and their heirs shall accompt for and be responsible for all Rents and Profits of the premisses which came to their hands and have not béen by the said Trustées or their Order disbursed disposed or imployed for the maintenance of Ministers or other uses according to the said pretended Act or Ordinance or some other Act Order or Ordinance made in the year of our Lord one thousand six hundred fifty one thousand six hundred fifty four and one thousand six hundred fifty six by any assembly called or reputed a Parliament or assuming the power of a Parliament according to the intention of such Act Acts or Ordinances And the Agents and Receivers under the Order of the said Trustées and the Occupiers and Tenants of the Premisses who have taken the premisses or profits thereof into their hands without agréement to pay Rent therefore and have made no accompt or satisfaction to the Trustes aforesaid or to some other by their Order and also the persons who have held the same or taken the profits thereof under any agréement to pay Rent or Money for the same and have not paid the same shall respectively accompt pay and make satisfaction for so much of the premisses and profits of the premisses as are unsatisfied or unaccounted for as aforesaid and pay such Arrearages of Rents or Money as by such agréement remaineth unpaid by them all which payments and accompts shall be made to such persons and in such manner as in Parliament shall be directed Nevertheless it is not hereby intended that any Minister Schoolmaster or other person for whose benefit and maintenance the said pretended Acts or Ordinances were made shall be accomptable or lyable to make satisfaction for any Profits Rents or Sums of money paid to or taken by them respectively by vertue or colour of any Order or Appointment of the said Trustées or any of them or otherwise Bonds taken in his Majesties name before May 1642. for securities of any his Majesties Receivers not pardoned c. Provided also That this Act do not extend to pardon any Bond taken in his late Majesties Name before the month of May one thousand six hundred forty two for securing the proper Debt of any Servant or Receiver of the Revenue of his said late Majesty that hath not béen paid to or by order of some Lawful or Pretended authority And whereas by an Order of the Six and twentieth day of May in the year One thausand six hundred forty one the then House of Commons in Parliament did accept the sum of One hundred and fifty thousand pounds as a Composition from the Farmers of several Customs voted to be illegally taken and some of the said Farmers did procure and pay the said whole sum of One hundred and fifty thousand pounds at the desire of the said House of Commons and upon their Declaration That such of the said Farmers as did not pay their Proportions should not be pardoned but proceeded against and out of their Fines satisfaction should be made to those who had paid the said One hundred and fifty thousand pounds and in pursuance thereof did on the First of June then next following Resolve That the Estates of such persons living or dead as have by colour of any Patent received monies from the Subject under pretence of such Customs or have béen under-Sharers with the Patentées ought to be made liable to restitution Payments upon proportions of 150000 l. upon the customes It is therefore Provided That this Act shall not extend nor be construed to extend to Pardon or Indempnifie any person or persons their Heirs Executors Administrators or Assigns who have not paid their Proportions of the said One hundred and fifty thousand pounds or ought to have béen contributory thereunto from or against misdemeanors or offences relating to the said Customes or from payment of their Proportions But that the Estates of the dead as well as of the living of such who ought to have béen contributory in whose possession soever Purchasers Bona fide and upon valuable Considerations only excepted shall Continue and be charged and chargeable with the payment of their Proportions to all intents and purposes as if this Act had not béen made any thing herein contained to the contrary notwithstanding Provided also That this Act or any thing therein contained shall not extend or be construed to pardon or discharge any sum or sums of money due and Arrear for Excise of Béer Ale Arrears of Excise upon Beer and Ale or other Native or Inland Commodity since the twenty fourth day of June One thousand six hundred fifty and nine Provided also That nothing in this Act contained shall extend to the pardoning Monies due for free quarter or discharging of any sum or sums of money due from any Officers or Souldiers to any of the Subjects of this Kingdom for frée-quarter since the second day of July One thousand six hundred fifty and nine or to discharge any monies borrowed by any Officers for preventing of frée-quarter Provided alwayes And be it Enacted by the Authority aforesaid That no Conveyance Purchasers bona fide of Lands other then the Kings c. to enjoy their purchases Assurance Grant Bargain Sale Charge Lease Assignment of Lease Grants and Surrenders by Copy of Court-Roll Estate Interest Trust or Limitation of any Vse or Vses of any Manors Lands Tenements or Hereditaments not being the Lands nor Hereditaments of the late King Quéen Prince or of any Archbishops Bishops Deans Deans or Chapters nor being Lands or Hereditaments sold or given or appointed to be sold or given for the Delinquency or pretended delinquency of any person or persons whatsoever by vertue or pretext of any Act Order or Ordinance or reputed Act Order or Ordinance since the first day of January One thousand six hundred forty and one Nor any Statute Iudgment or Recognizance had made acknowledged or suffered to any person or persons Bodies Politick or Corporate before the Nine and twentieth day of September One thousand six hundred fifty and Nine By any of the persons before in this Act by name excepted or their Heirs or by any other person or persons claiming by from or under them or any of them other then the Wife or Wifes child children heir and heirs of such person and persons or any of them for money bona fide to them or any of them paid or lent nor any conveyance assurance grant or estate made before the Five and twentieth day of April One thousand six hundred and sixty By any person or persons to any such person excepted by Name as aforesaid in trust and for the benefit of any other person or persons Bodies Politick or Corporate not excepted by name as aforesaid shall be impeached defeated made void or frustrated hereby or by the attainder or conviction of any such excepted person or persons but that the same shall be held and enjoyed by the Purchasers Grantées Lessées Assigns Cestuy
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
167. Private Acts. AN Act for setling of the Estate of James late Duke of Richmond and Lenox according to agreement of Charles Duke of Richmond and Lenox Mary Dutchess Dowager of Richmond and Lenox and the Lady Mary her Daughter and the Trustees of the said Lady Dutchess An Act for confirmation of certain Letters Patents made and to be made to the Right Noble Lord George Duke of Albemarle of several Honors Mannors and Hereditaments granted or mentioned to be granted to him by His Majesty An Act for confirming the Estate of John Marquess of Winchester in certain Mannors and Lands whereof the Deeds and Evidences were burnt and lost at the taking of the Castle of Basing An Act to confirm the sale of certain Lands sold by Ferdinando late Earl of Huntingdon for the payment of his own and his Fathers debts An Act for setling a Capital Messuage or Mansion House with the Appurtenances in Kensington in the County of Middlesex upon Baptist Viscount Campden and his Heirs An Act for confirming an Act for restoring to Thomas Lord Culpeper Son and Heir and sole Executor of John Lord Culpeper Baron of Thorsway and Master of the Rolls deceased all his Honors Mannors Lands and Tenements Leases not determined and Hereditaments whatsoever whereof the said John Lord Culpeper was in possession on the twentieth of May 1642. or at any time after which have not been since sold or aliened by the said John late Lord Culpeper by Acts or Assurances to which himself was party and consenting An Act to enable the Bishop of London to lease out the Tenements now built upon the Scite of his Palace in London An Act for the Naturalizing of Philadelphia Wife to the Right Honorable Thomas Lord Wentworth An Act for confirming several Acts therein mentioned An Act for confirming of two Acts therein mentioned An Act for the Endowment of several Churches by the Lord Viscount Scudamore of Sligo in the Realm of Ireland An Act for the disuniting the Hundreds of Dudston and Kings Barton from the County of the City of Gloucester and restoring them to be part of the County of Gloucester An Act for making Navigable of the Rivers of Stower and Salwerp and the Rivulets and Brooks running into the same in the Counties of Worcester and Stafford An Act for the making Navigable of the Rivers of Wye and Lugg and the Rivers and Brooks running into the same in the Counties of Hereford Gloucester and Monmouth An Act for setling certain Mannors and Lands late of Sir James Enyons Baronet on Sir Henry Puckering alias Newton Baronet and Sir Charles Aderly Knight his surviving Trustees to sell for payment of Debts An Act for confirmation of certain Decrees of Sewers made by the Commissioners for the limits of the Level of the River of Ancholm in the County of Lincoln An Act for confirming a Decree made on the behalf of Thomas Derham Esq and the Improvements Exchanges and Allotments therein mentioned An Act for the enabling Sir Thomas Lee Baronet to exchange some Lands setled upon the Marriage of Dame Anne Lee his now Wife in consideration of another Settlement of Lands of equal value in lieu thereof An Act for discharging the Mannors of Stodscomb and Holwell and other Lands in the County of Devon from the trust of one hundred and fifty years made unto John Earl of Exeter John Earl of Bridgwater and Oliver Earl of Bolingbrook An Act for supplying a supposed defect of the words Stand and be seized in a Deed for setling of divers Mannors and Lands on Sir Henry-Frederick Thynne An Act for confirming the Copy-hold Estates of divers of his Majesties Copy-hold Tenants within the Honor of Clitherow in the County Palatine of Lancaster parcel of the Dutchy of Lancaster according unto several Decrees in the Court of Dutchy Chamber of the said County Palatine An Act for confirmation of the Estates of several Tenants and Copy-holders of the Mannors of Rannes Irchester Rushden and several other Mannors parcels of the Dutchy of Lancaster An Act for confirming explaining and enlarging an Act intituled An Act for the levying of certain Moneys due upon the Collection for the Protestants of Piedmont An Act to enable the sale of some of the Lands of William Milward Esq for payment of some of his Debts An Act vesting certain Lands in Bleasby in Sir John Mounson the younger Robert Thorold Esq and Anthony Eyre the elder Esq and their Heirs to sell for payment of the debts of Sir Robert Dallison and William Dallison An Act to enable the Trustees of Henry Nevil Esq to sell certain Mannors Lands and Tenements in the Counties of York and Leicester for payment of his and his Son William Nevils debts and likewise to confirm and strengthen the sale of such Lands as they have already sold in the County of York An Act for the making void certain Fines unduly procured to be levied by Sir Edward Powel Knight and Baronet and Dame Mary his wife An Act for sale of Sir Robert Slingsby deceased his Lands for payment of his debts An Act to enable Sir Anthony Brown to sell Lands for payment of debts An Act to enable Anthony Etrick to sell Lands for payment of his Debts An Act for the Naturalizing of Anna Ferrers and several other persons named therein An Act for the Naturalizing of Mark Le Pla and others An Act for the Repairing of Bengworth Bridge in the County of Worcester An Act to enable Rowland Okeover Esq to sell certain Lands in the County of Derby An Act to enable Mrs. Clemence Rivers and Mrs. Rose Rivers to sell certain Lands and Houses for payment of the Debts of Edward Rivers Esq deceased and provision for his younger children An Act to enable Thomas Peck Esq to sell a Mannor and some Lands in the County of Norfolk for the payment of his Debts and other uses An Act for confirmation of Agreements made between Thomas Bushel Esq and the Miners of Rowpits in Somersetshire for recovering their drowned and deserted works An Act for the setling certain Lands belonging unto Francis Tindal Gentleman upon Trustees to be sold for the payment of Debts An Act for confirmation of three Acts therein mentioned Anno decimo quinto Caroli Secundi Regis Angliae c. 1 AN Act for repairing the High-ways within the Counties of Hertford Cambridge and Huntingdon cap. 1. fol. 173. 2 An Act for the punishment of unlawful cutting or stealing or spoiling of Wood and Underwood and Destroyers of young Timber-Trees cap. 2. fol. 176. 3 An Act to explain and supply a former Act for distribution of threescore thousand pounds amongst the truly Loyal and Indigent Commission-Officers and for assessing of Offices and distributing the moneys thereby raised for their further supply cap. 3. fol. 179. EXP. 4 An additional Act for the better ordering the Forces in the several Counties of this Kingdom cap. 4. fol. 179. 5 An Act for Regulating select Vestries cap. 5. fol. 182. 6 An Act for
against him for discharging such prisoner Delayes in Suites by reason of 15 dayes between the Teste and Retorn of writs remedyed in actions personall And whereas very many Suits Commenced by Original Writs have béen protracted and long delayed from Iudgment and Execution by reason of the necessity of having fiftéen dayes at the least betwéen the dayes of the Teste and the dayes of Return of Writs now used in personal Actions and also in Actions of Ejectione Firmae for Lands and Tenements For remedy thereof and for the more easie expediting Trials and the better and more spéedy executing of Iudgments for the time to come Be it further Enacted by the Authority aforesaid That in all Actions of Debt and all other personal Actions whatsoever and also in all Actions of Ejectione firmae Ejectione firmae for Lands or Tenements now depending or which at any time hereafter shall be depending by Original Writ in either of His Majesties Courts aforesaid after any issue therein ioyned to be tried by a Iury and also after any Iudgment had or obtained or to be had or obtained in either of the Courts aforesaid Venire facias Habeas Corpora Jurator Distringas Jurator Fieri fac Capias ad satisfaciendum Capias ad satisfaciendum where Exigent lyeth after Iudgment or to make the Bail appear excepted 3. Jac. cap. 8. Touching staying executions by Supersedeas or Writs of Errour and what actions it may be stayd There shall not néed to be fiftéen dayes betwéen the Teste day and the day of Retorn of any Writ or Writs of Venire facias Habeas Corpora Juratorum or Distringas Juratores Writs of Fieri facias or Writs of Capias ad satisfaciendum and that the want of Fiftéen dayes between the Teste day and the day of Retorn of any such Writ shall not be nor shall be assigned taken or adjudged to be any matter or Cause of Errour any Law Custome Statute Course or Vsage to the contrary thereof in any wise notwithstanding Provided nevertheless that this Act nor any thing therein contained shall not Extend or be construed to Extend to any Writ of Capias ad Satisfaciendum whereon a Writ of Exigent after Iudgment is to be awarded nor to Capias ad Satisfaciendum against the Defendant in Order to make any Bail liable but that the same continue and be as if this Act had never béen made And whereas by an Act of Parliament made in the third year of the Reign of our late Soveraign Lord King James of Blessed Memory a very good Law was made for avoiding unnecessary delayes of Execution Whereby it is Enacted That no Execution shall be stayed or delayed upon or by any Writ of Errour or Supersedeas thereupon to be sued for the reversing of any Iudgment to be given in any Action or Bill of Debt upon any single Bond for Debt or upon any Obligation with Condition for payment of money onely or upon Action or Bill of Debt for Rent or upon any Contract sued in any of His Highness Courts of Record at Westminster or in the Counties Palatine of Chester Lancaster or Durham or in His Highness Courts of Great Sessions in any of the Twelve Shires of Wales unless such person or persons in whose name or names such Writ of Error shall be brought with two sufficient Sureties such as the Court wherein such Iudgment is or shall be given shall allow of shall first before such stay made or Supersedeas to be awarded be bound to the party for whom any such Iudgment was or should be given by Recognizance to be acknowledged in the same Court in double the sum adiudged to be recovered by the said former Iudgment to prosecute the said Writ of Error with effect and also to satisfie and pay if the said Iudgment shall be affirmed all and singular the Debts Damages and Costs adjudged or to be adjudged upon the former Iudgment And all Costs and Damages to be also awarded for the same delaying of Execution which Law hath béen found by experience to be very good and beneficial to the Common-Wealth And forasmuch as divers other Cases within the same mischief by delayes and staying of Execution by Writs of Error and Supersedeas thereupon are not provided for by the said Statute For further remedy against delayes and staying of Executions in the several Actions hereafter specified Be it further Enacted and Ordained by the Authority aforesaid In what Actions execution may be stayed by writ of Error by this Statute That from and after the twentieth day of January in the year of our Lord One thousand six hundred sixty and one no Execution shall be stayed in any of the Courts aforesaid by any Writ or Writs of Error or Supersedeas thereupon after any Verdict and Iudgment thereupon obtained in any Action of Debt grounded upon the Statute made in the second year of the Reign of the late King Edward the sixth for not setting forth of Tythes nor in any Action upon the Case upon any promise for payment of money Actions sur Trover Action of Covenant Detinue and Trespass unless such Recognizance and in such manner as by the said recited former Act is directed shall be first acknowledged in the said Court where such Iudgment is given And be it also Enacted by the Authority aforesaid The Defendant to have double Costs for delays of his Execution by writ of Error That if any person or persons after the said day shall Sue or Prosecute any Writ or Writs of Error for Reversal of any Iudgment whatsoever given after any Verdict in any of the Courts aforesaid and the said Iudgment shall afterwards be affirmed then every such person or persons shall pay unto the Defendant or Defendants in the said Writ or Writs of Error his or their double Costs to be assessed by the Court where such Writ of Error shall be depending for the delaying of Execution Provided nevertheless that this Act nor any thing therein contained Popular actions or upon a penal Law Indictments c. not within this Statute shall not extend to any Action Popular nor unto any other Action which is or hereafter shall be brought upon any penal Law or Statute except Debt for not setting out Tythes as aforesaid nor to any Indictment Presentment Inquisition Information or Appeal any thing herein before expressed to the contrary thereof notwithstanding CAP. III. An Act for Granting unto the Kings Majesty Twelve hundred and threescore thousand pounds to be Assessed and Levied by an Assessment of Threescore and ten thousand pounds by the Moneth for Eighteen Moneths EXP. CAP. IV. For enabling the Kings Majesty to make Leases Grants and Copies of Offices Lands Tenements and Hereditaments parcel of his Highness Dutchy of Cornwall or annexed to the same and for Confirmation of Leases and Grants already made WHereas a great part of the Lands part of and annexed to the Dutchy of Cornwall Stat. 22 Jac.
of Arundel Surrey and Norfolk to the Dignity and Title of Duke of Norfolk An Act to restore to Wentworth Earl of Roscomon of the Kingdom of Ireland all the Honors Castles Lordships Lands Tenements and Hereditaments in Ireland whereof James Earl of Roscomon his Great-Grand Father or James Earl of Roscomon his Father c. An Act for restoring of Sir George Hamilton unto his Lands and Estate in Ireland An Act for maintenance of the Vicar for the time being of the Vicaridge of Royston in the Counties of Hertford and Cambridge and of his Successors Vicars of the said Vicaridge An Act for enabling Sir William Wray to sell Lands for payment of his debts and raising of Portions for his younger Children An Act for naturalizing of Gerard Vanhenthusen Daniel Demetrius and others An Act for enabling of John Newton the younger and William Oakeley to make sale of Lands for payment of debts and raising of Portions c. An Act for the levying of certain moneys due upon the Collection for the Protestants of Piedmont An Act for the Naturalization of John Boreel Esq Eldest Son of Sir William Boreel Knight and Baronet An Act for the Naturalization of Abraham Watchtor born beyond the Seas An Act for restoring of Sir Thomas Grimes Baronet to his Estate An Act for enabling George Fawnt of Foston in the County of Leicester Esq to sell and conveigh part of his Lands for payment of several Debts Legacies charged upon his Estate by Sir William Fawnt Knight deceased and for the raising of Portions for his younger children and making his Wife a Joynture An Act for Naturalizing Francis Hide and others An Act to nable Joseph Micklethwaite an Infant and his Trustees to sell Lands for payment of his Fathers Debts An Act for raising portions and making provision for maintenance for the younger children of Sir Edward Gostwick An Act for confirming the Sale of the Mannor of Hitcham sold to Charles Doe by Sir John Clark Knight and Baronet and for setling and disposing other the Lands of the said Sir John Clerke and Dame Philadelphia his Wife An Act for the setling of some of the Mannors and Lands of the Earl of Cleaveland in Trustees to be sold for the satisfying of the Debts of the said Earl and of Thomas Lord Wentworth his Son An Act for the disappropriating of the Rectory appropriate of Preston and uniting and consolidating of the said Rectory and of the Vicaridge of the Church of Preston and for assuring of the Advowson and right of Patronage of the same unto the Master Fellows and Scholars of Emanuel Colledge in Cambridge and their Successors An Act for making the Precincts of Covent Garden Parochial Anno Decimo tertio Caroli Secundi Regis Angliae c. AN Act for Safety and Preservation of his Majesties Person and Government against Treasonable and Seditious Practices and Attempts Cap. 1. fol. 75. 2 An Act for Repeal of an Act of Parliament Entituled An Act for disenabling all persons in Holy Orders to receive any Temporal Jurisdiction or Authority Cap. 2. fol. 77. 3 An Act for the Declaring Vesting and Setling of all such Moneys Goods and other things in his Majesty which were Received Levied or Collected in these late times and are remaining in the hands or possession of any Treasurers Receivers Collectors or others not pardoned by the Act of Oblivion Cap. 3. fol. 77. 4 An Act for a Free and Voluntary Present to his Majesty Cap. 4. fol. 78. 5 An Act against Tumults and Disorders upon pretence of preparing or presenting Publike Petitions or other Addresses to his Majesty or the Parliament Cap. 5. fol. 78. 6 An Act Declaring the Sole Right of the Militia to be in the King and for the present Ordering and disposing the same Cap. 6. fol. 78. 7 An Act for Confirming Publike Acts Cap. 7. fol. 79. 8 An Act for Providing necessary Carriages for his Majesty in his Royal Progress and Removals Cap. 8. fol. 80. 9 An Act for the establishing Articles and Orders for the regulating and better Government of his Majesties Navies Ships of War and Forces by Sea Cap. 9. fol. 81. 10 An Act to prevent the Unlawful Coursing Hurting or Killing of Deer Cap. 10. fol. 85. 11 An Act for Confirming three Acts therein mentioned Cap. 11. fol. 85. 12 An Act for Explanation of a Clause contained in an Act of Parliament made in the 17th year of the late King Charles Entituled An Act for Repeal of a Branch of a Statute Primo Elizabethae concerning Commissioners for Causes Ecclesiastical Cap. 12. fol. 86. 13 An Act for Vesting the Arrears of the Excise and New Impost in his Majesty Cap. 13. fol. 87. 14 An Act for Confirming an Act Entituled An Act for Encouraging and Increasing of Shipping and Navigation and several other Acts both Publike and Private mentioned therein Cap. 14. fol. 87. 15 An Act Declaring the Pains Penalties and Forfeitures imposed upon the Estates and Persons of certain notorious Offenders Excepted out of the Act of Free and General Pardon Indempnity and Oblivion Cap. 15. fol. 88. Private Acts. An Act for ascertaining and Establishing the Fees of the Masters of the Chancery in Ordinary An Act for Confirming a Sale made by Sir Thomas Prestwich and others of the Mannor of Holm and certain Lands in the Parish of Manchester in the County of Lancaster unto Sir Edward Mosley Baronet An Act for Restoring of Thomas Radcliffe Esq to all his Lands and Possessions in England and Ireland An Act enabling John Harbin Esq to settle sell and dispose of several Mannors Messuages Lands Tenements and Hereditaments with the Appurtenances in the County of Somerset and Dorset therein mentioned for Payment of his Debts and to make provision for his younger Children An Act to enable the Sale of some of the Lands of Thomas Hunt Esq and John Hunt Gent. for the payment of their Debts An Act for setling the Mannors Knoll Seal and Kempsing in the County of Kent upon the Earl of Dorset and his Heirs and charging the Mannor of Bexhill and the Mannor or Farm of Cawding and other Lands in the County of Sussex with a Rent charge of One hundred and thirty pounds per annum in lieu thereof An Act for Confirmation of the Charter and Priviledges of the Master Wardens and Commonalty of Weavers Fullers and Clothiers in the City of Worcester An Act for Setling of several Lands late of Sir Edward Baesh Knight upon Sir Ralph Baesh Knight of the Bath Heir of the said Sir Edward and his Heirs An Act for Confirmation and Explanation of an Act for the Setling of some of the Mannors and Lands of the Earl of Cleaveland in Trustees to be sold for the satisfying of the Debts of the said Earl and Thomas Lord Wentworth his Son An Act for the Uniting the Parsonages of St. Andrews and St. Mary Witton in Droitwich in the County of Worcester An Act to enable John Lord Abergavenny Son and Heir of
for Prize-goods cap. 6. fol. 256. 7 An Act for continuance of a former Act for Regulating the Press cap. 7. fol. 258. 8 An Act to prevent Arrests of Judgment and Superseding Executions cap. 8. fol. 258. 9 An Act to impower the Chancellour of the Dutchy to grant Commissions for taking Affidavits within the Dutchy-Liberty cap. 9. fol. 259. 10 An Act for continuance of a former Act for Repairing the High-wayes within the County of Hertford cap. 10. fol. 259. 11 An Act for Draining of the Fenn called Deeping-Fenn and other Fenns therein mentioned cap. 11. fol. 261. 12 An Act for making the River Avon Navigable from Christ-Church to the City of New-Sarum cap. 12. fol. 270. Private Acts. AN Act to enable Sir Edward Hungerford Knight of the Bath to sell certain Lands in the County of Devon An Act for the enabling of Trustees to sell part of the estate of Samuel Sandys the elder Esquire and of his son Samuel Sandys for payment of debts An Act for confirming a Deed of Settlement between the Earl of Thanet and his younger Brothers An Act to enable the Bishop of Winchester to convey One hundred Acres of Land lying in the great disparked Park of Bishops-Waltham in the Parish of Bishops-Waltham in the County of Southampton upon the Rector of the said Parish-Church of Bishops-Waltham and his Successors in lieu of all Tythes and Payments for Tythes due to the said Rector and his Successors for Waltham-Parks An Act to enable the Lord Henry Powlet George Withers and John Mompesson to sell the Mannor of Abbots-Anne in the County of Southampton An Act to enable Henry Lord Loughborough to make the River and Sewer Navigable from or near Bristow Causey in the County of Surrey into the River of Thames An Act to enable Trustees for the Lord Strangford to sell Lands for payment of Debts An Act for restoring of Sir Charles Stanley in blood An Act for the setling of several Mannors Lands and Tenements of Sir Jacob Astley lying in the Counties of Norfolk and Warwick An Act for setling the Estate of Sir Robert Carr Baronet An Act for making the River of Medway Navigable in the Counties of Kent and Sussex An Act for making divers Rivers Navigable or otherwise passable for Boats Barges and other Vessels An Act for setling of Differences between the Towns of Great and Little Yarmouth touching the lading and unlading of Herrings and other Merchandises and Commodities An Act for the Naturalizing of Dederic alias Richard Comes and others An Act for confirming of an Act intituled An Act to enable Joseph Micklethwaite an Infant and his Trustees to sell Land for payment of his Fathers debts An Act for the inabling of Thomas Juckes of Treliddan in the County of Mountgomery Esquire to sell Lands for the payment of his Debts and raising of younger childrens portions An Act to enable Francis Lee Esquire to sell Lands for payment of Debts and to make provision for his children Anno Decimo septimo Caroli Secundi Regis Angliae c. 1 AN Act for granting the sum of Twelve hundred and fifty thousand pounds to the Kings Majesty for His present further Supply cap. 1. fol. 273. 2 An Act for Restraining Non-Conformists from Inhabiting in Corporations cap. 2. fol. 278. 3 An Act for Uniting Churches in Cities and Towns Corporate cap. 3. fol. 279. 4 An Act for Continuance of a former Act for Regulating the Press cap. 4. fol. 280. 5 An Act for attainting Thomas Dolman Joseph Bampfeild and Thomas Scott of High-Treason if they render not themselves by a day cap. 5. fol. 281. 6 An Act for taking away of Damage Cleere cap. 6. fol. 281. 7 An Act for a more speedy and effectual proceeding upon Distresses and Avowries for Rents cap. 7. fol. 282. 8 An Act for avoiding Unnecessary Suits and Delays cap. 8. fol. 283. 9 An Act for granting One moneths Assessment to His Majesty cap. 9. fol. 283. A Private Act. An Act for the Naturalization of Lewis Blanquefort and others Anno decimo octavo Caroli Secundi Regis Angliae c. 1 AN Act for Raising Moneys by a Poll and otherwise towards the Maintenance of the present War cap. 1. fol. 286. 2 An Act against Importing Cattel from Ireland and other parts beyond the Seas and Fish taken by Forreigners cap. 2. fol. 298. 3 An Act to continue a former Act for preventing of Theft and Rapine upon the Northern Borders of England cap. 3. fol. 299. 4 An Act for Burying in Woollen only cap. 4. fol. 299. 5 An Act for encouraging of Coynage ca. 5. fol. 300. Private Acts. AN Act for enlarging the time given by a former Act for Redemption of Mortgages made by the Earl of Cleveland An Act for Naturalizing of Isabella of Nassau Wife of the Right Honourable the Lord Arlington one of His Majesties Principal Secretaries of State An Act for Supply of part of the Joynture of the Lady Elizabeth Neell An Act for Setling the Estate of John Bodvell Esquire deceased An additional Act for Enabling the Sale of Lands to pay the Lord Strangford's Debts Anno decimo nono Caroli Secundi Regis Angliae c. 1 AN Act Explanatory of the Act for Raising Moneys by a Poll and otherwise towards the Maintenance of this present War cap. 1. fol. 302. 2 An Act for Erecting a Judicature for Determination of Differences touching Houses Burned or Demolished by reason of the late Fire which happened in LONDON cap. 2. fol. 303. 3 An Act for Rebuilding the City of LONDON cap. 3. fol. 304. 4 An Act for Relief of poor Prisoners and setting of them on work cap. 4. fol. 315. 5 An Act extending a former Act concerning Replevins and Avouries to the Principality of Wales and the County Palatines cap. 5. fol. 316. 6 An Act for Redress of Inconveniencies by want of Proof of the Deceases of Persons beyond the Seas or absenting themselves upon whose Lives Estates do depend cap. 6. fol. 316. 7 An Act to prevent the Disturbances of Seamen and others and to preserve the Stores belonging to His Majesties Navy Royal cap. 7. fol. 316. 8 An Act for granting the sum of Twelve hundred fifty six thousand three hundred forty seven pounds thirteen shillings to the Kings Majesty towards the Maintenance of the present War Private Acts. AN Act for Naturalizing of Hesther le Lov the Daughter and Co-heir of Gideon le Lou Lord of Coliumbers in Normandy the now Wife of the Right Honourable Denzill Lord Hollis of Ifield An Act for Confirming Explaining and Enlarging an Act Entituled An Act to Enable John Lord Abergaveny Son and Heir of Henry late Lord Abergaveny to Sell certain Lands for Payment of his Debts and Preferment of his Brother and Sisters An Act for the Illegitimation of the Children of the Lady Anne Roos An Act for Sale of a Messuage in Chiswick for Payment of the Debts of Edward Russel Esquire An Act for Confirmation of a Settlement of the Estate of
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
any thing contrary to the purport true intent and meaning of this Law Then he or they shall for such offence forfeit the sum of Five hundred pounds of lawful Money of England unto any party grieved his Executors or Administrators who shall really prosecute for the same and first obtain Iudgment thereupon to be recovered in any Court of Record at Westminster by Action of Debt Bill Plaint or Information wherein no Essoin Protection Wager of Law Aid-Prayer Priviledg Injunction or Order of restraint shall be in any wise prayed granted or allowed nor any more then one Imparlance And if any person against whom any such Iudgment or Recovery shall be had as aforesaid shall after such Iudgment or Recovery offend again in the same then he Second offence or they for such offence shall forfeit the sum of One thousand pounds of lawful money of England unto any party grieved his Executors or Administrators who shall really prosecute for the same and first obtain Iudgment thereupon to be recovered in any Court of Record at Westminster by Action of Debt Bill Plaint or Information in which no Essoin Protection Wager of Law Aid-Prayer Priviledg Iniunction or Order of Restraint shall be in any wise prayed granted or allowed nor any more then one Imparlance And if any person against whom any such second Iudgment or Recovery shall be had as aforesaid shall after such Iudgment Third offence or recovery offend again in the same kind and shall be thereof duly convicted by Indictment Information or any other lawful way or means that such person so convicted shall be from thenceforth disabled and become by vertue of this Act incapable Ipso facto to bear his and their said Office and Offices respectively and shall be likewise disabled to make any Gift Grant Conveyance or other disposition of any of his Lands Tenements Hereditaments Goods or Chattels or to take any benefit of any Gift Conveyance or Legacy to his own use And every person so offending shall likewise forfeit and lose unto the party grieved Treble damages to the party grieved by any thing done contrary to the true intent and meaning of this Law his treble damages which he shall sustain and be put unto by means or occasion of any such Act or thing done the same to be recovered in any of his Majesties Courts of Record at Westminster by Action of Debt Bill Plaint or Information wherein no Essoin Protection Wager of Law Aid-Prayer Priviledg Injunction or Order of Restraint shall be in any wise Prayed Granted or Allowed nor any more then one Imparlance Every person committed contrary to this Act shall have an Habea◠Corpus And be it also provided and Enacted That if any person shall hereafter be committed restrained of his Liberty or suffer imprisonment by the Order or Decrée of any such Court of Star-Chamber or other Court aforesaid now or at any time hereafter having or pretending to have the same or like Iurisdiction power or authority to commit or imprison as aforesaid Or by the command or Warrant of the Kings Maiesty his Heirs or Successors in their own Person or by the command or Warrant of the Councel-board or of any of the Lords or others of his Majesties Privy Councel That in every such case every person so committed restrained of his liberty or suffering imprisonment upon demand or motion made by his Counsel or other imployed by him for that purpose unto the Iudges of the Court of Kings Bench or Common Pleas in open Court shall without delay upon any pretence whatsoever for the ordinary Fées usually paid for the same have forthwith granted unto him a Writ of Habeas Corpus to be directed generally unto all and every Sheriffs Gaoler Minister Officer or other person in whose custody the party committed or restrained shall be and the Sheriffs Gaoler Minister Officer or other person in whose custody the party so committed or restrained shall be shall at the return of the said Writ and according to the command thereof upon due and convenient notice thereof given unto him at the charge of the party who requireth or procureth such Writ and upon security by his own bond given to pay the charge of carrying back the prisoner if he shall be remanded by the Court to which he shall be brought as in like cases hath béen used such charges of bringing up and carrying back the prisoner to be alwayes ordered by the Court if any difference shall arise thereabout bring or cause to be brought the body of the said party so committed or restrained unto and before the Iudges or Iustices of the said Court from whence the same Writ shall issue in open Court and shall then likewise certify the true cause of such his detainer or imprisonment and thereupon the Court within thrée Court-dayes after such return made and delivered in open Court shall procéed to examine and determine whether the cause of such commitment appearing upon the said return be iust and legal or not and shall thereupon do what to Iustice shall appertain either by delivering bailing or remanding the prisoner And if any thing shall be otherwise wilfully done or omitted to be done by any Iudg Iustice Officer or other person aforementioned contrary to the direction and true meaning hereof That then such person so offending shall forfeit to the party grieved Treble damages in default his treble damages to be recovered by such means and in such manner as is formerly in this Act limited and appointed for the like penalty to be sued for and recovered To what Courts this Act shall extend Provided alwayes and be it Enacted That this Act and the several clauses therein contained shall be taken and expounded to extend only to the Court of Star-Chamber and to the said Courts holden before the President and Councel in the Marches of Wales and before the President and Councel in the Northern parts and also to the Court commonly called the Court of the Dutchy of Lancaster holden before the Chancellor and Councel of that Court And also in the Court of Exchequer of the County Palatine of Chester held before the Chamberlain and Councel of that Court And to all Courts of like Iurisdiction to be hereafter erected ordained constituted or appointed as aforesaid And to the Warrants and directions of the Councel-boards and to the commitments restraints and imprisonments of any person or persons made commanded or awarded by the Kings Majesty his Heirs or Successors in their own person or by the Lords and others of the Privy Councel and every one of them Offenders of this Act shall be impleaded within two years after any offence And lastly provided and be it Enacted That no person or persons shall be sued impleaded molested or troubled for any offence against this present Act unless the party supposed to have so offended shall be sued or impleaded for the same within two years at the most after such
assembled and by the Authority of the same and it is hereby Enacted The Court of Wards and Liveries Primer-Seisin c. taken away That the Court of Wards and Liveries and all Wardships Liveries Primer-Seisins and Ouster-le-mains Values and forfeitures of Marriages by reason of any Tenure of the Kings Majesty or of any other by Knights-service and all mean Rates and all other Gifts Grants Charges incident or arising for or by reason of Wardships Liveries Primer-Seisins or Ouster-le-mains be taken away and discharged and are hereby Enacted to be taken away and discharged from the said twenty fourth day of February One thousand six hundred forty five any Law Statute Custom or Vsage to the contrary hereof in any wise notwithstanding Fines for alienations c. taken away 1 Car. 1. cap. 3. And that all Fines for Alienations Seizures and Pardons for Alienations Tenure by Homage and all Charges incident arising for or by reason of Wardship Livery Primer-Seisin or Ouster-le-main or Tenure by Knights-service Escuage and also Aide pur file marrier pur faier fits Chivalier and all other Charges incident thereunto be likewise taken away and discharged from the said Twenty fourth day of February One thousand six hundred forty and five any Law Tenures by Knights service taken away Statute Custom or Vsage to the contrary hereof in any wise notwithstanding And that all Tenures by Knights-Service of the King or of any other person and by Knights-Service in Capite and by Soccage in Capite of the King and the Fruits and consequents thereof happened or which shall or may hereafter happen or arise thereupon or thereby be taken away and discharged Any Law Statute Custome or usage to the contrary hereof in any wise notwithstanding And all Tenures of any Honors Manors Lands Tenements or Hereditaments or any Estate of Inheritance at the Common-Law held either of the King or of any other person or persons Bodies Politick or Corporate are hereby Enacted to be turned into frée and common Soccage to all intents and purposes from the said Twenty fourth day of February One thousand six hundred forty five and shall be so construed adjudged and déemed to be from the said Twenty fourth day of February One thousand six hundred forty five and for ever thereafter turned into frée and common Soccage Any Law Statute Custome or usage to the contrary hereof in any wise notwithstanding Tenures by domage escuage c. discharged And that the same shall for ever hereafter stand and be discharged of all Tenure by Homage Escuage Voyages-Royal and charges for the same Wardships incident to Tenure by Knights-Service and values and forfeitures of marriage and all other charges incident to tenure by Knights-service And of and from Aide pur file marrier and Aide pur faier fitz Chivalier any Law Statute Vsage or Custom to the contrary in any wise notwithstanding And that all Conveyances and Devises of any Mannors Lands Tenements and Hereditaments made since the said 24th of February shall be expounded to be of such effect as if the same Mannors Lands Tenements and Hereditaments had béen then held and continued to be holden in frée and common Soccage only any Law Statute Custome or usage to the contrary hereof in any wise notwithstanding And be it further ordained and enacted by the authority of this present Parliament The Acts of 32 H. 8. cap. 6. 33 H 8. cap. 22. repealed That one act made in the reign of King Henry the 8th Entituled An Act for the establishment of the Court of the Kings Wards And also one Act of Parliament made in the 33. year of the reign of the said King Henry the 8th concerning the Officers of the Court of Wards and Liveries and every Clause Article and Matter in the said Acts contained shall from henceforth be repealed and utterly void And be it further Enacted by the authority aforesaid All tenures to be created by the King hereafter shall be free and common soccage That all tenures hereafter to be created by the Kings Majesty his Heirs or Successors upon any gifts or grants of any Mannors Lands Tenements or Hereditaments of any Estate of Inheritance at the common law shall be in frée and common soccage and shall be adjudged to be in free and common soccage only and not by Knights Service or in Capite and shall be discharged of all Wardship value and forfeiture of marriage Livery Primer-Seizin Ouster le main Aide pur faier fits Chivalier and pur file marrier any Law Statute or reservation to the contrary thereof in any wise notwithstanding Provided nevertheless and be it Enacted That this Act or any thing therein contained Proviso for rents certain herriots c. shall not take away nor be construed to take away any Rents certain Herriots or Suits of Court belonging or incident to any former Tenure now taken away or altered by vertue of this Act or other Services incident or belonging to Tenure in common Soccage due or to grow due to the King Majesty or mean Lords or other private person Fines for Alienations due by particular customs of Mannors or the fealty and distresses incident thereunto And that such relief shall be paid in respect of such Rents as is paid in case of the death of a Tenant in common Soccage Provided always and be it enacted That any thing herein contained shall not take away nor be construed to take away any Fines for Alienation due by particular customs of particular Mannors places other then fines for alienations of lands or Tenem holden immediately of the K. in Capite Provided also and be it further Enacted That this Act or any thing therein contained Tenures in Frank Almoigne Copy of court Roll. shall not take away or be construed to take away Tenures in Frank Almoigne or to subiect them to any greater or other services then now are nor to alter or change any Tenure by Copy of Court Roll or any services incident thereunto nor to take away the honorary services of Grand Serjeanty other then of Wardship Marriage and value of Forfeiture of Marriage Escuage Voyages Royal and other charges incident to Tenure by Knights Service Honorary services and other then Aide pur faier fitz Chivalier and Aide pur file marrier And be it further Enacted by the authority aforesaid That where any person hath or shall have Parents may dispose of the custody of children during their mâ—nority and Child or Children under the age of 21 years and not married at the time of his death That it shall and may be lawful to and for the Father of such child or children whether born at the time of the decease of the Father or at that time in ventre sa mere or whether such Father be within the age of 21 years or of full age by his Deed executed in his life time or by his last Will and Testament in writing in the presence of
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
That all and every the Goods Debts and other the Chattels personal whatsoever of them the said Oliver Cromwell Henry Ireton John Bradshaw Thomas Pride whereof at the time of their respective deaths they or any of them or any other in trust for them or any of them stood possessed in Law or Equity All their goods personal estate forfeited vested in his Majesty and all the Goods Debts and other the Chattels personal whatsoever of them the said John Lisle William Say Valentine Wauton Edward Whalley John Barkstead Edmond Ludlow Sir Michael Livesey John Okey John Hewson William Goffe Cornelius Holland Thomas Challoner William Cawley Miles Corbet Nicholas Love John Dixwell Andrew Broughton Edward Dendy Thomas Harrison Adrian Scroop John Carew John Jones Thomas Scot Gregory Clement Hugh Peters Francis Hacker John Cook Daniel Axtel Sir Hardress Waller William Heveningham Isaac Penington Henry Martin Gilbert Millington Robert Titchbourn Owen Row Robert Lilburn Henry Smith Edmond Harvey John Downs Vincent Potter Augustine Garland George Fleetwood Simon Meyne James Temple Peter Temple Thomas Wayte Whereof they were possest or any for them 11 Feb. 1659. whereof upon the eleventh day of February One thousand six hundred fifty nine they or any of them or any other in trust for them or any of them stood possessed either in Law or Equity shall be déemed and adjudged to be forfeited unto and are hereby vested and put into the actual and real possession of Your Majesty without any further Office or Inquisition thereof hereafter to be taken or found Provided alwayes and be it Enacted by the Authority aforesaid That no Conveyance Proviso for conveyances by any of the offenders Assurance Grant Bargain Sale Charge Lease Assignment of Lease Grants and Surrenders by Copy of Court-Roll Estate Interest Trust or limitation of any Vse or Vses of or out of any Manors Lands Tenements or Hereditaments not being the Lands nor Hereditaments of the late King Quéen or Prince or of any Arch-bishops Bishops Deans Deans and Chapters nor being Lands or Hereditaments sold or given for the Delinquency or pretended Delinquency of any person or persons whatsoever by vertue or pretext of any Act Order Ordinance or reputed Act Order or Ordinance since the first day of January One thousand six hundred forty one nor any Statute Statutes Iudgments c. before the 9th of Sept. 1659. Iudgment or Recognizance had made acknowledged or suffered to any person or persons Bodies Politick or Corporate before the twenty ninth day of September One thousand six hundred fifty nine by any of the Offenders before in this Act mentioned or their Heirs or by any other person or persons claiming by from or under them or any of them other then the wife or wives For money bona fide lent c. Conveyances in trust made before the â—â— of April 166â— to any the said Offenders child or children heir or heirs of such person or persons or any of them for money bona fide to them or any of them paid or lent nor any Conveyance Assurance Grant or Estate made before the twenty fifth of April One thousand six hundred and sixty by any person or persons to any of the Offenders aforesaid in Trust and for the benefit of any other person or persons not being any of the offenders aforesaid or in trust for any Bodies Politick or Corporate shall be impeached defeated made void or frustrated hereby or by any of the Convictions and Attainders aforesaid but that the same shall be held and enioyed by the Purchasers Grantées Lessées Assigns Cestuy que use Cestuy que trust and every of them their Heirs Executors Administrators and Assigns respectively as if this Act had not béen made and as if the said Offenders had not béen by this Act or by any other course or procéedings of Law convicted or attainted so as the said Conveyances Such conveyances to be enrolled in the Court of Exchequer before the first of Ian. 1662. and all and every the Grants and Assurances which by vertue of this Act are and ought to be held and enjoyed as aforesaid shall before the first of January which shall be in the year of our Lord One thousand six hundred sixty two be entred and enrolled of Record in His Majesties Court of Exchequer and not otherwise Any thing in this Act herein before contained to the contrary in any wise notwithstanding Proviso for the Marquess of Worcester c. Provided alwayes and be it Enacted by the Authority aforesaid That all and singular the Manors Lands Tenements and Hereditaments which at any time heretofore were the Lands and possessions of Henry late Marquess of Worcester and Edward now Marquess of Worcester and Henry Lord Herbert Son and Heir apparent of the said Edward Marquess of Worcester or any of them whereof or wherein the said Oliver Cromwell or any other person or persons in trust for him or to his use or any other the persons attainted by this Act or otherwise or any person or persons in trust for them or any of them had or claimed or pretended to have any Estate Right Title Possession or Interest at any time before or since the decease of the said Oliver Cromwell shall be and hereby are vested and setled in and shall be held and enjoyed by the said Marquess of Worcester and the said Henry Lord Herbert in such manner and form and for such Estate and Estates with such powers and priviledges as they formerly had in the same respectively Any thing in this present Act contained or any Act Conveyance or Assurance heretofore made or acknowledged by the said Edward Marquess of Worcester and Henry Lord Herbert or either of them unto the said Oliver Cromwell or any other person or persons in trust for or to the use of the said Oliver Cromwell or any Act or Conveyance made or done by the said Oliver Cromwell or by any in trust for him to any person whatsoever to the contrary notwithstanding Saving alwayes to all and every person and persons Saving Bodies Politick and others their respective Heirs Successors Executors and Administrators all such Right Title and Interest in Law and Equity which they or any of them have or ought to have of into or out of any the Premisses not being in trust for any the said Offenders nor derived by from or under the said Offenders since the twenty fifth day of March which was in the year of our Lord One thousand six hundred forty six And that they the said person and persons Bodies Politick and other their respective Heirs Successors Executors and Administrators and every of them in all and every such case where his and their Entry was lawful upon such Offender or Offenders or the Heirs or Assigns of such Offender or Offenders in or upon the said twenty fifth day of March one thousand six hundred forty and six or at any time since may without Petition Monstrans
to have the full force and strength of Acts of Parliament according to the tenor and purport thereof and so shall be adjudged déemed and taken to all intents and purposes whatsoever and as if the same had béen Made Declared and Enacted by Authority of this present Parliament CAP. XV. The Pains Penalties and Forfeitures Imposed upon the Estates and Persons of certain notorious Offenders excepted out of the Act of Free and General Pardon Indempnity and Oblivion St. 12 Car. 2. cap. 11. The Lands and Tenements of the persons deceased not discharged by the Act of General Pardon VVHereas in a certain Act passed in the late assembly held at Westminster in the Twelfth year of His Majesties Reign and confirmed by the Authority of this present Parliament Entituled An Act of Free and General Pardon Indempnity and Oblivion amongst other things it is provided that nothing therein contained should extend to discharge the Lands Tenements Goods Chattels Rights Trusts and other the Hereditaments late of Isaac Ewer deceased Sir John Danvers deceased Sir Thomas Maleverer Baronet deceased William Purefoy deceased John Blakiston deceased Sir William Constable Baronet deceased Richard Dean deceased Francis Aleyn deceased Peregrin Pelham deceased John Moore deceased John Aldred alias Alured deceased Humphrey Edwards deceased Sir Gregory Norton Baronet deceased John Venn deceased Thomas Andrews Alderman deceased Anthony Stapley deceased Thomas Horton deceased John Fry deceased Thomas Hammond deceased and Sir John Bourchier deceased of and from such pains penalties and forfeitures as by one other Act of Parliament intended to be afterwards passed for that purpose should be expressed and declared All which persons before mentioned were whilst they lived notoriously known to have béen wicked and active Instruments in the prosecution and compassing of that horrid and Execrable Treason the Murther of our late Soveraign Lord King CHARLES the First of ever blessed memory And whereas William Lord Mounson James Challoner Sir Henry Mildmay Sir James Harrington John Phelps and Robert Wallop who in the moneth of January One thousand six hundred forty eight did act and fit in that Traiterous Assembly which procéeded against the Person and Life of our said late Soveraign Lord King CHARLES the First and Sir Arthur Haslerig who in his life did commit many horrid and Traiterous Crimes against the Person Crown and Dignity of his late Majesty of glorious memory and his Majesty that now is are all of them excepted out of the said Act and reserved to future Pains Penalties and Forfeitures not extending to life since the passing of which Act so as aforesaid confirmed Sir Arthur Haslerig and James Challoner died and no Act hath yet passed for the inflicting of due Pains Penalties and Forfeitures upon the Persons and Estates of the Offenders aforesaid We therefore the Lords and Commons in Parliament assembed do beséech your Majesty That it may be enacted And be it Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords and Commons in this present Parliament assembled The Mannors Lands c. of the persons named and by authority of the same That all and every the Mannors Messuages Lands Tenements Rents Reversions Remainders Possessions Rights Conditions Interests Offices Fées Annuities and all other the Hereditaments Leases for years Chattels Real and other things of what nature soever they be of them the said Isaac Ewer Sir John Danvers Sir Thomas Maleverer William Purefoy John Blakiston Sir William Constable Richard Dean Francis Aleyn Peregrin Pelham John Moore John Aldred alias Alured Humphrey Edward Sir Gregory Norton John Venn Thomas Andrews Of which they were seised the 20th of March 1646. or since forfeited and vested in his Majesty The goods debts Chattels of which the persons named were possessed at the time of their death forfeited to his Majesty The goods c. of which William Lord Mounson Sir Hen. Mildmay Sir James Harrington John Phelps and Rob. Wallop were possessed the 11. of Feb. 1659. forfeited and vested in his Majesty Anthony Stapley Thomas Horton John Fry Thomas Hammond Sir John Bourchier William Lord Mounson James Challoner Sir Henry Mildmay Sir James Harrington John Phelps Robert Wallop and Sir Arthur Haslerig which they or any of them or any other person or persons to their or any of their uses or in trust for them or any of them had the five and twentieth day of March in the year of our Lord One thousand six hundred forty and six or at any time since shall stand and be forfeited unto your Majesty your Heirs and Successors and shall be déemed vested and adjudged to be in the actual and real possession of Your Majesty without any Office or Inquisition thereof hereafter to be taken or found And also that all and every the Goods Debts and other the Chattels personal whatsoever of them the said Isaac Ewer Sir John Danvers Sir Thomas Maleverer William Purefoy John Blakiston Sir William Constable Richard Dean Francis Aleyn Peregrin Pelham John Moore John Aldred alias Alured Humphrey Edwards Sir Gregory Norton John Venn Thomas Andrews Anthony Stapley Thomas Horton John Fry Thomas Hammond Sir John Bourchier James Challoner and Sir Arthur Haslerig whereof they or any of them at the time of their respective deaths or any other in Trust for them or any of them stood possessed or interessed in Law or Equity and all the Goods Debts and other the Chattels personal whatsoever of them the said William Lord Mounson Sir Henry Mildmay Sir James Harrington John Phelps Robert Wallop whereof upon the eleventh day of February in the year of our Lord One thousand six hundred fifty and nine they or any of them or any other in trust for them or any of them stood possessed either in Law or Equity shall be déemed and adjudged to be forfeited and are hereby vested and put into the actual and real possession of your Majesty without any further Office or Inquisition thereof hereafter to be taken or found Provided alwayes and be it Enacted by the Authority aforesaid That no Conveyance Assurance Grant Bargain Sale Charge Lease Assignment of Lease Grants Proviso for conveyances and assurances c. made bona fide before the 29. of September and Surrenders by Copy of Court-Roll Estate Interest Trust or Limitation of any use or uses of or out of any Mannors Lands Tenements or Hereditaments not being the Lands nor Hereditaments of the late King Quéen or Prince or of any Archbishops Bishops Deans Deans and Chapters nor being Lands or Hereditaments sold or given for the Delinquency or pretended Delinquency of any person or persons whatsoever by vertue or pretext of some Act Order Ordinance or reputed Act Order or Ordinance since the First day of January one thousand six hundred forty and one nor any Statute Iudgment or Recognizance had made acknowledged or suffered to any person or persons Bodies politick or Corporate before the Nine and Twentieth day of September one thousand
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-Lands Tithes and premisses so granted or setled to or upon such Trustées as aforesaid for the uses or purposes aforesaid shall pay all such Rents as shall hereafter grow due and payable to such persons onely unto whom the right and interest of and in the same Advowsons Rectories gléeb-Gléeb-Lands Tithes and premisses before the said Conveyances or Assurances intended to be annulled and made void by this present Act did or should of right belong or appertain And whereas the said Conveyances and Assurances in and by this Act intended to be made void were some of them of Estates in Fée-simple and some of them long Terms for years made to Trustées Rents and sums appointed for augmentation of certain Vicarages who redemiled the same at and under such yearly Rents and Sums of Money as were then appointed to be the Augmentation of certain Vicarages or maintenance for preaching Ministers since which time many of the Rectories and Lands so Conveyed and Leased have béen absolutely sold and the Redemises thereof granted and assigned by the Owners thereof for the benefit of such purchasers Be it further Enacted and Ordained by this present Parliament and by the Authority of the same That the said Purchasers their Heirs and Assigns shall pay and the said former Owners of the said Lands and Rectories their Executors Administrators and Assigns shall have hold and enjoy the said Rents and sums of Money so reserved for the Augmentation of the said Vicarages and maintenance for Preaching Ministers upon the said several Redemises and shall have the same and the like remedies by Distress or by Action of Debt for the recovery thereof as the said Trustées who Redemised the same should or might have had if this Act had not béen made CAP. XXVI Abuses committed in the Weight and false Packing of Butter Reformed FOrasmuch as Butter is one of the principal Commodities of the product of this Kingdom and is not only of an universal use Expence at home The Contents of a Kilderkin of Butter but very great quantities thereof are Transported beyond the Seas And whereas by Custom time out of mind used every Kilderkin of Butter ought to weigh One hundred thirty and two pounds gross at the least that is to say One hundred and twelve pounds of Neat Butter and the Cask Twenty pounds The Firkin The Firkin of Butter ought to weigh Sixty and four pounds viz. Fifty and Six pounds of good Merchantable Butter Neat and the Cask Eight pounds And the Pot of Butter ought to weigh Twenty pounds The Pot. viz. Fourtéen pounds of good and Merchantable Butter Neat and the Pot Six pounds And whereas great Complaint hath béen made by the Traders in Butter and Chéese That by the Fraudulent dealing and practice of several Farmers Owners and Packers of Butter and by their irregular manner of weighing with Stones Iron Wedges Bricks and other unwarrantable Weights the same quantities of Butter are not put up into the respective Cask and Pots aforesaid and the Kilderkin is Commonly made to weigh Six and twenty pounds and sometimes Eight and twenty pounds and the Firkin to weigh Ten pounds or Twelve pounds and sometimes Thirtéen or fourtéen pounds weight and the Pots are made generally to weigh Seven pounds and some of them Eight pounds or Nine pounds weight and much bad and decayed Butter is mixed and Packed up into Kilderkins Firkins and other Cask and Pots with sound and Good Butter and immoderate quantities of Salt intermixed to the spoil of the same and to the great wrong and abuse of his Majesty in the Victualling of His Navy of Merchants in the Victualling of their Ships and of all Traders in the said Commodity and of all Housholders who buy the same for their expence and to the great dishonour of the English Nation in the parts beyond the Seas and to the bringing of the said Commodity into great disrepute abroad whereby it yields not that price nor is vented there in such quantities as otherwise it would For remedy whereof Be it Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal A Kilderkin of Butter shall contain 112 l. besides the Cask and Commons in this present Parliament Assembled That from and after the First day of June which shall be in the year of our Lord One thousand six hundred sixty and two every Kilderkin of Butter do and shall contain One hundred and twelve pounds Neat or above every pound containing sixtéen Ounces besides the Taxe of the Cask The Firkin 56. l. and not less of good and Merchantable Butter Every Firkin and Butter do and shall contain Fifty six pounds Neat or above besides the weight of the Cask of good and Merchantable Butter and every Pot of Butter do and shall contain fourtéen pounds Neat or above besides the weight of the Pot The Pot 14. l. of good and Merchantable Butter And that no Butter which is Old or Corrupt shall be mixed or packed up into any Kilderkin Firkin or other Cask Vessel or Pot whatsoever with any Butter which is New and Sound No old Butter shall be mixed with new nor any Whay-Butter shall be packed or mixed with any Butter that is made of Cream but that the said respective sorts of Butter shall be packed up severally and apart by themselves and shall not be mixed one with another and that every Cask or Pot of Butter shall be of one sort and goodness throughout such Cask and Pot Nor Whay-butter and that no Butter shall be salted with any great Salt but that all Butter shall be salted and saved with small Salt nor more Salt shall be intermixed with it then shall be néedful for its preservation The penalty upon pain and penalty that every Owner Farmer or Packer of Butter not putting up in each Kilderkin Firkin and Pot of Butter to be sold or to be exposed to sale respectively such quantities as aforesaid or offending in false packing as aforesaid for every such offence shall forfeit the value of all the Butter so false packed and for every offence where any Kilderkin Firkin or Pot shall be found to contain a lesser quantity of Butter then by this Act is appointed six times the value of every pound of Butter that shall be wanting in any such Cask or Pot. And to the intent that the benefit intended by this Act may be extended with full effect to all persons who do either cut out Butter by Retail or expend it Be it further Enacted
by colour of a pretended Act of Parliament of the nine and twentieth day of May in the year of our Lord One thousand six hundred fourty and nine procéeded in the compleating and finishing the said Works And the Commissioners appointed by that pretended Act did adjudg the same Dreyned but the same cannot be preserved without a perpetual constant care great charge and Orderly Government which being represented to the Kings most Excellent Majesty that now is He hath béen gratiously pleased to declare more then an ordinary willingness to promote and countenance a Work of so Publick Concernment and many ways advantagious to this his Kingdom To the end therefore that a work of this Nature may receive a Publick Support and Encouragement Be it Enacted by the Kings most Excellent Majesty with the Advice and Assent of the Lords Spiritual and Temporal and Commons in this Parliament Assembled and by the Authority of the same That the said William Earl of Bedford son and heir of the said Francis Earl of Bedford The Earl of Bedford and Adventurers made a Corporation for the Fens and the Adventurers and Participants of the said Earl Francis and Earl William or either of them their Heirs and Assigns in such manner as is herein contained shall be a Body Politick and Corporate in Déed and Name and have Succession for ever by the Name of the Governor Bailiffs and Commonalty of the Company of Conservators of the Great Level of the Fens which Corporation shall consist of one Governor six Bayliffs twenty Conservators and Commonalty and shall have and use a Common Seal to be appointed by themselves and assemble and meet together when where and as oft as they please and appoint a Register Receiver one or more Sergeants at Mace and other Officers and allow them Salaries and remove them and make new at their pleasure And the said William Earl of Bedford is to be the first Governor The Earl of Bedford Governour The Bayliffs Richard Lord Gorges Sir Richard Onslow Knight Sir William Terringham Knight of the Bath Samuel Sandys Thomas Chichely and Samuel Fortrey Esquires the six first Bailiffs Sir Gilbert Gerhard junior Knight William Denton William Crane Edmond Berry-Godfrey Arthur Evelin Samuel Smith Roger Jenings Robert Castle Robert Hampson Joseph Ayloffe Esquires Thomas Lord Culpepper Sir John Hewett Baronet Arthur Onslow Robert Phillips Anthony St. John Esquires Sir Oliver St. John Sir Charles Harbord Knights Francis Hoblyn Samuel Sandys junior Conservators and Robert Terringham Esquires the first Conservators And the said Governor Bayliffs and Conservators to continue until Wednesday in Whitsun-week in the year of our Lord One thousand six hundred sixty and four and from thenceforth until new Elections by the said Corporation or the major part which shall be then present And shall be capable to sue and be sued and without License of Mortmain to purchase Mannors Lands Tenements and Hereditaments Their power and authority not excéeding two hundred pounds per annum and Goods and Chattels and to dispose thereof in the name and to the use of the said Corporation and the said Governor Bayliffs and Conservators or any five or more of them whereof the said Governor or Bailiffs or any of them to be two shall and may lay Taxes from time to time upon all the said Ninety five thousand Acres only for support maintenance and preservation of the said Great Level and levy the same with penalties for non-payment not exceeding a third part of the Tax and all other things do in order to the support maintenance and preservation of the said Great Level and Works made and to be made And whereas by the said Law of Sewers twelve thousand Acres parcel of the said ninety five thousand Acres was designed and intended to his said late Majesty and were set forth and allotted by bounds in severalty and his said late Majesty was in possession thereof and granted assigned allotted and set out by bounds two thousand Acres parcel of the said twelve thousand Acres by Letters Patents unto Jerome Earl of Portland his Heirs and Assigns Earl of Portlands 2000 Acres of which said two thousand Acres the said Earl of Portland hath sold away about One thousand five hundred Acres in several parcels to several persons their Heirs and Assigns for valuable considerations and the residue thereof being about five hundred Acres hath granted and conveyed unto his Brother Benjamin Weston Esquire and his Heirs upon several Trusts agreed upon betwéen the said Earl of Portland and Benjamin Weston by writing for that purpose Be it therefore Enacted by the Authority aforesaid That the said two thousand Acres or such other Lands of equal value as shall be set forth in Exchange of the same in case the aforementioned two thousand Acres or any part thereof shall hereafter be adjudged to have béen unduly set out shall be and hereby are vested setled and established in the said several and respective persons to whom the said Earl of Portland hath so conveyed or mentioned to convey the same their Heirs and Assigns respectively to each person his Heirs and Assigns his and their several and respective Share and Shares that was so respectively to each of them conveyed or mentioned to be conveyed by the said Earl of Portland to be held and enjoyed by them and each of them his Heirs and Assigns his and their own Share and Part only in severalty according to the intent of the said Conveyances thereof to them respectively made by the said Earl of Portland upon the same Trusts nevertheless for and concerning the said five hundred Acres granted or mentioned to be granted to the said Benjamin Weston which the said Earl of Portland and Benjamin Weston had declared and agréed upon betwéen them as aforesaid Which said two thousand Acres shall be holden of the Kings Majesty his Heirs and Successors of the Mannor of East Greenwich by Fealty only in Frée and Common Soccage and not otherwise and subject nevertheless with the the residue of the Ninety five thousand Acres in equal proportion to all Taxes and Charges necessary and conducing to the preservation of the said Great Level from Drowning The 83000. Acres setled and vested in the Governor c. And be it further Enacted by the Authority aforesaid That the Eighty three thousand Acres remainder of the said Ninety five thousand Acres with the said Ways Passages new Rivers Cutts Dreyns Banks and Forelands over and above the said ten thousand Acres residue of the said twelve thousand Acres which were allotted in severalty and of which his said late Majesty was in possession as aforesaid are hereby vested and setled in the said Governour Bailiffs and Commonalty of the Company of Conservators of the said Great Level of the Fens and their Successors In trust nevertheless for the said William Earl of Bedford and the Adventures and Participants of the said Earl Francis and Earl William or either of them
hath any Part Share or Interest in Possession or Reversion of or in any Mannors or Lands within the said Level shall be a Commissioner And in case of Descent Gift Devise or Purchase of any such Part Share or Interest to or by any of the said Commissioners It is hereby Declared and Enacted That immediately after such Descent Gift Devise or Purchase to or by any such Commissioner The said Descent Gift Devise or Purchase shall be an avoidance of his being a Commissioner and shall make him be incapable of being again nominated or appointed a Commissioner whilst his Interest doth remain Provided also and the said Commissioners for the time being or any seven or more of them shall from time to time and at all times have power and authority to give and make satisfaction out of the Ninety five thousand Acres to such person or persons whose Lands or Interest therein by any New Works hereafter to be made by the said Corporation without the said Level for conveying of the Waters of the said Level by convenient Outfals to the Sea shall be made worse in quality condition or value then they were before the said Vndertaking in the said Sixth year of the said late King Charles proportionable to the loss and damage the Parties shall receive thereby Owners of Wastes and Commons may improve And to the end that the Owners of the Commons and Wastes in the said Level and other Towns Parishes and places unto which the Works aforesaid or any of them do extend may improve the same by making Divisions and Inclosures Be it Provided and Enacted by the Authority aforesaid That it shall and may be lawful for any person or persons Body Politique or Corporate whatsoever their Heirs and Successors that are or shall be Lords of Mannors or have or shall have right of Common in the said Wastes to Improve Set out Inclose Divide and Sever such Proportion or Proportions as to them shall or may severally or respectively belong or appertain or be adjudged and allotted out of the said Commons and Wastes within the said Level or within any Town Parish or place into which the Works aforesaid or any of them do extend And to hold such proportion in severalty at all times of the year and all Differences that shall arise concerning the Boundaries of the Wastes Rights of Common Approvements Allotments Divisions and Inclosures shall from time to time and at all times be Determined Adjudged and finally ended by the said Commissioners for the time being or any seven or more of them upon their View or Examination of Witnesses upon Oath which they are hereby Authorized to Administer or upon both and hearing of the Parties concerned by their Adjudication under their Hands and Seals in Writing which Determination and Iudgment being Certified into the Petty-bag there to be Filed and kept on Record shall be final and conclusive unto all parties And the Allotments Divisions and Proportions so Adjudged or Decréed to be held by the said respective persons to whom they are so Set out shall be held by him or them and his and their Heirs Executors and Assigns respectively according to his or their Tenure or Tenures Estate Title or Interest they had in the Mannors Tenements and Lands for which they Claimed the said Proportions of Common as abovesaid paying such Fines and Rents and doing such Services in proportion for the same as by Custom or otherways they are to pay or do and do for the Mannors Tenements and Lands for which they Claim the same proportion having such respect to the yearly values of the one and the other as shall if néed so require be limited by seven or more of the Commissioners Provided also and be it Enacted That it shall and may be lawful to and for such person and persons as were heretofore Owners of the One hundred seventy five Acres in Sutton North and South Meadland in the said Isle of Ely Sutton Meadland set out by the said Law of St. Ives as a Recompence for Dreining the whole North and South Meadlands containing about One thousand Acres their Heirs or Assigns to sue and implead before the said Commissioners or any seven or more of them the Owners and Occupiers of the said North and South Meadlands or elsewhere within the said Great Level to draw them into Contribution for their several and respective Proportions of the said North and South Meadlands towards the said One hundred seventy five Acres And the said Commissioners or any seven or more of them shall thereupon Adjudge and Decrée unto the said Owners of the said One hundred seventy five Acres or such of them as they shall think fit and to their Heirs and Assigns such recompence and satisfaction either in ready Money yearly Rent or Land out of the residue of the said North and South Meadlands as to the said Commissioners or any seven or more of them shall séem méet to be held and enjoyed by the said Owners of the said One hundred seventy five Acres their Heirs and Assigns Provided always and be it Enacted That it shall and may be lawful to and for Sir John Watts Knight and others who derive any interest under the Dreyners of that Fenn called Londoners Fenn his and their Heirs and Assigns to sue and implead all and every person and persons their Executors and Administrators that have taken and received the rents and profits of his or their share and proportion of Londoners Fenn Londoners Fenn remaining from the share and proportion allotted and set out by the said Law of St. Ives since the said Level was adjudged Dreined and to sue for and recover the same in any of his Majesties Courts at Westminster and also that it shall and may be lawful to and for the said Sir John Watts and the Participants aforesaid his and their Heirs and Assigns heretofore Owners of the several proportions in Londoners Fenn set out by St. Ives Law for the Adventurers recompence for Dreyning the low Grounds in Upwell Upwell Outwell Welney Outwell and Welney to pursue and prosecute before the said Commissioners or any seven or more of them their claim and sue for relief against the owners or occupiers of the Fenny and low surrounded Grounds lying in Upwell Outwell and Welney aforesaid whose Grounds did not all contribute or not in equal proportion to the said Ninety five thousand Acres to draw them into Contribution in ease of the said Sir John Watts and the Participants aforesaid and thereupon the said Commissioners or any seven or more of them are hereby impowred to adjudge and decrée unto the said Sir John Watts and the Participants aforesaid his and their Heirs and Assigns such proportion out of the said Grounds which have not equally contributed as aforesaid as to the said Commissioners or any seven or more of them shall séem méet Provided always and be it Enacted that it shall and may be lawful for the Kings
Majesty and the Quéen◠Majesty their Heirs Successors and Assigns to continue in the possession usage disposal of the Bank called Dousedale Bank being on the south side of His Majesties Demean Lands Dousedale Bank called Port sand belonging to their Mannor of Crowland being part therof and to have such ancient Passages and Currents as of right have béen used and accustomed for the avoidance of water through the same into the River South Eae as if this Act had never béen made Provided always and be it Enacted by the authority aforesaid How and for what time Archbishops Bishops c. may make leases That it shall and may be lawful to and for every Archbishop Bishop Dean and Chapter and all Colledges and Halls in either Vniversity and all Bodies Politique and Corporate who are or shall be Lords of Mannors or have or shall have right of Soil or Common in the Wastes within this said Level or within such other Towns Parishes and Places into which the Works of the Dreyning aforesaid do or shall extend and who are by this Act impowred to improve set out inclose divide and sever such proportion or proportions as to them shall or may respectively belong or appertain out of the said Commons and Wastes within the said Level to demise by Indenture all and every the said such proportion or proportions as to them shall or may respectively belong or appertain out of the said Commons or Wastes within the said Level which have not by express Words and under any particular Rent béen at any time formerly demised for any Term or Number of Years not excéeding One and twenty Years so as upon every such Demise or Lease be reserved the fourth part of the true Yearly value to be ascertained by the Commissioners aforesaid or any seven of them due and payable Yearly during the said Term to him or them and his and their Successors Provided always and be it Declared by and with the consent of all Parties concerned That neither this Act nor any thing therein contained shall extend or be construed to extend to alter the possession of Thomas Chicheley Esquire of or from Six hundred seventy one acres parcel of the Lot now claimed to belong to the said Trustées of Henry late Earl of Arundel and Surrey and Two hundred thirty one acres Parcel of the Lot now cliamed to belong to the said Sir William Terringham or from any part thereof by him the said Thomas Chicheley now enjoyed under Purchasers by Sales for non-payment of Taxes upon the dispute betwéen the old and new Adventurers But that the said Corporation shall execute Conveyances of the said respective proportion unto the said Thomas Chicheley his Heirs and Assigns Any thing herein contained to the contrary thereof in any wise notwithstanding Provided always and be it Enacted That all such Right or Rights as any Lord or Lords of any Mannor or Mannors Liberties Hundred or half hundred have heretofore had within their respective Mannor or Mannors Liberties Hundred or half hundred within or without the said Level to Waifes Strayes Felons Goods Priviledges of Arrests Escheats and all other Royalties not prejudicial to the Dreining be hereby saved to them their Heirs Successors and Assigns severally and respectively Any thing in this Act to the contrary thereof notwithstanding Provided always That this Act or any thing therein contained shall not be interpreted to infringe or any way to weaken an Act made the Fourth year of the Reign of King James 4 Jac. cap. 13. Entituled An Act for the Dreining of certain Fenns and Low Grounds within the Isle of Ely subject to hurt by Surrounding containing about Six thousand acres compassed about with certain Banks commonly called and named The Ring of Waltersea and Coldham but the said Act shall stand in full force and vertue Any thing in this present Act to the contrary notwithstanding Provided also That whereas divers Lands in and near adjoyning unto the said Great Level have béen cut through for the better conveying of the Waters from the same and for upholding or repairing the Banks and Workes there without making satisfaction to the respective Owners of the said Lands for the damage they have sustained by such cutting Be it further Enacted That the said Commissioners for the time being or any seven or more of them upon complaint to them made of such damage sustained as aforesaid without recompence for the same shall be and are hereby impowered to award and Decrée such recompence and satisfaction to the party and parties grieved according to their respective damages sustained by such cutting as to the said Commissioners for the time being or any seven or more of them shall be adjudged reasonable the said recompence and satisfaction to be made and given by the said Corporation within six moneths next after such Award or Decrée made and in default thereof the said Commissioners or any seven or more of them shall and may and are hereby impowered to Rate and Tax the said 95. thousand Acres and to Distrain thereupon for the payment of such Rate or Tax and the Distress taken thereupon to sell or dispose as they shall think fit rendring the overplus if any be to the Owners for the payment and satisfaction of such moneys and damages as shall be so Awarded Any thing in this Act to the contrary thereof notwithstanding Provided nevertheless That in case the Iudicature hereby established The Barons of the Exchequer impowred to hear and determine differences between parties shall not within Twelve moneths from the First day of August next hear and determine all the matters by this Act to them referred concerning the said 95000. acres all and every such person and persons whose Complaints shall be then undetermined may make their applications to the Barons of His Majesties Court of Exchequer who are hereby established a Court of Iudicature and sufficiently authorized to hear and determine all such controversies and differences betwéen the said parties in as large and ample manner to all intents and purposes as the Iudicature hereby established might have done and such Iudgment Order or Decrée of the said Court of Exchequer shall be in all things observed and be effectual as if the said Barons had béen made the only Iudicature by this Act. Lessees of the King Provided always and be it Enacted by the Authority aforesaid That the Lessées of the Kings Majesty his Heirs and Successors of the said Ten thousand Acres or of any part thereof and the Assigns of such Lessées and every or any of them shall be capable to be elected and chosen into the Office or Place Offices or Places of Governor Bayliffs and Conservators aforesaid and to vote in such elections and choice and in all other matters as fully to all intents and purposes as any other Members of the Corporation Owners of any part of the said Ninety five thousand acres may be elected and chosen vote in
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
immediately to stop the same Pinchbeck Spalding Blewgate sluce And it is further Enacted by the Authority aforesaid That the Inhabitants of Pinchbeck and Spalding shall for ever hereafter have the use of a certain Gote or Sluce called Blewgate and the Dreyn leading thereto so as the said Trustees their heirs or assigns shall not be put to any charge for the repairing or maintaining of the same The dreyn from Boston-bank to Winsoever And be it further Enacted by the Authority aforesaid That the Loads or Dreyn under the Dozens from Baston-bank to Winsoever be Ditched two hundred foot more inward into the said Fens then now it is and the earth laid on that side the bank next the Town of Pinchbeck And be it further Enacted by the Authority aforesaid That for and in consideration of all the moneys already expended in and about the Dreyning of the said Fens and in consideration of the doing and performing of the Works aforesaid hereafter to be done and of all and every of them about the Recovering The proportion estates upon the trustees â—ndertakers Inning and Dreyning of the said Fens and every of them that they the said Trustées their heirs and assigns or the survivor of them shall from henceforth have hold peaceably occupy and enjoy to them their heirs and assigns in Fee-simple for ever the said third part of the said Fens and Marshes formerly assigned to the said Thomas Lovel his heirs and assigns as also three thousand five hundred Acres added and allotted by a Decrée of Sewers made at Spalding in the said Fens and one thousand Acres out of that part of the said Fens formerly taken in for the Quéens improvement and five hundred Acres more to be taken proportionably out of the residue of the said Fens in Kestiven and Holland next adjoyning to the said three thousand five hundred Acres which three thousand five hundred Acres and one thousand Acres and five thousand Acres last mentioned are to be demeasured by Statute-measure by two Artists and set out by them at the charge of the said Trustees their heirs or assigns or the survivor of them one to be chosen by the Commissioners of Sewers of Kestiven and Holland and one other by the said Vndertakers but upon the Trusts hereafter mentioned That is to say as touching and concerning eight thousand thirty six Acres thereof mentioned in a Schedule annexed to an Indenture of Fifteen parts dated the second of August 1650. made betwéen Elizabeth Countess Dowager of Exeter and others therein named and two thousand Acres more to be indifferently set out within six moneths after the passing of this Act amounting in the whole to ten thousand thirty six Acres in Trust That the said Trustées their heirs and assigns or the survivor of them shall grant and convey the same to such person or persons or for such Estates in Fee-simple or otherwise in such manner as the said Thomas Earl of Berks the said Lord Andover Lord Bruce and John Lord Berkley of Stratton shall appoint And as for touching and concerning the residue of the said Fens by this Act allotted for recompence for the said Dreyning moreover and above the said eight thousand thirty six Acres and two thousand Acres in Trust for the said Earl of Berkshire and the Lady Elizabeth his Wife the said Lord Andover the said Earl of Elgin Countess of Stamford and Lord Grey and such other person and persons to whom the Remainder upon their Estates are limited according to their several and respective Interests and Estates as aforesaid made or derived from by or under the said William late Earl of Exeter and Elizabeth late Countess of Exeter or either of them their or either of their heirs or assigns And in case the said Commissioners shall not nominate a Surveyor within thrée moneths after nomination by the said Trustées their heirs or assigns or the survivor of them and both to be sworn by the said Commissioners and notice thereof to be given to the said Commissioners That then the said Trustées their heirs or assigns or the survivor of them shall procéed as aforesaid by their own Artist The trustees shall fence and inclose the third part c. Provided also And be it Enacted by the Authority aforesaid That the said Trustées their heirs and assigns and the survivor of them shall at all times hereafter sufficiently fence and inclose the said third part and all other the Lands by this Act to them granted on all parts against the Lords and Commoners of and in the residue of the said Fens And if any of their Cattel shall enter or break into the said third part and other Lands so granted or any part thereof in default of the Inclosure thereof It shall not be lawful for the said Trustées their heirs or assigns or the survivor of them to Distrain or Impound the same or to maintain any Action for any such Entry Depasturing or other Trespass happening in such default And if any such Action be brought it shall be lawful for the Defendant or Defendants therein to plead the General Issue and to give this Act in Evidence And that the two Drove-ways in the said Fens called the North-drove and South-drove leading from the parts of Kestiven into the parts of Holland be continued open and common through the said third part and Lands to them granted for the use and benefit of the Lords and Commoners for a Drift-way for them and the said Vndertakers And also that the Banks or Dreyns by vertue of this Act to be continued or made shall not stop or hinder the Land-waters falling from the parts of Kestiven into the said Fen but shall and may receive and carry the same away Provided always That this Act or any Clause Article Sentence or Penalty therein contained mentioned or expressed shall not extend to charge the persons of the said Trustées their heirs or assigns or the survivor of them or any the Estate or Estates real or personal of them the said Trustées their heirs or assigns or the survivor of them other then their Estate and Estates of and in the said Fens Provided also and upon condition That if the said Trustées their heirs or assigns or the survivor of them shall neglect the Inning and Dreyning of the said Fens and every or any of them The penalty upon neglect to dreyn the said fens within seven years and so after to keep maintain them and shall not fully and perfectly finish the Dreyning of the same before the end and expiration of the said seven years as aforesaid according to the intent and purport of this Act or shall not after the Inning or Dreyning thereof kéep and maintain the said Fens and every of them after the end and term of the said seven years dry firm and depasturable ground for Cattel at all times in the year except such Lakes Dreyns Sewers Portions and Quantities of the said Fens as are before