thousand four hundred and fifty and eight pounds six shillings eight pence The ninth payment being the ninth of the said quarterly payments on or before the first day of May in the year of our Lord One thousand six hundred sixty seven And the summe of Two hundred and six thousand four hundred and fifty and eight pounds six shillings eight pence being the tenth of the said quarterly payments The tenth payment on or before the first day of August in the year of our Lord One thousand six hundred sixty seven and the sum of Two hundred and six thousand four hundred and fifty and eight pounds six shillings eight pence being the eleventh of the said quarterly payments on or before the first day of November The eleventh payment in the year of our Lord One thousand six hundred sixty seven and the sum of Two hundred and six thousand four hundred and fifty and eight pounds The twelfth payment six shillings eight pence being the twelfth of the said quarterly payments on or before the First day of February in the year of our Lord One thousand six hundred sixty seven And for the compleating of the whole sum charged upon the same and to the end the aforesaid sums charged upon the several and respective Counties Cities Burroughs Towns and places may be equally and indifferently Assessed according to the true intent of this Act and the money duly Collected The duty of the Assessors and true accompt thereof made the said Assessors are hereby required to deliver one Copy of their respective Assessments fairly written and subscribed by them unto the said Commissioners and the said Commissioners or any two or more of them are hereby ordered and required to Sign and Seal two Duplicates of the said Assessements and the one of them to deliver or cause to be delivered to one or more honest and responsible person or persons to be Subcollector or Subcollectors Subcollectors for each parish which the said Commissioners are hereby authorized to nominate and appoint for each Parish or Place with Warrant to the said Subcollector or Subcollectors to Collect the said Assessment payable as aforesaid so as the said several sums may be paid into the said Receivers General and by them into the Receipt of His Majesties Exchequer at the respective times aforesaid and the said Commissioners are hereby required to deliver Duplicates to be transmitted into the Exchequer or cause to be delivered the other of the said Duplicates of each Parish or place to the Receiver General of each County City Town or place respectively to be by him the said Receiver-General transmitted into the Kings Remembrancers Office in the Exchequer which the said Receiver General is required to perform accordingly And be it further Enacted and Declared That the said Commissioners in their respective Divisions or Hundreds The Commissioners to nominate a Head Collector for each division or any two or more of them shall and are hereby impowred to nominate and appoint under their Hands and Seals an honest able and responsible person to be Head-Collector unto whom the moneys received by the Subcollectors within the Division or Hundred shall from time to time be duely paid And the said Head-Collector is hereby required upon the Receipt thereof to pay the same forthwith to the Receiver-General of each County respectively How Collectors and Sub-collectors shall pay the moneys received And be it further Enacted and Declared That the particular Collectors and Subcollectors are hereby required to pay in all and every the sums so received by them to the said Receivers-General aforesaid who are hereby required forthwith to transmit or cause to be paid the moneys by them received into the Receipt of His Majesties Exchequer And the said Lord Treasurer is hereby Authorised to allow the said Receiver-General of each County City and Town respectively Allowances to the Receivers General in case he hath returned up as aforesaid a Duplicate of the Assessment of each Parish or Place in the County City or Town for which he is appointed Receiver-General a Salary for his pains not exceeding one peny in the pound upon the cléering of his Accompt which Duplicate so to be returned into the Kings Remembrancers Office in the Exchequer is intended to contain no more then the sums in gross to be collected by each Sub-collector and the several names of the said Sub-collectors And it is hereby further Enacted and Declared Allowances to Sub-collectors That the
the Coals which shall be otherwise sold or exposed to sale by any Woodmonger or Retailer of Coals and the double value thereof to be recovered by any person or persons that will prosecute for the same in any Court of Record or by way of complaint made unto the Lord Mayor of London for the time being and Iustices of Peace within the City of London and Liberties thereof or to any two of them or to the Iustices of Peace of the several and respective Counties and Places where such Coals shall be exposed to sale or any of them who are hereby Impowred and Required to call the Parties before them and to hear and examine such Complaint upon Oath which by vertue of this Act is to be administred by them or any Two of them and upon due proof thereof made to their satisfaction to Convict the Offenders and to give Warrant under their Hands and Seals for levying the Forfeitures accordingly the one half thereof to be to and for the use of the person or persons so prosecuting or complaining and the other half to and for the use of the Poor or repairing of the High-wayes within the same Parish or any other adjoyning Parish or Parishes to be appointed and apportioned by the direction of the said Lord Mayor and Iustices by such their Warrant as aforesaid And the said Lord Mayor of London and the Court of Aldermen for the time being Who may set Rates upon Coals in London and the Iustices of Peace of the several Counties respectively or any thrée or more of them whereof one to be of the Quorum are hereby impowred to set the Rates and Prises of all such Coals as shall be sold by Retail as they from time to time shall judge reasonable allowing a competent profit to the said Retailer beyond the price paid by him to the Importer and the ordinary charges thereupon accruing And that if any Ingrosser or Retailer of such Coals shall refuse to sell as aforesaid Ingrossers or Retailers refusing to â—ell at the said Rates That then the said Lord Mayor and Aldermen and Iustices of Peace respectively are hereby authorised to appoint and impower such Officer or Officers or other persons as they shall think fit to enter into any Wharf or other place where such Coals are stored up And in case of refusal taking a Constable to force entrance and the said Coals to sell or cause to be sold at such Rates as the said Lord Mayor and Aldermen and Iustices respectively shall judge reasonable rendring to such Ingrosser or Retailer the money for which the said Coals shall be so sold necessary charges being deducted The continuance of this Act. Provided That this Act shall continue for thrée years next ensuing and thenceforth to the end of the next Session of Parliament and no longer Provided also That no person or persons that shall be sued by vertue of this Act for not observing thereof shall be sued upon any other Act or Law now in force for the same offence And if any Action shall be commenced against any Iustice of Peace Persons sued upon this Act may plead the general issue Constable or other Officer or Person for any thing done by colour of this Act the Defendant in every such Action may plead the general Issue and give the special matter in Evidence And if the Verdict be found for him or the Plaintiff become Non-suited shall recover and have his Damages and double Costs of suit for his unjust Vexation in that behalf Who may not act in setting Rates upon Coals Provided always That no Person having any Interest in any Wharf used for the receiving or uttering of Coals or that doth or shall Trade by himself or others in his own or any other name in the sale of any Coals or the Engrossing the same in order to sell the same and not for his own private use onely shall act or otherwise intermeddle in the setting the Price of Coals Any thing in this Act to the contrary in any wise notwithstanding CAP. III. For the Returning of able and sufficient Jurors FOr the returning of more able and sufficient Iurors for Trials hereafter to be had betwéen Party and Party and for reformation of abuses in Sheriffs and other Ministers who for reward do oftentimes spare the ablest and sufficientest and return the poorer and simpler Fréeholders less able to discern the Causes in question and to bear the charges of appearance and attendance thereon Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same Iurors for trials of issues shall have 20 l. per annum Freehold That all Iurors other then Strangers upon Tryals per medietatem linguae who are to be returned for the Tryals of Issues joyned in any of the Kings Majesties Courts of Kings Bench Common-Pleas or the Exchequer or before Iustices of Assize or Nisi Prius Oyer and Terminer Gaol-Delivery or General or Quarter-Sessions of the Peace from and after the twentieth day of April which shall be in the year of our Lord One thousand six hundred sixty five in any County of this Realm of England shall every of them then have in their own name or in trust for thâ—â— within the same County twenty pounds by the year at least above reprises in their own or their wives right of Free-hold Lands or of ancient Demesne or of Rents in Fee Fee-tail or for life And that in every County within the Dominion of Wales every such Iuror shall then have within the same eight pounds by the year at the least above reprises in manner aforesaid All which Persons having such Estate as aforesaid are hereby enabled and made lyable to be returned and to serve as Iurors for the Tryal of Issues before the Iustices aforesaid Any Law or Statute to the contrary in any wise notwithstanding And if any of a lesser Estate and value shall be respectively returned upon any such Iury or Tales in default of such Iurors it shall be a good cause of Challenge and the Party returned shall be discharged upon the said Challenge or his own Allegation and Oath thereof And that no Iury-mans Issues making default shall be saved but by special Order of the Iudge or Iudges before whom the Issue is to be tryed Issues of Iurors upon default for some just and reasonable cause proved upon Oath before the same Iudge or Iudges And all such Issues shall be duly estreated and levied The Ven ' fac And that the Writ of Venire facias which from and after the aforesaid time shall be awarded and directed for the impannelling of Iuries in cases aforesaid within any County of England shall be in this form Rex c. Praecipimus c. quod venire fac coram c. duodecem liberos legales homines
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 saâ—d 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
Road safety and preservation of Ships that may resort thither as well in peril of Storms as otherwise to lade or unlade their Goods and to alter repair and amend the same or any part of it from time to time as oft as néed shall require And to the end that the making the said River Navigable and passable for Barges Boats Lighters and other Vessels and the erecting and making the said Haven Channels Sasses Locks Wears Turnpikes Penns for Water Wharfs Bridges Ways and Passages as aforesaid or other things may not be any way prejudicial to the Inheritance Possession or profit of any person or persons Bodies Politick or Corporate whatsoever that have any Lands Tenements Wears or Hereditaments adjoyning unto the said River or Streams Brooks new Chanels and Passages as aforesaid or any of them or through which the same shall be made or cut as aforesaid Satisfaction to parties endamaged in any of their lands Be it therefore Enacted by the Authority aforesaid That the said Vndertakers before they do meddle with the Lands Inheritance Possession or Profit of any person or persons Bodies Politick or Corporate shall first agrée with such persons Bodyes Politick or Corporate for the loss or damage that any of them shall or may any way receive by the making or altering the said Haven Channels Wharfs Sasses Locks Wears and Passages or procure some Order therein to be made by the Commissioners to be Assigned for that purpose as hereafter in this present Act is expressed And for the better effecting of the premisses and the due rating of the value of the things to be compounded for by the true intent of this Statute if the Parties shall not agrée Be it Enacted by the Authority aforesaid Commissioners for compounding with persons so damnifide That at the request and charges of the said Vndertakers One or more Commission or Commissions under the Great Seal of England shall be granted to Edward Earl of Clarendon Lord Chancellor of England Thomas Earl of Southampton Lord High Treasurer of England Philip Earl of Pembroke and Mountgomery William Lord Herbert of Cardiffe Henry Lord Viscount Cornbury George Lord Bishop of Winchester and the Bishop of Winchester for the time being John Lord Bishop of Sarum and the Bishop of Sarum for the time being William Lord Sands Robert Lord Brook Anthony Lord Ashly Chancellor of the Exchequer Sir Edward Nicholas Knight One of His Majesties most Honourable Privy-Council Sir Robert Hyde Knight Lord Chief Iustice of the Kings Bench Sir Wadham Windham Knight one of the Iustices of the Kings Bench Sir George Grubham How Baronet Sir Joseph Ash Baronet Sir John Nicholas Knight of the Bath sir John Low Knight sir Robert Mason Knight sir Thomas Mompesson Knight sir John Clobery Knight Stephen Fox Esquire Clerk of the Gréen-Cloth and one of the Citizens for the City of New-Sarum John Joyce Mayor of the City of New-Sarum and the Mayor of the City for the time being Richard Coleman Esquire Recorder of the City of New-Sarum and the Recorder of the same City for the time being Francis Roll Esquire High Sheriff of the County of Southampton Lawrence Hyde Esquire Humphrey VVeld Esquire Edward Hyde of Hatch Esquire Richard How Esquire John Holt the elder of the Close of the City of New-Sarum Esquire George Vennerd of the City of New-Sarum Esquire Edward Manning Esquire Richard Compton Esquire Thomas Knowles Esquire Philip Lee Esq Walter Bockland Esq VVilliam Swanton Esq Roger Gallop Esq Edward Hooper of Huncourt Esq Will. Tulse Esq John Hobby Esq Henry Tulse Esquire Henry VVhitehead Esq The Mayor of VVilton for the time being and the Mayor of Christ-Church for the time being Samuel Percival Esquire VVilliam Lisle Esquire and Philip Percival Gentleman The power of the said Commissioners Which said Commissioners or any seven or more of them not being Parties concerned shall have full power and Authority and are hereby impowred and Authorized by examination of witnesses upon Oath which Oath they or any seven or more of them have hereby power to administer or by any other lawful ways or means to examine here and determine all and all manner of Controversies Debates and Questions which shall happen and arise betwéen any persons whatsoever touching or concerning any matter or thing relating to the aforesaid Premisses or any part thereof And to appoint determine and decree what and how much satisfaction every such person or persons Body politick or Corporate shall have for or in respect of the loss to be by him her or them sustained notice being first given of their Méeting by Papers publickly affixed to the Church-doors or set up in the Market-places of the City of New-Sarum and the Towns of Christ-Church and Ringwood Ten days at the least before their Méeting declaring the time and place of their Meeting And also notice in writing being first left at the Dwelling-house of every Party concerned or at their usual place of abode or with some Tenant or Occupier of some House Land or Tenement of such party within fiftéen Miles of the said River Which said Determination Sentence and Decrée set down declared and pronounced by the said Commissioners or any seven or more of them and the Price and Recompence by them limited shall bind all Parties therein concerned in Possession Reversion or Remainder or otherwise and as well Infants Feme Coverts as others and their Heirs in Fée-Simple or in Tail and their Executors Administrators and Assigns and all claiming by from or under him her or them or any of them which Order Sentence and Decrée shall be set down in writing under the Hands and Seals of the said Commissioners or any seven or more of them within six wéeks after the first Resort to them for that cause according to this Act the same to be kept among the Records of the Sessions of the Peace for the City of New-Sarum by the Clerk of the Peace for the time being of the said City Transcripts whereof shall be delivered to the several Clerks of the Peace of the respective Counties of VVilts and Southampton to be by them kept upon Record amongst the Records of the Sessions of the said respective Counties All which shall be taken adjudged and déemed good and sufficient Evidence and proof in any Court of Record whatsoever And that upon payment of such sum or sums so ordered or agréed upon to the said persons concerned or tender thereof made at his or their Dwelling-house or the house of his or their Tenant of some Tenement house or Land of theirs within fiftéen miles of the said River and if they have no such Dwelling-house Land or Tenement or if upon such tender at their said Dwelling-house or the House Land or Tenement of such Tenant as aforesaid they refuse or are not ready to receive the same That upon payment of the said sum to the Mayor and Commonalty of the City of New-Sarum in the Council-Chamber of the said City
for the use of such persons It shall then and not before be lawful to and for the said Vndertakers and their Work-men and Servants to dig and make or cause to be digged and made the said Haven Channels Wharfs Sasses Locks and Passages or do any such other Act for which any such Agréement or Order shall be made as aforesaid And be it further Enacted That when any of the said Commissioners shall happen to dye How Commissioners dying or renouncing may be supplyd or become unfit for or renounce the Service That then and so often it shall be lawful to and for the said Lord Chancellor or Lord Keeper of the Great Seal of England for the time being from time to time to supply appoint and authorize One or so many Commissioners of the Counties of VVilts Southampton or Dorset of the Nobility or Knights and principal Gentlemen of the said Countries dwelling or having Estates within fifteen miles of the said River as shall make and fill up the before mentioned number of Commissioners which said Commissioners so supplyed appointed and authorized as aforesaid not excéeding the number before mentioned nor being under the number of One and thirty or any seven or more of them shall from thenceforth have like Power and Authority in all things as those Commissioners which are expresly named in this Act And that the Commissioners and such as from time to time for the future shall be supplyed as aforesaid or any seven or more of them have like Power and Authority to Survey the said Haven and River and all Wharfs Sasses Locks Wears Turnpikes Penns for water and all Ditches Sewers and Streams running into the said River and the Mills Mill-damms Floodgates Walls Banks and Bridges now made or hereafter to be made and built upon the same and all Impediments Decays Loss and Annoyances in the same and make like Process to inquire thereof and to set such Fines Penalties and to make such Orders and Decrées for altering amending or removing the same as any Commissioners of Sewers by any Law Statute or Commission of Sewers are enabled to do in other Rivers and Places Any Law or Statute to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That the said Vndertakers authorized as aforesaid for the making the said Haven and Passages from time to time shall have full power and authority by and with the consent of the said Commissioners or any seven or more of them to make Orders and Constitutions for the good and orderly usage of the said Haven and Passages and for all Wharfs The power to make orders and constitutions Sasses Locks Wears and Turn-pikes and for all Ships and Vessels Barges Lighters Boats Boat-men Passengers Carriages and Rates for Carriages by or through the said Haven or Passages and all things concerning the same and to set lay and execute such reasonable Pains and Punishments upon the Breakers thereof To impose penalties upon the breakers as to them in discretion shall séem méet and reasonable which said Orders and Constitutions being put in Writing under the Hands and Seals of the said Vndertakers and being allowed by the said Commissioners or any Seven or more of them under their several Hands and Seals and by the Iustices of Assize of the said several Counties of VVilts and Southampton which shall be at the time of the Signing Sealing and Publishing of the said Orders as aforesaid shall be binding to all persons whatsoever any Law or Vsage to the contrary notwithstanding The said Orders and Constitutions to be kept amongst the Records of the Sessions of the Peace for the City of New-Sarum by the Clerk of the Peace for the time being of the said City Transcripts whereof shall be delivered to the several Clerks of the Peace of the respective Counties of Wilts and Southampton to be by them kept upon Record amongst the Records of the Sessions of the said respective Counties All which shall be taken adjudged and déemed good and sufficient Evidence and proof in any Court of Record whatsoever Nevertheless the Iustices of Assize for the Counties of Wilts and Southampton Persons grieved may appeal to the Iustices of Assise upon complaint to them made by any persons grieved with the said Taxations Assessments Charges Orders Constitutions Pains and Penalties or any of them shall and may abridge moderate alter or reform the same as they shall find just cause such Orders to be under the Hands and Seals of the said Iustices and to be kept among the Records of the Sessions as aforesaid And the respective Commissioners and Iudges of Assize as aforesaid are from time to time to take special care in the manner of the laying and assessing of the said Rates and ordering and disposing of the said Haven Passages and Wharf that all opportunity for the Vndertakers or any other to engross the Commodities of the said Countrey or impose upon the Markets may be prevented The Vndertakers to have the Taxes upon Carts Carriages c. And be it Enacted by the Authority aforesaid That the said Vndertakers authorized as aforesaid for the making the said Haven and Passages respectively and their several and respective Heirs and Assigns for ever having first given satisfaction as aforesaid shall have hold peaceably and quietly receive demand take and enjoy all and every the said Rates Profits and Advantages whatsoever which shall or may from time to time and at all times hereafter be made arise grow or become due or payable for the Carriages of Wood Coals Corn Salt or any other Merchandises Commodities or Carriages whatsoever by any Ship or Vessel Barge Boat Lighter or otherwise up or down the said Haven River new Channels or the said Sasses Locks Wears Turn-pikes Penns for water Cranes Wharfs or any of them and also shall have and receive as aforesaid all Penalties imposed by the said Orders as aforesaid and in case of Refusal or Denial of Payment Penalties and how to recover the same shall and may sue for the same by Action of Debt in any Court of Record in which Action no Wager of Law Essoign or Protection shall be allowed or may distrain or make stoppage of the said Goods or Vessels till they shall be satisfied for the same And that all Fines and Amerciaments which shall be imposed as aforesaid for any Annoyances and Offences which shall be at any time hereafter committed to the hurt or prejudice of the said River or any thing thereunto appertaining shall be to the only use benefit and behoof of the said respective Vndertakers their several and respective Heirs Successors and Assigns for ever And for that the Barges Boats Lighters or other Vessels must of necessity in some places and at some times be haled up by strength of Men Horses Winches Engines or other means in that behalf convenient Drawing and haling of Barges c. upon the Banks Be it therefore Enacted by Authority of this
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
Great Seal of Lands Liberties Honours or Offices do or may issue in the Kings Majesties Name in the same manner as was usual before the making of the said first recited pretended Act any thing in this present Act to the contrary thereof before expressed in any wise notwithstanding St. 13. Car. 2. cap. 12. CAP. IV. A Subsidie granted to the King of Tonnage and Poundage and other some of Money payable upon Merchandize Exported and Imported The Causes and Trusts upon granting the Subsidies of Tonnage and Poundage THe Commons assembled in Parliament reposing Trust and Confidence in Your Majesty in and for the Guarding and Defending of the Seas against all persons intending or that shall intend the disturbance of Your said Commons in the intercourse of Trade and the invading of this Your Realm For the better defraying the necessary Expences thereof which cannot otherwise be effected without great charge to Your Majesty Do by and with the advice and consent of the Lords in this Your present Parliament assembled and by the authority of the same Defending the Seas to the intent aforesaid Give and Grant unto You our Supreme Liege Lord and Soveraign A Subsidy of Tonnage granted to the King one subsidy called Tonnage That is to say Of every Ton of Wine of the growth of France or of any the Dominions of the French King or Crown of France that shall come into the Port of London and the Members thereof by way of Merchandize by your Natural born Subjects the sum of Four Pounds and ten shillings of currant English Money and so after that Rate and by Strangers and Aliens Six pounds of like money And of every Ton of the like Wine which shall be brought into all and every the other Ports and places of this Kingdome and the Dominions thereof by way of Merchandize by Your Naturall Born Subjects the sum of Thrée pounds and by Aliens Four pounds and ten shillings And of every Butt or Pipe of Muscadels Malmseys Cutes Tents Allicants Bastards Sacks Canaries Malligoes Maderoes and other Wines whatsoever commonly called Swéet Wines of the growth of the Levant Spain Portugal or any of them or of any the Islands or Dominions to them or any of them belonging or elsewhere that shall come or be brought into the Port of London by your Natural born Subjects the sum of Fourty five shillings of currant English money and so after that Rate And by Strangers and Aliens Thrée pounds of like money And of every Butt and Pipe of the like Wine which shall come or be brought into all every or any the other Ports and Places of this Kingdom and Dominions thereof by way of Merchandize by Your Natural Born Subjects the sum of Thirty shillings and by Strangers Forty five shillings And of every Awm of Rhenish Wine or Wine of the growth of Germany that shall be brought into this your Realm and the Dominions thereof by your Natural Born Subjects The sum of twenty shillings of currant English money and strangers and Aliens Twenty and five shillings which several Rates are the same which are expressed in a certain Book of Rates herein after mentioned and referred unto And also one other Subsidy called Poundage That is to say of all manner of Goods and Merchandize of every Merchant A subsidy of poundage Natural Born Subject Denizen and Alien to be carryed out of this Realm or any your Majesties Dominions to the same belonging or to be brought into the same by way of Merchandize of the value of every twenty shillings of the same Goods and Merchandizes according to the several and particular Rates and values of the same goods and Merchandizes as the same are particularly and respectively Rated and Valued in the said Book of Rates herein after mentioned and referred unto Twelve pence and so after that Rate And of every Twenty shillings value of any the Native Commodities of this Realm or Manufactures wrought of any such Native Commodities to be carried out of this Realm by every or any Merchant Alien according to the Value thereof in the said book expressed Twelve pence over and above the Twelve pence aforesaid Except and foreprized out of this Grant of Subsidy of Poundage all manner of Woollen Clothes made or wrought or to be made or wrought within this Realm of England commonly called Old Draperies and all Wines before limited to pay subsidy of Tonnage and all manner of Fish English taken and brought by English bottoms into this Realm and all manner of fresh Fish and bestial that shall come into this your Realm and all other Goods and Merchandizes which in the said book of rates are mentioned to be custome-frée Exceptions out of the subsidy of poundage And further We your said Commons by the advice Assent and Authority aforesaid do give and grant unto You Our said Liege Lord and Soveraign for the causes aforesaid One other Subsidy That is to say of and for every short woollen cloth to be exported by Your Natural Born Subjects of this your Realm and the Dominions thereof called broad Cloth not excéeding twenty eight yards in length and thréescore and four pounds in weight the sum of thrée shillings and four pence of Currant English money and for every Cloth of short cloth of old Drapery of lesser length and weight accounting so many pieces to a short cloth as limited and appointed thereunto by the said Book of Rates to be likewise exported by your said natural born Subjects the like sum of of thrée shillings four pence and so after that rate and by Strangers and Aliens six shillings and eight pence for every short cloth accounted as aforesaid which several Rates are accordingly expressed in the said Book of Rates herein after mentioned and referred unto A subsidy of strangers Aliens To have hold take enjoy and perceive the Subsidies aforesaid and every of them and every part and parcel of them unto your Majesty from the four and twentieth day of June inclusively The said subsidies granted to the King during his life in the Twelfth year of your Majesties Reign for and during your Majesties life which God long preserve And be it further Enacted by the Authority aforesaid That if any Wines Goods The penalty for not paying the subsidy or other Merchandize whereof the Subsidies aforesaid are or shall be due shall at any time after be shipped or put into any Boat or Vessel to the intent to be carried into the parts beyond Seas or else be brought from the parts beyond the Seas into any Port Place or Créek of this Realm or other your Majesties Dominions by way of Merchandize and unshipped to be laid on Land the Subsidy Customes and other duties due or to be due for the same not paid or lawfully tendred to the Collector thereof or his Deputy with the consent and agréement of the Comptroller and Surveyor there or one of them at the least nor agréed with
raised levyed collected 12 Car. 2. c. 2. â— and paid unto Your Maiesty during Your Life for Beer Ale Sider and other Liquors herein after mentioned The several Rates Impositions Duties and Charges herein after expressed and in manner and form following That is to say Beer and Ale above 6 s. the barrel For every Barrel of Beer or Ale above six shillings the barrel brewed by the Common Brewer or any other Person or Persons who doth or shall sell or tap out beer or Ale publickly or privately to be paid by the common Brewer or by such other person or persons respectively and so proportionably for a greater or lesser quantity One shilling three pence XV. d. Beer and Ale of â— s. the barrel For every barrel of Six shillings Beer or Ale or under brewed by the common Brewer or any other person or persons who doth or shall sell or tap out such Beer or Ale publickly or privately to be paid by the said common Brewer or by such other person or persons respectively as aforesaid and so proportionably for a greater or lesser quantity three pence iij. d. Sider Perry For all Syder and Perry made and sold by retail upon every Hogshead to be paid by the Retayler thereof and so proportionably for a greater or lesser measure One shilling three pence XV. d. Metheglin Mead. For all Metheglin or Mead sold whether by Retail or otherwise to be paid by the maker thereof upon every Gallon One half-penny Ob. Vinegar-beer For every Barrel of Beer commonly called Vinegar-Beer brewed by any common Brewer in any common Brew-house six pence Vi. d. Strong water For every Gallon of Strong-water or Aquavitae made and sold to be paid by the maker thereof One penny i. d. Beer and Ale Imported For every barrel of Beer or Ale Imported from beyond the Seas Three Shillings iij. s. Syder Perry Imporced For every Tun of Syder or Perry Imported from beyond the Seas and so proportionably for a greater or lesser quantity Five shillings V. s. Spirits Imported For every gallon of Spirits made of any kind of Wine or Syder Imported Two pence ij d. Strong-water Imported For every gallon of Strong-water perfectly made Imported from beyond the Seas Four pence iiij d. Coffee For every Gallon of Coffee made and sold to be paid by the maker Four pence iiij d. Chocolatte For every gallon of Chocolatte Sherbet and Tea made and sold to be paid by the maker thereof â—ight pence Viij d. The Excise upon forreign liquors imported to be paid by the importers in money upon entries made before landing Common brewers to accompt weekly and other retailers of beer ale c. monthly And be it further Enacted and Ordained by the Authority aforesaid That the several Rates Duties and Charges of Excise or New Impost above mentioned hereby set or imposed upon all and every the said Forreign Liquors which shall be Imported or brought into all or any the Ports of this Kingdom and Dominions thereof aforesaid from and after the five and twentieth day of December next shall be from time to time satisfied and paid by the Merchant or Merchants Importer or Importers of the same in ready money upon his or their Entry or Entries made and before the landing thereof The penalty for not accounting as aforesaid And be it further Enacted by the Authority aforesaid That all common Brewers of Béer and Ale shall once in every Wéek And all Inn-kéepers Victuallers and other Retaylers of Béer Ale Syder Perry Metheglin or Strong-water Brewing Making or Retailing the same shall once in every moneth make true and particular Entries at the Office of Excise within the limits of which the said Commodities and Manufactures are made of all Béer Ale Perry Syder Metheglin Strong-Water or other the Liquors aforesaid which they or any of them shall Brew make or Retail in that Wéek and Moneth respectively as aforesaid The penalty for not accounting as aforesaid And be it further Enacted by the Authority aforesaid That all such common Brewers who do not once a Wéek make due and particular Entries shall forfeit five pounds And that every such Inn-kéeper who doth not make true and particular Entries once a Moneth shall forfeit five pounds And that every Alehouse-kéeper Victualler or other Retailer who doth not once a moneth make due and particular Entries shall forfeit twenty shillings And be it further Enacted by the Authority aforesaid That every Common Brewer who shall not pay and clear off within a Wéek after he made his Entry or ought to have made his Entry as aforesaid shall pay double the value of the Duty And that every Inn-kéeper Alehouse-kéeper Victualler or other Retailer who shall not pay and clear off within a Moneth after he made his Entry or ought to have made his Entry as aforesaid shall pay double the value of the Duty The said respective forfeitures to be levyed upon their Goods and Chattels in such manner and form as hereafter in this Act is Ordained and directed Provided that no such person as aforesaid shall be compelled by the Commissioners or Sub-Commissioners of Excise No person to be compelled by the Commissioners of Excise to go further for making their entries then the next market-Town The Commissioners for execution of this act impowred to appoint gagers The power of the gagers to travel for the making of the said Entries or payment of the said Duties or other cause whatsoever touching or concerning the same if he live in a Market-Town out of the said Town if he live out of a Market-Town then to no other place then to the next Market-Town to his habitation in the same County on the Market-day And be it further Enacted and Ordained by the Authority aforesaid That the Commissioners who shall be appointed by his Majesty for putting this Act in execution and their Sub-Commissioners in their respective Circuits and Divisions shall hereby have power to constitute under their Hands and Seals such and so many Gagers as they shall find néedful Which Gagers and every of them shall at all times as well by night as by day And if by night then in the presence of a Constable or other lawful Officer be permitted upon their request to enter the house Brew-house Distilling-house and all other houses and places whatsoever belonging to or used by any Brewer Inn-kéeper Victualler or other retailer of Béer Brewing or making the same as aforesaid or by any Distiller of Strong-waters or Retailer of other the Liquors aforesaid And to Gage all Coppers Fat 's and Vessels in the same And to take an accompt of Béer Ale Worts Perry Syder Strong-waters Aquavite Metheglin or other the Liquors aforesaid in the said Houses Places and Vessels from time to time Brewed or Made and Distilled and thereof to make return or report in Writing to the said Commissioners or Sub-Commissioners of Excise
within a Wéek after he made his Entry or ought to have made his Entry as aforesaid shall pay double the value of the Duty And that every Inn-kéeper Alehouse-kéeper Victualler or other Retailer who shall not pay and clear off within a Moneth after he made his Entry or ought to have made his Entry as aforesaid shall pay double the value of the Duty The said respective forfeitures to be levyed upon their Goods and Chattels in such manner and form as hereafter in this Act is Ordained and directed Provided that no such person as aforesaid shall be compelled by the Commissioners or Sub-Commissioners of Excise In what places Entries shall be made to travel for the making of the said Entries or payment of the said Duties or other cause whatsoever touching or concerning the same if he live in a Market Town out of the said Town if he live out of a Market Town then to no other place then to the next Market Town to his habitation in the same County on the Market day The powers of the Commiss oners to appoint Gagers The powers of the Gagers And be it further Enacted and Ordained by the Authority aforesaid That the Commissioners who shall be appointed by his Majesty for putting this Act in execution and their Sub-Commissioners in their respective circuits and divisions shall hereby have power to constitute under their Hands and Seals such and so many Gagers as they shall find néedful Which Gagers and every of them shall at all times as well by Night as by Day And if by Night then in the presence of a Constable or other lawful Officer be permitted upon their request to enter the House Brew-house Distilling-house and all other Houses and Places whatsoever belonging to or used by any Brewer Inn-kéeper Victualler or other Retailer of Béer Brewing or Making the same as aforesaid or by any Distiller of Strong-Waters or Retailer of other the Liquors aforesaid And to Gage all Coppers Fat 's and Vessels in the same and to take an accompt of Béer Ale Worts Perry Strong-Waters Aquavite Metheglin or other the Liquors aforesaid in the said Houses Places and Vessels from time to time Brewed or Made and Distilled and thereof to make Return or Report in Writing to the said Commissioners or Sub-Commissioners of Excise under whose Office and Limits such Brewer Retailer Distiller or Maker of the Liquors aforesaid doth dwell and inhabit leaving a true Copy of such Return in writing under his hand with such Brewer Retailer Distiller or Makers of the Liquors aforesaid And such Reports or Returns of the said Gagers shall be a charge upon the said Brewers Makers and Retailers respectively And if any such common Brewer Maker or Retailer shall refuse to permit any such Gager or Gagers to enter his Brew-house or any other places aforementioned or to gage or take accompt of his Brewing-Vessels or any such Béer Ale Worts Perry Syder Strong-Water Aquavite Metheglin or other the Liquors aforesaid such Brewer Retailer or Distiller shall be forthwith forbidden by the said Gager or Gagers to sell carry out or deliver to any of his Customers any Béer Ale Strong-Water Aquavite or other the Liquors aforesaid And if any such Brewer Penalty for selling c. not having cleared the Excise Retailer or Distiller of any the Liquors aforesaid after such warning given shall sell carry or deliver out the same or any part thereof not having paid and cleared the duty of Excise such person and persons shall besides the forfeiture of double the value forfeit and lose the sum of Ten pounds as aforesaid for every offence to be levyed and recovered upon his or their Goods and Chattels in manner and form as hereafter in this Act is provided Proportions to be observed in returns of Gagers And for the avoiding of all Incertainty and dispute touching the returns made or to be made by the Gagers of any Béer or Ale so Brewed as aforesaid Be it enacted and declared by the Authority aforesaid That every six and thirty Gallons of Béer taken by the Gage according to the Standard of the Ale-quart four whereof shall make the Gallon remaining in the custody of the Chamberlains of his Majesties Exchequer shall be reckoned accompted and returned by the Gager for a Barrel of Béer And every two and thirty Gallons of Ale taken by the Gage according to the same Standard shall be in like manner reckoned accompted and returned for a Barrel of Ale And all other the Liquors aforesaid according to the Wine-gallon Brewers and Retailers to observe the usual rates and prizes Provided alwayes and be it Enacted and Ordained by the Authority aforesaid That no Brewers or Retailers of Béer and Ale shall take any more in the price thereof upon Sale of the same then according to the usual Rates and Prices saving that every common Brewer shall and may take and receive of all and every person and persons to whom he shall sell and deliver any Béer or Ale the Excise thereupon due as aforesaid over and above the usual Rates and Prizes Encouragement to Brewers to make true Entries And be it Enacted by the Authority aforesaid That for the better encouragement of all common Brewers or Makers of Béer or Ale to make due entry and payment thereof according as by this Act is appointed the said common Brewer not selling the same by Retail for and in consideration of waste by fillings and leakage of their Béer and Ale shall have and be allowed out of the said Returns made by the Gagers Allowance for Waste and Leakage the several allowances and abatements hereafter mentioned that is to say upon every thrée and twenty Barrels of Beer whether strong or small returned by the said Gagers thrée Barrels And upon every two and twenty Barrels of Ale whether strong or small returned by the Gagers two Barrels which said allowances and abatements the said Commissioners to be appointed as aforesaid and their Sub-Commissioners are hereby authorized to allow and make accordingly Forfeiture for making false Entrâ—es Provided alwayes That where any common Brewer shall wittingly or willingly make a false Entry and be convicted for the same before the Commissioners to be appointed as aforesaid or any two of them or before such other person or persons as are hereafter by this Act appointed in that case such Brewer or Brewers shall forfeit and lose over and besides the penalties before mentioned the said allowance so to be made for six moneths then next ensuing No Beer c. to be delivered by the Brewer until the Excise be paid by the Retailer And be it Enacted and Ordained by the Authority aforesaid That no Béer or Ale shall be delivered in by such Brewer or Maker thereof to any Victualler or any Retailer thereof untill the Rate which by such Victualler or Retailer is to be paid over and above the price of the said Béer or Ale for or in respect
Coronor Steward or Bailiff of any Franchise or Liberty or by any other Officer Minister Vnder-bailiff or other person or persons whatsoever within this Realm having or pretending to have Authority or Warrant in that behalf by force or colour of any Writ Bill or Process issuing or to be issuing out of His Majesties said Courts of Kings Bench and Common Pleas or either of them in which said Writ Bill or Process the certainty and true cause of Action is not expressed particularly and for which the Defendant or Defendants in such Writ Bill or Process named is and are bailable by the Statute in that behalf made in the thrée and twentieth year of the Reign of the late King Henry the sixth shall be forced or compelled to give security or to enter into Bond with Sureties 23 H. 6. ca. 10. for the Appearances of such person or persons so arrested at the day and place in the said Writ Bill or Process specified or contained in any penalty or sum of money excéeding the sum of Forty pounds of lawful money of England to be conditioned for such Appearances and that all Sheriffs and other Officers and Ministers aforesaid shall let to bail and deliver out of Prison and from their and every of their Custodies respectively all and every person and persons whatsoever by them or any of them arrested upon any such Writ Bill or Process wherein the certainty and true cause of Action is not particularly expressed upon Security in the sum of Forty pounds and no more given for Appearance of such person or persons so arrested unto the said Sheriff or Officer aforesaid according to the said Statute in the said thrée and twentieth year of the Reign of the said late King Henry the sixth in that behalf made and provided And be it further Enacted by the Authority aforesaid That upon Appearance to be Entred in the Term wherein such Writ Bill or Process is retornable with the respective Officer in that behalf for the said person or persons by Attorney or Attorneys in the said respective Courts from whence the said Writ Bill or Process issued unto such Writ Bill or Process the Bond or Bonds so given for Appearance thereunto Bonds given for discharged upon appearance Nonsuit for want of a Declaration before the end of the next term after appearance and judgment and costs against the Plaintiff be and are hereby satisfied and dischargeed And that after such Appearance so entred no Amerciaments be set or Estreted upon or against any Sheriff or other Officer aforesaid or any other person whatsoever concerning the want of such Appearance and unless the Plaintiff or Plaintiffs in any such Writ Bill or Process named shall put into the Court from whence such Writ Bill or Process did issue his or their Bill or Declaration against the person or persons so Arrested in some personal Action or Ejectione firmae of Lands or Tenements before the end of the Term next following after Appearance That then a Non-suit for want of a Declaration may be Entred against the said Plaintiff or Plaintiffs in the said Courts respectively And that every Defendant in every such Writ Bill or Process named shall or may have Iudgment to recover Costs against every such Plaintiff or Plaintiffs to be Assessed Taxed and Levied in such manner and according as it is provided by the Statute for Costs made in the thrée and twentieth year of the Reign of the late King Henry the Eighth 23 H. 8. ca. 15. any former or other Act Statute Ordinance Law Custome Order Course or Vsage of either of the said Courts to the contrary thereof heretofore had made admitted or used in any wise notwithstanding Provided alwayes that this Act nor any Clause or thing herein before specified or contained shall not extend Arrests upon Capias utlagatum Attachments upon Rescous Contempts and of Priviledg excepted nor be construed or taken to extend unto any Arrests hereafter to be made upon or by Vertue of any Writ of Capias utlagatum Attachment upon Rescous or Attachment upon any Contempt or of any Attachment of Priviledge at the Suit of any priviledged person or of any other Attachment for Contempt whatsoever issuing or to be issing out of either of the said Courts although there be no particular certainty of the cause of Action expressed or contained in the said Writs But that nevertheless no Sheriff nor Vnder-sheriff nor any of the Officers or Ministers aforesaid shall discharge any person or persons taken upon any Writ of Capias utlagatum out of Custody without a lawful Supersedeas first had and received for the same and that upon the said Writs of Attachment such lawful course be taken for Security for Appearance therein as hath béen heretofore used any thing herein before expressed to the contrary thereof in any wise notwithstanding And whereas many persons out of ill intent to delay their Creditors from recovering their Iust Debts continue Prisoners in the Fléet who cannot be procéeded against in such manner as they might be if they were at Large Now for the better enabling all persons to recover their just Debts and Demands against such Prisoners How Persons having cause of action may proceed against Prisoners in the Fleet. Be it further Enacted by the Authority aforesaid That every person or persons whatsoever who now hath or have or which at any time hereafter shall have cause of any personal Action against any person being a Prisoner in the prison of the Fléet may Sue forth an Original Writ upon his or their cause of Action And that a Writ of Habeas Corpus be granted to every such person or persons being Plaintiff or Plaintiffs desiring the same to be directed to the Warden of the same Prison to have the Body of such prisoner before the Iustices of the Common Pleas at some certain day in any Term to answer the said Plaintiff or Plaintiffs upon his or their said Cause of Action And that if the said Plaintiff or Plaintiffs at the said day put into the said Court his or their Declaration according to the said Original Writ against the said prisoner being present at the Barr the said prisoner shall be bound to appear in person or to put in an Attorney to appear for him in the said Action And unless the said Defendant plead upon a Rule given to be out at eight daies at the least after such Appearance Iudgment by Nihil dicit may be entred against such Defendant as appearing in person which shall be good and effectual in Law And such charge in Court by Declarations signified by Rule unto the said Warden shall be a good cause of detention of such prisoner in his Custody from which he shall not be discharged without a lawful Supersedeas or Rule of Court And if the said Warden shall do otherwise he shall be Responsible to the Court and to the party grieved for Damages by Action upon the case to be brought
paving the Ways and Stréets to be levied by Distress by Warrant under the Hands and Seals of Five or more of the other Commissioners that shall be appointed for the Paving and mending of the Stréets and High-Wayes And be it further Enacted by the Authority aforesaid That no Hackney Coachmen so licensed The several rates allowed for Hackney Coaches shall presume to take for his Hire in or about the Cities of London and Westminster above the rate of ten shillings for a day reckoning twelve hours to the day and by the hour not above eightéen pence for the first hour and twelve pence for every hour after and that no Gentleman or other person shall pay from any of the Inns of Court or thereabouts to any part of St. James or City of Westminster except beyond Tuttle-street above Twelve pence and the same prizes from the same places to the Inns of Court or places thereabouts and from any of the said Inns of Court or thereabouts to the Royal-Exchange twelve pence and if to the Tower of London or to Bishops-gate-stréet or Aldgate or thereabouts eightéen pence and so from the same places to the said Inns of Court as aforesaid The penalty for exacting more and the like rates from and to any place at the like distance with the places before mentioned And if any Coachman shall refuse to go at or shall exact more for his hire then the several rates hereby limited he shall for every such offence forfeit the sum of ten shillings And be it further Enacted That every Coach so licensed as aforesaid shall pay to the Commissioners that shall be appointed for the regulating and Licensing of Hackney-Coaches the yearly rent of five pounds and no more whereof fifty shillings shall be paid at or before the twenty sixth day of May One thousand six hundred sixty and two and the sum of five and twenty shillings at or upon the Feast day of St. Michael the Archangel next coming and Twenty five shillings at the Feast of the Nativity of our Lord Christ and from henceforward to be paid Quarterly at the four most usual Feasts of the Year by equall portions that is to say at the Annunciation of the Blessed Virgin St. John the Baptist St. Michael the Arch-angel and the Nativity of our Lord Christ which said sum and sums of money the said Commissioners for the Hackney-Coaches shall from time to time pay or cause to be paid to the Commissioners appointed for the paving and amending of the Stréets and High-wayes within this Bill contained or to such Treasurer or Receiver as they shall appoint and the said Commissioners for Hackney-Coaches shall likewise from time to time certify to the Commissioners appointed for the paving of the Stréets and High-wayes the names and dwellings of all such persons as they shall license to drive or kéep Hackney-Coaches together with the several Figures or Marks of distinction which are appointed to belong and be affixed to the several Coaches to the intent that discovery may the better be made of any abuses that shall be committed if any shall presume to affix the Figure or Mark of distinction to any Coach which belong of right to another and whereby the Commissioners for the paving and amending the Stréets and High-wayes shall be enabled to call the said Commissioners for the Hackney-Coaches to a true and due accompt And in case any overplus shall be of the Moneys appointed by this Act to be raised for the Paving and Mending the Wayes and Stréets as aforesaid then such overplus shall be imployed towards the Enlargement of such Stréets or places as are to be enlarged by vertue of this Act. And be it further Enacted by the Authority aforesaid That every Load of Hay Every load of hay and straw rated towards mending the street which from the first day of May One thousand six hundred sixty and two shall be brought and stand to be sold upon any the Wayes hereby in this Act expressed and adjudged fit to be new paved shall pay six pence for every Load and likewise every Cart of Straw to be sold in the said places shall after the said day pay two pence which said sums shall be paid to the Commissioners which shall be appointed for the Paving and Amending the High-wayes and Stréets or such as they shall appoint for and towards the Paving of the Stréets and High-wayes And be it further Enacted by the Authority aforesaid That all Fines Rents How the penalties upon this Act may be levied Forfeitures and Penalties as shall grow due and payable to the said Commissioners by this Act shall be levied by Distress upon the Goods and Chattels of the Offender or Offenders by Warrant under the hands and Seals of the Commissioners or any five or more of them which shall be appointed by his Majesty which shall be sold within fourtéen dayes and the Overplus returned to the Owner and in default of Distress or not payment the person or persons so offending or neglecting to pay shall lye in Prison without Bail or Mainprize till he or they have paid such Rent Fine Forfeiture and Penalty as was due from him or them And the said Commissioners for the Stréets and Wayes The Commissioners may appoint a Treasurer Clerk other Officers for the service or any Five or more of them so met as aforesaid are hereby impowred to appoint a Treasurer or Collector and Clerk to attend them or such other Officer or Officers as they shall find necessary for the carrying on of the said Service with such moderate Allowances as shall be fit and in case any person shall propose to carry away the ashes dirt and other filth for all or any the places aforesaid at less rates then the yearly Raker or Vndertaker can or will perform the same the said Commissioners shall have power and are hereby authorized to contract with such person and for such term as they shall think fit and they are also to require an accompt from time to time of all Scavengers within the said places and all other person or persons that shall receive or disburse any moneys for the purposes in this Bill contained And may hear and determine all differences about paving and cleansing the streets as often as they or any Five or more of them so met as aforesaid shall think fitting and necessary and shall hear and determine all Disputes and Differences concerning the Right and Duty of Paving and kéeping clean any of the Stréets Lanes or Allies or publick yards within the places aforesaid The power duties of Scavengers and Rakers Provided alwayes That the respective Scavengers Rakers or other Vndertakers shall have liberty by the approbation of the said Commissioners or any five or more of them so met as aforesaid to lodg their Ashes Dust Dirt or other filth in such vacant publick places in or near the Stréets or High-wayes as shall be thought convenient by the said
that are under 16 foot in length The Militia or the Isle of Purbeck Provided also And be it Enacted by the Authority aforesaid That the Militia of the Island of Purbeck shall remain separate from the County of Dorset as heretofore hath béen used And that his Majesties Lieutenant of the said Island and his Deputies or any thrée or more of them for the time being shall have power for the Levying Arraying Mustering and conducting of such number of Foot for the defence of the said Island in such manner and by such ways and means as heretofore hath béen used and also to use and execute within the said Island all and every the powers which by the true intent of this Act Power to his Majesty to raise 70000 l. per annum for three years upon occasion EXP. any of his Majesties Lieutenants or his or their Deputies or any of them might in any respective County use or execute Provided nevertheless And be it Enacted by the Authority aforesaid That in case of apparent danger to the present Government it shall and may be lawfull for His Majesty at any time or times that the same shall so happen during the space of thrée years from the five and twentieth day of June in the year One thousand six hundred sixty and two to raise such sum or sums of money for the defraying of the whole or such part of the Militia aforesaid as his Majesty shall find himself obliged to imploy in order to the quiet and security of this Nation the said sum not excéeding Seventy thousand pounds in one whole year And the same to be raised by his Majesties Lieutenants or in their absence as aforesaid by their Deputies in their respective Counties according to the rules and directions in an Act in this present Parliament For the raising of Eighteen moneths Assessment after the rate of Seventy thousand pounds per mensem as also to continue the space of thrée years from the aforesaid five and twentieth day of June and no longer Any thing in this Act or any other to the contrary notwithstanding Be it also Enacted That all Constables Tything-men or other Officer or Officers Such as have provided Parish Arms before the 24. of June 1660. how to be re-imbursed EXP. who since the Four and twentieth of June One thousand six hundred and sixty have paid or disbursed or before the settlement of the Militia to be established by vertue of this Act shall pay or disburse any moneys for buying of Arms or defraying of Charges of Souldiers set or to be set upon their respective Parishes shall be re-imbursed the same by those who have refused to pay their proportions thereof And in case he or they shall refuse to pay the same then to be levied by distress and sale of Goods rendring the Overplus to the Owner or Owners by Warrant under the Hand and Seal of the Lieutenant or Lieutenants or in his or their absence or otherwise by their direction when they are not absent of any two of their Deputies directed to the respective Constables Tything-men or other Officer or Officers aforesaid of their respective Parishes Provided alwayes And it is hereby further Enacted and Declared No man charged shall be forced to serve in person but may find a sufficient man for him That no person charged with the finding of Horse or Foot or with contributing thereunto as aforesaid shall be compellable to serve in his or their proper person but may according to such proportion as they are or shall respectively be charged by this Act find one or more fit or sufficient Man or Men qualified according to this Act to be approved by his or their Captain respectively subject nevertheless to be altered upon appeal to the Lieutenant or in his absence as aforesaid to his Deputy-Lieutenants or any two of them as there shall be cause And that every such person or persons so found and provided shall and hereby are required to serve as a Souldier and Souldiers in such manner and under such penalties as are before appointed in this Act No person listed may desert the service or be discharged or Altered but by leave upon reasonable cause And that every person or persons who shall serve in his or their own persons who are also to be approved of as aforesaid or such person or persons as shall be accepted in his or their stead shall at the next Muster of such Troop or Company in which he or they are to serve give in his or their Christian and Sir-names and places of abode unto such person as the Lieutenant or in his absence as aforesaid or by his direction when he is not absent any two Deputy-Lieutenants shall appoint to the end the same may be listed And that from thenceforth such person so listed shall not be exchanged or desert the said Service or be discharged thereof but by the leave and order of the Lieutenant or two Deputy-Lieutenants or his Captain upon reasonable cause subject nevertheless upon appeal to be determined as aforesaid first obtained in writing under his or their hands and seals under pain that such person departing from the said service without leave as aforesaid The penalty shall forfeit the sum of 20 l. to be levied upon his Goods and Chattels in such manner as is by this Act appointed for the levying of other penalties and for non-payment or want of distress then every such person to be committed to the Common Gaol of the the County for any time not excéeding thrée moneths without bail or mainprise any thing in this Act to the contrary in any wise notwithstanding Provided always and be it Enacted Proviso for the Tinners of Devon and Cornwall That nothing in this Act contained shall extend to put any new charge of Arms upon the Tinners in the Counties of Devon and Cornwall other then the Tax mentioned in the former Proviso But that the Lord Warden of the Stannaries for the time being in pursuance of his Majesties Commission in that behalf and such as he shall Commissionate and Authorize under him according to the Rules and Directions before mentioned in this Act shall and may have and use the like Powers and Array Assess Arm Muster and Exercise the said Tinners within the said Counties and either of them as hath béen heretofore used and according to the ancient Priviledges and Customs of the said Stannaries observing the Rules and Proportions appointed by this Act Any thing in this Act to the contrary notwithstanding Provided always And be it Enacted by the Authority aforesaid Proviso for the Militia of London That his Majesties Lieutenants that are or shall be Commissionated for the Militia of the City of London may and shall continue to list and levy the Trained Bands and Auxiliaries of the said City as to number and quality of the persons in such manner as was used in forming the present Forces now raised by his Majesties
or Assessments shall not excéed in the whole above the sum of Six pence in the pound in any one year according to the real value of the same and Twenty pounds in Money Goods Stock or other personal Estate shall be rated equally to Twenty shillings a year in Lands And every such Assessment so made shall within Six days after be presented to some Iustice of the Peace near adjoyning to the Parish where it is made to be séen allowed and signed by him And after such Allowance every person so Assessed or Taxed that shall not within Twenty days after demand made by the Surveyors or one of them pay such sum or sums of Money Assessed on him or her or them unto the Surveyors or one of them shall forfeit and pay double so much as he she or they are Assessed to pay unless upon complaint made to the said Iustice of wrong done to such person by that Assessment the said Iustice shall think fit to alter the same And in case where common Nusances are in High-ways or where Ditches or Water-courses adjoyning unto High-ways are not scoured and dressed the said Surveyors shall sée the same reformed and the offenders punished according to Law deducting out of the Moneys so to be raised his reasonable Charges for prosecution And for the more effectual Mending the High-ways and Parish-Bridges and Stréets the Surveyors aforementioned shall yearly at the most convenient and fitting time betwéen the First of May and the last of August hire labourers Work-men Carts and Carriages for Amending the High-ways Stréets Parish-Bridges aforesaid and Water-courses and shall cause them to be well and sufficiently mended The Surveyors may charge Carts and Work-men And for the better effecting thereof Be it Enacted by the Authority aforesaid That the said Surveyors or any of them within their several Limits and Iurisdictions may yearly as he shall see cause and néed require direct and appoint every person and persons who by the former Laws and Statutes of this Realm are chargeable with Wayn or Cart 2 3. Ph. Mar. ca. 8. 5 El. ca 13. 18 El. ca. 10. to the amending of the High-ways and every other person and persons chargeable to come to labour at the said ways to send his or her Cart or Wayn and Team so furnished as by the Laws is directed or to come and work for the amending of the High-ways for so many days as by the Laws are appointed or for so many of them as the said Surveyors shall think néedful and appoint for which Teams work and labour the said Surveyors shall pay unto such workmen and Owner of such Teams Carts and Wayns according to the usual rate of the Countrey for such work as they shall do over and above what by the other Laws made for the amending the High-ways they are appointed to do And if any question shall arise about the value or worth of such work or labour for Man or Teams some Iustice of the Peace near adjoyning and not living in the said Parish shall determine what is fit to be allowed for such work Penaly upon such as refuse or neglect And in case any person so charged to send his or her Team to work as aforesaid shall refuse or neglect to do so such person so refusing or neglecting shall forfeit ten shillings for every day that he or she shall make such default and every Labourer Eightéen pence for such day that he neglects to work as aforesaid Provided That no person or persons occupying any Lands shall be Assessed and Taxed both for the said Lands and the Stock which he or they shall use or imploy upon the same In what cases High-ways may be Enlarged out of mens lands next adjoyning And be it further Enacted by the Authority aforesaid That it shall and may be lawful to and for the said Surveyors of the High-ways for the time being of every such Parish Town Village or Hamlet within their several Precincts from time to time by order from the Quarter-Sessions and upon the view and by the allowance or consent of two or more Iustices of the Peace of the County Authorized thereunto by the Sessions wherein such Parish Town Village or Hamlet shall lie under their hands and seals in writing where any common or publick High-way is not of the breadth of eight yards from the shoars and brinks of the Ditches on either side or from the banks and hedges where there are no Ditches to assign and lay out so much of any mans several Lands next adjoyning to the said Common and publick High-way where they shall think it néedful and it may conveniently be done as shall enlarge the said way to be the full breadth of eight yards or so much broader toward the bredth of eight yards then now it is as conveniently the place will bear from the said shoars Ditches Banks or hedges by the consent of the Owner or Owners of the said lands according to his or their respective interests therein or otherwise by order of the Iustices of Peace at their Quarter-Sessions after a Writ of Ad quod damnum first issued out and returned to assign and lay out a more new and commodious way in and over the said lands next or near adjoyning to the said common and publick High-ways the said Surveyors first giving such satisfaction for the said ground unto the respective owners of the same according to their several and respective Interest in the whole not excéeding Twenty years purchase Provided always That if any common or publick High-way or ways shall be so altered and changed as is aforesaid that then and in such case the same new Way or Ways as also any new Way or ways altered or to be altered by a Writ of Ad quod damnum shall from time to time be repaired and amended by such Parish or Parishes Town Hamlet or Village or by such person and persons and in such manner and form as the said old and former common or publick High-way or ways was or were to be repaired and amended Digging for gravel in wasts and Commons And be it further Enacted by the Authority aforesaid That where there is not sufficient Gravel Chalke Sand Cinders or Stones within any Parish Town Village or Hamlet to repair their common and publick High-ways it shal be lawful for the Surveyor and Surveyors and such person and persons as he or they shall appoint upon the allowance and approbation of any two Iustices of Peace within the said County to digg take and carry away Gravel Chalk Sand Cinders or Stones out of the Waste and Common of any Neighbouring Parish Town Village or Hamlet or upon the Sea-Coast without paying any thing for the same for the repairing and amending of the High-ways aforesaid so as they fill up the place within one moneth next ensuing if required by the Owner of the Soyl. Provided always and be it further Enacted by the Authority aforesaid
sued for and disposed as hereafter in this Act is directed Provided nevertheless That this Act or any thing therein contained shall not extend to the Prohibiting the Transportation of any Leather made into Boots 5 E. 6. cap. 15. 1 Mar. cap. 8. Parl. 2. Quaere If those two Statutes be Repealed by this Proviso Who may search and seize Leather or Hides intended to be Transported Shooes or Slippers but that the same may be Transported Any thing in this Act contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That it shall and may be lawful to and for the respective Masters and Wardens of the Cordweyners Sadlers Girdlers and Curriers of the City of London and their Deputies and all Customers Comptrollers Farmers of Customes Supervisors Searchers and other Officers belonging to the Customs and to and for all Iustices of the Peace Mayors and chief Officers of Corporations within this Realm Dominion of Wales or Town of Berwick upon Tweed from time to time as well by Land as Water to Search for and seize any Leather or Raw Hides wrought or unwrought cut or uncut packed up or unpacked intended or purposed to be Transported by any person or persons into any parts beyond the Seas or into Scotland other then Calves-skins and Shéep-skins as aforesaid Shaving of Leather by Tanners And whereas divers Tanners do shave cut and rake their upper-leather Hides all over and the necks of their backs and buts to the great impairing thereof and the extream prejudice of the Kingdom Be it therefore Enacted by the Authority aforesaid That every Tanner who after the Nine and twentieth day of September in the year of our Lord One thousand six hundred sixty and two The Penalty shall commit any such offence as aforesaid shall forfeit all the said Leather Backs Buts or Calve-skins so shaved cut or raked or the value thereof and it shall be lawful for the Searchers and Sealers of Leather to seize the same Leaden-Hall London And be it further Enacted That the Market for Leather in Leaden-Hall in London shall be kept on the Tuesday as now it is Any Law Vsage or Custom to the contrary in any wise notwithstanding How the Penalties shall be recovered And be it further Enacted by the Authority aforesaid That all the penalties and forfeitures and every sum and sums of money for any offence or offences herein before mentioned shall be recovered by Action of Debt Bill Plaint Information to be brought for the same in any Court or Courts at Westminster or in any Court or Courts of Records in the City Town County or place where the said offence shall be committed wherein no Wager of Law Protection or Essoign shall be admitted neither shall the same be removed out of the said County City or Town-Corporate the one half of the said forfeitures to be to the use of the Kings Majesty his Heirs and Successors and the other half thereof to the use of the Informer or Informers that shall sue for the same Transportation of Leather declared a common Nusance Leather for necessary use of Ships in Voyages Artificers dealing in cutting of Leather in London or within three miles thereof Provided also and be it Enacted That all such Exportation or Transportation of any Hides or Leather contrary to this Act is hereby adjudged and declared to be a common and publick Nusance Provided nevertheless That this Act shall not extend or be construed to prohibit the carrying or conveying of any such Hides or Leather which shall be vsed or imployed for the necessary vse or provision of any Ship or Vessel in any Voyage beyond the Seas and which shall not be sold in any forreign parts so as the number do not excéed Six Raw Hides and Thrée Tanned Hides Provided alwayes nevertheless And be it further Enacted by the Authority aforesaid That all and every Artificer dealing in cutting of Leather or other person or persons whatsoever which shall hereafter buy any Red Tanned Leather within the City of London or thrée miles thereof shall before the next Market-day within the said place for sale of Leather give Notice thereof to one or more of the Company of Curryers then exercising and using the Art and Mystery of a Curryer within the said City of London and thrée miles thereof and within thrée wéeks after such notice shall deliver or cause to be delivered the said Leather so bought except such part thereof as shall be used for Soals without being curryed tallowed or dressed unto the said Curryer or Curryers to whom such notice was given to the intent that the same may be curryed tallowed or otherwise dressed as is directed and appointed by one Act made in the First year of King James 1 Jac. cap. 22. Chapter twenty second touching the Duty of Tanners Curryers Shoemakers and others upon penalty of the forfeiture of Six shillings eight pence for every Back But Hide or Calves-skin so bought and not delivered as aforesaid for the uses and to be recovered as aforesaid And whereas it is Enacted amongst other things Leather used in London or within three miles to be searched and allowed by the Wardens of the Curriers there The Penalty by the said Act made in the First year of King James That no person or persons shall by any means occupy or put in any Made-wares within the City of London or thrée miles of the same City any Curryed Leather before the same shall be searched and allowed by the Wardens of the Curryers of London for the time being or such persons as they shall thereto assign and be Sealed with a Seal therefore to be prepared upon pain that every Shoemaker and other Artificer Cutter of Leather offending against that Article should forfeit for every Hide or Skin otherwise curryed or imployed as is aforesaid Six shillings eight pence and the value of every such Hide or Skin Be it therefore further Enacted by the Authority aforesaid That the Master and Wardens of the Company of Curryers for the time being or such persons as they shall thereto assign shall from time to time and at all seasonable times in the day time enter into any Warehouse Shop Celler or other place within the said City of London or thrée miles of the same City belonging unto any of the said Cordwainers Sadlers Girdlers or other person or persons being Artificers dealing in cutting Leather and in the presence of any two or more of them to search for and seize all such Leather intended to be Prohibited to be used by the said Clause Branch or Article as aforesaid as also for all Wares made of such Leather and if any such person or persons Artificers or Dealers as aforesaid shall oppose Penalties for opposing the Search or refuse to permit the said Master and Wardens of the Company of Curriers or such persons as they shall thereto assign to make any such search or
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
should sit and méet should have full Power and Authority to Hear Examine Order and Decrée all and every such Cause and Causes in a brief and summary course without formalities of pleadings or procéedings with Power to warn Parties to come before them and to examine upon Oath any Witnesses that should be produced and to commit to Prison any Person that should wilfully disobey their final Orders and Decrées And the Commissioners to sit once wéekly upon the Execution of the said Commission with a liberty in the said Act for any person grieved by any such Sentence or Decrée to exhibite his Bill in Chancery for the re-examination of such Sentence or Decrée as by the said Act relation being thereunto had more at large may appear But forasmuch as by the said recited Act without five Commissioners there cannot be a Court and without there be a Court they cannot procéed in the execution of their Commission so much as to summon Parties or Witnesses to appear And in case of neglect or refusal of any Party or Witness to appear they have no power to punish the delay or contempt with Costs or otherwise And it is provided by the said Act That not any Commissioner other then the Iudge of the Admiralty or the Recorder of London shall procéed in the execution of such Commission before he hath taken his Oath before the Lord Maior and Court of Aldermen to procéed uprightly and indifferently betwéen party and party which upon the renewing of the said Commission often proves a great delay there being so many Commissioners to be Sworn and the Court of Aldermen not sitting at sometimes in the year when the said Commissions have happened to be renewed And although the said Commissioners upon their final Sentence have power to commit to Prison any person that shall wilfully disobey their said Sentences or Decrées yet they have no power to make any Order against the Ship or Goods which commonly are the things assured by which Omissions for want of Power given by the said Act the benefits intended by the said Act of Parliament are much retarded and the mischiefs by the Act endeavoured to be prevented much increased For remedy whereof Be it Enacted and Ordained And it is hereby Enacted and Ordained by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled That from and after the Four and twentieth day of June which shall be in the year of our Lord One thousand six hundred sixty and two it shall and may be lawful to and for the Lord Chancellor or Lord Kéeper of the Great Seal of England for the time being Three Commissioners impowred to act to issue out yearly or oftner if néed require one standing Commission under the Great Seal of England thereby impowring and authorizing the said Commissioners or any thrée of them whereof a Doctor of the Civil Law or a Barrister at Law of five years standing at the least to be always one to meet and sit and make a Court and procéed in all things in the execution of the said Commission as before by the said Act any Five might have done And that the said Commissioners or any such thrée of them as aforesaid be and hereby are impowred to Summon Parties and Witnesses to appear and in case of contempt or wilful delay in the Witnesses upon the first Summons and tender of reasonable Charges and in the Parties upon their second Summons Costs to punish the Offenders by Imprisonment or Costs for such time and in such manner as shall be reasonable and according to the nature and quality of their offences And that it shall and may be lawful to and for every such Commissioner to procéed in the execution of the said Commission Lord Mayor of London may administer the Oath having first taken an Oath before the Lord Mayor of the City of London for the time being only to procéed uprightly and indifferently betwéen party and party And the said Lord Mayor is hereby Authorized to give such Oath Any thing in the said Act to the contrary notwithstanding And that no person shall procéed in Execution of the said Commission before he be first Sworn before the Lord Mayor of London for the time being to procéed uprightly and indifferently betwéen party and party as formerly he should have béen before the Lord Mayor and Court of Aldermen Be it also Enacted by the Authority aforesaid That in case the said Commissioners Commissions out of the Admiralty Court to examine Witnesses beyond Sea or any such thrée of them as aforesaid shall find cause to examine Witnesses beyond the Seas or any remote parts of his Majesties Dominions for the clearing of any doubt or matter before them depending that in such case by direction of the said Commissioners or any such thrée of them like Commissions or Process shall issue out of the Court of Admiralty as have formerly béen for the purposes aforesaid returnable before the said Commissioners And that the said Commissioners or any such thrée of them shall have also power to give and pass their final Sentence Decrée and Executions as well against the body of the party evicted or his goods as also against the Executors and Administrators of such party so evicted And to Assesse Costs of Suit upon such person or persons as shall be condemned by the Decrée of the said Court as to them shall séem Iust And forasmuch as many Witnesses as Sea-men and others come and spéedily go again to Sea Witnesses going to see how to be examined before before a Court can be summoned by which means the Assured and Assurers are many times much damnified For the preventing of which mischief Be it also Enacted by the Authority aforesaid That it shall and may be lawful to and for any one of the said Commissioners to Administer an Oath to any Witness legally summoned to give testimony timely notice being thereof given to the Adverse party and set up in the Office before such examination to the end such Witness or Witnesses may be cross-examined Provided always That the said Commissioners shall in no case procéed both against person and goods for one and the same debt And provided also Appeal to the Chancery That any thing in this Act contained shall not in any wise extend to prejudice the appeal to the High Court of Chancery given or allowed in the said former Act of Parliament CAP. XXIV An Act Declaratory concerning Bankrupts WHereas divers Noblemen Gentlemen and persons of quality no ways bred up to Trade or Merchandize do oftentimes put in great stocks of money into the East-India Company or Guiney Company and the Fishing Trade and such other publike Societies and receive the procede of those Stocks sometimes in ready monies sometimes in Commodities which they usually sell for money or exchange again by which means the Trade of those Companies is
power to Administer as followeth The Oath to be taken by Searchers I A. B. do swear that I shall well and truly execute the Office of Searcher of Broad Woollen Cloth within the West-Riding of the County of York according to the Laws and Statutes of this Realm and according to the best of my Skill and Knowledge So help me God And be it further Enacted That if any Searcher shall fail in the due Execution of his Office contrary to his Oath and Laws and Statutes in that case made and provided every such Searcher shall forfeit and lose for such Fault or not setting to such Seal of Lead as aforesaid Five pounds Penalty upon Searchers And that it shall and may be lawful to and for any other Searcher in the West-Riding taking with him one of the said Wardens of the said Corporation to research any of the said Clothes Any thing in any former Statute to the contrary thereof in any wise notwithstanding The Authority and power of the Searchers And it is further Enacted That it shall and may be lawful to and for all and every such Searcher and Searchers from time to time so often as occasion shall require to enter into any Shop house Ware-house or any other place in the day-time of any Clothiers Drapers Cloth-Workers or of any other person or persons whatsoever where any of the said Cloths shall be within the said West-Riding to search for all suspected Cloth And in case of resistance the party so resisting shall forfeit the sum of Ten pounds the one half thereof to His Majesty the other half to the use of the said Corporation And if upon such Search any Broad-Cloth shall be found made of or mixed with Flocks Thrums Goats hair or other deceitful Wooll the said Cloth shall be and is hereby Declared and Enacted to be forfeited And that it shall and may be lawful to and for the said Iustices Masters Wardens and Assistants or any thirteen of them at any Court to be by them held as aforesaid to dispose thereof in such manner as by the Laws and Statutes of this Realm the same ought to be disposed None may make broad Cloth but such as have served as apprentizes so Clothiers for 7. years or have been exercised in the Trade for that time The Penalty Housholders and houswifes may not make Cloth to sell not being free of the said Trade The Penalty And be it further Enacted That no person or persons within the said West-Riding who hath not served as an Apprentice to the Trade of Clothier for the space of Seven years or have not béen exercised therein by the like space of seven years before shall make any Broad-Cloth to sell under the penalty of five pounds for every Moneth that he she or they shall continue to exercise the said Trade excepting such persons only as now be in the actual use and exercise of the said Trade That one moyetie thereof to be paid to the Kings Majesty His Heirs and Successors and the other moyetie to the use of the said Corporation And that no Housholder or Houswife within the said West-Riding or elsewhere within the said County not being frée of the said Trade of Clothiers or not having béen exercised therein as aforesaid or not being the widow of any such person as aforesaid shall from the Feast of Pentecost next ensuing make or cause to be made any Woollen Cloth whatsoever unless it be to the use of themselves their Children and Families but not to sell upon pain to forfeit double the value for every Piece of Cloth so made and exposed to sale one moyetie thereof to His Majesty the other moyetie to any person who shall sue for the same in any of His Majesties Courts of Record wherein no Essoin Protection or Wager of Law shall be allowed Power to appoint a Clerk Register Treasurer and other Officers And it is further Enacted by the Authority aforesaid That the said Iustices Masters Wardens and Assistants or any thirtéen of them are hereby impowred to nominate and appoint a Clerk a Register and Treasurer and such other Officer and Officers to sée the due execution of the several Powers given by this Act as they in their Discretions shall think méet and to give them an Oath or Oaths for the due execution of their several places as aforesaid And it is further Enacted by the Authority aforesaid That all Fines How the fines and forfeitures shall be levied Forfeitures and Penalties imposed or to be levied by virtue of this Act the means and recovery whereof is not otherwise herein provided for and set forth shall be levied by distress and sale of the offender or offenders Goods and Chattels by Warrant from the said Iustices Masters Wardens and Assistants or any thirtéen of them rendring the overplus to the Owner thereof upon demand And be it further Enacted by the Authority aforesaid Counterfeiting the Seal of the Corporation That if any person or persons whatsoever shall counterfeit the Seal of the said Corporation he or they so offending shall forfeit the sum of Twenty pounds of often as such person or persons shall upon due proof be found guilty of the same which said forfeiture is to be levyed by distress and sale of the Offenders Goods The Penalty rendring the overplus to the Owner thereof upon demand and for want of such distress such person and persons to be committed to the Common Goal of the County where he or they shall be found by Warrant under the Hand and Seal of any one of the Iustices of the Peace of the said County there to remain without Bail or Mainprize for the space of six moneths or until such person or persons shall have paid the Fine as aforesaid And be it Enacted That all and every Article All clauses in any other Statute contrary to this Act concerning Clothing Repealed Clause and Sentence in any Act of Parliament heretofore made touching and concerning the said abuses of Broad Woollen Clothes in this Act mentioned and being repugnant or contrary to any Article and Sentence in this Act shall as touching the said Clothes only made within the said West-Riding from and after the Feast of St. John Baptist which shall be in the year of our Lord God One thousand six hundred sixty and two be utterly void to all intents and purposes whatsoever And in all Actions and Suits that shall be brought against any person or persons for Acting in any thing according to the true intent and meaning of this Act the person or persons so sued or molested Persons sued for executing this Act may plead the generall Issue shall or may plead the general Issue of Not guilty and give the special matter in evidence and shall recover double Costs in every such case if the Verdict pass for such person or persons or that the Plaintiff or Plaintiffs be Non-suit therein Provided always That nothing
Government Books belonging to particular persons nor any Book or Books the right of Printing whereof doth solely and properly belong to any particular person or persons without his or their Consent first obtained in that behalf Every Licenser shall have a written copy of the Book licenced And be it Enacted by the Authority aforesaid That every person and persons who by vertue of this present Act are or shall be appointed or authorized to License the Imprinting of Books or Reprinting thereof with any Additions or Amendments as aforesaid shall have one written Copy of the same Book or Books which shall be so Licensed to be Imprinted or Reprinted with the Titles Epistles Prefaces Tables Dedications and all other things whatsoever thereunto annexed How and where the said Copy shall be kept which said Copy shall be delivered by such Licenser or Licensers to the Printer or Owner for the Imprinting thereof and shall be solely and intirely returned by such Printer or owner after the Imprinting thereof unto such Licenser or Licensers to be kept in the publick Registries of the said Lord Archbishop or Lord Bishop of London respectively or in the Office of the Chancellor or Vice-Chancellor of either the said Vniversities or with the said Lord Chancellor or Lord Kéeper of the great Seal for the time being English Books how to be Licensed or Lords Chief Iustices or Chief Baron or one of them or the said Principal Secretaries of State or with the Earl Marshal or the said Kings of Armes or one of them of all such Books as shall be Licensed by them respectively And if such Book so to be Licensed shall be an English Book or of the English Tongue there shall be two Written Copies thereof delivered to the Licenser or Licensers if he or they shall so require one Copy whereof so Licensed shall be delivered back to the said Printer or Owner and the other Copy shall be reserved and kept as is aforesaid to the end such Licenser or Licensers may be secured that the Copy so Licensed shall not be altered without his or their privity And upon the said Copy Licensed to be Imprinted he or they who shall so License the same shall Testifie under his or their hand or hands That there is not any thing in the same contained that is contrary to the Christian Faith or the Doctrine or Discipline of the Church of England or against the State or Government of this Realm or contrary to good life or good manners or otherwise as the nature and subject of the Work shall require which License or Approbation shall be Printed in the beginning of the same Book with the Name or Names of him or them that shall Authorize or License the same All Books from beyond Sea shall be brought to the Port of London only for a Testimony of the allowance thereof And be it further Enacted by the Authority aforesaid That every Merchant of Books and person and persons whatsoever who doth or hereafter shall Import or bring any Book or Books into this Realm from any parts beyond the Seas shall Import the same in the Port of London only and not elsewhere without the special License of the Archbishop of Canterbury and Bishop of London for the time being or one of them who are hereby authorized to grant Licenses for that purpose and shall before such time as the same Book or Books or any of them be delivered forth or out of his or their hand or hands or exposed to Sale give and present a true Note or Catalogue in writing of all and every such Book or Books unto the Lord Archbishop of Canterbury and Lord Bishop of London for the time being or to one of them and no Merchant or other person or persons whatsoever which shall import or bring any Book or Books into the Port of London aforesaid from any parts beyond the Seas shall presume to open any Dry-Fats Bales And not to be opened or uttered until viewed by the Archbishop of Canterbury Bishop of London or some other by one of them appointed Packs Maunds or other Fardles of Books or wherein Books are nor shall any Searcher Waiter or other Officer belonging to the Custom-house upon pain of losing his or their place or places suffer the same to pass or to be delivered out of his or their hands or Custody before such time as the Lord Archbishop of Canterbury and the Lord Bishop of London for the time being or one of them shall have appointed some Scholar or learned man with one or more of the said Company of Stationers and such others as they shall call to their Assistance to be present at the opening thereof and to view the same And if there shall happen to be found any Heretical Seditious Scandalous Schismatical or other dangerous or offensive Book or Books or any part of such Book or Books Printed in English they shall forthwith be brought to the said Lord Archbishop of Canterbury and Lord Bishop of London for the time being or to one of them or to some publick place to be assigned and chosen by the said Lord Archbishop Hereticall Seditious or dangerous Books Imprinted upon ported how to be proceeded upon and Lord Bishop for the time being to the end the person and persons which Importeth or causeth the said Offensive Books to be Imported may be procéeded against as an offender against this present Act And also that such further course may be taken concerning the same offensive Book or Books as by the said Lord Archbishop and Bishop for the time being shall be thought fitting for the suppressing thereof And be it further Enacted by the Authority aforesaid That no person or persons shall within this Kingdom or elsewhere Imprint or cause to be Imprinted nor shall Import or bring in or cause to be Imported or brought into this Kingdom from or out of any other His Majesties Dominions nor from any other parts beyond the Seas any Copy or Copies Book or Books or part of any Book or Books or Forms of blank Bills or Indentures for any His Majesties Islands Printed beyond the Seas or elsewhere Copies of Books Forms of blank Bills or Indenturs whereof any have Letters Patents for sole Printing which any person or persons by force or vertue of any Letters Patents granted or assigned or which shall hereafter be granted or assigned to him or them or where the same are not granted by any Letters Patents by force or vertue of any Entry or Entries thereof duly made or to be made in the Register Book of the said Company of Stationers or in the Register Book of either of the Vniversities respectively have or shal have the right Priviledge Authority or Allowance solely to Print without the consent of the Owner or Owners of such Book or Books Copy or Copies Form or Forms of such blank Bills nor shall Binde Stitch or put to Sale any such Book or Books or
pence for every Waggon one shilling for every Cart eight pence for every score of Shéep or Lambs one half-peny and so proportionably for greater numbers For every score of Oxen or Neat Cattel five pence and so for every greater or lesser number proportionably For every score of Hoggs two pence and so for every greater or lesser number proportionably not being under five And that from and after the passing of this Act all and every person or persons who shall travel with Horse Coach Cart or Waggon or shall lead or drive any Oxen Shéep Horses or other Cattel aforementioned in and through the High-way and places aforesaid shall and are hereby required to pay unto the respective Collectors and Receivers of Toll in the several Counties aforesaid in that behalf to be appointed after the rates aforesaid Places for taking of Toll in Hertfordshire Cambridgshire Huntingtonshire Power to distrain for Toll refused to be paid The places for Collecting of the said Toll to be for the County of Hertford at Wades-Mill and for the County of Cambridge at Caxton within the said County of Cambridge and for the County of Huntington at Stilton in the said County of Huntington and at no other place or places within the said Counties And in case any person or persons upon demand made of Toll aforesaid by the Collector or Receiver in that behalf to be appointed shall neglect or refuse to pay the same That then it shall and may be lawful to and for the said Collector or Receiver appointed for the Receipt of the said Toll upon such refusal to Distrain and detain such Horse Cart Coach Waggon Oxen or other Cattel aforementioned or any of them until the said Toll shall be satisfied and paid according to the tenor of this present Act together with such damages as the party so distraining shall sustain by kéeping of such Distress Of all which money so to be received The Toll received to be accompted for and paid to the Surveyors the said Collector or Receiver of Toll so to be appointed in the several Counties shall from time to time render true Accounts and shall pay the money so by them received unto the said Surveyors of their several and respective Counties or to any thrée or more of them or unto such Treasurers as they shall appoint when and as often as they shall be thereunto required by the said Surveyors or any thrée or more of them by them to be laid out and expended for and towards the necessary Repairs and amending of the several places aforementioned and not elsewhere within their said several and respective Counties And be it further Enacted by the Authority aforesaid That the Surveyors To whom the said Surveyors shall accompt for moneys received and every of them in their several and respective Counties at the Quarter-Sessions of the Peace for the said County to be holden next after Easter in every year shall make and yield up unto the Iustices of the Peace there to be assembled a perfect Account in writing under their hands of all the money which they or any of them shall have received from the said Collector or Receiver of Toll in their said County and likewise of all their disbursments in and about the said High-way or otherwise by reason of their Offices And in case of any overplus of money so received remaining in their hands shall pay the same to the Surveyors to be chosen for the year ensuing or to the Treasurer or Receiver by them to be appointed to be disbursed and laid out in the several places aforesaid within such County wherein the overplus doth remain and not elsewhere in the year ensuing which said Iustices to whom such Account shall be given shall out of the benefit of the said Toll make such allowance unto the said Surveyors for and in consideration of their care and pains taken in the execution of their said Offices as to them shall séem good And in case the Collector or Receiver of the aforesaid Toll for the respective Counties so to be paid as aforesaid shall not upon request duly pay the same unto the said Surveyors of the said County for the time being or the Treasurer or Receiver by them appointed or in case the said Surveyors or any of them shall not make such Account and payment as aforesaid That then the said Iustices for the several and respective Counties at any Quarter-Sessions of the Peace to be holden for the said County in case of such default of Account or Payment shall and may make enquiry concerning such default as well by the confession of the parties themselves as by testimony of two or more credible Witnesses upon Oath and in case of such default to be found and adiudged by the said Iustices in their said respective Counties either in their said Receiver or Collector of the said Toll or in their said Surveyors or any of them The said Iustices upon such their conviction shall commit the party or parties so convict to the common Gaol for the said County there to remain without Bail or Mainprize until he or they shall have made a true and perfect Account and Payment as aforesaid And forasmuch as the moneys so to be Collected by such receipt of the said Toll will not at present raise such a Stock or Sum of Money as may be sufficient for the spéedy Repairing of the Premisses in the said several Counties of Hertford Cambridge and Huntington It is hereby further Enacted How the Toll Profits may he engaged for advance of Money and the said Surveyors are hereby enabled by and with the like consent of the said Iustices for their several and respective Counties without further License severally to engage the profits arising of their said Toll in their several Counties for such sum or sums of money by them to be borrowed for that purpose and by Indenture under the hands and seals of the said respective Surveyors for the time being to transfer the said profits of the said Toll and to grant and convey the same for any time or term not excéeding Nine years unto any person or persons that shall or will upon that Security advance any present sum or sums of money for and towards the present Repairing and amending of the said High-way in the respective places and Counties aforesaid for the repayment of such principal sum or sums of money so lent with Interest for the same Or in case such sum or sums of money cannot be borrowed upon the Security aforesaid for the Repair of the said Ways That then it shall and may be lawful to and for the said Iustices in their said several and respective Counties In what cases a Rate may be mâ—de upon the several Parishes at their several Quarter-Sessions when they shall sée cause to make a Rate not to extend to any other County but their own nor to Repair any other then the places aforesaid in that particular County where
such Rate is made whereby they shall have power for their several Counties to raise upon the Parishes that lie in or near the said Road and so will have a benefit therefrom such sum or sums of money as they shall sée fit and convenient for the spéedy effecting of the said Repairs before mentioned which said sum and sums so to be rated as aforesaid shall be paid to the Surveyors for the respective County where such Rate is made or to their Receiver or Collector to be imployed for the repairing of the said Ways and places afore-mentioned and not otherwise And in case any person shall refuse to pay such rate so to be made That it shall and may be lawful for the said Surveyors or their said Receivers and Collectors to distrain for such sum or sums of money and the distress to sell rendring the overplus to the Owners Provided always and it is Enacted by the Authority aforesaid That the said money so advanced by the said several Towns in the said respective Counties shall again be repayed with Interest by the several Surveyors for the several Counties as it doth arise out of the said Toll every County paying for what is so borrowed within its own County and no further And be it further Enacted by the Authority aforesaid That if any person or persons not having any lawful cause to be allowed as aforesaid The Penalty for refusing to take the Office of Surveyor shall neglect or refuse to take upon him or them the said Office of Surveyor being thereunto nominated and chosen according as by this Act is appointed or to do or perform his or their duty in the due and spéedy execution of this present Act the said Iustices of the Peace for the several and respective Counties where such Surveyor or Surveyors dwell at their Quarter-Sessions shall and may hereby have power to impose on such person or persons so refusing or neglecting such Fine or Fines not excéeding Ten pounds upon each person so refusing or neglecting as to them shall séem méet and to cause the same to be levied by distress and sale of his or their Goods rendring to the party so distrained the overplus if any shall be Fines and Forfeitures upon this Act how to be paid and disposed And be it further Enacted by the Authority aforesaid That all Fines or Forfeitures to be imposed or incurred by vertue of this Act shall be paid to the Surveyors for the time being or any thrée of them or the Treasurers of the said Surveyors for the said respective Counties for and towards the repairing of the said High-ways and places aforesaid And in case of refusal or if any person or persons so chosen to take upon him or them the said Office shall happen to die or shall for any lawful impediment be discharged from the said Office that then some other fit person or persons within that County shall be appointed by two or more Iustices in the said County living near the said High-way and places aforesaid in the place of him or them that shall so refuse die or be discharged and the person or persons so chosen shall and are hereby required upon notice thereof to him or them given under the hands and seals of the said Iustices by whom he or they shall be so chosen to take upon him or them the said Office of Surveyor and to execute the same in such manner and under such and the like penalties as if he or they had béen chosen by the Iustices at their Sessions of the Peace in manner as aforesaid Suits upon this Act shall be laid in the proper County And the Defendant may plead the general Issue And be it further Enacted by the Authority aforesaid That if any Suit shall be commenced against any person for any thing done in pursuance of this present Act That in every such case the Action shall be laid in the said respective Counties where the Cause doth arise and not elsewhere and the Defendant in such Action so to be brought may plead the general Issue and give this Act and the special matter in evidence at any Tryal to be had thereupon and that the same was done in pursuance and by Authority of the said Act And if it shall so appear to be done and that such Action shall be brought in any other County That then the Iury shall find for the Defendant and upon such Verdict or if the Plaintiff shall be non-suited or discontinue his Action after the Defendant shall have appeared or if upon Demurrer Iudgment shall be given against the Plaintiff the said Defendant shall have and recover his double Costs Double Costs and have the like remedy for the same as any Defendant hath in any other case by Law Toll not to be paid twice in the same day Provided always That no person or persons having occasion to passe any place where the Toll is taken and return the same day with the same Horse Coach Waggon or other Carriage or with Cattel shall be compelled in the same day to pay the said Toll a second time Any thing in this Act to the contrary notwithstanding Provided also That all and every person and persons who by Law are chargeable towards the repairing of the said High-ways and places aforesaid shall still remain so chargeable Any thing in this Act to the contrary thereof in any wise notwithstanding The continuance of this Act for 11. years only Proviso for exempting certain persons and things from paying any Toll Provided also That neither this Act nor any thing therein contained shall extend to any further time or be of force any longer then the term of Eleven years to be accounted from the passing of this Act Any thing in this Act to the contrary notwithstanding Provided always That all and every person and persons passing through the respective places appointed for the receiving of Toll as aforesaid viz. at Wades-Mill for the County of Hertford at Caxton for the County of Cambridge and at Stilton for the County of Huntington and coming immediately and primarily to and from the several Parishes of Standen Thundridge Ware and Bengeo adjacent to Wades-Mill in the said County of Hertford and Stowe great Papworth little Papworth Borne and Elsley adjacent to Caxton in the said County of Cambridge and Yaxley Washingley Glatton Cunington Waddon and Stibbington adjacent to Stilton in the said County of Huntington shall have a liberty to carry any quantity or quantities of Stones Sand Stones Gravel c. Lime or Gravel Dung Mould and Compost of any nature or kind whatsoever Brick Chalk or Wood And that they and all Carts with Hay or Corn in the Straw at Hay-time Hay Corn in Harvest 〈◊〉 Pâ—â—ugh 〈◊〉 Impâ— of Hâ— or Harvest Ploughs Harrows and other Implements of Husbandry and all other things whatsoever imployed in the Husbanding Stocking and Manuring of their several and respective Lands in the said several
and imposed by vertue of this Act for preservation of the said Great Level from drowning And whereas the persons now in possession of the said last mentioned Shares Lots Parts and Proportions of the said Ninety five thousand acres whereof pretended Estates and Conveyances were taken contracted for or accepted of as aforesaid do pretend that they or those under whom they do respectively claim and derive their right title or pretensions to the said Shares Lots Parts and Proportions respectively have laid out and disbursed for Taxes for and towards the maintenance preservation and repair of the works of the said Great Level heretofore Erected by the Earl Francis and his Participants and for and towards their erection of new and necessary works for the better and more effectual Dreyning of the said Great Level and for building upon the said Shares Lots Parts and Proportions more moneys then the cléer rents issues and profits of the said Shares Lots Parts and Proportions have amounted to since the said respective pretended Estates and Conveyances were first taken contracted for accepted as aforesaid Be it therefore Enacted by the Authority aforesaid And it is hereby Enacted That the Chief Iustice of the Court of Kings Bench the Chief Iustice of the Court of Common-Pleas The Chief Iustice of the Kings bench and others made a Iudicature to hear and determine differences the Chief Baron of the Court of Exchequer and the Iustices of the said Court of Common-Pleas for the time being or any two or more of them are hereby constituted appointed and erected a Iudicature or Commissioners to Hear Order Iudge Decrée and Determine upon Bills and Answers to be Exhibited or otherwise as they shall think fit betwéen the said persons who are now in the Possession of the said respective Shares Lots Parts and Proportions and the respective Heirs and Assigns of the said persons now in possession as aforesaid And the said Sir Richard Onslow and other the said Assignées and Trustées of the said Henry late Earl of Arundel and Surrey deceased Arthur Earl of Anglesey Thomas Lord Culpepper the said Samuel Sandys the elder or his Trustées Sir William Terringham Robert Phillips Robert Scawen and the said other persons Participants of the said Earl Francis and their respective Heirs and Assigns who are now out of the possession of the said Shares Lots Parts and Proportions respectively and to whom respective Estates are by vertue of this Act to be executed of the same as aforesaid And the said Iudicature or Commissioners or any two or more of them are hereby authorized out of the said Shares Lots Parts and Proportions to Order Adjudge Decrée and Determine to either of the said Parties respectively such recompence and allowance as they the said Iudicature or Commissioners or any two or more of them shall see cause And for the better enabling the said Iudicature or Commissioners to procéed to the hearing ordering adjudging decréeing and determining and for putting in due and spéedy execution such Order Iudgement Decrée and Determination as they or any two or more of them shall make betwéen the said parties It is hereby further Enacted by the Authority aforesaid That they the said Iudicature or Commissioners or any two or more of them shall have such and the like power and authority as the High Court of Chancery hath in cases before the said Court depending and for putting in execution the Decrées of the said Court. The power and authority of the said Iudicature And to the end that the said Iudicature may be the better enabled to Iudge of the Rights and Pretensions of either party Be it further Enacted by the Authority aforesaid That in every Decrée or Determination which they shall make by vertue and in pursuance of this Act they shall have regard to the sum and sums of money actually disbursed and expended by either party in the Works of Dreyning the said Great Level Directions for their decrees and proceedings and in the preservation and reparation of the same and also to the respective Times of such Disbursements and expence defalking thereout such sum and sums of money as have béen received by either party their Tenants or Assigns for the Rents Issues and Profits of the same and abating out of the Interest of the Money disbursed by either party so much as the Interest of the Money received by such party for the Rents Issues and Profits of the same doth amount unto And to the intent that the persons who by the true intent and meaning of this Act are to be put into possession of any part of the said Eighty thrée thousand acres may not by undue delayes or by any other means or pretensions be kept out of the possession of the same Be it further Enacted by the Authority aforesaid That at any time or times after the expiration of Six moneths after the Passing of this Act it shall and may be lawful to and for the said Samuel Sandys the elder and his Trustées for him 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 Sir William Terringham Robert Phillips and Robert Scawen their and every of their respective Heires and Assigns and to and for the Participants of the said Earl Francis Parties to the said Indenture of Fourtéen parts their and every of their respective heirs and assigns whose Lands Shares Lots Parts and Proportions of and in the said Ninety five thousand acres were sold or pretended to be sold for non-payment of Taxes by vertue of the said pretended Act of the Nine and twentieth day of May in the year of our Lord One thousand six hundred forty and nine to bring their respective Action or Actions of Trespass or Trespass and Ejectment in His Majesties Court of Kings Bench or Court of Common-Pleas at Westminster against any person or persons whatsoever possessing withholding or occupying the same although the said Governour Bayliffs and Conservators or so many and such of them as are thereunto authorized by this present Act have not or shall not execute estates pursuant to this present Act to such person or persons hereby enabled to bring such Action or Actions and such person or persons shall recover such Lands Shares Lots Parts and Proportions of the said Ninety five thousand acres as they respectivly shall make and derive title and claim unto as Participants of the said Francis Earl of Bedford parties to the said Indenture of Fourtéen parts or as the respective Heirs or Assigns of the said respective Participants parties to the said Indenture of Fourtéen parts as if the said Governour Bayliffs and Conservators had duely executed respective Estates of such respective Lands Shares Lots parts and Proportions of the said Ninety five thousand acres according to the true intent and meaning of this Act And such person or persons his and their respective Heirs and Assigns shall have and
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
of Mountgomery Two hundred and nine pounds six shillings six pence The County of Pembroke the sum of Two hundred forty seven pounds one shilling seven pence thrée farthings The County of Radnor the sum of One hundred thirty one pounds eightéen shillings six pence thrée farthings The Town of Haverford-West the sum of Eleven pound nine shillings seven pence And be it further Enacted by the Authority aforesaid Commissioners named in the former Act shall have the same power for executing this Act. That all and every the persons who are nominated in and by the said former Act to be Commissioners of and for the several and respective Counties Cities Burroughs Towns and Places therein mentioned shall likewise be and so are hereby appointed to be Commissioners for execution of this present Act within the said several and respective Counties Cities Burroughs Towns and places for which they were nominated in the aforesaid Act and shall have and execute the like Powers and Authorities Rules and Directions touching the better Assessing Collecting Levying Receiving and Paying the said Fifty two thousand fourscore and thrée pounds six shillings and eight pence by the Moneth during the said Twenty four moneths as in and by the aforesaid Act were given to the said Commissioners touching the better Assessing Collecting Levying Receiving and Paying the said Thréescore and eight thousand eight hundred and ninetéen pounds and nine shillings by the Moneth payable as aforesaid And all and every person or persons who shall be liable unto or any ways concerned or imployed in the Assessing Collecting Levying Receiving or Paying any of the moneys by this Act imposed shall have like Benefits Advantages and Discharges and shall be subject to like Penalties and Forfeitures in case of any neglect or refusal to pay their respective Assessments or to perform their respective Duties as any other person or persons liable unto or concerned or imployed in the Assessing Collecting Levying Receiving or Paying any of the moneys by the said former Act imposed or to have or be subject unto as fully and amply as if the same Clauses Matters and Things had béen in this Act particularly repeated and Enacted To the end that the Monethly Assessments which will remain due and payable by vertue of the said former Act and the monethly Additions thereunto made by vertue of this present Act may be duly answered and paid in as aforesaid The first meeting 8. Jan. And be it further Enacted That the several Commissioners shall meet together at the most usual and common place of meeting as in the said Act is directed on or before the Tenth day of January next to put this Act and the said former Act in execution according to the best of their Iudgments and Discretions and shall then if they see cause subdivide themselves as by the said Act is further directed concerning the said former Assessment And further That they meet at least three Weeks before each Quarterly Payment of the said several Assessments for the purposes aforesaid And that the said Eight Quarterly Payments of Fifty two thousand fourscore and three pounds six shillings eight pence by the Moneth amounting in each Quarter to the sum of One hundred fifty six thousand two hundred and fifty pounds shall be Assessed Collected Levied and paid to the Receivers of the several Counties appointed or that shall be appointed by His Majesty and by them answered and paid into His Majesties Exchequer on the days and times mentioned and expressed in the said Act for payment of the said first Assessment Moneys lent to his Majesty or Wares how to be secured 18 Car. 2. cap. 1. And to the intent that all money to be lent to Your Majesty and moneys that shall be due upon such Contracts for Wares and Goods which shall be delivered for this service may be well and sufficiently secured out of the moneys arising and payable by this Act Be it further Enacted by the Authority aforesaid That there be provided and kept in His Majesties Exchequer to wit in the Office of the Auditor of the Receipt one Book or Register in which Book or Register all moneys that shall be paid into the Exchequer by this Act shall be entred and registred apart and distinct from the moneys paid or payable to Your Majesty on the before mentioned Act and from all other moneys or Branches of Your Majesties Revenue whatsoever And that also there be one other Book or Registry provided or kept in the said Office of all Orders and Warrants to be made by the Lord Treasurer and Vnder-Treasurer or by the Commissioners of the Treasury for the time being for payment of all and every Sum and Sums of money to all persons for Moneys lent Wares or Goods bought or other payments directed by His Majesty relating to the service of His War And that no moneys leviable by this Act be issued out of the Exchequer during this War but by such Order or Warrant mentioning that the Moneys payable by such Order or Warrant are for the service of Your Majesty in the said War respectively That also there be the like Book or Register provided and kept by the said Auditor of all moneys paid out or issued by vertue of such Orders and Warrants That it shall be lawful for any person or persons willing to lend any money or to furnish any Wares Victuals Necessaries or Goods on the Credit of this Act at the usual times when the Exchequer is open to have access unto and view and peruse all or any of the said Books for their Information of the state of those moneys and all Ingagements upon them for their better Encouragement to lend any moneys or furnish any Goods or Wares as aforesaid And that the respective Officers and their Deputies and Clerks in whose custody such Books be or shall be shall be assistant to such persons for their better and speedier satisfaction in that behalf That all and every person and persons who shall lend any moneys to Your Majesty and pay the same into the Receipt of the Exchequer shall immediately have a Tally of Loan struck for the same and an Order for his repayment bearing the same Date with his Tally in which Order shall be also a Warrant contained for payment of Interest for forbearance after the Rate of six per Cent. per annum for his consideration to be paid every six moneths until the repayment of his Principal And that all person and persons who shall furnish Your Majesty Your Officers of the Navy or Ordnance with any Wares Goods Victuals or other Necessaries for the service aforesaid shall upon Certificate of the Commissioners and Officers of the Navy or of the Master or Commissioners and Officers of the Ordnance or some of them without delay forthwith have made out to them Warrants or Orders for the payment of the moneys due or payable unto them which Certificates the said Officers of Your Navy Commissioners and Officers of the
Estate or Estates Title or Interest which Sale so made and Inrolled of Record according to the Custom or Vsage of the said City for Inrollment of Bargains and Sales shall be final and conclusive to all other persons whatsoever and shall bar them their Heirs and Assigns to claim any Estate Right Title or Interest of in or out of the Grounds so sold precedent to the said Sale And the Purchaser or Purchasers thereof his and their Heirs and Assigns shall and may by vertue of this Act have hold and enjoy the same against all persons claiming any Estate Right Title or Interest into or out of the same his and their Heirs Executors Administrators and Assigns fréed and discharged of and from Incumbrances in Estate Title Charge or otherwise precedent to the said Sale And to the end the said Builders may receive due encouragement by having the materials for building at reasonable Prices and getting of Workmen for moderate wages Be it further Enacted That in case of Combination or unreasonable Exaction by Brick-makers Tile-makers Who may in case of unreasonable exactions set rates upon Materials and Workmen and Lime-burners It shall and may be lawful for the Iustices of the Court of Kings Bench or any two or more of them upon the complaint of the said Mayor and Court of Aldermen to call before them such a number of Brick-makers Tile-makers and Lime-burners making or burning Brick Tile or Lime at any place within Five miles distance of the River of Thames as they shall think fit and upon conference with them had concerning the premisses if they will be present or otherwise in their absence to Assess such reasonable Prices from time to time upon every Thousand of the said Bricks and Tiles and upon every hundred of the said Lime and every greater or lesser quantity to be delivered at the several Kilns And also of all Carriages of the same Materials from the said Kilns to the said City whether by Land or by Water as may equally respect the honest profit of the said Brick-makers Tile-makers Lime-burners and Carriers and the necessity and convenience of the Builder Labourers Wages And to the intent no Brick-maker Tile-maker Lime-burner Carpenter Brick-layer Mason Plaisterer Ioyner Plumber or other Artificer Workman or Labourer may make the common calamity a pretence to extort unreasonable or excessive Wages Be it likewise Enacted That in case of combination or exaction of unreasonable Wages by the said Artificers Workmen or Labourers or any of them the said Iustices of the Court of Kings-Bench or any two or more of them upon the like complaint of the said Lord Mayor and Court of Aldermen shall and may from time to time limit rate and appoint the Wages of the said Artificers Workmen and Labourers by the day wéek or otherwise and what wages every of the said Workmen shall have by the great by the Foot Yard Rod or Perch or for any greater Quantity which said Rates together with the Prices of the said Materials and Carriages so assessed being set down in a Table and Proclamation thereof made by the Lord Mayor for the time being accordingly the same shall effectually bind all persons therein concerned And if any of the said Artificers refuse to sell the said Materials for the Prices so assessed or any of the said Carpenters Bricklayers Masons Plaisterers Ioyners Plumbers or other Workmen or Labourers shall either refuse to work for the Wages so assessed or shall depart from his said work after he hath undertaken to do the same without Licence of such person or persons as imployed him and before it be finished unless it be for non-payment of his hire or other just cause to be allowed before one Iustice of the Peace of such place where the offence shall be committed or if any person or persons whatsoever shall by any secret ways or means give covenant article or agrée to give directly or indirectly by himself or any other for him any other or greater Wages Prices or other Commodity then shall be so assessed the said Offender and Offenders being thereof legally convict by the Oaths of one or more witnesses which Oath the said Iustice is hereby impowred to administer shall be by the said Iustice of the Peace forthwith committed to the Common Gaol there to remain by the space of one Moneth without Bail or Mainprize unless he shall pay or cause to be paid for every such Offence to the said Iustice of the Peace such Fine as by the discretion of the said Iustice shall be set upon any such Offender not excéeding Ten pounds Out of which Fine the said Iustice shall and may award and pay unto the party injured such satisfaction as he shall judge reasonable and the residue thereof shall pay unto the Chamberlain of London for the time being to be imployed for and towards the re-edifying of the Publick Buildings of the City aforesaid Forâ—iners may as Freemen work in London And be it further Enacted That all Carpenters Bricklayers Masons Plaisterers Ioyners and other Artificers Workmen and Labourers to be imployed in the said Buildings who are not Frée-men of the said City shall for the space of Seven years next ensuing and for so long after as until the said Buildings shall be fully finished have and enjoy such and the same liberty of working and being set to work in the said Building as the Fréemen of the City of the same Trades and Professions have and ought to enjoy Any Vsage or Custom of the City to the contrary notwithstanding And that such Artificers as aforesaid which for the space of Seven years shall have wrought in the rebuilding of the City in their respective Arts shall from and after the said seven years have and enâ—oy the same Liberty to work as Fréemen of the said City for and during their natural lives Provided always That such Artificers claiming such Priviledges shall be liable to undergo all such Offices and to pay and perform such Duties in reference to the Service and Government of the City as Fréemen of the City of their respective Arts and Trades are liable to undergo pay and perform Who may determine differences between Builders about stopping Lights c. And to remove all obstacles which otherwise may hinder so good and profitable a work Be it further Enacted by the Authority aforesaid That all differences arising betwéen the said Builders or any others concerning placing and stopping up of Lights Windows Water-courses or Gutters which may hinder or retard the said Building shall and may be heard mediated and determined if it may be by the Alderman of the Ward where the cause of any such difference shall arise and his Deputy and if either the said Alderman or his Deputy be concerned as parties in the controversie or that they cannot determine the said Differences that then and in every such case the same be certified by the said Alderman or his Deputy unconcerned therein to the
4. 20 R. 2. 2. and one other Statute made in the twentieth year of the reign of the late King Richard the second by which it is ordained that no Vaclets called Yeomen nor other of lesser estate than an Esquire shall use or bear any sign of Livery called Livery of Company of any Lord within the Realm And one Statute made in the first year of the reign of the late King Henry the fourth concerning giving of Liberies 7 H. 4. 7. 6 H. 4. 14. 13 H. 4. 3. 8 H. 6. 4. 8 Ed. 4. 2. 3 H. 7. 1. 3 H. 7. 12. A repeal of the 9 Statutes last mentioned And one statute made in the 7th year of the reign of the late King Hen. the 4th concerning giving of Liveries And one other Statute made in the 13th year of the reign of the late King Henry the fourth concerning giving of Liveries And one Statute made in the eighth year of the reign of the late King Henry the sixth concerning Liveries And one Statute made in the eighth year of the reign of the late King Edward the fourth concerning Liveries and so much of one Statute made in the third year of the reign of the late King Henry the seventh concerning the Star-Chamber as toucheth or concerneth the punishment of those that shall give or take Liveries And one other Statute made in the said third year concerning taking of Liveries by the Kings Officers and Farmers be from henceforth repealed And be it also enacted by authority of this Parliament 7 Jac. 20. continued untill the next Parliament that one Act of Parliament made in the seventh year of the reign of the late King James intituled An Act for the speedy recovery of many thousand Acres of marsh grounds and other grounds within the Counties of Norfolk and Suffolk lately surrounded by the rage of the Sea in divers parts of the said Counties and for the prevention of the danger of the like surrounding hereafter be continued and shall stand in force untill the end of the next Session of Parliament 17 Car. cap. 4. CAP. V. The Estates of the Tenants of Bromfield and Yale in the County of Denbigh and of the Tenures Rents and Services thereupon reserved according to the late composition made for the same with the Kings most Excellent Majesty then Prince of Wales ratified and confirmed PR CAP. VI. Five Subsidies granted by the Spiritualty EXP. CAP. VII Five Subsidies granted by the Temporalty Anno quarto Caroli Regis EXP. Anno Regni Caroli Regis Angliae Scotiae Franciae Hiberniae Decimo Sexto AT the Parliament begun at Westminster the third day of Novemb. An. Dom. 1640. In the sixteenth year of the Reign of CHARLES the first by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. To the High pleasure of Almighty God and to the weal publick of this Realm were Enacted as followeth CAP. I. Parliaments to be called and held every third year REP. ALT 16 Car. 2. cap. 1. CAP. II. A Grant of four entire Subsidies for the Relief of His Majesties Army and the Northern parts of the Kingdom EXP. CAP. III. Some things mistaken in the last Act reformed and the Acts of the Commissioners and other Officers by them appointed made good EXP. Anno decimo septimo Caroli Regis CAP. IV. A Grant of two Subsidies for the further Relief of His Majesties Army and the Northern parts of the Kingdom EXP. And divers Statutes continued ANd be it Enacted by the Authority aforesaid That the passing of this present Act Divers Statutes continued or of any other Act or Acts or his Majesties Royal Assent to them or any of them in this present Session of Parliament shall not be any determination of the said Session 3 Car. cap. 4. continued further and that all Statutes and Acts of Parliament which have their continuance or were by an Act of Parliament made in the third year of the Reign of his Majesty that now is intituled An Act for the Continuance and Repeal of divers Statutes continued untill the end of the first Session of the then next Parliament shall by vertue of this Act be adiudged ever since the Session of Parliament in the said third year to have been of such force and effect as the same were the last day of that Session and from thenceforth until some other Act of Parliament be made touching the continuance or discontinuance of the said Statutes and Acts in the said Act of the third year of his Majesties Reign continued as aforesaid CAP. V. The Lord Admiral and others by his authority may Raise and Impress Mariners Sailers and others for the present guarding of the Seas and necessary Defence of the Realm EXP. CAP. VI. Michaelmas Term abbreviated Inconvenience◠Michaelmas term being so soon after the feast of Saint Michael VVHereas the Term of S. Michael commonly called Michaelmas Term doth begin so soon after the Feast of Saint Michael that it is generally found to be very inconvenient to His Majesties Subjects both Nobles and others as well for the keeping of the Quarter Sessions next after the Feast of Saint Michael the Archangel and the keeping of their Léets Law-dayes and Court-Barons which they can by no means attend in regard of the necessity of their coming to the said Term so spéedily after the Feast of Saint Michael the Archangel to appear upon Iuries and to follow their Causes and Suits in the Law the same time being the chief time of all the year for the sowing of Land with Winter Corn and for the disposing and setting in order of all their Winter Husbandry and business and for the receiving and paying of Rents And in many parts of this Kingdom Harvest is seldom or never Inned till three wéeks after the said Feast Therefore the Kings most Excellent Majesty out of the Princely care that he hath of all his loving Subjects having a special care to the encrease and continuance of their wealth and good Estates by the assent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the authority of the same Ordaineth Enacteth and Establisheth That in the said Michaelmas Term there shall be six common dayes of Return only and not above that is to say The first day of Return thereof shall be and be called A die Sancti Michaelis in tres Septimanas In Michaelmas term shall be lie common dayes of Return only The second day of Return of the same Term shall be and be called A die Sancti Michaelis in unum mensem The third day of Return of the same Term shall be and be called In Crastino animarum The fourth day of Return of the same Term shall be and be called In Crastino Sancti Martini The fifth day of Return of the same Term shall be and be called In Octabis Sancti Martini And the sixth day of Return of the said
but that the same during the continuation of such Lease Leases or other Agreements shall be payed delivered and performed in such measure and form as the same hath been payed delivered and performed before the making of this Act And that such measure Water measures to be continued that is commonly called Water-measure in any Ports Maritime Towns or other places shall be still used and continued as formerly the same hath béen Any thing in this Statute contained to the contrary hereof in any wise notwithstanding The general issue may be pleaded Provided also That no Iustice or Iustices of the Peace Mayor Bailiff or other head Officer Churchwardens Overséers or any other authorized by this Statute for the due execution thereof in any point shall be sued impleaded or otherwise impeached for doing or executing their said Offices respectively And if any Suit or Suits hereafter shall be Commenced against them or any of them their Agents or Assistants touching the premisses That then it shall and may be lawful for them and every of them so sued or troubled in any Court or Courts wheresoever to plead the general issue Not Guilty and to give this Statute in Evidence or any other special matter in Evidence Treble costs for unjust vexation And in ease by or upon this Law they or any of them shall be found not guilty or the Plaintiff be Non-suited the Defendant or Defendants shall recover treble Costs against the Plaintiff for his unjust vexation CAP. XX. None shall be compelled to take the Order of Knighthood Writs issued for persons to take the order of Knighthood WHereas upon the pretext of an ancient custom or usage of this Realm of England That Men of full age being not Knights and being seised of Lands or Rents of the yearly value of forty pounds or more especially if their seisin had so continued by the space of thrée years next past might be compelled by the Kings Writ to receive or take upon them the order or dignity of Knighthood or else to make Fine for the discharge or respite of the same Several Writs about the beginning of his Majesties reign issued out of the Court of Chancery for Proclamations to be made in every County to that purpose and for certifying the names of all such persons and for summoning them personally to appear in the Kings presence before a certain day to be there ready to receive the said Order or Dignity Upon return of which Writs and transmitting the same with their Returns into the Court of Exchequer Returns and upon other Writs for further inquiry of the names of such persons issuing out of the said Court of Exchequer Processe by Distringas was thence made against a very great number of persons Distringas many of which were altogether unfit in regard either of Estate or quality Fines to receive the said Order or Dignity and very many were put to grievous Fines and other vexations for the same although in truth it were not sufficiently known how or in what sort or where they or any of them should or might have addressed themselves for the receiving the said Order or Dignity and for saving themselves thereby from the said Fines Process and vexations And whereas it is most apparent that all and every such procéedings in regard of the matter therein pretended is altogether useless and unreasonable May it therefore please your most Excellent Majesty that it be by authority of Parliament declared and Enacted No person shal be compelled to take on him the order of Knighthood nor undergo any fine for that cause And be it declared and Enacted by the Kings most Excellent Majesty and the Lords and Commons in this Parliament assembled and by the Authority of the same That from henceforth no person or persons of what condition quality estate or degrée soever shall at any time be distrained or otherwayes compelled by any Writ or Process of the Court of Chancery or Court of Exchequer or otherwise by any means whatsoever to receive or take upon him or them respectively the Order or Dignity of Knighthood nor shall suffer or undergo any Fine Trouble or Molestation whatsoever by reason or colour of his or their having not received or not taken upon him or them the said Order or Dignity And that all and every Writ or Processe whatsoever and all and every procéeding which shall hereafter be had or made contrary to the intent of this Act shall be déemed and adjudged to be utterly void And that all and every processe procéeding and charge now depending by reason or colour of the said pretended custome or Writs aforesaid or of any the Dependants thereof shall from henceforth cease and stand be and remain discharged and utterly void Any former Law or Custome or any pretence of any former Law or Custome or any other matter whatsoever to the contrary in any wise notwithstanding Stat. 1 E. 2. CAP. XXI Liberty for bringing in of Gun-powder and Salt-peter from Forraign parts and for the free making of Gun-powder in this Realm Mischiefs by prohibiting importing of Gunpowder WHereas the Importation of Gun-powder from forreign parts hath of late times béen against Law prohibited and the making thereof within this Realm ingrossed whereby the price of Gun-powder hath béen excessively raised many powder works decayed this Kingdom very much weakened and indangered the Merchants thereof much damnified many Mariners and others taken prisoners and brought into miserable Captivity and Slavery many Ships taken by Turkish and other Pyrates and many other inconveniences have from thence insued and more are likely to ensue if they be not timely prevented Liberty to all to import gun-powder 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 it shall and may be lawful to and for all and singular persons as well Strangers as natural born Subjects of this Realm to import and bring into this Kingdom any quantities of Gun-powder whatsoever paying such Customes and Duties for the same as by authority of Parliament shall be limited and set down And be it further Declared and Enacted by the Authority aforesaid All Subjects may make and sell Gun-powder and import Salt-peter That it shall and may be lawful to and for all and singular his Majesties Subjects of this his Realm of England to make and sell any quantities of Gun-powder at his and their will and pleasure and also to bring into this Kingdom any quantities of Salt-peter Brimstone or any other materials necessary or requisite for the making of Gun-powder And lastly Be it Enacted by the Authority aforesaid That if any person or persons Penalty for putting in execution Letters Patents Proclamations c. against this liberty from and after the tenth day of August which shall be in the year of our Lord God One thousand six
persons to ship carry out and transport by way of Merchandize these several sorts of Goods following that is to say Gun-powder when the same doth not excéed the price of five pounds the Barrel And Wheat Rye Pease Beans Barley Mault and Oats Béef Pork Bacon Butter Chéese Candles when the same do not excéed in price at the Ports from whence they are Laden and at the time of their Lading these prises following That is to say Wheat the Quarter Forty shillings Rye Beans and Pease the Quarter Twenty four shillings Barley and Mault the Quarter twenty shillings Oats the Quarter Sixtéen shillings Béef the Barrel Five pounds Pork the Barrel Six pounds ten shillings Bacon the pound Six pence Butter the Barrel Four pounds ten shillings Chéese the Hundred One pound ten shillings Candles the dozen pound Five shillings paying the respective Rates appointed by this Act and no more Any former Law Statute Prohibition or Custome to the contrary in any wise notwithstanding His Majesty by Proclamation may prohibit transporting Gun-powder Arms and Ammunition out of England 1. Stat. 17. Car. 1. cap. 21. An additional Subsidy upon Wines over and above the forementioned rates Security to be given by the Importer The said Subsidy to be repaid upon exportation Provided alwayes That it shall be frée and lawful for his Majesty at any time when he shall sée cause so to do and for such time as shall be therein expressed by Proclamation to prohibit the Transporting of Gun-powder or any sort of Arms or Ammunition into any parts out of this Kingdome Any thing in this Act contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That over and above the Rates herein before mentioned there shall be paid unto your Majesty of every Ton of Wine of the Growth of France Germany Portugal or Madera brought into the Port of London or elsewhere the sum of thrée pounds of currant English money within the space of Nine moneths after the Importing And of every Ton of all other Wines brought in as aforesaid the sum of Four pounds of like currant Money within the space of Nine months after the Importing thereof For the payment of which duties accordingly the Importer shall give good Security And if any of the said Wines for which the additional Duty in this clause mentioned is paid or secured at the Importation be Exported within twelve moneths after their Importation then the foresaid additional Duty in this clause mentioned shall be returned or the security discharged as to so much as shall be so Exported And if at the Importation the Importer shall pay for the same ready money he shall be allowed after the Rate of Ten per Cent. for a year All Wines discharged of Excise And be it further Enacted That from and after the said Four and twentieth day of July all manner of Wines whatsoever to be Imported in the Port of London or elsewhere shall be fréed and discharged of and from the Imposition of Excise Prisage wines not to pay any custome or subsidy Provided and it is hereby Declared and Enacted That the prisage of Wines or prise-Wines ought not to pay Tonnage nor Custome and shall not be charged with the payment of any Custome Subsidy or sum of money Imposed upon Wines by this Act or any thing therein contained Stat. 13 Car. 2. cap. 7. CAP. V. For continuing the Excise untill the Twentieth of August 1660. EXP. Stat. 13 Car. 2. cap. 7. CAP. VI. For the present Nominating of Commissioners of Sewers His Majesty not yet having constituted any Treasurer of England or Chief Justice of either Bench according to the Stat. of 20 H. 8. EXP. and the said Statute of H. 8. to continue in force CAP. VII Marquess of Ormond An Act for restoring unto James Marquess of Ormond All his Honours Manors Lands and Tenements in Ireland whereof he was in possession on the Three and twentieth day of October One thousand six hundred forty and one or at any time since PR CAP. VIII For continuing the Excise till the Five and twentieth Day of December One thousand six hundred and sixty EXP. Stat. 13 Car. 2. cap. 7. CAP. IX For the speedy Provision of Money for Disbanding and Paying off the Forces of this Kingdom both by Land and Sea by a contribution of all persons according to their several Ranks and Degrees EXP. CAP. X. Explanations of certain defaults in an Act Entituled An Act for the speedy Provision of Money for Disbanding and Paying off the Forces of this Kingdom both by Land and Sea CAP. XI The Kings Majesties most gracious Free and General Pardon Indempnity and Oblivion THe Kings most Excellent Majesty taking into His Gracious and Serious consideration the long and great Troubles Discords and Wars The Causes and Ends of this Pardon and Indempnity that have for many years past béen in this Kingdom and that divers of His Subjects are by occasion thereof and otherwise faln into and be obnoxious to great pains and penalties Out of a hearty and pious Desire to put an end to all Suits and Controversies that by occasion of the late Distractions have arisen or may arise betwéen all His Subjects The General Pardon And to the intent that no Crime whatsoever committed against His Majesty or His Royal Father shall hereafter rise in Iudgment or be brought in Question against any of them to the least endamagement of them either in their Lives Liberties Estates or to the prejudice of their Reputations by any Reproach or Term of Distinction And to bury all Séeds of future Discords and remembrance of the former as well in his own Breast as in the Breasts of His Subjects one towards another And in performance of His Royal and Gracious Word signified by His Letters to the several Houses of Parliament now assembled and His Declarations in that behalf published Is pleased that it may be Enacted And be it Enacted by the Kings most Excellent Majesty with the advice and consent of the Lords and Commons in this present Parliament assembled First That all and all manner of Treasons Misprisions of Treason Murthers Felonies Offences Crimes Contempts and Misdemeanors Counselled Commanded Acted or done since the first day of January in the year of Our Lord One thousand six hundred thirty seven by any person or persons before the Twenty fourth day of June in the year of Our Lord One thousand six hundred and sixty other then the persons hereafter by name excepted in such manner as they are hereafter excepted by vertue or colour of any command power Authority Commission or Warrant or Instructions from his late Majesty King Charles or His Majesty that now is or from any other person or persons deriving or pretending to derive authority mediately or immediately from both or either of their Majesties or by vertue or colour of any Authority derived mediately or immediately of or from both Houses or either House of
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 â—ins 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 â—aâ—ed 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
de droyt Ouster le maine or other Suit to his Maiesty enter on the premisses in his Majesties possession or in the possession of his Successors and Patentées their Heirs or Assigns in such manner to all intents as he or they might have done on the possession of the said Offenders their Heirs or Assigns in or upon the said twenty fifth day of March or at any time since Any thing in this Act to the contrary in any wise notwithstanding Proviso for such as have received paid their Rents to the Offenders Provided also That all and every person and persons which have received any of the Rents or mean profits of in or out of any the Lands Tenements and Hereditaments Chattels real or Possessions of any of the Offender or Offenders in this Act mentioned before the Eleventh day of February One thousand six hundred fifty and nine and have paid or accounted for the same before she said Eleventh day of February One thousand six hundred fifty and nine unto the said Offender or Offenders or their Assigns or to any claiming from or under them shall be clearly and for ever acquitted and discharged of and from the same against the Kings Majesty His Heirs and Successors any thing herein contained to the contrary notwithstanding Proviso for Richard Ingoldsby Provided alwayes That it shall and may be lawful to and for Richard Ingoldsby to retain and kéep or otherwise to sell and dispose all and singular the Goods and Chattels formerly belonging to Sir Hardress Waller in the Kingdom of Ireland untill two thousand pounds for which the said Richard Ingoldsby in the year One thousand six hundred fifty eight stood joyntly bound with the said Sir Hardress Waller unto James Brooks of the City of York Alderman and was then counter-secured by a Iudgment upon his Lands and since by a Déed of Bargain and Sale of the said Goods and Chattels in Ireland be fully paid together with the Interest thereof he the said Richard Ingolsby accounting for and paying the full overplus thereof if any shall be unto our Soveraign Lord the King Any thing herein before contained to the contrary notwithstanding St. 13 Car. 2. cap. 7. CAP. XXXI Leases and Grants from Colledges and Hospitals Confirmed CAP. XXXII Exportation of Wooll Woolfells Fullers Earth or any kind of Scouring Earth Prohibited FOR the better preventing and avoiding of such Losses and Inconveniencies as have happened and daily do and may happen to the Kingdom of England and Dominion of Wales and to the Kingdom of Ireland by and through the secret and subtile exportation and transportation and by and through the subtile carrying and conveying away of Wooll Woolfels Mortlings Shorlings Yarn made of Wooll Woolflocks Fullers Earth and Fulling Clay out of and from the Kingdoms and Dominion aforesaid and for the better setting on work the poor people and Inhabitants of the Kingdoms and Dominion aforesaid And to the intent that the full and best use and benefit of the principal native Commodities of the same Kingdoms and Dominion may come redound and be unto and amongst the Subjects and Inhabitants of the same and not unto or amongst the Subjects and Inhabitants of the Realm of Scotland or of any Forreign Realms or States as the same now of late in some great measure hath done and is further likely to do if some severer punishment than heretofore be not speedily inflicted upon such Offenders as shall be Actors or Assistants in and to such Exportation and Transportation and in and to such carrying and conveying thereof as aforesaid Be it Enacted by the Kings most Excellent Majesty No person after the 14. of Jan. 1660. shall export any Sheep or Wooll Wool-fells Mortlins Shorlings Yarn Woolflocks Fullers Earth Fulling Clay the Lords and Commons in this present Parliament assembled and by the Authority of the same That no person or persons whatsoever from and after the fourtéenth day of January One thousand six hundred and thréescore shall directly or indirectly Export Transport carry or convey or cause or procure to be Exported Transported carried or conveyed out of or from the Kingdom of England or Dominion of Wales or Town of Berwick upon Tweed or out of or from the Isles of Jersey or Guernsey with Sarke and Alderney being under the Government of Guernsey aforesaid or out of or from any of them or out of or from the Kingdom of Ireland aforesaid into any parts or places out of the Kingdoms Isles or Dominion aforesaid any Shéep or Wooll whatsoever of the bréed or growth of the Kingdoms of England or Ireland or Isles or Dominion aforesaid Or any Woolfells Mortlings or Shorlings or any Yarn made of Wooll or any Woolflocks or any Fullers Earth or any Fulling Clay whatsoever nor shall directly or indirectly pack or load Nor carry load or board any Sheep Wooll c. or cause to be packed or loaded upon any Horse Cart or other Carriage or Load or lay on board or cause to be loaden or laid on board in any Ship or other Vessel in any Place or Port within the Kingdoms of England or Ireland or Town of Berwick or Isles or Dominion aforesaid any such Shéep Wool Wool-fells Mortlings Shorlings Yarn made of Wooll or Woolflocks or any Fullers Earth or Fulling Clay to the intent or purpose to export transport carry or convey the same or to cause the same to be exported transported carried or conveyed out of the Kingdoms of England and Ireland Town of Berwick Isles or Dominion aforesaid or with intent or purpose that any other person or persons should so export transport carry or convey the same into any parts or places out of the Kingdoms of England and Ireland Town of Berwick Isles or Dominion aforesaid into the Kingdom of Scotland or any forreign parts And be it further Enacted by the Authority aforesaid That no Wooll Woolfells Mortlings No Wooll Woolfells c. after the 14. of Ian. 1660. to be carried into Wales Ireland c. Except Shorlings Yarn made of Wooll Woolflocks or any Fullers Earth or Fulling Clay shall be from and after the fourtéenth day of January in the year of our Lord one thousand six hundred and thréescore exported transported carried or conveyed out of the Kingdom of England and Dominion of Wales or Town of Berwick or Kingdom of Ireland or out of any Port or Place of the said Kingdoms respectively unto the Isles of Jersey or Guernsey or to Sarke or Alderney except as in this Act shall be hereafter limited or appointed And be it further Enacted by the authority aforesaid The Penalties That all and every the Offender and Offenders offence and offences aforesaid shall be subject and lyable to the respective pains penalties and forfeitures hereafter following That is to say The said Shéep Woolls Woolfells Mortlings Shorlings Yarn made of Wooll Woollflocks Fullers Earth and Fulling Clay so exported transported carried conveyed packed or loaden contrary to the
the said Isles of Jersey and Guernsey or either of them or to any such wooll to be shipped or loaden aboard in any ship or other vessel by or for the only use or behoof of any the Inhabitants of the said Isles of Jersey or Guernsey or either of them in the Port aforesaid to be exported and transported into the said Isles of Jersey or Guernsey or either of them so as such person and persons that shall so ship or lay aboard such wool into any ship or other Vessel do before the shipping or laying aboard such wool deliver unto the Customer Comptroller Surveyor or Searcher of the Port of Southampton aforesaid out of which the same wooll is to be exported a writing under the Seal or Seals of the respective Governors of the same Isles of Jersey and Guernsey unto which the said wooll is to be transported or of his or their Deputy or Deputies respectively the which writing shall purport and express that the party named in such writing is authorised and appointed to export or to cause to be exported out of the Port aforesaid so much wooll expressing the number of the Tods to the same Isle to be used or manufactured in one of the same Isles or in some of the members or parts of the same and that such party so authorised and appointed to export or cause to be exported that wooll hath before the making and sealing of that writing entred into sufficient Bond to his Majesties use for the landing of the said wooll in that Isle And to the intent that the quantity of wooll to be exported out of the Port of Southampton aforesaid into the said Isles or either of them in any one year accompting the year to begin from the first day of January next ensuing and so yearly from the first day of January may not excéed the quantity hereunder specified that is to say unto the Isle of Jersey Two thousand Tods and no more of unkeamed wooll and unto Guernsey Alderney Sarke One thousand Tods and no more of unkeamed wooll and unto Alderney Two hundred Tods and no more of unkeamed wooll and unto Sarke One hundred Tods of unkeamed wooll and no more every Tod not excéeding thirty two pounds And be it Enacted by the authority aforesaid That the Governor of the said Isle of Jersey or his Deputy for whom he will answer shall not make to any Person or Persons any writing or writings such as is above specified to authorise or appoint such Person or Persons as aforesaid to fetch export or transport out of the Port of Southampton aforesaid unto the said Isle of Jersey in one year accompting the year from the first day of January One thousand six hundred and sixty aforesaid any greater quantity of wooll then Two thousand Tods in any one year and that the Governor of the said Isle of Guernsey or his Deputy for whom he will answer shall not make to any Person or Persons any writing or writings such as is above specified to authorize and appoint such person or persons as aforesaid to fetch export or transport out of the Port above specified unto the said Isles of Guernsey with Alderney and Sarke in any one year accompting the year from the first day of January aforesaid any greater quantity of wooll then one thousand Tods for Guernsey Two hundred Tods for Alderney and one hundred Tods for Sarke in any one year and that the Customer of the Port of Southampton aforesaid shall kéep a true accompt of all the said quantity of Woolls so by him permitted to be loaden by vertue of this Act and shall not permit any greater quantity of Woolls to be loaden then by this Act is prescribed in any one year to either of the said Islands respectively under any pretence whatsoever upon the penalty of the forfeiture of his place and the sum of One hundred pounds in money one moyety whereof to the Kings Majesty His Heirs and Successors and the other moyety to him or them that will sue for the same in any Court of Record wherein no Essoign Protection or Wager of Law shall be allowed And if any of the Governors aforesaid or any of their or either of their Deputy or Deputies of the said Isles or either of them shall give grant or make any Licence or Licences for exporting from Southampton aforesaid into the said Isles respectively of any greater quantity of such Wooll then is before by the true meaning of this Act limited and appointed in that behalf That then the respective Governor or Governors of such of the said Isles shall forfeit and pay to Kings Majesty His Heirs or Successors the sum of Twenty pounds of lawful money of England for every Tod of Wooll which shall be so licensed to be exported over and above the rate or porportion of Wooll in and by this Act or the true meaning thereof limited or appointed And be it further Enacted by the Authority aforesaid That the respective Governors aforesaid or their respective Deputies or any their Clerks Officers or Servants for the granting making or sealing of every such writing of Licence as is aforesaid and for the entring a Remembrance of the same into some Book which they shall have and kéep for that purpose may have and take the sum of Twelve pence and no more upon pain of forfeiting to the party grieved the sum of Five shillings for every penny which shall be taken over and above the said sum of twelve pence in and by this Act allowed to be taken and so after that proportion the said penalty or Forfeiture for the taking above Twelve pence as aforesaid to be recovered by Bill Plaint or Information in any Court of Record at Westminster or elsewhere wherein no Injunction Protection Priviledge Essoyne or Wager of Law shall be admitted or allowed St. 13 Car. 2. cap. 13. CAP. XXXIII The Confirmation of Marriages VVHereas by vertue or colour of certain Ordinances or certain pretended Acts or Ordinances divers marriages since the beginning of the late troubles have béen had and solemnized in some other manner then hath béen formerly used and accustomed Marriages since the ◠May 1642. confirmed Now for the preventing and avoiding of all doubts and questions touching the same It is Enacted by the Kings most Excellent Majesty with the advice and assent of the Lords and Commons in Parliament Assembled and by Authority of the same That all Marriages had or Solemnized in any of his Majesties Dominions since the first day of May in the year of Our Lord One thousand six hundred forty and two before any Iustice of Peace or reputed Iustice of Peace of England or Wales or other his Majesties Dominions and by such Iustice or reputed Iustice so pronounced or declared And all Marriages within any of His Majesties Dominions since the same first day of May in the year of Our Lord One thousand six hundred forty two had or Solemnized according to the
for six moneths and there to be put to hard labour or to the Common-Gaol for one whole year without Bail or Main-prize at the Discretion of the Iustices of the Peace before whom such Conviction shall be and not to be discharged from thence till he or they have given sufficient Sureties for their Good-behaviour for one whole year next ensuing after his or their inlargement Provided that where any Offender shall be punished by force of this Act that he shall not be prosecuted nor incur the penalty of any other Law or Statute for the same offence 19 H. 7. c. 11. 3 Jac. c. 13. 7 Jac. c. 13. CAP. XI The Confirmation of Three Acts therein mentioned BE it Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords and Commons in this present Parliament assembled and by the Authority of the same That the several Acts herein after mentioned made or mentioned to be made upon or since the Twenty fifth day of April in the Twelfth year of his said Majesties Reign by his said Majesty by and with the advice or consent of the Lords and Commons Assembled at Westminster upon the said 25th of April and there continued until the 29th day of December then next following and then dissolved which said Acts are herein after particularly mentioned and expressed by the several and respective Titles following St. 12 Car. 2. cap. 29 St. 12 Car. 2. cap. 33. St. 12 Car. 2. â—ap 14. That is to say One Act Entituled An Act for the raising of Seventy thousand pounds for the further Supply of his Majesty And one other Act entituled An Act for Confirmation of Marriages and one other Act entituled An Act for a perpetual Anniversary shanksgiving on the Twenty ninth day of May and all and every the Clauses Sentences and Articles in them and every of them contained shall be and hereby are Ratified and Confirmed and Enacted and Declared to have the full force and strength of Acts of Parliament according to the tenor and purport thereof and so shall be adjudged déemed and taken to all intents and purposes whatsoever and as if the same had béen made declared and Enacted by Authority of this present Parliament CAP. XII Explanation of a Clause contained in an Act of Parliament made in the Seventeenth Year of the late King Charles Entituled An Act for Repeal of a Branch of a Statute Primo Elizabethae concerning Commissioners for Causes Ecclesiastical VVHereas in an Act of Parliament made in the Seventeenth year of the late King Charles Entituled An Act for Repeal of a Branch of a Statute Primo Elizabethae concerning Commissioners for Causes Ecclesiastical St. 17 Car. 1. cap. 11. it is amongst other things Enacted That no Arch-bishop Bishop nor Vicar-General nor any Chancellor nor Commissary of any Arch-Bishop Bishop or Vicar-General nor any Ordinary whatsoever nor any other Spiritual or Ecclesiastical Iudg Officer or Minister of Iustice nor any other person or persons whatsoever exercising Spiritual or Ecclesiastical Power Authority or Iurisdiction by any Grant License or Commission of the Kings Majesty His Heirs or Successors or by any Power or Authority derived from the King His Heirs or Successors or otherwise shall from and after the first day of August which then should be in the year of our Lord God One thousand six hundred forty one Award Impose or Inflict any Pain Penalty Fine Amerciament Imprisonment or other Corporal punishment upon any of the Kings Subjects for any contempt misdemeanor crime offence matter or thing whatsoever belonging to Spiritual or Ecclesiastical Cognizance or Iurisdiction whereupon some doubt hath béen made that all ordinary power of Coertion and Procéedings in Causes Ecclesiastical were taken away whereby the ordinary course of Iustice in Causes Ecclesiastical hath béen obstructed Be it therefore declared and Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords and Commons in this present Parliament assembled The ordinary power of Archbishops c. not taken away and by the Authority thereof That neither the said Act nor any thing therein contained doth or shall take away any ordinary Power or Authority from any of the said Arch-Bishops Bishops or any other person or persons named as aforesaid but that they and every of them exercising Ecclesiastical Iurisdiction may procéed determine sentence execute and exercise all manner of Ecclesiastical Iurisdiction May use Ecclesiastical Iurisdiction and all Censures and Coertions appertaining and belonging to the same before the making of the Act before recited in all causes and matters belonging to Ecclesiastical Iurisdiction according to the Kings Majesties Ecclesiastical Laws used and practised in this Realm in as ample manner and form as they did and might lawfully have done before the making of the said Act. The Stat. 17. Car. 1. cap. 11. Rep. as to all except what concerns the High Commiss on Court Proviso And be it further Enacted by the Authority aforesaid That the afore recited Act of Decimo septimo Caroli and all the Matters and Clauses therein contained excepting what concerns the High Commission-Court or the new erection of some such like Court by Commission shall be and is hereby repealed to all intents and purposes whatsoever Any thing clause or sentence in the said Act contained to the contrary notwithstanding Provided alwayes and it is hereby Enacted That neither this Act nor any thing herein contained shall extend or be construed to revive or give force to the said Branch of the said Statute made in the said first year of the Reign of the said late Quéen Elizabeth mentioned in the said Act of Parliament made in the said seventéenth year of the Reign of the said King Charles but that the said Branch of the said Statute made in the said first year of the Reign of the said Quéen Elizabeth shall stand and be repealed in such sort as if this Act had never béen made Provided also and it is hereby further Enacted That it shall not be lawful for any Arch-Bishop Proviso touching the oath Ex Officio Bishop Vicar-General Chancellor Commissary or any other Spiritual or Ecclesiastical Iudg Officer or Minister or any other person having or exercising Spiritual or Ecclesiastical Iurisdiction to tender or administer unto any person whatsoever the Oath usually called the Oath Ex Officio or any other Oath whereby such person to whom the same is tendred or administred may be charged or compelled to confess or accuse or to purge him or her self of any criminal matter or thing whereby he or she may be lyable to any censure or punishment Any thing in this Statute or any other Law Custom or Vsage heretofore to the contrary hereof in any wise notwithstanding Proviso not to give any other Iurisdiction to any Archbishop c. than they had by law before the year 1639. The Kings Supremacy in Ecclesiastical matters Canons Ecclesiastical Provided
County of Southampton being parcel of the Mannor of Husband Priors which by order and decrée of the High-Court of Chancery of the one and twentieth of June One thousand six hundred sixty one she is to be forthwith restored unto and put into possession of and to quietly hold and enjoy the same during her Widowhood with the mean profits thereof taken by the said Mr Wallop But that it shall and may be lawful to and for the said Rachel Powre to hold and enjoy the same according to the said Decrée Proviso for Sir John Bourchier Provided alwayes and it is hereby further Enacted That it shall and may be lawfull to and for Barrington Bourchier Esquire Son and Heir of Sir John Bourchier herein before mentioned to hold and enjoy all and singular the Lands Tenements and Hereditaments to him lately granted and conveyed or mentioned to be granted and conveyed in and by certain Letters Patents under the Great Seal of England bearing date the Two and twentieth day of March in the thirtéenth year of His Majesties Reign against His Majesty His Heirs and Successors for ever according to the full intent and meaning of the said Letters Patents Any thing in this present Act contained to the contrary thereof in any wise notwithstanding Anno XIII Car. II. Regis ACTS made at the second meeting in this present Parliament begun at Westminster the 8th day of May Anno Dom. 1661. And there continued untill the 20th of December and from that day adjourned unto the seventh of January next ensuing as followeth CAP. I. An Act for the well Governing and Regulating of Corporations impowring the King to issue Commissions for the removing placing and restoring certain Officers and Members there FOr and within the several Cities Corporations and Burroughs and Cinque-Ports and their Members and other Port-Towns within the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed viz. All Mayors Aldermen Recorders Bailiffs Town-Clerks Common-Councel-men and other persons then bearing any Office or Offices of Magistracy or Places or Trusts or other Imployment relating to or concerning the Government of the said respective Cities Corporations and Burroughs and Cinque-ports and their Members and other Port-Towns and for tendring to all such the Oaths of Allegiance and Supremacy and this Oath following I A. B. do declare and believe That it is not lawful upon any pretence whatsoever to take Arms against the King and that I do abhor that Traiterous Position of taking Arms by His Authority against His Person or against those that are Commissioned by Him So help me God And also for subscribing this following Declaration I A. B. do declare That I hold that there lies no Obligation upon me or any other person from the Oath commonly called The Solemn League and Covenant and that the same was in it self an unlawful Oath and imposed upon the Subjects of this Realm against the known Laws and Liberties of the Kingdom EXP. 25. March 1663. as to the Power of the said Commission and Commissioners But None to be chosen any Officer in any Corporation that shall not have taken the Sacrament within a year next before Provided also and Enacted by the Authority aforesaid That from and after the expiration of the said Commissions no person or persons shall for ever hereafter be placed elected or chosen in or to any the Offices or Places aforesaid that shall not have within one year next before such Election or Choice taken the Sacrament of the Lords Supper according to the Rights of the Church of England and that every such person and persons so placed elected or chosen shall likewise take the aforesaid thrée Oaths and subscribe the said Declaration at the same time And shall take the said three Oaths and subscribe the said Declaration when the Oath for the due execution of the said Places and Offices respectively shall be administred And in default hereof every such placing election and choice is hereby Enacted and Declared to be void CAP. II. Vexations and Oppressions by Arrests and of Delayes in Suits of Law prevented WHereas by the Ancient and Fundamental Laws of this Realm The antient fundamental Law in proceeding to arrests upon Suits to express the true cause of Action in the Processe in case where any person is Sued Impleaded or Arrested by any Writ Bill or Process issuing out of any of His Majesties Courts of Records at Westminster in any Common Plea at the Suit of an◠Common person the true cause of Action ought to be set forth and particularly expressed in such Writ Bill or Process whereby the Defendant may have certain knowledge of the cause of the Suit and the Officer who shall execute such Writ Bill or Process may know how to take Security for the Appearance of the Defendant to the same and the sureties for such Appearances may rightly understand for what cause they become engaged And whereas there is a great Complaint of the People of this Realm that for divers years now last past very many of His Majesties good Subjects have béen arrested upon general Writs of Trespass quare clausum fregit Bills of Middlesex Latitat's and other like Writs issued out of the Courts of Kings Bench and Common-Pleas not expressing any particular or certain cause of Action and thereupon kept prisoners for a long time for want of Bail Bonds with Sureties for Appearances having béen demanded in so great sums that few or none have dared to be security for the Appearances of such persons so arrested and imprisoned although in truth there hath béen little or no cause of Action and often times there are no such persons who were named Plaintiffs but those Arrests have béen many times procured by malitious persons to vex and oppress the Defendants or to force from them unreasonable and unjust Compositions for obtaining their Liberty And by such evil practices many men have béen and are daily undone and destroyed in their Estates without possibility of having Reparation The Actors imployed in such practises having béen for the most part poor and lurking persons and their Actings so secret that it hath béen found very difficult to make true discoveries or proof thereof For remedy and prevention of which so great growing evils and mischiefs and also for discouraging all frivolous and uniust Suits and Causeless Arrests for the future Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled and by the Authority of the same That from and after the Twelfth day of February in the year of our Lord Persons arrested by Process out of the Kings Bench or Common Pleas not expressing the cause of Action how to be bailed and set to liberty upon their own Bonds for appearance One thousand six hundred sixty and one no person or persons who shall happen to be arrested by any Sheriff Vnder-sheriff
Commissioners for the accommodation of Countrey Carts returning empty And the said Scavengers Rakers or other Vndertakers shall have liberty to pass through such Wharfs Docks or Yards with their Ashes Dust Dirt c. as shall be judged by the Commissioners to be most commodious for the carrying the same by Water they giving satisfaction to the Owners or Occupiers of such Wharfs or Yards and in case of unreasonable Demands the said Commissioners shall hear moderate and determine the same according to Equity and good Conscience and in case any person or persons shall find him or themselves agrieved or prejudiced by such Determination of the said Commissioners How persons grieved may appeal or by any other the Acts or Procéedings of the said Commissioners wherein he or they shall conceive themselves relievable in Iustice or Equity the said party so agrieved shall and may have recourse in all cases to the Lord Treasurer Chancellor of the Exchequer and Barons of the Court of Exchequer to set forth his or their Case by Petition Bill or Plaint And the said Court is hereby impowred in such case of Appeal to hear and determine all matters to them complained of concerning the same and thereupon to revoke make void alter or confirm such Acts or Procéedings of the said Commissioners as shall be agréeable to Equity and Iustice The Commissioners to be be called to accompt in the Exchequer yearly And the said Court of Exchequer is hereby also further impowred yearly to call the said Commissioners to an account for all Rents Fines Penalties Contributions or any other sum or sums of Money payable or that shall come to their or any of their hands for any of the purposes in this Act intended And the said Commissioners are hereby required at or before every Trinity Term to deliver in a true account before the Barons of the said Court of all their Receipts and Disbursments for the Year ended at Easter then past and in default thereof Process shall of course be made forth against the said Commissioners by the Clerk of the Extracts of the said Court at the Sealing-day for the said Trinity-Term every Year respectively And be it further Enacted by the Authority aforesaid That the Decrée made at a Session of Sewers at Westminster-Hall Westminster within the City of Westminster and County of Middlesex the eighth day of August One thousand six hundred sixty and one holden before John Lord Roberts Lord Privy Seal James Duke of Ormond in the Kingdom of Ireland Lord Steward of his Majesties Houshold and Earl of Brecknock Mountague Earl of Lindsey Edward Earl of Manchester and others the Commissioners of Sewers then and there assembled by Authority of his Majesties Commission of Sewers to them and others directed for the making of two new Sewers and enlarging and amending the old Sewers near Charing-Cross for conveying the Water away from annoying his Majesties Palace at White-Hall be and is hereby ratified and confirmed and shall be put in execution according to the true intent and meaning thereof with full power to levy all the Arrears as by a Commission of Sewers can or may be done And all and every person and persons imployed or that have acted therein be and are hereby indemnified and saved harmless from all manner of Suits and Actions that may or shall be brought against any of them for the same And whereas great quantities of Sea-coal-ashes dust dirt and other filth of late times have béen and daily are thrown into the Stréets Lanes and Allies of the Cities of London and Westminster and Borough of Southwark and other parts adjacent to the great Annoyance of Your Majesties good People Be it therefore Enacted by the Authority aforesaid That all and every person and persons inhabiting within the said Cities of London and Westminster and the Suburbs and Liberties thereof and the Borough of Southwark or in any of the said new built stréets Lanes All streets and lanes to be cleansed every week or Allies shall from the first day of May One thousand six hundred sixty and two swéep and cleanse or cause to be swept and cleansed all the Stréets Lanes Allyes and publick places before their respective Houses Buildings and Walls twice every wéek that is to say on every Wednesday and every Saturday in the wéek and all the soil dirt and other filth shall cause to be taken up into Baskets Tubbs or other Vessels ready for the Raker Scavenger or other Officer appointed for that purpose to carry away The penalties for neglect thereof None to cast any ashes or dust before their houses The penalty upon pain to forfeit thrée shillings and four pence for every offence or neglect respectively And that no person or persons whatsoever shall throw cast or lay or cause permit or suffer to be thrown cast or laid any Sea-coal-ashes dust dirt or other filth or annoyance in any open Street Lane or Alley within the said Cities or places aforesaid before or against his her or their own dwelling Houses Buildings or Walls on the Penalty of five shillings and if before the Houses Buildings or Walls of any of their Neighbours or other the Inhabitants of the Cities or Places aforesaid or before or against any Church or Church-yard or any of his Majesties Houses Buildings or Walls or any other publick Houses Buildings or places whatsoever or shall cast lay or throw or cause to be cast laid or thrown into any common or publick Sink Vault Water-course common Sewer or High-way within the said Cities or places aforesaid or any other private Vault or Sink of any of his Neighbours or other Inhabitants any Ashes Dust Filth Ordure or other noysome thing whatsoever but shall kéep or cause the same to be kept in their respective Houses Back-sides or Yards untill such time as the Raker Scavenger or other Officer thereto appointed of the Ward Parish Stréet or place where they dwell do come by or near their houses or doors with his Cart Barrow or other thing or things used for cleansing the Streets and carrying away thereof and then shall carry or cause to be carried the said Ashes Dust or other Filth and Annoyance aforesaid forth of their houses and deliver it unto the said Raker Scavenger or Officer or otherwise put the same in his Cart Barrow or other thing as aforesaid upon pain to forfeit the sum of twenty shillings for every such Offence And be it further Enacted That the respective Church-Wardens White-Hall Church-yards and houses of Noblemen the House-kéepers of White-Hall and other his Majesties Houses House-kéepers or Porters of Noble-mens houses Vshers Porters or Kéepers of Courts of Iustice and all other Publick Houses and Places respectively shall be lyable to and shall suffer the like Penalties Forfeitures and Punishments for every the before-mentioned Offences or Neglects committed done or suffered to be done before any Church or Church-yard or before any of His Majesties Houses Buildings or
Stréets shall be rated taxed assessed raised and paid by the Parishioners and Inhabitants of every Parish and Precinct respectively within the said City and Liberties thereof according to the ancient Custom and usage of the said City And the Receivers of all such moneyes shall be accomptable as formerly And all new Messuages Tenements and Houses within the limits aforesaid shall be likewise rated taxed and assessed and shall pay proportionably with others And that within the City of Westminster the said Officers shall be chosen and the Rates made and paid according to the ancient Custom of the said City How and when to elect Scavengers And in all other the Parishes and places aforesaid upon every Tuesday or Wednesday in Easter-Wéek the Constables Churchwardens and Overséers for the Poor and Surveyors of the High-wayes of every of the said Parishes and places respectively or the greater number of them giving notice unto or calling together such other Inhabitants of their respective Parishes as have formerly born the like Offices therein they or the greater number of them shall make choice of and shall nominate and appoint two or more able persons that are Tradesmen of their Parish to be Scavengers for the Stréets Lanes and other open Passages of each Ward and Division within the said Parish for the year then next following and untill others be chosen and setled in their Places which persons so chosen and being approved and confirmed under the hands of any two Iustices of Peace within their respective Limits and Iurisdictions shall within seven dayes after their Election and Confirmation and notice thereof take that Office and Duty upon them upon pain to forfeit Twenty pounds by every refuser respectively And in case of refusal by any person or persons so chosen and confirmed then other able persons shall be chosen and confirmed in manner aforesaid within seven dayes after such refusal in the place of him or them which shall so refuse and the person or persons so chosen and confirmed and having notice thereof shall undergo the like pain in case of refusal or not taking the said Office and Duty upon him or them within seven dayes after he or they shall be chosen and confirmed and have notice thereof as aforesaid The said Penalties to be disposed and employed for or towards the mending and repairing of the Stréets and Wayes of the same Parish Ward or Division and to be levyed by Distress and Sale of the Goods and Chattels of the Offender by Warrant under the hand and seal of any Iustice of the Peace of any of the places aforesaid to be directed to the Constables or other Officers of the same Parish or any two or more of them rendring the surplusage to the party and in default of distress or not payment within six dayes after demand thereof or notice left in writing at the house or dwelling place of the offender by the said Constables or officers the said offender to be committed to the Goal of the said County or City respectively by the Warrant of any such Iustice under his hand and seal there to remain without Bail or Mainprize untill payment And be it further Enacted by the Authority aforesaid That within twenty dayes after the Election and Confirmation of the said Scavengers as aforesaid the Constables Churchwardens and Overseers for the Poor and of the High-wayes of the said Parishes and places respectively or the greater number of them giving notice unto or calling together such Inhabitants of their respective Parishes as have formerly born the like office therein They or the greater number of them then present shall make and settle a Tax Rate or Assessment Taxes and Assesments to be made yearly by a Pound-rate according to a Pound-rate to be imposed or set upon the Inhabitants of the said Parish Ward or Division for the year following for the purposes aforesaid which being allowed and confirmed by any two of the Iustices of the Peace of the places aforesaid respectively shall be quarterly paid by every respective Inhabitant upon demand made thereof by the Beadle of the Parish or other officer appointed to gather and collect the same And in case of refusal or neglect shall by Warrant of any two such Iustices of the Peace under their hands and seals be levied by distress and sale of the offenders goods and for want of distress by imprisonment of the offender he not being a Peer of this Realm untill payment as aforesaid Provided alwayes and be it Enacted by the Authority aforesaid Actions brought against any Commissioner or Officer imployed by this Act the Defendant may plead the General issue That if any Action or Suit shall be brought or prosecuted by any person or persons against any Iudg Commissioner Iustice of the Peace Constable or other Officer or Minister aforesaid or against any person or persons imployed by them or any of them or authorized by this Act to do or perform as by this Act is directed for any matter cause or thing by them or any of them done committed or executed by vertue or reason of this Act or any Clause or Article therein contained that then in every such case the Action shall be laid in the proper County where the fact was done and not elsewhere and the Defendant or Defendants may plead the General Issue And give the special matter in Evidence and give the special Matter in Evidence at the Tryal That the same was done in pursuance and by Authority of this Act And if upon Examination it shall so appear to be done the Iury shall find for the Defendant and in such case or if the Plaintiff shall be Nonsuit or discontinue his Action after the Defendant hath appeared the Defendant shall have and recover his or their double costs which he or they shall sustain or be put unto by reason of his or their wrongful vexation in defence of the said Action or Suit And whereas the several Stréets and Passages hereafter mentioned that is to say The Stréet or Passage at or near the Stocks in London The enlargement of Passage in narrow and incommodious streets the Stréet and Passage from Fleet-Conduit to St. Pauls Church in London the Passage through the White-Hart-Inn from the Strand into Covent-Garden the Stréet and Passage by and near Exeter-House and the Savoy being obstructed by a Rail and the unevenness of the ground thereabouts the Passage and Stréet of St. Martins-Lane out of the Strand the Passage or Stréet of Field-Lane commonly called Jack-an-apes-lane going betwéen Chancery-Lane and Lincolns-Inn-Fields the Passage and Gate-house of Cheap-Side into St. Pauls Church-yard the Passage against St. Dunstans Church in the West being obstructed by a Wall the Street and Passage by and near the West-end of the Poultrey in London and the Passage at Temple-Bar are so narrow that they are incommodious to Coaches Carts and Passengers and prejudicial to Commerce and Trading The Lord Mayor of London
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
seisure as aforesaid he or they shall forfeit for every such offence the sum of Twenty pounds for the uses and to be recovered as aforesaid And if any of the said Artificers and Dealers in cutting of Leather do refuse to be present with the said Searchers whensoever the same shall be desired by the said Master and Wardens of the Company of the Curriers or such persons thereto assigned by them as aforesaid then for every such default the persons so refusing shall forfeit the sum of Ten pounds for the uses and to be recovered as aforesaid CAP. VIII An Act for Distribution of Threescore thousand pounds amongst the truly Loyal and Indigent Commission-Officers and for Assessing of Offices and Distributing Moneys thereby raised for their further Supply EXP. CAP. IX For Relief of Poor and Maimed Officers and Souldiers who have faithfully served His Majesty and His Royal Father in the late Wars FOrasmuch as divers of His Majesties Loyal and Faithful Subjects who out of the sense of their Duty and Allegiance to his Majesties Royal Father of ever Blessed and Glorious Memory and to His Majestie that now is have during the late Wars wherein they have béen Imployed both by Sea and Land as Officers Souldiers and Mariners in the said Service exposed themselves to the utmost hazard of their Lives loss of their Limbs and utter ruine of their Fortunes and for whose Subsistence and Relief there is not yet any competent Provision made Nor for the Relief of the Widows and Orphans of such as have died or béen slain in the said Service And to the end that such as have béen eminent for their Loyalty and Sufferings The inducement and ground of this Act. in so good and just a Cause as the Defence of His Majesties Royal Person and Government may not passe without some Mark of Favour or Reward to be set upon them And that others may thereby receive all due Encouragement for the time to come to continue Loyal and Faithful to His Majesties Service according to their bounden Duty Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by Authority of the same That from the First day of this present Parliament every Parish within this Realm of England and Dominion of Wales and Town of Berwick upon Tweed shall be charged wéekly to the payment of such sum of Money as formerly they have béen rated by vertue of a Statute made in the Forty third year of Quéen Elizabeth Chapter the third 43 El. cap. 3. concerning the Relief of Mariners and Souldiers for and to such end and purpose How Parishes may be charged assessed and levied And likewise such further sum of Money over and besides the same as by His Majesties Iustices of the Peace in their next Quarter-Sessions to be held after the Feast of Easter next ensuing or the major part of them or at any other Quarter-Sessions to be hereafter by them held shall be adjudged méet to be Assessed upon every Parish or Chappelry that hath distinct Parochial Officers so as the said additional sum excéed not the sum of Two shillings and six pence nor be under the sum of Thrée pence each wéek for each such Parish or Chappelry the same to be levied in manner and form by such persons and under such penalties as by the said Statute of Quéen Elizabeth is Enacted and Declared And to be paid to the Treasurers for the Maimed Souldiers Treasurer for Maimed Souldiers appointed by the Iustices of the County or Liberty by vertue of this Act and the Statute of Quéen Elizabeth aforesaid Which said Treasurers shall be ordered to issue out and account for the same in such manner and under such penalties as by the said Statute is further Enacted and Declared And be it further Enacted by the Authority aforesaid â—fficers â—â—â—ldiers or â—â—â—triners Maimed or indigent how to be relieved That every Officer Souldier or Mariner maimed indigent aged or disabled in body for work in the Service of His said late Majesty or His Majesty that now is during the late Wars or which are so Impoverished by their Sufferings under any of the late Vsurped Powers as that they are destitute of any competent Subsistence or Livelihood and have continued Faithful to his Trust and not deserted the same by taking up Arms against His said late Majesty or His Majesty that now is or otherwise shall forthwith repair to the place where he was last setled before he took up Arms with a Certificate of his Service and hurts received under the hand of his Captain or other Commissionated Officer And shall also repair unto the two next Iustices of the Peace in the County where such his Setling was And the said two Iustices upon the Examination of the Truth of such Certificate which the said two Iustices are hereby impowred to take upon Oath of the party and of such Witnesses as he shall produce shall by Warrant unto the Treasurer assign him Relief until the next Quarter-Sessions to be holden for that County or Liberty at which time a yearly Pension shall be by the said Iustices or the major part of them granted in Manner and Form and with Power of Revocation or Alteration as by the said Statute is further declared and directed And in case that the Captain or Officer appointed to make such Certificate be dead the said two Iustices shall have Power upon Request made to them in behalf of the party maimed or aged indigent or disabled as aforesaid by Persons of Credit to give such Relief as in case of Examination as aforesaid Widowes and Orphans of Souldiers And as touching the Widows and Orphans of such as have died or suffered death in the said Service It is hereby further Enacted by the Authority aforesaid That over and besides such Relief as they shall gain by their Work and Labour and shall be allowed by the Charity and Benevolence of the Parish Town or Hamlet where they are setled who are hereby required to have them in special regard the Treasurers for the Maimed Souldiers for such County shall allow such further Relief from time to time as shall be adjudged méet by the two next Iustices of the Peace of such County And the said Relief shall be paid out of the Surplusage of such Stock of Maintenance as shall remain in the hands of the said Treasurers after such Pensions and payment of them made and of which Surplusage and Allowance made unto such Widows and Orphans the said Treasurers shall give account from time to time and the same distribute in such manner as by the Iustices shall be directed and according to the Statute aforesaid Treasurers High-Constables c. to be called to Accompt for Moneys received And be it further Enacted by the Authority aforesaid That the Iustices of Peace in every County or Liberty or any
build Cottages and the most Woods for them to burn and destroy and when they have consumed it then to another Parish and at last become Rogues and Vagabonds to the great discouragement of Parishes to provide Stocks where it is liable to be devoured by strangers Be it therefore Enacted by the Authority aforesaid That it shall and may be lawful How to be setled coming to any Tenement under ten pounds yearly value upon complaint made by the Church-wardens or Overseers of the poor of any Parish to any Iustice of Peace within Forty dayes after any such person or persons coming so to settle as aforesaid in any Tenement under the yearly value of Ten pounds for any two Iustices of the Peace whereof one to be of the Quorum of the Division where any person or persons that are likely to be chargeable to the Parish shall come to inhabit by their Warrant to remove and convey such person or persons to such Parish where he or they were last legally setled either as a native Housholder Sojourner Apprentice or Servant for the space of forty dayes at the least unless he or they give sufficient security for the discharge of the said Parish to be allowed by the said Iustices Persons grieved may appeal to the Quarter Sessions Provided alwayes That all such persons who think themselves agrieved by any such Iudgement of the said two Iustices may appeal to the Iustices of the Peace of the said County at their next Quarter-Sessions who are hereby required to do them justice according to the merits of their Cause Persons going to work in harvest Provided also That this Act notwithstanding it shall and may be lawfull for any person or persons to go into any County Parish or place to work in time of Harvest or at any time to work at any other work so that he or they carry with him or them a Certificate from the Minister of the parish and one of the Churchwardens and one of the Overséers for the poor for the said year that he or they have a dwelling house or place in which he or they inhabit and hath left wife and children or some of them there or otherwise as the condition of the person shall require and is declared an Inhabitant or Inhabitants there And in such case if the person or persons shall not return to the place aforesaid when his or their work is finished or shall fall sick or impotent whilst he or they are in the said work it shall not be accounted a Settlement in the cases abovesaid but that it shall and may be lawful for two Iustices of the Peace to convey the said person or persons to the place of his or their habitation as aforesaid under the pains and penalties in this Act prescribed And if such person or persons shall refuse to go or shall not remain in such parish where they ought to be setled as aforesaid but shall return of his own accord to the parish from whence he was removed it shall and may be lawful for any Iustice of the Peace of the City County or Town-Corporate where the said Offence shall be committed to send such person or persons offending to the House of Correction there to be punished as a Vagabond or to a publick Work-house in this present Act hereafter mentioned there to be imployed in work or labour And if the Church-wardens and Overséers of the Poor of the Parish to which he or they shall be removed refuse to receive such person or persons and to provide work for them as other Inhabitants of the Parish any Iustice of Peace of that Division may and shall thereupon bind any such Officer or Officers in whom there shall be default to the Assizes or Sessions there to be Indicted for his or their Contempt in that behalf And for the further redress of the mischiefs intended to be hereby remedied Corporations or work houses in the Cities of London and Westminster Middlesex Surrey Be it Enacted by the Authority aforesaid That from thenceforth there be and shall be one or more Corporation or Corporations Work-house or Work-houses within the Cities of London and Westminster and within the Burroughs Towns and places of the County of Middlesex and Surrey scituate lying and being within the Parishes mentioned in the Wéekly Bills of Mortality consisting of a President a Deputy to the President and a Treasurer And that the Lord Mayor of the City of London for the time being be President of the Corporation or Corporations Work-house or Work-houses within the said City and the Assistants to be the Aldermen of the said City of London for the time being and fifty two other Citizens to be chosen by the Common-Council of the said City And that the said President and Assistants or the major part of them shall and may elect a Deputy-President and Treasurer and all other necessary Officers hereby constituted and authorized to execute the powers and Offices by this Act appointed And that upon the vacancy by death or otherwise of any Assistant the power to elect in their rooms be in the said Common-Council and the Election of the Deputy-President or Treasurer and all other Officers in the said President and major part of the Assistants as aforesaid And that a President a Deputy-President a Treasurer and Assistants be nominated and appointed by the Lord Chancellor or Lord Kéeper of the Great Seal of England for the time being out of the most fit persons inhabiting in the City of Westminster or the Liberties thereof for the Corporation or Corporations Work-house or Work-houses within the same And for the said places within the Wéekly Bills of Mortality in the said Counties of Middlesex and Surrey respectively President Deputy-president Treasurer and Assistants for Middlesex Surrey how to be elected there shall be elected and chosen by the major part of the Iustices of the Peace for the said Counties in their respective Quarter-Sessions assembled out of the most able and honest Inhabitants and Fréeholders of every of the said Counties of Middlesex and Surrey respectively a President a Deputy-President a Treasurer and Assistants for the Corporation or Corporations Work-house or Work-houses of the places aforesaid in Middlesex and Surrey And that upon the vacancy by death or otherwise of any of the Presidents Deputy-Presidents Treasurers or Assistants in the City of Westminster and places aforesaid in Middlesex and Surrey City of Westminster the power to elect others in their rooms be in the major part of the respective Iustices of Peace who in their General Quarter-Sessions from time to time shall accordingly supply such vacant places And that at every Quarter-Sessions they shall require and take an account in writing of all the Receipts Charges and Disbursements of the Officers and Treasurer of such Corporation or Corporations Work-house or Work-houses how many Poor people have béen imployed and set to work in the year last past and what stock there was
or persons which he hath forfeited by the Statute aforesaid made in the nine and thirtieth year of the Quéen And whereas Constables Headboroughs or Tithingmen are or may be at great charge in relieving conveying with Passes and in carrying Rogues Vagabonds and sturdy Beggars to Houses of Correction or the Work-houses herein mentioned and as yet have no power by Law to make Rates to reimburse themselves Be it therefore Enacted by the Authority aforesaid That all Constables Headboroughs and Tithingmen so out of purse as aforesaid together with the Church-wardens and Overséers of the poor and other Inhabitants of the said Parish shall hereby have power and Authority to make an indifferent Rate Power to make rates and to tax all the Occupiers of Lands and Inhabitants and all other persons chargeable by the Statute of the thrée and fortieth of Elizabeth concerning the Office and Duty of Overséers for the poor within the said Parish which Rate being confirmed under the hands and Seals of any two Iustices of Peace 43 El. cap. 2. as aforesaid the said Constable Headborough or Tithingmen shall have power by Warrant under the hands and Seals of two Iustices of Peace to levy by distress and sale of the goods of any person or persons refusing to pay the same rendring the overplus to the Owner if any shall be Putative fathers of Bastard-children running away how to be proceeded against And whereas the putative Fathers and lewd Mothers of Bastard-Children run away out of the Parish and somtimes out of the County and leave the said Bastard children upon the charge of the Parish where they are born although such putative Father and Mother have Estates sufficient to discharge such Parish Be it therefore Enacted by the Authority aforesaid That it shall and may be lawful for the Church-wardens and Overséers for the poor of such Parish where any Bastard-Child shall be born to take and seise so much of the Goods and Chattels and to receive so much of the Annual Rents or profits of the Lands of such putative father or lewd mother as shall be ordered by any two Iustices of Peace as aforesaid for or towards the discharge of the Parish to be confirmed at the Sessions for the bringing up and providing for such Bastard-Child And thereupon it shall be lawful for the Sessions to make an Order for the Church-wardens or Overséers for the poor of such Parish to dispose of the goods by Sale or otherwise or so much of them for the purposes aforesaid as the Court shall think fit and to receive the rents and profits or so much of them as shall be ordered by the Sessions as aforesaid of his or her Lands Persons sued for matters in this Act may plead the General Issue And if any person or persons shall be sued for any matter or thing which he shall do in execution of this Act he may plead the General Issue and give the special matter in Evidence And if the Verdict shall pass for the Defendant or if the Plaintiff be Nonsuited or Discontinue his Suit the Defendant shall recover treble Damages Lancashire Cheshire Derbyshire Yorkshire Durham Cumberland Westmerland 43 El. cap. 2. Whereas the Inhabitants of the Counties of Lancashire Cheshire Derbyshire Yorkshire Northumberland the Bishoprick of Durham Cumberland and Westmerland and many other Counties in England and Wales by reason of the largeness of the Parishes within the same have not nor cannot reap the benefit of the Act of Parliament made in the thrée and fortieth year of the Reign of the late Quéen Elizabeth for relief of the poor Therefore be it Enacted by the Authority aforesaid That all and every the poor néedy impotent and lame person and persons within every Township or Village within the several Counties aforesaid shall from and after the passing of this Act be maintained kept provided for and set on work within the several and respective Township and Village wherein he she or they shall inhabit or wherein he she or they was or were last lawfully setled according to the intent and meaning of this Act and that there shall be yearly chosen and appointed according to the rules and directions in the said Act of the thrée and fortieth year of Quéen Elizabeth mentioned two or more Overséers of the poor within every of the said Townships or Villages who shall from time to time do perform and execute all and every the Acts powers and authorities for the necessary relief of the poor within the said Township or Village and shall lose forfeit and suffer all such pains and penalties for non-performance thereof as is limited mentioned and appointed in and by the said in-part-recited Act. And be it further Enacted by the Authority aforesaid That the Iustices of Peace within the said Counties shall have and enjoy such and the like powers and authorities to raise and levy moneys and to do and execute all and every such other Act and thing whatsoever within every Township or Village within the said County where they are Iustices as is given limited and appointed unto and for them to do and execute within any Parish or Parishes in and by the said Act made in the said thrée and fortieth year of the said late Quéen Elizabeth under such and the like pains and penalties for the non-performance of their Duties to be levyed and disposed of as is nominated and expressed in the said Act. Power of the Iustices to transport rogues and vagabonds Provided alwayes and be it Enacted by the Authority aforesaid That it shall and may be lawfull for the Iustices of Peace in any of the Counties of England and Wales in their Quarter-Sessions Assembled or the major part of them to Transport or cause to be Transported such Rogues Vagabonds and sturdy Beggars as shall be duly convicted and adjudged to be incorrigible to any of the English plantations beyond the Seas Proviso for the Dean and chapter of Westminster Provided also That neither this Act nor any thing therein contained shall extend to be or be construed expounded or taken to the prejudice or infringement of any the franchises rights liberties or priviledges heretofore granted by the Kings and Quéens of this Realm his Majesties Royal Predecessors to the Dean and Chapter of the Collegiate Church of St. Peter in Westminster The continuance of divers parts of this Act. Provided always That this Act as to all the matters therein contained excepting what relates unto the Corporations mentioned and constituted thereby shall extend and be in force untill the nine and twentieth day of May One thousand six hundred sixty five and the end of the first Session of the next Parliament then next ensuing and no longer CAP. XIII Importation of Forreign Bonelace Cut-work Imbroidery Fringe Band-strings Buttons and Needle-work prohibited VVHereas great numbers of the Inhabitants of this Kingdom are imployed in the making of Bonelace Band-strings Buttons Néedlework Fringe and Imbroideries who
his Majesties Exchequer before the four and twentieth of June one thousand six hundred sixty and two and have or shall have notice thereof by Process out of the Court of Exchequer or otherwise served upon his person or left at his house or last known place of Habitation before the nine and twentieth of September one thousand six hundred sixty and two and shall not before the first day of Easter Term then next ensuing perfect their Accounts touching the said Charge that then the Charge against all and every such person or persons shall be taken as a Debt by Writing Obligatory or Recognizance taken and acknowledged to the Kings Majesty according to the Statute aforesaid and that in both the said Cases Process shall be awarded as is used for recovery of debts due to his Majesty according to the Statute as aforesaid against him or them and against all and every their Sureties not pardoned or discharged by the said Act of Oblivion and his and their respective Lands Tenements Goods and Chattels and Debts and the said Charge to continue in force only until the Accounts shall be perfected and the Accountants discharge them thereof in due manner in the said Court of Exchequer with such allowances as are given by the said Act of Oblivion and untill payment made unto his Majesty of all such sums of money as shall be found due upon the determination of his or their Accounts CAP. XVII Relief of Collectors of Publick Moneys and their Assistants and Deputies BE it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in Parliament now assembled and by Authority of the same Collectors others imployed in levying money by vertue of any Act of Parliament being sued may plead the general issue That all Collectors and other Persons who have levied or Collected or shall Levy or Collect any sum or sums of money or other act done or shall do in order to the same by vertue of any Act of Parliament now in force or of any other Act Order or Ordinance allowed to be put in Execution by any such Act of Parliament as aforesaid and who is or shall be sued for or concerning the same by any other then the Kings Majesty his Heirs and Successors he and they may plead the General Issue and thereon give the special matter in evidence for his excuse and justification And that all and every person or persons already sued or impleaded for any the Causes aforesaid may notwithstanding any plea or demurrer already made by any such Defendant have liberty to change such his Plea and to plead the General Issue if he shall think fit so to do Provided always that neither this Act nor any thing therein contained shall extend or be construed to extend to authorize the levying or collecting of any sum or sums of money which are pardoned by the late Act 12 Car. 2. c. 11 Entituled An Act of Free and General Pardon Indempnity and Oblivion CAP. XVIII Exporting of Sheep Wool Wool-fells Mortlings Shorlings Yarn made of Wool Wool-flocks Fullers-Earth Fulling-Clay and Tobacco-pipe-Clay Prohibited WHereas against the Laws of this Kingdom great number of Shéep and great quantities of Wooll Wool-fels Mortlings Shorlings Yarn made of Wool Wool-flocks Fullers Earth or Fulling-Clay are secretly Exported Transported carried and conveyed out of the Kingdom of England Dominion of Wales the Town of Berwick upon Tweed and Kingdom of Ireland into the Kingdom of Scotland and into Foreign parts to the great decay of the Woollen Manufactures the ruine of many Families and the destruction of the Navigation and Commerce of the Kingdoms Town and Dominion aforesaid which is like daily to increase if some further remedy be not provided and further penalties imposed upon the Offenders therein Be it therefore Enacted by the Kings most Excellent Majesty by and with the Advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same That if any person or persons shall from and after the first day of August Exporting or carrying of sheep wooll woolfels mortlings shorlings yarn woolflocks Fullers earth Fulling clay out of England Wales or Ireland One thousand six hundred sixty and two directly or indirectly Export Transport Carry or Convey or shall cause to be Exported Transported Carryed or Conveyed out of or from the Kingdom of England Dominion of Wales or Town of Berwick upon Tweed or after the first day of January One thousand six hundred sixty and two out of the Kingdom of Ireland into any parts or places out of the Kingdoms or Dominion aforesaid or into the Kingdome of Scotland any Shéep or Wool whatsoever of the bréed or growth of the Kingdoms or Dominion aforesaid or any Wool-fells Mortlings Shorlings Yarn made of Wool Wool-flocks or any Fullers Earth or Fulling-Clay whatsoever or shall directly or indirectly pack or load or cause to be packed or loaden upon any horse Cart or other Carriage or shall load or lay on board or cause to be loaden or laid on board in any Ship or other Vessel in any place within the Kingdoms of England or Ireland Dominion of Wales or Town of Berwick upon Tweed aforesaid any such Shéep Wooll Wool-fels Mortlings Shorlings Yarn made of Wooll Wool-flocks Fullers Earth or Fulling Clay to the intent or purpose to Export Transport Carry or convey the same or to cause the same to be Exported Transported Carryed or conveyed out of the Kingdoms of England or Ireland the Dominion of Wales or Town of Berwick upon Tweed aforesaid into the Kingdom of Scotland or into any Foreign parts that then every such offence shall be adjudged Felony Made Felony and the Offender or Offenders being duly Convicted shall suffer and forfeit as in case of Felony Aiders and assisters therein shall be adjudged Felons And be it further Enacted by the Authority aforesaid That every Owner of any such Ship or other Vessel every owner of every horse Cart or Carriage upon which any Shéep Wooll Wool-fels Mortlings Shorlings Yarn made of Wool Woolflocks Fullers Earth or Fulling Clay shall be so Exported Transported carryed or conveyed as aforesaid or to any such intent or purpose as aforesaid knowing thereof and being wittingly and willingly aiding assisting or consenting thereunto and also every Master and Mariner of or in such Ship or other Vessel wherein any such Shéep Wooll Wool-fels Mortlings Shorlings Yarn made of Wooll Woolflocks Fullers Earth or Fulling Clay shall be so exported transported carryed or conveyed or loaden or laid on Board as aforesaid to any such intent or purpose as aforesaid knowing thereof and being wittingly and willingly aiding assisting or consenting thereunto and also every Factor or servant or other person whatsoever and every Customer Comptroller Waiter Searcher Surveyor or other Officer or person whatsoever knowing thereof and being wittingly or willingly
respective shores upon the penalty of forfeiture of the said Nets so imployed or the full value thereof and one moneths Imprisonment without Bail or Mainprize Pilchards and Fumathoes to be bought of the Owners and Adventurers in Fishing And it is hereby Enacted by the Authority aforesaid That if any person or persons being neither Owners Partners or Adventurers in the Craft of Fishery and in the Boats and Saynes thereunto belonging or shall presume from and after the day before limited to make or cause to be made any Pilchards or Fumathoes in Cask to be Sold or Transported except he or they shall openly buy the aforesaid Fish of the respective Owners Partners and Adventurers in the said Pilchard Craft or with their express allowance leave and consent that they shall in such case forfeit all and singular such Pilchards and Fumathoes so made and every Cask thereof or their full value the one half to the King and the other half to him or them that shall so sue for the same by Bill Plaint or other Information and upon Legal proof recover the same And be it further Enacted That if any Owner Partner or Company or any other person or persons whatsoever shall fraudulently purloyn imbezel hide convey carry away or dispose by sale or otherwise or cause to be purloyned imbezelled hidden conveyed carried away or disposed out of the Nets Boats or Cellars any Pilchard Fish without the express leave consent and allowance of the proper Owner and major part of the Company respectively that then every such person and persons that shall offend therein upon legal evidence shall pay treble the value in satisfaction to the parties so wronged and be sent to the House of Correction for thrée moneths And be it further Enacted by the Authority aforesaid Idle and suspicious flocking about Pilchard Boats to depart upon warning That if any idle or suspicious person or persons shall in the night assemble and flock together about the Boats Nets or Sellars belonging to any Pilchard-Craft upon any the Coasts of Cornwal or Devon having no business there to do and being warned by the Company or Owner of such Boats or Sellars to be gone that then upon complaint made unto any one Iustice of the Peace every such person or persons refusing so to do shall pay Five shillings to the poor of the Parish where such offence was committed or shall be set in the Stocks for the space of Five hours CAP. XXIX An Act for the Reversing of the Earl of Strafford his Attainder WHereas Thomas late Earl of Strafford was Impeached of High Treason The Reasons and Grounds of Repealing the Attainder upon pretence of endeavouring to Subvert the Fundamental Laws and called to a publick and solemn Arraignment and Trial before the Péers in Parliament where he made a particular Defence to every Article objected against him insomuch that the Turbulent party then séeing no hopes to effect their unjust designs by any ordinary way and method of procéedings did at last resolve to attempt the destruction and Attainder of the said Earl by an Act of Parliament to be therefore purposely made to Condemn him upon accumulative Treason none of the pretended Crimes being Treason apart and so could not be in the whole if they had béen proved as they were not and also adjudged him guilty of constructive Treason that is of levying War against the King though it was onely the commanding an Order of the Council-Board in Ireland to be executed by a Serjeant at Arms and Thrée or Four Souldiers which was the constant practice of the Deputies there for a long time To which end they having first presented a Bill for this intent to the House of Commons and finding there more opposition then they expected they caused a multitude of Tumultuous persons to come down to Westminster Armed with Swords and Staves and to fill both the Palace-Yards and all the Approaches to both Houses of Parliament with fury and clamour and to require Iustice spéedy Iustice against the Earl of Strafford And having by these and other undue practices obtained that Bill to pass in the House of Commons they caused the Names of those resolute Gentlemen who in a case of innocent blood had fréely discharged their consciences being Nine and fifty to be posted up in several places about the Cities of London and Westminster and stiled them Straffordians and Enemies to their Countrey hoping thereby to deliver them up to the fury of the people whom they had endeavoured to incense against them and then procured the said Bill to be sent up to the House of Péers where it having sometime rested under great deliberation at last in a time when a great part of the Péers were absent by reason of the Tumults and many of those who were present protested against it the said Bill passed in the House of Péers And at length his late Majesty King Charles the First of Glorious memory granted a Commission for giving his Royal assent thereunto which nevertheless was done by his said Majesty with excéeding great sorrow then and ever remembred by him with unexpressible grief of heart and out of His Majesties great Piety he did pulickly express it when his own Sacred life was taken away by the most detestable Traitours that ever were For all which causes Be it Declared and Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled That the Act Entituled An Act for the Attainder of Thomas Earl of Strafford of High Treason and all and every Clause Article and thing therein contained being obtained as aforesaid is now hereby repealed revoked and reversed And to the end that right be done to the memory of the deceased Earl of Strafford aforesaid Be it further Enacted That all Records and procéedings of Parliament relating to the said Attainder be wholly cancelled and taken off the File or otherwise defaced and obliterated to the intent the same may not be visible in after-ages or brought into example to the prejudice of any person whatsoever Provided That this Act shall not extend to the future questioning of any person or persons however concerned in this business or who had any hand in the Tumults or disorderly procuring the Act aforesaid Any thing herein contained to the contrary thereof notwithstanding CAP. XXX Madder shall be Imported pure and unmixed REP. 15 Car. 2. cap. 16. CAP. XXXI The Inconvenience by Melting the Silver Coyn of this Realm prevented 9 E. 3. cap. 3. WHereas by an Act made in the Ninth year of King Edward the Third it is Enacted That no sterling Half-peny or Farthing shall be moulten to make Vessel or any other thing by Goldsmiths or any other upon pain of forfeiture of the moneys so moulten 17 R. 2. cap. 1. Whereas by one other Statute made in the Seventéenth year of King Richard the Second
herein contained The eights and duties of Aulnage saved shall extend or be construed to extend to take away any of the Rights Duties or Customs of or belonging to the Office and Place of his Majesties Aulnager or his Deputy or Deputies within the said West-Riding But that he or they shall or may from time to time do and perform all and every matter and thing to him or them belonging according to the Laws and Statutes of this Realm And also receive all Fées due and accustomed to the said Office belonging in as large and ample manner as he or they might or ought to have done before the making of this present Act Any thing herein contained to the contrary thereof in any wise notwithstanding Provided always and it is further Enacted by the Authority aforesaid That neither the said Supervisers Masters Wardens and Assistants nor any of them Proviso that Rates of wages of workmen may not be set by colour of this Act. nor any other person or persons frée of the said Corporation of Broad Woollen Clothiers shall by any Authority derived from this Act or by colour thereof set or impose any other or lesser Rates or Wages upon any inferiour Workmen Servants or Labourers to be imployed by them or any of them in the said Manufacture then such as shall be from time to time allowed and approved of by the Iustices of the Peace in their Quarter-Sessions according to the Laws and Statutes touching Labourers in that case made and provided Provided also That this Act continue to the end of the First Session of the next Parliament The Continuance of this Act. and no longer CAP. XXXIII For preventing Abuses in Printing Seditious Treasonable and Unlicensed Books and Pamphlets and for Regulating of Printing and Printing-Presses WHereas the well-government and Regulating of Printers and Printing-Presses is matter of Publick care and of great Concernment especially considering Regulating of Printing of great Concirnment that by the general Licentiousness of the late Times many evil-disposed persons have béen encouraged to Print and Sell Heretical Schismatical Blasphemous Seditious and Treasonable Books Pamphlets and Papers and still do continue such their unlawful and exorbitant practice to the high dishonour of Almighty God the endangering the peace of these Kingdoms and raising a disaffection to His most Excellent Majesty and His Government For prevention whereof no surer means can be advised then by reducing and limiting the number of Printing-Presses and by ordering and setling the said Art or Mystery of Printing by Act of Parliament in manner as herein after is expressed The Kings most Excellent Majesty by and with the Consent and Advice of the Lords Spiritual and Temporal and Commons in this present Parliament assembled Pamphlets and Books prohibited to be printed published or sold doth therefore Ordain and Enact and be it Ordained and Enacted by the Authority aforesaid That no person or persons whatsover shall presume to Print or cause to be Printed either within this Realm of England or any other His Majesties Dominions or in the parts beyond the Seas any Heretical Seditious Schismatical or offensive Books or Pamphlets wherein any Doctrine or Opinion shall be asserted or maintained which is contrary to Christian Faith or the Doctrine or Discipline of the Church of England or which shall or may tend or be to the scandal of Religion or the Church or the Government or Governors of the Church State or Common-wealth or of any Corporation or particular person or persons whatsoever nor shall Import Publish Sell or dispose any such Book or Books or Pamphlets nor shall cause or procure any such to be Published or put to Sale or to be bound Stitched or Sewed together And be it further Ordained and Enacted by the Authority aforesaid That no private person or persons whatsoever shall at any time hereafter Print or cause to be Printed any Book or Pamphlet whatsoever unless the same Book and Pamphlet together with all and every the Titles Epistles Prefaces Proems Preambles Introductions Tables Dedications and other matters and things thereunto annexed Entry of printed Books with the Register of the Company of Stationers London be first Entred in the Book of the Register of the Company of Stationers of London Except Acts of Parliament Proclamations and such other Books and Papers as shall be appointed to be Printed by vertue of any Warrant under the Kings Majesties Sign Manual or under the hand of one or both of His Majesties Principal Secretaries of State and unless the same Book and Pamphlet and also all and every the said Titles Epistles Prefaces Proems Preambles Introductions Tables Dedications and other matters and things whatsoever thereunto annexed or therewith to be Imprinted shall be first lawfully Licensed and Authorized to be Printed by such person and persons only as shall be constituted and appointed to License the same according to the direction and true meaning of this present Act herein after expressed Who may Licence Books concerning the Common Laws to be-Printed and by no other that is to say That all Books concerning the Common Laws of this Realm shall be Printed by the special allowance of the Lord Chancellor or Lord Kéeper of the Great Seal of England for the time being the Lords Chief Iustices and Lord Chief Baron for the time being or one or more of them or by their or one or more of their appointments And that all Books of History concerning the State of this Realm or other Books concerning any Affairs of State Books of History and Affairs of State Concerning Heraldry shall be Licensed by the Principal Secretaries of State for the time being or one of them or by their or one of their appointments And that all Books to be Imprinted concerning Heraldry Titles of Honour and Armes or otherwise concerning the Office of Earl Marshal shall be Licensed by the Earl Marshal for the time being or by his appointment or in case there shall not then be an Earl Marshal shall be Licensed by the Thrée Kings of Armes Garter Clarencieux and Norroy or any two of them whereof Garter Principal King of Armes to be one Divinity Physick Philosophy or other Science And that all other Books to be Imprinted or Reprinted whether of Divinity Physick Philosophy or whatsoever other Science or Art shall be first Licensed and allowed by the Lord Archbishop of Canterbury and Lord Bishop of London for the time being or one of them or by their or one of their appointments or by either one of the Chancellors or Vice-Chancellors of either of the Vniversities of this Realm for the time being Provided always that the said Chancellors or Vice-Chancellors of either of the said Vniversities shall onely License such Books as are to be Imprinted or Reprinted within the limits of the said Vniversities respectively but not in London or elsewhere not medling either with Books of the Common Laws or matters of State or
part of any Book or Books Form or Forms without the like consent upon pain of loss and forfeiture of the same The Penalty and of being procéeded against as an Offender against this present Act and upon the further penalty and forfeiture of Six shillings eight pence for every such Book or Books or part of such Book or Books Copy or Copies or Form or Forms of any such blank Bills or Indentures so Imprinted or Imported bound Stitched or put to Sale The Moiety of which said forfeiture and forfeitures shall be to the use of our Soveraign Lord the King His Heirs and Successors and the other Moyety to the use of the Owner or Owners Proprietors of such Copy or Copies Book or Books or Form of such blank Bills or Indentures if he or they shall sue for the same within Six moneths next after such Imprinting Importing Binding Stitching or putting to Sale And in default of such Suit by the Owner or Owners Proprietor or Proprietors commenced within the said Six moneths Then the same Moiety shall be to the use and behoof of such other person or persons as within the space of one year next after the said Offence committed shall sue for the same to be recovered by Action of Debt Bill Plaint or Information in any of His Majesties Courts of Record held at Westminster called the Kings Bench Common-Pleas or Exchequer wherein no Essoign Wager of Law or Protection shall be allowed to the Defendant or Defendants And be it further Enacted and Declared Printers of Books c. shall put to their Names That every person and persons that shall hereafter Print or cause to be Printed any Book Ballad Chart Pourtraiture or any other thing or things whatsoever shall thereunto or thereon Print and set his or their own Name or Names and also shall declare the Name of the Author thereof if he be thereunto required by the Licenser under whole Approbation the Licensing of the said Book Ballad Chart or Pourtraiture shall be Authorized and by and for whom any such Book or other thing is or shall be Printed upon pain of Forfeiture of all such Books Ballads Charts Penalty Pourtraitures and other thing or things Printed contrary to the Tenor hereof And the Presses Letters and other Instruments for Printing wherewith such Book Ballads Pourtraiture or other thing or things shall be so Imprinted or Set or prepared for the Printing thereof to be defaced and made unserviceable And that no person or persons shall hereafter Print or cause to be Imprinted nor shall forge put or counterfeit in or upon any Book or Pamphlet the Name Title Mark or Vinnet of any other person or persons which hath or shall have lawful Priviledge Authority or Allowance of sole Printing the same without the frée consent of the person and persons so priviledged first had and obtained upon pain that every person and persons so offending shall forfeit and lose all such Books and Pamphlets upon which such counterfeit Name or Mark shall be Imprinted and shall further be procéeded against as an Offender against this present Act. Who only may buy barter and sell books in London and market Towns And be it further Enacted by the Authority aforesaid That no Haberdasher of Small-Wares Iron-monger Chandler Shop-kéeper or other person or persons whatsoever not being Licensed in that behalf by the Lord Bishop of the Diocese wherein such Book or Books shall be nor having béen Seven years Apprentice to the Trade of Book-seller Printer or Book-binder nor being a Fréeman of the City of London by Patrimonial Right as Son of a Book-seller Printer or Book-binder nor being a Member of the said Company of Stationers shall within the City or Suburbs of London or any other Market-Town or elsewhere receive take or buy to barter sell again change or do away any Bibles Testaments Psalm-books Common-Prayer-books Primers Abcées Licensed Almanacks Grammar School-books or other Book or Books whatsoever upon pain of forfeiture of the same Printing an Art and Manufacture And for that Printing is and for many years hath béen an Art and Manufacture of this Kingdom Therefore for the better encouraging thereof and the prevention of divers Libels Pamphlets and Seditious Books Printed beyond the Seas in English and thence Transported into this Realm Be it further Enacted and Ordained by the Authority aforesaid That no Merchant Book-seller No English books may be imprinted or imported from beyond Sea or other person or persons whatsoever shall Imprint or cause to be Imprinted beyond the Seas nor shall Import or bring nor knowingly assist or consent to the Importation or bringing from beyond the Seas into this Realm any English Book or Books or part of any Book which is or shall be or the greater part thereof is or shall be English or of the English Tongue whether the same Book Books or part of such Book have béen here formerly Printed or not upon pain of forfeiture of all such English Books so Imprinted or Imported contrary to the tenour hereof And that no Alien or Foreigner whatsoever shall hereafter bring in or be suffered to vend here within this Realm The Penalty any Book or Books Printed beyond the Seas in any Language whatsoever either by himself or his Factor or Factors except such only as be Frée-Printers or Stationers of London or such as have béen brought up in that Profession without the special License of the Archbishop of Canterbury and Bishop of London for the time being or one of them who are hereby authorized to grant Licenses for that purpose upon like pain of forfeiture of all such Books as shall be so Imprinted or Vended contrary to the purport and true intent hereof Presses and Printing in and about London not to be set up but upon notice to the Company of Stationers And be it further Enacted by the Authority aforesaid That no person or persons within the City of London or the Liberties thereof or elsewhere shall erect or cause to be erected any Press or Printing-House nor shall knowingly demise or let or willingly suffer to be held or used any House Vault Cellar or other Room whatsoever to or by any person or persons for a Printing-House or place to Print in unless he or they who erect such Press or shall so knowingly demise or let such House Cellar Vault or Room or willingly suffer the same to be used shall first give notice to the Master or Wardens of the said Company of Stationers for the time being of the erecting of such Press or of such demise or suffering to work or Print in such House Vault Cellar or Room And that no Ioyner Carpenter or other person shall make any Printing-Press no Smith shall forge any Iron-work for a Printing-Press no Founder shall cast any Letters which maybe used for Printing for any person or persons whatsoever neither shal any person or persons bring or cause to be brought in from any parts
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
and by the Authority thereof That from and after the first day of October next ensuing It shall and may be lawful for any person or persons whatsoever Native or Foreigner fréely and without paying any Acknowledgement Fee or other Gratuity for the same in any place of England and Wales In the occupation of dressing and ustng of Hemp and Flax. priviledged or unpriviledged Corporate or not Corporate to set up and exercise the Trade Occupation or Mystery of breaking hickling or dressing of Hemp or Flax as also for making and whitening of Thread as also of Spinning Weaving Making Whitening or Bleching of any sort of Cloth whatsoever made of Hemp or Flax only As also the Trade Occupation or Mystery of making of Twine or Nets for Fishery or of Stoving of Cordage As also the Trade Making of tapestry hanginge Foreigners may use those trades and enjoy all priviledges as natura born subjects Oath of Allegeance and Supremacy Occupation or Mystery of making any sort of Tapistry-Hangings Any Law Statute or Vsage to the contrary in any wise notwithstanding And all Foreigners that shall really and bona fide set up and use any of the Trades and Manufactures aforesaid by the space of thrée years in this Kingdom of England Dominion of Wales and Town of Berwick upon Tweed shall from thenceforth taking the Oaths of Allegiance and Supremacy before two Iustices of the Peace near unto their dwellings who are hereby authorized to administer the same enjoy all Priviledges whatsoever as the Natural born Subjects of this Kingdom And it is hereby Enacted and Declared That such Foreigners as shall exercise any of the Trades aforesaid by vertue of this Act shall not at any time be lyable to any other or greater Taxes Payments or Impositions then such as are or shall be paid by his Majesties Natural born Subjects unless in case they shall use and exercise Merchandize into and from Foreign parts in which case they shall be lyable to pay such Customs as have usually béen paid by Aliens during the space of Five years next ensuing and no longer CAP. XVI Herring and other Fisheries Regulated And a Repeal of the Act concerning Madder FOr the prevention of abuses in the packing and ordering of Herrings and bringing that Commodity into Credit in Foreign parts beyond the Seas Be it Enacted and it is hereby Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by the Authority of the same That from and after the first day of August One thousand six hundred sixty four No white or red Herrings of English catching shall be put to sale in England Wales How herrings shall be packed or in the Town of Berwick upon Tweed but what shall be packed in lawful Barrels or Vessels and which shall be well truly and justly laid and packed And shall be of one time of Taking Salting Saving or Drying and equally well packed in the midst and every part of the Barrel or Vessel and by a sworn Packer And the Barrel or Vessel marked or branded by such sworn Packer with a mark or brand denoting the gage of the Barrel or Vessel and the quantity quality and condition of the Herrings packed therein and the Town or place where they were packed And the Bailiffs of Great Yarmouth for the time being and the Mayor Bailiffs or other Head-Officer for the time being of every Port Haven or Créek out of which any vessels or ships do procéed to fish for Herrings are hereby authorized and required before the first day of July Able packers to be appointed and sworn in the year One thousand six hundred sixty four and before the first day of July in every year after to appoint for their respective Haven Port or Créek a competent number of able and experienced Packers to view and pack all such white or red Herrings of English catching as shall be brought into their Port Haven or Créek and well and truly to mark and brand the Barrels or Vessels into which they shall be packed with such mark or brand as is above directed and to administer to them yearly an Oath which Oath they are hereby authorized and appointed to give to them for the well and true doing thereof according to this Act. Penalty for not appointing and swearing packers And in case the said Bailiffs of Great Yarmouth or the Mayor Bailiffs or other Head-Officer for the time being of any such Port Haven or Créek shall not appoint and swear such Packers before such time in every year as is by this Act required they shall for every default forfeit the sum of One hundred pounds of lawful money of England one moyety to his Majesty his Heirs and Successors and the other moyety to him or them that shall inform or sue for the same in any Court of Record by Bill Plaint or other Action wherein no Essoign Protection or Wager in Law shall be allowed And for the better regulating of the Island and Westmony Fisheries Weâ—y Island and Preservation of the Spawn of fish there Be it Enacted and it is hereby Enacted by the Authority aforesaid That from and after the five and twentieth day of December One thousand six hundred sixty thrée no ship or vessel shall procéed upon a Fishing-Voyage for Island or Westmony out of any Port Haven or Créek in England or Wales or out of the Port of Berwick upon Tweed until the tenth day of March in any year upon the pain of the forfeiture of every such ship or vessel with all her Furniture Tackle and Apparel and of all the fish caught in such ship or vessel And it is hereby further Enacted by the Authority aforesaid That no person or persons whatsoever do collect levy or take or cause to be collected levyed or taken in New-found-land any Toll New-found-land or other duty of or for any Cod or Poor John or other fish of English catching under pain of the loss of double the value of what shall be by them levied collected or taken or caused to be collected levied or taken And that no Planter or other person or persons whatsoever do cast or lay any Seme or other Net in or near any Harbour in New-found-land whereby to take the spawn or young Fry of the Poor John or for any other use or uses except for the taking of Bait only upon pain of the loss of all such Semes or Nets and of the fish taken in them or of the value thereof to be recovered in any of his Majejesties Courts in New-found-land or in any Court of Record in England or Wales by Bill Plaint or other Action wherein no Essoign Protection or Wager in Law shall be allowed And it is hereby further Enacted by the Authority aforesaid That no Planter or other person or persons whatsoever None may destroy houses or spoil nets c.
Sub-collectors of each Parish or Place which shall be appointed by vertue of this Act shall upon the Collection of the whole summe appointed to be collected by them and payment thereof as is hereby and before appointed have and receive for their pains in collecting and paying the moneys one peny in the pound which the said several Head-Collectors are hereby authorized to pay unto them and the several Head-Collectors which shall be appointed by vertue of this Act shall upon the payment of the whole summe due from their Hundred or Division to the Receiver-General of each County have and receive for their pains in receiving and paying the said moneys one peny in the pound which each Receiver-General is hereby authorised to pay and allow unto them accordingly and also upon the Receipt of the whole Assessment of the County City or Town for which he is appointed Receiver-General in case he hath received the several Duplicates of each Parish or Place therein and not otherwise to allow and pay according to such warrant as shall be in that behalf given by the said Commissioners or any thrée of them one peny in the pound for the Commissioners Clerks for their pains in fair writing the Assessments Duplicates and Copies Provided that no Head-Collectors shall be appointed for any City or Town which is by this Act particularly charged with the payment of any summe towards the Assessment hereby to be levied and for which a Receiver-General is to be appointed excepting within the City of London And be it Enacted and Declared How the money may be levied upon persons refusing to pay That if any Person shall refuse or neglect to pay any summe of money whereat he shall be rated and assessed That then it shall and may be lawful to and for the said Collectors Sub-collectors or any of them who are hereby Authorised and required thereunto to levy the summe assessed by Distress and Sale of the Goods of such persons so refusing or neglecting to pay deducting the summe assessed and reasonable charges of distraining and restore the overplus to the Owner thereof And to break open in the day-time any House and upon Warrant under the Hands and Seals of two or more of the said Commissioners any Chest Trunk or Box or other things where any such Goods are and to call to their Assistance the Constables Tythingmen and Headboroughs within the Counties Cities Towns or places where any refusal neglect or resistance shall be made which said Officers and Forces are hereby required to be aiding and assisting in the premisses as they will answer the contrary at their perils And if any question or difference happen upon taking of such Distresses betwéen the Parties distressed or distrained the same shall be ended and determined by the said Commissioners or any two or more of them And if any person or persons shall refuse or neglect to pay his or their Assessment In what case imprisonment may be for lack of distress and convey his or their Goods or other personal Estate whereby the summe of money so assessed cannot be levied according to this Act then the respective Commissioners or any two or more of them are hereby authorised to imprison the person except a Péer or Péers of this Realm and him and them in prison to detain and keep until the money so assessed and the charges for the bringing in the same be paid and satisfied and no longer And the several and respective Tenants or Tenant of all Houses and Lands Tenants to pay such sums as be rated upon their Landlords which shall be rated by vertue of this Act are hereby required and authorised to pay such summe or summes of money as shall be rated upon such House or Lands and to deduct out of the Rent so much of the said rates as in respect of the said Rents of every such House and Lands the Landlord should or ought to pay and bear And the said Landlords both mediate and immediate according to their respective Interests are hereby required to allow such deductions and payments upon the Receipt of the residue of the Rents And it is Enacted and Declared That every Tenant paying the said Assessment And be acquitted against them for so doing shall be acquitted and discharged for so much money as the said Assessment shall amount unto as if the same had béen actually paid unto such person or persons unto whom his Rents should have béen due and payable And if any difference shall arise betwéen Landlord and Tenant The Commissioners may determine differences between Landlords and Tenants about Rates or any other concerning the said Rates the said several Commissioners or any two or more of them in their several divisions shall and have hereby power to settle the same as they shall think fit And if any Person or Persons shall find him or themselves agrieved in that the Assessors have over-rated him or them and shall within six days after demand made of the summe of money assessed on him or them complain to two or more Commissioners whereof one of the Commissioners who signed or allowed his or their Assessment to be one The said Commissioners or any two or more of them shall have and have hereby power within twelve days after the demand of the Assessment as aforesaid to relieve such person or persons and to charge the same on such other person or persons as they shall see cause And in case the proportions set by this Act upon all and every the respective Counties Cities Towns and Places shall not be fully assessed levied and paid according to the true meaning thereof Rates upon persons not of ability or empty houses or that if any of the said Assessments shall be rated and imposed upon any person not being of ability to pay the same or upon any empty or void House or Land where the same cannot be collected or levied or that through any wilfulness negligence or mistake or accident the said Assessment charged upon each County City Town or Place by vertue of this Act happens not to be paid to the Receiver-General of the respective Counties as in this Act is directed that then in all and every such cases the several and respective Commissioners Assessors and Collectors aforesaid and every of them respectively are hereby authorised and required to assess or re-assess or cause to be assessed or re-assessed levied and paid all and every such sum or sums of money upon the respective Counties Cities Towns and Places or upon any of the Divisions Hundreds and Parishes therein as to the said Commissioners or such number of them as by this Act are authorised to cause the first Assessment hereby required to be made shall séem most agréeable to equity and justice the said new Assessment to be made collected and paid in such manner and by such means as in this Act for this Assessment is delared and directed The punishment of persons neglecting to perform
de vicineto de A. Quorum quilibet habeat viginti libras terrae tenementorum vel reddit per annum ad minus per quos c. qui nec c. And the residue of the said Writ shall be after the ancient manner And that those Writs which shall be awarded and directed for Returning of Iuries within the Dominion of Wales shall be made in the same manner altering onely the word Viginti into Octo. And that upon every such Writ and Writs of Venire facias Wales the Sheriff Coroner or other ministers of each respective County in England and Wales Penalty upon the Sheriff c. unto whom the making of the Pannel shall appertain shall not return in any such Pannel any person unless he shall then have Twenty pounds or Eight pounds respectively by the year at least as aforesaid in the same County where the Issue is to be tryed upon pain to forfeit for every person being returned in any such Pannel that shall not then have Twenty pounds or Eight pounds respectively as is aforesaid the sum of Five pounds to His Majesty His Heirs and Successors And for the better enabling the Sheriff of every County to know the value of the Estates of such persons as are by the true intent and meaning of this Act to be returned for Iury-men Be it further Enacted How the Sheriff shall find out persons fit to be returned for Iury-men That every Sheriff shall on the first day of every General Quarter-Sessions yearly held next after the Feast of Easter deliver or cause to be delivered unto the Iustices of Peace sitting at the same Sessions the names of all persons of such Estates as are by the true meaning of this Act to be returned for Iury-men to the end the Estates of such persons may be enquired after and such persons approved of by the said Iustices of Peace or the greater number of them then present to be persons of such Estates to be returnable for Iury-men for the year then next ensuing And the said Iustices shall have power to add such persons having Estates of the respective values before mentioned as they shall find to be omitted by the Sheriff amongst the names by him delivered and such competent number and no more of such persons as aforesaid shall be returnable to serve of Iuries for the year next ensuing as the said Iustices or the greater number of them as aforesaid shall think fit And that no Sheriff shall incur the penalty aforesaid for returning any of the persons so approved or added by the Iustices in case his Estate fall out to be of less value then aforesaid And it is further Enacted That no Sheriff or Bailiff of any Liberty or Franchise What time summons ought to be before appearance or any of their or either of their Ministers shall return any such person or persons as aforesaid to have been summoned by them or any of them unless such person or persons shall have been duly summoned by the space of six days at the least before the day on which they ought to make their appearance And have left with or for such persons in writing the names of all the parties in those Causes wherein they are to serve as Iurors Nothing may be taken to excuse appearance The Penalty nor shall directly or indirectly take any money or other reward to excuse the appearance of any Iuror by them or any of them to be summoned or returned upon pain to forfeit for every such offence the sum of Ten pounds Saving to all Cities and Towns Corporate their ancient Vsage of returning Iurors of such Estate and in such manner as heretofore hath béen used and accustomed And be it further Enacted by the Authority aforesaid That from henceforth upon Writs of Venire facias issued out and returned within the County-Palatine of Lancaster County-Palatine of Lancaster as of the same Assizes wherein the Issues are said to be joyned Writs of Habeas Corpora or Distringas shall be sued out like as is used in all other Counties within this Kingdom returnable at the then next Assizes And the Sheriff thereupon to return such Issues as is or ought to be done by the said Sheriffs of the said other Counties and those Issues to be duly estreated as above is provided And the better to cause and bring Iurors to appear upon Trials at Assizes within the said County-Palatine of Lancaster Be it further Enacted by the Authority aforesaid That the Sheriff of the same County-Palatine of Lancaster for the time being shall from henceforth cause twelve good and lawful men so qualified as before in this Act is appointed out of every of the six Hundreds within the said County-Palatine to be duly summoned or warned ten days at the least before the beginning of every Assizes to be and appear the first day of the then next Assizes and there to attend during the same Assizes to perform their duty and service to the Court as Iurors or Iurymen in such Causes betwéen party and party wherein they shall be respectively returned and impannelled upon pain that every of them that shall make default to appear and attend at and during the said Assizes to forfeit Ten pounds to the use and behoof of the Poor of the Town where such person or persons so making default doth inhabit and live the same to be levied recovered and had in such manner and ways as other Issues of Iurors use to be levied Provided That this Act shall continue and stand in force for the space of Thrée years The continuance of this Act. and from thence to the end of the next Session of Parliament and no longer CAP. IV. An Additional Act for the better Ordering and Collecting the Duty of EXCISE FOr the better Ordering and Collecting the Duty of Excise Be it Enacted and Declared by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by the Authority of the same That from and after the eighth day of November Powers given to Farmers of Excise which shall be in the year of our Lord One thousand six hundred sixty and five all Farmers of Excise or any of them within the several Circuits and Divisions of their respective Farms shall and are enabled hereby to exercise and put in Execution all such Powers and Authorities which the Commissioners or Sub-Commissioners of Excise are enabled to do and execute by the several Acts and Statutes of Excise for the levying raising receiving and managing of the said Revenue of Excise 12 Car. 2. cap. 24. 15 Car. 2. cap. 11. cap. 12 Except the Iudicial part of hearing and determining all breaches and offences against the Laws of Excise and of imposing mitigating or compounding of Fines or Penalties CAP. V. Delays in extending Statutes Judgments and Recognizances prevented Security by Statute
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-brid◠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
present Act That it shall and may be lawful to and for Watermen Boatmen Bargemen and other helpers of them in convenient places to have and use Winches Ropes and other Engines and with the same by strength of Men Horses or other Beasts or any of them going upon the Land or Banks near the said River or passages in convenient manner without the hindrance trouble or impeachment of any person or persons to Draw or Hale up the Barges Boats Lighters or other Vessels Provided always That neither the said Vndertakers nor Commissioners do make or cause to be made any landing Place Wharf or Key within the City of New-Sarum New-Sarum or the bounds or liberties thereof or within one mile of the same from Harnam-Bridge down the stream towards Christ-Church without the consent of the Lord Bishop of Sarum the Mayor and Recorder of the said City for the time being and the thrée antientest Aldermen of the said City or thrée of them first had and obtained And be it further Enacted by the Authority aforesaid That the said Haven River Channels The River Havens c. to be under the Survey of the Vndertakers and Commissioners Trenches and all Wears Wharfs Sasâ—es Locks Turnpikes Penns for water and all other things whatsoever made and erected in order to making the said Haven and making Navigable the said River and Channel as aforesaid shall from henceforth be in the sole Rule Order and Survey of the said Vndertakers and Commissioners as aforesaid and not under the Survey or Order of any Commissioners of Sewers nor subject to a Commission of Sewers or any Laws or Statutes made for Sewers Any Law or Statute to the contrary hereof in any wise notwithstanding And be it further Enacted by the Authority aforesaid That if any Action Bill Persons sued for acting upon this Act may plead the general Issue Plaint or Suit be brought in any of His Majesties Courts at VVestminster or elsewhere against any person or persons for or concerning any matter or thing by him them or any of them done advised or commanded to be done by vertue of this Act That it shall and may be lawful for every such person and persons and for all that act in their aid and assistance or by their commandment to plead the General Issue that he or they are not Guilty And to give this Act or any clause matter or thing herein contained in Evidence to the Iury that shall try the same for their justification without special Pleading of the same and shall thereupon take advantage of this Act as fully to all intents and purposes as if the same had been by them fully and well pleaded Provided also and be it Enacted by the Authority aforesaid That Philip Earl of Pembroke and Montgomery shall and may have power authority and liberty if he shall see cause and find it to be necessary and convenient to the publick good to enlarge and make Navigable the River of VViley from Harnam-Bridge aforesaid so far as VVilton in the County of VVilts Wiley River and in order thereunto to put in execution the several Powers of this Act in relation to the said River of VViley in the same and as ample manner as the said River of Avon may be made Navigable by this Act and under the same Provisoes Restrictions and Limitations Anno XVII Caroli II Regis CAP. I. Twelve hundred and fifty thousand pounds granted to the Kings Majesty for his present further Supply VVE Your Majesties most Dutiful and Loyal Subjects the Commons Assembled in Parliament having observed the Ways and Means by which Your Majesty hath béen enforced to Engage Your self in a War against the States of the United Provinces for the necessary Defence of Your own Crown and Dignity and the Safety and welfare of Your People Do with all humble Thankfulness acknowledge Your Majesties Care and Conduct in this Great Affair which as it hath béen already attended with very considerable Success so we shall daily pray that all Your Majesties Enterprises may still be crowned with Honour and Victory And although the continuing Insolence of Your Majesties Enemies and the doubtful Amity of some of Your Majesties Neighbours have made it necessary to provide for further and greater Expences in a time when the general Contagion hath much interrupted our Trade and Commerce Yet that Your Majesty may sée that we your Majesties Loyal Subjects do more consider our Zeal and Duty to your Majesty then any difficulties under which we labour We have chearfully and unanimously given and granted and by these presents do give and grant unto Your most Excellent Majesty the sum of Twelve hundred and fifty thousand pounds to be Raised and Levied in manner following And we do most humbly beséech Your Majesty That it may be Enacted And be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and of the Commons in this present Parliament Assembled and by Authority of the same That the sum of Twelve hundred and fifty thousand pounds shall be Raised Levied 1250000 l. granted to his Majesty and paid unto your Majesty within the space of Two years in manner following That is to say Whereas in and by a certain Act of Parliament lately passed Entituled An Act for granting a Royal Aid unto the Kings Majesty of Twenty four hundred threescore and seventeen thousand and five hundred pounds 16 17 Car 2. cap. 1. to be Raised Levied and paid in the space of Three years It was amongst other things Enacted That the sum of Thréescore and eight thousand eight hundred and ninetéen pounds and nine shillings by the month for Thirty six months beginning from the Five and twentieth day of December 1664. should be Assessed Taxed Collected Levied and paid by Twelve Quarterly payments in the several Counties Cities Burroughs Towns and places within England and VVales and the Town of Berwick upon Tweed according to the several Rates and Proportions and in such manner as in the said Act is expressed One years payment whereof that is to say Four Quarterly Payments will be fully expired upon the Five and twentieth day of December in the year of our Lord 1665. And Two years payment more will be then to come and unexpired It is now further Enacted by the Authority aforesaid 52083 l. 6 s. 8 â— per mensem That the sum of Fifty two thousand fourscore and thrée pounds six shillings and eight pence by the moneth for Twenty four moneths beginning from the Five and twentieth day of December One thousand six hundred sixty five shall be Assessed Taxed Collected Levied and paid by Eight Quarterly payments in the several Counties Cities Burroughs Towns and places within England and VVales and the Town of Berwick upon Tweed over and above the sum of Thréescore and eight thousand eight hundred and ninetéen pounds and nine shillings by the moneth which is to
the East-Indies or any part beyond the Equinoctial shall be and are hereby Attainted of High Treason and shall suffer and forfeit to all intents and purposes as persons Attainted of High Treason ought to do CAP. VI. Damage Cleere taken away WHereas the moneys which are taken by Prothonotaries of Your Majesties Courts of Kings Bench and Common Pleas and by the Clerk of Your Majesties Court of Exchequer at Westminster and the Prothonotary of Your Majesties Court of Common Pleas at Lancaster and the Prothonotaries and Clerks of other Your Majesties Courts within the Realm of England and Dominion of Wales in the name of Damna Clericorum or Damage Cléere Damna Clericorum are an unnecessary charge and burden to all Your Majesties Subjects who have good cause and are put to Sue for Damages in Actions where Damages are recoverable For avoiding of which inconveniencies for the future and that Your Majesties Subjects may have an easier means for the recovery of their damages and just rights which are unjustly detained from them May it please Your most Excellent Majesty that it may be Enacted And the Kings most Excellent Majesty being willing upon all occasions to ease His Subjects of all unnecessary charges and burdens is graciously pleased That it be Enacted And be it Enacted by the Kings most Excellent Majesty Shall determine and not be taken after the 29 day or September 1672. with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same That immediately from and after the Twenty ninth day of September which shall be in the year of our Lord One thousand six hundred seventy two no Damage Cléere shall by any Title or Precept whatsoever be due payable taken or received from any person or persons in any Action whatsoever sued or prosecuted in any of His Majesties Courts at Westminster or elsewhere within the Kingdom of England or Dominion of Wales by any Prothonotary Clerk or Clerks or other Officer or Officers of the said Courts respectively And that from and after the day and year aforesaid the said Fée of Damna Clericorum or Damage Cléere shall wholly cease and be for ever abolished in the said Courts And that if any Prothonotary Clerk or Clerks or other Officer in any of the said Courts The Penalty shall take or exact any sum or sums of money in the name of Damna Clericorum or Damage Cléere or any thing in lieu thereof after the day and year above mentioned Or if any of the said Prothonotaries Clerk or Clerks or their Deputies at any time before the said Twenty ninth day of September in the year aforesaid shall exact or take any Damage Cléere or sum of money Bond or Security in lieu thereof from any Plaintiff or Plaintiffs Demandant or Demandants in any Action where Damages have béen or hereafter shall be recovered in any of the said Courts or shall refuse or delay to Sign any Iudgement until Damage Cléere be first paid by the Plaintiff or Demandant which are not to be paid unless forth of the moneys levied from or paid by the Defendants as is herein after provided and mentioned He or they so offending shall forfeit treble the sum so taken exacted or demanded to the party or parties grieved to be recovered by Bill Plaint or Information in any of the said Courts wherein no Essoyn Protection or Wager of Law shall be allowed Provided and be it further Enacted That until the Nine and twentieth day of September which shall be in the year of our Lord God In what cases only they may be taken until the 29 September 1672. One thousand six hundred seventy and two and no longer the Damage Cléere shall be paid answered and allowed out of such sum and sums of money onely as shall be actually levied or otherwise paid by or from the Defendants and onely for the proportion of the Sum and Sums of money which shall be so levied or otherwise paid as aforesaid and no more or otherwise CAP. VII For a more speedy and effectual proceeding upon Distresses and Avowries for Rents FOrasmuch as the ordinary Remedy for Arrearages of Rents is by Distress upon the Lands chargeable therewith And yet nevertheless by reason of the intricate and dilatory proceedings upon Replevins that Remedy is become ineffectual For remedy thereof It is Enacted by the Kings most Excellent Majesty with the Advice and Assent of the Lords Spiritual and Temporal Plaintiff in Replevin being nonsuit before issue joyned and Commons in this present Parliament Assembled and by Authority of the same That whensoever any Plaintiff in Replevin shall be Non-suit before Issue joyned in any Suit of Replevin by Plaint or Writ lawfully returned How the Defendant may Avow removed or depending in any of the Kings Courts at Westminster That the Defendant making a Suggestion in nature of an Avowry or Cognizance for such Rent to ascertain the Court of the cause of Distress The Court upon his Prayer shall award a Writ to the Sheriff of the County where the Distress was taken to enquire by the Oaths of Twelve good and lawful men of his Bayliwick touching the Sum in Arrear at the time of such Distress taken and the value of the Goods or Cattel distrained And thereupon notice of Fiftéen days shall be given to the Plaintiff or his Attorney in Court of the sitting of such Enquiry and thereupon the Sheriff shall enquire of the truth of the matters contained in such Writ by the Oaths of Twelve good and lawful men of his County And upon the Return of such Inquisition the Defendant shall have Iudgement to recover against the Plaintiff the Arrearages of such Rent in case the Goods or Cattel distrained shall amount unto that value And in case they shall not amount to that value then so much as the value of the said Goods and Cattel so distrained shall amount unto The Plaintiff nonsuit after Avowry made c. together with his full Costs of Suit and shall have Execution thereupon by Fieri facias or Elegit or otherwise as the Law shal require And in case such Plaintiff shal be nonsuit after Cognisance or Avowry made and Issue joyned or if the Verdict shall be given against such Plaintiff then the Iurors that are Impannelled or Returned to inquire of such Issue shall at the prayer of the Defendant inquire concerning the Sum of the Arrears and the value of the Goods or Cattel distrained And thereupon the Avowant or he that makes Cognisance shall have Iudgement for such Arrearages or so much thereof as the Goods or Cattel distrained amount unto together with his full Costs and shall have Execution for the same by Fieri facias or Elegit or otherwise as the Law shall require Iudgement upon Demurrer for the Avowant And be if further Enacted by the Authority aforesaid That if Iudgement in any of the Courts aforesaid
Commissioner Farmer No Commissioner or other may act until he have taken the Oath in the Act of 12 Car. 2. cap. 23. Sub-Commissioner or other person imployed or to be imployed in the Farming Collecting or taking Accompts for the Duty of Excise do after the First day of September next take upon him or them any such Office or procéed in execution of any such Imployment until he or they have first taken the Oaths appointed to be taken by the Act of Parliament Entituled A Grant of certain Impositions on Beer Ale and other Liquors for the increase of His Majesties Revenue during His life before the respective persons appointed in the said Act of Parliament and have Entred his Certificate for taking the said Oaths with the Auditor for Excise under the penalty of Fifty pounds for every Moneth he or they shall so neglect to take the same CAP. XII An Explanatory Act for Recovery of the Arrears of Excise BE it Declared and Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and of the Commons in this present Parliament Assembled and by Authority of the same That where any Commissioner Sub-Commissioner Treasurer In what cases Sureties for Excise shall be answerable for the arrears 12 Car. 2. cap. 11. and all other Officers which were heretofore imployed in the Receipt of the Excise Farmer or Collector of Excise which are and standeth charged with or accomptable for any Duties of Excise by him or them received farmed or detained or any ways due from the persons before named or any of them and not pardoned by the late Act Entituled An Act of Free and General Pardon Indempnity and Oblivion That there and in such case all and every the Sureties of such person and persons charged or chargeable as aforesaid shall be deemed and taken to be liable and answerable according to the nature of their respective Securities Any doubt or question made touching the Construction of the said late Act of Frée and General Pardon to the contrary notwithstanding And be it further Declared and Enacted by the Authority aforesaid That where the Commissioners of Excise for the time being or the major part of them have Issued out any Summons or Warning which hath béen left at the house or usual place of residence or with the Wife Child or menial Servant of any the aforesaid person or persons Chargeable or Accomptable as aforesaid The same shall be déemed and adjudged a good and sufficient Summons and as legal and effectuall a notice as if the same had béen actually delivered to the proper hands of such person or persons to whom the same was directed Any doubt or question thereof made to the contrary notwithstanding CAP. XIII An Additional Act for the better Ordering and Collecting the Revenue arising by Hearth-Money VVHereas the Revenue Setled on His Majesty His Heirs and Successors by a late Act 14 Car. 2. cap. 10. Entituled An Act for Establishing an Additional Revenue upon His Majesty His Heirs and Successors for the better support of His and their Crown and Dignity hath béen much obstructed for want of true and just Accompts under the hands of the respective Occupiers of Houses Edifices Lodgings and Chambers as by the said Act is required and by the negligence of Constables and other Officers intrusted with the Taking and Reforming such Accompts Be it therefore Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same That the Iustices of the Peace of the respective Counties How the Iustices of the Peace shall cause accompts to be taken of the number of Hearths Corporations Places and Limits within their respective Iurisdictions at the next Sessions to be held after the Feast of Saint Michael the Archangel next ensuing or the major part of them then present shall issue out Warrants under their Hands and Seals to the respective High Constables or other like next Officer who shall issue the like Warrants unto the Petty Constables Head-boroughs and Tythingmen requiring them on the next Sunday after Morning-Service ended to give publick notice in the Church or Chappel generally to all the Inhabitants and also to give notice publickly in the Church and particularly as aforesaid to every Inhabitant within their respective Precincts that shall then be Occupier of any House Edifice Lodging or Chamber That within Ten days next after such notice he give a true and just account in writing under his hand of all Hearths and Stoves in such respective House Edifice Lodging and Chamber unto such respective Constable Head-borough and Tythingman who upon receipt of such Accompt shall with Two other substantial Inhabitants of the said respective Precinct whom they are hereby Authorized to Charge for that purpose in the day-time enter into the respective House Edifice Lodging and Chamber and upon his own view compare such Accompt and sée whether the same be truly made or not and endorse the same Accompt accordingly to what he finds upon his view which Accompt so received and endorsed shall be by him transmitted within twenty dayes after such Receipt to the respective High-Constable or other like Officer as aforesaid together with a Book or Roll fairly written wherein shall be Two Columes The one containing the Names of the persons and number of Hearths and Stoves in their respective Possessions that are chargeable by the said Act and the other the Names of the persons and number of Hearths and Stoves in their respective possessions which are not chargeable by the said Act Which being so received by such respective High Constable or other like Officer as aforesaid and compared together shall within six dayes after such Receipt be transmitted to the two next respective Iustices of the Peace who are hereby impowred to examine the said respective High-Constable or other like Officer as aforesaid Petty Constable Headborough or Tythingman upon Oath concerning the truth and faithfulness of their actings in the premisses which being done the said Iustices shall within ten days after such examination Sign and Transmit the said Book and Roll together with the said Original Accounts so endorsed as aforesaid and filed together unto the respective Clerk of the Peace who shall within Twenty days after receipt thereof Engross the said Book or Roll in Parchment to be still kept in the respective County and Places aforesaid and shall also within Two Months Engross in Parchment a true Duplicate of the said Book or Roll which being Signed by him and by two Iustices of the Peace at least of the respective County and Places aforesaid shall be transmitted within one Month after such Engrossement into His Majesties Court of Exchequer Penalty for omitting any Hearth Provided always and be it Enacted by the Authority aforesaid That if any Occupier of any House Edifice
Lodging or Chamber shall not make or cause to be made an Account or shall omit in his Account required to be made by this Act any Hearth or Stove he shall for every such Hearth or Stove he shall so omit forfeit the sum of Forty shillings Penalty upon Constables for neglect Provided also That if any Petty Constable Headborough or Tythingman to whom such Accounts as aforesaid shall come shall neglect to transmit the same together with a Book or Roll in manner and time aforesaid to the respective High Constable or other like Officer as aforesaid or shall make default in giving such notice as aforesaid or in comparing the Account with two substantial Inhabitants as aforesaid shall forfeit for every such offence the sum of Five pounds High-Constables Provided also That if any High-Constable or other like Officer as aforesaid shall neglect to compare the said Original Accompts and the said Book or Roll or to transmit the same in manner and time aforesaid he shall for every such Offence forfeit the sum of Ten pounds All which before mentioned Forfeitures and Penalties shall be recovered by Action of Debt Bill Plaint or Information in any of his Majesties Courts of Record the one half to the use of his Majesty the other half to the use of him or them that shall sue for the same Prejudice by charge of annual officers remedied And whereas His Majesties said Revenue setled by the aforesaid Act hath béen much prejudiced by Annual changing of Petty Constables Headboroughs Tythingmen High-Constables and Sheriffs to whom the Collecting and Receipt of His Majesties said Revenue is thereby intrusted Be it therefore Enacted by the Authority aforesaid That the changing of such Annual Officers or leaving of their said Offices shall not excuse or disable any person who shall be Constable Headborough Tythingman High-Constable or Sheriff at the time that any Revenue or Duty shall grow due or payable by the said Act from Collecting Distraining and Receiving respectively such Revenue or Duty so grown due but that every such person in such case is hereby enabled and required to do all things respectively as to such Revenue or Duty so growing due as if he had continued Constable Headborough Tythingman High-Constable or Sheriff Any thing in the said Act to the contrary notwithstanding Penalty for neglecting to distrain receive or pay over the said duty Provided also and be it Enacted by the Authority aforesaid That if any person who by the said or this Act ought to Collect Distrain for Receive or Pay over any the said Revenue shall neglect or refuse to do his duty therein for every wéek he shall neglect or refuse he shall forfeit the sum of Twenty shillings to be recovered in manner and by such person or persons as the aforesaid Forfeitures by this Act are to be recovered All persons may be called in aid to distrain Provided also and be it Declared and Enacted by the Authority aforesaid That in all cases which by this or the aforesaid Act any Petty Constable Headborough or Tythingman may enter into the house of any person or he may distrain the Goods of any person he may call to his aid any two sufficient Inhabitants of the respective Townships or Precincts who are hereby enjoyned to assist him therein Sheriffs appointed Collectors may make their Deputies Provided also and be it Enacted and Declared by the Authority aforesaid That where any Sheriff is by the aforesaid Act appointed to be Collector of any part of the said Revenue that such Sheriff may execute the said place of Collector by such Deputy or Deputies as to him shall séem meet being thereunto appointed under the Great Seal of his Office or under his own hand and seal Any thing in the said Act to the contrary notwithstanding Treasurers and Officers of the Inns of Court Chancery Colledges c. Provided also and be it Enacted by the Authority aforesaid That the respective Treasurers and other Officers of the respective Inns of Court Inns of Chancery Colledges and other Societies chargeable by the aforesaid Act for their Hearths and Stoves shall do all things as the respective Constables by this Act are enjoyned to do under the like Penalties though without any Warrant from the respective Iustices of the Peace And that every Occupier of any House Edifice Lodging or Chamber within any the respective Inns of Court Inns of Chancery Colledges and Societies aforesaid shall do all things and under the like Penalties as are required by this Act of any Occupier of any House Edifice Lodging or Chamber elsewhere Provided always and be it Enacted by the Authority aforesaid Westminster That the High Bayliff of Westminster for the time being or his or their Deputy or Deputies may within the City and Liberties of Westminster from and after the Eight and twentieth day of September next Collect and Levy the said Duty and put in execution all the Powers of the said former Act and this present Act as amply as any Sheriffs who by the said former Act are made Collectors may do within their respective Limits and Iurisdictions appointed to them by the said Act And the said Bailiff for the time being shall be subject to the same Penalties and Duties as the said Sheriffs are and shall receive the same reward and the Sheriff of Middlesex for the time being is discharged from putting in execution the Trust aforesaid in the said City and Liberty of Westminster from the said Eight and twentieth day of September saving onely for the Collecting of such arrears as then shall happen to be And the Constables and Headboroughs and other Officers within the said City and Liberty of Westminster shall deliver unto the said Bailiff Duplicates of all Accounts of Hearths and Stoves and do all other things in such manner as by the said Act they ought to have done unto the said Sheriffs any thing in the said or this Act to the contrary notwithstanding Provided alwayes and be it Enacted by the Authority aforesaid That the Bailiff of the Burrough of Southwark for the time being his Deputy or Deputies may within the said Burrough Southwark and other Liberties of Southwark from and after the Eight and twentieth day of September next Collect and Levy the said Duty and put in execution all the Powers of the said former Act and this present Act as amply as any Sheriffs who by the said former Act are made Collectors may do within their respective Limits and Iurisdictions appointed to them by the said Act and the said Bailiff for the time being shall be subject to the same Penalties and Duties as the said Sheriffs are and shall receive the same reward and the Sheriff of Surrey for the time being is discharged from putting in execution the trust aforesaid in the said Burrough and Liberties of Southwarke from the said Eight and twentieth day of September And the Constables and other Officers within