against him for discharging such prisoner Delayes in Suites by reason of 15 dayes between the Teste and Retorn of writs remedyed in actions personall And whereas very many Suits Commenced by Original Writs have béen protracted and long delayed from Iudgment and Execution by reason of the necessity of having fiftéen dayes at the least betwéen the dayes of the Teste and the dayes of Return of Writs now used in personal Actions and also in Actions of Ejectione Firmae for Lands and Tenements For remedy thereof and for the more easie expediting Trials and the better and more spéedy executing of Iudgments for the time to come Be it further Enacted by the Authority aforesaid That in all Actions of Debt and all other personal Actions whatsoever and also in all Actions of Ejectione firmae Ejectione firmae for Lands or Tenements now depending or which at any time hereafter shall be depending by Original Writ in either of His Majesties Courts aforesaid after any issue therein ioyned to be tried by a Iury and also after any Iudgment had or obtained or to be had or obtained in either of the Courts aforesaid Venire facias Habeas Corpora Jurator Distringas Jurator Fieri fac Capias ad satisfaciendum Capias ad satisfaciendum where Exigent lyeth after Iudgment or to make the Bail appear excepted 3. Jac. cap. 8. Touching staying executions by Supersedeas or Writs of Errour and what actions it may be stayd There shall not néed to be fiftéen dayes betwéen the Teste day and the day of Retorn of any Writ or Writs of Venire facias Habeas Corpora Juratorum or Distringas Juratores Writs of Fieri facias or Writs of Capias ad satisfaciendum and that the want of Fiftéen dayes between the Teste day and the day of Retorn of any such Writ shall not be nor shall be assigned taken or adjudged to be any matter or Cause of Errour any Law Custome Statute Course or Vsage to the contrary thereof in any wise notwithstanding Provided nevertheless that this Act nor any thing therein contained shall not Extend or be construed to Extend to any Writ of Capias ad Satisfaciendum whereon a Writ of Exigent after Iudgment is to be awarded nor to Capias ad Satisfaciendum against the Defendant in Order to make any Bail liable but that the same continue and be as if this Act had never béen made And whereas by an Act of Parliament made in the third year of the Reign of our late Soveraign Lord King James of Blessed Memory a very good Law was made for avoiding unnecessary delayes of Execution Whereby it is Enacted That no Execution shall be stayed or delayed upon or by any Writ of Errour or Supersedeas thereupon to be sued for the reversing of any Iudgment to be given in any Action or Bill of Debt upon any single Bond for Debt or upon any Obligation with Condition for payment of money onely or upon Action or Bill of Debt for Rent or upon any Contract sued in any of His Highness Courts of Record at Westminster or in the Counties Palatine of Chester Lancaster or Durham or in His Highness Courts of Great Sessions in any of the Twelve Shires of Wales unless such person or persons in whose name or names such Writ of Error shall be brought with two sufficient Sureties such as the Court wherein such Iudgment is or shall be given shall allow of shall first before such stay made or Supersedeas to be awarded be bound to the party for whom any such Iudgment was or should be given by Recognizance to be acknowledged in the same Court in double the sum adiudged to be recovered by the said former Iudgment to prosecute the said Writ of Error with effect and also to satisfie and pay if the said Iudgment shall be affirmed all and singular the Debts Damages and Costs adjudged or to be adjudged upon the former Iudgment And all Costs and Damages to be also awarded for the same delaying of Execution which Law hath béen found by experience to be very good and beneficial to the Common-Wealth And forasmuch as divers other Cases within the same mischief by delayes and staying of Execution by Writs of Error and Supersedeas thereupon are not provided for by the said Statute For further remedy against delayes and staying of Executions in the several Actions hereafter specified Be it further Enacted and Ordained by the Authority aforesaid In what Actions execution may be stayed by writ of Error by this Statute That from and after the twentieth day of January in the year of our Lord One thousand six hundred sixty and one no Execution shall be stayed in any of the Courts aforesaid by any Writ or Writs of Error or Supersedeas thereupon after any Verdict and Iudgment thereupon obtained in any Action of Debt grounded upon the Statute made in the second year of the Reign of the late King Edward the sixth for not setting forth of Tythes nor in any Action upon the Case upon any promise for payment of money Actions sur Trover Action of Covenant Detinue and Trespass unless such Recognizance and in such manner as by the said recited former Act is directed shall be first acknowledged in the said Court where such Iudgment is given And be it also Enacted by the Authority aforesaid The Defendant to have double Costs for delays of his Execution by writ of Error That if any person or persons after the said day shall Sue or Prosecute any Writ or Writs of Error for Reversal of any Iudgment whatsoever given after any Verdict in any of the Courts aforesaid and the said Iudgment shall afterwards be affirmed then every such person or persons shall pay unto the Defendant or Defendants in the said Writ or Writs of Error his or their double Costs to be assessed by the Court where such Writ of Error shall be depending for the delaying of Execution Provided nevertheless that this Act nor any thing therein contained Popular actions or upon a penal Law Indictments c. not within this Statute shall not extend to any Action Popular nor unto any other Action which is or hereafter shall be brought upon any penal Law or Statute except Debt for not setting out Tythes as aforesaid nor to any Indictment Presentment Inquisition Information or Appeal any thing herein before expressed to the contrary thereof notwithstanding CAP. III. 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 EXP. CAP. IV. For enabling the Kings Majesty to make Leases Grants and Copies of Offices Lands Tenements and Hereditaments parcel of his Highness Dutchy of Cornwall or annexed to the same and for Confirmation of Leases and Grants already made WHereas a great part of the Lands part of and annexed to the Dutchy of Cornwall Stat. 22 Jac.
Hereditaments Escheated or Forfeited by reason of such Attainder and all Title to any Measne Profits by reason of such Conviction Outlawry Attainder or Grant be from henceforth repealed and discharged And that all Escheats Forfeitures and Confiscations by reason of such Outlawries Conviction or Attainder Be and are hereby restored unto such persons so Outlawed Convicted or Attainted their Heirs Executors and Administrators respectively as if no such Attainder had béen Sales made by Ordinance of Parliament Provided Nevertheless And be it Enacted That this Act or any thing herein contained shall not extend to avoid or confirm any Sales or Estates made by vertue or pretence of any Act Order or Ordinance or reputed Act Order or Ordinance of Parliament since the first day of May in the Year of our Lord One thousand six hundred forty two nor any Confirmation thereof made or to be made thereof in this present Parliament but that such sales stand and be in the same plight and condition as they should or might have done if this Act had not béen made Recognizances Obligations c. in the names of the late Protector And be it further Enacted by the Authority aforesaid That all Recognizances Obligations or other Securities made or given to the Kéepers of the Liberty of England by Authority of Parliament or to Oliver Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions thereunto belonging or to Oliver Lord Protector of the Common-wealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging Or to Richard Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging and not pardoned or discharged by any Act passed or to be passed this present Parliament or otherwise other then such Recognizances Obligations and Securities as have béen made and given to any the pretended power or persons aforesaid or to any deriving or pretending to derive Authority from them by any person or persons for or by reason of their adherence to His Majesty or His said late Royal Father or relating to or arising only upon or in respect of the late Troubles All which are hereby declared to be void and to be delivered up to be Cancelled And all Iudgments Extents Inquisitions Executions and Seizures had for the said Kéepers or Protectors or any of them and not likewise pardoned or discharged other then as aforesaid shall and may be had and prosecuted in the name and to the use of his Majesty his Heirs or Successors and also excepting all Obligations Bonds or Recognizances entred into to the said Kéepers or Protectors or any of them by any person or persons by Order or Direction of any Council of State Committée of Safety Major Generals Decimators or any Officer or other person under them or any other Military power all which Obligations Bonds and Recognizances are hereby discharged and declared to be null and void to all intents and purposes Provided also and be it Enacted That this Act or any thing therein contained Iustices Serjeants c. Commissioners of Sewers shall not extend to continue after the Eighth day of May in the year of our Lord One thousand six hundred and sixty any Iustice or Iustices of one Bench or the other or Barons of the Exchequer Serjeants at Law Commissions of Sewers Commissions of Bankrupts or of charitable uses made or constituted by or in the Name or Stile of any the late pretended powers or authorities Provided alwayes That it shall and may be lawful to and for every person and persons Writs of Errour may be brought who shall find themselves grieved or damnified by any Iudgment Fine Recovery Decrée or Sentence given made levied granted or pronounced in any of the said Courts to procéed in due form of Law either by Writ of Errour Bill of Review Appeal or other lawful remedy for the Reversing Annulling or Revoking of the same in such manner as they might at any time heretofore have done if the said Courts had béen established by lawful Authority other then for those Errours and Defects which are remedied or provided for by this Act. Provided alwayes And be it further Enacted by the Authority aforesaid Non-claim upon Fines of lands sold by Ordinance of Parliament That no Non-claim upon or after any Fine or Fines hereby made good or confirmed shall extend or be construed to Bar or Prejudice any person or persons their Heirs or Successors or their Feoffées or Trustées other then the parties to the said Fines and their Heirs general and special and his and their Trustées as concerning such Right Claim and Interest as they had in or to any Lands Tenements or other Hereditaments which by colour of any Act Order or Ordinance of both or either Houses of Parliament or any Convention sitting at Westminster under the Name or Stile or assuming the Name or Stile of a Parliament since the First day of May in the year of our Lord One thousand six hundred forty and two and before the Five and twentieth day of April in the year of our Lord one thousand six hundred and sixty were Sold Conveyed or Disposed as then or late the Lands Tenements and Hereditaments of the King Quéen or Prince or of Archbishops Bishops Deans Deans and Chapters or other Ecclesiastical persons or as the Lands Tenements and Hereditaments of any other persons for their Adherency to the late King or his Majesty that now is or for any their Actings relating to or in respect of the late Troubles so alwayes that the said person or persons aforesaid their Heirs or Successors pursue their Title Claim or Interest by way of Action or lawful Entry within five years next after the Nine and twentieth day of May in the year of our Lord one thousand six hundred and sixty And although in this Confirmation of Iudicial Procéedings The late Government declared to be usurped it was necessary to mention Divers pretensed Acts and Ordinances by the Names and Stiles which those Persons then Vsurped who took upon them to pass the same Namely some by the Stile and Name of the Kéepers of the Liberty of England by Authority of Parliament and others by the Name and Stile of Protectors of the Commonwealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging Yet this present Parliament doth Declare and it is further Enacted by Authority of the same That the Names and Stiles aforesaid and every of them are most Rebellious Wicked Trayterous and Abominable Vsurpations Detested by this present Parliament Recognition of his Majesties just title as Opposite in the Highest Degrée to His Sacred Majesties most Iust and Vndoubted Right to whom and to his Heirs and Lawful Successors the Imperial Crowns of the Realms of England Scotland and Ireland with their and every of their Dominions and Territories do of Right appertain and as violating and Infringing the just Rights and
offending to Gaol till the next Sessions there to be indicted and procéeded against for the same and that the Officers and Inhabitants of the Village or Parish where such offence shall happen shall be assistant therein and moreover the party grieved shall have his Action or Actions against such offender or offenders and therein recover his treble damages and treble costs In which Action no Essoin Wager of Law Aid-prayer Priviledge Protection Imparlance Iniunction or Order of Restraint No action upon this Statute to be stayed but by Order of the Court where such action depends shall be granted or allowed And if any person or persons shall after notice given that the Action depending is grounded upon this Statute cause or procure any Action at the common Law grounded on this Statute to be delayed or stayed before Iudgment by colour or means of any Order Power Warrant or Authority save onely of the Court where such Action shall be brought and depending or after Iudgment had upon such Action shall cause or procure Execution of such Iudgment to be stayed or delayed by colour or means of any Order Warrant Power or Authority save only by Writ of Errour or Attaint or Order of such Court where such Writof Errour or Attaint shall be depending That then the person so offending shall incur the pains penalties Premunire and forfeitures ordained and provided by the Statute of Provision and Premunire made in the sixtéenth year of the Reign of King Richard the second Provided alwayes That this Act extend not to prejudice any of His Majesties Rights Titles or Duties of in or to or out of any Tinne in the Stannaries of Devon and Cornwall Proviso for the Stannaries Butserage Prisage nor to prejudice the ancient Duties of Butlerage and Prizage of Wines but that the same shall be in the same plight that the same were before the making of this Act any thing herein contained to the contrary in any wise notwithstanding Recompence to his Majesty for the Court of Wards and Purveyances And now to the intent and purpose that His Majesty His Heirs and Successors may receive a full and ample Recompence and Satisfaction as well for the profits of the said Court of Wards and the Tenures Wardships Liveries Primer-Seizins Ousterlemaines and other the Premisses and Perquisites incident thereunto and for all Arrears any way due for the same as also for all and all manner of Purveyance and Provisions herein before mentioned and intended to be taken away and abolished and all sums of money due or pretended to be due or payable for and in respect of any compositions for the same 12 Car. 2. cap. 23. Rates of the Excise Be it therefore Enacted by the Authority aforesaid That there shall be paid unto the Kings Majesty His Heirs and Successors for ever hereafter in recompence as aforesaid the several Rates Impositions Duties and Charges herein after expressed and in manner and form following that is to say For every Barrel of Beer or Ale above six shillings the barrel brewed by the Common Brewer or any other Person or Persons who doth or shall sell or tap out beer or Ale publickly or privately to be paid by the common Brewer or by such other person or persons respectively and so proportionably for a greater or lesser quantity One shilling three pence XV. d. For every barrel of Six shillings Beer or Ale or under brewed by the common Brewer or any other person or persons who doth or shall sell or tap out such Beer or Ale publickly or privately to be paid by the said common Brewer or by such other person or persons respectively as aforesaid and so proportionably for a greater or lesser quantity three pence iij. d. For all Syder and Perry made and sold by retail upon every Hogshead to be paid by the Retayler thereof and so proportionably for a greater or lesser measure One shilling three pence XV. d. For all Metheglin or Mead sold whether by Retail or otherwise to be paid by the maker thereof upon every Gallon One half-penny Ob. For every Barrel of Beer commonly called Vinegar-Beer brewed by any common Brewer in any common Brew-house six pence Vi. d. For every Gallon of Strong-water or Aquavitae made and sold to be paid by the maker thereof One penny i. d. For every barrel of Beer or Ale Imported from beyond the Seas Three Shillings iij. s. For every Tun of Syder or Perry Imported from beyond the Seas and so proportionably for a greater or lesser quantity Five shillings V. s. For every gallon of Spirits made of any kind of Wine or Syder Imported Two pence ij d. For every gallon of Strong-water perfectly made Imported from beyond the Seas Four pence iiij d. For every Gallon of Coffee made and sold to be paid by the maker Four pence iiij d. For every gallon of Chocolatte Sherbet and Tea made and sold to be paid by the maker thereof Eight pence Viij d. And be it further Enacted and Ordained by the Authority aforesaid That the several Rates Rates of Excise upon forreign Liquors imported to be paid in money before landing Duties and Charges of Excise or New Impost above mentioned hereby set or imposed upon all and every the said Forreign Liquors which shall be Imported or brought into all or any the Ports of this Kingdom and Dominions thereof aforesaid from and after the five and twentieth day of December next shall be from time to time satisfied and paid by the Merchant or Merchants Importer or Importers of the same in ready money upon his or their Entry or Entries made and before the landing thereof And be it further Enacted by the Authority aforesaid Entries to be made at the Office of Excise by Common Brewers Inn-keepers c. That all common Brewers of Béer and Ale shall once in every Wéek And all Inn-kéepers Alehouse-kéepers Victuallers and other Retaylers of Béer Ale Syder Perry Metheglin or Strong-water Brewing Making or Retailing the same shall once in every moneth make true and particular Entries at the Office of Excise within the limits of which the said Commodities and Manufactures are made of all Béer Ale Perry Syder Metheglin Strong-Water or other the Liquors aforesaid which they or any of them shall Brew make or Retail in that Wéek and Moneth respectively as aforesaid And be it further Enacted by the Authority aforesaid That all such common Brewers The penalty for not making Entries who do not once a Wéek make due and particular Entries shall forfeit ten pounds And that every such Inn-kéeper who doth not make true and particular Entries once a Moneth shall forfeit five pounds And that every Alehouse-kéeper Victualler or other Retailer who doth not once a moneth make due and particular Entries shall forfeit twenty shillings And be it further Enacted by the Authority aforesaid That every Common Brewer The penalty for not paying who shall not pay and clear off
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
paratus est verificare or Hoc paratus est verificare per Recordum or for not alledging Prout patet per Recordum or for that there is no right Venue so as the Cause were tried by a Iury of the proper County or Place where the Action is laid Nor any Iudgment after Verdict Confession by Cognovit Actionem or Relicta verificatione shall be reversed for want of Misericordia or Capiatur or by reason that a Capiatur is entred for a Misericordia or a Misericordia is entred where a Capiatur ought to have been entred Nor for that Ideo concessum est per Curiam is entred for Ideo consideratum est per Curiam nor for that the Increase of Costs after a Verdict in an Action or upon a Nonsuit in Replevin are not entred to be at the request of the party for whom the Iudgement is given nor by reason that the Costs in any Iudgment whatsoever are not entred to be by consent of the Palintiff but that all such Omissions Variances Defects and all other matters of like nature not being against the right of the matter of the suit nor whereby the Issue or Trial are altered shall be amended by the Iustices or other Iudges of the Courts where such Iudgements are or shall be given or whereunto the Record is or shall be removed by Writ of Error Proviso for Appeals Indictments Actions upon penal Laws other then for Customs and Subsidies Provided alwayes and be it further Enacted by the Authority aforesaid That this Act or any thing therein contained shall not extend to any Writ Declaration or suit of Appeal of Felony or Murder nor to any Indictment or Presentment of Felony Murder Treason or other matter nor to any Processe upon any of them nor to any Writ Bill Action or Information upon any penal Statute other then concerning Customes and Subsidies of Tunnage and Poundage Any thing in this Act contained to the contrary thereof in any wise notwithstanding And be it further Enacted by the Authority aforesaid That from and after the Twentieth day of March III. In what cases execution shall not be stayed by Writ of Error but upon Recognizance entred according to ◠Jac. cap. 8. in the Year of our Lord One thousand six hundred sixty and four no Execution shall be stayed in any of the aforesaid Courts by Writ of Error or Supersedeas thereupon after Verdict and Iudgment thereupon in any Action personal whatsoever unless a Recognizance with Condition according to the Statute made in the Third year of the Reign of our late Soveraign Lord King James shall be first acknowledged in the Court where such Iudgement shall be given And further That in Writs of Error to be brought upon any Iudgement after Verdict in any Writ of Dower or in any Action of Ejection◠Firmae no execution shall be thereupon or thereby stayed unless the Plaintiff or Plaintiffs in such Writ of Error shall be bound unto the Plaintiff in such Writ of Dower or Action of Ejectione firmae in such reasonable sum as the Court to which such Writ of Error shall be directed shall think fit with Condition that if the Iudgment shall be affirmed in the said Writ of Error or that the said Writ of Error be discontinued in default of the Plaintiff or Plaintiffs therein or that the said Plaintiff or Plaintiffs be nonsuit in such Writs of Error that then the said Plaintiff or Plaintiffs shall pay such Costs Damages and sum and sums of Money as shall be awarded upon or after such Iudgment affirmed Discontinuance or Nonsuit had And to the end that the same sum and sums and damages may be ascertained Proviso touching judgment in Dower and Ejectione firmae It is further Enacted That the Court wherein such Execution ought to be granted upon such Affirmation Discontinuance or Nonsuit shall issue a Writ to enquire as well of the mean profits as of the damages by any Waste committed after the first Iudgment in Dower or in Ejectione firmae And upon the Return thereof Iudgment shall be given and Execution awarded for such Mesne-profits and damages and also for Costs of Suit Provided That this Act nor any thing therein contained shall not extend to any Writ of Error to be brought by any Executor or Administrator nor unto any Action popular To what actions this Act shall not extend nor unto any other Action which is or hereafter shall be brought upon any Penal Law or Statute except Actions of Debt for not setting forth of Tythes nor to any Indictment Presentment Inquisition Information or Appeal Any thing herein before expressed to the contrary thereof in any wise notwithstanding Provided always That this Act shall continue in force for three years The continuance of this Act. and to the end of the next Session of Parliament after the expiration of the said thrée years and no longer CAP. IX The Chancellour of the Dutchy impowred to grant Commissions for taking Affidavits within the Dutchy-Liberties FOr the greater ease and benefit of the Inhabitants within the County Palatine of Lancaster and other places within several other Counties of this Kingdom within the Survey of the Court of Dutchy-Chamber at VVestminster in the taking of Affidavits in the County to be made use of and read in Causes depending and to be depending within the said Court Be it Enacted by the Kings most Excellent Maiesty 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 Chancellor of the said Dutchy and County Palatine of Lancaster for the time being shall and may by one or more Commission or Commissions from time to time as need shall require impower what and as many persons as he shall think fit and necessary within the said County Palatine and other Dutchy Liberties to take and receive all and every such Affidavit or Affidavit's as any person or persons shall be willing and desirous to make before any of the persons so impowred in or concerning any cause matter or thing depending or hereafter to be depending in the said Court of Dutchy-Chamber as Masters of Chancery in Extraordinary do use to do which said Affidavits shall be filed in the Office of the Clerk of the Court of the Dutchy and then be read and made use of in the said Court to all intents and purposes as other Affidavits taken in the said Court now are Provided That for the taking of every such Affidavit the person or persons so impowred and taking the same shall for so doing receive only the Sum or Fée of Twelve pence and no more CAP. X. An Act for Repairing the High-ways within the County of Hertford continued WHereas by a late Act of Parliament Intituled An Act for repairing the High-ways within the Counties of Hertford Cambridg and Huntington It was Enacted 15 Car. 2. c. 1. That for the Repairing 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 Shipâ—rits VVHereas divers Writs of late time issued under the Great Seal of England commonly called Ship-Writs for the charging of the Ports Towns Cities Burroughs and Counties of this Realm respectively Certioraries to provide and furnish certain Ships for his Majesties service Mittimus And whereas upon the Execution of the same Writs and Returns of Certioraries thereupon made and the sending the same by Mittimus into the Court of Exchequer Process hath béen thence made against sundry persons pretended to be charged by way of Contribution for the making up of certain sums assessed for the providing of the said Ships and in especial in Easter Term Scire facias against John Hampden Esquire Demurrer in the thirtéenth year of the Reign of our Soveraign Lord the King that now is a Writ of Scire facias was awarded out of the Court of Exchequer to the then Sheriff of Buckingham-Shire against John Hampden Esquire to appear and shew cause why he should not be charged with a certain sum so assessed upon him upon whose appearance and demurrer to the procéedings therein the Barons of the Exchequer adjourned the same case into the Exchequer-Chamber where it was solemnly argued divers dayes and at length it was there agréed by the greater part of all the Iustices of the Courts of Kings Bench and Common Pleas and of the Barons of the Exchequer there assembled That the said John Hampden should be charged with the said sum so as aforesaid assessed on him The main grounds and reasons of the said Iustices and Barons which so agréed being that when the good and safety of the Kingdom in general is concerned and the whole Kingdom in danger the King might by Writ under the Great Seal of England command all the Subjects of this His Kingdome at their charge to provide and furnish such manner of Ships with Men Victuals and Munition and for such time as the King should think fit for the defence and safeguard of the Kingdom from such danger and peril and that by Law the King might compel the doing thereof in case of refusal or refractorinses and that the King is the sole Iudg both of the danger and when and how the same is to be prevented and avoided according to which grounds and reasons all the Iustices of the said Courts of Kings Bench and Common Pleas and the said Barons of the Exchequer having béen formerly consulted with by his Maiesties command Extrajudicial Opinion had set their hands to an extraiudicial opinion expressed to the same purpose which Opinion with their names thereunto was also by his Majesties command inrolled in the Courts of Chancery Kings Bench Common Pleas and Exchequer and likewise entred among the Remembrances of the Court of Star-Chamber Iudgment and according to the said agréement of the said Iustices and Barons Iudgment was given by the Barons of the Exchequer That the said John Hampden should be charged with the said sum so assessed on him And whereas some other Actions and Proces depend and have depended in the said Court of Exchequer and in some other Courts against other persons for the like kind of charge grounded upon the said Writs commonly called Shipwrits all which Writs and procéedings as aforesaid were utterly against the Law of the Land Shipmoney proceedings thereupon contrary to Law Be it therefore declared and Enacted by the Kings most excellent Majesty and the Lords and Commons in this present Parliament assembled and by the Authority of the same That the said charge imposed upon the Subject for the providing and furnishing of Ships commonly called Ship-money and the said extrajudicial opinion of the said Iustices and Barons and the said Writs and every of them and the said agréement or opinion of the greater part of the said Iustices and Barons and the said judgment given against the said John Hampden were and are contrary to and against the Laws and Statutes of this Realm the right of property the liberty of the Subjects former resolutions in Parliament and the Petition of Right made in the third year of the Reign of his Maiesty that now is St. 3 Car. 1. Petition of right to be observed And it is further declared and Enacted by the Authority aforesaid That all and every the particulars prayed or desired in the said Petition of Right shall from henceforth be put in execution accordingly and shall be firmly and strictly holden and observed as in the same Petition they are prayed and expressed and that all and every the Records and remembrances of all and every the Iudgment Iudgments proceedings touching ship-money and all entries records inrolments thereof made void Inrolments Entry and procéedings as aforesaid and all and every the procéedings whatsoever upon or by pretext or colour of any of the said Writs commonly called Ship-Writs and all and every the Dependents on any of them shall be Déemed and Adiudged to all intents constructions and purposes to be utterly void and disannulled and that all and every the said Iudgment Inrolments Entries Procéedings and Dependents of what kind soever shall be vacated and cancelled in such manner and forme as Records use to be that are vacated CAP. XV. Touching Incroachments and Oppressions in the Stannary Courts WHereas King EDWARD the first of famous memory did for the Amendment of the Stannaries in the County of Devon E. 1. Charter grant divers Franchises and Liberties to the Tinners there And whereas in the Parliament in the fiftieth year of King EDWARD the third upon the petition of the Commons of the County of Devon certain Branches and Articles of the said Charter were explained in manner following That is to say whereas one Article of the said Charter is in these words following Explained 50 E. 3. viz. Sciatis nos ad emendationem Stannariarum nostrarum in Com. Devon ad tranquilitatem utilitatem Stannatorum nostrorum praedictorum earundem Concessisse pro nobis haeredibus
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 diâ—â—â—ed 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 Inâ—ury 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
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 Fabric◠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
shall cause to be proclaimed in the Market Town next to such place Penalty for taking more then limited for lodging c. and in such of the Neighbouring Towns and Villages as to them shall séem méet to the end that notice may be taken of such Rates and Prices And if any person shall take any other sum then what is or shall be so limited either for Lodging Horse-meat Stable-room or other such accomodations and be thereof convicted by confession of the party or by the Oath of one credible witness before any one Iustice of the Peace which Oath the said Iustice of the Peace is hereby authorized to administer That then in such case every person so offending shall forfeit and pay to the party grieved the sum of Forty shillings the same to be levied by distress by Warrant from the said Iustice of the Peace and sale thereof returning the overplus to the party the charge of the distraining being first deducted This Act to have continuance till the end of the first Session of the next Parliament and no longer CAP. IX Articles and Orders for the regulating and better Government of His Majesties Navies Ships of War and Forces by Sea FOr the regulating and better Government of his Majesties Navies Ships of War and Forces by Sea wherein under the good Providence and Protection of God the Wealth Safety and Strength of this Kingdom is so much concerned Articles to be observed Be it Enacted by the Kings most Excellent Majesty with the advice and consent of the Lords and Commons in this present Parliament assembled and by the Authority thereof That all and every the Articles and Orders in this Act mentioned shall be duely and respectively put in Execution observed and obeyed in manner hereafter mentioned I. The publick Worship of God THat all Commanders Captains and other Officers at Sea shall cause the publick Worship of Almighty God according to the Liturgy of the Church of England established by Law to be solemnly orderly and reverently performed in their respective Ships And that prayers and preachings by the respective Chaplains in holy Orders of the respective Ships be performed diligently and that the Lords Day be observed according to Law II. Swearing Drunkenness c. Every person and persons in his Majesties pay using unlawful and rash Oaths Cursings Execrations Drunkenness Vncleanness or other Scandalous Actions in derogation of Gods Honour and corruption of good manners shall be punished by Fine Imprisonment or otherwise as the Court-Martial shall think fit III. Holding any forreign Intelligence If any Officer Mariner Souldier or other person in the Fléet shall give hold or entertain Intelligence to or with any King Prince or State being Enemy to or any persons in Rebellion against his Majesty his Heirs and Successors without direction or leave from the Kings Majesty the Lord High Admiral Vice-Admiral or Commander in Chief of any Squadron every such person or persons so offending shall be punished with death IV. Letters or Messages from any forreign Prince c. Enemy to the King If any Letter or Message from any King Forrein Prince State or Potentate being an Enemy to the Kings Majestie his Heirs and Successors or on their behalf be conveyed to any Inferiour Officer Mariner or Souldier or other in the Fléet and the said Officer Mariner Souldier or other as aforesaid do not within twelve hours having opportunity so to do acquaint the Superiour Commander with it or if a Superiour Officer or Mariner being acquainted therewith by an Inferiour Officer Mariner or other or himself in his own person receiving a letter or message from any such Enemy or Rebel and shall not in convenient time reveal the same to the Admiral Vice-Admiral or the Commander of the Squadron every such person shall be punished with death or such other punishment as the Court-Martial shall think fit V. Relieving of any Enemy No person or persons of the Fléet shall relieve an Enemy or Rebel in time of War with money Victuals Powder Shot Arms Ammunition or any other Supplies whatsoever directly or indirectly upon pain of death or such other punishment as the Court-Martial shall think fit to impose VI. Papers Charter-Parties c. taken in any Ship seised as Prize All the Papers Charter-Parties Bills of Lading Pasports and other Writings whatsoever that shall be taken seized or found aboard any Ship or Ships which shall be surprised or seised as Prize shall be duly preserved and not torn nor made away but the very Originals sent up intirely and without fraud to the Court of Admiralty or such other Commissioners as shall be appointed for that purpose there to be viewed made use of and procéeded upon according to Law upon pain of loss of all the shares of the Takers and such further punishment to be inflicted upon the Offenders therein as the quality of their offence and misdemeanor shall be found to deserve and the Court-Martial shall impose VII Prize Ships or Goods seised for prize None in his Majesties pay shall take out of any Prize or Ship or Goods seized on for Prize any Money Plate Goods Lading or Tackle before Iudgment thereof first past in the Admiralty Court but the full and intire accompt of the whole without imbezelment shall be brought in and Iudgment past intirely upon the whole without fraud upon pain of such punishment as shall be imposed by a Court-Martial or the Court of Admiralty excepting That it shall be lawful for all Captains Sea-men Souldiers and others serving as aforesaid to take and to have to themselves as Pillage without further or other accompt to be given for the same all such Goods and Merchandizes other then Arms Ammunition Tackle Furniture or Stores of such Ship as shall be found by them or any of them in any Ship they shall take in fight or prize upon or above the Gun-deck of the said Ship and not otherwise VIII Imbezeling any Cables Anchors c. None shall imbezle steal or take away any Cables Anchors Sails or any of the Ships Furniture or any of the Powder or Arms or Ammunition of the Ship upon pain of death or other punishment as the quality of the offence shall be found by a Court-Martial to deserve IX Forrein ships taken as prize not making resistance If any Forrein Ship or Vessel shall be taken as prize that shall not fight or make resistance that in that case none of the Captains Masters or Mariners being Forreiners shall be stripped of their Clothes or in any sort pillaged beaten or evil entreated upon pain That the person or persons so offending shall forfeit double Damages but the said Forrein Ships and all the Goods so taken shall be preserved intire to receive Iudgment in the Admiralty Court according to Right and Iustice X. Every Captain or Commander who upon signal or order of fight or view The duty of Captains c. upon signal of
Act to the contrary notwithstanding And the said Sheriffs shall deduct out of their payments Four pence in the pound whereof Thrée pence to be for themselves and One penny for the Clerk of the Peace to be recovered as aforesaid Officers of the Exchequer shall discharge persons who pay the duties without any Fee And that His Majesties Officers in his said Court of Exchequer shall discharge all such persons who paid their respective Duties without taking any Fées for the same and shall also issue out Process to levy the said duty upon such persons who shall fail in payment thereof where no distress can be found to be taken according to this Act. The said Revenue shall be paid into the Exchequer And not charged with any grant or Pension And be it further Enacted by the Authority aforesaid That the Revenue and Sum of money arising by vertue of this Act Except what shall be allowed to the aforesaid Officers and Ministers for Collecting the same shall be duly and constantly paid and answered into His Majesties Court of Exchequer and shall not be particularly charged or chargeable either before it be paid into the Exchequer or after with any Gift Grants or Pension whatsoever And that all and every Grants of any such Pensions and all and every clause of Non obstante therein contained shall be and is hereby declared to be utterly void and all and every the persons to whom such Grants are passed shall be and are hereby made Accomptants unto His Majesty Grantees of the same shall be accomptanes His Heirs and Successors and shall pay back all sums of money received by pretence of such Grant and the Court of Exchequer shall be and is hereby enjoyned to Issue out Process accordingly And be it further Enacted by the Authority aforesaid That if any Action Bill Plaint Suit Persons acting upon this Statute being sued therefore may plead the general Issue or Information shall be Commenced or Prosecuted against any person or persons for what he or they shall do in pursuance or execution of this Act such person or persons so Sued shall and may plead the general Issue Not guilty And upon Issue joyned may give this Act and the special matter in Evidence and if the Plaintiff or Prosecutor shall become Nonsuit or suffer discontinuance or if a Verdict pass against him or if upon a Demurrer Iudgement pass against him Treble Costs to the Defendants the Defendant shall recover treble Costs for which there shall be like remedy as in any case where Costs by Law are given to the Defendants And be it further Enacted by the Authority aforesaid Increases of Hearths or Stoves which may happen That where any Increase or Decrease of such Hearths or Stoves shall hereafter happen that an account in writing of the same shall be had and made in like manner as the same is directed to be first taken returned and inrolled by this Act and a Duplicate thereof sent into the Exchequer in such sort as is before directed Decreases how discharged And from thenceforth the Owner or Occupier of such House where such Decrease is shall be discharged proportionably without any further pleading in the Exchequer Provided always That no person or persons shall be charged prosecuted Arrerages not to be charged or sued for but within 2 years next after they become due or brought to account for the Arrerages of any Duty or Arrerages of Revenue raised by this Act unless the said Suit shal commence within two years and be brought to a Iudgement within four years and the Duty levied within five years next after the same shall grow due Provided always That no person who by reason of his poverty Poor people exempted or the smallness of his Estate is exempted from the usual Tares Payments and Contributions towards the Church and Poor shall be charged or chargeable with any the Duties by this Act Imposed Any thing herein before to the contrary notwithstanding Provided always and be it hereby Enacted That if the Church-wardens and Overséers of the Poor of the Parish together with the Minister of the same or any two of them whereof the Minister to be one shall in writing under their hands yearly certifie their belief that the house wherein any person doth Inhabit is not of greater value then of Twenty shillings per annum upon the full improved Rent And that neither the person so Inhabiting nor any other using the same Messuage hath useth or occupieth any Lands or Tenements of their own or others of the yearly value of Twenty shillings per annum nor hath any Lands Tenements Goods or Chattels of the value of Ten pounds in their own possession or in the possession of any other in trust for them That then in such case upon such Certificate made to the two next Iustices of Peace and allowed for which Certificate and allowance no Fée shall be paid the person on whose behalf such Certificate is made shall not be returned by the Constable or other Officer And the said house is hereby for that year discharged of and from all the Duties by this Act imposed Any thing herein to the contrary notwithstanding Provided also and be it Enacted by the Authority aforesaid That if any person or persons Further Penalty upon any person that shall accept or procure any pension Gift or grant for years c. bodies Politick or Corporate shall at any time hereafter procure or accept of from the Kings Majesty His Heirs or Successors any Pension Gift or Grant for years life or any other Estate or any sum or sums of money out of the Revenue arising by vertue of this Act that then such person or body Politick or Corporate procuring or accepting the same shall forfeit double the value of such Pension Gift or Grant The one moyety of which forfeiture shall be to the use of the poor of the Parish or Parishes where the said Offenders be or inhabit to be recovered by the Church-wardens the other moyety to him that will sue for the same by Action of Debt Bill Plaint or Information Provided that this Act Blowing houses Stamps Furnaces Kilns Ovens Hospitals or any thing herein contained shall not extend to charge any Blowing-house and Stamp Furnace or Kiln or any private Oven within any of the houses hereby charged nor any Hearth or Stove within the scite of any Hospital or Alms-house for the relief of poor people whose Endowment and Revenue doth not excéed in true value the sum of One hundred pounds by the year Provided The payments and duties charged only upon the Occupiers That the payments and duties hereby charged shall be charged only on the Occupier for the time being of such Hearth or Stove dwelling in such house whereto such Hearth or Stove shall be belonging his Executors or Administrators and not on the Landlord who Let or Demised the same his Heirs Executors or Assigns
such Rate is made whereby they shall have power for their several Counties to raise upon the Parishes that lie in or near the said Road and so will have a benefit therefrom such sum or sums of money as they shall sée fit and convenient for the spéedy effecting of the said Repairs before mentioned which said sum and sums so to be rated as aforesaid shall be paid to the Surveyors for the respective County where such Rate is made or to their Receiver or Collector to be imployed for the repairing of the said Ways and places afore-mentioned and not otherwise And in case any person shall refuse to pay such rate so to be made That it shall and may be lawful for the said Surveyors or their said Receivers and Collectors to distrain for such sum or sums of money and the distress to sell rendring the overplus to the Owners Provided always and it is Enacted by the Authority aforesaid That the said money so advanced by the said several Towns in the said respective Counties shall again be repayed with Interest by the several Surveyors for the several Counties as it doth arise out of the said Toll every County paying for what is so borrowed within its own County and no further And be it further Enacted by the Authority aforesaid That if any person or persons not having any lawful cause to be allowed as aforesaid The Penalty for refusing to take the Office of Surveyor shall neglect or refuse to take upon him or them the said Office of Surveyor being thereunto nominated and chosen according as by this Act is appointed or to do or perform his or their duty in the due and spéedy execution of this present Act the said Iustices of the Peace for the several and respective Counties where such Surveyor or Surveyors dwell at their Quarter-Sessions shall and may hereby have power to impose on such person or persons so refusing or neglecting such Fine or Fines not excéeding Ten pounds upon each person so refusing or neglecting as to them shall séem méet and to cause the same to be levied by distress and sale of his or their Goods rendring to the party so distrained the overplus if any shall be Fines and Forfeitures upon this Act how to be paid and disposed And be it further Enacted by the Authority aforesaid That all Fines or Forfeitures to be imposed or incurred by vertue of this Act shall be paid to the Surveyors for the time being or any thrée of them or the Treasurers of the said Surveyors for the said respective Counties for and towards the repairing of the said High-ways and places aforesaid And in case of refusal or if any person or persons so chosen to take upon him or them the said Office shall happen to die or shall for any lawful impediment be discharged from the said Office that then some other fit person or persons within that County shall be appointed by two or more Iustices in the said County living near the said High-way and places aforesaid in the place of him or them that shall so refuse die or be discharged and the person or persons so chosen shall and are hereby required upon notice thereof to him or them given under the hands and seals of the said Iustices by whom he or they shall be so chosen to take upon him or them the said Office of Surveyor and to execute the same in such manner and under such and the like penalties as if he or they had béen chosen by the Iustices at their Sessions of the Peace in manner as aforesaid Suits upon this Act shall be laid in the proper County And the Defendant may plead the general Issue And be it further Enacted by the Authority aforesaid That if any Suit shall be commenced against any person for any thing done in pursuance of this present Act That in every such case the Action shall be laid in the said respective Counties where the Cause doth arise and not elsewhere and the Defendant in such Action so to be brought may plead the general Issue and give this Act and the special matter in evidence at any Tryal to be had thereupon and that the same was done in pursuance and by Authority of the said Act And if it shall so appear to be done and that such Action shall be brought in any other County That then the Iury shall find for the Defendant and upon such Verdict or if the Plaintiff shall be non-suited or discontinue his Action after the Defendant shall have appeared or if upon Demurrer Iudgment shall be given against the Plaintiff the said Defendant shall have and recover his double Costs Double Costs and have the like remedy for the same as any Defendant hath in any other case by Law Toll not to be paid twice in the same day Provided always That no person or persons having occasion to passe any place where the Toll is taken and return the same day with the same Horse Coach Waggon or other Carriage or with Cattel shall be compelled in the same day to pay the said Toll a second time Any thing in this Act to the contrary notwithstanding Provided also That all and every person and persons who by Law are chargeable towards the repairing of the said High-ways and places aforesaid shall still remain so chargeable Any thing in this Act to the contrary thereof in any wise notwithstanding The continuance of this Act for 11. years only Proviso for exempting certain persons and things from paying any Toll Provided also That neither this Act nor any thing therein contained shall extend to any further time or be of force any longer then the term of Eleven years to be accounted from the passing of this Act Any thing in this Act to the contrary notwithstanding Provided always That all and every person and persons passing through the respective places appointed for the receiving of Toll as aforesaid viz. at Wades-Mill for the County of Hertford at Caxton for the County of Cambridge and at Stilton for the County of Huntington and coming immediately and primarily to and from the several Parishes of Standen Thundridge Ware and Bengeo adjacent to Wades-Mill in the said County of Hertford and Stowe great Papworth little Papworth Borne and Elsley adjacent to Caxton in the said County of Cambridge and Yaxley Washingley Glatton Cunington Waddon and Stibbington adjacent to Stilton in the said County of Huntington shall have a liberty to carry any quantity or quantities of Stones Sand Stones Gravel c. Lime or Gravel Dung Mould and Compost of any nature or kind whatsoever Brick Chalk or Wood And that they and all Carts with Hay or Corn in the Straw at Hay-time Hay Corn in Harvest 〈◊〉 Pâ—â—ugh 〈◊〉 Impâ— of Hâ— or Harvest Ploughs Harrows and other Implements of Husbandry and all other things whatsoever imployed in the Husbanding Stocking and Manuring of their several and respective Lands in the said several
time or times during the space of thrée years from the Twenty fourth day of July in the year of our Lord One thousand six hundred sixty and thrée to Summon and Continue together so many of the said Trained Forces within their respective Counties and Precincts 14 Car. 2. cap. 3. and so long as they shall judge convenient in lieu of certain days appointed for Exercise and Musters by the said Act Entituled An Act for Ordering the Forces in the several Counties of this Kingdom No Troop to be kept upon duty above 14 days Provided always And be it Enacted That any Troop Company or Souldiers may be so kept upon such Duty by vertue hereof fourtéen days and no longer in any one year Commissioned Foot-Officers discharged from finding Arms. Provided always And be it Enacted That every Commissioned Foot-Officer in the Train-Bands or Militia of this Kingdom setled according to Act of Parliament shall be and is hereby exempted and excused from finding and contributing towards the finding and contributing towards the finding any Horse Horse-man or Arms or Foot-Souldier and Arms for his whole Estate if at any time it is charged but for one Horse or a less charge or for such part of his Estate as is or shall be charged with one Horse if his whole Estate be charged with a greater charge then one Horse in the County or Lieutenancy where he so serves as a Foot-Officer in respect of the expence which the said Imployment doth necessarily engage him in Any thing in the said Acts to the contrary notwithstanding The Duty of Constables in executing Warrants of the Lieutenants or Deputies Be it also Enacted and Ordained That each Constable Tything-man or other Officer of any Parish or place under the penalty for every neglect of forfeiting Forty shillings shall and do by vertue of a Warrant directed to him from the respective Lieutenants and Deputy-Lieutenants or any thrée or more of them Levy all arrears and proportions of money unpaid that were set or charged for the Raising Training and Arraying the Trained Bands and Forces actually raised and in being before the passing of the said mentioned Act by the Distress and sale of the Goods of any person or persons refusing to pay the same rendring back the overplus if any the charge of Distress and Sale being first deducted Troopers and Souldiers shall be subject to Exercise and Duty Be it also Enacted That every Trooper or Foot-Souldier at any time raised by vertue or according to the directions of this present Act shall be subject to such Exercise and Duty as others charged or raised by the said mentioned Act shal accordingly upon like pains penalties observe and kéep all the respective Orders and Directions of the said Act and of this present Act and shall suffer the same penalties for committing any of the respective crimes and offences exprest in the said Act which said pains and penalties are in the like cases to be imposed and levied in the same manner and by the same ways and means as are set down in the said Act. And whereas the fourth part of one moneths Assessment in each County A fourth part or a moneths assesment how to be disposed after the rate of Seventy thousand pounds by the moneth is by the said Act yearly appointed for furnishing Munition and other necessaries Be it Enacted and delared by the Authority aforesaid That the said respective Lieutenants and Deputies or any thrée or more of them shall from time to time have power to dispose of so much of the said fourth part to the inferiour Officers imployed in or about the said respective Forces for their pains and encouragement as to them the said Lieutenants and Deputies or any thrée or more of them shall seem expedient Provided always and be it Enacted Persons sued for matters done by this Act may plead the general issue That it shall be lawful to every person and persons that shall have any Action or Suit brought against him or them for any thing done in execution of this or the said Act to plead the General Issue and to give the special matter in Evidence and if Iudgment shall be given for the Defendant or if the Plaintiff shall become Nonsuit or discontinue his Suit then he shall recover double Costs Provided also and be it Enacted Double costs to the Defendant That no Action or Suit shall be brought against any person for any thing done in execution or by pretence of the execution of this or the said Act unless the said Action or Suit be laid in the proper County and commenced within six moneths next after such cause of Action Provided and be it further Enacted by the Authority aforesaid That one Clause contained in a certain Act Entituled An Act declaring the sole right of the Militia to be in the King 13 Car. 2. c. 6 and for the present Ordering and disposing of the same and made for the Indempnifying of all persons acting in the Militia from the four and twentieth of June One thousand six hundred and sixty to the twentieth of July One thousand six hundred sixty and one as touching the Assaulting Detaining or Imprisoning any person suspected to be a Fanatick Sectary or Disturber of the Peace Fanatick Sectaries or seizing of Arms or searching of houses for Arms or for suspected persons shall be construed to Commence and take effect and shall be good and effectual in Law for the Indempnifying of all persons whatsoever acting in the Militia of this Kingdom for any the matters aforesaid betwixt the second day of February One thousand six hundred fifty nine and the four and twentieth of June One thousand six hundred and sixty inclusive by vertue or colour of any Authority or Command whatsoever any thing in the said Act or in any other Act to the contrary thereof in any wise notwithstanding And be it further Enacted by the Authority aforesaid That the several forfeitures How the forfeitures and penalties upon this Act may be levyed Penalties and payments by this present Act Imposed Set or Directed not otherwise by this present Act provided to be Levied Sued for or Recovered shall or may in case of default be Levied or Recovered by Warrant under the hands and Seals of the respective Lieutenants and Deputy-Lieutenants or any thrée or more of them upon the Goods and Chattels of the Offender and by Sale of the same rendring the party the overplus if any be And if sufficient of the Goods and Chattels of such Offender cannot be found or had whereof to levy such forfeiture payment or penalty then the said respective Lieutenants and Deputy-Lieutenants or any thrée or more of them shall have power and are hereby authorized by like Warrant under their hands and seals to commit such Offender to Prison untill he shall make satisfaction according to the said forfeiture payment or penalty And it is further Declared and
and payable for the same be fully satisfied and paid And that every Warrant for the landing or delivering of any such Forreign Liquors shall be Signed by the hand of the said Officer or Collector of the Excise in the said Port or Place respectively upon pain that all such Foreign Liquors as shall be landed put on shore or delivered contrary to the true intent and meaning hereof or without the presence of an Officer or Waiter for the Excise or the value thereof shall be forfeited and lost the one moyety to the Kings Majesty and the other moyety to him or them who shall or will Seise Inform or Sue for the same to be recovered of the Importer or Proprietor thereof And that no person or persons whatsoever bringing any Exciseable Liquors except Béer Ale Sider Perry and Metheglin into any part or place of this Realm by Coast Cocquet Transire or Certificate nor any person or persons to whom the same or any of them shall be consigned shall land or cause any such Exciseable Liquors except before excepted to be landed or put on shore without making or causing due Entry to be made of the same with the Officer or Officers of the Excise for the time being appointed to receive and take such Entries within the Port or Place where the same shall be landed upon pain in every such case as aforesaid to forfeit double the value of the said Liquors landed or put on shore contrary to the true intent and meaning hereof Appeals in causes of Excise Provided also and be it further Enacted and Ordained by Authority aforesaid That no Appeal in any Cause of Excise whatsoever shall be admitted until the Party Appellant shall have first Deposited and laid down the single Duty of Excise in the hands of the Commissioners Farmers or Sub-Commissioners of Excise within whose Iurisdiction or Division the said Cause was originally heard and determined and have given Security to the Commissioners of Appeal or Iustice of the Peace respectively where such Cause is to be finally Adjudged for all such Fine Forfeiture and Penalty as upon such hearing and determination was Adjudged against him And that if upon the hearing and determining of any such Appeal the said Original Iudgment shall happen to be reversed and made null then and in every such case the said Commissioners Farmers or Sub-Commissioners of Excise in whose hands the said single Duty of Excise was deposited shall restore and deliver back the same or as much thereof as shall be adjudged by the Commissioners of Appeals or Iustices of the Peace respectively to the said Appellant and the party originally prosecuted shall pay him double Costs But in case the first Iudgment shall be affirmed the party Appealing shall pay the like Costs unto the Commissioner or Commissioners complained of Any thing in this Act or any other Act or Statute whatsoever to the contrary thereof contained in any wise notwithstanding Excise upon Vinegar-beer And be it further Enacted by Authority aforesaid That all and every person or persons whatsoever Brewing or Making any Béer whether in a common Brew-house or otherwise for sale or to convert into Vinegar for sale shall pay for every Barrel of such Vinegar-Béer so made and brewed the several and respective sums already imposed and set by any the Acts of Excise above mentioned upon Vinegar-Béer brewed by any common Brewer in any common Brew-house Any thing in the said Acts or either of them to the contrary notwithstanding Colledges and Halls in the Vniversity And is it hereby further Declared That every Colledge and Hall in either of the Vniversities which before the Duty of Excise was imposed did brew their own Béer and Ale within their own Precincts and size it out to their respective Members within their own Precincts only are not liable to the payment of any Duty of Excise for the same either by this or any the forementioned Acts. Provided also and be it Enacted That all Differences Appeals and Complaints that shall happen and arise betwéen party and party Complaints to be determined in the proper counties in order to the payment of the Duty of Excise shall be heard and determined in the proper County or in the several Ridings and Divisions of Yorkshire and Lincolnshire where they shall arise and not elsewhere Commissioners or Farmers may take no Fees And be it further Enacted by the Authority aforesaid That no Farmer Commissioner Sub-Commissioner or other Officer of Excise shall directly or indirectly take or receive any Mony Fée or Reward for or concerning the taking of any Bond or giving any Receipt or Note in Writing relating to the Excise to or from any person or persons whatsoever upon pain that every such person so offending shall for every such offence forfeit the sum of Ten shillings Who may hear and determine matters upon this Act. And be it further Enacted by the Authority aforesaid That the Iustices of the Peace or any two or more of them or Chief Magistrates in the several Counties Cities Divisions and Places within England and Wales respectively shall méet once in every moneth in their respective Divisions or oftner if there shall be occasion to hear determine and to adjudge all matters and offences against this or the aforesaid Acts. How the penalties upon this Act shall be disposed and recovered And be it further Enacted by the Authority aforesaid That one third part of all Fines Penalties and Forfeitures not herein otherwise disposed shall be to the Kings Majesty His Heirs and Successors one other third part to the poor of the Parish where the Offence shall be committed the other third part to him that shall inform and sue for the same And that all Fines Penalties and Forfeitures for which no remedy is Ordained for recovery thereof by this Act shall be recovered by Action of Debt Bill Plaint or Informations in any Court of Record within such County City or Corporation where the Offence shall be committed or by such other ways and means and in such manner as by the said former Act is directed and appointed Appeals for matters in London and the limits thereof Provided alwayes That after the said Third day of September no Appeal in any Matter or Cause of Excise within the immediate Limits of the Chief Office of London nor within the Limits of the present Farm of London during the continuance of such Farm shall be admitted unless the same be brought within Two Moneths next after the first Iudgment and notice thereof given or left at the Dwelling-house of the party or parties concerned therein nor shall any Appeal in any Matter or Cause of Excise in any other County City Town or Place be admitted unless the same be brought within Four Moneths after the first Iudgment and notice given as aforesaid Any thing in this Act to the contrary notwithstanding Provided nevertheless And it is hereby Enacted That no
and for ever hereafter superseded surceased stayed and discharged And that none of the said Admirals Vice-Admirals Captains or Officers of Ships or Vessels Seamen or Mariners shall from henceforth by vertue force or colour of any Process or procéedings whatsoever in any of His Majesties said Courts or elsewhere be in any wise Arrested disquieted questioned or troubled either in their Persons Lands or Goods for or by reason of the said Act or any thing therein contained But that all and every the said Admirals Vice-Admirals Captains and Officers of Ships or Vessels and all Seamen and Mariners and every of them shall by vertue of this Act stand and be for ever discharged and acquitted in all Courts and Places and of and from all Suits and Proceedings whatsoever sued or begun or to be sued or begun against them or any of them for any manner of Prizes Ships or Goods whatsoever by them or any of them seised surprized or any ways taken betwixt the said thirtieth of January One thousand six hundred forty two and the nine and twentieth of May One thousand six hundred sixty and of and from all Accompts Troubles Articles and Suits whatsoever concerning the same And that this Act shall be taken and expounded in the most large and beneficial manner for the said Admiralls Vice-Admirals Commanders Captains and Officers of Ships and Vessels and Seamen and Mariners and every of them and for their best advantage for the final free and absolute acquitting and discharging of them and every of them of and from all the said Prizes and every part thereof and all Ships and Vessels and Goods whatsoever or of what nature or kind soever by them or any of them seized surprised or in any sort taken betwixt the said thirtieth of January One thousand six hundred forty two and the said nine and twentieth of May One thousand six hundred sixty Provided always And be it Enacted That this Act or any thing therein contained The said Act not repealed as to any Collectors Treasurers c. of such Prize-goods shall not extend or be construed to extend to discharge any other persons whatsoever but onely the said Admirals Vice-Admirals Commanders Captains of Ships and Officers of Ships or Vessels and Seamen and Mariners but that all and every Collectors and Treasurers Sub-Collectors and Vnder-Treasurers of Prize-Goods Commissioners and Sub-Commissioners of Prize-Goods and all and every their Casheers Deputies Officers and Receivers other then such person or persons who are discharged by the Act of Frée and General-Pardon Indempnity and Oblivion that have not yet truly accompted or paid in the Provenues of the Prizes or Moneys arising thereout seized or taken betwixt the said thirtieth of January One thousand six hundred forty two and the said nine and twentieth of May One thousand six hundred sixty and all and every other person and persons by whom or to whom or to or for whose use any Prizes or Prize-Ships Plate Iewels Arms Ammunition Wares Merchandizes or any manner of Goods whatsoever seized or taken for Prize betwixt the said thirtieth of January One thousand six hundred forty two and the said nine and twentieth of May One thousand six hundred sixty were disposed or sold or to whose hands they came and who had and enjoyed the same or any part thereof and are still behind and have not paid in the moneys contracted for and arising or due upon such Sales or Dispositions or any of them and all securities by them and every of them given for or touching the premisses or any thing concerning the said Prizes or any of them shall be chargeable to Your Majesty for the said premisses and all the dependencies thereof respectively in the said Court of Admiralty or Exchequer and shall be procéeded upon in the said Court of Admiralty or Exchequer in Your Majesties Name and to and for Your Majesties use according to the said Act directing the prosecution of such as are accomptable for Prize-Goods and as fully and entirely as if this Act had never béen Any thing in this present Act notwithstanding CAP. VII A former Act for Regulating Printing continued BE it Enacted by the Kings most Excellent Majesty by and with the Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled That an Act made in the fourteenth year of the Reign of Our Soveraign Lord the King that now is Entituled An Act for preventing abuses in Printing Seditious Treasonable and unlicensed Books and Pamphlets and Regulating of Printing and Printing-Presses shall be continued and remain in force untill the end of the next Session of Parliament continued 17 Car. 2. cap. 4. CAP. VIII Arrests of Judgment and superseding Executions prevented WHereas great delay trouble and vexation hath béen and still is occasioned to the people of this Realm as well by arresting and reversing of Iudgments as by staying Executions by Writs of Error and Supersedeas For remedy thereof 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 Verdict of Twelve men shall be given in any Action In what court and cases Iudgment after verdict shall not be stayed for default of form in pleading Suit Bill or Demand to be commenced from and after the Five and twentieth day of March which shall be in the year of our Lord One thousand six hundred sixty and five in any of His Majesties Courts of Record at Westminster or in the Courts of Record in the Counties-Palatine of Chester Lancaster or Durham or in His Majesties Courts of the Great Sessions in any of the twelve Shires of Wales Iudgement thereupon shall not be stayed or reversed for default in form or lack of form or by reason that there are not Pledges or but one Pledge to prosecute returned upon the Original Writ or because the Name of the Sheriff is not returned upon such Original Writ or for default of entring Pledges upon any Bill or Declaration or for default of alledging the bringing into Court of any Bond Bill Indenture or other Déed whatsoever mentioned in the Declaration or other Pleading or for default of Allegation of the bringing into Court of Letters Testamentary or Letters of Administration or by reason of the omission of Vi armis or Contra pacem or for or by reason of the mistaking of the Christian Name or Sirname of the Plaintiff or Defendant Demandant or Tenant sum or sums of Money Day Moneth or Year by the Clerk in any Bill Declaration or Pleading where the right Name Sirname Sum Day Moneth or Year in any Writ Plaint Roll or Record preceding or in the same Roll or Record where the Mistake is committed is or are once truly and rightly alledged whereunto the Plaintiff might have demurred and shewn the same for Cause nor for want of the Averment of Hoc
Coronor Steward or Bailiff of any Franchise or Liberty or by any other Officer Minister Vnder-bailiff or other person or persons whatsoever within this Realm having or pretending to have Authority or Warrant in that behalf by force or colour of any Writ Bill or Process issuing or to be issuing out of His Majesties said Courts of Kings Bench and Common Pleas or either of them in which said Writ Bill or Process the certainty and true cause of Action is not expressed particularly and for which the Defendant or Defendants in such Writ Bill or Process named is and are bailable by the Statute in that behalf made in the thrée and twentieth year of the Reign of the late King Henry the sixth shall be forced or compelled to give security or to enter into Bond with Sureties 23 H. 6. ca. 10. for the Appearances of such person or persons so arrested at the day and place in the said Writ Bill or Process specified or contained in any penalty or sum of money excéeding the sum of Forty pounds of lawful money of England to be conditioned for such Appearances and that all Sheriffs and other Officers and Ministers aforesaid shall let to bail and deliver out of Prison and from their and every of their Custodies respectively all and every person and persons whatsoever by them or any of them arrested upon any such Writ Bill or Process wherein the certainty and true cause of Action is not particularly expressed upon Security in the sum of Forty pounds and no more given for Appearance of such person or persons so arrested unto the said Sheriff or Officer aforesaid according to the said Statute in the said thrée and twentieth year of the Reign of the said late King Henry the sixth in that behalf made and provided And be it further Enacted by the Authority aforesaid That upon Appearance to be Entred in the Term wherein such Writ Bill or Process is retornable with the respective Officer in that behalf for the said person or persons by Attorney or Attorneys in the said respective Courts from whence the said Writ Bill or Process issued unto such Writ Bill or Process the Bond or Bonds so given for Appearance thereunto Bonds given for discharged upon appearance Nonsuit for want of a Declaration before the end of the next term after appearance and judgment and costs against the Plaintiff be and are hereby satisfied and dischargeed And that after such Appearance so entred no Amerciaments be set or Estreted upon or against any Sheriff or other Officer aforesaid or any other person whatsoever concerning the want of such Appearance and unless the Plaintiff or Plaintiffs in any such Writ Bill or Process named shall put into the Court from whence such Writ Bill or Process did issue his or their Bill or Declaration against the person or persons so Arrested in some personal Action or Ejectione firmae of Lands or Tenements before the end of the Term next following after Appearance That then a Non-suit for want of a Declaration may be Entred against the said Plaintiff or Plaintiffs in the said Courts respectively And that every Defendant in every such Writ Bill or Process named shall or may have Iudgment to recover Costs against every such Plaintiff or Plaintiffs to be Assessed Taxed and Levied in such manner and according as it is provided by the Statute for Costs made in the thrée and twentieth year of the Reign of the late King Henry the Eighth 23 H. 8. ca. 15. any former or other Act Statute Ordinance Law Custome Order Course or Vsage of either of the said Courts to the contrary thereof heretofore had made admitted or used in any wise notwithstanding Provided alwayes that this Act nor any Clause or thing herein before specified or contained shall not extend Arrests upon Capias utlagatum Attachments upon Rescous Contempts and of Priviledg excepted nor be construed or taken to extend unto any Arrests hereafter to be made upon or by Vertue of any Writ of Capias utlagatum Attachment upon Rescous or Attachment upon any Contempt or of any Attachment of Priviledge at the Suit of any priviledged person or of any other Attachment for Contempt whatsoever issuing or to be issing out of either of the said Courts although there be no particular certainty of the cause of Action expressed or contained in the said Writs But that nevertheless no Sheriff nor Vnder-sheriff nor any of the Officers or Ministers aforesaid shall discharge any person or persons taken upon any Writ of Capias utlagatum out of Custody without a lawful Supersedeas first had and received for the same and that upon the said Writs of Attachment such lawful course be taken for Security for Appearance therein as hath béen heretofore used any thing herein before expressed to the contrary thereof in any wise notwithstanding And whereas many persons out of ill intent to delay their Creditors from recovering their Iust Debts continue Prisoners in the Fléet who cannot be procéeded against in such manner as they might be if they were at Large Now for the better enabling all persons to recover their just Debts and Demands against such Prisoners How Persons having cause of action may proceed against Prisoners in the Fleet. Be it further Enacted by the Authority aforesaid That every person or persons whatsoever who now hath or have or which at any time hereafter shall have cause of any personal Action against any person being a Prisoner in the prison of the Fléet may Sue forth an Original Writ upon his or their cause of Action And that a Writ of Habeas Corpus be granted to every such person or persons being Plaintiff or Plaintiffs desiring the same to be directed to the Warden of the same Prison to have the Body of such prisoner before the Iustices of the Common Pleas at some certain day in any Term to answer the said Plaintiff or Plaintiffs upon his or their said Cause of Action And that if the said Plaintiff or Plaintiffs at the said day put into the said Court his or their Declaration according to the said Original Writ against the said prisoner being present at the Barr the said prisoner shall be bound to appear in person or to put in an Attorney to appear for him in the said Action And unless the said Defendant plead upon a Rule given to be out at eight daies at the least after such Appearance Iudgment by Nihil dicit may be entred against such Defendant as appearing in person which shall be good and effectual in Law And such charge in Court by Declarations signified by Rule unto the said Warden shall be a good cause of detention of such prisoner in his Custody from which he shall not be discharged without a lawful Supersedeas or Rule of Court And if the said Warden shall do otherwise he shall be Responsible to the Court and to the party grieved for Damages by Action upon the case to be brought
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
be given upon Demurrer for the Avowant or him that maketh Cognisance for any Rent the Court shall at the prayer of the Defendant award a Writ to inquire of the value of such Distress and upon the return thereof Iudgement shall be given for the Avowant or him that makes Cognisance as aforesaid for the Arrears alledged to be behind in such Avowry or Cognisance if the Goods or Cattel so distrained shall amount to that value And in case they shall not amount to that value then for so much as the said Goods or Catel so distrained amount unto together with his full Costs of Suit and shall have like Execution as aforesaid Provided always And be it Enacted That in all Cases aforesaid where the value of the Cattel distrained as aforesaid shall not be found to be to the full value of the Arrears distrained for that the party to whom such Arrears were due his Executors or Administrators may from time to time Distrain again for the Residue of the said Arrears 19 Car. 2. cap. 5. This Act made to extend to Wales and Counties Palatine CAP. VIII An Act for avoiding unnecessary Suits and Delayes FOr the avoiding of unnecessary Suits and Delayes 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 Death of either party between the Verdict and Iudgment That in all Actions personal and real or mixt the death of either party betwéen the Verdict and the Iudgment shall not hereafter be alledged for Error so as such Iudgment be entred within two Terms after such Verdict And be it further Enacted by the Authority aforesaid Iudgment obtained by an Executor where any Iudgment after a Verdict shall be had by or in the name of any Executor or Administrator In such case an Administrator de bonis non may sue forth a Scire facias and take Execution upon such Iudgment This Act to continue for the space of Five years The continuance of this Act. and from thence to the end of the next Session of Parliament CAP. IX An Act for granting one Moneths Assessment to His Majesty WE Your Majesties most dutiful and Loyal Subjects the Commons Assembled in Parliament taking notice of that Heroick Courage The Heroick Courage of his Highness the Duke of York with which Your Majesties Royal Brother exposed his own Person for the Defence of Your Majesty and Your People against the Dutch Fléet and of the Glorious Victory through the blessing of Almighty God by him obtained are humble Suiters unto Your Majesty that we may have leave to make some expressions of our Humble Thanks to his Royal Highness for the same And that for this end Your Majesty would graciously please to accept from us your Loyal Subjects the sum of money herein after mentioned and to bestow the same upon Your Majesties Royal Brother Wherefore we your Majesties said Dutiful and Loyal Subjects have given and granted and by these presents do give and grant unto your most Excellent Majesty whom God long preserve the Sum of One hundred and twenty thousand nine hundred and two pounds fiftéen shillings and eight pence to be raised and levied in manner following That is to say Whereas in and by a certain Act lately passed for granting a Royal Ayd unto his Majesty of Twenty four hundred thréescore and seventéen thousand and five hundred pounds to be raised 16 17 Ca◠2. cap. 1. levied and paid within the space of thrée years It was amongst other things Enacted That the sum of Thréescore and eight thousand eight hundred and ninetéen pounds and nine shillings by the Moneth for thirty six Moneths beginning from the Five and twentieth day of December One thousand six hundred sixty four should be assessed taxed levied and paid by twelve quarterly payments in the several Counties Cities Burroughs Towns and places within England and Wales and Town of Berwick upon Tweed according to the Rates and Proportions therein expressed And whereas in and by another Act passed in this present Session of Parliament 17 Car. 2. cap. 1. It is further Enacted That the sum of Fifty two thousand fourscore and thrée pounds six shillings and eight pence by the moneth for twenty four moneths beginning from the five and twentieth day of December One thousand six hundred sixty five shall be likewise assessed taxed collected levied and paid by eight quarterly payments in the several Cities Burroughs Towns and Places within England and Wales and the Town of Berwick upon Tweed over and above the said sum of Thréescore and eight thousand eight hundred and ninetéen pounds and nine shillings as an addition to and increase of the same monethly Assessment both which Sums together amount unto the sum of One hundred and twenty thousand nine hundred and two pounds fiftéen shillings and eight pence by the Moneth It is now further 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 That the Sum of One hundred and twenty thousand nine hundred and two pounds fiftéen shillings and eight pence for one Moneths Assessment more beginning upon the Six and twentieth day of December One thousand six hundred sixty seven and ending upon the Six and twentieth day of January in the same year shall be assessed taxed collected levied and paid in the several Counties Cities Burroughs Towns and Places within England and Wales and the Town of Berwick upon Tweed according to the Rates and Proportions following That is to say For the County of Bedford the sum of One thousand five hundred seventy and five pounds twelve shillings six pence farthing The County of Berks the sum of One thousand nine hundred eighty nine pounds four shillings nine pence thrée farthings The County of Bucks the sum of Two thousand thrée hundred and ten pounds fourtéen shillings and thrée pence The County of Cambridge the sum of One thousand seven hundred ninety and one pounds eightéen shillings thrée half pence The Isle of Ely the sum of Six hundred and fourtéen pounds thirtéen shillings and nine pence The County of Chester with the City and County of the City of Chester the sum of One thousand four hundred and seven pounds thirtéen shillings and one peny The County of Cornwall the sum of Two thousand seven hundred and seven pounds seven pence farthing The County of Cumberland the sum of Two hundred ninety and five pounds thirtéen shillings and four pence farthing The County of Derby the sum of One thousand five hundred and fiftéen pounds one shilling and thrée pence thrée farthings The County of Devon the sum of Five thousand six hundred seventy and four pounds five shillings eleven pence farthing The City and County of the City of Exon the sum of Two hundred and four