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 With the ABRIDGMENT of such as stand Repealed or Expired Continued after the Method of Mr.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-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.
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
Coronor Steward or Bailiff of any Franchise or Liberty or by any other Officer Minister Vnder-bailiff or other person or persons whatsoever within this Realm having or pretending to have Authority or Warrant in that behalf by force or colour of any Writ Bill or Process issuing or to be issuing out of His Majesties said Courts of Kings Bench and Common Pleas or either of them in which said Writ Bill or Process the certainty and true cause of Action is not expressed particularly and for which the Defendant or Defendants in such Writ Bill or Process named is and are bailable by the Statute in that behalf made in the thrée and twentieth year of the Reign of the late King Henry the sixth shall be forced or compelled to give security or to enter into Bond with Sureties 23 H. 6. ca. 10. for the Appearances of such person or persons so arrested at the day and place in the said Writ Bill or Process specified or contained in any penalty or sum of money excéeding the sum of Forty pounds of lawful money of England to be conditioned for such Appearances and that all Sheriffs and other Officers and Ministers aforesaid shall let to bail and deliver out of Prison and from their and every of their Custodies respectively all and every person and persons whatsoever by them or any of them arrested upon any such Writ Bill or Process wherein the certainty and true cause of Action is not particularly expressed upon Security in the sum of Forty pounds and no more given for Appearance of such person or persons so arrested unto the said Sheriff or Officer aforesaid according to the said Statute in the said thrée and twentieth year of the Reign of the said late King Henry the sixth in that behalf made and provided And be it further Enacted by the Authority aforesaid That upon Appearance to be Entred in the Term wherein such Writ Bill or Process is retornable with the respective Officer in that behalf for the said person or persons by Attorney or Attorneys in the said respective Courts from whence the said Writ Bill or Process issued unto such Writ Bill or Process the Bond or Bonds so given for Appearance thereunto Bonds given for discharged upon appearance Nonsuit for want of a Declaration before the end of the next term after appearance and judgment and costs against the Plaintiff be and are hereby satisfied and dischargeed And that after such Appearance so entred no Amerciaments be set or Estreted upon or against any Sheriff or other Officer aforesaid or any other person whatsoever concerning the want of such Appearance and unless the Plaintiff or Plaintiffs in any such Writ Bill or Process named shall put into the Court from whence such Writ Bill or Process did issue his or their Bill or Declaration against the person or persons so Arrested in some personal Action or Ejectione firmae of Lands or Tenements before the end of the Term next following after Appearance That then a Non-suit for want of a Declaration may be Entred against the said Plaintiff or Plaintiffs in the said Courts respectively And that every Defendant in every such Writ Bill or Process named shall or may have Iudgment to recover Costs against every such Plaintiff or Plaintiffs to be Assessed Taxed and Levied in such manner and according as it is provided by the Statute for Costs made in the thrée and twentieth year of the Reign of the late King Henry the Eighth 23 H. 8. ca. 15. any former or other Act Statute Ordinance Law Custome Order Course or Vsage of either of the said Courts to the contrary thereof heretofore had made admitted or used in any wise notwithstanding Provided alwayes that this Act nor any Clause or thing herein before specified or contained shall not extend Arrests upon Capias utlagatum Attachments upon Rescous Contempts and of Priviledg excepted nor be construed or taken to extend unto any Arrests hereafter to be made upon or by Vertue of any Writ of Capias utlagatum Attachment upon Rescous or Attachment upon any Contempt or of any Attachment of Priviledge at the Suit of any priviledged person or of any other Attachment for Contempt whatsoever issuing or to be issing out of either of the said Courts although there be no particular certainty of the cause of Action expressed or contained in the said Writs But that nevertheless no Sheriff nor Vnder-sheriff nor any of the Officers or Ministers aforesaid shall discharge any person or persons taken upon any Writ of Capias utlagatum out of Custody without a lawful Supersedeas first had and received for the same and that upon the said Writs of Attachment such lawful course be taken for Security for Appearance therein as hath béen heretofore used any thing herein before expressed to the contrary thereof in any wise notwithstanding And whereas many persons out of ill intent to delay their Creditors from recovering their Iust Debts continue Prisoners in the Fléet who cannot be procéeded against in such manner as they might be if they were at Large Now for the better enabling all persons to recover their just Debts and Demands against such Prisoners How Persons having cause of action may proceed against Prisoners in the Fleet. Be it further Enacted by the Authority aforesaid That every person or persons whatsoever who now hath or have or which at any time hereafter shall have cause of any personal Action against any person being a Prisoner in the prison of the Fléet may Sue forth an Original Writ upon his or their cause of Action And that a Writ of Habeas Corpus be granted to every such person or persons being Plaintiff or Plaintiffs desiring the same to be directed to the Warden of the same Prison to have the Body of such prisoner before the Iustices of the Common Pleas at some certain day in any Term to answer the said Plaintiff or Plaintiffs upon his or their said Cause of Action And that if the said Plaintiff or Plaintiffs at the said day put into the said Court his or their Declaration according to the said Original Writ against the said prisoner being present at the Barr the said prisoner shall be bound to appear in person or to put in an Attorney to appear for him in the said Action And unless the said Defendant plead upon a Rule given to be out at eight daies at the least after such Appearance Iudgment by Nihil dicit may be entred against such Defendant as appearing in person which shall be good and effectual in Law And such charge in Court by Declarations signified by Rule unto the said Warden shall be a good cause of detention of such prisoner in his Custody from which he shall not be discharged without a lawful Supersedeas or Rule of Court And if the said Warden shall do otherwise he shall be Responsible to the Court and to the party grieved for Damages by Action upon the case to be brought
this Act in the exercise of Religion differing from the Rites of the Church of England then every such Kéeper of a Gaol or House of Correction shall for every such offence forfeit the sum of Ten pounds to be Levied Raised and Disposed by such persons The Penalty and in such manner as the penalties for the first and second offences against this Act are to be Levied Raised and Disposed Provided always That no person shall be punished for any offence against this Act Within what time offenders must be prosecuted unless such Offender be prosecuted for the same within Thrée moneths after the offence committed And that no person who shall be punished for any offence by vertue of this Act shall be punished for the same offence by vertue of any other Act or Law whatsoever Provided also and be it Enacted Marryed women how to be punished That Iudgement of Transportation shall not be given against any Feme-Covert unless her husband be at the same time under the like Iudgement and not discharged by the payment of money as aforesaid but that instead thereof she shall by the respective Court be committed to the Goal or House of Correction there to remain without Bail or Mainprise for any time not excéeding Twelve moneths unless her Husband shall pay down such sum not excéeding Forty pounds to redéem her from Imprisonment as shall be imposed by the said Court the said sum to be disposed by such persons and in such manner as the Penalties for the first and second offence against this Act are to be disposed Provided also and be it Enacted by the Authority aforesaid That the Iustices of the Peace How Iustices of the Peace may enter into houses suspected for Conventicles and chief Magistrate respectively Impowered as aforesaid to put this Act in execution shall and may with what aid force and assistance they shall think fit for the better execution of this Act after refusal or denial Enter into any House or other place where they shall be informed and such Conventicle as aforesaid is or shall be held Provided That no Dwelling-house of any Péer of this Realm The houses of Peers whilst he or his Wife shall be there resident shall be searched by vertue of this Act but by immediate Warrant from His Majesty under His Sign Manual or in the presence of the Lieutenant or one of the Deputy-Lieutenants or two Iustices of the Peace whereof one to be of the Quorum of the same County or Riding Nor shall any other Dwelling-house of any Péer or other person whatsoever be entred into with force by vertue of this Act but in the presence of one Iustice of the Peace or chief Magistrate respectively except within the City of London where it shall be lawful for any such other Dwelling-house to be entred into as aforesaid in the presence of one Iustice of the Peace Alderman Deputy-Alderman or any one Commissioner of the Lieutenancy for the City of London Provided also and be it Enacted by the Authority aforesaid What persons may be not committed to the house of Correction That no person shall by vertue of this Act be committed to the house of Correction that shall satisfie the said Iustices of the Peace or Chief Magistrate respectively That he or she and in case of a Feme-Covert that her Husband hath an Estate of Frée-hold or Copy-hold to the value of Five pounds per annum or personal estate to the value of Fifty pounds Any thing in this Act to the contrary notwithstanding And in regard a certain Sect called Quakers and other Sectaries Persons served with Process refusing to take an Oath 14 Car. 2. cap. 1. are found not only to offend in the matters provided against by this Act but also to obstruct the procéeding of Iustice by their obstinate refusal to take Oaths lawfully tendered unto them in the ordinary course of Law Therefore be it further Enacted by the Authority aforesaid That if any person or person being duly and legally served with Process or other Summons to appear in any Court of Record except Courts-Léet as a Witness or returned to serve of any Iury or ordered to be examined upon Interrogatories or being present in Court shall refuse to take any Iudicial Oath legally tendered to him by the Iudge or Iudges of the same Court having no legal Plea to justifie or excuse the refusal of the same Oath or if any person or persons being duly served with Process to answer any Bill exhibited against him or them in any Court of Equity or any Suit in any Court Ecclesiastical shal refuse to answer such Bill or Suit upon his or their Corporal Oath in cases where the Law requires such answer to be put in upon Oath or being summoned to be a Witness in any such Court or ordered to be examined upon Interrogatories shall for any cause or reason not allowed by Law refuse to take such Oath as in such cases is required by Law That then and in such case the several and respective Courts wherein such refusal shall be made shall be The Penalty and are hereby enabled to Record Enter or Register such refusal which Record or Entry shall be and is hereby made a Conviction of such offence And all and every person and persons so as aforesaid offending shall for every such offence incur the Iudgement and Punishment of Transportation in such manner as is appointed by this Act for other offences Provided always That if any the person or persons aforesaid shall come into such Court How such persons may be acquitted and take his or their Oath in these words I do swear that I do not hold the taking of an Oath to be unlawful nor refuse to take a◠Oath on that account Which Oath the respective Court and Courts aforesaid are hereby authorized and required forthwith to tender administer and register before the Entry of the Conviction aforesaid or shall take such Oath before some Iustice of the Peace who is hereby authorized and required to administer the same to be returned into such Court such Oath so made shall acquit him or them from such punishment Any thing herein to the contrary notwithstanding Provided always That every person convicted as aforesaid in any Courts aforesaid other then His Majesties Court of Kings Bench or before the Iustices of Assize or General Gaol-Delivery shall by Warrant conteining a Certificate of such Conviction under the hand and seal of the respective Iudge or Iudges before whom such Conviction shall be had be sent to some one of His Majesties Gaols in the same County where such Conviction was had there to remain without Bail or Mainprize until the next Assizes or General Gaol-Delivery where if such person so convicted shall refuse to take the Oath aforesaid being tendered unto him by the Iustice or Iustices of Assize or Gaol-Delivery then such Iustice or Iustices shall cause Iudgement of Transportation to be
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-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
all Statutes and Acts of Parliament Acts that are to have continuance shall remain in foâ—ce which are to have continuance unto the end of this present Session shall be of full force after the said Adjournment until this present Session be fully ended and determined And if this Session shall determine by dissolution of this present Parliament then all the Acts aforesaid shall be continued until the end of the first Session of the next Parliament And all Statutes and Acts of Parliament When the Acts which are now to pass shall take effect which before the said Adjournment shall pass by his Majesties royal Assent shall be put in execution immediately after forty dayes after the said Adjournment notwithstanding that by the words or letter of the said Acts or any of them they be limited to take effect or be put in execution from or at any time after the end of this present Session Anno Reg. Caroli Regis Angliae Scotiae Franciae Hiberniae Tertio AT the Parliament began at Westminster the Seventeenth day of March Anno Dom. 1627. in the Third year of the Reign of our most gracious Soveraign Lord CHARLES by the grace of God of England Scotland France and Ireland King Defender of the Faith c. And there continued until the Twenty sixth day of June following and then prorogued unto the twentieth day of October next ensuing To the high pleasure of Almighty God and to the weal publick of this Realm were enacted as followeth A Declaration of divers Rights and Liberties of the People to the Kings most Excellent Majesty HVmbly shew unto our Soveraign Lord the King the Lords Spiritual and Temporal The Petition of Right and Commons in Parliament assembled That whereas it is declared and Enacted by a Statute made in the time of the Reign of King Edward the First 34 Ed. 1. commonly called Statutum de Tallagio non concedendo That no Tallage or Aid shall be laid or levied by the King or his Heirs in this Realm without the good will and assent of the Archbishops Bishops Earls Barons Knights Burgesses and other the Fréemen of the Commonalty of this Realm And by Authority of Parliament holden in the five and twentieth year of the reign of King Edward the third 25 Ed. 3. Rot. Parl. it is declared and Enacted That from thenceforth no person should be compelled to make any Loans to the King against his will because such Loans were against reason and the Franchise of the Land 1 Ed. 3. 6. 11 R. 2. 9. 1 R. 3. 2. And by other Laws of this Realm it is provided That none should be charged by any Charge or Imposition called a Benevolence nor by such like charge By which the Statutes before mentioned and other the good Laws and Statutes of this Realm your Subjects have inherited this Fréedom That they should not be compelled to contribute to any Tax Tallage Aid or other like charge not set by common consent in Parliament Yet nevertheless of late divers Commissions directed to sundry Commissioners in several Counties with instructions have issued by means whereof your People have béen in divers places assembled and required to lend certain sums of Money unto your Majesty and many of them upon their refusal so to do have had an Oath administred unto them not warrantable by the Laws or Statutes of this Realm and have béen constrained to become bound to make Appearance and give Attendance before your Privy Councel and in other places and others of them have béen therefore imprisoned confined and sundry other ways molested and disquieted And divers other Charges have béen laid and levied upon your People in several Counties by Lord-Lievetenants Deputy-Lievetenants Commissioners for Musters Iustices of Peace and others by command or direction from your Majesty or your Privy Councel against the Laws and frée Customs of this Realm 9. H. 3. 29. And where also by the Statute called The great Charter of the Liberties of England It is declared and Enacted That no Fréeman may be taken or imprisoned or be disseised of his Fréehold or Liberties or his frée Customs or be outlawed or exiled or in any manner destroyed but by the lawful judgement of his Péers or by the Law of the Land 28. Ed. 3. 3. And in the eight and twentieth year of the reign of King Edward the third it was declared and Enacted by Authority of Parliament That no man of what estate or condition that he be should be put out of his Land or Tenements nor taken nor imprisoned nor disherited nor put to death without being brought to answer by due process of Law St. 37. Ed. 3. 18. St. 38 Ed. 3 9. St. 42 Ed. 3. 3. St. 17. R. 2. 6. Nevertheless against the tenor of the said Statutes and other the good Laws and Statutes of your Realm to that end provided divers of your Subjects have of late béen imprisoned without any cause shewed And when for their deliverance they were brought before your Iustices by your Majesties Writs of Habeas corpus there to undergo and receive as the Court should order and their Kéepers commanded to certifie the causes of their detainer no cause was certified but that they were detained by your Majesties special command signified by the Lords of your Privy Councel and yet were returned back to several Prisons without being charged with any thing to which they might make answer according to the Law 25. Ed. 3. 9. And whereas of late great Companies of Souldiers and Mariners have béen dispersed into divers Counties of the Realm and the Inhabitants against their wills have béen compelled to receive them into their houses and there to suffer them to sojourn against the Laws and Customs of this Realm and to the great grievance and vexation of the People 25. Ed. 3. 9. And whereas also by Authority of Parliament in the five and twentieth year of the raign of King Edward the third it is declared and Enacted That no man should be fore-judged of life or limb against the form of the Great Charter and Law of the Land 9. H. 3. 28. 25. Ed 3. 4. 28. Ed. 3. 3 And by the said Great Charter and other the Laws and Statutes of this your Realm no man ought to be adjudged to death but by the Laws established in this your Realm either by the Customs of the same Realm or by Acts of Parliament And whereas no offendor of what kinde soever is exempted from the procéedings to be used and punishments to be inflicted by the Laws and Statutes of this your Realm Nevertheless of late divers Commissions under your Majesties great Seal have issued forth by which certain persons have béen assigned and appointed Commissioners with power and authority to procéed within the Land according to the Iustice of Martial Law against such Souldiers and Mariners or other dissolute persons joyning with them as should commit any Murther Robbery Felony Mutiny
This Act to continue to the end of the first Session of the next Parliament St. 1 Car. 1. Continued and made perpetual 17 Car. cap. 4. CAP. II. A restraint of passage or sending any person beyond the Seas to be Popishly bred FOrasmuch as divers ill affected persons to the true Religion established within this Realm have sent their children into foreign parts to be bred up in Popery 1. Jac. 4. He that goes himself or sends any other beyond the seas to be trained up in Popery c. shall be disabled to sue c. and shall lose all his goods and shal forfeit all his lands c. for life Stat. 27 El. 2. Stat. 3 Jac. 5. notwithstanding the restraint thereof by the Statute made in the first year of the reign of our late Soveraign Lord King James of famous memory Be it Enacted That the said Statute shall be put in due execution And be it further Enacted by the Kings most excellent Majesty and the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same That in case any person or persons under the obedience of the King his heirs and Successors at any time after the end of this Session of Parliament shall pass or go or shall convey or send or cause to be sent or conveyed any Childe or other person out of any of the Kings Dominions into any the parts beyond Seas out of the Kings obedience to the intent and purpose to enter into or be resident or trained up in any Priory Abbey Nunnery Popish Vniversity Colledge or School or House of Iesuits Priests or in any private Popish Family and shall be there by any Iesuite Seminary Priest Friar Monk or other Popish person instructed perswaded or strengthned in the Popish Religion in any sort to profess the same or shall convey or send or cause to be conveyed or sent by the hands or means of any person whatsoever any sum or sums of Money or other thing for or towards the maintenance of any Childe or other person already gone or sent or to go or to be sent and trained and instructed as is aforsaid or under the name or colour of any Charity Benevolence or Alms towards the relief of any Priory Abbey Nunnery Colledge School or any Religious House whatsoever Every person so sending conveying or causing to be sent and conveyed as well any such Childe or other person as any sum or sums of Money or other thing and every person passing or being sent beyond the Seas being thereof lawfully convicted in or upon any Information presentment or Indictment as is aforesaid shall be disabled from thenceforth to sue or use any Action Bill Plaint or Information in course of Law or to prosecute any Suit in any Court of Equity or to be Committée of any Ward or Executor or Administrator to any person or capable of any Legacy or Déed or Gift or to bear any Office within the Realm and shall lose and forfeit all his Goods and Chattels and shall forfeit all his Lands Tenements and Hereditaments Rents Annuities Offices and Estates of Fréehold for and during his natural life A convert shall not incur the penalties aforesaid Stat. 27. El. 2. Provided always That no person sent or conveyed as aforesaid that shall within six moneths after his return into this Realm conform himself unto the present Religion established in this Church of England and receive the Sacrament of the Lords Supper according to the Statutes made concerning Conformity in other cases required from Popish Recusants shall incur any the penalties aforesaid And it is enacted That all and every of the Offences against this Statute may be inquired heard and determined before the Iustices of the Kings-Bench or Iustices of Assise or Gaol-delivery or of Oyer and Terminer of such Counties where the Offendors did last dwell or abide or whence they departed out of this Kingdom or where they were taken Provided also That if any person or Childe so passing or sent or now being beyond the Seas shall after his return into this Realm conform himself to the present Religion established in this Church of England and receive the Sacrament of the Lords Supper according to the Statutes made for or concerning Conformity in other cases required from Popish Recusants for and during such time as he or she shall so continue in such Conformity and obedience according to the true intent and meaning of the said Laws and Statutes shall have his or her Lands restored to them again CAP. III. The Forfeiture and Punishment of him that keeps an Alehouse without License VVHereas by an Act made in the fifth year of the reign of King Edward the sixth of famous memory intituled an Act for kéepers of Alehouses to be bound by Recognizance amongst other things ◠6. Ed. 6. 25 it is enacted That if any person or persons other then such as should be from thenceforth admitted and allowed by the Iustices mentioned in the said Act should after the day in the said Act limited obstinately and upon his own authority take upon him or them to kéep a common Alehouse or Tippling-house or should contrary to the commandment of the said Iustices or two of them use commonly selling of Ale or Béer That then the said Iustices of Peace or two of them whereof one to be of the Quorum should for every such offence commit every such person or persons so offending to the Common Gaol within the same Shire City Borough Town corporate Franchise or Liberty there to remain without bayl or mainprise by the space of thrée days And before his or their deliverance the said Iustices shall take recognizance of him or them so committed with two Sureties that he or they should not kéep any common Alehouse Tippling-house or use commonly selling of Ale or Béer as by the discretion of the said Iustices should séem convenient And the said Iustices should make Certificate of every such Recognizance and Offence at the next Quarter Sessions that should be holden within the same Shire City Borough Town corporate Franchise or Liberty where the same should be committed or done which Certificate should be a sufficient Conviction in Law of the same Offence And the said Iustices of Peace upon the said Certificate made should in open Sessions assess the Fine for every such Offence at twenty shillings as by the said Act may appear Which Law hath not wrought such Reformation as was intended for that the said Fine of twenty shillings is seldom levied and for that many of the said Offendors by reason of their poverty are neither able to pay the said Fine of twenty shillings nor yet to bear their own Charges of conveying them to the Gaol And moreover do leave a great charge of Wife and Children upon the Parishes wherein they live In regard whereof the Constables and other Officers are much discouraged in presenting them and the Offendors become
the Land and if any thing be done to the contrary it shall be void in Law and holden for error And by another Statute made in the six and thirtieth year of the same King Edward the Third 36 E. 3. c. 15. It is amongst other things Enacted That all pleas which shall be pleaded in any Courts before any the Kings Iustices or in his other places or before any of his other Ministers or in the Courts and places of any other Lords within the Realm shall be entred and inrolled in Latine And whereas by the Statute made in the third year of King Henry the seventh 3 H. 7. cap. 1. power is given to the Chancellor the Lord Treasurer of England for the time being and the Kéeper of the Kings Privy Seal or two of them calling unto them a Bishop and a Temporal Lord of the Kings most Honourable Councel and the two Chief Iustices of the Kings Bench and Common Pleas for the time being or other two Iustices in their absence to procéed as in that Act is expressed for the punishmâ—â—â— of some particular offences therein mentioned And by the Statute made in the One and tâ—â—ntieth year of King Henry the Eighth 21 H. 8. cap. 20 The President of the Councel is associated to joyn with the Lord Chancellor and other Iudges in the said Statute of the third of Henry the seventh mentioned But the said Iudges have not kept themselves to the points limited by the said Statute but have undertaken to punish where no Law doth warrant and to make Decrées for things having no such Authority and to inflict heavier punishments then by any Law is warranted All matters â—â—â—minable in 〈◊〉 Star-Chamber maâ— be â—â—â—â—â—nable and 〈◊〉 â—â—o by the Common Law And forasmuch as all matters examinable or determinable before the said Iudges or in the Court commonly called the Star-Chamber may have their proper remedy and redress and their due punishment and correction by the Common Law of the Land and in the Ordinary course of Iustice elswhere and forasmuch as the reasons and motives inducing the erection and continuance of that Court do now cease and the procéedings Censures and Decrées of that Court have by experience been found to be an intolerable burthen to the Subject and the means to introduce an Arbitrary Power and Government And forasmuch as the Councel-Table hath of late times assumed unto it self a power to intermeddle in Civil causes and matters only of private interest betwéen party and party and have adventured to determine of the Estates and Liberties of the Subiect contrary to the Law of the Land and the Rights and Priviledges of the Subject by which great and manifold mischiefs and inconveniencies have arisen and happened and much incertainty by means of such procéedings hath béen conceived concerning Mens Rights and Estates For setling whereof and preventing the like in time to come Be it Ordained and Enacted by the Authority of this present Parliament Court of Star-Chamber and all its powers dissolved That the said Court commonly called the Star-Chamber and all Iurisdiction Power and Authority belonging unto or exercised in the same Court or by any the Iudges Officers or Ministers thereof be from the first day of August in the year of our Lord God One thousand six hundred forty and one clearly and absolutely dissolved taken away and determined and that from the said first day of August neither the Lord Chancellor or Kéeper of the Great Seal of England the Lord Treasurer of England the Kéeper of the Kings Privy-Seal or President of the Councel nor any Bishop Temporal Lord Privy-Councellor or Iudg or Iustice whatsoever shall have any power or authority to hear examine or determine any matter or thing whatsoever in the said Court commonly called the Star-Chamber or to make pronounce or deliver any Iudgment Sentence Order or Decrée or to do any Iudicial or Ministerial Act in the said Court And that all and every Act and Acts of Parliament and all and every Article clause and sentence in them and every of them by which any Iurisdiction power or Authority is given limited or appointed unto the said Court commonly called the Star-Chamber or unto all or any the Iudges Officers or Ministers thereof or for any procéedings to be had or made in the said Court or for any matter or thing to be drawn into question examined or determined there shall for so much as concerneth the said Court of Star-Chamber and the power and authority thereby given unto it be from the said first day of August repealed and absolutely revoked and made void And be it likewise Enacted Like Iurisdiction in several other Courts repealed and taken away That the like Iurisdiction now used and exercised in the Court before the President and Councel in the Marches of Wales and also in the Court before the President and Councel established in the Northern parts And also in the Court commonly called the Court of the Dutchy of Lancaster held before the Chancellor and Councel of that Court And also in the Court of Exchequer of the County Palatine of Chester held before the Chamberlain and Councel of that Court The like Iurisdiction being exercised there shall from the said first day of August One thousand six hundred forty and one be also repealed and absolutely revoked and made void any Law prescription custome or usage Or the said Statute made in the third year of King Henry the seventh Or the Statute made the One and twentieth of Henry the Eigth Or any Act or Acts of Parliament heretofore had or made to the contrary thereof in any wise notwithstanding And that from henceforth no Court Councel No Court or Councel to have the like Iurisdiction or place of Iudicature shall be erected ordained constituted or appointed within this Realm of England or Dominion of Wales which shall have use or exercise the same or the like Iurisdiction as is or hath béen used practised or exercised in the said Court of Star-Chamber Be it likewise declared and Enacted by Authority of this present Parliament The King nor his privy Councel shall have no Iurisdiction over any mans estate That neither his Majesty nor his Privy-Councel have or ought to have any Iurisdiction power or authority by English Bill Petition Articles Libel or any other Arbitrary way whatsoever to examine or draw into question determine or dispose of the Lands Tenements Hereditaments Goods or Chattels of any the Subjects of this Kingdome But that the same ought to be tryed and determined in the ordinary Courts of Iustice and by the ordinary course of the Law And be it further provided and Enacted That if any Lord Chancellor Penalties upon great Officers and others for the first offence or Kéeper of the Great Seal of England Lord Treasurer Kéeper of the Kings Privy Seal President of the Councel Bishop Temporal Lord Privy Councellor Iudg or Iustice whatsoever shall offend or do
any thing contrary to the purport true intent and meaning of this Law Then he or they shall for such offence forfeit the sum of Five hundred pounds of lawful Money of England unto any party grieved his Executors or Administrators who shall really prosecute for the same and first obtain Iudgment thereupon to be recovered in any Court of Record at Westminster by Action of Debt Bill Plaint or Information wherein no Essoin Protection Wager of Law Aid-Prayer Priviledg Injunction or Order of restraint shall be in any wise prayed granted or allowed nor any more then one Imparlance And if any person against whom any such Iudgment or Recovery shall be had as aforesaid shall after such Iudgment or Recovery offend again in the same then he Second offence or they for such offence shall forfeit the sum of One thousand pounds of lawful money of England unto any party grieved his Executors or Administrators who shall really prosecute for the same and first obtain Iudgment thereupon to be recovered in any Court of Record at Westminster by Action of Debt Bill Plaint or Information in which no Essoin Protection Wager of Law Aid-Prayer Priviledg Iniunction or Order of Restraint shall be in any wise prayed granted or allowed nor any more then one Imparlance And if any person against whom any such second Iudgment or Recovery shall be had as aforesaid shall after such Iudgment Third offence or recovery offend again in the same kind and shall be thereof duly convicted by Indictment Information or any other lawful way or means that such person so convicted shall be from thenceforth disabled and become by vertue of this Act incapable Ipso facto to bear his and their said Office and Offices respectively and shall be likewise disabled to make any Gift Grant Conveyance or other disposition of any of his Lands Tenements Hereditaments Goods or Chattels or to take any benefit of any Gift Conveyance or Legacy to his own use And every person so offending shall likewise forfeit and lose unto the party grieved Treble damages to the party grieved by any thing done contrary to the true intent and meaning of this Law his treble damages which he shall sustain and be put unto by means or occasion of any such Act or thing done the same to be recovered in any of his Majesties Courts of Record at Westminster by Action of Debt Bill Plaint or Information wherein no Essoin Protection Wager of Law Aid-Prayer Priviledg Injunction or Order of Restraint shall be in any wise Prayed Granted or Allowed nor any more then one Imparlance Every person committed contrary to this Act shall have an Habea◠Corpus And be it also provided and Enacted That if any person shall hereafter be committed restrained of his Liberty or suffer imprisonment by the Order or Decrée of any such Court of Star-Chamber or other Court aforesaid now or at any time hereafter having or pretending to have the same or like Iurisdiction power or authority to commit or imprison as aforesaid Or by the command or Warrant of the Kings Maiesty his Heirs or Successors in their own Person or by the command or Warrant of the Councel-board or of any of the Lords or others of his Majesties Privy Councel That in every such case every person so committed restrained of his liberty or suffering imprisonment upon demand or motion made by his Counsel or other imployed by him for that purpose unto the Iudges of the Court of Kings Bench or Common Pleas in open Court shall without delay upon any pretence whatsoever for the ordinary Fées usually paid for the same have forthwith granted unto him a Writ of Habeas Corpus to be directed generally unto all and every Sheriffs Gaoler Minister Officer or other person in whose custody the party committed or restrained shall be and the Sheriffs Gaoler Minister Officer or other person in whose custody the party so committed or restrained shall be shall at the return of the said Writ and according to the command thereof upon due and convenient notice thereof given unto him at the charge of the party who requireth or procureth such Writ and upon security by his own bond given to pay the charge of carrying back the prisoner if he shall be remanded by the Court to which he shall be brought as in like cases hath béen used such charges of bringing up and carrying back the prisoner to be alwayes ordered by the Court if any difference shall arise thereabout bring or cause to be brought the body of the said party so committed or restrained unto and before the Iudges or Iustices of the said Court from whence the same Writ shall issue in open Court and shall then likewise certify the true cause of such his detainer or imprisonment and thereupon the Court within thrée Court-dayes after such return made and delivered in open Court shall procéed to examine and determine whether the cause of such commitment appearing upon the said return be iust and legal or not and shall thereupon do what to Iustice shall appertain either by delivering bailing or remanding the prisoner And if any thing shall be otherwise wilfully done or omitted to be done by any Iudg Iustice Officer or other person aforementioned contrary to the direction and true meaning hereof That then such person so offending shall forfeit to the party grieved Treble damages in default his treble damages to be recovered by such means and in such manner as is formerly in this Act limited and appointed for the like penalty to be sued for and recovered To what Courts this Act shall extend Provided alwayes and be it Enacted That this Act and the several clauses therein contained shall be taken and expounded to extend only to the Court of Star-Chamber and to the said Courts holden before the President and Councel in the Marches of Wales and before the President and Councel in the Northern parts and also to the Court commonly called the Court of the Dutchy of Lancaster holden before the Chancellor and Councel of that Court And also in the Court of Exchequer of the County Palatine of Chester held before the Chamberlain and Councel of that Court And to all Courts of like Iurisdiction to be hereafter erected ordained constituted or appointed as aforesaid And to the Warrants and directions of the Councel-boards and to the commitments restraints and imprisonments of any person or persons made commanded or awarded by the Kings Majesty his Heirs or Successors in their own person or by the Lords and others of the Privy Councel and every one of them Offenders of this Act shall be impleaded within two years after any offence And lastly provided and be it Enacted That no person or persons shall be sued impleaded molested or troubled for any offence against this present Act unless the party supposed to have so offended shall be sued or impleaded for the same within two years at the most after such
time wherein the said offence shall be committed CAP. XI A Repeal of the Branch of a Statute primo Elizabethae concerning Commissioners for Causes Ecclesiastical VVHereas in the Parliament holden in the first year of the reign of the late Quéen Elizabeth late Quéen of England there was an Act made and established Intituled An Act restoring to the Crown the antient Jurisdiction over the State Ecclesiastical and Spiritual St. 1 Eliz. 2 and abolishing all Forreign Power repugnant to the same In which Act amongst other things there is contained one Clause Branch Article or Sentence whereby it was Enacted to this effect Namely That the said late Quéens Highness her Heirs and Successors Kings or Quéens of this Realm should have full power and authority by vertue of that Act by Letters Patent under the Great Seal of England to assign name and authorite when and as often as her Highness her Heirs or Successors should think méet and convenient and for such and so long time as should please her Highness her Heirs or Successors such person or persons being natural born Subjects to her Highness her Heirs or Successors as her Majesty her Heirs or Successors should think méet to exercise use occupy and execute under her Highness her Heirs and Successors all manner of Iurisdictions Priviledges and preheminence in any wise touching or concerning any Spiritual or Ecclesiastical Iurisdiction within these her Realms of England and Ireland or any other her Highnesse Dominions and Countries and to visit reform redresse order correct and amend all such errors heresies schismes abuses offences contempts and enormities whatsoever which by any manner Spiritual or Ecclesiastical power Authority or Iurisdiction can or may lawfully be reformed ordered redressed corrected restrained or amended to the pleasure of Almighty God the increase of vertue and the conservation of the Peace and Vnity of this Realm And that such person or persons so to be named assigned authorized and appointed by her Highness her Heirs or Successors after the said Letters Patents to him or them made and delivered as aforesaid should have full power and Authority by vertue of that Act and of the said Letters Patents under her Highness her Heirs or Successors to exercise use and execute all the Premisses according to the tenor and effect of the said Letters Patents any matter or cause to the contrary in any wise notwithstanding And whereas by colour of some words in the aforesaid Branch of the said Act High Commission Court whereby Commissioners are Authorized to execute their Commission according to the tenor and effect of the Kings Letters Patents and by Letters Patents grounded thereupon the said Commissioners have to the great and insufferable wrong and oppression of the Kings Subjects used to fine and imprison them and to exercise other Authority not belonging to Ecclesiastical Iurisdiction restored by that Act and divers other great mischiefs and inconveniences have also ensued to the Kings Subjects by occasion of the said Branch and Commissions issued thereupon and the executions thereof Therefore for the repressing and preventing of the aforesaid abuses mischiefs and inconveniencies in time to come Be it Enacted by the Kings most Excellent Majesty The said branch of the stat 1 El. c. 2. repealed and the Lords and Commons in this present Parliament Assembled and by the Authority of the same That the foresaid Branch Clause Article or Sentence contained in the said Act and every word matter and thing contained in that Branch Clause Article or Sentence shall from henceforth be repealed annulled revoked annihilated and utterly made void for ever any thing in the said Act to the contrary in any wise notwithstanding Rep. St. 13 Car. 1. cap. 11. And be it also Enacted by the Authority aforesaid that no Archbishop Bishop Power taken away from Archbishops Bishops and other Ecclesiastical persons and Courts Exp. St. 13. Car. 2. c. 12. nor Vicar-General nor any Chancellor Official nor Commissary of any Arch-bishop Bishop or Vicar-General nor any Ordinary whatsoever nor any other Spiritual or Ecclesiastical Iudg Officer or Minister of Iustice nor any other person or persons whatsoever exercising Spiritual or Eccesiastical Power Authority or Iurisdiction by any Grant License or Commission of the Kings Majesty his Heirs or Successors or by any power or authority derived from the King his Heirs or Successors or otherwise shall from and after the first day of August which shall be in the year of our Lord God one thousand six hundred forty and one award impose or inflict any pain penalty fine amerciament imprisonment or other corporal punishment upon any of the Kings Subjects for any contempt misdemeanor crime offence matter or thing whatsoever belonging to Spiritual or Ecclesiastical cognizance or Iurisdiction Oath ex officio St. 13 Car. 2. cap. 12. or shall ex officio or at the instance or promotion of any other person whatsoever urge enforce tender give or minister unto any Churchwarwarden Sydeman or other person whatsoever any corporal Oath whereby he or she shall or may be charged or obliged to make any presentment of any crime or offence or to confess or to accuse himself or her self of any crime offence delinquency or misdemeanor or any neglect matter or thing whereby or by reason whereof he or she shall or may be lyable or exposed to any censure pain penalty or punishment whatsoever upon pain and penalty that every person who shall offend contrary to this Statute Penalty treble damages and one hundred pounds shall forfeit and pay treble damages to every person thereby grieved and the sum of One hundred pounds to him or them who shall first demand and sue for the same which said Treble damages and sum of One hundred pounds shall and may be demanded and recovered by Action of Debt Bill or Plaint in any Court of Record wherein no priviledg Offendors convicted disabled from any office or imployment by the Kings Letters Patents Essoin protection or wager of Law shall be admitted or allowed to the Defendant And be it further Enacted That every person who shall be once convicted of any act or offence prohibited by this Statute shall for such act or offence be from and after such conviction utterly disabled to be or continue in any office or imployment in any Court of Iustice whatsoever or to exercise or execute any power authority or jurisdiction by force of any Commission or Letters Patents of the King his Heirs or Successors And be it further Enacted That from and after the said first day of August No new Court to be erected with the like power no new Court shall be erected ordained or appointed within this Realm of England or Dominion of Wales which shall or may have the like power jurisdiction or Authority as the said High Commission Court now hath or pretendeth to have But that all and every such Letters Patents Commissions and Grants made or to be made by his
Majesty his Heirs or Successors And all Powers and Authorities Granted or pretended or mentioned to be Granted thereby and all Acts Sentences and Decrées to be made by vertue or colour thereof shall be utterly void and of none effect CAP. XII A Subsidy Granted to the King of Tunnage and Poundage Tunnage and Poundage and other sums of Money payable upon Merchandize Exported and Imported from the 15th of July 1641. to the 10th of August next EXP. CAP. XIII Such Monies secured as are or shall be due to the Inhabitants of the County of York and the other adjoyning Counties for the Billet of the Souldiers and to certain Officers of the Army who forbear part of their pay according to an Order in that behalf made in the Commons House of Parliament this present Session for such part of their pay as they shall so forbear EXP. CAP. XIV The late Preceedings touching Ship-money declared unlawful and all Records and Process concerning the same made void Shipâ—rits VVHereas divers Writs of late time issued under the Great Seal of England commonly called Ship-Writs for the charging of the Ports Towns Cities Burroughs and Counties of this Realm respectively Certioraries to provide and furnish certain Ships for his Majesties service Mittimus And whereas upon the Execution of the same Writs and Returns of Certioraries thereupon made and the sending the same by Mittimus into the Court of Exchequer Process hath béen thence made against sundry persons pretended to be charged by way of Contribution for the making up of certain sums assessed for the providing of the said Ships and in especial in Easter Term Scire facias against John Hampden Esquire Demurrer in the thirtéenth year of the Reign of our Soveraign Lord the King that now is a Writ of Scire facias was awarded out of the Court of Exchequer to the then Sheriff of Buckingham-Shire against John Hampden Esquire to appear and shew cause why he should not be charged with a certain sum so assessed upon him upon whose appearance and demurrer to the procéedings therein the Barons of the Exchequer adjourned the same case into the Exchequer-Chamber where it was solemnly argued divers dayes and at length it was there agréed by the greater part of all the Iustices of the Courts of Kings Bench and Common Pleas and of the Barons of the Exchequer there assembled That the said John Hampden should be charged with the said sum so as aforesaid assessed on him The main grounds and reasons of the said Iustices and Barons which so agréed being that when the good and safety of the Kingdom in general is concerned and the whole Kingdom in danger the King might by Writ under the Great Seal of England command all the Subjects of this His Kingdome at their charge to provide and furnish such manner of Ships with Men Victuals and Munition and for such time as the King should think fit for the defence and safeguard of the Kingdom from such danger and peril and that by Law the King might compel the doing thereof in case of refusal or refractorinses and that the King is the sole Iudg both of the danger and when and how the same is to be prevented and avoided according to which grounds and reasons all the Iustices of the said Courts of Kings Bench and Common Pleas and the said Barons of the Exchequer having béen formerly consulted with by his Maiesties command Extrajudicial Opinion had set their hands to an extraiudicial opinion expressed to the same purpose which Opinion with their names thereunto was also by his Majesties command inrolled in the Courts of Chancery Kings Bench Common Pleas and Exchequer and likewise entred among the Remembrances of the Court of Star-Chamber Iudgment and according to the said agréement of the said Iustices and Barons Iudgment was given by the Barons of the Exchequer That the said John Hampden should be charged with the said sum so assessed on him And whereas some other Actions and Proces depend and have depended in the said Court of Exchequer and in some other Courts against other persons for the like kind of charge grounded upon the said Writs commonly called Shipwrits all which Writs and procéedings as aforesaid were utterly against the Law of the Land Shipmoney proceedings thereupon contrary to Law Be it therefore declared and Enacted by the Kings most excellent Majesty and the Lords and Commons in this present Parliament assembled and by the Authority of the same That the said charge imposed upon the Subject for the providing and furnishing of Ships commonly called Ship-money and the said extrajudicial opinion of the said Iustices and Barons and the said Writs and every of them and the said agréement or opinion of the greater part of the said Iustices and Barons and the said judgment given against the said John Hampden were and are contrary to and against the Laws and Statutes of this Realm the right of property the liberty of the Subjects former resolutions in Parliament and the Petition of Right made in the third year of the Reign of his Maiesty that now is St. 3 Car. 1. Petition of right to be observed And it is further declared and Enacted by the Authority aforesaid That all and every the particulars prayed or desired in the said Petition of Right shall from henceforth be put in execution accordingly and shall be firmly and strictly holden and observed as in the same Petition they are prayed and expressed and that all and every the Records and remembrances of all and every the Iudgment Iudgments proceedings touching ship-money and all entries records inrolments thereof made void Inrolments Entry and procéedings as aforesaid and all and every the procéedings whatsoever upon or by pretext or colour of any of the said Writs commonly called Ship-Writs and all and every the Dependents on any of them shall be Déemed and Adiudged to all intents constructions and purposes to be utterly void and disannulled and that all and every the said Iudgment Inrolments Entries Procéedings and Dependents of what kind soever shall be vacated and cancelled in such manner and forme as Records use to be that are vacated CAP. XV. Touching Incroachments and Oppressions in the Stannary Courts WHereas King EDWARD the first of famous memory did for the Amendment of the Stannaries in the County of Devon E. 1. Charter grant divers Franchises and Liberties to the Tinners there And whereas in the Parliament in the fiftieth year of King EDWARD the third upon the petition of the Commons of the County of Devon certain Branches and Articles of the said Charter were explained in manner following That is to say whereas one Article of the said Charter is in these words following Explained 50 E. 3. viz. Sciatis nos ad emendationem Stannariarum nostrarum in Com. Devon ad tranquilitatem utilitatem Stannatorum nostrorum praedictorum earundem Concessisse pro nobis haeredibus
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
and are hereby from henceforth Discharged And also the Kings Majesty is contented That it be further Enacted by Authority of this present Parliament and be it Enacted by the Authority aforesaid That this His said Frée Pardon Indempnity and Oblivion shall be as good and effectual in the Law to every of his said Subjects Bodies Corporate and others before rehearsed in for and against all things which be not hereafter in this present Act Excepted and Foreprized as the same Pardon Indempnity and Oblivion should have béen if all Offices Contempt Forfeitures Causes Matters Suits Quarrels Iudgments Executions Penalties and all other things not hereafter in this present Act Excepted and Foreprized had béen particularly singularly especially and plainly named rehearsed and specified and also pardoned by proper and express Words and Names in their Kinds Natures and Qualities by Words and Terms thereunto requisite to have béen put in and expressed in this present Act of Frée Pardon Indempnity and Oblivion And that his said Subjects nor any of them nor the Heirs Executors or Administrators of any of them nor the said Bodies Corporate and others before named and rehearsed nor any of them be nor shall be Sued Vexed or Inquieted by or on the behalf of the Kings Majesty his Heirs or Successors in their Bodies Goods Chattels Lands or Tenements for any manner of Matter Cause Contempt Misdemeanor Forfeiture Trespass Offence or any other thing Suffered Done or committed before the said twenty fourth day of June One thousand six hundred sixty against His late Majesty King Charles or His Majesty that now is His Crown Dignity Prerogative Laws or Statutes but onely for such Matters Causes and Offences as be Excepted and Foreprized by this present Act out of the same any Statute or Statutes Laws Customs or Vsages heretofore had made or used to the contrary in any wise notwithstanding And that all and every the Kings said Subjects and all and singular Bodies Corporate and others before rehearsed may by him or themselves or by his or their Deputy or Deputies or by his or their Attorney or Attorneys according to the Laws of this Realm plead and minister this present Act of Frée Pardon for his or their Discharge of or for any thing that is by vertue of this present Act Pardoned Discharged Given or Granted without any Fée or other thing paying to any person or persons for wriiing or entry of the Iudgements or other cause concerning such Plea Writing or Entry but onely sixtéen pence to be paid to the Officer or Clerk that shall enter such Plea Matter or Iudgement for the Parties Discharge in that behalf any Law Statute Vsage or Custom to the contrary notwithstanding And furthermore the Kings Majesty is contented and pleased that it be Enacted This Pardon c. to be expounded in all Courts most beneficial for the Subject and be it Enacted by the authority aforesaid That this His said Frée Pardon Indemntty and Oblivion by the general Words Clauses and Sentences before rehearsed shall be reputed déemed adjudged expounded allowed and taken in all manner of Courts of his Highness and elsewhere beneficial and available to all and singular the said Subjects Bodies Corporate and others before rehearsed and to every of them in all things not in this present Act excepted or foreprized without any ambiguity question or other delay whatsoever it shall be to be made pleaded objected or alleadged by the King our Soveraign Lord His Heirs or Successors or by His or any of their general Attorney or Attorneys or by any person or persons for his Highness or any of His Heirs or Successors And furthermore be it Enacted by the King our Soveraign Lord The Penalty of any Officer c. that shall go about to disquiet or trouble any person pardoned by this Act. and the authority aforesaid That if any Officer or Clerk of any of His Highness Courts commonly called the Chancery Kings-Bench and Common-pleas or of his Exchequer or any other Officer or Clerk of any other of His Highness Courts within this Realm at any time of the passing of this present Act make out or write out any manner of Writs Process Summons or other Precepts whereby any of the said Subjects or of the said Bodies Corporate or others before rehearsed or any of them shall be in any wise arrested attached distrained summoned or otherwise vexed inquieted or grieved in his or their Bodies Lands Tenements Goods or Chattels or in any of them for or because of any manner of thing pardoned or discharged by vertue of this Act of Frée Pardon Or if any Sheriff or Escheator or any of their Deputy or Deputies or any Bayliff or other Officer whatsoever by colour of his or their Office or otherwise after the passing of this present Act do levy receive take or withhold of or from any person or persons any thing pardoned or discharged by this Act That then every such person so offending and thereof lawfully convicted or condemned by any sufficient testimony witness or proof shall yield and pay for recompence thereof to the party so grieved or offended thereby his or their treble damages besides all costs of the Suit and shall also forfeit and lose to the Kings Majesty for every such default ten pounds And nevertheless all and singular such Writs Process and Precepts so to be made for or upon any manner of thing pardoned or discharged by this present Act of Frée Pardon Indemnity and Oblivion shall be utterly void and of none effect Except and alwayes foreprized out of this Frée and General Pardon Exceptions out of his Pardon All Murder not comprised in the first clause of this Pardon excepted Pyracy excepted Buggery Rapes and wilful taking away any Maid excepted all Murders done or committed by any person or persons other then such which are pardoned and discharged in the first clause of pardon above mentioned And also excepted and alwayes foreprized out of this General and Frée Pardon all and every the offences of Piracy and Robbery upon the Seas not done in relation to the Diffrences and Wars aforesaid and every procuring or abetting of any such Offendors and the comforting and receiving of them or any of them or any goods taken by way of such Piracy or Robbery upon the Seas as aforesaid And also excepted the detestable and abominable Vice of Buggery committed with Mankind or Beast And also excepted all Rapes and carnal Ravishments of Woman And also excepted all Ravishments and wilful taking away or marrying of any Maid Widow or Damsel against her will or without the assent or agréement of her Parents or such as then had her in custody and also all Offences of aiding comforting procuring and abetting of any such Ravishment wilful taking or Marrying had committed or done And also excepted all Offences made Felony by a certain Act made and ordained Entiuled Double Marriages excepted Witchcraft excepted Accompts of certain Treasurers and Receivers
offending to Gaol till the next Sessions there to be indicted and procéeded against for the same and that the Officers and Inhabitants of the Village or Parish where such offence shall happen shall be assistant therein and moreover the party grieved shall have his Action or Actions against such offender or offenders and therein recover his treble damages and treble costs In which Action no Essoin Wager of Law Aid-prayer Priviledge Protection Imparlance Iniunction or Order of Restraint No action upon this Statute to be stayed but by Order of the Court where such action depends shall be granted or allowed And if any person or persons shall after notice given that the Action depending is grounded upon this Statute cause or procure any Action at the common Law grounded on this Statute to be delayed or stayed before Iudgment by colour or means of any Order Power Warrant or Authority save onely of the Court where such Action shall be brought and depending or after Iudgment had upon such Action shall cause or procure Execution of such Iudgment to be stayed or delayed by colour or means of any Order Warrant Power or Authority save only by Writ of Errour or Attaint or Order of such Court where such Writof Errour or Attaint shall be depending That then the person so offending shall incur the pains penalties Premunire and forfeitures ordained and provided by the Statute of Provision and Premunire made in the sixtéenth year of the Reign of King Richard the second Provided alwayes That this Act extend not to prejudice any of His Majesties Rights Titles or Duties of in or to or out of any Tinne in the Stannaries of Devon and Cornwall Proviso for the Stannaries Butserage Prisage nor to prejudice the ancient Duties of Butlerage and Prizage of Wines but that the same shall be in the same plight that the same were before the making of this Act any thing herein contained to the contrary in any wise notwithstanding Recompence to his Majesty for the Court of Wards and Purveyances And now to the intent and purpose that His Majesty His Heirs and Successors may receive a full and ample Recompence and Satisfaction as well for the profits of the said Court of Wards and the Tenures Wardships Liveries Primer-Seizins Ousterlemaines and other the Premisses and Perquisites incident thereunto and for all Arrears any way due for the same as also for all and all manner of Purveyance and Provisions herein before mentioned and intended to be taken away and abolished and all sums of money due or pretended to be due or payable for and in respect of any compositions for the same 12 Car. 2. cap. 23. Rates of the Excise Be it therefore Enacted by the Authority aforesaid That there shall be paid unto the Kings Majesty His Heirs and Successors for ever hereafter in recompence as aforesaid the several Rates Impositions Duties and Charges herein after expressed and in manner and form following that is to say For every Barrel of Beer or Ale above six shillings the barrel brewed by the Common Brewer or any other Person or Persons who doth or shall sell or tap out beer or Ale publickly or privately to be paid by the common Brewer or by such other person or persons respectively and so proportionably for a greater or lesser quantity One shilling three pence XV. d. For every barrel of Six shillings Beer or Ale or under brewed by the common Brewer or any other person or persons who doth or shall sell or tap out such Beer or Ale publickly or privately to be paid by the said common Brewer or by such other person or persons respectively as aforesaid and so proportionably for a greater or lesser quantity three pence iij. d. For all Syder and Perry made and sold by retail upon every Hogshead to be paid by the Retayler thereof and so proportionably for a greater or lesser measure One shilling three pence XV. d. For all Metheglin or Mead sold whether by Retail or otherwise to be paid by the maker thereof upon every Gallon One half-penny Ob. For every Barrel of Beer commonly called Vinegar-Beer brewed by any common Brewer in any common Brew-house six pence Vi. d. For every Gallon of Strong-water or Aquavitae made and sold to be paid by the maker thereof One penny i. d. For every barrel of Beer or Ale Imported from beyond the Seas Three Shillings iij. s. For every Tun of Syder or Perry Imported from beyond the Seas and so proportionably for a greater or lesser quantity Five shillings V. s. For every gallon of Spirits made of any kind of Wine or Syder Imported Two pence ij d. For every gallon of Strong-water perfectly made Imported from beyond the Seas Four pence iiij d. For every Gallon of Coffee made and sold to be paid by the maker Four pence iiij d. For every gallon of Chocolatte Sherbet and Tea made and sold to be paid by the maker thereof Eight pence Viij d. And be it further Enacted and Ordained by the Authority aforesaid That the several Rates Rates of Excise upon forreign Liquors imported to be paid in money before landing Duties and Charges of Excise or New Impost above mentioned hereby set or imposed upon all and every the said Forreign Liquors which shall be Imported or brought into all or any the Ports of this Kingdom and Dominions thereof aforesaid from and after the five and twentieth day of December next shall be from time to time satisfied and paid by the Merchant or Merchants Importer or Importers of the same in ready money upon his or their Entry or Entries made and before the landing thereof And be it further Enacted by the Authority aforesaid Entries to be made at the Office of Excise by Common Brewers Inn-keepers c. That all common Brewers of Béer and Ale shall once in every Wéek And all Inn-kéepers Alehouse-kéepers Victuallers and other Retaylers of Béer Ale Syder Perry Metheglin or Strong-water Brewing Making or Retailing the same shall once in every moneth make true and particular Entries at the Office of Excise within the limits of which the said Commodities and Manufactures are made of all Béer Ale Perry Syder Metheglin Strong-Water or other the Liquors aforesaid which they or any of them shall Brew make or Retail in that Wéek and Moneth respectively as aforesaid And be it further Enacted by the Authority aforesaid That all such common Brewers The penalty for not making Entries who do not once a Wéek make due and particular Entries shall forfeit ten pounds And that every such Inn-kéeper who doth not make true and particular Entries once a Moneth shall forfeit five pounds And that every Alehouse-kéeper Victualler or other Retailer who doth not once a moneth make due and particular Entries shall forfeit twenty shillings And be it further Enacted by the Authority aforesaid That every Common Brewer The penalty for not paying who shall not pay and clear off
Kingdom of England Dominion of Wales and Town of Berwick upon Tweed by retail for above Eightéen pence the quart And that no Gascoigne or French Wines whatsoever shall be sold by Retail above eight pence the quart And that no Rhenish Wines whatsoever shall be sold by retail above Twelve pence the quart And according to these rates The Penalties for a greater and lesser quantity all and every the said Wines shall and may be sold upon pain and penalty that every such person or persons who shall utter or sell any of the said Wines by retail that is to say by Pint Quart Pottle or Gallon or any other greater or lesser Retail-measure at any rate excéeding the Rates hereby limited do and shall forfeit for every such Pint Quart Pottle Gallon or other greater or lesser quantity so sold by retail the sum of Five pounds the one moyety of which forfeiture shall be to our Soveraign Lord the King His Heirs and Successors and the other moyety to him or them that shall sue for the same to be recovered in manner and form as aforesaid Provided nevertheless The Lord Chancellor c. may set the Prises of Wines yearly or alter the same That it shall and may be lawful to and for the Lord Chancellor of England Lord Treasurer Lord President of the Kings Councel Lord Privy Seal and the two Chief Iustices or Five Four or Thrée of them And they are hereby Authorized yearly and every year betwéen the twentieth of November and the last day of December and no other times to set the Prises of all and every the said Wines to be sold by retail as aforesaid at higher or lower rates then are herein contained so that they or any of them cause the Prises by them set to be written and open Proclamation thereof to be made in the Kings Court of Chancery yearly in the Term time or else in the City Burrough or Towns Corporate where any such Wine shall be sold And that all and every the said Wines shall and may be sold by retail at such prises as by them or any Five Four or thrée of them shall be set as aforesaid from time to time for the space of one whole year to commence from the first day of February next after the setting thereof and no longer and no greater prises under the pains and penalties aforesaid to be recovered as aforesaid and afterwards And in default of such setting of prises by the said Lord Chancellor of England Lord Treasurer Lord President of the Kings Councel Lord Privy Seal and the two Chief Iustices or Five Four or Thrée of them as aforesaid at the respective Rates and Prises set by this Act and under the penalties as aforesaid to be recovered as aforesaid Stat. 13 Car. 2. cap. 7. CAP. XXVI The levying of the Twelve Moneths Assessment commencing the 24th of June 1659. and the six Moneths Assessment commencing the Twenty Fifth of December 1659. EXP. Stat. 13 Car. 2. cap. 7. CAP. XXVII Four hundred and twenty thousand pounds by an Assessment of Threescore and ten Thousand pounds by the Moneth Granted for Six Moneths for Disbanding the Remainder of the Army and paying off the Navy with Rules and Instructions for the same EXP. Stat. 13 Car. 2. cap. 7. CAP. XXVIII Further supplying and explaining certain defects in an Act Intituled An Act for the provision of money for Disbanding and paying off the Forces of this Kingdom both by Land and Sea EXP. Stat. 13 Car. 2. cap. 7. CAP. XXIX Seventy thousand pounds to be raised for the further supply of His Majesty EXP. Stat. 13 Car. 2. cap. 7. CAP. XXX The Attainder of several persons Guilty of the Horrid Murther of His late Sacred Majesty King Charles the First IN all humble manner shew unto Your most Excellent Majesty Your Majesties most dutiful and loyal Subjectts the Lords and Commons in Parliament Assembled That the Horrid and Execrable Murther of Your Majesties Royal Father The horrid murder of King Charles the first how first contrived and plotted our late most Gracious Soveraign Charles the First of ever blessed and glorious memory hath béen committed by a party of wretched men desperately wicked and hardned in their Impiety who having first plotted and contrived the ruine and destruction of this excellent Monarchy and with it of the true Reformed Protestant Religion which had béen so long protected by it and flourished under it found it necessary in order to the carrying on of their pernicious and traiterous designs to throw down all the Bullwarks and Fences of Law and to subvert the very being and constitution of Parliament that so they might at last make their way open for any further attempts upon the Sacred Person of his Maiesty himself And that for the more easy effecting thereof they did first seduce some part of the then Army into a compliance and then kept the rest in subjection to them partly for hopes of preferment and chiefly for fear of losing their imployments and arrears untill by these and other more odious arts and devices they had fully strengthened themselves both in power and faction which being done they did declare against all manner of Treaties with the person of the King even then while a Treaty by advice of both Houses of Parliament was in being Remonstrate against the Houses of Parliament for such procéedings seize upon his Royal person while the Commissioners were returned to the House of Parliament with his Answer and when his Concessions had béen Voted a ground for peace seize upon the House of Commons seclude and imprison some Members force out others and there being left but a small remnant of their own Creatures not a tenth part of the whole did séek to shelter themselves by this weak pretence under the name and Authority of a Parliament and in that name laboured to prosecute what was yet behind and unfinished of their long intended Treason and Conspiracy To this purpose they prepared an Ordinance for erecting a prodigious and unheard of Triennal which they called An High Court of Justice for Tryal of his Majesty and having easily procured it to pass in their House of Commons as it then stood moulded ventured to send it up from thence to the Péers then sitting who totally rejected it whereupon their rage and fury increasing they presume to pass it alone as an Act of the Commons and in the name of the Commons of England and having gained the pretence of Law made by a power of their own making pursue it with all possible force and cruelty until at last upon the thirtieth day of January one thousand six hundred forty and eight His Sacred Majesty was brought unto a Scaffold and there publickly Murthered before the Gates of his own Royal Palace And because by this Horrid action the Protestant Religion hath received the greatest wound and reproach and the people of England the most insupportable shame and infamy that was
County of Southampton being parcel of the Mannor of Husband Priors which by order and decrée of the High-Court of Chancery of the one and twentieth of June One thousand six hundred sixty one she is to be forthwith restored unto and put into possession of and to quietly hold and enjoy the same during her Widowhood with the mean profits thereof taken by the said Mr Wallop But that it shall and may be lawful to and for the said Rachel Powre to hold and enjoy the same according to the said Decrée Proviso for Sir John Bourchier Provided alwayes and it is hereby further Enacted That it shall and may be lawfull to and for Barrington Bourchier Esquire Son and Heir of Sir John Bourchier herein before mentioned to hold and enjoy all and singular the Lands Tenements and Hereditaments to him lately granted and conveyed or mentioned to be granted and conveyed in and by certain Letters Patents under the Great Seal of England bearing date the Two and twentieth day of March in the thirtéenth year of His Majesties Reign against His Majesty His Heirs and Successors for ever according to the full intent and meaning of the said Letters Patents Any thing in this present Act contained to the contrary thereof in any wise notwithstanding Anno XIII Car. II. Regis ACTS made at the second meeting in this present Parliament begun at Westminster the 8th day of May Anno Dom. 1661. And there continued untill the 20th of December and from that day adjourned unto the seventh of January next ensuing as followeth CAP. I. An Act for the well Governing and Regulating of Corporations impowring the King to issue Commissions for the removing placing and restoring certain Officers and Members there FOr and within the several Cities Corporations and Burroughs and Cinque-Ports and their Members and other Port-Towns within the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed viz. All Mayors Aldermen Recorders Bailiffs Town-Clerks Common-Councel-men and other persons then bearing any Office or Offices of Magistracy or Places or Trusts or other Imployment relating to or concerning the Government of the said respective Cities Corporations and Burroughs and Cinque-ports and their Members and other Port-Towns and for tendring to all such the Oaths of Allegiance and Supremacy and this Oath following I A. B. do declare and believe That it is not lawful upon any pretence whatsoever to take Arms against the King and that I do abhor that Traiterous Position of taking Arms by His Authority against His Person or against those that are Commissioned by Him So help me God And also for subscribing this following Declaration I A. B. do declare That I hold that there lies no Obligation upon me or any other person from the Oath commonly called The Solemn League and Covenant and that the same was in it self an unlawful Oath and imposed upon the Subjects of this Realm against the known Laws and Liberties of the Kingdom EXP. 25. March 1663. as to the Power of the said Commission and Commissioners But None to be chosen any Officer in any Corporation that shall not have taken the Sacrament within a year next before Provided also and Enacted by the Authority aforesaid That from and after the expiration of the said Commissions no person or persons shall for ever hereafter be placed elected or chosen in or to any the Offices or Places aforesaid that shall not have within one year next before such Election or Choice taken the Sacrament of the Lords Supper according to the Rights of the Church of England and that every such person and persons so placed elected or chosen shall likewise take the aforesaid thrée Oaths and subscribe the said Declaration at the same time And shall take the said three Oaths and subscribe the said Declaration when the Oath for the due execution of the said Places and Offices respectively shall be administred And in default hereof every such placing election and choice is hereby Enacted and Declared to be void CAP. II. Vexations and Oppressions by Arrests and of Delayes in Suits of Law prevented WHereas by the Ancient and Fundamental Laws of this Realm The antient fundamental Law in proceeding to arrests upon Suits to express the true cause of Action in the Processe in case where any person is Sued Impleaded or Arrested by any Writ Bill or Process issuing out of any of His Majesties Courts of Records at Westminster in any Common Plea at the Suit of an◠Common person the true cause of Action ought to be set forth and particularly expressed in such Writ Bill or Process whereby the Defendant may have certain knowledge of the cause of the Suit and the Officer who shall execute such Writ Bill or Process may know how to take Security for the Appearance of the Defendant to the same and the sureties for such Appearances may rightly understand for what cause they become engaged And whereas there is a great Complaint of the People of this Realm that for divers years now last past very many of His Majesties good Subjects have béen arrested upon general Writs of Trespass quare clausum fregit Bills of Middlesex Latitat's and other like Writs issued out of the Courts of Kings Bench and Common-Pleas not expressing any particular or certain cause of Action and thereupon kept prisoners for a long time for want of Bail Bonds with Sureties for Appearances having béen demanded in so great sums that few or none have dared to be security for the Appearances of such persons so arrested and imprisoned although in truth there hath béen little or no cause of Action and often times there are no such persons who were named Plaintiffs but those Arrests have béen many times procured by malitious persons to vex and oppress the Defendants or to force from them unreasonable and unjust Compositions for obtaining their Liberty And by such evil practices many men have béen and are daily undone and destroyed in their Estates without possibility of having Reparation The Actors imployed in such practises having béen for the most part poor and lurking persons and their Actings so secret that it hath béen found very difficult to make true discoveries or proof thereof For remedy and prevention of which so great growing evils and mischiefs and also for discouraging all frivolous and uniust Suits and Causeless Arrests for the future Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled and by the Authority of the same That from and after the Twelfth day of February in the year of our Lord Persons arrested by Process out of the Kings Bench or Common Pleas not expressing the cause of Action how to be bailed and set to liberty upon their own Bonds for appearance One thousand six hundred sixty and one no person or persons who shall happen to be arrested by any Sheriff Vnder-sheriff
for the Kings Aulnage And that if any piece or pieces of Stuffs shall be found in the possession of any person or persons unsealed except in the possession of the first Owner or Maker thereof the person or persons in whose custody the same shall be found shall be adjudged guilty of deceit and shall forfeit for every such piece of Stuff which be so found in his or their possession unsealed as aforesaid the sum of Four shillings The penalty for buying unsealed Stuffs And the Maker and Seller of the same who shall deliver the same out of his or their possession before the same be sealed shall likewise forfeit for every such piece other Four shillings to the use of the Poor of the said Trade and Manufacture And that if any person shall counterfeit any Seal of the said Trade or shall seal any piece of Stuff under the Regulation with any counterfeit Seal The penalty for counterfeiting any seale of the said Trade or shall remove a Seal off one piece and set it unto another piece which hath not béen sealed by the Wardens every person so offending and being thereof convicted by his own confession or by the Oath of two or more Witneses to be taken before the Mayor of the said City or his Deputy or any one Iustice of the Peace of the City of Norwich or County of Norfolk who respectively have hereby power to administer an Oath for that purpose shall forfeit for every such offence the sum of twenty pounds of lawful English money to the use of the Kings Majesty None may use the said Trade but such as have been apprentices 7. years And be it further Enacted by the Authority aforesaid That no person or persons shall use or exercise the same Trade as a Weaver unless he hath served to the same Trade as an Apprentice by the space of seven years upon pain of forfeiting Fourty shillings for every moneth he shall use or exercise the same Trade not having served thereunto as aforesaid the one half thereof to the Kings Majesty and the other half thereof to the person or persons who will sue or prosecute for the same by Action of Debt The penalty Bill Plaint Indictment or Information in any of His Majesties Courts of Record Every one shall weave his own marke in his Stuff And that every person under the said Regulation shall weave his proper Stuff-Mark into every piece of Stuff which he shall weave or cause to be woven at the head end of the same piece upon pain of forfeiting thrée shillings for every piece that shall be woven without such Mark to the use of the poor of the said Trade and Manufacture The Wardens and Assistants may enter houses Work houses and ware houses to search for Stuffs And the said Wardens and Assistants or any two or more of them shall have and hereby have power to enter into and search the Houses and Work-houses of any Artificers within the City of Norwich and County of Norfolk under the Regulation of the said Wardens and Assistants and the Shops House and Ware-houses of any Merchant common buyer dealer in and retailer of any the said Stuffs and into the house and Work-house of any Dier Shéer-man Callender or other workmans house and place of sale and dressing of the said Stuffs at all times of the day and usual times of working and may there search and view the Stuffs there found whether they be ordered and made according to this present Act Faulty and defective Stuffs to be seized and tryed and the Laws Orders and Ordinances of the said Trade And that if any such Stuff as aforesaid shall be found faulty or defective That then they or any two of them shall seize take and carry away the same to be ordered and brought to Tryal and procéeded against in manner and form as is before in this present Act mentioned and appointed for defective Stuffs Proviso for poor Iourneymen And for the better providing that poor Iourneymen who have served in the said Trade and are not able to set up for themselves may be Imployed in work It is hereby Enacted that whatsoever person under the Regulation of the said Trade who shall Imploy two Apprentices in the said Trade shall likewise Imploy and set on work two Iourneymen in the said Trade during the time he imploys two Apprentices And that no Master-weaver under the Regulation of the said Trade shall at any time have imploy or set on work above two Apprentices or any wéek-boy to weave in a Loom in the said Trade in Worsted-weaving upon pain that every person shall forfeit for every moneth so offending as aforesaid the sum of five pounds to the use of the Kings Majesty Obedience and conformity to this Act. And be it further Enacted That all persons who are or may be concerned in any thing contained in this present Act are hereby strictly enjoyned and required to yield due obedience thereunto according to the true intent and meaning of this present Act And that if any person or persons shall refuse Penalty upon such as shall refuse or hinder the Execution hinder or will not permit the said Wardens or Assistants or any two or more of them to execute their Office according to the Tenor of this Act That then every person so offending being thereof Convicted by the Oath of one or more credible Witnesses before the Mayor of the said City or his Deputy or any one Iustice of Peace of the said City of Norwich or County of Norfolk respectively who are hereby Authorized to administer such Oath shal forfeit the sum of Forty shillings to the use of the Kings Majesty And if any person lawfully Summoned to appear upon any Iury or Trial according to the Tenor of this Act The penalty for not appearing upon a Iury or tryall shall refuse or neglect to appear and procéed upon the same every person so refusing or neglecting shall forfeit for every such neglect or refusal the sum of Five shillings to to the use of the Poor of the said Trade and Manufacture which said penalties and forfeitures together with all other Fines and Penalties which are appointed to go to the poor of the Trade and Manufacture or for the use thereof mentioned in this Act the means of Recovery of which is not already otherwise herein provided and set forth shall be levied by distress and sale of the Offenders Goods and Chattels by warrant to be granted by the said Mayor or his Deputy for the time being or any one Iustice of Peace of the City of Norwich or County of Norfolk rendring the Overplus of such distress to the Owner thereof if any shall be and the same shal be by him demanded or otherwise to be recovered by Action of Debt Bill Plaint Indictment or Information in any His Majesties Courts of Record wherein no wager of Law Essoyn or Protection shall be allowed to
should sit and méet should have full Power and Authority to Hear Examine Order and Decrée all and every such Cause and Causes in a brief and summary course without formalities of pleadings or procéedings with Power to warn Parties to come before them and to examine upon Oath any Witnesses that should be produced and to commit to Prison any Person that should wilfully disobey their final Orders and Decrées And the Commissioners to sit once wéekly upon the Execution of the said Commission with a liberty in the said Act for any person grieved by any such Sentence or Decrée to exhibite his Bill in Chancery for the re-examination of such Sentence or Decrée as by the said Act relation being thereunto had more at large may appear But forasmuch as by the said recited Act without five Commissioners there cannot be a Court and without there be a Court they cannot procéed in the execution of their Commission so much as to summon Parties or Witnesses to appear And in case of neglect or refusal of any Party or Witness to appear they have no power to punish the delay or contempt with Costs or otherwise And it is provided by the said Act That not any Commissioner other then the Iudge of the Admiralty or the Recorder of London shall procéed in the execution of such Commission before he hath taken his Oath before the Lord Maior and Court of Aldermen to procéed uprightly and indifferently betwéen party and party which upon the renewing of the said Commission often proves a great delay there being so many Commissioners to be Sworn and the Court of Aldermen not sitting at sometimes in the year when the said Commissions have happened to be renewed And although the said Commissioners upon their final Sentence have power to commit to Prison any person that shall wilfully disobey their said Sentences or Decrées yet they have no power to make any Order against the Ship or Goods which commonly are the things assured by which Omissions for want of Power given by the said Act the benefits intended by the said Act of Parliament are much retarded and the mischiefs by the Act endeavoured to be prevented much increased For remedy whereof Be it Enacted and Ordained And it is hereby Enacted and Ordained by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled That from and after the Four and twentieth day of June which shall be in the year of our Lord One thousand six hundred sixty and two it shall and may be lawful to and for the Lord Chancellor or Lord Kéeper of the Great Seal of England for the time being Three Commissioners impowred to act to issue out yearly or oftner if néed require one standing Commission under the Great Seal of England thereby impowring and authorizing the said Commissioners or any thrée of them whereof a Doctor of the Civil Law or a Barrister at Law of five years standing at the least to be always one to meet and sit and make a Court and procéed in all things in the execution of the said Commission as before by the said Act any Five might have done And that the said Commissioners or any such thrée of them as aforesaid be and hereby are impowred to Summon Parties and Witnesses to appear and in case of contempt or wilful delay in the Witnesses upon the first Summons and tender of reasonable Charges and in the Parties upon their second Summons Costs to punish the Offenders by Imprisonment or Costs for such time and in such manner as shall be reasonable and according to the nature and quality of their offences And that it shall and may be lawful to and for every such Commissioner to procéed in the execution of the said Commission Lord Mayor of London may administer the Oath having first taken an Oath before the Lord Mayor of the City of London for the time being only to procéed uprightly and indifferently betwéen party and party And the said Lord Mayor is hereby Authorized to give such Oath Any thing in the said Act to the contrary notwithstanding And that no person shall procéed in Execution of the said Commission before he be first Sworn before the Lord Mayor of London for the time being to procéed uprightly and indifferently betwéen party and party as formerly he should have béen before the Lord Mayor and Court of Aldermen Be it also Enacted by the Authority aforesaid That in case the said Commissioners Commissions out of the Admiralty Court to examine Witnesses beyond Sea or any such thrée of them as aforesaid shall find cause to examine Witnesses beyond the Seas or any remote parts of his Majesties Dominions for the clearing of any doubt or matter before them depending that in such case by direction of the said Commissioners or any such thrée of them like Commissions or Process shall issue out of the Court of Admiralty as have formerly béen for the purposes aforesaid returnable before the said Commissioners And that the said Commissioners or any such thrée of them shall have also power to give and pass their final Sentence Decrée and Executions as well against the body of the party evicted or his goods as also against the Executors and Administrators of such party so evicted And to Assesse Costs of Suit upon such person or persons as shall be condemned by the Decrée of the said Court as to them shall séem Iust And forasmuch as many Witnesses as Sea-men and others come and spéedily go again to Sea Witnesses going to see how to be examined before before a Court can be summoned by which means the Assured and Assurers are many times much damnified For the preventing of which mischief Be it also Enacted by the Authority aforesaid That it shall and may be lawful to and for any one of the said Commissioners to Administer an Oath to any Witness legally summoned to give testimony timely notice being thereof given to the Adverse party and set up in the Office before such examination to the end such Witness or Witnesses may be cross-examined Provided always That the said Commissioners shall in no case procéed both against person and goods for one and the same debt And provided also Appeal to the Chancery That any thing in this Act contained shall not in any wise extend to prejudice the appeal to the High Court of Chancery given or allowed in the said former Act of Parliament CAP. XXIV An Act Declaratory concerning Bankrupts WHereas divers Noblemen Gentlemen and persons of quality no ways bred up to Trade or Merchandize do oftentimes put in great stocks of money into the East-India Company or Guiney Company and the Fishing Trade and such other publike Societies and receive the procede of those Stocks sometimes in ready monies sometimes in Commodities which they usually sell for money or exchange again by which means the Trade of those Companies is
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
time or times during the space of thrée years from the Twenty fourth day of July in the year of our Lord One thousand six hundred sixty and thrée to Summon and Continue together so many of the said Trained Forces within their respective Counties and Precincts 14 Car. 2. cap. 3. and so long as they shall judge convenient in lieu of certain days appointed for Exercise and Musters by the said Act Entituled An Act for Ordering the Forces in the several Counties of this Kingdom No Troop to be kept upon duty above 14 days Provided always And be it Enacted That any Troop Company or Souldiers may be so kept upon such Duty by vertue hereof fourtéen days and no longer in any one year Commissioned Foot-Officers discharged from finding Arms. Provided always And be it Enacted That every Commissioned Foot-Officer in the Train-Bands or Militia of this Kingdom setled according to Act of Parliament shall be and is hereby exempted and excused from finding and contributing towards the finding and contributing towards the finding any Horse Horse-man or Arms or Foot-Souldier and Arms for his whole Estate if at any time it is charged but for one Horse or a less charge or for such part of his Estate as is or shall be charged with one Horse if his whole Estate be charged with a greater charge then one Horse in the County or Lieutenancy where he so serves as a Foot-Officer in respect of the expence which the said Imployment doth necessarily engage him in Any thing in the said Acts to the contrary notwithstanding The Duty of Constables in executing Warrants of the Lieutenants or Deputies Be it also Enacted and Ordained That each Constable Tything-man or other Officer of any Parish or place under the penalty for every neglect of forfeiting Forty shillings shall and do by vertue of a Warrant directed to him from the respective Lieutenants and Deputy-Lieutenants or any thrée or more of them Levy all arrears and proportions of money unpaid that were set or charged for the Raising Training and Arraying the Trained Bands and Forces actually raised and in being before the passing of the said mentioned Act by the Distress and sale of the Goods of any person or persons refusing to pay the same rendring back the overplus if any the charge of Distress and Sale being first deducted Troopers and Souldiers shall be subject to Exercise and Duty Be it also Enacted That every Trooper or Foot-Souldier at any time raised by vertue or according to the directions of this present Act shall be subject to such Exercise and Duty as others charged or raised by the said mentioned Act shal accordingly upon like pains penalties observe and kéep all the respective Orders and Directions of the said Act and of this present Act and shall suffer the same penalties for committing any of the respective crimes and offences exprest in the said Act which said pains and penalties are in the like cases to be imposed and levied in the same manner and by the same ways and means as are set down in the said Act. And whereas the fourth part of one moneths Assessment in each County A fourth part or a moneths assesment how to be disposed after the rate of Seventy thousand pounds by the moneth is by the said Act yearly appointed for furnishing Munition and other necessaries Be it Enacted and delared by the Authority aforesaid That the said respective Lieutenants and Deputies or any thrée or more of them shall from time to time have power to dispose of so much of the said fourth part to the inferiour Officers imployed in or about the said respective Forces for their pains and encouragement as to them the said Lieutenants and Deputies or any thrée or more of them shall seem expedient Provided always and be it Enacted Persons sued for matters done by this Act may plead the general issue That it shall be lawful to every person and persons that shall have any Action or Suit brought against him or them for any thing done in execution of this or the said Act to plead the General Issue and to give the special matter in Evidence and if Iudgment shall be given for the Defendant or if the Plaintiff shall become Nonsuit or discontinue his Suit then he shall recover double Costs Provided also and be it Enacted Double costs to the Defendant That no Action or Suit shall be brought against any person for any thing done in execution or by pretence of the execution of this or the said Act unless the said Action or Suit be laid in the proper County and commenced within six moneths next after such cause of Action Provided and be it further Enacted by the Authority aforesaid That one Clause contained in a certain Act Entituled An Act declaring the sole right of the Militia to be in the King 13 Car. 2. c. 6 and for the present Ordering and disposing of the same and made for the Indempnifying of all persons acting in the Militia from the four and twentieth of June One thousand six hundred and sixty to the twentieth of July One thousand six hundred sixty and one as touching the Assaulting Detaining or Imprisoning any person suspected to be a Fanatick Sectary or Disturber of the Peace Fanatick Sectaries or seizing of Arms or searching of houses for Arms or for suspected persons shall be construed to Commence and take effect and shall be good and effectual in Law for the Indempnifying of all persons whatsoever acting in the Militia of this Kingdom for any the matters aforesaid betwixt the second day of February One thousand six hundred fifty nine and the four and twentieth of June One thousand six hundred and sixty inclusive by vertue or colour of any Authority or Command whatsoever any thing in the said Act or in any other Act to the contrary thereof in any wise notwithstanding And be it further Enacted by the Authority aforesaid That the several forfeitures How the forfeitures and penalties upon this Act may be levyed Penalties and payments by this present Act Imposed Set or Directed not otherwise by this present Act provided to be Levied Sued for or Recovered shall or may in case of default be Levied or Recovered by Warrant under the hands and Seals of the respective Lieutenants and Deputy-Lieutenants or any thrée or more of them upon the Goods and Chattels of the Offender and by Sale of the same rendring the party the overplus if any be And if sufficient of the Goods and Chattels of such Offender cannot be found or had whereof to levy such forfeiture payment or penalty then the said respective Lieutenants and Deputy-Lieutenants or any thrée or more of them shall have power and are hereby authorized by like Warrant under their hands and seals to commit such Offender to Prison untill he shall make satisfaction according to the said forfeiture payment or penalty And it is further Declared and
upon Tweed At which Conventicle Méeting or Assembly there shall be five persons or more assembled together over and above those of the same Houshold Then it shall and may be lawful to and for any two Iustices of the Peace of the County The punishment and manner of proceeding against them for the first offence Limit Division or Liberty wherein the Offence aforesaid shall be committed or for the Chief Magistrate of the place where such Offence aforesaid shall be committed if it be within a Corporation where there are not two Iustices of the Peace And they are hereby required and enjoyned upon proof to them or him respectively made of such offence either by confession of the party or oath of Witness or notorious evidence of the Fact which Oath the said Iustices of the Peace and Chief Magistrate respectively are hereby impowred and required to administer to make a Record of every such offence and offences under their hands and seals respectively which Record so made as aforesaid shall to all intents and purposes be in Law taken and adjudged to be a full and perfect Conviction of every such Offender for such offence And thereupon the said Iustices and Chief Magistrate respectively shall commit every such Offender so convicted as aforesaid to the Gaol or house of Correction there to remain without Bail or Mainprise for any time not excéeding the space of thrée Moneths unless such Offender shall pay down to the said Iustices or Chief Magistrate such sum of money not excéeding five pounds as the said Iustices or Chief Magistrate who are hereby thereunto authorized and required shall Fine the said Offender at for his or her said offence which money shall be paid to the Church-wardens for the relief of the Poor of the Parish where such Offender did last inhabit And be it further Enacted by the authority aforesaid The second offence That if such Offender so convicted as aforesaid shall at any time again commit the like offence contrary to this Act and be thereof in manner aforesaid convicted Then such Offender so convict of such second offence shall incur the penalty of Imprisonment in the Gaol or house of Correction for any time not excéeding six months without Bail or Mainprise unless such offender shal pay down to the said Iustices or Chief Magistrate such sum of money not excéeding Ten pounds as the said Iustices or Chief Magistrate who are thereunto authorized and required as aforesaid shall Fine the said Offender at for his or her said second offence the said Fine to be disposed in manner aforesaid And be it further Enacted by the Authority aforesaid The third offence That if any such Offender so convict of a second offence contrary to this Act in manner aforesaid shall at any time again commit the like offence contrary to this Act Then any two Iustices of the Peace and Chief Magistrate as aforesaid respectively shall commit every such Offender to the Gaol or house of Correction there to remain without Bail or Mainprise until the next General Quarter Sessions Assizes Gaol-delivery great Sessions or sitting of any Commission of Oyer and Terminer in the respective County Limit Division or Liberty which shall first happen when and where every such Offender shall be procéeded against by Indictment for such offence and shal forthwith be arraigned upon such Indictment and shall then plead the General Issue of not guilty and give any special matter in Evidence or confess the Indictment And if such Offender procéeded against shall be lawfully convict of such Offence either by Confession or Verdict or if such Offender shal refuse to Plead the General Issue or to confess the Indictment then the respective Iustices of the Peace at their General Quarter-Sessions Iudges of Assize and Gaol-delivery at the Assizes and Gaol-delivery Iustices of the great Sessions at the great Sessions and Commissioners of Oyer and Terminer at their sitting are hereby enabled and required to cause Iudgement to be entred against such Offender That such Offender shall be Transported beyond the Seas to any of His Majesties Foreign Plantations Virginia and New-England onely excepted there to remaine Seven years And shall forthwith under their Hands and Seals make out Warrants to the Sheriff or Sheriffs of the same County where such Conviction or Refusal to Plead or to Confess as aforesaid shall be safely to convey such Offender to some Port or Haven néerest or most commodious to be appointed by them respectively And from thence to Embarque such Offender to be safely Transported to any of his Majesties Plantations beyond the Seas as shall be also by them respectively appointed Virginia and New-England onely excepted Whereupon the said Sheriff shall safely Convey and Embarque or cause to be Conveyed and Embarqued such Offender to be Transported as aforesaid under pain of forfeiting for default of so Transporting every such Offender the sum of forty pounds of lawful money the one Moyety thereof to the King the other Moyety to him or them that shall Sue for the same in any of the Kings Courts of Record by Bill Plaint Action of Debt or Information In any of which no Wager of Law Essoign or Protection shall be admitted And the said respective Court shall then also make out Warrants to the several Constables Headboroughs or Tythingmen of the respective places where the Estate real or personal of such offender so to be Transported shall happen to be commanding them thereby to Sequester into their hands the profits of the Lands and to distrain and sell the Goods of the offender so to be Transported for the reimbursing of the said Sheriff all such reasonable charges as he shall be at and shall be allowed him by the said respective Court for such Conveying and Embarquing of such offender so to be Transported rendring to the party or his or her Assigns the overplus of the same if any be unless such offender or some other on the behalf of such offender so to be Transported shall give the Sheriff such Security as he shall approve of for the paying all the said Charges unto him And be it further Enacted by the Authority aforesaid How Seditious Sectaries convicted may be transported That in default of defraying such Charges by the parties so to be Transported or some other in their behalf or in default of Security given to the Sheriff as aforesaid It shall and may be lawful for every such Sheriff to Contract with any Master of a Ship Merchant or other person for the Transporting of such offender at the best rate he can And that in every such case it shall and may be lawful for such persons so Contracting with any Sheriff for Transporting such offender as aforesaid to detain and employ every such offender so by them Transported as a Labourer to them or their Assigns for the space of Five years to all intents and purposes as if he or she were bound by Indentures to such person for
and paid in to the Receiver-General of the said several Counties who shall be appointed by His Majesty And who are hereby required to transmit or cause the same to be paid into His Majesties Receipt of His Exchequer on or before the first day of May in the year of our Lord One thousand six hundred sixty and five The second payment And the sum of Two hundred and six thousand four hundred and fifty and eight pounds six shillings eight pence being the second of the said quarterly Payments on or before the first day of August in the year of our Lord One thousand six hundred sixty five The third payment And the sum of Two hundred and six thousand four hundred and fifty and eight pounds six shillings and eight pence being the third of the said quarterly Payments on or before the first day of November in the year of our Lord One thousand six hundred sixty five And the sum of Two hundred and six thousand four hundred and fifty and eight pounds six shillings eight pence The fourth payment being the fourth of the said quarterly Payments on or before the first day of February in the year of our Lord One thousand six hundred sixty five And the sum of Two hundred and six thousand four hundred and fifty and eight pounds six shillings eight pence being the fifth of the said quarterly payments The fifth payment on or before the first day of May in the year of our Lord One thousand six hundred sixty six And the sum of Two hundred and six thousand four hundred and fifty and eight pounds six shillings eight pence being the sixth of the said quarterly payments The sixth payment on or before the first day of August in the year of our Lord One thousand six hundred sixty six And the summe of Two hundred and six thousand four hundred and fifty and eight pounds six shillings eight pence being the seventh of the said quarterly payments on or before the first day of November The seventh payment in the year of our Lord One thousand six hundred sixty six And the summe of Two hundred and six thousand four hundred and fifty and eight pounds six shillings eight pence The eight payment being the eighth of the said quarterly payments on or before the first day of February in the year of our Lord One thousand six hundred sixty six And the summe of Two hundred and six thousand four hundred and fifty and eight pounds six shillings eight pence The ninth payment being the ninth of the said quarterly payments on or before the first day of May in the year of our Lord One thousand six hundred sixty seven And the summe of Two hundred and six thousand four hundred and fifty and eight pounds six shillings eight pence being the tenth of the said quarterly payments The tenth payment on or before the first day of August in the year of our Lord One thousand six hundred sixty seven and the sum of Two hundred and six thousand four hundred and fifty and eight pounds six shillings eight pence being the eleventh of the said quarterly payments on or before the first day of November The eleventh payment in the year of our Lord One thousand six hundred sixty seven and the sum of Two hundred and six thousand four hundred and fifty and eight pounds The twelfth payment six shillings eight pence being the twelfth of the said quarterly payments on or before the First day of February in the year of our Lord One thousand six hundred sixty seven And for the compleating of the whole sum charged upon the same and to the end the aforesaid sums charged upon the several and respective Counties Cities Burroughs Towns and places may be equally and indifferently Assessed according to the true intent of this Act and the money duly Collected The duty of the Assessors and true accompt thereof made the said Assessors are hereby required to deliver one Copy of their respective Assessments fairly written and subscribed by them unto the said Commissioners and the said Commissioners or any two or more of them are hereby ordered and required to Sign and Seal two Duplicates of the said Assessements and the one of them to deliver or cause to be delivered to one or more honest and responsible person or persons to be Subcollector or Subcollectors Subcollectors for each parish which the said Commissioners are hereby authorized to nominate and appoint for each Parish or Place with Warrant to the said Subcollector or Subcollectors to Collect the said Assessment payable as aforesaid so as the said several sums may be paid into the said Receivers General and by them into the Receipt of His Majesties Exchequer at the respective times aforesaid and the said Commissioners are hereby required to deliver Duplicates to be transmitted into the Exchequer or cause to be delivered the other of the said Duplicates of each Parish or place to the Receiver General of each County City Town or place respectively to be by him the said Receiver-General transmitted into the Kings Remembrancers Office in the Exchequer which the said Receiver General is required to perform accordingly And be it further Enacted and Declared That the said Commissioners in their respective Divisions or Hundreds The Commissioners to nominate a Head Collector for each division or any two or more of them shall and are hereby impowred to nominate and appoint under their Hands and Seals an honest able and responsible person to be Head-Collector unto whom the moneys received by the Subcollectors within the Division or Hundred shall from time to time be duely paid And the said Head-Collector is hereby required upon the Receipt thereof to pay the same forthwith to the Receiver-General of each County respectively How Collectors and Sub-collectors shall pay the moneys received And be it further Enacted and Declared That the particular Collectors and Subcollectors are hereby required to pay in all and every the sums so received by them to the said Receivers-General aforesaid who are hereby required forthwith to transmit or cause to be paid the moneys by them received into the Receipt of His Majesties Exchequer And the said Lord Treasurer is hereby Authorised to allow the said Receiver-General of each County City and Town respectively Allowances to the Receivers General in case he hath returned up as aforesaid a Duplicate of the Assessment of each Parish or Place in the County City or Town for which he is appointed Receiver-General a Salary for his pains not exceeding one peny in the pound upon the cléering of his Accompt which Duplicate so to be returned into the Kings Remembrancers Office in the Exchequer is intended to contain no more then the sums in gross to be collected by each Sub-collector and the several names of the said Sub-collectors And it is hereby further Enacted and Declared Allowances to Sub-collectors That the
the Coals which shall be otherwise sold or exposed to sale by any Woodmonger or Retailer of Coals and the double value thereof to be recovered by any person or persons that will prosecute for the same in any Court of Record or by way of complaint made unto the Lord Mayor of London for the time being and Iustices of Peace within the City of London and Liberties thereof or to any two of them or to the Iustices of Peace of the several and respective Counties and Places where such Coals shall be exposed to sale or any of them who are hereby Impowred and Required to call the Parties before them and to hear and examine such Complaint upon Oath which by vertue of this Act is to be administred by them or any Two of them and upon due proof thereof made to their satisfaction to Convict the Offenders and to give Warrant under their Hands and Seals for levying the Forfeitures accordingly the one half thereof to be to and for the use of the person or persons so prosecuting or complaining and the other half to and for the use of the Poor or repairing of the High-wayes within the same Parish or any other adjoyning Parish or Parishes to be appointed and apportioned by the direction of the said Lord Mayor and Iustices by such their Warrant as aforesaid And the said Lord Mayor of London and the Court of Aldermen for the time being Who may set Rates upon Coals in London and the Iustices of Peace of the several Counties respectively or any thrée or more of them whereof one to be of the Quorum are hereby impowred to set the Rates and Prises of all such Coals as shall be sold by Retail as they from time to time shall judge reasonable allowing a competent profit to the said Retailer beyond the price paid by him to the Importer and the ordinary charges thereupon accruing And that if any Ingrosser or Retailer of such Coals shall refuse to sell as aforesaid Ingrossers or Retailers refusing to â—ell at the said Rates That then the said Lord Mayor and Aldermen and Iustices of Peace respectively are hereby authorised to appoint and impower such Officer or Officers or other persons as they shall think fit to enter into any Wharf or other place where such Coals are stored up And in case of refusal taking a Constable to force entrance and the said Coals to sell or cause to be sold at such Rates as the said Lord Mayor and Aldermen and Iustices respectively shall judge reasonable rendring to such Ingrosser or Retailer the money for which the said Coals shall be so sold necessary charges being deducted The continuance of this Act. Provided That this Act shall continue for thrée years next ensuing and thenceforth to the end of the next Session of Parliament and no longer Provided also That no person or persons that shall be sued by vertue of this Act for not observing thereof shall be sued upon any other Act or Law now in force for the same offence And if any Action shall be commenced against any Iustice of Peace Persons sued upon this Act may plead the general issue Constable or other Officer or Person for any thing done by colour of this Act the Defendant in every such Action may plead the general Issue and give the special matter in Evidence And if the Verdict be found for him or the Plaintiff become Non-suited shall recover and have his Damages and double Costs of suit for his unjust Vexation in that behalf Who may not act in setting Rates upon Coals Provided always That no Person having any Interest in any Wharf used for the receiving or uttering of Coals or that doth or shall Trade by himself or others in his own or any other name in the sale of any Coals or the Engrossing the same in order to sell the same and not for his own private use onely shall act or otherwise intermeddle in the setting the Price of Coals Any thing in this Act to the contrary in any wise notwithstanding CAP. III. For the Returning of able and sufficient Jurors FOr the returning of more able and sufficient Iurors for Trials hereafter to be had betwéen Party and Party and for reformation of abuses in Sheriffs and other Ministers who for reward do oftentimes spare the ablest and sufficientest and return the poorer and simpler Fréeholders less able to discern the Causes in question and to bear the charges of appearance and attendance thereon Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same Iurors for trials of issues shall have 20 l. per annum Freehold That all Iurors other then Strangers upon Tryals per medietatem linguae who are to be returned for the Tryals of Issues joyned in any of the Kings Majesties Courts of Kings Bench Common-Pleas or the Exchequer or before Iustices of Assize or Nisi Prius Oyer and Terminer Gaol-Delivery or General or Quarter-Sessions of the Peace from and after the twentieth day of April which shall be in the year of our Lord One thousand six hundred sixty five in any County of this Realm of England shall every of them then have in their own name or in trust for thâ—â— within the same County twenty pounds by the year at least above reprises in their own or their wives right of Free-hold Lands or of ancient Demesne or of Rents in Fee Fee-tail or for life And that in every County within the Dominion of Wales every such Iuror shall then have within the same eight pounds by the year at the least above reprises in manner aforesaid All which Persons having such Estate as aforesaid are hereby enabled and made lyable to be returned and to serve as Iurors for the Tryal of Issues before the Iustices aforesaid Any Law or Statute to the contrary in any wise notwithstanding And if any of a lesser Estate and value shall be respectively returned upon any such Iury or Tales in default of such Iurors it shall be a good cause of Challenge and the Party returned shall be discharged upon the said Challenge or his own Allegation and Oath thereof And that no Iury-mans Issues making default shall be saved but by special Order of the Iudge or Iudges before whom the Issue is to be tryed Issues of Iurors upon default for some just and reasonable cause proved upon Oath before the same Iudge or Iudges And all such Issues shall be duly estreated and levied The Ven ' fac And that the Writ of Venire facias which from and after the aforesaid time shall be awarded and directed for the impannelling of Iuries in cases aforesaid within any County of England shall be in this form Rex c. Praecipimus c. quod venire fac coram c. duodecem liberos legales homines
de vicineto de A. Quorum quilibet habeat viginti libras terrae tenementorum vel reddit per annum ad minus per quos c. qui nec c. And the residue of the said Writ shall be after the ancient manner And that those Writs which shall be awarded and directed for Returning of Iuries within the Dominion of Wales shall be made in the same manner altering onely the word Viginti into Octo. And that upon every such Writ and Writs of Venire facias Wales the Sheriff Coroner or other ministers of each respective County in England and Wales Penalty upon the Sheriff c. unto whom the making of the Pannel shall appertain shall not return in any such Pannel any person unless he shall then have Twenty pounds or Eight pounds respectively by the year at least as aforesaid in the same County where the Issue is to be tryed upon pain to forfeit for every person being returned in any such Pannel that shall not then have Twenty pounds or Eight pounds respectively as is aforesaid the sum of Five pounds to His Majesty His Heirs and Successors And for the better enabling the Sheriff of every County to know the value of the Estates of such persons as are by the true intent and meaning of this Act to be returned for Iury-men Be it further Enacted How the Sheriff shall find out persons fit to be returned for Iury-men That every Sheriff shall on the first day of every General Quarter-Sessions yearly held next after the Feast of Easter deliver or cause to be delivered unto the Iustices of Peace sitting at the same Sessions the names of all persons of such Estates as are by the true meaning of this Act to be returned for Iury-men to the end the Estates of such persons may be enquired after and such persons approved of by the said Iustices of Peace or the greater number of them then present to be persons of such Estates to be returnable for Iury-men for the year then next ensuing And the said Iustices shall have power to add such persons having Estates of the respective values before mentioned as they shall find to be omitted by the Sheriff amongst the names by him delivered and such competent number and no more of such persons as aforesaid shall be returnable to serve of Iuries for the year next ensuing as the said Iustices or the greater number of them as aforesaid shall think fit And that no Sheriff shall incur the penalty aforesaid for returning any of the persons so approved or added by the Iustices in case his Estate fall out to be of less value then aforesaid And it is further Enacted That no Sheriff or Bailiff of any Liberty or Franchise What time summons ought to be before appearance or any of their or either of their Ministers shall return any such person or persons as aforesaid to have been summoned by them or any of them unless such person or persons shall have been duly summoned by the space of six days at the least before the day on which they ought to make their appearance And have left with or for such persons in writing the names of all the parties in those Causes wherein they are to serve as Iurors Nothing may be taken to excuse appearance The Penalty nor shall directly or indirectly take any money or other reward to excuse the appearance of any Iuror by them or any of them to be summoned or returned upon pain to forfeit for every such offence the sum of Ten pounds Saving to all Cities and Towns Corporate their ancient Vsage of returning Iurors of such Estate and in such manner as heretofore hath béen used and accustomed And be it further Enacted by the Authority aforesaid That from henceforth upon Writs of Venire facias issued out and returned within the County-Palatine of Lancaster County-Palatine of Lancaster as of the same Assizes wherein the Issues are said to be joyned Writs of Habeas Corpora or Distringas shall be sued out like as is used in all other Counties within this Kingdom returnable at the then next Assizes And the Sheriff thereupon to return such Issues as is or ought to be done by the said Sheriffs of the said other Counties and those Issues to be duly estreated as above is provided And the better to cause and bring Iurors to appear upon Trials at Assizes within the said County-Palatine of Lancaster Be it further Enacted by the Authority aforesaid That the Sheriff of the same County-Palatine of Lancaster for the time being shall from henceforth cause twelve good and lawful men so qualified as before in this Act is appointed out of every of the six Hundreds within the said County-Palatine to be duly summoned or warned ten days at the least before the beginning of every Assizes to be and appear the first day of the then next Assizes and there to attend during the same Assizes to perform their duty and service to the Court as Iurors or Iurymen in such Causes betwéen party and party wherein they shall be respectively returned and impannelled upon pain that every of them that shall make default to appear and attend at and during the said Assizes to forfeit Ten pounds to the use and behoof of the Poor of the Town where such person or persons so making default doth inhabit and live the same to be levied recovered and had in such manner and ways as other Issues of Iurors use to be levied Provided That this Act shall continue and stand in force for the space of Thrée years The continuance of this Act. and from thence to the end of the next Session of Parliament and no longer CAP. IV. An Additional Act for the better Ordering and Collecting the Duty of EXCISE FOr the better Ordering and Collecting the Duty of Excise Be it Enacted and Declared by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by the Authority of the same That from and after the eighth day of November Powers given to Farmers of Excise which shall be in the year of our Lord One thousand six hundred sixty and five all Farmers of Excise or any of them within the several Circuits and Divisions of their respective Farms shall and are enabled hereby to exercise and put in Execution all such Powers and Authorities which the Commissioners or Sub-Commissioners of Excise are enabled to do and execute by the several Acts and Statutes of Excise for the levying raising receiving and managing of the said Revenue of Excise 12 Car. 2. cap. 24. 15 Car. 2. cap. 11. cap. 12 Except the Iudicial part of hearing and determining all breaches and offences against the Laws of Excise and of imposing mitigating or compounding of Fines or Penalties CAP. V. Delays in extending Statutes Judgments and Recognizances prevented Security by Statute
the East-Indies or any part beyond the Equinoctial shall be and are hereby Attainted of High Treason and shall suffer and forfeit to all intents and purposes as persons Attainted of High Treason ought to do CAP. VI. Damage Cleere taken away WHereas the moneys which are taken by Prothonotaries of Your Majesties Courts of Kings Bench and Common Pleas and by the Clerk of Your Majesties Court of Exchequer at Westminster and the Prothonotary of Your Majesties Court of Common Pleas at Lancaster and the Prothonotaries and Clerks of other Your Majesties Courts within the Realm of England and Dominion of Wales in the name of Damna Clericorum or Damage Cléere Damna Clericorum are an unnecessary charge and burden to all Your Majesties Subjects who have good cause and are put to Sue for Damages in Actions where Damages are recoverable For avoiding of which inconveniencies for the future and that Your Majesties Subjects may have an easier means for the recovery of their damages and just rights which are unjustly detained from them May it please Your most Excellent Majesty that it may be Enacted And the Kings most Excellent Majesty being willing upon all occasions to ease His Subjects of all unnecessary charges and burdens is graciously pleased That it be Enacted And be it Enacted by the Kings most Excellent Majesty Shall determine and not be taken after the 29 day or September 1672. with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same That immediately from and after the Twenty ninth day of September which shall be in the year of our Lord One thousand six hundred seventy two no Damage Cléere shall by any Title or Precept whatsoever be due payable taken or received from any person or persons in any Action whatsoever sued or prosecuted in any of His Majesties Courts at Westminster or elsewhere within the Kingdom of England or Dominion of Wales by any Prothonotary Clerk or Clerks or other Officer or Officers of the said Courts respectively And that from and after the day and year aforesaid the said Fée of Damna Clericorum or Damage Cléere shall wholly cease and be for ever abolished in the said Courts And that if any Prothonotary Clerk or Clerks or other Officer in any of the said Courts The Penalty shall take or exact any sum or sums of money in the name of Damna Clericorum or Damage Cléere or any thing in lieu thereof after the day and year above mentioned Or if any of the said Prothonotaries Clerk or Clerks or their Deputies at any time before the said Twenty ninth day of September in the year aforesaid shall exact or take any Damage Cléere or sum of money Bond or Security in lieu thereof from any Plaintiff or Plaintiffs Demandant or Demandants in any Action where Damages have béen or hereafter shall be recovered in any of the said Courts or shall refuse or delay to Sign any Iudgement until Damage Cléere be first paid by the Plaintiff or Demandant which are not to be paid unless forth of the moneys levied from or paid by the Defendants as is herein after provided and mentioned He or they so offending shall forfeit treble the sum so taken exacted or demanded to the party or parties grieved to be recovered by Bill Plaint or Information in any of the said Courts wherein no Essoyn Protection or Wager of Law shall be allowed Provided and be it further Enacted That until the Nine and twentieth day of September which shall be in the year of our Lord God In what cases only they may be taken until the 29 September 1672. One thousand six hundred seventy and two and no longer the Damage Cléere shall be paid answered and allowed out of such sum and sums of money onely as shall be actually levied or otherwise paid by or from the Defendants and onely for the proportion of the Sum and Sums of money which shall be so levied or otherwise paid as aforesaid and no more or otherwise CAP. VII For a more speedy and effectual proceeding upon Distresses and Avowries for Rents FOrasmuch as the ordinary Remedy for Arrearages of Rents is by Distress upon the Lands chargeable therewith And yet nevertheless by reason of the intricate and dilatory proceedings upon Replevins that Remedy is become ineffectual For remedy thereof It is Enacted by the Kings most Excellent Majesty with the Advice and Assent of the Lords Spiritual and Temporal Plaintiff in Replevin being nonsuit before issue joyned and Commons in this present Parliament Assembled and by Authority of the same That whensoever any Plaintiff in Replevin shall be Non-suit before Issue joyned in any Suit of Replevin by Plaint or Writ lawfully returned How the Defendant may Avow removed or depending in any of the Kings Courts at Westminster That the Defendant making a Suggestion in nature of an Avowry or Cognizance for such Rent to ascertain the Court of the cause of Distress The Court upon his Prayer shall award a Writ to the Sheriff of the County where the Distress was taken to enquire by the Oaths of Twelve good and lawful men of his Bayliwick touching the Sum in Arrear at the time of such Distress taken and the value of the Goods or Cattel distrained And thereupon notice of Fiftéen days shall be given to the Plaintiff or his Attorney in Court of the sitting of such Enquiry and thereupon the Sheriff shall enquire of the truth of the matters contained in such Writ by the Oaths of Twelve good and lawful men of his County And upon the Return of such Inquisition the Defendant shall have Iudgement to recover against the Plaintiff the Arrearages of such Rent in case the Goods or Cattel distrained shall amount unto that value And in case they shall not amount to that value then so much as the value of the said Goods and Cattel so distrained shall amount unto The Plaintiff nonsuit after Avowry made c. together with his full Costs of Suit and shall have Execution thereupon by Fieri facias or Elegit or otherwise as the Law shal require And in case such Plaintiff shal be nonsuit after Cognisance or Avowry made and Issue joyned or if the Verdict shall be given against such Plaintiff then the Iurors that are Impannelled or Returned to inquire of such Issue shall at the prayer of the Defendant inquire concerning the Sum of the Arrears and the value of the Goods or Cattel distrained And thereupon the Avowant or he that makes Cognisance shall have Iudgement for such Arrearages or so much thereof as the Goods or Cattel distrained amount unto together with his full Costs and shall have Execution for the same by Fieri facias or Elegit or otherwise as the Law shall require Iudgement upon Demurrer for the Avowant And be if further Enacted by the Authority aforesaid That if Iudgement in any of the Courts aforesaid
Authority aforesaid as followeth viz. That whereas there is already provided a strong and sufficient Messuage in the Parish of S. Thomas the Apostle near the City of Exon for the purpose aforesaid Exon City and One thousand pounds more by certain Trustees upon Proposals and Agréements made by them with cetain Gentlemen Iustices of the Peace for the County of Devon Devon who have also provided One thousand pounds more in order to purchase Lands of Inheritance for the good purposes hereafter mentioned Be it Enacted by the Authority aforesaid That the said Two thousand pounds be laid out in purchase of Lands of Inheritance by Order of the General Sessions of the Peace hereafter at any time to be held in the name of such persons as by such Order shall be appointed Item That the said House with the Grounds therewith inclosed be had and used as a Common Gaol and Workhouse for the said County in manner as is after expressed Item That an Overséer be therein placed by like Order and by like Order be removeable from time to time which Overseer shall have the charge custody and government of the Prisoners to him committed according to this Act and shall have Fifty pounds per annum during the execution of his Office and Ten pounds per annum for his Deputy but shall therefore take no fées for receiving delivering or doing any other service relating to the Prisoners from or of any the said Prisoners Item That the said Iustices by like Order from time to time shall and may by approbation of the Ordinary provide and appoint some méet and discréet Minister to read Divine Service according to the Orders of the Church of England unto the Prisoners at least four days in the wéek That is to say on the Lords day each Wednesday and each Friday and Saturday and oftner if the said Iustices shall appoint and to take pains in instructing them each Lords day at the least for which they may allow him Thirty pounds per annum or after that rate the rest of the Profits to be for Repairing the House and towards finding a Stock for to set the Prisoners on work Item That any person charged with such offence onely for which Clergy is allowable if so be he be néedy and indigent and not likely to maintain himself in Gaol may by Warrant of the Iustice or Iustices of the Peace to whom Iurisdiction in that behalf appertaineth be committed to the said Workhouse in order to his Trial and if any person shall be committed to the ordinary Gaol who shall be or become so indigent he may by Warrant of thrée Iustices of Peace whereof one to be of the Quorum be removed from the ordinary Common Gaol to the said House All which Prisoners so committed or removed shall be in the custody of the Overséer and be ordered and demeaned in the said House and conveyed to the Sessions or to the Gaol-delivery by like Warrant way and means as the Prisoners in other Gaols by the Laws and Statutes of this Realm are to be ordered and demeaned And because the said Workhouse is distant from the Ordinary Common Gaol the Prisoners by Order from the Sessions or Gaol-delivery may in order to their Trials be removed to the Common Gaol to be the more ready for their Trials Item That the said Overséer shall give Security for the Stock and be liable to such Regulations and Orders for Accompts and otherwise as the Sessions shall from time to time make for setting the poor Prisoners on work there which shall be obeyed and observed That a convenient Stock be from time to time raised at the Charge of the County Item That the said Iustices of the County in Devon may put in ure all the powers in this Act as other Iustices may in any other County by vertue thereof Saving to the Kings Majesty His Heirs and Successors and to every other person and persons and their Heirs Successors Executors and Administrators all Rights Titles Claims and Demands whatsoever into or out of the said Messuages and Premisses as if this Act had never béen made CAP. V. A former Act concerning Replevins and Avowries to extend to the Principality of Wales and the County Palatines 1. Car. 2. cap. 7. WHereas by an Act of Parliament Entituled An Act for the more speedy and effectual proceeding upon Distresses and Avowries for Rents Provision is made where any Plaintiff shall Nonsuit before Issue joyned in any Suit or Replevin by Plaint or Writ lawfully returned removed or depending in any of the Kings Courts at Westminster 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 That the said Act and all the Powers and Provisions thereby made for causes of Replevins depending in His Majesties Courts of Westminster shall be extended and be of the same force and efficacy in all causes of Replevin which are or shall be depending in His Majesties Court of Common Pleas for the County Palatine of Lancaster Lancaster Wales Chester the Courts of the Great Sessions of His Majesties Principality of Wales the Court of Great Sessions or Assizes for the County Palatine of Chester and the Court of Common Pleas for the County Palatine of Durham as fully and as amply for and during the continuance of the said Act as if the said Courts had been mentioned therein CAP. VI. A Redress of Inconveniencies by want of Proof of the Deceases of Persons beyond the Seas or absenting themselves upon whose Lives Estates do depend VVHereas divers Lords of Mannors and others have used to grant Estates by Copy of Court-Roll for one two or more life or lives according to the Custome of their several Mannors and have also granted Estates by Lease for one or more life or lives or else for years determinable upon one or more life or lives And it hath often happened that such person or persons for whose life or lives such Estates have béen granted have gone beyond the Seas or so absented themselves for many years that the Lessors and Reversioners cannot find out whether such person or persons be alive or dead by reason whereof such Lessors and Reversioners have béen held out of possession of their Tenements for many years after all the lives upon which such Estates depend are dead in regard that the Lessors and Reversioners when they have brought Actions for the recovery of their Tenements have béen put upon it to prove the death of their Tenants when it is almost impossible for them to discover the same For remedy of which mischief so frequently happening to such Lessors or Reversioners Be it Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same Persons beyond the Seas or absenting
Commissioner Farmer No Commissioner or other may act until he have taken the Oath in the Act of 12 Car. 2. cap. 23. Sub-Commissioner or other person imployed or to be imployed in the Farming Collecting or taking Accompts for the Duty of Excise do after the First day of September next take upon him or them any such Office or procéed in execution of any such Imployment until he or they have first taken the Oaths appointed to be taken by the Act of Parliament Entituled A Grant of certain Impositions on Beer Ale and other Liquors for the increase of His Majesties Revenue during His life before the respective persons appointed in the said Act of Parliament and have Entred his Certificate for taking the said Oaths with the Auditor for Excise under the penalty of Fifty pounds for every Moneth he or they shall so neglect to take the same CAP. XII An Explanatory Act for Recovery of the Arrears of Excise BE it Declared and Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and of the Commons in this present Parliament Assembled and by Authority of the same That where any Commissioner Sub-Commissioner Treasurer In what cases Sureties for Excise shall be answerable for the arrears 12 Car. 2. cap. 11. and all other Officers which were heretofore imployed in the Receipt of the Excise Farmer or Collector of Excise which are and standeth charged with or accomptable for any Duties of Excise by him or them received farmed or detained or any ways due from the persons before named or any of them and not pardoned by the late Act Entituled An Act of Free and General Pardon Indempnity and Oblivion That there and in such case all and every the Sureties of such person and persons charged or chargeable as aforesaid shall be deemed and taken to be liable and answerable according to the nature of their respective Securities Any doubt or question made touching the Construction of the said late Act of Frée and General Pardon to the contrary notwithstanding And be it further Declared and Enacted by the Authority aforesaid That where the Commissioners of Excise for the time being or the major part of them have Issued out any Summons or Warning which hath béen left at the house or usual place of residence or with the Wife Child or menial Servant of any the aforesaid person or persons Chargeable or Accomptable as aforesaid The same shall be déemed and adjudged a good and sufficient Summons and as legal and effectuall a notice as if the same had béen actually delivered to the proper hands of such person or persons to whom the same was directed Any doubt or question thereof made to the contrary notwithstanding CAP. XIII An Additional Act for the better Ordering and Collecting the Revenue arising by Hearth-Money VVHereas the Revenue Setled on His Majesty His Heirs and Successors by a late Act 14 Car. 2. cap. 10. Entituled An Act for Establishing an Additional Revenue upon His Majesty His Heirs and Successors for the better support of His and their Crown and Dignity hath béen much obstructed for want of true and just Accompts under the hands of the respective Occupiers of Houses Edifices Lodgings and Chambers as by the said Act is required and by the negligence of Constables and other Officers intrusted with the Taking and Reforming such Accompts Be it therefore Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same That the Iustices of the Peace of the respective Counties How the Iustices of the Peace shall cause accompts to be taken of the number of Hearths Corporations Places and Limits within their respective Iurisdictions at the next Sessions to be held after the Feast of Saint Michael the Archangel next ensuing or the major part of them then present shall issue out Warrants under their Hands and Seals to the respective High Constables or other like next Officer who shall issue the like Warrants unto the Petty Constables Head-boroughs and Tythingmen requiring them on the next Sunday after Morning-Service ended to give publick notice in the Church or Chappel generally to all the Inhabitants and also to give notice publickly in the Church and particularly as aforesaid to every Inhabitant within their respective Precincts that shall then be Occupier of any House Edifice Lodging or Chamber That within Ten days next after such notice he give a true and just account in writing under his hand of all Hearths and Stoves in such respective House Edifice Lodging and Chamber unto such respective Constable Head-borough and Tythingman who upon receipt of such Accompt shall with Two other substantial Inhabitants of the said respective Precinct whom they are hereby Authorized to Charge for that purpose in the day-time enter into the respective House Edifice Lodging and Chamber and upon his own view compare such Accompt and sée whether the same be truly made or not and endorse the same Accompt accordingly to what he finds upon his view which Accompt so received and endorsed shall be by him transmitted within twenty dayes after such Receipt to the respective High-Constable or other like Officer as aforesaid together with a Book or Roll fairly written wherein shall be Two Columes The one containing the Names of the persons and number of Hearths and Stoves in their respective Possessions that are chargeable by the said Act and the other the Names of the persons and number of Hearths and Stoves in their respective possessions which are not chargeable by the said Act Which being so received by such respective High Constable or other like Officer as aforesaid and compared together shall within six dayes after such Receipt be transmitted to the two next respective Iustices of the Peace who are hereby impowred to examine the said respective High-Constable or other like Officer as aforesaid Petty Constable Headborough or Tythingman upon Oath concerning the truth and faithfulness of their actings in the premisses which being done the said Iustices shall within ten days after such examination Sign and Transmit the said Book and Roll together with the said Original Accounts so endorsed as aforesaid and filed together unto the respective Clerk of the Peace who shall within Twenty days after receipt thereof Engross the said Book or Roll in Parchment to be still kept in the respective County and Places aforesaid and shall also within Two Months Engross in Parchment a true Duplicate of the said Book or Roll which being Signed by him and by two Iustices of the Peace at least of the respective County and Places aforesaid shall be transmitted within one Month after such Engrossement into His Majesties Court of Exchequer Penalty for omitting any Hearth Provided always and be it Enacted by the Authority aforesaid That if any Occupier of any House Edifice
Lodging or Chamber shall not make or cause to be made an Account or shall omit in his Account required to be made by this Act any Hearth or Stove he shall for every such Hearth or Stove he shall so omit forfeit the sum of Forty shillings Penalty upon Constables for neglect Provided also That if any Petty Constable Headborough or Tythingman to whom such Accounts as aforesaid shall come shall neglect to transmit the same together with a Book or Roll in manner and time aforesaid to the respective High Constable or other like Officer as aforesaid or shall make default in giving such notice as aforesaid or in comparing the Account with two substantial Inhabitants as aforesaid shall forfeit for every such offence the sum of Five pounds High-Constables Provided also That if any High-Constable or other like Officer as aforesaid shall neglect to compare the said Original Accompts and the said Book or Roll or to transmit the same in manner and time aforesaid he shall for every such Offence forfeit the sum of Ten pounds All which before mentioned Forfeitures and Penalties shall be recovered by Action of Debt Bill Plaint or Information in any of his Majesties Courts of Record the one half to the use of his Majesty the other half to the use of him or them that shall sue for the same Prejudice by charge of annual officers remedied And whereas His Majesties said Revenue setled by the aforesaid Act hath béen much prejudiced by Annual changing of Petty Constables Headboroughs Tythingmen High-Constables and Sheriffs to whom the Collecting and Receipt of His Majesties said Revenue is thereby intrusted Be it therefore Enacted by the Authority aforesaid That the changing of such Annual Officers or leaving of their said Offices shall not excuse or disable any person who shall be Constable Headborough Tythingman High-Constable or Sheriff at the time that any Revenue or Duty shall grow due or payable by the said Act from Collecting Distraining and Receiving respectively such Revenue or Duty so grown due but that every such person in such case is hereby enabled and required to do all things respectively as to such Revenue or Duty so growing due as if he had continued Constable Headborough Tythingman High-Constable or Sheriff Any thing in the said Act to the contrary notwithstanding Penalty for neglecting to distrain receive or pay over the said duty Provided also and be it Enacted by the Authority aforesaid That if any person who by the said or this Act ought to Collect Distrain for Receive or Pay over any the said Revenue shall neglect or refuse to do his duty therein for every wéek he shall neglect or refuse he shall forfeit the sum of Twenty shillings to be recovered in manner and by such person or persons as the aforesaid Forfeitures by this Act are to be recovered All persons may be called in aid to distrain Provided also and be it Declared and Enacted by the Authority aforesaid That in all cases which by this or the aforesaid Act any Petty Constable Headborough or Tythingman may enter into the house of any person or he may distrain the Goods of any person he may call to his aid any two sufficient Inhabitants of the respective Townships or Precincts who are hereby enjoyned to assist him therein Sheriffs appointed Collectors may make their Deputies Provided also and be it Enacted and Declared by the Authority aforesaid That where any Sheriff is by the aforesaid Act appointed to be Collector of any part of the said Revenue that such Sheriff may execute the said place of Collector by such Deputy or Deputies as to him shall séem meet being thereunto appointed under the Great Seal of his Office or under his own hand and seal Any thing in the said Act to the contrary notwithstanding Treasurers and Officers of the Inns of Court Chancery Colledges c. Provided also and be it Enacted by the Authority aforesaid That the respective Treasurers and other Officers of the respective Inns of Court Inns of Chancery Colledges and other Societies chargeable by the aforesaid Act for their Hearths and Stoves shall do all things as the respective Constables by this Act are enjoyned to do under the like Penalties though without any Warrant from the respective Iustices of the Peace And that every Occupier of any House Edifice Lodging or Chamber within any the respective Inns of Court Inns of Chancery Colledges and Societies aforesaid shall do all things and under the like Penalties as are required by this Act of any Occupier of any House Edifice Lodging or Chamber elsewhere Provided always and be it Enacted by the Authority aforesaid Westminster That the High Bayliff of Westminster for the time being or his or their Deputy or Deputies may within the City and Liberties of Westminster from and after the Eight and twentieth day of September next Collect and Levy the said Duty and put in execution all the Powers of the said former Act and this present Act as amply as any Sheriffs who by the said former Act are made Collectors may do within their respective Limits and Iurisdictions appointed to them by the said Act And the said Bailiff for the time being shall be subject to the same Penalties and Duties as the said Sheriffs are and shall receive the same reward and the Sheriff of Middlesex for the time being is discharged from putting in execution the Trust aforesaid in the said City and Liberty of Westminster from the said Eight and twentieth day of September saving onely for the Collecting of such arrears as then shall happen to be And the Constables and Headboroughs and other Officers within the said City and Liberty of Westminster shall deliver unto the said Bailiff Duplicates of all Accounts of Hearths and Stoves and do all other things in such manner as by the said Act they ought to have done unto the said Sheriffs any thing in the said or this Act to the contrary notwithstanding Provided alwayes and be it Enacted by the Authority aforesaid That the Bailiff of the Burrough of Southwark for the time being his Deputy or Deputies may within the said Burrough Southwark and other Liberties of Southwark from and after the Eight and twentieth day of September next Collect and Levy the said Duty and put in execution all the Powers of the said former Act and this present Act as amply as any Sheriffs who by the said former Act are made Collectors may do within their respective Limits and Iurisdictions appointed to them by the said Act and the said Bailiff for the time being shall be subject to the same Penalties and Duties as the said Sheriffs are and shall receive the same reward and the Sheriff of Surrey for the time being is discharged from putting in execution the trust aforesaid in the said Burrough and Liberties of Southwarke from the said Eight and twentieth day of September And the Constables and other Officers within