Heirs and all claiming under them all right to the said Rectories and Premisses as hath accrued unto them before the Ninetéenth day of May One thousand six hundred sixty and two And be it further Enacted by the Authority aforesaid That all Tenants Lessées How Tenants and Lessees under such Estates shall pay their Rents and Occupiers of all such Advowsons Rectories Impropriate gléeb-Gléeb-Lands Tithes and premisses so granted or setled to or upon such Trustées as aforesaid for the uses or purposes aforesaid shall pay all such Rents as shall hereafter grow due and payable to such persons onely unto whom the right and interest of and in the same Advowsons Rectories gléeb-Gléeb-Lands Tithes and premisses before the said Conveyances or Assurances intended to be annulled and made void by this present Act did or should of right belong or appertain And whereas the said Conveyances and Assurances in and by this Act intended to be made void were some of them of Estates in Fée-simple and some of them long Terms for years made to Trustées Rents and sums appointed for augmentation of certain Vicarages who redemiled the same at and under such yearly Rents and Sums of Money as were then appointed to be the Augmentation of certain Vicarages or maintenance for preaching Ministers since which time many of the Rectories and Lands so Conveyed and Leased have béen absolutely sold and the Redemises thereof granted and assigned by the Owners thereof for the benefit of such purchasers Be it further Enacted and Ordained by this present Parliament and by the Authority of the same That the said Purchasers their Heirs and Assigns shall pay and the said former Owners of the said Lands and Rectories their Executors Administrators and Assigns shall have hold and enjoy the said Rents and sums of Money so reserved for the Augmentation of the said Vicarages and maintenance for Preaching Ministers upon the said several Redemises and shall have the same and the like remedies by Distress or by Action of Debt for the recovery thereof as the said Trustées who Redemised the same should or might have had if this Act had not béen made CAP. XXVI Abuses committed in the Weight and false Packing of Butter Reformed FOrasmuch as Butter is one of the principal Commodities of the product of this Kingdom and is not only of an universal use Expence at home The Contents of a Kilderkin of Butter but very great quantities thereof are Transported beyond the Seas And whereas by Custom time out of mind used every Kilderkin of Butter ought to weigh One hundred thirty and two pounds gross at the least that is to say One hundred and twelve pounds of Neat Butter and the Cask Twenty pounds The Firkin The Firkin of Butter ought to weigh Sixty and four pounds viz. Fifty and Six pounds of good Merchantable Butter Neat and the Cask Eight pounds And the Pot of Butter ought to weigh Twenty pounds The Pot. viz. Fourtéen pounds of good and Merchantable Butter Neat and the Pot Six pounds And whereas great Complaint hath béen made by the Traders in Butter and Chéese That by the Fraudulent dealing and practice of several Farmers Owners and Packers of Butter and by their irregular manner of weighing with Stones Iron Wedges Bricks and other unwarrantable Weights the same quantities of Butter are not put up into the respective Cask and Pots aforesaid and the Kilderkin is Commonly made to weigh Six and twenty pounds and sometimes Eight and twenty pounds and the Firkin to weigh Ten pounds or Twelve pounds and sometimes Thirtéen or fourtéen pounds weight and the Pots are made generally to weigh Seven pounds and some of them Eight pounds or Nine pounds weight and much bad and decayed Butter is mixed and Packed up into Kilderkins Firkins and other Cask and Pots with sound and Good Butter and immoderate quantities of Salt intermixed to the spoil of the same and to the great wrong and abuse of his Majesty in the Victualling of His Navy of Merchants in the Victualling of their Ships and of all Traders in the said Commodity and of all Housholders who buy the same for their expence and to the great dishonour of the English Nation in the parts beyond the Seas and to the bringing of the said Commodity into great disrepute abroad whereby it yields not that price nor is vented there in such quantities as otherwise it would For remedy whereof Be it Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal A Kilderkin of Butter shall contain 112 l. besides the Cask and Commons in this present Parliament Assembled That from and after the First day of June which shall be in the year of our Lord One thousand six hundred sixty and two every Kilderkin of Butter do and shall contain One hundred and twelve pounds Neat or above every pound containing sixtéen Ounces besides the Taxe of the Cask The Firkin 56. l. and not less of good and Merchantable Butter Every Firkin and Butter do and shall contain Fifty six pounds Neat or above besides the weight of the Cask of good and Merchantable Butter and every Pot of Butter do and shall contain fourtéen pounds Neat or above besides the weight of the Pot The Pot 14. l. of good and Merchantable Butter And that no Butter which is Old or Corrupt shall be mixed or packed up into any Kilderkin Firkin or other Cask Vessel or Pot whatsoever with any Butter which is New and Sound No old Butter shall be mixed with new nor any Whay-Butter shall be packed or mixed with any Butter that is made of Cream but that the said respective sorts of Butter shall be packed up severally and apart by themselves and shall not be mixed one with another and that every Cask or Pot of Butter shall be of one sort and goodness throughout such Cask and Pot Nor Whay-butter and that no Butter shall be salted with any great Salt but that all Butter shall be salted and saved with small Salt nor more Salt shall be intermixed with it then shall be néedful for its preservation The penalty upon pain and penalty that every Owner Farmer or Packer of Butter not putting up in each Kilderkin Firkin and Pot of Butter to be sold or to be exposed to sale respectively such quantities as aforesaid or offending in false packing as aforesaid for every such offence shall forfeit the value of all the Butter so false packed and for every offence where any Kilderkin Firkin or Pot shall be found to contain a lesser quantity of Butter then by this Act is appointed six times the value of every pound of Butter that shall be wanting in any such Cask or Pot. And to the intent that the benefit intended by this Act may be extended with full effect to all persons who do either cut out Butter by Retail or expend it Be it further Enacted
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
hath any Part Share or Interest in Possession or Reversion of or in any Mannors or Lands within the said Level shall be a Commissioner And in case of Descent Gift Devise or Purchase of any such Part Share or Interest to or by any of the said Commissioners It is hereby Declared and Enacted That immediately after such Descent Gift Devise or Purchase to or by any such Commissioner The said Descent Gift Devise or Purchase shall be an avoidance of his being a Commissioner and shall make him be incapable of being again nominated or appointed a Commissioner whilst his Interest doth remain Provided also and the said Commissioners for the time being or any seven or more of them shall from time to time and at all times have power and authority to give and make satisfaction out of the Ninety five thousand Acres to such person or persons whose Lands or Interest therein by any New Works hereafter to be made by the said Corporation without the said Level for conveying of the Waters of the said Level by convenient Outfals to the Sea shall be made worse in quality condition or value then they were before the said Vndertaking in the said Sixth year of the said late King Charles proportionable to the loss and damage the Parties shall receive thereby Owners of Wastes and Commons may improve And to the end that the Owners of the Commons and Wastes in the said Level and other Towns Parishes and places unto which the Works aforesaid or any of them do extend may improve the same by making Divisions and Inclosures Be it Provided and Enacted by the Authority aforesaid That it shall and may be lawful for any person or persons Body Politique or Corporate whatsoever their Heirs and Successors that are or shall be Lords of Mannors or have or shall have right of Common in the said Wastes to Improve Set out Inclose Divide and Sever such Proportion or Proportions as to them shall or may severally or respectively belong or appertain or be adjudged and allotted out of the said Commons and Wastes within the said Level or within any Town Parish or place into which the Works aforesaid or any of them do extend And to hold such proportion in severalty at all times of the year and all Differences that shall arise concerning the Boundaries of the Wastes Rights of Common Approvements Allotments Divisions and Inclosures shall from time to time and at all times be Determined Adjudged and finally ended by the said Commissioners for the time being or any seven or more of them upon their View or Examination of Witnesses upon Oath which they are hereby Authorized to Administer or upon both and hearing of the Parties concerned by their Adjudication under their Hands and Seals in Writing which Determination and Iudgment being Certified into the Petty-bag there to be Filed and kept on Record shall be final and conclusive unto all parties And the Allotments Divisions and Proportions so Adjudged or Decréed to be held by the said respective persons to whom they are so Set out shall be held by him or them and his and their Heirs Executors and Assigns respectively according to his or their Tenure or Tenures Estate Title or Interest they had in the Mannors Tenements and Lands for which they Claimed the said Proportions of Common as abovesaid paying such Fines and Rents and doing such Services in proportion for the same as by Custom or otherways they are to pay or do and do for the Mannors Tenements and Lands for which they Claim the same proportion having such respect to the yearly values of the one and the other as shall if néed so require be limited by seven or more of the Commissioners Provided also and be it Enacted That it shall and may be lawful to and for such person and persons as were heretofore Owners of the One hundred seventy five Acres in Sutton North and South Meadland in the said Isle of Ely Sutton Meadland set out by the said Law of St. Ives as a Recompence for Dreining the whole North and South Meadlands containing about One thousand Acres their Heirs or Assigns to sue and implead before the said Commissioners or any seven or more of them the Owners and Occupiers of the said North and South Meadlands or elsewhere within the said Great Level to draw them into Contribution for their several and respective Proportions of the said North and South Meadlands towards the said One hundred seventy five Acres And the said Commissioners or any seven or more of them shall thereupon Adjudge and Decrée unto the said Owners of the said One hundred seventy five Acres or such of them as they shall think fit and to their Heirs and Assigns such recompence and satisfaction either in ready Money yearly Rent or Land out of the residue of the said North and South Meadlands as to the said Commissioners or any seven or more of them shall séem méet to be held and enjoyed by the said Owners of the said One hundred seventy five Acres their Heirs and Assigns Provided always and be it Enacted That it shall and may be lawful to and for Sir John Watts Knight and others who derive any interest under the Dreyners of that Fenn called Londoners Fenn his and their Heirs and Assigns to sue and implead all and every person and persons their Executors and Administrators that have taken and received the rents and profits of his or their share and proportion of Londoners Fenn Londoners Fenn remaining from the share and proportion allotted and set out by the said Law of St. Ives since the said Level was adjudged Dreined and to sue for and recover the same in any of his Majesties Courts at Westminster and also that it shall and may be lawful to and for the said Sir John Watts and the Participants aforesaid his and their Heirs and Assigns heretofore Owners of the several proportions in Londoners Fenn set out by St. Ives Law for the Adventurers recompence for Dreyning the low Grounds in Upwell Upwell Outwell Welney Outwell and Welney to pursue and prosecute before the said Commissioners or any seven or more of them their claim and sue for relief against the owners or occupiers of the Fenny and low surrounded Grounds lying in Upwell Outwell and Welney aforesaid whose Grounds did not all contribute or not in equal proportion to the said Ninety five thousand Acres to draw them into Contribution in ease of the said Sir John Watts and the Participants aforesaid and thereupon the said Commissioners or any seven or more of them are hereby impowred to adjudge and decrée unto the said Sir John Watts and the Participants aforesaid his and their Heirs and Assigns such proportion out of the said Grounds which have not equally contributed as aforesaid as to the said Commissioners or any seven or more of them shall séem méet Provided always and be it Enacted that it shall and may be lawful for the Kings
Majesty and the Quéen◠Majesty their Heirs Successors and Assigns to continue in the possession usage disposal of the Bank called Dousedale Bank being on the south side of His Majesties Demean Lands Dousedale Bank called Port sand belonging to their Mannor of Crowland being part therof and to have such ancient Passages and Currents as of right have béen used and accustomed for the avoidance of water through the same into the River South Eae as if this Act had never béen made Provided always and be it Enacted by the authority aforesaid How and for what time Archbishops Bishops c. may make leases That it shall and may be lawful to and for every Archbishop Bishop Dean and Chapter and all Colledges and Halls in either Vniversity and all Bodies Politique and Corporate who are or shall be Lords of Mannors or have or shall have right of Soil or Common in the Wastes within this said Level or within such other Towns Parishes and Places into which the Works of the Dreyning aforesaid do or shall extend and who are by this Act impowred to improve set out inclose divide and sever such proportion or proportions as to them shall or may respectively belong or appertain out of the said Commons and Wastes within the said Level to demise by Indenture all and every the said such proportion or proportions as to them shall or may respectively belong or appertain out of the said Commons or Wastes within the said Level which have not by express Words and under any particular Rent béen at any time formerly demised for any Term or Number of Years not excéeding One and twenty Years so as upon every such Demise or Lease be reserved the fourth part of the true Yearly value to be ascertained by the Commissioners aforesaid or any seven of them due and payable Yearly during the said Term to him or them and his and their Successors Provided always and be it Declared by and with the consent of all Parties concerned That neither this Act nor any thing therein contained shall extend or be construed to extend to alter the possession of Thomas Chicheley Esquire of or from Six hundred seventy one acres parcel of the Lot now claimed to belong to the said Trustées of Henry late Earl of Arundel and Surrey and Two hundred thirty one acres Parcel of the Lot now cliamed to belong to the said Sir William Terringham or from any part thereof by him the said Thomas Chicheley now enjoyed under Purchasers by Sales for non-payment of Taxes upon the dispute betwéen the old and new Adventurers But that the said Corporation shall execute Conveyances of the said respective proportion unto the said Thomas Chicheley his Heirs and Assigns Any thing herein contained to the contrary thereof in any wise notwithstanding Provided always and be it Enacted That all such Right or Rights as any Lord or Lords of any Mannor or Mannors Liberties Hundred or half hundred have heretofore had within their respective Mannor or Mannors Liberties Hundred or half hundred within or without the said Level to Waifes Strayes Felons Goods Priviledges of Arrests Escheats and all other Royalties not prejudicial to the Dreining be hereby saved to them their Heirs Successors and Assigns severally and respectively Any thing in this Act to the contrary thereof notwithstanding Provided always That this Act or any thing therein contained shall not be interpreted to infringe or any way to weaken an Act made the Fourth year of the Reign of King James 4 Jac. cap. 13. Entituled An Act for the Dreining of certain Fenns and Low Grounds within the Isle of Ely subject to hurt by Surrounding containing about Six thousand acres compassed about with certain Banks commonly called and named The Ring of Waltersea and Coldham but the said Act shall stand in full force and vertue Any thing in this present Act to the contrary notwithstanding Provided also That whereas divers Lands in and near adjoyning unto the said Great Level have béen cut through for the better conveying of the Waters from the same and for upholding or repairing the Banks and Workes there without making satisfaction to the respective Owners of the said Lands for the damage they have sustained by such cutting Be it further Enacted That the said Commissioners for the time being or any seven or more of them upon complaint to them made of such damage sustained as aforesaid without recompence for the same shall be and are hereby impowered to award and Decrée such recompence and satisfaction to the party and parties grieved according to their respective damages sustained by such cutting as to the said Commissioners for the time being or any seven or more of them shall be adjudged reasonable the said recompence and satisfaction to be made and given by the said Corporation within six moneths next after such Award or Decrée made and in default thereof the said Commissioners or any seven or more of them shall and may and are hereby impowered to Rate and Tax the said 95. thousand Acres and to Distrain thereupon for the payment of such Rate or Tax and the Distress taken thereupon to sell or dispose as they shall think fit rendring the overplus if any be to the Owners for the payment and satisfaction of such moneys and damages as shall be so Awarded Any thing in this Act to the contrary thereof notwithstanding Provided nevertheless That in case the Iudicature hereby established The Barons of the Exchequer impowred to hear and determine differences between parties shall not within Twelve moneths from the First day of August next hear and determine all the matters by this Act to them referred concerning the said 95000. acres all and every such person and persons whose Complaints shall be then undetermined may make their applications to the Barons of His Majesties Court of Exchequer who are hereby established a Court of Iudicature and sufficiently authorized to hear and determine all such controversies and differences betwéen the said parties in as large and ample manner to all intents and purposes as the Iudicature hereby established might have done and such Iudgment Order or Decrée of the said Court of Exchequer shall be in all things observed and be effectual as if the said Barons had béen made the only Iudicature by this Act. Lessees of the King Provided always and be it Enacted by the Authority aforesaid That the Lessées of the Kings Majesty his Heirs and Successors of the said Ten thousand Acres or of any part thereof and the Assigns of such Lessées and every or any of them shall be capable to be elected and chosen into the Office or Place Offices or Places of Governor Bayliffs and Conservators aforesaid and to vote in such elections and choice and in all other matters as fully to all intents and purposes as any other Members of the Corporation Owners of any part of the said Ninety five thousand acres may be elected and chosen vote in
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
Merchant and of the Staple VVHereas the Security by Statute-Merchant and of the Staple is now become of little use and benefit by the fraud of the Conusors thereof in sundry Cases who to prevent the payment of their Debts secretly assign small parts of their Lands to several and unknown persons And it having been used that if the Creditor take Execution on such Statute yet if the Lands of any one or more person or persons to whom such alienation was made and liable to such Execution be omitted out of such extent The same execution hath been avoided by Audita Quaerela Executions avoided by Audita Quaerela and the party extending lost his Costs and was delayed of his iust Debt and so again upon any new extent toties quoties And if any one Acre or Parcel of Land happened to descend to an Infant the whole execution was deferred till full age of such Infant And if afterwards other part of the Lands or Tenements liable to such Debt descended to another Infant then also a farther delay happened during that Infancy also 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 For what causes extents upon Iudgments or Statutes shall not be avoided or delayd and by the Authority of the same That when any Iudgment Statute or Recognizance shall be extended the same shall not be avoided or delayed by occasion that any part of the Lands or Tenements extendible are or shall be omitted out of such extent saving alwayes to the Party and Parties whose Lands shall be extended his and their Heirs Executors and Assigns his and their remedy for contribution against such person and persons whose Lands are or shall be omitted out of such extent from time to time Proviso for Heirs within age Provided always that this Act or any thing therein contained shall not be construed to give any Extent or Contribution against any Heir within the age of one and twenty years during such Minority of such Heir for or in respect of any Lands to such Heir descended farther or otherwise then might have béen before the making of this Act. To what statutes and extents only this Act shall extend The continuance of this Act. Provided that this Act extend only to such Statutes as are or shall be for payment of Moneys And to such extent as shall be within twenty years after the Statute Recognizance or Iudgment had and obtained Provided that this Act shall continue for the space of thrée years and from thence to the end of the next Session of Parliament and no longer CAP. VI. Part of an Act of Parliament Entituled An Act directing the prosecution of such as are accomptable for Prize-goods repealed 14 Car. 2. cap. 14. Directions for recovery of Prize-goods not accompted â—or WHereas by an Act made in this present Parliament entituled An Act directing the prosecution of such as are accomptable for Prize-goods It is amongst other things Enacted That all and every Admirals Vice-Admirals Captains of Ships Officers and Mariners that did surprise or receive to or for the publique use or by pretence thereof any Ships Plate Iewels Bullion Money Silver Gold Arms Ammunition Waxes Merchandizes or any manner of Goods whatsoever seized or taken for Prize betwixt the thirtieth of January One thousand six hundred fourty two and the nine and twentieth day of May One thousand six hundred sixty And that had not at the making of the said Act truly Accompted for and paid in the same or the just Provenues thereof should be chargeable to His Majesty for the said premisses and convened and sued for in His Majesties Court of Admiralty and called to accompt or otherwise by such Suit and in such manner as should be most available to His Majesty And in case of defect of Iurisdiction in the said Court of Admiralty then upon Certificate thereof from the said Court of Admiralty made into His Majesties Court of Exchequer spéedy procéedings were to be had in the said Court of Exchequer for the recovering and levying of the Prizes Goods matters and things as by the said Act relation being thereunto had more plainly fully and at large appears Whereupon divers Captains and Officers of His Majesties Fleets and several others the Commanders Officers and Mariners imployed in the Sea-service have been sued or may possibly be sued concerning the several Prizes and Prize-goods by them heretofore seized and taken at Sea or in Ports since the Moneth of January One thousand six hundred forty two and before the twenty ninth of May One thousand six hundred sixty contrary to the grace and favour extended towards them not onely in and by His Majesties most gracious Act of Frée and general Pardon Indempnity and Oblivion but also by a Proclamation since made by His Majesty bearing Date the Fourteenth day of July One thousand six hundred sixty two in the Fourteenth year of His Majesties Reign Declaring His Majesties grace and favour towards all Commanders and Seamen in relation to Prizes and Prize-goods seised and taken since the moneth of January One thousand six hundred forty two untill the nine and twentieth of May One thousand six hundred sixty His Majesty thereupon willing that His Grace and Favour towards all Admirals Vice-Admirals Commanders Sea-men and Mariners should take its full effect And being fully satisfied of their dutiful affections unto His Majesties Royal Person and Government and for their future incouragement to persevere loyally in His Majesties Service is most graciously pleased that it may be Enacted And be it Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled 14 Car. 2. cap. 4. Repealed as to all Admirals Officers Mariners and Souldiers at Sea and by the Authority of the same That the said Act entituled An Act for directing the prosecution of such as are accomptable for Prize-Goods and all and every Branches Clauses Powers and Articles and every matter and thing therein contained for so much onely and as for and concerning all and every Admirals Vice-Admirals Captains of Ships Officers of Ships or Vessels Seamen and Mariners and every of them shall be and is hereby from henceforth repealed annulled and made void and of no effect to all intents and purposes whatsoever And that all and singular Process and proceedings whatsoever which before this time have been now are or may be at any time hereafter had sued forth and prosecuted in any of His Majesties Courts at Westminster or in the High Court of Admiralty of England or elsewhere within any His Majesties Dominions against any Admirals Vice-Admirals Captains of Ships Officers of Ships or Vessels Seamen and Mariners or any of them by force and vertue of the said Act or any Article or Clause therein contained be forthwith
immediately to stop the same Pinchbeck Spalding Blewgate sluce And it is further Enacted by the Authority aforesaid That the Inhabitants of Pinchbeck and Spalding shall for ever hereafter have the use of a certain Gote or Sluce called Blewgate and the Dreyn leading thereto so as the said Trustees their heirs or assigns shall not be put to any charge for the repairing or maintaining of the same The dreyn from Boston-bank to Winsoever And be it further Enacted by the Authority aforesaid That the Loads or Dreyn under the Dozens from Baston-bank to Winsoever be Ditched two hundred foot more inward into the said Fens then now it is and the earth laid on that side the bank next the Town of Pinchbeck And be it further Enacted by the Authority aforesaid That for and in consideration of all the moneys already expended in and about the Dreyning of the said Fens and in consideration of the doing and performing of the Works aforesaid hereafter to be done and of all and every of them about the Recovering The proportion estates upon the trustees â—ndertakers Inning and Dreyning of the said Fens and every of them that they the said Trustées their heirs and assigns or the survivor of them shall from henceforth have hold peaceably occupy and enjoy to them their heirs and assigns in Fee-simple for ever the said third part of the said Fens and Marshes formerly assigned to the said Thomas Lovel his heirs and assigns as also three thousand five hundred Acres added and allotted by a Decrée of Sewers made at Spalding in the said Fens and one thousand Acres out of that part of the said Fens formerly taken in for the Quéens improvement and five hundred Acres more to be taken proportionably out of the residue of the said Fens in Kestiven and Holland next adjoyning to the said three thousand five hundred Acres which three thousand five hundred Acres and one thousand Acres and five thousand Acres last mentioned are to be demeasured by Statute-measure by two Artists and set out by them at the charge of the said Trustees their heirs or assigns or the survivor of them one to be chosen by the Commissioners of Sewers of Kestiven and Holland and one other by the said Vndertakers but upon the Trusts hereafter mentioned That is to say as touching and concerning eight thousand thirty six Acres thereof mentioned in a Schedule annexed to an Indenture of Fifteen parts dated the second of August 1650. made betwéen Elizabeth Countess Dowager of Exeter and others therein named and two thousand Acres more to be indifferently set out within six moneths after the passing of this Act amounting in the whole to ten thousand thirty six Acres in Trust That the said Trustées their heirs and assigns or the survivor of them shall grant and convey the same to such person or persons or for such Estates in Fee-simple or otherwise in such manner as the said Thomas Earl of Berks the said Lord Andover Lord Bruce and John Lord Berkley of Stratton shall appoint And as for touching and concerning the residue of the said Fens by this Act allotted for recompence for the said Dreyning moreover and above the said eight thousand thirty six Acres and two thousand Acres in Trust for the said Earl of Berkshire and the Lady Elizabeth his Wife the said Lord Andover the said Earl of Elgin Countess of Stamford and Lord Grey and such other person and persons to whom the Remainder upon their Estates are limited according to their several and respective Interests and Estates as aforesaid made or derived from by or under the said William late Earl of Exeter and Elizabeth late Countess of Exeter or either of them their or either of their heirs or assigns And in case the said Commissioners shall not nominate a Surveyor within thrée moneths after nomination by the said Trustées their heirs or assigns or the survivor of them and both to be sworn by the said Commissioners and notice thereof to be given to the said Commissioners That then the said Trustées their heirs or assigns or the survivor of them shall procéed as aforesaid by their own Artist The trustees shall fence and inclose the third part c. Provided also And be it Enacted by the Authority aforesaid That the said Trustées their heirs and assigns and the survivor of them shall at all times hereafter sufficiently fence and inclose the said third part and all other the Lands by this Act to them granted on all parts against the Lords and Commoners of and in the residue of the said Fens And if any of their Cattel shall enter or break into the said third part and other Lands so granted or any part thereof in default of the Inclosure thereof It shall not be lawful for the said Trustées their heirs or assigns or the survivor of them to Distrain or Impound the same or to maintain any Action for any such Entry Depasturing or other Trespass happening in such default And if any such Action be brought it shall be lawful for the Defendant or Defendants therein to plead the General Issue and to give this Act in Evidence And that the two Drove-ways in the said Fens called the North-drove and South-drove leading from the parts of Kestiven into the parts of Holland be continued open and common through the said third part and Lands to them granted for the use and benefit of the Lords and Commoners for a Drift-way for them and the said Vndertakers And also that the Banks or Dreyns by vertue of this Act to be continued or made shall not stop or hinder the Land-waters falling from the parts of Kestiven into the said Fen but shall and may receive and carry the same away Provided always That this Act or any Clause Article Sentence or Penalty therein contained mentioned or expressed shall not extend to charge the persons of the said Trustées their heirs or assigns or the survivor of them or any the Estate or Estates real or personal of them the said Trustées their heirs or assigns or the survivor of them other then their Estate and Estates of and in the said Fens Provided also and upon condition That if the said Trustées their heirs or assigns or the survivor of them shall neglect the Inning and Dreyning of the said Fens and every or any of them The penalty upon neglect to dreyn the said fens within seven years and so after to keep maintain them and shall not fully and perfectly finish the Dreyning of the same before the end and expiration of the said seven years as aforesaid according to the intent and purport of this Act or shall not after the Inning or Dreyning thereof kéep and maintain the said Fens and every of them after the end and term of the said seven years dry firm and depasturable ground for Cattel at all times in the year except such Lakes Dreyns Sewers Portions and Quantities of the said Fens as are before
adjudg necessary for the carrying on and effecting the said work and to limit and appoint such certain dayes and places for the respective payments thereof to their Treasurer or Treasurers for the time being as they the said Vndertakers their heirs executors administrators or assigns or any three or more of them under their hands and seals shall appoint so as every of the said Vndertakers who shall at any time or times hereafter assess rate tax and charge the said sums of money be really then owner of two hundred and fifty Acres of Land or more within the said Fen. How the â—â—me may be levied And be it further Enacted upon default made by any person or persons so assessed rated taxed and charged as aforesaid in his or their respective payments to be limited and appointed as aforesaid by the space of three moneths after the time limited for payment thereof That it shall and may be lawful to and for any three or more of the said Adventurers their heirs executors administrators or assigns to bargain sell convey and assure all or so much of the said Defaulter or Defaulters Lands respectively within the said Fen for raising the sum or sums of money so assessed rated or charged as aforesaid to any other person or persons their heirs and assigns for such estate or estates as the said defaulter or defaulters had in him or them respectively at the time of the said default or defaults made as aforesaid as to them or any three or more of them the said Adventurers their heirs executors administrators or assigns shall seem meet subject nevertheless to the conditions and forfeitures in this Act contained and exprest And all and every Conveyance thereof is and shall be adjudged good and available in Law and equity against all and every such Defaulter and Defaulters respectively and against his or their respective heirs executors administrators and assigns so as the same be inrolled in the High Court of Chancery within six moneths after the making thereof How owners and commoners may improve and inclose their shares And be it further Enacted by the Authority aforesaid That it shall and may be lawful for any person or persons Bodies Politick or Corporate their heirs and successors Owner or Owners of the Soil of the said Fens or Wastes or who may or ought to have Common in any of the same to improve set out inclose divide and sever such quantity or quantities of the said Fens or Wastes other then such of the same as by the tenure of this Act are appointed or allotted to the said Vndertakers as aforesaid as shall be proportionable to his or their respective Interest or to his or their Lands and Tenements whereunto or in respect whereof the said Common or Waste may or ought to be had or enjoyed and such quantity or quantities to have and to hold in severalty by and according to such Tenures Estate Right Title and Interest as such person or persons have or shall have in such Manors Lands and Tenements subject nevertheless to all the Powers and Liberties given by this Act to the said Trustees their heirs and assigns and the survivor of them for Dreyning the said Fens as if the said Lands had remained common and uninclosed leaving and allowing convenient passages and ways in and to the said Vndertakers ground in the said Fen. Who may determine of boundaries improvements and inclosures And it is further Enacted That the Boundaries of the said Wastes so to be inclosed Approvements and Inclosures shall from time to time and at all times upon request of any person or persons concerned be determined and adjudged and finally ended by the persons hereafter named that is to say Thomas Lord Beaumont of Cole-Orton Sir George Villiers of Bruxby Baronet Sir VVilliam Hartopp of Rotherby Knight VVilliam Hartopp of Little-Dalby Esquire Sir Henry Hudson of Melton-Mowbray Baronet Sir Edward Smith of Edmundthorpe Knight Richard Lister of Thorpe Esquire John Hacket of Ketleby Esquire William Gilbert of Melton-Mowbray Esquire all of the County of Leicester Baptist Lord Viscount Campden Sir Edward Heath of Cottesmore Knight of the Bath William Palmes of Ashwel Esquire Abel Barker of Hambleton Esquire Samuel Browne of Stockins Esquire Robert Mackeworth of Empingham Esquire Philip Sherard Esquire Alexander Noel of Whitwel Esquire Christopher Browne of Towlthorpe Esquire Edward Falkener of Uppingham Esquire Sir Thomas Mackeworth of Normanton Baronet Henry Noel Esquire of Exton Andrew Noel Esquire of Whitwel Charles Halford Esquire of Weston Thomas Pilkington Esquire of Belton Beaumont Bodenham Esquire of Ryhall and Henry Mackeworth Esq of Normanton all of the County of Rutland Mildmay Earl of Westmerland Obrian Lord Cockaine William Stafford Esquire of Blatherwicke Lewis Palmer Esq of Corlton Edward Palmer Esq of Stoake Walter Kirkham of Finshead Esq Christ Thursby Esq Humphrey Orme Esq Sir Henry Yelverton Baronet Tho. Dove of Upton Esq VVilliam Mountague Esq Francis Quarles Esquire George Quarles junior of Ufford Esq Francis Kirkham Esq of Finshead John Lynn Esq of Southwick all of the County of Northampton Robert Lord Willoughby of Erisby eldest Son to Mountague Earl of Lindsey Lord Great Chamberlain of England Sir Thomas Meres Knight Sir John Newton Baronet Sir Anthony Irby Knight Peregrine Bartue Esq Anthony Thorold of Marston Esq William Blythe of Straston Esq Philip Dallow of Bitchfield Esq Thomas Harrington of Boothby Esq Charles Bawdes of Somerby Esq Sir Edward Barkham Baronet all of the County of Lincolne or by any seven or more of them Which said persons or any seven or more of them are hereby constituted and appointed Commissioners for that purpose upon their view or examination of witnesses upon Oath which Oath they are hereby authorised to administer or both or other good and sufficient proof by matter of Record Writings or Evidences and hearing the parties concerned if they be present and desire it which determination and Iudgment being certified in writing under the hands and seals of the said Iudicature or any seven or more of them into the Petty-bag there to be filed and kept on Record shall be final and conclusive unto all parties Provided always That in case any person or persons Bodies Politick or Corporate Appeals in cases of adjudication shall find him or themselves agrieved with such Iudgment and determination of the said Iudicature and shall thereof within six Moneths next after the same appeal to any thirtéen or more other persons of the said Iudicature Then such determination as the said thirtéen more shall make being certified by writing under the hands and seals of the said thirtéen or more into the Petty-bag aforesaid there to be filed and kept on Record as aforesaid shall be final and conclusive to all parties the said former Iudgment or Determination notwithstanding And the Inclosures and Proportions so adjudged or decréed as aforesaid to such person or persons Bodies Politick and Corporate shall be held by him or them and his
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
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
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
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
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
Rivers Streams Channels and Sands some places then appointed are become unfit and useless others much more convenient and commodious as well for Traffique and Commerce as for Landing and Discharging Lading and Shipping of Goods Wares and Merchandize It is Enacted and Ordained and be it Enacted and Ordained by the Authority aforesaid That the Kings Majesty may from time to time by his Highness Commission or Commissions out of his Court of Exchequer assign and appoint all such further Places Ports Members and Créeks except the Town of Hull as shall be lawful for the landing and discharging lading or shipping of any Goods Wares or Merchandize within the Kingdom of England Dominion of Wales or Port or Town of Berwick upon Tweed and to what ancient and head-Ports respectively such Places Members or Creeks shall belong and appertain And where any such Member Créek or Place shall be so as aforesaid appointed by vertue of the said Commission or Commissions the Customer Collector Comptroller and Searcher of the head-Port shall by themselves or their sufficient Deputy or Deputies servant or servants reside and inhabit for the entring clearing and passing shipping and discharging of Ships Goods and Merchandize And by vertue of the aforesaid Commission or Commissions may likewise set down and appoint the extents bounds and limits of every Port Haven or Créek within his Majesties Kingdom of England Dominion of Wales and Town and Port of Berwick whereby the extents limits and priviledges of every Port Haven and Créek may be ascertained and known And it shall not be lawful for any Person or Persons whatsoever to lade or put or cause to be laden or put off or from any Key Wharf or other place on the Land into any Ship Vessel Lighter Boat or Bottom any Goods Wares or Merchandize whatsoever Fish taken by his Majesties Subjects Sea-coal Stone and Bestials only excepted to be Transported into any place of the parts beyond the Seas or carried by land into the Realm of Scotland or to take up discharge or lay on land or cause or procure to be taken up discharged and laid on land out of any Boat Lighter Ship Vessel or Bottom being not in Leak or Wreck any Goods Wares or Merchandize whatsoever Fish taken by his Majesties Subjests Bestials and Salt only excepted to be brought from any of the parts beyond the Seas or by land from the Realm of Scotland by way of Merchandize but only upon such open Place Key or Wharf Places Keys or Wharfs as his Majesty shall from time to time assign and appoint by vertue of such Commission and Commissions as aforesaid in his Majesties Port of London and the Members and Liberties thereof in any other Port Place Member or Créek within his Majesties Kingdom of England Dominion of Wales and Town and Port of Berwick without special sufferance and leave first had from the Commissioners and Officers of his Majesties Customs upon the penalty of the forfeiture of all such Goods Wares and Merchandize For avoiding Practises between Owners of goods and Informers to avoid payment of customs None to seize any goods but officers of the customs And forasmuch as it doth appear by daily experience That there are great Practises and Combinations betwéen the Importers and Owners of Goods and Merchandizes and the Seizers and Informers with design and intent to defraud the force of the Law and his Majesty of his Duties and Customs Be it Enacted by the Authority aforesaid That no Ship or Ships Goods Wares or Merchandize shall be seized as forfeited for or by reason of unlawful Importation or Exportation into or out of this Kingdom of England Dominion of Wales or Port and Town of Berwick or any the Ports members or Créeks thereunto belonging or for not payment of any Customs or Subsidies now due or hereafter to be due and payable to his Majesty but by the person or persons who are or shall be appointed by his Majesty to manage his Customs or Officers of his Majesties Customs for the time being or such other person or persons as shall be deputed and authorized thereunto by Warrant from the Lord-Treasurer or Vnder-Treasurer or by special Commission from his Majesty under the Great or Privy-Seal And if any Seizure shall hereafter be made by any other Person or Persons whatsoever for any the Causes aforesaid such seizure shall be void and of none effect any Statute Law Act or Provision to the contrary in any wise notwithstanding In any suit against persons imployed about the customs the Defendant may plead the general issue 12 Car. 2. cap. 18. And be it further Enacted by the Authority aforesaid That in every Action Suit Indictment Information or Prosecution wherein or whereby the person or persons which are or shall be appointed by his Majesty for managing his Customs or the Officers of his Majesties Customs or any Officer or Officers Person or Persons authorized by his Majesty to put in execution the Act of Parliament For encreasing and encouraging of Navigation their Deputies or Servants or any others acting in aid of them have béen are or shall be sued indicted prosecuted or molested it shall be lawful for all and every the said Persons their Heirs Executors and Administrators to plead the general Issue And to give this for other acts relating to customs or Navigation in evidence and to give this or the aforesaid Acts of Parliament relating to the Customs and Navigation in evidence in any of his Majesties Courts of Iustice or other Courts where the said matter shall be depending And the Iudges of the said Courts are hereby strictly enjoyned and required to admit the same and to acquit and indemnifie them and every of them of and from all such Suits Indictments Informations or Prosecutions for or concerning any matter or thing acted or done in the due and necessary performance and execution of their respective Trusts and Imployments therein Be it hereby also Enacted for avoiding of fraudulent Compositions That if any Seizer For avoyding fraudulent compositions by Informers Informer or Officer as aforesaid shall not prosecute to effect for the bringing to Tryal and Condemnation the Ships Goods and Merchandize by them Seized or Informed against That then and in every such case it shall be lawful to or for any of the person or persons which are or shall be appointed by his Majesty for managing his Customs or the Officers of the Customs or other person or persons deputed by them or thereunto Authorized by the Lord-Treasurer or Vnder-Treasurer to make seizure of or inform against such Goods and Merchandize or bring his Action for the same by way of Devenerunt and that they shall be estéemed and adjudged in Law as the true first Informers and Seizers and have the benefit of such Informers or Seizers Any Law Statute Act or Vsage to the contrary in any wise notwithstanding And that no Informer or Officer be suffered to compound under one Third of the
ease of Sheriffs in passing their Accompts Seizures of Lands remaining charged Michaelmas 1660. Be it Enacted and Declared That from henceforth every Seizure for or concerning any Lands Tenements and Hereditaments now remaining charged in the Foreign accompt of any Sheriff or Sheriffs within the Kingdom of England for the year ended at Michaelmas One thousand six hundred and sixty shall be from the said Foreign accompt charged particularly in the great Roll of the Exchequer And that the several Remembrancers of the said Court or their respective Deputies do in their respective Officers forthwith Seizures hereafter taken or returned and so from time to time for the future write and make true and perfect Copies of all and every such other Seizure and Inquisition as already are or hereafter shall be certified into their respective Offices without certifying the Copy of the Writ or Commission at large upon which such Seizure or Inquisition is or shall be so taken or returned mentioning only in brief the Date of the said Writ or Commission and shall deliver the said Copies well and truly examined and attested under his or their Hands to the Engrosser of the said great Roll And that all such of the said Seizures and Inquisitions as now are returned into any of their respective Offices shall be delivered before the first day of February next coming And that all such other seizures as shall hereafter be returned or certified into their respective Offices shall be delivered so examined and attested as aforesaid to the said Engrosser before the first day of the next Term after the said Remembrancers shall have received the same so as the same may be charged in the great Roll To the end that the Processe of the Court may from thence issue for levying the Issues and Profits thereof to the use of the Crown unto which said Remembrancers or their Deputies shall be from time to time paid for every Sheet which they or their respective Clerks shall so write and deliver the sum of eight pence Fees to the Remembrancers the same to be paid unto them by the aforesaid respective Sheriffs who shall be allowed the same by the Barons upon their respective Accompts out of the Issues and Profits arising out of the Premisses so seized and no Sheriff or Sheriffs for this persent year One thousand six hundred sixty and one Sheriffs shall not answer illeviable seizures Farm Rents c. nor any Sheriff or Sheriffs to be hereafter made or appointed within this Kingdom of England shall be charged in accompt to answer any illeviable Seizure Farm Rent or Debt or other Seizure Farm Rent Debt matter or thing whatsoever which was not writ in Processe to him or them to be levied wherein the persons of whom or the Lands or Tenements out of which together with the cause for which the same shall be so levied shall be plainly and particularly expressed but shall be thereof wholly discharged without Petition Plea or other trouble or charge whatsoever And it is hereby further Enacted and Declared Seizures before 1 Jac. and divers others to be left out of the Sheriffs accompt That all Seizures heretofore made before the first Year of the Reign of the late King James of ever blessed memory now remaining in the Accompts of the Sheriffs and all Seizures and Debts which are pardoned shall be and are hereby fully discharged And that the same and every of them shall hereafter be left out of Sheriffs accompts without further Order Plea Petition or other Charge to any Sheriff or Sheriffs whatsoever And that no Processe shall from henceforth be written forth to any Sheriff for the levying of the same or any of them nor for any other Rent or Farm which cannot be explained by setting forth the particulars thereof or which have been unanswered by the space of forty years last past And that all other dead Farms and Seizures and all desperate illeviable and unintelligible Debts shall be removed out of the Annual Roll and Sheriffs Charge into the Exannual Roll there to remain untill by Commission they shall be revived and made answerable Process for Debts to be sent forth in convenient time And to the end that all new Debts arising and coming into the Exchequer for the future may be sent forth in Processe within convenient time Be it also Enacted and Declared That the aforesaid several Remembrancers do forthwith inrol and certify to the said Ingrosser of the great Roll all such Debts as any Sheriff or Sheriffs of this Realm are or hereafter shall be charged withall either by vertue of their respective Retorns made to the Barons of the said Exchequer upon his Majesties Writs of Fieri facias Levari facias Capias or other Processe and also of all Fines and Amerciaments which are or shall be set and imposed by the Court of Exchequer upon any Sheriff or Sheriffs for his or their contempts or neglects that is to say That all and every such Debts Fines and Amerciaments as now are returned set or imposed in any of the said Offices shall be delivered as aforesaid before the First day of February next ensuing And all such Debts Fines and Amerciaments as shall hereafter be returned set or imposed in any of the respective Offices shall be also delivered by the First day of the next Term after such Retorns made The penalty upon officers for doing any thing against this Act. or such Fines or Amerciaments so set or imposed that so they may be all charged in the Sheriffs Accompts respectively and comprehended within his or their Quietus est upon pain that every Officer or Officers in the said Exchequer who shall in any thing offend contrary to this present Act shall forfeit the sum of Forty pounds for every such offence whereof one moyety shall be to the King his Heirs and Successors and the other moyety to the party or parties who shall be thereby agrieved to be recovered by Action of Debt Bill Plaint or Information in any of his Majesties Courts at Westminster wherein no Essoin Protection Priviledge or Wager of Law shall be allowed or admitted 9 E. 2. St. Lincoln 4 E. 3. cap. 9. 5 E. 3. cap. 4. And it is hereby further Provided and Ordained That no person shall be assigned to be Sheriff of any County within this Realm except such as have Lands within the same County sufficient to answer the King and his people And whereas by an Act made in the One and twentieth year of the Reign of our late Soveraign Lord King James over England 21 Jac. cap. 5. It was provided That whensoever any Sheriff upon passing his Accompts A Quietus est to be a sufficient discharge for a Sheriff if not questioned within four years after grant thereof should have his Quietus est that he should be thereby absolutely discharged of all sums of Money by him Levied and Received and pretended not to be accompted for
hold the same Lands Shares Lots parts and proportions as fully and effectually as if the said Governour Bayliffs and Conservators had executed respective Estates thereof subject nevertheless to such Decrée as the said Iudicature or Commissioners before nominated and appointed shall make touching or concerning the Premises and also subject to the payment of all Taxes to be laid and imposed by vertue of this Act and no other And whereas there are several sums of money amounting to Four thousand pounds or thereabouts in arrear for Taxes laid and imposed since the Nine and twentieth day of September 4000 l. in arrear for Taxes upon whom to be laid in the yeare of our Lord One thousand six hundred fifty and eight upon several parts of the said Ninety five thousand acres subjected by this Act to the Iudicature aforesaid and for Penalties incurred for non-payment of the same by vertue or colour of some Act or authority or pretended Act or authority Be it therefore Enacted by the authority aforesaid That the said Commissioners or Iudicatory or any two of them aforesaid shall have Power and authority and are hereby required in such adjudication as they shall make touching the Lands subjected to their Iudicature as aforesaid to Direct Order and Decrée upon what Persons or Lands the said Sums of Money so in Arrear for Taxes and Penalties as aforesaid shall be charged and the said Taxes and Penalties shall be accordingly levyed upon such Persons or Lands and in such manner and by such ways and means as shall be Directed Ordered and Decréed by the Iudicature aforesaid or any two of them And as if such Direction Order and Decree had béen particularly hereby Enacted Complaints by particular persons and Parishes And whereas particular persons and Parishes do conceive and alledge That the Dreining of one place hath Drowned and made worse the Lands in other places And whereas divers persons likewise do alledge and complain That the said Ninety five thousand acres in many places are not indifferently set out or allotted according to the Law made at Lyn in the Sixth year of the late King Charles nor according to Agréement made with the Countrey But in many places greater quantities have béen taken from the Owners Commoners and Townships then ought to have béen And that some Lands have béen taken as belonging to one Parish and County which in truth did belong to another And in many places the allotments have béen taken very inconvenient for the Townships which ought not to have béen by the said Agréement And whereas the Dreining aforesaid and future maintenance of the said Great Level ought to be without prejudice to Navigation And because all Complaints which have béen made and all prejudices which have béen or shall be done to particular Persons Parishes and Places cannot by this Act be sufficiently provided for and remedied Be it further Enacted by the Authority aforesaid That Sir John Tracy Knight Commissioners hearing the said Complaints and Differences Sir Charles Mordant Sir Nicholas L' Strange Baronets Sir William Hovel Knight Edward Pepis Humphrey Beddingfield Nicholas Stileman Esquires for the County of Norfolk Sir Nicholas Bacon Knight of the Bath Sir Lyonel Tolimach Baronet Sir John Duncombe Knight Sir Edmond Pooley Knight Sir George Reve Knight and Baronet Sir George Weneve Knight Thomas Waldegrave Esquire for the County of Suffolk Sir Dudley North Sir Thomas Wendy Knights of the Bath Levinus Bennet Esq Robert King John Pepis Doctors of the Law Thomas Crouch Francis North Esquires for the County of Cambridge Sir Thomas Sclater Baronet L' Strange Colthrop John Millecent Thomas Hall John Sotheby Esquires John Bing Esquire and William Wren Esquire for the Isle of Ely Sir Francis Compton Knight Robert Appreece Sutton Ashfield Esquires Anthony South Doctor of the Law Robert Payne Richard Nayler _____ Ferrers of Gedding Esquires for the County of Huntington Sir William Dudley Knight and Baronet Maurice Tresham Francis Kirkham Lewis Palmer Christopher Thursby Francis Lane George Tresham Esquires for the County of Northampton Sir Charles Hussey Sir John Newton Baronets Sir Thomas Meeres Sir Anthony Irby Knights Sir Anthony Oldfield Baronet Richard Brownlow Daniel Rhodes Esquires for the County of Lincoln shall be and are hereby made and constituted the present Commissioners for the purpose herein mentioned And for the supplying the number of the Commissioners of the said respective Counties in case of death or other avoidance or incapacity Be it also Enacted That within Thrée moneths after such death or Notice of such avoidance or incapacity of the remaining Commissioners of each respective County of which such Commissioners who died or became incapable were or the major part of them shall from time to time nominate and appoint by Déed under their Hands and Seals to be enrolled in Chancery some other person or persons residing within the said County of which the said Commissioners who died or became incapable The Power and Authority of the said Commissioners were to be Commissioners in the place and stead of him or them so dying or becoming incapable which said Commissioners hereby constituted or hereafter to be constituted in manner aforesaid or any seven or more of them be are and shall be hereby Authorized and Impowred from time to time to hear and determine such Complaints Controversies Differences and Grievances as are in this Act expressed relating to or concerning or occasioned by the Dreining and Maintaining the said Great Level of any Parish or Township or of any person or persons as well within or without the said Level in such manner as is herein after expressed And that the said Commissioners hereby constituted or hereafter to be constituted in manner aforesaid or any seven or more of them shall from time to time have power and authority and are hereby required at or before the Eight and twentieth day of September which shall be in the year of our Lord One thousand six hundred sixty and six to give or make satisfaction out of the said Ninety five thousand Acres to such Parish or Township Person or Persons whose Lands or Interest therein either within or without the said Level shall after the First day of May One thousand six hundred sixty and thrée be made worse in quality or condition by the aforesaid Dreining or Works then they were before the Vndertaking the Dreining of the said Level in the Sixth year of the Reign of our late King Charles of blessed memory and proportionable to the Losses the owners of or persons interessed in such Lands shall hereafter receive by reason of their Lands being made worse in Quality or Condition by any such Works and Dreining as aforesaid and shall also have power at any time within Four years from the Four and twentieth day of June in the year of our Lord One thousand six hundred sixty and thrée to alter change and restore such parts and parcels of the said Ninety five thousand Acres as
themselves for seven years That if such person or persons for whose life or lives such Estates have béen or shall be granted as aforesaid shall remain beyond the Seas or elsewhere absent themselves in this Realm by the space of Seven years together and no sufficient and evident proof be made of the lives of such person or persons respectively in any Action commenced for recovery of such Tenements by the Lessors or Reversioners in every such case the person or persons upon whose life or lives such Estate depended shall be accounted as naturally dead And in every Action brought for the recovery of the said Tenements by the Lessors or Reversioners their Heirs or Assigns The Iudges before whom such Action shall be brought shall direct the Iury to give their Verdict as if the person so remaining beyond the Seas or otherwise absenting himself were dead What shall be a good challenge to Iurors upon tryal of Lives in being And be further Enacted That in any such Action wherein the life or death of any such person or persons shall come in question betwéen the Lessor or Reversioner and the Tenant in possession it shall and may be lawful for the Lessor or Reversioner to take exception to any of the Iurors returned for the trial of that cause that the greatest part of the real Estate of any of such Iurors is held by Lease or Copy for lives who upon proof thereof shall be set aside as in case of other legal challenges Provided always and be it Enacted by the Authority aforesaid Proviso for Lands held by lives of certain Traytors attainted That nothing in this Act contained shall extend to any Lands held by the life or lives of any person or persons attainted of Treason for the horrid murder of his late Majesty of blessed memory who now conceal or hide themselves which Lands are or have béen vested in His Majesty and are now granted to his Royal Highness the Duke of York but that the course of Evidence heretofore used in such cases shall be had and used Any thing to the contrary in this Act notwithstanding Provided always and be it Enacted Proviso for persons evicted by this not being in truth dead That if any person or persons shall be evicted out of any Lands or Tenements by vertue of this Act and afterwards if such person or persons upon whose life or lives such Estate or Estates depend shall return again from beyond the Seas or shall on proof in any Action to be brought for recovery of the same be made appear to be living or to have béen living at the time of the Eviction That then and from thenceforth the Tenant or Lessée who was outed of the same his or their Executors Administrators or Assigns shall or may re-enter re-possess have hold and enjoy the said Lands or Tenements in his or their former Estate for and during the life or lives or so long term as the said person or persons upon whose life or lives the said Estate or Estates depend shall be living and also shall upon Action or Actions to be brought by him or them against the Lessors Reversioners or Tenants in possession or other persons respectively which since the time of the said Eviction received the Profits of the said Lands or Tenements recover for damages the full Profits of the said Lands or Tenements respectively with lawfull Interest for and from the time that he or they were outed of the said Lands or Tenements and kept or held out of the same by the said Lessors Reversioners Tenants or other persons who after the said Eviction received the Profits of the said Lands or Tenements or any of them respectively aswell in the case when the said person or persons upon whose Life or Lives such Estates or Estates did depend are or shall be dead at the time of bringing of the said Action or Actions as if the said person or persons were then living CAP. VII Disturbances of Seamen and others prevented and to preserve the Stores belonging to His Majesties Navy Royal. WHereas divers Fightings Quarrelings and Disturbances do often happen in about His Majesties Offices Yards and Stores for His Majesties Royal Navy 16 Car. 2. cap. 5. and frequent Differences and Disorders are occasioned in the Office of His Majesties Treasury of the Navy on Pay-days in London Portsmouth and other places of méeting for the Service of the said Navy And that either by the unreasonable Turbulency of Seamen and others attending on Turbulency of Seamen or relating to that Service or their Creditors or by the rudeness of the Officers intrusted with His Maiesties Stores on Land or in His Royal Ships when they are questioned by the Principal Officers and Commissioners of the said Navy either for neglect or Imbezelment of His Majesties Provisions Ammunition or other Equipage of the Navy under their Charge and that not onely to the disturbance of the Peace but sometimes to the danger and hindrance of His Majesties Service both in point of husbanding His Majesties Revenue and also on the dispatch of the Ships on which the Honour and Safety of His Majesty and Kingdom so much depends Which inconveniencies require a spéedie remedy then the ordinary attendance on the Sessions of Peace can give the Parties Accused or Offending being many times bound to Sea and the Principal Officers and Commissioners for want of Authority to suppress such Insolencies and determine such Cases being necessitated to pass by many Offences in which His Majesty might be righted if their necessary attendance on that important Service would permit the prosecution of the Offenders before other ordinary Iudicatures Be it therefore Enacted by the Kings most Excellent Majesty with the Advice and Consent of the Lords Spiritual and Temporal and Commons in Parliament assembled and by the Authority of the same Who may examine and punish offences and disturbances committed by Seamen relating to the Navy That the Treasurer Comptroller Surveyor Clerk of the Acts and the Commissioners of the Navy for the time being or any one or more of them have power and authority to examine and punish all such person and persons whom they upon their enquiry examination or on view in their presence shall find hereafter to make or have made any Disturbance Fighting or Quarrelling in the Yards Stores or Offices aforesaid at Pay-days or on other occasions relating to the Naval Services in such manner as followeth That is to say That they or any one or more of them may punish any the said Offences by Fine Imprisonment or either of them the Fine not excéeding Twenty shillings and Imprisonment not excéeding one week And have power in such cases to commit such persons to the next Gaol or to the custody of the Messenger or Messengers for the time being attendant on them who respectively are to receive and detain such person so offending And that the said principal Officers and Commissioners or the greater number