upon this Act may be Assigned over And be it further Enacted by the Authority aforesaid That every person or persons to whom any moneys shall be due by vertue of this Act after Warrant or Order entred in the Book of Register aforesaid for payment thereof his Executors Administrators or Assigns by Indorsement of his Order or Warrant may assign and transfer his Right Title Interest and Benefit of such Warrant or Order or any part thereof to any other which being notified in the Office of the Auditor of the Receipt aforesaid and an entry and memorial thereof also made in the Book of Registry aforesaid for Warrants which the Officers shall on request without Fée 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 any the moneys thereby due or any part thereof Persons sued for executing this Act may plead the general issue And be it further Enacted by the Authority aforesaid That if any Action Plaint Suit or Information shall be commenced or prosecuted against any person or persons for what he or they shall do in pursuance or in execution of this Act such person or persons so sued in any Court whatsoever shall or may plead the general Issue Not guilty and upon any Issue joyned may give this Act and the special matter in Evidence And if the Plaintiff or Prosecutor shall become Nonsuit or forbear further prosecution or suffer Discontinuance or if a Verdict pass against him the Defendant and Defendants shall recover their treble Costs for which they shall have the like remedy as in any Case where Costs by the Law are given to Defendants CAP. II. Cattel may not be imported from Ireland and other parts beyond the Seas nor Fish taken by Foreigners WHereas by an Act of this present Parliament entituled An Act for the Encouragement of Trade amongst other things some Provision was made for the preventing of coming in of vast Numbers of Cattel 1â Car. 2. cap. 5. Stat. 3. whereby the Rents and Values of the Land of this Kingdome were much fallen and like dayly to fall more to the great Prejudice Detriment and Impoverishment of this Kingdom which nevertheless hath by experience béen found to be ineffectual and the continuance of any Importation either of the Lean or Fat Cattel dead or alive herein after specified not onely Vnnecessary but very Destructive to the welfare of this Kingdome 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 That such Importation from and after the second day of February Importation of Cattel a common Nusance in this present year One thousand six hundred sixty and six is a publick and common Nusance and shall be so adjudged déemed and taken to be to all intents and purposes whatsoever And that if any great Cattel Shéep or Swine or any Béef Pork or Bacon except for the necessary Provision of the respective Ships or Vessels in which the same shall be brought not exposing the same or any part thereof to Sale shall from and after the said second day of February by any wise whatsoever be Imported or brought from beyond Seas into this Kingdom of England Dominion of Wales or Town of Berwick upon Tweed That then it shall and may be lawful for any Constable The Penalty Tything-man Headborough Church-wardens or Overséers of the Poor or any of them within their respective Liberties Parishes or Places to take and seize the same and kéep the same during the space of Eight and fourty hours in some publick or convenient place where such Seizure shall be made within which time if the Owner or Owners or any for them or him shall make it appear unto some Iustice of the Peace of the same County where the same shall be so seized by the Oath of two credible Witnesses which Oath the said Iustice of Peace is hereby impowred and required to administer That the same were not Imported from Ireland or from any other place beyond the Seas not herein after Excepted after the said second day of February Then the same upon the Warrant of such Iustice of Peace shall be delivered without delay But in default of such Proof and Warrant then the same to be forfeited One half thereof to be disposed to the use of the Poor of the Parish where the same shall be so found or seized the other half to be to his or their own use that shall so seize the same And for the better encouragement of the Fishery of this Kingdom Be it further Enacted by the Authority aforesaid That if any Ling Herring Cod or Pilchard fresh or salted Encouragement of Fishery dryed or bloated or any Salmons Eels or Congers taken by any Foreigners Aliens to this Kingdom shall be Imported uttered sold or exposed to sale in this Kingdom That then it shall and may be lawful for any person or persons to take and seize the same The one half thereof to be disposed of to the use of the Poor of the Parish where the same shall be so found or seized the other half to his or their own use which shall so seize the same Provided always That nothing in this Act shall be construed to hinder the Importation of Cattel from the Isle of Man in this Kingdom of England Isle of Man so as the number of the said Cattel do not excéed Six hundred Head yearly And that they be not of any other Bréed then of the Bréed of the Isle of Man And that they be landed at the Port of Chester or some of the Members thereof and not elsewhere This Act to continue until the end of Seven years and from thence to the end of the First Session of the next Parliament CAP. III. A former Act for preventing of Theft and Rapine upon the Northern Borders of England Continued WHereas an Act was made in the Fourtéenth year of the Reign of our Soveraign Lord the King that now is entituled 14 Car. 2. cap. 22. An Act for preventing of Theft and Rapine upon the Northern Borders of England which Act is very near expiring and hath béen found very necessary for the preservation of those places from that great number of Lewd Disorderly and Lawless persons that usually frequented thereabouts 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 That the said Act and every Clause and Clauses therein contained and all and every the Powers and Authorities thereby given be continue and remain
Patents Indentures or other Writings under his great Seal of England or Seal of the Court of Exchequer of any Manors Lands Tenements or Hereditaments parcel of the possessions of the said Dutchy of Cornwall or annexed to the same shall be good and effectual in Law according to the purport and content of the said Leases against our said Soveraign Lord the Kings Maiesty his Heirs and Successors and against all and every person or persons that shall hereafter have inherit or enjoy the said Dukedom of Cornwall by force of any Act of Parliament or other limitation whatsoever Except they be made for above 3â years or 3 lives c. Provided alwayes That every such Lease so to be made of any Manors Lands Tenements or Hereditaments in possession shall be made but for thrée Lives or fewer or for one and thirty years or under or some other tearm of years determinable upon one two or thrée lives and not above And if such Leases be made in reversion That then the same together with the Estates in possession do not excéed thrée Lives or the terme of one and thirty years and not in any wise dispunishable of waste The ancient Rent to be reserved and if none anciently a reasonable Rent And so as upon every such Lease shall be reserved the ancient or most usual rent or such rent as hath béen yielded or payed for the greater part of twenty years next before the making of the said Leases and shall be reserved due and payable by or to him or her that shall have the Inheritance or other Estate of the said Manors Lands Tenements or Hereditaments And where no such rent hath béen reserved or payable that then upon every such Lease there shall be reserved a reasonable rent not being under the twentieth part of the clear yearly value of the Manors Lands Tenements or Hereditaments contained in such Lease All covenants c. contained in such Leases shall be good And be it further Ordained and Enacted by Authority of this present Parliament That all Covenants Conditions and Reservations and other Agréements contained in every Lease so to be made as aforesaid shall be good and effectual in Law according to the words and contents of the same as well for and against them to whom the reversion of the same Manors Lands Tenements or Hereditaments shall come as for and against them to whom the said Leases shall come respectively As if our said Soveraign Lord the Kings Majesty at the time of the making of such Covenants Conditions and Reservations and other Agréements were seized of an absolute and indefeizible Estate in Fée-simple in the same Manors Lands Tenements or Hereditaments Saving always to all and every person and persons The right of others saved bodies Politick and Corporate their heirs and successors executors administrators and assigns other then our said Soveraign Lord the Kings Majestie and his Heirs and all and every person and persons that shall hereafter have inherit or enjoy the said Dukedom of Cornwall by force of any Act of Parliament or other limitation whatsoever all such rights titles estates customs interests terms claims and demands whatsoever of what kind nature or quality soever of in to or out of the said Manors Lands Tenements or Hereditaments or any of them as they or any of them had or ought to have had before the making of this Act to all intents and purposes and in as large and ample manner and form as if this Act had never béen had or made This Act or any thing therein contained to the contrary notwithstanding CHAP. III. An Act for the Ease in obtaining of Licenses of Alienation and in the Pleading of Alienations with Licence or of Pardons of Alienations without Licence in the Court of Exchequer or elsewhere Stat. 12. Car. 2. cap. 24. All Fines Seizures and Pardons for Alienations and all incidents thereunto are taken away and discharged CHAP. IV. Forreigners as well as Inhabitants shall not be permitted to tipple in Inns Ale-houses c. 21 Jac. 5. WHereas in the last Parliament it was Enacted That if any person or persons whatsoever his or their haâitation or abiding be should after be found upon view or his own confession or proof of one witness to be tippling in any Inn Ale-house or Victualling-house 1 Jac. 5. 4 Jac. 5. such person or persons should be thenceforth adjudged and construed to be within the Statutes of the first and fourth years of the late Kings Majesties reign King James of famous memory The one intituled An Act to restrain the inordinate haunting of tippling in Inns Ale-houses and other Victualling-houses And the other intituled An Act to repress the odious and loathsom sin of Drunkenness as if he or they had inhabited and dwelled in the City Town Corporate Market town Village or Hamlet where the Inn Alehouse or Victualling-house was or should be where he or they should be so found tippling should incur the like penalty and the same to be in such sort levied and disposed as in the said Act is expressed concerning such as there inhabit but no punishment by any or either the said Acts or by any other Statute is inflicted upon the Inn-kéeper Alehouse-kéeper or Victualler that permits or suffers such person or persons not there inhabiting to tipple in his Inn Ale-house or Victualling-house The Inn-keeper c. that permits a forreigner to tipple in his house shall ââeâr the penalty provided by 2 Jac. â For remedy whereof Be it Enacted That every Inn-kéeper Alehouse-kéeper and other Victualler that at any time after the end of this Session of Parliament shall permit and suffer any person or persons not inhabiting in the City Town Corporate Market town Village or Hamlet where such Inn Alehouse or Victualling-house is or shall be to tipple in the said Inn Alehouse or Victualling-house contrary to the true intent of any or either of the said former Statutes the said Inn-kéeper Alehouse-kéeper and Victualler so offending shall incur the same penalty and in such manner to be proved levied and disposed as in the former Statute of the first year of his said late Majesties reign is appointed for permitting such to tipple as dwell in the same City Town corporate Market town Village or Hamlet And be it further enacted That the kéepers of Taverns Vintners and Victuallers to be within this and the other Statutes and such as do sell Wine in their houses and do also kéep Inns or Victualling in their houses shall be taken to be within the said two former Statutes and also within this Statute CAP. V. Three entire Subsidies granted by the Spiritualty EXP. CAP. VI. Two entire Subsidies granted by the Temporalty EXP. CAP. VII This Session of Parliament by reason of the encrease of the Sickness and other inconveniencies of the season requiring a speedy Adjournment nevertheless shall not determine by his Majesties Royal assent to this and some other Acts. EXP. ANd
the Land and if any thing be done to the contrary it shall be void in Law and holden for error And by another Statute made in the six and thirtieth year of the same King Edward the Third 36 E. 3. c. 15. It is amongst other things Enacted That all pleas which shall be pleaded in any Courts before any the Kings Iustices or in his other places or before any of his other Ministers or in the Courts and places of any other Lords within the Realm shall be entred and inrolled in Latine And whereas by the Statute made in the third year of King Henry the seventh 3 H. 7. cap. 1. power is given to the Chancellor the Lord Treasurer of England for the time being and the Kéeper of the Kings Privy Seal or two of them calling unto them a Bishop and a Temporal Lord of the Kings most Honourable Councel and the two Chief Iustices of the Kings Bench and Common Pleas for the time being or other two Iustices in their absence to procéed as in that Act is expressed for the punishmâââ of some particular offences therein mentioned And by the Statute made in the One and tâântieth year of King Henry the Eighth 21 H. 8. cap. 20 The President of the Councel is associated to joyn with the Lord Chancellor and other Iudges in the said Statute of the third of Henry the seventh mentioned But the said Iudges have not kept themselves to the points limited by the said Statute but have undertaken to punish where no Law doth warrant and to make Decrées for things having no such Authority and to inflict heavier punishments then by any Law is warranted All matters âââminable in ãâã Star-Chamber maâ be ââââânable and ãâã ââo by the Common Law And forasmuch as all matters examinable or determinable before the said Iudges or in the Court commonly called the Star-Chamber may have their proper remedy and redress and their due punishment and correction by the Common Law of the Land and in the Ordinary course of Iustice elswhere and forasmuch as the reasons and motives inducing the erection and continuance of that Court do now cease and the procéedings Censures and Decrées of that Court have by experience been found to be an intolerable burthen to the Subject and the means to introduce an Arbitrary Power and Government And forasmuch as the Councel-Table hath of late times assumed unto it self a power to intermeddle in Civil causes and matters only of private interest betwéen party and party and have adventured to determine of the Estates and Liberties of the Subiect contrary to the Law of the Land and the Rights and Priviledges of the Subject by which great and manifold mischiefs and inconveniencies have arisen and happened and much incertainty by means of such procéedings hath béen conceived concerning Mens Rights and Estates For setling whereof and preventing the like in time to come Be it Ordained and Enacted by the Authority of this present Parliament Court of Star-Chamber and all its powers dissolved That the said Court commonly called the Star-Chamber and all Iurisdiction Power and Authority belonging unto or exercised in the same Court or by any the Iudges Officers or Ministers thereof be from the first day of August in the year of our Lord God One thousand six hundred forty and one clearly and absolutely dissolved taken away and determined and that from the said first day of August neither the Lord Chancellor or Kéeper of the Great Seal of England the Lord Treasurer of England the Kéeper of the Kings Privy-Seal or President of the Councel nor any Bishop Temporal Lord Privy-Councellor or Iudg or Iustice whatsoever shall have any power or authority to hear examine or determine any matter or thing whatsoever in the said Court commonly called the Star-Chamber or to make pronounce or deliver any Iudgment Sentence Order or Decrée or to do any Iudicial or Ministerial Act in the said Court And that all and every Act and Acts of Parliament and all and every Article clause and sentence in them and every of them by which any Iurisdiction power or Authority is given limited or appointed unto the said Court commonly called the Star-Chamber or unto all or any the Iudges Officers or Ministers thereof or for any procéedings to be had or made in the said Court or for any matter or thing to be drawn into question examined or determined there shall for so much as concerneth the said Court of Star-Chamber and the power and authority thereby given unto it be from the said first day of August repealed and absolutely revoked and made void And be it likewise Enacted Like Iurisdiction in several other Courts repealed and taken away That the like Iurisdiction now used and exercised in the Court before the President and Councel in the Marches of Wales and also in the Court before the President and Councel established in the Northern parts And also in the Court commonly called the Court of the Dutchy of Lancaster held before the Chancellor and Councel of that Court And also in the Court of Exchequer of the County Palatine of Chester held before the Chamberlain and Councel of that Court The like Iurisdiction being exercised there shall from the said first day of August One thousand six hundred forty and one be also repealed and absolutely revoked and made void any Law prescription custome or usage Or the said Statute made in the third year of King Henry the seventh Or the Statute made the One and twentieth of Henry the Eigth Or any Act or Acts of Parliament heretofore had or made to the contrary thereof in any wise notwithstanding And that from henceforth no Court Councel No Court or Councel to have the like Iurisdiction or place of Iudicature shall be erected ordained constituted or appointed within this Realm of England or Dominion of Wales which shall have use or exercise the same or the like Iurisdiction as is or hath béen used practised or exercised in the said Court of Star-Chamber Be it likewise declared and Enacted by Authority of this present Parliament The King nor his privy Councel shall have no Iurisdiction over any mans estate That neither his Majesty nor his Privy-Councel have or ought to have any Iurisdiction power or authority by English Bill Petition Articles Libel or any other Arbitrary way whatsoever to examine or draw into question determine or dispose of the Lands Tenements Hereditaments Goods or Chattels of any the Subjects of this Kingdome But that the same ought to be tryed and determined in the ordinary Courts of Iustice and by the ordinary course of the Law And be it further provided and Enacted That if any Lord Chancellor Penalties upon great Officers and others for the first offence or Kéeper of the Great Seal of England Lord Treasurer Kéeper of the Kings Privy Seal President of the Councel Bishop Temporal Lord Privy Councellor Iudg or Iustice whatsoever shall offend or do
Protection or Wager of Law shall be allowed And be it further Enacted by the Authority aforesaid That for every Ship or Vessel which from and after the Five and twentieth day of December Ships of England Ireland or Wales Sailing to any English plantation of America Asia or Africa shall be bound with sureties to bring goods there loaded into England c. in the year of our Lord one thousand six hundred and fifty shall set sail out of or from England Ireland Wales or Town of Berwick upon Tweed for any English Plantation in America Asia or Africa sufficient bond shall be given with one surety to the chief Officers of the Custom-house of such Port or place from whence the said Ship shall set sail to the value of one thousand pounds if the ship be of less burthen then one hundred Tuns and of the sum of two thousand pounds if the Ship shall be of greater burthen That in case the said ship or vessel shal load any of the said Commodities at any of the said English plantations that the same Commodities shall be by the said ship brought to some Port of England Ireland Wales or to the Port or Town of Berwick upon Tweed and shall there unload and put on shore the same the danger of the Seas only excepted And for all ships coming from any other Port or Place to any of the aforesaid plantations who by this Act are permitted to trade there that the Governor of such English plantations shall before the said ship or Vessel be permitted to load on board any of the said Commodities take Bond in manner and to the value aforesaid for each respective Ship or Vessel That such Ship or Vessel shall carry all the aforesaid Goods that be laden on board in the said ship to some other of His Majesties English Plantations or to England Ships coming from other places to any of those plantations Ireland Wales or Town of Berwick upon Tweed And that every ship or Vessel which shall load or take on board any of the aforesaid Goods untill such Bond given to the said Governor or Certificate produced from the Officers of any Custom-house of England Ireland Wales or of the Town of Berwick that such bonds have béen there ââly given shall be forefeited with all her Guns Tackle Apparel and Furniture to be imployed and recovered in the manner as aforesaid And the said Governors and every of them shall twice in every year after the First day of January The respective Governors to return the bonds taken twice yearly to the chief offices of the custom in London One thousand six hundred and sixty return true Copies of all such Bonds by him so taken to the chief Officers of the Customs in London St. 13. Car. 2. cap. 14. CAP. XIX For preventing Frauds and concealments of Customs and Subsidies BE it Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords and Commons in this present Parliament assembled That if any person or persons at any time after the first day of September One thousand six hundred and sixty Persons which shall convey away any goods without entry agreement for the custome shall cause any Goods for which Custom Subsidy or other Duties are due or payable by vertue of the Act passed this Parliament Entituled A Subsidy Granted to the King of Tunnage and Poundage and other sums of money payable upon Merchandize Exported and Imported to be landed or conveyed away without due entry thereof first made and the Customer or Collector or his Deputy agréed with That then and in such case upon Oath thereof made before the Lord Treasurer or any of the Barons of the Exchequer or chief Magistrate of the Port or place where the offence shall be committed or the place next adjoyning thereunto The penalty it shall be lawful to and for the Lord Treasurer or any of the Barons aforesaid or chief Magistrate of the Port or place where the offence shall be committed or the place next adjoyning thereunto to issue out a Warrant to any person or persons thereby enabling him or them with the assistance of a Sheriff Iustice of Peace or Constable to enter into any house in the day time where such Goods are suspected to be concealed and in case of resistance to break open such houses and to seize and secure the same goods so concealed And all Officers and Ministers of Iustice are hereby required to be aiding and assisting thereunto Provided alwayes That no house shall be entred by vertue of this Act No proceeding against any upon this Act unless within one month after the offence committed The continuance of this Act. Damages and costs against false informers unless it be within the space of one Moneth after the offence supposed to be committed Provided also That this Act shall continue in force unto the end of the first Session of the next Parliament and no longer Provided also That if the Information whereupon any house shall come to be searched shall prove to be false that then and in such case the party injured shall recover his full damages and costs against the Informer by Action of Trespass to be therefore brought against such Informer St. 13 Car. 2. cap. 7. CAP. XX. For raising Sevenscore thousand pounds for the compleat Disbanding of the whole Army and paying off some part of the Navy by a two Moneths Assesment of 70000 l. per mensem beginning from the first of November 1660. EXP. Stat. 13 Car. 2. cap. 6. CAP. XXI An Act for the speedy raising of Seventy thousand pounds for the present supply of His Majesty EXP. Stat. 13 Car. 2. cap. 6. cap. 10. CAP. XXII Bay-making in the Dutch Bay-Hall in Colchester regulated CAP. XXIII Certain Impositions upon Beer Ale and other Liquors For the Encrease of His Majesties Revenue during His Life THe Commons assembled in Parliament in gratitude for an humble acknowledgment of Your Majesties great Grace and Favour to us Your Commons beyond Example of any Your Royal Progenitors expressed in many publick Acts and Declarations to the great rejoycing and general satisfaction of all Your people The raâes given to his Majesty for life which they desire to answer with returns suitable and excéeding the Examples of any of their Ancestors for the encreasing of your Maiesties Revenue during Your Maiesties Reign which God long continue Do therefore give and grant unto your most Excellent Majesty the Rates and Duties Impositions Charges and sums of Money herein after following And do beséech your Majesty that it may be Enacted And be it Enacted by the Kings most Excellent Maiesty by and with the advice and consent of the Lords and Commons in Parliament Assembled That from and after the twenty fifth day of December One thousand six hundred and sixty there shall be throughout your Maiesties Kingdom of England Dominion of Wales and Town of Berwick upon Tweed
possible for the enemies of God and the King to bring upon us whilst the Fanatick Rage of a few Miscreants who were as far from being true Protestants as they were from being true Subjects stands imputed by our Adversaries to the whole Nation We therefore your Majesties said dutiful and Loyal Subjects the Lords and Commons in Parliament Assembled do hereby renounce abominate and protest against that Impious fact the execrable Murther and most unparallel'd Treason committed against the Sacred person and life of our said late Soveraign Your Maiesties most Royal Father and all procéedings tending thereunto and do beséech Your most Excellent Majesty that it may be declared That by the undoubted and Fundamental Laws of this Kingdom neither the Péers of this Realm nor the Commons nor both together in Parliament nor the people collectively or representatively nor any other persons whatsoever ever had have hath or ought to have any Coercive power over the persons of the Kings of this Realm And for the better vindication of our selves to posterity and as a lasting Monument of our otherwise inexpressible detestation and abhorrency of this villanous and abominable Fact We do further beséech Your most Excellent Majesty that it may be Enacted And be it hereby Enacted by the Kings most Excellent Majesty A yearly Anniversary of Humiliation on the â0th of Ian. for ever by and with the advice and consent of the Lords and Commons in this present Parliament Assembled That every thirtieth day of January unless it falls out to be upon the Lords day and then the day next following shall be for ever hereafter set apart to be kept and observed in all the Churches and Chappels of these Your Majesties Kingdoms of England and Ireland Dominion of Wales and Town of Berwick upon Tweed and the Isles of Jersey and Guernsey and all other Your Majesties Dominions as an Anniversary day of Fasting and Humiliation to implore the Mercy of God that neither the guilt of that Sacred and Innocent Blood nor those other sins by which God was provoked to deliver up both us and our King into the hands of cruel and unreasonable men The attainder of the persons actively instrumental in the Murther of his late Majesty may at any time hereafter be visited upon us or our posterity And whereas Oliver Cromwel deceased Henry Ireton deceased John Bradshaw deceased and Thomas Pride deceased John Lisle William Say Sir Hardress Waller Valentine Wauton Thomas Harrison Edward Whalley William Heveningham Isaac Penington Henry Martin John Barkstead Gilbert Millington Edmund Ludlow Sir Michael Livesey Robert Titchbourn Owen Row Robert Lilburn Adrian Scroop John Okey John Hewson William Goffe Cornelius Holland Thomas Challoner John Carew John Jones Miles Corbet Henry Smith Gregory Clement Thomas Wogan Edmond Harvy Thomas Scot William Cawley John Downs Nicholas Love Vincent Potter Augustine Garland John Dixwel George Fleetwood Simon Meyne James Temple Peter Temple Daniel Blagrave Thomas Wayte John Cook Andrew Broughton Edward Dendy William Hewlet Hugh Peters Francis Hacker Daniel Axtel are notoriously known to have béen wicked and active Instruments in the prosecution and compassing that Trayterous Murther of his late Majesty for which the said Sir Hardress Waller Thomas Harrison William Heveningham Isaac Penington Henry Martin The names of the persons cryed and legally attainted Gilbert Millington Robert Titchbourn Owen Row Robert Lilbourn Adrian Scroop John Carew John Jones Henry Smith Gregory Clement Edmond Harvy Thomas Scot John Downs Vincent Potter Augustine Garland George Fleetwood Simon Meyne James Temple Peter Temple Thomas Wayte John Cook William Hewlet Hugh Peters Francis Hacker and Daniel Axtel have already received their Tryal at Law and by Verdict or their own Confession have béen convicted and by Iudgment of Law thereupon had do now stand duly and legally attainted of whom ten persons that is to say Thomas Harrison Adrian Scroop John Carew John Jones Thomas Scot The ten persons executed Gregory Clement John Cook Hugh Peters Francis Hacker and Daniel Axtel have most deservedly suffered the pains of death and béen executed according to Law and the said John Lisle The persons fled William Say Valentine Wauton Edward Whalley John Barkstead Edmond Ludlow Sir Michael Livesey John Okey John Hewson William Goffe Cornelius Holland Thomas Challoner Miles Corbet William Cawley Nicholas Love John Dixwell Daniel Blagrave Andrew Broughton and Edward Dendy are fled from Iustice not daring to abide a Legal Tryal May it therefore please your Majesty that it may be Enacted And be it Enacted by the Authority of this present Parliament The persons dead before they could be brought to tryal attainted The persons fled attainted That the said Oliver Cromwell deceased Henry Ireton deceased John Bradshaw deceased and Thomas Pride deceased shall by vertue of this Act be adjudged to be Convicted and Attainted of High Treason to all intents and purposes as if they and every of them respectively had béen Attainted in their lives And also that John Lisle William Say Valentine Wanton Edward Whalley John Barkstead Edmond Ludlow Sir Michael Livesey John Okey John Hewson William Goffe Cornelius Holland Thomas Challoner William Cawley Miles Corbet Nicholas Love John Dixwell Daniel Blagrave Andrew Broughton Edward Dendy and every of them stand and be adjudged and by Authority of this present Act Convicted and Attainted of High Treason Their Lands Tenements c. forfeited vested in his Majesty And that all and every the Manors Messuages Lands Tenements Rents Reversions Remainders Possessions Rights Conditions Interests Offices Fées Annuities and all other the Hereditaments Leases for years Chastels real and other things of that nature whatsoever they be of them the said Oliver Cromwell Henry Ireton John Bradshaw Thomas Pride John Lisle William Say Valentine Wauton Edward Whalley John Barkstead Edmond Ludlow Sir Michael Livesey John Okey John Hewson William Goffe Cornelius Holland Thomas Challoner William Cawley Miles Corbet Nicholas Love John Dixwell Daniel Blagrave Andrew Broughton Edward Dendy Thomas Harrison Adrian Scroop John Carew John Jones Thomas Scot Gregory Clement Hugh Peters Francis Hacker John Cook Daniel Axtel Sir Hardress Waller William Heveningham Isaac Penington Henry Martin Gilbert Millington Robert Titchbourn Owen Row Robert Lilbourn Henry Smith Edmond Harvey John Downs Vincent Potter Augustine Garland George Fleetwood Simon Meyne James Temple Peter Temple Thomas Wayte which they or any of them or any other person or persons to their or any of their uses or in trust for them or any of them had the Five and twentieth day of March Whereof they were seised or any for them 25 March 1646. in the year of our Lord One thousand six hundred forty and six or at any time since shall stand and be forfeited unto Your Majesty Your Heirs and Successors and shall be déemed vested and adjudged to be in the actual and real possession of your Majesty without any Office or Inquisition thereof hereafter to be taken or found And also
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
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
the Defendant as aforesaid And whereas the Custom hath béen retained time out of mind and found expedient that there should be a cessation of weaving every year in the time of Harvest in regard the Spinners of Yarn which the said Weavers do use No weaving of Stuffs in time of Harvest are at that time chiefly imployed in Harvest-work Be it Enacted That no Weaver under the Regulation of the said Trade and Manufacture shall set any Loom on work for the weaving of any Stuffs under the said Regulation in the time of Harvest yearly from the Fiftéenth day of August in every year until the Fiftéenth day of September then next following upon pain of forfeiting to the Kings Majesty the sum of Forty Shillings for every Loom which shall be used in work within the said time And be it further Enacted by the Authority aforesaid Trut accompts to be made at the 4 assemblies of all fines and forfeitures That a true accompt shall be made at the four Assemblies to be held quarterly as aforesaid by the Wardens before the Mayor of the City of Norwich for the time being and one of the Iustices of the Peace of the said City and County of Norwich and two Iustices of the Peace of the County of Norfolk of all such Fines and Forfeitures as shall be received and had belonging to the said Trade and Manufacture and of the necessary Charges and Disbursements touching the same Trade and Manufacture and that the Over-plus which shall remain after the said necessary Charges and Disbursments are deducted shall be devided into two equal parts the one Moyety thereof to be disposed of by the Wardens and Assistants of the said City of Norwich or the greater part of them and the other Moyety thereof by the Wardens and Assistants of the said County of Norfolk or the greater part of them for the use of the Poor of the said Trade and Manufacture in such manner as the said Mayor and Iustices aforesaid respectively shall order and direct and no other any thing in this Act to the contrary thereof in any wise notwithstanding And that all Mayors Iustices Sheriffs Bayliffs Constables and all other Officers All Mayors bayliffs c. to be ayding and assisting shall be aiding and assisting to the said Wardens and Assistants or any of them as often as they shall be thereunto required and in all Actions and Suits that shall be brought against any person or persons for Acting in any thing according to the true intent and meaning of this Act the person or persons so sued or molested shall or may plead the general Issue of not guilty In Action the defendant may plead the general issue and give the special matter in Evidence and shall recover double Costs in every such case if the Verdict pass for such person or persons or that the Plaintiff or Plaintiffs be Nonsuit therein Provided alwayes That this Act nor any thing therein contained Double costs shall extend to compel the Weavers of the Towns of Great Yarmouth and Lyn in the said County of Norfolk to bring their Wares to Notwich to be Sealed or be prejudicial to the Weavers of the said Towns Proviso for the Weavers of Great Yarmouth and Lyn. or either of them to deprive them or either of them of such Liberties or Priviledges as are granted unto them by an Act of Parliament made in the Fourtéenth Year of King Henry the Eight or by any other Act of Parliament or Grant or Charter whatsoever This Act to begin and take effect from the Fiftéenth day of May One thousand six hundred sixty and two CAP. VI. For Enlarging and repairing of Common High-ways VVHereas the former Laws and Statutes for the Mending and Repairing of the Common and publick High-wayes of this Realm have not béen found so effectual as is desired by means whereof and the extraordinary Burthens carried upon Wagons and other Carriages divers of the said High-ways are become very dangerous and almost unpassable For remedy whereof Be it Enacted by the Kings most Excellent Majesty by Surveyors of the High-wayes to be chosen yearly the Munday or Tuesday in Easter week and with the advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same That the Church-wardens and Constables or Tything-men of every Parish Town Village or Hamlet for the time being within the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed shall upon Munday or Tuesday in the Easter wéek yearly whereof notice shall be publickly given the Sunday foregoing in the Church immediately after the end of Morning Prayer with the advice and consent of the major part of the Inhabitants which shall be then present choose Two or more sufficient and able persons residing and inhabiting within their Parish Town Village or Hamlet to be Surveyors of their High-ways for the year next ensuing and give notice thereof in writing to the persons chosen and for default of such choice so to be made as aforesaid The penalty the Church-wardens Constables or Tything-men and Inhabitants of every such Parish Town Village or Hamlet shall forfeit and lose the sum of Five pounds And be it Enacted by the Authority aforesaid That all and every Surveyor and Surveyors The duty of the Surveyors within twenty days next after notice given unto him or them of his and their Election as aforesaid or of the publication of this Act shall upon the penalty of Five pounds Veiw and Survey all the Common and Publick High-ways and Bridges within the Parish Town Village or Hamlet wherein he or they are respective Surveyor or Surveyors and all Water-courses Causeys and Pavements therein which are to be Repaired and Amended at a Publick Charge of the said Parish Town Village or Hamlet and shall consider what reparations shall be néedful to be made and what sum or sums of money will be requisite to be raised for the Amending Repairing and Enlarging of the same over and above what will be done by the other Laws made for the Amending of the said High-ways and thereupon shall together with two or more substantial Housholders of the said Parish Town Village or Hamlet called by the Surveyors to their Assistance within ten days after such Survey made lay one or more Assessment or Assessments How and upon whom to lay Assessment for mending or Enlarging the High-wayes upon every Inhabitant rated to the Poor and upon every Occupier of Lands Houses Tythes Impropriate or Appropriat Portions of Tythes Coal-mines and other Mines saleable Vnderwoods Stock Goods or other personal Estate not being Houshold-stuff within the said said Parish Town Village or Hamlet for the Repairing Amending and Enlarging of the said publick and common High-ways as they the said Surveyors and other the substantial Housholders or the Major part of them shall think fit méet and necessary which said Assessment
two of them shall forthwith call all such Treasurers High-Constables Petty-Constables or other persons which have formerly béen Intrusted with the Receipt Collecting or Disposing of any such sum of Money charged upon any Parish by vertue of the Statute aforesaid and whereof no account hath béen given and likewise the Executors and Administrators of such person and persons unto a strict account concerning such Levies and Collections made And such Money as they shall find remaining in the custody of such persons to order forthwith to be paid for the intents and purposes aforesaid and no other to the Treasurer appointed by vertue of the said Statute or to be appointed by vertue of this present Act at the next Quarter-Sessions to be holden for such County or Liberty under such penalty as by the said Statute is set forth Which said Treasurer to be appointed by this Act shall continue by vertue hereof until Easter Sessions following The continuance of this Act. Provided That no Pension to be given or assigned by Authority hereof shall excéed to any one person the sum of Twenty pounds by the year This Act to continue to the end of the first Session of the next Parliament CAP. X. An Additional Revenue setled upon His Majesty His Heirs and Successors for the better support of His and their Crown and Dignity The great concernment of proportioning the Publique Revenue to the Charges and Expences FOrasmuch as nothing conduceth more to the Peace and Prosperity of a Nation and the Protection of every single person therein then that the Publick Revenue thereof may be in some measure proportioned to the Publick Charges and Expences We therefore Your Majesties most Loyal and Obedient Subjects the Commons assembled in Parliament having duly considered the Premisses do give and grant unto your most Excellent Majesty Your Heirs and Successors the Rates and Duties herein after mentioned and do most humbly 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 the Commons in Parliament assembled and by the Authority of the same That from and after the Five and twentieth day of March in the year of our Lord God One thousand six hundred sixty and two every Dwelling and other House and Edifice and all Lodgings and Chambers in the Inns of Court Inns of Chancery Colledges and other Societies that are or hereafter shall be erected within the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed other then such as in this Act are hereafter excepted and declared shall be chargeable and by this present Act be and are charged with the Annual paâment to the Kings Majesty Every Fire-Hearth and Stove charged with the yearly payment of 2 s. to the King his Heirs and Successors his Heirs and Successors for every Fire-Hearth and Stove within every such House Edifice Chambers and Lodging as aforesaid the sum of Two shillings by the year to be paid yearly and every year at the Feast of St. Michael the Arch-Angel and the Feast of the Annuntiation of the Blessed Virgin St. Mary by even and equal portions the First payment thereof to be paid upon the Feast-day of Saint Michael the Arch-Angel which shall be in the year of our Lord One thousand six hundred sixty and two And to the intent that a just account may be had and taken of all the said Hearths and Stoves by this Act intended to be charged Be it Enacted by the Authority aforesaid How an Accompt shall be taken of all Fire-Hearths and Stoves That every Owner or Occupier of every such House Edifice Lodgings and Chambers shall respectively within six dayes after notice given unto him or them by the respective Constables Headboroughs Tythingmen or other such Officers within whose Precinct the said House Edifice Chambers or Lodgings shall be or by the respective Treasurers or Officers of Inns of Court Inns of Chancery or other Officers of the respective Colledges and other Societies aforesaid wherein any such Lodgings and Chambers shall be deliver unto the said Constables Headboroughs Tithingmen or other such Officers as aforesaid respectively a true and just account in writing under the hands of such Owners or Occupiers as aforesaid of all the said Hearths and Stoves which are within their several and respective Houses Lodgings and Chambers aforesaid And be it Enacted by the Authority aforesaid That the respective Constables Headboroughs How and when the same shall be delivered in Tithingmen or other such Officers within whose limits any such House or Edifice charged by this Act as aforesaid are and the respective Treasurers and other Officers of the respective Inns of Court Inns of Chancery Colledges and other Societies aforesaid shall by the last day of May One thousand six hundred sixty and two require the several Occupiers of every such House Edifice Lodging and Chamber aforesaid to deliver in to them respectively Accounts in writing as aforesaid under their several and respective hands of all such Hearths and Stoves as aforesaid as shall be within their respective Houses Edifices Lodgings and Chambers and upon receipt of the same or upon default of such Account in writing or in case there be no occupiers then within six dayes after notice in writing fixt to the door requiring such Account to be made the said Constables or other Officers respectively as aforesaid shall enter into the said respective Houses in the day-time and compare such Accounts and sée whether the same be truly made or not And if no such Account be delivered then shall take information by their own view of the number of such Hearths and Stoves upon pain that every Constable Treasurer and other Officer aforesaid who shall neglect to do the same shall forfeit for every wéek he or they shall so neglect the sum of Five pounds and for every false return wilfully made contrary to this Act he or they shall forfeit and lose for every Hearth and Stove so falsly returned or omitted the sum of Forty shillings And be it further Enacted by the Authority aforesaid That the several Constables and other Officers who are hereby authorized to take the account of the aforesaid Hearths and Stoves within their particular Limits as aforesaid shall at the next Quarter-Sessions after the said last day of May to be holden for their respective Counties deliver all such Accounts in writing as they shall receive reform or take by their own view unto the Iustices of Peace in their respective Quarter-Sessions of the said Counties together with a true Note of the names of all such persons who shall refuse or neglect to give unto them an account under their hands of such Hearths and Stoves within their respective Houses Edifices Chambers and Lodgings as aforesaid And be it further Enacted How Accompts of Hearths and Stoves shall be enrolled and duplicates thereof by the Iustices
by their industry and labour have attained and gained so great skill and dexterity in the making thereof that they make as good of all sorts thereof as is made in any Forreign parts by reason whereof they have béen heretofore able to relieve their poor Neighbours and maintained their Families and also enabled to set on work many poor children and other persons who have very small means or maintenance of living other then by their labours and endeavours in the said Art And whereas the persons so imployed in the said Mystery have heretofore served most parts of this Kingdom with Bonelace Band-strings Buttons Néedlework and Imbroidery And for the carrying on and managing of the said Trade they have procured great quantities of Thread and Silk to be brought into the Kingdom from Foreign parts whereby his Majesties Customs and Revenues have béen much advanced until of late that great quantities of Foreign Bonelace Band-strings Néedlework Cut-work Fringe Silk Bonelace Buttons and Imbroidery were brought into this Kingdom by Foreigners and Inhabitants of this Kingdom and sold to Shop-kéepers and others Dealers in the said Commodity as well by Whole-sale as Retail without ever entring of the same in any of his Majesties Custom-houses or paying any Duty or Custom for the same by means whereof the said Trade and calling is of late very much decayed those imployed in the said Calling very much impoverished the Manufacture much decreased and great quantities thereof already made left on their hands that make it His Majesty defrauded and deceived in his Customs and many thousand poor people formerly kept on work in the said Art like to perish for want of imployment there being daily great sums of money exported out of this Kingdom for the buying and fetching in of the said Commodity to the great impoverishment of the Nation by the Consumption of the Bullion and Treasure thereof and contrary to several Statutes made in the first of King Richard the Third 1 R. 3. cap. 12. 3 E. 4. cap. 4. 19 H. 7. cap. 21 5 Eliz. cap. 7. in the third of King Edward the fourth in the ninetéenth of King Henry the Seventh and the fifth of Quéen Elizabeth and to a late Proclamation made by his Majesty that now is dated the twentieth day of November last for the putting the said Laws in execution For redress whereof and prevention of the like mischiefs for the future and the better relief comfort and subsistence of those imployed in the said Art and Manufacture And for the quickning reviving explaining amending and more effectual execution of the said Statutes Be it Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled and by Authority of the same That no person or persons whatsoever shall from and after the Twenty fourth day of June One thousand six hundred sixty two sell or cause to be sold or offer to sale within the Kingdom of England or Dominion of Wales or export any Foreign Bonelace Cut-work Foreign bone-lace cut-work imbroidery fringe band-strings prohibited to be sold or imported from beyond Sea Imbroidery Fringe Band-strings Buttons or Néedlework made of Thread Silk or any or either of them in parts beyond the Seas or Import bring in send or convey or cause to be brought in sent or conveyed into the Kingdom of England or Dominion of Wales any such Foreign Bonelace Cut-work Fringe Imbroidery Band-strings Buttons or Néedlework made of Thread Silk or any or either of them beyond the Seas after the first day of May which shall be in the said year of our Lord One thousand six hundred sixty and two upon pain that all and every person or persons who shall sell or cause to be sold or offer to sale any such Foreign Bonelace Cut-work Imbroidery Fringe Band-strings Buttons or Néedlework shall forfeit and lose for every offence by him committed contrary to this Act the sum of Fifty pounds and the whole Bonelace Cut-work Imbroidery Fringe Band-strings Buttons or Néedlework so sold or caused to be sold or offered to sale And upon further pain That all and every person or persons who shall Import bring in send or convey or cause to be brought in sent or conveyed into this Kingdom of England or Dominion of Wales any such Bonelace Cut-work The penalty Imbroidery Fringe Band-strings Buttons or Néedlework shall forfeit and lose for every offence by him committed contrary to this Act the sum of One hundred pounds and the whole Bonelace Cut-work Imbroidery Fringe Band-strings Buttons or Néedle-work so Imported brought in sent or conveyed or caused to be Imported brought in sent or conveyed contrary to the form and effect of this present Act as aforesaid One moyety to the King the other to the prosecutor The Moyeties of all which Forfeitures to be to the use of our Sovereign Lord the Kings Majesty his Heirs and Successors and the other Moyety to him or them that shall sue for the same in any of the Kings Courts of Record by Bill Plaint Action of Debt Information or otherwise wherein no Essoign Protection or Wager of Law shall be allowed at every time and as often as any person shall be found to offend in selling importing conveying or bringing in as aforesaid Every Iustice of Peace may grant Warrants to search for Manufactures prohibited by this Act And be it further Enacted by the Authority aforesaid That for the preventing of the Importing of the said Manufactures as aforesaid upon complaint and Information given to the Iustices of the Peace or any or either of them within their respective Counties Cities and Towns Corporate at times reasonable he or they are hereby authorized and required to issue forth his or their Warrants to the Constables of their respective Counties Cities and Towns Corporate to enter and search for such Manufactures in the Shops being open or Ware-houses and dwelling-houses of such person or persons as shall be suspected to have any such Foreign Bonelaces Imbroidery Cut-work Fringe Band-strings Buttons or Néedlework within their respective Counties Cities and Towns-Corporate and to seize the same any Act Statute or Ordinance to the contrary thereof in any wise notwithstanding The time limited for actions upon this Act. Provided always and be it hereby Enacted and Declared That all Informations Actions and Suits that shall be commenced for any offence committed against this Law shall be brought and commenced within twelve Moneths after the discovery of such offence Any former Act or Law to the contrary notwithstanding CAP. XIV Direction for Prosecution of such as are Accountable for Prize-Goods 12 Car. 2. c. 11 VVHereas in the Act of Frée and General Pardon Indempnity and Oblivion made in the Twelfth Year of your Majesties Reign and since confirmed by another Act Intituled An Act for confirming Publick Acts 13 Car. 2. c. 7. made in the thirtéenth year of your
of any of the Kings or Quéens of England for the time being for the carrying the Goods of his Majesty his Heirs or Successors or the said Quéens or children or any of them without such full and free consent as aforesaid Any Law Statute Custom or Vsage to the contrary notwithstanding Be it notwithstanding Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by the Authority of the same That from and after the Four and twentieth day of June in the year of our Lord How carriages shall be provided for his Majesties Navy and Ordnance One thousand six hundred sixty and two as often as the Service of his Majesties Navy or Ordnance shall require any Carriages by Land within the Kingdom of England and Dominion of Wales and Town of Berwick upon Tweed upon notice given in writing by Warrant under the hand and seal of the Lord High Admiral of England for the time being or under the hands and seals of two or more of the principal Officers or Commissioners of his Majesties Navy or under the hand and seal of the Master of his Majesties Ordnance for the time being or under the hand and seal of the Lieutenants of his Majesties Ordnance for the providing of Carriages for the respective service of the Navy or Ordnance unto two or more Iustices of the Peace dwelling near unto the place where the said Iustices of the Peace may and shall immediately issue forth their Warrants to such of the adjacent Parishes Hundreds or Divisions as they shall judge fit within their respective Counties and Divisions not being above Twelve Miles distant from the place of lading for the sending to a certain place and at certain times to be specified and appointed in the said Warrants such numbers of Carriages with Horses or Oxen sufficient for the said service as by the Lord high Admiral of England for the time being or by the Master or Lieutenant of his Majesties Ordnance for the time being or by the principal Officers or Commissioners of his Majesties Navy respectively as abovesaid shall be by writing under their hands and seals required the Owners of which Carriages or their Servants The rates allowed for carriages shall receive for every Load of Timber per mile one shilling for every reputed mile which they shall go laden and for other Provisions the summe of eight pence per mile for every Tun they shall carry And be it further Enacted by the Authority aforesaid That it may and shall be lawful for the Lord High Admiral of England for the time being by Warrant under his hand and seal and also for the principal Officers and Commissioners of his Majesties Navy by Warrants under the hands and seals of any two or more of them as also for the Master of his Majesties Ordnance for the time being by Warrant under his hand and seal and also for the Lieutenant of his Majesties Ordnance by Warrants under the hands and seals of either of them as often as the service of his Majesties Navy or Ordnance respectively shall require any Carriage by Water Impressing of persons ships vessels for carriages to appoint such person or persons as they shall judge fitting to Impress and take up such Ships Hoys Lighters Boats or any other Vessel whatsoever as shall be necessary for the Accommodation of his Majesties said service the Owners of which said Ships Hoys Lighters Boats or other Water-Carriage aforesaid or such as they shall appoint shall receive for the hire of every such Ship Hoy Lighter Boat or other Vessel per Tun according to the Rates usually paid by Merchants from time to time And in case his Majesties Officers and the Owners of such Ships Hoys Lighters Boats or other Vessels shall not agree on the said rates then the rate to be setled by the Brotherhood of Trinity-house of Deptford-Strand And be it further Enacted by the Authority aforesaid Penalty upon such as neglect or refuse That in case any of his Majesties Subjects of this Realm shall refuse or wilfully neglect after reasonable notice to make their appearance with such sufficient carriages by Land or to fit provide and furnish their Ships Hoys Lighters Boats or other Vessels for the service of his Majesties Navy or Ordnance as is before expressed or shall after they have undertaken such service neglect or delay the same that then upon due proof and conviction of such refusal or neglect by the Oath of the Constable or other Officer or two other credible witnesses before the said Iustices of Peace of the County or Mayor or other chief Officer of the City or Corporation where he or they inhabit which Oath they shall have power to administer for the Land-Carriages and for the Water-Carriages by the Oath of such person as shall be appointed by the Lord High Admiral the principal Officers or Commissioners of his Majesties Navy the Master of his Majesties Ordnance or the Lieutenant of his Majesties Ordnance as aforesaid or other two credible witnesses before the principal Officers or Commissioners of his Majesties Navy or Master or Lieutenant of his Majesties Ordnance respectively which Oath they shall have likewise power to administer the Party so refusing or neglecting shall for every such refusal or neglect forfeit the sum of Twenty shillings for the Land-carriage and for Carriage by Water treble the freight of such Ship or Vessel not excéeding Fifty pounds in the whole to the Kings Majesties use to be forthwith levied in default of payment upon demand by distress and sale of his Goods and Chattels by Warrant from the said Iustices of the Peace Mayor or other chief Officer or from the principal Officers or Commissioners of his Majesties Navy or Master or Lieutenant of his Majesties Ordnance respectively rendring to the Parties the overplus upon every such Sale if there shall be any the charge of distraining being first deducted The time of continuance in the service Provided always that no Horses Oxen Cart Wayn or other Land-Carriage shall be enforced to Travail more days Iourney from the place where they receive their lading or be compelled to continue longer in the imployment then shall be appointed by the Order of the said Iustices of the Peace and that ready payment shall be made in hand for the said Carriages at the place of lading without delay Present payment to be made according to the aforesaid Rates Provided always That in case any Iustice of the Peace Mayor chief Officer or Constable or any person or persons which shall be appointed by the Lord High Admiral the principal Officers or Commissioners of his Majesties Navy the Master of his Majesties Ordnance or the Lieutenant of his Majesties Ordnance as aforesaid respectively shall take any gift or reward to spare any person or persons No gifts or rewards may be taken by Iustices of the Peace
and by Authority thereof that from and after the Feast of St. Michael the Arch-angel which shall be in the year of our Lord One thousand six hundred sixty and two for and during the term of Five years next ensuing the date of this present Act it shall and may be lawful for the respective Iustices of Peace of the said respective Counties or the major part of them at any General Sessions of the Peace to be holden for the said Counties respectively on the behalf of the said Counties or either of them from time to time as they shall sée occasion to make an Order in open Court of Sessions for charging according to their several Proportions all and every the several Inhabitants of the said respective Counties for the safeguard and securing of the said severall Counties and Inhabitants thereof from all injury violence spoil and rapine of the Moss-Troopers aforesaid Provided That the said County of Northumberland be not by force of this Act at any time charged above the sum of Five hundred pounds in the year nor the said County of Cumberland charged above the sum of two hundred pounds in the year And for this end and purpose the said several Iustices of Peace of the respective Counties aforesaid are hereby impowred and authorized at any their General Quarter Sessions aforesaid to appoint and imploy from time to time if occasion require any person or persons to have the Conduct and Command of a certain number of men not excéeding the number of Thirty men in the County of Northumberland and Twelve in the County of Cumberland whereby the Malefactors aforesaid may be searched out discovered pursued apprehended and brought to tryal of the Law And all and every the said Iustices of Peace of the respective Counties aforesaid or the major part of them at any General Sessions of the Peace to be holden for the said Counties or either of them respectively are hereby further impowred and authorized by force of this present Act to make and issue forth their respective Warrants under their hands for the levying and collecting any sum or sums of money ordered to be paid for and towards the safeguard and securing of the said Counties respectively as aforesaid and to give full power to the several Constables and other Officers to raise levy and collect the said money and all and every the Inhabitants of the said several Counties according to their respective proportionable Estates in Lands or Goods by Distress and Sale of Goods rendering the overplus if there be any to the respective Owner or Owners And the said Iustices of Peace in the said several Counties or any one of them respectively are hereby also authorized to examine any Complaint made against the Collectors and Constables or any other Officers or Ministers of Iustice whatsoever or any of them or any other refractory person or persons whatsoever that at any time hereafter shall refuse neglect or fail to give obedience to this Act or shall do any act or acts in disturbance or obstruction thereof and to bind over such person or persons to the next Quarter Sessions according to the known Laws of the Land to the end such person or persons may be procéeded withall according to Iustice And the said respective Iustices of Peace as aforesaid are hereby further Impowred and Authorized on behalf of the said several Counties respectively to appoint a Treasurer to receive from the said Collectors the Moneys by them Collected and to pay over the same according to the Orders they shall receive from the said Iustices at the General Sessions of the Peace to be holden for the said respective Counties And the said Iustices are also Impowred to agrée and article with such person or persons yearly as they shall think fit to imploy in the said Service and to take sufficient Security of them for the faithful and most effectual performance thereof for the best safeguard advantage and benefit of the people according to the true intent and meaning of this Act. And in case any person or persons shall in pursuance of this Act be imployed in the Border-Service and shall at any time hereafter wilfully and corruptly or for any sinister respect whatsoever neglect or forbear to Discover or Apprehend or to bring to Tryal any of the said persons called Moss-Troopers as aforesaid and shall be convicted thereof according to Law he or they shall from thenceforth be disabled and made uncapable for ever after to manage or take upon him or them the said Imployment and to suffer such Fine and Imprisonment according to the quality of his or their offence as the Iustices of Peace at their General Sessions shall think fit to inflict Provided nevertheless and be it hereby Declared That it shall be lawful for the Iustices of Peace of either of the said Counties as aforesaid respectively at any time hereafter to moderate or lessen the said charge if they sée cause Provided that this Act shall continue and be in force for five years and no longer Provided always and be it further Enacted by Authority aforesaid That for better suppression and punishment of the said Moss-Troopers flying out of England into Scotland or out of Scotland into England 4 Jac. cap. 1. 7 Jac. cap. 1. the Statutes made in the several Sessions of Parliament in the Fourth and Seventh years of King James shall be revived and put in execution according to their true intent 18 Car. 2. cap. 3. Continued for Seven years from the expiration of this Act. CAP. XXIII An Additionall Act concerning matter of Assurance used amongst Merchants WHereas by an Act of Parliament made in the Thrée and fortieth year of the Reign of Quéen Elizabeth of happy memory 43 El. cap. 12. Entituled An Act concerning matters of Assurances used amongst Merchants Encouragement of Merchants and Trade The Parliament then taking into Consideration by all good means to comfort and encourage the Merchants of this Kingdome thereby to advance and increase the Wealth of this Realm her Majesties Customs and the strength of shipping and for preventing of divers mischiefs in the said Act mentioned It was Enacted That it should and might be lawful for the Lord Chancellor or Lord Kéeper of the Great Seal of England for the time being to award forth under the Great Seal of England one general or standing Commission to be renewed yearly at the least and otherwise so often as unto the Lord Chancellor or Lord Kéeper should séem méet for the hearing and determining of Causes arising on Policies of Assurance such as then were or then after should be entred within the Office of Assurance of the City of London which Commissions should be directed to the Iudge of the Admiralty for the time being the Recorder of London for the time being Two Doctors of the Civil Law Two Common Lawyers and eight grave or discréet Merchants or any five of them which Commissioners or the greater part of them which
Corporation or upon any part thereof by the way of an Acre-Tax Anno XVI Caroli II. Regis CAP. I. Parliaments shall be held once in Three years at the least And an Act for the preventing of Inconveniences happening by the long Intermission of Parliaments Repealed WHereas the Act made in the Parliament begun at Westminster the Third day of November in the Sixtéenth year of the Reign of our late Soveraign Lord King Charles of blessed memory Entituled 16 Car. 1. cap. 1. An Act for the preventing of Inconveniences happening by the long Intermission of Parliaments is in derogation of his Majesties just Rights and Prerogative inherent to the Imperial Crown of this Realm for the Calling and Assembling of Parliaments And may be an occasion of manifold mischiefs and inconveniencies and much endanger the Peace and Safety of his Majesty and all his Liege People of this Realm 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 and by the Authority of the same That the said Act entituled A Repeal of the said Act. An Act for the preventing of Inconveniences happening by the long Intermission of Parliaments And all and every the Articles Clauses and Things therein contained is shall be and are hereby wholly Repealed Annulled and utterly made Void And are hereby declared to be Null and Void to all intents and purposes whatsoever as if the said Act had never béen had or made Any thing in the said Act contained to the contrary in any wise notwithstanding And because by the Ancient Laws and Statutes of this Realm 4 E. 3. cap. 14. 36 E. 3. cap. 10. made in the Reign of King Edward the Third Parliaments are to be held very often Your Majesties humble and Loyal Subjects the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled most humbly do beséech Your most Excellent Majesty That it may be Declared and Enacted And be it Declared and Enacted by the Authority aforesaid That hereafter the sitting and holding of Parliaments shall not be intermitted or discontinued above Thrée years at the most but that within Thrée years from and after the determination of this present Parliament and so from time to time within Thrée years after the determination of any other Parliament or Parliaments or if there be occasion more oftner Your Majesty Your Heirs and Successors do issue out Your Writs for calling assembling and holding of another Parliament to the end there may be a frequent calling assembling and holding of Parliaments once in Thrée years at the least CAP. II. An Act for preventing of Abatements of Writs of Error upon Judgments in the Exchequer WHereas by a Statute made in the One and thirtieth year of the Reign of the late Quéen Elizabeth It is Enacted That the not coming of the Lord Chancellor 31 El. cap. 1. and Lord Treasurer or either of them at the day of Adjournment in any Suit of Error depending 31 E 3. cap. 12. by vertue of the Statute of the One and thirtieth year of the Reign of King Edward the Third therein mentioned concerning Error made in the Exchequer shall not be any Discontinuance of any such Writ of Error But if both the Chief Iustices of either Bench or any one of the said great Officers the Lord Chancellor or Lord Treasurer shall come to the Exchequer-Chamber and there be present at the day of Adjournment in such Suit of Error It shall be no Discontinuance but the Suit shall procéed in Law to all intents and purposes as if both the Lord Chancellor and Lord Treasurer had come and béen present at the day and place of Adjournment Which Statute doth not provide a Remedy in case the said Lord Chancellor and Lord Treasurer or either of them shall not be present at the Days and Times of the Returns of such Writs of Error although it be within the same mischief Iustice being delayed And the parties in such Cases being put to begin new Suits to their great Charges and prejudice by reason of the absence and not coming of the said great Officers 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 Parliament Assembled and by Authority of the same The not comâing of the Lord Chancellor or Lord Treasurer That the not coming of the Lord Chancellor and Lord Treasurer or either of them at the day of Return of any Writ of Errour to be sued forth by vertue of the said Statute made in the said One and thirtieth year of the Reign of the said King Edward the Third shall not cause any Abatement or Discontinuance of any such Writ of Error But if both the Chief Iustices of either Bench or either of them or any one of the said great Officers the Lord Chancellor or Lord Treasurer shall come to the Exchequer-Chamber and there be present at the day of Return of any such Writ of Error it shall be no Abatement or Discontinuance But the Suit shall procéed in Law to all intents and purposes as if both the Lord Chancellor and Lord Treasurer had come and béen present at the day and place of Return of such Writ Provided always That no Iudgment shall be given in any such Suit or Writ of Error unless both the Lord Chancellor and the Lord Treasurer shall be present thereat CAP. III. For Collecting the Duty arising by Hearth-Money by Officers to be appointed by His Majesty 14 Car. 2. cap. 10. WHereas by an Act made in the Parliament begun at Westminster the Eighth day of May in the Thirtéenth year of his Majesties Reign that now is Entituled An Act for Establishing an Additional Revenue upon His Majesty his Heirs and Successors for the better Support of His and their Crown and Dignity And by another Act made in the second Session of the said Parliament 15 Car. 2. cap. 14. in the Fiftéenth year of the Reign of his said Majesty Entituled An Additional Act for the better Ordering and Collecting the Revenue arising by Hearth-money It was Enacted and Ordained That from and after the Five and twentieth day of March in the year of our Lord One thousand six hundred sixty and two every Dwelling and other House and Edifice and all Lodgings in Inns of Court Inns of Chancery Colledges and other Societies that are or hereafter shall be erected within the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed other then such as are therein excepted shall be and are charged with the Annual payment to the Kings Majesty his Heirs and Successors for every Fire-Hearth and Stove within every such House Edifice Chambers and Lodgings the sum of Two shillings by the year to be paid yearly at the Feasts of Saint Michael the Arch-Angel and of the
Thurban Gentleman and George Bowerman Esquire Sir John Henden Knight William Campion William Hammon John Andrews Edward Gulstone Reynald Peckham Esquires The Mayor of Sandwich for the time being Tobias Cleere Phineas Elwood John Verrier Valentine Jekin Jeoffrey Wells Jeoffrey Saket The Mayor of Dover for the time being Richard Jacob Nicholas Eaton William Eaton John Watson John Loome Richard Barley Walter Brames Esquires The Mayor of Rumney for the time being Robert Winill Jeremy Stanford Stephen Brett Thomas Chalcross The Mayor of Heith for the time being John Finch James Pashlie The Mayor of Feversham for the time being John Trouts Esquire John Upton Robert Watson Thomas Southouse The Mayor of Tenderden for the time being Edward Finch Esquire Captain Plomer Thomas Short The Bayliff of Lydd for the time being John Bateman Thomas Bedingfield Michael Childwicke The Mayor of Folkeston for the time being The Mayor of Fordwitch for the time being Thomas Bigg William Norton senior Thomas Norton junior Esquires and John Luckin Canterbury For the City of Canterbury The Mayor for the time being Sir William Man Sir Edward Master Knights Thomas Hardresse Esquire Recorder of the said City John Best Edward Master Squire Beverton Esquires William Stanley Henry Twyman Avery Hills and Leonard Browne Alderman Lancaster For the County of Lancaster Charles Earl of Ancram in the Kingdom of Scotland VVilliam Stanley William Spencer Esquires Sir Richard Houghton Sir George Midleton Sir Robert Binloss Sir Edward Stanley Sir Edward Mosley Sir Ralph Ashton of Whaley Sir Ralph Ashton of Midleton Baronets Sir Gilbert Ireland Sir Roger Bradsheigh Sir Henry Slater Sir Jeoffery Shakerley Sir John Heath Knights John Mollineux Richard Kirkby Roger Nowell Edward Fleetwood Henry Bainstre VVilliam Farrington Robert Holt Laurence Rawstorne Hugh Dickenson William Radley Nicholas Townley John Parker Nathaniel West Thomas Preston John Girlington Daniel Fleming Robert Rawlinson Jeoffrey Rishton Alexander Osbaldeston Alexander Rigby of Middleton John Lightbonne Edward Rigby Francis Lindley Thomas Bradill Christopher Parker Thomas Norres Richard Legh Richard Penington Richard Fleetwood of Rossall Thomas Butler Nicholas Mosley John Halsted of Banckhouse Major John Byrom Robert Heywood James Duckenfeild Matthew Richardson Peers Legh John Entwisley John Risley Cuthbert Ogle Henry Houghton John Birch of Ordsdall Bartholomew Hesketh Captain Byrom Thomas Ashton George Hilton Henry Porter Thomas Caruss William Fife Thomas Greenehalgh Thomas Holt junior Roger Keânon VVilliam Daniel Peter Adlington Ambrose Ludsay Thomas Ashurst VVilliam Kirkby William Banckes junior Richard Leigh Esquires John Aynsworth Thomas Leigh Nicholas Fezackerly Captain Brabin Captain Longworth Nicholas Pennington William Wall Seth Blackhurst James Hodgkinson Joseph Rigby Luke Hodgkinson Ralph Mercer Alexander Woodward Alexander Rigby of Layton John Tatlock Gentleman Edward Dobson Esquire The Mayor of Wiggan for the time being The Mayor of Lancaster for the time being The Mayor of Leverpoole for the time being The Mayor of Preston for the time being John Chandler Gent. Leicester For the County of Leicester Thomas Lord Beaumont of the Kingdom of Ireland John Lord Roos son and heir apparent to John Earl of Rutland Bennet Lord Sherard of the Kingdom of Ireland John Grey Esquire Sir George Villiers Sir Erasmus de la Fountain Sir Tho. Halford Sir Thomas Cave Sir Jeoffry Palmer Sir Woolstan Dixie Sir Henry Hudson sir George Prettyman Baronets sir William Hartop sir John Heath Knights John Crew Philip Sherard Henry Neville George Faunt Tho. Menye Matthew Babington William Noell William Boothby Samuel Jarvis John Fountaine Walter Rudings Thomas Armstone Roger Roe William Whalley Richard Brudenell William Roberts Captain Burton VVilliam Hartop Richard Orton John Needham of Osbaston John Morton Thomas Bradgate Richard Bradgate William Streete William Halford John Turvile William Belgrave John Needham VVilliam Skevington Iohn Hackett Thomas Stavely George Ashby Richard Verney John Cave Stanhope Whalley William Leake Iohn Danvers Thomas Bennet William Bent Roger Smith William Trimnel Henry Farneham Francis Chamberlain Robert Barnard Iohn Barwel Henry Bigland Neale Hewett William Cole Esquires Leicester For the Borough of Leicester William Callis Mayor of Leicester Sir John Prittiman Baronet Sir William Hartopp Knight Walter Rudeings Esquire Richard Palmer Richard Lincoln Alexander Coats Thomas Freeman Thomas Overing Thomas Brown Daniel Abney John Franks Francis Noble Gent. and Thomas Stavely Esquire Lincoln For the County of Lincoln and City and County of the City of Lincoln George Lord Viscount Castleton of the Kingdome of Ireland Robert Lord Willoughby of Earsby Son and Heir apparent to Mountague Earl of Lindsey Lord Great Chamberlain of England William Mountague William Pierpoint Esquires Sir Philip Tyrwhitt Sir Edward Barkham Sir Humphry Winch Sir Henry Massingbord Baronets Sir Francis Goodrick Sir John Moreton Sir Francis Dallison Knights Philip Tyrwhit Henry Fines William Metham Willam Marwood George Sanderson John Ogle Edward Merberry Esquires William Willoughby Esquire Sir John Mounson senior Sir John Bolles Sir William Hickman Sir Robert Dallison Sir Edward Lake Sir John Anderson Baronets Sir John Mounson junior Knight of the Bath Sir Thomas Meres Knight Charles Pelham senior Edward Tourney senior Cycil Turwhitt William Godfrey William Brownlow George Healey William Anderson John Farmary of Northrop Edward Tourney junior John Stow Esquires Sir Henry Bellasis Knight of the Bath Sir Thomas Bernardiston Sir William Wray Sir George Wynne Baronets Sir Edward Aiscough Knights Charles Pelham junior Jervas Hollis Master of Requests William Wentworth William Broxholme Marmaduke Dorrel junior William Bard Alexander Emerson John Nelthrop John Boswel Charles Newcomen Esquires Sir Thomas Ellis Baronet Sir Adrian Scroop Knight of the Bath Sir Martin Lister Sir Robert Christopher Knights John South John Bolles William Fitz-William John Hanby Isaac Knight Charles Radley William Woley William Ballet senior Robert Long Thomas Ely Dymocke Walpoole George Osney Henry Midlemore Esquires Sir Francis Fane Knight of the Bath George Sherard Esquire Sir Thomas Hussey Sir William Thorold Sir John Newton Sir Richard Rothwel Baronets Sir John Walpoole Knight Charles Dymocke Lewis Palmer Anthony Thorold Molleneux Disney Christopher Nevil Richard Brownlow Thomas Ellis William Lister John Hobson Richard Ryley Thomas Petchel Stephen Rothwel John Wilson Henry Stone Anthony Williams VVilliam Thornton VVilliam Rivett Esquires Robert Laming John Colthurst John Trafford Gentlemen Sir Michael Armin Sir John Brownlow Sir Robert Markham Sir VVilliam Brownlow Sir VVilliam Trollop Sir John Bucke Baronets Sir Thomas Orpe sir Christopher Clapham Knights Thomas Hatcher William Stafford Erasmus De Ligne John Hatcher Thomas Harrington William Blyth John Saunders William Savile Edward Skipwith Francis Wingfield Thomas Trollop Adam Cleypoole Philip Dalloe Thomas Skipwith William Hyde William Trollop William VVelby Lister Teigh Esquires Robert Garland Gentleman Thomas Grantham Peregrine Berley sir Anthony Oldfield Baronet sir Henry Heron Knight of the Bath sir Anthony Irby sir Robert Carr Knights sir VVilliam Humble Baronet sir John Brown Knight Thomas Thory Thomas Hall John Jay Charles Skipwith John Lockton Esquires Thomas Brown Gentleman Matthew VVoolmer
Anthony Oldefield Esquires John Empson Esquire Joseph VVhiting Charles Rushworth Samuel Jackson Anthony Hall Doctor Sturton Richard Balder Robert Bisle VVilliam Dickinson Gentlemen Adlard VVelby David Bonnel Esquires John Jelson Daniel Rhodes George Caverne Henry Morley Israel Jackson Gentlemen Thomas Marham Doctor Richer Robert Melish Esquires Richard Milner Gentleman the Mayor of the City of Lincoln for the time being and the four senior Aldermen viz. VVilliam Bishop Edward Blowe Richard Wetherel Robert Wrose the Mayor and the thrée senior Aldermen of Boston viz. John Ellis George Slee Samuel Beeston the Mayors of Stamford and Great Grimsby and the Alderman of Grantham for the time being Doctor Thomas Saunderson William Perkins and Richard Leemine Daniel Thorowgood Richard Butcher George Hill Gentlemen John Humphreys Esquire Charles Bawds Stephen Mason Esquire Samuel Burton John VVimberly Gent. London For the City of London sir John Lawrence Knight Lord Mayor and the Lord Mayor for the time being sir Thomas Adams sir Richard Brown sir Thomas Alleyn sir John Robinson sir VVilliam VVild Recorder Knights and Baronets sir Richard Chiverton sir John Frederick sir Anthony Bateman sir Thomas Soame sir Thomas Bludworth sir VVilliam Bolton sir VVilliam Peake sir VVilliam Turner sir Richard Ford sir Richard Reeves sir VVilliam Thompson sir Theophilus Biddulph sir John Shaw sir VVil. VVale Knights Francis Meynel Samuel Sterling Robert Hanson VVilliam Hooker Thomas Bonfoy Roger Hatton Nicholas Bonfoy John Bence Richard Shelbury Aldermen and the Aldermen and Recorder of the said City for the time being George Waterman Charles Doe Sheriffs and the Sheriffs for the time being John Jones John Jolliffe Thomas Thurgis Henry Dunstar VValter Lap Esquires James Abernoite Middlesex Sir Edward Turnor Knight Speaker of the Honourable House of Commons sir Thomas Ingram Chancellor of the Dutchy of Lancaster Hugh Lord Colrain in the Kingdom of Ireland sir Orlando Bridgman Chief Iustice of the Common-Pleas Henry Lord Cornebury son and heir apparent to Edward Earl of Clarendon Lord Chancellor of England Edward Russel George Mountague Christopher Hatton Thomas Coventry William Mountague Robert Spencer Henry Seymour Esquires sir Henry Bennet Principal Secretary of State John Ashburnham esquire one of his Majesties Bedchamber Edward Progers esquire one of his Majesties Bedchamber Thomas Elliot esquire one of his Majesties Bedchamber sir Harbottle Grimston Baronet Master of the Rolls sir Heneage Finch Knight and Baronet his Majesties Solicitor General sir Gilbert Gerard sir Thomas Fisher sir Henry Wood sir John Robinson sir Jeremy Whichcot sir William Waller sir Richard Franklin sir Joseph Ash sir Reginold Foster sir William Roberts sir Hugh Smithson Baronets sir John Brampston sir Robert Atkins sir John Bennet Knights of the Bath sir Henry Herbert sir Thomas Allen sir Nicholas Crisp sir Thomas Roe sir William Bateman sir Lancelot Lake sir Henry Wroth sir Francis Gerard sir John Glyn sir John Maynard sir John Heath Attorney of the Dutchy sir Winston Churchil sir John Cropley sir Charles Harbord sir Robert Hyde Lord Chief Iustice of the Kings Bench sir Edmond Boyer sir Thomas Clergies sir James Smith sir Ellis Leighton sir Thomas Player junior sir Thomas Byde sir William Rider sir Clifford Clifton sir Gilbert Gerard of Harrow sir Gilbert Gerard of St. James sir John Nicholas sir Philip Warwick sir Christopher Eyres sir John Birkenhead one of his Majesties Masters of Requests sir Cycil Wich sir Robert Car sir Edmond Barker sir John Colliton sir Edmond Peirce sir Justinian Lewin sir Thomas Escourt sir Edward Wingfield sir Henry Wernon sir Paul Painter Knights William Ashburnham Cofferer of his Majesties Houshold Sergeant Wynham Sergeant Waller Charles Cornwallis Humphrey Weld Francis Crawley Edmond Waller George Pit Sydney Bere John Carey Henry Barker John Brown Edwin Rich Francis Bloomer Joseph Ayloffe Thomas Swallow Richard Peacock Charles Cheyne John Trevor Francis Philips Robert Jacob William Hill John Heydon George Day George Marsh William Page Andrew Ellis John Page William Meggs Thomas Collet Ralph Hawtry Thomas Povey Giles Hungerford Thomas Lake Richard Dunton James Hawley Erasmus Moise Charles Pitfield Thomas Kendal Thomas Harrison Thomas Wharton John Jones Henry Osborn John Smith William Goldsborough Richard Abel John Wilford David Walter Richard Cheney Richard Procter James Norfolk John James John Fetherley William Northrey John Philips Auditor Edmund Warcup Roger Jennings Robert Child William Marshall Thomas Ardin Jasper Churchil Daniel Procter John Baldwin VVilliam Bowles VValter Bâothby Nicholas Ranton John Gouldsmith Henry Murrey John Hutchinson Edward Rich Robert Peyton Pawlet St. John VVilliam Dormer Edmond Draper Doctor VVilliam Quarterman esquires sir Thomas Bird one of the Masters of Chancery sir Frederick Hyde Sergeant at Law Robert Hanson Lestrange Colthrop esquires sir Charles Cotterel sir John Birkenhead Richard Atkins James Hambleton one of his Majesties Bed-chamber Edward Trussel Maximilian Bard VVilliam Harpham esquires Mr. Bathurst of Edmonton John Layney John Pawlet Mr. VVood of Littleton Mr. Roberts of Hayes John VValker Mr. Thomas Diconson of Hillingdon Robert Hampton Robert Shoredith Gentlemen Captain Harrington of Staynes Major John Bill Michael Holman Henry Row esquires Mr. Leigh of Greenford Mr. Claxton of Sudbury Mr. Brigginshal of Hayes Mr. Chute of VVilsdon Thomas Nevet Mr. Farrington of South-mims VVilliam Bockenham John Thorp John Norwood John Lloyd Gentlemen sir Richard Napier Robert Napier Tho. Henshaw Griffith Bodurda esquires sir Thomas Thorowgood Knight Frederick Cornwallis Francis Cornwallis and Henry Murrey Esquires Westminster For the City of VVestminster Thomas Lord Richardson Baron Cramond in the Kingdom of Scotland sir VVilliam Morrice Knight Principal Secretary of State sir Henry Bennet Principal Secretary of State sir Edward Nicholas Knight one of his Majesties most honourable Privy Councel George Mountague esquire sir Heneage Finch Knight and Baronet his Majesties Solicitor-General sir VVilliam Plaiters Baronet sir Robert Long sir Lancelot Lake sir Robert Pye sir Charles Harbord sir Cycil VVich Knights sir Edmond Pye Knight and Baronet sir John Cotton Baronet sir Henry Herbert sir John Nicholas Knight of the Bath sir Philip VVarwick sir Richard Everard sir Edward Filmer sir Allen Apsley sir Henry VVood sir Thomas Mâres sir John Talbot sir Charles Cotterel sir Thomas Higgons Knights sir Thomas Littleton Baronet sir VVilliam Poultney Knight sir John Bennet Knight of the Bath sir VVilliam VVheeler Baronet sir Thomas Clergies Knight sir John Birkenhead one of his Majesties Masters of Requests sir VVilliam Clerke sir Anthony Iâby sir Robert Howard Knights sir Edward Greavers Baronet sir John Baber Knight sir John Collaton Knight and Baronet sir Edward Broughton Baronet Iohn Ashburnham Bernard Greenvile Stephen Fox Cecil Tufton Iohn Trevor sir Richard Oately Reignald Graham Doctor VVilliam Quarterman esquires sir Theodore le Vaux sir Hugh Carteret Knights Colonel VVhitley George Pitts Richard Newman Mr. Dolbin Steward of VVestminster Robert Scawen Iohn Browne Thomas Povey Richard Atkins Richard Mason Thomas Coppin VVilliam Glascock Bulleyn Reymes Edmond-Bury Godfrey Francis Lucy Thomas Morrice Robert Filmer Matthew Lock Thomas Russel
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 Lâvel 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 beneaÌts 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
for the Establishing the Form of Making â4 Car. 2. ãâã 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
the East-Indies or any part beyond the Equinoctial shall be and are hereby Attainted of High Treason and shall suffer and forfeit to all intents and purposes as persons Attainted of High Treason ought to do CAP. VI. Damage Cleere taken away WHereas the moneys which are taken by Prothonotaries of Your Majesties Courts of Kings Bench and Common Pleas and by the Clerk of Your Majesties Court of Exchequer at Westminster and the Prothonotary of Your Majesties Court of Common Pleas at Lancaster and the Prothonotaries and Clerks of other Your Majesties Courts within the Realm of England and Dominion of Wales in the name of Damna Clericorum or Damage Cléere Damna Clericorum are an unnecessary charge and burden to all Your Majesties Subjects who have good cause and are put to Sue for Damages in Actions where Damages are recoverable For avoiding of which inconveniencies for the future and that Your Majesties Subjects may have an easier means for the recovery of their damages and just rights which are unjustly detained from them May it please Your most Excellent Majesty that it may be Enacted And the Kings most Excellent Majesty being willing upon all occasions to ease His Subjects of all unnecessary charges and burdens is graciously pleased That it be Enacted And be it Enacted by the Kings most Excellent Majesty Shall determine and not be taken after the 29 day or September 1672. 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 immediately from and after the Twenty ninth day of September which shall be in the year of our Lord One thousand six hundred seventy two no Damage Cléere shall by any Title or Precept whatsoever be due payable taken or received from any person or persons in any Action whatsoever sued or prosecuted in any of His Majesties Courts at Westminster or elsewhere within the Kingdom of England or Dominion of Wales by any Prothonotary Clerk or Clerks or other Officer or Officers of the said Courts respectively And that from and after the day and year aforesaid the said Fée of Damna Clericorum or Damage Cléere shall wholly cease and be for ever abolished in the said Courts And that if any Prothonotary Clerk or Clerks or other Officer in any of the said Courts The Penalty shall take or exact any sum or sums of money in the name of Damna Clericorum or Damage Cléere or any thing in lieu thereof after the day and year above mentioned Or if any of the said Prothonotaries Clerk or Clerks or their Deputies at any time before the said Twenty ninth day of September in the year aforesaid shall exact or take any Damage Cléere or sum of money Bond or Security in lieu thereof from any Plaintiff or Plaintiffs Demandant or Demandants in any Action where Damages have béen or hereafter shall be recovered in any of the said Courts or shall refuse or delay to Sign any Iudgement until Damage Cléere be first paid by the Plaintiff or Demandant which are not to be paid unless forth of the moneys levied from or paid by the Defendants as is herein after provided and mentioned He or they so offending shall forfeit treble the sum so taken exacted or demanded to the party or parties grieved to be recovered by Bill Plaint or Information in any of the said Courts wherein no Essoyn Protection or Wager of Law shall be allowed Provided and be it further Enacted That until the Nine and twentieth day of September which shall be in the year of our Lord God In what cases only they may be taken until the 29 September 1672. One thousand six hundred seventy and two and no longer the Damage Cléere shall be paid answered and allowed out of such sum and sums of money onely as shall be actually levied or otherwise paid by or from the Defendants and onely for the proportion of the Sum and Sums of money which shall be so levied or otherwise paid as aforesaid and no more or otherwise CAP. VII For a more speedy and effectual proceeding upon Distresses and Avowries for Rents FOrasmuch as the ordinary Remedy for Arrearages of Rents is by Distress upon the Lands chargeable therewith And yet nevertheless by reason of the intricate and dilatory proceedings upon Replevins that Remedy is become ineffectual For remedy thereof It is Enacted by the Kings most Excellent Majesty with the Advice and Assent of the Lords Spiritual and Temporal Plaintiff in Replevin being nonsuit before issue joyned and Commons in this present Parliament Assembled and by Authority of the same That whensoever any Plaintiff in Replevin shall be Non-suit before Issue joyned in any Suit of Replevin by Plaint or Writ lawfully returned How the Defendant may Avow removed or depending in any of the Kings Courts at Westminster That the Defendant making a Suggestion in nature of an Avowry or Cognizance for such Rent to ascertain the Court of the cause of Distress The Court upon his Prayer shall award a Writ to the Sheriff of the County where the Distress was taken to enquire by the Oaths of Twelve good and lawful men of his Bayliwick touching the Sum in Arrear at the time of such Distress taken and the value of the Goods or Cattel distrained And thereupon notice of Fiftéen days shall be given to the Plaintiff or his Attorney in Court of the sitting of such Enquiry and thereupon the Sheriff shall enquire of the truth of the matters contained in such Writ by the Oaths of Twelve good and lawful men of his County And upon the Return of such Inquisition the Defendant shall have Iudgement to recover against the Plaintiff the Arrearages of such Rent in case the Goods or Cattel distrained shall amount unto that value And in case they shall not amount to that value then so much as the value of the said Goods and Cattel so distrained shall amount unto The Plaintiff nonsuit after Avowry made c. together with his full Costs of Suit and shall have Execution thereupon by Fieri facias or Elegit or otherwise as the Law shal require And in case such Plaintiff shal be nonsuit after Cognisance or Avowry made and Issue joyned or if the Verdict shall be given against such Plaintiff then the Iurors that are Impannelled or Returned to inquire of such Issue shall at the prayer of the Defendant inquire concerning the Sum of the Arrears and the value of the Goods or Cattel distrained And thereupon the Avowant or he that makes Cognisance shall have Iudgement for such Arrearages or so much thereof as the Goods or Cattel distrained amount unto together with his full Costs and shall have Execution for the same by Fieri facias or Elegit or otherwise as the Law shall require Iudgement upon Demurrer for the Avowant And be if further Enacted by the Authority aforesaid That if Iudgement in any of the Courts aforesaid
nine hundred and two pounds fiftéen shillings and eight pence And all and every person or persons who shall be liable to or any wayes concerned or imployed in the assessing collecting levying receiving or paying of the Moneys by this Act imposed shall have like benefits advantages and discharges and shall be subject to like penalties and forfeitures in case of any neglect or refusal to pay their respective Assessment or to perform their respective duties as any other person or persons lyable unto or concerned or imployed in the assessing collecting levying receiving or paying any of the said former Assessments ought to have or be subject unto as fully and amply as if all and every the clauses matters and things to the said former Assessments relating had béen again in this Act repeated and Enacted The meeting of the Commissioners And be it further Enacted That the several Commissioners shall méet together at the most usual and common place of méeting vpon or before the Tenth day of January One thousand six hundred sixty seven to put this Act in Execution And that the said One hundred and twenty thousand nine hundred and two pounds fiftéen shillings and eight pence shall be assessed collected levied and paid unto the Receivers of the several Counties appointed or to be appointed by His Maâesty and by them answered and paid into his Majesties Exchequer upon or before the Fiftéenth day of February One thousand six hundred sixty and seven Anno XVIII Caroli II. Regis CAP. I. Moneys raised by a Poll and otherwise towards the Maintenance of the present War MOst Gracious Soveraign We Your Majesties most Obedient and Loyal Subjects the Commons now in Parliament Assembled having taken into our serious Consideration the many and urgent Occasions which at this time do press Your Majesty to an extraordinary Expence of Treasure for the Defence of Your Majesties Kingdoms and Dominions and in most thankful acknowledgment of Your Majesties just and tender Care of the welfare of Your People A Free Gift presented to his Majesty towards the carrying on the Warre Do most humbly present unto Your Majesty a Frée Gift of several Sums of money towards the carrying on of the present War to be Levied in such manner as is hereafter expressed and do beséech your Majesty to accept thereof And 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 of the Commons in this present Parliament Assembled and by the Authority of the same That all and every person and persons Bodies Politique and Corporate Guilds or Fraternities within this Kingdom of England Dominion of Wales or Town of Berwick upon Tweed having any personal Estate in such Debts owing to them within the Realm or without Of Personal Estates in Debts and Moneys which he or they do not account or estéem as desperate over and besides such just Debts as he she or they shall bona fide owe or in ready moneys shall yield and pay unto His Majesty for every Hundred pounds in such Debts and ready Moneys the sum of Twenty shillings to be Assessed Imposed Levied and Collected in manner herein after mentioned Debts and Moneys not chargeable by this Act. Provided always That no sum of Money which hath béen lent unto his Majesty upon the Security of the Act Passed at Oxford in the Seventéenth year of his Majesties Reign entituled An Act for granting the Sum of Twelve hundred and fifty thousand pounds to the Kings Majesty for His present further Supply or lent by the City of London upon the Security of His Majesties Revenue arising by Hearth-money 17 Car. 2. cap. 1. at the rate of Sir per Cent. and which at the time of the execution of this present Act shall be unpaid nor any sum of money which shall be lent unto his Majesty upon the Security of this present Act or upon the Security of any other Act of Parliament passed or to be passed during this present Session of Parliament at the rate of Sir per Cent. shall be Rated or Assessed by vertue of this Act Any thing herein contained to the contrary notwithstanding Commissioners and Officers chargeable And be it further Enacted by the Authority aforesaid That all and every person and persons Commissioner or Commissioners having using or exercising any Office Place or publick Imployment whatsoever such persons who are or shall be in Muster and Pay at Land or Sea onely excepted and all and every their Deputies Agents Clerks Secondaries Substistutes and other their inferiour Ministers and Servants whatsoever who are already Taxed in and to the said Monethly Assessment for and in respect of their Offices Agencies and Imployments shall likewise pay vnto his Majesty over and above the several sums with which they are or shall be Charged in or to the said Monethly Assessment the sum of Twelve pence for every Twenty shillings which he or they do receive in one year by vertue of any Fées Profits Perquisites or other Advantages to him or them accruing or by reason or occasion of their several Offices Agencies and Imployments And such who are not already Taxed in and by the said Monethly Assessment for and in respect of their Commissions Offices Agencies and Imployments shall yield and pay unto His Majesty the full sum of Thrée shillings for every Twenty shillings which he or they do receive in one year by vertue of any Fées Profits Perquisites or other advantages to him or them accruing or by reason or occasion of their several and respective Commissions Offices Agencies and Imployments The said several sums of Twelve pence in every Twenty shillings and Thrée shillings in every Twenty shillings to be Assessed Imposed Levied and Collected in such manner as is herein after mentioned Allowing to every such Officer and Commissioner one Third part of the Annual Salary or Sum of money he shall so receive for and towards his or their charge of executing any such Commission Office or Place before mentioned And be it further Enacted by the Authority aforesaid Pensions and Stipends from his Majesty That all and every other person and persons having or claiming to have any Pension or yearly Stipend or Annuity by vertue of any Gift or Grant from His Majesty under his Great Seal or Privy Seal shall pay unto his Majesty the sum of Thrée shillings for every Twenty shillings by the year so given or granted as aforesaid to be Assessed Imployed Levied and Collected in such manner as is herein after mentioned And be it further Enacted by the Authority aforesaid That all Sergeants at Law Counsellors Sergeants at Law Counsellors Attorneys Sollicitors Scriveners Advocates Proctors Notaries Physitians Attorneys Sollicitors and Scriveners and all Advocates Proctors and publick Notaries and all and every person and persons practising the Art of Physick shall pay unto His Majesty the sum of Two shillings
are for the use and service aforesaid to be kept in His Majesties Office of Receipt in the said Mint or Mints under the usual Keys of the Warden Master and Worker and Comptroller for the time being and issued out thence from time to time according to the manner and course of the said Mint or Mints respectively And it is hereby further Enacted That there shall not be issued out of the Exchequer of the said moneys in any one year for the Fées and Salaries of the Officers of the Mint or Mints and towards the providing maintaining and repairing of the Houses Offices and Buildings and other necessaries for Assaying Melting down and Coyning above the sum of Thrée thousand pounds Sterling money And the overplus of the said moneys so kept or to be kept as aforesaid shall be imployed for and towards the expence waste and charge of assaying melting down and Coynage and buying in of Gold and Silver to Coyn The continuance of this Act. and not otherwise And lastly Be it Enacted And it is hereby Enacted by the Authority aforesaid That this Act shall continue and be in force until the Twentieth day of December which shall be in the year of our Lord One thousand six hundred seventy one and until the end of the first Session of Parliament then next following Proviso and no longer Provided always and be it further Enacted That where His Majesty in and by his Letters Patents under his Great Seal dated at Westminster the Twentieth day of August in the Twelfth year of his Reign Dame Barbara Villiers did for divers good causes and considerations Him moving give and grant to Dame Barbara Villiers Widow the sum of Two pence by tale out of every pound weight Troy of Silver moneys which from thenceforth should be Coyned by vertue of any Warrant or Indenture made and to be made by His Majesty his Heirs and Successors To have hold receive perceive and take the same unto the said Dame Barbara Villiers her Executors Administrators and Assigns from the Ninth day of the then instant August wéekly as the said moneys should be Coyned for and during the term of One and twenty years as by the same doth appear That His Majesty may out of the moneys leviable by this Act appoint and cause reasonable satisfaction to be made yearly to the said Dame Barbara Villiers her Executors and Administrators for her Interest in the Premisses not excéeding the sum of Six hundred pounds in any one year Anno Regni CAROLI II. Regis Angliae Scotiae Franciae Hiberniae Decimo Nono AT the Parliament begun at Westminster the Eighth day of May Anno Dom. 1661. In the Thirteenth Year of the Reign of our most Gracious Soveraign Lord CHARLES by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. And there continued by several Prorogations to the 18th day of September 1666. And then continued to the 8th of February following And thence Prorogued to the 10th of October 1667. were Enacted as followeth CAP. I. An Act Explanatory of the Act for Raising Moneys by a Poll and otherwise towards the Maintenance of this present War 18 Car. 2. cap. 1. WHereas by an Act of this present Session of Parliament Intituled An Act for Raising Moneys by a Poll and otherwise towards the Maintenance of this present War It is Enacted That 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 the said Act To prevent all doubts that may arise in the execution thereof Be it Enacted and Declared by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled and by the Authority of the same That the said sum of Twelve pence shall be charged upon and be paid by every person of what age sex or condition soever within the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed other then such persons who receive Alms from the Parish and the Children of any person remaining in his or her family who by reason of their poverty doth not contribute unto the Rates for Church and Poor and which are under the age of sixtéen years and are therefore exempted by the said Act. And be it further Enacted That the respective Parents Guardians and Tutors of every person under the age of One and twenty years shall upon default of payment by such person and upon demand pay Twelve pence for every such person residing in their family or under their Tuition and not exempted as aforesaid And be it Enacted That every person and persons charged or appointed to make any payment by vertue of this present Act shall be compellable by the Commissioners appointed by the before recited Act or any two or more of them to pay the same according unto the Rules and Methods and under the Penalties for paying the Rates expressed in the said recited Act. And be it further Enacted and Declared That every person or persons charged by the said recited Act for his or their Profession Office or in respect of any other capacity chargeable by this or the aforesaid Act who shall find him or themselves overcharged shall and may upon his or their Appeal before the Commissioners in the said Act mentioned or any two or more of them upon his or their several Oaths discharge him or themselves in such manner and form as persons over-rated for their personal Estates are by the said Act enabled And be it Enacted That all persons not being Housholders nor having a certain place of abode and all Servants shall be taxed at the places where they shall be resident at the time of the execution of the said Act and not otherwhere CAP. II. A Judicature erected for Determination of Differences touching Houses Burned or Demolished by reason of the late Fire which happened in London WHereas the greatest part of the Houses in the City of London and some in the Suburbs thereof have béen burnt by the dreadful and dismal Fire which happened in September last Many of the Tenants Vnder-tenants or late Occupiers whereof are liable unto Suits and Actions to compel them to repair and rebuild the same and to pay their Rents as if the same had not béen burned and are not relieveable therein in any ordinary course of Law and great Differences are like to arise concerning the said Repairs and new Building of the said Houses and payment of Rents which if they should not be determined with all spéed and without charge would much obstruct the rebuilding of the said City And for that it is just that every one concerned should bear a proportionable share of the loss according to their several Interests wherein in respect of the multitude of cases varying in their circumstances no certain general rule can be prescribed Be it
HONI · SOIT · QVI MAL · Y · PENSE DIEV · ET · MON · DROIT · A COLLECTION OF THE STATUTES Made in the REIGNS of King Charles the I. AND King Charles the II. With the ABRIDGMENT of such as stand Repealed or Expired Continued after the Method of Mr. PULTON WITH Notes of References one to the other as they now stand Altered Enlarged or Explained TO WHICH ALSO ARE ADDED The Titles of all the Statutes and Private Acts of PARLIAMENT Passed by their said MAJESTIES untill this present Year M.DC.LXVII With a TABLE directing to the Principal Matters of the said STATUTES By THO MANBY of Lincolns-Inn Esq LONDON Printed by John Streater James Flesher and Henry Twyford Assigns of Richard Atkyns and Edward Atkyns Esquires Anno Dom. 1667. Cum Gratia Privilegio Regiae Majestatis A View and Digest of the Heads and Titles of the several STATUTES from the First Year of King CHARLES the First untill this present time according to the Order of Statutes in this Book mentioned Anno Primo CAROLI primi nuper Regis Angliae c. 1 AN Act for punishing of divers Abuses on the Lords Day called Sunday Cap. 1. Fol. 1. 2 An Act to enable the King to make Leases of Lands parcel of his Highness Dutchy of Cornwal or annexed to the same Cap. 2. fol. 1. 3 An Act for the Ease of obtaining Licences of alienation and in the pleading of alienations with Licence or of Pardons of alienations without Licence in the Court of Exchequer or elsewhere Cap. 3. fol. 2. See Stat. 12 Car. 2. cap. 24. 4 An Act for the further Restraint of Tipling in Inns Ale-houses and other Victualling-houses Cap. 4. fol. 2. 5 An Act for the Confirmation of the Subsidies granted by the Clergy Cap. 5. fol. 3. EXP. 6 An Act for the Grant of two entire Subsidies granted by the Temporalty Cap. 6. fol. 3. 7 An Act that this Session of Parliament shall not determine by his Majesties Royal Assent to this and some other Acts Cap. 7. fol. 3. Anno Tertio Caroli Primi Regis c. THe Petition exhibited to his Majesty by the Lords Spiritual and Temporal and Commons in this present Parliament assembled concerning divers Rights and Liberties of the Subject with the Kings Majesties Royal Answer thereunto in full Parliament Folio 3. 1 An Act for the further Reformation of sundry abuses committed on the Lords Day commonly called Sunday Cap. 1. fol. 5. 2 An Act to Restrain the passing or sending of any to be Popishly bred beyond the Seas Cap. 2. fol. 5. 3 An Act for the better suppressing of Unlicensed Ale-house-keepers Cap. 3. fol. 6. 4. An Act for Continuance of divers Statutes and for Repeal of divers others Cap. 4. fol. 7. 5 An Act for the establishing of the Estates of the Tenants of Bromfeild and Yale in the County of Denbigh and of the Tenures Rents and Services thereupon reserved according to a late composition made for the same with the Kings Majesty then Prince of Wales Cap. 5. fol. 11. 6 An Act for Confirmation of the Subsidies granted by the Clergy Cap. 6. fol. 11. EXP. 7 An Act for the grant of Five entire Subsidies granted by the Temporalty Anno Quarto Caroli Regis Cap. 7. fol. 11. Anno Decimo sexto decimo septimo Caroli Primi Regis c. 1 AN Act for the preventing of Inconveniences happening by the long intermission of Parliaments Cap. 1. fol. 11. Rep. and Alt. 16 Car. 2. cap. 1. 2 An Act for the Relief of his Majesties Army and the Northern Parts of this Kingdom Cap. 2. fol. 11. EXP. 3 An Act for the Reforming of some things mistaken in the late Act made in this Parliament for the granting of Four Subsidies Entituled An Act for the Relief of his Majesties Army in the Northern Parts c. Cap. 3. fol. 11. EXP. Anno decimo septimo Caroli Primi Regis c. 4 AN Act for the further Relief of his Majesties Army in the Northern Parts of this Kingdom Cap. 4. Fol. 11. 5 An Act for the better raising and levying of Marriners Saylers and others for the present Guarding of the Seas Cap. 5. fol. 12. EXP. 6 An Act concerning the limitation and abbreviation of Michaelmas Term Cap. 6. fol. 12. 7 An Act to prevent Inconveniences which may happen by the untimely Adjourning Proroguing or dissolving of this present Parliament Cap. 7. fol. 14. EXP. 8 A Subsidy granted to the King of Tunnage and Poundage and other sums of money payable upon Merchandizes Exported and Imported Cap. 8. fol. 14. EXP. 9 An Act for the speedy Provision of Money for Disbanding of the Army and setling the Peace of the two Kingdoms of England and Scotland Cap. 9. fol. 14. EXP. 10 An Act for Regulating the Privy Council and taking away the Court commonly called the Star-Chamber Cap. 10. fol. 14. 11 An Act for Repeal of a Branch of a Statute 1 Eliz. concerning Commissioners for Causes Ecclesiastical Cap. 11. fol. 16. 12 A Subsidy granted to the King of Tunnage and Poundage and other Sums of money payable upon Merchandise Exported and Imported Cap. 12. fol. 17. EXP. 13 An Act for securing of Moneys due or to be due to the Inhabitants of the County of York and other adjoyning Counties wherein his Majesties Army is or hath been Billited c. Cap. 13. fol. 18. EXP. 14 An Act Declaring unlawful and void the late proceeding touching Ship-Money and for the vacating of all Records and Process concerning the same Cap. 14. fol. 18. 15 An Act against divers Incroachments and oppressions in the Stannary Courts Cap. 14. fol. 19. 16 An Act for the certainty of Forrests and of the Meers Meets Limits and Bounds of the Forest Cap. 6. fol. 21. 17 An Act for the Confirmation of the Treaty of Pacification of England and Scotland Cap. 17. fol. 22. EXP. 18 An Act for securing the Publique Faith the remainder of the friendly assistance and relief promised to our Brethren of Scotland Cap. 18. fol. 22. EXP. 19 An Act for the Regulating of the Clerk of the Market and for the Reformation of false Weights and Measures Cap. 19. fol. 22. 20 An Act to prevent vexatious proceeding touching the Order of Knight-hood Cap. 20. fol. 24. 21 An Act for the free bringing in Gun-powder and Salt-Peter from foreign Parts and for the free making of Gun-powder in this Realm Cap. 21. fo 24 22 A Subsidy granted to the King of Tunnage and Poundage and other Sums of money payable upon Merchandise Exported and Imported Cap. 22. fol. 25. 23 An Act for the Raising of Mariners and Saylers for the Guarding of the Seas and his Majesties Dominions Cap. 23. fol. 25. EXP. 24 An Act to relieve Captives taken by the Turks and to prevent the taking of others hereafter Cap. 24. fol. 25. EXP. 25 A Subsidy granted to the King of Tunnage and Poundage and other Sums of money payable upon Merchandizes Exportable and Importable Cap. 25.
Henry late Lord Abergavenny to sell certain Lands for payment of his Debts and Preferment of his Brother and Sisters An Act for the Naturalizing of Francis Brudenel Esq Son and Heir Apparent of the Right Honourable Robert Lord Brudenel and of the Right Honourable Anna Maria Countess of Shrewsbury Daughter of the said Lord Brudenell and now Wife of the Right Honourable Francis Earl of Shrewsbury An Act for the Reviving a Settlement of certain Lands on John Orlibeare for life the Remainder to the Sons of the said John successively and the Heirs Males of their Bodies c. An Act for Confirming and Continuing an Act for the necessary Maintenance of the Work of Draining the great Level of the Fens An Act for Confirming of an Inclosure of Land formerly used for a Common High-way from Parsons Green to Southfield in Fulham and the Setling of other Land for a Common High-way in lieu thereof An Act enabling Trustees to sell certain Lands and Tenements in the Counties of Suffolk and Norfolk for payment of the Debts of Richard Gipps Esq and providing Portions for his younger Children Anno decimo tertio Caroli Secundi Regis Angliae c. The Second Meeting of the Parliament 1 AN Act for the well governing and regulating of Corporations Cap. 1. fol. 90. 2 An Act for prevention of Vexations and Oppressions by Arrests and of delayes in Suits of Law Cap. 2. fol. 91. 3 An Act for granting unto the Kings Majesty Twelve hundred and threescore thousand pounds to be Assessed and Levied by an Assessment of Threescore and ten thousand pounds by the moneth for Eighteen moneths Cap. 3. fol. 93 EXP. 4 An Act to Enable the Kings Majesty to make Leases Grants and Copies of Offices Lands Tenements and Hereditaments parcel of his Highness Dutchy of Cornwal or annexed to the same and for Confirmation of Leases and Grants already made Cap. 4. fol. 93. Private Acts. AN Act for Confirming an Act for Restoring of the Marquess of Hertford to the Dukedom of Somerset An Act for Confirming an Act for Restitution of Thomas Earl of Arundel Surrey and Norfolk to the Dignity and Title of Duke of Norfolk An Act for Confirming of Private Acts. An Act for dividing Trinity Church in Kingston upon Hull from Hasle An Act to enable Algernon Peyton Doctor of Divinity to make Sale of part of his Lands for payment of Debts Anno Decimo tertio decimo quarto Caroli Secundi Regis Angliae c. 1 AN Act for preventing the mischiefs and dangers that may arise by certain Persons called Quakers and others refusing to take lawful Oaths Cap. 1. fol. 94. 2. An Act for Repairing the High-ways and Sewers and for Paving and keeping clean of the Streets in and about the Cities of London and Westminster and for reforming of Annoyances and Disorders in the Streets of places adjacent to the said Cities and for the Regulating and Licensing of Hackney Coaches and for the enlarging of several strait inconvenient Streets and Passages Cap. 2. fol. 95. Anno Decimo quarto Caroli Secundi Regis c. 3 AN Act for Ordering the Forces in the several Counties of this Kingdome Cap. 3. fol. 102. 4 An Act for the Uniformity of Publike Prayers and Administration of Sacraments and other Rites and Ceremonies And for Establishing the Form of Making Ordaining and Consecrating Bishops Priests and Deacons in the Church of England Cap. 4. fol. 108. 5 An Act for Regulating the Making of Stuffs in Norfolk and Norwich Cap. 5. fol. 115. 6 An Act for Enlarging and Repairing common High-ways Cap. 6. fol. 119. 7 An Act to Restrain the Exportation of Leather and Raw Hides out of the Realm of England Cap. 7. fol. 123. 8 An Act for Distribution of Threescore thousand pounds amongst the Truly Loyal and Indigent Commission-Officers and for Assessing of Offices and Distributing moneys thereby raised for their further supply Cap. 8. fol. 125. EXP. 9 An Act for the relief of poor and maimed Officers and Souldiers who have faithfully served His Majesty and his Royal Father in the late Wars cap. 9. fol. 125. 10 An Act for establishing an Additional Revenue upon his Majesty his Heirs and Successors for the better support of His and Their Crown and Dignity cap. 10. fol. 126. 11 An Act for preventing Frauds and regulating abuses in his Majesties Customs cap. 11. fol. 130. 12 An Act for the better Relief of the Poor of this Kingdom cap. 12. fol. 138. 13 An Act prohibiting the Importation of Forreign Bonelace Cut-Work Imbroidery Fringe Bandstrings Buttons and Needlework cap. 13. fol. 143. 14 An Act directing the Prosecution of such as are accountable for Prize-Goods cap. 14. fol. 144. 15 An Act for Regulating the Trade of Silk-Throwing cap. 15. fol. 145. 16 An Act for the more speedy and effectual bringing those persons to Account whose Accounts are excepted in the Act of Oblivion cap. 16. fol. 147. 17 An Act for relief of Collectors of Publick Moneys and their Assistants and Deputies cap. 17. fol. 148. 18 An Act against exporting of Sheep Wooll Wooll-fells Mortlings Shorlings Yarn made of Wooll Wooll-flocks Fullers-Earth Fulling-Clay and Tobacco-pipe-clay cap. 18. fol. 148. 19 An Act against Importing of Forreign Wooll-cards Card-wire or Iron-wire cap. 19. fol. 150. 20 An Act for providing Carriage by Land and by Water for the use of his Majesties Navy and Ordnance cap. 20. fol. 151. 21 An Act for preventing the unnecessary Charge of Sheriffs and for ease in passing their Accounts cap. 21. fol. 152. 22 An Act for preventing of Theft and Rapine upon the Northern Borders of England cap. 22. fol. 155. 23 An Additional Act concerning matters of Assurance used amongst Merchants cap. 23. fol. 156. 24 An Act declaratory concerning Bankrupts cap. 24 fol. 458. 25 An Act for the restoring of all such Advowsons Rectories Impropriate Gleab-lands and Tythes to his Majesties Loyal Subjects as were taken from them and making void certain Charges imposed on them upon their Compositions for Delinquency by the late Usurped Powers cap. 25. fol. 158. 26 An Act for reforming of Abuses committed in the weight and false packing of Butter cap. 26. fol. 159. 27 An Act for repairing of Dover Harbor cap. 27. fol. 161. 28 An Act for the regulating of the Pilchard Fishing in the Counties of Devon and Corn-wall cap. 28. fol. 162. 29 An Act for the reversing the Earl of Strafford his Attainder cap. 29. fol. 163. 30 An Act for the Importing of Madder pure and unmixed cap. 30. fol. 163. Rep. 15. Car. 2. cap. 16. 31 An Act to prevent the Inconvenience arising by melting the Silver-Coyn of this Realm cap. 31. fol. 164. 32 An Act for the better Regulating of the Manufacture of Broad Woollen Cloth within the West-riding of the County of York cap. 32. fol. 164. 33 An Act for preventing the frequent abuses in Printing Seditious Treasonable and unlicensed Books and Pamphlets and for Regulating of Printing and Printing Presses cap. 33. fol.
This Act to continue to the end of the first Session of the next Parliament St. 1 Car. 1. Continued and made perpetual 17 Car. cap. 4. CAP. II. A restraint of passage or sending any person beyond the Seas to be Popishly bred FOrasmuch as divers ill affected persons to the true Religion established within this Realm have sent their children into foreign parts to be bred up in Popery 1. Jac. 4. He that goes himself or sends any other beyond the seas to be trained up in Popery c. shall be disabled to sue c. and shall lose all his goods and shal forfeit all his lands c. for life Stat. 27 El. 2. Stat. 3 Jac. 5. notwithstanding the restraint thereof by the Statute made in the first year of the reign of our late Soveraign Lord King James of famous memory Be it Enacted That the said Statute shall be put in due execution And be it further Enacted by the Kings most excellent Majesty and the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same That in case any person or persons under the obedience of the King his heirs and Successors at any time after the end of this Session of Parliament shall pass or go or shall convey or send or cause to be sent or conveyed any Childe or other person out of any of the Kings Dominions into any the parts beyond Seas out of the Kings obedience to the intent and purpose to enter into or be resident or trained up in any Priory Abbey Nunnery Popish Vniversity Colledge or School or House of Iesuits Priests or in any private Popish Family and shall be there by any Iesuite Seminary Priest Friar Monk or other Popish person instructed perswaded or strengthned in the Popish Religion in any sort to profess the same or shall convey or send or cause to be conveyed or sent by the hands or means of any person whatsoever any sum or sums of Money or other thing for or towards the maintenance of any Childe or other person already gone or sent or to go or to be sent and trained and instructed as is aforsaid or under the name or colour of any Charity Benevolence or Alms towards the relief of any Priory Abbey Nunnery Colledge School or any Religious House whatsoever Every person so sending conveying or causing to be sent and conveyed as well any such Childe or other person as any sum or sums of Money or other thing and every person passing or being sent beyond the Seas being thereof lawfully convicted in or upon any Information presentment or Indictment as is aforesaid shall be disabled from thenceforth to sue or use any Action Bill Plaint or Information in course of Law or to prosecute any Suit in any Court of Equity or to be Committée of any Ward or Executor or Administrator to any person or capable of any Legacy or Déed or Gift or to bear any Office within the Realm and shall lose and forfeit all his Goods and Chattels and shall forfeit all his Lands Tenements and Hereditaments Rents Annuities Offices and Estates of Fréehold for and during his natural life A convert shall not incur the penalties aforesaid Stat. 27. El. 2. Provided always That no person sent or conveyed as aforesaid that shall within six moneths after his return into this Realm conform himself unto the present Religion established in this Church of England and receive the Sacrament of the Lords Supper according to the Statutes made concerning Conformity in other cases required from Popish Recusants shall incur any the penalties aforesaid And it is enacted That all and every of the Offences against this Statute may be inquired heard and determined before the Iustices of the Kings-Bench or Iustices of Assise or Gaol-delivery or of Oyer and Terminer of such Counties where the Offendors did last dwell or abide or whence they departed out of this Kingdom or where they were taken Provided also That if any person or Childe so passing or sent or now being beyond the Seas shall after his return into this Realm conform himself to the present Religion established in this Church of England and receive the Sacrament of the Lords Supper according to the Statutes made for or concerning Conformity in other cases required from Popish Recusants for and during such time as he or she shall so continue in such Conformity and obedience according to the true intent and meaning of the said Laws and Statutes shall have his or her Lands restored to them again CAP. III. The Forfeiture and Punishment of him that keeps an Alehouse without License VVHereas by an Act made in the fifth year of the reign of King Edward the sixth of famous memory intituled an Act for kéepers of Alehouses to be bound by Recognizance amongst other things â 6. Ed. 6. 25 it is enacted That if any person or persons other then such as should be from thenceforth admitted and allowed by the Iustices mentioned in the said Act should after the day in the said Act limited obstinately and upon his own authority take upon him or them to kéep a common Alehouse or Tippling-house or should contrary to the commandment of the said Iustices or two of them use commonly selling of Ale or Béer That then the said Iustices of Peace or two of them whereof one to be of the Quorum should for every such offence commit every such person or persons so offending to the Common Gaol within the same Shire City Borough Town corporate Franchise or Liberty there to remain without bayl or mainprise by the space of thrée days And before his or their deliverance the said Iustices shall take recognizance of him or them so committed with two Sureties that he or they should not kéep any common Alehouse Tippling-house or use commonly selling of Ale or Béer as by the discretion of the said Iustices should séem convenient And the said Iustices should make Certificate of every such Recognizance and Offence at the next Quarter Sessions that should be holden within the same Shire City Borough Town corporate Franchise or Liberty where the same should be committed or done which Certificate should be a sufficient Conviction in Law of the same Offence And the said Iustices of Peace upon the said Certificate made should in open Sessions assess the Fine for every such Offence at twenty shillings as by the said Act may appear Which Law hath not wrought such Reformation as was intended for that the said Fine of twenty shillings is seldom levied and for that many of the said Offendors by reason of their poverty are neither able to pay the said Fine of twenty shillings nor yet to bear their own Charges of conveying them to the Gaol And moreover do leave a great charge of Wife and Children upon the Parishes wherein they live In regard whereof the Constables and other Officers are much discouraged in presenting them and the Offendors become
other intituled an Act for the bringing in of Clapboard from the parts beyond the Seas 35 El. 11. and the restraining of the transporting of wine Casks for the sparing and preserving of Timber within the Realm And so much of one Act made in the five and thirtieth year of the Reign of the said late Quéen Elizabeth intituled an Act to retain the Quéens Majesties Subjects in their due obedience 35 El. 2. as hath not béen since repealed by any other Statute And the several Acts hereafter mentioned 39 El. 4. made in the nine and thirtieth year of the Reign of the late Quéen Elizabeth that is to say an Act intituled an Act for the punishment of Rogues Vagabonds and sturdy Beggars with the provision annexed thereunto 2 Jac. 25. 39 El. 10. by one Act made in the first year of the reign of the late King James intituled an Act for continuing and reviving of divers Statutes and for repealing of some others An Act intituled St. 23 El. 7. 39 El. 14. an Act for the increase of Mariners and for maintenance of Navigation repealing a former Act made in the thrée and twentieth year of her said Majesties Reign bearing the same title an Act intituled an Act prohibiting the bringing into the Realm of forreign Cards for Wool an Act intituled St. 23 El. 7. 39 El. 14. 39 El. 16. 39 El. 17. 43 El. 3. 43 El. 5. 43 El. 2. 1 Jac. 25 an Act for restraining the excessive making of Mault an Act against lewd and wandring persons pretending to be Souldiers or Mariners And the several Acts hereafter mentioned made in the thrée and fortieth year of the said late Quéen Elizabeth that is to say an Act intituled an Act for the necessary relief of Souldiers and Mariners an Act intituled an Act to avoid trifling and frivolous Suits in Law in her Majesties Courts at Westminster an Act intituled An Act for relief of the Poor with the addition thereunto made by an Act made in the first year of the reign of the late King James intituled an Act for continuing of divers Statutes and for repeal of some others and with this further addition And be it Enacted The Overseers of âoâ Poor may put out Apprentices The Church-wardens c. may set up any Trade to âânâ the poor work 43 El. 10. 43 El. 5. 1 Jac. 7. St. 39 El. 4. 1 Jac. 8. 1 Jac. 22. That all persons to whom the Overséers of the Poor shall according to the said Act binde any children Apprentices may take and receive and kéep them as Apprentices And also that the Churchwardens and Overséers of the Poor mentioned in the said Act made in the said thrée and fortieth year may by and with the consent of two or more Iustices of the Peace whereof one to be of the Quorum within their respective limits wherein shall be more Iustices than one and where no more shall be than one with the assent of that one Iustice of the Peace set up use and occupy any Trade Mystery or Occupation only for the setting on work and better relief of the Poor of the Parish Town or Place of or within which they shall be Church-wardens or Overséers of the Poor any former Statute to the contrary notwithstanding An Act intituled an Act for the true making and working of Woollen Cloth an Act intituled an Act to prevent Perjury and subornation of Perjury and unnecessary expence in Suits of Law And the several Acts made in the first year of the reign of the late King James after mentioned One Act intituled an Act for continuance and explanation of the Statute made in the nine and thirtieth year of the reign of the late Quéen Elizabeth intituled an Act for punishment of Rogues Vagabonds and sturdy Beggars another intituled an Act to take away the benefit of Clergy for some kind of Man-slaughter another intituled an Act concerning Tanners Curriers Shoo-makers and other Artificers occupying the cutting of Leather saving for such part thereof as is repealed by one other Act St. 4 Jac. 6. 1 Jac. 27. made in the fourth year of his said late Maiesties reign of England in that behalf Another intituled an Act for the better execution of the intent and meaning of former Statutes made against shooting in Guns and for the preservation of the Game of Pheasants and Partridges and against the destroying of Hares with Hare-pipes 1 Jac. 18. 1 Jac. 6. St. 5 El. 4 1 Jac. 31. and tracing Hares in the Snow an Act intituled an Act for avoiding of Deceit in Selling Buying or spending corrupt and unwholsome Hops an Act intituled an Act for explanation of the Statute made in the fifth year of the late Quéen Elizabeths reign concerning Labourers an Act for the charitable relief and ordering of persons infected with the Plague And the several Acts made in the third year of the Reign of the late King James after mentioned That is to say 3 Jac. 9. 3 Jac. 10. 3 Jac. 11. one Act intituled an Act for relief of such as lawfully use the Trade and Handy-craft of Skinners Another Act intituled an Act for rating and levying of the charges for conveying of Malefactors and Offendors to the Gaol Another Act for transporting of Béer over the Seas 3 Jac. 13. 4 Jac. 11. One other intituled an Act against unlawful hunting and stealing of Déer and Conies And one Act made in the fourth year of the reign of the said late King James intituled an Act for the better provision of Meadow and pasture for the necessary maintenance of Husbandry and Tillage in the Mannors 7 Jac. 1. Lordships and Parishes of Merden alias Mawarden Boddenham Wellington Sutton Saint Michael Sutton Saint Nicholas Murton upon Lugge and the Parish of Pipe 7 Jac. 4. 7 Jac. 12. and every of them in the County of Hereford And the several Acts made in the seventh year of the Reign of the late King James after mentioned the one intituled an Act for the better execution of Iustice and suppressing of criminal Offenders in the North parts of the Kingdome of England 7 Jac. 12. 7 Jac. 13. Another intituled an Act for the due execution of divers Laws and Statutes heretofore made against Rogues Vagabonds and sturdy Beggars and other lewd and idle persons St. 3 Jac. 23. 7 Jac. 18. Another intituled an Act to prevent the spoil of Corn and Grain by untimely hawking and for the better preservation of Pheasants and Partridges One other Intituled an Act to avoid the double payment of Debts One other Intituled An Act for the explanation of one Statute made in the second Session of that present Parliament intituled an Act against unlawful hunting of Déer and Conies And one other Act intituled an Act for the taking landing and carrying of Sea-sand for the bettering of grounds 25 H. 8. 11. and for the increase of Corn and Tillage within the Counties of Devon and Cornwall And that
The Essoin dayes and the Essoin day of the Return of Crastino Sanctae Trinitatis And be it further enacted Writs in personal actions hauing day from tres Michaelis till Crastino Ascentionis good Proviso for writs returnable 1641. Exp. That all Writs and Process in personal Acttions hereafter to be made out of any of his Majesties said Courts at Westminster and having day from tres Michaelis untill Crastino Animarum shall be good and effectual in Law notwithstanding there be not fiftéen dayes betwixt the quarto die of the said tres septimanas sancti Michaelis and the dayes of Essoin of Crastino Animarum Any Law Statute or Vsage to the contrary heretofore notwithstanding Provided alwayes and be if further Enacted by the Authority aforesaid that all writs and Process to be made from and after the Feast of Easter in the year of our Lord God 1641. Returnable in Octabis or Quindena sancti Michaelis now next ensuing or having dayes betwixt any of the said Returns shall by force of this Act have day unto tres septimanas sancti Michaelis next and the parties to the said writs and Process shall then appear and plead and procéed thereupon to all intents and purposes as if the said Writs and Process had béen made returnable a die sancti Michaelis in tres septimanas And whereas before the making of this Act Writs of summons ad Warrantizandum upon common recoveries and writs of Right of Advowson abridged to five Returns all Writs of Summons ad Warrantizand against the Vouchées upon Common Recoveries had in writs of Entry and writs of Right of Advowson were made for nine Returns inclusive Now for the more spéedy perfecting of such Recoveries Be it Enacted by the Authority aforesaid that from and after the said Feast of Saint Michael the Archangel next all and every such writs of Summons ad Warrantizand upon the appearance of the Tenant to every such writ of Entry and writ of Right of Advowson shall and may be made and abridged to five Returns as writs of Summons ad Warrantizand in writs of Dower unde nihil habet heretofore have been used and accustomed And it is further Enacted by the Authority aforesaid that all common writs and Process Common writs process to keep the aforesaid returns as well personal as mixt which shall fortune to be returnable in the said Michaelmas Term shall have and kéep the said Returns of A die sancti Michaelis in tres septimanas a die sancti Michaelis in unum mensem in Crastino animarum in Crastino Sancti Martini in Octabis Sancti Martini and a die Sancti Martini in Quindecem dies or any of them Provided alwayes And it is further Enacted by the authority aforesaid Special dayes may be appointed as have been used Dayes in assise of Darrein presentment and in plea of quare impedit and in attaint not contrary hereto shall be firm that in such and like cases and Process as special dayes have béen used to be appointed and assigned and given for the returning of writs and Process It shall be lawful to the Iustices of every of the Kings said Courts of Record for the time being in all the Process by them awarded to assign and appoint special dayes of Returns as by their discretions shall be thought convement Provided also and be it further Enacted by the Authority aforesaid That the dayes in Assise of Darrein presentment and in Plea of Quare Impedit limited and appointed by the Statute of Marlebridge and also the dayes to be given in Attaint limited in the Statute made in the fifth year of the Reign of the Noble King Edward the third And also in the Statute made in the thrée and twentieth year of the Raign of the late King Henry the eighth of worthy memory being not contrary to the Tenours of this Act shall be holden firm and stable and shall stand in their full force and effect CAP. VII 1 Stat. 12. Car. 2. cap. 1. This Parliament shall not be Dissolved Prorogued or Adjourned but by Act of Parliament EXP. CAP. VIII Tunnage and Poundage A Subsidy Granted to the King of Tunnage Poundage and other sums of Money payable upon Merchandize Exported and Imported from the 25th of May 1641. to the 14th of July next EXP. CAP. IX Provision of Money for the speedy Disbanding the Armies and setling the Peace of the two Kingdoms of England and Scotland by raising and charging several sums of Money upon persons according to their Ranks Dignities Offices Callings Estates and Qualities therein mentioned and Commissioners to issue for levying the same EXP. CAP. X. For Regulating the Privy Councel and for taking away the Star-Chamber-Court Recital of Maââ-Chârlâ and several Statutes St. 3. li. 7. 1. 5 E. 3. cap. 9. VVHereas by the Great Charter many times confirmed in Parliament It is Enacted That no Fréeman shall be taken or imprisoned or disseised of his Fréehold or Liberties or Frée Customs or be Outlawed or exiled or otherwise destroyed and that the King will not pass upon him or condemn him but by lawful Iudgment of his Péers or by the Law of the Land And by another Statute made in the fifth year of the Reign of King Edward the Third It is Enacted That no man shall be attached by any accusation nor fore-judged of life or limb nor his Lands Tenements Goods nor Chattels seised into the Kings hands against the form of the Great Charter and the Law of the Land and by another Statute made in the five and twentieth year of the Reign of the same King Edward the Third 25 E. 3. cap. 4. Stat. 5. It is accorded assented and established that none shall be taken by petition or suggestion made to the King or to his Councel unless it be by Indictment or Presentment of good and lawful people of the same Neighbourhood where such Déeds be done in due manner or by Process made by Writ Original at the Common Law and that none be put out of his Franchise or Free-hold unless he be duly brought in to answer and foreiudged of the same by the course of the Law and if any thing be done against the same it shall be redressed and holden for none 28 E. 3. cap. 3. And by another Statute made in the eight and twentieth year of the reign of the same King Edward the Third It is amongst other things Enacted That no man of what Estate or condition soever he be shall be put out of his Lands or Tenements nor taken nor imprisoned nor disinherited without being brought in to answer by due process of Law And by another Statute made in the two and fortieth year of the Reign of the said King Edward the Third 42 E. 3. c. 3. It is Enacted That no man be put to answer without presentment before Iustices or matter of Record or by due process and writ original according to the Old Law of
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 Shipârits 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
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 courâ or attachment c. hath been within ãâã 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 Kingdomâ and by granting
hundred fourty and one shall put in execution any Letters Patents Proclamation Edict Act Order Warrant Restraint or other Inhibition whatsoever whereby the Importation of Gun-powder Salt-peter Brimstone or other the materials aforementioned or any of them from Forraign parts or the making of Gun-powder within this Realm shall be any way prohibited or restrained That then the said person and persons so offending shall incur and sustain the pains penalties and forfeitures contained and provided in the Statute of provision and premunire made in the Sixtéenth year of King Richard the Second CAP. XXII A Subsidy granted to the King of Tunnage Poundage and other sums of Money Tunnage Poundage payable upon Merchandize Exported and Imported from the 9th of August 1641. to the first of December next EXP. CAP. XXIII An Act for the better raising and Levying of Mariners Sailers and others Mariners for the present guarding of the Seas EXP. CAP. XXIV For Relief of Captives taken by Turkish and other Pyrats Captive and one per Cent. on Customable goods for three years to be paid and received by the Lord Mayor and Chamberlain of London for that purpose EXP. CAP. XXV A Subsidy granted to the King of Tunnage Poundage c. from the last of November 1641. Tunnage Poundage to the first of February next and the like until the second of July 1642. EXP. CAP. XXVI For the better Raâsing and Levying of Mariners Sailers and others Mariners for the present guarding of the Seas EXP. CAP. XXVII Persons in Holy Orders shall not exercise certain temporal powers and authorities Persons in Holy Orders REP. Stat. 13 Car. 1. cap. 2. CAP. XXVIII For the better Raising and Levying of Souldiers for the present defence of the Kingdoms of England and Ireland Souldiers EXP. CAP. XXIX A Subsidy granted to the King of Tunnage and Poundage Tunnage Poundage and other sums of Money payable upon Merchandize Exported and Imported from the last of January 1641. to the 25th of March next ensuing EXP. CAP. XXX A Contribution and Loan towards the Relief of Ireland Contribution EXP. CAP. XXXI A Subsidy granted to the King of Tunnage and Poundage Tunnage Poundage and other sums of Money payable upon Merchandize exported and imported from the second of May 1642. to the second of July next following EXP. CAP. XXXII For the Raising and Levying of Moneys for the necessary defence and great affairs of the Kingdoms of England and Ireland and for the payment of Debts undertaken by the Parliament Ireland EXP. CAP. XXXIII An Act for the speedy and effectual reducing of the Rebels in Ireland EXP. CAP. XXXIV Certain Clauses explaining another Act for the reducing the Rebels in Ireland EXP. CAP. XXXV Corporations and Bodies Politick enabled to partake of the benefit of an Act for reducing the Rebels in Ireland EXP. CAP. XXXVI A Subsidy granted to the King of Tunnage Poundage and other sums of Money Tunnage Poundage payable upon Merchandize exported and imported from the 14th of March 1641. to the third of May next ensuing EXP. CAP. XXXVII For the further advancement of an effectual and speedy Reduction of the Rebels in Ireland EXP. Anno Regni Caroli II. Regis Angliae Scotiae Franciae Hiberniae Duodecimo AT the Parliament begun at Westminster the Five and twentieth day of April Anno Dom. 1660. In the Twelfth Year of the Reign of Our most Gracious Soveraign Lord CHARLES the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. And there continued until the Nine and twentieth day of December then next following and then Dissolved by his Majesty To the high pleasure of Almighty God and to the weal publick of this Realm were Enacted as followeth CAP. I. The Assembling and Sitting of this present Parliament St. 17 Car. 1. cap. 7. St. 13 Car. 2. cap. 1. The Parliament begun 3 Nov. 16 Car. declared to be dissolved St. 13 Car. 2. cap. 1 The Lords and Commons now sitting declared to be the two Houses of Parliament FOr the preventing all Doubts and Scruples concerning the Assembling Sitting and Procéeding of this present Parliament Be it Declared and Enacted and it is Declared and Enacted by the King our Soveraign Lord and by the Lords and Commons in Parliament assembled and by Authority of the same That the Parliament begun and holden at Westminster the third day of November in the Sixtéenth year of the Reign of the late King CHARLES of blessed Memory is fully Dissolved and Determined And that the Lords and Commons now sitting at Westminster in this present Parliament are the Two Houses of Parliament and so shall be and are hereby Declared Enacted and Adjudged to be to all Intents Constructions and purposes whatsoever notwithstanding any want of the Kings Majesties Writ or Writs of Summons or any Defect or Alteration of or in any Writ or Writs of Summons or any other Defect or Default whatsoever as if this Parliament had béen Summoned by Writ or Writs in his Majesties Name according to the usual Form and as if His Majesty had béen present in person at the Assembling and Commencement of this present Parliament Provided alwayes That this Parliament may be dissolved by his Majesty after the usual manner as if the same had béen summoned by Writ or Writs in his Majesties Name The Kings assent to this Act shall not determine this Session Provided also and it is hereby Enacted That His Majesties Royal Assent to this Bill shall not determine this present Session of Parliament CAP. II. An Act for putting in Execution an Ordinance mentioned in the said Act for an Assessment of 70000 l. per mensem for three Months EXP. CAP. III. Process and Judicial Proceedings Continued WHereas the four first Returns of Easter Term in the year One thousand six hundred sixty of late called from Easter day in fiftéen dayes from Easter day in thrée wéeks from Easter day in one Moneth and from Easter day in five wéeks or any of them cannot be conveniently kept or holden Now for avoiding all manner of discontinuances whatsoever which by occasion thereof should or might happen or be in any Matter or cause whatsoever Process Writs c. shall not be discontinued for not holding certain dayes of Return in any the Courts at Westminster Be it Enacted by the Kings most Excellent Majesty and the Lords and Commons Assembled in Parliament That no Pleas Writs Bills Actions Suits Plaints Process Precepts or other thing or things whatsoever Pleaded Returned or Depending or having day or dayes in any of the said Courts in or at the said several Returns or any of them or at any other day or dayes certain after any of the said Returns shall be in any wise discontinued or put without day for or by reason of the not kéeping or holding of the said Returns or dayes or any of them but that all
his Majesty that now is and not accompted for and discharged Iesuites Seminary and Romish Priests excepted And also excepted out of this Pardon all and every offence and offences committed or done by any Iesuit Seminary or Romish Priest whatsoever contrary to the Tenor or effect of the Statute made in the Seven and twentieth year of the Reign of the late Quéen Elizabeth Entituled An Act against Jesuits Seminaries Priests and other disobedient persons or of any part thereof and all out-lawries procéedings Iudgments and executions for the same offences or any of them Provided alwayes and be it Enacted by the authority aforesaid Writs of Cap. Utlagat may be diâââed against any person That it shall and may be lawfull to and for all and every Clerk and other Officer of the Courts at Westminster to award and make Writs of Capias Utlagatum at the suit of the party plaintiff against such persons out-lawed as be pardoned by this Act to the intent to compel the Defendant or Defendants to make answer to the plaintiff or plaintiffs at whose suit he or they were outlawed And that every person so out-lawed The party out-lawed may sue one a scire fac as against the Plaintiff shal sue a Writ of Scire facias against the party or parties at whose Suit he or they were so out-lawed before this pardon in that behalf shall be allowed him or them so out-lawed Provided and be it Enacted by the authority aforesaid That this Act of general pardon shall not in any wise extend to pardon any Out-lawries upon any Writ of Capias ad Satisfaciendum untill such time as the party so out-lawed shall satisfie Persons out-lawed upon capias ad satisfaciendum c. or otherwise agrée with the party at whose suit the same person was so out-lawed or condemned And also excepted out of this pardon all informations and other procéedings depending concerning any common Highwayes or Bridges and all issues returned upon any process concerning the same since the Thirtieth day of January Informations and proceedings concerning high-waies c excepted One thousand six hundred forty eight Except also all Recognizances Obligations and other securities given or entred into Since the five and twentieth of March One thousand six hundred and forty by any Receiver Réeve Bayliffe Collector or other accountant in the Court of the publick Exchequer and their sureties and their acounts respectively Provided alwayes and be it Enacted that this Act or any thing therein Contained Obligation and recognizance not yet forfeited shall not extend or be construed to Pardon or discharge any Recognizance Obligation or Bond which is not yet forfeited And be it further Enacted by the Authority aforesaid That all Acts of Hostility and Injuries All acts of hostility injuries c. between the King and his Parliament to be put in perpetual oblivion whether betwéen the late King and the Lords and Commons then in Parliament assembled or betwéen any of the People of this Nation which did arise upon any Action Attempt Assistance Counsell or Advice having Relation unto or falling out by reason of the troubles or in the late Wars or publick differences betwéen the late King and Parliament or betwéen His now Majesty or any of Subjects and which are not in this Act excepted That the same and whatsoever hath ensued thereupon whether trenching upon the Laws and Liberties of this Nation or upon the Honor of His Majesty or upon the Honor or Authority of the Parliament or to the prejudice of any particular or private Person shall in no time from and after the four and twentieth day of June in the year of our Lord one thousand six hundred and sixty be called in question whatsoever be the quality of the person or of whatsoever kind or Degrée Civil or Criminal the Inâury is supposed to be And that no mention be made thereof in time to come in Iudgment or in Iudicial procéedings And to the intent and purpose that all names and terms of Distinction may be likewise put into utter Oblivion Be it further Enacted by the Authority aforesaid The penalty upon any person that shall within 3. years use any words of reproach or disgrace tending to revive the memory of the late differences That if any person or Persons within the space of Thrée years next ensuing shall presume maliciously to call or alledge of or object against any other person or persons any Name or Names or other Words of Reproach any way tending to revive the Memory of the late Differences or the Occasions thereof That then every such person so as aforesaid Offending shall forfeit and pay unto the party grieved in case such party Offending shall be of the Degrée of a Gentleman or above Ten pounds and if under that Degrée The sum of forty shillings to be recovered by the party grieved by Action of Debt to be therefore brought in any of His Majesties Courts of Record wherein no Essoin protection or Wager of Law shall be allowed or any more then one Imparlance so as the same Action be commenced or prosecuted within six Moneths next after the Offence Committed And if the Iury sworn to try any Issue or Issues that shall be joyned in such Action shall find for the plaintiff they shall likewise give to every such Plaintiff Forty shillings Damages over and above the penalty aforesaid Provided alwayes that this Act or any thing therein contained shall not Extend Persons plotting or signing the Irish Rebellion excepted or give any benefit unto any person or persons who have had any hand in the Plotting Contriving or designing the great and heinous Rebellion in Ireland mentioned in one Act passed in the Parliament begun at Westminster the third day of November in the sixtéenth year of King Charles entituled An Act for the speedy and effectual Reducing of the Rebels in His Majesties Kingdom of Ireland to their due obedience to His Majesty and Crown of England Or in Aiding Assisting or Abetting the same Other then such as by another Act intended hereafter to be passed shall be therein Named mentioned or Expressed to be pardoned nor to Enure to Restore to any person or persons bodies politick or corporate other then the Marquess of Ormond Lord Steward of his Majesties Houshold and other the Protestants of Ireland and their Heirs and such other person and persons as in and by an Act intended hereafter to be passed shall be therein Named Mentioned or Expressed in that behalf any Estate Liberties Franchises or Hereditaments in England or Ireland sold or disposed of by both or either Houses of Parliament or any Convention assuming the Stile or Name of a Parliament or any person or persons deriving authority from them or any of them or which was approved or confirmed by them or any of them Nor to the Mean Profits Rents or Contingencies of advantage of the same Every person pardoned may plead the general Issue
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
que use Cestuy que trust and every of them their Heirs Executors Administrators and Assigns respectively as if this Act had not béen made and as if the said person or persons had not béen excepted attainted or convicted Any Law Statute Vsage or Custome to the contrary thereof in any wise notwithstanding Provided alwayes That this Act nor any thing therein contained Fabricâ Lands Church Goods and Vtensils shall not extend to Indempnifie any person or persons whatsoever who have entred into any Messuage Lands Tenements and Hereditaments called Fabrick Lands or possest themselves of any Rent or Revenues given for the repair of any Cathedral or other Church or who have Sacrilegiously enriched themselves by converting the Plate or Vtensils and Materials of or belonging to such Churches to their own private use and advantage for or in respect of the said Crimes onely Stat. 13 Car. 2. cap. 7. CAP. XII Which Judicial Proceedings shall be good and effectual in Law and which not BE it Enacted and it is Enacted by His Majesty and the Lords and Commons in Parliament assembled and by the Authority of the same That no Fines nor final Concords Which Acts and Proceedings shall not be avoided Chirographs nor Proclamations of Fines nor any Recoveries Verdicts Iudgments Statutes Recognizances nor Inrolments of any Déeds or Wills or of any such Fines Proclamations Recoveries Verdicts Iudgments Statutes or Recognizances nor any Exemplifications of them nor any of them nor any Inquisitions Indictments Presentments Informations Decrées Sentences Probats of Wills nor Letters of Administration nor any Writs or Actings on or Returns of Writs Orders or other Procéedings in Law or Equity had made given taken or done or depending in the Courts of Chancery Kings-Bench Vpper Bench Common-Pleas and Court of Exchequer and Courts of Exchequer-Chamber or any of them sitting at Westminster or in the Courts of the Great Sessions in Wales the Courts of any Counties Palatine or Dutchy of Lancaster or Town of Berwick upon Tweed or in any other inferiour Courts of Law or Equity or by any the Iudges Clerks Officers Sheriffs Coroners or Ministers or others Acting in Obedience to them or any of them or by any the Courts of Admiralty Delegates Iustices of Assize Nisi Prius Oyer and Terminer Gaol-Delivery Iustices of the Peace Commissioners of Sewers Bankrupts or Charitable Vses nor any Actings Process Procéedings nor Executions thereupon had made given done or suffered in the Kingdom of England since the First of May One thousand six hundred forty two shall be avoided for want or defect of any Legal Power in the said Courts Iudges Commissioners Iustices or any of them or for or by reason that the Premisses or any of them were commenced prosecuted had made held or used in the Name Stile or Title of the late King or 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 of Oliver Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging Or 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 or for or by reason of any alteration of the said Names Stiles or Titles Or for that the said Fines Recoveries Process Pleadings Procéedings and other things before mentioned Or the Entry and Enrolment of them or any of them were in the Latine or English But that all and every such Fines Recoveries and other things above mentioned and the Actings Doings and Procéedings thereupon shall be of such and of no other Force Effect and Vertue then as if such Courts Iudges Iustices Commissioners Officers and Ministers had acted by vertue of a True Iust and Legal Authority and as if the same and the Entry and Enrolment thereof were in Latine and as if the several Acts and Ordinances or pretended Acts or Ordinances made by both or either Houses of Parliament or any Convention assembled under the name of a Parliament or by Oliver Cromwell late stiled Protector of the Commonwealth of England Scotland and Ireland and the Dominions thereto belonging and his Council Warranting or Directing such Procéedings had béen Good True and Effectual Acts of Parliament Fines Levied without Entry of Licentia concordandi And whereas since the death of the late King several Fines have béen Levied without any Entry or due Entring of any sum paid pro licentia concordandi commonly called the Kings Silver and without Entry or due Entry of any sum given to the party for the Concord And also whereas in the Term of St. Michael last past several Fines were Levied and Recorded in the Court of Common Pleas before one Iudge onely of the said Court Be it Enacted That the said Fines and Proclamations thereupon and every of them shall be good and effectual notwithstanding the defects aforesaid Fines and Recoveries of Lands in Com Palatin Durham And be it also further Enacted That all Fines Proclamations of Fines Recoveries and other Iudicial procéedings in the Court of Common Pleas at Westminster since the death of His late Majesty King Charles the First Had Levied or Suffered of any Lands lying in the County Palatine of Durham shall be good and effectual notwithstanding the said Lands were lying in the said County Palatine The Illegal Acts and Proceedings of that High Court of Iustice not allowed Provided That this Act or any thing there in contained shall not be Construed Deemed or Adjudged to make good allow confirm or countenance any the Procéedings in the late Illegal and Vn-warranted High Courts of Iustice or so called or any of them And whereas since the first day of May in the year of our Lord One thousand six hundred forty one and before the Five and twentieth day of April in the year of our Lord One thousand six hundred and sixty there were divers persons that Adhered to both Houses of Parliament who for or in respect of such their adherence were Indicted Charged or Impeached of Treason And whereas since the said first Day of May in the Year of our Lord One thousand six Hundred Forty one and before the said Five and twentieth day of April in the Year of our Lord One thousand six hundred and sixty divers persons who adhered to His Majesty or to the late King were for such their adherence Charged Impeached or Indicted of High Treason Indictments c. and all Grants thereupon made void Be it further Provided and Enacted That the said Charges Impeachments Indictments and all Exigents Outlawries Convictions and Attainders thereupon and all Letters Patents and Grants thereupon made of any Manors Lands Tenements or
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 Restaurationâ 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
and other his Lieges of this Realm conducted his Majesty unto His Royal Cities of London and Westminster with all possible Expressions of their Ioy and Loyal Affections in far greater Triumph than any of his most Victorious Predecessors Kings of England returned thither from their Forreign Conquest and both his Majesties Houses of Parliament with all Dutiful and Ioyful Demonstrations of their Allegiance publickly received and cordially congratulated His Majesties most happy Arrival and Investiture in his Royal Throne at his Palace at White-Hall Vpon all which considerations this being the Day which the Lord himself hath made and crowned with so many publick Blessings and signal Deliverances both of his Majesty and his People The intent of keeping the said Day from all their late most deplorable Confusions Divisions Wars Devastations and Oppressions to the end that it may be kept in perpetual Remembrance in all Ages to come and that his Sacred Majesty will with all his Subjects of this Realm and the Dominions thereof and their posterities after them might annually celebrate the perpetual memory thereof by sacrificing their unfeigned hearty publick Thanks thereon to Almighty God with one heart and voice in a most devout and Christian manner for all these publick benefits received and conferred on them upon this most joyful Day Be it therefore Enacted by the Kings most Excellent Majesty the Lords and Commons in this present Parliament assembled and by the Authority of the same That all and singular Ministers of Gods Word and Sacraments in every Church Chappel and other usual place of Divine Service and publick Prayer which now are or hereafter shall be within this Realm of England and the respective Dominions thereof and their Successors shall in all succéeding Ages annually celebrate the Twenty Ninth day of May The 29th of May to be annually celebrated by rendring their hearty publick Praises and Thanksgivings unto Almighty God for all the forementioned Extraordinary Mercies Blessings and Deliverances received and mighty Acts done thereon and Declare the same to all the people there assembled and the Generations yet to come that so they may for ever praise the Lord for the same whose Name alone is Excellent and his Glory above the Earth and Heavens And be it further Enacted All persons to resort to some Church Chappel or publique Place of Thanksgiving the said day That all and every person and persons inhabiting within this Kingdom and the Dominions thereunto belonging shall upon the said day annually resort with diligence and devotion to some usuall Church Chappel or Place where such publick Thanksgivings and Praises to Gods most Divine Majesty shall be rendred and there orderly and devoutly abide during the said publick Thanksgivings Prayers Preaching Singing of Psalmes and other Service of God there to be used and ministred And to the end that all persons may be put in mind of their duty thereon and be the better prepared to discharge the same with that piety and devotion as becomes them Be it further Enacted Notice of this Act to be given the next Lords Day before That every Minister shall give notice to his Parishioners publickly in the Church at morning Prayer the Lords Day next before every such Twenty Ninth day of May for the due observation of the said day And shall then likewise publickly and distinctly read this present Act to the people St. 13 Car. 2. cap. 11. CAP. XV. An Act for the speedy Disbanding of the Army and Garrisons of this Kingdom with Instructions for the same EXP. CAP. XVI Souldiers of the Army Disbanded may Exercise Trades WHereas there are divers Officers and Souldiers now in the Kings Majesties Service Souldiers instrumental in His Majesties Restauration under the Command of his Excellency George Duke of Albemarle Captain General of His Majesties Armies who have béen Instrumental by the Blessing of Almighty God to the Happy Restitution and Restoration of his Sacred Majesty unto His Kingdomes and People and to His Iust Right of Government in the Kingdom of England and the Dominions and Territories thereunto belonging some of which are men that used Trades others that were Apprentices to Trades who had not served out their Times and others who are Apt and Fit for Trades many of which the Wars being now ended would willingly Imploy themselves in those Trades they were formerly accustomed unto or which they are apt and able to follow and make use of for the getting of their Living by their Labour and Industry but are or may be hindred from exercising those Trades in certain Cities Corporations and other places within this Kingdom because of certain by-Lawes and Customs of those places and of a Statute made in the Fifth year of the late Quéen Elizabeth Prohibiting the use of certain Trades by any person that hath not served as an Apprentice to such Trade by the space of seven years Such as were in Service under General Monk 25. April 1660. and instrumental in his Majesties restitution may exercise Trades For remedy whereof And to the end that those persons who were in Actual Service under the Command of the said Captain General on the Five and twentieth day of April in the year of our Lord One thousand six hundred and sixty and were Instrumental to the Happy Restitution of the Kings Majestie unto his Iust Right of Government as aforesaid may not be deprived of a Means of Livelyhood May it please your Majesty that it may be Enacted and be it Enacted by the Kings most Excellent Majesty and the Lords and Commons in this present Parliament assembled and by the Authority thereof That all such Officers and Souldiers who were under the Command of the said Captain General on the Five and twentieth day of April Such as have deserted the Service or refuse the Oath of Allegiance excepted in the said year of our Lord One thousand six hundred and sixty and have not since deserted the Service or refused to take the several Oaths of Supremacy and Allegiance unto the Kings Majesty that now is his Heirs and Successors and that have heretofore used or exercised any Trade though they did not serve out the time of their Apprentiship or any other person imployed as aforesaid under the Command of the said Captain General at the time aforesaid that is apt and able to practise any Trade may set up and exercise such several and respective Trades Mysteries or occupations whereunto he or they have béen bound Apprentice and served any Part of his or their time or any Handicraft or other Trade exercised about Manufactures though he was never bound Apprentice to the same Apprentices to enjoy all Immunities as it they had served their Time in manner following that is to say Such of them as have béen Apprentices as aforesaid may set up and exercise such several and respective Trades whereunto he or they have béen so bound Apprentices as fully as if they had served out their
c. That if any Officer of the Customs shall from and after the said First day of April allow the priviledge of being a Ship or Vessel to England Ireland Wales or Town of Berwick or any of them belonging to any Forreign built Ship or Vessel untill such Certificate be before them produced or such Proof and oath taken before them or if any Officer of the Customs shall allow the priviledge of an English built ship or other Ship to any the aforesaid places belonging to any English or Forrien built Ship coming into any Port and making entry of any Goods untill Examination whether the Master and thrée Fourths of the Mariners be English or shal allow to any Forreign built ship bringing in the Commodities of the Growth of the Country where it was built the priviledge by this Act to such Ship given untill Examination and Proof whether it be a ship of the built of that Country and that the Master and thrée Fourths of the Mariners are of that Country or if any Person who is or shall be made Governor of any Lands Islands Plantations or Territories in Africa Asia or America by his Majesty His Heirs or Successors shall suffer any Forrein built Ship or Vessel to load or unload any Goods or Commodities within the Precincts of their Goverments untill such Certificate be produced before them or such as shall be by them appointed to view the same and Examination whether the Master and thrée Fourths of the Mariners at least be English that for the first offence such Officer of the Customs and Governors shall be put out of their places Offices or Governments Provided alwayes That this Act or any thing therein contained extend not Proviso for goods of the Streights or Levant or be meant to restrain and prohibite the Importation of any the Commodities of the Streights or Levant Seas loaden in English built shipping and wherof the Master and thrée fourths of the Mariners at least are English from the usual Ports or places for lading of them heretofore within the said Streights or Levant Seas though the said Commodities be not of the very growth of the said places Provided also that this Act or any thing therein contained extend not or be meant to restrain the Importing of any East India Commodities loaden in English built shipping and whereof the Master and thrée fourths of the Mariners at least are English from the usual place or places for lading of them in any part of those Seas to the South-Ward and Eastward of Cabo bona speranza although the Ports be not thââbery Places of their growth Provided also That it shall and may be lawful to and for any of the people of England Ireland East India Commodities Proviso for goods imported from Spain Portugal Azores Madera or Canary Islands Wales Islands of Guernsey or Jersey or town of Berwick upon Tweed in Vessels or Ships to them belonging and whereof the Master and thrée fourths of the Mariners at least are English to load and bring in from any of the Ports of Spain or Portugal or Western Islands commonly called Azores or Madera or Canary Islands all sorts of Goods or Commodities of the Growth Production or Manufacture of the Plantation or Dominions of either of them respectively Proviso for Bullion and goods taken by way of Repâisal Provided That this Act or any thing therein contained extend not to Bullion nor yet to any Goods taken or that shall be bona fide taken by way of Reprisal by any Ship or Ships belonging to England Ireland or Wales Islands of Guernsey or Jersey or Town of Berwick upon Tweed and whereof the Master and thrée Fourths of the Mariners at feast are English having Commission from his Majesty his Heirs or Successors Proviso concerning goods of Scotland Provided alwayes That this Act or any thing therein contained shall not extend or be construed to extend to lay Aliens Duties upon any Corn of the growth of Scotland or to any Salt made in Scotland nor to any Fish caught saved and cured by the People of Scotland and Imported directly from Scotland in Scotch built Ships Goods of Russia and whereof the Master and thrée Fourths of the Mariners are of His Maiesties Subiects nor to any Seal Oyl of Russia Imported from thence into England Ireland Wales or Town of Berwick upon Tweed in shipping bona fide to some of the said places belonging and whereof the Master and three Fourths of the Mariners at least are English The duty payable upon goods in French ships Provided also and it is hereby Enacted That every Ship or Vessel belonging to any the Subjects of the French King which from and after the Twentieth day of October in the year of our Lord one thousand six hundred and sixty shall come into any Port Creek Harbor of Road of England Ireland Wales or Town of Berwick upon Tweed and shall there lade or unlade any Goods or Commodities or take in or set on Shore any passengers shall pay to the Collector of His Majesties Customs in such Port Créek Harbor or Road for every Tun of which the said Ship or Vessel is of burthen How long to continue to be computed by such Officer of the Customs as shall be thereunto appointed the sum of five shillings currant money of England And that no such Ship or Vessel be suffered to depart out of such Port Créek Harbor or Road until the said Duty be fully paid And that this Duty shall continue to be Collected Levied and paid for such time as a certain Duty of Fifty Solls per Tun lately imposed by the French King or any part thereof shall continue to be Collected upon the shipping of England lading in France and thrée Moneths after and no longer Sugars tobacco c. of the growth of America Asia or Africa And it is further Enacted by the Authority aforesaid That from and after the First day of April which shall be in the year of our Lord One thousand six hundred sixty one noe Sugars Tobacco Cotton-wooll Indicoes Ginger Fustick or other dying wood of the growth Production or Manufacture of any English Plantations in America Asia or Africa shall be shipped carried conveyed or transported from any the said English Plantations to any Land Island Territory Dominion Port or place whatsoever other then to such other English Plantations as do belong to His Majesty His Heirs and Successors or to the Kingdom of England or Ireland or Principality of Wales or Town of Berwick upon Tweed there to be laid on shore under the penalty of the Forfeiture of the said Goods or the full value thereof as also of the Ship with all her Guns Tackle Apparel Ammunition and Furniture The one Moyety to the Kings Majesty His Heirs and Successors and the other Moyety to him or them that shall seize inform or sue for the same in any Court of Record by Bill Plaint or Information wherein no Essoign
intermedling with any Office or Imployment relating to the Excise until he or they shall before two or more Iustices of Peace in the County where his or their imployments shall be or before one of the Barons of the Exchequer take the Oaths of Allegiance and Supremacy which Oaths they have hereby power to Administer together with this Oath following Mutatis Mutandis The Oath YOU shall swear to execute the Office of _____ truly and faithfully without Favour or Affection and shall from time to time true Accompt make and deliver to such person and persons as His Majesty shall appoint to receive the same and shall take no Fee or Reward for the Execution of the said Office from any other person than from His Maiesty or those whom His Majesty shall appoint in that behalf And be it further Enacted by the Authority aforesaid Certificates at the next quarter sessions London Westminster Southwark Officers to be appointed by his Majesty That every such Iustice of Peace shall certify the taking of such Oath to the next Quarter-Sessions there to be Recorded And it is further Enacted That all parts of the Cities of London and Westminster with the Burrough of Southwark and the several Suburbs thereof and Parishes within the wéekly Bills of Mortality shal be under the immediate care inspection and management of the said Head-Office and such and so many subordinate Commissioners and Sub-Commissioners and other Officers and Ministers for the Execution of the Premisses shall be from time to time nominated and appointed by His Majesty his Heirs and Successors in all and every other the Counties Cities Towns and Places within this Kingdom of England Dominion of Wales and Port of Berwick as from time to time his Majesty his Heirs and Successors shall think fit And it is hereby further Enacted That the said Office of Excise in all places where it shall be appointed The Excise office to be kept open shall be kept open from eight of the Clock in the morning till twelve of the Clock at noon and from two of the Clock in the Afternoon till five of the Clock in the Afternoon for the due execution and performance of all and every the matters and things in this Act appointed and required The monies collected to be paid into the receipt of the Exchequer And it is further hereby Enacted That the said Chief Commissioners of Excise or the major part of them shall from time to time issue forth and pay such sum and sums of money as shall from time to time be received collected or levyed by vertue of this Act into his Majesties Receipt of Exchequer Provided alwayes and be it Enacted Persons sued may plead the general issue That if any person or persons shall at any time be sued or prosecuted for any thing by him or them done or executed in pursuance of this Act he or they shall and may plead the general issue and give this Act in evidence for his defence and if upon the Tryal a Verdict shall pass for the Defendant or Defendants or the Plaintiff or Plaintiffs be Non-suit then such Defendant or Defendants shall have double costs to him or them awarded against such Plaintiff or Plaintiffs Provided also and be it Enacted Writs of Certiorari shal not supersede any proceedings That no Writ or Writs of Certiorari shall supersede Execution or other Procéedings upon any Order or Orders made by the Iustices aforesaid in pursuance of this Act but that Execution and other procéedings shall and may be had and made thereupon any such Writ or Writs or allowance thereof notwithstanding Provided alwayes and be it further Enacted That this Act or any thing therein contained Proviso for Ed. Backwell for payment of 2â4 ââ shall not be prejudicial to Edward Backwell Alderman of London as to the sum of twenty eight thousand four hundred and fifty pounds or any part thereof by him advanced upon the Credit of several Orders of this present Parliament and by them charged on the receipt of the Grand Excise that is to say the sum of Five thousand pounds payable to his Majesties Surveyor-General for the repair of his Majesties houses charged by vertue of an Order of the sixth of September 1660. with Interest for the same the sum of ten thousand pounds advanced to her Highness the Princes Royal being charged with Interest by an Order of the 13th of September 1660. the sum of ten thousand pounds payable to her Majesty the Quéen of Bohemia being charged together with Interest by an Order of the 13th of September 1660. the sum of thrée thousand four hundred and fifty pounds payable for Provisions for Dunkirk by an Order of the 26th of November 1660. which sum of twenty eight thousand four hundred and fifty pounds together with Interest for the same according to the tenor of the said Orders after the rate of six per Cent. shall be paid to the said Edward Backwell or his Assigns out of the Grand Excise and the Arrears thereof in course as is by the said Orders appointed and in case the same shall fall short in payment by the Twenty fifth of December One thousand six hundred and sixty that then the remainder shall continue secured to him out of the whole Excise in course as aforesaid and that no other payments be made out of the Excise but what is appointed by this present Parliament in course to precede the same untill the said debt due to the said Edward Backwell be satisfied and that in case any part of the monies due to Alderman Backwell be paid out of that part of the Excise which shall grow due to the Kings Majesty that then his Majesty shall be reimbursed the same out of the first monies that shall come in of the Arrears of Excise that will be due the said twenty fifth of December Stat 13 Car. 2. cap. 7. CAP. XXIV The Court of Wards and Liveries and Tenures in Capite and by Knights-Service and Purveyance taken away and a Revenue setled upon His Majesty in Lieu thereof VVHereas it hath béen found by former experience That the Court of Wards and Liveries and Tenures by Knights-service either of the King or others or by Knights-service in Capite or Soccage in Capite of the King and the consequents upon the same have béen much more burthensome The reasons of this Act. grievous and prejudicial to the Kingdom then they have béen beneficial to the King and whereas since the intermission of the said Court which hath béen from the Four and twentieth day of February which was in the year of our Lord One thousand six hundred forty and five many Persons have by Will and otherwise made disposal of their Lands held by Knights-service whereupon divers Questions might possibly arise unless some seasonable remedy be taken to prevent the same Be it therefore Enacted by the King our Soveraign Lord with the assent of the Lords and Commons in Parliament
offending till satisfaction be made Power to mitigate the forfeitures Provided nevertheless That it shall and may be lawful to and for the said respective Iustices of Peace Commissioners for Excise or any two of them or their Sub-Commissioners respectively from time to time where they shall sée cause to mitigate compound or lessen such forfeiture penalty or fine as in their discretion they shall think fit And that every such mitigation and payment thereupon accordingly made shall be a sufficient discharge of the said penalties and forfeitures to the persons so offending so as by such mitigation the same be not made less than double the value of the duty of Excise which should or ought to have béen paid besides the reasonable costs and charges of such Officer or Officers or others as were imployed therein to be to them allowed by the said Iustices any thing in this Act to the contrary in any wise notwithstanding How the forfeitures shall be imployed And it is hereby further Enacted and Ordained That all Fines Forfeitures and Penalties mentioned in this Act all necessary charges for the recovery thereof being first deducted shall be imployed thrée fourth parts thereof to and for the use of the Kings Majesty and one fourth part to the Discoverer or Informer of the same And for the better managing collecting securing levying and recovering of all and every the said rates and charges of Excise hereby imposed and set upon all or any of the Commodities before mentioned One principal Office of Excise erected in London to the end the same may be paid and disposed of according to the intent of this present Act Be it further Enacted and Ordained by the authority aforesaid and it is hereby Enacted That one principal Head-Office shall be erected and continued in the City of London or within ten miles thereof from time to time as long as his Majesty shall think fit for this duty unto which all other Offices for the same within England and Wales and the Town and Port of Berwick shall be subordinate and accomptable Which said Office shall be managed by such Officers as shall be appointed by the Kings Majesty as aforesaid who or any two of them are hereby appointed and constituted Commissioners and Governours for the management of His Majesties Receipt of the Excise and to sit in some convenient place in the City of London or within ten miles thereof from time to time as long as his Majesty shall think fit And be it Enacted by the Authority aforesaid That no person or persons shall be capable of intermedling with any Office or Imployment relating to the Excise until he or they shall before two or more Iustices of Peace in the County where his or their imployments shall be or before one of the Barons of the Exchequer take the Oaths of Allegiance and Supremacy which Oaths they have hereby power to Administer together with this Oath following Mutatis Mutandis The Oath YOU shall swear to execute the Office of _____ truly and faithfully without Favour or Affection and shall from time to time true Accompt make and deliver to such person and persons as His Majesty shall appoint to receive the same and shall take no Fee or Reward for the Execution of the said Office from any other person than from His Maiesty or those whom His Majesty shall appoint in that behalf London Westminster c. to be under the management of the chief Office And be it further Enacted by the Authority aforesaid That every such Iustice of Peace shall certify the taking of such Oath to the next Quarter-Sessions there to be Recorded And it is further Enacted That all parts of the Cities of London and Westminster with the Burrough of Southwark and the several Suburbs thereof and Parishes within the wéekly Bills of Mortality shal be under the immediate care inspection and management of the said Head-Office and such and so many subordinate Commissioners All Commissioners c. to be nominated by his Maiesty and Sub-Commissioners and other Officers and Ministers for the Execution of the Premisses shall be from time to time nominated and appointed by His Maiesty his Heirs and Successors in all and every other the Counties Cities Towns and Places within this Kingdom of England Dominion of Wales and Port of Berwick as from time to time his Majesty his Heirs and Successors shall think fit And it is hereby further Enacted That the said Office of Excise in all places where it shall be appointed shall be kept open from eight of the Clock in the morning Times in which the Office shall be kept open till twelve of the Clock at noon and from two of the Clock in the Afternoon till five of the Clock in the Afternoon for the due execution and performance of all and every the matters and things in this Act appointed and required And it is further hereby Enacted That the said Chief Commissioners of Excise or the major part of them shall from time to time issue forth and pay such sum and sums of money as shall from time to time be received collected or levyed by vertue of this Act into his Majesties Receipt of Exchequer The general âââue pleadable in any action upon this Statute Provided alwayes and be it Enacted That if any person or persons shall at any time be sued or prosecuted for any thing by him or them done or executed in pursuance of this Act he or they shall and may plead the general issue and give this Act in evidence for his defence and if upon the Tryal a Verdict shall pass for the Defendant or Defendants or the Plaintiff or Plaintiffs be Non-suit then such Defendant or Defendants shall have double costs to him or them awarded against such Plaintiff or Plaintiffs Writs of Certiorari no supersedeas Provided also and be it Enacted That no Writ or Writs of Certiorari shall supersede Execution or other Procéedings upon any Order or Orders made by the Iustices aforesaid in pursuance of this Act but that Execution and other procéedings shall and may be had and made thereupon any such Writ or Writs or allowance thereof notwithstanding Proviso as to the Act of General pardon Provided That this Act or any thing therein contained shall not extend or be construed to extend in any matter to weaken or invalidate one Act of this present Parliament Entituled An Act of Free and General Pardon Indempnity and Oblivion but that every Clause Article Matter and thing therein mentioned and comprised shall notwithstanding this Act or any matter or thing therein remain good and valid and be of the same force vertue and effect as if this Act had never béen made Provided alwayes and be it further Enacted That this Act or any thing therein contained Proviso concerning Ed. Backwell shall not be prejudicial to Edward Backwell Alderman of London as to the sum of twenty eight thousand four hundred
and fifty pounds or any part thereof by him advanced upon the Credit of several Orders of this present Parliament and by them charged on the receipt of the Grand Excise that is to say the sum of Five thousand pounds payable to his Majesties Surveyor-General for the repair of his Majesties houses charged by vertue of an Order of the sixth of September 1660. with Interest for the same the sum of ten thousand pounds advanced to her Highness the Princes Royal being charged with Interest by an Order of the 13th of September 1660. the sum of ten thousand pounds payable to her Majesty the Quéen of Bohemia being charged together with Interest by an Order of the 13th of September 1660. the sum of thrée thousand four hundred and fifty pounds payable for Provisions for Dunkirk by Order of the 26th of November 1660. which sum of twenty eight thousand four hundred and fifty pounds together with Interest for the same according to the tenor of the said Orders after the rate of six per Cent. shall be paid to the said Edward Backwell or his Assigns out of the Grand Excise and the Arrears thereof in course as is by the said Orders appointed and in case the same shall fall short in payment by the Twenty fifth of December One thousand six hundred and sixty that then the remainder shall continue secured to him out of the whole Excise in course as aforesaid and that no other payments be made out of the Excise but what is appointed by this present Parliament in course to precede the same untill the said debt due to the said Edward Backwell be satisfied and that in case any part of the monies due to Alderman Backwell be paid out of that part of the Excise which shall grow due to the Kings Majesty that then his Majesty shall be reimbursed the same out of the first monies that shall come in of the Arrears of Excise that will be due the said twenty fifth of December Stat. 13 Car. 2. cap. 7. CAP. XXV The Selling of Wines by Retail and for preventing Abuses in the Mingling and Corrupting of Wines and for setting the Prices thereof FOR the better Ordering of Selling of Wines by Retail in Taverns and other places and for the preventing of Abuses therein Be it Enacted by the Kings most Excellent Majesty by and with the consent of the Lords and Commons in Parliament Assembled and by the Authority of the same That no person or persons whatsoever from and after the Five and twentieth day of March one thousand six hundred sixty one unless he or they be authorized and enabled in manner and form as in this present Act is prescribed and appointed shall sell or utter by retail that is by the Pint Quart Pottle or Gallon or by any other greater or lesser retail measure any kind of Wine or Wines to be drunk or spent within his or their Mansion-houses or houses or such other place in his or their tenure or occupation or without such Mansion-house or houses or such other place in his or their tenure or occupation by any colour craft or mean whatsoever The penalty of unlawful uttering wine by retail upon pain to forfeit for every such offence the sum of five pounds the one moyety of every such penalty to be to our Soveraign Lord the King the other moyety to him or them that will sue for the same by Action of Debt Bill Plaint or Information in any of the Kings Courts of Record in which Action or Suit no Essoign Wager of Law or Protection shall be allowed And be it further Enacted by the Authority aforesaid That it shall and may be lawful to and for his Majesty his Heirs and Successors from time to time His Majesty may issue out Commissions to license the uttering wine 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 shall think fit to sell and utter by retail all and every or any kind of Wine or Wines whatsoever 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 and Port of Berwick upon Tweed and such persons as from time to time or at any time hereafter shall be by such Commission or Commissions as aforesaid in that behalf appointed shall have power and authority and hereby have power and authority to treat and contract for License authority and dispensations to be given and granted to any person or persons for the selling and uttering of Wines by retail in any City Town or other place as aforesaid according to the rules and directions of this present Act and the true intent and meaning thereof and not otherwise any Law Statute Vsage or Custome to the contrary in any wise notwithstanding And be it further Enacted by the authority aforesaid His Majesties Agents for granting wine Licenses may grant Licenses not exceeding 21 years if the person so long live Rent reserved but no âine to be taken That such persons as shall be Commissioned and appointed by his Majesty his Heirs or Successors as aforesaid shall be and be called His Majesties Agents for granting Licenses for the selling and uttering of Wine by retail And his Majesties said Agents are hereby authorized and enabled under their Seal of Office the same to be appointed by his Majesty to grant Licence for the selling and uttering of Wines by retail to any person or persons and for any time or term not excéeding 21 years if such person and persons shall so long live and for such yearly rent as they can or shall agrée and think fit so as no Fine be taken for the same But that the rent and sums of money agréed upon and reserved be paid and answered half yearly by equal portions during the whole Term. Licenses only to such as personally use the Trade And be it further Enacted by the Authority aforesaid That such Licence shall not be given or granted but to such who shall personally use the Trade of selling or uttering of Wines by retail or to the Landlord and owner of the house where the person using such Trade shall sell and utter Wine by retail Wine Licenses not assignable The King may appoint Officers as he shall think fit nor shall the same be assignable nor in any wise beneficial or extensive to indemnify any person against the penalties of this present Act except the first taker And be it further Enacted by the Authority aforesaid That it shall and may be lawful to and for his Majesty His Heirs and Successors to constitute and appoint such and so many other Officers and Ministers as a Receiver Register Clerk Controller Messenger
Kingdom of England Dominion of Wales and Town of Berwick upon Tweed by retail for above Eightéen pence the quart And that no Gascoigne or French Wines whatsoever shall be sold by Retail above eight pence the quart And that no Rhenish Wines whatsoever shall be sold by retail above Twelve pence the quart And according to these rates The Penalties for a greater and lesser quantity all and every the said Wines shall and may be sold upon pain and penalty that every such person or persons who shall utter or sell any of the said Wines by retail that is to say by Pint Quart Pottle or Gallon or any other greater or lesser Retail-measure at any rate excéeding the Rates hereby limited do and shall forfeit for every such Pint Quart Pottle Gallon or other greater or lesser quantity so sold by retail the sum of Five pounds the one moyety of which forfeiture shall be to our Soveraign Lord the King His Heirs and Successors and the other moyety to him or them that shall sue for the same to be recovered in manner and form as aforesaid Provided nevertheless The Lord Chancellor c. may set the Prises of Wines yearly or alter the same That it shall and may be lawful to and for the Lord Chancellor of England Lord Treasurer Lord President of the Kings Councel Lord Privy Seal and the two Chief Iustices or Five Four or Thrée of them And they are hereby Authorized yearly and every year betwéen the twentieth of November and the last day of December and no other times to set the Prises of all and every the said Wines to be sold by retail as aforesaid at higher or lower rates then are herein contained so that they or any of them cause the Prises by them set to be written and open Proclamation thereof to be made in the Kings Court of Chancery yearly in the Term time or else in the City Burrough or Towns Corporate where any such Wine shall be sold And that all and every the said Wines shall and may be sold by retail at such prises as by them or any Five Four or thrée of them shall be set as aforesaid from time to time for the space of one whole year to commence from the first day of February next after the setting thereof and no longer and no greater prises under the pains and penalties aforesaid to be recovered as aforesaid and afterwards And in default of such setting of prises by the said Lord Chancellor of England Lord Treasurer Lord President of the Kings Councel Lord Privy Seal and the two Chief Iustices or Five Four or Thrée of them as aforesaid at the respective Rates and Prises set by this Act and under the penalties as aforesaid to be recovered as aforesaid Stat. 13 Car. 2. cap. 7. CAP. XXVI The levying of the Twelve Moneths Assessment commencing the 24th of June 1659. and the six Moneths Assessment commencing the Twenty Fifth of December 1659. EXP. Stat. 13 Car. 2. cap. 7. CAP. XXVII Four hundred and twenty thousand pounds by an Assessment of Threescore and ten Thousand pounds by the Moneth Granted for Six Moneths for Disbanding the Remainder of the Army and paying off the Navy with Rules and Instructions for the same EXP. Stat. 13 Car. 2. cap. 7. CAP. XXVIII Further supplying and explaining certain defects in an Act Intituled An Act for the provision of money for Disbanding and paying off the Forces of this Kingdom both by Land and Sea EXP. Stat. 13 Car. 2. cap. 7. CAP. XXIX Seventy thousand pounds to be raised for the further supply of His Majesty EXP. Stat. 13 Car. 2. cap. 7. CAP. XXX The Attainder of several persons Guilty of the Horrid Murther of His late Sacred Majesty King Charles the First IN all humble manner shew unto Your most Excellent Majesty Your Majesties most dutiful and loyal Subjectts the Lords and Commons in Parliament Assembled That the Horrid and Execrable Murther of Your Majesties Royal Father The horrid murder of King Charles the first how first contrived and plotted our late most Gracious Soveraign Charles the First of ever blessed and glorious memory hath béen committed by a party of wretched men desperately wicked and hardned in their Impiety who having first plotted and contrived the ruine and destruction of this excellent Monarchy and with it of the true Reformed Protestant Religion which had béen so long protected by it and flourished under it found it necessary in order to the carrying on of their pernicious and traiterous designs to throw down all the Bullwarks and Fences of Law and to subvert the very being and constitution of Parliament that so they might at last make their way open for any further attempts upon the Sacred Person of his Maiesty himself And that for the more easy effecting thereof they did first seduce some part of the then Army into a compliance and then kept the rest in subjection to them partly for hopes of preferment and chiefly for fear of losing their imployments and arrears untill by these and other more odious arts and devices they had fully strengthened themselves both in power and faction which being done they did declare against all manner of Treaties with the person of the King even then while a Treaty by advice of both Houses of Parliament was in being Remonstrate against the Houses of Parliament for such procéedings seize upon his Royal person while the Commissioners were returned to the House of Parliament with his Answer and when his Concessions had béen Voted a ground for peace seize upon the House of Commons seclude and imprison some Members force out others and there being left but a small remnant of their own Creatures not a tenth part of the whole did séek to shelter themselves by this weak pretence under the name and Authority of a Parliament and in that name laboured to prosecute what was yet behind and unfinished of their long intended Treason and Conspiracy To this purpose they prepared an Ordinance for erecting a prodigious and unheard of Triennal which they called An High Court of Justice for Tryal of his Majesty and having easily procured it to pass in their House of Commons as it then stood moulded ventured to send it up from thence to the Péers then sitting who totally rejected it whereupon their rage and fury increasing they presume to pass it alone as an Act of the Commons and in the name of the Commons of England and having gained the pretence of Law made by a power of their own making pursue it with all possible force and cruelty until at last upon the thirtieth day of January one thousand six hundred forty and eight His Sacred Majesty was brought unto a Scaffold and there publickly Murthered before the Gates of his own Royal Palace And because by this Horrid action the Protestant Religion hath received the greatest wound and reproach and the people of England the most insupportable shame and infamy that was
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 theiâ 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
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
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. Sâat 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 thâs 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
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 anâ 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
Commission And in regard of the extraordinary duties which the Forces of the said City that now are and formerly were raised in Order to his Majesties happy Restauration have of late and may again be put to for the safety of his Majesties Person and for suppressing or preventing of Insurrections That it shall and may be lawful for his Majesties Lieutenants of the said City by Warrant from his Majesty to impose and levy yearly in the same so much money as they shall find néedful for defraying the Arrears of those first raised for his Majesties happy Restauration and the Arrears and necessary charge of those that now are and shall be raised with the Ammunition and other incident expences of their Militia in such manner as the present Assessment is now levied and not excéeding in any one year the proportion of One moneths Tax which the said City now pays towards the Tax of Seventy thousand pounds by the moneth And shall be accomptable for the same as by this Act is Ordained Any thing in this Act to the contrary of this Proviso in any wise notwithstanding Proviso for the Officers of Militia of cities and towns corporate Provided always That no Officer or Souldier of the Militia or Trained Bands belonging to any City Borough or Town Corporate being a County of it self or to any other Corporation or Port-Town who have used and accustomed to be Mustered only within their own Precincts shall be compellable to appear out of the Precincts or Liberties of the same City Borough Town-Corporate or Port-Town at any Muster or Exercise only and every of the said Cities Boroughs Towns-Corporate and Port-Towns are hereby chargeable to find their usual Number of Souldiers unless the respective Lieutenants find cause to lessen the same Any thing in this Act to the contrary notwithstanding Covenants between Landlords and Tenants for providing Arms not to be avoyded by this Act. Provided That this Act or any thing herein contained shall not extend to avoid any Covenant or Agréement which hath béen or shall be made betwéen any Landlord and Tenant concerning the finding Horses or Arms or the bearing or paying of any Tares Rates or other charges by any Tenant either by general or special Covenants but that the said Taxes Rates or other Charges shall be born and paid by all respective Tenants according to the said Covenants and Agréements Any thing in this Act to the contrary thereof in any wise notwithstanding Isle of Wight Provided That this Act or any thing therein contained shall not extend to make any alteration in the Isle of Wight as to the Militia in that place either to raise Horse or Foot within the said Island in any other manner then hath béen formerly and is now used and practised there Militia of the Tower Dâvision in Middlesex Provided also And be it Enacted That whereas the Militia of the Tower-Division in the County of Middlesex commonly known by the name of the Tower-Hamlets are and alwayes have béen under the Command of his Maiesties Constable or Lieutenant of the Tower for the Service and Preservation of that his Royal Fort That it shall and may be lawful for his Majesties Constable or Lieutenant of the Tower for the time being to continue to levy the Trained Bands of the said Division or Hamlets of the Tower in such manner and form as to the number and quality of persons as was observed in forming the present Forces thereof Any thing in this Act to the contrary notwithstanding Proviso touching compelling men to march out of this Kingdom 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 Peers of the Realm how to be charged Provided always And be it Enacted by the Authority aforesaid That no Péer of this Realm shall be charged with Horse Horse-men and Arms or Foot-souldiers and Arms otherwise or in any other manner then is herein after expressed that is to say that his Majesty his Heirs and Successors shall and may from time to time issue out Commissions under the great Seal of England to so many Péers not fewer then twelve as his Majesty his Heirs and Successors shall think fit who or any five or more of them shall have power from time to time to Assess all and every or any the Péers of this Realm according to the Limitations and Proportions in this Act appointed for the finding of horse Horse-men and Arms or Foot-Souldiers and Arms and for other the purposes in this Act mentioned except the Monethly Taxes which are to be levied as is before prescribed in this Act and shall have power to put in execution all and every the Powers and Authorities of this Act as well for laying Assessments as imposing of penalties Imprisonment of the person of any Péer of this Realm only excepted which Assessment or Charge so made together with such penalties as shall be so imposed imprisonment as aforesaid onely excepted shall be from time to time respectively certified to the respective Lieutenants of each County to the intent that the said Charge may be born and the penalties not before excepted levied according to the intent of this Act And that in case there shall be any default in performance of any thing to be done or paid by any Péer by vertue of this Act that then it shall be lawful for the respective Lieutenants Deputy-Lieutenants or any thrée of them to cause Distresses to be taken for the same in any of the lands of such Defaulter within their said Counties or Limits respectively And in case satisfaction shall not be given within the space of one wéek after such Distress taken then such Distresse to be sold for the performance of the said Service and the charge incident thereunto and the Overplus if any be to be restored to the Owner And if a Tenant of any Péer of this Realm shall be distrained for such default as aforesaid the Tenant so distrained is hereby enabled to deduct the sum levied out of his next Rent CAP. XIV There shall be Uniformity of Publique Prayers and administration of Sacraments other Rites and Ceremonies And of Ordaining and Consecrating Bishops Priests and Deacons in the Church of England VVHereas in the first year of the late Quéen Elizabeth there was one Vniforme Order of Common Service and Prayer and of the Administrations of Sacraments Rites and Ceremonies in the Church of England agréeable to the Word of God and usage of the Primitive Church compiled by the Reverend Bishops and Clergy set forth in one Book entituled The Book of Common Prayer and Administration of Sacraments and other Rites and Ceremonies in the Church of England and enjoyned to be
used by Act of Parliament holden in the said first year of the said late Quéen 2 El. cap. 2. Entituled An Act for the Uniformity of Common Prayer and Service in the Church and Administration of the Sacraments very comfortable to all good people desirous to live in Christian conversation and most profitable to the Estate of this Realm upon the which the Mercy Favour and Blessing of Almighty God is in no wise so readily and plentifully poured as by Common Prayers due using of the Sacraments and often Preaching of the Gospel with Devotion of the Hearers And yet this notwithstanding a great number of people in divers parts of this Realm following their own sensuality and living without knowledg and due fear of God do Wilfully Schismatically abstain and refuse to come to their Parish-Churches and other publick places where Common Prayer Administration of the Sacraments and preaching of the Word of God is used upon the Sundays and other days ordained and appointed to be kept and observed as Holy-days And whereas by the great and scandalous neglect of Ministers in using the said Order or Liturgy so set forth and enjoyned as aforesaid great mischiefs and inconveniences during the times of the late unhappy Troubles have arisen and grown and many people have béen led into Factions and Schisms to the great decay and scandal of the Reformed Religion of the Church of England and to the hazard of many souls For prevention whereof in time to come for setling the Peace of the Church and for allaying the present distempers which the indisposition of the time hath contracted The Kings Declaration and Commission for reviewing the Book of Common Prayer and Alterations to be propounded therein The Kings Majesty according to his Declaration of the Five and twentieth of October One thousand six hundred and sixty granted his Commission under the Great Seal of England to several Bishops and other Divines to review the Book of Common Prayer and to prepare such Alterations and Additions as they thought fit to offer And afterwards the Convocations of both the Provinces of Canterbury and York being by His Majesty called and assembled and now sitting His Majesty hath béen pleased to Authorize and require the Presidents of the said Convocations and other the Bishops and Clergy of the same to re-view the said Book of Common Prayer and the Book of the Form and manner of the Making and Consecrating of Bishops Priests and Deacons And that after mature consideration they should make such Additions and Alterations in the said Books respectively as to them should séem méet and convenient And should exhibit and present the same to his Majesty in writing for his further allowance or confirmation since which time upon full and mature deliberation they the said Presidents Bishops and Clergy of both Provinces have accordingly re-viewed the said Books and have made some Alterations which they think fit to be inserted to the same and some Additional Prayers to the said Book of Common Prayer to be used upon proper and emergent occasions And have exhibited and presented the same unto his Majesty in writing in one Book Entituled The Book of Common Prayer and Administration of the Sacraments and other Rites and Ceremonies of the Church according to the use of the Church of England together with the Psalter or Psalms of David Pointed as they are to be sung or said in Churches and the Form and Manner of Making Ordaining and Consecrating of Bishops Priests and Deacons All which His Majesty having duly considered hath fully approved and allowed the same and recommended to this present Parliament that the said Books of Common Prayer and of the Form of Ordination and Consecration of Bishops Priests and Deacons with the Alterations and Additions which have béen so made and presented to His Majesty by the said Convocations be the Book which shall be appointed to be used by all that Officiate in all Cathedral and Collegiate Churches and Chappels and in all Chappels of Colledges and Halls in both the Vniversities and the Colledges of Eaton and Winchester and in all Parish-Churches and Chappels within the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed and by all that Make or Consecrate Bishops Priests or Deacons in any of the said places under such Sanctions and Penalties as the Houses of Parliament shall think fit Now in regard that nothing conduceth more to the setling of the Peace of this Nation which is desired of all good men nor to the honour of our Religion and the propagation thereof The Peace and Honour of Religion much advanced by Vniform agreement in the Publique Worship of God then an Vniversal argréement in the publique Worship of Almighty God and to the intent that every person within this Realm may certainly know the rule to which he is to conform in Publique Worship and Administrations of Sacraments and other Rites and Ceremonies of the Church of England and the manner how and by whom Bishops Priests and Deacons are and ought to be Made Ordained Consecrated Be it Enacted by the Kings most Excellent Majesty by the Advice and with the Consent of the Lords Spiritual and Temporal and of the Commons in this present Parliament assembled and by the Authority of the same That all and singular Ministers in any Cathedral Collegiate or Parish-Church or Chappel or other place of Publique Worship within this Realm of England Dominion of Wales and Town of Berwick upon Tweed The Book of Common Prayer shall be used shall be bound to say and use the Morning Prayer Evening Prayer Celebration and Administration of both the Sacraments and all other the Publique and Common Prayer in such order and form as is mentioned in the said Book annexed and ioyned to this present Act and Entituled The Book of Common Prayer and Administration of the Sacraments and other Rites and Ceremonies of the Church according to the use of the Church of England together with the Psalter or Psalms of David Pointed as they are to be sung or said in Churches and the form or manner of Making Ordaining and Consecrating of Bishops Priests and Deacons And that the Morning and Evening Prayers therein contained shall upon every Lords Day and upon all other dayes and occasions and at the times therein appointed be openly and solemnly Read by all and every Minister or Curate in every Church Chappel or other place of publique Worship within this Realm of England All Parsons Vicars and Ministers to read and declare their assent to use the same and places aforesaid And to the end that Vniformity in the publique Worship of God which is so much desired may be spéedily effected Be it further Enacted by the Authority aforesaid That every Parson Vicar or other Minister whatsoever who now hath and enjoyeth any Ecclesiastical Benefite or Promotion within this Realm of England or places aforesaid shall in the Church Chappel or place of publique
in Church or State And that the same was in it self an unlawful Oath and Imposed upon the Subjects of this Realm against the known Laws and Liberties of this Kingdome Which said Declaration and Acknowledgment shall be Subscribed by every of the said Masters and other Heads Fellows Chaplains and Tutors of or in any Colledge Hall or House of Learning and by every publick Professor and Reader in either of the Vniversities before the Vice-Chancellor of the respective Vniversities for the time being or his Deputy And the said Declaration or Acknowledgment shall be Subscribed before the respective Archbishop Bishop or Ordinary of the Diocess by every other person hereby enjoyned the same The penalty for not subscribing upon pain that all and every of the persons aforesaid failing in such Subscription shall lose and forfeit such respective Deanry Canonry Prebend Mastership Headship Fellowship Professors place Readers place Parsonage Vicarage Ecclesiastical Dignity or Promotion Curates place Lecture and School and shall be utterly disabled and ipso facto deprived of the same And that every such respective Deanry Canonry Prebend Mastership Headship Fellowship Professors place Readers place Parsonage Vicarage Ecclesiastical Dignity or Promotion Curates place Lecture and School shall be void as if such person so failing were naturally dead And if any School-master or other person Instructing School-Masters in private houses or Teaching Youth in any private House or Family as a Tutor or School-Master shall Instruct or Teach any Youth as a Tutor or School-Master before Licence obtained from his respective Archbishop Bishop or Ordinary of the Diocess according to the Lawes and Statutes of this Realm for which he shall pay twelve-pence only and before such Subscription and Acknowledgment made as aforesaid Then every such School-master and other Instructing and Teaching as aforesaid shall for the first offence suffer thrée months Imprisonment without bail or mainprize and for every second and other such offence shall suffer thrée months Imprisonment without bail or mainprize and also forfeit to his Majesty the sum of Five pounds And after such Subscription made every such Parson Vicar Curate and Lecturer shall procure a Certificate under the Hand and Seal of the respective Archbishop Bishop or Ordinary of the Diocess who are hereby enjoyned and required upon demand to make and deliver the same and shall publickly and openly Read the same together with the Declaration or Acknowledgment aforesaid upon some Lords Day within thrée months then next following in his Parish Church where he is to officiate in the presence of the Congregation there assembled in the time of Divine Service upon pain that every person failing therein shall lose such Parsonage Vicarage or Benefice Curates place or Lecturers place respectively and shall be utterly disabled and ipso facto deprived of the same And that the said Parsonage Vicarage or Benefice Curates place or Lecturers place shall be void as if he was naturally dead Provided alwayes That from and after the Twenty fifth day of March What to be omitted in the Declaration after the 25. March 1682. which shall be in the year of our Lord God One thousand six hundred eighty two there shall be omitted in the said Declaration or Acknowledgment so to be Subscribed and Read these words following Scilicet ANd I do declare That I do hold there lies no Obligation on me or on any other person from the Oath commonly called the Solemn League and Covenant to endeavour any change or alteration of Government either in Church or State and that the same was in it self an unlawful Oath and imposed upon the Subjects of this Realm against the know Laws and Liberties of this Kingdom So as none of the persons aforesaid shall from thenceforth be at all obliged to Subscribe or Read that part of the said Declaration or Acknowledgment Provided alwayes and be it Enacted That from and after the Feast of St. Bartholomew Persons not Ordained Priests or Deacons according to Episcopal Ordination shall not hold any Ecclesiastical Promotion which shall be in the year of our Lord One thousand six hundred sixty and two no person who now is Incumbent and in possession of any Parsonage Vicarage or Benefice and who is not already in Holy Orders by Episcopal Ordination or shall not before the said Feast-day of St. Bartholomew be Ordained Priest or Deacon according to the form of Episcopal Ordination shall have hold or enjoy the said Parsonage Vicarage Benefice with Cure or other Ecclesiastical Promotion within this Kingdom of England or the Dominion of Wales or Town of Berwick upon Tweed But shall be utterly disabled and ipso facto deprived of the same And all his Ecclesiastical Promotions shall be void as if he was naturally dead Nor shall consecrate or administer the Holy Sacrament if not Ordained according to the Book of Common Prayer And be it further Enacted by the Authority aforesaid That no person whatsoever shall thenceforth be capable to be admitted to any Parsonage Vicarage Benefice or other Ecclesiastical Promotion or Dignity whatsoever nor shall presume to Consecrate and Administer the holy Sacrament of the Lords Supper before such time as he shall be Ordained Priest according to the form and manner in and by the said Book prescribed unless he have formerly béen made Priest by Episcopal Ordination upon pain to forfeit for every offence the sum of One hundred pounds The Penalty One moyety thereof to the Kings Majestie the other moyety thereof to be equally divided betwéen the poor of the Parish where the offence shall be committed and such person or persons as shall sue for the same by Action of Debt Bill Plaint or Information in any of His Majesties Courts of Record wherein no Essoign Protection or Wager of Law shall be allowed And to be disabled from taking or being admitted into the Order of Priest by the space of one whole year then next following Provided That the penalties in this Act shall not extend to the Forreiners or Aliens of the Forrein Reformed Churches allowed or to be allowed by the Kings Majesty his Heirs and Successors in England Provided alwayes That no title to confer or present by lapse shall accrue by any avoidance or deprivation ipso facto by vertue of this Statute but after six months after notice of such voidance or deprivation given by the Ordinary to the Patron or such sentence of deprivation openly and publickly Read in the Parish Church of the Benefice Parsonage or Vicarage becoming void or whereof the Incumbent shall be deprived by vertue of this Act. No other form of Common Prayer to be openly used in any Church or publique place And be it further Enacted by the Authority aforesaid That no Form or Order of Common Prayers Administration of Sacraments Rites or Ceremonies shall be openly used in any Church Chappel or other publick place of or in any Colledg or Hall in either of the Vniversities the Colledges of
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 soevââ 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 Carliâe 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
Rivers Streams Channels and Sands some places then appointed are become unfit and useless others much more convenient and commodious as well for Traffique and Commerce as for Landing and Discharging Lading and Shipping of Goods Wares and Merchandize It is Enacted and Ordained and be it Enacted and Ordained by the Authority aforesaid That the Kings Majesty may from time to time by his Highness Commission or Commissions out of his Court of Exchequer assign and appoint all such further Places Ports Members and Créeks except the Town of Hull as shall be lawful for the landing and discharging lading or shipping of any Goods Wares or Merchandize within the Kingdom of England Dominion of Wales or Port or Town of Berwick upon Tweed and to what ancient and head-Ports respectively such Places Members or Creeks shall belong and appertain And where any such Member Créek or Place shall be so as aforesaid appointed by vertue of the said Commission or Commissions the Customer Collector Comptroller and Searcher of the head-Port shall by themselves or their sufficient Deputy or Deputies servant or servants reside and inhabit for the entring clearing and passing shipping and discharging of Ships Goods and Merchandize And by vertue of the aforesaid Commission or Commissions may likewise set down and appoint the extents bounds and limits of every Port Haven or Créek within his Majesties Kingdom of England Dominion of Wales and Town and Port of Berwick whereby the extents limits and priviledges of every Port Haven and Créek may be ascertained and known And it shall not be lawful for any Person or Persons whatsoever to lade or put or cause to be laden or put off or from any Key Wharf or other place on the Land into any Ship Vessel Lighter Boat or Bottom any Goods Wares or Merchandize whatsoever Fish taken by his Majesties Subjects Sea-coal Stone and Bestials only excepted to be Transported into any place of the parts beyond the Seas or carried by land into the Realm of Scotland or to take up discharge or lay on land or cause or procure to be taken up discharged and laid on land out of any Boat Lighter Ship Vessel or Bottom being not in Leak or Wreck any Goods Wares or Merchandize whatsoever Fish taken by his Majesties Subjests Bestials and Salt only excepted to be brought from any of the parts beyond the Seas or by land from the Realm of Scotland by way of Merchandize but only upon such open Place Key or Wharf Places Keys or Wharfs as his Majesty shall from time to time assign and appoint by vertue of such Commission and Commissions as aforesaid in his Majesties Port of London and the Members and Liberties thereof in any other Port Place Member or Créek within his Majesties Kingdom of England Dominion of Wales and Town and Port of Berwick without special sufferance and leave first had from the Commissioners and Officers of his Majesties Customs upon the penalty of the forfeiture of all such Goods Wares and Merchandize For avoiding Practises between Owners of goods and Informers to avoid payment of customs None to seize any goods but officers of the customs And forasmuch as it doth appear by daily experience That there are great Practises and Combinations betwéen the Importers and Owners of Goods and Merchandizes and the Seizers and Informers with design and intent to defraud the force of the Law and his Majesty of his Duties and Customs Be it Enacted by the Authority aforesaid That no Ship or Ships Goods Wares or Merchandize shall be seized as forfeited for or by reason of unlawful Importation or Exportation into or out of this Kingdom of England Dominion of Wales or Port and Town of Berwick or any the Ports members or Créeks thereunto belonging or for not payment of any Customs or Subsidies now due or hereafter to be due and payable to his Majesty but by the person or persons who are or shall be appointed by his Majesty to manage his Customs or Officers of his Majesties Customs for the time being or such other person or persons as shall be deputed and authorized thereunto by Warrant from the Lord-Treasurer or Vnder-Treasurer or by special Commission from his Majesty under the Great or Privy-Seal And if any Seizure shall hereafter be made by any other Person or Persons whatsoever for any the Causes aforesaid such seizure shall be void and of none effect any Statute Law Act or Provision to the contrary in any wise notwithstanding In any suit against persons imployed about the customs the Defendant may plead the general issue 12 Car. 2. cap. 18. And be it further Enacted by the Authority aforesaid That in every Action Suit Indictment Information or Prosecution wherein or whereby the person or persons which are or shall be appointed by his Majesty for managing his Customs or the Officers of his Majesties Customs or any Officer or Officers Person or Persons authorized by his Majesty to put in execution the Act of Parliament For encreasing and encouraging of Navigation their Deputies or Servants or any others acting in aid of them have béen are or shall be sued indicted prosecuted or molested it shall be lawful for all and every the said Persons their Heirs Executors and Administrators to plead the general Issue And to give this for other acts relating to customs or Navigation in evidence and to give this or the aforesaid Acts of Parliament relating to the Customs and Navigation in evidence in any of his Majesties Courts of Iustice or other Courts where the said matter shall be depending And the Iudges of the said Courts are hereby strictly enjoyned and required to admit the same and to acquit and indemnifie them and every of them of and from all such Suits Indictments Informations or Prosecutions for or concerning any matter or thing acted or done in the due and necessary performance and execution of their respective Trusts and Imployments therein Be it hereby also Enacted for avoiding of fraudulent Compositions That if any Seizer For avoyding fraudulent compositions by Informers Informer or Officer as aforesaid shall not prosecute to effect for the bringing to Tryal and Condemnation the Ships Goods and Merchandize by them Seized or Informed against That then and in every such case it shall be lawful to or for any of the person or persons which are or shall be appointed by his Majesty for managing his Customs or the Officers of the Customs or other person or persons deputed by them or thereunto Authorized by the Lord-Treasurer or Vnder-Treasurer to make seizure of or inform against such Goods and Merchandize or bring his Action for the same by way of Devenerunt and that they shall be estéemed and adjudged in Law as the true first Informers and Seizers and have the benefit of such Informers or Seizers Any Law Statute Act or Vsage to the contrary in any wise notwithstanding And that no Informer or Officer be suffered to compound under one Third of the
appraised value upon loss of his Office Be it further Enacted by the Authority aforesaid No person employed about managing the customs may take any bride or reward to connive at any Entry That if any of the Kings Majesties Officers or other persons appointed to manage His Majesties Customs Searchers Waiters or other person or persons whatsoever deputed and appointed by and under them or any of them or any other Authority whatsoever and imployed in or about the Affairs of the Kings Customs and Subsidies shall directly or indirectly take or receive any bribe recompence or reward in any kind whatsoever or connive at any false Entry of any Goods or Merchandizes whereby the Kings Majesty His Heirs or Successors shall be defrauded or hindred in or of His Customs and Subsidies or other Sums of money or Goods prohibited by the Law to be Imported or Exported into or out of the Kingdom of England Dominion of Wales Town and Port of Berwick be suffered to pass either by way of Importation or Exportation the person or persons therein offending shall forfeit the sum of One hundred pounds The Penalty and be for ever afterwards incapable of any Office or Imployment under the Kings Majesty His Heirs or Successors or any Authority derived from them as also the Merchant Mariner or other person or persons whatsoever who shall give or pay any such Bribe Recompence or Reward as aforesaid shall forfeit the sum of Fifty pounds Provided nevertheless that if any person or persons offending as aforesaid Persons revealing their own offences within two months to be acquitted shall reveal and make known such his or their Offence in Two moneths time to the Treasurer of England the Chancellor Vnder-Treasurer or Barons of the Exchequer he shall for that Offence be clearly acquitted and discharged And be it further Enacted Forreign goods where to be landed and how weighed and numbred That all forreign Goods and Merchandize which by the person or persons which are or shall be appointed by his Majesty for the managing of the Customs and the Customer Collector and Comptroller shall be permitted to be landed and taken up by Bills at sight Bills at view or sufferance shall be landed at the most convenient Keys or Wharfs where the said person or persons so to be appointed Customer or Collector or Comptroller shall appoint and not elsewhere and there or in his Majesties Store-house of the respective Ports at the Election of the said person or persons so to be appointed and Officers shall be measured weighed and numbred by and in the presence of the Officers to be thereunto particularly appointed which said Officers so appointed shall perfect the Entry and thereunto shall subscribe their Names and the next day following shall give Accompt and make report of every respective Entry so perfected as aforesaid to the said person or persons which are or shall be appointed to manage his Majesties Customs Customer or Collector and Comptroller aforesaid without reasonable cause to be allowed by the said person or persons or Officers aforesaid or in default thereof shall forfeit the sum of One hundred pounds Be it also Enacted That no Ship Vessel or Boat Vessels appointed for carrying Letters may not import nor export Merchandise appointed and imployed ordinarily for the Carriage of Letters and Pacquets shall unless it be in such Cases as shall be allowed by the said person or persons which are or shall be appointed to manage his Majesties Customs or Officers aforesaid Import or Export any Goods or Merchandize into or out of the parts beyond the Seas upon the Penalty of the forfeiture of One hundred pounds to be paid by the Master of the said Vessel or Boat with the loss of his place and all Goods and Merchandize that shall be found on Board any such Ship Vessel or Boat shall be forfeited and lost And whereas some Doubts and Disputes have arisen concerning the said late Act For encresing and encouraging of Shipping and Navigation An Explanation of 12 Car. 2. cap. 18. of goods prohibited to be brought from Holland about some of the Goods therein prohibited to be brought from Holland and the Parts and Ports thereabouts Be it Enacted and Declared That no sort of Wines other then Rhenish no sort of Spicery Grocery Tobacco Pot-ashes Pitch Tarr Salt Rozen Deal-Boards Firr Timber or Olive-Oyl shall be imported into England Wales or Berwick from the Netherlands or Germany upon any pretence whatsoever in any sort of Ships or Vessels whatsoever upon penalty of the loss of all the said Goods as also of the Ships and furniture And whereas also by the said Acts For incouraging and increasing of Shipping and Navigation 12 Car. 2. c. 18. Imposition of 5 s. per Tun upon French Vessels an Imposition of Five shillings per Tun is laid upon all Ships or Vessels belonging to any Subjects of the French King which shall come into any Port Harbour Créek or Road of England Ireland Wales or Town of Berwick upon Tweed and shall there lade or unlade any Goods or take in or set on shore any Passengers Yet notwithstanding there is great difficulty in recovering the said Duty because small Shallops come not into Harbours where Officers are but either put their Goods and Passengers on shore or Boats come out of Harbours which privately convey them on shore there being no penalty in the Act against such Offenders Be it therefore Enacted How to be recovered and the penalty That any such Ship or Vessel upon which the above-said Imposition of Five shillings per Tun is due and payable which shall either put on shore or put over into any Boat any Goods or Passengers without payment of Custom and Imposition of Tunnage at any time returning into any Harbour Port or Creek of England or Ireland shall not only pay the Duties formerly due but forfeit the sum of Ten pounds And whatsoever Pilot Water-man or Boat-man which shall from any Harbour Port or Créek go out and bring any Goods from on board such Vessel shall not only be liable to pay the Duty of Tunnage which the said Vessel should have paid but forfeit the sum of Forty pounds Be it also hereby Enacted That Vinegar Perry Rape Cider and Cider-eager of any sort or kind whatsoever Tunnage upon V negar Perry Rape Cyder and Cyder eager Imported from and after the four and twentieth day of June One thousand six hundred sixty and two from Forreign Parts is hereby Rated to pay to the Kings Majesty a Subsidy of Tunnage of Four pounds Ten shillings per Tun Imported by English and Six pounds Imported by Stangers according to the Rate already imposed and set upon French Wines 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 the same are by vertue of this Act exonerated and discharged of all further and other Sums heretofore set or
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
or other the Kings Officers thereof shall before the First day of June next take their respective Corporal Oath and Oaths for the true and faithful execution and discharge to the best of their knowledge and power of their several Trusts and Imployments committed to their charge and inspection And that no person or persons shall hereafter be imployed or put in trust in the business of the Customs untill he shall first have taken his Oath as aforesaid And the Commissioners and principal Officers in the Port of London and the principal Officers in all other the out-ports or any two of them are hereby authorized to administer and give to all and every person or persons such Oath and Oaths as aforesaid and to cause the same to be Entred and Registred in the Custom-house of every respective Port where the person so taking the Oath as aforesaid shall have his residence and imployment Provided also and be it Enacted by the Authority aforesaid Persons imployed about the Customs shall demand nor take any more then the fees due by Law That if any person imployed in his Majesties Customs shall demand or take any other or greater sum of money then by Law is now due or hereafter shall become due or shall put any Merchant or other person out of his turn without express order before or immediate approbation after from the person or persons who are or shall be appointed by his Majesty to manage his Customs or the superior Officers for the Customs or shall illegally detain the goods of any person or shall neglect or refuse to make re-payments and allowances which are or shall be due since the Four and twentieth day of June One thousand six hundred and sixty or shall not after notice given give out and execute his Warrant shall be lyable to double Costs and Damages And for the better increase of good and serviceable shipping Of what sise and burden Merchants Ships shall be and what men and ammunition they shall carry and securing the publick Trade and Commerce Be it Enacted by the Authority aforesaid That all and every Merchant or other person that shall after the Nine and twentieth day of September One thousand six hundred sixty and two Export any Goods or Merchandizes from any Port of this Kingdom capable of a Ship or Vessel of two hundred Tun upon an ordinary full Sea to any part or place of the Mediterranean Sea beyond the port of Malaga or Import any Goods or Merchandize from the ports or places aforesaid to any port of this said Kingdom in any Ship or Vessel that hath not two Decks and doth carry less then sixtéen pieces of Ordnances mounted together with two men for each Gun and other Ammunition proportionable shall pay to our Sovereign Lord the King for all and every the Wares and Merchandizes so Exported or imported One per centum over and above the Rates and Duties of Subsidy of Tonnage and Poundage otherwise due and payable for the same Any thing in this Act before contained to the contrary notwithstanding Provided always Proviso for Ships exporting Fish that it shall and may be lawful to export from any of his Majesties Dominions Fish into any of the Ports of the Mediterranean Sea aforesaid in any English Ship or Vessel whatsoever Provided that one moyety of her full lading be Fish only and in such case to Import any Wares or Merchandize in the same Ship for that Voyage without paying any other Rates or Duties of Tonnage or Poundage for the same then were heretofore accustomed And for the better encouragement of building good and Defensible Ships Be it Enacted Encouragemenâ for Building good and defensible Ships That all and every person or persons that shall within the space of Seven years from and after the Five and twentieth day of March One thousand six hundred sixty two build or cause to be built within any of his Majesties Dominions any Ship or Vessel of Thrée Decks or Two Decks and a half with a Fore-Castle and Five foot betwéen each Deck mounted with thirty pieces of Ordnance at least and other Ammunition proportionable shall for the first two Voyages which the said Ship or Ships make from his Majesties Dominions to any forreign parts have and receive to his and their own proper use and benefit one Tenth part of the Customs that shall be paid to His Majesty for all such Goods or Merchandizes as shall be Exported or Imported on the said Ship or Ships to and from this Kingdome And the Commissioners and Officers of His Majesties Customs are hereby impowered and required to pay the same to the Owner or Owners of the said Ship or Ships accordingly Salt brought out of Scotland to pay ob a Gallon Provided alwayes and be it hereby Declared and Enacted That from and after the Four and twentieth day of June One thousand six hundred sixty two All Salt which shall be brought out of the Kingdom of Scotland into this Kingdom the Dominion of Wales or Town of Berwick upon Tweed shall yield and pay and is hereby made chargeable to yield and pay unto the Kings Majesty One half penny upon every Gallon of such imported Salt of Winchester measure at the landing thereof Any thing in this present Act or any former or other Law Statute or Order to the contrary thereof in any wise notwithstanding CAP. XII For the better Relief of the Poor of this Kingdom The occasion of increase of Poor WHereas the necessity number and continual increase of the Poor not only within the Cities of London and Westminster with the Liberties of each of them but also through the whole Kingdome of England and Dominion of Wales is very great and excéeding burthensome being occasioned by reason of some defects in the Law concerning the setling of the Poor and for want of a due provision of the regulations of relief and imployment in such parishes or places where they are legally setled which doth enforce many to turn incorrigible Rogues and others to perish for want together with the neglect of the faithfull execution of such Laws and Statutes as have formerly béen made for the apprehending of Rogues and Vagabonds and for the good of the Poor For remedy whereof and for the preventing the perishing of any the Poor whether young or old for want of such supplies as are necessary May it please your most Excellent Majesty that it may be Enacted and be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal Poor people going from one Parish to another and the Commons in this present Parliament Assembled and by the Authority of the same That whereas by reason of some defects in the Law poor people are not restrained from going from one Parish to another and therefore do endeavour to settle themselves in those Parishes where there is the best Stock the largest Commons or Wastes to
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. â9 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
to spare any person from making such carriage by Land or by Water or shall injuriously charge or grieve any person or persons through envy hatred or evil will who ought not to make such carriage or shall impress more carriages then the necessity of the service shall require or then he shall be commanded to impress by his Superiours That then upon due proof and conviction thereof the party so offending shall forfeit the sum of Ten pounds to the party thereby grieved The penalty and how to be recovered who may sue for the same to be recovered by Action of Debt in any of his Majesties Courts of Record wherein no Essoign Protection or Wager of Law shall be allowed And in case any person or persons shall presume to take upon him or them to impress any Horses None may impress other then persons impowered as aforesaid The penalty Oxen Wayns or Carriages for Land or any Ships Hoys Lighters Boats or other Vessel for the service of his Majesties Navy or Ordnance other then the Persons so impowered as aforesaid then he or they so offending shall upon due conviction of the said offence incur and suffer the punishment in the first recited Act. Ships and vessels fraighted by charter-party exempted Provided always and be it Enacted That no Ship Hoy Barque or any other Vessel whatsoever that shall be really and bona fide fraighted by Charter-Party if there be other Vessels in the Port fitting for the Service nor any Vessel quarter laden with any Goods Wares or Merchandises outward bound shall be lyable to be Impressed for any the Services aforesaid Any thing in this Act to the contrary notwithstanding The continuance of this Act. Provided That this Act and the Powers therein contained shall continue and be in force untill the end of the first Session of the next Parliament and no longer Any thing herein contained to the contrary in any wise notwithstanding Inhabitants of the new Forest of Southampton Provided nevertheless That in regard of the more then ordinary charge and burden which the Inhabitants of New-Forest in the County of Southampton will be liable unto by reason of the great quantities of Timber usually felled and carried thence for the use of His Majesties Navy It shall and may be lawful for the Iustices of the Peace who shall by Warrant summon the Carts and Carriages within the Division of the New-Forest in the County of Southampton aforesaid to have power as to the Carriage of Timber onely to allow as aforesaid to the several Owners of such Carts and Carriages not excéeding Four pence per mile for so many miles as any Cart or Carriage so summoned shall go empty to the place of its lading Any thing in this Act contained to the contrary in any wise notwithstanding CAP. XXI For preventing the unnecessary Charge of Sheriffs and for ease in passing their Accompts WHereas the Office of Sheriff as well by reason of the great and unnecessary Charges in the time of Assises and other publick méetings as by the tedious attendance and charge of Sheriffs in passing of their Accompts in the Exchequer hath of late years béen very burthensome to the Gentry of this Your Realm who in the late times of Tyranny and Oppression have béen great Sufferers and thereby much Impoverished in their Estates and Fortunes for remedy wherein Your Majesties most Loyal Subjects the Knights Citizens and Burgesses assembled in Parliament do most humbly beseech Your most Excellent Majesty that it may be Declared and Enacted And be it Declared and Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spirituall and Temporall and the Commons in this present Parliament assembled and by the Authority of the same That no Person or Persons being duly sworn into the Office of Sheriff for any County or Shire within this Your Majesties Realm shall from and after the First day of February next ensuing Sheriffs at the Assises may keep no tables for others then of their own Family and Retinue Nor make no present or gift to any Iudge of Assise The number of Servants with Liveries in England Wales Penalty of 200 l. in the time of the Assises held for the said County or Shire during his or their Sherifalty kéep or maintain or cause to be kept or maintained one or more Table or Tables for Receipt or entertainment of any person or persons resorting to the said Assises other then those that shall be of his own Family or Retinue nor shall make or send in any Present to any Iudge or Iudges of Assise for his or their provision nor give any gratuity to his or their Officers or Servants or any of them And also that no Sheriff shall after the said first day of February have more then Forty Men-servants with Liveries attending upon him in the time of the said Assises nor under the number of Twenty Men-servants in any County whatsoever within the Kingdom of England nor under the number of Twelve Men-servants in any County within the Dominion of Wales upon pain that every Sheriff offending in any of the premisses contrary to the true meaning hereof shall forfeit for every default the sum of two hundred pounds Provided that nothing before in this Act contained shall in any wise extend unto Proviso for Sheriffs of London Middlesex Westmerland and Cities Counties or any ways concern the Sheriffs of the City of London and Middlesex and the Sheriff of Westmerland or either of them or any of the Sheriffs of or belonging to any City and County or Town and County within this Realm but that the same Sheriff or Sheriffs shall or may do as heretofore hath béen used or accustomed within the said County of Middlesex and Cities of London and Westminster and such other Cities and Counties or Towns and Counties aforesaid Any thing herein before contained to the contrary in any wise notwithstanding How Sheriffs shall be eased in passing their accompts in the Exchequer And to the end that Sheriffs may for the time future be eased of the great charge and trouble which they heretofore have béen put to in passing their Accounts in the Exchequer occasioned partly in regard that divers sums of money have stood charged upon them in gross without expressing from what persons for what cause or out of what Lands or Tenements the same are to be particularly levied or out of what particulars the said sums in gross do arise whereby it cometh to pass that the said Sheriffs do still stand charged in gross with divers sums of money which were heretofore payable by Abbots Priors persons attainted and such other persons whose Estates have since come to the Crown or are otherwise discharged or illeviable and partly by the Accompt of Seizures or Foreign Accompt and by the exaction of undue Fées of Sheriffs upon their apposal concerning the same For the preventing whereof and for the future
ease of Sheriffs in passing their Accompts Seizures of Lands remaining charged Michaelmas 1660. Be it Enacted and Declared That from henceforth every Seizure for or concerning any Lands Tenements and Hereditaments now remaining charged in the Foreign accompt of any Sheriff or Sheriffs within the Kingdom of England for the year ended at Michaelmas One thousand six hundred and sixty shall be from the said Foreign accompt charged particularly in the great Roll of the Exchequer And that the several Remembrancers of the said Court or their respective Deputies do in their respective Officers forthwith Seizures hereafter taken or returned and so from time to time for the future write and make true and perfect Copies of all and every such other Seizure and Inquisition as already are or hereafter shall be certified into their respective Offices without certifying the Copy of the Writ or Commission at large upon which such Seizure or Inquisition is or shall be so taken or returned mentioning only in brief the Date of the said Writ or Commission and shall deliver the said Copies well and truly examined and attested under his or their Hands to the Engrosser of the said great Roll And that all such of the said Seizures and Inquisitions as now are returned into any of their respective Offices shall be delivered before the first day of February next coming And that all such other seizures as shall hereafter be returned or certified into their respective Offices shall be delivered so examined and attested as aforesaid to the said Engrosser before the first day of the next Term after the said Remembrancers shall have received the same so as the same may be charged in the great Roll To the end that the Processe of the Court may from thence issue for levying the Issues and Profits thereof to the use of the Crown unto which said Remembrancers or their Deputies shall be from time to time paid for every Sheet which they or their respective Clerks shall so write and deliver the sum of eight pence Fees to the Remembrancers the same to be paid unto them by the aforesaid respective Sheriffs who shall be allowed the same by the Barons upon their respective Accompts out of the Issues and Profits arising out of the Premisses so seized and no Sheriff or Sheriffs for this persent year One thousand six hundred sixty and one Sheriffs shall not answer illeviable seizures Farm Rents c. nor any Sheriff or Sheriffs to be hereafter made or appointed within this Kingdom of England shall be charged in accompt to answer any illeviable Seizure Farm Rent or Debt or other Seizure Farm Rent Debt matter or thing whatsoever which was not writ in Processe to him or them to be levied wherein the persons of whom or the Lands or Tenements out of which together with the cause for which the same shall be so levied shall be plainly and particularly expressed but shall be thereof wholly discharged without Petition Plea or other trouble or charge whatsoever And it is hereby further Enacted and Declared Seizures before 1 Jac. and divers others to be left out of the Sheriffs accompt That all Seizures heretofore made before the first Year of the Reign of the late King James of ever blessed memory now remaining in the Accompts of the Sheriffs and all Seizures and Debts which are pardoned shall be and are hereby fully discharged And that the same and every of them shall hereafter be left out of Sheriffs accompts without further Order Plea Petition or other Charge to any Sheriff or Sheriffs whatsoever And that no Processe shall from henceforth be written forth to any Sheriff for the levying of the same or any of them nor for any other Rent or Farm which cannot be explained by setting forth the particulars thereof or which have been unanswered by the space of forty years last past And that all other dead Farms and Seizures and all desperate illeviable and unintelligible Debts shall be removed out of the Annual Roll and Sheriffs Charge into the Exannual Roll there to remain untill by Commission they shall be revived and made answerable Process for Debts to be sent forth in convenient time And to the end that all new Debts arising and coming into the Exchequer for the future may be sent forth in Processe within convenient time Be it also Enacted and Declared That the aforesaid several Remembrancers do forthwith inrol and certify to the said Ingrosser of the great Roll all such Debts as any Sheriff or Sheriffs of this Realm are or hereafter shall be charged withall either by vertue of their respective Retorns made to the Barons of the said Exchequer upon his Majesties Writs of Fieri facias Levari facias Capias or other Processe and also of all Fines and Amerciaments which are or shall be set and imposed by the Court of Exchequer upon any Sheriff or Sheriffs for his or their contempts or neglects that is to say That all and every such Debts Fines and Amerciaments as now are returned set or imposed in any of the said Offices shall be delivered as aforesaid before the First day of February next ensuing And all such Debts Fines and Amerciaments as shall hereafter be returned set or imposed in any of the respective Offices shall be also delivered by the First day of the next Term after such Retorns made The penalty upon officers for doing any thing against this Act. or such Fines or Amerciaments so set or imposed that so they may be all charged in the Sheriffs Accompts respectively and comprehended within his or their Quietus est upon pain that every Officer or Officers in the said Exchequer who shall in any thing offend contrary to this present Act shall forfeit the sum of Forty pounds for every such offence whereof one moyety shall be to the King his Heirs and Successors and the other moyety to the party or parties who shall be thereby agrieved to be recovered by Action of Debt Bill Plaint or Information in any of his Majesties Courts at Westminster wherein no Essoin Protection Priviledge or Wager of Law shall be allowed or admitted 9 E. 2. St. Lincoln 4 E. 3. cap. 9. 5 E. 3. cap. 4. And it is hereby further Provided and Ordained That no person shall be assigned to be Sheriff of any County within this Realm except such as have Lands within the same County sufficient to answer the King and his people And whereas by an Act made in the One and twentieth year of the Reign of our late Soveraign Lord King James over England 21 Jac. cap. 5. It was provided That whensoever any Sheriff upon passing his Accompts A Quietus est to be a sufficient discharge for a Sheriff if not questioned within four years after grant thereof should have his Quietus est that he should be thereby absolutely discharged of all sums of Money by him Levied and Received and pretended not to be accompted for
within the said Accompt whereupon he had his Quietus est unless such Sheriff should be called in question for such sums of Money so pretended to be Levied and not Accompted for within four years after the time of such Accompt and Quietus est which Act notwithstanding divers Sheriffs and their Heirs upon such pretences have béen molested and troubled many years after their Accompts and Quietus est and have had Process sent out against them contrary to the true intent and meaning of the said Act It is hereby further Provided and Enacted That when any Sheriff or Sheriffs within the Kingdom of England or Dominion of Wales upon passing their Accompts shall have their Quietus est that then such Sheriff and Sheriffs their Heirs Executors and Administrators Lands Tenements Goods and Chattels shall be thereby absolutely discharged of all manner of sum or sums of Money whatsoever by them Levyed and Received notwithstanding any such pretence that the same were not accompted for or other pretence whatsoever unless such Sheriff or Sheriffs shall be called in question and that Iudgment shall be given against him or them for the same within four years next after such Accompt or Quietus est and that every Officer or Minister by whom or by whose default any Writ or Process contrary to this Act shall be sent out shall incur the like Forfeitures and Penalties to be recovered and inflicted by such persons and in such manner as by the aforesaid Act is provided Provided alwayes That this Act or any thing therein contained shall not extend to the Counties of Chester Chester Lancaster Durham Wales Lancaster Durham or the Counties in Wales being County-Palatines as to their manner of accompting but that the Sheriffs therein shall accompt as formerly before the respective Auditors only and not elsewhere Proviso touching the Kings Remembrancer Lord Treasurers Remembrancer Provided That this Act or any thing therein contained shall not extend to enjoyn His Majesties Remembrancer or the Lord Treasurers Remembrancer to transcribe and deliver to the Ingrosser of the great Roll any Inquisitions or Seisures but such as have béen formerly charged in the Foreign Accompts of the Sheriffs but for all Inquisitions upon Attainders or other Forfeitures to the Crown the same shall be put in charge as heretofore they have béen according to the constant usage and Decrée of the Court of Exchequer Nor shall this Act or any thing therein contained extend to exclude His Majesties said Remembrancer of or from the writing forth Process for or upon any His Majesties Debts Duties Outlawries or other charge whatsoever or Process of Levari facias at the prosecution of any person or persons to levy the Issues or Profits of any Lands or Tenements seised or to be seised into the Kings hands or Process of Venditioni exponas for Goods seised or to be seised upon any Debt to His Majesty His Heirs or Successors or upon any Outlawry or to alter or change the Pleadings or other Procéedings heretofore used and accustomed in the said Office upon any Pleadings touching the said Debts Duties and Seisures or any of them whatsoever And that no Debt Duty Fine Amerciament or Seisure whatsoever which shall be charged in the said great Roll of the Pipe upon any person whatsoever by or from any Record Process or Procéeding had made filed or recorded in the Office of His Majesties Remembrancer of his Exchequer nor any Process or Procéeding thereupon to be had or made by vertue of this Act shall be respited stayed mitigated extenuated compounded or otherwise discharged but by Order Warrant or Iudgment made filed or entred in the said Office of His Majesties Remembrancer where the original of such Debt Duty or Charge as aforesaid is and remaineth And that in case any Process of Summons of the Pipe have béen or shall be awarded for or upon any such Debt Duty Fine Amerciament or Seisure whatsoever and the same Debt Duty Fine Amerciament or Seisure shall not upon such Summons of the Pipe be levied or answered unto His Majesty That then the Clerk of the Pipe or Engrosser of the Great Roll shall the next Term after the return of such Summons certifie the same in a Schedule into the Office of His Majesties Remembrancer aforesaid to the end that further Process may be from thence written forth for the Levying and Answering thereof And that this Act or any thing therein contained shall not extend unto nor be construed to be prejudicial to His Majesties Remembrancer in His Exchequer in any just ancient and lawful Fées by him claimed or belonging or incident to His Office and usually had and received by him or his Predecessors Any thing in this Act contained to the contrary in any wise notwithstanding The conttnuance This Act to continue to the end of the first Session of the next Parliament and no longer CAP. XXII For Preventing of Theft and Rapine upon the Northern Borders of England VVHereas a great number of Lewd Disorderly and Lawless Persons being Thieves and Robbers who are commonly called Moss-Troopers have successively for many and sundry years last past béen bred resided in and frequented the borders of the two respective Counties of Northumberland and Cumberland and the next adjacent parts of Scotland and they taking the opportunity of the large waste Grounds Heaths and Mosses and the many intricate and dangerous Wayes and By-paths in those parts do usually after the most notorious Crimes committed by them escape over from the one Kingdom into the other respectively and so avoid the hand of Iustice in regard the Offences done and perpetrated in the one Kingdom cannot be punished in the other And whereas since the time of the late unhappy distractions such Offences and Offenders as aforesaid have excéedingly more increased and abounded and the several Inhabitants of the said respective Counties have béen for divers years last past necessitated at their own frée and voluntary charge to maintain several Parties of Horse for the necessary defence of their Persons Families and Goods and to the end the aforesaid evil and pernicious members might be apprehended and brought to Iudgment And whereas the most part of the Inhabitants of the said Counties being more remote from the Borders then other parts and consequently not so much exposed to imminent dangers as others are therefore unwilling to contribute their proportionable parts of the aforesaid Charge and yet notwithstanding it cannot probably or possibly be avoided but that those Inhabitants of the respective Counties who hold themselves most secure must certainly sustain much damage and detriment in their Goods and Estates in case the aforesaid Moss-Troopers be not timely suppressed but suffered to grow numerous strong and potent which they must néeds do in case there be no restraint upon them Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spirituall and Temporall and Commons in this present Parliament Assembled
it was further Enacted That no Groats or Half-groats shall be moulten by any man to make Vessel or other thing thereof upon the same pain And whereas divers persons do elude the said Statutes as well Goldsmiths as others by melting Silver-Coyns of this Realm above the value of Groats to the great diminishing of the Silver-Coyn of this Realm and the hindrance of the Commerce of the same 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 and by Authority of the same That no person or persons whatsoever shall after the Twentieth day of December One thousand six hundred sixty two None shall melt currant Silver Money The Penalty wilfully melt or cause to be melted any of the currant Silver-money of this Realm upon pain not only of forfeiture of the same but also of the double value of any such Coyn so melted the one half to his Majesty his Heirs and Successors the other half to the Informers who shall sue for the same upon Action of Debt Bill Plaint or Information in any of His Majesties Courts at Westminster in which no Essoign Wager of Law or Protection shall be allowed And moreover That the said person or persons offending contrary to the Tenor of this Act if he or they be a Fréeman or Fréemen or priviledged person or persons of any City or Corporation within this Kingdom of England shall upon legal conviction for the same be forthwith disfranchised and made uncapable of exercising the Trade of a Goldsmith or any other Mystery by vertue of the Priviledges of the City or Corporation of which he or they are members And if the said person or persons offending and convict as aforesaid shall not be a Fréeman or Fréemen or priviledged person or persons of any City or Corporation as aforesaid then he or they shall suffer imprisonment without Bail or Mainprize for the space of Six moneths next ensuing his or their Conviction as aforesaid CAP. XXXII The Manufacture of Broad Woollen Cloth within the West-Riding of the County of York Regulated WHereas divers abuses and deceits have of late years béen had and used in the Manufacture of Broad Woollen Cloth made within the West-Riding of the County of York and the spinning and deceitful working thereof which tends to the great debasing and undervaluation of the said Manufacture both at home and also in Forreign parts where the same is usually vended For prevention of all which abuses and deceipts It is Enacted by the Kings most Excellent Majesty by the Advice and Consent of the Lords Spiritual and Temporal and Commons Assembled in Parliament That from and after the next Monday after Easter which shall be in the year of our Lord God One thousand six hundred sixty and two there be and shall be a Corporation to continue for ever within the said West-Riding of the County of York consisting of all the Iustices of the Peace of the said West-Riding for the time being A Corporation of Clothiers in the West-Riding of Yorkshire Two Masters Ten Wardens Twelve Assistants and Commonalty All which said Masters Wardens and Assistants are to be of the ablest and best experienced Clothiers within the said West-Riding and such as have served and béen brought up in the Trade and Mystery of Clothing by the space of seven years according to the Laws and Statutes of this Realm One of which said Masters Five of which said Wardens and Six of which said Assistants shall be chosen the first Monday after Pentecost then next following and from thenceforth to be yearly and every year chosen upon the next Monday after Pentecost at some publique place by the Frée Clothiers of the said West-Riding inhabiting within the Parish of Leeds in the said County of York the greater part of them present at such Election and the other Master Five Wardens and Six Assistants shall be chosen upon the same days at some publique place by the Frée Clothiers inhabiting out of the said Town and Parish of Leeds or the greater part of them present at the said Election of the parts adjacent within the said West-Riding And in case any of the said Masters Wardens and Assistants after their said respective Elections do happen to die that then it shall and may be lawful at any Court to be holden next after such Decease to Elect others in their respective places And the said Wardens Masters and Assistants respectively shall within eight days after their first Choice and Election take the Oaths of Allegiance and Supremacy which any two Iustices of the Peace within the West-Riding whereof one to be of the Quorum have hereby power to Administer and also the ensuing Oath Viz. I A. B. do swear The Oath to be taken by the Master Wardens and Assistants That I will well faithfully and honestly perform and discharge the Office of a Master of the Corporation of the Free Clothiers according to the best of my Skill Power and Knowledge So help me God And the like Oath and Oaths to be Administred to the Wardens and Assistants respectively mutatis mutandis And for ever after the said Iustices of the Peace Masters Wardens and Assistants and their Successors or any Thirtéen of them shall and have hereby power to Administer the like Oath or Oaths to such Officer or Officers faithfully and honestly to perform and discharge his and their said Office and Offices to which he or they are and shall be so chosen by this Act at any Court to be by them holden in manner hereafter declared And it is further Enacted by the Authority aforesaid That the said Iustices of the Peace Who shall be of the said Corporation for ever and how called Masters Wardens and Assistants for the time being together with the said Frée Clothiers of the said West-Riding shall for ever hereafter in name and in fact be one Body Politique and Corporate in Law to all intents and purposes and shall have a perpetual Succession and be called by the name of the Supervisors Masters Wardens Assistants and Commonalty of the Trade or Mysterie of Clothiers for the well making of Broad Woollen Cloth within the West-Riding of the County of York and that they shall be enabled to Plead and Sue and to be Sued and Impleaded by that name in all Courts and Places of Iudicature within this Kingdom And by that name shall and may without Licence in Mortmain purchase take or receive any Lands Tenements or Hereditameats of the Gift Alienation or Demise of any person or persons who are hereby without further Licence enabled to transfer the same and any Goods and Chattels whatsoever for the use and benefit of the Corporation aforesaid not excéeding the yearly value of Two hundred pounds And for the better Regulation of the said Goverment of the said Trade and Manufacture the said Iustices of the Peace Masters
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
Enacted That all and every person and persons which since the five and twentieth day of March One thousand six hundred sixty and two have acted or done any thing in the dismantling of any Cities or Towns or demolishing of Walls and Fortifications thereof or relating thereunto shall be and are hereby indempnified and saved harmless And whereas some doubt hath arisen upon the said Act what Estates shall be charged with or toward Foot Be it therefore Enacted and Declared by the Authority aforesaid How persons may be charged with arms and for what estates That no person who hath an Estate of the yearly value of two hundred pounds or personal Estate of the value of two thousand four hundred pounds chargeable by the said Act shall be charged with or toward the finding any Foot and it shall be lawful for the respective Lieutenants and Deputies or any three or more of them to charge according to the proportions in the said Act any person who hath an Estate of the yearly value of one hundred pounds and under the yearly value of two hundred pounds or who hath a personal Estate of twelve hundred pounds and under the value of two thousand four hundred pounds chargeable by the said Act with or towards the finding of Foot or toward the finding of Horse as to their judgment shall séem most expedient for his Majesties Service Yet nevertheless this shall not be construed to extend to make any alterations in the provisions in the said or this Act concerning the Forces to be charged or raised in Cities Corporations and Port-Towns Provided always and be it Enacted by the Authority aforesaid That the Lord Warden of the Cinque-Ports to antient Towns and their Members and in his absence The Cinque-Ports his Lieutenant or Lieutenants shall and may put in execution within the said Ports Towns and Members all the Powers and Authorities given and granted by this and the said former Act and to execute and perform all and every the things therein contained in the like manner as the respective Lieutenants of the Counties and their Deputies may do and may kéep up and continue the usual numbers of Souldiers in the said Ports Towns and Members unless they find cause to lessen the same And that the Inhabitants of the said Ports Towns and Members being in regard of their scituation on the Sea-coasts charged with a greater proportion of Arms and Armed men then other parts of the Kingdom shall not be charged with Arms or Armed men in the Counties adjacent for their Estates there lying save only for such proportion as they are lyable unto and either are not or shall not be charged with within the said Ports Towns and Members Any thing in this Act contained to the contrary in any wise notwithstanding St. Martins Parish in Stamford Baron in Lincolnshire Provided always and be it Enacted by the Authority aforesaid That the Inhabitants and Revenues of or in the Parish of Saint Martin called Stamford Baron in the Suburbs of the Borough and Town of Stamford on the South-side of the Waters there called Welland may be Assessed and Charged to find and serve in the Trained Bands of the County of Lincoln as formerly according to the said mentioned Act and this present Act by the Lieutenant and Deputy-Lieutenants for the County of Lincoln for the time being in such manner as any persons or estates within the said County of Lincoln may be by them assessed and charged to the purposes aforesaid And they of Saint Martin aforesaid are hereby declared to be well and legally assessed and charged by the said Lieutenant and Deputy-Lieutenants respectively CAP. V. For Regulating Select Vestries FOr prevention of the evils which may arise from Vestry-men not Conforming to the Government and Discipline of the Church of England as it now is by Law established Be it Enacted by the Kings most Excellent Majesty by the Advice and with the Consent of the Lords Spiritual and Temporal and of the Commons in this present Parliament Assembled That all and every person who now is a Vestry-man or member of any Vestry within any Parish in the Cities of London and Westminster Borough of Southwark and wéekly Bills of Mortality and in all other Cities Boroughs and Towns Corporate where Select Vestries are used in the Kingdom of England All Vestry-men shall take and subscribe the Declaration in 14 Car. 2. c. 4. on or before the Nine and twentieth day of September next And all and every person who at any time hereafter shall be elected to be a Vestry-man or member of any Vestry within any Parish in any the places aforesaid within one moneth after such his Election shall before the respective Archbishop Bishop or Ordinary Vicar-General or Chancellor of the Diocess make and subscribe the Declaration and Acknowledgment enjoyned in the late wholsom good Act Entituled An Act for the Uniformity of Publick Prayers and Administration of Sacraments and other Rites and Ceremonies and for establishing the Form of Making Ordaining and Consecrating Bishops Priests and Deacons in the Church of England in these words following I A. B. Do declare That it is not lawful upon any pretence whatsoever to take up Arms against the King and that I do abhor that Traiterous Position of taking Arms by His Authority against His Person or against those that are Commissionated by him And that I will conform to the Liturgy of the Church of England as it is now by Law established And I do declare That I do hold there lies no Obligation upon me or on any other person from the Oath commonly called The Solemn League and Covenant to endeavour any change or alteration of Government either in Church or State And that the same was in it self an unlawful Oath and Imposed upon the Subjects of this Realm against the known Laws and Liberties of this Kingdome The penalty And that all and every such person who shall neglect or refuse to do the same within the respective times aforesaid shall ipso facto be deprived of such his place of Vestry-man and of being a Member of such Vestry to all intents and purposes And such place shall be actually void as if such person were naturally dead Any Vsage or Custom to the contrary notwithstanding And that from and after such neglect or refusal it shall be lawful for all persons who shall have right of Election or nomination of such Vestry-man or member of such Vestry to procéed to election or nomination of some other discréet person of the respective Parish in the room of such person so neglecting or refusing as aforesaid And if such person so to be elected in the room of such person so neglecting or refusing as aforesaid shall also neglect or refuse to make and subscribe the said Declaration and Acknowledgment in manner and time aforesaid whereby such place shall again become void or if such persons who shall have right of Election or nomination
as aforesaid shall not procéed to Election within one moneth after such vacancy then it shall be lawful to and for the respective Archbishop Bishop or Ordinary of the Diocess under his hand and Seal to Elect and nominate a discréet person of the respective Parish in such vacant room which person so to be elected and nominated after his making and subscription in manner and time aforesaid shall be and shall to all intents and purposes be reputed déemed and taken to be a Vestry-man or member of such Vestry in like manner as if he had béen chosen by the respective Electors Any Law Custom or Vsage to the contrary notwithstanding And be it Enacted by the Authority aforesaid That the respective Arch-bishop Bishop or Ordinary Vicar-General or Chancellor of the Diocess shall upon request to him made by any Vestry-man so making and subscribing the said Declaration and Acknowledgment aforesaid deliver a Certificate of his so doing for which no Fée shall be paid Provided always That nothing in this Act shall be construed to give any new power to any Select Vestry-man or to confirm any usurped power heretofore exercised by any Select Vestry-man which before the making of this Act is not Warranted by the Law of the Land Provided also The continuance of this Act. That this Act shall continue in force to the end of the first Session of the next Parliament and no longer CAP. VI. An Act for Relief of such Persons as by Sickness or other Impediment were disabled from Subscribing the Declaration in the Act of Uniformity and Explanation of part of the said Act. VVHereas by an Act of this present Parliament Entituled An Act for Uniformity of Publick Prayer and Administration of the Sacraments and other Rites and Ceremonies 14 Car. 2. c. 4. and for establishing the Form of Making Ordaining and consecrating Bishops Priests and Deacons in the Church of England It was Enacted That every Dean Canon and Prebendary of every Cathedral or Collegiate Church and all Masters and Fellows of any Colledg Hall House of Learning or Hospital and every Parson Vicar Curate and every other person in Holy Orders who upon the first day of May which should be in the year of our Lord God One thousand six hundred sixty and two or at any time thereafter should be Incumbent or have possession of any Deanry Canonry Prebendry Mastership Fellowship Parsonage Vicarage or any other Ecclesiastical Dignity or Promotion should before the Feast day of Saint Bartholomew which should be in the year of our Lord One thousand six hundred sixty and two subscribe the Declaration or acknowledgment in the said Act mentioned and expressed before their respective Archbishops Bishops Ordinaries or Vice-Chancellors of the respective Vniversities upon pain that all and every of the persons aforesaid failing in such subscription should lose and forfeit such respective Deanry Canonry Prebendry Mastership Fellowship Parsonage Vicarage Ecclesiastical Dignity or Promotion and should be utterly disabled and ipso facto deprived of the same And that every such respective Deanry Canonry Prebendry Mastership Fellowship Parsonage Vicarage Ecclesiastical Dignity or Promotion should be void as if such person so failing were naturally dead And that after such subscription made every such Parson Vicar Curate and Lecturer should procure a Certificate under the hand and Seal of the respective Archbishop Bishop or Ordinary of the Diocess and should publickly and openly read the same together with the Declaration or acknowledgment aforesaid upon some Lords-Day within thrée moneths then next following in his Parish Church where he was to officiate in the presence of the Congregation there assembled in the time of Divine-Service upon pain that every person failing therein should lose such Parsonage Vicarage or Benefice respectively and should be utterly disabled and ipso facto deprived of the same And that the said Parsonage Vicarage or Benefice should be void as if he were naturally dead And whereas divers persons of eminent Loyalty to his Majesty and of known affection to the Liturgy of the Church of England who by the said Act were required to subscribe the said Declaration or Acknowledgment at the time of the passing of the said Act were out of this Realm in Ireland or other parts beyond the Seas upon lawful and justifiable occasions and had no knowledg or notice thereof until their return into England being after the said Feast of St. Bartholomew And divers other of the said Loyal and wel-affected persons by reason of sickness imprisonment disability of body or otherwise could not or did not resort unto their respective Archbishops Bishops or Ordinaries or Vice-Chancellors of the respective Vniversities before whom such subscription was appointed by the said Act to be made All which said persons are by force of the said Act utterly disabled and ipso facto deprived of their respective Deanries Canonries Prebendries Masterships Fellowships Parsonages Vicarages or other Ecclesiastical Benefices or Promotions by reason of such their omission For remedy whereof and for the relief of such persons Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by Authority of the same That all Deans Canons Prebendaries Masters and Fellows of any Colledges Halls or other Houses of Learning and all Parsons Vicars and other Ecclesiastical persons aforesaid who at the time of the passing of the said Act being in Ireland or any the parts beyond the Seas did not return into this Kingdom before the said Feast of Saint Bartholomew One thousand six hundred sixty and two or who being in England by Imprisonment Sickness Disability of Body or otherwise did not resort unto their respective Archbishop Bishop Ordinary or Vice-Chancellor of the said respective Vniversities to subscribe the said Declaration and Acknowledgment before the said Feast in the year of our Lord aforesaid shall be and are hereby declared to be restored unto and preserved in their respective Deanries Canonries Prebendries Masterships Fellowships Parsonages Vicarages and other Ecclesiastical Benefices and Promotions whereunto no other person or persons before the first day of August in the year of our Lord One thousand six hundred sixty and thrée were or shall be lawfully Instituted Inducted Collated or placed And shall and may hold and enjoy the same according to his and their former right The aforesaid Act or any thing therein contained to the contrary notwithstanding Provided That every such Dean Canon Prebendary Master and Fellow of any Colledg Hall or House of Learning and all Parsons Vicars and Curates and other Ecclesiastical persons who are or shall by vertue of this Act be restored to or preserved in their said several and respective Promotions shall before the Feast of the Nativity of our Lord next ensuing if he be in England or if beyond the Seas within forty dayes after his return into England subscribe the said Declaration or
Acknowledgment before the respective Archbishop Bishop or Ordinary of the Diocess or Vice-Chancellor aforesaid respectively And that every such Parson Vicar Curate or Lecturer shall procure a Certificate under the Hand and Seal of the respective Archbishop Bishop or Ordinary of the Diocess who are hereby required and enjoyned upon demand to make and deliver such Certificate And shall publickly and openly read the same together with the Declaration or acknowledgment aforesaid upon some Lords day within thrée moneths then next following such subscription in his Parish Church where he is to officiate in the presence of the Congregation then assembled in the time of Divine Service And be it further Enacted and Declared by the Authority aforesaid That every subscription already made or hereafter to be made before any Vicar-General or Chancellor to any Archbishop or Bishop or Commissary to the Archbishop of Canterbury or any other Bishop is and shall be as effectual and beneficial in Law to all intents and purposes to every person and persons which have or shall make such subscription as aforesaid as if the same had béen made before the Archbishop or Bishop of the Province or Diocess respectively Any thing in the aforesaid Act to the contrary notwithstanding Provided also That every person who shall have benefit by this Act shall make such allowance for serving the Cure since the 24th of August 1662. as shall be judged fit by the Ordinary of the place and shall pay and discharge all Tenths Pensions and other Charges wherewith the Benefice to which he is by this Act restored hath béen or might be legally charged since the day aforesaid Persons prohibited to Preach 14 Car. 2. c. 4. And whereas some doubt hath arisen whether persons prohibited to preach by the said Act are in the same plight as to punishment with persons disabled by the said Act to preach Be it Declared and Enacted by the Authority aforesaid That the penalties by the said Act to be inflicted upon any person disabled by the said Act to preach for any offence against the said Act shall in like manner be inflicted upon every person so offending that is prohibited by the said Act to preach Any thing doubt or ambiguity in the said Act to the contrary notwithstanding CAP. VII Trade Encouraged Tillage FOrasmuch as the encouraging of Tillage ought to be in an especial manner regarded and endeavoured and the surest and effectuallest means of promoting and advancing any Trade Occupation or Mystery being by rendring it profitable to the Vsers thereof And great quantities of Land within this Kingdom for the present lying in a manner waste and yielding little which might thereby be improved to considerable profit and advantage if sufficient Encouragement were given for the laying out of Cost and labour on the same and thereby much more Corn produced greater numbers of people horses and cattel imployed and other Land also rendred more Valuable Be it Enacted by the Kings most Excellent Majesty with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by the Authority thereof And it is hereby Enacted That from and after the first day of September in the year of our Lord 1663. and from thence forward when the prizes of Corn and Grain Winchester measure Corn not exceeding certain rates may be transported do not excéed the rates hereafter following at the Havens or places where the same shall be shipped or loaden viz The Quarter of Wheat Eight and forty shillings The Quarter of Barley or Malt Eight and twenty shillings The Quarter of Buck-wheat Eight and twenty shillings The Quarter of Oats Thirtéen shillings and four pence The Quarter of Rye Two and thirty shillings The Quarter of Pease or Beans Two and thirty shillings currant English money That then it shall be lawful for all and every person and persons to ship load carry and transport any of the said Corns or Grains from the Havens or places where they shall be of such prizes unto any parts beyond the Seas as Merchandise Any Law Statute or Vsage to the contrary notwithstanding paying such Rates for the same and none other as are to be paid when the same might have béen Transported by one Act passed this present Parliament Entituled 12 Car. 2. c 4. A Subsidy granted to the King of Tunnage and Poundage When corn may be imported and what custom to be paid And it is hereby further Enacted by the Authority aforesaid That when the prizes of the aforesaid Corns and Grains do not excéed the Rates above mentioned respectively Winchester-measure at the Haven or place into which any of them shall be imported from any part beyond the Seas there shall be paid for the Custom and Poundage of every Quarter of Wheat five shillings and four pence and for every Quarter of Rye four shillings and for every Quarter of Barley or Malt two shillings and eight pence and for every Quarter of Buck-wheat two shillings and for every Quarter of Oats one shilling four pence and for every Quarter of Pease or Beans four shillings And it is hereby further Enacted by the Authority aforesaid That when the prizes of Corn or Grain Winchester-measure do not excéed the rates following at the Markets Havens or Places where the same shall be bought viz. The Quarter of Wheat Eight and forty shillings the Quarter of Rye two and thirty shillings the Quarter of Barley or Mault eight and twenty shillings the Quarter of Buck-wheat eight and twenty shillings the Quarter of Oats thirtéen shillings and four pence the Quarter of Pease or Beans two and thirty shillings That then it shall be lawful for all and every person and persons not Forestalling nor Selling the same in the same Market within thrée moneths after the buying thereof to buy in open Market and to lay up and kéep in his or their Granaries or Houses and to sell again such Corn or Grain of the kinds aforesaid as without fraud or coven shall have béen bought at or under the prïces before expressed without incurring any penalty Any Law Statute or Vsage to the contrary notwithstanding And in regard his Majesties Plantations beyond the Seas are inhabited and peopled by his Subjects of this his Kingdom of England Plantations beyond the Sea For the maintaining a greater correspondence and kindness betwéen them and kéeping them in a firmer dependance upon it and rendring them yet more beneficial and advantagious unto it in the further employment and encrease of English Shipping and Sea-men Vent of English Woollen and other Manufactures and Commodities rendring the Navigation to and from the same more safe and cheap and making this Kingdom a Staple not only of the Commodities of those Plantations but also of the Commodities of other Countries and Places for the supplying of them and it being the usage of other Nations to kéep their Plantations Trade to themselves Be it Enacted and it is
hereby further Enacted That if any Officer of the Customs in England Wales or Town of Berwick upon Tweed shall give any Warrant for or suffer any Sugar Tobacco Ginger Cotton-wool Indico Speckle-wood or Jamaica Wood Fustick or other Dying Wood of the growth of any of the said Lands Islands Colonies Plantations Territories or Places to be carryed into any other Countrey or place whatsoever until they have béen first unladen bona fide and put on shore in some Port or Haven in England or Wales or in the Town of Berwick That every such Officer for such offence shall forfeit his place and the value of such of the said goods as he shall give Warrant for or suffer to pass into any other Countrey or place the one moyety to his Majesty his Heirs and Successors and the other moyety to him or them that shall inform or sue for the same in any Court of Record in England or Wales wherein no Essoign Protection or Wager in Law shall be allowed Encouragement of Plantations and encrease of Shipping And for the better encouragement of the said Plantations and the increase of the Shipping and Navigation of this Kingdom Be it Enacted and it is hereby Enacted by the Authority aforesaid That from and after the five and twentieth day of March one thousand six hundred sixty and four it shall and may be lawful out of any Port of England or Wales or out of the Town of Berwick Sea-coals to ship and lade Sea-coals for any part of them paying for the Chalder Newcastle measure one shilling eight pence and for the Chalder London-measure one shilling and no more in full of all Custom and Poundage for the same Any Law Statute or Prohibition to the contrary in any wise notwithstanding Provided That such Sea-coals be shipped in such shipping and so Navigated as abovesaid And that good security be given to the Officers of the Customs in such Port in which they are shipped for the landing them in the said Plantations and not elswhere And forasmuch as several considerable and advantagious Trades cannot be conveniently driven and carried on without the Species of Money or Bullion and that it is found by experience that they are carried in greatest abundance as to a common Market to such places as give frée liberty for exporting the same and the better to kéep in and increase the current Coins of this Kingdom Be it Enacted and it is hereby Enacted That from and after the first day of August one thousand six hundred sixty and thrée it shall and may be lawful to and for any person or persons whatsoever to Export out of any Port of England or Wales in which there is a Customer or Collector or out of the Town of Berwick all sorts of Foreign Coyn or Bullion of Gold or Silver Foreign coin or bullion may be exported first making entry thereof in such Custom-house respectively without paying any Duty Custom Poundage or Fée for the same Any Law Statute or Vsage to the contrary notwithstanding And lastly Whereas a very great part of the richest and best Land of this Kingdom is and cannot so well be otherwise imployed and made use of as in the Féeding and Fattening of Cattel And that by the coming in of late of vast numbers of Cattel already fatted such Lands are in many places much fallen and like daily to fall more in their Rents and Values and in consequence other Lands also to the great prejudice detriment and impoverishment of this Kingdom Be it further Enacted by the Authority aforesaid and it is hereby Enacted That for every head of great Cattel except such as are of the bréed of Scotland that shall be imported or brought into England Penalties upon importation of Foreign cattel at certain times Wales or the Town of Berwick upon Tweed after the first day of July and before the twentieth day of December in any year And for every head of great Cattel of the bréed of Scotland that shall be imported or brought into England Wales or the Town of Berwick after the four and twentieth day of August and before the twentieth day of December in any year there shall be paid to his Majesty his Heirs and Successors the sum of twenty shillings And the sum of ten shillings to him or them that shall inform or seise the same And the sum of ten shillings to the Poor of the Parish where such Seisure or Information shall be made to be recovered and levied by Bill Plaint or other Action wherein no Essoign Protection or Wager in Law shall be allowed And moreover That there shall be paid to his Majesty his Heirs and Successors for every Shéep which shall be Imported into England Wales or the Town of Berwick aforesaid after the First day of August and before the Twentieth day of December in any year the sum of Ten shillings of lawful money of England to be recovered and levied in manner aforesaid Provided always That this Act in so far as it relates to great Cattel or Shéep The continuance of this Act as to importation of cattel Encouragement of Herring Fisheries shall not take place till the First day of July One thousand six hundred sixty and four nor continue longer then the end of the First Session of the next Parliament And for the encouragement of the Herring and North-Sea Island and Westmony Fisheries Be it Enacted and it is hereby Enacted by the authority aforesaid That from and after the First day of August which shall be in the year of our Lord One thousand six hundred sixty and four no Fresh Herring Fresh Cood or Haddock Coal-fish or Gull-fish shall be Imported into England Wales or the Town of Berwick but in English-built Ships or Vessels or in Ships or Vessels bona fide belonging to England Wales or the Town of Berwick and having such Certificate thereof as is abovesaid and whereof the Master and thrée Fourths at the least of the Mariners are English and which hath béen fished caught and taken in such Ships or Vessels and so navigated and not being âought 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 impââted 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 Assemâled 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
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
begotten And also all the Rents Sum and Sums of money and Revenues that shall arise grow and become due of or from the said General Letter-Office or Post-Office or Office of Post-Master-General unto the said James Duke of York and the Heirs males of his Body begotten or to be begotten Be it therefore Enacted and Declared by the Kings most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled The Powers of granting Wine Licenses entailed upon the Duke of York and by the Authority of the same That the said James Duke of York and the Heirs males of his Body begotten or to be begotten shall have all and every the Powers and Authorities aforesaid to give and grant Licenses to such person or persons as he or they shall think fit to Sell and Vtter by Retail all and every or any kind of Wine or Wines whatsoever to be drunk and spent as well within the house and houses or other place in the Tenure or Occupation of the party so Licensed as without in any City Town or other place whatsoever within the Kingdom of England Dominion of Wales and Town and Port of Berwick upon Tweed Together with all Benefits and Profits thereof And also that the said Duke and the Heirs males of his Body begotten or to be begotten shall have that moyety of the Forfeitures and Penalties which by the said recited Act is given to his Majesty His Heirs and Successors And it is hereby further Declared That all and every other person or persons which from time to time or at any times hereafter shall be by the said James Duke of York and the Heirs males of his Body begotten or to be begotten appointed authorized or deputed Agent or Agents Commissioner or Commissioners to Treat and Contract for giving Licenses and Dispensations to any person or persons for the Selling and Vttering Wines by Retail in any City or Town or other place as aforesaid shall have the full and sole power and authority to Treat and Contract for giving Licenses to any person or persons for the Selling and Vttering Wines by Retail in any City Town or other place as aforesaid any Law Statute Grant Vsage or Custom to the contrary in any wise notwithstanding in as full and ample manner as the Kings Agents or Commissioners might do by vertue of the said recited Act. And be it further Enacted by the Authority aforesaid That such person or or persons as shall be appointed by the said James Duke of York or the Heirs males of his body begotten or to be begotten under his or their Hand and Seal for granting Licences for Selling and Vttering Wines by Retail are hereby enabled under such Seal as the said Duke or the Heirs males of his Body begotten or to be begotten shall appoint to grant Licenses for the Selling and Vttering Wines by Retail to any person or persons or for any time or times not excéeding One and Twenty years if such persons shall so long live and for such Yearly Rents and under such Conditions as they shall think fit so as no Fine be taken for the same but that the Rents or Sums of money so agréed for and reserved shall be duly paid at the times and places agréed for the payment thereof for which Rents so reserved in case the same shall not be paid the said Duke and the Heirs males of his Body begotten or to be begotten shall and may have power by this Act to sue for the same by Bill Plaint or Action of Debt in any of His Majesties Courts of Record at Westminster or elsewhere in his own Name or to sue for the same in His Majesties Name in the Court of the Exchequer at the Election of the said Duke and the Heirs males of his body begotten or to be begotten And that the discharge of the said James Duke of York and of the Heirs males of his body begotten or to be begotten or of his or their Receiver General for the time being shall be a full and effectual discharge to all intents and purposes for all such moneys as have or shall be received by vertue of the Act for Wine-Licenses Provided always That the Kings Majesty His Heirs and Successors shall not during the continuance of the said Estate Tayl by himself or Agents grant any Commission or Commissions License or Licenses for the Selling or Vttering of any Wines by Retail And also Provided That nothing in this Act contained shall make void any Contracts Leases or Agréements that have béen made by His Majesties Agents for granting Licenses for Selling and Vttering Wines by Retail in pursuance of the said Act but the same Contracts Leases and Agréements shall remain in such force as they were before the making of this Act and that the Rents thereupon reserved and all Arrears thereof shall be paid unto the said Duke and to the Heirs males of his Body begotten or to be begotten And be it further Enacted by the Authority aforesaid That all the yearly Rents Rents and profits arising by the Letter-Office Sum or Sums of money Revenues Issues and Profits whatsoever that shall grow due accrew or be payable unto His Majesty His Heirs and Successors for or by reason of the said general Letter-Office or Post-ffice or Office of Post-Master General or annexed incident or belonging to the said Post-Office or general Letter-Office or Office of Post-Master-General or Issuing out of the same or accrewing or growing due for or by reason of the same shall be and hereby are vested and setled by vertue of this Act upon the said James Duke of York and the Heirs males of his Body begotten or to be begotten with full and sole power from time to time for the said Duke and the Heirs males of his Body begotten or to be begotten his and their Receivers-General to receive all and every the said Rents Issues and Profits accrewing for or issuing out of the said Office and from time to time to give Discharges for the money so received Provided always And be it Enacted by the Authority aforesaid Not to be paid into the Exchequer That none of the said yearly Rents Issues and Profits arising growing due accrewing or issuing out of the said general Letter-Office or Post-Office or Office of Post-Master-General shall for and during the said Estate Tail be paid into the Exchequer but only to the said Duke and to the Heirs males of his Body begotten or to begotten his or their Receiver-General for the time being And also that it shall and may be lawful to and for the said Duke and for the Heirs males of his Body begotten or to be begotten in the name of His Majesty How to be recovered his Heirs or Successors or in his or their own name to sue for the same by Bill Plaint Information Action of Debt or otherwise in any Court or Courts
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 Weây 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
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
have a Mayor and Aldermen and particular Iustices of the Peace by Charter or Commission or Bayliff or Bayliffs or other Chief Officer or Officers and other Assistants by like Charter and where two or more Churches or Chappels or a Church a Chappel the Parishes thereunto belonging do lie within the said Corporation or Liberties thereof convenient to be united In such cases the Bishop of the Diocese where such Parish and Parishes are with the consent of the Mayor Aldermen and Iustices of the Peace Bayliff or Bayliffs or other Chief Officer or Officers or the major part of them and of the Patron or Patrons of such Church or Churches Chappel or Chappels shall or may according to due form of Law unite the said Churches or Chappels or Church and Chappel or any of them and shall appoint at which Church or Chappel Churches or Chappels the said Parishioners and Inhabitants of the said Parishes or places to which the said Churches or Chappels or Church and Chappel do belong shall usually méet for the worship of God and which of the said Churches or Chappels or Church or Chappel shall be united and annexed unto the other which shall be the Church Presentative unto which all Presentations shall thereafter be only made unto which the Parishioners shal resort as their proper Church And after such Order made the said Churches or Chappels or Church and Chappel shall accordingly for ever stand united And the Parishioners Landholders and Inhabitants of the said Parishes and places belonging to such Churches or Chappels or Church and Chappel so united and annexed shall as they or any of them become void and from thenceforward pay all such Tythes and other Duties as belong or did belong to the Incumbent of any of the said Churches or Chappels or Church and Chappel so united and annexed unto the Incumbent of the said Presentative Church or Chappel unto which the said other Churches or Chappels or Church or Chappel shall be so united and annexed Parishes shall remain distinct notwithstanding such Vnion of Churches And it is hereby also Enacted That notwithstanding any such Vnion to be made by vertue hereof each of the Parishes so united shall continue distinct as to all Rates Taxes Parochial Rites Charges and Duties and all other Priviledges Liberties and respects whatsoever other then what is herein before mentioned and specified And Churchwardens shall be elected and appointed for each Parish as they were before such union made How and when such Vniting shall take effect And it is further Enacted and Provided That where one or more of the said Churches or Chappels or Church and Chappel so united and annexed shall be full at the time of making such Vnion That then the said Vnion shall take effect for every such Church or Chappel And how severall Patrons shall present upon the first Avoidance after such Vnion made And that the several Patrons of the said Churches and Chappels so Vnited shall and may present by turns to that Church onely which shall remain and be presentative from time to time in such order as the said Bishop with the consent of the said Mayor Aldermen and Iustices of Peace Bayliff or Bayliffs or other chief Officer or Officers within such Parishes or the major part of them and of the Patron or Patrons of such Church or Churches Chappel or Chappels shall determine and decrée for the preservation of their respective Rights therein respect being therein had to the difference of the values of the yearly Maintenance belonging to such Churches or Chappels or any of them Saving unto the Kings Majesty His Heirs and Successors all the Tenths and First-Fruits of all such Churches and Chappels so to be Vnited according to the rates and valuations at which the said Churches and Chappels are Rated and Valued in the Office of First-Fruits and Tenths in His Majesties Court of Exchequer And also reserving all Procurations and Pensions to all persons to whom they are now and have béen formerly or shal be hereafter due and payable Any thing herein contained notwithstanding How Vnions must be registred Provided always That no Vnion of Parishes or places to be made by vertue of this Act shall commence or be effectual in Law until it be Registred in the Register Book of the Bishop of the Diocese which the Register is hereby required to do Parishes having 10 l. maintenance may not be Vnited Provided always That no Vnion made by vertue hereof shall be good and effectual where the setled Maintenance belonging to the Parsons Vicars and Incumbents of the Church or Chappel or Churches or Chappels so Vnited shall excéed the sum of One hundred pounds per annum cléer and above all Charges and Reprises unless the respective Parishioners or the major part of them under their hands desire otherwise Incumbents oâ sâch Vnited Pââ shes must be graduates of the Vniversity Provided always And be it Enacted That every Minister setled as aforesaid the Incumbent of any Church or Chappel or Churches or Chappels united according to this Act shall be the full and lawful Incumbent thereof to all intents and purposes so as such Minister be a Graduate in one of the Vniversities of this Kingdom Owners of Impropriations may bestow and annex mâintenance to the Churches where they lie And be it further Enacted by the Authority aforesaid That every Owner or Proprietor Owners or Proprietors of any Impropriation Tythes or Portion of Tythes in any Parish or Chappelry within the Kingdom of England or Dominion of Wales is are and shall be by vertue of this Act inabled and impowred to give or bestow unite and annex the same or any part thereof unto the Parsonage or Vicarage of the said Parish Church or Chappel where the same do lie or arise or settle the same in Trust for the benefit of the said Parsonage or Vicarage or of the Curate and Curates there successively where the Parsonage is Impropriate and no Vicar indowed according to his or their respective Estates Without license of Mortmain without any License of Mortmain Any Law or Statute to the contrary notwithstanding Parsons and Vicars not having setled means of 100 l. per annum may purchase and annex lands or rents without license in Mortmain And be it further Enacted That if the setled Maintenance of such Parsonage Vicarages Churches and Chappels so united or of any other Parsonage or Vicarage with Cure in the Kingdom of England or Dominion of Wales shall not amount to the full sum of One hundred pounds per annum cléer and above all charges and reprises That then it shall be lawful for the Parson Vicar and Incumbent of the same and his successors to take receive and purchase to him and his successors Lands Tenements Rents Tythes or other Hereditaments without any License of Mortmain Any Law or Statute to the contrary notwithstanding CAP. IV. A Former Act for Regulating the Press
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 ââdow 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
shillings Canon Prebendary Every person of the Degrée of a Canon or Prebendary of any Cathedral or Collegiate Church excepting such sole Prebendary who is a sole Corporation and his Prebend not Rated in the Exchequer at above Thirty pounds Doctor of Divinity Law Physick shall pay the sum of Fifty shillings Every person of the Degrée of a Doctor in Divinity Law or Physick shall pay the sum of Five pounds Doctors of Divinity not beneficed Provided always That no Doctor of Divinity not having any Benefice or Ecclesiastical preferment shall be charged for his Title or Dignity of Doctor by vertue of this Act nor the Widow of any Ecclesiastical person shall be charged for the third part according to the Title or Dignity of her late Husband And be it further Enacted by the Authority aforesaid That for the better Assessing Ordering and Levying of the several sums of money so as aforesaid limited and appointed to be paid and for the more effectual putting of this present Act in execution such persons shall by vertue of this Act be Commissioners for the several and respective Counties Who shall be Commissioners to execute this Act. Cities Boroughs Towns and Places within the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed as are nominated and appointed Commissioners for putting in execution the Powers in a former Act of this Parliament 16 17 Car. 2. cap. 1. entituled An Act for granting a Royal Ayd unto the Kings Majesty of Twenty four hundred threescore and seventeen thousand and five hundred pounds to be raised levied and paid in the space of Three years And be it further Declared and Enacted by the Authority aforesaid That these persons hereafter named shall be added Commissioners for the several Counties Places and Precincts respectively and shall exercise the same power as if they had béen named in the said former Act Viz. Bedford For the County of Bedford Villiers Charnock Humphrey Monox John Beecher Thomas Daniel John Gardiner Esquires _____ Horne Peter Harman Gent. Berks. For the County of Berks Sir William Craven Knight John Kingsmill Esquire John Withwick Edward Keat Charles Fettiplace William Bowles senior Esquires John Munday William Packer Richard House Gent. _____ Gilly Esquire Hugh Barker Doctor of Physick Bucks For the County of Bucks Sir Charles Clever Knight Sir Timothy Tyrrel Knight and Baronet Sir Frederick Hyde Thomas Catesby Edward Stafford Esquires Matthew Archdel Gent Sir John Busby For the Town of Buckingham George Robbins Cambridge For the County of Cambridge Sir John Jacob Baronet Sir Ralph Bovey Baronet Roger Pepys Esq Gerrard Russel Esq For the Town of Cambridge Rowland Simpson Alderman Ely For the Isle of Ely William Legat Anthony Fisher Peter Diamond Esquires Chester For the City and County of the City of Chester Thomas Cooper Alderman Edward Bradshaw Esq Richard Burd Alderman Richard Minshal Richard Taylor John Poolie Robert Harvy Aldermen Cornwall For the County of Cornwall John Trelawney of Trelawen Thomas Vivian John Moulesworth Esquires William Inch Abel French Nicholas Trebarfoot Edward Herle Edward Hoblin Nicholas Herle Walter Leech George Spry William Bond Thomas Dodson Iohn Arundel Iohn Tregygle William Thomas Anthony Tanner John Barret Thomas Penhallow Iohn Tamlin Iohn Verman Richard Williams Iohn Williams Esquires William Kegwin Henry Edwards Arthur Painter Gent. Cumberland For the County of Cumberland John Warwick Richard Lamplugh Miles Penington Joseph Patrickson Iohn Senhouse William Orphaur Ferdinando Hudleston Leonard Dykes Hugh Ascue Richard Patrickson John Punsonbee Esquires Devon For the County of Devon Christopher Lord Torington Richard Duke Gydeon Heydon Richard Lee Richard Hillersdon Samuel Roll Arthur Ashford John Bluet William Bragg Matthew Halls Edmund Parker John Mallet Esquires Sir Iohn Stowel Iohn Chichester Esquire Exon. For the City and County of Exon John Mallet Esquire Doctor Edward Masters Chancellor of the Diocess Eustace Budgell Gent. Derby For the County of Derby George Savile Robert Ashton John Gell Iohn Low Iohn Duâ Esquires Andrew Clayton Robert Moore Gent. Richard Merchant Alderman Edward Abney Esquire Dorset For the County of Dorset Robert Cullyford William Frampton Robert Williams Henry Henly junior Humphrey Weld Esquires the High Sheriff for the time being Iohn Ellesdon Salomon Andrews Iohn Gallop Gentlemen Pool For the Town and County of Pool the Mayor for the time being William Okeden Allen Skutt Gentlemen Durham For the County Palatine of Durham Sir George Fletcher Baronet Robert Shaftoe Humphrey Wharton Thomas Craddock Christopher Saunderson John Jeffreyson Esquires Robert Newhouse Edward Arden Gent. Essex For the County of Essex Sir John Archer one of the Iustices of the Common Pleas Philip Saltenston Thomas Cullum Esquires Timothy Midleton Esq Sir James Russet Edward Shelton Francis Mildmay Colchester For the Town of Colchester Sir Harbotle Grimstone Baronet Master of the Rolls John Eldred senior Iohn Eldred junior Esquires Harwich For the Town of Harwich and Dover-Court the Mayor for the time being Sir Cappel Luckin Knight and Baronet Iohn Eldred junior Esquire Mr. George Coleman Daniel Smith Captain Hunter Alderman Sack Samuel Newton Alderman Robinson Alderman Garriot Alderman Hawks Gloucester For the County of Gloucester Sir John Treacy Sir William Juckson Sir Iohn Newton Baronets Sir Francis Fane Knight of the Bath Sir Iohn Poynts Knight John Merideth Iohn Vaughan Thomas Carpender William Oldesworth John Browning Thomas Veel of Simons Hall Edward Smith George Brett Roger Lingan Robert Loggin Esquires VVilliam Hancock Conway Whitton Thomas Smith Richard Jones of Hanham Thomas Wise Richard Hart Gent. City of Gloucester For the City and County of the City of Gloucester Sir Bainham Throckmorton Knight and Baronet Mr. Thomas Aram Merchant Mr. Iohn Marston Colonel Richard Atkins William Cook Esquire Hereford For the County of Hereford James Pitts Francis Pember of Elsdon Robert Minors of Treagoe Edward Scrimshaw Iohn Bridge of Priors-Court Esquires John Burch of Garnston Iohn Curver of Upton Henry Milbourne William Driver Gilbert Hare Gent. City of Hereford Bridstock Herford Esquire Humphrey Diggs Humphrey Howarth James Wellington Gent. Hertford For the County of Hertford Sir Thomas Brograve Sir Robert Joscelyne Baronets Sir John Witterong Knight and Baronet Sir Charles Cleaver Knight Robert Dicer Iohn Cesar Ralph Radcliffe Francis Shalcross Edward Chester Thomas Tooke Esquires Richard Taverner King of Hempstead Joseph Edmonds Charles Cesar George Nodes George Poyner Joseph Hatch Charles Crouch Thomas James Iohn Dagnoll Gentlemen VVilliam Glascock Esquire Saint Albons For the Burrough of Saint Albans Joshua Lomax Edward Crosby Thomas Rotheram William Rugg William Rance Aldermen Iohn Dogget Huntington For the County of Huntington Sir Iames Beverly Iohn Dryden Anthony Hammon Major Dean of Godmanchester Kent For the County of Kent Sir Thomas Monins Sir Thomas Peirse Baronets Sir Iohn Shaw Knight and Baronet Sir Nicholas Strode Knight Edward Master Elwin VVyat William VViseman Esquires The Mayor of Maidstone for the time being Canterbury For the City and County of Canterbury William
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 ââneness 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
in course And that the Gold and Silver brought in and Coyned as aforesaid shall be in the same order delivered to the respective bringers in thereof their Executors Administrators or Assigns successively without preference of one before the other and not otherwise And if any undue preference be made in Entring of any Gold or Silver or delivering out of any money Coyned contrary to the true intent and meaning of this Act by any Officer or Officers of the Mint or Mints Penalty then the party or parties offending shall be liable by Action of Debt or in the Case to pay the value of the Gold or Silver brought in and not Entred and Delivered according to the true intent and meaning and direction of this Act as aforesaid with Damages and Costs to the party or parties grieved and shall be fore-judged from his or their Place or Office And if such preference be unduly made by any of his or their Deputy or Deputies Clerk or Clerks without direction or privity of his or their Master or Masters then such Deputy or Deputies Clerk or Clerks onely shall be liable to such Action Damage and Costs as aforesaid and be for ever after uncapable of serving or bearing Office in any Mint in the Kingdom of England Provided always That it shall not be interpreted any undue preference to incur any penalty in point of Delivery of moneys Coyned if the Officer or Officers What shall not be an undue preference or their Deputies or Clerks shall deliver out or pay any moneys Coyned to any person or persons that do come and demand the same upon subsequent Entries before others that did not come to demand their moneys in their order and course so as there be so much money reserved as will satisfie them which shall not be otherwise disposed of but kept for them And for the more orderly and clear performance thereof Be it Enacted And it is hereby Enacted by the Authority aforesaid That the Master-worker of His Majesties Mint or Mints for the time being shall at the time of the Delivery and Entry of any Gold or Silver in the said Mint or Mints give unto the bringer or bringers in thereof to be Coyned a Bill under his hand denoting the Weight Fineness and Value thereof together with the Day and Order of its Delivery into the said Mint or Mints And for the further Encouragement and Assurance of such as shall bring any Gold or Silver into his Majesties said Mint or Mints to be Coyned Be it Enacted There shall be no seisure or forfeiture c. of any Gold or Silver brought in to be coyned And it is hereby Enacted by the Authority aforesaid That no Confiscation Forfeiture Seizure Attachment Stop or Restraint whatsoever shall be made in the said Mint or Mints of any Gold or Silver brought in to be Coyned for or by reason of any Imbargo breach of the Peace Letters of Mart or Reprisal or War with any Foreign Nation or upon any other accompt or pretence whatsoever But that all Gold and Silver brought into any of his Majesties Mint or Mints within the Kingdom of England to be Coyned shall truly and with all convenient spéed be Coyned and delivered out to the respective bringer or bringers in thereof their Executors Administrators or Assigns according to the Rules and Directions of this Act. And whereas it cannot be reasonably expected that the Expence Waste and Charge in Assaying Melting down and Coynage be born by Your Majesty And for the further encouragement of Coynage Be it Enacted And it is hereby Enacted by the Authority aforesaid An Imposition set upon Wines Vinegar Sider or Beer Imported That for every Tun of Wines Vineger Sider or Béer that shall be Imported or brought into the Port of London or into any other Port Créek or place within the Kingdom of England Dominion of Wales or Town of Berwick upon Tweed from any parts beyond the Seas or Scotland from and after the Twentieth day of December in the year of our Lord One thousand six hundred sixty and six there shall be Levied Collected and paid the sum of Ten shillings And for every Tun of Brandy-wines or Strong-waters that shall be imported as abovesaid the sum of Twenty shillings Brandy-wine Strong-water and so proportionably for a greater or lesser quantity to be Levied Collected and paid at the respective Custom-Houses to the Collectors and other Officers of the Customs for the time being at the Importation of the said Commodities over and above all other Duties charged leviable and payable upon the said Commodities and to be by them distinguished and kept apart from all other moneys by them Collected and Levied upon the same Commodities or upon any other Commodities or Merchandizes whatsoever and to be by the said Collector or Collectors respectively so answered and paid Quarterly into the Receipt of the Exchequer of Your Majesty Your Heirs and Successors there also to be kept distinct and apart from all other moneys arising by the Customs or by any other way or Revenue whatsoever which said Duty they are hereby injoyned to receive and pay according to the several Directions of this Act without any Salary or Fée And be it further Enacted and Declared by the Authority aforesaid That all manner of Wines Vinegar Sider Béer Brandy-wines and Strong-waters Imported as aforesaid shall pay their several and respective Duties imposed by this Act And upon non-payment thereof shall be liable to such and the same pains penalties and forfeitures as in and by the late Acts for Tunnage and Poundage and for Frauds are Enacted and appointed upon non-payment of the Duties by the said Acts imposed upon Goods and Merchandises of the same nature with those mentioned in this Act. Provided always and it is hereby Enacted That for what of the aforesaid Commodities shall be Transported into any parts beyond the Seas within the term and space of one year after the Importation thereof That the Duty paid by this Act for the same shall be repaid by the respective Collectors of the Customs for the time being And it is hereby further Enacted That no moneys leviable and payable by this Act shall be applied or converted to any use or uses whatsoever Moneys leviable upon this Act shall be imployed onely to the use of the Mint other then to the defraying the charge or expence of the Mint or Mints and of the Assaying Melting down Waste and Coynage of Gold and Silver and the encouragement of the bringing in of Gold and Silver into the said Mint or Mints there to be Coyned into the current Coyns of this Kingdom Nor shall any of the said Moneys be issued out of the Exchequer but by Order or Warrant of the Lord Treasurer and Vnder-Treasurer or Commissioners of the Treasury for the time being to the Master and Worker or Masters and Workers of Your Majesties Mint or Mints for the time being and mentioning That they
of them then present have power to discharge such Fine or Imprisonment if they think fit And for non-payment of the Fine so imposed and not remitted to Imprison the Party offending until payment thereof which said Fines shall be paid to the Clerk of the Chest for the use of the maimed Seamen And that the examination of Witnesses be upon Oath before him or them which they any one or more of them are accordingly impowred to Administer And it is further by Authority aforesaid Enacted That the said Officers and Commissioners or any one or more of them in cases where greater example or punishment is néedful may also bind the person or persons so offending to their good behaviour with or without Securities as occasion shall be Imbezeling of Stores and Ammunition of the Navy And whereas divers of His Majesties Stores and Ammunition pertaining to His Navy and Shipping or Service thereof are imbezelled or filched away It is by the like Authority Enacted That the said Principal Officers and Commissioners or any one or more of them by Warrant under their Hands and Seals have power in like manner to inquire and search for the same in all places as Iustices of Peace may do in case of Felony and punish the Offenders by such Fine and Imprisonment as aforesaid and cause the Goods to be brought in again And if the Offence be of such nature as doth require an higher and severer punishment Then that they any one or more of them may commit such Offender to the next Gaol or to the custody of their Messenger or Messengers aforesaid till he or they offending enter into Recognizance with Surety or Sureties according to the nature of the Offence to appear and answer to the same in His Majesties Court of Exchequer or other Court where His Majesty shall question him or them for the same within one year following on Process duly served for that purpose on such Offender or Offenders And it is Declared and Enacted by the Authority aforesaid That they the said Principal Officers and Commissioners or any one or more of them may put in use the said Powers on the Offenders as aforesaid in all places where they hold an Office for His Majesty as well within Liberties as without Any Law Statute Ordinance Charter or Priviledge to the contrary notwithstanding Encouragement of Mariners and Souldiers serving in the Fleet. And for the better encouraging of such Mariners and Souldiers as now do or shall serve His Majesty in His Fléet or Ships during this War Be it further Enacted by the Authority aforesaid That no Ordinary Register or other Officer belonging to any Ecclesiastical Court or Court of Orphans or any Iurisdiction whatsoever within the Kingdom of England or Dominion of Wales or Town of Berwick shall take or receive of the Executor or Administrator Executors or Administrators of any Mariner or Souldier dying in the pay of His Majesties Navy during this present War above the sum of Twelve pence for the Probate of any Will Registring the same granting Letters of Administration exhibiting any Inventory or for any other matter or thing relating thereunto And for every default herein by wilful delay in the doing granting or executing the Premisses the person or persons so offending shall forfeit to the party grieved the sum of Ten pounds to be recovered by Action of Debt Bill Plaint or Information in any of His Majesties Courts of Record at Westminster or elsewhere wherein no Essoign Priviledge Protection or Wager of Law shall be allowed Any Law or Statute or Vsage to the contrary notwithstanding The Continuance of this Act. This Act to continue for Two years from the First day of February One thousand six hundred sixty and six and from thence to the end of the next Session of Parliament CAP. VIII Twelve hundred fifty six thousand three hundred fourty seven pounds thirteen shillings granted to the Kings Majesty towards the Maintenance of the present War VVE Your Majesties most Dutiful and Loyal Subjects the Commons assembled in Parliament as a further Aid and Assistance of Your Majesty during the present Wars have given and granted and by these presents do give and grant unto Your most Excellent Majesty the sum of Twelve hundred fifty six thousand three hundred fourty seven pounds thirteen shillings to be raised and levied in manner following And we do most humbly beseech 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 of the Commons in this present Parliament assembled and by the Authority of the same That the sum of Twelve hundred fifty six thousand three hundred fourty seven pounds thirteen shillings shall be raised levied and paid unto Your Majesty within the space of eleven Moneths in manner following that is to say Whereas in and by a certain Act of Parliament lately passed Entituled 16 17 Car. 2. cap. 1. An Act for granting a Royal Aid unto the Kings Majesty of Twenty four hundred threescore and seventeen thousand and five hundred pounds to be raised levied and paid in the space of three years It was amongst other things Enacted That the sum of threescore and eight thousand eight hundred and nineteen pounds and nine shillings by the Moneth for thirty six Moneths from the five and twentieth day of December One thousand six hundred sixty four should be assessed taxed collected levied and paid by twelve quarterly payments in the several Counties Cities Boroughs Towns and places within England and Wales and the Town of Berwick upon Tweed according to the several Rates and Proportions and in such manner as in the said Act is expressed And whereas also in and by one other Act of Parliament passed in the Sessions of Parliament lately held at Oxford Entituled 17 Car. 2. c. â An Act for granting the sum of Twelve hundred and fifty thousand pounds to the Kings Majesty for his present further Supply It was amongst other things further Enacted That the sum of fifty two thousand fourscore and three pounds six shillings eight pence by the Moneth for twenty four Moneths beginning from the five and twentieth day of December One thousand six hundred sixty and five should be likewise assessed taxed collected levied and paid by eight Quarterly payments in the several Cities Boroughs Towns and places within England and Wales and the Town of Berwick upon Tweed over and above the said sum of threescore and eight thousand eight hundred and nineteen pounds and nine shillings as an addition to and increase of the said Monethly Assessment according to the Rates and Proportions therein expressed Both which sums together amount unto the sum of one hundred and twenty thousand nine hundred and two pounds fifteen shillings eight pence by the Moneth And whereas also in and by one other Act of Parliament passed in the same Sessions Entituled An Act for Granting One