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
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
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
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 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
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
This Act to continue to the end of the first Session of the next Parliament St. 1 Car. 1. Continued and made perpetual 17 Car. cap. 4. CAP. II. A restraint of passage or sending any person beyond the Seas to be Popishly bred FOrasmuch as divers ill affected persons to the true Religion established within this Realm have sent their children into foreign parts to be bred up in Popery 1. Jac. 4. He that goes himself or sends any other beyond the seas to be trained up in Popery c. shall be disabled to sue c. and shall lose all his goods and shal forfeit all his lands c. for life Stat. 27 El. 2. Stat. 3 Jac. 5. notwithstanding the restraint thereof by the Statute made in the first year of the reign of our late Soveraign Lord King James of famous memory Be it Enacted That the said Statute shall be put in due execution And be it further Enacted by the Kings most excellent Majesty and the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same That in case any person or persons under the obedience of the King his heirs and Successors at any time after the end of this Session of Parliament shall pass or go or shall convey or send or cause to be sent or conveyed any Childe or other person out of any of the Kings Dominions into any the parts beyond Seas out of the Kings obedience to the intent and purpose to enter into or be resident or trained up in any Priory Abbey Nunnery Popish Vniversity Colledge or School or House of Iesuits Priests or in any private Popish Family and shall be there by any Iesuite Seminary Priest Friar Monk or other Popish person instructed perswaded or strengthned in the Popish Religion in any sort to profess the same or shall convey or send or cause to be conveyed or sent by the hands or means of any person whatsoever any sum or sums of Money or other thing for or towards the maintenance of any Childe or other person already gone or sent or to go or to be sent and trained and instructed as is aforsaid or under the name or colour of any Charity Benevolence or Alms towards the relief of any Priory Abbey Nunnery Colledge School or any Religious House whatsoever Every person so sending conveying or causing to be sent and conveyed as well any such Childe or other person as any sum or sums of Money or other thing and every person passing or being sent beyond the Seas being thereof lawfully convicted in or upon any Information presentment or Indictment as is aforesaid shall be disabled from thenceforth to sue or use any Action Bill Plaint or Information in course of Law or to prosecute any Suit in any Court of Equity or to be Committée of any Ward or Executor or Administrator to any person or capable of any Legacy or Déed or Gift or to bear any Office within the Realm and shall lose and forfeit all his Goods and Chattels and shall forfeit all his Lands Tenements and Hereditaments Rents Annuities Offices and Estates of Fréehold for and during his natural life A convert shall not incur the penalties aforesaid Stat. 27. El. 2. Provided always That no person sent or conveyed as aforesaid that shall within six moneths after his return into this Realm conform himself unto the present Religion established in this Church of England and receive the Sacrament of the Lords Supper according to the Statutes made concerning Conformity in other cases required from Popish Recusants shall incur any the penalties aforesaid And it is enacted That all and every of the Offences against this Statute may be inquired heard and determined before the Iustices of the Kings-Bench or Iustices of Assise or Gaol-delivery or of Oyer and Terminer of such Counties where the Offendors did last dwell or abide or whence they departed out of this Kingdom or where they were taken Provided also That if any person or Childe so passing or sent or now being beyond the Seas shall after his return into this Realm conform himself to the present Religion established in this Church of England and receive the Sacrament of the Lords Supper according to the Statutes made for or concerning Conformity in other cases required from Popish Recusants for and during such time as he or she shall so continue in such Conformity and obedience according to the true intent and meaning of the said Laws and Statutes shall have his or her Lands restored to them again CAP. III. The Forfeiture and Punishment of him that keeps an Alehouse without License VVHereas by an Act made in the fifth year of the reign of King Edward the sixth of famous memory intituled an Act for kéepers of Alehouses to be bound by Recognizance amongst other things ◠6. Ed. 6. 25 it is enacted That if any person or persons other then such as should be from thenceforth admitted and allowed by the Iustices mentioned in the said Act should after the day in the said Act limited obstinately and upon his own authority take upon him or them to kéep a common Alehouse or Tippling-house or should contrary to the commandment of the said Iustices or two of them use commonly selling of Ale or Béer That then the said Iustices of Peace or two of them whereof one to be of the Quorum should for every such offence commit every such person or persons so offending to the Common Gaol within the same Shire City Borough Town corporate Franchise or Liberty there to remain without bayl or mainprise by the space of thrée days And before his or their deliverance the said Iustices shall take recognizance of him or them so committed with two Sureties that he or they should not kéep any common Alehouse Tippling-house or use commonly selling of Ale or Béer as by the discretion of the said Iustices should séem convenient And the said Iustices should make Certificate of every such Recognizance and Offence at the next Quarter Sessions that should be holden within the same Shire City Borough Town corporate Franchise or Liberty where the same should be committed or done which Certificate should be a sufficient Conviction in Law of the same Offence And the said Iustices of Peace upon the said Certificate made should in open Sessions assess the Fine for every such Offence at twenty shillings as by the said Act may appear Which Law hath not wrought such Reformation as was intended for that the said Fine of twenty shillings is seldom levied and for that many of the said Offendors by reason of their poverty are neither able to pay the said Fine of twenty shillings nor yet to bear their own Charges of conveying them to the Gaol And moreover do leave a great charge of Wife and Children upon the Parishes wherein they live In regard whereof the Constables and other Officers are much discouraged in presenting them and the Offendors become
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
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
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
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
offending to Gaol till the next Sessions there to be indicted and procéeded against for the same and that the Officers and Inhabitants of the Village or Parish where such offence shall happen shall be assistant therein and moreover the party grieved shall have his Action or Actions against such offender or offenders and therein recover his treble damages and treble costs In which Action no Essoin Wager of Law Aid-prayer Priviledge Protection Imparlance Iniunction or Order of Restraint No action upon this Statute to be stayed but by Order of the Court where such action depends shall be granted or allowed And if any person or persons shall after notice given that the Action depending is grounded upon this Statute cause or procure any Action at the common Law grounded on this Statute to be delayed or stayed before Iudgment by colour or means of any Order Power Warrant or Authority save onely of the Court where such Action shall be brought and depending or after Iudgment had upon such Action shall cause or procure Execution of such Iudgment to be stayed or delayed by colour or means of any Order Warrant Power or Authority save only by Writ of Errour or Attaint or Order of such Court where such Writof Errour or Attaint shall be depending That then the person so offending shall incur the pains penalties Premunire and forfeitures ordained and provided by the Statute of Provision and Premunire made in the sixtéenth year of the Reign of King Richard the second Provided alwayes That this Act extend not to prejudice any of His Majesties Rights Titles or Duties of in or to or out of any Tinne in the Stannaries of Devon and Cornwall Proviso for the Stannaries Butserage Prisage nor to prejudice the ancient Duties of Butlerage and Prizage of Wines but that the same shall be in the same plight that the same were before the making of this Act any thing herein contained to the contrary in any wise notwithstanding Recompence to his Majesty for the Court of Wards and Purveyances And now to the intent and purpose that His Majesty His Heirs and Successors may receive a full and ample Recompence and Satisfaction as well for the profits of the said Court of Wards and the Tenures Wardships Liveries Primer-Seizins Ousterlemaines and other the Premisses and Perquisites incident thereunto and for all Arrears any way due for the same as also for all and all manner of Purveyance and Provisions herein before mentioned and intended to be taken away and abolished and all sums of money due or pretended to be due or payable for and in respect of any compositions for the same 12 Car. 2. cap. 23. Rates of the Excise Be it therefore Enacted by the Authority aforesaid That there shall be paid unto the Kings Majesty His Heirs and Successors for ever hereafter in recompence as aforesaid the several Rates Impositions Duties and Charges herein after expressed and in manner and form following that is to say For every Barrel of Beer or Ale above six shillings the barrel brewed by the Common Brewer or any other Person or Persons who doth or shall sell or tap out beer or Ale publickly or privately to be paid by the common Brewer or by such other person or persons respectively and so proportionably for a greater or lesser quantity One shilling three pence XV. d. For every barrel of Six shillings Beer or Ale or under brewed by the common Brewer or any other person or persons who doth or shall sell or tap out such Beer or Ale publickly or privately to be paid by the said common Brewer or by such other person or persons respectively as aforesaid and so proportionably for a greater or lesser quantity three pence iij. d. For all Syder and Perry made and sold by retail upon every Hogshead to be paid by the Retayler thereof and so proportionably for a greater or lesser measure One shilling three pence XV. d. For all Metheglin or Mead sold whether by Retail or otherwise to be paid by the maker thereof upon every Gallon One half-penny Ob. For every Barrel of Beer commonly called Vinegar-Beer brewed by any common Brewer in any common Brew-house six pence Vi. d. For every Gallon of Strong-water or Aquavitae made and sold to be paid by the maker thereof One penny i. d. For every barrel of Beer or Ale Imported from beyond the Seas Three Shillings iij. s. For every Tun of Syder or Perry Imported from beyond the Seas and so proportionably for a greater or lesser quantity Five shillings V. s. For every gallon of Spirits made of any kind of Wine or Syder Imported Two pence ij d. For every gallon of Strong-water perfectly made Imported from beyond the Seas Four pence iiij d. For every Gallon of Coffee made and sold to be paid by the maker Four pence iiij d. For every gallon of Chocolatte Sherbet and Tea made and sold to be paid by the maker thereof Eight pence Viij d. And be it further Enacted and Ordained by the Authority aforesaid That the several Rates Rates of Excise upon forreign Liquors imported to be paid in money before landing Duties and Charges of Excise or New Impost above mentioned hereby set or imposed upon all and every the said Forreign Liquors which shall be Imported or brought into all or any the Ports of this Kingdom and Dominions thereof aforesaid from and after the five and twentieth day of December next shall be from time to time satisfied and paid by the Merchant or Merchants Importer or Importers of the same in ready money upon his or their Entry or Entries made and before the landing thereof And be it further Enacted by the Authority aforesaid Entries to be made at the Office of Excise by Common Brewers Inn-keepers c. That all common Brewers of Béer and Ale shall once in every Wéek And all Inn-kéepers Alehouse-kéepers Victuallers and other Retaylers of Béer Ale Syder Perry Metheglin or Strong-water Brewing Making or Retailing the same shall once in every moneth make true and particular Entries at the Office of Excise within the limits of which the said Commodities and Manufactures are made of all Béer Ale Perry Syder Metheglin Strong-Water or other the Liquors aforesaid which they or any of them shall Brew make or Retail in that Wéek and Moneth respectively as aforesaid And be it further Enacted by the Authority aforesaid That all such common Brewers The penalty for not making Entries who do not once a Wéek make due and particular Entries shall forfeit ten pounds And that every such Inn-kéeper who doth not make true and particular Entries once a Moneth shall forfeit five pounds And that every Alehouse-kéeper Victualler or other Retailer who doth not once a moneth make due and particular Entries shall forfeit twenty shillings And be it further Enacted by the Authority aforesaid That every Common Brewer The penalty for not paying who shall not pay and clear off
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
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
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
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
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
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
Wardens and fiftéen Assistants shall be chosen upon the same day yearly within the City of Norwich or County of Norfolk in some publick place by the Master-Weavers or the greater part of them present of the County of Norfolk And the said Wardens respectively shall within fourtéen days after they shall be so chosen or elected and notice thereof given take the Oath ensuing to be administred by the Mayor of the said City for the time being or his Deputy and the Steward of the Dutchy of Lancaster within the the said County for the time being if it shall happen the said Steward shall be there present or else before the said Mayor or his Deputy onely which Oath they and every of them are hereby Authorized and required from time to time to Administer accordingly Viz. I A. B. Do swear The Oath to be taken by them That I will well faithfully and honestly perform and discharge the Office of a Warden of the said Trade of Worsted Weavers according to the best of my skill power and knowledge And that the said Assistants and every of them within the time aforesaid shall take the like Oath before such person or persons before whom the Wardens shall be Sworn for the execution of that Office of an Assistant and that if it shall happen that any of the said Wardens who shall be so chosen shall refuse to take the said Oath or after he be sworn shall die before the end of the year That then from time to time so often as néed shall be it shall and may be lawfull to and for the Master-Weavers of the said City County of the City of Norwich and County of Norfolk respectively as the cause shall require to chuse other Warden or Wardens in the place of him or them so dying or refusing who shall be sworn in such manner as aforesaid The powers in this act for Regulation of Trade to be put in execution And for the Regulation and good Government of the said Trade and Manufacture the said Wardens and Assistants or any thirtéen of them whereof seven to be Wardens shall and may from time to time méet and consult together for the good and benefit of the said Trade and Manufacture and for due execution of the Powers and Authorities given by this Act so often as to them shal séem expedient or when it shall be desired by eight or more of the said Assistants at the place called Weavers Hall in the said City Power to make By-laws and orders or at such other place as they shall think fit And that any thirtéen or more of the said Wardens and Assistants whereof seven at the least to be Wardens shall have and hereby have power and Authority from time to time so often as néed shall require to make and ordain By-laws Rules and Ordinances for and concerning the Regulation of the laid Worsted-Stuffs and other Stuffs now made and which hereafter shall be made within the said City and County of the City of Norwich and County of Norfolk and in either of them both in length breadth and goodness and of such other particulars as shall by the said Wardens and Assistants so met or the greater number of them from time to time be adjudged requisit for the better Regulating the said Trade and Manufacture and the Artificers of the same in the due execution of this Act and to make Seals from time to time for the sealing of the same Stuffs which By-laws Rules and Ordinances being ratified and confirmed by the Mayor and two Iustices of the Peace of the said City and County of Norwich for the time being and thrée other Iustices of Peace of the said County of Norfolk whereof one to be of the Quorum shall be published four times in the year at the least To be published at Four assemblies to be held yearly at four Publick Assemblies for the said Trade and Manufacture and shall be obeyed and kept by the several persons within and under the said Regulation The penalty upon offendors against such By-laws and orders And the said Wardens and Assistants shall have and hereby have power to impose a fine or penalty upon any person or persons under such Regulation as shall not conform to such Rules Orders and Ordinances so made and to be made and confirmed as aforesaid Provided that the said Fine or Penalty upon any person for not conforming as aforesaid shall not excéed the sum of Ten shillings for any one offence Notice of meeting by the City of Norwich to be gâ—ven to the Wardens of the County of Norfolk And it is further Enacted That the Wardens and Assistants of the said City and County of the City of Norwich shall from time to time give Personal notice unto the Wardens of the said County of Norfolk or two of them at the least of the time when they intend to consider of the making of By-laws Rules and Ordinances as aforesaid and shall set it up in writing upon the Door of their Sealing-Hall fourtéen days at the least before they shall procéed to the making the same to the end that such of the said Country Weavers as are therein concerned may be there present And for the better Regulation and carrying on the work aforesaid and for avoiding of all Frauds and Deceipts therein Be it further Enacted by the Authority aforesaid That all Yarns called Worsted Yarns and such other Yarns as are commonly used by the Worsted Weavers shall be made without Fraud Yarns called Worsted Yarns how to be made and shall be Réeled on a Réel of a full Yard about and every Réel-staff shall contain fourtéen Leas and every Lea forty threads twelve of which Réel-staffs shall make a dozen and twelve of those dozens shall make a gross And in case any Person or Persons shall sell or expose to sale any of the said Yarns made and Réeled in any other manner than as is aforesaid that then every such Person or Persons shall forfeit the Moyety of the value of the said Yarns to the use of the said Trade and Manufactures after charges of Suit and of Prosecution first deducted out of the same which forfeiture shall be recovered by Action of Debt Bill Plaint Indictment or Information in any of the Kings Majesties Courts of Record wherein no Wager of Law Essoyn or Protection shall be allowed for the Defendant View and search to be made of manufactures in Faires and markets And that it shall and may be lawful to and for the Wardens and Assistants of the said Trade and Manufactures or any two of them from time to time to View and Search in all Fairs and Markets and other publick places of sale of Yarns within the said City of Norwich and County of the same and County of Norfolk and either of them all Yarns which be there exposed to sale and such of the said Yarns as they shall find defective contrary to the Rules herein
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
by their industry and labour have attained and gained so great skill and dexterity in the making thereof that they make as good of all sorts thereof as is made in any Forreign parts by reason whereof they have béen heretofore able to relieve their poor Neighbours and maintained their Families and also enabled to set on work many poor children and other persons who have very small means or maintenance of living other then by their labours and endeavours in the said Art And whereas the persons so imployed in the said Mystery have heretofore served most parts of this Kingdom with Bonelace Band-strings Buttons Néedlework and Imbroidery And for the carrying on and managing of the said Trade they have procured great quantities of Thread and Silk to be brought into the Kingdom from Foreign parts whereby his Majesties Customs and Revenues have béen much advanced until of late that great quantities of Foreign Bonelace Band-strings Néedlework Cut-work Fringe Silk Bonelace Buttons and Imbroidery were brought into this Kingdom by Foreigners and Inhabitants of this Kingdom and sold to Shop-kéepers and others Dealers in the said Commodity as well by Whole-sale as Retail without ever entring of the same in any of his Majesties Custom-houses or paying any Duty or Custom for the same by means whereof the said Trade and calling is of late very much decayed those imployed in the said Calling very much impoverished the Manufacture much decreased and great quantities thereof already made left on their hands that make it His Majesty defrauded and deceived in his Customs and many thousand poor people formerly kept on work in the said Art like to perish for want of imployment there being daily great sums of money exported out of this Kingdom for the buying and fetching in of the said Commodity to the great impoverishment of the Nation by the Consumption of the Bullion and Treasure thereof and contrary to several Statutes made in the first of King Richard the Third 1 R. 3. cap. 12. 3 E. 4. cap. 4. 19 H. 7. cap. 21 5 Eliz. cap. 7. in the third of King Edward the fourth in the ninetéenth of King Henry the Seventh and the fifth of Quéen Elizabeth and to a late Proclamation made by his Majesty that now is dated the twentieth day of November last for the putting the said Laws in execution For redress whereof and prevention of the like mischiefs for the future and the better relief comfort and subsistence of those imployed in the said Art and Manufacture And for the quickning reviving explaining amending and more effectual execution of the said Statutes 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 no person or persons whatsoever shall from and after the Twenty fourth day of June One thousand six hundred sixty two sell or cause to be sold or offer to sale within the Kingdom of England or Dominion of Wales or export any Foreign Bonelace Cut-work Foreign bone-lace cut-work imbroidery fringe band-strings prohibited to be sold or imported from beyond Sea Imbroidery Fringe Band-strings Buttons or Néedlework made of Thread Silk or any or either of them in parts beyond the Seas or Import bring in send or convey or cause to be brought in sent or conveyed into the Kingdom of England or Dominion of Wales any such Foreign Bonelace Cut-work Fringe Imbroidery Band-strings Buttons or Néedlework made of Thread Silk or any or either of them beyond the Seas after the first day of May which shall be in the said year of our Lord One thousand six hundred sixty and two upon pain that all and every person or persons who shall sell or cause to be sold or offer to sale any such Foreign Bonelace Cut-work Imbroidery Fringe Band-strings Buttons or Néedlework shall forfeit and lose for every offence by him committed contrary to this Act the sum of Fifty pounds and the whole Bonelace Cut-work Imbroidery Fringe Band-strings Buttons or Néedlework so sold or caused to be sold or offered to sale And upon further pain That all and every person or persons who shall Import bring in send or convey or cause to be brought in sent or conveyed into this Kingdom of England or Dominion of Wales any such Bonelace Cut-work The penalty Imbroidery Fringe Band-strings Buttons or Néedlework shall forfeit and lose for every offence by him committed contrary to this Act the sum of One hundred pounds and the whole Bonelace Cut-work Imbroidery Fringe Band-strings Buttons or Néedle-work so Imported brought in sent or conveyed or caused to be Imported brought in sent or conveyed contrary to the form and effect of this present Act as aforesaid One moyety to the King the other to the prosecutor The Moyeties of all which Forfeitures to be to the use of our Sovereign Lord the Kings Majesty his Heirs and Successors and the other Moyety to him or them that shall sue for the same in any of the Kings Courts of Record by Bill Plaint Action of Debt Information or otherwise wherein no Essoign Protection or Wager of Law shall be allowed at every time and as often as any person shall be found to offend in selling importing conveying or bringing in as aforesaid Every Iustice of Peace may grant Warrants to search for Manufactures prohibited by this Act And be it further Enacted by the Authority aforesaid That for the preventing of the Importing of the said Manufactures as aforesaid upon complaint and Information given to the Iustices of the Peace or any or either of them within their respective Counties Cities and Towns Corporate at times reasonable he or they are hereby authorized and required to issue forth his or their Warrants to the Constables of their respective Counties Cities and Towns Corporate to enter and search for such Manufactures in the Shops being open or Ware-houses and dwelling-houses of such person or persons as shall be suspected to have any such Foreign Bonelaces Imbroidery Cut-work Fringe Band-strings Buttons or Néedlework within their respective Counties Cities and Towns-Corporate and to seize the same any Act Statute or Ordinance to the contrary thereof in any wise notwithstanding The time limited for actions upon this Act. Provided always and be it hereby Enacted and Declared That all Informations Actions and Suits that shall be commenced for any offence committed against this Law shall be brought and commenced within twelve Moneths after the discovery of such offence Any former Act or Law to the contrary notwithstanding CAP. XIV Direction for Prosecution of such as are Accountable for Prize-Goods 12 Car. 2. c. 11 VVHereas in the Act of Frée and General Pardon Indempnity and Oblivion made in the Twelfth Year of your Majesties Reign and since confirmed by another Act Intituled An Act for confirming Publick Acts 13 Car. 2. c. 7. made in the thirtéenth year of your
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
it was further Enacted That no Groats or Half-groats shall be moulten by any man to make Vessel or other thing thereof upon the same pain And whereas divers persons do elude the said Statutes as well Goldsmiths as others by melting Silver-Coyns of this Realm above the value of Groats to the great diminishing of the Silver-Coyn of this Realm and the hindrance of the Commerce of the same Be it therefore Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by Authority of the same That no person or persons whatsoever shall after the Twentieth day of December One thousand six hundred sixty two None shall melt currant Silver Money The Penalty wilfully melt or cause to be melted any of the currant Silver-money of this Realm upon pain not only of forfeiture of the same but also of the double value of any such Coyn so melted the one half to his Majesty his Heirs and Successors the other half to the Informers who shall sue for the same upon Action of Debt Bill Plaint or Information in any of His Majesties Courts at Westminster in which no Essoign Wager of Law or Protection shall be allowed And moreover That the said person or persons offending contrary to the Tenor of this Act if he or they be a Fréeman or Fréemen or priviledged person or persons of any City or Corporation within this Kingdom of England shall upon legal conviction for the same be forthwith disfranchised and made uncapable of exercising the Trade of a Goldsmith or any other Mystery by vertue of the Priviledges of the City or Corporation of which he or they are members And if the said person or persons offending and convict as aforesaid shall not be a Fréeman or Fréemen or priviledged person or persons of any City or Corporation as aforesaid then he or they shall suffer imprisonment without Bail or Mainprize for the space of Six moneths next ensuing his or their Conviction as aforesaid CAP. XXXII The Manufacture of Broad Woollen Cloth within the West-Riding of the County of York Regulated WHereas divers abuses and deceits have of late years béen had and used in the Manufacture of Broad Woollen Cloth made within the West-Riding of the County of York and the spinning and deceitful working thereof which tends to the great debasing and undervaluation of the said Manufacture both at home and also in Forreign parts where the same is usually vended For prevention of all which abuses and deceipts It is Enacted by the Kings most Excellent Majesty by the Advice and Consent of the Lords Spiritual and Temporal and Commons Assembled in Parliament That from and after the next Monday after Easter which shall be in the year of our Lord God One thousand six hundred sixty and two there be and shall be a Corporation to continue for ever within the said West-Riding of the County of York consisting of all the Iustices of the Peace of the said West-Riding for the time being A Corporation of Clothiers in the West-Riding of Yorkshire Two Masters Ten Wardens Twelve Assistants and Commonalty All which said Masters Wardens and Assistants are to be of the ablest and best experienced Clothiers within the said West-Riding and such as have served and béen brought up in the Trade and Mystery of Clothing by the space of seven years according to the Laws and Statutes of this Realm One of which said Masters Five of which said Wardens and Six of which said Assistants shall be chosen the first Monday after Pentecost then next following and from thenceforth to be yearly and every year chosen upon the next Monday after Pentecost at some publique place by the Frée Clothiers of the said West-Riding inhabiting within the Parish of Leeds in the said County of York the greater part of them present at such Election and the other Master Five Wardens and Six Assistants shall be chosen upon the same days at some publique place by the Frée Clothiers inhabiting out of the said Town and Parish of Leeds or the greater part of them present at the said Election of the parts adjacent within the said West-Riding And in case any of the said Masters Wardens and Assistants after their said respective Elections do happen to die that then it shall and may be lawful at any Court to be holden next after such Decease to Elect others in their respective places And the said Wardens Masters and Assistants respectively shall within eight days after their first Choice and Election take the Oaths of Allegiance and Supremacy which any two Iustices of the Peace within the West-Riding whereof one to be of the Quorum have hereby power to Administer and also the ensuing Oath Viz. I A. B. do swear The Oath to be taken by the Master Wardens and Assistants That I will well faithfully and honestly perform and discharge the Office of a Master of the Corporation of the Free Clothiers according to the best of my Skill Power and Knowledge So help me God And the like Oath and Oaths to be Administred to the Wardens and Assistants respectively mutatis mutandis And for ever after the said Iustices of the Peace Masters Wardens and Assistants and their Successors or any Thirtéen of them shall and have hereby power to Administer the like Oath or Oaths to such Officer or Officers faithfully and honestly to perform and discharge his and their said Office and Offices to which he or they are and shall be so chosen by this Act at any Court to be by them holden in manner hereafter declared And it is further Enacted by the Authority aforesaid That the said Iustices of the Peace Who shall be of the said Corporation for ever and how called Masters Wardens and Assistants for the time being together with the said Frée Clothiers of the said West-Riding shall for ever hereafter in name and in fact be one Body Politique and Corporate in Law to all intents and purposes and shall have a perpetual Succession and be called by the name of the Supervisors Masters Wardens Assistants and Commonalty of the Trade or Mysterie of Clothiers for the well making of Broad Woollen Cloth within the West-Riding of the County of York and that they shall be enabled to Plead and Sue and to be Sued and Impleaded by that name in all Courts and Places of Iudicature within this Kingdom And by that name shall and may without Licence in Mortmain purchase take or receive any Lands Tenements or Hereditameats of the Gift Alienation or Demise of any person or persons who are hereby without further Licence enabled to transfer the same and any Goods and Chattels whatsoever for the use and benefit of the Corporation aforesaid not excéeding the yearly value of Two hundred pounds And for the better Regulation of the said Goverment of the said Trade and Manufacture the said Iustices of the Peace Masters
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
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
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
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 respective Parishes shall pass to and fro through the said respective places where such Toll is to be received as aforesaid without paying any thing for their respective passing through the same Any thing in this present Act to the contrary thereof in any wise notwithstanding Provided also And be it Enacted Proviso touching money received overplus and remaining at the end of 11. years That if it shall happen that at the end and expiration of the term of the Eleven years aforesaid that the Receiver or Receivers Collector or Collectors then in being or any of them of the aforesaid Tolls or any part thereof in all and every of the said Counties made and to be made shall upon their or any of their accounts made and to be made for the several and respective Receipts of the Tolls aforesaid have any sum or sums of money in their or any of their hands more then they or any of them have expended as aforesaid That then such Receiver and Receivers Collector and Collectors and every of them shall bring in all and every sum and sums of money so remaining in their or any of their hands unto the Iustices of the Peace of the said several and respective Counties where such Receiver or Receivers Collector or Collectors shall live or have received the said several sum or sums at the next General Quarter-Sessions for the Peace which shall happen to be after their said several Accounts so to be made as aforesaid upon pain of forfeiting double the Sum which shall be in their or any of their hands upon the said Account which said Sum and Penalties shall be recovered by distresse and sale of the parties Goods so refusing to do the same by Warrant under the Hands and Seals of any two Iustices of the Peace of the said several Counties And that the said Iustices of the Peace at their said several Quarter-Sessions in their several Counties are hereby impowred and enabled to dispose of the said several sum and sums of money and all the said Penalties into the hands of such person and persons and upon such Securities as they shall approve of to and for a Stock for the repairing of the said several High-ways according to the intent and meaning of this Act and not otherwise Provided also And be it further Enacted by the Authority aforesaid Huntington That if the Iustices of the Peace for the County of Huntington or any four of them dwelling next to the said High Road Stilton shall adjudge some other place more convenient then Stilton for receiving the Toll for the said County That then it shall and may be lawful for the said Iustices of Peace as aforesaid to appoint some other place upon the High Road within their said County to receive the aforesaid Toll instead of Stilton Any thing in this Act to the contrary notwithstanding And that it shall and may be lawful for all and every Souldier and Souldiers upon their March Souldiers in Marching and Posts exempted and all persons riding Post to passe through any the places in this Act mentioned without paying any Toll Provided also That if at any time before the expiration of the Eleven years aforesaid Proviso for cealing the Toll within the 11. years the said High-ways shall be well and sufficiently amended and repaired and so adjudged by the Iustices of the Peace at the Quarter-Sessions for their several and respective Counties aforesaid That then from and after such Adjudication made and Re-payment of such moneys as shall have béen borrowed the aforesaid Toll in the said County shall cease and determine Any thing aforesaid to the contrary notwithstanding Continued 16 17 Car. 2. cap. 10. CAP. II. Unlawful Cutting or Stealing or Spoiling of Wood and Under-woods and Destroyers of young Timber-Trees punished WHereas in one Act of Parliament made in the Thrée and fortieth year of the Reign of the late Quéen Elizabeth Entituled 43 El. cap. 7. An Act to avoid and prevent divers misdemeanors in idle and lewd persons among other things it is Enacted The punishment for cutting and spoyling any Woods That all and every such lewd person and persons that shall cut or spoil any Woods or Vnder-woods Poles or Trées standing and their Procurer or Procurers Receiver or Receivers knowing the same and being thereof lawfully Convicted by his or their own confession or by the testimony of one sufficient Witness upon Oath before some one Iustice of Peace or other Head-Officer of the County or place where such offence was committed shall give the party or parties satisfaction for his or their Damages for the first fault And if such Offender or Offenders shall by such Iustice of Peace or Head-Officer be thought not able or sufficient or if such Offender or Offenders do not make such satisfaction as aforesaid That then the said Iustice of Peace or Head-Officer shall commit the said Offender or Offenders to the Constable or other inferior Officer to receive the punishment of Whipping as in the said Act more fully doth appear And whereas it is found by daily experience especially in and about London and other great Towns where a great number of such idle and lewd persons do shelter themselves that this Act hath not sufficiently prevented the said mischief of cutting and spoiling of Woods and Vnderwoods as was intended as well because the said offences are committed in such a close and clandestine manner that there is none Witnesses to them but such as are partakers to the offence as also because the said punishment is too small for so great a fault which is not only prejudicial and hurtful to the Owners of the said Woods but very mischievous and damageable to the Commonwealth Be it therefore Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same That from and after the Four and twentieth day of June next ensuing Who may apprehend Wood-stealers every Constable Headborough or any other person in every County City Town-Corporate or other place where they shall be Officers or Inhabitants shall and may by vertue of this present Act have full Power and Authority to apprehend or cause to be apprehended all and every person or persons they shall suspect having or carrying or any wayes conveying any burthen or bundles of any kind of Wood Vnder-wood Poles or young Trées or Bark or Bast of any Trées or any Gates Stiles Posts Pales Rails or Hedgewood Broom or Furze Search in Houses of suspected persons and by Warrant under the Hand and Seal of any one Iustice of the Peace directed to any Officer such Officer shall have power to enter into and search the Houses Out-houses Yards Gardens or other places belonging to the Houses of all and every person or persons they shall suspect to have any kind of Wood
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.
be lawful for the said Commissioners for the time being or any seven or more of them from time to time and at all times to Assess Taxes or Sums of Money upon the said Ninety five thousand Acres for the raising money for Draining the same again in such proportion as they or any seven or more of them shall think fit together with a penalty for not paying the said Taxes the said penalty not excéeding a third part of such Tax How lands may be sold for non-payment of Taxes or penalties And for default of payment of the said Taxes or Sums of money and penalties Be it Enacted That the Lot and Share of such Participant or Adventurer of and within the said Ninety five thousand Acres as shall be in arrear for the said Tax sum of money or penalty and unpaid by the space of two moneths next after the day appointed for payment by the said Commissioners or any seven or more of them or so much thereof as they shall think fit shall be Sequestred by the said Commissioners or any seven or more of them for or towards the payment of such Tax sum of money or penalty so in arrear restoring the overplus of the money for which such Lot or Share or any part thereof shall be Sequestred if any be Which Sequestration shall be made in writing under the hands and seals of the said Commissioners for the time being or any seven or more of them Provided always and be it Enacted by the Authority aforesaid That in case the said Governor Bayliffs and Corporation constituted by this Act shall neglect or refuse to pay such Tax or Taxes and penalties sum or sums of money as shall from time to time hereafter be taxed and imposed by the said Commissioners before named or to be named by vertue of this Act or any seven or more of them pursuant to the Powers given them by this Act whereupon the Goods and Chattels of any person or persons his or their Tenant or Tenants of and in the said Ninety five thousand acres or any part thereof shall be distrained or sold or his or their Lands Sequestred for the payment thereof or that such person or persons his or their Tenant or Tenants shall thereupon pay the said Tax and Taxes and penalties so assessed and imposed as aforesaid That then the said Governour Bayliffs and Corporation immediately from and after notice to him or them given thereof shall Assess and Tax the whole Ninety five thousand Acres for the satisfaction and payment of the Tax Taxes and penalties sum and sums of money and all damages that such person or persons his or their Tenant or Tenants hath or have paid born or sustained as aforesaid And be it further Enacted by the Authority aforesaid That if the said Governour Bayliffs and Corporation shall not within six moneths next after demand made by such person or persons his and their Heirs Executors and Administrators whose own or Tenant or Tenants Goods and Chattels shall be distrained or sold or Lands sequestred as aforesaid pay and satisfie unto him or them such sum and sums of money and damages as he or they and his and their respective Tenant or Tenants have respectively paid born and sustained That then and from thenceforth such person and persons his and their Heirs and Assigns shall and may bring his and their Action or Actions of Debt in any of the Kings Majesties Courts at Westminster against the said Governour Bayliffs and Corporation for the recovery thereof and by vertue of this Act shall recover the same and be allowed Costs of Suit expended therein And be it further Enacted by the Authority aforesaid That the Commissioners so constituted or to be hereafter constituted as aforesaid or any seven or more of them for the better execution of the Powers hereby given shall may inform themselves by examining Witnesses upon Oath which hereby they or any seven or more of them shall have power to administer due execution of all every or any the Powers or Authorities hereby given them for the doing Iustice therein accordingly The Commissioners to take an Oath Provided always That the said Commiâ—â—ioners and every of them before he or they take upon him or them the execution of any the Powers or Authorities hereby given them other then the administring the Oath following to one another which they shall have authority by this present Act to administer to one another shall take the Oath following viz. I A. B. shall and will without favour or affection hatred or malice truly and impartially according to the best of my skill and knowledg execute and perform all and every the Powers and Authorities established by this Act of Parliament Which Oath any one of the said Commissioners are hereby authorized to administer And be it further Enacted by the Authority aforesaid That all Iudgments Orders Decrées Determinations Alterations Changes Restaurations and other Acts done by the said Commissioners hereby constituted or hereafter to be constituted as aforesaid or of any seven or more of them respectively pursuant to the Powers and Authorities by this Act given shall be final And that the first time and place of their Méeting shall be at or before the Two and twentieth day of September in the year of our Lord One thousand six hundred sixty and thrée at Ely And that afterwards the usual places where the said Commissioners shall sit to Hear Order The Places where the Commissioners shall sit and Determine the Matters to them referred by this Act shall from the 29th of September to the 26th day of March in every year be at the Town of Huntington and from the 25th day of March till the 30th day of September in every year be at Ely unless the said Commissioners hereby constituted or hereafter to be constituted as aforesaid or any seven or more of them shall appoint some other place or places being a Market Town or Towns And the said Commissioners or any seven or more of them shall by Warrant under their hands and seals declare the places and times of their after-méeting which Warrant shall be published in the open Market of such respective places where they last sate betwéen the hours of Twelve Two upon some Market day one moneth at the least before the said time or times of méeting To the end all persons concerned may have sufficient time and notice to make their appearance before them upon any cause of complaint or other occasion And shall have power and authority by Warrant under the hands and seals of any seven or more of them to summon Parties and Witnesses to appear before them Provided That none of the said Commissioners hereby constituted or hereafter to be constituted as aforesaid shall Vote or give his Iudgment or Determination in any matter or thing which concerns the Division and Bounds of the County of or for which he is appointed Commissioner Provided also That no person who
to such Hundred Division Constablewick Parish or place respectively and to every person charged within the said Sub-collectors or Head-collectors charge against His Majesty His Heirs and Successors for the sum or sums of money so acquitted Lands and houses that lie unoccupied Provided alwayes and be it further Enacted That in case any Lands or Houses in any Parish Place or Constablewick shall lie unoccupied and no distresses can be found on the same by reason whereof the said Parish Place or Constablewick are forced to pay and make good the Tax assessed upon such Lands lying unoccupied That then it shall and may be lawful at any time after for the Collectors Constable or Tythingman of the said Parish Place or Constablewick for the time being to enter and distrain upon the said Lands and Houses when there shall be any distress thereupon to be found And the distress and distresses being the proper goods of the Owner or any claiming any Estate interest or profit under him if not redeemed within four days by payment of the Tax and charge of the distress to sell rendring the Overplus to the Owner or Owners of such distresse And the said Collector Constable or Tythingman is hereby enjoyned to distribute the money raised by the said Distresse or Sale thereof proportionably to the Parties who contributed to the Tax of the said unoccupied Lands Woodlands Provided alwayes and be it Enacted That where any Wood-lands shall be assessed and no Distress can be had that in such case it shall and may be lawful to and for any Sub-collector Constable Head-borough or Tythingman by Warrant under the Hands and Seals of two or more of the Commissioners in that Hundred or Division at seasonable time of the year to cut and sell to any person or persons so much of the Wood growing on the said Woodlands so assessed as will pay the Assessment or Assessments so behind and unpaid and the charge incident thereunto And that it shall and may be lawful for the person and persons and his Assigns to whom such Wood shall be so sold to sell cut down dispose and carry away the same to his own use rendring the overplus if any be to the Owner Any Law to the contrary notwithstanding Tythes Tolls Markets Fairs Fisheries c. Provided alwayes and be it further Enacted That where any Tax or Assessment shall be charged or laid upon any Tythes Tolls Profits of Markets Fairs or Fishery or other annual profits not distrainable in case the same shall not be paid within fiftéen dayes after such Assessment so charged or laid and demanded then it shall be lawful to and for the Sub-collector Constable or other Officer thereunto appointed by Warrant under the Hands and Seals of any two or more of the Commissioners authorised by this Act to seize take and sell so much of the said Tythes Tolls and other Profits so charged as shall be sufficient for the levying of the said Tax and Assessment and all charges occasioned by such non-payment thereof rendring the overplus to the Owner if any be Middlesex Westminster And whereas the County of Middlesex and City of VVestminster are raised in the Monethly Assessment by reason of the new Buildings lately erected And that Offices are made chargeable towards the payment of such Assessment To the end that an equal rate may be made and imposed upon the severall Divisions Parishes and Hamlets within the said County and City Be it Enacted by this present Parliament and by the Authority thereof That the said Commissioners appointed for the said County and City of VVestminster or any three of them shall if they shall think it fit cause two or three of the honest and able Inhabitants in the several and respective Parishes Townships and Places within the said County and City to be named and appointed Assessors who or any two of them are to ascertain and rate the yearly value and profits of all Offices belonging to the Courts of VVestminster and other Offices chargeable by this Act towards the payment of the said sum set upon the said County and City And all Townships Parishes and Places for which they be appointed Assessors and to return the same to the said Commissioners or to such person or persons as shall be appointed to receive the same which said Assessors are to deliver in their several Surveys perfected and subscribed by them unto the said Commissioners or to such person or persons as shall be appointed by them or any thrée of them to receive the same two or three dayes at the least before the second General meeting of the said Commissioners to the end that the said Commissioners may deliver in all the several Surveys to be made throughout the said County at the said second General meeting At which said Generall meeting the said Commissioners or the major part of them then present shall upon view and perusal of the said several Surveys cast up the true Revenue and yearly Profits of the whole County City and Offices aforesaid to the end that an equal Pound-rate may be apportioned upon every Office chargeable by this Act Division Hundred Township and Parish according to the proportion and sum of money charged upon the said County and City by vertue of this present Act which the said Commissioners or the major part of them then and there assembled are by vertue of this Act authorised and appointed to proportion and make accordingly Provided always That nothing herein contained shall be drawn into example Proviso to the prejudice of the ancient Rights belonging unto the Lords Spiritual and Temporal or Clergy of this Realm or unto either of the Vniversities or unto any Colledges Schools Alms-houses Hospitals or Cinque-Ports CAP. II. The Measures and Prices of Coals regulated FOr avoiding the manifold deceits Deceâ—ts and â—xations in selling of Coals exactions and abuses used in the Measures and Sales of Coales and for preventing the like and the better regulation thereof for the time to come 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 Sixth day of March in the year of our Lord One thousand six hundred â—â—xty four all sorts of Coal commonly called Sea-Coals brought into the River of Thames and sold shall be sold by the Chaldron Sea coal measure containing Thirty six Bushels heap'd up and according to the Bushel Seal'd for that purpose at Guildhall in London and so for a greater or lesser quantity And that all other sorts of Coals coming from Scotland and other places commonly sold by Weight and not by Measure Coals from Scotland shall be sold by Weight after the proportion of a hundred and twelve pound to the hundred of Avoir dupois weight without any fallacy or deceit upon pain of Forfeiture of all
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
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
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
of this duty be first paid and satisfied by the said Victualler or Retailer to the Brewer or Maker thereof Provided alwayes That if any person or persons shall brew and sell by retail any small quantities of béer or ale in any Fair within this Realm Proviso for Beer and Ale sold in Fairs or Dominions aforesaid who is not otherwise any common or usual Brewer or Retailer thereof and shall before any such selling and retailing thereof well and truly pay and satisfie the duty due for the same to the Commissioners or Sub-Commissioners within whose Limits or Division the said Fair shall be held or to their Officers thereunto appointed Then such person or persons so brewing or retailing the same and for so much and no more nor otherwise shall be freed and discharged from all penalties and forfeitures in and by this Act before mentioned and imposed Any thing therein contained to the contrary notwithstanding Provided nevertheless that it shall and may be lawful to and for the said Commissioners The Commissioners may compound for the Excise in their Divisions and Sub-Commissioners respectively to compound for this Duty with any Inn-kéeper Victualler Alehouse-kéeper or Retailer of Béer Ale and other the Liquors aforesaid within their respective Divisions from time to time and in such manner and form as may be most for the advantage and improvement of the receipts thereof Any thing in this Act before contained to the contrary notwithstanding And it is further Ordained and Enacted by the Authority aforesaid That the Lord Treasurer The power of the Lord Treasurer c. to contract for farming any the rates or duties in this Act. or Commissioners of the Treasury for the time being or such other person or persons as His Majesty His Heirs and Successors shall appoint shall have power and are hereby authorised and impowered from time to time to treat contract conclude and agrée with any person or persons for or concerning the Farming of all or any the Rates Duties and Charges in this Act mentioned upon Béer Ale Perry Syder or other the Liquors aforesaid in any the respective Counties Cities or Places of this Realm or Dominions thereof as may be for the greatest benefit and advantage of the said Receipt so as the same excéed not the term of Thrée years And be it further Enacted That every such Contract Bargain and Agréement of the Lord Treasurer or Commissioners of the Treasury or other persons aforesaid on behalf of His Majesty on the one part and the person or persons farming on the other part shall be good and effectual in Law to all intents and purposes Provided alwayes to the end the aforesaid duty may be paid with most ease to the people Persons to be approved by the Iustices of the Peace c. within six moneths to have the refusal of contracting for the Excise in these respective Counties It is hereby further Enacted That the Lord Treasurer Commissioners of the Treasury or other persons aforesaid shall not within six moneths after the Commencement of this Act treat conclude or agrée with any person or persons touching the Farming of this duty upon Béer and Ale in any the respective Counties or Places of this Realm or Dominions thereof other then with such person or persons as by the Iustices of Peace of the said Counties or places or the major part of them at their publick Quarter Sessions shall be nominated and appointed in that behalf which person or persons is to have the first refusal of any such Farm respectively and may take the same Any thing in this Act to the contrary thereof in any wise notwithstanding Provided that the said duty shall not be let to any person or persons then to the person or persons recommended by the Iustices under the rate that it shall be tendred to and refused by such person or persons so recommended And be it further Enacted and Ordained by the Authority aforesaid Forfeiture and offences within this Act how to be determined That all forfeitures and offences made done and committed against this Act or any clause or article therein contained shall be heard adjudged and determined by such person or persons and in such manner and form as hereafter in and by this Act is directed and appointed that is to say all such forfeitures and offences made and committed within the immediate limits of the chief Office in London shall be heard London adjudged and determined by the said chief Commissioners and Governors of Excise appointed by His Majesty or the major part of them or by the Commissioners for Appeals and regulating of this duty or the major part of them in case of Appeal and not otherwise Counties Cities c. within this Kingdom And all such forfeitures and offences made and committed within all or any other the Counties Cities Towns or Places within this Kingdom or Dominions thereof shall be heard and determined by any two or more of the Iustices of the Peace residing near to the place where such forfeitures shall be made or offence committed Neglects of the Iustices And in case of neglect or refusal of such Iustices of the Peace by the space of fourtéen dayes next after complaint made and notice thereof given to the Offender then the Sub-Commissioners or the major part appointed for any such City County Town or Place shall and are hereby impowered to hear and determine the same And if the party find himself aggrieved by the Iudgment given by the said Sub-Commissioners he shall and may appeal to the Iustices of the Peace at the next Quarter Sessions who are hereby impowered and authorised to hear and determine the same whose Iudgment therein shall be final which said Commissioners for Appeals and regulating of this duty and the chief Commissioners for Excise and all Iustices of Peace and Sub-Commissioners aforesaid respectively are hereby authorised and strictly enjoyned and required upon any complaint or information exhibited and brought of any such forfeiture made or offence committed contrary to this Act to summon the party accused and upon his appearance or contempt to procéed to the examination of the matter of Fact and upon due proof made thereof either by the voluntary confession of the party or by the oath of one or more credible witnesses which Oath they or any two or more of them have hereby power to administer to give Iudgment or Sentence Levying the forfeitures according as in and by this Act is before ordained and directed And to award and issue out Warrants under their hands for the levying of such forfeitures penalties and fines as by this Act is imposed for any such offence committed upon the Goods and Chattels of the Offender and to cause Sale to be made of the said Goods and Chattels if they shall not be redéemed within fourtéen days rendring to the party the overplus if any be and for want of sufficient Distress to imprison the party
offending till satisfaction be made Power to mitigate the forfeitures Provided nevertheless That it shall and may be lawful to and for the said respective Iustices of Peace Commissioners for Excise or any two of them or their Sub-Commissioners respectively from time to time where they shall sée cause to mitigate compound or lessen such forfeiture penalty or fine as in their discretion they shall think fit And that every such mitigation and payment thereupon accordingly made shall be a sufficient discharge of the said penalties and forfeitures to the persons so offending so as by such mitigation the same be not made less than double the value of the duty of Excise which should or ought to have béen paid besides the reasonable costs and charges of such Officer or Officers or others as were imployed therein to be to them allowed by the said Iustices any thing in this Act to the contrary in any wise notwithstanding How the forfeitures shall be imployed And it is hereby further Enacted and Ordained That all Fines Forfeitures and Penalties mentioned in this Act all necessary charges for the recovery thereof being first deducted shall be imployed thrée fourth parts thereof to and for the use of the Kings Majesty and one fourth part to the Discoverer or Informer of the same And for the better managing collecting securing levying and recovering of all and every the said rates and charges of Excise hereby imposed and set upon all or any of the Commodities before mentioned One principal Office of Excise erected in London to the end the same may be paid and disposed of according to the intent of this present Act Be it further Enacted and Ordained by the authority aforesaid and it is hereby Enacted That one principal Head-Office shall be erected and continued in the City of London or within ten miles thereof from time to time as long as his Majesty shall think fit for this duty unto which all other Offices for the same within England and Wales and the Town and Port of Berwick shall be subordinate and accomptable Which said Office shall be managed by such Officers as shall be appointed by the Kings Majesty as aforesaid who or any two of them are hereby appointed and constituted Commissioners and Governours for the management of His Majesties Receipt of the Excise and to sit in some convenient place in the City of London or within ten miles thereof from time to time as long as his Majesty shall think fit And be it Enacted by the Authority aforesaid That no person or persons shall be capable of intermedling with any Office or Imployment relating to the Excise until he or they shall before two or more Iustices of Peace in the County where his or their imployments shall be or before one of the Barons of the Exchequer take the Oaths of Allegiance and Supremacy which Oaths they have hereby power to Administer together with this Oath following Mutatis Mutandis The Oath YOU shall swear to execute the Office of _____ truly and faithfully without Favour or Affection and shall from time to time true Accompt make and deliver to such person and persons as His Majesty shall appoint to receive the same and shall take no Fee or Reward for the Execution of the said Office from any other person than from His Maiesty or those whom His Majesty shall appoint in that behalf London Westminster c. to be under the management of the chief Office And be it further Enacted by the Authority aforesaid That every such Iustice of Peace shall certify the taking of such Oath to the next Quarter-Sessions there to be Recorded And it is further Enacted That all parts of the Cities of London and Westminster with the Burrough of Southwark and the several Suburbs thereof and Parishes within the wéekly Bills of Mortality shal be under the immediate care inspection and management of the said Head-Office and such and so many subordinate Commissioners All Commissioners c. to be nominated by his Maiesty and Sub-Commissioners and other Officers and Ministers for the Execution of the Premisses shall be from time to time nominated and appointed by His Maiesty his Heirs and Successors in all and every other the Counties Cities Towns and Places within this Kingdom of England Dominion of Wales and Port of Berwick as from time to time his Majesty his Heirs and Successors shall think fit And it is hereby further Enacted That the said Office of Excise in all places where it shall be appointed shall be kept open from eight of the Clock in the morning Times in which the Office shall be kept open till twelve of the Clock at noon and from two of the Clock in the Afternoon till five of the Clock in the Afternoon for the due execution and performance of all and every the matters and things in this Act appointed and required And it is further hereby Enacted That the said Chief Commissioners of Excise or the major part of them shall from time to time issue forth and pay such sum and sums of money as shall from time to time be received collected or levyed by vertue of this Act into his Majesties Receipt of Exchequer The general â—â—â—ue pleadable in any action upon this Statute Provided alwayes and be it Enacted That if any person or persons shall at any time be sued or prosecuted for any thing by him or them done or executed in pursuance of this Act he or they shall and may plead the general issue and give this Act in evidence for his defence and if upon the Tryal a Verdict shall pass for the Defendant or Defendants or the Plaintiff or Plaintiffs be Non-suit then such Defendant or Defendants shall have double costs to him or them awarded against such Plaintiff or Plaintiffs Writs of Certiorari no supersedeas Provided also and be it Enacted That no Writ or Writs of Certiorari shall supersede Execution or other Procéedings upon any Order or Orders made by the Iustices aforesaid in pursuance of this Act but that Execution and other procéedings shall and may be had and made thereupon any such Writ or Writs or allowance thereof notwithstanding Proviso as to the Act of General pardon Provided That this Act or any thing therein contained shall not extend or be construed to extend in any matter to weaken or invalidate one Act of this present Parliament Entituled An Act of Free and General Pardon Indempnity and Oblivion but that every Clause Article Matter and thing therein mentioned and comprised shall notwithstanding this Act or any matter or thing therein remain good and valid and be of the same force vertue and effect as if this Act had never béen made Provided alwayes and be it further Enacted That this Act or any thing therein contained Proviso concerning Ed. Backwell shall not be prejudicial to Edward Backwell Alderman of London as to the sum of twenty eight thousand four hundred
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
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