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A39441
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An Abridgement of the statutes made in the thirteenth year of the reign of King Charles the Second alphabetically digested under apt titles and heads for the ready finding out of the matter.
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England and Wales. Laws, etc.
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1661
(1661)
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Wing E860; ESTC R6329
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18,777
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46
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either in Law or Equity shall be adjudged forfeited to the King and are hereby put into the actuall and reall possession of the King without any further Office c. 3. That no Conveyance Assurance c. whatsoever of or out of any Manours Lands Tenements or Hereditaments not being the Late King 's Queens or Prince or of any Arch-Bishop Bishops Deans Deans and Chapters nor being Lands or Hereditaments sold or given for Delinquency or pretended Deliquency by pretext of some Act Order Ordinance or pretended Order since the first day of January 1641. Nor any Statute Judgment or Recognizance hand made c. to any person Bodies Politick or Corporate before the 29 of September 1659. by any of the aforesaid offenders or their Heirs or by any others claiming by from or under them or any of them other then the Wife or Wives Childe or Children Heir or Heirs of the said persons for money bona fide to them or any of them paid or lent or other valuable Consideration nor any Conveyance Assurance c. made before the 25 of April 1660. by any person or persons to the offenders aforesaid in trust and for the benefit of any other person or persons not being any of the offenders aforesaid or in trust for any Bodies Politick or Corporate shall be impeached defeared made void or frustrated hereby or by any of the Convictions and attainders as aforesaid But the same shall be held and enjoied by the Purchasees Grantees Leasees Assigns Cestuy que vse Cestuy que trust and every of them their heirs c. respectively as if this Act had not been made so as the said Conveyances and all and every the Grants and Assurances with by vertut hereof ought to be held enjoyed as aforesaid shall before the first day of January 1662. be entred and enrolled of Record in the Exchequer and not otherwise 4. That William Lord Mounson Sir Henry Mildmay Sir James Harrington Robert Wallop Esq and John Phelps shall be and are hereby degraded from all Titles of Honour Dignities and preheminences wich they now have or hereafter may descend unto them And none of them shall bear or use the style of Lord Baronet Knight Esquire or Gentleman nor any Coats of Arms or other Legal Title or addition but hereby are made persons of Dishonour and Infamy 5. That the said William Mounson Henry Mildmay James Harrington Robert Wallop and John Phelps shall upon the 27 of January 1661. or so soone after as they shall be apprehended carried to the Tower of London and from thence drawn upon Sledges with Ropes about their necks quite through the Streets unto the Gallows at Tiburn and in like manner be brought back again and be imprisoned during the terme of their natural lives 6. That no executor or Administrator to any of the dead persons whose Estate is herby forfeited shall be sued or molested for any Debt or Legacy by them pai'd as Executors or Administrators to any person to whom the same was due or bequeathed and was paid bona fide but the respective Legatees who have received c. shall be accountable and pay tho same to the King 7. Nothing herein shall be construed to forfeit the terme estate or interest which Sir William Lewes of Borden in the County of Southampton had or hath in the Custody of the Park called East-Mean Park in the said County and in the Game of Conies therein for the Term of three years to come from Our Lady-day last being the remaining years of a greater term the said Sir William being formerly possessed thereof the which Park and premisses belonging to the Bishop of Winchester the said Sir William hath surrendred to the Bishop of Winchester and hath now taken a new Lease for three Lives the which said Lease for three lives to the said Sir William shall notwithstanding this Act remain firm and Good saving alwaies to every person c. their heirs c. all such Estate Right Title and Interest in Law Equity which any person hath or ought to have therein not being in trust for any of the said offenders nor derived by from or under them since the 25 of March 1646. saving alwaies and reserving to Cuthbert Collingwood Esq and George Collingwood Gent. his Son their and every of their Heirs and Assigns the Farmers and Tenants of the said Cuthbert and George or either of them and of their Heirs and Assigns All such Right Title of Entry and Action Use Interest and Possession which any of them or any in trust for them have or had or ought to have of into or out of the Mannors Townships Villages Hamblets and Precincts of Eslington Whittingham Barton Throunton Frawden Keinton West-Brunton East-Brunton Dunnington Blakedon alias Blagdon and Wetslade or any of them in the County of Northumberland and of in to or out of the Lands Tenements c. and Appurtenances to any of them belonging 8. That this Act shall not prejudice the Estate and Interest in Law or Equity of Rachell Powre Widow of in and to one Copyhol-Messuage and Mill with the appurtenances being in Chepmansford in the County of Southampton which by Order Decree of the High Court of Chancery of the 21 June 1661 she is to be forthwith restored unto and put into possession of c. but that she shall hold and enjoy the same according to the said Decree 9. That it shall be lawful for Barrington Bourchier Esq Son and Heire of Sir John Bourchier before mentioned to hold and enjoy all and singular the Lands c. to him lately granted c. by Letters Pattents under the Great Seal of England bearing date the 22 day of March in the 13 year of his Majesties Reign against his Majestie c. for ever according to the full intent and meaning of the said Letters Patents Preservation of the King's Person and Government see Treason Petitions and Addresses see Tumults Treason Stat. 13 Car. 2. cap. 1. That if any person after the 24 of June 1661. during the naturall life of the King shall within the Realm or without compass imagine invent devise or intend death or destruction or any bodily harm tending to death or destruction maim or wounding imprisonment or restraint of the person of the King or to deprive or depose him from the style Honour or Kingly name of the Imperiall Crown of this Realm or of any other his Majesties Dominions or Countreys or to Levy war against his Majestie within this Realm or without or to move or stir any foreiner or strangers with force to invade this Realm or any other his Majesties Dominions or Countreys being under his Majesties obeysance And such compassings imeginations inventions devices or intentions or any of them shall express utter or declare by any Printing Writing Preaching or malicious and advised speaking being legally convicted thereof upon the Oaths of two lawfull and credible Witnesses upon Tryall or otherwise convicted or attainted by due
the Court-Martial shall think fit 3. All Captains Officers and Seamen shall doe their endeavours to detect apprehend and bring to punishment all Offenders and shall assist the Officers for that purpose on pain of being punished by the Court-Martiall 32. Every one committing the unnatural and detestable sin of Buggery or Sodomy with man or Beast shall suffer death without mercy 33. All Faults Misdemeanors and disorders committed at Sea nor herein mentioned shall be punished according to the Laws and Cuctoms used in such Cases at Sea 34. The Lord High Admiral for the time being shall grant Commissions to inferior Vice Admirals or Commander in Cheif of any Squadron of ships to call Court-Martials consisting of Commanders and Captains and no Court-Martiall for inflicting death shall consist of less then five Captains the Admiralls Lieutenant to be as to this purpose estemed as a Captain and in no case wherein Sentence of Death shall pass by vertue of any of the artiels aforesaid except in ease of Mutiny shall such sentence be executed without the leave of the Lord High Admiral if the offence be committed within the Narrow Seas But if beyond the narrow Seas the offence shall be committed whereupon the Sentence of death shall be given c. then Execution shall not be done but by order of the Commander in chief of that Fleet c. wherein sentence of death was passed 35. The Judge Advocate of any Fleet for the time being shall have power to administer an Oath to any person or witness in order to the Examination or Tryal of any of the offences aforesaid and in his absence the Court-Martiall shall appoint one to administer an Oath as aforsaid 36. That this Act c. shall not extend to give unto the Lord Admiral of England for the time being or to any his Vice-Admiralls c. or to any claiming Admirall-power c. within any the King's Dominions any other power right Jurisdiction c. then he or they or any of them lawfully have or ought to have and enjoy before the making of this Act other then for such of the offences Specified in the severall Articles herein contained as shall he hereafter done upon the main Sea or in ships or Vessels being and hovering in the main stream of Great Rivers only beneath the Bridges of the same Rivers nigh to the sea within the Admiralty Jurisdiction and in none other places whatsoever and committed only by such as shall be in actual service and pay in the King's Fleet or ships of War Present to the King Stat. 13 Car. 2. c. 4. enacted That the King may issue out such and so many several Commissions under his Great Seal of England into the several Counties Cities Towns Corporate and all other places in England and Wales and Berwick upon Tweed directed to such as the King shall think fit for the receiving of such Subscriptions as his Subjects shall voluntarily offer for supply of his Majesties pressing occasions and likewise to issue such other Commissions to such other persons as the Kings shall think fit for Collecting and receiving the moneys so subscribed and the Acquittance of any one of which respective Receivers are immediatly to be made given upon pay so made without any Fee and shall be a discharge for the sum so subscribed And in case such subscriptions shall upon any occasion be returned into the Exchequer or other place the payment thereof shall be likewise returned together with the same 2. Process shall issue out of the Exchequer against any Subscibers but within two years after the passing of this Act. 3. The said Commissioners of the respective Counties and places aforsaid are after the issuing out receipt of the said Commissions to meet at the common place of meeting for each County and place c. and so many of them as shall be present at the said first Generall meetings or the major part of them may sever themselves into Hundreds and other places c. within their limits as they shall think fit and shall from times to time give notice of the respective times and places of their meetings to the end that all persons may resort to them to make such offers or Present to his Majesty as their own hearts shall prompt them to 4. Provided no Peer of this Realm shall in such Offer or Present exceed the sum of 400 li. Nor any person not being a Peer of this Realm exceed the sum of 200 li. 5. That No Commissions to be issued out by Vertue of this Act shall be of sorce as to the receiving of any moneys or Subscriptions for moneys after the 24 of June 1662. 6. It is declared that no Commissions or aids of this nature can be issued out or Leavied but by Authority of Parliament and that this Act and the supply granted shall not be drawn into example for the future Pains Penalties c. on excepted Persons Stat. 13 Car. 2. cap. 15. Reciting the Sense of the Act of Indempnity touching Pains Penalties and Forseitures to be inflicted on such as were the wicked Instruments of that Horrid and execrable Treason the Murder of King Charles the first c. It is enacted That all and every the Manours Messuages Lands Tenements Rents Reversions Remainders Possessions Rights Conditions Interests Offices Fees annuities and all other the Hereditaments Leases for years Chattels real and other things of what nature soever they be of Isaac Ewer Sir John Danvers Sir Thomas Maleverer William Puresoy John Blakiston Sir William Constable Richard Deane Francis Aleyn Peregrin Pelham John Moore John Aldred alia Alured Humphry Edwards Sir Gregory Norton John Venn Thomas Andrews Alderman Anthony Stapley Thomas Horton John Fry Thomas Hammond Sir John Bourchier all deceased William Lord Mounson James Challoner deceased Sir Henry Mildmay Sir James Harrington John Phelps Robert wallop and Sir Arthur Hazlerigge who during his life committed many horrid and traiterous crimes c. which they or any of them or any other to their or any of their uses or in trust c. had the 25 of March in the year of our Lord 1646. or at any time since shall stand and be forfeited to the King his Heirs and succeffors and shall be adjudged to be in the actual and real Possession of the King without any Office c. 2. And also that all and every the Goods Debrs other the Chattels personal whatsoever of the aforesaid persons deceased whereof they or any of them atthe time of their respective deaths or any other in trust for them or any of them stood possessed or interessed in Law or Equity and all the Goods Debrs and other the Chattells personal whatsoever of them the said William Lord Mounson Sir Henry Mildmay Sir James Harrington John Phelps and Robert Wallop whereof upon the Eleventh day of February in the year of our Lord 1659. they or any of them or any other in trust for them or any of them stood possessed