or Assessments shall not excéed in the whole above the sum of Six pence in the pound in any one year according to the real value of the same and Twenty pounds in Money Goods Stock or other personal Estate shall be rated equally to Twenty shillings a year in Lands And every such Assessment so made shall within Six days after be presented to some Iustice of the Peace near adjoyning to the Parish where it is made to be séen allowed and signed by him And after such Allowance every person so Assessed or Taxed that shall not within Twenty days after demand made by the Surveyors or one of them pay such sum or sums of Money Assessed on him or her or them unto the Surveyors or one of them shall forfeit and pay double so much as he she or they are Assessed to pay unless upon complaint made to the said Iustice of wrong done to such person by that Assessment the said Iustice shall think fit to alter the same And in case where common Nusances are in High-ways or where Ditches or Water-courses adjoyning unto High-ways are not scoured and dressed the said Surveyors shall sée the same reformed and the offenders punished according to Law deducting out of the Moneys so to be raised his reasonable Charges for prosecution And for the more effectual Mending the High-ways and Parish-Bridges and Stréets the Surveyors aforementioned shall yearly at the most convenient and fitting time betwéen the First of May and the last of August hire labourers Work-men Carts and Carriages for Amending the High-ways Stréets Parish-Bridges aforesaid and Water-courses and shall cause them to be well and sufficiently mended The Surveyors may charge Carts and Work-men And for the better effecting thereof Be it Enacted by the Authority aforesaid That the said Surveyors or any of them within their several Limits and Iurisdictions may yearly as he shall see cause and néed require direct and appoint every person and persons who by the former Laws and Statutes of this Realm are chargeable with Wayn or Cart 2 3. Ph. Mar. ca. 8. 5 El. ca 13. 18 El. ca. 10. to the amending of the High-ways and every other person and persons chargeable to come to labour at the said ways to send his or her Cart or Wayn and Team so furnished as by the Laws is directed or to come and work for the amending of the High-ways for so many days as by the Laws are appointed or for so many of them as the said Surveyors shall think néedful and appoint for which Teams work and labour the said Surveyors shall pay unto such workmen and Owner of such Teams Carts and Wayns according to the usual rate of the Countrey for such work as they shall do over and above what by the other Laws made for the amending the High-ways they are appointed to do And if any question shall arise about the value or worth of such work or labour for Man or Teams some Iustice of the Peace near adjoyning and not living in the said Parish shall determine what is fit to be allowed for such work Penaly upon such as refuse or neglect And in case any person so charged to send his or her Team to work as aforesaid shall refuse or neglect to do so such person so refusing or neglecting shall forfeit ten shillings for every day that he or she shall make such default and every Labourer Eightéen pence for such day that he neglects to work as aforesaid Provided That no person or persons occupying any Lands shall be Assessed and Taxed both for the said Lands and the Stock which he or they shall use or imploy upon the same In what cases High-ways may be Enlarged out of mens lands next adjoyning And be it further Enacted by the Authority aforesaid That it shall and may be lawful to and for the said Surveyors of the High-ways for the time being of every such Parish Town Village or Hamlet within their several Precincts from time to time by order from the Quarter-Sessions and upon the view and by the allowance or consent of two or more Iustices of the Peace of the County Authorized thereunto by the Sessions wherein such Parish Town Village or Hamlet shall lie under their hands and seals in writing where any common or publick High-way is not of the breadth of eight yards from the shoars and brinks of the Ditches on either side or from the banks and hedges where there are no Ditches to assign and lay out so much of any mans several Lands next adjoyning to the said Common and publick High-way where they shall think it néedful and it may conveniently be done as shall enlarge the said way to be the full breadth of eight yards or so much broader toward the bredth of eight yards then now it is as conveniently the place will bear from the said shoars Ditches Banks or hedges by the consent of the Owner or Owners of the said lands according to his or their respective interests therein or otherwise by order of the Iustices of Peace at their Quarter-Sessions after a Writ of Ad quod damnum first issued out and returned to assign and lay out a more new and commodious way in and over the said lands next or near adjoyning to the said common and publick High-ways the said Surveyors first giving such satisfaction for the said ground unto the respective owners of the same according to their several and respective Interest in the whole not excéeding Twenty years purchase Provided always That if any common or publick High-way or ways shall be so altered and changed as is aforesaid that then and in such case the same new Way or Ways as also any new Way or ways altered or to be altered by a Writ of Ad quod damnum shall from time to time be repaired and amended by such Parish or Parishes Town Hamlet or Village or by such person and persons and in such manner and form as the said old and former common or publick High-way or ways was or were to be repaired and amended Digging for gravel in wasts and Commons And be it further Enacted by the Authority aforesaid That where there is not sufficient Gravel Chalke Sand Cinders or Stones within any Parish Town Village or Hamlet to repair their common and publick High-ways it shal be lawful for the Surveyor and Surveyors and such person and persons as he or they shall appoint upon the allowance and approbation of any two Iustices of Peace within the said County to digg take and carry away Gravel Chalk Sand Cinders or Stones out of the Waste and Common of any Neighbouring Parish Town Village or Hamlet or upon the Sea-Coast without paying any thing for the same for the repairing and amending of the High-ways aforesaid so as they fill up the place within one moneth next ensuing if required by the Owner of the Soyl. Provided always and be it further Enacted by the Authority aforesaid
Sir Seymour Shirley Baronet An Act for Setling the Moyety of the Mannor of Iron Acton on Sir John Pointz An Act for Setling an Estate in Trust for the benefit of Mistress Elizabeth Pride and her Children An Act for the Ascertaining the Bounds of the several Rectories of Swaffham St. Ciriac and of Swaffham St. Maries within the Town of Swaffham Prior in the County of Cambridge and for the Uniting of the two Churches there An Act for the Restoring of Francis Scawen Gent. in Bloud An Act for Naturalizing Dame Mary Frazer and others An Act to Enable a Sale of Lands for payment of the Debts of Henry Kendall Esquire An Act for Setling part of the Lands of Henry Mildmay Esquire deceased for payment of his Debts and making Provision for his Children An Act to Enable Leicester Grosvenor and his Trustees to Sell certain Lands for payment of Debts Anno Reg. CAROLI Regis Angliae Scotiae Franciae Hiberniae Primo AT the Parliament begun at Westminster the Eighteenth day of June Anno Dom. 1625. in the first year of the Reign of our most gracious Soveraign Lord CHARLES by the grace of God of Great Britain France and Ireland King Defender of the Faith c. And there continued untill the Eleventh day of July following and then adjourned until the first day of August following unto Oxford To the high pleasure of Almighty God and to the Weal publick of this Realm were enacted as followeth CAP. I. There shall be no Assemblies for unlawful Pastimes upon the Lords Day FOrasmuch as there is nothing more acceptable to God than the true and sincere Service and Worship of him according to his holy Will and that the holy kéeping of the Lords Day is a principal part of the true Service of God which in very many places of this Realm hath béen and now is prophaned and neglected by a disorderly sort of people in exercising and frequenting Bear-baiting Bull-baiting Enterludes common Playes and other unlawful Exercises and pastimes upon the Lords Day And for that many quarrels blood-sheds and other great inconveniences have grown by the resort and concourse of people going out of their own Parishes to such disordered and unlawful exercises and pastimes neglecting Divine Service both in their own Parishes and elsewhere Be it enacted by the Kings most excellent Majesty the Lords Spiritual and â—emporal and the Commons in this present Parliament assembled and by the authority of the same Vnlawful Writings and Pastimes on the Lords Day forbidden That from and after forty dayes next after the end of this Session of Parliament there shall be no méetings assemblies or concourse of people out of their own Parishes on the Lords Day within this Realm of England or any the Dominions thereof for any sports and pastimes whatsoever nor any Bear-baiting Bull-baiting Enterludes common Plays or other unlawful exercises and pastimes used by any person or persons within their own Parishes Every person using any unlawfull pastimes on the Lords Day shall forfeit 3 s. 4 d. to the poor of the Parish and that every person or persons offending in any the premisses shall forfeit for every offence thrée shillings four pence The same to be employed and converted to the use of the poor of the Parish where such offence shall be committed And that if any one Iustice of the Peace of the County or the chief Officer or Officers of any City Borough or Town corporate where such offence shall be committed upon his or their view or confession of the party or proof of any one or more witness by oath which the said Iustice or chief Officer or Officers shall by vertue of this Act have authority to minister shall find any person offending in the premisses the said Iustice or chief Officer or Officers shall give Warrant under his or their hand and seal to the Constables or Church-wardens of the Parish or Parishes where such offence shall be committed After conviction by Warrant from a Iustice c. the Constables c. may levy the Pâ—naâ—â—s c. General â—ssâ—â— Limitation of this actâ—on The Ecclesiastical â—â—â—â—â—diction 〈◊〉 abridgeâ— to levy the said penalty so to be assessed by way of distress and sale of the goods of every such offendor rendring to the said offendors the overplus of the money raised of the said goods so to be sold And in default of such distress that the party offending be set publickly in the stocks by the space of thrée hours And that if any man be sued or impeached for execution of this Law he shall and may plead the general Issue and give the said matter of Iustification in evidence Provided That no man be impeached by this Act except he be called in question within one moneth next after the said offence committed Provided also That the Ecclesiastical Iurisdiction within this Realm or any the Dominions thereof by vertue of this Act or any thing therein contained shall not be abridged but that the Ecclesiastical Court may punish the said offences as if this Act had not béen made This Act to continue until the end of the first Session of the next Parliament and no longer 3 Car. 4. continued until the end of the first Session of the next Parliament Stat. 3 Car. 1. 17 Car. cap. 4. continued until other Order by Parliament CAP. II. All Leases to be made within three years by the Kings Majesty of the Dutchy-Lands of Cornwall confirmed WHereas the King our Soveraign Lord being in the life-time of his Royal Father of blessed memory seized of the said Dukedom of Cornwall did bargain and contract for Leases and Estates to be made of divers Messuages Lands Tenements and Hereditaments parcel of the said Dukedom of Cornwall which Leases and Estates his Majesty was enabled to have made in his Fathers life-time by an Act of Parliament made in the last Session of Parliament intituled An Act to enable the most excellent Prince Charles to make Leases of Lands 21 Jac. 29. parcell of his Highness Dutchy of Cornwall or annexed to the same And because his Majestie having received divers Fines and summes of Money according to the said Contracts and having entred into Treaty with divers others for like Estates the finishing of which Contracts and making the said Leases was prevented by his Majesties access to the Imperial Crown of this Realm is graciously pleased for the good of his poor Tenants of the said Dutchy Lands to procéed to the full accomplishment of the Contracts and Leases of the premisses All Leases to be made within three years by the King of the Dutchy Lands of Cornwall if all be good Be it therefore Enacted by our said Soveraign Lord the King the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of this present Parliament That all Leases to be made within the space of thrée years next ensuing by our said Soveraign Lord the King by Letters
or other outrage or misdemeanor whatsoever and by such summary course and order as is agréeable to Martial Law and as is used in Armies in time of War to procéed to the trial and condemnation of such Offendors and them to cause to be executed and put to death according to the Law Martial By pretext whereof some of your Majesties Subjects have béen by some of the said Commissioners put to death when and where if by the Laws and Statutes of the Land they had deserved death by the same Laws and Statutes also they might and by no other ought to have béen judged and executed And also sundry grievous Offendors by colour thereof claiming an exemption have escaped the punishments due to them by the Laws and Statutes of this your Realm by reason that divers of your Officers and Ministers of Iustice have unjustly refused or forborn to procéed against such Offendors according to the same Laws and Statutes upon pretence that the said Offendors were punishable onely by Martial Law and by Authority of such Commissions as aforsaid Which Commissions and all other of like nature are wholly and directly contrary to the said Laws and Statutes of this your Realm The Petition They do therefore humbly pray your most excellent Majesty That no man hereafter be compelled to make or yield any Gift Loan Benevolence Tax or such like charge without common consent by Act of Parliament And that none be called to make answer or take such Oath or to give attendance or be confined or otherwise molested or disquieted concerning the same or for refusal thereof And that no Fréeman in any such manner as is before mentioned be imprisoned or detained And that your Majesty would be pleased to remove the said Souldiers and Mariners and that your People may not be so burthened in time to come And that the foresaid Commissions for procéeding by Martial Law may be revoked and annulled And that hereafter no Commissions of like nature may issue forth to any person or persons whatsoever to be executed as aforesaid lest by colour of them any of your Majesties Subjects be destroyed or put to death contrary to the Laws and Franchise of the Land All which they most humbly pray of your most excellent Majesty as their Rights and Liberties according to the Laws and Statutes of this Realm And that your Majesty would also vouchsafe to declare That the awards doings and procéedings to the prejudice of your People in any of the premisses shall not be drawn hereafter into consequence or example And that your Majesty would be also graciously pleased for the further comfort and safety of your People to declare your royal will and pleasure That in the things aforesaid all your Officers and Ministers shall serve you according to the Laws and Statutes of this Realm as they tender the Honor of your Majesty and the Prosperity of this Kingdom Stat. 17 Car. cap. 14. CAP. I. A restraint of divers abuses committed on the Lords day FOrasmuch as the Lords day commonly called Sunday is much broken and prophaned by Carriers Waggoners Carters Wain-men Butchers and Drovers of Cattle to the great dishonor of God and reproach of Religion Be it therefore enacted by the Kings most excellent Majesty and the Lords Spiritual and Temporal and by the Commons in this present Parliament assembled and by the Authority of the same That no Carrier with any Horse or Horses A Carrier c. that travels upon the Lords day shall forfeit 20. s. nor Waggon-men with any Waggon or Waggons nor Car-men with any Cart or Carts nor Wain-man with any Wain or Wains nor Drovers with any Cattel shall after forty days next after the end of this present Session of Parliament by themselves or any other travel upon the said Day Butchers that sell or kill victual upon that day shall forfeit 6. s. 8. d. upon pain that every person and persons so offending shall lose and forfeit twenty shillings for every such offence Or if any Butcher by himself or any other for him by his privity or consent shall after the end of the said forty daies kill or sell any Victual upon the said Day That then every such Butcher shall forfeit and lose for every such offence the sum of six shillings and eight pence The said offences and every of them being done in view of any Iustice of Peace Mayor or other head Officer of any City or Town corporate within their limits respectively or being proved upon Oath by two or more witnesses or by the confession of the party offending before any such Iustice Mayor or head Officer within their several limits respectively wherein such offence shall be committed To which end every such Iustice Mayor or head Officer shall have power by this Act to minister an Oath to such witness or witnesses All which sums or penalties shall or may be levied by any Constable After conviction and by warrant from a Iustice c. the Constables c. may levy the said forfeitures to the use of the poor or they may be recovered by Suit or Church-warden by Warrant from any such Iustice or Iustices of the Peace Mayor or other head Officer as aforesaid within their several limits where such offence shall be committed or done by distress and sale of the Offendors goods rendring to the party the over-plus or shall be recovered by any person or persons that will sue for the same by Bill Plaint or Information in any of his Majesties Courts of Record in any City or Town corporate before his Majesties Iustices of the Peace in their General Sessions of the Peace All which forfeitures shall be employed to and for the use of the poor of the Parishes where the said offences shall be committed or done saving onely that it shall be lawful to and for any such Iustice Mayor or head Officer out of the said Forfeitures to reward any such person or persons that shall inform or otherwise prosecute any person or persons offending against this present Act according to their discretions so that such reward excéed not the third part of the Forfeiture Provided that such Bill Plaint or Information shall be commenced sued and prosecuted in the County City or Town corporate where such offence shall be committed and done and not elsewhere wherein no Essoin Protection or Wager of Law shall be allowed to the Defendant Provided always That it shall be lawful for any Constable or Church-warden that shall have any Suit or Action brought against them for any Distress by them or any of them to be taken by force of this present Act to plead the general Issue and to give the special matter in Evidence Provided likewise That no person or persons whatsoever shall be impeached by this Act unless he be thereof questioned within six moneths after the Offence committed Provided further That this Act shall not in any sort abridge or take away the Authority of the Court Ecclesiastical
This Act to continue to the end of the first Session of the next Parliament St. 1 Car. 1. Continued and made perpetual 17 Car. cap. 4. CAP. II. A restraint of passage or sending any person beyond the Seas to be Popishly bred FOrasmuch as divers ill affected persons to the true Religion established within this Realm have sent their children into foreign parts to be bred up in Popery 1. Jac. 4. He that goes himself or sends any other beyond the seas to be trained up in Popery c. shall be disabled to sue c. and shall lose all his goods and shal forfeit all his lands c. for life Stat. 27 El. 2. Stat. 3 Jac. 5. notwithstanding the restraint thereof by the Statute made in the first year of the reign of our late Soveraign Lord King James of famous memory Be it Enacted That the said Statute shall be put in due execution And be it further Enacted by the Kings most excellent Majesty and the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same That in case any person or persons under the obedience of the King his heirs and Successors at any time after the end of this Session of Parliament shall pass or go or shall convey or send or cause to be sent or conveyed any Childe or other person out of any of the Kings Dominions into any the parts beyond Seas out of the Kings obedience to the intent and purpose to enter into or be resident or trained up in any Priory Abbey Nunnery Popish Vniversity Colledge or School or House of Iesuits Priests or in any private Popish Family and shall be there by any Iesuite Seminary Priest Friar Monk or other Popish person instructed perswaded or strengthned in the Popish Religion in any sort to profess the same or shall convey or send or cause to be conveyed or sent by the hands or means of any person whatsoever any sum or sums of Money or other thing for or towards the maintenance of any Childe or other person already gone or sent or to go or to be sent and trained and instructed as is aforsaid or under the name or colour of any Charity Benevolence or Alms towards the relief of any Priory Abbey Nunnery Colledge School or any Religious House whatsoever Every person so sending conveying or causing to be sent and conveyed as well any such Childe or other person as any sum or sums of Money or other thing and every person passing or being sent beyond the Seas being thereof lawfully convicted in or upon any Information presentment or Indictment as is aforesaid shall be disabled from thenceforth to sue or use any Action Bill Plaint or Information in course of Law or to prosecute any Suit in any Court of Equity or to be Committée of any Ward or Executor or Administrator to any person or capable of any Legacy or Déed or Gift or to bear any Office within the Realm and shall lose and forfeit all his Goods and Chattels and shall forfeit all his Lands Tenements and Hereditaments Rents Annuities Offices and Estates of Fréehold for and during his natural life A convert shall not incur the penalties aforesaid Stat. 27. El. 2. Provided always That no person sent or conveyed as aforesaid that shall within six moneths after his return into this Realm conform himself unto the present Religion established in this Church of England and receive the Sacrament of the Lords Supper according to the Statutes made concerning Conformity in other cases required from Popish Recusants shall incur any the penalties aforesaid And it is enacted That all and every of the Offences against this Statute may be inquired heard and determined before the Iustices of the Kings-Bench or Iustices of Assise or Gaol-delivery or of Oyer and Terminer of such Counties where the Offendors did last dwell or abide or whence they departed out of this Kingdom or where they were taken Provided also That if any person or Childe so passing or sent or now being beyond the Seas shall after his return into this Realm conform himself to the present Religion established in this Church of England and receive the Sacrament of the Lords Supper according to the Statutes made for or concerning Conformity in other cases required from Popish Recusants for and during such time as he or she shall so continue in such Conformity and obedience according to the true intent and meaning of the said Laws and Statutes shall have his or her Lands restored to them again CAP. III. The Forfeiture and Punishment of him that keeps an Alehouse without License VVHereas by an Act made in the fifth year of the reign of King Edward the sixth of famous memory intituled an Act for kéepers of Alehouses to be bound by Recognizance amongst other things ◠6. Ed. 6. 25 it is enacted That if any person or persons other then such as should be from thenceforth admitted and allowed by the Iustices mentioned in the said Act should after the day in the said Act limited obstinately and upon his own authority take upon him or them to kéep a common Alehouse or Tippling-house or should contrary to the commandment of the said Iustices or two of them use commonly selling of Ale or Béer That then the said Iustices of Peace or two of them whereof one to be of the Quorum should for every such offence commit every such person or persons so offending to the Common Gaol within the same Shire City Borough Town corporate Franchise or Liberty there to remain without bayl or mainprise by the space of thrée days And before his or their deliverance the said Iustices shall take recognizance of him or them so committed with two Sureties that he or they should not kéep any common Alehouse Tippling-house or use commonly selling of Ale or Béer as by the discretion of the said Iustices should séem convenient And the said Iustices should make Certificate of every such Recognizance and Offence at the next Quarter Sessions that should be holden within the same Shire City Borough Town corporate Franchise or Liberty where the same should be committed or done which Certificate should be a sufficient Conviction in Law of the same Offence And the said Iustices of Peace upon the said Certificate made should in open Sessions assess the Fine for every such Offence at twenty shillings as by the said Act may appear Which Law hath not wrought such Reformation as was intended for that the said Fine of twenty shillings is seldom levied and for that many of the said Offendors by reason of their poverty are neither able to pay the said Fine of twenty shillings nor yet to bear their own Charges of conveying them to the Gaol And moreover do leave a great charge of Wife and Children upon the Parishes wherein they live In regard whereof the Constables and other Officers are much discouraged in presenting them and the Offendors become
obstinate and incorrigible For remedy whereof Be it Enacted by the Authority of this present Parliament That if any person or persons He that keeps an Alehouse c. without license shall forfeit 20. s after forty days next ensuing the end of this present Session of Parliament shall upon his own authority not being thereunto lawfully licensed take upon him or them to kéep a common Alehouse or Tippling house or use commonly selling of Ale Béer Syder or Perry That then every such person or persons shall for every such Offence forfeit and lose the sum of twenty shillings of currant money of England to the use of the poor of the Parish where such offence shall be committed The same offence being viewed and séen by any Mayor Bailiff or Iustice of Peace or other head Officer within the several limits or confessed by the party so offending or proved by the oath of two witnesses to be taken before any Mayor Bailiff or other head Officer or any one or more Iustice or Iustices of the Peace The Constables or Church-wardens shall levy the said forf to the use of the Poor who by vertue of this Act shall be authorised to minister the said oath to any person or persons that can or will justifie the same being within the limits of their said Commission The said penalty to be levyed by the Constables or Church-wardens of the parish or parishes where the said offence shall be committed Who shall be accountable therefore to the use of the poor of the said parish by way of distress to be taken and detained by warrant or precept from the said Mayor Bailiff Iustice or Iustices or other head Officer by whom the said offence shall be viewed or before whom the same shall be confessed or proved as aforesaid and for default of satisfaction within thrée daies next ensuing The party that is not able to pay the forf shall be whipped the said distress to be by the said Constables or Church-wardens apprised and sold and the overplus to be delivered to the party or parties offending and this to be only for the first offence And if such offender or offenders shall not have sufficient Goods and Chattels whereby the said twenty shillings may be levyed by way of distress as aforesaid or shall not pay the said sum of twenty shillings within six daies after such conviction as aforesaid That then the said Mayor Bailiff Iustice or Iustices or other head Officer before whom the said Offender shall be convicted as aforesaid shall commit all and every the said offender or offenders to some Constable or Constables or other inferiour Officer or Officers of the City Borough Town Parish or Hamlet where the offence shall be committed or the party apprehended to be openly whipped for the said offence as the said Iustice or Iustices shall limit or appoint And be it Enacted by the authority aforesaid The officer neglecting to punish the offender shall be imprisoned or pay ten shillings That if any Constable or inferiour Officer shall neglect to execute the said precept or warrant or do refuse or do not execute by himself or some other to be by him appointed upon the offender the punishment limited by this Statute that in that case it shall and may be lawful for the said Mayor Bailiff Iustice or Iustices of Peace or other head Officer to commit the Constable or other inferiour Officer so refusing or not executing the said punishment by himself or some other to the common Gaol of the said County City or Town corporate there to remain without bail or mainprise untill the said Offender or Offenders shall be by the said Constable or Constables or other inferiour Officer so refusing or not executing the said punishment or some by his or their procurement punished and whipped as is above limited and declared or untill he or they so neglecting or refusing shall have paid the sum of forty shillings of lawful money of England unto the use of the poor of the parish for their said contempt And be it further Enacted For the second and third offence the offender shall be committed to the house of correction that if the said Offender or Offenders being an unlicensed Alehouse-keeper shall offend in any of the premisses the second time and be thereof lawfully convicted in manner and forme aforesaid That then the said Mayor Bailiff Iustice or Iustices of the Peace or other head Officer shall commit him her or them unto the house of Correction there to remain for the space of one moneth and be dealt withall as idle lewd and disorderly persons And if such Person or Persons shall again offend and shall be thereof convicted as aforesaid that then the said offender and offenders for every such offence shall be committed unto the said house of Correction as aforesaid there to remain until by the order of the Iustices in their general Sessions for the County City Borough or Franchise he she or they shall be delivered from thence Provided alwayes that such offender or offenders as shall be punished by vertue of this act The offender punished by this act shall not be again punished by 5 6 Ed. 6. 25. contra Alehouses kept in the time of Fairs excepted shall not be punished again for the same offence by the former Act made in the fifth year of King Edward the sixth aforementioned And that such offender or offenders as shall be punished by vertue of the before mentioned Act made in the fifth year of King Edward the sixth shall not be punished again for the same offence by vertue of this present Act nor any thing therein contained Provided alwayes That in such Towns and places where any Fair or Fairs shall be kept that for the time only of the same Fair or Fairs it shall be lawful for every person or persons to use common selling of Ale or Béer in Booths or other places there for the relief of the Kings Subjects that shall repair unto the same in such like manner and sort as hath béen used and done in times past this Act or any thing therein contained to the contrary notwithstanding St. 11 H. 7. 2. 1 Jac. 9. 4 Jac. 10. 21 Jac. 7. 1 Car. 4. CAP. IV. Divers Statutes made perpetual others continued and some others repealed 1 El. 17. When Corn may be transported c. BE it Enacted by the authority of this present Parliament That one Act made in the first year of the reign of the late Quéen Elizabeth intituled An Act for the preservation of spawn and fry of fish except the proviso in the said Act mentioned that the same Act shall not extend to the Rivers of Twéed nor Waters or Rivers whereof the Quéen was answered of any yearly rent or profit nor to Farmers Owners or Occupiers of the Rivers of Wye Vske 13 El. 20. and other Rivers in the said proviso mentioned or contained One Act made in the thirteenth year
and letting to Ferme the said Office of Clerk of the Market and the Execution thereof in and through all or the most of the several Counties of this Kingdome for great sums of Money which the said Fermours or Grantées by their unjust and undue procéedings in the said Office do extort from his Majesties Subjects again to their great impoverishment and yet little or no redress at all in their said Weights or Measures or any benefit thereby accruing to his Majesty For remedy whereof and for regulating of all Weights and Measures according to the true intent of this Statute and the other Statutes in the behalf formerly made and provided and preventing the said inconveniencies There shall be but one measure one weight and one yard St. 9 H. 3 25. 14 E. 3. 12. 27 E. 3. 10. Be it therefore Enacted by the Kings most Excellent Majesty the Lords and Commons of this present Parliament assembled and by the Authority of the same That from henceforth there shall be but one Weight one Measure and one Yard according to the Standard of the Exchequer throughout all the Realm as well in places priviledged as without Any usage or custome to the contrary notwithstanding And that every Measure of Corn shall be striked without heap And whosoever shall sell by or kéep any other Weight Measure or Yard then as aforesaid whereby any Corn Grain or other thing is bought or sold after six moneths after the end of this present Session of Parliament shall forfeit for every such offence five shillings Forfeiture being thereof lawfully convicted by the Oath of one sufficient Witness before any Iustice of Peace Mayor or other head Officer of the County City or Town Corporate respectively where the said Offence shall be committed Who by vertue of this Act shall have power to administer an Oath in that behalf How to be levyed Which said sum or penalty of five shillings shall be levyed by the Church-wardens and Overséers of the Poor of the Parish or some or one of them where such Offence is or shall be committed to the use of the Poor of the same Parish of the Goods and Chattels of such Offenders by way of Distress and Sale of the Offenders Goods rendring the Overplus to the party so offending And in default of such Distress it shall be lawful for any Iustices of Peace Mayor or other head Officer of the County City or Town corporate respectively to commit the said party to the Prison or Gaol there to remain without Bail or Mainprise untill he shall pay such sums of Money forfeited as aforesaid And be it further Enacted by the Authority aforesaid Clerk of the Market his limits That no Clerk of the Market of the Kings House which now is or hereafter shall be or of the Prince His Highnesse His Heirs or Successours which is or shall be Duke of Cornewall or His or Their Deputy or Deputies shall hereafter execute his or their said Office or Offices respectively in any part of the Kingdom but only within the Verge of the Kings Court where it shall then reside for the time being And that it shall be alwayes hereafter lawful for any Mayor Mayor head Officer and Lords of Liberties have power as clerks of the Market or other head Officer of any City Burrough or Town Corporate or for any Lord or Lords of Liberty Liberties or Franchises his or their Deputy or Deputies or Agents according to their several Liberties and Iurisdictions to have full power to execute the said Offices respectively as they ought or might have done before the making of this Act And for the more ease of his Majesties Subjects Be it further Enacted Forfeiture of â—lerke of the Market for offences That if any Clerk of the Market within his aforesaid precincts and limits of the Verge of the Kings house only or any Mayor or other Officer whatsoever who by vertue of this Act shall have power to inquire of any abuses in Weights and Measures shall seal or give allowance unto any other Weight or Measure Weights or Measures other then according to the said Standard of the Exchequer or shall upon reasonable request and warning refuse to seal or give allowance unto such Weight or Measure Weights or Measures as are according to the said Standard of the Exchequer paying only such Fée or Fées for such allowance as by the Statute or Statutes or by ancient custome are in that behalf formerly provided and allowed and no more That then the said Clerk of the Market Mayor and other Officer or Officers of such City Burrough or Town and the said Lord and Lords of Liberty or Liberties and his and their Deputy and Deputies and Agents respectively shall forfeit for every such offence five pounds to be levyed as aforesaid to the use of the poor of the parish where such offence is or shall be committed And be it further Enacted by the Authority aforesaid That if the Clerk of the Market Forfeiture for taking unlawful fines or fees his Deputy or Deputies or Agents within the Verge aforesaid or any Mayor or any other Officer or Officers of any City or Town or any Lord or Lords of Liberties his or their Deputy or Deputies Agents or Assigns respectively shall take or receive of any of his Majesties Subjects by colour of the said Office any common Fine or Fines or any Fées other then are formerly allowed by the Statute or Statutes or ancient custome in that behalf made or used shall take any Fée or Fées or other sum of money Reward or consideration for the making Signing or Examination of any Weights or Measures which have béen formerly Marked or Sealed or shall Impose or Assess or cause to be Imposed or Assessed any Fine or Amerciament Fines or Amerciaments without a due and legal trial of the Offences for which the said Fine or Fines Amerciament or Amerciaments are Imposed or Assessed or shall otherwise misdemean himself in the execution of his said Office and be thereof lawfully convicted He shall forfeit for the first Offence whereof he shall also be so lawfully convicted five pounds And for the second offence ten pounds And for the third offence and every other offence afterwards twenty pounds to be levyed as aforesaid to the use of the pâ—or of the Parish where such offence shall be committed And be it Enacted That whosoever shall be fined or amerced by vertue of this Act St. 13 R. 1. 4. Persons â—ined by this Act not to be â—ined upon any former law Rents of ferms of corn excepted shall not be again fined or amerced for the same offence by vertue of any former Law or Statute Provided alwayes That this Act or Statute shall not extend to the Rents of Ferms or Lands or any Corn or Grain due or payable to any Lord or Lords or any Colledges Houses or other Societies by vertue of any â—ease or Leases or other Covenant or Agreement
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
shall cause to be proclaimed in the Market Town next to such place Penalty for taking more then limited for lodging c. and in such of the Neighbouring Towns and Villages as to them shall séem méet to the end that notice may be taken of such Rates and Prices And if any person shall take any other sum then what is or shall be so limited either for Lodging Horse-meat Stable-room or other such accomodations and be thereof convicted by confession of the party or by the Oath of one credible witness before any one Iustice of the Peace which Oath the said Iustice of the Peace is hereby authorized to administer That then in such case every person so offending shall forfeit and pay to the party grieved the sum of Forty shillings the same to be levied by distress by Warrant from the said Iustice of the Peace and sale thereof returning the overplus to the party the charge of the distraining being first deducted This Act to have continuance till the end of the first Session of the next Parliament and no longer CAP. IX Articles and Orders for the regulating and better Government of His Majesties Navies Ships of War and Forces by Sea FOr the regulating and better Government of his Majesties Navies Ships of War and Forces by Sea wherein under the good Providence and Protection of God the Wealth Safety and Strength of this Kingdom is so much concerned Articles to be observed Be it Enacted by the Kings most Excellent Majesty with the advice and consent of the Lords and Commons in this present Parliament assembled and by the Authority thereof That all and every the Articles and Orders in this Act mentioned shall be duely and respectively put in Execution observed and obeyed in manner hereafter mentioned I. The publick Worship of God THat all Commanders Captains and other Officers at Sea shall cause the publick Worship of Almighty God according to the Liturgy of the Church of England established by Law to be solemnly orderly and reverently performed in their respective Ships And that prayers and preachings by the respective Chaplains in holy Orders of the respective Ships be performed diligently and that the Lords Day be observed according to Law II. Swearing Drunkenness c. Every person and persons in his Majesties pay using unlawful and rash Oaths Cursings Execrations Drunkenness Vncleanness or other Scandalous Actions in derogation of Gods Honour and corruption of good manners shall be punished by Fine Imprisonment or otherwise as the Court-Martial shall think fit III. Holding any forreign Intelligence If any Officer Mariner Souldier or other person in the Fléet shall give hold or entertain Intelligence to or with any King Prince or State being Enemy to or any persons in Rebellion against his Majesty his Heirs and Successors without direction or leave from the Kings Majesty the Lord High Admiral Vice-Admiral or Commander in Chief of any Squadron every such person or persons so offending shall be punished with death IV. Letters or Messages from any forreign Prince c. Enemy to the King If any Letter or Message from any King Forrein Prince State or Potentate being an Enemy to the Kings Majestie his Heirs and Successors or on their behalf be conveyed to any Inferiour Officer Mariner or Souldier or other in the Fléet and the said Officer Mariner Souldier or other as aforesaid do not within twelve hours having opportunity so to do acquaint the Superiour Commander with it or if a Superiour Officer or Mariner being acquainted therewith by an Inferiour Officer Mariner or other or himself in his own person receiving a letter or message from any such Enemy or Rebel and shall not in convenient time reveal the same to the Admiral Vice-Admiral or the Commander of the Squadron every such person shall be punished with death or such other punishment as the Court-Martial shall think fit V. Relieving of any Enemy No person or persons of the Fléet shall relieve an Enemy or Rebel in time of War with money Victuals Powder Shot Arms Ammunition or any other Supplies whatsoever directly or indirectly upon pain of death or such other punishment as the Court-Martial shall think fit to impose VI. Papers Charter-Parties c. taken in any Ship seised as Prize All the Papers Charter-Parties Bills of Lading Pasports and other Writings whatsoever that shall be taken seized or found aboard any Ship or Ships which shall be surprised or seised as Prize shall be duly preserved and not torn nor made away but the very Originals sent up intirely and without fraud to the Court of Admiralty or such other Commissioners as shall be appointed for that purpose there to be viewed made use of and procéeded upon according to Law upon pain of loss of all the shares of the Takers and such further punishment to be inflicted upon the Offenders therein as the quality of their offence and misdemeanor shall be found to deserve and the Court-Martial shall impose VII Prize Ships or Goods seised for prize None in his Majesties pay shall take out of any Prize or Ship or Goods seized on for Prize any Money Plate Goods Lading or Tackle before Iudgment thereof first past in the Admiralty Court but the full and intire accompt of the whole without imbezelment shall be brought in and Iudgment past intirely upon the whole without fraud upon pain of such punishment as shall be imposed by a Court-Martial or the Court of Admiralty excepting That it shall be lawful for all Captains Sea-men Souldiers and others serving as aforesaid to take and to have to themselves as Pillage without further or other accompt to be given for the same all such Goods and Merchandizes other then Arms Ammunition Tackle Furniture or Stores of such Ship as shall be found by them or any of them in any Ship they shall take in fight or prize upon or above the Gun-deck of the said Ship and not otherwise VIII Imbezeling any Cables Anchors c. None shall imbezle steal or take away any Cables Anchors Sails or any of the Ships Furniture or any of the Powder or Arms or Ammunition of the Ship upon pain of death or other punishment as the quality of the offence shall be found by a Court-Martial to deserve IX Forrein ships taken as prize not making resistance If any Forrein Ship or Vessel shall be taken as prize that shall not fight or make resistance that in that case none of the Captains Masters or Mariners being Forreiners shall be stripped of their Clothes or in any sort pillaged beaten or evil entreated upon pain That the person or persons so offending shall forfeit double Damages but the said Forrein Ships and all the Goods so taken shall be preserved intire to receive Iudgment in the Admiralty Court according to Right and Iustice X. Every Captain or Commander who upon signal or order of fight or view The duty of Captains c. upon signal of
for the Kings Aulnage And that if any piece or pieces of Stuffs shall be found in the possession of any person or persons unsealed except in the possession of the first Owner or Maker thereof the person or persons in whose custody the same shall be found shall be adjudged guilty of deceit and shall forfeit for every such piece of Stuff which be so found in his or their possession unsealed as aforesaid the sum of Four shillings The penalty for buying unsealed Stuffs And the Maker and Seller of the same who shall deliver the same out of his or their possession before the same be sealed shall likewise forfeit for every such piece other Four shillings to the use of the Poor of the said Trade and Manufacture And that if any person shall counterfeit any Seal of the said Trade or shall seal any piece of Stuff under the Regulation with any counterfeit Seal The penalty for counterfeiting any seale of the said Trade or shall remove a Seal off one piece and set it unto another piece which hath not béen sealed by the Wardens every person so offending and being thereof convicted by his own confession or by the Oath of two or more Witneses to be taken before the Mayor of the said City or his Deputy or any one Iustice of the Peace of the City of Norwich or County of Norfolk who respectively have hereby power to administer an Oath for that purpose shall forfeit for every such offence the sum of twenty pounds of lawful English money to the use of the Kings Majesty None may use the said Trade but such as have been apprentices 7. years And be it further Enacted by the Authority aforesaid That no person or persons shall use or exercise the same Trade as a Weaver unless he hath served to the same Trade as an Apprentice by the space of seven years upon pain of forfeiting Fourty shillings for every moneth he shall use or exercise the same Trade not having served thereunto as aforesaid the one half thereof to the Kings Majesty and the other half thereof to the person or persons who will sue or prosecute for the same by Action of Debt The penalty Bill Plaint Indictment or Information in any of His Majesties Courts of Record Every one shall weave his own marke in his Stuff And that every person under the said Regulation shall weave his proper Stuff-Mark into every piece of Stuff which he shall weave or cause to be woven at the head end of the same piece upon pain of forfeiting thrée shillings for every piece that shall be woven without such Mark to the use of the poor of the said Trade and Manufacture The Wardens and Assistants may enter houses Work houses and ware houses to search for Stuffs And the said Wardens and Assistants or any two or more of them shall have and hereby have power to enter into and search the Houses and Work-houses of any Artificers within the City of Norwich and County of Norfolk under the Regulation of the said Wardens and Assistants and the Shops House and Ware-houses of any Merchant common buyer dealer in and retailer of any the said Stuffs and into the house and Work-house of any Dier Shéer-man Callender or other workmans house and place of sale and dressing of the said Stuffs at all times of the day and usual times of working and may there search and view the Stuffs there found whether they be ordered and made according to this present Act Faulty and defective Stuffs to be seized and tryed and the Laws Orders and Ordinances of the said Trade And that if any such Stuff as aforesaid shall be found faulty or defective That then they or any two of them shall seize take and carry away the same to be ordered and brought to Tryal and procéeded against in manner and form as is before in this present Act mentioned and appointed for defective Stuffs Proviso for poor Iourneymen And for the better providing that poor Iourneymen who have served in the said Trade and are not able to set up for themselves may be Imployed in work It is hereby Enacted that whatsoever person under the Regulation of the said Trade who shall Imploy two Apprentices in the said Trade shall likewise Imploy and set on work two Iourneymen in the said Trade during the time he imploys two Apprentices And that no Master-weaver under the Regulation of the said Trade shall at any time have imploy or set on work above two Apprentices or any wéek-boy to weave in a Loom in the said Trade in Worsted-weaving upon pain that every person shall forfeit for every moneth so offending as aforesaid the sum of five pounds to the use of the Kings Majesty Obedience and conformity to this Act. And be it further Enacted That all persons who are or may be concerned in any thing contained in this present Act are hereby strictly enjoyned and required to yield due obedience thereunto according to the true intent and meaning of this present Act And that if any person or persons shall refuse Penalty upon such as shall refuse or hinder the Execution hinder or will not permit the said Wardens or Assistants or any two or more of them to execute their Office according to the Tenor of this Act That then every person so offending being thereof Convicted by the Oath of one or more credible Witnesses before the Mayor of the said City or his Deputy or any one Iustice of Peace of the said City of Norwich or County of Norfolk respectively who are hereby Authorized to administer such Oath shal forfeit the sum of Forty shillings to the use of the Kings Majesty And if any person lawfully Summoned to appear upon any Iury or Trial according to the Tenor of this Act The penalty for not appearing upon a Iury or tryall shall refuse or neglect to appear and procéed upon the same every person so refusing or neglecting shall forfeit for every such neglect or refusal the sum of Five shillings to to the use of the Poor of the said Trade and Manufacture which said penalties and forfeitures together with all other Fines and Penalties which are appointed to go to the poor of the Trade and Manufacture or for the use thereof mentioned in this Act the means of Recovery of which is not already otherwise herein provided and set forth shall be levied by distress and sale of the Offenders Goods and Chattels by warrant to be granted by the said Mayor or his Deputy for the time being or any one Iustice of Peace of the City of Norwich or County of Norfolk rendring the Overplus of such distress to the Owner thereof if any shall be and the same shal be by him demanded or otherwise to be recovered by Action of Debt Bill Plaint Indictment or Information in any His Majesties Courts of Record wherein no wager of Law Essoyn or Protection shall be allowed to
Work-house or Work-houses to be established by this present Act who are hereby authorized and impowred by themselves or their Officers thereunto by them deputed to collect gather receive and recover the said money and Legacies which shall be due and in arrear as aforesaid with which said Arrears and every part and parcel thereof the Corporation or Corporations aforesaid by this Act made constituted and established is and shall be hereby invested and interessed for the execution of the service hereby enjoyned them and all those that have had or now have any of the said Stocks in their or any of their hands shall be accountable to the said Treasurer or to those that shall be appointed by the said Corporation or Corporations or any seven or more of them to take the said account Provided always And be it Enacted by the Authority aforesaid That there shall be a full allowance of all just and necessary expences which have béen laid out by the said former Corporation for the relief of the said poor and the carrying on of the said Service since the time before expressed Power to make Orders and By-laws And it is further Enacted by the Authority aforesaid That the respective President and Governours or any Seven of them shall have power from time to time to make and constitute Orders and By-Laws for the better relieving regulating and setting the poor to work and the apprehending and punishing of Rogues Vagabonds and Beggers within the Cities Liberties and places aforesaid that have not wherewith to maintain themselves and for other the matters aforesaid Provided the said Orders and By-Laws shall from time to time be presented to the Iustices of Peace in their Quarter-Sessions assembled to be allowed by the major part of them and confirmed by order of the said Court And it is further Enacted by the Authority aforesaid Power to choose and entertain officers That the President and Governours of any of the said Corporation or Corporations Work-house or Work-houses or any fourtéen or more of them being assembled together shall have hereby power to choose and entertain all such Officers and other as shall be néedful to be imployed in and about the premisses and them or any of them from time to time to remove as they shall see cause and upon the death or removal of them or any of them to choose others in their places for the carrying on of the work and to make and give such reasonable allowances unto them or any of them out of the Stock and Revenue belonging to the said Corporation or Work-house as they shall think fit And it is further Enacted by the Authority aforesaid That all Sheriffs Bailiffs Constables All Sheriffs c. to be assisting the said Corporation their officers and all other Officers and Ministers of Iustice shall be aiding and assisting to the said Corporation or Corporations and to all such Officers as shall be imployed by them or any of them in the execution or performance of the said Service And whereas the Laws and Statutes for the apprehending of Rogues and Vagabonds have not béen duly executed sometimes for want of Officers by reason Lords of Mannors do not kéep Court Léets every year for the making of them Constables how made in default of holding Court-Leets Be it therefore Enacted by the Authority aforesaid That in case any Constable Headborough or Tithingmen shall dye or go out of the Parish any two Iustices of the Peace may make and swear a new Constable Headborough or Tithingman untill the said Lord shall hold a Court or untill next Quarter-Sessions who shall approve of the said Officers so made and sworn as aforesaid or appoint others as they shall think fit And if any Officer shall continue above a year in his or their Office That then in such case the Iustices of Peace in their Quarter-Sessions may discharge such Officers and may put another fit person in his or their place untill the Lord of the said Mannor shall hold a Court as aforesaid And whereas for want of some encouragement to such person or persons as shall apprehend Rogues Vagabonds and sturdy Beggars 39 El. cap. 17. 1 Jac. cap. 7. Apprehending Rogues and Vagabonds the Statutes made in the Nine and thirtieth year of Quéen Elizabeth and first year of King James in which Statutes the Constable Headborough or Tithingman of every Parish that shall not apprehend such Rogues Vagabonds and Sturdy Beggars which shall pass through or be found in their said Parish unapprehended such Constable Headborough or Tithingman shall forfeit as in the said Statutes is expressed are not duly executed Be it therefore Enacted by the Authority aforesaid How rewarded That it shall and may be lawful to and for any Iustice of the Peace to whom any Rogue Vagabond or Sturdy Beggars so apprehended shall be brought to reward any person or persons that shall apprehend any Rogue Vagabond or Sturdy Beggar by granting unto such person or persons an Order or Warrant under his hand and Seal to the Constable Headborough or Tithingman of such Parish where such Rogue Vagabond or sturdy Beggar passed through unapprehended requiring him to pay such person or persons the sum of two shillings for every Rogue Vagabond or sturdy Beggar which shall be so apprehended And if such Constable Headborough or Tithingmen refuse or neglect to pay the two shillings as aforesaid that then the said Iustices of Peace or any other Iustice or Iustices of Peace shall procéed against any such Constable Headborough or Tithingman according to the said Statutes and to compel him to pay such sum of money as he hath forfeited by the Statute of the first year of King James aforesaid and to allow out of the said Forfeiture the said two shillings and such reasonable means and allowance for loss of time as they shall think fit And if any person or persons shall apprehend any Rogue Vagabond or sturdy Beggar Rogues and Vagabonds apprehended at the contines of any county how to be dealt withal at the confines of any County which passed through any Parish of another County unapprehended it shall be lawful for such person or persons to go to some Iustice of Peace of that County through which such Rogue Vagabond or sturdy Beggar passed unapprehended who is hereby required upon a Certificate under the hand of some Iustice of Peace of the County where such Rogue Vagabond or sturdy Beggar was so apprehended to grant his Order or Warrant under his hand and Seal requiring the said Constable Headborough or Tithingman to pay unto such person or persons as aforesaid the sum of two shillings which if he shall refuse or neglect to do then such Iustice is hereby required to procéed against such Constable Headborough or Tithingman and to cause him to pay ten shillings or so much thereof for his expenses and loss of time as the said Iustice of Peace shall think fit to such person
respective shores upon the penalty of forfeiture of the said Nets so imployed or the full value thereof and one moneths Imprisonment without Bail or Mainprize Pilchards and Fumathoes to be bought of the Owners and Adventurers in Fishing And it is hereby Enacted by the Authority aforesaid That if any person or persons being neither Owners Partners or Adventurers in the Craft of Fishery and in the Boats and Saynes thereunto belonging or shall presume from and after the day before limited to make or cause to be made any Pilchards or Fumathoes in Cask to be Sold or Transported except he or they shall openly buy the aforesaid Fish of the respective Owners Partners and Adventurers in the said Pilchard Craft or with their express allowance leave and consent that they shall in such case forfeit all and singular such Pilchards and Fumathoes so made and every Cask thereof or their full value the one half to the King and the other half to him or them that shall so sue for the same by Bill Plaint or other Information and upon Legal proof recover the same And be it further Enacted That if any Owner Partner or Company or any other person or persons whatsoever shall fraudulently purloyn imbezel hide convey carry away or dispose by sale or otherwise or cause to be purloyned imbezelled hidden conveyed carried away or disposed out of the Nets Boats or Cellars any Pilchard Fish without the express leave consent and allowance of the proper Owner and major part of the Company respectively that then every such person and persons that shall offend therein upon legal evidence shall pay treble the value in satisfaction to the parties so wronged and be sent to the House of Correction for thrée moneths And be it further Enacted by the Authority aforesaid Idle and suspicious flocking about Pilchard Boats to depart upon warning That if any idle or suspicious person or persons shall in the night assemble and flock together about the Boats Nets or Sellars belonging to any Pilchard-Craft upon any the Coasts of Cornwal or Devon having no business there to do and being warned by the Company or Owner of such Boats or Sellars to be gone that then upon complaint made unto any one Iustice of the Peace every such person or persons refusing so to do shall pay Five shillings to the poor of the Parish where such offence was committed or shall be set in the Stocks for the space of Five hours CAP. XXIX An Act for the Reversing of the Earl of Strafford his Attainder WHereas Thomas late Earl of Strafford was Impeached of High Treason The Reasons and Grounds of Repealing the Attainder upon pretence of endeavouring to Subvert the Fundamental Laws and called to a publick and solemn Arraignment and Trial before the Péers in Parliament where he made a particular Defence to every Article objected against him insomuch that the Turbulent party then séeing no hopes to effect their unjust designs by any ordinary way and method of procéedings did at last resolve to attempt the destruction and Attainder of the said Earl by an Act of Parliament to be therefore purposely made to Condemn him upon accumulative Treason none of the pretended Crimes being Treason apart and so could not be in the whole if they had béen proved as they were not and also adjudged him guilty of constructive Treason that is of levying War against the King though it was onely the commanding an Order of the Council-Board in Ireland to be executed by a Serjeant at Arms and Thrée or Four Souldiers which was the constant practice of the Deputies there for a long time To which end they having first presented a Bill for this intent to the House of Commons and finding there more opposition then they expected they caused a multitude of Tumultuous persons to come down to Westminster Armed with Swords and Staves and to fill both the Palace-Yards and all the Approaches to both Houses of Parliament with fury and clamour and to require Iustice spéedy Iustice against the Earl of Strafford And having by these and other undue practices obtained that Bill to pass in the House of Commons they caused the Names of those resolute Gentlemen who in a case of innocent blood had fréely discharged their consciences being Nine and fifty to be posted up in several places about the Cities of London and Westminster and stiled them Straffordians and Enemies to their Countrey hoping thereby to deliver them up to the fury of the people whom they had endeavoured to incense against them and then procured the said Bill to be sent up to the House of Péers where it having sometime rested under great deliberation at last in a time when a great part of the Péers were absent by reason of the Tumults and many of those who were present protested against it the said Bill passed in the House of Péers And at length his late Majesty King Charles the First of Glorious memory granted a Commission for giving his Royal assent thereunto which nevertheless was done by his said Majesty with excéeding great sorrow then and ever remembred by him with unexpressible grief of heart and out of His Majesties great Piety he did pulickly express it when his own Sacred life was taken away by the most detestable Traitours that ever were For all which causes 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 Commons in this present Parliament assembled That the Act Entituled An Act for the Attainder of Thomas Earl of Strafford of High Treason and all and every Clause Article and thing therein contained being obtained as aforesaid is now hereby repealed revoked and reversed And to the end that right be done to the memory of the deceased Earl of Strafford aforesaid Be it further Enacted That all Records and procéedings of Parliament relating to the said Attainder be wholly cancelled and taken off the File or otherwise defaced and obliterated to the intent the same may not be visible in after-ages or brought into example to the prejudice of any person whatsoever Provided That this Act shall not extend to the future questioning of any person or persons however concerned in this business or who had any hand in the Tumults or disorderly procuring the Act aforesaid Any thing herein contained to the contrary thereof notwithstanding CAP. XXX Madder shall be Imported pure and unmixed REP. 15 Car. 2. cap. 16. CAP. XXXI The Inconvenience by Melting the Silver Coyn of this Realm prevented 9 E. 3. cap. 3. WHereas by an Act made in the Ninth year of King Edward the Third it is Enacted That no sterling Half-peny or Farthing shall be moulten to make Vessel or any other thing by Goldsmiths or any other upon pain of forfeiture of the moneys so moulten 17 R. 2. cap. 1. Whereas by one other Statute made in the Seventéenth year of King Richard the Second
Vnderwoods Poles or young Trées or Bark or Bast of any Trées or any Gates Stiles Posts Pales Rails or Hedge-wood Broom or Furze and wheresoever they find any such to apprehend and cause to be apprehended all and every person and persons suspected for the cutting and taking of the same and them and every of them as well those apprehended carrying or any ways conveying any kind of Wood Vnderwood Poles or young Trées or Bark or Bast of any Trées or any Eates Stiles Posts Pales Rails or Hedge-wood Broom or Furze as also those in whose Houses or other places belonging to them any such Wood Vnder-wood Poles or young Trées or Bark or Bast of any Trées or any Gates Stiles Posts Pales Rails or Hedgwood Broom or Furze shall be found to carry before one Iustice of the Peace of the same County City or Town-Corporate And if the said person and persons so suspected apprehended and carried before the said Iustices do not then and there give a good account how he and they came by such Wood or Vnderwood Poles or young Trées or Bark or Bast of any Trées or Gates Stiles Posts Pales Rails or Hedge-wood Broom or Furze by the consent of the Owner such as shall satisfie the said Iustice or else shall not within some convenient time to be set them by the said Iustice produce the party or parties of whom they bought the same wood Vnder-wood Poles or young Trées or Bark or Bast of Trées Gates Stiles Posts Pales Rails or Hedge-wood Broom or Furze or some other credible witnesse to depose upon Oath such sale of the said Wood Vnder-wood Poles or young Trées or Bark or Bast of Trées Gates Stiles Posts Pales Rails or Hedgwood Broom or Furze which Oath the said Iustice hath hereby power to administer That then the said person or persons so suspected and not giving such good account nor producing any such witnesse upon Oath to testifie the said Sale as aforesaid shall be déemed and adjudged as convicted of the said offence of cutting and spoiling of the same Woods Vnder-woods Poles or young Trées or Bark or Bast of Trées Gates Stiles Posts Pales Rails or Hedge-wood Broom 43 Eliz. cap. 7. or Furze within the meaning of the said Statute of Quéen Elizabeth and shall be liable to the punishment therein contained and to such other procéedings and punishments as by this present Act shall be further constituted and appointed on that behalf And be it therefore Enacted by the Authority aforesaid That all and every person or persons convicted of the said offence in manner and form before in this Act mentioned shall for the first offence give the Owner or Owners such recompence or satisfaction for his or their damages The punishment for the first offence and within such time as the said Iustice shall appoint and over and above pay down presently unto the Overséers for the use of the poor of the Parish where the said offence or offences were committed such sum of money not excéeding Ten shillings as the said Iustices shall think méet and if such offender or offenders do not make recompence or satisfaction to the said Owner or Owners and also pay the said sum to the Poor in manner and form aforesaid then the said Iustice shall commit the said offender or offenders to the House of Correction for such time as the said Iustice shall think fit not excéeding one moneth or to be whipped by the Constable The second offence or other Officer as in his Iudgment shall séem expedient And if such person or persons shall again commit the said offence and be thereof convicted as before that then they and every of them so offending the second time and thereof so convicted shall be sent to the House of Correction for one moneth and be there kept to hard labour And if such person or persons shall again commit the said offence and be thereof convicted as before That then they and every of them so offending the third time and thereof so convicted shall be taken adjudged and déemed as Incorrigible Rogues Buyers of stoln Wood how to be dealt withal Provided always And it is further Enacted by the Authority aforesaid That whosoever shall buy any Burthens of Wood or any Poles or Sticks of Wood or any other the Premisses particularly mentioned in this Bill which may be justly suspected to have béen stoln or unlawfully come by That it shall and may be lawful to and for the said Iustices of the Peace Mayors Bayliffs and Head-Officers or any one of them within their respective Iurisdictions upon complaint to them thereof made to examine the said matter upon Oath which they and every of them respectively are hereby authorized to administer And if they shall find that the same was bought of a person who might iustly be suspected to have stoln or unlawfully come by the same and that the same was stoln or unlawfully come by That in such case the said Iustices of Peace Mayors Bayliffs or other Head-Officers or any one of them respectively shall and may award the party who bought the same to pay treble the value of the same to the party from whom the same was stoln or unlawfully taken And in default of present payment thereof to issue forth their respective Warrants to levy the same by distress and sale of the offenders Goods rendring the overplus to the party And in default of such distress to commit the party to the Gaol at his own charge there to remain one moneth without Bail Provided always Within what time offenders must be questioned within this Act. That no person or persons shall be questioned for any offence upon this Law that hath béen punished for the same offence by any former Law nor shall be punished by this Law unless he be questioned within Six wéeks after the offence committed CAP. III. An Act to explain and supply a former Act for distribution of Threescore thousand pounds amongst the truly Loyal and Indigent Commission-Officers and for Assessing of Offices and distributing the moneys thereby raised for their further supply 14 Car. 2. cap. 8. EXP. CAP. IV. An Additional Act for the better Ordering the Forces in the several Counties of this Kingdom FOr the better Ordering of the Forces in the several Counties and places of England and the Dominion of Wales and Town of Berwick upon Tweed and for the supplying and explaining the late Act Entituled 14 Car. 2. cap. 3. An Act for Ordering the Forces in the several Counties of this Kingdom Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same Power of the Lieutenants and Deputy-Lieutenants to Train and Exercise That the several Lieutenants of the several Counties Cities and places nominated by his Majesty his Heirs and Successors respectively and in their absence out
such election and choice or in any other matter so as such Lessées and their Assignées respectively have and be Lessées or Owners of double the quantity or number of Acres parcel of the said Ten thousand Acres as by vertue of this Act is required to qualifie any person to be elected and chosen into the Office or Place of Governor Bayliff or Conservator respectively and to vote in such elections and choice or in any other matter touching the said Level and so as such Leases or Assignments they claim by be entred with the Register Any thing before in this Act to the contrary notwithstanding Provided always and be it Enacted by the Authority aforesaid That this Act shall not extend to Impeach or make void any Obligation given to David Offley Gentleman conditioned for his quiet enjoyment of a certain parcel of Land purchased by him in the said Level but that the said David Offley may sue and prosecute his several Action or Actions upon the said Obligation as if he had béen evicted or removed from his Estate therein by due course of Law How Breaches shall be made good And be it further Enacted by the Authority aforesaid That if any Breaches happen in any of the Banks Sasses Sluces Tunnels or other Works within the said Great Level or in any the Works made without the said Great Level for carrying the waters of the said Great Level to their Out-fall at Sea by reason of some inevitable accidents the same shall be repaired and made good in convenient time by and at the Charges of the said Corporation and their Successors but no other Charge shall be laid upon the said Corporation or their Successors for or in respect of such Breaches nor for or in respect of any Breaches that have happened heretofore in any of the said Banks Sasses Sluces or other Works nor shall the said Corporation be inforced to give to any other person any recompence for any loss or damage which hath or shall happen by reason of their making necessary and sufficient Banks for the defending of the said Level from being overflown and for the leading of the waters of the said Level in their Channels as now they run unto their Out-fall at Sea Proviso for persons that have exchanged their Lands Provided nevertheless and be it Enacted That where any Participant under Francis Earl of Bedford or the Heirs or Assigns of any such Participant hath exchanged his or their Share or Lot of the said Ninety five thousand Acres or any part thereof for any other Lands parcel of the said Ninety five thousand acres which were claimed and held under such pretended Sales for non-payment of Taxes since One thousand six hundred forty and nine It shall and may be lawful to and for such Participant and Participants and his and their Heirs and Assigns to enter again upon the same Lands so given in exchange and to have and retain the same in his and their possession Any thing in this Act to the contrary notwithstanding Subject nevertheless in all things to such Iudgment and Determination as the Iudicature hereby construed shall make concerning the same Provided always That no ascertatining or dividing of the said Dreyned or new improved Lands by the said Commissioners as aforesaid shall conclude the Kings Majesty his Heirs Successors or Assigns or any other person or persons as to the bounds of Parishes to any other intent or purpose then subjecting the same to Taxes and Contributions and Episcopal Iurisdictions and not as to the Right of Tythes or any other purpose whatsoever nor shall be or be used in evidence concerning the same Commons and Wasts in Bedford Level inclosed Provided also and be it further Enacted by the Authority aforesaid That if any person or persons having right of Common in any of the Mannors Wastes Commons or Lands within the said Great Level of the Fenns called Bedford Level or any other person or persons whatsoever at any time after such Division or Inclosure made or set out as aforesaid shall break throw down disturb obstruct or by any means hinder or lay open the said Improvements and Inclosures at in or after the making thereof or the Hedges Ditches or Fences of the same or any part thereof shall destroy and shall be thereof convicted by two credible Witnesses upon Oath before two Iustices of the Peace of the County where such Disturbance or Destruction shall be made Every such person or persons so convicted as aforesaid shall forfeit for every such offence the sum of twenty pounds to be levied by Distress vpon the Goods and Chattels of every such offender or offenders by Warrant under the hands and seals of the said Iustices of the Peace before whom such conviction shall be made the one moyety to the Informer and the other moyety to such person or persons against whom the said Offence is or shall be committed or for want of such sufficient distress the Offender shall be committed to the House of Correction or Common Goal for thrée Moneths without Bail or Mainprise at the said Iustices Discretion Provided always and it is hereby Enacted and Declared by the Authority aforesaid That from and after the first day of August which shall be in the year of our Lord One thousand six hundred sixty and eight no Tax or Taxes excéeding Two shillings the Acre in any one year shall be assessed After the year 1668. Taxes shall not exceed 2 s. in the pound laid or levied upon the said Ten thousand Acres by this Act vested in the Kings Majesty his Heirs Successors and Assigns or upon any part thereof or upon the Two thousand Acres hereby vested in the Assigns of the said Earl of Portland but in case the Taxes to be assessed upon the said Eighty thrée thousand Acres hereby vested in the said Corporation shall not amount unto so much in proportion as Two shillings an Acre according to the proportion for each acre Then a proportionable abatement shall be made out of the said Two shillings per Acre which shall be charged yearly by an equal Rate upon every acre of the said Ten thousand acres and the said Two thousand acres according to the Rate imposed upon every acre of the said Eighty thrée thousand acres whether the same shall be assessed by an Acre-Tax or a Pound-Rate or by any other way Any thing herein contained to the contrary notwithstanding And it is further Declared That the Assessing Laying and Levying of Taxes upon the said Ten thousand acres or upon the said Two thousand acres or any part thereof after the said First day of August which shall be in the said year of our Lord One thousand six hundred sixty and eight by the way of an Acre-taxe shall not extend nor be interpreted or construed to extend to compel or conclude the said Corporation to Assess Lay or Levy any Tax or Taxes upon the said Eighty thrée thousand acres hereby vested in the said