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.
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
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
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
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
the Land and if any thing be done to the contrary it shall be void in Law and holden for error And by another Statute made in the six and thirtieth year of the same King Edward the Third 36 E. 3. c. 15. It is amongst other things Enacted That all pleas which shall be pleaded in any Courts before any the Kings Iustices or in his other places or before any of his other Ministers or in the Courts and places of any other Lords within the Realm shall be entred and inrolled in Latine And whereas by the Statute made in the third year of King Henry the seventh 3 H. 7. cap. 1. power is given to the Chancellor the Lord Treasurer of England for the time being and the Kéeper of the Kings Privy Seal or two of them calling unto them a Bishop and a Temporal Lord of the Kings most Honourable Councel and the two Chief Iustices of the Kings Bench and Common Pleas for the time being or other two Iustices in their absence to procéed as in that Act is expressed for the punishmâ—â—â— of some particular offences therein mentioned And by the Statute made in the One and tâ—â—ntieth year of King Henry the Eighth 21 H. 8. cap. 20 The President of the Councel is associated to joyn with the Lord Chancellor and other Iudges in the said Statute of the third of Henry the seventh mentioned But the said Iudges have not kept themselves to the points limited by the said Statute but have undertaken to punish where no Law doth warrant and to make Decrées for things having no such Authority and to inflict heavier punishments then by any Law is warranted All matters â—â—â—minable in 〈◊〉 Star-Chamber maâ— be â—â—â—â—â—nable and 〈◊〉 â—â—o by the Common Law And forasmuch as all matters examinable or determinable before the said Iudges or in the Court commonly called the Star-Chamber may have their proper remedy and redress and their due punishment and correction by the Common Law of the Land and in the Ordinary course of Iustice elswhere and forasmuch as the reasons and motives inducing the erection and continuance of that Court do now cease and the procéedings Censures and Decrées of that Court have by experience been found to be an intolerable burthen to the Subject and the means to introduce an Arbitrary Power and Government And forasmuch as the Councel-Table hath of late times assumed unto it self a power to intermeddle in Civil causes and matters only of private interest betwéen party and party and have adventured to determine of the Estates and Liberties of the Subiect contrary to the Law of the Land and the Rights and Priviledges of the Subject by which great and manifold mischiefs and inconveniencies have arisen and happened and much incertainty by means of such procéedings hath béen conceived concerning Mens Rights and Estates For setling whereof and preventing the like in time to come Be it Ordained and Enacted by the Authority of this present Parliament Court of Star-Chamber and all its powers dissolved That the said Court commonly called the Star-Chamber and all Iurisdiction Power and Authority belonging unto or exercised in the same Court or by any the Iudges Officers or Ministers thereof be from the first day of August in the year of our Lord God One thousand six hundred forty and one clearly and absolutely dissolved taken away and determined and that from the said first day of August neither the Lord Chancellor or Kéeper of the Great Seal of England the Lord Treasurer of England the Kéeper of the Kings Privy-Seal or President of the Councel nor any Bishop Temporal Lord Privy-Councellor or Iudg or Iustice whatsoever shall have any power or authority to hear examine or determine any matter or thing whatsoever in the said Court commonly called the Star-Chamber or to make pronounce or deliver any Iudgment Sentence Order or Decrée or to do any Iudicial or Ministerial Act in the said Court And that all and every Act and Acts of Parliament and all and every Article clause and sentence in them and every of them by which any Iurisdiction power or Authority is given limited or appointed unto the said Court commonly called the Star-Chamber or unto all or any the Iudges Officers or Ministers thereof or for any procéedings to be had or made in the said Court or for any matter or thing to be drawn into question examined or determined there shall for so much as concerneth the said Court of Star-Chamber and the power and authority thereby given unto it be from the said first day of August repealed and absolutely revoked and made void And be it likewise Enacted Like Iurisdiction in several other Courts repealed and taken away That the like Iurisdiction now used and exercised in the Court before the President and Councel in the Marches of Wales and also in the Court before the President and Councel established in the Northern parts And also in the Court commonly called the Court of the Dutchy of Lancaster held before the Chancellor and Councel of that Court And also in the Court of Exchequer of the County Palatine of Chester held before the Chamberlain and Councel of that Court The like Iurisdiction being exercised there shall from the said first day of August One thousand six hundred forty and one be also repealed and absolutely revoked and made void any Law prescription custome or usage Or the said Statute made in the third year of King Henry the seventh Or the Statute made the One and twentieth of Henry the Eigth Or any Act or Acts of Parliament heretofore had or made to the contrary thereof in any wise notwithstanding And that from henceforth no Court Councel No Court or Councel to have the like Iurisdiction or place of Iudicature shall be erected ordained constituted or appointed within this Realm of England or Dominion of Wales which shall have use or exercise the same or the like Iurisdiction as is or hath béen used practised or exercised in the said Court of Star-Chamber Be it likewise declared and Enacted by Authority of this present Parliament The King nor his privy Councel shall have no Iurisdiction over any mans estate That neither his Majesty nor his Privy-Councel have or ought to have any Iurisdiction power or authority by English Bill Petition Articles Libel or any other Arbitrary way whatsoever to examine or draw into question determine or dispose of the Lands Tenements Hereditaments Goods or Chattels of any the Subjects of this Kingdome But that the same ought to be tryed and determined in the ordinary Courts of Iustice and by the ordinary course of the Law And be it further provided and Enacted That if any Lord Chancellor Penalties upon great Officers and others for the first offence or Kéeper of the Great Seal of England Lord Treasurer Kéeper of the Kings Privy Seal President of the Councel Bishop Temporal Lord Privy Councellor Iudg or Iustice whatsoever shall offend or do
any thing contrary to the purport true intent and meaning of this Law Then he or they shall for such offence forfeit the sum of Five hundred pounds of lawful Money of England unto any party grieved his Executors or Administrators who shall really prosecute for the same and first obtain Iudgment thereupon to be recovered in any Court of Record at Westminster by Action of Debt Bill Plaint or Information wherein no Essoin Protection Wager of Law Aid-Prayer Priviledg Injunction or Order of restraint shall be in any wise prayed granted or allowed nor any more then one Imparlance And if any person against whom any such Iudgment or Recovery shall be had as aforesaid shall after such Iudgment or Recovery offend again in the same then he Second offence or they for such offence shall forfeit the sum of One thousand pounds of lawful money of England unto any party grieved his Executors or Administrators who shall really prosecute for the same and first obtain Iudgment thereupon to be recovered in any Court of Record at Westminster by Action of Debt Bill Plaint or Information in which no Essoin Protection Wager of Law Aid-Prayer Priviledg Iniunction or Order of Restraint shall be in any wise prayed granted or allowed nor any more then one Imparlance And if any person against whom any such second Iudgment or Recovery shall be had as aforesaid shall after such Iudgment Third offence or recovery offend again in the same kind and shall be thereof duly convicted by Indictment Information or any other lawful way or means that such person so convicted shall be from thenceforth disabled and become by vertue of this Act incapable Ipso facto to bear his and their said Office and Offices respectively and shall be likewise disabled to make any Gift Grant Conveyance or other disposition of any of his Lands Tenements Hereditaments Goods or Chattels or to take any benefit of any Gift Conveyance or Legacy to his own use And every person so offending shall likewise forfeit and lose unto the party grieved Treble damages to the party grieved by any thing done contrary to the true intent and meaning of this Law his treble damages which he shall sustain and be put unto by means or occasion of any such Act or thing done the same to be recovered in any of his Majesties Courts of Record at Westminster by Action of Debt Bill Plaint or Information wherein no Essoin Protection Wager of Law Aid-Prayer Priviledg Injunction or Order of Restraint shall be in any wise Prayed Granted or Allowed nor any more then one Imparlance Every person committed contrary to this Act shall have an Habea◠Corpus And be it also provided and Enacted That if any person shall hereafter be committed restrained of his Liberty or suffer imprisonment by the Order or Decrée of any such Court of Star-Chamber or other Court aforesaid now or at any time hereafter having or pretending to have the same or like Iurisdiction power or authority to commit or imprison as aforesaid Or by the command or Warrant of the Kings Maiesty his Heirs or Successors in their own Person or by the command or Warrant of the Councel-board or of any of the Lords or others of his Majesties Privy Councel That in every such case every person so committed restrained of his liberty or suffering imprisonment upon demand or motion made by his Counsel or other imployed by him for that purpose unto the Iudges of the Court of Kings Bench or Common Pleas in open Court shall without delay upon any pretence whatsoever for the ordinary Fées usually paid for the same have forthwith granted unto him a Writ of Habeas Corpus to be directed generally unto all and every Sheriffs Gaoler Minister Officer or other person in whose custody the party committed or restrained shall be and the Sheriffs Gaoler Minister Officer or other person in whose custody the party so committed or restrained shall be shall at the return of the said Writ and according to the command thereof upon due and convenient notice thereof given unto him at the charge of the party who requireth or procureth such Writ and upon security by his own bond given to pay the charge of carrying back the prisoner if he shall be remanded by the Court to which he shall be brought as in like cases hath béen used such charges of bringing up and carrying back the prisoner to be alwayes ordered by the Court if any difference shall arise thereabout bring or cause to be brought the body of the said party so committed or restrained unto and before the Iudges or Iustices of the said Court from whence the same Writ shall issue in open Court and shall then likewise certify the true cause of such his detainer or imprisonment and thereupon the Court within thrée Court-dayes after such return made and delivered in open Court shall procéed to examine and determine whether the cause of such commitment appearing upon the said return be iust and legal or not and shall thereupon do what to Iustice shall appertain either by delivering bailing or remanding the prisoner And if any thing shall be otherwise wilfully done or omitted to be done by any Iudg Iustice Officer or other person aforementioned contrary to the direction and true meaning hereof That then such person so offending shall forfeit to the party grieved Treble damages in default his treble damages to be recovered by such means and in such manner as is formerly in this Act limited and appointed for the like penalty to be sued for and recovered To what Courts this Act shall extend Provided alwayes and be it Enacted That this Act and the several clauses therein contained shall be taken and expounded to extend only to the Court of Star-Chamber and to the said Courts holden before the President and Councel in the Marches of Wales and before the President and Councel in the Northern parts and also to the Court commonly called the Court of the Dutchy of Lancaster holden before the Chancellor and Councel of that Court And also in the Court of Exchequer of the County Palatine of Chester held before the Chamberlain and Councel of that Court And to all Courts of like Iurisdiction to be hereafter erected ordained constituted or appointed as aforesaid And to the Warrants and directions of the Councel-boards and to the commitments restraints and imprisonments of any person or persons made commanded or awarded by the Kings Majesty his Heirs or Successors in their own person or by the Lords and others of the Privy Councel and every one of them Offenders of this Act shall be impleaded within two years after any offence And lastly provided and be it Enacted That no person or persons shall be sued impleaded molested or troubled for any offence against this present Act unless the party supposed to have so offended shall be sued or impleaded for the same within two years at the most after such
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
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
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
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
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
Majesty and the Quéen◠Majesty their Heirs Successors and Assigns to continue in the possession usage disposal of the Bank called Dousedale Bank being on the south side of His Majesties Demean Lands Dousedale Bank called Port sand belonging to their Mannor of Crowland being part therof and to have such ancient Passages and Currents as of right have béen used and accustomed for the avoidance of water through the same into the River South Eae as if this Act had never béen made Provided always and be it Enacted by the authority aforesaid How and for what time Archbishops Bishops c. may make leases That it shall and may be lawful to and for every Archbishop Bishop Dean and Chapter and all Colledges and Halls in either Vniversity and all Bodies Politique and Corporate who are or shall be Lords of Mannors or have or shall have right of Soil or Common in the Wastes within this said Level or within such other Towns Parishes and Places into which the Works of the Dreyning aforesaid do or shall extend and who are by this Act impowred to improve set out inclose divide and sever such proportion or proportions as to them shall or may respectively belong or appertain out of the said Commons and Wastes within the said Level to demise by Indenture all and every the said such proportion or proportions as to them shall or may respectively belong or appertain out of the said Commons or Wastes within the said Level which have not by express Words and under any particular Rent béen at any time formerly demised for any Term or Number of Years not excéeding One and twenty Years so as upon every such Demise or Lease be reserved the fourth part of the true Yearly value to be ascertained by the Commissioners aforesaid or any seven of them due and payable Yearly during the said Term to him or them and his and their Successors Provided always and be it Declared by and with the consent of all Parties concerned That neither this Act nor any thing therein contained shall extend or be construed to extend to alter the possession of Thomas Chicheley Esquire of or from Six hundred seventy one acres parcel of the Lot now claimed to belong to the said Trustées of Henry late Earl of Arundel and Surrey and Two hundred thirty one acres Parcel of the Lot now cliamed to belong to the said Sir William Terringham or from any part thereof by him the said Thomas Chicheley now enjoyed under Purchasers by Sales for non-payment of Taxes upon the dispute betwéen the old and new Adventurers But that the said Corporation shall execute Conveyances of the said respective proportion unto the said Thomas Chicheley his Heirs and Assigns Any thing herein contained to the contrary thereof in any wise notwithstanding Provided always and be it Enacted That all such Right or Rights as any Lord or Lords of any Mannor or Mannors Liberties Hundred or half hundred have heretofore had within their respective Mannor or Mannors Liberties Hundred or half hundred within or without the said Level to Waifes Strayes Felons Goods Priviledges of Arrests Escheats and all other Royalties not prejudicial to the Dreining be hereby saved to them their Heirs Successors and Assigns severally and respectively Any thing in this Act to the contrary thereof notwithstanding Provided always That this Act or any thing therein contained shall not be interpreted to infringe or any way to weaken an Act made the Fourth year of the Reign of King James 4 Jac. cap. 13. Entituled An Act for the Dreining of certain Fenns and Low Grounds within the Isle of Ely subject to hurt by Surrounding containing about Six thousand acres compassed about with certain Banks commonly called and named The Ring of Waltersea and Coldham but the said Act shall stand in full force and vertue Any thing in this present Act to the contrary notwithstanding Provided also That whereas divers Lands in and near adjoyning unto the said Great Level have béen cut through for the better conveying of the Waters from the same and for upholding or repairing the Banks and Workes there without making satisfaction to the respective Owners of the said Lands for the damage they have sustained by such cutting Be it further Enacted That the said Commissioners for the time being or any seven or more of them upon complaint to them made of such damage sustained as aforesaid without recompence for the same shall be and are hereby impowered to award and Decrée such recompence and satisfaction to the party and parties grieved according to their respective damages sustained by such cutting as to the said Commissioners for the time being or any seven or more of them shall be adjudged reasonable the said recompence and satisfaction to be made and given by the said Corporation within six moneths next after such Award or Decrée made and in default thereof the said Commissioners or any seven or more of them shall and may and are hereby impowered to Rate and Tax the said 95. thousand Acres and to Distrain thereupon for the payment of such Rate or Tax and the Distress taken thereupon to sell or dispose as they shall think fit rendring the overplus if any be to the Owners for the payment and satisfaction of such moneys and damages as shall be so Awarded Any thing in this Act to the contrary thereof notwithstanding Provided nevertheless That in case the Iudicature hereby established The Barons of the Exchequer impowred to hear and determine differences between parties shall not within Twelve moneths from the First day of August next hear and determine all the matters by this Act to them referred concerning the said 95000. acres all and every such person and persons whose Complaints shall be then undetermined may make their applications to the Barons of His Majesties Court of Exchequer who are hereby established a Court of Iudicature and sufficiently authorized to hear and determine all such controversies and differences betwéen the said parties in as large and ample manner to all intents and purposes as the Iudicature hereby established might have done and such Iudgment Order or Decrée of the said Court of Exchequer shall be in all things observed and be effectual as if the said Barons had béen made the only Iudicature by this Act. Lessees of the King Provided always and be it Enacted by the Authority aforesaid That the Lessées of the Kings Majesty his Heirs and Successors of the said Ten thousand Acres or of any part thereof and the Assigns of such Lessées and every or any of them shall be capable to be elected and chosen into the Office or Place Offices or Places of Governor Bayliffs and Conservators aforesaid and to vote in such elections and choice and in all other matters as fully to all intents and purposes as any other Members of the Corporation Owners of any part of the said Ninety five thousand acres may be elected and chosen vote in
that purpose And that the respective Sheriffs shall be allowed or paid from the King upon their respective Accompts in the Exchequer all such charges by them expended for Conveying Embarquing and Transporting of such persons which shall be allowed by the said respective Courts from whence they received their respective Warrants and which shall not have béen by any of the ways aforementioned paid secured or reimbursed unto them as aforesaid How the offender may be discharged upon payment of 100 l. Provided always and be it further Enacted That in case the offender so Indicted and Convicted for the said Third offence shall pay into the hands of the Register or Clerk of the Court or Sessions where he shall be Convicted before the said Court or Sessions shall be ended the sum of One hundred pounds That then the said offender shall be discharged from Imprisonment and Transportation and the Iudgement for the same Punishment of offenders after the third offence And be it further Enacted That the like Imprisonment Indictment Arraignment and Procéedings shall be against every such offender as often as he shall again offend after such Third offence Nevertheless is dischargeable and discharged by the payment of the like sum as was paid by such offender for his or her said offence next before committed together with the additional and increased sum of One hundred pounds more upon every new offence committed the said respective sums to be paid as aforesaid and to be disposed of as followeth viz The one Moyety for the Repair of the Parish Church or Churches How the said penalty of 100 l. shall be disposed Chappel or Chappels of such Parish within which such Conventicle Assembly or Méeting shall be held and the other Moyety to the Repair of the High-ways of the said Parish or Parishes if néed require or otherwise for the amendment of such High-ways as the Iustices of the Peace at their respective Quarter-Sessions shall direct and appoint And if any Constable Headborough or Tythingman shall neglect to execute any the said Warrants made unto them for Sequestring Distraining and Selling any of the Goods and Chattels of any offender against this Act for the Levying such sums of money as shall be imposed for the first or second offence he shall forfeit for every such neglect the sum of Five pounds of lawful money of England the one moyetie thereof to the King and the other moyetie to him that will sue for the same in any of the Kings Courts of Record as is aforesaid And if any person be at any time Sued for putting in Execution any of the powers contained in this Act Persons sued for executing this Act may plead the General issue and recover treble Costs such person shall and may plead the general Issue and give the special matter in evidence And if the Plaintiff be Non-suit or a Verdict pass for the Defendant thereupon or if the Plaintiff discontinue his Action or if upon Demurrer Iudgement be given for the Defendant every such Defendant shall have his or their treble Costs Felony to escape after conviction or to returne after Transportation And be it further Enacted That if any person against whom Iudgement of Transportation shall be given in manner aforesaid shall make escape before Transportation or being Transported as aforesaid shall return unto this Realm of England Dominion of Wales and Town of Berwick upon Tweed without the special License of His Majesty His Heirs and Successors in that behalf first had and obtained That the party so escaping or returning shall be adjudged a Felon and shall suffer death as in case of Felony without benefit of Clergy and shall forfeit and lose to His Majesty all his or her Goods and Chattels for ever and shall further lose to His Majesty all his or her Lands Tenements and Hereditaments for and during the life only of such offender and no longer And that the wife of any such offender by force of this Act shall not lose her Dower nor shall any Corruption of blood grow or be by reason of any such offence mentioned in this Act But that the heir of every such offender by force of this Act shall and may after the death of such offender have and enjoy the Lands Tenements and Hereditaments of such offenders as if this Act had not béen made Seditious and Tumultuous Meetings and Conventicles And for better preventing of the mischiefs which may grow by such Seditious and Tumultuous Méetings under pretence of Religious Worship Be it further Enacted by the authority aforesaid That the Lieutenants or Deputy-Lieutenants or any Commissioned Officers of the Militia or any other of His Majesties Forces with such Troops or Companies of Horse or Foot And also the Sheriffs and Iustices of Peace and other Magistrates and Ministers of Iustice or any of them joyntly or severally within any of the Counties or Places within this Kingdom of England Dominion of Wales or Town of Berwick upon Tweed with such other assistance as they shall think méet or can get in readiness with the soonest on Certificate made to them respectively under the hand and seal of any one Iustice of the Peace or Chief Magistrate as aforesaid of his particular Information or knowledge of such unlawful Méetings or Conventicles held or to be held in their respective Counties or places And that he with such assistance as he can get together is not able to suppress or dissolve the same shall and may and are hereby required and enjoyned to repair unto the place where they are so held or to be held and by the best means they can to dissolve and dissipate or prevent all such unlawful Méetings and take into their custody such of those persons so unlawfully assembled as they shall judge to be the Leaders and Seducers of the rest and such others as they shall think fit to be procéeded against according to Law for such their Offences The penalty of suffering Conventicles in private houses And be it Enacted by the Authority aforesaid That every person who shall wittingly and willingly suffer any such Conventicle unlawful Assembly or Méeting aforesaid to be held in his or her House Out-house Barn or Room Yard or Back-side Woods or Grounds shall incur the same penalties and forfeitures as any other Offender against this Act ought to incur and be procéeded against in all points in such manner as any other offender against this Act ought to be procéeded against Gaolers may not let priso-committed upon this Act to go at large Provided also And be it Enacted by the authority aforesaid That if any Kéeper of any Gaol or House of Correction shall suffer any person committed to his custody for any offence against this Act to go at large contrary to the Warrant of his Commitment according to this Act or shall permit any person who is at large to joyn with any person committed to his Custody by vertue of
Major part of the Adventurers or Owners then present shall judge reasonable not excéeding the value of Two per cent of the Ship and Goods so defended according to the first cost of the Goods to be made appear by the Envoyce which the Owner or his Factor or Correspondent is hereby required to produce or by the Oath of the said Owner Factor or Correspondent if thereunto required which money so raised shall be paid unto the Register of the said Court who shall receive for the same Thrée pence in each pound and no more thence to be distributed amongst the Captain Master Officers and Seamen of the said Ship or Widows and Children of the slain according to the direction of the Iudge of the said Court with the approbation of Thrée or more of the Owners or Adventurers aforesaid who shall proportion the same according to their best Iudgements unto the Ships Company as aforesaid having especial regard unto the Widows and Children of such as shall have béen slain in that Service and to such as shall have béen wounded or maimed And in case the Company belonging to any English Merchant-ship shall happen to take any ship Ships which 〈◊〉 oâ— taken 〈◊〉 English which ship shall first have assaulted them the respective Officers and Mariners belonging to the same shall after Condemnation of such ship and Goods have and receive to their own proper use and benefit such part and share thereof as is usually practised in Private men of War â—mary And whereas it often happeneth that Masters and Mariners of ships having ensured or taken upon Botomary greater sums of money then the value of their Adventure do wilfully cast away burn or otherwise destroy the ships under their charge to Merchants and Owners great loss For the prevention thereof for the future Be it Enacted by the Authority aforesaid That if any Captain Master Mariner or other Officer belonging to any ship shall wilfully cast away burn or otherwise destroy the ship unto which he belongeth or procure the same to be done he shall suffer death as a Felon The continuance of this Act. Provided that this Act shall continue for Thrée years and from thence to the end of the next Session of Parliament and no longer CAP. VII Deceitful disorderly and excessive Gaming prevented The inconvenience of immoderate and unlawful use of gaming WHereas all Lawful Games and Exercises should not be otherwise used then as Innocent and Moderate Recreations and not as constant Trades or Callings to gain a Living or make unlawful Advantage thereby And whereas by the immoderate use of them many mischiefs and inconveniences do arise and are daily found to the maintaining and encouraging of sundry idle loose and disorderly persons in their dishonest lewd and dissolute course of life And to the circumventing deceiving cousening and debauching of many of the younger sort both of the Nobility and Gentry and others to the loss of their pretious time and the utter ruine of their Estates and Fortunes and withdrawing them from Noble and Laudable Imployments and Exercises Be it therefore Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by the Authority of the same That if any person or persons of any Degrée or Quality whatsoever at any time or times after the Nine and twentieth day of September which shall be in the year of our Lord God One thousand six hundred sixty and four do or shall by any fraud shift cousenage circumvention deceit or unlawful device or ill practice whatsoever Deceits and Cosenages in Gaming in playing at or with Cards Dice Tables Tennis Bowls Kittles Shovelboard or in or by Cock-fightings Horse-races Dog-matches or Foot-races or other Pastimes Game or Games whatsoever or in or by bearing a share or part in the Stakes Wagers or Adventures or in or by betting on the Sides or Hands of such as do or shall Play Act Ride or Run as aforesaid win obtain or acquire to him or themselves or to any other or others any sum or sums of money or other valuable thing or things whatsoever The penalty That then every person and persons so offending as aforesaid shall ipso facto forfeit and lose treble the sum or value of money or other thing or things so won gained obtained or acquired The one moyety thereof to our Soveraign Lord the King his Heirs and Successors and the other moyety thereof unto the person or persons grieved or who shall lose the money or other thing or things so gained so as every such loser and person grieved in that behalf do or shall prosecute and sue for the same within six Kalender Moneths next after such Play And in default of such prosecution the same other moyety to such person or persons as shall or will prosecute or sue for the same within one year next after the said six moneths expired And that the said Forfeitures shall or may be sued for or recovered by Action of Debt How to be sued for and recovered Bill Plaint or Information in any of his Majesties Courts at Westminster wherein no Essoign Protection or Wager of Law shall be allowed And that all and every such Plaintiff or Plaintiffs Informer or Informers shall in every such Suit and Prosecution have and recover his and their treble Costs against the person offending and forfeiting as aforesaid Any Law Statute Custom or Vsage to the contrary in any wise notwithstanding And for the better avoiding and preventing of all excessive and immoderate Playing and Gaming for the time to come Be it further Ordained and Enacted by the Authority aforesaid Prevention of excessive and immoderate gaming That if any person or persons shall at any time or times after the Nine and twentieth day of September aforesaid play at any of the said Games or any other Pastime Game or Games whatsoever other then with and for ready money or shall Bett on the Sides or hands of such as do or shall play thereat and shall lose any sum or sums of money or other thing or things so plaid for excéeding the sum of One hundred pounds at any one time or méeting upon Ticket or Credit or otherwise and shall not pay down the same at the time when he or they shall so lose the same The party and parties who loseth or shall lose the said moneys or other thing or things so played or to be played for above the said sum of One hundred pounds shall not in that case be bound or compellable to pay or make good the same but the Contract and Contracts for the same and for every part thereof and all and singular Iudgments Statutes Recognizances Mortgages Conveyances Assurances Bonds Bills Specialties Promises Covenants Agréements and other Acts Déeds and Securities whatsoever which shall be obtained made given acknowledged or entred into for security or satisfaction of
and their heirs and successors respectively by and according to his and their tenures estate title and interest which he or they had in the Mannors Lands or Tenements for or in respect of which he or they claimed or inclosed the said quantity or quantities of the said Wastes as abovesaid Provided always and be it Enacted by the Authority aforesaid That the said Commissioners and every of them before he or they take upon him or them the execution of any the Powers or Authorities hereby given them other then the administring the Oath following to one another which they shall have Authority by this present Act to administer to one another shall take the Oath following viz. The oath to be taken by Commissioners I A. B. am not interessed in possession reversion or remainder of in or to the said Fens or any part thereof And shall and will without favour or affection hatred or malice truly and impartially according to the best of my skill and knowledg execute and perform all and every the Powers and Authorities in me established by this Act of Parliament Which Oath any one of the said Commissioners are hereby authorised to administer The places of the Commissioners â—â—tting And that the places where the said Commissioners shall sit to hear order and determine the matters referred to them by this Act shall be at the Towns of Stamford Market-Deeping or Spalding in the said County of Lincoln And the said Commissioners or any seven or more of them are hereby directed by Warrant under their hands and seals to declare the places and times of their méeting The same Warrant to be published in open Market in the said Towns of Stamford Market-Deeping and Spalding betwéen the hours of twelve and two upon some Market-day one and twenty dayes at least before the said time or times of méeting to the end all persons concerned may have sufficient time and notice to attend And shall have power and Authority by Warrant under the hands and seals of any thrée or more of them Their power and manner of proceeding to summon parties and witnesses to appear before them And in case any controversy or difference shall happen to arise betwéen or amongst the said Commissioners before any Iudgment or Determination given by them in the premisses touching or concerning the exposition of the words of this Act or the powers or authorities thereby to them given Then the Lord Chief Iustice of the Kings Bench the Lord Chief Iustice of the Common-Pleas and the Lord Chief Baron of his Majesties Court of Exchequer for the time being are hereby constituted and established a Iudicature and they or any two of them are hereby authorized to hear adjudg and determine such controversies and differences And their Iudgment or determination thereof certified under their hands seals shall be observed and shall be likewise certified together with the Iudgments and determinations of the said Commissioners into the Petty-bag there to be kept on Record as aforesaid CAP. XII The River Avon to be made Navigable from Christ-Church to the City of New-Sarum WHereas the making Navigable and passable with Barges Boats Lighters and other Vessels the River Avon in the Counties of Wilts and Southampton from the Town of Christ-Church in the said County of Southampton to the City of New-Sarum in the said County of VVilts And if néed require the making of a new Haven may with Gods blessing be of great advantage and benefit not only to the said Counties but also to the Publick by import and export of Commodities and increase of Commerce and Trade and of able Seamen and Watermen and most profitable and necessary for the said City of New-Sarum for the conveyance thereby of Fewel and other necessaries to the said City whereof there is now great scarcity and far greater is like to grow if some help therefore be not provided besides the extraordinary preservation of the High-ways in and near the said City and County Commissioners how to be appointed for making the river Avon navigable Be it therefore Enacted by the Kings Majesty by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same That the Lord Chancellor or Lord Kéeper of the Great Seal of England for the time being at any time after the end of this present Session of Parliament shall and may nominate appoint and authorize by Commission under the Great Seal of England such person or persons Bodies Politick and Corporate as to him shall séem fit and are willing to undertake the making Navigable the said River of Avon from the said Town of Christ-Church to the said City of New-Sarum And to make a new Haven if néed require for Ships and Vessels near the said Town of Christ-Church Which said Vndertakers so nominated and appointed as aforesaid are hereby authorized and shall have full power and authority by this present Act to make Navigable or passable by Barges Boats Lighters or other Vessels the said River of Avon from the said Town of Christ-Church to the City of New-Sarum aforesaid And for that purpose to cleanse scour and open the same and to cut or dig the Banks of the same and to take away or remove all Wears or other Impediments that may hinder Navigation either in sailing or haling of Boats with Horses Men or otherwise to amend or alter such Bridges and High-ways as may hinder the said Passages and Navigation and to open prepare and make all Wears Sasses Locks and Turn-pikes fit for the said Passage And likewise to cleanse scour open or cut and dig the Banks of any other Stream Brook Ditch or Water-course that shall to them séem convenient for the better making the said River Navigable and passable for Boats Barges Lighters and other Vessels And likewise to make and erect any Wharfs Sasses Locks Turnpikes or pens for Water in or near the said River or Passage that shall be fit or necessary for the same and to bring lay and work all Materials requisite for the making erecting and repairing of the said Locks or Turnpikes upon the said River or Passage and to cut such and so many new Channels and Trenches as to them shall séem convenient for altering the course of the said River of Avon in bringing the same to the City of New-Sarum as aforesaid as also for the bringing in any other River or Water-course into the said River and to do all other things necessary and convenient for the said River and Passages new Channels Wharfs Sasses Locks Wears Turnpikes Penns for Water and the said Bridges Ways and Passages and for the altering repairing kéeping using and amending of the same or any of them or any part of them from time to time hereafter as oft as néed shall require and also if néed require to make a commodious Haven and Port near the said Town of Christ-Church for the Entry
therefore Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and of the Commons in this present Parliament Assembled and by the Authority of the same That the Iustices of the Courts of Kings Bench and Common Pleas Iustices appointed to hear and determine differences between Landlords and Tenants c. and the Barons of the Coife of the Exchequer for the time being or any thrée or more of them sitting at the same time and place and not otherwise shall be and are hereby Authorized from time to time to hear and to determine all Differences and Demands whatsoever which have arisen or may any wise arise betwéen Landlords Proprietors Tenants Lessées Vnder-tenants or late Occupiers of any the said Houses or Buildings with their appurtenances or the Courts or Yards Grounds and Wharfs or any person or persons having or claiming any Estate Right Title Interest in Law or Equity or Trust Charge or Incumbrance of or in the same or their or any of their Heirs Executors Administrators Successors or Assigns or any other persons for touching or concerning the Repairing Building or Rebuilding of the said Houses or Buildings Yards Courts Grounds and Wharfs or any other Grounds lying within that part of the City and Suburbs thereof lately burnt pulled down or otherwise demolished defaced or otherwise ruined by reason of the said Fire or for or concerning the payment defalcation apportioning or abatement of any Rent or Rents other then Arrears of Rent onely due before the First day of September One thousand six hundred sixty and six or for or touching any Covenant Condition or penalty relating thereunto or for touching or concerning the prefixing or limiting of any time for such Repairs or new Building Rebuilding or any Rate or Contribution to be born or paid thereunto by any person or persons Bodies Politick or Corporate interessed in the premisses and all Incidents relating thereunto And that they or any thrée or more of them from time to time with or without any Adjournment summarily and sine forma figura Judicii and without the formalities of procéedings in Courts of Law or Equity shall and may upon the Verdict or Inquisition of Iurors testimony of witnesses upon Oath Examination of parties interessed or by all or any of the said ways or otherwise according to their Discretions procéed to the hearing and determining of the Demands or Differences betwéen the said parties concerning the premisses and that the definitive Order of the said Iustices and Barons or any thrée or more of them as aforesaid shall be final as betwéen the said parties their Heirs Executors Administrators Successors and Assigns and all claiming by from or under them as touching the matters contained in such Orders from which there shall be no Appeal or Review otherwise then as is hereafter mentioned Nor shall any Writ of Error or Certiorari lye for the removal or reversal of the same And be it further Enacted by the Authority aforesaid That the said Iustices and Barons The Powers of the said Iustices or any thrée or more of them as aforesaid shall have Authority and are hereby Impowred where they shall think it convenient to Order the Surrendring Increasing Abridging Ceasing Determining or Charging of any Estates in the Premisses or to order new or longer Leases or Estates not excéeding Forty years to be made of any of the premisses by the Proprietors or Owners thereof or other persons interessed therein to any Tenant or Sub-Tenant or late Occupiers of the same their Executors Administrators Successors or Assigns at such Rents and Fines or without any Rent or Fine as they shall think fit unless in such Cases where the Laws of this Realm do forbid the Diminishing of ancient and accustomable Rents All which Orders according to the Tenors thereof shall be obeyed by all persons concerned therein respectively and shall conclude and bind them their Heirs Successors Executors Administrators and Assigns respectively notwithstanding any Disability in respect of Coverture Infancy Non-sanity of Memory Estate Tail or in Right of the Church or otherwise And that Infants Femes Covert Ideots persons of Non-sane Memory or beyond the Seas Tenants in Tail Bishops Deans and Chapters and other Ecclesiastical persons and their Successors Corporations and all other person or persons Bodies Natural and Politick their Heirs and Successors and their respective Interests shall be bound and concluded by such respective Order or Orders according to the Tenor or Purport thereof Any Law Statute or Custom or other matter or thing to the contrary notwithstanding And for the better Enabling the said Iustices and Barons to procéed with effect in the said Causes How to proceed upon Complaints Be it also Enacted by the Authority aforesaid That the said Iustices and Barons or any thrée or more of them as aforesaid upon the complaint or request of any person or persons concerned in any of the said Houses or Buildings and other the premisses shall issue out Notes or Warrants under their hands or the hands of any such thrée of them thereby warning the person or persons Bodies Politick and Corporate therein named and concerned in the said late Houses or Buildings and other the premisses in such Complaint mentioned to appear before them at such time and place as in such Note or Notes shall in that behalf be specified And upon appearance of the said person or persons summoned or upon default of appearance and Oath made of due notice given to him or them which Oath and all other Oaths necessary to the Execution of the Powers given by this Act the said Iustices and Barons or any thrée of them are hereby enabled to administer The said Iustices and Barons or any thrée of them may procéed to make such final and definitive Orders as aforesaid And that such service of the said Note or Notes as is usually allowed to be a good service in cases of Subpoena shall be accounted to be a good service in the cases aforesaid The said Indicature shall be a Court of Record And be it Enacted by the Authority aforesaid That the said Iustices and Barons or any thrée of them for the matters and according to the powers herein before mentioned shall be and shall be taken to be a Court of Record And that the Iudgements and Determinations that shall be made betwixt party and party by Authority of this Act shall be Recorded in a Book or Books of Parchment to be provided for that purpose And that every such Iudgement and Determination shall be Signed by thrée or more of the said Iustices or Barons Which said Book or Books of Record shall be placed and intrusted in the custody of the Lord Mayor and Aldermen of the City of London for the time being to be kept with the Records of the said City and to remain as a perpetual standing Record unto which all persons concerned or which shall be concerned
Garret-floor of the thickness of one Brick and an half and that the thickness of the Garret-walls on the back-part be left to the discretion of the Builder so that the same be not less then the length of one Brick also that the thickness of the Party-walls betwéen every House of this second and larger sort of Building be two Brick lengths as high as the first Story and thence upwards to the Garrets of the thickness of one Brick and half the Scantlings of Timber and Stone to be as in the said Table are prescribed Houses of the third sort of building Also that the Houses of the third sort of Buildings fronting the high and principal Stréets shall consist of four Stories high besides Cellars and Garrets as aforesaid That the first Story contain full ten foot in height from the Floor to the Cieling the second ten foot and an half the third nine foot the fourth eight foot and an half That all the said Walls in front and réer as high as the first Story be of the full thickness of the length of two Bricks and an half and from thence upwards to the Garret-floor of the thickness of one Brick and an half That the thickness of the Garret-walls on the back part be left to the discretion of the Builder so as the same be not less then the length of one Brick and also that the thickness of the Party-walls betwéen every house of this third and larger sort of Building be two Bricks lengths as high as the first Story and then upwards to the Garrets of the thickness of one Brick and half the scantlings of Timber and Stone to be as in the said Table are prescribed Houses of the fourth sort of building And be it further Enacted That all Houses of the fourth sort of Building being Mansion-houses and of the greatest bigness not fronting upon any of the Stréets or Lanes as aforesaid shall bear the same Scantlings as in the Table are set down for the same and that the number of Stories and the height thereof be left to the discretion of the Builder so as he excéed not four Stories And be it further Enacted That in the Front of all houses hereafter to be erected in any such Stréets as by Act of Common-Council shall be declared to be High-Stréets Fronts of Houses in High-streets Belconies Belconies four foot broad with Rails and Bars of Iron of equal distance from the ground shall be placed every of which Belconies shall contain in length two parts of the Front of the house on which it shall be placed in thrée parts to be divided and the remaining vacancy of the Front shall be supplyed with a Pent-house of the breadth of the Belcony to be covered with Lead Slate or Tile and to be Cieled with Plaistering underneath and that the Water falling as well from the tops of the said Houses as from the said Belconies and Pent-houses be conveyed into the Channels by Party-pipes on the sides or fronts of the said Houses and that Pavements under every of the said Belconies and Pent-houses be made of good and sufficient broad flat Stone at the charge of the Builder And be it further Enacted How Houses fronting on High-Streets shall be built That no Builder of any of the Houses fronting any of the said Highstréets Stréets or Lanes of note be permitted to lay his first Floor over-the Cellar more then Eightéen Inches above the said Stréets or less then Six with one Circular step to lead up thereunto to be placed without the Building And that no Trap-doors or open Grates be in any wise suffered to be made into any such Cellar or Ware-house without the foundations of the Front but that all Lights to be made into any of them be henceforth made upright and not otherwise and that no Bulks Ietties Windows Posts Seats or any thing of like sort shall be made or erected in any Stréets Lanes or By-lanes to extend beyond the antient foundation of Houses nor that any House be set further into the Stréet then the ancient foundation Saving onely that in the high and principal Stréets it shall be lawful for the Inhabitants to suffer their Stall-boards when their Shop-windows are set open to turn over and extend eleven inches and no more from the Foundation of their Houses into the Stréets for the better conveniency of their Shop-windows And be it further Enacted That if any person or persons Bodies Politick or Corporate Within what time all persons are to rebuild their houses Penalty being Seised Possessed or Interessed of or in any Ground which was formerly builded upon and the Houses thereupon being now burned or pulled down at the time of the late Fire shall not within Thrée years next ensuing build up the same That then the Mayor Aldermen and Common-Council of the City of London by Act of Common-Council may cause Proclamation to be publickly made betwéen the hours of Twelve and two of the clock in the afternoon as well at or upon the said Ground as also at or upon the publick Exchange of the said City thereby to give notice to all persons that shall be or may be therein concerned to cause the same to be rebuilded according to the direction of this present Act within the space of Nine moneths then next following And in case the Owners thereof or other person or persons having Interest therein shall refuse or neglect to rebuild the same in manner and within such time as aforesaid That then in such case the said Mayor and Court of Aldermen of the said City are hereby Authorized to Issue out Warrants to the Sheriffs of London for the time being requiring them to Impannel and return before them a Iury of good and lawful men of the said City which the said Sheriffs are hereby authorized and required to do accordingly which Iury so returned shall upon their Oaths to be administred to them by the said Mayor and Court of Aldermen who are likewise hereby Authorized to minister the same Enquire Estimate and Assess the true and just Value of such void Ground according to their Iudgments And that from and after such Inquiry and Valuation thereof made as aforesaid by Inquest of the said Iury it shall and may be lawful to and for the said Mayor Aldermen and Common Council of the said City to make Sale of the Fée or Inheritance thereof by Conveyance under their Common Seal to any person or persons that will purchase the same at such price at which the same shall have béen so as aforesaid Estimated and Valued by the said Iury and the moneys thereupon to be received of the Purchasers thereof shall be paid into the Chamber of London and from thence to be issued out and paid by the Chamberlain of London for the time being unto such person or persons who shall have any Estate or Interest into or out of the same according to his or their respective