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A84524 A collection of the statutes made in the reigns of King Charles the I. and King Charles the II. with the abridgment of such as stand repealed or expired. Continued after the method of Mr. Pulton. With notes of references, one to the other, as they now stand altered, enlarged or explained. To which also are added, the titles of all the statutes and private acts of Parliament passed by their said Majesties, untill this present year, MDCLXVII. With a table directing to the principal matters of the said statutes. By Tho: Manby of Lincolns-Inn, Esq.; Public General Acts. 1625-1667 England and Wales.; Manby, Thomas, of Lincolns-Inn. 1667 (1667) Wing E898; ESTC R232104 710,676 360

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cap. 29. have béen held by sundry Leases thereof made for years and for one two and thrée lives by means whereof the Tenants have fixed Estates have béen encouraged to improve and manure the same and have improved the same and therein laid out great sums of Money in Building and otherwise to the great advantage of the Publick And whereas for Twenty years and more now last past no such Leases have béen legally made so that it is probable most of the Tenants Estates will be determined or near determination ere that there can be any Estates well and legally renewed unless remedy therefore be provided by means whereof Waste Spoil and Dilapidation are likely to happen the Lands worn out and decayed and great disturbance and impoverishment to the Tenants And whereas on the like consideration King Charles the First was by special Law enabled to make such Leases Be it Enacted by our Soveraign Lord the King by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by authority of the same That all Leases or Grants already made Leases by the King of Lands c. of the Dutchy of Cornwall made good or hereafter to be made within the space of thrée years now next ensuing by our said Soveraign Lord the King by Letters Patents Indentures or other Writings under His Great Seal of England or Seal of the Court of Exchequer or by Copy of Court-Roll according to the Customs of the respective Mannors of any Offices Parks Lands Tenements or Hereditaments other then Honors Lordships or Mannors parcel of the possessions of the said Dutchy of Cornwall or annexed to the same shall be good and effectual in Law according to the Purport and Contents of the said Leases Grants and Copies against our said Soveraign Lord the Kings Majesty his Heirs and Successors and against all and every person or persons that shall hereafter have inherit or enjoy the said Dukedome of Cornwal by force of any Act of Parliament or other limitation whatsoever Leases for above 31 years or three lives excepted Provided alwayes That every such Lease so to be made of any Parks Lands Tenements or Hereditaments in Possession shall be made but for thrée lives or fewer or for one and thirty years or under or some other term of years determinable upon one two or thrée lives and not above And if such Leases be made in Reversion That then the same together with the Estates in Possession do not excéed thrée lives or the term of one and thirty years and not in any wise dispunishable of Waste Not to be di●punishable of Waste The ancient rent to be reserved and so as upon every such Lease shall be reserved the ancient or most usual rent or more or such Rent as hath béen yielded or paid for the greater part of twenty years next before the making of the said Leases and shall be reserved due and payable by or to him or her that shall have the Inheritance or other Estate of the said Parks Lands Tenements or Hereditaments and where no such Rent hath béen reserved or payable That then upon every such Lease there shall be reserved a reasonable Rent not being under the fourth part of the clear yearly value of the Parks Lands Tenements or Hereditaments contained in such Lease Covenants con●●sions in such leases grants or c. shall be good And be it further Ordained and Enacted by Authority of this present Parliament That all Covenants Conditions and Reservations and other Agréements contained in every Lease Grant or Copy heretofore made or hereafter so to be made as aforesaid shall be good and effectual in Law according to the words and contents of the same as well for and against them to whom the Reversion of the same Lands Tenements or Hereditaments shall come as for and against them to whom the Interest of the said Leases Grants or Copies shall come respectively as if our Soveraign Lord the Kings Maiesty at the time of the making of such Covenants Conditions and Reservations and other agréements were seised of an absolute Indefeasible Estate in Fée-simple in the same Lands Saving of others Rights Tenements or Hereditaments Saving alwayes to all and every person and persons Bodies Politick and Corporate their Heirs and Successors Executors Administrators and Assigns other then our said Soveraign Lord the Kings Maiesty and his Heirs and all and every person and persons that shall hereafter have inherit or enjoy the said Dukedom of Cornwall by force of any Act of Parliament or other limitation whatsoever all such Rights Titles Estates Customs Interests Terms Claims and demands whatsoever of what kind nature or quality whatsoever or in to or out of the said Offices Lands Tenements or Hereditaments or any of them as they or any of them had or ought to have had before the making of this Act to all intents and purposes and in as large and ample manner and form as if this Act had never béen had or made this Act or any thing therein contained to the contrary notwithstanding ACTS made in the Parliament begun and holden the 8th of May Anno 13 Caroli Secundi Regis And Continued to the 19th of May 14 Caroli Regis And thence Prorogued to the 18th of February then next following CAP. I. Certain Persons called Quakers and others refusing to take lawful Oaths VVHereas of late times certain persons under the names of Quakers and other names of Separation Quakers seperations denying to take an Oath have taken up and maintained sundry dangerous Opinions and Tenents and amongst others that the taking of an Oath in any case whatsoever although before a lawful Magistrate is altogether unlawful and contrary to the Word of God and the said persons do daily refuse to take an Oath though lawfully tendred whereby it often happens that the truth is wholly suppressed and the Administration of Iustice much obstructed And whereas the said Persons under a pretence of Religious Worship do often assemble themselves in great numbers in several parts of this Realm to the great endangering of the Publick Peace and Safety and to the terror of the People by maintaining a secret and strict correspondence amongst themselves and in the mean time separating and dividing themselves from the rest of his Majesties good and loyal Subjects and from the Publick Congregations and usual places of Divine Worship For the redressing therefore and better preventing the many Mischiefs and dangers that do and may arise by such dangerous Tenents and such unlawful Assemblies Be it Enacted by the Kings Most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and Commons Assembled in Parliament and by Authority of the same That if any person or persons who maintain that the taking of an Oath in any case whatsoever although before a lawfull Magistrate is altogether unlawful The penalty for refusing
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-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
167. Private Acts. AN Act for setling of the Estate of James late Duke of Richmond and Lenox according to agreement of Charles Duke of Richmond and Lenox Mary Dutchess Dowager of Richmond and Lenox and the Lady Mary her Daughter and the Trustees of the said Lady Dutchess An Act for confirmation of certain Letters Patents made and to be made to the Right Noble Lord George Duke of Albemarle of several Honors Mannors and Hereditaments granted or mentioned to be granted to him by His Majesty An Act for confirming the Estate of John Marquess of Winchester in certain Mannors and Lands whereof the Deeds and Evidences were burnt and lost at the taking of the Castle of Basing An Act to confirm the sale of certain Lands sold by Ferdinando late Earl of Huntingdon for the payment of his own and his Fathers debts An Act for setling a Capital Messuage or Mansion House with the Appurtenances in Kensington in the County of Middlesex upon Baptist Viscount Campden and his Heirs An Act for confirming an Act for restoring to Thomas Lord Culpeper Son and Heir and sole Executor of John Lord Culpeper Baron of Thorsway and Master of the Rolls deceased all his Honors Mannors Lands and Tenements Leases not determined and Hereditaments whatsoever whereof the said John Lord Culpeper was in possession on the twentieth of May 1642. or at any time after which have not been since sold or aliened by the said John late Lord Culpeper by Acts or Assurances to which himself was party and consenting An Act to enable the Bishop of London to lease out the Tenements now built upon the Scite of his Palace in London An Act for the Naturalizing of Philadelphia Wife to the Right Honorable Thomas Lord Wentworth An Act for confirming several Acts therein mentioned An Act for confirming of two Acts therein mentioned An Act for the Endowment of several Churches by the Lord Viscount Scudamore of Sligo in the Realm of Ireland An Act for the disuniting the Hundreds of Dudston and Kings Barton from the County of the City of Gloucester and restoring them to be part of the County of Gloucester An Act for making Navigable of the Rivers of Stower and Salwerp and the Rivulets and Brooks running into the same in the Counties of Worcester and Stafford An Act for the making Navigable of the Rivers of Wye and Lugg and the Rivers and Brooks running into the same in the Counties of Hereford Gloucester and Monmouth An Act for setling certain Mannors and Lands late of Sir James Enyons Baronet on Sir Henry Puckering alias Newton Baronet and Sir Charles Aderly Knight his surviving Trustees to sell for payment of Debts An Act for confirmation of certain Decrees of Sewers made by the Commissioners for the limits of the Level of the River of Ancholm in the County of Lincoln An Act for confirming a Decree made on the behalf of Thomas Derham Esq and the Improvements Exchanges and Allotments therein mentioned An Act for the enabling Sir Thomas Lee Baronet to exchange some Lands setled upon the Marriage of Dame Anne Lee his now Wife in consideration of another Settlement of Lands of equal value in lieu thereof An Act for discharging the Mannors of Stodscomb and Holwell and other Lands in the County of Devon from the trust of one hundred and fifty years made unto John Earl of Exeter John Earl of Bridgwater and Oliver Earl of Bolingbrook An Act for supplying a supposed defect of the words Stand and be seized in a Deed for setling of divers Mannors and Lands on Sir Henry-Frederick Thynne An Act for confirming the Copy-hold Estates of divers of his Majesties Copy-hold Tenants within the Honor of Clitherow in the County Palatine of Lancaster parcel of the Dutchy of Lancaster according unto several Decrees in the Court of Dutchy Chamber of the said County Palatine An Act for confirmation of the Estates of several Tenants and Copy-holders of the Mannors of Rannes Irchester Rushden and several other Mannors parcels of the Dutchy of Lancaster An Act for confirming explaining and enlarging an Act intituled An Act for the levying of certain Moneys due upon the Collection for the Protestants of Piedmont An Act to enable the sale of some of the Lands of William Milward Esq for payment of some of his Debts An Act vesting certain Lands in Bleasby in Sir John Mounson the younger Robert Thorold Esq and Anthony Eyre the elder Esq and their Heirs to sell for payment of the debts of Sir Robert Dallison and William Dallison An Act to enable the Trustees of Henry Nevil Esq to sell certain Mannors Lands and Tenements in the Counties of York and Leicester for payment of his and his Son William Nevils debts and likewise to confirm and strengthen the sale of such Lands as they have already sold in the County of York An Act for the making void certain Fines unduly procured to be levied by Sir Edward Powel Knight and Baronet and Dame Mary his wife An Act for sale of Sir Robert Slingsby deceased his Lands for payment of his debts An Act to enable Sir Anthony Brown to sell Lands for payment of debts An Act to enable Anthony Etrick to sell Lands for payment of his Debts An Act for the Naturalizing of Anna Ferrers and several other persons named therein An Act for the Naturalizing of Mark Le Pla and others An Act for the Repairing of Bengworth Bridge in the County of Worcester An Act to enable Rowland Okeover Esq to sell certain Lands in the County of Derby An Act to enable Mrs. Clemence Rivers and Mrs. Rose Rivers to sell certain Lands and Houses for payment of the Debts of Edward Rivers Esq deceased and provision for his younger children An Act to enable Thomas Peck Esq to sell a Mannor and some Lands in the County of Norfolk for the payment of his Debts and other uses An Act for confirmation of Agreements made between Thomas Bushel Esq and the Miners of Rowpits in Somersetshire for recovering their drowned and deserted works An Act for the setling certain Lands belonging unto Francis Tindal Gentleman upon Trustees to be sold for the payment of Debts An Act for confirmation of three Acts therein mentioned Anno decimo quinto Caroli Secundi Regis Angliae c. 1 AN Act for repairing the High-ways within the Counties of Hertford Cambridge and Huntingdon cap. 1. fol. 173. 2 An Act for the punishment of unlawful cutting or stealing or spoiling of Wood and Underwood and Destroyers of young Timber-Trees cap. 2. fol. 176. 3 An Act to explain and supply a former Act for distribution of threescore thousand pounds amongst the truly Loyal and Indigent Commission-Officers and for assessing of Offices and distributing the moneys thereby raised for their further supply cap. 3. fol. 179. EXP. 4 An additional Act for the better ordering the Forces in the several Counties of this Kingdom cap. 4. fol. 179. 5 An Act for Regulating select Vestries cap. 5. fol. 182. 6 An Act for
Patents Indentures or other Writings under his great Seal of England or Seal of the Court of Exchequer of any Manors Lands Tenements or Hereditaments parcel of the possessions of the said Dutchy of Cornwall or annexed to the same shall be good and effectual in Law according to the purport and content of the said Leases against our said Soveraign Lord the Kings Maiesty his Heirs and Successors and against all and every person or persons that shall hereafter have inherit or enjoy the said Dukedom of Cornwall by force of any Act of Parliament or other limitation whatsoever Except they be made for above 3● years or 3 lives c. Provided alwayes That every such Lease so to be made of any Manors Lands Tenements or Hereditaments in possession shall be made but for thrée Lives or fewer or for one and thirty years or under or some other tearm of years determinable upon one two or thrée lives and not above And if such Leases be made in reversion That then the same together with the Estates in possession do not excéed thrée Lives or the terme of one and thirty years and not in any wise dispunishable of waste The ancient Rent to be reserved and if none anciently a reasonable Rent And so as upon every such Lease shall be reserved the ancient or most usual rent or such rent as hath béen yielded or payed for the greater part of twenty years next before the making of the said Leases and shall be reserved due and payable by or to him or her that shall have the Inheritance or other Estate of the said Manors Lands Tenements or Hereditaments And where no such rent hath béen reserved or payable that then upon every such Lease there shall be reserved a reasonable rent not being under the twentieth part of the clear yearly value of the Manors Lands Tenements or Hereditaments contained in such Lease All covenants c. contained in such Leases shall be good And be it further Ordained and Enacted by Authority of this present Parliament That all Covenants Conditions and Reservations and other Agréements contained in every Lease so to be made as aforesaid shall be good and effectual in Law according to the words and contents of the same as well for and against them to whom the reversion of the same Manors Lands Tenements or Hereditaments shall come as for and against them to whom the said Leases shall come respectively As if our said Soveraign Lord the Kings Majesty at the time of the making of such Covenants Conditions and Reservations and other Agréements were seized of an absolute and indefeizible Estate in Fée-simple in the same Manors Lands Tenements or Hereditaments Saving always to all and every person and persons The right of others saved bodies Politick and Corporate their heirs and successors executors administrators and assigns other then our said Soveraign Lord the Kings Majestie and his Heirs and all and every person and persons that shall hereafter have inherit or enjoy the said Dukedom of Cornwall by force of any Act of Parliament or other limitation whatsoever all such rights titles estates customs interests terms claims and demands whatsoever of what kind nature or quality soever of in to or out of the said Manors Lands Tenements or Hereditaments or any of them as they or any of them had or ought to have had before the making of this Act to all intents and purposes and in as large and ample manner and form as if this Act had never béen had or made This Act or any thing therein contained to the contrary notwithstanding CHAP. III. An Act for the Ease in obtaining of Licenses of Alienation and in the Pleading of Alienations with Licence or of Pardons of Alienations without Licence in the Court of Exchequer or elsewhere Stat. 12. Car. 2. cap. 24. All Fines Seizures and Pardons for Alienations and all incidents thereunto are taken away and discharged CHAP. IV. Forreigners as well as Inhabitants shall not be permitted to tipple in Inns Ale-houses c. 21 Jac. 5. WHereas in the last Parliament it was Enacted That if any person or persons whatsoever his or their ha●itation or abiding be should after be found upon view or his own confession or proof of one witness to be tippling in any Inn Ale-house or Victualling-house 1 Jac. 5. 4 Jac. 5. such person or persons should be thenceforth adjudged and construed to be within the Statutes of the first and fourth years of the late Kings Majesties reign King James of famous memory The one intituled An Act to restrain the inordinate haunting of tippling in Inns Ale-houses and other Victualling-houses And the other intituled An Act to repress the odious and loathsom sin of Drunkenness as if he or they had inhabited and dwelled in the City Town Corporate Market town Village or Hamlet where the Inn Alehouse or Victualling-house was or should be where he or they should be so found tippling should incur the like penalty and the same to be in such sort levied and disposed as in the said Act is expressed concerning such as there inhabit but no punishment by any or either the said Acts or by any other Statute is inflicted upon the Inn-kéeper Alehouse-kéeper or Victualler that permits or suffers such person or persons not there inhabiting to tipple in his Inn Ale-house or Victualling-house The Inn-keeper c. that permits a forreigner to tipple in his house shall ●●e●r the penalty provided by 2 Jac. ● For remedy whereof Be it Enacted That every Inn-kéeper Alehouse-kéeper and other Victualler that at any time after the end of this Session of Parliament shall permit and suffer any person or persons not inhabiting in the City Town Corporate Market town Village or Hamlet where such Inn Alehouse or Victualling-house is or shall be to tipple in the said Inn Alehouse or Victualling-house contrary to the true intent of any or either of the said former Statutes the said Inn-kéeper Alehouse-kéeper and Victualler so offending shall incur the same penalty and in such manner to be proved levied and disposed as in the former Statute of the first year of his said late Majesties reign is appointed for permitting such to tipple as dwell in the same City Town corporate Market town Village or Hamlet And be it further enacted That the kéepers of Taverns Vintners and Victuallers to be within this and the other Statutes and such as do sell Wine in their houses and do also kéep Inns or Victualling in their houses shall be taken to be within the said two former Statutes and also within this Statute CAP. V. Three entire Subsidies granted by the Spiritualty EXP. CAP. VI. Two entire Subsidies granted by the Temporalty EXP. CAP. VII This Session of Parliament by reason of the encrease of the Sickness and other inconveniencies of the season requiring a speedy Adjournment nevertheless shall not determine by his Majesties Royal assent to this and some other Acts. EXP. ANd
Sub-collectors of each Parish or Place which shall be appointed by vertue of this Act shall upon the Collection of the whole summe appointed to be collected by them and payment thereof as is hereby and before appointed have and receive for their pains in collecting and paying the moneys one peny in the pound which the said several Head-Collectors are hereby authorized to pay unto them and the several Head-Collectors which shall be appointed by vertue of this Act shall upon the payment of the whole summe due from their Hundred or Division to the Receiver-General of each County have and receive for their pains in receiving and paying the said moneys one peny in the pound which each Receiver-General is hereby authorised to pay and allow unto them accordingly and also upon the Receipt of the whole Assessment of the County City or Town for which he is appointed Receiver-General in case he hath received the several Duplicates of each Parish or Place therein and not otherwise to allow and pay according to such warrant as shall be in that behalf given by the said Commissioners or any thrée of them one peny in the pound for the Commissioners Clerks for their pains in fair writing the Assessments Duplicates and Copies Provided that no Head-Collectors shall be appointed for any City or Town which is by this Act particularly charged with the payment of any summe towards the Assessment hereby to be levied and for which a Receiver-General is to be appointed excepting within the City of London And be it Enacted and Declared How the money may be levied upon persons refusing to pay That if any Person shall refuse or neglect to pay any summe of money whereat he shall be rated and assessed That then it shall and may be lawful to and for the said Collectors Sub-collectors or any of them who are hereby Authorised and required thereunto to levy the summe assessed by Distress and Sale of the Goods of such persons so refusing or neglecting to pay deducting the summe assessed and reasonable charges of distraining and restore the overplus to the Owner thereof And to break open in the day-time any House and upon Warrant under the Hands and Seals of two or more of the said Commissioners any Chest Trunk or Box or other things where any such Goods are and to call to their Assistance the Constables Tythingmen and Headboroughs within the Counties Cities Towns or places where any refusal neglect or resistance shall be made which said Officers and Forces are hereby required to be aiding and assisting in the premisses as they will answer the contrary at their perils And if any question or difference happen upon taking of such Distresses betwéen the Parties distressed or distrained the same shall be ended and determined by the said Commissioners or any two or more of them And if any person or persons shall refuse or neglect to pay his or their Assessment In what case imprisonment may be for lack of distress and convey his or their Goods or other personal Estate whereby the summe of money so assessed cannot be levied according to this Act then the respective Commissioners or any two or more of them are hereby authorised to imprison the person except a Péer or Péers of this Realm and him and them in prison to detain and keep until the money so assessed and the charges for the bringing in the same be paid and satisfied and no longer And the several and respective Tenants or Tenant of all Houses and Lands Tenants to pay such sums as be rated upon their Landlords which shall be rated by vertue of this Act are hereby required and authorised to pay such summe or summes of money as shall be rated upon such House or Lands and to deduct out of the Rent so much of the said rates as in respect of the said Rents of every such House and Lands the Landlord should or ought to pay and bear And the said Landlords both mediate and immediate according to their respective Interests are hereby required to allow such deductions and payments upon the Receipt of the residue of the Rents And it is Enacted and Declared That every Tenant paying the said Assessment And be acquitted against them for so doing shall be acquitted and discharged for so much money as the said Assessment shall amount unto as if the same had béen actually paid unto such person or persons unto whom his Rents should have béen due and payable And if any difference shall arise betwéen Landlord and Tenant The Commissioners may determine differences between Landlords and Tenants about Rates or any other concerning the said Rates the said several Commissioners or any two or more of them in their several divisions shall and have hereby power to settle the same as they shall think fit And if any Person or Persons shall find him or themselves agrieved in that the Assessors have over-rated him or them and shall within six days after demand made of the summe of money assessed on him or them complain to two or more Commissioners whereof one of the Commissioners who signed or allowed his or their Assessment to be one The said Commissioners or any two or more of them shall have and have hereby power within twelve days after the demand of the Assessment as aforesaid to relieve such person or persons and to charge the same on such other person or persons as they shall see cause And in case the proportions set by this Act upon all and every the respective Counties Cities Towns and Places shall not be fully assessed levied and paid according to the true meaning thereof Rates upon persons not of ability or empty houses or that if any of the said Assessments shall be rated and imposed upon any person not being of ability to pay the same or upon any empty or void House or Land where the same cannot be collected or levied or that through any wilfulness negligence or mistake or accident the said Assessment charged upon each County City Town or Place by vertue of this Act happens not to be paid to the Receiver-General of the respective Counties as in this Act is directed that then in all and every such cases the several and respective Commissioners Assessors and Collectors aforesaid and every of them respectively are hereby authorised and required to assess or re-assess or cause to be assessed or re-assessed levied and paid all and every such sum or sums of money upon the respective Counties Cities Towns and Places or upon any of the Divisions Hundreds and Parishes therein as to the said Commissioners or such number of them as by this Act are authorised to cause the first Assessment hereby required to be made shall séem most agréeable to equity and justice the said new Assessment to be made collected and paid in such manner and by such means as in this Act for this Assessment is delared and directed The punishment of persons neglecting to perform
their duty in execution of this Act. And be it further Enacted and Declared by the Authority aforesaid That if any Person or Persons shall wilfully neglect or refuse to perform his or their duty in the due and speedy execution of this present Act the said respective Commissioners or any Three or more of them have hereby Power to impose on such Person or Persons so refusing or neglecting their duties such Fine or Fines as to them shall be thought fit and to cause the same to be levied by Distress and Sale of his and their Goods Provided that no Fine to be imposed by any of the said Commissioners shall for any one Offence exceed the Sum of Twenty pounds And that all Fines that shall be imposed by vertue of this Act shall be paid to the respective Receivers-General and by them to the Receipt of His Majesties Exchequer Collectors and Sub-collectors receiving mony and not paying the same And it is further Enacted and Declared That if any Collector or Sub-collector that shall by vertue of this Act be appointed for the Receipt of any Sum or Sums of Money thereby to be Assessed shall neglect or refuse to pay any Sum or Sums of Money which shall by him be received as aforesaid and not pay the same as in and by this Act is directed and shall detain in his or their hands any money received by them or any of them and not pay the same as by this Act is directed the Commissioners of each County City or Town respectively or any Two or more of them in their respective Divisions are hereby Authorised and Impowred to imprison the Person and seize and secure the Estate both Real and Personal of such Collector or Sub-collector to them respectively belonging or which shall descend or come into the hands or possession of their Heirs Executors or Administrators where-ever the same can be discovered and found And the said Commissioners who shall so seize and secure the Estate of any Collector or Sub-collector shall be and are hereby impowred to appoint a time for the general Meeting of the Commissioners of such County City or Town and there to cause publick notice to be given at the place where such Meeting shall be appointed ten days at least before such General Meeting And the Commissioners present at such General Meeting or the major part of them in case the Moneys detained by Collectors or Sub-collectors be not paid or satisfied as it ought to be according to the Directions of this Act shall and are hereby impowred and required to sell and dispose of all such Estates which shall be for the cause aforesaid seized and secured or any part of them and satisfie and pay such County and Place the Sum that shall be so detained in the hands of such Collector or Sub-collector and return the Overplus deducting necessary Charges to such Collector or Sub-collector their Heirs Executors and Administrators respectively Collectors and Sub-collectors to be called to give an accompt to the Commissoners at the expiration of this Act. And it is hereby further Enacted and Declared That at the expiration of the respective times in this Act prescribed for the full payment of the said quarterly Assessments the several and respective Commissioners or any Two of them within their Division and Hundred shall and are hereby required to call before them the chief Collectors and Sub-collectors within each respective Division and Hundred to examine and assure themselves of the full and whole Payment of the particular Sum and Sums of Money charged upon the said Division Hundred and every Parish and Place therein and of the due Return of the same into the hands of the Receivers-General of the said County City Town and Place respectively And by such Receiver-General to the Receipt of His Majesties Exchequer to the end there may be no failer in the payment of any part of the Assessment by vertue of this Act to be assessed and paid nor any A●rears remain chargeable upon any the said Counties Cities Towns or places respectively And in case of any faileri●n the premisses the said Commissioners or any Two of them are hereby to cause the same to be forthwith levied and paid according to the true intent and meaning of this Act. Commissioners concerned in any Controversie to withdraw and not vote And it is hereby Enacted and Declared That in case any Controversie arise concerning the said Assessments or the dividing apportioning or payment thereof which concern any of the Commissioners by this Act appointed that the Commissioners so concerned in the said Controversie shall have no Voice but shall withdraw at the time of the Debate of any such Controversie until it be determined by the rest of the Commissioners No exemption of any priviledged Place or Person Fee-Farm Rents And be it hereby Enacted and Declared That no Priviledged Place or Person Body Politick or Corporate within the Counties Cities and Towns aforesaid shall be exempted from the said Assessments and Taxes and that they and every of them and also all Fée-Farm Rents and all other manner of Rents Payments sums of moneys and Annuities issuing out of any Lands within City or County shall be liable towards the payment of every sum by this Act to be taxed and levied And all the Tenants of every Fée-Farm Rent other Rent sums of money or Annuities aforesaid are hereby directed and authorised to pay them proportionably according to the Rates and Assessments by this Act appointed and directed And all such Tenants shall be hereby saved and kept harmless by authority of this Act from any further payment of such portion of any such Rent Rents Sums or Annuities either to the Exchequer or to any other person or persons to whom any such Rent Rents Sums of Moneys or Annuities as aforesaid should or ought to be paid to all intents or purposes whatsoever as fully and as amply as if they had paid the same into the Exchequer or to any person or persons to whom the same is reserved or become due Provided Proviso for Colledges and Halls in the Vniversities Windsor Eaton Winton Westminster Hospitals c. That nothing contained in this Act shall be extended to charge any Colledge or Hall in either of the Vniversities or the Colledges of VVindsor Eaton VVinton or VVestminster or any Hospitals for or in respect of the Scites of the said Colledges or Halls or Hospitals nor any Master Fellow or Schollar of any such Colledge or Hall or in any other Free-Schooles or any Reader Officer or Minister of the said Vniversities Colledges or Schooles or of any Hospitals or Alms-houses for or in respect of any stipend wages or profit whatsoever arising or growing due to them in respect of the said several Places and Imployments in the said Vniversities Colledges Schooles Hospitals or Alms-houses nor to Charge any of the Houses or Lands belonging to Christ's Hospital Saint Bartholomewes Bridewell Saint Thomas and Bethlehem Hospital
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
of Arundel Surrey and Norfolk to the Dignity and Title of Duke of Norfolk An Act to restore to Wentworth Earl of Roscomon of the Kingdom of Ireland all the Honors Castles Lordships Lands Tenements and Hereditaments in Ireland whereof James Earl of Roscomon his Great-Grand Father or James Earl of Roscomon his Father c. An Act for restoring of Sir George Hamilton unto his Lands and Estate in Ireland An Act for maintenance of the Vicar for the time being of the Vicaridge of Royston in the Counties of Hertford and Cambridge and of his Successors Vicars of the said Vicaridge An Act for enabling Sir William Wray to sell Lands for payment of his debts and raising of Portions for his younger Children An Act for naturalizing of Gerard Vanhenthusen Daniel Demetrius and others An Act for enabling of John Newton the younger and William Oakeley to make sale of Lands for payment of debts and raising of Portions c. An Act for the levying of certain moneys due upon the Collection for the Protestants of Piedmont An Act for the Naturalization of John Boreel Esq Eldest Son of Sir William Boreel Knight and Baronet An Act for the Naturalization of Abraham Watchtor born beyond the Seas An Act for restoring of Sir Thomas Grimes Baronet to his Estate An Act for enabling George Fawnt of Foston in the County of Leicester Esq to sell and conveigh part of his Lands for payment of several Debts Legacies charged upon his Estate by Sir William Fawnt Knight deceased and for the raising of Portions for his younger children and making his Wife a Joynture An Act for Naturalizing Francis Hide and others An Act to nable Joseph Micklethwaite an Infant and his Trustees to sell Lands for payment of his Fathers Debts An Act for raising portions and making provision for maintenance for the younger children of Sir Edward Gostwick An Act for confirming the Sale of the Mannor of Hitcham sold to Charles Doe by Sir John Clark Knight and Baronet and for setling and disposing other the Lands of the said Sir John Clerke and Dame Philadelphia his Wife An Act for the setling of some of the Mannors and Lands of the Earl of Cleaveland in Trustees to be sold for the satisfying of the Debts of the said Earl and of Thomas Lord Wentworth his Son An Act for the disappropriating of the Rectory appropriate of Preston and uniting and consolidating of the said Rectory and of the Vicaridge of the Church of Preston and for assuring of the Advowson and right of Patronage of the same unto the Master Fellows and Scholars of Emanuel Colledge in Cambridge and their Successors An Act for making the Precincts of Covent Garden Parochial Anno Decimo tertio Caroli Secundi Regis Angliae c. AN Act for Safety and Preservation of his Majesties Person and Government against Treasonable and Seditious Practices and Attempts Cap. 1. fol. 75. 2 An Act for Repeal of an Act of Parliament Entituled An Act for disenabling all persons in Holy Orders to receive any Temporal Jurisdiction or Authority Cap. 2. fol. 77. 3 An Act for the Declaring Vesting and Setling of all such Moneys Goods and other things in his Majesty which were Received Levied or Collected in these late times and are remaining in the hands or possession of any Treasurers Receivers Collectors or others not pardoned by the Act of Oblivion Cap. 3. fol. 77. 4 An Act for a Free and Voluntary Present to his Majesty Cap. 4. fol. 78. 5 An Act against Tumults and Disorders upon pretence of preparing or presenting Publike Petitions or other Addresses to his Majesty or the Parliament Cap. 5. fol. 78. 6 An Act Declaring the Sole Right of the Militia to be in the King and for the present Ordering and disposing the same Cap. 6. fol. 78. 7 An Act for Confirming Publike Acts Cap. 7. fol. 79. 8 An Act for Providing necessary Carriages for his Majesty in his Royal Progress and Removals Cap. 8. fol. 80. 9 An Act for the establishing Articles and Orders for the regulating and better Government of his Majesties Navies Ships of War and Forces by Sea Cap. 9. fol. 81. 10 An Act to prevent the Unlawful Coursing Hurting or Killing of Deer Cap. 10. fol. 85. 11 An Act for Confirming three Acts therein mentioned Cap. 11. fol. 85. 12 An Act for Explanation of a Clause contained in an Act of Parliament made in the 17th year of the late King Charles Entituled An Act for Repeal of a Branch of a Statute Primo Elizabethae concerning Commissioners for Causes Ecclesiastical Cap. 12. fol. 86. 13 An Act for Vesting the Arrears of the Excise and New Impost in his Majesty Cap. 13. fol. 87. 14 An Act for Confirming an Act Entituled An Act for Encouraging and Increasing of Shipping and Navigation and several other Acts both Publike and Private mentioned therein Cap. 14. fol. 87. 15 An Act Declaring the Pains Penalties and Forfeitures imposed upon the Estates and Persons of certain notorious Offenders Excepted out of the Act of Free and General Pardon Indempnity and Oblivion Cap. 15. fol. 88. Private Acts. An Act for ascertaining and Establishing the Fees of the Masters of the Chancery in Ordinary An Act for Confirming a Sale made by Sir Thomas Prestwich and others of the Mannor of Holm and certain Lands in the Parish of Manchester in the County of Lancaster unto Sir Edward Mosley Baronet An Act for Restoring of Thomas Radcliffe Esq to all his Lands and Possessions in England and Ireland An Act enabling John Harbin Esq to settle sell and dispose of several Mannors Messuages Lands Tenements and Hereditaments with the Appurtenances in the County of Somerset and Dorset therein mentioned for Payment of his Debts and to make provision for his younger Children An Act to enable the Sale of some of the Lands of Thomas Hunt Esq and John Hunt Gent. for the payment of their Debts An Act for setling the Mannors Knoll Seal and Kempsing in the County of Kent upon the Earl of Dorset and his Heirs and charging the Mannor of Bexhill and the Mannor or Farm of Cawding and other Lands in the County of Sussex with a Rent charge of One hundred and thirty pounds per annum in lieu thereof An Act for Confirmation of the Charter and Priviledges of the Master Wardens and Commonalty of Weavers Fullers and Clothiers in the City of Worcester An Act for Setling of several Lands late of Sir Edward Baesh Knight upon Sir Ralph Baesh Knight of the Bath Heir of the said Sir Edward and his Heirs An Act for Confirmation and Explanation of an Act for the Setling of some of the Mannors and Lands of the Earl of Cleaveland in Trustees to be sold for the satisfying of the Debts of the said Earl and Thomas Lord Wentworth his Son An Act for the Uniting the Parsonages of St. Andrews and St. Mary Witton in Droitwich in the County of Worcester An Act to enable John Lord Abergavenny Son and Heir of
for Prize-goods cap. 6. fol. 256. 7 An Act for continuance of a former Act for Regulating the Press cap. 7. fol. 258. 8 An Act to prevent Arrests of Judgment and Superseding Executions cap. 8. fol. 258. 9 An Act to impower the Chancellour of the Dutchy to grant Commissions for taking Affidavits within the Dutchy-Liberty cap. 9. fol. 259. 10 An Act for continuance of a former Act for Repairing the High-wayes within the County of Hertford cap. 10. fol. 259. 11 An Act for Draining of the Fenn called Deeping-Fenn and other Fenns therein mentioned cap. 11. fol. 261. 12 An Act for making the River Avon Navigable from Christ-Church to the City of New-Sarum cap. 12. fol. 270. Private Acts. AN Act to enable Sir Edward Hungerford Knight of the Bath to sell certain Lands in the County of Devon An Act for the enabling of Trustees to sell part of the estate of Samuel Sandys the elder Esquire and of his son Samuel Sandys for payment of debts An Act for confirming a Deed of Settlement between the Earl of Thanet and his younger Brothers An Act to enable the Bishop of Winchester to convey One hundred Acres of Land lying in the great disparked Park of Bishops-Waltham in the Parish of Bishops-Waltham in the County of Southampton upon the Rector of the said Parish-Church of Bishops-Waltham and his Successors in lieu of all Tythes and Payments for Tythes due to the said Rector and his Successors for Waltham-Parks An Act to enable the Lord Henry Powlet George Withers and John Mompesson to sell the Mannor of Abbots-Anne in the County of Southampton An Act to enable Henry Lord Loughborough to make the River and Sewer Navigable from or near Bristow Causey in the County of Surrey into the River of Thames An Act to enable Trustees for the Lord Strangford to sell Lands for payment of Debts An Act for restoring of Sir Charles Stanley in blood An Act for the setling of several Mannors Lands and Tenements of Sir Jacob Astley lying in the Counties of Norfolk and Warwick An Act for setling the Estate of Sir Robert Carr Baronet An Act for making the River of Medway Navigable in the Counties of Kent and Sussex An Act for making divers Rivers Navigable or otherwise passable for Boats Barges and other Vessels An Act for setling of Differences between the Towns of Great and Little Yarmouth touching the lading and unlading of Herrings and other Merchandises and Commodities An Act for the Naturalizing of Dederic alias Richard Comes and others An Act for confirming of an Act intituled An Act to enable Joseph Micklethwaite an Infant and his Trustees to sell Land for payment of his Fathers debts An Act for the inabling of Thomas Juckes of Treliddan in the County of Mountgomery Esquire to sell Lands for the payment of his Debts and raising of younger childrens portions An Act to enable Francis Lee Esquire to sell Lands for payment of Debts and to make provision for his children Anno Decimo septimo Caroli Secundi Regis Angliae c. 1 AN Act for granting the sum of Twelve hundred and fifty thousand pounds to the Kings Majesty for His present further Supply cap. 1. fol. 273. 2 An Act for Restraining Non-Conformists from Inhabiting in Corporations cap. 2. fol. 278. 3 An Act for Uniting Churches in Cities and Towns Corporate cap. 3. fol. 279. 4 An Act for Continuance of a former Act for Regulating the Press cap. 4. fol. 280. 5 An Act for attainting Thomas Dolman Joseph Bampfeild and Thomas Scott of High-Treason if they render not themselves by a day cap. 5. fol. 281. 6 An Act for taking away of Damage Cleere cap. 6. fol. 281. 7 An Act for a more speedy and effectual proceeding upon Distresses and Avowries for Rents cap. 7. fol. 282. 8 An Act for avoiding Unnecessary Suits and Delays cap. 8. fol. 283. 9 An Act for granting One moneths Assessment to His Majesty cap. 9. fol. 283. A Private Act. An Act for the Naturalization of Lewis Blanquefort and others Anno decimo octavo Caroli Secundi Regis Angliae c. 1 AN Act for Raising Moneys by a Poll and otherwise towards the Maintenance of the present War cap. 1. fol. 286. 2 An Act against Importing Cattel from Ireland and other parts beyond the Seas and Fish taken by Forreigners cap. 2. fol. 298. 3 An Act to continue a former Act for preventing of Theft and Rapine upon the Northern Borders of England cap. 3. fol. 299. 4 An Act for Burying in Woollen only cap. 4. fol. 299. 5 An Act for encouraging of Coynage ca. 5. fol. 300. Private Acts. AN Act for enlarging the time given by a former Act for Redemption of Mortgages made by the Earl of Cleveland An Act for Naturalizing of Isabella of Nassau Wife of the Right Honourable the Lord Arlington one of His Majesties Principal Secretaries of State An Act for Supply of part of the Joynture of the Lady Elizabeth Neell An Act for Setling the Estate of John Bodvell Esquire deceased An additional Act for Enabling the Sale of Lands to pay the Lord Strangford's Debts Anno decimo nono Caroli Secundi Regis Angliae c. 1 AN Act Explanatory of the Act for Raising Moneys by a Poll and otherwise towards the Maintenance of this present War cap. 1. fol. 302. 2 An Act for Erecting a Judicature for Determination of Differences touching Houses Burned or Demolished by reason of the late Fire which happened in LONDON cap. 2. fol. 303. 3 An Act for Rebuilding the City of LONDON cap. 3. fol. 304. 4 An Act for Relief of poor Prisoners and setting of them on work cap. 4. fol. 315. 5 An Act extending a former Act concerning Replevins and Avouries to the Principality of Wales and the County Palatines cap. 5. fol. 316. 6 An Act for Redress of Inconveniencies by want of Proof of the Deceases of Persons beyond the Seas or absenting themselves upon whose Lives Estates do depend cap. 6. fol. 316. 7 An Act to prevent the Disturbances of Seamen and others and to preserve the Stores belonging to His Majesties Navy Royal cap. 7. fol. 316. 8 An Act for granting the sum of Twelve hundred fifty six thousand three hundred forty seven pounds thirteen shillings to the Kings Majesty towards the Maintenance of the present War Private Acts. AN Act for Naturalizing of Hesther le Lov the Daughter and Co-heir of Gideon le Lou Lord of Coliumbers in Normandy the now Wife of the Right Honourable Denzill Lord Hollis of Ifield An Act for Confirming Explaining and Enlarging an Act Entituled An Act to Enable John Lord Abergaveny Son and Heir of Henry late Lord Abergaveny to Sell certain Lands for Payment of his Debts and Preferment of his Brother and Sisters An Act for the Illegitimation of the Children of the Lady Anne Roos An Act for Sale of a Messuage in Chiswick for Payment of the Debts of Edward Russel Esquire An Act for Confirmation of a Settlement of the Estate of
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 ●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 P●na●●s c. General ●ss●● Limitation of this act●on The Ecclesiastical ●●●●●diction 〈◊〉 abridge● 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 fo●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
The Essoin dayes and the Essoin day of the Return of Crastino Sanctae Trinitatis And be it further enacted Writs in personal actions hauing day from tres Michaelis till Crastino Ascentionis good Proviso for writs returnable 1641. Exp. That all Writs and Process in personal Acttions hereafter to be made out of any of his Majesties said Courts at Westminster and having day from tres Michaelis untill Crastino Animarum shall be good and effectual in Law notwithstanding there be not fiftéen dayes betwixt the quarto die of the said tres septimanas sancti Michaelis and the dayes of Essoin of Crastino Animarum Any Law Statute or Vsage to the contrary heretofore notwithstanding Provided alwayes and be if further Enacted by the Authority aforesaid that all writs and Process to be made from and after the Feast of Easter in the year of our Lord God 1641. Returnable in Octabis or Quindena sancti Michaelis now next ensuing or having dayes betwixt any of the said Returns shall by force of this Act have day unto tres septimanas sancti Michaelis next and the parties to the said writs and Process shall then appear and plead and procéed thereupon to all intents and purposes as if the said Writs and Process had béen made returnable a die sancti Michaelis in tres septimanas And whereas before the making of this Act Writs of summons ad Warrantizandum upon common recoveries and writs of Right of Advowson abridged to five Returns all Writs of Summons ad Warrantizand against the Vouchées upon Common Recoveries had in writs of Entry and writs of Right of Advowson were made for nine Returns inclusive Now for the more spéedy perfecting of such Recoveries Be it Enacted by the Authority aforesaid that from and after the said Feast of Saint Michael the Archangel next all and every such writs of Summons ad Warrantizand upon the appearance of the Tenant to every such writ of Entry and writ of Right of Advowson shall and may be made and abridged to five Returns as writs of Summons ad Warrantizand in writs of Dower unde nihil habet heretofore have been used and accustomed And it is further Enacted by the Authority aforesaid that all common writs and Process Common writs process to keep the aforesaid returns as well personal as mixt which shall fortune to be returnable in the said Michaelmas Term shall have and kéep the said Returns of A die sancti Michaelis in tres septimanas a die sancti Michaelis in unum mensem in Crastino animarum in Crastino Sancti Martini in Octabis Sancti Martini and a die Sancti Martini in Quindecem dies or any of them Provided alwayes And it is further Enacted by the authority aforesaid Special dayes may be appointed as have been used Dayes in assise of Darrein presentment and in plea of quare impedit and in attaint not contrary hereto shall be firm that in such and like cases and Process as special dayes have béen used to be appointed and assigned and given for the returning of writs and Process It shall be lawful to the Iustices of every of the Kings said Courts of Record for the time being in all the Process by them awarded to assign and appoint special dayes of Returns as by their discretions shall be thought convement Provided also and be it further Enacted by the Authority aforesaid That the dayes in Assise of Darrein presentment and in Plea of Quare Impedit limited and appointed by the Statute of Marlebridge and also the dayes to be given in Attaint limited in the Statute made in the fifth year of the Reign of the Noble King Edward the third And also in the Statute made in the thrée and twentieth year of the Raign of the late King Henry the eighth of worthy memory being not contrary to the Tenours of this Act shall be holden firm and stable and shall stand in their full force and effect CAP. VII 1 Stat. 12. Car. 2. cap. 1. This Parliament shall not be Dissolved Prorogued or Adjourned but by Act of Parliament EXP. CAP. VIII Tunnage and Poundage A Subsidy Granted to the King of Tunnage Poundage and other sums of Money payable upon Merchandize Exported and Imported from the 25th of May 1641. to the 14th of July next EXP. CAP. IX Provision of Money for the speedy Disbanding the Armies and setling the Peace of the two Kingdoms of England and Scotland by raising and charging several sums of Money upon persons according to their Ranks Dignities Offices Callings Estates and Qualities therein mentioned and Commissioners to issue for levying the same EXP. CAP. X. For Regulating the Privy Councel and for taking away the Star-Chamber-Court Recital of Ma●●-Ch●rl● and several Statutes St. 3. li. 7. 1. 5 E. 3. cap. 9. VVHereas by the Great Charter many times confirmed in Parliament It is Enacted That no Fréeman shall be taken or imprisoned or disseised of his Fréehold or Liberties or Frée Customs or be Outlawed or exiled or otherwise destroyed and that the King will not pass upon him or condemn him but by lawful Iudgment of his Péers or by the Law of the Land And by another Statute made in the fifth year of the Reign of King Edward the Third It is Enacted That no man shall be attached by any accusation nor fore-judged of life or limb nor his Lands Tenements Goods nor Chattels seised into the Kings hands against the form of the Great Charter and the Law of the Land and by another Statute made in the five and twentieth year of the Reign of the same King Edward the Third 25 E. 3. cap. 4. Stat. 5. It is accorded assented and established that none shall be taken by petition or suggestion made to the King or to his Councel unless it be by Indictment or Presentment of good and lawful people of the same Neighbourhood where such Déeds be done in due manner or by Process made by Writ Original at the Common Law and that none be put out of his Franchise or Free-hold unless he be duly brought in to answer and foreiudged of the same by the course of the Law and if any thing be done against the same it shall be redressed and holden for none 28 E. 3. cap. 3. And by another Statute made in the eight and twentieth year of the reign of the same King Edward the Third It is amongst other things Enacted That no man of what Estate or condition soever he be shall be put out of his Lands or Tenements nor taken nor imprisoned nor disinherited without being brought in to answer by due process of Law And by another Statute made in the two and fortieth year of the Reign of the said King Edward the Third 42 E. 3. c. 3. It is Enacted That no man be put to answer without presentment before Iustices or matter of Record or by due process and writ original according to the Old Law of
the Land and if any thing be done to the contrary it shall be void in Law and holden for error And by another Statute made in the six and thirtieth year of the same King Edward the Third 36 E. 3. c. 15. It is amongst other things Enacted That all pleas which shall be pleaded in any Courts before any the Kings Iustices or in his other places or before any of his other Ministers or in the Courts and places of any other Lords within the Realm shall be entred and inrolled in Latine And whereas by the Statute made in the third year of King Henry the seventh 3 H. 7. cap. 1. power is given to the Chancellor the Lord Treasurer of England for the time being and the Kéeper of the Kings Privy Seal or two of them calling unto them a Bishop and a Temporal Lord of the Kings most Honourable Councel and the two Chief Iustices of the Kings Bench and Common Pleas for the time being or other two Iustices in their absence to procéed as in that Act is expressed for the punishm●●● of some particular offences therein mentioned And by the Statute made in the One and t●●ntieth year of King Henry the Eighth 21 H. 8. cap. 20 The President of the Councel is associated to joyn with the Lord Chancellor and other Iudges in the said Statute of the third of Henry the seventh mentioned But the said Iudges have not kept themselves to the points limited by the said Statute but have undertaken to punish where no Law doth warrant and to make Decrées for things having no such Authority and to inflict heavier punishments then by any Law is warranted All matters ●●●minable in 〈◊〉 Star-Chamber ma● be ●●●●●nable and 〈◊〉 ●●o by the Common Law And forasmuch as all matters examinable or determinable before the said Iudges or in the Court commonly called the Star-Chamber may have their proper remedy and redress and their due punishment and correction by the Common Law of the Land and in the Ordinary course of Iustice elswhere and forasmuch as the reasons and motives inducing the erection and continuance of that Court do now cease and the procéedings Censures and Decrées of that Court have by experience been found to be an intolerable burthen to the Subject and the means to introduce an Arbitrary Power and Government And forasmuch as the Councel-Table hath of late times assumed unto it self a power to intermeddle in Civil causes and matters only of private interest betwéen party and party and have adventured to determine of the Estates and Liberties of the Subiect contrary to the Law of the Land and the Rights and Priviledges of the Subject by which great and manifold mischiefs and inconveniencies have arisen and happened and much incertainty by means of such procéedings hath béen conceived concerning Mens Rights and Estates For setling whereof and preventing the like in time to come Be it Ordained and Enacted by the Authority of this present Parliament Court of Star-Chamber and all its powers dissolved That the said Court commonly called the Star-Chamber and all Iurisdiction Power and Authority belonging unto or exercised in the same Court or by any the Iudges Officers or Ministers thereof be from the first day of August in the year of our Lord God One thousand six hundred forty and one clearly and absolutely dissolved taken away and determined and that from the said first day of August neither the Lord Chancellor or Kéeper of the Great Seal of England the Lord Treasurer of England the Kéeper of the Kings Privy-Seal or President of the Councel nor any Bishop Temporal Lord Privy-Councellor or Iudg or Iustice whatsoever shall have any power or authority to hear examine or determine any matter or thing whatsoever in the said Court commonly called the Star-Chamber or to make pronounce or deliver any Iudgment Sentence Order or Decrée or to do any Iudicial or Ministerial Act in the said Court And that all and every Act and Acts of Parliament and all and every Article clause and sentence in them and every of them by which any Iurisdiction power or Authority is given limited or appointed unto the said Court commonly called the Star-Chamber or unto all or any the Iudges Officers or Ministers thereof or for any procéedings to be had or made in the said Court or for any matter or thing to be drawn into question examined or determined there shall for so much as concerneth the said Court of Star-Chamber and the power and authority thereby given unto it be from the said first day of August repealed and absolutely revoked and made void And be it likewise Enacted Like Iurisdiction in several other Courts repealed and taken away That the like Iurisdiction now used and exercised in the Court before the President and Councel in the Marches of Wales and also in the Court before the President and Councel established in the Northern parts And also in the Court commonly called the Court of the Dutchy of Lancaster held before the Chancellor and Councel of that Court And also in the Court of Exchequer of the County Palatine of Chester held before the Chamberlain and Councel of that Court The like Iurisdiction being exercised there shall from the said first day of August One thousand six hundred forty and one be also repealed and absolutely revoked and made void any Law prescription custome or usage Or the said Statute made in the third year of King Henry the seventh Or the Statute made the One and twentieth of Henry the Eigth Or any Act or Acts of Parliament heretofore had or made to the contrary thereof in any wise notwithstanding And that from henceforth no Court Councel No Court or Councel to have the like Iurisdiction or place of Iudicature shall be erected ordained constituted or appointed within this Realm of England or Dominion of Wales which shall have use or exercise the same or the like Iurisdiction as is or hath béen used practised or exercised in the said Court of Star-Chamber Be it likewise declared and Enacted by Authority of this present Parliament The King nor his privy Councel shall have no Iurisdiction over any mans estate That neither his Majesty nor his Privy-Councel have or ought to have any Iurisdiction power or authority by English Bill Petition Articles Libel or any other Arbitrary way whatsoever to examine or draw into question determine or dispose of the Lands Tenements Hereditaments Goods or Chattels of any the Subjects of this Kingdome But that the same ought to be tryed and determined in the ordinary Courts of Iustice and by the ordinary course of the Law And be it further provided and Enacted That if any Lord Chancellor Penalties upon great Officers and others for the first offence or Kéeper of the Great Seal of England Lord Treasurer Kéeper of the Kings Privy Seal President of the Councel Bishop Temporal Lord Privy Councellor Iudg or Iustice whatsoever shall offend or do
by which the Meets Meers Limits or Bounds of the said Forrests or any of them are or are pretended to be further extended then as aforesaid And also all and every Presentment of any person or persons at any Iustice seat Swainemote or Court of Attachments for or by reason or by colour of any Act or Acts whatsoever done or committed in any place without or beyond the said Méets Méers Limits or Bounds respectively so commonly known reputed used or taken as aforesaid and all and every Fine and Fines and amerciament and amerciaments upon by reason or colour of any such Presentment or Presentments shall from henceforth be adjudged déemed and taken to be utterly void and of no force or effect any Law Statute Record or pretence whatsoever to the contrary notwithstanding And be it further Enacted by the Authority aforesaid No place where no Iustice seat Swainemote cour● or attachment c. hath been within 〈◊〉 yeares shall be accompted Forrest That no place or places within this Realm of England or Dominion of Wales where no such Iustice seat Swainemote or Court of Attachment have been held or kept or where no Verderers have been chosen or regard made within the space of sixty years next before the first year of his Majesties Reign that now is shall be at any time hereafter judged déemed or taken to be Forrest or within the Bounds or Meets of the Forrests But the same shall be from thenceforth for ever hereafter De-afforrested and freed and exempted from the Forrests Laws Any Iustice-seat Swainemote or Court of Attachment held or kept within or for any such place or places at any time or times since the beginning of His Majesties said Reign or any presentment enquiry Act or thing heretofore made or hereafter to be made or done to the contrary notwithstanding Provided also and be it further Enacted by the Authority aforesaid For ascertaining of Meets c. Commissions shall be issued That for the better putting into certainty all and every the Meets Meers Bounds and Limits of all and every the Forrests as aforesaid The Lord-Chancellour or Lord-Keeper of the Great Seal of England for the time being shall by vertue of this Act upon request of any of the Peers of this Kingdome or of the Knights and Burgesses of the Parliament or any of them grant severall Commissions under the Great Seal of England to Commissioners to be nominated respectively by the said Péers Knights and Burgesses or any of them to enquire of and find out by Inquests of good and lawful men upon Oath and by the Oaths of Witnesses to be produced at the said Inquests and by all other lawful means all and every the Méers Méets Bounds and Limits of the Forrests respectively which were commonly known to be their Méers Meets Bounds and Limits respectively in the said twentieth year of the Reign of our late Soveraign Lord King James And to return the Inquests so taken into the Court of Chancery and that all and every the Sheriffs and Bailiffs of and in every County wherein any such Inquests shall be so to be taken And all and every the Verderers Forresters Rangers and other Officers of the Forrests respectively where any such Officers be shall be assistant and attendant to the execution of the said Commissions according as by vertue of the said Commissions respectively they shall be commanded And where no such Officers are or where such Officers be if they or any of them shall refuse or neglect such assistance and attendance as aforesaid Then the said Commissioners shall and may procéed without them in the execution of the said Commissions Forrests shall not extend beyond the meets c. so returned And be it further Enacted by the Authority aforesaid That the Forrests whereof the Méets Méers Limits and Bounds be so returned and certified by vertue of any the said Commissions as aforesaid from thenceforth shall not extend nor be extended nor be déemed adjudged or taken to extend any further in any wise then the Méets Méers Limits and Bounds that shall be so returned and certified And that all the places and Territories that shall be without the Méets Méers Limits and Bounds so returned and certified shall be and are hereby declared to be from thenceforth free to all intents and purposes as if the same had never béen Forrest or so reputed Any Act or Acts matter or thing whatsoever to the contrary thereof notwithstanding Grounds deafforrested shall be excluded Provided and be it further Enacted by Authority aforesaid That all and every the grounds Territories or places which have béen or are De-afforrested or mentioned to be De-afforrested in or by any Letters Patents Charters or otherwise since the said twentieth year of the Reign of our said late Soveraign Lord King James shall be excluded and left out of the Méets Méers Limits and Bounds of the Forrests which are to be enquired of returned and certified by vertue of the said Commissions or any of them respectively And shall be and hereby are declared and Enacted to be utterly De-afforrested frée and exempt to all intents and purposes as if the same had never béen at all Forrest or so reputed Any thing in this present Act contained or any other Act matter or thing whatsoever to the contrary in any wise notwithstanding Tenants Owners c. of lands excluded shall enjoy their ancient commission c. Provided nevertheless and be it Enacted That the Tenants Owners and Occupiers and every of them of Lands and Tenements which shall be excluded and left out of the Méets Méers Limits or Bounds of the Forrests to be returned and certified by vertue of any the said Commissions shall or may use and enjoy such Common and other profits and easements within the Forrest as anciently or accustomably they have used and enjoyed Any thing in this present Act contained or any Act or Ordinance made in the thrée and thirtieth year of King Edward the first or any Custome or Law of the Forrest or any other matter or thing to the contrary thereof notwithstanding CAP. XVII Scotland A confirmation of the Treaty of Pacification between England and Scotland with the Commissions and Articles thereupon EXP. CAP. XVIII For securing by publick Faith the remainder of the friendly assistance and relief promised to those of Scotland Scotland EXP. CAP. XIX The Office of Clerk the Market allowed and regulated for the reformation of Weights and Measures Grievances by Clerks of the Market and anequality in weights and measures FOrasmuch as the undue execution of the Office of Clerk of the Market hath béen very grievous unto divers of his Majesties most loving Subjects who have béen much troubled by unnecessary Summons and charged with exactions of divers sums of Money by colour of the said Office and in regard the said evils have partly arisen by means of an inequality of Weights and Measures throughout this Kingdom● and by granting
St. 13. Car. 2. cap. 3. An Act to restrain all persons from Marriage until their former Wives and former Husbands be dead And also except all Offences of Invocations Conjurations Witchcrafts Sorceries Inchantments and Charms and all Offences of procuring abetting or comforting of the same and all persons now attainted or convicted of any of the said excepted Offences And also excepted all and singular the accompts of all and every person and persons appointed by any of the Authorities or pretended Authorities aforesaid to be Treasurer Receiver Fermor or Collector other then the Sub-collectors of the several Parishes Towns and Hamlets respectively for and concerning their Receipts before the four and twentieth day of Iune in the year of our Lord one thousand six hundred fifty nine who have received or collected any Subsidy Custom Subsidy of Tonnage and Poundage Prize-Goods Assessments Sequestration New Impost or Excise or of any the Rents and Revenues of any Lands or Hereditaments of or belonging unto the late King Quéen or Prince or King that now is or belonging unto the late Arch-Bishopricks Bishopricks Deans or Deans and Chapters Canons Prebends and other Officers belonging to any Cathedral or Collegiate Church or Popish Recusants convict or of persons Sequestred for their Recusancy or other Sequestred Estates received or collected by or paid unto them since the thirtieth of January in the year of our Lord One thousand six hundred fourty two and of all Monies and other Duties grown due or contracted upon the Sale or Disposition of them or any of them Proviso for the Heirs and Lands of Accomptants excepted Provided That the Heirs Executors Administrators or ter-Ter-tenants of the Lands of any Accomptant within this Exception now deceased shall not be charged with nor lyable unto any accompt for the matters in this Exception mentioned Except for such sum or sums of Money as remain due upon any of their accompts already Stated and Determined and are not yet paid in and that no Accomptant as abovesaid now living shall be liable to make accompt of any sum or sums of Money paid or disbursed or otherwise allowed or discharged by vertue or colour of any Order or Ordinance of both or either House or Houses of Parliament or any Convention or Assembly called or Reputed or taking on them the name of a Parliament or of Oliver Cromwel pretended Protector or of Richard his Son while he continued or was stiled or obeyed as Protector or by any persons acting as a Committée appointed by the said two Houses or either of them or by any such Convention or Assembly or any Order or Direction of such Committée or Committées or any person or persons acting as a publick Council though having no legal authority so to do or by their or any their Order or Orders or Direction Fees and Salaries c. not to be accompted for It being further Declared and Enacted And it is Enacted by the Authority aforesaid That no person or persons shall be charged for any Moneys by him received for the Fées Salaries and Wages then allowed or for Moneys by him disbursed upon any publick use or pretence though the Direction or Authority whereby the same Money was issued was not or be not Legal and Warrantable in Law Military payments not to be accompted for And be it further provided That no Military or commissioned Officer of the Armies or Navies or Souldier or Marriner who before the twenty fifth of March one thousand six hundred fifty nine hath received any Moneys for his own pay or the pay of other Souldiers or for any other Contingencies of the Souldiers or Garrisons under his command or by way of reward shall be called to accompt therefore No person to be called to an accompt after the 24 of Iune 1662. And that no person whatsoever shall be called to accompt for any the matters in this Exception mentioned after the four and twentieth day of Iune which shall be in the year of our Lord God one thousand six hundred sixty and two next ensuing And that in case any person who stands accomptable for any Moneys received since the first of Ianuary one thousand six hundred forty two and before the thirtieth of Ianuary one thousand six hundred forty eight have béen-robb'd or plundered by Souldiers or others of the Moneys in their hands or any Notes or Books of Receipt or Acquitances touching their payments or discharge Then the Oath or Oaths of such party or parties of the same respectively shall be a good discharge for so much of their accompt And that the Oath of every Accomptant in or betwéen the years one thousand six hundred forty two and one thousand six hundred forty eight of what they have paid to any publick use by or according to any publick or pretended Order or Authority whatsoever shall be a good discharge as to so much of the accompt of such person or persons And except all First-fruits and Tenths in the hands of any Receiver not having disbursed Discharges and quietus est given in the Exchequer Accompts of the Revenues of Churches in Wales Bribery Subornation Forging Debentures c. Witnesses as in the last Exception is expressed Provided That all and every Iudgment of Discharge or Quietus est had or given at any time upon any accompt in the publick Exchequer since the year One thousand six hundred forty eight be allowed and shall not be avoided except all accompts of the Revenues of Churches and Vicaridges in Wales and the County of Monmouth and all Iudgments of Discharge or Quietus thereupon obtained And also Excepted out of this Pardon all offences of Bribery Perjuries and the Subornation of Perjury or Witnesses and Offences of Forging or Counterfeiting any Déeds Debentures Bills of publick Faith Escripts Wills or other Writings whatsoever or of any Examinations or Testimonies of any Witness or Witnesses tending to bring any person or persons in danger of his Life Liberty or Estate and the giving the same in evidence and the compelling or procuring of any such counterfeiting or forging to be had or made Imbezeling and purloyning the Kings goods And also excepted all offences in detaining imbezeling or purloining any the Goods Money Chattels or Iewels of the late King Quéen or Prince or any of the Children of the late King and Quéen other then Shipping Stores and Ammunitions of War and other then such Goods and Chattels as have béen sold or disposed of to any of the Servants or Creditors of his late Majesty in or toward satisfaction of their debts or wages Issues fines and amerciaments Received by Sheriffs And also excepted out of this pardon all Issues Fines and Amerciaments Rents and other publick Duties being Levied Received or Collected by any Sheriff Vnder-Sheriff Bayliff Minister or other Officer to or for the use of the late King the Parliament or the said Kéepers of the Liberty of England or any other person stiling himself Protector or for
and their heirs shall accompt for and be responsible for all Rents and Profits of the premisses which came to their hands and have not béen by the said Trustées or their Order disbursed disposed or imployed for the maintenance of Ministers or other uses according to the said pretended Act or Ordinance or some other Act Order or Ordinance made in the year of our Lord one thousand six hundred fifty one thousand six hundred fifty four and one thousand six hundred fifty six by any assembly called or reputed a Parliament or assuming the power of a Parliament according to the intention of such Act Acts or Ordinances And the Agents and Receivers under the Order of the said Trustées and the Occupiers and Tenants of the Premisses who have taken the premisses or profits thereof into their hands without agréement to pay Rent therefore and have made no accompt or satisfaction to the Trustes aforesaid or to some other by their Order and also the persons who have held the same or taken the profits thereof under any agréement to pay Rent or Money for the same and have not paid the same shall respectively accompt pay and make satisfaction for so much of the premisses and profits of the premisses as are unsatisfied or unaccounted for as aforesaid and pay such Arrearages of Rents or Money as by such agréement remaineth unpaid by them all which payments and accompts shall be made to such persons and in such manner as in Parliament shall be directed Nevertheless it is not hereby intended that any Minister Schoolmaster or other person for whose benefit and maintenance the said pretended Acts or Ordinances were made shall be accomptable or lyable to make satisfaction for any Profits Rents or Sums of money paid to or taken by them respectively by vertue or colour of any Order or Appointment of the said Trustées or any of them or otherwise Bonds taken in his Majesties name before May 1642. for securities of any his Majesties Receivers not pardoned c. Provided also That this Act do not extend to pardon any Bond taken in his late Majesties Name before the month of May one thousand six hundred forty two for securing the proper Debt of any Servant or Receiver of the Revenue of his said late Majesty that hath not béen paid to or by order of some Lawful or Pretended authority And whereas by an Order of the Six and twentieth day of May in the year One thausand six hundred forty one the then House of Commons in Parliament did accept the sum of One hundred and fifty thousand pounds as a Composition from the Farmers of several Customs voted to be illegally taken and some of the said Farmers did procure and pay the said whole sum of One hundred and fifty thousand pounds at the desire of the said House of Commons and upon their Declaration That such of the said Farmers as did not pay their Proportions should not be pardoned but proceeded against and out of their Fines satisfaction should be made to those who had paid the said One hundred and fifty thousand pounds and in pursuance thereof did on the First of June then next following Resolve That the Estates of such persons living or dead as have by colour of any Patent received monies from the Subject under pretence of such Customs or have béen under-Sharers with the Patentées ought to be made liable to restitution Payments upon proportions of 150000 l. upon the customes It is therefore Provided That this Act shall not extend nor be construed to extend to Pardon or Indempnifie any person or persons their Heirs Executors Administrators or Assigns who have not paid their Proportions of the said One hundred and fifty thousand pounds or ought to have béen contributory thereunto from or against misdemeanors or offences relating to the said Customes or from payment of their Proportions But that the Estates of the dead as well as of the living of such who ought to have béen contributory in whose possession soever Purchasers Bona fide and upon valuable Considerations only excepted shall Continue and be charged and chargeable with the payment of their Proportions to all intents and purposes as if this Act had not béen made any thing herein contained to the contrary notwithstanding Provided also That this Act or any thing therein contained shall not extend or be construed to pardon or discharge any sum or sums of money due and Arrear for Excise of Béer Ale Arrears of Excise upon Beer and Ale or other Native or Inland Commodity since the twenty fourth day of June One thousand six hundred fifty and nine Provided also That nothing in this Act contained shall extend to the pardoning Monies due for free quarter or discharging of any sum or sums of money due from any Officers or Souldiers to any of the Subjects of this Kingdom for frée-quarter since the second day of July One thousand six hundred fifty and nine or to discharge any monies borrowed by any Officers for preventing of frée-quarter Provided alwayes And be it Enacted by the Authority aforesaid That no Conveyance Purchasers bona fide of Lands other then the Kings c. to enjoy their purchases Assurance Grant Bargain Sale Charge Lease Assignment of Lease Grants and Surrenders by Copy of Court-Roll Estate Interest Trust or Limitation of any Vse or Vses of any Manors Lands Tenements or Hereditaments not being the Lands nor Hereditaments of the late King Quéen Prince or of any Archbishops Bishops Deans Deans or Chapters nor being Lands or Hereditaments sold or given or appointed to be sold or given for the Delinquency or pretended delinquency of any person or persons whatsoever by vertue or pretext of any Act Order or Ordinance or reputed Act Order or Ordinance since the first day of January One thousand six hundred forty and one Nor any Statute Iudgment or Recognizance had made acknowledged or suffered to any person or persons Bodies Politick or Corporate before the Nine and twentieth day of September One thousand six hundred fifty and Nine By any of the persons before in this Act by name excepted or their Heirs or by any other person or persons claiming by from or under them or any of them other then the Wife or Wifes child children heir and heirs of such person and persons or any of them for money bona fide to them or any of them paid or lent nor any conveyance assurance grant or estate made before the Five and twentieth day of April One thousand six hundred and sixty By any person or persons to any such person excepted by Name as aforesaid in trust and for the benefit of any other person or persons Bodies Politick or Corporate not excepted by name as aforesaid shall be impeached defeated made void or frustrated hereby or by the attainder or conviction of any such excepted person or persons but that the same shall be held and enjoyed by the Purchasers Grantées Lessées Assigns Cestuy
two or more credible witnesses in such manner and from time to time as he shall respectively think fit to dispose of the custody and tuition of such child or children for and during such time as he or they shall respectively remain under the age of 21 years or any lesser time to any person or persons in possession or remainder other then Popish Recusants And that such disposition of the custody of such child or children made since the 24th of February Actions of ravishment of wards 1645. or hereafter to be made shall be good and effectual against all and every person or persons claiming the custody or tuition of such child or children as Guardian in soccage or otherwise And that such person or persons to whom the custody of such child or children hath béen or shall be so disposed or devised as aforesaid shall and may maintain an action of Ravishment of Ward or Trespass against any person or persons which shall wrongfully take away or detain such child or children for the recovery of such child or children and shall and may recover damages for the same in the said Action for the use and benefit of such child or children And be it further Enacted The sands of children and the management of their personal estate by their guardians That such Person or Persons to whom the custody of such Child or Children hath béen or shall be so disposed or devised shall and may take into his or their custody to the use of such Child or Children the profits of all Lands Tenements and Hereditaments of such Child or Children and also the custody tuition and management of the Goods Chattels and personal Estate of such Child or Children till their respective Age of 21 years or any lesser time according to such disposition aforesaid and may bring such Action or Actions in relation thereunto as by Law a Guardian in common soccage might do Provided also That this Act or any thing therein contained shall not extend to alter or preiudice the custom of the City of London nor of any other City or Town Corporate or of the Town of Berwick on Tweed concerning Orphants nor to discharge any Apprentice from his Apprenticeship Provided also That neither this Act nor any thing therein contained Proviso touching Titles of honour feodal shall infringe or hurt any Title of Honour Feodal or other by which any person hath or may have right to sit in the Lords House of Parliament as to his or their Title of Honour or sitting in Parliament and the priviledge belonging to them as Péers This Act or any thing therein contained to the contrary in any wise notwithstanding And whereas by like experience it hath béen found Purveyances and provisions for the Kings house-hold taken away Alt. St. 13 Car. 2. cap. 7. that though divers good strict and wholesome Laws have béen made in the times of sundry his Majesties most noble Progenitors some extending so far as to life for Redress of the grievances and oppressions committed by the persons imployed for making provisions for the Kings houshold Carriages and other purveyance for his Majesty and his occasions Yet divers oppressions have béen still continued and several Counties have submitted themselves to sundry Rates and Taxes and Compositions to redéem themselves from such vexations and oppressions And forasmuch as the Lords and Commons assembled in Parliament do find that the said Remedies are not fully effectual and that no other remedy will be so effectual and just as to take away the occasion thereof especially if satisfaction and recompence shall be therefore made to his Maiesty his Heirs and Successors which is hereby provided to his Majesties good liking and content His Majesty is graciously pleased That it may be Enacted And be it Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords and Commons in this present Parliament assembled That from henceforth no sum or sums of Money or other thing shall be taken raised tared rated imposed paid or levied for or in regard of any provision Carriages or purveyance for his Majesty His Heirs or Successors Purveyances for the King Queen c. And that henceforth no person or persons by any Warrant Commission or Authority under the Great Seal or otherwise by colour of buying or making provision or purveyance for his Majesty or any Quéen of England for the time being or of any the Children of any King or Quéen of England for the time being Timber Carts Carriages c. taken away or that shall be or for his their or any of their Houshold shall take any Timber Fewel Cattel Corn Grain Mault Hay Straw Victual Cart Carriage or other thing whatsoever of any the Subjects of His Majesty His Heirs or Successors without the free and full consent of the Owner or Owners thereof had and obtained without menace or enforcement nor shall summon warn take use or require any the said Subjects to furnish or find any Horses Oxen or other Cattel Carts Ploughs Wains or other Carriages for the use of His Majesty His Heirs or Successors or of any Quéen of England or of any Child or Children of any the Kings or Quéens of England for the time being for the carrying the Goods of His Majesty His Heirs or Successors or the said Quéens or Children or any of them without such full and frée consent as aforesaid any Law Statute Custom or Vsage to the contrary notwithstanding No pre-emption to be allowed or claimed in behalf of the King c. And be it further Enacted That no pre-emption shall be allowed or claimed in the behalf of His Majesty or of any His Heirs or Successors or of any the Quéens of England or of any the Children of the Royal Family for the time being in Market or out of Market but that it be for ever hereafter frée to all and every of the Subjects of His Majesty to sell dispose or employ his said Goods to any other person or persons as himself listeth any pretence of making provision or purveyance of Victual Carriages or other thing for his Majesty His Heirs or Successors or of the said Quéens or Children or any pretence of pre-emption in their or any of their behalfs notwithstanding And if any person or persons shall make provision or purveyance for His Majesty His Heirs or Successors The Penalty or any the Quéens or Children aforesaid or impress or take any such Carriages or other things aforesaid on any pretence or colour of any Warrant aforesaid under the Great Seal or otherwise contrary to the intent hereof it shall be be lawful for the Iustices of Peace or such two or one of them as dwell near and to the Constables of such parish or Village where such occasion shall happen at the request of the party grieved And they are hereby enioyned to commit or cause to be committed the party or parties so doing and
That all and every the Goods Debts and other the Chattels personal whatsoever of them the said Oliver Cromwell Henry Ireton John Bradshaw Thomas Pride whereof at the time of their respective deaths they or any of them or any other in trust for them or any of them stood possessed in Law or Equity All their goods personal estate forfeited vested in his Majesty and all the Goods Debts and other the Chattels personal whatsoever of them the said John Lisle William Say Valentine Wauton Edward Whalley John Barkstead Edmond Ludlow Sir Michael Livesey John Okey John Hewson William Goffe Cornelius Holland Thomas Challoner William Cawley Miles Corbet Nicholas Love John Dixwell Andrew Broughton Edward Dendy Thomas Harrison Adrian Scroop John Carew John Jones Thomas Scot Gregory Clement Hugh Peters Francis Hacker John Cook Daniel Axtel Sir Hardress Waller William Heveningham Isaac Penington Henry Martin Gilbert Millington Robert Titchbourn Owen Row Robert Lilburn Henry Smith Edmond Harvey John Downs Vincent Potter Augustine Garland George Fleetwood Simon Meyne James Temple Peter Temple Thomas Wayte Whereof they were possest or any for them 11 Feb. 1659. whereof upon the eleventh day of February One thousand six hundred fifty nine they or any of them or any other in trust for them or any of them stood possessed either in Law or Equity shall be déemed and adjudged to be forfeited unto and are hereby vested and put into the actual and real possession of Your Majesty without any further Office or Inquisition thereof hereafter to be taken or found Provided alwayes and be it Enacted by the Authority aforesaid That no Conveyance Proviso for conveyances by any of the offenders Assurance Grant Bargain Sale Charge Lease Assignment of Lease Grants and Surrenders by Copy of Court-Roll Estate Interest Trust or limitation of any Vse or Vses of or out of any Manors Lands Tenements or Hereditaments not being the Lands nor Hereditaments of the late King Quéen or Prince or of any Arch-bishops Bishops Deans Deans and Chapters nor being Lands or Hereditaments sold or given for the Delinquency or pretended Delinquency of any person or persons whatsoever by vertue or pretext of any Act Order Ordinance or reputed Act Order or Ordinance since the first day of January One thousand six hundred forty one nor any Statute Statutes Iudgments c. before the 9th of Sept. 1659. Iudgment or Recognizance had made acknowledged or suffered to any person or persons Bodies Politick or Corporate before the twenty ninth day of September One thousand six hundred fifty nine by any of the Offenders before in this Act mentioned or their Heirs or by any other person or persons claiming by from or under them or any of them other then the wife or wives For money bona fide lent c. Conveyances in trust made before the ●● of April 166● to any the said Offenders child or children heir or heirs of such person or persons or any of them for money bona fide to them or any of them paid or lent nor any Conveyance Assurance Grant or Estate made before the twenty fifth of April One thousand six hundred and sixty by any person or persons to any of the Offenders aforesaid in Trust and for the benefit of any other person or persons not being any of the offenders aforesaid or in trust for any Bodies Politick or Corporate shall be impeached defeated made void or frustrated hereby or by any of the Convictions and Attainders aforesaid but that the same shall be held and enioyed by the Purchasers Grantées Lessées Assigns Cestuy 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 Offenders had not béen by this Act or by any other course or procéedings of Law convicted or attainted so as the said Conveyances Such conveyances to be enrolled in the Court of Exchequer before the first of Ian. 1662. and all and every the Grants and Assurances which by vertue of this Act are and ought to be held and enjoyed as aforesaid shall before the first of January which shall be in the year of our Lord One thousand six hundred sixty two be entred and enrolled of Record in His Majesties Court of Exchequer and not otherwise Any thing in this Act herein before contained to the contrary in any wise notwithstanding Proviso for the Marquess of Worcester c. Provided alwayes and be it Enacted by the Authority aforesaid That all and singular the Manors Lands Tenements and Hereditaments which at any time heretofore were the Lands and possessions of Henry late Marquess of Worcester and Edward now Marquess of Worcester and Henry Lord Herbert Son and Heir apparent of the said Edward Marquess of Worcester or any of them whereof or wherein the said Oliver Cromwell or any other person or persons in trust for him or to his use or any other the persons attainted by this Act or otherwise or any person or persons in trust for them or any of them had or claimed or pretended to have any Estate Right Title Possession or Interest at any time before or since the decease of the said Oliver Cromwell shall be and hereby are vested and setled in and shall be held and enjoyed by the said Marquess of Worcester and the said Henry Lord Herbert in such manner and form and for such Estate and Estates with such powers and priviledges as they formerly had in the same respectively Any thing in this present Act contained or any Act Conveyance or Assurance heretofore made or acknowledged by the said Edward Marquess of Worcester and Henry Lord Herbert or either of them unto the said Oliver Cromwell or any other person or persons in trust for or to the use of the said Oliver Cromwell or any Act or Conveyance made or done by the said Oliver Cromwell or by any in trust for him to any person whatsoever to the contrary notwithstanding Saving alwayes to all and every person and persons Saving Bodies Politick and others their respective Heirs Successors Executors and Administrators all such Right Title and Interest in Law and Equity which they or any of them have or ought to have of into or out of any the Premisses not being in trust for any the said Offenders nor derived by from or under the said Offenders since the twenty fifth day of March which was in the year of our Lord One thousand six hundred forty six And that they the said person and persons Bodies Politick and other their respective Heirs Successors Executors and Administrators and every of them in all and every such case where his and their Entry was lawful upon such Offender or Offenders or the Heirs or Assigns of such Offender or Offenders in or upon the said twenty fifth day of March one thousand six hundred forty and six or at any time since may without Petition Monstrans
to have the full force and strength of Acts of Parliament according to the tenor and purport thereof and so shall be adjudged déemed and taken to all intents and purposes whatsoever and as if the same had béen Made Declared and Enacted by Authority of this present Parliament CAP. XV. The Pains Penalties and Forfeitures Imposed upon the Estates and Persons of certain notorious Offenders excepted out of the Act of Free and General Pardon Indempnity and Oblivion St. 12 Car. 2. cap. 11. The Lands and Tenements of the persons deceased not discharged by the Act of General Pardon VVHereas in a certain Act passed in the late assembly held at Westminster in the Twelfth year of His Majesties Reign and confirmed by the Authority of this present Parliament Entituled An Act of Free and General Pardon Indempnity and Oblivion amongst other things it is provided that nothing therein contained should extend to discharge the Lands Tenements Goods Chattels Rights Trusts and other the Hereditaments late of Isaac Ewer deceased Sir John Danvers deceased Sir Thomas Maleverer Baronet deceased William Purefoy deceased John Blakiston deceased Sir William Constable Baronet deceased Richard Dean deceased Francis Aleyn deceased Peregrin Pelham deceased John Moore deceased John Aldred alias Alured deceased Humphrey Edwards deceased Sir Gregory Norton Baronet deceased John Venn deceased Thomas Andrews Alderman deceased Anthony Stapley deceased Thomas Horton deceased John Fry deceased Thomas Hammond deceased and Sir John Bourchier deceased of and from such pains penalties and forfeitures as by one other Act of Parliament intended to be afterwards passed for that purpose should be expressed and declared All which persons before mentioned were whilst they lived notoriously known to have béen wicked and active Instruments in the prosecution and compassing of that horrid and Execrable Treason the Murther of our late Soveraign Lord King CHARLES the First of ever blessed memory And whereas William Lord Mounson James Challoner Sir Henry Mildmay Sir James Harrington John Phelps and Robert Wallop who in the moneth of January One thousand six hundred forty eight did act and fit in that Traiterous Assembly which procéeded against the Person and Life of our said late Soveraign Lord King CHARLES the First and Sir Arthur Haslerig who in his life did commit many horrid and Traiterous Crimes against the Person Crown and Dignity of his late Majesty of glorious memory and his Majesty that now is are all of them excepted out of the said Act and reserved to future Pains Penalties and Forfeitures not extending to life since the passing of which Act so as aforesaid confirmed Sir Arthur Haslerig and James Challoner died and no Act hath yet passed for the inflicting of due Pains Penalties and Forfeitures upon the Persons and Estates of the Offenders aforesaid We therefore the Lords and Commons in Parliament assembed do beséech your Majesty That it may be enacted And be it Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords and Commons in this present Parliament assembled The Mannors Lands c. of the persons named and by authority of the same That all and every the Mannors Messuages Lands Tenements Rents Reversions Remainders Possessions Rights Conditions Interests Offices Fées Annuities and all other the Hereditaments Leases for years Chattels Real and other things of what nature soever they be of them the said Isaac Ewer Sir John Danvers Sir Thomas Maleverer William Purefoy John Blakiston Sir William Constable Richard Dean Francis Aleyn Peregrin Pelham John Moore John Aldred alias Alured Humphrey Edward Sir Gregory Norton John Venn Thomas Andrews Of which they were seised the 20th of March 1646. or since forfeited and vested in his Majesty The goods debts Chattels of which the persons named were possessed at the time of their death forfeited to his Majesty The goods c. of which William Lord Mounson Sir Hen. Mildmay Sir James Harrington John Phelps and Rob. Wallop were possessed the 11. of Feb. 1659. forfeited and vested in his Majesty Anthony Stapley Thomas Horton John Fry Thomas Hammond Sir John Bourchier William Lord Mounson James Challoner Sir Henry Mildmay Sir James Harrington John Phelps Robert Wallop and Sir Arthur Haslerig which they or any of them or any other person or persons to their or any of their uses or in trust for them or any of them had the five and twentieth day of March in the year of our Lord One thousand six hundred forty and six or at any time since shall stand and be forfeited unto your Majesty your Heirs and Successors and shall be déemed vested and adjudged to be in the actual and real possession of Your Majesty without any Office or Inquisition thereof hereafter to be taken or found And also that all and every the Goods Debts and other the Chattels personal whatsoever of them the said Isaac Ewer Sir John Danvers Sir Thomas Maleverer William Purefoy John Blakiston Sir William Constable Richard Dean Francis Aleyn Peregrin Pelham John Moore John Aldred alias Alured Humphrey Edwards Sir Gregory Norton John Venn Thomas Andrews Anthony Stapley Thomas Horton John Fry Thomas Hammond Sir John Bourchier James Challoner and Sir Arthur Haslerig whereof they or any of them at the time of their respective deaths or any other in Trust for them or any of them stood possessed or interessed in Law or Equity and all the Goods Debts and other the Chattels personal whatsoever of them the said William Lord Mounson Sir Henry Mildmay Sir James Harrington John Phelps Robert Wallop whereof upon the eleventh day of February in the year of our Lord One thousand six hundred fifty and nine they or any of them or any other in trust for them or any of them stood possessed either in Law or Equity shall be déemed and adjudged to be forfeited and are hereby vested and put into the actual and real possession of your Majesty without any further Office or Inquisition thereof hereafter to be taken or found Provided alwayes and be it Enacted by the Authority aforesaid That no Conveyance Assurance Grant Bargain Sale Charge Lease Assignment of Lease Grants Proviso for conveyances and assurances c. made bona fide before the 29. of September and Surrenders by Copy of Court-Roll Estate Interest Trust or Limitation of any use or uses of or out of any Mannors Lands Tenements or Hereditaments not being the Lands nor Hereditaments of the late King Quéen or Prince or of any Archbishops Bishops Deans Deans and Chapters nor being Lands or Hereditaments sold or given for the Delinquency or pretended Delinquency of any person or persons whatsoever by vertue or pretext of some Act Order Ordinance or reputed Act Order or Ordinance since the First day of January one thousand six hundred forty and one nor any Statute Iudgment or Recognizance had made acknowledged or suffered to any person or persons Bodies politick or Corporate before the Nine and Twentieth day of September one thousand
Right of His Majesty and His Royal Predecessors Kings and Quéens of England and that both or either of the Houses of Parliament cannot nor ought to pretend to the same nor can nor lawfully may raise or levy any War Offensive or Defensive against His Majesty His Heirs or lawfull Successors and yet the contrary thereof hath of late years béen practised almost to the ruine and destruction of this Kingdom and during the late usurped Governments many evil and rebellious principles have béen instilled into the minds of the people of this Kingdom which may break forth unless prevented to the disturbance of the peace and quiet thereof His Majesty may issue out Commissions of Lieutenancy to such persons as he shall think fit for the several counties cities c. The power of the said Lieutenants 25 Car. 2. cap. 4. Stat. 3. Be it therefore Declared and Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in Parliament Assembled and by the Authority of the same That the Kings most Excellent Majesty his Heirs and Successors shall and may from time to time as occasion shall require issue forth several Commissions of Lieutenancy to such persons as his Majesty his Heirs and Successors shall think fit to be his Majesties Lieutenants for the several and respective Counties Cities and places of England and Dominion of Wales and Town of Berwick upon Tweed which Lieutenants shall have full power and authority to call together all such persons at such times and to arm and aray them in such manner as is hereafter expressed and declared and to form them into Companies Troops and Regiments and in case of Insurrection Rebellion or Invasion them to lead conduct and imploy or cause to be led conducted and imployed as well within the said several Counties Cities and places for which they shall be Commissionated respectively as also into any other the Counties and Places aforesaid for suppressing of all such Insurrections and Rebellions and repelling of Invasions as may happen to be according as they shall from time to time receive directions from His Majesty His Heirs and Successors And that the said respective Lieutenants shall have full Power and Authority from time to time to constitute appoint and give Commissions to such persons as they shall think fit to be Colonels Majors Captains The Deputy-Lieutenants to be named to and approved of by his Majesty and other Commission-Officers of the said persons so to be armed arrayed and weaponed and to present to His Majesty His Heirs and Successors the names of such person and persons as they shall think fit to be Deputy-Lieutenants and upon His Maiesties approbation of them shall give them Deputations accordingly always understood That His Maiesty His Heirs and Successors have power and authority to direct and order otherwise and accordingly at his and their pleasure may appoint and commissionate or displace such Officers Any thing in this Act to the contrary notwithstanding And that the said Lieutenants respectively and in their absence out of the Precincts and Limits of their respective Lieutenancies or otherwise by their directions the said Deputy-Lieutenants The power of the Deputy-Lieutenants during their said respective Deputations or any two or more of them shall have power from time to time to train exercise and put in readiness and also to lead and conduct the persons so to be armed arrayed and weaponed by the directions and to the intents and purposes as is hereafter expressed and declared And for the providing Horse and Arms and Furniture thereunto belonging for the Arming and Weaponing the persons aforesaid and also for the defraying and paying the necessary charges thereunto belonging in manner as hereafter followeth Be it further Enacted The manner of charging and providing Horse and Arms c. That the said respective Lieutenants within the several Counties Cities and Places for which they are nominated respectively and their Deputies or the major part of such Lieutenants and Deputy-Lieutenants then present or in the absence of the Lieutenant or Lieutenants the major part of the Deputy-Lieutenants then present which major part shall be thrée at the least have hereby full Power and Authority to charge any person with Horse Horse-man and Arms or with Foot-Souldier and Arms in the same County Shire City Burrough or Town-Corporate where his her or their Estates lye having respect unto and not excéeding the limitations and proportions hereafter mentioned that is to say No person shall be charged with finding a Horse Horse-man and Arms unless such person or persons have a Revenue of Five hundred pounds by the year in possession or have an Estate of Six thousand pounds in Goods or Money besides the Furniture of his or their Houses and so proportionably for a greater Estate in Lands in possession or Goods as the respective Lieutenants and their Deputies as aforesaid in their discretions shall sée cause and think reasonable And they are not to charge any person with finding a Foot-Souldier and Arms that hath not a yearly Revenue of Fifty pounds in possession or a personal Estate of Six hundred pounds in Goods or Moneys other then the stock upon the ground and after the aforesaid rate proportionably for a greater or lesser Revenue or Estate Nor shall they charge any person with the finding both of Horse and Foot in the same County Provided That no person chargeable by this Act to find an Horse and Horse-man with Arms No person charged with or towards an Horse may be charged also towards foot-arms or to be contributory towards finding an Horse and Horse-man with Arms shall for the same Estate be chargeable towards finding a Foot-Souldier with Arms or contributory thereunto And it shall be lawful to and for the respective Lieutenants and Deputies or any thrée or more of them as aforesaid to impose the finding and providing of Horse Horse-man and Arms as aforesaid by joyning two or thrée or more persons together in the Charge as to their Iudgment shall appear most conducible to the service of this Kingdome Provided That no person that hath not One hundred pounds per annum in possession in Lands What persons and Estate only chargeable towards finding Horse-arms Lieutenants and Deputies may hear and determine matters relating to this Act. Tenements or Hereditaments Lease-hold or Copy-hold or Twelve hundred pounds personal Estate shall be compellable to contribute in finding any Horse and Horse-man with Arms And the said respective Lieutenants and Deputies or any thrée or more of them shall have power to hear Complaints and examine Witnesses upon Oath which Oath they have hereby power to administer and to give redress according to the merits of the cause in matters relating to the execution of this Act. Be it further Enacted That the said Lieutenants and Deputies or any thrée or more of them in their several Counties and Places respectively shall
to be levyed by distress and sale of the Goods of such person or persons so refusing as aforesaid rendering the overplus to the Party distrained necessary Charges for levying being first deducted Ability of persons assessed how to be discovered And for the better discovery of the Ability of the Persons so to be assessed and charged and of all Misdemeanors tending to the hinderance of the service aforesaid the said respective Lieutenants and their Deputies or any thrée or more of them are hereby enabled to examine upon Oath such Person or Persons as they shall judge necessary or convenient or shall be produced by the Party charged or accused other then the Persons themselves to be assessed and accused And for the better and more spéedy execution of the Premisses Be it further Enacted That the said respective Lieutenants shall be Treasurer and Clerks for receiving and paying moneys by this Act. and are hereby required to appoint one or more Treasurer or Treasurers Clerk or Clerks for receiving and paying such moneys as shall be levyed by vertue hereof of all which Receipts and Disbursements thereof the said Treasurer Clerk and Clerks are every six moneths to give their Accompts in writing and upon Oath to the said Lieutenants and their Deputies or any thrée or more of them which Oath they have hereby Power to administer And the said Accompt so to be taken shall be forthwith certified to the Lords of His Majesties most honorable Privy Council and a Duplicate thereof shall be certified to the Iustices of Peace at the next General Quarter Sessions And be it further Enacted That the Deputy-Lieutenants shall observe and obey such Orders and Directions as they shall from time to time receive from the respective Lieutenants for the putting in execution the Powers given by this Act. And for the better securing the Peace of the Kingdom Be it further Enacted and Ordained Who shall be appointed to search for and seize Arms are the houses of dangerous persons that the said respective Lieutenants or any two or more of their Deputies are hereby enabled authorised from time to time by warrant under their hands and seals to employ such Person or Persons as they shall think fit of which a Commissioned Officer and the Constable or his Deputy or the Tythingman or in the absence of the Constable and his Deputy and Tythingman some other person bearing Office within the Parish where the search shall be shall be two to search for and seize all Arms in the custody or possession of any Person or Persons whom the said Lieutenants or any two or more of their Deputies shall judge dangerous to the Peace of the Kingdom and to secure such Arms for the service aforesaid and thereof from time to time to give Accounts to the said respective Lieutenants and in their absence as aforesaid or otherwise by their directions to their Deputies or any two or more of them Provided that no such search be made in any house or houses betwéen Sun-setting and Sun-rising other then in Cities and their Suburbs and Towns Corporate Market-Towns and houses within the Bills of Mortality where it shall and may be lawful to search in the night-time by Warrant as aforesaid if the Warrant shall so direct and in case of resistance to enter by force Houses of Peers And that no dwelling-house of any Péer of this Realm be searched by vertue of this Act but by immediate Warrant from his Majesty under his Sign Manual or in the presence of the Lieutenant or one of the Deputy-Lieutenants of the same County or Riding And that in all places houses whatsoever where search is to be made as aforesaid it shall and may be lawful in case of resistance to enter by force And that the Arms so seised may be restored to the Owners again if the said Lieutenants or in their absence as aforesaid their Deputies or any two or more of them shall so think fit And be it Enacted That all high Constables petty Constables All high Constables and Officers to be aiding the respective Lieutenants and other Officers and Ministers within the said Counties Cities Parishes and places aforesaid be are hereby required to be aiding and assisting to the said respective Lieutenants and their Deputies or any of them in execution of the premisses And that all and every person and persons who shall act or do any thing in execution thereof shall be hereby saved harmless and indemnified And also that all and every person and persons who have heretofore acted or done any thing in execution of any Commission or Commissions of Lieutenancy issued by the Kings Majesty that now is or by colour of them or any of them or touching or concerning the same or any of them or relating thereunto since the 7th day of May One thousand six hundred sixty and one untill the 20th day of May One thousand six hundred sixty and two shall be and are hereby saved harmless and indemnified in that behalf And be it further Enacted and Ordained How persons are to be charged residing in one County and having lands in another That where any person or persons shall be charged by vertue of this Act to find a horse and Horse-man horses and Horse-men and Arms or Foot-souldier and Arms in such County City or place where he or they do not reside or inhabit that then and in such cases the respective Lieutenants and Deputies or any thrée or more of them shall send Notice of every such charge if such person have any land in his own occupation to such person as he doth imploy as his Servant in managing the same And in case all his lands or other estate be demised and to farm let then to one or two of the most sufficient Tenant or Tenants who shall have the same in their occupation who are hereby required forthwith with all convenient spéed to convey the same to their Master or Landlord respectively And within such time as shall be appointed in that behalf bring an accompt of their Master or Landlords answer to the respective Lieutenants and Deputies or any thrée or more of them And upon neglect or refusal of the Landlord to provide such horse and Horse-man horses and Horse-men and Arms or Foot-souldier and Arms as is duly charged upon him according to the Rates mentioned in this Act for the yearly Rent reserved upon every demise or other grant and not otherwise within the time limited for that purpose Tenants to provide Arms for their Landlords That then the said Tenant or Tenants shall provide and do as the Landlord in that behalf ought to have done And if the said tenant or tenants shall refuse or neglect to provide such horse and Horse-man horses and Horse-men and Arms or Foot-souldier and Arms as are charged upon his or their Landlords within the time limited That then and upon every such default it shall and may be lawful to
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
to be upheld repaired and maintained after it be so erected at the charge of the Lord of the Mannor wherein the said Bridge now standeth proportionable to the charge he is now at for maintaining the Horse-Bridge and the residue of the charge to be born by the Parishioners of the said Parish For which purpose the said Iustices of the Peace at their said publick Sessions are hereby enabled to make respective rates accordingly so as the sum to be assessed for the erecting the said Bridge excéed not the sum of One hundred pounds and the said Iustices are to take care that the said Bridge be finished by or before the First day of August in the year of our Lord God One thousand six hundred sixty and thrée And be it Enacted by the Authority aforesaid Bridges to have sufficient Walls or Posts and Rails That the said Surveyors do take care that all and every Bridge or Bridges within their respective limits shall before the Feast of St. Michael One thousand six hundred sixty and two have sufficient walls or posts and rails of each side thereof four foot high at the least and that the said walls or posts and pails be from time to time kept in sufficient repair Provided always And be it Enacted by the Authority aforesaid Proviso for chusing Surveyors for the year 1662. EXP. That the Surveyors of the High-ways named for the year One thousand six hundred sixty and two shall within twenty days after the publication of this Act procéed to do and execute all things in this Act for the said year One thousand six hundred sixty two And where there are no Surveyors of the High-ways chosen for the said year One thousand six hundred sixty two they shall be chosen within twenty days after publication of this Act by such persons as by this Act is appointed and being so chosen they shall hereafter do and execute all things according to the tenor of this Act. Provided also And be it Enacted by the Authority aforesaid That where any Lands are let Tenants to bear the charges of Assessments for High-ways the Tenant and Occupier thereof shall pay the Assessment and bear all charges for the mending of the High-ways and not the Landlord except where there is or shall be any agréement betwéen the said Landlord and the Tenant to the contrary Provided also and be it further Enacted The continuance of this Act. That the power of raising and levying money by vertue of this Act shall continue in force for thrée years only from the Five and twentieth day of March One thousand six hundred sixty and two and no longer but that all other Powers and Clauses in this Act shall continue and stand in force until the end of the first Session of the next Parliament and no longer CAP. VII Exportation of Leather and Raw Hides out of the Realm of England restrained WHereas notwithstanding the many good Laws before this time made and still in force 5 E. 6. cap. 15. 6 El. cap. 22. 8 El. cap. 14. 18 El. cap. 9. prohibiting the Exportation of Leather out of this Realm and the penalty by those Acts imposed by the cunning and subtilty of some persons and the neglect of others who ought to take care thereof there are such quantities of Leather daily exported to forreign parts that the price of Leather is grown to those excessive Rates that many Artificers working Leather cannot furnish themselves with sufficient store thereof for the carrying on of their Trades and the poor sort of people are not able to buy those things made of Leather which of necessity they must make use of For redress of which griefs Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled That from and after the First day of May now next ensuing no person or persons whatsoever shall carry or transport or cause to be carried or transported out of England into Scotland Ireland or into any of the Isles belonging to this Kingdom What Skins or Hides Tanned may not be transported or to any parts beyond the Seas the Skins or Hides Tanned or Vntanned of any Ox Stéer Bull Cow or Calf otherwise or in any other manner then is by this present Act directed And be it further Enacted by the Authority aforesaid That none of the Skins or Hides aforesaid which shall happen to be taken from any of the beasts aforesaid within any Island whatsoever belonging to the Kingdom of England except Ireland shall be transported out of that Island to any other place but into the Kingdom of England upon pain of forfeiture for every such offence double the value of Skins or Hides The Penalty so to be transported out of the said Island or any of them to any other place then into the Kingdom of England the same forfeiture to be sued for and disposed as hereafter in this Act is directed And for the better preventing of such mischiefs as are intended to be remedied by this Act Be it Enacted by the Authority aforesaid What Leather must be bought onely in open Fairs or Markets for selling Leather The Penalty That all Red Tanned Leather made of the Hides or Skins of any of the Beasts aforesaid of what kind or nature soev●● shall be bought onely in the open and common Fair or Market used for the putting of Leather to sale and not in any House Tanners Yard Shop or other place whatsoever on pain that such person or persons that shall not accordingly do the same shall for every such offence forfeit the same Leather or the value thereof and the contract for the sale thereof shall be void and all such Leather shall be Searched and Sealed by the Searchers and Sealers thereunto appointed before the same be put to Sale and upon such sale shall be Registred and a true Entry thereof made both by the Buyer and Seller who are both to be present at such Registring thereof and both their names and places of abode entred into the Book of the said Register on pain that every such Buyer or Seller that shall not accordingly do the same shall for every such offence forfeit the same Leather or the value thereof and the forfeiture shall be recovered and imployed in such manner as hereafter in this Act is directed Penalty for Transportation of any Leather or Raw-Hides And be it further Enacted by the Authority aforesaid That if any person or persons shall be found guilty of the Transportation of any Leather or Raw Hides of any of the Beasts aforesaid excepting such Calve-skins and Shéep-skins dressed without the Wooll as by Law may be Transported contrary to the provision of this Act he shall from thenceforth be disabled to Trade or Deal in Leather for the future and shall for every such offence forfeit the sum of Five hundred pounds to be
and by Authority thereof that from and after the Feast of St. Michael the Arch-angel which shall be in the year of our Lord One thousand six hundred sixty and two for and during the term of Five years next ensuing the date of this present Act it shall and may be lawful for the respective Iustices of Peace of the said respective Counties or the major part of them at any General Sessions of the Peace to be holden for the said Counties respectively on the behalf of the said Counties or either of them from time to time as they shall sée occasion to make an Order in open Court of Sessions for charging according to their several Proportions all and every the several Inhabitants of the said respective Counties for the safeguard and securing of the said severall Counties and Inhabitants thereof from all injury violence spoil and rapine of the Moss-Troopers aforesaid Provided That the said County of Northumberland be not by force of this Act at any time charged above the sum of Five hundred pounds in the year nor the said County of Cumberland charged above the sum of two hundred pounds in the year And for this end and purpose the said several Iustices of Peace of the respective Counties aforesaid are hereby impowred and authorized at any their General Quarter Sessions aforesaid to appoint and imploy from time to time if occasion require any person or persons to have the Conduct and Command of a certain number of men not excéeding the number of Thirty men in the County of Northumberland and Twelve in the County of Cumberland whereby the Malefactors aforesaid may be searched out discovered pursued apprehended and brought to tryal of the Law And all and every the said Iustices of Peace of the respective Counties aforesaid or the major part of them at any General Sessions of the Peace to be holden for the said Counties or either of them respectively are hereby further impowred and authorized by force of this present Act to make and issue forth their respective Warrants under their hands for the levying and collecting any sum or sums of money ordered to be paid for and towards the safeguard and securing of the said Counties respectively as aforesaid and to give full power to the several Constables and other Officers to raise levy and collect the said money and all and every the Inhabitants of the said several Counties according to their respective proportionable Estates in Lands or Goods by Distress and Sale of Goods rendering the overplus if there be any to the respective Owner or Owners And the said Iustices of Peace in the said several Counties or any one of them respectively are hereby also authorized to examine any Complaint made against the Collectors and Constables or any other Officers or Ministers of Iustice whatsoever or any of them or any other refractory person or persons whatsoever that at any time hereafter shall refuse neglect or fail to give obedience to this Act or shall do any act or acts in disturbance or obstruction thereof and to bind over such person or persons to the next Quarter Sessions according to the known Laws of the Land to the end such person or persons may be procéeded withall according to Iustice And the said respective Iustices of Peace as aforesaid are hereby further Impowred and Authorized on behalf of the said several Counties respectively to appoint a Treasurer to receive from the said Collectors the Moneys by them Collected and to pay over the same according to the Orders they shall receive from the said Iustices at the General Sessions of the Peace to be holden for the said respective Counties And the said Iustices are also Impowred to agrée and article with such person or persons yearly as they shall think fit to imploy in the said Service and to take sufficient Security of them for the faithful and most effectual performance thereof for the best safeguard advantage and benefit of the people according to the true intent and meaning of this Act. And in case any person or persons shall in pursuance of this Act be imployed in the Border-Service and shall at any time hereafter wilfully and corruptly or for any sinister respect whatsoever neglect or forbear to Discover or Apprehend or to bring to Tryal any of the said persons called Moss-Troopers as aforesaid and shall be convicted thereof according to Law he or they shall from thenceforth be disabled and made uncapable for ever after to manage or take upon him or them the said Imployment and to suffer such Fine and Imprisonment according to the quality of his or their offence as the Iustices of Peace at their General Sessions shall think fit to inflict Provided nevertheless and be it hereby Declared That it shall be lawful for the Iustices of Peace of either of the said Counties as aforesaid respectively at any time hereafter to moderate or lessen the said charge if they sée cause Provided that this Act shall continue and be in force for five years and no longer Provided always and be it further Enacted by Authority aforesaid That for better suppression and punishment of the said Moss-Troopers flying out of England into Scotland or out of Scotland into England 4 Jac. cap. 1. 7 Jac. cap. 1. the Statutes made in the several Sessions of Parliament in the Fourth and Seventh years of King James shall be revived and put in execution according to their true intent 18 Car. 2. cap. 3. Continued for Seven years from the expiration of this Act. CAP. XXIII An Additionall Act concerning matter of Assurance used amongst Merchants WHereas by an Act of Parliament made in the Thrée and fortieth year of the Reign of Quéen Elizabeth of happy memory 43 El. cap. 12. Entituled An Act concerning matters of Assurances used amongst Merchants Encouragement of Merchants and Trade The Parliament then taking into Consideration by all good means to comfort and encourage the Merchants of this Kingdome thereby to advance and increase the Wealth of this Realm her Majesties Customs and the strength of shipping and for preventing of divers mischiefs in the said Act mentioned It was Enacted That it should and might be lawful for the Lord Chancellor or Lord Kéeper of the Great Seal of England for the time being to award forth under the Great Seal of England one general or standing Commission to be renewed yearly at the least and otherwise so often as unto the Lord Chancellor or Lord Kéeper should séem méet for the hearing and determining of Causes arising on Policies of Assurance such as then were or then after should be entred within the Office of Assurance of the City of London which Commissions should be directed to the Iudge of the Admiralty for the time being the Recorder of London for the time being Two Doctors of the Civil Law Two Common Lawyers and eight grave or discréet Merchants or any five of them which Commissioners or the greater part of them which
much incouraged Fishing and Navigation increased and the publike good of the whole Kingdom very much advanced 34 H. 8. cap. 4. 13 El. cap. 7. 1 Jac. cap. 15. 21 Jac. ca. 19. Notwithstanding which great advantage to the publike there hath béen lately some opinion conceived that such persons may and ought to be made subject to the Statutes provided against Bankrupts For the better declaring and explaining the Law therein and to the end such persons may not be discouraged in those Honourable endeavours for promoting publike undertakings Be it declared and Enacted by the Kings most Excellent Majesty with the Advice and Assent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by the Authority of the same No persons for putting in money to the East-India or Guiney Company or the Fishing Trade shall be esteemed a Trader within the Statute of Bankrupts That no person or persons whatsoever who have adventured or put in or who hereafter shall adventure or put in any sum or sums of money in the said East-India Company or Guiney Company or into any joynt stock or stocks of money by them or either of them made or raised or to be made and raised for and towards the maintaining and carrying on the Trade by the said East-India Company or Guiney Company managed or to be managed or who have formerly or shall hereafter adventure or put in any sum or sums of momey into any stock or stocks of money for the managing and carrying on of the said Fishing Trade or the Trade now called the Royall fishing Trade and shall receive and take his or their part or dividend of Fish Goods or Merchandizes in specie and shall sell or exchange the same shall for or by reason onely of such adventure of moneys so put into the said East-India Company or Guiney Company or into any Stock or Stocks for and towards the said Fishing Trade or for or by reason only of the receiving and taking such Fish Goods and Merchandizes in Specie or selling for money or exchanging the same again be Adjudged Taken Estéemed or Reputed a Merchant or Trader within any Statute or Statutes for Bankrupts or be lyable to the same Proviso for other Trading Provided always and it is hereby Declared That every person or persons who shall Trade Traffique or Merchandize in any other way or manner then in the said Royal Fishing Trade or the Trade managed by the said East-India Company or the Guiney Company as aforesaid shall for and by reason of his and their Trading Traffiquing and Merchandizing be liable to Commission and Commissions against Bankrupts as fully to all intents and purposes and not otherwise as if this Act had never béen made Any thing in Act to the contrary notwithstanding The Iudgment concerning Sir John Wolstenholme made void And be it further Enacted That a Verdict and Iudgment in Replevin heretofore had or given in the Term of Easter in the Year One thousand six hundred fifty thrée in the Kings Bench betwixt Phineas Andrews Plaintiff Richard Woolward and William Meggs Defendants whereby Sir John Wolstenholme Knight an Adventurer in the said East-India Company was adjudged and found lyable to a Commission of Bankrupts only for and by reason of a share he had in the Ioynt-Stock of the said Company and a pretended selling for money part of the return which he had in Specie for his said Adventure shall be and is hereby declared contrary to Law and is hereby reversed Proviso for Purchasors in the Case of Sir John Wolstenholme and made void and null Provided always and be it Enacted That no Act Sale or Disposition of any the Lands Tenements Hereditaments Goods Chattels Debts or Credits of the said Sir John Wolstenholme or any distribution of the same or of any money heretofore made or done by the Commissioners of Bankrupts or any claiming under them or any of them by vertue or colour of any Commission or Commissions taken out against the said Sir John Wolstenholme and whereof any person or persons is by vertue or colour of or under any such Act Sale or Disposition actually seised or possessed shall be hereby impeached or frustrated but that the same be injoyed for and toward satisfaction of the Debts for which the same have béen disposed or distributed CAP. XXV For Restoring of all such Advowsons Rectories Impropriate Gleeb-Lands and Tithes to his Majesties Loyal Subjects as were taken from them and making void certain charges imposed on them upon their Compositions for Delinquency by the late Usurped Powers VVHereas many Loyal Subjects of our late Soveraign Lord King Charles the First and of the Kings Majesty that now is were upon pretence of Delinquency for adhering unto and faithfully serving their said Majesties according to their Duty and Allegiance enforced and constrained by the pretended power of the Long Parliament not onely to part with great sums of money in satisfaction of the said supposed Delinquency but likewise to settle all or part of such Advowsons Rectories Gléeb-Land and Tithes Estates and Terms as they or any in trust for them were then seised or possessed of and to make Grants and Assurances of Rents and Annuities to and upon such Trustées as were appointed by the said Long Parliament as well for the augmentation of certain Vicarages as for the use and maintenance of Preaching Ministers and Lecturers without any valuable consideration given for the same other then some abatement of those excessive Fines imposed upon them for their pretended Delinquency and exacted from them by those arbitrary powers to the impoverishing and undoing of many of the Kings most Loyal Subjects Be it therefore Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by Authority of the same That all Grants All Estates made by pretended Delinquents of Advowsons Rectories c. for Compositions made void Feoffments Bargains and Sales Releases Confirmations and other Conveyances and Assurances in the Law of any higher or lower nature whatsoever had or made by any such pretended Delinquents their Heirs Executors or Administrators or by any person having any Estate or Interest in Law or Equity in Trust for them or by any other person or persons having any Estate or Interest joyntly or in common with them or in Reversion or Remainder after them to any person or persons Bodies Politick or Corporate of any such Advowsons Rectories Impropriate gléeb-Gléeb-Lands Tithes Estates Terms Annuities and Rents as aforesaid to or for the uses aforesaid as part or in full of their Compositions for such pretended Delinquency as aforesaid and all Securities touching or concerning the same onely Saving other Rights be and are hereby adjudged from henceforth null and void in Law to all intents and purposes whatsoever Saving to all persons other than the said Trustées and their
Record at Westminster And no Lease Grant or Conveyance of or charge out of or upon the said Ninety five thousand Acres or any part thereof except Leases for seven years or under in possession shall be of force but from the time it shall be entred with the said Register as aforesaid the Entry whereof being endorsed by the said Register upon such Lease Grant Conveyance or Charge shall be as good and effectual in the Law as if the Original Book of Entries were produced at any Tryal at Law or otherwise And be it further Enacted That the said Governour Bayliffs and Commonalty shall Execute Estates according to the aforesaid Trust under their Common Seal the Taxes and Penalties then in Arrear being first paid which for non-payment are by vertue of this Act to be levied by Sale of the Lands And be it further Enacted Levying of taxes and penalties That for the Levying such Taxes and Penalties as are now in Arrear or at any time since the Thirtieth day of September in the year of our Lord One thousand six hundred fifty and eight other then such as are hereby otherwise directed to be Levied or which shall be set and imposed upon the said Ninety five thousand Acres by vertue of this Act and shall be in Arrear upon the respective parts and proportions of the said Ninety five thousand Acres the said Governour Bayliffs and Conservators of the said Corporation and their Successors for the time being or any five or more of them whereof the said Governour and Bayliffs for the time being and their Successors or any of them to be two for levying such Taxes and Penalties which now are or shall be so in arrear upon the respective parts and proportions of the said Ninety five thousand Acres shall on Wednesday and Thursday in Whitsun-wéek or either of them every year at the Shire-House in Ely aforesaid in the said Isle of Ely have power only to sell so much of such parts and proportions of the said Ninety five thousand Acres upon which any Tax shall be in Arrear or penalties in such proportion as the said Governour Bailiffs and Conservators of the said Corporation or their Successors or any five or more of them whereof the said Governour and Bailiffs or any of them to be two shall judg to be sufficient to raise such Taxes and penalties by any writing under the Seal of the said Corporation and the person or persons to whom such Sales shall be made shall be a lawful Purchaser and Assignée of so much as shall be sold to all intents and purposes whatsoever Provided That by any colour of any sale for non-payment of Taxes Proviso for tenants at will or by leases any Tenant or Tenants at will or by Lease Indented upon improved Rent of any part of the said Ninety five thousand Acres shall not be removed from his or their possession until he or they shall have taken his or their Crop from off the Premisses so sold paying reasonable Rent proportionable to the time that such possession shall from and after such Sales be continued And such Tenant or Tenants as shall hold any part of the said Ninety five Thousand Acres by Lease as aforesaid shall and may if he or they shall think meet continue out their respective terms paying their Rent to such Purchaser in proportion to the quantity of Acres so purchased Any thing herein contained to the contrary in any wise notwithstanding Provided That the said Corporation nor their Successors shall not sell any part or proportion of the said Ninety five thousand Acres for any Tax or Penalty in arrear which Tax or Penalties shall not be in arrear by the space of four moneths next before the Sale nor any more Lands then only for the raising of such Taxes and Penalties Publick notice to be given of lands charged with arrears of taxes or penalties Provided also That the said Corporation shall give publick notice from time to time of the parts and proportions of the said Ninety five thousand Acres for which any Tax or Penalties is or shall be in arrear by affixing openly at the Shire-House or Market-place in Ely aforesaid a Schedule in Parchment under the Seal of the said Corporation containing such parts and proportions of the said Ninety five thousand Acres for which any Tax or Penalty is or shall be in arrear with the name and names of the respective Owner or Owners entred upon the Tax-Roll with the said Corporation of the said parts and proportions of the said Ninety five thousand Acres so in arrear And be it further Enacted That the said Corporation shall and may from time to time erect any new works within the said great Level New works may be made or without the said great Level for conveying the Waters of the said great Level by convenient Out-falls to the Sea so always that if they cut any several grounds they give full recompence and satisfaction for the same in such manner as shall be hereafter in this Act provided The penalty for throwing down any works And if any person or persons shall cut throw down or destroy any of the said Works made or to be made as aforesaid the parties offending shall answer treble damages to the said Corporation and Costs of Suit to be recovered in an Action of Trespass to be brought by the said Corporation in any of his Majesties Courts of Record And if such cutting throwing down or destroying shall be maliciously done the same shall be punished as for the cutting the Podyke in Marsh-Land The oath to be taken by the Governor Bailiffs and Conservators And be it further Enacted That the said William Earl of Bedford nominated to be Governour and every other from time to time into that Office chosen shall before he take upon him or them the exercise of that Office take an Oath That he will well and truly execute that Office in all things the which Oath shall and may be administred by the said Bailiffs or any one of them And the said Bailiffs Conservators Register Receiver or other Officer nominated as aforesaid and every other from time to time into any of the respective Offices to be chosen shall before he or they take upon him or them the exercise of the said respective Offices take the like Oath for the true executing their respective Offices the which Oath shall be administred by the said Governour Bayliffs and Conservators or any two or more of them without any Commission or further warrant The Governor Bailiffs and Conservators to be elected yearly And for the continuance of the said Corporation in Succession for ever Be it further Enacted That the said Governour Bayliffs Conservators and Commonalty upon Wednesday in Whitsun wéek yearly shall at a publick meeting to be holden for the said Corporation by the greater number then present whereof the said Governour or one of the Bailiffs to be one elect a new Governour
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
be lawful for the said Commissioners for the time being or any seven or more of them from time to time and at all times to Assess Taxes or Sums of Money upon the said Ninety five thousand Acres for the raising money for Draining the same again in such proportion as they or any seven or more of them shall think fit together with a penalty for not paying the said Taxes the said penalty not excéeding a third part of such Tax How lands may be sold for non-payment of Taxes or penalties And for default of payment of the said Taxes or Sums of money and penalties Be it Enacted That the Lot and Share of such Participant or Adventurer of and within the said Ninety five thousand Acres as shall be in arrear for the said Tax sum of money or penalty and unpaid by the space of two moneths next after the day appointed for payment by the said Commissioners or any seven or more of them or so much thereof as they shall think fit shall be Sequestred by the said Commissioners or any seven or more of them for or towards the payment of such Tax sum of money or penalty so in arrear restoring the overplus of the money for which such Lot or Share or any part thereof shall be Sequestred if any be Which Sequestration shall be made in writing under the hands and seals of the said Commissioners for the time being or any seven or more of them Provided always and be it Enacted by the Authority aforesaid That in case the said Governor Bayliffs and Corporation constituted by this Act shall neglect or refuse to pay such Tax or Taxes and penalties sum or sums of money as shall from time to time hereafter be taxed and imposed by the said Commissioners before named or to be named by vertue of this Act or any seven or more of them pursuant to the Powers given them by this Act whereupon the Goods and Chattels of any person or persons his or their Tenant or Tenants of and in the said Ninety five thousand acres or any part thereof shall be distrained or sold or his or their Lands Sequestred for the payment thereof or that such person or persons his or their Tenant or Tenants shall thereupon pay the said Tax and Taxes and penalties so assessed and imposed as aforesaid That then the said Governour Bayliffs and Corporation immediately from and after notice to him or them given thereof shall Assess and Tax the whole Ninety five thousand Acres for the satisfaction and payment of the Tax Taxes and penalties sum and sums of money and all damages that such person or persons his or their Tenant or Tenants hath or have paid born or sustained as aforesaid And be it further Enacted by the Authority aforesaid That if the said Governour Bayliffs and Corporation shall not within six moneths next after demand made by such person or persons his and their Heirs Executors and Administrators whose own or Tenant or Tenants Goods and Chattels shall be distrained or sold or Lands sequestred as aforesaid pay and satisfie unto him or them such sum and sums of money and damages as he or they and his and their respective Tenant or Tenants have respectively paid born and sustained That then and from thenceforth such person and persons his and their Heirs and Assigns shall and may bring his and their Action or Actions of Debt in any of the Kings Majesties Courts at Westminster against the said Governour Bayliffs and Corporation for the recovery thereof and by vertue of this Act shall recover the same and be allowed Costs of Suit expended therein And be it further Enacted by the Authority aforesaid That the Commissioners so constituted or to be hereafter constituted as aforesaid or any seven or more of them for the better execution of the Powers hereby given shall may inform themselves by examining Witnesses upon Oath which hereby they or any seven or more of them shall have power to administer due execution of all every or any the Powers or Authorities hereby given them for the doing Iustice therein accordingly The Commissioners to take an Oath Provided always That the said Commi●●ioners and every of them before he or they take upon him or them the execution of any the Powers or Authorities hereby given them other then the administring the Oath following to one another which they shall have authority by this present Act to administer to one another shall take the Oath following viz. I A. B. shall and will without favour or affection hatred or malice truly and impartially according to the best of my skill and knowledg execute and perform all and every the Powers and Authorities established by this Act of Parliament Which Oath any one of the said Commissioners are hereby authorized to administer And be it further Enacted by the Authority aforesaid That all Iudgments Orders Decrées Determinations Alterations Changes Restaurations and other Acts done by the said Commissioners hereby constituted or hereafter to be constituted as aforesaid or of any seven or more of them respectively pursuant to the Powers and Authorities by this Act given shall be final And that the first time and place of their Méeting shall be at or before the Two and twentieth day of September in the year of our Lord One thousand six hundred sixty and thrée at Ely And that afterwards the usual places where the said Commissioners shall sit to Hear Order The Places where the Commissioners shall sit and Determine the Matters to them referred by this Act shall from the 29th of September to the 26th day of March in every year be at the Town of Huntington and from the 25th day of March till the 30th day of September in every year be at Ely unless the said Commissioners hereby constituted or hereafter to be constituted as aforesaid or any seven or more of them shall appoint some other place or places being a Market Town or Towns And the said Commissioners or any seven or more of them shall by Warrant under their hands and seals declare the places and times of their after-méeting which Warrant shall be published in the open Market of such respective places where they last sate betwéen the hours of Twelve Two upon some Market day one moneth at the least before the said time or times of méeting To the end all persons concerned may have sufficient time and notice to make their appearance before them upon any cause of complaint or other occasion And shall have power and authority by Warrant under the hands and seals of any seven or more of them to summon Parties and Witnesses to appear before them Provided That none of the said Commissioners hereby constituted or hereafter to be constituted as aforesaid shall Vote or give his Iudgment or Determination in any matter or thing which concerns the Division and Bounds of the County of or for which he is appointed Commissioner Provided also That no person who
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
upon Tweed At which Conventicle Méeting or Assembly there shall be five persons or more assembled together over and above those of the same Houshold Then it shall and may be lawful to and for any two Iustices of the Peace of the County The punishment and manner of proceeding against them for the first offence Limit Division or Liberty wherein the Offence aforesaid shall be committed or for the Chief Magistrate of the place where such Offence aforesaid shall be committed if it be within a Corporation where there are not two Iustices of the Peace And they are hereby required and enjoyned upon proof to them or him respectively made of such offence either by confession of the party or oath of Witness or notorious evidence of the Fact which Oath the said Iustices of the Peace and Chief Magistrate respectively are hereby impowred and required to administer to make a Record of every such offence and offences under their hands and seals respectively which Record so made as aforesaid shall to all intents and purposes be in Law taken and adjudged to be a full and perfect Conviction of every such Offender for such offence And thereupon the said Iustices and Chief Magistrate respectively shall commit every such Offender so convicted as aforesaid to the Gaol or house of Correction there to remain without Bail or Mainprise for any time not excéeding the space of thrée Moneths unless such Offender shall pay down to the said Iustices or Chief Magistrate such sum of money not excéeding five pounds as the said Iustices or Chief Magistrate who are hereby thereunto authorized and required shall Fine the said Offender at for his or her said offence which money shall be paid to the Church-wardens for the relief of the Poor of the Parish where such Offender did last inhabit And be it further Enacted by the authority aforesaid The second offence That if such Offender so convicted as aforesaid shall at any time again commit the like offence contrary to this Act and be thereof in manner aforesaid convicted Then such Offender so convict of such second offence shall incur the penalty of Imprisonment in the Gaol or house of Correction for any time not excéeding six months without Bail or Mainprise unless such offender shal pay down to the said Iustices or Chief Magistrate such sum of money not excéeding Ten pounds as the said Iustices or Chief Magistrate who are thereunto authorized and required as aforesaid shall Fine the said Offender at for his or her said second offence the said Fine to be disposed in manner aforesaid And be it further Enacted by the Authority aforesaid The third offence That if any such Offender so convict of a second offence contrary to this Act in manner aforesaid shall at any time again commit the like offence contrary to this Act Then any two Iustices of the Peace and Chief Magistrate as aforesaid respectively shall commit every such Offender to the Gaol or house of Correction there to remain without Bail or Mainprise until the next General Quarter Sessions Assizes Gaol-delivery great Sessions or sitting of any Commission of Oyer and Terminer in the respective County Limit Division or Liberty which shall first happen when and where every such Offender shall be procéeded against by Indictment for such offence and shal forthwith be arraigned upon such Indictment and shall then plead the General Issue of not guilty and give any special matter in Evidence or confess the Indictment And if such Offender procéeded against shall be lawfully convict of such Offence either by Confession or Verdict or if such Offender shal refuse to Plead the General Issue or to confess the Indictment then the respective Iustices of the Peace at their General Quarter-Sessions Iudges of Assize and Gaol-delivery at the Assizes and Gaol-delivery Iustices of the great Sessions at the great Sessions and Commissioners of Oyer and Terminer at their sitting are hereby enabled and required to cause Iudgement to be entred against such Offender That such Offender shall be Transported beyond the Seas to any of His Majesties Foreign Plantations Virginia and New-England onely excepted there to remaine Seven years And shall forthwith under their Hands and Seals make out Warrants to the Sheriff or Sheriffs of the same County where such Conviction or Refusal to Plead or to Confess as aforesaid shall be safely to convey such Offender to some Port or Haven néerest or most commodious to be appointed by them respectively And from thence to Embarque such Offender to be safely Transported to any of his Majesties Plantations beyond the Seas as shall be also by them respectively appointed Virginia and New-England onely excepted Whereupon the said Sheriff shall safely Convey and Embarque or cause to be Conveyed and Embarqued such Offender to be Transported as aforesaid under pain of forfeiting for default of so Transporting every such Offender the sum of forty pounds of lawful money the one Moyety thereof to the King the other Moyety to him or them that shall Sue for the same in any of the Kings Courts of Record by Bill Plaint Action of Debt or Information In any of which no Wager of Law Essoign or Protection shall be admitted And the said respective Court shall then also make out Warrants to the several Constables Headboroughs or Tythingmen of the respective places where the Estate real or personal of such offender so to be Transported shall happen to be commanding them thereby to Sequester into their hands the profits of the Lands and to distrain and sell the Goods of the offender so to be Transported for the reimbursing of the said Sheriff all such reasonable charges as he shall be at and shall be allowed him by the said respective Court for such Conveying and Embarquing of such offender so to be Transported rendring to the party or his or her Assigns the overplus of the same if any be unless such offender or some other on the behalf of such offender so to be Transported shall give the Sheriff such Security as he shall approve of for the paying all the said Charges unto him And be it further Enacted by the Authority aforesaid How Seditious Sectaries convicted may be transported That in default of defraying such Charges by the parties so to be Transported or some other in their behalf or in default of Security given to the Sheriff as aforesaid It shall and may be lawful for every such Sheriff to Contract with any Master of a Ship Merchant or other person for the Transporting of such offender at the best rate he can And that in every such case it shall and may be lawful for such persons so Contracting with any Sheriff for Transporting such offender as aforesaid to detain and employ every such offender so by them Transported as a Labourer to them or their Assigns for the space of Five years to all intents and purposes as if he or she were bound by Indentures to such person for
in the City of London and Burrough of Southwark or any of them for or in respect of any Rents or Revenues payable to the said Hospitals being to be received and disbursed for the immediate use and relief of the Poor in the said Hospitals Provided That no Tenants that hold or enjoy any Lands or Houses by Lease Tenants to be assessed for the over value of their Lands or any other Grant from any of the said Hospitals do claim and enjoy any freedom exemption or advantage by this Act but that all the Houses and Lands which they so hold shall be rated and assessed for so much as they are yearly worth over and above the Rents reserved and payable to the said Hospitals Provided also London That where any Person inhabiting within the City of London hath his dwelling house in one of the Parishes or Wards therein and hath any Goods Wares or Merchandize in one or more of the other Parishes or Wards within the same that then such Person shall be charged taxed and assessed for such his Goods or Merchandize in the Parish or Ward where he dwelleth and not elsewhere in the said City Provided nevertheless That no Clause or Proviso in this Act shall extend to the lessening or abatement of the full sum by this Act appointed to be taxed levied and paid There shall be no abatement of the full sum in this Act. but that the same be fully assessed taxed levied collected and paid in the several and respective Counties Cities and Towns aforesaid in such manner and form and to such uses as herein before mentioned and declared And that the several and respective Commissioners The Commissioners to give accompt to the Lord Treasurer and every of them shall from time to time give a true and perfect accompt of all their doings and procéedings in the execution of this Act to the said Lord Treasurer or to other such Persons as His Maiesty shall appoint Provided alwayes and be it hereby Enacted and Declared Assessing by a pound-rate That in case the way or manner of assessing by a Pound-rate shall prove any way prejudicial or obstructive to the said spéedy bringing in of the Assessment or any part thereof appointed by this Act that then and in all such cases the respective Commissioners or any two of them are hereby authorized to order and direct their respective Assessors who are hereby required to procéed accordingly to assess the respective Sums charged on the respective Counties Cities and Burroughs Towns and places mentioned in this Act according to the most just and usual way of Rates held and practised in such Counties Cities Burroughs Towns and places respectively Any thing in this Act to the contrary thereof contained in any wise notwithstanding Provided always That nothing in this Act contained shall be construed to alter change determine Contracts and Covenants between Landlord and Tenant or make void any Contracts Covenants or Agréements whatsoever between the Landlord and Tenant touching the payment of Taxes or Assessments any thing herein before mentioned to the contrary notwithstanding Provided always and be it further Enacted and Declared by the Authority aforesaid All places and divisions to be rated as formerly That for the avoiding of all obstructions and delays in collecting the sums by this Act to be rated and assessed all Places Constablewicks Divisions and Allotments which have used to be rated and assessed shall pay and be assessed in such County Hundred Rape and Wapentake as the same hath heretofore usually béen assessed in and not elsewhere And be it further Enacted by the Authority aforesaid That if any Action Plaint Suit or Information shall be commenced or prosecuted against any person or persons for what he or they shall do in pursuance or in execution of this Act Persons sued for executing this Act may give the general issue in Evidence such person or persons so sued in any Court whatsoever shall or may plead the General Issue Not Guilty And upon any Issue joyned may give this Act and the special matter in Evidence And if the Plaintiff or Prosecutor shall become Non-suit or forbear further Prosecution or suffer Discontinuance or if a Verdict passe against him the Defendants shall recover their Treble Costs for which they shall have the like Remedy as in any case where Costs by the Law are given to Defendants Treble-Costs Proviso for Salop and Stafford Provided alwayes That nothing in this Act shall extend or he construed to invalidate a Decree lately made in the high Court of Chancery for the quieting of Suits between the Counties of Salop and Stafford and for the setling all future Payments to be imposed on certain Lands in Sheriff-Hales with the County of Salop Sheriff-Hales And for exempting the said Lands from paying hereafter with the County of Stafford But that the said Decrée shall remain in such and no other force as it did before the making of this Act any thing herein to the contrary notwithstanding Provided alwayes and be it Enacted by the Authority aforesaid That all Spiritual Promotions and all Lands Spiritual promotions and lands c. Possessions or Revenues annexed to and all Goods and Chattels growing or renewed upon the same or elsewhere appertaining to the Owners of the said Spiritual Promotions or any of them which are or shall be charged or made contributory by this Act towards the Payments aforesaid during the time therein appointed shall be absolutely freed and discharged from the two last of the four Subsidies granted by the Clergy to His Majesty His Heirs and Successors by an Act made in a former Session of this present Parliament Entituled An Act for confirming of four Subsidies granted by the Clergy 15 Car. 2. cap. 10. Any clause or thing in the said Act to the contrary notwithstanding Head-collectors shall give acquittances without fee. Provided alwayes and be it Enacted by the Authority aforesaid That the several Head-Collectors which shall be appointed according to this Act shall from time to time at every Payment appointed thereby give unto the several Sub-collectors within their respective Precints upon the Payment of the whole Sum due at such times of Payment from their respective Parishes Constablewicks or places within each of their Collections several Acquittances under their Hands without taking any thing for the same And that in like manner at every time of Payment appointed by this Act Receiver-General the Receiver-General of each County shall give unto the several Head-Collectors aforesaid upon the Payment of the whole Sum due for their Hundred or Division respectively at each time of Payment aforesaid several Acquittances under their Hands and Seals without taking any thing for the same which said Acquittances of the Head-collectors shall be a full and perfect Discharge to the Sub-collectors And the said Acquittances of the Receiver-General shall be a sufficient Discharge to the Head-collectors and
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 ●●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
and their heirs and successors respectively by and according to his and their tenures estate title and interest which he or they had in the Mannors Lands or Tenements for or in respect of which he or they claimed or inclosed the said quantity or quantities of the said Wastes as abovesaid Provided always and be it Enacted by the Authority aforesaid That the said Commissioners and every of them before he or they take upon him or them the execution of any the Powers or Authorities hereby given them other then the administring the Oath following to one another which they shall have Authority by this present Act to administer to one another shall take the Oath following viz. The oath to be taken by Commissioners I A. B. am not interessed in possession reversion or remainder of in or to the said Fens or any part thereof And shall and will without favour or affection hatred or malice truly and impartially according to the best of my skill and knowledg execute and perform all and every the Powers and Authorities in me established by this Act of Parliament Which Oath any one of the said Commissioners are hereby authorised to administer The places of the Commissioners ●●tting And that the places where the said Commissioners shall sit to hear order and determine the matters referred to them by this Act shall be at the Towns of Stamford Market-Deeping or Spalding in the said County of Lincoln And the said Commissioners or any seven or more of them are hereby directed by Warrant under their hands and seals to declare the places and times of their méeting The same Warrant to be published in open Market in the said Towns of Stamford Market-Deeping and Spalding betwéen the hours of twelve and two upon some Market-day one and twenty dayes at least before the said time or times of méeting to the end all persons concerned may have sufficient time and notice to attend And shall have power and Authority by Warrant under the hands and seals of any thrée or more of them Their power and manner of proceeding to summon parties and witnesses to appear before them And in case any controversy or difference shall happen to arise betwéen or amongst the said Commissioners before any Iudgment or Determination given by them in the premisses touching or concerning the exposition of the words of this Act or the powers or authorities thereby to them given Then the Lord Chief Iustice of the Kings Bench the Lord Chief Iustice of the Common-Pleas and the Lord Chief Baron of his Majesties Court of Exchequer for the time being are hereby constituted and established a Iudicature and they or any two of them are hereby authorized to hear adjudg and determine such controversies and differences And their Iudgment or determination thereof certified under their hands seals shall be observed and shall be likewise certified together with the Iudgments and determinations of the said Commissioners into the Petty-bag there to be kept on Record as aforesaid CAP. XII The River Avon to be made Navigable from Christ-Church to the City of New-Sarum WHereas the making Navigable and passable with Barges Boats Lighters and other Vessels the River Avon in the Counties of Wilts and Southampton from the Town of Christ-Church in the said County of Southampton to the City of New-Sarum in the said County of VVilts And if néed require the making of a new Haven may with Gods blessing be of great advantage and benefit not only to the said Counties but also to the Publick by import and export of Commodities and increase of Commerce and Trade and of able Seamen and Watermen and most profitable and necessary for the said City of New-Sarum for the conveyance thereby of Fewel and other necessaries to the said City whereof there is now great scarcity and far greater is like to grow if some help therefore be not provided besides the extraordinary preservation of the High-ways in and near the said City and County Commissioners how to be appointed for making the river Avon navigable Be it therefore Enacted by the Kings Majesty by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same That the Lord Chancellor or Lord Kéeper of the Great Seal of England for the time being at any time after the end of this present Session of Parliament shall and may nominate appoint and authorize by Commission under the Great Seal of England such person or persons Bodies Politick and Corporate as to him shall séem fit and are willing to undertake the making Navigable the said River of Avon from the said Town of Christ-Church to the said City of New-Sarum And to make a new Haven if néed require for Ships and Vessels near the said Town of Christ-Church Which said Vndertakers so nominated and appointed as aforesaid are hereby authorized and shall have full power and authority by this present Act to make Navigable or passable by Barges Boats Lighters or other Vessels the said River of Avon from the said Town of Christ-Church to the City of New-Sarum aforesaid And for that purpose to cleanse scour and open the same and to cut or dig the Banks of the same and to take away or remove all Wears or other Impediments that may hinder Navigation either in sailing or haling of Boats with Horses Men or otherwise to amend or alter such Bridges and High-ways as may hinder the said Passages and Navigation and to open prepare and make all Wears Sasses Locks and Turn-pikes fit for the said Passage And likewise to cleanse scour open or cut and dig the Banks of any other Stream Brook Ditch or Water-course that shall to them séem convenient for the better making the said River Navigable and passable for Boats Barges Lighters and other Vessels And likewise to make and erect any Wharfs Sasses Locks Turnpikes or pens for Water in or near the said River or Passage that shall be fit or necessary for the same and to bring lay and work all Materials requisite for the making erecting and repairing of the said Locks or Turnpikes upon the said River or Passage and to cut such and so many new Channels and Trenches as to them shall séem convenient for altering the course of the said River of Avon in bringing the same to the City of New-Sarum as aforesaid as also for the bringing in any other River or Water-course into the said River and to do all other things necessary and convenient for the said River and Passages new Channels Wharfs Sasses Locks Wears Turnpikes Penns for Water and the said Bridges Ways and Passages and for the altering repairing kéeping using and amending of the same or any of them or any part of them from time to time hereafter as oft as néed shall require and also if néed require to make a commodious Haven and Port near the said Town of Christ-Church for the Entry
Road safety and preservation of Ships that may resort thither as well in peril of Storms as otherwise to lade or unlade their Goods and to alter repair and amend the same or any part of it from time to time as oft as néed shall require And to the end that the making the said River Navigable and passable for Barges Boats Lighters and other Vessels and the erecting and making the said Haven Channels Sasses Locks Wears Turnpikes Penns for Water Wharfs Bridges Ways and Passages as aforesaid or other things may not be any way prejudicial to the Inheritance Possession or profit of any person or persons Bodies Politick or Corporate whatsoever that have any Lands Tenements Wears or Hereditaments adjoyning unto the said River or Streams Brooks new Chanels and Passages as aforesaid or any of them or through which the same shall be made or cut as aforesaid Satisfaction to parties endamaged in any of their lands Be it therefore Enacted by the Authority aforesaid That the said Vndertakers before they do meddle with the Lands Inheritance Possession or Profit of any person or persons Bodies Politick or Corporate shall first agrée with such persons Bodyes Politick or Corporate for the loss or damage that any of them shall or may any way receive by the making or altering the said Haven Channels Wharfs Sasses Locks Wears and Passages or procure some Order therein to be made by the Commissioners to be Assigned for that purpose as hereafter in this present Act is expressed And for the better effecting of the premisses and the due rating of the value of the things to be compounded for by the true intent of this Statute if the Parties shall not agrée Be it Enacted by the Authority aforesaid Commissioners for compounding with persons so damnifide That at the request and charges of the said Vndertakers One or more Commission or Commissions under the Great Seal of England shall be granted to Edward Earl of Clarendon Lord Chancellor of England Thomas Earl of Southampton Lord High Treasurer of England Philip Earl of Pembroke and Mountgomery William Lord Herbert of Cardiffe Henry Lord Viscount Cornbury George Lord Bishop of Winchester and the Bishop of Winchester for the time being John Lord Bishop of Sarum and the Bishop of Sarum for the time being William Lord Sands Robert Lord Brook Anthony Lord Ashly Chancellor of the Exchequer Sir Edward Nicholas Knight One of His Majesties most Honourable Privy-Council Sir Robert Hyde Knight Lord Chief Iustice of the Kings Bench Sir Wadham Windham Knight one of the Iustices of the Kings Bench Sir George Grubham How Baronet Sir Joseph Ash Baronet Sir John Nicholas Knight of the Bath sir John Low Knight sir Robert Mason Knight sir Thomas Mompesson Knight sir John Clobery Knight Stephen Fox Esquire Clerk of the Gréen-Cloth and one of the Citizens for the City of New-Sarum John Joyce Mayor of the City of New-Sarum and the Mayor of the City for the time being Richard Coleman Esquire Recorder of the City of New-Sarum and the Recorder of the same City for the time being Francis Roll Esquire High Sheriff of the County of Southampton Lawrence Hyde Esquire Humphrey VVeld Esquire Edward Hyde of Hatch Esquire Richard How Esquire John Holt the elder of the Close of the City of New-Sarum Esquire George Vennerd of the City of New-Sarum Esquire Edward Manning Esquire Richard Compton Esquire Thomas Knowles Esquire Philip Lee Esq Walter Bockland Esq VVilliam Swanton Esq Roger Gallop Esq Edward Hooper of Huncourt Esq Will. Tulse Esq John Hobby Esq Henry Tulse Esquire Henry VVhitehead Esq The Mayor of VVilton for the time being and the Mayor of Christ-Church for the time being Samuel Percival Esquire VVilliam Lisle Esquire and Philip Percival Gentleman The power of the said Commissioners Which said Commissioners or any seven or more of them not being Parties concerned shall have full power and Authority and are hereby impowred and Authorized by examination of witnesses upon Oath which Oath they or any seven or more of them have hereby power to administer or by any other lawful ways or means to examine here and determine all and all manner of Controversies Debates and Questions which shall happen and arise betwéen any persons whatsoever touching or concerning any matter or thing relating to the aforesaid Premisses or any part thereof And to appoint determine and decree what and how much satisfaction every such person or persons Body politick or Corporate shall have for or in respect of the loss to be by him her or them sustained notice being first given of their Méeting by Papers publickly affixed to the Church-doors or set up in the Market-places of the City of New-Sarum and the Towns of Christ-Church and Ringwood Ten days at the least before their Méeting declaring the time and place of their Meeting And also notice in writing being first left at the Dwelling-house of every Party concerned or at their usual place of abode or with some Tenant or Occupier of some House Land or Tenement of such party within fiftéen Miles of the said River Which said Determination Sentence and Decrée set down declared and pronounced by the said Commissioners or any seven or more of them and the Price and Recompence by them limited shall bind all Parties therein concerned in Possession Reversion or Remainder or otherwise and as well Infants Feme Coverts as others and their Heirs in Fée-Simple or in Tail and their Executors Administrators and Assigns and all claiming by from or under him her or them or any of them which Order Sentence and Decrée shall be set down in writing under the Hands and Seals of the said Commissioners or any seven or more of them within six wéeks after the first Resort to them for that cause according to this Act the same to be kept among the Records of the Sessions of the Peace for the City of New-Sarum by the Clerk of the Peace for the time being of the said City Transcripts whereof shall be delivered to the several Clerks of the Peace of the respective Counties of VVilts and Southampton to be by them kept upon Record amongst the Records of the Sessions of the said respective Counties All which shall be taken adjudged and déemed good and sufficient Evidence and proof in any Court of Record whatsoever And that upon payment of such sum or sums so ordered or agréed upon to the said persons concerned or tender thereof made at his or their Dwelling-house or the house of his or their Tenant of some Tenement house or Land of theirs within fiftéen miles of the said River and if they have no such Dwelling-house Land or Tenement or if upon such tender at their said Dwelling-house or the House Land or Tenement of such Tenant as aforesaid they refuse or are not ready to receive the same That upon payment of the said sum to the Mayor and Commonalty of the City of New-Sarum in the Council-Chamber of the said City
have a Mayor and Aldermen and particular Iustices of the Peace by Charter or Commission or Bayliff or Bayliffs or other Chief Officer or Officers and other Assistants by like Charter and where two or more Churches or Chappels or a Church a Chappel the Parishes thereunto belonging do lie within the said Corporation or Liberties thereof convenient to be united In such cases the Bishop of the Diocese where such Parish and Parishes are with the consent of the Mayor Aldermen and Iustices of the Peace Bayliff or Bayliffs or other Chief Officer or Officers or the major part of them and of the Patron or Patrons of such Church or Churches Chappel or Chappels shall or may according to due form of Law unite the said Churches or Chappels or Church and Chappel or any of them and shall appoint at which Church or Chappel Churches or Chappels the said Parishioners and Inhabitants of the said Parishes or places to which the said Churches or Chappels or Church and Chappel do belong shall usually méet for the worship of God and which of the said Churches or Chappels or Church or Chappel shall be united and annexed unto the other which shall be the Church Presentative unto which all Presentations shall thereafter be only made unto which the Parishioners shal resort as their proper Church And after such Order made the said Churches or Chappels or Church and Chappel shall accordingly for ever stand united And the Parishioners Landholders and Inhabitants of the said Parishes and places belonging to such Churches or Chappels or Church and Chappel so united and annexed shall as they or any of them become void and from thenceforward pay all such Tythes and other Duties as belong or did belong to the Incumbent of any of the said Churches or Chappels or Church and Chappel so united and annexed unto the Incumbent of the said Presentative Church or Chappel unto which the said other Churches or Chappels or Church or Chappel shall be so united and annexed Parishes shall remain distinct notwithstanding such Vnion of Churches And it is hereby also Enacted That notwithstanding any such Vnion to be made by vertue hereof each of the Parishes so united shall continue distinct as to all Rates Taxes Parochial Rites Charges and Duties and all other Priviledges Liberties and respects whatsoever other then what is herein before mentioned and specified And Churchwardens shall be elected and appointed for each Parish as they were before such union made How and when such Vniting shall take effect And it is further Enacted and Provided That where one or more of the said Churches or Chappels or Church and Chappel so united and annexed shall be full at the time of making such Vnion That then the said Vnion shall take effect for every such Church or Chappel And how severall Patrons shall present upon the first Avoidance after such Vnion made And that the several Patrons of the said Churches and Chappels so Vnited shall and may present by turns to that Church onely which shall remain and be presentative from time to time in such order as the said Bishop with the consent of the said Mayor Aldermen and Iustices of Peace Bayliff or Bayliffs or other chief Officer or Officers within such Parishes or the major part of them and of the Patron or Patrons of such Church or Churches Chappel or Chappels shall determine and decrée for the preservation of their respective Rights therein respect being therein had to the difference of the values of the yearly Maintenance belonging to such Churches or Chappels or any of them Saving unto the Kings Majesty His Heirs and Successors all the Tenths and First-Fruits of all such Churches and Chappels so to be Vnited according to the rates and valuations at which the said Churches and Chappels are Rated and Valued in the Office of First-Fruits and Tenths in His Majesties Court of Exchequer And also reserving all Procurations and Pensions to all persons to whom they are now and have béen formerly or shal be hereafter due and payable Any thing herein contained notwithstanding How Vnions must be registred Provided always That no Vnion of Parishes or places to be made by vertue of this Act shall commence or be effectual in Law until it be Registred in the Register Book of the Bishop of the Diocese which the Register is hereby required to do Parishes having 10 l. maintenance may not be Vnited Provided always That no Vnion made by vertue hereof shall be good and effectual where the setled Maintenance belonging to the Parsons Vicars and Incumbents of the Church or Chappel or Churches or Chappels so Vnited shall excéed the sum of One hundred pounds per annum cléer and above all Charges and Reprises unless the respective Parishioners or the major part of them under their hands desire otherwise Incumbents o● s●ch Vnited P●● shes must be graduates of the Vniversity Provided always And be it Enacted That every Minister setled as aforesaid the Incumbent of any Church or Chappel or Churches or Chappels united according to this Act shall be the full and lawful Incumbent thereof to all intents and purposes so as such Minister be a Graduate in one of the Vniversities of this Kingdom Owners of Impropriations may bestow and annex m●intenance to the Churches where they lie And be it further Enacted by the Authority aforesaid That every Owner or Proprietor Owners or Proprietors of any Impropriation Tythes or Portion of Tythes in any Parish or Chappelry within the Kingdom of England or Dominion of Wales is are and shall be by vertue of this Act inabled and impowred to give or bestow unite and annex the same or any part thereof unto the Parsonage or Vicarage of the said Parish Church or Chappel where the same do lie or arise or settle the same in Trust for the benefit of the said Parsonage or Vicarage or of the Curate and Curates there successively where the Parsonage is Impropriate and no Vicar indowed according to his or their respective Estates Without license of Mortmain without any License of Mortmain Any Law or Statute to the contrary notwithstanding Parsons and Vicars not having setled means of 100 l. per annum may purchase and annex lands or rents without license in Mortmain And be it further Enacted That if the setled Maintenance of such Parsonage Vicarages Churches and Chappels so united or of any other Parsonage or Vicarage with Cure in the Kingdom of England or Dominion of Wales shall not amount to the full sum of One hundred pounds per annum cléer and above all charges and reprises That then it shall be lawful for the Parson Vicar and Incumbent of the same and his successors to take receive and purchase to him and his successors Lands Tenements Rents Tythes or other Hereditaments without any License of Mortmain Any Law or Statute to the contrary notwithstanding CAP. IV. A Former Act for Regulating the Press
moneys as shall be paid by them in pursuance of this Act which Acquittances shall be a full Discharge to the said Head-collectors and Sub-collectors respectively Acquittances And the said Sub-collectors shall make and deliver to the said Head-collectors a perfect Schedule fairly written in Parchment under their hands and seals signed and allowed by any two or more of the respective Commissioners containing the names sirnames and places of abode of every person within their respective Collection that shall make default of payment of any of the sums that shall be Rated or Assessed on such person by vertue of this Act and the sum and sums charged on every such person The same Schedule to be delivered by the Head-collector to the Receiver-general of that County City Town or Liberty respectively to be by him returned into His Majesties Exchequer Whereupon every person so making default of payment may be charged by Process of the Court according to the course thereof in that behalf None shall be double charged for his Titles or degrees Provided always and be it Enacted That no person shall by vertue of this Act be doubly charged for or in respect of several Titles Honours or Degrées but that every such person shall be charged and assessed for such Title Honour or Degrée onely as is Highest Rated by this Act. Not Letters Patents of Exemption allowable against this Taxe And be it further Enacted by the Authority aforesaid That no Letters Patents granted by the Kings Majesty or any of His Royal Progenitors or to be granted by His Majesty to any person or persons Cities Boroughs or Towns corporate within this Realm of any manner of Liberties Priviledges or Exemptions from Subsidies Toll Taxes Assessments or Aids shall be construed or taken to exempt any person or persons City Borough or Town-corporate or any the Inhabitants of the same from the burthen and charge of any sum or sums of money granted by this Act or any other Act of this Parliament now in force to the Aid and Supply of His Majesty in the present War And all Non-obstantes in any such Letters Patents made or to be made in bar of any Act or Acts of Parliament for the supply or assistance of His Majesty are hereby declared to be void and of none effect Non obstante Any such Letters Patents Grants or Chatter or any Clause of Non obstante or other matter or thing therein contained or any Law or Statute to the contrary notwithstanding No former Receiver not having accompted may be a receiver upon this Act. Provided always and be it Enacted by the Authority aforesaid That if any person being a Receiver of money due upon any former Act of this present Parliament not having accompted for all the moneys by him received and to be accompted for upon such Act or Acts before Michaelmas One thousand six hundred sixty six shall be appointed Receiver for any the moneys due by this Act and shall intermeddle therein every such person shall forfeit the sum of Five hundred pounds to be recovered by any person or persons that will sue for the same in any of His Majesties Courts of Record by Action of Debt Bill Plaint or other Information wherein no Essoyn Protection Wager of Law Aid Prayer Priviledge Injunction or Order of Restraint shall be in any wise prayed granted or allowed nor any more then one Imparlance Provided always And be it Enacted That Thirty thousand pounds and no more of the money to be raised by this Act How Peers shall be rated may be applyed for the payment of His Majesties Guards Provided nevertheless And be it further Enacted That all and every the Péers who are to be rated by vertue of this Act for their Offices and personal Estates shall be rated by John Lord Roberts Lord Kéeper of the Privy Seal George Duke of Buckingham George Duke of Albemarle General of His Majesties Forces by Sea and Land Edward Earl of Manchester Lord Chamberlain of his Majesties Houshold Anthony Earl of Kent Richard Earl of Dorset John Earl of Bridgewater James Earl of Northampton Oliver Earl of Bolingbrook Thomas Earl Rivers Arthur Earl of Essex Arthur Earl of Anglesey Charles Earl of Carlisle William Earl of Craven Richard Lord Archbishop of York Humphrey Lord Bishop of London George Lord Bishop of Winchester Benjamin Lord Bishop of Lincoln Seth Lord Bishop of Exeter Edward Lord Bishop of Carlisle John Lord Bishop of Rochester Henry Lord Arlington one of His Majesties Principal Secretaries of State George Lord Berkley of Berkley-Castle Philip Lord Wharton Charles Lord Howard of Charlton William Lord Grey of Wark Francis Lord Newport John Lord Lucas John Lord Bellasyse Charles Lord Gerard of Brandon Charles Lord Cornwallis and Anthony Lord Ashley Chancellour and Vnder-treasurer of His Majesties Exchequer or any five of them and not otherwise and shall not be Subject to the Imprisonment of his or their Persons Any thing in this Act contained to the contrary in any wise notwithstandding And to the intent that all Moneys to be lent to Your Majesty and the Moneys that shall be due upon Contracts for Wares Ships Goods Victuals or other Necessaries which shall be delivered for this Service may be well and sufficiently secured out of the Moneys arising and payable by this Act. Be it further Enacted by the Authority aforesaid How moneys sent o●●ares advanced upon this Act may be secu●ed That there shall be provided and kept in Your Majesties Exchequer to wit in the Office of the Auditor of the Receipt One Book or Register in which all Moneys that shall be paid into the Exchequer shall be Entred and Registred apart and distinct from all other Moneys paid or payable to Your Majesty or to Your Heirs or Successors upon any other Branch of Your Revenue or upon other Accompt whatsoever And that there be one other Book or Registry provided and kept in the said Office of all Orders and Warrants to be made by the Lord Treasurer and Vnder-Treasurer or by the Commissioners of the Treasury for the time being for payment of all and every sum and sums of Moneys to all persons for Moneys lent Wares Goods or Victuals or other Necessaries bought or Ships hired or other payments directed by Your Majesty relating to the service of this War And that no Moneys leviable by this Act be issued out of the Exchequer during this War but by such Order or Warrant mentioning That the Moneys payable by such Order or Warrant are for the service of Your Majesty in the said War respectively That also there be the like Book or Registry provided and kept by the said Auditor of all Moneys paid out or issued by vertue of such Orders and Warrants And that it shall be lawful for any person or persons willing to lend any Money or to furnish any Wares Victuals Ships Goods or other Necessaries on the Credit of this Act at the usual times when the
fol. 25. EXP. 26 An Act for the Raising of Mariners and Saylers for the Guarding of the Seas and his Majesties Kingdoms Cap. 26. fol. 25. EXP. 27 An Act for the dis-enabling all persons in Holy Orders to exercise any Temporal Jurisdiction or Authority Cap. 27. fol. 25. Rep. 13 Car. 1. cap. 2. 28 An Act for the Raising of Souldiers for the defence of England Ireland Cap. 28. fol. 25. EXP. 29 A Subsidy granted to the King of Tunnage and Poundage and other Sums of money payable upon Merchandizes Exportable and Importable Cap. 29. fol. 25. EXP. 30 An Act for a Contribution and Loan for the distressed people of Ireland Cap. 30. fol. 25. EXP. 31 A Subsidy granted to the King of Tunnage and Poundage and other Sums of money payable upon Merchandise Cap. 31. fol. 25. EXP. 32 An Act for the Raising of 400000 l. for the Defence of England and Ireland and for payment of Debts undertaken by the Parliament Cap. 32. fol. 25. EXP. 33 An Act for the Reducing the Rebels in Ireland to their obedience to his Majesty and the Crown of England Cap. 33. fol. 25. EXP. 34 An Act for Explanation of a former Act for Reducing the Rebels in Ireland Cap. 34. fol. 25. EXP. 35 An Act to enable Corporations to adventure in Ireland Cap. 35. fol. 25. EXP. 36 A Subsidy granted to the King of Tunnage and Poundage and other Sums of money payable upon Merchandise to be Exported and Imported Cap. 36. fol. 25. EXP. 37 An Act for the further Reducing the Rebels in Ireland to their obedience to the King and Crown of England Cap. 35. fol. 25. EXP. Anno Duodecimo Caroli Secundi Regis Angliae c. 1. AN Act for removing and preventing all Questions and Disputes concerning the Assembling and Sitting of this present Parliament Cap. 1. Fol. 26. 2 An Act for putting in Execution an Ordinance mentioned in the said Act for an Assessment of 70000 l. per mensem for 3. moneths EXP. Cap. 2. fol. 26. 3 An Act for the continuance of Process and Judicial proceedings cap. 3. fol. 27. 4 A Subsidy granted to the King of Tunnage and Poundage and other sums of money payable upon Merchandize Exported and Imported Cap. 4. fol. 28. 5 An Act for continuing the Excize until the 20th of August 1660. Cap. 5. fol. 30. EXP. See 13 Car. 2. cap. 7. 6 An Act for the present nominating of Commissioners of Sewers Cap. 6. fol. 30. 7 An Act for Restoring unto James Marquess of Ormond all his Honors Manors Lands and Tenements whereof he was in Possession on the 23th day of October 1641. or at any time since Cap. 7. fol. 30. PR 8 An Act for continuing of the Excise till the 25th day of Decemb. 1660. Cap. 8. fol. 31. EXP. See 13 Car. 2. cap. 7. 9 An Act for the speedy Provision of Money for Disbanding and Paying off the Forces of this Kingdom both by Land and Sea Cap. 9. fol. 31. EXP. 10 An Act for Supplying and Explaining certain Defects in an Act Entituled An Act for the speedy Provision of Money for Disbanding and Paying off the Forces of this Kingdom both by Land and Sea Cap. 10. fol. 31. 11 An Act of Free and General Pardon Indempnity and Oblivion Cap. 11. fol. 31. 12 An Act for Confirmation of Judicial Proceedings Cap. 12. fol. 39. 13 An Act for Restraining the taking of Excessive Usury Cap. 13. fol. 42. 14 An Act for a perpetual Anniversary Thanksgiving on the 29th day of May Cap. 14. fol. 42. 15 An Act for the speedy Disbanding of the Army and Garrisons of this Kingdom Cap. 15. fol. 43. 16 An Act for enabling the Souldiers of the Army now to be Disbanded to Exercise Trades Cap. 16. fol. 43. 17 An Act for the Confirming and Restoring of Ministers Cap. 17. fol. 44. 18 An Act for the Encouraging and Increasing of Shipping and Navigation Cap. 18. fol. 44. 19 An Act to prevent Frauds and Concealments of His Majesties Customs and Subsidies Cap. 19. fol. 49. 20 An Act for raising Sevenscore thousand pounds for the compleat Disbanding of the whole Army and paying off some part of the Navy Cap. 20. fol. 49. EXP. See Stat. 13 Car. 2. cap. 6. 21 An Act for the speedy raising of Seventy thousand pounds for the present supply of his Majesty Cap. 21. fol. 49. EXP. See 13 Car. 2. cap. 6. 10. 22 An Act for the Regulating the Trade of Bay-making in the Dutch Bay-Hall in Colchester Cap. 22. fol. 49. 23 A Grant of certain Impositions upon Beer Ale and other Liquors for the encrease of his Majesties Revenue during life Cap. 23. fol. 49. 24 An Act for taking away the Court of Wards and Liveries and Tenures in Capite and by Knights-Service and Purveyance and for setling a Revenue upon his Majesty in lieu thereof Cap. 24. fol. 54. 25. An Act for the better Ordering the selling of Wines by Retayl and for preventing abuses in the mingling corrupting and vitiating of Wines and for setting and limiting the prices of the same Cap. 25. fol. 61. 26 An Act for the Levying of the arrears of the Twelve moneths Assessment commencing the 24th of June 1659. and the Six moneths Assessments commencing the 25th of December 1659. Cap. 26. fol. 63. EXP. See 13 Car. 2. cap. 7. 27 An Act for granting unto the Kings Majesty Four hundred and twenty thousand pounds by an Assessment of Threescore and ten thousand pounds by the moneth for 6 moneths for Disbanding the remainder of the Army and paying off the Navy Cap. 27. fol. 63. EXP. 28 An Act for further Supplying and Explaining certain defects in an Act Entituled An Act for the speedy Provision of Money for Disbanding and Paying off the Forces of this Kingdom both by Land and Sea Cap. 28. fol. 63. EXP. 29 An Act for the Raising of Seventy thousand pounds for the further Supply of his Majesty Cap. 29. fol. 63. EXP. 30 An Act for the Attainder of several persons guilty of the horrid Murther of his late Sacred Majesty King Charles the First Cap. 30. fol. 64. 31 An Act for Confirmation of Leases and Grants from Colledges and Hospitals Cap. 31. fol. 67. 32 An Act for Prohibiting the Exportation of Wooll Woolfells Fullers Earth or any kinds of scouring Earth Cap. 32. fol. 67. 33 An Act for Confirmation of Marriages Cap. 33. fol. 69. 34 An Act for Prohibiting the Planting Setting or Sowing of Tobacco in England and Ireland Cap. 34. fol. 70. 35 An Act for Erecting and Establishing a Post-Office Cap. 35. fol. 71. 36 An Act impowring the Master of the Rolls for the time being to make Leases for years in order to new build the old Houses belonging to the Rolls Cap. 36. fol. 74. 37 An Act for making the Precinct of Covent-Garden Parochial PR Cap. 37. fol. 74. Private Acts. AN Act for the restoring of Henry Lord Arundel of Warder to the possession of his estate An Act for the restitution of Thomas Earl
against him for discharging such prisoner Delayes in Suites by reason of 15 dayes between the Teste and Retorn of writs remedyed in actions personall And whereas very many Suits Commenced by Original Writs have béen protracted and long delayed from Iudgment and Execution by reason of the necessity of having fiftéen dayes at the least betwéen the dayes of the Teste and the dayes of Return of Writs now used in personal Actions and also in Actions of Ejectione Firmae for Lands and Tenements For remedy thereof and for the more easie expediting Trials and the better and more spéedy executing of Iudgments for the time to come Be it further Enacted by the Authority aforesaid That in all Actions of Debt and all other personal Actions whatsoever and also in all Actions of Ejectione firmae Ejectione firmae for Lands or Tenements now depending or which at any time hereafter shall be depending by Original Writ in either of His Majesties Courts aforesaid after any issue therein ioyned to be tried by a Iury and also after any Iudgment had or obtained or to be had or obtained in either of the Courts aforesaid Venire facias Habeas Corpora Jurator Distringas Jurator Fieri fac Capias ad satisfaciendum Capias ad satisfaciendum where Exigent lyeth after Iudgment or to make the Bail appear excepted 3. Jac. cap. 8. Touching staying executions by Supersedeas or Writs of Errour and what actions it may be stayd There shall not néed to be fiftéen dayes betwéen the Teste day and the day of Retorn of any Writ or Writs of Venire facias Habeas Corpora Juratorum or Distringas Juratores Writs of Fieri facias or Writs of Capias ad satisfaciendum and that the want of Fiftéen dayes between the Teste day and the day of Retorn of any such Writ shall not be nor shall be assigned taken or adjudged to be any matter or Cause of Errour any Law Custome Statute Course or Vsage to the contrary thereof in any wise notwithstanding Provided nevertheless that this Act nor any thing therein contained shall not Extend or be construed to Extend to any Writ of Capias ad Satisfaciendum whereon a Writ of Exigent after Iudgment is to be awarded nor to Capias ad Satisfaciendum against the Defendant in Order to make any Bail liable but that the same continue and be as if this Act had never béen made And whereas by an Act of Parliament made in the third year of the Reign of our late Soveraign Lord King James of Blessed Memory a very good Law was made for avoiding unnecessary delayes of Execution Whereby it is Enacted That no Execution shall be stayed or delayed upon or by any Writ of Errour or Supersedeas thereupon to be sued for the reversing of any Iudgment to be given in any Action or Bill of Debt upon any single Bond for Debt or upon any Obligation with Condition for payment of money onely or upon Action or Bill of Debt for Rent or upon any Contract sued in any of His Highness Courts of Record at Westminster or in the Counties Palatine of Chester Lancaster or Durham or in His Highness Courts of Great Sessions in any of the Twelve Shires of Wales unless such person or persons in whose name or names such Writ of Error shall be brought with two sufficient Sureties such as the Court wherein such Iudgment is or shall be given shall allow of shall first before such stay made or Supersedeas to be awarded be bound to the party for whom any such Iudgment was or should be given by Recognizance to be acknowledged in the same Court in double the sum adiudged to be recovered by the said former Iudgment to prosecute the said Writ of Error with effect and also to satisfie and pay if the said Iudgment shall be affirmed all and singular the Debts Damages and Costs adjudged or to be adjudged upon the former Iudgment And all Costs and Damages to be also awarded for the same delaying of Execution which Law hath béen found by experience to be very good and beneficial to the Common-Wealth And forasmuch as divers other Cases within the same mischief by delayes and staying of Execution by Writs of Error and Supersedeas thereupon are not provided for by the said Statute For further remedy against delayes and staying of Executions in the several Actions hereafter specified Be it further Enacted and Ordained by the Authority aforesaid In what Actions execution may be stayed by writ of Error by this Statute That from and after the twentieth day of January in the year of our Lord One thousand six hundred sixty and one no Execution shall be stayed in any of the Courts aforesaid by any Writ or Writs of Error or Supersedeas thereupon after any Verdict and Iudgment thereupon obtained in any Action of Debt grounded upon the Statute made in the second year of the Reign of the late King Edward the sixth for not setting forth of Tythes nor in any Action upon the Case upon any promise for payment of money Actions sur Trover Action of Covenant Detinue and Trespass unless such Recognizance and in such manner as by the said recited former Act is directed shall be first acknowledged in the said Court where such Iudgment is given And be it also Enacted by the Authority aforesaid The Defendant to have double Costs for delays of his Execution by writ of Error That if any person or persons after the said day shall Sue or Prosecute any Writ or Writs of Error for Reversal of any Iudgment whatsoever given after any Verdict in any of the Courts aforesaid and the said Iudgment shall afterwards be affirmed then every such person or persons shall pay unto the Defendant or Defendants in the said Writ or Writs of Error his or their double Costs to be assessed by the Court where such Writ of Error shall be depending for the delaying of Execution Provided nevertheless that this Act nor any thing therein contained Popular actions or upon a penal Law Indictments c. not within this Statute shall not extend to any Action Popular nor unto any other Action which is or hereafter shall be brought upon any penal Law or Statute except Debt for not setting out Tythes as aforesaid nor to any Indictment Presentment Inquisition Information or Appeal any thing herein before expressed to the contrary thereof notwithstanding CAP. III. An Act for Granting unto the Kings Majesty Twelve hundred and threescore thousand pounds to be Assessed and Levied by an Assessment of Threescore and ten thousand pounds by the Moneth for Eighteen Moneths EXP. CAP. IV. For enabling the Kings Majesty to make Leases Grants and Copies of Offices Lands Tenements and Hereditaments parcel of his Highness Dutchy of Cornwall or annexed to the same and for Confirmation of Leases and Grants already made WHereas a great part of the Lands part of and annexed to the Dutchy of Cornwall Stat. 22 Jac.