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
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
all Statutes and Acts of Parliament Acts that are to have continuance shall remain in foâ—ce which are to have continuance unto the end of this present Session shall be of full force after the said Adjournment until this present Session be fully ended and determined And if this Session shall determine by dissolution of this present Parliament then all the Acts aforesaid shall be continued until the end of the first Session of the next Parliament And all Statutes and Acts of Parliament When the Acts which are now to pass shall take effect which before the said Adjournment shall pass by his Majesties royal Assent shall be put in execution immediately after forty dayes after the said Adjournment notwithstanding that by the words or letter of the said Acts or any of them they be limited to take effect or be put in execution from or at any time after the end of this present Session Anno Reg. Caroli Regis Angliae Scotiae Franciae Hiberniae Tertio AT the Parliament began at Westminster the Seventeenth day of March Anno Dom. 1627. in the Third year of the Reign of our most gracious Soveraign Lord CHARLES by the grace of God of England Scotland France and Ireland King Defender of the Faith c. And there continued until the Twenty sixth day of June following and then prorogued unto the twentieth day of October next ensuing To the high pleasure of Almighty God and to the weal publick of this Realm were enacted as followeth A Declaration of divers Rights and Liberties of the People to the Kings most Excellent Majesty HVmbly shew unto our Soveraign Lord the King the Lords Spiritual and Temporal The Petition of Right and Commons in Parliament assembled That whereas it is declared and Enacted by a Statute made in the time of the Reign of King Edward the First 34 Ed. 1. commonly called Statutum de Tallagio non concedendo That no Tallage or Aid shall be laid or levied by the King or his Heirs in this Realm without the good will and assent of the Archbishops Bishops Earls Barons Knights Burgesses and other the Fréemen of the Commonalty of this Realm And by Authority of Parliament holden in the five and twentieth year of the reign of King Edward the third 25 Ed. 3. Rot. Parl. it is declared and Enacted That from thenceforth no person should be compelled to make any Loans to the King against his will because such Loans were against reason and the Franchise of the Land 1 Ed. 3. 6. 11 R. 2. 9. 1 R. 3. 2. And by other Laws of this Realm it is provided That none should be charged by any Charge or Imposition called a Benevolence nor by such like charge By which the Statutes before mentioned and other the good Laws and Statutes of this Realm your Subjects have inherited this Fréedom That they should not be compelled to contribute to any Tax Tallage Aid or other like charge not set by common consent in Parliament Yet nevertheless of late divers Commissions directed to sundry Commissioners in several Counties with instructions have issued by means whereof your People have béen in divers places assembled and required to lend certain sums of Money unto your Majesty and many of them upon their refusal so to do have had an Oath administred unto them not warrantable by the Laws or Statutes of this Realm and have béen constrained to become bound to make Appearance and give Attendance before your Privy Councel and in other places and others of them have béen therefore imprisoned confined and sundry other ways molested and disquieted And divers other Charges have béen laid and levied upon your People in several Counties by Lord-Lievetenants Deputy-Lievetenants Commissioners for Musters Iustices of Peace and others by command or direction from your Majesty or your Privy Councel against the Laws and frée Customs of this Realm 9. H. 3. 29. And where also by the Statute called The great Charter of the Liberties of England It is declared and Enacted That no Fréeman may be taken or imprisoned or be disseised of his Fréehold or Liberties or his frée Customs or be outlawed or exiled or in any manner destroyed but by the lawful judgement of his Péers or by the Law of the Land 28. Ed. 3. 3. And in the eight and twentieth year of the reign of King Edward the third it was declared and Enacted by Authority of Parliament That no man of what estate or condition that he be should be put out of his Land or Tenements nor taken nor imprisoned nor disherited nor put to death without being brought to answer by due process of Law St. 37. Ed. 3. 18. St. 38 Ed. 3 9. St. 42 Ed. 3. 3. St. 17. R. 2. 6. Nevertheless against the tenor of the said Statutes and other the good Laws and Statutes of your Realm to that end provided divers of your Subjects have of late béen imprisoned without any cause shewed And when for their deliverance they were brought before your Iustices by your Majesties Writs of Habeas corpus there to undergo and receive as the Court should order and their Kéepers commanded to certifie the causes of their detainer no cause was certified but that they were detained by your Majesties special command signified by the Lords of your Privy Councel and yet were returned back to several Prisons without being charged with any thing to which they might make answer according to the Law 25. Ed. 3. 9. And whereas of late great Companies of Souldiers and Mariners have béen dispersed into divers Counties of the Realm and the Inhabitants against their wills have béen compelled to receive them into their houses and there to suffer them to sojourn against the Laws and Customs of this Realm and to the great grievance and vexation of the People 25. Ed. 3. 9. And whereas also by Authority of Parliament in the five and twentieth year of the raign of King Edward the third it is declared and Enacted That no man should be fore-judged of life or limb against the form of the Great Charter and Law of the Land 9. H. 3. 28. 25. Ed 3. 4. 28. Ed. 3. 3 And by the said Great Charter and other the Laws and Statutes of this your Realm no man ought to be adjudged to death but by the Laws established in this your Realm either by the Customs of the same Realm or by Acts of Parliament And whereas no offendor of what kinde soever is exempted from the procéedings to be used and punishments to be inflicted by the Laws and Statutes of this your Realm Nevertheless of late divers Commissions under your Majesties great Seal have issued forth by which certain persons have béen assigned and appointed Commissioners with power and authority to procéed within the Land according to the Iustice of Martial Law against such Souldiers and Mariners or other dissolute persons joyning with them as should commit any Murther Robbery Felony Mutiny
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
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
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
and their heirs and successors respectively by and according to his and their tenures estate title and interest which he or they had in the Mannors Lands or Tenements for or in respect of which he or they claimed or inclosed the said quantity or quantities of the said Wastes as abovesaid Provided always and be it Enacted by the Authority aforesaid That the said Commissioners and every of them before he or they take upon him or them the execution of any the Powers or Authorities hereby given them other then the administring the Oath following to one another which they shall have Authority by this present Act to administer to one another shall take the Oath following viz. The oath to be taken by Commissioners I A. B. am not interessed in possession reversion or remainder of in or to the said Fens or any part thereof And shall and will without favour or affection hatred or malice truly and impartially according to the best of my skill and knowledg execute and perform all and every the Powers and Authorities in me established by this Act of Parliament Which Oath any one of the said Commissioners are hereby authorised to administer The places of the Commissioners â—â—tting And that the places where the said Commissioners shall sit to hear order and determine the matters referred to them by this Act shall be at the Towns of Stamford Market-Deeping or Spalding in the said County of Lincoln And the said Commissioners or any seven or more of them are hereby directed by Warrant under their hands and seals to declare the places and times of their méeting The same Warrant to be published in open Market in the said Towns of Stamford Market-Deeping and Spalding betwéen the hours of twelve and two upon some Market-day one and twenty dayes at least before the said time or times of méeting to the end all persons concerned may have sufficient time and notice to attend And shall have power and Authority by Warrant under the hands and seals of any thrée or more of them Their power and manner of proceeding to summon parties and witnesses to appear before them And in case any controversy or difference shall happen to arise betwéen or amongst the said Commissioners before any Iudgment or Determination given by them in the premisses touching or concerning the exposition of the words of this Act or the powers or authorities thereby to them given Then the Lord Chief Iustice of the Kings Bench the Lord Chief Iustice of the Common-Pleas and the Lord Chief Baron of his Majesties Court of Exchequer for the time being are hereby constituted and established a Iudicature and they or any two of them are hereby authorized to hear adjudg and determine such controversies and differences And their Iudgment or determination thereof certified under their hands seals shall be observed and shall be likewise certified together with the Iudgments and determinations of the said Commissioners into the Petty-bag there to be kept on Record as aforesaid CAP. XII The River Avon to be made Navigable from Christ-Church to the City of New-Sarum WHereas the making Navigable and passable with Barges Boats Lighters and other Vessels the River Avon in the Counties of Wilts and Southampton from the Town of Christ-Church in the said County of Southampton to the City of New-Sarum in the said County of VVilts And if néed require the making of a new Haven may with Gods blessing be of great advantage and benefit not only to the said Counties but also to the Publick by import and export of Commodities and increase of Commerce and Trade and of able Seamen and Watermen and most profitable and necessary for the said City of New-Sarum for the conveyance thereby of Fewel and other necessaries to the said City whereof there is now great scarcity and far greater is like to grow if some help therefore be not provided besides the extraordinary preservation of the High-ways in and near the said City and County Commissioners how to be appointed for making the river Avon navigable Be it therefore Enacted by the Kings Majesty by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same That the Lord Chancellor or Lord Kéeper of the Great Seal of England for the time being at any time after the end of this present Session of Parliament shall and may nominate appoint and authorize by Commission under the Great Seal of England such person or persons Bodies Politick and Corporate as to him shall séem fit and are willing to undertake the making Navigable the said River of Avon from the said Town of Christ-Church to the said City of New-Sarum And to make a new Haven if néed require for Ships and Vessels near the said Town of Christ-Church Which said Vndertakers so nominated and appointed as aforesaid are hereby authorized and shall have full power and authority by this present Act to make Navigable or passable by Barges Boats Lighters or other Vessels the said River of Avon from the said Town of Christ-Church to the City of New-Sarum aforesaid And for that purpose to cleanse scour and open the same and to cut or dig the Banks of the same and to take away or remove all Wears or other Impediments that may hinder Navigation either in sailing or haling of Boats with Horses Men or otherwise to amend or alter such Bridges and High-ways as may hinder the said Passages and Navigation and to open prepare and make all Wears Sasses Locks and Turn-pikes fit for the said Passage And likewise to cleanse scour open or cut and dig the Banks of any other Stream Brook Ditch or Water-course that shall to them séem convenient for the better making the said River Navigable and passable for Boats Barges Lighters and other Vessels And likewise to make and erect any Wharfs Sasses Locks Turnpikes or pens for Water in or near the said River or Passage that shall be fit or necessary for the same and to bring lay and work all Materials requisite for the making erecting and repairing of the said Locks or Turnpikes upon the said River or Passage and to cut such and so many new Channels and Trenches as to them shall séem convenient for altering the course of the said River of Avon in bringing the same to the City of New-Sarum as aforesaid as also for the bringing in any other River or Water-course into the said River and to do all other things necessary and convenient for the said River and Passages new Channels Wharfs Sasses Locks Wears Turnpikes Penns for Water and the said Bridges Ways and Passages and for the altering repairing kéeping using and amending of the same or any of them or any part of them from time to time hereafter as oft as néed shall require and also if néed require to make a commodious Haven and Port near the said Town of Christ-Church for the Entry
Road safety and preservation of Ships that may resort thither as well in peril of Storms as otherwise to lade or unlade their Goods and to alter repair and amend the same or any part of it from time to time as oft as néed shall require And to the end that the making the said River Navigable and passable for Barges Boats Lighters and other Vessels and the erecting and making the said Haven Channels Sasses Locks Wears Turnpikes Penns for Water Wharfs Bridges Ways and Passages as aforesaid or other things may not be any way prejudicial to the Inheritance Possession or profit of any person or persons Bodies Politick or Corporate whatsoever that have any Lands Tenements Wears or Hereditaments adjoyning unto the said River or Streams Brooks new Chanels and Passages as aforesaid or any of them or through which the same shall be made or cut as aforesaid Satisfaction to parties endamaged in any of their lands Be it therefore Enacted by the Authority aforesaid That the said Vndertakers before they do meddle with the Lands Inheritance Possession or Profit of any person or persons Bodies Politick or Corporate shall first agrée with such persons Bodyes Politick or Corporate for the loss or damage that any of them shall or may any way receive by the making or altering the said Haven Channels Wharfs Sasses Locks Wears and Passages or procure some Order therein to be made by the Commissioners to be Assigned for that purpose as hereafter in this present Act is expressed And for the better effecting of the premisses and the due rating of the value of the things to be compounded for by the true intent of this Statute if the Parties shall not agrée Be it Enacted by the Authority aforesaid Commissioners for compounding with persons so damnifide That at the request and charges of the said Vndertakers One or more Commission or Commissions under the Great Seal of England shall be granted to Edward Earl of Clarendon Lord Chancellor of England Thomas Earl of Southampton Lord High Treasurer of England Philip Earl of Pembroke and Mountgomery William Lord Herbert of Cardiffe Henry Lord Viscount Cornbury George Lord Bishop of Winchester and the Bishop of Winchester for the time being John Lord Bishop of Sarum and the Bishop of Sarum for the time being William Lord Sands Robert Lord Brook Anthony Lord Ashly Chancellor of the Exchequer Sir Edward Nicholas Knight One of His Majesties most Honourable Privy-Council Sir Robert Hyde Knight Lord Chief Iustice of the Kings Bench Sir Wadham Windham Knight one of the Iustices of the Kings Bench Sir George Grubham How Baronet Sir Joseph Ash Baronet Sir John Nicholas Knight of the Bath sir John Low Knight sir Robert Mason Knight sir Thomas Mompesson Knight sir John Clobery Knight Stephen Fox Esquire Clerk of the Gréen-Cloth and one of the Citizens for the City of New-Sarum John Joyce Mayor of the City of New-Sarum and the Mayor of the City for the time being Richard Coleman Esquire Recorder of the City of New-Sarum and the Recorder of the same City for the time being Francis Roll Esquire High Sheriff of the County of Southampton Lawrence Hyde Esquire Humphrey VVeld Esquire Edward Hyde of Hatch Esquire Richard How Esquire John Holt the elder of the Close of the City of New-Sarum Esquire George Vennerd of the City of New-Sarum Esquire Edward Manning Esquire Richard Compton Esquire Thomas Knowles Esquire Philip Lee Esq Walter Bockland Esq VVilliam Swanton Esq Roger Gallop Esq Edward Hooper of Huncourt Esq Will. Tulse Esq John Hobby Esq Henry Tulse Esquire Henry VVhitehead Esq The Mayor of VVilton for the time being and the Mayor of Christ-Church for the time being Samuel Percival Esquire VVilliam Lisle Esquire and Philip Percival Gentleman The power of the said Commissioners Which said Commissioners or any seven or more of them not being Parties concerned shall have full power and Authority and are hereby impowred and Authorized by examination of witnesses upon Oath which Oath they or any seven or more of them have hereby power to administer or by any other lawful ways or means to examine here and determine all and all manner of Controversies Debates and Questions which shall happen and arise betwéen any persons whatsoever touching or concerning any matter or thing relating to the aforesaid Premisses or any part thereof And to appoint determine and decree what and how much satisfaction every such person or persons Body politick or Corporate shall have for or in respect of the loss to be by him her or them sustained notice being first given of their Méeting by Papers publickly affixed to the Church-doors or set up in the Market-places of the City of New-Sarum and the Towns of Christ-Church and Ringwood Ten days at the least before their Méeting declaring the time and place of their Meeting And also notice in writing being first left at the Dwelling-house of every Party concerned or at their usual place of abode or with some Tenant or Occupier of some House Land or Tenement of such party within fiftéen Miles of the said River Which said Determination Sentence and Decrée set down declared and pronounced by the said Commissioners or any seven or more of them and the Price and Recompence by them limited shall bind all Parties therein concerned in Possession Reversion or Remainder or otherwise and as well Infants Feme Coverts as others and their Heirs in Fée-Simple or in Tail and their Executors Administrators and Assigns and all claiming by from or under him her or them or any of them which Order Sentence and Decrée shall be set down in writing under the Hands and Seals of the said Commissioners or any seven or more of them within six wéeks after the first Resort to them for that cause according to this Act the same to be kept among the Records of the Sessions of the Peace for the City of New-Sarum by the Clerk of the Peace for the time being of the said City Transcripts whereof shall be delivered to the several Clerks of the Peace of the respective Counties of VVilts and Southampton to be by them kept upon Record amongst the Records of the Sessions of the said respective Counties All which shall be taken adjudged and déemed good and sufficient Evidence and proof in any Court of Record whatsoever And that upon payment of such sum or sums so ordered or agréed upon to the said persons concerned or tender thereof made at his or their Dwelling-house or the house of his or their Tenant of some Tenement house or Land of theirs within fiftéen miles of the said River and if they have no such Dwelling-house Land or Tenement or if upon such tender at their said Dwelling-house or the House Land or Tenement of such Tenant as aforesaid they refuse or are not ready to receive the same That upon payment of the said sum to the Mayor and Commonalty of the City of New-Sarum in the Council-Chamber of the said City
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
 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
other intituled an Act for the bringing in of Clapboard from the parts beyond the Seas 35 El. 11. and the restraining of the transporting of wine Casks for the sparing and preserving of Timber within the Realm And so much of one Act made in the five and thirtieth year of the Reign of the said late Quéen Elizabeth intituled an Act to retain the Quéens Majesties Subjects in their due obedience 35 El. 2. as hath not béen since repealed by any other Statute And the several Acts hereafter mentioned 39 El. 4. made in the nine and thirtieth year of the Reign of the late Quéen Elizabeth that is to say an Act intituled an Act for the punishment of Rogues Vagabonds and sturdy Beggars with the provision annexed thereunto 2 Jac. 25. 39 El. 10. by one Act made in the first year of the reign of the late King James intituled an Act for continuing and reviving of divers Statutes and for repealing of some others An Act intituled St. 23 El. 7. 39 El. 14. an Act for the increase of Mariners and for maintenance of Navigation repealing a former Act made in the thrée and twentieth year of her said Majesties Reign bearing the same title an Act intituled an Act prohibiting the bringing into the Realm of forreign Cards for Wool an Act intituled St. 23 El. 7. 39 El. 14. 39 El. 16. 39 El. 17. 43 El. 3. 43 El. 5. 43 El. 2. 1 Jac. 25 an Act for restraining the excessive making of Mault an Act against lewd and wandring persons pretending to be Souldiers or Mariners And the several Acts hereafter mentioned made in the thrée and fortieth year of the said late Quéen Elizabeth that is to say an Act intituled an Act for the necessary relief of Souldiers and Mariners an Act intituled an Act to avoid trifling and frivolous Suits in Law in her Majesties Courts at Westminster an Act intituled An Act for relief of the Poor with the addition thereunto made by an Act made in the first year of the reign of the late King James intituled an Act for continuing of divers Statutes and for repeal of some others and with this further addition And be it Enacted The Overseers of â—oâ— Poor may put out Apprentices The Church-wardens c. may set up any Trade to â—â—nâ— the poor work 43 El. 10. 43 El. 5. 1 Jac. 7. St. 39 El. 4. 1 Jac. 8. 1 Jac. 22. That all persons to whom the Overséers of the Poor shall according to the said Act binde any children Apprentices may take and receive and kéep them as Apprentices And also that the Churchwardens and Overséers of the Poor mentioned in the said Act made in the said thrée and fortieth year may by and with the consent of two or more Iustices of the Peace whereof one to be of the Quorum within their respective limits wherein shall be more Iustices than one and where no more shall be than one with the assent of that one Iustice of the Peace set up use and occupy any Trade Mystery or Occupation only for the setting on work and better relief of the Poor of the Parish Town or Place of or within which they shall be Church-wardens or Overséers of the Poor any former Statute to the contrary notwithstanding An Act intituled an Act for the true making and working of Woollen Cloth an Act intituled an Act to prevent Perjury and subornation of Perjury and unnecessary expence in Suits of Law And the several Acts made in the first year of the reign of the late King James after mentioned One Act intituled an Act for continuance and explanation of the Statute made in the nine and thirtieth year of the reign of the late Quéen Elizabeth intituled an Act for punishment of Rogues Vagabonds and sturdy Beggars another intituled an Act to take away the benefit of Clergy for some kind of Man-slaughter another intituled an Act concerning Tanners Curriers Shoo-makers and other Artificers occupying the cutting of Leather saving for such part thereof as is repealed by one other Act St. 4 Jac. 6. 1 Jac. 27. made in the fourth year of his said late Maiesties reign of England in that behalf Another intituled an Act for the better execution of the intent and meaning of former Statutes made against shooting in Guns and for the preservation of the Game of Pheasants and Partridges and against the destroying of Hares with Hare-pipes 1 Jac. 18. 1 Jac. 6. St. 5 El. 4 1 Jac. 31. and tracing Hares in the Snow an Act intituled an Act for avoiding of Deceit in Selling Buying or spending corrupt and unwholsome Hops an Act intituled an Act for explanation of the Statute made in the fifth year of the late Quéen Elizabeths reign concerning Labourers an Act for the charitable relief and ordering of persons infected with the Plague And the several Acts made in the third year of the Reign of the late King James after mentioned That is to say 3 Jac. 9. 3 Jac. 10. 3 Jac. 11. one Act intituled an Act for relief of such as lawfully use the Trade and Handy-craft of Skinners Another Act intituled an Act for rating and levying of the charges for conveying of Malefactors and Offendors to the Gaol Another Act for transporting of Béer over the Seas 3 Jac. 13. 4 Jac. 11. One other intituled an Act against unlawful hunting and stealing of Déer and Conies And one Act made in the fourth year of the reign of the said late King James intituled an Act for the better provision of Meadow and pasture for the necessary maintenance of Husbandry and Tillage in the Mannors 7 Jac. 1. Lordships and Parishes of Merden alias Mawarden Boddenham Wellington Sutton Saint Michael Sutton Saint Nicholas Murton upon Lugge and the Parish of Pipe 7 Jac. 4. 7 Jac. 12. and every of them in the County of Hereford And the several Acts made in the seventh year of the Reign of the late King James after mentioned the one intituled an Act for the better execution of Iustice and suppressing of criminal Offenders in the North parts of the Kingdome of England 7 Jac. 12. 7 Jac. 13. Another intituled an Act for the due execution of divers Laws and Statutes heretofore made against Rogues Vagabonds and sturdy Beggars and other lewd and idle persons St. 3 Jac. 23. 7 Jac. 18. Another intituled an Act to prevent the spoil of Corn and Grain by untimely hawking and for the better preservation of Pheasants and Partridges One other Intituled an Act to avoid the double payment of Debts One other Intituled An Act for the explanation of one Statute made in the second Session of that present Parliament intituled an Act against unlawful hunting of Déer and Conies And one other Act intituled an Act for the taking landing and carrying of Sea-sand for the bettering of grounds 25 H. 8. 11. and for the increase of Corn and Tillage within the Counties of Devon and Cornwall And that
The Essoin dayes and the Essoin day of the Return of Crastino Sanctae Trinitatis And be it further enacted Writs in personal actions hauing day from tres Michaelis till Crastino Ascentionis good Proviso for writs returnable 1641. Exp. That all Writs and Process in personal Acttions hereafter to be made out of any of his Majesties said Courts at Westminster and having day from tres Michaelis untill Crastino Animarum shall be good and effectual in Law notwithstanding there be not fiftéen dayes betwixt the quarto die of the said tres septimanas sancti Michaelis and the dayes of Essoin of Crastino Animarum Any Law Statute or Vsage to the contrary heretofore notwithstanding Provided alwayes and be if further Enacted by the Authority aforesaid that all writs and Process to be made from and after the Feast of Easter in the year of our Lord God 1641. Returnable in Octabis or Quindena sancti Michaelis now next ensuing or having dayes betwixt any of the said Returns shall by force of this Act have day unto tres septimanas sancti Michaelis next and the parties to the said writs and Process shall then appear and plead and procéed thereupon to all intents and purposes as if the said Writs and Process had béen made returnable a die sancti Michaelis in tres septimanas And whereas before the making of this Act Writs of summons ad Warrantizandum upon common recoveries and writs of Right of Advowson abridged to five Returns all Writs of Summons ad Warrantizand against the Vouchées upon Common Recoveries had in writs of Entry and writs of Right of Advowson were made for nine Returns inclusive Now for the more spéedy perfecting of such Recoveries Be it Enacted by the Authority aforesaid that from and after the said Feast of Saint Michael the Archangel next all and every such writs of Summons ad Warrantizand upon the appearance of the Tenant to every such writ of Entry and writ of Right of Advowson shall and may be made and abridged to five Returns as writs of Summons ad Warrantizand in writs of Dower unde nihil habet heretofore have been used and accustomed And it is further Enacted by the Authority aforesaid that all common writs and Process Common writs process to keep the aforesaid returns as well personal as mixt which shall fortune to be returnable in the said Michaelmas Term shall have and kéep the said Returns of A die sancti Michaelis in tres septimanas a die sancti Michaelis in unum mensem in Crastino animarum in Crastino Sancti Martini in Octabis Sancti Martini and a die Sancti Martini in Quindecem dies or any of them Provided alwayes And it is further Enacted by the authority aforesaid Special dayes may be appointed as have been used Dayes in assise of Darrein presentment and in plea of quare impedit and in attaint not contrary hereto shall be firm that in such and like cases and Process as special dayes have béen used to be appointed and assigned and given for the returning of writs and Process It shall be lawful to the Iustices of every of the Kings said Courts of Record for the time being in all the Process by them awarded to assign and appoint special dayes of Returns as by their discretions shall be thought convement Provided also and be it further Enacted by the Authority aforesaid That the dayes in Assise of Darrein presentment and in Plea of Quare Impedit limited and appointed by the Statute of Marlebridge and also the dayes to be given in Attaint limited in the Statute made in the fifth year of the Reign of the Noble King Edward the third And also in the Statute made in the thrée and twentieth year of the Raign of the late King Henry the eighth of worthy memory being not contrary to the Tenours of this Act shall be holden firm and stable and shall stand in their full force and effect CAP. VII 1 Stat. 12. Car. 2. cap. 1. This Parliament shall not be Dissolved Prorogued or Adjourned but by Act of Parliament EXP. CAP. VIII Tunnage and Poundage A Subsidy Granted to the King of Tunnage Poundage and other sums of Money payable upon Merchandize Exported and Imported from the 25th of May 1641. to the 14th of July next EXP. CAP. IX Provision of Money for the speedy Disbanding the Armies and setling the Peace of the two Kingdoms of England and Scotland by raising and charging several sums of Money upon persons according to their Ranks Dignities Offices Callings Estates and Qualities therein mentioned and Commissioners to issue for levying the same EXP. CAP. X. For Regulating the Privy Councel and for taking away the Star-Chamber-Court Recital of Maâ—â—-Châ—rlâ— and several Statutes St. 3. li. 7. 1. 5 E. 3. cap. 9. VVHereas by the Great Charter many times confirmed in Parliament It is Enacted That no Fréeman shall be taken or imprisoned or disseised of his Fréehold or Liberties or Frée Customs or be Outlawed or exiled or otherwise destroyed and that the King will not pass upon him or condemn him but by lawful Iudgment of his Péers or by the Law of the Land And by another Statute made in the fifth year of the Reign of King Edward the Third It is Enacted That no man shall be attached by any accusation nor fore-judged of life or limb nor his Lands Tenements Goods nor Chattels seised into the Kings hands against the form of the Great Charter and the Law of the Land and by another Statute made in the five and twentieth year of the Reign of the same King Edward the Third 25 E. 3. cap. 4. Stat. 5. It is accorded assented and established that none shall be taken by petition or suggestion made to the King or to his Councel unless it be by Indictment or Presentment of good and lawful people of the same Neighbourhood where such Déeds be done in due manner or by Process made by Writ Original at the Common Law and that none be put out of his Franchise or Free-hold unless he be duly brought in to answer and foreiudged of the same by the course of the Law and if any thing be done against the same it shall be redressed and holden for none 28 E. 3. cap. 3. And by another Statute made in the eight and twentieth year of the reign of the same King Edward the Third It is amongst other things Enacted That no man of what Estate or condition soever he be shall be put out of his Lands or Tenements nor taken nor imprisoned nor disinherited without being brought in to answer by due process of Law And by another Statute made in the two and fortieth year of the Reign of the said King Edward the Third 42 E. 3. c. 3. It is Enacted That no man be put to answer without presentment before Iustices or matter of Record or by due process and writ original according to the Old Law of
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
que use Cestuy que trust and every of them their Heirs Executors Administrators and Assigns respectively as if this Act had not béen made and as if the said person or persons had not béen excepted attainted or convicted Any Law Statute Vsage or Custome to the contrary thereof in any wise notwithstanding Provided alwayes That this Act nor any thing therein contained Fabric◠Lands Church Goods and Vtensils shall not extend to Indempnifie any person or persons whatsoever who have entred into any Messuage Lands Tenements and Hereditaments called Fabrick Lands or possest themselves of any Rent or Revenues given for the repair of any Cathedral or other Church or who have Sacrilegiously enriched themselves by converting the Plate or Vtensils and Materials of or belonging to such Churches to their own private use and advantage for or in respect of the said Crimes onely Stat. 13 Car. 2. cap. 7. CAP. XII Which Judicial Proceedings shall be good and effectual in Law and which not BE it Enacted and it is Enacted by His Majesty and the Lords and Commons in Parliament assembled and by the Authority of the same That no Fines nor final Concords Which Acts and Proceedings shall not be avoided Chirographs nor Proclamations of Fines nor any Recoveries Verdicts Iudgments Statutes Recognizances nor Inrolments of any Déeds or Wills or of any such Fines Proclamations Recoveries Verdicts Iudgments Statutes or Recognizances nor any Exemplifications of them nor any of them nor any Inquisitions Indictments Presentments Informations Decrées Sentences Probats of Wills nor Letters of Administration nor any Writs or Actings on or Returns of Writs Orders or other Procéedings in Law or Equity had made given taken or done or depending in the Courts of Chancery Kings-Bench Vpper Bench Common-Pleas and Court of Exchequer and Courts of Exchequer-Chamber or any of them sitting at Westminster or in the Courts of the Great Sessions in Wales the Courts of any Counties Palatine or Dutchy of Lancaster or Town of Berwick upon Tweed or in any other inferiour Courts of Law or Equity or by any the Iudges Clerks Officers Sheriffs Coroners or Ministers or others Acting in Obedience to them or any of them or by any the Courts of Admiralty Delegates Iustices of Assize Nisi Prius Oyer and Terminer Gaol-Delivery Iustices of the Peace Commissioners of Sewers Bankrupts or Charitable Vses nor any Actings Process Procéedings nor Executions thereupon had made given done or suffered in the Kingdom of England since the First of May One thousand six hundred forty two shall be avoided for want or defect of any Legal Power in the said Courts Iudges Commissioners Iustices or any of them or for or by reason that the Premisses or any of them were commenced prosecuted had made held or used in the Name Stile or Title of the late King or in the Name Stile Title or Test of Custodes Libertatis Angliae Authoritate Parliamenti Or in the Name Stile Title or Test of The Keepers of the Liberty of England by Authority of Parliament Or in the Name Stile Title or Test of Oliver Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions thereunto belonging Or of Oliver Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging Or the Name Stile Title or Test of Richard Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging or for or by reason of any alteration of the said Names Stiles or Titles Or for that the said Fines Recoveries Process Pleadings Procéedings and other things before mentioned Or the Entry and Enrolment of them or any of them were in the Latine or English But that all and every such Fines Recoveries and other things above mentioned and the Actings Doings and Procéedings thereupon shall be of such and of no other Force Effect and Vertue then as if such Courts Iudges Iustices Commissioners Officers and Ministers had acted by vertue of a True Iust and Legal Authority and as if the same and the Entry and Enrolment thereof were in Latine and as if the several Acts and Ordinances or pretended Acts or Ordinances made by both or either Houses of Parliament or any Convention assembled under the name of a Parliament or by Oliver Cromwell late stiled Protector of the Commonwealth of England Scotland and Ireland and the Dominions thereto belonging and his Council Warranting or Directing such Procéedings had béen Good True and Effectual Acts of Parliament Fines Levied without Entry of Licentia concordandi And whereas since the death of the late King several Fines have béen Levied without any Entry or due Entring of any sum paid pro licentia concordandi commonly called the Kings Silver and without Entry or due Entry of any sum given to the party for the Concord And also whereas in the Term of St. Michael last past several Fines were Levied and Recorded in the Court of Common Pleas before one Iudge onely of the said Court Be it Enacted That the said Fines and Proclamations thereupon and every of them shall be good and effectual notwithstanding the defects aforesaid Fines and Recoveries of Lands in Com Palatin Durham And be it also further Enacted That all Fines Proclamations of Fines Recoveries and other Iudicial procéedings in the Court of Common Pleas at Westminster since the death of His late Majesty King Charles the First Had Levied or Suffered of any Lands lying in the County Palatine of Durham shall be good and effectual notwithstanding the said Lands were lying in the said County Palatine The Illegal Acts and Proceedings of that High Court of Iustice not allowed Provided That this Act or any thing there in contained shall not be Construed Deemed or Adjudged to make good allow confirm or countenance any the Procéedings in the late Illegal and Vn-warranted High Courts of Iustice or so called or any of them And whereas since the first day of May in the year of our Lord One thousand six hundred forty one and before the Five and twentieth day of April in the year of our Lord One thousand six hundred and sixty there were divers persons that Adhered to both Houses of Parliament who for or in respect of such their adherence were Indicted Charged or Impeached of Treason And whereas since the said first Day of May in the Year of our Lord One thousand six Hundred Forty one and before the said Five and twentieth day of April in the Year of our Lord One thousand six hundred and sixty divers persons who adhered to His Majesty or to the late King were for such their adherence Charged Impeached or Indicted of High Treason Indictments c. and all Grants thereupon made void Be it further Provided and Enacted That the said Charges Impeachments Indictments and all Exigents Outlawries Convictions and Attainders thereupon and all Letters Patents and Grants thereupon made of any Manors Lands Tenements or
true intent of this Act shall be forfeited and that every offender and offenders therein shall forfeit twenty shillings for every such Shéep and thrée shillings for every pound weight of such Wooll Woolfells Mortlings Shorlings Yarn made of Wooll Woollflocks Fullers Earth or Fulling Clay And also the Owners of the said Ships or Vessels knowing such offence shall forfeit all thei◠Interest in the said Ships or Vessels with all their Apparrel and Furniture to them and every of them belonging And that the Master and Mariners thereof knowing such offence and wittingly and willingly aiding and assisting thereunto shall forfeit all their Goods and Chattels and have Imprisonment for the same thrée moneths without Bail or Main-prise the one moyety of which said penalties and forfeitures shall be to the Kings Majesty His Heirs and Successors and the other moyety to him that will sue for the same by Action of Debt Bill Plaint or Information in any of His Majesties Courts of Record or before the Iustices of Assize or in the General Quarter Sessions of the Peace In which Suit no Essoyn protection or wager of Law shall be allowed The penalty upon any Merchant that shall transport woolls c. And be it further Enacted That if any Merchant or other person or persons shall after the said fourtéenth day of January transport or cause to be transported any Shéep Wooll Woolfells Mortlings Shorlings Woollen Yarn Woolflocks Fullers Earth or Fulling Clay contrary to the true intent of this Act and be thereof lawfully convicted That then he shall be disabled to require any Debt or Accompt of any Factor or others for or concerning any Debt or Estate properly belonging to such offender Proviso Provided alwayes and it is nevertheless declared That this Act or any thing therein contained shall not be construed to take away any greater pains or penalties inflicted or to be inflicted for any the offences aforesaid by vertue of any former Act of Parliament now in force Offences against this Act where to be tryed And be it also further Enacted by the authority aforesaid That every offence that shall be done or committed contrary to this Act shall and may be inquired of and heard examined tryed and determined in the County where such Shéep Wooll Woolfells Mortlings Shorlings Yarn made of Wooll Woolflocks Fullers Earth or Fulling Clay respectively shall be so packed loaden or laid aboard as aforesaid contrary to this Act or else in the County where such Offenders shall happen to be apprehended or arrested for such offence in such manner and form and to such effect to all intents and purposes as if the same offence had béen wholly and altogether done and committed at and in such County They to be Prosecuted within a year after the offence committed Any person may seize goods contrary to this Act loaded with intent to be transported and shall have the moyety thereof Provided alwayes and be it Enacted by the Authority aforesaid That no person or persons whatsoever shall at any time hereafter be impeached for any offence aforesaid unless such person or persons shall be prosecuted within the space of one year next ensuing such offence committed And be it further Enacted by the Authority aforesaid That it shall and may be lawful to and for any person or persons to seize take and challenge to his or their own use and behoof and to the use of the King His Heirs and Successors all and all manner such Shéep Wooll Woolfells Mortlings Shorlings Yarn made of Wooll Woollflocks Fullers Earth and Fulling Clay as he or they shall happen to sée finde know or discover to be laid aboard in any Ship or other Vessel or Boat or to be brought carried or laid on shore at or near the Sea or any Navigable River or Water to the intent or purpose to be exported transported or conveyed out of the Kingdoms of England or Ireland Town of Berwick Isles or Dominion aforesaid contrary to the true meaning of this Act or to be packed or loaden upon any Horse Cart or other Carriage to the intent or purpose to be conveyed or carried into the Kingdom of Scotland aforesaid and that such person or persons as shall happen so to seize take or challenge any such Shéep Wooll Woolfells Mortlings Shorlings Yarn made of Wooll Woolflocks Fullers Earth or Fulling Clay as aforesaid shall have the full moyety thereof to all intents and purposes Proviso such person shall not be evidence against the offender Provided alwayes That such Person or Persons as shall make any such Seizure or challenge aforesaid to his or their own use shall not be admitted or allowed to give in Evidence upon his or their Oath or Oaths against any Person or Persons which shall happen to be indicted accused or questioned by vertue of this Act or any thing therein contained Forfeiture of the ship if the owner be an Alien or not Inhabiting in England And furthermore be it Enacted by the Authority aforesaid That all and every ship Vessel Hulk Barge or Boat of what kind soever whereof any Alien born or whereof any natural born Subjects not inhabiting within the Realm of England shall be owner or part-owner and wherein any Shéep Wooll Woolfells Mortlings Shorlings Yarn made of Wool Woolflocks Fullers Earth or Fulling Clay shall happen to be shipped put or laid aboard contrary to the true meaning of this Act shall be forfeited to the Kings Majesty His Heirs and Successors Provided alwayes That this Act shall not extend to any Lamb Skin ready drest and prepared fit and useful for Furr or Lynings Proviso Provided also That this Act shall not in any wise extend to the transporting carrying or conveying away of any such Woolfells or Pelts with such Wooll upon them or to any Beds stuffed with Flocks which shall be carried or imployed in any Ship or other Vessel for necessary use only of and about the Ordnance or other thing in or concerning such Ship or Vessel or only for the necessary use of any the Persons in such Ship or Vessel passing or being and which shall not be sold or uttered in any Forreign parts out of the Kingdoms of England or Ireland Ireland Berwick or Town of Berwick Isles or Dominion aforesaid nor to the exporting transporting carrying or conveying of any Wether-shéep or of the Wooll growing upon any such Wether-shéep to be carried alive in any Ship or other Vessel for and towards the only necessary food or diet of or for the Company or Passengers or other Persons therein and for and towards none other purpose Proviso Southampton Jersey Guernsey Provided alwayes and be it further Enacted That this Act or any thing therein contained shall not extend to any such Wooll to be exported or transported out of or from the Port of Southampton only unto the aforesaid Isles of Jersey and Guernsey by or for the only use or behoof of any the Inhabitants of
be drawn into example for the time to come 1 R. 3. ca. 2. CAPr V. For preventing Tumults and Disorders upon pretence of preparing or presenting publick Petitions or other Addresses to his Majesty or the Parliament Tumultuous and disorderly preparing petitions a great occasion of the late wars and calamities VVHereas it hath béen found by sad experience that Tumultuous and other Disorderly solliciting and procuring of Hands by private Persons to Petitions Complaints Remonstrances and Declarations and other Addresses to the King or to both or either Houses of Parliament for alteration of matters established by Law redress of pretended grievances in Church or State or other publick Concernments have béen made use of to serve the ends of Factious and Seditious persons gotten into power to the violation of the publick Peace and have béen a great means of the late unhappy Wars Confusions and Calamities in this Nation for preventing the like mischief for the future No person after the 1 Aug. 1661. shall sollicite or procure any petition c. for altering any established law in Church or state Be it Enacted by the Kings most Excellent Maiesty by and with the consent of the Lords and Commons Assembled in Parliament and by the Authority of the same That no person or persons whatsoever shall from and after the first of August One thousand six hundred sixty and one Sollicite Labour or procure the getting of Hands or other Consent of any persons above the number of twenty or more to any Petition Complaint Remonstrance Declaration or other Address to the King or both or either Houses of Parliament for alteration of matters established by Law in Church or State unless the matter thereof have béen first consented unto and Ordered by thrée or more Iustices of the County or by the Major part of the Grand Iury of the County or division of the County where the same matter shall arise at their publick Assizes or General Quarter Sessions or if arising in London by the Lord Mayor Aldermen and Commons in Common Councel assembled And that no person or persons whatsoever shall repair to his Majesty or both or either of the Houses of Parliament upon pretence of presenting or delivering any Petition Complaint Remonstrance or Declaration or other Addresses accompanied with excessive number of People nor at any one time with above the number of Ten persons upon pain of incurring a penalty not excéeding the sum of one hundred pounds in money and thrée moneths Imprisonment without Bail or Mainprize for every offence to be prosecuted at the Court of Kings Bench or at the Assizes or General Quarter Sessions within six moneths after the offence committed and proved by two or more credible witnesses Proviso Provided alwayes that this Act or any thing therein contained shall not be construed to extend to debar or hinder any person or persons not excéeding the number of Ten aforesaid to present any publick or private Grievance or Complaint to any Member or Members of Parliament after this Election and during the continuance of the Parliament or to the Kings Majesty for any Remedy to be thereupon had nor to extend to any Address whatsoever to his Majesty by all or any of the Members of both or either Houses of Parliament during the sitting of Parliament but that they may enjoy their fréedom of Access to his Majesty as heretofore hath béen used CAP. VI. The Militia declared to be in the King and for the present Ordering and Disposing the same The command of the Militia by Sea and land the undoubted right of his Majesty FOrasmuch as within all His Majesties Realms and Dominions the sole Supream Government Command and Disposition of the Militia and all Forces by Sea and Land and of all Forts and Places of strength is and by the Laws of England ever was the undoubted Right of His Majesty and his Royal Predecessors Kings and Quéens of England and that both or either of the Houses of Parliament cannot nor ought to pretend to the same nor can nor lawfully may raise or levy any War Offensive or Defensive against His Majesty his Heirs or lawful Successors and yet the contrary thereof hath of late years béen practised almost to the Ruine and Destruction of this Kingdom and during the late usurped Governments many evil and Rebellious Principles have béen distilled into the minds of the People of this Kingdom which unless prevented may break forth to the disturbance of the Peace and Quiet thereof And whereas an Act is under consideration for exercising the Militia An Act under consideration touching the Militia with most safety and case to the King and his People which Act cannot as yet be perfect Be it therefore Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords and Commons assembled in Parliament That the Militia and Land-Forces of this Kingdgom and of the Dominion of Wales and Town of Berwick upon Tweed now under the Power of Lieutenants or their Deputies shall be exercised ordered and managed until the Five and twentieth day of March next ensuing in such manner as the same now is actually exercised ordered and managed according to such Commissions and Instructions as they formerly have or from time to time shall receive from his Majesty And whereas since the Twenty fourth of June One thousand six hundred and sixty there have béen Insurrections by occasion whereof divers of his Majesties good Subjects have béen murthered and for the securing the Peace of the Nation and preventing further disorders divers persons suspected to be Fanaticks Sectaries or Disturbers of the Peace have béen Assaulted Arrested Detained or Imprisoned and divers Arms have béen seised and Houses searched for Arms or suspected persons Be it therefore further Enacted by the Authority aforesaid That all and every person and persons who have or shall have acted Persons who have Acted by commission of Lieutenancy or done any thing in execution of any Commission or Commissions of Lieutenancy issued by the Kings Majesty that now is or by colour of them or any of them touching or concerning the same or any of them or relating thereunto shall be and are hereby saved harmless and indempnified in this behalf And also all Magistrates Iustices of the Peace Officers and Ministers of Iustice and all persons that have or shall have acted by or under them or by their or any of their Commands since the said Twenty fourth day of June One thousand six hundred and sixty until the twentieth day of July One thousand six hundred sixty and one as to any assaulting arresting detaining or imprisoning any person suspected to be Fanatick Sectary or Disturber of the Peace or seising of Arms or searching of Houses for Arms or for suspected persons shall be and are hereby saved harmless and indempnified in that behalf Provided That neither this Act nor any thing therein contained Proviso shall after the Five
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
for six moneths and there to be put to hard labour or to the Common-Gaol for one whole year without Bail or Main-prize at the Discretion of the Iustices of the Peace before whom such Conviction shall be and not to be discharged from thence till he or they have given sufficient Sureties for their Good-behaviour for one whole year next ensuing after his or their inlargement Provided that where any Offender shall be punished by force of this Act that he shall not be prosecuted nor incur the penalty of any other Law or Statute for the same offence 19 H. 7. c. 11. 3 Jac. c. 13. 7 Jac. c. 13. CAP. XI The Confirmation of Three Acts therein mentioned 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 and by the Authority of the same That the several Acts herein after mentioned made or mentioned to be made upon or since the Twenty fifth day of April in the Twelfth year of his said Majesties Reign by his said Majesty by and with the advice or consent of the Lords and Commons Assembled at Westminster upon the said 25th of April and there continued until the 29th day of December then next following and then dissolved which said Acts are herein after particularly mentioned and expressed by the several and respective Titles following St. 12 Car. 2. cap. 29 St. 12 Car. 2. cap. 33. St. 12 Car. 2. â—ap 14. That is to say One Act Entituled An Act for the raising of Seventy thousand pounds for the further Supply of his Majesty And one other Act entituled An Act for Confirmation of Marriages and one other Act entituled An Act for a perpetual Anniversary shanksgiving on the Twenty ninth day of May and all and every the Clauses Sentences and Articles in them and every of them contained shall be and hereby are Ratified and Confirmed and Enacted and Declared to have the full force and strength of Acts of Parliament according to the tenor and purport thereof and so shall be adjudged déemed and taken to all intents and purposes whatsoever and as if the same had béen made declared and Enacted by Authority of this present Parliament CAP. XII Explanation of a Clause contained in an Act of Parliament made in the Seventeenth Year of the late King Charles Entituled An Act for Repeal of a Branch of a Statute Primo Elizabethae concerning Commissioners for Causes Ecclesiastical VVHereas in an Act of Parliament made in the Seventeenth year of the late King Charles Entituled An Act for Repeal of a Branch of a Statute Primo Elizabethae concerning Commissioners for Causes Ecclesiastical St. 17 Car. 1. cap. 11. it is amongst other things Enacted That no Arch-bishop Bishop nor Vicar-General nor any Chancellor nor Commissary of any Arch-Bishop Bishop or Vicar-General nor any Ordinary whatsoever nor any other Spiritual or Ecclesiastical Iudg Officer or Minister of Iustice nor any other person or persons whatsoever exercising Spiritual or Ecclesiastical Power Authority or Iurisdiction by any Grant License or Commission of the Kings Majesty His Heirs or Successors or by any Power or Authority derived from the King His Heirs or Successors or otherwise shall from and after the first day of August which then should be in the year of our Lord God One thousand six hundred forty one Award Impose or Inflict any Pain Penalty Fine Amerciament Imprisonment or other Corporal punishment upon any of the Kings Subjects for any contempt misdemeanor crime offence matter or thing whatsoever belonging to Spiritual or Ecclesiastical Cognizance or Iurisdiction whereupon some doubt hath béen made that all ordinary power of Coertion and Procéedings in Causes Ecclesiastical were taken away whereby the ordinary course of Iustice in Causes Ecclesiastical hath béen obstructed Be it therefore declared and Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords and Commons in this present Parliament assembled The ordinary power of Archbishops c. not taken away and by the Authority thereof That neither the said Act nor any thing therein contained doth or shall take away any ordinary Power or Authority from any of the said Arch-Bishops Bishops or any other person or persons named as aforesaid but that they and every of them exercising Ecclesiastical Iurisdiction may procéed determine sentence execute and exercise all manner of Ecclesiastical Iurisdiction May use Ecclesiastical Iurisdiction and all Censures and Coertions appertaining and belonging to the same before the making of the Act before recited in all causes and matters belonging to Ecclesiastical Iurisdiction according to the Kings Majesties Ecclesiastical Laws used and practised in this Realm in as ample manner and form as they did and might lawfully have done before the making of the said Act. The Stat. 17. Car. 1. cap. 11. Rep. as to all except what concerns the High Commiss on Court Proviso And be it further Enacted by the Authority aforesaid That the afore recited Act of Decimo septimo Caroli and all the Matters and Clauses therein contained excepting what concerns the High Commission-Court or the new erection of some such like Court by Commission shall be and is hereby repealed to all intents and purposes whatsoever Any thing clause or sentence in the said Act contained to the contrary notwithstanding Provided alwayes and it is hereby Enacted That neither this Act nor any thing herein contained shall extend or be construed to revive or give force to the said Branch of the said Statute made in the said first year of the Reign of the said late Quéen Elizabeth mentioned in the said Act of Parliament made in the said seventéenth year of the Reign of the said King Charles but that the said Branch of the said Statute made in the said first year of the Reign of the said Quéen Elizabeth shall stand and be repealed in such sort as if this Act had never béen made Provided also and it is hereby further Enacted That it shall not be lawful for any Arch-Bishop Proviso touching the oath Ex Officio Bishop Vicar-General Chancellor Commissary or any other Spiritual or Ecclesiastical Iudg Officer or Minister or any other person having or exercising Spiritual or Ecclesiastical Iurisdiction to tender or administer unto any person whatsoever the Oath usually called the Oath Ex Officio or any other Oath whereby such person to whom the same is tendred or administred may be charged or compelled to confess or accuse or to purge him or her self of any criminal matter or thing whereby he or she may be lyable to any censure or punishment Any thing in this Statute or any other Law Custom or Vsage heretofore to the contrary hereof in any wise notwithstanding Proviso not to give any other Iurisdiction to any Archbishop c. than they had by law before the year 1639. The Kings Supremacy in Ecclesiastical matters Canons Ecclesiastical Provided
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
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
by their industry and labour have attained and gained so great skill and dexterity in the making thereof that they make as good of all sorts thereof as is made in any Forreign parts by reason whereof they have béen heretofore able to relieve their poor Neighbours and maintained their Families and also enabled to set on work many poor children and other persons who have very small means or maintenance of living other then by their labours and endeavours in the said Art And whereas the persons so imployed in the said Mystery have heretofore served most parts of this Kingdom with Bonelace Band-strings Buttons Néedlework and Imbroidery And for the carrying on and managing of the said Trade they have procured great quantities of Thread and Silk to be brought into the Kingdom from Foreign parts whereby his Majesties Customs and Revenues have béen much advanced until of late that great quantities of Foreign Bonelace Band-strings Néedlework Cut-work Fringe Silk Bonelace Buttons and Imbroidery were brought into this Kingdom by Foreigners and Inhabitants of this Kingdom and sold to Shop-kéepers and others Dealers in the said Commodity as well by Whole-sale as Retail without ever entring of the same in any of his Majesties Custom-houses or paying any Duty or Custom for the same by means whereof the said Trade and calling is of late very much decayed those imployed in the said Calling very much impoverished the Manufacture much decreased and great quantities thereof already made left on their hands that make it His Majesty defrauded and deceived in his Customs and many thousand poor people formerly kept on work in the said Art like to perish for want of imployment there being daily great sums of money exported out of this Kingdom for the buying and fetching in of the said Commodity to the great impoverishment of the Nation by the Consumption of the Bullion and Treasure thereof and contrary to several Statutes made in the first of King Richard the Third 1 R. 3. cap. 12. 3 E. 4. cap. 4. 19 H. 7. cap. 21 5 Eliz. cap. 7. in the third of King Edward the fourth in the ninetéenth of King Henry the Seventh and the fifth of Quéen Elizabeth and to a late Proclamation made by his Majesty that now is dated the twentieth day of November last for the putting the said Laws in execution For redress whereof and prevention of the like mischiefs for the future and the better relief comfort and subsistence of those imployed in the said Art and Manufacture And for the quickning reviving explaining amending and more effectual execution of the said Statutes Be it Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled and by Authority of the same That no person or persons whatsoever shall from and after the Twenty fourth day of June One thousand six hundred sixty two sell or cause to be sold or offer to sale within the Kingdom of England or Dominion of Wales or export any Foreign Bonelace Cut-work Foreign bone-lace cut-work imbroidery fringe band-strings prohibited to be sold or imported from beyond Sea Imbroidery Fringe Band-strings Buttons or Néedlework made of Thread Silk or any or either of them in parts beyond the Seas or Import bring in send or convey or cause to be brought in sent or conveyed into the Kingdom of England or Dominion of Wales any such Foreign Bonelace Cut-work Fringe Imbroidery Band-strings Buttons or Néedlework made of Thread Silk or any or either of them beyond the Seas after the first day of May which shall be in the said year of our Lord One thousand six hundred sixty and two upon pain that all and every person or persons who shall sell or cause to be sold or offer to sale any such Foreign Bonelace Cut-work Imbroidery Fringe Band-strings Buttons or Néedlework shall forfeit and lose for every offence by him committed contrary to this Act the sum of Fifty pounds and the whole Bonelace Cut-work Imbroidery Fringe Band-strings Buttons or Néedlework so sold or caused to be sold or offered to sale And upon further pain That all and every person or persons who shall Import bring in send or convey or cause to be brought in sent or conveyed into this Kingdom of England or Dominion of Wales any such Bonelace Cut-work The penalty Imbroidery Fringe Band-strings Buttons or Néedlework shall forfeit and lose for every offence by him committed contrary to this Act the sum of One hundred pounds and the whole Bonelace Cut-work Imbroidery Fringe Band-strings Buttons or Néedle-work so Imported brought in sent or conveyed or caused to be Imported brought in sent or conveyed contrary to the form and effect of this present Act as aforesaid One moyety to the King the other to the prosecutor The Moyeties of all which Forfeitures to be to the use of our Sovereign Lord the Kings Majesty his Heirs and Successors and the other Moyety to him or them that shall sue for the same in any of the Kings Courts of Record by Bill Plaint Action of Debt Information or otherwise wherein no Essoign Protection or Wager of Law shall be allowed at every time and as often as any person shall be found to offend in selling importing conveying or bringing in as aforesaid Every Iustice of Peace may grant Warrants to search for Manufactures prohibited by this Act And be it further Enacted by the Authority aforesaid That for the preventing of the Importing of the said Manufactures as aforesaid upon complaint and Information given to the Iustices of the Peace or any or either of them within their respective Counties Cities and Towns Corporate at times reasonable he or they are hereby authorized and required to issue forth his or their Warrants to the Constables of their respective Counties Cities and Towns Corporate to enter and search for such Manufactures in the Shops being open or Ware-houses and dwelling-houses of such person or persons as shall be suspected to have any such Foreign Bonelaces Imbroidery Cut-work Fringe Band-strings Buttons or Néedlework within their respective Counties Cities and Towns-Corporate and to seize the same any Act Statute or Ordinance to the contrary thereof in any wise notwithstanding The time limited for actions upon this Act. Provided always and be it hereby Enacted and Declared That all Informations Actions and Suits that shall be commenced for any offence committed against this Law shall be brought and commenced within twelve Moneths after the discovery of such offence Any former Act or Law to the contrary notwithstanding CAP. XIV Direction for Prosecution of such as are Accountable for Prize-Goods 12 Car. 2. c. 11 VVHereas in the Act of Frée and General Pardon Indempnity and Oblivion made in the Twelfth Year of your Majesties Reign and since confirmed by another Act Intituled An Act for confirming Publick Acts 13 Car. 2. c. 7. made in the thirtéenth year of your
of any of the Kings or Quéens of England for the time being for the carrying the Goods of his Majesty his Heirs or Successors or the said Quéens or children or any of them without such full and free consent as aforesaid Any Law Statute Custom or Vsage to the contrary notwithstanding Be it notwithstanding Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by the Authority of the same That from and after the Four and twentieth day of June in the year of our Lord How carriages shall be provided for his Majesties Navy and Ordnance One thousand six hundred sixty and two as often as the Service of his Majesties Navy or Ordnance shall require any Carriages by Land within the Kingdom of England and Dominion of Wales and Town of Berwick upon Tweed upon notice given in writing by Warrant under the hand and seal of the Lord High Admiral of England for the time being or under the hands and seals of two or more of the principal Officers or Commissioners of his Majesties Navy or under the hand and seal of the Master of his Majesties Ordnance for the time being or under the hand and seal of the Lieutenants of his Majesties Ordnance for the providing of Carriages for the respective service of the Navy or Ordnance unto two or more Iustices of the Peace dwelling near unto the place where the said Iustices of the Peace may and shall immediately issue forth their Warrants to such of the adjacent Parishes Hundreds or Divisions as they shall judge fit within their respective Counties and Divisions not being above Twelve Miles distant from the place of lading for the sending to a certain place and at certain times to be specified and appointed in the said Warrants such numbers of Carriages with Horses or Oxen sufficient for the said service as by the Lord high Admiral of England for the time being or by the Master or Lieutenant of his Majesties Ordnance for the time being or by the principal Officers or Commissioners of his Majesties Navy respectively as abovesaid shall be by writing under their hands and seals required the Owners of which Carriages or their Servants The rates allowed for carriages shall receive for every Load of Timber per mile one shilling for every reputed mile which they shall go laden and for other Provisions the summe of eight pence per mile for every Tun they shall carry And be it further Enacted by the Authority aforesaid That it may and shall be lawful for the Lord High Admiral of England for the time being by Warrant under his hand and seal and also for the principal Officers and Commissioners of his Majesties Navy by Warrants under the hands and seals of any two or more of them as also for the Master of his Majesties Ordnance for the time being by Warrant under his hand and seal and also for the Lieutenant of his Majesties Ordnance by Warrants under the hands and seals of either of them as often as the service of his Majesties Navy or Ordnance respectively shall require any Carriage by Water Impressing of persons ships vessels for carriages to appoint such person or persons as they shall judge fitting to Impress and take up such Ships Hoys Lighters Boats or any other Vessel whatsoever as shall be necessary for the Accommodation of his Majesties said service the Owners of which said Ships Hoys Lighters Boats or other Water-Carriage aforesaid or such as they shall appoint shall receive for the hire of every such Ship Hoy Lighter Boat or other Vessel per Tun according to the Rates usually paid by Merchants from time to time And in case his Majesties Officers and the Owners of such Ships Hoys Lighters Boats or other Vessels shall not agree on the said rates then the rate to be setled by the Brotherhood of Trinity-house of Deptford-Strand And be it further Enacted by the Authority aforesaid Penalty upon such as neglect or refuse That in case any of his Majesties Subjects of this Realm shall refuse or wilfully neglect after reasonable notice to make their appearance with such sufficient carriages by Land or to fit provide and furnish their Ships Hoys Lighters Boats or other Vessels for the service of his Majesties Navy or Ordnance as is before expressed or shall after they have undertaken such service neglect or delay the same that then upon due proof and conviction of such refusal or neglect by the Oath of the Constable or other Officer or two other credible witnesses before the said Iustices of Peace of the County or Mayor or other chief Officer of the City or Corporation where he or they inhabit which Oath they shall have power to administer for the Land-Carriages and for the Water-Carriages by the Oath of such person as shall be appointed by the Lord High Admiral the principal Officers or Commissioners of his Majesties Navy the Master of his Majesties Ordnance or the Lieutenant of his Majesties Ordnance as aforesaid or other two credible witnesses before the principal Officers or Commissioners of his Majesties Navy or Master or Lieutenant of his Majesties Ordnance respectively which Oath they shall have likewise power to administer the Party so refusing or neglecting shall for every such refusal or neglect forfeit the sum of Twenty shillings for the Land-carriage and for Carriage by Water treble the freight of such Ship or Vessel not excéeding Fifty pounds in the whole to the Kings Majesties use to be forthwith levied in default of payment upon demand by distress and sale of his Goods and Chattels by Warrant from the said Iustices of the Peace Mayor or other chief Officer or from the principal Officers or Commissioners of his Majesties Navy or Master or Lieutenant of his Majesties Ordnance respectively rendring to the Parties the overplus upon every such Sale if there shall be any the charge of distraining being first deducted The time of continuance in the service Provided always that no Horses Oxen Cart Wayn or other Land-Carriage shall be enforced to Travail more days Iourney from the place where they receive their lading or be compelled to continue longer in the imployment then shall be appointed by the Order of the said Iustices of the Peace and that ready payment shall be made in hand for the said Carriages at the place of lading without delay Present payment to be made according to the aforesaid Rates Provided always That in case any Iustice of the Peace Mayor chief Officer or Constable or any person or persons which shall be appointed by the Lord High Admiral the principal Officers or Commissioners of his Majesties Navy the Master of his Majesties Ordnance or the Lieutenant of his Majesties Ordnance as aforesaid respectively shall take any gift or reward to spare any person or persons No gifts or rewards may be taken by Iustices of the Peace
are hereby impowered to hear and examine the said Offence and to commit the said Offender and Offenders to the Common Gaol of the County where he or they shall be apprehended And no Master Printer or Master Founder of Letters for Printing shall from henceforth imploy either to work at the Case or Press or otherwise about his Printing any other person or persons then such only as are English-men and Fréemen or the Sons of Fréemen or Apprentices to the said Trades or Mysteries of Printing or Founding of Letters for Printing respectively And for the better discovering of Printing in Corners without License Be it further Enacted by the Authority aforesaid That one or more of the Messengers of his Majesties Chamber Who may search houses and Shops for suspected Books and Papers by Warrant under his Majesties Sign Manual or under the Hand of one or more of his Majesties Principal Secretaries of State or the Master and Wardens of the said Company of Stationers or any one of them shall have power and authority with a Constable to take unto them such assistance as they shall think néedful and at what time they shall think fit to search all Houses and Shops where they shall know or upon some probable reason suspect any Books or Papers to be printed bound or stitched especially Printing-Houses Book-sellers Shops and Ware-houses and Book-binders Houses and Shops and to view there what is imprinting binding or stitching and to examine whether the same be Licensed and to demand a sight of the said License and if the said Book so imprinting binding or stitching shall not be Licensed then to Seize upon so much thereof as shall be found imprinted together with the several Offenders and to bring them before one or more Iustices of the Peace who are hereby authorized and required to commit such Offenders to prison there to remain until they shall be tried and acquitted or convicted and punished for the said Offences And in case the said Searchers shall upon their said Search find any Book or Books or part of Books unlicensed which they shall suspect to contain matters therein contrary to the Doctrine or Discipline of the Church of England or against the State and Government Then upon such suspition to seise upon such Book or Books or part of Book or Books and to bring the same unto the said Lord Archbishop of Canterbury and Lord Bishop of London for the time being or one of them or to the Secretaries of State or one of them respectively who shall take such further course for the suppressing thereof as to them or any of them shall séem fit And be it Ordained and Enacted by the Authority aforesaid That all and every Printer and Printers of Books Founder and Founders of Letters for Printing and all and every other person and persons working in or for the said Trades Offenders against this Act how to be punished who from and after the Tenth day of June in in the year One thousand six hundred sixty and two shall offend against this present Act or any Article Clause or Thing herein contained and shall be thereof Convicted by Verdict Confession or otherwise shall for the first offence be dis-enabled from exercising his respective Trade for the space of thrée years and for the second offence shall for ever thence-after be disabled to use or exercise the Art or Mystery of Printing or of Founding Letters for Printing shall also have and receive such further punishment by Fine Imprisonment or other Corporal Punishment not extending to Life or Limb as by the Iustices of the Court of Kings Bench or Iustices of Oyer and Terminer or Iustices of Assize in their several Circuits or Iustices of the Peace in their several Quarter Sessions shall be thought fit to be inflicted The which said Iustices of the Peace in their several Quarter Sessions shall have full power and authority to hear and determine all and every offence and offences that shall be committed against this Act or against any branch thereof upon Indictment or Information by any person or persons to be taken before them in their Sessions of Peace respectively and shall yearly certifie into the Court of Exchequer as in other like Cases they are bound to do the Fines by them imposed for any the offences aforesaid and shall and may also by vertue hereof award process and execution for the taking or punishing such Offenders as in any other Case they lawfully may do by any the Laws and Statutes of this Realm Printed Copies to be sent to his Majesties Library and the two Vniversities And be it further Enacted by the Authority aforesaid That every Printer shall reserve thrée printed Copies of the best and largest Paper of every Book new printed or reprinted by him with Additions and shall before any publick Vending of the said Book bring them to the Master of the Company of Stationers and deliver them to him one whereof shall be delivered to the Kéeper of His Majesties Library and the other two to be sent to the Vice-Chancellors of the two Vniversities respectively for the use of the publick Libraries of the said Vniversities Proviso for the priviledges of the two Vniversities Provided always That nothing in this Act contained shall be construed to extend to the prejudice or infringing of any the just Rights and Priviledges of either of the two Vniversities of this Realm touching and concerning the Licensing or Printing of Books in either of the said Vniversities Peers Houses Provided always That no Search shall be at any time made in the House or Houses of any the Péers of this Realm or of any other person or persons not being frée of or using any of the Trades in this Act before mentioned but by special Warrant from the Kings Majesty under His Sign Manual or under the Hand of one or both of His Majesties Principal Secretaries of State or for any other Books then such as are in printing or shal be printed after the Tenth of June 1662. And thing in this Act to the contrary thereof in any wise notwithstanding Proviso for Book-sellers and Stationers London Provided also That neither this Act nor any thing therein contained shall extend to prohibit any Book-seller who hath served seven years and is frée of the Company of Stationers London from importing or bringing into this Realm any Books ready bound not formerly prohibited which have been printed ten years before the said Importation Any thing in this or any other Act to the contrary notwithstanding Persons selling books in Westminster-Hall Provided also and be it further Enacted by the Authority aforesaid That neither this Act nor any thing therein contained shall be construed to prohibit any person or persons to Sell Books or Papers who have sold Books or Papers within Westminster-Hall the Palace of Westminster or in any Shop or Shops within Twenty yards of the great Gate of Westminster-Hall aforesaid before
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
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
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
Matth. Bennet Richard Green Humph. Hyde Edm. Ansley Christ Gardiner _____ Crouch Thomas Hunt Thomas Chaffin Ferrers Gresley George Parrey Thomas Clarke Henry Clarke junior Anthony Trotman John Ellet Walter Dowse John Duke junior William Cusse John Young Walter Sharpe George Sadler Thomas Escourt Thomas Gape William Levet Christ Willoughby John Fitz-Herbert Esquires the Mayor of Wilton for the time being New-Sarum For the City of New-Sarum Sir Robert Hyde Knight Chief Iustice of the Kings Bench Sir Wadham Windham Knight one of the Iustices of the Kings Bench the Mayor for the time being Richard Coleman Recorder William Joyce Thomas Oviate Morrice Green Thomas Williams Edward Edmonds Thomas Gardiner Thomas Cutler James Harwood Thomas Ray Aldermen Sir John Low Sir Thomas Mompesson Knights Thomas Hawles William Swanton Richard Davy John Holt Thomas Chaffin Thomas Dorrel Stephen Fox Seymour Bowman Symon Spatchurst Francis Sambrooke Nicholas Johnson and Giles Clutterbook Esquires Westmerland For the County of Westmerland Sir Philip Musgrave Sir VVilliam Dalston Sir Richard Sandford Sir John Lowther senior Sir John Lowther junior Baronets Sir Thomas Strickland Sir George Dalston Knights Richard Musgrave John Lowther Allen Bellingham John Dalston James Ducket Daniel Fleming Richard Brathwayte Robert Hilton Tho. Brathwayte John Otway Nicholas Fisher Edward Nevison Lancelot Machel Thomas Gabetas Nathaniel West Edward Wilson Esq the Mayor of Appleby for the time being the Mayor of Kendal for the time being York For the West Riding of the County of York George Viscount Castleton of the Kingdom of Ireland Henry Viscount Irwin of the Kingdom of Scotland Thomas Lord Fairfax of the Kingdom of Scotland Sir Francis Fane VVilliam Earl of Dumfreeze in the Kingdom of Scotland Knight of the Bath Conyers Darcy Esquire sir Francis Wortley sir George Savil sir Thomas Osborne sir John Goodrick sir Richard Maleverer sir John Rersby sir John Key sir John Armitage sir VVilliam Ingleby sir Solomon Swaile sir VVilliam Rokesby sir Godfrey Copley sir George Wynn sir Gervas Cutler sir John Jackson sir John Lewis sir Thomas Slingsby sir George Cook Baronets sir Tho. Wharton sir Francis Fane junior Knights of the Bath sir Richard Tankred sir Jordan Crossand sir Thomas Beaumond sir Thomas Wentworth sir John Dawney sir Miles Stapleton sir William Lowther sir Francis Goodrick sir Edmund Jenings sir William Ingram sir Christopher Clapham sir Ralph Knight sir Thomas Yarborough Knights Richard Hutton Thomas Danby Walter Hawkesworth Henry Arthington Welbury Norton Charles Tancred Ambrose Pudsey Francis Rockley Robert Wirvel Walter Strickland Anthony Adeyre Francis Nevil VValter Calverley Henry Eyre Doctor of Physick Iohn Wentworth of Ellinshel John Savile of Heathly Henry Goodrick John Wentworth of VVolly Bradwardin Tindal John Vincent John Richard William Lowther Iohn Bilby Richard VVashington Richard Mountney VVilliam Hammond William Adams Thomas Yarborough VValter Lister VVilliam Drake Inglebert Leeds Cuthbert VVade Robert Harrison James Moseley John Stanhop Nicholas Stable Benjamin Norcliffe Roger Portington Edward Lewis John Thornhil William VVomble Thomas Stringer Henry Atkinson Francis VVhite Will. Spencer of Attercliffe William Godfrey Thomas Lister of Maningham Thomas Lister of Bawtree Thomas Haber John Ottway John Major Thomas Staveley Doyley Gower Thomas Fawkes Esquires Henry Cook Thomas Edmonds Jonathan Jenings John Atkinson John Preston William Witham Benjamin Wade John Dodsworth William Roundel George Clarke Jervas Bosvile Thomas Gill Richard Graham Gentlemen the Mayor of Rippon the Mayor of Doncaster the Mayor of Pontefract the Mayor of Leeds for the time being Robert Walters of Owsbourn George Fothergil Esquires For the North-Riding Charles Lord St. John of Basing Son and Heir apparent to John Marquess of Winchester Coniers Darcy Esquire sir Henry Bellasis Henry Darcy James Darcy Esqs sir Christopher Wivel sir Thomas Gower sir John Goodrick sir Metcalf Robinson sir Solom Swail sir Henry Stapleton sir David Fowles sir John Lowther sir John Napier sir Roger Langley sir William Caley sir George Marwood sir Richard Graham sir William Frankland sir Christ Wandesford Baronets sir Robert Strickland sir Richard Tancred sir Thomas Strickland sir Jordan Crossland sir William Dalton sir John Dawney sir James Pennyman sir Thomas Ingram Chancellor of the Dutchy sir Henry Cholmley sir Thomas Hebblethwaite sir Joseph Craddock sir Henry Franckland sir William Craven Knights William Wivel Edward Gower Henry Marwood James Medcalfe Matth. Hutton Robert Layton William Caley John How Thomas Danby Walter Strickland John Beverley Thomas Rookeby James Moyser John Calverley Edward Croft Thomas Robinson VVilliam Weddil John Tourner Isaac Fairfax John Wivel of Osgerby Humphrey Wharton Charles Bellasis Edward Hutchinson of Wickham Reynold Graham Major Norton Henry Bethel Roger Talbot Charles Tanckred Thomas Jackson Henry Harrison William Feilding VVilliam Robinson Edward Trotter Robert Belt Thomas Hutton James Morley Thomas Hassel Timothy Maleverer Capt. Leonard Robinson John Dodsworth William Thompson Thomas Wickham Anthony Lowther Thomas Norton VVilliam Metcalfe Henry Blackson Walter Lister John Gibson Charles Allanson Edward Gower William Gower John Coltson Esquires James Moore George Norton Francis Driffeild John Smith Thomas Waite William Spinke Allan Chamber John Hill of Thorndon John Earnley Ralph Jackson of Lazenby junior Christ Keld Henry Crosseland VVilliam Lampley William Truman Francis Cumin Robert Bushel Richard Harland Major Redman Gentlemen the Aldermen of Richmond and the Bailiffs of Scarborough for the time being For the East-Riding Sir Francis Cob Knight High Sheriff of the County Charles Lord Viscount Dungarven in the Kingdom of Ireland Sir John Hotham sir Francis Boynton sir Robert Hilyard sir John Bucke sir Watkinson Paler sir Thomas Rudston sir John Ledgerd Baronets sir Tho. Nortliffe sir Philip Mountaine sir Thomas Daniel sir Matthew Appleyard sir Thomas Renington sir Hugh Bethel sir Thomas Heblethwait sir William Cob Knights Tobias Jenkins Michael Wharton Robert Bucke Thomas Grantham Durand Hotham Hugh Lister John Constable John Lister Henry Sandys Henry Holmes Christopher Hillyard Walter Bethel George Mountain John Vavasor Jonathan Atkins Ralph Warton William Osbaldston VVilliam Grimstone Robert Sotheby Richard Robinson Thomas Crâ—mpton Samford Nevil William Gee Richard Ledgeard William Baynton Stephen Thompson Richard Thompson Henry Hillyard James Moyser Edward Bernard Thomas Hesket Gregory Creyke William Harpham Thomas Anlaby Alexander Rokeby Henry Hillyard John Stapleton Henry Portington Philip Saltmarsh John Acraid Esquires Thomas Swan Leonard Robinson VVilliam Blount John Pierson Lewis Lewins Francis Bushel Robert Constable John Belton William Dobson William Thompson Ralph Higden Richard Graham Thomas Sytheron Christopher Baukins Gentlemen the Mayor of Hedon and the Mayor of Beverly for the time being York City For the City of York and the County of the same Edward Elwicke Lord Mayor Thomas Lord Fairefax of the Kingdom of Scotland Sir Metcalfe Robinson Sir Thomas Osburne Sir Roger Langley Sir Iohn Goodrick Sir George Rive Sir Thomas Slingsby Baronet Sir Iohn Lewis Knight and Baronet Sir Miles Stapleton Knight James Brooke Christopher Topham George Lamplough George Mancklyns Richard Hewett Henry Thompson Cressey Bournet Christopher Brery
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