his Majesty that now is and not accompted for and discharged Iesuites Seminary and Romish Priests excepted And also excepted out of this Pardon all and every offence and offences committed or done by any Iesuit Seminary or Romish Priest whatsoever contrary to the Tenor or effect of the Statute made in the Seven and twentieth year of the Reign of the late Quéen Elizabeth Entituled An Act against Jesuits Seminaries Priests and other disobedient persons or of any part thereof and all out-lawries procéedings Iudgments and executions for the same offences or any of them Provided alwayes and be it Enacted by the authority aforesaid Writs of Cap. Utlagat may be diâ—â—â—ed against any person That it shall and may be lawfull to and for all and every Clerk and other Officer of the Courts at Westminster to award and make Writs of Capias Utlagatum at the suit of the party plaintiff against such persons out-lawed as be pardoned by this Act to the intent to compel the Defendant or Defendants to make answer to the plaintiff or plaintiffs at whose suit he or they were outlawed And that every person so out-lawed The party out-lawed may sue one a scire fac as against the Plaintiff shal sue a Writ of Scire facias against the party or parties at whose Suit he or they were so out-lawed before this pardon in that behalf shall be allowed him or them so out-lawed Provided and be it Enacted by the authority aforesaid That this Act of general pardon shall not in any wise extend to pardon any Out-lawries upon any Writ of Capias ad Satisfaciendum untill such time as the party so out-lawed shall satisfie Persons out-lawed upon capias ad satisfaciendum c. or otherwise agrée with the party at whose suit the same person was so out-lawed or condemned And also excepted out of this pardon all informations and other procéedings depending concerning any common Highwayes or Bridges and all issues returned upon any process concerning the same since the Thirtieth day of January Informations and proceedings concerning high-waies c excepted One thousand six hundred forty eight Except also all Recognizances Obligations and other securities given or entred into Since the five and twentieth of March One thousand six hundred and forty by any Receiver Réeve Bayliffe Collector or other accountant in the Court of the publick Exchequer and their sureties and their acounts respectively Provided alwayes and be it Enacted that this Act or any thing therein Contained Obligation and recognizance not yet forfeited shall not extend or be construed to Pardon or discharge any Recognizance Obligation or Bond which is not yet forfeited And be it further Enacted by the Authority aforesaid That all Acts of Hostility and Injuries All acts of hostility injuries c. between the King and his Parliament to be put in perpetual oblivion whether betwéen the late King and the Lords and Commons then in Parliament assembled or betwéen any of the People of this Nation which did arise upon any Action Attempt Assistance Counsell or Advice having Relation unto or falling out by reason of the troubles or in the late Wars or publick differences betwéen the late King and Parliament or betwéen His now Majesty or any of Subjects and which are not in this Act excepted That the same and whatsoever hath ensued thereupon whether trenching upon the Laws and Liberties of this Nation or upon the Honor of His Majesty or upon the Honor or Authority of the Parliament or to the prejudice of any particular or private Person shall in no time from and after the four and twentieth day of June in the year of our Lord one thousand six hundred and sixty be called in question whatsoever be the quality of the person or of whatsoever kind or Degrée Civil or Criminal the Inâ—ury is supposed to be And that no mention be made thereof in time to come in Iudgment or in Iudicial procéedings And to the intent and purpose that all names and terms of Distinction may be likewise put into utter Oblivion Be it further Enacted by the Authority aforesaid The penalty upon any person that shall within 3. years use any words of reproach or disgrace tending to revive the memory of the late differences That if any person or Persons within the space of Thrée years next ensuing shall presume maliciously to call or alledge of or object against any other person or persons any Name or Names or other Words of Reproach any way tending to revive the Memory of the late Differences or the Occasions thereof That then every such person so as aforesaid Offending shall forfeit and pay unto the party grieved in case such party Offending shall be of the Degrée of a Gentleman or above Ten pounds and if under that Degrée The sum of forty shillings to be recovered by the party grieved by Action of Debt to be therefore brought in any of His Majesties Courts of Record wherein no Essoin protection or Wager of Law shall be allowed or any more then one Imparlance so as the same Action be commenced or prosecuted within six Moneths next after the Offence Committed And if the Iury sworn to try any Issue or Issues that shall be joyned in such Action shall find for the plaintiff they shall likewise give to every such Plaintiff Forty shillings Damages over and above the penalty aforesaid Provided alwayes that this Act or any thing therein contained shall not Extend Persons plotting or signing the Irish Rebellion excepted or give any benefit unto any person or persons who have had any hand in the Plotting Contriving or designing the great and heinous Rebellion in Ireland mentioned in one Act passed in the Parliament begun at Westminster the third day of November in the sixtéenth year of King Charles entituled An Act for the speedy and effectual Reducing of the Rebels in His Majesties Kingdom of Ireland to their due obedience to His Majesty and Crown of England Or in Aiding Assisting or Abetting the same Other then such as by another Act intended hereafter to be passed shall be therein Named mentioned or Expressed to be pardoned nor to Enure to Restore to any person or persons bodies politick or corporate other then the Marquess of Ormond Lord Steward of his Majesties Houshold and other the Protestants of Ireland and their Heirs and such other person and persons as in and by an Act intended hereafter to be passed shall be therein Named Mentioned or Expressed in that behalf any Estate Liberties Franchises or Hereditaments in England or Ireland sold or disposed of by both or either Houses of Parliament or any Convention assuming the Stile or Name of a Parliament or any person or persons deriving authority from them or any of them or which was approved or confirmed by them or any of them Nor to the Mean Profits Rents or Contingencies of advantage of the same Every person pardoned may plead the general Issue
Kingdom of England Dominion of Wales and Town of Berwick upon Tweed by retail for above Eightéen pence the quart And that no Gascoigne or French Wines whatsoever shall be sold by Retail above eight pence the quart And that no Rhenish Wines whatsoever shall be sold by retail above Twelve pence the quart And according to these rates The Penalties for a greater and lesser quantity all and every the said Wines shall and may be sold upon pain and penalty that every such person or persons who shall utter or sell any of the said Wines by retail that is to say by Pint Quart Pottle or Gallon or any other greater or lesser Retail-measure at any rate excéeding the Rates hereby limited do and shall forfeit for every such Pint Quart Pottle Gallon or other greater or lesser quantity so sold by retail the sum of Five pounds the one moyety of which forfeiture shall be to our Soveraign Lord the King His Heirs and Successors and the other moyety to him or them that shall sue for the same to be recovered in manner and form as aforesaid Provided nevertheless The Lord Chancellor c. may set the Prises of Wines yearly or alter the same That it shall and may be lawful to and for the Lord Chancellor of England Lord Treasurer Lord President of the Kings Councel Lord Privy Seal and the two Chief Iustices or Five Four or Thrée of them And they are hereby Authorized yearly and every year betwéen the twentieth of November and the last day of December and no other times to set the Prises of all and every the said Wines to be sold by retail as aforesaid at higher or lower rates then are herein contained so that they or any of them cause the Prises by them set to be written and open Proclamation thereof to be made in the Kings Court of Chancery yearly in the Term time or else in the City Burrough or Towns Corporate where any such Wine shall be sold And that all and every the said Wines shall and may be sold by retail at such prises as by them or any Five Four or thrée of them shall be set as aforesaid from time to time for the space of one whole year to commence from the first day of February next after the setting thereof and no longer and no greater prises under the pains and penalties aforesaid to be recovered as aforesaid and afterwards And in default of such setting of prises by the said Lord Chancellor of England Lord Treasurer Lord President of the Kings Councel Lord Privy Seal and the two Chief Iustices or Five Four or Thrée of them as aforesaid at the respective Rates and Prises set by this Act and under the penalties as aforesaid to be recovered as aforesaid Stat. 13 Car. 2. cap. 7. CAP. XXVI The levying of the Twelve Moneths Assessment commencing the 24th of June 1659. and the six Moneths Assessment commencing the Twenty Fifth of December 1659. EXP. Stat. 13 Car. 2. cap. 7. CAP. XXVII Four hundred and twenty thousand pounds by an Assessment of Threescore and ten Thousand pounds by the Moneth Granted for Six Moneths for Disbanding the Remainder of the Army and paying off the Navy with Rules and Instructions for the same EXP. Stat. 13 Car. 2. cap. 7. CAP. XXVIII Further supplying and explaining certain defects in an Act Intituled An Act for the provision of money for Disbanding and paying off the Forces of this Kingdom both by Land and Sea EXP. Stat. 13 Car. 2. cap. 7. CAP. XXIX Seventy thousand pounds to be raised for the further supply of His Majesty EXP. Stat. 13 Car. 2. cap. 7. CAP. XXX The Attainder of several persons Guilty of the Horrid Murther of His late Sacred Majesty King Charles the First IN all humble manner shew unto Your most Excellent Majesty Your Majesties most dutiful and loyal Subjectts the Lords and Commons in Parliament Assembled That the Horrid and Execrable Murther of Your Majesties Royal Father The horrid murder of King Charles the first how first contrived and plotted our late most Gracious Soveraign Charles the First of ever blessed and glorious memory hath béen committed by a party of wretched men desperately wicked and hardned in their Impiety who having first plotted and contrived the ruine and destruction of this excellent Monarchy and with it of the true Reformed Protestant Religion which had béen so long protected by it and flourished under it found it necessary in order to the carrying on of their pernicious and traiterous designs to throw down all the Bullwarks and Fences of Law and to subvert the very being and constitution of Parliament that so they might at last make their way open for any further attempts upon the Sacred Person of his Maiesty himself And that for the more easy effecting thereof they did first seduce some part of the then Army into a compliance and then kept the rest in subjection to them partly for hopes of preferment and chiefly for fear of losing their imployments and arrears untill by these and other more odious arts and devices they had fully strengthened themselves both in power and faction which being done they did declare against all manner of Treaties with the person of the King even then while a Treaty by advice of both Houses of Parliament was in being Remonstrate against the Houses of Parliament for such procéedings seize upon his Royal person while the Commissioners were returned to the House of Parliament with his Answer and when his Concessions had béen Voted a ground for peace seize upon the House of Commons seclude and imprison some Members force out others and there being left but a small remnant of their own Creatures not a tenth part of the whole did séek to shelter themselves by this weak pretence under the name and Authority of a Parliament and in that name laboured to prosecute what was yet behind and unfinished of their long intended Treason and Conspiracy To this purpose they prepared an Ordinance for erecting a prodigious and unheard of Triennal which they called An High Court of Justice for Tryal of his Majesty and having easily procured it to pass in their House of Commons as it then stood moulded ventured to send it up from thence to the Péers then sitting who totally rejected it whereupon their rage and fury increasing they presume to pass it alone as an Act of the Commons and in the name of the Commons of England and having gained the pretence of Law made by a power of their own making pursue it with all possible force and cruelty until at last upon the thirtieth day of January one thousand six hundred forty and eight His Sacred Majesty was brought unto a Scaffold and there publickly Murthered before the Gates of his own Royal Palace And because by this Horrid action the Protestant Religion hath received the greatest wound and reproach and the people of England the most insupportable shame and infamy that was
owners thereof Any usage or pretence or any thing in this Act contained to the contrary thereof in any wise notwithstanding Proviso for the rates of all In land letters Provided alwayes and be it Enacted by the Authority aforesaid That all Inland Letters sent by any Pacquet Post established by this Act as aforesaid do and shall pay the rates and prices before mentioned at such Stage where they are last delivered only unless the party that delivers the Letters desireth to pay elsewhere Any thing in this Act to the contrary notwithstanding Provided alwayes That all Letters and other things may be sent or conveyed to or from the Two Vniversities in manner as heretofore hath béen used Any thing herein to the contrary notwithstanding Stat. 13 Car. 2. cap. 7. CAP. XXXVI The Master of the Rolls for the time being impowred to make Leases for years in order to new build the old Houses belonging to the Rolls Pr. St. 13 Car. 2. cap. 6. CAP. XXXVII An Act for making the Precinct of Covent-Garden Parochial PR Anno Regni Caroli II. Regis Angliae Scotiae Franciae Hiberniae Decimo Tertio AT the Parliament begun and holden at Westminster the Eight day of May Anno Dom. 1661. In the Thirteenth Year of the Reign of Our most Gracious Soveraign Lord CHARLES the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. And there continued until Tuesday the Thirtieth of July 1661. and from that day the said Parliament was adjourned unto the Twentieth of November then next following To the pleasure of Almighty God and to the Weal publick of this Realm were Enacted as followeth CAP. I. For Safety of His Majesties Person and Government against Treasonable and Seditious Practices THe Lords and Commons assembled in Parliament déeply weighing and considering the miseries and calamities of well nigh twenty years before your Majesties happy Return The grounds and Inducements of this Act. and withall reflecting upon the causes and occasions of so great and deplorable conclusions do in all humility and thankfulness acknowledg Your Majesties incomparable Grace and Goodness to your People in your Frée and General Pardon Indempnity and Oblivion by which your Majesty hath béen pleased to deliver your Subjects not only from the punishment but also from the reproach of their former miscarriages which unexampled Piety and Clemency of Your Maiesty hath enflamed the hearts of us your Subjects with an ardent desire to express all possible zeal and duty in the care and preservation of your Majesties Person in whose Honour and Happiness consists the good and welfare of your People and in preventing as much as may be all Treasonable and Seditious Practices and Attempts for the time to come And because the growth and encrease of the late Troubles and Disorders did in a very great measure procéed from a multitude of Seditious Sermons Pamphlets and Spéeches daily preached printed and published Seditious Sermons Pamphlets and Speeches with a transcendent boldness defaming the Person and Government of Your Majesty and Your Royal Father wherein men were too much encouraged and above all from a wilful mistake of the Supream and lawful Authority whilst men were forward to cry up and maintain those Orders and Ordinances Oaths and Covenants to be Acts Legal and Warrantable which in themselves had not the least colour of Law or Iustice to support them from which kind of distempers as the present age is not yet wholly fréed so posterity may be apt to relapse into them if a timely remedy be not provided We therefore the Lords and Commons in Parliament assembled having duly considered the premisses 13 El. cap. 1. and remembring that in the Thirtéenth year of the Reign of Quéen Elizabeth of ever blessed memory a right good and profitable Law was made for preservation of her Majesties Person Do most humbly beséech your most Excellent Majesty that it may be Enacted What shall be adjudged Treason during the life of the King and be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords and Commons in this present Parliament assembled and by Authority of the same That if any person or persons whatsoever after the Four and twentieth day of June in the year of our Lord One thousand six hundred sixty and one during the natural life of our most Gracious Soveraign Lord the King whom Almighty God preserve and bless with a long and prosperous Reign 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 same our Soveraign Lord the King or to deprive or depose him from the Stile Honour or Kingly name of the Imperial Crown of this Realm or of any other his Majesties Dominions or Countries or to levy War against his Majesty within this Realm or without or to move or stir any Forreiner or Strangers with Force to invade this Realm or any other his Majesties Dominions or Countries being under his Majesties Obeysance Being declared and proved by two witnesses And such compassings Imaginations 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 lawful and credible witnesses upon tryal Convicted by due course of Law or otherwise convicted or attainted by due course of Law then every such person and persons so as aforesaid offending shall be déemed declared and adjudged to be Traytors and shall suffer pains of death and also lose and forfeit as in cases of High Treason Offences during his Majesties life which disable persons to bear any Office And be it further Enacted by the Authority aforesaid That if any person or persons at any time after the Four and twentieth day of June in the year of our Lord One thousand six hundred sixty and one during his Majesties life shall maliciously and advisedly publish or affirm the King to be an Heretick or a Papist or that he endeavours to introduce Popery or shall maliciously and advisedly by writing printing preaching or other speaking express publish utter or declare any words sentences or other thing or things to incite or stir up the people to hatred or dislike of the Person of his Majesty or the established Government then every such person and persons being thereof Legally convicted shall be disabled to have or enjoy and is hereby disabled and made incapable of having holding enjoying or exercising any place office or promotion Ecclesiastical Peerage Civil or Military or any other imployment in Church or State other then that of his Péerage and shall likewise be lyable to such further and other punishments as by the Common Laws or Statutes of this Realm may be inflicted in such cases Stat. 17
Car. 1. cap. 7. The Parliament begun 3. of No. 1640. not in being Stat. 13 Car. 2. cap. 1. And to the end that no man hereafter may be misled into any seditious or unquiet demeanor out of an opinion that the Parliament begun and held at Westminster upon the third day of November in the year of Our Lord One thousand six hundred and forty is yet in being which is undoubtedly dissolved and determined and so is hereby declared and adjudged to be fully dissolved and determined or out of an opinion that there lies any obligation upon him from any Oath Covenant or Engagement whatsoever No Legislative power in either or both Houses of Parliament without the King to endeavour a change of Government either in Church or State or out of an Opinion that both Houses of Parliament or either of them have a Legislative Power without the King All which Assertions have béen seditiously maintained in some Pamphlets lately Printed and are daily promoted by the active enemies of our Peace and Happiness Be it therefore further Enacted by the Authority aforesaid That if any person or persons at any time after the Four and twentieth day of June in the year of our Lord One thousand six hundred sixty and one shall malitiously and advisedly by writing Printing Preaching or other speaking express publish utter declare or affirm That the Parliament begun at Westminster upon the Third day of November in the year of our Lord One thousand six hundred and Forty is not yet dissolved or is not determined or that it ought to be in being or hath yet any continuance or existence or that there lies any Obligation upon him or any other person from any Oath Covenant or Engagement whatsoever to endeavour a change of Government either in Church or State or that both Houses of Parliament or either House of Parliament have or hath a Legislative Power without the King Premunire or any other words to the same effect That then every such person and persons so as aforesaid offending shall incur the danger and penalty of a Premunire mentioned in a Statute made in the Sixtéenth year of the Reign of King Richard the Second The Solemn League and Covenant unlawful and illegally imposed Certain Orders and Ordinances of both or either Houses of Parliament declared void Proviso the said Orders c. may be made use of according to the Act of Indempnity Stat. 12 Car. 2. cap. 11. And it is hereby also declared That the Oath usually called the Solemn League and Covenant was in it self an unlawfull Oath and imposed upon the Subjects of this Realm against the Fundamental Laws and Liberties of this Kingdom and that all Orders and Ordinances or pretended Orders and Ordinances of both or either Houses of Parliament for imposing of Oaths Covenants or Engagements Levying of Taxes or Raising of Forces and Arms to which the Royal assent either in Person or by Commission was not expresly had or given were in their first creation and making and still are and so shall be taken to be null and void to all intents and purposes whatsoever Provided nevertheless That all and every person and persons Bodies Politick and Corporate who have béen or shall at any time hereafter be questioned for any thing acted or done by colour of any the orders or Ordinances herein before mentioned and declared to be null and voyd and are Indempnified by an Act entituled An Act of free and General Pardon Indempnity and Oblivion made in the Twelfth year of His Majesties Reign that now is or shall be Indempnified by anâ— Act of Parliament shall and may make such use of the said Orders and Ordinances for their Indempnity according to the true intent and meaning of the said Act and no other as he or they might have done if this Act had not béen made any thing in this Act contained to the contrary notwithstanding No person to be prosecuted for any offences in this Act other then Treason unless by special order from his Majesty And within six moneths after the offence committed Treasons and offences within this Act to be proved by two witnesses viva vâ—â—â— Provided alwayes That no person be prosecuted for any of the offences in this Act mentioned other then such as are made and declared to be high Treason unless it be by Order of the Kings Majesty his Heirs or Successors under his or their Sign Manual or by Order of the Council Table of his Majesty his Heirs or Successors directed unto the Attorney-General for the time being or some other of the Council learned to his Majesty his Heirs or Successors for the time being nor shall any person or persons by vertue of this present Act incur any of the penalties herein before mentioned unless he or they be prosecuted within six moneths next after the Offence committed and indicted thereupon within thrée moneths after such prosecution any thing herein contained to the contrary notwithstanding Provided alwayes and be it Enacted That no person or persons shall be indicted arraigned condemned convicted or attainted for any of the Treasons or Offences aforesaid unless the same Offender or Offenders be thereof accused by the Testimony and deposition of two lawful and credible Witnesses upon Oath which witnesses at the time of the said Offender or Offenders arraignment shall be brought in person before him or them face to face and shall openly avow and maintain upon Oath what they have to say against him or them concerning the Treason or Offences contained in the said Indictment unless the party or parties arraigned shall willingly without violence confess the same Proviso for the Priviledg at Debates in Parliament For repeal or alteration of Laws or redressing publick Grievances Provided likewise and be it Enacted That this Act or any thing therein contained shall not extend to deprive either of the Houses of Parliament or any of their Members of their just ancient Fréedom and Priviledg of debating any matters or business which shall be propounded or debated in either of the said Houses or at any Conferences or Committées of both or either of the said Houses of Parliament or touching the repeal or alteration of any old or preparing any new Laws or the redressing of any publick Grievance but that the said Members of either of the said Houses and the Assistants of the House of Péers and every of them shall have the same fréedom of spéech and all other Priviledges whatsoever as they had before the making of this Act any thing in this Act to the contrary thereof in any wise notwithstanding Provided alwayes and be it Ordained and Enacted Proviso for Peerage and Peers That no Péer of this Realm shall be tryed for any offence against this Act but by his Péers And further That every Péer who shall be convicted of any offence against this Act after such conviction be disabled during his life to sit in Parliament unless his Majesty
and twentieth of March next be prejudicial to any County City or Place within this Kingdom which are overcharged with Men and Arms beyond their ancient proportion Provided That neither this Act nor any matter or thing therein contained shall be déemed construed or taken to extend to the giving or declaring of any Power for the transporting of any the Subjects of this Realm or any way compelling them to march out of this Kingdom otherwise then by the Laws of England ought to be done Provided That no person whatsoever shall be capable of acting as a Lieutenant No person may be Lieutenant or Deputy Lieutenant that hath not taken the Oaths of Allegiance and supremacy or Deputy-Lieutenant or other Officer or Souldier by Vertue of this Act who hath not already taken the Oaths of Allegiance and Supremacy since the Return of his Majesty into England until he shall take the same according to the Laws and Statutes of this Kingdome Which Oaths the Lords of His Privy Council or any six of them are hereby impowred to administer to any Péer of this Realm who shall be Commissionated by Vertue of this Act and the Deputy-Lieutenants or any two of them in their respective Counties to any Commoner 14 Car. 2. cap. 3. 8. 15 Car. 2. cap. 4. Stat. 3. CAP. VII Publick Acts Confirmed WHereas during the late Difficulties and Exigencies of Affairs in the absence of His most Excellent Majesty and in reference to his Return from beyond the Seas into these His Majesties Dominions The Lords and Commons being assembled at Westminster the Five and twentieth day of April in the Twelfth Year of his Majesties Reign were from thence and after his Majesties Return continued until the Nine and twentieth day of December then next following and now last past and then Dissolved by his Majesty In which time several Acts were Passed by his Majesty by and with the Advice and Consent of the Lords and Commons Assembled as aforesaid which being of necessary use are fit to be Continued and Confirmed although the manner of the said Assembling enforced by the Difficulties and Exigencies aforesaid which then lay upon the Nation is not to be drawn into Example Be it therefore Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords and Commons in this present Parliament Assembled and the Authority of the same That all and singular the Acts made or mentioned to be made by His said Majesty by and with the Advice and Consent of the Lords and Commons upon or since the said Five and twentieth day of April herein after particularly mentioned and expressed That is to say One Act Entituled Stat. 12. Car. 2. cap. 11. Stat. 12. Car. 2. cap. 4. Stat. 12 Car. 2. cap. 5. Stat. 12 Car. 2. cap. 8. Stat. 12 Car. 2. cap. 9. Stat. 12 Car. 2. cap. 12. Stat. 12 Car. 2. cap. 15. Stat. 12 Car. 2. cap. 10. Stat. 12 Car. 2. cap. 19. Stat. 12 Car. 2. cap. 20. Stat 12 Car. 2. cap. 23. Stat. 12 Car. 2. cap. 24. Stat. 12 Car. 2. cap. 25. Stat. 12 Car. 2. cap. 26. Stat. 12 Car. 2. cap. 27. An Act of Free and General Pardon Indempnity and Oblivion One other Act Entituled A Subsidy granted to the King of Tunnage and Poundage and other Sums of Money payable upon Merchandize Exported and Imported One other Act Entituled An Act for continuing the Excise until the Twentieth of August One thousand six hundred and sixty One other Act Entituled An Act for Continuing the Excise till the Five and twentieth Day of December One thousand six hundred and sixty One other Act Entituled An Act for the speedy Provision of Money for Disbanding and Paying off the Forces of this Kingdom both by Land and Sea One other Act Entituled An Act for Confirmation of Judicial Proceedings One other Act Entituled An Act for the speedy Disbanding of the Army and Garrisons of this Kingdom One other Act Entituled An Act for Supplying and Explaining certain Defects in an Act Entituled An Act for the speedy Provision of Money for Disbanding and Paying off the Forces of this Kingdom both by Land and Sea One other Act Entituled An Act to prevent Frauds and Concealments of His Majesties Customs and Subsidies One other Act entituled An Act for Raising Sevenscore Thousand Pounds for the compleat Disbanding of the whole Army and Paying off some part of the Navy One other Act entituled A Grant of certain Impositions upon Beer Ale and other Liquors for the Increase of His Majesties Revenue during his Life One other Act entituled An Act for taking away the Court of Wards and Liveries and Tenures in Capite and by Knights Service and Purveyance and for Setling a Revenue upon his Majestie in lieu thereof One other Act entituled An Act for the better Ordering the Selling of Wines by Retail and for preventing Abuses in the mingling corrupting and vitiating of Wines and for setting and limiting the Prices of the same One other Act Entituled An Act for the Levying of the Arrears of the Twelve Moneths Assessment commencing the Four and Twentieth day of June One Thousand Six Hundred Fifty and Nine and the Six Moneths Assessment commencing the Five and Twentieth of December One Thousand Six Hundred Fifty and Nine One other Act entituled An Act for Granting unto the Kings Majesty Four Hundred and Twenty Thousand Pounds by an Assessment of Threescore and Ten Thousand Pounds by the Moneth for Six Moneths for Disbanding the Remainder of the Army and Paying off the Navy Stat. 12 Car. 2. cap. 28. Stat. 12 Car. 2. cap. 29. Stat. 12 Car. 2. cap. 30. Sâ—at 12 Car. 2. cap. 35. Stat. 12 Car. 2. cap. 2. One other Act entituled An Act for the further Supplying and Explaining certain Defects in an Act Entituled An Act for the speedy Provision of money for Disbanding and Paying off the Forces of this Kingdom both by Land and Sea One other Act entituled An Act for the Raising of Seventy Thousand Pounds for the further Supply of His Majesty One other Act entituled An Act for the Attainder of several Persons guilty of the Horrid Murder of his late Sacred Majesty King CHARLES the First One other Act Entituled An Act for Erecting and Establishing a Post-Office One other Act entituled An Act for putting in Execution an Ordinance mentioned in thâ—s Act and all and every the Clauses Sentences and Articles in them and every of them contained shall be and hereby are Ratified and Confirmed and Enacted and Declared to have the full Force and Strength of Acts of Parliament according to the tenor or purport thereof and so shall be adiudged déemed and taken to all Intents and Purposes whatsoever and as if the same had béen made declared and Enacted by Authority of this present Parliament CAP. VIII Necessary Carriages to be provided for His Majesty in his Royal Progress and Removals Stat. 12 Car. 2. cap. 24. WHereas by an Act made
alwayes That this Act or any thing therein contained shall not extend or be construed to extend to give unto any Arch-Bishop Bishop or any other Spiritual or Ecclesiastical Iudg Officer or other person or persons aforesaid any power or authority to exercise execute inflict or determine any Ecclesiastical Iurisdiction Censure or Coertion which they might not by Law have done before the year of our Lord 1639 nor to abridg or diminish the Kings Majesties Supremacy in Ecclesiastical Matters and Affairs nor to confirm the Canons made in the year 1640. nor any of them nor any other Ecclesiastical Laws or Canons not formerly confirmed allowed or Enacted by Parliament or by the established Laws of the Land as they stood in the year of the Lord 1639. CAP. XIII The Arrears of the Excise and New Impost vested in His Majesty BE it Declared and Enacted by the Kings most Excellent Majesty All Moneys owing upon Excise by any Laws or Ordinances vested in his Majesty by and with the advice and consent of the Lords and Commons assembled in Parliament and by the Authority thereof That all and every sum and sums of money any wayes due or owing from or by any person or persons whatsoever for or touching the Imposition or Duty called the Excise heretofore imposed and made payable upon Béer Ale or any other Commodities by any Laws or pretended Laws or Ordinances and all Debts therefore owing whether by Obligation or upon Accompt from Farmers of Excise or any other person or persons whatsoever or any of their Securities and not pardoned by his Majesties most Gratious Act of Pardon and Oblivion be and are hereby vested and setled in the Kings Majesty his Heirs and Successors and that his Sacred Majesty his Heirs and Successors may from time to time and at all times hereafter have demand sue for and recover the same of all and every person and persons their Heirs Executors and Administrators having Assets who are any way accomptable for the same or any part thereof and from his and their respective Sureties and Securities as if the same Duties of Excise had béen lawfully Assessed Imposed and Collected and as if the several pretended Acts Orders and Ordinances Assessing and Imposing the same had béen good true legal and effectual Acts of Parliament and had in express words given and granted all and every the said Duties of Excise or new Impost unto his Majesty and as if the Obligations and Recognizances entred into by the respective Sureties and Securities had at the time of entring into the same béen taken in his Majesties Name according to the form prescribed in the Statute made in the Thrée and thirtieth year of the Reign of King Henry the Eight 33 H. 8. c. 39. Provided alwayes That all and every person and persons accomptable by vertue of this Act Proviso for allowances St. 12 Car. 2. cap. 11. shall have all such due allowance in his or their accompts as all such persons whose accompts are accepted in an Act Intituled An Act of Free and General Pardon Indempnity and Oblivion have or ought to have Provided alwayes Proviso no person to be questioned unless he be such before the 25 of December 1662. All persons accomptable shall have authority to levy and recover all Arrears That no person shall be questioned or molested for any of the Duties herein or hereby vested in his Majesty unless he shall be sued or prosecuted with effect before the Five and twentieth day of December which shall be in the year of our Lord One thousand six hundred sixty two Provided also and be it Enacted by the Authority aforesaid That all persons accomptable to his Majesty by this Act shall have power and authority and are hereby enabled to sue for levy and recover from any person or persons who do stand indebted unto them in any sum of money for the Duty or Impost of Excise for which they are hereby accomptable all sums of money and Arrears unsatisfied in as full and ample manner and form as they might have received and levied the same when they first grew due CAP. XIV The Confirmation of an Act Entituled An Act for Encouraging and Increasing of Shipping and Navigation and several other Acts both Publick and Private mentioned therein WHereas during the late difficulties and exigencies of affairs in the absence of his most Excellent Majesty and in reference to his return from beyond the Seas into these his Majesties Dominions The Lords and Commons being assembled at Westminster the Five and twentieth day of April in the twelfth year of his Majesties Reign were from thence and after his Majesties return continued untill the nine and twentieth day of December then next following and now last past and then dissolved by his Majesty in which time several Acts were passed by his Majesty by and with the advice and consent of the said Lords and Commons assembled as aforesaid which being of necessary use are fit to be continued and confirmed although the manner of the said assembling enforced by the difficulties and exigencies aforesaid which then lay upon the Nation is not to be drawn into example Be it therefore Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords and Commons in this present Parliament Assembled and by the Authority of the same That all and singular the Acts made or mentioned to be made by his said Majesty by and with the advice or consent of the Lords and Commons upon or since the said Five and twentieth day of April herein after particularly mentioned and expressed that is to say One Act Entituled An Act for the encouraging and increasing of Shipping and Navigation One other Act St. 12 Car. 2. cap. 18. St. 12 Car. 2. cap. 32. St. 12 Car. 2. cap. 36. St. 12 Car. 2. cap. 34. St. 12 Car. 2. cap. 13. St. 12 Car. 2. cap. 6. Entituled An Act for Prohibiting the Exportation of Wooll Wool-fells Fullers Earth or any kind of Scouring Earth One other Act Entituled An Act Impowring the Master of the Rolls for the time being for to make Leases for years in order to new build the old Houses belonging to the Rolls One other Act Entituled An Act for prohibiting the Planting Setting or Sowing of Tobacco in England and Ireland One other Act Entituled An Act for restraining the taking of Excessive Usury One other Act Entituled An Act for the present nominating of Commissioners of Sewers One other Act Entituled An Act for the Incorporating of the Master and Wardens of the Company of Haberdashers LONDON to be Governors of the Free-School and Alms-houses in Newport in the County of Salop of the Foundation of William Adams and for Setling of Lands and Possessions on them for maintenance thereof and other charitable Uses And all and every the Clauses Sentences and Articles in them and every of them contained shall be and hereby are Ratified and Confirmed and Enacted and Declared
time or times during the space of thrée years from the Twenty fourth day of July in the year of our Lord One thousand six hundred sixty and thrée to Summon and Continue together so many of the said Trained Forces within their respective Counties and Precincts 14 Car. 2. cap. 3. and so long as they shall judge convenient in lieu of certain days appointed for Exercise and Musters by the said Act Entituled An Act for Ordering the Forces in the several Counties of this Kingdom No Troop to be kept upon duty above 14 days Provided always And be it Enacted That any Troop Company or Souldiers may be so kept upon such Duty by vertue hereof fourtéen days and no longer in any one year Commissioned Foot-Officers discharged from finding Arms. Provided always And be it Enacted That every Commissioned Foot-Officer in the Train-Bands or Militia of this Kingdom setled according to Act of Parliament shall be and is hereby exempted and excused from finding and contributing towards the finding and contributing towards the finding any Horse Horse-man or Arms or Foot-Souldier and Arms for his whole Estate if at any time it is charged but for one Horse or a less charge or for such part of his Estate as is or shall be charged with one Horse if his whole Estate be charged with a greater charge then one Horse in the County or Lieutenancy where he so serves as a Foot-Officer in respect of the expence which the said Imployment doth necessarily engage him in Any thing in the said Acts to the contrary notwithstanding The Duty of Constables in executing Warrants of the Lieutenants or Deputies Be it also Enacted and Ordained That each Constable Tything-man or other Officer of any Parish or place under the penalty for every neglect of forfeiting Forty shillings shall and do by vertue of a Warrant directed to him from the respective Lieutenants and Deputy-Lieutenants or any thrée or more of them Levy all arrears and proportions of money unpaid that were set or charged for the Raising Training and Arraying the Trained Bands and Forces actually raised and in being before the passing of the said mentioned Act by the Distress and sale of the Goods of any person or persons refusing to pay the same rendring back the overplus if any the charge of Distress and Sale being first deducted Troopers and Souldiers shall be subject to Exercise and Duty Be it also Enacted That every Trooper or Foot-Souldier at any time raised by vertue or according to the directions of this present Act shall be subject to such Exercise and Duty as others charged or raised by the said mentioned Act shal accordingly upon like pains penalties observe and kéep all the respective Orders and Directions of the said Act and of this present Act and shall suffer the same penalties for committing any of the respective crimes and offences exprest in the said Act which said pains and penalties are in the like cases to be imposed and levied in the same manner and by the same ways and means as are set down in the said Act. And whereas the fourth part of one moneths Assessment in each County A fourth part or a moneths assesment how to be disposed after the rate of Seventy thousand pounds by the moneth is by the said Act yearly appointed for furnishing Munition and other necessaries Be it Enacted and delared by the Authority aforesaid That the said respective Lieutenants and Deputies or any thrée or more of them shall from time to time have power to dispose of so much of the said fourth part to the inferiour Officers imployed in or about the said respective Forces for their pains and encouragement as to them the said Lieutenants and Deputies or any thrée or more of them shall seem expedient Provided always and be it Enacted Persons sued for matters done by this Act may plead the general issue That it shall be lawful to every person and persons that shall have any Action or Suit brought against him or them for any thing done in execution of this or the said Act to plead the General Issue and to give the special matter in Evidence and if Iudgment shall be given for the Defendant or if the Plaintiff shall become Nonsuit or discontinue his Suit then he shall recover double Costs Provided also and be it Enacted Double costs to the Defendant That no Action or Suit shall be brought against any person for any thing done in execution or by pretence of the execution of this or the said Act unless the said Action or Suit be laid in the proper County and commenced within six moneths next after such cause of Action Provided and be it further Enacted by the Authority aforesaid That one Clause contained in a certain Act Entituled An Act declaring the sole right of the Militia to be in the King 13 Car. 2. c. 6 and for the present Ordering and disposing of the same and made for the Indempnifying of all persons acting in the Militia from the four and twentieth of June One thousand six hundred and sixty to the twentieth of July One thousand six hundred sixty and one as touching the Assaulting Detaining or Imprisoning any person suspected to be a Fanatick Sectary or Disturber of the Peace Fanatick Sectaries or seizing of Arms or searching of houses for Arms or for suspected persons shall be construed to Commence and take effect and shall be good and effectual in Law for the Indempnifying of all persons whatsoever acting in the Militia of this Kingdom for any the matters aforesaid betwixt the second day of February One thousand six hundred fifty nine and the four and twentieth of June One thousand six hundred and sixty inclusive by vertue or colour of any Authority or Command whatsoever any thing in the said Act or in any other Act to the contrary thereof in any wise notwithstanding And be it further Enacted by the Authority aforesaid That the several forfeitures How the forfeitures and penalties upon this Act may be levyed Penalties and payments by this present Act Imposed Set or Directed not otherwise by this present Act provided to be Levied Sued for or Recovered shall or may in case of default be Levied or Recovered by Warrant under the hands and Seals of the respective Lieutenants and Deputy-Lieutenants or any thrée or more of them upon the Goods and Chattels of the Offender and by Sale of the same rendring the party the overplus if any be And if sufficient of the Goods and Chattels of such Offender cannot be found or had whereof to levy such forfeiture payment or penalty then the said respective Lieutenants and Deputy-Lieutenants or any thrée or more of them shall have power and are hereby authorized by like Warrant under their hands and seals to commit such Offender to Prison untill he shall make satisfaction according to the said forfeiture payment or penalty And it is further Declared and
as aforesaid shall not procéed to Election within one moneth after such vacancy then it shall be lawful to and for the respective Archbishop Bishop or Ordinary of the Diocess under his hand and Seal to Elect and nominate a discréet person of the respective Parish in such vacant room which person so to be elected and nominated after his making and subscription in manner and time aforesaid shall be and shall to all intents and purposes be reputed déemed and taken to be a Vestry-man or member of such Vestry in like manner as if he had béen chosen by the respective Electors Any Law Custom or Vsage to the contrary notwithstanding And be it Enacted by the Authority aforesaid That the respective Arch-bishop Bishop or Ordinary Vicar-General or Chancellor of the Diocess shall upon request to him made by any Vestry-man so making and subscribing the said Declaration and Acknowledgment aforesaid deliver a Certificate of his so doing for which no Fée shall be paid Provided always That nothing in this Act shall be construed to give any new power to any Select Vestry-man or to confirm any usurped power heretofore exercised by any Select Vestry-man which before the making of this Act is not Warranted by the Law of the Land Provided also The continuance of this Act. That this Act shall continue in force to the end of the first Session of the next Parliament and no longer CAP. VI. An Act for Relief of such Persons as by Sickness or other Impediment were disabled from Subscribing the Declaration in the Act of Uniformity and Explanation of part of the said Act. VVHereas by an Act of this present Parliament Entituled An Act for Uniformity of Publick Prayer and Administration of the Sacraments and other Rites and Ceremonies 14 Car. 2. c. 4. and for establishing the Form of Making Ordaining and consecrating Bishops Priests and Deacons in the Church of England It was Enacted That every Dean Canon and Prebendary of every Cathedral or Collegiate Church and all Masters and Fellows of any Colledg Hall House of Learning or Hospital and every Parson Vicar Curate and every other person in Holy Orders who upon the first day of May which should be in the year of our Lord God One thousand six hundred sixty and two or at any time thereafter should be Incumbent or have possession of any Deanry Canonry Prebendry Mastership Fellowship Parsonage Vicarage or any other Ecclesiastical Dignity or Promotion should before the Feast day of Saint Bartholomew which should be in the year of our Lord One thousand six hundred sixty and two subscribe the Declaration or acknowledgment in the said Act mentioned and expressed before their respective Archbishops Bishops Ordinaries or Vice-Chancellors of the respective Vniversities upon pain that all and every of the persons aforesaid failing in such subscription should lose and forfeit such respective Deanry Canonry Prebendry Mastership Fellowship Parsonage Vicarage Ecclesiastical Dignity or Promotion and should be utterly disabled and ipso facto deprived of the same And that every such respective Deanry Canonry Prebendry Mastership Fellowship Parsonage Vicarage Ecclesiastical Dignity or Promotion should be void as if such person so failing were naturally dead And that after such subscription made every such Parson Vicar Curate and Lecturer should procure a Certificate under the hand and Seal of the respective Archbishop Bishop or Ordinary of the Diocess and should publickly and openly read the same together with the Declaration or acknowledgment aforesaid upon some Lords-Day within thrée moneths then next following in his Parish Church where he was to officiate in the presence of the Congregation there assembled in the time of Divine-Service upon pain that every person failing therein should lose such Parsonage Vicarage or Benefice respectively and should be utterly disabled and ipso facto deprived of the same And that the said Parsonage Vicarage or Benefice should be void as if he were naturally dead And whereas divers persons of eminent Loyalty to his Majesty and of known affection to the Liturgy of the Church of England who by the said Act were required to subscribe the said Declaration or Acknowledgment at the time of the passing of the said Act were out of this Realm in Ireland or other parts beyond the Seas upon lawful and justifiable occasions and had no knowledg or notice thereof until their return into England being after the said Feast of St. Bartholomew And divers other of the said Loyal and wel-affected persons by reason of sickness imprisonment disability of body or otherwise could not or did not resort unto their respective Archbishops Bishops or Ordinaries or Vice-Chancellors of the respective Vniversities before whom such subscription was appointed by the said Act to be made All which said persons are by force of the said Act utterly disabled and ipso facto deprived of their respective Deanries Canonries Prebendries Masterships Fellowships Parsonages Vicarages or other Ecclesiastical Benefices or Promotions by reason of such their omission For remedy whereof and for the relief of such persons Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by Authority of the same That all Deans Canons Prebendaries Masters and Fellows of any Colledges Halls or other Houses of Learning and all Parsons Vicars and other Ecclesiastical persons aforesaid who at the time of the passing of the said Act being in Ireland or any the parts beyond the Seas did not return into this Kingdom before the said Feast of Saint Bartholomew One thousand six hundred sixty and two or who being in England by Imprisonment Sickness Disability of Body or otherwise did not resort unto their respective Archbishop Bishop Ordinary or Vice-Chancellor of the said respective Vniversities to subscribe the said Declaration and Acknowledgment before the said Feast in the year of our Lord aforesaid shall be and are hereby declared to be restored unto and preserved in their respective Deanries Canonries Prebendries Masterships Fellowships Parsonages Vicarages and other Ecclesiastical Benefices and Promotions whereunto no other person or persons before the first day of August in the year of our Lord One thousand six hundred sixty and thrée were or shall be lawfully Instituted Inducted Collated or placed And shall and may hold and enjoy the same according to his and their former right The aforesaid Act or any thing therein contained to the contrary notwithstanding Provided That every such Dean Canon Prebendary Master and Fellow of any Colledg Hall or House of Learning and all Parsons Vicars and Curates and other Ecclesiastical persons who are or shall by vertue of this Act be restored to or preserved in their said several and respective Promotions shall before the Feast of the Nativity of our Lord next ensuing if he be in England or if beyond the Seas within forty dayes after his return into England subscribe the said Declaration or
by colour of a pretended Act of Parliament of the nine and twentieth day of May in the year of our Lord One thousand six hundred fourty and nine procéeded in the compleating and finishing the said Works And the Commissioners appointed by that pretended Act did adjudg the same Dreyned but the same cannot be preserved without a perpetual constant care great charge and Orderly Government which being represented to the Kings most Excellent Majesty that now is He hath béen gratiously pleased to declare more then an ordinary willingness to promote and countenance a Work of so Publick Concernment and many ways advantagious to this his Kingdom To the end therefore that a work of this Nature may receive a Publick Support and Encouragement Be it Enacted by the Kings most Excellent Majesty with the Advice and Assent of the Lords Spiritual and Temporal and Commons in this Parliament Assembled and by the Authority of the same That the said William Earl of Bedford son and heir of the said Francis Earl of Bedford The Earl of Bedford and Adventurers made a Corporation for the Fens and the Adventurers and Participants of the said Earl Francis and Earl William or either of them their Heirs and Assigns in such manner as is herein contained shall be a Body Politick and Corporate in Déed and Name and have Succession for ever by the Name of the Governor Bailiffs and Commonalty of the Company of Conservators of the Great Level of the Fens which Corporation shall consist of one Governor six Bayliffs twenty Conservators and Commonalty and shall have and use a Common Seal to be appointed by themselves and assemble and meet together when where and as oft as they please and appoint a Register Receiver one or more Sergeants at Mace and other Officers and allow them Salaries and remove them and make new at their pleasure And the said William Earl of Bedford is to be the first Governor The Earl of Bedford Governour The Bayliffs Richard Lord Gorges Sir Richard Onslow Knight Sir William Terringham Knight of the Bath Samuel Sandys Thomas Chichely and Samuel Fortrey Esquires the six first Bailiffs Sir Gilbert Gerhard junior Knight William Denton William Crane Edmond Berry-Godfrey Arthur Evelin Samuel Smith Roger Jenings Robert Castle Robert Hampson Joseph Ayloffe Esquires Thomas Lord Culpepper Sir John Hewett Baronet Arthur Onslow Robert Phillips Anthony St. John Esquires Sir Oliver St. John Sir Charles Harbord Knights Francis Hoblyn Samuel Sandys junior Conservators and Robert Terringham Esquires the first Conservators And the said Governor Bayliffs and Conservators to continue until Wednesday in whitsun-Whitsun-week in the year of our Lord One thousand six hundred sixty and four and from thenceforth until new Elections by the said Corporation or the major part which shall be then present And shall be capable to sue and be sued and without License of Mortmain to purchase Mannors Lands Tenements and Hereditaments Their power and authority not excéeding two hundred pounds per annum and Goods and Chattels and to dispose thereof in the name and to the use of the said Corporation and the said Governor Bayliffs and Conservators or any five or more of them whereof the said Governor or Bailiffs or any of them to be two shall and may lay Taxes from time to time upon all the said Ninety five thousand Acres only for support maintenance and preservation of the said Great Level and levy the same with penalties for non-payment not exceeding a third part of the Tax and all other things do in order to the support maintenance and preservation of the said Great Level and Works made and to be made And whereas by the said Law of Sewers twelve thousand Acres parcel of the said ninety five thousand Acres was designed and intended to his said late Majesty and were set forth and allotted by bounds in severalty and his said late Majesty was in possession thereof and granted assigned allotted and set out by bounds two thousand Acres parcel of the said twelve thousand Acres by Letters Patents unto Jerome Earl of Portland his Heirs and Assigns Earl of Portlands 2000 Acres of which said two thousand Acres the said Earl of Portland hath sold away about One thousand five hundred Acres in several parcels to several persons their Heirs and Assigns for valuable considerations and the residue thereof being about five hundred Acres hath granted and conveyed unto his Brother Benjamin Weston Esquire and his Heirs upon several Trusts agreed upon betwéen the said Earl of Portland and Benjamin Weston by writing for that purpose Be it therefore Enacted by the Authority aforesaid That the said two thousand Acres or such other Lands of equal value as shall be set forth in Exchange of the same in case the aforementioned two thousand Acres or any part thereof shall hereafter be adjudged to have béen unduly set out shall be and hereby are vested setled and established in the said several and respective persons to whom the said Earl of Portland hath so conveyed or mentioned to convey the same their Heirs and Assigns respectively to each person his Heirs and Assigns his and their several and respective Share and Shares that was so respectively to each of them conveyed or mentioned to be conveyed by the said Earl of Portland to be held and enjoyed by them and each of them his Heirs and Assigns his and their own Share and Part only in severalty according to the intent of the said Conveyances thereof to them respectively made by the said Earl of Portland upon the same Trusts nevertheless for and concerning the said five hundred Acres granted or mentioned to be granted to the said Benjamin Weston which the said Earl of Portland and Benjamin Weston had declared and agréed upon betwéen them as aforesaid Which said two thousand Acres shall be holden of the Kings Majesty his Heirs and Successors of the Mannor of East Greenwich by Fealty only in Frée and Common Soccage and not otherwise and subject nevertheless with the the residue of the Ninety five thousand Acres in equal proportion to all Taxes and Charges necessary and conducing to the preservation of the said Great Level from Drowning The 83000. Acres setled and vested in the Governor c. And be it further Enacted by the Authority aforesaid That the Eighty three thousand Acres remainder of the said Ninety five thousand Acres with the said Ways Passages new Rivers Cutts Dreyns Banks and Forelands over and above the said ten thousand Acres residue of the said twelve thousand Acres which were allotted in severalty and of which his said late Majesty was in possession as aforesaid are hereby vested and setled in the said Governour Bailiffs and Commonalty of the Company of Conservators of the said Great Level of the Fens and their Successors In trust nevertheless for the said William Earl of Bedford and the Adventures and Participants of the said Earl Francis and Earl William or either of them
Record at Westminster And no Lease Grant or Conveyance of or charge out of or upon the said Ninety five thousand Acres or any part thereof except Leases for seven years or under in possession shall be of force but from the time it shall be entred with the said Register as aforesaid the Entry whereof being endorsed by the said Register upon such Lease Grant Conveyance or Charge shall be as good and effectual in the Law as if the Original Book of Entries were produced at any Tryal at Law or otherwise And be it further Enacted That the said Governour Bayliffs and Commonalty shall Execute Estates according to the aforesaid Trust under their Common Seal the Taxes and Penalties then in Arrear being first paid which for non-payment are by vertue of this Act to be levied by Sale of the Lands And be it further Enacted Levying of taxes and penalties That for the Levying such Taxes and Penalties as are now in Arrear or at any time since the Thirtieth day of September in the year of our Lord One thousand six hundred fifty and eight other then such as are hereby otherwise directed to be Levied or which shall be set and imposed upon the said Ninety five thousand Acres by vertue of this Act and shall be in Arrear upon the respective parts and proportions of the said Ninety five thousand Acres the said Governour Bayliffs and Conservators of the said Corporation and their Successors for the time being or any five or more of them whereof the said Governour and Bayliffs for the time being and their Successors or any of them to be two for levying such Taxes and Penalties which now are or shall be so in arrear upon the respective parts and proportions of the said Ninety five thousand Acres shall on Wednesday and Thursday in Whitsun-wéek or either of them every year at the Shire-House in Ely aforesaid in the said Isle of Ely have power only to sell so much of such parts and proportions of the said Ninety five thousand Acres upon which any Tax shall be in Arrear or penalties in such proportion as the said Governour Bailiffs and Conservators of the said Corporation or their Successors or any five or more of them whereof the said Governour and Bailiffs or any of them to be two shall judg to be sufficient to raise such Taxes and penalties by any writing under the Seal of the said Corporation and the person or persons to whom such Sales shall be made shall be a lawful Purchaser and Assignée of so much as shall be sold to all intents and purposes whatsoever Provided That by any colour of any sale for non-payment of Taxes Proviso for tenants at will or by leases any Tenant or Tenants at will or by Lease Indented upon improved Rent of any part of the said Ninety five thousand Acres shall not be removed from his or their possession until he or they shall have taken his or their Crop from off the Premisses so sold paying reasonable Rent proportionable to the time that such possession shall from and after such Sales be continued And such Tenant or Tenants as shall hold any part of the said Ninety five Thousand Acres by Lease as aforesaid shall and may if he or they shall think meet continue out their respective terms paying their Rent to such Purchaser in proportion to the quantity of Acres so purchased Any thing herein contained to the contrary in any wise notwithstanding Provided That the said Corporation nor their Successors shall not sell any part or proportion of the said Ninety five thousand Acres for any Tax or Penalty in arrear which Tax or Penalties shall not be in arrear by the space of four moneths next before the Sale nor any more Lands then only for the raising of such Taxes and Penalties Publick notice to be given of lands charged with arrears of taxes or penalties Provided also That the said Corporation shall give publick notice from time to time of the parts and proportions of the said Ninety five thousand Acres for which any Tax or Penalties is or shall be in arrear by affixing openly at the Shire-House or Market-place in Ely aforesaid a Schedule in Parchment under the Seal of the said Corporation containing such parts and proportions of the said Ninety five thousand Acres for which any Tax or Penalty is or shall be in arrear with the name and names of the respective Owner or Owners entred upon the Tax-Roll with the said Corporation of the said parts and proportions of the said Ninety five thousand Acres so in arrear And be it further Enacted That the said Corporation shall and may from time to time erect any new works within the said great Level New works may be made or without the said great Level for conveying the Waters of the said great Level by convenient Out-falls to the Sea so always that if they cut any several grounds they give full recompence and satisfaction for the same in such manner as shall be hereafter in this Act provided The penalty for throwing down any works And if any person or persons shall cut throw down or destroy any of the said Works made or to be made as aforesaid the parties offending shall answer treble damages to the said Corporation and Costs of Suit to be recovered in an Action of Trespass to be brought by the said Corporation in any of his Majesties Courts of Record And if such cutting throwing down or destroying shall be maliciously done the same shall be punished as for the cutting the Podyke in Marsh-Land The oath to be taken by the Governor Bailiffs and Conservators And be it further Enacted That the said William Earl of Bedford nominated to be Governour and every other from time to time into that Office chosen shall before he take upon him or them the exercise of that Office take an Oath That he will well and truly execute that Office in all things the which Oath shall and may be administred by the said Bailiffs or any one of them And the said Bailiffs Conservators Register Receiver or other Officer nominated as aforesaid and every other from time to time into any of the respective Offices to be chosen shall before he or they take upon him or them the exercise of the said respective Offices take the like Oath for the true executing their respective Offices the which Oath shall be administred by the said Governour Bayliffs and Conservators or any two or more of them without any Commission or further warrant The Governor Bailiffs and Conservators to be elected yearly And for the continuance of the said Corporation in Succession for ever Be it further Enacted That the said Governour Bayliffs Conservators and Commonalty upon Wednesday in Whitsun wéek yearly shall at a publick meeting to be holden for the said Corporation by the greater number then present whereof the said Governour or one of the Bailiffs to be one elect a new Governour
Bayliffs and Conservators respectively Provided That none be capable to be or continue Governour or Bayliffs That hath not four hundred Acres or more of the said Ninety five thousand Acres nor to be a Conservator that hath not two hundred Acres or more of the said Ninety five thousand Acres nor any of the Commonalty to have a voice in Elections that hath not one hundred Acres or more of the said Ninety five thousand Acres And that the said Governour Bailiffs and Conservators or any of them shall and may be removed by the said Governour Bailiffs and Conservators and Commonalty or the greater number of them present at their publick méetings whereof the said Governour or one of the Bayliffs to be one and new chosen in the place of him or them so dead or removed Accounts to be made by all Officers and Agents imployed And the said Governour Bayliffs and Commonalty also shall have further power to have demand and receive an Account from all and every the Officers Agents and Servants their Executors and Administrators heretofore imployed or hereafter to be imployed for the receiving and paying of money for or in relation to the carrying on of the Works of the Dreining of the said great Level and shall and may sue for and recover the same and that all Arrears of Rent already incurred upon or out of any part of the said Ninety five thousand Acres upon any Contract or Lease of the said Premisses or any part or parcel thereof shall be received and recovered as if the said pretended Act had béen a good and effectual Act And if any Suit be commenced against the said Corporation In Suits against any imployed by this Act the defendant may plead the general issue or any person for any matter or thing done in pursuance of this Act then he or they shall or may plead the General Issue and give the special matter in Evidence upon any Tryal to be had touching the same which shall be as good and effectual in Law as if the same had béen specially pleaded and the Iury upon the Tryal to give a Verdict accordingly Lands of persons attainted and titles under them vested in the King Provided always and be it further Enacted by the Authority aforesaid That as touching and concerning such part and parcel of the said Eighty thrée thousand Acres whereof any person or persons attainted or that shall be attainted was or were in possession at any time since the Nine and twentieth day of May in the year of our Lord One thousand six hundred fourty and nine under pretended Sales thereof respectively made by colour of the said pretended Act or under any other Title or pretended title whatsoever The Kings most Excellent Majesty his Heirs Successors and Assigns shall have the same and like benefit advantage and interest in all and every the said parts and parcels of the said Eighty thrée thousand Acres and no other then as the said persons so attainted or which shall be attainted could or ought to have by vertue of this Act in case they had not béen so attainted or shall not be attainted And whereas the Shares Lots Parts and Proportions of and in the said Ninety five thousand Acres which in pursuance of the said Indenture of Fourtéen parts and by vertue or intention of the said Act and Law of Sewers made at Lyn do belong and appertain to the said Samuel Sandys the elder or his Trustées Sir William Terringham Sir Richard Onslow and other the Assignées and Trustées of Henry late Earl of Arundel and Surrey deceased Arthur Earl of Anglesey Thomas Lord Culpeper Robert Phillips Robert Scawen and to divers other persons the Participants of the said Earl Francis and Parties of the said Indenture or their respective Heirs Executors Administrators or Assigns are now possessed and enjoyed by divers persons who took contracted for or accepted of or by such who claim and derive their interest and title from and under such persons as did take contract for or accept of pretended Estates or Conveyances of the same made or pretended to be made by certain persons mentioned in and by the said pretended Act of the Nine and Twentieth day of May One thousand six hundred fourty and nine to have Authority to sell the Shares Lots Parts and Proportions of such of the Adventurers and Participants of the said Earl Francis and of their respective Heirs and Assigns as should refuse or make default of payment of such Taxes as should by colour and in pursuance of the said pretended Act be imposed upon them respectively in respect of their Shares and Lots in or out of the said Ninety five thousand Acres Be it therefore Enacted by the Authority aforesaid That the said Governour Bayliffs and Commonalty of the said Company of Conservators of the said Great Level of the Fenns and their Successors shall Actually stand seised and possessed of all and every the Shares Lots Parts and Proportions last mentioned in trust nevertheless to and for the use and behoof of the said Samuel Sandys the Elder or his Trustées in trust for him Sir William Terringham Sir Richard Onslow and others the said Assignées and Trustées of Henry late Earl of Arundel and Surrey deceased Arthur Earl of Anglesey Thomas Lord Culpepper Robert Phillips Robert Scawen and of their respective Heirs and Assigns and to and for the respective uses and behoofs of the said other persons the Participants of the said Earl Francis and Parties to the the said Indenture of Fourtéen parts and of their respective Heirs and Assigns now out of possession of their respective Shares Lots Parts and Proportions of the said Ninety five thousand acres as heretofore in or about the Moneth of October in the Thirtéenth year of the Reign of the late King Charles of ever blessed memory were respectively allotted severed set forth or divided for or as the respective Shares Lots Parts and Proportions of such of the Adventurers the Participants of the said Earl Francis and Parties to the said Indenture of Fourtéen parts their respective Heirs Executors Administrators and Assigns from and under whom the said Samuel Sandys the Elder or his Trustées Sir William Terringham Sir Richard Onslow and others the Assignées and Trustées of Henry late Earl of Arundel and Surrey deceased Arthur Earl of Anglesey Thomas Lord Culpepper Robert Phillips Robert Scawen and the said other persons the Participants of the said Earl Francis and their respective Heirs Executors Administrators and Assigns now out of possessions of their respective Shares Lots Parts and Proportions do respectively claim and derive their said Shares Lots Parts and Proportions And the said Governour Bayliffs and Commonalty of the Company of Conservators are hereby authorized and required to execute respective Estates of the said Shares Lots Parts and Proportions accordingly subject and lyable nevertheless with the residue of the said Ninety five thousand acres in equal proportion to all taxes and charges to be laid
hold the same Lands Shares Lots parts and proportions as fully and effectually as if the said Governour Bayliffs and Conservators had executed respective Estates thereof subject nevertheless to such Decrée as the said Iudicature or Commissioners before nominated and appointed shall make touching or concerning the Premises and also subject to the payment of all Taxes to be laid and imposed by vertue of this Act and no other And whereas there are several sums of money amounting to Four thousand pounds or thereabouts in arrear for Taxes laid and imposed since the Nine and twentieth day of September 4000 l. in arrear for Taxes upon whom to be laid in the yeare of our Lord One thousand six hundred fifty and eight upon several parts of the said Ninety five thousand acres subjected by this Act to the Iudicature aforesaid and for Penalties incurred for non-payment of the same by vertue or colour of some Act or authority or pretended Act or authority Be it therefore Enacted by the authority aforesaid That the said Commissioners or Iudicatory or any two of them aforesaid shall have Power and authority and are hereby required in such adjudication as they shall make touching the Lands subjected to their Iudicature as aforesaid to Direct Order and Decrée upon what Persons or Lands the said Sums of Money so in Arrear for Taxes and Penalties as aforesaid shall be charged and the said Taxes and Penalties shall be accordingly levyed upon such Persons or Lands and in such manner and by such ways and means as shall be Directed Ordered and Decréed by the Iudicature aforesaid or any two of them And as if such Direction Order and Decree had béen particularly hereby Enacted Complaints by particular persons and Parishes And whereas particular persons and Parishes do conceive and alledge That the Dreining of one place hath Drowned and made worse the Lands in other places And whereas divers persons likewise do alledge and complain That the said Ninety five thousand acres in many places are not indifferently set out or allotted according to the Law made at Lyn in the Sixth year of the late King Charles nor according to Agréement made with the Countrey But in many places greater quantities have béen taken from the Owners Commoners and Townships then ought to have béen And that some Lands have béen taken as belonging to one Parish and County which in truth did belong to another And in many places the allotments have béen taken very inconvenient for the Townships which ought not to have béen by the said Agréement And whereas the Dreining aforesaid and future maintenance of the said Great Level ought to be without prejudice to Navigation And because all Complaints which have béen made and all prejudices which have béen or shall be done to particular Persons Parishes and Places cannot by this Act be sufficiently provided for and remedied Be it further Enacted by the Authority aforesaid That Sir John Tracy Knight Commissioners hearing the said Complaints and Differences Sir Charles Mordant Sir Nicholas L' Strange Baronets Sir William Hovel Knight Edward Pepis Humphrey Beddingfield Nicholas Stileman Esquires for the County of Norfolk Sir Nicholas Bacon Knight of the Bath Sir Lyonel Tolimach Baronet Sir John Duncombe Knight Sir Edmond Pooley Knight Sir George Reve Knight and Baronet Sir George Weneve Knight Thomas Waldegrave Esquire for the County of Suffolk Sir Dudley North Sir Thomas Wendy Knights of the Bath Levinus Bennet Esq Robert King John Pepis Doctors of the Law Thomas Crouch Francis North Esquires for the County of Cambridge Sir Thomas Sclater Baronet L' Strange Colthrop John Millecent Thomas Hall John Sotheby Esquires John Bing Esquire and William Wren Esquire for the Isle of Ely Sir Francis Compton Knight Robert Appreece Sutton Ashfield Esquires Anthony South Doctor of the Law Robert Payne Richard Nayler _____ Ferrers of Gedding Esquires for the County of Huntington Sir William Dudley Knight and Baronet Maurice Tresham Francis Kirkham Lewis Palmer Christopher Thursby Francis Lane George Tresham Esquires for the County of Northampton Sir Charles Hussey Sir John Newton Baronets Sir Thomas Meeres Sir Anthony Irby Knights Sir Anthony Oldfield Baronet Richard Brownlow Daniel Rhodes Esquires for the County of Lincoln shall be and are hereby made and constituted the present Commissioners for the purpose herein mentioned And for the supplying the number of the Commissioners of the said respective Counties in case of death or other avoidance or incapacity Be it also Enacted That within Thrée moneths after such death or Notice of such avoidance or incapacity of the remaining Commissioners of each respective County of which such Commissioners who died or became incapable were or the major part of them shall from time to time nominate and appoint by Déed under their Hands and Seals to be enrolled in Chancery some other person or persons residing within the said County of which the said Commissioners who died or became incapable The Power and Authority of the said Commissioners were to be Commissioners in the place and stead of him or them so dying or becoming incapable which said Commissioners hereby constituted or hereafter to be constituted in manner aforesaid or any seven or more of them be are and shall be hereby Authorized and Impowred from time to time to hear and determine such Complaints Controversies Differences and Grievances as are in this Act expressed relating to or concerning or occasioned by the Dreining and Maintaining the said Great Level of any Parish or Township or of any person or persons as well within or without the said Level in such manner as is herein after expressed And that the said Commissioners hereby constituted or hereafter to be constituted in manner aforesaid or any seven or more of them shall from time to time have power and authority and are hereby required at or before the Eight and twentieth day of September which shall be in the year of our Lord One thousand six hundred sixty and six to give or make satisfaction out of the said Ninety five thousand Acres to such Parish or Township Person or Persons whose Lands or Interest therein either within or without the said Level shall after the First day of May One thousand six hundred sixty and thrée be made worse in quality or condition by the aforesaid Dreining or Works then they were before the Vndertaking the Dreining of the said Level in the Sixth year of the Reign of our late King Charles of blessed memory and proportionable to the Losses the owners of or persons interessed in such Lands shall hereafter receive by reason of their Lands being made worse in Quality or Condition by any such Works and Dreining as aforesaid and shall also have power at any time within Four years from the Four and twentieth day of June in the year of our Lord One thousand six hundred sixty and thrée to alter change and restore such parts and parcels of the said Ninety five thousand Acres as
be lawful for the said Commissioners for the time being or any seven or more of them from time to time and at all times to Assess Taxes or Sums of Money upon the said Ninety five thousand Acres for the raising money for Draining the same again in such proportion as they or any seven or more of them shall think fit together with a penalty for not paying the said Taxes the said penalty not excéeding a third part of such Tax How lands may be sold for non-payment of Taxes or penalties And for default of payment of the said Taxes or Sums of money and penalties Be it Enacted That the Lot and Share of such Participant or Adventurer of and within the said Ninety five thousand Acres as shall be in arrear for the said Tax sum of money or penalty and unpaid by the space of two moneths next after the day appointed for payment by the said Commissioners or any seven or more of them or so much thereof as they shall think fit shall be Sequestred by the said Commissioners or any seven or more of them for or towards the payment of such Tax sum of money or penalty so in arrear restoring the overplus of the money for which such Lot or Share or any part thereof shall be Sequestred if any be Which Sequestration shall be made in writing under the hands and seals of the said Commissioners for the time being or any seven or more of them Provided always and be it Enacted by the Authority aforesaid That in case the said Governor Bayliffs and Corporation constituted by this Act shall neglect or refuse to pay such Tax or Taxes and penalties sum or sums of money as shall from time to time hereafter be taxed and imposed by the said Commissioners before named or to be named by vertue of this Act or any seven or more of them pursuant to the Powers given them by this Act whereupon the Goods and Chattels of any person or persons his or their Tenant or Tenants of and in the said Ninety five thousand acres or any part thereof shall be distrained or sold or his or their Lands Sequestred for the payment thereof or that such person or persons his or their Tenant or Tenants shall thereupon pay the said Tax and Taxes and penalties so assessed and imposed as aforesaid That then the said Governour Bayliffs and Corporation immediately from and after notice to him or them given thereof shall Assess and Tax the whole Ninety five thousand Acres for the satisfaction and payment of the Tax Taxes and penalties sum and sums of money and all damages that such person or persons his or their Tenant or Tenants hath or have paid born or sustained as aforesaid And be it further Enacted by the Authority aforesaid That if the said Governour Bayliffs and Corporation shall not within six moneths next after demand made by such person or persons his and their Heirs Executors and Administrators whose own or Tenant or Tenants Goods and Chattels shall be distrained or sold or Lands sequestred as aforesaid pay and satisfie unto him or them such sum and sums of money and damages as he or they and his and their respective Tenant or Tenants have respectively paid born and sustained That then and from thenceforth such person and persons his and their Heirs and Assigns shall and may bring his and their Action or Actions of Debt in any of the Kings Majesties Courts at Westminster against the said Governour Bayliffs and Corporation for the recovery thereof and by vertue of this Act shall recover the same and be allowed Costs of Suit expended therein And be it further Enacted by the Authority aforesaid That the Commissioners so constituted or to be hereafter constituted as aforesaid or any seven or more of them for the better execution of the Powers hereby given shall may inform themselves by examining Witnesses upon Oath which hereby they or any seven or more of them shall have power to administer due execution of all every or any the Powers or Authorities hereby given them for the doing Iustice therein accordingly The Commissioners to take an Oath Provided always That the said Commiâ—â—ioners and every of them before he or they take upon him or them the execution of any the Powers or Authorities hereby given them other then the administring the Oath following to one another which they shall have authority by this present Act to administer to one another shall take the Oath following viz. I A. B. shall and will without favour or affection hatred or malice truly and impartially according to the best of my skill and knowledg execute and perform all and every the Powers and Authorities established by this Act of Parliament Which Oath any one of the said Commissioners are hereby authorized to administer And be it further Enacted by the Authority aforesaid That all Iudgments Orders Decrées Determinations Alterations Changes Restaurations and other Acts done by the said Commissioners hereby constituted or hereafter to be constituted as aforesaid or of any seven or more of them respectively pursuant to the Powers and Authorities by this Act given shall be final And that the first time and place of their Méeting shall be at or before the Two and twentieth day of September in the year of our Lord One thousand six hundred sixty and thrée at Ely And that afterwards the usual places where the said Commissioners shall sit to Hear Order The Places where the Commissioners shall sit and Determine the Matters to them referred by this Act shall from the 29th of September to the 26th day of March in every year be at the Town of Huntington and from the 25th day of March till the 30th day of September in every year be at Ely unless the said Commissioners hereby constituted or hereafter to be constituted as aforesaid or any seven or more of them shall appoint some other place or places being a Market Town or Towns And the said Commissioners or any seven or more of them shall by Warrant under their hands and seals declare the places and times of their after-méeting which Warrant shall be published in the open Market of such respective places where they last sate betwéen the hours of Twelve Two upon some Market day one moneth at the least before the said time or times of méeting To the end all persons concerned may have sufficient time and notice to make their appearance before them upon any cause of complaint or other occasion And shall have power and authority by Warrant under the hands and seals of any seven or more of them to summon Parties and Witnesses to appear before them Provided That none of the said Commissioners hereby constituted or hereafter to be constituted as aforesaid shall Vote or give his Iudgment or Determination in any matter or thing which concerns the Division and Bounds of the County of or for which he is appointed Commissioner Provided also That no person who
Annuntiation of the blessed Virgin Mary by even and equal portions an exact and just Account of the numbers of all which Fire-Hearths and Stoves is thereby Enacted to be taken and returned into his Majesties Court of Exchequer And the Moneys and Revenues due and payable for the same to be collected levied and paid to his Majesty by such persons and Officers in manner and form as by the said Acts is prescribed Nevertheless by reason of some defects in the said Act and great negligence of the said Officers and other persons in not returning the exact numbers of the said Fire-Hearths and Stoves and not duly Collecting Levying and paying into his Masties Exchequer the full Revenue due for the numbers returned at the times appointed and by sundry fraudulent practises to elude the said Acts the said Revenue is much diminished and not duly answered For remedy thereof and for the better ascertaining and collecting the said Revenue for the future Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled and by Authority of the same That it shall and may be lawful to and for the Kings Majesty his Heirs and Successors from and after the Four and twentieth day of June One thousand six hundred sixty four from time to time by and with the Advice of the Lord High Treasurer Chancellour Vnder-Treasurer and Barons of the Court of Exchequer for the time being or any thrée of them whereof the Lord High Treasurer or Chancellor of the Exchequer to be one to constitute and appoint such person or persons as his Majesty his Heirs and Successors shall think méet to be the Officer or Officers for the receiving and collecting and answering the duty arising by the said Fire-Hearths and Stoves by vertue of the said several Acts and for viewing and numbring of the several Chimney-hearths and Stoves mentioned in the said Acts and for the inspecting and examining the several Rolls Certificates and Returns thereof made and to be made from time to time into his Majesties Court of Exchequer in pursuance of the said Acts or any other thing belonging to the same which Officers or any of them shall have full power to examine and supervise the Rolls and Numbers of Fire-hearths and Stoves already returned into the said Court of Exchequer And being accompanied with the Constable or the Tithing-man Treasurer Vnder-Treasurer or other publick or proper Officer of the place who are hereby required to attend and assist upon this occasion and in all Parishes and places where there are no Constables Tithingmen or other publick Officer as aforesaid there without any such Assistance to enter in the day time into any dwelling or other House Edifice Lodgings and Chambers aforesaid And to search and examine whether there be any more Fire-hearths and Stoves in the same then were formerly returned or certified and what Fire-hearths or Stoves are increased or decreased since the former Certificate After which search and examination the said Officer with a Constable or Tythingman or Officers as aforesaid shall have liberty to make the like search and examination once every year And if they shall find any variance in the number returned both the Officer or Officers appointed by his Majesty and the Constable or Tythingman or other Officer as aforesaid to certifie the same under his and their hands to the Clerk of the Peace which Certificate they are hereby enjoyned to make And after approbation thereof by the Iustices of the Peace at their Sessions the same to be certified to his Majesties Remembrancer in the Exchequer and the Officer or Officers so appointed by his Majesty unto the same shall from and after the said Four and twentieth day of June One thousand six hundred sixty four have power to collect and levy the Revenue and Duties so given to his Majesty as aforesaid and all arrears of the same And be it further Enacted That the said Duty shall from time to time be paid after the Feast days of Saint Michael the Arch-Angel and the Annuntiation of the Virgin Mary yearly unto such Officer as shall be appointed by vertue of this present Act to receive the same upon demand thereof made by such Officer or his Deputy at the House Chamber or place where the same Duty shall arise or grow due And that in case of refusal or default of such payment thereof by the space of one hour after such demand the said Officer or his Deputy may at any time with the assistance of a Constable Tythingman or other Officer as aforesaid in the day time levy the said Duty and all the Arrearages thereof by distress and sale of the goods of the party or parties so refusing or making default restoring to the party or parties the over-plus of the value of such goods over and above the Duty and Arrearages thereof then behind and over and above the necessary charges of taking such Distress which Charges shall in no case excéed the one moyety of the Duty and Arrearages thereof so levied Provided always and be it Enacted That no Owners Proprietors or Occupiers of the said Fire-hearths or Stoves shall be charged distrained or molested for the said Duty or any Arrearages thereof at any time after the space of two years next after the Duty hereafter shall become due to his Majesty his Heirs or Successors Nor for any arrearages of the said Duty already incurred after the space of two years from the Four and twentieth day of June One thousand six hundred sixty and four And in case of violent opposition or injury done by any person or persons to any such Officer or his Deputy in the due execution of this Act and the same proved by Oath before any one Iustice of the Peace or Chief Magistrate or Magistrates of the City Town or place dwelling near unto the place who are hereby authorized to administer the said Oath It shall and may be lawful to and for such Iustice of the Peaee Magistrate or Magistrates to punish such offender or offenders if he shall find cause by Imprisonment in the common Goal for any time not excéeding the space of one moneth And from and after the said Four and twentieth day of June One thousand six hundred sixty four all Officers formerly appointed to collect the said Duty shall be discharged from the future collecting and levying the same otherwise then as they are directed by this Act And the said Officer and Officers so appointed by his Majesty to collect this Duty shall pay the same into his Majesties Exchequer to the ends in the said former Acts mentioned Provided That no person or persons shall be employed as aforesaid unless he and they shall first give in sufficient Security to his Majesty his Heirs and Successors for the due collecting levying and paying in of the said Revenue or such part thereof as shall be committed to their respective
Trusts and shall likewise take a Corporal Oath before one or more of the Barons of the Exchequer or before such persons as shall be authorised to take such Security and Oath by Commission from the said Court of Exchequer for the due and faithful execution thereof according to the Laws Enacted to that purpose And that they shall not exact or demand any Fée or sum of money for execution thereof from any Subject but onely from the Kings Majesty under pain of being disabled to execute the said Office or Imployment And upon legal Conviction of any such Crime to render treble damage to the party grieved And shall sign and deliver Acquittances for moneys by them received without any Fée or Reward whatsoever And every such Acquittance shall be a final Discharge as in the said first Act is provided And be it further Enacted by the Authority aforesaid That if any person occupying any Hearth or Stove chargeable to his Majesty shall leave or relinquish any House Edifice Lodging or Chamber before any of the half-yearly Feasts whereon the same is appointed to be paid to his Majesty his Heirs and Successors In every such case the next Occupier thereof shall be chargeable with the same for the said half year And if any person shall fraudulently stop up deface cover or conceal any Chimney-Hearth or Stove chargeable by the said Act and the same be proved either by confession of the party or upon Oath before one Iustice of Peace or chief Magistrate or by their view he shall for such offence pay double the value of the Duty for the same to be levied as aforesaid And be it likewise Enacted That if any person within one year last past hath or hereafter shall let the Lands Gardens Orchards or Out-houses formerly belonging to any Dwelling-house or Cottage apart from the same or shall divide any house into several dwellings or let out the same to any such persons who by reason of their poverty may pretend to be exempted from payment of the said Duty by any Clause or Clauses in the former Acts That in every such case such person shall pay the said Duty in as ample manner as they ought to have done before that time And that no person or persons inhabiting any Dwelling-house not being an Alms-house exempted by the former Act within any City Burrough Corporation Market-Town or Parish which hath or shall have in it more than two Chimneys Fire-hearths or Stoves shall be exempted from payment of the Duties thereon imposed by colour of any exemption or pretext whatsoever And if any question or difference shall arise about the taking any Distress or levying any money by vertue of this Act the same shall be heard and finally determined by one or more of the Iustices of the Peace near adjoyning or chief Magistrate of the place respectively upon complaint in that behalf And be it further Enacted That every Collector who shall be authorised and appointed by vertue of this Act to receive any of the said Duties shall truly answer and pay all such moneys as he shall receive for the said Duties into his Majesties Receipt of Exchequer half-yearly within Thrée moneths after the Feast of Saint Michael the Arch-Angel or the Annunciation of the blessed Virgin Mary happening next after the time the same moneys grew due to his Majesty by vertue of the said Acts and under the penalty of the loss of his Office And the Iustices of Peace and chief Magistrates Constables and other his Majesties Officers within their several Limits and Iurisdictions are hereby authorised and required to give assistance from time to time to such Officers as shall be appointed by his Majesty his Heirs and Successors for the collecting of the said Duty according to the true meaning of the said former Acts and this present Act. Provided That no person or persons shall be questioned for any arrears due on or before our Lady day One thousand six hundred sixty four who shall produce to the Collector a Certificate approved or to be approved of by the two next Iustices of Peace for their exemption from the said Duty for that time according to the Rules prescribed in the said first recited Act nor any person who hath truly paid the said Duty and shall if it be required make proof thereof before any one Iustice of Peace or other chief Magistrate of the place Any thing therein contained or any Return made into his Majesties Exchequer to the contrary thereof in any wise notwithstanding Provided also and be it Enacted by the Authority aforesaid That all and every such Officer or Officers as shall be at any time appointed by his Majesty his Heirs and Successors for the collecting gathering and receiving of the several sums of money now or hereafter to grow due unto his Majesty his Heirs and Successors for or in respect of the said Duty arising upon the Fire-hearths and Stoves shall satisfie and pay unto the respective Petty-Constables and Clerks of the Peace of this Kingdom all such allowances as are by any former Act or Acts given and allowed unto them as well for their pains and labour heretofore as hereafter to be taken by them as in and by the former Acts concerning Fire-hearths and Stoves are limited and appointed Any thing in this Act to the contrary notwithstanding CAP. IV. Seditious Conventicles suppressed WHereas an Act made in the Five and thirtieth year of the Reign of our late Soveraign Lady Quéen Elizabeth entituled An Act to retain the Queens Majesties Subjects in their due Obedience 35 El. cap. 1. declared to be in force hath not béen put in due Execution by reason of some doubt of late made whether the said Act be still in force although it be very clear and evident And it is hereby Declared That the said Act is still in force and ought to be put in due execution For providing therefore of further and more spéedy remedies against the growing and dangerous practises of Seditious Sectaries Further remedy against Seditious Sectaries and other disloyal persons who under pretence of Tender Consciences do at their Méetings contrive Insurrections as late Experience hath shewed Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same That if any person of the age of Sixtéen years or upwards being a Subject of this Realm at any time after the first day of July which shall be in the year of our Lord One thousand six hundred sixty and four shall be present at any Assembly Conventicle or Méeting Vnlawful Conventicles and Meetings under pretence of exercise of Religion forbidden under colour or pretence of any exercise of Religion in other manner then is allowed by the Liturgy or practice of the Church of England in any place within the Kingdom of England Dominion of Wales and Town of Berwick
Major part of the Adventurers or Owners then present shall judge reasonable not excéeding the value of Two per cent of the Ship and Goods so defended according to the first cost of the Goods to be made appear by the Envoyce which the Owner or his Factor or Correspondent is hereby required to produce or by the Oath of the said Owner Factor or Correspondent if thereunto required which money so raised shall be paid unto the Register of the said Court who shall receive for the same Thrée pence in each pound and no more thence to be distributed amongst the Captain Master Officers and Seamen of the said Ship or Widows and Children of the slain according to the direction of the Iudge of the said Court with the approbation of Thrée or more of the Owners or Adventurers aforesaid who shall proportion the same according to their best Iudgements unto the Ships Company as aforesaid having especial regard unto the Widows and Children of such as shall have béen slain in that Service and to such as shall have béen wounded or maimed And in case the Company belonging to any English Merchant-ship shall happen to take any ship Ships which 〈◊〉 oâ— taken 〈◊〉 English which ship shall first have assaulted them the respective Officers and Mariners belonging to the same shall after Condemnation of such ship and Goods have and receive to their own proper use and benefit such part and share thereof as is usually practised in Private men of War â—mary And whereas it often happeneth that Masters and Mariners of ships having ensured or taken upon Botomary greater sums of money then the value of their Adventure do wilfully cast away burn or otherwise destroy the ships under their charge to Merchants and Owners great loss For the prevention thereof for the future Be it Enacted by the Authority aforesaid That if any Captain Master Mariner or other Officer belonging to any ship shall wilfully cast away burn or otherwise destroy the ship unto which he belongeth or procure the same to be done he shall suffer death as a Felon The continuance of this Act. Provided that this Act shall continue for Thrée years and from thence to the end of the next Session of Parliament and no longer CAP. VII Deceitful disorderly and excessive Gaming prevented The inconvenience of immoderate and unlawful use of gaming WHereas all Lawful Games and Exercises should not be otherwise used then as Innocent and Moderate Recreations and not as constant Trades or Callings to gain a Living or make unlawful Advantage thereby And whereas by the immoderate use of them many mischiefs and inconveniences do arise and are daily found to the maintaining and encouraging of sundry idle loose and disorderly persons in their dishonest lewd and dissolute course of life And to the circumventing deceiving cousening and debauching of many of the younger sort both of the Nobility and Gentry and others to the loss of their pretious time and the utter ruine of their Estates and Fortunes and withdrawing them from Noble and Laudable Imployments and Exercises 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 the Authority of the same That if any person or persons of any Degrée or Quality whatsoever at any time or times after the Nine and twentieth day of September which shall be in the year of our Lord God One thousand six hundred sixty and four do or shall by any fraud shift cousenage circumvention deceit or unlawful device or ill practice whatsoever Deceits and Cosenages in Gaming in playing at or with Cards Dice Tables Tennis Bowls Kittles Shovelboard or in or by Cock-fightings Horse-races Dog-matches or Foot-races or other Pastimes Game or Games whatsoever or in or by bearing a share or part in the Stakes Wagers or Adventures or in or by betting on the Sides or Hands of such as do or shall Play Act Ride or Run as aforesaid win obtain or acquire to him or themselves or to any other or others any sum or sums of money or other valuable thing or things whatsoever The penalty That then every person and persons so offending as aforesaid shall ipso facto forfeit and lose treble the sum or value of money or other thing or things so won gained obtained or acquired The one moyety thereof to our Soveraign Lord the King his Heirs and Successors and the other moyety thereof unto the person or persons grieved or who shall lose the money or other thing or things so gained so as every such loser and person grieved in that behalf do or shall prosecute and sue for the same within six Kalender Moneths next after such Play And in default of such prosecution the same other moyety to such person or persons as shall or will prosecute or sue for the same within one year next after the said six moneths expired And that the said Forfeitures shall or may be sued for or recovered by Action of Debt How to be sued for and recovered Bill Plaint or Information in any of his Majesties Courts at Westminster wherein no Essoign Protection or Wager of Law shall be allowed And that all and every such Plaintiff or Plaintiffs Informer or Informers shall in every such Suit and Prosecution have and recover his and their treble Costs against the person offending and forfeiting as aforesaid Any Law Statute Custom or Vsage to the contrary in any wise notwithstanding And for the better avoiding and preventing of all excessive and immoderate Playing and Gaming for the time to come Be it further Ordained and Enacted by the Authority aforesaid Prevention of excessive and immoderate gaming That if any person or persons shall at any time or times after the Nine and twentieth day of September aforesaid play at any of the said Games or any other Pastime Game or Games whatsoever other then with and for ready money or shall Bett on the Sides or hands of such as do or shall play thereat and shall lose any sum or sums of money or other thing or things so plaid for excéeding the sum of One hundred pounds at any one time or méeting upon Ticket or Credit or otherwise and shall not pay down the same at the time when he or they shall so lose the same The party and parties who loseth or shall lose the said moneys or other thing or things so played or to be played for above the said sum of One hundred pounds shall not in that case be bound or compellable to pay or make good the same but the Contract and Contracts for the same and for every part thereof and all and singular Iudgments Statutes Recognizances Mortgages Conveyances Assurances Bonds Bills Specialties Promises Covenants Agréements and other Acts Déeds and Securities whatsoever which shall be obtained made given acknowledged or entred into for security or satisfaction of
to such Hundred Division Constablewick Parish or place respectively and to every person charged within the said Sub-collectors or Head-collectors charge against His Majesty His Heirs and Successors for the sum or sums of money so acquitted Lands and houses that lie unoccupied Provided alwayes and be it further Enacted That in case any Lands or Houses in any Parish Place or Constablewick shall lie unoccupied and no distresses can be found on the same by reason whereof the said Parish Place or Constablewick are forced to pay and make good the Tax assessed upon such Lands lying unoccupied That then it shall and may be lawful at any time after for the Collectors Constable or Tythingman of the said Parish Place or Constablewick for the time being to enter and distrain upon the said Lands and Houses when there shall be any distress thereupon to be found And the distress and distresses being the proper goods of the Owner or any claiming any Estate interest or profit under him if not redeemed within four days by payment of the Tax and charge of the distress to sell rendring the Overplus to the Owner or Owners of such distresse And the said Collector Constable or Tythingman is hereby enjoyned to distribute the money raised by the said Distresse or Sale thereof proportionably to the Parties who contributed to the Tax of the said unoccupied Lands Woodlands Provided alwayes and be it Enacted That where any Wood-lands shall be assessed and no Distress can be had that in such case it shall and may be lawful to and for any Sub-collector Constable Head-borough or Tythingman by Warrant under the Hands and Seals of two or more of the Commissioners in that Hundred or Division at seasonable time of the year to cut and sell to any person or persons so much of the Wood growing on the said Woodlands so assessed as will pay the Assessment or Assessments so behind and unpaid and the charge incident thereunto And that it shall and may be lawful for the person and persons and his Assigns to whom such Wood shall be so sold to sell cut down dispose and carry away the same to his own use rendring the overplus if any be to the Owner Any Law to the contrary notwithstanding Tythes Tolls Markets Fairs Fisheries c. Provided alwayes and be it further Enacted That where any Tax or Assessment shall be charged or laid upon any Tythes Tolls Profits of Markets Fairs or Fishery or other annual profits not distrainable in case the same shall not be paid within fiftéen dayes after such Assessment so charged or laid and demanded then it shall be lawful to and for the Sub-collector Constable or other Officer thereunto appointed by Warrant under the Hands and Seals of any two or more of the Commissioners authorised by this Act to seize take and sell so much of the said Tythes Tolls and other Profits so charged as shall be sufficient for the levying of the said Tax and Assessment and all charges occasioned by such non-payment thereof rendring the overplus to the Owner if any be Middlesex Westminster And whereas the County of Middlesex and City of VVestminster are raised in the Monethly Assessment by reason of the new Buildings lately erected And that Offices are made chargeable towards the payment of such Assessment To the end that an equal rate may be made and imposed upon the severall Divisions Parishes and Hamlets within the said County and City Be it Enacted by this present Parliament and by the Authority thereof That the said Commissioners appointed for the said County and City of VVestminster or any three of them shall if they shall think it fit cause two or three of the honest and able Inhabitants in the several and respective Parishes Townships and Places within the said County and City to be named and appointed Assessors who or any two of them are to ascertain and rate the yearly value and profits of all Offices belonging to the Courts of VVestminster and other Offices chargeable by this Act towards the payment of the said sum set upon the said County and City And all Townships Parishes and Places for which they be appointed Assessors and to return the same to the said Commissioners or to such person or persons as shall be appointed to receive the same which said Assessors are to deliver in their several Surveys perfected and subscribed by them unto the said Commissioners or to such person or persons as shall be appointed by them or any thrée of them to receive the same two or three dayes at the least before the second General meeting of the said Commissioners to the end that the said Commissioners may deliver in all the several Surveys to be made throughout the said County at the said second General meeting At which said Generall meeting the said Commissioners or the major part of them then present shall upon view and perusal of the said several Surveys cast up the true Revenue and yearly Profits of the whole County City and Offices aforesaid to the end that an equal Pound-rate may be apportioned upon every Office chargeable by this Act Division Hundred Township and Parish according to the proportion and sum of money charged upon the said County and City by vertue of this present Act which the said Commissioners or the major part of them then and there assembled are by vertue of this Act authorised and appointed to proportion and make accordingly Provided always That nothing herein contained shall be drawn into example Proviso to the prejudice of the ancient Rights belonging unto the Lords Spiritual and Temporal or Clergy of this Realm or unto either of the Vniversities or unto any Colledges Schools Alms-houses Hospitals or Cinque-Ports CAP. II. The Measures and Prices of Coals regulated FOr avoiding the manifold deceits Deceâ—ts and â—xations in selling of Coals exactions and abuses used in the Measures and Sales of Coales and for preventing the like and the better regulation thereof for the time to come Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled and by the Authority of the same That from and after the Sixth day of March in the year of our Lord One thousand six hundred â—â—xty four all sorts of Coal commonly called Sea-Coals brought into the River of Thames and sold shall be sold by the Chaldron Sea coal measure containing Thirty six Bushels heap'd up and according to the Bushel Seal'd for that purpose at Guildhall in London and so for a greater or lesser quantity And that all other sorts of Coals coming from Scotland and other places commonly sold by Weight and not by Measure Coals from Scotland shall be sold by Weight after the proportion of a hundred and twelve pound to the hundred of Avoir dupois weight without any fallacy or deceit upon pain of Forfeiture of all
for the Establishing the Form of Making â—4 Car. 2. 〈◊〉 4 Ordaining and Consecrating of Bishops Priests and Deacons in the Church of England according to the said Act or any other subsequent Act. And whereas they or some of them and divers other person and persons not Ordained according to the Form of the Church of England and as have since the Act of Oblivion taken upon them to Preach in unlawful Assemblies Conventicles or Méetings under colour or pretence of Exercise of Religion contrary to the Laws and Statutes of this Kingdom have setled themselves in divers Corporations in England sometimes Thrée or more of them in a place thereby taking an opportunity to distill the poysonous Principles of Schism and Rebellion into the hearts of His Majesties Subjects to the great danger of the Church and Kingdom 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 Persons restrained from Inhabiting in Corporations and by the Authority of the same That the said Parsons Vicars Curates Lecturers and other persons in holy Orders or pretended holy Orders or pretending to holy Orders and all Stipendaries and other persons who have béen possessed of any Ecclesiastical or Spiritual Promotion and every of them who have not declared their unfeigned assent and consent as aforesaid and subscribed the Declaration aforesaid and shall not take and subscribe the Oath following The Oath I A. B. Do Swear That it is not lawful upon any pretence whatsoever to take Arms against the King and that I do abhor that Traiterous Position of taking Arms by His Authority against His Person or against those that are Commissionated by him in pursuance of such Commissions And that I will not at any time endeavour any Alteration of Government either in Church or State And all such person and persons as shall take upon them to Preach in any unlawful Assembly Conventicle or Méeting under colour or pretence of any Exercise of Religion contrary to the Laws and Statutes of this Kingdom shall not at any time from and after the Four and twentieth day of March which shall be in this present year of our Lord God One thousand six hundred sixty and five unless onely in passing upon the Road come or be within Five miles of any City or Town Corporate or Burrough that sends Burgesses to the Parliament within His Majesties Kingdom of England Principality of Wales or of the Town of Berwick upon Tweed or within Five miles of any Parish Town or place wherein he or they have since the Act of Oblivion béen Parson Vicar Curate Stipendary or Lecturer or taken upon them to Preach in any unlawful Assembly Conventicle or Méeting under colour or pretence of any Exercise of Religion contrary to the Laws and Statutes of this Kingdom before he or they have taken and subscribed the Oath aforesaid before the Iustices of the Peace at their Quarter-Sessions to be holden for the County Riding or Division next unto the said Corporation City or Burrough Parish place or Town in open Court which said Oath the said Iustices are hereby Impowred there to Administer upon forfeiture for every such offence the sum of Fourty pounds of lawful English money The Penalty the one Third part thereof to His Majesty and his Successors the other Third part to the use of the poor of the Parish where the offence shall be committed and the other third part thereof to such person or persons as shall or will sue for the same by Action of Debt Plaint Bill or Information in any Court of Record at Westminster or before any Iustices of Assize Oyer and Terminer or Gaol-Delivery or before any Iustices of the Counties Palatine of Chester Lancaster or Durham or the Iustices of the great Sessions in Wales or before any Iustices of Peace in their Quarter-Sessions wherein no Essoign Protection or Wager of Law shall be allowed Provided always and be it further Enacted by the Authority aforesaid That it shall not be lawful for any person or persons restrained from coming to any City Town Corporate Burrough Parish Town or place as aforesaid or for any other person or persons as shall not first take and subscribe the said Oath and as shall not frequent Divine Service established by the Laws of this Kingdom and carry him or her self reverently decently and orderly there to Teach any publique or private-School or take any Boarders or Tablers that are Taught or Instructed by him or her self or any other upon pain for every such offence to forfeit the sum of Forty pounds to be recovered and distributed as aforesaid Provided also and be it further Enacted by the Authority aforesaid That it shall be lawful for any Two Iustices of the Peace of the respective County upon Oath to them of any offence against this Act which Oath they are hereby Impowred to Administer to Commit the Offender for Six moneths without Bail or Mainprise unless upon or before such Commitment he shall before the said Iustices of the Peace Swear and Subscribe the aforesaid Oath and Declaration Provided always That if any person intended to be Restrained by vertue of this Act shall without fraud or covin be Served with any Writ Subpoena Warrant or other Process whereby his personal appearance is required his obedience to such Writ Subpoena or Process shall not be construed an offence against this Act. CAP. III. For Uniting Churches in Cities and Towns Corporate FOrasmuch as the setled Provision for Ministers in most Cities and Towns Corporate within this Realm is not sufficient for the Maintenance of able Ministers fit for such places whereby Mean and Stipendary Preachers are entertained to serve the Cures there who wholly depending for their Maintenance upon the good will and liking of their Auditors have béen and are hereby under temptation of too much complying and suiting their Doctrine and Teaching to the humour rather then good of their Auditors which hath béen a great occasion of Faction and Schism and of the contempt of the Ministry The Lords and Commons in Parliament Assembled being deeply sensible of the ill consequence thereof and piously desiring able Ministers in such places and a competent setled Maintenance for them by the Vnion of Churches which is also become necessary by reason of the great Ruine of many Churches and Parishes in the late ill times and otherwise Do therefore most humbly beséech Your most Excellent Majesty That it may be Enacted and be it Enacted by the Kings most Excellent Majesty In what Cities and Towns and how Churches and Chappels may be united by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by the Authority of the same That in every City or Town Corporate and their Liberties within the Kingdom of England and Dominion of Wales which
Continued BE it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled That an Act made in the Fourtéenth year of the Reign of Our Soveraign Lord the King that now is 14 Car. 2. cap. 23. Entituled An Act for preventing Abuses in Printing Seditious Treasonable and Unlicensed Books and Pamphlets and for Regulating of Printing and Printing Presses shall be continued with the Alterations and Additions made in and by this Act and shall remain in force until the end of the First Session of the next Parliament And be it further Enacted That from and after the Six and twentieth day of December One thousand six hundred sixty five Three printed Copies of every Book in London how to be disposed Every Printer within the City of London or in any other place except the Two Vniversities shall reserve Thrée Printed Copies of the best and largest Paper of every Book new Printed or reprinted by him with Additions and shall before any publick Vending of the said Book bring them to the Master of the Company of Stationers and deliver them to him One whereof shall by the said Master of the said Company of Stationers within Ten days after he hath so received the same be delivered to the Kéeper of His Majesties Library and the other two within the said ten days to be sent to the Vice-Chancellour of the two Vniversities respectively for the use of the publick Libraries of the said Vniversities Books printed in the Vniversities And it is further Enacted That the Printers in the said Vniversities and every of them respectively from and after the said Six and twentieth day of December shall deliver one such Printed Copy as aforesaid of every Book so new Printed or reprinted in the said Vniversities or in either of them to the Kéeper of His Majesties Library as aforesaid as also to the Vice-Chancellour of either of the said Vniversities for the time being two other such Printed Copies for the use of the publick Libraries of the said Vniversities respectively And if any of the printers aforesaid or the said Master of the Company of Stationers shall not observe the direction of this Act therein That then he and they so making default in not delivering the said printed Copies as aforesaid shall severally forfeit besides the value of the said printed Copies the sum of Five pounds for every Copy not so delivered as also the value of the said printed Copies not so delivered The same to be recovered by His Majesty His Heirs and Successors and by the Chancellour Masters and Scholars of either of the said Vniversities respectively by Action of Debt Bill Plaint or Information in any of His Majesties Courts of Record at Westminster wherein no Essoyn Protection or Wager of Law shall be allowed CAP. V. Thomas Dolman Joseph Bampfeild and Thomas Scot attainted of High Treason if they render not themselves by a Day IN all humble manner shew unto Your most Excellent Majesty Your Majesties most Dutiful and Loyal Subjects the Lords Spiritual and Temporal and Commons Assembled in Parliament That whereas it is notoriously known that Thomas Dolman Joseph Bampfeild alias Stepner and Thomas Scot Son of Thomas Scot lately Executed as a Most execrable Traitor one of the horrid bloudy murderers of His late Royal Majesty King Charles the First of ever blessed memory contrary to the duty of their Allegiance have most traiterously and wickedly adhered and still do adhere to Your Majesties Enemies beyond the Seas where they as yet remain and commit divers Treasonable acts without any sense of loyalty to Your Majesty or of natural affection to their native Country May it therefore please Your most Excellent Majesty That it may be Enacted And be it Enacted by the Kings most Excellent Majesty by and with the consent and advice of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled That if the said Thomas Dolman Joseph Bampfeild alias Stepner and Thomas Scot Thomas Dolman Joseph Bampfeild Thomas Scot. shall not return into the Realm of England and render themselves to some or one of His Majesties Iustices of the Peace for the County wherein he or they shall first arrive at or before the first day of February next ensuing and also abide their Legal Trial for such their Treasons Then every of them the said Thomas Dolman Joseph Bampfeild alias Stepner and Thomas Scot not rendering himself as aforesaid or not abiding his Trial aforesaid shall from and after the said First day of February stand and be adjudged attainted of High Treason to all intents and purposes whatsoever and shall suffer and forfeit as a person attaint of High Treason by the Laws of the Land ought to suffer and forfeit And be it further Enacted by the Authority aforesaid Persons beyond Sea by Proclamation are required to return into England That all and every person and persons who now are or hereafter shall be beyond the Seas and whom His Majesty by any of His Royal Proclamations to be issued under the Great Seal of England during the continuance of this War with the States of the United Provinces shall name and require to return into England and render themselves by a certain day therein to be mentioned to some or one of His Majesties Iustices of the Peace for the County wherein he or they shall first arrive and shall not return and render themselves accordingly and abide their legal Trial shall from and after the day to them to be prefixed by such Proclamation stand and be attainted of High Treason to all intents and purposes and shall suffer such pains and penalties and undergo all such forfeitures as persons attainted of High Treason ought to do The time by such Proclamation Three moneths at least Provided That the time to be prefixed by such Proclamation for the persons therein to be named to render themselves be not less then the time and term of Thrée Calendar moneths from and after the Date of such Proclamation And be it further Declared and Enacted by the Authority aforesaid Persons Serving the States of the Vnited Provinces during the War That all and every His Majesties Subjects who from and after the First day of February next ensuing shall at any time during the continuance of the said War serve the States of the United Provinces either by Land or Sea as a Souldier or Seaman on this side the Straights Or from and after the First day of May in the year of our Lord One thousand six hundred sixty and six within the Straights Or from and after the First day of August in the said year One thousand six hundred sixty six in Africa or America or any where beyond the Straights on this side the Equinoctial Or from and after the First day of February in the said year One thousand six hundred sixty six in
Authority aforesaid as followeth viz. That whereas there is already provided a strong and sufficient Messuage in the Parish of S. Thomas the Apostle near the City of Exon for the purpose aforesaid Exon City and One thousand pounds more by certain Trustees upon Proposals and Agréements made by them with cetain Gentlemen Iustices of the Peace for the County of Devon Devon who have also provided One thousand pounds more in order to purchase Lands of Inheritance for the good purposes hereafter mentioned Be it Enacted by the Authority aforesaid That the said Two thousand pounds be laid out in purchase of Lands of Inheritance by Order of the General Sessions of the Peace hereafter at any time to be held in the name of such persons as by such Order shall be appointed Item That the said House with the Grounds therewith inclosed be had and used as a Common Gaol and Workhouse for the said County in manner as is after expressed Item That an Overséer be therein placed by like Order and by like Order be removeable from time to time which Overseer shall have the charge custody and government of the Prisoners to him committed according to this Act and shall have Fifty pounds per annum during the execution of his Office and Ten pounds per annum for his Deputy but shall therefore take no fées for receiving delivering or doing any other service relating to the Prisoners from or of any the said Prisoners Item That the said Iustices by like Order from time to time shall and may by approbation of the Ordinary provide and appoint some méet and discréet Minister to read Divine Service according to the Orders of the Church of England unto the Prisoners at least four days in the wéek That is to say on the Lords day each Wednesday and each Friday and Saturday and oftner if the said Iustices shall appoint and to take pains in instructing them each Lords day at the least for which they may allow him Thirty pounds per annum or after that rate the rest of the Profits to be for Repairing the House and towards finding a Stock for to set the Prisoners on work Item That any person charged with such offence onely for which Clergy is allowable if so be he be néedy and indigent and not likely to maintain himself in Gaol may by Warrant of the Iustice or Iustices of the Peace to whom Iurisdiction in that behalf appertaineth be committed to the said Workhouse in order to his Trial and if any person shall be committed to the ordinary Gaol who shall be or become so indigent he may by Warrant of thrée Iustices of Peace whereof one to be of the Quorum be removed from the ordinary Common Gaol to the said House All which Prisoners so committed or removed shall be in the custody of the Overséer and be ordered and demeaned in the said House and conveyed to the Sessions or to the Gaol-delivery by like Warrant way and means as the Prisoners in other Gaols by the Laws and Statutes of this Realm are to be ordered and demeaned And because the said Workhouse is distant from the Ordinary Common Gaol the Prisoners by Order from the Sessions or Gaol-delivery may in order to their Trials be removed to the Common Gaol to be the more ready for their Trials Item That the said Overséer shall give Security for the Stock and be liable to such Regulations and Orders for Accompts and otherwise as the Sessions shall from time to time make for setting the poor Prisoners on work there which shall be obeyed and observed That a convenient Stock be from time to time raised at the Charge of the County Item That the said Iustices of the County in Devon may put in ure all the powers in this Act as other Iustices may in any other County by vertue thereof Saving to the Kings Majesty His Heirs and Successors and to every other person and persons and their Heirs Successors Executors and Administrators all Rights Titles Claims and Demands whatsoever into or out of the said Messuages and Premisses as if this Act had never béen made CAP. V. A former Act concerning Replevins and Avowries to extend to the Principality of Wales and the County Palatines 1. Car. 2. cap. 7. WHereas by an Act of Parliament Entituled An Act for the more speedy and effectual proceeding upon Distresses and Avowries for Rents Provision is made where any Plaintiff shall Nonsuit before Issue joyned in any Suit or Replevin by Plaint or Writ lawfully returned removed or depending in any of the Kings Courts at Westminster Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled That the said Act and all the Powers and Provisions thereby made for causes of Replevins depending in His Majesties Courts of Westminster shall be extended and be of the same force and efficacy in all causes of Replevin which are or shall be depending in His Majesties Court of Common Pleas for the County Palatine of Lancaster Lancaster Wales Chester the Courts of the Great Sessions of His Majesties Principality of Wales the Court of Great Sessions or Assizes for the County Palatine of Chester and the Court of Common Pleas for the County Palatine of Durham as fully and as amply for and during the continuance of the said Act as if the said Courts had been mentioned therein CAP. VI. A Redress of Inconveniencies by want of Proof of the Deceases of Persons beyond the Seas or absenting themselves upon whose Lives Estates do depend VVHereas divers Lords of Mannors and others have used to grant Estates by Copy of Court-Roll for one two or more life or lives according to the Custome of their several Mannors and have also granted Estates by Lease for one or more life or lives or else for years determinable upon one or more life or lives And it hath often happened that such person or persons for whose life or lives such Estates have béen granted have gone beyond the Seas or so absented themselves for many years that the Lessors and Reversioners cannot find out whether such person or persons be alive or dead by reason whereof such Lessors and Reversioners have béen held out of possession of their Tenements for many years after all the lives upon which such Estates depend are dead in regard that the Lessors and Reversioners when they have brought Actions for the recovery of their Tenements have béen put upon it to prove the death of their Tenants when it is almost impossible for them to discover the same For remedy of which mischief so frequently happening to such Lessors or Reversioners Be it Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same Persons beyond the Seas or absenting
Sir Seymour Shirley Baronet An Act for Setling the Moyety of the Mannor of Iron Acton on Sir John Pointz An Act for Setling an Estate in Trust for the benefit of Mistress Elizabeth Pride and her Children An Act for the Ascertaining the Bounds of the several Rectories of Swaffham St. Ciriac and of Swaffham St. Maries within the Town of Swaffham Prior in the County of Cambridge and for the Uniting of the two Churches there An Act for the Restoring of Francis Scawen Gent. in Bloud An Act for Naturalizing Dame Mary Frazer and others An Act to Enable a Sale of Lands for payment of the Debts of Henry Kendall Esquire An Act for Setling part of the Lands of Henry Mildmay Esquire deceased for payment of his Debts and making Provision for his Children An Act to Enable Leicester Grosvenor and his Trustees to Sell certain Lands for payment of Debts Anno Reg. CAROLI Regis Angliae Scotiae Franciae Hiberniae Primo AT the Parliament begun at Westminster the Eighteenth day of June Anno Dom. 1625. in the first year of the Reign of our most gracious Soveraign Lord CHARLES by the grace of God of Great Britain France and Ireland King Defender of the Faith c. And there continued untill the Eleventh day of July following and then adjourned until the first day of August following unto Oxford To the high pleasure of Almighty God and to the Weal publick of this Realm were enacted as followeth CAP. I. There shall be no Assemblies for unlawful Pastimes upon the Lords Day FOrasmuch as there is nothing more acceptable to God than the true and sincere Service and Worship of him according to his holy Will and that the holy kéeping of the Lords Day is a principal part of the true Service of God which in very many places of this Realm hath béen and now is prophaned and neglected by a disorderly sort of people in exercising and frequenting Bear-baiting Bull-baiting Enterludes common Playes and other unlawful Exercises and pastimes upon the Lords Day And for that many quarrels blood-sheds and other great inconveniences have grown by the resort and concourse of people going out of their own Parishes to such disordered and unlawful exercises and pastimes neglecting Divine Service both in their own Parishes and elsewhere Be it enacted by the Kings most excellent Majesty the Lords Spiritual and â—emporal and the Commons in this present Parliament assembled and by the authority of the same Vnlawful Writings and Pastimes on the Lords Day forbidden That from and after forty dayes next after the end of this Session of Parliament there shall be no méetings assemblies or concourse of people out of their own Parishes on the Lords Day within this Realm of England or any the Dominions thereof for any sports and pastimes whatsoever nor any Bear-baiting Bull-baiting Enterludes common Plays or other unlawful exercises and pastimes used by any person or persons within their own Parishes Every person using any unlawfull pastimes on the Lords Day shall forfeit 3 s. 4 d. to the poor of the Parish and that every person or persons offending in any the premisses shall forfeit for every offence thrée shillings four pence The same to be employed and converted to the use of the poor of the Parish where such offence shall be committed And that if any one Iustice of the Peace of the County or the chief Officer or Officers of any City Borough or Town corporate where such offence shall be committed upon his or their view or confession of the party or proof of any one or more witness by oath which the said Iustice or chief Officer or Officers shall by vertue of this Act have authority to minister shall find any person offending in the premisses the said Iustice or chief Officer or Officers shall give Warrant under his or their hand and seal to the Constables or Church-wardens of the Parish or Parishes where such offence shall be committed After conviction by Warrant from a Iustice c. the Constables c. may levy the Pâ—naâ—â—s c. General â—ssâ—â— Limitation of this actâ—on The Ecclesiastical â—â—â—â—â—diction 〈◊〉 abridgeâ— to levy the said penalty so to be assessed by way of distress and sale of the goods of every such offendor rendring to the said offendors the overplus of the money raised of the said goods so to be sold And in default of such distress that the party offending be set publickly in the stocks by the space of thrée hours And that if any man be sued or impeached for execution of this Law he shall and may plead the general Issue and give the said matter of Iustification in evidence Provided That no man be impeached by this Act except he be called in question within one moneth next after the said offence committed Provided also That the Ecclesiastical Iurisdiction within this Realm or any the Dominions thereof by vertue of this Act or any thing therein contained shall not be abridged but that the Ecclesiastical Court may punish the said offences as if this Act had not béen made This Act to continue until the end of the first Session of the next Parliament and no longer 3 Car. 4. continued until the end of the first Session of the next Parliament Stat. 3 Car. 1. 17 Car. cap. 4. continued until other Order by Parliament CAP. II. All Leases to be made within three years by the Kings Majesty of the Dutchy-Lands of Cornwall confirmed WHereas the King our Soveraign Lord being in the life-time of his Royal Father of blessed memory seized of the said Dukedom of Cornwall did bargain and contract for Leases and Estates to be made of divers Messuages Lands Tenements and Hereditaments parcel of the said Dukedom of Cornwall which Leases and Estates his Majesty was enabled to have made in his Fathers life-time by an Act of Parliament made in the last Session of Parliament intituled An Act to enable the most excellent Prince Charles to make Leases of Lands 21 Jac. 29. parcell of his Highness Dutchy of Cornwall or annexed to the same And because his Majestie having received divers Fines and summes of Money according to the said Contracts and having entred into Treaty with divers others for like Estates the finishing of which Contracts and making the said Leases was prevented by his Majesties access to the Imperial Crown of this Realm is graciously pleased for the good of his poor Tenants of the said Dutchy Lands to procéed to the full accomplishment of the Contracts and Leases of the premisses All Leases to be made within three years by the King of the Dutchy Lands of Cornwall if all be good Be it therefore Enacted by our said Soveraign Lord the King the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of this present Parliament That all Leases to be made within the space of thrée years next ensuing by our said Soveraign Lord the King by Letters
all Statutes and Acts of Parliament Acts that are to have continuance shall remain in foâ—ce which are to have continuance unto the end of this present Session shall be of full force after the said Adjournment until this present Session be fully ended and determined And if this Session shall determine by dissolution of this present Parliament then all the Acts aforesaid shall be continued until the end of the first Session of the next Parliament And all Statutes and Acts of Parliament When the Acts which are now to pass shall take effect which before the said Adjournment shall pass by his Majesties royal Assent shall be put in execution immediately after forty dayes after the said Adjournment notwithstanding that by the words or letter of the said Acts or any of them they be limited to take effect or be put in execution from or at any time after the end of this present Session Anno Reg. Caroli Regis Angliae Scotiae Franciae Hiberniae Tertio AT the Parliament began at Westminster the Seventeenth day of March Anno Dom. 1627. in the Third year of the Reign of our most gracious Soveraign Lord CHARLES by the grace of God of England Scotland France and Ireland King Defender of the Faith c. And there continued until the Twenty sixth day of June following and then prorogued unto the twentieth day of October next ensuing To the high pleasure of Almighty God and to the weal publick of this Realm were enacted as followeth A Declaration of divers Rights and Liberties of the People to the Kings most Excellent Majesty HVmbly shew unto our Soveraign Lord the King the Lords Spiritual and Temporal The Petition of Right and Commons in Parliament assembled That whereas it is declared and Enacted by a Statute made in the time of the Reign of King Edward the First 34 Ed. 1. commonly called Statutum de Tallagio non concedendo That no Tallage or Aid shall be laid or levied by the King or his Heirs in this Realm without the good will and assent of the Archbishops Bishops Earls Barons Knights Burgesses and other the Fréemen of the Commonalty of this Realm And by Authority of Parliament holden in the five and twentieth year of the reign of King Edward the third 25 Ed. 3. Rot. Parl. it is declared and Enacted That from thenceforth no person should be compelled to make any Loans to the King against his will because such Loans were against reason and the Franchise of the Land 1 Ed. 3. 6. 11 R. 2. 9. 1 R. 3. 2. And by other Laws of this Realm it is provided That none should be charged by any Charge or Imposition called a Benevolence nor by such like charge By which the Statutes before mentioned and other the good Laws and Statutes of this Realm your Subjects have inherited this Fréedom That they should not be compelled to contribute to any Tax Tallage Aid or other like charge not set by common consent in Parliament Yet nevertheless of late divers Commissions directed to sundry Commissioners in several Counties with instructions have issued by means whereof your People have béen in divers places assembled and required to lend certain sums of Money unto your Majesty and many of them upon their refusal so to do have had an Oath administred unto them not warrantable by the Laws or Statutes of this Realm and have béen constrained to become bound to make Appearance and give Attendance before your Privy Councel and in other places and others of them have béen therefore imprisoned confined and sundry other ways molested and disquieted And divers other Charges have béen laid and levied upon your People in several Counties by Lord-Lievetenants Deputy-Lievetenants Commissioners for Musters Iustices of Peace and others by command or direction from your Majesty or your Privy Councel against the Laws and frée Customs of this Realm 9. H. 3. 29. And where also by the Statute called The great Charter of the Liberties of England It is declared and Enacted That no Fréeman may be taken or imprisoned or be disseised of his Fréehold or Liberties or his frée Customs or be outlawed or exiled or in any manner destroyed but by the lawful judgement of his Péers or by the Law of the Land 28. Ed. 3. 3. And in the eight and twentieth year of the reign of King Edward the third it was declared and Enacted by Authority of Parliament That no man of what estate or condition that he be should be put out of his Land or Tenements nor taken nor imprisoned nor disherited nor put to death without being brought to answer by due process of Law St. 37. Ed. 3. 18. St. 38 Ed. 3 9. St. 42 Ed. 3. 3. St. 17. R. 2. 6. Nevertheless against the tenor of the said Statutes and other the good Laws and Statutes of your Realm to that end provided divers of your Subjects have of late béen imprisoned without any cause shewed And when for their deliverance they were brought before your Iustices by your Majesties Writs of Habeas corpus there to undergo and receive as the Court should order and their Kéepers commanded to certifie the causes of their detainer no cause was certified but that they were detained by your Majesties special command signified by the Lords of your Privy Councel and yet were returned back to several Prisons without being charged with any thing to which they might make answer according to the Law 25. Ed. 3. 9. And whereas of late great Companies of Souldiers and Mariners have béen dispersed into divers Counties of the Realm and the Inhabitants against their wills have béen compelled to receive them into their houses and there to suffer them to sojourn against the Laws and Customs of this Realm and to the great grievance and vexation of the People 25. Ed. 3. 9. And whereas also by Authority of Parliament in the five and twentieth year of the raign of King Edward the third it is declared and Enacted That no man should be fore-judged of life or limb against the form of the Great Charter and Law of the Land 9. H. 3. 28. 25. Ed 3. 4. 28. Ed. 3. 3 And by the said Great Charter and other the Laws and Statutes of this your Realm no man ought to be adjudged to death but by the Laws established in this your Realm either by the Customs of the same Realm or by Acts of Parliament And whereas no offendor of what kinde soever is exempted from the procéedings to be used and punishments to be inflicted by the Laws and Statutes of this your Realm Nevertheless of late divers Commissions under your Majesties great Seal have issued forth by which certain persons have béen assigned and appointed Commissioners with power and authority to procéed within the Land according to the Iustice of Martial Law against such Souldiers and Mariners or other dissolute persons joyning with them as should commit any Murther Robbery Felony Mutiny
or other outrage or misdemeanor whatsoever and by such summary course and order as is agréeable to Martial Law and as is used in Armies in time of War to procéed to the trial and condemnation of such Offendors and them to cause to be executed and put to death according to the Law Martial By pretext whereof some of your Majesties Subjects have béen by some of the said Commissioners put to death when and where if by the Laws and Statutes of the Land they had deserved death by the same Laws and Statutes also they might and by no other ought to have béen judged and executed And also sundry grievous Offendors by colour thereof claiming an exemption have escaped the punishments due to them by the Laws and Statutes of this your Realm by reason that divers of your Officers and Ministers of Iustice have unjustly refused or forborn to procéed against such Offendors according to the same Laws and Statutes upon pretence that the said Offendors were punishable onely by Martial Law and by Authority of such Commissions as aforsaid Which Commissions and all other of like nature are wholly and directly contrary to the said Laws and Statutes of this your Realm The Petition They do therefore humbly pray your most excellent Majesty That no man hereafter be compelled to make or yield any Gift Loan Benevolence Tax or such like charge without common consent by Act of Parliament And that none be called to make answer or take such Oath or to give attendance or be confined or otherwise molested or disquieted concerning the same or for refusal thereof And that no Fréeman in any such manner as is before mentioned be imprisoned or detained And that your Majesty would be pleased to remove the said Souldiers and Mariners and that your People may not be so burthened in time to come And that the foresaid Commissions for procéeding by Martial Law may be revoked and annulled And that hereafter no Commissions of like nature may issue forth to any person or persons whatsoever to be executed as aforesaid lest by colour of them any of your Majesties Subjects be destroyed or put to death contrary to the Laws and Franchise of the Land All which they most humbly pray of your most excellent Majesty as their Rights and Liberties according to the Laws and Statutes of this Realm And that your Majesty would also vouchsafe to declare That the awards doings and procéedings to the prejudice of your People in any of the premisses shall not be drawn hereafter into consequence or example And that your Majesty would be also graciously pleased for the further comfort and safety of your People to declare your royal will and pleasure That in the things aforesaid all your Officers and Ministers shall serve you according to the Laws and Statutes of this Realm as they tender the Honor of your Majesty and the Prosperity of this Kingdom Stat. 17 Car. cap. 14. CAP. I. A restraint of divers abuses committed on the Lords day FOrasmuch as the Lords day commonly called Sunday is much broken and prophaned by Carriers Waggoners Carters Wain-men Butchers and Drovers of Cattle to the great dishonor of God and reproach of Religion Be it therefore enacted by the Kings most excellent Majesty and the Lords Spiritual and Temporal and by the Commons in this present Parliament assembled and by the Authority of the same That no Carrier with any Horse or Horses A Carrier c. that travels upon the Lords day shall forfeit 20. s. nor Waggon-men with any Waggon or Waggons nor Car-men with any Cart or Carts nor Wain-man with any Wain or Wains nor Drovers with any Cattel shall after forty days next after the end of this present Session of Parliament by themselves or any other travel upon the said Day Butchers that sell or kill victual upon that day shall forfeit 6. s. 8. d. upon pain that every person and persons so offending shall lose and forfeit twenty shillings for every such offence Or if any Butcher by himself or any other for him by his privity or consent shall after the end of the said forty daies kill or sell any Victual upon the said Day That then every such Butcher shall forfeit and lose for every such offence the sum of six shillings and eight pence The said offences and every of them being done in view of any Iustice of Peace Mayor or other head Officer of any City or Town corporate within their limits respectively or being proved upon Oath by two or more witnesses or by the confession of the party offending before any such Iustice Mayor or head Officer within their several limits respectively wherein such offence shall be committed To which end every such Iustice Mayor or head Officer shall have power by this Act to minister an Oath to such witness or witnesses All which sums or penalties shall or may be levied by any Constable After conviction and by warrant from a Iustice c. the Constables c. may levy the said forfeitures to the use of the poor or they may be recovered by Suit or Church-warden by Warrant from any such Iustice or Iustices of the Peace Mayor or other head Officer as aforesaid within their several limits where such offence shall be committed or done by distress and sale of the Offendors goods rendring to the party the over-plus or shall be recovered by any person or persons that will sue for the same by Bill Plaint or Information in any of his Majesties Courts of Record in any City or Town corporate before his Majesties Iustices of the Peace in their General Sessions of the Peace All which forfeitures shall be employed to and for the use of the poor of the Parishes where the said offences shall be committed or done saving onely that it shall be lawful to and for any such Iustice Mayor or head Officer out of the said Forfeitures to reward any such person or persons that shall inform or otherwise prosecute any person or persons offending against this present Act according to their discretions so that such reward excéed not the third part of the Forfeiture Provided that such Bill Plaint or Information shall be commenced sued and prosecuted in the County City or Town corporate where such offence shall be committed and done and not elsewhere wherein no Essoin Protection or Wager of Law shall be allowed to the Defendant Provided always That it shall be lawful for any Constable or Church-warden that shall have any Suit or Action brought against them for any Distress by them or any of them to be taken by force of this present Act to plead the general Issue and to give the special matter in Evidence Provided likewise That no person or persons whatsoever shall be impeached by this Act unless he be thereof questioned within six moneths after the Offence committed Provided further That this Act shall not in any sort abridge or take away the Authority of the Court Ecclesiastical
of the reign of the late Quéen Elizabeth intituled An Act touching leases of Benefices and other Ecclesiastical livings with Cure together with all and every explanations additions 27 El. not printed and alterations thereof or of any of them or to any of them made by several Statutes in the fourtéenth eightéenth 3 Jâ—c 8. The four acts above mentioned made perpetual and thrée and fortieth years of her said late Maiesties reign And one Act made in the seven and twentieth year of the reign of the late Quéen Elizabeth intituled An Act for the maintenance of the Péer and Cobb of Lyme Regis in the County of Dorset 21 Jac. 17. made perpetual And one Act made in the third year of the reign of the late King James intituled An Act for the avoiding of unnecessary delayes of executions be by authority of this present Parliament made perpetual and shall from henceforth stand in full force and effect and be put in due execution for ever hereafter And be it also enacted by the same authority That one Statute made in the one and twentieth year of the reign of the late King James intituled An Act against Vsury which act was to continue for the space of seven years from the four and twentieth day of June which then should be in the year of our Lord one thousand six hundred twenty and five and so to the end of the first Session of Parliament then next following be also by authority of this Parliament made perpetual 2â— H. 12. And it is further enacted by the authority aforesaid That one Act made in the one and twentieth year of the reign of the late King Henry the eighth intituled an Act for the true making of Cables Halters and Ropes And that part of one Act made in the Parliament holden at Westminster by prorogation the fourth day of November 3 4 Ed. 6. 1â— and continued untill the first day of February next after in the third and fourth years of the reign of the late King Edward the sixth by which it is ordained and enacted That no Person or Persons after the time in the said Act mentioned shall sell again alive Cattel in the said act mentioned at or in the Market or Fair wherein he bought the same during the time of the same Fair or Market under the pains therein contained And that no person being a Butcher and using the craft or mystery of Butchery shall at any time after the said feast buy any fat Oxen Stéers Ronts Kine Heifers Calves or Shéep and sell or cause to be sold the same again alive upon pain of forfeiture of every such Ox Stéer Ront 3 4 Ed. 6. 21. Cow Heifer Calves or Shéep bargained or sold contrary to the forme of that Act One other Act made in the same Parliament intituled an Act for the buying and selling of Butter and Chéese together with one Statute made in the Parliament holden in the one and twentieth year of the reign of the late King James 21 Jac. 22. intituled an Act for the explanation of the Statutes made in the third and fourth and fifth years of the reign of the said late King Edward the sixth concerning the traders of Butter and Chéese â— El 5. And so much of an Act made in the fifth year of the Reign of the late Quéen Elizabeth intituled an Act touching certain politick constitutions made for the maintenance of the Navy as is not repealed by any later Statute nor doth concern the eating of flesh or using of fish upon the Wednesday Nor the transportation of herring or other Sea fish Nor fréedom of subsidy Custome or Tonnage for the same Nor Transportation of Corn nor the prohibiting the bringing into this Realm any Cod or Ling in Barrels or other Casks together with all and every other additions explanations and alterations made thereunto or thereof or of any part thereof by any Statute or Statutes made sithence the making of the said last mentioned Act and in force the last day of the Session of Parliament that was in the one and twentieth year of the Reign of the late King James 5 El. 7. And one other Act made in the said fifth year intituled an Act for avoiding divers forreign wares made by handy-crafts Men beyond the Seas 8 El. 10. And an Act made in the eighth year of the Reign of the said late Quéen Elizabeth intituled an Act for Bowyers and the prices of Bows 13 El. 21. And one Act made in the thirtéenth year of the Reign of the late Quéen Elizabeth intituled an Act that Purveyors may take Corn and Victuals within five miles of Cambridge and Oxford in certain cases 14 El. 5. And so much of an Act made in the fourtéenth year of the Reign of the said late Quéen Elizabeth intituled an Act for the punishment of Vagabonds and the relief of the poor and impotent as concerneth the taxing rating levying and imploying of Gaol-mony â—8 El. 3. And so much of an Act made in the eightéenth year of the Reign of the said late Quéen Elizabeth intituled an Act for the setting the poor on work and avoiding Idleness as concerneth Bastards begotten out of lawful Matrimony with this that all Iustices of the Peace within their several limits and precincts and in their several Sessions may do and execute all things concerning that part of the said Statute that by Iustices of the Peace in the several Counties are by the said Statute limited to be done 18 El. 20. And an Act made in the said eightéenth year of the reign of the said late Quéen Elizabeth intituled an Act for repairing and amending the Bridges and High-wayes near unto the City of Oxford 2â— El. not printed And one Act made the seven and twentieth year of the Reign of the said late Quéen Elizabeth intituled an Act for the good Government of the City or Borough of Westminster 27 El. 14 3 4 Ed. 6. 20. 27 El 28. And two other Acts made in the said seven and twentieth year of the Reign of the said late Quéen Elizabeth the one intituled an Act for reviving of a former Statute for the true making of Mault together with the Statute by the said Act revived and the other intituled an Act for the kéeping of the Sea banks and Sea works in the County of Norfolke And one Act made in the one and thirtieth year of the Reign of the late Quéen Elizabeth 31 El. 8. intituled an Act for the true gawging of Vessels brought from beyond the Seas converted by Brewers for the utterance and sale of Ale and Béer And two Acts made in the five and thirtieth year of her said late Maiesties Reign 35 El. 10. the one intituled an Act for the Reformation of sundry abuses in Cloaths called Devonshire Kersies or Dozens according to a Proclamation of the four and thirtieth year of her said Maiesties Reign the
4. 20 R. 2. 2. and one other Statute made in the twentieth year of the reign of the late King Richard the second by which it is ordained that no Vaclets called Yeomen nor other of lesser estate than an Esquire shall use or bear any sign of Livery called Livery of Company of any Lord within the Realm And one Statute made in the first year of the reign of the late King Henry the fourth concerning giving of Liberies 7 H. 4. 7. 6 H. 4. 14. 13 H. 4. 3. 8 H. 6. 4. 8 Ed. 4. 2. 3 H. 7. 1. 3 H. 7. 12. A repeal of the 9 Statutes last mentioned And one statute made in the 7th year of the reign of the late King Hen. the 4th concerning giving of Liveries And one other Statute made in the 13th year of the reign of the late King Henry the fourth concerning giving of Liveries And one Statute made in the eighth year of the reign of the late King Henry the sixth concerning Liveries And one Statute made in the eighth year of the reign of the late King Edward the fourth concerning Liveries and so much of one Statute made in the third year of the reign of the late King Henry the seventh concerning the Star-Chamber as toucheth or concerneth the punishment of those that shall give or take Liveries And one other Statute made in the said third year concerning taking of Liveries by the Kings Officers and Farmers be from henceforth repealed And be it also enacted by authority of this Parliament 7 Jac. 20. continued untill the next Parliament that one Act of Parliament made in the seventh year of the reign of the late King James intituled An Act for the speedy recovery of many thousand Acres of marsh grounds and other grounds within the Counties of Norfolk and Suffolk lately surrounded by the rage of the Sea in divers parts of the said Counties and for the prevention of the danger of the like surrounding hereafter be continued and shall stand in force untill the end of the next Session of Parliament 17 Car. cap. 4. CAP. V. The Estates of the Tenants of Bromfield and Yale in the County of Denbigh and of the Tenures Rents and Services thereupon reserved according to the late composition made for the same with the Kings most Excellent Majesty then Prince of Wales ratified and confirmed PR CAP. VI. Five Subsidies granted by the Spiritualty EXP. CAP. VII Five Subsidies granted by the Temporalty Anno quarto Caroli Regis EXP. Anno Regni Caroli Regis Angliae Scotiae Franciae Hiberniae Decimo Sexto AT the Parliament begun at Westminster the third day of Novemb. An. Dom. 1640. In the sixteenth year of the Reign of CHARLES the first by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. To the High pleasure of Almighty God and to the weal publick of this Realm were Enacted as followeth CAP. I. Parliaments to be called and held every third year REP. ALT 16 Car. 2. cap. 1. CAP. II. A Grant of four entire Subsidies for the Relief of His Majesties Army and the Northern parts of the Kingdom EXP. CAP. III. Some things mistaken in the last Act reformed and the Acts of the Commissioners and other Officers by them appointed made good EXP. Anno decimo septimo Caroli Regis CAP. IV. A Grant of two Subsidies for the further Relief of His Majesties Army and the Northern parts of the Kingdom EXP. And divers Statutes continued ANd be it Enacted by the Authority aforesaid That the passing of this present Act Divers Statutes continued or of any other Act or Acts or his Majesties Royal Assent to them or any of them in this present Session of Parliament shall not be any determination of the said Session 3 Car. cap. 4. continued further and that all Statutes and Acts of Parliament which have their continuance or were by an Act of Parliament made in the third year of the Reign of his Majesty that now is intituled An Act for the Continuance and Repeal of divers Statutes continued untill the end of the first Session of the then next Parliament shall by vertue of this Act be adiudged ever since the Session of Parliament in the said third year to have been of such force and effect as the same were the last day of that Session and from thenceforth until some other Act of Parliament be made touching the continuance or discontinuance of the said Statutes and Acts in the said Act of the third year of his Majesties Reign continued as aforesaid CAP. V. The Lord Admiral and others by his authority may Raise and Impress Mariners Sailers and others for the present guarding of the Seas and necessary Defence of the Realm EXP. CAP. VI. Michaelmas Term abbreviated Inconvenience◠Michaelmas term being so soon after the feast of Saint Michael VVHereas the Term of S. Michael commonly called Michaelmas Term doth begin so soon after the Feast of Saint Michael that it is generally found to be very inconvenient to His Majesties Subjects both Nobles and others as well for the keeping of the Quarter Sessions next after the Feast of Saint Michael the Archangel and the keeping of their Léets Law-dayes and Court-Barons which they can by no means attend in regard of the necessity of their coming to the said Term so spéedily after the Feast of Saint Michael the Archangel to appear upon Iuries and to follow their Causes and Suits in the Law the same time being the chief time of all the year for the sowing of Land with Winter Corn and for the disposing and setting in order of all their Winter Husbandry and business and for the receiving and paying of Rents And in many parts of this Kingdom Harvest is seldom or never Inned till three wéeks after the said Feast Therefore the Kings most Excellent Majesty out of the Princely care that he hath of all his loving Subjects having a special care to the encrease and continuance of their wealth and good Estates by the assent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the authority of the same Ordaineth Enacteth and Establisheth That in the said Michaelmas Term there shall be six common dayes of Return only and not above that is to say The first day of Return thereof shall be and be called A die Sancti Michaelis in tres Septimanas In Michaelmas term shall be lie common dayes of Return only The second day of Return of the same Term shall be and be called A die Sancti Michaelis in unum mensem The third day of Return of the same Term shall be and be called In Crastino animarum The fourth day of Return of the same Term shall be and be called In Crastino Sancti Martini The fifth day of Return of the same Term shall be and be called In Octabis Sancti Martini And the sixth day of Return of the said
Term shall be and be called A die Sancti Martini in quindecem dies And that the same dayes of Return shall be observed in all the High Courts of Record of our Soveraign Lord the King his Heirs and Successors hereafter to be holden at Westminster or other place or places at the assignment or appointment of our Soveraign Lord the King His Heirs and Successors And that from and after the Feast of Saint Michael the Archangel next coming The Return dayes to be observed there shall not be nor be called any dayes of Return in Octabis Sancti Michaelis nor a die Sancti Michaelis in quindecem dies nor either of them And that the said Term of Saint Michael yearly for ever from and after the said Feast of Saint Michael the Archangel next coming begin in and upon the said Tres septimanas Sancti Michaelis whensoever it shall happen to fall except it be on the Lords day commonly called Sunday and then on the morrow next after for the keeping of the Essoins Proffers Returns and other Ceremonies heretofore used and kept in like manner and form Two return dayes taken away as hath been used to be done in the day of the Return commonly called Octabis Sancti Michaelis and that the full Term of Saint Michael shall yearly for ever When the term shall begin from and after the Feast of Saint Michael next coming in all the aforesaid Courts of Recâ—â—d begin and take his commencement upon the quarto die of the said tres septimanas Sancti Michaelis and not before as formerly it hath been used upon the quarto die of Octabis Sancti Michaelis except it be on the Lords day commonly called Sunday and then on the morrow next after And be it further enacted by the authority aforesaid that if after the Feast of Saint Michael the Archangel next coming Hâ—w dayes shall â—e given or Wâ—â—ts in real actions other then writs of entry right or advowson or dower any Writ in any real Action other then Writs of Entry for common Recoveries and writs of right of Advowson and writs of Dower Unde nihil habet hereafter mentioned come in and be returnable in His Majesties Court of Common Pleas in the day of Return of Tres septimanas Sancti Michaelis then day shall be given in Crastino Purificationis beatae Mariae And if a die Sancti Michaelis in unum mensem then in Octabis Purificationis beatae Mariae if in Crastino animarum then in Quindena Paschae if in Crastino Sancti Martini then a die Paschae in tres septimanas if in Octabis Sancti Martini then a die Paschae in unum mensem if in Quindena Sancâ— Martini then in quinque septimanas Paschae if in Octabis Sancti Hillarii then in Crastino Ascensionis Domini if in Quindena Sancti Hillarii then in Crastino Sanctae Trinitatis if in Crastino Purificationis beatae Mariae then in Octabis Sanctae Trinitatis if in Octabis Purificationis beatae Mariae then in Quindena sanctae Trinitatis if in Quindena Paschae then a die sanctae Trinitatis in tres septimanas if a die Paschae in tres septimanas then a die Sancti Michaelis in tres septimanas if a die Paschae in unum mensem then a die Sancti Michaelis in unum mensem if a die Paschae in quinque septimanas then in Crastino animarum if in Crastino Ascensionis Domini then in Crastino Sancti Martini if in Crastino sanctae Trinit then in Octabis sancti Martini if in Octabis sanctae Trinitatis then in Quindena sancti Maâ—â—ini if in Quindena sanctae Trinitatis then in Octabis sancti Hillarii if a die sanctae Trinitatis in tres septimanas then in Quindena Sancti Hillarii How dayes shall be given in theâ—â— writs And for the more speedy proceeding in Writs of Dower and Writs of Entry for common Recoveries to be sued and prosecuted by Writs of Entry or Writs of Right of Advowson Be it further enacted by the Authority aforesaid That if after the said Feast of Saint Michael the Archangel next coming any Writ of Dower unde nihil habet or any writ of Entry whereupon a common Recovery is to be sued or Writs of Right of Advowson be returnable a die Sancti Michaelis in tres septimanas then a day shall be given in Octabis Sancti Martini if a die Sancti Michaelis in unum mensem then in Quindena Sancti Martini if in Crastino animarum then in Octabis Sancti Hillarii if in Crastino Sancti Martini then in Quindena Sancti Hillarii if in Octabis Sancti Martini then in Crastino Purificationis beatae Mariae if in Quindena Sancti Martini then in Octabis Purificationis beatae Mariae if in Octabis Sancti Hillarii then in Quindena Paschae if in Quindena Sancti Hillarii then a die Paschae in tres septimanas if in Crastino Purificationis beatae Mariae then a die Paschae in unum mensem if in Octabis Purificationis beatae Mariae then a die Paschae in quinque septimanas if in Quindena Paschae then in Crastino Ascentionis Domini if a die Paschae in tres septimanas then in Crastino Sanctae Trinitatis if in Mense Paschae then in Octabis Sanctae Trinitatis if in Quinque septimanas Paschae then in Quindena Sanctae Trinitatis if in Crastino Ascentionis Domini then a die Sanctae Trinitatis in tres septimanas if in Crastino Sanctae Trinitatis then a die Sancti Michaelis in tres septimanas if in Octabis Sanctae Trinitatis then a die Sancti Michaelis in unum mensem if in Quindena Sanctae Trinitatis then in Crastino Animarum if a die Sanctae Trinitatis in tres septimanas then in Crastino Sancti Martini Provided nevertheless and be it likewise enacted by the Authority aforesaid In writs of Dower after issue joyned fifteen dayes between the Teste and return sufficient that in all writs of Dower Unde Nihil habet after issue joyned it shall not be néedful or requisite to have above fifteen dayes betwixt the Teste and Return of the Venire facias or any other Process to be sued out for the trial of the said issue but that the Writ of Venire facias and other Process after Issue joyned untill judgment be given having only fifteen dayes betwéen the Teste and Return thereof shall be good and effectual in Law as is used in personal Actions any Law Statute or usage to the contrary heretofore notwithstanding And be it further enacted by the Authority aforesaid Crastino Ascentionis a good return that from and after the Feast of Saint Michael the Archangel now next coming the said day of Return called Crastino Ascentionis Domini shall be a good and perfect Return to all intents and purposes as any other of the said dayes of Return before mentioned is or hath béen used notwithstanding there be not fiftéen dayes between the quarto die of the said Return of Crastino Ascentionis Domini
The Essoin dayes and the Essoin day of the Return of Crastino Sanctae Trinitatis And be it further enacted Writs in personal actions hauing day from tres Michaelis till Crastino Ascentionis good Proviso for writs returnable 1641. Exp. That all Writs and Process in personal Acttions hereafter to be made out of any of his Majesties said Courts at Westminster and having day from tres Michaelis untill Crastino Animarum shall be good and effectual in Law notwithstanding there be not fiftéen dayes betwixt the quarto die of the said tres septimanas sancti Michaelis and the dayes of Essoin of Crastino Animarum Any Law Statute or Vsage to the contrary heretofore notwithstanding Provided alwayes and be if further Enacted by the Authority aforesaid that all writs and Process to be made from and after the Feast of Easter in the year of our Lord God 1641. Returnable in Octabis or Quindena sancti Michaelis now next ensuing or having dayes betwixt any of the said Returns shall by force of this Act have day unto tres septimanas sancti Michaelis next and the parties to the said writs and Process shall then appear and plead and procéed thereupon to all intents and purposes as if the said Writs and Process had béen made returnable a die sancti Michaelis in tres septimanas And whereas before the making of this Act Writs of summons ad Warrantizandum upon common recoveries and writs of Right of Advowson abridged to five Returns all Writs of Summons ad Warrantizand against the Vouchées upon Common Recoveries had in writs of Entry and writs of Right of Advowson were made for nine Returns inclusive Now for the more spéedy perfecting of such Recoveries Be it Enacted by the Authority aforesaid that from and after the said Feast of Saint Michael the Archangel next all and every such writs of Summons ad Warrantizand upon the appearance of the Tenant to every such writ of Entry and writ of Right of Advowson shall and may be made and abridged to five Returns as writs of Summons ad Warrantizand in writs of Dower unde nihil habet heretofore have been used and accustomed And it is further Enacted by the Authority aforesaid that all common writs and Process Common writs process to keep the aforesaid returns as well personal as mixt which shall fortune to be returnable in the said Michaelmas Term shall have and kéep the said Returns of A die sancti Michaelis in tres septimanas a die sancti Michaelis in unum mensem in Crastino animarum in Crastino Sancti Martini in Octabis Sancti Martini and a die Sancti Martini in Quindecem dies or any of them Provided alwayes And it is further Enacted by the authority aforesaid Special dayes may be appointed as have been used Dayes in assise of Darrein presentment and in plea of quare impedit and in attaint not contrary hereto shall be firm that in such and like cases and Process as special dayes have béen used to be appointed and assigned and given for the returning of writs and Process It shall be lawful to the Iustices of every of the Kings said Courts of Record for the time being in all the Process by them awarded to assign and appoint special dayes of Returns as by their discretions shall be thought convement Provided also and be it further Enacted by the Authority aforesaid That the dayes in Assise of Darrein presentment and in Plea of Quare Impedit limited and appointed by the Statute of Marlebridge and also the dayes to be given in Attaint limited in the Statute made in the fifth year of the Reign of the Noble King Edward the third And also in the Statute made in the thrée and twentieth year of the Raign of the late King Henry the eighth of worthy memory being not contrary to the Tenours of this Act shall be holden firm and stable and shall stand in their full force and effect CAP. VII 1 Stat. 12. Car. 2. cap. 1. This Parliament shall not be Dissolved Prorogued or Adjourned but by Act of Parliament EXP. CAP. VIII Tunnage and Poundage A Subsidy Granted to the King of Tunnage Poundage and other sums of Money payable upon Merchandize Exported and Imported from the 25th of May 1641. to the 14th of July next EXP. CAP. IX Provision of Money for the speedy Disbanding the Armies and setling the Peace of the two Kingdoms of England and Scotland by raising and charging several sums of Money upon persons according to their Ranks Dignities Offices Callings Estates and Qualities therein mentioned and Commissioners to issue for levying the same EXP. CAP. X. For Regulating the Privy Councel and for taking away the Star-Chamber-Court Recital of Maâ—â—-Châ—rlâ— and several Statutes St. 3. li. 7. 1. 5 E. 3. cap. 9. VVHereas by the Great Charter many times confirmed in Parliament It is Enacted That no Fréeman shall be taken or imprisoned or disseised of his Fréehold or Liberties or Frée Customs or be Outlawed or exiled or otherwise destroyed and that the King will not pass upon him or condemn him but by lawful Iudgment of his Péers or by the Law of the Land And by another Statute made in the fifth year of the Reign of King Edward the Third It is Enacted That no man shall be attached by any accusation nor fore-judged of life or limb nor his Lands Tenements Goods nor Chattels seised into the Kings hands against the form of the Great Charter and the Law of the Land and by another Statute made in the five and twentieth year of the Reign of the same King Edward the Third 25 E. 3. cap. 4. Stat. 5. It is accorded assented and established that none shall be taken by petition or suggestion made to the King or to his Councel unless it be by Indictment or Presentment of good and lawful people of the same Neighbourhood where such Déeds be done in due manner or by Process made by Writ Original at the Common Law and that none be put out of his Franchise or Free-hold unless he be duly brought in to answer and foreiudged of the same by the course of the Law and if any thing be done against the same it shall be redressed and holden for none 28 E. 3. cap. 3. And by another Statute made in the eight and twentieth year of the reign of the same King Edward the Third It is amongst other things Enacted That no man of what Estate or condition soever he be shall be put out of his Lands or Tenements nor taken nor imprisoned nor disinherited without being brought in to answer by due process of Law And by another Statute made in the two and fortieth year of the Reign of the said King Edward the Third 42 E. 3. c. 3. It is Enacted That no man be put to answer without presentment before Iustices or matter of Record or by due process and writ original according to the Old Law of
the Land and if any thing be done to the contrary it shall be void in Law and holden for error And by another Statute made in the six and thirtieth year of the same King Edward the Third 36 E. 3. c. 15. It is amongst other things Enacted That all pleas which shall be pleaded in any Courts before any the Kings Iustices or in his other places or before any of his other Ministers or in the Courts and places of any other Lords within the Realm shall be entred and inrolled in Latine And whereas by the Statute made in the third year of King Henry the seventh 3 H. 7. cap. 1. power is given to the Chancellor the Lord Treasurer of England for the time being and the Kéeper of the Kings Privy Seal or two of them calling unto them a Bishop and a Temporal Lord of the Kings most Honourable Councel and the two Chief Iustices of the Kings Bench and Common Pleas for the time being or other two Iustices in their absence to procéed as in that Act is expressed for the punishmâ—â—â— of some particular offences therein mentioned And by the Statute made in the One and tâ—â—ntieth year of King Henry the Eighth 21 H. 8. cap. 20 The President of the Councel is associated to joyn with the Lord Chancellor and other Iudges in the said Statute of the third of Henry the seventh mentioned But the said Iudges have not kept themselves to the points limited by the said Statute but have undertaken to punish where no Law doth warrant and to make Decrées for things having no such Authority and to inflict heavier punishments then by any Law is warranted All matters â—â—â—minable in 〈◊〉 Star-Chamber maâ— be â—â—â—â—â—nable and 〈◊〉 â—â—o by the Common Law And forasmuch as all matters examinable or determinable before the said Iudges or in the Court commonly called the Star-Chamber may have their proper remedy and redress and their due punishment and correction by the Common Law of the Land and in the Ordinary course of Iustice elswhere and forasmuch as the reasons and motives inducing the erection and continuance of that Court do now cease and the procéedings Censures and Decrées of that Court have by experience been found to be an intolerable burthen to the Subject and the means to introduce an Arbitrary Power and Government And forasmuch as the Councel-Table hath of late times assumed unto it self a power to intermeddle in Civil causes and matters only of private interest betwéen party and party and have adventured to determine of the Estates and Liberties of the Subiect contrary to the Law of the Land and the Rights and Priviledges of the Subject by which great and manifold mischiefs and inconveniencies have arisen and happened and much incertainty by means of such procéedings hath béen conceived concerning Mens Rights and Estates For setling whereof and preventing the like in time to come Be it Ordained and Enacted by the Authority of this present Parliament Court of Star-Chamber and all its powers dissolved That the said Court commonly called the Star-Chamber and all Iurisdiction Power and Authority belonging unto or exercised in the same Court or by any the Iudges Officers or Ministers thereof be from the first day of August in the year of our Lord God One thousand six hundred forty and one clearly and absolutely dissolved taken away and determined and that from the said first day of August neither the Lord Chancellor or Kéeper of the Great Seal of England the Lord Treasurer of England the Kéeper of the Kings Privy-Seal or President of the Councel nor any Bishop Temporal Lord Privy-Councellor or Iudg or Iustice whatsoever shall have any power or authority to hear examine or determine any matter or thing whatsoever in the said Court commonly called the Star-Chamber or to make pronounce or deliver any Iudgment Sentence Order or Decrée or to do any Iudicial or Ministerial Act in the said Court And that all and every Act and Acts of Parliament and all and every Article clause and sentence in them and every of them by which any Iurisdiction power or Authority is given limited or appointed unto the said Court commonly called the Star-Chamber or unto all or any the Iudges Officers or Ministers thereof or for any procéedings to be had or made in the said Court or for any matter or thing to be drawn into question examined or determined there shall for so much as concerneth the said Court of Star-Chamber and the power and authority thereby given unto it be from the said first day of August repealed and absolutely revoked and made void And be it likewise Enacted Like Iurisdiction in several other Courts repealed and taken away That the like Iurisdiction now used and exercised in the Court before the President and Councel in the Marches of Wales and also in the Court before the President and Councel established in the Northern parts And also in the Court commonly called the Court of the Dutchy of Lancaster held before the Chancellor and Councel of that Court And also in the Court of Exchequer of the County Palatine of Chester held before the Chamberlain and Councel of that Court The like Iurisdiction being exercised there shall from the said first day of August One thousand six hundred forty and one be also repealed and absolutely revoked and made void any Law prescription custome or usage Or the said Statute made in the third year of King Henry the seventh Or the Statute made the One and twentieth of Henry the Eigth Or any Act or Acts of Parliament heretofore had or made to the contrary thereof in any wise notwithstanding And that from henceforth no Court Councel No Court or Councel to have the like Iurisdiction or place of Iudicature shall be erected ordained constituted or appointed within this Realm of England or Dominion of Wales which shall have use or exercise the same or the like Iurisdiction as is or hath béen used practised or exercised in the said Court of Star-Chamber Be it likewise declared and Enacted by Authority of this present Parliament The King nor his privy Councel shall have no Iurisdiction over any mans estate That neither his Majesty nor his Privy-Councel have or ought to have any Iurisdiction power or authority by English Bill Petition Articles Libel or any other Arbitrary way whatsoever to examine or draw into question determine or dispose of the Lands Tenements Hereditaments Goods or Chattels of any the Subjects of this Kingdome But that the same ought to be tryed and determined in the ordinary Courts of Iustice and by the ordinary course of the Law And be it further provided and Enacted That if any Lord Chancellor Penalties upon great Officers and others for the first offence or Kéeper of the Great Seal of England Lord Treasurer Kéeper of the Kings Privy Seal President of the Councel Bishop Temporal Lord Privy Councellor Iudg or Iustice whatsoever shall offend or do
time wherein the said offence shall be committed CAP. XI A Repeal of the Branch of a Statute primo Elizabethae concerning Commissioners for Causes Ecclesiastical VVHereas in the Parliament holden in the first year of the reign of the late Quéen Elizabeth late Quéen of England there was an Act made and established Intituled An Act restoring to the Crown the antient Jurisdiction over the State Ecclesiastical and Spiritual St. 1 Eliz. 2 and abolishing all Forreign Power repugnant to the same In which Act amongst other things there is contained one Clause Branch Article or Sentence whereby it was Enacted to this effect Namely That the said late Quéens Highness her Heirs and Successors Kings or Quéens of this Realm should have full power and authority by vertue of that Act by Letters Patent under the Great Seal of England to assign name and authorite when and as often as her Highness her Heirs or Successors should think méet and convenient and for such and so long time as should please her Highness her Heirs or Successors such person or persons being natural born Subjects to her Highness her Heirs or Successors as her Majesty her Heirs or Successors should think méet to exercise use occupy and execute under her Highness her Heirs and Successors all manner of Iurisdictions Priviledges and preheminence in any wise touching or concerning any Spiritual or Ecclesiastical Iurisdiction within these her Realms of England and Ireland or any other her Highnesse Dominions and Countries and to visit reform redresse order correct and amend all such errors heresies schismes abuses offences contempts and enormities whatsoever which by any manner Spiritual or Ecclesiastical power Authority or Iurisdiction can or may lawfully be reformed ordered redressed corrected restrained or amended to the pleasure of Almighty God the increase of vertue and the conservation of the Peace and Vnity of this Realm And that such person or persons so to be named assigned authorized and appointed by her Highness her Heirs or Successors after the said Letters Patents to him or them made and delivered as aforesaid should have full power and Authority by vertue of that Act and of the said Letters Patents under her Highness her Heirs or Successors to exercise use and execute all the Premisses according to the tenor and effect of the said Letters Patents any matter or cause to the contrary in any wise notwithstanding And whereas by colour of some words in the aforesaid Branch of the said Act High Commission Court whereby Commissioners are Authorized to execute their Commission according to the tenor and effect of the Kings Letters Patents and by Letters Patents grounded thereupon the said Commissioners have to the great and insufferable wrong and oppression of the Kings Subjects used to fine and imprison them and to exercise other Authority not belonging to Ecclesiastical Iurisdiction restored by that Act and divers other great mischiefs and inconveniences have also ensued to the Kings Subjects by occasion of the said Branch and Commissions issued thereupon and the executions thereof Therefore for the repressing and preventing of the aforesaid abuses mischiefs and inconveniencies in time to come Be it Enacted by the Kings most Excellent Majesty The said branch of the stat 1 El. c. 2. repealed and the Lords and Commons in this present Parliament Assembled and by the Authority of the same That the foresaid Branch Clause Article or Sentence contained in the said Act and every word matter and thing contained in that Branch Clause Article or Sentence shall from henceforth be repealed annulled revoked annihilated and utterly made void for ever any thing in the said Act to the contrary in any wise notwithstanding Rep. St. 13 Car. 1. cap. 11. And be it also Enacted by the Authority aforesaid that no Archbishop Bishop Power taken away from Archbishops Bishops and other Ecclesiastical persons and Courts Exp. St. 13. Car. 2. c. 12. nor Vicar-General nor any Chancellor Official nor Commissary of any Arch-bishop Bishop or Vicar-General nor any Ordinary whatsoever nor any other Spiritual or Ecclesiastical Iudg Officer or Minister of Iustice nor any other person or persons whatsoever exercising Spiritual or Eccesiastical Power Authority or Iurisdiction by any Grant License or Commission of the Kings Majesty his Heirs or Successors or by any power or authority derived from the King his Heirs or Successors or otherwise shall from and after the first day of August which shall be in the year of our Lord God one thousand six hundred forty and one award impose or inflict any pain penalty fine amerciament imprisonment or other corporal punishment upon any of the Kings Subjects for any contempt misdemeanor crime offence matter or thing whatsoever belonging to Spiritual or Ecclesiastical cognizance or Iurisdiction Oath ex officio St. 13 Car. 2. cap. 12. or shall ex officio or at the instance or promotion of any other person whatsoever urge enforce tender give or minister unto any Churchwarwarden Sydeman or other person whatsoever any corporal Oath whereby he or she shall or may be charged or obliged to make any presentment of any crime or offence or to confess or to accuse himself or her self of any crime offence delinquency or misdemeanor or any neglect matter or thing whereby or by reason whereof he or she shall or may be lyable or exposed to any censure pain penalty or punishment whatsoever upon pain and penalty that every person who shall offend contrary to this Statute Penalty treble damages and one hundred pounds shall forfeit and pay treble damages to every person thereby grieved and the sum of One hundred pounds to him or them who shall first demand and sue for the same which said Treble damages and sum of One hundred pounds shall and may be demanded and recovered by Action of Debt Bill or Plaint in any Court of Record wherein no priviledg Offendors convicted disabled from any office or imployment by the Kings Letters Patents Essoin protection or wager of Law shall be admitted or allowed to the Defendant And be it further Enacted That every person who shall be once convicted of any act or offence prohibited by this Statute shall for such act or offence be from and after such conviction utterly disabled to be or continue in any office or imployment in any Court of Iustice whatsoever or to exercise or execute any power authority or jurisdiction by force of any Commission or Letters Patents of the King his Heirs or Successors And be it further Enacted That from and after the said first day of August No new Court to be erected with the like power no new Court shall be erected ordained or appointed within this Realm of England or Dominion of Wales which shall or may have the like power jurisdiction or Authority as the said High Commission Court now hath or pretendeth to have But that all and every such Letters Patents Commissions and Grants made or to be made by his
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
hundred fourty and one shall put in execution any Letters Patents Proclamation Edict Act Order Warrant Restraint or other Inhibition whatsoever whereby the Importation of Gun-powder Salt-peter Brimstone or other the materials aforementioned or any of them from Forraign parts or the making of Gun-powder within this Realm shall be any way prohibited or restrained That then the said person and persons so offending shall incur and sustain the pains penalties and forfeitures contained and provided in the Statute of provision and premunire made in the Sixtéenth year of King Richard the Second CAP. XXII A Subsidy granted to the King of Tunnage Poundage and other sums of Money Tunnage Poundage payable upon Merchandize Exported and Imported from the 9th of August 1641. to the first of December next EXP. CAP. XXIII An Act for the better raising and Levying of Mariners Sailers and others Mariners for the present guarding of the Seas EXP. CAP. XXIV For Relief of Captives taken by Turkish and other Pyrats Captive and one per Cent. on Customable goods for three years to be paid and received by the Lord Mayor and Chamberlain of London for that purpose EXP. CAP. XXV A Subsidy granted to the King of Tunnage Poundage c. from the last of November 1641. Tunnage Poundage to the first of February next and the like until the second of July 1642. EXP. CAP. XXVI For the better Raâ—sing and Levying of Mariners Sailers and others Mariners for the present guarding of the Seas EXP. CAP. XXVII Persons in Holy Orders shall not exercise certain temporal powers and authorities Persons in Holy Orders REP. Stat. 13 Car. 1. cap. 2. CAP. XXVIII For the better Raising and Levying of Souldiers for the present defence of the Kingdoms of England and Ireland Souldiers EXP. CAP. XXIX A Subsidy granted to the King of Tunnage and Poundage Tunnage Poundage and other sums of Money payable upon Merchandize Exported and Imported from the last of January 1641. to the 25th of March next ensuing EXP. CAP. XXX A Contribution and Loan towards the Relief of Ireland Contribution EXP. CAP. XXXI A Subsidy granted to the King of Tunnage and Poundage Tunnage Poundage and other sums of Money payable upon Merchandize exported and imported from the second of May 1642. to the second of July next following EXP. CAP. XXXII For the Raising and Levying of Moneys for the necessary defence and great affairs of the Kingdoms of England and Ireland and for the payment of Debts undertaken by the Parliament Ireland EXP. CAP. XXXIII An Act for the speedy and effectual reducing of the Rebels in Ireland EXP. CAP. XXXIV Certain Clauses explaining another Act for the reducing the Rebels in Ireland EXP. CAP. XXXV Corporations and Bodies Politick enabled to partake of the benefit of an Act for reducing the Rebels in Ireland EXP. CAP. XXXVI A Subsidy granted to the King of Tunnage Poundage and other sums of Money Tunnage Poundage payable upon Merchandize exported and imported from the 14th of March 1641. to the third of May next ensuing EXP. CAP. XXXVII For the further advancement of an effectual and speedy Reduction of the Rebels in Ireland EXP. Anno Regni Caroli II. Regis Angliae Scotiae Franciae Hiberniae Duodecimo AT the Parliament begun at Westminster the Five and twentieth day of April Anno Dom. 1660. In the Twelfth Year of the Reign of Our most Gracious Soveraign Lord CHARLES the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. And there continued until the Nine and twentieth day of December then next following and then Dissolved by his Majesty To the high pleasure of Almighty God and to the weal publick of this Realm were Enacted as followeth CAP. I. The Assembling and Sitting of this present Parliament St. 17 Car. 1. cap. 7. St. 13 Car. 2. cap. 1. The Parliament begun 3 Nov. 16 Car. declared to be dissolved St. 13 Car. 2. cap. 1 The Lords and Commons now sitting declared to be the two Houses of Parliament FOr the preventing all Doubts and Scruples concerning the Assembling Sitting and Procéeding of this present Parliament Be it Declared and Enacted and it is Declared and Enacted by the King our Soveraign Lord and by the Lords and Commons in Parliament assembled and by Authority of the same That the Parliament begun and holden at Westminster the third day of November in the Sixtéenth year of the Reign of the late King CHARLES of blessed Memory is fully Dissolved and Determined And that the Lords and Commons now sitting at Westminster in this present Parliament are the Two Houses of Parliament and so shall be and are hereby Declared Enacted and Adjudged to be to all Intents Constructions and purposes whatsoever notwithstanding any want of the Kings Majesties Writ or Writs of Summons or any Defect or Alteration of or in any Writ or Writs of Summons or any other Defect or Default whatsoever as if this Parliament had béen Summoned by Writ or Writs in his Majesties Name according to the usual Form and as if His Majesty had béen present in person at the Assembling and Commencement of this present Parliament Provided alwayes That this Parliament may be dissolved by his Majesty after the usual manner as if the same had béen summoned by Writ or Writs in his Majesties Name The Kings assent to this Act shall not determine this Session Provided also and it is hereby Enacted That His Majesties Royal Assent to this Bill shall not determine this present Session of Parliament CAP. II. An Act for putting in Execution an Ordinance mentioned in the said Act for an Assessment of 70000 l. per mensem for three Months EXP. CAP. III. Process and Judicial Proceedings Continued WHereas the four first Returns of Easter Term in the year One thousand six hundred sixty of late called from Easter day in fiftéen dayes from Easter day in thrée wéeks from Easter day in one Moneth and from Easter day in five wéeks or any of them cannot be conveniently kept or holden Now for avoiding all manner of discontinuances whatsoever which by occasion thereof should or might happen or be in any Matter or cause whatsoever Process Writs c. shall not be discontinued for not holding certain dayes of Return in any the Courts at Westminster Be it Enacted by the Kings most Excellent Majesty and the Lords and Commons Assembled in Parliament That no Pleas Writs Bills Actions Suits Plaints Process Precepts or other thing or things whatsoever Pleaded Returned or Depending or having day or dayes in any of the said Courts in or at the said several Returns or any of them or at any other day or dayes certain after any of the said Returns shall be in any wise discontinued or put without day for or by reason of the not kéeping or holding of the said Returns or dayes or any of them but that all
and singular the said Pleas Writs Bills Actions Suits Plaints Process Precepts and other the Premises aforesaid shall stand continue and be good and effectual in Law to all Intents and Purposes as if the said Returns and dayes and every of them had béen actually kept and holden in all and every the said Courts Any Law Statute Custome or Vsage to the contrary thereof in any wise notwithstanding The said Writs Process Pleas c. returnable pleadable at a certain day And be it further Enacted by the Authority aforesaid That all Pleas Writs Bills Actions Suits Plaints Process Precepts and other thing or things whatsoever aforesaid pleadable or to be pleaded Returnable or to be Returned or having day in any manner whatsoever at any of the said Returns or any day or dayes certain after any of the said Returns Be and are hereby continued and adjourned unto and shall and may be Pleaded Returned Heard and Determined in the respective Courts aforesaid at or on the fifth Return of the said Term of late called In the morrow of the Ascension of our Lord And that all parties in any Pleas Writs Bills Actions Suits Plaints Process or other thing or things whatsoever having dayes given them at any of the said four first Returns or at any other day or dayes certain after any of the said Returns in the said Courts or any of them by vertue of this present Act have the said Return of late called In the morrow of the Ascension of our Lord prefixed them therein And that all Sheriffs Officers and other Ministers whatsoever and every of them respectively kéep in their hands all Writs Bills Process and Precepts and all other things whatsoever in them directed respectively Returnable or to be Returned in the several Courts aforesaid at the said four first Returns or any of them in or at any day certain as aforesaid until the said fifth Return of late called The morrow of the Ascension of our Lord and then Return the same into the said several Courts respectively That such proceedings may be then had thereupon as should have béen had in case the said four first Returns had béen kept and holden And be it further Enacted by the Authority aforesaid That no Writs Process Plaints Process Writs Pleas c. under certain titles and names may be prosecuted and proceeded upon Pleas Informations Indictments or Iudicial proceedings had Commenced or prosecuted before the fifth day of May in the said year of our Lord one thousand six hundred sixty in the Name Stile Title or Test of Custodes Libertatis Angliae Authoritate Parliamenti or in the Name Stile Title or Test of The Keepers of the Liberty of England by Authority of Parliament or in the Name Stile Title or Test of Oliver Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions thereunto belonging or in the Name Stile Title or Test of Oliver Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging or in the Name Stile Title or Test of Richard Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging shall be put without day abated quashed or discontinued by his Majesties most just re-assumption of the actual Exercise of his Kingly Government in this Kingdom nor shall the same be cause of Errour Abatement or Discontinuance but that all such Writs Process Plaints Pleas Informations Indictments and Iudicial Procéedings and all Commissions for taking of Answers or Examination of Witnesses Commission for taking of Fines and Warrants of Attorney Guardians or Prochein-Amy shall stand and be continued and shall and may be procéeded upon prosecuted and returned notwithstanding the same were commenced or prosecuted in English and notwithstanding the present happy Change and Restitution of his Majesties Name and Stile in Iudicial Procéedings And be it further Enacted by the authority aforesaid Process and proceedings in English in Courts of Iustice to continue EXP. That one pretended Act made in the year of our Lord 1650. entituled An Act for turning the Books of the Law and all Process and Proceedings in Courts of Justice into English shall stand and be in force as if the same had béen a good and effectual Act from the first Return of Easter Term in the year of our Lord 1651. untill the first day of August in the year of our Lord 1660. and no longer And whereas by one other pretended Act made in the said year of our Lord 1650. entituled An Act touching Corn and Meal It was Enacted or mentioned to be Enacted That from and after the twentieth day of November 1650. It should and might be lawfull to and for any person or persons Defendant or Tenant for or by reason of any matter to be pleaded set forth or alledged in Bar to any Action Real Personal or mixt in any Court of Record to plead the General Issue of Not Guilty or the like General Issue proper to the Nature of the Action or Suit commenced and for his or their Discharge or Acquitting to give any such matter in evidence to the Iury that shall try the same and that the said matter shall be as available to such person or persons Defendant or Tenant to all intents and purposes as if the said matter had béen specially pleaded set forth or alledged in Bar of such action Be it further Enacted That the said pretended Act Pleading the General Issue as touching the pleading of the General Issue shall by authority hereof stand and be in full force and effect according to the Tenor thereof until the said first day of August as if the same had béen a good and effectual Act of Parliament EXP. and no longer Provided alwayes That where the General Issue hath béen since the said twentieth day of November 1660. pleaded or shall before the said first day of August in the said year of our Lord 1660. be pleaded in any action That then upon the Tryal of the said Cause such Evidence shall and may be allowed as if the said pretended Act touching the pleading of the General Issue had béen and continued a good and effectual Act of Parliament not determined or discontinued Provided also That his Majesties Royal assent to the passing of this Bill shall not extend His Majesties Assent to this Bill doth not determine the Session All Writs Patents Commissions c. to issue in the Kings name as formerly or be construed to extend to the determining of the Session of this present Parliament Provided nevertheless and be it Enacted That all Writs Patents and Commissions for Constituting Iustices of either Bench and Barons of the Exchequer Commissions of Oyer and Terminer and Gaol-Delivery and Precepts upon Commissions of Oyer and Terminer and Gaol-Delivery and all other Commissions hereafter to be made by the Clerk of the Crown in the Chancery Charters and Letters Patents under the
persons to ship carry out and transport by way of Merchandize these several sorts of Goods following that is to say Gun-powder when the same doth not excéed the price of five pounds the Barrel And Wheat Rye Pease Beans Barley Mault and Oats Béef Pork Bacon Butter Chéese Candles when the same do not excéed in price at the Ports from whence they are Laden and at the time of their Lading these prises following That is to say Wheat the Quarter Forty shillings Rye Beans and Pease the Quarter Twenty four shillings Barley and Mault the Quarter twenty shillings Oats the Quarter Sixtéen shillings Béef the Barrel Five pounds Pork the Barrel Six pounds ten shillings Bacon the pound Six pence Butter the Barrel Four pounds ten shillings Chéese the Hundred One pound ten shillings Candles the dozen pound Five shillings paying the respective Rates appointed by this Act and no more Any former Law Statute Prohibition or Custome to the contrary in any wise notwithstanding His Majesty by Proclamation may prohibit transporting Gun-powder Arms and Ammunition out of England 1. Stat. 17. Car. 1. cap. 21. An additional Subsidy upon Wines over and above the forementioned rates Security to be given by the Importer The said Subsidy to be repaid upon exportation Provided alwayes That it shall be frée and lawful for his Majesty at any time when he shall sée cause so to do and for such time as shall be therein expressed by Proclamation to prohibit the Transporting of Gun-powder or any sort of Arms or Ammunition into any parts out of this Kingdome Any thing in this Act contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That over and above the Rates herein before mentioned there shall be paid unto your Majesty of every Ton of Wine of the Growth of France Germany Portugal or Madera brought into the Port of London or elsewhere the sum of thrée pounds of currant English money within the space of Nine moneths after the Importing And of every Ton of all other Wines brought in as aforesaid the sum of Four pounds of like currant Money within the space of Nine months after the Importing thereof For the payment of which duties accordingly the Importer shall give good Security And if any of the said Wines for which the additional Duty in this clause mentioned is paid or secured at the Importation be Exported within twelve moneths after their Importation then the foresaid additional Duty in this clause mentioned shall be returned or the security discharged as to so much as shall be so Exported And if at the Importation the Importer shall pay for the same ready money he shall be allowed after the Rate of Ten per Cent. for a year All Wines discharged of Excise And be it further Enacted That from and after the said Four and twentieth day of July all manner of Wines whatsoever to be Imported in the Port of London or elsewhere shall be fréed and discharged of and from the Imposition of Excise Prisage wines not to pay any custome or subsidy Provided and it is hereby Declared and Enacted That the prisage of Wines or prise-Wines ought not to pay Tonnage nor Custome and shall not be charged with the payment of any Custome Subsidy or sum of money Imposed upon Wines by this Act or any thing therein contained Stat. 13 Car. 2. cap. 7. CAP. V. For continuing the Excise untill the Twentieth of August 1660. EXP. Stat. 13 Car. 2. cap. 7. CAP. VI. For the present Nominating of Commissioners of Sewers His Majesty not yet having constituted any Treasurer of England or Chief Justice of either Bench according to the Stat. of 20 H. 8. EXP. and the said Statute of H. 8. to continue in force CAP. VII Marquess of Ormond An Act for restoring unto James Marquess of Ormond All his Honours Manors Lands and Tenements in Ireland whereof he was in possession on the Three and twentieth day of October One thousand six hundred forty and one or at any time since PR CAP. VIII For continuing the Excise till the Five and twentieth Day of December One thousand six hundred and sixty EXP. Stat. 13 Car. 2. cap. 7. CAP. IX For the speedy Provision of Money for Disbanding and Paying off the Forces of this Kingdom both by Land and Sea by a contribution of all persons according to their several Ranks and Degrees EXP. CAP. X. Explanations of certain defaults in an Act Entituled An Act for the speedy Provision of Money for Disbanding and Paying off the Forces of this Kingdom both by Land and Sea CAP. XI The Kings Majesties most gracious Free and General Pardon Indempnity and Oblivion THe Kings most Excellent Majesty taking into His Gracious and Serious consideration the long and great Troubles Discords and Wars The Causes and Ends of this Pardon and Indempnity that have for many years past béen in this Kingdom and that divers of His Subjects are by occasion thereof and otherwise faln into and be obnoxious to great pains and penalties Out of a hearty and pious Desire to put an end to all Suits and Controversies that by occasion of the late Distractions have arisen or may arise betwéen all His Subjects The General Pardon And to the intent that no Crime whatsoever committed against His Majesty or His Royal Father shall hereafter rise in Iudgment or be brought in Question against any of them to the least endamagement of them either in their Lives Liberties Estates or to the prejudice of their Reputations by any Reproach or Term of Distinction And to bury all Séeds of future Discords and remembrance of the former as well in his own Breast as in the Breasts of His Subjects one towards another And in performance of His Royal and Gracious Word signified by His Letters to the several Houses of Parliament now assembled and His Declarations in that behalf published Is pleased that it may be Enacted And be it Enacted by the Kings most Excellent Majesty with the advice and consent of the Lords and Commons in this present Parliament assembled First That all and all manner of Treasons Misprisions of Treason Murthers Felonies Offences Crimes Contempts and Misdemeanors Counselled Commanded Acted or done since the first day of January in the year of Our Lord One thousand six hundred thirty seven by any person or persons before the Twenty fourth day of June in the year of Our Lord One thousand six hundred and sixty other then the persons hereafter by name excepted in such manner as they are hereafter excepted by vertue or colour of any command power Authority Commission or Warrant or Instructions from his late Majesty King Charles or His Majesty that now is or from any other person or persons deriving or pretending to derive authority mediately or immediately from both or either of their Majesties or by vertue or colour of any Authority derived mediately or immediately of or from both Houses or either House of
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
And it is further provided and Enacted That every person or persons hereby pardoned may plead the General Issue without special pleading of this Pardon and give this Act of Pardon in evidence for his discharge and that the same shall be thereupon allowed and the advantage thereof had as fully to all intents and purposes as if the same had béen fully and well pleaded And in such manner as any Iustice of the peace Constable or other Officer questioned for matters acted by them as Officers or in execution of their Offices may have advantage of the matter of their Iustification upon the General Issue by them pleaded by the Laws and Statutes of this Kingdom Thefts and Felonies since the fourth of March 16â—9 excepted Provided also That this Act nor any thing therein contained shall extend or be interpreted to extend to pardon any person or persons whatsoever for any Theft or Stealing of any Goods or other Felonies since the fourth day of March in the year of our Lord one thousand six hundred fifty and nine any thing in this Act contained to the contrary thereof in any wise notwithstanding This Act not to extend to goods to be restored upon an Act for Repeal of two Acts for Sequestrations Provided also That neither this Act nor any thing therein contained shall extend to acquit or discharge any person or persons from making restitution of all such Rents sums of Money Horses Cattel or other Goods which by a certain Act or pretended Act lately made intituled An Act for Repeal of two Acts for Sequestrations are required to be restored to those from whom they were taken Nor shall this present Act be construed to Disable or Bar the respective Owners or Proprietors of and from their several and respective Actions or Suits at Law or in equity for or by reason of the said or any other Rents Moneys Horses Cattle or Goods which since the five and twentieth day of Iuly one thousand six hundred fifty and nine have béen by any person or persons wrongfully received or taken away and for which the said Wrong-doers are not in any wise Indempnified by the said or any other Act of Repeal Goods c. sequestred and actually paid in to any publicks Treasury And be it further Enacted by the authority aforesaid That no person or persons who by vertue of any Order or Warrant mediately or immediately derived from his late Majesty or His Majesty that now is or by vertue of any Act Ordinance or Order of any or both Houses of Parliament or any of the authorities aforesaid or any Committée or Committées acting under them or any of them have seized sequestred levied advanced or paid to any publick use or into any publick Treasury within this Kingdom any Goods Chattels Debts Rents sum or sums of money belonging to any person or persons whatsoever shal hereafter be sued molested or drawn into question for the same but that they and every of them shall be discharged against all persons for so much and no more of the said Goods Chattels Debts Rents sum or sums of money as their several and respective Orders of discharge or acquittances extend unto Persons who have received money privately for his Majesties supply to accompt Provided also That nothing herein contained shall extend to discharge any person or persons who have béen by private order or Instructions imployed and intrusted or have undertaken the imployment to receive any sum or sums of money for the Kings Majesties Service or Supply since the year one thousand six hundred forty and eight from making their accompts for the same Provided also That this Act shall not extend to pardon or discharge from accompts to the Kings Majesty any person or persons for any sum or sums of money received for that Illegal Tax of Decimation Moneys received upon Decimation not pardoned or upon the accompt of any Militia setled or acted in since one thousand six hundred forty and eight and not accompted for or paid over or discharged to or by any that had authority or pretended authority to discharge the respective Receivers of the same Provided also That if any person or persons being His Majesties Menial Servant or Servants or having or pretended to have received particular Instructions or Directions from his Majesty have during the time of such his or their relation unto his Majesty or whilst he or they were acting or pretending to Act for His Majesties Interest in pursuance of the said Instructions or directions Wilfully Maliciously and Trayterously held Intelligence with any forreign Prince or Princes Persons that have had Directions or Instruction from his Majestie and have betrayed their trust or his Majesties Councels excepted State or States or with any person or persons usurping Supreme authority in this Kingdom or other his Majesties Dominions or with their or either of their Ministers or Agents and without his Majesties license and to the intent to betray His Majesties person or Councels or have received any sum or sums of money or pension for such Treachery that then such person or persons as to the offence in this proviso mentioned shall be and is hereby excepted out of this Act any thing herein contained to the contrary notwithstanding so as such person or persons be out-lawed or otherwise legally convicted of such offence or offences within the space of two years from the five and twentieth day of April one thousand six hundred and sixty Duties upon Excise and from Farmers thereof excepted Provided That this Act of General Pardon of any thing therein contained shall not extend to the pardoning or discharging of any Debts or Sums of money due to or for the Excise of any Goods or Merchandize whereof any Entries have béen made in the Custom-house which have grown due since the twenty fifth day of March one thousand six hundred fifty and eight or to the pardoning or discharging of any Debts or Sums of money due to the Farmers or pretended Farmers of Excise since the twenty fifth day of March one thousand six hundred fifty and seven Persons excepted by name Provided also that this Act nor any thing therein contained shall extend to pardon discharge or give any other benefit whatsoever unto John Lisle William Say Sir Hardress Waller Valentine Wauton Tho. Harrison Edward Whalley Wil. Heveningham Isaac Penington Henry Martin John Barkstead Gilbert Millington Edmund Ludlow Sir Michael Livesey Robert Titchbourn Owen Row Robert Lilburn Adrian Scroop John Okey John Hewson William Goffe Cornelius Holland Thomas Challoner John Carew John Jones Miles Corbet Henry Smith Gregory Clement Thomas Wogan Edmond Harvey Thomas Scot William Cawley John Downs Nicholas Love Vincent Potter Augustine Garland John Dixwel George Fleetwood Simon Meyn James Temple Peter Temple Daniel Blagrave Thomas Wait John Cook Andrew Broughton Edward Dendy William Hewlet Hugh Peters Francis Hacker Daniel Axtel nor any of them nor of those two persons or either of
them who being disguised by Frocks and Vizors did appear upon the Scaffold erected before Whitehal upon the thirtieth of Ianuary one thousand six hundred forty and eight All which persons for their execrable Treason in sentencing to death or signing the Instrument for the horrid Murder or being instrumental in taking away the precious Life of our late Sovereign Lord Charles the first of Glorious Memory are left to be procéeded against as Traytors to His late Majesty according to the Laws of England and are out of this present Act wholly excepted and foreprized But ingard the said Owen Row Augustine Garland Edmond Harvey Henry Smith Persons that appeared and rendred themselves Henry Martin Sir Hardress Waller Robert Titchbourn George Fleetwood James Temple Thomas Wait Simon Meyn William Heveningham Isaac Penington Peter Temple Robert Lilburn Gilbert Millington Vincent Potter Thomas Wogan and John Downs have personally appeared and rendred themselves according to the Proclamation bearing Date the sixth day of Iune one thousand six hundred and sixty to Summon the persons therein named who gave Iudgement and Assisted in the said Horrid and Detestable Murther of our said late Sovereign to appear and render themselves and do pretend thereby to some favour upon some conceived doubtful Words in the said Proclamation Be it Enacted by this present Parliament and the Authority of the same upon the humble desires of the Lord and Commons in Parliament assembled That if the said Owen Row Augustine Garland Edmond Harvey Henry Smith Henry Martin Sir Hardress Waller Robert Titchburn George Fleetwood James Temple Tho. Wait Simon Meyn William Heveningham Isaac Penington Peter Temple Robert Lilburn Gilbert Millington Vincent Potter Thomas Wogan and John Downs or any of them shall be legally Attainted for the Horrid Treason and Murther aforesaid That then nevertheless the Execution of the said person and persons so Attainted shall be supended until his Majesty by the Advice and Assent of the Lords and Commons in Parliament shall order the Execution by Act of Parliament to be passed for that purpose Except also out of this present Act Oliver Cromwel deceased Henry Ireton deceased John Bradshaw deceased and Thomas Pride deceased Provided That nothing in this Act contained shall extend to discharge the Lands Tenements The Lands and Goods of the persons rendring themselves not excepted St. 13 Car. 2. ca. 15. Goods Chattels Rights Trusts and other the Hereditaments late of the said O. Cromwel Henry Ireton John Bradshaw and Thomas Pride or of Isaac Ewer deceased Sir John Danvers deceased Sir Thomas Maleverer Baronet deceased William Purefoy deceased John Blackiston deceased Sir William Constable Baronet deceased Richard Dean deceased Francis Allen deceased Peregrin Pelham deceased John Moor deceased John Aldred alias Alured deceased Humphry Edwards deceased Sir Gregory Norton Baronet deceased John Venn deceased Thomas Andrews Alderman deceased Anthony Stapely deceased Thomas Horton deceased John Fry deceased Thomas Hamond deceased Sir John Bourchier deceased of and from such pains penalties and forfeitures as by one other Act of Parliament intended to be hereafter passed for that purpose shall be expressed and declared And also excepted out of this present Act William Lord Mounson James Challoner Persons excepted for other penalties not extending to life St. 13. Car. 2. ca. 15. Sir Henry Mildmay Sir James Harrington John Phelps and Robert Wallop All which persons did Act and sit in that Trayterous Assembly which in the moneth of Ianuary one thousand six hundred forty eight Acted and procéeded against the Life of our late Sovereign King Charles the first of blessed Memory and are therefore reserved to such pains penalties and forfeitures not extending to Life as by another Act intended to be passed for that purpose shall be imposed on them And also except Sir Arthur Hesilrig for and in respect onely of such pains penalties and forfeitures not extending to Life as by one Act intended to be hereafter passed for that purpose shall be inflicted and imposed Provided alwayes That John Hutchinson Esquire and Francis Lassels Persons made incapable of any Offices shall be and are hereby made for ever incapable to Execute any Place or Office of Trust Civil or Military within this Kingdom And that the said Francis Lassels shall pay unto our Sovereign Lord the King one full years value of his Estate Any thing herein before contained to the contrary notwithstanding Provided alwayes That this Act or any thing therein contained Sir Henry Vane Iohn Lambert excepted shall not extend to the pardoning or to give any other benefit whatsoever unto Sir Henry Vane John Lambert or either of them but that they and either of them are and shall be out of this present Act wholly excepted and foreprized Penalty of certain persons if they shall after the first of September 1660. accept any Office Provided That if William Lenthal William Burton Oliver Saint-John John Ireton Alderman Colonel William Sydenham Colonel John Desborow John Blackwel of Moreclake Christopher Pack Alderman Richard Keeble Charles Fleewood John Pyne Richard Dean Major Richard Creed Philip Nye Clerk John Goodwyn Clerk Sir Gilbert Pickering Colonel Thomas Lister and Colonel Ralph Cobbet shall after the first day of September one thousand six hundred and sixty accept or exercise any Office Ecclesiastical Civil or Military or any other publique employment within this Kingdom of England Dominion of Wales or Town of Berwick upon Tweed that then such person or persons as do so accept or execute as aforesaid shall to all intents and purposes in Law stand as if he or they had béen totally excepted by name in this Act. Persons that gave Sentence upon any in the illegal High Courts of Iustice Provided likewise That all those who since the fifth of December one thousand six hundred forty eight did give sentence of death upon any person or persons in any of the late Illegal and Tyrannical High Courts of Iustice in England or Wales or Signed the Warrant for Execution of any person there Condemned except Colonel Richard Ingolsby and Colonel Matthew Thomlinson shall be and are hereby made incapable of bearing any Office Ecclesiastical Civil or Military within the Kingdom of England or Dominion of Wales or of serving as a Member in any Parliament after the first day of September one thousand six hundred and sixty Provided also and it is Enacted That all and every the persons appointed Trustées in a late pretended Act or Ordinance made in the year of our Lord Persons intrusted by Ordinance 1649. about Tithes shall be accomptable one thousand six hundred forty nine for and concerning Tithes appropriate Oblations Obventions Pensions Portions of Tithes appropriate Offerings Fée-farm Rents issuing out of the Tithes therein mentioned First-fruits and other things and Enacted or mentioned to be Enacted to be vested setled adjudged or déemed to be in the actual sesin or possession of such person and persons in the said pretended Act or Ordinance mentioned
que use Cestuy que trust and every of them their Heirs Executors Administrators and Assigns respectively as if this Act had not béen made and as if the said person or persons had not béen excepted attainted or convicted Any Law Statute Vsage or Custome to the contrary thereof in any wise notwithstanding Provided alwayes That this Act nor any thing therein contained Fabric◠Lands Church Goods and Vtensils shall not extend to Indempnifie any person or persons whatsoever who have entred into any Messuage Lands Tenements and Hereditaments called Fabrick Lands or possest themselves of any Rent or Revenues given for the repair of any Cathedral or other Church or who have Sacrilegiously enriched themselves by converting the Plate or Vtensils and Materials of or belonging to such Churches to their own private use and advantage for or in respect of the said Crimes onely Stat. 13 Car. 2. cap. 7. CAP. XII Which Judicial Proceedings shall be good and effectual in Law and which not BE it Enacted and it is Enacted by His Majesty and the Lords and Commons in Parliament assembled and by the Authority of the same That no Fines nor final Concords Which Acts and Proceedings shall not be avoided Chirographs nor Proclamations of Fines nor any Recoveries Verdicts Iudgments Statutes Recognizances nor Inrolments of any Déeds or Wills or of any such Fines Proclamations Recoveries Verdicts Iudgments Statutes or Recognizances nor any Exemplifications of them nor any of them nor any Inquisitions Indictments Presentments Informations Decrées Sentences Probats of Wills nor Letters of Administration nor any Writs or Actings on or Returns of Writs Orders or other Procéedings in Law or Equity had made given taken or done or depending in the Courts of Chancery Kings-Bench Vpper Bench Common-Pleas and Court of Exchequer and Courts of Exchequer-Chamber or any of them sitting at Westminster or in the Courts of the Great Sessions in Wales the Courts of any Counties Palatine or Dutchy of Lancaster or Town of Berwick upon Tweed or in any other inferiour Courts of Law or Equity or by any the Iudges Clerks Officers Sheriffs Coroners or Ministers or others Acting in Obedience to them or any of them or by any the Courts of Admiralty Delegates Iustices of Assize Nisi Prius Oyer and Terminer Gaol-Delivery Iustices of the Peace Commissioners of Sewers Bankrupts or Charitable Vses nor any Actings Process Procéedings nor Executions thereupon had made given done or suffered in the Kingdom of England since the First of May One thousand six hundred forty two shall be avoided for want or defect of any Legal Power in the said Courts Iudges Commissioners Iustices or any of them or for or by reason that the Premisses or any of them were commenced prosecuted had made held or used in the Name Stile or Title of the late King or in the Name Stile Title or Test of Custodes Libertatis Angliae Authoritate Parliamenti Or in the Name Stile Title or Test of The Keepers of the Liberty of England by Authority of Parliament Or in the Name Stile Title or Test of Oliver Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions thereunto belonging Or of Oliver Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging Or the Name Stile Title or Test of Richard Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging or for or by reason of any alteration of the said Names Stiles or Titles Or for that the said Fines Recoveries Process Pleadings Procéedings and other things before mentioned Or the Entry and Enrolment of them or any of them were in the Latine or English But that all and every such Fines Recoveries and other things above mentioned and the Actings Doings and Procéedings thereupon shall be of such and of no other Force Effect and Vertue then as if such Courts Iudges Iustices Commissioners Officers and Ministers had acted by vertue of a True Iust and Legal Authority and as if the same and the Entry and Enrolment thereof were in Latine and as if the several Acts and Ordinances or pretended Acts or Ordinances made by both or either Houses of Parliament or any Convention assembled under the name of a Parliament or by Oliver Cromwell late stiled Protector of the Commonwealth of England Scotland and Ireland and the Dominions thereto belonging and his Council Warranting or Directing such Procéedings had béen Good True and Effectual Acts of Parliament Fines Levied without Entry of Licentia concordandi And whereas since the death of the late King several Fines have béen Levied without any Entry or due Entring of any sum paid pro licentia concordandi commonly called the Kings Silver and without Entry or due Entry of any sum given to the party for the Concord And also whereas in the Term of St. Michael last past several Fines were Levied and Recorded in the Court of Common Pleas before one Iudge onely of the said Court Be it Enacted That the said Fines and Proclamations thereupon and every of them shall be good and effectual notwithstanding the defects aforesaid Fines and Recoveries of Lands in Com Palatin Durham And be it also further Enacted That all Fines Proclamations of Fines Recoveries and other Iudicial procéedings in the Court of Common Pleas at Westminster since the death of His late Majesty King Charles the First Had Levied or Suffered of any Lands lying in the County Palatine of Durham shall be good and effectual notwithstanding the said Lands were lying in the said County Palatine The Illegal Acts and Proceedings of that High Court of Iustice not allowed Provided That this Act or any thing there in contained shall not be Construed Deemed or Adjudged to make good allow confirm or countenance any the Procéedings in the late Illegal and Vn-warranted High Courts of Iustice or so called or any of them And whereas since the first day of May in the year of our Lord One thousand six hundred forty one and before the Five and twentieth day of April in the year of our Lord One thousand six hundred and sixty there were divers persons that Adhered to both Houses of Parliament who for or in respect of such their adherence were Indicted Charged or Impeached of Treason And whereas since the said first Day of May in the Year of our Lord One thousand six Hundred Forty one and before the said Five and twentieth day of April in the Year of our Lord One thousand six hundred and sixty divers persons who adhered to His Majesty or to the late King were for such their adherence Charged Impeached or Indicted of High Treason Indictments c. and all Grants thereupon made void Be it further Provided and Enacted That the said Charges Impeachments Indictments and all Exigents Outlawries Convictions and Attainders thereupon and all Letters Patents and Grants thereupon made of any Manors Lands Tenements or
Hereditaments Escheated or Forfeited by reason of such Attainder and all Title to any Measne Profits by reason of such Conviction Outlawry Attainder or Grant be from henceforth repealed and discharged And that all Escheats Forfeitures and Confiscations by reason of such Outlawries Conviction or Attainder Be and are hereby restored unto such persons so Outlawed Convicted or Attainted their Heirs Executors and Administrators respectively as if no such Attainder had béen Sales made by Ordinance of Parliament Provided Nevertheless And be it Enacted That this Act or any thing herein contained shall not extend to avoid or confirm any Sales or Estates made by vertue or pretence of any Act Order or Ordinance or reputed Act Order or Ordinance of Parliament since the first day of May in the Year of our Lord One thousand six hundred forty two nor any Confirmation thereof made or to be made thereof in this present Parliament but that such sales stand and be in the same plight and condition as they should or might have done if this Act had not béen made Recognizances Obligations c. in the names of the late Protector And be it further Enacted by the Authority aforesaid That all Recognizances Obligations or other Securities made or given to the Kéepers of the Liberty of England by Authority of Parliament or to Oliver Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions thereunto belonging or to Oliver Lord Protector of the Common-wealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging Or to Richard Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging and not pardoned or discharged by any Act passed or to be passed this present Parliament or otherwise other then such Recognizances Obligations and Securities as have béen made and given to any the pretended power or persons aforesaid or to any deriving or pretending to derive Authority from them by any person or persons for or by reason of their adherence to His Majesty or His said late Royal Father or relating to or arising only upon or in respect of the late Troubles All which are hereby declared to be void and to be delivered up to be Cancelled And all Iudgments Extents Inquisitions Executions and Seizures had for the said Kéepers or Protectors or any of them and not likewise pardoned or discharged other then as aforesaid shall and may be had and prosecuted in the name and to the use of his Majesty his Heirs or Successors and also excepting all Obligations Bonds or Recognizances entred into to the said Kéepers or Protectors or any of them by any person or persons by Order or Direction of any Council of State Committée of Safety Major Generals Decimators or any Officer or other person under them or any other Military power all which Obligations Bonds and Recognizances are hereby discharged and declared to be null and void to all intents and purposes Provided also and be it Enacted That this Act or any thing therein contained Iustices Serjeants c. Commissioners of Sewers shall not extend to continue after the Eighth day of May in the year of our Lord One thousand six hundred and sixty any Iustice or Iustices of one Bench or the other or Barons of the Exchequer Serjeants at Law Commissions of Sewers Commissions of Bankrupts or of charitable uses made or constituted by or in the Name or Stile of any the late pretended powers or authorities Provided alwayes That it shall and may be lawful to and for every person and persons Writs of Errour may be brought who shall find themselves grieved or damnified by any Iudgment Fine Recovery Decrée or Sentence given made levied granted or pronounced in any of the said Courts to procéed in due form of Law either by Writ of Errour Bill of Review Appeal or other lawful remedy for the Reversing Annulling or Revoking of the same in such manner as they might at any time heretofore have done if the said Courts had béen established by lawful Authority other then for those Errours and Defects which are remedied or provided for by this Act. Provided alwayes And be it further Enacted by the Authority aforesaid Non-claim upon Fines of lands sold by Ordinance of Parliament That no Non-claim upon or after any Fine or Fines hereby made good or confirmed shall extend or be construed to Bar or Prejudice any person or persons their Heirs or Successors or their Feoffées or Trustées other then the parties to the said Fines and their Heirs general and special and his and their Trustées as concerning such Right Claim and Interest as they had in or to any Lands Tenements or other Hereditaments which by colour of any Act Order or Ordinance of both or either Houses of Parliament or any Convention sitting at Westminster under the Name or Stile or assuming the Name or Stile of a Parliament since the First day of May in the year of our Lord One thousand six hundred forty and two and before the Five and twentieth day of April in the year of our Lord one thousand six hundred and sixty were Sold Conveyed or Disposed as then or late the Lands Tenements and Hereditaments of the King Quéen or Prince or of Archbishops Bishops Deans Deans and Chapters or other Ecclesiastical persons or as the Lands Tenements and Hereditaments of any other persons for their Adherency to the late King or his Majesty that now is or for any their Actings relating to or in respect of the late Troubles so alwayes that the said person or persons aforesaid their Heirs or Successors pursue their Title Claim or Interest by way of Action or lawful Entry within five years next after the Nine and twentieth day of May in the year of our Lord one thousand six hundred and sixty And although in this Confirmation of Iudicial Procéedings The late Government declared to be usurped it was necessary to mention Divers pretensed Acts and Ordinances by the Names and Stiles which those Persons then Vsurped who took upon them to pass the same Namely some by the Stile and Name of the Kéepers of the Liberty of England by Authority of Parliament and others by the Name and Stile of Protectors of the Commonwealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging Yet this present Parliament doth Declare and it is further Enacted by Authority of the same That the Names and Stiles aforesaid and every of them are most Rebellious Wicked Trayterous and Abominable Vsurpations Detested by this present Parliament Recognition of his Majesties just title as Opposite in the Highest Degrée to His Sacred Majesties most Iust and Vndoubted Right to whom and to his Heirs and Lawful Successors the Imperial Crowns of the Realms of England Scotland and Ireland with their and every of their Dominions and Territories do of Right appertain and as violating and Infringing the just Rights and
priviledges of Parliament and both Houses thereof now Assembled or that hereafter shall be called and assembled Provided alwayes and be it enacted That all and every pretended Indictment or Indictments Out-lawries Inquisitions and all Procéedings thereon of High Treason against any Person or Persons whatsoever for Levying War against the late Tyrant Oliver Cromwell the pretended Kéepers of the Liberty of England or any other Vsurped Power Indictments of Treasons c. for levying wars against Oliver Cromwell c. made void shall be from henceforth void and of none effect in Law And that all Grants Conveyances Leases Devices Assurances Statutes Recognizances and Iudgments for Debt Damages heretofore had made or suffered by any person or his heirs whose Conviction Vtlagary or Attainder is by this Act discharged or made void shall be of the same force and effect as if no such Conviction Outlawry or Attainder had béen Stat. 13 Car. 2. cap. 7. CAP. XIII None shall take above Six Pounds for the loan of an Hundred Pounds for a Year Abatement of interest advantagious to Trade FOrasmuch as the Abatement of Interest from Ten in the Hundred in former times hath béen found by notable experience Beneficial to the Advancement of Trade and Improvement of Lands by good Husbandry with many other considerable advantages to this Nation especially the reducing of it to a nearer Proportion with Forreign States with whom We Traffique And whereas in fresh memory the like fall from Eight to Six in the Hundred by a late constant practise hath found the like Success to the general contentment of this Nation as is visible by several Improvements And whereas it is the endeavour of some at present to reduce it back again in practice to the allowance of the Statute still in force to Eight in the Hundred to the great discouragement of Ingenuity and Industry in the Husbandry Trade and Commerce of this Nation The penalty and forfeiture of taking above six in the hundred Be it for the Reasons aforesaid Enacted by the Kings most Excellent Majesty and the Lords and Commons in this present Parliament assembled That no Person or Persons whatsoever from and after the Twenty Ninth day of September in the Year of our Lord One thousand six hundred and sixty upon any Contract shall from and after the said Twenty Ninth of September take directly or indirectly for Loan of any Monies Wares Merchandise or other Commodities whatsoever above the value of Six Pounds for the Forbearance of one Hundred Pounds for a Year and so after that Rate for a greater or lesser Sum or for a longer or shorter time And that all Bonds Contracts and Assurances whatsoever made after the time aforesaid for payment of any Principal or money to be lent or covenanted to be performed upon or for any Vsury whereupon or whereby there shall be reserved or taken above the Rate of Six pounds in the Hundred as aforesaid shall be utterly void And that all and every person or persons whatsoever which shall after the time aforesaid upon any Contract to be made after the said Twenty Ninth of September take accept and receive by way or means of any corrupt Bargain Loan Exchange Cheivisaunce Shift or Interest of any Wares Merchandise or other thing or things whatsoever or by any deceitful way or means or by any covin engine or deceitful conveyance for the forbearing or giving day of payment for one whole year of and for their money or other thing above the sum of six pounds for the forbearing of One hundred pounds for a year and so after that Rate for a greater or lesser Sum or for a longer or shorter Term shall forfeit and lose for every such offence the treble value of the moneys wares merchandise and other things so Lent Bargained Sold Exchanged or Shifted The Forfeiture of a Scrivener that shall take above five shillings for the forbearance of an hundred pounds for a year and above twelve pence for making a Bond. And be it further Enacted by the Authority aforesaid That all and every Scrivener and Scriveners Broker and Brokers Solicitor and Solicitors Driver and Drivers of Bargains for Contracts who shall after the said Twenty ninth day of September take or receive directly or indirectly any sum or sums of money or other reward or thing for Brokage Soliciting Driving or Procuring the Loan or forbearing of any sum or sums of money over and above the Rate or Value of five shillings for the Loan or forbearing of one hundred pounds for a year and so rateably or above Twelve pence for making or renewing of the Bond or Bill for the Loan or for forbearing thereof or for any Counter-Bond or Bill concerning the same shall forfeit for every such Offence Twenty pounds and have Imprisonment for half a year The one moyety of all which Forfeitures to be to the King our Soveraign Lord his Heirs and Successors And the other moyety to him or them that will sue for the same in the same County where the several Offences are committed and not elsewhere by Action of Debt Bill Plaint or Information in which no Essoign Wager of Law or Protection to be allowed Stat. 13 Car. 2. cap. 13. CAP. XIV A Perpetual Anniversary Thanksgiving on the Nine and twentietth day of May for His Majesties Happy Restauration The wonderful Power and Goodness of God in the Restauration◠of his Majesty FOrasmuch as Almighty God the King of Kings and sole Disposer of all Earthly Crowns and Kingdoms hath by his All-swaying Providence and Power miraculously demonstrated in the view of all the World his Transcendent Mercy Love and Graciousness towards His most Excellent Majesty CHARLES the Second by his Especial Grace of England Scotland France and Ireland King Defender of the true Faith and all his Majesties Loyal Subjects of this his Kingdom of England and the Dominions thereunto annexed by his Majesties late most wonderful glorious peaceable and joyful Restauration to the actual possession and exercise of his undoubted hereditary Soveraign and Regal Authority over them after sundry years forced extermination into Forreign parts The unanimous and cordial affection of the Lords and Commons in Parliament and People in general by the most Trayterous Conspiracies and Armed Power of Vsurping Tyrants and execrable perfidious Traytors and that without the least opposition or effusion of blood through the unanimous cordial Loyal Votes of the Lords and Commons in this present Parliament assembled and passionate desires of all other his Majesties Subjects which unexpressible Blessing by Gods own most wonderful Dispensation was compleated on the Twenty Ninth day of May last past being the most memorable Birth-Day not onely of his Majesty both as a Man and Prince but likewise as an Actual King and of this and other His Majesties Kingdoms all in a great measure new born and raised from the dead on this most joyful Day wherein many Thousands of the Nobility Gentry Citizens
and other his Lieges of this Realm conducted his Majesty unto His Royal Cities of London and Westminster with all possible Expressions of their Ioy and Loyal Affections in far greater Triumph than any of his most Victorious Predecessors Kings of England returned thither from their Forreign Conquest and both his Majesties Houses of Parliament with all Dutiful and Ioyful Demonstrations of their Allegiance publickly received and cordially congratulated His Majesties most happy Arrival and Investiture in his Royal Throne at his Palace at White-Hall Vpon all which considerations this being the Day which the Lord himself hath made and crowned with so many publick Blessings and signal Deliverances both of his Majesty and his People The intent of keeping the said Day from all their late most deplorable Confusions Divisions Wars Devastations and Oppressions to the end that it may be kept in perpetual Remembrance in all Ages to come and that his Sacred Majesty will with all his Subjects of this Realm and the Dominions thereof and their posterities after them might annually celebrate the perpetual memory thereof by sacrificing their unfeigned hearty publick Thanks thereon to Almighty God with one heart and voice in a most devout and Christian manner for all these publick benefits received and conferred on them upon this most joyful Day Be it therefore Enacted by the Kings most Excellent Majesty the Lords and Commons in this present Parliament assembled and by the Authority of the same That all and singular Ministers of Gods Word and Sacraments in every Church Chappel and other usual place of Divine Service and publick Prayer which now are or hereafter shall be within this Realm of England and the respective Dominions thereof and their Successors shall in all succéeding Ages annually celebrate the Twenty Ninth day of May The 29th of May to be annually celebrated by rendring their hearty publick Praises and Thanksgivings unto Almighty God for all the forementioned Extraordinary Mercies Blessings and Deliverances received and mighty Acts done thereon and Declare the same to all the people there assembled and the Generations yet to come that so they may for ever praise the Lord for the same whose Name alone is Excellent and his Glory above the Earth and Heavens And be it further Enacted All persons to resort to some Church Chappel or publique Place of Thanksgiving the said day That all and every person and persons inhabiting within this Kingdom and the Dominions thereunto belonging shall upon the said day annually resort with diligence and devotion to some usuall Church Chappel or Place where such publick Thanksgivings and Praises to Gods most Divine Majesty shall be rendred and there orderly and devoutly abide during the said publick Thanksgivings Prayers Preaching Singing of Psalmes and other Service of God there to be used and ministred And to the end that all persons may be put in mind of their duty thereon and be the better prepared to discharge the same with that piety and devotion as becomes them Be it further Enacted Notice of this Act to be given the next Lords Day before That every Minister shall give notice to his Parishioners publickly in the Church at morning Prayer the Lords Day next before every such Twenty Ninth day of May for the due observation of the said day And shall then likewise publickly and distinctly read this present Act to the people St. 13 Car. 2. cap. 11. CAP. XV. An Act for the speedy Disbanding of the Army and Garrisons of this Kingdom with Instructions for the same EXP. CAP. XVI Souldiers of the Army Disbanded may Exercise Trades WHereas there are divers Officers and Souldiers now in the Kings Majesties Service Souldiers instrumental in His Majesties Restauration under the Command of his Excellency George Duke of Albemarle Captain General of His Majesties Armies who have béen Instrumental by the Blessing of Almighty God to the Happy Restitution and Restoration of his Sacred Majesty unto His Kingdomes and People and to His Iust Right of Government in the Kingdom of England and the Dominions and Territories thereunto belonging some of which are men that used Trades others that were Apprentices to Trades who had not served out their Times and others who are Apt and Fit for Trades many of which the Wars being now ended would willingly Imploy themselves in those Trades they were formerly accustomed unto or which they are apt and able to follow and make use of for the getting of their Living by their Labour and Industry but are or may be hindred from exercising those Trades in certain Cities Corporations and other places within this Kingdom because of certain by-Lawes and Customs of those places and of a Statute made in the Fifth year of the late Quéen Elizabeth Prohibiting the use of certain Trades by any person that hath not served as an Apprentice to such Trade by the space of seven years Such as were in Service under General Monk 25. April 1660. and instrumental in his Majesties restitution may exercise Trades For remedy whereof And to the end that those persons who were in Actual Service under the Command of the said Captain General on the Five and twentieth day of April in the year of our Lord One thousand six hundred and sixty and were Instrumental to the Happy Restitution of the Kings Majestie unto his Iust Right of Government as aforesaid may not be deprived of a Means of Livelyhood May it please your Majesty that it may be Enacted and be it Enacted by the Kings most Excellent Majesty and the Lords and Commons in this present Parliament assembled and by the Authority thereof That all such Officers and Souldiers who were under the Command of the said Captain General on the Five and twentieth day of April Such as have deserted the Service or refuse the Oath of Allegiance excepted in the said year of our Lord One thousand six hundred and sixty and have not since deserted the Service or refused to take the several Oaths of Supremacy and Allegiance unto the Kings Majesty that now is his Heirs and Successors and that have heretofore used or exercised any Trade though they did not serve out the time of their Apprentiship or any other person imployed as aforesaid under the Command of the said Captain General at the time aforesaid that is apt and able to practise any Trade may set up and exercise such several and respective Trades Mysteries or occupations whereunto he or they have béen bound Apprentice and served any Part of his or their time or any Handicraft or other Trade exercised about Manufactures though he was never bound Apprentice to the same Apprentices to enjoy all Immunities as it they had served their Time in manner following that is to say Such of them as have béen Apprentices as aforesaid may set up and exercise such several and respective Trades whereunto he or they have béen so bound Apprentices as fully as if they had served out their
respective terms or times for which they have béen bound and shall have and enjoy the same Immunities as they should have had and enjoyed if they had served out their said terms or times And all others of the said Officers and Souldiers may set up and exercise such Trades as they are apt and able for in the several Towns and Places within the several and respective Counties wherein they were born without any suit let or molestation of any person or persons whatsoever for or by reason of the using of such Trade And if any such Officer or Officers Souldier or Souldiers shall be sued impleaded or indicted in any Court whatsoever within this Kingdom for using or exercising any such Trades as aforesaid then the said Officer or Officers Souldier or Souldiers making it appear to the same Court where they are so sued impleaded or indicted that they have served the Kings Majesty under the Command of the said Captain General as aforesaid and they they have severally taken the said Oaths of Supremacy and Allegiance The general Issue pleaded upon this Act. and have not since deserted the said Service shall upon the General Issue pleaded be found Not guilty in any Plaint Bill Information or Indictment exhibited against them and such persons who notwithstanding this Act shall prosecute their said Suit by Bill Plaint Information or Indictment and shall have a Verdict pass against them or become Nonsuit therein or discontinue their said Suit such person or persons shall pay unto such Officer or Officers Souldier or Souldiers double costs of Suit to be recovered as any other Costs at Common Law may be recovered And all Iudges and Iurors before whom any such Suit Information or Indictment shall be brought and all other persons whatsoever are to take notice of this present Act and shall conform themselves thereunto any Statute Law Ordinance Custom or Provision to the contrary in any wise notwithstanding How an Officer or Souldier may prove his being in Service within this Act. Provided That no Officer or Souldier shall have the benefit of this Act that shall not prove his Service as aforesaid either by a Certificate under the Hand and Seal of some Field Officer and two Commission-Officers of the Regiment wherein he served or some General-Officer of the Army certifying his knowledg of the Service aforesaid and the said Certificate to be proved by one Witness at least to be a true Certificate or for default of such Certificate by the Oaths of two credible Persons at least Penalty upon false Certificates Provided also That if any person or persons pretending themselves to have béen Officers or Souldiers within the qualifications aforesaid shall produce a false Certificate to the intent to have the benefit of this Act and thereof be convicted by Confession or due proof of Law shall suffer Imprisonment not excéeding six months and to lose the benefit of this Act Any thing therein contained to the contrary in any wise notwithstanding Souldiers Tradesmen to submit to all Offices and Orders in Corporations and Companies of their Manufacture Provided also and be it Enacted That the said Officers and Souldiers in this Act mentioned and all other persons exercising or that shall exercise any Trade or Profession in any City or Corporation shall be liable to bear all Offices in the said respective Cities and Corporations when by the said Cities and Corporations they shall be elected thereunto and shall submit to such Orders of Corporations and Companies for search of the well and true making of their Manufacture as others frée of the said Companies or Corporations are subject unto any Law Usage or Custom to the contrary in any wise notwithstanding CAP. XVII Ministers confirmed and restored to their Benefices CAP. XVIII Shipping and Navigation Encouraged FOr the increase of Shipping and encouragement of the Navigation of this Nation wherein under the good Providence and Protection of God the Wealth Safety and Strength of this Kingdom is so much concerned Be it Enacted by the Kings most Excellent Majesty by the Lords and Commons in this present Parliament Assembled No goods shall be imported from Asia Africa or America but in English Ships and the Authority thereof That from and after the First day of December One thousand six hundred and sixty and from thenceforward no Goods or Commodities whatsoever shall be Imported into or Exported out of any Lands Islands Plantations or Territories to His Majesty belonging or in his possession or which may hereafter belong unto or be in the possession of His Majesty his Heirs and Successors in Asia Africa or America in any other Ship or Ships Vessel or Vessels whatsoever but in such Ships or Vessels as do truly and without fraud belong only to the People of England or Ireland Dominion of Wales or Town of Berwick upon Tweed or are of the built of and belonging to any the said Lands Islands Plantations or Territories as the Proprietors and Right Owners thereof and whereof the Master and thrée fourths of the Mariners at least are English Penalty under the penalty of the Forfeiture and Loss of all the Goods and Commodities which shall be Imported into or Exported out of any the aforesaid places in any other Ship or Vessel as also of the Ship or Vessel with all its Guns Furniture Tackle Ammunition and Apparel one Third part thereof to his Majestie his Heirs and Successors one Third part to the Governour of such Land Plantation Island or Territory where such default shall be committed in case the said Ship or Goods be there seized or otherwise that third part also to his Majesty his Heirs and Successors and the other third part to him or them who shall Seize Inform or Sue for the same in any Court of Record by Bill Information Plaint or other Action wherein no Essoin Protection or Wager of Law shall be allowed And all Admirals and other Commanders at Sea of any the Ships of War or other Ship having Commission from his Majesty or from his Heirs or Successors are hereby Authorized and strictly required to seize and bring in as prize all such Ships or Vessels as shall have offended contrary hereunto and deliver them to the Court of Admiralty there to be procéeded against and in case of condemnation one Moyety of such Forfeitures shall be to the use of such Admirals or Commanders and their Companies to be divided and proportioned amongst them according to the Rules and Orders of the Sea in case of Ships taken prize and the other Moyety to the use of his Majesty his Heirs and Successors And be it Enacted Aliens shall not exercise the occupation of Merchants or Factors That no Alien or person not born within the Allegiance of our Soveraign Lord the King his Heirs and Successors or Naturalized or made a frée Denizen shall from and after the First day of February which shall be in the year of our Lord One
Territories to His Majesty in Africa Asia or America belonging or in his possession That it is alwayes to be understood and Provided that the Master and thrée fourths of the Mariners of the said Ships at least be also English And that where it is required that the Master and thrée fourths of the Mariners be English that the true intent and meaning thereof is that they should be such during the whole voyage unless in case of sickness Death or being taken Prisoners in the Voyage to be proved by the Oath of the Master or other chief Officer of such ships Goods of the growth or manufacture of Muscovy or Russia And it is further Enacted by the Authority aforesaid That no Goods or Commodities of the Growth production or Manufacture of Muscovy or of any the Countries Dominions or Territories to the great Duke or Emperor of Muscovy or Russia belonging As also that no sort of Masts Timber or Boards no foreign Salt pitch Tar Rozin Hemp or Flax Raisins Figs Prunes Olive Oyls no sorts of Corn or Grain Sugar Pot-ashes Wines Vinegar or Spirits called Aquavite or Brandy Wine shall from and after the First day of April which shall be in the year of our Lord One thousand six hundred sixty one be imported into England Ireland Wales or Town of Berwick upon Tweed in any Ship or Ships Vessel or Vessels whatsoever but in such as do truly and without fraud belong to the people thereof or of some of them as the true Owners and proprietors thereof and whereof the Master and Thrée Fourths of the Mariners at least are English Othoman or Turkish Emperor and that no Currants nor Commodities of the growth production or Manufacture of any the Countries Islands Dominions or Territories to the Othoman or Turkish Empire belonging shall from and after the first day of September which shall be in the year of our Lord One thousand six hundred sixty one be imported into any the forementioned places in any Ship or Vessel but which is of English built and Navigated as aforesaid and in no other Except only such forrain ships and vessels as are of the built of that Country or place of which the said Goods are the growth production or Manufacture respectively or of such port where the said Goods can only be or most usually are first shipped for transportation and whereof the Master and Thrée Fourths of the Mariners at least are of the said Country or place under the penalty and Forfeiture of ship and Goods to be disposed and recovered as in the foregoing clause Frauds in concealing Aliens goods how to be prevented Provided alwayes and be it hereby Enacted by the Authority aforesaid That for the prevention of the great frauds daily used in colouring and concealing of Aliens Goods all Wines of the growth of France or Germany which from and after the Twentieth day of October One thousand six hundred and sixty shall be Imported into any the Ports or places aforesaid in any other Ship or Vessel then which doth truly and without fraud belong to England Ireland Wales or Town of Berwick upon Tweed and Navigated with the Mariners thereof as aforesaid shall be déemed Aliens goods and pay all Strangers Customs and Duties to His Majesty his Heirs and Successors as also to the Town or Port into which they shall be Imported And that all sorts of Masts Timber or Boards as also all forraign Salt Pitch Tar Rozin Hemp Flax Raisins Figs Prunes Olive Oyls all sorts of Corn or Grain Sugar Pot-ashes Spirits commonly called Brandy Wine or Aqua-vitae Wines of the growth of Spain the Islands of the Canaries or Portugal Madera or Western Islands and all goods of the growth Production or Manufacture of Moscovy or Russia which from and after the First day of April which shall be in the year of Our Lord one thousand six hundred sixty one shall be Imported into any of the aforesaid places in any other then such shipping and so Navigated and all Currants and Turky Commodities which from and after the first day of September One thousand six hundred sixty one shall be Imported into any the places aforesaid in any other then English built shipping and Navigated as aforesaid shall be déemed Aliens Goods and pay accordingly to his Majesty His Heirs and Successors and to the Town or Port into which they shall be Imported And for prevention of all frauds which may be used in colouring or buying of Forein Ships How to prevent Frauds in colouring and buying Forrein ships Be it Enacted by the Authority aforesaid and it is hereby Enacted That from and after the first day of April which shall be in the Year of our Lord One thousand six hundred sixty one no Forein built ship or Vessel whatsoever shall be déemed or pass as a ship to England Ireland Wales or Town of Berwick or any of them belonging or enjoy the benefit or Priviledge of such a ship or Vessel untill such time that he or they claiming the said ship or Vessel to be theirs shall make appear to the chief Officer or Officers of the customs in the Port next to the place of his or their aboad that he or they are not Aliens and shall have taken an Oath before such chief Officer or Officers who are hereby Authorized to Administer the same That such Ship or Vessel was bona fide and without fraud by him or them bought for a valuable consideration expressing the sum as also the time place and persons from whom it was bought and who are his part Owners if he have any all which part-owners shall be liable to take the said Oath before the chief Officer or Officers of the Custom-house of the Port next to the place of their aboad and that no Forreiner directly or indirectly hath any part interest or share therein and that upon such Oath he or they shall receive a Certificate under the Hand and Seal of the said chief Officer or Officers of the Port where such person or persons so making Oath do reside whereby such Ship or Vessel may for the future pass and be déemed as a Ship belonging to the said Port and enjoy the priviledge of such a Ship or Vessel And the said Officer or Officers shall kéep a Register of all such Certificates as he or they shall so give and return a Duplicate thereof to the chief Officers of the customs at London for such as shall be granted in England Wales and Berwick and to the Chief Officers of the customs at Dublin for such as shall be given in Ireland together with the Names of the person or persons from whom such Ship was bought and the sum of Money which was paid for her as also the Names of all such persons who are part-owners of her if any such be And be it further Enacted by the Authority aforesaid Officers of the custom not to allow any priviledge to any forrein built ship untill certificate or proof
c. That if any Officer of the Customs shall from and after the said First day of April allow the priviledge of being a Ship or Vessel to England Ireland Wales or Town of Berwick or any of them belonging to any Forreign built Ship or Vessel untill such Certificate be before them produced or such Proof and oath taken before them or if any Officer of the Customs shall allow the priviledge of an English built ship or other Ship to any the aforesaid places belonging to any English or Forrien built Ship coming into any Port and making entry of any Goods untill Examination whether the Master and thrée Fourths of the Mariners be English or shal allow to any Forreign built ship bringing in the Commodities of the Growth of the Country where it was built the priviledge by this Act to such Ship given untill Examination and Proof whether it be a ship of the built of that Country and that the Master and thrée Fourths of the Mariners are of that Country or if any Person who is or shall be made Governor of any Lands Islands Plantations or Territories in Africa Asia or America by his Majesty His Heirs or Successors shall suffer any Forrein built Ship or Vessel to load or unload any Goods or Commodities within the Precincts of their Goverments untill such Certificate be produced before them or such as shall be by them appointed to view the same and Examination whether the Master and thrée Fourths of the Mariners at least be English that for the first offence such Officer of the Customs and Governors shall be put out of their places Offices or Governments Provided alwayes That this Act or any thing therein contained extend not Proviso for goods of the Streights or Levant or be meant to restrain and prohibite the Importation of any the Commodities of the Streights or Levant Seas loaden in English built shipping and wherof the Master and thrée fourths of the Mariners at least are English from the usual Ports or places for lading of them heretofore within the said Streights or Levant Seas though the said Commodities be not of the very growth of the said places Provided also that this Act or any thing therein contained extend not or be meant to restrain the Importing of any East India Commodities loaden in English built shipping and whereof the Master and thrée fourths of the Mariners at least are English from the usual place or places for lading of them in any part of those Seas to the South-Ward and Eastward of Cabo bona speranza although the Ports be not thâ—â—bery Places of their growth Provided also That it shall and may be lawful to and for any of the people of England Ireland East India Commodities Proviso for goods imported from Spain Portugal Azores Madera or Canary Islands Wales Islands of Guernsey or Jersey or town of Berwick upon Tweed in Vessels or Ships to them belonging and whereof the Master and thrée fourths of the Mariners at least are English to load and bring in from any of the Ports of Spain or Portugal or Western Islands commonly called Azores or Madera or Canary Islands all sorts of Goods or Commodities of the Growth Production or Manufacture of the Plantation or Dominions of either of them respectively Proviso for Bullion and goods taken by way of Repâ—isal Provided That this Act or any thing therein contained extend not to Bullion nor yet to any Goods taken or that shall be bona fide taken by way of Reprisal by any Ship or Ships belonging to England Ireland or Wales Islands of Guernsey or Jersey or Town of Berwick upon Tweed and whereof the Master and thrée Fourths of the Mariners at feast are English having Commission from his Majesty his Heirs or Successors Proviso concerning goods of Scotland Provided alwayes That this Act or any thing therein contained shall not extend or be construed to extend to lay Aliens Duties upon any Corn of the growth of Scotland or to any Salt made in Scotland nor to any Fish caught saved and cured by the People of Scotland and Imported directly from Scotland in Scotch built Ships Goods of Russia and whereof the Master and thrée Fourths of the Mariners are of His Maiesties Subiects nor to any Seal Oyl of Russia Imported from thence into England Ireland Wales or Town of Berwick upon Tweed in shipping bona fide to some of the said places belonging and whereof the Master and three Fourths of the Mariners at least are English The duty payable upon goods in French ships Provided also and it is hereby Enacted That every Ship or Vessel belonging to any the Subjects of the French King which from and after the Twentieth day of October in the year of our Lord one thousand six hundred and sixty shall come into any Port Creek Harbor of Road of England Ireland Wales or Town of Berwick upon Tweed and shall there lade or unlade any Goods or Commodities or take in or set on Shore any passengers shall pay to the Collector of His Majesties Customs in such Port Créek Harbor or Road for every Tun of which the said Ship or Vessel is of burthen How long to continue to be computed by such Officer of the Customs as shall be thereunto appointed the sum of five shillings currant money of England And that no such Ship or Vessel be suffered to depart out of such Port Créek Harbor or Road until the said Duty be fully paid And that this Duty shall continue to be Collected Levied and paid for such time as a certain Duty of Fifty Solls per Tun lately imposed by the French King or any part thereof shall continue to be Collected upon the shipping of England lading in France and thrée Moneths after and no longer Sugars tobacco c. of the growth of America Asia or Africa And it is further Enacted by the Authority aforesaid That from and after the First day of April which shall be in the year of our Lord One thousand six hundred sixty one noe Sugars Tobacco Cotton-wooll Indicoes Ginger Fustick or other dying wood of the growth Production or Manufacture of any English Plantations in America Asia or Africa shall be shipped carried conveyed or transported from any the said English Plantations to any Land Island Territory Dominion Port or place whatsoever other then to such other English Plantations as do belong to His Majesty His Heirs and Successors or to the Kingdom of England or Ireland or Principality of Wales or Town of Berwick upon Tweed there to be laid on shore under the penalty of the Forfeiture of the said Goods or the full value thereof as also of the Ship with all her Guns Tackle Apparel Ammunition and Furniture The one Moyety to the Kings Majesty His Heirs and Successors and the other Moyety to him or them that shall seize inform or sue for the same in any Court of Record by Bill Plaint or Information wherein no Essoign
Protection or Wager of Law shall be allowed And be it further Enacted by the Authority aforesaid That for every Ship or Vessel which from and after the Five and twentieth day of December Ships of England Ireland or Wales Sailing to any English plantation of America Asia or Africa shall be bound with sureties to bring goods there loaded into England c. in the year of our Lord one thousand six hundred and fifty shall set sail out of or from England Ireland Wales or Town of Berwick upon Tweed for any English Plantation in America Asia or Africa sufficient bond shall be given with one surety to the chief Officers of the Custom-house of such Port or place from whence the said Ship shall set sail to the value of one thousand pounds if the ship be of less burthen then one hundred Tuns and of the sum of two thousand pounds if the Ship shall be of greater burthen That in case the said ship or vessel shal load any of the said Commodities at any of the said English plantations that the same Commodities shall be by the said ship brought to some Port of England Ireland Wales or to the Port or Town of Berwick upon Tweed and shall there unload and put on shore the same the danger of the Seas only excepted And for all ships coming from any other Port or Place to any of the aforesaid plantations who by this Act are permitted to trade there that the Governor of such English plantations shall before the said ship or Vessel be permitted to load on board any of the said Commodities take Bond in manner and to the value aforesaid for each respective Ship or Vessel That such Ship or Vessel shall carry all the aforesaid Goods that be laden on board in the said ship to some other of His Majesties English Plantations or to England Ships coming from other places to any of those plantations Ireland Wales or Town of Berwick upon Tweed And that every ship or Vessel which shall load or take on board any of the aforesaid Goods untill such Bond given to the said Governor or Certificate produced from the Officers of any Custom-house of England Ireland Wales or of the Town of Berwick that such bonds have béen there â—â—ly given shall be forefeited with all her Guns Tackle Apparel and Furniture to be imployed and recovered in the manner as aforesaid And the said Governors and every of them shall twice in every year after the First day of January The respective Governors to return the bonds taken twice yearly to the chief offices of the custom in London One thousand six hundred and sixty return true Copies of all such Bonds by him so taken to the chief Officers of the Customs in London St. 13. Car. 2. cap. 14. CAP. XIX For preventing Frauds and concealments of Customs and Subsidies BE it Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords and Commons in this present Parliament assembled That if any person or persons at any time after the first day of September One thousand six hundred and sixty Persons which shall convey away any goods without entry agreement for the custome shall cause any Goods for which Custom Subsidy or other Duties are due or payable by vertue of the Act passed this Parliament Entituled A Subsidy Granted to the King of Tunnage and Poundage and other sums of money payable upon Merchandize Exported and Imported to be landed or conveyed away without due entry thereof first made and the Customer or Collector or his Deputy agréed with That then and in such case upon Oath thereof made before the Lord Treasurer or any of the Barons of the Exchequer or chief Magistrate of the Port or place where the offence shall be committed or the place next adjoyning thereunto The penalty it shall be lawful to and for the Lord Treasurer or any of the Barons aforesaid or chief Magistrate of the Port or place where the offence shall be committed or the place next adjoyning thereunto to issue out a Warrant to any person or persons thereby enabling him or them with the assistance of a Sheriff Iustice of Peace or Constable to enter into any house in the day time where such Goods are suspected to be concealed and in case of resistance to break open such houses and to seize and secure the same goods so concealed And all Officers and Ministers of Iustice are hereby required to be aiding and assisting thereunto Provided alwayes That no house shall be entred by vertue of this Act No proceeding against any upon this Act unless within one month after the offence committed The continuance of this Act. Damages and costs against false informers unless it be within the space of one Moneth after the offence supposed to be committed Provided also That this Act shall continue in force unto the end of the first Session of the next Parliament and no longer Provided also That if the Information whereupon any house shall come to be searched shall prove to be false that then and in such case the party injured shall recover his full damages and costs against the Informer by Action of Trespass to be therefore brought against such Informer St. 13 Car. 2. cap. 7. CAP. XX. For raising Sevenscore thousand pounds for the compleat Disbanding of the whole Army and paying off some part of the Navy by a two Moneths Assesment of 70000 l. per mensem beginning from the first of November 1660. EXP. Stat. 13 Car. 2. cap. 6. CAP. XXI An Act for the speedy raising of Seventy thousand pounds for the present supply of His Majesty EXP. Stat. 13 Car. 2. cap. 6. cap. 10. CAP. XXII Bay-making in the Dutch Bay-Hall in Colchester regulated CAP. XXIII Certain Impositions upon Beer Ale and other Liquors For the Encrease of His Majesties Revenue during His Life THe Commons assembled in Parliament in gratitude for an humble acknowledgment of Your Majesties great Grace and Favour to us Your Commons beyond Example of any Your Royal Progenitors expressed in many publick Acts and Declarations to the great rejoycing and general satisfaction of all Your people The raâ—es given to his Majesty for life which they desire to answer with returns suitable and excéeding the Examples of any of their Ancestors for the encreasing of your Maiesties Revenue during Your Maiesties Reign which God long continue Do therefore give and grant unto your most Excellent Majesty the Rates and Duties Impositions Charges and sums of Money herein after following And do beséech your Majesty that it may be Enacted And be it Enacted by the Kings most Excellent Maiesty by and with the advice and consent of the Lords and Commons in Parliament Assembled That from and after the twenty fifth day of December One thousand six hundred and sixty there shall be throughout your Maiesties Kingdom of England Dominion of Wales and Town of Berwick upon Tweed
intermedling with any Office or Imployment relating to the Excise until he or they shall before two or more Iustices of Peace in the County where his or their imployments shall be or before one of the Barons of the Exchequer take the Oaths of Allegiance and Supremacy which Oaths they have hereby power to Administer together with this Oath following Mutatis Mutandis The Oath YOU shall swear to execute the Office of _____ truly and faithfully without Favour or Affection and shall from time to time true Accompt make and deliver to such person and persons as His Majesty shall appoint to receive the same and shall take no Fee or Reward for the Execution of the said Office from any other person than from His Maiesty or those whom His Majesty shall appoint in that behalf And be it further Enacted by the Authority aforesaid Certificates at the next quarter sessions London Westminster Southwark Officers to be appointed by his Majesty That every such Iustice of Peace shall certify the taking of such Oath to the next Quarter-Sessions there to be Recorded And it is further Enacted That all parts of the Cities of London and Westminster with the Burrough of Southwark and the several Suburbs thereof and Parishes within the wéekly Bills of Mortality shal be under the immediate care inspection and management of the said Head-Office and such and so many subordinate Commissioners and Sub-Commissioners and other Officers and Ministers for the Execution of the Premisses shall be from time to time nominated and appointed by His Majesty his Heirs and Successors in all and every other the Counties Cities Towns and Places within this Kingdom of England Dominion of Wales and Port of Berwick as from time to time his Majesty his Heirs and Successors shall think fit And it is hereby further Enacted That the said Office of Excise in all places where it shall be appointed The Excise office to be kept open shall be kept open from eight of the Clock in the morning till twelve of the Clock at noon and from two of the Clock in the Afternoon till five of the Clock in the Afternoon for the due execution and performance of all and every the matters and things in this Act appointed and required The monies collected to be paid into the receipt of the Exchequer And it is further hereby Enacted That the said Chief Commissioners of Excise or the major part of them shall from time to time issue forth and pay such sum and sums of money as shall from time to time be received collected or levyed by vertue of this Act into his Majesties Receipt of Exchequer Provided alwayes and be it Enacted Persons sued may plead the general issue That if any person or persons shall at any time be sued or prosecuted for any thing by him or them done or executed in pursuance of this Act he or they shall and may plead the general issue and give this Act in evidence for his defence and if upon the Tryal a Verdict shall pass for the Defendant or Defendants or the Plaintiff or Plaintiffs be Non-suit then such Defendant or Defendants shall have double costs to him or them awarded against such Plaintiff or Plaintiffs Provided also and be it Enacted Writs of Certiorari shal not supersede any proceedings That no Writ or Writs of Certiorari shall supersede Execution or other Procéedings upon any Order or Orders made by the Iustices aforesaid in pursuance of this Act but that Execution and other procéedings shall and may be had and made thereupon any such Writ or Writs or allowance thereof notwithstanding Provided alwayes and be it further Enacted That this Act or any thing therein contained Proviso for Ed. Backwell for payment of 2â—4 â—â— shall not be prejudicial to Edward Backwell Alderman of London as to the sum of twenty eight thousand four hundred and fifty pounds or any part thereof by him advanced upon the Credit of several Orders of this present Parliament and by them charged on the receipt of the Grand Excise that is to say the sum of Five thousand pounds payable to his Majesties Surveyor-General for the repair of his Majesties houses charged by vertue of an Order of the sixth of September 1660. with Interest for the same the sum of ten thousand pounds advanced to her Highness the Princes Royal being charged with Interest by an Order of the 13th of September 1660. the sum of ten thousand pounds payable to her Majesty the Quéen of Bohemia being charged together with Interest by an Order of the 13th of September 1660. the sum of thrée thousand four hundred and fifty pounds payable for Provisions for Dunkirk by an Order of the 26th of November 1660. which sum of twenty eight thousand four hundred and fifty pounds together with Interest for the same according to the tenor of the said Orders after the rate of six per Cent. shall be paid to the said Edward Backwell or his Assigns out of the Grand Excise and the Arrears thereof in course as is by the said Orders appointed and in case the same shall fall short in payment by the Twenty fifth of December One thousand six hundred and sixty that then the remainder shall continue secured to him out of the whole Excise in course as aforesaid and that no other payments be made out of the Excise but what is appointed by this present Parliament in course to precede the same untill the said debt due to the said Edward Backwell be satisfied and that in case any part of the monies due to Alderman Backwell be paid out of that part of the Excise which shall grow due to the Kings Majesty that then his Majesty shall be reimbursed the same out of the first monies that shall come in of the Arrears of Excise that will be due the said twenty fifth of December Stat 13 Car. 2. cap. 7. CAP. XXIV The Court of Wards and Liveries and Tenures in Capite and by Knights-Service and Purveyance taken away and a Revenue setled upon His Majesty in Lieu thereof VVHereas it hath béen found by former experience That the Court of Wards and Liveries and Tenures by Knights-service either of the King or others or by Knights-service in Capite or Soccage in Capite of the King and the consequents upon the same have béen much more burthensome The reasons of this Act. grievous and prejudicial to the Kingdom then they have béen beneficial to the King and whereas since the intermission of the said Court which hath béen from the Four and twentieth day of February which was in the year of our Lord One thousand six hundred forty and five many Persons have by Will and otherwise made disposal of their Lands held by Knights-service whereupon divers Questions might possibly arise unless some seasonable remedy be taken to prevent the same Be it therefore Enacted by the King our Soveraign Lord with the assent of the Lords and Commons in Parliament
possible for the enemies of God and the King to bring upon us whilst the Fanatick Rage of a few Miscreants who were as far from being true Protestants as they were from being true Subjects stands imputed by our Adversaries to the whole Nation We therefore your Majesties said dutiful and Loyal Subjects the Lords and Commons in Parliament Assembled do hereby renounce abominate and protest against that Impious fact the execrable Murther and most unparallel'd Treason committed against the Sacred person and life of our said late Soveraign Your Maiesties most Royal Father and all procéedings tending thereunto and do beséech Your most Excellent Majesty that it may be declared That by the undoubted and Fundamental Laws of this Kingdom neither the Péers of this Realm nor the Commons nor both together in Parliament nor the people collectively or representatively nor any other persons whatsoever ever had have hath or ought to have any Coercive power over the persons of the Kings of this Realm And for the better vindication of our selves to posterity and as a lasting Monument of our otherwise inexpressible detestation and abhorrency of this villanous and abominable Fact We do further beséech Your most Excellent Majesty that it may be Enacted And be it hereby Enacted by the Kings most Excellent Majesty A yearly Anniversary of Humiliation on the â—0th of Ian. for ever by and with the advice and consent of the Lords and Commons in this present Parliament Assembled That every thirtieth day of January unless it falls out to be upon the Lords day and then the day next following shall be for ever hereafter set apart to be kept and observed in all the Churches and Chappels of these Your Majesties Kingdoms of England and Ireland Dominion of Wales and Town of Berwick upon Tweed and the Isles of Jersey and Guernsey and all other Your Majesties Dominions as an Anniversary day of Fasting and Humiliation to implore the Mercy of God that neither the guilt of that Sacred and Innocent Blood nor those other sins by which God was provoked to deliver up both us and our King into the hands of cruel and unreasonable men The attainder of the persons actively instrumental in the Murther of his late Majesty may at any time hereafter be visited upon us or our posterity And whereas Oliver Cromwel deceased Henry Ireton deceased John Bradshaw deceased and Thomas Pride deceased John Lisle William Say Sir Hardress Waller Valentine Wauton Thomas Harrison Edward Whalley William Heveningham Isaac Penington Henry Martin John Barkstead Gilbert Millington Edmund Ludlow Sir Michael Livesey Robert Titchbourn Owen Row Robert Lilburn Adrian Scroop John Okey John Hewson William Goffe Cornelius Holland Thomas Challoner John Carew John Jones Miles Corbet Henry Smith Gregory Clement Thomas Wogan Edmond Harvy Thomas Scot William Cawley John Downs Nicholas Love Vincent Potter Augustine Garland John Dixwel George Fleetwood Simon Meyne James Temple Peter Temple Daniel Blagrave Thomas Wayte John Cook Andrew Broughton Edward Dendy William Hewlet Hugh Peters Francis Hacker Daniel Axtel are notoriously known to have béen wicked and active Instruments in the prosecution and compassing that Trayterous Murther of his late Majesty for which the said Sir Hardress Waller Thomas Harrison William Heveningham Isaac Penington Henry Martin The names of the persons cryed and legally attainted Gilbert Millington Robert Titchbourn Owen Row Robert Lilbourn Adrian Scroop John Carew John Jones Henry Smith Gregory Clement Edmond Harvy Thomas Scot John Downs Vincent Potter Augustine Garland George Fleetwood Simon Meyne James Temple Peter Temple Thomas Wayte John Cook William Hewlet Hugh Peters Francis Hacker and Daniel Axtel have already received their Tryal at Law and by Verdict or their own Confession have béen convicted and by Iudgment of Law thereupon had do now stand duly and legally attainted of whom ten persons that is to say Thomas Harrison Adrian Scroop John Carew John Jones Thomas Scot The ten persons executed Gregory Clement John Cook Hugh Peters Francis Hacker and Daniel Axtel have most deservedly suffered the pains of death and béen executed according to Law and the said John Lisle The persons fled William Say Valentine Wauton Edward Whalley John Barkstead Edmond Ludlow Sir Michael Livesey John Okey John Hewson William Goffe Cornelius Holland Thomas Challoner Miles Corbet William Cawley Nicholas Love John Dixwell Daniel Blagrave Andrew Broughton and Edward Dendy are fled from Iustice not daring to abide a Legal Tryal May it therefore please your Majesty that it may be Enacted And be it Enacted by the Authority of this present Parliament The persons dead before they could be brought to tryal attainted The persons fled attainted That the said Oliver Cromwell deceased Henry Ireton deceased John Bradshaw deceased and Thomas Pride deceased shall by vertue of this Act be adjudged to be Convicted and Attainted of High Treason to all intents and purposes as if they and every of them respectively had béen Attainted in their lives And also that John Lisle William Say Valentine Wanton Edward Whalley John Barkstead Edmond Ludlow Sir Michael Livesey John Okey John Hewson William Goffe Cornelius Holland Thomas Challoner William Cawley Miles Corbet Nicholas Love John Dixwell Daniel Blagrave Andrew Broughton Edward Dendy and every of them stand and be adjudged and by Authority of this present Act Convicted and Attainted of High Treason Their Lands Tenements c. forfeited vested in his Majesty And that all and every the Manors Messuages Lands Tenements Rents Reversions Remainders Possessions Rights Conditions Interests Offices Fées Annuities and all other the Hereditaments Leases for years Chastels real and other things of that nature whatsoever they be of them the said Oliver Cromwell Henry Ireton John Bradshaw Thomas Pride John Lisle William Say Valentine Wauton Edward Whalley John Barkstead Edmond Ludlow Sir Michael Livesey John Okey John Hewson William Goffe Cornelius Holland Thomas Challoner William Cawley Miles Corbet Nicholas Love John Dixwell Daniel Blagrave Andrew Broughton Edward Dendy Thomas Harrison Adrian Scroop John Carew John Jones Thomas Scot Gregory Clement Hugh Peters Francis Hacker John Cook Daniel Axtel Sir Hardress Waller William Heveningham Isaac Penington Henry Martin Gilbert Millington Robert Titchbourn Owen Row Robert Lilbourn Henry Smith Edmond Harvey John Downs Vincent Potter Augustine Garland George Fleetwood Simon Meyne James Temple Peter Temple Thomas Wayte which they or any of them or any other person or persons to their or any of their uses or in trust for them or any of them had the Five and twentieth day of March Whereof they were seised or any for them 25 March 1646. in the year of our Lord One thousand six hundred forty and six or at any time since shall stand and be forfeited unto Your Majesty Your Heirs and Successors and shall be déemed vested and adjudged to be in the actual and real possession of your Majesty without any Office or Inquisition thereof hereafter to be taken or found And also
That all and every the Goods Debts and other the Chattels personal whatsoever of them the said Oliver Cromwell Henry Ireton John Bradshaw Thomas Pride whereof at the time of their respective deaths they or any of them or any other in trust for them or any of them stood possessed in Law or Equity All their goods personal estate forfeited vested in his Majesty and all the Goods Debts and other the Chattels personal whatsoever of them the said John Lisle William Say Valentine Wauton Edward Whalley John Barkstead Edmond Ludlow Sir Michael Livesey John Okey John Hewson William Goffe Cornelius Holland Thomas Challoner William Cawley Miles Corbet Nicholas Love John Dixwell Andrew Broughton Edward Dendy Thomas Harrison Adrian Scroop John Carew John Jones Thomas Scot Gregory Clement Hugh Peters Francis Hacker John Cook Daniel Axtel Sir Hardress Waller William Heveningham Isaac Penington Henry Martin Gilbert Millington Robert Titchbourn Owen Row Robert Lilburn Henry Smith Edmond Harvey John Downs Vincent Potter Augustine Garland George Fleetwood Simon Meyne James Temple Peter Temple Thomas Wayte Whereof they were possest or any for them 11 Feb. 1659. whereof upon the eleventh day of February One thousand six hundred fifty nine they or any of them or any other in trust for them or any of them stood possessed either in Law or Equity shall be déemed and adjudged to be forfeited unto and are hereby vested and put into the actual and real possession of Your Majesty without any further Office or Inquisition thereof hereafter to be taken or found Provided alwayes and be it Enacted by the Authority aforesaid That no Conveyance Proviso for conveyances by any of the offenders Assurance Grant Bargain Sale Charge Lease Assignment of Lease Grants and Surrenders by Copy of Court-Roll Estate Interest Trust or limitation of any Vse or Vses of or out of any Manors Lands Tenements or Hereditaments not being the Lands nor Hereditaments of the late King Quéen or Prince or of any Arch-bishops Bishops Deans Deans and Chapters nor being Lands or Hereditaments sold or given for the Delinquency or pretended Delinquency of any person or persons whatsoever by vertue or pretext of any Act Order Ordinance or reputed Act Order or Ordinance since the first day of January One thousand six hundred forty one nor any Statute Statutes Iudgments c. before the 9th of Sept. 1659. Iudgment or Recognizance had made acknowledged or suffered to any person or persons Bodies Politick or Corporate before the twenty ninth day of September One thousand six hundred fifty nine by any of the Offenders before in this Act mentioned or their Heirs or by any other person or persons claiming by from or under them or any of them other then the wife or wives For money bona fide lent c. Conveyances in trust made before the â—â— of April 166â— to any the said Offenders child or children heir or heirs of such person or persons or any of them for money bona fide to them or any of them paid or lent nor any Conveyance Assurance Grant or Estate made before the twenty fifth of April One thousand six hundred and sixty by any person or persons to any of the Offenders aforesaid in Trust and for the benefit of any other person or persons not being any of the offenders aforesaid or in trust for any Bodies Politick or Corporate shall be impeached defeated made void or frustrated hereby or by any of the Convictions and Attainders aforesaid but that the same shall be held and enioyed by the Purchasers Grantées Lessées Assigns Cestuy que use Cestuy que trust and every of them their Heirs Executors Administrators and Assigns respectively as if this Act had not béen made and as if the said Offenders had not béen by this Act or by any other course or procéedings of Law convicted or attainted so as the said Conveyances Such conveyances to be enrolled in the Court of Exchequer before the first of Ian. 1662. and all and every the Grants and Assurances which by vertue of this Act are and ought to be held and enjoyed as aforesaid shall before the first of January which shall be in the year of our Lord One thousand six hundred sixty two be entred and enrolled of Record in His Majesties Court of Exchequer and not otherwise Any thing in this Act herein before contained to the contrary in any wise notwithstanding Proviso for the Marquess of Worcester c. Provided alwayes and be it Enacted by the Authority aforesaid That all and singular the Manors Lands Tenements and Hereditaments which at any time heretofore were the Lands and possessions of Henry late Marquess of Worcester and Edward now Marquess of Worcester and Henry Lord Herbert Son and Heir apparent of the said Edward Marquess of Worcester or any of them whereof or wherein the said Oliver Cromwell or any other person or persons in trust for him or to his use or any other the persons attainted by this Act or otherwise or any person or persons in trust for them or any of them had or claimed or pretended to have any Estate Right Title Possession or Interest at any time before or since the decease of the said Oliver Cromwell shall be and hereby are vested and setled in and shall be held and enjoyed by the said Marquess of Worcester and the said Henry Lord Herbert in such manner and form and for such Estate and Estates with such powers and priviledges as they formerly had in the same respectively Any thing in this present Act contained or any Act Conveyance or Assurance heretofore made or acknowledged by the said Edward Marquess of Worcester and Henry Lord Herbert or either of them unto the said Oliver Cromwell or any other person or persons in trust for or to the use of the said Oliver Cromwell or any Act or Conveyance made or done by the said Oliver Cromwell or by any in trust for him to any person whatsoever to the contrary notwithstanding Saving alwayes to all and every person and persons Saving Bodies Politick and others their respective Heirs Successors Executors and Administrators all such Right Title and Interest in Law and Equity which they or any of them have or ought to have of into or out of any the Premisses not being in trust for any the said Offenders nor derived by from or under the said Offenders since the twenty fifth day of March which was in the year of our Lord One thousand six hundred forty six And that they the said person and persons Bodies Politick and other their respective Heirs Successors Executors and Administrators and every of them in all and every such case where his and their Entry was lawful upon such Offender or Offenders or the Heirs or Assigns of such Offender or Offenders in or upon the said twenty fifth day of March one thousand six hundred forty and six or at any time since may without Petition Monstrans
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
the said Isles of Jersey and Guernsey or either of them or to any such wooll to be shipped or loaden aboard in any ship or other vessel by or for the only use or behoof of any the Inhabitants of the said Isles of Jersey or Guernsey or either of them in the Port aforesaid to be exported and transported into the said Isles of Jersey or Guernsey or either of them so as such person and persons that shall so ship or lay aboard such wool into any ship or other Vessel do before the shipping or laying aboard such wool deliver unto the Customer Comptroller Surveyor or Searcher of the Port of Southampton aforesaid out of which the same wooll is to be exported a writing under the Seal or Seals of the respective Governors of the same Isles of Jersey and Guernsey unto which the said wooll is to be transported or of his or their Deputy or Deputies respectively the which writing shall purport and express that the party named in such writing is authorised and appointed to export or to cause to be exported out of the Port aforesaid so much wooll expressing the number of the Tods to the same Isle to be used or manufactured in one of the same Isles or in some of the members or parts of the same and that such party so authorised and appointed to export or cause to be exported that wooll hath before the making and sealing of that writing entred into sufficient Bond to his Majesties use for the landing of the said wooll in that Isle And to the intent that the quantity of wooll to be exported out of the Port of Southampton aforesaid into the said Isles or either of them in any one year accompting the year to begin from the first day of January next ensuing and so yearly from the first day of January may not excéed the quantity hereunder specified that is to say unto the Isle of Jersey Two thousand Tods and no more of unkeamed wooll and unto Guernsey Alderney Sarke One thousand Tods and no more of unkeamed wooll and unto Alderney Two hundred Tods and no more of unkeamed wooll and unto Sarke One hundred Tods of unkeamed wooll and no more every Tod not excéeding thirty two pounds And be it Enacted by the authority aforesaid That the Governor of the said Isle of Jersey or his Deputy for whom he will answer shall not make to any Person or Persons any writing or writings such as is above specified to authorise or appoint such Person or Persons as aforesaid to fetch export or transport out of the Port of Southampton aforesaid unto the said Isle of Jersey in one year accompting the year from the first day of January One thousand six hundred and sixty aforesaid any greater quantity of wooll then Two thousand Tods in any one year and that the Governor of the said Isle of Guernsey or his Deputy for whom he will answer shall not make to any Person or Persons any writing or writings such as is above specified to authorize and appoint such person or persons as aforesaid to fetch export or transport out of the Port above specified unto the said Isles of Guernsey with Alderney and Sarke in any one year accompting the year from the first day of January aforesaid any greater quantity of wooll then one thousand Tods for Guernsey Two hundred Tods for Alderney and one hundred Tods for Sarke in any one year and that the Customer of the Port of Southampton aforesaid shall kéep a true accompt of all the said quantity of Woolls so by him permitted to be loaden by vertue of this Act and shall not permit any greater quantity of Woolls to be loaden then by this Act is prescribed in any one year to either of the said Islands respectively under any pretence whatsoever upon the penalty of the forfeiture of his place and the sum of One hundred pounds in money one moyety whereof to the Kings Majesty His Heirs and Successors and the other moyety to him or them that will sue for the same in any Court of Record wherein no Essoign Protection or Wager of Law shall be allowed And if any of the Governors aforesaid or any of their or either of their Deputy or Deputies of the said Isles or either of them shall give grant or make any Licence or Licences for exporting from Southampton aforesaid into the said Isles respectively of any greater quantity of such Wooll then is before by the true meaning of this Act limited and appointed in that behalf That then the respective Governor or Governors of such of the said Isles shall forfeit and pay to Kings Majesty His Heirs or Successors the sum of Twenty pounds of lawful money of England for every Tod of Wooll which shall be so licensed to be exported over and above the rate or porportion of Wooll in and by this Act or the true meaning thereof limited or appointed And be it further Enacted by the Authority aforesaid That the respective Governors aforesaid or their respective Deputies or any their Clerks Officers or Servants for the granting making or sealing of every such writing of Licence as is aforesaid and for the entring a Remembrance of the same into some Book which they shall have and kéep for that purpose may have and take the sum of Twelve pence and no more upon pain of forfeiting to the party grieved the sum of Five shillings for every penny which shall be taken over and above the said sum of twelve pence in and by this Act allowed to be taken and so after that proportion the said penalty or Forfeiture for the taking above Twelve pence as aforesaid to be recovered by Bill Plaint or Information in any Court of Record at Westminster or elsewhere wherein no Injunction Protection Priviledge Essoyne or Wager of Law shall be admitted or allowed St. 13 Car. 2. cap. 13. CAP. XXXIII The Confirmation of Marriages VVHereas by vertue or colour of certain Ordinances or certain pretended Acts or Ordinances divers marriages since the beginning of the late troubles have béen had and solemnized in some other manner then hath béen formerly used and accustomed Marriages since the ◠May 1642. confirmed Now for the preventing and avoiding of all doubts and questions touching the same It is Enacted by the Kings most Excellent Majesty with the advice and assent of the Lords and Commons in Parliament Assembled and by Authority of the same That all Marriages had or Solemnized in any of his Majesties Dominions since the first day of May in the year of Our Lord One thousand six hundred forty and two before any Iustice of Peace or reputed Iustice of Peace of England or Wales or other his Majesties Dominions and by such Iustice or reputed Iustice so pronounced or declared And all Marriages within any of His Majesties Dominions since the same first day of May in the year of Our Lord One thousand six hundred forty two had or Solemnized according to the
direction or true intent of any Act or Ordinance or reputed Act or Ordinance of one or both houses of Parliament or of any Convention sitting at Westminster under the Name Stile or Title of a Parliament or assuming that Name Stile or Title shall be and shall be adjudged estéemed and taken to be and to have béen of the same and no other force and effect as if such Marriages had béen had and solemnized according to the Rites and Ceremonies established or used in the Church or Kingdom of England any Law Custom or Vsage to the contrary thereof notwithstanding Issues upon lawfulness of marriages already joyned shall be cryed by Iury And be it further Enacted that where in any Suit commenced or to be commenced in any of the Courts of the common Law any issue hath béen joyned and not already tryed or determined or shall be joyned upon the point of Bastardy or unlawfulness of marriage for or concerning the marriages had and solemnized as aforesaid the same issues shall be tryed by Iury of Twelve Men according to the course of Trial of other issues tryable by Iury at the Common Law and not otherwise Bastardy any Law Statute or Vsage to the contrary thereof in any wise notwithstanding Stat. 13 Car. 2. cap. 11. CAP. XXXIV The Planting Setting or Sowing of Tobacco in England and Ireland prohibited YOur Majesties Loyal and Obedient Subjects The Lords and Commons in this present Parliament assembled considering of how great concern and importance it is That the Colonies and Plantations of this Kingdom in America be defended Protected Maintained and kept up and that all due and possible encouragement be given unto them and that not not only in regard great and considerable Dominions and Countries have béen thereby gained Importance of the plantations of America and added to the Imperial Crown of this Realm But for that the strength and welfare of this Kingdom do very much depend upon them in regard of the employment of a very considerable part of its Shipping and Seamen and of the vent of very great quantities of its Native Commodities and Manufactures as also of its supply with several Commodities which it was wont formerly to have only from Forraigners and at far dearer Rates And forasmuch as Tobacco is one of the main products of several of those Plantations and upon which their Welfare and Subsistence and the Navigation of this Kingdom and vent of its Commodities thither do much depend and in regard it is found by experience That the Tobaccoes Planted in these parts are not so good and wholsome for the Takers thereof And that by the Planting thereof your Majesty is deprived of a considerable part of your Revenue arising by Customs upon Imported Tobacco Do most humbly pray That it may be Enacted by your Majesty And it is hereby Enacted by the Kings most Excellent Majesty and the Lords and Commons in this present Parliament Assembled and by Authority of the same No person after the 1. Ianuary 1660. shall set or plant any Tobacco That no Person or Persons whatsoever shall or do from and after the first day of January in the year of our Lord One thousand six hundred and sixty Set Plant improve to grow make or cure any Tobacco either in Séed Plant or otherwise in or upon any Ground Earth Field or Place within the Kingdom of England Dominion of Wales Islands of Guernsey or Jersey The penalty or Town of Berwick upon Tweed or in the Kingdom of Ireland under the penalty of the Forfeiture of all such Tobacco or the value thereof or of the sum of forty shillings for every Rod or Pole of Ground so Planted set or Sowen as aforesaid and so proportionably for a greater or lesser quantity of Ground one Moyety thereof to His Majesty His Heirs and Successors And the other Moyety to him or them that shall Sue for the same to be recovered by Bill Plaint or Information in any Court of Record wherein no Essoigne Protection or wager in Law shall be allowed All Sheriffs and other officers may destroy any Tobacco planted contrary to this Act. And it is hereby further Enacted That all Sheriffs Iustices of the Peace Mayors Bailiffs Constables and every of them upon Information or Complaint made unto them or any of them by any the Officers of the Customes or by any other Person or Persons whatsoever That there is any Tobacco set sowen planted or growing within their Iurisdictions or Precincts contrary to this Act shall within ten daies after such Information or Complaint cause to be burnt plucked up consumed or utterly destroyed all such Tobacco so set sowen planted or growing The penalty of any person resisting this act And it is hereby further Enacted That in case any Person or Persons shall resist or make forcible Opposition against any person or persons in the due and through Execution of this Act that every such person or persons for every such Offence shall forfeit the sum of five pounds to be divided and recovered in manner aforesaid And in case any person or persons shall not pay the sums of money by them to be paid by vertue of this Act That in every such case Distress shall be made and Sale thereof returning the Over-plus to the Owners And in case no Distress be to be found That then every such party shall be committed to the Common Goal in the County where such Offence shall be committed there to remain for the space of two moneths without bail or main-prize Proviso for private Gardens Provided alwayes and it is hereby Enacted That this Act nor any thing therein contained shall extend to the hindring of the planting of Tobacco in any Physick Garden of either Vniversity or in any other private Garden for Physick or Chirurgery only so as the quantity so planted excéed not one half of one Pole in any one Place or Garden Stat. 13 Car. 2. cap. 14. CAP. XXXV A Post-Office erected and established WHereas for the maintenance of mutual Correspondencies and prevention of many Inconveniencies happening by private Posts The well ordering of postage and letters of great concernment to Trade several publick Post-Offices have béen heretofore erected for carrying and recarrying of Letters by Posts to and from all parts and places within England Scotland and Ireland and several parts beyond the Seas the well Ordering thereof is a matter of general concernment and of great advantage as well for preservation of Trade and Commerce as otherwise To the end therefore that the same may be managed so that spéedy and safe dispatches may be had which is most likely to be effected by erecting one general Post-Office for that purpose Be it therefore Enacted by the Kings most Excellent Majesty A Letter-office erected in London the Lords and Commons in this present Parliament assembled and by the Authority of the same That there be from henceforth one general Letter-Office erected and
shall graciously be pleased to pardon him And if his Majesty shall grant his pardon to any Péer of this Realm or Commoner convicted of any offence against this Act after such Pardon granted the Péer or Commoner so pardoned shall be restored to all intents and purposes as if he had never béen convicted any thing in this Law to the contrary in any wise notwithstanding CAP. II. An Act of Parliament Entituled An Act for dis-enabling all persons in Holy Orders to exercise any Temporal Jurisdiction or Authority Repealed WHereas at the Parliament begun at Westminster the Third day of November in the Sixtéenth year of the Reign of our late Sovereign Lord King Charles of blessed memory since deceased an Act of Parliament was made Entituled An Act for dis-enabling all persons in Holy Orders to exercise any Temporal Jurisdiction or Authority Stat. 17 Car. 1. cap. 27. Rep. Which Act hath made several alterations prejudicial to the constitution and ancient Rights of Parliament and contrary to the Laws of this Land and is by experience found otherwise inconvenient Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords and Commons in this present Parliament assembled and by the Authority of the same That the said Act Entituled An Act for dis-enabling all persons in holy Orders to exercise any Temporal Jurisdiction or Authority and every clause matter and thing therein contained shall be and is hereby from henceforth repealed annulled and made void to all intents and purposes whatsoever CAP. III. All such Monies Goods and other things which were Received Levied or Collected in these late Times and are remaining in the hands or possession of any Treasurers Receivers Collectors or others not pardoned by the Act of Oblivion declared to be Vested and setled in His Majesty WHereas divers Doubts have béen made whether or no the Monies Goods Chattels and other things excepted to be accounted for in the Act of Frée and General Pardon Indempnity and Oblivion made and passed in the Parliament begun at Westminster the Five and twentieth day of April in the Twelfth year of your Majesties Raign do belong unto and of right are in your Majesty for that the same were not levied received collected or taken by your Majesties Authority or to your Majesties use For remedy and clearing whereof Goods and Monies levied since the 30. of Ian. 1642. and not pardoned are vested in his Majesty We the Lords and Commons assembled in Parliament humbly beséech your Majesty that it may be Enacted and be it Declared Enacted and Ordained by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords and Commons assembled in Parliament and by the Authority thereof That all and every sum and sums of Money Goods Plate Iewels Horses Arms Ammunition and other things whatsoever levied received or taken sithence the Thirtieth of January One thousand six hundred forty two by any of the late pretended Authorities or by pretence or colour of any Power or Authority derived or pretended to be derived from them or any of them for any publick use which are not pardoned by the said Act which are not otherwise vested and setled in the Kings Majesty and all Bonds Obligations Stat. 12 Car. 2. cap. 11. and other Securities entred into for the same or any part thereof be and are hereby vested and setled in the Kings Majesty his Heirs and Successors and that his Sacred Majesty his Heirs and Successors may from time to time and at all times hereafter have demand sue for and recover the same of all and every person and persons their Heirs Executors and Administrators who are accountable for the same or in whose hands or possessions soever the same were or are as if the same had béen levied received collected or taken in his Majesties Name by Authority from his Majesty or to his Majesties use any Law or Statute Vsage or Custom to the contrary in any wise notwithstanding And be it further Enacted by the Authority aforesaid That all and every person or persons which have received any the aforesaid sum or sums of money from any Treasurer or Receiver for any publick use by way of Imprest to be accounted for which are not pardoned or discharged by the aforesaid Act shall be liable to account and called to account in such manner and form as if they had received the same out of his Majesties Exchequer or any other publick Treasury The Revenues of the Churches in Wales and particularly those persons that have received or collected the Revenues of any Churches or Vicarages in Wales or in the County of Monmouth since the year of our Lord One thousand six hundred forty eight Provided they have all due allowances in their accounts as all such persons whose accounts are excepted in the Act of Oblivion have or ought to have And to the end his Majesty may be the better enabled to discover Commissions for discovery and sue for all such Monies Goods and other things invested in his Maiesty by this Act it is further ordained and Enacted by the Authority aforesaid That His Majesty His Heirs and Successors shall and may from time to time issue forth such and so many Commissions to such and so many persons as his Majesty shall think fit either under the great Seal of England or the Seal of his Majesties Exchequer for the better discovering levying receiving and discharging the same Persons accountable enabled to sue for and levy all arrears And be it further Enacted by the Authority aforesaid That all persons accountable to his Majesty by this Act shall have full power and Authority and are hereby enabled to sue for Levy and recover from the parties from whom the same was and is due and for which they are hereby accomptable all sums of Money and Arrears in such manner and form as they might have recovered and levyed the same when they first grew due Provided this Act or any thing therein contained shall not extend to call any person to account or to question any person for Goods or other things remaining in his hands which shall not be called to account Proviso none to be questioned but upon some prosecution begun before the 24 of Iune 1662. or some Information against him either in the Exchequer or Commissioners to be appointed as aforesaid before the four and twentieth of June which shall be in the year of our Lord one thousand six hundred sixty two and that the said Information be prosecuted with effect within twelve moneths after the Exhibition thereof CAP. IV. An Act for a free and Voluntary present to his Majesty EXP. Proviso declaring no commissions of this nature but by authority of Parliament ANd be it hereby Declared That no Commissions or Aids of this nature can be issued out or levied but by Authority of Parliament And that this Act and supply hereby granted shall not
for six moneths and there to be put to hard labour or to the Common-Gaol for one whole year without Bail or Main-prize at the Discretion of the Iustices of the Peace before whom such Conviction shall be and not to be discharged from thence till he or they have given sufficient Sureties for their Good-behaviour for one whole year next ensuing after his or their inlargement Provided that where any Offender shall be punished by force of this Act that he shall not be prosecuted nor incur the penalty of any other Law or Statute for the same offence 19 H. 7. c. 11. 3 Jac. c. 13. 7 Jac. c. 13. CAP. XI The Confirmation of Three Acts therein mentioned BE it Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords and Commons in this present Parliament assembled and by the Authority of the same That the several Acts herein after mentioned made or mentioned to be made upon or since the Twenty fifth day of April in the Twelfth year of his said Majesties Reign by his said Majesty by and with the advice or consent of the Lords and Commons Assembled at Westminster upon the said 25th of April and there continued until the 29th day of December then next following and then dissolved which said Acts are herein after particularly mentioned and expressed by the several and respective Titles following St. 12 Car. 2. cap. 29 St. 12 Car. 2. cap. 33. St. 12 Car. 2. â—ap 14. That is to say One Act Entituled An Act for the raising of Seventy thousand pounds for the further Supply of his Majesty And one other Act entituled An Act for Confirmation of Marriages and one other Act entituled An Act for a perpetual Anniversary shanksgiving on the Twenty ninth day of May and all and every the Clauses Sentences and Articles in them and every of them contained shall be and hereby are Ratified and Confirmed and Enacted and Declared to have the full force and strength of Acts of Parliament according to the tenor and purport thereof and so shall be adjudged déemed and taken to all intents and purposes whatsoever and as if the same had béen made declared and Enacted by Authority of this present Parliament CAP. XII Explanation of a Clause contained in an Act of Parliament made in the Seventeenth Year of the late King Charles Entituled An Act for Repeal of a Branch of a Statute Primo Elizabethae concerning Commissioners for Causes Ecclesiastical VVHereas in an Act of Parliament made in the Seventeenth year of the late King Charles Entituled An Act for Repeal of a Branch of a Statute Primo Elizabethae concerning Commissioners for Causes Ecclesiastical St. 17 Car. 1. cap. 11. it is amongst other things Enacted That no Arch-bishop Bishop nor Vicar-General nor any Chancellor nor Commissary of any Arch-Bishop Bishop or Vicar-General nor any Ordinary whatsoever nor any other Spiritual or Ecclesiastical Iudg Officer or Minister of Iustice nor any other person or persons whatsoever exercising Spiritual or Ecclesiastical Power Authority or Iurisdiction by any Grant License or Commission of the Kings Majesty His Heirs or Successors or by any Power or Authority derived from the King His Heirs or Successors or otherwise shall from and after the first day of August which then should be in the year of our Lord God One thousand six hundred forty one Award Impose or Inflict any Pain Penalty Fine Amerciament Imprisonment or other Corporal punishment upon any of the Kings Subjects for any contempt misdemeanor crime offence matter or thing whatsoever belonging to Spiritual or Ecclesiastical Cognizance or Iurisdiction whereupon some doubt hath béen made that all ordinary power of Coertion and Procéedings in Causes Ecclesiastical were taken away whereby the ordinary course of Iustice in Causes Ecclesiastical hath béen obstructed Be it therefore declared and Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords and Commons in this present Parliament assembled The ordinary power of Archbishops c. not taken away and by the Authority thereof That neither the said Act nor any thing therein contained doth or shall take away any ordinary Power or Authority from any of the said Arch-Bishops Bishops or any other person or persons named as aforesaid but that they and every of them exercising Ecclesiastical Iurisdiction may procéed determine sentence execute and exercise all manner of Ecclesiastical Iurisdiction May use Ecclesiastical Iurisdiction and all Censures and Coertions appertaining and belonging to the same before the making of the Act before recited in all causes and matters belonging to Ecclesiastical Iurisdiction according to the Kings Majesties Ecclesiastical Laws used and practised in this Realm in as ample manner and form as they did and might lawfully have done before the making of the said Act. The Stat. 17. Car. 1. cap. 11. Rep. as to all except what concerns the High Commiss on Court Proviso And be it further Enacted by the Authority aforesaid That the afore recited Act of Decimo septimo Caroli and all the Matters and Clauses therein contained excepting what concerns the High Commission-Court or the new erection of some such like Court by Commission shall be and is hereby repealed to all intents and purposes whatsoever Any thing clause or sentence in the said Act contained to the contrary notwithstanding Provided alwayes and it is hereby Enacted That neither this Act nor any thing herein contained shall extend or be construed to revive or give force to the said Branch of the said Statute made in the said first year of the Reign of the said late Quéen Elizabeth mentioned in the said Act of Parliament made in the said seventéenth year of the Reign of the said King Charles but that the said Branch of the said Statute made in the said first year of the Reign of the said Quéen Elizabeth shall stand and be repealed in such sort as if this Act had never béen made Provided also and it is hereby further Enacted That it shall not be lawful for any Arch-Bishop Proviso touching the oath Ex Officio Bishop Vicar-General Chancellor Commissary or any other Spiritual or Ecclesiastical Iudg Officer or Minister or any other person having or exercising Spiritual or Ecclesiastical Iurisdiction to tender or administer unto any person whatsoever the Oath usually called the Oath Ex Officio or any other Oath whereby such person to whom the same is tendred or administred may be charged or compelled to confess or accuse or to purge him or her self of any criminal matter or thing whereby he or she may be lyable to any censure or punishment Any thing in this Statute or any other Law Custom or Vsage heretofore to the contrary hereof in any wise notwithstanding Proviso not to give any other Iurisdiction to any Archbishop c. than they had by law before the year 1639. The Kings Supremacy in Ecclesiastical matters Canons Ecclesiastical Provided
to have the full force and strength of Acts of Parliament according to the tenor and purport thereof and so shall be adjudged déemed and taken to all intents and purposes whatsoever and as if the same had béen Made Declared and Enacted by Authority of this present Parliament CAP. XV. The Pains Penalties and Forfeitures Imposed upon the Estates and Persons of certain notorious Offenders excepted out of the Act of Free and General Pardon Indempnity and Oblivion St. 12 Car. 2. cap. 11. The Lands and Tenements of the persons deceased not discharged by the Act of General Pardon VVHereas in a certain Act passed in the late assembly held at Westminster in the Twelfth year of His Majesties Reign and confirmed by the Authority of this present Parliament Entituled An Act of Free and General Pardon Indempnity and Oblivion amongst other things it is provided that nothing therein contained should extend to discharge the Lands Tenements Goods Chattels Rights Trusts and other the Hereditaments late of Isaac Ewer deceased Sir John Danvers deceased Sir Thomas Maleverer Baronet deceased William Purefoy deceased John Blakiston deceased Sir William Constable Baronet deceased Richard Dean deceased Francis Aleyn deceased Peregrin Pelham deceased John Moore deceased John Aldred alias Alured deceased Humphrey Edwards deceased Sir Gregory Norton Baronet deceased John Venn deceased Thomas Andrews Alderman deceased Anthony Stapley deceased Thomas Horton deceased John Fry deceased Thomas Hammond deceased and Sir John Bourchier deceased of and from such pains penalties and forfeitures as by one other Act of Parliament intended to be afterwards passed for that purpose should be expressed and declared All which persons before mentioned were whilst they lived notoriously known to have béen wicked and active Instruments in the prosecution and compassing of that horrid and Execrable Treason the Murther of our late Soveraign Lord King CHARLES the First of ever blessed memory And whereas William Lord Mounson James Challoner Sir Henry Mildmay Sir James Harrington John Phelps and Robert Wallop who in the moneth of January One thousand six hundred forty eight did act and fit in that Traiterous Assembly which procéeded against the Person and Life of our said late Soveraign Lord King CHARLES the First and Sir Arthur Haslerig who in his life did commit many horrid and Traiterous Crimes against the Person Crown and Dignity of his late Majesty of glorious memory and his Majesty that now is are all of them excepted out of the said Act and reserved to future Pains Penalties and Forfeitures not extending to life since the passing of which Act so as aforesaid confirmed Sir Arthur Haslerig and James Challoner died and no Act hath yet passed for the inflicting of due Pains Penalties and Forfeitures upon the Persons and Estates of the Offenders aforesaid We therefore the Lords and Commons in Parliament assembed do beséech your Majesty That it may be enacted And be it Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords and Commons in this present Parliament assembled The Mannors Lands c. of the persons named and by authority of the same That all and every the Mannors Messuages Lands Tenements Rents Reversions Remainders Possessions Rights Conditions Interests Offices Fées Annuities and all other the Hereditaments Leases for years Chattels Real and other things of what nature soever they be of them the said Isaac Ewer Sir John Danvers Sir Thomas Maleverer William Purefoy John Blakiston Sir William Constable Richard Dean Francis Aleyn Peregrin Pelham John Moore John Aldred alias Alured Humphrey Edward Sir Gregory Norton John Venn Thomas Andrews Of which they were seised the 20th of March 1646. or since forfeited and vested in his Majesty The goods debts Chattels of which the persons named were possessed at the time of their death forfeited to his Majesty The goods c. of which William Lord Mounson Sir Hen. Mildmay Sir James Harrington John Phelps and Rob. Wallop were possessed the 11. of Feb. 1659. forfeited and vested in his Majesty Anthony Stapley Thomas Horton John Fry Thomas Hammond Sir John Bourchier William Lord Mounson James Challoner Sir Henry Mildmay Sir James Harrington John Phelps Robert Wallop and Sir Arthur Haslerig which they or any of them or any other person or persons to their or any of their uses or in trust for them or any of them had the five and twentieth day of March in the year of our Lord One thousand six hundred forty and six or at any time since shall stand and be forfeited unto your Majesty your Heirs and Successors and shall be déemed vested and adjudged to be in the actual and real possession of Your Majesty without any Office or Inquisition thereof hereafter to be taken or found And also that all and every the Goods Debts and other the Chattels personal whatsoever of them the said Isaac Ewer Sir John Danvers Sir Thomas Maleverer William Purefoy John Blakiston Sir William Constable Richard Dean Francis Aleyn Peregrin Pelham John Moore John Aldred alias Alured Humphrey Edwards Sir Gregory Norton John Venn Thomas Andrews Anthony Stapley Thomas Horton John Fry Thomas Hammond Sir John Bourchier James Challoner and Sir Arthur Haslerig whereof they or any of them at the time of their respective deaths or any other in Trust for them or any of them stood possessed or interessed in Law or Equity and all the Goods Debts and other the Chattels personal whatsoever of them the said William Lord Mounson Sir Henry Mildmay Sir James Harrington John Phelps Robert Wallop whereof upon the eleventh day of February in the year of our Lord One thousand six hundred fifty and nine they or any of them or any other in trust for them or any of them stood possessed either in Law or Equity shall be déemed and adjudged to be forfeited and are hereby vested and put into the actual and real possession of your Majesty without any further Office or Inquisition thereof hereafter to be taken or found Provided alwayes and be it Enacted by the Authority aforesaid That no Conveyance Assurance Grant Bargain Sale Charge Lease Assignment of Lease Grants Proviso for conveyances and assurances c. made bona fide before the 29. of September and Surrenders by Copy of Court-Roll Estate Interest Trust or Limitation of any use or uses of or out of any Mannors Lands Tenements or Hereditaments not being the Lands nor Hereditaments of the late King Quéen or Prince or of any Archbishops Bishops Deans Deans and Chapters nor being Lands or Hereditaments sold or given for the Delinquency or pretended Delinquency of any person or persons whatsoever by vertue or pretext of some Act Order Ordinance or reputed Act Order or Ordinance since the First day of January one thousand six hundred forty and one nor any Statute Iudgment or Recognizance had made acknowledged or suffered to any person or persons Bodies politick or Corporate before the Nine and Twentieth day of September one thousand
six hundred fifty and nine by any of the Offenders before in this Act mentioned or their Heirs or by any other person or persons claiming by from or under them or any of them other then the Wife or Wives Child or Children Heir or Heirs of such person or persons or any of them for money bona fide to them or any of them paid or lent or other valuable consideration nor any conveyance assurance Conveyances and assurances made before the 25th of April 1660. grant or Estate made before the five and twentieth day of April One thousand six hundred and fifty by any person or persons to any of the Offenders aforesaid in trust and for the benefit of any other person or persons not being any of the Offenders aforesaid or in Trust for any Bodies politick or Corporate shall be Impeached defeated made voide or frustrated hereby or by any of the Convictions and Attainders aforesaid But that the same shall be held and enjoyed by the Purchasers Grantées Lessées Assigns Cestuy que use Cestuy que trust and every of them their Heirs Executors Administrators and Assigns respectively as if this Act had not béen made so as the said Conveyances and all and every the Grants and Assurances which by vertue of this Act are and ought to be held and enjoyed as aforesaid shall before the first day of January which shall be in the year of our Lord So as they be inrolled in the Exchequer before the first of Ian. 1662. One thousand six hundred sixty and two be entred and enrolled of Record in his Majesties Court of Exchequer and not otherwise any thing in this Act herein before contained to the contrary in any wise notwithstanding And be it further Enacted by the Authority aforesaid That William Lord Mounson William Lord Mounson Sir Henry Mildmay Sir James Harrington Robert Wallop and John Phelps degraded Sir Henry Mildmay Sir James Harrington Robert Wallop Esquire and John Phelps and every of them shall be and are hereby degraded from and made uncapable of all and every the Titles of Honour Dignities and Preheminences which they or any of them now have or which at any time hereafter may descend unto them And that neither they nor any of them shall at any time hereafter have hear or use the Name Stile Addition or Title of Lord Baronet Knight Esquire or Gentleman or any of them nor shall use or have any Coats or Escutcheons of Arms whatsoever nor any other legal Title or addition whatsoever but shall be for ever reputed and are hereby declared to be Persons of Dishonour and Infamy And further That they the said William Mounson Henry Mildmay James Harrington William Mounsor Hen◠Mildmay James Harrington Robert Wallop John Phelps shall be drawn to Tyburn as persons executed for treason Robert Wallop and John Phelps and every of them shall upon the seven and twentieth day of January which shall be in the year of our Lord One thousand six hundred sixty one or so soon after as they shall be apprehended carried to the Tower of London and from thence drawn upon sledges with Ropes about their Necks and according to the manner of persons executed for High Treason quite through the stréets of London unto the Gallowes at Tiburn and from thence in like manner be brought back again to the Tower of London and there or in such other Prison as his Majesty shall think fit continue Prisoners and suffer pains of Imprisonment for and during the Term of their Natural Lives Provided alwayes Proviso for executors of the said persons and legacies That no Executor or Administrator to any of the dead Persons whose Estate is forfeited by this Act shall at any time hereafter be sued or molested for any Debt or Legacy by them paid as Executor or Administrator to any person or persons to whom the same was due or bequeathed and was by the said Executor or Administrator paid bona fide but the respective Legatées who have received any such Legacies from the said Executors shall be accomptable to the Kings Majesty for all such Legacies as they have respectively received and shall pay the same to the Kings most Excellent Maiesty Provided alwayes That nothing in this Act shall be construed to forfeit the Term Estate Proviso for Sir William Lewes or Interest which Sir William Lewes of Borden in the County of Southampton Baronet had or hath in the custody of the Park called East-mean Park in the aforesaid County and in the game of Conies therein for the term of thrée years to come from our Lady-day last being the remaining years of a greater term he the said Sir William being formerly possessed thereof by an Assignment made by John Allen Executor of the said Francis Allen the which said Park and Premisses being part of the Possessions of the Bishop of Winchester the said Sir William Lewes hath surrendred unto the said Bishop and hath now taken a new Lease thereof for thrée lives from the Bishop of Winchester the which said Lease for thrée lives so made by the said Bishop unto the said Sir William Lewes shall for and notwithstanding this Act or any thing therein contained remain firm and good unto the said Sir William Lewes according to the true meaning of his said Lease saving alwayes to all and every person and persons Bodies politick and others their respective Heirs Successors Executors and Administrators all such Estate Right and Title and Interest in Law and Equity which they or any of them have or ought to have of in to or out of any the Premisses not being in Trust for any the said Offenders nor derived by from or under the said offences since the five and twentieth day of March one thousand six hundred forty six saving alwayes and reserving to Cuthbert Collingwood Esquire and George Collingwood Gent. his Son their or either of their Heirs and Assigns and the Farmers and Tenants of the said Cuthbert and George Collingwood or either of them and of their Heirs and Assigns all such Right Title of Entry and Action Vse Interest and Possession which they or any of them or any in trust for them or any of them have or had or ought to have of in to or out of the Mannors Townships Villages Hamlets and Precincts of Islington Whitingham Barton Throunton Fawden Keynton 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 Hereditaments Rights Members and Appurtenances to them or any of them belonging or appertaining as if this Act had never béen made Proviso for Rachel Powre Provided also that this Act nor any thing herein contained shall extend to preiudice the Estate and Interest in Law or Equity of Rachel Powre Widow of in and to one Copyhold Messuage and Mill thereunto belonging with their Appurtenances Scituate lying and being in Chepmansford in the
County of Southampton being parcel of the Mannor of Husband Priors which by order and decrée of the High-Court of Chancery of the one and twentieth of June One thousand six hundred sixty one she is to be forthwith restored unto and put into possession of and to quietly hold and enjoy the same during her Widowhood with the mean profits thereof taken by the said Mr Wallop But that it shall and may be lawful to and for the said Rachel Powre to hold and enjoy the same according to the said Decrée Proviso for Sir John Bourchier Provided alwayes and it is hereby further Enacted That it shall and may be lawfull to and for Barrington Bourchier Esquire Son and Heir of Sir John Bourchier herein before mentioned to hold and enjoy all and singular the Lands Tenements and Hereditaments to him lately granted and conveyed or mentioned to be granted and conveyed in and by certain Letters Patents under the Great Seal of England bearing date the Two and twentieth day of March in the thirtéenth year of His Majesties Reign against His Majesty His Heirs and Successors for ever according to the full intent and meaning of the said Letters Patents Any thing in this present Act contained to the contrary thereof in any wise notwithstanding Anno XIII Car. II. Regis ACTS made at the second meeting in this present Parliament begun at Westminster the 8th day of May Anno Dom. 1661. And there continued untill the 20th of December and from that day adjourned unto the seventh of January next ensuing as followeth CAP. I. An Act for the well Governing and Regulating of Corporations impowring the King to issue Commissions for the removing placing and restoring certain Officers and Members there FOr and within the several Cities Corporations and Burroughs and Cinque-Ports and their Members and other Port-Towns within the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed viz. All Mayors Aldermen Recorders Bailiffs Town-Clerks Common-Councel-men and other persons then bearing any Office or Offices of Magistracy or Places or Trusts or other Imployment relating to or concerning the Government of the said respective Cities Corporations and Burroughs and Cinque-ports and their Members and other Port-Towns and for tendring to all such the Oaths of Allegiance and Supremacy and this Oath following I A. B. do declare and believe That it is not lawful upon any pretence whatsoever to take Arms against the King and that I do abhor that Traiterous Position of taking Arms by His Authority against His Person or against those that are Commissioned by Him So help me God And also for subscribing this following Declaration I A. B. do declare That I hold that there lies no Obligation upon me or any other person from the Oath commonly called The Solemn League and Covenant and that the same was in it self an unlawful Oath and imposed upon the Subjects of this Realm against the known Laws and Liberties of the Kingdom EXP. 25. March 1663. as to the Power of the said Commission and Commissioners But None to be chosen any Officer in any Corporation that shall not have taken the Sacrament within a year next before Provided also and Enacted by the Authority aforesaid That from and after the expiration of the said Commissions no person or persons shall for ever hereafter be placed elected or chosen in or to any the Offices or Places aforesaid that shall not have within one year next before such Election or Choice taken the Sacrament of the Lords Supper according to the Rights of the Church of England and that every such person and persons so placed elected or chosen shall likewise take the aforesaid thrée Oaths and subscribe the said Declaration at the same time And shall take the said three Oaths and subscribe the said Declaration when the Oath for the due execution of the said Places and Offices respectively shall be administred And in default hereof every such placing election and choice is hereby Enacted and Declared to be void CAP. II. Vexations and Oppressions by Arrests and of Delayes in Suits of Law prevented WHereas by the Ancient and Fundamental Laws of this Realm The antient fundamental Law in proceeding to arrests upon Suits to express the true cause of Action in the Processe in case where any person is Sued Impleaded or Arrested by any Writ Bill or Process issuing out of any of His Majesties Courts of Records at Westminster in any Common Plea at the Suit of an◠Common person the true cause of Action ought to be set forth and particularly expressed in such Writ Bill or Process whereby the Defendant may have certain knowledge of the cause of the Suit and the Officer who shall execute such Writ Bill or Process may know how to take Security for the Appearance of the Defendant to the same and the sureties for such Appearances may rightly understand for what cause they become engaged And whereas there is a great Complaint of the People of this Realm that for divers years now last past very many of His Majesties good Subjects have béen arrested upon general Writs of Trespass quare clausum fregit Bills of Middlesex Latitat's and other like Writs issued out of the Courts of Kings Bench and Common-Pleas not expressing any particular or certain cause of Action and thereupon kept prisoners for a long time for want of Bail Bonds with Sureties for Appearances having béen demanded in so great sums that few or none have dared to be security for the Appearances of such persons so arrested and imprisoned although in truth there hath béen little or no cause of Action and often times there are no such persons who were named Plaintiffs but those Arrests have béen many times procured by malitious persons to vex and oppress the Defendants or to force from them unreasonable and unjust Compositions for obtaining their Liberty And by such evil practices many men have béen and are daily undone and destroyed in their Estates without possibility of having Reparation The Actors imployed in such practises having béen for the most part poor and lurking persons and their Actings so secret that it hath béen found very difficult to make true discoveries or proof thereof For remedy and prevention of which so great growing evils and mischiefs and also for discouraging all frivolous and uniust Suits and Causeless Arrests for the future Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled and by the Authority of the same That from and after the Twelfth day of February in the year of our Lord Persons arrested by Process out of the Kings Bench or Common Pleas not expressing the cause of Action how to be bailed and set to liberty upon their own Bonds for appearance One thousand six hundred sixty and one no person or persons who shall happen to be arrested by any Sheriff Vnder-sheriff
against him for discharging such prisoner Delayes in Suites by reason of 15 dayes between the Teste and Retorn of writs remedyed in actions personall And whereas very many Suits Commenced by Original Writs have béen protracted and long delayed from Iudgment and Execution by reason of the necessity of having fiftéen dayes at the least betwéen the dayes of the Teste and the dayes of Return of Writs now used in personal Actions and also in Actions of Ejectione Firmae for Lands and Tenements For remedy thereof and for the more easie expediting Trials and the better and more spéedy executing of Iudgments for the time to come Be it further Enacted by the Authority aforesaid That in all Actions of Debt and all other personal Actions whatsoever and also in all Actions of Ejectione firmae Ejectione firmae for Lands or Tenements now depending or which at any time hereafter shall be depending by Original Writ in either of His Majesties Courts aforesaid after any issue therein ioyned to be tried by a Iury and also after any Iudgment had or obtained or to be had or obtained in either of the Courts aforesaid Venire facias Habeas Corpora Jurator Distringas Jurator Fieri fac Capias ad satisfaciendum Capias ad satisfaciendum where Exigent lyeth after Iudgment or to make the Bail appear excepted 3. Jac. cap. 8. Touching staying executions by Supersedeas or Writs of Errour and what actions it may be stayd There shall not néed to be fiftéen dayes betwéen the Teste day and the day of Retorn of any Writ or Writs of Venire facias Habeas Corpora Juratorum or Distringas Juratores Writs of Fieri facias or Writs of Capias ad satisfaciendum and that the want of Fiftéen dayes between the Teste day and the day of Retorn of any such Writ shall not be nor shall be assigned taken or adjudged to be any matter or Cause of Errour any Law Custome Statute Course or Vsage to the contrary thereof in any wise notwithstanding Provided nevertheless that this Act nor any thing therein contained shall not Extend or be construed to Extend to any Writ of Capias ad Satisfaciendum whereon a Writ of Exigent after Iudgment is to be awarded nor to Capias ad Satisfaciendum against the Defendant in Order to make any Bail liable but that the same continue and be as if this Act had never béen made And whereas by an Act of Parliament made in the third year of the Reign of our late Soveraign Lord King James of Blessed Memory a very good Law was made for avoiding unnecessary delayes of Execution Whereby it is Enacted That no Execution shall be stayed or delayed upon or by any Writ of Errour or Supersedeas thereupon to be sued for the reversing of any Iudgment to be given in any Action or Bill of Debt upon any single Bond for Debt or upon any Obligation with Condition for payment of money onely or upon Action or Bill of Debt for Rent or upon any Contract sued in any of His Highness Courts of Record at Westminster or in the Counties Palatine of Chester Lancaster or Durham or in His Highness Courts of Great Sessions in any of the Twelve Shires of Wales unless such person or persons in whose name or names such Writ of Error shall be brought with two sufficient Sureties such as the Court wherein such Iudgment is or shall be given shall allow of shall first before such stay made or Supersedeas to be awarded be bound to the party for whom any such Iudgment was or should be given by Recognizance to be acknowledged in the same Court in double the sum adiudged to be recovered by the said former Iudgment to prosecute the said Writ of Error with effect and also to satisfie and pay if the said Iudgment shall be affirmed all and singular the Debts Damages and Costs adjudged or to be adjudged upon the former Iudgment And all Costs and Damages to be also awarded for the same delaying of Execution which Law hath béen found by experience to be very good and beneficial to the Common-Wealth And forasmuch as divers other Cases within the same mischief by delayes and staying of Execution by Writs of Error and Supersedeas thereupon are not provided for by the said Statute For further remedy against delayes and staying of Executions in the several Actions hereafter specified Be it further Enacted and Ordained by the Authority aforesaid In what Actions execution may be stayed by writ of Error by this Statute That from and after the twentieth day of January in the year of our Lord One thousand six hundred sixty and one no Execution shall be stayed in any of the Courts aforesaid by any Writ or Writs of Error or Supersedeas thereupon after any Verdict and Iudgment thereupon obtained in any Action of Debt grounded upon the Statute made in the second year of the Reign of the late King Edward the sixth for not setting forth of Tythes nor in any Action upon the Case upon any promise for payment of money Actions sur Trover Action of Covenant Detinue and Trespass unless such Recognizance and in such manner as by the said recited former Act is directed shall be first acknowledged in the said Court where such Iudgment is given And be it also Enacted by the Authority aforesaid The Defendant to have double Costs for delays of his Execution by writ of Error That if any person or persons after the said day shall Sue or Prosecute any Writ or Writs of Error for Reversal of any Iudgment whatsoever given after any Verdict in any of the Courts aforesaid and the said Iudgment shall afterwards be affirmed then every such person or persons shall pay unto the Defendant or Defendants in the said Writ or Writs of Error his or their double Costs to be assessed by the Court where such Writ of Error shall be depending for the delaying of Execution Provided nevertheless that this Act nor any thing therein contained Popular actions or upon a penal Law Indictments c. not within this Statute shall not extend to any Action Popular nor unto any other Action which is or hereafter shall be brought upon any penal Law or Statute except Debt for not setting out Tythes as aforesaid nor to any Indictment Presentment Inquisition Information or Appeal any thing herein before expressed to the contrary thereof notwithstanding CAP. III. An Act for Granting unto the Kings Majesty Twelve hundred and threescore thousand pounds to be Assessed and Levied by an Assessment of Threescore and ten thousand pounds by the Moneth for Eighteen Moneths EXP. CAP. IV. For enabling the Kings Majesty to make Leases Grants and Copies of Offices Lands Tenements and Hereditaments parcel of his Highness Dutchy of Cornwall or annexed to the same and for Confirmation of Leases and Grants already made WHereas a great part of the Lands part of and annexed to the Dutchy of Cornwall Stat. 22 Jac.
to 12 ◠a lawful Oath 16 Car. 2. c. 4. and contrary to the Word of God from and after the four and twentieth day of March in this present year of our Lord One thousand six hundred sixty and one shall wilfully and obstinately refuse to take an Oath where by the Laws of the Realm he or she is or shall be bound to take the same being lawfully and duly tendred or shall endeavour to perswade any other person to whom any such Oath shall in like manner be duly and lawfully tendred to refuse and forbear the taking of the same or shall by Printing Writing or otherwise go about to maintain and defend that the taking of an Oath in any case whatsoever is altogether unlawful And if the said persons commonly called Quakers shall at any time after the said four and twentieth day of March depart from the places of their several habitations and assemble themselves to the number of five or more of the age of sixtéen years or upwards at any one time in any place under pretence of joyning in a Religious worship not authorized by the Laws of this Realm that then in all and every such cases the party so offending being thereof lawfully convict by verdict of twelve men or by his own confession or by the notorious evidence of the fact shall lose and forfeit to the Kings Majesty his Heirs and Successors for the first offence such sum as shall be imposed upon him or her not excéeding five pounds And if any person or persons being once convicted of any such offence shall again offend therein and shall in form aforesaid be thereof lawfully convicted shall for the second offence forfeit to the King our Soveraign Lord his Heirs and Successors The second offence such sum as shall be imposed upon him or her not exceeding ten pounds The said respective penalties to be levied by distress and Sale of the parties goods so convicted by warrant of the parties before whom they shall be so convicted rendring the overplus to the owners if any be and for want of such distress or non-payment of the said penalty within one wéek after such conviction that then the said parties so convicted shall for the first offence be committed to the Common-Goal or house of Correction for the space of thrée months and for the second offence during six moneths without bail or Mainprize there to be kept at hard labour which said monyes so to be levyed shall be paid to such person or persons as shall be appointed by those before whom they shall be convicted to be imployed for the increase of the stock of the House of Correction to which they shall be committed and providing materials to set them on work And if any person after he in form aforesaid hath béen twice convict of any of the said offences shall offend the third time and be thereof in form aforesaid lawfully convict that then every person so offending and convict The third offence shall for his or her third offence abjure the Realm or otherwise it shall and may be lawful to and for his Majesty his Heirs and Successors to give order and to cause him her or them to be transported in any Ship or Ships to any of his Majesties Plantations beyond the Seas And it is Ordained and Enacted by the Authority aforesaid Who may hear and determine the offences within this Act. That all and every Iustice of Oyer and Terminer Iustices of Assize and Goal-delivery and the Iustices of the Peace shall have full Power and Authority in every of their open and General Sessions to enquire hear and determine all and every the said Offences within the limits of their Commission to them directed and to make Process for the execution of the same as they may do against any person being indicted before them of Trespass or lawfully convicted thereof And be it also Enacted That it shall and may be lawful to and for any Iustice of Peace Mayor or other chief Officer of any Corporation within their several Iurisdictions to commit to the Common Goal or bind over with sufficient Sureties to the Quarter-Sessions any person or persons offending in the Premisses in order to his or their conviction aforesaid Provided alwayes and be it hereby further Enacted That if any of the said persons How persons submitting may be discharged from the penalties shall after such conviction as aforesaid take such Oath or Oaths for which he or she stands committed and also give security that he or she shall for the time to come forbear to meet in any such unlawful Assembly as aforesaid that then and from thenceforth such person and persons shall be discharged from all the penalties aforesaid any thing in this Act to the contrary notwithstanding Provided alwayes and be it Ordained and Enacted by the Authority aforesaid Lords of the Parliament That all and singular Lords of the Parliament for every third offence committed against the tenor of this Act shall be tryed by their Péers and not otherwise CAP. II. For repairing the High-wayes and Sewers and paving and keeping clean of the Streets in and about London and Westminster and for reforming of Annoyances and Disorders there and for the Regulating and Licensing of Hackney Coaches and for the enlarging of several strait and inconvenient Streets and Passages FOrasmuch as the Common High-wayes leading unto and from the Cities of London and Westminster and the Suburbs thereof and other places within the present Wéekly Bills of Mortality by reason of the multitude of Houses lately built and through the stopping and filling up the Ditches and Sewers and neglect of timely reparations are at present and for some years past have béen so miry and foul as is not only very noisom dangerous and inconvenient to the Inhabitants thereabouts but to all the Kings Liege People riding and travelling to and from the said Cities May it therefore please Your most Excellent Majesty that it may be Enacted And be it Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled Commissioners to be named by his Majesty under the Great seal for Surveying and cleansing the Streets High-wayes and by the Authority of the same That for the Surveying Ordering and managing of the said High-wayes Stréets Allies and other Passages within the said Cities and places aforesaid and all things necessary for the Repairing Paving or kéeping clean thereof there be from henceforward Commissioners to be nominated by his Majesty under the Great Seal of England not excéeding the number of one and twenty besides such other Commissioners as are by this Act nominated and appointed whereof the Surveyor of his Majesties Works for the time being to be alwayes one that shall have their place of meeting at the Office of his Majesties Works in Scotland-yard or at some one other place as they or
paving the Ways and Stréets to be levied by Distress by Warrant under the Hands and Seals of Five or more of the other Commissioners that shall be appointed for the Paving and mending of the Stréets and High-Wayes And be it further Enacted by the Authority aforesaid That no Hackney Coachmen so licensed The several rates allowed for Hackney Coaches shall presume to take for his Hire in or about the Cities of London and Westminster above the rate of ten shillings for a day reckoning twelve hours to the day and by the hour not above eightéen pence for the first hour and twelve pence for every hour after and that no Gentleman or other person shall pay from any of the Inns of Court or thereabouts to any part of St. James or City of Westminster except beyond Tuttle-street above Twelve pence and the same prizes from the same places to the Inns of Court or places thereabouts and from any of the said Inns of Court or thereabouts to the Royal-Exchange twelve pence and if to the Tower of London or to Bishops-gate-stréet or Aldgate or thereabouts eightéen pence and so from the same places to the said Inns of Court as aforesaid The penalty for exacting more and the like rates from and to any place at the like distance with the places before mentioned And if any Coachman shall refuse to go at or shall exact more for his hire then the several rates hereby limited he shall for every such offence forfeit the sum of ten shillings And be it further Enacted That every Coach so licensed as aforesaid shall pay to the Commissioners that shall be appointed for the regulating and Licensing of Hackney-Coaches the yearly rent of five pounds and no more whereof fifty shillings shall be paid at or before the twenty sixth day of May One thousand six hundred sixty and two and the sum of five and twenty shillings at or upon the Feast day of St. Michael the Archangel next coming and Twenty five shillings at the Feast of the Nativity of our Lord Christ and from henceforward to be paid Quarterly at the four most usual Feasts of the Year by equall portions that is to say at the Annunciation of the Blessed Virgin St. John the Baptist St. Michael the Arch-angel and the Nativity of our Lord Christ which said sum and sums of money the said Commissioners for the Hackney-Coaches shall from time to time pay or cause to be paid to the Commissioners appointed for the paving and amending of the Stréets and High-wayes within this Bill contained or to such Treasurer or Receiver as they shall appoint and the said Commissioners for Hackney-Coaches shall likewise from time to time certify to the Commissioners appointed for the paving of the Stréets and High-wayes the names and dwellings of all such persons as they shall license to drive or kéep Hackney-Coaches together with the several Figures or Marks of distinction which are appointed to belong and be affixed to the several Coaches to the intent that discovery may the better be made of any abuses that shall be committed if any shall presume to affix the Figure or Mark of distinction to any Coach which belong of right to another and whereby the Commissioners for the paving and amending the Stréets and High-wayes shall be enabled to call the said Commissioners for the Hackney-Coaches to a true and due accompt And in case any overplus shall be of the Moneys appointed by this Act to be raised for the Paving and Mending the Wayes and Stréets as aforesaid then such overplus shall be imployed towards the Enlargement of such Stréets or places as are to be enlarged by vertue of this Act. And be it further Enacted by the Authority aforesaid That every Load of Hay Every load of hay and straw rated towards mending the street which from the first day of May One thousand six hundred sixty and two shall be brought and stand to be sold upon any the Wayes hereby in this Act expressed and adjudged fit to be new paved shall pay six pence for every Load and likewise every Cart of Straw to be sold in the said places shall after the said day pay two pence which said sums shall be paid to the Commissioners which shall be appointed for the Paving and Amending the High-wayes and Stréets or such as they shall appoint for and towards the Paving of the Stréets and High-wayes And be it further Enacted by the Authority aforesaid That all Fines Rents How the penalties upon this Act may be levied Forfeitures and Penalties as shall grow due and payable to the said Commissioners by this Act shall be levied by Distress upon the Goods and Chattels of the Offender or Offenders by Warrant under the hands and Seals of the Commissioners or any five or more of them which shall be appointed by his Majesty which shall be sold within fourtéen dayes and the Overplus returned to the Owner and in default of Distress or not payment the person or persons so offending or neglecting to pay shall lye in Prison without Bail or Mainprize till he or they have paid such Rent Fine Forfeiture and Penalty as was due from him or them And the said Commissioners for the Stréets and Wayes The Commissioners may appoint a Treasurer Clerk other Officers for the service or any Five or more of them so met as aforesaid are hereby impowred to appoint a Treasurer or Collector and Clerk to attend them or such other Officer or Officers as they shall find necessary for the carrying on of the said Service with such moderate Allowances as shall be fit and in case any person shall propose to carry away the ashes dirt and other filth for all or any the places aforesaid at less rates then the yearly Raker or Vndertaker can or will perform the same the said Commissioners shall have power and are hereby authorized to contract with such person and for such term as they shall think fit and they are also to require an accompt from time to time of all Scavengers within the said places and all other person or persons that shall receive or disburse any moneys for the purposes in this Bill contained And may hear and determine all differences about paving and cleansing the streets as often as they or any Five or more of them so met as aforesaid shall think fitting and necessary and shall hear and determine all Disputes and Differences concerning the Right and Duty of Paving and kéeping clean any of the Stréets Lanes or Allies or publick yards within the places aforesaid The power duties of Scavengers and Rakers Provided alwayes That the respective Scavengers Rakers or other Vndertakers shall have liberty by the approbation of the said Commissioners or any five or more of them so met as aforesaid to lodg their Ashes Dust Dirt or other filth in such vacant publick places in or near the Stréets or High-wayes as shall be thought convenient by the said
Commissioners for the accommodation of Countrey Carts returning empty And the said Scavengers Rakers or other Vndertakers shall have liberty to pass through such Wharfs Docks or Yards with their Ashes Dust Dirt c. as shall be judged by the Commissioners to be most commodious for the carrying the same by Water they giving satisfaction to the Owners or Occupiers of such Wharfs or Yards and in case of unreasonable Demands the said Commissioners shall hear moderate and determine the same according to Equity and good Conscience and in case any person or persons shall find him or themselves agrieved or prejudiced by such Determination of the said Commissioners How persons grieved may appeal or by any other the Acts or Procéedings of the said Commissioners wherein he or they shall conceive themselves relievable in Iustice or Equity the said party so agrieved shall and may have recourse in all cases to the Lord Treasurer Chancellor of the Exchequer and Barons of the Court of Exchequer to set forth his or their Case by Petition Bill or Plaint And the said Court is hereby impowred in such case of Appeal to hear and determine all matters to them complained of concerning the same and thereupon to revoke make void alter or confirm such Acts or Procéedings of the said Commissioners as shall be agréeable to Equity and Iustice The Commissioners to be be called to accompt in the Exchequer yearly And the said Court of Exchequer is hereby also further impowred yearly to call the said Commissioners to an account for all Rents Fines Penalties Contributions or any other sum or sums of Money payable or that shall come to their or any of their hands for any of the purposes in this Act intended And the said Commissioners are hereby required at or before every Trinity Term to deliver in a true account before the Barons of the said Court of all their Receipts and Disbursments for the Year ended at Easter then past and in default thereof Process shall of course be made forth against the said Commissioners by the Clerk of the Extracts of the said Court at the Sealing-day for the said Trinity-Term every Year respectively And be it further Enacted by the Authority aforesaid That the Decrée made at a Session of Sewers at Westminster-Hall Westminster within the City of Westminster and County of Middlesex the eighth day of August One thousand six hundred sixty and one holden before John Lord Roberts Lord Privy Seal James Duke of Ormond in the Kingdom of Ireland Lord Steward of his Majesties Houshold and Earl of Brecknock Mountague Earl of Lindsey Edward Earl of Manchester and others the Commissioners of Sewers then and there assembled by Authority of his Majesties Commission of Sewers to them and others directed for the making of two new Sewers and enlarging and amending the old Sewers near Charing-Cross for conveying the Water away from annoying his Majesties Palace at White-Hall be and is hereby ratified and confirmed and shall be put in execution according to the true intent and meaning thereof with full power to levy all the Arrears as by a Commission of Sewers can or may be done And all and every person and persons imployed or that have acted therein be and are hereby indemnified and saved harmless from all manner of Suits and Actions that may or shall be brought against any of them for the same And whereas great quantities of Sea-coal-ashes dust dirt and other filth of late times have béen and daily are thrown into the Stréets Lanes and Allies of the Cities of London and Westminster and Borough of Southwark and other parts adjacent to the great Annoyance of Your Majesties good People Be it therefore Enacted by the Authority aforesaid That all and every person and persons inhabiting within the said Cities of London and Westminster and the Suburbs and Liberties thereof and the Borough of Southwark or in any of the said new built stréets Lanes All streets and lanes to be cleansed every week or Allies shall from the first day of May One thousand six hundred sixty and two swéep and cleanse or cause to be swept and cleansed all the Stréets Lanes Allyes and publick places before their respective Houses Buildings and Walls twice every wéek that is to say on every Wednesday and every Saturday in the wéek and all the soil dirt and other filth shall cause to be taken up into Baskets Tubbs or other Vessels ready for the Raker Scavenger or other Officer appointed for that purpose to carry away The penalties for neglect thereof None to cast any ashes or dust before their houses The penalty upon pain to forfeit thrée shillings and four pence for every offence or neglect respectively And that no person or persons whatsoever shall throw cast or lay or cause permit or suffer to be thrown cast or laid any Sea-coal-ashes dust dirt or other filth or annoyance in any open Street Lane or Alley within the said Cities or places aforesaid before or against his her or their own dwelling Houses Buildings or Walls on the Penalty of five shillings and if before the Houses Buildings or Walls of any of their Neighbours or other the Inhabitants of the Cities or Places aforesaid or before or against any Church or Church-yard or any of his Majesties Houses Buildings or Walls or any other publick Houses Buildings or places whatsoever or shall cast lay or throw or cause to be cast laid or thrown into any common or publick Sink Vault Water-course common Sewer or High-way within the said Cities or places aforesaid or any other private Vault or Sink of any of his Neighbours or other Inhabitants any Ashes Dust Filth Ordure or other noysome thing whatsoever but shall kéep or cause the same to be kept in their respective Houses Back-sides or Yards untill such time as the Raker Scavenger or other Officer thereto appointed of the Ward Parish Stréet or place where they dwell do come by or near their houses or doors with his Cart Barrow or other thing or things used for cleansing the Streets and carrying away thereof and then shall carry or cause to be carried the said Ashes Dust or other Filth and Annoyance aforesaid forth of their houses and deliver it unto the said Raker Scavenger or Officer or otherwise put the same in his Cart Barrow or other thing as aforesaid upon pain to forfeit the sum of twenty shillings for every such Offence And be it further Enacted That the respective Church-Wardens White-Hall Church-yards and houses of Noblemen the House-kéepers of White-Hall and other his Majesties Houses House-kéepers or Porters of Noble-mens houses Vshers Porters or Kéepers of Courts of Iustice and all other Publick Houses and Places respectively shall be lyable to and shall suffer the like Penalties Forfeitures and Punishments for every the before-mentioned Offences or Neglects committed done or suffered to be done before any Church or Church-yard or before any of His Majesties Houses Buildings or
Worship belonging to his said Benefice or Promotion upon some Lords Day before the Feast of Saint Bartholomew which shall be in the year of our Lord God One thousand six hundred sixty and two openly publiquely and solemnly Read the Morning and Evening Prayer appointed to be Read by and according to the said Book of Common Prayer at the times thereby appointed and after such reading thereof shall openly and publikely before the Congregation there assembled declare his unfeigned assent and consent to the use of all things in the said Book contained and prescribed In these words and no other I A. B. Do here declare my unfeigned assent and consent to all and every thing contained and prescribed in and by the Book intituled The Book of Common Prayer and Administration of the Sacraments and other Rites and Ceremonies of the Church according to the use of the Church of England together with the Psalter or Psalms of David Pointed as they are to be sung or said in Churches and the Form or manner of Making Ordaining and Consecrating of Bishops Priests and Deacons The Penalty for refusing And that all and every such person who shall without some lawful impediment to be allowed and approved of by the Ordinary of the place neglect or refuse to do the same within the time aforesaid or in case of such Impediment within one Moneth after such Impediment removed shall ipso facto be deprived of all his Spiritual Promotions And that from thenceforth it shall be lawful to and for all Patrons and Donors of all and singular the said Spiritual Promotions or of any of them according to their respective Rights and Titles to present or collate to the same as though the person or persons so offending or neglecting were dead Every person hereafter to be promoted to any Ecclestiastical Benefice shall read the Common Prayer and declare his assent thereto And be it further Enacted by the Authority aforesaid That every person who shall hereafter be presented or collated or put into any Ecclesiastical Benefice or Promotion within this Realm of England and places aforesaid shall in the Church Chappel or place of publick worship belonging to his said Benefice or Promotion within two moneths next after that he shall be in the actual possession of the said Ecclesiastical Benefice or Promotion upon some Lords Day openly publickly and solemnly Read the Morning and Evening Prayers appointed to be Read by and according to the said Book of Common Prayer at the times thereby appointed and after such reading thereof shall openly and publickly before the Congregation there assembled declare his unfeigned assent and consent to the use of all things therein contained and prescribed according to the form before appointed The penalty for not so doing the same And that all and every such person who shall without some lawful Impediment to be allowed and approved by the Ordinary of the place neglect or refuse to do the same within the time aforesaid or in case of such Impediment within one moneth after such Impediment removed shall ipso facto be deprived of all his said Ecclesiastical Benefices and Promotions And that from thenceforth it shall and may be lawful to and for all Patrons and Donors of all and singular the said Ecclesiastical Benefices and Promotions or any of them according to their respective Rights and Titles to present or collate to the same as though the person or persons so offending or neglecting were dead Incumbents of Livings keeping Curates shall read the same once every moneth And be it further Enacted by the Authority aforesaid That in all places where the proper Incumbent of any Parsonage or Vicarage or Benefice with Cure doth reside on his Living and kéep a Curate the Incumbent himself in person not having some lawful Impediment to be allowed by the Ordinary of the place shall once at the least in every moneth openly and publickly read the Common Prayers and Service in and by the said Book prescribed and if there be occasion Administer each of the Sacraments and other Rites of the Church in the Parish Church or Chappel of or belonging to the same Parsonage Vicarage or Benefice in such order manner and form The penalty and manner of conviction for not doing it as in and by the said Book is appointed upon pain to forfeit the sum of Five pounds to the use of the poor of the Parish for every offence upon conviction by confession or proof of two credible Witnesses upon Oath before two Iustices of the Peace of the County City or Town Corporate where the offence shall be committed which Oath the said Iustices are hereby impowred to Administer and in default of payment within ten dayes to be levied by distress and sale of the Goods and Chattels of the Offender by the Warrant of the said Iustices by the Church-wardens or Overséers of the poor of the said Parish rendring the surplusage to the party Deans Canons Prebendaries c. shall subscribe the Declaration 15 Car. 2. cap. 6. And be it further Enacted by the Authority aforesaid That every Dean Canon and Prebendary of every Cathedral or Collegiate Church and all Masters and other Heads Fellows Chaplains and Tutors of or in any Colledge Hall House of Learning or Hospital and every publick Professor and Reader in either of the Vniversities and in every Colledge elsewhere and every Parson Vicar Curate Lecturer and every other person in holy Orders and every School-master kéeping any publick or private School and every person Instructing or Teaching any Youth in any House or private Family as a Tutor or School-master who upon the First day of May which shall be in the year of our Lord God One thousand six hundred sixty two or at any time thereafter shall be Incumbent or have possession of any Deanry Canonry Prebend Mastership Headship Fellowship Professors place or Readers place Parsonage Vicarage or any other Ecclesiastical Dignity or Promotion or of any Curates place Lecture or School or shall instruct or teach any Youth as Tutor or School-master shall before the feast-Feast-day of St. Bartholomew which shall be in the year of our Lord One thousand six hundred sixty two or at or before his or their respective admission to be Incumbent or have possession aforesaid subscribe the Declaration or Acknowledgment following Scilicet The Decla ∣ ration I A. B. Do declare That it is not lawful upon any pretence whatsoever to take up Arms against the King and that I do abhor that Traiterous Position of taking Arms by His Authority against His Person or against those that are Commissionated by him And that I will conform to the Liturgy of the Church of England as it is now by Law established And I do declare That I do hold there lies no Obligation upon me or on any other person from the Oath commonly called The Solemn League and Covenant to endeavour any change or alteration of Government either
in Church or State And that the same was in it self an unlawful Oath and Imposed upon the Subjects of this Realm against the known Laws and Liberties of this Kingdome Which said Declaration and Acknowledgment shall be Subscribed by every of the said Masters and other Heads Fellows Chaplains and Tutors of or in any Colledge Hall or House of Learning and by every publick Professor and Reader in either of the Vniversities before the Vice-Chancellor of the respective Vniversities for the time being or his Deputy And the said Declaration or Acknowledgment shall be Subscribed before the respective Archbishop Bishop or Ordinary of the Diocess by every other person hereby enjoyned the same The penalty for not subscribing upon pain that all and every of the persons aforesaid failing in such Subscription shall lose and forfeit such respective Deanry Canonry Prebend Mastership Headship Fellowship Professors place Readers place Parsonage Vicarage Ecclesiastical Dignity or Promotion Curates place Lecture and School and shall be utterly disabled and ipso facto deprived of the same And that every such respective Deanry Canonry Prebend Mastership Headship Fellowship Professors place Readers place Parsonage Vicarage Ecclesiastical Dignity or Promotion Curates place Lecture and School shall be void as if such person so failing were naturally dead And if any School-master or other person Instructing School-Masters in private houses or Teaching Youth in any private House or Family as a Tutor or School-Master shall Instruct or Teach any Youth as a Tutor or School-Master before Licence obtained from his respective Archbishop Bishop or Ordinary of the Diocess according to the Lawes and Statutes of this Realm for which he shall pay twelve-pence only and before such Subscription and Acknowledgment made as aforesaid Then every such School-master and other Instructing and Teaching as aforesaid shall for the first offence suffer thrée months Imprisonment without bail or mainprize and for every second and other such offence shall suffer thrée months Imprisonment without bail or mainprize and also forfeit to his Majesty the sum of Five pounds And after such Subscription made every such Parson Vicar Curate and Lecturer shall procure a Certificate under the Hand and Seal of the respective Archbishop Bishop or Ordinary of the Diocess who are hereby enjoyned and required upon demand to make and deliver the same and shall publickly and openly Read the same together with the Declaration or Acknowledgment aforesaid upon some Lords Day within thrée months then next following in his Parish Church where he is to officiate in the presence of the Congregation there assembled in the time of Divine Service upon pain that every person failing therein shall lose such Parsonage Vicarage or Benefice Curates place or Lecturers place respectively and shall be utterly disabled and ipso facto deprived of the same And that the said Parsonage Vicarage or Benefice Curates place or Lecturers place shall be void as if he was naturally dead Provided alwayes That from and after the Twenty fifth day of March What to be omitted in the Declaration after the 25. March 1682. which shall be in the year of our Lord God One thousand six hundred eighty two there shall be omitted in the said Declaration or Acknowledgment so to be Subscribed and Read these words following Scilicet ANd I do declare That I do hold there lies no Obligation on me or on any other person from the Oath commonly called the Solemn League and Covenant to endeavour any change or alteration of Government either in Church or State and that the same was in it self an unlawful Oath and imposed upon the Subjects of this Realm against the know Laws and Liberties of this Kingdom So as none of the persons aforesaid shall from thenceforth be at all obliged to Subscribe or Read that part of the said Declaration or Acknowledgment Provided alwayes and be it Enacted That from and after the Feast of St. Bartholomew Persons not Ordained Priests or Deacons according to Episcopal Ordination shall not hold any Ecclesiastical Promotion which shall be in the year of our Lord One thousand six hundred sixty and two no person who now is Incumbent and in possession of any Parsonage Vicarage or Benefice and who is not already in Holy Orders by Episcopal Ordination or shall not before the said Feast-day of St. Bartholomew be Ordained Priest or Deacon according to the form of Episcopal Ordination shall have hold or enjoy the said Parsonage Vicarage Benefice with Cure or other Ecclesiastical Promotion within this Kingdom of England or the Dominion of Wales or Town of Berwick upon Tweed But shall be utterly disabled and ipso facto deprived of the same And all his Ecclesiastical Promotions shall be void as if he was naturally dead Nor shall consecrate or administer the Holy Sacrament if not Ordained according to the Book of Common Prayer And be it further Enacted by the Authority aforesaid That no person whatsoever shall thenceforth be capable to be admitted to any Parsonage Vicarage Benefice or other Ecclesiastical Promotion or Dignity whatsoever nor shall presume to Consecrate and Administer the holy Sacrament of the Lords Supper before such time as he shall be Ordained Priest according to the form and manner in and by the said Book prescribed unless he have formerly béen made Priest by Episcopal Ordination upon pain to forfeit for every offence the sum of One hundred pounds The Penalty One moyety thereof to the Kings Majestie the other moyety thereof to be equally divided betwéen the poor of the Parish where the offence shall be committed and such person or persons as shall sue for the same by Action of Debt Bill Plaint or Information in any of His Majesties Courts of Record wherein no Essoign Protection or Wager of Law shall be allowed And to be disabled from taking or being admitted into the Order of Priest by the space of one whole year then next following Provided That the penalties in this Act shall not extend to the Forreiners or Aliens of the Forrein Reformed Churches allowed or to be allowed by the Kings Majesty his Heirs and Successors in England Provided alwayes That no title to confer or present by lapse shall accrue by any avoidance or deprivation ipso facto by vertue of this Statute but after six months after notice of such voidance or deprivation given by the Ordinary to the Patron or such sentence of deprivation openly and publickly Read in the Parish Church of the Benefice Parsonage or Vicarage becoming void or whereof the Incumbent shall be deprived by vertue of this Act. No other form of Common Prayer to be openly used in any Church or publique place And be it further Enacted by the Authority aforesaid That no Form or Order of Common Prayers Administration of Sacraments Rites or Ceremonies shall be openly used in any Church Chappel or other publick place of or in any Colledg or Hall in either of the Vniversities the Colledges of
Goal of the same County City or Town Corporate accordingly Provided alwayes and be it further Enacted by the Authority aforesaid Common Prayer to be read before every Lecture and the Lecturer to be present That at all and every time and times when any Sermon or Lecture is to be Preached the Common Prayers and Service in and by the said Book appointed to be Read for that time of the day shall be openly publickly and solemnly Read by some Priest or Deacon in the Church Chappel or place of Publick Worship where the said Sermon or Lecture is to be Preached before such Sermon or Lecture be preached And that the Lecturer then to Preach shall be present at the Reading thereof Provided nevertheless That this Act shall not extend to the Vniversity Churches Proviso for Sermons and Lectures in the Vniversities in the Vniversities of this Realm or either of them when or at such times as any Sermon or Lecture is Preached or Read in the said Churches or any of them for or as the publick Vniversity Sermon or Lecture but that the same Sermons and Lectures may be preached or read in such sort and manner as the same have béen heretofore preached or read this Act or any thing herein contained to the contrary thereof in any wise notwithstanding And be it further Enacted by the Authority aforesaid That the several good Laws The Lawes and Statutes formerly made for Vniformity of Common Prayer confirmed and to be executed for punishing offendors against this Law and Statutes of this Realm which have béen formerly made and are now in force for the Vniformity of Prayer and Administration of the Sacraments within this Realm of England and places aforesaid shall stand in full force and strength to all intents and purposes whatsoever for the establishing and confirming of the said Book Intituled The Book of Common Prayer and Administration of the Sacraments and other Rites and Ceremonies of the Church according to the use of the Church of England together with the Psalter or Psalms of David pointed as they are to be sung or said in Churches and the form or manner of Making Ordaining and Consecrating of Bishops Priests and Deacons herein before mentioned to be joyned and annexed to this Act and shall be applied practised and put in ure for the punishing of all offences contrary to the said Lawes with relation to the Book aforesaid and no other Provided alwayes and be it further Enacted by the Authority aforesaid Letanies and Collects relating to the King Queen c. That in all those Prayers Letanies and Collects which do any way relate to the King Quéen or Royal Progeny the Names be altered and changed from time to time and fitted to the present occasion according to the direction of lawful Authority True printed Copies of the Book of Common Prayer to be provâ—ded in all Parishes and Churches Provided also and be it Enacted by the Authority aforesaid That a true Printed Copy of the said Book Entituled The Book of Common Prayer and Administration of the Sacraments and other Rites and Ceremonies of the Church according to the use of the Church of England together with the Psalter or Psalms of David pointed as they are to be sung or said in Churches and the form and manner of Making Ordaining and Consecrating of Bishops Priests and Deacons shall at the costs and charges of the Parishioners of every Parish-Church and Chappelry Cathedral Church Colledg and Hall be attained and gotten before the feast-Feast-day of St. Bartholomew in the year of our Lord One thousand six hundred sixty and two upon pain of forfeiture of thrée pounds by the moneth for so long time as they shall then after be unprovided thereof by every Parish or Chappelry Cathedral Church Colledge and Hall making default therein Proviso for the Bishops of Hereford St. Davies Asaph Bangor Landaff Provided alwayes and be it enacted by the Authority aforesaid That the Bishops of Hereford St. Davies Asaph Bangoâ— and Landaff and their Successors shall take such order among themselves for the souls health of the Flocks committed to their Charge within Wales That the Book hereunto annexed be truly and exactly Translated into the Brittish or Welsh Tongue and that the same so Translated and being by them or any thrée of them at the least viewed perused and allowed be Imprinted to such number at least so that one of the said Books so Translated and Imprinted may be had for every Cathedral Collegiate and Parish Church and Chappel of Ease in the said respective Diocesses and places in Wales where the Welsh is commonly spoken or used before the First day of May One thousand six hundred sixty five And that from and after the Imprinting and publishing of the said Book so Translated the whole Divine Service shall be used and said by the Ministers and Curates throughout all Wales within the said Diocesses where the Welsh Tongue is commonly used in the Brittish or Welsh Tongue in such manner and form as is prescribed according to the Book hereunto annexed to be used in the English Tongue differing nothing in any order or form from the said English Book for which Book so Translated and Imprinted the Church-Wardens of every the said Parishes shall pay out of the Parish-money in their hands for the use of the respective Churches and be allowed the same on their Accompt And that the said Bishops and their Successors or any thrée of them at the least shall set and appoint the price for which the said Book shall be sold And one other Book of Common Prayer in the English Tongue shall be bought and had in every Church throughout Wales in which the Book of Common Prayer in Welsh is to be had by force of this Act before the First day of May One thousand six hundred sixty and four and the same Book to remain in such convenient places within the said Churches that such as understand them may resort at all convenient times to read and peruse the same and also such as do not understand the said Language may be conferring both Tongues together the sooner attain to the knowledg of the English Tongue Any thing in this Act to the contrary notwithstanding and until Printed Copies of the said Book so to be Translated may be had and provided The Form of Common Prayer established by Parliament before the making of this Act shall be used as formerly in such parts of Wales where the English Tongue is not commonly understood And to the end that the true and perfect Copies of this Act and the said Book hereunto annexed may be safely kept and perpetually preserved and for the avoiding of all disputes for the time to come True and perfect Copies of this Act and the Book of Common Prayer by whom and how to be had and kept Be it therefore Enacted by the Authority aforesaid That the respective Deans and Chapters of Every Cathedral or
In what cases Gravel Stones c. may be digged in mens several grounds That where there is not sufficient Gravel Chalk Stones Cinders and Sand or other Materials for to repair the High-ways within the Common or Waste grounds of any Parish Township or Hamlet for to amend and repair the High-ways therein it shall and may be lawful for the said Surveyor or Surveyors or such as they shall appoint to enter into the several ground not being an House Orchard Garden Court-yard Park with Déer in it or Meadow of any person or persons within the said Parish Township or Hamlet near adjoyning to the High-ways to be repaired where any such Materials are or may be found and to dig take and carry away from time to time such quantities thereof as the said Surveyor or Surveyors shall judge necessary for the said reparations without paying any thing for the said Materials except only where they have formerly béen paid for by Custom or Composition and at such rates as heretofore were paid for the same rendring only such damages to the Occupier or Owner thereof as he shall sustain by the digging and carriage thereof to be assessed by two Iustices of Peace near the said Parish in cases of difference about the same Provided That the pits and holes so digged be filled up in such manner and under such penalties as are prescribed in the Statute made in the Fifth year of Quéen Elizabeth concerning the amending of High-ways And be it further Enacted by the Authority aforesaid What number of Horses or Oxen may be used in Carts and Carriages upon the High-ways That from and after the Nine and twentieth day of September which shall be in the year of our Lord One thousand six hundred sixty and two no travelling Waggon Wain Cart or Carriage wherein any Burthens Goods or Wares are or shall be carried or drawn for hire other then such Carts and Carriages as are imployed in and about husbandry and manuring of Lands and in the carrying of Hay Straw Corn unthreshed Coal Chalk Timber for Shipping Materials for Building Stones of all sorts or such Ammunition or Artillery as shall be for His Majesties Service shall at any one time travel be drawn or go in any Common or Publick High-way or Road with above seven Horse-beasts whereof six shall draw in pairs and not with above eight Oxen And what Weight or six Oxen and two Horse-beasts nor shall at any time carry above Twenty hundred weight betwéen the first day of October and the first of May nor above Thirty hundred weight betwéen the first of May and the first of October except such particulars as aforesaid nor above five Quarters of Wheat Meal Messine Rye Pease Beans and Tares nor above eight Quarters of Barley Malt or Oats and after that proportion nor shall any Waggon Wayn No Wheels to be under 4. inches breadth in the Tyre Cart or Carriage for the uses aforesaid be imployed the Whéels whereof are less in breadth then four Inches in the Tyre upon pain that every Owner of such Waggon Wayn Cart Carriage Horse-beasts or Oxen shall forfeit for every of the said offences the sum of Forty shillings The Penalty and how to be disposed to be divided into thrée equal parts One part thereof to the Surveyors of the High-ways of the Town Village or Hamlet where any of the said Offences shall be committed to be imployed in the Repairs of the said High-ways One other part to the Overséers of the poor of the Parish where any of the said Offences shall be committed for the relief of the poor of the said Parish and the other part thereof to him that shall discover and prosecute for any of the said offences the said penalty to be levied by distress of all or any of the said Horse-beasts or Oxen and to be distributed as aforesaid by the Constable Surveyor or Surveyors of the said High-ways Overséer or Overséers of the poor or any of them And in case the said penalties shall not be paid within thrée days after such distress that then it shall be lawful to and for the said persons so distraining as aforesaid to sell the same and to restore the overplus to the Owner the charges of kéeping selling first deducted And be it further Enacted That all and every the said offences shall be The offences declared common Nusances All Suits upon this Act shall be laid in their proper County and the Defendant may plead the general Issue and are hereby declared and adjudged to be common Nusances And be it further Enacted That if any Suit shall be commenced against any person for any thing done in pursuance of this Act that in every such case the Action shall be laid in the proper County where the fact was done and not elsewhere and the Defendant may plead the general Issue and give this Act and the special matter in evidence at the Tryal and if it shall so appear to be done or that it was not done in the County where the said Suit is commenced that then the Iury shall find for the Defendant and in such case as also if the Plaintiff shall be non-suit or discontinue his Action after the Defendant hath appeared or if upon Demurrer Iudgment be given against the Plaintiff or if upon Tryal a Verdict pass for the Defendant the Defendant shall have his double Costs and the like remedy for the same as any Defendant hath in any other case by Law And be it further Enacted by the Authority aforesaid All Moneys raised by Assessment Issues forfeited c. shall be levied and imployed for mending the High-ways That all sums of money so rated and assessed as aforesaid and all charitable Gifts formerly given or to be given for the making amending and kéeping in repair of any common and publick High-ways Pavements and Cawseys except as hereafter is excepted and all Fines Penalties Forfeitures and other sums of money arising by Assessment or otherwise by this Act not otherwise by this Act disposed of and all Issues to be forfeited for not appearing to any Information or Indictment for not repairing any High-ways or removing Nusances out of the same and all Fines and Amerciaments to be imposed upon any Parish Town Village or Hamlet or upon any private person for not repairing of common and publick High-ways which are not otherwise disposed by this Act shall be employed and bestowed by the said Surveyors within the respective Parishes Towns Villages and Hamlets to which such charitable Gifts are given and bestowed and within which such Assessment Fines Penalties Forfeitures Issues and Amerciaments are imposed happened or made in paying for Materials Workmens wages and for such other employments as are hereby appointed to be done and performed and be levied collected and gathered by the said Surveyors or any of them by Warrant under the Hands and Seals of any two Iustices of Peace within the County City Riding Town Corporate
to be upheld repaired and maintained after it be so erected at the charge of the Lord of the Mannor wherein the said Bridge now standeth proportionable to the charge he is now at for maintaining the Horse-Bridge and the residue of the charge to be born by the Parishioners of the said Parish For which purpose the said Iustices of the Peace at their said publick Sessions are hereby enabled to make respective rates accordingly so as the sum to be assessed for the erecting the said Bridge excéed not the sum of One hundred pounds and the said Iustices are to take care that the said Bridge be finished by or before the First day of August in the year of our Lord God One thousand six hundred sixty and thrée And be it Enacted by the Authority aforesaid Bridges to have sufficient Walls or Posts and Rails That the said Surveyors do take care that all and every Bridge or Bridges within their respective limits shall before the Feast of St. Michael One thousand six hundred sixty and two have sufficient walls or posts and rails of each side thereof four foot high at the least and that the said walls or posts and pails be from time to time kept in sufficient repair Provided always And be it Enacted by the Authority aforesaid Proviso for chusing Surveyors for the year 1662. EXP. That the Surveyors of the High-ways named for the year One thousand six hundred sixty and two shall within twenty days after the publication of this Act procéed to do and execute all things in this Act for the said year One thousand six hundred sixty two And where there are no Surveyors of the High-ways chosen for the said year One thousand six hundred sixty two they shall be chosen within twenty days after publication of this Act by such persons as by this Act is appointed and being so chosen they shall hereafter do and execute all things according to the tenor of this Act. Provided also And be it Enacted by the Authority aforesaid That where any Lands are let Tenants to bear the charges of Assessments for High-ways the Tenant and Occupier thereof shall pay the Assessment and bear all charges for the mending of the High-ways and not the Landlord except where there is or shall be any agréement betwéen the said Landlord and the Tenant to the contrary Provided also and be it further Enacted The continuance of this Act. That the power of raising and levying money by vertue of this Act shall continue in force for thrée years only from the Five and twentieth day of March One thousand six hundred sixty and two and no longer but that all other Powers and Clauses in this Act shall continue and stand in force until the end of the first Session of the next Parliament and no longer CAP. VII Exportation of Leather and Raw Hides out of the Realm of England restrained WHereas notwithstanding the many good Laws before this time made and still in force 5 E. 6. cap. 15. 6 El. cap. 22. 8 El. cap. 14. 18 El. cap. 9. prohibiting the Exportation of Leather out of this Realm and the penalty by those Acts imposed by the cunning and subtilty of some persons and the neglect of others who ought to take care thereof there are such quantities of Leather daily exported to forreign parts that the price of Leather is grown to those excessive Rates that many Artificers working Leather cannot furnish themselves with sufficient store thereof for the carrying on of their Trades and the poor sort of people are not able to buy those things made of Leather which of necessity they must make use of For redress of which griefs Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled That from and after the First day of May now next ensuing no person or persons whatsoever shall carry or transport or cause to be carried or transported out of England into Scotland Ireland or into any of the Isles belonging to this Kingdom What Skins or Hides Tanned may not be transported or to any parts beyond the Seas the Skins or Hides Tanned or Vntanned of any Ox Stéer Bull Cow or Calf otherwise or in any other manner then is by this present Act directed And be it further Enacted by the Authority aforesaid That none of the Skins or Hides aforesaid which shall happen to be taken from any of the beasts aforesaid within any Island whatsoever belonging to the Kingdom of England except Ireland shall be transported out of that Island to any other place but into the Kingdom of England upon pain of forfeiture for every such offence double the value of Skins or Hides The Penalty so to be transported out of the said Island or any of them to any other place then into the Kingdom of England the same forfeiture to be sued for and disposed as hereafter in this Act is directed And for the better preventing of such mischiefs as are intended to be remedied by this Act Be it Enacted by the Authority aforesaid What Leather must be bought onely in open Fairs or Markets for selling Leather The Penalty That all Red Tanned Leather made of the Hides or Skins of any of the Beasts aforesaid of what kind or nature soevâ—â— shall be bought onely in the open and common Fair or Market used for the putting of Leather to sale and not in any House Tanners Yard Shop or other place whatsoever on pain that such person or persons that shall not accordingly do the same shall for every such offence forfeit the same Leather or the value thereof and the contract for the sale thereof shall be void and all such Leather shall be Searched and Sealed by the Searchers and Sealers thereunto appointed before the same be put to Sale and upon such sale shall be Registred and a true Entry thereof made both by the Buyer and Seller who are both to be present at such Registring thereof and both their names and places of abode entred into the Book of the said Register on pain that every such Buyer or Seller that shall not accordingly do the same shall for every such offence forfeit the same Leather or the value thereof and the forfeiture shall be recovered and imployed in such manner as hereafter in this Act is directed Penalty for Transportation of any Leather or Raw-Hides And be it further Enacted by the Authority aforesaid That if any person or persons shall be found guilty of the Transportation of any Leather or Raw Hides of any of the Beasts aforesaid excepting such Calve-skins and Shéep-skins dressed without the Wooll as by Law may be Transported contrary to the provision of this Act he shall from thenceforth be disabled to Trade or Deal in Leather for the future and shall for every such offence forfeit the sum of Five hundred pounds to be
sued for and disposed as hereafter in this Act is directed Provided nevertheless That this Act or any thing therein contained shall not extend to the Prohibiting the Transportation of any Leather made into Boots 5 E. 6. cap. 15. 1 Mar. cap. 8. Parl. 2. Quaere If those two Statutes be Repealed by this Proviso Who may search and seize Leather or Hides intended to be Transported Shooes or Slippers but that the same may be Transported Any thing in this Act contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That it shall and may be lawful to and for the respective Masters and Wardens of the Cordweyners Sadlers Girdlers and Curriers of the City of London and their Deputies and all Customers Comptrollers Farmers of Customes Supervisors Searchers and other Officers belonging to the Customs and to and for all Iustices of the Peace Mayors and chief Officers of Corporations within this Realm Dominion of Wales or Town of Berwick upon Tweed from time to time as well by Land as Water to Search for and seize any Leather or Raw Hides wrought or unwrought cut or uncut packed up or unpacked intended or purposed to be Transported by any person or persons into any parts beyond the Seas or into Scotland other then Calves-skins and Shéep-skins as aforesaid Shaving of Leather by Tanners And whereas divers Tanners do shave cut and rake their upper-leather Hides all over and the necks of their backs and buts to the great impairing thereof and the extream prejudice of the Kingdom Be it therefore Enacted by the Authority aforesaid That every Tanner who after the Nine and twentieth day of September in the year of our Lord One thousand six hundred sixty and two The Penalty shall commit any such offence as aforesaid shall forfeit all the said Leather Backs Buts or Calve-skins so shaved cut or raked or the value thereof and it shall be lawful for the Searchers and Sealers of Leather to seize the same Leaden-Hall London And be it further Enacted That the Market for Leather in Leaden-Hall in London shall be kept on the Tuesday as now it is Any Law Vsage or Custom to the contrary in any wise notwithstanding How the Penalties shall be recovered And be it further Enacted by the Authority aforesaid That all the penalties and forfeitures and every sum and sums of money for any offence or offences herein before mentioned shall be recovered by Action of Debt Bill Plaint Information to be brought for the same in any Court or Courts at Westminster or in any Court or Courts of Records in the City Town County or place where the said offence shall be committed wherein no Wager of Law Protection or Essoign shall be admitted neither shall the same be removed out of the said County City or Town-Corporate the one half of the said forfeitures to be to the use of the Kings Majesty his Heirs and Successors and the other half thereof to the use of the Informer or Informers that shall sue for the same Transportation of Leather declared a common Nusance Leather for necessary use of Ships in Voyages Artificers dealing in cutting of Leather in London or within three miles thereof Provided also and be it Enacted That all such Exportation or Transportation of any Hides or Leather contrary to this Act is hereby adjudged and declared to be a common and publick Nusance Provided nevertheless That this Act shall not extend or be construed to prohibit the carrying or conveying of any such Hides or Leather which shall be vsed or imployed for the necessary vse or provision of any Ship or Vessel in any Voyage beyond the Seas and which shall not be sold in any forreign parts so as the number do not excéed Six Raw Hides and Thrée Tanned Hides Provided alwayes nevertheless And be it further Enacted by the Authority aforesaid That all and every Artificer dealing in cutting of Leather or other person or persons whatsoever which shall hereafter buy any Red Tanned Leather within the City of London or thrée miles thereof shall before the next Market-day within the said place for sale of Leather give Notice thereof to one or more of the Company of Curryers then exercising and using the Art and Mystery of a Curryer within the said City of London and thrée miles thereof and within thrée wéeks after such notice shall deliver or cause to be delivered the said Leather so bought except such part thereof as shall be used for Soals without being curryed tallowed or dressed unto the said Curryer or Curryers to whom such notice was given to the intent that the same may be curryed tallowed or otherwise dressed as is directed and appointed by one Act made in the First year of King James 1 Jac. cap. 22. Chapter twenty second touching the Duty of Tanners Curryers Shoemakers and others upon penalty of the forfeiture of Six shillings eight pence for every Back But Hide or Calves-skin so bought and not delivered as aforesaid for the uses and to be recovered as aforesaid And whereas it is Enacted amongst other things Leather used in London or within three miles to be searched and allowed by the Wardens of the Curriers there The Penalty by the said Act made in the First year of King James That no person or persons shall by any means occupy or put in any Made-wares within the City of London or thrée miles of the same City any Curryed Leather before the same shall be searched and allowed by the Wardens of the Curryers of London for the time being or such persons as they shall thereto assign and be Sealed with a Seal therefore to be prepared upon pain that every Shoemaker and other Artificer Cutter of Leather offending against that Article should forfeit for every Hide or Skin otherwise curryed or imployed as is aforesaid Six shillings eight pence and the value of every such Hide or Skin Be it therefore further Enacted by the Authority aforesaid That the Master and Wardens of the Company of Curryers for the time being or such persons as they shall thereto assign shall from time to time and at all seasonable times in the day time enter into any Warehouse Shop Celler or other place within the said City of London or thrée miles of the same City belonging unto any of the said Cordwainers Sadlers Girdlers or other person or persons being Artificers dealing in cutting Leather and in the presence of any two or more of them to search for and seize all such Leather intended to be Prohibited to be used by the said Clause Branch or Article as aforesaid as also for all Wares made of such Leather and if any such person or persons Artificers or Dealers as aforesaid shall oppose Penalties for opposing the Search or refuse to permit the said Master and Wardens of the Company of Curriers or such persons as they shall thereto assign to make any such search or
two of them shall forthwith call all such Treasurers High-Constables Petty-Constables or other persons which have formerly béen Intrusted with the Receipt Collecting or Disposing of any such sum of Money charged upon any Parish by vertue of the Statute aforesaid and whereof no account hath béen given and likewise the Executors and Administrators of such person and persons unto a strict account concerning such Levies and Collections made And such Money as they shall find remaining in the custody of such persons to order forthwith to be paid for the intents and purposes aforesaid and no other to the Treasurer appointed by vertue of the said Statute or to be appointed by vertue of this present Act at the next Quarter-Sessions to be holden for such County or Liberty under such penalty as by the said Statute is set forth Which said Treasurer to be appointed by this Act shall continue by vertue hereof until Easter Sessions following The continuance of this Act. Provided That no Pension to be given or assigned by Authority hereof shall excéed to any one person the sum of Twenty pounds by the year This Act to continue to the end of the first Session of the next Parliament CAP. X. An Additional Revenue setled upon His Majesty His Heirs and Successors for the better support of His and their Crown and Dignity The great concernment of proportioning the Publique Revenue to the Charges and Expences FOrasmuch as nothing conduceth more to the Peace and Prosperity of a Nation and the Protection of every single person therein then that the Publick Revenue thereof may be in some measure proportioned to the Publick Charges and Expences We therefore Your Majesties most Loyal and Obedient Subjects the Commons assembled in Parliament having duly considered the Premisses do give and grant unto your most Excellent Majesty Your Heirs and Successors the Rates and Duties herein after mentioned and do most humbly beséech Your Majesty that it may be Enacted And be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in Parliament assembled and by the Authority of the same That from and after the Five and twentieth day of March in the year of our Lord God One thousand six hundred sixty and two every Dwelling and other House and Edifice and all Lodgings and Chambers in the Inns of Court Inns of Chancery Colledges and other Societies that are or hereafter shall be erected within the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed other then such as in this Act are hereafter excepted and declared shall be chargeable and by this present Act be and are charged with the Annual paâ—ment to the Kings Majesty Every Fire-Hearth and Stove charged with the yearly payment of 2 s. to the King his Heirs and Successors his Heirs and Successors for every Fire-Hearth and Stove within every such House Edifice Chambers and Lodging as aforesaid the sum of Two shillings by the year to be paid yearly and every year at the Feast of St. Michael the Arch-Angel and the Feast of the Annuntiation of the Blessed Virgin St. Mary by even and equal portions the First payment thereof to be paid upon the feast-Feast-day of Saint Michael the Arch-Angel which shall be in the year of our Lord One thousand six hundred sixty and two And to the intent that a just account may be had and taken of all the said Hearths and Stoves by this Act intended to be charged Be it Enacted by the Authority aforesaid How an Accompt shall be taken of all Fire-Hearths and Stoves That every Owner or Occupier of every such House Edifice Lodgings and Chambers shall respectively within six dayes after notice given unto him or them by the respective Constables Headboroughs Tythingmen or other such Officers within whose Precinct the said House Edifice Chambers or Lodgings shall be or by the respective Treasurers or Officers of Inns of Court Inns of Chancery or other Officers of the respective Colledges and other Societies aforesaid wherein any such Lodgings and Chambers shall be deliver unto the said Constables Headboroughs Tithingmen or other such Officers as aforesaid respectively a true and just account in writing under the hands of such Owners or Occupiers as aforesaid of all the said Hearths and Stoves which are within their several and respective Houses Lodgings and Chambers aforesaid And be it Enacted by the Authority aforesaid That the respective Constables Headboroughs How and when the same shall be delivered in Tithingmen or other such Officers within whose limits any such House or Edifice charged by this Act as aforesaid are and the respective Treasurers and other Officers of the respective Inns of Court Inns of Chancery Colledges and other Societies aforesaid shall by the last day of May One thousand six hundred sixty and two require the several Occupiers of every such House Edifice Lodging and Chamber aforesaid to deliver in to them respectively Accounts in writing as aforesaid under their several and respective hands of all such Hearths and Stoves as aforesaid as shall be within their respective Houses Edifices Lodgings and Chambers and upon receipt of the same or upon default of such Account in writing or in case there be no occupiers then within six dayes after notice in writing fixt to the door requiring such Account to be made the said Constables or other Officers respectively as aforesaid shall enter into the said respective Houses in the day-time and compare such Accounts and sée whether the same be truly made or not And if no such Account be delivered then shall take information by their own view of the number of such Hearths and Stoves upon pain that every Constable Treasurer and other Officer aforesaid who shall neglect to do the same shall forfeit for every wéek he or they shall so neglect the sum of Five pounds and for every false return wilfully made contrary to this Act he or they shall forfeit and lose for every Hearth and Stove so falsly returned or omitted the sum of Forty shillings And be it further Enacted by the Authority aforesaid That the several Constables and other Officers who are hereby authorized to take the account of the aforesaid Hearths and Stoves within their particular Limits as aforesaid shall at the next Quarter-Sessions after the said last day of May to be holden for their respective Counties deliver all such Accounts in writing as they shall receive reform or take by their own view unto the Iustices of Peace in their respective Quarter-Sessions of the said Counties together with a true Note of the names of all such persons who shall refuse or neglect to give unto them an account under their hands of such Hearths and Stoves within their respective Houses Edifices Chambers and Lodgings as aforesaid And be it further Enacted How Accompts of Hearths and Stoves shall be enrolled and duplicates thereof by the Iustices
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
by their industry and labour have attained and gained so great skill and dexterity in the making thereof that they make as good of all sorts thereof as is made in any Forreign parts by reason whereof they have béen heretofore able to relieve their poor Neighbours and maintained their Families and also enabled to set on work many poor children and other persons who have very small means or maintenance of living other then by their labours and endeavours in the said Art And whereas the persons so imployed in the said Mystery have heretofore served most parts of this Kingdom with Bonelace Band-strings Buttons Néedlework and Imbroidery And for the carrying on and managing of the said Trade they have procured great quantities of Thread and Silk to be brought into the Kingdom from Foreign parts whereby his Majesties Customs and Revenues have béen much advanced until of late that great quantities of Foreign Bonelace Band-strings Néedlework Cut-work Fringe Silk Bonelace Buttons and Imbroidery were brought into this Kingdom by Foreigners and Inhabitants of this Kingdom and sold to Shop-kéepers and others Dealers in the said Commodity as well by Whole-sale as Retail without ever entring of the same in any of his Majesties Custom-houses or paying any Duty or Custom for the same by means whereof the said Trade and calling is of late very much decayed those imployed in the said Calling very much impoverished the Manufacture much decreased and great quantities thereof already made left on their hands that make it His Majesty defrauded and deceived in his Customs and many thousand poor people formerly kept on work in the said Art like to perish for want of imployment there being daily great sums of money exported out of this Kingdom for the buying and fetching in of the said Commodity to the great impoverishment of the Nation by the Consumption of the Bullion and Treasure thereof and contrary to several Statutes made in the first of King Richard the Third 1 R. 3. cap. 12. 3 E. 4. cap. 4. 19 H. 7. cap. 21 5 Eliz. cap. 7. in the third of King Edward the fourth in the ninetéenth of King Henry the Seventh and the fifth of Quéen Elizabeth and to a late Proclamation made by his Majesty that now is dated the twentieth day of November last for the putting the said Laws in execution For redress whereof and prevention of the like mischiefs for the future and the better relief comfort and subsistence of those imployed in the said Art and Manufacture And for the quickning reviving explaining amending and more effectual execution of the said Statutes Be it Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled and by Authority of the same That no person or persons whatsoever shall from and after the Twenty fourth day of June One thousand six hundred sixty two sell or cause to be sold or offer to sale within the Kingdom of England or Dominion of Wales or export any Foreign Bonelace Cut-work Foreign bone-lace cut-work imbroidery fringe band-strings prohibited to be sold or imported from beyond Sea Imbroidery Fringe Band-strings Buttons or Néedlework made of Thread Silk or any or either of them in parts beyond the Seas or Import bring in send or convey or cause to be brought in sent or conveyed into the Kingdom of England or Dominion of Wales any such Foreign Bonelace Cut-work Fringe Imbroidery Band-strings Buttons or Néedlework made of Thread Silk or any or either of them beyond the Seas after the first day of May which shall be in the said year of our Lord One thousand six hundred sixty and two upon pain that all and every person or persons who shall sell or cause to be sold or offer to sale any such Foreign Bonelace Cut-work Imbroidery Fringe Band-strings Buttons or Néedlework shall forfeit and lose for every offence by him committed contrary to this Act the sum of Fifty pounds and the whole Bonelace Cut-work Imbroidery Fringe Band-strings Buttons or Néedlework so sold or caused to be sold or offered to sale And upon further pain That all and every person or persons who shall Import bring in send or convey or cause to be brought in sent or conveyed into this Kingdom of England or Dominion of Wales any such Bonelace Cut-work The penalty Imbroidery Fringe Band-strings Buttons or Néedlework shall forfeit and lose for every offence by him committed contrary to this Act the sum of One hundred pounds and the whole Bonelace Cut-work Imbroidery Fringe Band-strings Buttons or Néedle-work so Imported brought in sent or conveyed or caused to be Imported brought in sent or conveyed contrary to the form and effect of this present Act as aforesaid One moyety to the King the other to the prosecutor The Moyeties of all which Forfeitures to be to the use of our Sovereign Lord the Kings Majesty his Heirs and Successors and the other Moyety to him or them that shall sue for the same in any of the Kings Courts of Record by Bill Plaint Action of Debt Information or otherwise wherein no Essoign Protection or Wager of Law shall be allowed at every time and as often as any person shall be found to offend in selling importing conveying or bringing in as aforesaid Every Iustice of Peace may grant Warrants to search for Manufactures prohibited by this Act And be it further Enacted by the Authority aforesaid That for the preventing of the Importing of the said Manufactures as aforesaid upon complaint and Information given to the Iustices of the Peace or any or either of them within their respective Counties Cities and Towns Corporate at times reasonable he or they are hereby authorized and required to issue forth his or their Warrants to the Constables of their respective Counties Cities and Towns Corporate to enter and search for such Manufactures in the Shops being open or Ware-houses and dwelling-houses of such person or persons as shall be suspected to have any such Foreign Bonelaces Imbroidery Cut-work Fringe Band-strings Buttons or Néedlework within their respective Counties Cities and Towns-Corporate and to seize the same any Act Statute or Ordinance to the contrary thereof in any wise notwithstanding The time limited for actions upon this Act. Provided always and be it hereby Enacted and Declared That all Informations Actions and Suits that shall be commenced for any offence committed against this Law shall be brought and commenced within twelve Moneths after the discovery of such offence Any former Act or Law to the contrary notwithstanding CAP. XIV Direction for Prosecution of such as are Accountable for Prize-Goods 12 Car. 2. c. 11 VVHereas in the Act of Frée and General Pardon Indempnity and Oblivion made in the Twelfth Year of your Majesties Reign and since confirmed by another Act Intituled An Act for confirming Publick Acts 13 Car. 2. c. 7. made in the thirtéenth year of your
or seised by any person or persons Bodies Politick or Corporate and not having accounted for the same to any Authority or pretended Authority Vsurping the Government of this Nation and not pardoned by the Act of Oblivion That all such person or persons Bodies Politick or Corporate shall account and pay the same to his Royal Highness James Duke of York your Majesties onely Brother Lord High Admiral of England or Lord Warden of the Cinque Ports upon suit for the same in the High Court of Admiralty Any thing in this Act the absence of the Lord High Admiral during these late troubles or the persons not having béen imployed or authorized by the said Lord High Admiral to the contrary in any wise notwithstanding Provided alwayes and be it Enacted by the Authority aforesaid How in defect of Iurisdiction in the Admiralty suit may be in the Exchequer That in case of defect of Iurisdiction in the Court of Admiralty for the recovering and levying of any such Prizes Goods matters and things aforesaid That then in such case upon Certificate thereof from the said Court of Admiralty made into his Majesties Court of Exchequer spéedy procéedings shall be had in the said Court of Exchequer for the recovering and levying of the Prizes Goods matters and things aforesaid according to Law and Iustice CAP. XV. The Trade of Silk-throwing regulated VVHereas the Company of Silk-throwers within the City of London and Liberties The Silk-throwers of London incorporated by Patent 5 Car. 1. and all their Servants and Apprentices within four Miles thereof were quinto Caroli primi Incorporated and made one Body Politick and are known by the name of the Master Wardens Assistants and Commonalty of the Trade Art or Mystery of Silk-throwers of the City of London And whereas the said Trade is of singular use and very advantagious to this Commonwealth by imploying the poor there being imployed by the said Company in and about the City of London as is expressed in their Petition above forty thousand men women and children who otherwise would unavoidably be burthensome to the places of their aboad And whereas the present Governours of the said Company by their Petition pray an enlargement of their Charter whereby they may be the better enabled to avoid the many deceits and inconveniencies they daily méet withal by Intruders who have not béen brought up Apprentices to the said Trade and others who settle themselves beyond the limits of their said Charter on purpose to avoid the Searchers and Supervision of the said Governours by which means they are at liberty to make and vend what Wares they please to the disparagement of the said Trade and discouraging of the Petitioners and all others of the said Trade that have duly served Apprentice thereunto according to the known Laws of this Nation 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 and the Commons in this present Parliament Assembled and by Authority of the same None shall use the trade of a silk-thrower but such as have served as apprentices seven years That from and after the twenty fifth day of December which shall be in the year of our Lord One thousand six hundred sixty and two no person or persons whatsoever shall directly or indirectly use exercise continue or set up the said Trade Art of Mystery of a Silk-thrower within this Realm of England unless such as are or shall be Apprentices to the said Trade or shall have served seven years Apprentiship thereunto at the least upon pain that every person so offending contrary to this Act shall pay The penalty forfeit and lose the sum of forty shillings for every moneth the said person shall use or exercise the said Trade the one moyety thereof to the use of his said Majesty his Heirs and Successors and the other moyety thereof to such person or persons as shall sue for the same in any of the Courts of Record within this Realm of England Before whom to be recovered or before any the Iustices of Oyer and Terminer or the Iustices of the Peace at their Quarter-Sessions of the Peace by Action of Debt Bill Plaint or Information or by any other lawful ways or means whatsoever wherein no Protection Wager of Law or Essoign shall be allowed And for the better enabling of the said Master Wardens Assistants and Commonalty of Silk-throwers and their Successors in their Government Be it further Enacted by the Authority aforesaid That all and every person and persons whatsoever now using or exercising as Masters the said Art Every person using the trade in London and Westminster shall enter himself of the said corporation And be subject to the laws orders thereof The penalty Trade or Mystery or such as have served as Apprentices to the said Trade by the space of seven years at the least within the said Cities of London and Westminster and the several Suburbs thereof or within twenty miles compass of them or either of them shall before the twenty fifth day of December which shall be in the year of our Lord one thousand six hundred sixty and two be admitted and are hereby enjoyned to enter themselves into the said Society or Corporation and to perform and be subject and obedient to all such Statutes Laws Orders Ordinances and Constitutions as are or shall be made or ordained for or concerning the Exercise Regulation or Government of the said Art Trade or Mystery or of any person or persons using or exercising the same upon pain of forfeiture of the sum of forty shillings for every moneth he or they shall use or exercise the said Trade after the said twenty fifth day of December One thousand six hundred sixty and two the one moyety thereof to the use of his said Majesty his Heirs and Successors and the other moyety thereof to such person and persons as shall sue for the same in any the Courts of Record within this Realm of England or before any the Iustices of Oyer and Terminer or the Iustices of Peace at their Quarter-Sessions of the Peace by Action of Debt Bill Plaint or Information or by any other lawful wayes or means whatsoever wherein no Protection Wager of Law or Essoin shall be allowed Provided That such Laws Orders Ordinances and Constitutions so made or which shall be made be not contrary but agréeable with the Laws and Statutes of this said Realm and the Customs of the said City of London The power of the masters wardens and assistants And be it further Enacted by the Authority aforesaid That the said Masters Wardens Assistants and Commonalty and their Successors shall and may have and enjoy and that it shall and may be lawful to and for them from time to time and at all times hereafter to do perform and execute within the said Cities of London and Westminster and the several Suburbs thereof
of any of the Kings or Quéens of England for the time being for the carrying the Goods of his Majesty his Heirs or Successors or the said Quéens or children or any of them without such full and free consent as aforesaid Any Law Statute Custom or Vsage to the contrary notwithstanding Be it notwithstanding Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by the Authority of the same That from and after the Four and twentieth day of June in the year of our Lord How carriages shall be provided for his Majesties Navy and Ordnance One thousand six hundred sixty and two as often as the Service of his Majesties Navy or Ordnance shall require any Carriages by Land within the Kingdom of England and Dominion of Wales and Town of Berwick upon Tweed upon notice given in writing by Warrant under the hand and seal of the Lord High Admiral of England for the time being or under the hands and seals of two or more of the principal Officers or Commissioners of his Majesties Navy or under the hand and seal of the Master of his Majesties Ordnance for the time being or under the hand and seal of the Lieutenants of his Majesties Ordnance for the providing of Carriages for the respective service of the Navy or Ordnance unto two or more Iustices of the Peace dwelling near unto the place where the said Iustices of the Peace may and shall immediately issue forth their Warrants to such of the adjacent Parishes Hundreds or Divisions as they shall judge fit within their respective Counties and Divisions not being above Twelve Miles distant from the place of lading for the sending to a certain place and at certain times to be specified and appointed in the said Warrants such numbers of Carriages with Horses or Oxen sufficient for the said service as by the Lord high Admiral of England for the time being or by the Master or Lieutenant of his Majesties Ordnance for the time being or by the principal Officers or Commissioners of his Majesties Navy respectively as abovesaid shall be by writing under their hands and seals required the Owners of which Carriages or their Servants The rates allowed for carriages shall receive for every Load of Timber per mile one shilling for every reputed mile which they shall go laden and for other Provisions the summe of eight pence per mile for every Tun they shall carry And be it further Enacted by the Authority aforesaid That it may and shall be lawful for the Lord High Admiral of England for the time being by Warrant under his hand and seal and also for the principal Officers and Commissioners of his Majesties Navy by Warrants under the hands and seals of any two or more of them as also for the Master of his Majesties Ordnance for the time being by Warrant under his hand and seal and also for the Lieutenant of his Majesties Ordnance by Warrants under the hands and seals of either of them as often as the service of his Majesties Navy or Ordnance respectively shall require any Carriage by Water Impressing of persons ships vessels for carriages to appoint such person or persons as they shall judge fitting to Impress and take up such Ships Hoys Lighters Boats or any other Vessel whatsoever as shall be necessary for the Accommodation of his Majesties said service the Owners of which said Ships Hoys Lighters Boats or other Water-Carriage aforesaid or such as they shall appoint shall receive for the hire of every such Ship Hoy Lighter Boat or other Vessel per Tun according to the Rates usually paid by Merchants from time to time And in case his Majesties Officers and the Owners of such Ships Hoys Lighters Boats or other Vessels shall not agree on the said rates then the rate to be setled by the Brotherhood of Trinity-house of Deptford-Strand And be it further Enacted by the Authority aforesaid Penalty upon such as neglect or refuse That in case any of his Majesties Subjects of this Realm shall refuse or wilfully neglect after reasonable notice to make their appearance with such sufficient carriages by Land or to fit provide and furnish their Ships Hoys Lighters Boats or other Vessels for the service of his Majesties Navy or Ordnance as is before expressed or shall after they have undertaken such service neglect or delay the same that then upon due proof and conviction of such refusal or neglect by the Oath of the Constable or other Officer or two other credible witnesses before the said Iustices of Peace of the County or Mayor or other chief Officer of the City or Corporation where he or they inhabit which Oath they shall have power to administer for the Land-Carriages and for the Water-Carriages by the Oath of such person as shall be appointed by the Lord High Admiral the principal Officers or Commissioners of his Majesties Navy the Master of his Majesties Ordnance or the Lieutenant of his Majesties Ordnance as aforesaid or other two credible witnesses before the principal Officers or Commissioners of his Majesties Navy or Master or Lieutenant of his Majesties Ordnance respectively which Oath they shall have likewise power to administer the Party so refusing or neglecting shall for every such refusal or neglect forfeit the sum of Twenty shillings for the Land-carriage and for Carriage by Water treble the freight of such Ship or Vessel not excéeding Fifty pounds in the whole to the Kings Majesties use to be forthwith levied in default of payment upon demand by distress and sale of his Goods and Chattels by Warrant from the said Iustices of the Peace Mayor or other chief Officer or from the principal Officers or Commissioners of his Majesties Navy or Master or Lieutenant of his Majesties Ordnance respectively rendring to the Parties the overplus upon every such Sale if there shall be any the charge of distraining being first deducted The time of continuance in the service Provided always that no Horses Oxen Cart Wayn or other Land-Carriage shall be enforced to Travail more days Iourney from the place where they receive their lading or be compelled to continue longer in the imployment then shall be appointed by the Order of the said Iustices of the Peace and that ready payment shall be made in hand for the said Carriages at the place of lading without delay Present payment to be made according to the aforesaid Rates Provided always That in case any Iustice of the Peace Mayor chief Officer or Constable or any person or persons which shall be appointed by the Lord High Admiral the principal Officers or Commissioners of his Majesties Navy the Master of his Majesties Ordnance or the Lieutenant of his Majesties Ordnance as aforesaid respectively shall take any gift or reward to spare any person or persons No gifts or rewards may be taken by Iustices of the Peace
should sit and méet should have full Power and Authority to Hear Examine Order and Decrée all and every such Cause and Causes in a brief and summary course without formalities of pleadings or procéedings with Power to warn Parties to come before them and to examine upon Oath any Witnesses that should be produced and to commit to Prison any Person that should wilfully disobey their final Orders and Decrées And the Commissioners to sit once wéekly upon the Execution of the said Commission with a liberty in the said Act for any person grieved by any such Sentence or Decrée to exhibite his Bill in Chancery for the re-examination of such Sentence or Decrée as by the said Act relation being thereunto had more at large may appear But forasmuch as by the said recited Act without five Commissioners there cannot be a Court and without there be a Court they cannot procéed in the execution of their Commission so much as to summon Parties or Witnesses to appear And in case of neglect or refusal of any Party or Witness to appear they have no power to punish the delay or contempt with Costs or otherwise And it is provided by the said Act That not any Commissioner other then the Iudge of the Admiralty or the Recorder of London shall procéed in the execution of such Commission before he hath taken his Oath before the Lord Maior and Court of Aldermen to procéed uprightly and indifferently betwéen party and party which upon the renewing of the said Commission often proves a great delay there being so many Commissioners to be Sworn and the Court of Aldermen not sitting at sometimes in the year when the said Commissions have happened to be renewed And although the said Commissioners upon their final Sentence have power to commit to Prison any person that shall wilfully disobey their said Sentences or Decrées yet they have no power to make any Order against the Ship or Goods which commonly are the things assured by which Omissions for want of Power given by the said Act the benefits intended by the said Act of Parliament are much retarded and the mischiefs by the Act endeavoured to be prevented much increased For remedy whereof Be it Enacted and Ordained And it is hereby Enacted and Ordained 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 from and after the Four and twentieth day of June which shall be in the year of our Lord One thousand six hundred sixty and two it shall and may be lawful to and for the Lord Chancellor or Lord Kéeper of the Great Seal of England for the time being Three Commissioners impowred to act to issue out yearly or oftner if néed require one standing Commission under the Great Seal of England thereby impowring and authorizing the said Commissioners or any thrée of them whereof a Doctor of the Civil Law or a Barrister at Law of five years standing at the least to be always one to meet and sit and make a Court and procéed in all things in the execution of the said Commission as before by the said Act any Five might have done And that the said Commissioners or any such thrée of them as aforesaid be and hereby are impowred to Summon Parties and Witnesses to appear and in case of contempt or wilful delay in the Witnesses upon the first Summons and tender of reasonable Charges and in the Parties upon their second Summons Costs to punish the Offenders by Imprisonment or Costs for such time and in such manner as shall be reasonable and according to the nature and quality of their offences And that it shall and may be lawful to and for every such Commissioner to procéed in the execution of the said Commission Lord Mayor of London may administer the Oath having first taken an Oath before the Lord Mayor of the City of London for the time being only to procéed uprightly and indifferently betwéen party and party And the said Lord Mayor is hereby Authorized to give such Oath Any thing in the said Act to the contrary notwithstanding And that no person shall procéed in Execution of the said Commission before he be first Sworn before the Lord Mayor of London for the time being to procéed uprightly and indifferently betwéen party and party as formerly he should have béen before the Lord Mayor and Court of Aldermen Be it also Enacted by the Authority aforesaid That in case the said Commissioners Commissions out of the Admiralty Court to examine Witnesses beyond Sea or any such thrée of them as aforesaid shall find cause to examine Witnesses beyond the Seas or any remote parts of his Majesties Dominions for the clearing of any doubt or matter before them depending that in such case by direction of the said Commissioners or any such thrée of them like Commissions or Process shall issue out of the Court of Admiralty as have formerly béen for the purposes aforesaid returnable before the said Commissioners And that the said Commissioners or any such thrée of them shall have also power to give and pass their final Sentence Decrée and Executions as well against the body of the party evicted or his goods as also against the Executors and Administrators of such party so evicted And to Assesse Costs of Suit upon such person or persons as shall be condemned by the Decrée of the said Court as to them shall séem Iust And forasmuch as many Witnesses as Sea-men and others come and spéedily go again to Sea Witnesses going to see how to be examined before before a Court can be summoned by which means the Assured and Assurers are many times much damnified For the preventing of which mischief Be it also Enacted by the Authority aforesaid That it shall and may be lawful to and for any one of the said Commissioners to Administer an Oath to any Witness legally summoned to give testimony timely notice being thereof given to the Adverse party and set up in the Office before such examination to the end such Witness or Witnesses may be cross-examined Provided always That the said Commissioners shall in no case procéed both against person and goods for one and the same debt And provided also Appeal to the Chancery That any thing in this Act contained shall not in any wise extend to prejudice the appeal to the High Court of Chancery given or allowed in the said former Act of Parliament CAP. XXIV An Act Declaratory concerning Bankrupts WHereas divers Noblemen Gentlemen and persons of quality no ways bred up to Trade or Merchandize do oftentimes put in great stocks of money into the East-India Company or Guiney Company and the Fishing Trade and such other publike Societies and receive the procede of those Stocks sometimes in ready monies sometimes in Commodities which they usually sell for money or exchange again by which means the Trade of those Companies is
Heirs and all claiming under them all right to the said Rectories and Premisses as hath accrued unto them before the Ninetéenth day of May One thousand six hundred sixty and two And be it further Enacted by the Authority aforesaid That all Tenants Lessées How Tenants and Lessees under such Estates shall pay their Rents and Occupiers of all such Advowsons Rectories Impropriate Gléeb-Lands Tithes and premisses so granted or setled to or upon such Trustées as aforesaid for the uses or purposes aforesaid shall pay all such Rents as shall hereafter grow due and payable to such persons onely unto whom the right and interest of and in the same Advowsons Rectories Gléeb-Lands Tithes and premisses before the said Conveyances or Assurances intended to be annulled and made void by this present Act did or should of right belong or appertain And whereas the said Conveyances and Assurances in and by this Act intended to be made void were some of them of Estates in Fée-simple and some of them long Terms for years made to Trustées Rents and sums appointed for augmentation of certain Vicarages who redemiled the same at and under such yearly Rents and Sums of Money as were then appointed to be the Augmentation of certain Vicarages or maintenance for preaching Ministers since which time many of the Rectories and Lands so Conveyed and Leased have béen absolutely sold and the Redemises thereof granted and assigned by the Owners thereof for the benefit of such purchasers Be it further Enacted and Ordained by this present Parliament and by the Authority of the same That the said Purchasers their Heirs and Assigns shall pay and the said former Owners of the said Lands and Rectories their Executors Administrators and Assigns shall have hold and enjoy the said Rents and sums of Money so reserved for the Augmentation of the said Vicarages and maintenance for Preaching Ministers upon the said several Redemises and shall have the same and the like remedies by Distress or by Action of Debt for the recovery thereof as the said Trustées who Redemised the same should or might have had if this Act had not béen made CAP. XXVI Abuses committed in the Weight and false Packing of Butter Reformed FOrasmuch as Butter is one of the principal Commodities of the product of this Kingdom and is not only of an universal use Expence at home The Contents of a Kilderkin of Butter but very great quantities thereof are Transported beyond the Seas And whereas by Custom time out of mind used every Kilderkin of Butter ought to weigh One hundred thirty and two pounds gross at the least that is to say One hundred and twelve pounds of Neat Butter and the Cask Twenty pounds The Firkin The Firkin of Butter ought to weigh Sixty and four pounds viz. Fifty and Six pounds of good Merchantable Butter Neat and the Cask Eight pounds And the Pot of Butter ought to weigh Twenty pounds The Pot. viz. Fourtéen pounds of good and Merchantable Butter Neat and the Pot Six pounds And whereas great Complaint hath béen made by the Traders in Butter and Chéese That by the Fraudulent dealing and practice of several Farmers Owners and Packers of Butter and by their irregular manner of weighing with Stones Iron Wedges Bricks and other unwarrantable Weights the same quantities of Butter are not put up into the respective Cask and Pots aforesaid and the Kilderkin is Commonly made to weigh Six and twenty pounds and sometimes Eight and twenty pounds and the Firkin to weigh Ten pounds or Twelve pounds and sometimes Thirtéen or fourtéen pounds weight and the Pots are made generally to weigh Seven pounds and some of them Eight pounds or Nine pounds weight and much bad and decayed Butter is mixed and Packed up into Kilderkins Firkins and other Cask and Pots with sound and Good Butter and immoderate quantities of Salt intermixed to the spoil of the same and to the great wrong and abuse of his Majesty in the Victualling of His Navy of Merchants in the Victualling of their Ships and of all Traders in the said Commodity and of all Housholders who buy the same for their expence and to the great dishonour of the English Nation in the parts beyond the Seas and to the bringing of the said Commodity into great disrepute abroad whereby it yields not that price nor is vented there in such quantities as otherwise it would For remedy whereof Be it Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal A Kilderkin of Butter shall contain 112 l. besides the Cask and Commons in this present Parliament Assembled That from and after the First day of June which shall be in the year of our Lord One thousand six hundred sixty and two every Kilderkin of Butter do and shall contain One hundred and twelve pounds Neat or above every pound containing sixtéen Ounces besides the Taxe of the Cask The Firkin 56. l. and not less of good and Merchantable Butter Every Firkin and Butter do and shall contain Fifty six pounds Neat or above besides the weight of the Cask of good and Merchantable Butter and every Pot of Butter do and shall contain fourtéen pounds Neat or above besides the weight of the Pot The Pot 14. l. of good and Merchantable Butter And that no Butter which is Old or Corrupt shall be mixed or packed up into any Kilderkin Firkin or other Cask Vessel or Pot whatsoever with any Butter which is New and Sound No old Butter shall be mixed with new nor any Whay-Butter shall be packed or mixed with any Butter that is made of Cream but that the said respective sorts of Butter shall be packed up severally and apart by themselves and shall not be mixed one with another and that every Cask or Pot of Butter shall be of one sort and goodness throughout such Cask and Pot Nor Whay-butter and that no Butter shall be salted with any great Salt but that all Butter shall be salted and saved with small Salt nor more Salt shall be intermixed with it then shall be néedful for its preservation The penalty upon pain and penalty that every Owner Farmer or Packer of Butter not putting up in each Kilderkin Firkin and Pot of Butter to be sold or to be exposed to sale respectively such quantities as aforesaid or offending in false packing as aforesaid for every such offence shall forfeit the value of all the Butter so false packed and for every offence where any Kilderkin Firkin or Pot shall be found to contain a lesser quantity of Butter then by this Act is appointed six times the value of every pound of Butter that shall be wanting in any such Cask or Pot. And to the intent that the benefit intended by this Act may be extended with full effect to all persons who do either cut out Butter by Retail or expend it Be it further Enacted
by the Authority aforesaid That every Chéese-monger or other person whatsoever which shall sell to any person or persons any Kilderkin or Kilderkins Firkin or Firkins Pot or Pots or other Cask of Butter made after the said First day of June Cheese-mongers and all sellers of butter by the Kilderkin or c. shall deliver the full quantity to the Retailer which shall be in the year of our Lord One thousand six hundred sixty and Two shall deliver in every such Kilderkin Firkin and other Cask and Pot respectively the full quantity and due quality appointed by this Act and not less or in default thereof shall be liable to make satisfaction to him or them that buy the same for what shall be wanting according to the price for which the same was sold And be it further Enacted by the Authority aforesaid That from and after the said First day of June None shall repack butter which shall be in the year of our Lord One thousand six hundred sixty and two no Chéese-monger or other person or persons whatsoever shall repack for sale any Butter in any Kilderkin Firkin The penalty or other Cask or Pot whatsoever upon pain and penalty that every Chéese-monger or other person whatsoever which shall repack any Butter into any Kilderkin or Kilderkins Firkin or Firkins Cask or Casks Pot or Pots to sell the same again shall for every Firkin Cask or Pot so packed forfeit the sum of Double the value of all such Butter And for the better discovery of all frauds and abuses which shall be committed against this Act Be it further Enacted by the Authority aforesaid That every Farmer and other person persons packing up Butter in Kilderkins Firkins or any other Cask whatsoever for sale do from after the said First day of June which shall be in the year of our Lord One thousand six hundred sixty two pack up his Butter into good sufficient Cask Farmers and other sellers shall set their marks of the weight upon good and sufficient Casks made of sound dry well-seasoned Timber and shall set upon every Firkin and Cask whatsoever when the same is throughly and fully seasoned in water a continuing visible mark of the just Weight of the empty Cask and do likewise set upon every Kilderkin Firkin and Cask when the same is filled with Butter the first Letter of his or their Christian name and his or their Sirname at length with an Iron brand upon pain and penalty that every Farmer or other person or persons whatsoever offending in not putting on the Mark of such Weight of Kilderkin And their names Firkin or other Cask after seasoning or not setting the first Letter of his or their Christian name and his or their Sirname at length on every Firkin and Cask as aforesaid shall for every such offence respectively forfeit the sum of Ten shillings for every Hundred weight of Butter and so proportionably for a greater or lesser quantity that shall be in every such Cask Potters shall set their weight of every pot burnt and their names And be it further Enacted by the Authority aforesaid That every Potter shall set upon every Pot which he shall sell for packing up of Butter the just weight which shall be of every such Pot when it is burnt together with the first Letter of his or their Christian name and his or their Sirname at length upon pain and penalty that every Potter which shall not so do shall forfeit pay for every Pot which he shal expose to sale for the use aforesaid whereupon he shall not have first set the just Weight and the first Letter of his Christian name and his Sirname at length as aforesaid the sum of One shilling and that no Farmer or other person whatsoever shall expose to sale any Butter packed up in any other Pot than such as shall be marked by the Potter as aforesaid upon penalty of Two shillings for every Pot of Butter which he shall expose to sale as is not so marked all and every of which said Offences are to be enquired of sued for heard and determined in the Sessions of Peace for the County City Borough Town or Liberty or in the Court of Record of the City Borough Town or Liberty wherein such offence shall be committed by Action of Debt Indictment Information or Presentment How to be disposed wherein no Essoign Protection or Wager of Law shall be allowed to the Defendant and the one half of all such Forfeitures shall be to the use of the poor people inhabiting within the Parish where such offence shall be from time to time committed to be paid to the Church-Wardens and Overséers of the poor of and in such Parish and the other half to him or them that will sue for the same Double Costs besides his double Costs thereby expended Provided That every Suit and Information which shall be brought upon this Act Within what made suit must be begun upon this Act. shall be commenced within four moneths after the sale of such Butter CAP. XXVII For Repairing of Dover-Harbour WHereas it is found by long experience that Dover-Harbour is and hath béen of very great use and benefit to the Merchants of this Realm and others passing through the Narrow Seas whereunto they have and do enter to avoid imminent danger of Tempests Pirats or the Common Enemy in time of War And whereas the said Harbour of late by Tempests and the violence of the Sea hath béen much broken ruined and decayed and in great danger of being lost unless timely prevented by repairing thereof which cannot be without great charges and expences as well in the present repair as in the future maintenance of the same whereof his Majesty being Informed and minding the good and safety of Merchants and Sea-faring men hath of late of his Majesties goodness and liberality bestowed a great sum of money in and about the repairing of the said Harbour which yet is not sufficient to carry on that work and to secure it for the future And to the end that the same may be from time to time maintained and kept in good repair for the use and benefit of Merchants and Sea-faring men And that such provision for the maintenance thereof may now be made 1 Jac. cap. 32. as by an Act of Parliament made in the First year of his Majesties Grand-father King James of ever blessed memory hath béen formerly done and provided for Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same That from and after the Four and twentieth day of June next ensuing during the space of seven years thence next following there shall be paid by the Master Duties payable at and towards the Repair of Dover-Harbour or Owner of every Ship
Acknowledgment before the respective Archbishop Bishop or Ordinary of the Diocess or Vice-Chancellor aforesaid respectively And that every such Parson Vicar Curate or Lecturer shall procure a Certificate under the Hand and Seal of the respective Archbishop Bishop or Ordinary of the Diocess who are hereby required and enjoyned upon demand to make and deliver such Certificate And shall publickly and openly read the same together with the Declaration or acknowledgment aforesaid upon some Lords day within thrée moneths then next following such subscription in his Parish Church where he is to officiate in the presence of the Congregation then assembled in the time of Divine Service And be it further Enacted and Declared by the Authority aforesaid That every subscription already made or hereafter to be made before any Vicar-General or Chancellor to any Archbishop or Bishop or Commissary to the Archbishop of Canterbury or any other Bishop is and shall be as effectual and beneficial in Law to all intents and purposes to every person and persons which have or shall make such subscription as aforesaid as if the same had béen made before the Archbishop or Bishop of the Province or Diocess respectively Any thing in the aforesaid Act to the contrary notwithstanding Provided also That every person who shall have benefit by this Act shall make such allowance for serving the Cure since the 24th of August 1662. as shall be judged fit by the Ordinary of the place and shall pay and discharge all Tenths Pensions and other Charges wherewith the Benefice to which he is by this Act restored hath béen or might be legally charged since the day aforesaid Persons prohibited to Preach 14 Car. 2. c. 4. And whereas some doubt hath arisen whether persons prohibited to preach by the said Act are in the same plight as to punishment with persons disabled by the said Act to preach Be it Declared and Enacted by the Authority aforesaid That the penalties by the said Act to be inflicted upon any person disabled by the said Act to preach for any offence against the said Act shall in like manner be inflicted upon every person so offending that is prohibited by the said Act to preach Any thing doubt or ambiguity in the said Act to the contrary notwithstanding CAP. VII Trade Encouraged Tillage FOrasmuch as the encouraging of Tillage ought to be in an especial manner regarded and endeavoured and the surest and effectuallest means of promoting and advancing any Trade Occupation or Mystery being by rendring it profitable to the Vsers thereof And great quantities of Land within this Kingdom for the present lying in a manner waste and yielding little which might thereby be improved to considerable profit and advantage if sufficient Encouragement were given for the laying out of Cost and labour on the same and thereby much more Corn produced greater numbers of people horses and cattel imployed and other Land also rendred more Valuable Be it Enacted by the Kings most Excellent Majesty with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by the Authority thereof And it is hereby Enacted That from and after the first day of September in the year of our Lord 1663. and from thence forward when the prizes of Corn and Grain Winchester measure Corn not exceeding certain rates may be transported do not excéed the rates hereafter following at the Havens or places where the same shall be shipped or loaden viz The Quarter of Wheat Eight and forty shillings The Quarter of Barley or Malt Eight and twenty shillings The Quarter of Buck-wheat Eight and twenty shillings The Quarter of Oats Thirtéen shillings and four pence The Quarter of Rye Two and thirty shillings The Quarter of Pease or Beans Two and thirty shillings currant English money That then it shall be lawful for all and every person and persons to ship load carry and transport any of the said Corns or Grains from the Havens or places where they shall be of such prizes unto any parts beyond the Seas as Merchandise Any Law Statute or Vsage to the contrary notwithstanding paying such Rates for the same and none other as are to be paid when the same might have béen Transported by one Act passed this present Parliament Entituled 12 Car. 2. c 4. A Subsidy granted to the King of Tunnage and Poundage When corn may be imported and what custom to be paid And it is hereby further Enacted by the Authority aforesaid That when the prizes of the aforesaid Corns and Grains do not excéed the Rates above mentioned respectively Winchester-measure at the Haven or place into which any of them shall be imported from any part beyond the Seas there shall be paid for the Custom and Poundage of every Quarter of Wheat five shillings and four pence and for every Quarter of Rye four shillings and for every Quarter of Barley or Malt two shillings and eight pence and for every Quarter of Buck-wheat two shillings and for every Quarter of Oats one shilling four pence and for every Quarter of Pease or Beans four shillings And it is hereby further Enacted by the Authority aforesaid That when the prizes of Corn or Grain Winchester-measure do not excéed the rates following at the Markets Havens or Places where the same shall be bought viz. The Quarter of Wheat Eight and forty shillings the Quarter of Rye two and thirty shillings the Quarter of Barley or Mault eight and twenty shillings the Quarter of Buck-wheat eight and twenty shillings the Quarter of Oats thirtéen shillings and four pence the Quarter of Pease or Beans two and thirty shillings That then it shall be lawful for all and every person and persons not Forestalling nor Selling the same in the same Market within thrée moneths after the buying thereof to buy in open Market and to lay up and kéep in his or their Granaries or Houses and to sell again such Corn or Grain of the kinds aforesaid as without fraud or coven shall have béen bought at or under the prïces before expressed without incurring any penalty Any Law Statute or Vsage to the contrary notwithstanding And in regard his Majesties Plantations beyond the Seas are inhabited and peopled by his Subjects of this his Kingdom of England Plantations beyond the Sea For the maintaining a greater correspondence and kindness betwéen them and kéeping them in a firmer dependance upon it and rendring them yet more beneficial and advantagious unto it in the further employment and encrease of English Shipping and Sea-men Vent of English Woollen and other Manufactures and Commodities rendring the Navigation to and from the same more safe and cheap and making this Kingdom a Staple not only of the Commodities of those Plantations but also of the Commodities of other Countries and Places for the supplying of them and it being the usage of other Nations to kéep their Plantations Trade to themselves Be it Enacted and it is
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
by the Kings most Excellent Majesty by and with the Consent of the Lords Spiritual and Temporal and of the Commons in this Parliament Assembled and by Authority of the same That no common Brewer Inn-keeper Victualler or other Retailer of Béer or Ale shall at any time after the First day of September Notice to be geven of all brewing Vessels One thousand six hundred sixty thrée without giving notice thereof at the next Office of Excise or to the Commissioners Farmers or Sub-Commissioners of Excise or one of them within the Limits and Iurisdiction of whose Office he or they do or shall Inhabit Erect Set up Alter or Enlarge any Tun Fat Back Cooler or Copper and shall make use of any of them for the Brewing or making any Béer or Ale or Worts or shall make use of or kéep any private and concealed Store-house Cellar or other place for the laying of any Béer or Ale or Worts in Cask other then such as are already openly set up erected and made use of in his common and usual Brew-house and now openly discovered and known upon pain to forfeit the sum of Fifty pounds for every Tun The Penalty Fat Back Copper and Cooler set up and made use of without such notice given as aforesaid and contrary to the true intent and meaning hereof And that all and every other person or persons in whose occupation any House Messuage Out-house or other place whatsoever is or shall be where any such private and concealed Tun Back Cooler or Store-house shall be found and discovered shall also forfeit and lose the sum of Fifty pounds to be levied and recovered in manner and form as in by this present Act is hereafter Directed and Ordained And moreover every such private and concealed Tun Fat Back Copper or Cooler so discovered and found as aforesaid or altered or enlarged together with all Béer Ale or Worts therein being shall and may be taken up seized carried away and delivered to the Overséers for the Poor to be sold for the use of the Poor or distributed amongst them And be it further Enacted by the Authority aforesaid That from and after the Eighth day of November in the year of our Lord One thousand six hundred sixty and five Commissioners for regulating may not Farm the Excise 12 Car. 2. cap. 23. no person or persons whatsoever nominated by his Majesty to be in Commission for the Regulating of his Majesties Revenue of Excise or for the exercise of any the Powers or Authorities mentioned in an Act Entituled A Grant of certain Impositions upon Beer Ale and other Liquors for the increase of His Majesties Revenue during His life Or one other Act Entituled An Act for taking away the Court of Wards and Liveries and Tenures in Capite by Knights Service and Purveyance and for setling a Revenue upon his Majesty in lieu thereof or in this present Act 12 Car. 2. cap. 24. shall presume to Farm the said Revenue of his Majesty either directly or indirectly by obtaining Letters Patents to him or themselves thereof or any person or persons whatsoever intrusted for him or them or to or for his or their use benefit or behoof Nor that any person or persons whatsoever being a Farmer of the said Revenue shall be any way capable to be nominated a Commissioner for the Regulating his Majesties said Revenue of Excise or exercising any Powers or Authorities concerning the same But if any person or persons who stands thus disabled as aforesaid to be nominated a Commissioner shall become a Farmer and shall in either of the said cases nevertheless presume directly or indirectly to act as a Commissioner Farmer or Sub-Commissioner to execute the Powers and Authorities aforesaid either alone or joyntly with other persons that are Farmers or else with any other who are not Farmers shall from and after such his acting lose the benefit of his said Farm The Penalty and be thenceforth totally for ever disabled to be either Farmer of the said Revenue or Commissioner for the regulating thereof and exercizing the Powers aforesaid And that all and every act and acts done by any Commissioner or Commissioners or Sub-Commissioners being Farmer or Farmers by him or themselves or joyntly with others who are not Farmers shall be void in Law and of none effect And that all and every person or persons any way molested or troubled by the command and authority of such Commissioner or Commissioners acting by him or themselves or together with others who are not Farmers or Commissioners may bring his Action at Law for the same in any of his Majesties Courts at Westminster and thereby recover his Damages against any such Commissioner or Commissioners any Law or Statute to the contrary notwithstanding And that all and every Letters Patents to be made from and after the Tenth day of April in the year of our Lord One thousand six hundred sixty and thrée enabling any Farmer or Farmers of the Excise to be Commissioner or Commissioners or Sub-Commissioners shall be utterly void and of none effect Any thing in any of the said Acts to the contrary notwithstanding And that if any Commissioner or Sub-Commissioner Commissioners or Sub-Commissioners who by colour or vertue of any Letters Patents are now both Commissioners or Sub-Commissioners for regulating the said Revenue and likewise Farmers of the said Revenue The penalty for giving any false and corrupt judgment to the Brewers damage shall give any false and corrupt Iudgment in advancement of the benefit of his or their said Farm to the Brewers damage contrary to Law he or they shall forfeit for every such Iudgment so falsly and corruptly given double Costs to the Party so injured by the said corrupt and false Iudgment And in case any person shall unjustly complain of any Iudgment of the Commissioners or Sub-missioners as aforesaid and so shall be found upon his Appeal the said party shall forfeit double Costs to the said Commissioners for such unjust vexations to be recovered by Information Bill or Plaint in any Court of Record And be it further Enacted by the Authority aforesaid That from and after the First day of September in the year of our Lord One thousand six hundred sixty and thrée The duty of Gagers in making Entries all and every Gager or Gagers of the Excise who shall take an accompt of any Béer or Ale brewed or made by any common Brewer shall wéekly after such common Brewer hath made or ought to have made his Entry at the Office of Excise and not otherwise make and deliver to such common Brewer at his house or to some of his servants in his behalf a true Copy under his or their hand of such Return or Report as he or they have made thereof to the Commissioners or Sub-Commissioners of Excise respectively upon pain to forfeit for every neglect or refusal the sum of Forty shillings Provided nevertheless That no such common Brewer or
Brewers shall be sued or prosecuted for any penalty or forfeiture by him or them incurred for or by reason of any mis-entry or short Entry if he or they shall within the space of one wéek after the delivery of such Copy as aforesaid certifie his or their Entry according to the said Return or otherwise discharge himself Be it Enacted That from and after the said First day of September One thousand six hundred sixty thrée and as often as there shall be occasion Two able Artists shall be appointed Skilful Gagers to be made and to take an oath one of them by His Majesties Commissioners Farmers or Sub-Commissioners for Excise and the other by the Brewers of any City or place which said Artists shall take an Oath which Oath any one Iustice hath hereby power to administer to take and compute the just Contents and Gage of all Coppers Fat 's Tuns Backs and Coolers and all other Brewing-Vessels of that nature belonging to all or any Brewer or Brewers of Béer or Ale to sell and to deliver and give under their hands one Copy of the particular Contents of all such Vessels to the aforesaid Commissioners Farmers and Sub-Commissioners and another true Copy thereof to each and every such respective Brewer which Computation by the Artists aforesaid shall answer and be according to the measures and proportions exprest in the said former Acts for Excise Commissioners or Farmers not to act as Iusticesces of the peace in matters touching the Excise And be it further Enacted That no Commissioner Farmer or Sub-Commissioner for the Excise or Common Brewer of Ale or Béer to sell or Inn-kéeper whatsoever shall from and after the said First day of September have power to act in or execute as a Iustice of the Peace any of Powers Clauses or things contained in any of the Laws made for and concerning the Excise or in this present Act And if any of the said persons shall presume to act or execute any thing contrary hereunto It is hereby further Declared That all such things so acted or executed by any of them are and shall be utterly void and null to all intents and purposes And whereas by the said recited Acts it is Enacted That no person shall be compelled by the Commissioners or Sub-Commissioners of Excise to Travel for the making of his Entries or Payment of the Duties of Excise or other Clause whatsoever touching or concerning the same if he live in a Market-Town Market Towns out of the said Town and if he live out of a Market-Town then to no other place then to the next Market-Town to his habitation in the same County on the Market-day And nevertheless the Commissioners and Sub-Commissioners or their Officers have not accordingly kept Officers in the Market-Towns in many Counties within England and Wales whereby such Entries and Payments for the Duties of Excise might be had and made and yet do take and levy the Penalties and Forfeitures in the said Acts mentioned for non-Entry and Payment of the Duty and do otherwise thereupon grieve and vex His Majesties Subjects contrary to the true intent and meaning of the said Acts Be it therefore Enacted by the Authority aforesaid That from and after the said First day of September in the year of our Lord One thousand six hundred sixty and thrée the Commissioners Farmers or Sub-Commissioners in each County within England and Wales shall constitute and appoint Officers to attend in Market-Towns touching receits and duties of Excise or depute under their hands and seals such person or persons as they shall think néedful in each respective Market-Town to be there upon every Market-day in some known and publick place for the receiving of the said Entries and Duties of Excise and for performing all other matters and things touching the said Duty according to the said Acts and this present Act which said person and persons so constituted or deputed and the place where they intend to hold or kéep such Office being on the next Market-day after such Constitution or Deputation published in full and open Market shall attend at such Office on every Market-day in such Market-Town and shall keep the said Office open from Nine of the Clock in the morning until Twelve of the Clock at Noon and from Two of the Clock in the Afternoon until Five of the Clock in the Afternoon And in case such Office shall not be so kept and attended in each Market-Town respectively the Commissioners Farmers Sub-Commissioners or other person or persons so neglecting or refusing to do the same shall for every Market-day forfeit Ten pounds the one half to the Kings Majesty His Heirs and Successors and the other half to him or them that will Inform and Sue for the same in any of His Majesties Courts of Record by Action of Debt Bill Plaint or Information wherein no Essoign Protection or Wager of Law shall be admitted or allowed And such person as shall come to such Market-Town to make such Entry or Payment of the Duties The Penalty and shall tender the same according to the said Acts and be able to prove such Tender by the Oath of one or more sufficient Witnesses shall not be liable to any Penalty or Forfeiture imposed by the said Acts for such wéekly or monthly Entries or Payments as should have béen made or paid on such Market-day any Article Clause or Thing in any or either of the said Acts or this present Act to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That from after the first day of September At what times only Brewers may carry out their deer No common Brewer of Béer or Ale shall Sell Deliver or Carry out any Béer or Ale to any his Customers either in whole Cask or by the Gallon in any City Town-Corporate or Market-Town before notice given to an Officer of Excise but betwéen the hours of the day hereafter mentioned That is to say From the Twenty fifth day of March to the Twenty ninth day of September yearly betwéen the hours of Thrée of the Clock in the morning and Nine of the Clock in the evening and from the Nine and twentieth day of September to the Five and twentieth day of March yearly betwéen the hours of Five of the Clock in the morning and Seven of the Clock in the evening upon pain that every Brewer doing contrary hereunto shall for every such Offence forfeit and lose the sum of Twenty shillings for every Barrel of Béer or Ale that shall be so carried out contrary to the true meaning of this Act to be Levied and Recovered as in and by this present Act is hereafter enacted and appointed And be it further Enacted by the Authority aforesaid That if any common Brewer Inn-Kéeper Victualler or other Retailer of Béer or Ale shall at any time after the First day of September after an accompt hath béen taken by the said Gager or Gagers of
the said Burrough and Liberties shall deliver unto the said Bailiff Duplicates of all Accompts of Hearths and Stoves and do all other things in such manner as by the said Acts they ought to have done unto the said Sheriffs Any thing in the said former or this Act to the contrary notwithstanding Provided always and be it Enacted by the Authority aforesaid That it shall and may be lawful to and for the Lord High Treasurer of England Allowance to Clerks of the the Peace of the several Counties and the Chancellor of His Majesties Court of Exchequer or either of them to give and make such further allowance unto the Clerks of the Peace of the respective Counties of this Kingdom for their labour and pains in and about the Writing Engrossing and Returning into His Majesties Court of Exchequer the Duplicates and Returns of the several Constables in Parchment over and besides what is allowed by the said first recited Act as the said Lord High Treasurer and Chancellor or either of them shall think méet and convenient the same allowance not excéeding One penny in the pound by the year Any thing in the said former or in this Act to the contrary notwithstanding CAP. XIV The Profits of the Post-Office and Power of Granting Wine-Licenses setled on His Royall Highnesse the Duke of York and the Heirs Males of his Body WHereas the Lords and Commons being assembled at Westminster the Five and twentieth day of April Anno Domini One thousand six hundred and sixty in the Twelfth Year of the Reign of our most Gracious Sovereign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. were there continued untill the Nine and twentieth day of December next following and then Dissolved In which time a certain Act was made Entituled 12 Car. 2. cap. 25. An Act for the better Ordering the selling of Wines by Retail and for preventing Abuses in the mingling corrupting and vitiating of Wines and for setling and limiting the prices of the same Whereby it was Enacted That no person or persons whatsoever from and after the Five and twentieth day of March in the year of our Lord One thousand six hundred sixty and one unless he or they should be authorized and enabled in manner and form as by the said Act is appointed shall sell or utter by Retail any kind of Wine or Wines to be spent in his or their Mansion-house or Houses or other place by any means whatsoever upon pain of forfeiting for every such offence the Sum of Five pounds the one moyety thereof to the King and the other moyety to him or them that will sue for the same And it was further thereby Enacted That it should be lawful for His Majesty his Heirs and Successors from time to time to issue out under his or their Great Seal of England One or more Commission or Commissions directed to two or more persons thereby authorizing them to license and give authority to such person or persons as they should think fit to sell and utter by Retail all and every or any kind of Wine or Wines to be drunk and spent as well within the house or houses or other place in the Tenure or Occupation of the party so Licensed as without in any City Town or other place within the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed and such Commissioners are to Contract for selling and uttering of Wines by Retail in any City or other place as aforesaid in such manner and form and under such Provisoes as in the said Act is mentioned And it is further provided by the said Act That the Rents Revenues and Sums of money arising by the said Act should be duly and constantly paid and answered into His Majesties Receipt of Exchequer and not be charged or chargeable either before it be paid into the Exchequer or after with any Gift or Pension as by the said Act amongst divers other Provisoes and Clauses may more at large appear And also one other Act was at the same time made Entituled An Act for Erecting and Establishing a Post-Office 12 Car. 2. cap. 34. Whereby it is Enacted That from thenceforth there should be one general Letter-Office erected and established in some convenient place within the City of London from whence all Letters and Pacquets may be sent into any part of the Kingdom of England Scotland and Ireland or other of His Majesties Dominions or unto any Kingdom or Country beyond the Seas And that one Master of the said General Letter-Office shall be from time to time appointed by the Kings Majesty His Heirs and Successors by His or their Letters Patents under the Great Seal of England The Office of Post-Master General by the name and stile of His Majesties Post-Master-General which said Post-Master and his Deputy and Deputies by him thereunto sufficiently authorized and his and their Servants and Agents and no other person shall have the receiving ordering or sending Post of all Letters and Pacquets whatsoever to be sent to and from the places aforesaid except as therein and thereby is excepted And it was thereby provided That such Post-Master-General and his Deputy and Deputies may demand have receive and take for the Portage of all such Letters which he shall convey as aforesaid and for the providing and furnishing horses for thorough-Posts according to the Rates therein mentioned And that His Majesty His Heirs and Successors may Grant the said Office of Post-Master-General with the Powers and Authorities thereunto belonging and the several Rates of Portage therein mentioned and all Profits Priviledges Fées Perquisits and Emoluments thereunto belonging either for life or term of years not excéeding One and twenty years to such person and persons and under such Covenants Conditions and yearly Rents to His said Majesty His Heirs and Successors reserved as he or they shall from time to time think fit As by the said Act amongst divers other Clauses and Provisoes therein contained may more at large appear Both which Acts have béen confirmed by this present Parliament Now forasmuch as the Kings most Excellent Majesty is graciously pleased out of His Princely care and great love and affection to His most entirely beloved Brother James Duke of York for and towards the Maintenance and Support of the said Duke his State and Dignity to Grant and Assign all and every the Power and Powers Authority and Authorities of giving License to any person or persons to Sell or Vtter by Retail all and every or any kind of Wine or Wines whatsoever with all Rents Sum or Sums of Money Revenues Profits and Emoluments whatsoever that shall or may arise from or out or by reason of such power of Licensing the Retailing of Wines or Forfeitures for Retailing of Wines without such Licenses unto the said James Duke of York and to the Heirs males of his Body begotten or to be
of Law or Equity wherein no Protection Wager of Law or Essoign shall lie Provided also Proviso for Daniel Oneale Esquire EXP. That nothing herein contained shall make void the Grant made by His Majesty to Daniel Oneale Esquire of the Office of Post-Master-General or general Letter-Office or Post-Office for four years and one quarter of a year from the said Five and twentieth day of March in the year of our Lord One thousand six hundred sixty and thrée under the yearly Rent of One and twenty thousand five hundred pounds for all the said Term Except the last Quarter which is paid aforehand so as the said Rents be paid unto his said Highness James Duke of York and to the Heirs Males of his Body begotten or to be begotten Provided also And it is hereby further Enacted and Declared That it shall and may be lawful for the Kings Majesty His Heirs and Successors at any time or times during the said Estate Tail by Warrant under His Privy-Seal to charge any Sum or several Sums of Money not excéeding in the whole the Sum of Five thousand thrée hundred fourscore and two pounds ten shillings to be paid out of the profits of the Office of Post-Master-General to the which said Sum of Five thousand thrée hundred fourscore and two pounds ten shillings the several Sums and Payments now already charged thereupon do in the whole amount the Grant of which Sums are not to be avoided by this Act And which said Sums of Money not excéeding the said Sum of Five thousand thrée hundred fourscore and two pounds ten shillings to be granted by His Majesty as aforesaid are and shall be by Authority of this Act confirmed and made in full force His Majestie may nominate the Post-Master-General Provided further That the Kings most Excellent Majesty His Heirs and Successors shall have the nomination of the Post-Master-General of the said Post-Office and shall from time to time nominate and appoint such person and persons as he or they shall please to be Post-Master-General of the said Office and may grant the same Office with the Power and Authority thereunto belonging and the said Rates of Portage in the said Act mentioned either for site or term of years not exceeding One and Twenty years to such person or persons as he or they shall think fit under the most improved yearly Rent that can be reasonably had or gotten for the same by the said Duke or the Heirs males of his Body begotten or to be begotten without Fines the said yearly Rent to be reserved and payable to the said Duke and to the Heirs males of His Body begotten or to be begotten and also under such Covenants Conditions and Agréements as the said Duke or the Heirs males of his body begotten or to be begotten shall think fitting Any thing in this present Act contained to the contrary notwithstanding The Duke may joynture any wife in a third part of the Profits Provided alwayes and it is hereby Declared That it shall and may be lawful to and for the said James Duke of York and the Heirs males of his Body begotten and to be begotten to settle any part of the said Premisses not excéeding a Third part of the clear yearly value over and above all Charges and Reprises for a Ioynture for his or their Wife or Wives and also to Lease any other part of the said Premisses for any number of years not excéeding One and Twenty years and not excéeding one other third part of the clear yearly value of the Premisses over and above all other Charges and Reprises in order to raise Portions for his or their younger Children Proviso for the Vniversities Provided also That this Act or any thing therein contained shall not in any wise be prejudicial to the Priviledge of the two Vniversities of this Land or either of them or to the Chancellor or Schollars of the same or their Successors but that they may use and enjoy such Priviledges as heretofore they have lawfully used and enjoyed Any thing herein to the contrary notwithstanding Proviso for the company of Vintners of London Provided also That this Act or any thing therein contained shall not extend or be prejudidicial to the Master Wardens and Fréemen and Commonalty of the Mystery of Vintners of the City of London or to any other City or Town Corporate but that they may use and enjoy such Liberties and Priuiledges as heretofore they have lawfully used and enjoyed Any thing herein contained to the contrary in any wise notwithstanding Provided also And be it Enacted by the Authority aforesaid That this Act or any thing therein contained Proviso for the Borough of St. Albans shall not in any wise extend to debar or hinder the Mayor and Burgesses of the Borough of Saint Albans in the County of Hertford or their Successors from enjoying using and exercising of all such Liberties Powers and Authorities to them heretofore granted by several Letters Patents under the Great Seal of England by Quéen Elizabeth and King James of famous Memories for the Erecting Appointing and Licensing of Thrée several Wine-Taverns within the Borough aforesaid for and towards the maintenance of the Frée-School there but that the same Liberties Powers and Authorities shall be and are hereby established and confirmed and shall remain and continue in and to the said Mayor and Burgesses and their Successors to and for the Charitable use aforesaid and according to the tenour of the Letters Patents aforesaid as though this Act had never béen made Any thing herein contained to the contrary in any wise notwithstanding Proviso for the Vniversity Letters Provided always That all Letters and other things may be sent or conveyed to or from the two Vniversities in manner as heretofore hath béen used Any thing herein to the contrary notwithstanding CAP. XV. The Manufactures of making Linnen Cloth and Tapistry encouraged The inconvenience by importing foreign materials of Linnen and Tapistry Hangings VVHereas vast quantities of Linnen Cloth and other Manufactures of Hemp and Flax and of Tapistry Hangings are daily Imported into this Kingdom from Foreign parts to the great Detriment and Impoverishment thereof the Moneys and quick-stock of this Kingdome being thereby daily exhausted and diminished and the poor thereof unimployed while the Materials for the making of such Hangings are here more plentiful and better and cheaper then in those places from whence they are Imported And Flax and Hemp might be had here in great abundance and very good if by setting up the Manufactures of such Commodities as are made thereof it would be taken off the hands of such as sow and plant the same Encouragement of English Manufactures For the Encouragement therefore of those Manufactures Be it Enacted and it is hereby Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spirituall and Temporall and Commons in this present Parliament Assembled
and imposed by vertue of this Act for preservation of the said Great Level from drowning And whereas the persons now in possession of the said last mentioned Shares Lots Parts and Proportions of the said Ninety five thousand acres whereof pretended Estates and Conveyances were taken contracted for or accepted of as aforesaid do pretend that they or those under whom they do respectively claim and derive their right title or pretensions to the said Shares Lots Parts and Proportions respectively have laid out and disbursed for Taxes for and towards the maintenance preservation and repair of the works of the said Great Level heretofore Erected by the Earl Francis and his Participants and for and towards their erection of new and necessary works for the better and more effectual Dreyning of the said Great Level and for building upon the said Shares Lots Parts and Proportions more moneys then the cléer rents issues and profits of the said Shares Lots Parts and Proportions have amounted to since the said respective pretended Estates and Conveyances were first taken contracted for accepted as aforesaid Be it therefore Enacted by the Authority aforesaid And it is hereby Enacted That the Chief Iustice of the Court of Kings Bench the Chief Iustice of the Court of Common-Pleas The Chief Iustice of the Kings bench and others made a Iudicature to hear and determine differences the Chief Baron of the Court of Exchequer and the Iustices of the said Court of Common-Pleas for the time being or any two or more of them are hereby constituted appointed and erected a Iudicature or Commissioners to Hear Order Iudge Decrée and Determine upon Bills and Answers to be Exhibited or otherwise as they shall think fit betwéen the said persons who are now in the Possession of the said respective Shares Lots Parts and Proportions and the respective Heirs and Assigns of the said persons now in possession as aforesaid And the said Sir Richard Onslow and other the said Assignées and Trustées of the said Henry late Earl of Arundel and Surrey deceased Arthur Earl of Anglesey Thomas Lord Culpepper the said Samuel Sandys the elder or his Trustées Sir William Terringham Robert Phillips Robert Scawen and the said other persons Participants of the said Earl Francis and their respective Heirs and Assigns who are now out of the possession of the said Shares Lots Parts and Proportions respectively and to whom respective Estates are by vertue of this Act to be executed of the same as aforesaid And the said Iudicature or Commissioners or any two or more of them are hereby authorized out of the said Shares Lots Parts and Proportions to Order Adjudge Decrée and Determine to either of the said Parties respectively such recompence and allowance as they the said Iudicature or Commissioners or any two or more of them shall see cause And for the better enabling the said Iudicature or Commissioners to procéed to the hearing ordering adjudging decréeing and determining and for putting in due and spéedy execution such Order Iudgement Decrée and Determination as they or any two or more of them shall make betwéen the said parties It is hereby further Enacted by the Authority aforesaid That they the said Iudicature or Commissioners or any two or more of them shall have such and the like power and authority as the High Court of Chancery hath in cases before the said Court depending and for putting in execution the Decrées of the said Court. The power and authority of the said Iudicature And to the end that the said Iudicature may be the better enabled to Iudge of the Rights and Pretensions of either party Be it further Enacted by the Authority aforesaid That in every Decrée or Determination which they shall make by vertue and in pursuance of this Act they shall have regard to the sum and sums of money actually disbursed and expended by either party in the Works of Dreyning the said Great Level Directions for their decrees and proceedings and in the preservation and reparation of the same and also to the respective Times of such Disbursements and expence defalking thereout such sum and sums of money as have béen received by either party their Tenants or Assigns for the Rents Issues and Profits of the same and abating out of the Interest of the Money disbursed by either party so much as the Interest of the Money received by such party for the Rents Issues and Profits of the same doth amount unto And to the intent that the persons who by the true intent and meaning of this Act are to be put into possession of any part of the said Eighty thrée thousand acres may not by undue delayes or by any other means or pretensions be kept out of the possession of the same Be it further Enacted by the Authority aforesaid That at any time or times after the expiration of Six moneths after the Passing of this Act it shall and may be lawful to and for the said Samuel Sandys the elder and his Trustées for him Sir Richard Onslow and others the Assignées and Trustées of Henry late Earl of Arundel and Surrey deceased Arthur Earl of Anglesey Thomas Lord Culpepper Sir William Terringham Robert Phillips and Robert Scawen their and every of their respective Heires and Assigns and to and for the Participants of the said Earl Francis Parties to the said Indenture of Fourtéen parts their and every of their respective heirs and assigns whose Lands Shares Lots Parts and Proportions of and in the said Ninety five thousand acres were sold or pretended to be sold for non-payment of Taxes by vertue of the said pretended Act of the Nine and twentieth day of May in the year of our Lord One thousand six hundred forty and nine to bring their respective Action or Actions of Trespass or Trespass and Ejectment in His Majesties Court of Kings Bench or Court of Common-Pleas at Westminster against any person or persons whatsoever possessing withholding or occupying the same although the said Governour Bayliffs and Conservators or so many and such of them as are thereunto authorized by this present Act have not or shall not execute estates pursuant to this present Act to such person or persons hereby enabled to bring such Action or Actions and such person or persons shall recover such Lands Shares Lots Parts and Proportions of the said Ninety five thousand acres as they respectivly shall make and derive title and claim unto as Participants of the said Francis Earl of Bedford parties to the said Indenture of Fourtéen parts or as the respective Heirs or Assigns of the said respective Participants parties to the said Indenture of Fourtéen parts as if the said Governour Bayliffs and Conservators had duely executed respective Estates of such respective Lands Shares Lots parts and Proportions of the said Ninety five thousand acres according to the true intent and meaning of this Act And such person or persons his and their respective Heirs and Assigns shall have and
shall upon Complaint be found and adjudged by the said Commissioners or any seven or more of them to be unequally unduly or inconveniently set forth by reason of any allotting either of greater quantities or as belonging to other Counties Parishes or Manors or in more inconvenient places then they were formerly allotted and set out by a Law of Sewers made at Saint Ives the Twelfth day of October in the Thirtéenth year of King Charles the First notwithstanding any vesting of the said Ninety five thousand Acres or any part thereof in the Kings Majesty or in the said Governour Bailiffs and Commonalty or in any other persons before mentioned or any Estates executed by them or any of them Ravely Upwood Sothery Wicken Cowfenn Beezling Provided and be it Enacted That Ninety thrée Acres in Ravely and Upwood Seventy six Acres in Sothery Fourty four Acres and one Rood in Wicken Eighty eight Acres in Cowfenn Two hundred eighty two Acres in Beezling and Thirty seven Acres in Upwell set out to be enjoyed as part of the said Ninety five thousand Acres since the making the said Law of St. Ives in lieu of like Proportions altered and restored to the Countrey shall be held and enjoyed by the said Corporation subject nevertheless to the trust in and by this Act declared as to the said Eighty thrée thousand Acres residue of the said Ninety five thousand Acres and shall be set forth to the said Corporation in trust for the Participants or Adventurers whose proportion shall be so altered or exchanged in lieu of such part as shall be so altered exchanged or restored such other proportions in such other places within the said Level as to the said Commissioners or any seven or more of them that any of the proportions of the said Ninety five thousand Acres heretofore set forth to Francis Earl of Bedford his then Participants and Assigns do fall short in the quantity of Acres for which the same were set forth and allotted according to the said Laws of Lynne and St. Ives the said Commissioners or any seven or more of them shall within the said term of Four years aforesaid appoint the same to be supplied and made up out of the grounds where the same was so allotted to be set forth to make up the said proportion of Ninety five thousand Acres And in case the said Earl of Bedford and his Participants or the said Corporation shall through or by reason of their undertaking or Dreyning aforesaid in the sixth year of His late Majesties Reign of ever blessed Memory have done or hereafter shall do any Act or Acts to the prejudice of Navigation and whereby Navigation in the said Rivers of Owse and Grant and all other Rivers now Navigable passing through the said Level and the River of Westwater being a branch of the River of Owse if it be consistent with the Dreyning or in any of them or such Drove wayes or Bridges within and without the said Level as have béen made or caused to be made by the Adventurers and have been by them maintained unless there be some agréement to the contrary be or hereafter shal be interrupted obstructed and made worse that then the said Commissioners or any seven or more of them whereof the Vice-Chancellour for the Vniversity of Cambridge the Mayor of the Town of Cambridge and the Mayor of the Town of Kings Lynne for the time being to be thrée if they upon notice left at their respective Habitations shall think fit to be present from time to time shall and may decrée the same to be made good and amended at the proper Costs and Charges of the said Corporation within a convenient time as to their Iudgements shall séem méet And in case it shall happen and so fall out that the said Corporation shall neglect or refuse to repair and make good the same according to the Order and Decrée of the said Commissioners and within the time limited by them that then it shall and may be lawful to and for the said Commissioners or any seven or more of them by Warrant under their Hands and Seals attested to tax the said Ninety five thousand Acres in such Sum and Sums of money as in their Iudgements shall séem méet for the making preserving and kéeping the Navigation in any of the aforesaid Rivers as the same was in the said Sixth year of the said King Charles the First which said Sum or Sums of money so to be Assessed or Taxed by the Commissioners aforesaid shall within Twenty days next after notice thereof given to the Governour or Treasurer of the said Corporation be paid unto such person and persons as the said Commissioners shall nominate and appoint to receive the same And in case the said Governour or Treasurer of the said Corporation after notice so given as aforesaid shall refuse or neglect to pay the said Sum or Sums as aforesaid That then the said Commissioners or any seven or more of them shall have full power and Authority to impower the said person or persons to levy the said Sum or Sums of money by Distress or Distresses to be taken upon the said Ninety five thousand Acres or any part thereof and make sale of the said Distress or Distresses so taken and sell the same and render the overplus unto the said Governour or Treasurer deducting the reasonable charges for their labour and pains therein All which said Sum or Sums of money so to be taxed and levied by the Authority aforesaid shall be expended and laid out in preserving and kéeping the said Navigation as aforesaid and maintaining the same according to the true intent and meaning of this Statute and not otherwise And the said Commissioners or any Seven or more of them are also hereby Impowered and Authorized within the space of Four years from the Four and twentieth day of June in the year of our Lord One thousand six hundred sixty thrée to ascertain and divide the Precincts and Boundaries of such parts of the said respective Counties Lordships Mannors and Parishes within the said Level as have béen by and since the undertaking defaced and made obscure or by some other means remain uncertain and hard to be found out and shall set down such Bounds and Divisions in writing by such Marks Boundaries and Descriptions as to them shall séem méet and shall certifie the same under their hands and seals in the High Court of Chancery according to which Division of the said Commissioners or any seven or more of them the extent of the said respective Counties Lordships Mannors and Parishes in such places so bounded and divided shall for ever after the said Certificate be déemed to be and none other And in case the quantity of Eight thousand acres lying together or near together or any greater quantity of Ground lying together or near together within the said Level shall become drowned and so continue for the space of Twelve moneths together That then it shall
such election and choice or in any other matter so as such Lessées and their Assignées respectively have and be Lessées or Owners of double the quantity or number of Acres parcel of the said Ten thousand Acres as by vertue of this Act is required to qualifie any person to be elected and chosen into the Office or Place of Governor Bayliff or Conservator respectively and to vote in such elections and choice or in any other matter touching the said Level and so as such Leases or Assignments they claim by be entred with the Register Any thing before in this Act to the contrary notwithstanding Provided always and be it Enacted by the Authority aforesaid That this Act shall not extend to Impeach or make void any Obligation given to David Offley Gentleman conditioned for his quiet enjoyment of a certain parcel of Land purchased by him in the said Level but that the said David Offley may sue and prosecute his several Action or Actions upon the said Obligation as if he had béen evicted or removed from his Estate therein by due course of Law How Breaches shall be made good And be it further Enacted by the Authority aforesaid That if any Breaches happen in any of the Banks Sasses Sluces Tunnels or other Works within the said Great Level or in any the Works made without the said Great Level for carrying the waters of the said Great Level to their Out-fall at Sea by reason of some inevitable accidents the same shall be repaired and made good in convenient time by and at the Charges of the said Corporation and their Successors but no other Charge shall be laid upon the said Corporation or their Successors for or in respect of such Breaches nor for or in respect of any Breaches that have happened heretofore in any of the said Banks Sasses Sluces or other Works nor shall the said Corporation be inforced to give to any other person any recompence for any loss or damage which hath or shall happen by reason of their making necessary and sufficient Banks for the defending of the said Level from being overflown and for the leading of the waters of the said Level in their Channels as now they run unto their Out-fall at Sea Proviso for persons that have exchanged their Lands Provided nevertheless and be it Enacted That where any Participant under Francis Earl of Bedford or the Heirs or Assigns of any such Participant hath exchanged his or their Share or Lot of the said Ninety five thousand Acres or any part thereof for any other Lands parcel of the said Ninety five thousand acres which were claimed and held under such pretended Sales for non-payment of Taxes since One thousand six hundred forty and nine It shall and may be lawful to and for such Participant and Participants and his and their Heirs and Assigns to enter again upon the same Lands so given in exchange and to have and retain the same in his and their possession Any thing in this Act to the contrary notwithstanding Subject nevertheless in all things to such Iudgment and Determination as the Iudicature hereby construed shall make concerning the same Provided always That no ascertatining or dividing of the said Dreyned or new improved Lands by the said Commissioners as aforesaid shall conclude the Kings Majesty his Heirs Successors or Assigns or any other person or persons as to the bounds of Parishes to any other intent or purpose then subjecting the same to Taxes and Contributions and Episcopal Iurisdictions and not as to the Right of Tythes or any other purpose whatsoever nor shall be or be used in evidence concerning the same Commons and Wasts in Bedford Level inclosed Provided also and be it further Enacted by the Authority aforesaid That if any person or persons having right of Common in any of the Mannors Wastes Commons or Lands within the said Great Level of the Fenns called Bedford Level or any other person or persons whatsoever at any time after such Division or Inclosure made or set out as aforesaid shall break throw down disturb obstruct or by any means hinder or lay open the said Improvements and Inclosures at in or after the making thereof or the Hedges Ditches or Fences of the same or any part thereof shall destroy and shall be thereof convicted by two credible Witnesses upon Oath before two Iustices of the Peace of the County where such Disturbance or Destruction shall be made Every such person or persons so convicted as aforesaid shall forfeit for every such offence the sum of twenty pounds to be levied by Distress vpon the Goods and Chattels of every such offender or offenders by Warrant under the hands and seals of the said Iustices of the Peace before whom such conviction shall be made the one moyety to the Informer and the other moyety to such person or persons against whom the said Offence is or shall be committed or for want of such sufficient distress the Offender shall be committed to the House of Correction or Common Goal for thrée Moneths without Bail or Mainprise at the said Iustices Discretion Provided always and it is hereby Enacted and Declared 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 eight no Tax or Taxes excéeding Two shillings the Acre in any one year shall be assessed After the year 1668. Taxes shall not exceed 2 s. in the pound laid or levied upon the said Ten thousand Acres by this Act vested in the Kings Majesty his Heirs Successors and Assigns or upon any part thereof or upon the Two thousand Acres hereby vested in the Assigns of the said Earl of Portland but in case the Taxes to be assessed upon the said Eighty thrée thousand Acres hereby vested in the said Corporation shall not amount unto so much in proportion as Two shillings an Acre according to the proportion for each acre Then a proportionable abatement shall be made out of the said Two shillings per Acre which shall be charged yearly by an equal Rate upon every acre of the said Ten thousand acres and the said Two thousand acres according to the Rate imposed upon every acre of the said Eighty thrée thousand acres whether the same shall be assessed by an Acre-Tax or a Pound-Rate or by any other way Any thing herein contained to the contrary notwithstanding And it is further Declared That the Assessing Laying and Levying of Taxes upon the said Ten thousand acres or upon the said Two thousand acres or any part thereof after the said First day of August which shall be in the said year of our Lord One thousand six hundred sixty and eight by the way of an Acre-taxe shall not extend nor be interpreted or construed to extend to compel or conclude the said Corporation to Assess Lay or Levy any Tax or Taxes upon the said Eighty thrée thousand acres hereby vested in the said
Corporation or upon any part thereof by the way of an Acre-Tax Anno XVI Caroli II. Regis CAP. I. Parliaments shall be held once in Three years at the least And an Act for the preventing of Inconveniences happening by the long Intermission of Parliaments Repealed WHereas the Act made in the Parliament begun at Westminster the Third day of November in the Sixtéenth year of the Reign of our late Soveraign Lord King Charles of blessed memory Entituled 16 Car. 1. cap. 1. An Act for the preventing of Inconveniences happening by the long Intermission of Parliaments is in derogation of his Majesties just Rights and Prerogative inherent to the Imperial Crown of this Realm for the Calling and Assembling of Parliaments And may be an occasion of manifold mischiefs and inconveniencies and much endanger the Peace and Safety of his Majesty and all his Liege People of this Realm 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 the Authority of the same That the said Act entituled A Repeal of the said Act. An Act for the preventing of Inconveniences happening by the long Intermission of Parliaments And all and every the Articles Clauses and Things therein contained is shall be and are hereby wholly Repealed Annulled and utterly made Void And are hereby declared to be Null and Void to all intents and purposes whatsoever as if the said Act had never béen had or made Any thing in the said Act contained to the contrary in any wise notwithstanding And because by the Ancient Laws and Statutes of this Realm 4 E. 3. cap. 14. 36 E. 3. cap. 10. made in the Reign of King Edward the Third Parliaments are to be held very often Your Majesties humble and Loyal Subjects the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled most humbly do beséech Your most Excellent Majesty That it may be Declared and Enacted And be it Declared and Enacted by the Authority aforesaid That hereafter the sitting and holding of Parliaments shall not be intermitted or discontinued above Thrée years at the most but that within Thrée years from and after the determination of this present Parliament and so from time to time within Thrée years after the determination of any other Parliament or Parliaments or if there be occasion more oftner Your Majesty Your Heirs and Successors do issue out Your Writs for calling assembling and holding of another Parliament to the end there may be a frequent calling assembling and holding of Parliaments once in Thrée years at the least CAP. II. An Act for preventing of Abatements of Writs of Error upon Judgments in the Exchequer WHereas by a Statute made in the One and thirtieth year of the Reign of the late Quéen Elizabeth It is Enacted That the not coming of the Lord Chancellor 31 El. cap. 1. and Lord Treasurer or either of them at the day of Adjournment in any Suit of Error depending 31 E 3. cap. 12. by vertue of the Statute of the One and thirtieth year of the Reign of King Edward the Third therein mentioned concerning Error made in the Exchequer shall not be any Discontinuance of any such Writ of Error But if both the Chief Iustices of either Bench or any one of the said great Officers the Lord Chancellor or Lord Treasurer shall come to the Exchequer-Chamber and there be present at the day of Adjournment in such Suit of Error It shall be no Discontinuance but the Suit shall procéed in Law to all intents and purposes as if both the Lord Chancellor and Lord Treasurer had come and béen present at the day and place of Adjournment Which Statute doth not provide a Remedy in case the said Lord Chancellor and Lord Treasurer or either of them shall not be present at the Days and Times of the Returns of such Writs of Error although it be within the same mischief Iustice being delayed And the parties in such Cases being put to begin new Suits to their great Charges and prejudice by reason of the absence and not coming of the said great Officers 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 Parliament Assembled and by Authority of the same The not comâ—ing of the Lord Chancellor or Lord Treasurer That the not coming of the Lord Chancellor and Lord Treasurer or either of them at the day of Return of any Writ of Errour to be sued forth by vertue of the said Statute made in the said One and thirtieth year of the Reign of the said King Edward the Third shall not cause any Abatement or Discontinuance of any such Writ of Error But if both the Chief Iustices of either Bench or either of them or any one of the said great Officers the Lord Chancellor or Lord Treasurer shall come to the Exchequer-Chamber and there be present at the day of Return of any such Writ of Error it shall be no Abatement or Discontinuance But the Suit shall procéed in Law to all intents and purposes as if both the Lord Chancellor and Lord Treasurer had come and béen present at the day and place of Return of such Writ Provided always That no Iudgment shall be given in any such Suit or Writ of Error unless both the Lord Chancellor and the Lord Treasurer shall be present thereat CAP. III. For Collecting the Duty arising by Hearth-Money by Officers to be appointed by His Majesty 14 Car. 2. cap. 10. WHereas by an Act made in the Parliament begun at Westminster the Eighth day of May in the Thirtéenth year of his Majesties Reign that now is Entituled An Act for Establishing an Additional Revenue upon His Majesty his Heirs and Successors for the better Support of His and their Crown and Dignity And by another Act made in the second Session of the said Parliament 15 Car. 2. cap. 14. in the Fiftéenth year of the Reign of his said Majesty Entituled An Additional Act for the better Ordering and Collecting the Revenue arising by Hearth-money It was Enacted and Ordained That from and after the Five and twentieth day of March in the year of our Lord One thousand six hundred sixty and two every Dwelling and other House and Edifice and all Lodgings in Inns of Court Inns of Chancery Colledges and other Societies that are or hereafter shall be erected within the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed other then such as are therein excepted shall be and are charged with the Annual payment to the Kings Majesty his Heirs and Successors for every Fire-Hearth and Stove within every such House Edifice Chambers and Lodgings the sum of Two shillings by the year to be paid yearly at the Feasts of Saint Michael the Arch-Angel and of the
and paid in to the Receiver-General of the said several Counties who shall be appointed by His Majesty And who are hereby required to transmit or cause the same to be paid into His Majesties Receipt of His Exchequer on or before the first day of May in the year of our Lord One thousand six hundred sixty and five The second payment And the sum of Two hundred and six thousand four hundred and fifty and eight pounds six shillings eight pence being the second of the said quarterly Payments on or before the first day of August in the year of our Lord One thousand six hundred sixty five The third payment And the sum of Two hundred and six thousand four hundred and fifty and eight pounds six shillings and eight pence being the third of the said quarterly Payments on or before the first day of November in the year of our Lord One thousand six hundred sixty five And the sum of Two hundred and six thousand four hundred and fifty and eight pounds six shillings eight pence The fourth payment being the fourth of the said quarterly Payments on or before the first day of February in the year of our Lord One thousand six hundred sixty five And the sum of Two hundred and six thousand four hundred and fifty and eight pounds six shillings eight pence being the fifth of the said quarterly payments The fifth payment on or before the first day of May in the year of our Lord One thousand six hundred sixty six And the sum of Two hundred and six thousand four hundred and fifty and eight pounds six shillings eight pence being the sixth of the said quarterly payments The sixth payment on or before the first day of August in the year of our Lord One thousand six hundred sixty six And the summe of Two hundred and six thousand four hundred and fifty and eight pounds six shillings eight pence being the seventh of the said quarterly payments on or before the first day of November The seventh payment in the year of our Lord One thousand six hundred sixty six And the summe of Two hundred and six thousand four hundred and fifty and eight pounds six shillings eight pence The eight payment being the eighth of the said quarterly payments on or before the first day of February in the year of our Lord One thousand six hundred sixty six And the summe of Two hundred and six thousand four hundred and fifty and eight pounds six shillings eight pence The ninth payment being the ninth of the said quarterly payments on or before the first day of May in the year of our Lord One thousand six hundred sixty seven And the summe of Two hundred and six thousand four hundred and fifty and eight pounds six shillings eight pence being the tenth of the said quarterly payments The tenth payment on or before the first day of August in the year of our Lord One thousand six hundred sixty seven and the sum of Two hundred and six thousand four hundred and fifty and eight pounds six shillings eight pence being the eleventh of the said quarterly payments on or before the first day of November The eleventh payment in the year of our Lord One thousand six hundred sixty seven and the sum of Two hundred and six thousand four hundred and fifty and eight pounds The twelfth payment six shillings eight pence being the twelfth of the said quarterly payments on or before the First day of February in the year of our Lord One thousand six hundred sixty seven And for the compleating of the whole sum charged upon the same and to the end the aforesaid sums charged upon the several and respective Counties Cities Burroughs Towns and places may be equally and indifferently Assessed according to the true intent of this Act and the money duly Collected The duty of the Assessors and true accompt thereof made the said Assessors are hereby required to deliver one Copy of their respective Assessments fairly written and subscribed by them unto the said Commissioners and the said Commissioners or any two or more of them are hereby ordered and required to Sign and Seal two Duplicates of the said Assessements and the one of them to deliver or cause to be delivered to one or more honest and responsible person or persons to be Subcollector or Subcollectors Subcollectors for each parish which the said Commissioners are hereby authorized to nominate and appoint for each Parish or Place with Warrant to the said Subcollector or Subcollectors to Collect the said Assessment payable as aforesaid so as the said several sums may be paid into the said Receivers General and by them into the Receipt of His Majesties Exchequer at the respective times aforesaid and the said Commissioners are hereby required to deliver Duplicates to be transmitted into the Exchequer or cause to be delivered the other of the said Duplicates of each Parish or place to the Receiver General of each County City Town or place respectively to be by him the said Receiver-General transmitted into the Kings Remembrancers Office in the Exchequer which the said Receiver General is required to perform accordingly And be it further Enacted and Declared That the said Commissioners in their respective Divisions or Hundreds The Commissioners to nominate a Head Collector for each division or any two or more of them shall and are hereby impowred to nominate and appoint under their Hands and Seals an honest able and responsible person to be Head-Collector unto whom the moneys received by the Subcollectors within the Division or Hundred shall from time to time be duely paid And the said Head-Collector is hereby required upon the Receipt thereof to pay the same forthwith to the Receiver-General of each County respectively How Collectors and Sub-collectors shall pay the moneys received And be it further Enacted and Declared That the particular Collectors and Subcollectors are hereby required to pay in all and every the sums so received by them to the said Receivers-General aforesaid who are hereby required forthwith to transmit or cause to be paid the moneys by them received into the Receipt of His Majesties Exchequer And the said Lord Treasurer is hereby Authorised to allow the said Receiver-General of each County City and Town respectively Allowances to the Receivers General in case he hath returned up as aforesaid a Duplicate of the Assessment of each Parish or Place in the County City or Town for which he is appointed Receiver-General a Salary for his pains not exceeding one peny in the pound upon the cléering of his Accompt which Duplicate so to be returned into the Kings Remembrancers Office in the Exchequer is intended to contain no more then the sums in gross to be collected by each Sub-collector and the several names of the said Sub-collectors And it is hereby further Enacted and Declared Allowances to Sub-collectors That the
the Coals which shall be otherwise sold or exposed to sale by any Woodmonger or Retailer of Coals and the double value thereof to be recovered by any person or persons that will prosecute for the same in any Court of Record or by way of complaint made unto the Lord Mayor of London for the time being and Iustices of Peace within the City of London and Liberties thereof or to any two of them or to the Iustices of Peace of the several and respective Counties and Places where such Coals shall be exposed to sale or any of them who are hereby Impowred and Required to call the Parties before them and to hear and examine such Complaint upon Oath which by vertue of this Act is to be administred by them or any Two of them and upon due proof thereof made to their satisfaction to Convict the Offenders and to give Warrant under their Hands and Seals for levying the Forfeitures accordingly the one half thereof to be to and for the use of the person or persons so prosecuting or complaining and the other half to and for the use of the Poor or repairing of the High-wayes within the same Parish or any other adjoyning Parish or Parishes to be appointed and apportioned by the direction of the said Lord Mayor and Iustices by such their Warrant as aforesaid And the said Lord Mayor of London and the Court of Aldermen for the time being Who may set Rates upon Coals in London and the Iustices of Peace of the several Counties respectively or any thrée or more of them whereof one to be of the Quorum are hereby impowred to set the Rates and Prises of all such Coals as shall be sold by Retail as they from time to time shall judge reasonable allowing a competent profit to the said Retailer beyond the price paid by him to the Importer and the ordinary charges thereupon accruing And that if any Ingrosser or Retailer of such Coals shall refuse to sell as aforesaid Ingrossers or Retailers refusing to â—ell at the said Rates That then the said Lord Mayor and Aldermen and Iustices of Peace respectively are hereby authorised to appoint and impower such Officer or Officers or other persons as they shall think fit to enter into any Wharf or other place where such Coals are stored up And in case of refusal taking a Constable to force entrance and the said Coals to sell or cause to be sold at such Rates as the said Lord Mayor and Aldermen and Iustices respectively shall judge reasonable rendring to such Ingrosser or Retailer the money for which the said Coals shall be so sold necessary charges being deducted The continuance of this Act. Provided That this Act shall continue for thrée years next ensuing and thenceforth to the end of the next Session of Parliament and no longer Provided also That no person or persons that shall be sued by vertue of this Act for not observing thereof shall be sued upon any other Act or Law now in force for the same offence And if any Action shall be commenced against any Iustice of Peace Persons sued upon this Act may plead the general issue Constable or other Officer or Person for any thing done by colour of this Act the Defendant in every such Action may plead the general Issue and give the special matter in Evidence And if the Verdict be found for him or the Plaintiff become Non-suited shall recover and have his Damages and double Costs of suit for his unjust Vexation in that behalf Who may not act in setting Rates upon Coals Provided always That no Person having any Interest in any Wharf used for the receiving or uttering of Coals or that doth or shall Trade by himself or others in his own or any other name in the sale of any Coals or the Engrossing the same in order to sell the same and not for his own private use onely shall act or otherwise intermeddle in the setting the Price of Coals Any thing in this Act to the contrary in any wise notwithstanding CAP. III. For the Returning of able and sufficient Jurors FOr the returning of more able and sufficient Iurors for Trials hereafter to be had betwéen Party and Party and for reformation of abuses in Sheriffs and other Ministers who for reward do oftentimes spare the ablest and sufficientest and return the poorer and simpler Fréeholders less able to discern the Causes in question and to bear the charges of appearance and attendance thereon Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same Iurors for trials of issues shall have 20 l. per annum Freehold That all Iurors other then Strangers upon Tryals per medietatem linguae who are to be returned for the Tryals of Issues joyned in any of the Kings Majesties Courts of Kings Bench Common-Pleas or the Exchequer or before Iustices of Assize or Nisi Prius Oyer and Terminer Gaol-Delivery or General or Quarter-Sessions of the Peace from and after the twentieth day of April which shall be in the year of our Lord One thousand six hundred sixty five in any County of this Realm of England shall every of them then have in their own name or in trust for thâ—â— within the same County twenty pounds by the year at least above reprises in their own or their wives right of Free-hold Lands or of ancient Demesne or of Rents in Fee Fee-tail or for life And that in every County within the Dominion of Wales every such Iuror shall then have within the same eight pounds by the year at the least above reprises in manner aforesaid All which Persons having such Estate as aforesaid are hereby enabled and made lyable to be returned and to serve as Iurors for the Tryal of Issues before the Iustices aforesaid Any Law or Statute to the contrary in any wise notwithstanding And if any of a lesser Estate and value shall be respectively returned upon any such Iury or Tales in default of such Iurors it shall be a good cause of Challenge and the Party returned shall be discharged upon the said Challenge or his own Allegation and Oath thereof And that no Iury-mans Issues making default shall be saved but by special Order of the Iudge or Iudges before whom the Issue is to be tryed Issues of Iurors upon default for some just and reasonable cause proved upon Oath before the same Iudge or Iudges And all such Issues shall be duly estreated and levied The Ven ' fac And that the Writ of Venire facias which from and after the aforesaid time shall be awarded and directed for the impannelling of Iuries in cases aforesaid within any County of England shall be in this form Rex c. Praecipimus c. quod venire fac coram c. duodecem liberos legales homines
de vicineto de A. Quorum quilibet habeat viginti libras terrae tenementorum vel reddit per annum ad minus per quos c. qui nec c. And the residue of the said Writ shall be after the ancient manner And that those Writs which shall be awarded and directed for Returning of Iuries within the Dominion of Wales shall be made in the same manner altering onely the word Viginti into Octo. And that upon every such Writ and Writs of Venire facias Wales the Sheriff Coroner or other ministers of each respective County in England and Wales Penalty upon the Sheriff c. unto whom the making of the Pannel shall appertain shall not return in any such Pannel any person unless he shall then have Twenty pounds or Eight pounds respectively by the year at least as aforesaid in the same County where the Issue is to be tryed upon pain to forfeit for every person being returned in any such Pannel that shall not then have Twenty pounds or Eight pounds respectively as is aforesaid the sum of Five pounds to His Majesty His Heirs and Successors And for the better enabling the Sheriff of every County to know the value of the Estates of such persons as are by the true intent and meaning of this Act to be returned for Iury-men Be it further Enacted How the Sheriff shall find out persons fit to be returned for Iury-men That every Sheriff shall on the first day of every General Quarter-Sessions yearly held next after the Feast of Easter deliver or cause to be delivered unto the Iustices of Peace sitting at the same Sessions the names of all persons of such Estates as are by the true meaning of this Act to be returned for Iury-men to the end the Estates of such persons may be enquired after and such persons approved of by the said Iustices of Peace or the greater number of them then present to be persons of such Estates to be returnable for Iury-men for the year then next ensuing And the said Iustices shall have power to add such persons having Estates of the respective values before mentioned as they shall find to be omitted by the Sheriff amongst the names by him delivered and such competent number and no more of such persons as aforesaid shall be returnable to serve of Iuries for the year next ensuing as the said Iustices or the greater number of them as aforesaid shall think fit And that no Sheriff shall incur the penalty aforesaid for returning any of the persons so approved or added by the Iustices in case his Estate fall out to be of less value then aforesaid And it is further Enacted That no Sheriff or Bailiff of any Liberty or Franchise What time summons ought to be before appearance or any of their or either of their Ministers shall return any such person or persons as aforesaid to have been summoned by them or any of them unless such person or persons shall have been duly summoned by the space of six days at the least before the day on which they ought to make their appearance And have left with or for such persons in writing the names of all the parties in those Causes wherein they are to serve as Iurors Nothing may be taken to excuse appearance The Penalty nor shall directly or indirectly take any money or other reward to excuse the appearance of any Iuror by them or any of them to be summoned or returned upon pain to forfeit for every such offence the sum of Ten pounds Saving to all Cities and Towns Corporate their ancient Vsage of returning Iurors of such Estate and in such manner as heretofore hath béen used and accustomed And be it further Enacted by the Authority aforesaid That from henceforth upon Writs of Venire facias issued out and returned within the County-Palatine of Lancaster County-Palatine of Lancaster as of the same Assizes wherein the Issues are said to be joyned Writs of Habeas Corpora or Distringas shall be sued out like as is used in all other Counties within this Kingdom returnable at the then next Assizes And the Sheriff thereupon to return such Issues as is or ought to be done by the said Sheriffs of the said other Counties and those Issues to be duly estreated as above is provided And the better to cause and bring Iurors to appear upon Trials at Assizes within the said County-Palatine of Lancaster Be it further Enacted by the Authority aforesaid That the Sheriff of the same County-Palatine of Lancaster for the time being shall from henceforth cause twelve good and lawful men so qualified as before in this Act is appointed out of every of the six Hundreds within the said County-Palatine to be duly summoned or warned ten days at the least before the beginning of every Assizes to be and appear the first day of the then next Assizes and there to attend during the same Assizes to perform their duty and service to the Court as Iurors or Iurymen in such Causes betwéen party and party wherein they shall be respectively returned and impannelled upon pain that every of them that shall make default to appear and attend at and during the said Assizes to forfeit Ten pounds to the use and behoof of the Poor of the Town where such person or persons so making default doth inhabit and live the same to be levied recovered and had in such manner and ways as other Issues of Iurors use to be levied Provided That this Act shall continue and stand in force for the space of Thrée years The continuance of this Act. and from thence to the end of the next Session of Parliament and no longer CAP. IV. An Additional Act for the better Ordering and Collecting the Duty of EXCISE FOr the better Ordering and Collecting the Duty of Excise Be it Enacted and Declared by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by the Authority of the same That from and after the eighth day of November Powers given to Farmers of Excise which shall be in the year of our Lord One thousand six hundred sixty and five all Farmers of Excise or any of them within the several Circuits and Divisions of their respective Farms shall and are enabled hereby to exercise and put in Execution all such Powers and Authorities which the Commissioners or Sub-Commissioners of Excise are enabled to do and execute by the several Acts and Statutes of Excise for the levying raising receiving and managing of the said Revenue of Excise 12 Car. 2. cap. 24. 15 Car. 2. cap. 11. cap. 12 Except the Iudicial part of hearing and determining all breaches and offences against the Laws of Excise and of imposing mitigating or compounding of Fines or Penalties CAP. V. Delays in extending Statutes Judgments and Recognizances prevented Security by Statute
and for ever hereafter superseded surceased stayed and discharged And that none of the said Admirals Vice-Admirals Captains or Officers of Ships or Vessels Seamen or Mariners shall from henceforth by vertue force or colour of any Process or procéedings whatsoever in any of His Majesties said Courts or elsewhere be in any wise Arrested disquieted questioned or troubled either in their Persons Lands or Goods for or by reason of the said Act or any thing therein contained But that all and every the said Admirals Vice-Admirals Captains and Officers of Ships or Vessels and all Seamen and Mariners and every of them shall by vertue of this Act stand and be for ever discharged and acquitted in all Courts and Places and of and from all Suits and Proceedings whatsoever sued or begun or to be sued or begun against them or any of them for any manner of Prizes Ships or Goods whatsoever by them or any of them seised surprized or any ways taken betwixt the said thirtieth of January One thousand six hundred forty two and the nine and twentieth of May One thousand six hundred sixty and of and from all Accompts Troubles Articles and Suits whatsoever concerning the same And that this Act shall be taken and expounded in the most large and beneficial manner for the said Admiralls Vice-Admirals Commanders Captains and Officers of Ships and Vessels and Seamen and Mariners and every of them and for their best advantage for the final free and absolute acquitting and discharging of them and every of them of and from all the said Prizes and every part thereof and all Ships and Vessels and Goods whatsoever or of what nature or kind soever by them or any of them seized surprised or in any sort taken betwixt the said thirtieth of January One thousand six hundred forty two and the said nine and twentieth of May One thousand six hundred sixty Provided always And be it Enacted That this Act or any thing therein contained The said Act not repealed as to any Collectors Treasurers c. of such Prize-goods shall not extend or be construed to extend to discharge any other persons whatsoever but onely the said Admirals Vice-Admirals Commanders Captains of Ships and Officers of Ships or Vessels and Seamen and Mariners but that all and every Collectors and Treasurers Sub-Collectors and Vnder-Treasurers of Prize-Goods Commissioners and Sub-Commissioners of Prize-Goods and all and every their Casheers Deputies Officers and Receivers other then such person or persons who are discharged by the Act of Frée and General-Pardon Indempnity and Oblivion that have not yet truly accompted or paid in the Provenues of the Prizes or Moneys arising thereout seized or taken betwixt the said thirtieth of January One thousand six hundred forty two and the said nine and twentieth of May One thousand six hundred sixty and all and every other person and persons by whom or to whom or to or for whose use any Prizes or Prize-Ships Plate Iewels Arms Ammunition Wares Merchandizes or any manner of Goods whatsoever seized or taken for Prize betwixt the said thirtieth of January One thousand six hundred forty two and the said nine and twentieth of May One thousand six hundred sixty were disposed or sold or to whose hands they came and who had and enjoyed the same or any part thereof and are still behind and have not paid in the moneys contracted for and arising or due upon such Sales or Dispositions or any of them and all securities by them and every of them given for or touching the premisses or any thing concerning the said Prizes or any of them shall be chargeable to Your Majesty for the said premisses and all the dependencies thereof respectively in the said Court of Admiralty or Exchequer and shall be procéeded upon in the said Court of Admiralty or Exchequer in Your Majesties Name and to and for Your Majesties use according to the said Act directing the prosecution of such as are accomptable for Prize-Goods and as fully and entirely as if this Act had never béen Any thing in this present Act notwithstanding CAP. VII A former Act for Regulating Printing continued BE it Enacted by the Kings most Excellent Majesty by and with the Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled That an Act made in the fourteenth year of the Reign of Our Soveraign Lord the King that now is Entituled An Act for preventing abuses in Printing Seditious Treasonable and unlicensed Books and Pamphlets and Regulating of Printing and Printing-Presses shall be continued and remain in force untill the end of the next Session of Parliament continued 17 Car. 2. cap. 4. CAP. VIII Arrests of Judgment and superseding Executions prevented WHereas great delay trouble and vexation hath béen and still is occasioned to the people of this Realm as well by arresting and reversing of Iudgments as by staying Executions by Writs of Error and Supersedeas For remedy thereof Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same That if any Verdict of Twelve men shall be given in any Action In what court and cases Iudgment after verdict shall not be stayed for default of form in pleading Suit Bill or Demand to be commenced from and after the Five and twentieth day of March which shall be in the year of our Lord One thousand six hundred sixty and five in any of His Majesties Courts of Record at Westminster or in the Courts of Record in the Counties-Palatine of Chester Lancaster or Durham or in His Majesties Courts of the Great Sessions in any of the twelve Shires of Wales Iudgement thereupon shall not be stayed or reversed for default in form or lack of form or by reason that there are not Pledges or but one Pledge to prosecute returned upon the Original Writ or because the Name of the Sheriff is not returned upon such Original Writ or for default of entring Pledges upon any Bill or Declaration or for default of alledging the bringing into Court of any Bond Bill Indenture or other Déed whatsoever mentioned in the Declaration or other Pleading or for default of Allegation of the bringing into Court of Letters Testamentary or Letters of Administration or by reason of the omission of Vi armis or Contra pacem or for or by reason of the mistaking of the Christian Name or Sirname of the Plaintiff or Defendant Demandant or Tenant sum or sums of Money Day Moneth or Year by the Clerk in any Bill Declaration or Pleading where the right Name Sirname Sum Day Moneth or Year in any Writ Plaint Roll or Record preceding or in the same Roll or Record where the Mistake is committed is or are once truly and rightly alledged whereunto the Plaintiff might have demurred and shewn the same for Cause nor for want of the Averment of Hoc
paratus est verificare or Hoc paratus est verificare per Recordum or for not alledging Prout patet per Recordum or for that there is no right Venue so as the Cause were tried by a Iury of the proper County or Place where the Action is laid Nor any Iudgment after Verdict Confession by Cognovit Actionem or Relicta verificatione shall be reversed for want of Misericordia or Capiatur or by reason that a Capiatur is entred for a Misericordia or a Misericordia is entred where a Capiatur ought to have been entred Nor for that Ideo concessum est per Curiam is entred for Ideo consideratum est per Curiam nor for that the Increase of Costs after a Verdict in an Action or upon a Nonsuit in Replevin are not entred to be at the request of the party for whom the Iudgement is given nor by reason that the Costs in any Iudgment whatsoever are not entred to be by consent of the Palintiff but that all such Omissions Variances Defects and all other matters of like nature not being against the right of the matter of the suit nor whereby the Issue or Trial are altered shall be amended by the Iustices or other Iudges of the Courts where such Iudgements are or shall be given or whereunto the Record is or shall be removed by Writ of Error Proviso for Appeals Indictments Actions upon penal Laws other then for Customs and Subsidies Provided alwayes and be it further Enacted by the Authority aforesaid That this Act or any thing therein contained shall not extend to any Writ Declaration or suit of Appeal of Felony or Murder nor to any Indictment or Presentment of Felony Murder Treason or other matter nor to any Processe upon any of them nor to any Writ Bill Action or Information upon any penal Statute other then concerning Customes and Subsidies of Tunnage and Poundage Any thing in this Act contained to the contrary thereof in any wise notwithstanding And be it further Enacted by the Authority aforesaid That from and after the Twentieth day of March III. In what cases execution shall not be stayed by Writ of Error but upon Recognizance entred according to ◠Jac. cap. 8. in the Year of our Lord One thousand six hundred sixty and four no Execution shall be stayed in any of the aforesaid Courts by Writ of Error or Supersedeas thereupon after Verdict and Iudgment thereupon in any Action personal whatsoever unless a Recognizance with Condition according to the Statute made in the Third year of the Reign of our late Soveraign Lord King James shall be first acknowledged in the Court where such Iudgement shall be given And further That in Writs of Error to be brought upon any Iudgement after Verdict in any Writ of Dower or in any Action of Ejection◠Firmae no execution shall be thereupon or thereby stayed unless the Plaintiff or Plaintiffs in such Writ of Error shall be bound unto the Plaintiff in such Writ of Dower or Action of Ejectione firmae in such reasonable sum as the Court to which such Writ of Error shall be directed shall think fit with Condition that if the Iudgment shall be affirmed in the said Writ of Error or that the said Writ of Error be discontinued in default of the Plaintiff or Plaintiffs therein or that the said Plaintiff or Plaintiffs be nonsuit in such Writs of Error that then the said Plaintiff or Plaintiffs shall pay such Costs Damages and sum and sums of Money as shall be awarded upon or after such Iudgment affirmed Discontinuance or Nonsuit had And to the end that the same sum and sums and damages may be ascertained Proviso touching judgment in Dower and Ejectione firmae It is further Enacted That the Court wherein such Execution ought to be granted upon such Affirmation Discontinuance or Nonsuit shall issue a Writ to enquire as well of the mean profits as of the damages by any Waste committed after the first Iudgment in Dower or in Ejectione firmae And upon the Return thereof Iudgment shall be given and Execution awarded for such Mesne-profits and damages and also for Costs of Suit Provided That this Act nor any thing therein contained shall not extend to any Writ of Error to be brought by any Executor or Administrator nor unto any Action popular To what actions this Act shall not extend nor unto any other Action which is or hereafter shall be brought upon any Penal Law or Statute except Actions of Debt for not setting forth of Tythes nor to any Indictment Presentment Inquisition Information or Appeal Any thing herein before expressed to the contrary thereof in any wise notwithstanding Provided always That this Act shall continue in force for three years The continuance of this Act. and to the end of the next Session of Parliament after the expiration of the said thrée years and no longer CAP. IX The Chancellour of the Dutchy impowred to grant Commissions for taking Affidavits within the Dutchy-Liberties FOr the greater ease and benefit of the Inhabitants within the County Palatine of Lancaster and other places within several other Counties of this Kingdom within the Survey of the Court of Dutchy-Chamber at VVestminster in the taking of Affidavits in the County to be made use of and read in Causes depending and to be depending within the said Court Be it Enacted by the Kings most Excellent Maiesty by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same That the Chancellor of the said Dutchy and County Palatine of Lancaster for the time being shall and may by one or more Commission or Commissions from time to time as need shall require impower what and as many persons as he shall think fit and necessary within the said County Palatine and other Dutchy Liberties to take and receive all and every such Affidavit or Affidavit's as any person or persons shall be willing and desirous to make before any of the persons so impowred in or concerning any cause matter or thing depending or hereafter to be depending in the said Court of Dutchy-Chamber as Masters of Chancery in Extraordinary do use to do which said Affidavits shall be filed in the Office of the Clerk of the Court of the Dutchy and then be read and made use of in the said Court to all intents and purposes as other Affidavits taken in the said Court now are Provided That for the taking of every such Affidavit the person or persons so impowred and taking the same shall for so doing receive only the Sum or Fée of Twelve pence and no more CAP. X. An Act for Repairing the High-ways within the County of Hertford continued WHereas by a late Act of Parliament Intituled An Act for repairing the High-ways within the Counties of Hertford Cambridg and Huntington It was Enacted 15 Car. 2. c. 1. That for the Repairing of
present Act That it shall and may be lawful to and for Watermen Boatmen Bargemen and other helpers of them in convenient places to have and use Winches Ropes and other Engines and with the same by strength of Men Horses or other Beasts or any of them going upon the Land or Banks near the said River or passages in convenient manner without the hindrance trouble or impeachment of any person or persons to Draw or Hale up the Barges Boats Lighters or other Vessels Provided always That neither the said Vndertakers nor Commissioners do make or cause to be made any landing Place Wharf or Key within the City of New-Sarum New-Sarum or the bounds or liberties thereof or within one mile of the same from Harnam-Bridge down the stream towards Christ-Church without the consent of the Lord Bishop of Sarum the Mayor and Recorder of the said City for the time being and the thrée antientest Aldermen of the said City or thrée of them first had and obtained And be it further Enacted by the Authority aforesaid That the said Haven River Channels The River Havens c. to be under the Survey of the Vndertakers and Commissioners Trenches and all Wears Wharfs Sasâ—es Locks Turnpikes Penns for water and all other things whatsoever made and erected in order to making the said Haven and making Navigable the said River and Channel as aforesaid shall from henceforth be in the sole Rule Order and Survey of the said Vndertakers and Commissioners as aforesaid and not under the Survey or Order of any Commissioners of Sewers nor subject to a Commission of Sewers or any Laws or Statutes made for Sewers Any Law or Statute to the contrary hereof in any wise notwithstanding And be it further Enacted by the Authority aforesaid That if any Action Bill Persons sued for acting upon this Act may plead the general Issue Plaint or Suit be brought in any of His Majesties Courts at VVestminster or elsewhere against any person or persons for or concerning any matter or thing by him them or any of them done advised or commanded to be done by vertue of this Act That it shall and may be lawful for every such person and persons and for all that act in their aid and assistance or by their commandment to plead the General Issue that he or they are not Guilty And to give this Act or any clause matter or thing herein contained in Evidence to the Iury that shall try the same for their justification without special Pleading of the same and shall thereupon take advantage of this Act as fully to all intents and purposes as if the same had been by them fully and well pleaded Provided also and be it Enacted by the Authority aforesaid That Philip Earl of Pembroke and Montgomery shall and may have power authority and liberty if he shall see cause and find it to be necessary and convenient to the publick good to enlarge and make Navigable the River of VViley from Harnam-Bridge aforesaid so far as VVilton in the County of VVilts Wiley River and in order thereunto to put in execution the several Powers of this Act in relation to the said River of VViley in the same and as ample manner as the said River of Avon may be made Navigable by this Act and under the same Provisoes Restrictions and Limitations Anno XVII Caroli II Regis CAP. I. Twelve hundred and fifty thousand pounds granted to the Kings Majesty for his present further Supply VVE Your Majesties most Dutiful and Loyal Subjects the Commons Assembled in Parliament having observed the Ways and Means by which Your Majesty hath béen enforced to Engage Your self in a War against the States of the United Provinces for the necessary Defence of Your own Crown and Dignity and the Safety and welfare of Your People Do with all humble Thankfulness acknowledge Your Majesties Care and Conduct in this Great Affair which as it hath béen already attended with very considerable Success so we shall daily pray that all Your Majesties Enterprises may still be crowned with Honour and Victory And although the continuing Insolence of Your Majesties Enemies and the doubtful Amity of some of Your Majesties Neighbours have made it necessary to provide for further and greater Expences in a time when the general Contagion hath much interrupted our Trade and Commerce Yet that Your Majesty may sée that we your Majesties Loyal Subjects do more consider our Zeal and Duty to your Majesty then any difficulties under which we labour We have chearfully and unanimously given and granted and by these presents do give and grant unto Your most Excellent Majesty the sum of Twelve hundred and fifty thousand pounds to be Raised and Levied in manner following And we do most humbly beséech Your Majesty That it may be Enacted And be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and of the Commons in this present Parliament Assembled and by Authority of the same That the sum of Twelve hundred and fifty thousand pounds shall be Raised Levied 1250000 l. granted to his Majesty and paid unto your Majesty within the space of Two years in manner following That is to say Whereas in and by a certain Act of Parliament lately passed Entituled An Act for granting a Royal Aid unto the Kings Majesty of Twenty four hundred threescore and seventeen thousand and five hundred pounds 16 17 Car 2. cap. 1. to be Raised Levied and paid in the space of Three years It was amongst other things Enacted That the sum of Thréescore and eight thousand eight hundred and ninetéen pounds and nine shillings by the month for Thirty six months beginning from the Five and twentieth day of December 1664. should be Assessed Taxed Collected Levied and paid by Twelve Quarterly payments in the several Counties Cities Burroughs Towns and places within England and VVales and the Town of Berwick upon Tweed according to the several Rates and Proportions and in such manner as in the said Act is expressed One years payment whereof that is to say Four Quarterly Payments will be fully expired upon the Five and twentieth day of December in the year of our Lord 1665. And Two years payment more will be then to come and unexpired It is now further Enacted by the Authority aforesaid 52083 l. 6 s. 8 â— per mensem That the sum of Fifty two thousand fourscore and thrée pounds six shillings and eight pence by the moneth for Twenty four moneths beginning from the Five and twentieth day of December One thousand six hundred sixty five shall be Assessed Taxed Collected Levied and paid by Eight Quarterly payments in the several Counties Cities Burroughs Towns and places within England and VVales and the Town of Berwick upon Tweed over and above the sum of Thréescore and eight thousand eight hundred and ninetéen pounds and nine shillings by the moneth which is to
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
in force until the end of Seven years from the expiration or determination of the fore-mentioned Act. And be it further Enacted by the Authority aforesaid That the benefit of Clergy shall be taken away from great known and notorious Thieves and Spoil-takers in the said Counties of Northumberland Cumberland or either of them during the continuance of this present Act Clergy taken away from notorious Theives in Northumberland Cumberland who shall be duly Convicted for Theft done or committed within the said Counties or either of them Or otherwise That it shall and may be lawful to and for the Iustices of the Assize and Commissioners of Oyer and Terminer or Gaol-delivery before whom such Offenders shall be Convicted within the said Counties or either of them to Transport or cause to be Transported the said Offenders and every of them into any of His Majesties Dominions in America there to remain and not to return Any former Law Statute or Vsage to the contrary in any wise notwithstanding CAP. IV. For Burying in Woollen onely FOr the Encouragement of the Woollen Manufactures of this Kingdom and prevention of the Exportation of the Moneys thereof for the Buying and Importing of Linnen Woollen Manufactures encouraged Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled and by the Authority thereof That from and after the Five and twentieth day of March in the year of our Lord One thousand six hundred sixty seven No person or persons whatsoever shall be buried in any Shirt None shall be buried but in Woollen Shift or Shéet made of or mingled with Flax Hemp Silk Hair Gold or Silver or other then what shall be made of Wooll onely or be put into any Coffin lined or faced with any thing made of or mingled with Flax Hemp Silk or Hair upon pain of the forfeiture of the sum of Five pounds Penalty to be imployed to the use of the poor of the Parish where such person shall be buried for and towards the providing a Stock or Work-house for the setting them at work to be levied by the Churchwardens and Overséers of the Poor of such Parish or one of them by Warrant from any Iustice of the Peace or Mayor Alderman or Head-officer of such City Town or place Corporate respectively within their several Limits by Distress and Sale of the Goods of the party Interred contrary to this Act rendring the overplus or in default thereof by Distress and Sale of the Goods of any that had a hand in the putting such person into such Shift Shirt Shéet or Coffin contrary to this Act or did order or dispose the doing thereof to be levied and imployed as abovesaid Proviso for persons dying of the Plague Provided That no penalty appointed by this Act shall be incurred for or by the reason of any person that shall die of the Plague though such person be buried in Linnen CAP. V. For Encouraging for Coynage WHereas it is obvious That the plenty of Current Coyns of Gold and Silver of this Kingdom is of great advantage to Trade and Commerce For the Increase whereof Your Majesty in Your Princely Wisdom and Care hath béen graciously pleased to bear out of Your Revenue half the Charge of the Coynage of Silver-money For the preventing of which Charge to Your Majesty Encouragement for bringing Gold and Silver into the Realm and the Encouragement of the bringing of Gold and Silver into the Realm to be converted into the Current Money of this Your Majesties Kingdom We Your Majesties Dutiful and Loyal Subjects do Give and Grant unto Your Majesty the Rates Duties or Impositions following And do beséech Your Majesty that it may be Enacted And be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same That whatsoever person or persons Native or Foreigner Alien or Stranger Silver or Gold brought in to be Coyned shall from and after the Twentieth day of December One thousand six hundred sixty and six bring any Foreign Coyn Plate or Bullion of Gold or Silver in Mass Molten or Allayed or any sort of Manufacture of Gold or Silver into His Majesties Mint or Mints within the Kingdom of England to be there Melted down and Coyned into the current Coyns of this Kingdom shall have the same there Assayed Melted down and Coyned with all convenient spéed without any Defalcation Diminution or Charge for the Assaying Coynage or Wast in Coynage So as that for every pound Troy of Crown or Standard-Gold that shall be brought in and delivered by him or them to be Assayed Melted down and Coyned as aforesaid there shall be delivered out to him or them respectively a pound Troy of the current Coyns of this Kingdom of Crown or Standard-Gold And for every pound Troy of Sterling or Standard-Silver that shall be brought in and delivered by him or them to be Assayed Melted down and Coyned as aforesaid there shall be delivered out to him or them respectively a pound Troy of the current Coyns of this Kingdom of Sterling or Standard-Silver and so proportionably for a greater or lesser weight And for every pound Troy of Gold or Silver that shall be brought in and delivered to be Assayed Melted down and Coyned as aforesaid that shall be finer upon Assay then Crown-Gold or Standard-Silver there shall be delivered for the same so much more then a pound Troy as the same doth in proportion amount unto in â—â—neness and value And for every pound Troy of Gold or Silver that shall be brought in and delivered to be Assayed Melted down and Coyned as aforesaid that shall be courser or baser upon Assay or worse in value then Crown-Gold or Standard-Silver there shall be delivered for the same so much less then a pound Troy as the same doth fall short in fineness or value and so for a greater or lesser quantity And it is hereby further Enacted by the Authority aforesaid That there shall be no preference in point of Assaying or Coynage There shall be no under preference but money Coyned shall be delivered out in order but that all Gold and Silver brought in and delivered into the Mint to be Assayed and Coyned shall be Assayed Coyned and delivered out to the respective Importers according to the order and times of bringing in and delivering the same into the Mint or Mints and not otherwise So as he that shall first bring in and deliver any Gold or Silver to be Coyned shall be taken and accounted the first person to have the same Assayed Coyned and Delivered And he or they that shall bring in and deliver any Gold or Siver next to be accounted the second person to have the same Assayed Coyned and Delivered and so successively
in course And that the Gold and Silver brought in and Coyned as aforesaid shall be in the same order delivered to the respective bringers in thereof their Executors Administrators or Assigns successively without preference of one before the other and not otherwise And if any undue preference be made in Entring of any Gold or Silver or delivering out of any money Coyned contrary to the true intent and meaning of this Act by any Officer or Officers of the Mint or Mints Penalty then the party or parties offending shall be liable by Action of Debt or in the Case to pay the value of the Gold or Silver brought in and not Entred and Delivered according to the true intent and meaning and direction of this Act as aforesaid with Damages and Costs to the party or parties grieved and shall be fore-judged from his or their Place or Office And if such preference be unduly made by any of his or their Deputy or Deputies Clerk or Clerks without direction or privity of his or their Master or Masters then such Deputy or Deputies Clerk or Clerks onely shall be liable to such Action Damage and Costs as aforesaid and be for ever after uncapable of serving or bearing Office in any Mint in the Kingdom of England Provided always That it shall not be interpreted any undue preference to incur any penalty in point of Delivery of moneys Coyned if the Officer or Officers What shall not be an undue preference or their Deputies or Clerks shall deliver out or pay any moneys Coyned to any person or persons that do come and demand the same upon subsequent Entries before others that did not come to demand their moneys in their order and course so as there be so much money reserved as will satisfie them which shall not be otherwise disposed of but kept for them And for the more orderly and clear performance thereof Be it Enacted And it is hereby Enacted by the Authority aforesaid That the Master-worker of His Majesties Mint or Mints for the time being shall at the time of the Delivery and Entry of any Gold or Silver in the said Mint or Mints give unto the bringer or bringers in thereof to be Coyned a Bill under his hand denoting the Weight Fineness and Value thereof together with the Day and Order of its Delivery into the said Mint or Mints And for the further Encouragement and Assurance of such as shall bring any Gold or Silver into his Majesties said Mint or Mints to be Coyned Be it Enacted There shall be no seisure or forfeiture c. of any Gold or Silver brought in to be coyned And it is hereby Enacted by the Authority aforesaid That no Confiscation Forfeiture Seizure Attachment Stop or Restraint whatsoever shall be made in the said Mint or Mints of any Gold or Silver brought in to be Coyned for or by reason of any Imbargo breach of the Peace Letters of Mart or Reprisal or War with any Foreign Nation or upon any other accompt or pretence whatsoever But that all Gold and Silver brought into any of his Majesties Mint or Mints within the Kingdom of England to be Coyned shall truly and with all convenient spéed be Coyned and delivered out to the respective bringer or bringers in thereof their Executors Administrators or Assigns according to the Rules and Directions of this Act. And whereas it cannot be reasonably expected that the Expence Waste and Charge in Assaying Melting down and Coynage be born by Your Majesty And for the further encouragement of Coynage Be it Enacted And it is hereby Enacted by the Authority aforesaid An Imposition set upon Wines Vinegar Sider or Beer Imported That for every Tun of Wines Vineger Sider or Béer that shall be Imported or brought into the Port of London or into any other Port Créek or place within the Kingdom of England Dominion of Wales or Town of Berwick upon Tweed from any parts beyond the Seas or Scotland from and after the Twentieth day of December in the year of our Lord One thousand six hundred sixty and six there shall be Levied Collected and paid the sum of Ten shillings And for every Tun of Brandy-wines or Strong-waters that shall be imported as abovesaid the sum of Twenty shillings Brandy-wine Strong-water and so proportionably for a greater or lesser quantity to be Levied Collected and paid at the respective Custom-Houses to the Collectors and other Officers of the Customs for the time being at the Importation of the said Commodities over and above all other Duties charged leviable and payable upon the said Commodities and to be by them distinguished and kept apart from all other moneys by them Collected and Levied upon the same Commodities or upon any other Commodities or Merchandizes whatsoever and to be by the said Collector or Collectors respectively so answered and paid Quarterly into the Receipt of the Exchequer of Your Majesty Your Heirs and Successors there also to be kept distinct and apart from all other moneys arising by the Customs or by any other way or Revenue whatsoever which said Duty they are hereby injoyned to receive and pay according to the several Directions of this Act without any Salary or Fée And be it further Enacted and Declared by the Authority aforesaid That all manner of Wines Vinegar Sider Béer Brandy-wines and Strong-waters Imported as aforesaid shall pay their several and respective Duties imposed by this Act And upon non-payment thereof shall be liable to such and the same pains penalties and forfeitures as in and by the late Acts for Tunnage and Poundage and for Frauds are Enacted and appointed upon non-payment of the Duties by the said Acts imposed upon Goods and Merchandises of the same nature with those mentioned in this Act. Provided always and it is hereby Enacted That for what of the aforesaid Commodities shall be Transported into any parts beyond the Seas within the term and space of one year after the Importation thereof That the Duty paid by this Act for the same shall be repaid by the respective Collectors of the Customs for the time being And it is hereby further Enacted That no moneys leviable and payable by this Act shall be applied or converted to any use or uses whatsoever Moneys leviable upon this Act shall be imployed onely to the use of the Mint other then to the defraying the charge or expence of the Mint or Mints and of the Assaying Melting down Waste and Coynage of Gold and Silver and the encouragement of the bringing in of Gold and Silver into the said Mint or Mints there to be Coyned into the current Coyns of this Kingdom Nor shall any of the said Moneys be issued out of the Exchequer but by Order or Warrant of the Lord Treasurer and Vnder-Treasurer or Commissioners of the Treasury for the time being to the Master and Worker or Masters and Workers of Your Majesties Mint or Mints for the time being and mentioning That they
are for the use and service aforesaid to be kept in His Majesties Office of Receipt in the said Mint or Mints under the usual Keys of the Warden Master and Worker and Comptroller for the time being and issued out thence from time to time according to the manner and course of the said Mint or Mints respectively And it is hereby further Enacted That there shall not be issued out of the Exchequer of the said moneys in any one year for the Fées and Salaries of the Officers of the Mint or Mints and towards the providing maintaining and repairing of the Houses Offices and Buildings and other necessaries for Assaying Melting down and Coyning above the sum of Thrée thousand pounds Sterling money And the overplus of the said moneys so kept or to be kept as aforesaid shall be imployed for and towards the expence waste and charge of assaying melting down and Coynage and buying in of Gold and Silver to Coyn The continuance of this Act. and not otherwise And lastly Be it Enacted And it is hereby Enacted by the Authority aforesaid That this Act shall continue and be in force until the Twentieth day of December which shall be in the year of our Lord One thousand six hundred seventy one and until the end of the first Session of Parliament then next following Proviso and no longer Provided always and be it further Enacted That where His Majesty in and by his Letters Patents under his Great Seal dated at Westminster the Twentieth day of August in the Twelfth year of his Reign Dame Barbara Villiers did for divers good causes and considerations Him moving give and grant to Dame Barbara Villiers Widow the sum of Two pence by tale out of every pound weight Troy of Silver moneys which from thenceforth should be Coyned by vertue of any Warrant or Indenture made and to be made by His Majesty his Heirs and Successors To have hold receive perceive and take the same unto the said Dame Barbara Villiers her Executors Administrators and Assigns from the Ninth day of the then instant August wéekly as the said moneys should be Coyned for and during the term of One and twenty years as by the same doth appear That His Majesty may out of the moneys leviable by this Act appoint and cause reasonable satisfaction to be made yearly to the said Dame Barbara Villiers her Executors and Administrators for her Interest in the Premisses not excéeding the sum of Six hundred pounds in any one year Anno Regni CAROLI II. Regis Angliae Scotiae Franciae Hiberniae Decimo Nono AT the Parliament begun at Westminster the Eighth day of May Anno Dom. 1661. In the Thirteenth Year of the Reign of our most Gracious Soveraign Lord CHARLES by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. And there continued by several Prorogations to the 18th day of September 1666. And then continued to the 8th of February following And thence Prorogued to the 10th of October 1667. were Enacted as followeth CAP. I. An Act Explanatory of the Act for Raising Moneys by a Poll and otherwise towards the Maintenance of this present War 18 Car. 2. cap. 1. WHereas by an Act of this present Session of Parliament Intituled An Act for Raising Moneys by a Poll and otherwise towards the Maintenance of this present War It is Enacted That all and every person and persons shall pay unto His Majesty the sum of Twelve pence over and above the other Rates charged upon them by the said Act To prevent all doubts that may arise in the execution thereof Be it Enacted and Declared by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled and by the Authority of the same That the said sum of Twelve pence shall be charged upon and be paid by every person of what age sex or condition soever within the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed other then such persons who receive Alms from the Parish and the Children of any person remaining in his or her family who by reason of their poverty doth not contribute unto the Rates for Church and Poor and which are under the age of sixtéen years and are therefore exempted by the said Act. And be it further Enacted That the respective Parents Guardians and Tutors of every person under the age of One and twenty years shall upon default of payment by such person and upon demand pay Twelve pence for every such person residing in their family or under their Tuition and not exempted as aforesaid And be it Enacted That every person and persons charged or appointed to make any payment by vertue of this present Act shall be compellable by the Commissioners appointed by the before recited Act or any two or more of them to pay the same according unto the Rules and Methods and under the Penalties for paying the Rates expressed in the said recited Act. And be it further Enacted and Declared That every person or persons charged by the said recited Act for his or their Profession Office or in respect of any other capacity chargeable by this or the aforesaid Act who shall find him or themselves overcharged shall and may upon his or their Appeal before the Commissioners in the said Act mentioned or any two or more of them upon his or their several Oaths discharge him or themselves in such manner and form as persons over-rated for their personal Estates are by the said Act enabled And be it Enacted That all persons not being Housholders nor having a certain place of abode and all Servants shall be taxed at the places where they shall be resident at the time of the execution of the said Act and not otherwhere CAP. II. A Judicature erected for Determination of Differences touching Houses Burned or Demolished by reason of the late Fire which happened in London WHereas the greatest part of the Houses in the City of London and some in the Suburbs thereof have béen burnt by the dreadful and dismal Fire which happened in September last Many of the Tenants Vnder-tenants or late Occupiers whereof are liable unto Suits and Actions to compel them to repair and rebuild the same and to pay their Rents as if the same had not béen burned and are not relieveable therein in any ordinary course of Law and great Differences are like to arise concerning the said Repairs and new Building of the said Houses and payment of Rents which if they should not be determined with all spéed and without charge would much obstruct the rebuilding of the said City And for that it is just that every one concerned should bear a proportionable share of the loss according to their several Interests wherein in respect of the multitude of cases varying in their circumstances no certain general rule can be prescribed Be it
shall or may repair to view the same and thereout to take Copies of all such Iudgements and Determinations as shall relate to him her and them And that none of the said Iustices and Barons shall take any Fée or Reward whatsoever directly or indirectly for any thing to be done by them by vertue or colour of this present Act. Officers And be it Enacted by the Authority aforesaid That for a reward of the Officers to be imployed herein A Table of Fees the said Iustices and Barons or any thrée or more of them as aforesaid are hereby enabled to order and direct a Table of such reasonable Fées to be made as may carry on and effect the purport and intent of this Act. This Act to continue till the last day of December which shall be in the year of our Lord One thousand six hundred sixty and eight The continuance of this Act. and no longer Proviso touching the renewing and reversing Orders or Decrees Provided always and be it Enacted by the Authority aforesaid That where any such Order or Decrée as aforesaid shall be made by a lesser number of Iustices and Barons then Seven it shall be lawful for any person agrieved by such Order or Decrée to present his Exceptions to the same in writing within seven days next after such Order or Decrée made to the Chief Iustices and Chief Baron for the time being or any two of them who shall forthwith communicate the same to the rest of the said Iustices and Barons who are hereby required to hear the Parties and examine and consider the said Exceptions And if any Seven or more of them shall subscribe thereunto that they find probable cause of complaint Then it shall and may be lawful to and for any Seven or more of the said Iustices Barons within Twenty days next following such Exceptions delivered to review the said former Order or Decrée And thereupon to reverse Confirm Enlarge Diminish or otherwise alter any such Order or Decrée as in their wisdoms they shall think fit Any thing herein contained notwithstanding CAP. III. For Rebuilding the City of London FOrasmuch as the City of London being the Imperial Seat of His Majesties Kingdoms and renowned for Trade and Commerce throughout the World by reason of a most dreadful Fire lately happening therein was for the most part thereof burnt down and destroyed within the compass of a few days and now lies buried in its own Ruines For the spéedy Restauration whereof and for the better Regulation Vniformity and Gracefulness of such new Buildings as shall be erected for Habitations in order thereunto And to the end that great and outragious Fires through the blessing of Almighty God so far forth as humane Providence with submission to the Divine pleasure can foresée may be reasonably prevented or obviated for the time to come both by the matter and form of such Building And further to the intent that all Incouragement and Expedition may be given unto and all Impediments and Obstructions that may retard or protract the undertaking or carrying on a work so necessary and of so great Honour and Importance to His Majesty and this Kingdom and to the rest of His Majesties Kingdoms and Dominions may be removed Be it therefore Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same That the Rules and Directions hereafter in this Act prescribed be duely observed by all persons therein concerned And first That no Building or House for Habitation whatsoever Rules and directions to be observed in building be hereafter Erected within the limits of the said City and Liberties thereof but such as shall be pursuant to such Rules and Orders of Building and with such materials as are herein after particularly appointed and according to such Scantlings as are set down and prescribed in a Table in this present Act hereafter specified And if any person or persons shall presume to Build contrary thereunto and be convicted of the same by the Oaths of two or more credible witnesses to be taken before the Lord Mayor for the time being or any two or more of the Iustices of the Peace for the said City Penalty who are hereby impowred to administer the same Oaths that then and in such case the said House so irregularly built as aforesaid shall be déemed as a common Nusance and the Builder and Levier thereof shall enter into a Recognizance in such sum as the said Mayor and Iustices respectively in their Discretions shall appoint for abatement and demolishing the same in convenient time or otherwise to amend the same according to such Rules and Orders as aforesaid and in default of entring into such Recognizance the Offender shall be committed to the common Gaol of the said City there to remain without Bail or Mainprize till he shall have abated or demolished or otherwise amended the same or else such irregular House shall or may be demolished or abated by Order of the Court of Aldermen And that the said irregular Buildings may be the better prevented or more effectually discovered Prevention of irregular buildings Be it further Enacted by the Authority aforesaid That the Lord Mayor Aldermen and Common-Council of the said City shall and may at their will and pleasure elect nominate and appoint one or more discréet and intelligent person or persons in the Art of Building to be the Surveyors or Supervisors to sée the said Rules and Scantlings well and truly observed And that it shall be lawful for the said Mayor Aldermen and Common Council or for the Mayor and Aldermen in their Court of Aldermen to administer to all the said Surveyors or Supervisors an Oath upon the holy Evangelists for the true and impartial execution of their Office in that behalf and to appoint the several Precincts which shall be under their several Surveys And to the end that all Builders may the better know how to provide and fit their materials for their several Buildings Be it Enacted That there shall be onely Four sorts of Buildings There shall be four sorts of buildings only and no more and that all manner of Houses so to be erected shall be of one of those four sorts of Buildings and no other that is to say The First and least sort of Houses fronting By-Lanes the Second sort of Houses fronting Stréets and Lanes of note the Third sort of Houses fronting high and principal Stréets the Fourth and largest sort of Mansion-houses for Citizens or other persons of extraordinary quality not fronting either of the thrée former ways And the Roofs of each of the first three sorts of Houses respectively shall be Vniform And for avoiding any uncertainty to the Builders or others herein Be it further Enacted Powers of the Lord Mayor Aldermen and Common Council to declare Streets
advice and consent of the Lord Archbishop of Canterbury and the Bishop of London for the time being Provided also And be it Enacted by the Authority aforesaid That the Scites and Materials of such Churches as by this Bill are not intended to be Rebuilt Scites and Materials of Churches to be sold and how imployed together with the Church-yards belonging to such Churches shall be and are hereby vested in the Lord Mayor and Aldermen of the City of London for the time being to the end so much of the said Ground as shall not upon the Rebuilding of the said City be laid into the Stréets be sold and disposed of by the said Lord Mayor and Aldermen or the major part of them for the time being with the consent of the Archbishop of Canterbury and Bishop of London for the time being and the Money raised by such Sale shall be by the said Mayor and Aldermen or the major part of them with the consent of the said Archbishop and Bishop disposed of and imployed for and towards the Rebuilding of such Parish-Churches as by this Act are intended to be Rebuilt and for no other use or purpose whatsoever Provided always That any thing in this Act contained St. Pauls St. Faiths St. Gregories Churches shall not extend or be taken to vest or settle the Church of Saint Paul and Saint Faiths or any part thereof or the Church of Saint Gregories by Saint Pauls or any of them or the Church-yards to any of them belonging or appertaining in the Mayor Aldermen and Commons of the City of London or any of them Any thing in this Act notwithstanding And be it Enacted That for the preventing Inundations and for easiness of Ascent the Stréet called Thames-street and all the Ground betwéen the said Stréet and the River of Thames Thames-street shall be raised and made higher by thrée foot at the least above the surface of the ground as now it lieth Provided also And it is hereby further Enacted by the Authority aforesaid That no House Out-house or other Building whatsoever Cranes and Sheds for present use only excepted shall be built or erected within the distance of Forty foot of such part of any Wall Key or Wharf as bounds the River of Thames from Tower-Wharf to London-Bridge and from London-Bridge to the Temple-Stairs Nor any House Out-house or other Building Cranes onely excepted be Built or Erected within the distance of Thréescore and ten Foot of the middle of any part of the Common-Sewers commonly called or known by the names of Bridewell-Dock Fleet-Ditch and Turmil-Brook from the River of Thames to Clarkenwel upon either side of them before the Four and twentieth day of March which shall be in the year of our Lord One thousand six hundred sixty eight And for the further enabling of the said Mayor and Commonalty and Citizens of the said City of London and their Successors to perform and accomplish the works in this Act mentioned An Imposition upon Coals Be it Enacted by the Authority aforesaid That for all sorts of Coals which from and after the four and twentieth day of June One thousand six hundred sixty seven and before the Four and twentieth day of June One thousand six hundred seventy seven shall be imported and brought into the Port of the City of London or the River of Thames within the liberty of the said City of London upon the same River to be sold by the Chaldron or Tun there shall be paid by way of Imposition thereupon over and besides all other Impositions and Duties due and payable for any sort of the said Coals by vertue of any Law or Statute now in force according to the Rates hereafter mentioned That is to say for such sorts of Coals as are usually sold by the Chaldron for every Chaldron thereof containing Thirty six bushels Winchester measure the sum of Twelve pence and for all such sorts of Coals as are sold by the Tun for every Tun thereof containing Twenty hundred weight the like sum of Twelve pence which said Imposition of Twelve pence for every Chaldron or Tun of Coals shall from time to time during the term aforesaid be answered and paid unto the said Mayor and Commonalty and Citizens and their Successors or to their Deputy or Deputies Officer or Assigns by the Master Owner or Owners or other person or persons taking charge of any Ship or Vessel whereupon the same shall be laden before they shall break Bulk or have a Meter assigned for the measuring or weighing of any Coals aforesaid to be delivered from on board any such Ship or Vessel the same to be paid at such place or places as by the said Mayor and Court of Aldermen shall from time to time be appointed for the receipt thereof Vpon receipt whereof the party appointed to receive the same shall without delay fée or reward deliver a Receipt to the person or persons who shall pay the said Duty which Receipt shall for so much be a sufficient discharge And to the end that the said Imposition may be duly answered and paid without fraud or covin and for the better Levying and Collecting thereof and for discovery of the just quantities of all sorts of Coals to be Imported as aforesaid Be it further Enacted by the Authority aforesaid That the Coal-meters for the City of London appointed or to be appointed and every of them Coal-meters Duty for Levying the same and their respective Deputies in their turn course of attendance respectively so soon as any Ship or Vessel freight with Coals shall be unladen shall forthwith deliver a true Certificate in writing unto the Deputy or Deputies Officers or Assigns of the said Mayor and Commonalty and Citizens who shall be appointed to receive the said Imposition of the sorts quantities and number of Chaldrons or Tuns of Coals respectively which shall be measured or weighed and delivered from on Board any such Ship or Vessel on pain for his or their default therein to be suspended from the execution and benefit of his or their Office or Imployment for one whole year from thence next following And in case it shall appear by such Certificate or otherwise That there was on Board any such Ship or Vessel a greater number of Chaldrons or Tuns of Coals then for which the said Imposition shall have béen answered and paid as aforesaid That then in such case there shall be paid to the said Mayor and Commonalty and Citizens and their Successors for every Chaldron or Tun of Coals so concealed over and above the Imposition aforesaid the sum of Five shillings for which in case of refusal to pay the same such Ship or Vessel or any the Tackle Furniture or Apparel thereof may be attached and detained by Warrant from the Mayor of the said City for the time being until payment thereof Provided nevertheless That if the Importer upon such Certificate delivered in by the Coal-meter shall within four and
twenty hours give in his Post-entry and satisfie and pay the whole Duty for the surplusage of Coals appearing upon the unlading of such Ship or Vessel That then upon such payment the penalty aforesaid shall be discharged How the said Imposition shall be disposed And be it further Enacted That all and every such sum and sums of Money which shall be raised upon the Receipt of the said Imposition of Twelve pence for every Chaldron or Tun of Coals or by such additional Duty in case of concealment as aforesaid shall in the first place be applied and disposed unto and for the satisfaction of such persons whose Grounds shall by vertue and in pursuance of this Act be taken and imployed for the inlarging of the Stréets and narrow Passages within the said City And after satisfaction given for the same the residue of the said Moneys shall be applied and disposed unto and for the satisfaction of such persons whose Grounds shall be imployed for the making of Wharfs or Keys on the North-side of the River of Thames and upon each side of the Sewer called by the name or names of Bridewell-Dock Fleet-Ditch and Turnmill-Brook and also for the building and making such Prisons within the said City as shall be necessary for the safe Custody and Imprisonment of Felons and other Malefactors And the Accompts of Reâ—eiâ—s and disbursements thereof kept And to the end the Moneys to be raised upon the Imposition aforesaid may be duly applied to the uses for which the same is by this Act appointed Be it further Enacted That there shall from time to time be provided and kept in the Chamber of London one or more Book or Books of Vellam or Parchment in which all moneys thereupon to be received shall from time to time be entred and set down And also other like Book or Books wherein the Accompts of all Payments and Disbursements out of the same shall be likewise entred expressing the time when the occasion for which and the name of the person or persons to whom the same were so paid or disbursed And that it shall and may be lawful to and for all and every person and persons that shall or may be in any wise concerned so to do to have frée access unto and view the said respective Books of Receipts and Disbursements at all times when the Chamberlains Office is open without any Fée or Reward to be taken or demanded for the view or inspection thereof And that the Chamberlain of London for the time being before the end of Michaelmas Term in every year shall transmit and upon his Oath deliver into the Receipt of the Exchequer a true Copy or Duplicate of the aforesaid Books of Accompts containing the Receipts and Disbursements of all moneys which shall be raised and paid by or out of the said Imposition upon Coals in the year preceding and ending upon the Four and twentieth day of June next before there to be received gratis by the proper Officer and kept amongst the Records of the said Court where it shall also be lawful for any person or persons who shall be in any wise concerned so to do to have access thereunto and to view and peruse the said Books of Accompts without any Fée or Reward to be taken or received for the same Thomas Morris his Water-House Provided always That it shall and may be lawful for the Water-house called Mr. Thomas Morris his Water-house formerly adjoyning to London-Bridge to be rebuilt upon the place it formerly stood with Timber for the supplying the South-side of the City with water as it for almost this hundred years hath done Any thing in this Act to the contrary in any wise notwithstanding Water-Lane Street Provided also And it is hereby further Enacted by the Authority aforesaid That the Lord Mayor and Aldermen of London may and shall open and inlarge a Stréet or Passage called Water-Lane leading from Fleetstreet to White-Friers-Dock by the River of Thames as also open and inlarge a Stréet or Passage to the said River from Cheap-side through Soper-Lane to Thames-Street and from the Three-Cranes to the Thames And open and inlarge one other Stréet or Passage through Mincing-Lane Mincing-Lane by St. Dunstans in the East to Thames-Street near the Custom-House And to make the said Stréets or Passages twenty four foot in breadth for the conveniency of Trade and better passage of Carts and other Carriages to and from the said River giving notice of what they shall herein resolve to the Proprietors and Persons concerned before the last day of May which shall be in the year of our Lord One thousand six hundred sixty seven and giving them satisfaction for their Ground according to the Rules and Directions of this Act for the inlarging of other Stréets and Places A Scheme of Proportions and Scantlings for Stories Walls and Timbers for the Building of lesser and larger Houses within the City of LONDON Brick Division of Story  Height of Story  Thickness of Walls   Bricks    Foot   Bricks   First sort being the least Houses fronting by-streets Lanes Cellars  6½  To the first floor 2  1½ 1 Story  9  2d 1½  1½ 2 Story  9  3d 1½  1½ Garrets      1  1   Where the Spring prevent not      2  Cellars  6 2 1  To the first Floor 2½  1½ Second sort Houses fronting all streets lanes of note and River of Thames 1 Story  10  2d 2 Thickness of Walls between House and House 1½ 2 Story  10 Thickness of Walls in Front and Reer from the Foundation 3d 2  3 Story Not less in height clear then 9 4th 1½ 1½  Garrets     1  1  1 Story  10  1st 2½  2 Third sort Houses fronting all High-streets and Lanes of note 2 Story  10½  2d 1½  1½ 3 Story  9  3d 1½  1½ 4 Story  8½  4th 1½  1½ Garrets     1  1 Scantlings of Timber for the first sort of Houses   Foot Inches  Inches For the Floors Summers under 15 12 and 8 Wall-plates  7 and 5   Foot at foot 8 6 Inches For the Roof Principal Rafters under 15 at top 5 Single Rafters 4 and 3 Inches  Length Foot Thickness  Depth Joysts to 10 3 7 Inches Garrets-floors  3  6 Scantlings of Timber for the other two sorts of Houses For the Floors Summers or Girders which bear in length from Foot  Foot Breadth Inches  Depth Inches  Thickness Inches Depth Inches 10 to 15 11 and 8 Joysts which bear 10 Foot 3 6 15  18 13  9 3 7 18  21 14  10 3 7 21  24 16  12 3 8 24  26 17
thousand and ninety four pounds fifteen shillings and eleven pence The County of Worcester the sum of one thousand eight hundred fifty one pounds ten shillings and ten pence The City and County of the City of Worcester the sum of ninety seven pounds nine shillings and three farthings The County of Wilts the sum of three thousand four hundred fifty five pounds seven shillings one peny half-peny The County of Westmerland the sum of two hundred and three pounds fifteen shillings eight pence half-peny The Isle of Anglesey the sum of two hundred and twenty pounds fifteen shillings and ten pence The County of Brecknock the sum of four hundred ninety six pounds six shillings six pence The County of Cardigan the sum of one hundred eighty five pounds sixteen shillings and eleven pence three farthings The County of Carmarthen the sum of four hundred and seventy eight pounds ten shillings three pence half-peny The County of Carnarvan the sum of two hundred fifty seven pounds eleven shillings three farthings The County of Denbigh the sum of three hundred ninety two pounds thirteen shillings eight pence half-peny The County of Flint the sum of two hundred and eight pounds sixteen shillings three pence three farthings The County of Glamorgan the sum of six hundred and sixty five pounds fourteen shillings one peny three farthings The County of Merioneth the sum of one hundred seventy seven pounds one shilling nine pence three farthings The County of Mountgomery the sum of four hundred eighty five pounds eighteen shillings eight pence The County of Pembrook the sum of five hundred seventy three pounds eleven shillings seven pence three farthings The County of Radnor the sum of three hundred and six pounds five shillings two pence three farthings The Town of Haverford-West the sum of twenty six pounds and thirteen shillings And be it further Enacted by the Authority aforesaid That all and every the persons who are nominated in and by the said first recited Act and in and by an Act passed this present Session of Parliament Entituled An Act for Raising Money by a Poll and otherwise 18 Car. 1. c. â— towards the Maintenance of the present War to be Commissioners of and for the several and respective Counties Cities Boroughs Towns and Places therein or in either of them mentioned shall likewise be so and so are hereby appointed to be Commissioners for execution of this present Act within the several and respective Counties Cities Boroughs Towns and Places for which they were nominated in the aforesaid Acts or either of them and shall have and execute the like power and authority rules and directions touching the better Assessing Collecting Levying Receiving and Paying the said one hundred and fourteen thousand two hundred and thirteen pounds thirteen shillings half-peny by the moneth during the said eleven moneths as in and by the said first mentioned Act were given to the said Commissioners touching the better Assessing Collecting Receiving and paying the threescore and eight thousand eight hundred and nineteen pounds nine shillings by the moneth payable as aforesaid And all and every person or persons who shall be lyable unto or any ways concerned or imployed in the Assessing Collecting Levying Receiving or paying any of the moneys by this Act imposed shall have like benefit advantages allowances and discharges and shall be subject to like penalties and forfeitures in case of any neglect or refusal to pay their respective Assessments or to perform their respective Duties as any other person or persons lyable unto or concerned or imployed in the assessing collecting levying receiving or paying any of the moneys by the said former Acts imposed ought to have or be subject unto as fully and amply as if the same Clauses matters and things had been in this Act particularly repeated and Enacted To the end that the said eleven Monethly Assessments granted by vertue of this present Act may be duly answered and paid in as aforesaid Be it further Enacted That the several Commissioners shall meet together at the most usual and common place of meeting as in the said first recited Act is directed The meeting of the Commissioners on or before the second Tuesday in February which shall be in the year of our Lord one thousand six hundred sixty seven to put this Act in execution according to the best of their judgments and discretions and shall then if they see cause sub-divide as well themselves as others as by the said Act is further directed concerning the said former Assessment And further That they meet at least three weeks before each payment of the said several Assessments for the purposes aforesaid And that the said payments of one hundred and fourteen thousand two hundred and thirteen pounds eight shillings and five pence half-peny by the Moneth shall be assessed collected levied and paid to the Receiver of the several Counties appointed or that shall be appointed by his Majesty and by them answered and paid into his Majesties Exchequer on the dayes and times hereafter mentioned and expressed Be it Enacted by the Authority aforesaid That the sum of two hundred twenty eight thousand four hundred twenty six pounds sixteen shillings and eleven pence being the first payment for the first two Moneths of the aforesaid eleven Moneths hereby imposed shall be assessed collected levied and paid in to the said Receiver-General of the said several Counties who shall be appointed by his Majesty and who are hereby required to transmit or cause the same to be paid into his Majesties Receipt of his Exchequer on or before the first day of May in the year of our Lord one thousand six hundred sixty and eight And the sum of three hundred forty two thousand six hundred and forty pounds five shillings four pence half-peny being the second payment of the said eleven Moneths on or before the first day of August in the year of our Lord one thousand six hundred sixty and eight And the sum of three hundred forty two thousand six hundred and forty pounds five shillings four pence half-peny being the third payment of the said eleven Moneths on or before the first day of November in the year of our Lord one thousand six hundred sixty and eight And the sum of three hundred forty two thousand six hundred and forty pounds five shillings four pence half-peny being the fourth and last payment of the said eleven Moneths on or before the first day of February in the year of our Lord one thousand six hundred sixty and eight Moneys lent upon this Act secured And to the intent that all moneys to be lent to your Majesty and the moneys that shall be due upon such contracts for Wares Ships Goods or Victuals or other necessaries which shall be delivered for your Majesties Service upon the Credit of this Act by any person or persons native or foreigner Bodies Politick or Corporate may be well and sufficiently secured out of the Moneys arising and payable
their respective Deputies and Clerks herein offending be lyable to such Action Debt Damages and Costs in such manner as aforesaid Provided always and it is hereby declared That if it happen that several Tallies of Loan or Certificates for Wares delivered or Orders for Payments from his Majesty as aforesaid bear date or be brought the same day to the Auditor of the Exchequer to be Registred then it shall be interpreted no undue preference which of these he enters so he enter them all the same day Provided also That it shall not be interpreted any undue preference to incur any penalty in point of payment if the Auditor direct and the Clerk of the Pells Record and the Teller do pay subsequent Orders of persons that come to demand their money and bring their Orders before other persons that did not come to demand their money and bring their Orders in their course so as there be so much money reserved as will satisfy their Orders which shall not be otherwise disposed but kept for them Interest upon Loan being to cease from the time the money is so reserved and kept in Bank for them And be it further Enacted by the Authority aforesaid That every person or persons to whom any money shall be due by vertue of this Act after Warrant or Order entred for payment thereof his Executors Administrators or Assigns by Indorsement of his Order or Warrant may assign and transfer his interest and benefit of such Warrant to any other which being notified and an Entry and Memorial thereof also made in the said Registry for Warrants which the Officer shall on request without Fees or Charge accordingly make shall entitle such an 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 the moneys thereby due or any part thereof Provided always and be it further Enacted by the Authority aforesaid That the sum of three hundred and eighty thousand pounds shall be charged and registred in the Book of Register appointed by this Act to be kept in the Office of the Auditor of the Receipt of the Exchequer to be paid to the Treasurer of the Navy for the time being out of the money payable for the last ten moneths of the eleven moneths Assessment granted by this Act for the Salaries and Wages of such Officers Seamen Mariners and Souldiers as are or shall be imployed aboard your Majesties Navy for this present Winter beginning at the first day of January one thousand six hundred sixty six and aboard your Majesties Navy for the Summer in the year of our Lord one thousand six hundred sixty seven The said three hundred and eighty thousand pounds to be charged and registred as aforesaid in manner and form following that is to say When Orders shall be first registred for one hundred thousand pounds for the Service of the War to be paid out of the money arising upon the said ten moneths in course as is by this Act directed and prescribed That then and immediately after one or more Orders shall be registred for the payment of two hundred thousand pounds part of the three hundred and eighty thousand pounds above mentioned to the Treasurer of the Navy to be by him imployed for the paying of the Wages of Officers Mariners Seamen and Souldiers as is above mentioned And when Orders shall be registred for one hundred thousand pounds more for the Service of the War upon the said ten moneths then and immediately after one or more Orders shall be registred for the sum of one hundred thousand pounds more in further part of the three hundred and eighty thousand pounds above mentioned And when Orders shall be registred for one hundred thousand pounds more for the Service of the War then and immediately after one or more Orders shall be registred for the sum of eighty thousand pounds in full of the three hundred and eighty thousand pounds above mentioned Which said sums of two hundred thousand pounds one hundred thousand pounds and eighty thousand pounds shall be paid in course as they stand registred according to the rules and directions and under the penalties upon the Officers of the Exchequer their Deputies and Clerks prescribed and contained in the Proviso of this Act for Registring and paying in course And it is hereby further Enacted That if the Treasurer of the Navy do divert or imploy the said three hundred and eighty thousand pounds or any part thereof to any use or service whatsoever other then for the payment of the Salaries and Wages of such Officers Seamen Mariners and Souldiers as shall be imployed aboard your Majesties Navy as aforesaid until the said Wages and Salaries shall be fully and entirely paid and discharged That then and in such case he shall forfeit treble the value of the money diverted or imployed contrary to the intent and meaning hereof to be recovered in any of his Majesties Courts at Westminster by Action of Debt Bill Plaint or Information wherein no Essoin Protection Wager of Law Aid Prayer Priviledg Injunction or Order of Restraint shall be in any wise granted or allowed nor any more then one Imparlance One moyety whereof to be to such person as shall sue for the same and the other moyety to your Majesty your Heirs and Successors Provided always and be it Enacted by the Authority aforesaid That whatever moneys shall be wanting or fall short of the twelve hundred and fifty thousand pounds granted by an Act of this present Parliament Entituled An Act for granting the sum of Twelve hundred and fifty thousand pounds to the Kings Majesty for his present further Supply towards the paying in course the several sums of money registred for the Service of the present War according to the Power and Direction of the said Act shall be supplied and paid out of the first moneys granted by this Act and payable for and in the first moneth therein mentioned and granted Any thing in this Act to the contrary in any wise notwithstanding And be it further Enacted by the Authority aforesaid That the Treasurer of his Majesties Navy for himself his Deputies and Clerks shall receive and retain only the sum of one peny in the pound and no more And the Lieutenant or Treasurer of his Majesties Ordnance for himself and his Clerk shall likewise receive and retain onely one peny in the pound and no more out of all the moneys raised borrowed and paid unto and issued out by either of them to any person or persons by vertue and in pursuance of this Act to be allowed in their respective Accounts thereof Provided always and be it Enacted by the Authority aforesaid That if any person being a Receiver of moneys due upon any former Act of this present