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 3â— 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 haâ—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 â—â—eâ—r the penalty provided by 2 Jac. â— 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
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 diâ—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 conâ—â—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
Sir Seymour Shirley Baronet An Act for Setling the Moyety of the Mannor of Iron Acton on Sir John Pointz An Act for Setling an Estate in Trust for the benefit of Mistress Elizabeth Pride and her Children An Act for the Ascertaining the Bounds of the several Rectories of Swaffham St. Ciriac and of Swaffham St. Maries within the Town of Swaffham Prior in the County of Cambridge and for the Uniting of the two Churches there An Act for the Restoring of Francis Scawen Gent. in Bloud An Act for Naturalizing Dame Mary Frazer and others An Act to Enable a Sale of Lands for payment of the Debts of Henry Kendall Esquire An Act for Setling part of the Lands of Henry Mildmay Esquire deceased for payment of his Debts and making Provision for his Children An Act to Enable Leicester Grosvenor and his Trustees to Sell certain Lands for payment of Debts Anno Reg. CAROLI Regis Angliae Scotiae Franciae Hiberniae Primo AT the Parliament begun at Westminster the Eighteenth day of June Anno Dom. 1625. in the first year of the Reign of our most gracious Soveraign Lord CHARLES by the grace of God of Great Britain France and Ireland King Defender of the Faith c. And there continued untill the Eleventh day of July following and then adjourned until the first day of August following unto Oxford To the high pleasure of Almighty God and to the Weal publick of this Realm were enacted as followeth CAP. I. There shall be no Assemblies for unlawful Pastimes upon the Lords Day FOrasmuch as there is nothing more acceptable to God than the true and sincere Service and Worship of him according to his holy Will and that the holy kéeping of the Lords Day is a principal part of the true Service of God which in very many places of this Realm hath béen and now is prophaned and neglected by a disorderly sort of people in exercising and frequenting Bear-baiting Bull-baiting Enterludes common Playes and other unlawful Exercises and pastimes upon the Lords Day And for that many quarrels blood-sheds and other great inconveniences have grown by the resort and concourse of people going out of their own Parishes to such disordered and unlawful exercises and pastimes neglecting Divine Service both in their own Parishes and elsewhere Be it enacted by the Kings most excellent Majesty the Lords Spiritual and â—emporal and the Commons in this present Parliament assembled and by the authority of the same Vnlawful Writings and Pastimes on the Lords Day forbidden That from and after forty dayes next after the end of this Session of Parliament there shall be no méetings assemblies or concourse of people out of their own Parishes on the Lords Day within this Realm of England or any the Dominions thereof for any sports and pastimes whatsoever nor any Bear-baiting Bull-baiting Enterludes common Plays or other unlawful exercises and pastimes used by any person or persons within their own Parishes Every person using any unlawfull pastimes on the Lords Day shall forfeit 3 s. 4 d. to the poor of the Parish and that every person or persons offending in any the premisses shall forfeit for every offence thrée shillings four pence The same to be employed and converted to the use of the poor of the Parish where such offence shall be committed And that if any one Iustice of the Peace of the County or the chief Officer or Officers of any City Borough or Town corporate where such offence shall be committed upon his or their view or confession of the party or proof of any one or more witness by oath which the said Iustice or chief Officer or Officers shall by vertue of this Act have authority to minister shall find any person offending in the premisses the said Iustice or chief Officer or Officers shall give Warrant under his or their hand and seal to the Constables or Church-wardens of the Parish or Parishes where such offence shall be committed After conviction by Warrant from a Iustice c. the Constables c. may levy the Pâ—naâ—â—s c. General â—ssâ—â— Limitation of this actâ—on The Ecclesiastical â—â—â—â—â—diction 〈◊〉 abridgeâ— to levy the said penalty so to be assessed by way of distress and sale of the goods of every such offendor rendring to the said offendors the overplus of the money raised of the said goods so to be sold And in default of such distress that the party offending be set publickly in the stocks by the space of thrée hours And that if any man be sued or impeached for execution of this Law he shall and may plead the general Issue and give the said matter of Iustification in evidence Provided That no man be impeached by this Act except he be called in question within one moneth next after the said offence committed Provided also That the Ecclesiastical Iurisdiction within this Realm or any the Dominions thereof by vertue of this Act or any thing therein contained shall not be abridged but that the Ecclesiastical Court may punish the said offences as if this Act had not béen made This Act to continue until the end of the first Session of the next Parliament and no longer 3 Car. 4. continued until the end of the first Session of the next Parliament Stat. 3 Car. 1. 17 Car. cap. 4. continued until other Order by Parliament CAP. II. All Leases to be made within three years by the Kings Majesty of the Dutchy-Lands of Cornwall confirmed WHereas the King our Soveraign Lord being in the life-time of his Royal Father of blessed memory seized of the said Dukedom of Cornwall did bargain and contract for Leases and Estates to be made of divers Messuages Lands Tenements and Hereditaments parcel of the said Dukedom of Cornwall which Leases and Estates his Majesty was enabled to have made in his Fathers life-time by an Act of Parliament made in the last Session of Parliament intituled An Act to enable the most excellent Prince Charles to make Leases of Lands 21 Jac. 29. parcell of his Highness Dutchy of Cornwall or annexed to the same And because his Majestie having received divers Fines and summes of Money according to the said Contracts and having entred into Treaty with divers others for like Estates the finishing of which Contracts and making the said Leases was prevented by his Majesties access to the Imperial Crown of this Realm is graciously pleased for the good of his poor Tenants of the said Dutchy Lands to procéed to the full accomplishment of the Contracts and Leases of the premisses All Leases to be made within three years by the King of the Dutchy Lands of Cornwall if all be good Be it therefore Enacted by our said Soveraign Lord the King the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of this present Parliament That all Leases to be made within the space of thrée years next ensuing by our said Soveraign Lord the King by Letters
que use Cestuy que trust and every of them their Heirs Executors Administrators and Assigns respectively as if this Act had not béen made and as if the said person or persons had not béen excepted attainted or convicted Any Law Statute Vsage or Custome to the contrary thereof in any wise notwithstanding Provided alwayes That this Act nor any thing therein contained Fabric◠Lands Church Goods and Vtensils shall not extend to Indempnifie any person or persons whatsoever who have entred into any Messuage Lands Tenements and Hereditaments called Fabrick Lands or possest themselves of any Rent or Revenues given for the repair of any Cathedral or other Church or who have Sacrilegiously enriched themselves by converting the Plate or Vtensils and Materials of or belonging to such Churches to their own private use and advantage for or in respect of the said Crimes onely Stat. 13 Car. 2. cap. 7. CAP. XII Which Judicial Proceedings shall be good and effectual in Law and which not BE it Enacted and it is Enacted by His Majesty and the Lords and Commons in Parliament assembled and by the Authority of the same That no Fines nor final Concords Which Acts and Proceedings shall not be avoided Chirographs nor Proclamations of Fines nor any Recoveries Verdicts Iudgments Statutes Recognizances nor Inrolments of any Déeds or Wills or of any such Fines Proclamations Recoveries Verdicts Iudgments Statutes or Recognizances nor any Exemplifications of them nor any of them nor any Inquisitions Indictments Presentments Informations Decrées Sentences Probats of Wills nor Letters of Administration nor any Writs or Actings on or Returns of Writs Orders or other Procéedings in Law or Equity had made given taken or done or depending in the Courts of Chancery Kings-Bench Vpper Bench Common-Pleas and Court of Exchequer and Courts of Exchequer-Chamber or any of them sitting at Westminster or in the Courts of the Great Sessions in Wales the Courts of any Counties Palatine or Dutchy of Lancaster or Town of Berwick upon Tweed or in any other inferiour Courts of Law or Equity or by any the Iudges Clerks Officers Sheriffs Coroners or Ministers or others Acting in Obedience to them or any of them or by any the Courts of Admiralty Delegates Iustices of Assize Nisi Prius Oyer and Terminer Gaol-Delivery Iustices of the Peace Commissioners of Sewers Bankrupts or Charitable Vses nor any Actings Process Procéedings nor Executions thereupon had made given done or suffered in the Kingdom of England since the First of May One thousand six hundred forty two shall be avoided for want or defect of any Legal Power in the said Courts Iudges Commissioners Iustices or any of them or for or by reason that the Premisses or any of them were commenced prosecuted had made held or used in the Name Stile or Title of the late King or in the Name Stile Title or Test of Custodes Libertatis Angliae Authoritate Parliamenti Or in the Name Stile Title or Test of The Keepers of the Liberty of England by Authority of Parliament Or in the Name Stile Title or Test of Oliver Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions thereunto belonging Or of Oliver Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging Or the Name Stile Title or Test of Richard Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging or for or by reason of any alteration of the said Names Stiles or Titles Or for that the said Fines Recoveries Process Pleadings Procéedings and other things before mentioned Or the Entry and Enrolment of them or any of them were in the Latine or English But that all and every such Fines Recoveries and other things above mentioned and the Actings Doings and Procéedings thereupon shall be of such and of no other Force Effect and Vertue then as if such Courts Iudges Iustices Commissioners Officers and Ministers had acted by vertue of a True Iust and Legal Authority and as if the same and the Entry and Enrolment thereof were in Latine and as if the several Acts and Ordinances or pretended Acts or Ordinances made by both or either Houses of Parliament or any Convention assembled under the name of a Parliament or by Oliver Cromwell late stiled Protector of the Commonwealth of England Scotland and Ireland and the Dominions thereto belonging and his Council Warranting or Directing such Procéedings had béen Good True and Effectual Acts of Parliament Fines Levied without Entry of Licentia concordandi And whereas since the death of the late King several Fines have béen Levied without any Entry or due Entring of any sum paid pro licentia concordandi commonly called the Kings Silver and without Entry or due Entry of any sum given to the party for the Concord And also whereas in the Term of St. Michael last past several Fines were Levied and Recorded in the Court of Common Pleas before one Iudge onely of the said Court Be it Enacted That the said Fines and Proclamations thereupon and every of them shall be good and effectual notwithstanding the defects aforesaid Fines and Recoveries of Lands in Com Palatin Durham And be it also further Enacted That all Fines Proclamations of Fines Recoveries and other Iudicial procéedings in the Court of Common Pleas at Westminster since the death of His late Majesty King Charles the First Had Levied or Suffered of any Lands lying in the County Palatine of Durham shall be good and effectual notwithstanding the said Lands were lying in the said County Palatine The Illegal Acts and Proceedings of that High Court of Iustice not allowed Provided That this Act or any thing there in contained shall not be Construed Deemed or Adjudged to make good allow confirm or countenance any the Procéedings in the late Illegal and Vn-warranted High Courts of Iustice or so called or any of them And whereas since the first day of May in the year of our Lord One thousand six hundred forty one and before the Five and twentieth day of April in the year of our Lord One thousand six hundred and sixty there were divers persons that Adhered to both Houses of Parliament who for or in respect of such their adherence were Indicted Charged or Impeached of Treason And whereas since the said first Day of May in the Year of our Lord One thousand six Hundred Forty one and before the said Five and twentieth day of April in the Year of our Lord One thousand six hundred and sixty divers persons who adhered to His Majesty or to the late King were for such their adherence Charged Impeached or Indicted of High Treason Indictments c. and all Grants thereupon made void Be it further Provided and Enacted That the said Charges Impeachments Indictments and all Exigents Outlawries Convictions and Attainders thereupon and all Letters Patents and Grants thereupon made of any Manors Lands Tenements or
possible for the enemies of God and the King to bring upon us whilst the Fanatick Rage of a few Miscreants who were as far from being true Protestants as they were from being true Subjects stands imputed by our Adversaries to the whole Nation We therefore your Majesties said dutiful and Loyal Subjects the Lords and Commons in Parliament Assembled do hereby renounce abominate and protest against that Impious fact the execrable Murther and most unparallel'd Treason committed against the Sacred person and life of our said late Soveraign Your Maiesties most Royal Father and all procéedings tending thereunto and do beséech Your most Excellent Majesty that it may be declared That by the undoubted and Fundamental Laws of this Kingdom neither the Péers of this Realm nor the Commons nor both together in Parliament nor the people collectively or representatively nor any other persons whatsoever ever had have hath or ought to have any Coercive power over the persons of the Kings of this Realm And for the better vindication of our selves to posterity and as a lasting Monument of our otherwise inexpressible detestation and abhorrency of this villanous and abominable Fact We do further beséech Your most Excellent Majesty that it may be Enacted And be it hereby Enacted by the Kings most Excellent Majesty A yearly Anniversary of Humiliation on the â—0th of Ian. for ever by and with the advice and consent of the Lords and Commons in this present Parliament Assembled That every thirtieth day of January unless it falls out to be upon the Lords day and then the day next following shall be for ever hereafter set apart to be kept and observed in all the Churches and Chappels of these Your Majesties Kingdoms of England and Ireland Dominion of Wales and Town of Berwick upon Tweed and the Isles of Jersey and Guernsey and all other Your Majesties Dominions as an Anniversary day of Fasting and Humiliation to implore the Mercy of God that neither the guilt of that Sacred and Innocent Blood nor those other sins by which God was provoked to deliver up both us and our King into the hands of cruel and unreasonable men The attainder of the persons actively instrumental in the Murther of his late Majesty may at any time hereafter be visited upon us or our posterity And whereas Oliver Cromwel deceased Henry Ireton deceased John Bradshaw deceased and Thomas Pride deceased John Lisle William Say Sir Hardress Waller Valentine Wauton Thomas Harrison Edward Whalley William Heveningham Isaac Penington Henry Martin John Barkstead Gilbert Millington Edmund Ludlow Sir Michael Livesey Robert Titchbourn Owen Row Robert Lilburn Adrian Scroop John Okey John Hewson William Goffe Cornelius Holland Thomas Challoner John Carew John Jones Miles Corbet Henry Smith Gregory Clement Thomas Wogan Edmond Harvy Thomas Scot William Cawley John Downs Nicholas Love Vincent Potter Augustine Garland John Dixwel George Fleetwood Simon Meyne James Temple Peter Temple Daniel Blagrave Thomas Wayte John Cook Andrew Broughton Edward Dendy William Hewlet Hugh Peters Francis Hacker Daniel Axtel are notoriously known to have béen wicked and active Instruments in the prosecution and compassing that Trayterous Murther of his late Majesty for which the said Sir Hardress Waller Thomas Harrison William Heveningham Isaac Penington Henry Martin The names of the persons cryed and legally attainted Gilbert Millington Robert Titchbourn Owen Row Robert Lilbourn Adrian Scroop John Carew John Jones Henry Smith Gregory Clement Edmond Harvy Thomas Scot John Downs Vincent Potter Augustine Garland George Fleetwood Simon Meyne James Temple Peter Temple Thomas Wayte John Cook William Hewlet Hugh Peters Francis Hacker and Daniel Axtel have already received their Tryal at Law and by Verdict or their own Confession have béen convicted and by Iudgment of Law thereupon had do now stand duly and legally attainted of whom ten persons that is to say Thomas Harrison Adrian Scroop John Carew John Jones Thomas Scot The ten persons executed Gregory Clement John Cook Hugh Peters Francis Hacker and Daniel Axtel have most deservedly suffered the pains of death and béen executed according to Law and the said John Lisle The persons fled William Say Valentine Wauton Edward Whalley John Barkstead Edmond Ludlow Sir Michael Livesey John Okey John Hewson William Goffe Cornelius Holland Thomas Challoner Miles Corbet William Cawley Nicholas Love John Dixwell Daniel Blagrave Andrew Broughton and Edward Dendy are fled from Iustice not daring to abide a Legal Tryal May it therefore please your Majesty that it may be Enacted And be it Enacted by the Authority of this present Parliament The persons dead before they could be brought to tryal attainted The persons fled attainted That the said Oliver Cromwell deceased Henry Ireton deceased John Bradshaw deceased and Thomas Pride deceased shall by vertue of this Act be adjudged to be Convicted and Attainted of High Treason to all intents and purposes as if they and every of them respectively had béen Attainted in their lives And also that John Lisle William Say Valentine Wanton 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 Daniel Blagrave Andrew Broughton Edward Dendy and every of them stand and be adjudged and by Authority of this present Act Convicted and Attainted of High Treason Their Lands Tenements c. forfeited vested in his Majesty And that all and every the Manors Messuages Lands Tenements Rents Reversions Remainders Possessions Rights Conditions Interests Offices Fées Annuities and all other the Hereditaments Leases for years Chastels real and other things of that nature whatsoever they be of them the said Oliver Cromwell Henry Ireton John Bradshaw Thomas Pride 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 Daniel Blagrave 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 Lilbourn Henry Smith Edmond Harvey John Downs Vincent Potter Augustine Garland George Fleetwood Simon Meyne James Temple Peter Temple Thomas Wayte 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 Whereof they were seised or any for them 25 March 1646. 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
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
and Sewers about London and Westminster shall be repaired and kept and several Streets enlarged 13 Car. 2. 2. Stat. 3. 2 The repairing and enlarging High-ways throughout the Kingdom 14 Car. 2. 6. How the High-ways in the Counties of Hertford Cambridge and Huntington shall be repaired 15 Car. 2. 1. 16 17 Car. 2. 10. Hospitals See Leases Hunting See Forest and Deer JEoâ—ailes See Delays Indempnity See Pardon Ireland 1 Several Statutes for Reducing the Rebels in Ireland 17 Car. 1. 33. c. EXP. Judgment See Execution Delays Error Judicial proceedings 1 Which Process Judicial proceedings in the late times be made good and which not 12 Car. 2. 3. 12 Car. 2. 12. Jurors 1 Of what ability in Free-hold Lands Jurors for tryal of Issues shall be 16 17 Car. 2. 3. 2 No party-Jurors in tryals for Customs due upon Merchandize 14 Car. 2.11 3 Challenges of Jurors who are Lessees for lives ibid. 4 Issues lost by Jurors shall not be saved but by Order of the Judge 16 17 Car. 2. 3. See Lancaster King WHat Rates Inn-keepers shall take for provisions for the Kings Retinne in his Progress 13 Car. 2. 8. 2 See Carriages Knighthood 1 None shall be compelled to take the Order of Knighthood 17 Car. 1. 20. 2 The Kings Person and Government preserved against Treason and Seditious persons 13 Car. 2. 1. See Treason Lancaster 1 HOw Jury-men shall be summoned in the Dutchy of Lancaster 16 17 Car. 2. 3. See Dutchy Leases 1 What Leases to be made by the King of the Dutchy Lands in Cornwal shall be good and confirmed 1 Car. 1. 2. 2 Leases and Grants from Colledges and Hospitals confirmed 12 Car. 2. 31. 3 Leases made by the Master of the Rolls shall be good 12 Car. 2. 36. 4 Leases by the King of Lands and Tenements of the Dutchy of Cornwall confirmed and made good 13 Car. 2. 4. Stat. 2. See Estates Leather 1 The Exportation of Leather and Raw Hides out of England restrained 14 Car. 2. 7. 2 Exportation of Leather declared a Common Nusance ibid. 3 Leather used within London or 3. miles shall be searched and allowed by the Wardens of the Curriers ibid. Liberties 1 Petition and Declaration of divers Liberties of the People called the Petition of Right 3 Car. 1. London 1. Lights shall be hanged forth by the Inhabitants in the Streets in Winter 14 Car. 2. 2. 2. A judicature erected for hearing and determining all differences touching Houses burned and demolished in the Fire there 19 Car. 2. 2. 3. Rules setting forth the order and form to be observed in the Street and re-building of the City of London 19 Car. 2. 3. Madder 1 THe Statute for importing Madder pure and unmixed repealed 15 Car. 2. 16. Manufactures 1 Importing of Forreign Bonelace Cutwork imbroidery Fringe Bandstrings Buttons and Needle-work prohibited 14 Car. 2. 13. 2 The Silk-throwers London incorporated by Patent and the making of the manufacture regulated 14 Car. 2. 5. 3 The manufacture of making Linnen Cloth and Tapistry encouraged 15 Car. 2. 5. Marriages 1 The confirmation of divers Marriages and how issues upon such Marriages shall be joyned and tryed 12 Car. 2. 33. Marriners and Seamen See Ships and shipping Muket See Clerk of the Market Master of the Rolls See Leases Measures See Weights Merchants and Merchandize 1 Merchants strangers shall be well entreated 12 Car. 2. 4. 2 No Tax may be imposed upon Merchandize but by authority of Parliament ibid. 3. Aliens may not exercise the Trade of Merchants or Factors in Asia Africa or America 12 Car. 2. 8. 4 Encouragement of Merchants and Trade 14 Car. 2. 23. 5 Additional matters concerning pollicies of assurance amonst Merchants 14 Car. 2. 23. 6 Aliens Infants may not be Merchants 14 Car. 2. 11. See Ships and shipping Militia See Souldiers Minister 1 Certain Ministers confirmed and others restored to their Benefices 12 Car. 2. 17. Money 1 The penalty for melting currant Silver money 14 Car. 2. 31. 2 How Forreign Coyn and Bullion may be exported 15 Car. 2. 7. 3 Silver-plate or Gold brought to the Mint may be coyned gratis See Coynage Mos -Troopers See Scotland NAvy and Navigation See Ships and Shipping Norwich Stuffs 1. The making Stuffs in Norfolk and Norwish regulated 14 Car. 2. 5. Nusances 1 Nusances in High-ways to be removed 14 Car. 2. 6. 2 Transporting of Leather and Raw-hides declared a common Nusance 18 Car. 2. 1. 3 Importation of Cattel out of Ireland declared a common Nusance 14 Car. 2. 7. Oath THe Oath Ex officio taken away 17 Car. 1. 11. and 13 Car. 2. 12. 2 Certain penalties upon persons refusing to take a lawful oath 13 Car. 2. 1. stat 3. See Quakers See Dutchy Orders and Ordinances of Parliament See Parliament Pardon 1 THe Kings most gracious free and general Pardon indemnity and oblivion 12 Car. 2. 11. 2 All moneys and goods received in late usurpation not pardoned vested in the King 13 Car. 2. 3. 3 The pains and forfeitures upon divers offenders excepted in the act of general pardon 13 Car. 2. cap. 15. 4 The penalties upon Accomptants to the King not pardoned by the Act of Oblivion who shall not proceed and perfect their Accompts within a certain time 14 Car. 2. 16. Parliament 1 The Parliament begun 3 Nov. 16 Car. 1. declared to be dissolved and the penalty upon persons that shall hold or declare the contrary 12 Car. 2. 1. 2 Orders or ordinances of one or both houses of Parliament how not binding without the King 13 Car. 2. 1. 3 Priviledges of debates in Parliament for repeal or alteration of Laws or redress of publique greivances 13 Car. 2. 1. 4 Parliaments shall be held once in three years at the least 16 Car. 2. 1. 5 The Parliament of 12 Car. 2. confirmed 12 Car. 2. 1. Petition 1 The Petition of Right 3 Car. 1. 2 See Ecclesiastical c. Num. 5. 3 None may make unlawful Assemblies upon pretence of petitioning the King or Parliament to alter the Law c. 13 Car. 2. 5. Pilchard Fishing See Fishing Plague See Prisoners Poor 1 The occasion of the encrease of Poor and for their better relief 14 Car. 2. 12. 2 A Work-house at Exeter for relief of the poor there 19 Car. 2. 19. 3 Poor Officers and Souldiers relieved 14 Car. 2. 9. Poll-Money 1 Poll-money according to several Dignities and Degrees granted to His Majesty 18 Car. 2. 1. 19 Car. 2. 6. Pollices of Assurances See Merchants Ports See Dover Post-Office 1 A Post-Office erected for carriage and the several Prices of Letter from Inland and forreign places 12 Car. 2. 35. 2 The penalty upon Post-masters and Officers neglecting or not doing their Duties ibid. 3 The profits of the Post-Office setled upon his Royal Highness the Duke of York in tail 15 Car. 2. 14. Poundage See Tunnage Printing See Books Prize-Goods 1 Direction for prosecution of such as are accomptable for prize-goods 14 Car. 2. 14. 16
This Act to continue to the end of the first Session of the next Parliament St. 1 Car. 1. Continued and made perpetual 17 Car. cap. 4. CAP. II. A restraint of passage or sending any person beyond the Seas to be Popishly bred FOrasmuch as divers ill affected persons to the true Religion established within this Realm have sent their children into foreign parts to be bred up in Popery 1. Jac. 4. He that goes himself or sends any other beyond the seas to be trained up in Popery c. shall be disabled to sue c. and shall lose all his goods and shal forfeit all his lands c. for life Stat. 27 El. 2. Stat. 3 Jac. 5. notwithstanding the restraint thereof by the Statute made in the first year of the reign of our late Soveraign Lord King James of famous memory Be it Enacted That the said Statute shall be put in due execution And be it further Enacted by the Kings most excellent Majesty and the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same That in case any person or persons under the obedience of the King his heirs and Successors at any time after the end of this Session of Parliament shall pass or go or shall convey or send or cause to be sent or conveyed any Childe or other person out of any of the Kings Dominions into any the parts beyond Seas out of the Kings obedience to the intent and purpose to enter into or be resident or trained up in any Priory Abbey Nunnery Popish Vniversity Colledge or School or House of Iesuits Priests or in any private Popish Family and shall be there by any Iesuite Seminary Priest Friar Monk or other Popish person instructed perswaded or strengthned in the Popish Religion in any sort to profess the same or shall convey or send or cause to be conveyed or sent by the hands or means of any person whatsoever any sum or sums of Money or other thing for or towards the maintenance of any Childe or other person already gone or sent or to go or to be sent and trained and instructed as is aforsaid or under the name or colour of any Charity Benevolence or Alms towards the relief of any Priory Abbey Nunnery Colledge School or any Religious House whatsoever Every person so sending conveying or causing to be sent and conveyed as well any such Childe or other person as any sum or sums of Money or other thing and every person passing or being sent beyond the Seas being thereof lawfully convicted in or upon any Information presentment or Indictment as is aforesaid shall be disabled from thenceforth to sue or use any Action Bill Plaint or Information in course of Law or to prosecute any Suit in any Court of Equity or to be Committée of any Ward or Executor or Administrator to any person or capable of any Legacy or Déed or Gift or to bear any Office within the Realm and shall lose and forfeit all his Goods and Chattels and shall forfeit all his Lands Tenements and Hereditaments Rents Annuities Offices and Estates of Fréehold for and during his natural life A convert shall not incur the penalties aforesaid Stat. 27. El. 2. Provided always That no person sent or conveyed as aforesaid that shall within six moneths after his return into this Realm conform himself unto the present Religion established in this Church of England and receive the Sacrament of the Lords Supper according to the Statutes made concerning Conformity in other cases required from Popish Recusants shall incur any the penalties aforesaid And it is enacted That all and every of the Offences against this Statute may be inquired heard and determined before the Iustices of the Kings-Bench or Iustices of Assise or Gaol-delivery or of Oyer and Terminer of such Counties where the Offendors did last dwell or abide or whence they departed out of this Kingdom or where they were taken Provided also That if any person or Childe so passing or sent or now being beyond the Seas shall after his return into this Realm conform himself to the present Religion established in this Church of England and receive the Sacrament of the Lords Supper according to the Statutes made for or concerning Conformity in other cases required from Popish Recusants for and during such time as he or she shall so continue in such Conformity and obedience according to the true intent and meaning of the said Laws and Statutes shall have his or her Lands restored to them again CAP. III. The Forfeiture and Punishment of him that keeps an Alehouse without License VVHereas by an Act made in the fifth year of the reign of King Edward the sixth of famous memory intituled an Act for kéepers of Alehouses to be bound by Recognizance amongst other things ◠6. Ed. 6. 25 it is enacted That if any person or persons other then such as should be from thenceforth admitted and allowed by the Iustices mentioned in the said Act should after the day in the said Act limited obstinately and upon his own authority take upon him or them to kéep a common Alehouse or Tippling-house or should contrary to the commandment of the said Iustices or two of them use commonly selling of Ale or Béer That then the said Iustices of Peace or two of them whereof one to be of the Quorum should for every such offence commit every such person or persons so offending to the Common Gaol within the same Shire City Borough Town corporate Franchise or Liberty there to remain without bayl or mainprise by the space of thrée days And before his or their deliverance the said Iustices shall take recognizance of him or them so committed with two Sureties that he or they should not kéep any common Alehouse Tippling-house or use commonly selling of Ale or Béer as by the discretion of the said Iustices should séem convenient And the said Iustices should make Certificate of every such Recognizance and Offence at the next Quarter Sessions that should be holden within the same Shire City Borough Town corporate Franchise or Liberty where the same should be committed or done which Certificate should be a sufficient Conviction in Law of the same Offence And the said Iustices of Peace upon the said Certificate made should in open Sessions assess the Fine for every such Offence at twenty shillings as by the said Act may appear Which Law hath not wrought such Reformation as was intended for that the said Fine of twenty shillings is seldom levied and for that many of the said Offendors by reason of their poverty are neither able to pay the said Fine of twenty shillings nor yet to bear their own Charges of conveying them to the Gaol And moreover do leave a great charge of Wife and Children upon the Parishes wherein they live In regard whereof the Constables and other Officers are much discouraged in presenting them and the Offendors become
4. 20 R. 2. 2. and one other Statute made in the twentieth year of the reign of the late King Richard the second by which it is ordained that no Vaclets called Yeomen nor other of lesser estate than an Esquire shall use or bear any sign of Livery called Livery of Company of any Lord within the Realm And one Statute made in the first year of the reign of the late King Henry the fourth concerning giving of Liberies 7 H. 4. 7. 6 H. 4. 14. 13 H. 4. 3. 8 H. 6. 4. 8 Ed. 4. 2. 3 H. 7. 1. 3 H. 7. 12. A repeal of the 9 Statutes last mentioned And one statute made in the 7th year of the reign of the late King Hen. the 4th concerning giving of Liveries And one other Statute made in the 13th year of the reign of the late King Henry the fourth concerning giving of Liveries And one Statute made in the eighth year of the reign of the late King Henry the sixth concerning Liveries And one Statute made in the eighth year of the reign of the late King Edward the fourth concerning Liveries and so much of one Statute made in the third year of the reign of the late King Henry the seventh concerning the Star-Chamber as toucheth or concerneth the punishment of those that shall give or take Liveries And one other Statute made in the said third year concerning taking of Liveries by the Kings Officers and Farmers be from henceforth repealed And be it also enacted by authority of this Parliament 7 Jac. 20. continued untill the next Parliament that one Act of Parliament made in the seventh year of the reign of the late King James intituled An Act for the speedy recovery of many thousand Acres of marsh grounds and other grounds within the Counties of Norfolk and Suffolk lately surrounded by the rage of the Sea in divers parts of the said Counties and for the prevention of the danger of the like surrounding hereafter be continued and shall stand in force untill the end of the next Session of Parliament 17 Car. cap. 4. CAP. V. The Estates of the Tenants of Bromfield and Yale in the County of Denbigh and of the Tenures Rents and Services thereupon reserved according to the late composition made for the same with the Kings most Excellent Majesty then Prince of Wales ratified and confirmed PR CAP. VI. Five Subsidies granted by the Spiritualty EXP. CAP. VII Five Subsidies granted by the Temporalty Anno quarto Caroli Regis EXP. Anno Regni Caroli Regis Angliae Scotiae Franciae Hiberniae Decimo Sexto AT the Parliament begun at Westminster the third day of Novemb. An. Dom. 1640. In the sixteenth year of the Reign of CHARLES the first by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. To the High pleasure of Almighty God and to the weal publick of this Realm were Enacted as followeth CAP. I. Parliaments to be called and held every third year REP. ALT 16 Car. 2. cap. 1. CAP. II. A Grant of four entire Subsidies for the Relief of His Majesties Army and the Northern parts of the Kingdom EXP. CAP. III. Some things mistaken in the last Act reformed and the Acts of the Commissioners and other Officers by them appointed made good EXP. Anno decimo septimo Caroli Regis CAP. IV. A Grant of two Subsidies for the further Relief of His Majesties Army and the Northern parts of the Kingdom EXP. And divers Statutes continued ANd be it Enacted by the Authority aforesaid That the passing of this present Act Divers Statutes continued or of any other Act or Acts or his Majesties Royal Assent to them or any of them in this present Session of Parliament shall not be any determination of the said Session 3 Car. cap. 4. continued further and that all Statutes and Acts of Parliament which have their continuance or were by an Act of Parliament made in the third year of the Reign of his Majesty that now is intituled An Act for the Continuance and Repeal of divers Statutes continued untill the end of the first Session of the then next Parliament shall by vertue of this Act be adiudged ever since the Session of Parliament in the said third year to have been of such force and effect as the same were the last day of that Session and from thenceforth until some other Act of Parliament be made touching the continuance or discontinuance of the said Statutes and Acts in the said Act of the third year of his Majesties Reign continued as aforesaid CAP. V. The Lord Admiral and others by his authority may Raise and Impress Mariners Sailers and others for the present guarding of the Seas and necessary Defence of the Realm EXP. CAP. VI. Michaelmas Term abbreviated Inconvenience◠Michaelmas term being so soon after the feast of Saint Michael VVHereas the Term of S. Michael commonly called Michaelmas Term doth begin so soon after the Feast of Saint Michael that it is generally found to be very inconvenient to His Majesties Subjects both Nobles and others as well for the keeping of the Quarter Sessions next after the Feast of Saint Michael the Archangel and the keeping of their Léets Law-dayes and Court-Barons which they can by no means attend in regard of the necessity of their coming to the said Term so spéedily after the Feast of Saint Michael the Archangel to appear upon Iuries and to follow their Causes and Suits in the Law the same time being the chief time of all the year for the sowing of Land with Winter Corn and for the disposing and setting in order of all their Winter Husbandry and business and for the receiving and paying of Rents And in many parts of this Kingdom Harvest is seldom or never Inned till three wéeks after the said Feast Therefore the Kings most Excellent Majesty out of the Princely care that he hath of all his loving Subjects having a special care to the encrease and continuance of their wealth and good Estates by the assent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the authority of the same Ordaineth Enacteth and Establisheth That in the said Michaelmas Term there shall be six common dayes of Return only and not above that is to say The first day of Return thereof shall be and be called A die Sancti Michaelis in tres Septimanas In Michaelmas term shall be lie common dayes of Return only The second day of Return of the same Term shall be and be called A die Sancti Michaelis in unum mensem The third day of Return of the same Term shall be and be called In Crastino animarum The fourth day of Return of the same Term shall be and be called In Crastino Sancti Martini The fifth day of Return of the same Term shall be and be called In Octabis Sancti Martini And the sixth day of Return of the said
but that the same during the continuation of such Lease Leases or other Agreements shall be payed delivered and performed in such measure and form as the same hath been payed delivered and performed before the making of this Act And that such measure Water measures to be continued that is commonly called Water-measure in any Ports Maritime Towns or other places shall be still used and continued as formerly the same hath béen Any thing in this Statute contained to the contrary hereof in any wise notwithstanding The general issue may be pleaded Provided also That no Iustice or Iustices of the Peace Mayor Bailiff or other head Officer Churchwardens Overséers or any other authorized by this Statute for the due execution thereof in any point shall be sued impleaded or otherwise impeached for doing or executing their said Offices respectively And if any Suit or Suits hereafter shall be Commenced against them or any of them their Agents or Assistants touching the premisses That then it shall and may be lawful for them and every of them so sued or troubled in any Court or Courts wheresoever to plead the general issue Not Guilty and to give this Statute in Evidence or any other special matter in Evidence Treble costs for unjust vexation And in ease by or upon this Law they or any of them shall be found not guilty or the Plaintiff be Non-suited the Defendant or Defendants shall recover treble Costs against the Plaintiff for his unjust vexation CAP. XX. None shall be compelled to take the Order of Knighthood Writs issued for persons to take the order of Knighthood WHereas upon the pretext of an ancient custom or usage of this Realm of England That Men of full age being not Knights and being seised of Lands or Rents of the yearly value of forty pounds or more especially if their seisin had so continued by the space of thrée years next past might be compelled by the Kings Writ to receive or take upon them the order or dignity of Knighthood or else to make Fine for the discharge or respite of the same Several Writs about the beginning of his Majesties reign issued out of the Court of Chancery for Proclamations to be made in every County to that purpose and for certifying the names of all such persons and for summoning them personally to appear in the Kings presence before a certain day to be there ready to receive the said Order or Dignity Upon return of which Writs and transmitting the same with their Returns into the Court of Exchequer Returns and upon other Writs for further inquiry of the names of such persons issuing out of the said Court of Exchequer Processe by Distringas was thence made against a very great number of persons Distringas many of which were altogether unfit in regard either of Estate or quality Fines to receive the said Order or Dignity and very many were put to grievous Fines and other vexations for the same although in truth it were not sufficiently known how or in what sort or where they or any of them should or might have addressed themselves for the receiving the said Order or Dignity and for saving themselves thereby from the said Fines Process and vexations And whereas it is most apparent that all and every such procéedings in regard of the matter therein pretended is altogether useless and unreasonable May it therefore please your most Excellent Majesty that it be by authority of Parliament declared and Enacted No person shal be compelled to take on him the order of Knighthood nor undergo any fine for that cause And be it declared and Enacted by the Kings most Excellent Majesty and the Lords and Commons in this Parliament assembled and by the Authority of the same That from henceforth no person or persons of what condition quality estate or degrée soever shall at any time be distrained or otherwayes compelled by any Writ or Process of the Court of Chancery or Court of Exchequer or otherwise by any means whatsoever to receive or take upon him or them respectively the Order or Dignity of Knighthood nor shall suffer or undergo any Fine Trouble or Molestation whatsoever by reason or colour of his or their having not received or not taken upon him or them the said Order or Dignity And that all and every Writ or Processe whatsoever and all and every procéeding which shall hereafter be had or made contrary to the intent of this Act shall be déemed and adjudged to be utterly void And that all and every processe procéeding and charge now depending by reason or colour of the said pretended custome or Writs aforesaid or of any the Dependants thereof shall from henceforth cease and stand be and remain discharged and utterly void Any former Law or Custome or any pretence of any former Law or Custome or any other matter whatsoever to the contrary in any wise notwithstanding Stat. 1 E. 2. CAP. XXI Liberty for bringing in of Gun-powder and Salt-peter from Forraign parts and for the free making of Gun-powder in this Realm Mischiefs by prohibiting importing of Gunpowder WHereas the Importation of Gun-powder from forreign parts hath of late times béen against Law prohibited and the making thereof within this Realm ingrossed whereby the price of Gun-powder hath béen excessively raised many powder works decayed this Kingdom very much weakened and indangered the Merchants thereof much damnified many Mariners and others taken prisoners and brought into miserable Captivity and Slavery many Ships taken by Turkish and other Pyrates and many other inconveniences have from thence insued and more are likely to ensue if they be not timely prevented Liberty to all to import gun-powder Be it therefore declared and Enacted by the Kings most Excellent Majesty and the Lords and Commons in this present Parliament assembled and by the Authority of the same That it shall and may be lawful to and for all and singular persons as well Strangers as natural born Subjects of this Realm to import and bring into this Kingdom any quantities of Gun-powder whatsoever paying such Customes and Duties for the same as by authority of Parliament shall be limited and set down And be it further Declared and Enacted by the Authority aforesaid All Subjects may make and sell Gun-powder and import Salt-peter That it shall and may be lawful to and for all and singular his Majesties Subjects of this his Realm of England to make and sell any quantities of Gun-powder at his and their will and pleasure and also to bring into this Kingdom any quantities of Salt-peter Brimstone or any other materials necessary or requisite for the making of Gun-powder And lastly Be it Enacted by the Authority aforesaid That if any person or persons Penalty for putting in execution Letters Patents Proclamations c. against this liberty from and after the tenth day of August which shall be in the year of our Lord God One thousand six
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-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
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
of the limits of their respective Lieutenancies or by their directions when they are not absent their Deputy Lieutenants during their respective Deputation or any two or more of them shall have power from time to time to Lead Train Exercise and put in readiness or by Warrant under their hands and seals to cause to be Led Trained Exercised or put in readiness all or any of the persons Raised Arrayed or Weaponed according to the said Act to the intents and purposes and by the directions of the said Act and of this present Act. And be it further Enacted That all and every person or persons charged 13 Car. 2. cap. 6. 14 Car. 2. cap. 3. Allowance of pay to Troopers 2 s. 6 d. per diem Foot-Souldiers 1 s. per diem or to be charged by vertue of either of the said Acts with Horse Horse-man and Arms or Foot-Souldier and Arms shall under the penalty of forfeiting five shillings pay and allow upon demand two shillings six pence by the day to each respective Trooper that serves with such Horse and Arms for maintenance of the man and horse and shall under the penalty of two shillings pay and allow upon demand one shilling by the day to each respective Foot-Souldier for so many days as they or any of them shall be absent from their dwellings or callings by occasion of Muster or Exercise according to the Rules of the said Acts which said penalty is to be Levied as is hereafter expressed unless some certain agréement be made to the contrary before good witness and the said penalty is to be paid to such Trooper or Foot-Souldier to whom his said pay was denied The respective penalties to be demanded within six wéeks after each respective default or at or before the next succéeding Muster Exercise or Training and not afterwards And be it further Enacted Penalty upon refusers to find Arms. That if any person or persons assessed or charged according to the said Acts or either of them shall refuse or neglect by a reasonable time to be appointed to provide and furnish such sufficient Foot-Souldier and Arms or Foot-Souldiers and Arms as are accordingly charged upon him or them That then it shall and may be lawful to and for the respective Lieutenants and Deputy-Lieutenants or any thrée or more of them for every such offence from time to time to inflict a penalty upon such person or persons not excéeding Five pounds to be levied in manner following and to be imployed to the same uses in default whereof the same was imposed Be it further Enacted That it shall and may be lawful for the respective Lieutenants and Deputy-Lieutenants or any thrée or more of them from time to time Constables required to charge persons with Foot-Arms to appoint and require the Constable or Constables of any Parish or place within this Kingdom Dominion of Wales and Town of Berwick upon Twede to provide and furnish at a reasonable time and place to be appointed upon a penalty to be imposed not excéeding Forty shillings for every such omission so many sufficient Foot Arms with Wages and other incident charges as the said Lieutenants and Deputy-Lieutenants or any thrée or more of them shall assess or charge according to the Rules and Proportions of the said Acts upon Revenues under Fifty pounds per annum or upon personal Estates less then Six hundred pounds lying or being within any such respective Parish or place And in order thereunto if any person or persons of or belonging to any such Parish or place shall upon demand refuse or neglect to provide a Foot-Souldier or Foot-Souldiers The Penalty for not prouiding or paying Foot-Arms according to the proportion aforesaid or to pay any sum of money whereat he or they shall be taxed or assessed by a Pound Rate according to a List Signed by the respective-Lieutenants or any thrée or more of them for and towards the defraying and satisfying the necessary Charge and Expence disburst in providing and furnishing such sufficient Arms as aforesaid That then it shall and may be lawful to and for such Constable or Constables by Warrant for that purpose to Levy such Sum so Rated or Assessed by Distress and Sale of the Goods of such person or persons so refusing or neglecting to pay and shall restore the overplus if any the charge of Distraining being first deducted And the Tenant of any House Land or Revenue Rated or Assessed as aforesaid is hereby authorized and required to make payment of such Sum of money so Rated or Assessed and to deduct so much as shall be charged upon the Landlords Rent out of the next Rent payable to the Landlord and in default hereof the goods of every such Tenant is also liable to be distrained and sold in manner aforesaid And be it further Enacted That once in every year hereafter each Souldier Listed or Raised by vertue of the said Acts What shall be paid to the Muster-Masters or either of them shall pay to his respective Muster-Master such Sum not excéeding one shilling for a Horseman and six pence for a Footman as the respective Lieutenants and Deputy-Lieutenants or any thrée or more of them shall under their Hands and Seals direct who have power hereby to Levy the same by Distress and Sale in case of default of payment upon the Goods and Chattels of such person or persons as are charged with the finding of the respective Horse-man or Foot-Souldier so making default unless the default be by the neglect of such Horseman or Foot-Souldier who in that case are hereby to be accomptable for the same and every such Muster-Master shall be an Inhabitant of the respective County What Provision every Musquetier shall bring with him And it is hereby further Provided and Enacted That at every Muster Training and Exercise every Musquetier shall bring with him half a pound of Powder and half a pound of Bullets and every Musquetier that serves with a Match-lock shall bring with him thrée yards of Match both which are to be found accordingly at the Charge of such person or persons as provide the said Foot-Souldier and Arms And every Horse-man is to bring with him a quarter of a pound of Powder and a quarter of a pound of Bullets at the Charge of such person or persons as provide the said Horseman and Arms The Penalty who are hereby required to find and bear the same upon pain of forfeiting Five shillings for every omission thereof And for the better Discipling and Instructing the said Militia in their Duties as also for easing them of often and frequent Méetings at several times and for the better security of the Peace of the Kingdom Be it further Enacted That it shall and may be lawful for the said several Lieutenants and in their absence or by their Directions for any two or more of their Deputies within their respective Counties and Precincts for which they are Commissioned at any
hereby further Enacted That if any Officer of the Customs in England Wales or Town of Berwick upon Tweed shall give any Warrant for or suffer any Sugar Tobacco Ginger Cotton-wool Indico Speckle-wood or Jamaica Wood Fustick or other Dying Wood of the growth of any of the said Lands Islands Colonies Plantations Territories or Places to be carryed into any other Countrey or place whatsoever until they have béen first unladen bona fide and put on shore in some Port or Haven in England or Wales or in the Town of Berwick That every such Officer for such offence shall forfeit his place and the value of such of the said goods as he shall give Warrant for or suffer to pass into any other Countrey or place the one moyety to his Majesty his Heirs and Successors and the other moyety to him or them that shall inform or sue for the same in any Court of Record in England or Wales wherein no Essoign Protection or Wager in Law shall be allowed Encouragement of Plantations and encrease of Shipping And for the better encouragement of the said Plantations and the increase of the Shipping and Navigation of this Kingdom Be it Enacted and it is hereby Enacted by the Authority aforesaid That from and after the five and twentieth day of March one thousand six hundred sixty and four it shall and may be lawful out of any Port of England or Wales or out of the Town of Berwick Sea-coals to ship and lade Sea-coals for any part of them paying for the Chalder Newcastle measure one shilling eight pence and for the Chalder London-measure one shilling and no more in full of all Custom and Poundage for the same Any Law Statute or Prohibition to the contrary in any wise notwithstanding Provided That such Sea-coals be shipped in such shipping and so Navigated as abovesaid And that good security be given to the Officers of the Customs in such Port in which they are shipped for the landing them in the said Plantations and not elswhere And forasmuch as several considerable and advantagious Trades cannot be conveniently driven and carried on without the Species of Money or Bullion and that it is found by experience that they are carried in greatest abundance as to a common Market to such places as give frée liberty for exporting the same and the better to kéep in and increase the current Coins of this Kingdom Be it Enacted and it is hereby Enacted That from and after the first day of August one thousand six hundred sixty and thrée it shall and may be lawful to and for any person or persons whatsoever to Export out of any Port of England or Wales in which there is a Customer or Collector or out of the Town of Berwick all sorts of Foreign Coyn or Bullion of Gold or Silver Foreign coin or bullion may be exported first making entry thereof in such Custom-house respectively without paying any Duty Custom Poundage or Fée for the same Any Law Statute or Vsage to the contrary notwithstanding And lastly Whereas a very great part of the richest and best Land of this Kingdom is and cannot so well be otherwise imployed and made use of as in the Féeding and Fattening of Cattel And that by the coming in of late of vast numbers of Cattel already fatted such Lands are in many places much fallen and like daily to fall more in their Rents and Values and in consequence other Lands also to the great prejudice detriment and impoverishment of this Kingdom Be it further Enacted by the Authority aforesaid and it is hereby Enacted That for every head of great Cattel except such as are of the bréed of Scotland that shall be imported or brought into England Penalties upon importation of Foreign cattel at certain times Wales or the Town of Berwick upon Tweed after the first day of July and before the twentieth day of December in any year And for every head of great Cattel of the bréed of Scotland that shall be imported or brought into England Wales or the Town of Berwick after the four and twentieth day of August and before the twentieth day of December in any year there shall be paid to his Majesty his Heirs and Successors the sum of twenty shillings And the sum of ten shillings to him or them that shall inform or seise the same And the sum of ten shillings to the Poor of the Parish where such Seisure or Information shall be made to be recovered and levied by Bill Plaint or other Action wherein no Essoign Protection or Wager in Law shall be allowed And moreover That there shall be paid to his Majesty his Heirs and Successors for every Shéep which shall be Imported into England Wales or the Town of Berwick aforesaid after the First day of August and before the Twentieth day of December in any year the sum of Ten shillings of lawful money of England to be recovered and levied in manner aforesaid Provided always That this Act in so far as it relates to great Cattel or Shéep The continuance of this Act as to importation of cattel Encouragement of Herring Fisheries shall not take place till the First day of July One thousand six hundred sixty and four nor continue longer then the end of the First Session of the next Parliament And for the encouragement of the Herring and North-Sea Island and Westmony Fisheries Be it Enacted and it is hereby Enacted by the authority aforesaid That from and after the First day of August which shall be in the year of our Lord One thousand six hundred sixty and four no Fresh Herring Fresh Cood or Haddock Coal-fish or Gull-fish shall be Imported into England Wales or the Town of Berwick but in English-built Ships or Vessels or in Ships or Vessels bona fide belonging to England Wales or the Town of Berwick and having such Certificate thereof as is abovesaid and whereof the Master and thrée Fourths at the least of the Mariners are English and which hath béen fished caught and taken in such Ships or Vessels and so navigated and not being â—ought or had of any strangers born or out of any strangers Bottoms under the pain of the forfeiture of all such Herring Codd Haddock Coal-fish or Gull-fish impâ—â—ted contrary to the true intent and meaning hereof and of the Ship or Vessel in which it was Imported One moyety of which forfeitures shall be to his Majesty his Heirs and Successors and the other moyety to him or them that shall inform seise or sue for the same to be recovered by Bill Plaint or other Action wherein no Essoign Protection or Wager in Law shall be allowed And be it further Enacted and it is hereby Enacted by the Authority aforesaid Duties to be paid upon importation of salted or dried Fish That for the following sorts or kinds of salted or dried Fish which from and after the said First day of August shall be imported into England Wales or
Bayliffs and Conservators respectively Provided That none be capable to be or continue Governour or Bayliffs That hath not four hundred Acres or more of the said Ninety five thousand Acres nor to be a Conservator that hath not two hundred Acres or more of the said Ninety five thousand Acres nor any of the Commonalty to have a voice in Elections that hath not one hundred Acres or more of the said Ninety five thousand Acres And that the said Governour Bailiffs and Conservators or any of them shall and may be removed by the said Governour Bailiffs and Conservators and Commonalty or the greater number of them present at their publick méetings whereof the said Governour or one of the Bayliffs to be one and new chosen in the place of him or them so dead or removed Accounts to be made by all Officers and Agents imployed And the said Governour Bayliffs and Commonalty also shall have further power to have demand and receive an Account from all and every the Officers Agents and Servants their Executors and Administrators heretofore imployed or hereafter to be imployed for the receiving and paying of money for or in relation to the carrying on of the Works of the Dreining of the said great Level and shall and may sue for and recover the same and that all Arrears of Rent already incurred upon or out of any part of the said Ninety five thousand Acres upon any Contract or Lease of the said Premisses or any part or parcel thereof shall be received and recovered as if the said pretended Act had béen a good and effectual Act And if any Suit be commenced against the said Corporation In Suits against any imployed by this Act the defendant may plead the general issue or any person for any matter or thing done in pursuance of this Act then he or they shall or may plead the General Issue and give the special matter in Evidence upon any Tryal to be had touching the same which shall be as good and effectual in Law as if the same had béen specially pleaded and the Iury upon the Tryal to give a Verdict accordingly Lands of persons attainted and titles under them vested in the King Provided always and be it further Enacted by the Authority aforesaid That as touching and concerning such part and parcel of the said Eighty thrée thousand Acres whereof any person or persons attainted or that shall be attainted was or were in possession at any time since the Nine and twentieth day of May in the year of our Lord One thousand six hundred fourty and nine under pretended Sales thereof respectively made by colour of the said pretended Act or under any other Title or pretended title whatsoever The Kings most Excellent Majesty his Heirs Successors and Assigns shall have the same and like benefit advantage and interest in all and every the said parts and parcels of the said Eighty thrée thousand Acres and no other then as the said persons so attainted or which shall be attainted could or ought to have by vertue of this Act in case they had not béen so attainted or shall not be attainted And whereas the Shares Lots Parts and Proportions of and in the said Ninety five thousand Acres which in pursuance of the said Indenture of Fourtéen parts and by vertue or intention of the said Act and Law of Sewers made at Lyn do belong and appertain to the said Samuel Sandys the elder or his Trustées Sir William Terringham Sir Richard Onslow and other the Assignées and Trustées of Henry late Earl of Arundel and Surrey deceased Arthur Earl of Anglesey Thomas Lord Culpeper Robert Phillips Robert Scawen and to divers other persons the Participants of the said Earl Francis and Parties of the said Indenture or their respective Heirs Executors Administrators or Assigns are now possessed and enjoyed by divers persons who took contracted for or accepted of or by such who claim and derive their interest and title from and under such persons as did take contract for or accept of pretended Estates or Conveyances of the same made or pretended to be made by certain persons mentioned in and by the said pretended Act of the Nine and Twentieth day of May One thousand six hundred fourty and nine to have Authority to sell the Shares Lots Parts and Proportions of such of the Adventurers and Participants of the said Earl Francis and of their respective Heirs and Assigns as should refuse or make default of payment of such Taxes as should by colour and in pursuance of the said pretended Act be imposed upon them respectively in respect of their Shares and Lots in or out of the said Ninety five thousand Acres Be it therefore Enacted by the Authority aforesaid That the said Governour Bayliffs and Commonalty of the said Company of Conservators of the said Great Level of the Fenns and their Successors shall Actually stand seised and possessed of all and every the Shares Lots Parts and Proportions last mentioned in trust nevertheless to and for the use and behoof of the said Samuel Sandys the Elder or his Trustées in trust for him Sir William Terringham Sir Richard Onslow and others the said Assignées and Trustées of Henry late Earl of Arundel and Surrey deceased Arthur Earl of Anglesey Thomas Lord Culpepper Robert Phillips Robert Scawen and of their respective Heirs and Assigns and to and for the respective uses and behoofs of the said other persons the Participants of the said Earl Francis and Parties to the the said Indenture of Fourtéen parts and of their respective Heirs and Assigns now out of possession of their respective Shares Lots Parts and Proportions of the said Ninety five thousand acres as heretofore in or about the Moneth of October in the Thirtéenth year of the Reign of the late King Charles of ever blessed memory were respectively allotted severed set forth or divided for or as the respective Shares Lots Parts and Proportions of such of the Adventurers the Participants of the said Earl Francis and Parties to the said Indenture of Fourtéen parts their respective Heirs Executors Administrators and Assigns from and under whom the said Samuel Sandys the Elder or his Trustées Sir William Terringham 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 Robert Phillips Robert Scawen and the said other persons the Participants of the said Earl Francis and their respective Heirs Executors Administrators and Assigns now out of possessions of their respective Shares Lots Parts and Proportions do respectively claim and derive their said Shares Lots Parts and Proportions And the said Governour Bayliffs and Commonalty of the Company of Conservators are hereby authorized and required to execute respective Estates of the said Shares Lots Parts and Proportions accordingly subject and lyable nevertheless with the residue of the said Ninety five thousand acres in equal proportion to all taxes and charges to be laid
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
Cardiffe sir Richard Lloyd Knight Arthur Trevor Esquire sir Edward Mansel sir Edward Stradling sir Edward Thomas Baronets sir John Awbry Knight and Baronet sir VVilliam Lewis sir Thomas Lewis sir Richard Basset Knights John Greenuff Evan Seys Sergeant at Law William Basset Doctor of Laws Robert Thomas Miles Button Thomas Lewis William Basset of Bewpre William Herbert of Swansey Edmond Thomas Bussy Mansel Herbert Evans Thomas Matthew Humphrey Windham David Jenkins Gabriel Lewis William Thomas Thomas Stradling Thomas Carne John Van John Gibbs Tho. Thomas David Matthew Lamerock Stradling Thomas Evans Edmond Gammage Richard Loughers VVilliam Herbert of Killy-Bebel John Carne Henry Basset Edward Herbert of Cogan David Evans John Lewellin Merioneth For the County of Merioneth Maurice VVilliams Esquire High Sheriff sir Richard Wynne Baronet sir John Owen sir Richard Lloyd sir John Wynne Knights William Salisbury VVilliam Price William Vaughan of Corseggedal Lewis Lloyd Howel Vaughan Maurice Wynne Vincent Corbet John Pugh John Lloyd Hugh Nanney Robert Wynne Roger Mostin Richard Wynne Griffith Lloyd Lewis Owen William Vaughan of Caithle Iohn Nanney Edmond Meirick Humphrey Hughes Ioh. Vaughan Rowland Vaughan Rich. Anwil Ellis Edwards VVill. Tueir Ioh. Morgans Esq Iohn Owen of Hanwooddowilth Rich. Jones Anthony Poole Griffith-Iohn Lewis Richard Nanney Gent. Henry Wynne Morrice Williams Esquires Evan Lloyd of Rhiwgech Richard Lloyd of Carrog Gentlemen Montgomery For the County of Montgomery sir Iohn Witterong High Sheriff sir Henry Herbert Edward Herbert Andrew Newport Esquires sir Matthew Price sir Richard Corbet Baronets sir Edward Lloyd Knight Iohn Pursell Richard Herbert Richard Owen Robert Layton John Blayney John Pugh Francis Buller Charles Salisbury Edmond Waring John Price of Parke Roger Mostin Matthew Morgan William Penrid junior Thomas Maurice Edward Glyn of Glin Edward Evans of Rhidicorrow John Whitingham David Powel Thomas Juckes John Mathews the elder John Mathews the younger Edward Edwards of Collfrin John Bladwell Tho. Winde Tho. Corbet Robert Lee Tho. Jones Henry Pursell Vincent Peirce VVilliam Eyton Richard Mitton John Kiffin Francis Fitzherbert Edward Price of Glanmahely Robert Griffiths Arthur Wevor William Browne Edward Herbert Esquires Evan Vaughan Llodowick Lewis Iohn Bright of Mellington Meredith Lloyd of Brynellen Iohn Oakley Rowland Oakley Edward Wittingham Samuel Biggs Humphrey Nicholas Iohn Lloyd of Coney Hugh Davyes of Trewilan Ellis Lloyd Iohn Bunner Henry Griffiths of Benthall Morgan Evans Gentlemen Haverford West For the Town and County of Haverford West The Mayor for the time being Sir William Moreton Knight One of His Majesties Serjeants at Law Sir John Stepney Baronet Sir Hugh Owen Knight and Baronet Rowland Laughorne William Philips Richard Walter George Haward Thomas Cozens Esquires VVilliam Williams Henry Bowen Lewis Barron John Williams William Brown Aldermen William Davies Esquire John Barlow John Thomas Matthew Prynn William Williams junior John Lloyd Richard Jones Gabriel Wade Gentlemen Pembrook For the County of Pembrook Sir William Moreton Knight one of His Majesties Sergeants at Law Sir Erasmus Philipps Sir John Stepney Baronets Sir Hugh Owen Sir John Lort Knights and Baronets Sir Harbert Perrott Knight Griffith Dawes Arthur Owen Essex Megrick Rowland Laughorne Hugh Owen Lewis Barlow Hugh Bowen Henry White William Philipps Walter Cuny James Bowen Isaac Lloyd George Haward William Scouerfield William Mordant Thomas Corbert David Morgan James Lloyd George Owen Esquires Thomas Warren Thomas Powell Hugh Laughorne Thomas Owen John Matthias John Laughorne Thomas Wogan John Lort William Owen of Camdog Thomas Lloyd John Thomas Town of Pembrook For the Town of Pembrook The Mayor for the time being Matthew Bowen Richard Browne Gentlemen Town of Tenby For the Town of Tenby The Mayor for the time being Richard Wyat Rice Barrow David Palmer Gentlemen Radnor For the County of Radnor Sir Richard Lloyd Knight Arthur Trevor Esquire Sir Henry Williams Baronet Sir Edward Harley Knight of the Bath Sir Robert Harley Knight George Gwyn Richard Fowler James Price Thomas Corbet Henry Williams Lewis Morgan John Wallcott Thomas Harley Samuel Powell Nicholas Tayler Evan Davies Andrew Philipps Charles Lewis Henry Probert Herbert Weston James Beck One of His Majesties Sergeants at Arms Henry Stedman Griffith Jones Hugh Powell Richard Meredith Thomas Ecleston Robert Cutler Esquires Francis Rickards John Rickards Rowland Higgins Gentlemen The Bailiff of New-Radnor for the time being Marmaduke Bull Gentleman And be it further Enacted and Declared That the several Commissioners aforesaid shall méet together at the most usual and common place of meeting within each of the said Counties How the Commissioners shall meet and divide themselves Cities Boroughs Towns and Places respectively on or before the tenth day of March now next ensuing And the said Commissioners or so many of them as shall be present at the said first General Meeting or the Major part of them are hereby authorized and required to put this present Act in execution according to the best of their Iudgments and Discretions and shall then if they see cause subdivide and distribute themselves so into lesser numbers as two or more of the said Commissioners may be appointed for the service of each Hundred or other Division and as may best conduce to the carrying on of His Majesties service hereby required And for the more effectual performance thereof Be it Enacted and Declared Their power within the several Divisions and Hundreds That the Commissioners at their foresaid first General Meeting or the Major part of them shall agrée and set down in writing who and what number of the said Commissioners shall act in each of the said Divisions or Hundreds To the end that there be no failer in any part of the due execution of the service by this Act required And be it Enacted and Declared by the Authority aforesaid That the Commissioners within the several Divisions or Hundreds or any two or more of them are hereby authorised and required to cause the said several Proportions charged on the respective Divisions and on every Parish and Place therein for the said thrée years Assessment to be equally assessed and taxed And to appoint two or more Assessors in each Parish or Place for the perfecting thereof who are hereby required with all care and diligence to assess the same equally by a Pound-rate upon all Lands Tenements Hereditaments Annuities Rents Parks Warrens Goods Chattels Stock Merchandize Offices other then Iudicial and Military Offices and Offices relating to the Navy under the Command of the Lord High Admiral and Offices within His Majesties Houshold Tolls Profits and all other Estates both Real and Personal within the Limits Circuits and Bounds of their respective Parishes and Places And be it further Enacted by the Authority aforesaid 2064â—8 l. â—6 s. 08 d. the first three moneths payment how to be paid That the sum of Two hundred and six thousand four hundred fifty and eight pounds six shillings eight pence being the first of the said twelve quarterly Payments hereby imposed shall be assessed collected levied
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 Aâ—rears remain chargeable upon any the said Counties Cities Towns or places respectively And in case of any faileriâ—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
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
to such Hundred Division Constablewick Parish or place respectively and to every person charged within the said Sub-collectors or Head-collectors charge against His Majesty His Heirs and Successors for the sum or sums of money so acquitted Lands and houses that lie unoccupied Provided alwayes and be it further Enacted That in case any Lands or Houses in any Parish Place or Constablewick shall lie unoccupied and no distresses can be found on the same by reason whereof the said Parish Place or Constablewick are forced to pay and make good the Tax assessed upon such Lands lying unoccupied That then it shall and may be lawful at any time after for the Collectors Constable or Tythingman of the said Parish Place or Constablewick for the time being to enter and distrain upon the said Lands and Houses when there shall be any distress thereupon to be found And the distress and distresses being the proper goods of the Owner or any claiming any Estate interest or profit under him if not redeemed within four days by payment of the Tax and charge of the distress to sell rendring the Overplus to the Owner or Owners of such distresse And the said Collector Constable or Tythingman is hereby enjoyned to distribute the money raised by the said Distresse or Sale thereof proportionably to the Parties who contributed to the Tax of the said unoccupied Lands Woodlands Provided alwayes and be it Enacted That where any Wood-lands shall be assessed and no Distress can be had that in such case it shall and may be lawful to and for any Sub-collector Constable Head-borough or Tythingman by Warrant under the Hands and Seals of two or more of the Commissioners in that Hundred or Division at seasonable time of the year to cut and sell to any person or persons so much of the Wood growing on the said Woodlands so assessed as will pay the Assessment or Assessments so behind and unpaid and the charge incident thereunto And that it shall and may be lawful for the person and persons and his Assigns to whom such Wood shall be so sold to sell cut down dispose and carry away the same to his own use rendring the overplus if any be to the Owner Any Law to the contrary notwithstanding Tythes Tolls Markets Fairs Fisheries c. Provided alwayes and be it further Enacted That where any Tax or Assessment shall be charged or laid upon any Tythes Tolls Profits of Markets Fairs or Fishery or other annual profits not distrainable in case the same shall not be paid within fiftéen dayes after such Assessment so charged or laid and demanded then it shall be lawful to and for the Sub-collector Constable or other Officer thereunto appointed by Warrant under the Hands and Seals of any two or more of the Commissioners authorised by this Act to seize take and sell so much of the said Tythes Tolls and other Profits so charged as shall be sufficient for the levying of the said Tax and Assessment and all charges occasioned by such non-payment thereof rendring the overplus to the Owner if any be Middlesex Westminster And whereas the County of Middlesex and City of VVestminster are raised in the Monethly Assessment by reason of the new Buildings lately erected And that Offices are made chargeable towards the payment of such Assessment To the end that an equal rate may be made and imposed upon the severall Divisions Parishes and Hamlets within the said County and City Be it Enacted by this present Parliament and by the Authority thereof That the said Commissioners appointed for the said County and City of VVestminster or any three of them shall if they shall think it fit cause two or three of the honest and able Inhabitants in the several and respective Parishes Townships and Places within the said County and City to be named and appointed Assessors who or any two of them are to ascertain and rate the yearly value and profits of all Offices belonging to the Courts of VVestminster and other Offices chargeable by this Act towards the payment of the said sum set upon the said County and City And all Townships Parishes and Places for which they be appointed Assessors and to return the same to the said Commissioners or to such person or persons as shall be appointed to receive the same which said Assessors are to deliver in their several Surveys perfected and subscribed by them unto the said Commissioners or to such person or persons as shall be appointed by them or any thrée of them to receive the same two or three dayes at the least before the second General meeting of the said Commissioners to the end that the said Commissioners may deliver in all the several Surveys to be made throughout the said County at the said second General meeting At which said Generall meeting the said Commissioners or the major part of them then present shall upon view and perusal of the said several Surveys cast up the true Revenue and yearly Profits of the whole County City and Offices aforesaid to the end that an equal Pound-rate may be apportioned upon every Office chargeable by this Act Division Hundred Township and Parish according to the proportion and sum of money charged upon the said County and City by vertue of this present Act which the said Commissioners or the major part of them then and there assembled are by vertue of this Act authorised and appointed to proportion and make accordingly Provided always That nothing herein contained shall be drawn into example Proviso to the prejudice of the ancient Rights belonging unto the Lords Spiritual and Temporal or Clergy of this Realm or unto either of the Vniversities or unto any Colledges Schools Alms-houses Hospitals or Cinque-Ports CAP. II. The Measures and Prices of Coals regulated FOr avoiding the manifold deceits Deceâ—ts and â—xations in selling of Coals exactions and abuses used in the Measures and Sales of Coales and for preventing the like and the better regulation thereof for the time to come Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled and by the Authority of the same That from and after the Sixth day of March in the year of our Lord One thousand six hundred â—â—xty four all sorts of Coal commonly called Sea-Coals brought into the River of Thames and sold shall be sold by the Chaldron Sea coal measure containing Thirty six Bushels heap'd up and according to the Bushel Seal'd for that purpose at Guildhall in London and so for a greater or lesser quantity And that all other sorts of Coals coming from Scotland and other places commonly sold by Weight and not by Measure Coals from Scotland shall be sold by Weight after the proportion of a hundred and twelve pound to the hundred of Avoir dupois weight without any fallacy or deceit upon pain of Forfeiture of all
the Coals which shall be otherwise sold or exposed to sale by any Woodmonger or Retailer of Coals and the double value thereof to be recovered by any person or persons that will prosecute for the same in any Court of Record or by way of complaint made unto the Lord Mayor of London for the time being and Iustices of Peace within the City of London and Liberties thereof or to any two of them or to the Iustices of Peace of the several and respective Counties and Places where such Coals shall be exposed to sale or any of them who are hereby Impowred and Required to call the Parties before them and to hear and examine such Complaint upon Oath which by vertue of this Act is to be administred by them or any Two of them and upon due proof thereof made to their satisfaction to Convict the Offenders and to give Warrant under their Hands and Seals for levying the Forfeitures accordingly the one half thereof to be to and for the use of the person or persons so prosecuting or complaining and the other half to and for the use of the Poor or repairing of the High-wayes within the same Parish or any other adjoyning Parish or Parishes to be appointed and apportioned by the direction of the said Lord Mayor and Iustices by such their Warrant as aforesaid And the said Lord Mayor of London and the Court of Aldermen for the time being Who may set Rates upon Coals in London and the Iustices of Peace of the several Counties respectively or any thrée or more of them whereof one to be of the Quorum are hereby impowred to set the Rates and Prises of all such Coals as shall be sold by Retail as they from time to time shall judge reasonable allowing a competent profit to the said Retailer beyond the price paid by him to the Importer and the ordinary charges thereupon accruing And that if any Ingrosser or Retailer of such Coals shall refuse to sell as aforesaid Ingrossers or Retailers refusing to â—ell at the said Rates That then the said Lord Mayor and Aldermen and Iustices of Peace respectively are hereby authorised to appoint and impower such Officer or Officers or other persons as they shall think fit to enter into any Wharf or other place where such Coals are stored up And in case of refusal taking a Constable to force entrance and the said Coals to sell or cause to be sold at such Rates as the said Lord Mayor and Aldermen and Iustices respectively shall judge reasonable rendring to such Ingrosser or Retailer the money for which the said Coals shall be so sold necessary charges being deducted The continuance of this Act. Provided That this Act shall continue for thrée years next ensuing and thenceforth to the end of the next Session of Parliament and no longer Provided also That no person or persons that shall be sued by vertue of this Act for not observing thereof shall be sued upon any other Act or Law now in force for the same offence And if any Action shall be commenced against any Iustice of Peace Persons sued upon this Act may plead the general issue Constable or other Officer or Person for any thing done by colour of this Act the Defendant in every such Action may plead the general Issue and give the special matter in Evidence And if the Verdict be found for him or the Plaintiff become Non-suited shall recover and have his Damages and double Costs of suit for his unjust Vexation in that behalf Who may not act in setting Rates upon Coals Provided always That no Person having any Interest in any Wharf used for the receiving or uttering of Coals or that doth or shall Trade by himself or others in his own or any other name in the sale of any Coals or the Engrossing the same in order to sell the same and not for his own private use onely shall act or otherwise intermeddle in the setting the Price of Coals Any thing in this Act to the contrary in any wise notwithstanding CAP. III. For the Returning of able and sufficient Jurors FOr the returning of more able and sufficient Iurors for Trials hereafter to be had betwéen Party and Party and for reformation of abuses in Sheriffs and other Ministers who for reward do oftentimes spare the ablest and sufficientest and return the poorer and simpler Fréeholders less able to discern the Causes in question and to bear the charges of appearance and attendance thereon Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same Iurors for trials of issues shall have 20 l. per annum Freehold That all Iurors other then Strangers upon Tryals per medietatem linguae who are to be returned for the Tryals of Issues joyned in any of the Kings Majesties Courts of Kings Bench Common-Pleas or the Exchequer or before Iustices of Assize or Nisi Prius Oyer and Terminer Gaol-Delivery or General or Quarter-Sessions of the Peace from and after the twentieth day of April which shall be in the year of our Lord One thousand six hundred sixty five in any County of this Realm of England shall every of them then have in their own name or in trust for thâ—â— within the same County twenty pounds by the year at least above reprises in their own or their wives right of Free-hold Lands or of ancient Demesne or of Rents in Fee Fee-tail or for life And that in every County within the Dominion of Wales every such Iuror shall then have within the same eight pounds by the year at the least above reprises in manner aforesaid All which Persons having such Estate as aforesaid are hereby enabled and made lyable to be returned and to serve as Iurors for the Tryal of Issues before the Iustices aforesaid Any Law or Statute to the contrary in any wise notwithstanding And if any of a lesser Estate and value shall be respectively returned upon any such Iury or Tales in default of such Iurors it shall be a good cause of Challenge and the Party returned shall be discharged upon the said Challenge or his own Allegation and Oath thereof And that no Iury-mans Issues making default shall be saved but by special Order of the Iudge or Iudges before whom the Issue is to be tryed Issues of Iurors upon default for some just and reasonable cause proved upon Oath before the same Iudge or Iudges And all such Issues shall be duly estreated and levied The Ven ' fac And that the Writ of Venire facias which from and after the aforesaid time shall be awarded and directed for the impannelling of Iuries in cases aforesaid within any County of England shall be in this form Rex c. Praecipimus c. quod venire fac coram c. duodecem liberos legales homines
excepted but shall wilfully and negligently suffer the said Fens and Wastes or the most part of the same to be again drowned and overflowed by the space of five years at any time after the expiration of the said seven years and the same be found and adjudged hurtfully surrounded in default of the said Trustées their heirs and assigns or the survivor of them contrary to this Act by twelve Commissioners of Sewers or the greater number of them whereof six to be of the parts of Holland and six of Kestiven of which twelve Commissioners thrée of either of the said parts to be of the Quorum upon their view or inquisition or presentment of Iury that the same hath so long continued drowned and that Iudgment be certified of Record into the High Court of Chancery under their hands and seals or the greater number of them That then and from thenceforth the trust of the said Trustées their heirs and assigns or the survivor of them of in and to the said third part and the said other parts and proportions added and allotted for a further recompence as aforesaid for the said Earl and Countess of Berkshire Lord Howard of Charlton Lord Bruce Countess of Stamford Lord Grey and other persons in remainder as aforesaid and all and every estate and estates whatsoever by them granted conveyed or in any manner executed of all or any the said third part or other proportions added and allotted for further recompence to any person or persons whomsoever in execution pursuance or discharge of their said trust or otherwise shall cease determine and be utterly void to all intents and purposes whatsoever and not to be helped altered or relieved in any Court or by any course of Law or Equity and that then and from thenceforth the said Trustées their heirs and assigns or the survivor of them shall stand and be seised of all the said third part and the additional allotments in trust to permit and suffer the said Commissioners of Sewers of Kestiven and Holland to take perceive and receive the whole Rents Issues and profits to the end the same may be laid out and expended for the regaining of the said Fens and to defray the charge which the Country shall or may be put unto to preserve themselves and their other Lands from being surrounded or damnified by the said waters in default of maintaining of the said Banks and doing other the said works which ought to have béen made and repaired by the said Trustées their heirs and assigns or the survivor of them And upon further trust likewise That the said Trustees their heirs and assigns or the survivor of them shall and will from time to time and at all times make and execute such estate and estates as twelve Commissioners of Sewers of the parts of Holland and Kestiven whereof thrée of each part to be of the Quorum shall by writing under their hands and seals direct and appoint And be it Enacted and declared That all such estate and estates so by them made shall be and be and be deemed and taken to be good and effectual in Law to all intents and purposes as if the same were in this present Act particularly and by proper names mentioned and expressed And be it further Enacted by the Authority aforesaid That if the said Trustées their heirs or assigns or the survivor of them shall not or do not at or before the said term of seven years well and truly pay or cause to be paid the full and just sum of one hundred pounds of lawful money of England into the hands of such person or persons as the said Commissioners of Sewers in their publick Sessions from time to time shall appoint to receive the same That then and in such case it shall and may be lawful to and for the said Commissioners of Sewers by an Order in writing under their hands and seals to Authorize such person or persons as they shall think fit to enter into any the said Lands part of the said third part allotted to the said Thomas Lovel out of any the Fens by him formerly undertaken to be Dreyned and the said Additional Lands and out of the Rents Issues and profits thereof to raise the same sum of one hundred pounds to the end the same shall and may be by them imployed and laid out South-Dozens and Hawthorn bank in and about the necessary maintenance and reparation of the Banks above mentioned called the South Dozens and Hawthorne Bank and so from time to time and at all times as the said one hundred pounds or any part thereof shall be as abovesaid expended in and about the said Banks as aforesaid if the same be not again supplied by the said Trustees their heirs or assigns or the survivor of them within six moneths then next following then it shall be in the power of the said Commissioners of Sewers out of the Rents Issues and profits aforesaid to raise the same or so much thereof as shall not be supplyed as abovesaid from time to time and at all times as occasion shall require How meetings and by-laws may be made for management of the dreyning Provided always and be it Enacted by the Authority aforesaid That it shall and may be lawful to and for such person and persons their heirs and assigns or any three or more of them to whom the said Trustees their heirs or assigns or the survivor of them shall make or execute any estate or estates of the said ten thousand thirty six Acres before mentioned or any part thereof as Adventurers under the said Trustees their heirs or assigns or the survivor of them in Dreyning the said Fens at all times and from time to time from and immediately after execution of the said estate and estates to summon call and hold meetings of themselves their Agents and Workmen at such place and places by warrant under three or more of their hands and seals or under the hand and seal of their common Clerk for the time being for the making altering or confirming and with power and authority hereby granted unto them their heirs executors administrators and assigns for making and to make By-laws for the better Government and more orderly management of the said work of Dreyning the said Fens within themselves respectively And also be it further Enacted by the Authority aforesaid That at all and every meeting and meetings as aforesaid to be held It shall and may be lawful and they are hereby thereunto impowred for any three or more of the said Vndertakers their heirs executors administrators and assigns By whom rates and taxes may be made for the saâ—d work to assess rate tax and charge all and every the respective Owner or Owners their heirs executors administrators and assigns and every of them of all and every the said ten thousand and thirty six Acres aforesaid by an equal and proportionable Acre-tar with any sum or sums of money as they shall
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 oâ— sâ—ch Vnited Pâ—â— 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 mâ—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
Authority aforesaid as followeth viz. That whereas there is already provided a strong and sufficient Messuage in the Parish of S. Thomas the Apostle near the City of Exon for the purpose aforesaid Exon City and One thousand pounds more by certain Trustees upon Proposals and Agréements made by them with cetain Gentlemen Iustices of the Peace for the County of Devon Devon who have also provided One thousand pounds more in order to purchase Lands of Inheritance for the good purposes hereafter mentioned Be it Enacted by the Authority aforesaid That the said Two thousand pounds be laid out in purchase of Lands of Inheritance by Order of the General Sessions of the Peace hereafter at any time to be held in the name of such persons as by such Order shall be appointed Item That the said House with the Grounds therewith inclosed be had and used as a Common Gaol and Workhouse for the said County in manner as is after expressed Item That an Overséer be therein placed by like Order and by like Order be removeable from time to time which Overseer shall have the charge custody and government of the Prisoners to him committed according to this Act and shall have Fifty pounds per annum during the execution of his Office and Ten pounds per annum for his Deputy but shall therefore take no fées for receiving delivering or doing any other service relating to the Prisoners from or of any the said Prisoners Item That the said Iustices by like Order from time to time shall and may by approbation of the Ordinary provide and appoint some méet and discréet Minister to read Divine Service according to the Orders of the Church of England unto the Prisoners at least four days in the wéek That is to say on the Lords day each Wednesday and each Friday and Saturday and oftner if the said Iustices shall appoint and to take pains in instructing them each Lords day at the least for which they may allow him Thirty pounds per annum or after that rate the rest of the Profits to be for Repairing the House and towards finding a Stock for to set the Prisoners on work Item That any person charged with such offence onely for which Clergy is allowable if so be he be néedy and indigent and not likely to maintain himself in Gaol may by Warrant of the Iustice or Iustices of the Peace to whom Iurisdiction in that behalf appertaineth be committed to the said Workhouse in order to his Trial and if any person shall be committed to the ordinary Gaol who shall be or become so indigent he may by Warrant of thrée Iustices of Peace whereof one to be of the Quorum be removed from the ordinary Common Gaol to the said House All which Prisoners so committed or removed shall be in the custody of the Overséer and be ordered and demeaned in the said House and conveyed to the Sessions or to the Gaol-delivery by like Warrant way and means as the Prisoners in other Gaols by the Laws and Statutes of this Realm are to be ordered and demeaned And because the said Workhouse is distant from the Ordinary Common Gaol the Prisoners by Order from the Sessions or Gaol-delivery may in order to their Trials be removed to the Common Gaol to be the more ready for their Trials Item That the said Overséer shall give Security for the Stock and be liable to such Regulations and Orders for Accompts and otherwise as the Sessions shall from time to time make for setting the poor Prisoners on work there which shall be obeyed and observed That a convenient Stock be from time to time raised at the Charge of the County Item That the said Iustices of the County in Devon may put in ure all the powers in this Act as other Iustices may in any other County by vertue thereof Saving to the Kings Majesty His Heirs and Successors and to every other person and persons and their Heirs Successors Executors and Administrators all Rights Titles Claims and Demands whatsoever into or out of the said Messuages and Premisses as if this Act had never béen made CAP. V. A former Act concerning Replevins and Avowries to extend to the Principality of Wales and the County Palatines 1. Car. 2. cap. 7. WHereas by an Act of Parliament Entituled An Act for the more speedy and effectual proceeding upon Distresses and Avowries for Rents Provision is made where any Plaintiff shall Nonsuit before Issue joyned in any Suit or Replevin by Plaint or Writ lawfully returned removed or depending in any of the Kings Courts at Westminster Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled That the said Act and all the Powers and Provisions thereby made for causes of Replevins depending in His Majesties Courts of Westminster shall be extended and be of the same force and efficacy in all causes of Replevin which are or shall be depending in His Majesties Court of Common Pleas for the County Palatine of Lancaster Lancaster Wales Chester the Courts of the Great Sessions of His Majesties Principality of Wales the Court of Great Sessions or Assizes for the County Palatine of Chester and the Court of Common Pleas for the County Palatine of Durham as fully and as amply for and during the continuance of the said Act as if the said Courts had been mentioned therein CAP. VI. A Redress of Inconveniencies by want of Proof of the Deceases of Persons beyond the Seas or absenting themselves upon whose Lives Estates do depend VVHereas divers Lords of Mannors and others have used to grant Estates by Copy of Court-Roll for one two or more life or lives according to the Custome of their several Mannors and have also granted Estates by Lease for one or more life or lives or else for years determinable upon one or more life or lives And it hath often happened that such person or persons for whose life or lives such Estates have béen granted have gone beyond the Seas or so absented themselves for many years that the Lessors and Reversioners cannot find out whether such person or persons be alive or dead by reason whereof such Lessors and Reversioners have béen held out of possession of their Tenements for many years after all the lives upon which such Estates depend are dead in regard that the Lessors and Reversioners when they have brought Actions for the recovery of their Tenements have béen put upon it to prove the death of their Tenants when it is almost impossible for them to discover the same For remedy of which mischief so frequently happening to such Lessors or Reversioners Be it Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same Persons beyond the Seas or absenting