direction or true intent of any Act or Ordinance or reputed Act or Ordinance of one or both houses of Parliament or of any Convention sitting at Westminster under the Name Stile or Title of a Parliament or assuming that Name Stile or Title shall be and shall be adjudged estéemed and taken to be and to have béen of the same and no other force and effect as if such Marriages had béen had and solemnized according to the Rites and Ceremonies established or used in the Church or Kingdom of England any Law Custom or Vsage to the contrary thereof notwithstanding Issues upon lawfulness of marriages already joyned shall be cryed by Iury And be it further Enacted that where in any Suit commenced or to be commenced in any of the Courts of the common Law any issue hath béen joyned and not already tryed or determined or shall be joyned upon the point of Bastardy or unlawfulness of marriage for or concerning the marriages had and solemnized as aforesaid the same issues shall be tryed by Iury of Twelve Men according to the course of Trial of other issues tryable by Iury at the Common Law and not otherwise Bastardy any Law Statute or Vsage to the contrary thereof in any wise notwithstanding Stat. 13 Car. 2. cap. 11. CAP. XXXIV The Planting Setting or Sowing of Tobacco in England and Ireland prohibited YOur Majesties Loyal and Obedient Subjects The Lords and Commons in this present Parliament assembled considering of how great concern and importance it is That the Colonies and Plantations of this Kingdom in America be defended Protected Maintained and kept up and that all due and possible encouragement be given unto them and that not not only in regard great and considerable Dominions and Countries have béen thereby gained Importance of the plantations of America and added to the Imperial Crown of this Realm But for that the strength and welfare of this Kingdom do very much depend upon them in regard of the employment of a very considerable part of its Shipping and Seamen and of the vent of very great quantities of its Native Commodities and Manufactures as also of its supply with several Commodities which it was wont formerly to have only from Forraigners and at far dearer Rates And forasmuch as Tobacco is one of the main products of several of those Plantations and upon which their Welfare and Subsistence and the Navigation of this Kingdom and vent of its Commodities thither do much depend and in regard it is found by experience That the Tobaccoes Planted in these parts are not so good and wholsome for the Takers thereof And that by the Planting thereof your Majesty is deprived of a considerable part of your Revenue arising by Customs upon Imported Tobacco Do most humbly pray That it may be Enacted by your Majesty And it is hereby Enacted by the Kings most Excellent Majesty and the Lords and Commons in this present Parliament Assembled and by Authority of the same No person after the 1. Ianuary 1660. shall set or plant any Tobacco That no Person or Persons whatsoever shall or do from and after the first day of January in the year of our Lord One thousand six hundred and sixty Set Plant improve to grow make or cure any Tobacco either in Séed Plant or otherwise in or upon any Ground Earth Field or Place within the Kingdom of England Dominion of Wales Islands of Guernsey or Jersey The penalty or Town of Berwick upon Tweed or in the Kingdom of Ireland under the penalty of the Forfeiture of all such Tobacco or the value thereof or of the sum of forty shillings for every Rod or Pole of Ground so Planted set or Sowen as aforesaid and so proportionably for a greater or lesser quantity of Ground one Moyety thereof to His Majesty His Heirs and Successors And the other Moyety to him or them that shall Sue for the same to be recovered by Bill Plaint or Information in any Court of Record wherein no Essoigne Protection or wager in Law shall be allowed All Sheriffs and other officers may destroy any Tobacco planted contrary to this Act. And it is hereby further Enacted That all Sheriffs Iustices of the Peace Mayors Bailiffs Constables and every of them upon Information or Complaint made unto them or any of them by any the Officers of the Customes or by any other Person or Persons whatsoever That there is any Tobacco set sowen planted or growing within their Iurisdictions or Precincts contrary to this Act shall within ten daies after such Information or Complaint cause to be burnt plucked up consumed or utterly destroyed all such Tobacco so set sowen planted or growing The penalty of any person resisting this act And it is hereby further Enacted That in case any Person or Persons shall resist or make forcible Opposition against any person or persons in the due and through Execution of this Act that every such person or persons for every such Offence shall forfeit the sum of five pounds to be divided and recovered in manner aforesaid And in case any person or persons shall not pay the sums of money by them to be paid by vertue of this Act That in every such case Distress shall be made and Sale thereof returning the Over-plus to the Owners And in case no Distress be to be found That then every such party shall be committed to the Common Goal in the County where such Offence shall be committed there to remain for the space of two moneths without bail or main-prize Proviso for private Gardens Provided alwayes and it is hereby Enacted That this Act nor any thing therein contained shall extend to the hindring of the planting of Tobacco in any Physick Garden of either Vniversity or in any other private Garden for Physick or Chirurgery only so as the quantity so planted excéed not one half of one Pole in any one Place or Garden Stat. 13 Car. 2. cap. 14. CAP. XXXV A Post-Office erected and established WHereas for the maintenance of mutual Correspondencies and prevention of many Inconveniencies happening by private Posts The well ordering of postage and letters of great concernment to Trade several publick Post-Offices have béen heretofore erected for carrying and recarrying of Letters by Posts to and from all parts and places within England Scotland and Ireland and several parts beyond the Seas the well Ordering thereof is a matter of general concernment and of great advantage as well for preservation of Trade and Commerce as otherwise To the end therefore that the same may be managed so that spéedy and safe dispatches may be had which is most likely to be effected by erecting one general Post-Office for that purpose Be it therefore Enacted by the Kings most Excellent Majesty A Letter-office erected in London the Lords and Commons in this present Parliament assembled and by the Authority of the same That there be from henceforth one general Letter-Office erected and
shall cause to be proclaimed in the Market Town next to such place Penalty for taking more then limited for lodging c. and in such of the Neighbouring Towns and Villages as to them shall séem méet to the end that notice may be taken of such Rates and Prices And if any person shall take any other sum then what is or shall be so limited either for Lodging Horse-meat Stable-room or other such accomodations and be thereof convicted by confession of the party or by the Oath of one credible witness before any one Iustice of the Peace which Oath the said Iustice of the Peace is hereby authorized to administer That then in such case every person so offending shall forfeit and pay to the party grieved the sum of Forty shillings the same to be levied by distress by Warrant from the said Iustice of the Peace and sale thereof returning the overplus to the party the charge of the distraining being first deducted This Act to have continuance till the end of the first Session of the next Parliament and no longer CAP. IX Articles and Orders for the regulating and better Government of His Majesties Navies Ships of War and Forces by Sea FOr the regulating and better Government of his Majesties Navies Ships of War and Forces by Sea wherein under the good Providence and Protection of God the Wealth Safety and Strength of this Kingdom is so much concerned Articles to be observed Be it Enacted by the Kings most Excellent Majesty with the advice and consent of the Lords and Commons in this present Parliament assembled and by the Authority thereof That all and every the Articles and Orders in this Act mentioned shall be duely and respectively put in Execution observed and obeyed in manner hereafter mentioned I. The publick Worship of God THat all Commanders Captains and other Officers at Sea shall cause the publick Worship of Almighty 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 the respective Chaplains in holy Orders of the respective Ships be performed diligently and that the Lords Day be observed according to Law II. Swearing Drunkenness c. Every person and persons in his Majesties pay using unlawful and rash Oaths Cursings Execrations Drunkenness Vncleanness or other Scandalous Actions in derogation of Gods Honour and corruption of good manners shall be punished by Fine Imprisonment or otherwise as the Court-Martial shall think fit III. Holding any forreign Intelligence If any Officer Mariner Souldier or other person in the Fléet shall give hold or entertain Intelligence to or with any King Prince or State being Enemy to or any persons in Rebellion against his Majesty his Heirs and Successors without direction or leave from the Kings Majesty the Lord High Admiral Vice-Admiral or Commander in Chief of any Squadron every such person or persons so offending shall be punished with death IV. Letters or Messages from any forreign Prince c. Enemy to the King If any Letter or Message from any King Forrein Prince State or Potentate being an Enemy to the Kings Majestie his Heirs and Successors or on their behalf be conveyed to any Inferiour Officer Mariner or Souldier or other in the Fléet and the said Officer Mariner Souldier or other as aforesaid do not within twelve hours having opportunity so to do acquaint the Superiour Commander with it or if a Superiour Officer or Mariner being acquainted therewith by an Inferiour Officer Mariner or other or himself in his own person receiving a letter or message from any such Enemy or Rebel and shall not in convenient time reveal the same to the Admiral Vice-Admiral or the Commander of the Squadron every such person shall be punished with death or such other punishment as the Court-Martial shall think fit V. Relieving of any Enemy No person or persons of the Fléet shall relieve an Enemy or Rebel in time of War with money Victuals Powder Shot Arms Ammunition or any other Supplies whatsoever directly or indirectly upon pain of death or such other punishment as the Court-Martial shall think fit to impose VI. Papers Charter-Parties c. taken in any Ship seised as Prize All the Papers Charter-Parties Bills of Lading Pasports and other Writings whatsoever that shall be taken seized or found aboard any Ship or Ships which shall be surprised or seised as Prize shall be duly preserved and not torn nor made away but the very Originals sent up intirely and without fraud to the Court of Admiralty or such other Commissioners as shall be appointed for that purpose there to be viewed made use of and procéeded upon according to Law upon pain of loss of all the shares of the Takers and such further punishment to be inflicted upon the Offenders therein as the quality of their offence and misdemeanor shall be found to deserve and the Court-Martial shall impose VII Prize Ships or Goods seised for prize None in his Majesties pay shall take out of any Prize or Ship or Goods seized on for Prize any Money Plate Goods Lading or Tackle before Iudgment thereof first past in the Admiralty Court but the full and intire accompt of the whole without imbezelment shall be brought in and Iudgment past intirely upon the whole without fraud upon pain of such punishment as shall be imposed by a Court-Martial or the Court of Admiralty excepting That it shall be lawful for all Captains Sea-men Souldiers and others serving as aforesaid to take and to have to themselves as Pillage without further or other accompt to be given for the same all such Goods and Merchandizes other then Arms Ammunition Tackle Furniture or Stores of such Ship as shall be found by them or any of them in any Ship they shall take in fight or prize upon or above the Gun-deck of the said Ship and not otherwise VIII Imbezeling any Cables Anchors c. None shall imbezle steal or take away any Cables Anchors Sails or any of the Ships Furniture or any of the Powder or Arms or Ammunition of the Ship upon pain of death or other punishment as the quality of the offence shall be found by a Court-Martial to deserve IX Forrein ships taken as prize not making resistance If any Forrein Ship or Vessel shall be taken as prize that shall not fight or make resistance that in that case none of the Captains Masters or Mariners being Forreiners shall be stripped of their Clothes or in any sort pillaged beaten or evil entreated upon pain That the person or persons so offending shall forfeit double Damages but the said Forrein Ships and all the Goods so taken shall be preserved intire to receive Iudgment in the Admiralty Court according to Right and Iustice X. Every Captain or Commander who upon signal or order of fight or view The duty of Captains c. upon signal of
Worship belonging to his said Benefice or Promotion upon some Lords Day before the Feast of Saint Bartholomew which shall be in the year of our Lord God One thousand six hundred sixty and two openly publiquely and solemnly Read the Morning and Evening Prayer appointed to be Read by and according to the said Book of Common Prayer at the times thereby appointed and after such reading thereof shall openly and publikely before the Congregation there assembled declare his unfeigned assent and consent to the use of all things in the said Book contained and prescribed In these words and no other I A. B. Do here declare my unfeigned assent and consent to all and every thing contained and prescribed in and by the Book intituled The Book of Common Prayer and Administration of the Sacraments and other Rites and Ceremonies of the Church according to the use of the Church of England together with the Psalter or Psalms of David Pointed as they are to be sung or said in Churches and the Form or manner of Making Ordaining and Consecrating of Bishops Priests and Deacons The Penalty for refusing And that all and every such person who shall without some lawful impediment to be allowed and approved of by the Ordinary of the place neglect or refuse to do the same within the time aforesaid or in case of such Impediment within one Moneth after such Impediment removed shall ipso facto be deprived of all his Spiritual Promotions And that from thenceforth it shall be lawful to and for all Patrons and Donors of all and singular the said Spiritual Promotions or of any of them according to their respective Rights and Titles to present or collate to the same as though the person or persons so offending or neglecting were dead Every person hereafter to be promoted to any Ecclestiastical Benefice shall read the Common Prayer and declare his assent thereto And be it further Enacted by the Authority aforesaid That every person who shall hereafter be presented or collated or put into any Ecclesiastical Benefice or Promotion within this Realm of England and places aforesaid shall in the Church Chappel or place of publick worship belonging to his said Benefice or Promotion within two moneths next after that he shall be in the actual possession of the said Ecclesiastical Benefice or Promotion upon some Lords Day openly publickly and solemnly Read the Morning and Evening Prayers appointed to be Read by and according to the said Book of Common Prayer at the times thereby appointed and after such reading thereof shall openly and publickly before the Congregation there assembled declare his unfeigned assent and consent to the use of all things therein contained and prescribed according to the form before appointed The penalty for not so doing the same And that all and every such person who shall without some lawful Impediment to be allowed and approved by the Ordinary of the place neglect or refuse to do the same within the time aforesaid or in case of such Impediment within one moneth after such Impediment removed shall ipso facto be deprived of all his said Ecclesiastical Benefices and Promotions And that from thenceforth it shall and may be lawful to and for all Patrons and Donors of all and singular the said Ecclesiastical Benefices and Promotions or any of them according to their respective Rights and Titles to present or collate to the same as though the person or persons so offending or neglecting were dead Incumbents of Livings keeping Curates shall read the same once every moneth And be it further Enacted by the Authority aforesaid That in all places where the proper Incumbent of any Parsonage or Vicarage or Benefice with Cure doth reside on his Living and kéep a Curate the Incumbent himself in person not having some lawful Impediment to be allowed by the Ordinary of the place shall once at the least in every moneth openly and publickly read the Common Prayers and Service in and by the said Book prescribed and if there be occasion Administer each of the Sacraments and other Rites of the Church in the Parish Church or Chappel of or belonging to the same Parsonage Vicarage or Benefice in such order manner and form The penalty and manner of conviction for not doing it as in and by the said Book is appointed upon pain to forfeit the sum of Five pounds to the use of the poor of the Parish for every offence upon conviction by confession or proof of two credible Witnesses upon Oath before two Iustices of the Peace of the County City or Town Corporate where the offence shall be committed which Oath the said Iustices are hereby impowred to Administer and in default of payment within ten dayes to be levied by distress and sale of the Goods and Chattels of the Offender by the Warrant of the said Iustices by the Church-wardens or Overséers of the poor of the said Parish rendring the surplusage to the party Deans Canons Prebendaries c. shall subscribe the Declaration 15 Car. 2. cap. 6. And be it further Enacted by the Authority aforesaid That every Dean Canon and Prebendary of every Cathedral or Collegiate Church and all Masters and other Heads Fellows Chaplains and Tutors of or in any Colledge Hall House of Learning or Hospital and every publick Professor and Reader in either of the Vniversities and in every Colledge elsewhere and every Parson Vicar Curate Lecturer and every other person in holy Orders and every School-master kéeping any publick or private School and every person Instructing or Teaching any Youth in any House or private Family as a Tutor or School-master who upon the First day of May which shall be in the year of our Lord God One thousand six hundred sixty two or at any time thereafter shall be Incumbent or have possession of any Deanry Canonry Prebend Mastership Headship Fellowship Professors place or Readers place Parsonage Vicarage or any other Ecclesiastical Dignity or Promotion or of any Curates place Lecture or School or shall instruct or teach any Youth as Tutor or School-master shall before the Feast-day of St. Bartholomew which shall be in the year of our Lord One thousand six hundred sixty two or at or before his or their respective admission to be Incumbent or have possession aforesaid subscribe the Declaration or Acknowledgment following Scilicet The Decla ∣ ration I A. B. Do declare That it is not lawful upon any pretence whatsoever to take up Arms against the King and that I do abhor that Traiterous Position of taking Arms by His Authority against His Person or against those that are Commissionated by him And that I will conform to the Liturgy of the Church of England as it is now by Law established And I do declare That I do hold there lies no Obligation upon me or on any other person from the Oath commonly called The Solemn League and Covenant to endeavour any change or alteration of Government either
Goal of the same County City or Town Corporate accordingly Provided alwayes and be it further Enacted by the Authority aforesaid Common Prayer to be read before every Lecture and the Lecturer to be present That at all and every time and times when any Sermon or Lecture is to be Preached the Common Prayers and Service in and by the said Book appointed to be Read for that time of the day shall be openly publickly and solemnly Read by some Priest or Deacon in the Church Chappel or place of Publick Worship where the said Sermon or Lecture is to be Preached before such Sermon or Lecture be preached And that the Lecturer then to Preach shall be present at the Reading thereof Provided nevertheless That this Act shall not extend to the Vniversity Churches Proviso for Sermons and Lectures in the Vniversities in the Vniversities of this Realm or either of them when or at such times as any Sermon or Lecture is Preached or Read in the said Churches or any of them for or as the publick Vniversity Sermon or Lecture but that the same Sermons and Lectures may be preached or read in such sort and manner as the same have béen heretofore preached or read this Act or any thing herein contained to the contrary thereof in any wise notwithstanding And be it further Enacted by the Authority aforesaid That the several good Laws The Lawes and Statutes formerly made for Vniformity of Common Prayer confirmed and to be executed for punishing offendors against this Law and Statutes of this Realm which have béen formerly made and are now in force for the Vniformity of Prayer and Administration of the Sacraments within this Realm of England and places aforesaid shall stand in full force and strength to all intents and purposes whatsoever for the establishing and confirming of the said Book Intituled The Book of Common Prayer and Administration of the Sacraments and other Rites and Ceremonies of the Church according to the use of the Church of England together with the Psalter or Psalms of David pointed as they are to be sung or said in Churches and the form or manner of Making Ordaining and Consecrating of Bishops Priests and Deacons herein before mentioned to be joyned and annexed to this Act and shall be applied practised and put in ure for the punishing of all offences contrary to the said Lawes with relation to the Book aforesaid and no other Provided alwayes and be it further Enacted by the Authority aforesaid Letanies and Collects relating to the King Queen c. That in all those Prayers Letanies and Collects which do any way relate to the King Quéen or Royal Progeny the Names be altered and changed from time to time and fitted to the present occasion according to the direction of lawful Authority True printed Copies of the Book of Common Prayer to be provâ—ded in all Parishes and Churches Provided also and be it Enacted by the Authority aforesaid That a true Printed Copy of the said Book Entituled The Book of Common Prayer and Administration of the Sacraments and other Rites and Ceremonies of the Church according to the use of the Church of England together with the Psalter or Psalms of David pointed as they are to be sung or said in Churches and the form and manner of Making Ordaining and Consecrating of Bishops Priests and Deacons shall at the costs and charges of the Parishioners of every Parish-Church and Chappelry Cathedral Church Colledg and Hall be attained and gotten before the Feast-day of St. Bartholomew in the year of our Lord One thousand six hundred sixty and two upon pain of forfeiture of thrée pounds by the moneth for so long time as they shall then after be unprovided thereof by every Parish or Chappelry Cathedral Church Colledge and Hall making default therein Proviso for the Bishops of Hereford St. Davies Asaph Bangor Landaff Provided alwayes and be it enacted by the Authority aforesaid That the Bishops of Hereford St. Davies Asaph Bangoâ— and Landaff and their Successors shall take such order among themselves for the souls health of the Flocks committed to their Charge within Wales That the Book hereunto annexed be truly and exactly Translated into the Brittish or Welsh Tongue and that the same so Translated and being by them or any thrée of them at the least viewed perused and allowed be Imprinted to such number at least so that one of the said Books so Translated and Imprinted may be had for every Cathedral Collegiate and Parish Church and Chappel of Ease in the said respective Diocesses and places in Wales where the Welsh is commonly spoken or used before the First day of May One thousand six hundred sixty five And that from and after the Imprinting and publishing of the said Book so Translated the whole Divine Service shall be used and said by the Ministers and Curates throughout all Wales within the said Diocesses where the Welsh Tongue is commonly used in the Brittish or Welsh Tongue in such manner and form as is prescribed according to the Book hereunto annexed to be used in the English Tongue differing nothing in any order or form from the said English Book for which Book so Translated and Imprinted the Church-Wardens of every the said Parishes shall pay out of the Parish-money in their hands for the use of the respective Churches and be allowed the same on their Accompt And that the said Bishops and their Successors or any thrée of them at the least shall set and appoint the price for which the said Book shall be sold And one other Book of Common Prayer in the English Tongue shall be bought and had in every Church throughout Wales in which the Book of Common Prayer in Welsh is to be had by force of this Act before the First day of May One thousand six hundred sixty and four and the same Book to remain in such convenient places within the said Churches that such as understand them may resort at all convenient times to read and peruse the same and also such as do not understand the said Language may be conferring both Tongues together the sooner attain to the knowledg of the English Tongue Any thing in this Act to the contrary notwithstanding and until Printed Copies of the said Book so to be Translated may be had and provided The Form of Common Prayer established by Parliament before the making of this Act shall be used as formerly in such parts of Wales where the English Tongue is not commonly understood And to the end that the true and perfect Copies of this Act and the said Book hereunto annexed may be safely kept and perpetually preserved and for the avoiding of all disputes for the time to come True and perfect Copies of this Act and the Book of Common Prayer by whom and how to be had and kept Be it therefore Enacted by the Authority aforesaid That the respective Deans and Chapters of Every Cathedral or
for the Establishing the Form of Making â—4 Car. 2. 〈◊〉 4 Ordaining and Consecrating of Bishops Priests and Deacons in the Church of England according to the said Act or any other subsequent Act. And whereas they or some of them and divers other person and persons not Ordained according to the Form of the Church of England and as have since the Act of Oblivion taken upon them to Preach in unlawful Assemblies Conventicles or Méetings under colour or pretence of Exercise of Religion contrary to the Laws and Statutes of this Kingdom have setled themselves in divers Corporations in England sometimes Thrée or more of them in a place thereby taking an opportunity to distill the poysonous Principles of Schism and Rebellion into the hearts of His Majesties Subjects to the great danger of the Church and Kingdom Be it therefore Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled Persons restrained from Inhabiting in Corporations and by the Authority of the same That the said Parsons Vicars Curates Lecturers and other persons in holy Orders or pretended holy Orders or pretending to holy Orders and all Stipendaries and other persons who have béen possessed of any Ecclesiastical or Spiritual Promotion and every of them who have not declared their unfeigned assent and consent as aforesaid and subscribed the Declaration aforesaid and shall not take and subscribe the Oath following The Oath I A. B. Do Swear That it is not lawful upon any pretence whatsoever to take Arms against the King and that I do abhor that Traiterous Position of taking Arms by His Authority against His Person or against those that are Commissionated by him in pursuance of such Commissions And that I will not at any time endeavour any Alteration of Government either in Church or State And all such person and persons as shall take upon them to Preach in any unlawful Assembly Conventicle or Méeting under colour or pretence of any Exercise of Religion contrary to the Laws and Statutes of this Kingdom shall not at any time from and after the Four and twentieth day of March which shall be in this present year of our Lord God One thousand six hundred sixty and five unless onely in passing upon the Road come or be within Five miles of any City or Town Corporate or Burrough that sends Burgesses to the Parliament within His Majesties Kingdom of England Principality of Wales or of the Town of Berwick upon Tweed or within Five miles of any Parish Town or place wherein he or they have since the Act of Oblivion béen Parson Vicar Curate Stipendary or Lecturer or taken upon them to Preach in any unlawful Assembly Conventicle or Méeting under colour or pretence of any Exercise of Religion contrary to the Laws and Statutes of this Kingdom before he or they have taken and subscribed the Oath aforesaid before the Iustices of the Peace at their Quarter-Sessions to be holden for the County Riding or Division next unto the said Corporation City or Burrough Parish place or Town in open Court which said Oath the said Iustices are hereby Impowred there to Administer upon forfeiture for every such offence the sum of Fourty pounds of lawful English money The Penalty the one Third part thereof to His Majesty and his Successors the other Third part to the use of the poor of the Parish where the offence shall be committed and the other third part thereof to such person or persons as shall or will sue for the same by Action of Debt Plaint Bill or Information in any Court of Record at Westminster or before any Iustices of Assize Oyer and Terminer or Gaol-Delivery or before any Iustices of the Counties Palatine of Chester Lancaster or Durham or the Iustices of the great Sessions in Wales or before any Iustices of Peace in their Quarter-Sessions wherein no Essoign Protection or Wager of Law shall be allowed Provided always and be it further Enacted by the Authority aforesaid That it shall not be lawful for any person or persons restrained from coming to any City Town Corporate Burrough Parish Town or place as aforesaid or for any other person or persons as shall not first take and subscribe the said Oath and as shall not frequent Divine Service established by the Laws of this Kingdom and carry him or her self reverently decently and orderly there to Teach any publique or private-School or take any Boarders or Tablers that are Taught or Instructed by him or her self or any other upon pain for every such offence to forfeit the sum of Forty pounds to be recovered and distributed as aforesaid Provided also and be it further Enacted by the Authority aforesaid That it shall be lawful for any Two Iustices of the Peace of the respective County upon Oath to them of any offence against this Act which Oath they are hereby Impowred to Administer to Commit the Offender for Six moneths without Bail or Mainprise unless upon or before such Commitment he shall before the said Iustices of the Peace Swear and Subscribe the aforesaid Oath and Declaration Provided always That if any person intended to be Restrained by vertue of this Act shall without fraud or covin be Served with any Writ Subpoena Warrant or other Process whereby his personal appearance is required his obedience to such Writ Subpoena or Process shall not be construed an offence against this Act. CAP. III. For Uniting Churches in Cities and Towns Corporate FOrasmuch as the setled Provision for Ministers in most Cities and Towns Corporate within this Realm is not sufficient for the Maintenance of able Ministers fit for such places whereby Mean and Stipendary Preachers are entertained to serve the Cures there who wholly depending for their Maintenance upon the good will and liking of their Auditors have béen and are hereby under temptation of too much complying and suiting their Doctrine and Teaching to the humour rather then good of their Auditors which hath béen a great occasion of Faction and Schism and of the contempt of the Ministry The Lords and Commons in Parliament Assembled being deeply sensible of the ill consequence thereof and piously desiring able Ministers in such places and a competent setled Maintenance for them by the Vnion of Churches which is also become necessary by reason of the great Ruine of many Churches and Parishes in the late ill times and otherwise Do therefore most humbly beséech Your most Excellent Majesty That it may be Enacted and be it Enacted by the Kings most Excellent Majesty In what Cities and Towns and how Churches and Chappels may be united 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 in every City or Town Corporate and their Liberties within the Kingdom of England and Dominion of Wales which
them who being disguised by Frocks and Vizors did appear upon the Scaffold erected before Whitehal upon the thirtieth of Ianuary one thousand six hundred forty and eight All which persons for their execrable Treason in sentencing to death or signing the Instrument for the horrid Murder or being instrumental in taking away the precious Life of our late Sovereign Lord Charles the first of Glorious Memory are left to be procéeded against as Traytors to His late Majesty according to the Laws of England and are out of this present Act wholly excepted and foreprized But ingard the said Owen Row Augustine Garland Edmond Harvey Henry Smith Persons that appeared and rendred themselves Henry Martin Sir Hardress Waller Robert Titchbourn George Fleetwood James Temple Thomas Wait Simon Meyn William Heveningham Isaac Penington Peter Temple Robert Lilburn Gilbert Millington Vincent Potter Thomas Wogan and John Downs have personally appeared and rendred themselves according to the Proclamation bearing Date the sixth day of Iune one thousand six hundred and sixty to Summon the persons therein named who gave Iudgement and Assisted in the said Horrid and Detestable Murther of our said late Sovereign to appear and render themselves and do pretend thereby to some favour upon some conceived doubtful Words in the said Proclamation Be it Enacted by this present Parliament and the Authority of the same upon the humble desires of the Lord and Commons in Parliament assembled That if the said Owen Row Augustine Garland Edmond Harvey Henry Smith Henry Martin Sir Hardress Waller Robert Titchburn George Fleetwood James Temple Tho. Wait Simon Meyn William Heveningham Isaac Penington Peter Temple Robert Lilburn Gilbert Millington Vincent Potter Thomas Wogan and John Downs or any of them shall be legally Attainted for the Horrid Treason and Murther aforesaid That then nevertheless the Execution of the said person and persons so Attainted shall be supended until his Majesty by the Advice and Assent of the Lords and Commons in Parliament shall order the Execution by Act of Parliament to be passed for that purpose Except also out of this present Act Oliver Cromwel deceased Henry Ireton deceased John Bradshaw deceased and Thomas Pride deceased Provided That nothing in this Act contained shall extend to discharge the Lands Tenements The Lands and Goods of the persons rendring themselves not excepted St. 13 Car. 2. ca. 15. Goods Chattels Rights Trusts and other the Hereditaments late of the said O. Cromwel Henry Ireton John Bradshaw and Thomas Pride or of Isaac Ewer deceased Sir John Danvers deceased Sir Thomas Maleverer Baronet deceased William Purefoy deceased John Blackiston deceased Sir William Constable Baronet deceased Richard Dean deceased Francis Allen deceased Peregrin Pelham deceased John Moor deceased John Aldred alias Alured deceased Humphry Edwards deceased Sir Gregory Norton Baronet deceased John Venn deceased Thomas Andrews Alderman deceased Anthony Stapely deceased Thomas Horton deceased John Fry deceased Thomas Hamond deceased Sir John Bourchier deceased of and from such pains penalties and forfeitures as by one other Act of Parliament intended to be hereafter passed for that purpose shall be expressed and declared And also excepted out of this present Act William Lord Mounson James Challoner Persons excepted for other penalties not extending to life St. 13. Car. 2. ca. 15. Sir Henry Mildmay Sir James Harrington John Phelps and Robert Wallop All which persons did Act and sit in that Trayterous Assembly which in the moneth of Ianuary one thousand six hundred forty eight Acted and procéeded against the Life of our late Sovereign King Charles the first of blessed Memory and are therefore reserved to such pains penalties and forfeitures not extending to Life as by another Act intended to be passed for that purpose shall be imposed on them And also except Sir Arthur Hesilrig for and in respect onely of such pains penalties and forfeitures not extending to Life as by one Act intended to be hereafter passed for that purpose shall be inflicted and imposed Provided alwayes That John Hutchinson Esquire and Francis Lassels Persons made incapable of any Offices shall be and are hereby made for ever incapable to Execute any Place or Office of Trust Civil or Military within this Kingdom And that the said Francis Lassels shall pay unto our Sovereign Lord the King one full years value of his Estate Any thing herein before contained to the contrary notwithstanding Provided alwayes That this Act or any thing therein contained Sir Henry Vane Iohn Lambert excepted shall not extend to the pardoning or to give any other benefit whatsoever unto Sir Henry Vane John Lambert or either of them but that they and either of them are and shall be out of this present Act wholly excepted and foreprized Penalty of certain persons if they shall after the first of September 1660. accept any Office Provided That if William Lenthal William Burton Oliver Saint-John John Ireton Alderman Colonel William Sydenham Colonel John Desborow John Blackwel of Moreclake Christopher Pack Alderman Richard Keeble Charles Fleewood John Pyne Richard Dean Major Richard Creed Philip Nye Clerk John Goodwyn Clerk Sir Gilbert Pickering Colonel Thomas Lister and Colonel Ralph Cobbet shall after the first day of September one thousand six hundred and sixty accept or exercise any Office Ecclesiastical Civil or Military or any other publique employment within this Kingdom of England Dominion of Wales or Town of Berwick upon Tweed that then such person or persons as do so accept or execute as aforesaid shall to all intents and purposes in Law stand as if he or they had béen totally excepted by name in this Act. Persons that gave Sentence upon any in the illegal High Courts of Iustice Provided likewise That all those who since the fifth of December one thousand six hundred forty eight did give sentence of death upon any person or persons in any of the late Illegal and Tyrannical High Courts of Iustice in England or Wales or Signed the Warrant for Execution of any person there Condemned except Colonel Richard Ingolsby and Colonel Matthew Thomlinson shall be and are hereby made incapable of bearing any Office Ecclesiastical Civil or Military within the Kingdom of England or Dominion of Wales or of serving as a Member in any Parliament after the first day of September one thousand six hundred and sixty Provided also and it is Enacted That all and every the persons appointed Trustées in a late pretended Act or Ordinance made in the year of our Lord Persons intrusted by Ordinance 1649. about Tithes shall be accomptable one thousand six hundred forty nine for and concerning Tithes appropriate Oblations Obventions Pensions Portions of Tithes appropriate Offerings Fée-farm Rents issuing out of the Tithes therein mentioned First-fruits and other things and Enacted or mentioned to be Enacted to be vested setled adjudged or déemed to be in the actual sesin or possession of such person and persons in the said pretended Act or Ordinance mentioned
County of Southampton being parcel of the Mannor of Husband Priors which by order and decrée of the High-Court of Chancery of the one and twentieth of June One thousand six hundred sixty one she is to be forthwith restored unto and put into possession of and to quietly hold and enjoy the same during her Widowhood with the mean profits thereof taken by the said Mr Wallop But that it shall and may be lawful to and for the said Rachel Powre to hold and enjoy the same according to the said Decrée Proviso for Sir John Bourchier Provided alwayes and it is hereby further Enacted That it shall and may be lawfull to and for Barrington Bourchier Esquire Son and Heir of Sir John Bourchier herein before mentioned to hold and enjoy all and singular the Lands Tenements and Hereditaments to him lately granted and conveyed or mentioned to be granted and conveyed in and by certain Letters Patents under the Great Seal of England bearing date the Two and twentieth day of March in the thirtéenth year of His Majesties Reign against His Majesty His Heirs and Successors for ever according to the full intent and meaning of the said Letters Patents Any thing in this present Act contained to the contrary thereof in any wise notwithstanding Anno XIII Car. II. Regis ACTS made at the second meeting in this present Parliament begun at Westminster the 8th day of May Anno Dom. 1661. And there continued untill the 20th of December and from that day adjourned unto the seventh of January next ensuing as followeth CAP. I. An Act for the well Governing and Regulating of Corporations impowring the King to issue Commissions for the removing placing and restoring certain Officers and Members there FOr and within the several Cities Corporations and Burroughs and Cinque-Ports and their Members and other Port-Towns within the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed viz. All Mayors Aldermen Recorders Bailiffs Town-Clerks Common-Councel-men and other persons then bearing any Office or Offices of Magistracy or Places or Trusts or other Imployment relating to or concerning the Government of the said respective Cities Corporations and Burroughs and Cinque-ports and their Members and other Port-Towns and for tendring to all such the Oaths of Allegiance and Supremacy and this Oath following I A. B. do declare and believe That it is not lawful upon any pretence whatsoever to take Arms against the King and that I do abhor that Traiterous Position of taking Arms by His Authority against His Person or against those that are Commissioned by Him So help me God And also for subscribing this following Declaration I A. B. do declare That I hold that there lies no Obligation upon me or any other person from the Oath commonly called The Solemn League and Covenant and that the same was in it self an unlawful Oath and imposed upon the Subjects of this Realm against the known Laws and Liberties of the Kingdom EXP. 25. March 1663. as to the Power of the said Commission and Commissioners But None to be chosen any Officer in any Corporation that shall not have taken the Sacrament within a year next before Provided also and Enacted by the Authority aforesaid That from and after the expiration of the said Commissions no person or persons shall for ever hereafter be placed elected or chosen in or to any the Offices or Places aforesaid that shall not have within one year next before such Election or Choice taken the Sacrament of the Lords Supper according to the Rights of the Church of England and that every such person and persons so placed elected or chosen shall likewise take the aforesaid thrée Oaths and subscribe the said Declaration at the same time And shall take the said three Oaths and subscribe the said Declaration when the Oath for the due execution of the said Places and Offices respectively shall be administred And in default hereof every such placing election and choice is hereby Enacted and Declared to be void CAP. II. Vexations and Oppressions by Arrests and of Delayes in Suits of Law prevented WHereas by the Ancient and Fundamental Laws of this Realm The antient fundamental Law in proceeding to arrests upon Suits to express the true cause of Action in the Processe in case where any person is Sued Impleaded or Arrested by any Writ Bill or Process issuing out of any of His Majesties Courts of Records at Westminster in any Common Plea at the Suit of an◠Common person the true cause of Action ought to be set forth and particularly expressed in such Writ Bill or Process whereby the Defendant may have certain knowledge of the cause of the Suit and the Officer who shall execute such Writ Bill or Process may know how to take Security for the Appearance of the Defendant to the same and the sureties for such Appearances may rightly understand for what cause they become engaged And whereas there is a great Complaint of the People of this Realm that for divers years now last past very many of His Majesties good Subjects have béen arrested upon general Writs of Trespass quare clausum fregit Bills of Middlesex Latitat's and other like Writs issued out of the Courts of Kings Bench and Common-Pleas not expressing any particular or certain cause of Action and thereupon kept prisoners for a long time for want of Bail Bonds with Sureties for Appearances having béen demanded in so great sums that few or none have dared to be security for the Appearances of such persons so arrested and imprisoned although in truth there hath béen little or no cause of Action and often times there are no such persons who were named Plaintiffs but those Arrests have béen many times procured by malitious persons to vex and oppress the Defendants or to force from them unreasonable and unjust Compositions for obtaining their Liberty And by such evil practices many men have béen and are daily undone and destroyed in their Estates without possibility of having Reparation The Actors imployed in such practises having béen for the most part poor and lurking persons and their Actings so secret that it hath béen found very difficult to make true discoveries or proof thereof For remedy and prevention of which so great growing evils and mischiefs and also for discouraging all frivolous and uniust Suits and Causeless Arrests for the future Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled and by the Authority of the same That from and after the Twelfth day of February in the year of our Lord Persons arrested by Process out of the Kings Bench or Common Pleas not expressing the cause of Action how to be bailed and set to liberty upon their own Bonds for appearance One thousand six hundred sixty and one no person or persons who shall happen to be arrested by any Sheriff Vnder-sheriff
used by Act of Parliament holden in the said first year of the said late Quéen 2 El. cap. 2. Entituled An Act for the Uniformity of Common Prayer and Service in the Church and Administration of the Sacraments very comfortable to all good people desirous to live in Christian conversation and most profitable to the Estate of this Realm upon the which the Mercy Favour and Blessing of Almighty God is in no wise so readily and plentifully poured as by Common Prayers due using of the Sacraments and often Preaching of the Gospel with Devotion of the Hearers And yet this notwithstanding a great number of people in divers parts of this Realm following their own sensuality and living without knowledg and due fear of God do Wilfully Schismatically abstain and refuse to come to their Parish-Churches and other publick places where Common Prayer Administration of the Sacraments and preaching of the Word of God is used upon the Sundays and other days ordained and appointed to be kept and observed as Holy-days And whereas by the great and scandalous neglect of Ministers in using the said Order or Liturgy so set forth and enjoyned as aforesaid great mischiefs and inconveniences during the times of the late unhappy Troubles have arisen and grown and many people have béen led into Factions and Schisms to the great decay and scandal of the Reformed Religion of the Church of England and to the hazard of many souls For prevention whereof in time to come for setling the Peace of the Church and for allaying the present distempers which the indisposition of the time hath contracted The Kings Declaration and Commission for reviewing the Book of Common Prayer and Alterations to be propounded therein The Kings Majesty according to his Declaration of the Five and twentieth of October One thousand six hundred and sixty granted his Commission under the Great Seal of England to several Bishops and other Divines to review the Book of Common Prayer and to prepare such Alterations and Additions as they thought fit to offer And afterwards the Convocations of both the Provinces of Canterbury and York being by His Majesty called and assembled and now sitting His Majesty hath béen pleased to Authorize and require the Presidents of the said Convocations and other the Bishops and Clergy of the same to re-view the said Book of Common Prayer and the Book of the Form and manner of the Making and Consecrating of Bishops Priests and Deacons And that after mature consideration they should make such Additions and Alterations in the said Books respectively as to them should séem méet and convenient And should exhibit and present the same to his Majesty in writing for his further allowance or confirmation since which time upon full and mature deliberation they the said Presidents Bishops and Clergy of both Provinces have accordingly re-viewed the said Books and have made some Alterations which they think fit to be inserted to the same and some Additional Prayers to the said Book of Common Prayer to be used upon proper and emergent occasions And have exhibited and presented the same unto his Majesty in writing in one Book Entituled The Book of Common Prayer and Administration of the Sacraments and other Rites and Ceremonies of the Church according to the use of the Church of England together with the Psalter or Psalms of David Pointed as they are to be sung or said in Churches and the Form and Manner of Making Ordaining and Consecrating of Bishops Priests and Deacons All which His Majesty having duly considered hath fully approved and allowed the same and recommended to this present Parliament that the said Books of Common Prayer and of the Form of Ordination and Consecration of Bishops Priests and Deacons with the Alterations and Additions which have béen so made and presented to His Majesty by the said Convocations be the Book which shall be appointed to be used by all that Officiate in all Cathedral and Collegiate Churches and Chappels and in all Chappels of Colledges and Halls in both the Vniversities and the Colledges of Eaton and Winchester and in all Parish-Churches and Chappels within the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed and by all that Make or Consecrate Bishops Priests or Deacons in any of the said places under such Sanctions and Penalties as the Houses of Parliament shall think fit Now in regard that nothing conduceth more to the setling of the Peace of this Nation which is desired of all good men nor to the honour of our Religion and the propagation thereof The Peace and Honour of Religion much advanced by Vniform agreement in the Publique Worship of God then an Vniversal argréement in the publique Worship of Almighty God and to the intent that every person within this Realm may certainly know the rule to which he is to conform in Publique Worship and Administrations of Sacraments and other Rites and Ceremonies of the Church of England and the manner how and by whom Bishops Priests and Deacons are and ought to be Made Ordained Consecrated Be it Enacted by the Kings most Excellent Majesty by the Advice and with the Consent of the Lords Spiritual and Temporal and of the Commons in this present Parliament assembled and by the Authority of the same That all and singular Ministers in any Cathedral Collegiate or Parish-Church or Chappel or other place of Publique Worship within this Realm of England Dominion of Wales and Town of Berwick upon Tweed The Book of Common Prayer shall be used shall be bound to say and use the Morning Prayer Evening Prayer Celebration and Administration of both the Sacraments and all other the Publique and Common Prayer in such order and form as is mentioned in the said Book annexed and ioyned to this present Act and Entituled The Book of Common Prayer and Administration of the Sacraments and other Rites and Ceremonies of the Church according to the use of the Church of England together with the Psalter or Psalms of David Pointed as they are to be sung or said in Churches and the form or manner of Making Ordaining and Consecrating of Bishops Priests and Deacons And that the Morning and Evening Prayers therein contained shall upon every Lords Day and upon all other dayes and occasions and at the times therein appointed be openly and solemnly Read by all and every Minister or Curate in every Church Chappel or other place of publique Worship within this Realm of England All Parsons Vicars and Ministers to read and declare their assent to use the same and places aforesaid And to the end that Vniformity in the publique Worship of God which is so much desired may be spéedily effected Be it further Enacted by the Authority aforesaid That every Parson Vicar or other Minister whatsoever who now hath and enjoyeth any Ecclesiastical Benefite or Promotion within this Realm of England or places aforesaid shall in the Church Chappel or place of publique
in Church or State And that the same was in it self an unlawful Oath and Imposed upon the Subjects of this Realm against the known Laws and Liberties of this Kingdome Which said Declaration and Acknowledgment shall be Subscribed by every of the said Masters and other Heads Fellows Chaplains and Tutors of or in any Colledge Hall or House of Learning and by every publick Professor and Reader in either of the Vniversities before the Vice-Chancellor of the respective Vniversities for the time being or his Deputy And the said Declaration or Acknowledgment shall be Subscribed before the respective Archbishop Bishop or Ordinary of the Diocess by every other person hereby enjoyned the same The penalty for not subscribing upon pain that all and every of the persons aforesaid failing in such Subscription shall lose and forfeit such respective Deanry Canonry Prebend Mastership Headship Fellowship Professors place Readers place Parsonage Vicarage Ecclesiastical Dignity or Promotion Curates place Lecture and School and shall be utterly disabled and ipso facto deprived of the same And that every such respective Deanry Canonry Prebend Mastership Headship Fellowship Professors place Readers place Parsonage Vicarage Ecclesiastical Dignity or Promotion Curates place Lecture and School shall be void as if such person so failing were naturally dead And if any School-master or other person Instructing School-Masters in private houses or Teaching Youth in any private House or Family as a Tutor or School-Master shall Instruct or Teach any Youth as a Tutor or School-Master before Licence obtained from his respective Archbishop Bishop or Ordinary of the Diocess according to the Lawes and Statutes of this Realm for which he shall pay twelve-pence only and before such Subscription and Acknowledgment made as aforesaid Then every such School-master and other Instructing and Teaching as aforesaid shall for the first offence suffer thrée months Imprisonment without bail or mainprize and for every second and other such offence shall suffer thrée months Imprisonment without bail or mainprize and also forfeit to his Majesty the sum of Five pounds And after such Subscription made every such Parson Vicar Curate and Lecturer shall procure a Certificate under the Hand and Seal of the respective Archbishop Bishop or Ordinary of the Diocess who are hereby enjoyned and required upon demand to make and deliver the same and shall publickly and openly Read the same together with the Declaration or Acknowledgment aforesaid upon some Lords Day within thrée months then next following in his Parish Church where he is to officiate in the presence of the Congregation there assembled in the time of Divine Service upon pain that every person failing therein shall lose such Parsonage Vicarage or Benefice Curates place or Lecturers place respectively and shall be utterly disabled and ipso facto deprived of the same And that the said Parsonage Vicarage or Benefice Curates place or Lecturers place shall be void as if he was naturally dead Provided alwayes That from and after the Twenty fifth day of March What to be omitted in the Declaration after the 25. March 1682. which shall be in the year of our Lord God One thousand six hundred eighty two there shall be omitted in the said Declaration or Acknowledgment so to be Subscribed and Read these words following Scilicet ANd I do declare That I do hold there lies no Obligation on me or on any other person from the Oath commonly called the Solemn League and Covenant to endeavour any change or alteration of Government either in Church or State and that the same was in it self an unlawful Oath and imposed upon the Subjects of this Realm against the know Laws and Liberties of this Kingdom So as none of the persons aforesaid shall from thenceforth be at all obliged to Subscribe or Read that part of the said Declaration or Acknowledgment Provided alwayes and be it Enacted That from and after the Feast of St. Bartholomew Persons not Ordained Priests or Deacons according to Episcopal Ordination shall not hold any Ecclesiastical Promotion which shall be in the year of our Lord One thousand six hundred sixty and two no person who now is Incumbent and in possession of any Parsonage Vicarage or Benefice and who is not already in Holy Orders by Episcopal Ordination or shall not before the said Feast-day of St. Bartholomew be Ordained Priest or Deacon according to the form of Episcopal Ordination shall have hold or enjoy the said Parsonage Vicarage Benefice with Cure or other Ecclesiastical Promotion within this Kingdom of England or the Dominion of Wales or Town of Berwick upon Tweed But shall be utterly disabled and ipso facto deprived of the same And all his Ecclesiastical Promotions shall be void as if he was naturally dead Nor shall consecrate or administer the Holy Sacrament if not Ordained according to the Book of Common Prayer And be it further Enacted by the Authority aforesaid That no person whatsoever shall thenceforth be capable to be admitted to any Parsonage Vicarage Benefice or other Ecclesiastical Promotion or Dignity whatsoever nor shall presume to Consecrate and Administer the holy Sacrament of the Lords Supper before such time as he shall be Ordained Priest according to the form and manner in and by the said Book prescribed unless he have formerly béen made Priest by Episcopal Ordination upon pain to forfeit for every offence the sum of One hundred pounds The Penalty One moyety thereof to the Kings Majestie the other moyety thereof to be equally divided betwéen the poor of the Parish where the offence shall be committed and such person or persons as shall sue for the same by Action of Debt Bill Plaint or Information in any of His Majesties Courts of Record wherein no Essoign Protection or Wager of Law shall be allowed And to be disabled from taking or being admitted into the Order of Priest by the space of one whole year then next following Provided That the penalties in this Act shall not extend to the Forreiners or Aliens of the Forrein Reformed Churches allowed or to be allowed by the Kings Majesty his Heirs and Successors in England Provided alwayes That no title to confer or present by lapse shall accrue by any avoidance or deprivation ipso facto by vertue of this Statute but after six months after notice of such voidance or deprivation given by the Ordinary to the Patron or such sentence of deprivation openly and publickly Read in the Parish Church of the Benefice Parsonage or Vicarage becoming void or whereof the Incumbent shall be deprived by vertue of this Act. No other form of Common Prayer to be openly used in any Church or publique place And be it further Enacted by the Authority aforesaid That no Form or Order of Common Prayers Administration of Sacraments Rites or Ceremonies shall be openly used in any Church Chappel or other publick place of or in any Colledg or Hall in either of the Vniversities the Colledges of
charged upon those Commodities by or under the name of Subsidy or Poundage And in case of Exportation there shall be repaid and allowed to the English-man Exporter the sum of Thrée pounds Ten shillings per Tun and to the Alien Four pounds Fiftéen shillings per Tun to be repaid according to the Rules of the Book of Rates now established And whereas the Ingenious Industry of these times hath taught the Dyers of England the Art of fixing the Colours made of Logwood Logwood or Blockwood alias Blockwood so as that by experience they are found as lasting and serviceable as the Colours made with any other sort of Dying-wood whatsoever 23 El. cap. 9. And whereas by a Statute made in the thrée and twentieth year of the Reign of Quéen Elizabeth of famous Memory Entituled Logwood and Blockwood shall not be used in Dying of Cloth 39 El. cap. 11. c. And by another Statute made in the Nine and thirtieth year of the aforesaid Quéen Elizabeth Entituled The Penalty for mixing or using of Logwood in Dying Cloth or other Stuff all Logwood alias Blockwood that shall be found within this Kingdom shall be forfeited and openly burned with divers other Pains Penalties and Forfeitures upon such as shall use the same in Dying-Cloth or other Commodities as by the said several Acts aforesaid may and doth appear Be it further Enacted by the Authority aforesaid That the aforesaid Statutes and either of them be and are hereby Repealed and made void as to all Clauses Articles Provisions and Penalties in any wise relating to the prohibition or use of Logwood alias Blockwood And that from and after the first day of February One thousand six hundred sixty and one It shall and may be lawful to and for any person or persons freely to import into this Kingdom of England Dominion of Wales and Town and Port of Berwick upon Tweed any quantities of Logwood alias Blockwood and fréely to use the same in Dying or Colouring any sort of Goods or Manufacture whatsoever the aforesaid two Statutes or any other Law Statute Vsage Custom Patent of priviledge Proclamation or other Restraint Matter or Thing to the contrary thereof in any wise notwithstanding Imposition upon Logwood imported 12 Car. 2. cap. 18. Provided That such Importation be according to the Rules prescribed and enjoyned in the late Act Entituled An Act for encouraging and encreasing of Shipping and Navigation and paying a Subsidy to the Kings Majesty His Heirs and Successors for every Tun of the said Logwood alias Blockwood so to be Imported after the rate of Five pounds and after that rate for any greater or lesser quantity according to such Rules and under such Penalties as are provided for all other Imported Goods in a late Act Entituled An Act of Subsidy granted to the King of Tunnage and Poundage 12 Car. 2. ca. 4. and other Sums of Money payable upon Merchandize Exported and Imported Excepting onely that for all of the said Commodities Exported according to the Rules of the Book of Rates there shall be repaid to the Exporter the Sum of Four pounds per Tun the said Rate for Logwood alias Blockwood to be Collected and Levied for such time and in such manner as by the Act of Tunnage and Poundage is directed and appointed And be it further Enacted That all Actions Suits and Informations to be had and commenced upon the Act For incouraging and increasing of Shipping and Navigation or any Clause or Article therein may be entred and prosecuted in his Majesties Court of Exchequer at Westminster That upon all such Suits and Informations to be brought upon the Act of Tunnage and Poundage and the Act aforesaid or any other Act or Statute concerning the Importation of Goods or Merchandize from the parts beyond the Seas Onus probandi of property of goods claimed to lie upon the Owner or Claimer if the property thereof be claimed by any person or persons as the Importer thereof in such case Onus Probandi shall lie upon the Owner or Claimer thereof Provided that in case the seizure or Information shall be made upon any Clause or Thing contained in the late Act Entituled An Act for the incouraging and increasing of Shipping and Navigation Commission and time to examine witnesses beyond the Sea that then the Defendant or Defendants shall on his or their request have a Commission out of the High Court of Chancery to examine Witnesses beyond the Seas and have a competent time allowed for the return thereof before any tryal shall be had upon the Case according to the distance of place where such Commission or Commissions are to be executed and that the Examination of Witnesses so returned shall be admitted for evidence in Law at the Tryal as if it had béen given Viva voce by the Examinate in Court Any Law Statute or Vsage to the contrary in any wise notwithstanding And be it also Enacted and Ordained by the Authority aforesaid In what cases Writs of delivery may be granted That no Writ of Delivery shall be granted out of the Court of Exchequer for Goods Seized but upon good Security and that for Goods perishable onely or in cases where the Informer shall deferor delay his coming to as spéedy a Tryal as the Course of that Court will permit and shall be thereby Ordered and Directed And be it further Enacted by the Authority aforesaid That one Moyety of all the Forfeitures before in this Act mentioned and appointed shall be to the Kings Majesty his Heirs and Successors and the other Moyety to such person or persons as shall Seize or Sue for the same by Bill Plaint or Information in his Majesties Court of Exchequer or any other his Majesties Courts of Record wherein no Essoin Protection or Wager of Law shall be allowed And be it further Enacted and Ordained That all Officers belonging to the Admiralty All Officers and persons to be aiding the Officers and persons for management of the Customs Captains and Commanders of Ships Forts Castles and Block-houses as also all Iustices of the Peace Mayors Sheriffs Bailiffs Constables and Headboroughs and all the Kings Majesties Officers Ministers and Subjects whatsoever whom it may concern shall be aiding and assisting to all and every person and persons which are or shall be appointed by his Majesty to manage his Customes and the Officers of his Majesties Customes and their Respective Deputies in the due Execution of all and every Act and Thing in and by this present Act required and enjoyned And all such who shall be aiding and assisting unto them in the due execution hereof shall be defended and saved harmless by vertue of this Act. And be it hereby also Enacted That all Deputies Clerks and Servants about the Customs to be sworn for their truth and faithfulness therein Clerks and Servants which now have any place or Office in or about the Customs and Subsidies by and under the Commissioners
Enacted That all and every person and persons which since the five and twentieth day of March One thousand six hundred sixty and two have acted or done any thing in the dismantling of any Cities or Towns or demolishing of Walls and Fortifications thereof or relating thereunto shall be and are hereby indempnified and saved harmless And whereas some doubt hath arisen upon the said Act what Estates shall be charged with or toward Foot Be it therefore Enacted and Declared by the Authority aforesaid How persons may be charged with arms and for what estates That no person who hath an Estate of the yearly value of two hundred pounds or personal Estate of the value of two thousand four hundred pounds chargeable by the said Act shall be charged with or toward the finding any Foot and it shall be lawful for the respective Lieutenants and Deputies or any three or more of them to charge according to the proportions in the said Act any person who hath an Estate of the yearly value of one hundred pounds and under the yearly value of two hundred pounds or who hath a personal Estate of twelve hundred pounds and under the value of two thousand four hundred pounds chargeable by the said Act with or towards the finding of Foot or toward the finding of Horse as to their judgment shall séem most expedient for his Majesties Service Yet nevertheless this shall not be construed to extend to make any alterations in the provisions in the said or this Act concerning the Forces to be charged or raised in Cities Corporations and Port-Towns Provided always and be it Enacted by the Authority aforesaid That the Lord Warden of the Cinque-Ports to antient Towns and their Members and in his absence The Cinque-Ports his Lieutenant or Lieutenants shall and may put in execution within the said Ports Towns and Members all the Powers and Authorities given and granted by this and the said former Act and to execute and perform all and every the things therein contained in the like manner as the respective Lieutenants of the Counties and their Deputies may do and may kéep up and continue the usual numbers of Souldiers in the said Ports Towns and Members unless they find cause to lessen the same And that the Inhabitants of the said Ports Towns and Members being in regard of their scituation on the Sea-coasts charged with a greater proportion of Arms and Armed men then other parts of the Kingdom shall not be charged with Arms or Armed men in the Counties adjacent for their Estates there lying save only for such proportion as they are lyable unto and either are not or shall not be charged with within the said Ports Towns and Members Any thing in this Act contained to the contrary in any wise notwithstanding St. Martins Parish in Stamford Baron in Lincolnshire Provided always and be it Enacted by the Authority aforesaid That the Inhabitants and Revenues of or in the Parish of Saint Martin called Stamford Baron in the Suburbs of the Borough and Town of Stamford on the South-side of the Waters there called Welland may be Assessed and Charged to find and serve in the Trained Bands of the County of Lincoln as formerly according to the said mentioned Act and this present Act by the Lieutenant and Deputy-Lieutenants for the County of Lincoln for the time being in such manner as any persons or estates within the said County of Lincoln may be by them assessed and charged to the purposes aforesaid And they of Saint Martin aforesaid are hereby declared to be well and legally assessed and charged by the said Lieutenant and Deputy-Lieutenants respectively CAP. V. For Regulating Select Vestries FOr prevention of the evils which may arise from Vestry-men not Conforming to the Government and Discipline of the Church of England as it now is by Law established Be it Enacted by the Kings most Excellent Majesty by the Advice and with the Consent of the Lords Spiritual and Temporal and of the Commons in this present Parliament Assembled That all and every person who now is a Vestry-man or member of any Vestry within any Parish in the Cities of London and Westminster Borough of Southwark and wéekly Bills of Mortality and in all other Cities Boroughs and Towns Corporate where Select Vestries are used in the Kingdom of England All Vestry-men shall take and subscribe the Declaration in 14 Car. 2. c. 4. on or before the Nine and twentieth day of September next And all and every person who at any time hereafter shall be elected to be a Vestry-man or member of any Vestry within any Parish in any the places aforesaid within one moneth after such his Election shall before the respective Archbishop Bishop or Ordinary Vicar-General or Chancellor of the Diocess make and subscribe the Declaration and Acknowledgment enjoyned in the late wholsom good Act Entituled An Act for the Uniformity of Publick Prayers and Administration of Sacraments and other Rites and Ceremonies and for establishing the Form of Making Ordaining and Consecrating Bishops Priests and Deacons in the Church of England in these words following I A. B. Do declare That it is not lawful upon any pretence whatsoever to take up Arms against the King and that I do abhor that Traiterous Position of taking Arms by His Authority against His Person or against those that are Commissionated by him And that I will conform to the Liturgy of the Church of England as it is now by Law established And I do declare That I do hold there lies no Obligation upon me or on any other person from the Oath commonly called The Solemn League and Covenant to endeavour any change or alteration of Government either in Church or State And that the same was in it self an unlawful Oath and Imposed upon the Subjects of this Realm against the known Laws and Liberties of this Kingdome The penalty And that all and every such person who shall neglect or refuse to do the same within the respective times aforesaid shall ipso facto be deprived of such his place of Vestry-man and of being a Member of such Vestry to all intents and purposes And such place shall be actually void as if such person were naturally dead Any Vsage or Custom to the contrary notwithstanding And that from and after such neglect or refusal it shall be lawful for all persons who shall have right of Election or nomination of such Vestry-man or member of such Vestry to procéed to election or nomination of some other discréet person of the respective Parish in the room of such person so neglecting or refusing as aforesaid And if such person so to be elected in the room of such person so neglecting or refusing as aforesaid shall also neglect or refuse to make and subscribe the said Declaration and Acknowledgment in manner and time aforesaid whereby such place shall again become void or if such persons who shall have right of Election or nomination
Ordnance shall make without Fée Charge or Delay And that all Orders for repayment of money lent shall be registred in course according to the Date of the Tallies respectively And that all Orders signed by the Lord Treasurer and Vnder-Treasurer of the Exchequer for payment of money for Goods Wares Victuals and other necessaries furnished to Your Majesty Your Officers Master or Commissioners aforesaid shall be registred in course according to the time of bringing to the Office of the Auditor of the Receipt the Certificates above mentioned And that all Orders so signed for payments directed by his Majesty shall be entred in course according to their respective Dates and none of the sorts of Orders above mentioned either for Loans of Moneys Supplies of Wares Goods Victuals or Necessaries or by special direction shall have preference one before another but shall all be entred in their course according to the Dates of the Tallies the times of bringing the Certificates and the Dates of the Orders for payments directed by his Majesty as they are in point of time respectively before each other And that all and every person and persons shall be paid in course according as their Orders shall stand entred in the said Register-Book be it Orders for payments directed by his Majesty or for Moneys lent or for Wares Commodities or other Necessaries furnished as aforesaid so as that person his Executors Administrators and Assigns who shall have his Warrant or Order Warrants or Orders first entred in the said Book of Registry shall be taken and accounted as the first person to be paid upon the moneys to come in by vertue of this Act and he or they that shall have his or their Warrants or Orders Warrant or Order next entred shall be taken and accounted the second person to be paid and so successively and in course And that the moneys to come in by this Act shall be in the same order liable to the satisfaction of the said respective parties their Executors Administrators or Assigns successively without preference of one before another and not otherwise And that no Fée Reward or Gratuity directly or indirectly be demanded or taken of any of Your Majesties Subjects for providing or making of such Books Registers Entries View Search Certificate in or for payment of money Lent or the Interest thereof or for payment of any money upon any Order upon any Contract for Wares and Goods furnished to the Vse of Your Majesties Navy and Ordnance as aforesaid by any of Your Majesties Officer or Officers their Deputies or Clerks on pain of payment of treble Damages to the party grieved by the party offending with costs of Suit And if the Officer himself take or demand any such Fée or Reward then to lose his place also And if any undue preference of one before another shall be made either in point of Registring contrary to the true meaning of this Act by any such Officer or Officers then the party offending shall be liable by Action of Debt or on the Case to pay the value of the Debt Damages and Costs to the party grieved And shall be forejudged from his Place or Office And if such preference be unduly made by any his Deputy or Clerk without Direction or Privity of his Master then such Deputy or Clerk only shall be liable to such Action Debt Damages and Costs And shall for ever after be incapable of the same And in case the Auditor shall not direct the Order or the Clerk of the Pells Record or the Teller make payment according to each persons due place and order as afore directed then he or they shall be judged to forfeit and their respective Deputies and Clerks herein offending be liable to such Action Debt Damages and Costs in such manner as aforesaid Provided always And it is hereby Declared That if it happen that several Tallies of Loan or Certificates for Wares Delivered or Orders for Payments from his Majesty as aforesaid bear Date or be brought the same day to the Auditor of the Exchequer to be Registred Then it shall be interpreted no undue preference which of these he enters so he enter them all the same day Provided also That it shall not be interpreted any undue preference to incur any penalty in point of payment if the Auditor direct and the Clerk of the Pells Record and the Teller do pay subsequent Orders of persons that come to demand their money and bring their Orders before other persons that did not come to demand their money and bring their Order in their course so as there be so much money reserved as will satisfie their Orders which shall not be otherwise disposed but kept for them Interest upon Loan being to cease from the time the money is so reserved and kept in Bank for them And be it further Enacted by the Authority aforesaid That every person or persons to whom any money shall be due by vertue of this Act after Warrant or Order entred for payment thereof his Executors Administrators or Assigns by Indorsement of his Order or Warrant may assign and transfer his Interest and Benefit of such Warrant to any other which being notified and an Entry and Memorial thereof also made in the said Registry for Warrants which the Officers shall on request without Fées or charge accordingly make shall Intitle such Assignée his Executors Administrators and Assigns to the Benefit thereof and payment thereon And such Assignée may in like manner assign again and so toties quoties and afterwards it shall not be in the power of such person or persons who have made such Assignments to make void release or discharge the same or the moneys thereby due or any part thereof And in case any person or persons be willing to advance the Tax they themselves are to pay or the Tax of any Tything Hundred Parish Division or County for six moneths or more unto the Receiver-General of that Place or County The said Receiver-General is hereby authorized to receive the same and to make deduction of so much for Interest after the Rate of six per Centum per annum as the Advance amounts unto and the Receivers acquittance shall be a sufficient Discharge for the same which money so advanced shall be accounted for and paid into the Exchequer by it self Quarterly CAP. II. Non-Conformists restrained from Inhabiting in Corporations WHereas divers Parsons Vicars Curates Lecturers and other persons in Holy Orders have not declared their unfeigned assent and consent to the use of all things contained and prescribed in the Book of Common Prayer and Administration of the Sacraments and other Rites and Ceremonies of the Church according to the use of the Church of England or have not subscribed the Declaration or acknowledgment contained in a certain Act of Parliament made in the Fourtéenth year of His Majesties Reign and Intituled An Act for the Uniformity of Publick Prayers and Administration of Sacraments and other Rites and Ceremonies and
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
Patents Indentures or other Writings under his great Seal of England or Seal of the Court of Exchequer of any Manors Lands Tenements or Hereditaments parcel of the possessions of the said Dutchy of Cornwall or annexed to the same shall be good and effectual in Law according to the purport and content of the said Leases against our said Soveraign Lord the Kings Maiesty his Heirs and Successors and against all and every person or persons that shall hereafter have inherit or enjoy the said Dukedom of Cornwall by force of any Act of Parliament or other limitation whatsoever Except they be made for above 3â— years or 3 lives c. Provided alwayes That every such Lease so to be made of any Manors Lands Tenements or Hereditaments in possession shall be made but for thrée Lives or fewer or for one and thirty years or under or some other tearm of years determinable upon one two or thrée lives and not above And if such Leases be made in reversion That then the same together with the Estates in possession do not excéed thrée Lives or the terme of one and thirty years and not in any wise dispunishable of waste The ancient Rent to be reserved and if none anciently a reasonable Rent And so as upon every such Lease shall be reserved the ancient or most usual rent or such rent as hath béen yielded or payed for the greater part of twenty years next before the making of the said Leases and shall be reserved due and payable by or to him or her that shall have the Inheritance or other Estate of the said Manors Lands Tenements or Hereditaments And where no such rent hath béen reserved or payable that then upon every such Lease there shall be reserved a reasonable rent not being under the twentieth part of the clear yearly value of the Manors Lands Tenements or Hereditaments contained in such Lease All covenants c. contained in such Leases shall be good And be it further Ordained and Enacted by Authority of this present Parliament That all Covenants Conditions and Reservations and other Agréements contained in every Lease so to be made as aforesaid shall be good and effectual in Law according to the words and contents of the same as well for and against them to whom the reversion of the same Manors Lands Tenements or Hereditaments shall come as for and against them to whom the said Leases shall come respectively As if our said Soveraign Lord the Kings Majesty at the time of the making of such Covenants Conditions and Reservations and other Agréements were seized of an absolute and indefeizible Estate in Fée-simple in the same Manors Lands Tenements or Hereditaments Saving always to all and every person and persons The right of others saved bodies Politick and Corporate their heirs and successors executors administrators and assigns other then our said Soveraign Lord the Kings Majestie and his Heirs and all and every person and persons that shall hereafter have inherit or enjoy the said Dukedom of Cornwall by force of any Act of Parliament or other limitation whatsoever all such rights titles estates customs interests terms claims and demands whatsoever of what kind nature or quality soever of in to or out of the said Manors Lands Tenements or Hereditaments or any of them as they or any of them had or ought to have had before the making of this Act to all intents and purposes and in as large and ample manner and form as if this Act had never béen had or made This Act or any thing therein contained to the contrary notwithstanding CHAP. III. An Act for the Ease in obtaining of Licenses of Alienation and in the Pleading of Alienations with Licence or of Pardons of Alienations without Licence in the Court of Exchequer or elsewhere Stat. 12. Car. 2. cap. 24. All Fines Seizures and Pardons for Alienations and all incidents thereunto are taken away and discharged CHAP. IV. Forreigners as well as Inhabitants shall not be permitted to tipple in Inns Ale-houses c. 21 Jac. 5. WHereas in the last Parliament it was Enacted That if any person or persons whatsoever his or their haâ—itation or abiding be should after be found upon view or his own confession or proof of one witness to be tippling in any Inn Ale-house or Victualling-house 1 Jac. 5. 4 Jac. 5. such person or persons should be thenceforth adjudged and construed to be within the Statutes of the first and fourth years of the late Kings Majesties reign King James of famous memory The one intituled An Act to restrain the inordinate haunting of tippling in Inns Ale-houses and other Victualling-houses And the other intituled An Act to repress the odious and loathsom sin of Drunkenness as if he or they had inhabited and dwelled in the City Town Corporate Market town Village or Hamlet where the Inn Alehouse or Victualling-house was or should be where he or they should be so found tippling should incur the like penalty and the same to be in such sort levied and disposed as in the said Act is expressed concerning such as there inhabit but no punishment by any or either the said Acts or by any other Statute is inflicted upon the Inn-kéeper Alehouse-kéeper or Victualler that permits or suffers such person or persons not there inhabiting to tipple in his Inn Ale-house or Victualling-house The Inn-keeper c. that permits a forreigner to tipple in his house shall â—â—eâ—r the penalty provided by 2 Jac. â— For remedy whereof Be it Enacted That every Inn-kéeper Alehouse-kéeper and other Victualler that at any time after the end of this Session of Parliament shall permit and suffer any person or persons not inhabiting in the City Town Corporate Market town Village or Hamlet where such Inn Alehouse or Victualling-house is or shall be to tipple in the said Inn Alehouse or Victualling-house contrary to the true intent of any or either of the said former Statutes the said Inn-kéeper Alehouse-kéeper and Victualler so offending shall incur the same penalty and in such manner to be proved levied and disposed as in the former Statute of the first year of his said late Majesties reign is appointed for permitting such to tipple as dwell in the same City Town corporate Market town Village or Hamlet And be it further enacted That the kéepers of Taverns Vintners and Victuallers to be within this and the other Statutes and such as do sell Wine in their houses and do also kéep Inns or Victualling in their houses shall be taken to be within the said two former Statutes and also within this Statute CAP. V. Three entire Subsidies granted by the Spiritualty EXP. CAP. VI. Two entire Subsidies granted by the Temporalty EXP. CAP. VII This Session of Parliament by reason of the encrease of the Sickness and other inconveniencies of the season requiring a speedy Adjournment nevertheless shall not determine by his Majesties Royal assent to this and some other Acts. EXP. ANd
all Statutes and Acts of Parliament Acts that are to have continuance shall remain in foâ—ce which are to have continuance unto the end of this present Session shall be of full force after the said Adjournment until this present Session be fully ended and determined And if this Session shall determine by dissolution of this present Parliament then all the Acts aforesaid shall be continued until the end of the first Session of the next Parliament And all Statutes and Acts of Parliament When the Acts which are now to pass shall take effect which before the said Adjournment shall pass by his Majesties royal Assent shall be put in execution immediately after forty dayes after the said Adjournment notwithstanding that by the words or letter of the said Acts or any of them they be limited to take effect or be put in execution from or at any time after the end of this present Session Anno Reg. Caroli Regis Angliae Scotiae Franciae Hiberniae Tertio AT the Parliament began at Westminster the Seventeenth day of March Anno Dom. 1627. in the Third year of the Reign of our most gracious Soveraign Lord CHARLES by the grace of God of England Scotland France and Ireland King Defender of the Faith c. And there continued until the Twenty sixth day of June following and then prorogued unto the twentieth day of October next ensuing To the high pleasure of Almighty God and to the weal publick of this Realm were enacted as followeth A Declaration of divers Rights and Liberties of the People to the Kings most Excellent Majesty HVmbly shew unto our Soveraign Lord the King the Lords Spiritual and Temporal The Petition of Right and Commons in Parliament assembled That whereas it is declared and Enacted by a Statute made in the time of the Reign of King Edward the First 34 Ed. 1. commonly called Statutum de Tallagio non concedendo That no Tallage or Aid shall be laid or levied by the King or his Heirs in this Realm without the good will and assent of the Archbishops Bishops Earls Barons Knights Burgesses and other the Fréemen of the Commonalty of this Realm And by Authority of Parliament holden in the five and twentieth year of the reign of King Edward the third 25 Ed. 3. Rot. Parl. it is declared and Enacted That from thenceforth no person should be compelled to make any Loans to the King against his will because such Loans were against reason and the Franchise of the Land 1 Ed. 3. 6. 11 R. 2. 9. 1 R. 3. 2. And by other Laws of this Realm it is provided That none should be charged by any Charge or Imposition called a Benevolence nor by such like charge By which the Statutes before mentioned and other the good Laws and Statutes of this Realm your Subjects have inherited this Fréedom That they should not be compelled to contribute to any Tax Tallage Aid or other like charge not set by common consent in Parliament Yet nevertheless of late divers Commissions directed to sundry Commissioners in several Counties with instructions have issued by means whereof your People have béen in divers places assembled and required to lend certain sums of Money unto your Majesty and many of them upon their refusal so to do have had an Oath administred unto them not warrantable by the Laws or Statutes of this Realm and have béen constrained to become bound to make Appearance and give Attendance before your Privy Councel and in other places and others of them have béen therefore imprisoned confined and sundry other ways molested and disquieted And divers other Charges have béen laid and levied upon your People in several Counties by Lord-Lievetenants Deputy-Lievetenants Commissioners for Musters Iustices of Peace and others by command or direction from your Majesty or your Privy Councel against the Laws and frée Customs of this Realm 9. H. 3. 29. And where also by the Statute called The great Charter of the Liberties of England It is declared and Enacted That no Fréeman may be taken or imprisoned or be disseised of his Fréehold or Liberties or his frée Customs or be outlawed or exiled or in any manner destroyed but by the lawful judgement of his Péers or by the Law of the Land 28. Ed. 3. 3. And in the eight and twentieth year of the reign of King Edward the third it was declared and Enacted by Authority of Parliament That no man of what estate or condition that he be should be put out of his Land or Tenements nor taken nor imprisoned nor disherited nor put to death without being brought to answer by due process of Law St. 37. Ed. 3. 18. St. 38 Ed. 3 9. St. 42 Ed. 3. 3. St. 17. R. 2. 6. Nevertheless against the tenor of the said Statutes and other the good Laws and Statutes of your Realm to that end provided divers of your Subjects have of late béen imprisoned without any cause shewed And when for their deliverance they were brought before your Iustices by your Majesties Writs of Habeas corpus there to undergo and receive as the Court should order and their Kéepers commanded to certifie the causes of their detainer no cause was certified but that they were detained by your Majesties special command signified by the Lords of your Privy Councel and yet were returned back to several Prisons without being charged with any thing to which they might make answer according to the Law 25. Ed. 3. 9. And whereas of late great Companies of Souldiers and Mariners have béen dispersed into divers Counties of the Realm and the Inhabitants against their wills have béen compelled to receive them into their houses and there to suffer them to sojourn against the Laws and Customs of this Realm and to the great grievance and vexation of the People 25. Ed. 3. 9. And whereas also by Authority of Parliament in the five and twentieth year of the raign of King Edward the third it is declared and Enacted That no man should be fore-judged of life or limb against the form of the Great Charter and Law of the Land 9. H. 3. 28. 25. Ed 3. 4. 28. Ed. 3. 3 And by the said Great Charter and other the Laws and Statutes of this your Realm no man ought to be adjudged to death but by the Laws established in this your Realm either by the Customs of the same Realm or by Acts of Parliament And whereas no offendor of what kinde soever is exempted from the procéedings to be used and punishments to be inflicted by the Laws and Statutes of this your Realm Nevertheless of late divers Commissions under your Majesties great Seal have issued forth by which certain persons have béen assigned and appointed Commissioners with power and authority to procéed within the Land according to the Iustice of Martial Law against such Souldiers and Mariners or other dissolute persons joyning with them as should commit any Murther Robbery Felony Mutiny
This Act to continue to the end of the first Session of the next Parliament St. 1 Car. 1. Continued and made perpetual 17 Car. cap. 4. CAP. II. A restraint of passage or sending any person beyond the Seas to be Popishly bred FOrasmuch as divers ill affected persons to the true Religion established within this Realm have sent their children into foreign parts to be bred up in Popery 1. Jac. 4. He that goes himself or sends any other beyond the seas to be trained up in Popery c. shall be disabled to sue c. and shall lose all his goods and shal forfeit all his lands c. for life Stat. 27 El. 2. Stat. 3 Jac. 5. notwithstanding the restraint thereof by the Statute made in the first year of the reign of our late Soveraign Lord King James of famous memory Be it Enacted That the said Statute shall be put in due execution And be it further Enacted by the Kings most excellent Majesty and the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same That in case any person or persons under the obedience of the King his heirs and Successors at any time after the end of this Session of Parliament shall pass or go or shall convey or send or cause to be sent or conveyed any Childe or other person out of any of the Kings Dominions into any the parts beyond Seas out of the Kings obedience to the intent and purpose to enter into or be resident or trained up in any Priory Abbey Nunnery Popish Vniversity Colledge or School or House of Iesuits Priests or in any private Popish Family and shall be there by any Iesuite Seminary Priest Friar Monk or other Popish person instructed perswaded or strengthned in the Popish Religion in any sort to profess the same or shall convey or send or cause to be conveyed or sent by the hands or means of any person whatsoever any sum or sums of Money or other thing for or towards the maintenance of any Childe or other person already gone or sent or to go or to be sent and trained and instructed as is aforsaid or under the name or colour of any Charity Benevolence or Alms towards the relief of any Priory Abbey Nunnery Colledge School or any Religious House whatsoever Every person so sending conveying or causing to be sent and conveyed as well any such Childe or other person as any sum or sums of Money or other thing and every person passing or being sent beyond the Seas being thereof lawfully convicted in or upon any Information presentment or Indictment as is aforesaid shall be disabled from thenceforth to sue or use any Action Bill Plaint or Information in course of Law or to prosecute any Suit in any Court of Equity or to be Committée of any Ward or Executor or Administrator to any person or capable of any Legacy or Déed or Gift or to bear any Office within the Realm and shall lose and forfeit all his Goods and Chattels and shall forfeit all his Lands Tenements and Hereditaments Rents Annuities Offices and Estates of Fréehold for and during his natural life A convert shall not incur the penalties aforesaid Stat. 27. El. 2. Provided always That no person sent or conveyed as aforesaid that shall within six moneths after his return into this Realm conform himself unto the present Religion established in this Church of England and receive the Sacrament of the Lords Supper according to the Statutes made concerning Conformity in other cases required from Popish Recusants shall incur any the penalties aforesaid And it is enacted That all and every of the Offences against this Statute may be inquired heard and determined before the Iustices of the Kings-Bench or Iustices of Assise or Gaol-delivery or of Oyer and Terminer of such Counties where the Offendors did last dwell or abide or whence they departed out of this Kingdom or where they were taken Provided also That if any person or Childe so passing or sent or now being beyond the Seas shall after his return into this Realm conform himself to the present Religion established in this Church of England and receive the Sacrament of the Lords Supper according to the Statutes made for or concerning Conformity in other cases required from Popish Recusants for and during such time as he or she shall so continue in such Conformity and obedience according to the true intent and meaning of the said Laws and Statutes shall have his or her Lands restored to them again CAP. III. The Forfeiture and Punishment of him that keeps an Alehouse without License VVHereas by an Act made in the fifth year of the reign of King Edward the sixth of famous memory intituled an Act for kéepers of Alehouses to be bound by Recognizance amongst other things ◠6. Ed. 6. 25 it is enacted That if any person or persons other then such as should be from thenceforth admitted and allowed by the Iustices mentioned in the said Act should after the day in the said Act limited obstinately and upon his own authority take upon him or them to kéep a common Alehouse or Tippling-house or should contrary to the commandment of the said Iustices or two of them use commonly selling of Ale or Béer That then the said Iustices of Peace or two of them whereof one to be of the Quorum should for every such offence commit every such person or persons so offending to the Common Gaol within the same Shire City Borough Town corporate Franchise or Liberty there to remain without bayl or mainprise by the space of thrée days And before his or their deliverance the said Iustices shall take recognizance of him or them so committed with two Sureties that he or they should not kéep any common Alehouse Tippling-house or use commonly selling of Ale or Béer as by the discretion of the said Iustices should séem convenient And the said Iustices should make Certificate of every such Recognizance and Offence at the next Quarter Sessions that should be holden within the same Shire City Borough Town corporate Franchise or Liberty where the same should be committed or done which Certificate should be a sufficient Conviction in Law of the same Offence And the said Iustices of Peace upon the said Certificate made should in open Sessions assess the Fine for every such Offence at twenty shillings as by the said Act may appear Which Law hath not wrought such Reformation as was intended for that the said Fine of twenty shillings is seldom levied and for that many of the said Offendors by reason of their poverty are neither able to pay the said Fine of twenty shillings nor yet to bear their own Charges of conveying them to the Gaol And moreover do leave a great charge of Wife and Children upon the Parishes wherein they live In regard whereof the Constables and other Officers are much discouraged in presenting them and the Offendors become
other intituled an Act for the bringing in of Clapboard from the parts beyond the Seas 35 El. 11. and the restraining of the transporting of wine Casks for the sparing and preserving of Timber within the Realm And so much of one Act made in the five and thirtieth year of the Reign of the said late Quéen Elizabeth intituled an Act to retain the Quéens Majesties Subjects in their due obedience 35 El. 2. as hath not béen since repealed by any other Statute And the several Acts hereafter mentioned 39 El. 4. made in the nine and thirtieth year of the Reign of the late Quéen Elizabeth that is to say an Act intituled an Act for the punishment of Rogues Vagabonds and sturdy Beggars with the provision annexed thereunto 2 Jac. 25. 39 El. 10. by one Act made in the first year of the reign of the late King James intituled an Act for continuing and reviving of divers Statutes and for repealing of some others An Act intituled St. 23 El. 7. 39 El. 14. an Act for the increase of Mariners and for maintenance of Navigation repealing a former Act made in the thrée and twentieth year of her said Majesties Reign bearing the same title an Act intituled an Act prohibiting the bringing into the Realm of forreign Cards for Wool an Act intituled St. 23 El. 7. 39 El. 14. 39 El. 16. 39 El. 17. 43 El. 3. 43 El. 5. 43 El. 2. 1 Jac. 25 an Act for restraining the excessive making of Mault an Act against lewd and wandring persons pretending to be Souldiers or Mariners And the several Acts hereafter mentioned made in the thrée and fortieth year of the said late Quéen Elizabeth that is to say an Act intituled an Act for the necessary relief of Souldiers and Mariners an Act intituled an Act to avoid trifling and frivolous Suits in Law in her Majesties Courts at Westminster an Act intituled An Act for relief of the Poor with the addition thereunto made by an Act made in the first year of the reign of the late King James intituled an Act for continuing of divers Statutes and for repeal of some others and with this further addition And be it Enacted The Overseers of â—oâ— Poor may put out Apprentices The Church-wardens c. may set up any Trade to â—â—nâ— the poor work 43 El. 10. 43 El. 5. 1 Jac. 7. St. 39 El. 4. 1 Jac. 8. 1 Jac. 22. That all persons to whom the Overséers of the Poor shall according to the said Act binde any children Apprentices may take and receive and kéep them as Apprentices And also that the Churchwardens and Overséers of the Poor mentioned in the said Act made in the said thrée and fortieth year may by and with the consent of two or more Iustices of the Peace whereof one to be of the Quorum within their respective limits wherein shall be more Iustices than one and where no more shall be than one with the assent of that one Iustice of the Peace set up use and occupy any Trade Mystery or Occupation only for the setting on work and better relief of the Poor of the Parish Town or Place of or within which they shall be Church-wardens or Overséers of the Poor any former Statute to the contrary notwithstanding An Act intituled an Act for the true making and working of Woollen Cloth an Act intituled an Act to prevent Perjury and subornation of Perjury and unnecessary expence in Suits of Law And the several Acts made in the first year of the reign of the late King James after mentioned One Act intituled an Act for continuance and explanation of the Statute made in the nine and thirtieth year of the reign of the late Quéen Elizabeth intituled an Act for punishment of Rogues Vagabonds and sturdy Beggars another intituled an Act to take away the benefit of Clergy for some kind of Man-slaughter another intituled an Act concerning Tanners Curriers Shoo-makers and other Artificers occupying the cutting of Leather saving for such part thereof as is repealed by one other Act St. 4 Jac. 6. 1 Jac. 27. made in the fourth year of his said late Maiesties reign of England in that behalf Another intituled an Act for the better execution of the intent and meaning of former Statutes made against shooting in Guns and for the preservation of the Game of Pheasants and Partridges and against the destroying of Hares with Hare-pipes 1 Jac. 18. 1 Jac. 6. St. 5 El. 4 1 Jac. 31. and tracing Hares in the Snow an Act intituled an Act for avoiding of Deceit in Selling Buying or spending corrupt and unwholsome Hops an Act intituled an Act for explanation of the Statute made in the fifth year of the late Quéen Elizabeths reign concerning Labourers an Act for the charitable relief and ordering of persons infected with the Plague And the several Acts made in the third year of the Reign of the late King James after mentioned That is to say 3 Jac. 9. 3 Jac. 10. 3 Jac. 11. one Act intituled an Act for relief of such as lawfully use the Trade and Handy-craft of Skinners Another Act intituled an Act for rating and levying of the charges for conveying of Malefactors and Offendors to the Gaol Another Act for transporting of Béer over the Seas 3 Jac. 13. 4 Jac. 11. One other intituled an Act against unlawful hunting and stealing of Déer and Conies And one Act made in the fourth year of the reign of the said late King James intituled an Act for the better provision of Meadow and pasture for the necessary maintenance of Husbandry and Tillage in the Mannors 7 Jac. 1. Lordships and Parishes of Merden alias Mawarden Boddenham Wellington Sutton Saint Michael Sutton Saint Nicholas Murton upon Lugge and the Parish of Pipe 7 Jac. 4. 7 Jac. 12. and every of them in the County of Hereford And the several Acts made in the seventh year of the Reign of the late King James after mentioned the one intituled an Act for the better execution of Iustice and suppressing of criminal Offenders in the North parts of the Kingdome of England 7 Jac. 12. 7 Jac. 13. Another intituled an Act for the due execution of divers Laws and Statutes heretofore made against Rogues Vagabonds and sturdy Beggars and other lewd and idle persons St. 3 Jac. 23. 7 Jac. 18. Another intituled an Act to prevent the spoil of Corn and Grain by untimely hawking and for the better preservation of Pheasants and Partridges One other Intituled an Act to avoid the double payment of Debts One other Intituled An Act for the explanation of one Statute made in the second Session of that present Parliament intituled an Act against unlawful hunting of Déer and Conies And one other Act intituled an Act for the taking landing and carrying of Sea-sand for the bettering of grounds 25 H. 8. 11. and for the increase of Corn and Tillage within the Counties of Devon and Cornwall And that
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
Majesty his Heirs or Successors And all Powers and Authorities Granted or pretended or mentioned to be Granted thereby and all Acts Sentences and Decrées to be made by vertue or colour thereof shall be utterly void and of none effect CAP. XII A Subsidy Granted to the King of Tunnage and Poundage Tunnage and Poundage and other sums of Money payable upon Merchandize Exported and Imported from the 15th of July 1641. to the 10th of August next EXP. CAP. XIII Such Monies secured as are or shall be due to the Inhabitants of the County of York and the other adjoyning Counties for the Billet of the Souldiers and to certain Officers of the Army who forbear part of their pay according to an Order in that behalf made in the Commons House of Parliament this present Session for such part of their pay as they shall so forbear EXP. CAP. XIV The late Preceedings touching Ship-money declared unlawful and all Records and Process concerning the same made void Shipâ—rits VVHereas divers Writs of late time issued under the Great Seal of England commonly called Ship-Writs for the charging of the Ports Towns Cities Burroughs and Counties of this Realm respectively Certioraries to provide and furnish certain Ships for his Majesties service Mittimus And whereas upon the Execution of the same Writs and Returns of Certioraries thereupon made and the sending the same by Mittimus into the Court of Exchequer Process hath béen thence made against sundry persons pretended to be charged by way of Contribution for the making up of certain sums assessed for the providing of the said Ships and in especial in Easter Term Scire facias against John Hampden Esquire Demurrer in the thirtéenth year of the Reign of our Soveraign Lord the King that now is a Writ of Scire facias was awarded out of the Court of Exchequer to the then Sheriff of Buckingham-Shire against John Hampden Esquire to appear and shew cause why he should not be charged with a certain sum so assessed upon him upon whose appearance and demurrer to the procéedings therein the Barons of the Exchequer adjourned the same case into the Exchequer-Chamber where it was solemnly argued divers dayes and at length it was there agréed by the greater part of all the Iustices of the Courts of Kings Bench and Common Pleas and of the Barons of the Exchequer there assembled That the said John Hampden should be charged with the said sum so as aforesaid assessed on him The main grounds and reasons of the said Iustices and Barons which so agréed being that when the good and safety of the Kingdom in general is concerned and the whole Kingdom in danger the King might by Writ under the Great Seal of England command all the Subjects of this His Kingdome at their charge to provide and furnish such manner of Ships with Men Victuals and Munition and for such time as the King should think fit for the defence and safeguard of the Kingdom from such danger and peril and that by Law the King might compel the doing thereof in case of refusal or refractorinses and that the King is the sole Iudg both of the danger and when and how the same is to be prevented and avoided according to which grounds and reasons all the Iustices of the said Courts of Kings Bench and Common Pleas and the said Barons of the Exchequer having béen formerly consulted with by his Maiesties command Extrajudicial Opinion had set their hands to an extraiudicial opinion expressed to the same purpose which Opinion with their names thereunto was also by his Majesties command inrolled in the Courts of Chancery Kings Bench Common Pleas and Exchequer and likewise entred among the Remembrances of the Court of Star-Chamber Iudgment and according to the said agréement of the said Iustices and Barons Iudgment was given by the Barons of the Exchequer That the said John Hampden should be charged with the said sum so assessed on him And whereas some other Actions and Proces depend and have depended in the said Court of Exchequer and in some other Courts against other persons for the like kind of charge grounded upon the said Writs commonly called Shipwrits all which Writs and procéedings as aforesaid were utterly against the Law of the Land Shipmoney proceedings thereupon contrary to Law Be it therefore declared and Enacted by the Kings most excellent Majesty and the Lords and Commons in this present Parliament assembled and by the Authority of the same That the said charge imposed upon the Subject for the providing and furnishing of Ships commonly called Ship-money and the said extrajudicial opinion of the said Iustices and Barons and the said Writs and every of them and the said agréement or opinion of the greater part of the said Iustices and Barons and the said judgment given against the said John Hampden were and are contrary to and against the Laws and Statutes of this Realm the right of property the liberty of the Subjects former resolutions in Parliament and the Petition of Right made in the third year of the Reign of his Maiesty that now is St. 3 Car. 1. Petition of right to be observed And it is further declared and Enacted by the Authority aforesaid That all and every the particulars prayed or desired in the said Petition of Right shall from henceforth be put in execution accordingly and shall be firmly and strictly holden and observed as in the same Petition they are prayed and expressed and that all and every the Records and remembrances of all and every the Iudgment Iudgments proceedings touching ship-money and all entries records inrolments thereof made void Inrolments Entry and procéedings as aforesaid and all and every the procéedings whatsoever upon or by pretext or colour of any of the said Writs commonly called Ship-Writs and all and every the Dependents on any of them shall be Déemed and Adiudged to all intents constructions and purposes to be utterly void and disannulled and that all and every the said Iudgment Inrolments Entries Procéedings and Dependents of what kind soever shall be vacated and cancelled in such manner and forme as Records use to be that are vacated CAP. XV. Touching Incroachments and Oppressions in the Stannary Courts WHereas King EDWARD the first of famous memory did for the Amendment of the Stannaries in the County of Devon E. 1. Charter grant divers Franchises and Liberties to the Tinners there And whereas in the Parliament in the fiftieth year of King EDWARD the third upon the petition of the Commons of the County of Devon certain Branches and Articles of the said Charter were explained in manner following That is to say whereas one Article of the said Charter is in these words following Explained 50 E. 3. viz. Sciatis nos ad emendationem Stannariarum nostrarum in Com. Devon ad tranquilitatem utilitatem Stannatorum nostrorum praedictorum earundem Concessisse pro nobis haeredibus
Great Seal of Lands Liberties Honours or Offices do or may issue in the Kings Majesties Name in the same manner as was usual before the making of the said first recited pretended Act any thing in this present Act to the contrary thereof before expressed in any wise notwithstanding St. 13. Car. 2. cap. 12. CAP. IV. A Subsidie granted to the King of Tonnage and Poundage and other some of Money payable upon Merchandize Exported and Imported The Causes and Trusts upon granting the Subsidies of Tonnage and Poundage THe Commons assembled in Parliament reposing Trust and Confidence in Your Majesty in and for the Guarding and Defending of the Seas against all persons intending or that shall intend the disturbance of Your said Commons in the intercourse of Trade and the invading of this Your Realm For the better defraying the necessary Expences thereof which cannot otherwise be effected without great charge to Your Majesty Do by and with the advice and consent of the Lords in this Your present Parliament assembled and by the authority of the same Defending the Seas to the intent aforesaid Give and Grant unto You our Supreme Liege Lord and Soveraign A Subsidy of Tonnage granted to the King one subsidy called Tonnage That is to say Of every Ton of Wine of the growth of France or of any the Dominions of the French King or Crown of France that shall come into the Port of London and the Members thereof by way of Merchandize by your Natural born Subjects the sum of Four Pounds and ten shillings of currant English Money and so after that Rate and by Strangers and Aliens Six pounds of like money And of every Ton of the like Wine which shall be brought into all and every the other Ports and places of this Kingdome and the Dominions thereof by way of Merchandize by Your Naturall Born Subjects the sum of Thrée pounds and by Aliens Four pounds and ten shillings And of every Butt or Pipe of Muscadels Malmseys Cutes Tents Allicants Bastards Sacks Canaries Malligoes Maderoes and other Wines whatsoever commonly called Swéet Wines of the growth of the Levant Spain Portugal or any of them or of any the Islands or Dominions to them or any of them belonging or elsewhere that shall come or be brought into the Port of London by your Natural born Subjects the sum of Fourty five shillings of currant English money and so after that Rate And by Strangers and Aliens Thrée pounds of like money And of every Butt and Pipe of the like Wine which shall come or be brought into all every or any the other Ports and Places of this Kingdom and Dominions thereof by way of Merchandize by Your Natural Born Subjects the sum of Thirty shillings and by Strangers Forty five shillings And of every Awm of Rhenish Wine or Wine of the growth of Germany that shall be brought into this your Realm and the Dominions thereof by your Natural Born Subjects The sum of twenty shillings of currant English money and strangers and Aliens Twenty and five shillings which several Rates are the same which are expressed in a certain Book of Rates herein after mentioned and referred unto And also one other Subsidy called Poundage That is to say of all manner of Goods and Merchandize of every Merchant A subsidy of poundage Natural Born Subject Denizen and Alien to be carryed out of this Realm or any your Majesties Dominions to the same belonging or to be brought into the same by way of Merchandize of the value of every twenty shillings of the same Goods and Merchandizes according to the several and particular Rates and values of the same goods and Merchandizes as the same are particularly and respectively Rated and Valued in the said Book of Rates herein after mentioned and referred unto Twelve pence and so after that Rate And of every Twenty shillings value of any the Native Commodities of this Realm or Manufactures wrought of any such Native Commodities to be carried out of this Realm by every or any Merchant Alien according to the Value thereof in the said book expressed Twelve pence over and above the Twelve pence aforesaid Except and foreprized out of this Grant of Subsidy of Poundage all manner of Woollen Clothes made or wrought or to be made or wrought within this Realm of England commonly called Old Draperies and all Wines before limited to pay subsidy of Tonnage and all manner of Fish English taken and brought by English bottoms into this Realm and all manner of fresh Fish and bestial that shall come into this your Realm and all other Goods and Merchandizes which in the said book of rates are mentioned to be custome-frée Exceptions out of the subsidy of poundage And further We your said Commons by the advice Assent and Authority aforesaid do give and grant unto You Our said Liege Lord and Soveraign for the causes aforesaid One other Subsidy That is to say of and for every short woollen cloth to be exported by Your Natural Born Subjects of this your Realm and the Dominions thereof called broad Cloth not excéeding twenty eight yards in length and thréescore and four pounds in weight the sum of thrée shillings and four pence of Currant English money and for every Cloth of short cloth of old Drapery of lesser length and weight accounting so many pieces to a short cloth as limited and appointed thereunto by the said Book of Rates to be likewise exported by your said natural born Subjects the like sum of of thrée shillings four pence and so after that rate and by Strangers and Aliens six shillings and eight pence for every short cloth accounted as aforesaid which several Rates are accordingly expressed in the said Book of Rates herein after mentioned and referred unto A subsidy of strangers Aliens To have hold take enjoy and perceive the Subsidies aforesaid and every of them and every part and parcel of them unto your Majesty from the four and twentieth day of June inclusively The said subsidies granted to the King during his life in the Twelfth year of your Majesties Reign for and during your Majesties life which God long preserve And be it further Enacted by the Authority aforesaid That if any Wines Goods The penalty for not paying the subsidy or other Merchandize whereof the Subsidies aforesaid are or shall be due shall at any time after be shipped or put into any Boat or Vessel to the intent to be carried into the parts beyond Seas or else be brought from the parts beyond the Seas into any Port Place or Créek of this Realm or other your Majesties Dominions by way of Merchandize and unshipped to be laid on Land the Subsidy Customes and other duties due or to be due for the same not paid or lawfully tendred to the Collector thereof or his Deputy with the consent and agréement of the Comptroller and Surveyor there or one of them at the least nor agréed with
priviledges of Parliament and both Houses thereof now Assembled or that hereafter shall be called and assembled Provided alwayes and be it enacted That all and every pretended Indictment or Indictments Out-lawries Inquisitions and all Procéedings thereon of High Treason against any Person or Persons whatsoever for Levying War against the late Tyrant Oliver Cromwell the pretended Kéepers of the Liberty of England or any other Vsurped Power Indictments of Treasons c. for levying wars against Oliver Cromwell c. made void shall be from henceforth void and of none effect in Law And that all Grants Conveyances Leases Devices Assurances Statutes Recognizances and Iudgments for Debt Damages heretofore had made or suffered by any person or his heirs whose Conviction Vtlagary or Attainder is by this Act discharged or made void shall be of the same force and effect as if no such Conviction Outlawry or Attainder had béen Stat. 13 Car. 2. cap. 7. CAP. XIII None shall take above Six Pounds for the loan of an Hundred Pounds for a Year Abatement of interest advantagious to Trade FOrasmuch as the Abatement of Interest from Ten in the Hundred in former times hath béen found by notable experience Beneficial to the Advancement of Trade and Improvement of Lands by good Husbandry with many other considerable advantages to this Nation especially the reducing of it to a nearer Proportion with Forreign States with whom We Traffique And whereas in fresh memory the like fall from Eight to Six in the Hundred by a late constant practise hath found the like Success to the general contentment of this Nation as is visible by several Improvements And whereas it is the endeavour of some at present to reduce it back again in practice to the allowance of the Statute still in force to Eight in the Hundred to the great discouragement of Ingenuity and Industry in the Husbandry Trade and Commerce of this Nation The penalty and forfeiture of taking above six in the hundred Be it for the Reasons aforesaid Enacted by the Kings most Excellent Majesty and the Lords and Commons in this present Parliament assembled That no Person or Persons whatsoever from and after the Twenty Ninth day of September in the Year of our Lord One thousand six hundred and sixty upon any Contract shall from and after the said Twenty Ninth of September take directly or indirectly for Loan of any Monies Wares Merchandise or other Commodities whatsoever above the value of Six Pounds for the Forbearance of one Hundred Pounds for a Year and so after that Rate for a greater or lesser Sum or for a longer or shorter time And that all Bonds Contracts and Assurances whatsoever made after the time aforesaid for payment of any Principal or money to be lent or covenanted to be performed upon or for any Vsury whereupon or whereby there shall be reserved or taken above the Rate of Six pounds in the Hundred as aforesaid shall be utterly void And that all and every person or persons whatsoever which shall after the time aforesaid upon any Contract to be made after the said Twenty Ninth of September take accept and receive by way or means of any corrupt Bargain Loan Exchange Cheivisaunce Shift or Interest of any Wares Merchandise or other thing or things whatsoever or by any deceitful way or means or by any covin engine or deceitful conveyance for the forbearing or giving day of payment for one whole year of and for their money or other thing above the sum of six pounds for the forbearing of One hundred pounds for a year and so after that Rate for a greater or lesser Sum or for a longer or shorter Term shall forfeit and lose for every such offence the treble value of the moneys wares merchandise and other things so Lent Bargained Sold Exchanged or Shifted The Forfeiture of a Scrivener that shall take above five shillings for the forbearance of an hundred pounds for a year and above twelve pence for making a Bond. And be it further Enacted by the Authority aforesaid That all and every Scrivener and Scriveners Broker and Brokers Solicitor and Solicitors Driver and Drivers of Bargains for Contracts who shall after the said Twenty ninth day of September take or receive directly or indirectly any sum or sums of money or other reward or thing for Brokage Soliciting Driving or Procuring the Loan or forbearing of any sum or sums of money over and above the Rate or Value of five shillings for the Loan or forbearing of one hundred pounds for a year and so rateably or above Twelve pence for making or renewing of the Bond or Bill for the Loan or for forbearing thereof or for any Counter-Bond or Bill concerning the same shall forfeit for every such Offence Twenty pounds and have Imprisonment for half a year The one moyety of all which Forfeitures to be to the King our Soveraign Lord his Heirs and Successors And the other moyety to him or them that will sue for the same in the same County where the several Offences are committed and not elsewhere by Action of Debt Bill Plaint or Information in which no Essoign Wager of Law or Protection to be allowed Stat. 13 Car. 2. cap. 13. CAP. XIV A Perpetual Anniversary Thanksgiving on the Nine and twentietth day of May for His Majesties Happy Restauration The wonderful Power and Goodness of God in the Restauration◠of his Majesty FOrasmuch as Almighty God the King of Kings and sole Disposer of all Earthly Crowns and Kingdoms hath by his All-swaying Providence and Power miraculously demonstrated in the view of all the World his Transcendent Mercy Love and Graciousness towards His most Excellent Majesty CHARLES the Second by his Especial Grace of England Scotland France and Ireland King Defender of the true Faith and all his Majesties Loyal Subjects of this his Kingdom of England and the Dominions thereunto annexed by his Majesties late most wonderful glorious peaceable and joyful Restauration to the actual possession and exercise of his undoubted hereditary Soveraign and Regal Authority over them after sundry years forced extermination into Forreign parts The unanimous and cordial affection of the Lords and Commons in Parliament and People in general by the most Trayterous Conspiracies and Armed Power of Vsurping Tyrants and execrable perfidious Traytors and that without the least opposition or effusion of blood through the unanimous cordial Loyal Votes of the Lords and Commons in this present Parliament assembled and passionate desires of all other his Majesties Subjects which unexpressible Blessing by Gods own most wonderful Dispensation was compleated on the Twenty Ninth day of May last past being the most memorable Birth-Day not onely of his Majesty both as a Man and Prince but likewise as an Actual King and of this and other His Majesties Kingdoms all in a great measure new born and raised from the dead on this most joyful Day wherein many Thousands of the Nobility Gentry Citizens
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
Kingdom of England Dominion of Wales and Town of Berwick upon Tweed by retail for above Eightéen pence the quart And that no Gascoigne or French Wines whatsoever shall be sold by Retail above eight pence the quart And that no Rhenish Wines whatsoever shall be sold by retail above Twelve pence the quart And according to these rates The Penalties for a greater and lesser quantity all and every the said Wines shall and may be sold upon pain and penalty that every such person or persons who shall utter or sell any of the said Wines by retail that is to say by Pint Quart Pottle or Gallon or any other greater or lesser Retail-measure at any rate excéeding the Rates hereby limited do and shall forfeit for every such Pint Quart Pottle Gallon or other greater or lesser quantity so sold by retail the sum of Five pounds the one moyety of which forfeiture shall be to our Soveraign Lord the King His Heirs and Successors and the other moyety to him or them that shall sue for the same to be recovered in manner and form as aforesaid Provided nevertheless The Lord Chancellor c. may set the Prises of Wines yearly or alter the same That it shall and may be lawful to and for the Lord Chancellor of England Lord Treasurer Lord President of the Kings Councel Lord Privy Seal and the two Chief Iustices or Five Four or Thrée of them And they are hereby Authorized yearly and every year betwéen the twentieth of November and the last day of December and no other times to set the Prises of all and every the said Wines to be sold by retail as aforesaid at higher or lower rates then are herein contained so that they or any of them cause the Prises by them set to be written and open Proclamation thereof to be made in the Kings Court of Chancery yearly in the Term time or else in the City Burrough or Towns Corporate where any such Wine shall be sold And that all and every the said Wines shall and may be sold by retail at such prises as by them or any Five Four or thrée of them shall be set as aforesaid from time to time for the space of one whole year to commence from the first day of February next after the setting thereof and no longer and no greater prises under the pains and penalties aforesaid to be recovered as aforesaid and afterwards And in default of such setting of prises by the said Lord Chancellor of England Lord Treasurer Lord President of the Kings Councel Lord Privy Seal and the two Chief Iustices or Five Four or Thrée of them as aforesaid at the respective Rates and Prises set by this Act and under the penalties as aforesaid to be recovered as aforesaid Stat. 13 Car. 2. cap. 7. CAP. XXVI The levying of the Twelve Moneths Assessment commencing the 24th of June 1659. and the six Moneths Assessment commencing the Twenty Fifth of December 1659. EXP. Stat. 13 Car. 2. cap. 7. CAP. XXVII Four hundred and twenty thousand pounds by an Assessment of Threescore and ten Thousand pounds by the Moneth Granted for Six Moneths for Disbanding the Remainder of the Army and paying off the Navy with Rules and Instructions for the same EXP. Stat. 13 Car. 2. cap. 7. CAP. XXVIII Further supplying and explaining certain defects in an Act Intituled An Act for the provision of money for Disbanding and paying off the Forces of this Kingdom both by Land and Sea EXP. Stat. 13 Car. 2. cap. 7. CAP. XXIX Seventy thousand pounds to be raised for the further supply of His Majesty EXP. Stat. 13 Car. 2. cap. 7. CAP. XXX The Attainder of several persons Guilty of the Horrid Murther of His late Sacred Majesty King Charles the First IN all humble manner shew unto Your most Excellent Majesty Your Majesties most dutiful and loyal Subjectts the Lords and Commons in Parliament Assembled That the Horrid and Execrable Murther of Your Majesties Royal Father The horrid murder of King Charles the first how first contrived and plotted our late most Gracious Soveraign Charles the First of ever blessed and glorious memory hath béen committed by a party of wretched men desperately wicked and hardned in their Impiety who having first plotted and contrived the ruine and destruction of this excellent Monarchy and with it of the true Reformed Protestant Religion which had béen so long protected by it and flourished under it found it necessary in order to the carrying on of their pernicious and traiterous designs to throw down all the Bullwarks and Fences of Law and to subvert the very being and constitution of Parliament that so they might at last make their way open for any further attempts upon the Sacred Person of his Maiesty himself And that for the more easy effecting thereof they did first seduce some part of the then Army into a compliance and then kept the rest in subjection to them partly for hopes of preferment and chiefly for fear of losing their imployments and arrears untill by these and other more odious arts and devices they had fully strengthened themselves both in power and faction which being done they did declare against all manner of Treaties with the person of the King even then while a Treaty by advice of both Houses of Parliament was in being Remonstrate against the Houses of Parliament for such procéedings seize upon his Royal person while the Commissioners were returned to the House of Parliament with his Answer and when his Concessions had béen Voted a ground for peace seize upon the House of Commons seclude and imprison some Members force out others and there being left but a small remnant of their own Creatures not a tenth part of the whole did séek to shelter themselves by this weak pretence under the name and Authority of a Parliament and in that name laboured to prosecute what was yet behind and unfinished of their long intended Treason and Conspiracy To this purpose they prepared an Ordinance for erecting a prodigious and unheard of Triennal which they called An High Court of Justice for Tryal of his Majesty and having easily procured it to pass in their House of Commons as it then stood moulded ventured to send it up from thence to the Péers then sitting who totally rejected it whereupon their rage and fury increasing they presume to pass it alone as an Act of the Commons and in the name of the Commons of England and having gained the pretence of Law made by a power of their own making pursue it with all possible force and cruelty until at last upon the thirtieth day of January one thousand six hundred forty and eight His Sacred Majesty was brought unto a Scaffold and there publickly Murthered before the Gates of his own Royal Palace And because by this Horrid action the Protestant Religion hath received the greatest wound and reproach and the people of England the most insupportable shame and infamy that was
and twentieth of March next be prejudicial to any County City or Place within this Kingdom which are overcharged with Men and Arms beyond their ancient proportion Provided That neither this Act nor any matter or thing therein contained shall be déemed construed or taken to extend to the giving or declaring of any Power for the transporting of any the Subjects of this Realm or any way compelling them to march out of this Kingdom otherwise then by the Laws of England ought to be done Provided That no person whatsoever shall be capable of acting as a Lieutenant No person may be Lieutenant or Deputy Lieutenant that hath not taken the Oaths of Allegiance and supremacy or Deputy-Lieutenant or other Officer or Souldier by Vertue of this Act who hath not already taken the Oaths of Allegiance and Supremacy since the Return of his Majesty into England until he shall take the same according to the Laws and Statutes of this Kingdome Which Oaths the Lords of His Privy Council or any six of them are hereby impowred to administer to any Péer of this Realm who shall be Commissionated by Vertue of this Act and the Deputy-Lieutenants or any two of them in their respective Counties to any Commoner 14 Car. 2. cap. 3. 8. 15 Car. 2. cap. 4. Stat. 3. CAP. VII Publick Acts Confirmed WHereas during the late Difficulties and Exigencies of Affairs in the absence of His most Excellent Majesty and in reference to his Return from beyond the Seas into these His Majesties Dominions The Lords and Commons being assembled at Westminster the Five and twentieth day of April in the Twelfth Year of his Majesties Reign were from thence and after his Majesties Return continued until the Nine and twentieth day of December then next following and now last past and then Dissolved by his Majesty In which time several Acts were Passed by his Majesty by and with the Advice and Consent of the Lords and Commons Assembled as aforesaid which being of necessary use are fit to be Continued and Confirmed although the manner of the said Assembling enforced by the Difficulties and Exigencies aforesaid which then lay upon the Nation is not to be drawn into Example Be it therefore 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 the Authority of the same That all and singular the Acts made or mentioned to be made by His said Majesty by and with the Advice and Consent of the Lords and Commons upon or since the said Five and twentieth day of April herein after particularly mentioned and expressed That is to say One Act Entituled Stat. 12. Car. 2. cap. 11. Stat. 12. Car. 2. cap. 4. Stat. 12 Car. 2. cap. 5. Stat. 12 Car. 2. cap. 8. Stat. 12 Car. 2. cap. 9. Stat. 12 Car. 2. cap. 12. Stat. 12 Car. 2. cap. 15. Stat. 12 Car. 2. cap. 10. Stat. 12 Car. 2. cap. 19. Stat. 12 Car. 2. cap. 20. Stat 12 Car. 2. cap. 23. Stat. 12 Car. 2. cap. 24. Stat. 12 Car. 2. cap. 25. Stat. 12 Car. 2. cap. 26. Stat. 12 Car. 2. cap. 27. An Act of Free and General Pardon Indempnity and Oblivion One other Act Entituled A Subsidy granted to the King of Tunnage and Poundage and other Sums of Money payable upon Merchandize Exported and Imported One other Act Entituled An Act for continuing the Excise until the Twentieth of August One thousand six hundred and sixty One other Act Entituled An Act for Continuing the Excise till the Five and twentieth Day of December One thousand six hundred and sixty One other Act Entituled An Act for the speedy Provision of Money for Disbanding and Paying off the Forces of this Kingdom both by Land and Sea One other Act Entituled An Act for Confirmation of Judicial Proceedings One other Act Entituled An Act for the speedy Disbanding of the Army and Garrisons of this Kingdom One other Act Entituled An Act for Supplying and Explaining certain Defects in an Act Entituled An Act for the speedy Provision of Money for Disbanding and Paying off the Forces of this Kingdom both by Land and Sea One other Act Entituled An Act to prevent Frauds and Concealments of His Majesties Customs and Subsidies One other Act entituled An Act for Raising Sevenscore Thousand Pounds for the compleat Disbanding of the whole Army and Paying off some part of the Navy One other Act entituled A Grant of certain Impositions upon Beer Ale and other Liquors for the Increase of His Majesties Revenue during his Life One other Act entituled An Act for taking away the Court of Wards and Liveries and Tenures in Capite and by Knights Service and Purveyance and for Setling a Revenue upon his Majestie in lieu thereof One other Act entituled An Act for the better Ordering the Selling of Wines by Retail and for preventing Abuses in the mingling corrupting and vitiating of Wines and for setting and limiting the Prices of the same One other Act Entituled An Act for the Levying of the Arrears of the Twelve Moneths Assessment commencing the Four and Twentieth day of June One Thousand Six Hundred Fifty and Nine and the Six Moneths Assessment commencing the Five and Twentieth of December One Thousand Six Hundred Fifty and Nine One other Act entituled An Act for Granting unto the Kings Majesty Four Hundred and Twenty Thousand Pounds by an Assessment of Threescore and Ten Thousand Pounds by the Moneth for Six Moneths for Disbanding the Remainder of the Army and Paying off the Navy Stat. 12 Car. 2. cap. 28. Stat. 12 Car. 2. cap. 29. Stat. 12 Car. 2. cap. 30. Sâ—at 12 Car. 2. cap. 35. Stat. 12 Car. 2. cap. 2. One other Act entituled An Act for the further Supplying and Explaining certain Defects in an Act Entituled An Act for the speedy Provision of money for Disbanding and Paying off the Forces of this Kingdom both by Land and Sea One other Act entituled An Act for the Raising of Seventy Thousand Pounds for the further Supply of His Majesty One other Act entituled An Act for the Attainder of several Persons guilty of the Horrid Murder of his late Sacred Majesty King CHARLES the First One other Act Entituled An Act for Erecting and Establishing a Post-Office One other Act entituled An Act for putting in Execution an Ordinance mentioned in thâ—s Act 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 or purport thereof and so shall be adiudged 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. VIII Necessary Carriages to be provided for His Majesty in his Royal Progress and Removals Stat. 12 Car. 2. cap. 24. WHereas by an Act made
in Parliament in the Twelfth year of His Majesties Reign Entituled An Act for taking away the Court of Wards and Liveries and Tenures in Capite and by Knights Service and Purveyance and for setling a Revenue upon His Majesty in lieu thereof It was amongst other Things Enacted for the Reasons and Recompence therein expressed That from thenceforth 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 that shall be or for his their or any of their Houshold shall take any Cart Carriage or other thing whatsoever of any of the Subjects of His Majesty his Heirs or Successors without the frée 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 Wayns 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 Custome or Vsage to the contrary notwithstanding which Act may prove very prejudicial and inconvenient to the Kings Majesty in his Royal Progresses upon his necessary occasions to several parts of this Realm in case any person or persons shall obstinately refuse voluntarily to provide sufficient Carriages for Royal service at ordinary and usual Rates for such Carriages as are paid by others of his Subjects in such places contrary to the true intent and meaning of the said Act. Clerk or chief Officer of his Majâ—sties carriages by Warrant from the Green-cloath to provide Carts c. for his Majesties use Be it therefore 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 the Clark or chief Officer of his Majesties Carriages shall thrée dayes at least before his Majesties Arrival by Warrant from the Gréen cloth give notice in writing to two or more of his Majesties Iustices of the Peace next adjoyning to provide such a number of Carts and Carriages from the places next adjacent as His Majesty shall have present use of expressing the certainty of that number as also the time and place when and where the said Carts and Carriages are to attend which Carriages shall consist of four able Horses or six Oxen or four Oxen and two Horses for each of which Cart or Carriage Penalty for refusing to furnish his Majesty the respective Owners shall receive six pence for each Mile they shall go laden And that in case any of his Majesties Subjects of this Realm shall refuse to provide and furnish His Majesty that now is or His Quéen that shall be or His or Her Houshold in their Progress or removals with such sufficient and necessary carriages for their Wardrobe and other necessaries for ready monies tendred to them or shall without just and reasonable cause refuse to make their appearance with such sufficient Carts and Carrâ—â—ges as are before exprest that then upon due proof and conviction of such neglect and refusal by the Oath of the Constable or other Officer or two other credible Witnesses before the said Iustices of the Peace of the County or Mayor or other chief Officer of the City or Corporation where he or they inhabit which Oath they shall have power to administer the party so refusing shall for such his refusal and neglect forfeit the sum of Forty shillings to the King's use to be forthwith levied by distress and sale of his Goods and Chattels rendring to the parties the overplus upon every such sale if there shall be any by Warrant from the said Iustices of the Peace Mayor or other chief Officer Provided alwayes That no Horses Oxen Cart or Wain No horses or carriages to travel above a dayes journey nor without pay of ready money shall be enforced to travel above one dayes journey from the place where they receive their Lading and that ready payment shall be made in hand for the said Carriages at the place of Lading without delay according to the aforesaid Rates And in case any Iustice of the Peace Mayor chief Officer or Constable shall take any Gift or Reward to spare any person or persons from making such Carriage or shall injuriously charge or grieve any person through envy hatred or evill will who ought not to make such Carriage or shall Impress more Carriages then he shall be directed from the Gréen Cloth to do That then upon due proof and conviction thereof the party so offending shall forfeit the sum of Ten pounds to the party thereby grieved or any other who shall sue for the same to be recovered by Action of Debt in any of his Majesties Courts of Record wherein no Protection Essoin Penalty for wrongfull charging any person or Wager of Law shall be allowed And in case any person or persons shall presume to take upon him or them to Impress any horses Oxen cart wain or carriages for his Majesties service other then the person so impowered then he or they so offending shall upon due conviction of the said offence incur and suffer the punishment contained in the first recited Act. And whereas of late in his Majesties Progresses excessive Rates and Prices have béen exacted from his Maiesties servants for lodging horse-meat stable-room and other accomodations Rates for horse-meat and diet for his Majesties Servants Be it therefore Enacted by the Authority aforesaid That none of his Majesties said Servants shall be compelled to pay above one shilling by the night for every bed that they shall use for their servants And that in all such houses where any of his Majesties said servants shall pay for their dyet or for hay and provender for their horses convenient lodging shall be provided for themselves and their Servants without paying any thing for the same And be it further Enacted by the Authority aforesaid Rates Prices to be set down by two Iustices of the Peace that any two or more of the Iustices of the Peace near adjoyning to the Road through which his Majesty is to pass shall immediately after notice in writing from the said Gréen Cloth and Avenor under their hands and seals set down and appoint such reasonable Rates and Prices to be paid during his Majesties abode there both for hay oats and other accomodations for horses as they in their discretion shall think méet which Rates one day at the least before his Majesties coming to such place the said Iustices
and for the said respective Lieutenants and in their absence as aforesaid or otherwise by their directions to and for their Deputies or any two or more of them by warrant under their hands and seals to levy all such penalties as are appointed by this Act by distress and sale of the offenders Goods rendring the overplus to the Party distrained And it is hereby Ordained and Enacted And to defalk the charges out of their next Rent That it shall and may be lawful to and for the said Tenant or Tenants to defalk out of such rent as shall be next due to his or their Landlord all such Money as the said Tenant or Tenants shall necessarily lay out or expend in providing such horse and Horse-man horses and Horse-men and Arms or Foot-souldier and Arms as are charged upon his or their Landlord or shall pay or be levied upon him or them by distress for any default in manner as aforesaid any condition reservation Covenant or Contract for the payment of his or their Rent to the contrary in any wise notwithstanding And for so doing the said Tenant or Tenants shall be indemnified by Authority of this Act The Tenants indemnified for so doing unless the Land-lord or Land-lords shall make it appear within two moneths after such levying such penalties before the respective Lieutenants and in their absence as aforesaid or otherwise by their directions before their Deputies or any two or more of them that the default and penalty was occasioned by the wilful neglect of the said Tenant or Tenants Peers not to act as Lieutenants or Deputies before they take the Oath of Allegiance c. Provided also That no person being a Péer of this Realm shall be capable of acting or serving as Lieutenant or Deputy-Lieutenant by vertue of this Act unless he or they shall first before six of the Lords of his Majesties Privy-Council for the time being or such other Persons as shall be authorised by his Majesty to administer the same take the Oaths of Allegiance and Supremacy and also this Oath following I A.B. do declare and believe that it is not lawful upon any pretence whatsoever to take Arms against the King And this oath And that I do abhor that Traiterous Position That Arms may be taken by his authority against His Person or against those that are Commissioned by him in pursuance of such Military Commissions So help me God Which Oaths they have hereby power to administer Persons under the degree of a Peer to take the Oath of Allegiance c. And that no Person being under the degrée of a Péer of this Realm shall be capable of acting as Lieutenant Deputy-Lieutenant Officer or Souldier by vertue of this Act unless he or they shall first take the Oaths of Allegiance and Supremacy and this Oath following I A. B. do declare and believe that it is not lawful upon any pretence whatsoever to take Arms against the King And that I do abhor that Traiterous Position And this oath That Arms may be taken by his Authority against His Person or against those that are Commissioned by Him in pursuance of such Military Commissions So help me God Which Oaths any one Iustice of Peace of the respective Counties and Places aforesaid is enabled to administer to such respective Lieutenant as is not a Péer of this Realm and the said Lieutenant or any one Iustice of Peace of the respective Counties and Places aforesaid is enabled to administer to the respective Deputy-Lieutenants not being Péers and the said respective Lieutenants and in their absence as aforesaid or otherwise by their directions when they are not absent their Deputies or any two of them shall and are hereby Enabled to administer the said Oaths to the said Officers and Souldiers The Trained Bands to continue till the 25. March 1663. And no longer And to the end there may be some convenient time to put in execution the Powers of this Act and preparing an Establishment according to the same Be it hereby Enacted That the Trained Bands and Forces now actually raised and in being shall so continue in each respective City and County of England and Wales until the five and twentieth day of Mach One thousand six hundred sixty and thrée and no longer unless an Establishment according to this Act be no sooner had any thing in this present Act to the contrary in any wise notwithstanding The times appointed for training and mustering And it is hereby Declared and Enacted That the Ordinary times for Training Exercising and Mustering the Forces to be raised by vertue of this Act shall be these following that is to say the general Muster and Exercise of Regiments not above once a year the Training and Exercising of single Companies not above four times a year unless special Directions be given by his Majesty or his Privy-Council And that such single Companies and Troops shall not at any one time be continued in Exercise above the space of two days and that at a General Muster and Exercise of Regiments What Arms and Provision every Souldier shall bring no Officer or Souldier shall be constrained to stay for above four days together from their respective habitations And that at every such Muster and Exercise every Musquetier shall bring with him half a pound of Powder at the charge of such person or persons as provide the said Foot-souldier and Arms and every Horse-man is to bring with him a quarter of a pound of Powder at the charge of such person or persons as provide the said horse Horse-man and Arms and the Arms Offensive and Defensive with the Furniture for Horse are to be as followeth The Defensive Arms a Back Breast and Pott and the Breast and Pott to be Pistol-proof The Offensive Arms a Sword a Case of Pistols the Barrels whereof are not to be under 14 Inches in length The furniture for the Horse to be a great Saddle or Padd with Burrs and Trapps to affix the Houlsters unto a Bitt and Bridle with a Pectorel and Crupper For the Foot a Musquetier is to have a Musquet the Barrel whereof is not to be under thrée foot in length And the Gage of the Bore to be for 12 Bullets to the pound a Coller of Bandeliers with a Sword Provided that all Muster-Masters shall for the present admit and allow of any Musquets already made which will bear a Bullet of 14 to the pound But no Musquets which henceforth shall be made are to be allowed of but such as are of the Gage for 12 Bullets to the pound A Pike-man is to be armed with a Pike made of Ash not under 16 foot in length the head and foot included with a Back Breast Head-piece and Sword Provided that all Muster-Masters shall for the present admit and allow of any Pikes already made that are not under 15 foot in length But no Pikes which shall be hereafter made are to be allowed of
Collegiate Church within England and Wales shall at their proper costs and charges before the Twenty fifth day of December One thousand six hundred sixty two obtain under the Great Seal of England a true and perfect printed Copy of this Act and of the said Book annexed hereunto to be by the said Deans and Chapters and their Successors kept and preserved in safety for ever and to be also produced and shewed forth in any Court of Record as often as they shall be thereunto lawfully required And also there shall be delivered true and perfect Copies of this Act and of the same Book into the respective Courts at Westminster and into the Tower of London to be kept and preserved for ever among the Records of the said Courts and the Records of the Tower to be also produced and shewed forth in any Court as néed shall require which said Books so to be exemplified under the Great Seal of England shall be examined by such persons as the Kings Majesty shall appoint under the Great Seal of England for that purpose and shall be compared with the Original Book hereunto annexed and shall have power to correct and amend in writing any Error committed by the Printer in the Printing of the same Book or of any thing therein contained and shall certifie in writing under their Hands and Seals or the hands and seals of any thrée of them at the end of the same Book that they have examined and compared the same Book and find it to be a true and perfect Copy which said Books and every one of them so exemplified under the Great Seal of England as aforesaid shall be déemed taken adjudged and expounded to be good and available in the Law to all intents and purposes whatsoever and shall be accounted as good Records as this Book it self hereunto annexed Any Law or Custome to the contrary in any wise notwithstanding Proviso for the Kings Professor of Law in Oxford Provided also That this Act or any thing therein contained shall not be prejudicial or hurtful unto the Kings Professor of the Law within the Vniversity of Oxford for or concerning the Prebend of Shipton within the Cathedral Church of Sarum united and annexed unto the place of the same Kings Professor for the time being by the late King James of blessed memory Provided alwayes Proviso concerning the 3â—th Article agreed in the Convocation Anno 1562. That whereas the Six and thirtieth Article of the Nine and thirty Articles agréed upon by the Archbishops and Bishops of both Provinces and the whole Clergy holden at London in the year of our Lord One thousand five hundred sixty two for the avoiding of diversities of Opinions and for establishing of consent touching true Religion is in these words following viz. That the Book of Consecration of Archbishops and Bishops and Ordaining of Priests and Deacons lately set forth in the time of King Edward the Sixth and confirmed at the same time by Authority of Parliament doth contain all things necessary to such Consecration and Ordaining neither hath it any thing that of it self is superstitious and ungodly And therefore whosoever are Consecrated or Ordered according to the Rites of that Book since the second year of the aforenamed King Edward unto this time or hereafter shall be Consecrated or Ordered according to the same Rites We decree all such to be rightly orderly and lawfully Consecrated and Ordered It be Enacted And be it therefore Enacted by the Authority aforesaid That all Subscriptions hereafter to be had or made unto the said Articles by any Deacon Priest or Ecclesiastical person or other person whatsoever who by this Act or any other Law now in force is required to subscribe unto the said Articles shall be construed and be taken to extend and shall be applied for and touching the said Six and thirtieth Article unto the Book containing the form and manner of Making Ordaining and Consecrating of Bishops Priests and Deacons in this Act mentioned in such sort and manner as the same did heretofore extend unto the Book set forth in the time of King Edward the Sixth mentioned in the said Six and thirtieth Article Any thing in the said Article or in any Statute Act or Canon heretofore had or made to the contrary thereof in any wise notwithstanding Provided also That the Book of Common Prayer The Common Prayer used by Authority of Parliament 1. Eliz. to be used untill Bartholomew Day 1662. EXP. and Administration of the Sacraments and other Rites and Ceremonies of this Church of England together with the form and manner of Ordaining and Consecrating Bishops Priests and Deacons heretofore in use and respectively established by Act of Parliament in the First and Eighth years of Quéen Elizabeth shall be still used and observed in the Church of England until the Feast of St. Bartholomew which shall be in the year of our Lord God One thousand six hundred sixty and two EXP. as to this last Clause CAP. V. For Regulating the Making of Stuffs in Norfolk and Norwich WHereas divers abuses and deceipts have of late years béen had and used in the making of Worsteds and other Stuffs commonly called Norwich Stuffs and in the Réeling of Yarnes whereof the said Stuffs are either wholly or in part made which tends to the debasing of the said Manufacture unto the prejudice of the publique which said Trade of Weaving of Stuffs hath of late times béen very much increased and great variety of new sorts of Stuffs have béen invented 7 E. 4. cap. 1. so that the Power given by the Statute of the Seventh of Edward the Fourth Chapter the First is not sufficient for the Regulating of the same And that the number of the Wardens by the same Act appointed being but Eight are too few for the Governing and Ordering the same Trade by which means the same Manufacture will soon be lost if not prevented and carried into forreign Nations to the great diminution of His Majesties Customs and turning out of the work many thousands of poor people For prevention of which abuses deceipts and evils The number of Wardens and Assistants of Master Weavers in Norwich how and when to be chosen It is Enacted by the Kings most Excellent Majesty with the advice and consent of the Lords Spiritual and Temporal and Commons Assembled in Parliament and by the Authority of the same That there shall be Twelve Wardens and Thirty Assistants all which are to be Master-Weavers within the County of the City of Norwich and County of Norfolk sir of which said Wardens and fiftéen of the said Assistants shall be chosen the first Monday after Pentecost in the year of our Lord God One thousand six hundred sixty and two and from thenceforth yearly and every year on the next Monday after Pentecost at some publique place by the Master-Weavers or the greater part of them present of the said City and County of Norwich And the other six
to be upheld repaired and maintained after it be so erected at the charge of the Lord of the Mannor wherein the said Bridge now standeth proportionable to the charge he is now at for maintaining the Horse-Bridge and the residue of the charge to be born by the Parishioners of the said Parish For which purpose the said Iustices of the Peace at their said publick Sessions are hereby enabled to make respective rates accordingly so as the sum to be assessed for the erecting the said Bridge excéed not the sum of One hundred pounds and the said Iustices are to take care that the said Bridge be finished by or before the First day of August in the year of our Lord God One thousand six hundred sixty and thrée And be it Enacted by the Authority aforesaid Bridges to have sufficient Walls or Posts and Rails That the said Surveyors do take care that all and every Bridge or Bridges within their respective limits shall before the Feast of St. Michael One thousand six hundred sixty and two have sufficient walls or posts and rails of each side thereof four foot high at the least and that the said walls or posts and pails be from time to time kept in sufficient repair Provided always And be it Enacted by the Authority aforesaid Proviso for chusing Surveyors for the year 1662. EXP. That the Surveyors of the High-ways named for the year One thousand six hundred sixty and two shall within twenty days after the publication of this Act procéed to do and execute all things in this Act for the said year One thousand six hundred sixty two And where there are no Surveyors of the High-ways chosen for the said year One thousand six hundred sixty two they shall be chosen within twenty days after publication of this Act by such persons as by this Act is appointed and being so chosen they shall hereafter do and execute all things according to the tenor of this Act. Provided also And be it Enacted by the Authority aforesaid That where any Lands are let Tenants to bear the charges of Assessments for High-ways the Tenant and Occupier thereof shall pay the Assessment and bear all charges for the mending of the High-ways and not the Landlord except where there is or shall be any agréement betwéen the said Landlord and the Tenant to the contrary Provided also and be it further Enacted The continuance of this Act. That the power of raising and levying money by vertue of this Act shall continue in force for thrée years only from the Five and twentieth day of March One thousand six hundred sixty and two and no longer but that all other Powers and Clauses in this Act shall continue and stand in force until the end of the first Session of the next Parliament and no longer CAP. VII Exportation of Leather and Raw Hides out of the Realm of England restrained WHereas notwithstanding the many good Laws before this time made and still in force 5 E. 6. cap. 15. 6 El. cap. 22. 8 El. cap. 14. 18 El. cap. 9. prohibiting the Exportation of Leather out of this Realm and the penalty by those Acts imposed by the cunning and subtilty of some persons and the neglect of others who ought to take care thereof there are such quantities of Leather daily exported to forreign parts that the price of Leather is grown to those excessive Rates that many Artificers working Leather cannot furnish themselves with sufficient store thereof for the carrying on of their Trades and the poor sort of people are not able to buy those things made of Leather which of necessity they must make use of For redress of which griefs 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 That from and after the First day of May now next ensuing no person or persons whatsoever shall carry or transport or cause to be carried or transported out of England into Scotland Ireland or into any of the Isles belonging to this Kingdom What Skins or Hides Tanned may not be transported or to any parts beyond the Seas the Skins or Hides Tanned or Vntanned of any Ox Stéer Bull Cow or Calf otherwise or in any other manner then is by this present Act directed And be it further Enacted by the Authority aforesaid That none of the Skins or Hides aforesaid which shall happen to be taken from any of the beasts aforesaid within any Island whatsoever belonging to the Kingdom of England except Ireland shall be transported out of that Island to any other place but into the Kingdom of England upon pain of forfeiture for every such offence double the value of Skins or Hides The Penalty so to be transported out of the said Island or any of them to any other place then into the Kingdom of England the same forfeiture to be sued for and disposed as hereafter in this Act is directed And for the better preventing of such mischiefs as are intended to be remedied by this Act Be it Enacted by the Authority aforesaid What Leather must be bought onely in open Fairs or Markets for selling Leather The Penalty That all Red Tanned Leather made of the Hides or Skins of any of the Beasts aforesaid of what kind or nature soevâ—â— shall be bought onely in the open and common Fair or Market used for the putting of Leather to sale and not in any House Tanners Yard Shop or other place whatsoever on pain that such person or persons that shall not accordingly do the same shall for every such offence forfeit the same Leather or the value thereof and the contract for the sale thereof shall be void and all such Leather shall be Searched and Sealed by the Searchers and Sealers thereunto appointed before the same be put to Sale and upon such sale shall be Registred and a true Entry thereof made both by the Buyer and Seller who are both to be present at such Registring thereof and both their names and places of abode entred into the Book of the said Register on pain that every such Buyer or Seller that shall not accordingly do the same shall for every such offence forfeit the same Leather or the value thereof and the forfeiture shall be recovered and imployed in such manner as hereafter in this Act is directed Penalty for Transportation of any Leather or Raw-Hides And be it further Enacted by the Authority aforesaid That if any person or persons shall be found guilty of the Transportation of any Leather or Raw Hides of any of the Beasts aforesaid excepting such Calve-skins and Shéep-skins dressed without the Wooll as by Law may be Transported contrary to the provision of this Act he shall from thenceforth be disabled to Trade or Deal in Leather for the future and shall for every such offence forfeit the sum of Five hundred pounds to be
or other the Kings Officers thereof shall before the First day of June next take their respective Corporal Oath and Oaths for the true and faithful execution and discharge to the best of their knowledge and power of their several Trusts and Imployments committed to their charge and inspection And that no person or persons shall hereafter be imployed or put in trust in the business of the Customs untill he shall first have taken his Oath as aforesaid And the Commissioners and principal Officers in the Port of London and the principal Officers in all other the out-ports or any two of them are hereby authorized to administer and give to all and every person or persons such Oath and Oaths as aforesaid and to cause the same to be Entred and Registred in the Custom-house of every respective Port where the person so taking the Oath as aforesaid shall have his residence and imployment Provided also and be it Enacted by the Authority aforesaid Persons imployed about the Customs shall demand nor take any more then the fees due by Law That if any person imployed in his Majesties Customs shall demand or take any other or greater sum of money then by Law is now due or hereafter shall become due or shall put any Merchant or other person out of his turn without express order before or immediate approbation after from the person or persons who are or shall be appointed by his Majesty to manage his Customs or the superior Officers for the Customs or shall illegally detain the goods of any person or shall neglect or refuse to make re-payments and allowances which are or shall be due since the Four and twentieth day of June One thousand six hundred and sixty or shall not after notice given give out and execute his Warrant shall be lyable to double Costs and Damages And for the better increase of good and serviceable shipping Of what sise and burden Merchants Ships shall be and what men and ammunition they shall carry and securing the publick Trade and Commerce Be it Enacted by the Authority aforesaid That all and every Merchant or other person that shall after the Nine and twentieth day of September One thousand six hundred sixty and two Export any Goods or Merchandizes from any Port of this Kingdom capable of a Ship or Vessel of two hundred Tun upon an ordinary full Sea to any part or place of the Mediterranean Sea beyond the port of Malaga or Import any Goods or Merchandize from the ports or places aforesaid to any port of this said Kingdom in any Ship or Vessel that hath not two Decks and doth carry less then sixtéen pieces of Ordnances mounted together with two men for each Gun and other Ammunition proportionable shall pay to our Sovereign Lord the King for all and every the Wares and Merchandizes so Exported or imported One per centum over and above the Rates and Duties of Subsidy of Tonnage and Poundage otherwise due and payable for the same Any thing in this Act before contained to the contrary notwithstanding Provided always Proviso for Ships exporting Fish that it shall and may be lawful to export from any of his Majesties Dominions Fish into any of the Ports of the Mediterranean Sea aforesaid in any English Ship or Vessel whatsoever Provided that one moyety of her full lading be Fish only and in such case to Import any Wares or Merchandize in the same Ship for that Voyage without paying any other Rates or Duties of Tonnage or Poundage for the same then were heretofore accustomed And for the better encouragement of building good and Defensible Ships Be it Enacted Encouragemen◠for Building good and defensible Ships That all and every person or persons that shall within the space of Seven years from and after the Five and twentieth day of March One thousand six hundred sixty two build or cause to be built within any of his Majesties Dominions any Ship or Vessel of Thrée Decks or Two Decks and a half with a Fore-Castle and Five foot betwéen each Deck mounted with thirty pieces of Ordnance at least and other Ammunition proportionable shall for the first two Voyages which the said Ship or Ships make from his Majesties Dominions to any forreign parts have and receive to his and their own proper use and benefit one Tenth part of the Customs that shall be paid to His Majesty for all such Goods or Merchandizes as shall be Exported or Imported on the said Ship or Ships to and from this Kingdome And the Commissioners and Officers of His Majesties Customs are hereby impowered and required to pay the same to the Owner or Owners of the said Ship or Ships accordingly Salt brought out of Scotland to pay ob a Gallon Provided alwayes and be it hereby Declared and Enacted That from and after the Four and twentieth day of June One thousand six hundred sixty two All Salt which shall be brought out of the Kingdom of Scotland into this Kingdom the Dominion of Wales or Town of Berwick upon Tweed shall yield and pay and is hereby made chargeable to yield and pay unto the Kings Majesty One half penny upon every Gallon of such imported Salt of Winchester measure at the landing thereof Any thing in this present Act or any former or other Law Statute or Order to the contrary thereof in any wise notwithstanding CAP. XII For the better Relief of the Poor of this Kingdom The occasion of increase of Poor WHereas the necessity number and continual increase of the Poor not only within the Cities of London and Westminster with the Liberties of each of them but also through the whole Kingdome of England and Dominion of Wales is very great and excéeding burthensome being occasioned by reason of some defects in the Law concerning the setling of the Poor and for want of a due provision of the regulations of relief and imployment in such parishes or places where they are legally setled which doth enforce many to turn incorrigible Rogues and others to perish for want together with the neglect of the faithfull execution of such Laws and Statutes as have formerly béen made for the apprehending of Rogues and Vagabonds and for the good of the Poor For remedy whereof and for the preventing the perishing of any the Poor whether young or old for want of such supplies as are necessary May it please your most Excellent 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 Poor people going from one Parish to another and the Commons in this present Parliament Assembled and by the Authority of the same That whereas by reason of some defects in the Law poor people are not restrained from going from one Parish to another and therefore do endeavour to settle themselves in those Parishes where there is the best Stock the largest Commons or Wastes to
or seised by any person or persons Bodies Politick or Corporate and not having accounted for the same to any Authority or pretended Authority Vsurping the Government of this Nation and not pardoned by the Act of Oblivion That all such person or persons Bodies Politick or Corporate shall account and pay the same to his Royal Highness James Duke of York your Majesties onely Brother Lord High Admiral of England or Lord Warden of the Cinque Ports upon suit for the same in the High Court of Admiralty Any thing in this Act the absence of the Lord High Admiral during these late troubles or the persons not having béen imployed or authorized by the said Lord High Admiral to the contrary in any wise notwithstanding Provided alwayes and be it Enacted by the Authority aforesaid How in defect of Iurisdiction in the Admiralty suit may be in the Exchequer That in case of defect of Iurisdiction in the Court of Admiralty for the recovering and levying of any such Prizes Goods matters and things aforesaid That then in such case upon Certificate thereof from the said Court of Admiralty made into his Majesties Court of Exchequer spéedy procéedings shall be had in the said Court of Exchequer for the recovering and levying of the Prizes Goods matters and things aforesaid according to Law and Iustice CAP. XV. The Trade of Silk-throwing regulated VVHereas the Company of Silk-throwers within the City of London and Liberties The Silk-throwers of London incorporated by Patent 5 Car. 1. and all their Servants and Apprentices within four Miles thereof were quinto Caroli primi Incorporated and made one Body Politick and are known by the name of the Master Wardens Assistants and Commonalty of the Trade Art or Mystery of Silk-throwers of the City of London And whereas the said Trade is of singular use and very advantagious to this Commonwealth by imploying the poor there being imployed by the said Company in and about the City of London as is expressed in their Petition above forty thousand men women and children who otherwise would unavoidably be burthensome to the places of their aboad And whereas the present Governours of the said Company by their Petition pray an enlargement of their Charter whereby they may be the better enabled to avoid the many deceits and inconveniencies they daily méet withal by Intruders who have not béen brought up Apprentices to the said Trade and others who settle themselves beyond the limits of their said Charter on purpose to avoid the Searchers and Supervision of the said Governours by which means they are at liberty to make and vend what Wares they please to the disparagement of the said Trade and discouraging of the Petitioners and all others of the said Trade that have duly served Apprentice thereunto according to the known Laws of this Nation For remedy whereof 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 Authority of the same None shall use the trade of a silk-thrower but such as have served as apprentices seven years That from and after the twenty fifth day of December which shall be in the year of our Lord One thousand six hundred sixty and two no person or persons whatsoever shall directly or indirectly use exercise continue or set up the said Trade Art of Mystery of a Silk-thrower within this Realm of England unless such as are or shall be Apprentices to the said Trade or shall have served seven years Apprentiship thereunto at the least upon pain that every person so offending contrary to this Act shall pay The penalty forfeit and lose the sum of forty shillings for every moneth the said person shall use or exercise the said Trade the one moyety thereof to the use of his said Majesty his Heirs and Successors and the other moyety thereof to such person or persons as shall sue for the same in any of the Courts of Record within this Realm of England Before whom to be recovered or before any the Iustices of Oyer and Terminer or the Iustices of the Peace at their Quarter-Sessions of the Peace by Action of Debt Bill Plaint or Information or by any other lawful ways or means whatsoever wherein no Protection Wager of Law or Essoign shall be allowed And for the better enabling of the said Master Wardens Assistants and Commonalty of Silk-throwers and their Successors in their Government Be it further Enacted by the Authority aforesaid That all and every person and persons whatsoever now using or exercising as Masters the said Art Every person using the trade in London and Westminster shall enter himself of the said corporation And be subject to the laws orders thereof The penalty Trade or Mystery or such as have served as Apprentices to the said Trade by the space of seven years at the least within the said Cities of London and Westminster and the several Suburbs thereof or within twenty miles compass of them or either of them shall before the twenty fifth day of December which shall be in the year of our Lord one thousand six hundred sixty and two be admitted and are hereby enjoyned to enter themselves into the said Society or Corporation and to perform and be subject and obedient to all such Statutes Laws Orders Ordinances and Constitutions as are or shall be made or ordained for or concerning the Exercise Regulation or Government of the said Art Trade or Mystery or of any person or persons using or exercising the same upon pain of forfeiture of the sum of forty shillings for every moneth he or they shall use or exercise the said Trade after the said twenty fifth day of December One thousand six hundred sixty and two the one moyety thereof to the use of his said Majesty his Heirs and Successors and the other moyety thereof to such person and persons as shall sue for the same in any the Courts of Record within this Realm of England or before any the Iustices of Oyer and Terminer or the Iustices of Peace at their Quarter-Sessions of the Peace by Action of Debt Bill Plaint or Information or by any other lawful wayes or means whatsoever wherein no Protection Wager of Law or Essoin shall be allowed Provided That such Laws Orders Ordinances and Constitutions so made or which shall be made be not contrary but agréeable with the Laws and Statutes of this said Realm and the Customs of the said City of London The power of the masters wardens and assistants And be it further Enacted by the Authority aforesaid That the said Masters Wardens Assistants and Commonalty and their Successors shall and may have and enjoy and that it shall and may be lawful to and for them from time to time and at all times hereafter to do perform and execute within the said Cities of London and Westminster and the several Suburbs thereof
of any of 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 free consent as aforesaid Any Law Statute Custom or Vsage to the contrary notwithstanding Be it notwithstanding Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by the Authority of the same That from and after the Four and twentieth day of June in the year of our Lord How carriages shall be provided for his Majesties Navy and Ordnance One thousand six hundred sixty and two as often as the Service of his Majesties Navy or Ordnance shall require any Carriages by Land within the Kingdom of England and Dominion of Wales and Town of Berwick upon Tweed upon notice given in writing by Warrant under the hand and seal of the Lord High Admiral of England for the time being or under the hands and seals of two or more of the principal Officers or Commissioners of his Majesties Navy or under the hand and seal of the Master of his Majesties Ordnance for the time being or under the hand and seal of the Lieutenants of his Majesties Ordnance for the providing of Carriages for the respective service of the Navy or Ordnance unto two or more Iustices of the Peace dwelling near unto the place where the said Iustices of the Peace may and shall immediately issue forth their Warrants to such of the adjacent Parishes Hundreds or Divisions as they shall judge fit within their respective Counties and Divisions not being above Twelve Miles distant from the place of lading for the sending to a certain place and at certain times to be specified and appointed in the said Warrants such numbers of Carriages with Horses or Oxen sufficient for the said service as by the Lord high Admiral of England for the time being or by the Master or Lieutenant of his Majesties Ordnance for the time being or by the principal Officers or Commissioners of his Majesties Navy respectively as abovesaid shall be by writing under their hands and seals required the Owners of which Carriages or their Servants The rates allowed for carriages shall receive for every Load of Timber per mile one shilling for every reputed mile which they shall go laden and for other Provisions the summe of eight pence per mile for every Tun they shall carry And be it further Enacted by the Authority aforesaid That it may and shall be lawful for the Lord High Admiral of England for the time being by Warrant under his hand and seal and also for the principal Officers and Commissioners of his Majesties Navy by Warrants under the hands and seals of any two or more of them as also for the Master of his Majesties Ordnance for the time being by Warrant under his hand and seal and also for the Lieutenant of his Majesties Ordnance by Warrants under the hands and seals of either of them as often as the service of his Majesties Navy or Ordnance respectively shall require any Carriage by Water Impressing of persons ships vessels for carriages to appoint such person or persons as they shall judge fitting to Impress and take up such Ships Hoys Lighters Boats or any other Vessel whatsoever as shall be necessary for the Accommodation of his Majesties said service the Owners of which said Ships Hoys Lighters Boats or other Water-Carriage aforesaid or such as they shall appoint shall receive for the hire of every such Ship Hoy Lighter Boat or other Vessel per Tun according to the Rates usually paid by Merchants from time to time And in case his Majesties Officers and the Owners of such Ships Hoys Lighters Boats or other Vessels shall not agree on the said rates then the rate to be setled by the Brotherhood of Trinity-house of Deptford-Strand And be it further Enacted by the Authority aforesaid Penalty upon such as neglect or refuse That in case any of his Majesties Subjects of this Realm shall refuse or wilfully neglect after reasonable notice to make their appearance with such sufficient carriages by Land or to fit provide and furnish their Ships Hoys Lighters Boats or other Vessels for the service of his Majesties Navy or Ordnance as is before expressed or shall after they have undertaken such service neglect or delay the same that then upon due proof and conviction of such refusal or neglect by the Oath of the Constable or other Officer or two other credible witnesses before the said Iustices of Peace of the County or Mayor or other chief Officer of the City or Corporation where he or they inhabit which Oath they shall have power to administer for the Land-Carriages and for the Water-Carriages by the Oath of such person as shall be appointed by the Lord High Admiral the principal Officers or Commissioners of his Majesties Navy the Master of his Majesties Ordnance or the Lieutenant of his Majesties Ordnance as aforesaid or other two credible witnesses before the principal Officers or Commissioners of his Majesties Navy or Master or Lieutenant of his Majesties Ordnance respectively which Oath they shall have likewise power to administer the Party so refusing or neglecting shall for every such refusal or neglect forfeit the sum of Twenty shillings for the Land-carriage and for Carriage by Water treble the freight of such Ship or Vessel not excéeding Fifty pounds in the whole to the Kings Majesties use to be forthwith levied in default of payment upon demand by distress and sale of his Goods and Chattels by Warrant from the said Iustices of the Peace Mayor or other chief Officer or from the principal Officers or Commissioners of his Majesties Navy or Master or Lieutenant of his Majesties Ordnance respectively rendring to the Parties the overplus upon every such Sale if there shall be any the charge of distraining being first deducted The time of continuance in the service Provided always that no Horses Oxen Cart Wayn or other Land-Carriage shall be enforced to Travail more days Iourney from the place where they receive their lading or be compelled to continue longer in the imployment then shall be appointed by the Order of the said Iustices of the Peace and that ready payment shall be made in hand for the said Carriages at the place of lading without delay Present payment to be made according to the aforesaid Rates Provided always That in case any Iustice of the Peace Mayor chief Officer or Constable or any person or persons which shall be appointed by the Lord High Admiral the principal Officers or Commissioners of his Majesties Navy the Master of his Majesties Ordnance or the Lieutenant of his Majesties Ordnance as aforesaid respectively shall take any gift or reward to spare any person or persons No gifts or rewards may be taken by Iustices of the Peace
should sit and méet should have full Power and Authority to Hear Examine Order and Decrée all and every such Cause and Causes in a brief and summary course without formalities of pleadings or procéedings with Power to warn Parties to come before them and to examine upon Oath any Witnesses that should be produced and to commit to Prison any Person that should wilfully disobey their final Orders and Decrées And the Commissioners to sit once wéekly upon the Execution of the said Commission with a liberty in the said Act for any person grieved by any such Sentence or Decrée to exhibite his Bill in Chancery for the re-examination of such Sentence or Decrée as by the said Act relation being thereunto had more at large may appear But forasmuch as by the said recited Act without five Commissioners there cannot be a Court and without there be a Court they cannot procéed in the execution of their Commission so much as to summon Parties or Witnesses to appear And in case of neglect or refusal of any Party or Witness to appear they have no power to punish the delay or contempt with Costs or otherwise And it is provided by the said Act That not any Commissioner other then the Iudge of the Admiralty or the Recorder of London shall procéed in the execution of such Commission before he hath taken his Oath before the Lord Maior and Court of Aldermen to procéed uprightly and indifferently betwéen party and party which upon the renewing of the said Commission often proves a great delay there being so many Commissioners to be Sworn and the Court of Aldermen not sitting at sometimes in the year when the said Commissions have happened to be renewed And although the said Commissioners upon their final Sentence have power to commit to Prison any person that shall wilfully disobey their said Sentences or Decrées yet they have no power to make any Order against the Ship or Goods which commonly are the things assured by which Omissions for want of Power given by the said Act the benefits intended by the said Act of Parliament are much retarded and the mischiefs by the Act endeavoured to be prevented much increased For remedy whereof Be it Enacted and Ordained And it is hereby Enacted and Ordained by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled That from and after the Four and twentieth day of June which shall be in the year of our Lord One thousand six hundred sixty and two it shall and may be lawful to and for the Lord Chancellor or Lord Kéeper of the Great Seal of England for the time being Three Commissioners impowred to act to issue out yearly or oftner if néed require one standing Commission under the Great Seal of England thereby impowring and authorizing the said Commissioners or any thrée of them whereof a Doctor of the Civil Law or a Barrister at Law of five years standing at the least to be always one to meet and sit and make a Court and procéed in all things in the execution of the said Commission as before by the said Act any Five might have done And that the said Commissioners or any such thrée of them as aforesaid be and hereby are impowred to Summon Parties and Witnesses to appear and in case of contempt or wilful delay in the Witnesses upon the first Summons and tender of reasonable Charges and in the Parties upon their second Summons Costs to punish the Offenders by Imprisonment or Costs for such time and in such manner as shall be reasonable and according to the nature and quality of their offences And that it shall and may be lawful to and for every such Commissioner to procéed in the execution of the said Commission Lord Mayor of London may administer the Oath having first taken an Oath before the Lord Mayor of the City of London for the time being only to procéed uprightly and indifferently betwéen party and party And the said Lord Mayor is hereby Authorized to give such Oath Any thing in the said Act to the contrary notwithstanding And that no person shall procéed in Execution of the said Commission before he be first Sworn before the Lord Mayor of London for the time being to procéed uprightly and indifferently betwéen party and party as formerly he should have béen before the Lord Mayor and Court of Aldermen Be it also Enacted by the Authority aforesaid That in case the said Commissioners Commissions out of the Admiralty Court to examine Witnesses beyond Sea or any such thrée of them as aforesaid shall find cause to examine Witnesses beyond the Seas or any remote parts of his Majesties Dominions for the clearing of any doubt or matter before them depending that in such case by direction of the said Commissioners or any such thrée of them like Commissions or Process shall issue out of the Court of Admiralty as have formerly béen for the purposes aforesaid returnable before the said Commissioners And that the said Commissioners or any such thrée of them shall have also power to give and pass their final Sentence Decrée and Executions as well against the body of the party evicted or his goods as also against the Executors and Administrators of such party so evicted And to Assesse Costs of Suit upon such person or persons as shall be condemned by the Decrée of the said Court as to them shall séem Iust And forasmuch as many Witnesses as Sea-men and others come and spéedily go again to Sea Witnesses going to see how to be examined before before a Court can be summoned by which means the Assured and Assurers are many times much damnified For the preventing of which mischief Be it also Enacted by the Authority aforesaid That it shall and may be lawful to and for any one of the said Commissioners to Administer an Oath to any Witness legally summoned to give testimony timely notice being thereof given to the Adverse party and set up in the Office before such examination to the end such Witness or Witnesses may be cross-examined Provided always That the said Commissioners shall in no case procéed both against person and goods for one and the same debt And provided also Appeal to the Chancery That any thing in this Act contained shall not in any wise extend to prejudice the appeal to the High Court of Chancery given or allowed in the said former Act of Parliament CAP. XXIV An Act Declaratory concerning Bankrupts WHereas divers Noblemen Gentlemen and persons of quality no ways bred up to Trade or Merchandize do oftentimes put in great stocks of money into the East-India Company or Guiney Company and the Fishing Trade and such other publike Societies and receive the procede of those Stocks sometimes in ready monies sometimes in Commodities which they usually sell for money or exchange again by which means the Trade of those Companies is
hereby Enacted Comodities of the growth and manufacture of Europe how to be imported in English built shipping That from and after the five and twentieth day of March One thousand six hundred sixty four no Commodity of the Growth Production or Manufacture of Europe shall be Imported into any Land Island Plantation Colony Territory or Place to his Majesty belonging or which shall belong hereafter unto or be in the Possession of his Majesty his Heirs and Successors in Asia Africa or America Tangier only excepted but what shall be bona fide and without fraud Laden and Shipped in England Wales or the Town of Berwick upon Tweed and in English built Shipping or which were bona fide bought before the first day of October One thousand six hundred sixty and two and had such Certificate thereof as is directed in one Act passed the last Sessions of this present Parliament Entituled 14 Car. 2. c. 11 An Act for preventing Frauds and regulating Abuses in His Majesties Customs and whereof the Master and thrée Fourths of the Mariners at least are English and which shall be carried directly thence to the said Lands Islands Plantations Colonies Territories or Places and from no other place or places whatsoever Any Law Statute or Vsage to the contrary notwithstanding The penalty under the Penalty of the loss of all such Commodities of the Growth Production or Manufacture of Europe as shall be imported into any of them from any other place whatsoever by Land or Water And if by water of the ship or vessel also in which they were Imported with all her Guns Tackle Furniture Ammunition and Apparel one third part to his Majesty his Heirs and Successors one third part to the Governor of such Land Island Plantation Colony Territory or place into which such Goods were Imported if the said ship vessel or goods be there seised or informed against and sued for Or otherwise That third part also to his Majesty his Heirs and Successors and the other third part to him or them who shall seise inform or sue for the same in any of his Majesties Courts in such of the said Lands Islands Colonies Plantations Territories or Places where the Offence was committed or in any Court of Record in England by Bill Information Plaint or other Action wherein no Essoign Protection or Wager in Law shall be allowed Provided always and be it hereby Enacted by the Authority aforesaid That it shall and may be lawful to ship and lade in such ships and so navigated as in the foregoing Clause is set down and expressed in any part of Europe Salt for the Fisheries of New-England and New-found-land Salt for Fisheries and to ship and lade in the Madera's Wines of the growth thereof and to ship and lade in the Western Islands or Azores Wines of the growth of the said Islands and to ship and take in Servants or Horses in Scotland or Ireland and to ship or lade in Scotland all sorts of Victual of the Growth or Production of Scotland and to ship or lade in Ireland all sorts of Victual of the Growth or Production of Ireland and the same to Transport into any of the said Lands Islands Plantations Colonies Territories or places Any thing in the foregoing Clause to the contrary in any wise notwithstanding And for the better prevention of Frauds Be it Enacted and it is hereby Enacted Prevention of frauds That from and after the five and twentieth day of March One thousand six hundred sixty and four every person or persons importing by Land any Goods or Commodities whatsoever into any the said Lands Islands Plantations Colonies Territories or Places shall deliver to the Governour of such Land Island Plantation Colony Territory or Place or to such person or Officer as shall be by him thereunto authorized and appointed within four and twenty hours after such Importation his and their Names and Sirnames and a true Inventory and particular of all such Goods or Commodities And no Ship or Vessel coming to any such Land Island Plantation Colony Territory or Place shall lade or unlade any Goods or Commodities whatsoever until the Master or Commander of such Ship or Vessel shall first have made known to the Governour of such Land Island Plantation Colony Territory or Place or such other person or Officer as shall be by him thereunto authorized and appointed the arrival of the said Ship or Vessel with her Name and the Name and Sirname of her Master or Commander and have shewen to him that she is an English-built Ship or made good by producing such Certificate as abovesaid that she is a Ship or Vessel bona fide belonging to England Wales or the Town of Berwick and navigated with an English Master and thrée fourth parts of the Mariners at least English-men and have delivered to such Governour or other person or Officer a true and perfect Inventory or Invoyce of her Lading together with the place or places in which the said Goods were laden or taken into the said Ship or Vessel under the pain of the loss of the Ship or Vessel with all her Guns Ammunition Tackle Furniture and Apparel and of all such Goods of the growth Production or Manufacture of Europe as were not bona fide laden and taken in in England Wales or the Town of Berwick to be recovered and divided in manner aforesaid And all such as are Governours or Commanders of any the said Lands Islands Plantations Colonies Territories or Places Tangier only excepted shall before the Five and twentieth day of March One thousand six hundred sixty and four and all such as shall hereafter be made Governours or Commanders of any of them shall before their entrance upon the Execution of such trust or charge take a solemn Oath before such person or persons as shall be authorized by his Majesty his Heirs and Successors to administer the same to do their utmost within their respective Governments or Commands to cause to be well and truly observed what is in this Act Enacted in relation to the Trade of such Lands Islands Plantations Colonies Territories and Places under the penalty of being removed out of their respective Governments and Commands And if any of them shall be found after the taking of such Oath to have wittingly and willingly offended contrary to what is by this Act required of them That they shall for such offence be turned out of their Governments and be incapable of the Government of any other Land Island Plantation or Colony and moreover forfeit the sum of one thousand pounds of lawful money of England the one moyety to his Majesty his Heirs and Successors and the other moyety to him or them that shall inform or sue for the same in any of his Majesties Courts in any of the said Plantations or in any Court of Record in England wherein no Essoign Protection or Wager in Law shall be allowed Penalty upon Officers of the Customs And it is
hereby further Enacted That if any Officer of the Customs in England Wales or Town of Berwick upon Tweed shall give any Warrant for or suffer any Sugar Tobacco Ginger Cotton-wool Indico Speckle-wood or Jamaica Wood Fustick or other Dying Wood of the growth of any of the said Lands Islands Colonies Plantations Territories or Places to be carryed into any other Countrey or place whatsoever until they have béen first unladen bona fide and put on shore in some Port or Haven in England or Wales or in the Town of Berwick That every such Officer for such offence shall forfeit his place and the value of such of the said goods as he shall give Warrant for or suffer to pass into any other Countrey or place the one moyety to his Majesty his Heirs and Successors and the other moyety to him or them that shall inform or sue for the same in any Court of Record in England or Wales wherein no Essoign Protection or Wager in Law shall be allowed Encouragement of Plantations and encrease of Shipping And for the better encouragement of the said Plantations and the increase of the Shipping and Navigation of this Kingdom Be it Enacted and it is hereby Enacted by the Authority aforesaid That from and after the five and twentieth day of March one thousand six hundred sixty and four it shall and may be lawful out of any Port of England or Wales or out of the Town of Berwick Sea-coals to ship and lade Sea-coals for any part of them paying for the Chalder Newcastle measure one shilling eight pence and for the Chalder London-measure one shilling and no more in full of all Custom and Poundage for the same Any Law Statute or Prohibition to the contrary in any wise notwithstanding Provided That such Sea-coals be shipped in such shipping and so Navigated as abovesaid And that good security be given to the Officers of the Customs in such Port in which they are shipped for the landing them in the said Plantations and not elswhere And forasmuch as several considerable and advantagious Trades cannot be conveniently driven and carried on without the Species of Money or Bullion and that it is found by experience that they are carried in greatest abundance as to a common Market to such places as give frée liberty for exporting the same and the better to kéep in and increase the current Coins of this Kingdom Be it Enacted and it is hereby Enacted That from and after the first day of August one thousand six hundred sixty and thrée it shall and may be lawful to and for any person or persons whatsoever to Export out of any Port of England or Wales in which there is a Customer or Collector or out of the Town of Berwick all sorts of Foreign Coyn or Bullion of Gold or Silver Foreign coin or bullion may be exported first making entry thereof in such Custom-house respectively without paying any Duty Custom Poundage or Fée for the same Any Law Statute or Vsage to the contrary notwithstanding And lastly Whereas a very great part of the richest and best Land of this Kingdom is and cannot so well be otherwise imployed and made use of as in the Féeding and Fattening of Cattel And that by the coming in of late of vast numbers of Cattel already fatted such Lands are in many places much fallen and like daily to fall more in their Rents and Values and in consequence other Lands also to the great prejudice detriment and impoverishment of this Kingdom Be it further Enacted by the Authority aforesaid and it is hereby Enacted That for every head of great Cattel except such as are of the bréed of Scotland that shall be imported or brought into England Penalties upon importation of Foreign cattel at certain times Wales or the Town of Berwick upon Tweed after the first day of July and before the twentieth day of December in any year And for every head of great Cattel of the bréed of Scotland that shall be imported or brought into England Wales or the Town of Berwick after the four and twentieth day of August and before the twentieth day of December in any year there shall be paid to his Majesty his Heirs and Successors the sum of twenty shillings And the sum of ten shillings to him or them that shall inform or seise the same And the sum of ten shillings to the Poor of the Parish where such Seisure or Information shall be made to be recovered and levied by Bill Plaint or other Action wherein no Essoign Protection or Wager in Law shall be allowed And moreover That there shall be paid to his Majesty his Heirs and Successors for every Shéep which shall be Imported into England Wales or the Town of Berwick aforesaid after the First day of August and before the Twentieth day of December in any year the sum of Ten shillings of lawful money of England to be recovered and levied in manner aforesaid Provided always That this Act in so far as it relates to great Cattel or Shéep The continuance of this Act as to importation of cattel Encouragement of Herring Fisheries shall not take place till the First day of July One thousand six hundred sixty and four nor continue longer then the end of the First Session of the next Parliament And for the encouragement of the Herring and North-Sea Island and Westmony Fisheries Be it Enacted and it is hereby Enacted by the authority aforesaid That from and after the First day of August which shall be in the year of our Lord One thousand six hundred sixty and four no Fresh Herring Fresh Cood or Haddock Coal-fish or Gull-fish shall be Imported into England Wales or the Town of Berwick but in English-built Ships or Vessels or in Ships or Vessels bona fide belonging to England Wales or the Town of Berwick and having such Certificate thereof as is abovesaid and whereof the Master and thrée Fourths at the least of the Mariners are English and which hath béen fished caught and taken in such Ships or Vessels and so navigated and not being â—ought or had of any strangers born or out of any strangers Bottoms under the pain of the forfeiture of all such Herring Codd Haddock Coal-fish or Gull-fish impâ—â—ted contrary to the true intent and meaning hereof and of the Ship or Vessel in which it was Imported One moyety of which forfeitures shall be to his Majesty his Heirs and Successors and the other moyety to him or them that shall inform seise or sue for the same to be recovered by Bill Plaint or other Action wherein no Essoign Protection or Wager in Law shall be allowed And be it further Enacted and it is hereby Enacted by the Authority aforesaid Duties to be paid upon importation of salted or dried Fish That for the following sorts or kinds of salted or dried Fish which from and after the said First day of August shall be imported into England Wales or
the Town of Berwick in any other Ship or Vessel then what is English-built or belonging to England Wales or Town of Berwick and having such Certificate thereof as abovesaid and whereof the Master and thrée fourths of the Mariners at least are English and not having béen fished and caught in such Ships or Vessels and so navigated there shall be paid by way of Custom and Impost the several sums of money herein after particularly mentioned that is to say for Cod-fish the Barrel Five shillings for Cod-fish the last containing twelve Barrels Thrée pounds for Cod-fish the hundred containing sixscore Ten shillings for Coal-fish the hundred containing sixscore Five shillings for Lings the hundred containing sixscore One pound for White Herrings the Last containing twelve Barrels One pound sixtéen shillings for Haddocks the Barrel Two shillings for Gull-fish the Barrel Two shillings And forasmuch as planting and making Tobacco within this Kingdom of England doth continue and increase to the apparent loss of his said Majesty in his Customs the discouragement of the English Plantations in the parts beyond the Seas and prejudice of this Kingdom in general notwithstanding an Act of Parliament made in the Twelfth year of his said Majesties Reign for prevention thereof Entituled An Act for prohibiting the Planting Setting 12 Car. 2. cap. 34. The further penalty for planting Tobacco in England or Sowing of Tobacco in England and Ireland And forasmuch as it is found by experience that the reason why the said planting and making of Tobacco doth continue is That the penalties prescribed and appointed by that Law are so little as have neither power or effect over the transgressors thereof For remedy therefore of so great an evil Be it Enacted by the Authority aforesaid That all and every the person or persons whatsoever that do or shall at any time hereafter Set Plant or Sow any Tobacco in Séed Plant or otherwise in or upon any ground field earth or place within the Kindom of England Dominion of Wales Islands of Guernsey and Jersey or Town of Berwick upon Tweed or Kingdom of Ireland shall over and above the penalty of the said Act for that purpose ordained for every such offence forfeit and pay the sum of Ten pounds for every Rod or Pole of ground that he or they shall so Plant Set or Sow with Tobacco and so proportionably for a greater or lesser quantity of ground one third part thereof to the Kings Majesty one other third part thereof to the use of the poor of such respective Parish or Parishes wherein such Tobacco shall be so Planted Set or Sowed and the other third part thereof to him or them that shall sue for the same to be recovered by Action of Debt Bill Plaint or Information in any of his said Majesties Courts of Record at Westminster wherein no Essoign Protection or Wager of Law shall be allowed And it is hereby further Enacted That in case any person or persons shall resist or make forceable opposition against any person or persons in the due and through Execution of the said Act of the Twelfth of his said Majesties Reign that he she or they so resisting and making forceable opposition shall over and above the penalties therein mentioned for such Offences be committed to the Common Gaol of the County where such offence shall be committed there to remain without Bail or Mainprise untill he she or they have entred into a Recognizance to his Majesty his Heirs and Successors with two sufficient Sureties of Ten pounds penalty not to do or commit the like offence again Proviso for Tobacco planted in Physick Gardens Provided alwayes That this Act nor any thing therein contained shall not extend to the hindrance or prejudice of Planting Tobacco in any Physick-Garden of either of the Vniversities or any other private Garden for Chirurgery so as the quantity so planted excéed not the half of one Pole in any one place or Garden Cattel imported from the Isle of Man Provided also and be it Enacted That it shall and may be lawful to import Cattel of the bréed of the Isle of Man not excéeding six hundred in any one year And Corn of the growth of that Island out of that Island into England so as the said Cattel be landed at Chester Liverpool or Wirewater Any thing in this Act to the contrary thereof in any wise notwithstanding CAP. VIII Butchers may not sell live fat Cattel 3 4 E. 6. cap. 19. VVHereas by an Act made in the Third and Fourth years of the Reign of King Edward the Sixth It is Enacted That no Person using the Craft or Mystery of a Butcher should buy any fat Oxen Stéers Runts Kine Heisers Calves or Shéep and sell the same again alive upon pain of forfeiture of the Cattel so sold which Law hath not wrought such effectual Reformation as was intended by reason of the difficulty in the proof of such Buying and Selling being for the most part at places far distant if not in several Counties by means whereof the Parties so offending have escaped unpunished 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 Assemâ—led and by Authority of the same That no Person using the Trade of a Butcher shall at any time from and after the Feast of Saint Michael the Arch-Angel next ensuing Sell Offer or Expose to sale in any Market or elsewhere either by himself or any Servant or Agent whatsoever any fat Oxen Stéers Runts Kine Heifers Calves Shéep or Lambs alive upon pain to forfeit the double Value of the Cattel so Sold or Offered Penalty upon Butchers for selling live fat cattel or Exposed to Sale as aforesaid The one moyety of which forfeiture shall be to the Kings Majesty his Heirs and Successors and the other moyety to him or them that will sue for the same in any of his Majesties Courts of Record by Bill Plaint Action of Debt or Information wherein no Essoign Protection or Wager of Law shall be allowed CAP. IX Four intire Subsidies granted to His Majesty by the Temporalty EXP. CAP. X. An Act for Confirming of Four Subsidies Granted by the Clergy EXP. CAP. XI An Additional Act for the better Ordering and Collecting the Duty of Excise and preventing the Abuses therein 12 Car. 2. cap. 24. FOr the preventing of the Frauds and Deceits of Brewers and other persons who make Béer and Ale and other Exciseable Liquors to sell and of the abuses committed by the Officers Collectors and Managers of the Excise to the great decay of his Majesties Revenue of Excise and obstruction of the due and orderly Collecting of the same and for supply and amendment of certain defects in the Laws and Statutes relating to the Duty of Excise as well for the support and advance of the said Revenue as for the ease of the People Be it Enacted
and by the Authority thereof That from and after the first day of October next ensuing It shall and may be lawful for any person or persons whatsoever Native or Foreigner fréely and without paying any Acknowledgement Fee or other Gratuity for the same in any place of England and Wales In the occupation of dressing and ustng of Hemp and Flax. priviledged or unpriviledged Corporate or not Corporate to set up and exercise the Trade Occupation or Mystery of breaking hickling or dressing of Hemp or Flax as also for making and whitening of Thread as also of Spinning Weaving Making Whitening or Bleching of any sort of Cloth whatsoever made of Hemp or Flax only As also the Trade Occupation or Mystery of making of Twine or Nets for Fishery or of Stoving of Cordage As also the Trade Making of tapestry hanginge Foreigners may use those trades and enjoy all priviledges as natura born subjects Oath of Allegeance and Supremacy Occupation or Mystery of making any sort of Tapistry-Hangings Any Law Statute or Vsage to the contrary in any wise notwithstanding And all Foreigners that shall really and bona fide set up and use any of the Trades and Manufactures aforesaid by the space of thrée years in this Kingdom of England Dominion of Wales and Town of Berwick upon Tweed shall from thenceforth taking the Oaths of Allegiance and Supremacy before two Iustices of the Peace near unto their dwellings who are hereby authorized to administer the same enjoy all Priviledges whatsoever as the Natural born Subjects of this Kingdom And it is hereby Enacted and Declared That such Foreigners as shall exercise any of the Trades aforesaid by vertue of this Act shall not at any time be lyable to any other or greater Taxes Payments or Impositions then such as are or shall be paid by his Majesties Natural born Subjects unless in case they shall use and exercise Merchandize into and from Foreign parts in which case they shall be lyable to pay such Customs as have usually béen paid by Aliens during the space of Five years next ensuing and no longer CAP. XVI Herring and other Fisheries Regulated And a Repeal of the Act concerning Madder FOr the prevention of abuses in the packing and ordering of Herrings and bringing that Commodity into Credit in Foreign parts beyond the Seas Be it Enacted and it is hereby Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by the Authority of the same That from and after the first day of August One thousand six hundred sixty four No white or red Herrings of English catching shall be put to sale in England Wales How herrings shall be packed or in the Town of Berwick upon Tweed but what shall be packed in lawful Barrels or Vessels and which shall be well truly and justly laid and packed And shall be of one time of Taking Salting Saving or Drying and equally well packed in the midst and every part of the Barrel or Vessel and by a sworn Packer And the Barrel or Vessel marked or branded by such sworn Packer with a mark or brand denoting the gage of the Barrel or Vessel and the quantity quality and condition of the Herrings packed therein and the Town or place where they were packed And the Bailiffs of Great Yarmouth for the time being and the Mayor Bailiffs or other Head-Officer for the time being of every Port Haven or Créek out of which any vessels or ships do procéed to fish for Herrings are hereby authorized and required before the first day of July Able packers to be appointed and sworn in the year One thousand six hundred sixty four and before the first day of July in every year after to appoint for their respective Haven Port or Créek a competent number of able and experienced Packers to view and pack all such white or red Herrings of English catching as shall be brought into their Port Haven or Créek and well and truly to mark and brand the Barrels or Vessels into which they shall be packed with such mark or brand as is above directed and to administer to them yearly an Oath which Oath they are hereby authorized and appointed to give to them for the well and true doing thereof according to this Act. Penalty for not appointing and swearing packers And in case the said Bailiffs of Great Yarmouth or the Mayor Bailiffs or other Head-Officer for the time being of any such Port Haven or Créek shall not appoint and swear such Packers before such time in every year as is by this Act required they shall for every default forfeit the sum of One hundred pounds of lawful money of England one moyety to his Majesty his Heirs and Successors and the other moyety to him or them that shall inform or sue for the same in any Court of Record by Bill Plaint or other Action wherein no Essoign Protection or Wager in Law shall be allowed And for the better regulating of the Island and Westmony Fisheries Weâ—y Island and Preservation of the Spawn of fish there Be it Enacted and it is hereby Enacted by the Authority aforesaid That from and after the five and twentieth day of December One thousand six hundred sixty thrée no ship or vessel shall procéed upon a Fishing-Voyage for Island or Westmony out of any Port Haven or Créek in England or Wales or out of the Port of Berwick upon Tweed until the tenth day of March in any year upon the pain of the forfeiture of every such ship or vessel with all her Furniture Tackle and Apparel and of all the fish caught in such ship or vessel And it is hereby further Enacted by the Authority aforesaid That no person or persons whatsoever do collect levy or take or cause to be collected levyed or taken in New-found-land any Toll New-found-land or other duty of or for any Cod or Poor John or other fish of English catching under pain of the loss of double the value of what shall be by them levied collected or taken or caused to be collected levied or taken And that no Planter or other person or persons whatsoever do cast or lay any Seme or other Net in or near any Harbour in New-found-land whereby to take the spawn or young Fry of the Poor John or for any other use or uses except for the taking of Bait only upon pain of the loss of all such Semes or Nets and of the fish taken in them or of the value thereof to be recovered in any of his Majejesties Courts in New-found-land or in any Court of Record in England or Wales by Bill Plaint or other Action wherein no Essoign Protection or Wager in Law shall be allowed And it is hereby further Enacted by the Authority aforesaid That no Planter or other person or persons whatsoever None may destroy houses or spoil nets c.
for fishing in New-found-land The penalty shall burn destroy or steal any Boat Cask Salt Nets or other Vtensils for Fishing or making of Oyl or other goods or Merchandize left in any Harbour in New-found-land or Greenland by English or burn pull down or destroy any house built by English in New-found-land or Greenland to live in during the Fishing season or Stage built by them in either of the said places for the saving or ordering of Fish or making of Oyl upon pain of the loss of double the value of what shall be by them stoln burnt or destroyed to be recovered in any of his Majesties Courts in New-found-land or Greenland respectively or in any Court of Record in England by Bill Plaint or other Action wherein no Essoign Protection or Wager in Law shall be allowed A repeal of the Statute concerning Madder 14 Car. 2. c. 30 And whereas upon the humble Petition and complaint of the Merchants and Salters of the City of London it doth appear That some sorts of Madder very useful for Dying cannot be Imported so pure and clean as by one Act passed the last Session of this present Parliament Intituled An Act for the Importation of Madder pure and unmixed is directed and appointed Be it Enacted and it is hereby Enacted by the Authority aforesaid That the said Act and every Clause and Thing therein contained be from henceforth utterly void and repealed to all intents purposes and Constructions whatsoever CAP. XVII An Act for setling the Dreining of the Great Level of the Fenns called Bedford Level VVHereas certain Moors Marshes Fenny and Low surrounded Grounds within the Counties of Northampton Norfolk Suffolk Lincoln Cambridg and Huntington and the Isle of Ely were called the Great Level of the Fenns And after several fruitless undertakings for Dreining the same were upon the Desires of many persons of Worth and Interessed in the same declared to be a Great and Noble Work and of much Concernment to the whole Countrey and at their earnest desire undertaken to be Dreined by Francis late Earl of Bedford according to a Law of Sewers made at Kings Lynne in the sixth year of the Reign of the late King Charles of glorious memory which said Level is bounded as followeth viz. Eastward from the Bridg and Cawsey of Stoake unto Brandon-Bridg upon the Vplands of Northold Methold Feltwell Hockwold and Wilton in the County of Norfolk and from Brandon-Bridg unto the end of Worlington-Load upon Mildenhall River The great level of the fens how bounded upon the Vplands of Brandon the Low grounds of Wainsford excluding the same the Vplands of Sakingheath the Low grounds of Earsewell excluding the same And the Vplands of Mildenhall in the County of Suffolk Southward from Worlington-Load unto Burwell Block upon the Vplands of Freckingham Istham Fordham Soham and Wickin in the County of Cambridg and excluding the Low grounds of Burwell Landward and other places lying Eastward from Burwell Block aforesaid and from thence unto the Mill near Anglisey Abby upon the Vplands of Burwell Reach Swaffham Pryor Swaffham Bulbeck and Botsham in the County of Cambridg and from thence unto the Ferry-place at Clayhith upon the Vplands called Quyhall the Low Ground called Low-Fenne and the Vplands of Hormingsey and Clayhith in the said County excluding the Low grounds called Low Fenne and Offenne and from the said Ferry-place unto Over-Load upon the Vplands of Water-Beach Cottenham Rampton Winelingham and Over in the said County of Cambridg and upon the Low grounds of Swacy in the said County excluding the same Westward from Erith unto the Dam lately made upon the River Neane near Standground upon the Vplands of Somersham and the Soake thereof Warbois Wistow Berry Ramsey Upwood Raveley Wood-walton Sawtrey Connington Glatton and Holme Caldecott Denton Stilton Yaxley Fasset and Standground in the County of Huntington excluding the Low grounds lying on the North side of the River of Owse above Erith and from the said Dam unto Peterborough Bridg upon the said River of Neane and from thence unto the Ferry-place near Waldron Hall upon the Vplands of Peterborough and the Soake thereof in the County of Northampton and Northward from the said Ferry-place near Waldron Hall unto Crowland Bridg upon the River of Welland and from thence to Dowsedale upon the Bank of Great Porland and from thence unto Guyhurne upon the Southea Bank and from thence unto Tilnehurne upon the Bank of the Fenne Ground called Waldersea and from thence unto Elme Leame at Grangers House upon the Bank of the Fenne Ground called Coldham and from thence unto the River of Neane near Thurlings in Upwell upon the Bank of Needham called Bishops Dike and from thence unto Weil Creek at the North-west corner of Wassingham Fenne upon the Bank of the Grounds in Upwell and Outwell called Playfield and Churchfield excluding the aforesaid Fennes and Grounds called Waldersea Coldham Needham Playfield and Churchfield and from thence unto Salters-Load upon the New Podyke Bank and from thence unto the mouth of the River Wissey upon the River Owse and from thence unto Helgey Bridg upon the River Wissey and from thence unto the Vplands at the end of the Bank of the Grounds late of Edmond Skipwith Esquire deceased upon the said Bank and from thence unto Stoake Bridg upon the Vplands of Roxham Deereham Weereham Wretton and Stoake in the said County of Norfolk Except the imbanked Grounds late of Edmond Skipwith Esquire lying on the North side of the River of Owse And whereas the said Francis late Earl of Bedford was to have for his recompence of effecting that difficult work onely Ninety five thousand Acres of the said Grounds with convenient High-wayes and Passages to the same And the New River Cutts and Dreynes to be made by the said Earl and his Assigns and the Banks of the same and the Forelands in the inside of the said Banks not to exceed Sixty foot in breadth Which was a work of so Great and Publick Concernment that his said late Majesty gave great Encouragement to the said Francis late Earl of Bedford and others whom he had taken in to be Adventurers and Participants with him therein upon the Covenants Conditions and Agréements contained and specified in and by a certain Indenture of Fourtéen parts bearing date the seven and twentieth day of February in the seventh year of the Reign of his said late Majesty and his Royal Assurance to further it by his Concurrence to an Act of Parliament for establishing thereof and did by Letters Patents under the Great Seal of England Incorporate the said late Earl his Adventurers and Participants to have Succession for ever and in order to the effecting thereof the said late Earl and his Adventurers and Participants bestowed great sums of money for perfecting the same and after his death and some interruptions William now Earl of Bedford son and heir to the said Earl Francis with divers of his Adventurers and Participants
this Act in the exercise of Religion differing from the Rites of the Church of England then every such Kéeper of a Gaol or House of Correction shall for every such offence forfeit the sum of Ten pounds to be Levied Raised and Disposed by such persons The Penalty and in such manner as the penalties for the first and second offences against this Act are to be Levied Raised and Disposed Provided always That no person shall be punished for any offence against this Act Within what time offenders must be prosecuted unless such Offender be prosecuted for the same within Thrée moneths after the offence committed And that no person who shall be punished for any offence by vertue of this Act shall be punished for the same offence by vertue of any other Act or Law whatsoever Provided also and be it Enacted Marryed women how to be punished That Iudgement of Transportation shall not be given against any Feme-Covert unless her husband be at the same time under the like Iudgement and not discharged by the payment of money as aforesaid but that instead thereof she shall by the respective Court be committed to the Goal or House of Correction there to remain without Bail or Mainprise for any time not excéeding Twelve moneths unless her Husband shall pay down such sum not excéeding Forty pounds to redéem her from Imprisonment as shall be imposed by the said Court the said sum to be disposed by such persons and in such manner as the Penalties for the first and second offence against this Act are to be disposed Provided also and be it Enacted by the Authority aforesaid That the Iustices of the Peace How Iustices of the Peace may enter into houses suspected for Conventicles and chief Magistrate respectively Impowered as aforesaid to put this Act in execution shall and may with what aid force and assistance they shall think fit for the better execution of this Act after refusal or denial Enter into any House or other place where they shall be informed and such Conventicle as aforesaid is or shall be held Provided That no Dwelling-house of any Péer of this Realm The houses of Peers whilst he or his Wife shall be there resident shall be searched by vertue of this Act but by immediate Warrant from His Majesty under His Sign Manual or in the presence of the Lieutenant or one of the Deputy-Lieutenants or two Iustices of the Peace whereof one to be of the Quorum of the same County or Riding Nor shall any other Dwelling-house of any Péer or other person whatsoever be entred into with force by vertue of this Act but in the presence of one Iustice of the Peace or chief Magistrate respectively except within the City of London where it shall be lawful for any such other Dwelling-house to be entred into as aforesaid in the presence of one Iustice of the Peace Alderman Deputy-Alderman or any one Commissioner of the Lieutenancy for the City of London Provided also and be it Enacted by the Authority aforesaid What persons may be not committed to the house of Correction That no person shall by vertue of this Act be committed to the house of Correction that shall satisfie the said Iustices of the Peace or Chief Magistrate respectively That he or she and in case of a Feme-Covert that her Husband hath an Estate of Frée-hold or Copy-hold to the value of Five pounds per annum or personal estate to the value of Fifty pounds Any thing in this Act to the contrary notwithstanding And in regard a certain Sect called Quakers and other Sectaries Persons served with Process refusing to take an Oath 14 Car. 2. cap. 1. are found not only to offend in the matters provided against by this Act but also to obstruct the procéeding of Iustice by their obstinate refusal to take Oaths lawfully tendered unto them in the ordinary course of Law Therefore be it further Enacted by the Authority aforesaid That if any person or person being duly and legally served with Process or other Summons to appear in any Court of Record except Courts-Léet as a Witness or returned to serve of any Iury or ordered to be examined upon Interrogatories or being present in Court shall refuse to take any Iudicial Oath legally tendered to him by the Iudge or Iudges of the same Court having no legal Plea to justifie or excuse the refusal of the same Oath or if any person or persons being duly served with Process to answer any Bill exhibited against him or them in any Court of Equity or any Suit in any Court Ecclesiastical shal refuse to answer such Bill or Suit upon his or their Corporal Oath in cases where the Law requires such answer to be put in upon Oath or being summoned to be a Witness in any such Court or ordered to be examined upon Interrogatories shall for any cause or reason not allowed by Law refuse to take such Oath as in such cases is required by Law That then and in such case the several and respective Courts wherein such refusal shall be made shall be The Penalty and are hereby enabled to Record Enter or Register such refusal which Record or Entry shall be and is hereby made a Conviction of such offence And all and every person and persons so as aforesaid offending shall for every such offence incur the Iudgement and Punishment of Transportation in such manner as is appointed by this Act for other offences Provided always That if any the person or persons aforesaid shall come into such Court How such persons may be acquitted and take his or their Oath in these words I do swear that I do not hold the taking of an Oath to be unlawful nor refuse to take a◠Oath on that account Which Oath the respective Court and Courts aforesaid are hereby authorized and required forthwith to tender administer and register before the Entry of the Conviction aforesaid or shall take such Oath before some Iustice of the Peace who is hereby authorized and required to administer the same to be returned into such Court such Oath so made shall acquit him or them from such punishment Any thing herein to the contrary notwithstanding Provided always That every person convicted as aforesaid in any Courts aforesaid other then His Majesties Court of Kings Bench or before the Iustices of Assize or General Gaol-Delivery shall by Warrant conteining a Certificate of such Conviction under the hand and seal of the respective Iudge or Iudges before whom such Conviction shall be had be sent to some one of His Majesties Gaols in the same County where such Conviction was had there to remain without Bail or Mainprize until the next Assizes or General Gaol-Delivery where if such person so convicted shall refuse to take the Oath aforesaid being tendered unto him by the Iustice or Iustices of Assize or Gaol-Delivery then such Iustice or Iustices shall cause Iudgement of Transportation to be
the Land and if any thing be done to the contrary it shall be void in Law and holden for error And by another Statute made in the six and thirtieth year of the same King Edward the Third 36 E. 3. c. 15. It is amongst other things Enacted That all pleas which shall be pleaded in any Courts before any the Kings Iustices or in his other places or before any of his other Ministers or in the Courts and places of any other Lords within the Realm shall be entred and inrolled in Latine And whereas by the Statute made in the third year of King Henry the seventh 3 H. 7. cap. 1. power is given to the Chancellor the Lord Treasurer of England for the time being and the Kéeper of the Kings Privy Seal or two of them calling unto them a Bishop and a Temporal Lord of the Kings most Honourable Councel and the two Chief Iustices of the Kings Bench and Common Pleas for the time being or other two Iustices in their absence to procéed as in that Act is expressed for the punishmâ—â—â— of some particular offences therein mentioned And by the Statute made in the One and tâ—â—ntieth year of King Henry the Eighth 21 H. 8. cap. 20 The President of the Councel is associated to joyn with the Lord Chancellor and other Iudges in the said Statute of the third of Henry the seventh mentioned But the said Iudges have not kept themselves to the points limited by the said Statute but have undertaken to punish where no Law doth warrant and to make Decrées for things having no such Authority and to inflict heavier punishments then by any Law is warranted All matters â—â—â—minable in 〈◊〉 Star-Chamber maâ— be â—â—â—â—â—nable and 〈◊〉 â—â—o by the Common Law And forasmuch as all matters examinable or determinable before the said Iudges or in the Court commonly called the Star-Chamber may have their proper remedy and redress and their due punishment and correction by the Common Law of the Land and in the Ordinary course of Iustice elswhere and forasmuch as the reasons and motives inducing the erection and continuance of that Court do now cease and the procéedings Censures and Decrées of that Court have by experience been found to be an intolerable burthen to the Subject and the means to introduce an Arbitrary Power and Government And forasmuch as the Councel-Table hath of late times assumed unto it self a power to intermeddle in Civil causes and matters only of private interest betwéen party and party and have adventured to determine of the Estates and Liberties of the Subiect contrary to the Law of the Land and the Rights and Priviledges of the Subject by which great and manifold mischiefs and inconveniencies have arisen and happened and much incertainty by means of such procéedings hath béen conceived concerning Mens Rights and Estates For setling whereof and preventing the like in time to come Be it Ordained and Enacted by the Authority of this present Parliament Court of Star-Chamber and all its powers dissolved That the said Court commonly called the Star-Chamber and all Iurisdiction Power and Authority belonging unto or exercised in the same Court or by any the Iudges Officers or Ministers thereof be from the first day of August in the year of our Lord God One thousand six hundred forty and one clearly and absolutely dissolved taken away and determined and that from the said first day of August neither the Lord Chancellor or Kéeper of the Great Seal of England the Lord Treasurer of England the Kéeper of the Kings Privy-Seal or President of the Councel nor any Bishop Temporal Lord Privy-Councellor or Iudg or Iustice whatsoever shall have any power or authority to hear examine or determine any matter or thing whatsoever in the said Court commonly called the Star-Chamber or to make pronounce or deliver any Iudgment Sentence Order or Decrée or to do any Iudicial or Ministerial Act in the said Court And that all and every Act and Acts of Parliament and all and every Article clause and sentence in them and every of them by which any Iurisdiction power or Authority is given limited or appointed unto the said Court commonly called the Star-Chamber or unto all or any the Iudges Officers or Ministers thereof or for any procéedings to be had or made in the said Court or for any matter or thing to be drawn into question examined or determined there shall for so much as concerneth the said Court of Star-Chamber and the power and authority thereby given unto it be from the said first day of August repealed and absolutely revoked and made void And be it likewise Enacted Like Iurisdiction in several other Courts repealed and taken away That the like Iurisdiction now used and exercised in the Court before the President and Councel in the Marches of Wales and also in the Court before the President and Councel established in the Northern parts And also in the Court commonly called the Court of the Dutchy of Lancaster held before the Chancellor and Councel of that Court And also in the Court of Exchequer of the County Palatine of Chester held before the Chamberlain and Councel of that Court The like Iurisdiction being exercised there shall from the said first day of August One thousand six hundred forty and one be also repealed and absolutely revoked and made void any Law prescription custome or usage Or the said Statute made in the third year of King Henry the seventh Or the Statute made the One and twentieth of Henry the Eigth Or any Act or Acts of Parliament heretofore had or made to the contrary thereof in any wise notwithstanding And that from henceforth no Court Councel No Court or Councel to have the like Iurisdiction or place of Iudicature shall be erected ordained constituted or appointed within this Realm of England or Dominion of Wales which shall have use or exercise the same or the like Iurisdiction as is or hath béen used practised or exercised in the said Court of Star-Chamber Be it likewise declared and Enacted by Authority of this present Parliament The King nor his privy Councel shall have no Iurisdiction over any mans estate That neither his Majesty nor his Privy-Councel have or ought to have any Iurisdiction power or authority by English Bill Petition Articles Libel or any other Arbitrary way whatsoever to examine or draw into question determine or dispose of the Lands Tenements Hereditaments Goods or Chattels of any the Subjects of this Kingdome But that the same ought to be tryed and determined in the ordinary Courts of Iustice and by the ordinary course of the Law And be it further provided and Enacted That if any Lord Chancellor Penalties upon great Officers and others for the first offence or Kéeper of the Great Seal of England Lord Treasurer Kéeper of the Kings Privy Seal President of the Councel Bishop Temporal Lord Privy Councellor Iudg or Iustice whatsoever shall offend or do
the contrary in any wise notwithstanding Proviso for owners of ships that have offended and shall first discover the same Provided always That if any Owner of any Ship or Vessel or any Master or Mariner knowing of such transportation of such shéep wool woolfels mortlings shorlings yarn made of wool wool-flocks Fullers earth Fulling clay or Tobacco-pipe clay shall within thrée moneths next after the knowledg thereof or after his return into the Kingdom of England or Ireland or into the said Town of Berwick or Dominion of Wales aforesaid give the first information bona fide before any of the Barons of either of the Courts of the Exchequer in England or Ireland for the time being or before the head Officer of any Port where he shall first arrive upon his or their Oath of the number and quantity of the goods mentioned in this Act so carryed conveyed and transported and by whom where and in what ship or vessel and afterwards shall be ready upon reasonable warning by Process to justify and prove the same that then such Owner and Owners Master Mariner and Mariners shall not be punished for felony by vertue of this Act but shall nevertheless be subject to all other penalties and forfeitures in this or any other Act contained for the Offence aforesaid and all such Exportation Transportation carrying or conveying of any the goods Common nusance Who may hear and determine the said offences wares or commodities in this Act mentioned is hereby declared and adjudged to be a common and publick Nusance And for the better execution of this Act be it further Enacted that all Iustices of Assize Iustices of Goal-delivery and Iustices of Peace shall enquire of all the premisses in their General Quarter-Sessions and hear and determine the same and that all Mayors Bailiffs and other head Officers of Cities Burroughs and Towns not having Iurisdiction to try felony shall enquire of all and every Offence within this Act not made felony and hear and determine the same CAP. XIX Importing of Foreign Wool-cards Card-wire or Iron-wire prohibited WHereas by the Acts of Parliament made in the third year of King Edward the fourth and the nine and thirtieth year of Quéen Elizabeth 3 E. 4. ca. 4. â—9 El. c. 14. and several other Statutes before that time made It is Enacted amongst other things therein contained that no Cards for wool nor Iron thread commonly called white wire shall be Imported sent or conveyed into this Realm of England wherein the best Iron thread or wire for making wool-cards is made and by the said manufacture of making and drawing of wire and wool-cards very many poor people of this Kingdom and their families have béen imployed and maintained and the wool-cards made thereof are of great concernment to this Kingdom for the good making of woollen Cloth And whereas contrary to the said Statutes not only much Foreign Card-wire but also Foreign wool-cards have béen in these late times Imported into this Kingdom and also within the same many old wool-cards are by ill disposed persons for their private lucre bought up and the old Iron-wire of the said old wool-cards being very weak and insufficient for the well carding of wool is put into new leather and new boards and so uttered and sold to ignorant people for new wool-cards to their great detriment and the indamaging of their work carding of wool and the cloth made thereof By all which very great inconveniencies have béen found by experience of Clothiers in their making of English Cloth which is lately much debased and decayed and wherein this Nation is greatly concerned to uphold and encourage the well making thereof in and by all wayes and means in any wise conducible thereunto Be it therefore Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and the Commons assembled in Parliament No Foreign wool-cards card-wire or iron wire for wool-cards may be imported And it is hereby Enacted by the Authority aforesaid That no Foreign wool-cards or Foreign Card-wire or Iron-wire for making of wool-cards be Imported into this Kingdom of England Dominion of Wales or any parts thereof nor used within the same nor any Card-wire taken out of old Cards be from henceforth put into new leather and new Card-boards nor any such wool-cards made thereof be put to sale upon the pains penalties and forfeitures hereafter following that is to say Every person or persons who shall import or bring any Foreign wool-cards or Foreign Card-wire or Iron-wire for making of wool-cards into this Kingdom of England The penalty Dominion of Wales or any parts thereof or make any wool-cards of any such old Card-wire as aforesaid or put the same to sale shall forfeit the said wool-cards and Card-wire or Iron wire for making wool-cards or the value thereof if the same be not seised the one half part thereof to the Kings Majesty and the other half part thereof to such person or persons who shall first seise or sue for the same by Action of Debt Plaint Bill Information or Indictment in any of his Majesties Courts of Record at Westminster or within the County City Burrough or Town Corporate where such offence shall be committed wherein no Essoign Protection Wager of Law or Injunction shall be allowed or admitted Proviso for amending of old wool-cards Provided always That this Act shall not extend to hinder the Owners of any wool-cards to cause them to be amended for their own use or to transport or sell for Transportation onely any their old overworn wool-cards in any parts beyond the Seas out of his Majesties Dominions CAP. XX. Provision of Carriage by Land and by Water for the use of His Majesties Navy and Ordnance WHereas by an Act Entituled An Act for taking away the Court of Wards and Liveries 12 Car. 2. cap. 24. and Tenures in Capite and by Knights Service and Purveyance and for setling a Revenue upon His Majesty in lieu thereof It was amongst other things Enacted for the reasons and recompence therein expressed That from thenceforth 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 that shall be or for his their or any of their Houshold shall take any 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 of the said Subjects to furnish or find any Horses Oxen or other Cattel Carts Ploughs Wayns or other Carriages for the use of his Majesty his Heirs or Successors or of any Queen of England or of any Child or Children
that purpose And that the respective Sheriffs shall be allowed or paid from the King upon their respective Accompts in the Exchequer all such charges by them expended for Conveying Embarquing and Transporting of such persons which shall be allowed by the said respective Courts from whence they received their respective Warrants and which shall not have béen by any of the ways aforementioned paid secured or reimbursed unto them as aforesaid How the offender may be discharged upon payment of 100 l. Provided always and be it further Enacted That in case the offender so Indicted and Convicted for the said Third offence shall pay into the hands of the Register or Clerk of the Court or Sessions where he shall be Convicted before the said Court or Sessions shall be ended the sum of One hundred pounds That then the said offender shall be discharged from Imprisonment and Transportation and the Iudgement for the same Punishment of offenders after the third offence And be it further Enacted That the like Imprisonment Indictment Arraignment and Procéedings shall be against every such offender as often as he shall again offend after such Third offence Nevertheless is dischargeable and discharged by the payment of the like sum as was paid by such offender for his or her said offence next before committed together with the additional and increased sum of One hundred pounds more upon every new offence committed the said respective sums to be paid as aforesaid and to be disposed of as followeth viz The one Moyety for the Repair of the Parish Church or Churches How the said penalty of 100 l. shall be disposed Chappel or Chappels of such Parish within which such Conventicle Assembly or Méeting shall be held and the other Moyety to the Repair of the High-ways of the said Parish or Parishes if néed require or otherwise for the amendment of such High-ways as the Iustices of the Peace at their respective Quarter-Sessions shall direct and appoint And if any Constable Headborough or Tythingman shall neglect to execute any the said Warrants made unto them for Sequestring Distraining and Selling any of the Goods and Chattels of any offender against this Act for the Levying such sums of money as shall be imposed for the first or second offence he shall forfeit for every such neglect the sum of Five pounds of lawful money of England the one moyetie thereof to the King and the other moyetie to him that will sue for the same in any of the Kings Courts of Record as is aforesaid And if any person be at any time Sued for putting in Execution any of the powers contained in this Act Persons sued for executing this Act may plead the General issue and recover treble Costs such person shall and may plead the general Issue and give the special matter in evidence And if the Plaintiff be Non-suit or a Verdict pass for the Defendant thereupon or if the Plaintiff discontinue his Action or if upon Demurrer Iudgement be given for the Defendant every such Defendant shall have his or their treble Costs Felony to escape after conviction or to returne after Transportation And be it further Enacted That if any person against whom Iudgement of Transportation shall be given in manner aforesaid shall make escape before Transportation or being Transported as aforesaid shall return unto this Realm of England Dominion of Wales and Town of Berwick upon Tweed without the special License of His Majesty His Heirs and Successors in that behalf first had and obtained That the party so escaping or returning shall be adjudged a Felon and shall suffer death as in case of Felony without benefit of Clergy and shall forfeit and lose to His Majesty all his or her Goods and Chattels for ever and shall further lose to His Majesty all his or her Lands Tenements and Hereditaments for and during the life only of such offender and no longer And that the wife of any such offender by force of this Act shall not lose her Dower nor shall any Corruption of blood grow or be by reason of any such offence mentioned in this Act But that the heir of every such offender by force of this Act shall and may after the death of such offender have and enjoy the Lands Tenements and Hereditaments of such offenders as if this Act had not béen made Seditious and Tumultuous Meetings and Conventicles And for better preventing of the mischiefs which may grow by such Seditious and Tumultuous Méetings under pretence of Religious Worship Be it further Enacted by the authority aforesaid That the Lieutenants or Deputy-Lieutenants or any Commissioned Officers of the Militia or any other of His Majesties Forces with such Troops or Companies of Horse or Foot And also the Sheriffs and Iustices of Peace and other Magistrates and Ministers of Iustice or any of them joyntly or severally within any of the Counties or Places within this Kingdom of England Dominion of Wales or Town of Berwick upon Tweed with such other assistance as they shall think méet or can get in readiness with the soonest on Certificate made to them respectively under the hand and seal of any one Iustice of the Peace or Chief Magistrate as aforesaid of his particular Information or knowledge of such unlawful Méetings or Conventicles held or to be held in their respective Counties or places And that he with such assistance as he can get together is not able to suppress or dissolve the same shall and may and are hereby required and enjoyned to repair unto the place where they are so held or to be held and by the best means they can to dissolve and dissipate or prevent all such unlawful Méetings and take into their custody such of those persons so unlawfully assembled as they shall judge to be the Leaders and Seducers of the rest and such others as they shall think fit to be procéeded against according to Law for such their Offences The penalty of suffering Conventicles in private houses And be it Enacted by the Authority aforesaid That every person who shall wittingly and willingly suffer any such Conventicle unlawful Assembly or Méeting aforesaid to be held in his or her House Out-house Barn or Room Yard or Back-side Woods or Grounds shall incur the same penalties and forfeitures as any other Offender against this Act ought to incur and be procéeded against in all points in such manner as any other offender against this Act ought to be procéeded against Gaolers may not let priso-committed upon this Act to go at large Provided also And be it Enacted by the authority aforesaid That if any Kéeper of any Gaol or House of Correction shall suffer any person committed to his custody for any offence against this Act to go at large contrary to the Warrant of his Commitment according to this Act or shall permit any person who is at large to joyn with any person committed to his Custody by vertue of