build Cottages and the most Woods for them to burn and destroy and when they have consumed it then to another Parish and at last become Rogues and Vagabonds to the great discouragement of Parishes to provide Stocks where it is liable to be devoured by strangers Be it therefore Enacted by the Authority aforesaid That it shall and may be lawful How to be setled coming to any Tenement under ten pounds yearly value upon complaint made by the Church-wardens or Overseers of the poor of any Parish to any Iustice of Peace within Forty dayes after any such person or persons coming so to settle as aforesaid in any Tenement under the yearly value of Ten pounds for any two Iustices of the Peace whereof one to be of the Quorum of the Division where any person or persons that are likely to be chargeable to the Parish shall come to inhabit by their Warrant to remove and convey such person or persons to such Parish where he or they were last legally setled either as a native Housholder Sojourner Apprentice or Servant for the space of forty dayes at the least unless he or they give sufficient security for the discharge of the said Parish to be allowed by the said Iustices Persons grieved may appeal to the Quarter Sessions Provided alwayes That all such persons who think themselves agrieved by any such Iudgement of the said two Iustices may appeal to the Iustices of the Peace of the said County at their next quarter-Quarter-Sessions who are hereby required to do them justice according to the merits of their Cause Persons going to work in harvest Provided also That this Act notwithstanding it shall and may be lawfull for any person or persons to go into any County Parish or place to work in time of Harvest or at any time to work at any other work so that he or they carry with him or them a Certificate from the Minister of the parish and one of the Churchwardens and one of the Overséers for the poor for the said year that he or they have a dwelling house or place in which he or they inhabit and hath left wife and children or some of them there or otherwise as the condition of the person shall require and is declared an Inhabitant or Inhabitants there And in such case if the person or persons shall not return to the place aforesaid when his or their work is finished or shall fall sick or impotent whilst he or they are in the said work it shall not be accounted a Settlement in the cases abovesaid but that it shall and may be lawful for two Iustices of the Peace to convey the said person or persons to the place of his or their habitation as aforesaid under the pains and penalties in this Act prescribed And if such person or persons shall refuse to go or shall not remain in such parish where they ought to be setled as aforesaid but shall return of his own accord to the parish from whence he was removed it shall and may be lawful for any Iustice of the Peace of the City County or Town-Corporate where the said Offence shall be committed to send such person or persons offending to the House of Correction there to be punished as a Vagabond or to a publick Work-house in this present Act hereafter mentioned there to be imployed in work or labour And if the Church-wardens and Overséers of the Poor of the Parish to which he or they shall be removed refuse to receive such person or persons and to provide work for them as other Inhabitants of the Parish any Iustice of Peace of that Division may and shall thereupon bind any such Officer or Officers in whom there shall be default to the Assizes or Sessions there to be Indicted for his or their Contempt in that behalf And for the further redress of the mischiefs intended to be hereby remedied Corporations or work houses in the Cities of London and Westminster Middlesex Surrey Be it Enacted by the Authority aforesaid That from thenceforth there be and shall be one or more Corporation or Corporations Work-house or Work-houses within the Cities of London and Westminster and within the Burroughs Towns and places of the County of Middlesex and Surrey scituate lying and being within the Parishes mentioned in the Wéekly Bills of Mortality consisting of a President a Deputy to the President and a Treasurer And that the Lord Mayor of the City of London for the time being be President of the Corporation or Corporations Work-house or Work-houses within the said City and the Assistants to be the Aldermen of the said City of London for the time being and fifty two other Citizens to be chosen by the Common-Council of the said City And that the said President and Assistants or the major part of them shall and may elect a Deputy-President and Treasurer and all other necessary Officers hereby constituted and authorized to execute the powers and Offices by this Act appointed And that upon the vacancy by death or otherwise of any Assistant the power to elect in their rooms be in the said Common-Council and the Election of the Deputy-President or Treasurer and all other Officers in the said President and major part of the Assistants as aforesaid And that a President a Deputy-President a Treasurer and Assistants be nominated and appointed by the Lord Chancellor or Lord Kéeper of the Great Seal of England for the time being out of the most fit persons inhabiting in the City of Westminster or the Liberties thereof for the Corporation or Corporations Work-house or Work-houses within the same And for the said places within the Wéekly Bills of Mortality in the said Counties of Middlesex and Surrey respectively President Deputy-president Treasurer and Assistants for Middlesex Surrey how to be elected there shall be elected and chosen by the major part of the Iustices of the Peace for the said Counties in their respective Quarter-Sessions assembled out of the most able and honest Inhabitants and Fréeholders of every of the said Counties of Middlesex and Surrey respectively a President a Deputy-President a Treasurer and Assistants for the Corporation or Corporations Work-house or Work-houses of the places aforesaid in Middlesex and Surrey And that upon the vacancy by death or otherwise of any of the Presidents Deputy-Presidents Treasurers or Assistants in the City of Westminster and places aforesaid in Middlesex and Surrey City of Westminster the power to elect others in their rooms be in the major part of the respective Iustices of Peace who in their General Quarter-Sessions from time to time shall accordingly supply such vacant places And that at every Quarter-Sessions they shall require and take an account in writing of all the Receipts Charges and Disbursements of the Officers and Treasurer of such Corporation or Corporations Work-house or Work-houses how many Poor people have béen imployed and set to work in the year last past and what stock there was
and is remaining which President Deputy-President and Treasurer for the time being respectively shall for ever hereafter in name and fact be Bodies Politick and Corporate in Law to all intents and purposes and shall have a perpetual Succession and may Sue or Plead or be Sued and Impleaded by the name of the President and Governours for the Poor of the respective places aforementioned in all Courts and places of Iudicature within this Kingdom and the Dominion of Wales and the Town of Berwick upon Tweed and by that Name every of the said Corporations shall and may without License in Mortmain purchase or receive any Lands Tenements or Hereditaments not excéeding the yearly value of Thrée thousand pounds per annum of the Gift Alienation or Devise of any person or persons who are hereby without further License enabled to give the same and any Goods Chattels or sums of Money whatsoever to the use intent and purposes hereafter limited and appointed And the each respective Corporation or any Seven of them shall have hereby Power and Authority from time to time to méet and kéep Courts for the ends and purposes in this Act expressed at such time and place as shall be appointed by the said President his Deputy or the Treasurer who are hereby required upon the desire of any Four of the said Corporation at any time to cause a Court to be warned accordingly And shall have hereby Authority from time to time to make and appoint a Common-Seal for the use of the said Corporation And it is further Enacted by the Authority aforesaid The powers of the said President and Governours of the said Corporations That it shall and may be lawful to and for the said President and Governours of the said Corporations for the time being or any two of them or to or for any person authorized and appointed by them or any two of them from time to time to apprehend or cause to be apprehended any Rogues Vagrants Sturdy Beggars or Idle or disorderly persons within the said Cities and Liberties Places Divisions and Precincts and to cause them to be kept and set to work in the several and respective Corporations or Work-houses and it shall and may be lawful for the major part of the Iustices of Peace in their quarter-Quarter-Sessions to signify unto his Majesties Privy Council the names of such Rogues Vagabonds Idle and Disorderly persons and Sturdy Beggars as they shall think fit to be Transported to the English Plantations and upon the approbation of his Majesties Privy Council to the said Iustices of Peace signified which persons shall be Transported it shall and may be lawful for any two or more of the Iustices of the Peace them to Transport or cause to be Transported from time to time during the space of thrée years next ensuing the end of this present Session of Parliament to any of the English Plantations beyond the Seas there to be disposed in the usual way of Servants for a term not excéeding Seven years A stock for supply of the work how to be provided in London Westminster Middlesex Surrey And be it further Enacted by the Authority aforesaid That if the President and Governours of any of the said Corporations shall certify under their common Seal their want and defect either of a present stock for the Foundation of the Work or for supply thereof for the future and what sum or sums of Money they shall think fit for the same to the Common-Council of the said City of London and the Burgesses and Iustices of Peace in their Quarter-Sessions of the said City of Westminster and the Liberties thereof or the Iustices of the respective Counties of Middlesex and Surrey assembled in either Quarter-Sessions That thereupon the Common-Council of the said City of London the Burgesses of the said City of Westminster and the Iustices of Peace of the said Cities and Counties in their Quarter-Sessions assembled are hereby required from time to time to set down and ascertain such competent sum and sums of money for the purposes aforesaid not excéeding one years rate from time to time usually set upon any person for or towards the relief of the Poor and the same to proportion out upon the several Wards Precincts Counties Divisions Hundreds and Parishes as they shall think fit And thereupon the Aldermen Deputies and Common-Council-men of every Ward in the City of London and Burgesses and Iustices of the Peace of the City of Westminster and the Liberties thereof and Iustices of the Peace of the said Counties of Middlesex and Surrey shall have power and Authority and are hereby required equally and indifferently according to the proportions appointed as aforesaid for the several Wards Precincts Cities and Parishes as aforesaid to tax and rate the several Inhabitants within the said respective Wards Precincts and Parishes as well within Liberties as without with which Tax if any person or persons find him or themselves agrieved supposing the same to be unequal he or they shall and may make their complaint known to the Iustices of the Peace at the next open Sessions who shall take such final order therein as in like cases is already by the Law provided And it is further Enacted by the Authority aforesaid That it shall and may be lawful to and for any Alderman of the City of London or his Deputy or the Burgesses and Iustices of Peace of the City of Westminster and the Liberties thereof or any two or more of them or any two Iustices of Peace of the respective Counties of Middlesex and Surrey by their Warrant under their Hands and Seals to authorize the Church-wardens or Overséers for the Poor within the places and Parishes aforesaid to demand gather and receive of every person and persons such sum and sums of money as shall be Assessed upon them by vertue of the Taxations and Contributions aforesaid And for default of payment within ten dayes after demand thereof made or notice in writing left at the dwelling-house or lodging of every person so Assessed to levy the same by distress and sale of the goods of every such person and after satisfaction made to restore the surplusage to the party so distrained Stocks formerly in London for relief of the poor how to be paid And be it Enacted by the Authority aforesaid That all Stocks raised for the relief and imployment of the Poor in the City of London and Liberties thereof which was in the hands of a Corporation heretofore appointed in the said City for that service or in the hands of any other person or persons whatsoever before the Nine and twentieth day of September which was in the year of our Lord One thousand six hundred and sixty commonly called the Feast of St. Michael the Archangel or at any time since together with all the Arrears of money formerly alloted for that Service or Legacies given to the same end shall be payable to the Treasurer of the Corporation or Corporations
or persons which he hath forfeited by the Statute aforesaid made in the nine and thirtieth year of the Quéen And whereas Constables Headboroughs or Tithingmen are or may be at great charge in relieving conveying with Passes and in carrying Rogues Vagabonds and sturdy Beggars to Houses of Correction or the Work-houses herein mentioned and as yet have no power by Law to make Rates to reimburse themselves Be it therefore Enacted by the Authority aforesaid That all Constables Headboroughs and Tithingmen so out of purse as aforesaid together with the Church-wardens and Overséers of the poor and other Inhabitants of the said Parish shall hereby have power and Authority to make an indifferent Rate Power to make rates and to tax all the Occupiers of Lands and Inhabitants and all other persons chargeable by the Statute of the thrée and fortieth of Elizabeth concerning the Office and Duty of Overséers for the poor within the said Parish which Rate being confirmed under the hands and Seals of any two Iustices of Peace 43 El. cap. 2. as aforesaid the said Constable Headborough or Tithingmen shall have power by Warrant under the hands and Seals of two Iustices of Peace to levy by distress and sale of the goods of any person or persons refusing to pay the same rendring the overplus to the Owner if any shall be Putative fathers of Bastard-children running away how to be proceeded against And whereas the putative Fathers and lewd Mothers of Bastard-Children run away out of the Parish and somtimes out of the County and leave the said Bastard children upon the charge of the Parish where they are born although such putative Father and Mother have Estates sufficient to discharge such Parish Be it therefore Enacted by the Authority aforesaid That it shall and may be lawful for the Church-wardens and Overséers for the poor of such Parish where any Bastard-Child shall be born to take and seise so much of the Goods and Chattels and to receive so much of the Annual Rents or profits of the Lands of such putative father or lewd mother as shall be ordered by any two Iustices of Peace as aforesaid for or towards the discharge of the Parish to be confirmed at the Sessions for the bringing up and providing for such Bastard-Child And thereupon it shall be lawful for the Sessions to make an Order for the Church-wardens or Overséers for the poor of such Parish to dispose of the goods by Sale or otherwise or so much of them for the purposes aforesaid as the Court shall think fit and to receive the rents and profits or so much of them as shall be ordered by the Sessions as aforesaid of his or her Lands Persons sued for matters in this Act may plead the General Issue And if any person or persons shall be sued for any matter or thing which he shall do in execution of this Act he may plead the General Issue and give the special matter in Evidence And if the Verdict shall pass for the Defendant or if the Plaintiff be Nonsuited or Discontinue his Suit the Defendant shall recover treble Damages Lancashire Cheshire Derbyshire Yorkshire Durham Cumberland Westmerland 43 El. cap. 2. Whereas the Inhabitants of the Counties of Lancashire Cheshire Derbyshire Yorkshire Northumberland the Bishoprick of Durham Cumberland and Westmerland and many other Counties in England and Wales by reason of the largeness of the Parishes within the same have not nor cannot reap the benefit of the Act of Parliament made in the thrée and fortieth year of the Reign of the late Quéen Elizabeth for relief of the poor Therefore be it Enacted by the Authority aforesaid That all and every the poor néedy impotent and lame person and persons within every Township or Village within the several Counties aforesaid shall from and after the passing of this Act be maintained kept provided for and set on work within the several and respective Township and Village wherein he she or they shall inhabit or wherein he she or they was or were last lawfully setled according to the intent and meaning of this Act and that there shall be yearly chosen and appointed according to the rules and directions in the said Act of the thrée and fortieth year of Quéen Elizabeth mentioned two or more Overséers of the poor within every of the said Townships or Villages who shall from time to time do perform and execute all and every the Acts powers and authorities for the necessary relief of the poor within the said Township or Village and shall lose forfeit and suffer all such pains and penalties for non-performance thereof as is limited mentioned and appointed in and by the said in-part-recited Act. And be it further Enacted by the Authority aforesaid That the Iustices of Peace within the said Counties shall have and enjoy such and the like powers and authorities to raise and levy moneys and to do and execute all and every such other Act and thing whatsoever within every Township or Village within the said County where they are Iustices as is given limited and appointed unto and for them to do and execute within any Parish or Parishes in and by the said Act made in the said thrée and fortieth year of the said late Quéen Elizabeth under such and the like pains and penalties for the non-performance of their Duties to be levyed and disposed of as is nominated and expressed in the said Act. Power of the Iustices to transport rogues and vagabonds Provided alwayes and be it Enacted by the Authority aforesaid That it shall and may be lawfull for the Iustices of Peace in any of the Counties of England and Wales in their quarter-Quarter-Sessions Assembled or the major part of them to Transport or cause to be Transported such Rogues Vagabonds and sturdy Beggars as shall be duly convicted and adjudged to be incorrigible to any of the English plantations beyond the Seas Proviso for the Dean and chapter of Westminster Provided also That neither this Act nor any thing therein contained shall extend to be or be construed expounded or taken to the prejudice or infringement of any the franchises rights liberties or priviledges heretofore granted by the Kings and Quéens of this Realm his Majesties Royal Predecessors to the Dean and Chapter of the Collegiate Church of St. Peter in Westminster The continuance of divers parts of this Act. Provided always That this Act as to all the matters therein contained excepting what relates unto the Corporations mentioned and constituted thereby shall extend and be in force untill the nine and twentieth day of May One thousand six hundred sixty five and the end of the first Session of the next Parliament then next ensuing and no longer CAP. XIII Importation of Forreign Bonelace Cut-work Imbroidery Fringe Band-strings Buttons and Needle-work prohibited VVHereas great numbers of the Inhabitants of this Kingdom are imployed in the making of Bonelace Band-strings Buttons Néedlework Fringe and Imbroideries who
and by Authority thereof that from and after the Feast of St. Michael the Arch-angel which shall be in the year of our Lord One thousand six hundred sixty and two for and during the term of Five years next ensuing the date of this present Act it shall and may be lawful for the respective Iustices of Peace of the said respective Counties or the major part of them at any General Sessions of the Peace to be holden for the said Counties respectively on the behalf of the said Counties or either of them from time to time as they shall sée occasion to make an Order in open Court of Sessions for charging according to their several Proportions all and every the several Inhabitants of the said respective Counties for the safeguard and securing of the said severall Counties and Inhabitants thereof from all injury violence spoil and rapine of the Moss-Troopers aforesaid Provided That the said County of Northumberland be not by force of this Act at any time charged above the sum of Five hundred pounds in the year nor the said County of Cumberland charged above the sum of two hundred pounds in the year And for this end and purpose the said several Iustices of Peace of the respective Counties aforesaid are hereby impowred and authorized at any their General Quarter Sessions aforesaid to appoint and imploy from time to time if occasion require any person or persons to have the Conduct and Command of a certain number of men not excéeding the number of Thirty men in the County of Northumberland and Twelve in the County of Cumberland whereby the Malefactors aforesaid may be searched out discovered pursued apprehended and brought to tryal of the Law And all and every the said Iustices of Peace of the respective Counties aforesaid or the major part of them at any General Sessions of the Peace to be holden for the said Counties or either of them respectively are hereby further impowred and authorized by force of this present Act to make and issue forth their respective Warrants under their hands for the levying and collecting any sum or sums of money ordered to be paid for and towards the safeguard and securing of the said Counties respectively as aforesaid and to give full power to the several Constables and other Officers to raise levy and collect the said money and all and every the Inhabitants of the said several Counties according to their respective proportionable Estates in Lands or Goods by Distress and Sale of Goods rendering the overplus if there be any to the respective Owner or Owners And the said Iustices of Peace in the said several Counties or any one of them respectively are hereby also authorized to examine any Complaint made against the Collectors and Constables or any other Officers or Ministers of Iustice whatsoever or any of them or any other refractory person or persons whatsoever that at any time hereafter shall refuse neglect or fail to give obedience to this Act or shall do any act or acts in disturbance or obstruction thereof and to bind over such person or persons to the next Quarter Sessions according to the known Laws of the Land to the end such person or persons may be procéeded withall according to Iustice And the said respective Iustices of Peace as aforesaid are hereby further Impowred and Authorized on behalf of the said several Counties respectively to appoint a Treasurer to receive from the said Collectors the Moneys by them Collected and to pay over the same according to the Orders they shall receive from the said Iustices at the General Sessions of the Peace to be holden for the said respective Counties And the said Iustices are also Impowred to agrée and article with such person or persons yearly as they shall think fit to imploy in the said Service and to take sufficient Security of them for the faithful and most effectual performance thereof for the best safeguard advantage and benefit of the people according to the true intent and meaning of this Act. And in case any person or persons shall in pursuance of this Act be imployed in the Border-Service and shall at any time hereafter wilfully and corruptly or for any sinister respect whatsoever neglect or forbear to Discover or Apprehend or to bring to Tryal any of the said persons called Moss-Troopers as aforesaid and shall be convicted thereof according to Law he or they shall from thenceforth be disabled and made uncapable for ever after to manage or take upon him or them the said Imployment and to suffer such Fine and Imprisonment according to the quality of his or their offence as the Iustices of Peace at their General Sessions shall think fit to inflict Provided nevertheless and be it hereby Declared That it shall be lawful for the Iustices of Peace of either of the said Counties as aforesaid respectively at any time hereafter to moderate or lessen the said charge if they sée cause Provided that this Act shall continue and be in force for five years and no longer Provided always and be it further Enacted by Authority aforesaid That for better suppression and punishment of the said Moss-Troopers flying out of England into Scotland or out of Scotland into England 4 Jac. cap. 1. 7 Jac. cap. 1. the Statutes made in the several Sessions of Parliament in the Fourth and Seventh years of King James shall be revived and put in execution according to their true intent 18 Car. 2. cap. 3. Continued for Seven years from the expiration of this Act. CAP. XXIII An Additionall Act concerning matter of Assurance used amongst Merchants WHereas by an Act of Parliament made in the Thrée and fortieth year of the Reign of Quéen Elizabeth of happy memory 43 El. cap. 12. Entituled An Act concerning matters of Assurances used amongst Merchants Encouragement of Merchants and Trade The Parliament then taking into Consideration by all good means to comfort and encourage the Merchants of this Kingdome thereby to advance and increase the Wealth of this Realm her Majesties Customs and the strength of shipping and for preventing of divers mischiefs in the said Act mentioned It was Enacted That it should and might be lawful for the Lord Chancellor or Lord Kéeper of the Great Seal of England for the time being to award forth under the Great Seal of England one general or standing Commission to be renewed yearly at the least and otherwise so often as unto the Lord Chancellor or Lord Kéeper should séem méet for the hearing and determining of Causes arising on Policies of Assurance such as then were or then after should be entred within the Office of Assurance of the City of London which Commissions should be directed to the Iudge of the Admiralty for the time being the Recorder of London for the time being Two Doctors of the Civil Law Two Common Lawyers and eight grave or discréet Merchants or any five of them which Commissioners or the greater part of them which
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-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
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
on the one part and the person or persons farming on the other part shall be good and effectual in Law to all intents and purposes Provided alwayes to the end the aforesaid duty may be paid with most ease to the people It is hereby further Enacted Persons contracting that be nominated by the Iustice of the Peace in every County shall have the refusal of any Farm That the Lord Treasurer Commissioners of the Treasury or other persons aforesaid shall not within six moneths after the Commencement of this Act treat conclude or agrée with any person or persons touching the Farming of this duty upon Béer and Ale in any the respective Counties or Places of this Realm or Dominions thereof other then with such person or persons as by the Iustices of Peace of the said Counties or places or the major part of them at their publick Quarter Sessions shall be nominated and appointed in that behalf which person or persons is to have the first refusal of any such Farm respectively and may take the same Any thing in this Act to the contrary thereof in any wise notwithstanding Provided that the said duty shall not be let to any other person or persons then to the person or persons recommended by the Iustices under the rate that it shall be tendred to and refused by such person or persons so recommended Forfeitures offences within this Act where determined And be it further Enacted and Ordained by the Authority aforesaid That all forfeitures and offences made done and committed against this Act or any clause or article therein contained shall be heard adjudged and determined by such person or persons and in such manner and form as hereafter in and by this Act is directed and appointed that is to say all such forfeitures and offences made and committed within the immediate limits of the chief Office in London shall be heard adjudged and determined by the said chief Commissioners and Governors of Excise appointed by His Majesty or the major part of them or by the Commissioners for Appeals and regulating of this duty or the major part of them in case of Appeal and not otherwise And all such forfeitures and offences made and committed within all or any other the Counties Cities Towns or Places within this Kingdom or Dominions thereof shall be heard and determined by any two or more of the Iustices of the Peace residing near to the place where such forfeitures shall be made or offence committed And in case of neglect or refusal of such Iustices of the Peace by the space of 14 dayes next after complaint made and notice thereof given to the Offender then the Sub-Commissioners or the major part of them appointed for any such City County Town or Place shall and are hereby impowered to hear and determine the same And if the party find himself aggrieved by the Iudgment given by the said Sub-Commissioners Appeals by parties grieved he shall and may appeal to the Iustices of the Peace at the next Quarter Sessions who are hereby impowered and authorised to hear and determine the same whose Iudgment therein shall be final which said Commissioners for Appeals and regulating of this duty and the chief Commissioners for Excise and all Iustices of Peace and Sub-Commissioners aforesaid respectively are hereby authorised and strictly enjoyned and required upon any complaint or information exhibited and brought of any such forfeiture made or offence committed contrary to this Act to summon the party accused and upon his appearance or contempt to procéed to the examination of the matter of Fact and upon due proof made thereof either by the voluntary confession of the party or by the oath of one or more credible witnesses which Oath they or any two or more of them have hereby power to administer to give Iudgment or Sentence according as in and by this Act is before ordained and directed And to award and issue out Warrants under their hands for the levying of such forfeitures penalties and fines as by this Act is imposed for any such offence committed upon the Goods and Chattels of the Offender and to cause Sale to be made of the said Goods and Chattels if they shall not be redéemed within fourtéen days rendring to the party the overplus if any be and for want of sufficient Distress to imprison the party offending till satisfaction be made Provided nevertheless That it shall and may be lawful Fines and forfeitures may be mitigated to and for the said respective Iustices of Peace Commissioners for Excise or any two of them or their Sub-Commissioners respectively from time to time where they shall sée cause to mitigate compound or lessen such forfeiture penalty or fine as in their discretion they shall think fit And that every such mitigation and payment thereupon accordingly made shall be a sufficient discharge of the said penalties and forfeitures to the persons so offending so as by such mitigation the same be not made less than double the value of the duty of Excise which should or ought to have béen paid besides the reasonable costs and charges of such Officer or Officers or others as were imployed therein to be to them allowed by the said Iustices any thing in this Act to the contrary in any wise notwithstanding And it is hereby further Enacted and Ordained That all Fines How the fines and forfeitures shall be imployed Forfeitures and Penalties mentioned in this Act all necessary charges for the recovery thereof being first deducted shall be imployed thrée fourth parts thereof to and for the use of the Kings Majesty and the other 4th part to the Discoverer or Informer of the same And for the better managing collecting securing levying and recovering of all and every the said rates and charges of Excise hereby imposed and set upon all or any of the Commodities before mentioned to the end the same may be paid and disposed of according to the intent of this present Act Be it further Enacted and Ordained by the authority aforesaid and it is hereby Enacted That one principal Head-Office shall be erected and continued in the City of London or within ten miles thereof from time to time as long as his Majesty shall think fit for this duty unto which all other Offices for the same within England and Wales and the Town and Port of Berwick shall be subordinate and accomptable Which said Office shall be managed by such Officers as shall be appointed by the Kings Majesty as aforesaid who or any two of them Commissioners and Governors for managing the Receipts of Excise are hereby appointed and constituted Commissioners and Governours for the management of His Majesties Receipt of the Excise and to sit in some convenient place in the City of London or within ten miles thereof from time to time as long as his Majesty shall think fit And be it Enacted by the Authority aforesaid That no person or persons shall be capable of
two or more credible witnesses in such manner and from time to time as he shall respectively think fit to dispose of the custody and tuition of such child or children for and during such time as he or they shall respectively remain under the age of 21 years or any lesser time to any person or persons in possession or remainder other then Popish Recusants And that such disposition of the custody of such child or children made since the 24th of February Actions of ravishment of wards 1645. or hereafter to be made shall be good and effectual against all and every person or persons claiming the custody or tuition of such child or children as Guardian in soccage or otherwise And that such person or persons to whom the custody of such child or children hath béen or shall be so disposed or devised as aforesaid shall and may maintain an action of Ravishment of Ward or Trespass against any person or persons which shall wrongfully take away or detain such child or children for the recovery of such child or children and shall and may recover damages for the same in the said Action for the use and benefit of such child or children And be it further Enacted The sands of children and the management of their personal estate by their guardians That such Person or Persons to whom the custody of such Child or Children hath béen or shall be so disposed or devised shall and may take into his or their custody to the use of such Child or Children the profits of all Lands Tenements and Hereditaments of such Child or Children and also the custody tuition and management of the Goods Chattels and personal Estate of such Child or Children till their respective Age of 21 years or any lesser time according to such disposition aforesaid and may bring such Action or Actions in relation thereunto as by Law a Guardian in common soccage might do Provided also That this Act or any thing therein contained shall not extend to alter or preiudice the custom of the City of London nor of any other City or Town Corporate or of the Town of Berwick on Tweed concerning Orphants nor to discharge any Apprentice from his Apprenticeship Provided also That neither this Act nor any thing therein contained Proviso touching Titles of honour feodal shall infringe or hurt any Title of Honour Feodal or other by which any person hath or may have right to sit in the Lords House of Parliament as to his or their Title of Honour or sitting in Parliament and the priviledge belonging to them as Péers This Act or any thing therein contained to the contrary in any wise notwithstanding And whereas by like experience it hath béen found Purveyances and provisions for the Kings house-hold taken away Alt. St. 13 Car. 2. cap. 7. that though divers good strict and wholesome Laws have béen made in the times of sundry his Majesties most noble Progenitors some extending so far as to life for Redress of the grievances and oppressions committed by the persons imployed for making provisions for the Kings houshold Carriages and other purveyance for his Majesty and his occasions Yet divers oppressions have béen still continued and several Counties have submitted themselves to sundry Rates and Taxes and Compositions to redéem themselves from such vexations and oppressions And forasmuch as the Lords and Commons assembled in Parliament do find that the said Remedies are not fully effectual and that no other remedy will be so effectual and just as to take away the occasion thereof especially if satisfaction and recompence shall be therefore made to his Maiesty his Heirs and Successors which is hereby provided to his Majesties good liking and content His Majesty is graciously pleased That it may be Enacted And be it Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords and Commons in this present Parliament assembled That from henceforth no sum or sums of Money or other thing shall be taken raised tared rated imposed paid or levied for or in regard of any provision Carriages or purveyance for his Majesty His Heirs or Successors Purveyances for the King Queen c. And that henceforth no person or persons by any Warrant Commission or Authority under the Great Seal or otherwise by colour of buying or making provision or purveyance for his Majesty or any Quéen of England for the time being or of any the Children of any King or Quéen of England for the time being Timber Carts Carriages c. taken away or that shall be or for his their or any of their Houshold shall take any Timber Fewel Cattel Corn Grain Mault Hay Straw Victual Cart Carriage or other thing whatsoever of any the Subjects of His Majesty His Heirs or Successors without the free and full consent of the Owner or Owners thereof had and obtained without menace or enforcement nor shall summon warn take use or require any the said Subjects to furnish or find any Horses Oxen or other Cattel Carts Ploughs Wains or other Carriages for the use of His Majesty His Heirs or Successors or of any Quéen of England or of any Child or Children of any the Kings or Quéens of England for the time being for the carrying the Goods of His Majesty His Heirs or Successors or the said Quéens or Children or any of them without such full and frée consent as aforesaid any Law Statute Custom or Vsage to the contrary notwithstanding No pre-emption to be allowed or claimed in behalf of the King c. And be it further Enacted That no pre-emption shall be allowed or claimed in the behalf of His Majesty or of any His Heirs or Successors or of any the Quéens of England or of any the Children of the Royal Family for the time being in Market or out of Market but that it be for ever hereafter frée to all and every of the Subjects of His Majesty to sell dispose or employ his said Goods to any other person or persons as himself listeth any pretence of making provision or purveyance of Victual Carriages or other thing for his Majesty His Heirs or Successors or of the said Quéens or Children or any pretence of pre-emption in their or any of their behalfs notwithstanding And if any person or persons shall make provision or purveyance for His Majesty His Heirs or Successors The Penalty or any the Quéens or Children aforesaid or impress or take any such Carriages or other things aforesaid on any pretence or colour of any Warrant aforesaid under the Great Seal or otherwise contrary to the intent hereof it shall be be lawful for the Iustices of Peace or such two or one of them as dwell near and to the Constables of such parish or Village where such occasion shall happen at the request of the party grieved And they are hereby enioyned to commit or cause to be committed the party or parties so doing and
offending till satisfaction be made Power to mitigate the forfeitures Provided nevertheless That it shall and may be lawful to and for the said respective Iustices of Peace Commissioners for Excise or any two of them or their Sub-Commissioners respectively from time to time where they shall sée cause to mitigate compound or lessen such forfeiture penalty or fine as in their discretion they shall think fit And that every such mitigation and payment thereupon accordingly made shall be a sufficient discharge of the said penalties and forfeitures to the persons so offending so as by such mitigation the same be not made less than double the value of the duty of Excise which should or ought to have béen paid besides the reasonable costs and charges of such Officer or Officers or others as were imployed therein to be to them allowed by the said Iustices any thing in this Act to the contrary in any wise notwithstanding How the forfeitures shall be imployed And it is hereby further Enacted and Ordained That all Fines Forfeitures and Penalties mentioned in this Act all necessary charges for the recovery thereof being first deducted shall be imployed thrée fourth parts thereof to and for the use of the Kings Majesty and one fourth part to the Discoverer or Informer of the same And for the better managing collecting securing levying and recovering of all and every the said rates and charges of Excise hereby imposed and set upon all or any of the Commodities before mentioned One principal Office of Excise erected in London to the end the same may be paid and disposed of according to the intent of this present Act Be it further Enacted and Ordained by the authority aforesaid and it is hereby Enacted That one principal Head-Office shall be erected and continued in the City of London or within ten miles thereof from time to time as long as his Majesty shall think fit for this duty unto which all other Offices for the same within England and Wales and the Town and Port of Berwick shall be subordinate and accomptable Which said Office shall be managed by such Officers as shall be appointed by the Kings Majesty as aforesaid who or any two of them are hereby appointed and constituted Commissioners and Governours for the management of His Majesties Receipt of the Excise and to sit in some convenient place in the City of London or within ten miles thereof from time to time as long as his Majesty shall think fit And be it Enacted by the Authority aforesaid That no person or persons shall be capable of intermedling with any Office or Imployment relating to the Excise until he or they shall before two or more Iustices of Peace in the County where his or their imployments shall be or before one of the Barons of the Exchequer take the Oaths of Allegiance and Supremacy which Oaths they have hereby power to Administer together with this Oath following Mutatis Mutandis The Oath YOU shall swear to execute the Office of _____ truly and faithfully without Favour or Affection and shall from time to time true Accompt make and deliver to such person and persons as His Majesty shall appoint to receive the same and shall take no Fee or Reward for the Execution of the said Office from any other person than from His Maiesty or those whom His Majesty shall appoint in that behalf London Westminster c. to be under the management of the chief Office And be it further Enacted by the Authority aforesaid That every such Iustice of Peace shall certify the taking of such Oath to the next Quarter-Sessions there to be Recorded And it is further Enacted That all parts of the Cities of London and Westminster with the Burrough of Southwark and the several Suburbs thereof and Parishes within the wéekly Bills of Mortality shal be under the immediate care inspection and management of the said Head-Office and such and so many subordinate Commissioners All Commissioners c. to be nominated by his Maiesty and Sub-Commissioners and other Officers and Ministers for the Execution of the Premisses shall be from time to time nominated and appointed by His Maiesty his Heirs and Successors in all and every other the Counties Cities Towns and Places within this Kingdom of England Dominion of Wales and Port of Berwick as from time to time his Majesty his Heirs and Successors shall think fit And it is hereby further Enacted That the said Office of Excise in all places where it shall be appointed shall be kept open from eight of the Clock in the morning Times in which the Office shall be kept open till twelve of the Clock at noon and from two of the Clock in the Afternoon till five of the Clock in the Afternoon for the due execution and performance of all and every the matters and things in this Act appointed and required And it is further hereby Enacted That the said Chief Commissioners of Excise or the major part of them shall from time to time issue forth and pay such sum and sums of money as shall from time to time be received collected or levyed by vertue of this Act into his Majesties Receipt of Exchequer The general â—â—â—ue pleadable in any action upon this Statute Provided alwayes and be it Enacted That if any person or persons shall at any time be sued or prosecuted for any thing by him or them done or executed in pursuance of this Act he or they shall and may plead the general issue and give this Act in evidence for his defence and if upon the Tryal a Verdict shall pass for the Defendant or Defendants or the Plaintiff or Plaintiffs be Non-suit then such Defendant or Defendants shall have double costs to him or them awarded against such Plaintiff or Plaintiffs Writs of Certiorari no supersedeas Provided also and be it Enacted That no Writ or Writs of Certiorari shall supersede Execution or other Procéedings upon any Order or Orders made by the Iustices aforesaid in pursuance of this Act but that Execution and other procéedings shall and may be had and made thereupon any such Writ or Writs or allowance thereof notwithstanding Proviso as to the Act of General pardon Provided That this Act or any thing therein contained shall not extend or be construed to extend in any matter to weaken or invalidate one Act of this present Parliament Entituled An Act of Free and General Pardon Indempnity and Oblivion but that every Clause Article Matter and thing therein mentioned and comprised shall notwithstanding this Act or any matter or thing therein remain good and valid and be of the same force vertue and effect as if this Act had never béen made Provided alwayes and be it further Enacted That this Act or any thing therein contained Proviso concerning Ed. Backwell shall not be prejudicial to Edward Backwell Alderman of London as to the sum of twenty eight thousand four hundred
Stréets shall be rated taxed assessed raised and paid by the Parishioners and Inhabitants of every Parish and Precinct respectively within the said City and Liberties thereof according to the ancient Custom and usage of the said City And the Receivers of all such moneyes shall be accomptable as formerly And all new Messuages Tenements and Houses within the limits aforesaid shall be likewise rated taxed and assessed and shall pay proportionably with others And that within the City of Westminster the said Officers shall be chosen and the Rates made and paid according to the ancient Custom of the said City How and when to elect Scavengers And in all other the Parishes and places aforesaid upon every Tuesday or Wednesday in Easter-Wéek the Constables Churchwardens and Overséers for the Poor and Surveyors of the High-wayes of every of the said Parishes and places respectively or the greater number of them giving notice unto or calling together such other Inhabitants of their respective Parishes as have formerly born the like Offices therein they or the greater number of them shall make choice of and shall nominate and appoint two or more able persons that are Tradesmen of their Parish to be Scavengers for the Stréets Lanes and other open Passages of each Ward and Division within the said Parish for the year then next following and untill others be chosen and setled in their Places which persons so chosen and being approved and confirmed under the hands of any two Iustices of Peace within their respective Limits and Iurisdictions shall within seven dayes after their Election and Confirmation and notice thereof take that Office and Duty upon them upon pain to forfeit Twenty pounds by every refuser respectively And in case of refusal by any person or persons so chosen and confirmed then other able persons shall be chosen and confirmed in manner aforesaid within seven dayes after such refusal in the place of him or them which shall so refuse and the person or persons so chosen and confirmed and having notice thereof shall undergo the like pain in case of refusal or not taking the said Office and Duty upon him or them within seven dayes after he or they shall be chosen and confirmed and have notice thereof as aforesaid The said Penalties to be disposed and employed for or towards the mending and repairing of the Stréets and Wayes of the same Parish Ward or Division and to be levyed by Distress and Sale of the Goods and Chattels of the Offender by Warrant under the hand and seal of any Iustice of the Peace of any of the places aforesaid to be directed to the Constables or other Officers of the same Parish or any two or more of them rendring the surplusage to the party and in default of distress or not payment within six dayes after demand thereof or notice left in writing at the house or dwelling place of the offender by the said Constables or officers the said offender to be committed to the Goal of the said County or City respectively by the Warrant of any such Iustice under his hand and seal there to remain without Bail or Mainprize untill payment And be it further Enacted by the Authority aforesaid That within twenty dayes after the Election and Confirmation of the said Scavengers as aforesaid the Constables Churchwardens and Overseers for the Poor and of the High-wayes of the said Parishes and places respectively or the greater number of them giving notice unto or calling together such Inhabitants of their respective Parishes as have formerly born the like office therein They or the greater number of them then present shall make and settle a Tax Rate or Assessment Taxes and Assesments to be made yearly by a Pound-rate according to a Pound-rate to be imposed or set upon the Inhabitants of the said Parish Ward or Division for the year following for the purposes aforesaid which being allowed and confirmed by any two of the Iustices of the Peace of the places aforesaid respectively shall be quarterly paid by every respective Inhabitant upon demand made thereof by the Beadle of the Parish or other officer appointed to gather and collect the same And in case of refusal or neglect shall by Warrant of any two such Iustices of the Peace under their hands and seals be levied by distress and sale of the offenders goods and for want of distress by imprisonment of the offender he not being a Peer of this Realm untill payment as aforesaid Provided alwayes and be it Enacted by the Authority aforesaid Actions brought against any Commissioner or Officer imployed by this Act the Defendant may plead the General issue That if any Action or Suit shall be brought or prosecuted by any person or persons against any Iudg Commissioner Iustice of the Peace Constable or other Officer or Minister aforesaid or against any person or persons imployed by them or any of them or authorized by this Act to do or perform as by this Act is directed for any matter cause or thing by them or any of them done committed or executed by vertue or reason of this Act or any Clause or Article therein contained that then in every such case the Action shall be laid in the proper County where the fact was done and not elsewhere and the Defendant or Defendants may plead the General Issue And give the special matter in Evidence and give the special Matter in Evidence at the Tryal That the same was done in pursuance and by Authority of this Act And if upon Examination it shall so appear to be done the Iury shall find for the Defendant and in such case or if the Plaintiff shall be Nonsuit or discontinue his Action after the Defendant hath appeared the Defendant shall have and recover his or their double costs which he or they shall sustain or be put unto by reason of his or their wrongful vexation in defence of the said Action or Suit And whereas the several Stréets and Passages hereafter mentioned that is to say The Stréet or Passage at or near the Stocks in London The enlargement of Passage in narrow and incommodious streets the Stréet and Passage from Fleet-Conduit to St. Pauls Church in London the Passage through the White-Hart-Inn from the Strand into Covent-Garden the Stréet and Passage by and near Exeter-House and the Savoy being obstructed by a Rail and the unevenness of the ground thereabouts the Passage and Stréet of St. Martins-Lane out of the Strand the Passage or Stréet of Field-Lane commonly called Jack-an-apes-lane going betwéen Chancery-Lane and Lincolns-Inn-Fields the Passage and Gate-house of Cheap-Side into St. Pauls Church-yard the Passage against St. Dunstans Church in the West being obstructed by a Wall the Street and Passage by and near the West-end of the Poultrey in London and the Passage at Temple-Bar are so narrow that they are incommodious to Coaches Carts and Passengers and prejudicial to Commerce and Trading The Lord Mayor of London
and payable for the same be fully satisfied and paid And that every Warrant for the landing or delivering of any such Forreign Liquors shall be Signed by the hand of the said Officer or Collector of the Excise in the said Port or Place respectively upon pain that all such Foreign Liquors as shall be landed put on shore or delivered contrary to the true intent and meaning hereof or without the presence of an Officer or Waiter for the Excise or the value thereof shall be forfeited and lost the one moyety to the Kings Majesty and the other moyety to him or them who shall or will Seise Inform or Sue for the same to be recovered of the Importer or Proprietor thereof And that no person or persons whatsoever bringing any Exciseable Liquors except Béer Ale Sider Perry and Metheglin into any part or place of this Realm by Coast Cocquet Transire or Certificate nor any person or persons to whom the same or any of them shall be consigned shall land or cause any such Exciseable Liquors except before excepted to be landed or put on shore without making or causing due Entry to be made of the same with the Officer or Officers of the Excise for the time being appointed to receive and take such Entries within the Port or Place where the same shall be landed upon pain in every such case as aforesaid to forfeit double the value of the said Liquors landed or put on shore contrary to the true intent and meaning hereof Appeals in causes of Excise Provided also and be it further Enacted and Ordained by Authority aforesaid That no Appeal in any Cause of Excise whatsoever shall be admitted until the Party Appellant shall have first Deposited and laid down the single Duty of Excise in the hands of the Commissioners Farmers or Sub-Commissioners of Excise within whose Iurisdiction or Division the said Cause was originally heard and determined and have given Security to the Commissioners of Appeal or Iustice of the Peace respectively where such Cause is to be finally Adjudged for all such Fine Forfeiture and Penalty as upon such hearing and determination was Adjudged against him And that if upon the hearing and determining of any such Appeal the said Original Iudgment shall happen to be reversed and made null then and in every such case the said Commissioners Farmers or Sub-Commissioners of Excise in whose hands the said single Duty of Excise was deposited shall restore and deliver back the same or as much thereof as shall be adjudged by the Commissioners of Appeals or Iustices of the Peace respectively to the said Appellant and the party originally prosecuted shall pay him double Costs But in case the first Iudgment shall be affirmed the party Appealing shall pay the like Costs unto the Commissioner or Commissioners complained of Any thing in this Act or any other Act or Statute whatsoever to the contrary thereof contained in any wise notwithstanding Excise upon Vinegar-beer And be it further Enacted by Authority aforesaid That all and every person or persons whatsoever Brewing or Making any Béer whether in a common Brew-house or otherwise for sale or to convert into Vinegar for sale shall pay for every Barrel of such Vinegar-Béer so made and brewed the several and respective sums already imposed and set by any the Acts of Excise above mentioned upon Vinegar-Béer brewed by any common Brewer in any common Brew-house Any thing in the said Acts or either of them to the contrary notwithstanding Colledges and Halls in the Vniversity And is it hereby further Declared That every Colledge and Hall in either of the Vniversities which before the Duty of Excise was imposed did brew their own Béer and Ale within their own Precincts and size it out to their respective Members within their own Precincts only are not liable to the payment of any Duty of Excise for the same either by this or any the forementioned Acts. Provided also and be it Enacted That all Differences Appeals and Complaints that shall happen and arise betwéen party and party Complaints to be determined in the proper counties in order to the payment of the Duty of Excise shall be heard and determined in the proper County or in the several Ridings and Divisions of Yorkshire and Lincolnshire where they shall arise and not elsewhere Commissioners or Farmers may take no Fees And be it further Enacted by the Authority aforesaid That no Farmer Commissioner Sub-Commissioner or other Officer of Excise shall directly or indirectly take or receive any Mony Fée or Reward for or concerning the taking of any Bond or giving any Receipt or Note in Writing relating to the Excise to or from any person or persons whatsoever upon pain that every such person so offending shall for every such offence forfeit the sum of Ten shillings Who may hear and determine matters upon this Act. And be it further Enacted by the Authority aforesaid That the Iustices of the Peace or any two or more of them or Chief Magistrates in the several Counties Cities Divisions and Places within England and Wales respectively shall méet once in every moneth in their respective Divisions or oftner if there shall be occasion to hear determine and to adjudge all matters and offences against this or the aforesaid Acts. How the penalties upon this Act shall be disposed and recovered And be it further Enacted by the Authority aforesaid That one third part of all Fines Penalties and Forfeitures not herein otherwise disposed shall be to the Kings Majesty His Heirs and Successors one other third part to the poor of the Parish where the Offence shall be committed the other third part to him that shall inform and sue for the same And that all Fines Penalties and Forfeitures for which no remedy is Ordained for recovery thereof by this Act shall be recovered by Action of Debt Bill Plaint or Informations in any Court of Record within such County City or Corporation where the Offence shall be committed or by such other ways and means and in such manner as by the said former Act is directed and appointed Appeals for matters in London and the limits thereof Provided alwayes That after the said Third day of September no Appeal in any Matter or Cause of Excise within the immediate Limits of the Chief Office of London nor within the Limits of the present Farm of London during the continuance of such Farm shall be admitted unless the same be brought within Two Moneths next after the first Iudgment and notice thereof given or left at the Dwelling-house of the party or parties concerned therein nor shall any Appeal in any Matter or Cause of Excise in any other County City Town or Place be admitted unless the same be brought within Four Moneths after the first Iudgment and notice given as aforesaid Any thing in this Act to the contrary notwithstanding Provided nevertheless And it is hereby Enacted That no
Annuntiation of the blessed Virgin Mary by even and equal portions an exact and just Account of the numbers of all which Fire-Hearths and Stoves is thereby Enacted to be taken and returned into his Majesties Court of Exchequer And the Moneys and Revenues due and payable for the same to be collected levied and paid to his Majesty by such persons and Officers in manner and form as by the said Acts is prescribed Nevertheless by reason of some defects in the said Act and great negligence of the said Officers and other persons in not returning the exact numbers of the said Fire-Hearths and Stoves and not duly Collecting Levying and paying into his Masties Exchequer the full Revenue due for the numbers returned at the times appointed and by sundry fraudulent practises to elude the said Acts the said Revenue is much diminished and not duly answered For remedy thereof and for the better ascertaining and collecting the said Revenue for the future Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled and by Authority of the same That it shall and may be lawful to and for the Kings Majesty his Heirs and Successors from and after the Four and twentieth day of June One thousand six hundred sixty four from time to time by and with the Advice of the Lord High Treasurer Chancellour Vnder-Treasurer and Barons of the Court of Exchequer for the time being or any thrée of them whereof the Lord High Treasurer or Chancellor of the Exchequer to be one to constitute and appoint such person or persons as his Majesty his Heirs and Successors shall think méet to be the Officer or Officers for the receiving and collecting and answering the duty arising by the said Fire-Hearths and Stoves by vertue of the said several Acts and for viewing and numbring of the several Chimney-hearths and Stoves mentioned in the said Acts and for the inspecting and examining the several Rolls Certificates and Returns thereof made and to be made from time to time into his Majesties Court of Exchequer in pursuance of the said Acts or any other thing belonging to the same which Officers or any of them shall have full power to examine and supervise the Rolls and Numbers of Fire-hearths and Stoves already returned into the said Court of Exchequer And being accompanied with the Constable or the Tithing-man Treasurer Vnder-Treasurer or other publick or proper Officer of the place who are hereby required to attend and assist upon this occasion and in all Parishes and places where there are no Constables Tithingmen or other publick Officer as aforesaid there without any such Assistance to enter in the day time into any dwelling or other House Edifice Lodgings and Chambers aforesaid And to search and examine whether there be any more Fire-hearths and Stoves in the same then were formerly returned or certified and what Fire-hearths or Stoves are increased or decreased since the former Certificate After which search and examination the said Officer with a Constable or Tythingman or Officers as aforesaid shall have liberty to make the like search and examination once every year And if they shall find any variance in the number returned both the Officer or Officers appointed by his Majesty and the Constable or Tythingman or other Officer as aforesaid to certifie the same under his and their hands to the Clerk of the Peace which Certificate they are hereby enjoyned to make And after approbation thereof by the Iustices of the Peace at their Sessions the same to be certified to his Majesties Remembrancer in the Exchequer and the Officer or Officers so appointed by his Majesty unto the same shall from and after the said Four and twentieth day of June One thousand six hundred sixty four have power to collect and levy the Revenue and Duties so given to his Majesty as aforesaid and all arrears of the same And be it further Enacted That the said Duty shall from time to time be paid after the Feast days of Saint Michael the Arch-Angel and the Annuntiation of the Virgin Mary yearly unto such Officer as shall be appointed by vertue of this present Act to receive the same upon demand thereof made by such Officer or his Deputy at the House Chamber or place where the same Duty shall arise or grow due And that in case of refusal or default of such payment thereof by the space of one hour after such demand the said Officer or his Deputy may at any time with the assistance of a Constable Tythingman or other Officer as aforesaid in the day time levy the said Duty and all the Arrearages thereof by distress and sale of the goods of the party or parties so refusing or making default restoring to the party or parties the over-plus of the value of such goods over and above the Duty and Arrearages thereof then behind and over and above the necessary charges of taking such Distress which Charges shall in no case excéed the one moyety of the Duty and Arrearages thereof so levied Provided always and be it Enacted That no Owners Proprietors or Occupiers of the said Fire-hearths or Stoves shall be charged distrained or molested for the said Duty or any Arrearages thereof at any time after the space of two years next after the Duty hereafter shall become due to his Majesty his Heirs or Successors Nor for any arrearages of the said Duty already incurred after the space of two years from the Four and twentieth day of June One thousand six hundred sixty and four And in case of violent opposition or injury done by any person or persons to any such Officer or his Deputy in the due execution of this Act and the same proved by Oath before any one Iustice of the Peace or Chief Magistrate or Magistrates of the City Town or place dwelling near unto the place who are hereby authorized to administer the said Oath It shall and may be lawful to and for such Iustice of the Peaee Magistrate or Magistrates to punish such offender or offenders if he shall find cause by Imprisonment in the common Goal for any time not excéeding the space of one moneth And from and after the said Four and twentieth day of June One thousand six hundred sixty four all Officers formerly appointed to collect the said Duty shall be discharged from the future collecting and levying the same otherwise then as they are directed by this Act And the said Officer and Officers so appointed by his Majesty to collect this Duty shall pay the same into his Majesties Exchequer to the ends in the said former Acts mentioned Provided That no person or persons shall be employed as aforesaid unless he and they shall first give in sufficient Security to his Majesty his Heirs and Successors for the due collecting levying and paying in of the said Revenue or such part thereof as shall be committed to their respective
Road safety and preservation of Ships that may resort thither as well in peril of Storms as otherwise to lade or unlade their Goods and to alter repair and amend the same or any part of it from time to time as oft as néed shall require And to the end that the making the said River Navigable and passable for Barges Boats Lighters and other Vessels and the erecting and making the said Haven Channels Sasses Locks Wears Turnpikes Penns for Water Wharfs Bridges Ways and Passages as aforesaid or other things may not be any way prejudicial to the Inheritance Possession or profit of any person or persons Bodies Politick or Corporate whatsoever that have any Lands Tenements Wears or Hereditaments adjoyning unto the said River or Streams Brooks new Chanels and Passages as aforesaid or any of them or through which the same shall be made or cut as aforesaid Satisfaction to parties endamaged in any of their lands Be it therefore Enacted by the Authority aforesaid That the said Vndertakers before they do meddle with the Lands Inheritance Possession or Profit of any person or persons Bodies Politick or Corporate shall first agrée with such persons Bodyes Politick or Corporate for the loss or damage that any of them shall or may any way receive by the making or altering the said Haven Channels Wharfs Sasses Locks Wears and Passages or procure some Order therein to be made by the Commissioners to be Assigned for that purpose as hereafter in this present Act is expressed And for the better effecting of the premisses and the due rating of the value of the things to be compounded for by the true intent of this Statute if the Parties shall not agrée Be it Enacted by the Authority aforesaid Commissioners for compounding with persons so damnifide That at the request and charges of the said Vndertakers One or more Commission or Commissions under the Great Seal of England shall be granted to Edward Earl of Clarendon Lord Chancellor of England Thomas Earl of Southampton Lord High Treasurer of England Philip Earl of Pembroke and Mountgomery William Lord Herbert of Cardiffe Henry Lord Viscount Cornbury George Lord Bishop of Winchester and the Bishop of Winchester for the time being John Lord Bishop of Sarum and the Bishop of Sarum for the time being William Lord Sands Robert Lord Brook Anthony Lord Ashly Chancellor of the Exchequer Sir Edward Nicholas Knight One of His Majesties most Honourable Privy-Council Sir Robert Hyde Knight Lord Chief Iustice of the Kings Bench Sir Wadham Windham Knight one of the Iustices of the Kings Bench Sir George Grubham How Baronet Sir Joseph Ash Baronet Sir John Nicholas Knight of the Bath sir John Low Knight sir Robert Mason Knight sir Thomas Mompesson Knight sir John Clobery Knight Stephen Fox Esquire Clerk of the Gréen-Cloth and one of the Citizens for the City of New-Sarum John Joyce Mayor of the City of New-Sarum and the Mayor of the City for the time being Richard Coleman Esquire Recorder of the City of New-Sarum and the Recorder of the same City for the time being Francis Roll Esquire High Sheriff of the County of Southampton Lawrence Hyde Esquire Humphrey VVeld Esquire Edward Hyde of Hatch Esquire Richard How Esquire John Holt the elder of the Close of the City of New-Sarum Esquire George Vennerd of the City of New-Sarum Esquire Edward Manning Esquire Richard Compton Esquire Thomas Knowles Esquire Philip Lee Esq Walter Bockland Esq VVilliam Swanton Esq Roger Gallop Esq Edward Hooper of Huncourt Esq Will. Tulse Esq John Hobby Esq Henry Tulse Esquire Henry VVhitehead Esq The Mayor of VVilton for the time being and the Mayor of Christ-Church for the time being Samuel Percival Esquire VVilliam Lisle Esquire and Philip Percival Gentleman The power of the said Commissioners Which said Commissioners or any seven or more of them not being Parties concerned shall have full power and Authority and are hereby impowred and Authorized by examination of witnesses upon Oath which Oath they or any seven or more of them have hereby power to administer or by any other lawful ways or means to examine here and determine all and all manner of Controversies Debates and Questions which shall happen and arise betwéen any persons whatsoever touching or concerning any matter or thing relating to the aforesaid Premisses or any part thereof And to appoint determine and decree what and how much satisfaction every such person or persons Body politick or Corporate shall have for or in respect of the loss to be by him her or them sustained notice being first given of their Méeting by Papers publickly affixed to the Church-doors or set up in the Market-places of the City of New-Sarum and the Towns of Christ-Church and Ringwood Ten days at the least before their Méeting declaring the time and place of their Meeting And also notice in writing being first left at the Dwelling-house of every Party concerned or at their usual place of abode or with some Tenant or Occupier of some House Land or Tenement of such party within fiftéen Miles of the said River Which said Determination Sentence and Decrée set down declared and pronounced by the said Commissioners or any seven or more of them and the Price and Recompence by them limited shall bind all Parties therein concerned in Possession Reversion or Remainder or otherwise and as well Infants Feme Coverts as others and their Heirs in Fée-Simple or in Tail and their Executors Administrators and Assigns and all claiming by from or under him her or them or any of them which Order Sentence and Decrée shall be set down in writing under the Hands and Seals of the said Commissioners or any seven or more of them within six wéeks after the first Resort to them for that cause according to this Act the same to be kept among the Records of the Sessions of the Peace for the City of New-Sarum by the Clerk of the Peace for the time being of the said City Transcripts whereof shall be delivered to the several Clerks of the Peace of the respective Counties of VVilts and Southampton to be by them kept upon Record amongst the Records of the Sessions of the said respective Counties All which shall be taken adjudged and déemed good and sufficient Evidence and proof in any Court of Record whatsoever And that upon payment of such sum or sums so ordered or agréed upon to the said persons concerned or tender thereof made at his or their Dwelling-house or the house of his or their Tenant of some Tenement house or Land of theirs within fiftéen miles of the said River and if they have no such Dwelling-house Land or Tenement or if upon such tender at their said Dwelling-house or the House Land or Tenement of such Tenant as aforesaid they refuse or are not ready to receive the same That upon payment of the said sum to the Mayor and Commonalty of the City of New-Sarum in the Council-Chamber of the said City
for the use of such persons It shall then and not before be lawful to and for the said Vndertakers and their Work-men and Servants to dig and make or cause to be digged and made the said Haven Channels Wharfs Sasses Locks and Passages or do any such other Act for which any such Agréement or Order shall be made as aforesaid And be it further Enacted That when any of the said Commissioners shall happen to dye How Commissioners dying or renouncing may be supplyd or become unfit for or renounce the Service That then and so often it shall be lawful to and for the said Lord Chancellor or Lord Keeper of the Great Seal of England for the time being from time to time to supply appoint and authorize One or so many Commissioners of the Counties of VVilts Southampton or Dorset of the Nobility or Knights and principal Gentlemen of the said Countries dwelling or having Estates within fifteen miles of the said River as shall make and fill up the before mentioned number of Commissioners which said Commissioners so supplyed appointed and authorized as aforesaid not excéeding the number before mentioned nor being under the number of One and thirty or any seven or more of them shall from thenceforth have like Power and Authority in all things as those Commissioners which are expresly named in this Act And that the Commissioners and such as from time to time for the future shall be supplyed as aforesaid or any seven or more of them have like Power and Authority to Survey the said Haven and River and all Wharfs Sasses Locks Wears Turnpikes Penns for water and all Ditches Sewers and Streams running into the said River and the Mills Mill-damms Floodgates Walls Banks and Bridges now made or hereafter to be made and built upon the same and all Impediments Decays Loss and Annoyances in the same and make like Process to inquire thereof and to set such Fines Penalties and to make such Orders and Decrées for altering amending or removing the same as any Commissioners of Sewers by any Law Statute or Commission of Sewers are enabled to do in other Rivers and Places Any Law or Statute to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That the said Vndertakers authorized as aforesaid for the making the said Haven and Passages from time to time shall have full power and authority by and with the consent of the said Commissioners or any seven or more of them to make Orders and Constitutions for the good and orderly usage of the said Haven and Passages and for all Wharfs The power to make orders and constitutions Sasses Locks Wears and Turn-pikes and for all Ships and Vessels Barges Lighters Boats Boat-men Passengers Carriages and Rates for Carriages by or through the said Haven or Passages and all things concerning the same and to set lay and execute such reasonable Pains and Punishments upon the Breakers thereof To impose penalties upon the breakers as to them in discretion shall séem méet and reasonable which said Orders and Constitutions being put in Writing under the Hands and Seals of the said Vndertakers and being allowed by the said Commissioners or any Seven or more of them under their several Hands and Seals and by the Iustices of Assize of the said several Counties of VVilts and Southampton which shall be at the time of the Signing Sealing and Publishing of the said Orders as aforesaid shall be binding to all persons whatsoever any Law or Vsage to the contrary notwithstanding The said Orders and Constitutions to be kept amongst the Records of the Sessions of the Peace for the City of New-Sarum by the Clerk of the Peace for the time being of the said City Transcripts whereof shall be delivered to the several Clerks of the Peace of the respective Counties of Wilts and Southampton to be by them kept upon Record amongst the Records of the Sessions of the said respective Counties All which shall be taken adjudged and déemed good and sufficient Evidence and proof in any Court of Record whatsoever Nevertheless the Iustices of Assize for the Counties of Wilts and Southampton Persons grieved may appeal to the Iustices of Assise upon complaint to them made by any persons grieved with the said Taxations Assessments Charges Orders Constitutions Pains and Penalties or any of them shall and may abridge moderate alter or reform the same as they shall find just cause such Orders to be under the Hands and Seals of the said Iustices and to be kept among the Records of the Sessions as aforesaid And the respective Commissioners and Iudges of Assize as aforesaid are from time to time to take special care in the manner of the laying and assessing of the said Rates and ordering and disposing of the said Haven Passages and Wharf that all opportunity for the Vndertakers or any other to engross the Commodities of the said Countrey or impose upon the Markets may be prevented The Vndertakers to have the Taxes upon Carts Carriages c. And be it Enacted by the Authority aforesaid That the said Vndertakers authorized as aforesaid for the making the said Haven and Passages respectively and their several and respective Heirs and Assigns for ever having first given satisfaction as aforesaid shall have hold peaceably and quietly receive demand take and enjoy all and every the said Rates Profits and Advantages whatsoever which shall or may from time to time and at all times hereafter be made arise grow or become due or payable for the Carriages of Wood Coals Corn Salt or any other Merchandises Commodities or Carriages whatsoever by any Ship or Vessel Barge Boat Lighter or otherwise up or down the said Haven River new Channels or the said Sasses Locks Wears Turn-pikes Penns for water Cranes Wharfs or any of them and also shall have and receive as aforesaid all Penalties imposed by the said Orders as aforesaid and in case of Refusal or Denial of Payment Penalties and how to recover the same shall and may sue for the same by Action of Debt in any Court of Record in which Action no Wager of Law Essoign or Protection shall be allowed or may distrain or make stoppage of the said Goods or Vessels till they shall be satisfied for the same And that all Fines and Amerciaments which shall be imposed as aforesaid for any Annoyances and Offences which shall be at any time hereafter committed to the hurt or prejudice of the said River or any thing thereunto appertaining shall be to the only use benefit and behoof of the said respective Vndertakers their several and respective Heirs Successors and Assigns for ever And for that the Barges Boats Lighters or other Vessels must of necessity in some places and at some times be haled up by strength of Men Horses Winches Engines or other means in that behalf convenient Drawing and haling of Barges c. upon the Banks Be it therefore Enacted by Authority of this
Lanes c. That the Lord Mayor Aldermen and Common Council of the said City for the time being shall on or before the first day of April next ensuing declare which and how many shall hereafter be accounted and taken to be By-lanes which and how many shall hereafter be déemed Stréets or Lanes of note and high and principal Stréets by Act of Common-Council to be passed for that purpose which Declaration being made as aforesaid all and singular the said Stréets and Lanes hereby intended to be rebuilt shall by Order of the said Lord Mayor Aldermen and Common Council or such persons as they under the Common Seal of the said City shall order and appoint be Marked or Staked out and distinguished to the end the Breadth Length and Extent thereof may be the better known and observed And if any person or persons whatsoever shall wittingly or willingly without good Authority pluck up or remove any of the said Stakes or Mark-stones thereby to obscure or confound the bounds of such Stréets or Lanes or any of them and shall be thereof legally convicted by the Oath of one Witness other then of the Informer to be taken before any one or more Iustices of the Peace of the said City That then the said Iustice or Iustices shall or may send such Offender to the Common-gaol of the said City there to remain by the space of thrée moneths without Bail or Mainprize unless he shall pay or cause to be paid to the use of the Mayor Commonalty and Citizens of the said City the sum of Ten pounds to be imployed in and towards the repairing of the publick Buildings of the said City Provided always That where any such Offence shall be committed by any person or persons of low and mean condition whom the said Iustice or Iustices of the Peace shall in his conscience believe to be unable to satisfie the said Penalties That then and in such case the said Iustice or Iustices of the Peace shall and may by Order and Warrant under his or their Hands and Seals cause such Offender to be openly whipped near unto the place where the Offence shall be committed till his body be bloudy And that it shall and may be lawful for the said Iustice or Iustices of the Peace to reward the said Informer out of the Pecuniary Penalty to be incurred according to his discretion not excéeding a Third part of the said Penalty And in regard the building with Brick is not onely more comely and durable but also more safe against future perils of Fire Building with Brick Stone Oak Be it further Enacted by and with the Authority aforesaid That all the outsides of all Buildings in and about the said City be henceforth made of Brick or Stone or of Brick and Stone together except Door-cases and Window-frames the Brest Summers and other parts of the first Story to the Front betwéen the Péers which are to be left to the discretion of the Builder to use substantial Oaken Timber in stead of Brick or Stone for conveniency of Shops And that the said Doors Brest Summers and Window-frames be sufficiently discharged of the burthen of the Fabrick by Arch-work of Brick or Stone either straight or circular The duty of the Surveyors and Supervisors And be it Enacted That the said Surveyors or Supervisors so to be appointed as aforesaid and every of them within their several Precincts shall take care That in Building of all Houses within the said City and Liberties thereof there be And it is hereby Enacted by the Authority aforesaid That there shall be Party-walls and Party-péers set out equally on each Builders ground to be built up by the first beginner of such Building And that convenient Toothing be left in the Front-wall by the said first Builder for the better joyning of the next House that shall be built to the same And that no man be permitted by the said Surveyors to build on the said Party-wall or on his own contiguous ground until he hath fully reimbursed the said first Builder the full moyety of the charges of the said Party-wall and Péers together with Interest for the same after the rate of Six pounds per Cent. per Annum for forbearance thereof to be accounted from the beginning of the said first building Who may determine Differences between first and later builders And in case any difference shall arise betwéen the first and later Builders concerning the true value of the said Charge That then the same be referred to the Alderman of that Ward where such Building shall be and to his Deputy to mediate an agréement of such difference And where the said Alderman and his Deputy or one of them shall be parties or where they cannot compose such difference as aforesaid That the matter be referred to the Examination of the Lord Mayor and Court of Aldermen who shall hear and finally determine the same without any Appeal to be had Houses of the first and last sort of building And be it further Enacted That the said Houses of the first and least sort of Building fronting By-stréets or Lanes as aforesaid shall be of two Stories high besides Cellars and Garrets That the Cellars thereof be six foot and a half high if the springs of water hinder not That the first Story be nine foot high from the Floor to the Cieling and the second Story nine foot high from the Floor to the Cieling That all Walls in front and réer as high as the first Story be of the full thickness of the length of two Bricks and thence upwards to the Garrets of the thickness of one Brick and an half and that the thickness of the Garret-walls on the back-part be left to the discretion of the Builder so that the same be not less then the length of one Brick And also that the thickness of the Party-walls betwéen these Houses of this first and lesser sort of Building be one Brick and an half as high as the said Garrets and that the thickness of the Party-wall in the Garrets be of the thickness of one Brick in length at the least and that the Scantlings of Timber and Stone to be used about the building thereof be as in the said Table are set down and prescribed Houses of the second sort of building And be it further Enacted That the Houses of the second sort of Building fronting Stréets and Lanes of note and the River of Thames shall consist of thrée Stories high besides Cellars and Garrets as aforesaid That the Cellars thereof be six foot and an half high if the springs of water hinder not That the first Story contain full ten foot in height from the Floor to the Cieling the second full ten foot the third nine foot That all the said Walls in front and réer as high as the first Story be of the full thickness of the length of two Bricks and an half and from thence upwards to the
Estate or Estates Title or Interest which Sale so made and Inrolled of Record according to the Custom or Vsage of the said City for Inrollment of Bargains and Sales shall be final and conclusive to all other persons whatsoever and shall bar them their Heirs and Assigns to claim any Estate Right Title or Interest of in or out of the Grounds so sold precedent to the said Sale And the Purchaser or Purchasers thereof his and their Heirs and Assigns shall and may by vertue of this Act have hold and enjoy the same against all persons claiming any Estate Right Title or Interest into or out of the same his and their Heirs Executors Administrators and Assigns fréed and discharged of and from Incumbrances in Estate Title Charge or otherwise precedent to the said Sale And to the end the said Builders may receive due encouragement by having the materials for building at reasonable Prices and getting of Workmen for moderate wages Be it further Enacted That in case of Combination or unreasonable Exaction by Brick-makers Tile-makers Who may in case of unreasonable exactions set rates upon Materials and Workmen and Lime-burners It shall and may be lawful for the Iustices of the Court of Kings Bench or any two or more of them upon the complaint of the said Mayor and Court of Aldermen to call before them such a number of Brick-makers Tile-makers and Lime-burners making or burning Brick Tile or Lime at any place within Five miles distance of the River of Thames as they shall think fit and upon conference with them had concerning the premisses if they will be present or otherwise in their absence to Assess such reasonable Prices from time to time upon every Thousand of the said Bricks and Tiles and upon every hundred of the said Lime and every greater or lesser quantity to be delivered at the several Kilns And also of all Carriages of the same Materials from the said Kilns to the said City whether by Land or by Water as may equally respect the honest profit of the said Brick-makers Tile-makers Lime-burners and Carriers and the necessity and convenience of the Builder Labourers Wages And to the intent no Brick-maker Tile-maker Lime-burner Carpenter Brick-layer Mason Plaisterer Ioyner Plumber or other Artificer Workman or Labourer may make the common calamity a pretence to extort unreasonable or excessive Wages Be it likewise Enacted That in case of combination or exaction of unreasonable Wages by the said Artificers Workmen or Labourers or any of them the said Iustices of the Court of Kings-Bench or any two or more of them upon the like complaint of the said Lord Mayor and Court of Aldermen shall and may from time to time limit rate and appoint the Wages of the said Artificers Workmen and Labourers by the day wéek or otherwise and what wages every of the said Workmen shall have by the great by the Foot Yard Rod or Perch or for any greater Quantity which said Rates together with the Prices of the said Materials and Carriages so assessed being set down in a Table and Proclamation thereof made by the Lord Mayor for the time being accordingly the same shall effectually bind all persons therein concerned And if any of the said Artificers refuse to sell the said Materials for the Prices so assessed or any of the said Carpenters Bricklayers Masons Plaisterers Ioyners Plumbers or other Workmen or Labourers shall either refuse to work for the Wages so assessed or shall depart from his said work after he hath undertaken to do the same without Licence of such person or persons as imployed him and before it be finished unless it be for non-payment of his hire or other just cause to be allowed before one Iustice of the Peace of such place where the offence shall be committed or if any person or persons whatsoever shall by any secret ways or means give covenant article or agrée to give directly or indirectly by himself or any other for him any other or greater Wages Prices or other Commodity then shall be so assessed the said Offender and Offenders being thereof legally convict by the Oaths of one or more witnesses which Oath the said Iustice is hereby impowred to administer shall be by the said Iustice of the Peace forthwith committed to the Common Gaol there to remain by the space of one Moneth without Bail or Mainprize unless he shall pay or cause to be paid for every such Offence to the said Iustice of the Peace such Fine as by the discretion of the said Iustice shall be set upon any such Offender not excéeding Ten pounds Out of which Fine the said Iustice shall and may award and pay unto the party injured such satisfaction as he shall judge reasonable and the residue thereof shall pay unto the Chamberlain of London for the time being to be imployed for and towards the re-edifying of the Publick Buildings of the City aforesaid Forâ—iners may as Freemen work in London And be it further Enacted That all Carpenters Bricklayers Masons Plaisterers Ioyners and other Artificers Workmen and Labourers to be imployed in the said Buildings who are not Frée-men of the said City shall for the space of Seven years next ensuing and for so long after as until the said Buildings shall be fully finished have and enjoy such and the same liberty of working and being set to work in the said Building as the Fréemen of the City of the same Trades and Professions have and ought to enjoy Any Vsage or Custom of the City to the contrary notwithstanding And that such Artificers as aforesaid which for the space of Seven years shall have wrought in the rebuilding of the City in their respective Arts shall from and after the said seven years have and enâ—oy the same Liberty to work as Fréemen of the said City for and during their natural lives Provided always That such Artificers claiming such Priviledges shall be liable to undergo all such Offices and to pay and perform such Duties in reference to the Service and Government of the City as Fréemen of the City of their respective Arts and Trades are liable to undergo pay and perform Who may determine differences between Builders about stopping Lights c. And to remove all obstacles which otherwise may hinder so good and profitable a work Be it further Enacted by the Authority aforesaid That all differences arising betwéen the said Builders or any others concerning placing and stopping up of Lights Windows Water-courses or Gutters which may hinder or retard the said Building shall and may be heard mediated and determined if it may be by the Alderman of the Ward where the cause of any such difference shall arise and his Deputy and if either the said Alderman or his Deputy be concerned as parties in the controversie or that they cannot determine the said Differences that then and in every such case the same be certified by the said Alderman or his Deputy unconcerned therein to the
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
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
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
shall be néedful for Repairing of the several High-ways and places aforesaid and the said several Surveyors in their respective Counties shall provide Stones Gravel and other materials and necessaries to be used for and towards the Repairing and amending the said High-way at the places aforesaid And the said Surveyors or thrée or more of them in their respective Counties being so met and assembled are hereby authorized to appoint a Receiver or Collector of Toll and such other Officer and Officers as they shall find necessary in their respective Counties for carrying on the said Work with such moderate allowance as shall be thought fit to be approved of by any two or more Iustices of the Peace for the said respective County for which such Officer is so chosen living near to the said High-way or places aforesaid or otherwise to be removed and other fit person or persons to be chosen in his or their places by the said Iustices in the said several and respective Counties And for the better effecting thereof Be it Enacted by the Authority aforesaid That the said Surveyors or any thrée or more of them in their several Counties Charging of Carts and Carriages shall from time to time as they shall sée cause appoint and require all and every person and persons inhabiting within thrée miles of the places aforesaid being within their several and respective Counties who by any Law or Statute of this Realm now in force is or are chargeable to find any Wayn or Cart for the amending of the High-ways and every other person and persons chargeable to labour in the High-ways upon reasonable notice to send his or their Cart or Wain and Team or to come to labour in the said High-way at any the places aforesaid within their respective Counties so furnished as by the Laws and Statutes of this Realm is directed for the amending of other High-ways when and so often as the said Surveyors for their said several Counties Allowance of wages to labourers and owners or any thrée or more of them shall think néedful and appoint for which the said Surveyors shall pay unto such Labourers and to the owners of such Teams Carts and Wayns according to the usual rate of the Countrey And in case any person so charged to send his her or their Team to work as aforesaid shall refuse or neglect so to do such persons so refusing or neglecting The Penalty for refusing shall forfeit Ten shillings for every day that he or they shall make such default and every Labourer Eightéen pence for every day he shall neglect or refuse to work as aforesaid How far and often Carts and carriages may be charged Provided That no person or persons by vertue of this Act be compelled or compellable to labour or to send his or their Team Cart or Waggon for the mending of the said High-way to any of the said places being above Thrée miles distant from his Dwelling-house or not in the same County nor to labour or send his or their Team Cart or Waggon for amending of the said High-way above Thrée days in any one wéek nor at any time in Séed-time Hay or Corn-harvest Who may determine differences about carriages and labourers Wages And in case that any question shall happen to arise touching the hire to be given by the said Surveyors for such Team Cart or Waggon or concerning the wages of such Labourers imployed in mending the said High-ways That then the said Iustices of the Peace in the County where such difference ariseth or any Two or more of them shall and may determine and set down what hire for such Team Cart or Waggon and also what wages to such Labourer shall be paid or allowed by the said Surveyors and such Order in that behalf to be made shall conclude all parties And be further Enacted by the Authority aforesaid That where there is not sufficient Gravel Chalk Sand or Stones within any Parish Town Village or Hamlet wherein the said High-way How gravell Chalk Stones c. may be taken or places aforesaid or any of them do lie to repair the said High-way at any of the places aforesaid It shall and may be lawful for the said Surveyors in their several and respective Counties or any thrée or more of them and such person and persons as they shall appoint to dig take and carry away Gravel Chalk Sand or Stones out of the Waste or Common of any neighbouring Parish Town Village or Hamlet without paying any thing for the same for the repairing or amending of the said High-way at any the places aforesaid or where there is not sufficient of such materials in any Common or Waste Ground thereunto near adjoyning to dig in the several grounds of any person or persons not being an House Garden Orchard Yard or Park stored with Déer being within any Parish chargeable towards the repairs of the said High-way and places so to be repaired where any such materials are or may be found And from time to time to carry away such and so much thereof as the said Surveyors or any thrée or more of them in their respective Counties shall adjudge necessary for the said Reparations without paying any thing for such materials saving only such reasonable satisfaction to the Owner or Occupier of the Ground where the same shall be so digged carried away as for the damage he or they shall thereby sustain to be assessed and adjudged by the said Iustices of the County where the same is digged at the next or any other Quarter-Sessions for the said County in case of difference concerning the same And that the Pits and places where and from whence such materials shall be dugg and carried away for the Reparations aforesaid shall with all convenient spéed to be adjudged by the said Iustices of Peace as aforesaid be filled up and levelled with earth or other materials or else rayled about so as that the same may not be déemed dangerous or prejudicial to man or beast And for the defraying of the charge of such Reparations to be done in the places aforesaid Be it further Enacted That from and after the choice of the Surveyors aforesaid it shall and may be lawful to and for the said Surveyors for the time being with such consent and approbation as is aforesaid Who may appoint the taking of Toll or Custom of all carriages and passengers of the said Iustices of the several Counties within their own Counties and not elsewhere to choose and appoint one or more fit person or persons to receive or take such sum or sums of money in the name of Toll or Custom to be paid for all such Horses Carts Coaches Waggons Droves and Gangs of Cattel as in time to come shall pass be led or droven in or through the said way or places aforesaid as are hereafter by this Act limited and appointed that is to say for every Horse one peny for every Coach six
pence for every Waggon one shilling for every Cart eight pence for every score of Shéep or Lambs one half-peny and so proportionably for greater numbers For every score of Oxen or Neat Cattel five pence and so for every greater or lesser number proportionably For every score of Hoggs two pence and so for every greater or lesser number proportionably not being under five And that from and after the passing of this Act all and every person or persons who shall travel with Horse Coach Cart or Waggon or shall lead or drive any Oxen Shéep Horses or other Cattel aforementioned in and through the High-way and places aforesaid shall and are hereby required to pay unto the respective Collectors and Receivers of Toll in the several Counties aforesaid in that behalf to be appointed after the rates aforesaid Places for taking of Toll in Hertfordshire Cambridgshire Huntingtonshire Power to distrain for Toll refused to be paid The places for Collecting of the said Toll to be for the County of Hertford at Wades-Mill and for the County of Cambridge at Caxton within the said County of Cambridge and for the County of Huntington at Stilton in the said County of Huntington and at no other place or places within the said Counties And in case any person or persons upon demand made of Toll aforesaid by the Collector or Receiver in that behalf to be appointed shall neglect or refuse to pay the same That then it shall and may be lawful to and for the said Collector or Receiver appointed for the Receipt of the said Toll upon such refusal to Distrain and detain such Horse Cart Coach Waggon Oxen or other Cattel aforementioned or any of them until the said Toll shall be satisfied and paid according to the tenor of this present Act together with such damages as the party so distraining shall sustain by kéeping of such Distress Of all which money so to be received The Toll received to be accompted for and paid to the Surveyors the said Collector or Receiver of Toll so to be appointed in the several Counties shall from time to time render true Accounts and shall pay the money so by them received unto the said Surveyors of their several and respective Counties or to any thrée or more of them or unto such Treasurers as they shall appoint when and as often as they shall be thereunto required by the said Surveyors or any thrée or more of them by them to be laid out and expended for and towards the necessary Repairs and amending of the several places aforementioned and not elsewhere within their said several and respective Counties And be it further Enacted by the Authority aforesaid That the Surveyors To whom the said Surveyors shall accompt for moneys received and every of them in their several and respective Counties at the Quarter-Sessions of the Peace for the said County to be holden next after Easter in every year shall make and yield up unto the Iustices of the Peace there to be assembled a perfect Account in writing under their hands of all the money which they or any of them shall have received from the said Collector or Receiver of Toll in their said County and likewise of all their disbursments in and about the said High-way or otherwise by reason of their Offices And in case of any overplus of money so received remaining in their hands shall pay the same to the Surveyors to be chosen for the year ensuing or to the Treasurer or Receiver by them to be appointed to be disbursed and laid out in the several places aforesaid within such County wherein the overplus doth remain and not elsewhere in the year ensuing which said Iustices to whom such Account shall be given shall out of the benefit of the said Toll make such allowance unto the said Surveyors for and in consideration of their care and pains taken in the execution of their said Offices as to them shall séem good And in case the Collector or Receiver of the aforesaid Toll for the respective Counties so to be paid as aforesaid shall not upon request duly pay the same unto the said Surveyors of the said County for the time being or the Treasurer or Receiver by them appointed or in case the said Surveyors or any of them shall not make such Account and payment as aforesaid That then the said Iustices for the several and respective Counties at any Quarter-Sessions of the Peace to be holden for the said County in case of such default of Account or Payment shall and may make enquiry concerning such default as well by the confession of the parties themselves as by testimony of two or more credible Witnesses upon Oath and in case of such default to be found and adiudged by the said Iustices in their said respective Counties either in their said Receiver or Collector of the said Toll or in their said Surveyors or any of them The said Iustices upon such their conviction shall commit the party or parties so convict to the common Gaol for the said County there to remain without Bail or Mainprize until he or they shall have made a true and perfect Account and Payment as aforesaid And forasmuch as the moneys so to be Collected by such receipt of the said Toll will not at present raise such a Stock or Sum of Money as may be sufficient for the spéedy Repairing of the Premisses in the said several Counties of Hertford Cambridge and Huntington It is hereby further Enacted How the Toll Profits may he engaged for advance of Money and the said Surveyors are hereby enabled by and with the like consent of the said Iustices for their several and respective Counties without further License severally to engage the profits arising of their said Toll in their several Counties for such sum or sums of money by them to be borrowed for that purpose and by Indenture under the hands and seals of the said respective Surveyors for the time being to transfer the said profits of the said Toll and to grant and convey the same for any time or term not excéeding Nine years unto any person or persons that shall or will upon that Security advance any present sum or sums of money for and towards the present Repairing and amending of the said High-way in the respective places and Counties aforesaid for the repayment of such principal sum or sums of money so lent with Interest for the same Or in case such sum or sums of money cannot be borrowed upon the Security aforesaid for the Repair of the said Ways That then it shall and may be lawful to and for the said Iustices in their said several and respective Counties In what cases a Rate may be mâ—de upon the several Parishes at their several Quarter-Sessions when they shall sée cause to make a Rate not to extend to any other County but their own nor to Repair any other then the places aforesaid in that particular County where
the Coals which shall be otherwise sold or exposed to sale by any Woodmonger or Retailer of Coals and the double value thereof to be recovered by any person or persons that will prosecute for the same in any Court of Record or by way of complaint made unto the Lord Mayor of London for the time being and Iustices of Peace within the City of London and Liberties thereof or to any two of them or to the Iustices of Peace of the several and respective Counties and Places where such Coals shall be exposed to sale or any of them who are hereby Impowred and Required to call the Parties before them and to hear and examine such Complaint upon Oath which by vertue of this Act is to be administred by them or any Two of them and upon due proof thereof made to their satisfaction to Convict the Offenders and to give Warrant under their Hands and Seals for levying the Forfeitures accordingly the one half thereof to be to and for the use of the person or persons so prosecuting or complaining and the other half to and for the use of the Poor or repairing of the High-wayes within the same Parish or any other adjoyning Parish or Parishes to be appointed and apportioned by the direction of the said Lord Mayor and Iustices by such their Warrant as aforesaid And the said Lord Mayor of London and the Court of Aldermen for the time being Who may set Rates upon Coals in London and the Iustices of Peace of the several Counties respectively or any thrée or more of them whereof one to be of the Quorum are hereby impowred to set the Rates and Prises of all such Coals as shall be sold by Retail as they from time to time shall judge reasonable allowing a competent profit to the said Retailer beyond the price paid by him to the Importer and the ordinary charges thereupon accruing And that if any Ingrosser or Retailer of such Coals shall refuse to sell as aforesaid Ingrossers or Retailers refusing to â—ell at the said Rates That then the said Lord Mayor and Aldermen and Iustices of Peace respectively are hereby authorised to appoint and impower such Officer or Officers or other persons as they shall think fit to enter into any Wharf or other place where such Coals are stored up And in case of refusal taking a Constable to force entrance and the said Coals to sell or cause to be sold at such Rates as the said Lord Mayor and Aldermen and Iustices respectively shall judge reasonable rendring to such Ingrosser or Retailer the money for which the said Coals shall be so sold necessary charges being deducted The continuance of this Act. Provided That this Act shall continue for thrée years next ensuing and thenceforth to the end of the next Session of Parliament and no longer Provided also That no person or persons that shall be sued by vertue of this Act for not observing thereof shall be sued upon any other Act or Law now in force for the same offence And if any Action shall be commenced against any Iustice of Peace Persons sued upon this Act may plead the general issue Constable or other Officer or Person for any thing done by colour of this Act the Defendant in every such Action may plead the general Issue and give the special matter in Evidence And if the Verdict be found for him or the Plaintiff become Non-suited shall recover and have his Damages and double Costs of suit for his unjust Vexation in that behalf Who may not act in setting Rates upon Coals Provided always That no Person having any Interest in any Wharf used for the receiving or uttering of Coals or that doth or shall Trade by himself or others in his own or any other name in the sale of any Coals or the Engrossing the same in order to sell the same and not for his own private use onely shall act or otherwise intermeddle in the setting the Price of Coals Any thing in this Act to the contrary in any wise notwithstanding CAP. III. For the Returning of able and sufficient Jurors FOr the returning of more able and sufficient Iurors for Trials hereafter to be had betwéen Party and Party and for reformation of abuses in Sheriffs and other Ministers who for reward do oftentimes spare the ablest and sufficientest and return the poorer and simpler Fréeholders less able to discern the Causes in question and to bear the charges of appearance and attendance thereon Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same Iurors for trials of issues shall have 20 l. per annum Freehold That all Iurors other then Strangers upon Tryals per medietatem linguae who are to be returned for the Tryals of Issues joyned in any of the Kings Majesties Courts of Kings Bench Common-Pleas or the Exchequer or before Iustices of Assize or Nisi Prius Oyer and Terminer Gaol-Delivery or General or Quarter-Sessions of the Peace from and after the twentieth day of April which shall be in the year of our Lord One thousand six hundred sixty five in any County of this Realm of England shall every of them then have in their own name or in trust for thâ—â— within the same County twenty pounds by the year at least above reprises in their own or their wives right of Free-hold Lands or of ancient Demesne or of Rents in Fee Fee-tail or for life And that in every County within the Dominion of Wales every such Iuror shall then have within the same eight pounds by the year at the least above reprises in manner aforesaid All which Persons having such Estate as aforesaid are hereby enabled and made lyable to be returned and to serve as Iurors for the Tryal of Issues before the Iustices aforesaid Any Law or Statute to the contrary in any wise notwithstanding And if any of a lesser Estate and value shall be respectively returned upon any such Iury or Tales in default of such Iurors it shall be a good cause of Challenge and the Party returned shall be discharged upon the said Challenge or his own Allegation and Oath thereof And that no Iury-mans Issues making default shall be saved but by special Order of the Iudge or Iudges before whom the Issue is to be tryed Issues of Iurors upon default for some just and reasonable cause proved upon Oath before the same Iudge or Iudges And all such Issues shall be duly estreated and levied The Ven ' fac And that the Writ of Venire facias which from and after the aforesaid time shall be awarded and directed for the impannelling of Iuries in cases aforesaid within any County of England shall be in this form Rex c. Praecipimus c. quod venire fac coram c. duodecem liberos legales homines
excepted but shall wilfully and negligently suffer the said Fens and Wastes or the most part of the same to be again drowned and overflowed by the space of five years at any time after the expiration of the said seven years and the same be found and adjudged hurtfully surrounded in default of the said Trustées their heirs and assigns or the survivor of them contrary to this Act by twelve Commissioners of Sewers or the greater number of them whereof six to be of the parts of Holland and six of Kestiven of which twelve Commissioners thrée of either of the said parts to be of the Quorum upon their view or inquisition or presentment of Iury that the same hath so long continued drowned and that Iudgment be certified of Record into the High Court of Chancery under their hands and seals or the greater number of them That then and from thenceforth the trust of the said Trustées their heirs and assigns or the survivor of them of in and to the said third part and the said other parts and proportions added and allotted for a further recompence as aforesaid for the said Earl and Countess of Berkshire Lord Howard of Charlton Lord Bruce Countess of Stamford Lord Grey and other persons in remainder as aforesaid and all and every estate and estates whatsoever by them granted conveyed or in any manner executed of all or any the said third part or other proportions added and allotted for further recompence to any person or persons whomsoever in execution pursuance or discharge of their said trust or otherwise shall cease determine and be utterly void to all intents and purposes whatsoever and not to be helped altered or relieved in any Court or by any course of Law or Equity and that then and from thenceforth the said Trustées their heirs and assigns or the survivor of them shall stand and be seised of all the said third part and the additional allotments in trust to permit and suffer the said Commissioners of Sewers of Kestiven and Holland to take perceive and receive the whole Rents Issues and profits to the end the same may be laid out and expended for the regaining of the said Fens and to defray the charge which the Country shall or may be put unto to preserve themselves and their other Lands from being surrounded or damnified by the said waters in default of maintaining of the said Banks and doing other the said works which ought to have béen made and repaired by the said Trustées their heirs and assigns or the survivor of them And upon further trust likewise That the said Trustees their heirs and assigns or the survivor of them shall and will from time to time and at all times make and execute such estate and estates as twelve Commissioners of Sewers of the parts of Holland and Kestiven whereof thrée of each part to be of the Quorum shall by writing under their hands and seals direct and appoint And be it Enacted and declared That all such estate and estates so by them made shall be and be and be deemed and taken to be good and effectual in Law to all intents and purposes as if the same were in this present Act particularly and by proper names mentioned and expressed And be it further Enacted by the Authority aforesaid That if the said Trustées their heirs or assigns or the survivor of them shall not or do not at or before the said term of seven years well and truly pay or cause to be paid the full and just sum of one hundred pounds of lawful money of England into the hands of such person or persons as the said Commissioners of Sewers in their publick Sessions from time to time shall appoint to receive the same That then and in such case it shall and may be lawful to and for the said Commissioners of Sewers by an Order in writing under their hands and seals to Authorize such person or persons as they shall think fit to enter into any the said Lands part of the said third part allotted to the said Thomas Lovel out of any the Fens by him formerly undertaken to be Dreyned and the said Additional Lands and out of the Rents Issues and profits thereof to raise the same sum of one hundred pounds to the end the same shall and may be by them imployed and laid out South-Dozens and Hawthorn bank in and about the necessary maintenance and reparation of the Banks above mentioned called the South Dozens and Hawthorne Bank and so from time to time and at all times as the said one hundred pounds or any part thereof shall be as abovesaid expended in and about the said Banks as aforesaid if the same be not again supplied by the said Trustees their heirs or assigns or the survivor of them within six moneths then next following then it shall be in the power of the said Commissioners of Sewers out of the Rents Issues and profits aforesaid to raise the same or so much thereof as shall not be supplyed as abovesaid from time to time and at all times as occasion shall require How meetings and by-laws may be made for management of the dreyning Provided always and be it Enacted by the Authority aforesaid That it shall and may be lawful to and for such person and persons their heirs and assigns or any three or more of them to whom the said Trustees their heirs or assigns or the survivor of them shall make or execute any estate or estates of the said ten thousand thirty six Acres before mentioned or any part thereof as Adventurers under the said Trustees their heirs or assigns or the survivor of them in Dreyning the said Fens at all times and from time to time from and immediately after execution of the said estate and estates to summon call and hold meetings of themselves their Agents and Workmen at such place and places by warrant under three or more of their hands and seals or under the hand and seal of their common Clerk for the time being for the making altering or confirming and with power and authority hereby granted unto them their heirs executors administrators and assigns for making and to make By-laws for the better Government and more orderly management of the said work of Dreyning the said Fens within themselves respectively And also be it further Enacted by the Authority aforesaid That at all and every meeting and meetings as aforesaid to be held It shall and may be lawful and they are hereby thereunto impowred for any three or more of the said Vndertakers their heirs executors administrators and assigns By whom rates and taxes may be made for the saâ—d work to assess rate tax and charge all and every the respective Owner or Owners their heirs executors administrators and assigns and every of them of all and every the said ten thousand and thirty six Acres aforesaid by an equal and proportionable Acre-tar with any sum or sums of money as they shall
in force until the end of Seven years from the expiration or determination of the fore-mentioned Act. And be it further Enacted by the Authority aforesaid That the benefit of Clergy shall be taken away from great known and notorious Thieves and Spoil-takers in the said Counties of Northumberland Cumberland or either of them during the continuance of this present Act Clergy taken away from notorious Theives in Northumberland Cumberland who shall be duly Convicted for Theft done or committed within the said Counties or either of them Or otherwise That it shall and may be lawful to and for the Iustices of the Assize and Commissioners of Oyer and Terminer or Gaol-delivery before whom such Offenders shall be Convicted within the said Counties or either of them to Transport or cause to be Transported the said Offenders and every of them into any of His Majesties Dominions in America there to remain and not to return Any former Law Statute or Vsage to the contrary in any wise notwithstanding CAP. IV. For Burying in Woollen onely FOr the Encouragement of the Woollen Manufactures of this Kingdom and prevention of the Exportation of the Moneys thereof for the Buying and Importing of Linnen Woollen Manufactures encouraged 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 thereof That from and after the Five and twentieth day of March in the year of our Lord One thousand six hundred sixty seven No person or persons whatsoever shall be buried in any Shirt None shall be buried but in Woollen Shift or Shéet made of or mingled with Flax Hemp Silk Hair Gold or Silver or other then what shall be made of Wooll onely or be put into any Coffin lined or faced with any thing made of or mingled with Flax Hemp Silk or Hair upon pain of the forfeiture of the sum of Five pounds Penalty to be imployed to the use of the poor of the Parish where such person shall be buried for and towards the providing a Stock or Work-house for the setting them at work to be levied by the Churchwardens and Overséers of the Poor of such Parish or one of them by Warrant from any Iustice of the Peace or Mayor Alderman or Head-officer of such City Town or place Corporate respectively within their several Limits by Distress and Sale of the Goods of the party Interred contrary to this Act rendring the overplus or in default thereof by Distress and Sale of the Goods of any that had a hand in the putting such person into such Shift Shirt Shéet or Coffin contrary to this Act or did order or dispose the doing thereof to be levied and imployed as abovesaid Proviso for persons dying of the Plague Provided That no penalty appointed by this Act shall be incurred for or by the reason of any person that shall die of the Plague though such person be buried in Linnen CAP. V. For Encouraging for Coynage WHereas it is obvious That the plenty of Current Coyns of Gold and Silver of this Kingdom is of great advantage to Trade and Commerce For the Increase whereof Your Majesty in Your Princely Wisdom and Care hath béen graciously pleased to bear out of Your Revenue half the Charge of the Coynage of Silver-money For the preventing of which Charge to Your Majesty Encouragement for bringing Gold and Silver into the Realm and the Encouragement of the bringing of Gold and Silver into the Realm to be converted into the Current Money of this Your Majesties Kingdom We Your Majesties Dutiful and Loyal Subjects do Give and Grant unto Your Majesty the Rates Duties or Impositions following And do beséech Your Majesty that it may be Enacted And be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same That whatsoever person or persons Native or Foreigner Alien or Stranger Silver or Gold brought in to be Coyned shall from and after the Twentieth day of December One thousand six hundred sixty and six bring any Foreign Coyn Plate or Bullion of Gold or Silver in Mass Molten or Allayed or any sort of Manufacture of Gold or Silver into His Majesties Mint or Mints within the Kingdom of England to be there Melted down and Coyned into the current Coyns of this Kingdom shall have the same there Assayed Melted down and Coyned with all convenient spéed without any Defalcation Diminution or Charge for the Assaying Coynage or Wast in Coynage So as that for every pound Troy of Crown or Standard-Gold that shall be brought in and delivered by him or them to be Assayed Melted down and Coyned as aforesaid there shall be delivered out to him or them respectively a pound Troy of the current Coyns of this Kingdom of Crown or Standard-Gold And for every pound Troy of Sterling or Standard-Silver that shall be brought in and delivered by him or them to be Assayed Melted down and Coyned as aforesaid there shall be delivered out to him or them respectively a pound Troy of the current Coyns of this Kingdom of Sterling or Standard-Silver and so proportionably for a greater or lesser weight And for every pound Troy of Gold or Silver that shall be brought in and delivered to be Assayed Melted down and Coyned as aforesaid that shall be finer upon Assay then Crown-Gold or Standard-Silver there shall be delivered for the same so much more then a pound Troy as the same doth in proportion amount unto in â—â—neness and value And for every pound Troy of Gold or Silver that shall be brought in and delivered to be Assayed Melted down and Coyned as aforesaid that shall be courser or baser upon Assay or worse in value then Crown-Gold or Standard-Silver there shall be delivered for the same so much less then a pound Troy as the same doth fall short in fineness or value and so for a greater or lesser quantity And it is hereby further Enacted by the Authority aforesaid That there shall be no preference in point of Assaying or Coynage There shall be no under preference but money Coyned shall be delivered out in order but that all Gold and Silver brought in and delivered into the Mint to be Assayed and Coyned shall be Assayed Coyned and delivered out to the respective Importers according to the order and times of bringing in and delivering the same into the Mint or Mints and not otherwise So as he that shall first bring in and deliver any Gold or Silver to be Coyned shall be taken and accounted the first person to have the same Assayed Coyned and Delivered And he or they that shall bring in and deliver any Gold or Siver next to be accounted the second person to have the same Assayed Coyned and Delivered and so successively
therefore 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 the Authority of the same That the Iustices of the Courts of Kings Bench and Common Pleas Iustices appointed to hear and determine differences between Landlords and Tenants c. and the Barons of the Coife of the Exchequer for the time being or any thrée or more of them sitting at the same time and place and not otherwise shall be and are hereby Authorized from time to time to hear and to determine all Differences and Demands whatsoever which have arisen or may any wise arise betwéen Landlords Proprietors Tenants Lessées Vnder-tenants or late Occupiers of any the said Houses or Buildings with their appurtenances or the Courts or Yards Grounds and Wharfs or any person or persons having or claiming any Estate Right Title Interest in Law or Equity or Trust Charge or Incumbrance of or in the same or their or any of their Heirs Executors Administrators Successors or Assigns or any other persons for touching or concerning the Repairing Building or Rebuilding of the said Houses or Buildings Yards Courts Grounds and Wharfs or any other Grounds lying within that part of the City and Suburbs thereof lately burnt pulled down or otherwise demolished defaced or otherwise ruined by reason of the said Fire or for or concerning the payment defalcation apportioning or abatement of any Rent or Rents other then Arrears of Rent onely due before the First day of September One thousand six hundred sixty and six or for or touching any Covenant Condition or penalty relating thereunto or for touching or concerning the prefixing or limiting of any time for such Repairs or new Building Rebuilding or any Rate or Contribution to be born or paid thereunto by any person or persons Bodies Politick or Corporate interessed in the premisses and all Incidents relating thereunto And that they or any thrée or more of them from time to time with or without any Adjournment summarily and sine forma figura Judicii and without the formalities of procéedings in Courts of Law or Equity shall and may upon the Verdict or Inquisition of Iurors testimony of witnesses upon Oath Examination of parties interessed or by all or any of the said ways or otherwise according to their Discretions procéed to the hearing and determining of the Demands or Differences betwéen the said parties concerning the premisses and that the definitive Order of the said Iustices and Barons or any thrée or more of them as aforesaid shall be final as betwéen the said parties their Heirs Executors Administrators Successors and Assigns and all claiming by from or under them as touching the matters contained in such Orders from which there shall be no Appeal or Review otherwise then as is hereafter mentioned Nor shall any Writ of Error or Certiorari lye for the removal or reversal of the same And be it further Enacted by the Authority aforesaid That the said Iustices and Barons The Powers of the said Iustices or any thrée or more of them as aforesaid shall have Authority and are hereby Impowred where they shall think it convenient to Order the Surrendring Increasing Abridging Ceasing Determining or Charging of any Estates in the Premisses or to order new or longer Leases or Estates not excéeding Forty years to be made of any of the premisses by the Proprietors or Owners thereof or other persons interessed therein to any Tenant or Sub-Tenant or late Occupiers of the same their Executors Administrators Successors or Assigns at such Rents and Fines or without any Rent or Fine as they shall think fit unless in such Cases where the Laws of this Realm do forbid the Diminishing of ancient and accustomable Rents All which Orders according to the Tenors thereof shall be obeyed by all persons concerned therein respectively and shall conclude and bind them their Heirs Successors Executors Administrators and Assigns respectively notwithstanding any Disability in respect of Coverture Infancy Non-sanity of Memory Estate Tail or in Right of the Church or otherwise And that Infants Femes Covert Ideots persons of Non-sane Memory or beyond the Seas Tenants in Tail Bishops Deans and Chapters and other Ecclesiastical persons and their Successors Corporations and all other person or persons Bodies Natural and Politick their Heirs and Successors and their respective Interests shall be bound and concluded by such respective Order or Orders according to the Tenor or Purport thereof Any Law Statute or Custom or other matter or thing to the contrary notwithstanding And for the better Enabling the said Iustices and Barons to procéed with effect in the said Causes How to proceed upon Complaints Be it also Enacted by the Authority aforesaid That the said Iustices and Barons or any thrée or more of them as aforesaid upon the complaint or request of any person or persons concerned in any of the said Houses or Buildings and other the premisses shall issue out Notes or Warrants under their hands or the hands of any such thrée of them thereby warning the person or persons Bodies Politick and Corporate therein named and concerned in the said late Houses or Buildings and other the premisses in such Complaint mentioned to appear before them at such time and place as in such Note or Notes shall in that behalf be specified And upon appearance of the said person or persons summoned or upon default of appearance and Oath made of due notice given to him or them which Oath and all other Oaths necessary to the Execution of the Powers given by this Act the said Iustices and Barons or any thrée of them are hereby enabled to administer The said Iustices and Barons or any thrée of them may procéed to make such final and definitive Orders as aforesaid And that such service of the said Note or Notes as is usually allowed to be a good service in cases of Subpoena shall be accounted to be a good service in the cases aforesaid The said Indicature shall be a Court of Record And be it Enacted by the Authority aforesaid That the said Iustices and Barons or any thrée of them for the matters and according to the powers herein before mentioned shall be and shall be taken to be a Court of Record And that the Iudgements and Determinations that shall be made betwixt party and party by Authority of this Act shall be Recorded in a Book or Books of Parchment to be provided for that purpose And that every such Iudgement and Determination shall be Signed by thrée or more of the said Iustices or Barons Which said Book or Books of Record shall be placed and intrusted in the custody of the Lord Mayor and Aldermen of the City of London for the time being to be kept with the Records of the said City and to remain as a perpetual standing Record unto which all persons concerned or which shall be concerned
shall or may repair to view the same and thereout to take Copies of all such Iudgements and Determinations as shall relate to him her and them And that none of the said Iustices and Barons shall take any Fée or Reward whatsoever directly or indirectly for any thing to be done by them by vertue or colour of this present Act. Officers And be it Enacted by the Authority aforesaid That for a reward of the Officers to be imployed herein A Table of Fees the said Iustices and Barons or any thrée or more of them as aforesaid are hereby enabled to order and direct a Table of such reasonable Fées to be made as may carry on and effect the purport and intent of this Act. This Act to continue till the last day of December which shall be in the year of our Lord One thousand six hundred sixty and eight The continuance of this Act. and no longer Proviso touching the renewing and reversing Orders or Decrees Provided always and be it Enacted by the Authority aforesaid That where any such Order or Decrée as aforesaid shall be made by a lesser number of Iustices and Barons then Seven it shall be lawful for any person agrieved by such Order or Decrée to present his Exceptions to the same in writing within seven days next after such Order or Decrée made to the Chief Iustices and Chief Baron for the time being or any two of them who shall forthwith communicate the same to the rest of the said Iustices and Barons who are hereby required to hear the Parties and examine and consider the said Exceptions And if any Seven or more of them shall subscribe thereunto that they find probable cause of complaint Then it shall and may be lawful to and for any Seven or more of the said Iustices Barons within Twenty days next following such Exceptions delivered to review the said former Order or Decrée And thereupon to reverse Confirm Enlarge Diminish or otherwise alter any such Order or Decrée as in their wisdoms they shall think fit Any thing herein contained notwithstanding CAP. III. For Rebuilding the City of London FOrasmuch as the City of London being the Imperial Seat of His Majesties Kingdoms and renowned for Trade and Commerce throughout the World by reason of a most dreadful Fire lately happening therein was for the most part thereof burnt down and destroyed within the compass of a few days and now lies buried in its own Ruines For the spéedy Restauration whereof and for the better Regulation Vniformity and Gracefulness of such new Buildings as shall be erected for Habitations in order thereunto And to the end that great and outragious Fires through the blessing of Almighty God so far forth as humane Providence with submission to the Divine pleasure can foresée may be reasonably prevented or obviated for the time to come both by the matter and form of such Building And further to the intent that all Incouragement and Expedition may be given unto and all Impediments and Obstructions that may retard or protract the undertaking or carrying on a work so necessary and of so great Honour and Importance to His Majesty and this Kingdom and to the rest of His Majesties Kingdoms and Dominions may be removed 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 Rules and Directions hereafter in this Act prescribed be duely observed by all persons therein concerned And first That no Building or House for Habitation whatsoever Rules and directions to be observed in building be hereafter Erected within the limits of the said City and Liberties thereof but such as shall be pursuant to such Rules and Orders of Building and with such materials as are herein after particularly appointed and according to such Scantlings as are set down and prescribed in a Table in this present Act hereafter specified And if any person or persons shall presume to Build contrary thereunto and be convicted of the same by the Oaths of two or more credible witnesses to be taken before the Lord Mayor for the time being or any two or more of the Iustices of the Peace for the said City Penalty who are hereby impowred to administer the same Oaths that then and in such case the said House so irregularly built as aforesaid shall be déemed as a common Nusance and the Builder and Levier thereof shall enter into a Recognizance in such sum as the said Mayor and Iustices respectively in their Discretions shall appoint for abatement and demolishing the same in convenient time or otherwise to amend the same according to such Rules and Orders as aforesaid and in default of entring into such Recognizance the Offender shall be committed to the common Gaol of the said City there to remain without Bail or Mainprize till he shall have abated or demolished or otherwise amended the same or else such irregular House shall or may be demolished or abated by Order of the Court of Aldermen And that the said irregular Buildings may be the better prevented or more effectually discovered Prevention of irregular buildings Be it further Enacted by the Authority aforesaid That the Lord Mayor Aldermen and Common-Council of the said City shall and may at their will and pleasure elect nominate and appoint one or more discréet and intelligent person or persons in the Art of Building to be the Surveyors or Supervisors to sée the said Rules and Scantlings well and truly observed And that it shall be lawful for the said Mayor Aldermen and Common Council or for the Mayor and Aldermen in their Court of Aldermen to administer to all the said Surveyors or Supervisors an Oath upon the holy Evangelists for the true and impartial execution of their Office in that behalf and to appoint the several Precincts which shall be under their several Surveys And to the end that all Builders may the better know how to provide and fit their materials for their several Buildings Be it Enacted That there shall be onely Four sorts of Buildings There shall be four sorts of buildings only and no more and that all manner of Houses so to be erected shall be of one of those four sorts of Buildings and no other that is to say The First and least sort of Houses fronting By-Lanes the Second sort of Houses fronting Stréets and Lanes of note the Third sort of Houses fronting high and principal Stréets the Fourth and largest sort of Mansion-houses for Citizens or other persons of extraordinary quality not fronting either of the thrée former ways And the Roofs of each of the first three sorts of Houses respectively shall be Vniform And for avoiding any uncertainty to the Builders or others herein Be it further Enacted Powers of the Lord Mayor Aldermen and Common Council to declare Streets
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
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