Work-house or Work-houses to be established by this present Act who are hereby authorized and impowred by themselves or their Officers thereunto by them deputed to collect gather receive and recover the said money and Legacies which shall be due and in arrear as aforesaid with which said Arrears and every part and parcel thereof the Corporation or Corporations aforesaid by this Act made constituted and established is and shall be hereby invested and interessed for the execution of the service hereby enjoyned them and all those that have had or now have any of the said Stocks in their or any of their hands shall be accountable to the said Treasurer or to those that shall be appointed by the said Corporation or Corporations or any seven or more of them to take the said account Provided always And be it Enacted by the Authority aforesaid That there shall be a full allowance of all just and necessary expences which have béen laid out by the said former Corporation for the relief of the said poor and the carrying on of the said Service since the time before expressed Power to make Orders and By-laws And it is further Enacted by the Authority aforesaid That the respective President and Governours or any Seven of them shall have power from time to time to make and constitute Orders and By-Laws for the better relieving regulating and setting the poor to work and the apprehending and punishing of Rogues Vagabonds and Beggers within the Cities Liberties and places aforesaid that have not wherewith to maintain themselves and for other the matters aforesaid Provided the said Orders and By-Laws shall from time to time be presented to the Iustices of Peace in their Quarter-Sessions assembled to be allowed by the major part of them and confirmed by order of the said Court And it is further Enacted by the Authority aforesaid Power to choose and entertain officers That the President and Governours of any of the said Corporation or Corporations Work-house or Work-houses or any fourtéen or more of them being assembled together shall have hereby power to choose and entertain all such Officers and other as shall be néedful to be imployed in and about the premisses and them or any of them from time to time to remove as they shall see cause and upon the death or removal of them or any of them to choose others in their places for the carrying on of the work and to make and give such reasonable allowances unto them or any of them out of the Stock and Revenue belonging to the said Corporation or Work-house as they shall think fit And it is further Enacted by the Authority aforesaid That all Sheriffs Bailiffs Constables All Sheriffs c. to be assisting the said Corporation their officers and all other Officers and Ministers of Iustice shall be aiding and assisting to the said Corporation or Corporations and to all such Officers as shall be imployed by them or any of them in the execution or performance of the said Service And whereas the Laws and Statutes for the apprehending of Rogues and Vagabonds have not béen duly executed sometimes for want of Officers by reason Lords of Mannors do not kéep Court Léets every year for the making of them Constables how made in default of holding Court-Leets Be it therefore Enacted by the Authority aforesaid That in case any Constable Headborough or Tithingmen shall dye or go out of the Parish any two Iustices of the Peace may make and swear a new Constable Headborough or Tithingman untill the said Lord shall hold a Court or untill next Quarter-Sessions who shall approve of the said Officers so made and sworn as aforesaid or appoint others as they shall think fit And if any Officer shall continue above a year in his or their Office That then in such case the Iustices of Peace in their Quarter-Sessions may discharge such Officers and may put another fit person in his or their place untill the Lord of the said Mannor shall hold a Court as aforesaid And whereas for want of some encouragement to such person or persons as shall apprehend Rogues Vagabonds and sturdy Beggars 39 El. cap. 17. 1 Jac. cap. 7. Apprehending Rogues and Vagabonds the Statutes made in the Nine and thirtieth year of Quéen Elizabeth and first year of King James in which Statutes the Constable Headborough or Tithingman of every Parish that shall not apprehend such Rogues Vagabonds and Sturdy Beggars which shall pass through or be found in their said Parish unapprehended such Constable Headborough or Tithingman shall forfeit as in the said Statutes is expressed are not duly executed Be it therefore Enacted by the Authority aforesaid How rewarded That it shall and may be lawful to and for any Iustice of the Peace to whom any Rogue Vagabond or Sturdy Beggars so apprehended shall be brought to reward any person or persons that shall apprehend any Rogue Vagabond or Sturdy Beggar by granting unto such person or persons an Order or Warrant under his hand and Seal to the Constable Headborough or Tithingman of such Parish where such Rogue Vagabond or sturdy Beggar passed through unapprehended requiring him to pay such person or persons the sum of two shillings for every Rogue Vagabond or sturdy Beggar which shall be so apprehended And if such Constable Headborough or Tithingmen refuse or neglect to pay the two shillings as aforesaid that then the said Iustices of Peace or any other Iustice or Iustices of Peace shall procéed against any such Constable Headborough or Tithingman according to the said Statutes and to compel him to pay such sum of money as he hath forfeited by the Statute of the first year of King James aforesaid and to allow out of the said Forfeiture the said two shillings and such reasonable means and allowance for loss of time as they shall think fit And if any person or persons shall apprehend any Rogue Vagabond or sturdy Beggar Rogues and Vagabonds apprehended at the contines of any county how to be dealt withal at the confines of any County which passed through any Parish of another County unapprehended it shall be lawful for such person or persons to go to some Iustice of Peace of that County through which such Rogue Vagabond or sturdy Beggar passed unapprehended who is hereby required upon a Certificate under the hand of some Iustice of Peace of the County where such Rogue Vagabond or sturdy Beggar was so apprehended to grant his Order or Warrant under his hand and Seal requiring the said Constable Headborough or Tithingman to pay unto such person or persons as aforesaid the sum of two shillings which if he shall refuse or neglect to do then such Iustice is hereby required to procéed against such Constable Headborough or Tithingman and to cause him to pay ten shillings or so much thereof for his expenses and loss of time as the said Iustice of Peace shall think fit to such person
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
obstinate and incorrigible For remedy whereof Be it Enacted by the Authority of this present Parliament That if any person or persons He that keeps an Alehouse c. without license shall forfeit 20. s after forty days next ensuing the end of this present Session of Parliament shall upon his own authority not being thereunto lawfully licensed take upon him or them to kéep a common Alehouse or Tippling house or use commonly selling of Ale Béer Syder or Perry That then every such person or persons shall for every such Offence forfeit and lose the sum of twenty shillings of currant money of England to the use of the poor of the Parish where such offence shall be committed The same offence being viewed and séen by any Mayor Bailiff or Iustice of Peace or other head Officer within the several limits or confessed by the party so offending or proved by the oath of two witnesses to be taken before any Mayor Bailiff or other head Officer or any one or more Iustice or Iustices of the Peace The Constables or Church-wardens shall levy the said forf to the use of the Poor who by vertue of this Act shall be authorised to minister the said oath to any person or persons that can or will justifie the same being within the limits of their said Commission The said penalty to be levyed by the Constables or Church-wardens of the parish or parishes where the said offence shall be committed Who shall be accountable therefore to the use of the poor of the said parish by way of distress to be taken and detained by warrant or precept from the said Mayor Bailiff Iustice or Iustices or other head Officer by whom the said offence shall be viewed or before whom the same shall be confessed or proved as aforesaid and for default of satisfaction within thrée daies next ensuing The party that is not able to pay the forf shall be whipped the said distress to be by the said Constables or Church-wardens apprised and sold and the overplus to be delivered to the party or parties offending and this to be only for the first offence And if such offender or offenders shall not have sufficient Goods and Chattels whereby the said twenty shillings may be levyed by way of distress as aforesaid or shall not pay the said sum of twenty shillings within six daies after such conviction as aforesaid That then the said Mayor Bailiff Iustice or Iustices or other head Officer before whom the said Offender shall be convicted as aforesaid shall commit all and every the said offender or offenders to some Constable or Constables or other inferiour Officer or Officers of the City Borough Town Parish or Hamlet where the offence shall be committed or the party apprehended to be openly whipped for the said offence as the said Iustice or Iustices shall limit or appoint And be it Enacted by the authority aforesaid The officer neglecting to punish the offender shall be imprisoned or pay ten shillings That if any Constable or inferiour Officer shall neglect to execute the said precept or warrant or do refuse or do not execute by himself or some other to be by him appointed upon the offender the punishment limited by this Statute that in that case it shall and may be lawful for the said Mayor Bailiff Iustice or Iustices of Peace or other head Officer to commit the Constable or other inferiour Officer so refusing or not executing the said punishment by himself or some other to the common Gaol of the said County City or Town corporate there to remain without bail or mainprise untill the said Offender or Offenders shall be by the said Constable or Constables or other inferiour Officer so refusing or not executing the said punishment or some by his or their procurement punished and whipped as is above limited and declared or untill he or they so neglecting or refusing shall have paid the sum of forty shillings of lawful money of England unto the use of the poor of the parish for their said contempt And be it further Enacted For the second and third offence the offender shall be committed to the house of correction that if the said Offender or Offenders being an unlicensed Alehouse-keeper shall offend in any of the premisses the second time and be thereof lawfully convicted in manner and forme aforesaid That then the said Mayor Bailiff Iustice or Iustices of the Peace or other head Officer shall commit him her or them unto the house of Correction there to remain for the space of one moneth and be dealt withall as idle lewd and disorderly persons And if such Person or Persons shall again offend and shall be thereof convicted as aforesaid that then the said offender and offenders for every such offence shall be committed unto the said house of Correction as aforesaid there to remain until by the order of the Iustices in their general Sessions for the County City Borough or Franchise he she or they shall be delivered from thence Provided alwayes that such offender or offenders as shall be punished by vertue of this act The offender punished by this act shall not be again punished by 5 6 Ed. 6. 25. contra Alehouses kept in the time of Fairs excepted shall not be punished again for the same offence by the former Act made in the fifth year of King Edward the sixth aforementioned And that such offender or offenders as shall be punished by vertue of the before mentioned Act made in the fifth year of King Edward the sixth shall not be punished again for the same offence by vertue of this present Act nor any thing therein contained Provided alwayes That in such Towns and places where any Fair or Fairs shall be kept that for the time only of the same Fair or Fairs it shall be lawful for every person or persons to use common selling of Ale or Béer in Booths or other places there for the relief of the Kings Subjects that shall repair unto the same in such like manner and sort as hath béen used and done in times past this Act or any thing therein contained to the contrary notwithstanding St. 11 H. 7. 2. 1 Jac. 9. 4 Jac. 10. 21 Jac. 7. 1 Car. 4. CAP. IV. Divers Statutes made perpetual others continued and some others repealed 1 El. 17. When Corn may be transported c. BE it Enacted by the authority of this present Parliament That one Act made in the first year of the reign of the late Quéen Elizabeth intituled An Act for the preservation of spawn and fry of fish except the proviso in the said Act mentioned that the same Act shall not extend to the Rivers of Twéed nor Waters or Rivers whereof the Quéen was answered of any yearly rent or profit nor to Farmers Owners or Occupiers of the Rivers of Wye Vske 13 El. 20. and other Rivers in the said proviso mentioned or contained One Act made in the thirteenth year
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
and their heirs shall accompt for and be responsible for all Rents and Profits of the premisses which came to their hands and have not béen by the said Trustées or their Order disbursed disposed or imployed for the maintenance of Ministers or other uses according to the said pretended Act or Ordinance or some other Act Order or Ordinance made in the year of our Lord one thousand six hundred fifty one thousand six hundred fifty four and one thousand six hundred fifty six by any assembly called or reputed a Parliament or assuming the power of a Parliament according to the intention of such Act Acts or Ordinances And the Agents and Receivers under the Order of the said Trustées and the Occupiers and Tenants of the Premisses who have taken the premisses or profits thereof into their hands without agréement to pay Rent therefore and have made no accompt or satisfaction to the Trustes aforesaid or to some other by their Order and also the persons who have held the same or taken the profits thereof under any agréement to pay Rent or Money for the same and have not paid the same shall respectively accompt pay and make satisfaction for so much of the premisses and profits of the premisses as are unsatisfied or unaccounted for as aforesaid and pay such Arrearages of Rents or Money as by such agréement remaineth unpaid by them all which payments and accompts shall be made to such persons and in such manner as in Parliament shall be directed Nevertheless it is not hereby intended that any Minister Schoolmaster or other person for whose benefit and maintenance the said pretended Acts or Ordinances were made shall be accomptable or lyable to make satisfaction for any Profits Rents or Sums of money paid to or taken by them respectively by vertue or colour of any Order or Appointment of the said Trustées or any of them or otherwise Bonds taken in his Majesties name before May 1642. for securities of any his Majesties Receivers not pardoned c. Provided also That this Act do not extend to pardon any Bond taken in his late Majesties Name before the month of May one thousand six hundred forty two for securing the proper Debt of any Servant or Receiver of the Revenue of his said late Majesty that hath not béen paid to or by order of some Lawful or Pretended authority And whereas by an Order of the Six and twentieth day of May in the year One thausand six hundred forty one the then House of Commons in Parliament did accept the sum of One hundred and fifty thousand pounds as a Composition from the Farmers of several Customs voted to be illegally taken and some of the said Farmers did procure and pay the said whole sum of One hundred and fifty thousand pounds at the desire of the said House of Commons and upon their Declaration That such of the said Farmers as did not pay their Proportions should not be pardoned but proceeded against and out of their Fines satisfaction should be made to those who had paid the said One hundred and fifty thousand pounds and in pursuance thereof did on the First of June then next following Resolve That the Estates of such persons living or dead as have by colour of any Patent received monies from the Subject under pretence of such Customs or have béen under-Sharers with the Patentées ought to be made liable to restitution Payments upon proportions of 150000 l. upon the customes It is therefore Provided That this Act shall not extend nor be construed to extend to Pardon or Indempnifie any person or persons their Heirs Executors Administrators or Assigns who have not paid their Proportions of the said One hundred and fifty thousand pounds or ought to have béen contributory thereunto from or against misdemeanors or offences relating to the said Customes or from payment of their Proportions But that the Estates of the dead as well as of the living of such who ought to have béen contributory in whose possession soever Purchasers Bona fide and upon valuable Considerations only excepted shall Continue and be charged and chargeable with the payment of their Proportions to all intents and purposes as if this Act had not béen made any thing herein contained to the contrary notwithstanding Provided also That this Act or any thing therein contained shall not extend or be construed to pardon or discharge any sum or sums of money due and Arrear for Excise of Béer Ale Arrears of Excise upon Beer and Ale or other Native or Inland Commodity since the twenty fourth day of June One thousand six hundred fifty and nine Provided also That nothing in this Act contained shall extend to the pardoning Monies due for free quarter or discharging of any sum or sums of money due from any Officers or Souldiers to any of the Subjects of this Kingdom for frée-quarter since the second day of July One thousand six hundred fifty and nine or to discharge any monies borrowed by any Officers for preventing of frée-quarter Provided alwayes And be it Enacted by the Authority aforesaid That no Conveyance Purchasers bona fide of Lands other then the Kings c. to enjoy their purchases Assurance Grant Bargain Sale Charge Lease Assignment of Lease Grants and Surrenders by Copy of Court-Roll Estate Interest Trust or Limitation of any Vse or Vses of any Manors Lands Tenements or Hereditaments not being the Lands nor Hereditaments of the late King Quéen Prince or of any Archbishops Bishops Deans Deans or Chapters nor being Lands or Hereditaments sold or given or appointed to be sold or given for the Delinquency or pretended delinquency of any person or persons whatsoever by vertue or pretext of any Act Order or Ordinance or reputed Act Order or Ordinance since the first day of January One thousand six hundred forty and one Nor any Statute Iudgment or Recognizance had made acknowledged or suffered to any person or persons Bodies Politick or Corporate before the Nine and twentieth day of September One thousand six hundred fifty and Nine By any of the persons before in this Act by name excepted or their Heirs or by any other person or persons claiming by from or under them or any of them other then the Wife or Wifes child children heir and heirs of such person and persons or any of them for money bona fide to them or any of them paid or lent nor any conveyance assurance grant or estate made before the Five and twentieth day of April One thousand six hundred and sixty By any person or persons to any such person excepted by Name as aforesaid in trust and for the benefit of any other person or persons Bodies Politick or Corporate not excepted by name as aforesaid shall be impeached defeated made void or frustrated hereby or by the attainder or conviction of any such excepted person or persons but that the same shall be held and enjoyed by the Purchasers Grantées Lessées Assigns Cestuy
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
continue any such foot-post Horse-post Coach-post or pacquet-Boat as aforesaid which said several and respective Forfeitures shall and may be sued for and recovered by Action or Actions of Debt plaint or Information in any of his Majesties Courts of Record wherein no Essoigne priviledge protection or Wager of Law shall be admitted Proviso where any Post-master doth not provide and the said several and respective forfeitures that shall happen from time to time to be recovered shall be and remain the one moyety thereof to his Majesty and his Heirs and Successors and the other moyety thereof to such person or persons who shall or will inform against the Offender or Offenders against this present Act and shall or will sue for the said forfeitures upon the same Provided alwayes That if any post-Master of any respective place doth not or cannot furnish any person or persons riding in Post with sufficient horses within the space of one half hour after demand That then such person or persons are here understood to be left at liberty to provide themselves as conveniently they can And the persons who shall furnish such horses shall not therefore be liable unto any Penalties or Forfeitures contained in this Act. Provided alwaies That if through default or neglect of the Post-Master General aforesaid Proviso touching Post-masters that do not sufficiently provide horses c. any person or persons riding in Post shall fail as aforesaid of being furnished with a sufficient Horse or Horses for his or their use after demand as aforesaid That in every such case the said Post-Master General shall forfeit the sum of Five pounds sterling the one moyety to his Majesty his Heirs and Successors and the other moyety to him or them who shall sue for the same in any Court of Record to be recovered by Bill Plaint or other Information wherein no Essoigne Protection or other Wager in Law shall be admitted Provided alwayes and be it Enacted Proviso That nothing herein contained shall be understood to prohibit the carrying or recarrying of any Letters or pacquets to or from any Town or place to or from the next respective Post-Road or Stage appointed for that purpose But that every person shall have frée Liberty to send and imploy such persons as they shall think fit for to carry the said Letters or Pacquets as aforesaid without any forfeiture or penalty therefore Any thing contained in this Act to the contrary notwithstanding Proviso against carrying any pacquet out of England in any forreign vessels Provided alwayes That if the Pacquet or Maile shall be carryed out of England into any part beyond the Seas in any ship or Vessel which is not of English built and Navigated with English Seamen That in every such case the said post-Master General shall forfeit the sum of one hundred pounds Sterling The one moyety to his Majesty His Heirs and Successors and the other moyety to him or them who shall sue for the same in any Court of Record to be recovered by Bill Plaint or other Information wherein no Essoigne Protection or other Wager in Law shall be allowed Oaths of Allegiance and Supremacy Provided also and be it Enacted by the Authority aforesaid That no person or persons shall be capable of having using or exercising the Office of post-Master General or any other Imployment relating to the said Office unless he or they shall first take the Oaths of Allegiance and Supremacy before any two Iustices of the peace of the respective Counties wherein such person or persons are or shall be resident which said Iustices are hereby Authorized to administer the said oaths accordingly Proviso Truro Penrin Kendall Lancaster Penrith Carlisle Grimsby Post-Master to continue constant posts Provided also and be it Enacted by the Authority aforesaid That a Letter or pacquet-post shall twice every wéek come by the way of Truro and Penrin to the Town of Marketiew alias Marhasion in the County of Cornwall and once a wéek to Kendal by the way of Lancaster and to the Town of Penrith in Cumberland by the way of Newcastle and Carlisle and to the City of Lincoln and the Burrough of Grimsby in the County of Lincoln Any thing in this Act contained to the contrary thereof in any wise notwithstanding Provided also and be it Enacted by the Authority aforesaid That such post-master General to be from time to time appointed by his Majesty His Heirs and Successors as aforesaid shall continue constant posts for carriage of letters to all places though they lye out of the post-roads as hath béen used for the space of thrée years last past at the rates herein before mentioned under pain of forfeiture for every omission Five pounds to be recovered by Action Suit or plaint in any his Majesties Courts of Record the one moyety to the use of his Majesty the other moyety to the use of the Informer And for the better management of the said post-Office and that the people of these Kingdomes may have their intercourse of Commerce and trade the better maintained and their Letters and advises conveyed carried and recarried with the greatest spéed security and convenience that may be Penalty for every omission The Post-master c. to observe such orders as his Majesty shall make Be it further Enacted That the said post-Master General so nominated appointed and constituted as aforesaid and his Deputies shall from time to time observe and follow such orders rules directions and instructions for and concerning the settlement of convenient posts and Stages upon the several roads in England Scotland and Ireland and other his Majesties Dominions and the providing and kéeping of a sufficient number of horses at the said several Stages as well for the carrying and conveying of the said letters and pacquets as for the horsing of all thorow-posts and persons riding in post by warrant or otherwise as aforesaid as his Majesty his heirs and Successors shall from time to time in that behalf make and ordain And that his Majesty his heirs and Successors may grant the said Office of post-master General His Maiesty may grant the said office for life or years not exceeding 25. years together with the powers and Authorities thereunto belonging and the several rates of portage above mentioned and all profits priviledges fées perquisites and emoluments thereunto belonging or to belong either for life or term of years not excéeding one and twenty years to such person or persons and under such Covenants conditions and yearly rents to his said Majesty his Heirs and Successors reserved as his said Majesty his heirs and Successors shall from time to time think fit for the best advantage and benefit of the Kingdom No horses to be seized without consent of the owners Provided alwayes and be it Enacted by the Authority aforesaid That no person shall have power to take use or seize any horses for the service mentioned in this Act without the consent of the
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
care be taken in the Conducting and Stéering of the Ships that through wilfulness negligence or other defaults none of his Majesties Ships be stranded or run upon any Rocks or Sands or split or hazarded upon pain that such as shall be found guilty therein be punished by Fine Imprisonment or otherwise as the offence by a Court-Martial shall be adjudged to deserve XXVI Burning a Ship All persons that shall willingly burn or set fire on any Ship or Magazine or Store of Powder or Ship Boat Ketch Hoy or Vessel or Tackle or Furniture thereto belonging not appertaining to an Enemy or Rebel shall be punished with death XXVII Sleeping upon Watch. No Man in or belonging to the Fléet shall sléep upon his Watch or negligently perform the Duty imposed on him or forsake his station upon pain of death or other punishment as the circumstances of the Case shall require XXVIII Murthers All Murthers and wilful Killing of any persons in the Ship shall be punished with death XXIX Robbery and Theft All Robbery and Theft committed by any person in or belonging to the Fléet shall be punished with death or otherwise as the Court-Martiall upon consideration of circumstances shall find méet XXX Provost-Marâ—ial prisoners No Provost-Marshal belonging to the Fléet shall refuse to receive or kéep any Prisoner committed to his charge nor suffer him to escape being once in his custody nor dismiss him without order upon pain of being lyable to the same punishment which should have béen inflicted upon the party dismissed or permitted to escape or such other punishment as the Court-Martial shall think fit XXXI Apprehending offenders All Captains Officers and Sea-men shall do their endeavours to detect apprehend and bring to punishment all offenders and shall assist the Officers appointed for that purpose therein upon pain to be procéeded against and punished by the Court-Martial at discretion XXXII Sodomy If any person or persons in or belonging to the Fléet shall commit the unnatural and detestable sin of Buggery or Sodomy with Man or Beast he shall be punished with death without mercy XXXIII Misdemeanors and Disorders at Sea All other Faults Misdemeanors and Disorders committed at Sea not mentioned in this Act shall be punished according to the Laws and Customs in such Cases used at Sea XXXIV And it is hereby further Enacted The Lord High Admirals power to grant Commissions to call Court Martialls That the Lord High Admiral for the time being shall by vertue of this Act have full power and Authority to grant Commissions to inferiour Vice-Admirals or Commander in chief of any Squadron of Ships to call and assemble Court-Martials consisting of Commanders and Captains and no Court-Martial where the pains of death shall be inflicted shall consist of less then five Captains at least the Admirals Lieutenant to be as to this purpose estéemed as a Captain and in no case wherein sentence of Death shall pass by vertue of the Articles aforesaid or any of them except in case of Mutiny there shall be execution of such Sentence of Death without the leave of the Lord High Admiral if the offence be committed within the Narrow-Seas But in case any of the offences aforesaid be committed in any Voyage beyond the Narrow-Seas whereupon Sentence of death shall be given in pursuance of the aforesaid Articles or of any of them then Execution shall not be done but by Order of the Commander in chief of that Fléet or Squadron wherein Sentence of death was passed XXXV And be it further Enacted and Declared That the Iudge-Advocate of any Fléet Iudg Advocate of any fleet to administer an oath for tryal of offences Court Martiall for the time being shall have full power and Authority to administer an Oath to any person or witness in order to the Examination or Tryal of any of the offences aforesaid and in the absence of a Iudg-Advocate the Court-Martial shall have full power and Authority to appoint any person to administer an Oath to the purpose aforesaid Provided also and be it further Enacted by the Authority aforesaid Proviso touching the powers of the Lord Admiral That this Act or any thing or things therein contained shall not in any manner of wise extend to give unto the Lord Admiral of England for the time being or to any his Vice-Admirals Iudg or Iudges of the Admiralty his or their Deputy or Deputies or to any other the Officers or Ministers of the Admiralty or to any others having or claiming any Admiral Power Iurisdiction or Authority within this Realm and Wales or any other the Kings Dominions any other power right Iurisdiction Preheminence or Authority then he or they or any of them lawfully have hath or had or ought to have and enjoy before the making of this Act other then for such of the offences specified in the several Articles contained in this Act as hereafter shall be done upon the main Sea or in Ships or Vessels being and hovering in the main Stream of great Rivers only beneath the Bridges of the same Rivers nigh to the Sea within the Iurisdiction of the Admiralty and in none other places whatsoever and committed only by such persons as shall be in actual Service and pay in His Majesties Fléet or Ships of War CAP. X. For preventing the unlawfull Coursing Hunting or Killing of Deer For the better preventing of the unlawful Coursing Hunting Taking or Killing of Déer Vnlawfull hunting or killing of Deer by many Idle Loose and disorderly persons Be it Enacted by the Kings most Excellent Majesty and by the advice and Consent of the Lords and Commons in Parliament Assembled and by the Authority of the same That if any person or persons shall from and after the first day of August next unlawfully course kill hunt or take away any Red or Fallow Déer in any Forrest Chase Purleiw Paddock Wood Park or other Ground where Déer are or have béen usually kept within the Realm of England or Dominion of Wales without the consent of the Owner or person chiefly intrusted with the custody thereof or shall be aiding or assisting therein and shall be convicted thereof by the confession of the party or by the Oath of one or more credible witnesses before one or more Iustices of the Peace who are hereby impowred to administer an Oath to that purpose such person being prosecuted for such offence within six moneths after such offence done that then every person so offending shall forfeit for every such offence the sum of Twenty pounds to be levied by way of Distress upon the Goods and Chattels of every such Offender by Warrant under the Iustices hand before whom such conviction shall be made The Penalty the one moyety of the said Twenty pounds to be given to the Informer and the other moyety to the Owner of the Déer And for want of sufficient Distress the Offender shall be committed to the House of Correction
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
the greater number of them at any meeting shall direct from time to time as there shall be occasion which said Commissioners or any Five or more of them at their meeting as aforesaid shall have full power and authority to order and direct the making of any new Vaults or Sewers or to cut into any Drein or Sewer already made or the altering enlarging amending cleansing or scowring of any old Vaults Sinks or Common-Sewers or for the making amending or altering of any new or old Pavements or taking away of cross gutters or Channels in all or any of the Streets and places aforesaid and for the removing of all kind of Nusances or any Encroachment by Sheds Stalls Bulks Stoops Posts or Wall beyond the old Foundations into the Streets in such places which shall be adjudged inconvenient and to hinder the Passage Provided that such encroachments as are aforementioned which are Nusances Encroachments that have continued 30 years not to be removed but upon satisfaction to the parties that have continued above thirty years last past shall not be removed untill reasonable satisfaction shall be given by the said Commissioners to the party or parties that shall suffer thereby And if any person or persons that own the said Encroachments or shall not accept of such reasonable satisfaction as shall be tendred or offered by the said Commissioners appointed for the streets for the pulling down or removing such Nusances or Encroachments as have béen continued before the time aforesaid The Barons of the Exchequer to judg of satisfaction it refused upon tender Conviction for encroachments upon view and the penalty That then and in such cases of Refusal the Barons of the Exchequer upon a Petition preferred to them by the party grieved shall have power and are required by this Act to adjudg what satisfaction shall be fit for the said person or persons to receive for the removing or pulling down any such Nusances or Encroachment And to prevent for the future all manner of Timber and other irregular Buildings the said Commissioners or any five or more of them are hereby impowred to take a view of all such Nusances or Encroachments and irregular Buildings which said View shall be a good Conviction in Law and every person or persons having notice of the said View or Conviction and shall not remove or take down such Nusances or Encroachments within one month after notice shall forfeit forty shillings for every month the said Nusances or Encroachments shall afterwards continue And whereas the common High-wayes and new built streets hereafter mentioned are thought fit immediately to be repaired new-paved or otherwise amended namely the street or way from the end of Petty-France to St. James House Petti-France St. Iames. Street Pall-mall and one other street from St. James House up to the High-way and one other street in St. James Fields commonly called the Pall-mall and also one other street beginning from the Mews up to Pickadilly and from thence towards the Stone-bridg Air-street to the furthermost Building near the Bull at the corner of Air-Street Be it therefore Enacted That all and every person and persons owners or inhabitants of all and every the houses built upon or adjoyning to the said Wayes or Streets so adjudged and thought fit to be paved and repaired shall according to their several Interests and Estates and in such proportions as the said Commissioners or any five of them shall think fit before the first day of May One thousand six hundred sixty two pay unto the said Commissioners or any five or more of them so met as aforesaid which shall be nominated for the paving of the said wayes or to such person or persons as they shall appoint such sum and sums of money towards the paving of the said stréets or wayes and for the buying of new stones and gravel as shall amount to their several proportions after the rate of sixtéen pence for every square yard which the ground shall contain that lyes in front before every dwelling house yards or gardens belonging to the said dwelling house and in the same breadth extending to the middle of the High-way or stréet which lyes before the said houses yards or gardens belonging to the said dwelling houses respectively No Hackney-Coaches to be without License And for the better preserving of the said stréets and for defraying of the residue of the charge of the said Pavements Be it further Enacted That from and after the first day of May One thousand six hundred sixty and two no person or persons shall presume to drive excepting Stage-Coaches or let to hire by the hour or day or otherwise any Hackney-Coach or Coach-Horses within the Cities of London and Westminster or Suburbs of the same or within the Parishes comprised within the Bills of Mortality without an especial leave or license from such Commissioners as his Majesty shall appoint under the Great Seal for the Licensing and Regulating of Hackney-Coaches according to the particular Provisions and Limitations of this Bill and that no Horse Gelding or Mare to be used with such Coaches shall be under the size of fourtéen hands high according to the Standard and that the number to be licensed shall not excéed Four hundred and that every Coach so licensed shall have a mark of distinction by figure or otherwise as the Commissioners shall think fit to the end they may be known if any complaint shall be made of them And that no person shall be licensed to kéep more then two Coaches which Coaches shall have every of them several Figures or Marks of distinction in the same manner as if belonging to several persons and that no person shall presume to put the same figure or mark of distinction upon his Coach that is appointed for any other Coach under the forfeiture of five pounds for every such Offence one moyety whereof shall be to the Informer and the other moyety to be paid to the Commissioners that shall be appointed for the Paving and amending the Stréets Who may be licensed to keep Hackney-Coaches And the said Commissioners for the licensing and regulating of Coaches are to take especial care not to license any person to drive or kéep any Hackney-Coach or Coach-horses that useth any other Trade or Occupation and in the first place to license all such persons as have been ancient Coachmen or such Coachmen as have suffered for their Service and affections to his late Majesty or his Majesty that now is or the Widow or Widows of any of them that have Coaches of their own And in case the said Commissioners shall license more then the said number of Four hundred Coaches every of the said Commissioners so licensing shall forfeit the sum of one hundred pounds Hackney Coaches not to exceed 400 in number for every such Coach so licensed above the said number whereof twenty pounds to the Informer and the residue to be for the Repairing and
that are under 16 foot in length The Militia or the Isle of Purbeck Provided also And be it Enacted by the Authority aforesaid That the Militia of the Island of Purbeck shall remain separate from the County of Dorset as heretofore hath béen used And that his Majesties Lieutenant of the said Island and his Deputies or any thrée or more of them for the time being shall have power for the Levying Arraying Mustering and conducting of such number of Foot for the defence of the said Island in such manner and by such ways and means as heretofore hath béen used and also to use and execute within the said Island all and every the powers which by the true intent of this Act Power to his Majesty to raise 70000 l. per annum for three years upon occasion EXP. any of his Majesties Lieutenants or his or their Deputies or any of them might in any respective County use or execute Provided nevertheless And be it Enacted by the Authority aforesaid That in case of apparent danger to the present Government it shall and may be lawfull for His Majesty at any time or times that the same shall so happen during the space of thrée years from the five and twentieth day of June in the year One thousand six hundred sixty and two to raise such sum or sums of money for the defraying of the whole or such part of the Militia aforesaid as his Majesty shall find himself obliged to imploy in order to the quiet and security of this Nation the said sum not excéeding Seventy thousand pounds in one whole year And the same to be raised by his Majesties Lieutenants or in their absence as aforesaid by their Deputies in their respective Counties according to the rules and directions in an Act in this present Parliament For the raising of Eighteen moneths Assessment after the rate of Seventy thousand pounds per mensem as also to continue the space of thrée years from the aforesaid five and twentieth day of June and no longer Any thing in this Act or any other to the contrary notwithstanding Be it also Enacted That all Constables Tything-men or other Officer or Officers Such as have provided Parish Arms before the 24. of June 1660. how to be re-imbursed EXP. who since the Four and twentieth of June One thousand six hundred and sixty have paid or disbursed or before the settlement of the Militia to be established by vertue of this Act shall pay or disburse any moneys for buying of Arms or defraying of Charges of Souldiers set or to be set upon their respective Parishes shall be re-imbursed the same by those who have refused to pay their proportions thereof And in case he or they shall refuse to pay the same then to be levied by distress and sale of Goods rendring the Overplus to the Owner or Owners by Warrant under the Hand and Seal of the Lieutenant or Lieutenants or in his or their absence or otherwise by their direction when they are not absent of any two of their Deputies directed to the respective Constables Tything-men or other Officer or Officers aforesaid of their respective Parishes Provided alwayes And it is hereby further Enacted and Declared No man charged shall be forced to serve in person but may find a sufficient man for him That no person charged with the finding of Horse or Foot or with contributing thereunto as aforesaid shall be compellable to serve in his or their proper person but may according to such proportion as they are or shall respectively be charged by this Act find one or more fit or sufficient Man or Men qualified according to this Act to be approved by his or their Captain respectively subject nevertheless to be altered upon appeal to the Lieutenant or in his absence as aforesaid to his Deputy-Lieutenants or any two of them as there shall be cause And that every such person or persons so found and provided shall and hereby are required to serve as a Souldier and Souldiers in such manner and under such penalties as are before appointed in this Act No person listed may desert the service or be discharged or Altered but by leave upon reasonable cause And that every person or persons who shall serve in his or their own persons who are also to be approved of as aforesaid or such person or persons as shall be accepted in his or their stead shall at the next Muster of such Troop or Company in which he or they are to serve give in his or their Christian and Sir-names and places of abode unto such person as the Lieutenant or in his absence as aforesaid or by his direction when he is not absent any two Deputy-Lieutenants shall appoint to the end the same may be listed And that from thenceforth such person so listed shall not be exchanged or desert the said Service or be discharged thereof but by the leave and order of the Lieutenant or two Deputy-Lieutenants or his Captain upon reasonable cause subject nevertheless upon appeal to be determined as aforesaid first obtained in writing under his or their hands and seals under pain that such person departing from the said service without leave as aforesaid The penalty shall forfeit the sum of 20 l. to be levied upon his Goods and Chattels in such manner as is by this Act appointed for the levying of other penalties and for non-payment or want of distress then every such person to be committed to the Common Gaol of the the County for any time not excéeding thrée moneths without bail or mainprise any thing in this Act to the contrary in any wise notwithstanding Provided always and be it Enacted Proviso for the Tinners of Devon and Cornwall That nothing in this Act contained shall extend to put any new charge of Arms upon the Tinners in the Counties of Devon and Cornwall other then the Tax mentioned in the former Proviso But that the Lord Warden of the Stannaries for the time being in pursuance of his Majesties Commission in that behalf and such as he shall Commissionate and Authorize under him according to the Rules and Directions before mentioned in this Act shall and may have and use the like Powers and Array Assess Arm Muster and Exercise the said Tinners within the said Counties and either of them as hath béen heretofore used and according to the ancient Priviledges and Customs of the said Stannaries observing the Rules and Proportions appointed by this Act Any thing in this Act to the contrary notwithstanding Provided always And be it Enacted by the Authority aforesaid Proviso for the Militia of London That his Majesties Lieutenants that are or shall be Commissionated for the Militia of the City of London may and shall continue to list and levy the Trained Bands and Auxiliaries of the said City as to number and quality of the persons in such manner as was used in forming the present Forces now raised by his Majesties
used by Act of Parliament holden in the said first year of the said late Quéen 2 El. cap. 2. Entituled An Act for the Uniformity of Common Prayer and Service in the Church and Administration of the Sacraments very comfortable to all good people desirous to live in Christian conversation and most profitable to the Estate of this Realm upon the which the Mercy Favour and Blessing of Almighty God is in no wise so readily and plentifully poured as by Common Prayers due using of the Sacraments and often Preaching of the Gospel with Devotion of the Hearers And yet this notwithstanding a great number of people in divers parts of this Realm following their own sensuality and living without knowledg and due fear of God do Wilfully Schismatically abstain and refuse to come to their Parish-Churches and other publick places where Common Prayer Administration of the Sacraments and preaching of the Word of God is used upon the Sundays and other days ordained and appointed to be kept and observed as Holy-days And whereas by the great and scandalous neglect of Ministers in using the said Order or Liturgy so set forth and enjoyned as aforesaid great mischiefs and inconveniences during the times of the late unhappy Troubles have arisen and grown and many people have béen led into Factions and Schisms to the great decay and scandal of the Reformed Religion of the Church of England and to the hazard of many souls For prevention whereof in time to come for setling the Peace of the Church and for allaying the present distempers which the indisposition of the time hath contracted The Kings Declaration and Commission for reviewing the Book of Common Prayer and Alterations to be propounded therein The Kings Majesty according to his Declaration of the Five and twentieth of October One thousand six hundred and sixty granted his Commission under the Great Seal of England to several Bishops and other Divines to review the Book of Common Prayer and to prepare such Alterations and Additions as they thought fit to offer And afterwards the Convocations of both the Provinces of Canterbury and York being by His Majesty called and assembled and now sitting His Majesty hath béen pleased to Authorize and require the Presidents of the said Convocations and other the Bishops and Clergy of the same to re-view the said Book of Common Prayer and the Book of the Form and manner of the Making and Consecrating of Bishops Priests and Deacons And that after mature consideration they should make such Additions and Alterations in the said Books respectively as to them should séem méet and convenient And should exhibit and present the same to his Majesty in writing for his further allowance or confirmation since which time upon full and mature deliberation they the said Presidents Bishops and Clergy of both Provinces have accordingly re-viewed the said Books and have made some Alterations which they think fit to be inserted to the same and some Additional Prayers to the said Book of Common Prayer to be used upon proper and emergent occasions And have exhibited and presented the same unto his Majesty in writing in one 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 All which His Majesty having duly considered hath fully approved and allowed the same and recommended to this present Parliament that the said Books of Common Prayer and of the Form of Ordination and Consecration of Bishops Priests and Deacons with the Alterations and Additions which have béen so made and presented to His Majesty by the said Convocations be the Book which shall be appointed to be used by all that Officiate in all Cathedral and Collegiate Churches and Chappels and in all Chappels of Colledges and Halls in both the Vniversities and the Colledges of Eaton and Winchester and in all Parish-Churches and Chappels within the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed and by all that Make or Consecrate Bishops Priests or Deacons in any of the said places under such Sanctions and Penalties as the Houses of Parliament shall think fit Now in regard that nothing conduceth more to the setling of the Peace of this Nation which is desired of all good men nor to the honour of our Religion and the propagation thereof The Peace and Honour of Religion much advanced by Vniform agreement in the Publique Worship of God then an Vniversal argréement in the publique Worship of Almighty God and to the intent that every person within this Realm may certainly know the rule to which he is to conform in Publique Worship and Administrations of Sacraments and other Rites and Ceremonies of the Church of England and the manner how and by whom Bishops Priests and Deacons are and ought to be Made Ordained Consecrated Be it Enacted by the Kings most Excellent Majesty by the Advice and with the Consent of the Lords Spiritual and Temporal and of the Commons in this present Parliament assembled and by the Authority of the same That all and singular Ministers in any Cathedral Collegiate or Parish-Church or Chappel or other place of Publique Worship within this Realm of England Dominion of Wales and Town of Berwick upon Tweed The Book of Common Prayer shall be used shall be bound to say and use the Morning Prayer Evening Prayer Celebration and Administration of both the Sacraments and all other the Publique and Common Prayer in such order and form as is mentioned in the said Book annexed and ioyned to this present Act and 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 or manner of Making Ordaining and Consecrating of Bishops Priests and Deacons And that the Morning and Evening Prayers therein contained shall upon every Lords Day and upon all other dayes and occasions and at the times therein appointed be openly and solemnly Read by all and every Minister or Curate in every Church Chappel or other place of publique Worship within this Realm of England All Parsons Vicars and Ministers to read and declare their assent to use the same and places aforesaid And to the end that Vniformity in the publique Worship of God which is so much desired may be spéedily effected Be it further Enacted by the Authority aforesaid That every Parson Vicar or other Minister whatsoever who now hath and enjoyeth any Ecclesiastical Benefite or Promotion within this Realm of England or places aforesaid shall in the Church Chappel or place of publique
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
Westminster Winchester or Eaton or any of them other then what is prescribed and appointed to be used in and by the said Book And that the present Governour or Head of every Colledge and Hall in the said Vniversities and of the said Colledges of Westminster Winchester and Eaton within one month after the Feast of St. Bartholomew which shall be in the year of our Lord One thousand six hundred sixty and two And every Governour or Head of any the said Colledges or Halls hereafter to be elected or appointed within one month next after his Election or Collation and Admission into the same Government or Headship shall openly and publickly in the Church Chappel or other publick place of the same Colledg of Hall and in the presence of the Fellows and Scholars of the same Subscription to the 39 Articles mentioned in the Stat. 13 El. cap. 12. or the greater part of them then Resident Subscribe unto the Nine and thirty Articles of Religion mentioned in the Statute made in the Thirtéenth year of the Reign of the late Quéen Elizabeth And unto the said Book and declare his unfeigned assent and consent unto and approbation of the said Articles and of the same Book and to the use of all the Prayers Rites and Ceremonies Forms and Orders in the said Book prescribed and contained according to the form aforesaid And that all such Governours or Heads of the said Colledges and Halls or any of them as are or shall be in Holy Orders shall once at least in every Quarter of the year not having a lawful Impediment openly and publickly Read the morning Prayer and Service in and by the said Book appointed to be Read in the Church Chappel or other publick place of the same Colledge or Hall upon pain to lose and be suspended of and from all the Benefits and Profits belonging to the same Government or Headship by the space of Six months by the Visitor or Visitors of the same Colledge or Hall And if any Governour or Head of any Colledge or Hall Suspended for not Subscribing unto the said Articles and Book or for not Reading of the Morning Prayer and Service as aforesaid shall not at or before the end of Six months next after such suspension Subscribe unto the said Articles and Book and declare his consent thereunto as aforesaid or Read the Morning Prayer and Service as aforesaid then such Government or Headship shall be ipso facto void Who may use the Service in Latin Provided alwayes That it shall and may be lawful to use the Morning and Evening Prayer and all other Prayers and Service prescribed in and by the said Book in the Chappels or other publick places of the respective Colledges and Halls in both the Vniversities in the Colledges of Westminster Winchester and Eaton and in the Convocations of the Clergies of either Province in Latine any thing in this Act contained to the contrary notwithstanding Lecturers And be it further Enacted by the Authority aforesaid That no person shall be or be received as a Lecturer or permitted suffered or allowed to preach as a Lecturer or to Preach or Read any Sermon or Lecture in any Church Chappel or other place of Publick Worship within this Realm of England or the Dominion of Wales and Town of Berwick upon Tweed unless he be first approved and thereunto Licensed by the Archbishop of the Province or Bishop of the Diocess or in case the Sée be void by the Guardian of the Spiritualties under his Seal and shall in the presence of the same Archbishop or Bishop or Guardian Read the Nine and thirty Articles of Religion mentioned in the Statute of the Thirtéenth year of the late Quéen Elizabeth with declaration of his unfeigned assent to the same And that every person 13 El. cap. 12. and persons who now is or hereafter shall be Licensed Assigned Appointed or Received as a Lecturer to Preach upon any day of the week in any Church Chappel or place of Publick Worship within this Realm of England or places aforesaid the first time he Preacheth before his Sermon shall openly publickly and solemnly Read the Common Prayers and Service in and by the said Book appointed to be read for that time of the day and then and there publickly and openly declare his assent unto and approbation of the said Book and to the use of all the Prayers Rites and Ceremonies Forms and Orders therein contained and prescribed according to the form before appointed in this Act And also shall upon the first Lecture-day of every month afterwards so long as he continues Lecturer or Preacher there at the place appointed for his said Lecture or Sermon before his said Lecture or Sermon openly publickly and solemnly Read the Common Prayers and Service in and by the said Book appointed to be read for that time of the day at which the said Lecture or Sermon is to be preached and after such Reading thereof shall openly and publickly before the Congregation there assembled declare his unfeigned assent and consent unto and approbation of the said Book and to the use of all the Prayers Rites and Ceremonies Forms and Orders therein contained and prescribed according to the form aforesaid And that all and every such person and persons who shall neglect or refuse to do the same shall from thenceforth be disabled to preach the said or any other Lecture or Sermon in the said or any other Church Chappel or place of publick Worship until such time as he and they shall openly publickly and solemnly Read the Common Prayers and Service appointed by the said Book and Conform in all points to the things therein appointed and prescribed according to the purport true intent and meaning of this Act. Provided alwayes That if the said Sermon Lectures in Cathedral or Collegiate Churches or Lecture be to be Preached or Read in any Cathedral or Collegiate Church or Chappel it shall be sufficient for the said Lecturer openly at the time aforesaid to declare his assent and consent to all things contained in the said Book according to the form aforesaid And be it further Enacted by the Authority aforesaid The Penalty upon persons disabled that Preach 15 Car. 2. cap. 6. in fine That if any person who is by this Act disabled to preach any Lecture or Sermon shall during the time that he shall continue and remain so disabled preach any Sermon or Lecture That then for every such offence the person and persons so offending shall suffer Thrée months Imprisonment in the Common Goal without bail or mainprise And that any two Iustices of the Peace of any County of this Kingdom and places aforesaid and the Mayor or other chief Magistrate of any City or Town Corporate within the same upon Certificate from the Ordinary of the place made to him or them of the offence committed shall and are hereby required to commit the person or persons so offending to the
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-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
or Assessments shall not excéed in the whole above the sum of Six pence in the pound in any one year according to the real value of the same and Twenty pounds in Money Goods Stock or other personal Estate shall be rated equally to Twenty shillings a year in Lands And every such Assessment so made shall within Six days after be presented to some Iustice of the Peace near adjoyning to the Parish where it is made to be séen allowed and signed by him And after such Allowance every person so Assessed or Taxed that shall not within Twenty days after demand made by the Surveyors or one of them pay such sum or sums of Money Assessed on him or her or them unto the Surveyors or one of them shall forfeit and pay double so much as he she or they are Assessed to pay unless upon complaint made to the said Iustice of wrong done to such person by that Assessment the said Iustice shall think fit to alter the same And in case where common Nusances are in High-ways or where Ditches or Water-courses adjoyning unto High-ways are not scoured and dressed the said Surveyors shall sée the same reformed and the offenders punished according to Law deducting out of the Moneys so to be raised his reasonable Charges for prosecution And for the more effectual Mending the High-ways and Parish-Bridges and Stréets the Surveyors aforementioned shall yearly at the most convenient and fitting time betwéen the First of May and the last of August hire labourers Work-men Carts and Carriages for Amending the High-ways Stréets Parish-Bridges aforesaid and Water-courses and shall cause them to be well and sufficiently mended The Surveyors may charge Carts and Work-men And for the better effecting thereof Be it Enacted by the Authority aforesaid That the said Surveyors or any of them within their several Limits and Iurisdictions may yearly as he shall see cause and néed require direct and appoint every person and persons who by the former Laws and Statutes of this Realm are chargeable with Wayn or Cart 2 3. Ph. Mar. ca. 8. 5 El. ca 13. 18 El. ca. 10. to the amending of the High-ways and every other person and persons chargeable to come to labour at the said ways to send his or her Cart or Wayn and Team so furnished as by the Laws is directed or to come and work for the amending of the High-ways for so many days as by the Laws are appointed or for so many of them as the said Surveyors shall think néedful and appoint for which Teams work and labour the said Surveyors shall pay unto such workmen and Owner of such Teams Carts and Wayns according to the usual rate of the Countrey for such work as they shall do over and above what by the other Laws made for the amending the High-ways they are appointed to do And if any question shall arise about the value or worth of such work or labour for Man or Teams some Iustice of the Peace near adjoyning and not living in the said Parish shall determine what is fit to be allowed for such work Penaly upon such as refuse or neglect And in case any person so charged to send his or her Team to work as aforesaid shall refuse or neglect to do so such person so refusing or neglecting shall forfeit ten shillings for every day that he or she shall make such default and every Labourer Eightéen pence for such day that he neglects to work as aforesaid Provided That no person or persons occupying any Lands shall be Assessed and Taxed both for the said Lands and the Stock which he or they shall use or imploy upon the same In what cases High-ways may be Enlarged out of mens lands next adjoyning And be it further Enacted by the Authority aforesaid That it shall and may be lawful to and for the said Surveyors of the High-ways for the time being of every such Parish Town Village or Hamlet within their several Precincts from time to time by order from the Quarter-Sessions and upon the view and by the allowance or consent of two or more Iustices of the Peace of the County Authorized thereunto by the Sessions wherein such Parish Town Village or Hamlet shall lie under their hands and seals in writing where any common or publick High-way is not of the breadth of eight yards from the shoars and brinks of the Ditches on either side or from the banks and hedges where there are no Ditches to assign and lay out so much of any mans several Lands next adjoyning to the said Common and publick High-way where they shall think it néedful and it may conveniently be done as shall enlarge the said way to be the full breadth of eight yards or so much broader toward the bredth of eight yards then now it is as conveniently the place will bear from the said shoars Ditches Banks or hedges by the consent of the Owner or Owners of the said lands according to his or their respective interests therein or otherwise by order of the Iustices of Peace at their Quarter-Sessions after a Writ of Ad quod damnum first issued out and returned to assign and lay out a more new and commodious way in and over the said lands next or near adjoyning to the said common and publick High-ways the said Surveyors first giving such satisfaction for the said ground unto the respective owners of the same according to their several and respective Interest in the whole not excéeding Twenty years purchase Provided always That if any common or publick High-way or ways shall be so altered and changed as is aforesaid that then and in such case the same new Way or Ways as also any new Way or ways altered or to be altered by a Writ of Ad quod damnum shall from time to time be repaired and amended by such Parish or Parishes Town Hamlet or Village or by such person and persons and in such manner and form as the said old and former common or publick High-way or ways was or were to be repaired and amended Digging for gravel in wasts and Commons And be it further Enacted by the Authority aforesaid That where there is not sufficient Gravel Chalke Sand Cinders or Stones within any Parish Town Village or Hamlet to repair their common and publick High-ways it shal be lawful for the Surveyor and Surveyors and such person and persons as he or they shall appoint upon the allowance and approbation of any two Iustices of Peace within the said County to digg take and carry away Gravel Chalk Sand Cinders or Stones out of the Waste and Common of any Neighbouring Parish Town Village or Hamlet or upon the Sea-Coast without paying any thing for the same for the repairing and amending of the High-ways aforesaid so as they fill up the place within one moneth next ensuing if required by the Owner of the Soyl. Provided always and be it further Enacted by the Authority aforesaid
Liberty or Limit wherein the same lieth by distress and sale of the Goods as is aforesaid Accompts to be given by the Surveyors yearly of all Money raised for mending the High-ways And be it further Enacted by the Authority aforesaid That every person so Elected and taking upon him or them the Office of Surveyor or Surveyors as aforesaid shall within one moneth next after the expiration of the year wherein he executed the said Office as Surveyor of the High-ways make and yield up to the Inhabitants of the Parish Town Village or Hamlet at some publick Méeting to be appointed by the said Inhabitants a perfect Accompt in Writing under his and their Hands of all the Moneys he or they received or paid within his or their year for or by reason of his or their Office namely of whom and what received and to whom and what paid and what Moneys are in arrear and unpaid either for Assessments Fines Forfeitures Penalties and charitable Gifts and if any overplus be in his or their hands he or they shall return and pay the same to the next Surveyors or one of them for the use of the Parish Town Village or Hamlet to be disbursed in and about the High-ways in the following year And if the said Surveyor or Surveyors shall not make such an Account and Payment as before any two Iustices of the Peace living near to or in the said Parish shall and may upon complaint unto them made examine the business upon Oath and upon default found in the Surveyor or Surveyors shall and may commit him or them to the Common-Goal of that County City Riding Town-Corporate Liberty or Limit there to remain until he hath made a true and perfect Account and Payment as aforesaid Who may enquire hear and determine offences against this Act. And be it further Enacted That all and every Iustices of Assise Oyer and Terminer and Iustices of the Peace shall have power and authority and are hereby enabled and impowred to inquire after hear and determine all matters concerning charitable Gifts for the making amending and kéeping in repair any Common High-ways Pavements Stréets and Cawseys within the limits of their Commission and to make Orders therein for the due imployment of such charitable gifts according to the true intent and meaning of the Donors thereof Except gifts to the aforesaid uses made to any Colledg Hall Frée-School or Hospital which have Visitors of their own and also to hear and determine all offences defaults and defects in Surveyors or others concerning the premisses Appeal allowed to persons grieved 43 El. cap. 4. In what cases only a Certiorari may be allowed to remove any Indictment c. upon this Act. Provided That if any person be agrieved with such Order they shall have liberty to appeal to the Court of Chancery as in the case of a Decrée made upon the Statute of Charitable Vses And be it further Enacted by the Authority aforesaid That from and after the First day of May One thousand six hundred sixty and two no Certiorari shall be allowed to remove any Information Indictment Presentment Order or other procéedings in the Quarter-Sessions of for or concerning any matter or thing in this Act unless the party or parties against whom any such Information Indictment Presentment Order or other procéedings shall be had by vertue of this Act shall before the allowance of such Certioraries become bound to the person or persons prosecuting in the sum of Forty pounds with such sufficient sureties as the Iustices of Peace at their said Quarter-Sessions of the Peace shall think fit with condition to pay unto the said prosecutors within one moneth after the conviction of such parties indicted their full costs and damages to be ascertained upon their Oaths and that in default thereof it shall be lawful for the said Iustices to procéed to trial of such Indictments any such Writs of Certiorari to remove the same Indictments notwithstanding Laycock Bridge in Com. Wilts And whereas at a general Quarter-Sessions held for the County of Wilts It was at the humble Petition of the Petitioners of Laycock and other Inhabitants of the said County Ordered That one ancient Bridge called Foot-Bridge leading thorow the said Parish betwéen London Bath and Bristol being more commodious for all Passengers than on◠other Bridge in the said Parish called Rey-Bridge should be repaired and made passable for all Carts Waggons and Carriages with the Materials of Rey-Bridge which was thereby Ordered to be taken down which Order was accordingly put in execution in the said County and Parish Be it therefore Enacted by the Authority aforesaid That the said Parishioners and all others imployed by them in the pulling down the said Bridge called Rey-Bridge and imploying the Materials thereof as aforesaid shall be and are hereby indemnified from all suits troubles and molestations whatsoever touching or concerning the same and that the said Parishioners of Laycock and other the aforesaid Inhabitants shall not hereafter be compelled by Information or Indictment or any other way be made chargeable with the re-building of the said Bridge called Rey-Bridge otherwise than for the maintaining the said Bridge sufficient for Horse and Pack as it now stands any Law or Statute to the contrary in any wise notwithstanding Wildes of Surrey Sussex Kent Provided likewise and be it Enacted That this Act shall not extend to exempt any Owner Farmer or Lessée of any Iron work or other person within the Wildes of the Counties of Surrey Sussex or Kent for carrying so many load of Cinder Gravel Stones and other materials or contributing such sums of money towards the amending and repairing of the High-ways as they are obliged to by any former Acts. 14 15 H 8. cap. 6. 39 El. ca. 19. And be it further Provided and Enacted That where the Iustices of the Peace of any County at their General Quarter-Sessions or any two of such Iustices near to any Parish Township or Hamlet shall be fully satisfied that the High-ways and Bridges within the same may and will be sufficiently amended and repaired according to former usage without the help of this Act that then and in such Cases only there shall no Assessment be made within the same for and towards their reparations by vertue of this Act. Provided always And be it further Enacted by the Authority aforesaid That the Iustices of Peace of the County of Middlesex in their publick Sessions of the Peace shall have power and authority to make Orders for erecting or setting up a new Bridge of Brick or Stone fitting for the passage of Carts and Carriages in the room and place of a Bridge now only passable for Foot and Horse called Stratford-Bridge in the Parish of Hillingdon in the said County Stratford Bridge Hillingdon Middlesex or in some other more convenient place near thereunto at the present charge of the whole County for the erecting of the same but
or persons which he hath forfeited by the Statute aforesaid made in the nine and thirtieth year of the Quéen And whereas Constables Headboroughs or Tithingmen are or may be at great charge in relieving conveying with Passes and in carrying Rogues Vagabonds and sturdy Beggars to Houses of Correction or the Work-houses herein mentioned and as yet have no power by Law to make Rates to reimburse themselves Be it therefore Enacted by the Authority aforesaid That all Constables Headboroughs and Tithingmen so out of purse as aforesaid together with the Church-wardens and Overséers of the poor and other Inhabitants of the said Parish shall hereby have power and Authority to make an indifferent Rate Power to make rates and to tax all the Occupiers of Lands and Inhabitants and all other persons chargeable by the Statute of the thrée and fortieth of Elizabeth concerning the Office and Duty of Overséers for the poor within the said Parish which Rate being confirmed under the hands and Seals of any two Iustices of Peace 43 El. cap. 2. as aforesaid the said Constable Headborough or Tithingmen shall have power by Warrant under the hands and Seals of two Iustices of Peace to levy by distress and sale of the goods of any person or persons refusing to pay the same rendring the overplus to the Owner if any shall be Putative fathers of Bastard-children running away how to be proceeded against And whereas the putative Fathers and lewd Mothers of Bastard-Children run away out of the Parish and somtimes out of the County and leave the said Bastard children upon the charge of the Parish where they are born although such putative Father and Mother have Estates sufficient to discharge such Parish Be it therefore Enacted by the Authority aforesaid That it shall and may be lawful for the Church-wardens and Overséers for the poor of such Parish where any Bastard-Child shall be born to take and seise so much of the Goods and Chattels and to receive so much of the Annual Rents or profits of the Lands of such putative father or lewd mother as shall be ordered by any two Iustices of Peace as aforesaid for or towards the discharge of the Parish to be confirmed at the Sessions for the bringing up and providing for such Bastard-Child And thereupon it shall be lawful for the Sessions to make an Order for the Church-wardens or Overséers for the poor of such Parish to dispose of the goods by Sale or otherwise or so much of them for the purposes aforesaid as the Court shall think fit and to receive the rents and profits or so much of them as shall be ordered by the Sessions as aforesaid of his or her Lands Persons sued for matters in this Act may plead the General Issue And if any person or persons shall be sued for any matter or thing which he shall do in execution of this Act he may plead the General Issue and give the special matter in Evidence And if the Verdict shall pass for the Defendant or if the Plaintiff be Nonsuited or Discontinue his Suit the Defendant shall recover treble Damages Lancashire Cheshire Derbyshire Yorkshire Durham Cumberland Westmerland 43 El. cap. 2. Whereas the Inhabitants of the Counties of Lancashire Cheshire Derbyshire Yorkshire Northumberland the Bishoprick of Durham Cumberland and Westmerland and many other Counties in England and Wales by reason of the largeness of the Parishes within the same have not nor cannot reap the benefit of the Act of Parliament made in the thrée and fortieth year of the Reign of the late Quéen Elizabeth for relief of the poor Therefore be it Enacted by the Authority aforesaid That all and every the poor néedy impotent and lame person and persons within every Township or Village within the several Counties aforesaid shall from and after the passing of this Act be maintained kept provided for and set on work within the several and respective Township and Village wherein he she or they shall inhabit or wherein he she or they was or were last lawfully setled according to the intent and meaning of this Act and that there shall be yearly chosen and appointed according to the rules and directions in the said Act of the thrée and fortieth year of Quéen Elizabeth mentioned two or more Overséers of the poor within every of the said Townships or Villages who shall from time to time do perform and execute all and every the Acts powers and authorities for the necessary relief of the poor within the said Township or Village and shall lose forfeit and suffer all such pains and penalties for non-performance thereof as is limited mentioned and appointed in and by the said in-part-recited Act. And be it further Enacted by the Authority aforesaid That the Iustices of Peace within the said Counties shall have and enjoy such and the like powers and authorities to raise and levy moneys and to do and execute all and every such other Act and thing whatsoever within every Township or Village within the said County where they are Iustices as is given limited and appointed unto and for them to do and execute within any Parish or Parishes in and by the said Act made in the said thrée and fortieth year of the said late Quéen Elizabeth under such and the like pains and penalties for the non-performance of their Duties to be levyed and disposed of as is nominated and expressed in the said Act. Power of the Iustices to transport rogues and vagabonds Provided alwayes and be it Enacted by the Authority aforesaid That it shall and may be lawfull for the Iustices of Peace in any of the Counties of England and Wales in their Quarter-Sessions Assembled or the major part of them to Transport or cause to be Transported such Rogues Vagabonds and sturdy Beggars as shall be duly convicted and adjudged to be incorrigible to any of the English plantations beyond the Seas Proviso for the Dean and chapter of Westminster Provided also That neither this Act nor any thing therein contained shall extend to be or be construed expounded or taken to the prejudice or infringement of any the franchises rights liberties or priviledges heretofore granted by the Kings and Quéens of this Realm his Majesties Royal Predecessors to the Dean and Chapter of the Collegiate Church of St. Peter in Westminster The continuance of divers parts of this Act. Provided always That this Act as to all the matters therein contained excepting what relates unto the Corporations mentioned and constituted thereby shall extend and be in force untill the nine and twentieth day of May One thousand six hundred sixty five and the end of the first Session of the next Parliament then next ensuing and no longer CAP. XIII Importation of Forreign Bonelace Cut-work Imbroidery Fringe Band-strings Buttons and Needle-work prohibited VVHereas great numbers of the Inhabitants of this Kingdom are imployed in the making of Bonelace Band-strings Buttons Néedlework Fringe and Imbroideries who
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
and by Authority thereof that from and after the Feast of St. Michael the Arch-angel which shall be in the year of our Lord One thousand six hundred sixty and two for and during the term of Five years next ensuing the date of this present Act it shall and may be lawful for the respective Iustices of Peace of the said respective Counties or the major part of them at any General Sessions of the Peace to be holden for the said Counties respectively on the behalf of the said Counties or either of them from time to time as they shall sée occasion to make an Order in open Court of Sessions for charging according to their several Proportions all and every the several Inhabitants of the said respective Counties for the safeguard and securing of the said severall Counties and Inhabitants thereof from all injury violence spoil and rapine of the Moss-Troopers aforesaid Provided That the said County of Northumberland be not by force of this Act at any time charged above the sum of Five hundred pounds in the year nor the said County of Cumberland charged above the sum of two hundred pounds in the year And for this end and purpose the said several Iustices of Peace of the respective Counties aforesaid are hereby impowred and authorized at any their General Quarter Sessions aforesaid to appoint and imploy from time to time if occasion require any person or persons to have the Conduct and Command of a certain number of men not excéeding the number of Thirty men in the County of Northumberland and Twelve in the County of Cumberland whereby the Malefactors aforesaid may be searched out discovered pursued apprehended and brought to tryal of the Law And all and every the said Iustices of Peace of the respective Counties aforesaid or the major part of them at any General Sessions of the Peace to be holden for the said Counties or either of them respectively are hereby further impowred and authorized by force of this present Act to make and issue forth their respective Warrants under their hands for the levying and collecting any sum or sums of money ordered to be paid for and towards the safeguard and securing of the said Counties respectively as aforesaid and to give full power to the several Constables and other Officers to raise levy and collect the said money and all and every the Inhabitants of the said several Counties according to their respective proportionable Estates in Lands or Goods by Distress and Sale of Goods rendering the overplus if there be any to the respective Owner or Owners And the said Iustices of Peace in the said several Counties or any one of them respectively are hereby also authorized to examine any Complaint made against the Collectors and Constables or any other Officers or Ministers of Iustice whatsoever or any of them or any other refractory person or persons whatsoever that at any time hereafter shall refuse neglect or fail to give obedience to this Act or shall do any act or acts in disturbance or obstruction thereof and to bind over such person or persons to the next Quarter Sessions according to the known Laws of the Land to the end such person or persons may be procéeded withall according to Iustice And the said respective Iustices of Peace as aforesaid are hereby further Impowred and Authorized on behalf of the said several Counties respectively to appoint a Treasurer to receive from the said Collectors the Moneys by them Collected and to pay over the same according to the Orders they shall receive from the said Iustices at the General Sessions of the Peace to be holden for the said respective Counties And the said Iustices are also Impowred to agrée and article with such person or persons yearly as they shall think fit to imploy in the said Service and to take sufficient Security of them for the faithful and most effectual performance thereof for the best safeguard advantage and benefit of the people according to the true intent and meaning of this Act. And in case any person or persons shall in pursuance of this Act be imployed in the Border-Service and shall at any time hereafter wilfully and corruptly or for any sinister respect whatsoever neglect or forbear to Discover or Apprehend or to bring to Tryal any of the said persons called Moss-Troopers as aforesaid and shall be convicted thereof according to Law he or they shall from thenceforth be disabled and made uncapable for ever after to manage or take upon him or them the said Imployment and to suffer such Fine and Imprisonment according to the quality of his or their offence as the Iustices of Peace at their General Sessions shall think fit to inflict Provided nevertheless and be it hereby Declared That it shall be lawful for the Iustices of Peace of either of the said Counties as aforesaid respectively at any time hereafter to moderate or lessen the said charge if they sée cause Provided that this Act shall continue and be in force for five years and no longer Provided always and be it further Enacted by Authority aforesaid That for better suppression and punishment of the said Moss-Troopers flying out of England into Scotland or out of Scotland into England 4 Jac. cap. 1. 7 Jac. cap. 1. the Statutes made in the several Sessions of Parliament in the Fourth and Seventh years of King James shall be revived and put in execution according to their true intent 18 Car. 2. cap. 3. Continued for Seven years from the expiration of this Act. CAP. XXIII An Additionall Act concerning matter of Assurance used amongst Merchants WHereas by an Act of Parliament made in the Thrée and fortieth year of the Reign of Quéen Elizabeth of happy memory 43 El. cap. 12. Entituled An Act concerning matters of Assurances used amongst Merchants Encouragement of Merchants and Trade The Parliament then taking into Consideration by all good means to comfort and encourage the Merchants of this Kingdome thereby to advance and increase the Wealth of this Realm her Majesties Customs and the strength of shipping and for preventing of divers mischiefs in the said Act mentioned It was Enacted That it should and might be lawful for the Lord Chancellor or Lord Kéeper of the Great Seal of England for the time being to award forth under the Great Seal of England one general or standing Commission to be renewed yearly at the least and otherwise so often as unto the Lord Chancellor or Lord Kéeper should séem méet for the hearing and determining of Causes arising on Policies of Assurance such as then were or then after should be entred within the Office of Assurance of the City of London which Commissions should be directed to the Iudge of the Admiralty for the time being the Recorder of London for the time being Two Doctors of the Civil Law Two Common Lawyers and eight grave or discréet Merchants or any five of them which Commissioners or the greater part of them which
Wardens and Assistants for the time being or any Thirtéen of them whereof there shall be One of the said Iustices or One of the said Masters at the least alwayes present shall have Times and places of their meeting and hereby have Power and Authority from time to time to méet and kéep Court upon the first Saturday in every moneth in every year for the ends in this Act mentioned within the said Town of Leeds at the place commonly called or known by the name of the Sessions-House or Common Hall in Leeds aforesaid And also at such other time and place of the said West-Riding as shall from time to time be appointed by the said Iustices Masters Wardens and Assistants or any Thirtéen of them upon eight days notice or warning to be given of such méeting and Court to be held And in case that the Masters Wardens and Assistants or the major part of them shall refuse or neglect to appear so as a Court cannot be holden accordingly as is before directed That then such Master Warden or Assistant so refusing or neglecting shall forfeit the sum of Twenty shillings the one moyetie to the use of the Poor of such respective Town where the person so refusing or neglecting shall live the other moyetie to the use of the Corporation And the said Iustices Masters Wardens and Assistants or any Thirtéen of them are hereby impowered to summon to appear at the said Courts to be held as aforesaid so many of the said Clothiers as they shall in their discretions think méet for the better ordering the Affairs of the said Trade who are hereby required to appear upon such Summons the number of which Persons so Summoned shall not be under Eight and forty And in case of neglect or refusal are to forfeit to the use of the said Corporation the sum of Ten Groats for every default of not appearing to be levied as is hereafter directed And the said Iustices Masters Wardens and Assistants or any Thirtéen of them whereof One of the said Iustices or One of the said Masters to be present as aforesaid shall have Power to appoint a Comon Seal and to make orders and By-laws and hereby have Power and Authority from time to time to make and appoint a Common Seal for the use of the said Corporation and to Make and Ordain By-laws Rules and Ordinances for and concerning the better Spinning Working Making Fulling and Milling of Wollen Cloth as in their Iudgements and Discretions may tend to the good Credit and Advancement of the said Trade and Manufacture the same not being contrary to Law which By-laws Rules and Ordinances being Ratified and Confirmed by the Iustices of Assize to be holden for the County of York shall be Published Four times in the year at the least at Four publique méetings or Courts viz Vpon the first Saturday in June the first Saturday in September the first Saturday in December and the first Saturday in March and shall be obeyed and kept by the several persons within and under the said Regulation or Corporation Penalty for not Conforming to By-laws And the said Courts constituted as aforesaid shall have and hereby have power to impose a Fine and Penalty upon any person or persons of the said Corporation or Regulation being a Clothier that shall not conform to such Rules Orders and Ordinances so made as aforesaid Prouided That the said Fine or Penalty of any person for not conforming as aforesaid excéed not the sum of Twenty shillings for one offence the full moyety or one half of the said Fines and Penalties to go to the use of the said Corporation and the other half or moyetie to the use of the Poor of the Parish where such person so offending may be dwelling and inhabiting And be it further Enacted by the Authority aforesaid That the said Iustices Masters Power to appoint searchers of Cloth Wardens and Assistants or any thirtéen of them shall have power to nominate and choose Searchers of Cloth in the several places of the said West-Riding who shall be sworn before them or any thirtéen of them in manner aforesaid for the true searching of Cloth that it be of a due weight length and breadth according to the Statute And in regard the nature of Cloth is much changed in these late years and that the new Drapery is now most in use for which sort of Cloth there is no certain Standard for length weight The new Drapery most in use and breadth appointed by any Statute Be it therefore Enacted by the Authority aforesaid That the length weight and breadth of the said new Draperies of broad Woollen Cloth made within the said West-Riding be and shall be as is hereby limited and appointed viz That every Cloth called by the name of an End or half Cloth shall be betwixt fiftéen yards and eightéen yards in length in the water and not to excéed and one yard and an half in breadth at the least within the Lists And every Cloth Commonly called a Short Cloth betwéen twenty four yards and twenty eight yards in length in the water and not to excéed and one yard and an half in breadth at the least within the Lists And every Long Cloth so called betwixt thirty yards and thirty six yards in length in the water not to excéed a yard and an half in breadth at the least within the Lists And that every yard of such Cloth shall weigh respectively two pounds and a quarter accounting sixtéen Ounces to the pound being well thicked scoured misled and fully dryed And that the said Searcher shall according to his Oath duly try and examine by weight or by water all broad Woollen Cloths of what sort soever made within the said West-riding and shall affix thereunto a Seal of Lead expressing the true length and weight thereof And in case any of the said Cloths be found faulty upon trial and examination the said Iustices Masters Wardens and Assistants or any thirtéen of them shall have power to impose such Fine and Penalty upon the Offenders as by the Laws and Statutes of this Realm in that behalf are or ought to be imposed upon them for such defaults the one third part of all such Fines and Penalties to be disposed of to the use of such Searcher or Searchers certifying the said Default of Length Weight or Breadth and the other two parts to the Poor of the Parish where such offence shall be committed to be recovered in such manner as is limited and appointed by the Statute made in the One and twentieth Year of the late King James Ch. 18. And that all and every such Searcher and Searchers so chosen as aforesaid 21 Jac. cap. 18. shall before he or they enter upon the execution of the said Office take the Oaths of Allegiance and Supremacy and also the Oath ensuing which Oath the Iustices Masters Wardens and Assistants or any thirtéen of them as aforesaid have
the quantity and quality of the Béer Mingling of strong and small worts Ale or Worts found in his Tun and other Brewing Vessels convert any part of his small Béer or small Worts so taken accompt of into strong Béer or Ale by mingling letting down or striking over any such strong Ale or strong Worts into which or amongst any such small Béer or small Worts and shall sell deliver out or retail the same or any part thereof without giving notice to the same Gager or Gagers of the quality so mingled and converted as aforesaid or if any such Brewer or Retailer as aforesaid shall after the said time hide conceal or convey any Béer Ale or Worts not Gaged from the sight or view of the Gager or Gagers appointed to take accompt of the same whereby the Kings Majesty or His Commissioners or Farmers shall or may be defrauded in any manner of wise of the Duties due for the same or any part thereof every such common Brewer Victualler and Retailer for every Barrel of Béer or Ale by him or them so mingled converted sold delivered hid concealed or conveyed away contrary to the true intent and meaning hereof shall forfeit and lose the sum of Twenty shillings to be levied and recovered in manner and form as in and by this present Act is hereafter Ordained and appointed And be it further Declared and Enacted That all and every the Brewing-Vessels Brewing-Vessels and Vtensils subject to the debts and penalties of Excise and Vtensils for Brewing into whose hands soever the same shall come by what Conveyance or Title soever the same be claimed shall be liable and subject unto and are hereby charged with all and singular the Debts and Duties of Excise in arrear and owing by any person or persons for any Béer or Ale made within the said Brew-house and shall also be subject to all Penalties and Forfeitures incurred by such person or persons so using the said Brew-house for any offence against the Laws and Statutes for Excise And that it shall be lawful in all cases to levy Debts and Penalties and use such procéedings against the Vtensils therein contained as it may be lawful to do in case the Debtor or Offender using the said Vtensils had been truly and really Owner and Proprietor of the same And be it further Enacted by Authority aforesaid That after the first day of September Brewers that brew for other Brewers no common Brewer of Béer or Ale nor any other person whatsoever who hath or shall compound for the Duties of Excise for Béer or Ale by him brewed or to be brewed shall during the term of such Composition Brew or make or suffer or permit any Béer or Ale to be brewed or made within his Brew-house for any other common Brewer whatsoever without first giving notice as well of every particular brewing as of the quantity and quality of the Béer and Ale at every such Brewing intended to be brewed and made unto the respective Commissioners Farmers or Sub-Commissioners of Excise within the Districts of whose Office such common Brewer doth or shall inhabit and forthwith paying down unto the said respective Commissioners Farmers or Sub-Commissioners the full Excise of all the said Béer and Ale upon pain that as well the Brewer who shall brew the same as the Brewer for whom the said Beer or Ale shall be brewed shall forfeit and lose for euery Barrel the sum of Five pounds the one moyety to the Kings Majesty and the other moyety to the Informer that shall sue for the same in any Court of Record And be it further Enacted by Authority aforesaid That from and after the said first day of September no person or persons shall be permitted to sell or retail any Coffée Chocolate Coffee Chocolate Sherbet Tea Sherbet or Tea without License first obtained and had by Order of the General Sessions of the Peace in the several and respective Counties Certificate being first shewed that they have given good Security for the due payment of their dues to the King or the chief Magistrate of the place in whose Iurisdiction he or they do or shall inhabit or dwell for the Selling or Retailing of the same Nor shall any License be granted to any Retailer until Security first given by Recognizance or otherwise For which License Recognizance and Security Twelve pence shall be given and no more for the payment of the Excise And every person or persons Selling or Retailing any of the said Liquors without License had and Security given as aforesaid shall forfeit and lose the sum of Five pounds for every moneth he or they shall continue Selling or Retailing the same And be it further Enacted by the Authority aforesaid Gagers may take no bribes nor rewards to make false returns That from and after the said first day of September no Brewer or other person whatsoever shall Bribe or Corrupt or give any Money Fée or other Reward whatsoever to any Gager or Gagers or other Officer whatsoever to make any false Return or Report into the Office of Excise of any Béer Ale or other Liquors Exciseable made or brewed or to be made or brewed within his or their Charge Division or Walk or to forbear or omit the doing or executing of his or their Places or Imployments upon penalty of Ten pounds for every such Offence And that no Sworn Gager or Gagers or other Officer whatsoever shall directly or indirectly take and receive any Bribe Money Fée Gift or other Reward of any Brewer or other person whatsoever for any cause or matter relating to the Excise upon Penalty that every such Sworn Gager or other Officer so offending shall for every such offence forfeit and lose the sum of Ten pounds All and every of which said respective offences shall be proved by the Oaths of Two lawful and credible Witnesses before Two Iustices of the Peace or chief Magistrate of the place where such offence shall be committed which said Iustices or Magistrates respectively have hereby power to administer the said Oaths and also to Examine Adjudge and Determine the same and to cause such Penalties by Warrant under their hands and seals to be levied by Distress and Sale of the Offenders Goods rendring to the Party the overplus and for want of such Distress to commit every such Offender to the Common Gaol of such County or Place there to remain by the space of Thrée Moneths without Bail or Mainprize And for the better Levying and Collecting the Duties of Excise upon all Foreign or Imported Liquors Be it Enacted by Authority aforesaid Foreign Liquors imported to be duly entred That no such Foreign or Imported Liquors shall be landed or put on shore out of any Ship or Vessel from beyond the Seas before due Entry be first made thereof with the Officer and Collector appointed for the Excise in the Port or Place where the same shall be Imported or before the Duty of Excise due
for fishing in New-found-land The penalty shall burn destroy or steal any Boat Cask Salt Nets or other Vtensils for Fishing or making of Oyl or other goods or Merchandize left in any Harbour in New-found-land or Greenland by English or burn pull down or destroy any house built by English in New-found-land or Greenland to live in during the Fishing season or Stage built by them in either of the said places for the saving or ordering of Fish or making of Oyl upon pain of the loss of double the value of what shall be by them stoln burnt or destroyed to be recovered in any of his Majesties Courts in New-found-land or Greenland respectively or in any Court of Record in England by Bill Plaint or other Action wherein no Essoign Protection or Wager in Law shall be allowed A repeal of the Statute concerning Madder 14 Car. 2. c. 30 And whereas upon the humble Petition and complaint of the Merchants and Salters of the City of London it doth appear That some sorts of Madder very useful for Dying cannot be Imported so pure and clean as by one Act passed the last Session of this present Parliament Intituled An Act for the Importation of Madder pure and unmixed is directed and appointed Be it Enacted and it is hereby Enacted by the Authority aforesaid That the said Act and every Clause and Thing therein contained be from henceforth utterly void and repealed to all intents purposes and Constructions whatsoever CAP. XVII An Act for setling the Dreining of the Great Level of the Fenns called Bedford Level VVHereas certain Moors Marshes Fenny and Low surrounded Grounds within the Counties of Northampton Norfolk Suffolk Lincoln Cambridg and Huntington and the Isle of Ely were called the Great Level of the Fenns And after several fruitless undertakings for Dreining the same were upon the Desires of many persons of Worth and Interessed in the same declared to be a Great and Noble Work and of much Concernment to the whole Countrey and at their earnest desire undertaken to be Dreined by Francis late Earl of Bedford according to a Law of Sewers made at Kings Lynne in the sixth year of the Reign of the late King Charles of glorious memory which said Level is bounded as followeth viz. Eastward from the Bridg and Cawsey of Stoake unto Brandon-Bridg upon the Vplands of Northold Methold Feltwell Hockwold and Wilton in the County of Norfolk and from Brandon-Bridg unto the end of Worlington-Load upon Mildenhall River The great level of the fens how bounded upon the Vplands of Brandon the Low grounds of Wainsford excluding the same the Vplands of Sakingheath the Low grounds of Earsewell excluding the same And the Vplands of Mildenhall in the County of Suffolk Southward from Worlington-Load unto Burwell Block upon the Vplands of Freckingham Istham Fordham Soham and Wickin in the County of Cambridg and excluding the Low grounds of Burwell Landward and other places lying Eastward from Burwell Block aforesaid and from thence unto the Mill near Anglisey Abby upon the Vplands of Burwell Reach Swaffham Pryor Swaffham Bulbeck and Botsham in the County of Cambridg and from thence unto the Ferry-place at Clayhith upon the Vplands called Quyhall the Low Ground called Low-Fenne and the Vplands of Hormingsey and Clayhith in the said County excluding the Low grounds called Low Fenne and Offenne and from the said Ferry-place unto Over-Load upon the Vplands of Water-Beach Cottenham Rampton Winelingham and Over in the said County of Cambridg and upon the Low grounds of Swacy in the said County excluding the same Westward from Erith unto the Dam lately made upon the River Neane near Standground upon the Vplands of Somersham and the Soake thereof Warbois Wistow Berry Ramsey Upwood Raveley Wood-walton Sawtrey Connington Glatton and Holme Caldecott Denton Stilton Yaxley Fasset and Standground in the County of Huntington excluding the Low grounds lying on the North side of the River of Owse above Erith and from the said Dam unto Peterborough Bridg upon the said River of Neane and from thence unto the Ferry-place near Waldron Hall upon the Vplands of Peterborough and the Soake thereof in the County of Northampton and Northward from the said Ferry-place near Waldron Hall unto Crowland Bridg upon the River of Welland and from thence to Dowsedale upon the Bank of Great Porland and from thence unto Guyhurne upon the Southea Bank and from thence unto Tilnehurne upon the Bank of the Fenne Ground called Waldersea and from thence unto Elme Leame at Grangers House upon the Bank of the Fenne Ground called Coldham and from thence unto the River of Neane near Thurlings in Upwell upon the Bank of Needham called Bishops Dike and from thence unto Weil Creek at the North-west corner of Wassingham Fenne upon the Bank of the Grounds in Upwell and Outwell called Playfield and Churchfield excluding the aforesaid Fennes and Grounds called Waldersea Coldham Needham Playfield and Churchfield and from thence unto Salters-Load upon the New Podyke Bank and from thence unto the mouth of the River Wissey upon the River Owse and from thence unto Helgey Bridg upon the River Wissey and from thence unto the Vplands at the end of the Bank of the Grounds late of Edmond Skipwith Esquire deceased upon the said Bank and from thence unto Stoake Bridg upon the Vplands of Roxham Deereham Weereham Wretton and Stoake in the said County of Norfolk Except the imbanked Grounds late of Edmond Skipwith Esquire lying on the North side of the River of Owse And whereas the said Francis late Earl of Bedford was to have for his recompence of effecting that difficult work onely Ninety five thousand Acres of the said Grounds with convenient High-wayes and Passages to the same And the New River Cutts and Dreynes to be made by the said Earl and his Assigns and the Banks of the same and the Forelands in the inside of the said Banks not to exceed Sixty foot in breadth Which was a work of so Great and Publick Concernment that his said late Majesty gave great Encouragement to the said Francis late Earl of Bedford and others whom he had taken in to be Adventurers and Participants with him therein upon the Covenants Conditions and Agréements contained and specified in and by a certain Indenture of Fourtéen parts bearing date the seven and twentieth day of February in the seventh year of the Reign of his said late Majesty and his Royal Assurance to further it by his Concurrence to an Act of Parliament for establishing thereof and did by Letters Patents under the Great Seal of England Incorporate the said late Earl his Adventurers and Participants to have Succession for ever and in order to the effecting thereof the said late Earl and his Adventurers and Participants bestowed great sums of money for perfecting the same and after his death and some interruptions William now Earl of Bedford son and heir to the said Earl Francis with divers of his Adventurers and Participants
by colour of a pretended Act of Parliament of the nine and twentieth day of May in the year of our Lord One thousand six hundred fourty and nine procéeded in the compleating and finishing the said Works And the Commissioners appointed by that pretended Act did adjudg the same Dreyned but the same cannot be preserved without a perpetual constant care great charge and Orderly Government which being represented to the Kings most Excellent Majesty that now is He hath béen gratiously pleased to declare more then an ordinary willingness to promote and countenance a Work of so Publick Concernment and many ways advantagious to this his Kingdom To the end therefore that a work of this Nature may receive a Publick Support and Encouragement Be it Enacted by the Kings most Excellent Majesty with the Advice and Assent of the Lords Spiritual and Temporal and Commons in this Parliament Assembled and by the Authority of the same That the said William Earl of Bedford son and heir of the said Francis Earl of Bedford The Earl of Bedford and Adventurers made a Corporation for the Fens and the Adventurers and Participants of the said Earl Francis and Earl William or either of them their Heirs and Assigns in such manner as is herein contained shall be a Body Politick and Corporate in Déed and Name and have Succession for ever by the Name of the Governor Bailiffs and Commonalty of the Company of Conservators of the Great Level of the Fens which Corporation shall consist of one Governor six Bayliffs twenty Conservators and Commonalty and shall have and use a Common Seal to be appointed by themselves and assemble and meet together when where and as oft as they please and appoint a Register Receiver one or more Sergeants at Mace and other Officers and allow them Salaries and remove them and make new at their pleasure And the said William Earl of Bedford is to be the first Governor The Earl of Bedford Governour The Bayliffs Richard Lord Gorges Sir Richard Onslow Knight Sir William Terringham Knight of the Bath Samuel Sandys Thomas Chichely and Samuel Fortrey Esquires the six first Bailiffs Sir Gilbert Gerhard junior Knight William Denton William Crane Edmond Berry-Godfrey Arthur Evelin Samuel Smith Roger Jenings Robert Castle Robert Hampson Joseph Ayloffe Esquires Thomas Lord Culpepper Sir John Hewett Baronet Arthur Onslow Robert Phillips Anthony St. John Esquires Sir Oliver St. John Sir Charles Harbord Knights Francis Hoblyn Samuel Sandys junior Conservators and Robert Terringham Esquires the first Conservators And the said Governor Bayliffs and Conservators to continue until Wednesday in Whitsun-week in the year of our Lord One thousand six hundred sixty and four and from thenceforth until new Elections by the said Corporation or the major part which shall be then present And shall be capable to sue and be sued and without License of Mortmain to purchase Mannors Lands Tenements and Hereditaments Their power and authority not excéeding two hundred pounds per annum and Goods and Chattels and to dispose thereof in the name and to the use of the said Corporation and the said Governor Bayliffs and Conservators or any five or more of them whereof the said Governor or Bailiffs or any of them to be two shall and may lay Taxes from time to time upon all the said Ninety five thousand Acres only for support maintenance and preservation of the said Great Level and levy the same with penalties for non-payment not exceeding a third part of the Tax and all other things do in order to the support maintenance and preservation of the said Great Level and Works made and to be made And whereas by the said Law of Sewers twelve thousand Acres parcel of the said ninety five thousand Acres was designed and intended to his said late Majesty and were set forth and allotted by bounds in severalty and his said late Majesty was in possession thereof and granted assigned allotted and set out by bounds two thousand Acres parcel of the said twelve thousand Acres by Letters Patents unto Jerome Earl of Portland his Heirs and Assigns Earl of Portlands 2000 Acres of which said two thousand Acres the said Earl of Portland hath sold away about One thousand five hundred Acres in several parcels to several persons their Heirs and Assigns for valuable considerations and the residue thereof being about five hundred Acres hath granted and conveyed unto his Brother Benjamin Weston Esquire and his Heirs upon several Trusts agreed upon betwéen the said Earl of Portland and Benjamin Weston by writing for that purpose Be it therefore Enacted by the Authority aforesaid That the said two thousand Acres or such other Lands of equal value as shall be set forth in Exchange of the same in case the aforementioned two thousand Acres or any part thereof shall hereafter be adjudged to have béen unduly set out shall be and hereby are vested setled and established in the said several and respective persons to whom the said Earl of Portland hath so conveyed or mentioned to convey the same their Heirs and Assigns respectively to each person his Heirs and Assigns his and their several and respective Share and Shares that was so respectively to each of them conveyed or mentioned to be conveyed by the said Earl of Portland to be held and enjoyed by them and each of them his Heirs and Assigns his and their own Share and Part only in severalty according to the intent of the said Conveyances thereof to them respectively made by the said Earl of Portland upon the same Trusts nevertheless for and concerning the said five hundred Acres granted or mentioned to be granted to the said Benjamin Weston which the said Earl of Portland and Benjamin Weston had declared and agréed upon betwéen them as aforesaid Which said two thousand Acres shall be holden of the Kings Majesty his Heirs and Successors of the Mannor of East Greenwich by Fealty only in Frée and Common Soccage and not otherwise and subject nevertheless with the the residue of the Ninety five thousand Acres in equal proportion to all Taxes and Charges necessary and conducing to the preservation of the said Great Level from Drowning The 83000. Acres setled and vested in the Governor c. And be it further Enacted by the Authority aforesaid That the Eighty three thousand Acres remainder of the said Ninety five thousand Acres with the said Ways Passages new Rivers Cutts Dreyns Banks and Forelands over and above the said ten thousand Acres residue of the said twelve thousand Acres which were allotted in severalty and of which his said late Majesty was in possession as aforesaid are hereby vested and setled in the said Governour Bailiffs and Commonalty of the Company of Conservators of the said Great Level of the Fens and their Successors In trust nevertheless for the said William Earl of Bedford and the Adventures and Participants of the said Earl Francis and Earl William or either of them
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
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
for the use of such persons It shall then and not before be lawful to and for the said Vndertakers and their Work-men and Servants to dig and make or cause to be digged and made the said Haven Channels Wharfs Sasses Locks and Passages or do any such other Act for which any such Agréement or Order shall be made as aforesaid And be it further Enacted That when any of the said Commissioners shall happen to dye How Commissioners dying or renouncing may be supplyd or become unfit for or renounce the Service That then and so often it shall be lawful to and for the said Lord Chancellor or Lord Keeper of the Great Seal of England for the time being from time to time to supply appoint and authorize One or so many Commissioners of the Counties of VVilts Southampton or Dorset of the Nobility or Knights and principal Gentlemen of the said Countries dwelling or having Estates within fifteen miles of the said River as shall make and fill up the before mentioned number of Commissioners which said Commissioners so supplyed appointed and authorized as aforesaid not excéeding the number before mentioned nor being under the number of One and thirty or any seven or more of them shall from thenceforth have like Power and Authority in all things as those Commissioners which are expresly named in this Act And that the Commissioners and such as from time to time for the future shall be supplyed as aforesaid or any seven or more of them have like Power and Authority to Survey the said Haven and River and all Wharfs Sasses Locks Wears Turnpikes Penns for water and all Ditches Sewers and Streams running into the said River and the Mills Mill-damms Floodgates Walls Banks and Bridges now made or hereafter to be made and built upon the same and all Impediments Decays Loss and Annoyances in the same and make like Process to inquire thereof and to set such Fines Penalties and to make such Orders and Decrées for altering amending or removing the same as any Commissioners of Sewers by any Law Statute or Commission of Sewers are enabled to do in other Rivers and Places Any Law or Statute to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That the said Vndertakers authorized as aforesaid for the making the said Haven and Passages from time to time shall have full power and authority by and with the consent of the said Commissioners or any seven or more of them to make Orders and Constitutions for the good and orderly usage of the said Haven and Passages and for all Wharfs The power to make orders and constitutions Sasses Locks Wears and Turn-pikes and for all Ships and Vessels Barges Lighters Boats Boat-men Passengers Carriages and Rates for Carriages by or through the said Haven or Passages and all things concerning the same and to set lay and execute such reasonable Pains and Punishments upon the Breakers thereof To impose penalties upon the breakers as to them in discretion shall séem méet and reasonable which said Orders and Constitutions being put in Writing under the Hands and Seals of the said Vndertakers and being allowed by the said Commissioners or any Seven or more of them under their several Hands and Seals and by the Iustices of Assize of the said several Counties of VVilts and Southampton which shall be at the time of the Signing Sealing and Publishing of the said Orders as aforesaid shall be binding to all persons whatsoever any Law or Vsage to the contrary notwithstanding The said Orders and Constitutions to be kept amongst the Records of the Sessions of the Peace for the City of New-Sarum by the Clerk of the Peace for the time being of the said City Transcripts whereof shall be delivered to the several Clerks of the Peace of the respective Counties of Wilts and Southampton to be by them kept upon Record amongst the Records of the Sessions of the said respective Counties All which shall be taken adjudged and déemed good and sufficient Evidence and proof in any Court of Record whatsoever Nevertheless the Iustices of Assize for the Counties of Wilts and Southampton Persons grieved may appeal to the Iustices of Assise upon complaint to them made by any persons grieved with the said Taxations Assessments Charges Orders Constitutions Pains and Penalties or any of them shall and may abridge moderate alter or reform the same as they shall find just cause such Orders to be under the Hands and Seals of the said Iustices and to be kept among the Records of the Sessions as aforesaid And the respective Commissioners and Iudges of Assize as aforesaid are from time to time to take special care in the manner of the laying and assessing of the said Rates and ordering and disposing of the said Haven Passages and Wharf that all opportunity for the Vndertakers or any other to engross the Commodities of the said Countrey or impose upon the Markets may be prevented The Vndertakers to have the Taxes upon Carts Carriages c. And be it Enacted by the Authority aforesaid That the said Vndertakers authorized as aforesaid for the making the said Haven and Passages respectively and their several and respective Heirs and Assigns for ever having first given satisfaction as aforesaid shall have hold peaceably and quietly receive demand take and enjoy all and every the said Rates Profits and Advantages whatsoever which shall or may from time to time and at all times hereafter be made arise grow or become due or payable for the Carriages of Wood Coals Corn Salt or any other Merchandises Commodities or Carriages whatsoever by any Ship or Vessel Barge Boat Lighter or otherwise up or down the said Haven River new Channels or the said Sasses Locks Wears Turn-pikes Penns for water Cranes Wharfs or any of them and also shall have and receive as aforesaid all Penalties imposed by the said Orders as aforesaid and in case of Refusal or Denial of Payment Penalties and how to recover the same shall and may sue for the same by Action of Debt in any Court of Record in which Action no Wager of Law Essoign or Protection shall be allowed or may distrain or make stoppage of the said Goods or Vessels till they shall be satisfied for the same And that all Fines and Amerciaments which shall be imposed as aforesaid for any Annoyances and Offences which shall be at any time hereafter committed to the hurt or prejudice of the said River or any thing thereunto appertaining shall be to the only use benefit and behoof of the said respective Vndertakers their several and respective Heirs Successors and Assigns for ever And for that the Barges Boats Lighters or other Vessels must of necessity in some places and at some times be haled up by strength of Men Horses Winches Engines or other means in that behalf convenient Drawing and haling of Barges c. upon the Banks Be it therefore Enacted by Authority of this
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
of Mountgomery Two hundred and nine pounds six shillings six pence The County of Pembroke the sum of Two hundred forty seven pounds one shilling seven pence thrée farthings The County of Radnor the sum of One hundred thirty one pounds eightéen shillings six pence thrée farthings The Town of Haverford-West the sum of Eleven pound nine shillings seven pence And be it further Enacted by the Authority aforesaid Commissioners named in the former Act shall have the same power for executing this Act. That all and every the persons who are nominated in and by the said former Act to be Commissioners of and for the several and respective Counties Cities Burroughs Towns and Places therein mentioned shall likewise be and so are hereby appointed to be Commissioners for execution of this present Act within the said several and respective Counties Cities Burroughs Towns and places for which they were nominated in the aforesaid Act and shall have and execute the like Powers and Authorities Rules and Directions touching the better Assessing Collecting Levying Receiving and Paying the said Fifty two thousand fourscore and thrée pounds six shillings and eight pence by the Moneth during the said Twenty four moneths as in and by the aforesaid Act were given to the said Commissioners touching the better Assessing Collecting Levying Receiving and Paying the said Thréescore and eight thousand eight hundred and ninetéen pounds and nine shillings by the Moneth payable as aforesaid And all and every person or persons who shall be liable 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 Benefits Advantages 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 liable unto or concerned or imployed in the Assessing Collecting Levying Receiving or Paying any of the moneys by the said former Act imposed or to have or be subject unto as fully and amply as if the same Clauses Matters and Things had béen in this Act particularly repeated and Enacted To the end that the Monethly Assessments which will remain due and payable by vertue of the said former Act and the monethly Additions thereunto made by vertue of this present Act may be duly answered and paid in as aforesaid The first meeting 8. Jan. And be it further Enacted That the several Commissioners shall meet together at the most usual and common place of meeting as in the said Act is directed on or before the Tenth day of January next to put this Act and the said former Act in execution according to the best of their Iudgments and Discretions and shall then if they see cause subdivide themselves as by the said Act is further directed concerning the said former Assessment And further That they meet at least three Weeks before each Quarterly Payment of the said several Assessments for the purposes aforesaid And that the said Eight Quarterly Payments of Fifty two thousand fourscore and three pounds six shillings eight pence by the Moneth amounting in each Quarter to the sum of One hundred fifty six thousand two hundred and fifty pounds shall be Assessed Collected Levied and paid to the Receivers 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 days and times mentioned and expressed in the said Act for payment of the said first Assessment Moneys lent to his Majesty or Wares how to be secured 18 Car. 2. cap. 1. And to the intent that all money to be lent to Your Majesty and moneys that shall be due upon such Contracts for Wares and Goods which shall be delivered for this service may be well and sufficiently secured out of the moneys arising and payable by this Act Be it further Enacted by the Authority aforesaid That there be provided and kept in His Majesties Exchequer to wit in the Office of the Auditor of the Receipt one Book or Register in which Book or Register all moneys that shall be paid into the Exchequer by this Act shall be entred and registred apart and distinct from the moneys paid or payable to Your Majesty on the before mentioned Act and from all other moneys or Branches of Your Majesties Revenue whatsoever And that also there be one other Book or Registry provided or kept in the said Office of all Orders and Warrants to be made by the Lord Treasurer and Vnder-Treasurer or by the Commissioners of the Treasury for the time being for payment of all and every Sum and Sums of money to all persons for Moneys lent Wares or Goods bought or other payments directed by His Majesty relating to the service of His War And that no moneys leviable by this Act be issued out of the Exchequer during this War but by such Order or Warrant mentioning that the Moneys payable by such Order or Warrant are for the service of Your Majesty in the said War respectively That also there be the like Book or Register provided and kept by the said Auditor of all moneys paid out or issued by vertue of such Orders and Warrants That it shall be lawful for any person or persons willing to lend any money or to furnish any Wares Victuals Necessaries or Goods on the Credit of this Act at the usual times when the Exchequer is open to have access unto and view and peruse all or any of the said Books for their Information of the state of those moneys and all Ingagements upon them for their better Encouragement to lend any moneys or furnish any Goods or Wares as aforesaid And that the respective Officers and their Deputies and Clerks in whose custody such Books be or shall be shall be assistant to such persons for their better and speedier satisfaction in that behalf That all and every person and persons who shall lend any moneys to Your Majesty and pay the same into the Receipt of the Exchequer shall immediately have a Tally of Loan struck for the same and an Order for his repayment bearing the same Date with his Tally in which Order shall be also a Warrant contained for payment of Interest for forbearance after the Rate of six per Cent. per annum for his consideration to be paid every six moneths until the repayment of his Principal And that all person and persons who shall furnish Your Majesty Your Officers of the Navy or Ordnance with any Wares Goods Victuals or other Necessaries for the service aforesaid shall upon Certificate of the Commissioners and Officers of the Navy or of the Master or Commissioners and Officers of the Ordnance or some of them without delay forthwith have made out to them Warrants or Orders for the payment of the moneys due or payable unto them which Certificates the said Officers of Your Navy Commissioners and Officers of the
Ordnance shall make without Fée Charge or Delay And that all Orders for repayment of money lent shall be registred in course according to the Date of the Tallies respectively And that all Orders signed by the Lord Treasurer and Vnder-Treasurer of the Exchequer for payment of money for Goods Wares Victuals and other necessaries furnished to Your Majesty Your Officers Master or Commissioners aforesaid shall be registred in course according to the time of bringing to the Office of the Auditor of the Receipt the Certificates above mentioned And that all Orders so signed for payments directed by his Majesty shall be entred in course according to their respective Dates and none of the sorts of Orders above mentioned either for Loans of Moneys Supplies of Wares Goods Victuals or Necessaries or by special direction shall have preference one before another but shall all be entred in their course according to the Dates of the Tallies the times of bringing the Certificates and the Dates of the Orders for payments directed by his Majesty as they are in point of time respectively before each other And that all and every person and persons shall be paid in course according as their Orders shall stand entred in the said Register-Book be it Orders for payments directed by his Majesty or for Moneys lent or for Wares Commodities or other Necessaries furnished as aforesaid so as that person his Executors Administrators and Assigns who shall have his Warrant or Order Warrants or Orders first entred in the said Book of Registry shall be taken and accounted as the first person to be paid upon the moneys to come in by vertue of this Act and he or they that shall have his or their Warrants or Orders Warrant or Order next entred shall be taken and accounted the second person to be paid and so successively and in course And that the moneys to come in by this Act shall be in the same order liable to the satisfaction of the said respective parties their Executors Administrators or Assigns successively without preference of one before another and not otherwise And that no Fée Reward or Gratuity directly or indirectly be demanded or taken of any of Your Majesties Subjects for providing or making of such Books Registers Entries View Search Certificate in or for payment of money Lent or the Interest thereof or for payment of any money upon any Order upon any Contract for Wares and Goods furnished to the Vse of Your Majesties Navy and Ordnance as aforesaid by any of Your Majesties Officer or Officers their Deputies or Clerks on pain of payment of treble Damages to the party grieved by the party offending with costs of Suit And if the Officer himself take or demand any such Fée or Reward then to lose his place also And if any undue preference of one before another shall be made either in point of Registring contrary to the true meaning of this Act by any such Officer or Officers then the party offending shall be liable by Action of Debt or on the Case to pay the value of the Debt Damages and Costs to the party grieved And shall be forejudged from his Place or Office And if such preference be unduly made by any his Deputy or Clerk without Direction or Privity of his Master then such Deputy or Clerk only shall be liable to such Action Debt Damages and Costs And shall for ever after be incapable of the same And in case the Auditor shall not direct the Order or the Clerk of the Pells Record or the Teller make payment according to each persons due place and order as afore directed then he or they shall be judged to forfeit and their respective Deputies and Clerks herein offending be liable 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 Order in their course so as there be so much money reserved as will satisfie 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 Officers shall on request without Fées or charge accordingly make shall Intitle such Assignée his Executors Administrators and Assigns to the Benefit thereof and payment thereon And such Assignée may in like manner assign again and so toties quoties and afterwards it shall not be in the power of such person or persons who have made such Assignments to make void release or discharge the same or the moneys thereby due or any part thereof And in case any person or persons be willing to advance the Tax they themselves are to pay or the Tax of any Tything Hundred Parish Division or County for six moneths or more unto the Receiver-General of that Place or County The said Receiver-General is hereby authorized to receive the same and to make deduction of so much for Interest after the Rate of six per Centum per annum as the Advance amounts unto and the Receivers acquittance shall be a sufficient Discharge for the same which money so advanced shall be accounted for and paid into the Exchequer by it self Quarterly CAP. II. Non-Conformists restrained from Inhabiting in Corporations WHereas divers Parsons Vicars Curates Lecturers and other persons in Holy Orders have not declared their unfeigned assent and consent to the use of all things contained and prescribed in 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 or have not subscribed the Declaration or acknowledgment contained in a certain Act of Parliament made in the Fourtéenth year of His Majesties Reign and Intituled An Act for the Uniformity of Publick Prayers and Administration of Sacraments and other Rites and Ceremonies and
for every Twenty shillings which he or they do receive by his and their respective Practises and Professions in one year allowing to every such person and persons of the several Professions aforesaid one Third part out of such moneys as he or they shall so receive in their respective Practises and Professions for and towards the Charge and Expence occasioned by his or their attendance upon his or their Practice or Professions aforesaid And all and every Servant Servants Wages which at the time of the execution of this Act shall receive Wages for his her or their Service shall pay unto His Majesty the sum of Twelve pence for every Twenty shillings by the year which shall be due or payable to him her or them for his her or their Wages except for Board-wages And 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 this Act. 19 Car. 2. cap. 1. And be it further Enacted In what cases Masters shall pay Servants Assessment That in case any Servant shall upon the demand of such Assessment or Moneys as are due from him or her by vertue of this Act refuse or neglect to pay the same to the respective Collector in such case his or their Master or Mistress shall pay such Servants Assessment And it shall then be lawful for such Master or Mistress to deduct and stop the same out of such Wages as shall or ought to be next paid unto such Servant Any Law or Custom to the contrary notwithstanding Provided always That no person who receives Alms from the Parish Persons receiving Alms exempted nor the Children of any person remaining in his or her Family who by reason of their poverty doth not contribute to the Rates for the Church and Poor and who are under the age of Sixtéen years shall be charged or taxed by vertue of this present Act. Provided also and be it Enacted That every Alien-stranger born out of this Kingdom Aliens shall pay double shall pay double the sum which he or they ought to have paid in any capacity whatsoever in this Act mentioned in case he or they had béen natural born Subjects And be it further Enacted and Ordained Persons of several Ranks and Degrees That all and every person and persons who at the time of the execution of this Act shall be of the several Ranks and Degrées hereafter mentioned shall to the purpose aforesaid contribute and pay the several sums of money hereafter in this Act set down and appointed That is to say Duke Every person of the degrée of a Duke of England Scotland or Ireland inhabiting and residing within this Kingdom shall pay the sum of Fifty pounds Every person of the degrée of a Marquess of any of the said thrée Kingdoms Marquess inhabiting and residing within this Kingdom shall pay the sum of Fourty pounds Every person of the degrée of an Earl of any of the said thrée Kingdoms Earl and inhabiting or residing within this Kingdom the sum of Thirty pounds Viscount Every person of the degrée of a Viscount of any of the said thrée Kingdoms and inhabiting and residing within this Kingdom the sum of Twenty five pounds Every person of the degrée of a Baron of any of the said thrée Kingdoms Baron and inhabiting or residing within this Kingdom the sum of Twenty pounds Eldest Son of a Duke Every eldest Son of a Duke of any of the said thrée Kingdoms and inhabiting or residing within this Kingdom being of the age of One and twenty years the sum of Thirty pounds Eldest Son of a Marquess Every eldest Son of a Marquess of any of the said thrée Kingdoms and inhabiting and residing within this Kingdom being of the age of One and twenty years the sum of Twenty five pounds Eldest Son of an Earl Every eldest Son of an Earl of any of the said thrée Kingdoms and inhabiting or residing within this Kingdom being of the age of One and twenty years the sum of Twenty pounds Eldest Son of a Viscount Every eldest Son of a Viscount of any of the said thrée Kingdoms and inhabiting or residing within this Kingdom being of the age of One and twenty years the sum of Seventéen pounds ten shillings Eldest Son of a Baron Every eldest Son of a Baron of any of the said thrée Kingdoms and inhabiting or residing within this Kingdom being of the age of One and twenty years the sum of Fiftéen pounds Baronet Every person of the degrée of a Baronet of any of the said thrée Kingdoms or of Nova Scotia and inhabiting or residing within this Kingdom the sum of Fiftéen pounds Knight of the Bath Every person that is a Knight of the Order of the Bath inhabiting or residing within this Kingdom the sum of Fiftéen pounds Every person who is a Knight Batchelor Knight Batchelor Sergeant at Law Esquire inhabiting or residing within this Kingdom the sum of Ten pounds Every Sergeant at Law the sum of Ten pounds Every person of the degrée of an Esquire or so reputed inhabiting or residing within this Kingdom and above the age of One and twenty years the sum of Five pounds Every Widow respectively according to her Husbands degrée â—â—dow shall pay the third part rated by this Act upon that degrée of which the Husband of such Wife was in his life-time Gentleman And every Gentleman or reputed Gentleman above the age of Sixtéen years the sum of Twenty shillings Proviso for Gentlemen not having 300 l. Estate Provided always That every Gentleman having an Estate of the value of Thrée hundred pounds or more shall be charged with the sum of Twenty shillings by vertue of this Act though he be a Minor under the age of One and twenty years And no Gentleman not having such an Estate and shall thereof make Oath before any two or more of the respective Commissioners shall be charged with the said sum of Twenty shillings in respect of his Title And be it further Enacted and Ordained That all and every the person and persons within the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed who at the time of the execution of this Act Orders Ranks and Degrees shall be of the several Orders Ranks or Degrées hereafter mentioned shall to the purpose aforesaid pay the several sums of money hereafter in this Act set down and appointed Archbishop Bishop that is to say Every person of the Order and Degrée of an Archbishop shall pay the sum of Fifty pounds Every person of the Order and Degrée of a Bishop the sum of Twenty pounds Dean Every person of the Degrée of a Dean of any Cathedral or Collegiate Church shall pay the sum of Ten pounds Archdeacon Every person of the Degrée of an Arch-Deacon shall pay the sum of Forty
Exchequer is open to have access unto and review and peruse all or any of the said Books for their Information of the State of those Moneys and all Engagements upon them for their better encouragement to lend any Moneys or furnish any Goods Wares Victuals Ships or other Necessaries as aforesaid And that the Auditor of the Receipt his Deputies and Clerks shall be assistant to such persons for their better and spéedier satisfaction in that behalf And that all and every person and persons who shall lend any Moneys to Your Majesty and pay the same into the Receipt of the Exchequer shall immediately have a Tally of Loan struck for the same and an Order for his Repayment bearing the same Date with his Tally in which Order shall be also contained a Warrant for payment of Interest for forbearance after the Rate of Sir per Cent. per annum for his consideration to be paid every thrée Moneths until the repayment of his Principal And that all person and persons who shall furnish Your Majesty Your Officers of the Navy or Ordnance with any Wares Goods Ships Victuals or any other Necessaries for the Service aforesaid shall upon Certificate of the Commissioners and Officers of the Navy or of the Master or Commissioners and Officers of the Ordinance or some of them without delay forthwith have made out to them Warrants or Orders for the payment of the Moneys due or payable unto them which Certificates the said Officers of Your Navy Commissioners and Officers of the Ordnance shall make without Fée Charge or Delay And that all Orders for Repayment of Money lent shall be Registred in course according to the Date of the Tallies respectively And that all Orders signed by the Lord Treasurer and Vnder-Treasurer of the Exchequer for payment of Moneys for Goods Wares Victuals and other Necessaries furnished to Your Majesty Your Officers Master or Commissioners as aforesaid shall be Registred in course according to the time of bringing to the Office of the Auditor of Receipt the Certificates above mentioned And that all Orders so Signed for payments directed by His Majesty shall be entred in course according to their respective Dates and none of the sorts of Orders above mentioned either for Loans of Money Supplies of Wares Goods Victuals or other necessaries or by special direction shall have preference one before another but shall all be Entred in their course according to the dates of the Tallies the times of bringing their Certificates and the dates of the Orders for Payments directed by His Majesty as they are in point of time respectively before each other And that all and every person and persons shall be paid in course according as their Orders shall stand Entred in the said Register-Book Be it Orders for Payments directed by His Majesty or of Moneys lent or for Wares Commodities Ships Victuals or other necessaries furnished as aforesaid so as that the person Native or Foreigner his Executors Administrators and Assigns who shal have his Warrant or Order Warrants or Orders first entred in the said Book of Registry shall be taken and accounted as the first person to be paid upon the moneys to come in by vertue of this Act And he or they that shall have his or their Warrants or Orders Warrant or Order next entred shall be taken and accounted the second person to be paid and so successively and in course And that the moneys to come in by this Act shall be in the same order liable to the satisfaction of the said respective parties their Executors Administrators or Assigns successively without preference of one before another and not otherwise and not be divertible to any other use intent or purpose whatsoever And that no Fée Reward or Gratuity directly or indirectly be demanded or taken of any Your Majesties Subjects for providing or making of any such Books Registers Entries View Search or Certificate in or for payment of money lent or the Interest thereof or for payment of any money upon any Order upon any Contract for Wares and Goods furnished to the use of Your Majesties Navy and Ordnance as aforesaid by any of Your Majesties Officer or Officers their Clerks or Deputies on pain of payment of treble damages to the party grieved by the party offending with Costs of Suit And if the Officer himself take or demand any such Fée or reward then to lose his place also And if any undue preference of one before another shall be made either in point of Registring contrary to the true meaning of this Act by any such Officer or Officers then the party offending shall be liable by Action of Debt or on the Case to pay the value of the Debt Damages and Costs to the party grieved and shall be forejudged from his Place or Office And if such preference be unduly made by any his Deputy or Clerk without direction or privity of His Master then such Deputy or Clerk onely shall be liable to such Action Debt Damages and Costs and shall be for ever after uncapable of his Place or Office And in case the Auditor shall not direct the Order or the Clerk of the Pells Record or the Teller make payment according to each persons due place and order as afore directed then he or they shall be judged to forfeit and their respective Deputies and Clerks herein offending to be liable to such Action Debt Damages and Costs in such manner as aforesaid All which said Penalties Forfeitures Damages and Costs to be incurred by any of the Officers of the Exchequer Navy or Ordnance or any their Deputies or Clerks shall and may be recovered by Action of Debt Bill Plaint or Information in any of His Majesties Courts of Record at Westminster wherein no Essoyn Protection Priviledge Wager of Law Injunction or Order of restraint shall be in any wise granted or allowed Entries of Tallies or Certificates dated the same day Provided always and be it hereby Declared That if it happen that several Tallies of Loan or Certificates for Wares delivered or Orders for Payments directed by Your Majesty as aforesaid bear date or be brought the same day to the Auditor of the Receipt to be Registered then it shall be interpreted no undue preference which of these he enters first so he enters them all the same day Provided also That it shal not be interpreted any undue preference to incur any penalty in point of payment If the Auditors direct and the Clerk of the Pells record and the Teller do pay subsequent Orders of persons that come and demand their money and bring their Orders before other persons that did not come to demand their money and bring their Order in their course so as there be so much money reserved as will satisfie 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 Rights and titles to money sent
upon this Act may be Assigned over And be it further Enacted by the Authority aforesaid That every person or persons to whom any moneys shall be due by vertue of this Act after Warrant or Order entred in the Book of Register aforesaid for payment thereof his Executors Administrators or Assigns by Indorsement of his Order or Warrant may assign and transfer his Right Title Interest and Benefit of such Warrant or Order or any part thereof to any other which being notified in the Office of the Auditor of the Receipt aforesaid and an entry and memorial thereof also made in the Book of Registry aforesaid for Warrants which the Officers shall on request without Fée or charge accordingly make shall intitle such Assignée his Executors Administrators and Assigns to the benefit thereof and payment thereon And such Assignée may in like manner Assign again and so Toties quoties and afterwards it shall not be in the power of such person or persons who have made such Assignments to make void release or discharge the same or any the moneys thereby due or any part thereof Persons sued for executing this Act may plead the general issue And be it further Enacted by the Authority aforesaid That if any Action Plaint Suit or Information shall be commenced or prosecuted against any person or persons for what he or they shall do in pursuance or in execution of this Act such person or persons so sued in any Court whatsoever shall or may plead the general Issue Not guilty and upon any Issue joyned may give this Act and the special matter in Evidence And if the Plaintiff or Prosecutor shall become Nonsuit or forbear further prosecution or suffer Discontinuance or if a Verdict pass against him the Defendant and Defendants shall recover their treble Costs for which they shall have the like remedy as in any Case where Costs by the Law are given to Defendants CAP. II. Cattel may not be imported from Ireland and other parts beyond the Seas nor Fish taken by Foreigners WHereas by an Act of this present Parliament entituled An Act for the Encouragement of Trade amongst other things some Provision was made for the preventing of coming in of vast Numbers of Cattel 1◠Car. 2. cap. 5. Stat. 3. whereby the Rents and Values of the Land of this Kingdome were much fallen and like dayly to fall more to the great Prejudice Detriment and Impoverishment of this Kingdom which nevertheless hath by experience béen found to be ineffectual and the continuance of any Importation either of the Lean or Fat Cattel dead or alive herein after specified not onely Vnnecessary but very Destructive to the welfare of this Kingdome Be it therefore Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled That such Importation from and after the second day of February Importation of Cattel a common Nusance in this present year One thousand six hundred sixty and six is a publick and common Nusance and shall be so adjudged déemed and taken to be to all intents and purposes whatsoever And that if any great Cattel Shéep or Swine or any Béef Pork or Bacon except for the necessary Provision of the respective Ships or Vessels in which the same shall be brought not exposing the same or any part thereof to Sale shall from and after the said second day of February by any wise whatsoever be Imported or brought from beyond Seas into this Kingdom of England Dominion of Wales or Town of Berwick upon Tweed That then it shall and may be lawful for any Constable The Penalty Tything-man Headborough Church-wardens or Overséers of the Poor or any of them within their respective Liberties Parishes or Places to take and seize the same and kéep the same during the space of Eight and fourty hours in some publick or convenient place where such Seizure shall be made within which time if the Owner or Owners or any for them or him shall make it appear unto some Iustice of the Peace of the same County where the same shall be so seized by the Oath of two credible Witnesses which Oath the said Iustice of Peace is hereby impowred and required to administer That the same were not Imported from Ireland or from any other place beyond the Seas not herein after Excepted after the said second day of February Then the same upon the Warrant of such Iustice of Peace shall be delivered without delay But in default of such Proof and Warrant then the same to be forfeited One half thereof to be disposed to the use of the Poor of the Parish where the same shall be so found or seized the other half to be to his or their own use that shall so seize the same And for the better encouragement of the Fishery of this Kingdom Be it further Enacted by the Authority aforesaid That if any Ling Herring Cod or Pilchard fresh or salted Encouragement of Fishery dryed or bloated or any Salmons Eels or Congers taken by any Foreigners Aliens to this Kingdom shall be Imported uttered sold or exposed to sale in this Kingdom That then it shall and may be lawful for any person or persons to take and seize the same The one half thereof to be disposed of to the use of the Poor of the Parish where the same shall be so found or seized the other half to his or their own use which shall so seize the same Provided always That nothing in this Act shall be construed to hinder the Importation of Cattel from the Isle of Man in this Kingdom of England Isle of Man so as the number of the said Cattel do not excéed Six hundred Head yearly And that they be not of any other Bréed then of the Bréed of the Isle of Man And that they be landed at the Port of Chester or some of the Members thereof and not elsewhere This Act to continue until the end of Seven years and from thence to the end of the First Session of the next Parliament CAP. III. A former Act for preventing of Theft and Rapine upon the Northern Borders of England Continued WHereas an Act was made in the Fourtéenth year of the Reign of our Soveraign Lord the King that now is entituled 14 Car. 2. cap. 22. An Act for preventing of Theft and Rapine upon the Northern Borders of England which Act is very near expiring and hath béen found very necessary for the preservation of those places from that great number of Lewd Disorderly and Lawless persons that usually frequented thereabouts Be it therefore Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled That the said Act and every Clause and Clauses therein contained and all and every the Powers and Authorities thereby given be continue and remain
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
therefore 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 the Authority of the same That the Iustices of the Courts of Kings Bench and Common Pleas Iustices appointed to hear and determine differences between Landlords and Tenants c. and the Barons of the Coife of the Exchequer for the time being or any thrée or more of them sitting at the same time and place and not otherwise shall be and are hereby Authorized from time to time to hear and to determine all Differences and Demands whatsoever which have arisen or may any wise arise betwéen Landlords Proprietors Tenants Lessées Vnder-tenants or late Occupiers of any the said Houses or Buildings with their appurtenances or the Courts or Yards Grounds and Wharfs or any person or persons having or claiming any Estate Right Title Interest in Law or Equity or Trust Charge or Incumbrance of or in the same or their or any of their Heirs Executors Administrators Successors or Assigns or any other persons for touching or concerning the Repairing Building or Rebuilding of the said Houses or Buildings Yards Courts Grounds and Wharfs or any other Grounds lying within that part of the City and Suburbs thereof lately burnt pulled down or otherwise demolished defaced or otherwise ruined by reason of the said Fire or for or concerning the payment defalcation apportioning or abatement of any Rent or Rents other then Arrears of Rent onely due before the First day of September One thousand six hundred sixty and six or for or touching any Covenant Condition or penalty relating thereunto or for touching or concerning the prefixing or limiting of any time for such Repairs or new Building Rebuilding or any Rate or Contribution to be born or paid thereunto by any person or persons Bodies Politick or Corporate interessed in the premisses and all Incidents relating thereunto And that they or any thrée or more of them from time to time with or without any Adjournment summarily and sine forma figura Judicii and without the formalities of procéedings in Courts of Law or Equity shall and may upon the Verdict or Inquisition of Iurors testimony of witnesses upon Oath Examination of parties interessed or by all or any of the said ways or otherwise according to their Discretions procéed to the hearing and determining of the Demands or Differences betwéen the said parties concerning the premisses and that the definitive Order of the said Iustices and Barons or any thrée or more of them as aforesaid shall be final as betwéen the said parties their Heirs Executors Administrators Successors and Assigns and all claiming by from or under them as touching the matters contained in such Orders from which there shall be no Appeal or Review otherwise then as is hereafter mentioned Nor shall any Writ of Error or Certiorari lye for the removal or reversal of the same And be it further Enacted by the Authority aforesaid That the said Iustices and Barons The Powers of the said Iustices or any thrée or more of them as aforesaid shall have Authority and are hereby Impowred where they shall think it convenient to Order the Surrendring Increasing Abridging Ceasing Determining or Charging of any Estates in the Premisses or to order new or longer Leases or Estates not excéeding Forty years to be made of any of the premisses by the Proprietors or Owners thereof or other persons interessed therein to any Tenant or Sub-Tenant or late Occupiers of the same their Executors Administrators Successors or Assigns at such Rents and Fines or without any Rent or Fine as they shall think fit unless in such Cases where the Laws of this Realm do forbid the Diminishing of ancient and accustomable Rents All which Orders according to the Tenors thereof shall be obeyed by all persons concerned therein respectively and shall conclude and bind them their Heirs Successors Executors Administrators and Assigns respectively notwithstanding any Disability in respect of Coverture Infancy Non-sanity of Memory Estate Tail or in Right of the Church or otherwise And that Infants Femes Covert Ideots persons of Non-sane Memory or beyond the Seas Tenants in Tail Bishops Deans and Chapters and other Ecclesiastical persons and their Successors Corporations and all other person or persons Bodies Natural and Politick their Heirs and Successors and their respective Interests shall be bound and concluded by such respective Order or Orders according to the Tenor or Purport thereof Any Law Statute or Custom or other matter or thing to the contrary notwithstanding And for the better Enabling the said Iustices and Barons to procéed with effect in the said Causes How to proceed upon Complaints Be it also Enacted by the Authority aforesaid That the said Iustices and Barons or any thrée or more of them as aforesaid upon the complaint or request of any person or persons concerned in any of the said Houses or Buildings and other the premisses shall issue out Notes or Warrants under their hands or the hands of any such thrée of them thereby warning the person or persons Bodies Politick and Corporate therein named and concerned in the said late Houses or Buildings and other the premisses in such Complaint mentioned to appear before them at such time and place as in such Note or Notes shall in that behalf be specified And upon appearance of the said person or persons summoned or upon default of appearance and Oath made of due notice given to him or them which Oath and all other Oaths necessary to the Execution of the Powers given by this Act the said Iustices and Barons or any thrée of them are hereby enabled to administer The said Iustices and Barons or any thrée of them may procéed to make such final and definitive Orders as aforesaid And that such service of the said Note or Notes as is usually allowed to be a good service in cases of Subpoena shall be accounted to be a good service in the cases aforesaid The said Indicature shall be a Court of Record And be it Enacted by the Authority aforesaid That the said Iustices and Barons or any thrée of them for the matters and according to the powers herein before mentioned shall be and shall be taken to be a Court of Record And that the Iudgements and Determinations that shall be made betwixt party and party by Authority of this Act shall be Recorded in a Book or Books of Parchment to be provided for that purpose And that every such Iudgement and Determination shall be Signed by thrée or more of the said Iustices or Barons Which said Book or Books of Record shall be placed and intrusted in the custody of the Lord Mayor and Aldermen of the City of London for the time being to be kept with the Records of the said City and to remain as a perpetual standing Record unto which all persons concerned or which shall be concerned
Lanes c. That the Lord Mayor Aldermen and Common Council of the said City for the time being shall on or before the first day of April next ensuing declare which and how many shall hereafter be accounted and taken to be By-lanes which and how many shall hereafter be déemed Stréets or Lanes of note and high and principal Stréets by Act of Common-Council to be passed for that purpose which Declaration being made as aforesaid all and singular the said Stréets and Lanes hereby intended to be rebuilt shall by Order of the said Lord Mayor Aldermen and Common Council or such persons as they under the Common Seal of the said City shall order and appoint be Marked or Staked out and distinguished to the end the Breadth Length and Extent thereof may be the better known and observed And if any person or persons whatsoever shall wittingly or willingly without good Authority pluck up or remove any of the said Stakes or Mark-stones thereby to obscure or confound the bounds of such Stréets or Lanes or any of them and shall be thereof legally convicted by the Oath of one Witness other then of the Informer to be taken before any one or more Iustices of the Peace of the said City That then the said Iustice or Iustices shall or may send such Offender to the Common-gaol of the said City there to remain by the space of thrée moneths without Bail or Mainprize unless he shall pay or cause to be paid to the use of the Mayor Commonalty and Citizens of the said City the sum of Ten pounds to be imployed in and towards the repairing of the publick Buildings of the said City Provided always That where any such Offence shall be committed by any person or persons of low and mean condition whom the said Iustice or Iustices of the Peace shall in his conscience believe to be unable to satisfie the said Penalties That then and in such case the said Iustice or Iustices of the Peace shall and may by Order and Warrant under his or their Hands and Seals cause such Offender to be openly whipped near unto the place where the Offence shall be committed till his body be bloudy And that it shall and may be lawful for the said Iustice or Iustices of the Peace to reward the said Informer out of the Pecuniary Penalty to be incurred according to his discretion not excéeding a Third part of the said Penalty And in regard the building with Brick is not onely more comely and durable but also more safe against future perils of Fire Building with Brick Stone Oak Be it further Enacted by and with the Authority aforesaid That all the outsides of all Buildings in and about the said City be henceforth made of Brick or Stone or of Brick and Stone together except Door-cases and Window-frames the Brest Summers and other parts of the first Story to the Front betwéen the Péers which are to be left to the discretion of the Builder to use substantial Oaken Timber in stead of Brick or Stone for conveniency of Shops And that the said Doors Brest Summers and Window-frames be sufficiently discharged of the burthen of the Fabrick by Arch-work of Brick or Stone either straight or circular The duty of the Surveyors and Supervisors And be it Enacted That the said Surveyors or Supervisors so to be appointed as aforesaid and every of them within their several Precincts shall take care That in Building of all Houses within the said City and Liberties thereof there be And it is hereby Enacted by the Authority aforesaid That there shall be Party-walls and Party-péers set out equally on each Builders ground to be built up by the first beginner of such Building And that convenient Toothing be left in the Front-wall by the said first Builder for the better joyning of the next House that shall be built to the same And that no man be permitted by the said Surveyors to build on the said Party-wall or on his own contiguous ground until he hath fully reimbursed the said first Builder the full moyety of the charges of the said Party-wall and Péers together with Interest for the same after the rate of Six pounds per Cent. per Annum for forbearance thereof to be accounted from the beginning of the said first building Who may determine Differences between first and later builders And in case any difference shall arise betwéen the first and later Builders concerning the true value of the said Charge That then the same be referred to the Alderman of that Ward where such Building shall be and to his Deputy to mediate an agréement of such difference And where the said Alderman and his Deputy or one of them shall be parties or where they cannot compose such difference as aforesaid That the matter be referred to the Examination of the Lord Mayor and Court of Aldermen who shall hear and finally determine the same without any Appeal to be had Houses of the first and last sort of building And be it further Enacted That the said Houses of the first and least sort of Building fronting By-stréets or Lanes as aforesaid shall be of two Stories high besides Cellars and Garrets That the Cellars thereof be six foot and a half high if the springs of water hinder not That the first Story be nine foot high from the Floor to the Cieling and the second Story nine foot high from the Floor to the Cieling That all Walls in front and réer as high as the first Story be of the full thickness of the length of two Bricks and thence upwards to the Garrets of the thickness of one Brick and an half and that the thickness of the Garret-walls on the back-part be left to the discretion of the Builder so that the same be not less then the length of one Brick And also that the thickness of the Party-walls betwéen these Houses of this first and lesser sort of Building be one Brick and an half as high as the said Garrets and that the thickness of the Party-wall in the Garrets be of the thickness of one Brick in length at the least and that the Scantlings of Timber and Stone to be used about the building thereof be as in the said Table are set down and prescribed Houses of the second sort of building And be it further Enacted That the Houses of the second sort of Building fronting Stréets and Lanes of note and the River of Thames shall consist of thrée Stories high besides Cellars and Garrets as aforesaid That the Cellars thereof be six foot and an half high if the springs of water hinder not That the first Story contain full ten foot in height from the Floor to the Cieling the second full ten foot the third nine foot That all the said Walls in front and réer as high as the first Story be of the full thickness of the length of two Bricks and an half and from thence upwards to the
said Mayor and Court of Aldermen who upon deliberate hearing of all Parties shall finally determine the same without further or other Appeal Common Sewers Drains and Vaults c. And be it further Enacted by the Authority aforesaid That the numbers and places for all common Sewers Drains and Vaults and the order and manner of paving and pitching the Stréets and Lanes within the said City and Liberties thereof shall be designed and set out by such and so many persons as the said Mayor Aldermen and Commonalty in Common Council assembled shall from time to time authorize and appoint under their Common Seal or the more part of them which said persons so authorized and appointed or any seven or more of them together with the said Surveyors or some or one of them within his or their Precinct respectively shall at their méeting have power and authority to order and direct the making of any new Vaults Drains and Sewers or to cut into any Drain or Sewer already made and for the altering inlarging amending cleansing and scouring of any old Vaults Sinks or Common Sewers For the better effecting whereof it shall and may be lawful to and for the said persons so authorized and appointed as aforesaid or any seven or more of them at their said méeting to impose any reasonable Tax upon all Houses within the said City and Liberties thereof in proportion to the benefit they shall receive thereby for and towards the new making cutting altering inlarging amending cleansing and scouring all and singular the said Vaults Drains Sewers Pavements and Pitching aforesaid And in default of payment of the said sums so to be charged it shall and may be lawful to and for the said persons so authorized as aforesaid or any seven or more of them by Order and Warrant under their hands and seals to levy the said sum and sums of money so assessed by Distress and sale of the goods of the party chargeable therewith and refusing or neglecting to pay the same rendring the overplus if any be And that all other Commissioners whatsoever be altogether suspended to intermeddle in the premisses within the said City and Liberties thereof for the space of seven years next and for so long after until the said intended Buildings shall be fully finished Any Law or Statute to the contrary in any wise notwithstanding And be it further Enacted That it shall and may be lawful to and for the Lord Mayor Noysome Trades prohibited in the High Streets Aldermen and Common Council of the said City from time to time to prohibit such Trades and Occupations as they shall judge noisom or perilous in respect of Fire to be used or exercised in the high or principal Stréets of the said City And forasmuch as the fréedom of openness of the Stréet conduceth much to the advancement of Trade and Ornament of the City Be it further Enacted That it shall and may be lawful to and for the said Mayor Aldermen and Commonalty by Order of Common Council in that behalf to be made from time to time and at their will and pleasure Removing of Conduits in High Streets to remove out of any of the high Stréets all or any of the Conduits now standing or hereafter to be erected and to set up and to erect the same in such other publick places within the said City as they shall think fit or to contract the same into any smaller or lesser compass in the places where they now stand or hereafter shall be erected as aforesaid according to their discretions And whereas many antient Stréets and Passages within the said City and Liberties thereof and amongst others those which are hereafter mentioned were narrow and incommodious for Carriages and Passengers and prejudicial to the Trade and Health of the Inhabitants and are necessary to be inlarged as well for the Convenience as Ornament of the City Be it Enacted by the Authority aforesaid That the Mayor Aldermen and Commons of the said City for the time being in Common Council assembled shall and may What Streets may be opened and enlarged and are hereby impowred and required to inlarge all and every the Stréets and Places hereafter mentioned where and in such manner as there shall be cause by and with the Approbation of His Majesty and not otherwise That is to say The Stréet called Fleetstreet from the place where the Greyhound-Tavern stood to Ludgate and from thence to Saint Paul's Church-yard The Stréet leading from the East end of Saint Pauls Church into Cheapside The Stréet and Passage at the East end of Cheapside leading into the Poultry The Stréet and Passage out of the Poultry leading into the West end of Cornhill at or near the place late called the Stocks The Stréet called Blow-bladder Street leading from the West end of Cheapside towards Newgate-Market And to inlarge the Stréet and Passage from thence towards Newgate-Market by laying the Ground where the Middle-Row in the Shambles there lately stood into the said Stréet and in like manner to inlarge the Passage from Newgate-Market towards Newgate by laying the Ground of the late four Houses betwéen Warwick-Lane end in Newgate-Market and the late Bell-Inne there into the Stréet And in like manner to inlarge as there shall be cause the Lane called Ave-Maria-Lane leading from Pater-Noster-Row to Ludgate-Street And the Stréet or Passage at the end of Saint Martins le Grand towards Blow-bladder Street aforesaid And also the Passage from Saint Magnus Church to the Conduit in Gracious-Street and the North end of Gracious-Street and also Thames-Street from the West-corner of Saint Magnus Church aforesaid to the Tower-Dock and to inlarge Old Fish-Street by laying the Middle-Row there into the Stréet And the said Mayor Aldermen and Common Council also shall and may by vertue of this present Act inlarge and make wider any other such strait and narrow passages within the said City as are less then fourtéen foot in breadth So as notice be given to the Owners or parties interessed in the Ground to be so taken for the inlarging thereof on or before the First day of May next ensuing And are and shall be also further enabled by vertue of this Act to make or cause to be made a new Stréet leading and extending from the Guild-Hall of the said City into Cheapside the same to be of such breadth and wideness as they shall judge méet and convenient And to the end that reasonable satisfaction may be given for all such Ground as shall be taken and imployed for the uses aforesaid The Mayor Aldermen Satisfaction to be made for Ground and Common Council shall and may treat and agrée with the Owners and others interessed therein And if there shall be any Persons Bodies Corporate or Collegiate that shall wilfully refuse to treat and agrée as aforesaid or through any disability by Nonage Coverture or especial Entail or other impediment cannot That in such cases the said Lord Mayor
and Court of Aldermen are hereby authorized by vertue of this Act to issue out a Warrant or Warrants to the Sheriffs of London who are hereby required accordingly to Impannel and return a Iury before the said Lord Mayor and Court of Aldermen Which Iury upon their Oaths to be administred by the said Lord Mayor and Court of Aldermen are to Inquire and Assess such Damage and Recompence as they shall judge fit to be awarded to the Owners and others interested according to their several and respective Interests and Estates of and in any such Houses or Ground or any part thereof for their respective Interests and Estates in the same as by the said Lord Mayor Aldermen and Commons in Common Council assembled shall be adjudged fit to be converted for the purposes aforesaid And such Verdict of the Iury and Iudgement of the said Lord Mayor and Court of Aldermen thereupon and the payment of the sum or sums of money so awarded or adjudged to the Owners and others having Estate or Interest or Tender and refusal thereof shall be binding to all intents and purposes against the said Parties their Heirs Executors Administrators and Assigns and others claiming any Title or Interest in the said Houses or Ground and shall be a full Authority for the said Lord Mayor Aldermen and Commons to cause the same to be converted and used for the purposes aforesaid Houses which shall be bettered in value And forasmuch as the Houses now remaining and to be rebuilt will receive more or less advantage in the value of their Rents by the liberty of Air and frée Recourse for Trade and other Conveniencies by such Regulation and Inlargement It is also Enacted by the Authority aforesaid That in case of refusal or incapacity as aforesaid of the Owners or others interessed of or in the said Houses to agrée and compound with the said Lord Mayor Aldermen and Commons for the same Thereupon a Iury shall and may be Impannelled in manner and form aforesaid to Iudge and Assess upon the Owners and others interessed of and in such Houses such competent sum and sums of Money with respect to their several Interests in consideration of such improvement and melioration as in reason and good conscience they shall think fit And all sums of Money that shall be so Assessed and Raised as aforesaid shall be paid to the Chamberlain of the City of London for the time being who is hereby enabled from time to time to receive and recover the same by Action at Law and whose Receipt shall be a good Discharge to such Owners or others interessed And who is hereby appointed to receive and pay and be accomptable for the same according to such Directions as shall from time to time be given him by the said Lord Mayor Aldermen and Commons And the Money so raised shall be wholly imployed towards payment and satisfaction of such Houses and Ground as shall be converted into Stréets Passages Markets and other publick places aforesaid And such satisfaction so given or tendered and refused as aforesaid shall devest the Propriety Estate and Interest of the respective Owners and others having Interest of and in such parcels of Ground so to be taken and imployed for the uses aforesaid by vertue of this Act Which shall be and are hereby actually Setled and Invested in the said Lord Mayor Commonalty and Citizens of the City of London and their Successors in like manner as other the Common-stréets and High-ways within the said City Who may hear and determine differences of several claims of Estates And in case any Controversies or Differences shall happen to arise betwéen several persons that shall claim several Estates or Interests into or out of any Grounds to be sold by the said Mayor Aldermen and Common Council or by them to be taken and disposed of by vertue and in pursuance of this Act to and for the uses aforesaid That then the Iustices of the Courts of Kings Bench and Common Pleas and Barons of the Coif of the Exchequer for the time being or any thrée or more of them shall be and are hereby authorized to hear and finally to order and determine the same in a summary way of procéeding and without the formalities or ordinary course of procéedings used in any the said Courts to order and award such Distribution to be made of the Money thereby arising for the satisfying of such several Interests and Claims as to them shall séem just and reasonable according to the respective Estate or Estates Title or Interests of the person or persons making Claim thereunto According to which order and distribution to be made and appointed by the said Iustices and Barons or any three or more of them the said Purchase-money shall be satisfied and paid by the said Chamberlain to the said several persons respectively The second of September appointed a day of Humiliation in the City yearly forever And that the said Citizens and their Successors for all the time to come may retain the Memorial of so sad a Desolation and reflect seriously upon their manifold Iniquities which are the unhappy causes of such Iudgements Be it further Enacted That the Second day of September unless the same happen to be Sunday and if so then the next day following be yearly for ever hereafter observed as a day of Publick Fasting and Humiliation within the said City and Liberties thereof to implore the Mercies of almighty God upon the said City to make devout Pray and Supplication unto him to divert the like Calamity for the time to come A Pillar to be set in memory of the Fire And the better to preserve the memory of this Dreadful Visitation Be it further Enacted That a Column or Pillar of Brass or Stone be erected on or as near unto the place where the said Fire so unhappily began as conveniently may be in perpetual Remembrance thereof with such Inscription thereon as hereafter by the Mayor and Court of Aldermen in that behalf be directed Tender of money at the Assurance Office or the Royal Exchange And be it Enacted And it is hereby Enacted by the Authority aforesaid That all Tenders of Money or Payment thereof which by any Bonds Covenants or other Obligations or Assurance whatsoever ought to be made in the late Assurance-Office or in any other place on the late Royal Exchange London shall or may be made at or in the present Assurance-Office in Gresham-House And shall be as valid and legal to all intents and purposes and discharge the Obligor as fully and amply as if they had béen made in the first intended place on the said Royal Exchange And it is hereby further Enacted That the Parish-Churches to be Rebuilded within the said City of London in lieu of those which were Demolished by the late Fire Parish Churches to be rebuilded shall not excéed the number of Thirty nine Which shall be set out and appointed by and with the
 14 3 8 Principal Discharges upon Peers In the first Story in the Fronts Inches  Inches 13 and 12 15  13 Binding Joysts with their Trimming Joysts Thickness Inches  5 depth equal to their own Floors Wall-plates or raising Pieces and Beams Inches  Inches 10 and 6 8  6 7  5 Lintels of Oak in the  Inches  Inches 1st 2d story 8 6 3d story 5  4 For the Roof Principal Rafters from Length  Thickness Foot Foot Inches Inches 15 to 18 at foot 9 7 at top 7 18-21 at foot 10 8 at top 8 21-24 at foot 12 8 ½ at top 9 24-26 at foot 13 9 at top 9 Purlines from Length   Foot Foot Inches Inches 15 to 18 9 8 18-21 12 9 Single Rafters  Foot Inches Inches not exceeding in length 9 5 4 not exceeding in length 6 4 3 ½ Scantlings for Sawed Timber and Laths usually brought out of the West-Countrey not less then  Breadth Thickness  Foot Inches Inch. Single Quarters in length 8 3 ½ 1 ¾ Double Quarters in length 8 4 3 ½ Sawed Joysts in length 8 6 4 Laths in length 5 1 ¼ 1 quarter ½ of Inch. 4   Stone Where Stone is used to keep to these Scantlings First sort of Houses  Inches Corner Peers 18 square Middle or single Peers 14 and 12 Double Peers between House House 14 and 18 Door-jambs and Heads 12 and 8 2d 3d sorts  Foot Inches Corner Peers 2-6 square Middle or single Peers 18 square Double Peers between House House 24 and 18 Doors-jambs and Heads 14 and 10 Scantlings for Sewers Foot  Thickness  3 wide Side-walls 1 brick Bottom paved plain and then 1 brick an edge circular 5 high Arch 1 brick on end General Rules IN every Foundation within the Ground add one Brick in thickness to the thickness of the Wall as in the Scheme next above the Foundation to be set off in Thrée Courses equally on both sides That no Timber be laid within Twelve Inches of the Foreside of the Chimney-Iambs And that all Ioysts on the Back of any Chimney be laid with a Trimmer at Six Inches distance from the Back That no Timber be laid within the Tunnel of any Chimney upon penalty to the Workman for every default Ten shillings and Ten shillings every Wéek it continues unreformed That no Ioysts or Rafters be laid at greater distances from one to the other then Twelve Inches and no Quarters at greater distance then Fourtéen Inches That no Ioysts bear at longer length then Ten Foot and no single Rafters at more in length then Nine Foot That all Roofs Window-frames and Cellar-floors be made of Oak The Tile-pins of Oak No Summers or Girders to lie over the Head of Doors and Windows No Summer or Girder to lie less then Ten Inches into the Wall no Ioysts then Eight Inches and to be laid in Loame CAP. IV. For Relief of poor Prisoners and setting of them on Work WHereas there is not yet any sufficient Provision made for the Relief and setting on work of poor and néedy persons committed to the Common Gaol for Felony and other misdemeanors who many times perish before their Trial and the Poor there living idly and unimployed become debauched and come forth instructed in the practice of Thievery and lewdness For remedy whereof Be it Enacted by the Kings most Excellent Majesty with advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by Authority of the same That the Iustices of the Peace of the respective Counties How Stocks may be provided for setting the poor on work at any their General Sessions or the major part of them then there assembled if they shall find it néedfull so to do may provide Stock of such Materials as they find convenient for the setting poor Prisoners on work in such manner and by such ways as other County-charges by the Laws and Statutes of the Realm are and may be levied and raised And to pay and provide fit persons to oversée and set such Prisoners on work and make such Orders for Accompts of and concerning the premisses as shall by them be thought néedful and for punishment of neglects and other abuses and for bestowing of the Profit arising by the labour of the Prisoners so set on work for their Relief which shall be duly observed And may alter revoke or amend such their Orders from time to time Provided that no Parish be rated above Sir pence by the wéek towards the premisses having respect to the respective values of the several Parishes And whereas sometimes by occasion of the Plague and otherwhiles by the great number of Prisoners great and infectious Diseases have happened among the Prisoners Sickness and Diseases hapning among Prisoners whereby it hath come to pass sometimes that the Iudges Iustices and Iurors have upon occasion of their Attendance at the Trial of Prisoners béen infected and many of them died thereof and sometime such Infection hath spread in the Country For some Remedy therein Be it by the same Authority Enacted That any Sheriff of the respective Counties having the Custody of the Gaol or such persons who have the Custody of the Goal with the advice and consent of thrée or more Iustices of the Peace whereof one to be of the Quorum may if they shall on inquiry or information find it needful upon emergent occasions in the respective Counties provide other safe places for the removal of sick or other persons from and out of the ordinary and usual Gaols the same places to be used and imployed for the reception and custody of the Prisoners to be by or according to their Order or Orders kept ordered disposed and conveyed to the places appointed for the Gaol-delivery in such and like manner as such Prisoners ought to be kept ordered disposed and conveyed in and from the Common Gaols by the Laws and Statutes of the Land Provided no such place be made use of for the purposes aforesaid against the good and frée will of the Owners thereof Provided also and be it Enacted by the Authority aforesaid That the Mayor Bayliff Removing of Prisoners and other Head-Officer or any other person and persons who have and hath the Custody of the Common Gaol within any Corporation of this Kingdom and Dominion of Wales shall by and with the advice of thrée or more Iustices of Peace within the said Corporation whereof one of them to be of the Quorum in time of Infection have the like power and authority for removing his and their Prisoners into some other convenient place within their Iurisdiction as to them shall séem fit during the time of Infection And also to raise a Stock after the same rates and proportions as is herein before allowed to and for the several Counties within this Kingdom Provided also And be it further Enacted by the
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
thereby Be it further Enacted by the Authority aforesaid That there shall be provided and kept in your Majesties Exchequer to wit in the Office of the Auditor of the Receipt one Book or Registry in which all Moneys that shall be paid into the Exchequer arising or payable by this Act shall be entred and registred apart and distinct from all other Moneys paid or payable to your Majesty or to your Heirs or Successors upon any other branch of your Revenue or upon any other account whatsoever And that there be one other Book or Registry provided and kept in the said Office of all Orders and Warrants to be made by the Lord Treasurer or Vnder-Treasurer or by the Commissioners of the Treasury for the time being for payment of all and every sum and sums of Moneys to all persons for Moneys lent Wares Goods or Victuals or other necessaries bought or Ships hired or other payments directed by your Majesty relating to the Service of this War upon the Moneys arising and payable by this Act and that no Moneys levyable by this Act be issued out of the Exchequer but by such Order or Warrant mentioning that the Moneys payable by such Order or Warrant are for the service of your Majesty in the said War respectively during the said War That also there be the like Book or Registry provided and kept by the said Auditor of all Moneys paid out or issued by vertue of such Orders and Warrants and that it shall be lawful for any person or persons willing to lend any Moneys or to furnish any Wares Victuals Ships Goods or other necessaries on the Credit of this Act at the usual times when the Exchequer is open to have access unto and view and peruse all or any of the said Books for their information of the state of those moneys and all ingagements upon them for their better encouragement to lend any moneys or furnish any Goods Wares Victuals Ships or other necessaries as aforesaid And that the Auditor of the Receipt his Deputy or Clerk shall be assistant to such persons for their better and speedier satisfaction in that behalf And that all and every person and persons who shall lend any moneys to your Majesty and pay the same into the Receipt of the Exchequer shall immediately have a Tally of Loan struck for the same and an Order for his repayment bearing the same date with his Tally in which Order shall be also contained a Warrant for payment of Interest for forbearance after the rate of six per cent per annum for his consideration to be paid every six Moneths until the repayment of his Principal And that all person and persons who shall furnish your Majesty your Officers of the Navy or Ordnance with any Wares Goods Ships Victuals or any other necessaries for the service aforesaid shall upon Certificate of the Commissioners and Officers of the Navy or of the Master or Commissioners and Officers of the Ordnance or some of them without delay forthwith have made out to them Warrants or Orders for the payment of the moneys due or payable unto them which Certificates the said Officers of your Navy Commissioners and Officers of the Ordnance shall make without fée charge or delay And that all Orders for repayment of moneys lent shall be Registred in course according to the date of the Tallies respectively and that all Orders signed by the Lord Treasurer and Vnder-Treasurer of the Exchequer for payment of moneys for Goods Wares and Victuals and other necessaries furnished to your Majesty your Officers Master or Commissioners as aforesaid shall be Registred in course according to the time of bringing to the Office of the Auditor of Receipt the Certificates above mentioned and that all Orders so signed for Payments directed by his Majesty shall be entred in course according to their respective Dates and none of the sorts of Orders above mentioned either for Loans of moneys supplies of Wares Goods Victuals Ships or other necessaries or by special direction shall have preference one before another but shall all be entred in their course according to the dates of the Tallies the times of bringing the Certificates and the dates of the Orders for payment directed by his Majesty as they are in point of time respectively before each other And that all and every person and persons shall be paid in course according as their Orders shall stand entred in the said Register-book Be it Orders for payments directed by his Majesty or for moneys lent or for Wares Commodities or other necessaries furnished as aforesaid So as that person his Executors Administrators and Assigns who shall have his Warrant or Order Warrants or Orders first entred in the said Book of Registry shall be taken and accounted as the first person to be paid upon the moneys to come in by vertue of this Act and he or they that shall have his or their Warrants or Orders Warrant or Order next entred shall be taken and accounted the second person to be paid and so successively and in course And that the moneys to come in by this Act shall be in the same order lyable to the satisfaction of the said respective parties their Executors Administrators or Assigns Native or Foreigner successively without preference of one before another and not otherwise and not be divertible to any other use intent or purpose upon any account or reason whatsoever And that no Fee Reward or Gratuity directly or indirectly be demanded or taken of any your Majesties Subjects for providing or making such Books Registers Entries Views Search Certificate in or for payment of money lent or the Interest thereof or for payment of any money upon any Order upon any Contract for Wares and Goods furnished to the use of your Majesties Navy and Ordnance as aforesaid by any of your Majesties Officer or Officers their Deputies or Clerks on pain of payment of treble damages to the party grieved by the party offending with costs of Suit And if the Officer himself take or demand any such Fée or Reward then to lose his place also And if any undue preference of one before another shall be made either in point of Registring contrary to the true meaning of this Act by any such Officer or Officers then the party offending shall be lyable by Action of Debt or on the Case to pay the value of the Debt Damages and Costs to the party grieved and shall be forejudged from his Place or Office And if such preference be unduly made by any his Deputy or Clerk without direction or privity of his Master then such Deputy or Clerk only shall be liable to such Action Debt Damages and Costs and shall for ever after be incapable of the same And in case the Auditor shall not direct the Order or the Clerk of the Pells Record or the Teller make payment according to each persons due place and order as afore directed then he or they shall be judged to forfeit and
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