Selected quad for the lemma: england_n
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A39441
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An Abridgement of the statutes made in the thirteenth year of the reign of King Charles the Second alphabetically digested under apt titles and heads for the ready finding out of the matter.
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England and Wales. Laws, etc.
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1661
(1661)
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Wing E860; ESTC R6329
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18,777
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46
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either in Law or Equity shall be adjudged forfeited to the King and are hereby put into the actuall and reall possession of the King without any further Office c. 3. That no Conveyance Assurance c. whatsoever of or out of any Manours Lands Tenements or Hereditaments not being the Late King 's Queens or Prince or of any Arch-Bishop Bishops Deans Deans and Chapters nor being Lands or Hereditaments sold or given for Delinquency or pretended Deliquency by pretext of some Act Order Ordinance or pretended Order since the first day of January 1641. Nor any Statute Judgment or Recognizance hand made c. to any person Bodies Politick or Corporate before the 29 of September 1659. by any of the aforesaid offenders or their Heirs or by any others claiming by from or under them or any of them other then the Wife or Wives Childe or Children Heir or Heirs of the said persons for money bona fide to them or any of them paid or lent or other valuable Consideration nor any Conveyance Assurance c. made before the 25 of April 1660. by any person or persons to the offenders aforesaid in trust and for the benefit of any other person or persons not being any of the offenders aforesaid or in trust for any Bodies Politick or Corporate shall be impeached defeared made void or frustrated hereby or by any of the Convictions and attainders as aforesaid But the same shall be held and enjoied by the Purchasees Grantees Leasees Assigns Cestuy que vse Cestuy que trust and every of them their heirs c. respectively as if this Act had not been made so as the said Conveyances and all and every the Grants and Assurances with by vertut hereof ought to be held enjoyed as aforesaid shall before the first day of January 1662. be entred and enrolled of Record in the Exchequer and not otherwise 4. That William Lord Mounson Sir Henry Mildmay Sir James Harrington Robert Wallop Esq and John Phelps shall be and are hereby degraded from all Titles of Honour Dignities and preheminences wich they now have or hereafter may descend unto them And none of them shall bear or use the style of Lord Baronet Knight Esquire or Gentleman nor any Coats of Arms or other Legal Title or addition but hereby are made persons of Dishonour and Infamy 5. That the said William Mounson Henry Mildmay James Harrington Robert Wallop and John Phelps shall upon the 27 of January 1661. or so soone after as they shall be apprehended carried to the Tower of London and from thence drawn upon Sledges with Ropes about their necks quite through the Streets unto the Gallows at Tiburn and in like manner be brought back again and be imprisoned during the terme of their natural lives 6. That no executor or Administrator to any of the dead persons whose Estate is herby forfeited shall be sued or molested for any Debt or Legacy by them pai'd as Executors or Administrators to any person to whom the same was due or bequeathed and was paid bona fide but the respective Legatees who have received c. shall be accountable and pay tho same to the King 7. Nothing herein shall be construed to forfeit the terme estate or interest which Sir William Lewes of Borden in the County of Southampton had or hath in the Custody of the Park called East-Mean Park in the said County and in the Game of Conies therein for the Term of three years to come from Our Lady-day last being the remaining years of a greater term the said Sir William being formerly possessed thereof the which Park and premisses belonging to the Bishop of Winchester the said Sir William hath surrendred to the Bishop of Winchester and hath now taken a new Lease for three Lives the which said Lease for three lives to the said Sir William shall notwithstanding this Act remain firm and Good saving alwaies to every person c. their heirs c. all such Estate Right Title and Interest in Law Equity which any person hath or ought to have therein not being in trust for any of the said offenders nor derived by from or under them since the 25 of March 1646. saving alwaies and reserving to Cuthbert Collingwood Esq and George Collingwood Gent. his Son their and every of their Heirs and Assigns the Farmers and Tenants of the said Cuthbert and George or either of them and of their Heirs and Assigns All such Right Title of Entry and Action Use Interest and Possession which any of them or any in trust for them have or had or ought to have of into or out of the Mannors Townships Villages Hamblets and Precincts of Eslington Whittingham Barton Throunton Frawden Keinton West-Brunton East-Brunton Dunnington Blakedon alias Blagdon and Wetslade or any of them in the County of Northumberland and of in to or out of the Lands Tenements c. and Appurtenances to any of them belonging 8. That this Act shall not prejudice the Estate and Interest in Law or Equity of Rachell Powre Widow of in and to one Copyhol-Messuage and Mill with the appurtenances being in Chepmansford in the County of Southampton which by Order Decree of the High Court of Chancery of the 21 June 1661 she is to be forthwith restored unto and put into possession of c. but that she shall hold and enjoy the same according to the said Decree 9. That it shall be lawful for Barrington Bourchier Esq Son and Heire of Sir John Bourchier before mentioned to hold and enjoy all and singular the Lands c. to him lately granted c. by Letters Pattents under the Great Seal of England bearing date the 22 day of March in the 13 year of his Majesties Reign against his Majestie c. for ever according to the full intent and meaning of the said Letters Patents Preservation of the King's Person and Government see Treason Petitions and Addresses see Tumults Treason Stat. 13 Car. 2. cap. 1. That if any person after the 24 of June 1661. during the naturall life of the King shall within the Realm or without compass imagine invent devise or intend death or destruction or any bodily harm tending to death or destruction maim or wounding imprisonment or restraint of the person of the King or to deprive or depose him from the style Honour or Kingly name of the Imperiall Crown of this Realm or of any other his Majesties Dominions or Countreys or to Levy war against his Majestie within this Realm or without or to move or stir any foreiner or strangers with force to invade this Realm or any other his Majesties Dominions or Countreys being under his Majesties obeysance And such compassings imeginations inventions devices or intentions or any of them shall express utter or declare by any Printing Writing Preaching or malicious and advised speaking being legally convicted thereof upon the Oaths of two lawfull and credible Witnesses upon Tryall or otherwise convicted or attainted by due
his Majesties service other then the person so impowred shall upon due conviction of the said offence suffer the punishment contained in the first recited Act. 5. That none of his Majesties said Servants shall be compelled to pay above 1 s. by the night for every Bed that they shall use for themselves nor above 6d for the same for their servants And that in all such houses where any of his Majesties said Servants shall pay for their Diet or for Hay and Provender convenient Lodging shall be provided for themselves and their servants without paying any thing for the same 6. That any two or more Justices of Peace near the Road through which his Majesty is to pass shall immediately after notice in writing from the said Green-cloth and Avenor under their hands and seals set down and appoint such reasonable rates and prices to be pai'd during his Majesties abode there both for Hay Oats and other accommodations for Horses as they shall think meet which Rates the Justices shall cause to be proclaimed one day at the least before his Majestles coming to such place in the Market-Town next to such place and in such other places as they shall think fit to the end that notice may be taken of such prices And if any take above the rates so limited either for Lodging Horse-meat Stable-room or other such accommodations thereof be convicted by confession or Oath of one credible Witness before any one Justice of Peace who is to administer the said Oath every person so offending shall forfeit and pay to the party grieved 40 s. to the leavied by distress by warrant from the said Justice and sale thereof returning the overplus the charge of the distreining being first deducted 7. This Act to continue till the end of the first Session of the next Parliament and no longer Collectors see Treasurers Dear-stealing Killing c. Stat. 13 Car. 2. cap. 10. That if any person or persons shall after the first day of August 1661. unlawfully Course Kill hurt or take away any Red or Fallow-Deer in any Forest Chase c. or other Ground where Deer are or have been usually kept within the Realm of England or Dominion of Wales without the consent of the Owner or person chiefly intrusted with the Custody thereof or shall be aiding or assisting therein and shall be convicted thereof by confession or by the Oath of one credible Witness before a Justice of Peace who is hereby impowred to-administer an Oath to that purpose such person being presented within six months after such offence done shall forfeit for every such offence 20 li to be leavied by distress upon the Goods and Chattels of the Offendor by warrant under the Justices hand before whom such conviction shall be made the one moyety to the Informer the other to the Owner of the Deer and for want of Sufficient distresse the Offender shall be committed to the Howse of Corection for six moneths or to the Common Goale for one whole year without Bail or Mainprise at the Justices discretion and not to be discharged till sufficient security be given for their good behaviour for one whole year next ensuing their inlargement No offendor punished hereby shall incur the penalty of any other Law or statute for the same offence Disorders see Tumults Excise Arrears vested in the King Stat. 13 Car. 2. cap. 13. That all and every Sum and sums of money any waies due or owing from or by any person or persons for or touching the Imposition or Duty called the Excise here o'ore imposed and made payable upon Beer Ale or any other Commodities by any Laws of pretended Laws or Ordinances And all Debts therefore owing whether by Obligation or upon Accompt from the Farmers of Excise or any other person or persons whatsoever or any of their Securities and not pardoned by his Majesties Act of Pardon and Oblivion be and are hereby vested in the King his Heirs and Successors and that his sacred Majesty his Heirs and Successors may from time to time and at all times hereafter have demand sue for and recover the same of all and every person and persons their Heirs Executors and Administrators having Assets who are any way accomptable for the same or any part thereof and from his and their respective Sureties and Securities as if the same Duties of Excise had been lawfully assessed imposed and collected and as if the several pretended Acts Orders and Ordinances assessing and imposing the same had been legall Acts of Parliament and had in express words given and granted all every the said Duries unto his Majesty and as if the Obligations and Recognizances entered into by the respective Sureties and Securities had been taken in his Majesties name 2. That all persons accomptable by virtue of this Act shall have all such due allowance in their Accompts as all such persons whose Accompts are excepted in the Act of Pardon Indempnity and Oblivion are or ought to have 3. No person shall be questioned or molested for any of the Duties herein or hereby vested in the King except he shall be sued or prosecuted with effect before the 25 of December 1662. 4. That all persons Accomptable hereby are hereby enabled to sue for leavy and recover from any person who stands indebted unto them in any Sum of money for the Duty of Excise for which they are hereby accomptable all Sums of money and arrears unsatisfied in as full manner as they might have received and levied the same when they first grew due Free Present see Present Forfeitures to the King see Pains and Penalties Holy Orders Stat. 13 Car. 2. c. 2. Whereas an Act was made by the Parliament begun at Westminster the 3 of Nov. in the 16 Caroli 1. entituled An Act for disinabling all persons in Holy Orders to exercise any Temporal Jurisdiction or Authority Which Act hath made several Alterations prejudicial to the Constitution and antient Rights of Parliament and contrary to the Laws of this Land and is by experience found otherwise inconvenient It is Enacted that the said Act and every Clause matter and thing therein contained shall be and is hereby from henceforth repealed and made void to all intents and purposes The King's Person and Government see Treason Militia Stat. 13 Car. 2. cap. 6. A Recitation being made that it is and ever was by the Laws of England the undoubted Right of his Majestie his Royall Predecessors Kings Queens of England to have the sole Supreme Government Command and Disposition of the Militia and of all Forces by Sea and Land and of all Forts and places of strength and that both or either of the Houses of Parliament cannot nor ought to pretend to the same nor can nor lawfully may raise or leavy any War offensive or defensive against his Majesty his Heirs or lawfull Successors and yet the contrary hath of late been practised almost to the ruine of the Kingdome And whereas during the late