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
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
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
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
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
established in some convenient place within the City of London A master of the Office to be appointed by the King Post-master General from whence all Letters and pacquets whatsoever may be with spéed and expedition sent unto any part of the Kingdoms of England Scotland and Ireland or any other of his Majesties Dominions or unto any Kingdom or Country beyond the Seas at which said Office all Returns and Answers may be likewise received And that one Master of the said General Letter-Office shall be from time to time appointed by the Kings Majesty His Heirs and Successors to be made and constituted by Letters Patents under the Great Seal of England by the name and Stile of his Majesties Post-Master General which said Master of the said Office and his Deputy and Deputies by him thereunto sufficiently authorised and his and their Servants and Agents and no other person or persons whatsoever shall from time to time have the receiving taking up ordering dispatching sending Post or with spéed and delivering of all Letters and Pacquets whatsoever which shall from time to time be sent to and from all and every the parts and places of England Scotland and Ireland and other his Majesties Dominions and to and from all and every the Kingdoms and Countries beyond the Seas where he shall settle or cause to be setled posts or running Messengers for that purpose Except such Letters as shall be sent by Coaches common known Carriers of Goods by Carts Waggons or Packhorses and shall be carried along with their Carts Waggons and Packhorses respectively And except Letters of Merchants and Masters which shall be sent by any Masters of any Ships Barques or other Vessel of Merchandize or by any other person imployed by them for the carriage of such Letters aforesaid according to the respective directions And also except Letters to be sent by any private friend or friends in their wayes of journey or travel or by any messenger or messengers sent on purpose for or concerning the private affairs of any person or persons And also except Messengers who carry and recarry Commissions or the Return thereof Affidavits Writs Process or Procéedings or the Returns thereof issuing out of any Court And be it further Enacted by the Authority aforesaid The Post-master General and no other to provide horses for riding post That such Post-Master General for the time being as shall from time to time be made and constituted by His Majesty His Heirs and Successors and the respective Deputies or Substitutes of such Post-Master General and no other person or persons whatsoever shall prepare and provide Horses and furniture to let to Hire unto all Through-posts and persons riding in post by Commission or without to and from all and every the parts and places of England Scotland and Ireland where any post-roads are or shall be setled and established And be it further Enacted by the authority aforesaid That it shall and may be lawful to and for such Post-Master General to be constituted and appointed as aforesaid and his Deputy or Deputies by him thereunto sufficiently authorized to demand have receive and take for the portage and conveyance of all such Letters which he shall so convey carry or send Post as aforesaid and for the providing and furnishing Horses for Through-Posts or persons riding in Post as aforesaid according to the several Rates and Sums of Lawful English money hereafter mentioned Rates for carrying letters not to excéed the same that is to say For the Port of every Letter not excéeding one shéet to or from any place not excéeding fourscore English miles distant from the place where such Letter shall be received Two pence And for the like port of every Letter not excéeding two shéets Four pence And for the like port of every pacquet of Letters proportionably unto the said Rates And for the like port of every pacquet of Writs Déeds and other things after the Rate of Eight pence for every ounce weight and for the port of every Letter not excéeding one shéet above the distance of fourscore English miles from the place where the same shall be received Thrée pence And for the like port of a Letter not excéeding two shéets Six pence and proportionably to the same rates for the like port of all pacquets of Letters and for the like port of every other pacquet of writs Déeds or other things after the rate of Twelve pence of English money for every Ounce weight and for the port of every letter not excéeding One shéet from London unto the Town of Berwick or from thence to the City of London Thrée pence of English money And for the like port of every letter not excéeding two shéets Six pence and proportionably unto the same rates for every pacquet of letters and for every other pacquet of greater bulk One shilling and Six pence for every Ounce weight And for the port of such letters and pacquets as shall be conveyed or carried from the Town of Berwick unto any place or places within forty English miles distance from Berwick or any other place where such letter shall be received Two pence and for every letter not excéeding Two shéets Four pence and proportionably to the same rates for every pacquet of letters and for every other pacquet or parcel Eight pence for every Ounce weight and for every letter not excéeding One shéet to be conveyed or carryed a further distance then Forty English miles Four pence And for the like port of every pacquet of letters Eight pence and proportionably unto the same Rates for the like port of every pacquet of letters and for the like port of every other pacquet One shilling for every Ounce weight and for the port of every letter not excéeding one shéet from England unto the City of Dublin in Ireland or from the City of Dublin in Ireland unto England Six pence of English money and for the like port of every letter not excéeding two shéets one shilling and proportionably to the same rates for every pacquet of letters and for the port of every other pacquet of any kind of greater Bulk Two shillings for every ounce weight and for the Port of such Letters or Pacquets as shall be conveyed or carryed from the City of Dublin unto any other place or places within the Kingdom of Ireland or from any other place unto the said City or to or from any other place within the said Kingdom according to the Rates and sums of English mony hereafter following viz. For every Letter not excéeding one shéet to or from any place within forty English Miles distance from Dublin or any other place where such Letter shall be received Two pence And for every letter not excéeding two shéets Four pence and proportionably to the same Rates for every pacquet of letters and for every pacquet of greater Bulk Eight pence for every Ounce Weight and for every letter not excéeding one shéet to be carryed or conveyed a
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
Vnderwoods Poles or young Trées or Bark or Bast of any Trées or any Gates Stiles Posts Pales Rails or Hedge-wood Broom or Furze and wheresoever they find any such to apprehend and cause to be apprehended all and every person and persons suspected for the cutting and taking of the same and them and every of them as well those apprehended carrying or any ways conveying any kind of Wood Vnderwood Poles or young Trées or Bark or Bast of any Trées or any Eates Stiles Posts Pales Rails or Hedge-wood Broom or Furze as also those in whose Houses or other places belonging to them any such Wood Vnder-wood Poles or young Trées or Bark or Bast of any Trées or any Gates Stiles Posts Pales Rails or Hedgwood Broom or Furze shall be found to carry before one Iustice of the Peace of the same County City or Town-Corporate And if the said person and persons so suspected apprehended and carried before the said Iustices do not then and there give a good account how he and they came by such Wood or Vnderwood Poles or young Trées or Bark or Bast of any Trées or Gates Stiles Posts Pales Rails or Hedge-wood Broom or Furze by the consent of the Owner such as shall satisfie the said Iustice or else shall not within some convenient time to be set them by the said Iustice produce the party or parties of whom they bought the same wood Vnder-wood Poles or young Trées or Bark or Bast of Trées Gates Stiles Posts Pales Rails or Hedge-wood Broom or Furze or some other credible witnesse to depose upon Oath such sale of the said Wood Vnder-wood Poles or young Trées or Bark or Bast of Trées Gates Stiles Posts Pales Rails or Hedgwood Broom or Furze which Oath the said Iustice hath hereby power to administer That then the said person or persons so suspected and not giving such good account nor producing any such witnesse upon Oath to testifie the said Sale as aforesaid shall be déemed and adjudged as convicted of the said offence of cutting and spoiling of the same Woods Vnder-woods Poles or young Trées or Bark or Bast of Trées Gates Stiles Posts Pales Rails or Hedge-wood Broom 43 Eliz. cap. 7. or Furze within the meaning of the said Statute of Quéen Elizabeth and shall be liable to the punishment therein contained and to such other procéedings and punishments as by this present Act shall be further constituted and appointed on that behalf And be it therefore Enacted by the Authority aforesaid That all and every person or persons convicted of the said offence in manner and form before in this Act mentioned shall for the first offence give the Owner or Owners such recompence or satisfaction for his or their damages The punishment for the first offence and within such time as the said Iustice shall appoint and over and above pay down presently unto the Overséers for the use of the poor of the Parish where the said offence or offences were committed such sum of money not excéeding Ten shillings as the said Iustices shall think méet and if such offender or offenders do not make recompence or satisfaction to the said Owner or Owners and also pay the said sum to the Poor in manner and form aforesaid then the said Iustice shall commit the said offender or offenders to the House of Correction for such time as the said Iustice shall think fit not excéeding one moneth or to be whipped by the Constable The second offence or other Officer as in his Iudgment shall séem expedient And if such person or persons shall again commit the said offence and be thereof convicted as before that then they and every of them so offending the second time and thereof so convicted shall be sent to the House of Correction for one moneth and be there kept to hard labour And if such person or persons shall again commit the said offence and be thereof convicted as before That then they and every of them so offending the third time and thereof so convicted shall be taken adjudged and déemed as Incorrigible Rogues Buyers of stoln Wood how to be dealt withal Provided always And it is further Enacted by the Authority aforesaid That whosoever shall buy any Burthens of Wood or any Poles or Sticks of Wood or any other the Premisses particularly mentioned in this Bill which may be justly suspected to have béen stoln or unlawfully come by That it shall and may be lawful to and for the said Iustices of the Peace Mayors Bayliffs and Head-Officers or any one of them within their respective Iurisdictions upon complaint to them thereof made to examine the said matter upon Oath which they and every of them respectively are hereby authorized to administer And if they shall find that the same was bought of a person who might iustly be suspected to have stoln or unlawfully come by the same and that the same was stoln or unlawfully come by That in such case the said Iustices of Peace Mayors Bayliffs or other Head-Officers or any one of them respectively shall and may award the party who bought the same to pay treble the value of the same to the party from whom the same was stoln or unlawfully taken And in default of present payment thereof to issue forth their respective Warrants to levy the same by distress and sale of the offenders Goods rendring the overplus to the party And in default of such distress to commit the party to the Gaol at his own charge there to remain one moneth without Bail Provided always Within what time offenders must be questioned within this Act. That no person or persons shall be questioned for any offence upon this Law that hath béen punished for the same offence by any former Law nor shall be punished by this Law unless he be questioned within Six wéeks after the offence committed CAP. III. An Act to explain and supply a former Act for distribution of Threescore thousand pounds amongst the truly Loyal and Indigent Commission-Officers and for Assessing of Offices and distributing the moneys thereby raised for their further supply 14 Car. 2. cap. 8. EXP. CAP. IV. An Additional Act for the better Ordering the Forces in the several Counties of this Kingdom FOr the better Ordering of the Forces in the several Counties and places of England and the Dominion of Wales and Town of Berwick upon Tweed and for the supplying and explaining the late Act Entituled 14 Car. 2. cap. 3. An Act for Ordering the Forces in the several Counties of this Kingdom 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 Power of the Lieutenants and Deputy-Lieutenants to Train and Exercise That the several Lieutenants of the several Counties Cities and places nominated by his Majesty his Heirs and Successors respectively and in their absence out
the said Burrough and Liberties shall deliver unto the said Bailiff Duplicates of all Accompts of Hearths and Stoves and do all other things in such manner as by the said Acts they ought to have done unto the said Sheriffs Any thing in the said former or this Act to the contrary notwithstanding Provided always and be it Enacted by the Authority aforesaid That it shall and may be lawful to and for the Lord High Treasurer of England Allowance to Clerks of the the Peace of the several Counties and the Chancellor of His Majesties Court of Exchequer or either of them to give and make such further allowance unto the Clerks of the Peace of the respective Counties of this Kingdom for their labour and pains in and about the Writing Engrossing and Returning into His Majesties Court of Exchequer the Duplicates and Returns of the several Constables in Parchment over and besides what is allowed by the said first recited Act as the said Lord High Treasurer and Chancellor or either of them shall think méet and convenient the same allowance not excéeding One penny in the pound by the year Any thing in the said former or in this Act to the contrary notwithstanding CAP. XIV The Profits of the Post-Office and Power of Granting Wine-Licenses setled on His Royall Highnesse the Duke of York and the Heirs Males of his Body WHereas the Lords and Commons being assembled at Westminster the Five and twentieth day of April Anno Domini One thousand six hundred and sixty in the Twelfth Year of the Reign of our most Gracious Sovereign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. were there continued untill the Nine and twentieth day of December next following and then Dissolved In which time a certain Act was made Entituled 12 Car. 2. cap. 25. 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 setling and limiting the prices of the same Whereby it was Enacted That no person or persons whatsoever from and after the Five and twentieth day of March in the year of our Lord One thousand six hundred sixty and one unless he or they should be authorized and enabled in manner and form as by the said Act is appointed shall sell or utter by Retail any kind of Wine or Wines to be spent in his or their Mansion-house or Houses or other place by any means whatsoever upon pain of forfeiting for every such offence the Sum of Five pounds the one moyety thereof to the King and the other moyety to him or them that will sue for the same And it was further thereby Enacted That it should be lawful for His Majesty his Heirs and Successors from time to time to issue out under his or their Great Seal of England One or more Commission or Commissions directed to two or more persons thereby authorizing them to license and give authority to such person or persons as they should think fit to sell and utter by Retail all and every or any kind of Wine or Wines to be drunk and spent as well within the house or houses or other place in the Tenure or Occupation of the party so Licensed as without in any City Town or other place within the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed and such Commissioners are to Contract for selling and uttering of Wines by Retail in any City or other place as aforesaid in such manner and form and under such Provisoes as in the said Act is mentioned And it is further provided by the said Act That the Rents Revenues and Sums of money arising by the said Act should be duly and constantly paid and answered into His Majesties Receipt of Exchequer and not be charged or chargeable either before it be paid into the Exchequer or after with any Gift or Pension as by the said Act amongst divers other Provisoes and Clauses may more at large appear And also one other Act was at the same time made Entituled An Act for Erecting and Establishing a Post-Office 12 Car. 2. cap. 34. Whereby it is Enacted That from thenceforth there should be one general Letter-Office erected and established in some convenient place within the City of London from whence all Letters and Pacquets may be sent into any part of the Kingdom of England Scotland and Ireland or other of His Majesties Dominions or unto any Kingdom or Country beyond the Seas And that one Master of the said General Letter-Office shall be from time to time appointed by the Kings Majesty His Heirs and Successors by His or their Letters Patents under the Great Seal of England The Office of Post-Master General by the name and stile of His Majesties Post-Master-General which said Post-Master and his Deputy and Deputies by him thereunto sufficiently authorized and his and their Servants and Agents and no other person shall have the receiving ordering or sending Post of all Letters and Pacquets whatsoever to be sent to and from the places aforesaid except as therein and thereby is excepted And it was thereby provided That such Post-Master-General and his Deputy and Deputies may demand have receive and take for the Portage of all such Letters which he shall convey as aforesaid and for the providing and furnishing horses for thorough-Posts according to the Rates therein mentioned And that His Majesty His Heirs and Successors may Grant the said Office of Post-Master-General with the Powers and Authorities thereunto belonging and the several Rates of Portage therein mentioned and all Profits Priviledges Fées Perquisits and Emoluments thereunto belonging either for life or term of years not excéeding One and twenty years to such person and persons and under such Covenants Conditions and yearly Rents to His said Majesty His Heirs and Successors reserved as he or they shall from time to time think fit As by the said Act amongst divers other Clauses and Provisoes therein contained may more at large appear Both which Acts have béen confirmed by this present Parliament Now forasmuch as the Kings most Excellent Majesty is graciously pleased out of His Princely care and great love and affection to His most entirely beloved Brother James Duke of York for and towards the Maintenance and Support of the said Duke his State and Dignity to Grant and Assign all and every the Power and Powers Authority and Authorities of giving License to any person or persons to Sell or Vtter by Retail all and every or any kind of Wine or Wines whatsoever with all Rents Sum or Sums of Money Revenues Profits and Emoluments whatsoever that shall or may arise from or out or by reason of such power of Licensing the Retailing of Wines or Forfeitures for Retailing of Wines without such Licenses unto the said James Duke of York and to the Heirs males of his Body begotten or to be
by which the Meets Meers Limits or Bounds of the said Forrests or any of them are or are pretended to be further extended then as aforesaid And also all and every Presentment of any person or persons at any Iustice seat Swainemote or Court of Attachments for or by reason or by colour of any Act or Acts whatsoever done or committed in any place without or beyond the said Méets Méers Limits or Bounds respectively so commonly known reputed used or taken as aforesaid and all and every Fine and Fines and amerciament and amerciaments upon by reason or colour of any such Presentment or Presentments shall from henceforth be adjudged déemed and taken to be utterly void and of no force or effect any Law Statute Record or pretence whatsoever to the contrary notwithstanding And be it further Enacted by the Authority aforesaid No place where no Iustice seat Swainemote cour◠or attachment c. hath been within 〈◊〉 yeares shall be accompted Forrest That no place or places within this Realm of England or Dominion of Wales where no such Iustice seat Swainemote or Court of Attachment have been held or kept or where no Verderers have been chosen or regard made within the space of sixty years next before the first year of his Majesties Reign that now is shall be at any time hereafter judged déemed or taken to be Forrest or within the Bounds or Meets of the Forrests But the same shall be from thenceforth for ever hereafter De-afforrested and freed and exempted from the Forrests Laws Any Iustice-seat Swainemote or Court of Attachment held or kept within or for any such place or places at any time or times since the beginning of His Majesties said Reign or any presentment enquiry Act or thing heretofore made or hereafter to be made or done to the contrary notwithstanding Provided also and be it further Enacted by the Authority aforesaid For ascertaining of Meets c. Commissions shall be issued That for the better putting into certainty all and every the Meets Meers Bounds and Limits of all and every the Forrests as aforesaid The Lord-Chancellour or Lord-Keeper of the Great Seal of England for the time being shall by vertue of this Act upon request of any of the Peers of this Kingdome or of the Knights and Burgesses of the Parliament or any of them grant severall Commissions under the Great Seal of England to Commissioners to be nominated respectively by the said Péers Knights and Burgesses or any of them to enquire of and find out by Inquests of good and lawful men upon Oath and by the Oaths of Witnesses to be produced at the said Inquests and by all other lawful means all and every the Méers Méets Bounds and Limits of the Forrests respectively which were commonly known to be their Méers Meets Bounds and Limits respectively in the said twentieth year of the Reign of our late Soveraign Lord King James And to return the Inquests so taken into the Court of Chancery and that all and every the Sheriffs and Bailiffs of and in every County wherein any such Inquests shall be so to be taken And all and every the Verderers Forresters Rangers and other Officers of the Forrests respectively where any such Officers be shall be assistant and attendant to the execution of the said Commissions according as by vertue of the said Commissions respectively they shall be commanded And where no such Officers are or where such Officers be if they or any of them shall refuse or neglect such assistance and attendance as aforesaid Then the said Commissioners shall and may procéed without them in the execution of the said Commissions Forrests shall not extend beyond the meets c. so returned And be it further Enacted by the Authority aforesaid That the Forrests whereof the Méets Méers Limits and Bounds be so returned and certified by vertue of any the said Commissions as aforesaid from thenceforth shall not extend nor be extended nor be déemed adjudged or taken to extend any further in any wise then the Méets Méers Limits and Bounds that shall be so returned and certified And that all the places and Territories that shall be without the Méets Méers Limits and Bounds so returned and certified shall be and are hereby declared to be from thenceforth free to all intents and purposes as if the same had never béen Forrest or so reputed Any Act or Acts matter or thing whatsoever to the contrary thereof notwithstanding Grounds deafforrested shall be excluded Provided and be it further Enacted by Authority aforesaid That all and every the grounds Territories or places which have béen or are De-afforrested or mentioned to be De-afforrested in or by any Letters Patents Charters or otherwise since the said twentieth year of the Reign of our said late Soveraign Lord King James shall be excluded and left out of the Méets Méers Limits and Bounds of the Forrests which are to be enquired of returned and certified by vertue of the said Commissions or any of them respectively And shall be and hereby are declared and Enacted to be utterly De-afforrested frée and exempt to all intents and purposes as if the same had never béen at all Forrest or so reputed Any thing in this present Act contained or any other Act matter or thing whatsoever to the contrary in any wise notwithstanding Tenants Owners c. of lands excluded shall enjoy their ancient commission c. Provided nevertheless and be it Enacted That the Tenants Owners and Occupiers and every of them of Lands and Tenements which shall be excluded and left out of the Méets Méers Limits or Bounds of the Forrests to be returned and certified by vertue of any the said Commissions shall or may use and enjoy such Common and other profits and easements within the Forrest as anciently or accustomably they have used and enjoyed Any thing in this present Act contained or any Act or Ordinance made in the thrée and thirtieth year of King Edward the first or any Custome or Law of the Forrest or any other matter or thing to the contrary thereof notwithstanding CAP. XVII Scotland A confirmation of the Treaty of Pacification between England and Scotland with the Commissions and Articles thereupon EXP. CAP. XVIII For securing by publick Faith the remainder of the friendly assistance and relief promised to those of Scotland Scotland EXP. CAP. XIX The Office of Clerk the Market allowed and regulated for the reformation of Weights and Measures Grievances by Clerks of the Market and anequality in weights and measures FOrasmuch as the undue execution of the Office of Clerk of the Market hath béen very grievous unto divers of his Majesties most loving Subjects who have béen much troubled by unnecessary Summons and charged with exactions of divers sums of Money by colour of the said Office and in regard the said evils have partly arisen by means of an inequality of Weights and Measures throughout this Kingdom◠and by granting
but that the same during the continuation of such Lease Leases or other Agreements shall be payed delivered and performed in such measure and form as the same hath been payed delivered and performed before the making of this Act And that such measure Water measures to be continued that is commonly called Water-measure in any Ports Maritime Towns or other places shall be still used and continued as formerly the same hath béen Any thing in this Statute contained to the contrary hereof in any wise notwithstanding The general issue may be pleaded Provided also That no Iustice or Iustices of the Peace Mayor Bailiff or other head Officer Churchwardens Overséers or any other authorized by this Statute for the due execution thereof in any point shall be sued impleaded or otherwise impeached for doing or executing their said Offices respectively And if any Suit or Suits hereafter shall be Commenced against them or any of them their Agents or Assistants touching the premisses That then it shall and may be lawful for them and every of them so sued or troubled in any Court or Courts wheresoever to plead the general issue Not Guilty and to give this Statute in Evidence or any other special matter in Evidence Treble costs for unjust vexation And in ease by or upon this Law they or any of them shall be found not guilty or the Plaintiff be Non-suited the Defendant or Defendants shall recover treble Costs against the Plaintiff for his unjust vexation CAP. XX. None shall be compelled to take the Order of Knighthood Writs issued for persons to take the order of Knighthood WHereas upon the pretext of an ancient custom or usage of this Realm of England That Men of full age being not Knights and being seised of Lands or Rents of the yearly value of forty pounds or more especially if their seisin had so continued by the space of thrée years next past might be compelled by the Kings Writ to receive or take upon them the order or dignity of Knighthood or else to make Fine for the discharge or respite of the same Several Writs about the beginning of his Majesties reign issued out of the Court of Chancery for Proclamations to be made in every County to that purpose and for certifying the names of all such persons and for summoning them personally to appear in the Kings presence before a certain day to be there ready to receive the said Order or Dignity Upon return of which Writs and transmitting the same with their Returns into the Court of Exchequer Returns and upon other Writs for further inquiry of the names of such persons issuing out of the said Court of Exchequer Processe by Distringas was thence made against a very great number of persons Distringas many of which were altogether unfit in regard either of Estate or quality Fines to receive the said Order or Dignity and very many were put to grievous Fines and other vexations for the same although in truth it were not sufficiently known how or in what sort or where they or any of them should or might have addressed themselves for the receiving the said Order or Dignity and for saving themselves thereby from the said Fines Process and vexations And whereas it is most apparent that all and every such procéedings in regard of the matter therein pretended is altogether useless and unreasonable May it therefore please your most Excellent Majesty that it be by authority of Parliament declared and Enacted No person shal be compelled to take on him the order of Knighthood nor undergo any fine for that cause And be it declared and Enacted by the Kings most Excellent Majesty and the Lords and Commons in this Parliament assembled and by the Authority of the same That from henceforth no person or persons of what condition quality estate or degrée soever shall at any time be distrained or otherwayes compelled by any Writ or Process of the Court of Chancery or Court of Exchequer or otherwise by any means whatsoever to receive or take upon him or them respectively the Order or Dignity of Knighthood nor shall suffer or undergo any Fine Trouble or Molestation whatsoever by reason or colour of his or their having not received or not taken upon him or them the said Order or Dignity And that all and every Writ or Processe whatsoever and all and every procéeding which shall hereafter be had or made contrary to the intent of this Act shall be déemed and adjudged to be utterly void And that all and every processe procéeding and charge now depending by reason or colour of the said pretended custome or Writs aforesaid or of any the Dependants thereof shall from henceforth cease and stand be and remain discharged and utterly void Any former Law or Custome or any pretence of any former Law or Custome or any other matter whatsoever to the contrary in any wise notwithstanding Stat. 1 E. 2. CAP. XXI Liberty for bringing in of Gun-powder and Salt-peter from Forraign parts and for the free making of Gun-powder in this Realm Mischiefs by prohibiting importing of Gunpowder WHereas the Importation of Gun-powder from forreign parts hath of late times béen against Law prohibited and the making thereof within this Realm ingrossed whereby the price of Gun-powder hath béen excessively raised many powder works decayed this Kingdom very much weakened and indangered the Merchants thereof much damnified many Mariners and others taken prisoners and brought into miserable Captivity and Slavery many Ships taken by Turkish and other Pyrates and many other inconveniences have from thence insued and more are likely to ensue if they be not timely prevented Liberty to all to import gun-powder Be it therefore declared and Enacted by the Kings most Excellent Majesty and the Lords and Commons in this present Parliament assembled and by the Authority of the same That it shall and may be lawful to and for all and singular persons as well Strangers as natural born Subjects of this Realm to import and bring into this Kingdom any quantities of Gun-powder whatsoever paying such Customes and Duties for the same as by authority of Parliament shall be limited and set down And be it further Declared and Enacted by the Authority aforesaid All Subjects may make and sell Gun-powder and import Salt-peter That it shall and may be lawful to and for all and singular his Majesties Subjects of this his Realm of England to make and sell any quantities of Gun-powder at his and their will and pleasure and also to bring into this Kingdom any quantities of Salt-peter Brimstone or any other materials necessary or requisite for the making of Gun-powder And lastly Be it Enacted by the Authority aforesaid That if any person or persons Penalty for putting in execution Letters Patents Proclamations c. against this liberty from and after the tenth day of August which shall be in the year of our Lord God One thousand six
and singular the said Pleas Writs Bills Actions Suits Plaints Process Precepts and other the Premises aforesaid shall stand continue and be good and effectual in Law to all Intents and Purposes as if the said Returns and dayes and every of them had béen actually kept and holden in all and every the said Courts Any Law Statute Custome or Vsage to the contrary thereof in any wise notwithstanding The said Writs Process Pleas c. returnable pleadable at a certain day And be it further Enacted by the Authority aforesaid That all Pleas Writs Bills Actions Suits Plaints Process Precepts and other thing or things whatsoever aforesaid pleadable or to be pleaded Returnable or to be Returned or having day in any manner whatsoever at any of the said Returns or any day or dayes certain after any of the said Returns Be and are hereby continued and adjourned unto and shall and may be Pleaded Returned Heard and Determined in the respective Courts aforesaid at or on the fifth Return of the said Term of late called In the morrow of the Ascension of our Lord And that all parties in any Pleas Writs Bills Actions Suits Plaints Process or other thing or things whatsoever having dayes given them at any of the said four first Returns or at any other day or dayes certain after any of the said Returns in the said Courts or any of them by vertue of this present Act have the said Return of late called In the morrow of the Ascension of our Lord prefixed them therein And that all Sheriffs Officers and other Ministers whatsoever and every of them respectively kéep in their hands all Writs Bills Process and Precepts and all other things whatsoever in them directed respectively Returnable or to be Returned in the several Courts aforesaid at the said four first Returns or any of them in or at any day certain as aforesaid until the said fifth Return of late called The morrow of the Ascension of our Lord and then Return the same into the said several Courts respectively That such proceedings may be then had thereupon as should have béen had in case the said four first Returns had béen kept and holden And be it further Enacted by the Authority aforesaid That no Writs Process Plaints Process Writs Pleas c. under certain titles and names may be prosecuted and proceeded upon Pleas Informations Indictments or Iudicial proceedings had Commenced or prosecuted before the fifth day of May in the said year of our Lord one thousand six hundred sixty in the Name Stile Title or Test of Custodes Libertatis Angliae Authoritate Parliamenti or in the Name Stile Title or Test of The Keepers of the Liberty of England by Authority of Parliament or in the Name Stile Title or Test of Oliver Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions thereunto belonging or in the Name Stile Title or Test of Oliver Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging or in the Name Stile Title or Test of Richard Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging shall be put without day abated quashed or discontinued by his Majesties most just re-assumption of the actual Exercise of his Kingly Government in this Kingdom nor shall the same be cause of Errour Abatement or Discontinuance but that all such Writs Process Plaints Pleas Informations Indictments and Iudicial Procéedings and all Commissions for taking of Answers or Examination of Witnesses Commission for taking of Fines and Warrants of Attorney Guardians or Prochein-Amy shall stand and be continued and shall and may be procéeded upon prosecuted and returned notwithstanding the same were commenced or prosecuted in English and notwithstanding the present happy Change and Restitution of his Majesties Name and Stile in Iudicial Procéedings And be it further Enacted by the authority aforesaid Process and proceedings in English in Courts of Iustice to continue EXP. That one pretended Act made in the year of our Lord 1650. entituled An Act for turning the Books of the Law and all Process and Proceedings in Courts of Justice into English shall stand and be in force as if the same had béen a good and effectual Act from the first Return of Easter Term in the year of our Lord 1651. untill the first day of August in the year of our Lord 1660. and no longer And whereas by one other pretended Act made in the said year of our Lord 1650. entituled An Act touching Corn and Meal It was Enacted or mentioned to be Enacted That from and after the twentieth day of November 1650. It should and might be lawfull to and for any person or persons Defendant or Tenant for or by reason of any matter to be pleaded set forth or alledged in Bar to any Action Real Personal or mixt in any Court of Record to plead the General Issue of Not Guilty or the like General Issue proper to the Nature of the Action or Suit commenced and for his or their Discharge or Acquitting to give any such matter in evidence to the Iury that shall try the same and that the said matter shall be as available to such person or persons Defendant or Tenant to all intents and purposes as if the said matter had béen specially pleaded set forth or alledged in Bar of such action Be it further Enacted That the said pretended Act Pleading the General Issue as touching the pleading of the General Issue shall by authority hereof stand and be in full force and effect according to the Tenor thereof until the said first day of August as if the same had béen a good and effectual Act of Parliament EXP. and no longer Provided alwayes That where the General Issue hath béen since the said twentieth day of November 1660. pleaded or shall before the said first day of August in the said year of our Lord 1660. be pleaded in any action That then upon the Tryal of the said Cause such Evidence shall and may be allowed as if the said pretended Act touching the pleading of the General Issue had béen and continued a good and effectual Act of Parliament not determined or discontinued Provided also That his Majesties Royal assent to the passing of this Bill shall not extend His Majesties Assent to this Bill doth not determine the Session All Writs Patents Commissions c. to issue in the Kings name as formerly or be construed to extend to the determining of the Session of this present Parliament Provided nevertheless and be it Enacted That all Writs Patents and Commissions for Constituting Iustices of either Bench and Barons of the Exchequer Commissions of Oyer and Terminer and Gaol-Delivery and Precepts upon Commissions of Oyer and Terminer and Gaol-Delivery and all other Commissions hereafter to be made by the Clerk of the Crown in the Chancery Charters and Letters Patents under the
Great Seal of Lands Liberties Honours or Offices do or may issue in the Kings Majesties Name in the same manner as was usual before the making of the said first recited pretended Act any thing in this present Act to the contrary thereof before expressed in any wise notwithstanding St. 13. Car. 2. cap. 12. CAP. IV. A Subsidie granted to the King of Tonnage and Poundage and other some of Money payable upon Merchandize Exported and Imported The Causes and Trusts upon granting the Subsidies of Tonnage and Poundage THe Commons assembled in Parliament reposing Trust and Confidence in Your Majesty in and for the Guarding and Defending of the Seas against all persons intending or that shall intend the disturbance of Your said Commons in the intercourse of Trade and the invading of this Your Realm For the better defraying the necessary Expences thereof which cannot otherwise be effected without great charge to Your Majesty Do by and with the advice and consent of the Lords in this Your present Parliament assembled and by the authority of the same Defending the Seas to the intent aforesaid Give and Grant unto You our Supreme Liege Lord and Soveraign A Subsidy of Tonnage granted to the King one subsidy called Tonnage That is to say Of every Ton of Wine of the growth of France or of any the Dominions of the French King or Crown of France that shall come into the Port of London and the Members thereof by way of Merchandize by your Natural born Subjects the sum of Four Pounds and ten shillings of currant English Money and so after that Rate and by Strangers and Aliens Six pounds of like money And of every Ton of the like Wine which shall be brought into all and every the other Ports and places of this Kingdome and the Dominions thereof by way of Merchandize by Your Naturall Born Subjects the sum of Thrée pounds and by Aliens Four pounds and ten shillings And of every Butt or Pipe of Muscadels Malmseys Cutes Tents Allicants Bastards Sacks Canaries Malligoes Maderoes and other Wines whatsoever commonly called Swéet Wines of the growth of the Levant Spain Portugal or any of them or of any the Islands or Dominions to them or any of them belonging or elsewhere that shall come or be brought into the Port of London by your Natural born Subjects the sum of Fourty five shillings of currant English money and so after that Rate And by Strangers and Aliens Thrée pounds of like money And of every Butt and Pipe of the like Wine which shall come or be brought into all every or any the other Ports and Places of this Kingdom and Dominions thereof by way of Merchandize by Your Natural Born Subjects the sum of Thirty shillings and by Strangers Forty five shillings And of every Awm of Rhenish Wine or Wine of the growth of Germany that shall be brought into this your Realm and the Dominions thereof by your Natural Born Subjects The sum of twenty shillings of currant English money and strangers and Aliens Twenty and five shillings which several Rates are the same which are expressed in a certain Book of Rates herein after mentioned and referred unto And also one other Subsidy called Poundage That is to say of all manner of Goods and Merchandize of every Merchant A subsidy of poundage Natural Born Subject Denizen and Alien to be carryed out of this Realm or any your Majesties Dominions to the same belonging or to be brought into the same by way of Merchandize of the value of every twenty shillings of the same Goods and Merchandizes according to the several and particular Rates and values of the same goods and Merchandizes as the same are particularly and respectively Rated and Valued in the said Book of Rates herein after mentioned and referred unto Twelve pence and so after that Rate And of every Twenty shillings value of any the Native Commodities of this Realm or Manufactures wrought of any such Native Commodities to be carried out of this Realm by every or any Merchant Alien according to the Value thereof in the said book expressed Twelve pence over and above the Twelve pence aforesaid Except and foreprized out of this Grant of Subsidy of Poundage all manner of Woollen Clothes made or wrought or to be made or wrought within this Realm of England commonly called Old Draperies and all Wines before limited to pay subsidy of Tonnage and all manner of Fish English taken and brought by English bottoms into this Realm and all manner of fresh Fish and bestial that shall come into this your Realm and all other Goods and Merchandizes which in the said book of rates are mentioned to be custome-frée Exceptions out of the subsidy of poundage And further We your said Commons by the advice Assent and Authority aforesaid do give and grant unto You Our said Liege Lord and Soveraign for the causes aforesaid One other Subsidy That is to say of and for every short woollen cloth to be exported by Your Natural Born Subjects of this your Realm and the Dominions thereof called broad Cloth not excéeding twenty eight yards in length and thréescore and four pounds in weight the sum of thrée shillings and four pence of Currant English money and for every Cloth of short cloth of old Drapery of lesser length and weight accounting so many pieces to a short cloth as limited and appointed thereunto by the said Book of Rates to be likewise exported by your said natural born Subjects the like sum of of thrée shillings four pence and so after that rate and by Strangers and Aliens six shillings and eight pence for every short cloth accounted as aforesaid which several Rates are accordingly expressed in the said Book of Rates herein after mentioned and referred unto A subsidy of strangers Aliens To have hold take enjoy and perceive the Subsidies aforesaid and every of them and every part and parcel of them unto your Majesty from the four and twentieth day of June inclusively The said subsidies granted to the King during his life in the Twelfth year of your Majesties Reign for and during your Majesties life which God long preserve And be it further Enacted by the Authority aforesaid That if any Wines Goods The penalty for not paying the subsidy or other Merchandize whereof the Subsidies aforesaid are or shall be due shall at any time after be shipped or put into any Boat or Vessel to the intent to be carried into the parts beyond Seas or else be brought from the parts beyond the Seas into any Port Place or Créek of this Realm or other your Majesties Dominions by way of Merchandize and unshipped to be laid on Land the Subsidy Customes and other duties due or to be due for the same not paid or lawfully tendred to the Collector thereof or his Deputy with the consent and agréement of the Comptroller and Surveyor there or one of them at the least nor agréed with
de droyt Ouster le maine or other Suit to his Maiesty enter on the premisses in his Majesties possession or in the possession of his Successors and Patentées their Heirs or Assigns in such manner to all intents as he or they might have done on the possession of the said Offenders their Heirs or Assigns in or upon the said twenty fifth day of March or at any time since Any thing in this Act to the contrary in any wise notwithstanding Proviso for such as have received paid their Rents to the Offenders Provided also That all and every person and persons which have received any of the Rents or mean profits of in or out of any the Lands Tenements and Hereditaments Chattels real or Possessions of any of the Offender or Offenders in this Act mentioned before the Eleventh day of February One thousand six hundred fifty and nine and have paid or accounted for the same before she said Eleventh day of February One thousand six hundred fifty and nine unto the said Offender or Offenders or their Assigns or to any claiming from or under them shall be clearly and for ever acquitted and discharged of and from the same against the Kings Majesty His Heirs and Successors any thing herein contained to the contrary notwithstanding Proviso for Richard Ingoldsby Provided alwayes That it shall and may be lawful to and for Richard Ingoldsby to retain and kéep or otherwise to sell and dispose all and singular the Goods and Chattels formerly belonging to Sir Hardress Waller in the Kingdom of Ireland untill two thousand pounds for which the said Richard Ingoldsby in the year One thousand six hundred fifty eight stood joyntly bound with the said Sir Hardress Waller unto James Brooks of the City of York Alderman and was then counter-secured by a Iudgment upon his Lands and since by a Déed of Bargain and Sale of the said Goods and Chattels in Ireland be fully paid together with the Interest thereof he the said Richard Ingolsby accounting for and paying the full overplus thereof if any shall be unto our Soveraign Lord the King Any thing herein before contained to the contrary notwithstanding St. 13 Car. 2. cap. 7. CAP. XXXI Leases and Grants from Colledges and Hospitals Confirmed CAP. XXXII Exportation of Wooll Woolfells Fullers Earth or any kind of Scouring Earth Prohibited FOR the better preventing and avoiding of such Losses and Inconveniencies as have happened and daily do and may happen to the Kingdom of England and Dominion of Wales and to the Kingdom of Ireland by and through the secret and subtile exportation and transportation and by and through the subtile carrying and conveying away of Wooll Woolfels Mortlings Shorlings Yarn made of Wooll Woolflocks Fullers Earth and Fulling Clay out of and from the Kingdoms and Dominion aforesaid and for the better setting on work the poor people and Inhabitants of the Kingdoms and Dominion aforesaid And to the intent that the full and best use and benefit of the principal native Commodities of the same Kingdoms and Dominion may come redound and be unto and amongst the Subjects and Inhabitants of the same and not unto or amongst the Subjects and Inhabitants of the Realm of Scotland or of any Forreign Realms or States as the same now of late in some great measure hath done and is further likely to do if some severer punishment than heretofore be not speedily inflicted upon such Offenders as shall be Actors or Assistants in and to such Exportation and Transportation and in and to such carrying and conveying thereof as aforesaid Be it Enacted by the Kings most Excellent Majesty No person after the 14. of Jan. 1660. shall export any Sheep or Wooll Wool-fells Mortlins Shorlings Yarn Woolflocks Fullers Earth Fulling Clay the Lords and Commons in this present Parliament assembled and by the Authority of the same That no person or persons whatsoever from and after the fourtéenth day of January One thousand six hundred and thréescore shall directly or indirectly Export Transport carry or convey or cause or procure to be Exported Transported carried or conveyed out of or from the Kingdom of England or Dominion of Wales or Town of Berwick upon Tweed or out of or from the Isles of Jersey or Guernsey with Sarke and Alderney being under the Government of Guernsey aforesaid or out of or from any of them or out of or from the Kingdom of Ireland aforesaid into any parts or places out of the Kingdoms Isles or Dominion aforesaid any Shéep or Wooll whatsoever of the bréed or growth of the Kingdoms of England or Ireland or Isles or Dominion aforesaid Or any Woolfells Mortlings or Shorlings or any Yarn made of Wooll or any Woolflocks or any Fullers Earth or any Fulling Clay whatsoever nor shall directly or indirectly pack or load Nor carry load or board any Sheep Wooll c. or cause to be packed or loaded upon any Horse Cart or other Carriage or Load or lay on board or cause to be loaden or laid on board in any Ship or other Vessel in any Place or Port within the Kingdoms of England or Ireland or Town of Berwick or Isles or Dominion aforesaid any such Shéep Wool Wool-fells Mortlings Shorlings Yarn made of Wooll or Woolflocks or any Fullers Earth or Fulling Clay to the intent or purpose to export transport carry or convey the same or to cause the same to be exported transported carried or conveyed out of the Kingdoms of England and Ireland Town of Berwick Isles or Dominion aforesaid or with intent or purpose that any other person or persons should so export transport carry or convey the same into any parts or places out of the Kingdoms of England and Ireland Town of Berwick Isles or Dominion aforesaid into the Kingdom of Scotland or any forreign parts And be it further Enacted by the Authority aforesaid That no Wooll Woolfells Mortlings No Wooll Woolfells c. after the 14. of Ian. 1660. to be carried into Wales Ireland c. Except Shorlings Yarn made of Wooll Woolflocks or any Fullers Earth or Fulling Clay shall be from and after the fourtéenth day of January in the year of our Lord one thousand six hundred and thréescore exported transported carried or conveyed out of the Kingdom of England and Dominion of Wales or Town of Berwick or Kingdom of Ireland or out of any Port or Place of the said Kingdoms respectively unto the Isles of Jersey or Guernsey or to Sarke or Alderney except as in this Act shall be hereafter limited or appointed And be it further Enacted by the authority aforesaid The Penalties That all and every the Offender and Offenders offence and offences aforesaid shall be subject and lyable to the respective pains penalties and forfeitures hereafter following That is to say The said Shéep Woolls Woolfells Mortlings Shorlings Yarn made of Wooll Woollflocks Fullers Earth and Fulling Clay so exported transported carried conveyed packed or loaden contrary to the
true intent of this Act shall be forfeited and that every offender and offenders therein shall forfeit twenty shillings for every such Shéep and thrée shillings for every pound weight of such Wooll Woolfells Mortlings Shorlings Yarn made of Wooll Woollflocks Fullers Earth or Fulling Clay And also the Owners of the said Ships or Vessels knowing such offence shall forfeit all thei◠Interest in the said Ships or Vessels with all their Apparrel and Furniture to them and every of them belonging And that the Master and Mariners thereof knowing such offence and wittingly and willingly aiding and assisting thereunto shall forfeit all their Goods and Chattels and have Imprisonment for the same thrée moneths without Bail or Main-prise the one moyety of which said penalties and forfeitures shall be to the Kings Majesty His Heirs and Successors and the other moyety to him that will sue for the same by Action of Debt Bill Plaint or Information in any of His Majesties Courts of Record or before the Iustices of Assize or in the General Quarter Sessions of the Peace In which Suit no Essoyn protection or wager of Law shall be allowed The penalty upon any Merchant that shall transport woolls c. And be it further Enacted That if any Merchant or other person or persons shall after the said fourtéenth day of January transport or cause to be transported any Shéep Wooll Woolfells Mortlings Shorlings Woollen Yarn Woolflocks Fullers Earth or Fulling Clay contrary to the true intent of this Act and be thereof lawfully convicted That then he shall be disabled to require any Debt or Accompt of any Factor or others for or concerning any Debt or Estate properly belonging to such offender Proviso Provided alwayes and it is nevertheless declared That this Act or any thing therein contained shall not be construed to take away any greater pains or penalties inflicted or to be inflicted for any the offences aforesaid by vertue of any former Act of Parliament now in force Offences against this Act where to be tryed And be it also further Enacted by the authority aforesaid That every offence that shall be done or committed contrary to this Act shall and may be inquired of and heard examined tryed and determined in the County where such Shéep Wooll Woolfells Mortlings Shorlings Yarn made of Wooll Woolflocks Fullers Earth or Fulling Clay respectively shall be so packed loaden or laid aboard as aforesaid contrary to this Act or else in the County where such Offenders shall happen to be apprehended or arrested for such offence in such manner and form and to such effect to all intents and purposes as if the same offence had béen wholly and altogether done and committed at and in such County They to be Prosecuted within a year after the offence committed Any person may seize goods contrary to this Act loaded with intent to be transported and shall have the moyety thereof Provided alwayes and be it Enacted by the Authority aforesaid That no person or persons whatsoever shall at any time hereafter be impeached for any offence aforesaid unless such person or persons shall be prosecuted within the space of one year next ensuing such offence committed And be it further Enacted by the Authority aforesaid That it shall and may be lawful to and for any person or persons to seize take and challenge to his or their own use and behoof and to the use of the King His Heirs and Successors all and all manner such Shéep Wooll Woolfells Mortlings Shorlings Yarn made of Wooll Woollflocks Fullers Earth and Fulling Clay as he or they shall happen to sée finde know or discover to be laid aboard in any Ship or other Vessel or Boat or to be brought carried or laid on shore at or near the Sea or any Navigable River or Water to the intent or purpose to be exported transported or conveyed out of the Kingdoms of England or Ireland Town of Berwick Isles or Dominion aforesaid contrary to the true meaning of this Act or to be packed or loaden upon any Horse Cart or other Carriage to the intent or purpose to be conveyed or carried into the Kingdom of Scotland aforesaid and that such person or persons as shall happen so to seize take or challenge any such Shéep Wooll Woolfells Mortlings Shorlings Yarn made of Wooll Woolflocks Fullers Earth or Fulling Clay as aforesaid shall have the full moyety thereof to all intents and purposes Proviso such person shall not be evidence against the offender Provided alwayes That such Person or Persons as shall make any such Seizure or challenge aforesaid to his or their own use shall not be admitted or allowed to give in Evidence upon his or their Oath or Oaths against any Person or Persons which shall happen to be indicted accused or questioned by vertue of this Act or any thing therein contained Forfeiture of the ship if the owner be an Alien or not Inhabiting in England And furthermore be it Enacted by the Authority aforesaid That all and every ship Vessel Hulk Barge or Boat of what kind soever whereof any Alien born or whereof any natural born Subjects not inhabiting within the Realm of England shall be owner or part-owner and wherein any Shéep Wooll Woolfells Mortlings Shorlings Yarn made of Wool Woolflocks Fullers Earth or Fulling Clay shall happen to be shipped put or laid aboard contrary to the true meaning of this Act shall be forfeited to the Kings Majesty His Heirs and Successors Provided alwayes That this Act shall not extend to any Lamb Skin ready drest and prepared fit and useful for Furr or Lynings Proviso Provided also That this Act shall not in any wise extend to the transporting carrying or conveying away of any such Woolfells or Pelts with such Wooll upon them or to any Beds stuffed with Flocks which shall be carried or imployed in any Ship or other Vessel for necessary use only of and about the Ordnance or other thing in or concerning such Ship or Vessel or only for the necessary use of any the Persons in such Ship or Vessel passing or being and which shall not be sold or uttered in any Forreign parts out of the Kingdoms of England or Ireland Ireland Berwick or Town of Berwick Isles or Dominion aforesaid nor to the exporting transporting carrying or conveying of any Wether-shéep or of the Wooll growing upon any such Wether-shéep to be carried alive in any Ship or other Vessel for and towards the only necessary food or diet of or for the Company or Passengers or other Persons therein and for and towards none other purpose Proviso Southampton Jersey Guernsey Provided alwayes and be it further Enacted That this Act or any thing therein contained shall not extend to any such Wooll to be exported or transported out of or from the Port of Southampton only unto the aforesaid Isles of Jersey and Guernsey by or for the only use or behoof of any the Inhabitants of
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
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
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
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
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
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
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
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
execution of their Office all and every person and persons so resisting affronting abusing beating or wounding the said Officer or Officers or their Deputies or such as shall Act in their aid or assistance shall by the next Iustice of Peace or other Magistrate be committed to Prison there to remain till the next Quarter-Sessions And the Iustices of the Peace of the said Quarter-Sessions shall and are hereby impowered to punish the Offender by Fine not excéeding One hundred pounds and the Offender is to remain in Prison till he be discharged by Order of the Exchequer both of the Fine and of the Imprisonment or discover the person that set him on work to the end he may be legally procéeded against No goods to be Water-born or landed but in the presence of some Officer of the Customs And be it further Enacted by the Authority aforesaid That if any Wharfinger or Kéeper of any Wharf Crane Key or their servants or any of them shall take up or land or knowingly suffer to be taken up or landed or shall Ship off or suffer to be Water-born at or from any of their said Wharfs Cranes or Keys any Goods Wares or Merchandize prohibited or whereof any Custom Subsidy or other Duties are due and payable unto the Kings Majesty without the presence of some of the Officers of His Majesties Customs thereunto appointed or at hours and times not appointed by Law except in the Port of Hull 1 Eliz cap. 11. as in the Statute of the First year of Quéen Elizabeth Chapter the eleventh is excepted not otherwise or Goods passing by Certificates Waste-Cockquet The Penalty or otherwise without the presence or notice given to one or more of His Majesties Officers That in every such case all and every such Wharfinger and Kéeper of such Wharfe Crane or Key shall forfeit and pay the sum of One hundred pounds And if any Goods or Merchandize shall be Laden or taken in from the Shore into any Bark Hoy Lighter Barge Wherry or Boat to be carried aboard any Ship or Vessel Outwards bound for the parts beyond the Seas or Laden or taken in from or out of any Ship or Vessel coming in and arriving from foreign parts without a Warrant and presence of one or more Officers of the Customs such Bark Hoy Lighter Barge Boat or Wherry shall be forfeited and lost and the Master Purser Boatswain or other Mariner of any Ship Inward bound knowing and consenting thereunto shall forfeit the value of the Goods so unshipped And further That in case any Car-man Porter Water-man or other person or persons whatsoever shall assist in the taking up landing shipping off or carrying away any such Goods Wares or Merchandizes that then such Carman Porter Water-man or other person or persons so offending being apprehended by Warrant of any Iustice of the Peace for that County City or Borough which the said Iustices every of them are hereby Authorized to issue and to examine Witnesses upon Oath concerning such fact and the same being proved by the Oath of Two Witnesses the said Offenders for such first Offence shall and may by such Iustice of the Peace be committed to the next Gaol there to remain till he and they find sufficient Surety to be of the good behaviour for so long time until he they shall be thereof discharged by the Lord Treasurer Chancellor Vnder-Treasurer or Barons of the Exchequer And in case he or they so convicted shall afterwards at any time offend in the like kind then he and they shall and may by any Iustice of the Peace as aforesaid be committed to the next Gaol there to remain for the space of Two Moneths without Bail or Mainprize or until he shall pay unto the Sheriff of that County the sum of Five pounds for the use of His Majesty or until he shall by the Lord Treasurer Chancellor or Vnder-Treasurer or Court of Exchequer be thence discharged Be it further Enacted by the Authority aforesaid That if any Goods Wares or Merchandizes shall be shipped or put on Board to be carried forth to the open Sea from any one Port Goods carryed from one Port to another in England or Wales Créek or Member in the Kingdom of England Dominion of Wales or Port and Town of Berwick to be landed at any other place of this Realm without a Sufferance or Warrant first had and obtained from the said person or persons which are or shall be appointed for managing the Customs and Officers of his Majesties Customs all such Wares and Merchandizes shall be forfeited and lost and that the Master of every Ship or Vessel that shall lade or take in any such Goods Wares or Merchandizes in any Port Member or Créek within this Kingdom of England Dominion of Wales or Town and Port of Berwick to be landed and discharged in some other Port Member or Créek of the said Kingdom of England Dominion of Wales or Town and Port of Berwick shall before the Ship or Vessel be removed or carried out of the Port where he shall take in his lading take out a Cocquet or Cocquets and become bound to the Kings Majesty with good Security in the value of the Goods Wares and Merchandizes aforesaid for Delivery and Discharge thereof in the Port or place for which the same shall be entred as aforesaid or in some other Port or place within the said Kingdom of England Dominion of Wales or Port and Town of Berwick and the dangers and accidents of the Seas excepted to return a Certificate within Six moneths after the date of such Cocquet and Cocquets under the Hands and Seals of the Kings Majesties Officers Signed also by some of the said person or persons which are or shall be appointed by His Majesty for managing the Customs or their Deputy or Deputies in every respective Ports Members or Créeks where the same shall be landed and discharged to His Majesties Officers of the Customs to whom such security hath béen given as aforesaid that such Goods Wares and Merchandizes were there landed and discharged accordingly Officers of any Port making false certificate upon the penalty of the forfeiture of the Bond and Security aforesaid And be it hereby further Enacted That if any Officer of any Port Member or Créek shall grant or make any false Certificate of any Goods or Merchandizes which should have béen landed out of any Ship or Vessel That such Officer shall lose his Imployment and moreover forfeit the sum of Fifty pounds The Penalty and suffer one years Imprisonment without bail or mainprize and be incapable of serving his Majesty in any place of Trust concerning his Customs and be further liable to such Corporal punishment as the Court of Exchequer shall think fit Counterfeiting Cocquets Certificates c. The penalty And if any person whatsoever shall Counterfeit Rase or Falsifie any Cocquet Certificate or Return Transire Let-pass or any other Custom-house Warrant he shall forfeit
One hundred pounds and the Cocquet Certificate or Return shall be invalid and of none effect and if any Goods Wares or Merchandizes brought or coming into any Port Haven or Créek within the Kingdom of England Dominion of Wales or Port and Town of Berwick from any other Port Haven or Créek within the Kingdom of England or Dominions aforesaid by Port Cocquet Transire Let-pass or Certificate in Ships or Vessels shall be landed or put on shore before such Cocquet Transire Let-pass or Certificate shall be delivered to such Person or Persons which are or shall be appointed by his Majesty for manageing his Customs the Customer or Collector and Comptroller of the Port or Place of their Arrival or to their Deputy or Deputies and a Warrant or Sufferance made and given from such person or persons Customer or Collector and Comptroller or their Deputy and Deputies aforesaid for the landing and discharging thereof And be it further Enacted by the Authority aforesaid That if any Goods Wares Goods secretly conveyed beyond Sea uncustomed and undiscovered by the officers or Merchandizes for which the Duties of Subsidy or Custom are due and payable to the Kings Maiesty shall be secretly conveyed on Board any Ship or Vessel before the Custom and Subsidy thereof be duly answered and paid and shall escape the discovery thereof by the Officers of the Customs or others and be carried into the parts beyond the Seas in such case the Owners or Proprietors of such Goods Wares or Merchandizes or other person or persons who shall have so shipped or caused the same to be shipped and transported shall forfeit the double value of the Goods The penalty computed according to the Book of Rates Except for Coal which so secretly Exported as aforesaid shall pay double the Custom and Duty to be Collected and Levied in such manner as by the Act of Tunnage and Poundage is directed and appointed Be it further Enacted by the Authority aforesaid For preventing frauds in louring strangers goods That for preventing of frauds in colouring of strangers Goods and otherwise every Merchant or other passing any Goods Wares or Merchandizes Inwards or Outwards shall by himself or his known servant Factor or Agent subscribe one of his Bills of every Entry with the mark number and contents of every parcel of such Goods as are rated to pay by the piece or measure and weight of the whole parcel of such Goods as are rated to pay by the weight without which the Officers of the Customs shall not suffer any Entry to pass And that no children of aliens under the age of Twenty one years be permitted to be Traders or any Goods or Merchandizes to be entred in their names Be it also hereby Enacted That upon any Actions There shall be no party Iury in actions or suits concerning customs Suits and Informations that shall be brought commenced or entred upon any Law or Statute concerning the Kings Majesties Subsidies of Tunnage and Poundage or Ships or Goods to be forfeited by reason of unlawful Importation or Exportation there shall not be any Party Iury but such only as are the natural and frée-born Subjects of the King his Heirs or Successors And whereas allowances given to Merchants and others for defects and damages upon Goods Allowances for defects and damages in goods how to be made and Five per centum generally upon all Goods Imported and Twelve per centum upon Wines every Merchant or others having the aforesaid allowances inwards shall in person upon Oath by himself or by his known Servant or Factor demand and receive the moneys due upon Debenturs for such forreign Goods Exported by such Certificate with such abatements and allowances as were made and given to him upon the Importation and if he be found fraudulently to ship out less in quantity or value then is expressed in his Certificate the Goods therein mentioned or the value thereof shall be forfeited and the Owner or Merchant shall lose the benefit of receiving back any part of the Subsidy for those Goods and if any Goods shipped out by Certificate as aforesaid shall be landed again in the same or any other Port or Place within the Kingdom of England Dominion of Wales and Town and Port of Berwick unless in case of Distress to save the Goods from perishing which shall be presenly made known to the Person or Persons which are or shall be appointed by His Majesty to manage His Customs and Principal Officers of the Port no allowance shall be demanded or made for those Goods and the said Goods or value thereof shall be forfeited and lost Be it further Enacted by the Authority aforesaid That all Goods Goods brought from or carried into Scotland by land shall pass through Barwick or Carliâ—e Wares or Merchandize that shall be brought out of or carried into the Kingdom of Scotland by Land into or out of the Kingdom of England Dominion of Wales or Port and Town of Berwick shall pass and be carried by and through some of the Towns and Passages hereafter named that is to say by and through Berwick or Carlile and then and there pay the Custom and Subsidy granted and due to the Kings Majesty by an Act of this present Parliament Entituled 12 Car. 2. cap. 4. A Subsidy granted to the King of Tunnage and Poundage and other Sums of Money payable upon Merchandize Exported and Imported And if any Goods Wares or Merchandize prohibited or uncustomed coming out of Scotland into England or going out of England into Scotland shall pass by or beyond the Towns Ports and Places aforenamed without due entry and payment of the Customs That then all such Goods Wares and Merchandize or the value thereof shall be forfeited and lost And whereas in and by an Act of Parliament in the First year of Quéen Elizabeth 1 El. cap. 11. When and where Merchandize shall be landed and custom paid of famous memory directing when and where Merchandize shall be landed and Customs paid it is amongst divers other things Enacted and Ordained That no Goods Wares or Merchandize shall be shipped or loaden aboard any Ship or Vessel or landed or discharged out of or from any Ship or Vessel but in or upon some such open Place Key or Wharf Places Keys or Wharfs Except the Port of Hull as her Highness her Heirs and Successors should therefore assign or appoint by vertue of her Highness Commission or Commissions within the Port of London and in all Ports Creeks Havens or Roads as in and by the said Act doth and may at large appear And whereas notwithstanding the aforesaid Act there are some Ports Créeks and places where Customers Collectors and Comptrollers and Searchers their servants had then time out of mind béen resident to which no such Commissions were sent nor places keys nor wharfs appointed as by the said Act was directed And whereas also since that time by reason of the alteration 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
his Majesties Exchequer before the four and twentieth of June one thousand six hundred sixty and two and have or shall have notice thereof by Process out of the Court of Exchequer or otherwise served upon his person or left at his house or last known place of Habitation before the nine and twentieth of September one thousand six hundred sixty and two and shall not before the first day of Easter Term then next ensuing perfect their Accounts touching the said Charge that then the Charge against all and every such person or persons shall be taken as a Debt by Writing Obligatory or Recognizance taken and acknowledged to the Kings Majesty according to the Statute aforesaid and that in both the said Cases Process shall be awarded as is used for recovery of debts due to his Majesty according to the Statute as aforesaid against him or them and against all and every their Sureties not pardoned or discharged by the said Act of Oblivion and his and their respective Lands Tenements Goods and Chattels and Debts and the said Charge to continue in force only until the Accounts shall be perfected and the Accountants discharge them thereof in due manner in the said Court of Exchequer with such allowances as are given by the said Act of Oblivion and untill payment made unto his Majesty of all such sums of money as shall be found due upon the determination of his or their Accounts CAP. XVII Relief of Collectors of Publick Moneys and their Assistants and Deputies 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 Parliament now assembled and by Authority of the same Collectors others imployed in levying money by vertue of any Act of Parliament being sued may plead the general issue That all Collectors and other Persons who have levied or Collected or shall Levy or Collect any sum or sums of money or other act done or shall do in order to the same by vertue of any Act of Parliament now in force or of any other Act Order or Ordinance allowed to be put in Execution by any such Act of Parliament as aforesaid and who is or shall be sued for or concerning the same by any other then the Kings Majesty his Heirs and Successors he and they may plead the General Issue and thereon give the special matter in evidence for his excuse and justification And that all and every person or persons already sued or impleaded for any the Causes aforesaid may notwithstanding any plea or demurrer already made by any such Defendant have liberty to change such his Plea and to plead the General Issue if he shall think fit so to do Provided always that neither this Act nor any thing therein contained shall extend or be construed to extend to authorize the levying or collecting of any sum or sums of money which are pardoned by the late Act 12 Car. 2. c. 11 Entituled An Act of Free and General Pardon Indempnity and Oblivion CAP. XVIII Exporting of Sheep Wool Wool-fells Mortlings Shorlings Yarn made of Wool Wool-flocks Fullers-Earth Fulling-Clay and Tobacco-pipe-Clay Prohibited WHereas against the Laws of this Kingdom great number of Shéep and great quantities of Wooll Wool-fels Mortlings Shorlings Yarn made of Wool Wool-flocks Fullers Earth or Fulling-Clay are secretly Exported Transported carried and conveyed out of the Kingdom of England Dominion of Wales the Town of Berwick upon Tweed and Kingdom of Ireland into the Kingdom of Scotland and into Foreign parts to the great decay of the Woollen Manufactures the ruine of many Families and the destruction of the Navigation and Commerce of the Kingdoms Town and Dominion aforesaid which is like daily to increase if some further remedy be not provided and further penalties imposed upon the Offenders therein Be it therefore Enacted by the Kings most Excellent Majesty by and with the Advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same That if any person or persons shall from and after the first day of August Exporting or carrying of sheep wooll woolfels mortlings shorlings yarn woolflocks Fullers earth Fulling clay out of England Wales or Ireland One thousand six hundred sixty and two directly or indirectly Export Transport Carry or Convey or shall cause to be Exported Transported Carryed or Conveyed out of or from the Kingdom of England Dominion of Wales or Town of Berwick upon Tweed or after the first day of January One thousand six hundred sixty and two out of the Kingdom of Ireland into any parts or places out of the Kingdoms or Dominion aforesaid or into the Kingdome of Scotland any Shéep or Wool whatsoever of the bréed or growth of the Kingdoms or Dominion aforesaid or any Wool-fells Mortlings Shorlings Yarn made of Wool Wool-flocks or any Fullers Earth or Fulling-Clay whatsoever or shall directly or indirectly pack or load or cause to be packed or loaden upon any horse Cart or other Carriage or shall load or lay on board or cause to be loaden or laid on board in any Ship or other Vessel in any place within the Kingdoms of England or Ireland Dominion of Wales or Town of Berwick upon Tweed aforesaid any such Shéep Wooll Wool-fels Mortlings Shorlings Yarn made of Wooll Wool-flocks Fullers Earth or Fulling Clay to the intent or purpose to Export Transport Carry or convey the same or to cause the same to be Exported Transported Carryed or conveyed out of the Kingdoms of England or Ireland the Dominion of Wales or Town of Berwick upon Tweed aforesaid into the Kingdom of Scotland or into any Foreign parts that then every such offence shall be adjudged Felony Made Felony and the Offender or Offenders being duly Convicted shall suffer and forfeit as in case of Felony Aiders and assisters therein shall be adjudged Felons And be it further Enacted by the Authority aforesaid That every Owner of any such Ship or other Vessel every owner of every horse Cart or Carriage upon which any Shéep Wooll Wool-fels Mortlings Shorlings Yarn made of Wool Woolflocks Fullers Earth or Fulling Clay shall be so Exported Transported carryed or conveyed as aforesaid or to any such intent or purpose as aforesaid knowing thereof and being wittingly and willingly aiding assisting or consenting thereunto and also every Master and Mariner of or in such Ship or other Vessel wherein any such Shéep Wooll Wool-fels Mortlings Shorlings Yarn made of Wooll Woolflocks Fullers Earth or Fulling Clay shall be so exported transported carryed or conveyed or loaden or laid on Board as aforesaid to any such intent or purpose as aforesaid knowing thereof and being wittingly and willingly aiding assisting or consenting thereunto and also every Factor or servant or other person whatsoever and every Customer Comptroller Waiter Searcher Surveyor or other Officer or person whatsoever knowing thereof and being wittingly or willingly
aiding assisting or consenting thereunto shall be and shall be adjudged and taken to be a felon and every Offender and Offenders therein being duly convicted shall suffer and forfeit as in case of felony And be it further Enacted by the Authority aforesaid That every offence Offences against this Act where to be examined tryed which shall be done or committed contrary to this Act shall and may be enquired of and heard examined tryed and determined in the County where such Shéep Wool Woolfels Mortlings Shorlings Yarn made of Wool Woolflocks Fullers Earth or Fulling Clay respectively shall be so Packed laden or laid on board as aforesaid or else in the County where such Offender shall happen to be apprehended or arrested for such offence in such manner and form and to such effect to all intents and purposes as if the same offence had béen wholly done and committed in the same County Provided also that every Baron and other Péer of this Realm Peers which shall be indicted or accused as principal or accessary in or to any offence made felony by this Act shall have his her or their Tryal by his her or their Péers as in cases of felony at the Common Law Provided always and be it Enacted by the Authority aforesaid None to be impeached unless within one year next after the offence committed That no person or persons whatsoever shall at any time hereafter be impeached for any offence made felony by this Act unless such person or persons shall be thereof indicted within the space of one year next ensuing such offence committed And forasmuch as great quantities of Wool Woollen yarn and Wool-flocks are close packed and pressed together with serues and other unlawful engines into Butts Pipes Hogsheads Chests and other Cask and Vessels and into Sacks Baggs and other wrappers made of Wool or Linen and under colour of Bales Sacks Baggs Packs and Casks of other Goods and otherwise great quantities of the same are daily loaden on board of Ships or other Vessels and so are carryed conveyed exported and transported out of the Kingdoms Town of Berwick and Dominion aforesaid and also great quantities are daily carryed and laid at or near the Coasts of the Sea or some Navigable Rivers into Store-houses and Barns and by night are laid on board of Shallops and other Vessels belonging to Aliens and so carryed and exported out of the Kingdoms Town of Berwick and Dominion aforesaid Be it therefore Enacted by the Authority aforesaid That from and after the said first day of August Scrues and unlawful Engines for pressing together of wool not to be used no person or persons shall press together with any Scrues Presses or other Engines into any Sack Pack Bag or other wrapper or shall put press pack or stean any Wool whatsoever or any Yarn made of Wool into any Butt Pipe Hogshead Chest or any other Cask or Vessel upon any pretence whatsoever or shall carry or lay or cause to be carried or laid at or near the Shore or Coasts of the Sea or of any Navigable River or into any house or place near adjoyning thereunto any such Wool Wool-flocks or Yarn made of Wool with intention to export transport carry or convey the same out of the Kingdoms of England or Ireland Town of Berwick upon Tweed or Dominion of Wales into the Kingdom of Scotland or into any Foreign parts under the penalty of the loss and forfeiture of all such Wool The penalty Wool-flocks and Yarn made of Wool as shall be so packed or pressed or put or laid into Cask or carried and laid near to the Sea-shoar or to any Navigable River as aforesaid or the value thereof And whereas great quantities of Fullers Earth or Fulling Clay Fulling clay Tobacco-pipe clay not to be exported are daily carried and exported under the colour of Tobacco-pipe Clay Be it therefore Enacted by the Authority aforesaid That no Tobacco-pipe Clay shall from and after the first day of August One thousand six hundred sixty and two be exported transported carried or conveyed out of or from the Kingdom of England Town of Berwick upon Tweed or after the first day of January One thousand six hundred sixty and two out of or from the Kingdom of Ireland or the Dominion of Wales The penalty into the Kingdom of Scotland or into any Foreign parts or into any Port or place out of the Kingdoms or Dominion aforesaid under the penalty of thrée shillings for every pound of Tobacco-pipe Clay which shall be exported or transported contrary to this Act. And be it further Enacted by the Authority aforesaid That from and after the first day of August One thousand six hundred sixty and two no Packs Sacks Bags or Cask of any Wool Packs of wool woolfels c. shall not be carryed but in the day time Wool-fels Mortlings Shorlings Yarn made of Wool Wool-flocks Fullers Earth Fulling Clay or Tobacco-pipe Clay shall be laid or loaden on any horse cart or other carriage whatsoever or shall be carried or conveyed by land to or from any place or places within the Kingdom of England Town of Berwick or Dominion aforesaid nor after the first day of January One thousand six hundred sixty two in the Kingdom of Ireland but in the day time and at seasonable hours that is to say from and after the first day of March to the nine and twentieth day of September yearly betwéen the hours of four of the clock in the morning and eight of the clock in the evening and from the nine and twentieth day of September to the first day of March yearly betwéen the hours of seven of the clock in the morning and five of the clock in the evening The penalty under the penalty of the loss and forfeiture of all such goods or the value thereof the one moyety of all which forfeitures mentioned in this Act to be to the use of the King his Heirs and Successors and the other moyety to him or them that will sue for the same by Action of Debt Bill Plaint or Information in any Court of Record in which no Essoign Protection or Wager of Law shall be admitted or allowed Provided nevertheless Proviso concerning the Act. That this Act or any thing therein contained shall not extend or be construed to extend to repeal disanul and make void any the Penalties Clauses or Provisoes mentioned in one Act of this present Session of Parliament made against the transportation of Wool Wool-fels Fullers Earth or any kind of Scouring Earth 12 Car. 2. c. 32 13 Car. 2. c. 14 or to the prohibiting of the loading on board of any Ship or Vessel of any Weather-sheep Wool Wool-flocks or other goods mentioned in this Act that by the aforesaid Act is permitted to be loaden on board of any Ship or Vessel for the necessary use or provision of such ship or vessel as aforesaid Any thing in this Act contained to
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
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.
Trusts and shall likewise take a Corporal Oath before one or more of the Barons of the Exchequer or before such persons as shall be authorised to take such Security and Oath by Commission from the said Court of Exchequer for the due and faithful execution thereof according to the Laws Enacted to that purpose And that they shall not exact or demand any Fée or sum of money for execution thereof from any Subject but onely from the Kings Majesty under pain of being disabled to execute the said Office or Imployment And upon legal Conviction of any such Crime to render treble damage to the party grieved And shall sign and deliver Acquittances for moneys by them received without any Fée or Reward whatsoever And every such Acquittance shall be a final Discharge as in the said first Act is provided And be it further Enacted by the Authority aforesaid That if any person occupying any Hearth or Stove chargeable to his Majesty shall leave or relinquish any House Edifice Lodging or Chamber before any of the half-yearly Feasts whereon the same is appointed to be paid to his Majesty his Heirs and Successors In every such case the next Occupier thereof shall be chargeable with the same for the said half year And if any person shall fraudulently stop up deface cover or conceal any Chimney-Hearth or Stove chargeable by the said Act and the same be proved either by confession of the party or upon Oath before one Iustice of Peace or chief Magistrate or by their view he shall for such offence pay double the value of the Duty for the same to be levied as aforesaid And be it likewise Enacted That if any person within one year last past hath or hereafter shall let the Lands Gardens Orchards or Out-houses formerly belonging to any Dwelling-house or Cottage apart from the same or shall divide any house into several dwellings or let out the same to any such persons who by reason of their poverty may pretend to be exempted from payment of the said Duty by any Clause or Clauses in the former Acts That in every such case such person shall pay the said Duty in as ample manner as they ought to have done before that time And that no person or persons inhabiting any Dwelling-house not being an Alms-house exempted by the former Act within any City Burrough Corporation Market-Town or Parish which hath or shall have in it more than two Chimneys Fire-hearths or Stoves shall be exempted from payment of the Duties thereon imposed by colour of any exemption or pretext whatsoever And if any question or difference shall arise about the taking any Distress or levying any money by vertue of this Act the same shall be heard and finally determined by one or more of the Iustices of the Peace near adjoyning or chief Magistrate of the place respectively upon complaint in that behalf And be it further Enacted That every Collector who shall be authorised and appointed by vertue of this Act to receive any of the said Duties shall truly answer and pay all such moneys as he shall receive for the said Duties into his Majesties Receipt of Exchequer half-yearly within Thrée moneths after the Feast of Saint Michael the Arch-Angel or the Annunciation of the blessed Virgin Mary happening next after the time the same moneys grew due to his Majesty by vertue of the said Acts and under the penalty of the loss of his Office And the Iustices of Peace and chief Magistrates Constables and other his Majesties Officers within their several Limits and Iurisdictions are hereby authorised and required to give assistance from time to time to such Officers as shall be appointed by his Majesty his Heirs and Successors for the collecting of the said Duty according to the true meaning of the said former Acts and this present Act. Provided That no person or persons shall be questioned for any arrears due on or before our Lady day One thousand six hundred sixty four who shall produce to the Collector a Certificate approved or to be approved of by the two next Iustices of Peace for their exemption from the said Duty for that time according to the Rules prescribed in the said first recited Act nor any person who hath truly paid the said Duty and shall if it be required make proof thereof before any one Iustice of Peace or other chief Magistrate of the place Any thing therein contained or any Return made into his Majesties Exchequer to the contrary thereof in any wise notwithstanding Provided also and be it Enacted by the Authority aforesaid That all and every such Officer or Officers as shall be at any time appointed by his Majesty his Heirs and Successors for the collecting gathering and receiving of the several sums of money now or hereafter to grow due unto his Majesty his Heirs and Successors for or in respect of the said Duty arising upon the Fire-hearths and Stoves shall satisfie and pay unto the respective Petty-Constables and Clerks of the Peace of this Kingdom all such allowances as are by any former Act or Acts given and allowed unto them as well for their pains and labour heretofore as hereafter to be taken by them as in and by the former Acts concerning Fire-hearths and Stoves are limited and appointed Any thing in this Act to the contrary notwithstanding CAP. IV. Seditious Conventicles suppressed WHereas an Act made in the Five and thirtieth year of the Reign of our late Soveraign Lady Quéen Elizabeth entituled An Act to retain the Queens Majesties Subjects in their due Obedience 35 El. cap. 1. declared to be in force hath not béen put in due Execution by reason of some doubt of late made whether the said Act be still in force although it be very clear and evident And it is hereby Declared That the said Act is still in force and ought to be put in due execution For providing therefore of further and more spéedy remedies against the growing and dangerous practises of Seditious Sectaries Further remedy against Seditious Sectaries and other disloyal persons who under pretence of Tender Consciences do at their Méetings contrive Insurrections as late Experience hath shewed 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 if any person of the age of Sixtéen years or upwards being a Subject of this Realm at any time after the first day of July which shall be in the year of our Lord One thousand six hundred sixty and four shall be present at any Assembly Conventicle or Méeting Vnlawful Conventicles and Meetings under pretence of exercise of Religion forbidden under colour or pretence of any exercise of Religion in other manner then is allowed by the Liturgy or practice of the Church of England in any place within the Kingdom of England Dominion of Wales and Town of Berwick
Francis Cory Christopher Jay Suckling Jay Leonard Mapes Henry Clifton Clement Herne Nathaniel Showldham Richard Nixon Edmond Doyley John Thugton John Cock Tho. Browne of Elsing Tho. Corey John Kendall Lawrence Oxburgh John Shadwell Robert Coney Rob. Haughton Rich. Godfrey John Anguish Anthony Fisher Edward Barber Tho. Drury Nich. Rookewood Anth. Drury Robert Drury Tho. Talbot Nich. Styleman Jacob Preston Bassingbourne Gaudy Charles Gaudy VVilliam Davy of Ellingham Nathaniel Knevet Edmond Britiff Simon Britiff Tho. Wright of Kilverston Munford Spelman Edmond de Grey Tho. Wright of Ovington William Brampton and Robert Buxton Gentlemen Kings Lynn For the Burrough of Kings Lynn The Mayor for the time being Robert Steward Recorder Walter Kerby John Basset Thomas Greene John Bird Benjamin Holly Henry Bell William Wharton Thomas Robinson Thetford For the Borough of Thetford The Mayor for the time being sir John Holland and sir Will. Gaudy Baronets sir Allen Apsly Knight Maurice Shelton Esq John Kendall Robert Tyrrell Edmund Hunt Burrage Martin and Osmond Clerk Gentlemen Great Yarmouth For the Burrough of Great Yarmouth The Bayliffs for the time being sir Thomas Meadow Thomas Pufflet John Cubitt Richard Jermin John Hall Abraham Castell Thomas Gooch Nathaniel Ashby John Row George England John Woodroff Edmund Thaxter Arthur Bacon Aldermen For the City of Norwich The Mayor for the time being sir Joseph Payne Knight Francis Cory Esquire Recorder Hen. Watts John Rayley Bernard Church John Man John Salter Christopher Jay Richard Wenman John Osborne John Croshold Will. Haward Esquires The two Sheriffs for the time being Augustine Briggs Tho. Wisse Robert Bendish Richard Couldham John Larrance Hen. Hirne Francis Norris Matthew Markham John Manser Henry VVoods Henry VVatts junior Thomas Thacker Thomas Chickeringe Northumberland For the County of Northumberland Henry Lord Viscount Mansfeild Son and Heir apparent to William Marquess of Newcastle Thomas Grey Ralph Grey Edward VVidrington Esquires sir VVilliam Fenwick sir Ralph Delaval Baronets sir VVilliam Forster sir Henry VViddrington sir Francis Lyddal Knights Edward Grey of Heaton Robert Delaval Cuthbert Heron Ralph Grey of Bradford Thomas Forster of Etherston VVilliam VVidrington William Fenwick of Beywell Ralph Heborn of Heborn John Clark Robert Shafto of Benwell Ralph Jenison John Salkeld the elder of Rock Thomas Benwick of the Closhouse Daniel Collingwood of Branton Richard Stote VVilliam Delaval of Benwick John Rodham of Little Houghton Nicholas Whitehead and Ralph Anderson Esquires VVilliam Warren and Michael Widrington of Morpeth Gentlemen For the Town of Berwick upon Tweed Colonel Edward Grey the Mayor for the time being Thomas Watson Andrew Moore Mark Armorer John Duglas Aldermen and Anthony Afton Bailiff For the Town and County of Newcastle upon Tine the Mayor for the time being sir John Marley and sir Francis Anderson Knights John Clarke and Henry Brabant Esquires Oxon. For the County of Oxon Thomas Earl of Downe in the Kingdome of Ireland Henry Lord Viscount Cornebury son and heir apparent to Edward Earl of Clarendon Lord Chancellor of England Philip Lord Wenman Viscount Tuam in the Kingdom of Ireland James Herbert John Lovelace Esquires sir Anthony Cope sir Henry Lee sir Thomas Spencer sir Thomas Penniston sir William Walter sir Anthony Craven sir Thomas Cleyton Warden of Merton Colledge sir Thomas Chamberlain sir Compton Read Baronets sir VVilliam Fleetwood sir VVilliam Morton one of his Majesties Sergeants at Law sir John Glyn one of his Majesties Sergeants at Law sir Francis Wenman sir Edward Norris sir Henry Jones sir John Robinson Lieutenant of the Tower sir Timothy Terryl sir Thomas Tipin sir John Clarke sir Edmund Bray sir George Croke sir Littleton Osbaldiston sir Robert Jenkinson sir Allen Apsly sir VVilliam Glyn sir Philip Harecourt sir Thomas Cob sir Samuel Jones Knights sir Edward Hungerford Knight of the Bath James Herbert John Lovelace David Walter one of the Grooms of his Majesties Bed-chamber Lewellin Jenkins Doctor of Laws Principal of Jesus Colledge Broome Whorwood Richard Crooke William Cope James Hyde Doctor of Physick President of Magdalen Colledge Thomas Willis Doctor of Physick Thomas Saunders Anthony Libb Vincent Barry Henry Allnut John Stone Francis Martin Edmund Lenthal John Clarke VVilliam Lenthal VVilliam Legg one of the Grooms of his Majesties Bed-chamber VVilliam Dormer John Cartwright George Chamberlain Thomas Wheate VVilliam Sheppard William Cartwright Rowland Lacy Arthur Jones Henry Allworth Doctor of Laws Richard Hollaway Counsellour at Law John Clitherow Gentleman Robert Dormer Raynald Bray William Bayley Thomas Hord John Doyley Charles Hollaway Sergeant at Law Charles Hollaway Thomas Coventry Matthew Skinner Doctor of Physick Samuel Sandys junior William Gamcock Robert Vesey Robert Perrot junior _____ Sheppard of Rosewright Edward Vernon John West William Oakeley Esquires William Wright and John VVickham Gentlemen The Mayor of VVoodstock for the time being Master Alexander Johnson the Mayor of Banbury the Warden of Henley the Bailiffs of Burford and Chipping-Norton and the chief Magistrates to act in their several Corporations only For the Vniversity and City of Oxford the Vice-Chancellor and the two Proctors for the time being sir Thomas Cleyton Knight Warden of Merton Colledge Richard Bayley Doctor of Divinity President of St. Johns Colledge John Fell Doctor of Divinity Dean of Christ-Church John Meredith Doctor of Divinity Warden of All-Souls Colledge Thomas Barlow Doctor of Divinity Provost of Queens Colledge Thomas Yates Doctor of Divinity Principal of Brazen-Nose Colledge Walter Blandford Doctor of Divinity Warden of Wadham Colledge Luellin Jenkins Doctor of the Laws Principal of Jesus Colledge Joseph Crowther Doctor of Divinity Principal of Saint Mary Hall James Hyde Doctor of Physick Principal of Magdalen Hall Richard Lydal Doctor of Physick Thomas Elliot Doctor of Physick Henry Alworth Doctor of Laws Benjamin Cooper Master of Arts Richard Witt Batchelor of Law Nicholas Vilet Batchelor of Law Richard Holway Esquires Martin Lipyard John Cross VVilliam Flexney John Haslewood Joseph Goodwin William Day Richard Davis William Finch Matthew Leech The Mayor of the City for the time being sir Anthony Cope and sir Francis Wenman Baronets sir William Morton sir Sampson White Knights Broom Whorwood Sergeant Hollaway Charles Hollaway Richard Cooke Recorder George Low Esquires Francis Harris Leonard Bowman William Wright Roger Griffin and John White Aldermen John Harris William Bayley Francis Grenoway Francis Heyward John Townsend William Cornish Henry Mallory John Painton Town-clerk Robert Whorwood John Lamb Thomas Rowney Richard Prat and Edward Astin Gentlemen Rutland For the County of Rutland John Lord Roos Son and Heir apparent to John Earl of Rutland Bennet Lord Sherard of the Kingdom of Ireland Edward Noel Henry Noel Philip Sherard Esquires sir Thomas Mackworth Baronet sir Edward Heath Knight of the Bath sir Francis Mackworth sir Edward-Maria Wingfield sir Eusebius Pelsant Knights William Palmes Alexander Noell Christopher Browne Beaumont Bodenham Richard Halford Abel Barker Samuel Brown VVilliam Hyde Edward Faukner Robert Mackworth Esquires Charles Halford Ezekiel Johnson Gentlemen Salop. For the County of Salop VVilliam Pierripont
made for the said Thomas Lâ—vel repealed other then such as are herein after mentioned Enacted Ratified and confirmed shall be and are hereby repealed and made void to all intents and purposes whatsoever And inasmuch as the Right Honourable Thomas Earl of Berkshire and the Lady Elizabeth his Wife and Charles Lord Howard of Charlton commonly called the Lord Viscount Andover their Eldest son and heir apparent The Right Honourable Robert Lord Bruce Baron of Wharlton in the Kingdom of England and Earl of Elgin in the Kingdom of Scotland and the Lady Diana his wife The Right Honourable Anne Countess of Stamford and Thomas Lord Grey of Groby have formerly held and derived to themselves with remainders over to several other persons by several Conveyances from or under the Right Honourable William late Earl of Exeter and Elizabeth late Countess of Exeter or one of them several interests in the said third part of the said Lands allotted to the said Lovel his heirs and assigns and to other proportions by subsequent Decrées of Sewers and towards the Dreyning and maintaining thereof they the said Right Honourable William late Earl of Exeter and Elizabeth late Countess Dowager of Exeter under whom or one of whom they claim and Thomas late Earl of Exeter from whom the said William late Earl and Elizabeth late Countess Dowager of Exeter derived their title have expended several great sums of money but have not so fully effected the said works nor introduced those beneaÌ„ts and advantages which were expected And for reason do alledg that the third part and subsequent allotments are not Recompence sufficient to answer the charge of a more perfect performance of the said work but offer to procéed and perfectly to effect the same if they may have a sufficient recompence and compensation for their Hazard Charge and Pains therein Be it Enacted by the Authority aforesaid Trustees and undertakers made for dreyning the said Fens That Edward Earl of Manchester Lord Chamberlain of his Majesties Houshold William Earl of Devonshire John Lord Berkley of Stratton Anchatil Grey Esquire Henry Grey Esquire and their Heirs and Assigns and the Survivor of them shall be and are hereby declared to be the Vndertakers for the Dreining of the said Fens and every of them in trust to and for such person and persons and to such intents and purposes as are herein after mentioned And that within the space of seven years next ensuing they their heirs and assigns shall and will at their proper costs and charges recover and make dry the said Fens and every of them and make the same firm and depasturable for Cattel at all times of the year except two or thrée hundred Acres or thereabouts in the said Fens called Deeping-Fen and Goggisland and forty Acres or thereabouts in the said Fens called Thursby-Fen and Bourn-South-Fen which are to be left for Lakes and Sykes for the receipt of Waters within the same And also except such Drains and Sewers as now be or hereafter shall be made within the said Fens or any of them for the Dreyning thereof and so much of the grounds adjoyning to the Rivers Dreyns and Sewers within the said Fens as lye or shall lye betwéen the said Rivers Dreyns or Sewers and the Banks made or to be made for kéeping the Waters lying in the said Rivers Dreyns or Sewers from overflowing the rest of the said Fens And also shall for ever hereafter at their own costs and charges not only repair exalt maintain and keep as néed shall require the Banks environing and encompassing the said Fens and every of them but also the Bank on the East-side of the River of Welland from a place in Crowland called Brother-house to Spalding high-bridg And also the Bank on the North-side of the River Glean from Gutheram Coat to a place called Dovehum in Pinchbeck and thereof and of all and every the said Banks above-named shall for ever hereafter exonerate acquit discharge and save harmless as well the Kings Majesty his Heirs and Successors as the Quéen Dowager her Tenants and under-Tenants and all other person and persons their Heirs and Assigns of and for their repairing and amending of their several parts and allotments of the same but also that they the said Trustées their Heirs and Assigns and the Survivor of them at their own proper Costs and Charges shall for ever maintain and kéep the Rivers of Glean and Welland with sufficient Dyking Roading Scowring and Banking viz. the River of Welland from the Outgang at the East end of East-Dieping leading into the said Fens Glean and Welland Rivers unto the Out-fall thereof into the Sea and to preserve and maintain the Navigation thereof without Imposition or paying any thing whatsoever for the same but with liberty to alter and divert the Course and Channel of the same into any other part or parts of the said Fens before it cometh to the said Corner of Dieping-Fen abutting upon Hawthorne-Bank from whence through the said Town of Spalding as it now passeth to the Sea it shall not be lawful to divert the Course thereof And with like liberty to divert the said River of Glean before it cometh to the place called Pinchbeck-Barrs or Dovehurne in Pinchbeck from which place called Dovehurne through the said Town and the Town of Surflet as it now passeth to the Sea it shall not be lawful to divert the same or prejudice the Navigation thereof And all manner of Dreins Sewers and Passages for Waters and other Water-works whatsoever which now are or hereafter shall be made within or without the said Fens for the draining of the said Fens or any of them which shall be necessary to be made or continued in order to the preserving the said Fens from Surrounder And thereof and of all and every the said Rivers to discharge exonerate acquit and save harmless as well the Kings and the said Quéens Majesties his Heirs and Successors their Tenants and Vnder-tenants as all other person and persons their Heirs and Assigns of and for the repairing and amending of their several parts and allotments in them and every of them Be it further Enacted by the Authority aforesaid That the said Trustées their Heirs and Assigns or the Survivor of them shall at their own proper Costs and Charges make Sufficient Gates and Bridges to be made set down and maintain such reasonable and convenient Bridges with Gates unto the same in wideness not excéeding twelve foot being well and sufficiently railed or walled against the sides as well over any Drain or Ditch now made or hereafter to be made whereby passage may be had into the Fens in such and so many fit and convenient places as shall be thought fit and ordered by any six Commissioners of Sewers for the said County of Lincoln in their publick and open Sessions and the same shall for ever kéep and maintain for convenient and ready passage with Carts and Carriages and all sorts of Cattel
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
for every Twenty shillings which he or they do receive by his and their respective Practises and Professions in one year allowing to every such person and persons of the several Professions aforesaid one Third part out of such moneys as he or they shall so receive in their respective Practises and Professions for and towards the Charge and Expence occasioned by his or their attendance upon his or their Practice or Professions aforesaid And all and every Servant Servants Wages which at the time of the execution of this Act shall receive Wages for his her or their Service shall pay unto His Majesty the sum of Twelve pence for every Twenty shillings by the year which shall be due or payable to him her or them for his her or their Wages except for Board-wages And all and every person and persons shall pay unto his Majesty the sum of Twelve pence over and above the other Rates charged upon them by this Act. 19 Car. 2. cap. 1. And be it further Enacted In what cases Masters shall pay Servants Assessment That in case any Servant shall upon the demand of such Assessment or Moneys as are due from him or her by vertue of this Act refuse or neglect to pay the same to the respective Collector in such case his or their Master or Mistress shall pay such Servants Assessment And it shall then be lawful for such Master or Mistress to deduct and stop the same out of such Wages as shall or ought to be next paid unto such Servant Any Law or Custom to the contrary notwithstanding Provided always That no person who receives Alms from the Parish Persons receiving Alms exempted nor the Children of any person remaining in his or her Family who by reason of their poverty doth not contribute to the Rates for the Church and Poor and who are under the age of Sixtéen years shall be charged or taxed by vertue of this present Act. Provided also and be it Enacted That every Alien-stranger born out of this Kingdom Aliens shall pay double shall pay double the sum which he or they ought to have paid in any capacity whatsoever in this Act mentioned in case he or they had béen natural born Subjects And be it further Enacted and Ordained Persons of several Ranks and Degrees That all and every person and persons who at the time of the execution of this Act shall be of the several Ranks and Degrées hereafter mentioned shall to the purpose aforesaid contribute and pay the several sums of money hereafter in this Act set down and appointed That is to say Duke Every person of the degrée of a Duke of England Scotland or Ireland inhabiting and residing within this Kingdom shall pay the sum of Fifty pounds Every person of the degrée of a Marquess of any of the said thrée Kingdoms Marquess inhabiting and residing within this Kingdom shall pay the sum of Fourty pounds Every person of the degrée of an Earl of any of the said thrée Kingdoms Earl and inhabiting or residing within this Kingdom the sum of Thirty pounds Viscount Every person of the degrée of a Viscount of any of the said thrée Kingdoms and inhabiting and residing within this Kingdom the sum of Twenty five pounds Every person of the degrée of a Baron of any of the said thrée Kingdoms Baron and inhabiting or residing within this Kingdom the sum of Twenty pounds Eldest Son of a Duke Every eldest Son of a Duke of any of the said thrée Kingdoms and inhabiting or residing within this Kingdom being of the age of One and twenty years the sum of Thirty pounds Eldest Son of a Marquess Every eldest Son of a Marquess of any of the said thrée Kingdoms and inhabiting and residing within this Kingdom being of the age of One and twenty years the sum of Twenty five pounds Eldest Son of an Earl Every eldest Son of an Earl of any of the said thrée Kingdoms and inhabiting or residing within this Kingdom being of the age of One and twenty years the sum of Twenty pounds Eldest Son of a Viscount Every eldest Son of a Viscount of any of the said thrée Kingdoms and inhabiting or residing within this Kingdom being of the age of One and twenty years the sum of Seventéen pounds ten shillings Eldest Son of a Baron Every eldest Son of a Baron of any of the said thrée Kingdoms and inhabiting or residing within this Kingdom being of the age of One and twenty years the sum of Fiftéen pounds Baronet Every person of the degrée of a Baronet of any of the said thrée Kingdoms or of Nova Scotia and inhabiting or residing within this Kingdom the sum of Fiftéen pounds Knight of the Bath Every person that is a Knight of the Order of the Bath inhabiting or residing within this Kingdom the sum of Fiftéen pounds Every person who is a Knight Batchelor Knight Batchelor Sergeant at Law Esquire inhabiting or residing within this Kingdom the sum of Ten pounds Every Sergeant at Law the sum of Ten pounds Every person of the degrée of an Esquire or so reputed inhabiting or residing within this Kingdom and above the age of One and twenty years the sum of Five pounds Every Widow respectively according to her Husbands degrée â—â—dow shall pay the third part rated by this Act upon that degrée of which the Husband of such Wife was in his life-time Gentleman And every Gentleman or reputed Gentleman above the age of Sixtéen years the sum of Twenty shillings Proviso for Gentlemen not having 300 l. Estate Provided always That every Gentleman having an Estate of the value of Thrée hundred pounds or more shall be charged with the sum of Twenty shillings by vertue of this Act though he be a Minor under the age of One and twenty years And no Gentleman not having such an Estate and shall thereof make Oath before any two or more of the respective Commissioners shall be charged with the said sum of Twenty shillings in respect of his Title And be it further Enacted and Ordained That all and every the person and persons within the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed who at the time of the execution of this Act Orders Ranks and Degrees shall be of the several Orders Ranks or Degrées hereafter mentioned shall to the purpose aforesaid pay the several sums of money hereafter in this Act set down and appointed Archbishop Bishop that is to say Every person of the Order and Degrée of an Archbishop shall pay the sum of Fifty pounds Every person of the Order and Degrée of a Bishop the sum of Twenty pounds Dean Every person of the Degrée of a Dean of any Cathedral or Collegiate Church shall pay the sum of Ten pounds Archdeacon Every person of the Degrée of an Arch-Deacon shall pay the sum of Forty
in force until the end of Seven years from the expiration or determination of the fore-mentioned Act. And be it further Enacted by the Authority aforesaid That the benefit of Clergy shall be taken away from great known and notorious Thieves and Spoil-takers in the said Counties of Northumberland Cumberland or either of them during the continuance of this present Act Clergy taken away from notorious Theives in Northumberland Cumberland who shall be duly Convicted for Theft done or committed within the said Counties or either of them Or otherwise That it shall and may be lawful to and for the Iustices of the Assize and Commissioners of Oyer and Terminer or Gaol-delivery before whom such Offenders shall be Convicted within the said Counties or either of them to Transport or cause to be Transported the said Offenders and every of them into any of His Majesties Dominions in America there to remain and not to return Any former Law Statute or Vsage to the contrary in any wise notwithstanding CAP. IV. For Burying in Woollen onely FOr the Encouragement of the Woollen Manufactures of this Kingdom and prevention of the Exportation of the Moneys thereof for the Buying and Importing of Linnen Woollen Manufactures encouraged Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled and by the Authority thereof That from and after the Five and twentieth day of March in the year of our Lord One thousand six hundred sixty seven No person or persons whatsoever shall be buried in any Shirt None shall be buried but in Woollen Shift or Shéet made of or mingled with Flax Hemp Silk Hair Gold or Silver or other then what shall be made of Wooll onely or be put into any Coffin lined or faced with any thing made of or mingled with Flax Hemp Silk or Hair upon pain of the forfeiture of the sum of Five pounds Penalty to be imployed to the use of the poor of the Parish where such person shall be buried for and towards the providing a Stock or Work-house for the setting them at work to be levied by the Churchwardens and Overséers of the Poor of such Parish or one of them by Warrant from any Iustice of the Peace or Mayor Alderman or Head-officer of such City Town or place Corporate respectively within their several Limits by Distress and Sale of the Goods of the party Interred contrary to this Act rendring the overplus or in default thereof by Distress and Sale of the Goods of any that had a hand in the putting such person into such Shift Shirt Shéet or Coffin contrary to this Act or did order or dispose the doing thereof to be levied and imployed as abovesaid Proviso for persons dying of the Plague Provided That no penalty appointed by this Act shall be incurred for or by the reason of any person that shall die of the Plague though such person be buried in Linnen CAP. V. For Encouraging for Coynage WHereas it is obvious That the plenty of Current Coyns of Gold and Silver of this Kingdom is of great advantage to Trade and Commerce For the Increase whereof Your Majesty in Your Princely Wisdom and Care hath béen graciously pleased to bear out of Your Revenue half the Charge of the Coynage of Silver-money For the preventing of which Charge to Your Majesty Encouragement for bringing Gold and Silver into the Realm and the Encouragement of the bringing of Gold and Silver into the Realm to be converted into the Current Money of this Your Majesties Kingdom We Your Majesties Dutiful and Loyal Subjects do Give and Grant unto Your Majesty the Rates Duties or Impositions following And do beséech Your Majesty that it may be Enacted And be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same That whatsoever person or persons Native or Foreigner Alien or Stranger Silver or Gold brought in to be Coyned shall from and after the Twentieth day of December One thousand six hundred sixty and six bring any Foreign Coyn Plate or Bullion of Gold or Silver in Mass Molten or Allayed or any sort of Manufacture of Gold or Silver into His Majesties Mint or Mints within the Kingdom of England to be there Melted down and Coyned into the current Coyns of this Kingdom shall have the same there Assayed Melted down and Coyned with all convenient spéed without any Defalcation Diminution or Charge for the Assaying Coynage or Wast in Coynage So as that for every pound Troy of Crown or Standard-Gold that shall be brought in and delivered by him or them to be Assayed Melted down and Coyned as aforesaid there shall be delivered out to him or them respectively a pound Troy of the current Coyns of this Kingdom of Crown or Standard-Gold And for every pound Troy of Sterling or Standard-Silver that shall be brought in and delivered by him or them to be Assayed Melted down and Coyned as aforesaid there shall be delivered out to him or them respectively a pound Troy of the current Coyns of this Kingdom of Sterling or Standard-Silver and so proportionably for a greater or lesser weight And for every pound Troy of Gold or Silver that shall be brought in and delivered to be Assayed Melted down and Coyned as aforesaid that shall be finer upon Assay then Crown-Gold or Standard-Silver there shall be delivered for the same so much more then a pound Troy as the same doth in proportion amount unto in â—â—neness and value And for every pound Troy of Gold or Silver that shall be brought in and delivered to be Assayed Melted down and Coyned as aforesaid that shall be courser or baser upon Assay or worse in value then Crown-Gold or Standard-Silver there shall be delivered for the same so much less then a pound Troy as the same doth fall short in fineness or value and so for a greater or lesser quantity And it is hereby further Enacted by the Authority aforesaid That there shall be no preference in point of Assaying or Coynage There shall be no under preference but money Coyned shall be delivered out in order but that all Gold and Silver brought in and delivered into the Mint to be Assayed and Coyned shall be Assayed Coyned and delivered out to the respective Importers according to the order and times of bringing in and delivering the same into the Mint or Mints and not otherwise So as he that shall first bring in and deliver any Gold or Silver to be Coyned shall be taken and accounted the first person to have the same Assayed Coyned and Delivered And he or they that shall bring in and deliver any Gold or Siver next to be accounted the second person to have the same Assayed Coyned and Delivered and so successively
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
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
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