paratus est verificare or Hoc paratus est verificare per Recordum or for not alledging Prout patet per Recordum or for that there is no right Venue so as the Cause were tried by a Iury of the proper County or Place where the Action is laid Nor any Iudgment after Verdict Confession by Cognovit Actionem or Relicta verificatione shall be reversed for want of Misericordia or Capiatur or by reason that a Capiatur is entred for a Misericordia or a Misericordia is entred where a Capiatur ought to have been entred Nor for that Ideo concessum est per Curiam is entred for Ideo consideratum est per Curiam nor for that the Increase of Costs after a Verdict in an Action or upon a Nonsuit in Replevin are not entred to be at the request of the party for whom the Iudgement is given nor by reason that the Costs in any Iudgment whatsoever are not entred to be by consent of the Palintiff but that all such Omissions Variances Defects and all other matters of like nature not being against the right of the matter of the suit nor whereby the Issue or Trial are altered shall be amended by the Iustices or other Iudges of the Courts where such Iudgements are or shall be given or whereunto the Record is or shall be removed by Writ of Error Proviso for Appeals Indictments Actions upon penal Laws other then for Customs and Subsidies Provided alwayes and be it further Enacted by the Authority aforesaid That this Act or any thing therein contained shall not extend to any Writ Declaration or suit of Appeal of Felony or Murder nor to any Indictment or Presentment of Felony Murder Treason or other matter nor to any Processe upon any of them nor to any Writ Bill Action or Information upon any penal Statute other then concerning Customes and Subsidies of Tunnage and Poundage Any thing in this Act contained to the contrary thereof in any wise notwithstanding And be it further Enacted by the Authority aforesaid That from and after the Twentieth day of March III. In what cases execution shall not be stayed by Writ of Error but upon Recognizance entred according to ◠Jac. cap. 8. in the Year of our Lord One thousand six hundred sixty and four no Execution shall be stayed in any of the aforesaid Courts by Writ of Error or Supersedeas thereupon after Verdict and Iudgment thereupon in any Action personal whatsoever unless a Recognizance with Condition according to the Statute made in the Third year of the Reign of our late Soveraign Lord King James shall be first acknowledged in the Court where such Iudgement shall be given And further That in Writs of Error to be brought upon any Iudgement after Verdict in any Writ of Dower or in any Action of Ejection◠Firmae no execution shall be thereupon or thereby stayed unless the Plaintiff or Plaintiffs in such Writ of Error shall be bound unto the Plaintiff in such Writ of Dower or Action of Ejectione firmae in such reasonable sum as the Court to which such Writ of Error shall be directed shall think fit with Condition that if the Iudgment shall be affirmed in the said Writ of Error or that the said Writ of Error be discontinued in default of the Plaintiff or Plaintiffs therein or that the said Plaintiff or Plaintiffs be nonsuit in such Writs of Error that then the said Plaintiff or Plaintiffs shall pay such Costs Damages and sum and sums of Money as shall be awarded upon or after such Iudgment affirmed Discontinuance or Nonsuit had And to the end that the same sum and sums and damages may be ascertained Proviso touching judgment in Dower and Ejectione firmae It is further Enacted That the Court wherein such Execution ought to be granted upon such Affirmation Discontinuance or Nonsuit shall issue a Writ to enquire as well of the mean profits as of the damages by any Waste committed after the first Iudgment in Dower or in Ejectione firmae And upon the Return thereof Iudgment shall be given and Execution awarded for such Mesne-profits and damages and also for Costs of Suit Provided That this Act nor any thing therein contained shall not extend to any Writ of Error to be brought by any Executor or Administrator nor unto any Action popular To what actions this Act shall not extend nor unto any other Action which is or hereafter shall be brought upon any Penal Law or Statute except Actions of Debt for not setting forth of Tythes nor to any Indictment Presentment Inquisition Information or Appeal Any thing herein before expressed to the contrary thereof in any wise notwithstanding Provided always That this Act shall continue in force for three years The continuance of this Act. and to the end of the next Session of Parliament after the expiration of the said thrée years and no longer CAP. IX The Chancellour of the Dutchy impowred to grant Commissions for taking Affidavits within the Dutchy-Liberties FOr the greater ease and benefit of the Inhabitants within the County Palatine of Lancaster and other places within several other Counties of this Kingdom within the Survey of the Court of dutchy-Dutchy-Chamber at VVestminster in the taking of Affidavits in the County to be made use of and read in Causes depending and to be depending within the said Court Be it Enacted by the Kings most Excellent Maiesty by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same That the Chancellor of the said Dutchy and County Palatine of Lancaster for the time being shall and may by one or more Commission or Commissions from time to time as need shall require impower what and as many persons as he shall think fit and necessary within the said County Palatine and other Dutchy Liberties to take and receive all and every such Affidavit or Affidavit's as any person or persons shall be willing and desirous to make before any of the persons so impowred in or concerning any cause matter or thing depending or hereafter to be depending in the said Court of Dutchy-Chamber as Masters of Chancery in Extraordinary do use to do which said Affidavits shall be filed in the Office of the Clerk of the Court of the Dutchy and then be read and made use of in the said Court to all intents and purposes as other Affidavits taken in the said Court now are Provided That for the taking of every such Affidavit the person or persons so impowred and taking the same shall for so doing receive only the Sum or Fée of Twelve pence and no more CAP. X. An Act for Repairing the High-ways within the County of Hertford continued WHereas by a late Act of Parliament Intituled An Act for repairing the High-ways within the Counties of Hertford Cambridg and Huntington It was Enacted 15 Car. 2. c. 1. That for the Repairing of
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
hundred fourty and one shall put in execution any Letters Patents Proclamation Edict Act Order Warrant Restraint or other Inhibition whatsoever whereby the Importation of Gun-powder Salt-peter Brimstone or other the materials aforementioned or any of them from Forraign parts or the making of Gun-powder within this Realm shall be any way prohibited or restrained That then the said person and persons so offending shall incur and sustain the pains penalties and forfeitures contained and provided in the Statute of provision and premunire made in the Sixtéenth year of King Richard the Second CAP. XXII A Subsidy granted to the King of Tunnage Poundage and other sums of Money Tunnage Poundage payable upon Merchandize Exported and Imported from the 9th of August 1641. to the first of December next EXP. CAP. XXIII An Act for the better raising and Levying of Mariners Sailers and others Mariners for the present guarding of the Seas EXP. CAP. XXIV For Relief of Captives taken by Turkish and other Pyrats Captive and one per Cent. on Customable goods for three years to be paid and received by the Lord Mayor and Chamberlain of London for that purpose EXP. CAP. XXV A Subsidy granted to the King of Tunnage Poundage c. from the last of November 1641. Tunnage Poundage to the first of February next and the like until the second of July 1642. EXP. CAP. XXVI For the better Raâ—sing and Levying of Mariners Sailers and others Mariners for the present guarding of the Seas EXP. CAP. XXVII Persons in Holy Orders shall not exercise certain temporal powers and authorities Persons in Holy Orders REP. Stat. 13 Car. 1. cap. 2. CAP. XXVIII For the better Raising and Levying of Souldiers for the present defence of the Kingdoms of England and Ireland Souldiers EXP. CAP. XXIX A Subsidy granted to the King of Tunnage and Poundage Tunnage Poundage and other sums of Money payable upon Merchandize Exported and Imported from the last of January 1641. to the 25th of March next ensuing EXP. CAP. XXX A Contribution and Loan towards the Relief of Ireland Contribution EXP. CAP. XXXI A Subsidy granted to the King of Tunnage and Poundage Tunnage Poundage and other sums of Money payable upon Merchandize exported and imported from the second of May 1642. to the second of July next following EXP. CAP. XXXII For the Raising and Levying of Moneys for the necessary defence and great affairs of the Kingdoms of England and Ireland and for the payment of Debts undertaken by the Parliament Ireland EXP. CAP. XXXIII An Act for the speedy and effectual reducing of the Rebels in Ireland EXP. CAP. XXXIV Certain Clauses explaining another Act for the reducing the Rebels in Ireland EXP. CAP. XXXV Corporations and Bodies Politick enabled to partake of the benefit of an Act for reducing the Rebels in Ireland EXP. CAP. XXXVI A Subsidy granted to the King of Tunnage Poundage and other sums of Money Tunnage Poundage payable upon Merchandize exported and imported from the 14th of March 1641. to the third of May next ensuing EXP. CAP. XXXVII For the further advancement of an effectual and speedy Reduction of the Rebels in Ireland EXP. Anno Regni Caroli II. Regis Angliae Scotiae Franciae Hiberniae Duodecimo AT the Parliament begun at Westminster the Five and twentieth day of April Anno Dom. 1660. In the Twelfth Year of the Reign of Our most Gracious Soveraign Lord CHARLES the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. And there continued until the Nine and twentieth day of December then next following and then Dissolved by his Majesty To the high pleasure of Almighty God and to the weal publick of this Realm were Enacted as followeth CAP. I. The Assembling and Sitting of this present Parliament St. 17 Car. 1. cap. 7. St. 13 Car. 2. cap. 1. The Parliament begun 3 Nov. 16 Car. declared to be dissolved St. 13 Car. 2. cap. 1 The Lords and Commons now sitting declared to be the two Houses of Parliament FOr the preventing all Doubts and Scruples concerning the Assembling Sitting and Procéeding of this present Parliament Be it Declared and Enacted and it is Declared and Enacted by the King our Soveraign Lord and by the Lords and Commons in Parliament assembled and by Authority of the same That the Parliament begun and holden at Westminster the third day of November in the Sixtéenth year of the Reign of the late King CHARLES of blessed Memory is fully Dissolved and Determined And that the Lords and Commons now sitting at Westminster in this present Parliament are the Two Houses of Parliament and so shall be and are hereby Declared Enacted and Adjudged to be to all Intents Constructions and purposes whatsoever notwithstanding any want of the Kings Majesties Writ or Writs of Summons or any Defect or Alteration of or in any Writ or Writs of Summons or any other Defect or Default whatsoever as if this Parliament had béen Summoned by Writ or Writs in his Majesties Name according to the usual Form and as if His Majesty had béen present in person at the Assembling and Commencement of this present Parliament Provided alwayes That this Parliament may be dissolved by his Majesty after the usual manner as if the same had béen summoned by Writ or Writs in his Majesties Name The Kings assent to this Act shall not determine this Session Provided also and it is hereby Enacted That His Majesties Royal Assent to this Bill shall not determine this present Session of Parliament CAP. II. An Act for putting in Execution an Ordinance mentioned in the said Act for an Assessment of 70000 l. per mensem for three Months EXP. CAP. III. Process and Judicial Proceedings Continued WHereas the four first Returns of Easter Term in the year One thousand six hundred sixty of late called from Easter day in fiftéen dayes from Easter day in thrée wéeks from Easter day in one Moneth and from Easter day in five wéeks or any of them cannot be conveniently kept or holden Now for avoiding all manner of discontinuances whatsoever which by occasion thereof should or might happen or be in any Matter or cause whatsoever Process Writs c. shall not be discontinued for not holding certain dayes of Return in any the Courts at Westminster Be it Enacted by the Kings most Excellent Majesty and the Lords and Commons Assembled in Parliament That no Pleas Writs Bills Actions Suits Plaints Process Precepts or other thing or things whatsoever Pleaded Returned or Depending or having day or dayes in any of the said Courts in or at the said several Returns or any of them or at any other day or dayes certain after any of the said Returns shall be in any wise discontinued or put without day for or by reason of the not kéeping or holding of the said Returns or dayes or any of them but that all
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
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
the Coals which shall be otherwise sold or exposed to sale by any Woodmonger or Retailer of Coals and the double value thereof to be recovered by any person or persons that will prosecute for the same in any Court of Record or by way of complaint made unto the Lord Mayor of London for the time being and Iustices of Peace within the City of London and Liberties thereof or to any two of them or to the Iustices of Peace of the several and respective Counties and Places where such Coals shall be exposed to sale or any of them who are hereby Impowred and Required to call the Parties before them and to hear and examine such Complaint upon Oath which by vertue of this Act is to be administred by them or any Two of them and upon due proof thereof made to their satisfaction to Convict the Offenders and to give Warrant under their Hands and Seals for levying the Forfeitures accordingly the one half thereof to be to and for the use of the person or persons so prosecuting or complaining and the other half to and for the use of the Poor or repairing of the High-wayes within the same Parish or any other adjoyning Parish or Parishes to be appointed and apportioned by the direction of the said Lord Mayor and Iustices by such their Warrant as aforesaid And the said Lord Mayor of London and the Court of Aldermen for the time being Who may set Rates upon Coals in London and the Iustices of Peace of the several Counties respectively or any thrée or more of them whereof one to be of the Quorum are hereby impowred to set the Rates and Prises of all such Coals as shall be sold by Retail as they from time to time shall judge reasonable allowing a competent profit to the said Retailer beyond the price paid by him to the Importer and the ordinary charges thereupon accruing And that if any Ingrosser or Retailer of such Coals shall refuse to sell as aforesaid Ingrossers or Retailers refusing to â—ell at the said Rates That then the said Lord Mayor and Aldermen and Iustices of Peace respectively are hereby authorised to appoint and impower such Officer or Officers or other persons as they shall think fit to enter into any Wharf or other place where such Coals are stored up And in case of refusal taking a Constable to force entrance and the said Coals to sell or cause to be sold at such Rates as the said Lord Mayor and Aldermen and Iustices respectively shall judge reasonable rendring to such Ingrosser or Retailer the money for which the said Coals shall be so sold necessary charges being deducted The continuance of this Act. Provided That this Act shall continue for thrée years next ensuing and thenceforth to the end of the next Session of Parliament and no longer Provided also That no person or persons that shall be sued by vertue of this Act for not observing thereof shall be sued upon any other Act or Law now in force for the same offence And if any Action shall be commenced against any Iustice of Peace Persons sued upon this Act may plead the general issue Constable or other Officer or Person for any thing done by colour of this Act the Defendant in every such Action may plead the general Issue and give the special matter in Evidence And if the Verdict be found for him or the Plaintiff become Non-suited shall recover and have his Damages and double Costs of suit for his unjust Vexation in that behalf Who may not act in setting Rates upon Coals Provided always That no Person having any Interest in any Wharf used for the receiving or uttering of Coals or that doth or shall Trade by himself or others in his own or any other name in the sale of any Coals or the Engrossing the same in order to sell the same and not for his own private use onely shall act or otherwise intermeddle in the setting the Price of Coals Any thing in this Act to the contrary in any wise notwithstanding CAP. III. For the Returning of able and sufficient Jurors FOr the returning of more able and sufficient Iurors for Trials hereafter to be had betwéen Party and Party and for reformation of abuses in Sheriffs and other Ministers who for reward do oftentimes spare the ablest and sufficientest and return the poorer and simpler Fréeholders less able to discern the Causes in question and to bear the charges of appearance and attendance thereon Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same Iurors for trials of issues shall have 20 l. per annum Freehold That all Iurors other then Strangers upon Tryals per medietatem linguae who are to be returned for the Tryals of Issues joyned in any of the Kings Majesties Courts of Kings Bench Common-Pleas or the Exchequer or before Iustices of Assize or Nisi Prius Oyer and Terminer Gaol-Delivery or General or Quarter-Sessions of the Peace from and after the twentieth day of April which shall be in the year of our Lord One thousand six hundred sixty five in any County of this Realm of England shall every of them then have in their own name or in trust for thâ—â— within the same County twenty pounds by the year at least above reprises in their own or their wives right of Free-hold Lands or of ancient Demesne or of Rents in Fee Fee-tail or for life And that in every County within the Dominion of Wales every such Iuror shall then have within the same eight pounds by the year at the least above reprises in manner aforesaid All which Persons having such Estate as aforesaid are hereby enabled and made lyable to be returned and to serve as Iurors for the Tryal of Issues before the Iustices aforesaid Any Law or Statute to the contrary in any wise notwithstanding And if any of a lesser Estate and value shall be respectively returned upon any such Iury or Tales in default of such Iurors it shall be a good cause of Challenge and the Party returned shall be discharged upon the said Challenge or his own Allegation and Oath thereof And that no Iury-mans Issues making default shall be saved but by special Order of the Iudge or Iudges before whom the Issue is to be tryed Issues of Iurors upon default for some just and reasonable cause proved upon Oath before the same Iudge or Iudges And all such Issues shall be duly estreated and levied The Ven ' fac And that the Writ of Venire facias which from and after the aforesaid time shall be awarded and directed for the impannelling of Iuries in cases aforesaid within any County of England shall be in this form Rex c. Praecipimus c. quod venire fac coram c. duodecem liberos legales homines
HONI · SOIT · QVI MAL · Y · PENSE DIEV · ET · MON · DROIT · A COLLECTION OF THE STATUTES Made in the REIGNS of King Charles the I. AND King Charles the II. With the ABRIDGMENT of such as stand Repealed or Expired Continued after the Method of Mr. PULTON WITH Notes of References one to the other as they now stand Altered Enlarged or Explained TO WHICH ALSO ARE ADDED The Titles of all the Statutes and Private Acts of PARLIAMENT Passed by their said MAJESTIES untill this present Year M.DC.LXVII With a TABLE directing to the Principal Matters of the said STATUTES By THO MANBY of Lincolns-Inn Esq LONDON Printed by John Streater James Flesher and Henry Twyford Assigns of Richard Atkyns and Edward Atkyns Esquires Anno Dom. 1667. Cum Gratia Privilegio Regiae Majestatis A View and Digest of the Heads and Titles of the several STATUTES from the First Year of King CHARLES the First untill this present time according to the Order of Statutes in this Book mentioned Anno Primo CAROLI primi nuper Regis Angliae c. 1 AN Act for punishing of divers Abuses on the Lords Day called Sunday Cap. 1. Fol. 1. 2 An Act to enable the King to make Leases of Lands parcel of his Highness Dutchy of Cornwal or annexed to the same Cap. 2. fol. 1. 3 An Act for the Ease of obtaining Licences of alienation and in the pleading of alienations with Licence or of Pardons of alienations without Licence in the Court of Exchequer or elsewhere Cap. 3. fol. 2. See Stat. 12 Car. 2. cap. 24. 4 An Act for the further Restraint of Tipling in Inns Ale-houses and other Victualling-houses Cap. 4. fol. 2. 5 An Act for the Confirmation of the Subsidies granted by the Clergy Cap. 5. fol. 3. EXP. 6 An Act for the Grant of two entire Subsidies granted by the Temporalty Cap. 6. fol. 3. 7 An Act that this Session of Parliament shall not determine by his Majesties Royal Assent to this and some other Acts Cap. 7. fol. 3. Anno Tertio Caroli Primi Regis c. THe Petition exhibited to his Majesty by the Lords Spiritual and Temporal and Commons in this present Parliament assembled concerning divers Rights and Liberties of the Subject with the Kings Majesties Royal Answer thereunto in full Parliament Folio 3. 1 An Act for the further Reformation of sundry abuses committed on the Lords Day commonly called Sunday Cap. 1. fol. 5. 2 An Act to Restrain the passing or sending of any to be Popishly bred beyond the Seas Cap. 2. fol. 5. 3 An Act for the better suppressing of Unlicensed Ale-house-keepers Cap. 3. fol. 6. 4. An Act for Continuance of divers Statutes and for Repeal of divers others Cap. 4. fol. 7. 5 An Act for the establishing of the Estates of the Tenants of Bromfeild and Yale in the County of Denbigh and of the Tenures Rents and Services thereupon reserved according to a late composition made for the same with the Kings Majesty then Prince of Wales Cap. 5. fol. 11. 6 An Act for Confirmation of the Subsidies granted by the Clergy Cap. 6. fol. 11. EXP. 7 An Act for the grant of Five entire Subsidies granted by the Temporalty Anno Quarto Caroli Regis Cap. 7. fol. 11. Anno Decimo sexto decimo septimo Caroli Primi Regis c. 1 AN Act for the preventing of Inconveniences happening by the long intermission of Parliaments Cap. 1. fol. 11. Rep. and Alt. 16 Car. 2. cap. 1. 2 An Act for the Relief of his Majesties Army and the Northern Parts of this Kingdom Cap. 2. fol. 11. EXP. 3 An Act for the Reforming of some things mistaken in the late Act made in this Parliament for the granting of Four Subsidies Entituled An Act for the Relief of his Majesties Army in the Northern Parts c. Cap. 3. fol. 11. EXP. Anno decimo septimo Caroli Primi Regis c. 4 AN Act for the further Relief of his Majesties Army in the Northern Parts of this Kingdom Cap. 4. Fol. 11. 5 An Act for the better raising and levying of Marriners Saylers and others for the present Guarding of the Seas Cap. 5. fol. 12. EXP. 6 An Act concerning the limitation and abbreviation of Michaelmas Term Cap. 6. fol. 12. 7 An Act to prevent Inconveniences which may happen by the untimely Adjourning Proroguing or dissolving of this present Parliament Cap. 7. fol. 14. EXP. 8 A Subsidy granted to the King of Tunnage and Poundage and other sums of money payable upon Merchandizes Exported and Imported Cap. 8. fol. 14. EXP. 9 An Act for the speedy Provision of Money for Disbanding of the Army and setling the Peace of the two Kingdoms of England and Scotland Cap. 9. fol. 14. EXP. 10 An Act for Regulating the Privy Council and taking away the Court commonly called the star-Star-Chamber Cap. 10. fol. 14. 11 An Act for Repeal of a Branch of a Statute 1 Eliz. concerning Commissioners for Causes Ecclesiastical Cap. 11. fol. 16. 12 A Subsidy granted to the King of Tunnage and Poundage and other Sums of money payable upon Merchandise Exported and Imported Cap. 12. fol. 17. EXP. 13 An Act for securing of Moneys due or to be due to the Inhabitants of the County of York and other adjoyning Counties wherein his Majesties Army is or hath been Billited c. Cap. 13. fol. 18. EXP. 14 An Act Declaring unlawful and void the late proceeding touching Ship-Money and for the vacating of all Records and Process concerning the same Cap. 14. fol. 18. 15 An Act against divers Incroachments and oppressions in the Stannary Courts Cap. 14. fol. 19. 16 An Act for the certainty of Forrests and of the Meers Meets Limits and Bounds of the Forest Cap. 6. fol. 21. 17 An Act for the Confirmation of the Treaty of Pacification of England and Scotland Cap. 17. fol. 22. EXP. 18 An Act for securing the Publique Faith the remainder of the friendly assistance and relief promised to our Brethren of Scotland Cap. 18. fol. 22. EXP. 19 An Act for the Regulating of the Clerk of the Market and for the Reformation of false Weights and Measures Cap. 19. fol. 22. 20 An Act to prevent vexatious proceeding touching the Order of Knight-hood Cap. 20. fol. 24. 21 An Act for the free bringing in Gun-powder and Salt-Peter from foreign Parts and for the free making of Gun-powder in this Realm Cap. 21. fo 24 22 A Subsidy granted to the King of Tunnage and Poundage and other Sums of money payable upon Merchandise Exported and Imported Cap. 22. fol. 25. 23 An Act for the Raising of Mariners and Saylers for the Guarding of the Seas and his Majesties Dominions Cap. 23. fol. 25. EXP. 24 An Act to relieve Captives taken by the Turks and to prevent the taking of others hereafter Cap. 24. fol. 25. EXP. 25 A Subsidy granted to the King of Tunnage and Poundage and other Sums of money payable upon Merchandizes Exportable and Importable Cap. 25.
of the reign of the late Quéen Elizabeth intituled An Act touching leases of Benefices and other Ecclesiastical livings with Cure together with all and every explanations additions 27 El. not printed and alterations thereof or of any of them or to any of them made by several Statutes in the fourtéenth eightéenth 3 Jâ—c 8. The four acts above mentioned made perpetual and thrée and fortieth years of her said late Maiesties reign And one Act made in the seven and twentieth year of the reign of the late Quéen Elizabeth intituled An Act for the maintenance of the Péer and Cobb of Lyme Regis in the County of Dorset 21 Jac. 17. made perpetual And one Act made in the third year of the reign of the late King James intituled An Act for the avoiding of unnecessary delayes of executions be by authority of this present Parliament made perpetual and shall from henceforth stand in full force and effect and be put in due execution for ever hereafter And be it also enacted by the same authority That one Statute made in the one and twentieth year of the reign of the late King James intituled An Act against Vsury which act was to continue for the space of seven years from the four and twentieth day of June which then should be in the year of our Lord one thousand six hundred twenty and five and so to the end of the first Session of Parliament then next following be also by authority of this Parliament made perpetual 2â— H. 12. And it is further enacted by the authority aforesaid That one Act made in the one and twentieth year of the reign of the late King Henry the eighth intituled an Act for the true making of Cables Halters and Ropes And that part of one Act made in the Parliament holden at Westminster by prorogation the fourth day of November 3 4 Ed. 6. 1â— and continued untill the first day of February next after in the third and fourth years of the reign of the late King Edward the sixth by which it is ordained and enacted That no Person or Persons after the time in the said Act mentioned shall sell again alive Cattel in the said act mentioned at or in the Market or Fair wherein he bought the same during the time of the same Fair or Market under the pains therein contained And that no person being a Butcher and using the craft or mystery of Butchery shall at any time after the said feast buy any fat Oxen Stéers Ronts Kine Heifers Calves or Shéep and sell or cause to be sold the same again alive upon pain of forfeiture of every such Ox Stéer Ront 3 4 Ed. 6. 21. Cow Heifer Calves or Shéep bargained or sold contrary to the forme of that Act One other Act made in the same Parliament intituled an Act for the buying and selling of Butter and Chéese together with one Statute made in the Parliament holden in the one and twentieth year of the reign of the late King James 21 Jac. 22. intituled an Act for the explanation of the Statutes made in the third and fourth and fifth years of the reign of the said late King Edward the sixth concerning the traders of Butter and Chéese â— El 5. And so much of an Act made in the fifth year of the Reign of the late Quéen Elizabeth intituled an Act touching certain politick constitutions made for the maintenance of the Navy as is not repealed by any later Statute nor doth concern the eating of flesh or using of fish upon the Wednesday Nor the transportation of herring or other Sea fish Nor fréedom of subsidy Custome or Tonnage for the same Nor Transportation of Corn nor the prohibiting the bringing into this Realm any Cod or Ling in Barrels or other Casks together with all and every other additions explanations and alterations made thereunto or thereof or of any part thereof by any Statute or Statutes made sithence the making of the said last mentioned Act and in force the last day of the Session of Parliament that was in the one and twentieth year of the Reign of the late King James 5 El. 7. And one other Act made in the said fifth year intituled an Act for avoiding divers forreign wares made by handy-crafts Men beyond the Seas 8 El. 10. And an Act made in the eighth year of the Reign of the said late Quéen Elizabeth intituled an Act for Bowyers and the prices of Bows 13 El. 21. And one Act made in the thirtéenth year of the Reign of the late Quéen Elizabeth intituled an Act that Purveyors may take Corn and Victuals within five miles of Cambridge and Oxford in certain cases 14 El. 5. And so much of an Act made in the fourtéenth year of the Reign of the said late Quéen Elizabeth intituled an Act for the punishment of Vagabonds and the relief of the poor and impotent as concerneth the taxing rating levying and imploying of Gaol-mony â—8 El. 3. And so much of an Act made in the eightéenth year of the Reign of the said late Quéen Elizabeth intituled an Act for the setting the poor on work and avoiding Idleness as concerneth Bastards begotten out of lawful Matrimony with this that all Iustices of the Peace within their several limits and precincts and in their several Sessions may do and execute all things concerning that part of the said Statute that by Iustices of the Peace in the several Counties are by the said Statute limited to be done 18 El. 20. And an Act made in the said eightéenth year of the reign of the said late Quéen Elizabeth intituled an Act for repairing and amending the Bridges and High-wayes near unto the City of Oxford 2â— El. not printed And one Act made the seven and twentieth year of the Reign of the said late Quéen Elizabeth intituled an Act for the good Government of the City or Borough of Westminster 27 El. 14 3 4 Ed. 6. 20. 27 El 28. And two other Acts made in the said seven and twentieth year of the Reign of the said late Quéen Elizabeth the one intituled an Act for reviving of a former Statute for the true making of Mault together with the Statute by the said Act revived and the other intituled an Act for the kéeping of the Sea banks and Sea works in the County of Norfolke And one Act made in the one and thirtieth year of the Reign of the late Quéen Elizabeth 31 El. 8. intituled an Act for the true gawging of Vessels brought from beyond the Seas converted by Brewers for the utterance and sale of Ale and Béer And two Acts made in the five and thirtieth year of her said late Maiesties Reign 35 El. 10. the one intituled an Act for the Reformation of sundry abuses in Cloaths called Devonshire Kersies or Dozens according to a Proclamation of the four and thirtieth year of her said Maiesties Reign the
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
and singular the said Pleas Writs Bills Actions Suits Plaints Process Precepts and other the Premises aforesaid shall stand continue and be good and effectual in Law to all Intents and Purposes as if the said Returns and dayes and every of them had béen actually kept and holden in all and every the said Courts Any Law Statute Custome or Vsage to the contrary thereof in any wise notwithstanding The said Writs Process Pleas c. returnable pleadable at a certain day And be it further Enacted by the Authority aforesaid That all Pleas Writs Bills Actions Suits Plaints Process Precepts and other thing or things whatsoever aforesaid pleadable or to be pleaded Returnable or to be Returned or having day in any manner whatsoever at any of the said Returns or any day or dayes certain after any of the said Returns Be and are hereby continued and adjourned unto and shall and may be Pleaded Returned Heard and Determined in the respective Courts aforesaid at or on the fifth Return of the said Term of late called In the morrow of the Ascension of our Lord And that all parties in any Pleas Writs Bills Actions Suits Plaints Process or other thing or things whatsoever having dayes given them at any of the said four first Returns or at any other day or dayes certain after any of the said Returns in the said Courts or any of them by vertue of this present Act have the said Return of late called In the morrow of the Ascension of our Lord prefixed them therein And that all Sheriffs Officers and other Ministers whatsoever and every of them respectively kéep in their hands all Writs Bills Process and Precepts and all other things whatsoever in them directed respectively Returnable or to be Returned in the several Courts aforesaid at the said four first Returns or any of them in or at any day certain as aforesaid until the said fifth Return of late called The morrow of the Ascension of our Lord and then Return the same into the said several Courts respectively That such proceedings may be then had thereupon as should have béen had in case the said four first Returns had béen kept and holden And be it further Enacted by the Authority aforesaid That no Writs Process Plaints Process Writs Pleas c. under certain titles and names may be prosecuted and proceeded upon Pleas Informations Indictments or Iudicial proceedings had Commenced or prosecuted before the fifth day of May in the said year of our Lord one thousand six hundred sixty in the Name Stile Title or Test of Custodes Libertatis Angliae Authoritate Parliamenti or in the Name Stile Title or Test of The Keepers of the Liberty of England by Authority of Parliament or in the Name Stile Title or Test of Oliver Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions thereunto belonging or in the Name Stile Title or Test of Oliver Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging or in the Name Stile Title or Test of Richard Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging shall be put without day abated quashed or discontinued by his Majesties most just re-assumption of the actual Exercise of his Kingly Government in this Kingdom nor shall the same be cause of Errour Abatement or Discontinuance but that all such Writs Process Plaints Pleas Informations Indictments and Iudicial Procéedings and all Commissions for taking of Answers or Examination of Witnesses Commission for taking of Fines and Warrants of Attorney Guardians or Prochein-Amy shall stand and be continued and shall and may be procéeded upon prosecuted and returned notwithstanding the same were commenced or prosecuted in English and notwithstanding the present happy Change and Restitution of his Majesties Name and Stile in Iudicial Procéedings And be it further Enacted by the authority aforesaid Process and proceedings in English in Courts of Iustice to continue EXP. That one pretended Act made in the year of our Lord 1650. entituled An Act for turning the Books of the Law and all Process and Proceedings in Courts of Justice into English shall stand and be in force as if the same had béen a good and effectual Act from the first Return of Easter Term in the year of our Lord 1651. untill the first day of August in the year of our Lord 1660. and no longer And whereas by one other pretended Act made in the said year of our Lord 1650. entituled An Act touching Corn and Meal It was Enacted or mentioned to be Enacted That from and after the twentieth day of November 1650. It should and might be lawfull to and for any person or persons Defendant or Tenant for or by reason of any matter to be pleaded set forth or alledged in Bar to any Action Real Personal or mixt in any Court of Record to plead the General Issue of Not Guilty or the like General Issue proper to the Nature of the Action or Suit commenced and for his or their Discharge or Acquitting to give any such matter in evidence to the Iury that shall try the same and that the said matter shall be as available to such person or persons Defendant or Tenant to all intents and purposes as if the said matter had béen specially pleaded set forth or alledged in Bar of such action Be it further Enacted That the said pretended Act Pleading the General Issue as touching the pleading of the General Issue shall by authority hereof stand and be in full force and effect according to the Tenor thereof until the said first day of August as if the same had béen a good and effectual Act of Parliament EXP. and no longer Provided alwayes That where the General Issue hath béen since the said twentieth day of November 1660. pleaded or shall before the said first day of August in the said year of our Lord 1660. be pleaded in any action That then upon the Tryal of the said Cause such Evidence shall and may be allowed as if the said pretended Act touching the pleading of the General Issue had béen and continued a good and effectual Act of Parliament not determined or discontinued Provided also That his Majesties Royal assent to the passing of this Bill shall not extend His Majesties Assent to this Bill doth not determine the Session All Writs Patents Commissions c. to issue in the Kings name as formerly or be construed to extend to the determining of the Session of this present Parliament Provided nevertheless and be it Enacted That all Writs Patents and Commissions for Constituting Iustices of either Bench and Barons of the Exchequer Commissions of Oyer and Terminer and Gaol-Delivery and Precepts upon Commissions of Oyer and Terminer and Gaol-Delivery and all other Commissions hereafter to be made by the Clerk of the Crown in the Chancery Charters and Letters Patents under the
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
and is remaining which President Deputy-President and Treasurer for the time being respectively shall for ever hereafter in name and fact be Bodies Politick and Corporate in Law to all intents and purposes and shall have a perpetual Succession and may Sue or Plead or be Sued and Impleaded by the name of the President and Governours for the Poor of the respective places aforementioned in all Courts and places of Iudicature within this Kingdom and the Dominion of Wales and the Town of Berwick upon Tweed and by that Name every of the said Corporations shall and may without License in Mortmain purchase or receive any Lands Tenements or Hereditaments not excéeding the yearly value of Thrée thousand pounds per annum of the Gift Alienation or Devise of any person or persons who are hereby without further License enabled to give the same and any Goods Chattels or sums of Money whatsoever to the use intent and purposes hereafter limited and appointed And the each respective Corporation or any Seven of them shall have hereby Power and Authority from time to time to méet and kéep Courts for the ends and purposes in this Act expressed at such time and place as shall be appointed by the said President his Deputy or the Treasurer who are hereby required upon the desire of any Four of the said Corporation at any time to cause a Court to be warned accordingly And shall have hereby Authority from time to time to make and appoint a Common-Seal for the use of the said Corporation And it is further Enacted by the Authority aforesaid The powers of the said President and Governours of the said Corporations That it shall and may be lawful to and for the said President and Governours of the said Corporations for the time being or any two of them or to or for any person authorized and appointed by them or any two of them from time to time to apprehend or cause to be apprehended any Rogues Vagrants Sturdy Beggars or Idle or disorderly persons within the said Cities and Liberties Places Divisions and Precincts and to cause them to be kept and set to work in the several and respective Corporations or Work-houses and it shall and may be lawful for the major part of the Iustices of Peace in their Quarter-Sessions to signify unto his Majesties Privy Council the names of such Rogues Vagabonds Idle and Disorderly persons and Sturdy Beggars as they shall think fit to be Transported to the English Plantations and upon the approbation of his Majesties Privy Council to the said Iustices of Peace signified which persons shall be Transported it shall and may be lawful for any two or more of the Iustices of the Peace them to Transport or cause to be Transported from time to time during the space of thrée years next ensuing the end of this present Session of Parliament to any of the English Plantations beyond the Seas there to be disposed in the usual way of Servants for a term not excéeding Seven years A stock for supply of the work how to be provided in London Westminster Middlesex Surrey And be it further Enacted by the Authority aforesaid That if the President and Governours of any of the said Corporations shall certify under their common Seal their want and defect either of a present stock for the Foundation of the Work or for supply thereof for the future and what sum or sums of Money they shall think fit for the same to the Common-Council of the said City of London and the Burgesses and Iustices of Peace in their Quarter-Sessions of the said City of Westminster and the Liberties thereof or the Iustices of the respective Counties of Middlesex and Surrey assembled in either Quarter-Sessions That thereupon the Common-Council of the said City of London the Burgesses of the said City of Westminster and the Iustices of Peace of the said Cities and Counties in their Quarter-Sessions assembled are hereby required from time to time to set down and ascertain such competent sum and sums of money for the purposes aforesaid not excéeding one years rate from time to time usually set upon any person for or towards the relief of the Poor and the same to proportion out upon the several Wards Precincts Counties Divisions Hundreds and Parishes as they shall think fit And thereupon the Aldermen Deputies and Common-Council-men of every Ward in the City of London and Burgesses and Iustices of the Peace of the City of Westminster and the Liberties thereof and Iustices of the Peace of the said Counties of Middlesex and Surrey shall have power and Authority and are hereby required equally and indifferently according to the proportions appointed as aforesaid for the several Wards Precincts Cities and Parishes as aforesaid to tax and rate the several Inhabitants within the said respective Wards Precincts and Parishes as well within Liberties as without with which Tax if any person or persons find him or themselves agrieved supposing the same to be unequal he or they shall and may make their complaint known to the Iustices of the Peace at the next open Sessions who shall take such final order therein as in like cases is already by the Law provided And it is further Enacted by the Authority aforesaid That it shall and may be lawful to and for any Alderman of the City of London or his Deputy or the Burgesses and Iustices of Peace of the City of Westminster and the Liberties thereof or any two or more of them or any two Iustices of Peace of the respective Counties of Middlesex and Surrey by their Warrant under their Hands and Seals to authorize the Church-wardens or Overséers for the Poor within the places and Parishes aforesaid to demand gather and receive of every person and persons such sum and sums of money as shall be Assessed upon them by vertue of the Taxations and Contributions aforesaid And for default of payment within ten dayes after demand thereof made or notice in writing left at the dwelling-house or lodging of every person so Assessed to levy the same by distress and sale of the goods of every such person and after satisfaction made to restore the surplusage to the party so distrained Stocks formerly in London for relief of the poor how to be paid And be it Enacted by the Authority aforesaid That all Stocks raised for the relief and imployment of the Poor in the City of London and Liberties thereof which was in the hands of a Corporation heretofore appointed in the said City for that service or in the hands of any other person or persons whatsoever before the Nine and twentieth day of September which was in the year of our Lord One thousand six hundred and sixty commonly called the Feast of St. Michael the Archangel or at any time since together with all the Arrears of money formerly alloted for that Service or Legacies given to the same end shall be payable to the Treasurer of the Corporation or Corporations
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
17 Car. 2. 6. Prisoners 1 How stocks shall be provided for relief and setting prisoners on Work 19 Car. 2. 4. 2 How to be removed in time of Plague 19 Car. 2. 9â— Privy Council 1 The Privy Council regulated and Court of Star-Chamber taken away 17 Car. 1. 10. 2. May not examine or determine of the Lands Tenements or Goods of any Subject of this Kingdom but the same ought to be by the ordinary course of the Law 17 Car. 2. 10. 3. How persons committed by the Privy Councel may have their Habeas Corpus ibid. Proces and Judicial Proceedings 1. What Proces Writs Pleas and other judicial Proceedings shall be continued and proceeded upon 12 Car. 2. 3. 2. What proceedings in Law shall not be avoided for defects faults or alterations of Styles or Forms 12 Car. 2. 12. See Judicial Proceedings Purveyance 1. Preemption and Purveyance taken away 12 Car. 2.24 See Carriages Quakers 1 The penalty upon certain persons called Quakers refusing to take a lawful Oath 13 Car. 2. 1 Stat. 3. Recoveries 1 Common Recoveries Confirmed 12 Car. 2. 12. See Judicial proceedings Rectories and Advowsons taken from certain persons upon pretended delinquencies in the late troubles restored to the right owners 14 Car. 2. 25. Recusants 1 The penalty of sending or being sent to any Popish University or School beyond Seas 3 Car. 1. 2. Replevins See Distresses Rivers 1 The River of Avon to be made Navigable from Christ-Church to the City of new Sarum 16 and 17 Car. 2. 12. Ryots and unlawful assemblies See Petition Sabbath 1. ASsemblies and unlawful Pastimes upon the Lords-day forbidden 1 Car. 1. 1. 2. Carriers Waggoners Brewers shall not travel upon the Lords-day called Sunday 3 Car. 1. 1. 3. Butchers shall not â—ell or kill Meat upon the Lords-day 3 Car. 1.1 4. A restraint of divers other Abuses committed on the Lords-day 3 Car. 1. 1. Saltpeter See Gunpowder Scotland 1. The prevention and punishment of Thefts and Rapines by Moss Troopers upon the borders of England and Scotland 14 Car. 2. 22. Scrivener See Usury Sea-coals See Coals Sewers 1. A supply of the Statute of H. 8. for present nominating Commissioners of the Sewers 12 Car. 2. 6. Sheep See Wooll c. Sheriffs 1. Sheriff may not keep Tables at the Assizes for others then their own Family and Retinue nor make any Present or Gift to any Judges of Assize 14 Car. 2. 21. 2. How Sheriffs shall be eased in passing their Accounts in the Exchequer 14 Car. 2. 21. 3. Shall not answer illeviable Seisures Farms Rents c. Ibidem Ships and Shipping 1. From what foreign parts Goods may be imported onely in English Ships 12 Car. 2. 18. 2. No Goods to be laded or carried out of England in the the Vessels of any other not Denizen'd 12 Car. 2. 18. 3. Encouragement of the Shipping and Trading by the English into their Plantations of Asia Africa and America 12 Car. 2. 18. 15 Car. 2. 7. 4. Articles and Orders for better government of his Majesty's Navies Ships of War and Forces by Sea 13 Car. 2. 9. 5. How provision of carriage by Land and Water shall be made for the use of the Navy and Ordnance 14 Car. 2. 20. 6. The Penalty for imbezelling of Stores and Ammunition belonging to his Majesty's Navy-Royal 16 Car. 2. 5. 19 Car. 2. 7. 7. Who may punish Disturbances by Sea-men and others relating to the Navy-Royal 16 Car. 2. 5. 19 Car. 2. 7. 8. The penalty for delivering up English Merchant-ships to Turks or Pyrats 16 Car. 2. 6. 9. Builders of new Ships encouraged 14 Car. 2. 11. Ship-money 1. Certain proceedings touching Ship-money declared illegal and the Records thereof made void 17 Car. 1. 4. Silk and Silkthrowers See Manufactures Souldiers and Seamen 1. Such Souldiers as were instrumental in his Majesty's Restauration may exercise Trades 12 Car. 2. 16. Such as deserted the Kings Service or refuse to take the Oath of Allegiance excepted Ibid. 2. The Militia and ordering and disposing of the Forces and Souldiers by Sea and Land declared to be onely in the King 13 Car. â— 6. 14 Car. â— 3. See Ships and Shipping 3. How the Forces in the several Counties of this Kingdom shall be ordered 14 Car. 2. 3. 15 Car. 2. 4. 4. Relief of poor and maimed Souldiers who faithfully served his Majesty and his Royal Father in the late Wars 14 Car. 2. 9. Stannaries 1. Certain Inchroachments and Oppressions in the Stannary Court redressed 17 Car. 1. 15. Star-Chamber 1. The Court of Star-chamber taken away 17 Car. 1.10 2. All matters examinable in Star-chamber may be examined and redressed by the Common Law 17 Car. 1.10 3. No Court or Councel to be erected may have the like Jurisdiction 17 Car. 1. 10. Statutes 1. All Acts that are upon continuance shall remain in force till otherwise ordered by Parliament 17 Car. 1. 4. 2. A Repeal of some and continuance of divers other Statutes 3 Car. 1. 4. 3. Divers publick Acts made 12 Car. 2. confirmed 13 Car. 2. 7. and cap. 11. 14. Statute-staple See Extent Stuffs 1. The regulating of making of Stuffs in Norfolk and Norwich See Norwich Subsidy 1. A Subsidy and Royal Aid granted to his Majesty by a Monethly Assesment leviable in three years 16 17 Car. 2. 1. 2. A further supply 17 Car. 2. 1. 3. One Moneths Assesment granted to the King for his Royal Highness the Duke of York 17 Car. 2. 9. 4. See Excise Tunnage and Poundage Hearth-money Poll-money Benevolence 5. A further supply by a Monethly Assesment granted to his Majesty for eleven Moneths 19 Car. 2. 8. Suits See Arrests and Delays TApistry See Manufactures Terâ— 1 Michaelmas Term abbreviated and the manner of Continuances and Returnâ— of Writs 17 Car. 1. 6. Tobacco 1 The planting setting or sowing of Tobacco in England prohibited under several penalties 12 Car. 2. 34. 2 Certain further penalties for planting Tobacco in England 15 Car. 2. 7. Treason 1 What shall be adjudged Treason during his Majesties life 13 Car. 2. 1. 2 Offences disabling persons to bear any Office during the Kings life 13 Car. 2. 1. 3 Offences which incur a Praemunire ibid. See Attainder Tumults See Petitions and Riots Tunnage and Poundage 1 The Causes and Trusts upon granting Tunnage and Poundage for defending the Seas 12 Car. 2. 4. 2 To be paid according to the Book of Rates agreed by the Commons House of Parliament for ascertaining the same ibid. 3 What Fees the Custom-Officers may take ibid. 4 Prisage of Wines not to pay the said Duty ibid. 5 The penalty for committing frauds and abuses about the Customs 14 Car. 2. 11. Vestry 1 HOw Vestry-men shall be Elected and the Oath they are to take 15 Car. 2. 5. Uniting of Parishes See Corporations Usury 1 The penalty upon him that shall take above Six in the Hundred for the Loan of One hundred pounds for a year 12 Car. 2. 13. 2 The forfeiture of a Scrivener that shall take excessive Brocage Ibid. Uniformity See Ecclesiastical Matters c. Wales 1 JUry-men in Wales must be worth 8 l. per annum 16 17 Car. 2. 3. 2. The Statute concerning Replevins and Avowries upon Distresses shall extend to Wales 19 Car. 2. 5. Wards and Wardships 1 The Court of Wards and Liveries and Tenures in Capite and Knights Service and Purveyance taken away 12 Car. 2. cap. 24. And the Imposition upon Ale and Beer and other Liquors granted to the King his Heirs and Successors ibid. Weavers 1 Linnen Weavers may set up the Trade in any places where they please 15 Car. 2. 15. Weights and Measures 1 There shall be but one Weight and Measure throughout the Kingdom 17 Car. 1. 19. Wines 1 The King may issue Commission to licence the uttering of Wines by Retail 12 Car. 2.25 2 The Agents for granting Wine-Licences may grant them not exceeding 21 years if the person so long live upon Rent reserved but no Fine to be taken ibid. 3 How and by whom the prices of Wines shall be set 12 Car. 2. 25. 4 The Power of granting Wine-Licences setled upon the Duke of York in tail 15 Car. 2. 14. Wood. 1 The penalty for unlawful cutting spoyling and stealing of Wood and Under-wood young Timber Trees Poles c. 15 Car. 2. 2. Wooll Woolf ls c. 1 The Exportation of Wooll Woollfels Fullers Earth or any kind of scowring prohibited under several penalties 12 Car. 2. 32. 2 Exporting of Sheep Wooll Woolfels Mortlings Shorelings Yarn of Wooll Wooll-Flocks Fullers Earth Fulling Clay Tobacco-Pipe clay prohibited upon certain penalties 14 Car. 2. 18. 3 Importing of Forein Wooll-Cards Card-wire and Iron-wire prohibited 14 Car. 2. 19. Yarn See Wooll c. FINIS
Road safety and preservation of Ships that may resort thither as well in peril of Storms as otherwise to lade or unlade their Goods and to alter repair and amend the same or any part of it from time to time as oft as néed shall require And to the end that the making the said River Navigable and passable for Barges Boats Lighters and other Vessels and the erecting and making the said Haven Channels Sasses Locks Wears Turnpikes Penns for Water Wharfs Bridges Ways and Passages as aforesaid or other things may not be any way prejudicial to the Inheritance Possession or profit of any person or persons Bodies Politick or Corporate whatsoever that have any Lands Tenements Wears or Hereditaments adjoyning unto the said River or Streams Brooks new Chanels and Passages as aforesaid or any of them or through which the same shall be made or cut as aforesaid Satisfaction to parties endamaged in any of their lands Be it therefore Enacted by the Authority aforesaid That the said Vndertakers before they do meddle with the Lands Inheritance Possession or Profit of any person or persons Bodies Politick or Corporate shall first agrée with such persons Bodyes Politick or Corporate for the loss or damage that any of them shall or may any way receive by the making or altering the said Haven Channels Wharfs Sasses Locks Wears and Passages or procure some Order therein to be made by the Commissioners to be Assigned for that purpose as hereafter in this present Act is expressed And for the better effecting of the premisses and the due rating of the value of the things to be compounded for by the true intent of this Statute if the Parties shall not agrée Be it Enacted by the Authority aforesaid Commissioners for compounding with persons so damnifide That at the request and charges of the said Vndertakers One or more Commission or Commissions under the Great Seal of England shall be granted to Edward Earl of Clarendon Lord Chancellor of England Thomas Earl of Southampton Lord High Treasurer of England Philip Earl of Pembroke and Mountgomery William Lord Herbert of Cardiffe Henry Lord Viscount Cornbury George Lord Bishop of Winchester and the Bishop of Winchester for the time being John Lord Bishop of Sarum and the Bishop of Sarum for the time being William Lord Sands Robert Lord Brook Anthony Lord Ashly Chancellor of the Exchequer Sir Edward Nicholas Knight One of His Majesties most Honourable Privy-Council Sir Robert Hyde Knight Lord Chief Iustice of the Kings Bench Sir Wadham Windham Knight one of the Iustices of the Kings Bench Sir George Grubham How Baronet Sir Joseph Ash Baronet Sir John Nicholas Knight of the Bath sir John Low Knight sir Robert Mason Knight sir Thomas Mompesson Knight sir John Clobery Knight Stephen Fox Esquire Clerk of the Gréen-Cloth and one of the Citizens for the City of New-Sarum John Joyce Mayor of the City of New-Sarum and the Mayor of the City for the time being Richard Coleman Esquire Recorder of the City of New-Sarum and the Recorder of the same City for the time being Francis Roll Esquire High Sheriff of the County of Southampton Lawrence Hyde Esquire Humphrey VVeld Esquire Edward Hyde of Hatch Esquire Richard How Esquire John Holt the elder of the Close of the City of New-Sarum Esquire George Vennerd of the City of New-Sarum Esquire Edward Manning Esquire Richard Compton Esquire Thomas Knowles Esquire Philip Lee Esq Walter Bockland Esq VVilliam Swanton Esq Roger Gallop Esq Edward Hooper of Huncourt Esq Will. Tulse Esq John Hobby Esq Henry Tulse Esquire Henry VVhitehead Esq The Mayor of VVilton for the time being and the Mayor of Christ-Church for the time being Samuel Percival Esquire VVilliam Lisle Esquire and Philip Percival Gentleman The power of the said Commissioners Which said Commissioners or any seven or more of them not being Parties concerned shall have full power and Authority and are hereby impowred and Authorized by examination of witnesses upon Oath which Oath they or any seven or more of them have hereby power to administer or by any other lawful ways or means to examine here and determine all and all manner of Controversies Debates and Questions which shall happen and arise betwéen any persons whatsoever touching or concerning any matter or thing relating to the aforesaid Premisses or any part thereof And to appoint determine and decree what and how much satisfaction every such person or persons Body politick or Corporate shall have for or in respect of the loss to be by him her or them sustained notice being first given of their Méeting by Papers publickly affixed to the Church-doors or set up in the Market-places of the City of New-Sarum and the Towns of Christ-Church and Ringwood Ten days at the least before their Méeting declaring the time and place of their Meeting And also notice in writing being first left at the Dwelling-house of every Party concerned or at their usual place of abode or with some Tenant or Occupier of some House Land or Tenement of such party within fiftéen Miles of the said River Which said Determination Sentence and Decrée set down declared and pronounced by the said Commissioners or any seven or more of them and the Price and Recompence by them limited shall bind all Parties therein concerned in Possession Reversion or Remainder or otherwise and as well Infants Feme Coverts as others and their Heirs in Fée-Simple or in Tail and their Executors Administrators and Assigns and all claiming by from or under him her or them or any of them which Order Sentence and Decrée shall be set down in writing under the Hands and Seals of the said Commissioners or any seven or more of them within six wéeks after the first Resort to them for that cause according to this Act the same to be kept among the Records of the Sessions of the Peace for the City of New-Sarum by the Clerk of the Peace for the time being of the said City Transcripts whereof shall be delivered to the several Clerks of the Peace of the respective Counties of VVilts and Southampton to be by them kept upon Record amongst the Records of the Sessions of the said respective Counties All which shall be taken adjudged and déemed good and sufficient Evidence and proof in any Court of Record whatsoever And that upon payment of such sum or sums so ordered or agréed upon to the said persons concerned or tender thereof made at his or their Dwelling-house or the house of his or their Tenant of some Tenement house or Land of theirs within fiftéen miles of the said River and if they have no such Dwelling-house Land or Tenement or if upon such tender at their said Dwelling-house or the House Land or Tenement of such Tenant as aforesaid they refuse or are not ready to receive the same That upon payment of the said sum to the Mayor and Commonalty of the City of New-Sarum in the council-Council-Chamber of the said City
for the use of such persons It shall then and not before be lawful to and for the said Vndertakers and their Work-men and Servants to dig and make or cause to be digged and made the said Haven Channels Wharfs Sasses Locks and Passages or do any such other Act for which any such Agréement or Order shall be made as aforesaid And be it further Enacted That when any of the said Commissioners shall happen to dye How Commissioners dying or renouncing may be supplyd or become unfit for or renounce the Service That then and so often it shall be lawful to and for the said Lord Chancellor or Lord Keeper of the Great Seal of England for the time being from time to time to supply appoint and authorize One or so many Commissioners of the Counties of VVilts Southampton or Dorset of the Nobility or Knights and principal Gentlemen of the said Countries dwelling or having Estates within fifteen miles of the said River as shall make and fill up the before mentioned number of Commissioners which said Commissioners so supplyed appointed and authorized as aforesaid not excéeding the number before mentioned nor being under the number of One and thirty or any seven or more of them shall from thenceforth have like Power and Authority in all things as those Commissioners which are expresly named in this Act And that the Commissioners and such as from time to time for the future shall be supplyed as aforesaid or any seven or more of them have like Power and Authority to Survey the said Haven and River and all Wharfs Sasses Locks Wears Turnpikes Penns for water and all Ditches Sewers and Streams running into the said River and the Mills Mill-damms Floodgates Walls Banks and Bridges now made or hereafter to be made and built upon the same and all Impediments Decays Loss and Annoyances in the same and make like Process to inquire thereof and to set such Fines Penalties and to make such Orders and Decrées for altering amending or removing the same as any Commissioners of Sewers by any Law Statute or Commission of Sewers are enabled to do in other Rivers and Places Any Law or Statute to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That the said Vndertakers authorized as aforesaid for the making the said Haven and Passages from time to time shall have full power and authority by and with the consent of the said Commissioners or any seven or more of them to make Orders and Constitutions for the good and orderly usage of the said Haven and Passages and for all Wharfs The power to make orders and constitutions Sasses Locks Wears and Turn-pikes and for all Ships and Vessels Barges Lighters Boats Boat-men Passengers Carriages and Rates for Carriages by or through the said Haven or Passages and all things concerning the same and to set lay and execute such reasonable Pains and Punishments upon the Breakers thereof To impose penalties upon the breakers as to them in discretion shall séem méet and reasonable which said Orders and Constitutions being put in Writing under the Hands and Seals of the said Vndertakers and being allowed by the said Commissioners or any Seven or more of them under their several Hands and Seals and by the Iustices of Assize of the said several Counties of VVilts and Southampton which shall be at the time of the Signing Sealing and Publishing of the said Orders as aforesaid shall be binding to all persons whatsoever any Law or Vsage to the contrary notwithstanding The said Orders and Constitutions to be kept amongst the Records of the Sessions of the Peace for the City of New-Sarum by the Clerk of the Peace for the time being of the said City Transcripts whereof shall be delivered to the several Clerks of the Peace of the respective Counties of Wilts and Southampton to be by them kept upon Record amongst the Records of the Sessions of the said respective Counties All which shall be taken adjudged and déemed good and sufficient Evidence and proof in any Court of Record whatsoever Nevertheless the Iustices of Assize for the Counties of Wilts and Southampton Persons grieved may appeal to the Iustices of Assise upon complaint to them made by any persons grieved with the said Taxations Assessments Charges Orders Constitutions Pains and Penalties or any of them shall and may abridge moderate alter or reform the same as they shall find just cause such Orders to be under the Hands and Seals of the said Iustices and to be kept among the Records of the Sessions as aforesaid And the respective Commissioners and Iudges of Assize as aforesaid are from time to time to take special care in the manner of the laying and assessing of the said Rates and ordering and disposing of the said Haven Passages and Wharf that all opportunity for the Vndertakers or any other to engross the Commodities of the said Countrey or impose upon the Markets may be prevented The Vndertakers to have the Taxes upon Carts Carriages c. And be it Enacted by the Authority aforesaid That the said Vndertakers authorized as aforesaid for the making the said Haven and Passages respectively and their several and respective Heirs and Assigns for ever having first given satisfaction as aforesaid shall have hold peaceably and quietly receive demand take and enjoy all and every the said Rates Profits and Advantages whatsoever which shall or may from time to time and at all times hereafter be made arise grow or become due or payable for the Carriages of Wood Coals Corn Salt or any other Merchandises Commodities or Carriages whatsoever by any Ship or Vessel Barge Boat Lighter or otherwise up or down the said Haven River new Channels or the said Sasses Locks Wears Turn-pikes Penns for water Cranes Wharfs or any of them and also shall have and receive as aforesaid all Penalties imposed by the said Orders as aforesaid and in case of Refusal or Denial of Payment Penalties and how to recover the same shall and may sue for the same by Action of Debt in any Court of Record in which Action no Wager of Law Essoign or Protection shall be allowed or may distrain or make stoppage of the said Goods or Vessels till they shall be satisfied for the same And that all Fines and Amerciaments which shall be imposed as aforesaid for any Annoyances and Offences which shall be at any time hereafter committed to the hurt or prejudice of the said River or any thing thereunto appertaining shall be to the only use benefit and behoof of the said respective Vndertakers their several and respective Heirs Successors and Assigns for ever And for that the Barges Boats Lighters or other Vessels must of necessity in some places and at some times be haled up by strength of Men Horses Winches Engines or other means in that behalf convenient Drawing and haling of Barges c. upon the Banks Be it therefore Enacted by Authority of this