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
but that the same during the continuation of such Lease Leases or other Agreements shall be payed delivered and performed in such measure and form as the same hath been payed delivered and performed before the making of this Act And that such measure Water measures to be continued that is commonly called Water-measure in any Ports Maritime Towns or other places shall be still used and continued as formerly the same hath béen Any thing in this Statute contained to the contrary hereof in any wise notwithstanding The general issue may be pleaded Provided also That no Iustice or Iustices of the Peace Mayor Bailiff or other head Officer Churchwardens Overséers or any other authorized by this Statute for the due execution thereof in any point shall be sued impleaded or otherwise impeached for doing or executing their said Offices respectively And if any Suit or Suits hereafter shall be Commenced against them or any of them their Agents or Assistants touching the premisses That then it shall and may be lawful for them and every of them so sued or troubled in any Court or Courts wheresoever to plead the general issue Not Guilty and to give this Statute in Evidence or any other special matter in Evidence Treble costs for unjust vexation And in ease by or upon this Law they or any of them shall be found not guilty or the Plaintiff be Non-suited the Defendant or Defendants shall recover treble Costs against the Plaintiff for his unjust vexation CAP. XX. None shall be compelled to take the Order of Knighthood Writs issued for persons to take the order of Knighthood WHereas upon the pretext of an ancient custom or usage of this Realm of England That Men of full age being not Knights and being seised of Lands or Rents of the yearly value of forty pounds or more especially if their seisin had so continued by the space of thrée years next past might be compelled by the Kings Writ to receive or take upon them the order or dignity of Knighthood or else to make Fine for the discharge or respite of the same Several Writs about the beginning of his Majesties reign issued out of the Court of Chancery for Proclamations to be made in every County to that purpose and for certifying the names of all such persons and for summoning them personally to appear in the Kings presence before a certain day to be there ready to receive the said Order or Dignity Upon return of which Writs and transmitting the same with their Returns into the Court of Exchequer Returns and upon other Writs for further inquiry of the names of such persons issuing out of the said Court of Exchequer Processe by Distringas was thence made against a very great number of persons Distringas many of which were altogether unfit in regard either of Estate or quality Fines to receive the said Order or Dignity and very many were put to grievous Fines and other vexations for the same although in truth it were not sufficiently known how or in what sort or where they or any of them should or might have addressed themselves for the receiving the said Order or Dignity and for saving themselves thereby from the said Fines Process and vexations And whereas it is most apparent that all and every such procéedings in regard of the matter therein pretended is altogether useless and unreasonable May it therefore please your most Excellent Majesty that it be by authority of Parliament declared and Enacted No person shal be compelled to take on him the order of Knighthood nor undergo any fine for that cause And be it declared and Enacted by the Kings most Excellent Majesty and the Lords and Commons in this Parliament assembled and by the Authority of the same That from henceforth no person or persons of what condition quality estate or degrée soever shall at any time be distrained or otherwayes compelled by any Writ or Process of the Court of Chancery or Court of Exchequer or otherwise by any means whatsoever to receive or take upon him or them respectively the Order or Dignity of Knighthood nor shall suffer or undergo any Fine Trouble or Molestation whatsoever by reason or colour of his or their having not received or not taken upon him or them the said Order or Dignity And that all and every Writ or Processe whatsoever and all and every procéeding which shall hereafter be had or made contrary to the intent of this Act shall be déemed and adjudged to be utterly void And that all and every processe procéeding and charge now depending by reason or colour of the said pretended custome or Writs aforesaid or of any the Dependants thereof shall from henceforth cease and stand be and remain discharged and utterly void Any former Law or Custome or any pretence of any former Law or Custome or any other matter whatsoever to the contrary in any wise notwithstanding Stat. 1 E. 2. CAP. XXI Liberty for bringing in of Gun-powder and Salt-peter from Forraign parts and for the free making of Gun-powder in this Realm Mischiefs by prohibiting importing of Gunpowder WHereas the Importation of Gun-powder from forreign parts hath of late times béen against Law prohibited and the making thereof within this Realm ingrossed whereby the price of Gun-powder hath béen excessively raised many powder works decayed this Kingdom very much weakened and indangered the Merchants thereof much damnified many Mariners and others taken prisoners and brought into miserable Captivity and Slavery many Ships taken by Turkish and other Pyrates and many other inconveniences have from thence insued and more are likely to ensue if they be not timely prevented Liberty to all to import gun-powder Be it therefore declared and Enacted by the Kings most Excellent Majesty and the Lords and Commons in this present Parliament assembled and by the Authority of the same That it shall and may be lawful to and for all and singular persons as well Strangers as natural born Subjects of this Realm to import and bring into this Kingdom any quantities of Gun-powder whatsoever paying such Customes and Duties for the same as by authority of Parliament shall be limited and set down And be it further Declared and Enacted by the Authority aforesaid All Subjects may make and sell Gun-powder and import Salt-peter That it shall and may be lawful to and for all and singular his Majesties Subjects of this his Realm of England to make and sell any quantities of Gun-powder at his and their will and pleasure and also to bring into this Kingdom any quantities of Salt-peter Brimstone or any other materials necessary or requisite for the making of Gun-powder And lastly Be it Enacted by the Authority aforesaid That if any person or persons Penalty for putting in execution Letters Patents Proclamations c. against this liberty from and after the tenth day of August which shall be in the year of our Lord God One thousand six
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
Act to the contrary notwithstanding And the said Sheriffs shall deduct out of their payments Four pence in the pound whereof Thrée pence to be for themselves and One penny for the Clerk of the Peace to be recovered as aforesaid Officers of the Exchequer shall discharge persons who pay the duties without any Fee And that His Majesties Officers in his said Court of Exchequer shall discharge all such persons who paid their respective Duties without taking any Fées for the same and shall also issue out Process to levy the said duty upon such persons who shall fail in payment thereof where no distress can be found to be taken according to this Act. The said Revenue shall be paid into the Exchequer And not charged with any grant or Pension And be it further Enacted by the Authority aforesaid That the Revenue and Sum of money arising by vertue of this Act Except what shall be allowed to the aforesaid Officers and Ministers for Collecting the same shall be duly and constantly paid and answered into His Majesties Court of Exchequer and shall not be particularly charged or chargeable either before it be paid into the Exchequer or after with any Gift Grants or Pension whatsoever And that all and every Grants of any such Pensions and all and every clause of Non obstante therein contained shall be and is hereby declared to be utterly void and all and every the persons to whom such Grants are passed shall be and are hereby made Accomptants unto His Majesty Grantees of the same shall be accomptanes His Heirs and Successors and shall pay back all sums of money received by pretence of such Grant and the Court of Exchequer shall be and is hereby enjoyned to Issue out Process accordingly And be it further Enacted by the Authority aforesaid That if any Action Bill Plaint Suit Persons acting upon this Statute being sued therefore may plead the general Issue or Information shall be Commenced or Prosecuted against any person or persons for what he or they shall do in pursuance or execution of this Act such person or persons so Sued shall and may plead the general Issue Not guilty And upon Issue joyned may give this Act and the special matter in Evidence and if the Plaintiff or Prosecutor shall become Nonsuit or suffer discontinuance or if a Verdict pass against him or if upon a Demurrer Iudgement pass against him Treble Costs to the Defendants the Defendant shall recover treble Costs for which there shall be like remedy as in any case where Costs by Law are given to the Defendants And be it further Enacted by the Authority aforesaid Increases of Hearths or Stoves which may happen That where any Increase or Decrease of such Hearths or Stoves shall hereafter happen that an account in writing of the same shall be had and made in like manner as the same is directed to be first taken returned and inrolled by this Act and a Duplicate thereof sent into the Exchequer in such sort as is before directed Decreases how discharged And from thenceforth the Owner or Occupier of such House where such Decrease is shall be discharged proportionably without any further pleading in the Exchequer Provided always That no person or persons shall be charged prosecuted Arrerages not to be charged or sued for but within 2 years next after they become due or brought to account for the Arrerages of any Duty or Arrerages of Revenue raised by this Act unless the said Suit shal commence within two years and be brought to a Iudgement within four years and the Duty levied within five years next after the same shall grow due Provided always That no person who by reason of his poverty Poor people exempted or the smallness of his Estate is exempted from the usual Tares Payments and Contributions towards the Church and Poor shall be charged or chargeable with any the Duties by this Act Imposed Any thing herein before to the contrary notwithstanding Provided always and be it hereby Enacted That if the Church-wardens and Overséers of the Poor of the Parish together with the Minister of the same or any two of them whereof the Minister to be one shall in writing under their hands yearly certifie their belief that the house wherein any person doth Inhabit is not of greater value then of Twenty shillings per annum upon the full improved Rent And that neither the person so Inhabiting nor any other using the same Messuage hath useth or occupieth any Lands or Tenements of their own or others of the yearly value of Twenty shillings per annum nor hath any Lands Tenements Goods or Chattels of the value of Ten pounds in their own possession or in the possession of any other in trust for them That then in such case upon such Certificate made to the two next Iustices of Peace and allowed for which Certificate and allowance no Fée shall be paid the person on whose behalf such Certificate is made shall not be returned by the Constable or other Officer And the said house is hereby for that year discharged of and from all the Duties by this Act imposed Any thing herein to the contrary notwithstanding Provided also and be it Enacted by the Authority aforesaid That if any person or persons Further Penalty upon any person that shall accept or procure any pension Gift or grant for years c. bodies Politick or Corporate shall at any time hereafter procure or accept of from the Kings Majesty His Heirs or Successors any Pension Gift or Grant for years life or any other Estate or any sum or sums of money out of the Revenue arising by vertue of this Act that then such person or body Politick or Corporate procuring or accepting the same shall forfeit double the value of such Pension Gift or Grant The one moyety of which forfeiture shall be to the use of the poor of the Parish or Parishes where the said Offenders be or inhabit to be recovered by the Church-wardens the other moyety to him that will sue for the same by Action of Debt Bill Plaint or Information Provided that this Act Blowing houses Stamps Furnaces Kilns Ovens Hospitals or any thing herein contained shall not extend to charge any Blowing-house and Stamp Furnace or Kiln or any private Oven within any of the houses hereby charged nor any Hearth or Stove within the scite of any Hospital or Alms-house for the relief of poor people whose Endowment and Revenue doth not excéed in true value the sum of One hundred pounds by the year Provided The payments and duties charged only upon the Occupiers That the payments and duties hereby charged shall be charged only on the Occupier for the time being of such Hearth or Stove dwelling in such house whereto such Hearth or Stove shall be belonging his Executors or Administrators and not on the Landlord who Let or Demised the same his Heirs Executors or Assigns
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
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
and is remaining which President Deputy-President and Treasurer for the time being respectively shall for ever hereafter in name and fact be Bodies Politick and Corporate in Law to all intents and purposes and shall have a perpetual Succession and may Sue or Plead or be Sued and Impleaded by the name of the President and Governours for the Poor of the respective places aforementioned in all Courts and places of Iudicature within this Kingdom and the Dominion of Wales and the Town of Berwick upon Tweed and by that Name every of the said Corporations shall and may without License in Mortmain purchase or receive any Lands Tenements or Hereditaments not excéeding the yearly value of Thrée thousand pounds per annum of the Gift Alienation or Devise of any person or persons who are hereby without further License enabled to give the same and any Goods Chattels or sums of Money whatsoever to the use intent and purposes hereafter limited and appointed And the each respective Corporation or any Seven of them shall have hereby Power and Authority from time to time to méet and kéep Courts for the ends and purposes in this Act expressed at such time and place as shall be appointed by the said President his Deputy or the Treasurer who are hereby required upon the desire of any Four of the said Corporation at any time to cause a Court to be warned accordingly And shall have hereby Authority from time to time to make and appoint a Common-Seal for the use of the said Corporation And it is further Enacted by the Authority aforesaid The powers of the said President and Governours of the said Corporations That it shall and may be lawful to and for the said President and Governours of the said Corporations for the time being or any two of them or to or for any person authorized and appointed by them or any two of them from time to time to apprehend or cause to be apprehended any Rogues Vagrants Sturdy Beggars or Idle or disorderly persons within the said Cities and Liberties Places Divisions and Precincts and to cause them to be kept and set to work in the several and respective Corporations or Work-houses and it shall and may be lawful for the major part of the Iustices of Peace in their Quarter-Sessions to signify unto his Majesties Privy Council the names of such Rogues Vagabonds Idle and Disorderly persons and Sturdy Beggars as they shall think fit to be Transported to the English Plantations and upon the approbation of his Majesties Privy Council to the said Iustices of Peace signified which persons shall be Transported it shall and may be lawful for any two or more of the Iustices of the Peace them to Transport or cause to be Transported from time to time during the space of thrée years next ensuing the end of this present Session of Parliament to any of the English Plantations beyond the Seas there to be disposed in the usual way of Servants for a term not excéeding Seven years A stock for supply of the work how to be provided in London Westminster Middlesex Surrey And be it further Enacted by the Authority aforesaid That if the President and Governours of any of the said Corporations shall certify under their common Seal their want and defect either of a present stock for the Foundation of the Work or for supply thereof for the future and what sum or sums of Money they shall think fit for the same to the Common-Council of the said City of London and the Burgesses and Iustices of Peace in their Quarter-Sessions of the said City of Westminster and the Liberties thereof or the Iustices of the respective Counties of Middlesex and Surrey assembled in either Quarter-Sessions That thereupon the Common-Council of the said City of London the Burgesses of the said City of Westminster and the Iustices of Peace of the said Cities and Counties in their Quarter-Sessions assembled are hereby required from time to time to set down and ascertain such competent sum and sums of money for the purposes aforesaid not excéeding one years rate from time to time usually set upon any person for or towards the relief of the Poor and the same to proportion out upon the several Wards Precincts Counties Divisions Hundreds and Parishes as they shall think fit And thereupon the Aldermen Deputies and Common-Council-men of every Ward in the City of London and Burgesses and Iustices of the Peace of the City of Westminster and the Liberties thereof and Iustices of the Peace of the said Counties of Middlesex and Surrey shall have power and Authority and are hereby required equally and indifferently according to the proportions appointed as aforesaid for the several Wards Precincts Cities and Parishes as aforesaid to tax and rate the several Inhabitants within the said respective Wards Precincts and Parishes as well within Liberties as without with which Tax if any person or persons find him or themselves agrieved supposing the same to be unequal he or they shall and may make their complaint known to the Iustices of the Peace at the next open Sessions who shall take such final order therein as in like cases is already by the Law provided And it is further Enacted by the Authority aforesaid That it shall and may be lawful to and for any Alderman of the City of London or his Deputy or the Burgesses and Iustices of Peace of the City of Westminster and the Liberties thereof or any two or more of them or any two Iustices of Peace of the respective Counties of Middlesex and Surrey by their Warrant under their Hands and Seals to authorize the Church-wardens or Overséers for the Poor within the places and Parishes aforesaid to demand gather and receive of every person and persons such sum and sums of money as shall be Assessed upon them by vertue of the Taxations and Contributions aforesaid And for default of payment within ten dayes after demand thereof made or notice in writing left at the dwelling-house or lodging of every person so Assessed to levy the same by distress and sale of the goods of every such person and after satisfaction made to restore the surplusage to the party so distrained Stocks formerly in London for relief of the poor how to be paid And be it Enacted by the Authority aforesaid That all Stocks raised for the relief and imployment of the Poor in the City of London and Liberties thereof which was in the hands of a Corporation heretofore appointed in the said City for that service or in the hands of any other person or persons whatsoever before the Nine and twentieth day of September which was in the year of our Lord One thousand six hundred and sixty commonly called the Feast of St. Michael the Archangel or at any time since together with all the Arrears of money formerly alloted for that Service or Legacies given to the same end shall be payable to the Treasurer of the Corporation or Corporations
it was further Enacted That no Groats or Half-groats shall be moulten by any man to make Vessel or other thing thereof upon the same pain And whereas divers persons do elude the said Statutes as well Goldsmiths as others by melting Silver-Coyns of this Realm above the value of Groats to the great diminishing of the Silver-Coyn of this Realm and the hindrance of the Commerce of the same Be it therefore Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by Authority of the same That no person or persons whatsoever shall after the Twentieth day of December One thousand six hundred sixty two None shall melt currant Silver Money The Penalty wilfully melt or cause to be melted any of the currant Silver-money of this Realm upon pain not only of forfeiture of the same but also of the double value of any such Coyn so melted the one half to his Majesty his Heirs and Successors the other half to the Informers who shall sue for the same upon Action of Debt Bill Plaint or Information in any of His Majesties Courts at Westminster in which no Essoign Wager of Law or Protection shall be allowed And moreover That the said person or persons offending contrary to the Tenor of this Act if he or they be a Fréeman or Fréemen or priviledged person or persons of any City or Corporation within this Kingdom of England shall upon legal conviction for the same be forthwith disfranchised and made uncapable of exercising the Trade of a Goldsmith or any other Mystery by vertue of the Priviledges of the City or Corporation of which he or they are members And if the said person or persons offending and convict as aforesaid shall not be a Fréeman or Fréemen or priviledged person or persons of any City or Corporation as aforesaid then he or they shall suffer imprisonment without Bail or Mainprize for the space of Six moneths next ensuing his or their Conviction as aforesaid CAP. XXXII The Manufacture of Broad Woollen Cloth within the West-Riding of the County of York Regulated WHereas divers abuses and deceits have of late years béen had and used in the Manufacture of Broad Woollen Cloth made within the West-Riding of the County of York and the spinning and deceitful working thereof which tends to the great debasing and undervaluation of the said Manufacture both at home and also in Forreign parts where the same is usually vended For prevention of all which abuses and deceipts It is Enacted by the Kings most Excellent Majesty by the Advice and Consent of the Lords Spiritual and Temporal and Commons Assembled in Parliament That from and after the next Monday after Easter which shall be in the year of our Lord God One thousand six hundred sixty and two there be and shall be a Corporation to continue for ever within the said West-Riding of the County of York consisting of all the Iustices of the Peace of the said West-Riding for the time being A Corporation of Clothiers in the West-Riding of Yorkshire Two Masters Ten Wardens Twelve Assistants and Commonalty All which said Masters Wardens and Assistants are to be of the ablest and best experienced Clothiers within the said West-Riding and such as have served and béen brought up in the Trade and Mystery of Clothing by the space of seven years according to the Laws and Statutes of this Realm One of which said Masters Five of which said Wardens and Six of which said Assistants shall be chosen the first Monday after Pentecost then next following and from thenceforth to be yearly and every year chosen upon the next Monday after Pentecost at some publique place by the Frée Clothiers of the said West-Riding inhabiting within the Parish of Leeds in the said County of York the greater part of them present at such Election and the other Master Five Wardens and Six Assistants shall be chosen upon the same days at some publique place by the Frée Clothiers inhabiting out of the said Town and Parish of Leeds or the greater part of them present at the said Election of the parts adjacent within the said West-Riding And in case any of the said Masters Wardens and Assistants after their said respective Elections do happen to die that then it shall and may be lawful at any Court to be holden next after such Decease to Elect others in their respective places And the said Wardens Masters and Assistants respectively shall within eight days after their first Choice and Election take the Oaths of Allegiance and Supremacy which any two Iustices of the Peace within the West-Riding whereof one to be of the Quorum have hereby power to Administer and also the ensuing Oath Viz. I A. B. do swear The Oath to be taken by the Master Wardens and Assistants That I will well faithfully and honestly perform and discharge the Office of a Master of the Corporation of the Free Clothiers according to the best of my Skill Power and Knowledge So help me God And the like Oath and Oaths to be Administred to the Wardens and Assistants respectively mutatis mutandis And for ever after the said Iustices of the Peace Masters Wardens and Assistants and their Successors or any Thirtéen of them shall and have hereby power to Administer the like Oath or Oaths to such Officer or Officers faithfully and honestly to perform and discharge his and their said Office and Offices to which he or they are and shall be so chosen by this Act at any Court to be by them holden in manner hereafter declared And it is further Enacted by the Authority aforesaid That the said Iustices of the Peace Who shall be of the said Corporation for ever and how called Masters Wardens and Assistants for the time being together with the said Frée Clothiers of the said West-Riding shall for ever hereafter in name and in fact be one Body Politique and Corporate in Law to all intents and purposes and shall have a perpetual Succession and be called by the name of the Supervisors Masters Wardens Assistants and Commonalty of the Trade or Mysterie of Clothiers for the well making of Broad Woollen Cloth within the West-Riding of the County of York and that they shall be enabled to Plead and Sue and to be Sued and Impleaded by that name in all Courts and Places of Iudicature within this Kingdom And by that name shall and may without Licence in Mortmain purchase take or receive any Lands Tenements or Hereditameats of the Gift Alienation or Demise of any person or persons who are hereby without further Licence enabled to transfer the same and any Goods and Chattels whatsoever for the use and benefit of the Corporation aforesaid not excéeding the yearly value of Two hundred pounds And for the better Regulation of the said Goverment of the said Trade and Manufacture the said Iustices of the Peace Masters
and letting to Ferme the said Office of Clerk of the Market and the Execution thereof in and through all or the most of the several Counties of this Kingdome for great sums of Money which the said Fermours or Grantées by their unjust and undue procéedings in the said Office do extort from his Majesties Subjects again to their great impoverishment and yet little or no redress at all in their said Weights or Measures or any benefit thereby accruing to his Majesty For remedy whereof and for regulating of all Weights and Measures according to the true intent of this Statute and the other Statutes in the behalf formerly made and provided and preventing the said inconveniencies There shall be but one measure one weight and one yard St. 9 H. 3 25. 14 E. 3. 12. 27 E. 3. 10. Be it therefore Enacted by the Kings most Excellent Majesty the Lords and Commons of this present Parliament assembled and by the Authority of the same That from henceforth there shall be but one Weight one Measure and one Yard according to the Standard of the Exchequer throughout all the Realm as well in places priviledged as without Any usage or custome to the contrary notwithstanding And that every Measure of Corn shall be striked without heap And whosoever shall sell by or kéep any other Weight Measure or Yard then as aforesaid whereby any Corn Grain or other thing is bought or sold after six moneths after the end of this present Session of Parliament shall forfeit for every such offence five shillings Forfeiture being thereof lawfully convicted by the Oath of one sufficient Witness before any Iustice of Peace Mayor or other head Officer of the County City or Town Corporate respectively where the said Offence shall be committed Who by vertue of this Act shall have power to administer an Oath in that behalf How to be levyed Which said sum or penalty of five shillings shall be levyed by the Church-wardens and Overséers of the Poor of the Parish or some or one of them where such Offence is or shall be committed to the use of the Poor of the same Parish of the Goods and Chattels of such Offenders by way of Distress and Sale of the Offenders Goods rendring the Overplus to the party so offending And in default of such Distress it shall be lawful for any Iustices of Peace Mayor or other head Officer of the County City or Town corporate respectively to commit the said party to the Prison or Gaol there to remain without Bail or Mainprise untill he shall pay such sums of Money forfeited as aforesaid And be it further Enacted by the Authority aforesaid Clerk of the Market his limits That no Clerk of the Market of the Kings House which now is or hereafter shall be or of the Prince His Highnesse His Heirs or Successours which is or shall be Duke of Cornewall or His or Their Deputy or Deputies shall hereafter execute his or their said Office or Offices respectively in any part of the Kingdom but only within the Verge of the Kings Court where it shall then reside for the time being And that it shall be alwayes hereafter lawful for any Mayor Mayor head Officer and Lords of Liberties have power as clerks of the Market or other head Officer of any City Burrough or Town Corporate or for any Lord or Lords of Liberty Liberties or Franchises his or their Deputy or Deputies or Agents according to their several Liberties and Iurisdictions to have full power to execute the said Offices respectively as they ought or might have done before the making of this Act And for the more ease of his Majesties Subjects Be it further Enacted Forfeiture of â—lerke of the Market for offences That if any Clerk of the Market within his aforesaid precincts and limits of the Verge of the Kings house only or any Mayor or other Officer whatsoever who by vertue of this Act shall have power to inquire of any abuses in Weights and Measures shall seal or give allowance unto any other Weight or Measure Weights or Measures other then according to the said Standard of the Exchequer or shall upon reasonable request and warning refuse to seal or give allowance unto such Weight or Measure Weights or Measures as are according to the said Standard of the Exchequer paying only such Fée or Fées for such allowance as by the Statute or Statutes or by ancient custome are in that behalf formerly provided and allowed and no more That then the said Clerk of the Market Mayor and other Officer or Officers of such City Burrough or Town and the said Lord and Lords of Liberty or Liberties and his and their Deputy and Deputies and Agents respectively shall forfeit for every such offence five pounds to be levyed as aforesaid to the use of the poor of the parish where such offence is or shall be committed And be it further Enacted by the Authority aforesaid That if the Clerk of the Market Forfeiture for taking unlawful fines or fees his Deputy or Deputies or Agents within the Verge aforesaid or any Mayor or any other Officer or Officers of any City or Town or any Lord or Lords of Liberties his or their Deputy or Deputies Agents or Assigns respectively shall take or receive of any of his Majesties Subjects by colour of the said Office any common Fine or Fines or any Fées other then are formerly allowed by the Statute or Statutes or ancient custome in that behalf made or used shall take any Fée or Fées or other sum of money Reward or consideration for the making Signing or Examination of any Weights or Measures which have béen formerly Marked or Sealed or shall Impose or Assess or cause to be Imposed or Assessed any Fine or Amerciament Fines or Amerciaments without a due and legal trial of the Offences for which the said Fine or Fines Amerciament or Amerciaments are Imposed or Assessed or shall otherwise misdemean himself in the execution of his said Office and be thereof lawfully convicted He shall forfeit for the first Offence whereof he shall also be so lawfully convicted five pounds And for the second offence ten pounds And for the third offence and every other offence afterwards twenty pounds to be levyed as aforesaid to the use of the pâ—or of the Parish where such offence shall be committed And be it Enacted That whosoever shall be fined or amerced by vertue of this Act St. 13 R. 1. 4. Persons â—ined by this Act not to be â—ined upon any former law Rents of ferms of corn excepted shall not be again fined or amerced for the same offence by vertue of any former Law or Statute Provided alwayes That this Act or Statute shall not extend to the Rents of Ferms or Lands or any Corn or Grain due or payable to any Lord or Lords or any Colledges Houses or other Societies by vertue of any â—ease or Leases or other Covenant or Agreement
Parliament or of or from any Convention or Assembly called or reputed or taking the Name of the Kéepers of the Liberty of England by Authority of Parliament Or by vertue or colour of any Writ Commission Letters Patents Instruction or Instructions of or from any person or persons Tituled reputed or taken to be Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions thereunto belonging or Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions and Territories thereto belonging or assuming the authority or reputed to be chief Magistrate of the Commonwealth or Commander in chief of the Forces or Armies of this Nation by Sea or Land or by any pretence Warrant or Command whatsoever from them or any of them or their or either of their respective Councils or Council or any Member of such Council or Councils or from any person or persons whatsoever deriving or pretending to derive Authority from them or any of them be pardoned Released Indempnified discharged and put in utter Oblivion And that all and every the person and persons Acting Advising Assisting Abetting and Counselling the same they their Heirs Executors and Administrators except as before is excepted be and are hereby pardoned Released Acquitted Indempnified and discharged from the same And of and from all pains of Death and other Pains Iudgments Indictments Convictions Attainders Outlawries Penalties Escheats and Forfeitures therefore had or given or that might accrew for the same And that all such Iudgments Indictments Convictions Attainders Outlawries Penalties Escheats and Forfeitures and every of them and all Grants thereupon made and all Estates derived under the same be and are hereby Declared and Enacted to be from henceforth Null and void And that all mean profits not yet received by such Grantées shall be and are hereby discharged And that all and every person and persons Bodies Politick and Corporate their and every of their Heirs Executors Administrators and Successors shall be and are hereby restored to all and every their Lands Tenements and Hereditaments Goods Chattels and other things forfeited which to His Majesty do or shall appertain by reason of any offence herein before mentioned and not hereafter in this present Act Excepted and Foreprised All Appeals personal Actions and Suits pardoned And be it further Enacted That all Appeals and all personal Actions Suits Molestations and Prosecutions whatsoever for or by reason of any Act of Hostility Trespass Assault Imprisonment or breach of the Peace Advised Counselled commanded Appointed Happened Acted or done by reason of the late troubles or the late Wars in his Majesties Dominions or relating thereunto and Iudgments and Executions thereupon had before the first day of May in the Year of our Lord One thousand six hundred fifty eight stand and be from henceforth discharged But not to restore to any Person or Persons any sums of money mean Profits or Goods already received or taken upon such Execution or to give any accompt for the same And be it likewise Enacted That all Appeals and all personal Actions and causes of such Actions Suits Molestations and Prosecutions whatsoever for or by reason of any Act or thing advised counselled commanded Acted or done by vertue or colour of any Authority or Commission granted by His late Majesty or his Majesty that now is or by vertue or colour of any Order or Ordinance of one or both Houses of Parliament sitting at Westminster Or by any Act or order made by any Persons assuming the name of a Parliament and sitting as a Parliament at Westminster after the death of the late King CHARLES the First Or by the Authority of the said kéepers of the Liberties of England Or by any Ordinance by either of the late Protectors and Council Or by or upon any Commission Writ Process or Warrant by them or any of them or by Authority derived from them or any of them And all demands of Arrearages of Rents and mean Profits of Lands Tenements or Hereditaments heretofore incurred or grown due which have béen paid received or disposed by vertue or colour of any the Authorities or pretended Authorities aforesaid other then such Arrearages or mean profits as are or shall be otherwise disposed by any Act. or Acts of this present Session of Parliament be from henceforth discharged And it is further by the Authority aforesaid Enacted in the second place That all and every the Subjects of these His Majesties Realms of England and Ireland the Dominion of Wales the Isles of Jersey and Garnsey and the Town of Berwick upon Tweed and other His Majesties Dominions the Heirs Executors and Administrators of them and every of them and all and singular Bodies in any manner of wise corporated Cities Burroughs Shires Ridings Hundreds Lathes Rapes Wapentakes Towns Villages Hamlets and Tythings and every of them and the Successor and Successors of every of them shall be and are by the authority of this present Parliament Acquitted Pardoned Released Indempnified and Discharged against the Kings Majesty his Heirs and Successors and every of them of and from all manner of Treasons Misprisions of Treason Felonies Offences Contempts Trespasses Entries Wrongs Deceits Misdemeanors Forfeitures penalties and sums of Money Intrusions Mean profits Wardships Marriages Reliefs Liveries Ouster le mains Mean Rates Respits of Homage Fines and Seisures for Alienation without License Arrearages of Rents other then the Arrearages of Rents due from the late Farmers or pretended Farmers of of the Excise or Customs respectively other then such Arrearages of Rents or Mean profits as are or shall be otherwise disposed by any Act or Acts of this present Parliament and of and from all Arrearages of Tenths and First-Fruits Fines post-fines Issues and Amerciaments and all Recognizances Bonds or other Securities given for payment of them or any of them concealments of Customs and Excise Arrearages of purveyance and of compositions for the same and of and from all pains of Death pains corporal and pecuniary and generally of and from all other Things Causes Quarrels Suits Iudgments and Executions in this present Act hereafter not Excepted nor Foreprized which may be or can be by his Majesty in any wise or by any means pardoned before and unto the twenty fourth day of June in the year of our Lord One thousand six hundred and sixty to every or any of his said Subjects Wardships and Mean Profits unreceived Bodies Corporate Cities Burroughs Shires Ridings Hundreds Lathes Rapes Wapentakes Towns Villages and Tithings or any of them And be it further Enacted by the Authority aforesaid That all Grants and Patents since the twenty fifth of March One thousand six hundred forty one touching the Wardship and Custody of the Body and Lands or touching the marriage of any Heir within age and all mean profits yet unreceived All things not excepted shall be by the general words of this Act as well as it particularly named and demandable by reason thereof shall be
St. 13. Car. 2. cap. 3. An Act to restrain all persons from Marriage until their former Wives and former Husbands be dead And also except all Offences of Invocations Conjurations Witchcrafts Sorceries Inchantments and Charms and all Offences of procuring abetting or comforting of the same and all persons now attainted or convicted of any of the said excepted Offences And also excepted all and singular the accompts of all and every person and persons appointed by any of the Authorities or pretended Authorities aforesaid to be Treasurer Receiver Fermor or Collector other then the Sub-collectors of the several Parishes Towns and Hamlets respectively for and concerning their Receipts before the four and twentieth day of Iune in the year of our Lord one thousand six hundred fifty nine who have received or collected any Subsidy Custom Subsidy of Tonnage and Poundage Prize-Goods Assessments Sequestration New Impost or Excise or of any the Rents and Revenues of any Lands or Hereditaments of or belonging unto the late King Quéen or Prince or King that now is or belonging unto the late Arch-Bishopricks Bishopricks Deans or Deans and Chapters Canons Prebends and other Officers belonging to any Cathedral or Collegiate Church or Popish Recusants convict or of persons Sequestred for their Recusancy or other Sequestred Estates received or collected by or paid unto them since the thirtieth of January in the year of our Lord One thousand six hundred fourty two and of all Monies and other Duties grown due or contracted upon the Sale or Disposition of them or any of them Proviso for the Heirs and Lands of Accomptants excepted Provided That the Heirs Executors Administrators or Ter-tenants of the Lands of any Accomptant within this Exception now deceased shall not be charged with nor lyable unto any accompt for the matters in this Exception mentioned Except for such sum or sums of Money as remain due upon any of their accompts already Stated and Determined and are not yet paid in and that no Accomptant as abovesaid now living shall be liable to make accompt of any sum or sums of Money paid or disbursed or otherwise allowed or discharged by vertue or colour of any Order or Ordinance of both or either House or Houses of Parliament or any Convention or Assembly called or Reputed or taking on them the name of a Parliament or of Oliver Cromwel pretended Protector or of Richard his Son while he continued or was stiled or obeyed as Protector or by any persons acting as a Committée appointed by the said two Houses or either of them or by any such Convention or Assembly or any Order or Direction of such Committée or Committées or any person or persons acting as a publick Council though having no legal authority so to do or by their or any their Order or Orders or Direction Fees and Salaries c. not to be accompted for It being further Declared and Enacted And it is Enacted by the Authority aforesaid That no person or persons shall be charged for any Moneys by him received for the Fées Salaries and Wages then allowed or for Moneys by him disbursed upon any publick use or pretence though the Direction or Authority whereby the same Money was issued was not or be not Legal and Warrantable in Law Military payments not to be accompted for And be it further provided That no Military or commissioned Officer of the Armies or Navies or Souldier or Marriner who before the twenty fifth of March one thousand six hundred fifty nine hath received any Moneys for his own pay or the pay of other Souldiers or for any other Contingencies of the Souldiers or Garrisons under his command or by way of reward shall be called to accompt therefore No person to be called to an accompt after the 24 of Iune 1662. And that no person whatsoever shall be called to accompt for any the matters in this Exception mentioned after the four and twentieth day of Iune which shall be in the year of our Lord God one thousand six hundred sixty and two next ensuing And that in case any person who stands accomptable for any Moneys received since the first of Ianuary one thousand six hundred forty two and before the thirtieth of Ianuary one thousand six hundred forty eight have béen-robb'd or plundered by Souldiers or others of the Moneys in their hands or any Notes or Books of Receipt or Acquitances touching their payments or discharge Then the Oath or Oaths of such party or parties of the same respectively shall be a good discharge for so much of their accompt And that the Oath of every Accomptant in or betwéen the years one thousand six hundred forty two and one thousand six hundred forty eight of what they have paid to any publick use by or according to any publick or pretended Order or Authority whatsoever shall be a good discharge as to so much of the accompt of such person or persons And except all First-fruits and Tenths in the hands of any Receiver not having disbursed Discharges and quietus est given in the Exchequer Accompts of the Revenues of Churches in Wales Bribery Subornation Forging Debentures c. Witnesses as in the last Exception is expressed Provided That all and every Iudgment of Discharge or Quietus est had or given at any time upon any accompt in the publick Exchequer since the year One thousand six hundred forty eight be allowed and shall not be avoided except all accompts of the Revenues of Churches and Vicaridges in Wales and the County of Monmouth and all Iudgments of Discharge or Quietus thereupon obtained And also Excepted out of this Pardon all offences of Bribery Perjuries and the Subornation of Perjury or Witnesses and Offences of Forging or Counterfeiting any Déeds Debentures Bills of publick Faith Escripts Wills or other Writings whatsoever or of any Examinations or Testimonies of any Witness or Witnesses tending to bring any person or persons in danger of his Life Liberty or Estate and the giving the same in evidence and the compelling or procuring of any such counterfeiting or forging to be had or made Imbezeling and purloyning the Kings goods And also excepted all offences in detaining imbezeling or purloining any the Goods Money Chattels or Iewels of the late King Quéen or Prince or any of the Children of the late King and Quéen other then Shipping Stores and Ammunitions of War and other then such Goods and Chattels as have béen sold or disposed of to any of the Servants or Creditors of his late Majesty in or toward satisfaction of their debts or wages Issues fines and amerciaments Received by Sheriffs And also excepted out of this pardon all Issues Fines and Amerciaments Rents and other publick Duties being Levied Received or Collected by any Sheriff Vnder-Sheriff Bayliff Minister or other Officer to or for the use of the late King the Parliament or the said Kéepers of the Liberty of England or any other person stiling himself Protector or for
de droyt Ouster le maine or other Suit to his Maiesty enter on the premisses in his Majesties possession or in the possession of his Successors and Patentées their Heirs or Assigns in such manner to all intents as he or they might have done on the possession of the said Offenders their Heirs or Assigns in or upon the said twenty fifth day of March or at any time since Any thing in this Act to the contrary in any wise notwithstanding Proviso for such as have received paid their Rents to the Offenders Provided also That all and every person and persons which have received any of the Rents or mean profits of in or out of any the Lands Tenements and Hereditaments Chattels real or Possessions of any of the Offender or Offenders in this Act mentioned before the Eleventh day of February One thousand six hundred fifty and nine and have paid or accounted for the same before she said Eleventh day of February One thousand six hundred fifty and nine unto the said Offender or Offenders or their Assigns or to any claiming from or under them shall be clearly and for ever acquitted and discharged of and from the same against the Kings Majesty His Heirs and Successors any thing herein contained to the contrary notwithstanding Proviso for Richard Ingoldsby Provided alwayes That it shall and may be lawful to and for Richard Ingoldsby to retain and kéep or otherwise to sell and dispose all and singular the Goods and Chattels formerly belonging to Sir Hardress Waller in the Kingdom of Ireland untill two thousand pounds for which the said Richard Ingoldsby in the year One thousand six hundred fifty eight stood joyntly bound with the said Sir Hardress Waller unto James Brooks of the City of York Alderman and was then counter-secured by a Iudgment upon his Lands and since by a Déed of Bargain and Sale of the said Goods and Chattels in Ireland be fully paid together with the Interest thereof he the said Richard Ingolsby accounting for and paying the full overplus thereof if any shall be unto our Soveraign Lord the King Any thing herein before contained to the contrary notwithstanding St. 13 Car. 2. cap. 7. CAP. XXXI Leases and Grants from Colledges and Hospitals Confirmed CAP. XXXII Exportation of Wooll Woolfells Fullers Earth or any kind of Scouring Earth Prohibited FOR the better preventing and avoiding of such Losses and Inconveniencies as have happened and daily do and may happen to the Kingdom of England and Dominion of Wales and to the Kingdom of Ireland by and through the secret and subtile exportation and transportation and by and through the subtile carrying and conveying away of Wooll Woolfels Mortlings Shorlings Yarn made of Wooll Woolflocks Fullers Earth and Fulling Clay out of and from the Kingdoms and Dominion aforesaid and for the better setting on work the poor people and Inhabitants of the Kingdoms and Dominion aforesaid And to the intent that the full and best use and benefit of the principal native Commodities of the same Kingdoms and Dominion may come redound and be unto and amongst the Subjects and Inhabitants of the same and not unto or amongst the Subjects and Inhabitants of the Realm of Scotland or of any Forreign Realms or States as the same now of late in some great measure hath done and is further likely to do if some severer punishment than heretofore be not speedily inflicted upon such Offenders as shall be Actors or Assistants in and to such Exportation and Transportation and in and to such carrying and conveying thereof as aforesaid Be it Enacted by the Kings most Excellent Majesty No person after the 14. of Jan. 1660. shall export any Sheep or Wooll Wool-fells Mortlins Shorlings Yarn Woolflocks Fullers Earth Fulling Clay the Lords and Commons in this present Parliament assembled and by the Authority of the same That no person or persons whatsoever from and after the fourtéenth day of January One thousand six hundred and thréescore shall directly or indirectly Export Transport carry or convey or cause or procure to be Exported Transported carried or conveyed out of or from the Kingdom of England or Dominion of Wales or Town of Berwick upon Tweed or out of or from the Isles of Jersey or Guernsey with Sarke and Alderney being under the Government of Guernsey aforesaid or out of or from any of them or out of or from the Kingdom of Ireland aforesaid into any parts or places out of the Kingdoms Isles or Dominion aforesaid any Shéep or Wooll whatsoever of the bréed or growth of the Kingdoms of England or Ireland or Isles or Dominion aforesaid Or any Woolfells Mortlings or Shorlings or any Yarn made of Wooll or any Woolflocks or any Fullers Earth or any Fulling Clay whatsoever nor shall directly or indirectly pack or load Nor carry load or board any Sheep Wooll c. or cause to be packed or loaded upon any Horse Cart or other Carriage or Load or lay on board or cause to be loaden or laid on board in any Ship or other Vessel in any Place or Port within the Kingdoms of England or Ireland or Town of Berwick or Isles or Dominion aforesaid any such Shéep Wool Wool-fells Mortlings Shorlings Yarn made of Wooll or Woolflocks or any Fullers Earth or Fulling Clay to the intent or purpose to export transport carry or convey the same or to cause the same to be exported transported carried or conveyed out of the Kingdoms of England and Ireland Town of Berwick Isles or Dominion aforesaid or with intent or purpose that any other person or persons should so export transport carry or convey the same into any parts or places out of the Kingdoms of England and Ireland Town of Berwick Isles or Dominion aforesaid into the Kingdom of Scotland or any forreign parts And be it further Enacted by the Authority aforesaid That no Wooll Woolfells Mortlings No Wooll Woolfells c. after the 14. of Ian. 1660. to be carried into Wales Ireland c. Except Shorlings Yarn made of Wooll Woolflocks or any Fullers Earth or Fulling Clay shall be from and after the fourtéenth day of January in the year of our Lord one thousand six hundred and thréescore exported transported carried or conveyed out of the Kingdom of England and Dominion of Wales or Town of Berwick or Kingdom of Ireland or out of any Port or Place of the said Kingdoms respectively unto the Isles of Jersey or Guernsey or to Sarke or Alderney except as in this Act shall be hereafter limited or appointed And be it further Enacted by the authority aforesaid The Penalties That all and every the Offender and Offenders offence and offences aforesaid shall be subject and lyable to the respective pains penalties and forfeitures hereafter following That is to say The said Shéep Woolls Woolfells Mortlings Shorlings Yarn made of Wooll Woollflocks Fullers Earth and Fulling Clay so exported transported carried conveyed packed or loaden contrary to the
Right of His Majesty and His Royal Predecessors Kings and Quéens of England and that both or either of the Houses of Parliament cannot nor ought to pretend to the same nor can nor lawfully may raise or levy any War Offensive or Defensive against His Majesty His Heirs or lawfull Successors and yet the contrary thereof hath of late years béen practised almost to the ruine and destruction of this Kingdom and during the late usurped Governments many evil and rebellious principles have béen instilled into the minds of the people of this Kingdom which may break forth unless prevented to the disturbance of the peace and quiet thereof His Majesty may issue out Commissions of Lieutenancy to such persons as he shall think fit for the several counties cities c. The power of the said Lieutenants 25 Car. 2. cap. 4. Stat. 3. Be it therefore Declared and Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in Parliament Assembled and by the Authority of the same That the Kings most Excellent Majesty his Heirs and Successors shall and may from time to time as occasion shall require issue forth several Commissions of Lieutenancy to such persons as his Majesty his Heirs and Successors shall think fit to be his Majesties Lieutenants for the several and respective Counties Cities and places of England and Dominion of Wales and Town of Berwick upon Tweed which Lieutenants shall have full power and authority to call together all such persons at such times and to arm and aray them in such manner as is hereafter expressed and declared and to form them into Companies Troops and Regiments and in case of Insurrection Rebellion or Invasion them to lead conduct and imploy or cause to be led conducted and imployed as well within the said several Counties Cities and places for which they shall be Commissionated respectively as also into any other the Counties and Places aforesaid for suppressing of all such Insurrections and Rebellions and repelling of Invasions as may happen to be according as they shall from time to time receive directions from His Majesty His Heirs and Successors And that the said respective Lieutenants shall have full Power and Authority from time to time to constitute appoint and give Commissions to such persons as they shall think fit to be Colonels Majors Captains The Deputy-Lieutenants to be named to and approved of by his Majesty and other Commission-Officers of the said persons so to be armed arrayed and weaponed and to present to His Majesty His Heirs and Successors the names of such person and persons as they shall think fit to be Deputy-Lieutenants and upon His Maiesties approbation of them shall give them Deputations accordingly always understood That His Maiesty His Heirs and Successors have power and authority to direct and order otherwise and accordingly at his and their pleasure may appoint and commissionate or displace such Officers Any thing in this Act to the contrary notwithstanding And that the said Lieutenants respectively and in their absence out of the Precincts and Limits of their respective Lieutenancies or otherwise by their directions the said Deputy-Lieutenants The power of the Deputy-Lieutenants during their said respective Deputations or any two or more of them shall have power from time to time to train exercise and put in readiness and also to lead and conduct the persons so to be armed arrayed and weaponed by the directions and to the intents and purposes as is hereafter expressed and declared And for the providing Horse and Arms and Furniture thereunto belonging for the Arming and Weaponing the persons aforesaid and also for the defraying and paying the necessary charges thereunto belonging in manner as hereafter followeth Be it further Enacted The manner of charging and providing Horse and Arms c. That the said respective Lieutenants within the several Counties Cities and Places for which they are nominated respectively and their Deputies or the major part of such Lieutenants and Deputy-Lieutenants then present or in the absence of the Lieutenant or Lieutenants the major part of the Deputy-Lieutenants then present which major part shall be thrée at the least have hereby full Power and Authority to charge any person with Horse Horse-man and Arms or with Foot-Souldier and Arms in the same County Shire City Burrough or Town-Corporate where his her or their Estates lye having respect unto and not excéeding the limitations and proportions hereafter mentioned that is to say No person shall be charged with finding a Horse Horse-man and Arms unless such person or persons have a Revenue of Five hundred pounds by the year in possession or have an Estate of Six thousand pounds in Goods or Money besides the Furniture of his or their Houses and so proportionably for a greater Estate in Lands in possession or Goods as the respective Lieutenants and their Deputies as aforesaid in their discretions shall sée cause and think reasonable And they are not to charge any person with finding a Foot-Souldier and Arms that hath not a yearly Revenue of Fifty pounds in possession or a personal Estate of Six hundred pounds in Goods or Moneys other then the stock upon the ground and after the aforesaid rate proportionably for a greater or lesser Revenue or Estate Nor shall they charge any person with the finding both of Horse and Foot in the same County Provided That no person chargeable by this Act to find an Horse and Horse-man with Arms No person charged with or towards an Horse may be charged also towards foot-arms or to be contributory towards finding an Horse and Horse-man with Arms shall for the same Estate be chargeable towards finding a Foot-Souldier with Arms or contributory thereunto And it shall be lawful to and for the respective Lieutenants and Deputies or any thrée or more of them as aforesaid to impose the finding and providing of Horse Horse-man and Arms as aforesaid by joyning two or thrée or more persons together in the Charge as to their Iudgment shall appear most conducible to the service of this Kingdome Provided That no person that hath not One hundred pounds per annum in possession in Lands What persons and Estate only chargeable towards finding Horse-arms Lieutenants and Deputies may hear and determine matters relating to this Act. Tenements or Hereditaments Lease-hold or Copy-hold or Twelve hundred pounds personal Estate shall be compellable to contribute in finding any Horse and Horse-man with Arms And the said respective Lieutenants and Deputies or any thrée or more of them shall have power to hear Complaints and examine Witnesses upon Oath which Oath they have hereby power to administer and to give redress according to the merits of the cause in matters relating to the execution of this Act. Be it further Enacted That the said Lieutenants and Deputies or any thrée or more of them in their several Counties and Places respectively shall
or persons which he hath forfeited by the Statute aforesaid made in the nine and thirtieth year of the Quéen And whereas Constables Headboroughs or Tithingmen are or may be at great charge in relieving conveying with Passes and in carrying Rogues Vagabonds and sturdy Beggars to Houses of Correction or the Work-houses herein mentioned and as yet have no power by Law to make Rates to reimburse themselves Be it therefore Enacted by the Authority aforesaid That all Constables Headboroughs and Tithingmen so out of purse as aforesaid together with the Church-wardens and Overséers of the poor and other Inhabitants of the said Parish shall hereby have power and Authority to make an indifferent Rate Power to make rates and to tax all the Occupiers of Lands and Inhabitants and all other persons chargeable by the Statute of the thrée and fortieth of Elizabeth concerning the Office and Duty of Overséers for the poor within the said Parish which Rate being confirmed under the hands and Seals of any two Iustices of Peace 43 El. cap. 2. as aforesaid the said Constable Headborough or Tithingmen shall have power by Warrant under the hands and Seals of two Iustices of Peace to levy by distress and sale of the goods of any person or persons refusing to pay the same rendring the overplus to the Owner if any shall be Putative fathers of Bastard-children running away how to be proceeded against And whereas the putative Fathers and lewd Mothers of Bastard-Children run away out of the Parish and somtimes out of the County and leave the said Bastard children upon the charge of the Parish where they are born although such putative Father and Mother have Estates sufficient to discharge such Parish Be it therefore Enacted by the Authority aforesaid That it shall and may be lawful for the Church-wardens and Overséers for the poor of such Parish where any Bastard-Child shall be born to take and seise so much of the Goods and Chattels and to receive so much of the Annual Rents or profits of the Lands of such putative father or lewd mother as shall be ordered by any two Iustices of Peace as aforesaid for or towards the discharge of the Parish to be confirmed at the Sessions for the bringing up and providing for such Bastard-Child And thereupon it shall be lawful for the Sessions to make an Order for the Church-wardens or Overséers for the poor of such Parish to dispose of the goods by Sale or otherwise or so much of them for the purposes aforesaid as the Court shall think fit and to receive the rents and profits or so much of them as shall be ordered by the Sessions as aforesaid of his or her Lands Persons sued for matters in this Act may plead the General Issue And if any person or persons shall be sued for any matter or thing which he shall do in execution of this Act he may plead the General Issue and give the special matter in Evidence And if the Verdict shall pass for the Defendant or if the Plaintiff be Nonsuited or Discontinue his Suit the Defendant shall recover treble Damages Lancashire Cheshire Derbyshire Yorkshire Durham Cumberland Westmerland 43 El. cap. 2. Whereas the Inhabitants of the Counties of Lancashire Cheshire Derbyshire Yorkshire Northumberland the Bishoprick of Durham Cumberland and Westmerland and many other Counties in England and Wales by reason of the largeness of the Parishes within the same have not nor cannot reap the benefit of the Act of Parliament made in the thrée and fortieth year of the Reign of the late Quéen Elizabeth for relief of the poor Therefore be it Enacted by the Authority aforesaid That all and every the poor néedy impotent and lame person and persons within every Township or Village within the several Counties aforesaid shall from and after the passing of this Act be maintained kept provided for and set on work within the several and respective Township and Village wherein he she or they shall inhabit or wherein he she or they was or were last lawfully setled according to the intent and meaning of this Act and that there shall be yearly chosen and appointed according to the rules and directions in the said Act of the thrée and fortieth year of Quéen Elizabeth mentioned two or more Overséers of the poor within every of the said Townships or Villages who shall from time to time do perform and execute all and every the Acts powers and authorities for the necessary relief of the poor within the said Township or Village and shall lose forfeit and suffer all such pains and penalties for non-performance thereof as is limited mentioned and appointed in and by the said in-part-recited Act. And be it further Enacted by the Authority aforesaid That the Iustices of Peace within the said Counties shall have and enjoy such and the like powers and authorities to raise and levy moneys and to do and execute all and every such other Act and thing whatsoever within every Township or Village within the said County where they are Iustices as is given limited and appointed unto and for them to do and execute within any Parish or Parishes in and by the said Act made in the said thrée and fortieth year of the said late Quéen Elizabeth under such and the like pains and penalties for the non-performance of their Duties to be levyed and disposed of as is nominated and expressed in the said Act. Power of the Iustices to transport rogues and vagabonds Provided alwayes and be it Enacted by the Authority aforesaid That it shall and may be lawfull for the Iustices of Peace in any of the Counties of England and Wales in their Quarter-Sessions Assembled or the major part of them to Transport or cause to be Transported such Rogues Vagabonds and sturdy Beggars as shall be duly convicted and adjudged to be incorrigible to any of the English plantations beyond the Seas Proviso for the Dean and chapter of Westminster Provided also That neither this Act nor any thing therein contained shall extend to be or be construed expounded or taken to the prejudice or infringement of any the franchises rights liberties or priviledges heretofore granted by the Kings and Quéens of this Realm his Majesties Royal Predecessors to the Dean and Chapter of the Collegiate Church of St. Peter in Westminster The continuance of divers parts of this Act. Provided always That this Act as to all the matters therein contained excepting what relates unto the Corporations mentioned and constituted thereby shall extend and be in force untill the nine and twentieth day of May One thousand six hundred sixty five and the end of the first Session of the next Parliament then next ensuing and no longer CAP. XIII Importation of Forreign Bonelace Cut-work Imbroidery Fringe Band-strings Buttons and Needle-work prohibited VVHereas great numbers of the Inhabitants of this Kingdom are imployed in the making of Bonelace Band-strings Buttons Néedlework Fringe and Imbroideries who
ease of Sheriffs in passing their Accompts Seizures of Lands remaining charged Michaelmas 1660. Be it Enacted and Declared That from henceforth every Seizure for or concerning any Lands Tenements and Hereditaments now remaining charged in the Foreign accompt of any Sheriff or Sheriffs within the Kingdom of England for the year ended at Michaelmas One thousand six hundred and sixty shall be from the said Foreign accompt charged particularly in the great Roll of the Exchequer And that the several Remembrancers of the said Court or their respective Deputies do in their respective Officers forthwith Seizures hereafter taken or returned and so from time to time for the future write and make true and perfect Copies of all and every such other Seizure and Inquisition as already are or hereafter shall be certified into their respective Offices without certifying the Copy of the Writ or Commission at large upon which such Seizure or Inquisition is or shall be so taken or returned mentioning only in brief the Date of the said Writ or Commission and shall deliver the said Copies well and truly examined and attested under his or their Hands to the Engrosser of the said great Roll And that all such of the said Seizures and Inquisitions as now are returned into any of their respective Offices shall be delivered before the first day of February next coming And that all such other seizures as shall hereafter be returned or certified into their respective Offices shall be delivered so examined and attested as aforesaid to the said Engrosser before the first day of the next Term after the said Remembrancers shall have received the same so as the same may be charged in the great Roll To the end that the Processe of the Court may from thence issue for levying the Issues and Profits thereof to the use of the Crown unto which said Remembrancers or their Deputies shall be from time to time paid for every Sheet which they or their respective Clerks shall so write and deliver the sum of eight pence Fees to the Remembrancers the same to be paid unto them by the aforesaid respective Sheriffs who shall be allowed the same by the Barons upon their respective Accompts out of the Issues and Profits arising out of the Premisses so seized and no Sheriff or Sheriffs for this persent year One thousand six hundred sixty and one Sheriffs shall not answer illeviable seizures Farm Rents c. nor any Sheriff or Sheriffs to be hereafter made or appointed within this Kingdom of England shall be charged in accompt to answer any illeviable Seizure Farm Rent or Debt or other Seizure Farm Rent Debt matter or thing whatsoever which was not writ in Processe to him or them to be levied wherein the persons of whom or the Lands or Tenements out of which together with the cause for which the same shall be so levied shall be plainly and particularly expressed but shall be thereof wholly discharged without Petition Plea or other trouble or charge whatsoever And it is hereby further Enacted and Declared Seizures before 1 Jac. and divers others to be left out of the Sheriffs accompt That all Seizures heretofore made before the first Year of the Reign of the late King James of ever blessed memory now remaining in the Accompts of the Sheriffs and all Seizures and Debts which are pardoned shall be and are hereby fully discharged And that the same and every of them shall hereafter be left out of Sheriffs accompts without further Order Plea Petition or other Charge to any Sheriff or Sheriffs whatsoever And that no Processe shall from henceforth be written forth to any Sheriff for the levying of the same or any of them nor for any other Rent or Farm which cannot be explained by setting forth the particulars thereof or which have been unanswered by the space of forty years last past And that all other dead Farms and Seizures and all desperate illeviable and unintelligible Debts shall be removed out of the Annual Roll and Sheriffs Charge into the Exannual Roll there to remain untill by Commission they shall be revived and made answerable Process for Debts to be sent forth in convenient time And to the end that all new Debts arising and coming into the Exchequer for the future may be sent forth in Processe within convenient time Be it also Enacted and Declared That the aforesaid several Remembrancers do forthwith inrol and certify to the said Ingrosser of the great Roll all such Debts as any Sheriff or Sheriffs of this Realm are or hereafter shall be charged withall either by vertue of their respective Retorns made to the Barons of the said Exchequer upon his Majesties Writs of Fieri facias Levari facias Capias or other Processe and also of all Fines and Amerciaments which are or shall be set and imposed by the Court of Exchequer upon any Sheriff or Sheriffs for his or their contempts or neglects that is to say That all and every such Debts Fines and Amerciaments as now are returned set or imposed in any of the said Offices shall be delivered as aforesaid before the First day of February next ensuing And all such Debts Fines and Amerciaments as shall hereafter be returned set or imposed in any of the respective Offices shall be also delivered by the First day of the next Term after such Retorns made The penalty upon officers for doing any thing against this Act. or such Fines or Amerciaments so set or imposed that so they may be all charged in the Sheriffs Accompts respectively and comprehended within his or their Quietus est upon pain that every Officer or Officers in the said Exchequer who shall in any thing offend contrary to this present Act shall forfeit the sum of Forty pounds for every such offence whereof one moyety shall be to the King his Heirs and Successors and the other moyety to the party or parties who shall be thereby agrieved to be recovered by Action of Debt Bill Plaint or Information in any of his Majesties Courts at Westminster wherein no Essoin Protection Priviledge or Wager of Law shall be allowed or admitted 9 E. 2. St. Lincoln 4 E. 3. cap. 9. 5 E. 3. cap. 4. And it is hereby further Provided and Ordained That no person shall be assigned to be Sheriff of any County within this Realm except such as have Lands within the same County sufficient to answer the King and his people And whereas by an Act made in the One and twentieth year of the Reign of our late Soveraign Lord King James over England 21 Jac. cap. 5. It was provided That whensoever any Sheriff upon passing his Accompts A Quietus est to be a sufficient discharge for a Sheriff if not questioned within four years after grant thereof should have his Quietus est that he should be thereby absolutely discharged of all sums of Money by him Levied and Received and pretended not to be accompted for
Heirs and all claiming under them all right to the said Rectories and Premisses as hath accrued unto them before the Ninetéenth day of May One thousand six hundred sixty and two And be it further Enacted by the Authority aforesaid That all Tenants Lessées How Tenants and Lessees under such Estates shall pay their Rents and Occupiers of all such Advowsons Rectories Impropriate gléeb-Gléeb-Lands Tithes and premisses so granted or setled to or upon such Trustées as aforesaid for the uses or purposes aforesaid shall pay all such Rents as shall hereafter grow due and payable to such persons onely unto whom the right and interest of and in the same Advowsons Rectories gléeb-Gléeb-Lands Tithes and premisses before the said Conveyances or Assurances intended to be annulled and made void by this present Act did or should of right belong or appertain And whereas the said Conveyances and Assurances in and by this Act intended to be made void were some of them of Estates in Fée-simple and some of them long Terms for years made to Trustées Rents and sums appointed for augmentation of certain Vicarages who redemiled the same at and under such yearly Rents and Sums of Money as were then appointed to be the Augmentation of certain Vicarages or maintenance for preaching Ministers since which time many of the Rectories and Lands so Conveyed and Leased have béen absolutely sold and the Redemises thereof granted and assigned by the Owners thereof for the benefit of such purchasers Be it further Enacted and Ordained by this present Parliament and by the Authority of the same That the said Purchasers their Heirs and Assigns shall pay and the said former Owners of the said Lands and Rectories their Executors Administrators and Assigns shall have hold and enjoy the said Rents and sums of Money so reserved for the Augmentation of the said Vicarages and maintenance for Preaching Ministers upon the said several Redemises and shall have the same and the like remedies by Distress or by Action of Debt for the recovery thereof as the said Trustées who Redemised the same should or might have had if this Act had not béen made CAP. XXVI Abuses committed in the Weight and false Packing of Butter Reformed FOrasmuch as Butter is one of the principal Commodities of the product of this Kingdom and is not only of an universal use Expence at home The Contents of a Kilderkin of Butter but very great quantities thereof are Transported beyond the Seas And whereas by Custom time out of mind used every Kilderkin of Butter ought to weigh One hundred thirty and two pounds gross at the least that is to say One hundred and twelve pounds of Neat Butter and the Cask Twenty pounds The Firkin The Firkin of Butter ought to weigh Sixty and four pounds viz. Fifty and Six pounds of good Merchantable Butter Neat and the Cask Eight pounds And the Pot of Butter ought to weigh Twenty pounds The Pot. viz. Fourtéen pounds of good and Merchantable Butter Neat and the Pot Six pounds And whereas great Complaint hath béen made by the Traders in Butter and Chéese That by the Fraudulent dealing and practice of several Farmers Owners and Packers of Butter and by their irregular manner of weighing with Stones Iron Wedges Bricks and other unwarrantable Weights the same quantities of Butter are not put up into the respective Cask and Pots aforesaid and the Kilderkin is Commonly made to weigh Six and twenty pounds and sometimes Eight and twenty pounds and the Firkin to weigh Ten pounds or Twelve pounds and sometimes Thirtéen or fourtéen pounds weight and the Pots are made generally to weigh Seven pounds and some of them Eight pounds or Nine pounds weight and much bad and decayed Butter is mixed and Packed up into Kilderkins Firkins and other Cask and Pots with sound and Good Butter and immoderate quantities of Salt intermixed to the spoil of the same and to the great wrong and abuse of his Majesty in the Victualling of His Navy of Merchants in the Victualling of their Ships and of all Traders in the said Commodity and of all Housholders who buy the same for their expence and to the great dishonour of the English Nation in the parts beyond the Seas and to the bringing of the said Commodity into great disrepute abroad whereby it yields not that price nor is vented there in such quantities as otherwise it would For remedy whereof Be it Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal A Kilderkin of Butter shall contain 112 l. besides the Cask and Commons in this present Parliament Assembled That from and after the First day of June which shall be in the year of our Lord One thousand six hundred sixty and two every Kilderkin of Butter do and shall contain One hundred and twelve pounds Neat or above every pound containing sixtéen Ounces besides the Taxe of the Cask The Firkin 56. l. and not less of good and Merchantable Butter Every Firkin and Butter do and shall contain Fifty six pounds Neat or above besides the weight of the Cask of good and Merchantable Butter and every Pot of Butter do and shall contain fourtéen pounds Neat or above besides the weight of the Pot The Pot 14. l. of good and Merchantable Butter And that no Butter which is Old or Corrupt shall be mixed or packed up into any Kilderkin Firkin or other Cask Vessel or Pot whatsoever with any Butter which is New and Sound No old Butter shall be mixed with new nor any Whay-Butter shall be packed or mixed with any Butter that is made of Cream but that the said respective sorts of Butter shall be packed up severally and apart by themselves and shall not be mixed one with another and that every Cask or Pot of Butter shall be of one sort and goodness throughout such Cask and Pot Nor Whay-butter and that no Butter shall be salted with any great Salt but that all Butter shall be salted and saved with small Salt nor more Salt shall be intermixed with it then shall be néedful for its preservation The penalty upon pain and penalty that every Owner Farmer or Packer of Butter not putting up in each Kilderkin Firkin and Pot of Butter to be sold or to be exposed to sale respectively such quantities as aforesaid or offending in false packing as aforesaid for every such offence shall forfeit the value of all the Butter so false packed and for every offence where any Kilderkin Firkin or Pot shall be found to contain a lesser quantity of Butter then by this Act is appointed six times the value of every pound of Butter that shall be wanting in any such Cask or Pot. And to the intent that the benefit intended by this Act may be extended with full effect to all persons who do either cut out Butter by Retail or expend it Be it further Enacted
hereby further Enacted That if any Officer of the Customs in England Wales or Town of Berwick upon Tweed shall give any Warrant for or suffer any Sugar Tobacco Ginger Cotton-wool Indico Speckle-wood or Jamaica Wood Fustick or other Dying Wood of the growth of any of the said Lands Islands Colonies Plantations Territories or Places to be carryed into any other Countrey or place whatsoever until they have béen first unladen bona fide and put on shore in some Port or Haven in England or Wales or in the Town of Berwick That every such Officer for such offence shall forfeit his place and the value of such of the said goods as he shall give Warrant for or suffer to pass into any other Countrey or place the one moyety to his Majesty his Heirs and Successors and the other moyety to him or them that shall inform or sue for the same in any Court of Record in England or Wales wherein no Essoign Protection or Wager in Law shall be allowed Encouragement of Plantations and encrease of Shipping And for the better encouragement of the said Plantations and the increase of the Shipping and Navigation of this Kingdom Be it Enacted and it is hereby Enacted by the Authority aforesaid That from and after the five and twentieth day of March one thousand six hundred sixty and four it shall and may be lawful out of any Port of England or Wales or out of the Town of Berwick Sea-coals to ship and lade Sea-coals for any part of them paying for the Chalder Newcastle measure one shilling eight pence and for the Chalder London-measure one shilling and no more in full of all Custom and Poundage for the same Any Law Statute or Prohibition to the contrary in any wise notwithstanding Provided That such Sea-coals be shipped in such shipping and so Navigated as abovesaid And that good security be given to the Officers of the Customs in such Port in which they are shipped for the landing them in the said Plantations and not elswhere And forasmuch as several considerable and advantagious Trades cannot be conveniently driven and carried on without the Species of Money or Bullion and that it is found by experience that they are carried in greatest abundance as to a common Market to such places as give frée liberty for exporting the same and the better to kéep in and increase the current Coins of this Kingdom Be it Enacted and it is hereby Enacted That from and after the first day of August one thousand six hundred sixty and thrée it shall and may be lawful to and for any person or persons whatsoever to Export out of any Port of England or Wales in which there is a Customer or Collector or out of the Town of Berwick all sorts of Foreign Coyn or Bullion of Gold or Silver Foreign coin or bullion may be exported first making entry thereof in such Custom-house respectively without paying any Duty Custom Poundage or Fée for the same Any Law Statute or Vsage to the contrary notwithstanding And lastly Whereas a very great part of the richest and best Land of this Kingdom is and cannot so well be otherwise imployed and made use of as in the Féeding and Fattening of Cattel And that by the coming in of late of vast numbers of Cattel already fatted such Lands are in many places much fallen and like daily to fall more in their Rents and Values and in consequence other Lands also to the great prejudice detriment and impoverishment of this Kingdom Be it further Enacted by the Authority aforesaid and it is hereby Enacted That for every head of great Cattel except such as are of the bréed of Scotland that shall be imported or brought into England Penalties upon importation of Foreign cattel at certain times Wales or the Town of Berwick upon Tweed after the first day of July and before the twentieth day of December in any year And for every head of great Cattel of the bréed of Scotland that shall be imported or brought into England Wales or the Town of Berwick after the four and twentieth day of August and before the twentieth day of December in any year there shall be paid to his Majesty his Heirs and Successors the sum of twenty shillings And the sum of ten shillings to him or them that shall inform or seise the same And the sum of ten shillings to the Poor of the Parish where such Seisure or Information shall be made to be recovered and levied by Bill Plaint or other Action wherein no Essoign Protection or Wager in Law shall be allowed And moreover That there shall be paid to his Majesty his Heirs and Successors for every Shéep which shall be Imported into England Wales or the Town of Berwick aforesaid after the First day of August and before the Twentieth day of December in any year the sum of Ten shillings of lawful money of England to be recovered and levied in manner aforesaid Provided always That this Act in so far as it relates to great Cattel or Shéep The continuance of this Act as to importation of cattel Encouragement of Herring Fisheries shall not take place till the First day of July One thousand six hundred sixty and four nor continue longer then the end of the First Session of the next Parliament And for the encouragement of the Herring and North-Sea Island and Westmony Fisheries Be it Enacted and it is hereby Enacted by the authority aforesaid That from and after the First day of August which shall be in the year of our Lord One thousand six hundred sixty and four no Fresh Herring Fresh Cood or Haddock Coal-fish or Gull-fish shall be Imported into England Wales or the Town of Berwick but in English-built Ships or Vessels or in Ships or Vessels bona fide belonging to England Wales or the Town of Berwick and having such Certificate thereof as is abovesaid and whereof the Master and thrée Fourths at the least of the Mariners are English and which hath béen fished caught and taken in such Ships or Vessels and so navigated and not being â—ought or had of any strangers born or out of any strangers Bottoms under the pain of the forfeiture of all such Herring Codd Haddock Coal-fish or Gull-fish impâ—â—ted contrary to the true intent and meaning hereof and of the Ship or Vessel in which it was Imported One moyety of which forfeitures shall be to his Majesty his Heirs and Successors and the other moyety to him or them that shall inform seise or sue for the same to be recovered by Bill Plaint or other Action wherein no Essoign Protection or Wager in Law shall be allowed And be it further Enacted and it is hereby Enacted by the Authority aforesaid Duties to be paid upon importation of salted or dried Fish That for the following sorts or kinds of salted or dried Fish which from and after the said First day of August shall be imported into England Wales or
Sub-collectors of each Parish or Place which shall be appointed by vertue of this Act shall upon the Collection of the whole summe appointed to be collected by them and payment thereof as is hereby and before appointed have and receive for their pains in collecting and paying the moneys one peny in the pound which the said several Head-Collectors are hereby authorized to pay unto them and the several Head-Collectors which shall be appointed by vertue of this Act shall upon the payment of the whole summe due from their Hundred or Division to the Receiver-General of each County have and receive for their pains in receiving and paying the said moneys one peny in the pound which each Receiver-General is hereby authorised to pay and allow unto them accordingly and also upon the Receipt of the whole Assessment of the County City or Town for which he is appointed Receiver-General in case he hath received the several Duplicates of each Parish or Place therein and not otherwise to allow and pay according to such warrant as shall be in that behalf given by the said Commissioners or any thrée of them one peny in the pound for the Commissioners Clerks for their pains in fair writing the Assessments Duplicates and Copies Provided that no Head-Collectors shall be appointed for any City or Town which is by this Act particularly charged with the payment of any summe towards the Assessment hereby to be levied and for which a Receiver-General is to be appointed excepting within the City of London And be it Enacted and Declared How the money may be levied upon persons refusing to pay That if any Person shall refuse or neglect to pay any summe of money whereat he shall be rated and assessed That then it shall and may be lawful to and for the said Collectors Sub-collectors or any of them who are hereby Authorised and required thereunto to levy the summe assessed by Distress and Sale of the Goods of such persons so refusing or neglecting to pay deducting the summe assessed and reasonable charges of distraining and restore the overplus to the Owner thereof And to break open in the day-time any House and upon Warrant under the Hands and Seals of two or more of the said Commissioners any Chest Trunk or Box or other things where any such Goods are and to call to their Assistance the Constables Tythingmen and Headboroughs within the Counties Cities Towns or places where any refusal neglect or resistance shall be made which said Officers and Forces are hereby required to be aiding and assisting in the premisses as they will answer the contrary at their perils And if any question or difference happen upon taking of such Distresses betwéen the Parties distressed or distrained the same shall be ended and determined by the said Commissioners or any two or more of them And if any person or persons shall refuse or neglect to pay his or their Assessment In what case imprisonment may be for lack of distress and convey his or their Goods or other personal Estate whereby the summe of money so assessed cannot be levied according to this Act then the respective Commissioners or any two or more of them are hereby authorised to imprison the person except a Péer or Péers of this Realm and him and them in prison to detain and keep until the money so assessed and the charges for the bringing in the same be paid and satisfied and no longer And the several and respective Tenants or Tenant of all Houses and Lands Tenants to pay such sums as be rated upon their Landlords which shall be rated by vertue of this Act are hereby required and authorised to pay such summe or summes of money as shall be rated upon such House or Lands and to deduct out of the Rent so much of the said rates as in respect of the said Rents of every such House and Lands the Landlord should or ought to pay and bear And the said Landlords both mediate and immediate according to their respective Interests are hereby required to allow such deductions and payments upon the Receipt of the residue of the Rents And it is Enacted and Declared That every Tenant paying the said Assessment And be acquitted against them for so doing shall be acquitted and discharged for so much money as the said Assessment shall amount unto as if the same had béen actually paid unto such person or persons unto whom his Rents should have béen due and payable And if any difference shall arise betwéen Landlord and Tenant The Commissioners may determine differences between Landlords and Tenants about Rates or any other concerning the said Rates the said several Commissioners or any two or more of them in their several divisions shall and have hereby power to settle the same as they shall think fit And if any Person or Persons shall find him or themselves agrieved in that the Assessors have over-rated him or them and shall within six days after demand made of the summe of money assessed on him or them complain to two or more Commissioners whereof one of the Commissioners who signed or allowed his or their Assessment to be one The said Commissioners or any two or more of them shall have and have hereby power within twelve days after the demand of the Assessment as aforesaid to relieve such person or persons and to charge the same on such other person or persons as they shall see cause And in case the proportions set by this Act upon all and every the respective Counties Cities Towns and Places shall not be fully assessed levied and paid according to the true meaning thereof Rates upon persons not of ability or empty houses or that if any of the said Assessments shall be rated and imposed upon any person not being of ability to pay the same or upon any empty or void House or Land where the same cannot be collected or levied or that through any wilfulness negligence or mistake or accident the said Assessment charged upon each County City Town or Place by vertue of this Act happens not to be paid to the Receiver-General of the respective Counties as in this Act is directed that then in all and every such cases the several and respective Commissioners Assessors and Collectors aforesaid and every of them respectively are hereby authorised and required to assess or re-assess or cause to be assessed or re-assessed levied and paid all and every such sum or sums of money upon the respective Counties Cities Towns and Places or upon any of the Divisions Hundreds and Parishes therein as to the said Commissioners or such number of them as by this Act are authorised to cause the first Assessment hereby required to be made shall séem most agréeable to equity and justice the said new Assessment to be made collected and paid in such manner and by such means as in this Act for this Assessment is delared and directed The punishment of persons neglecting to perform
their duty in execution of this Act. And be it further Enacted and Declared by the Authority aforesaid That if any Person or Persons shall wilfully neglect or refuse to perform his or their duty in the due and speedy execution of this present Act the said respective Commissioners or any Three or more of them have hereby Power to impose on such Person or Persons so refusing or neglecting their duties such Fine or Fines as to them shall be thought fit and to cause the same to be levied by Distress and Sale of his and their Goods Provided that no Fine to be imposed by any of the said Commissioners shall for any one Offence exceed the Sum of Twenty pounds And that all Fines that shall be imposed by vertue of this Act shall be paid to the respective Receivers-General and by them to the Receipt of His Majesties Exchequer Collectors and Sub-collectors receiving mony and not paying the same And it is further Enacted and Declared That if any Collector or Sub-collector that shall by vertue of this Act be appointed for the Receipt of any Sum or Sums of Money thereby to be Assessed shall neglect or refuse to pay any Sum or Sums of Money which shall by him be received as aforesaid and not pay the same as in and by this Act is directed and shall detain in his or their hands any money received by them or any of them and not pay the same as by this Act is directed the Commissioners of each County City or Town respectively or any Two or more of them in their respective Divisions are hereby Authorised and Impowred to imprison the Person and seize and secure the Estate both Real and Personal of such Collector or Sub-collector to them respectively belonging or which shall descend or come into the hands or possession of their Heirs Executors or Administrators where-ever the same can be discovered and found And the said Commissioners who shall so seize and secure the Estate of any Collector or Sub-collector shall be and are hereby impowred to appoint a time for the general Meeting of the Commissioners of such County City or Town and there to cause publick notice to be given at the place where such Meeting shall be appointed ten days at least before such General Meeting And the Commissioners present at such General Meeting or the major part of them in case the Moneys detained by Collectors or Sub-collectors be not paid or satisfied as it ought to be according to the Directions of this Act shall and are hereby impowred and required to sell and dispose of all such Estates which shall be for the cause aforesaid seized and secured or any part of them and satisfie and pay such County and Place the Sum that shall be so detained in the hands of such Collector or Sub-collector and return the Overplus deducting necessary Charges to such Collector or Sub-collector their Heirs Executors and Administrators respectively Collectors and Sub-collectors to be called to give an accompt to the Commissoners at the expiration of this Act. And it is hereby further Enacted and Declared That at the expiration of the respective times in this Act prescribed for the full payment of the said quarterly Assessments the several and respective Commissioners or any Two of them within their Division and Hundred shall and are hereby required to call before them the chief Collectors and Sub-collectors within each respective Division and Hundred to examine and assure themselves of the full and whole Payment of the particular Sum and Sums of Money charged upon the said Division Hundred and every Parish and Place therein and of the due Return of the same into the hands of the Receivers-General of the said County City Town and Place respectively And by such Receiver-General to the Receipt of His Majesties Exchequer to the end there may be no failer in the payment of any part of the Assessment by vertue of this Act to be assessed and paid nor any Aâ—rears remain chargeable upon any the said Counties Cities Towns or places respectively And in case of any faileriâ—n the premisses the said Commissioners or any Two of them are hereby to cause the same to be forthwith levied and paid according to the true intent and meaning of this Act. Commissioners concerned in any Controversie to withdraw and not vote And it is hereby Enacted and Declared That in case any Controversie arise concerning the said Assessments or the dividing apportioning or payment thereof which concern any of the Commissioners by this Act appointed that the Commissioners so concerned in the said Controversie shall have no Voice but shall withdraw at the time of the Debate of any such Controversie until it be determined by the rest of the Commissioners No exemption of any priviledged Place or Person Fee-Farm Rents And be it hereby Enacted and Declared That no Priviledged Place or Person Body Politick or Corporate within the Counties Cities and Towns aforesaid shall be exempted from the said Assessments and Taxes and that they and every of them and also all Fée-Farm Rents and all other manner of Rents Payments sums of moneys and Annuities issuing out of any Lands within City or County shall be liable towards the payment of every sum by this Act to be taxed and levied And all the Tenants of every Fée-Farm Rent other Rent sums of money or Annuities aforesaid are hereby directed and authorised to pay them proportionably according to the Rates and Assessments by this Act appointed and directed And all such Tenants shall be hereby saved and kept harmless by authority of this Act from any further payment of such portion of any such Rent Rents Sums or Annuities either to the Exchequer or to any other person or persons to whom any such Rent Rents Sums of Moneys or Annuities as aforesaid should or ought to be paid to all intents or purposes whatsoever as fully and as amply as if they had paid the same into the Exchequer or to any person or persons to whom the same is reserved or become due Provided Proviso for Colledges and Halls in the Vniversities Windsor Eaton Winton Westminster Hospitals c. That nothing contained in this Act shall be extended to charge any Colledge or Hall in either of the Vniversities or the Colledges of VVindsor Eaton VVinton or VVestminster or any Hospitals for or in respect of the Scites of the said Colledges or Halls or Hospitals nor any Master Fellow or Schollar of any such Colledge or Hall or in any other Free-Schooles or any Reader Officer or Minister of the said Vniversities Colledges or Schooles or of any Hospitals or Alms-houses for or in respect of any stipend wages or profit whatsoever arising or growing due to them in respect of the said several Places and Imployments in the said Vniversities Colledges Schooles Hospitals or Alms-houses nor to Charge any of the Houses or Lands belonging to Christ's Hospital Saint Bartholomewes Bridewell Saint Thomas and Bethlehem Hospital
excepted but shall wilfully and negligently suffer the said Fens and Wastes or the most part of the same to be again drowned and overflowed by the space of five years at any time after the expiration of the said seven years and the same be found and adjudged hurtfully surrounded in default of the said Trustées their heirs and assigns or the survivor of them contrary to this Act by twelve Commissioners of Sewers or the greater number of them whereof six to be of the parts of Holland and six of Kestiven of which twelve Commissioners thrée of either of the said parts to be of the Quorum upon their view or inquisition or presentment of Iury that the same hath so long continued drowned and that Iudgment be certified of Record into the High Court of Chancery under their hands and seals or the greater number of them That then and from thenceforth the trust of the said Trustées their heirs and assigns or the survivor of them of in and to the said third part and the said other parts and proportions added and allotted for a further recompence as aforesaid for the said Earl and Countess of Berkshire Lord Howard of Charlton Lord Bruce Countess of Stamford Lord Grey and other persons in remainder as aforesaid and all and every estate and estates whatsoever by them granted conveyed or in any manner executed of all or any the said third part or other proportions added and allotted for further recompence to any person or persons whomsoever in execution pursuance or discharge of their said trust or otherwise shall cease determine and be utterly void to all intents and purposes whatsoever and not to be helped altered or relieved in any Court or by any course of Law or Equity and that then and from thenceforth the said Trustées their heirs and assigns or the survivor of them shall stand and be seised of all the said third part and the additional allotments in trust to permit and suffer the said Commissioners of Sewers of Kestiven and Holland to take perceive and receive the whole Rents Issues and profits to the end the same may be laid out and expended for the regaining of the said Fens and to defray the charge which the Country shall or may be put unto to preserve themselves and their other Lands from being surrounded or damnified by the said waters in default of maintaining of the said Banks and doing other the said works which ought to have béen made and repaired by the said Trustées their heirs and assigns or the survivor of them And upon further trust likewise That the said Trustees their heirs and assigns or the survivor of them shall and will from time to time and at all times make and execute such estate and estates as twelve Commissioners of Sewers of the parts of Holland and Kestiven whereof thrée of each part to be of the Quorum shall by writing under their hands and seals direct and appoint And be it Enacted and declared That all such estate and estates so by them made shall be and be and be deemed and taken to be good and effectual in Law to all intents and purposes as if the same were in this present Act particularly and by proper names mentioned and expressed And be it further Enacted by the Authority aforesaid That if the said Trustées their heirs or assigns or the survivor of them shall not or do not at or before the said term of seven years well and truly pay or cause to be paid the full and just sum of one hundred pounds of lawful money of England into the hands of such person or persons as the said Commissioners of Sewers in their publick Sessions from time to time shall appoint to receive the same That then and in such case it shall and may be lawful to and for the said Commissioners of Sewers by an Order in writing under their hands and seals to Authorize such person or persons as they shall think fit to enter into any the said Lands part of the said third part allotted to the said Thomas Lovel out of any the Fens by him formerly undertaken to be Dreyned and the said Additional Lands and out of the Rents Issues and profits thereof to raise the same sum of one hundred pounds to the end the same shall and may be by them imployed and laid out South-Dozens and Hawthorn bank in and about the necessary maintenance and reparation of the Banks above mentioned called the South Dozens and Hawthorne Bank and so from time to time and at all times as the said one hundred pounds or any part thereof shall be as abovesaid expended in and about the said Banks as aforesaid if the same be not again supplied by the said Trustees their heirs or assigns or the survivor of them within six moneths then next following then it shall be in the power of the said Commissioners of Sewers out of the Rents Issues and profits aforesaid to raise the same or so much thereof as shall not be supplyed as abovesaid from time to time and at all times as occasion shall require How meetings and by-laws may be made for management of the dreyning Provided always and be it Enacted by the Authority aforesaid That it shall and may be lawful to and for such person and persons their heirs and assigns or any three or more of them to whom the said Trustees their heirs or assigns or the survivor of them shall make or execute any estate or estates of the said ten thousand thirty six Acres before mentioned or any part thereof as Adventurers under the said Trustees their heirs or assigns or the survivor of them in Dreyning the said Fens at all times and from time to time from and immediately after execution of the said estate and estates to summon call and hold meetings of themselves their Agents and Workmen at such place and places by warrant under three or more of their hands and seals or under the hand and seal of their common Clerk for the time being for the making altering or confirming and with power and authority hereby granted unto them their heirs executors administrators and assigns for making and to make By-laws for the better Government and more orderly management of the said work of Dreyning the said Fens within themselves respectively And also be it further Enacted by the Authority aforesaid That at all and every meeting and meetings as aforesaid to be held It shall and may be lawful and they are hereby thereunto impowred for any three or more of the said Vndertakers their heirs executors administrators and assigns By whom rates and taxes may be made for the saâ—d work to assess rate tax and charge all and every the respective Owner or Owners their heirs executors administrators and assigns and every of them of all and every the said ten thousand and thirty six Acres aforesaid by an equal and proportionable Acre-tar with any sum or sums of money as they shall
the East-Indies or any part beyond the Equinoctial shall be and are hereby Attainted of High Treason and shall suffer and forfeit to all intents and purposes as persons Attainted of High Treason ought to do CAP. VI. Damage Cleere taken away WHereas the moneys which are taken by Prothonotaries of Your Majesties Courts of Kings Bench and Common Pleas and by the Clerk of Your Majesties Court of Exchequer at Westminster and the Prothonotary of Your Majesties Court of Common Pleas at Lancaster and the Prothonotaries and Clerks of other Your Majesties Courts within the Realm of England and Dominion of Wales in the name of Damna Clericorum or Damage Cléere Damna Clericorum are an unnecessary charge and burden to all Your Majesties Subjects who have good cause and are put to Sue for Damages in Actions where Damages are recoverable For avoiding of which inconveniencies for the future and that Your Majesties Subjects may have an easier means for the recovery of their damages and just rights which are unjustly detained from them May it please Your most Excellent Majesty that it may be Enacted And the Kings most Excellent Majesty being willing upon all occasions to ease His Subjects of all unnecessary charges and burdens is graciously pleased That it be Enacted And be it Enacted by the Kings most Excellent Majesty Shall determine and not be taken after the 29 day or September 1672. with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same That immediately from and after the Twenty ninth day of September which shall be in the year of our Lord One thousand six hundred seventy two no Damage Cléere shall by any Title or Precept whatsoever be due payable taken or received from any person or persons in any Action whatsoever sued or prosecuted in any of His Majesties Courts at Westminster or elsewhere within the Kingdom of England or Dominion of Wales by any Prothonotary Clerk or Clerks or other Officer or Officers of the said Courts respectively And that from and after the day and year aforesaid the said Fée of Damna Clericorum or Damage Cléere shall wholly cease and be for ever abolished in the said Courts And that if any Prothonotary Clerk or Clerks or other Officer in any of the said Courts The Penalty shall take or exact any sum or sums of money in the name of Damna Clericorum or Damage Cléere or any thing in lieu thereof after the day and year above mentioned Or if any of the said Prothonotaries Clerk or Clerks or their Deputies at any time before the said Twenty ninth day of September in the year aforesaid shall exact or take any Damage Cléere or sum of money Bond or Security in lieu thereof from any Plaintiff or Plaintiffs Demandant or Demandants in any Action where Damages have béen or hereafter shall be recovered in any of the said Courts or shall refuse or delay to Sign any Iudgement until Damage Cléere be first paid by the Plaintiff or Demandant which are not to be paid unless forth of the moneys levied from or paid by the Defendants as is herein after provided and mentioned He or they so offending shall forfeit treble the sum so taken exacted or demanded to the party or parties grieved to be recovered by Bill Plaint or Information in any of the said Courts wherein no Essoyn Protection or Wager of Law shall be allowed Provided and be it further Enacted That until the Nine and twentieth day of September which shall be in the year of our Lord God In what cases only they may be taken until the 29 September 1672. One thousand six hundred seventy and two and no longer the Damage Cléere shall be paid answered and allowed out of such sum and sums of money onely as shall be actually levied or otherwise paid by or from the Defendants and onely for the proportion of the Sum and Sums of money which shall be so levied or otherwise paid as aforesaid and no more or otherwise CAP. VII For a more speedy and effectual proceeding upon Distresses and Avowries for Rents FOrasmuch as the ordinary Remedy for Arrearages of Rents is by Distress upon the Lands chargeable therewith And yet nevertheless by reason of the intricate and dilatory proceedings upon Replevins that Remedy is become ineffectual For remedy thereof It is Enacted by the Kings most Excellent Majesty with the Advice and Assent of the Lords Spiritual and Temporal Plaintiff in Replevin being nonsuit before issue joyned and Commons in this present Parliament Assembled and by Authority of the same That whensoever any Plaintiff in Replevin shall be Non-suit before Issue joyned in any Suit of Replevin by Plaint or Writ lawfully returned How the Defendant may Avow removed or depending in any of the Kings Courts at Westminster That the Defendant making a Suggestion in nature of an Avowry or Cognizance for such Rent to ascertain the Court of the cause of Distress The Court upon his Prayer shall award a Writ to the Sheriff of the County where the Distress was taken to enquire by the Oaths of Twelve good and lawful men of his Bayliwick touching the Sum in Arrear at the time of such Distress taken and the value of the Goods or Cattel distrained And thereupon notice of Fiftéen days shall be given to the Plaintiff or his Attorney in Court of the sitting of such Enquiry and thereupon the Sheriff shall enquire of the truth of the matters contained in such Writ by the Oaths of Twelve good and lawful men of his County And upon the Return of such Inquisition the Defendant shall have Iudgement to recover against the Plaintiff the Arrearages of such Rent in case the Goods or Cattel distrained shall amount unto that value And in case they shall not amount to that value then so much as the value of the said Goods and Cattel so distrained shall amount unto The Plaintiff nonsuit after Avowry made c. together with his full Costs of Suit and shall have Execution thereupon by Fieri facias or Elegit or otherwise as the Law shal require And in case such Plaintiff shal be nonsuit after Cognisance or Avowry made and Issue joyned or if the Verdict shall be given against such Plaintiff then the Iurors that are Impannelled or Returned to inquire of such Issue shall at the prayer of the Defendant inquire concerning the Sum of the Arrears and the value of the Goods or Cattel distrained And thereupon the Avowant or he that makes Cognisance shall have Iudgement for such Arrearages or so much thereof as the Goods or Cattel distrained amount unto together with his full Costs and shall have Execution for the same by Fieri facias or Elegit or otherwise as the Law shall require Iudgement upon Demurrer for the Avowant And be if further Enacted by the Authority aforesaid That if Iudgement in any of the Courts aforesaid
upon this Act may be Assigned over And be it further Enacted by the Authority aforesaid That every person or persons to whom any moneys shall be due by vertue of this Act after Warrant or Order entred in the Book of Register aforesaid for payment thereof his Executors Administrators or Assigns by Indorsement of his Order or Warrant may assign and transfer his Right Title Interest and Benefit of such Warrant or Order or any part thereof to any other which being notified in the Office of the Auditor of the Receipt aforesaid and an entry and memorial thereof also made in the Book of Registry aforesaid for Warrants which the Officers shall on request without Fée or charge accordingly make shall intitle such Assignée his Executors Administrators and Assigns to the benefit thereof and payment thereon And such Assignée may in like manner Assign again and so Toties quoties and afterwards it shall not be in the power of such person or persons who have made such Assignments to make void release or discharge the same or any the moneys thereby due or any part thereof Persons sued for executing this Act may plead the general issue 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 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 Nonsuit or forbear further prosecution or suffer Discontinuance or if a Verdict pass against him the Defendant and 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 CAP. II. Cattel may not be imported from Ireland and other parts beyond the Seas nor Fish taken by Foreigners WHereas by an Act of this present Parliament entituled An Act for the Encouragement of Trade amongst other things some Provision was made for the preventing of coming in of vast Numbers of Cattel 1◠Car. 2. cap. 5. Stat. 3. whereby the Rents and Values of the Land of this Kingdome were much fallen and like dayly to fall more to the great Prejudice Detriment and Impoverishment of this Kingdom which nevertheless hath by experience béen found to be ineffectual and the continuance of any Importation either of the Lean or Fat Cattel dead or alive herein after specified not onely Vnnecessary but very Destructive to the welfare of this Kingdome Be it therefore Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled That such Importation from and after the second day of February Importation of Cattel a common Nusance in this present year One thousand six hundred sixty and six is a publick and common Nusance and shall be so adjudged déemed and taken to be to all intents and purposes whatsoever And that if any great Cattel Shéep or Swine or any Béef Pork or Bacon except for the necessary Provision of the respective Ships or Vessels in which the same shall be brought not exposing the same or any part thereof to Sale shall from and after the said second day of February by any wise whatsoever be Imported or brought from beyond Seas into this Kingdom of England Dominion of Wales or Town of Berwick upon Tweed That then it shall and may be lawful for any Constable The Penalty Tything-man Headborough Church-wardens or Overséers of the Poor or any of them within their respective Liberties Parishes or Places to take and seize the same and kéep the same during the space of Eight and fourty hours in some publick or convenient place where such Seizure shall be made within which time if the Owner or Owners or any for them or him shall make it appear unto some Iustice of the Peace of the same County where the same shall be so seized by the Oath of two credible Witnesses which Oath the said Iustice of Peace is hereby impowred and required to administer That the same were not Imported from Ireland or from any other place beyond the Seas not herein after Excepted after the said second day of February Then the same upon the Warrant of such Iustice of Peace shall be delivered without delay But in default of such Proof and Warrant then the same to be forfeited One half thereof to be disposed to the use of the Poor of the Parish where the same shall be so found or seized the other half to be to his or their own use that shall so seize the same And for the better encouragement of the Fishery of this Kingdom Be it further Enacted by the Authority aforesaid That if any Ling Herring Cod or Pilchard fresh or salted Encouragement of Fishery dryed or bloated or any Salmons Eels or Congers taken by any Foreigners Aliens to this Kingdom shall be Imported uttered sold or exposed to sale in this Kingdom That then it shall and may be lawful for any person or persons to take and seize the same The one half thereof to be disposed of to the use of the Poor of the Parish where the same shall be so found or seized the other half to his or their own use which shall so seize the same Provided always That nothing in this Act shall be construed to hinder the Importation of Cattel from the Isle of Man in this Kingdom of England Isle of Man so as the number of the said Cattel do not excéed Six hundred Head yearly And that they be not of any other Bréed then of the Bréed of the Isle of Man And that they be landed at the Port of Chester or some of the Members thereof and not elsewhere This Act to continue until the end of Seven years and from thence to the end of the First Session of the next Parliament CAP. III. A former Act for preventing of Theft and Rapine upon the Northern Borders of England Continued WHereas an Act was made in the Fourtéenth year of the Reign of our Soveraign Lord the King that now is entituled 14 Car. 2. cap. 22. An Act for preventing of Theft and Rapine upon the Northern Borders of England which Act is very near expiring and hath béen found very necessary for the preservation of those places from that great number of Lewd Disorderly and Lawless persons that usually frequented thereabouts Be it therefore Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled That the said Act and every Clause and Clauses therein contained and all and every the Powers and Authorities thereby given be continue and remain