and payable for the same be fully satisfied and paid And that every Warrant for the landing or delivering of any such Forreign Liquors shall be Signed by the hand of the said Officer or Collector of the Excise in the said Port or Place respectively upon pain that all such Foreign Liquors as shall be landed put on shore or delivered contrary to the true intent and meaning hereof or without the presence of an Officer or Waiter for the Excise or the value thereof shall be forfeited and lost the one moyety to the Kings Majesty and the other moyety to him or them who shall or will Seise Inform or Sue for the same to be recovered of the Importer or Proprietor thereof And that no person or persons whatsoever bringing any Exciseable Liquors except Béer Ale Sider Perry and Metheglin into any part or place of this Realm by Coast Cocquet Transire or Certificate nor any person or persons to whom the same or any of them shall be consigned shall land or cause any such Exciseable Liquors except before excepted to be landed or put on shore without making or causing due Entry to be made of the same with the Officer or Officers of the Excise for the time being appointed to receive and take such Entries within the Port or Place where the same shall be landed upon pain in every such case as aforesaid to forfeit double the value of the said Liquors landed or put on shore contrary to the true intent and meaning hereof Appeals in causes of Excise Provided also and be it further Enacted and Ordained by Authority aforesaid That no Appeal in any Cause of Excise whatsoever shall be admitted until the Party Appellant shall have first Deposited and laid down the single Duty of Excise in the hands of the Commissioners Farmers or Sub-Commissioners of Excise within whose Iurisdiction or Division the said Cause was originally heard and determined and have given Security to the Commissioners of Appeal or Iustice of the Peace respectively where such Cause is to be finally Adjudged for all such Fine Forfeiture and Penalty as upon such hearing and determination was Adjudged against him And that if upon the hearing and determining of any such Appeal the said Original Iudgment shall happen to be reversed and made null then and in every such case the said Commissioners Farmers or Sub-Commissioners of Excise in whose hands the said single Duty of Excise was deposited shall restore and deliver back the same or as much thereof as shall be adjudged by the Commissioners of Appeals or Iustices of the Peace respectively to the said Appellant and the party originally prosecuted shall pay him double Costs But in case the first Iudgment shall be affirmed the party Appealing shall pay the like Costs unto the Commissioner or Commissioners complained of Any thing in this Act or any other Act or Statute whatsoever to the contrary thereof contained in any wise notwithstanding Excise upon Vinegar-beer And be it further Enacted by Authority aforesaid That all and every person or persons whatsoever Brewing or Making any Béer whether in a common Brew-house or otherwise for sale or to convert into Vinegar for sale shall pay for every Barrel of such Vinegar-Béer so made and brewed the several and respective sums already imposed and set by any the Acts of Excise above mentioned upon Vinegar-Béer brewed by any common Brewer in any common Brew-house Any thing in the said Acts or either of them to the contrary notwithstanding Colledges and Halls in the Vniversity And is it hereby further Declared That every Colledge and Hall in either of the Vniversities which before the Duty of Excise was imposed did brew their own Béer and Ale within their own Precincts and size it out to their respective Members within their own Precincts only are not liable to the payment of any Duty of Excise for the same either by this or any the forementioned Acts. Provided also and be it Enacted That all Differences Appeals and Complaints that shall happen and arise betwéen party and party Complaints to be determined in the proper counties in order to the payment of the Duty of Excise shall be heard and determined in the proper County or in the several Ridings and Divisions of Yorkshire and Lincolnshire where they shall arise and not elsewhere Commissioners or Farmers may take no Fees And be it further Enacted by the Authority aforesaid That no Farmer Commissioner Sub-Commissioner or other Officer of Excise shall directly or indirectly take or receive any Mony Fée or Reward for or concerning the taking of any Bond or giving any Receipt or Note in Writing relating to the Excise to or from any person or persons whatsoever upon pain that every such person so offending shall for every such offence forfeit the sum of Ten shillings Who may hear and determine matters upon this Act. And be it further Enacted by the Authority aforesaid That the Iustices of the Peace or any two or more of them or Chief Magistrates in the several Counties Cities Divisions and Places within England and Wales respectively shall méet once in every moneth in their respective Divisions or oftner if there shall be occasion to hear determine and to adjudge all matters and offences against this or the aforesaid Acts. How the penalties upon this Act shall be disposed and recovered And be it further Enacted by the Authority aforesaid That one third part of all Fines Penalties and Forfeitures not herein otherwise disposed shall be to the Kings Majesty His Heirs and Successors one other third part to the poor of the Parish where the Offence shall be committed the other third part to him that shall inform and sue for the same And that all Fines Penalties and Forfeitures for which no remedy is Ordained for recovery thereof by this Act shall be recovered by Action of Debt Bill Plaint or Informations in any Court of Record within such County City or Corporation where the Offence shall be committed or by such other ways and means and in such manner as by the said former Act is directed and appointed Appeals for matters in London and the limits thereof Provided alwayes That after the said Third day of September no Appeal in any Matter or Cause of Excise within the immediate Limits of the Chief Office of London nor within the Limits of the present Farm of London during the continuance of such Farm shall be admitted unless the same be brought within Two Moneths next after the first Iudgment and notice thereof given or left at the Dwelling-house of the party or parties concerned therein nor shall any Appeal in any Matter or Cause of Excise in any other County City Town or Place be admitted unless the same be brought within Four Moneths after the first Iudgment and notice given as aforesaid Any thing in this Act to the contrary notwithstanding Provided nevertheless And it is hereby Enacted That no
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
obstinate and incorrigible For remedy whereof Be it Enacted by the Authority of this present Parliament That if any person or persons He that keeps an Alehouse c. without license shall forfeit 20. s after forty days next ensuing the end of this present Session of Parliament shall upon his own authority not being thereunto lawfully licensed take upon him or them to kéep a common Alehouse or Tippling house or use commonly selling of Ale Béer Syder or Perry That then every such person or persons shall for every such Offence forfeit and lose the sum of twenty shillings of currant money of England to the use of the poor of the Parish where such offence shall be committed The same offence being viewed and séen by any Mayor Bailiff or Iustice of Peace or other head Officer within the several limits or confessed by the party so offending or proved by the oath of two witnesses to be taken before any Mayor Bailiff or other head Officer or any one or more Iustice or Iustices of the Peace The Constables or Church-wardens shall levy the said forf to the use of the Poor who by vertue of this Act shall be authorised to minister the said oath to any person or persons that can or will justifie the same being within the limits of their said Commission The said penalty to be levyed by the Constables or Church-wardens of the parish or parishes where the said offence shall be committed Who shall be accountable therefore to the use of the poor of the said parish by way of distress to be taken and detained by warrant or precept from the said Mayor Bailiff Iustice or Iustices or other head Officer by whom the said offence shall be viewed or before whom the same shall be confessed or proved as aforesaid and for default of satisfaction within thrée daies next ensuing The party that is not able to pay the forf shall be whipped the said distress to be by the said Constables or Church-wardens apprised and sold and the overplus to be delivered to the party or parties offending and this to be only for the first offence And if such offender or offenders shall not have sufficient Goods and Chattels whereby the said twenty shillings may be levyed by way of distress as aforesaid or shall not pay the said sum of twenty shillings within six daies after such conviction as aforesaid That then the said Mayor Bailiff Iustice or Iustices or other head Officer before whom the said Offender shall be convicted as aforesaid shall commit all and every the said offender or offenders to some Constable or Constables or other inferiour Officer or Officers of the City Borough Town Parish or Hamlet where the offence shall be committed or the party apprehended to be openly whipped for the said offence as the said Iustice or Iustices shall limit or appoint And be it Enacted by the authority aforesaid The officer neglecting to punish the offender shall be imprisoned or pay ten shillings That if any Constable or inferiour Officer shall neglect to execute the said precept or warrant or do refuse or do not execute by himself or some other to be by him appointed upon the offender the punishment limited by this Statute that in that case it shall and may be lawful for the said Mayor Bailiff Iustice or Iustices of Peace or other head Officer to commit the Constable or other inferiour Officer so refusing or not executing the said punishment by himself or some other to the common Gaol of the said County City or Town corporate there to remain without bail or mainprise untill the said Offender or Offenders shall be by the said Constable or Constables or other inferiour Officer so refusing or not executing the said punishment or some by his or their procurement punished and whipped as is above limited and declared or untill he or they so neglecting or refusing shall have paid the sum of forty shillings of lawful money of England unto the use of the poor of the parish for their said contempt And be it further Enacted For the second and third offence the offender shall be committed to the house of correction that if the said Offender or Offenders being an unlicensed Alehouse-keeper shall offend in any of the premisses the second time and be thereof lawfully convicted in manner and forme aforesaid That then the said Mayor Bailiff Iustice or Iustices of the Peace or other head Officer shall commit him her or them unto the house of Correction there to remain for the space of one moneth and be dealt withall as idle lewd and disorderly persons And if such Person or Persons shall again offend and shall be thereof convicted as aforesaid that then the said offender and offenders for every such offence shall be committed unto the said house of Correction as aforesaid there to remain until by the order of the Iustices in their general Sessions for the County City Borough or Franchise he she or they shall be delivered from thence Provided alwayes that such offender or offenders as shall be punished by vertue of this act The offender punished by this act shall not be again punished by 5 6 Ed. 6. 25. contra Alehouses kept in the time of Fairs excepted shall not be punished again for the same offence by the former Act made in the fifth year of King Edward the sixth aforementioned And that such offender or offenders as shall be punished by vertue of the before mentioned Act made in the fifth year of King Edward the sixth shall not be punished again for the same offence by vertue of this present Act nor any thing therein contained Provided alwayes That in such Towns and places where any Fair or Fairs shall be kept that for the time only of the same Fair or Fairs it shall be lawful for every person or persons to use common selling of Ale or Béer in Booths or other places there for the relief of the Kings Subjects that shall repair unto the same in such like manner and sort as hath béen used and done in times past this Act or any thing therein contained to the contrary notwithstanding St. 11 H. 7. 2. 1 Jac. 9. 4 Jac. 10. 21 Jac. 7. 1 Car. 4. CAP. IV. Divers Statutes made perpetual others continued and some others repealed 1 El. 17. When Corn may be transported c. BE it Enacted by the authority of this present Parliament That one Act made in the first year of the reign of the late Quéen Elizabeth intituled An Act for the preservation of spawn and fry of fish except the proviso in the said Act mentioned that the same Act shall not extend to the Rivers of Twéed nor Waters or Rivers whereof the Quéen was answered of any yearly rent or profit nor to Farmers Owners or Occupiers of the Rivers of Wye Vske 13 El. 20. and other Rivers in the said proviso mentioned or contained One Act made in the thirteenth year
and letting to Ferme the said Office of Clerk of the Market and the Execution thereof in and through all or the most of the several Counties of this Kingdome for great sums of Money which the said Fermours or Grantées by their unjust and undue procéedings in the said Office do extort from his Majesties Subjects again to their great impoverishment and yet little or no redress at all in their said Weights or Measures or any benefit thereby accruing to his Majesty For remedy whereof and for regulating of all Weights and Measures according to the true intent of this Statute and the other Statutes in the behalf formerly made and provided and preventing the said inconveniencies There shall be but one measure one weight and one yard St. 9 H. 3 25. 14 E. 3. 12. 27 E. 3. 10. Be it therefore Enacted by the Kings most Excellent Majesty the Lords and Commons of this present Parliament assembled and by the Authority of the same That from henceforth there shall be but one Weight one Measure and one Yard according to the Standard of the Exchequer throughout all the Realm as well in places priviledged as without Any usage or custome to the contrary notwithstanding And that every Measure of Corn shall be striked without heap And whosoever shall sell by or kéep any other Weight Measure or Yard then as aforesaid whereby any Corn Grain or other thing is bought or sold after six moneths after the end of this present Session of Parliament shall forfeit for every such offence five shillings Forfeiture being thereof lawfully convicted by the Oath of one sufficient Witness before any Iustice of Peace Mayor or other head Officer of the County City or Town Corporate respectively where the said Offence shall be committed Who by vertue of this Act shall have power to administer an Oath in that behalf How to be levyed Which said sum or penalty of five shillings shall be levyed by the Church-wardens and Overséers of the Poor of the Parish or some or one of them where such Offence is or shall be committed to the use of the Poor of the same Parish of the Goods and Chattels of such Offenders by way of Distress and Sale of the Offenders Goods rendring the Overplus to the party so offending And in default of such Distress it shall be lawful for any Iustices of Peace Mayor or other head Officer of the County City or Town corporate respectively to commit the said party to the Prison or Gaol there to remain without Bail or Mainprise untill he shall pay such sums of Money forfeited as aforesaid And be it further Enacted by the Authority aforesaid Clerk of the Market his limits That no Clerk of the Market of the Kings House which now is or hereafter shall be or of the Prince His Highnesse His Heirs or Successours which is or shall be Duke of Cornewall or His or Their Deputy or Deputies shall hereafter execute his or their said Office or Offices respectively in any part of the Kingdom but only within the Verge of the Kings Court where it shall then reside for the time being And that it shall be alwayes hereafter lawful for any Mayor Mayor head Officer and Lords of Liberties have power as clerks of the Market or other head Officer of any City Burrough or Town Corporate or for any Lord or Lords of Liberty Liberties or Franchises his or their Deputy or Deputies or Agents according to their several Liberties and Iurisdictions to have full power to execute the said Offices respectively as they ought or might have done before the making of this Act And for the more ease of his Majesties Subjects Be it further Enacted Forfeiture of â—lerke of the Market for offences That if any Clerk of the Market within his aforesaid precincts and limits of the Verge of the Kings house only or any Mayor or other Officer whatsoever who by vertue of this Act shall have power to inquire of any abuses in Weights and Measures shall seal or give allowance unto any other Weight or Measure Weights or Measures other then according to the said Standard of the Exchequer or shall upon reasonable request and warning refuse to seal or give allowance unto such Weight or Measure Weights or Measures as are according to the said Standard of the Exchequer paying only such Fée or Fées for such allowance as by the Statute or Statutes or by ancient custome are in that behalf formerly provided and allowed and no more That then the said Clerk of the Market Mayor and other Officer or Officers of such City Burrough or Town and the said Lord and Lords of Liberty or Liberties and his and their Deputy and Deputies and Agents respectively shall forfeit for every such offence five pounds to be levyed as aforesaid to the use of the poor of the parish where such offence is or shall be committed And be it further Enacted by the Authority aforesaid That if the Clerk of the Market Forfeiture for taking unlawful fines or fees his Deputy or Deputies or Agents within the Verge aforesaid or any Mayor or any other Officer or Officers of any City or Town or any Lord or Lords of Liberties his or their Deputy or Deputies Agents or Assigns respectively shall take or receive of any of his Majesties Subjects by colour of the said Office any common Fine or Fines or any Fées other then are formerly allowed by the Statute or Statutes or ancient custome in that behalf made or used shall take any Fée or Fées or other sum of money Reward or consideration for the making Signing or Examination of any Weights or Measures which have béen formerly Marked or Sealed or shall Impose or Assess or cause to be Imposed or Assessed any Fine or Amerciament Fines or Amerciaments without a due and legal trial of the Offences for which the said Fine or Fines Amerciament or Amerciaments are Imposed or Assessed or shall otherwise misdemean himself in the execution of his said Office and be thereof lawfully convicted He shall forfeit for the first Offence whereof he shall also be so lawfully convicted five pounds And for the second offence ten pounds And for the third offence and every other offence afterwards twenty pounds to be levyed as aforesaid to the use of the pâ—or of the Parish where such offence shall be committed And be it Enacted That whosoever shall be fined or amerced by vertue of this Act St. 13 R. 1. 4. Persons â—ined by this Act not to be â—ined upon any former law Rents of ferms of corn excepted shall not be again fined or amerced for the same offence by vertue of any former Law or Statute Provided alwayes That this Act or Statute shall not extend to the Rents of Ferms or Lands or any Corn or Grain due or payable to any Lord or Lords or any Colledges Houses or other Societies by vertue of any â—ease or Leases or other Covenant or Agreement
on the one part and the person or persons farming on the other part shall be good and effectual in Law to all intents and purposes Provided alwayes to the end the aforesaid duty may be paid with most ease to the people It is hereby further Enacted Persons contracting that be nominated by the Iustice of the Peace in every County shall have the refusal of any Farm That the Lord Treasurer Commissioners of the Treasury or other persons aforesaid shall not within six moneths after the Commencement of this Act treat conclude or agrée with any person or persons touching the Farming of this duty upon Béer and Ale in any the respective Counties or Places of this Realm or Dominions thereof other then with such person or persons as by the Iustices of Peace of the said Counties or places or the major part of them at their publick Quarter Sessions shall be nominated and appointed in that behalf which person or persons is to have the first refusal of any such Farm respectively and may take the same Any thing in this Act to the contrary thereof in any wise notwithstanding Provided that the said duty shall not be let to any other person or persons then to the person or persons recommended by the Iustices under the rate that it shall be tendred to and refused by such person or persons so recommended Forfeitures offences within this Act where determined And be it further Enacted and Ordained by the Authority aforesaid That all forfeitures and offences made done and committed against this Act or any clause or article therein contained shall be heard adjudged and determined by such person or persons and in such manner and form as hereafter in and by this Act is directed and appointed that is to say all such forfeitures and offences made and committed within the immediate limits of the chief Office in London shall be heard adjudged and determined by the said chief Commissioners and Governors of Excise appointed by His Majesty or the major part of them or by the Commissioners for Appeals and regulating of this duty or the major part of them in case of Appeal and not otherwise And all such forfeitures and offences made and committed within all or any other the Counties Cities Towns or Places within this Kingdom or Dominions thereof shall be heard and determined by any two or more of the Iustices of the Peace residing near to the place where such forfeitures shall be made or offence committed And in case of neglect or refusal of such Iustices of the Peace by the space of 14 dayes next after complaint made and notice thereof given to the Offender then the Sub-Commissioners or the major part of them appointed for any such City County Town or Place shall and are hereby impowered to hear and determine the same And if the party find himself aggrieved by the Iudgment given by the said Sub-Commissioners Appeals by parties grieved he shall and may appeal to the Iustices of the Peace at the next Quarter Sessions who are hereby impowered and authorised to hear and determine the same whose Iudgment therein shall be final which said Commissioners for Appeals and regulating of this duty and the chief Commissioners for Excise and all Iustices of Peace and Sub-Commissioners aforesaid respectively are hereby authorised and strictly enjoyned and required upon any complaint or information exhibited and brought of any such forfeiture made or offence committed contrary to this Act to summon the party accused and upon his appearance or contempt to procéed to the examination of the matter of Fact and upon due proof made thereof either by the voluntary confession of the party or by the oath of one or more credible witnesses which Oath they or any two or more of them have hereby power to administer to give Iudgment or Sentence according as in and by this Act is before ordained and directed And to award and issue out Warrants under their hands for the levying of such forfeitures penalties and fines as by this Act is imposed for any such offence committed upon the Goods and Chattels of the Offender and to cause Sale to be made of the said Goods and Chattels if they shall not be redéemed within fourtéen days rendring to the party the overplus if any be and for want of sufficient Distress to imprison the party offending till satisfaction be made Provided nevertheless That it shall and may be lawful Fines and forfeitures may be mitigated to and for the said respective Iustices of Peace Commissioners for Excise or any two of them or their Sub-Commissioners respectively from time to time where they shall sée cause to mitigate compound or lessen such forfeiture penalty or fine as in their discretion they shall think fit And that every such mitigation and payment thereupon accordingly made shall be a sufficient discharge of the said penalties and forfeitures to the persons so offending so as by such mitigation the same be not made less than double the value of the duty of Excise which should or ought to have béen paid besides the reasonable costs and charges of such Officer or Officers or others as were imployed therein to be to them allowed by the said Iustices any thing in this Act to the contrary in any wise notwithstanding And it is hereby further Enacted and Ordained That all Fines How the fines and forfeitures shall be imployed Forfeitures and Penalties mentioned in this Act all necessary charges for the recovery thereof being first deducted shall be imployed thrée fourth parts thereof to and for the use of the Kings Majesty and the other 4th part to the Discoverer or Informer of the same And for the better managing collecting securing levying and recovering of all and every the said rates and charges of Excise hereby imposed and set upon all or any of the Commodities before mentioned to the end the same may be paid and disposed of according to the intent of this present Act Be it further Enacted and Ordained by the authority aforesaid and it is hereby Enacted That one principal Head-Office shall be erected and continued in the City of London or within ten miles thereof from time to time as long as his Majesty shall think fit for this duty unto which all other Offices for the same within England and Wales and the Town and Port of Berwick shall be subordinate and accomptable Which said Office shall be managed by such Officers as shall be appointed by the Kings Majesty as aforesaid who or any two of them Commissioners and Governors for managing the Receipts of Excise are hereby appointed and constituted Commissioners and Governours for the management of His Majesties Receipt of the Excise and to sit in some convenient place in the City of London or within ten miles thereof from time to time as long as his Majesty shall think fit And be it Enacted by the Authority aforesaid That no person or persons shall be capable of
two or more credible witnesses in such manner and from time to time as he shall respectively think fit to dispose of the custody and tuition of such child or children for and during such time as he or they shall respectively remain under the age of 21 years or any lesser time to any person or persons in possession or remainder other then Popish Recusants And that such disposition of the custody of such child or children made since the 24th of February Actions of ravishment of wards 1645. or hereafter to be made shall be good and effectual against all and every person or persons claiming the custody or tuition of such child or children as Guardian in soccage or otherwise And that such person or persons to whom the custody of such child or children hath béen or shall be so disposed or devised as aforesaid shall and may maintain an action of Ravishment of Ward or Trespass against any person or persons which shall wrongfully take away or detain such child or children for the recovery of such child or children and shall and may recover damages for the same in the said Action for the use and benefit of such child or children And be it further Enacted The sands of children and the management of their personal estate by their guardians That such Person or Persons to whom the custody of such Child or Children hath béen or shall be so disposed or devised shall and may take into his or their custody to the use of such Child or Children the profits of all Lands Tenements and Hereditaments of such Child or Children and also the custody tuition and management of the Goods Chattels and personal Estate of such Child or Children till their respective Age of 21 years or any lesser time according to such disposition aforesaid and may bring such Action or Actions in relation thereunto as by Law a Guardian in common soccage might do Provided also That this Act or any thing therein contained shall not extend to alter or preiudice the custom of the City of London nor of any other City or Town Corporate or of the Town of Berwick on Tweed concerning Orphants nor to discharge any Apprentice from his Apprenticeship Provided also That neither this Act nor any thing therein contained Proviso touching Titles of honour feodal shall infringe or hurt any Title of Honour Feodal or other by which any person hath or may have right to sit in the Lords House of Parliament as to his or their Title of Honour or sitting in Parliament and the priviledge belonging to them as Péers This Act or any thing therein contained to the contrary in any wise notwithstanding And whereas by like experience it hath béen found Purveyances and provisions for the Kings house-hold taken away Alt. St. 13 Car. 2. cap. 7. that though divers good strict and wholesome Laws have béen made in the times of sundry his Majesties most noble Progenitors some extending so far as to life for Redress of the grievances and oppressions committed by the persons imployed for making provisions for the Kings houshold Carriages and other purveyance for his Majesty and his occasions Yet divers oppressions have béen still continued and several Counties have submitted themselves to sundry Rates and Taxes and Compositions to redéem themselves from such vexations and oppressions And forasmuch as the Lords and Commons assembled in Parliament do find that the said Remedies are not fully effectual and that no other remedy will be so effectual and just as to take away the occasion thereof especially if satisfaction and recompence shall be therefore made to his Maiesty his Heirs and Successors which is hereby provided to his Majesties good liking and content His Majesty is graciously pleased That it may be Enacted And be it Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords and Commons in this present Parliament assembled That from henceforth no sum or sums of Money or other thing shall be taken raised tared rated imposed paid or levied for or in regard of any provision Carriages or purveyance for his Majesty His Heirs or Successors Purveyances for the King Queen c. And that henceforth no person or persons by any Warrant Commission or Authority under the Great Seal or otherwise by colour of buying or making provision or purveyance for his Majesty or any Quéen of England for the time being or of any the Children of any King or Quéen of England for the time being Timber Carts Carriages c. taken away or that shall be or for his their or any of their Houshold shall take any Timber Fewel Cattel Corn Grain Mault Hay Straw Victual Cart Carriage or other thing whatsoever of any the Subjects of His Majesty His Heirs or Successors without the free and full consent of the Owner or Owners thereof had and obtained without menace or enforcement nor shall summon warn take use or require any the said Subjects to furnish or find any Horses Oxen or other Cattel Carts Ploughs Wains or other Carriages for the use of His Majesty His Heirs or Successors or of any Quéen of England or of any Child or Children of any the Kings or Quéens of England for the time being for the carrying the Goods of His Majesty His Heirs or Successors or the said Quéens or Children or any of them without such full and frée consent as aforesaid any Law Statute Custom or Vsage to the contrary notwithstanding No pre-emption to be allowed or claimed in behalf of the King c. And be it further Enacted That no pre-emption shall be allowed or claimed in the behalf of His Majesty or of any His Heirs or Successors or of any the Quéens of England or of any the Children of the Royal Family for the time being in Market or out of Market but that it be for ever hereafter frée to all and every of the Subjects of His Majesty to sell dispose or employ his said Goods to any other person or persons as himself listeth any pretence of making provision or purveyance of Victual Carriages or other thing for his Majesty His Heirs or Successors or of the said Quéens or Children or any pretence of pre-emption in their or any of their behalfs notwithstanding And if any person or persons shall make provision or purveyance for His Majesty His Heirs or Successors The Penalty or any the Quéens or Children aforesaid or impress or take any such Carriages or other things aforesaid on any pretence or colour of any Warrant aforesaid under the Great Seal or otherwise contrary to the intent hereof it shall be be lawful for the Iustices of Peace or such two or one of them as dwell near and to the Constables of such parish or Village where such occasion shall happen at the request of the party grieved And they are hereby enioyned to commit or cause to be committed the party or parties so doing and
of this duty be first paid and satisfied by the said Victualler or Retailer to the Brewer or Maker thereof Provided alwayes That if any person or persons shall brew and sell by retail any small quantities of béer or ale in any Fair within this Realm Proviso for Beer and Ale sold in Fairs or Dominions aforesaid who is not otherwise any common or usual Brewer or Retailer thereof and shall before any such selling and retailing thereof well and truly pay and satisfie the duty due for the same to the Commissioners or Sub-Commissioners within whose Limits or Division the said Fair shall be held or to their Officers thereunto appointed Then such person or persons so brewing or retailing the same and for so much and no more nor otherwise shall be freed and discharged from all penalties and forfeitures in and by this Act before mentioned and imposed Any thing therein contained to the contrary notwithstanding Provided nevertheless that it shall and may be lawful to and for the said Commissioners The Commissioners may compound for the Excise in their Divisions and Sub-Commissioners respectively to compound for this Duty with any Inn-kéeper Victualler Alehouse-kéeper or Retailer of Béer Ale and other the Liquors aforesaid within their respective Divisions from time to time and in such manner and form as may be most for the advantage and improvement of the receipts thereof Any thing in this Act before contained to the contrary notwithstanding And it is further Ordained and Enacted by the Authority aforesaid That the Lord Treasurer The power of the Lord Treasurer c. to contract for farming any the rates or duties in this Act. or Commissioners of the Treasury for the time being or such other person or persons as His Majesty His Heirs and Successors shall appoint shall have power and are hereby authorised and impowered from time to time to treat contract conclude and agrée with any person or persons for or concerning the Farming of all or any the Rates Duties and Charges in this Act mentioned upon Béer Ale Perry Syder or other the Liquors aforesaid in any the respective Counties Cities or Places of this Realm or Dominions thereof as may be for the greatest benefit and advantage of the said Receipt so as the same excéed not the term of Thrée years And be it further Enacted That every such Contract Bargain and Agréement of the Lord Treasurer or Commissioners of the Treasury or other persons aforesaid on behalf of His Majesty on the one part and the person or persons farming on the other part shall be good and effectual in Law to all intents and purposes Provided alwayes to the end the aforesaid duty may be paid with most ease to the people Persons to be approved by the Iustices of the Peace c. within six moneths to have the refusal of contracting for the Excise in these respective Counties It is hereby further Enacted That the Lord Treasurer Commissioners of the Treasury or other persons aforesaid shall not within six moneths after the Commencement of this Act treat conclude or agrée with any person or persons touching the Farming of this duty upon Béer and Ale in any the respective Counties or Places of this Realm or Dominions thereof other then with such person or persons as by the Iustices of Peace of the said Counties or places or the major part of them at their publick Quarter Sessions shall be nominated and appointed in that behalf which person or persons is to have the first refusal of any such Farm respectively and may take the same Any thing in this Act to the contrary thereof in any wise notwithstanding Provided that the said duty shall not be let to any person or persons then to the person or persons recommended by the Iustices under the rate that it shall be tendred to and refused by such person or persons so recommended And be it further Enacted and Ordained by the Authority aforesaid Forfeiture and offences within this Act how to be determined That all forfeitures and offences made done and committed against this Act or any clause or article therein contained shall be heard adjudged and determined by such person or persons and in such manner and form as hereafter in and by this Act is directed and appointed that is to say all such forfeitures and offences made and committed within the immediate limits of the chief Office in London shall be heard London adjudged and determined by the said chief Commissioners and Governors of Excise appointed by His Majesty or the major part of them or by the Commissioners for Appeals and regulating of this duty or the major part of them in case of Appeal and not otherwise Counties Cities c. within this Kingdom And all such forfeitures and offences made and committed within all or any other the Counties Cities Towns or Places within this Kingdom or Dominions thereof shall be heard and determined by any two or more of the Iustices of the Peace residing near to the place where such forfeitures shall be made or offence committed Neglects of the Iustices And in case of neglect or refusal of such Iustices of the Peace by the space of fourtéen dayes next after complaint made and notice thereof given to the Offender then the Sub-Commissioners or the major part appointed for any such City County Town or Place shall and are hereby impowered to hear and determine the same And if the party find himself aggrieved by the Iudgment given by the said Sub-Commissioners he shall and may appeal to the Iustices of the Peace at the next Quarter Sessions who are hereby impowered and authorised to hear and determine the same whose Iudgment therein shall be final which said Commissioners for Appeals and regulating of this duty and the chief Commissioners for Excise and all Iustices of Peace and Sub-Commissioners aforesaid respectively are hereby authorised and strictly enjoyned and required upon any complaint or information exhibited and brought of any such forfeiture made or offence committed contrary to this Act to summon the party accused and upon his appearance or contempt to procéed to the examination of the matter of Fact and upon due proof made thereof either by the voluntary confession of the party or by the oath of one or more credible witnesses which Oath they or any two or more of them have hereby power to administer to give Iudgment or Sentence Levying the forfeitures according as in and by this Act is before ordained and directed And to award and issue out Warrants under their hands for the levying of such forfeitures penalties and fines as by this Act is imposed for any such offence committed upon the Goods and Chattels of the Offender and to cause Sale to be made of the said Goods and Chattels if they shall not be redéemed within fourtéen days rendring to the party the overplus if any be and for want of sufficient Distress to imprison the party
in Parliament in the Twelfth year of His Majesties Reign Entituled An Act for taking away the Court of Wards and Liveries and Tenures in Capite and by Knights Service and Purveyance and for setling a Revenue upon His Majesty in lieu thereof It was amongst other Things Enacted for the Reasons and Recompence therein expressed That from thenceforth no person or persons by any Warrant Commission or Authority under the Great Seal or otherwise by colour of buying or making Provision or Purveyance for his Majesty or any Quéen of England for the time being or of any the Children of any King or Quéen of England that shall be or for his their or any of their Houshold shall take any Cart Carriage or other thing whatsoever of any of the Subjects of His Majesty his Heirs or Successors without the frée and full consent of the Owner or Owners thereof had and obtained without Menace or enforcement nor shall summon warn take use or require any the said Subjects to furnish or find any Horses Oxen or other Cattel Carts Ploughs Wayns or other Carriages for the use of his Majesty his Heirs or Successors or of any Quéen of England or of any Child or Children of any the Kings or Quéens of England for the time being for the Carrying the Goods of his Majesty his Heirs or Successors or the said Quéens or Children or any of them without such full and frée consent as aforesaid any Law Statute Custome or Vsage to the contrary notwithstanding which Act may prove very prejudicial and inconvenient to the Kings Majesty in his Royal Progresses upon his necessary occasions to several parts of this Realm in case any person or persons shall obstinately refuse voluntarily to provide sufficient Carriages for Royal service at ordinary and usual Rates for such Carriages as are paid by others of his Subjects in such places contrary to the true intent and meaning of the said Act. Clerk or chief Officer of his Majâ—sties carriages by Warrant from the Green-cloath to provide Carts c. for his Majesties use Be it therefore Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords and Commons in this present Parliament assembled That the Clark or chief Officer of his Majesties Carriages shall thrée dayes at least before his Majesties Arrival by Warrant from the Gréen cloth give notice in writing to two or more of his Majesties Iustices of the Peace next adjoyning to provide such a number of Carts and Carriages from the places next adjacent as His Majesty shall have present use of expressing the certainty of that number as also the time and place when and where the said Carts and Carriages are to attend which Carriages shall consist of four able Horses or six Oxen or four Oxen and two Horses for each of which Cart or Carriage Penalty for refusing to furnish his Majesty the respective Owners shall receive six pence for each Mile they shall go laden And that in case any of his Majesties Subjects of this Realm shall refuse to provide and furnish His Majesty that now is or His Quéen that shall be or His or Her Houshold in their Progress or removals with such sufficient and necessary carriages for their Wardrobe and other necessaries for ready monies tendred to them or shall without just and reasonable cause refuse to make their appearance with such sufficient Carts and Carrâ—â—ges as are before exprest that then upon due proof and conviction of such neglect and refusal by the Oath of the Constable or other Officer or two other credible Witnesses before the said Iustices of the Peace of the County or Mayor or other chief Officer of the City or Corporation where he or they inhabit which Oath they shall have power to administer the party so refusing shall for such his refusal and neglect forfeit the sum of Forty shillings to the King's use to be forthwith levied by distress and sale of his Goods and Chattels rendring to the parties the overplus upon every such sale if there shall be any by Warrant from the said Iustices of the Peace Mayor or other chief Officer Provided alwayes That no Horses Oxen Cart or Wain No horses or carriages to travel above a dayes journey nor without pay of ready money shall be enforced to travel above one dayes journey from the place where they receive their Lading and that ready payment shall be made in hand for the said Carriages at the place of Lading without delay according to the aforesaid Rates And in case any Iustice of the Peace Mayor chief Officer or Constable shall take any Gift or Reward to spare any person or persons from making such Carriage or shall injuriously charge or grieve any person through envy hatred or evill will who ought not to make such Carriage or shall Impress more Carriages then he shall be directed from the Gréen Cloth to do That then upon due proof and conviction thereof the party so offending shall forfeit the sum of Ten pounds to the party thereby grieved or any other who shall sue for the same to be recovered by Action of Debt in any of his Majesties Courts of Record wherein no Protection Essoin Penalty for wrongfull charging any person or Wager of Law shall be allowed And in case any person or persons shall presume to take upon him or them to Impress any horses Oxen cart wain or carriages for his Majesties service other then the person so impowered then he or they so offending shall upon due conviction of the said offence incur and suffer the punishment contained in the first recited Act. And whereas of late in his Majesties Progresses excessive Rates and Prices have béen exacted from his Maiesties servants for lodging horse-meat stable-room and other accomodations Rates for horse-meat and diet for his Majesties Servants Be it therefore Enacted by the Authority aforesaid That none of his Majesties said Servants shall be compelled to pay above one shilling by the night for every bed that they shall use for their servants And that in all such houses where any of his Majesties said servants shall pay for their dyet or for hay and provender for their horses convenient lodging shall be provided for themselves and their Servants without paying any thing for the same And be it further Enacted by the Authority aforesaid Rates Prices to be set down by two Iustices of the Peace that any two or more of the Iustices of the Peace near adjoyning to the Road through which his Majesty is to pass shall immediately after notice in writing from the said Gréen Cloth and Avenor under their hands and seals set down and appoint such reasonable Rates and Prices to be paid during his Majesties abode there both for hay oats and other accomodations for horses as they in their discretion shall think méet which Rates one day at the least before his Majesties coming to such place the said Iustices
Walls or before any Noblemens Houses Buildings or Walls or before any other publick houses Buildings or places whatsoever respectively And be it further Enacted by the Authority aforesaid That from and after the first day of May No Barrels Tymber coaches or other things to be see or mended in the streets The Penalty The duty of the Scavengers Rakers weekly One thousand six hundred sixty and two no person or persons shall Hoop Wash or cleanse any Pipes Barrells or other Casks or Vessels in any the Stréets Lanes or open Passages aforesaid nor shall set out empty Coaches to make or mend or rough Timber or Stones to be sawn or wrought in the Stréets on the Penalty of twenty shillings for every Offence And be it further Enacted by the Authority aforesaid That the Rakers Scavengers or other Officers thereunto appointed every day in the Wéek except Sundayes and other Holidayes shall bring or cause to be brought Carts Dung-pots or other fitting Carriages into all Stréets and places within their respective Wards Parishes Charges and Divisions where such Carts or Carriages can pass and at or before their approach by a Bell Horn Clapper or otherwise shall make distinct and loud noise and give notice to the Inhabitants of their coming and make the like noise and give the like notice in every Court Alley or Place into which the said Carts cannot pass and abide and stay there a convenient time in such sort that all persons concerned may bring forth their respective Ashes Dust Dirt Filth and Soil to the respective Carts or Carriages so staying as aforesaid all which the said Rakers Scavengers or other Officers aforesaid shall daily carry or cause to be carried away upon pain to forfeit forty shillings for every offence or neglect respectively And be it further Enacted by the Authority aforesaid That all the open Stréets All open streets to be paved and so kept by the several housholders Lanes and Alleyes within the said Cities and Places aforesaid excepting only the new Paving of such Stréets and Places for which any of the Inhabitants have contributed and paid their respective Proportions to the Commissioners before named according to the rates aforesaid shall be forthwith sufficiently repaired or Paved and from time to time hereafter maintained and kept sufficiently repaired or Paved at the costs and charges of the Housholders in the same Stréets Lanes and Alleys respectively in manner following that is to say every of the said Housholders to repair and pave and to kéep repaired and paved the Stréets Lanes or Alleys before his house and so far as his housing Walls or Building extend unto the Channel or middle of the same Stréet Lane or Alley upon pain to forfeit Twenty shillings for every Perch or Rod and after that Rate for a greater or lesser quantity for every Default The penalty for not paving and of Twenty shillings a wéek for every wéek after untill the same shall be sufficiently paved and amended Provided alwayes That such ancient Stréets Lanes and Alleys within the said Cities Proviso for the Borough of Southwark or either of them the Suburbs and Liberties thereof and Borough of Southwark as by custom and usage have béen repaired and paved in other manner shall be hereafter repaired paved and maintained in such sort and manner and by such person and persons as have heretofore used to repair pave and maintain the same under the penalties aforesaid Any thing in this Act contained to the contrary thereof in any wise notwithstanding And be it further Enacted by the Authority aforesaid Candles or lights to be hung out every night from Michaelmas to Lady-day That every housholder within the said Cities the Suburbs and Liberties thereof and in all other the places aforesaid whose house adjoyns unto and is next the stréet from Michaelmas untill our Lady-day yearly shall every night set or hang out Candles or Lights in Lanthorns or otherwise in some part of his house next the Stréet to enlighten the same for Passengers from such time as it shall grow dark untill nine of the Clock in the Evening upon pain to forfeit the sum of one shilling for every default Who may convict persons offending and upon view or otherwise levy the penalties by this Act. And for the more speedy Reformation and punishment of all and every the offences aforesaid Be it further Enacted by the Authority aforesaid That every one of his Majesties Iustices of either Bench and Barons of his Exchequer and every Iustice of Peace of the said Cities of London and Westminster and places aforesaid within their several limits respectively shall have power and Authority upon his own knowledg or view confession of the party or proof of one credible witness upon Oath before him which oath by vertue of this Act such Iustice shall have power to administer to convict any person or persons of any the offences aforesaid whereby such person or persons so convict shall incur the Penalties and forfeitures aforesaid one moyety whereof shall be disposed and imployed for and towards the reparation paving and cleansing of the stréet or place where the offence shall be committed and as much or all of the other moyety as the Iustice shall think fit for him or them that shall discover and prosecute the same in case the said conviction be by such discovery and prosecution and if the conviction be by the view or knowledg of such Iustices then the said whole penalty to go and be imployed for and towards the repairing paving and cleansing of the said stréets or place and shall be levied by distress and sale of the Goods and Chattels of the offender by Warrant under the hand and seal of any such Iustice to be directed to the Constable or any other Officer of the same Parish rendring the surplusage to the party and in default of distress or not payment of the said penalties within six dayes after demand thereof or notice in writing left at the house or dwelling place of the offender by the said Constable or any other Officer the said offender not being a Péer of this Realm shall be committed to the Common Goal of the said County or City respectively by the Warrant of any such Iustice under his hand and Seal there to remain without Bail or Mainprize untill payment And for the better raising and levying of moneyes to defray the charges and pay the Wages of the said Scavengers Rakers or other Officers imployed in cleansing of the Stréets Lanes Alleyes and other places aforesaid and carrying of the said ashes dirt filth and soil Be it further Enacted by the Authority aforesaid Rates and taxes to be made for defraying the charges and wages of Scavengers and others That within the City of London and Liberties thereof the Scavengers Rakers and such like Officers shall be elected and the Rates Taxes and Assesments for Scavengers Rakers and such like Officers wages for cleansing the
Stréets shall be rated taxed assessed raised and paid by the Parishioners and Inhabitants of every Parish and Precinct respectively within the said City and Liberties thereof according to the ancient Custom and usage of the said City And the Receivers of all such moneyes shall be accomptable as formerly And all new Messuages Tenements and Houses within the limits aforesaid shall be likewise rated taxed and assessed and shall pay proportionably with others And that within the City of Westminster the said Officers shall be chosen and the Rates made and paid according to the ancient Custom of the said City How and when to elect Scavengers And in all other the Parishes and places aforesaid upon every Tuesday or Wednesday in Easter-Wéek the Constables Churchwardens and Overséers for the Poor and Surveyors of the High-wayes of every of the said Parishes and places respectively or the greater number of them giving notice unto or calling together such other Inhabitants of their respective Parishes as have formerly born the like Offices therein they or the greater number of them shall make choice of and shall nominate and appoint two or more able persons that are Tradesmen of their Parish to be Scavengers for the Stréets Lanes and other open Passages of each Ward and Division within the said Parish for the year then next following and untill others be chosen and setled in their Places which persons so chosen and being approved and confirmed under the hands of any two Iustices of Peace within their respective Limits and Iurisdictions shall within seven dayes after their Election and Confirmation and notice thereof take that Office and Duty upon them upon pain to forfeit Twenty pounds by every refuser respectively And in case of refusal by any person or persons so chosen and confirmed then other able persons shall be chosen and confirmed in manner aforesaid within seven dayes after such refusal in the place of him or them which shall so refuse and the person or persons so chosen and confirmed and having notice thereof shall undergo the like pain in case of refusal or not taking the said Office and Duty upon him or them within seven dayes after he or they shall be chosen and confirmed and have notice thereof as aforesaid The said Penalties to be disposed and employed for or towards the mending and repairing of the Stréets and Wayes of the same Parish Ward or Division and to be levyed by Distress and Sale of the Goods and Chattels of the Offender by Warrant under the hand and seal of any Iustice of the Peace of any of the places aforesaid to be directed to the Constables or other Officers of the same Parish or any two or more of them rendring the surplusage to the party and in default of distress or not payment within six dayes after demand thereof or notice left in writing at the house or dwelling place of the offender by the said Constables or officers the said offender to be committed to the Goal of the said County or City respectively by the Warrant of any such Iustice under his hand and seal there to remain without Bail or Mainprize untill payment And be it further Enacted by the Authority aforesaid That within twenty dayes after the Election and Confirmation of the said Scavengers as aforesaid the Constables Churchwardens and Overseers for the Poor and of the High-wayes of the said Parishes and places respectively or the greater number of them giving notice unto or calling together such Inhabitants of their respective Parishes as have formerly born the like office therein They or the greater number of them then present shall make and settle a Tax Rate or Assessment Taxes and Assesments to be made yearly by a Pound-rate according to a Pound-rate to be imposed or set upon the Inhabitants of the said Parish Ward or Division for the year following for the purposes aforesaid which being allowed and confirmed by any two of the Iustices of the Peace of the places aforesaid respectively shall be quarterly paid by every respective Inhabitant upon demand made thereof by the Beadle of the Parish or other officer appointed to gather and collect the same And in case of refusal or neglect shall by Warrant of any two such Iustices of the Peace under their hands and seals be levied by distress and sale of the offenders goods and for want of distress by imprisonment of the offender he not being a Peer of this Realm untill payment as aforesaid Provided alwayes and be it Enacted by the Authority aforesaid Actions brought against any Commissioner or Officer imployed by this Act the Defendant may plead the General issue That if any Action or Suit shall be brought or prosecuted by any person or persons against any Iudg Commissioner Iustice of the Peace Constable or other Officer or Minister aforesaid or against any person or persons imployed by them or any of them or authorized by this Act to do or perform as by this Act is directed for any matter cause or thing by them or any of them done committed or executed by vertue or reason of this Act or any Clause or Article therein contained that then in every such case the Action shall be laid in the proper County where the fact was done and not elsewhere and the Defendant or Defendants may plead the General Issue And give the special matter in Evidence and give the special Matter in Evidence at the Tryal That the same was done in pursuance and by Authority of this Act And if upon Examination it shall so appear to be done the Iury shall find for the Defendant and in such case or if the Plaintiff shall be Nonsuit or discontinue his Action after the Defendant hath appeared the Defendant shall have and recover his or their double costs which he or they shall sustain or be put unto by reason of his or their wrongful vexation in defence of the said Action or Suit And whereas the several Stréets and Passages hereafter mentioned that is to say The Stréet or Passage at or near the Stocks in London The enlargement of Passage in narrow and incommodious streets the Stréet and Passage from Fleet-Conduit to St. Pauls Church in London the Passage through the White-Hart-Inn from the Strand into Covent-Garden the Stréet and Passage by and near Exeter-House and the Savoy being obstructed by a Rail and the unevenness of the ground thereabouts the Passage and Stréet of St. Martins-Lane out of the Strand the Passage or Stréet of Field-Lane commonly called Jack-an-apes-lane going betwéen Chancery-Lane and Lincolns-Inn-Fields the Passage and Gate-house of Cheap-Side into St. Pauls Church-yard the Passage against St. Dunstans Church in the West being obstructed by a Wall the Street and Passage by and near the West-end of the Poultrey in London and the Passage at Temple-Bar are so narrow that they are incommodious to Coaches Carts and Passengers and prejudicial to Commerce and Trading The Lord Mayor of London
Liberty or Limit wherein the same lieth by distress and sale of the Goods as is aforesaid Accompts to be given by the Surveyors yearly of all Money raised for mending the High-ways And be it further Enacted by the Authority aforesaid That every person so Elected and taking upon him or them the Office of Surveyor or Surveyors as aforesaid shall within one moneth next after the expiration of the year wherein he executed the said Office as Surveyor of the High-ways make and yield up to the Inhabitants of the Parish Town Village or Hamlet at some publick Méeting to be appointed by the said Inhabitants a perfect Accompt in Writing under his and their Hands of all the Moneys he or they received or paid within his or their year for or by reason of his or their Office namely of whom and what received and to whom and what paid and what Moneys are in arrear and unpaid either for Assessments Fines Forfeitures Penalties and charitable Gifts and if any overplus be in his or their hands he or they shall return and pay the same to the next Surveyors or one of them for the use of the Parish Town Village or Hamlet to be disbursed in and about the High-ways in the following year And if the said Surveyor or Surveyors shall not make such an Account and Payment as before any two Iustices of the Peace living near to or in the said Parish shall and may upon complaint unto them made examine the business upon Oath and upon default found in the Surveyor or Surveyors shall and may commit him or them to the Common-Goal of that County City Riding Town-Corporate Liberty or Limit there to remain until he hath made a true and perfect Account and Payment as aforesaid Who may enquire hear and determine offences against this Act. And be it further Enacted That all and every Iustices of Assise Oyer and Terminer and Iustices of the Peace shall have power and authority and are hereby enabled and impowred to inquire after hear and determine all matters concerning charitable Gifts for the making amending and kéeping in repair any Common High-ways Pavements Stréets and Cawseys within the limits of their Commission and to make Orders therein for the due imployment of such charitable gifts according to the true intent and meaning of the Donors thereof Except gifts to the aforesaid uses made to any Colledg Hall Frée-School or Hospital which have Visitors of their own and also to hear and determine all offences defaults and defects in Surveyors or others concerning the premisses Appeal allowed to persons grieved 43 El. cap. 4. In what cases only a Certiorari may be allowed to remove any Indictment c. upon this Act. Provided That if any person be agrieved with such Order they shall have liberty to appeal to the Court of Chancery as in the case of a Decrée made upon the Statute of Charitable Vses And be it further Enacted by the Authority aforesaid That from and after the First day of May One thousand six hundred sixty and two no Certiorari shall be allowed to remove any Information Indictment Presentment Order or other procéedings in the Quarter-Sessions of for or concerning any matter or thing in this Act unless the party or parties against whom any such Information Indictment Presentment Order or other procéedings shall be had by vertue of this Act shall before the allowance of such Certioraries become bound to the person or persons prosecuting in the sum of Forty pounds with such sufficient sureties as the Iustices of Peace at their said Quarter-Sessions of the Peace shall think fit with condition to pay unto the said prosecutors within one moneth after the conviction of such parties indicted their full costs and damages to be ascertained upon their Oaths and that in default thereof it shall be lawful for the said Iustices to procéed to trial of such Indictments any such Writs of Certiorari to remove the same Indictments notwithstanding Laycock Bridge in Com. Wilts And whereas at a general Quarter-Sessions held for the County of Wilts It was at the humble Petition of the Petitioners of Laycock and other Inhabitants of the said County Ordered That one ancient Bridge called Foot-Bridge leading thorow the said Parish betwéen London Bath and Bristol being more commodious for all Passengers than on◠other Bridge in the said Parish called Rey-Bridge should be repaired and made passable for all Carts Waggons and Carriages with the Materials of Rey-Bridge which was thereby Ordered to be taken down which Order was accordingly put in execution in the said County and Parish Be it therefore Enacted by the Authority aforesaid That the said Parishioners and all others imployed by them in the pulling down the said Bridge called Rey-Bridge and imploying the Materials thereof as aforesaid shall be and are hereby indemnified from all suits troubles and molestations whatsoever touching or concerning the same and that the said Parishioners of Laycock and other the aforesaid Inhabitants shall not hereafter be compelled by Information or Indictment or any other way be made chargeable with the re-building of the said Bridge called Rey-Bridge otherwise than for the maintaining the said Bridge sufficient for Horse and Pack as it now stands any Law or Statute to the contrary in any wise notwithstanding Wildes of Surrey Sussex Kent Provided likewise and be it Enacted That this Act shall not extend to exempt any Owner Farmer or Lessée of any Iron work or other person within the Wildes of the Counties of Surrey Sussex or Kent for carrying so many load of Cinder Gravel Stones and other materials or contributing such sums of money towards the amending and repairing of the High-ways as they are obliged to by any former Acts. 14 15 H 8. cap. 6. 39 El. ca. 19. And be it further Provided and Enacted That where the Iustices of the Peace of any County at their General Quarter-Sessions or any two of such Iustices near to any Parish Township or Hamlet shall be fully satisfied that the High-ways and Bridges within the same may and will be sufficiently amended and repaired according to former usage without the help of this Act that then and in such Cases only there shall no Assessment be made within the same for and towards their reparations by vertue of this Act. Provided always And be it further Enacted by the Authority aforesaid That the Iustices of Peace of the County of Middlesex in their publick Sessions of the Peace shall have power and authority to make Orders for erecting or setting up a new Bridge of Brick or Stone fitting for the passage of Carts and Carriages in the room and place of a Bridge now only passable for Foot and Horse called Stratford-Bridge in the Parish of Hillingdon in the said County Stratford Bridge Hillingdon Middlesex or in some other more convenient place near thereunto at the present charge of the whole County for the erecting of the same but
seisure as aforesaid he or they shall forfeit for every such offence the sum of Twenty pounds for the uses and to be recovered as aforesaid And if any of the said Artificers and Dealers in cutting of Leather do refuse to be present with the said Searchers whensoever the same shall be desired by the said Master and Wardens of the Company of the Curriers or such persons thereto assigned by them as aforesaid then for every such default the persons so refusing shall forfeit the sum of Ten pounds for the uses and to be recovered as aforesaid CAP. VIII An Act for Distribution of Threescore thousand pounds amongst the truly Loyal and Indigent Commission-Officers and for Assessing of Offices and Distributing Moneys thereby raised for their further Supply EXP. CAP. IX For Relief of Poor and Maimed Officers and Souldiers who have faithfully served His Majesty and His Royal Father in the late Wars FOrasmuch as divers of His Majesties Loyal and Faithful Subjects who out of the sense of their Duty and Allegiance to his Majesties Royal Father of ever Blessed and Glorious Memory and to His Majestie that now is have during the late Wars wherein they have béen Imployed both by Sea and Land as Officers Souldiers and Mariners in the said Service exposed themselves to the utmost hazard of their Lives loss of their Limbs and utter ruine of their Fortunes and for whose Subsistence and Relief there is not yet any competent Provision made Nor for the Relief of the Widows and Orphans of such as have died or béen slain in the said Service And to the end that such as have béen eminent for their Loyalty and Sufferings The inducement and ground of this Act. in so good and just a Cause as the Defence of His Majesties Royal Person and Government may not passe without some Mark of Favour or Reward to be set upon them And that others may thereby receive all due Encouragement for the time to come to continue Loyal and Faithful to His Majesties Service according to their bounden Duty Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by Authority of the same That from the First day of this present Parliament every Parish within this Realm of England and Dominion of Wales and Town of Berwick upon Tweed shall be charged wéekly to the payment of such sum of Money as formerly they have béen rated by vertue of a Statute made in the Forty third year of Quéen Elizabeth Chapter the third 43 El. cap. 3. concerning the Relief of Mariners and Souldiers for and to such end and purpose How Parishes may be charged assessed and levied And likewise such further sum of Money over and besides the same as by His Majesties Iustices of the Peace in their next Quarter-Sessions to be held after the Feast of Easter next ensuing or the major part of them or at any other Quarter-Sessions to be hereafter by them held shall be adjudged méet to be Assessed upon every Parish or Chappelry that hath distinct Parochial Officers so as the said additional sum excéed not the sum of Two shillings and six pence nor be under the sum of Thrée pence each wéek for each such Parish or Chappelry the same to be levied in manner and form by such persons and under such penalties as by the said Statute of Quéen Elizabeth is Enacted and Declared And to be paid to the Treasurers for the Maimed Souldiers Treasurer for Maimed Souldiers appointed by the Iustices of the County or Liberty by vertue of this Act and the Statute of Quéen Elizabeth aforesaid Which said Treasurers shall be ordered to issue out and account for the same in such manner and under such penalties as by the said Statute is further Enacted and Declared And be it further Enacted by the Authority aforesaid â—fficers â—â—â—ldiers or â—â—â—triners Maimed or indigent how to be relieved That every Officer Souldier or Mariner maimed indigent aged or disabled in body for work in the Service of His said late Majesty or His Majesty that now is during the late Wars or which are so Impoverished by their Sufferings under any of the late Vsurped Powers as that they are destitute of any competent Subsistence or Livelihood and have continued Faithful to his Trust and not deserted the same by taking up Arms against His said late Majesty or His Majesty that now is or otherwise shall forthwith repair to the place where he was last setled before he took up Arms with a Certificate of his Service and hurts received under the hand of his Captain or other Commissionated Officer And shall also repair unto the two next Iustices of the Peace in the County where such his Setling was And the said two Iustices upon the Examination of the Truth of such Certificate which the said two Iustices are hereby impowred to take upon Oath of the party and of such Witnesses as he shall produce shall by Warrant unto the Treasurer assign him Relief until the next Quarter-Sessions to be holden for that County or Liberty at which time a yearly Pension shall be by the said Iustices or the major part of them granted in Manner and Form and with Power of Revocation or Alteration as by the said Statute is further declared and directed And in case that the Captain or Officer appointed to make such Certificate be dead the said two Iustices shall have Power upon Request made to them in behalf of the party maimed or aged indigent or disabled as aforesaid by Persons of Credit to give such Relief as in case of Examination as aforesaid Widowes and Orphans of Souldiers And as touching the Widows and Orphans of such as have died or suffered death in the said Service It is hereby further Enacted by the Authority aforesaid That over and besides such Relief as they shall gain by their Work and Labour and shall be allowed by the Charity and Benevolence of the Parish Town or Hamlet where they are setled who are hereby required to have them in special regard the Treasurers for the Maimed Souldiers for such County shall allow such further Relief from time to time as shall be adjudged méet by the two next Iustices of the Peace of such County And the said Relief shall be paid out of the Surplusage of such Stock of Maintenance as shall remain in the hands of the said Treasurers after such Pensions and payment of them made and of which Surplusage and Allowance made unto such Widows and Orphans the said Treasurers shall give account from time to time and the same distribute in such manner as by the Iustices shall be directed and according to the Statute aforesaid Treasurers High-Constables c. to be called to Accompt for Moneys received And be it further Enacted by the Authority aforesaid That the Iustices of Peace in every County or Liberty or any
or within twenty miles compass of them or either of them all such grants powers priviledges and authorities as by this present Act or in or by the said Letters Patents of Incorporation are given or granted or mentioned to be given or granted for or concerning the regulation exercise or government of the said Trade Art or Mystery or any matter or thing relating thereunto or of such person or persons as do or shall exercise the same Any thing in the said Letters Patents or any Act Statute or other matter or thing to the contrary thereof in any wise notwithstanding And whereas there is a necessity lying upon the Silk-throwers to deliver their Winders or Doublers considerable quantities of silk which being of a good value is by evil disposed persons many times unjustly deceitfully and falsly purloined imbezeled pawned sold and detained to the great damage and somtimes the utter undoing of the Thrower who employs the said persons Be it further Enacted by the Authority aforesaid That every such Silk-winder and doubler The punishment of silk-winders that imbezel goods delivered to them who shall at any time hereafter unjustly or deceitfully and falsly purloin imbezel pawn sell or detain any part of Silk delivered or to be delivered by any Silk-thrower or other person to them or any of them to wind or double that in every such case and cases as well the Winder or Iourneyman so offending as the Buyer and Buyers Receiver and Receivers of such Silk being thereof lawfully convicted by confession of the party or parties so offending or by one witness upon Oath before one or more of the Iustices of Peace of the County or Liberty where the same offence or offences shall be committed or if it be within any City or Town-Corporate before the Mayor Bailiff or chief Officer of the said City or Town-Corporate who by force of this Act are impowred and authorized to minister the same Oath and finally to hear and determine all and every the Offences aforesaid and to give and make to the party and parties grieved such recompence and Satisfaction for such their Dammage and Loss and Charges thereabouts as by the said Iustice or Iustices or Chief Officers shall be Ordered and Appointed Provided that no more damage be given or awarded then the party grieved shall prove he is damnified and hath expended in looking after the same And if the party or parties so offending shall not be able or sufficient to make recompence or satisfaction for the said Offence nor do make Recompence or Satisfaction for the same Offence or Offences within fourtéen dayes next after such conviction in such manner and form as by the Iustice or Iustices or Chief Officers shall be ordered and appointed as aforesaid then the party or parties so offending for the first Offence shall be apprehended and Whipped or set in the Stocks in the place where the Offence is committed or in some Market Town in the said County near unto the place where the Offence or Offences aforesaid shall be committed as shall be limited and appointed by the said Iustice or Iustices of the Peace or Chief Officers and for the second Offence to incur the like or such further punishment by whipping or being put in the stocks as the said Iustice or Iustices of the Peace or chief officers shall in their discretion think fit and convenient And be it likewise Enacted by the Authority aforesaid Persons receiving such imbezeled goods how to be punished That all and every Receiver and Receivers Buyer and Buyers of any silk or such as take to pawn any silk imbezeled or purloined contrary to the meaning of this Act matter of fact being proved shall make satisfaction within the time aforesaid or else shall be subject to like punishment as by this Act is inflicted or provided to be inflicted upon such person so imbezeling or purloyning any such Silk as aforesaid Provided always What persons may be imployed not having served as apprentices that it shall and may be lawful to and for any Fréeman of the said Company of Silk-throwers to set on work and imploy any person or persons being native Subjects to his Majesty and no others whether they be men women or children to turn the Mill tye threads double silk and wind silk as formerly they have used to do although such person or persons who shall be so set on work and imployed in the works and services aforesaid shall not have served or béen bred up as Apprentices to the trade of Silk-throwing by the space of seven years and that all and every the said person and persons who shall be set so on work and imployed by any Fréeman of the said Company in the works and services aforesaid shall and may be imployed by any Fréeman of the said Company in the works and services aforesaid or any of them without any let or molestation Any thing in this Act to the contrary notwithstanding Provided The said Corporation may not set rates upon their workmen and be it Enacted that the said Corporation of Silk-throwers shall not by vertue of this Act nor any thing therein contained make any Orders Ordinances or By-Laws to set any rates or prizes whatsoever upon the Throwing of Silk to bind or inforce their members to work at but that their respective members shall be left at liberty to contract with their respective Imployers and also with the persons that they imploy at such rates as they and their imployers and the persons imployed shall agree upon any thing in this Act to the contrary in any wise notwithstanding CAP. XVI For the more speedy and effectual bringing those persons to Account whose Accounts are excepted in the Act of Oblivion BE it Enacted by the Kings most excellent Majesty by and with the Advice and consent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by the Authority of the same That all and every person and persons who are accountable to the Kings Majesty and their Accounts are not pardoned but excepted by the late Act of Frée and General Pardon Indempnity and Oblivion 12 Car. 2. c. 11 The penalty against such persons as shall not within a certain time perfect their Accounts 33 H. 8. c. 39. and against whom there is any charge now remaining in his Majesties Exchequer and shall through their default not perfect his or their Account before the end of Trinity Term in the year of our Lord One thousand six hundred sixty and two That then the charge against all and every such person or persons shall be taken as a Debt by Writing Obligatory or Recognizance taken or acknowledged to the Kings Majesty according to the Statute of the thrée and thirtieth of King Henry the Eighth Chapter 39. And that all and every other person or persons whose Accounts are excepted in the said Act of Oblivion and have or shall have a Charge or Information against them in
of any of the Kings or Quéens of England for the time being for the carrying the Goods of his Majesty his Heirs or Successors or the said Quéens or children or any of them without such full and free consent as aforesaid Any Law Statute Custom or Vsage to the contrary notwithstanding Be it notwithstanding Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by the Authority of the same That from and after the Four and twentieth day of June in the year of our Lord How carriages shall be provided for his Majesties Navy and Ordnance One thousand six hundred sixty and two as often as the Service of his Majesties Navy or Ordnance shall require any Carriages by Land within the Kingdom of England and Dominion of Wales and Town of Berwick upon Tweed upon notice given in writing by Warrant under the hand and seal of the Lord High Admiral of England for the time being or under the hands and seals of two or more of the principal Officers or Commissioners of his Majesties Navy or under the hand and seal of the Master of his Majesties Ordnance for the time being or under the hand and seal of the Lieutenants of his Majesties Ordnance for the providing of Carriages for the respective service of the Navy or Ordnance unto two or more Iustices of the Peace dwelling near unto the place where the said Iustices of the Peace may and shall immediately issue forth their Warrants to such of the adjacent Parishes Hundreds or Divisions as they shall judge fit within their respective Counties and Divisions not being above Twelve Miles distant from the place of lading for the sending to a certain place and at certain times to be specified and appointed in the said Warrants such numbers of Carriages with Horses or Oxen sufficient for the said service as by the Lord high Admiral of England for the time being or by the Master or Lieutenant of his Majesties Ordnance for the time being or by the principal Officers or Commissioners of his Majesties Navy respectively as abovesaid shall be by writing under their hands and seals required the Owners of which Carriages or their Servants The rates allowed for carriages shall receive for every Load of Timber per mile one shilling for every reputed mile which they shall go laden and for other Provisions the summe of eight pence per mile for every Tun they shall carry And be it further Enacted by the Authority aforesaid That it may and shall be lawful for the Lord High Admiral of England for the time being by Warrant under his hand and seal and also for the principal Officers and Commissioners of his Majesties Navy by Warrants under the hands and seals of any two or more of them as also for the Master of his Majesties Ordnance for the time being by Warrant under his hand and seal and also for the Lieutenant of his Majesties Ordnance by Warrants under the hands and seals of either of them as often as the service of his Majesties Navy or Ordnance respectively shall require any Carriage by Water Impressing of persons ships vessels for carriages to appoint such person or persons as they shall judge fitting to Impress and take up such Ships Hoys Lighters Boats or any other Vessel whatsoever as shall be necessary for the Accommodation of his Majesties said service the Owners of which said Ships Hoys Lighters Boats or other Water-Carriage aforesaid or such as they shall appoint shall receive for the hire of every such Ship Hoy Lighter Boat or other Vessel per Tun according to the Rates usually paid by Merchants from time to time And in case his Majesties Officers and the Owners of such Ships Hoys Lighters Boats or other Vessels shall not agree on the said rates then the rate to be setled by the Brotherhood of Trinity-house of Deptford-Strand And be it further Enacted by the Authority aforesaid Penalty upon such as neglect or refuse That in case any of his Majesties Subjects of this Realm shall refuse or wilfully neglect after reasonable notice to make their appearance with such sufficient carriages by Land or to fit provide and furnish their Ships Hoys Lighters Boats or other Vessels for the service of his Majesties Navy or Ordnance as is before expressed or shall after they have undertaken such service neglect or delay the same that then upon due proof and conviction of such refusal or neglect by the Oath of the Constable or other Officer or two other credible witnesses before the said Iustices of Peace of the County or Mayor or other chief Officer of the City or Corporation where he or they inhabit which Oath they shall have power to administer for the Land-Carriages and for the Water-Carriages by the Oath of such person as shall be appointed by the Lord High Admiral the principal Officers or Commissioners of his Majesties Navy the Master of his Majesties Ordnance or the Lieutenant of his Majesties Ordnance as aforesaid or other two credible witnesses before the principal Officers or Commissioners of his Majesties Navy or Master or Lieutenant of his Majesties Ordnance respectively which Oath they shall have likewise power to administer the Party so refusing or neglecting shall for every such refusal or neglect forfeit the sum of Twenty shillings for the Land-carriage and for Carriage by Water treble the freight of such Ship or Vessel not excéeding Fifty pounds in the whole to the Kings Majesties use to be forthwith levied in default of payment upon demand by distress and sale of his Goods and Chattels by Warrant from the said Iustices of the Peace Mayor or other chief Officer or from the principal Officers or Commissioners of his Majesties Navy or Master or Lieutenant of his Majesties Ordnance respectively rendring to the Parties the overplus upon every such Sale if there shall be any the charge of distraining being first deducted The time of continuance in the service Provided always that no Horses Oxen Cart Wayn or other Land-Carriage shall be enforced to Travail more days Iourney from the place where they receive their lading or be compelled to continue longer in the imployment then shall be appointed by the Order of the said Iustices of the Peace and that ready payment shall be made in hand for the said Carriages at the place of lading without delay Present payment to be made according to the aforesaid Rates Provided always That in case any Iustice of the Peace Mayor chief Officer or Constable or any person or persons which shall be appointed by the Lord High Admiral the principal Officers or Commissioners of his Majesties Navy the Master of his Majesties Ordnance or the Lieutenant of his Majesties Ordnance as aforesaid respectively shall take any gift or reward to spare any person or persons No gifts or rewards may be taken by Iustices of the Peace
pence for every Waggon one shilling for every Cart eight pence for every score of Shéep or Lambs one half-peny and so proportionably for greater numbers For every score of Oxen or Neat Cattel five pence and so for every greater or lesser number proportionably For every score of Hoggs two pence and so for every greater or lesser number proportionably not being under five And that from and after the passing of this Act all and every person or persons who shall travel with Horse Coach Cart or Waggon or shall lead or drive any Oxen Shéep Horses or other Cattel aforementioned in and through the High-way and places aforesaid shall and are hereby required to pay unto the respective Collectors and Receivers of Toll in the several Counties aforesaid in that behalf to be appointed after the rates aforesaid Places for taking of Toll in Hertfordshire Cambridgshire Huntingtonshire Power to distrain for Toll refused to be paid The places for Collecting of the said Toll to be for the County of Hertford at Wades-Mill and for the County of Cambridge at Caxton within the said County of Cambridge and for the County of Huntington at Stilton in the said County of Huntington and at no other place or places within the said Counties And in case any person or persons upon demand made of Toll aforesaid by the Collector or Receiver in that behalf to be appointed shall neglect or refuse to pay the same That then it shall and may be lawful to and for the said Collector or Receiver appointed for the Receipt of the said Toll upon such refusal to Distrain and detain such Horse Cart Coach Waggon Oxen or other Cattel aforementioned or any of them until the said Toll shall be satisfied and paid according to the tenor of this present Act together with such damages as the party so distraining shall sustain by kéeping of such Distress Of all which money so to be received The Toll received to be accompted for and paid to the Surveyors the said Collector or Receiver of Toll so to be appointed in the several Counties shall from time to time render true Accounts and shall pay the money so by them received unto the said Surveyors of their several and respective Counties or to any thrée or more of them or unto such Treasurers as they shall appoint when and as often as they shall be thereunto required by the said Surveyors or any thrée or more of them by them to be laid out and expended for and towards the necessary Repairs and amending of the several places aforementioned and not elsewhere within their said several and respective Counties And be it further Enacted by the Authority aforesaid That the Surveyors To whom the said Surveyors shall accompt for moneys received and every of them in their several and respective Counties at the Quarter-Sessions of the Peace for the said County to be holden next after Easter in every year shall make and yield up unto the Iustices of the Peace there to be assembled a perfect Account in writing under their hands of all the money which they or any of them shall have received from the said Collector or Receiver of Toll in their said County and likewise of all their disbursments in and about the said High-way or otherwise by reason of their Offices And in case of any overplus of money so received remaining in their hands shall pay the same to the Surveyors to be chosen for the year ensuing or to the Treasurer or Receiver by them to be appointed to be disbursed and laid out in the several places aforesaid within such County wherein the overplus doth remain and not elsewhere in the year ensuing which said Iustices to whom such Account shall be given shall out of the benefit of the said Toll make such allowance unto the said Surveyors for and in consideration of their care and pains taken in the execution of their said Offices as to them shall séem good And in case the Collector or Receiver of the aforesaid Toll for the respective Counties so to be paid as aforesaid shall not upon request duly pay the same unto the said Surveyors of the said County for the time being or the Treasurer or Receiver by them appointed or in case the said Surveyors or any of them shall not make such Account and payment as aforesaid That then the said Iustices for the several and respective Counties at any Quarter-Sessions of the Peace to be holden for the said County in case of such default of Account or Payment shall and may make enquiry concerning such default as well by the confession of the parties themselves as by testimony of two or more credible Witnesses upon Oath and in case of such default to be found and adiudged by the said Iustices in their said respective Counties either in their said Receiver or Collector of the said Toll or in their said Surveyors or any of them The said Iustices upon such their conviction shall commit the party or parties so convict to the common Gaol for the said County there to remain without Bail or Mainprize until he or they shall have made a true and perfect Account and Payment as aforesaid And forasmuch as the moneys so to be Collected by such receipt of the said Toll will not at present raise such a Stock or Sum of Money as may be sufficient for the spéedy Repairing of the Premisses in the said several Counties of Hertford Cambridge and Huntington It is hereby further Enacted How the Toll Profits may he engaged for advance of Money and the said Surveyors are hereby enabled by and with the like consent of the said Iustices for their several and respective Counties without further License severally to engage the profits arising of their said Toll in their several Counties for such sum or sums of money by them to be borrowed for that purpose and by Indenture under the hands and seals of the said respective Surveyors for the time being to transfer the said profits of the said Toll and to grant and convey the same for any time or term not excéeding Nine years unto any person or persons that shall or will upon that Security advance any present sum or sums of money for and towards the present Repairing and amending of the said High-way in the respective places and Counties aforesaid for the repayment of such principal sum or sums of money so lent with Interest for the same Or in case such sum or sums of money cannot be borrowed upon the Security aforesaid for the Repair of the said Ways That then it shall and may be lawful to and for the said Iustices in their said several and respective Counties In what cases a Rate may be mâ—de upon the several Parishes at their several Quarter-Sessions when they shall sée cause to make a Rate not to extend to any other County but their own nor to Repair any other then the places aforesaid in that particular County where
and respective Parishes shall pass to and fro through the said respective places where such Toll is to be received as aforesaid without paying any thing for their respective passing through the same Any thing in this present Act to the contrary thereof in any wise notwithstanding Provided also And be it Enacted Proviso touching money received overplus and remaining at the end of 11. years That if it shall happen that at the end and expiration of the term of the Eleven years aforesaid that the Receiver or Receivers Collector or Collectors then in being or any of them of the aforesaid Tolls or any part thereof in all and every of the said Counties made and to be made shall upon their or any of their accounts made and to be made for the several and respective Receipts of the Tolls aforesaid have any sum or sums of money in their or any of their hands more then they or any of them have expended as aforesaid That then such Receiver and Receivers Collector and Collectors and every of them shall bring in all and every sum and sums of money so remaining in their or any of their hands unto the Iustices of the Peace of the said several and respective Counties where such Receiver or Receivers Collector or Collectors shall live or have received the said several sum or sums at the next General Quarter-Sessions for the Peace which shall happen to be after their said several Accounts so to be made as aforesaid upon pain of forfeiting double the Sum which shall be in their or any of their hands upon the said Account which said Sum and Penalties shall be recovered by distresse and sale of the parties Goods so refusing to do the same by Warrant under the Hands and Seals of any two Iustices of the Peace of the said several Counties And that the said Iustices of the Peace at their said several Quarter-Sessions in their several Counties are hereby impowred and enabled to dispose of the said several sum and sums of money and all the said Penalties into the hands of such person and persons and upon such Securities as they shall approve of to and for a Stock for the repairing of the said several High-ways according to the intent and meaning of this Act and not otherwise Provided also And be it further Enacted by the Authority aforesaid Huntington That if the Iustices of the Peace for the County of Huntington or any four of them dwelling next to the said High Road Stilton shall adjudge some other place more convenient then Stilton for receiving the Toll for the said County That then it shall and may be lawful for the said Iustices of Peace as aforesaid to appoint some other place upon the High Road within their said County to receive the aforesaid Toll instead of Stilton Any thing in this Act to the contrary notwithstanding And that it shall and may be lawful for all and every Souldier and Souldiers upon their March Souldiers in Marching and Posts exempted and all persons riding Post to passe through any the places in this Act mentioned without paying any Toll Provided also That if at any time before the expiration of the Eleven years aforesaid Proviso for cealing the Toll within the 11. years the said High-ways shall be well and sufficiently amended and repaired and so adjudged by the Iustices of the Peace at the Quarter-Sessions for their several and respective Counties aforesaid That then from and after such Adjudication made and Re-payment of such moneys as shall have béen borrowed the aforesaid Toll in the said County shall cease and determine Any thing aforesaid to the contrary notwithstanding Continued 16 17 Car. 2. cap. 10. CAP. II. Unlawful Cutting or Stealing or Spoiling of Wood and Under-woods and Destroyers of young Timber-Trees punished WHereas in one Act of Parliament made in the Thrée and fortieth year of the Reign of the late Quéen Elizabeth Entituled 43 El. cap. 7. An Act to avoid and prevent divers misdemeanors in idle and lewd persons among other things it is Enacted The punishment for cutting and spoyling any Woods That all and every such lewd person and persons that shall cut or spoil any Woods or Vnder-woods Poles or Trées standing and their Procurer or Procurers Receiver or Receivers knowing the same and being thereof lawfully Convicted by his or their own confession or by the testimony of one sufficient Witness upon Oath before some one Iustice of Peace or other Head-Officer of the County or place where such offence was committed shall give the party or parties satisfaction for his or their Damages for the first fault And if such Offender or Offenders shall by such Iustice of Peace or Head-Officer be thought not able or sufficient or if such Offender or Offenders do not make such satisfaction as aforesaid That then the said Iustice of Peace or Head-Officer shall commit the said Offender or Offenders to the Constable or other inferior Officer to receive the punishment of Whipping as in the said Act more fully doth appear And whereas it is found by daily experience especially in and about London and other great Towns where a great number of such idle and lewd persons do shelter themselves that this Act hath not sufficiently prevented the said mischief of cutting and spoiling of Woods and Vnderwoods as was intended as well because the said offences are committed in such a close and clandestine manner that there is none Witnesses to them but such as are partakers to the offence as also because the said punishment is too small for so great a fault which is not only prejudicial and hurtful to the Owners of the said Woods but very mischievous and damageable to the Commonwealth 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 from and after the Four and twentieth day of June next ensuing Who may apprehend Wood-stealers every Constable Headborough or any other person in every County City Town-Corporate or other place where they shall be Officers or Inhabitants shall and may by vertue of this present Act have full Power and Authority to apprehend or cause to be apprehended all and every person or persons they shall suspect having or carrying or any wayes conveying any burthen or bundles of any kind of Wood Vnder-wood Poles or young Trées or Bark or Bast of any Trées or any Gates Stiles Posts Pales Rails or Hedgewood Broom or Furze Search in Houses of suspected persons and by Warrant under the Hand and Seal of any one Iustice of the Peace directed to any Officer such Officer shall have power to enter into and search the Houses Out-houses Yards Gardens or other places belonging to the Houses of all and every person or persons they shall suspect to have any kind of Wood
Vnderwoods Poles or young Trées or Bark or Bast of any Trées or any Gates Stiles Posts Pales Rails or Hedge-wood Broom or Furze and wheresoever they find any such to apprehend and cause to be apprehended all and every person and persons suspected for the cutting and taking of the same and them and every of them as well those apprehended carrying or any ways conveying any kind of Wood Vnderwood Poles or young Trées or Bark or Bast of any Trées or any Eates Stiles Posts Pales Rails or Hedge-wood Broom or Furze as also those in whose Houses or other places belonging to them any such Wood Vnder-wood Poles or young Trées or Bark or Bast of any Trées or any Gates Stiles Posts Pales Rails or Hedgwood Broom or Furze shall be found to carry before one Iustice of the Peace of the same County City or Town-Corporate And if the said person and persons so suspected apprehended and carried before the said Iustices do not then and there give a good account how he and they came by such Wood or Vnderwood Poles or young Trées or Bark or Bast of any Trées or Gates Stiles Posts Pales Rails or Hedge-wood Broom or Furze by the consent of the Owner such as shall satisfie the said Iustice or else shall not within some convenient time to be set them by the said Iustice produce the party or parties of whom they bought the same wood Vnder-wood Poles or young Trées or Bark or Bast of Trées Gates Stiles Posts Pales Rails or Hedge-wood Broom or Furze or some other credible witnesse to depose upon Oath such sale of the said Wood Vnder-wood Poles or young Trées or Bark or Bast of Trées Gates Stiles Posts Pales Rails or Hedgwood Broom or Furze which Oath the said Iustice hath hereby power to administer That then the said person or persons so suspected and not giving such good account nor producing any such witnesse upon Oath to testifie the said Sale as aforesaid shall be déemed and adjudged as convicted of the said offence of cutting and spoiling of the same Woods Vnder-woods Poles or young Trées or Bark or Bast of Trées Gates Stiles Posts Pales Rails or Hedge-wood Broom 43 Eliz. cap. 7. or Furze within the meaning of the said Statute of Quéen Elizabeth and shall be liable to the punishment therein contained and to such other procéedings and punishments as by this present Act shall be further constituted and appointed on that behalf And be it therefore Enacted by the Authority aforesaid That all and every person or persons convicted of the said offence in manner and form before in this Act mentioned shall for the first offence give the Owner or Owners such recompence or satisfaction for his or their damages The punishment for the first offence and within such time as the said Iustice shall appoint and over and above pay down presently unto the Overséers for the use of the poor of the Parish where the said offence or offences were committed such sum of money not excéeding Ten shillings as the said Iustices shall think méet and if such offender or offenders do not make recompence or satisfaction to the said Owner or Owners and also pay the said sum to the Poor in manner and form aforesaid then the said Iustice shall commit the said offender or offenders to the House of Correction for such time as the said Iustice shall think fit not excéeding one moneth or to be whipped by the Constable The second offence or other Officer as in his Iudgment shall séem expedient And if such person or persons shall again commit the said offence and be thereof convicted as before that then they and every of them so offending the second time and thereof so convicted shall be sent to the House of Correction for one moneth and be there kept to hard labour And if such person or persons shall again commit the said offence and be thereof convicted as before That then they and every of them so offending the third time and thereof so convicted shall be taken adjudged and déemed as Incorrigible Rogues Buyers of stoln Wood how to be dealt withal Provided always And it is further Enacted by the Authority aforesaid That whosoever shall buy any Burthens of Wood or any Poles or Sticks of Wood or any other the Premisses particularly mentioned in this Bill which may be justly suspected to have béen stoln or unlawfully come by That it shall and may be lawful to and for the said Iustices of the Peace Mayors Bayliffs and Head-Officers or any one of them within their respective Iurisdictions upon complaint to them thereof made to examine the said matter upon Oath which they and every of them respectively are hereby authorized to administer And if they shall find that the same was bought of a person who might iustly be suspected to have stoln or unlawfully come by the same and that the same was stoln or unlawfully come by That in such case the said Iustices of Peace Mayors Bayliffs or other Head-Officers or any one of them respectively shall and may award the party who bought the same to pay treble the value of the same to the party from whom the same was stoln or unlawfully taken And in default of present payment thereof to issue forth their respective Warrants to levy the same by distress and sale of the offenders Goods rendring the overplus to the party And in default of such distress to commit the party to the Gaol at his own charge there to remain one moneth without Bail Provided always Within what time offenders must be questioned within this Act. That no person or persons shall be questioned for any offence upon this Law that hath béen punished for the same offence by any former Law nor shall be punished by this Law unless he be questioned within Six wéeks after the offence committed CAP. III. An Act to explain and supply a former Act for distribution of Threescore thousand pounds amongst the truly Loyal and Indigent Commission-Officers and for Assessing of Offices and distributing the moneys thereby raised for their further supply 14 Car. 2. cap. 8. EXP. CAP. IV. An Additional Act for the better Ordering the Forces in the several Counties of this Kingdom FOr the better Ordering of the Forces in the several Counties and places of England and the Dominion of Wales and Town of Berwick upon Tweed and for the supplying and explaining the late Act Entituled 14 Car. 2. cap. 3. An Act for Ordering the Forces in the several Counties of this Kingdom Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same Power of the Lieutenants and Deputy-Lieutenants to Train and Exercise That the several Lieutenants of the several Counties Cities and places nominated by his Majesty his Heirs and Successors respectively and in their absence out
upon Tweed At which Conventicle Méeting or Assembly there shall be five persons or more assembled together over and above those of the same Houshold Then it shall and may be lawful to and for any two Iustices of the Peace of the County The punishment and manner of proceeding against them for the first offence Limit Division or Liberty wherein the Offence aforesaid shall be committed or for the Chief Magistrate of the place where such Offence aforesaid shall be committed if it be within a Corporation where there are not two Iustices of the Peace And they are hereby required and enjoyned upon proof to them or him respectively made of such offence either by confession of the party or oath of Witness or notorious evidence of the Fact which Oath the said Iustices of the Peace and Chief Magistrate respectively are hereby impowred and required to administer to make a Record of every such offence and offences under their hands and seals respectively which Record so made as aforesaid shall to all intents and purposes be in Law taken and adjudged to be a full and perfect Conviction of every such Offender for such offence And thereupon the said Iustices and Chief Magistrate respectively shall commit every such Offender so convicted as aforesaid to the Gaol or house of Correction there to remain without Bail or Mainprise for any time not excéeding the space of thrée Moneths unless such Offender shall pay down to the said Iustices or Chief Magistrate such sum of money not excéeding five pounds as the said Iustices or Chief Magistrate who are hereby thereunto authorized and required shall Fine the said Offender at for his or her said offence which money shall be paid to the Church-wardens for the relief of the Poor of the Parish where such Offender did last inhabit And be it further Enacted by the authority aforesaid The second offence That if such Offender so convicted as aforesaid shall at any time again commit the like offence contrary to this Act and be thereof in manner aforesaid convicted Then such Offender so convict of such second offence shall incur the penalty of Imprisonment in the Gaol or house of Correction for any time not excéeding six months without Bail or Mainprise unless such offender shal pay down to the said Iustices or Chief Magistrate such sum of money not excéeding Ten pounds as the said Iustices or Chief Magistrate who are thereunto authorized and required as aforesaid shall Fine the said Offender at for his or her said second offence the said Fine to be disposed in manner aforesaid And be it further Enacted by the Authority aforesaid The third offence That if any such Offender so convict of a second offence contrary to this Act in manner aforesaid shall at any time again commit the like offence contrary to this Act Then any two Iustices of the Peace and Chief Magistrate as aforesaid respectively shall commit every such Offender to the Gaol or house of Correction there to remain without Bail or Mainprise until the next General Quarter Sessions Assizes Gaol-delivery great Sessions or sitting of any Commission of Oyer and Terminer in the respective County Limit Division or Liberty which shall first happen when and where every such Offender shall be procéeded against by Indictment for such offence and shal forthwith be arraigned upon such Indictment and shall then plead the General Issue of not guilty and give any special matter in Evidence or confess the Indictment And if such Offender procéeded against shall be lawfully convict of such Offence either by Confession or Verdict or if such Offender shal refuse to Plead the General Issue or to confess the Indictment then the respective Iustices of the Peace at their General Quarter-Sessions Iudges of Assize and Gaol-delivery at the Assizes and Gaol-delivery Iustices of the great Sessions at the great Sessions and Commissioners of Oyer and Terminer at their sitting are hereby enabled and required to cause Iudgement to be entred against such Offender That such Offender shall be Transported beyond the Seas to any of His Majesties Foreign Plantations Virginia and New-England onely excepted there to remaine Seven years And shall forthwith under their Hands and Seals make out Warrants to the Sheriff or Sheriffs of the same County where such Conviction or Refusal to Plead or to Confess as aforesaid shall be safely to convey such Offender to some Port or Haven néerest or most commodious to be appointed by them respectively And from thence to Embarque such Offender to be safely Transported to any of his Majesties Plantations beyond the Seas as shall be also by them respectively appointed Virginia and New-England onely excepted Whereupon the said Sheriff shall safely Convey and Embarque or cause to be Conveyed and Embarqued such Offender to be Transported as aforesaid under pain of forfeiting for default of so Transporting every such Offender the sum of forty pounds of lawful money the one Moyety thereof to the King the other Moyety to him or them that shall Sue for the same in any of the Kings Courts of Record by Bill Plaint Action of Debt or Information In any of which no Wager of Law Essoign or Protection shall be admitted And the said respective Court shall then also make out Warrants to the several Constables Headboroughs or Tythingmen of the respective places where the Estate real or personal of such offender so to be Transported shall happen to be commanding them thereby to Sequester into their hands the profits of the Lands and to distrain and sell the Goods of the offender so to be Transported for the reimbursing of the said Sheriff all such reasonable charges as he shall be at and shall be allowed him by the said respective Court for such Conveying and Embarquing of such offender so to be Transported rendring to the party or his or her Assigns the overplus of the same if any be unless such offender or some other on the behalf of such offender so to be Transported shall give the Sheriff such Security as he shall approve of for the paying all the said Charges unto him And be it further Enacted by the Authority aforesaid How Seditious Sectaries convicted may be transported That in default of defraying such Charges by the parties so to be Transported or some other in their behalf or in default of Security given to the Sheriff as aforesaid It shall and may be lawful for every such Sheriff to Contract with any Master of a Ship Merchant or other person for the Transporting of such offender at the best rate he can And that in every such case it shall and may be lawful for such persons so Contracting with any Sheriff for Transporting such offender as aforesaid to detain and employ every such offender so by them Transported as a Labourer to them or their Assigns for the space of Five years to all intents and purposes as if he or she were bound by Indentures to such person for
the Coals which shall be otherwise sold or exposed to sale by any Woodmonger or Retailer of Coals and the double value thereof to be recovered by any person or persons that will prosecute for the same in any Court of Record or by way of complaint made unto the Lord Mayor of London for the time being and Iustices of Peace within the City of London and Liberties thereof or to any two of them or to the Iustices of Peace of the several and respective Counties and Places where such Coals shall be exposed to sale or any of them who are hereby Impowred and Required to call the Parties before them and to hear and examine such Complaint upon Oath which by vertue of this Act is to be administred by them or any Two of them and upon due proof thereof made to their satisfaction to Convict the Offenders and to give Warrant under their Hands and Seals for levying the Forfeitures accordingly the one half thereof to be to and for the use of the person or persons so prosecuting or complaining and the other half to and for the use of the Poor or repairing of the High-wayes within the same Parish or any other adjoyning Parish or Parishes to be appointed and apportioned by the direction of the said Lord Mayor and Iustices by such their Warrant as aforesaid And the said Lord Mayor of London and the Court of Aldermen for the time being Who may set Rates upon Coals in London and the Iustices of Peace of the several Counties respectively or any thrée or more of them whereof one to be of the Quorum are hereby impowred to set the Rates and Prises of all such Coals as shall be sold by Retail as they from time to time shall judge reasonable allowing a competent profit to the said Retailer beyond the price paid by him to the Importer and the ordinary charges thereupon accruing And that if any Ingrosser or Retailer of such Coals shall refuse to sell as aforesaid Ingrossers or Retailers refusing to â—ell at the said Rates That then the said Lord Mayor and Aldermen and Iustices of Peace respectively are hereby authorised to appoint and impower such Officer or Officers or other persons as they shall think fit to enter into any Wharf or other place where such Coals are stored up And in case of refusal taking a Constable to force entrance and the said Coals to sell or cause to be sold at such Rates as the said Lord Mayor and Aldermen and Iustices respectively shall judge reasonable rendring to such Ingrosser or Retailer the money for which the said Coals shall be so sold necessary charges being deducted The continuance of this Act. Provided That this Act shall continue for thrée years next ensuing and thenceforth to the end of the next Session of Parliament and no longer Provided also That no person or persons that shall be sued by vertue of this Act for not observing thereof shall be sued upon any other Act or Law now in force for the same offence And if any Action shall be commenced against any Iustice of Peace Persons sued upon this Act may plead the general issue Constable or other Officer or Person for any thing done by colour of this Act the Defendant in every such Action may plead the general Issue and give the special matter in Evidence And if the Verdict be found for him or the Plaintiff become Non-suited shall recover and have his Damages and double Costs of suit for his unjust Vexation in that behalf Who may not act in setting Rates upon Coals Provided always That no Person having any Interest in any Wharf used for the receiving or uttering of Coals or that doth or shall Trade by himself or others in his own or any other name in the sale of any Coals or the Engrossing the same in order to sell the same and not for his own private use onely shall act or otherwise intermeddle in the setting the Price of Coals Any thing in this Act to the contrary in any wise notwithstanding CAP. III. For the Returning of able and sufficient Jurors FOr the returning of more able and sufficient Iurors for Trials hereafter to be had betwéen Party and Party and for reformation of abuses in Sheriffs and other Ministers who for reward do oftentimes spare the ablest and sufficientest and return the poorer and simpler Fréeholders less able to discern the Causes in question and to bear the charges of appearance and attendance thereon 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 Iurors for trials of issues shall have 20 l. per annum Freehold That all Iurors other then Strangers upon Tryals per medietatem linguae who are to be returned for the Tryals of Issues joyned in any of the Kings Majesties Courts of Kings Bench Common-Pleas or the Exchequer or before Iustices of Assize or Nisi Prius Oyer and Terminer Gaol-Delivery or General or Quarter-Sessions of the Peace from and after the twentieth day of April which shall be in the year of our Lord One thousand six hundred sixty five in any County of this Realm of England shall every of them then have in their own name or in trust for thâ—â— within the same County twenty pounds by the year at least above reprises in their own or their wives right of Free-hold Lands or of ancient Demesne or of Rents in Fee Fee-tail or for life And that in every County within the Dominion of Wales every such Iuror shall then have within the same eight pounds by the year at the least above reprises in manner aforesaid All which Persons having such Estate as aforesaid are hereby enabled and made lyable to be returned and to serve as Iurors for the Tryal of Issues before the Iustices aforesaid Any Law or Statute to the contrary in any wise notwithstanding And if any of a lesser Estate and value shall be respectively returned upon any such Iury or Tales in default of such Iurors it shall be a good cause of Challenge and the Party returned shall be discharged upon the said Challenge or his own Allegation and Oath thereof And that no Iury-mans Issues making default shall be saved but by special Order of the Iudge or Iudges before whom the Issue is to be tryed Issues of Iurors upon default for some just and reasonable cause proved upon Oath before the same Iudge or Iudges And all such Issues shall be duly estreated and levied The Ven ' fac And that the Writ of Venire facias which from and after the aforesaid time shall be awarded and directed for the impannelling of Iuries in cases aforesaid within any County of England shall be in this form Rex c. Praecipimus c. quod venire fac coram c. duodecem liberos legales homines
shall or may repair to view the same and thereout to take Copies of all such Iudgements and Determinations as shall relate to him her and them And that none of the said Iustices and Barons shall take any Fée or Reward whatsoever directly or indirectly for any thing to be done by them by vertue or colour of this present Act. Officers And be it Enacted by the Authority aforesaid That for a reward of the Officers to be imployed herein A Table of Fees the said Iustices and Barons or any thrée or more of them as aforesaid are hereby enabled to order and direct a Table of such reasonable Fées to be made as may carry on and effect the purport and intent of this Act. This Act to continue till the last day of December which shall be in the year of our Lord One thousand six hundred sixty and eight The continuance of this Act. and no longer Proviso touching the renewing and reversing Orders or Decrees Provided always and be it Enacted by the Authority aforesaid That where any such Order or Decrée as aforesaid shall be made by a lesser number of Iustices and Barons then Seven it shall be lawful for any person agrieved by such Order or Decrée to present his Exceptions to the same in writing within seven days next after such Order or Decrée made to the Chief Iustices and Chief Baron for the time being or any two of them who shall forthwith communicate the same to the rest of the said Iustices and Barons who are hereby required to hear the Parties and examine and consider the said Exceptions And if any Seven or more of them shall subscribe thereunto that they find probable cause of complaint Then it shall and may be lawful to and for any Seven or more of the said Iustices Barons within Twenty days next following such Exceptions delivered to review the said former Order or Decrée And thereupon to reverse Confirm Enlarge Diminish or otherwise alter any such Order or Decrée as in their wisdoms they shall think fit Any thing herein contained notwithstanding CAP. III. For Rebuilding the City of London FOrasmuch as the City of London being the Imperial Seat of His Majesties Kingdoms and renowned for Trade and Commerce throughout the World by reason of a most dreadful Fire lately happening therein was for the most part thereof burnt down and destroyed within the compass of a few days and now lies buried in its own Ruines For the spéedy Restauration whereof and for the better Regulation Vniformity and Gracefulness of such new Buildings as shall be erected for Habitations in order thereunto And to the end that great and outragious Fires through the blessing of Almighty God so far forth as humane Providence with submission to the Divine pleasure can foresée may be reasonably prevented or obviated for the time to come both by the matter and form of such Building And further to the intent that all Incouragement and Expedition may be given unto and all Impediments and Obstructions that may retard or protract the undertaking or carrying on a work so necessary and of so great Honour and Importance to His Majesty and this Kingdom and to the rest of His Majesties Kingdoms and Dominions may be removed Be it therefore Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same That the Rules and Directions hereafter in this Act prescribed be duely observed by all persons therein concerned And first That no Building or House for Habitation whatsoever Rules and directions to be observed in building be hereafter Erected within the limits of the said City and Liberties thereof but such as shall be pursuant to such Rules and Orders of Building and with such materials as are herein after particularly appointed and according to such Scantlings as are set down and prescribed in a Table in this present Act hereafter specified And if any person or persons shall presume to Build contrary thereunto and be convicted of the same by the Oaths of two or more credible witnesses to be taken before the Lord Mayor for the time being or any two or more of the Iustices of the Peace for the said City Penalty who are hereby impowred to administer the same Oaths that then and in such case the said House so irregularly built as aforesaid shall be déemed as a common Nusance and the Builder and Levier thereof shall enter into a Recognizance in such sum as the said Mayor and Iustices respectively in their Discretions shall appoint for abatement and demolishing the same in convenient time or otherwise to amend the same according to such Rules and Orders as aforesaid and in default of entring into such Recognizance the Offender shall be committed to the common Gaol of the said City there to remain without Bail or Mainprize till he shall have abated or demolished or otherwise amended the same or else such irregular House shall or may be demolished or abated by Order of the Court of Aldermen And that the said irregular Buildings may be the better prevented or more effectually discovered Prevention of irregular buildings Be it further Enacted by the Authority aforesaid That the Lord Mayor Aldermen and Common-Council of the said City shall and may at their will and pleasure elect nominate and appoint one or more discréet and intelligent person or persons in the Art of Building to be the Surveyors or Supervisors to sée the said Rules and Scantlings well and truly observed And that it shall be lawful for the said Mayor Aldermen and Common Council or for the Mayor and Aldermen in their Court of Aldermen to administer to all the said Surveyors or Supervisors an Oath upon the holy Evangelists for the true and impartial execution of their Office in that behalf and to appoint the several Precincts which shall be under their several Surveys And to the end that all Builders may the better know how to provide and fit their materials for their several Buildings Be it Enacted That there shall be onely Four sorts of Buildings There shall be four sorts of buildings only and no more and that all manner of Houses so to be erected shall be of one of those four sorts of Buildings and no other that is to say The First and least sort of Houses fronting By-Lanes the Second sort of Houses fronting Stréets and Lanes of note the Third sort of Houses fronting high and principal Stréets the Fourth and largest sort of Mansion-houses for Citizens or other persons of extraordinary quality not fronting either of the thrée former ways And the Roofs of each of the first three sorts of Houses respectively shall be Vniform And for avoiding any uncertainty to the Builders or others herein Be it further Enacted Powers of the Lord Mayor Aldermen and Common Council to declare Streets
Sir Seymour Shirley Baronet An Act for Setling the Moyety of the Mannor of Iron Acton on Sir John Pointz An Act for Setling an Estate in Trust for the benefit of Mistress Elizabeth Pride and her Children An Act for the Ascertaining the Bounds of the several Rectories of Swaffham St. Ciriac and of Swaffham St. Maries within the Town of Swaffham Prior in the County of Cambridge and for the Uniting of the two Churches there An Act for the Restoring of Francis Scawen Gent. in Bloud An Act for Naturalizing Dame Mary Frazer and others An Act to Enable a Sale of Lands for payment of the Debts of Henry Kendall Esquire An Act for Setling part of the Lands of Henry Mildmay Esquire deceased for payment of his Debts and making Provision for his Children An Act to Enable Leicester Grosvenor and his Trustees to Sell certain Lands for payment of Debts Anno Reg. CAROLI Regis Angliae Scotiae Franciae Hiberniae Primo AT the Parliament begun at Westminster the Eighteenth day of June Anno Dom. 1625. in the first year of the Reign of our most gracious Soveraign Lord CHARLES by the grace of God of Great Britain France and Ireland King Defender of the Faith c. And there continued untill the Eleventh day of July following and then adjourned until the first day of August following unto Oxford To the high pleasure of Almighty God and to the Weal publick of this Realm were enacted as followeth CAP. I. There shall be no Assemblies for unlawful Pastimes upon the Lords Day FOrasmuch as there is nothing more acceptable to God than the true and sincere Service and Worship of him according to his holy Will and that the holy kéeping of the Lords Day is a principal part of the true Service of God which in very many places of this Realm hath béen and now is prophaned and neglected by a disorderly sort of people in exercising and frequenting Bear-baiting Bull-baiting Enterludes common Playes and other unlawful Exercises and pastimes upon the Lords Day And for that many quarrels blood-sheds and other great inconveniences have grown by the resort and concourse of people going out of their own Parishes to such disordered and unlawful exercises and pastimes neglecting Divine Service both in their own Parishes and elsewhere Be it enacted by the Kings most excellent Majesty the Lords Spiritual and â—emporal and the Commons in this present Parliament assembled and by the authority of the same Vnlawful Writings and Pastimes on the Lords Day forbidden That from and after forty dayes next after the end of this Session of Parliament there shall be no méetings assemblies or concourse of people out of their own Parishes on the Lords Day within this Realm of England or any the Dominions thereof for any sports and pastimes whatsoever nor any Bear-baiting Bull-baiting Enterludes common Plays or other unlawful exercises and pastimes used by any person or persons within their own Parishes Every person using any unlawfull pastimes on the Lords Day shall forfeit 3 s. 4 d. to the poor of the Parish and that every person or persons offending in any the premisses shall forfeit for every offence thrée shillings four pence The same to be employed and converted to the use of the poor of the Parish where such offence shall be committed And that if any one Iustice of the Peace of the County or the chief Officer or Officers of any City Borough or Town corporate where such offence shall be committed upon his or their view or confession of the party or proof of any one or more witness by oath which the said Iustice or chief Officer or Officers shall by vertue of this Act have authority to minister shall find any person offending in the premisses the said Iustice or chief Officer or Officers shall give Warrant under his or their hand and seal to the Constables or Church-wardens of the Parish or Parishes where such offence shall be committed After conviction by Warrant from a Iustice c. the Constables c. may levy the Pâ—naâ—â—s c. General â—ssâ—â— Limitation of this actâ—on The Ecclesiastical â—â—â—â—â—diction 〈◊〉 abridgeâ— to levy the said penalty so to be assessed by way of distress and sale of the goods of every such offendor rendring to the said offendors the overplus of the money raised of the said goods so to be sold And in default of such distress that the party offending be set publickly in the stocks by the space of thrée hours And that if any man be sued or impeached for execution of this Law he shall and may plead the general Issue and give the said matter of Iustification in evidence Provided That no man be impeached by this Act except he be called in question within one moneth next after the said offence committed Provided also That the Ecclesiastical Iurisdiction within this Realm or any the Dominions thereof by vertue of this Act or any thing therein contained shall not be abridged but that the Ecclesiastical Court may punish the said offences as if this Act had not béen made This Act to continue until the end of the first Session of the next Parliament and no longer 3 Car. 4. continued until the end of the first Session of the next Parliament Stat. 3 Car. 1. 17 Car. cap. 4. continued until other Order by Parliament CAP. II. All Leases to be made within three years by the Kings Majesty of the Dutchy-Lands of Cornwall confirmed WHereas the King our Soveraign Lord being in the life-time of his Royal Father of blessed memory seized of the said Dukedom of Cornwall did bargain and contract for Leases and Estates to be made of divers Messuages Lands Tenements and Hereditaments parcel of the said Dukedom of Cornwall which Leases and Estates his Majesty was enabled to have made in his Fathers life-time by an Act of Parliament made in the last Session of Parliament intituled An Act to enable the most excellent Prince Charles to make Leases of Lands 21 Jac. 29. parcell of his Highness Dutchy of Cornwall or annexed to the same And because his Majestie having received divers Fines and summes of Money according to the said Contracts and having entred into Treaty with divers others for like Estates the finishing of which Contracts and making the said Leases was prevented by his Majesties access to the Imperial Crown of this Realm is graciously pleased for the good of his poor Tenants of the said Dutchy Lands to procéed to the full accomplishment of the Contracts and Leases of the premisses All Leases to be made within three years by the King of the Dutchy Lands of Cornwall if all be good Be it therefore Enacted by our said Soveraign Lord the King the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of this present Parliament That all Leases to be made within the space of thrée years next ensuing by our said Soveraign Lord the King by Letters
or other outrage or misdemeanor whatsoever and by such summary course and order as is agréeable to Martial Law and as is used in Armies in time of War to procéed to the trial and condemnation of such Offendors and them to cause to be executed and put to death according to the Law Martial By pretext whereof some of your Majesties Subjects have béen by some of the said Commissioners put to death when and where if by the Laws and Statutes of the Land they had deserved death by the same Laws and Statutes also they might and by no other ought to have béen judged and executed And also sundry grievous Offendors by colour thereof claiming an exemption have escaped the punishments due to them by the Laws and Statutes of this your Realm by reason that divers of your Officers and Ministers of Iustice have unjustly refused or forborn to procéed against such Offendors according to the same Laws and Statutes upon pretence that the said Offendors were punishable onely by Martial Law and by Authority of such Commissions as aforsaid Which Commissions and all other of like nature are wholly and directly contrary to the said Laws and Statutes of this your Realm The Petition They do therefore humbly pray your most excellent Majesty That no man hereafter be compelled to make or yield any Gift Loan Benevolence Tax or such like charge without common consent by Act of Parliament And that none be called to make answer or take such Oath or to give attendance or be confined or otherwise molested or disquieted concerning the same or for refusal thereof And that no Fréeman in any such manner as is before mentioned be imprisoned or detained And that your Majesty would be pleased to remove the said Souldiers and Mariners and that your People may not be so burthened in time to come And that the foresaid Commissions for procéeding by Martial Law may be revoked and annulled And that hereafter no Commissions of like nature may issue forth to any person or persons whatsoever to be executed as aforesaid lest by colour of them any of your Majesties Subjects be destroyed or put to death contrary to the Laws and Franchise of the Land All which they most humbly pray of your most excellent Majesty as their Rights and Liberties according to the Laws and Statutes of this Realm And that your Majesty would also vouchsafe to declare That the awards doings and procéedings to the prejudice of your People in any of the premisses shall not be drawn hereafter into consequence or example And that your Majesty would be also graciously pleased for the further comfort and safety of your People to declare your royal will and pleasure That in the things aforesaid all your Officers and Ministers shall serve you according to the Laws and Statutes of this Realm as they tender the Honor of your Majesty and the Prosperity of this Kingdom Stat. 17 Car. cap. 14. CAP. I. A restraint of divers abuses committed on the Lords day FOrasmuch as the Lords day commonly called Sunday is much broken and prophaned by Carriers Waggoners Carters Wain-men Butchers and Drovers of Cattle to the great dishonor of God and reproach of Religion Be it therefore enacted by the Kings most excellent Majesty and the Lords Spiritual and Temporal and by the Commons in this present Parliament assembled and by the Authority of the same That no Carrier with any Horse or Horses A Carrier c. that travels upon the Lords day shall forfeit 20. s. nor Waggon-men with any Waggon or Waggons nor Car-men with any Cart or Carts nor Wain-man with any Wain or Wains nor Drovers with any Cattel shall after forty days next after the end of this present Session of Parliament by themselves or any other travel upon the said Day Butchers that sell or kill victual upon that day shall forfeit 6. s. 8. d. upon pain that every person and persons so offending shall lose and forfeit twenty shillings for every such offence Or if any Butcher by himself or any other for him by his privity or consent shall after the end of the said forty daies kill or sell any Victual upon the said Day That then every such Butcher shall forfeit and lose for every such offence the sum of six shillings and eight pence The said offences and every of them being done in view of any Iustice of Peace Mayor or other head Officer of any City or Town corporate within their limits respectively or being proved upon Oath by two or more witnesses or by the confession of the party offending before any such Iustice Mayor or head Officer within their several limits respectively wherein such offence shall be committed To which end every such Iustice Mayor or head Officer shall have power by this Act to minister an Oath to such witness or witnesses All which sums or penalties shall or may be levied by any Constable After conviction and by warrant from a Iustice c. the Constables c. may levy the said forfeitures to the use of the poor or they may be recovered by Suit or Church-warden by Warrant from any such Iustice or Iustices of the Peace Mayor or other head Officer as aforesaid within their several limits where such offence shall be committed or done by distress and sale of the Offendors goods rendring to the party the over-plus or shall be recovered by any person or persons that will sue for the same by Bill Plaint or Information in any of his Majesties Courts of Record in any City or Town corporate before his Majesties Iustices of the Peace in their General Sessions of the Peace All which forfeitures shall be employed to and for the use of the poor of the Parishes where the said offences shall be committed or done saving onely that it shall be lawful to and for any such Iustice Mayor or head Officer out of the said Forfeitures to reward any such person or persons that shall inform or otherwise prosecute any person or persons offending against this present Act according to their discretions so that such reward excéed not the third part of the Forfeiture Provided that such Bill Plaint or Information shall be commenced sued and prosecuted in the County City or Town corporate where such offence shall be committed and done and not elsewhere wherein no Essoin Protection or Wager of Law shall be allowed to the Defendant Provided always That it shall be lawful for any Constable or Church-warden that shall have any Suit or Action brought against them for any Distress by them or any of them to be taken by force of this present Act to plead the general Issue and to give the special matter in Evidence Provided likewise That no person or persons whatsoever shall be impeached by this Act unless he be thereof questioned within six moneths after the Offence committed Provided further That this Act shall not in any sort abridge or take away the Authority of the Court Ecclesiastical
This Act to continue to the end of the first Session of the next Parliament St. 1 Car. 1. Continued and made perpetual 17 Car. cap. 4. CAP. II. A restraint of passage or sending any person beyond the Seas to be Popishly bred FOrasmuch as divers ill affected persons to the true Religion established within this Realm have sent their children into foreign parts to be bred up in Popery 1. Jac. 4. He that goes himself or sends any other beyond the seas to be trained up in Popery c. shall be disabled to sue c. and shall lose all his goods and shal forfeit all his lands c. for life Stat. 27 El. 2. Stat. 3 Jac. 5. notwithstanding the restraint thereof by the Statute made in the first year of the reign of our late Soveraign Lord King James of famous memory Be it Enacted That the said Statute shall be put in due execution And be it further Enacted by the Kings most excellent Majesty and the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same That in case any person or persons under the obedience of the King his heirs and Successors at any time after the end of this Session of Parliament shall pass or go or shall convey or send or cause to be sent or conveyed any Childe or other person out of any of the Kings Dominions into any the parts beyond Seas out of the Kings obedience to the intent and purpose to enter into or be resident or trained up in any Priory Abbey Nunnery Popish Vniversity Colledge or School or House of Iesuits Priests or in any private Popish Family and shall be there by any Iesuite Seminary Priest Friar Monk or other Popish person instructed perswaded or strengthned in the Popish Religion in any sort to profess the same or shall convey or send or cause to be conveyed or sent by the hands or means of any person whatsoever any sum or sums of Money or other thing for or towards the maintenance of any Childe or other person already gone or sent or to go or to be sent and trained and instructed as is aforsaid or under the name or colour of any Charity Benevolence or Alms towards the relief of any Priory Abbey Nunnery Colledge School or any Religious House whatsoever Every person so sending conveying or causing to be sent and conveyed as well any such Childe or other person as any sum or sums of Money or other thing and every person passing or being sent beyond the Seas being thereof lawfully convicted in or upon any Information presentment or Indictment as is aforesaid shall be disabled from thenceforth to sue or use any Action Bill Plaint or Information in course of Law or to prosecute any Suit in any Court of Equity or to be Committée of any Ward or Executor or Administrator to any person or capable of any Legacy or Déed or Gift or to bear any Office within the Realm and shall lose and forfeit all his Goods and Chattels and shall forfeit all his Lands Tenements and Hereditaments Rents Annuities Offices and Estates of Fréehold for and during his natural life A convert shall not incur the penalties aforesaid Stat. 27. El. 2. Provided always That no person sent or conveyed as aforesaid that shall within six moneths after his return into this Realm conform himself unto the present Religion established in this Church of England and receive the Sacrament of the Lords Supper according to the Statutes made concerning Conformity in other cases required from Popish Recusants shall incur any the penalties aforesaid And it is enacted That all and every of the Offences against this Statute may be inquired heard and determined before the Iustices of the Kings-Bench or Iustices of Assise or Gaol-delivery or of Oyer and Terminer of such Counties where the Offendors did last dwell or abide or whence they departed out of this Kingdom or where they were taken Provided also That if any person or Childe so passing or sent or now being beyond the Seas shall after his return into this Realm conform himself to the present Religion established in this Church of England and receive the Sacrament of the Lords Supper according to the Statutes made for or concerning Conformity in other cases required from Popish Recusants for and during such time as he or she shall so continue in such Conformity and obedience according to the true intent and meaning of the said Laws and Statutes shall have his or her Lands restored to them again CAP. III. The Forfeiture and Punishment of him that keeps an Alehouse without License VVHereas by an Act made in the fifth year of the reign of King Edward the sixth of famous memory intituled an Act for kéepers of Alehouses to be bound by Recognizance amongst other things ◠6. Ed. 6. 25 it is enacted That if any person or persons other then such as should be from thenceforth admitted and allowed by the Iustices mentioned in the said Act should after the day in the said Act limited obstinately and upon his own authority take upon him or them to kéep a common Alehouse or Tippling-house or should contrary to the commandment of the said Iustices or two of them use commonly selling of Ale or Béer That then the said Iustices of Peace or two of them whereof one to be of the Quorum should for every such offence commit every such person or persons so offending to the Common Gaol within the same Shire City Borough Town corporate Franchise or Liberty there to remain without bayl or mainprise by the space of thrée days And before his or their deliverance the said Iustices shall take recognizance of him or them so committed with two Sureties that he or they should not kéep any common Alehouse Tippling-house or use commonly selling of Ale or Béer as by the discretion of the said Iustices should séem convenient And the said Iustices should make Certificate of every such Recognizance and Offence at the next Quarter Sessions that should be holden within the same Shire City Borough Town corporate Franchise or Liberty where the same should be committed or done which Certificate should be a sufficient Conviction in Law of the same Offence And the said Iustices of Peace upon the said Certificate made should in open Sessions assess the Fine for every such Offence at twenty shillings as by the said Act may appear Which Law hath not wrought such Reformation as was intended for that the said Fine of twenty shillings is seldom levied and for that many of the said Offendors by reason of their poverty are neither able to pay the said Fine of twenty shillings nor yet to bear their own Charges of conveying them to the Gaol And moreover do leave a great charge of Wife and Children upon the Parishes wherein they live In regard whereof the Constables and other Officers are much discouraged in presenting them and the Offendors become
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
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
by which the Meets Meers Limits or Bounds of the said Forrests or any of them are or are pretended to be further extended then as aforesaid And also all and every Presentment of any person or persons at any Iustice seat Swainemote or Court of Attachments for or by reason or by colour of any Act or Acts whatsoever done or committed in any place without or beyond the said Méets Méers Limits or Bounds respectively so commonly known reputed used or taken as aforesaid and all and every Fine and Fines and amerciament and amerciaments upon by reason or colour of any such Presentment or Presentments shall from henceforth be adjudged déemed and taken to be utterly void and of no force or effect any Law Statute Record or pretence whatsoever to the contrary notwithstanding And be it further Enacted by the Authority aforesaid No place where no Iustice seat Swainemote cour◠or attachment c. hath been within 〈◊〉 yeares shall be accompted Forrest That no place or places within this Realm of England or Dominion of Wales where no such Iustice seat Swainemote or Court of Attachment have been held or kept or where no Verderers have been chosen or regard made within the space of sixty years next before the first year of his Majesties Reign that now is shall be at any time hereafter judged déemed or taken to be Forrest or within the Bounds or Meets of the Forrests But the same shall be from thenceforth for ever hereafter De-afforrested and freed and exempted from the Forrests Laws Any Iustice-seat Swainemote or Court of Attachment held or kept within or for any such place or places at any time or times since the beginning of His Majesties said Reign or any presentment enquiry Act or thing heretofore made or hereafter to be made or done to the contrary notwithstanding Provided also and be it further Enacted by the Authority aforesaid For ascertaining of Meets c. Commissions shall be issued That for the better putting into certainty all and every the Meets Meers Bounds and Limits of all and every the Forrests as aforesaid The Lord-Chancellour or Lord-Keeper of the Great Seal of England for the time being shall by vertue of this Act upon request of any of the Peers of this Kingdome or of the Knights and Burgesses of the Parliament or any of them grant severall Commissions under the Great Seal of England to Commissioners to be nominated respectively by the said Péers Knights and Burgesses or any of them to enquire of and find out by Inquests of good and lawful men upon Oath and by the Oaths of Witnesses to be produced at the said Inquests and by all other lawful means all and every the Méers Méets Bounds and Limits of the Forrests respectively which were commonly known to be their Méers Meets Bounds and Limits respectively in the said twentieth year of the Reign of our late Soveraign Lord King James And to return the Inquests so taken into the Court of Chancery and that all and every the Sheriffs and Bailiffs of and in every County wherein any such Inquests shall be so to be taken And all and every the Verderers Forresters Rangers and other Officers of the Forrests respectively where any such Officers be shall be assistant and attendant to the execution of the said Commissions according as by vertue of the said Commissions respectively they shall be commanded And where no such Officers are or where such Officers be if they or any of them shall refuse or neglect such assistance and attendance as aforesaid Then the said Commissioners shall and may procéed without them in the execution of the said Commissions Forrests shall not extend beyond the meets c. so returned And be it further Enacted by the Authority aforesaid That the Forrests whereof the Méets Méers Limits and Bounds be so returned and certified by vertue of any the said Commissions as aforesaid from thenceforth shall not extend nor be extended nor be déemed adjudged or taken to extend any further in any wise then the Méets Méers Limits and Bounds that shall be so returned and certified And that all the places and Territories that shall be without the Méets Méers Limits and Bounds so returned and certified shall be and are hereby declared to be from thenceforth free to all intents and purposes as if the same had never béen Forrest or so reputed Any Act or Acts matter or thing whatsoever to the contrary thereof notwithstanding Grounds deafforrested shall be excluded Provided and be it further Enacted by Authority aforesaid That all and every the grounds Territories or places which have béen or are De-afforrested or mentioned to be De-afforrested in or by any Letters Patents Charters or otherwise since the said twentieth year of the Reign of our said late Soveraign Lord King James shall be excluded and left out of the Méets Méers Limits and Bounds of the Forrests which are to be enquired of returned and certified by vertue of the said Commissions or any of them respectively And shall be and hereby are declared and Enacted to be utterly De-afforrested frée and exempt to all intents and purposes as if the same had never béen at all Forrest or so reputed Any thing in this present Act contained or any other Act matter or thing whatsoever to the contrary in any wise notwithstanding Tenants Owners c. of lands excluded shall enjoy their ancient commission c. Provided nevertheless and be it Enacted That the Tenants Owners and Occupiers and every of them of Lands and Tenements which shall be excluded and left out of the Méets Méers Limits or Bounds of the Forrests to be returned and certified by vertue of any the said Commissions shall or may use and enjoy such Common and other profits and easements within the Forrest as anciently or accustomably they have used and enjoyed Any thing in this present Act contained or any Act or Ordinance made in the thrée and thirtieth year of King Edward the first or any Custome or Law of the Forrest or any other matter or thing to the contrary thereof notwithstanding CAP. XVII Scotland A confirmation of the Treaty of Pacification between England and Scotland with the Commissions and Articles thereupon EXP. CAP. XVIII For securing by publick Faith the remainder of the friendly assistance and relief promised to those of Scotland Scotland EXP. CAP. XIX The Office of Clerk the Market allowed and regulated for the reformation of Weights and Measures Grievances by Clerks of the Market and anequality in weights and measures FOrasmuch as the undue execution of the Office of Clerk of the Market hath béen very grievous unto divers of his Majesties most loving Subjects who have béen much troubled by unnecessary Summons and charged with exactions of divers sums of Money by colour of the said Office and in regard the said evils have partly arisen by means of an inequality of Weights and Measures throughout this Kingdom◠and by granting
and singular the said Pleas Writs Bills Actions Suits Plaints Process Precepts and other the Premises aforesaid shall stand continue and be good and effectual in Law to all Intents and Purposes as if the said Returns and dayes and every of them had béen actually kept and holden in all and every the said Courts Any Law Statute Custome or Vsage to the contrary thereof in any wise notwithstanding The said Writs Process Pleas c. returnable pleadable at a certain day And be it further Enacted by the Authority aforesaid That all Pleas Writs Bills Actions Suits Plaints Process Precepts and other thing or things whatsoever aforesaid pleadable or to be pleaded Returnable or to be Returned or having day in any manner whatsoever at any of the said Returns or any day or dayes certain after any of the said Returns Be and are hereby continued and adjourned unto and shall and may be Pleaded Returned Heard and Determined in the respective Courts aforesaid at or on the fifth Return of the said Term of late called In the morrow of the Ascension of our Lord And that all parties in any Pleas Writs Bills Actions Suits Plaints Process or other thing or things whatsoever having dayes given them at any of the said four first Returns or at any other day or dayes certain after any of the said Returns in the said Courts or any of them by vertue of this present Act have the said Return of late called In the morrow of the Ascension of our Lord prefixed them therein And that all Sheriffs Officers and other Ministers whatsoever and every of them respectively kéep in their hands all Writs Bills Process and Precepts and all other things whatsoever in them directed respectively Returnable or to be Returned in the several Courts aforesaid at the said four first Returns or any of them in or at any day certain as aforesaid until the said fifth Return of late called The morrow of the Ascension of our Lord and then Return the same into the said several Courts respectively That such proceedings may be then had thereupon as should have béen had in case the said four first Returns had béen kept and holden And be it further Enacted by the Authority aforesaid That no Writs Process Plaints Process Writs Pleas c. under certain titles and names may be prosecuted and proceeded upon Pleas Informations Indictments or Iudicial proceedings had Commenced or prosecuted before the fifth day of May in the said year of our Lord one thousand six hundred sixty in the Name Stile Title or Test of Custodes Libertatis Angliae Authoritate Parliamenti or in the Name Stile Title or Test of The Keepers of the Liberty of England by Authority of Parliament or in the Name Stile Title or Test of Oliver Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions thereunto belonging or in the Name Stile Title or Test of Oliver Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging or in the Name Stile Title or Test of Richard Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging shall be put without day abated quashed or discontinued by his Majesties most just re-assumption of the actual Exercise of his Kingly Government in this Kingdom nor shall the same be cause of Errour Abatement or Discontinuance but that all such Writs Process Plaints Pleas Informations Indictments and Iudicial Procéedings and all Commissions for taking of Answers or Examination of Witnesses Commission for taking of Fines and Warrants of Attorney Guardians or Prochein-Amy shall stand and be continued and shall and may be procéeded upon prosecuted and returned notwithstanding the same were commenced or prosecuted in English and notwithstanding the present happy Change and Restitution of his Majesties Name and Stile in Iudicial Procéedings And be it further Enacted by the authority aforesaid Process and proceedings in English in Courts of Iustice to continue EXP. That one pretended Act made in the year of our Lord 1650. entituled An Act for turning the Books of the Law and all Process and Proceedings in Courts of Justice into English shall stand and be in force as if the same had béen a good and effectual Act from the first Return of Easter Term in the year of our Lord 1651. untill the first day of August in the year of our Lord 1660. and no longer And whereas by one other pretended Act made in the said year of our Lord 1650. entituled An Act touching Corn and Meal It was Enacted or mentioned to be Enacted That from and after the twentieth day of November 1650. It should and might be lawfull to and for any person or persons Defendant or Tenant for or by reason of any matter to be pleaded set forth or alledged in Bar to any Action Real Personal or mixt in any Court of Record to plead the General Issue of Not Guilty or the like General Issue proper to the Nature of the Action or Suit commenced and for his or their Discharge or Acquitting to give any such matter in evidence to the Iury that shall try the same and that the said matter shall be as available to such person or persons Defendant or Tenant to all intents and purposes as if the said matter had béen specially pleaded set forth or alledged in Bar of such action Be it further Enacted That the said pretended Act Pleading the General Issue as touching the pleading of the General Issue shall by authority hereof stand and be in full force and effect according to the Tenor thereof until the said first day of August as if the same had béen a good and effectual Act of Parliament EXP. and no longer Provided alwayes That where the General Issue hath béen since the said twentieth day of November 1660. pleaded or shall before the said first day of August in the said year of our Lord 1660. be pleaded in any action That then upon the Tryal of the said Cause such Evidence shall and may be allowed as if the said pretended Act touching the pleading of the General Issue had béen and continued a good and effectual Act of Parliament not determined or discontinued Provided also That his Majesties Royal assent to the passing of this Bill shall not extend His Majesties Assent to this Bill doth not determine the Session All Writs Patents Commissions c. to issue in the Kings name as formerly or be construed to extend to the determining of the Session of this present Parliament Provided nevertheless and be it Enacted That all Writs Patents and Commissions for Constituting Iustices of either Bench and Barons of the Exchequer Commissions of Oyer and Terminer and Gaol-Delivery and Precepts upon Commissions of Oyer and Terminer and Gaol-Delivery and all other Commissions hereafter to be made by the Clerk of the Crown in the Chancery Charters and Letters Patents under the
them who being disguised by Frocks and Vizors did appear upon the Scaffold erected before Whitehal upon the thirtieth of Ianuary one thousand six hundred forty and eight All which persons for their execrable Treason in sentencing to death or signing the Instrument for the horrid Murder or being instrumental in taking away the precious Life of our late Sovereign Lord Charles the first of Glorious Memory are left to be procéeded against as Traytors to His late Majesty according to the Laws of England and are out of this present Act wholly excepted and foreprized But ingard the said Owen Row Augustine Garland Edmond Harvey Henry Smith Persons that appeared and rendred themselves Henry Martin Sir Hardress Waller Robert Titchbourn George Fleetwood James Temple Thomas Wait Simon Meyn William Heveningham Isaac Penington Peter Temple Robert Lilburn Gilbert Millington Vincent Potter Thomas Wogan and John Downs have personally appeared and rendred themselves according to the Proclamation bearing Date the sixth day of Iune one thousand six hundred and sixty to Summon the persons therein named who gave Iudgement and Assisted in the said Horrid and Detestable Murther of our said late Sovereign to appear and render themselves and do pretend thereby to some favour upon some conceived doubtful Words in the said Proclamation Be it Enacted by this present Parliament and the Authority of the same upon the humble desires of the Lord and Commons in Parliament assembled That if the said Owen Row Augustine Garland Edmond Harvey Henry Smith Henry Martin Sir Hardress Waller Robert Titchburn George Fleetwood James Temple Tho. Wait Simon Meyn William Heveningham Isaac Penington Peter Temple Robert Lilburn Gilbert Millington Vincent Potter Thomas Wogan and John Downs or any of them shall be legally Attainted for the Horrid Treason and Murther aforesaid That then nevertheless the Execution of the said person and persons so Attainted shall be supended until his Majesty by the Advice and Assent of the Lords and Commons in Parliament shall order the Execution by Act of Parliament to be passed for that purpose Except also out of this present Act Oliver Cromwel deceased Henry Ireton deceased John Bradshaw deceased and Thomas Pride deceased Provided That nothing in this Act contained shall extend to discharge the Lands Tenements The Lands and Goods of the persons rendring themselves not excepted St. 13 Car. 2. ca. 15. Goods Chattels Rights Trusts and other the Hereditaments late of the said O. Cromwel Henry Ireton John Bradshaw and Thomas Pride or of Isaac Ewer deceased Sir John Danvers deceased Sir Thomas Maleverer Baronet deceased William Purefoy deceased John Blackiston deceased Sir William Constable Baronet deceased Richard Dean deceased Francis Allen deceased Peregrin Pelham deceased John Moor deceased John Aldred alias Alured deceased Humphry Edwards deceased Sir Gregory Norton Baronet deceased John Venn deceased Thomas Andrews Alderman deceased Anthony Stapely deceased Thomas Horton deceased John Fry deceased Thomas Hamond deceased Sir John Bourchier deceased of and from such pains penalties and forfeitures as by one other Act of Parliament intended to be hereafter passed for that purpose shall be expressed and declared And also excepted out of this present Act William Lord Mounson James Challoner Persons excepted for other penalties not extending to life St. 13. Car. 2. ca. 15. Sir Henry Mildmay Sir James Harrington John Phelps and Robert Wallop All which persons did Act and sit in that Trayterous Assembly which in the moneth of Ianuary one thousand six hundred forty eight Acted and procéeded against the Life of our late Sovereign King Charles the first of blessed Memory and are therefore reserved to such pains penalties and forfeitures not extending to Life as by another Act intended to be passed for that purpose shall be imposed on them And also except Sir Arthur Hesilrig for and in respect onely of such pains penalties and forfeitures not extending to Life as by one Act intended to be hereafter passed for that purpose shall be inflicted and imposed Provided alwayes That John Hutchinson Esquire and Francis Lassels Persons made incapable of any Offices shall be and are hereby made for ever incapable to Execute any Place or Office of Trust Civil or Military within this Kingdom And that the said Francis Lassels shall pay unto our Sovereign Lord the King one full years value of his Estate Any thing herein before contained to the contrary notwithstanding Provided alwayes That this Act or any thing therein contained Sir Henry Vane Iohn Lambert excepted shall not extend to the pardoning or to give any other benefit whatsoever unto Sir Henry Vane John Lambert or either of them but that they and either of them are and shall be out of this present Act wholly excepted and foreprized Penalty of certain persons if they shall after the first of September 1660. accept any Office Provided That if William Lenthal William Burton Oliver Saint-John John Ireton Alderman Colonel William Sydenham Colonel John Desborow John Blackwel of Moreclake Christopher Pack Alderman Richard Keeble Charles Fleewood John Pyne Richard Dean Major Richard Creed Philip Nye Clerk John Goodwyn Clerk Sir Gilbert Pickering Colonel Thomas Lister and Colonel Ralph Cobbet shall after the first day of September one thousand six hundred and sixty accept or exercise any Office Ecclesiastical Civil or Military or any other publique employment within this Kingdom of England Dominion of Wales or Town of Berwick upon Tweed that then such person or persons as do so accept or execute as aforesaid shall to all intents and purposes in Law stand as if he or they had béen totally excepted by name in this Act. Persons that gave Sentence upon any in the illegal High Courts of Iustice Provided likewise That all those who since the fifth of December one thousand six hundred forty eight did give sentence of death upon any person or persons in any of the late Illegal and Tyrannical High Courts of Iustice in England or Wales or Signed the Warrant for Execution of any person there Condemned except Colonel Richard Ingolsby and Colonel Matthew Thomlinson shall be and are hereby made incapable of bearing any Office Ecclesiastical Civil or Military within the Kingdom of England or Dominion of Wales or of serving as a Member in any Parliament after the first day of September one thousand six hundred and sixty Provided also and it is Enacted That all and every the persons appointed Trustées in a late pretended Act or Ordinance made in the year of our Lord Persons intrusted by Ordinance 1649. about Tithes shall be accomptable one thousand six hundred forty nine for and concerning Tithes appropriate Oblations Obventions Pensions Portions of Tithes appropriate Offerings Fée-farm Rents issuing out of the Tithes therein mentioned First-fruits and other things and Enacted or mentioned to be Enacted to be vested setled adjudged or déemed to be in the actual sesin or possession of such person and persons in the said pretended Act or Ordinance mentioned
Protection or Wager of Law shall be allowed And be it further Enacted by the Authority aforesaid That for every Ship or Vessel which from and after the Five and twentieth day of December Ships of England Ireland or Wales Sailing to any English plantation of America Asia or Africa shall be bound with sureties to bring goods there loaded into England c. in the year of our Lord one thousand six hundred and fifty shall set sail out of or from England Ireland Wales or Town of Berwick upon Tweed for any English Plantation in America Asia or Africa sufficient bond shall be given with one surety to the chief Officers of the Custom-house of such Port or place from whence the said Ship shall set sail to the value of one thousand pounds if the ship be of less burthen then one hundred Tuns and of the sum of two thousand pounds if the Ship shall be of greater burthen That in case the said ship or vessel shal load any of the said Commodities at any of the said English plantations that the same Commodities shall be by the said ship brought to some Port of England Ireland Wales or to the Port or Town of Berwick upon Tweed and shall there unload and put on shore the same the danger of the Seas only excepted And for all ships coming from any other Port or Place to any of the aforesaid plantations who by this Act are permitted to trade there that the Governor of such English plantations shall before the said ship or Vessel be permitted to load on board any of the said Commodities take Bond in manner and to the value aforesaid for each respective Ship or Vessel That such Ship or Vessel shall carry all the aforesaid Goods that be laden on board in the said ship to some other of His Majesties English Plantations or to England Ships coming from other places to any of those plantations Ireland Wales or Town of Berwick upon Tweed And that every ship or Vessel which shall load or take on board any of the aforesaid Goods untill such Bond given to the said Governor or Certificate produced from the Officers of any Custom-house of England Ireland Wales or of the Town of Berwick that such bonds have béen there â—â—ly given shall be forefeited with all her Guns Tackle Apparel and Furniture to be imployed and recovered in the manner as aforesaid And the said Governors and every of them shall twice in every year after the First day of January The respective Governors to return the bonds taken twice yearly to the chief offices of the custom in London One thousand six hundred and sixty return true Copies of all such Bonds by him so taken to the chief Officers of the Customs in London St. 13. Car. 2. cap. 14. CAP. XIX For preventing Frauds and concealments of Customs and Subsidies BE it Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords and Commons in this present Parliament assembled That if any person or persons at any time after the first day of September One thousand six hundred and sixty Persons which shall convey away any goods without entry agreement for the custome shall cause any Goods for which Custom Subsidy or other Duties are due or payable by vertue of the Act passed this Parliament Entituled A Subsidy Granted to the King of Tunnage and Poundage and other sums of money payable upon Merchandize Exported and Imported to be landed or conveyed away without due entry thereof first made and the Customer or Collector or his Deputy agréed with That then and in such case upon Oath thereof made before the Lord Treasurer or any of the Barons of the Exchequer or chief Magistrate of the Port or place where the offence shall be committed or the place next adjoyning thereunto The penalty it shall be lawful to and for the Lord Treasurer or any of the Barons aforesaid or chief Magistrate of the Port or place where the offence shall be committed or the place next adjoyning thereunto to issue out a Warrant to any person or persons thereby enabling him or them with the assistance of a Sheriff Iustice of Peace or Constable to enter into any house in the day time where such Goods are suspected to be concealed and in case of resistance to break open such houses and to seize and secure the same goods so concealed And all Officers and Ministers of Iustice are hereby required to be aiding and assisting thereunto Provided alwayes That no house shall be entred by vertue of this Act No proceeding against any upon this Act unless within one month after the offence committed The continuance of this Act. Damages and costs against false informers unless it be within the space of one Moneth after the offence supposed to be committed Provided also That this Act shall continue in force unto the end of the first Session of the next Parliament and no longer Provided also That if the Information whereupon any house shall come to be searched shall prove to be false that then and in such case the party injured shall recover his full damages and costs against the Informer by Action of Trespass to be therefore brought against such Informer St. 13 Car. 2. cap. 7. CAP. XX. For raising Sevenscore thousand pounds for the compleat Disbanding of the whole Army and paying off some part of the Navy by a two Moneths Assesment of 70000 l. per mensem beginning from the first of November 1660. EXP. Stat. 13 Car. 2. cap. 6. CAP. XXI An Act for the speedy raising of Seventy thousand pounds for the present supply of His Majesty EXP. Stat. 13 Car. 2. cap. 6. cap. 10. CAP. XXII Bay-making in the Dutch Bay-Hall in Colchester regulated CAP. XXIII Certain Impositions upon Beer Ale and other Liquors For the Encrease of His Majesties Revenue during His Life THe Commons assembled in Parliament in gratitude for an humble acknowledgment of Your Majesties great Grace and Favour to us Your Commons beyond Example of any Your Royal Progenitors expressed in many publick Acts and Declarations to the great rejoycing and general satisfaction of all Your people The raâ—es given to his Majesty for life which they desire to answer with returns suitable and excéeding the Examples of any of their Ancestors for the encreasing of your Maiesties Revenue during Your Maiesties Reign which God long continue Do therefore give and grant unto your most Excellent Majesty the Rates and Duties Impositions Charges and sums of Money herein after following And do beséech your Majesty that it may be Enacted And be it Enacted by the Kings most Excellent Maiesty by and with the advice and consent of the Lords and Commons in Parliament Assembled That from and after the twenty fifth day of December One thousand six hundred and sixty there shall be throughout your Maiesties Kingdom of England Dominion of Wales and Town of Berwick upon Tweed
intermedling with any Office or Imployment relating to the Excise until he or they shall before two or more Iustices of Peace in the County where his or their imployments shall be or before one of the Barons of the Exchequer take the Oaths of Allegiance and Supremacy which Oaths they have hereby power to Administer together with this Oath following Mutatis Mutandis The Oath YOU shall swear to execute the Office of _____ truly and faithfully without Favour or Affection and shall from time to time true Accompt make and deliver to such person and persons as His Majesty shall appoint to receive the same and shall take no Fee or Reward for the Execution of the said Office from any other person than from His Maiesty or those whom His Majesty shall appoint in that behalf And be it further Enacted by the Authority aforesaid Certificates at the next quarter sessions London Westminster Southwark Officers to be appointed by his Majesty That every such Iustice of Peace shall certify the taking of such Oath to the next Quarter-Sessions there to be Recorded And it is further Enacted That all parts of the Cities of London and Westminster with the Burrough of Southwark and the several Suburbs thereof and Parishes within the wéekly Bills of Mortality shal be under the immediate care inspection and management of the said Head-Office and such and so many subordinate Commissioners and Sub-Commissioners and other Officers and Ministers for the Execution of the Premisses shall be from time to time nominated and appointed by His Majesty his Heirs and Successors in all and every other the Counties Cities Towns and Places within this Kingdom of England Dominion of Wales and Port of Berwick as from time to time his Majesty his Heirs and Successors shall think fit And it is hereby further Enacted That the said Office of Excise in all places where it shall be appointed The Excise office to be kept open shall be kept open from eight of the Clock in the morning till twelve of the Clock at noon and from two of the Clock in the Afternoon till five of the Clock in the Afternoon for the due execution and performance of all and every the matters and things in this Act appointed and required The monies collected to be paid into the receipt of the Exchequer And it is further hereby Enacted That the said Chief Commissioners of Excise or the major part of them shall from time to time issue forth and pay such sum and sums of money as shall from time to time be received collected or levyed by vertue of this Act into his Majesties Receipt of Exchequer Provided alwayes and be it Enacted Persons sued may plead the general issue That if any person or persons shall at any time be sued or prosecuted for any thing by him or them done or executed in pursuance of this Act he or they shall and may plead the general issue and give this Act in evidence for his defence and if upon the Tryal a Verdict shall pass for the Defendant or Defendants or the Plaintiff or Plaintiffs be Non-suit then such Defendant or Defendants shall have double costs to him or them awarded against such Plaintiff or Plaintiffs Provided also and be it Enacted Writs of Certiorari shal not supersede any proceedings That no Writ or Writs of Certiorari shall supersede Execution or other Procéedings upon any Order or Orders made by the Iustices aforesaid in pursuance of this Act but that Execution and other procéedings shall and may be had and made thereupon any such Writ or Writs or allowance thereof notwithstanding Provided alwayes and be it further Enacted That this Act or any thing therein contained Proviso for Ed. Backwell for payment of 2â—4 â—â— shall not be prejudicial to Edward Backwell Alderman of London as to the sum of twenty eight thousand four hundred and fifty pounds or any part thereof by him advanced upon the Credit of several Orders of this present Parliament and by them charged on the receipt of the Grand Excise that is to say the sum of Five thousand pounds payable to his Majesties Surveyor-General for the repair of his Majesties houses charged by vertue of an Order of the sixth of September 1660. with Interest for the same the sum of ten thousand pounds advanced to her Highness the Princes Royal being charged with Interest by an Order of the 13th of September 1660. the sum of ten thousand pounds payable to her Majesty the Quéen of Bohemia being charged together with Interest by an Order of the 13th of September 1660. the sum of thrée thousand four hundred and fifty pounds payable for Provisions for Dunkirk by an Order of the 26th of November 1660. which sum of twenty eight thousand four hundred and fifty pounds together with Interest for the same according to the tenor of the said Orders after the rate of six per Cent. shall be paid to the said Edward Backwell or his Assigns out of the Grand Excise and the Arrears thereof in course as is by the said Orders appointed and in case the same shall fall short in payment by the Twenty fifth of December One thousand six hundred and sixty that then the remainder shall continue secured to him out of the whole Excise in course as aforesaid and that no other payments be made out of the Excise but what is appointed by this present Parliament in course to precede the same untill the said debt due to the said Edward Backwell be satisfied and that in case any part of the monies due to Alderman Backwell be paid out of that part of the Excise which shall grow due to the Kings Majesty that then his Majesty shall be reimbursed the same out of the first monies that shall come in of the Arrears of Excise that will be due the said twenty fifth of December Stat 13 Car. 2. cap. 7. CAP. XXIV The Court of Wards and Liveries and Tenures in Capite and by Knights-Service and Purveyance taken away and a Revenue setled upon His Majesty in Lieu thereof VVHereas it hath béen found by former experience That the Court of Wards and Liveries and Tenures by Knights-service either of the King or others or by Knights-service in Capite or Soccage in Capite of the King and the consequents upon the same have béen much more burthensome The reasons of this Act. grievous and prejudicial to the Kingdom then they have béen beneficial to the King and whereas since the intermission of the said Court which hath béen from the Four and twentieth day of February which was in the year of our Lord One thousand six hundred forty and five many Persons have by Will and otherwise made disposal of their Lands held by Knights-service whereupon divers Questions might possibly arise unless some seasonable remedy be taken to prevent the same Be it therefore Enacted by the King our Soveraign Lord with the assent of the Lords and Commons in Parliament
offending till satisfaction be made Power to mitigate the forfeitures Provided nevertheless That it shall and may be lawful to and for the said respective Iustices of Peace Commissioners for Excise or any two of them or their Sub-Commissioners respectively from time to time where they shall sée cause to mitigate compound or lessen such forfeiture penalty or fine as in their discretion they shall think fit And that every such mitigation and payment thereupon accordingly made shall be a sufficient discharge of the said penalties and forfeitures to the persons so offending so as by such mitigation the same be not made less than double the value of the duty of Excise which should or ought to have béen paid besides the reasonable costs and charges of such Officer or Officers or others as were imployed therein to be to them allowed by the said Iustices any thing in this Act to the contrary in any wise notwithstanding How the forfeitures shall be imployed And it is hereby further Enacted and Ordained That all Fines Forfeitures and Penalties mentioned in this Act all necessary charges for the recovery thereof being first deducted shall be imployed thrée fourth parts thereof to and for the use of the Kings Majesty and one fourth part to the Discoverer or Informer of the same And for the better managing collecting securing levying and recovering of all and every the said rates and charges of Excise hereby imposed and set upon all or any of the Commodities before mentioned One principal Office of Excise erected in London to the end the same may be paid and disposed of according to the intent of this present Act Be it further Enacted and Ordained by the authority aforesaid and it is hereby Enacted That one principal Head-Office shall be erected and continued in the City of London or within ten miles thereof from time to time as long as his Majesty shall think fit for this duty unto which all other Offices for the same within England and Wales and the Town and Port of Berwick shall be subordinate and accomptable Which said Office shall be managed by such Officers as shall be appointed by the Kings Majesty as aforesaid who or any two of them are hereby appointed and constituted Commissioners and Governours for the management of His Majesties Receipt of the Excise and to sit in some convenient place in the City of London or within ten miles thereof from time to time as long as his Majesty shall think fit And be it Enacted by the Authority aforesaid That no person or persons shall be capable of intermedling with any Office or Imployment relating to the Excise until he or they shall before two or more Iustices of Peace in the County where his or their imployments shall be or before one of the Barons of the Exchequer take the Oaths of Allegiance and Supremacy which Oaths they have hereby power to Administer together with this Oath following Mutatis Mutandis The Oath YOU shall swear to execute the Office of _____ truly and faithfully without Favour or Affection and shall from time to time true Accompt make and deliver to such person and persons as His Majesty shall appoint to receive the same and shall take no Fee or Reward for the Execution of the said Office from any other person than from His Maiesty or those whom His Majesty shall appoint in that behalf London Westminster c. to be under the management of the chief Office And be it further Enacted by the Authority aforesaid That every such Iustice of Peace shall certify the taking of such Oath to the next Quarter-Sessions there to be Recorded And it is further Enacted That all parts of the Cities of London and Westminster with the Burrough of Southwark and the several Suburbs thereof and Parishes within the wéekly Bills of Mortality shal be under the immediate care inspection and management of the said Head-Office and such and so many subordinate Commissioners All Commissioners c. to be nominated by his Maiesty and Sub-Commissioners and other Officers and Ministers for the Execution of the Premisses shall be from time to time nominated and appointed by His Maiesty his Heirs and Successors in all and every other the Counties Cities Towns and Places within this Kingdom of England Dominion of Wales and Port of Berwick as from time to time his Majesty his Heirs and Successors shall think fit And it is hereby further Enacted That the said Office of Excise in all places where it shall be appointed shall be kept open from eight of the Clock in the morning Times in which the Office shall be kept open till twelve of the Clock at noon and from two of the Clock in the Afternoon till five of the Clock in the Afternoon for the due execution and performance of all and every the matters and things in this Act appointed and required And it is further hereby Enacted That the said Chief Commissioners of Excise or the major part of them shall from time to time issue forth and pay such sum and sums of money as shall from time to time be received collected or levyed by vertue of this Act into his Majesties Receipt of Exchequer The general â—â—â—ue pleadable in any action upon this Statute Provided alwayes and be it Enacted That if any person or persons shall at any time be sued or prosecuted for any thing by him or them done or executed in pursuance of this Act he or they shall and may plead the general issue and give this Act in evidence for his defence and if upon the Tryal a Verdict shall pass for the Defendant or Defendants or the Plaintiff or Plaintiffs be Non-suit then such Defendant or Defendants shall have double costs to him or them awarded against such Plaintiff or Plaintiffs Writs of Certiorari no supersedeas Provided also and be it Enacted That no Writ or Writs of Certiorari shall supersede Execution or other Procéedings upon any Order or Orders made by the Iustices aforesaid in pursuance of this Act but that Execution and other procéedings shall and may be had and made thereupon any such Writ or Writs or allowance thereof notwithstanding Proviso as to the Act of General pardon Provided That this Act or any thing therein contained shall not extend or be construed to extend in any matter to weaken or invalidate one Act of this present Parliament Entituled An Act of Free and General Pardon Indempnity and Oblivion but that every Clause Article Matter and thing therein mentioned and comprised shall notwithstanding this Act or any matter or thing therein remain good and valid and be of the same force vertue and effect as if this Act had never béen made Provided alwayes and be it further Enacted That this Act or any thing therein contained Proviso concerning Ed. Backwell shall not be prejudicial to Edward Backwell Alderman of London as to the sum of twenty eight thousand four hundred
Kingdom of England Dominion of Wales and Town of Berwick upon Tweed by retail for above Eightéen pence the quart And that no Gascoigne or French Wines whatsoever shall be sold by Retail above eight pence the quart And that no Rhenish Wines whatsoever shall be sold by retail above Twelve pence the quart And according to these rates The Penalties for a greater and lesser quantity all and every the said Wines shall and may be sold upon pain and penalty that every such person or persons who shall utter or sell any of the said Wines by retail that is to say by Pint Quart Pottle or Gallon or any other greater or lesser Retail-measure at any rate excéeding the Rates hereby limited do and shall forfeit for every such Pint Quart Pottle Gallon or other greater or lesser quantity so sold by retail the sum of Five pounds the one moyety of which forfeiture shall be to our Soveraign Lord the King His Heirs and Successors and the other moyety to him or them that shall sue for the same to be recovered in manner and form as aforesaid Provided nevertheless The Lord Chancellor c. may set the Prises of Wines yearly or alter the same That it shall and may be lawful to and for the Lord Chancellor of England Lord Treasurer Lord President of the Kings Councel Lord Privy Seal and the two Chief Iustices or Five Four or Thrée of them And they are hereby Authorized yearly and every year betwéen the twentieth of November and the last day of December and no other times to set the Prises of all and every the said Wines to be sold by retail as aforesaid at higher or lower rates then are herein contained so that they or any of them cause the Prises by them set to be written and open Proclamation thereof to be made in the Kings Court of Chancery yearly in the Term time or else in the City Burrough or Towns Corporate where any such Wine shall be sold And that all and every the said Wines shall and may be sold by retail at such prises as by them or any Five Four or thrée of them shall be set as aforesaid from time to time for the space of one whole year to commence from the first day of February next after the setting thereof and no longer and no greater prises under the pains and penalties aforesaid to be recovered as aforesaid and afterwards And in default of such setting of prises by the said Lord Chancellor of England Lord Treasurer Lord President of the Kings Councel Lord Privy Seal and the two Chief Iustices or Five Four or Thrée of them as aforesaid at the respective Rates and Prises set by this Act and under the penalties as aforesaid to be recovered as aforesaid Stat. 13 Car. 2. cap. 7. CAP. XXVI The levying of the Twelve Moneths Assessment commencing the 24th of June 1659. and the six Moneths Assessment commencing the Twenty Fifth of December 1659. EXP. Stat. 13 Car. 2. cap. 7. CAP. XXVII Four hundred and twenty thousand pounds by an Assessment of Threescore and ten Thousand pounds by the Moneth Granted for Six Moneths for Disbanding the Remainder of the Army and paying off the Navy with Rules and Instructions for the same EXP. Stat. 13 Car. 2. cap. 7. CAP. XXVIII Further supplying and explaining certain defects in an Act Intituled An Act for the provision of money for Disbanding and paying off the Forces of this Kingdom both by Land and Sea EXP. Stat. 13 Car. 2. cap. 7. CAP. XXIX Seventy thousand pounds to be raised for the further supply of His Majesty EXP. Stat. 13 Car. 2. cap. 7. CAP. XXX The Attainder of several persons Guilty of the Horrid Murther of His late Sacred Majesty King Charles the First IN all humble manner shew unto Your most Excellent Majesty Your Majesties most dutiful and loyal Subjectts the Lords and Commons in Parliament Assembled That the Horrid and Execrable Murther of Your Majesties Royal Father The horrid murder of King Charles the first how first contrived and plotted our late most Gracious Soveraign Charles the First of ever blessed and glorious memory hath béen committed by a party of wretched men desperately wicked and hardned in their Impiety who having first plotted and contrived the ruine and destruction of this excellent Monarchy and with it of the true Reformed Protestant Religion which had béen so long protected by it and flourished under it found it necessary in order to the carrying on of their pernicious and traiterous designs to throw down all the Bullwarks and Fences of Law and to subvert the very being and constitution of Parliament that so they might at last make their way open for any further attempts upon the Sacred Person of his Maiesty himself And that for the more easy effecting thereof they did first seduce some part of the then Army into a compliance and then kept the rest in subjection to them partly for hopes of preferment and chiefly for fear of losing their imployments and arrears untill by these and other more odious arts and devices they had fully strengthened themselves both in power and faction which being done they did declare against all manner of Treaties with the person of the King even then while a Treaty by advice of both Houses of Parliament was in being Remonstrate against the Houses of Parliament for such procéedings seize upon his Royal person while the Commissioners were returned to the House of Parliament with his Answer and when his Concessions had béen Voted a ground for peace seize upon the House of Commons seclude and imprison some Members force out others and there being left but a small remnant of their own Creatures not a tenth part of the whole did séek to shelter themselves by this weak pretence under the name and Authority of a Parliament and in that name laboured to prosecute what was yet behind and unfinished of their long intended Treason and Conspiracy To this purpose they prepared an Ordinance for erecting a prodigious and unheard of Triennal which they called An High Court of Justice for Tryal of his Majesty and having easily procured it to pass in their House of Commons as it then stood moulded ventured to send it up from thence to the Péers then sitting who totally rejected it whereupon their rage and fury increasing they presume to pass it alone as an Act of the Commons and in the name of the Commons of England and having gained the pretence of Law made by a power of their own making pursue it with all possible force and cruelty until at last upon the thirtieth day of January one thousand six hundred forty and eight His Sacred Majesty was brought unto a Scaffold and there publickly Murthered before the Gates of his own Royal Palace And because by this Horrid action the Protestant Religion hath received the greatest wound and reproach and the people of England the most insupportable shame and infamy that was
continue any such foot-post Horse-post Coach-post or pacquet-Boat as aforesaid which said several and respective Forfeitures shall and may be sued for and recovered by Action or Actions of Debt plaint or Information in any of his Majesties Courts of Record wherein no Essoigne priviledge protection or Wager of Law shall be admitted Proviso where any Post-master doth not provide and the said several and respective forfeitures that shall happen from time to time to be recovered shall be and remain the one moyety thereof to his Majesty and his Heirs and Successors and the other moyety thereof to such person or persons who shall or will inform against the Offender or Offenders against this present Act and shall or will sue for the said forfeitures upon the same Provided alwayes That if any post-Master of any respective place doth not or cannot furnish any person or persons riding in Post with sufficient horses within the space of one half hour after demand That then such person or persons are here understood to be left at liberty to provide themselves as conveniently they can And the persons who shall furnish such horses shall not therefore be liable unto any Penalties or Forfeitures contained in this Act. Provided alwaies That if through default or neglect of the Post-Master General aforesaid Proviso touching Post-masters that do not sufficiently provide horses c. any person or persons riding in Post shall fail as aforesaid of being furnished with a sufficient Horse or Horses for his or their use after demand as aforesaid That in every such case the said Post-Master General shall forfeit the sum of Five pounds sterling the one moyety to his Majesty his Heirs and Successors and the other moyety to him or them who shall sue for the same in any Court of Record to be recovered by Bill Plaint or other Information wherein no Essoigne Protection or other Wager in Law shall be admitted Provided alwayes and be it Enacted Proviso That nothing herein contained shall be understood to prohibit the carrying or recarrying of any Letters or pacquets to or from any Town or place to or from the next respective Post-Road or Stage appointed for that purpose But that every person shall have frée Liberty to send and imploy such persons as they shall think fit for to carry the said Letters or Pacquets as aforesaid without any forfeiture or penalty therefore Any thing contained in this Act to the contrary notwithstanding Proviso against carrying any pacquet out of England in any forreign vessels Provided alwayes That if the Pacquet or Maile shall be carryed out of England into any part beyond the Seas in any ship or Vessel which is not of English built and Navigated with English Seamen That in every such case the said post-Master General shall forfeit the sum of one hundred pounds Sterling The one moyety to his Majesty His Heirs and Successors and the other moyety to him or them who shall sue for the same in any Court of Record to be recovered by Bill Plaint or other Information wherein no Essoigne Protection or other Wager in Law shall be allowed Oaths of Allegiance and Supremacy Provided also and be it Enacted by the Authority aforesaid That no person or persons shall be capable of having using or exercising the Office of post-Master General or any other Imployment relating to the said Office unless he or they shall first take the Oaths of Allegiance and Supremacy before any two Iustices of the peace of the respective Counties wherein such person or persons are or shall be resident which said Iustices are hereby Authorized to administer the said oaths accordingly Proviso Truro Penrin Kendall Lancaster Penrith Carlisle Grimsby Post-Master to continue constant posts Provided also and be it Enacted by the Authority aforesaid That a Letter or pacquet-post shall twice every wéek come by the way of Truro and Penrin to the Town of Marketiew alias Marhasion in the County of Cornwall and once a wéek to Kendal by the way of Lancaster and to the Town of Penrith in Cumberland by the way of Newcastle and Carlisle and to the City of Lincoln and the Burrough of Grimsby in the County of Lincoln Any thing in this Act contained to the contrary thereof in any wise notwithstanding Provided also and be it Enacted by the Authority aforesaid That such post-master General to be from time to time appointed by his Majesty His Heirs and Successors as aforesaid shall continue constant posts for carriage of letters to all places though they lye out of the post-roads as hath béen used for the space of thrée years last past at the rates herein before mentioned under pain of forfeiture for every omission Five pounds to be recovered by Action Suit or plaint in any his Majesties Courts of Record the one moyety to the use of his Majesty the other moyety to the use of the Informer And for the better management of the said post-Office and that the people of these Kingdomes may have their intercourse of Commerce and trade the better maintained and their Letters and advises conveyed carried and recarried with the greatest spéed security and convenience that may be Penalty for every omission The Post-master c. to observe such orders as his Majesty shall make Be it further Enacted That the said post-Master General so nominated appointed and constituted as aforesaid and his Deputies shall from time to time observe and follow such orders rules directions and instructions for and concerning the settlement of convenient posts and Stages upon the several roads in England Scotland and Ireland and other his Majesties Dominions and the providing and kéeping of a sufficient number of horses at the said several Stages as well for the carrying and conveying of the said letters and pacquets as for the horsing of all thorow-posts and persons riding in post by warrant or otherwise as aforesaid as his Majesty his heirs and Successors shall from time to time in that behalf make and ordain And that his Majesty his heirs and Successors may grant the said Office of post-master General His Maiesty may grant the said office for life or years not exceeding 25. years together with the powers and Authorities thereunto belonging and the several rates of portage above mentioned and all profits priviledges fées perquisites and emoluments thereunto belonging or to belong either for life or term of years not excéeding one and twenty years to such person or persons and under such Covenants conditions and yearly rents to his said Majesty his Heirs and Successors reserved as his said Majesty his heirs and Successors shall from time to time think fit for the best advantage and benefit of the Kingdom No horses to be seized without consent of the owners Provided alwayes and be it Enacted by the Authority aforesaid That no person shall have power to take use or seize any horses for the service mentioned in this Act without the consent of the
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
to 12 ◠a lawful Oath 16 Car. 2. c. 4. and contrary to the Word of God from and after the four and twentieth day of March in this present year of our Lord One thousand six hundred sixty and one shall wilfully and obstinately refuse to take an Oath where by the Laws of the Realm he or she is or shall be bound to take the same being lawfully and duly tendred or shall endeavour to perswade any other person to whom any such Oath shall in like manner be duly and lawfully tendred to refuse and forbear the taking of the same or shall by Printing Writing or otherwise go about to maintain and defend that the taking of an Oath in any case whatsoever is altogether unlawful And if the said persons commonly called Quakers shall at any time after the said four and twentieth day of March depart from the places of their several habitations and assemble themselves to the number of five or more of the age of sixtéen years or upwards at any one time in any place under pretence of joyning in a Religious worship not authorized by the Laws of this Realm that then in all and every such cases the party so offending being thereof lawfully convict by verdict of twelve men or by his own confession or by the notorious evidence of the fact shall lose and forfeit to the Kings Majesty his Heirs and Successors for the first offence such sum as shall be imposed upon him or her not excéeding five pounds And if any person or persons being once convicted of any such offence shall again offend therein and shall in form aforesaid be thereof lawfully convicted shall for the second offence forfeit to the King our Soveraign Lord his Heirs and Successors The second offence such sum as shall be imposed upon him or her not exceeding ten pounds The said respective penalties to be levied by distress and Sale of the parties goods so convicted by warrant of the parties before whom they shall be so convicted rendring the overplus to the owners if any be and for want of such distress or non-payment of the said penalty within one wéek after such conviction that then the said parties so convicted shall for the first offence be committed to the Common-Goal or house of Correction for the space of thrée months and for the second offence during six moneths without bail or Mainprize there to be kept at hard labour which said monyes so to be levyed shall be paid to such person or persons as shall be appointed by those before whom they shall be convicted to be imployed for the increase of the stock of the House of Correction to which they shall be committed and providing materials to set them on work And if any person after he in form aforesaid hath béen twice convict of any of the said offences shall offend the third time and be thereof in form aforesaid lawfully convict that then every person so offending and convict The third offence shall for his or her third offence abjure the Realm or otherwise it shall and may be lawful to and for his Majesty his Heirs and Successors to give order and to cause him her or them to be transported in any Ship or Ships to any of his Majesties Plantations beyond the Seas And it is Ordained and Enacted by the Authority aforesaid Who may hear and determine the offences within this Act. That all and every Iustice of Oyer and Terminer Iustices of Assize and Goal-delivery and the Iustices of the Peace shall have full Power and Authority in every of their open and General Sessions to enquire hear and determine all and every the said Offences within the limits of their Commission to them directed and to make Process for the execution of the same as they may do against any person being indicted before them of Trespass or lawfully convicted thereof And be it also Enacted That it shall and may be lawful to and for any Iustice of Peace Mayor or other chief Officer of any Corporation within their several Iurisdictions to commit to the Common Goal or bind over with sufficient Sureties to the Quarter-Sessions any person or persons offending in the Premisses in order to his or their conviction aforesaid Provided alwayes and be it hereby further Enacted That if any of the said persons How persons submitting may be discharged from the penalties shall after such conviction as aforesaid take such Oath or Oaths for which he or she stands committed and also give security that he or she shall for the time to come forbear to meet in any such unlawful Assembly as aforesaid that then and from thenceforth such person and persons shall be discharged from all the penalties aforesaid any thing in this Act to the contrary notwithstanding Provided alwayes and be it Ordained and Enacted by the Authority aforesaid Lords of the Parliament That all and singular Lords of the Parliament for every third offence committed against the tenor of this Act shall be tryed by their Péers and not otherwise CAP. II. For repairing the High-wayes and Sewers and paving and keeping clean of the Streets in and about London and Westminster and for reforming of Annoyances and Disorders there and for the Regulating and Licensing of Hackney Coaches and for the enlarging of several strait and inconvenient Streets and Passages FOrasmuch as the Common High-wayes leading unto and from the Cities of London and Westminster and the Suburbs thereof and other places within the present Wéekly Bills of Mortality by reason of the multitude of Houses lately built and through the stopping and filling up the Ditches and Sewers and neglect of timely reparations are at present and for some years past have béen so miry and foul as is not only very noisom dangerous and inconvenient to the Inhabitants thereabouts but to all the Kings Liege People riding and travelling to and from the said Cities May it therefore please Your most Excellent Majesty that it may be Enacted And be it Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled Commissioners to be named by his Majesty under the Great seal for Surveying and cleansing the Streets High-wayes and by the Authority of the same That for the Surveying Ordering and managing of the said High-wayes Stréets Allies and other Passages within the said Cities and places aforesaid and all things necessary for the Repairing Paving or kéeping clean thereof there be from henceforward Commissioners to be nominated by his Majesty under the Great Seal of England not excéeding the number of one and twenty besides such other Commissioners as are by this Act nominated and appointed whereof the Surveyor of his Majesties Works for the time being to be alwayes one that shall have their place of meeting at the Office of his Majesties Works in Scotland-yard or at some one other place as they or
Commissioners for the accommodation of Countrey Carts returning empty And the said Scavengers Rakers or other Vndertakers shall have liberty to pass through such Wharfs Docks or Yards with their Ashes Dust Dirt c. as shall be judged by the Commissioners to be most commodious for the carrying the same by Water they giving satisfaction to the Owners or Occupiers of such Wharfs or Yards and in case of unreasonable Demands the said Commissioners shall hear moderate and determine the same according to Equity and good Conscience and in case any person or persons shall find him or themselves agrieved or prejudiced by such Determination of the said Commissioners How persons grieved may appeal or by any other the Acts or Procéedings of the said Commissioners wherein he or they shall conceive themselves relievable in Iustice or Equity the said party so agrieved shall and may have recourse in all cases to the Lord Treasurer Chancellor of the Exchequer and Barons of the Court of Exchequer to set forth his or their Case by Petition Bill or Plaint And the said Court is hereby impowred in such case of Appeal to hear and determine all matters to them complained of concerning the same and thereupon to revoke make void alter or confirm such Acts or Procéedings of the said Commissioners as shall be agréeable to Equity and Iustice The Commissioners to be be called to accompt in the Exchequer yearly And the said Court of Exchequer is hereby also further impowred yearly to call the said Commissioners to an account for all Rents Fines Penalties Contributions or any other sum or sums of Money payable or that shall come to their or any of their hands for any of the purposes in this Act intended And the said Commissioners are hereby required at or before every Trinity Term to deliver in a true account before the Barons of the said Court of all their Receipts and Disbursments for the Year ended at Easter then past and in default thereof Process shall of course be made forth against the said Commissioners by the Clerk of the Extracts of the said Court at the Sealing-day for the said Trinity-Term every Year respectively And be it further Enacted by the Authority aforesaid That the Decrée made at a Session of Sewers at Westminster-Hall Westminster within the City of Westminster and County of Middlesex the eighth day of August One thousand six hundred sixty and one holden before John Lord Roberts Lord Privy Seal James Duke of Ormond in the Kingdom of Ireland Lord Steward of his Majesties Houshold and Earl of Brecknock Mountague Earl of Lindsey Edward Earl of Manchester and others the Commissioners of Sewers then and there assembled by Authority of his Majesties Commission of Sewers to them and others directed for the making of two new Sewers and enlarging and amending the old Sewers near Charing-Cross for conveying the Water away from annoying his Majesties Palace at White-Hall be and is hereby ratified and confirmed and shall be put in execution according to the true intent and meaning thereof with full power to levy all the Arrears as by a Commission of Sewers can or may be done And all and every person and persons imployed or that have acted therein be and are hereby indemnified and saved harmless from all manner of Suits and Actions that may or shall be brought against any of them for the same And whereas great quantities of Sea-coal-ashes dust dirt and other filth of late times have béen and daily are thrown into the Stréets Lanes and Allies of the Cities of London and Westminster and Borough of Southwark and other parts adjacent to the great Annoyance of Your Majesties good People Be it therefore Enacted by the Authority aforesaid That all and every person and persons inhabiting within the said Cities of London and Westminster and the Suburbs and Liberties thereof and the Borough of Southwark or in any of the said new built stréets Lanes All streets and lanes to be cleansed every week or Allies shall from the first day of May One thousand six hundred sixty and two swéep and cleanse or cause to be swept and cleansed all the Stréets Lanes Allyes and publick places before their respective Houses Buildings and Walls twice every wéek that is to say on every Wednesday and every Saturday in the wéek and all the soil dirt and other filth shall cause to be taken up into Baskets Tubbs or other Vessels ready for the Raker Scavenger or other Officer appointed for that purpose to carry away The penalties for neglect thereof None to cast any ashes or dust before their houses The penalty upon pain to forfeit thrée shillings and four pence for every offence or neglect respectively And that no person or persons whatsoever shall throw cast or lay or cause permit or suffer to be thrown cast or laid any Sea-coal-ashes dust dirt or other filth or annoyance in any open Street Lane or Alley within the said Cities or places aforesaid before or against his her or their own dwelling Houses Buildings or Walls on the Penalty of five shillings and if before the Houses Buildings or Walls of any of their Neighbours or other the Inhabitants of the Cities or Places aforesaid or before or against any Church or Church-yard or any of his Majesties Houses Buildings or Walls or any other publick Houses Buildings or places whatsoever or shall cast lay or throw or cause to be cast laid or thrown into any common or publick Sink Vault Water-course common Sewer or High-way within the said Cities or places aforesaid or any other private Vault or Sink of any of his Neighbours or other Inhabitants any Ashes Dust Filth Ordure or other noysome thing whatsoever but shall kéep or cause the same to be kept in their respective Houses Back-sides or Yards untill such time as the Raker Scavenger or other Officer thereto appointed of the Ward Parish Stréet or place where they dwell do come by or near their houses or doors with his Cart Barrow or other thing or things used for cleansing the Streets and carrying away thereof and then shall carry or cause to be carried the said Ashes Dust or other Filth and Annoyance aforesaid forth of their houses and deliver it unto the said Raker Scavenger or Officer or otherwise put the same in his Cart Barrow or other thing as aforesaid upon pain to forfeit the sum of twenty shillings for every such Offence And be it further Enacted That the respective Church-Wardens White-Hall Church-yards and houses of Noblemen the House-kéepers of White-Hall and other his Majesties Houses House-kéepers or Porters of Noble-mens houses Vshers Porters or Kéepers of Courts of Iustice and all other Publick Houses and Places respectively shall be lyable to and shall suffer the like Penalties Forfeitures and Punishments for every the before-mentioned Offences or Neglects committed done or suffered to be done before any Church or Church-yard or before any of His Majesties Houses Buildings or
and for the said respective Lieutenants and in their absence as aforesaid or otherwise by their directions to and for their Deputies or any two or more of them by warrant under their hands and seals to levy all such penalties as are appointed by this Act by distress and sale of the offenders Goods rendring the overplus to the Party distrained And it is hereby Ordained and Enacted And to defalk the charges out of their next Rent That it shall and may be lawful to and for the said Tenant or Tenants to defalk out of such rent as shall be next due to his or their Landlord all such Money as the said Tenant or Tenants shall necessarily lay out or expend in providing such horse and Horse-man horses and Horse-men and Arms or Foot-souldier and Arms as are charged upon his or their Landlord or shall pay or be levied upon him or them by distress for any default in manner as aforesaid any condition reservation Covenant or Contract for the payment of his or their Rent to the contrary in any wise notwithstanding And for so doing the said Tenant or Tenants shall be indemnified by Authority of this Act The Tenants indemnified for so doing unless the Land-lord or Land-lords shall make it appear within two moneths after such levying such penalties before the respective Lieutenants and in their absence as aforesaid or otherwise by their directions before their Deputies or any two or more of them that the default and penalty was occasioned by the wilful neglect of the said Tenant or Tenants Peers not to act as Lieutenants or Deputies before they take the Oath of Allegiance c. Provided also That no person being a Péer of this Realm shall be capable of acting or serving as Lieutenant or Deputy-Lieutenant by vertue of this Act unless he or they shall first before six of the Lords of his Majesties Privy-Council for the time being or such other Persons as shall be authorised by his Majesty to administer the same take the Oaths of Allegiance and Supremacy and also this Oath following I A.B. do declare and believe that it is not lawful upon any pretence whatsoever to take Arms against the King And this oath And that I do abhor that Traiterous Position That Arms may be taken by his authority against His Person or against those that are Commissioned by him in pursuance of such Military Commissions So help me God Which Oaths they have hereby power to administer Persons under the degree of a Peer to take the Oath of Allegiance c. And that no Person being under the degrée of a Péer of this Realm shall be capable of acting as Lieutenant Deputy-Lieutenant Officer or Souldier by vertue of this Act unless he or they shall first take the Oaths of Allegiance and Supremacy and this Oath following I A. B. do declare and believe that it is not lawful upon any pretence whatsoever to take Arms against the King And that I do abhor that Traiterous Position And this oath That Arms may be taken by his Authority against His Person or against those that are Commissioned by Him in pursuance of such Military Commissions So help me God Which Oaths any one Iustice of Peace of the respective Counties and Places aforesaid is enabled to administer to such respective Lieutenant as is not a Péer of this Realm and the said Lieutenant or any one Iustice of Peace of the respective Counties and Places aforesaid is enabled to administer to the respective Deputy-Lieutenants not being Péers and the said respective Lieutenants and in their absence as aforesaid or otherwise by their directions when they are not absent their Deputies or any two of them shall and are hereby Enabled to administer the said Oaths to the said Officers and Souldiers The Trained Bands to continue till the 25. March 1663. And no longer And to the end there may be some convenient time to put in execution the Powers of this Act and preparing an Establishment according to the same Be it hereby Enacted That the Trained Bands and Forces now actually raised and in being shall so continue in each respective City and County of England and Wales until the five and twentieth day of Mach One thousand six hundred sixty and thrée and no longer unless an Establishment according to this Act be no sooner had any thing in this present Act to the contrary in any wise notwithstanding The times appointed for training and mustering And it is hereby Declared and Enacted That the Ordinary times for Training Exercising and Mustering the Forces to be raised by vertue of this Act shall be these following that is to say the general Muster and Exercise of Regiments not above once a year the Training and Exercising of single Companies not above four times a year unless special Directions be given by his Majesty or his Privy-Council And that such single Companies and Troops shall not at any one time be continued in Exercise above the space of two days and that at a General Muster and Exercise of Regiments What Arms and Provision every Souldier shall bring no Officer or Souldier shall be constrained to stay for above four days together from their respective habitations And that at every such Muster and Exercise every Musquetier shall bring with him half a pound of Powder at the charge of such person or persons as provide the said Foot-souldier and Arms and every Horse-man is to bring with him a quarter of a pound of Powder at the charge of such person or persons as provide the said horse Horse-man and Arms and the Arms Offensive and Defensive with the Furniture for Horse are to be as followeth The Defensive Arms a Back Breast and Pott and the Breast and Pott to be Pistol-proof The Offensive Arms a Sword a Case of Pistols the Barrels whereof are not to be under 14 Inches in length The furniture for the Horse to be a great Saddle or Padd with Burrs and Trapps to affix the Houlsters unto a Bitt and Bridle with a Pectorel and Crupper For the Foot a Musquetier is to have a Musquet the Barrel whereof is not to be under thrée foot in length And the Gage of the Bore to be for 12 Bullets to the pound a Coller of Bandeliers with a Sword Provided that all Muster-Masters shall for the present admit and allow of any Musquets already made which will bear a Bullet of 14 to the pound But no Musquets which henceforth shall be made are to be allowed of but such as are of the Gage for 12 Bullets to the pound A Pike-man is to be armed with a Pike made of Ash not under 16 foot in length the head and foot included with a Back Breast Head-piece and Sword Provided that all Muster-Masters shall for the present admit and allow of any Pikes already made that are not under 15 foot in length But no Pikes which shall be hereafter made are to be allowed of
Worship belonging to his said Benefice or Promotion upon some Lords Day before the Feast of Saint Bartholomew which shall be in the year of our Lord God One thousand six hundred sixty and two openly publiquely and solemnly Read the Morning and Evening Prayer appointed to be Read by and according to the said Book of Common Prayer at the times thereby appointed and after such reading thereof shall openly and publikely before the Congregation there assembled declare his unfeigned assent and consent to the use of all things in the said Book contained and prescribed In these words and no other I A. B. Do here declare my unfeigned assent and consent to all and every thing contained and prescribed in and by the Book intituled The Book of Common Prayer and Administration of the Sacraments and other Rites and Ceremonies of the Church according to the use of the Church of England together with the Psalter or Psalms of David Pointed as they are to be sung or said in Churches and the Form or manner of Making Ordaining and Consecrating of Bishops Priests and Deacons The Penalty for refusing And that all and every such person who shall without some lawful impediment to be allowed and approved of by the Ordinary of the place neglect or refuse to do the same within the time aforesaid or in case of such Impediment within one Moneth after such Impediment removed shall ipso facto be deprived of all his Spiritual Promotions And that from thenceforth it shall be lawful to and for all Patrons and Donors of all and singular the said Spiritual Promotions or of any of them according to their respective Rights and Titles to present or collate to the same as though the person or persons so offending or neglecting were dead Every person hereafter to be promoted to any Ecclestiastical Benefice shall read the Common Prayer and declare his assent thereto And be it further Enacted by the Authority aforesaid That every person who shall hereafter be presented or collated or put into any Ecclesiastical Benefice or Promotion within this Realm of England and places aforesaid shall in the Church Chappel or place of publick worship belonging to his said Benefice or Promotion within two moneths next after that he shall be in the actual possession of the said Ecclesiastical Benefice or Promotion upon some Lords Day openly publickly and solemnly Read the Morning and Evening Prayers appointed to be Read by and according to the said Book of Common Prayer at the times thereby appointed and after such reading thereof shall openly and publickly before the Congregation there assembled declare his unfeigned assent and consent to the use of all things therein contained and prescribed according to the form before appointed The penalty for not so doing the same And that all and every such person who shall without some lawful Impediment to be allowed and approved by the Ordinary of the place neglect or refuse to do the same within the time aforesaid or in case of such Impediment within one moneth after such Impediment removed shall ipso facto be deprived of all his said Ecclesiastical Benefices and Promotions And that from thenceforth it shall and may be lawful to and for all Patrons and Donors of all and singular the said Ecclesiastical Benefices and Promotions or any of them according to their respective Rights and Titles to present or collate to the same as though the person or persons so offending or neglecting were dead Incumbents of Livings keeping Curates shall read the same once every moneth And be it further Enacted by the Authority aforesaid That in all places where the proper Incumbent of any Parsonage or Vicarage or Benefice with Cure doth reside on his Living and kéep a Curate the Incumbent himself in person not having some lawful Impediment to be allowed by the Ordinary of the place shall once at the least in every moneth openly and publickly read the Common Prayers and Service in and by the said Book prescribed and if there be occasion Administer each of the Sacraments and other Rites of the Church in the Parish Church or Chappel of or belonging to the same Parsonage Vicarage or Benefice in such order manner and form The penalty and manner of conviction for not doing it as in and by the said Book is appointed upon pain to forfeit the sum of Five pounds to the use of the poor of the Parish for every offence upon conviction by confession or proof of two credible Witnesses upon Oath before two Iustices of the Peace of the County City or Town Corporate where the offence shall be committed which Oath the said Iustices are hereby impowred to Administer and in default of payment within ten dayes to be levied by distress and sale of the Goods and Chattels of the Offender by the Warrant of the said Iustices by the Church-wardens or Overséers of the poor of the said Parish rendring the surplusage to the party Deans Canons Prebendaries c. shall subscribe the Declaration 15 Car. 2. cap. 6. And be it further Enacted by the Authority aforesaid That every Dean Canon and Prebendary of every Cathedral or Collegiate Church and all Masters and other Heads Fellows Chaplains and Tutors of or in any Colledge Hall House of Learning or Hospital and every publick Professor and Reader in either of the Vniversities and in every Colledge elsewhere and every Parson Vicar Curate Lecturer and every other person in holy Orders and every School-master kéeping any publick or private School and every person Instructing or Teaching any Youth in any House or private Family as a Tutor or School-master who upon the First day of May which shall be in the year of our Lord God One thousand six hundred sixty two or at any time thereafter shall be Incumbent or have possession of any Deanry Canonry Prebend Mastership Headship Fellowship Professors place or Readers place Parsonage Vicarage or any other Ecclesiastical Dignity or Promotion or of any Curates place Lecture or School or shall instruct or teach any Youth as Tutor or School-master shall before the Feast-day of St. Bartholomew which shall be in the year of our Lord One thousand six hundred sixty two or at or before his or their respective admission to be Incumbent or have possession aforesaid subscribe the Declaration or Acknowledgment following Scilicet The Decla ∣ ration I A. B. Do declare That it is not lawful upon any pretence whatsoever to take up Arms against the King and that I do abhor that Traiterous Position of taking Arms by His Authority against His Person or against those that are Commissionated by him And that I will conform to the Liturgy of the Church of England as it is now by Law established And I do declare That I do hold there lies no Obligation upon me or on any other person from the Oath commonly called The Solemn League and Covenant to endeavour any change or alteration of Government either
the Defendant as aforesaid And whereas the Custom hath béen retained time out of mind and found expedient that there should be a cessation of weaving every year in the time of Harvest in regard the Spinners of Yarn which the said Weavers do use No weaving of Stuffs in time of Harvest are at that time chiefly imployed in Harvest-work Be it Enacted That no Weaver under the Regulation of the said Trade and Manufacture shall set any Loom on work for the weaving of any Stuffs under the said Regulation in the time of Harvest yearly from the Fiftéenth day of August in every year until the Fiftéenth day of September then next following upon pain of forfeiting to the Kings Majesty the sum of Forty Shillings for every Loom which shall be used in work within the said time And be it further Enacted by the Authority aforesaid Trut accompts to be made at the 4 assemblies of all fines and forfeitures That a true accompt shall be made at the four Assemblies to be held quarterly as aforesaid by the Wardens before the Mayor of the City of Norwich for the time being and one of the Iustices of the Peace of the said City and County of Norwich and two Iustices of the Peace of the County of Norfolk of all such Fines and Forfeitures as shall be received and had belonging to the said Trade and Manufacture and of the necessary Charges and Disbursements touching the same Trade and Manufacture and that the Over-plus which shall remain after the said necessary Charges and Disbursments are deducted shall be devided into two equal parts the one Moyety thereof to be disposed of by the Wardens and Assistants of the said City of Norwich or the greater part of them and the other Moyety thereof by the Wardens and Assistants of the said County of Norfolk or the greater part of them for the use of the Poor of the said Trade and Manufacture in such manner as the said Mayor and Iustices aforesaid respectively shall order and direct and no other any thing in this Act to the contrary thereof in any wise notwithstanding And that all Mayors Iustices Sheriffs Bayliffs Constables and all other Officers All Mayors bayliffs c. to be ayding and assisting shall be aiding and assisting to the said Wardens and Assistants or any of them as often as they shall be thereunto required and in all Actions and Suits that shall be brought against any person or persons for Acting in any thing according to the true intent and meaning of this Act the person or persons so sued or molested shall or may plead the general Issue of not guilty In Action the defendant may plead the general issue and give the special matter in Evidence and shall recover double Costs in every such case if the Verdict pass for such person or persons or that the Plaintiff or Plaintiffs be Nonsuit therein Provided alwayes That this Act nor any thing therein contained Double costs shall extend to compel the Weavers of the Towns of Great Yarmouth and Lyn in the said County of Norfolk to bring their Wares to Notwich to be Sealed or be prejudicial to the Weavers of the said Towns Proviso for the Weavers of Great Yarmouth and Lyn. or either of them to deprive them or either of them of such Liberties or Priviledges as are granted unto them by an Act of Parliament made in the Fourtéenth Year of King Henry the Eight or by any other Act of Parliament or Grant or Charter whatsoever This Act to begin and take effect from the Fiftéenth day of May One thousand six hundred sixty and two CAP. VI. For Enlarging and repairing of Common High-ways VVHereas the former Laws and Statutes for the Mending and Repairing of the Common and publick High-wayes of this Realm have not béen found so effectual as is desired by means whereof and the extraordinary Burthens carried upon Wagons and other Carriages divers of the said High-ways are become very dangerous and almost unpassable For remedy whereof Be it Enacted by the Kings most Excellent Majesty by Surveyors of the High-wayes to be chosen yearly the Munday or Tuesday in Easter week and with the advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same That the Church-wardens and Constables or Tything-men of every Parish Town Village or Hamlet for the time being within the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed shall upon Munday or Tuesday in the Easter wéek yearly whereof notice shall be publickly given the Sunday foregoing in the Church immediately after the end of Morning Prayer with the advice and consent of the major part of the Inhabitants which shall be then present choose Two or more sufficient and able persons residing and inhabiting within their Parish Town Village or Hamlet to be Surveyors of their High-ways for the year next ensuing and give notice thereof in writing to the persons chosen and for default of such choice so to be made as aforesaid The penalty the Church-wardens Constables or Tything-men and Inhabitants of every such Parish Town Village or Hamlet shall forfeit and lose the sum of Five pounds And be it Enacted by the Authority aforesaid That all and every Surveyor and Surveyors The duty of the Surveyors within twenty days next after notice given unto him or them of his and their Election as aforesaid or of the publication of this Act shall upon the penalty of Five pounds Veiw and Survey all the Common and Publick High-ways and Bridges within the Parish Town Village or Hamlet wherein he or they are respective Surveyor or Surveyors and all Water-courses Causeys and Pavements therein which are to be Repaired and Amended at a Publick Charge of the said Parish Town Village or Hamlet and shall consider what reparations shall be néedful to be made and what sum or sums of money will be requisite to be raised for the Amending Repairing and Enlarging of the same over and above what will be done by the other Laws made for the Amending of the said High-ways and thereupon shall together with two or more substantial Housholders of the said Parish Town Village or Hamlet called by the Surveyors to their Assistance within ten days after such Survey made lay one or more Assessment or Assessments How and upon whom to lay Assessment for mending or Enlarging the High-wayes upon every Inhabitant rated to the Poor and upon every Occupier of Lands Houses Tythes Impropriate or Appropriat Portions of Tythes Coal-mines and other Mines saleable Vnderwoods Stock Goods or other personal Estate not being Houshold-stuff within the said said Parish Town Village or Hamlet for the Repairing Amending and Enlarging of the said publick and common High-ways as they the said Surveyors and other the substantial Housholders or the Major part of them shall think fit méet and necessary which said Assessment
sued for and disposed as hereafter in this Act is directed Provided nevertheless That this Act or any thing therein contained shall not extend to the Prohibiting the Transportation of any Leather made into Boots 5 E. 6. cap. 15. 1 Mar. cap. 8. Parl. 2. Quaere If those two Statutes be Repealed by this Proviso Who may search and seize Leather or Hides intended to be Transported Shooes or Slippers but that the same may be Transported Any thing in this Act contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That it shall and may be lawful to and for the respective Masters and Wardens of the Cordweyners Sadlers Girdlers and Curriers of the City of London and their Deputies and all Customers Comptrollers Farmers of Customes Supervisors Searchers and other Officers belonging to the Customs and to and for all Iustices of the Peace Mayors and chief Officers of Corporations within this Realm Dominion of Wales or Town of Berwick upon Tweed from time to time as well by Land as Water to Search for and seize any Leather or Raw Hides wrought or unwrought cut or uncut packed up or unpacked intended or purposed to be Transported by any person or persons into any parts beyond the Seas or into Scotland other then Calves-skins and Shéep-skins as aforesaid Shaving of Leather by Tanners And whereas divers Tanners do shave cut and rake their upper-leather Hides all over and the necks of their backs and buts to the great impairing thereof and the extream prejudice of the Kingdom Be it therefore Enacted by the Authority aforesaid That every Tanner who after the Nine and twentieth day of September in the year of our Lord One thousand six hundred sixty and two The Penalty shall commit any such offence as aforesaid shall forfeit all the said Leather Backs Buts or Calve-skins so shaved cut or raked or the value thereof and it shall be lawful for the Searchers and Sealers of Leather to seize the same Leaden-Hall London And be it further Enacted That the Market for Leather in Leaden-Hall in London shall be kept on the Tuesday as now it is Any Law Vsage or Custom to the contrary in any wise notwithstanding How the Penalties shall be recovered And be it further Enacted by the Authority aforesaid That all the penalties and forfeitures and every sum and sums of money for any offence or offences herein before mentioned shall be recovered by Action of Debt Bill Plaint Information to be brought for the same in any Court or Courts at Westminster or in any Court or Courts of Records in the City Town County or place where the said offence shall be committed wherein no Wager of Law Protection or Essoign shall be admitted neither shall the same be removed out of the said County City or Town-Corporate the one half of the said forfeitures to be to the use of the Kings Majesty his Heirs and Successors and the other half thereof to the use of the Informer or Informers that shall sue for the same Transportation of Leather declared a common Nusance Leather for necessary use of Ships in Voyages Artificers dealing in cutting of Leather in London or within three miles thereof Provided also and be it Enacted That all such Exportation or Transportation of any Hides or Leather contrary to this Act is hereby adjudged and declared to be a common and publick Nusance Provided nevertheless That this Act shall not extend or be construed to prohibit the carrying or conveying of any such Hides or Leather which shall be vsed or imployed for the necessary vse or provision of any Ship or Vessel in any Voyage beyond the Seas and which shall not be sold in any forreign parts so as the number do not excéed Six Raw Hides and Thrée Tanned Hides Provided alwayes nevertheless And be it further Enacted by the Authority aforesaid That all and every Artificer dealing in cutting of Leather or other person or persons whatsoever which shall hereafter buy any Red Tanned Leather within the City of London or thrée miles thereof shall before the next Market-day within the said place for sale of Leather give Notice thereof to one or more of the Company of Curryers then exercising and using the Art and Mystery of a Curryer within the said City of London and thrée miles thereof and within thrée wéeks after such notice shall deliver or cause to be delivered the said Leather so bought except such part thereof as shall be used for Soals without being curryed tallowed or dressed unto the said Curryer or Curryers to whom such notice was given to the intent that the same may be curryed tallowed or otherwise dressed as is directed and appointed by one Act made in the First year of King James 1 Jac. cap. 22. Chapter twenty second touching the Duty of Tanners Curryers Shoemakers and others upon penalty of the forfeiture of Six shillings eight pence for every Back But Hide or Calves-skin so bought and not delivered as aforesaid for the uses and to be recovered as aforesaid And whereas it is Enacted amongst other things Leather used in London or within three miles to be searched and allowed by the Wardens of the Curriers there The Penalty by the said Act made in the First year of King James That no person or persons shall by any means occupy or put in any Made-wares within the City of London or thrée miles of the same City any Curryed Leather before the same shall be searched and allowed by the Wardens of the Curryers of London for the time being or such persons as they shall thereto assign and be Sealed with a Seal therefore to be prepared upon pain that every Shoemaker and other Artificer Cutter of Leather offending against that Article should forfeit for every Hide or Skin otherwise curryed or imployed as is aforesaid Six shillings eight pence and the value of every such Hide or Skin Be it therefore further Enacted by the Authority aforesaid That the Master and Wardens of the Company of Curryers for the time being or such persons as they shall thereto assign shall from time to time and at all seasonable times in the day time enter into any Warehouse Shop Celler or other place within the said City of London or thrée miles of the same City belonging unto any of the said Cordwainers Sadlers Girdlers or other person or persons being Artificers dealing in cutting Leather and in the presence of any two or more of them to search for and seize all such Leather intended to be Prohibited to be used by the said Clause Branch or Article as aforesaid as also for all Wares made of such Leather and if any such person or persons Artificers or Dealers as aforesaid shall oppose Penalties for opposing the Search or refuse to permit the said Master and Wardens of the Company of Curriers or such persons as they shall thereto assign to make any such search or
two of them shall forthwith call all such Treasurers High-Constables Petty-Constables or other persons which have formerly béen Intrusted with the Receipt Collecting or Disposing of any such sum of Money charged upon any Parish by vertue of the Statute aforesaid and whereof no account hath béen given and likewise the Executors and Administrators of such person and persons unto a strict account concerning such Levies and Collections made And such Money as they shall find remaining in the custody of such persons to order forthwith to be paid for the intents and purposes aforesaid and no other to the Treasurer appointed by vertue of the said Statute or to be appointed by vertue of this present Act at the next Quarter-Sessions to be holden for such County or Liberty under such penalty as by the said Statute is set forth Which said Treasurer to be appointed by this Act shall continue by vertue hereof until Easter Sessions following The continuance of this Act. Provided That no Pension to be given or assigned by Authority hereof shall excéed to any one person the sum of Twenty pounds by the year This Act to continue to the end of the first Session of the next Parliament CAP. X. An Additional Revenue setled upon His Majesty His Heirs and Successors for the better support of His and their Crown and Dignity The great concernment of proportioning the Publique Revenue to the Charges and Expences FOrasmuch as nothing conduceth more to the Peace and Prosperity of a Nation and the Protection of every single person therein then that the Publick Revenue thereof may be in some measure proportioned to the Publick Charges and Expences We therefore Your Majesties most Loyal and Obedient Subjects the Commons assembled in Parliament having duly considered the Premisses do give and grant unto your most Excellent Majesty Your Heirs and Successors the Rates and Duties herein after mentioned and do most humbly beséech Your Majesty that it may be Enacted And be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in Parliament assembled and by the Authority of the same That from and after the Five and twentieth day of March in the year of our Lord God One thousand six hundred sixty and two every Dwelling and other House and Edifice and all Lodgings and Chambers in the Inns of Court Inns of Chancery Colledges and other Societies that are or hereafter shall be erected within the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed other then such as in this Act are hereafter excepted and declared shall be chargeable and by this present Act be and are charged with the Annual paâ—ment to the Kings Majesty Every Fire-Hearth and Stove charged with the yearly payment of 2 s. to the King his Heirs and Successors his Heirs and Successors for every Fire-Hearth and Stove within every such House Edifice Chambers and Lodging as aforesaid the sum of Two shillings by the year to be paid yearly and every year at the Feast of St. Michael the Arch-Angel and the Feast of the Annuntiation of the Blessed Virgin St. Mary by even and equal portions the First payment thereof to be paid upon the Feast-day of Saint Michael the Arch-Angel which shall be in the year of our Lord One thousand six hundred sixty and two And to the intent that a just account may be had and taken of all the said Hearths and Stoves by this Act intended to be charged Be it Enacted by the Authority aforesaid How an Accompt shall be taken of all Fire-Hearths and Stoves That every Owner or Occupier of every such House Edifice Lodgings and Chambers shall respectively within six dayes after notice given unto him or them by the respective Constables Headboroughs Tythingmen or other such Officers within whose Precinct the said House Edifice Chambers or Lodgings shall be or by the respective Treasurers or Officers of Inns of Court Inns of Chancery or other Officers of the respective Colledges and other Societies aforesaid wherein any such Lodgings and Chambers shall be deliver unto the said Constables Headboroughs Tithingmen or other such Officers as aforesaid respectively a true and just account in writing under the hands of such Owners or Occupiers as aforesaid of all the said Hearths and Stoves which are within their several and respective Houses Lodgings and Chambers aforesaid And be it Enacted by the Authority aforesaid That the respective Constables Headboroughs How and when the same shall be delivered in Tithingmen or other such Officers within whose limits any such House or Edifice charged by this Act as aforesaid are and the respective Treasurers and other Officers of the respective Inns of Court Inns of Chancery Colledges and other Societies aforesaid shall by the last day of May One thousand six hundred sixty and two require the several Occupiers of every such House Edifice Lodging and Chamber aforesaid to deliver in to them respectively Accounts in writing as aforesaid under their several and respective hands of all such Hearths and Stoves as aforesaid as shall be within their respective Houses Edifices Lodgings and Chambers and upon receipt of the same or upon default of such Account in writing or in case there be no occupiers then within six dayes after notice in writing fixt to the door requiring such Account to be made the said Constables or other Officers respectively as aforesaid shall enter into the said respective Houses in the day-time and compare such Accounts and sée whether the same be truly made or not And if no such Account be delivered then shall take information by their own view of the number of such Hearths and Stoves upon pain that every Constable Treasurer and other Officer aforesaid who shall neglect to do the same shall forfeit for every wéek he or they shall so neglect the sum of Five pounds and for every false return wilfully made contrary to this Act he or they shall forfeit and lose for every Hearth and Stove so falsly returned or omitted the sum of Forty shillings And be it further Enacted by the Authority aforesaid That the several Constables and other Officers who are hereby authorized to take the account of the aforesaid Hearths and Stoves within their particular Limits as aforesaid shall at the next Quarter-Sessions after the said last day of May to be holden for their respective Counties deliver all such Accounts in writing as they shall receive reform or take by their own view unto the Iustices of Peace in their respective Quarter-Sessions of the said Counties together with a true Note of the names of all such persons who shall refuse or neglect to give unto them an account under their hands of such Hearths and Stoves within their respective Houses Edifices Chambers and Lodgings as aforesaid And be it further Enacted How Accompts of Hearths and Stoves shall be enrolled and duplicates thereof by the Iustices
of the Peace That the said Iustices of Peace shall cause all the said Accounts of the several Hearths and Stoves within the respective Counties to be Inrolled by the Clerk of the Peace of the said respective Counties Ridings in Yorkshire and Divisions in Lincolnshire and also a Duplicate thereof in Parchment under the Hands and Seals of thrée or more of the Iustices of Peace of the respective Counties and places aforesaid who are hereby required to sign the same to be returned into his Majesties Court of Exchequer within one moneth next after such account delivered unto them at their respective Quarter-Sessions aforesaid upon pain that the Clerk of the Peace of every such County Riding or Division respectively offending therein shall forfeit to his Majesty his Heirs and Successors the sum of Two hundred pounds for the first moneth and for the second moneth he shall so neglect every such Clerk of the Peace shall forfeit and lose his or their place and office and the same shall become void accordingly which forfeiture and penalty shall be recovered and levied as this Act directs And to the intent that the Revenue hereby arising to his Majesty How the Moneys arising shall be collected received and paid into the Exchequer may from time to time be paid into his Exchequer with as little charge as may be Be it Enacted by the Authority aforesaid That the respective Treasurers and other Officers of the Inns of Court Inns of Chancery Colledges and other Societies aforesaid within their respective Iurisdictions and the several Petty-Constables Tithing-men Head-boroughs and such other Officers within the respective Limits Liberties and Iurisdictions shall every half year within Six days after the said duty shall grow due as aforesaid collect gather and receive the same from the several Occupiers of the said Hearths and Stoves and upon payment thereof shall give several Acquittances without taking any thing for such Acquittances unto the several persons who shall pay the same And that such Acquittances shall be a full and perfect discharge to every such person who shall pay the same against His Majesty His Heirs and Successors so that no person who shall have such Acquittance shall be molested sued or vexed or put to any charge in His Majesties Court of Exchequer or else where Distress and sale of goods in default of payment And be it further Enacted by the Authority aforesaid That in case any person who is hereby charged or intended to be charged to pay any sum or sums of money as aforesaid shall refuse or neglect to pay the same that then every person or persons who is hereby Authorized to collect the same shall and may levy the same by distress and sale of the goods of the person and persons so refusing or neglecting rendring unto the said person and persons the overplus of such money as shall remain in their hands by the said sale after the said duty and necessary charges of levying the same is discharged as aforesaid The duty of Constables Treasurers and Officers impowered to Collect the said duties And be it further Enacted by the Authority aforesaid That the aforesaid Constables Treasurers and other Officers who are hereby Authorized to collect the aforesaid duties shall within Twenty days next after the aforesaid times at which the said duties shall be due to His Majesty as aforesaid pay unto the High Constables of the several Hundreds and respective Limits all such money as they shall receive for the aforesaid duties receiving an Acquittance without paying any thing for the same The allowance for Collecting and deducting Two pence in the pound for their pains in collecting the same And shall also then in writing under his hand deliver unto the said High Constable the names of the persons of whom they receive the same and also the names of such persons who ought to have paid the respective duties yearly charged upon them and have not paid the same where no distress can be had Within what time the money ought to be paid to the High Sheriff And be it further Enacted That the High Constables of the several hundreds and respective limits shall within ten days next after their several receipts from the said Constables Headboroughs Tithingmen and other Officers pay unto the High Sheriffs of every County all such money as they shall so receive deducting a penny in the pound for their pains and shall also then deliver or cause to be delivered unto the said High Sheriffs the several returns which they received from the Constables and other Officers aforesaid And when the High Sheriff ought to pay the same into the Exchequer And the respective Sheriffs shall within thirty days after he or they shall receive the said moneys from the respective Collectors return the same together with the names of such persons who are defaulters and had no distress to be found into His Majesties Court of Exchequer deducting Four pence out of every Twenty shillings and so after that rate whereof Thrée pence to be for the Sheriffs own use as a reward of his pains in receiving and returning the same and One penny to be paid by the Sheriff to the Clerk of the Peace for his pains to be recovered by the said Clerk of the Peace by Action of Debt London Middlesex Provided always and be it Enacted That the High Sheriff of London and Middlesex for the time being for London and so much of the County of Middelsex as lies within the Bills of Mortality other then the Inns of Court and Chancery and the High Sheriff of Surrey for the time being for the Burrough of Southwark Surrey Southwark and all other Sheriffs of any other City or Town being a County of it self for such Cities and Towns respectively shall be and are hereby made Collectors of and for the several duties arising within their several and respective limits For which end and purpose and in those places onely the Constables Tithingmen Headboroughs and other Officers shall deliver unto the Sheriffs of the Cities and places aforesaid Duplicates of the same Accompts of Hearths and Stoves which the said Constables Headboroughs Tithingmen and other Officers are appointed by this Act to take from time to time and to deliver to the Iustices of Peace to be Inrolled as aforesaid And the said Sheriffs of the Cities and places last before mentioned are hereby enabled to levy the said duties and required to give Acquittances without any Fées as fully and amply to all intents and purposes as in this Act is appointed to be done by any other Collectors And the said Sheriffs shall from time to time within Forty days after the said Duties shall be payable by vertue of this Act make payment of all the moneys levied into His Majesties Exchequer with a perfect List of the names of such persons as shall make default of payment where no distress can be found to be taken Any thing in this
Rivers Streams Channels and Sands some places then appointed are become unfit and useless others much more convenient and commodious as well for Traffique and Commerce as for Landing and Discharging Lading and Shipping of Goods Wares and Merchandize It is Enacted and Ordained and be it Enacted and Ordained by the Authority aforesaid That the Kings Majesty may from time to time by his Highness Commission or Commissions out of his Court of Exchequer assign and appoint all such further Places Ports Members and Créeks except the Town of Hull as shall be lawful for the landing and discharging lading or shipping of any Goods Wares or Merchandize within the Kingdom of England Dominion of Wales or Port or Town of Berwick upon Tweed and to what ancient and head-Ports respectively such Places Members or Creeks shall belong and appertain And where any such Member Créek or Place shall be so as aforesaid appointed by vertue of the said Commission or Commissions the Customer Collector Comptroller and Searcher of the head-Port shall by themselves or their sufficient Deputy or Deputies servant or servants reside and inhabit for the entring clearing and passing shipping and discharging of Ships Goods and Merchandize And by vertue of the aforesaid Commission or Commissions may likewise set down and appoint the extents bounds and limits of every Port Haven or Créek within his Majesties Kingdom of England Dominion of Wales and Town and Port of Berwick whereby the extents limits and priviledges of every Port Haven and Créek may be ascertained and known And it shall not be lawful for any Person or Persons whatsoever to lade or put or cause to be laden or put off or from any Key Wharf or other place on the Land into any Ship Vessel Lighter Boat or Bottom any Goods Wares or Merchandize whatsoever Fish taken by his Majesties Subjects Sea-coal Stone and Bestials only excepted to be Transported into any place of the parts beyond the Seas or carried by land into the Realm of Scotland or to take up discharge or lay on land or cause or procure to be taken up discharged and laid on land out of any Boat Lighter Ship Vessel or Bottom being not in Leak or Wreck any Goods Wares or Merchandize whatsoever Fish taken by his Majesties Subjests Bestials and Salt only excepted to be brought from any of the parts beyond the Seas or by land from the Realm of Scotland by way of Merchandize but only upon such open Place Key or Wharf Places Keys or Wharfs as his Majesty shall from time to time assign and appoint by vertue of such Commission and Commissions as aforesaid in his Majesties Port of London and the Members and Liberties thereof in any other Port Place Member or Créek within his Majesties Kingdom of England Dominion of Wales and Town and Port of Berwick without special sufferance and leave first had from the Commissioners and Officers of his Majesties Customs upon the penalty of the forfeiture of all such Goods Wares and Merchandize For avoiding Practises between Owners of goods and Informers to avoid payment of customs None to seize any goods but officers of the customs And forasmuch as it doth appear by daily experience That there are great Practises and Combinations betwéen the Importers and Owners of Goods and Merchandizes and the Seizers and Informers with design and intent to defraud the force of the Law and his Majesty of his Duties and Customs Be it Enacted by the Authority aforesaid That no Ship or Ships Goods Wares or Merchandize shall be seized as forfeited for or by reason of unlawful Importation or Exportation into or out of this Kingdom of England Dominion of Wales or Port and Town of Berwick or any the Ports members or Créeks thereunto belonging or for not payment of any Customs or Subsidies now due or hereafter to be due and payable to his Majesty but by the person or persons who are or shall be appointed by his Majesty to manage his Customs or Officers of his Majesties Customs for the time being or such other person or persons as shall be deputed and authorized thereunto by Warrant from the Lord-Treasurer or Vnder-Treasurer or by special Commission from his Majesty under the Great or Privy-Seal And if any Seizure shall hereafter be made by any other Person or Persons whatsoever for any the Causes aforesaid such seizure shall be void and of none effect any Statute Law Act or Provision to the contrary in any wise notwithstanding In any suit against persons imployed about the customs the Defendant may plead the general issue 12 Car. 2. cap. 18. And be it further Enacted by the Authority aforesaid That in every Action Suit Indictment Information or Prosecution wherein or whereby the person or persons which are or shall be appointed by his Majesty for managing his Customs or the Officers of his Majesties Customs or any Officer or Officers Person or Persons authorized by his Majesty to put in execution the Act of Parliament For encreasing and encouraging of Navigation their Deputies or Servants or any others acting in aid of them have béen are or shall be sued indicted prosecuted or molested it shall be lawful for all and every the said Persons their Heirs Executors and Administrators to plead the general Issue And to give this for other acts relating to customs or Navigation in evidence and to give this or the aforesaid Acts of Parliament relating to the Customs and Navigation in evidence in any of his Majesties Courts of Iustice or other Courts where the said matter shall be depending And the Iudges of the said Courts are hereby strictly enjoyned and required to admit the same and to acquit and indemnifie them and every of them of and from all such Suits Indictments Informations or Prosecutions for or concerning any matter or thing acted or done in the due and necessary performance and execution of their respective Trusts and Imployments therein Be it hereby also Enacted for avoiding of fraudulent Compositions That if any Seizer For avoyding fraudulent compositions by Informers Informer or Officer as aforesaid shall not prosecute to effect for the bringing to Tryal and Condemnation the Ships Goods and Merchandize by them Seized or Informed against That then and in every such case it shall be lawful to or for any of the person or persons which are or shall be appointed by his Majesty for managing his Customs or the Officers of the Customs or other person or persons deputed by them or thereunto Authorized by the Lord-Treasurer or Vnder-Treasurer to make seizure of or inform against such Goods and Merchandize or bring his Action for the same by way of Devenerunt and that they shall be estéemed and adjudged in Law as the true first Informers and Seizers and have the benefit of such Informers or Seizers Any Law Statute Act or Vsage to the contrary in any wise notwithstanding And that no Informer or Officer be suffered to compound under one Third of the
build Cottages and the most Woods for them to burn and destroy and when they have consumed it then to another Parish and at last become Rogues and Vagabonds to the great discouragement of Parishes to provide Stocks where it is liable to be devoured by strangers Be it therefore Enacted by the Authority aforesaid That it shall and may be lawful How to be setled coming to any Tenement under ten pounds yearly value upon complaint made by the Church-wardens or Overseers of the poor of any Parish to any Iustice of Peace within Forty dayes after any such person or persons coming so to settle as aforesaid in any Tenement under the yearly value of Ten pounds for any two Iustices of the Peace whereof one to be of the Quorum of the Division where any person or persons that are likely to be chargeable to the Parish shall come to inhabit by their Warrant to remove and convey such person or persons to such Parish where he or they were last legally setled either as a native Housholder Sojourner Apprentice or Servant for the space of forty dayes at the least unless he or they give sufficient security for the discharge of the said Parish to be allowed by the said Iustices Persons grieved may appeal to the Quarter Sessions Provided alwayes That all such persons who think themselves agrieved by any such Iudgement of the said two Iustices may appeal to the Iustices of the Peace of the said County at their next Quarter-Sessions who are hereby required to do them justice according to the merits of their Cause Persons going to work in harvest Provided also That this Act notwithstanding it shall and may be lawfull for any person or persons to go into any County Parish or place to work in time of Harvest or at any time to work at any other work so that he or they carry with him or them a Certificate from the Minister of the parish and one of the Churchwardens and one of the Overséers for the poor for the said year that he or they have a dwelling house or place in which he or they inhabit and hath left wife and children or some of them there or otherwise as the condition of the person shall require and is declared an Inhabitant or Inhabitants there And in such case if the person or persons shall not return to the place aforesaid when his or their work is finished or shall fall sick or impotent whilst he or they are in the said work it shall not be accounted a Settlement in the cases abovesaid but that it shall and may be lawful for two Iustices of the Peace to convey the said person or persons to the place of his or their habitation as aforesaid under the pains and penalties in this Act prescribed And if such person or persons shall refuse to go or shall not remain in such parish where they ought to be setled as aforesaid but shall return of his own accord to the parish from whence he was removed it shall and may be lawful for any Iustice of the Peace of the City County or Town-Corporate where the said Offence shall be committed to send such person or persons offending to the House of Correction there to be punished as a Vagabond or to a publick Work-house in this present Act hereafter mentioned there to be imployed in work or labour And if the Church-wardens and Overséers of the Poor of the Parish to which he or they shall be removed refuse to receive such person or persons and to provide work for them as other Inhabitants of the Parish any Iustice of Peace of that Division may and shall thereupon bind any such Officer or Officers in whom there shall be default to the Assizes or Sessions there to be Indicted for his or their Contempt in that behalf And for the further redress of the mischiefs intended to be hereby remedied Corporations or work houses in the Cities of London and Westminster Middlesex Surrey Be it Enacted by the Authority aforesaid That from thenceforth there be and shall be one or more Corporation or Corporations Work-house or Work-houses within the Cities of London and Westminster and within the Burroughs Towns and places of the County of Middlesex and Surrey scituate lying and being within the Parishes mentioned in the Wéekly Bills of Mortality consisting of a President a Deputy to the President and a Treasurer And that the Lord Mayor of the City of London for the time being be President of the Corporation or Corporations Work-house or Work-houses within the said City and the Assistants to be the Aldermen of the said City of London for the time being and fifty two other Citizens to be chosen by the Common-Council of the said City And that the said President and Assistants or the major part of them shall and may elect a Deputy-President and Treasurer and all other necessary Officers hereby constituted and authorized to execute the powers and Offices by this Act appointed And that upon the vacancy by death or otherwise of any Assistant the power to elect in their rooms be in the said Common-Council and the Election of the Deputy-President or Treasurer and all other Officers in the said President and major part of the Assistants as aforesaid And that a President a Deputy-President a Treasurer and Assistants be nominated and appointed by the Lord Chancellor or Lord Kéeper of the Great Seal of England for the time being out of the most fit persons inhabiting in the City of Westminster or the Liberties thereof for the Corporation or Corporations Work-house or Work-houses within the same And for the said places within the Wéekly Bills of Mortality in the said Counties of Middlesex and Surrey respectively President Deputy-president Treasurer and Assistants for Middlesex Surrey how to be elected there shall be elected and chosen by the major part of the Iustices of the Peace for the said Counties in their respective Quarter-Sessions assembled out of the most able and honest Inhabitants and Fréeholders of every of the said Counties of Middlesex and Surrey respectively a President a Deputy-President a Treasurer and Assistants for the Corporation or Corporations Work-house or Work-houses of the places aforesaid in Middlesex and Surrey And that upon the vacancy by death or otherwise of any of the Presidents Deputy-Presidents Treasurers or Assistants in the City of Westminster and places aforesaid in Middlesex and Surrey City of Westminster the power to elect others in their rooms be in the major part of the respective Iustices of Peace who in their General Quarter-Sessions from time to time shall accordingly supply such vacant places And that at every Quarter-Sessions they shall require and take an account in writing of all the Receipts Charges and Disbursements of the Officers and Treasurer of such Corporation or Corporations Work-house or Work-houses how many Poor people have béen imployed and set to work in the year last past and what stock there was
and is remaining which President Deputy-President and Treasurer for the time being respectively shall for ever hereafter in name and fact be Bodies Politick and Corporate in Law to all intents and purposes and shall have a perpetual Succession and may Sue or Plead or be Sued and Impleaded by the name of the President and Governours for the Poor of the respective places aforementioned in all Courts and places of Iudicature within this Kingdom and the Dominion of Wales and the Town of Berwick upon Tweed and by that Name every of the said Corporations shall and may without License in Mortmain purchase or receive any Lands Tenements or Hereditaments not excéeding the yearly value of Thrée thousand pounds per annum of the Gift Alienation or Devise of any person or persons who are hereby without further License enabled to give the same and any Goods Chattels or sums of Money whatsoever to the use intent and purposes hereafter limited and appointed And the each respective Corporation or any Seven of them shall have hereby Power and Authority from time to time to méet and kéep Courts for the ends and purposes in this Act expressed at such time and place as shall be appointed by the said President his Deputy or the Treasurer who are hereby required upon the desire of any Four of the said Corporation at any time to cause a Court to be warned accordingly And shall have hereby Authority from time to time to make and appoint a Common-Seal for the use of the said Corporation And it is further Enacted by the Authority aforesaid The powers of the said President and Governours of the said Corporations That it shall and may be lawful to and for the said President and Governours of the said Corporations for the time being or any two of them or to or for any person authorized and appointed by them or any two of them from time to time to apprehend or cause to be apprehended any Rogues Vagrants Sturdy Beggars or Idle or disorderly persons within the said Cities and Liberties Places Divisions and Precincts and to cause them to be kept and set to work in the several and respective Corporations or Work-houses and it shall and may be lawful for the major part of the Iustices of Peace in their Quarter-Sessions to signify unto his Majesties Privy Council the names of such Rogues Vagabonds Idle and Disorderly persons and Sturdy Beggars as they shall think fit to be Transported to the English Plantations and upon the approbation of his Majesties Privy Council to the said Iustices of Peace signified which persons shall be Transported it shall and may be lawful for any two or more of the Iustices of the Peace them to Transport or cause to be Transported from time to time during the space of thrée years next ensuing the end of this present Session of Parliament to any of the English Plantations beyond the Seas there to be disposed in the usual way of Servants for a term not excéeding Seven years A stock for supply of the work how to be provided in London Westminster Middlesex Surrey And be it further Enacted by the Authority aforesaid That if the President and Governours of any of the said Corporations shall certify under their common Seal their want and defect either of a present stock for the Foundation of the Work or for supply thereof for the future and what sum or sums of Money they shall think fit for the same to the Common-Council of the said City of London and the Burgesses and Iustices of Peace in their Quarter-Sessions of the said City of Westminster and the Liberties thereof or the Iustices of the respective Counties of Middlesex and Surrey assembled in either Quarter-Sessions That thereupon the Common-Council of the said City of London the Burgesses of the said City of Westminster and the Iustices of Peace of the said Cities and Counties in their Quarter-Sessions assembled are hereby required from time to time to set down and ascertain such competent sum and sums of money for the purposes aforesaid not excéeding one years rate from time to time usually set upon any person for or towards the relief of the Poor and the same to proportion out upon the several Wards Precincts Counties Divisions Hundreds and Parishes as they shall think fit And thereupon the Aldermen Deputies and Common-Council-men of every Ward in the City of London and Burgesses and Iustices of the Peace of the City of Westminster and the Liberties thereof and Iustices of the Peace of the said Counties of Middlesex and Surrey shall have power and Authority and are hereby required equally and indifferently according to the proportions appointed as aforesaid for the several Wards Precincts Cities and Parishes as aforesaid to tax and rate the several Inhabitants within the said respective Wards Precincts and Parishes as well within Liberties as without with which Tax if any person or persons find him or themselves agrieved supposing the same to be unequal he or they shall and may make their complaint known to the Iustices of the Peace at the next open Sessions who shall take such final order therein as in like cases is already by the Law provided And it is further Enacted by the Authority aforesaid That it shall and may be lawful to and for any Alderman of the City of London or his Deputy or the Burgesses and Iustices of Peace of the City of Westminster and the Liberties thereof or any two or more of them or any two Iustices of Peace of the respective Counties of Middlesex and Surrey by their Warrant under their Hands and Seals to authorize the Church-wardens or Overséers for the Poor within the places and Parishes aforesaid to demand gather and receive of every person and persons such sum and sums of money as shall be Assessed upon them by vertue of the Taxations and Contributions aforesaid And for default of payment within ten dayes after demand thereof made or notice in writing left at the dwelling-house or lodging of every person so Assessed to levy the same by distress and sale of the goods of every such person and after satisfaction made to restore the surplusage to the party so distrained Stocks formerly in London for relief of the poor how to be paid And be it Enacted by the Authority aforesaid That all Stocks raised for the relief and imployment of the Poor in the City of London and Liberties thereof which was in the hands of a Corporation heretofore appointed in the said City for that service or in the hands of any other person or persons whatsoever before the Nine and twentieth day of September which was in the year of our Lord One thousand six hundred and sixty commonly called the Feast of St. Michael the Archangel or at any time since together with all the Arrears of money formerly alloted for that Service or Legacies given to the same end shall be payable to the Treasurer of the Corporation or Corporations
Work-house or Work-houses to be established by this present Act who are hereby authorized and impowred by themselves or their Officers thereunto by them deputed to collect gather receive and recover the said money and Legacies which shall be due and in arrear as aforesaid with which said Arrears and every part and parcel thereof the Corporation or Corporations aforesaid by this Act made constituted and established is and shall be hereby invested and interessed for the execution of the service hereby enjoyned them and all those that have had or now have any of the said Stocks in their or any of their hands shall be accountable to the said Treasurer or to those that shall be appointed by the said Corporation or Corporations or any seven or more of them to take the said account Provided always And be it Enacted by the Authority aforesaid That there shall be a full allowance of all just and necessary expences which have béen laid out by the said former Corporation for the relief of the said poor and the carrying on of the said Service since the time before expressed Power to make Orders and By-laws And it is further Enacted by the Authority aforesaid That the respective President and Governours or any Seven of them shall have power from time to time to make and constitute Orders and By-Laws for the better relieving regulating and setting the poor to work and the apprehending and punishing of Rogues Vagabonds and Beggers within the Cities Liberties and places aforesaid that have not wherewith to maintain themselves and for other the matters aforesaid Provided the said Orders and By-Laws shall from time to time be presented to the Iustices of Peace in their Quarter-Sessions assembled to be allowed by the major part of them and confirmed by order of the said Court And it is further Enacted by the Authority aforesaid Power to choose and entertain officers That the President and Governours of any of the said Corporation or Corporations Work-house or Work-houses or any fourtéen or more of them being assembled together shall have hereby power to choose and entertain all such Officers and other as shall be néedful to be imployed in and about the premisses and them or any of them from time to time to remove as they shall see cause and upon the death or removal of them or any of them to choose others in their places for the carrying on of the work and to make and give such reasonable allowances unto them or any of them out of the Stock and Revenue belonging to the said Corporation or Work-house as they shall think fit And it is further Enacted by the Authority aforesaid That all Sheriffs Bailiffs Constables All Sheriffs c. to be assisting the said Corporation their officers and all other Officers and Ministers of Iustice shall be aiding and assisting to the said Corporation or Corporations and to all such Officers as shall be imployed by them or any of them in the execution or performance of the said Service And whereas the Laws and Statutes for the apprehending of Rogues and Vagabonds have not béen duly executed sometimes for want of Officers by reason Lords of Mannors do not kéep Court Léets every year for the making of them Constables how made in default of holding Court-Leets Be it therefore Enacted by the Authority aforesaid That in case any Constable Headborough or Tithingmen shall dye or go out of the Parish any two Iustices of the Peace may make and swear a new Constable Headborough or Tithingman untill the said Lord shall hold a Court or untill next Quarter-Sessions who shall approve of the said Officers so made and sworn as aforesaid or appoint others as they shall think fit And if any Officer shall continue above a year in his or their Office That then in such case the Iustices of Peace in their Quarter-Sessions may discharge such Officers and may put another fit person in his or their place untill the Lord of the said Mannor shall hold a Court as aforesaid And whereas for want of some encouragement to such person or persons as shall apprehend Rogues Vagabonds and sturdy Beggars 39 El. cap. 17. 1 Jac. cap. 7. Apprehending Rogues and Vagabonds the Statutes made in the Nine and thirtieth year of Quéen Elizabeth and first year of King James in which Statutes the Constable Headborough or Tithingman of every Parish that shall not apprehend such Rogues Vagabonds and Sturdy Beggars which shall pass through or be found in their said Parish unapprehended such Constable Headborough or Tithingman shall forfeit as in the said Statutes is expressed are not duly executed Be it therefore Enacted by the Authority aforesaid How rewarded That it shall and may be lawful to and for any Iustice of the Peace to whom any Rogue Vagabond or Sturdy Beggars so apprehended shall be brought to reward any person or persons that shall apprehend any Rogue Vagabond or Sturdy Beggar by granting unto such person or persons an Order or Warrant under his hand and Seal to the Constable Headborough or Tithingman of such Parish where such Rogue Vagabond or sturdy Beggar passed through unapprehended requiring him to pay such person or persons the sum of two shillings for every Rogue Vagabond or sturdy Beggar which shall be so apprehended And if such Constable Headborough or Tithingmen refuse or neglect to pay the two shillings as aforesaid that then the said Iustices of Peace or any other Iustice or Iustices of Peace shall procéed against any such Constable Headborough or Tithingman according to the said Statutes and to compel him to pay such sum of money as he hath forfeited by the Statute of the first year of King James aforesaid and to allow out of the said Forfeiture the said two shillings and such reasonable means and allowance for loss of time as they shall think fit And if any person or persons shall apprehend any Rogue Vagabond or sturdy Beggar Rogues and Vagabonds apprehended at the contines of any county how to be dealt withal at the confines of any County which passed through any Parish of another County unapprehended it shall be lawful for such person or persons to go to some Iustice of Peace of that County through which such Rogue Vagabond or sturdy Beggar passed unapprehended who is hereby required upon a Certificate under the hand of some Iustice of Peace of the County where such Rogue Vagabond or sturdy Beggar was so apprehended to grant his Order or Warrant under his hand and Seal requiring the said Constable Headborough or Tithingman to pay unto such person or persons as aforesaid the sum of two shillings which if he shall refuse or neglect to do then such Iustice is hereby required to procéed against such Constable Headborough or Tithingman and to cause him to pay ten shillings or so much thereof for his expenses and loss of time as the said Iustice of Peace shall think fit to such person
or persons which he hath forfeited by the Statute aforesaid made in the nine and thirtieth year of the Quéen And whereas Constables Headboroughs or Tithingmen are or may be at great charge in relieving conveying with Passes and in carrying Rogues Vagabonds and sturdy Beggars to Houses of Correction or the Work-houses herein mentioned and as yet have no power by Law to make Rates to reimburse themselves Be it therefore Enacted by the Authority aforesaid That all Constables Headboroughs and Tithingmen so out of purse as aforesaid together with the Church-wardens and Overséers of the poor and other Inhabitants of the said Parish shall hereby have power and Authority to make an indifferent Rate Power to make rates and to tax all the Occupiers of Lands and Inhabitants and all other persons chargeable by the Statute of the thrée and fortieth of Elizabeth concerning the Office and Duty of Overséers for the poor within the said Parish which Rate being confirmed under the hands and Seals of any two Iustices of Peace 43 El. cap. 2. as aforesaid the said Constable Headborough or Tithingmen shall have power by Warrant under the hands and Seals of two Iustices of Peace to levy by distress and sale of the goods of any person or persons refusing to pay the same rendring the overplus to the Owner if any shall be Putative fathers of Bastard-children running away how to be proceeded against And whereas the putative Fathers and lewd Mothers of Bastard-Children run away out of the Parish and somtimes out of the County and leave the said Bastard children upon the charge of the Parish where they are born although such putative Father and Mother have Estates sufficient to discharge such Parish Be it therefore Enacted by the Authority aforesaid That it shall and may be lawful for the Church-wardens and Overséers for the poor of such Parish where any Bastard-Child shall be born to take and seise so much of the Goods and Chattels and to receive so much of the Annual Rents or profits of the Lands of such putative father or lewd mother as shall be ordered by any two Iustices of Peace as aforesaid for or towards the discharge of the Parish to be confirmed at the Sessions for the bringing up and providing for such Bastard-Child And thereupon it shall be lawful for the Sessions to make an Order for the Church-wardens or Overséers for the poor of such Parish to dispose of the goods by Sale or otherwise or so much of them for the purposes aforesaid as the Court shall think fit and to receive the rents and profits or so much of them as shall be ordered by the Sessions as aforesaid of his or her Lands Persons sued for matters in this Act may plead the General Issue And if any person or persons shall be sued for any matter or thing which he shall do in execution of this Act he may plead the General Issue and give the special matter in Evidence And if the Verdict shall pass for the Defendant or if the Plaintiff be Nonsuited or Discontinue his Suit the Defendant shall recover treble Damages Lancashire Cheshire Derbyshire Yorkshire Durham Cumberland Westmerland 43 El. cap. 2. Whereas the Inhabitants of the Counties of Lancashire Cheshire Derbyshire Yorkshire Northumberland the Bishoprick of Durham Cumberland and Westmerland and many other Counties in England and Wales by reason of the largeness of the Parishes within the same have not nor cannot reap the benefit of the Act of Parliament made in the thrée and fortieth year of the Reign of the late Quéen Elizabeth for relief of the poor Therefore be it Enacted by the Authority aforesaid That all and every the poor néedy impotent and lame person and persons within every Township or Village within the several Counties aforesaid shall from and after the passing of this Act be maintained kept provided for and set on work within the several and respective Township and Village wherein he she or they shall inhabit or wherein he she or they was or were last lawfully setled according to the intent and meaning of this Act and that there shall be yearly chosen and appointed according to the rules and directions in the said Act of the thrée and fortieth year of Quéen Elizabeth mentioned two or more Overséers of the poor within every of the said Townships or Villages who shall from time to time do perform and execute all and every the Acts powers and authorities for the necessary relief of the poor within the said Township or Village and shall lose forfeit and suffer all such pains and penalties for non-performance thereof as is limited mentioned and appointed in and by the said in-part-recited Act. And be it further Enacted by the Authority aforesaid That the Iustices of Peace within the said Counties shall have and enjoy such and the like powers and authorities to raise and levy moneys and to do and execute all and every such other Act and thing whatsoever within every Township or Village within the said County where they are Iustices as is given limited and appointed unto and for them to do and execute within any Parish or Parishes in and by the said Act made in the said thrée and fortieth year of the said late Quéen Elizabeth under such and the like pains and penalties for the non-performance of their Duties to be levyed and disposed of as is nominated and expressed in the said Act. Power of the Iustices to transport rogues and vagabonds Provided alwayes and be it Enacted by the Authority aforesaid That it shall and may be lawfull for the Iustices of Peace in any of the Counties of England and Wales in their Quarter-Sessions Assembled or the major part of them to Transport or cause to be Transported such Rogues Vagabonds and sturdy Beggars as shall be duly convicted and adjudged to be incorrigible to any of the English plantations beyond the Seas Proviso for the Dean and chapter of Westminster Provided also That neither this Act nor any thing therein contained shall extend to be or be construed expounded or taken to the prejudice or infringement of any the franchises rights liberties or priviledges heretofore granted by the Kings and Quéens of this Realm his Majesties Royal Predecessors to the Dean and Chapter of the Collegiate Church of St. Peter in Westminster The continuance of divers parts of this Act. Provided always That this Act as to all the matters therein contained excepting what relates unto the Corporations mentioned and constituted thereby shall extend and be in force untill the nine and twentieth day of May One thousand six hundred sixty five and the end of the first Session of the next Parliament then next ensuing and no longer CAP. XIII Importation of Forreign Bonelace Cut-work Imbroidery Fringe Band-strings Buttons and Needle-work prohibited VVHereas great numbers of the Inhabitants of this Kingdom are imployed in the making of Bonelace Band-strings Buttons Néedlework Fringe and Imbroideries who
by their industry and labour have attained and gained so great skill and dexterity in the making thereof that they make as good of all sorts thereof as is made in any Forreign parts by reason whereof they have béen heretofore able to relieve their poor Neighbours and maintained their Families and also enabled to set on work many poor children and other persons who have very small means or maintenance of living other then by their labours and endeavours in the said Art And whereas the persons so imployed in the said Mystery have heretofore served most parts of this Kingdom with Bonelace Band-strings Buttons Néedlework and Imbroidery And for the carrying on and managing of the said Trade they have procured great quantities of Thread and Silk to be brought into the Kingdom from Foreign parts whereby his Majesties Customs and Revenues have béen much advanced until of late that great quantities of Foreign Bonelace Band-strings Néedlework Cut-work Fringe Silk Bonelace Buttons and Imbroidery were brought into this Kingdom by Foreigners and Inhabitants of this Kingdom and sold to Shop-kéepers and others Dealers in the said Commodity as well by Whole-sale as Retail without ever entring of the same in any of his Majesties Custom-houses or paying any Duty or Custom for the same by means whereof the said Trade and calling is of late very much decayed those imployed in the said Calling very much impoverished the Manufacture much decreased and great quantities thereof already made left on their hands that make it His Majesty defrauded and deceived in his Customs and many thousand poor people formerly kept on work in the said Art like to perish for want of imployment there being daily great sums of money exported out of this Kingdom for the buying and fetching in of the said Commodity to the great impoverishment of the Nation by the Consumption of the Bullion and Treasure thereof and contrary to several Statutes made in the first of King Richard the Third 1 R. 3. cap. 12. 3 E. 4. cap. 4. 19 H. 7. cap. 21 5 Eliz. cap. 7. in the third of King Edward the fourth in the ninetéenth of King Henry the Seventh and the fifth of Quéen Elizabeth and to a late Proclamation made by his Majesty that now is dated the twentieth day of November last for the putting the said Laws in execution For redress whereof and prevention of the like mischiefs for the future and the better relief comfort and subsistence of those imployed in the said Art and Manufacture And for the quickning reviving explaining amending and more effectual execution of the said Statutes Be it Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled and by Authority of the same That no person or persons whatsoever shall from and after the Twenty fourth day of June One thousand six hundred sixty two sell or cause to be sold or offer to sale within the Kingdom of England or Dominion of Wales or export any Foreign Bonelace Cut-work Foreign bone-lace cut-work imbroidery fringe band-strings prohibited to be sold or imported from beyond Sea Imbroidery Fringe Band-strings Buttons or Néedlework made of Thread Silk or any or either of them in parts beyond the Seas or Import bring in send or convey or cause to be brought in sent or conveyed into the Kingdom of England or Dominion of Wales any such Foreign Bonelace Cut-work Fringe Imbroidery Band-strings Buttons or Néedlework made of Thread Silk or any or either of them beyond the Seas after the first day of May which shall be in the said year of our Lord One thousand six hundred sixty and two upon pain that all and every person or persons who shall sell or cause to be sold or offer to sale any such Foreign Bonelace Cut-work Imbroidery Fringe Band-strings Buttons or Néedlework shall forfeit and lose for every offence by him committed contrary to this Act the sum of Fifty pounds and the whole Bonelace Cut-work Imbroidery Fringe Band-strings Buttons or Néedlework so sold or caused to be sold or offered to sale And upon further pain That all and every person or persons who shall Import bring in send or convey or cause to be brought in sent or conveyed into this Kingdom of England or Dominion of Wales any such Bonelace Cut-work The penalty Imbroidery Fringe Band-strings Buttons or Néedlework shall forfeit and lose for every offence by him committed contrary to this Act the sum of One hundred pounds and the whole Bonelace Cut-work Imbroidery Fringe Band-strings Buttons or Néedle-work so Imported brought in sent or conveyed or caused to be Imported brought in sent or conveyed contrary to the form and effect of this present Act as aforesaid One moyety to the King the other to the prosecutor The Moyeties of all which Forfeitures to be to the use of our Sovereign Lord the Kings Majesty his Heirs and Successors and the other Moyety to him or them that shall sue for the same in any of the Kings Courts of Record by Bill Plaint Action of Debt Information or otherwise wherein no Essoign Protection or Wager of Law shall be allowed at every time and as often as any person shall be found to offend in selling importing conveying or bringing in as aforesaid Every Iustice of Peace may grant Warrants to search for Manufactures prohibited by this Act And be it further Enacted by the Authority aforesaid That for the preventing of the Importing of the said Manufactures as aforesaid upon complaint and Information given to the Iustices of the Peace or any or either of them within their respective Counties Cities and Towns Corporate at times reasonable he or they are hereby authorized and required to issue forth his or their Warrants to the Constables of their respective Counties Cities and Towns Corporate to enter and search for such Manufactures in the Shops being open or Ware-houses and dwelling-houses of such person or persons as shall be suspected to have any such Foreign Bonelaces Imbroidery Cut-work Fringe Band-strings Buttons or Néedlework within their respective Counties Cities and Towns-Corporate and to seize the same any Act Statute or Ordinance to the contrary thereof in any wise notwithstanding The time limited for actions upon this Act. Provided always and be it hereby Enacted and Declared That all Informations Actions and Suits that shall be commenced for any offence committed against this Law shall be brought and commenced within twelve Moneths after the discovery of such offence Any former Act or Law to the contrary notwithstanding CAP. XIV Direction for Prosecution of such as are Accountable for Prize-Goods 12 Car. 2. c. 11 VVHereas in the Act of Frée and General Pardon Indempnity and Oblivion made in the Twelfth Year of your Majesties Reign and since confirmed by another Act Intituled An Act for confirming Publick Acts 13 Car. 2. c. 7. made in the thirtéenth year of your
or seised by any person or persons Bodies Politick or Corporate and not having accounted for the same to any Authority or pretended Authority Vsurping the Government of this Nation and not pardoned by the Act of Oblivion That all such person or persons Bodies Politick or Corporate shall account and pay the same to his Royal Highness James Duke of York your Majesties onely Brother Lord High Admiral of England or Lord Warden of the Cinque Ports upon suit for the same in the High Court of Admiralty Any thing in this Act the absence of the Lord High Admiral during these late troubles or the persons not having béen imployed or authorized by the said Lord High Admiral to the contrary in any wise notwithstanding Provided alwayes and be it Enacted by the Authority aforesaid How in defect of Iurisdiction in the Admiralty suit may be in the Exchequer That in case of defect of Iurisdiction in the Court of Admiralty for the recovering and levying of any such Prizes Goods matters and things aforesaid That then in such case upon Certificate thereof from the said Court of Admiralty made into his Majesties Court of Exchequer spéedy procéedings shall be had in the said Court of Exchequer for the recovering and levying of the Prizes Goods matters and things aforesaid according to Law and Iustice CAP. XV. The Trade of Silk-throwing regulated VVHereas the Company of Silk-throwers within the City of London and Liberties The Silk-throwers of London incorporated by Patent 5 Car. 1. and all their Servants and Apprentices within four Miles thereof were quinto Caroli primi Incorporated and made one Body Politick and are known by the name of the Master Wardens Assistants and Commonalty of the Trade Art or Mystery of Silk-throwers of the City of London And whereas the said Trade is of singular use and very advantagious to this Commonwealth by imploying the poor there being imployed by the said Company in and about the City of London as is expressed in their Petition above forty thousand men women and children who otherwise would unavoidably be burthensome to the places of their aboad And whereas the present Governours of the said Company by their Petition pray an enlargement of their Charter whereby they may be the better enabled to avoid the many deceits and inconveniencies they daily méet withal by Intruders who have not béen brought up Apprentices to the said Trade and others who settle themselves beyond the limits of their said Charter on purpose to avoid the Searchers and Supervision of the said Governours by which means they are at liberty to make and vend what Wares they please to the disparagement of the said Trade and discouraging of the Petitioners and all others of the said Trade that have duly served Apprentice thereunto according to the known Laws of this Nation For remedy whereof Be it Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by Authority of the same None shall use the trade of a silk-thrower but such as have served as apprentices seven years That from and after the twenty fifth day of December which shall be in the year of our Lord One thousand six hundred sixty and two no person or persons whatsoever shall directly or indirectly use exercise continue or set up the said Trade Art of Mystery of a Silk-thrower within this Realm of England unless such as are or shall be Apprentices to the said Trade or shall have served seven years Apprentiship thereunto at the least upon pain that every person so offending contrary to this Act shall pay The penalty forfeit and lose the sum of forty shillings for every moneth the said person shall use or exercise the said Trade the one moyety thereof to the use of his said Majesty his Heirs and Successors and the other moyety thereof to such person or persons as shall sue for the same in any of the Courts of Record within this Realm of England Before whom to be recovered or before any the Iustices of Oyer and Terminer or the Iustices of the Peace at their Quarter-Sessions of the Peace by Action of Debt Bill Plaint or Information or by any other lawful ways or means whatsoever wherein no Protection Wager of Law or Essoign shall be allowed And for the better enabling of the said Master Wardens Assistants and Commonalty of Silk-throwers and their Successors in their Government Be it further Enacted by the Authority aforesaid That all and every person and persons whatsoever now using or exercising as Masters the said Art Every person using the trade in London and Westminster shall enter himself of the said corporation And be subject to the laws orders thereof The penalty Trade or Mystery or such as have served as Apprentices to the said Trade by the space of seven years at the least within the said Cities of London and Westminster and the several Suburbs thereof or within twenty miles compass of them or either of them shall before the twenty fifth day of December which shall be in the year of our Lord one thousand six hundred sixty and two be admitted and are hereby enjoyned to enter themselves into the said Society or Corporation and to perform and be subject and obedient to all such Statutes Laws Orders Ordinances and Constitutions as are or shall be made or ordained for or concerning the Exercise Regulation or Government of the said Art Trade or Mystery or of any person or persons using or exercising the same upon pain of forfeiture of the sum of forty shillings for every moneth he or they shall use or exercise the said Trade after the said twenty fifth day of December One thousand six hundred sixty and two the one moyety thereof to the use of his said Majesty his Heirs and Successors and the other moyety thereof to such person and persons as shall sue for the same in any the Courts of Record within this Realm of England or before any the Iustices of Oyer and Terminer or the Iustices of Peace at their Quarter-Sessions of the Peace by Action of Debt Bill Plaint or Information or by any other lawful wayes or means whatsoever wherein no Protection Wager of Law or Essoin shall be allowed Provided That such Laws Orders Ordinances and Constitutions so made or which shall be made be not contrary but agréeable with the Laws and Statutes of this said Realm and the Customs of the said City of London The power of the masters wardens and assistants And be it further Enacted by the Authority aforesaid That the said Masters Wardens Assistants and Commonalty and their Successors shall and may have and enjoy and that it shall and may be lawful to and for them from time to time and at all times hereafter to do perform and execute within the said Cities of London and Westminster and the several Suburbs thereof
and by Authority thereof that from and after the Feast of St. Michael the Arch-angel which shall be in the year of our Lord One thousand six hundred sixty and two for and during the term of Five years next ensuing the date of this present Act it shall and may be lawful for the respective Iustices of Peace of the said respective Counties or the major part of them at any General Sessions of the Peace to be holden for the said Counties respectively on the behalf of the said Counties or either of them from time to time as they shall sée occasion to make an Order in open Court of Sessions for charging according to their several Proportions all and every the several Inhabitants of the said respective Counties for the safeguard and securing of the said severall Counties and Inhabitants thereof from all injury violence spoil and rapine of the Moss-Troopers aforesaid Provided That the said County of Northumberland be not by force of this Act at any time charged above the sum of Five hundred pounds in the year nor the said County of Cumberland charged above the sum of two hundred pounds in the year And for this end and purpose the said several Iustices of Peace of the respective Counties aforesaid are hereby impowred and authorized at any their General Quarter Sessions aforesaid to appoint and imploy from time to time if occasion require any person or persons to have the Conduct and Command of a certain number of men not excéeding the number of Thirty men in the County of Northumberland and Twelve in the County of Cumberland whereby the Malefactors aforesaid may be searched out discovered pursued apprehended and brought to tryal of the Law And all and every the said Iustices of Peace of the respective Counties aforesaid or the major part of them at any General Sessions of the Peace to be holden for the said Counties or either of them respectively are hereby further impowred and authorized by force of this present Act to make and issue forth their respective Warrants under their hands for the levying and collecting any sum or sums of money ordered to be paid for and towards the safeguard and securing of the said Counties respectively as aforesaid and to give full power to the several Constables and other Officers to raise levy and collect the said money and all and every the Inhabitants of the said several Counties according to their respective proportionable Estates in Lands or Goods by Distress and Sale of Goods rendering the overplus if there be any to the respective Owner or Owners And the said Iustices of Peace in the said several Counties or any one of them respectively are hereby also authorized to examine any Complaint made against the Collectors and Constables or any other Officers or Ministers of Iustice whatsoever or any of them or any other refractory person or persons whatsoever that at any time hereafter shall refuse neglect or fail to give obedience to this Act or shall do any act or acts in disturbance or obstruction thereof and to bind over such person or persons to the next Quarter Sessions according to the known Laws of the Land to the end such person or persons may be procéeded withall according to Iustice And the said respective Iustices of Peace as aforesaid are hereby further Impowred and Authorized on behalf of the said several Counties respectively to appoint a Treasurer to receive from the said Collectors the Moneys by them Collected and to pay over the same according to the Orders they shall receive from the said Iustices at the General Sessions of the Peace to be holden for the said respective Counties And the said Iustices are also Impowred to agrée and article with such person or persons yearly as they shall think fit to imploy in the said Service and to take sufficient Security of them for the faithful and most effectual performance thereof for the best safeguard advantage and benefit of the people according to the true intent and meaning of this Act. And in case any person or persons shall in pursuance of this Act be imployed in the Border-Service and shall at any time hereafter wilfully and corruptly or for any sinister respect whatsoever neglect or forbear to Discover or Apprehend or to bring to Tryal any of the said persons called Moss-Troopers as aforesaid and shall be convicted thereof according to Law he or they shall from thenceforth be disabled and made uncapable for ever after to manage or take upon him or them the said Imployment and to suffer such Fine and Imprisonment according to the quality of his or their offence as the Iustices of Peace at their General Sessions shall think fit to inflict Provided nevertheless and be it hereby Declared That it shall be lawful for the Iustices of Peace of either of the said Counties as aforesaid respectively at any time hereafter to moderate or lessen the said charge if they sée cause Provided that this Act shall continue and be in force for five years and no longer Provided always and be it further Enacted by Authority aforesaid That for better suppression and punishment of the said Moss-Troopers flying out of England into Scotland or out of Scotland into England 4 Jac. cap. 1. 7 Jac. cap. 1. the Statutes made in the several Sessions of Parliament in the Fourth and Seventh years of King James shall be revived and put in execution according to their true intent 18 Car. 2. cap. 3. Continued for Seven years from the expiration of this Act. CAP. XXIII An Additionall Act concerning matter of Assurance used amongst Merchants WHereas by an Act of Parliament made in the Thrée and fortieth year of the Reign of Quéen Elizabeth of happy memory 43 El. cap. 12. Entituled An Act concerning matters of Assurances used amongst Merchants Encouragement of Merchants and Trade The Parliament then taking into Consideration by all good means to comfort and encourage the Merchants of this Kingdome thereby to advance and increase the Wealth of this Realm her Majesties Customs and the strength of shipping and for preventing of divers mischiefs in the said Act mentioned It was Enacted That it should and might be lawful for the Lord Chancellor or Lord Kéeper of the Great Seal of England for the time being to award forth under the Great Seal of England one general or standing Commission to be renewed yearly at the least and otherwise so often as unto the Lord Chancellor or Lord Kéeper should séem méet for the hearing and determining of Causes arising on Policies of Assurance such as then were or then after should be entred within the Office of Assurance of the City of London which Commissions should be directed to the Iudge of the Admiralty for the time being the Recorder of London for the time being Two Doctors of the Civil Law Two Common Lawyers and eight grave or discréet Merchants or any five of them which Commissioners or the greater part of them which
it was further Enacted That no Groats or Half-groats shall be moulten by any man to make Vessel or other thing thereof upon the same pain And whereas divers persons do elude the said Statutes as well Goldsmiths as others by melting Silver-Coyns of this Realm above the value of Groats to the great diminishing of the Silver-Coyn of this Realm and the hindrance of the Commerce of the same Be it therefore Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by Authority of the same That no person or persons whatsoever shall after the Twentieth day of December One thousand six hundred sixty two None shall melt currant Silver Money The Penalty wilfully melt or cause to be melted any of the currant Silver-money of this Realm upon pain not only of forfeiture of the same but also of the double value of any such Coyn so melted the one half to his Majesty his Heirs and Successors the other half to the Informers who shall sue for the same upon Action of Debt Bill Plaint or Information in any of His Majesties Courts at Westminster in which no Essoign Wager of Law or Protection shall be allowed And moreover That the said person or persons offending contrary to the Tenor of this Act if he or they be a Fréeman or Fréemen or priviledged person or persons of any City or Corporation within this Kingdom of England shall upon legal conviction for the same be forthwith disfranchised and made uncapable of exercising the Trade of a Goldsmith or any other Mystery by vertue of the Priviledges of the City or Corporation of which he or they are members And if the said person or persons offending and convict as aforesaid shall not be a Fréeman or Fréemen or priviledged person or persons of any City or Corporation as aforesaid then he or they shall suffer imprisonment without Bail or Mainprize for the space of Six moneths next ensuing his or their Conviction as aforesaid CAP. XXXII The Manufacture of Broad Woollen Cloth within the West-Riding of the County of York Regulated WHereas divers abuses and deceits have of late years béen had and used in the Manufacture of Broad Woollen Cloth made within the West-Riding of the County of York and the spinning and deceitful working thereof which tends to the great debasing and undervaluation of the said Manufacture both at home and also in Forreign parts where the same is usually vended For prevention of all which abuses and deceipts It is Enacted by the Kings most Excellent Majesty by the Advice and Consent of the Lords Spiritual and Temporal and Commons Assembled in Parliament That from and after the next Monday after Easter which shall be in the year of our Lord God One thousand six hundred sixty and two there be and shall be a Corporation to continue for ever within the said West-Riding of the County of York consisting of all the Iustices of the Peace of the said West-Riding for the time being A Corporation of Clothiers in the West-Riding of Yorkshire Two Masters Ten Wardens Twelve Assistants and Commonalty All which said Masters Wardens and Assistants are to be of the ablest and best experienced Clothiers within the said West-Riding and such as have served and béen brought up in the Trade and Mystery of Clothing by the space of seven years according to the Laws and Statutes of this Realm One of which said Masters Five of which said Wardens and Six of which said Assistants shall be chosen the first Monday after Pentecost then next following and from thenceforth to be yearly and every year chosen upon the next Monday after Pentecost at some publique place by the Frée Clothiers of the said West-Riding inhabiting within the Parish of Leeds in the said County of York the greater part of them present at such Election and the other Master Five Wardens and Six Assistants shall be chosen upon the same days at some publique place by the Frée Clothiers inhabiting out of the said Town and Parish of Leeds or the greater part of them present at the said Election of the parts adjacent within the said West-Riding And in case any of the said Masters Wardens and Assistants after their said respective Elections do happen to die that then it shall and may be lawful at any Court to be holden next after such Decease to Elect others in their respective places And the said Wardens Masters and Assistants respectively shall within eight days after their first Choice and Election take the Oaths of Allegiance and Supremacy which any two Iustices of the Peace within the West-Riding whereof one to be of the Quorum have hereby power to Administer and also the ensuing Oath Viz. I A. B. do swear The Oath to be taken by the Master Wardens and Assistants That I will well faithfully and honestly perform and discharge the Office of a Master of the Corporation of the Free Clothiers according to the best of my Skill Power and Knowledge So help me God And the like Oath and Oaths to be Administred to the Wardens and Assistants respectively mutatis mutandis And for ever after the said Iustices of the Peace Masters Wardens and Assistants and their Successors or any Thirtéen of them shall and have hereby power to Administer the like Oath or Oaths to such Officer or Officers faithfully and honestly to perform and discharge his and their said Office and Offices to which he or they are and shall be so chosen by this Act at any Court to be by them holden in manner hereafter declared And it is further Enacted by the Authority aforesaid That the said Iustices of the Peace Who shall be of the said Corporation for ever and how called Masters Wardens and Assistants for the time being together with the said Frée Clothiers of the said West-Riding shall for ever hereafter in name and in fact be one Body Politique and Corporate in Law to all intents and purposes and shall have a perpetual Succession and be called by the name of the Supervisors Masters Wardens Assistants and Commonalty of the Trade or Mysterie of Clothiers for the well making of Broad Woollen Cloth within the West-Riding of the County of York and that they shall be enabled to Plead and Sue and to be Sued and Impleaded by that name in all Courts and Places of Iudicature within this Kingdom And by that name shall and may without Licence in Mortmain purchase take or receive any Lands Tenements or Hereditameats of the Gift Alienation or Demise of any person or persons who are hereby without further Licence enabled to transfer the same and any Goods and Chattels whatsoever for the use and benefit of the Corporation aforesaid not excéeding the yearly value of Two hundred pounds And for the better Regulation of the said Goverment of the said Trade and Manufacture the said Iustices of the Peace Masters
Wardens and Assistants for the time being or any Thirtéen of them whereof there shall be One of the said Iustices or One of the said Masters at the least alwayes present shall have Times and places of their meeting and hereby have Power and Authority from time to time to méet and kéep Court upon the first Saturday in every moneth in every year for the ends in this Act mentioned within the said Town of Leeds at the place commonly called or known by the name of the Sessions-House or Common Hall in Leeds aforesaid And also at such other time and place of the said West-Riding as shall from time to time be appointed by the said Iustices Masters Wardens and Assistants or any Thirtéen of them upon eight days notice or warning to be given of such méeting and Court to be held And in case that the Masters Wardens and Assistants or the major part of them shall refuse or neglect to appear so as a Court cannot be holden accordingly as is before directed That then such Master Warden or Assistant so refusing or neglecting shall forfeit the sum of Twenty shillings the one moyetie to the use of the Poor of such respective Town where the person so refusing or neglecting shall live the other moyetie to the use of the Corporation And the said Iustices Masters Wardens and Assistants or any Thirtéen of them are hereby impowered to summon to appear at the said Courts to be held as aforesaid so many of the said Clothiers as they shall in their discretions think méet for the better ordering the Affairs of the said Trade who are hereby required to appear upon such Summons the number of which Persons so Summoned shall not be under Eight and forty And in case of neglect or refusal are to forfeit to the use of the said Corporation the sum of Ten Groats for every default of not appearing to be levied as is hereafter directed And the said Iustices Masters Wardens and Assistants or any Thirtéen of them whereof One of the said Iustices or One of the said Masters to be present as aforesaid shall have Power to appoint a Comon Seal and to make orders and By-laws and hereby have Power and Authority from time to time to make and appoint a Common Seal for the use of the said Corporation and to Make and Ordain By-laws Rules and Ordinances for and concerning the better Spinning Working Making Fulling and Milling of Wollen Cloth as in their Iudgements and Discretions may tend to the good Credit and Advancement of the said Trade and Manufacture the same not being contrary to Law which By-laws Rules and Ordinances being Ratified and Confirmed by the Iustices of Assize to be holden for the County of York shall be Published Four times in the year at the least at Four publique méetings or Courts viz Vpon the first Saturday in June the first Saturday in September the first Saturday in December and the first Saturday in March and shall be obeyed and kept by the several persons within and under the said Regulation or Corporation Penalty for not Conforming to By-laws And the said Courts constituted as aforesaid shall have and hereby have power to impose a Fine and Penalty upon any person or persons of the said Corporation or Regulation being a Clothier that shall not conform to such Rules Orders and Ordinances so made as aforesaid Prouided That the said Fine or Penalty of any person for not conforming as aforesaid excéed not the sum of Twenty shillings for one offence the full moyety or one half of the said Fines and Penalties to go to the use of the said Corporation and the other half or moyetie to the use of the Poor of the Parish where such person so offending may be dwelling and inhabiting And be it further Enacted by the Authority aforesaid That the said Iustices Masters Power to appoint searchers of Cloth Wardens and Assistants or any thirtéen of them shall have power to nominate and choose Searchers of Cloth in the several places of the said West-Riding who shall be sworn before them or any thirtéen of them in manner aforesaid for the true searching of Cloth that it be of a due weight length and breadth according to the Statute And in regard the nature of Cloth is much changed in these late years and that the new Drapery is now most in use for which sort of Cloth there is no certain Standard for length weight The new Drapery most in use and breadth appointed by any Statute Be it therefore Enacted by the Authority aforesaid That the length weight and breadth of the said new Draperies of broad Woollen Cloth made within the said West-Riding be and shall be as is hereby limited and appointed viz That every Cloth called by the name of an End or half Cloth shall be betwixt fiftéen yards and eightéen yards in length in the water and not to excéed and one yard and an half in breadth at the least within the Lists And every Cloth Commonly called a Short Cloth betwéen twenty four yards and twenty eight yards in length in the water and not to excéed and one yard and an half in breadth at the least within the Lists And every Long Cloth so called betwixt thirty yards and thirty six yards in length in the water not to excéed a yard and an half in breadth at the least within the Lists And that every yard of such Cloth shall weigh respectively two pounds and a quarter accounting sixtéen Ounces to the pound being well thicked scoured misled and fully dryed And that the said Searcher shall according to his Oath duly try and examine by weight or by water all broad Woollen Cloths of what sort soever made within the said West-riding and shall affix thereunto a Seal of Lead expressing the true length and weight thereof And in case any of the said Cloths be found faulty upon trial and examination the said Iustices Masters Wardens and Assistants or any thirtéen of them shall have power to impose such Fine and Penalty upon the Offenders as by the Laws and Statutes of this Realm in that behalf are or ought to be imposed upon them for such defaults the one third part of all such Fines and Penalties to be disposed of to the use of such Searcher or Searchers certifying the said Default of Length Weight or Breadth and the other two parts to the Poor of the Parish where such offence shall be committed to be recovered in such manner as is limited and appointed by the Statute made in the One and twentieth Year of the late King James Ch. 18. And that all and every such Searcher and Searchers so chosen as aforesaid 21 Jac. cap. 18. shall before he or they enter upon the execution of the said Office take the Oaths of Allegiance and Supremacy and also the Oath ensuing which Oath the Iustices Masters Wardens and Assistants or any thirtéen of them as aforesaid have
power to Administer as followeth The Oath to be taken by Searchers I A. B. do swear that I shall well and truly execute the Office of Searcher of Broad Woollen Cloth within the West-Riding of the County of York according to the Laws and Statutes of this Realm and according to the best of my Skill and Knowledge So help me God And be it further Enacted That if any Searcher shall fail in the due Execution of his Office contrary to his Oath and Laws and Statutes in that case made and provided every such Searcher shall forfeit and lose for such Fault or not setting to such Seal of Lead as aforesaid Five pounds Penalty upon Searchers And that it shall and may be lawful to and for any other Searcher in the West-Riding taking with him one of the said Wardens of the said Corporation to research any of the said Clothes Any thing in any former Statute to the contrary thereof in any wise notwithstanding The Authority and power of the Searchers And it is further Enacted That it shall and may be lawful to and for all and every such Searcher and Searchers from time to time so often as occasion shall require to enter into any Shop house Ware-house or any other place in the day-time of any Clothiers Drapers Cloth-Workers or of any other person or persons whatsoever where any of the said Cloths shall be within the said West-Riding to search for all suspected Cloth And in case of resistance the party so resisting shall forfeit the sum of Ten pounds the one half thereof to His Majesty the other half to the use of the said Corporation And if upon such Search any Broad-Cloth shall be found made of or mixed with Flocks Thrums Goats hair or other deceitful Wooll the said Cloth shall be and is hereby Declared and Enacted to be forfeited And that it shall and may be lawful to and for the said Iustices Masters Wardens and Assistants or any thirteen of them at any Court to be by them held as aforesaid to dispose thereof in such manner as by the Laws and Statutes of this Realm the same ought to be disposed None may make broad Cloth but such as have served as apprentizes so Clothiers for 7. years or have been exercised in the Trade for that time The Penalty Housholders and houswifes may not make Cloth to sell not being free of the said Trade The Penalty And be it further Enacted That no person or persons within the said West-Riding who hath not served as an Apprentice to the Trade of Clothier for the space of Seven years or have not béen exercised therein by the like space of seven years before shall make any Broad-Cloth to sell under the penalty of five pounds for every Moneth that he she or they shall continue to exercise the said Trade excepting such persons only as now be in the actual use and exercise of the said Trade That one moyetie thereof to be paid to the Kings Majesty His Heirs and Successors and the other moyetie to the use of the said Corporation And that no Housholder or Houswife within the said West-Riding or elsewhere within the said County not being frée of the said Trade of Clothiers or not having béen exercised therein as aforesaid or not being the widow of any such person as aforesaid shall from the Feast of Pentecost next ensuing make or cause to be made any Woollen Cloth whatsoever unless it be to the use of themselves their Children and Families but not to sell upon pain to forfeit double the value for every Piece of Cloth so made and exposed to sale one moyetie thereof to His Majesty the other moyetie to any person who shall sue for the same in any of His Majesties Courts of Record wherein no Essoin Protection or Wager of Law shall be allowed Power to appoint a Clerk Register Treasurer and other Officers And it is further Enacted by the Authority aforesaid That the said Iustices Masters Wardens and Assistants or any thirtéen of them are hereby impowred to nominate and appoint a Clerk a Register and Treasurer and such other Officer and Officers to sée the due execution of the several Powers given by this Act as they in their Discretions shall think méet and to give them an Oath or Oaths for the due execution of their several places as aforesaid And it is further Enacted by the Authority aforesaid That all Fines How the fines and forfeitures shall be levied Forfeitures and Penalties imposed or to be levied by virtue of this Act the means and recovery whereof is not otherwise herein provided for and set forth shall be levied by distress and sale of the offender or offenders Goods and Chattels by Warrant from the said Iustices Masters Wardens and Assistants or any thirtéen of them rendring the overplus to the Owner thereof upon demand And be it further Enacted by the Authority aforesaid Counterfeiting the Seal of the Corporation That if any person or persons whatsoever shall counterfeit the Seal of the said Corporation he or they so offending shall forfeit the sum of Twenty pounds of often as such person or persons shall upon due proof be found guilty of the same which said forfeiture is to be levyed by distress and sale of the Offenders Goods The Penalty rendring the overplus to the Owner thereof upon demand and for want of such distress such person and persons to be committed to the Common Goal of the County where he or they shall be found by Warrant under the Hand and Seal of any one of the Iustices of the Peace of the said County there to remain without Bail or Mainprize for the space of six moneths or until such person or persons shall have paid the Fine as aforesaid And be it Enacted That all and every Article All clauses in any other Statute contrary to this Act concerning Clothing Repealed Clause and Sentence in any Act of Parliament heretofore made touching and concerning the said abuses of Broad Woollen Clothes in this Act mentioned and being repugnant or contrary to any Article and Sentence in this Act shall as touching the said Clothes only made within the said West-Riding from and after the Feast of St. John Baptist which shall be in the year of our Lord God One thousand six hundred sixty and two be utterly void to all intents and purposes whatsoever And in all Actions and Suits that shall be brought against any person or persons for Acting in any thing according to the true intent and meaning of this Act the person or persons so sued or molested Persons sued for executing this Act may plead the generall Issue shall or may plead the general Issue of Not guilty and give the special matter in evidence and shall recover double Costs in every such case if the Verdict pass for such person or persons or that the Plaintiff or Plaintiffs be Non-suit therein Provided always That nothing
the Twentieth day of November One thousand six hundred sixty and one but they and every of them may sell Books and Papers as they have or did before the said Twentieth day of November One thousand six hundred sixty one within the said Hall Palace and Twenty yards aforesaid but not elsewhere Any thing in this Act to the contrary in any wise notwithstanding Proviso for the rights and Priviledges of printing granted to any persons by the King Provided also That neither this Act nor any thing therein contained shall extend to prejudice the just Rights or Priviledges granted by His Majesty or any of His Royal Predecessors to any any person or persons under His Majesties Great Seal or otherwise but that such person or persons may exercise and use such Rights and Priviledges as aforesaid according to their respective Grants Any thing in this Act to the contrary notwithstanding Proviso for John Streater Stationer Provided also That neither this Act nor any thing therein contained shall extend to prohibit John Streater Stationer from printing Books and Papers but that he may still follow the Art and Mystery of Printing as if this Act had never béen made Any thing therein to the contrary notwithstanding Provided also That neither this Act nor any thing therein contained shall extend to restrain the kéeping and using of a Printing-Press in the City of York Proviso for the City of York so as all Books of Divinity there printed be first Licensed by the Archbishop of York for the time being or such person or persons whom he shall appoint and all other Books whatsoever there Printed be first Licensed by such persons respectively to whom the Licensing thereof doth or shall appertain by the Rules herein before mentioned and so as no Bibles be there printed nor any other Book whereof the Original Copy is or shall be belonging to the Company of Stationers in London or any Member thereof and so as the Archbishop or Lord Mayor of York for the time being do execute within the said City which they are hereby impowred to do all the Powers and Rules in this Act concerning Searchers for unlicensed Books and impose and levy the said penalties in the like cases Any thing in this Act to the contrary notwithstanding Provided That this Act shall continue and be in force for two years The continuance of this Act. to commence from the Tenth of June One thousand six hundred sixty and two and no longer Continued 16 Car. 2. cap. 8. Anno XV. Caroli II. Regis CAP. I. For Repairing the High-ways within the Counties of Hertford Cambridge and Huntington WHereas the ancient High-way and Post-Road leading from London to York The High-way from London to York and Scotland Hertford Cambridge Huntington and so into Scotland and likewise from London into Lincolnshire lieth for many miles in the Counties of Hertford Cambridge and Huntington in many of which places the Road by reason of the great and many Loads which are wéekly drawn in Waggons through the said places as well by reason of the great Trade of Barley and Mault that cometh to Ware and so is conveyed by water to the City of London as other Carriages both from the North parts as also from the City of Norwich Saint Edmunds-Bury and the Town of Cambridge to London is very ruinous and become almost impassible insomuch that it is become very dangerous to all His Majesties Liege people that pass that way And for that the ordinary course appointed by the Laws and Statutes of this Realm is not sufficient for the effectual repairing and amending of the same neither are the Inhabitants through which the said Road doth lie of ability to Repair the same without some other provision of moneys to be raised towards the putting the same into good and sufficient Repair For remedy whereof and to the intent the said High-ways at or in the Counties aforesaid may be forthwith effectually repaired and amended and from time to time hereafter kept in good repair May it please your Majesty that it may be Enacted And be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same That for the Surveying Ordering Repairing and kéeping in Repair of the said High-way in the Counties aforesaid Four Iustices of the Peace for each of the said several and respective Counties dwelling next to the said High-ways respectively or any two of them for the year One thousand six hundred sixty thrée and until the Quarter-Sessions then next ensuing and from thenceforth the Iustices of Peace at the Sessions to be holden next after Easter every year for the said respective Counties from time to time shall and are hereby impowred to nominate and appoint Nine sufficient and able persons residing and inhabiting within the said several and respective Counties Who may appoint Surveyors of the High-ways for Hartfordshire yearly Cambridg-shire Huntington-shire to be Surveyors of the several places in the said High-way for the year from thence next ensuing The Iustices of the Peace for the County of Hertford to appoint Surveyors for the High-way lying in the said several Towns and Parishes of the said County and the Iustices of the Peace in the County of Cambridge to appoint Surveyors for the several Towns and Parishes within their said County of Cambridge And the Iustices of Peace for the County of Huntington to appoint Surveyors for the several Towns and Parishes of the said County And that the said Iustices or Surveyors aforesaid shall not act or do any thing towards the Repairs of the said High-ways but in their own several and respective Counties The power of the Iustices of the Peace in their several Counties And that the said Iustices in their several Counties shall cause notice to be given to the several Surveyors so chosen in writing of their said choice which said Surveyors and every of them having no lawful impediment to be allowed by the said Iustices by whom they shall be chosen in manner as aforesaid within one wéek next after such notice to them given of their Election shall and are hereby required to méet and assemble themselves together that is to say the Surveyors for the County of Hertford in some convenient place within the County of Hertford Hertford Cambridge Huntington And the Surveyors chosen for the County of Cambridge in some convenient place within their County and the Surveyors chosen for the County of Huntington in some convenient place within their said County to be appointed by the several Iustices of the said Counties at their several Quarter-Sessions to the intent to view and Survey the said High-way and places aforesaid The Power of the Surveyors in the said several Counties To appoint Receivers and Collectors of Toll and other needful Officers and shall consider what Reparations
shall be néedful for Repairing of the several High-ways and places aforesaid and the said several Surveyors in their respective Counties shall provide Stones Gravel and other materials and necessaries to be used for and towards the Repairing and amending the said High-way at the places aforesaid And the said Surveyors or thrée or more of them in their respective Counties being so met and assembled are hereby authorized to appoint a Receiver or Collector of Toll and such other Officer and Officers as they shall find necessary in their respective Counties for carrying on the said Work with such moderate allowance as shall be thought fit to be approved of by any two or more Iustices of the Peace for the said respective County for which such Officer is so chosen living near to the said High-way or places aforesaid or otherwise to be removed and other fit person or persons to be chosen in his or their places by the said Iustices in the said several and respective Counties And for the better effecting thereof Be it Enacted by the Authority aforesaid That the said Surveyors or any thrée or more of them in their several Counties Charging of Carts and Carriages shall from time to time as they shall sée cause appoint and require all and every person and persons inhabiting within thrée miles of the places aforesaid being within their several and respective Counties who by any Law or Statute of this Realm now in force is or are chargeable to find any Wayn or Cart for the amending of the High-ways and every other person and persons chargeable to labour in the High-ways upon reasonable notice to send his or their Cart or Wain and Team or to come to labour in the said High-way at any the places aforesaid within their respective Counties so furnished as by the Laws and Statutes of this Realm is directed for the amending of other High-ways when and so often as the said Surveyors for their said several Counties Allowance of wages to labourers and owners or any thrée or more of them shall think néedful and appoint for which the said Surveyors shall pay unto such Labourers and to the owners of such Teams Carts and Wayns according to the usual rate of the Countrey And in case any person so charged to send his her or their Team to work as aforesaid shall refuse or neglect so to do such persons so refusing or neglecting The Penalty for refusing shall forfeit Ten shillings for every day that he or they shall make such default and every Labourer Eightéen pence for every day he shall neglect or refuse to work as aforesaid How far and often Carts and carriages may be charged Provided That no person or persons by vertue of this Act be compelled or compellable to labour or to send his or their Team Cart or Waggon for the mending of the said High-way to any of the said places being above Thrée miles distant from his Dwelling-house or not in the same County nor to labour or send his or their Team Cart or Waggon for amending of the said High-way above Thrée days in any one wéek nor at any time in Séed-time Hay or Corn-harvest Who may determine differences about carriages and labourers Wages And in case that any question shall happen to arise touching the hire to be given by the said Surveyors for such Team Cart or Waggon or concerning the wages of such Labourers imployed in mending the said High-ways That then the said Iustices of the Peace in the County where such difference ariseth or any Two or more of them shall and may determine and set down what hire for such Team Cart or Waggon and also what wages to such Labourer shall be paid or allowed by the said Surveyors and such Order in that behalf to be made shall conclude all parties And be further Enacted by the Authority aforesaid That where there is not sufficient Gravel Chalk Sand or Stones within any Parish Town Village or Hamlet wherein the said High-way How gravell Chalk Stones c. may be taken or places aforesaid or any of them do lie to repair the said High-way at any of the places aforesaid It shall and may be lawful for the said Surveyors in their several and respective Counties or any thrée or more of them and such person and persons as they shall appoint to dig take and carry away Gravel Chalk Sand or Stones out of the Waste or Common of any neighbouring Parish Town Village or Hamlet without paying any thing for the same for the repairing or amending of the said High-way at any the places aforesaid or where there is not sufficient of such materials in any Common or Waste Ground thereunto near adjoyning to dig in the several grounds of any person or persons not being an House Garden Orchard Yard or Park stored with Déer being within any Parish chargeable towards the repairs of the said High-way and places so to be repaired where any such materials are or may be found And from time to time to carry away such and so much thereof as the said Surveyors or any thrée or more of them in their respective Counties shall adjudge necessary for the said Reparations without paying any thing for such materials saving only such reasonable satisfaction to the Owner or Occupier of the Ground where the same shall be so digged carried away as for the damage he or they shall thereby sustain to be assessed and adjudged by the said Iustices of the County where the same is digged at the next or any other Quarter-Sessions for the said County in case of difference concerning the same And that the Pits and places where and from whence such materials shall be dugg and carried away for the Reparations aforesaid shall with all convenient spéed to be adjudged by the said Iustices of Peace as aforesaid be filled up and levelled with earth or other materials or else rayled about so as that the same may not be déemed dangerous or prejudicial to man or beast And for the defraying of the charge of such Reparations to be done in the places aforesaid Be it further Enacted That from and after the choice of the Surveyors aforesaid it shall and may be lawful to and for the said Surveyors for the time being with such consent and approbation as is aforesaid Who may appoint the taking of Toll or Custom of all carriages and passengers of the said Iustices of the several Counties within their own Counties and not elsewhere to choose and appoint one or more fit person or persons to receive or take such sum or sums of money in the name of Toll or Custom to be paid for all such Horses Carts Coaches Waggons Droves and Gangs of Cattel as in time to come shall pass be led or droven in or through the said way or places aforesaid as are hereafter by this Act limited and appointed that is to say for every Horse one peny for every Coach six
such Rate is made whereby they shall have power for their several Counties to raise upon the Parishes that lie in or near the said Road and so will have a benefit therefrom such sum or sums of money as they shall sée fit and convenient for the spéedy effecting of the said Repairs before mentioned which said sum and sums so to be rated as aforesaid shall be paid to the Surveyors for the respective County where such Rate is made or to their Receiver or Collector to be imployed for the repairing of the said Ways and places afore-mentioned and not otherwise And in case any person shall refuse to pay such rate so to be made That it shall and may be lawful for the said Surveyors or their said Receivers and Collectors to distrain for such sum or sums of money and the distress to sell rendring the overplus to the Owners Provided always and it is Enacted by the Authority aforesaid That the said money so advanced by the said several Towns in the said respective Counties shall again be repayed with Interest by the several Surveyors for the several Counties as it doth arise out of the said Toll every County paying for what is so borrowed within its own County and no further And be it further Enacted by the Authority aforesaid That if any person or persons not having any lawful cause to be allowed as aforesaid The Penalty for refusing to take the Office of Surveyor shall neglect or refuse to take upon him or them the said Office of Surveyor being thereunto nominated and chosen according as by this Act is appointed or to do or perform his or their duty in the due and spéedy execution of this present Act the said Iustices of the Peace for the several and respective Counties where such Surveyor or Surveyors dwell at their Quarter-Sessions shall and may hereby have power to impose on such person or persons so refusing or neglecting such Fine or Fines not excéeding Ten pounds upon each person so refusing or neglecting as to them shall séem méet and to cause the same to be levied by distress and sale of his or their Goods rendring to the party so distrained the overplus if any shall be Fines and Forfeitures upon this Act how to be paid and disposed And be it further Enacted by the Authority aforesaid That all Fines or Forfeitures to be imposed or incurred by vertue of this Act shall be paid to the Surveyors for the time being or any thrée of them or the Treasurers of the said Surveyors for the said respective Counties for and towards the repairing of the said High-ways and places aforesaid And in case of refusal or if any person or persons so chosen to take upon him or them the said Office shall happen to die or shall for any lawful impediment be discharged from the said Office that then some other fit person or persons within that County shall be appointed by two or more Iustices in the said County living near the said High-way and places aforesaid in the place of him or them that shall so refuse die or be discharged and the person or persons so chosen shall and are hereby required upon notice thereof to him or them given under the hands and seals of the said Iustices by whom he or they shall be so chosen to take upon him or them the said Office of Surveyor and to execute the same in such manner and under such and the like penalties as if he or they had béen chosen by the Iustices at their Sessions of the Peace in manner as aforesaid Suits upon this Act shall be laid in the proper County And the Defendant may plead the general Issue And be it further Enacted by the Authority aforesaid That if any Suit shall be commenced against any person for any thing done in pursuance of this present Act That in every such case the Action shall be laid in the said respective Counties where the Cause doth arise and not elsewhere and the Defendant in such Action so to be brought may plead the general Issue and give this Act and the special matter in evidence at any Tryal to be had thereupon and that the same was done in pursuance and by Authority of the said Act And if it shall so appear to be done and that such Action shall be brought in any other County That then the Iury shall find for the Defendant and upon such Verdict or if the Plaintiff shall be non-suited or discontinue his Action after the Defendant shall have appeared or if upon Demurrer Iudgment shall be given against the Plaintiff the said Defendant shall have and recover his double Costs Double Costs and have the like remedy for the same as any Defendant hath in any other case by Law Toll not to be paid twice in the same day Provided always That no person or persons having occasion to passe any place where the Toll is taken and return the same day with the same Horse Coach Waggon or other Carriage or with Cattel shall be compelled in the same day to pay the said Toll a second time Any thing in this Act to the contrary notwithstanding Provided also That all and every person and persons who by Law are chargeable towards the repairing of the said High-ways and places aforesaid shall still remain so chargeable Any thing in this Act to the contrary thereof in any wise notwithstanding The continuance of this Act for 11. years only Proviso for exempting certain persons and things from paying any Toll Provided also That neither this Act nor any thing therein contained shall extend to any further time or be of force any longer then the term of Eleven years to be accounted from the passing of this Act Any thing in this Act to the contrary notwithstanding Provided always That all and every person and persons passing through the respective places appointed for the receiving of Toll as aforesaid viz. at Wades-Mill for the County of Hertford at Caxton for the County of Cambridge and at Stilton for the County of Huntington and coming immediately and primarily to and from the several Parishes of Standen Thundridge Ware and Bengeo adjacent to Wades-Mill in the said County of Hertford and Stowe great Papworth little Papworth Borne and Elsley adjacent to Caxton in the said County of Cambridge and Yaxley Washingley Glatton Cunington Waddon and Stibbington adjacent to Stilton in the said County of Huntington shall have a liberty to carry any quantity or quantities of Stones Sand Stones Gravel c. Lime or Gravel Dung Mould and Compost of any nature or kind whatsoever Brick Chalk or Wood And that they and all Carts with Hay or Corn in the Straw at Hay-time Hay Corn in Harvest 〈◊〉 Pâ—â—ugh 〈◊〉 Impâ— of Hâ— or Harvest Ploughs Harrows and other Implements of Husbandry and all other things whatsoever imployed in the Husbanding Stocking and Manuring of their several and respective Lands in the said several
the quantity and quality of the Béer Mingling of strong and small worts Ale or Worts found in his Tun and other Brewing Vessels convert any part of his small Béer or small Worts so taken accompt of into strong Béer or Ale by mingling letting down or striking over any such strong Ale or strong Worts into which or amongst any such small Béer or small Worts and shall sell deliver out or retail the same or any part thereof without giving notice to the same Gager or Gagers of the quality so mingled and converted as aforesaid or if any such Brewer or Retailer as aforesaid shall after the said time hide conceal or convey any Béer Ale or Worts not Gaged from the sight or view of the Gager or Gagers appointed to take accompt of the same whereby the Kings Majesty or His Commissioners or Farmers shall or may be defrauded in any manner of wise of the Duties due for the same or any part thereof every such common Brewer Victualler and Retailer for every Barrel of Béer or Ale by him or them so mingled converted sold delivered hid concealed or conveyed away contrary to the true intent and meaning hereof shall forfeit and lose the sum of Twenty shillings to be levied and recovered in manner and form as in and by this present Act is hereafter Ordained and appointed And be it further Declared and Enacted That all and every the Brewing-Vessels Brewing-Vessels and Vtensils subject to the debts and penalties of Excise and Vtensils for Brewing into whose hands soever the same shall come by what Conveyance or Title soever the same be claimed shall be liable and subject unto and are hereby charged with all and singular the Debts and Duties of Excise in arrear and owing by any person or persons for any Béer or Ale made within the said Brew-house and shall also be subject to all Penalties and Forfeitures incurred by such person or persons so using the said Brew-house for any offence against the Laws and Statutes for Excise And that it shall be lawful in all cases to levy Debts and Penalties and use such procéedings against the Vtensils therein contained as it may be lawful to do in case the Debtor or Offender using the said Vtensils had been truly and really Owner and Proprietor of the same And be it further Enacted by Authority aforesaid That after the first day of September Brewers that brew for other Brewers no common Brewer of Béer or Ale nor any other person whatsoever who hath or shall compound for the Duties of Excise for Béer or Ale by him brewed or to be brewed shall during the term of such Composition Brew or make or suffer or permit any Béer or Ale to be brewed or made within his Brew-house for any other common Brewer whatsoever without first giving notice as well of every particular brewing as of the quantity and quality of the Béer and Ale at every such Brewing intended to be brewed and made unto the respective Commissioners Farmers or Sub-Commissioners of Excise within the Districts of whose Office such common Brewer doth or shall inhabit and forthwith paying down unto the said respective Commissioners Farmers or Sub-Commissioners the full Excise of all the said Béer and Ale upon pain that as well the Brewer who shall brew the same as the Brewer for whom the said Beer or Ale shall be brewed shall forfeit and lose for euery Barrel the sum of Five pounds the one moyety to the Kings Majesty and the other moyety to the Informer that shall sue for the same in any Court of Record And be it further Enacted by Authority aforesaid That from and after the said first day of September no person or persons shall be permitted to sell or retail any Coffée Chocolate Coffee Chocolate Sherbet Tea Sherbet or Tea without License first obtained and had by Order of the General Sessions of the Peace in the several and respective Counties Certificate being first shewed that they have given good Security for the due payment of their dues to the King or the chief Magistrate of the place in whose Iurisdiction he or they do or shall inhabit or dwell for the Selling or Retailing of the same Nor shall any License be granted to any Retailer until Security first given by Recognizance or otherwise For which License Recognizance and Security Twelve pence shall be given and no more for the payment of the Excise And every person or persons Selling or Retailing any of the said Liquors without License had and Security given as aforesaid shall forfeit and lose the sum of Five pounds for every moneth he or they shall continue Selling or Retailing the same And be it further Enacted by the Authority aforesaid Gagers may take no bribes nor rewards to make false returns That from and after the said first day of September no Brewer or other person whatsoever shall Bribe or Corrupt or give any Money Fée or other Reward whatsoever to any Gager or Gagers or other Officer whatsoever to make any false Return or Report into the Office of Excise of any Béer Ale or other Liquors Exciseable made or brewed or to be made or brewed within his or their Charge Division or Walk or to forbear or omit the doing or executing of his or their Places or Imployments upon penalty of Ten pounds for every such Offence And that no Sworn Gager or Gagers or other Officer whatsoever shall directly or indirectly take and receive any Bribe Money Fée Gift or other Reward of any Brewer or other person whatsoever for any cause or matter relating to the Excise upon Penalty that every such Sworn Gager or other Officer so offending shall for every such offence forfeit and lose the sum of Ten pounds All and every of which said respective offences shall be proved by the Oaths of Two lawful and credible Witnesses before Two Iustices of the Peace or chief Magistrate of the place where such offence shall be committed which said Iustices or Magistrates respectively have hereby power to administer the said Oaths and also to Examine Adjudge and Determine the same and to cause such Penalties by Warrant under their hands and seals to be levied by Distress and Sale of the Offenders Goods rendring to the Party the overplus and for want of such Distress to commit every such Offender to the Common Gaol of such County or Place there to remain by the space of Thrée Moneths without Bail or Mainprize And for the better Levying and Collecting the Duties of Excise upon all Foreign or Imported Liquors Be it Enacted by Authority aforesaid Foreign Liquors imported to be duly entred That no such Foreign or Imported Liquors shall be landed or put on shore out of any Ship or Vessel from beyond the Seas before due Entry be first made thereof with the Officer and Collector appointed for the Excise in the Port or Place where the same shall be Imported or before the Duty of Excise due
Commissioner Farmer No Commissioner or other may act until he have taken the Oath in the Act of 12 Car. 2. cap. 23. Sub-Commissioner or other person imployed or to be imployed in the Farming Collecting or taking Accompts for the Duty of Excise do after the First day of September next take upon him or them any such Office or procéed in execution of any such Imployment until he or they have first taken the Oaths appointed to be taken by the Act of Parliament Entituled A Grant of certain Impositions on Beer Ale and other Liquors for the increase of His Majesties Revenue during His life before the respective persons appointed in the said Act of Parliament and have Entred his Certificate for taking the said Oaths with the Auditor for Excise under the penalty of Fifty pounds for every Moneth he or they shall so neglect to take the same CAP. XII An Explanatory Act for Recovery of the Arrears of Excise BE it Declared and 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 Authority of the same That where any Commissioner Sub-Commissioner Treasurer In what cases Sureties for Excise shall be answerable for the arrears 12 Car. 2. cap. 11. and all other Officers which were heretofore imployed in the Receipt of the Excise Farmer or Collector of Excise which are and standeth charged with or accomptable for any Duties of Excise by him or them received farmed or detained or any ways due from the persons before named or any of them and not pardoned by the late Act Entituled An Act of Free and General Pardon Indempnity and Oblivion That there and in such case all and every the Sureties of such person and persons charged or chargeable as aforesaid shall be deemed and taken to be liable and answerable according to the nature of their respective Securities Any doubt or question made touching the Construction of the said late Act of Frée and General Pardon to the contrary notwithstanding And be it further Declared and Enacted by the Authority aforesaid That where the Commissioners of Excise for the time being or the major part of them have Issued out any Summons or Warning which hath béen left at the house or usual place of residence or with the Wife Child or menial Servant of any the aforesaid person or persons Chargeable or Accomptable as aforesaid The same shall be déemed and adjudged a good and sufficient Summons and as legal and effectuall a notice as if the same had béen actually delivered to the proper hands of such person or persons to whom the same was directed Any doubt or question thereof made to the contrary notwithstanding CAP. XIII An Additional Act for the better Ordering and Collecting the Revenue arising by Hearth-Money VVHereas the Revenue Setled on His Majesty His Heirs and Successors by a late Act 14 Car. 2. cap. 10. Entituled An Act for Establishing an Additional Revenue upon His Majesty His Heirs and Successors for the better support of His and their Crown and Dignity hath béen much obstructed for want of true and just Accompts under the hands of the respective Occupiers of Houses Edifices Lodgings and Chambers as by the said Act is required and by the negligence of Constables and other Officers intrusted with the Taking and Reforming such Accompts Be it therefore Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same That the Iustices of the Peace of the respective Counties How the Iustices of the Peace shall cause accompts to be taken of the number of Hearths Corporations Places and Limits within their respective Iurisdictions at the next Sessions to be held after the Feast of Saint Michael the Archangel next ensuing or the major part of them then present shall issue out Warrants under their Hands and Seals to the respective High Constables or other like next Officer who shall issue the like Warrants unto the Petty Constables Head-boroughs and Tythingmen requiring them on the next Sunday after Morning-Service ended to give publick notice in the Church or Chappel generally to all the Inhabitants and also to give notice publickly in the Church and particularly as aforesaid to every Inhabitant within their respective Precincts that shall then be Occupier of any House Edifice Lodging or Chamber That within Ten days next after such notice he give a true and just account in writing under his hand of all Hearths and Stoves in such respective House Edifice Lodging and Chamber unto such respective Constable Head-borough and Tythingman who upon receipt of such Accompt shall with Two other substantial Inhabitants of the said respective Precinct whom they are hereby Authorized to Charge for that purpose in the day-time enter into the respective House Edifice Lodging and Chamber and upon his own view compare such Accompt and sée whether the same be truly made or not and endorse the same Accompt accordingly to what he finds upon his view which Accompt so received and endorsed shall be by him transmitted within twenty dayes after such Receipt to the respective High-Constable or other like Officer as aforesaid together with a Book or Roll fairly written wherein shall be Two Columes The one containing the Names of the persons and number of Hearths and Stoves in their respective Possessions that are chargeable by the said Act and the other the Names of the persons and number of Hearths and Stoves in their respective possessions which are not chargeable by the said Act Which being so received by such respective High Constable or other like Officer as aforesaid and compared together shall within six dayes after such Receipt be transmitted to the two next respective Iustices of the Peace who are hereby impowred to examine the said respective High-Constable or other like Officer as aforesaid Petty Constable Headborough or Tythingman upon Oath concerning the truth and faithfulness of their actings in the premisses which being done the said Iustices shall within ten days after such examination Sign and Transmit the said Book and Roll together with the said Original Accounts so endorsed as aforesaid and filed together unto the respective Clerk of the Peace who shall within Twenty days after receipt thereof Engross the said Book or Roll in Parchment to be still kept in the respective County and Places aforesaid and shall also within Two Months Engross in Parchment a true Duplicate of the said Book or Roll which being Signed by him and by two Iustices of the Peace at least of the respective County and Places aforesaid shall be transmitted within one Month after such Engrossement into His Majesties Court of Exchequer Penalty for omitting any Hearth Provided always and be it Enacted by the Authority aforesaid That if any Occupier of any House Edifice
Lodging or Chamber shall not make or cause to be made an Account or shall omit in his Account required to be made by this Act any Hearth or Stove he shall for every such Hearth or Stove he shall so omit forfeit the sum of Forty shillings Penalty upon Constables for neglect Provided also That if any Petty Constable Headborough or Tythingman to whom such Accounts as aforesaid shall come shall neglect to transmit the same together with a Book or Roll in manner and time aforesaid to the respective High Constable or other like Officer as aforesaid or shall make default in giving such notice as aforesaid or in comparing the Account with two substantial Inhabitants as aforesaid shall forfeit for every such offence the sum of Five pounds High-Constables Provided also That if any High-Constable or other like Officer as aforesaid shall neglect to compare the said Original Accompts and the said Book or Roll or to transmit the same in manner and time aforesaid he shall for every such Offence forfeit the sum of Ten pounds All which before mentioned Forfeitures and Penalties shall be recovered by Action of Debt Bill Plaint or Information in any of his Majesties Courts of Record the one half to the use of his Majesty the other half to the use of him or them that shall sue for the same Prejudice by charge of annual officers remedied And whereas His Majesties said Revenue setled by the aforesaid Act hath béen much prejudiced by Annual changing of Petty Constables Headboroughs Tythingmen High-Constables and Sheriffs to whom the Collecting and Receipt of His Majesties said Revenue is thereby intrusted Be it therefore Enacted by the Authority aforesaid That the changing of such Annual Officers or leaving of their said Offices shall not excuse or disable any person who shall be Constable Headborough Tythingman High-Constable or Sheriff at the time that any Revenue or Duty shall grow due or payable by the said Act from Collecting Distraining and Receiving respectively such Revenue or Duty so grown due but that every such person in such case is hereby enabled and required to do all things respectively as to such Revenue or Duty so growing due as if he had continued Constable Headborough Tythingman High-Constable or Sheriff Any thing in the said Act to the contrary notwithstanding Penalty for neglecting to distrain receive or pay over the said duty Provided also and be it Enacted by the Authority aforesaid That if any person who by the said or this Act ought to Collect Distrain for Receive or Pay over any the said Revenue shall neglect or refuse to do his duty therein for every wéek he shall neglect or refuse he shall forfeit the sum of Twenty shillings to be recovered in manner and by such person or persons as the aforesaid Forfeitures by this Act are to be recovered All persons may be called in aid to distrain Provided also and be it Declared and Enacted by the Authority aforesaid That in all cases which by this or the aforesaid Act any Petty Constable Headborough or Tythingman may enter into the house of any person or he may distrain the Goods of any person he may call to his aid any two sufficient Inhabitants of the respective Townships or Precincts who are hereby enjoyned to assist him therein Sheriffs appointed Collectors may make their Deputies Provided also and be it Enacted and Declared by the Authority aforesaid That where any Sheriff is by the aforesaid Act appointed to be Collector of any part of the said Revenue that such Sheriff may execute the said place of Collector by such Deputy or Deputies as to him shall séem meet being thereunto appointed under the Great Seal of his Office or under his own hand and seal Any thing in the said Act to the contrary notwithstanding Treasurers and Officers of the Inns of Court Chancery Colledges c. Provided also and be it Enacted by the Authority aforesaid That the respective Treasurers and other Officers of the respective Inns of Court Inns of Chancery Colledges and other Societies chargeable by the aforesaid Act for their Hearths and Stoves shall do all things as the respective Constables by this Act are enjoyned to do under the like Penalties though without any Warrant from the respective Iustices of the Peace And that every Occupier of any House Edifice Lodging or Chamber within any the respective Inns of Court Inns of Chancery Colledges and Societies aforesaid shall do all things and under the like Penalties as are required by this Act of any Occupier of any House Edifice Lodging or Chamber elsewhere Provided always and be it Enacted by the Authority aforesaid Westminster That the High Bayliff of Westminster for the time being or his or their Deputy or Deputies may within the City and Liberties of Westminster from and after the Eight and twentieth day of September next Collect and Levy the said Duty and put in execution all the Powers of the said former Act and this present Act as amply as any Sheriffs who by the said former Act are made Collectors may do within their respective Limits and Iurisdictions appointed to them by the said Act And the said Bailiff for the time being shall be subject to the same Penalties and Duties as the said Sheriffs are and shall receive the same reward and the Sheriff of Middlesex for the time being is discharged from putting in execution the Trust aforesaid in the said City and Liberty of Westminster from the said Eight and twentieth day of September saving onely for the Collecting of such arrears as then shall happen to be And the Constables and Headboroughs and other Officers within the said City and Liberty of Westminster shall deliver unto the said Bailiff Duplicates of all Accounts of Hearths and Stoves and do all other things in such manner as by the said Act they ought to have done unto the said Sheriffs any thing in the said or this Act to the contrary notwithstanding Provided alwayes and be it Enacted by the Authority aforesaid That the Bailiff of the Burrough of Southwark for the time being his Deputy or Deputies may within the said Burrough Southwark and other Liberties of Southwark from and after the Eight and twentieth day of September next Collect and Levy the said Duty and put in execution all the Powers of the said former Act and this present Act as amply as any Sheriffs who by the said former Act are made Collectors may do within their respective Limits and Iurisdictions appointed to them by the said Act and the said Bailiff for the time being shall be subject to the same Penalties and Duties as the said Sheriffs are and shall receive the same reward and the Sheriff of Surrey for the time being is discharged from putting in execution the trust aforesaid in the said Burrough and Liberties of Southwarke from the said Eight and twentieth day of September And the Constables and other Officers within
and by the Authority thereof That from and after the first day of October next ensuing It shall and may be lawful for any person or persons whatsoever Native or Foreigner fréely and without paying any Acknowledgement Fee or other Gratuity for the same in any place of England and Wales In the occupation of dressing and ustng of Hemp and Flax. priviledged or unpriviledged Corporate or not Corporate to set up and exercise the Trade Occupation or Mystery of breaking hickling or dressing of Hemp or Flax as also for making and whitening of Thread as also of Spinning Weaving Making Whitening or Bleching of any sort of Cloth whatsoever made of Hemp or Flax only As also the Trade Occupation or Mystery of making of Twine or Nets for Fishery or of Stoving of Cordage As also the Trade Making of tapestry hanginge Foreigners may use those trades and enjoy all priviledges as natura born subjects Oath of Allegeance and Supremacy Occupation or Mystery of making any sort of Tapistry-Hangings Any Law Statute or Vsage to the contrary in any wise notwithstanding And all Foreigners that shall really and bona fide set up and use any of the Trades and Manufactures aforesaid by the space of thrée years in this Kingdom of England Dominion of Wales and Town of Berwick upon Tweed shall from thenceforth taking the Oaths of Allegiance and Supremacy before two Iustices of the Peace near unto their dwellings who are hereby authorized to administer the same enjoy all Priviledges whatsoever as the Natural born Subjects of this Kingdom And it is hereby Enacted and Declared That such Foreigners as shall exercise any of the Trades aforesaid by vertue of this Act shall not at any time be lyable to any other or greater Taxes Payments or Impositions then such as are or shall be paid by his Majesties Natural born Subjects unless in case they shall use and exercise Merchandize into and from Foreign parts in which case they shall be lyable to pay such Customs as have usually béen paid by Aliens during the space of Five years next ensuing and no longer CAP. XVI Herring and other Fisheries Regulated And a Repeal of the Act concerning Madder FOr the prevention of abuses in the packing and ordering of Herrings and bringing that Commodity into Credit in Foreign parts beyond the Seas Be it Enacted and it is hereby Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by the Authority of the same That from and after the first day of August One thousand six hundred sixty four No white or red Herrings of English catching shall be put to sale in England Wales How herrings shall be packed or in the Town of Berwick upon Tweed but what shall be packed in lawful Barrels or Vessels and which shall be well truly and justly laid and packed And shall be of one time of Taking Salting Saving or Drying and equally well packed in the midst and every part of the Barrel or Vessel and by a sworn Packer And the Barrel or Vessel marked or branded by such sworn Packer with a mark or brand denoting the gage of the Barrel or Vessel and the quantity quality and condition of the Herrings packed therein and the Town or place where they were packed And the Bailiffs of Great Yarmouth for the time being and the Mayor Bailiffs or other Head-Officer for the time being of every Port Haven or Créek out of which any vessels or ships do procéed to fish for Herrings are hereby authorized and required before the first day of July Able packers to be appointed and sworn in the year One thousand six hundred sixty four and before the first day of July in every year after to appoint for their respective Haven Port or Créek a competent number of able and experienced Packers to view and pack all such white or red Herrings of English catching as shall be brought into their Port Haven or Créek and well and truly to mark and brand the Barrels or Vessels into which they shall be packed with such mark or brand as is above directed and to administer to them yearly an Oath which Oath they are hereby authorized and appointed to give to them for the well and true doing thereof according to this Act. Penalty for not appointing and swearing packers And in case the said Bailiffs of Great Yarmouth or the Mayor Bailiffs or other Head-Officer for the time being of any such Port Haven or Créek shall not appoint and swear such Packers before such time in every year as is by this Act required they shall for every default forfeit the sum of One hundred pounds of lawful money of England one moyety to his Majesty his Heirs and Successors and the other moyety to him or them that shall inform or sue for the same in any Court of Record by Bill Plaint or other Action wherein no Essoign Protection or Wager in Law shall be allowed And for the better regulating of the Island and Westmony Fisheries Weâ—y Island and Preservation of the Spawn of fish there Be it Enacted and it is hereby Enacted by the Authority aforesaid That from and after the five and twentieth day of December One thousand six hundred sixty thrée no ship or vessel shall procéed upon a Fishing-Voyage for Island or Westmony out of any Port Haven or Créek in England or Wales or out of the Port of Berwick upon Tweed until the tenth day of March in any year upon the pain of the forfeiture of every such ship or vessel with all her Furniture Tackle and Apparel and of all the fish caught in such ship or vessel And it is hereby further Enacted by the Authority aforesaid That no person or persons whatsoever do collect levy or take or cause to be collected levyed or taken in New-found-land any Toll New-found-land or other duty of or for any Cod or Poor John or other fish of English catching under pain of the loss of double the value of what shall be by them levied collected or taken or caused to be collected levied or taken And that no Planter or other person or persons whatsoever do cast or lay any Seme or other Net in or near any Harbour in New-found-land whereby to take the spawn or young Fry of the Poor John or for any other use or uses except for the taking of Bait only upon pain of the loss of all such Semes or Nets and of the fish taken in them or of the value thereof to be recovered in any of his Majejesties Courts in New-found-land or in any Court of Record in England or Wales by Bill Plaint or other Action wherein no Essoign Protection or Wager in Law shall be allowed And it is hereby further Enacted by the Authority aforesaid That no Planter or other person or persons whatsoever None may destroy houses or spoil nets c.
and imposed by vertue of this Act for preservation of the said Great Level from drowning And whereas the persons now in possession of the said last mentioned Shares Lots Parts and Proportions of the said Ninety five thousand acres whereof pretended Estates and Conveyances were taken contracted for or accepted of as aforesaid do pretend that they or those under whom they do respectively claim and derive their right title or pretensions to the said Shares Lots Parts and Proportions respectively have laid out and disbursed for Taxes for and towards the maintenance preservation and repair of the works of the said Great Level heretofore Erected by the Earl Francis and his Participants and for and towards their erection of new and necessary works for the better and more effectual Dreyning of the said Great Level and for building upon the said Shares Lots Parts and Proportions more moneys then the cléer rents issues and profits of the said Shares Lots Parts and Proportions have amounted to since the said respective pretended Estates and Conveyances were first taken contracted for accepted as aforesaid Be it therefore Enacted by the Authority aforesaid And it is hereby Enacted That the Chief Iustice of the Court of Kings Bench the Chief Iustice of the Court of Common-Pleas The Chief Iustice of the Kings bench and others made a Iudicature to hear and determine differences the Chief Baron of the Court of Exchequer and the Iustices of the said Court of Common-Pleas for the time being or any two or more of them are hereby constituted appointed and erected a Iudicature or Commissioners to Hear Order Iudge Decrée and Determine upon Bills and Answers to be Exhibited or otherwise as they shall think fit betwéen the said persons who are now in the Possession of the said respective Shares Lots Parts and Proportions and the respective Heirs and Assigns of the said persons now in possession as aforesaid And the said Sir Richard Onslow and other the said Assignées and Trustées of the said Henry late Earl of Arundel and Surrey deceased Arthur Earl of Anglesey Thomas Lord Culpepper the said Samuel Sandys the elder or his Trustées Sir William Terringham Robert Phillips Robert Scawen and the said other persons Participants of the said Earl Francis and their respective Heirs and Assigns who are now out of the possession of the said Shares Lots Parts and Proportions respectively and to whom respective Estates are by vertue of this Act to be executed of the same as aforesaid And the said Iudicature or Commissioners or any two or more of them are hereby authorized out of the said Shares Lots Parts and Proportions to Order Adjudge Decrée and Determine to either of the said Parties respectively such recompence and allowance as they the said Iudicature or Commissioners or any two or more of them shall see cause And for the better enabling the said Iudicature or Commissioners to procéed to the hearing ordering adjudging decréeing and determining and for putting in due and spéedy execution such Order Iudgement Decrée and Determination as they or any two or more of them shall make betwéen the said parties It is hereby further Enacted by the Authority aforesaid That they the said Iudicature or Commissioners or any two or more of them shall have such and the like power and authority as the High Court of Chancery hath in cases before the said Court depending and for putting in execution the Decrées of the said Court. The power and authority of the said Iudicature And to the end that the said Iudicature may be the better enabled to Iudge of the Rights and Pretensions of either party Be it further Enacted by the Authority aforesaid That in every Decrée or Determination which they shall make by vertue and in pursuance of this Act they shall have regard to the sum and sums of money actually disbursed and expended by either party in the Works of Dreyning the said Great Level Directions for their decrees and proceedings and in the preservation and reparation of the same and also to the respective Times of such Disbursements and expence defalking thereout such sum and sums of money as have béen received by either party their Tenants or Assigns for the Rents Issues and Profits of the same and abating out of the Interest of the Money disbursed by either party so much as the Interest of the Money received by such party for the Rents Issues and Profits of the same doth amount unto And to the intent that the persons who by the true intent and meaning of this Act are to be put into possession of any part of the said Eighty thrée thousand acres may not by undue delayes or by any other means or pretensions be kept out of the possession of the same Be it further Enacted by the Authority aforesaid That at any time or times after the expiration of Six moneths after the Passing of this Act it shall and may be lawful to and for the said Samuel Sandys the elder and his Trustées for him Sir Richard Onslow and others the Assignées and Trustées of Henry late Earl of Arundel and Surrey deceased Arthur Earl of Anglesey Thomas Lord Culpepper Sir William Terringham Robert Phillips and Robert Scawen their and every of their respective Heires and Assigns and to and for the Participants of the said Earl Francis Parties to the said Indenture of Fourtéen parts their and every of their respective heirs and assigns whose Lands Shares Lots Parts and Proportions of and in the said Ninety five thousand acres were sold or pretended to be sold for non-payment of Taxes by vertue of the said pretended Act of the Nine and twentieth day of May in the year of our Lord One thousand six hundred forty and nine to bring their respective Action or Actions of Trespass or Trespass and Ejectment in His Majesties Court of Kings Bench or Court of Common-Pleas at Westminster against any person or persons whatsoever possessing withholding or occupying the same although the said Governour Bayliffs and Conservators or so many and such of them as are thereunto authorized by this present Act have not or shall not execute estates pursuant to this present Act to such person or persons hereby enabled to bring such Action or Actions and such person or persons shall recover such Lands Shares Lots Parts and Proportions of the said Ninety five thousand acres as they respectivly shall make and derive title and claim unto as Participants of the said Francis Earl of Bedford parties to the said Indenture of Fourtéen parts or as the respective Heirs or Assigns of the said respective Participants parties to the said Indenture of Fourtéen parts as if the said Governour Bayliffs and Conservators had duely executed respective Estates of such respective Lands Shares Lots parts and Proportions of the said Ninety five thousand acres according to the true intent and meaning of this Act And such person or persons his and their respective Heirs and Assigns shall have and
such election and choice or in any other matter so as such Lessées and their Assignées respectively have and be Lessées or Owners of double the quantity or number of Acres parcel of the said Ten thousand Acres as by vertue of this Act is required to qualifie any person to be elected and chosen into the Office or Place of Governor Bayliff or Conservator respectively and to vote in such elections and choice or in any other matter touching the said Level and so as such Leases or Assignments they claim by be entred with the Register Any thing before in this Act to the contrary notwithstanding Provided always and be it Enacted by the Authority aforesaid That this Act shall not extend to Impeach or make void any Obligation given to David Offley Gentleman conditioned for his quiet enjoyment of a certain parcel of Land purchased by him in the said Level but that the said David Offley may sue and prosecute his several Action or Actions upon the said Obligation as if he had béen evicted or removed from his Estate therein by due course of Law How Breaches shall be made good And be it further Enacted by the Authority aforesaid That if any Breaches happen in any of the Banks Sasses Sluces Tunnels or other Works within the said Great Level or in any the Works made without the said Great Level for carrying the waters of the said Great Level to their Out-fall at Sea by reason of some inevitable accidents the same shall be repaired and made good in convenient time by and at the Charges of the said Corporation and their Successors but no other Charge shall be laid upon the said Corporation or their Successors for or in respect of such Breaches nor for or in respect of any Breaches that have happened heretofore in any of the said Banks Sasses Sluces or other Works nor shall the said Corporation be inforced to give to any other person any recompence for any loss or damage which hath or shall happen by reason of their making necessary and sufficient Banks for the defending of the said Level from being overflown and for the leading of the waters of the said Level in their Channels as now they run unto their Out-fall at Sea Proviso for persons that have exchanged their Lands Provided nevertheless and be it Enacted That where any Participant under Francis Earl of Bedford or the Heirs or Assigns of any such Participant hath exchanged his or their Share or Lot of the said Ninety five thousand Acres or any part thereof for any other Lands parcel of the said Ninety five thousand acres which were claimed and held under such pretended Sales for non-payment of Taxes since One thousand six hundred forty and nine It shall and may be lawful to and for such Participant and Participants and his and their Heirs and Assigns to enter again upon the same Lands so given in exchange and to have and retain the same in his and their possession Any thing in this Act to the contrary notwithstanding Subject nevertheless in all things to such Iudgment and Determination as the Iudicature hereby construed shall make concerning the same Provided always That no ascertatining or dividing of the said Dreyned or new improved Lands by the said Commissioners as aforesaid shall conclude the Kings Majesty his Heirs Successors or Assigns or any other person or persons as to the bounds of Parishes to any other intent or purpose then subjecting the same to Taxes and Contributions and Episcopal Iurisdictions and not as to the Right of Tythes or any other purpose whatsoever nor shall be or be used in evidence concerning the same Commons and Wasts in Bedford Level inclosed Provided also and be it further Enacted by the Authority aforesaid That if any person or persons having right of Common in any of the Mannors Wastes Commons or Lands within the said Great Level of the Fenns called Bedford Level or any other person or persons whatsoever at any time after such Division or Inclosure made or set out as aforesaid shall break throw down disturb obstruct or by any means hinder or lay open the said Improvements and Inclosures at in or after the making thereof or the Hedges Ditches or Fences of the same or any part thereof shall destroy and shall be thereof convicted by two credible Witnesses upon Oath before two Iustices of the Peace of the County where such Disturbance or Destruction shall be made Every such person or persons so convicted as aforesaid shall forfeit for every such offence the sum of twenty pounds to be levied by Distress vpon the Goods and Chattels of every such offender or offenders by Warrant under the hands and seals of the said Iustices of the Peace before whom such conviction shall be made the one moyety to the Informer and the other moyety to such person or persons against whom the said Offence is or shall be committed or for want of such sufficient distress the Offender shall be committed to the House of Correction or Common Goal for thrée Moneths without Bail or Mainprise at the said Iustices Discretion Provided always and it is hereby Enacted and Declared by the Authority aforesaid That from and after the first day of August which shall be in the year of our Lord One thousand six hundred sixty and eight no Tax or Taxes excéeding Two shillings the Acre in any one year shall be assessed After the year 1668. Taxes shall not exceed 2 s. in the pound laid or levied upon the said Ten thousand Acres by this Act vested in the Kings Majesty his Heirs Successors and Assigns or upon any part thereof or upon the Two thousand Acres hereby vested in the Assigns of the said Earl of Portland but in case the Taxes to be assessed upon the said Eighty thrée thousand Acres hereby vested in the said Corporation shall not amount unto so much in proportion as Two shillings an Acre according to the proportion for each acre Then a proportionable abatement shall be made out of the said Two shillings per Acre which shall be charged yearly by an equal Rate upon every acre of the said Ten thousand acres and the said Two thousand acres according to the Rate imposed upon every acre of the said Eighty thrée thousand acres whether the same shall be assessed by an Acre-Tax or a Pound-Rate or by any other way Any thing herein contained to the contrary notwithstanding And it is further Declared That the Assessing Laying and Levying of Taxes upon the said Ten thousand acres or upon the said Two thousand acres or any part thereof after the said First day of August which shall be in the said year of our Lord One thousand six hundred sixty and eight by the way of an Acre-taxe shall not extend nor be interpreted or construed to extend to compel or conclude the said Corporation to Assess Lay or Levy any Tax or Taxes upon the said Eighty thrée thousand acres hereby vested in the said
Corporation or upon any part thereof by the way of an Acre-Tax Anno XVI Caroli II. Regis CAP. I. Parliaments shall be held once in Three years at the least And an Act for the preventing of Inconveniences happening by the long Intermission of Parliaments Repealed WHereas the Act made in the Parliament begun at Westminster the Third day of November in the Sixtéenth year of the Reign of our late Soveraign Lord King Charles of blessed memory Entituled 16 Car. 1. cap. 1. An Act for the preventing of Inconveniences happening by the long Intermission of Parliaments is in derogation of his Majesties just Rights and Prerogative inherent to the Imperial Crown of this Realm for the Calling and Assembling of Parliaments And may be an occasion of manifold mischiefs and inconveniencies and much endanger the Peace and Safety of his Majesty and all his Liege People of this Realm Be it therefore Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by the Authority of the same That the said Act entituled A Repeal of the said Act. An Act for the preventing of Inconveniences happening by the long Intermission of Parliaments And all and every the Articles Clauses and Things therein contained is shall be and are hereby wholly Repealed Annulled and utterly made Void And are hereby declared to be Null and Void to all intents and purposes whatsoever as if the said Act had never béen had or made Any thing in the said Act contained to the contrary in any wise notwithstanding And because by the Ancient Laws and Statutes of this Realm 4 E. 3. cap. 14. 36 E. 3. cap. 10. made in the Reign of King Edward the Third Parliaments are to be held very often Your Majesties humble and Loyal Subjects the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled most humbly do beséech Your most Excellent Majesty That it may be Declared and Enacted And be it Declared and Enacted by the Authority aforesaid That hereafter the sitting and holding of Parliaments shall not be intermitted or discontinued above Thrée years at the most but that within Thrée years from and after the determination of this present Parliament and so from time to time within Thrée years after the determination of any other Parliament or Parliaments or if there be occasion more oftner Your Majesty Your Heirs and Successors do issue out Your Writs for calling assembling and holding of another Parliament to the end there may be a frequent calling assembling and holding of Parliaments once in Thrée years at the least CAP. II. An Act for preventing of Abatements of Writs of Error upon Judgments in the Exchequer WHereas by a Statute made in the One and thirtieth year of the Reign of the late Quéen Elizabeth It is Enacted That the not coming of the Lord Chancellor 31 El. cap. 1. and Lord Treasurer or either of them at the day of Adjournment in any Suit of Error depending 31 E 3. cap. 12. by vertue of the Statute of the One and thirtieth year of the Reign of King Edward the Third therein mentioned concerning Error made in the Exchequer shall not be any Discontinuance of any such Writ of Error But if both the Chief Iustices of either Bench or any one of the said great Officers the Lord Chancellor or Lord Treasurer shall come to the Exchequer-Chamber and there be present at the day of Adjournment in such Suit of Error It shall be no Discontinuance but the Suit shall procéed in Law to all intents and purposes as if both the Lord Chancellor and Lord Treasurer had come and béen present at the day and place of Adjournment Which Statute doth not provide a Remedy in case the said Lord Chancellor and Lord Treasurer or either of them shall not be present at the Days and Times of the Returns of such Writs of Error although it be within the same mischief Iustice being delayed And the parties in such Cases being put to begin new Suits to their great Charges and prejudice by reason of the absence and not coming of the said great Officers Be it therefore Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in Parliament Assembled and by Authority of the same The not comâ—ing of the Lord Chancellor or Lord Treasurer That the not coming of the Lord Chancellor and Lord Treasurer or either of them at the day of Return of any Writ of Errour to be sued forth by vertue of the said Statute made in the said One and thirtieth year of the Reign of the said King Edward the Third shall not cause any Abatement or Discontinuance of any such Writ of Error But if both the Chief Iustices of either Bench or either of them or any one of the said great Officers the Lord Chancellor or Lord Treasurer shall come to the Exchequer-Chamber and there be present at the day of Return of any such Writ of Error it shall be no Abatement or Discontinuance But the Suit shall procéed in Law to all intents and purposes as if both the Lord Chancellor and Lord Treasurer had come and béen present at the day and place of Return of such Writ Provided always That no Iudgment shall be given in any such Suit or Writ of Error unless both the Lord Chancellor and the Lord Treasurer shall be present thereat CAP. III. For Collecting the Duty arising by Hearth-Money by Officers to be appointed by His Majesty 14 Car. 2. cap. 10. WHereas by an Act made in the Parliament begun at Westminster the Eighth day of May in the Thirtéenth year of his Majesties Reign that now is Entituled An Act for Establishing an Additional Revenue upon His Majesty his Heirs and Successors for the better Support of His and their Crown and Dignity And by another Act made in the second Session of the said Parliament 15 Car. 2. cap. 14. in the Fiftéenth year of the Reign of his said Majesty Entituled An Additional Act for the better Ordering and Collecting the Revenue arising by Hearth-money It was Enacted and Ordained That from and after the Five and twentieth day of March in the year of our Lord One thousand six hundred sixty and two every Dwelling and other House and Edifice and all Lodgings in Inns of Court Inns of Chancery Colledges and other Societies that are or hereafter shall be erected within the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed other then such as are therein excepted shall be and are charged with the Annual payment to the Kings Majesty his Heirs and Successors for every Fire-Hearth and Stove within every such House Edifice Chambers and Lodgings the sum of Two shillings by the year to be paid yearly at the Feasts of Saint Michael the Arch-Angel and of the
Annuntiation of the blessed Virgin Mary by even and equal portions an exact and just Account of the numbers of all which Fire-Hearths and Stoves is thereby Enacted to be taken and returned into his Majesties Court of Exchequer And the Moneys and Revenues due and payable for the same to be collected levied and paid to his Majesty by such persons and Officers in manner and form as by the said Acts is prescribed Nevertheless by reason of some defects in the said Act and great negligence of the said Officers and other persons in not returning the exact numbers of the said Fire-Hearths and Stoves and not duly Collecting Levying and paying into his Masties Exchequer the full Revenue due for the numbers returned at the times appointed and by sundry fraudulent practises to elude the said Acts the said Revenue is much diminished and not duly answered For remedy thereof and for the better ascertaining and collecting the said Revenue for the future Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled and by Authority of the same That it shall and may be lawful to and for the Kings Majesty his Heirs and Successors from and after the Four and twentieth day of June One thousand six hundred sixty four from time to time by and with the Advice of the Lord High Treasurer Chancellour Vnder-Treasurer and Barons of the Court of Exchequer for the time being or any thrée of them whereof the Lord High Treasurer or Chancellor of the Exchequer to be one to constitute and appoint such person or persons as his Majesty his Heirs and Successors shall think méet to be the Officer or Officers for the receiving and collecting and answering the duty arising by the said Fire-Hearths and Stoves by vertue of the said several Acts and for viewing and numbring of the several Chimney-hearths and Stoves mentioned in the said Acts and for the inspecting and examining the several Rolls Certificates and Returns thereof made and to be made from time to time into his Majesties Court of Exchequer in pursuance of the said Acts or any other thing belonging to the same which Officers or any of them shall have full power to examine and supervise the Rolls and Numbers of Fire-hearths and Stoves already returned into the said Court of Exchequer And being accompanied with the Constable or the Tithing-man Treasurer Vnder-Treasurer or other publick or proper Officer of the place who are hereby required to attend and assist upon this occasion and in all Parishes and places where there are no Constables Tithingmen or other publick Officer as aforesaid there without any such Assistance to enter in the day time into any dwelling or other House Edifice Lodgings and Chambers aforesaid And to search and examine whether there be any more Fire-hearths and Stoves in the same then were formerly returned or certified and what Fire-hearths or Stoves are increased or decreased since the former Certificate After which search and examination the said Officer with a Constable or Tythingman or Officers as aforesaid shall have liberty to make the like search and examination once every year And if they shall find any variance in the number returned both the Officer or Officers appointed by his Majesty and the Constable or Tythingman or other Officer as aforesaid to certifie the same under his and their hands to the Clerk of the Peace which Certificate they are hereby enjoyned to make And after approbation thereof by the Iustices of the Peace at their Sessions the same to be certified to his Majesties Remembrancer in the Exchequer and the Officer or Officers so appointed by his Majesty unto the same shall from and after the said Four and twentieth day of June One thousand six hundred sixty four have power to collect and levy the Revenue and Duties so given to his Majesty as aforesaid and all arrears of the same And be it further Enacted That the said Duty shall from time to time be paid after the Feast days of Saint Michael the Arch-Angel and the Annuntiation of the Virgin Mary yearly unto such Officer as shall be appointed by vertue of this present Act to receive the same upon demand thereof made by such Officer or his Deputy at the House Chamber or place where the same Duty shall arise or grow due And that in case of refusal or default of such payment thereof by the space of one hour after such demand the said Officer or his Deputy may at any time with the assistance of a Constable Tythingman or other Officer as aforesaid in the day time levy the said Duty and all the Arrearages thereof by distress and sale of the goods of the party or parties so refusing or making default restoring to the party or parties the over-plus of the value of such goods over and above the Duty and Arrearages thereof then behind and over and above the necessary charges of taking such Distress which Charges shall in no case excéed the one moyety of the Duty and Arrearages thereof so levied Provided always and be it Enacted That no Owners Proprietors or Occupiers of the said Fire-hearths or Stoves shall be charged distrained or molested for the said Duty or any Arrearages thereof at any time after the space of two years next after the Duty hereafter shall become due to his Majesty his Heirs or Successors Nor for any arrearages of the said Duty already incurred after the space of two years from the Four and twentieth day of June One thousand six hundred sixty and four And in case of violent opposition or injury done by any person or persons to any such Officer or his Deputy in the due execution of this Act and the same proved by Oath before any one Iustice of the Peace or Chief Magistrate or Magistrates of the City Town or place dwelling near unto the place who are hereby authorized to administer the said Oath It shall and may be lawful to and for such Iustice of the Peaee Magistrate or Magistrates to punish such offender or offenders if he shall find cause by Imprisonment in the common Goal for any time not excéeding the space of one moneth And from and after the said Four and twentieth day of June One thousand six hundred sixty four all Officers formerly appointed to collect the said Duty shall be discharged from the future collecting and levying the same otherwise then as they are directed by this Act And the said Officer and Officers so appointed by his Majesty to collect this Duty shall pay the same into his Majesties Exchequer to the ends in the said former Acts mentioned Provided That no person or persons shall be employed as aforesaid unless he and they shall first give in sufficient Security to his Majesty his Heirs and Successors for the due collecting levying and paying in of the said Revenue or such part thereof as shall be committed to their respective
that purpose And that the respective Sheriffs shall be allowed or paid from the King upon their respective Accompts in the Exchequer all such charges by them expended for Conveying Embarquing and Transporting of such persons which shall be allowed by the said respective Courts from whence they received their respective Warrants and which shall not have béen by any of the ways aforementioned paid secured or reimbursed unto them as aforesaid How the offender may be discharged upon payment of 100 l. Provided always and be it further Enacted That in case the offender so Indicted and Convicted for the said Third offence shall pay into the hands of the Register or Clerk of the Court or Sessions where he shall be Convicted before the said Court or Sessions shall be ended the sum of One hundred pounds That then the said offender shall be discharged from Imprisonment and Transportation and the Iudgement for the same Punishment of offenders after the third offence And be it further Enacted That the like Imprisonment Indictment Arraignment and Procéedings shall be against every such offender as often as he shall again offend after such Third offence Nevertheless is dischargeable and discharged by the payment of the like sum as was paid by such offender for his or her said offence next before committed together with the additional and increased sum of One hundred pounds more upon every new offence committed the said respective sums to be paid as aforesaid and to be disposed of as followeth viz The one Moyety for the Repair of the Parish Church or Churches How the said penalty of 100 l. shall be disposed Chappel or Chappels of such Parish within which such Conventicle Assembly or Méeting shall be held and the other Moyety to the Repair of the High-ways of the said Parish or Parishes if néed require or otherwise for the amendment of such High-ways as the Iustices of the Peace at their respective Quarter-Sessions shall direct and appoint And if any Constable Headborough or Tythingman shall neglect to execute any the said Warrants made unto them for Sequestring Distraining and Selling any of the Goods and Chattels of any offender against this Act for the Levying such sums of money as shall be imposed for the first or second offence he shall forfeit for every such neglect the sum of Five pounds of lawful money of England the one moyetie thereof to the King and the other moyetie to him that will sue for the same in any of the Kings Courts of Record as is aforesaid And if any person be at any time Sued for putting in Execution any of the powers contained in this Act Persons sued for executing this Act may plead the General issue and recover treble Costs such person shall and may plead the general Issue and give the special matter in evidence And if the Plaintiff be Non-suit or a Verdict pass for the Defendant thereupon or if the Plaintiff discontinue his Action or if upon Demurrer Iudgement be given for the Defendant every such Defendant shall have his or their treble Costs Felony to escape after conviction or to returne after Transportation And be it further Enacted That if any person against whom Iudgement of Transportation shall be given in manner aforesaid shall make escape before Transportation or being Transported as aforesaid shall return unto this Realm of England Dominion of Wales and Town of Berwick upon Tweed without the special License of His Majesty His Heirs and Successors in that behalf first had and obtained That the party so escaping or returning shall be adjudged a Felon and shall suffer death as in case of Felony without benefit of Clergy and shall forfeit and lose to His Majesty all his or her Goods and Chattels for ever and shall further lose to His Majesty all his or her Lands Tenements and Hereditaments for and during the life only of such offender and no longer And that the wife of any such offender by force of this Act shall not lose her Dower nor shall any Corruption of blood grow or be by reason of any such offence mentioned in this Act But that the heir of every such offender by force of this Act shall and may after the death of such offender have and enjoy the Lands Tenements and Hereditaments of such offenders as if this Act had not béen made Seditious and Tumultuous Meetings and Conventicles And for better preventing of the mischiefs which may grow by such Seditious and Tumultuous Méetings under pretence of Religious Worship Be it further Enacted by the authority aforesaid That the Lieutenants or Deputy-Lieutenants or any Commissioned Officers of the Militia or any other of His Majesties Forces with such Troops or Companies of Horse or Foot And also the Sheriffs and Iustices of Peace and other Magistrates and Ministers of Iustice or any of them joyntly or severally within any of the Counties or Places within this Kingdom of England Dominion of Wales or Town of Berwick upon Tweed with such other assistance as they shall think méet or can get in readiness with the soonest on Certificate made to them respectively under the hand and seal of any one Iustice of the Peace or Chief Magistrate as aforesaid of his particular Information or knowledge of such unlawful Méetings or Conventicles held or to be held in their respective Counties or places And that he with such assistance as he can get together is not able to suppress or dissolve the same shall and may and are hereby required and enjoyned to repair unto the place where they are so held or to be held and by the best means they can to dissolve and dissipate or prevent all such unlawful Méetings and take into their custody such of those persons so unlawfully assembled as they shall judge to be the Leaders and Seducers of the rest and such others as they shall think fit to be procéeded against according to Law for such their Offences The penalty of suffering Conventicles in private houses And be it Enacted by the Authority aforesaid That every person who shall wittingly and willingly suffer any such Conventicle unlawful Assembly or Méeting aforesaid to be held in his or her House Out-house Barn or Room Yard or Back-side Woods or Grounds shall incur the same penalties and forfeitures as any other Offender against this Act ought to incur and be procéeded against in all points in such manner as any other offender against this Act ought to be procéeded against Gaolers may not let priso-committed upon this Act to go at large Provided also And be it Enacted by the authority aforesaid That if any Kéeper of any Gaol or House of Correction shall suffer any person committed to his custody for any offence against this Act to go at large contrary to the Warrant of his Commitment according to this Act or shall permit any person who is at large to joyn with any person committed to his Custody by vertue of
this Act in the exercise of Religion differing from the Rites of the Church of England then every such Kéeper of a Gaol or House of Correction shall for every such offence forfeit the sum of Ten pounds to be Levied Raised and Disposed by such persons The Penalty and in such manner as the penalties for the first and second offences against this Act are to be Levied Raised and Disposed Provided always That no person shall be punished for any offence against this Act Within what time offenders must be prosecuted unless such Offender be prosecuted for the same within Thrée moneths after the offence committed And that no person who shall be punished for any offence by vertue of this Act shall be punished for the same offence by vertue of any other Act or Law whatsoever Provided also and be it Enacted Marryed women how to be punished That Iudgement of Transportation shall not be given against any Feme-Covert unless her husband be at the same time under the like Iudgement and not discharged by the payment of money as aforesaid but that instead thereof she shall by the respective Court be committed to the Goal or House of Correction there to remain without Bail or Mainprise for any time not excéeding Twelve moneths unless her Husband shall pay down such sum not excéeding Forty pounds to redéem her from Imprisonment as shall be imposed by the said Court the said sum to be disposed by such persons and in such manner as the Penalties for the first and second offence against this Act are to be disposed Provided also and be it Enacted by the Authority aforesaid That the Iustices of the Peace How Iustices of the Peace may enter into houses suspected for Conventicles and chief Magistrate respectively Impowered as aforesaid to put this Act in execution shall and may with what aid force and assistance they shall think fit for the better execution of this Act after refusal or denial Enter into any House or other place where they shall be informed and such Conventicle as aforesaid is or shall be held Provided That no Dwelling-house of any Péer of this Realm The houses of Peers whilst he or his Wife shall be there resident shall be searched by vertue of this Act but by immediate Warrant from His Majesty under His Sign Manual or in the presence of the Lieutenant or one of the Deputy-Lieutenants or two Iustices of the Peace whereof one to be of the Quorum of the same County or Riding Nor shall any other Dwelling-house of any Péer or other person whatsoever be entred into with force by vertue of this Act but in the presence of one Iustice of the Peace or chief Magistrate respectively except within the City of London where it shall be lawful for any such other Dwelling-house to be entred into as aforesaid in the presence of one Iustice of the Peace Alderman Deputy-Alderman or any one Commissioner of the Lieutenancy for the City of London Provided also and be it Enacted by the Authority aforesaid What persons may be not committed to the house of Correction That no person shall by vertue of this Act be committed to the house of Correction that shall satisfie the said Iustices of the Peace or Chief Magistrate respectively That he or she and in case of a Feme-Covert that her Husband hath an Estate of Frée-hold or Copy-hold to the value of Five pounds per annum or personal estate to the value of Fifty pounds Any thing in this Act to the contrary notwithstanding And in regard a certain Sect called Quakers and other Sectaries Persons served with Process refusing to take an Oath 14 Car. 2. cap. 1. are found not only to offend in the matters provided against by this Act but also to obstruct the procéeding of Iustice by their obstinate refusal to take Oaths lawfully tendered unto them in the ordinary course of Law Therefore be it further Enacted by the Authority aforesaid That if any person or person being duly and legally served with Process or other Summons to appear in any Court of Record except Courts-Léet as a Witness or returned to serve of any Iury or ordered to be examined upon Interrogatories or being present in Court shall refuse to take any Iudicial Oath legally tendered to him by the Iudge or Iudges of the same Court having no legal Plea to justifie or excuse the refusal of the same Oath or if any person or persons being duly served with Process to answer any Bill exhibited against him or them in any Court of Equity or any Suit in any Court Ecclesiastical shal refuse to answer such Bill or Suit upon his or their Corporal Oath in cases where the Law requires such answer to be put in upon Oath or being summoned to be a Witness in any such Court or ordered to be examined upon Interrogatories shall for any cause or reason not allowed by Law refuse to take such Oath as in such cases is required by Law That then and in such case the several and respective Courts wherein such refusal shall be made shall be The Penalty and are hereby enabled to Record Enter or Register such refusal which Record or Entry shall be and is hereby made a Conviction of such offence And all and every person and persons so as aforesaid offending shall for every such offence incur the Iudgement and Punishment of Transportation in such manner as is appointed by this Act for other offences Provided always That if any the person or persons aforesaid shall come into such Court How such persons may be acquitted and take his or their Oath in these words I do swear that I do not hold the taking of an Oath to be unlawful nor refuse to take a◠Oath on that account Which Oath the respective Court and Courts aforesaid are hereby authorized and required forthwith to tender administer and register before the Entry of the Conviction aforesaid or shall take such Oath before some Iustice of the Peace who is hereby authorized and required to administer the same to be returned into such Court such Oath so made shall acquit him or them from such punishment Any thing herein to the contrary notwithstanding Provided always That every person convicted as aforesaid in any Courts aforesaid other then His Majesties Court of Kings Bench or before the Iustices of Assize or General Gaol-Delivery shall by Warrant conteining a Certificate of such Conviction under the hand and seal of the respective Iudge or Iudges before whom such Conviction shall be had be sent to some one of His Majesties Gaols in the same County where such Conviction was had there to remain without Bail or Mainprize until the next Assizes or General Gaol-Delivery where if such person so convicted shall refuse to take the Oath aforesaid being tendered unto him by the Iustice or Iustices of Assize or Gaol-Delivery then such Iustice or Iustices shall cause Iudgement of Transportation to be
executed in such manner as Iudgement of Transportation by this Act is to be executed But in case such person shall take the said Oath then he shall thereupon be discharged Peers offending how to be proceeded against Provided always and be it Enacted by the Authority aforesaid That if any Péer of this Realm shall offend against this Act he shall pay Ten pounds for the first offence and Twenty pounds for the second offence to be levied upon his Goods and Chattels by Warrant from any two Iustices of the Peace or Chief Magistrate of the Place or Division where such Peer shall dwell and that every Péer for the third and every further offence against the tenour of this Act shall be tried by his Péers and not otherwise The continuance of this Act. Provided also and be further Enacted by the Authority aforesaid That this Act shall continue in force for Thrée years after the end of this present Session of Parliament and from thenceforward to the end of the next Session of Parliament after the said Thrée years and no longer CAP. V. Against Disturbances of Sea-men and others and to preserve the Stores belonging to His Majesties Navy Royal. WHereas divers fightings quarrellings and disturbances do often happen in and about His Majesties Offices Yards and Stores for His Majesties Royal Navy and frequent differences and disorders are occasioned in the Office of His Majesties Treasury of the Navy on Pay-days in London Portsmouth and other places of méeting for the service of the said Navy and that either by the unreasonable turbulency of Sea-men and others attending on or relating to that Service or their Creditors or by the rudeness of the Officers intrusted with His Majesties Stores on Land or in his Royal Ships when they are questioned by the principal Officers and Commissioners of the said Navy either for neglect or imbezelment of His Majesties Provisions Ammunitions or other Equipage of the Navy under their charge And that not only to the disturbance of the Peace but sometimes to the danger and hindrance of His Majesties Service both in point of Husbanding His Majesties Revenue and also in dispatch of the Ships on which the honour and safety of His Majesty and Kingdom so much depends which Inconveniences require a spéedier Remedy then the ordinary attendance on the Sessions of the Peace can give the parties accused or offending being many times bound to Sea And the principal Officers and Commissioners for want of authority to suppress such Insolencies and determine such Cases being necessitated to pass by many offences in which His Majesty might be righted if their necessary attendance on that Important Service would permit the prosecution of the Offenders before other ordinary Iudicatures Be it therefore Enacted by the Kings most Excellent Majesty with the advice and consent of the Lords Spiritual and Temporal and Commons in Parliament assembled and by Authority of the same That the Treasurer Comptroller Surveyour Clerk of the Acts and the Commissioners of the Navy for the time being Who may punish disturbances by Sea-men and others relating to the Navy Office or any two or more of them have power and Authority to examine and punish all such person and persons whom they upon their enquiry examination or on view in their presence shall find hereafter to make or have made any disturbance fighting or quarrelling in the Yards Stores or Offices aforesaid at Pay-days or on other occasions relating to the Naval Services in such manner as followeth that is to say That they or any two or more of them may punish any the said offences by Fine Imprisonment or either of them the Fine not excéeding twenty shillings and the Imprisonment not excéeding one wéek and have power in such cases to commit such persons to the next Gaol or to the custody of the Messenger or Messengers for the time being attendant on them who respectively are to receive and detain such person so offending And that the said principal Officers Commissioners or the greater number of them then present have power to discharge such Fine or Imprisonment if they so think fit And for non-payment of the Fine so Imposed and not remitted to imprison the party offending until payment thereof which said Fines shall be paid to the Clerk of the Chest for the use of the maimed Sea-men and that the examination of witnesses be upon oath before them which they any two or more of them are accordingly impowred to administer And it is further by the Authority aforesaid Enacted That the said Officers and Commissioners or any two or more of them in Cases where greater example or punishment is néedful may also bind the person and persons offending to their good behaviour with or without Securities as occasion shall be Imbezilling of Stores and Ammunition And whereas divers of His Majesties Stores and Ammunition pertaining to his Navy and Shipping or service thereof are Imbezelled and Filched away It is by like Authority Enacted That the said principal Officers and Commissioners or any two or more of them by warrant under their hands and seals have power in like manner to enquire and search for the same in all places as Iustices of the Peace may do in case of Felony and punish the Offenders by such Fine and Imprisonment as aforesaid and cause the Goods to be brought in again And if th◠offence be of such nature as doth require a higher and severer punishment Then that they or any two or more of them may commit such offenders to the next Gaol or to the custody of their Messenger or Messengers aforesaid till he or they so offending enter into Recognizance with Surety or Sureties according to the nature of the offence to appear and answer to the same in his Majesties Court of Exchequer or other Court where his Majesty shall question him or them for the same within one year following on process duly served for that purpose on such offender or offenders And it is Declared and Enacted by the Authority aforesaid That they the said principal Officers and Commissioners or any two or more of them may put in use the said powers on the Offenders as aforesaid in all places where they hold an Office for his Majesty as well within Liberties as without Any Law Statute Ordinance Charter or Priviledge to the contrary notwithstanding This Act to continue for two years from the First day of June The continuance of this Act. 19 Car. 2. cap. 7. One thousand six hundred sixty and four And from thence to the end of the next Session of Parliament CAP. VI. To prevent the delivering up of Merchants Ships WHereas it often happeneth that Masters and Commanders of Merchants Ships do suffer their Ships to be boarded and the goods to be taken out by Pyrats and Sea-Rovers notwithstanding they have sufficient force to defend themselves whereby not only the Merchants are much prejudiced but the honour of the English Navigation
de vicineto de A. Quorum quilibet habeat viginti libras terrae tenementorum vel reddit per annum ad minus per quos c. qui nec c. And the residue of the said Writ shall be after the ancient manner And that those Writs which shall be awarded and directed for Returning of Iuries within the Dominion of Wales shall be made in the same manner altering onely the word Viginti into Octo. And that upon every such Writ and Writs of Venire facias Wales the Sheriff Coroner or other ministers of each respective County in England and Wales Penalty upon the Sheriff c. unto whom the making of the Pannel shall appertain shall not return in any such Pannel any person unless he shall then have Twenty pounds or Eight pounds respectively by the year at least as aforesaid in the same County where the Issue is to be tryed upon pain to forfeit for every person being returned in any such Pannel that shall not then have Twenty pounds or Eight pounds respectively as is aforesaid the sum of Five pounds to His Majesty His Heirs and Successors And for the better enabling the Sheriff of every County to know the value of the Estates of such persons as are by the true intent and meaning of this Act to be returned for Iury-men Be it further Enacted How the Sheriff shall find out persons fit to be returned for Iury-men That every Sheriff shall on the first day of every General Quarter-Sessions yearly held next after the Feast of Easter deliver or cause to be delivered unto the Iustices of Peace sitting at the same Sessions the names of all persons of such Estates as are by the true meaning of this Act to be returned for Iury-men to the end the Estates of such persons may be enquired after and such persons approved of by the said Iustices of Peace or the greater number of them then present to be persons of such Estates to be returnable for Iury-men for the year then next ensuing And the said Iustices shall have power to add such persons having Estates of the respective values before mentioned as they shall find to be omitted by the Sheriff amongst the names by him delivered and such competent number and no more of such persons as aforesaid shall be returnable to serve of Iuries for the year next ensuing as the said Iustices or the greater number of them as aforesaid shall think fit And that no Sheriff shall incur the penalty aforesaid for returning any of the persons so approved or added by the Iustices in case his Estate fall out to be of less value then aforesaid And it is further Enacted That no Sheriff or Bailiff of any Liberty or Franchise What time summons ought to be before appearance or any of their or either of their Ministers shall return any such person or persons as aforesaid to have been summoned by them or any of them unless such person or persons shall have been duly summoned by the space of six days at the least before the day on which they ought to make their appearance And have left with or for such persons in writing the names of all the parties in those Causes wherein they are to serve as Iurors Nothing may be taken to excuse appearance The Penalty nor shall directly or indirectly take any money or other reward to excuse the appearance of any Iuror by them or any of them to be summoned or returned upon pain to forfeit for every such offence the sum of Ten pounds Saving to all Cities and Towns Corporate their ancient Vsage of returning Iurors of such Estate and in such manner as heretofore hath béen used and accustomed And be it further Enacted by the Authority aforesaid That from henceforth upon Writs of Venire facias issued out and returned within the County-Palatine of Lancaster County-Palatine of Lancaster as of the same Assizes wherein the Issues are said to be joyned Writs of Habeas Corpora or Distringas shall be sued out like as is used in all other Counties within this Kingdom returnable at the then next Assizes And the Sheriff thereupon to return such Issues as is or ought to be done by the said Sheriffs of the said other Counties and those Issues to be duly estreated as above is provided And the better to cause and bring Iurors to appear upon Trials at Assizes within the said County-Palatine of Lancaster Be it further Enacted by the Authority aforesaid That the Sheriff of the same County-Palatine of Lancaster for the time being shall from henceforth cause twelve good and lawful men so qualified as before in this Act is appointed out of every of the six Hundreds within the said County-Palatine to be duly summoned or warned ten days at the least before the beginning of every Assizes to be and appear the first day of the then next Assizes and there to attend during the same Assizes to perform their duty and service to the Court as Iurors or Iurymen in such Causes betwéen party and party wherein they shall be respectively returned and impannelled upon pain that every of them that shall make default to appear and attend at and during the said Assizes to forfeit Ten pounds to the use and behoof of the Poor of the Town where such person or persons so making default doth inhabit and live the same to be levied recovered and had in such manner and ways as other Issues of Iurors use to be levied Provided That this Act shall continue and stand in force for the space of Thrée years The continuance of this Act. and from thence to the end of the next Session of Parliament and no longer CAP. IV. An Additional Act for the better Ordering and Collecting the Duty of EXCISE FOr the better Ordering and Collecting the Duty of Excise Be it Enacted and Declared by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by the Authority of the same That from and after the eighth day of November Powers given to Farmers of Excise which shall be in the year of our Lord One thousand six hundred sixty and five all Farmers of Excise or any of them within the several Circuits and Divisions of their respective Farms shall and are enabled hereby to exercise and put in Execution all such Powers and Authorities which the Commissioners or Sub-Commissioners of Excise are enabled to do and execute by the several Acts and Statutes of Excise for the levying raising receiving and managing of the said Revenue of Excise 12 Car. 2. cap. 24. 15 Car. 2. cap. 11. cap. 12 Except the Iudicial part of hearing and determining all breaches and offences against the Laws of Excise and of imposing mitigating or compounding of Fines or Penalties CAP. V. Delays in extending Statutes Judgments and Recognizances prevented Security by Statute
the ancient High-way and Post-road leading from London to York London York Lincolnshire and from London into Lincolnshire there should be a Toll paid at a certain place in every of the said several and respective Counties and for Hertfordshire at Wades-Mill in the said County which said Toll so set is by the said Act to continue the space of eleven years and no longer with this provision That if the Iustices of the Peace at their Quarter Sessions in the respective Counties shall before the expiration of eleven years adjudg the said Repairs to be sufficiently done that from thenceforth it should cease And whereas divers Gentlemen within the County of Hertford have heartily set themselves to take care for the repairing of the said ways within their County And in order thereunto finding that money could not be advanced by the Toll in so speedy a manner as to repair those ruinous ways And that none would lend their money on that Security did upon their own credits borrow thirtéen hundred pounds on Interest to effect the work intended by the said Act which sum accordingly is laid out together with such money as hath procéeded from the Toll before mentioned in the repair of the said High-way by which means they have so amended the said Road lying in that County leading from London to York that they have made the same from a Road impassable to be to the satisfaction of all that travel that way very passable and convenient but by reason of the great sum expended and laid out so borrowed as aforesaid the Toll will not be sufficient to repay the same within the years mentioned in the former Act with Interest for the same and to finish the said work Hertford Cambridg Norfolk New-Market Puckeridge Barley And whereas there is a Road in the said County of Hertford that leads from London to Cambridg and so into Norfolk and likewise to New-Market and so into Suffolk and other parts which goes out of the forementioned Road at the end of the Town of Puckeridge and so leadeth to Barly in the said County of Hertford which is very ruinous and requires as much the help of the Toll in many places as the forementioned Road did May it therefore please Your Majesty that it be Enacted and be it Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by Authority of the same That the Toll aforementioned to be taken at VVades-Mill for the County of Hertford II. The full taken at Wades-Mill continued that by the former Act was to continue for eleven years and no longer shall continue for the said County of Hertford for the space of One and twenty years and no longer the said Term to commence from the time mentioned in the Act before mentioned and the money arising therefrom to be imployed for the payment of the Debt aforesaid with Interest and also for further Repair of the High-way It is further Enacted and Declared by the Authority aforesaid That the persons impowred in the forementioned Act for the repair of the High-ways within the County of Hertford shall have the same power to repair the said High-ways leading from Puckeridge to Barley in the said County For repairing the high-way from Puckeridg to Barley as they have to repair the High-way in the said County leading from London to York And that they shall and may apply such part of the Toll thereunto having an equal care of both High-ways as they in their Iudgments shall find néedful Any thing in the said former Act to the contrary notwithstanding Caxton And whereas by the former recited Act a Toll was erected and set to be taken at the Town of Caxton in the County of Cambridge for and towards the repairing the High-ways in the said County the said Toll doth prove useless and will not answer the end for which the same was intended by reason of the Inconveniency of the place where the same was set Arrington-bridg Be it therefore Enacted by the Authority aforesaid That the said Toll be and is hereby removed from the said Town of Caxton unto Arrington-Bridg or the Town of Arrington as shall séem most convenient by the Iustices of the Peace of the said County at their next Easter General-Quarter-Sessions of the Peace in the County aforesaid And that the same Toll shall be taken and received at Arrington-Bridg or Arrington-Town aforesaid according to the Rates and by the same ways and means as in the former Act was appointed and declared and to be imployed to the uses purposes and intents therein also declared any thing to the contrary in any wise notwithstanding A charge of six pence in the pound for repairing the said high-ways Provided always That all and every person and persons who by Law are chargeable towards the repairing of the said High-ways and Places aforesaid shall still remain so chargeable and pay six pence in the pound yearly according to the true value of their Estate for and towards the repair of the said High-ways during the time of the continuance of this Toll any thing in this Act to the contrary thereof in any wise notwithstanding III. The collector of the toll how to account weekly And be it further Enacted by the Authority aforesaid That the Collector of this Toll shall wéekly account to the Receiver-General for the whole money received by vertue of this or the said former Act And the next Iustice of the Peace for the said County shall hereby have power to give an Oath to the said Collectors for the making of a true and perfect account of the money so received which said account so made shall be returned into the next General-Quarter-Sessions to be held for the said County by the Iustice of Peace before whom such Oath was taken Proviso touching the continuance or determining the said toll Provided also That if at any time before the expiration of the said term of One and twenty years the said High-ways shall be well and sufficiently amended and repaired and so adjudged at the publick Quarter Sessions for the County of Hertford and that such Sum or Sums of money as is already borrowed and laid out or shall be borrowed and laid out for the use aforesaid be repaid with interest for the same That from and after such Adjudication made and repayment of such money so borrowed and laid out as aforesaid the aforesaid Toll in the said County shall cease and determine Proviso for adjudication of the amendment of the said high-ways And be it further Enacted by the Authority aforesaid That in case the Highways within the said County of Hertford shall be sufficiently amended and that the Iustices of the Peace at their Quarter-Sessions shall fail to make an Adjudication thereof That then in such default of the said Iustices of the Peace
for the Establishing the Form of Making â—4 Car. 2. 〈◊〉 4 Ordaining and Consecrating of Bishops Priests and Deacons in the Church of England according to the said Act or any other subsequent Act. And whereas they or some of them and divers other person and persons not Ordained according to the Form of the Church of England and as have since the Act of Oblivion taken upon them to Preach in unlawful Assemblies Conventicles or Méetings under colour or pretence of Exercise of Religion contrary to the Laws and Statutes of this Kingdom have setled themselves in divers Corporations in England sometimes Thrée or more of them in a place thereby taking an opportunity to distill the poysonous Principles of Schism and Rebellion into the hearts of His Majesties Subjects to the great danger of the Church and Kingdom Be it therefore Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled Persons restrained from Inhabiting in Corporations and by the Authority of the same That the said Parsons Vicars Curates Lecturers and other persons in holy Orders or pretended holy Orders or pretending to holy Orders and all Stipendaries and other persons who have béen possessed of any Ecclesiastical or Spiritual Promotion and every of them who have not declared their unfeigned assent and consent as aforesaid and subscribed the Declaration aforesaid and shall not take and subscribe the Oath following The Oath I A. B. Do Swear That it is not lawful upon any pretence whatsoever to take Arms against the King and that I do abhor that Traiterous Position of taking Arms by His Authority against His Person or against those that are Commissionated by him in pursuance of such Commissions And that I will not at any time endeavour any Alteration of Government either in Church or State And all such person and persons as shall take upon them to Preach in any unlawful Assembly Conventicle or Méeting under colour or pretence of any Exercise of Religion contrary to the Laws and Statutes of this Kingdom shall not at any time from and after the Four and twentieth day of March which shall be in this present year of our Lord God One thousand six hundred sixty and five unless onely in passing upon the Road come or be within Five miles of any City or Town Corporate or Burrough that sends Burgesses to the Parliament within His Majesties Kingdom of England Principality of Wales or of the Town of Berwick upon Tweed or within Five miles of any Parish Town or place wherein he or they have since the Act of Oblivion béen Parson Vicar Curate Stipendary or Lecturer or taken upon them to Preach in any unlawful Assembly Conventicle or Méeting under colour or pretence of any Exercise of Religion contrary to the Laws and Statutes of this Kingdom before he or they have taken and subscribed the Oath aforesaid before the Iustices of the Peace at their Quarter-Sessions to be holden for the County Riding or Division next unto the said Corporation City or Burrough Parish place or Town in open Court which said Oath the said Iustices are hereby Impowred there to Administer upon forfeiture for every such offence the sum of Fourty pounds of lawful English money The Penalty the one Third part thereof to His Majesty and his Successors the other Third part to the use of the poor of the Parish where the offence shall be committed and the other third part thereof to such person or persons as shall or will sue for the same by Action of Debt Plaint Bill or Information in any Court of Record at Westminster or before any Iustices of Assize Oyer and Terminer or Gaol-Delivery or before any Iustices of the Counties Palatine of Chester Lancaster or Durham or the Iustices of the great Sessions in Wales or before any Iustices of Peace in their Quarter-Sessions wherein no Essoign Protection or Wager of Law shall be allowed Provided always and be it further Enacted by the Authority aforesaid That it shall not be lawful for any person or persons restrained from coming to any City Town Corporate Burrough Parish Town or place as aforesaid or for any other person or persons as shall not first take and subscribe the said Oath and as shall not frequent Divine Service established by the Laws of this Kingdom and carry him or her self reverently decently and orderly there to Teach any publique or private-School or take any Boarders or Tablers that are Taught or Instructed by him or her self or any other upon pain for every such offence to forfeit the sum of Forty pounds to be recovered and distributed as aforesaid Provided also and be it further Enacted by the Authority aforesaid That it shall be lawful for any Two Iustices of the Peace of the respective County upon Oath to them of any offence against this Act which Oath they are hereby Impowred to Administer to Commit the Offender for Six moneths without Bail or Mainprise unless upon or before such Commitment he shall before the said Iustices of the Peace Swear and Subscribe the aforesaid Oath and Declaration Provided always That if any person intended to be Restrained by vertue of this Act shall without fraud or covin be Served with any Writ Subpoena Warrant or other Process whereby his personal appearance is required his obedience to such Writ Subpoena or Process shall not be construed an offence against this Act. CAP. III. For Uniting Churches in Cities and Towns Corporate FOrasmuch as the setled Provision for Ministers in most Cities and Towns Corporate within this Realm is not sufficient for the Maintenance of able Ministers fit for such places whereby Mean and Stipendary Preachers are entertained to serve the Cures there who wholly depending for their Maintenance upon the good will and liking of their Auditors have béen and are hereby under temptation of too much complying and suiting their Doctrine and Teaching to the humour rather then good of their Auditors which hath béen a great occasion of Faction and Schism and of the contempt of the Ministry The Lords and Commons in Parliament Assembled being deeply sensible of the ill consequence thereof and piously desiring able Ministers in such places and a competent setled Maintenance for them by the Vnion of Churches which is also become necessary by reason of the great Ruine of many Churches and Parishes in the late ill times and otherwise Do therefore most humbly beséech Your most Excellent Majesty That it may be Enacted and be it Enacted by the Kings most Excellent Majesty In what Cities and Towns and how Churches and Chappels may be united by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by the Authority of the same That in every City or Town Corporate and their Liberties within the Kingdom of England and Dominion of Wales which
in force until the end of Seven years from the expiration or determination of the fore-mentioned Act. And be it further Enacted by the Authority aforesaid That the benefit of Clergy shall be taken away from great known and notorious Thieves and Spoil-takers in the said Counties of Northumberland Cumberland or either of them during the continuance of this present Act Clergy taken away from notorious Theives in Northumberland Cumberland who shall be duly Convicted for Theft done or committed within the said Counties or either of them Or otherwise That it shall and may be lawful to and for the Iustices of the Assize and Commissioners of Oyer and Terminer or Gaol-delivery before whom such Offenders shall be Convicted within the said Counties or either of them to Transport or cause to be Transported the said Offenders and every of them into any of His Majesties Dominions in America there to remain and not to return Any former Law Statute or Vsage to the contrary in any wise notwithstanding CAP. IV. For Burying in Woollen onely FOr the Encouragement of the Woollen Manufactures of this Kingdom and prevention of the Exportation of the Moneys thereof for the Buying and Importing of Linnen Woollen Manufactures encouraged Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled and by the Authority thereof That from and after the Five and twentieth day of March in the year of our Lord One thousand six hundred sixty seven No person or persons whatsoever shall be buried in any Shirt None shall be buried but in Woollen Shift or Shéet made of or mingled with Flax Hemp Silk Hair Gold or Silver or other then what shall be made of Wooll onely or be put into any Coffin lined or faced with any thing made of or mingled with Flax Hemp Silk or Hair upon pain of the forfeiture of the sum of Five pounds Penalty to be imployed to the use of the poor of the Parish where such person shall be buried for and towards the providing a Stock or Work-house for the setting them at work to be levied by the Churchwardens and Overséers of the Poor of such Parish or one of them by Warrant from any Iustice of the Peace or Mayor Alderman or Head-officer of such City Town or place Corporate respectively within their several Limits by Distress and Sale of the Goods of the party Interred contrary to this Act rendring the overplus or in default thereof by Distress and Sale of the Goods of any that had a hand in the putting such person into such Shift Shirt Shéet or Coffin contrary to this Act or did order or dispose the doing thereof to be levied and imployed as abovesaid Proviso for persons dying of the Plague Provided That no penalty appointed by this Act shall be incurred for or by the reason of any person that shall die of the Plague though such person be buried in Linnen CAP. V. For Encouraging for Coynage WHereas it is obvious That the plenty of Current Coyns of Gold and Silver of this Kingdom is of great advantage to Trade and Commerce For the Increase whereof Your Majesty in Your Princely Wisdom and Care hath béen graciously pleased to bear out of Your Revenue half the Charge of the Coynage of Silver-money For the preventing of which Charge to Your Majesty Encouragement for bringing Gold and Silver into the Realm and the Encouragement of the bringing of Gold and Silver into the Realm to be converted into the Current Money of this Your Majesties Kingdom We Your Majesties Dutiful and Loyal Subjects do Give and Grant unto Your Majesty the Rates Duties or Impositions following And do beséech Your Majesty that it may be Enacted And be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same That whatsoever person or persons Native or Foreigner Alien or Stranger Silver or Gold brought in to be Coyned shall from and after the Twentieth day of December One thousand six hundred sixty and six bring any Foreign Coyn Plate or Bullion of Gold or Silver in Mass Molten or Allayed or any sort of Manufacture of Gold or Silver into His Majesties Mint or Mints within the Kingdom of England to be there Melted down and Coyned into the current Coyns of this Kingdom shall have the same there Assayed Melted down and Coyned with all convenient spéed without any Defalcation Diminution or Charge for the Assaying Coynage or Wast in Coynage So as that for every pound Troy of Crown or Standard-Gold that shall be brought in and delivered by him or them to be Assayed Melted down and Coyned as aforesaid there shall be delivered out to him or them respectively a pound Troy of the current Coyns of this Kingdom of Crown or Standard-Gold And for every pound Troy of Sterling or Standard-Silver that shall be brought in and delivered by him or them to be Assayed Melted down and Coyned as aforesaid there shall be delivered out to him or them respectively a pound Troy of the current Coyns of this Kingdom of Sterling or Standard-Silver and so proportionably for a greater or lesser weight And for every pound Troy of Gold or Silver that shall be brought in and delivered to be Assayed Melted down and Coyned as aforesaid that shall be finer upon Assay then Crown-Gold or Standard-Silver there shall be delivered for the same so much more then a pound Troy as the same doth in proportion amount unto in â—â—neness and value And for every pound Troy of Gold or Silver that shall be brought in and delivered to be Assayed Melted down and Coyned as aforesaid that shall be courser or baser upon Assay or worse in value then Crown-Gold or Standard-Silver there shall be delivered for the same so much less then a pound Troy as the same doth fall short in fineness or value and so for a greater or lesser quantity And it is hereby further Enacted by the Authority aforesaid That there shall be no preference in point of Assaying or Coynage There shall be no under preference but money Coyned shall be delivered out in order but that all Gold and Silver brought in and delivered into the Mint to be Assayed and Coyned shall be Assayed Coyned and delivered out to the respective Importers according to the order and times of bringing in and delivering the same into the Mint or Mints and not otherwise So as he that shall first bring in and deliver any Gold or Silver to be Coyned shall be taken and accounted the first person to have the same Assayed Coyned and Delivered And he or they that shall bring in and deliver any Gold or Siver next to be accounted the second person to have the same Assayed Coyned and Delivered and so successively
Estate or Estates Title or Interest which Sale so made and Inrolled of Record according to the Custom or Vsage of the said City for Inrollment of Bargains and Sales shall be final and conclusive to all other persons whatsoever and shall bar them their Heirs and Assigns to claim any Estate Right Title or Interest of in or out of the Grounds so sold precedent to the said Sale And the Purchaser or Purchasers thereof his and their Heirs and Assigns shall and may by vertue of this Act have hold and enjoy the same against all persons claiming any Estate Right Title or Interest into or out of the same his and their Heirs Executors Administrators and Assigns fréed and discharged of and from Incumbrances in Estate Title Charge or otherwise precedent to the said Sale And to the end the said Builders may receive due encouragement by having the materials for building at reasonable Prices and getting of Workmen for moderate wages Be it further Enacted That in case of Combination or unreasonable Exaction by Brick-makers Tile-makers Who may in case of unreasonable exactions set rates upon Materials and Workmen and Lime-burners It shall and may be lawful for the Iustices of the Court of Kings Bench or any two or more of them upon the complaint of the said Mayor and Court of Aldermen to call before them such a number of Brick-makers Tile-makers and Lime-burners making or burning Brick Tile or Lime at any place within Five miles distance of the River of Thames as they shall think fit and upon conference with them had concerning the premisses if they will be present or otherwise in their absence to Assess such reasonable Prices from time to time upon every Thousand of the said Bricks and Tiles and upon every hundred of the said Lime and every greater or lesser quantity to be delivered at the several Kilns And also of all Carriages of the same Materials from the said Kilns to the said City whether by Land or by Water as may equally respect the honest profit of the said Brick-makers Tile-makers Lime-burners and Carriers and the necessity and convenience of the Builder Labourers Wages And to the intent no Brick-maker Tile-maker Lime-burner Carpenter Brick-layer Mason Plaisterer Ioyner Plumber or other Artificer Workman or Labourer may make the common calamity a pretence to extort unreasonable or excessive Wages Be it likewise Enacted That in case of combination or exaction of unreasonable Wages by the said Artificers Workmen or Labourers or any of them the said Iustices of the Court of Kings-Bench or any two or more of them upon the like complaint of the said Lord Mayor and Court of Aldermen shall and may from time to time limit rate and appoint the Wages of the said Artificers Workmen and Labourers by the day wéek or otherwise and what wages every of the said Workmen shall have by the great by the Foot Yard Rod or Perch or for any greater Quantity which said Rates together with the Prices of the said Materials and Carriages so assessed being set down in a Table and Proclamation thereof made by the Lord Mayor for the time being accordingly the same shall effectually bind all persons therein concerned And if any of the said Artificers refuse to sell the said Materials for the Prices so assessed or any of the said Carpenters Bricklayers Masons Plaisterers Ioyners Plumbers or other Workmen or Labourers shall either refuse to work for the Wages so assessed or shall depart from his said work after he hath undertaken to do the same without Licence of such person or persons as imployed him and before it be finished unless it be for non-payment of his hire or other just cause to be allowed before one Iustice of the Peace of such place where the offence shall be committed or if any person or persons whatsoever shall by any secret ways or means give covenant article or agrée to give directly or indirectly by himself or any other for him any other or greater Wages Prices or other Commodity then shall be so assessed the said Offender and Offenders being thereof legally convict by the Oaths of one or more witnesses which Oath the said Iustice is hereby impowred to administer shall be by the said Iustice of the Peace forthwith committed to the Common Gaol there to remain by the space of one Moneth without Bail or Mainprize unless he shall pay or cause to be paid for every such Offence to the said Iustice of the Peace such Fine as by the discretion of the said Iustice shall be set upon any such Offender not excéeding Ten pounds Out of which Fine the said Iustice shall and may award and pay unto the party injured such satisfaction as he shall judge reasonable and the residue thereof shall pay unto the Chamberlain of London for the time being to be imployed for and towards the re-edifying of the Publick Buildings of the City aforesaid Forâ—iners may as Freemen work in London And be it further Enacted That all Carpenters Bricklayers Masons Plaisterers Ioyners and other Artificers Workmen and Labourers to be imployed in the said Buildings who are not Frée-men of the said City shall for the space of Seven years next ensuing and for so long after as until the said Buildings shall be fully finished have and enjoy such and the same liberty of working and being set to work in the said Building as the Fréemen of the City of the same Trades and Professions have and ought to enjoy Any Vsage or Custom of the City to the contrary notwithstanding And that such Artificers as aforesaid which for the space of Seven years shall have wrought in the rebuilding of the City in their respective Arts shall from and after the said seven years have and enâ—oy the same Liberty to work as Fréemen of the said City for and during their natural lives Provided always That such Artificers claiming such Priviledges shall be liable to undergo all such Offices and to pay and perform such Duties in reference to the Service and Government of the City as Fréemen of the City of their respective Arts and Trades are liable to undergo pay and perform Who may determine differences between Builders about stopping Lights c. And to remove all obstacles which otherwise may hinder so good and profitable a work Be it further Enacted by the Authority aforesaid That all differences arising betwéen the said Builders or any others concerning placing and stopping up of Lights Windows Water-courses or Gutters which may hinder or retard the said Building shall and may be heard mediated and determined if it may be by the Alderman of the Ward where the cause of any such difference shall arise and his Deputy and if either the said Alderman or his Deputy be concerned as parties in the controversie or that they cannot determine the said Differences that then and in every such case the same be certified by the said Alderman or his Deputy unconcerned therein to the
and Court of Aldermen are hereby authorized by vertue of this Act to issue out a Warrant or Warrants to the Sheriffs of London who are hereby required accordingly to Impannel and return a Iury before the said Lord Mayor and Court of Aldermen Which Iury upon their Oaths to be administred by the said Lord Mayor and Court of Aldermen are to Inquire and Assess such Damage and Recompence as they shall judge fit to be awarded to the Owners and others interested according to their several and respective Interests and Estates of and in any such Houses or Ground or any part thereof for their respective Interests and Estates in the same as by the said Lord Mayor Aldermen and Commons in Common Council assembled shall be adjudged fit to be converted for the purposes aforesaid And such Verdict of the Iury and Iudgement of the said Lord Mayor and Court of Aldermen thereupon and the payment of the sum or sums of money so awarded or adjudged to the Owners and others having Estate or Interest or Tender and refusal thereof shall be binding to all intents and purposes against the said Parties their Heirs Executors Administrators and Assigns and others claiming any Title or Interest in the said Houses or Ground and shall be a full Authority for the said Lord Mayor Aldermen and Commons to cause the same to be converted and used for the purposes aforesaid Houses which shall be bettered in value And forasmuch as the Houses now remaining and to be rebuilt will receive more or less advantage in the value of their Rents by the liberty of Air and frée Recourse for Trade and other Conveniencies by such Regulation and Inlargement It is also Enacted by the Authority aforesaid That in case of refusal or incapacity as aforesaid of the Owners or others interessed of or in the said Houses to agrée and compound with the said Lord Mayor Aldermen and Commons for the same Thereupon a Iury shall and may be Impannelled in manner and form aforesaid to Iudge and Assess upon the Owners and others interessed of and in such Houses such competent sum and sums of Money with respect to their several Interests in consideration of such improvement and melioration as in reason and good conscience they shall think fit And all sums of Money that shall be so Assessed and Raised as aforesaid shall be paid to the Chamberlain of the City of London for the time being who is hereby enabled from time to time to receive and recover the same by Action at Law and whose Receipt shall be a good Discharge to such Owners or others interessed And who is hereby appointed to receive and pay and be accomptable for the same according to such Directions as shall from time to time be given him by the said Lord Mayor Aldermen and Commons And the Money so raised shall be wholly imployed towards payment and satisfaction of such Houses and Ground as shall be converted into Stréets Passages Markets and other publick places aforesaid And such satisfaction so given or tendered and refused as aforesaid shall devest the Propriety Estate and Interest of the respective Owners and others having Interest of and in such parcels of Ground so to be taken and imployed for the uses aforesaid by vertue of this Act Which shall be and are hereby actually Setled and Invested in the said Lord Mayor Commonalty and Citizens of the City of London and their Successors in like manner as other the Common-stréets and High-ways within the said City Who may hear and determine differences of several claims of Estates And in case any Controversies or Differences shall happen to arise betwéen several persons that shall claim several Estates or Interests into or out of any Grounds to be sold by the said Mayor Aldermen and Common Council or by them to be taken and disposed of by vertue and in pursuance of this Act to and for the uses aforesaid That then the Iustices of the Courts of Kings Bench and Common Pleas and Barons of the Coif of the Exchequer for the time being or any thrée or more of them shall be and are hereby authorized to hear and finally to order and determine the same in a summary way of procéeding and without the formalities or ordinary course of procéedings used in any the said Courts to order and award such Distribution to be made of the Money thereby arising for the satisfying of such several Interests and Claims as to them shall séem just and reasonable according to the respective Estate or Estates Title or Interests of the person or persons making Claim thereunto According to which order and distribution to be made and appointed by the said Iustices and Barons or any three or more of them the said Purchase-money shall be satisfied and paid by the said Chamberlain to the said several persons respectively The second of September appointed a day of Humiliation in the City yearly forever And that the said Citizens and their Successors for all the time to come may retain the Memorial of so sad a Desolation and reflect seriously upon their manifold Iniquities which are the unhappy causes of such Iudgements Be it further Enacted That the Second day of September unless the same happen to be Sunday and if so then the next day following be yearly for ever hereafter observed as a day of Publick Fasting and Humiliation within the said City and Liberties thereof to implore the Mercies of almighty God upon the said City to make devout Pray and Supplication unto him to divert the like Calamity for the time to come A Pillar to be set in memory of the Fire And the better to preserve the memory of this Dreadful Visitation Be it further Enacted That a Column or Pillar of Brass or Stone be erected on or as near unto the place where the said Fire so unhappily began as conveniently may be in perpetual Remembrance thereof with such Inscription thereon as hereafter by the Mayor and Court of Aldermen in that behalf be directed Tender of money at the Assurance Office or the Royal Exchange And be it Enacted And it is hereby Enacted by the Authority aforesaid That all Tenders of Money or Payment thereof which by any Bonds Covenants or other Obligations or Assurance whatsoever ought to be made in the late Assurance-Office or in any other place on the late Royal Exchange London shall or may be made at or in the present Assurance-Office in Gresham-House And shall be as valid and legal to all intents and purposes and discharge the Obligor as fully and amply as if they had béen made in the first intended place on the said Royal Exchange And it is hereby further Enacted That the Parish-Churches to be Rebuilded within the said City of London in lieu of those which were Demolished by the late Fire Parish Churches to be rebuilded shall not excéed the number of Thirty nine Which shall be set out and appointed by and with the
 14 3 8 Principal Discharges upon Peers In the first Story in the Fronts Inches  Inches 13 and 12 15  13 Binding Joysts with their Trimming Joysts Thickness Inches  5 depth equal to their own Floors Wall-plates or raising Pieces and Beams Inches  Inches 10 and 6 8  6 7  5 Lintels of Oak in the  Inches  Inches 1st 2d story 8 6 3d story 5  4 For the Roof Principal Rafters from Length  Thickness Foot Foot Inches Inches 15 to 18 at foot 9 7 at top 7 18-21 at foot 10 8 at top 8 21-24 at foot 12 8 ½ at top 9 24-26 at foot 13 9 at top 9 Purlines from Length   Foot Foot Inches Inches 15 to 18 9 8 18-21 12 9 Single Rafters  Foot Inches Inches not exceeding in length 9 5 4 not exceeding in length 6 4 3 ½ Scantlings for Sawed Timber and Laths usually brought out of the West-Countrey not less then  Breadth Thickness  Foot Inches Inch. Single Quarters in length 8 3 ½ 1 ¾ Double Quarters in length 8 4 3 ½ Sawed Joysts in length 8 6 4 Laths in length 5 1 ¼ 1 quarter ½ of Inch. 4   Stone Where Stone is used to keep to these Scantlings First sort of Houses  Inches Corner Peers 18 square Middle or single Peers 14 and 12 Double Peers between House House 14 and 18 Door-jambs and Heads 12 and 8 2d 3d sorts  Foot Inches Corner Peers 2-6 square Middle or single Peers 18 square Double Peers between House House 24 and 18 Doors-jambs and Heads 14 and 10 Scantlings for Sewers Foot  Thickness  3 wide Side-walls 1 brick Bottom paved plain and then 1 brick an edge circular 5 high Arch 1 brick on end General Rules IN every Foundation within the Ground add one Brick in thickness to the thickness of the Wall as in the Scheme next above the Foundation to be set off in Thrée Courses equally on both sides That no Timber be laid within Twelve Inches of the Foreside of the Chimney-Iambs And that all Ioysts on the Back of any Chimney be laid with a Trimmer at Six Inches distance from the Back That no Timber be laid within the Tunnel of any Chimney upon penalty to the Workman for every default Ten shillings and Ten shillings every Wéek it continues unreformed That no Ioysts or Rafters be laid at greater distances from one to the other then Twelve Inches and no Quarters at greater distance then Fourtéen Inches That no Ioysts bear at longer length then Ten Foot and no single Rafters at more in length then Nine Foot That all Roofs Window-frames and Cellar-floors be made of Oak The Tile-pins of Oak No Summers or Girders to lie over the Head of Doors and Windows No Summer or Girder to lie less then Ten Inches into the Wall no Ioysts then Eight Inches and to be laid in Loame CAP. IV. For Relief of poor Prisoners and setting of them on Work WHereas there is not yet any sufficient Provision made for the Relief and setting on work of poor and néedy persons committed to the Common Gaol for Felony and other misdemeanors who many times perish before their Trial and the Poor there living idly and unimployed become debauched and come forth instructed in the practice of Thievery and lewdness For remedy whereof Be it Enacted by the Kings most Excellent Majesty with advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by Authority of the same That the Iustices of the Peace of the respective Counties How Stocks may be provided for setting the poor on work at any their General Sessions or the major part of them then there assembled if they shall find it néedfull so to do may provide Stock of such Materials as they find convenient for the setting poor Prisoners on work in such manner and by such ways as other County-charges by the Laws and Statutes of the Realm are and may be levied and raised And to pay and provide fit persons to oversée and set such Prisoners on work and make such Orders for Accompts of and concerning the premisses as shall by them be thought néedful and for punishment of neglects and other abuses and for bestowing of the Profit arising by the labour of the Prisoners so set on work for their Relief which shall be duly observed And may alter revoke or amend such their Orders from time to time Provided that no Parish be rated above Sir pence by the wéek towards the premisses having respect to the respective values of the several Parishes And whereas sometimes by occasion of the Plague and otherwhiles by the great number of Prisoners great and infectious Diseases have happened among the Prisoners Sickness and Diseases hapning among Prisoners whereby it hath come to pass sometimes that the Iudges Iustices and Iurors have upon occasion of their Attendance at the Trial of Prisoners béen infected and many of them died thereof and sometime such Infection hath spread in the Country For some Remedy therein Be it by the same Authority Enacted That any Sheriff of the respective Counties having the Custody of the Gaol or such persons who have the Custody of the Goal with the advice and consent of thrée or more Iustices of the Peace whereof one to be of the Quorum may if they shall on inquiry or information find it needful upon emergent occasions in the respective Counties provide other safe places for the removal of sick or other persons from and out of the ordinary and usual Gaols the same places to be used and imployed for the reception and custody of the Prisoners to be by or according to their Order or Orders kept ordered disposed and conveyed to the places appointed for the Gaol-delivery in such and like manner as such Prisoners ought to be kept ordered disposed and conveyed in and from the Common Gaols by the Laws and Statutes of the Land Provided no such place be made use of for the purposes aforesaid against the good and frée will of the Owners thereof Provided also and be it Enacted by the Authority aforesaid That the Mayor Bayliff Removing of Prisoners and other Head-Officer or any other person and persons who have and hath the Custody of the Common Gaol within any Corporation of this Kingdom and Dominion of Wales shall by and with the advice of thrée or more Iustices of Peace within the said Corporation whereof one of them to be of the Quorum in time of Infection have the like power and authority for removing his and their Prisoners into some other convenient place within their Iurisdiction as to them shall séem fit during the time of Infection And also to raise a Stock after the same rates and proportions as is herein before allowed to and for the several Counties within this Kingdom Provided also And be it further Enacted by the
Authority aforesaid as followeth viz. That whereas there is already provided a strong and sufficient Messuage in the Parish of S. Thomas the Apostle near the City of Exon for the purpose aforesaid Exon City and One thousand pounds more by certain Trustees upon Proposals and Agréements made by them with cetain Gentlemen Iustices of the Peace for the County of Devon Devon who have also provided One thousand pounds more in order to purchase Lands of Inheritance for the good purposes hereafter mentioned Be it Enacted by the Authority aforesaid That the said Two thousand pounds be laid out in purchase of Lands of Inheritance by Order of the General Sessions of the Peace hereafter at any time to be held in the name of such persons as by such Order shall be appointed Item That the said House with the Grounds therewith inclosed be had and used as a Common Gaol and Workhouse for the said County in manner as is after expressed Item That an Overséer be therein placed by like Order and by like Order be removeable from time to time which Overseer shall have the charge custody and government of the Prisoners to him committed according to this Act and shall have Fifty pounds per annum during the execution of his Office and Ten pounds per annum for his Deputy but shall therefore take no fées for receiving delivering or doing any other service relating to the Prisoners from or of any the said Prisoners Item That the said Iustices by like Order from time to time shall and may by approbation of the Ordinary provide and appoint some méet and discréet Minister to read Divine Service according to the Orders of the Church of England unto the Prisoners at least four days in the wéek That is to say on the Lords day each Wednesday and each Friday and Saturday and oftner if the said Iustices shall appoint and to take pains in instructing them each Lords day at the least for which they may allow him Thirty pounds per annum or after that rate the rest of the Profits to be for Repairing the House and towards finding a Stock for to set the Prisoners on work Item That any person charged with such offence onely for which Clergy is allowable if so be he be néedy and indigent and not likely to maintain himself in Gaol may by Warrant of the Iustice or Iustices of the Peace to whom Iurisdiction in that behalf appertaineth be committed to the said Workhouse in order to his Trial and if any person shall be committed to the ordinary Gaol who shall be or become so indigent he may by Warrant of thrée Iustices of Peace whereof one to be of the Quorum be removed from the ordinary Common Gaol to the said House All which Prisoners so committed or removed shall be in the custody of the Overséer and be ordered and demeaned in the said House and conveyed to the Sessions or to the Gaol-delivery by like Warrant way and means as the Prisoners in other Gaols by the Laws and Statutes of this Realm are to be ordered and demeaned And because the said Workhouse is distant from the Ordinary Common Gaol the Prisoners by Order from the Sessions or Gaol-delivery may in order to their Trials be removed to the Common Gaol to be the more ready for their Trials Item That the said Overséer shall give Security for the Stock and be liable to such Regulations and Orders for Accompts and otherwise as the Sessions shall from time to time make for setting the poor Prisoners on work there which shall be obeyed and observed That a convenient Stock be from time to time raised at the Charge of the County Item That the said Iustices of the County in Devon may put in ure all the powers in this Act as other Iustices may in any other County by vertue thereof Saving to the Kings Majesty His Heirs and Successors and to every other person and persons and their Heirs Successors Executors and Administrators all Rights Titles Claims and Demands whatsoever into or out of the said Messuages and Premisses as if this Act had never béen made CAP. V. A former Act concerning Replevins and Avowries to extend to the Principality of Wales and the County Palatines 1. Car. 2. cap. 7. WHereas by an Act of Parliament Entituled An Act for the more speedy and effectual proceeding upon Distresses and Avowries for Rents Provision is made where any Plaintiff shall Nonsuit before Issue joyned in any Suit or Replevin by Plaint or Writ lawfully returned removed or depending in any of the Kings Courts at Westminster Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled That the said Act and all the Powers and Provisions thereby made for causes of Replevins depending in His Majesties Courts of Westminster shall be extended and be of the same force and efficacy in all causes of Replevin which are or shall be depending in His Majesties Court of Common Pleas for the County Palatine of Lancaster Lancaster Wales Chester the Courts of the Great Sessions of His Majesties Principality of Wales the Court of Great Sessions or Assizes for the County Palatine of Chester and the Court of Common Pleas for the County Palatine of Durham as fully and as amply for and during the continuance of the said Act as if the said Courts had been mentioned therein CAP. VI. A Redress of Inconveniencies by want of Proof of the Deceases of Persons beyond the Seas or absenting themselves upon whose Lives Estates do depend VVHereas divers Lords of Mannors and others have used to grant Estates by Copy of Court-Roll for one two or more life or lives according to the Custome of their several Mannors and have also granted Estates by Lease for one or more life or lives or else for years determinable upon one or more life or lives And it hath often happened that such person or persons for whose life or lives such Estates have béen granted have gone beyond the Seas or so absented themselves for many years that the Lessors and Reversioners cannot find out whether such person or persons be alive or dead by reason whereof such Lessors and Reversioners have béen held out of possession of their Tenements for many years after all the lives upon which such Estates depend are dead in regard that the Lessors and Reversioners when they have brought Actions for the recovery of their Tenements have béen put upon it to prove the death of their Tenants when it is almost impossible for them to discover the same For remedy of which mischief so frequently happening to such Lessors or Reversioners Be it Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same Persons beyond the Seas or absenting
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