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A39441 An Abridgement of the statutes made in the thirteenth year of the reign of King Charles the Second alphabetically digested under apt titles and heads for the ready finding out of the matter. England and Wales. Laws, etc. 1661 (1661) Wing E860; ESTC R6329 18,777 46

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Usurpation many rebellious Principles have been distilled into the minds of the People which unless prevented may break forth into disturbance And whereas an Act for exercising the Militia with most safety and ease to the King and people is under consideration which cannot as yet be perfected It is enacted That the Militia and Land-Forces of this Kingdome and Dominions c. now under the power of Lieutenants or their Deputies shall be exercised ordered and managed untill the 25 of March 1662 in such manner as the same now is actually exercised ordered and managed according to such Commissions and Instructions as they formerly had or from time to time shall receive from his Majesty 2. That whereas since the 24 of June 1660. there have been Insurrections by occasion whereof divers have been murthered and for the security of the Nation divers have been assaulted arrested deteined or imprisoned and divers Arms have been seized and houses searched c. It is enacted that all persons who have or shall have acted or done any thing in execution of any Commission or Commissions of Lieutenancy issued by the King or by colour of them or any of them touching or concerning the same or any of them or relating thereunto shall be and are hereby saved harmless and indempnified in this behalf 3. And also all magistrares Justices of the Peace Officers and Ministers of Justice and all that have or shall have acted by or under them or by their or any of their Commands since the said 24 of June 1660. untill the 20 of July 1661. as to any assaulting arresting detaining or imprisoning any suspected Phanatick Sectary or disturber of the Peace or seizing of Arms or searching of Houses for Arms or for suspected perssons shall be and are hereby saved harmless and indempnified 4. That this Act shall not after the 20 of March 1661. be prejudicial to any County City or place within this Kingdome which are overcharged with men Arms beyond their Antient proportion 5. That this Act shall not extend to the giving of any power for the transporting of any Subjects of this Realm or any way compelling them to march out of this Kingdome otherwise then by the Laws of England ought to be done 6. That no person be capable of acting as Lieutenant or Deputy Leiutenant or other Officer or Souldier by vertue of this Act who hath not taken the Oaths of Allegiance and Supremacy since his Majesties return untill he shall take the same which Oaths any 6 of the Lord of the Council are to administer to any Peer who shall be Commissionated c. and any two of the Deputy Lieutenants in their respective Counties to any Commoner Moneys Goods c. vested in the King Stat. 13. Car. 2. cap. 3. That all sums of money Goods Plate Jewells Horses Arms Ammunition and other things whatsoever leavied received or taken since the 30 of January 1642. by any of the late pretended Authorities or by pretence or colour from them or any of them for any publick use not pardoned by the Act of Oblivion made at the Parliament begun at Westminster the 25 of April in the 12 year of His Majesties reign wich are not otherwise vested and setled in the King And all Bonds Obligations and other Securities entred into for the same or any part thereof be and are hereby vested and setled in the King his Heirs and Successors who may from time to time and at all times hereafter have demand sue for and recover the same of all persons their HeiRs Executors and Administrators who are accomptable for the same or in whose hands or possessions soever the same were or are as if the same had been leavied received collected or taken in the King's name by his Authority or to his use 2. That all persons who have received any the aforesaid sums of money from any Treasurer or Receiver for any publick use by way of Imprest to be accounted for not pardoned as aforesaid shall be liable to Account called to account in such manner as if they had received the same of the Exchequer or other Publick Treasury and particularly those who have received or collected the Revenues of any Churches or Vicatidges in Wales or in the County of Monmouth since the year 1648. 3. Provided they all have due allowances in their accounts as all whose accounts are excepted in the Act of Oblivion ought to have 4. That the King his Heirs and Successons shall and may issue out Commissions as shall be thought fit either under the Great Seal or Seal of the Exchequer for the Discovering Leavying receiving and discharging the same 5. That all persons accountable hereby are enabled to sue for leavy and recover from the parties from whom the same was is due and for which they are hereby accomptable all sume of money and Arears in such manner and form as they might have recovered and leavyed the same when they first grew due 6. That no man shall be called to account or questioned for any Goods or other things in his hands which shall not be called to account or some Information against him in the Exchequer or to Commissioners to be appointed as aforesaid before the 24 of June 1662. and such information prosecuted with effect within Twelve moneths after the Exhibition thereof Navy-Orders Stat. 13. Car. 2. cap. 9. All Officers at Sea shall cause the Publick worship of God according to the Liturgy of the Church of England established by Law to be Solemnly orderly and reverently performed in their Respective ships and that Prayers and Preachings by Chaplains in Holy Orders of the respective ships be diligently performed and that the Lords day be observed according to Law 2. Every Person in the Kings pay using unlawfull and rash Oaths Cursings Execrations Drunkenness Uncleanness or other scandalous Actions shall be punished as the Court-Martial shall think fit 3. It shall be Death to every Person in the Fleet who shall give hold or entertain Intellgence to or with any King c. being enemy to or any persons in Rebellion against the King his Heirs and Succeflors without the Kings leave or the leave of the Lord High Admirall Vice Admiral or Commander in Cheif of any Squadron 4. Every person in the Fleet who shall receive any Letter or Message from any King Potentate c. being enemy to the King c. or on their behalf and doe not within twelve hours after having an opportunity so to do acquaint the superior Commander with it Or if a Superior officer or Matiner being acquainted therewith or himself in his own person receiving a Letter of Message from any such enemy or Rebel and shall not in convenient time reveal the same to the Admiral Viceadmirall or the Commander of the Squadron such person shall suffer Death or other punishment as the Court-Martiall shall think fit 5. No Person in the Fleet shall releive any Enemy or Rebell in Time of War with any
course of Law then every such person so offending as aforesaid shall be adjudged Traytors and shall suffer death and lose and forfeit as in cases of High Treason 2. If any person after the 24 of June 1661. during his Majesties life shall maliciously and advisedly publish or affirm the King to be an Heretique or a Papist or that he endeavours to introduce Popery or shall maliciously or advisedly by Writing Printing Preaching or other speaking express publish utter or declare any words sentences or other thing or things to incite or stir up the people to hatred or dislike of the person of his Majesty or the established Government then every such person and persons being thereof legally convicted shall be incapable of having any place office or Promotion Ecclesiastical Civil or Military or any other imployment in Church or State other then that of his Peerage and shall likewise be liable to such further punishments as by the Common Laws or Statutes of this Realm may be inflicted in such Cases 3. If any person or persons after the 24 of June 1661. shall malitiously advisedly by Writing Printing Preaching or other speaking express publish utter declare or affirm that the Parliament begun at Westminster the the 3 day of November 1640. is not yet dissolved or determined or that it be in beeing or hath yet any continuance or existence or that there lies any Obligation upon him or any other person from any Oath Covenant or Engagement whatsoever to endeavour a change of Government either in Church or State or that both or either House of Parliament have or hath a Legislative Power without the King or any other words to the same effect then every such offender shall incur the danger and penalty of a Praemunire 16 R. 2. 4. That the Oath usually called the Solemn League and Covenant was in it self an unlawful Oath and imposed against the fundamental Laws of this Kingdome and that all Orders Ordinances or pretended Orders and Ordinances of both or either Houses of Parliament for imposing of Oaths Covenants or Engagements Leavying of Taxes or raising of Forces and Arms to which the Royal assent either in person or by Commission was not expresly had or given were in their first Creation and still are and so shall be taken to be null and void 5. That all persons who have been or shall be questioned for any thing done by colour of any the Orders or Ordinances herein before mentioned to be null and are Indempnified by the late Act of Indempnity or shall be indempnified by any Act of Parliament shall and may make such use of the said Orders and Ordinances for their Indempnity according to the true intent of the said Act and no other as might have been done if this Act had not been made 6. That no Person be prosecuted for any of the Offences in this Act other then such as are High Treason but by order of the King c. under the Sign Manual or by Order of the Council Table c. directed unto the Attourney Generall for the time being or some other of the King's Councill learned 7. None shall incur any of the Penalties herein before mentioned unless prosecuted within six moneths next after the offence committed and indicted within three months after such prosecution 8. None shall be indicted arraigned condemned convicted or attainted for any of the Treasons or offences aforesaid unless accused by two lawfull and credible Witnesses upon Oath which Witnesses shall be brought face to face at the time of the Offenders arraignment and there avow and maintain upon oath the Treason c. unless the parties arraigned shall willingly confesse the same 9. Nothing herein contained shall extend to deprive either Houses of Parliament or any of their Members of their just antient Freedome and Priviledge of debating c. or at any Conferences or Committees c. but that the said Members of either of the said Houses and the Assistants of the House of Peers and every of them shall have the same freedome of Speech and all other Priviledges as they had before the making of this Act. 10. No Peer of this Realm shall be tried for any of the said offences but by his Peers and that Every Peer convicted of any of the said offences after such conviction be disabled during his life to sit in Parliament unless the King shall pardon him and if the King shall grant his pardon to any Peer of this Realm or Commoner convicted as aforesaid the Peer or Commoner so pardoned shall be restored to all intents as if never convicted Tumults Stat. 13 Car. 2. c. 5. That no person or persons whatsoever shall from after the first of August 1661. Sollicite labour or procure the getting of hands or other consent of any persons above the number of Twenty or more to any Petition Complaint Remonstrance Declaration or other Address to the King or both or either Houses of Parl. for alteration of matters established by Law in Church or State unless the matter thereof hath been first consented unto and Ordered by three or more Justices of that County or by the Major part of the Grand Jury of the County or Division of the County where the same matter shall arise at their Publick Assizes or Generall Quarter Sessions or if arising in London by the Lord Maior Aldermen and Commons in Common-Council assembled 2. That no person or persons whatsoever shall repaire to the King or Parliament upon pretence of presenting any Petition Complaint Remonstrance or Declaration or other Adresses accompanied with excessive numbers of people nor at any one time with above the number of Ten persons upon pain of penalty not exceeding 100 l. in money and three months imprisonment without Bail or Mainprize for every offence which offence to be prosecuted at the King's Bench or at the Assizes or General Quarter Sessions within six months after the offence committed and proved by two or more credible Witnesses 3. That this Act shall not extend to hinder any persons not exceeding the number of Ten as aforesaid to present any Publick or private Grievance or Complaint to any Members of Parliament after his Election and during the Parliament or to the King for any Remedy to be had thereupon nor to extend to any address whatsoever to the King by all or any the Members of both or either Houses of Parliament during the sitting of the Parliament but that they may enjoy their freedome of access as formerly The End