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-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
or other outrage or misdemeanor whatsoever and by such summary course and order as is agréeable to Martial Law and as is used in Armies in time of War to procéed to the trial and condemnation of such Offendors and them to cause to be executed and put to death according to the Law Martial By pretext whereof some of your Majesties Subjects have béen by some of the said Commissioners put to death when and where if by the Laws and Statutes of the Land they had deserved death by the same Laws and Statutes also they might and by no other ought to have béen judged and executed And also sundry grievous Offendors by colour thereof claiming an exemption have escaped the punishments due to them by the Laws and Statutes of this your Realm by reason that divers of your Officers and Ministers of Iustice have unjustly refused or forborn to procéed against such Offendors according to the same Laws and Statutes upon pretence that the said Offendors were punishable onely by Martial Law and by Authority of such Commissions as aforsaid Which Commissions and all other of like nature are wholly and directly contrary to the said Laws and Statutes of this your Realm The Petition They do therefore humbly pray your most excellent Majesty That no man hereafter be compelled to make or yield any Gift Loan Benevolence Tax or such like charge without common consent by Act of Parliament And that none be called to make answer or take such Oath or to give attendance or be confined or otherwise molested or disquieted concerning the same or for refusal thereof And that no Fréeman in any such manner as is before mentioned be imprisoned or detained And that your Majesty would be pleased to remove the said Souldiers and Mariners and that your People may not be so burthened in time to come And that the foresaid Commissions for procéeding by Martial Law may be revoked and annulled And that hereafter no Commissions of like nature may issue forth to any person or persons whatsoever to be executed as aforesaid lest by colour of them any of your Majesties Subjects be destroyed or put to death contrary to the Laws and Franchise of the Land All which they most humbly pray of your most excellent Majesty as their Rights and Liberties according to the Laws and Statutes of this Realm And that your Majesty would also vouchsafe to declare That the awards doings and procéedings to the prejudice of your People in any of the premisses shall not be drawn hereafter into consequence or example And that your Majesty would be also graciously pleased for the further comfort and safety of your People to declare your royal will and pleasure That in the things aforesaid all your Officers and Ministers shall serve you according to the Laws and Statutes of this Realm as they tender the Honor of your Majesty and the Prosperity of this Kingdom Stat. 17 Car. cap. 14. CAP. I. A restraint of divers abuses committed on the Lords day FOrasmuch as the Lords day commonly called Sunday is much broken and prophaned by Carriers Waggoners Carters Wain-men Butchers and Drovers of Cattle to the great dishonor of God and reproach of Religion Be it therefore enacted by the Kings most excellent Majesty and the Lords Spiritual and Temporal and by the Commons in this present Parliament assembled and by the Authority of the same That no Carrier with any Horse or Horses A Carrier c. that travels upon the Lords day shall forfeit 20. s. nor Waggon-men with any Waggon or Waggons nor Car-men with any Cart or Carts nor Wain-man with any Wain or Wains nor Drovers with any Cattel shall after forty days next after the end of this present Session of Parliament by themselves or any other travel upon the said Day Butchers that sell or kill victual upon that day shall forfeit 6. s. 8. d. upon pain that every person and persons so offending shall lose and forfeit twenty shillings for every such offence Or if any Butcher by himself or any other for him by his privity or consent shall after the end of the said forty daies kill or sell any Victual upon the said Day That then every such Butcher shall forfeit and lose for every such offence the sum of six shillings and eight pence The said offences and every of them being done in view of any Iustice of Peace Mayor or other head Officer of any City or Town corporate within their limits respectively or being proved upon Oath by two or more witnesses or by the confession of the party offending before any such Iustice Mayor or head Officer within their several limits respectively wherein such offence shall be committed To which end every such Iustice Mayor or head Officer shall have power by this Act to minister an Oath to such witness or witnesses All which sums or penalties shall or may be levied by any Constable After conviction and by warrant from a Iustice c. the Constables c. may levy the said forfeitures to the use of the poor or they may be recovered by Suit or Church-warden by Warrant from any such Iustice or Iustices of the Peace Mayor or other head Officer as aforesaid within their several limits where such offence shall be committed or done by distress and sale of the Offendors goods rendring to the party the over-plus or shall be recovered by any person or persons that will sue for the same by Bill Plaint or Information in any of his Majesties Courts of Record in any City or Town corporate before his Majesties Iustices of the Peace in their General Sessions of the Peace All which forfeitures shall be employed to and for the use of the poor of the Parishes where the said offences shall be committed or done saving onely that it shall be lawful to and for any such Iustice Mayor or head Officer out of the said Forfeitures to reward any such person or persons that shall inform or otherwise prosecute any person or persons offending against this present Act according to their discretions so that such reward excéed not the third part of the Forfeiture Provided that such Bill Plaint or Information shall be commenced sued and prosecuted in the County City or Town corporate where such offence shall be committed and done and not elsewhere wherein no Essoin Protection or Wager of Law shall be allowed to the Defendant Provided always That it shall be lawful for any Constable or Church-warden that shall have any Suit or Action brought against them for any Distress by them or any of them to be taken by force of this present Act to plead the general Issue and to give the special matter in Evidence Provided likewise That no person or persons whatsoever shall be impeached by this Act unless he be thereof questioned within six moneths after the Offence committed Provided further That this Act shall not in any sort abridge or take away the Authority of the Court Ecclesiastical
of the reign of the late Quéen Elizabeth intituled An Act touching leases of Benefices and other Ecclesiastical livings with Cure together with all and every explanations additions 27 El. not printed and alterations thereof or of any of them or to any of them made by several Statutes in the fourtéenth eightéenth 3 Jâ—c 8. The four acts above mentioned made perpetual and thrée and fortieth years of her said late Maiesties reign And one Act made in the seven and twentieth year of the reign of the late Quéen Elizabeth intituled An Act for the maintenance of the Péer and Cobb of Lyme Regis in the County of Dorset 21 Jac. 17. made perpetual And one Act made in the third year of the reign of the late King James intituled An Act for the avoiding of unnecessary delayes of executions be by authority of this present Parliament made perpetual and shall from henceforth stand in full force and effect and be put in due execution for ever hereafter And be it also enacted by the same authority That one Statute made in the one and twentieth year of the reign of the late King James intituled An Act against Vsury which act was to continue for the space of seven years from the four and twentieth day of June which then should be in the year of our Lord one thousand six hundred twenty and five and so to the end of the first Session of Parliament then next following be also by authority of this Parliament made perpetual 2â— H. 12. And it is further enacted by the authority aforesaid That one Act made in the one and twentieth year of the reign of the late King Henry the eighth intituled an Act for the true making of Cables Halters and Ropes And that part of one Act made in the Parliament holden at Westminster by prorogation the fourth day of November 3 4 Ed. 6. 1â— and continued untill the first day of February next after in the third and fourth years of the reign of the late King Edward the sixth by which it is ordained and enacted That no Person or Persons after the time in the said Act mentioned shall sell again alive Cattel in the said act mentioned at or in the Market or Fair wherein he bought the same during the time of the same Fair or Market under the pains therein contained And that no person being a Butcher and using the craft or mystery of Butchery shall at any time after the said feast buy any fat Oxen Stéers Ronts Kine Heifers Calves or Shéep and sell or cause to be sold the same again alive upon pain of forfeiture of every such Ox Stéer Ront 3 4 Ed. 6. 21. Cow Heifer Calves or Shéep bargained or sold contrary to the forme of that Act One other Act made in the same Parliament intituled an Act for the buying and selling of Butter and Chéese together with one Statute made in the Parliament holden in the one and twentieth year of the reign of the late King James 21 Jac. 22. intituled an Act for the explanation of the Statutes made in the third and fourth and fifth years of the reign of the said late King Edward the sixth concerning the traders of Butter and Chéese â— El 5. And so much of an Act made in the fifth year of the Reign of the late Quéen Elizabeth intituled an Act touching certain politick constitutions made for the maintenance of the Navy as is not repealed by any later Statute nor doth concern the eating of flesh or using of fish upon the Wednesday Nor the transportation of herring or other Sea fish Nor fréedom of subsidy Custome or Tonnage for the same Nor Transportation of Corn nor the prohibiting the bringing into this Realm any Cod or Ling in Barrels or other Casks together with all and every other additions explanations and alterations made thereunto or thereof or of any part thereof by any Statute or Statutes made sithence the making of the said last mentioned Act and in force the last day of the Session of Parliament that was in the one and twentieth year of the Reign of the late King James 5 El. 7. And one other Act made in the said fifth year intituled an Act for avoiding divers forreign wares made by handy-crafts Men beyond the Seas 8 El. 10. And an Act made in the eighth year of the Reign of the said late Quéen Elizabeth intituled an Act for Bowyers and the prices of Bows 13 El. 21. And one Act made in the thirtéenth year of the Reign of the late Quéen Elizabeth intituled an Act that Purveyors may take Corn and Victuals within five miles of Cambridge and Oxford in certain cases 14 El. 5. And so much of an Act made in the fourtéenth year of the Reign of the said late Quéen Elizabeth intituled an Act for the punishment of Vagabonds and the relief of the poor and impotent as concerneth the taxing rating levying and imploying of Gaol-mony â—8 El. 3. And so much of an Act made in the eightéenth year of the Reign of the said late Quéen Elizabeth intituled an Act for the setting the poor on work and avoiding Idleness as concerneth Bastards begotten out of lawful Matrimony with this that all Iustices of the Peace within their several limits and precincts and in their several Sessions may do and execute all things concerning that part of the said Statute that by Iustices of the Peace in the several Counties are by the said Statute limited to be done 18 El. 20. And an Act made in the said eightéenth year of the reign of the said late Quéen Elizabeth intituled an Act for repairing and amending the Bridges and High-wayes near unto the City of Oxford 2â— El. not printed And one Act made the seven and twentieth year of the Reign of the said late Quéen Elizabeth intituled an Act for the good Government of the City or Borough of Westminster 27 El. 14 3 4 Ed. 6. 20. 27 El 28. And two other Acts made in the said seven and twentieth year of the Reign of the said late Quéen Elizabeth the one intituled an Act for reviving of a former Statute for the true making of Mault together with the Statute by the said Act revived and the other intituled an Act for the kéeping of the Sea banks and Sea works in the County of Norfolke And one Act made in the one and thirtieth year of the Reign of the late Quéen Elizabeth 31 El. 8. intituled an Act for the true gawging of Vessels brought from beyond the Seas converted by Brewers for the utterance and sale of Ale and Béer And two Acts made in the five and thirtieth year of her said late Maiesties Reign 35 El. 10. the one intituled an Act for the Reformation of sundry abuses in Cloaths called Devonshire Kersies or Dozens according to a Proclamation of the four and thirtieth year of her said Maiesties Reign the
on the one part and the person or persons farming on the other part shall be good and effectual in Law to all intents and purposes Provided alwayes to the end the aforesaid duty may be paid with most ease to the people It is hereby further Enacted Persons contracting that be nominated by the Iustice of the Peace in every County shall have the refusal of any Farm That the Lord Treasurer Commissioners of the Treasury or other persons aforesaid shall not within six moneths after the Commencement of this Act treat conclude or agrée with any person or persons touching the Farming of this duty upon Béer and Ale in any the respective Counties or Places of this Realm or Dominions thereof other then with such person or persons as by the Iustices of Peace of the said Counties or places or the major part of them at their publick Quarter Sessions shall be nominated and appointed in that behalf which person or persons is to have the first refusal of any such Farm respectively and may take the same Any thing in this Act to the contrary thereof in any wise notwithstanding Provided that the said duty shall not be let to any other person or persons then to the person or persons recommended by the Iustices under the rate that it shall be tendred to and refused by such person or persons so recommended Forfeitures offences within this Act where determined And be it further Enacted and Ordained by the Authority aforesaid That all forfeitures and offences made done and committed against this Act or any clause or article therein contained shall be heard adjudged and determined by such person or persons and in such manner and form as hereafter in and by this Act is directed and appointed that is to say all such forfeitures and offences made and committed within the immediate limits of the chief Office in London shall be heard adjudged and determined by the said chief Commissioners and Governors of Excise appointed by His Majesty or the major part of them or by the Commissioners for Appeals and regulating of this duty or the major part of them in case of Appeal and not otherwise And all such forfeitures and offences made and committed within all or any other the Counties Cities Towns or Places within this Kingdom or Dominions thereof shall be heard and determined by any two or more of the Iustices of the Peace residing near to the place where such forfeitures shall be made or offence committed And in case of neglect or refusal of such Iustices of the Peace by the space of 14 dayes next after complaint made and notice thereof given to the Offender then the Sub-Commissioners or the major part of them appointed for any such City County Town or Place shall and are hereby impowered to hear and determine the same And if the party find himself aggrieved by the Iudgment given by the said Sub-Commissioners Appeals by parties grieved he shall and may appeal to the Iustices of the Peace at the next Quarter Sessions who are hereby impowered and authorised to hear and determine the same whose Iudgment therein shall be final which said Commissioners for Appeals and regulating of this duty and the chief Commissioners for Excise and all Iustices of Peace and Sub-Commissioners aforesaid respectively are hereby authorised and strictly enjoyned and required upon any complaint or information exhibited and brought of any such forfeiture made or offence committed contrary to this Act to summon the party accused and upon his appearance or contempt to procéed to the examination of the matter of Fact and upon due proof made thereof either by the voluntary confession of the party or by the oath of one or more credible witnesses which Oath they or any two or more of them have hereby power to administer to give Iudgment or Sentence according as in and by this Act is before ordained and directed And to award and issue out Warrants under their hands for the levying of such forfeitures penalties and fines as by this Act is imposed for any such offence committed upon the Goods and Chattels of the Offender and to cause Sale to be made of the said Goods and Chattels if they shall not be redéemed within fourtéen days rendring to the party the overplus if any be and for want of sufficient Distress to imprison the party offending till satisfaction be made Provided nevertheless That it shall and may be lawful Fines and forfeitures may be mitigated to and for the said respective Iustices of Peace Commissioners for Excise or any two of them or their Sub-Commissioners respectively from time to time where they shall sée cause to mitigate compound or lessen such forfeiture penalty or fine as in their discretion they shall think fit And that every such mitigation and payment thereupon accordingly made shall be a sufficient discharge of the said penalties and forfeitures to the persons so offending so as by such mitigation the same be not made less than double the value of the duty of Excise which should or ought to have béen paid besides the reasonable costs and charges of such Officer or Officers or others as were imployed therein to be to them allowed by the said Iustices any thing in this Act to the contrary in any wise notwithstanding And it is hereby further Enacted and Ordained That all Fines How the fines and forfeitures shall be imployed Forfeitures and Penalties mentioned in this Act all necessary charges for the recovery thereof being first deducted shall be imployed thrée fourth parts thereof to and for the use of the Kings Majesty and the other 4th part to the Discoverer or Informer of the same And for the better managing collecting securing levying and recovering of all and every the said rates and charges of Excise hereby imposed and set upon all or any of the Commodities before mentioned to the end the same may be paid and disposed of according to the intent of this present Act Be it further Enacted and Ordained by the authority aforesaid and it is hereby Enacted That one principal Head-Office shall be erected and continued in the City of London or within ten miles thereof from time to time as long as his Majesty shall think fit for this duty unto which all other Offices for the same within England and Wales and the Town and Port of Berwick shall be subordinate and accomptable Which said Office shall be managed by such Officers as shall be appointed by the Kings Majesty as aforesaid who or any two of them Commissioners and Governors for managing the Receipts of Excise are hereby appointed and constituted Commissioners and Governours for the management of His Majesties Receipt of the Excise and to sit in some convenient place in the City of London or within ten miles thereof from time to time as long as his Majesty shall think fit And be it Enacted by the Authority aforesaid That no person or persons shall be capable of
of this duty be first paid and satisfied by the said Victualler or Retailer to the Brewer or Maker thereof Provided alwayes That if any person or persons shall brew and sell by retail any small quantities of béer or ale in any Fair within this Realm Proviso for Beer and Ale sold in Fairs or Dominions aforesaid who is not otherwise any common or usual Brewer or Retailer thereof and shall before any such selling and retailing thereof well and truly pay and satisfie the duty due for the same to the Commissioners or Sub-Commissioners within whose Limits or Division the said Fair shall be held or to their Officers thereunto appointed Then such person or persons so brewing or retailing the same and for so much and no more nor otherwise shall be freed and discharged from all penalties and forfeitures in and by this Act before mentioned and imposed Any thing therein contained to the contrary notwithstanding Provided nevertheless that it shall and may be lawful to and for the said Commissioners The Commissioners may compound for the Excise in their Divisions and Sub-Commissioners respectively to compound for this Duty with any Inn-kéeper Victualler Alehouse-kéeper or Retailer of Béer Ale and other the Liquors aforesaid within their respective Divisions from time to time and in such manner and form as may be most for the advantage and improvement of the receipts thereof Any thing in this Act before contained to the contrary notwithstanding And it is further Ordained and Enacted by the Authority aforesaid That the Lord Treasurer The power of the Lord Treasurer c. to contract for farming any the rates or duties in this Act. or Commissioners of the Treasury for the time being or such other person or persons as His Majesty His Heirs and Successors shall appoint shall have power and are hereby authorised and impowered from time to time to treat contract conclude and agrée with any person or persons for or concerning the Farming of all or any the Rates Duties and Charges in this Act mentioned upon Béer Ale Perry Syder or other the Liquors aforesaid in any the respective Counties Cities or Places of this Realm or Dominions thereof as may be for the greatest benefit and advantage of the said Receipt so as the same excéed not the term of Thrée years And be it further Enacted That every such Contract Bargain and Agréement of the Lord Treasurer or Commissioners of the Treasury or other persons aforesaid on behalf of His Majesty on the one part and the person or persons farming on the other part shall be good and effectual in Law to all intents and purposes Provided alwayes to the end the aforesaid duty may be paid with most ease to the people Persons to be approved by the Iustices of the Peace c. within six moneths to have the refusal of contracting for the Excise in these respective Counties It is hereby further Enacted That the Lord Treasurer Commissioners of the Treasury or other persons aforesaid shall not within six moneths after the Commencement of this Act treat conclude or agrée with any person or persons touching the Farming of this duty upon Béer and Ale in any the respective Counties or Places of this Realm or Dominions thereof other then with such person or persons as by the Iustices of Peace of the said Counties or places or the major part of them at their publick Quarter Sessions shall be nominated and appointed in that behalf which person or persons is to have the first refusal of any such Farm respectively and may take the same Any thing in this Act to the contrary thereof in any wise notwithstanding Provided that the said duty shall not be let to any person or persons then to the person or persons recommended by the Iustices under the rate that it shall be tendred to and refused by such person or persons so recommended And be it further Enacted and Ordained by the Authority aforesaid Forfeiture and offences within this Act how to be determined That all forfeitures and offences made done and committed against this Act or any clause or article therein contained shall be heard adjudged and determined by such person or persons and in such manner and form as hereafter in and by this Act is directed and appointed that is to say all such forfeitures and offences made and committed within the immediate limits of the chief Office in London shall be heard London adjudged and determined by the said chief Commissioners and Governors of Excise appointed by His Majesty or the major part of them or by the Commissioners for Appeals and regulating of this duty or the major part of them in case of Appeal and not otherwise Counties Cities c. within this Kingdom And all such forfeitures and offences made and committed within all or any other the Counties Cities Towns or Places within this Kingdom or Dominions thereof shall be heard and determined by any two or more of the Iustices of the Peace residing near to the place where such forfeitures shall be made or offence committed Neglects of the Iustices And in case of neglect or refusal of such Iustices of the Peace by the space of fourtéen dayes next after complaint made and notice thereof given to the Offender then the Sub-Commissioners or the major part appointed for any such City County Town or Place shall and are hereby impowered to hear and determine the same And if the party find himself aggrieved by the Iudgment given by the said Sub-Commissioners he shall and may appeal to the Iustices of the Peace at the next Quarter Sessions who are hereby impowered and authorised to hear and determine the same whose Iudgment therein shall be final which said Commissioners for Appeals and regulating of this duty and the chief Commissioners for Excise and all Iustices of Peace and Sub-Commissioners aforesaid respectively are hereby authorised and strictly enjoyned and required upon any complaint or information exhibited and brought of any such forfeiture made or offence committed contrary to this Act to summon the party accused and upon his appearance or contempt to procéed to the examination of the matter of Fact and upon due proof made thereof either by the voluntary confession of the party or by the oath of one or more credible witnesses which Oath they or any two or more of them have hereby power to administer to give Iudgment or Sentence Levying the forfeitures according as in and by this Act is before ordained and directed And to award and issue out Warrants under their hands for the levying of such forfeitures penalties and fines as by this Act is imposed for any such offence committed upon the Goods and Chattels of the Offender and to cause Sale to be made of the said Goods and Chattels if they shall not be redéemed within fourtéen days rendring to the party the overplus if any be and for want of sufficient Distress to imprison the party
be drawn into example for the time to come 1 R. 3. ca. 2. CAPr V. For preventing Tumults and Disorders upon pretence of preparing or presenting publick Petitions or other Addresses to his Majesty or the Parliament Tumultuous and disorderly preparing petitions a great occasion of the late wars and calamities VVHereas it hath béen found by sad experience that Tumultuous and other Disorderly solliciting and procuring of Hands by private Persons to Petitions Complaints Remonstrances and Declarations and other Addresses to the King or to both or either Houses of Parliament for alteration of matters established by Law redress of pretended grievances in Church or State or other publick Concernments have béen made use of to serve the ends of Factious and Seditious persons gotten into power to the violation of the publick Peace and have béen a great means of the late unhappy Wars Confusions and Calamities in this Nation for preventing the like mischief for the future No person after the 1 Aug. 1661. shall sollicite or procure any petition c. for altering any established law in Church or state Be it Enacted by the Kings most Excellent Maiesty by and with the consent of the Lords and Commons Assembled in Parliament and by the Authority of the same That no person or persons whatsoever shall from and after the first of August One thousand six hundred sixty and one Sollicite Labour or procure the getting of Hands or other Consent of any persons above the number of twenty or more to any Petition Complaint Remonstrance Declaration or other Address to the King or both or either Houses of Parliament for alteration of matters established by Law in Church or State unless the matter thereof have béen first consented unto and Ordered by thrée or more Iustices of the County or by the Major part of the Grand Iury of the County or division of the County where the same matter shall arise at their publick Assizes or General Quarter Sessions or if arising in London by the Lord Mayor Aldermen and Commons in Common Councel assembled And that no person or persons whatsoever shall repair to his Majesty or both or either of the Houses of Parliament upon pretence of presenting or delivering any Petition Complaint Remonstrance or Declaration or other Addresses accompanied with excessive number of People nor at any one time with above the number of Ten persons upon pain of incurring a penalty not excéeding the sum of one hundred pounds in money and thrée moneths Imprisonment without Bail or Mainprize for every offence to be prosecuted at the Court of Kings Bench or at the Assizes or General Quarter Sessions within six moneths after the offence committed and proved by two or more credible witnesses Proviso Provided alwayes that this Act or any thing therein contained shall not be construed to extend to debar or hinder any person or persons not excéeding the number of Ten aforesaid to present any publick or private Grievance or Complaint to any Member or Members of Parliament after this Election and during the continuance of the Parliament or to the Kings Majesty for any Remedy to be thereupon had nor to extend to any Address whatsoever to his Majesty by all or any of the Members of both or either Houses of Parliament during the sitting of Parliament but that they may enjoy their fréedom of Access to his Majesty as heretofore hath béen used CAP. VI. The Militia declared to be in the King and for the present Ordering and Disposing the same The command of the Militia by Sea and land the undoubted right of his Majesty FOrasmuch as within all His Majesties Realms and Dominions the sole Supream Government Command and Disposition of the Militia and all Forces by Sea and Land and of all Forts and Places of strength is and by the Laws of England ever was the undoubted Right of His Majesty and his Royal Predecessors Kings and Quéens of England and that both or either of the Houses of Parliament cannot nor ought to pretend to the same nor can nor lawfully may raise or levy any War Offensive or Defensive against His Majesty his Heirs or lawful Successors and yet the contrary thereof hath of late years béen practised almost to the Ruine and Destruction of this Kingdom and during the late usurped Governments many evil and Rebellious Principles have béen distilled into the minds of the People of this Kingdom which unless prevented may break forth to the disturbance of the Peace and Quiet thereof And whereas an Act is under consideration for exercising the Militia An Act under consideration touching the Militia with most safety and case to the King and his People which Act cannot as yet be perfect Be it therefore Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords and Commons assembled in Parliament That the Militia and Land-Forces of this Kingdgom and of the Dominion of Wales and Town of Berwick upon Tweed now under the Power of Lieutenants or their Deputies shall be exercised ordered and managed until the Five and twentieth day of March next ensuing in such manner as the same now is actually exercised ordered and managed according to such Commissions and Instructions as they formerly have or from time to time shall receive from his Majesty And whereas since the Twenty fourth of June One thousand six hundred and sixty there have béen Insurrections by occasion whereof divers of his Majesties good Subjects have béen murthered and for the securing the Peace of the Nation and preventing further disorders divers persons suspected to be Fanaticks Sectaries or Disturbers of the Peace have béen Assaulted Arrested Detained or Imprisoned and divers Arms have béen seised and Houses searched for Arms or suspected persons Be it therefore further Enacted by the Authority aforesaid That all and every person and persons who have or shall have acted Persons who have Acted by commission of Lieutenancy or done any thing in execution of any Commission or Commissions of Lieutenancy issued by the Kings Majesty that now is or by colour of them or any of them touching or concerning the same or any of them or relating thereunto shall be and are hereby saved harmless and indempnified in this behalf And also all Magistrates Iustices of the Peace Officers and Ministers of Iustice and all persons that have or shall have acted by or under them or by their or any of their Commands since the said Twenty fourth day of June One thousand six hundred and sixty until the twentieth day of July One thousand six hundred sixty and one as to any assaulting arresting detaining or imprisoning any person suspected to be Fanatick Sectary or Disturber of the Peace or seising of Arms or searching of Houses for Arms or for suspected persons shall be and are hereby saved harmless and indempnified in that behalf Provided That neither this Act nor any thing therein contained Proviso shall after the Five
and for the said respective Lieutenants and in their absence as aforesaid or otherwise by their directions to and for their Deputies or any two or more of them by warrant under their hands and seals to levy all such penalties as are appointed by this Act by distress and sale of the offenders Goods rendring the overplus to the Party distrained And it is hereby Ordained and Enacted And to defalk the charges out of their next Rent That it shall and may be lawful to and for the said Tenant or Tenants to defalk out of such rent as shall be next due to his or their Landlord all such Money as the said Tenant or Tenants shall necessarily lay out or expend in providing such horse and Horse-man horses and Horse-men and Arms or Foot-souldier and Arms as are charged upon his or their Landlord or shall pay or be levied upon him or them by distress for any default in manner as aforesaid any condition reservation Covenant or Contract for the payment of his or their Rent to the contrary in any wise notwithstanding And for so doing the said Tenant or Tenants shall be indemnified by Authority of this Act The Tenants indemnified for so doing unless the Land-lord or Land-lords shall make it appear within two moneths after such levying such penalties before the respective Lieutenants and in their absence as aforesaid or otherwise by their directions before their Deputies or any two or more of them that the default and penalty was occasioned by the wilful neglect of the said Tenant or Tenants Peers not to act as Lieutenants or Deputies before they take the Oath of Allegiance c. Provided also That no person being a Péer of this Realm shall be capable of acting or serving as Lieutenant or Deputy-Lieutenant by vertue of this Act unless he or they shall first before six of the Lords of his Majesties Privy-Council for the time being or such other Persons as shall be authorised by his Majesty to administer the same take the Oaths of Allegiance and Supremacy and also this Oath following I A.B. do declare and believe that it is not lawful upon any pretence whatsoever to take Arms against the King And this oath And that I do abhor that Traiterous Position That Arms may be taken by his authority against His Person or against those that are Commissioned by him in pursuance of such Military Commissions So help me God Which Oaths they have hereby power to administer Persons under the degree of a Peer to take the Oath of Allegiance c. And that no Person being under the degrée of a Péer of this Realm shall be capable of acting as Lieutenant Deputy-Lieutenant Officer or Souldier by vertue of this Act unless he or they shall first take the Oaths of Allegiance and Supremacy and this Oath following I A. B. do declare and believe that it is not lawful upon any pretence whatsoever to take Arms against the King And that I do abhor that Traiterous Position And this oath That Arms may be taken by his Authority against His Person or against those that are Commissioned by Him in pursuance of such Military Commissions So help me God Which Oaths any one Iustice of Peace of the respective Counties and Places aforesaid is enabled to administer to such respective Lieutenant as is not a Péer of this Realm and the said Lieutenant or any one Iustice of Peace of the respective Counties and Places aforesaid is enabled to administer to the respective Deputy-Lieutenants not being Péers and the said respective Lieutenants and in their absence as aforesaid or otherwise by their directions when they are not absent their Deputies or any two of them shall and are hereby Enabled to administer the said Oaths to the said Officers and Souldiers The Trained Bands to continue till the 25. March 1663. And no longer And to the end there may be some convenient time to put in execution the Powers of this Act and preparing an Establishment according to the same Be it hereby Enacted That the Trained Bands and Forces now actually raised and in being shall so continue in each respective City and County of England and Wales until the five and twentieth day of Mach One thousand six hundred sixty and thrée and no longer unless an Establishment according to this Act be no sooner had any thing in this present Act to the contrary in any wise notwithstanding The times appointed for training and mustering And it is hereby Declared and Enacted That the Ordinary times for Training Exercising and Mustering the Forces to be raised by vertue of this Act shall be these following that is to say the general Muster and Exercise of Regiments not above once a year the Training and Exercising of single Companies not above four times a year unless special Directions be given by his Majesty or his Privy-Council And that such single Companies and Troops shall not at any one time be continued in Exercise above the space of two days and that at a General Muster and Exercise of Regiments What Arms and Provision every Souldier shall bring no Officer or Souldier shall be constrained to stay for above four days together from their respective habitations And that at every such Muster and Exercise every Musquetier shall bring with him half a pound of Powder at the charge of such person or persons as provide the said Foot-souldier and Arms and every Horse-man is to bring with him a quarter of a pound of Powder at the charge of such person or persons as provide the said horse Horse-man and Arms and the Arms Offensive and Defensive with the Furniture for Horse are to be as followeth The Defensive Arms a Back Breast and Pott and the Breast and Pott to be Pistol-proof The Offensive Arms a Sword a Case of Pistols the Barrels whereof are not to be under 14 Inches in length The furniture for the Horse to be a great Saddle or Padd with Burrs and Trapps to affix the Houlsters unto a Bitt and Bridle with a Pectorel and Crupper For the Foot a Musquetier is to have a Musquet the Barrel whereof is not to be under thrée foot in length And the Gage of the Bore to be for 12 Bullets to the pound a Coller of Bandeliers with a Sword Provided that all Muster-Masters shall for the present admit and allow of any Musquets already made which will bear a Bullet of 14 to the pound But no Musquets which henceforth shall be made are to be allowed of but such as are of the Gage for 12 Bullets to the pound A Pike-man is to be armed with a Pike made of Ash not under 16 foot in length the head and foot included with a Back Breast Head-piece and Sword Provided that all Muster-Masters shall for the present admit and allow of any Pikes already made that are not under 15 foot in length But no Pikes which shall be hereafter made are to be allowed of
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-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-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
to be upheld repaired and maintained after it be so erected at the charge of the Lord of the Mannor wherein the said Bridge now standeth proportionable to the charge he is now at for maintaining the Horse-Bridge and the residue of the charge to be born by the Parishioners of the said Parish For which purpose the said Iustices of the Peace at their said publick Sessions are hereby enabled to make respective rates accordingly so as the sum to be assessed for the erecting the said Bridge excéed not the sum of One hundred pounds and the said Iustices are to take care that the said Bridge be finished by or before the First day of August in the year of our Lord God One thousand six hundred sixty and thrée And be it Enacted by the Authority aforesaid Bridges to have sufficient Walls or Posts and Rails That the said Surveyors do take care that all and every Bridge or Bridges within their respective limits shall before the Feast of St. Michael One thousand six hundred sixty and two have sufficient walls or posts and rails of each side thereof four foot high at the least and that the said walls or posts and pails be from time to time kept in sufficient repair Provided always And be it Enacted by the Authority aforesaid Proviso for chusing Surveyors for the year 1662. EXP. That the Surveyors of the High-ways named for the year One thousand six hundred sixty and two shall within twenty days after the publication of this Act procéed to do and execute all things in this Act for the said year One thousand six hundred sixty two And where there are no Surveyors of the High-ways chosen for the said year One thousand six hundred sixty two they shall be chosen within twenty days after publication of this Act by such persons as by this Act is appointed and being so chosen they shall hereafter do and execute all things according to the tenor of this Act. Provided also And be it Enacted by the Authority aforesaid That where any Lands are let Tenants to bear the charges of Assessments for High-ways the Tenant and Occupier thereof shall pay the Assessment and bear all charges for the mending of the High-ways and not the Landlord except where there is or shall be any agréement betwéen the said Landlord and the Tenant to the contrary Provided also and be it further Enacted The continuance of this Act. That the power of raising and levying money by vertue of this Act shall continue in force for thrée years only from the Five and twentieth day of March One thousand six hundred sixty and two and no longer but that all other Powers and Clauses in this Act shall continue and stand in force until the end of the first Session of the next Parliament and no longer CAP. VII Exportation of Leather and Raw Hides out of the Realm of England restrained WHereas notwithstanding the many good Laws before this time made and still in force 5 E. 6. cap. 15. 6 El. cap. 22. 8 El. cap. 14. 18 El. cap. 9. prohibiting the Exportation of Leather out of this Realm and the penalty by those Acts imposed by the cunning and subtilty of some persons and the neglect of others who ought to take care thereof there are such quantities of Leather daily exported to forreign parts that the price of Leather is grown to those excessive Rates that many Artificers working Leather cannot furnish themselves with sufficient store thereof for the carrying on of their Trades and the poor sort of people are not able to buy those things made of Leather which of necessity they must make use of For redress of which griefs Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled That from and after the First day of May now next ensuing no person or persons whatsoever shall carry or transport or cause to be carried or transported out of England into Scotland Ireland or into any of the Isles belonging to this Kingdom What Skins or Hides Tanned may not be transported or to any parts beyond the Seas the Skins or Hides Tanned or Vntanned of any Ox Stéer Bull Cow or Calf otherwise or in any other manner then is by this present Act directed And be it further Enacted by the Authority aforesaid That none of the Skins or Hides aforesaid which shall happen to be taken from any of the beasts aforesaid within any Island whatsoever belonging to the Kingdom of England except Ireland shall be transported out of that Island to any other place but into the Kingdom of England upon pain of forfeiture for every such offence double the value of Skins or Hides The Penalty so to be transported out of the said Island or any of them to any other place then into the Kingdom of England the same forfeiture to be sued for and disposed as hereafter in this Act is directed And for the better preventing of such mischiefs as are intended to be remedied by this Act Be it Enacted by the Authority aforesaid What Leather must be bought onely in open Fairs or Markets for selling Leather The Penalty That all Red Tanned Leather made of the Hides or Skins of any of the Beasts aforesaid of what kind or nature soevâ—â— shall be bought onely in the open and common Fair or Market used for the putting of Leather to sale and not in any House Tanners Yard Shop or other place whatsoever on pain that such person or persons that shall not accordingly do the same shall for every such offence forfeit the same Leather or the value thereof and the contract for the sale thereof shall be void and all such Leather shall be Searched and Sealed by the Searchers and Sealers thereunto appointed before the same be put to Sale and upon such sale shall be Registred and a true Entry thereof made both by the Buyer and Seller who are both to be present at such Registring thereof and both their names and places of abode entred into the Book of the said Register on pain that every such Buyer or Seller that shall not accordingly do the same shall for every such offence forfeit the same Leather or the value thereof and the forfeiture shall be recovered and imployed in such manner as hereafter in this Act is directed Penalty for Transportation of any Leather or Raw-Hides And be it further Enacted by the Authority aforesaid That if any person or persons shall be found guilty of the Transportation of any Leather or Raw Hides of any of the Beasts aforesaid excepting such Calve-skins and Shéep-skins dressed without the Wooll as by Law may be Transported contrary to the provision of this Act he shall from thenceforth be disabled to Trade or Deal in Leather for the future and shall for every such offence forfeit the sum of Five hundred pounds to be
execution of their Office all and every person and persons so resisting affronting abusing beating or wounding the said Officer or Officers or their Deputies or such as shall Act in their aid or assistance shall by the next Iustice of Peace or other Magistrate be committed to Prison there to remain till the next quarter-Quarter-Sessions And the Iustices of the Peace of the said quarter-Quarter-Sessions shall and are hereby impowered to punish the Offender by Fine not excéeding One hundred pounds and the Offender is to remain in Prison till he be discharged by Order of the Exchequer both of the Fine and of the Imprisonment or discover the person that set him on work to the end he may be legally procéeded against No goods to be Water-born or landed but in the presence of some Officer of the Customs And be it further Enacted by the Authority aforesaid That if any Wharfinger or Kéeper of any Wharf Crane Key or their servants or any of them shall take up or land or knowingly suffer to be taken up or landed or shall Ship off or suffer to be Water-born at or from any of their said Wharfs Cranes or Keys any Goods Wares or Merchandize prohibited or whereof any Custom Subsidy or other Duties are due and payable unto the Kings Majesty without the presence of some of the Officers of His Majesties Customs thereunto appointed or at hours and times not appointed by Law except in the Port of Hull 1 Eliz cap. 11. as in the Statute of the First year of Quéen Elizabeth Chapter the eleventh is excepted not otherwise or Goods passing by Certificates Waste-Cockquet The Penalty or otherwise without the presence or notice given to one or more of His Majesties Officers That in every such case all and every such Wharfinger and Kéeper of such Wharfe Crane or Key shall forfeit and pay the sum of One hundred pounds And if any Goods or Merchandize shall be Laden or taken in from the Shore into any Bark Hoy Lighter Barge Wherry or Boat to be carried aboard any Ship or Vessel Outwards bound for the parts beyond the Seas or Laden or taken in from or out of any Ship or Vessel coming in and arriving from foreign parts without a Warrant and presence of one or more Officers of the Customs such Bark Hoy Lighter Barge Boat or Wherry shall be forfeited and lost and the Master Purser Boatswain or other Mariner of any Ship Inward bound knowing and consenting thereunto shall forfeit the value of the Goods so unshipped And further That in case any Car-man Porter Water-man or other person or persons whatsoever shall assist in the taking up landing shipping off or carrying away any such Goods Wares or Merchandizes that then such Carman Porter Water-man or other person or persons so offending being apprehended by Warrant of any Iustice of the Peace for that County City or Borough which the said Iustices every of them are hereby Authorized to issue and to examine Witnesses upon Oath concerning such fact and the same being proved by the Oath of Two Witnesses the said Offenders for such first Offence shall and may by such Iustice of the Peace be committed to the next Gaol there to remain till he and they find sufficient Surety to be of the good behaviour for so long time until he they shall be thereof discharged by the Lord Treasurer Chancellor Vnder-Treasurer or Barons of the Exchequer And in case he or they so convicted shall afterwards at any time offend in the like kind then he and they shall and may by any Iustice of the Peace as aforesaid be committed to the next Gaol there to remain for the space of Two Moneths without Bail or Mainprize or until he shall pay unto the Sheriff of that County the sum of Five pounds for the use of His Majesty or until he shall by the Lord Treasurer Chancellor or Vnder-Treasurer or Court of Exchequer be thence discharged Be it further Enacted by the Authority aforesaid That if any Goods Wares or Merchandizes shall be shipped or put on Board to be carried forth to the open Sea from any one Port Goods carryed from one Port to another in England or Wales Créek or Member in the Kingdom of England Dominion of Wales or Port and Town of Berwick to be landed at any other place of this Realm without a Sufferance or Warrant first had and obtained from the said person or persons which are or shall be appointed for managing the Customs and Officers of his Majesties Customs all such Wares and Merchandizes shall be forfeited and lost and that the Master of every Ship or Vessel that shall lade or take in any such Goods Wares or Merchandizes in any Port Member or Créek within this Kingdom of England Dominion of Wales or Town and Port of Berwick to be landed and discharged in some other Port Member or Créek of the said Kingdom of England Dominion of Wales or Town and Port of Berwick shall before the Ship or Vessel be removed or carried out of the Port where he shall take in his lading take out a Cocquet or Cocquets and become bound to the Kings Majesty with good Security in the value of the Goods Wares and Merchandizes aforesaid for Delivery and Discharge thereof in the Port or place for which the same shall be entred as aforesaid or in some other Port or place within the said Kingdom of England Dominion of Wales or Port and Town of Berwick and the dangers and accidents of the Seas excepted to return a Certificate within Six moneths after the date of such Cocquet and Cocquets under the Hands and Seals of the Kings Majesties Officers Signed also by some of the said person or persons which are or shall be appointed by His Majesty for managing the Customs or their Deputy or Deputies in every respective Ports Members or Créeks where the same shall be landed and discharged to His Majesties Officers of the Customs to whom such security hath béen given as aforesaid that such Goods Wares and Merchandizes were there landed and discharged accordingly Officers of any Port making false certificate upon the penalty of the forfeiture of the Bond and Security aforesaid And be it hereby further Enacted That if any Officer of any Port Member or Créek shall grant or make any false Certificate of any Goods or Merchandizes which should have béen landed out of any Ship or Vessel That such Officer shall lose his Imployment and moreover forfeit the sum of Fifty pounds The Penalty and suffer one years Imprisonment without bail or mainprize and be incapable of serving his Majesty in any place of Trust concerning his Customs and be further liable to such Corporal punishment as the Court of Exchequer shall think fit Counterfeiting Cocquets Certificates c. The penalty And if any person whatsoever shall Counterfeit Rase or Falsifie any Cocquet Certificate or Return Transire Let-pass or any other Custom-house Warrant he shall forfeit
build Cottages and the most Woods for them to burn and destroy and when they have consumed it then to another Parish and at last become Rogues and Vagabonds to the great discouragement of Parishes to provide Stocks where it is liable to be devoured by strangers Be it therefore Enacted by the Authority aforesaid That it shall and may be lawful How to be setled coming to any Tenement under ten pounds yearly value upon complaint made by the Church-wardens or Overseers of the poor of any Parish to any Iustice of Peace within Forty dayes after any such person or persons coming so to settle as aforesaid in any Tenement under the yearly value of Ten pounds for any two Iustices of the Peace whereof one to be of the Quorum of the Division where any person or persons that are likely to be chargeable to the Parish shall come to inhabit by their Warrant to remove and convey such person or persons to such Parish where he or they were last legally setled either as a native Housholder Sojourner Apprentice or Servant for the space of forty dayes at the least unless he or they give sufficient security for the discharge of the said Parish to be allowed by the said Iustices Persons grieved may appeal to the Quarter Sessions Provided alwayes That all such persons who think themselves agrieved by any such Iudgement of the said two Iustices may appeal to the Iustices of the Peace of the said County at their next quarter-Quarter-Sessions who are hereby required to do them justice according to the merits of their Cause Persons going to work in harvest Provided also That this Act notwithstanding it shall and may be lawfull for any person or persons to go into any County Parish or place to work in time of Harvest or at any time to work at any other work so that he or they carry with him or them a Certificate from the Minister of the parish and one of the Churchwardens and one of the Overséers for the poor for the said year that he or they have a dwelling house or place in which he or they inhabit and hath left wife and children or some of them there or otherwise as the condition of the person shall require and is declared an Inhabitant or Inhabitants there And in such case if the person or persons shall not return to the place aforesaid when his or their work is finished or shall fall sick or impotent whilst he or they are in the said work it shall not be accounted a Settlement in the cases abovesaid but that it shall and may be lawful for two Iustices of the Peace to convey the said person or persons to the place of his or their habitation as aforesaid under the pains and penalties in this Act prescribed And if such person or persons shall refuse to go or shall not remain in such parish where they ought to be setled as aforesaid but shall return of his own accord to the parish from whence he was removed it shall and may be lawful for any Iustice of the Peace of the City County or Town-Corporate where the said Offence shall be committed to send such person or persons offending to the House of Correction there to be punished as a Vagabond or to a publick Work-house in this present Act hereafter mentioned there to be imployed in work or labour And if the Church-wardens and Overséers of the Poor of the Parish to which he or they shall be removed refuse to receive such person or persons and to provide work for them as other Inhabitants of the Parish any Iustice of Peace of that Division may and shall thereupon bind any such Officer or Officers in whom there shall be default to the Assizes or Sessions there to be Indicted for his or their Contempt in that behalf And for the further redress of the mischiefs intended to be hereby remedied Corporations or work houses in the Cities of London and Westminster Middlesex Surrey Be it Enacted by the Authority aforesaid That from thenceforth there be and shall be one or more Corporation or Corporations Work-house or Work-houses within the Cities of London and Westminster and within the Burroughs Towns and places of the County of Middlesex and Surrey scituate lying and being within the Parishes mentioned in the Wéekly Bills of Mortality consisting of a President a Deputy to the President and a Treasurer And that the Lord Mayor of the City of London for the time being be President of the Corporation or Corporations Work-house or Work-houses within the said City and the Assistants to be the Aldermen of the said City of London for the time being and fifty two other Citizens to be chosen by the Common-Council of the said City And that the said President and Assistants or the major part of them shall and may elect a Deputy-President and Treasurer and all other necessary Officers hereby constituted and authorized to execute the powers and Offices by this Act appointed And that upon the vacancy by death or otherwise of any Assistant the power to elect in their rooms be in the said Common-Council and the Election of the Deputy-President or Treasurer and all other Officers in the said President and major part of the Assistants as aforesaid And that a President a Deputy-President a Treasurer and Assistants be nominated and appointed by the Lord Chancellor or Lord Kéeper of the Great Seal of England for the time being out of the most fit persons inhabiting in the City of Westminster or the Liberties thereof for the Corporation or Corporations Work-house or Work-houses within the same And for the said places within the Wéekly Bills of Mortality in the said Counties of Middlesex and Surrey respectively President Deputy-president Treasurer and Assistants for Middlesex Surrey how to be elected there shall be elected and chosen by the major part of the Iustices of the Peace for the said Counties in their respective quarter-Quarter-Sessions assembled out of the most able and honest Inhabitants and Fréeholders of every of the said Counties of Middlesex and Surrey respectively a President a Deputy-President a Treasurer and Assistants for the Corporation or Corporations Work-house or Work-houses of the places aforesaid in Middlesex and Surrey And that upon the vacancy by death or otherwise of any of the Presidents Deputy-Presidents Treasurers or Assistants in the City of Westminster and places aforesaid in Middlesex and Surrey City of Westminster the power to elect others in their rooms be in the major part of the respective Iustices of Peace who in their General quarter-Quarter-Sessions from time to time shall accordingly supply such vacant places And that at every Quarter-Sessions they shall require and take an account in writing of all the Receipts Charges and Disbursements of the Officers and Treasurer of such Corporation or Corporations Work-house or Work-houses how many Poor people have béen imployed and set to work in the year last past and what stock there was
and is remaining which President Deputy-President and Treasurer for the time being respectively shall for ever hereafter in name and fact be Bodies Politick and Corporate in Law to all intents and purposes and shall have a perpetual Succession and may Sue or Plead or be Sued and Impleaded by the name of the President and Governours for the Poor of the respective places aforementioned in all Courts and places of Iudicature within this Kingdom and the Dominion of Wales and the Town of Berwick upon Tweed and by that Name every of the said Corporations shall and may without License in Mortmain purchase or receive any Lands Tenements or Hereditaments not excéeding the yearly value of Thrée thousand pounds per annum of the Gift Alienation or Devise of any person or persons who are hereby without further License enabled to give the same and any Goods Chattels or sums of Money whatsoever to the use intent and purposes hereafter limited and appointed And the each respective Corporation or any Seven of them shall have hereby Power and Authority from time to time to méet and kéep Courts for the ends and purposes in this Act expressed at such time and place as shall be appointed by the said President his Deputy or the Treasurer who are hereby required upon the desire of any Four of the said Corporation at any time to cause a Court to be warned accordingly And shall have hereby Authority from time to time to make and appoint a Common-Seal for the use of the said Corporation And it is further Enacted by the Authority aforesaid The powers of the said President and Governours of the said Corporations That it shall and may be lawful to and for the said President and Governours of the said Corporations for the time being or any two of them or to or for any person authorized and appointed by them or any two of them from time to time to apprehend or cause to be apprehended any Rogues Vagrants Sturdy Beggars or Idle or disorderly persons within the said Cities and Liberties Places Divisions and Precincts and to cause them to be kept and set to work in the several and respective Corporations or Work-houses and it shall and may be lawful for the major part of the Iustices of Peace in their quarter-Quarter-Sessions to signify unto his Majesties Privy Council the names of such Rogues Vagabonds Idle and Disorderly persons and Sturdy Beggars as they shall think fit to be Transported to the English Plantations and upon the approbation of his Majesties Privy Council to the said Iustices of Peace signified which persons shall be Transported it shall and may be lawful for any two or more of the Iustices of the Peace them to Transport or cause to be Transported from time to time during the space of thrée years next ensuing the end of this present Session of Parliament to any of the English Plantations beyond the Seas there to be disposed in the usual way of Servants for a term not excéeding Seven years A stock for supply of the work how to be provided in London Westminster Middlesex Surrey And be it further Enacted by the Authority aforesaid That if the President and Governours of any of the said Corporations shall certify under their common Seal their want and defect either of a present stock for the Foundation of the Work or for supply thereof for the future and what sum or sums of Money they shall think fit for the same to the Common-Council of the said City of London and the Burgesses and Iustices of Peace in their quarter-Quarter-Sessions of the said City of Westminster and the Liberties thereof or the Iustices of the respective Counties of Middlesex and Surrey assembled in either quarter-Quarter-Sessions That thereupon the Common-Council of the said City of London the Burgesses of the said City of Westminster and the Iustices of Peace of the said Cities and Counties in their quarter-Quarter-Sessions assembled are hereby required from time to time to set down and ascertain such competent sum and sums of money for the purposes aforesaid not excéeding one years rate from time to time usually set upon any person for or towards the relief of the Poor and the same to proportion out upon the several Wards Precincts Counties Divisions Hundreds and Parishes as they shall think fit And thereupon the Aldermen Deputies and Common-Council-men of every Ward in the City of London and Burgesses and Iustices of the Peace of the City of Westminster and the Liberties thereof and Iustices of the Peace of the said Counties of Middlesex and Surrey shall have power and Authority and are hereby required equally and indifferently according to the proportions appointed as aforesaid for the several Wards Precincts Cities and Parishes as aforesaid to tax and rate the several Inhabitants within the said respective Wards Precincts and Parishes as well within Liberties as without with which Tax if any person or persons find him or themselves agrieved supposing the same to be unequal he or they shall and may make their complaint known to the Iustices of the Peace at the next open Sessions who shall take such final order therein as in like cases is already by the Law provided And it is further Enacted by the Authority aforesaid That it shall and may be lawful to and for any Alderman of the City of London or his Deputy or the Burgesses and Iustices of Peace of the City of Westminster and the Liberties thereof or any two or more of them or any two Iustices of Peace of the respective Counties of Middlesex and Surrey by their Warrant under their Hands and Seals to authorize the Church-wardens or Overséers for the Poor within the places and Parishes aforesaid to demand gather and receive of every person and persons such sum and sums of money as shall be Assessed upon them by vertue of the Taxations and Contributions aforesaid And for default of payment within ten dayes after demand thereof made or notice in writing left at the dwelling-house or lodging of every person so Assessed to levy the same by distress and sale of the goods of every such person and after satisfaction made to restore the surplusage to the party so distrained Stocks formerly in London for relief of the poor how to be paid And be it Enacted by the Authority aforesaid That all Stocks raised for the relief and imployment of the Poor in the City of London and Liberties thereof which was in the hands of a Corporation heretofore appointed in the said City for that service or in the hands of any other person or persons whatsoever before the Nine and twentieth day of September which was in the year of our Lord One thousand six hundred and sixty commonly called the Feast of St. Michael the Archangel or at any time since together with all the Arrears of money formerly alloted for that Service or Legacies given to the same end shall be payable to the Treasurer of the Corporation or Corporations
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
are hereby impowered to hear and examine the said Offence and to commit the said Offender and Offenders to the Common Gaol of the County where he or they shall be apprehended And no Master Printer or Master Founder of Letters for Printing shall from henceforth imploy either to work at the Case or Press or otherwise about his Printing any other person or persons then such only as are English-men and Fréemen or the Sons of Fréemen or Apprentices to the said Trades or Mysteries of Printing or Founding of Letters for Printing respectively And for the better discovering of Printing in Corners without License Be it further Enacted by the Authority aforesaid That one or more of the Messengers of his Majesties Chamber Who may search houses and Shops for suspected Books and Papers by Warrant under his Majesties Sign Manual or under the Hand of one or more of his Majesties Principal Secretaries of State or the Master and Wardens of the said Company of Stationers or any one of them shall have power and authority with a Constable to take unto them such assistance as they shall think néedful and at what time they shall think fit to search all Houses and Shops where they shall know or upon some probable reason suspect any Books or Papers to be printed bound or stitched especially Printing-Houses Book-sellers Shops and Ware-houses and Book-binders Houses and Shops and to view there what is imprinting binding or stitching and to examine whether the same be Licensed and to demand a sight of the said License and if the said Book so imprinting binding or stitching shall not be Licensed then to Seize upon so much thereof as shall be found imprinted together with the several Offenders and to bring them before one or more Iustices of the Peace who are hereby authorized and required to commit such Offenders to prison there to remain until they shall be tried and acquitted or convicted and punished for the said Offences And in case the said Searchers shall upon their said Search find any Book or Books or part of Books unlicensed which they shall suspect to contain matters therein contrary to the Doctrine or Discipline of the Church of England or against the State and Government Then upon such suspition to seise upon such Book or Books or part of Book or Books and to bring the same unto the said Lord Archbishop of Canterbury and Lord Bishop of London for the time being or one of them or to the Secretaries of State or one of them respectively who shall take such further course for the suppressing thereof as to them or any of them shall séem fit And be it Ordained and Enacted by the Authority aforesaid That all and every Printer and Printers of Books Founder and Founders of Letters for Printing and all and every other person and persons working in or for the said Trades Offenders against this Act how to be punished who from and after the Tenth day of June in in the year One thousand six hundred sixty and two shall offend against this present Act or any Article Clause or Thing herein contained and shall be thereof Convicted by Verdict Confession or otherwise shall for the first offence be dis-enabled from exercising his respective Trade for the space of thrée years and for the second offence shall for ever thence-after be disabled to use or exercise the Art or Mystery of Printing or of Founding Letters for Printing shall also have and receive such further punishment by Fine Imprisonment or other Corporal Punishment not extending to Life or Limb as by the Iustices of the Court of Kings Bench or Iustices of Oyer and Terminer or Iustices of Assize in their several Circuits or Iustices of the Peace in their several Quarter Sessions shall be thought fit to be inflicted The which said Iustices of the Peace in their several Quarter Sessions shall have full power and authority to hear and determine all and every offence and offences that shall be committed against this Act or against any branch thereof upon Indictment or Information by any person or persons to be taken before them in their Sessions of Peace respectively and shall yearly certifie into the Court of Exchequer as in other like Cases they are bound to do the Fines by them imposed for any the offences aforesaid and shall and may also by vertue hereof award process and execution for the taking or punishing such Offenders as in any other Case they lawfully may do by any the Laws and Statutes of this Realm Printed Copies to be sent to his Majesties Library and the two Vniversities And be it further Enacted by the Authority aforesaid That every Printer shall reserve thrée printed Copies of the best and largest Paper of every Book new printed or reprinted by him with Additions and shall before any publick Vending of the said Book bring them to the Master of the Company of Stationers and deliver them to him one whereof shall be delivered to the Kéeper of His Majesties Library and the other two to be sent to the Vice-Chancellors of the two Vniversities respectively for the use of the publick Libraries of the said Vniversities Proviso for the priviledges of the two Vniversities Provided always That nothing in this Act contained shall be construed to extend to the prejudice or infringing of any the just Rights and Priviledges of either of the two Vniversities of this Realm touching and concerning the Licensing or Printing of Books in either of the said Vniversities Peers Houses Provided always That no Search shall be at any time made in the House or Houses of any the Péers of this Realm or of any other person or persons not being frée of or using any of the Trades in this Act before mentioned but by special Warrant from the Kings Majesty under His Sign Manual or under the Hand of one or both of His Majesties Principal Secretaries of State or for any other Books then such as are in printing or shal be printed after the Tenth of June 1662. And thing in this Act to the contrary thereof in any wise notwithstanding Proviso for Book-sellers and Stationers London Provided also That neither this Act nor any thing therein contained shall extend to prohibit any Book-seller who hath served seven years and is frée of the Company of Stationers London from importing or bringing into this Realm any Books ready bound not formerly prohibited which have been printed ten years before the said Importation Any thing in this or any other Act to the contrary notwithstanding Persons selling books in Westminster-Hall Provided also and be it further Enacted by the Authority aforesaid That neither this Act nor any thing therein contained shall be construed to prohibit any person or persons to Sell Books or Papers who have sold Books or Papers within Westminster-Hall the Palace of Westminster or in any Shop or Shops within Twenty yards of the great Gate of Westminster-Hall aforesaid before
the Twentieth day of November One thousand six hundred sixty and one but they and every of them may sell Books and Papers as they have or did before the said Twentieth day of November One thousand six hundred sixty one within the said Hall Palace and Twenty yards aforesaid but not elsewhere Any thing in this Act to the contrary in any wise notwithstanding Proviso for the rights and Priviledges of printing granted to any persons by the King Provided also That neither this Act nor any thing therein contained shall extend to prejudice the just Rights or Priviledges granted by His Majesty or any of His Royal Predecessors to any any person or persons under His Majesties Great Seal or otherwise but that such person or persons may exercise and use such Rights and Priviledges as aforesaid according to their respective Grants Any thing in this Act to the contrary notwithstanding Proviso for John Streater Stationer Provided also That neither this Act nor any thing therein contained shall extend to prohibit John Streater Stationer from printing Books and Papers but that he may still follow the Art and Mystery of Printing as if this Act had never béen made Any thing therein to the contrary notwithstanding Provided also That neither this Act nor any thing therein contained shall extend to restrain the kéeping and using of a Printing-Press in the City of York Proviso for the City of York so as all Books of Divinity there printed be first Licensed by the Archbishop of York for the time being or such person or persons whom he shall appoint and all other Books whatsoever there Printed be first Licensed by such persons respectively to whom the Licensing thereof doth or shall appertain by the Rules herein before mentioned and so as no Bibles be there printed nor any other Book whereof the Original Copy is or shall be belonging to the Company of Stationers in London or any Member thereof and so as the Archbishop or Lord Mayor of York for the time being do execute within the said City which they are hereby impowred to do all the Powers and Rules in this Act concerning Searchers for unlicensed Books and impose and levy the said penalties in the like cases Any thing in this Act to the contrary notwithstanding Provided That this Act shall continue and be in force for two years The continuance of this Act. to commence from the Tenth of June One thousand six hundred sixty and two and no longer Continued 16 Car. 2. cap. 8. Anno XV. Caroli II. Regis CAP. I. For Repairing the High-ways within the Counties of Hertford Cambridge and Huntington WHereas the ancient High-way and Post-Road leading from London to York The High-way from London to York and Scotland Hertford Cambridge Huntington and so into Scotland and likewise from London into Lincolnshire lieth for many miles in the Counties of Hertford Cambridge and Huntington in many of which places the Road by reason of the great and many Loads which are wéekly drawn in Waggons through the said places as well by reason of the great Trade of Barley and Mault that cometh to Ware and so is conveyed by water to the City of London as other Carriages both from the North parts as also from the City of Norwich Saint Edmunds-Bury and the Town of Cambridge to London is very ruinous and become almost impassible insomuch that it is become very dangerous to all His Majesties Liege people that pass that way And for that the ordinary course appointed by the Laws and Statutes of this Realm is not sufficient for the effectual repairing and amending of the same neither are the Inhabitants through which the said Road doth lie of ability to Repair the same without some other provision of moneys to be raised towards the putting the same into good and sufficient Repair For remedy whereof and to the intent the said High-ways at or in the Counties aforesaid may be forthwith effectually repaired and amended and from time to time hereafter kept in good repair May it please your Majesty that it may be Enacted And be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same That for the Surveying Ordering Repairing and kéeping in Repair of the said High-way in the Counties aforesaid Four Iustices of the Peace for each of the said several and respective Counties dwelling next to the said High-ways respectively or any two of them for the year One thousand six hundred sixty thrée and until the quarter-Quarter-Sessions then next ensuing and from thenceforth the Iustices of Peace at the Sessions to be holden next after Easter every year for the said respective Counties from time to time shall and are hereby impowred to nominate and appoint Nine sufficient and able persons residing and inhabiting within the said several and respective Counties Who may appoint Surveyors of the High-ways for Hartfordshire yearly Cambridg-shire Huntington-shire to be Surveyors of the several places in the said High-way for the year from thence next ensuing The Iustices of the Peace for the County of Hertford to appoint Surveyors for the High-way lying in the said several Towns and Parishes of the said County and the Iustices of the Peace in the County of Cambridge to appoint Surveyors for the several Towns and Parishes within their said County of Cambridge And the Iustices of Peace for the County of Huntington to appoint Surveyors for the several Towns and Parishes of the said County And that the said Iustices or Surveyors aforesaid shall not act or do any thing towards the Repairs of the said High-ways but in their own several and respective Counties The power of the Iustices of the Peace in their several Counties And that the said Iustices in their several Counties shall cause notice to be given to the several Surveyors so chosen in writing of their said choice which said Surveyors and every of them having no lawful impediment to be allowed by the said Iustices by whom they shall be chosen in manner as aforesaid within one wéek next after such notice to them given of their Election shall and are hereby required to méet and assemble themselves together that is to say the Surveyors for the County of Hertford in some convenient place within the County of Hertford Hertford Cambridge Huntington And the Surveyors chosen for the County of Cambridge in some convenient place within their County and the Surveyors chosen for the County of Huntington in some convenient place within their said County to be appointed by the several Iustices of the said Counties at their several Quarter-Sessions to the intent to view and Survey the said High-way and places aforesaid The Power of the Surveyors in the said several Counties To appoint Receivers and Collectors of Toll and other needful Officers and shall consider what Reparations
and respective Parishes shall pass to and fro through the said respective places where such Toll is to be received as aforesaid without paying any thing for their respective passing through the same Any thing in this present Act to the contrary thereof in any wise notwithstanding Provided also And be it Enacted Proviso touching money received overplus and remaining at the end of 11. years That if it shall happen that at the end and expiration of the term of the Eleven years aforesaid that the Receiver or Receivers Collector or Collectors then in being or any of them of the aforesaid Tolls or any part thereof in all and every of the said Counties made and to be made shall upon their or any of their accounts made and to be made for the several and respective Receipts of the Tolls aforesaid have any sum or sums of money in their or any of their hands more then they or any of them have expended as aforesaid That then such Receiver and Receivers Collector and Collectors and every of them shall bring in all and every sum and sums of money so remaining in their or any of their hands unto the Iustices of the Peace of the said several and respective Counties where such Receiver or Receivers Collector or Collectors shall live or have received the said several sum or sums at the next General quarter-Quarter-Sessions for the Peace which shall happen to be after their said several Accounts so to be made as aforesaid upon pain of forfeiting double the Sum which shall be in their or any of their hands upon the said Account which said Sum and Penalties shall be recovered by distresse and sale of the parties Goods so refusing to do the same by Warrant under the Hands and Seals of any two Iustices of the Peace of the said several Counties And that the said Iustices of the Peace at their said several quarter-Quarter-Sessions in their several Counties are hereby impowred and enabled to dispose of the said several sum and sums of money and all the said Penalties into the hands of such person and persons and upon such Securities as they shall approve of to and for a Stock for the repairing of the said several High-ways according to the intent and meaning of this Act and not otherwise Provided also And be it further Enacted by the Authority aforesaid Huntington That if the Iustices of the Peace for the County of Huntington or any four of them dwelling next to the said High Road Stilton shall adjudge some other place more convenient then Stilton for receiving the Toll for the said County That then it shall and may be lawful for the said Iustices of Peace as aforesaid to appoint some other place upon the High Road within their said County to receive the aforesaid Toll instead of Stilton Any thing in this Act to the contrary notwithstanding And that it shall and may be lawful for all and every Souldier and Souldiers upon their March Souldiers in Marching and Posts exempted and all persons riding Post to passe through any the places in this Act mentioned without paying any Toll Provided also That if at any time before the expiration of the Eleven years aforesaid Proviso for cealing the Toll within the 11. years the said High-ways shall be well and sufficiently amended and repaired and so adjudged by the Iustices of the Peace at the quarter-Quarter-Sessions for their several and respective Counties aforesaid That then from and after such Adjudication made and Re-payment of such moneys as shall have béen borrowed the aforesaid Toll in the said County shall cease and determine Any thing aforesaid to the contrary notwithstanding Continued 16 17 Car. 2. cap. 10. CAP. II. Unlawful Cutting or Stealing or Spoiling of Wood and Under-woods and Destroyers of young Timber-Trees punished WHereas in one Act of Parliament made in the Thrée and fortieth year of the Reign of the late Quéen Elizabeth Entituled 43 El. cap. 7. An Act to avoid and prevent divers misdemeanors in idle and lewd persons among other things it is Enacted The punishment for cutting and spoyling any Woods That all and every such lewd person and persons that shall cut or spoil any Woods or Vnder-woods Poles or Trées standing and their Procurer or Procurers Receiver or Receivers knowing the same and being thereof lawfully Convicted by his or their own confession or by the testimony of one sufficient Witness upon Oath before some one Iustice of Peace or other Head-Officer of the County or place where such offence was committed shall give the party or parties satisfaction for his or their Damages for the first fault And if such Offender or Offenders shall by such Iustice of Peace or Head-Officer be thought not able or sufficient or if such Offender or Offenders do not make such satisfaction as aforesaid That then the said Iustice of Peace or Head-Officer shall commit the said Offender or Offenders to the Constable or other inferior Officer to receive the punishment of Whipping as in the said Act more fully doth appear And whereas it is found by daily experience especially in and about London and other great Towns where a great number of such idle and lewd persons do shelter themselves that this Act hath not sufficiently prevented the said mischief of cutting and spoiling of Woods and Vnderwoods as was intended as well because the said offences are committed in such a close and clandestine manner that there is none Witnesses to them but such as are partakers to the offence as also because the said punishment is too small for so great a fault which is not only prejudicial and hurtful to the Owners of the said Woods but very mischievous and damageable to the Commonwealth Be it therefore Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same That from and after the Four and twentieth day of June next ensuing Who may apprehend Wood-stealers every Constable Headborough or any other person in every County City Town-Corporate or other place where they shall be Officers or Inhabitants shall and may by vertue of this present Act have full Power and Authority to apprehend or cause to be apprehended all and every person or persons they shall suspect having or carrying or any wayes conveying any burthen or bundles of any kind of Wood Vnder-wood Poles or young Trées or Bark or Bast of any Trées or any Gates Stiles Posts Pales Rails or Hedgewood Broom or Furze Search in Houses of suspected persons and by Warrant under the Hand and Seal of any one Iustice of the Peace directed to any Officer such Officer shall have power to enter into and search the Houses Out-houses Yards Gardens or other places belonging to the Houses of all and every person or persons they shall suspect to have any kind of Wood
Commissioner Farmer No Commissioner or other may act until he have taken the Oath in the Act of 12 Car. 2. cap. 23. Sub-Commissioner or other person imployed or to be imployed in the Farming Collecting or taking Accompts for the Duty of Excise do after the First day of September next take upon him or them any such Office or procéed in execution of any such Imployment until he or they have first taken the Oaths appointed to be taken by the Act of Parliament Entituled A Grant of certain Impositions on Beer Ale and other Liquors for the increase of His Majesties Revenue during His life before the respective persons appointed in the said Act of Parliament and have Entred his Certificate for taking the said Oaths with the Auditor for Excise under the penalty of Fifty pounds for every Moneth he or they shall so neglect to take the same CAP. XII An Explanatory Act for Recovery of the Arrears of Excise BE it Declared and 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 where any Commissioner Sub-Commissioner Treasurer In what cases Sureties for Excise shall be answerable for the arrears 12 Car. 2. cap. 11. and all other Officers which were heretofore imployed in the Receipt of the Excise Farmer or Collector of Excise which are and standeth charged with or accomptable for any Duties of Excise by him or them received farmed or detained or any ways due from the persons before named or any of them and not pardoned by the late Act Entituled An Act of Free and General Pardon Indempnity and Oblivion That there and in such case all and every the Sureties of such person and persons charged or chargeable as aforesaid shall be deemed and taken to be liable and answerable according to the nature of their respective Securities Any doubt or question made touching the Construction of the said late Act of Frée and General Pardon to the contrary notwithstanding And be it further Declared and Enacted by the Authority aforesaid That where the Commissioners of Excise for the time being or the major part of them have Issued out any Summons or Warning which hath béen left at the house or usual place of residence or with the Wife Child or menial Servant of any the aforesaid person or persons Chargeable or Accomptable as aforesaid The same shall be déemed and adjudged a good and sufficient Summons and as legal and effectuall a notice as if the same had béen actually delivered to the proper hands of such person or persons to whom the same was directed Any doubt or question thereof made to the contrary notwithstanding CAP. XIII An Additional Act for the better Ordering and Collecting the Revenue arising by Hearth-Money VVHereas the Revenue Setled on His Majesty His Heirs and Successors by a late Act 14 Car. 2. cap. 10. Entituled An Act for Establishing an Additional Revenue upon His Majesty His Heirs and Successors for the better support of His and their Crown and Dignity hath béen much obstructed for want of true and just Accompts under the hands of the respective Occupiers of Houses Edifices Lodgings and Chambers as by the said Act is required and by the negligence of Constables and other Officers intrusted with the Taking and Reforming such Accompts 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 Iustices of the Peace of the respective Counties How the Iustices of the Peace shall cause accompts to be taken of the number of Hearths Corporations Places and Limits within their respective Iurisdictions at the next Sessions to be held after the Feast of Saint Michael the Archangel next ensuing or the major part of them then present shall issue out Warrants under their Hands and Seals to the respective High Constables or other like next Officer who shall issue the like Warrants unto the Petty Constables Head-boroughs and Tythingmen requiring them on the next Sunday after Morning-Service ended to give publick notice in the Church or Chappel generally to all the Inhabitants and also to give notice publickly in the Church and particularly as aforesaid to every Inhabitant within their respective Precincts that shall then be Occupier of any House Edifice Lodging or Chamber That within Ten days next after such notice he give a true and just account in writing under his hand of all Hearths and Stoves in such respective House Edifice Lodging and Chamber unto such respective Constable Head-borough and Tythingman who upon receipt of such Accompt shall with Two other substantial Inhabitants of the said respective Precinct whom they are hereby Authorized to Charge for that purpose in the day-time enter into the respective House Edifice Lodging and Chamber and upon his own view compare such Accompt and sée whether the same be truly made or not and endorse the same Accompt accordingly to what he finds upon his view which Accompt so received and endorsed shall be by him transmitted within twenty dayes after such Receipt to the respective High-Constable or other like Officer as aforesaid together with a Book or Roll fairly written wherein shall be Two Columes The one containing the Names of the persons and number of Hearths and Stoves in their respective Possessions that are chargeable by the said Act and the other the Names of the persons and number of Hearths and Stoves in their respective possessions which are not chargeable by the said Act Which being so received by such respective High Constable or other like Officer as aforesaid and compared together shall within six dayes after such Receipt be transmitted to the two next respective Iustices of the Peace who are hereby impowred to examine the said respective High-Constable or other like Officer as aforesaid Petty Constable Headborough or Tythingman upon Oath concerning the truth and faithfulness of their actings in the premisses which being done the said Iustices shall within ten days after such examination Sign and Transmit the said Book and Roll together with the said Original Accounts so endorsed as aforesaid and filed together unto the respective Clerk of the Peace who shall within Twenty days after receipt thereof Engross the said Book or Roll in Parchment to be still kept in the respective County and Places aforesaid and shall also within Two Months Engross in Parchment a true Duplicate of the said Book or Roll which being Signed by him and by two Iustices of the Peace at least of the respective County and Places aforesaid shall be transmitted within one Month after such Engrossement into His Majesties Court of Exchequer Penalty for omitting any Hearth Provided always and be it Enacted by the Authority aforesaid That if any Occupier of any House Edifice
Annuntiation of the blessed Virgin Mary by even and equal portions an exact and just Account of the numbers of all which Fire-Hearths and Stoves is thereby Enacted to be taken and returned into his Majesties Court of Exchequer And the Moneys and Revenues due and payable for the same to be collected levied and paid to his Majesty by such persons and Officers in manner and form as by the said Acts is prescribed Nevertheless by reason of some defects in the said Act and great negligence of the said Officers and other persons in not returning the exact numbers of the said Fire-Hearths and Stoves and not duly Collecting Levying and paying into his Masties Exchequer the full Revenue due for the numbers returned at the times appointed and by sundry fraudulent practises to elude the said Acts the said Revenue is much diminished and not duly answered For remedy thereof and for the better ascertaining and collecting the said Revenue for the future Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled and by Authority of the same That it shall and may be lawful to and for the Kings Majesty his Heirs and Successors from and after the Four and twentieth day of June One thousand six hundred sixty four from time to time by and with the Advice of the Lord High Treasurer Chancellour Vnder-Treasurer and Barons of the Court of Exchequer for the time being or any thrée of them whereof the Lord High Treasurer or Chancellor of the Exchequer to be one to constitute and appoint such person or persons as his Majesty his Heirs and Successors shall think méet to be the Officer or Officers for the receiving and collecting and answering the duty arising by the said Fire-Hearths and Stoves by vertue of the said several Acts and for viewing and numbring of the several Chimney-hearths and Stoves mentioned in the said Acts and for the inspecting and examining the several Rolls Certificates and Returns thereof made and to be made from time to time into his Majesties Court of Exchequer in pursuance of the said Acts or any other thing belonging to the same which Officers or any of them shall have full power to examine and supervise the Rolls and Numbers of Fire-hearths and Stoves already returned into the said Court of Exchequer And being accompanied with the Constable or the Tithing-man Treasurer Vnder-Treasurer or other publick or proper Officer of the place who are hereby required to attend and assist upon this occasion and in all Parishes and places where there are no Constables Tithingmen or other publick Officer as aforesaid there without any such Assistance to enter in the day time into any dwelling or other House Edifice Lodgings and Chambers aforesaid And to search and examine whether there be any more Fire-hearths and Stoves in the same then were formerly returned or certified and what Fire-hearths or Stoves are increased or decreased since the former Certificate After which search and examination the said Officer with a Constable or Tythingman or Officers as aforesaid shall have liberty to make the like search and examination once every year And if they shall find any variance in the number returned both the Officer or Officers appointed by his Majesty and the Constable or Tythingman or other Officer as aforesaid to certifie the same under his and their hands to the Clerk of the Peace which Certificate they are hereby enjoyned to make And after approbation thereof by the Iustices of the Peace at their Sessions the same to be certified to his Majesties Remembrancer in the Exchequer and the Officer or Officers so appointed by his Majesty unto the same shall from and after the said Four and twentieth day of June One thousand six hundred sixty four have power to collect and levy the Revenue and Duties so given to his Majesty as aforesaid and all arrears of the same And be it further Enacted That the said Duty shall from time to time be paid after the Feast days of Saint Michael the Arch-Angel and the Annuntiation of the Virgin Mary yearly unto such Officer as shall be appointed by vertue of this present Act to receive the same upon demand thereof made by such Officer or his Deputy at the House Chamber or place where the same Duty shall arise or grow due And that in case of refusal or default of such payment thereof by the space of one hour after such demand the said Officer or his Deputy may at any time with the assistance of a Constable Tythingman or other Officer as aforesaid in the day time levy the said Duty and all the Arrearages thereof by distress and sale of the goods of the party or parties so refusing or making default restoring to the party or parties the over-plus of the value of such goods over and above the Duty and Arrearages thereof then behind and over and above the necessary charges of taking such Distress which Charges shall in no case excéed the one moyety of the Duty and Arrearages thereof so levied Provided always and be it Enacted That no Owners Proprietors or Occupiers of the said Fire-hearths or Stoves shall be charged distrained or molested for the said Duty or any Arrearages thereof at any time after the space of two years next after the Duty hereafter shall become due to his Majesty his Heirs or Successors Nor for any arrearages of the said Duty already incurred after the space of two years from the Four and twentieth day of June One thousand six hundred sixty and four And in case of violent opposition or injury done by any person or persons to any such Officer or his Deputy in the due execution of this Act and the same proved by Oath before any one Iustice of the Peace or Chief Magistrate or Magistrates of the City Town or place dwelling near unto the place who are hereby authorized to administer the said Oath It shall and may be lawful to and for such Iustice of the Peaee Magistrate or Magistrates to punish such offender or offenders if he shall find cause by Imprisonment in the common Goal for any time not excéeding the space of one moneth And from and after the said Four and twentieth day of June One thousand six hundred sixty four all Officers formerly appointed to collect the said Duty shall be discharged from the future collecting and levying the same otherwise then as they are directed by this Act And the said Officer and Officers so appointed by his Majesty to collect this Duty shall pay the same into his Majesties Exchequer to the ends in the said former Acts mentioned Provided That no person or persons shall be employed as aforesaid unless he and they shall first give in sufficient Security to his Majesty his Heirs and Successors for the due collecting levying and paying in of the said Revenue or such part thereof as shall be committed to their respective
upon Tweed At which Conventicle Méeting or Assembly there shall be five persons or more assembled together over and above those of the same Houshold Then it shall and may be lawful to and for any two Iustices of the Peace of the County The punishment and manner of proceeding against them for the first offence Limit Division or Liberty wherein the Offence aforesaid shall be committed or for the Chief Magistrate of the place where such Offence aforesaid shall be committed if it be within a Corporation where there are not two Iustices of the Peace And they are hereby required and enjoyned upon proof to them or him respectively made of such offence either by confession of the party or oath of Witness or notorious evidence of the Fact which Oath the said Iustices of the Peace and Chief Magistrate respectively are hereby impowred and required to administer to make a Record of every such offence and offences under their hands and seals respectively which Record so made as aforesaid shall to all intents and purposes be in Law taken and adjudged to be a full and perfect Conviction of every such Offender for such offence And thereupon the said Iustices and Chief Magistrate respectively shall commit every such Offender so convicted as aforesaid to the Gaol or house of Correction there to remain without Bail or Mainprise for any time not excéeding the space of thrée Moneths unless such Offender shall pay down to the said Iustices or Chief Magistrate such sum of money not excéeding five pounds as the said Iustices or Chief Magistrate who are hereby thereunto authorized and required shall Fine the said Offender at for his or her said offence which money shall be paid to the Church-wardens for the relief of the Poor of the Parish where such Offender did last inhabit And be it further Enacted by the authority aforesaid The second offence That if such Offender so convicted as aforesaid shall at any time again commit the like offence contrary to this Act and be thereof in manner aforesaid convicted Then such Offender so convict of such second offence shall incur the penalty of Imprisonment in the Gaol or house of Correction for any time not excéeding six months without Bail or Mainprise unless such offender shal pay down to the said Iustices or Chief Magistrate such sum of money not excéeding Ten pounds as the said Iustices or Chief Magistrate who are thereunto authorized and required as aforesaid shall Fine the said Offender at for his or her said second offence the said Fine to be disposed in manner aforesaid And be it further Enacted by the Authority aforesaid The third offence That if any such Offender so convict of a second offence contrary to this Act in manner aforesaid shall at any time again commit the like offence contrary to this Act Then any two Iustices of the Peace and Chief Magistrate as aforesaid respectively shall commit every such Offender to the Gaol or house of Correction there to remain without Bail or Mainprise until the next General Quarter Sessions Assizes Gaol-delivery great Sessions or sitting of any Commission of Oyer and Terminer in the respective County Limit Division or Liberty which shall first happen when and where every such Offender shall be procéeded against by Indictment for such offence and shal forthwith be arraigned upon such Indictment and shall then plead the General Issue of not guilty and give any special matter in Evidence or confess the Indictment And if such Offender procéeded against shall be lawfully convict of such Offence either by Confession or Verdict or if such Offender shal refuse to Plead the General Issue or to confess the Indictment then the respective Iustices of the Peace at their General quarter-Quarter-Sessions Iudges of Assize and Gaol-delivery at the Assizes and Gaol-delivery Iustices of the great Sessions at the great Sessions and Commissioners of Oyer and Terminer at their sitting are hereby enabled and required to cause Iudgement to be entred against such Offender That such Offender shall be Transported beyond the Seas to any of His Majesties Foreign Plantations Virginia and New-England onely excepted there to remaine Seven years And shall forthwith under their Hands and Seals make out Warrants to the Sheriff or Sheriffs of the same County where such Conviction or Refusal to Plead or to Confess as aforesaid shall be safely to convey such Offender to some Port or Haven néerest or most commodious to be appointed by them respectively And from thence to Embarque such Offender to be safely Transported to any of his Majesties Plantations beyond the Seas as shall be also by them respectively appointed Virginia and New-England onely excepted Whereupon the said Sheriff shall safely Convey and Embarque or cause to be Conveyed and Embarqued such Offender to be Transported as aforesaid under pain of forfeiting for default of so Transporting every such Offender the sum of forty pounds of lawful money the one Moyety thereof to the King the other Moyety to him or them that shall Sue for the same in any of the Kings Courts of Record by Bill Plaint Action of Debt or Information In any of which no Wager of Law Essoign or Protection shall be admitted And the said respective Court shall then also make out Warrants to the several Constables Headboroughs or Tythingmen of the respective places where the Estate real or personal of such offender so to be Transported shall happen to be commanding them thereby to Sequester into their hands the profits of the Lands and to distrain and sell the Goods of the offender so to be Transported for the reimbursing of the said Sheriff all such reasonable charges as he shall be at and shall be allowed him by the said respective Court for such Conveying and Embarquing of such offender so to be Transported rendring to the party or his or her Assigns the overplus of the same if any be unless such offender or some other on the behalf of such offender so to be Transported shall give the Sheriff such Security as he shall approve of for the paying all the said Charges unto him And be it further Enacted by the Authority aforesaid How Seditious Sectaries convicted may be transported That in default of defraying such Charges by the parties so to be Transported or some other in their behalf or in default of Security given to the Sheriff as aforesaid It shall and may be lawful for every such Sheriff to Contract with any Master of a Ship Merchant or other person for the Transporting of such offender at the best rate he can And that in every such case it shall and may be lawful for such persons so Contracting with any Sheriff for Transporting such offender as aforesaid to detain and employ every such offender so by them Transported as a Labourer to them or their Assigns for the space of Five years to all intents and purposes as if he or she were bound by Indentures to such person for
de vicineto de A. Quorum quilibet habeat viginti libras terrae tenementorum vel reddit per annum ad minus per quos c. qui nec c. And the residue of the said Writ shall be after the ancient manner And that those Writs which shall be awarded and directed for Returning of Iuries within the Dominion of Wales shall be made in the same manner altering onely the word Viginti into Octo. And that upon every such Writ and Writs of Venire facias Wales the Sheriff Coroner or other ministers of each respective County in England and Wales Penalty upon the Sheriff c. unto whom the making of the Pannel shall appertain shall not return in any such Pannel any person unless he shall then have Twenty pounds or Eight pounds respectively by the year at least as aforesaid in the same County where the Issue is to be tryed upon pain to forfeit for every person being returned in any such Pannel that shall not then have Twenty pounds or Eight pounds respectively as is aforesaid the sum of Five pounds to His Majesty His Heirs and Successors And for the better enabling the Sheriff of every County to know the value of the Estates of such persons as are by the true intent and meaning of this Act to be returned for Iury-men Be it further Enacted How the Sheriff shall find out persons fit to be returned for Iury-men That every Sheriff shall on the first day of every General Quarter-Sessions yearly held next after the Feast of Easter deliver or cause to be delivered unto the Iustices of Peace sitting at the same Sessions the names of all persons of such Estates as are by the true meaning of this Act to be returned for Iury-men to the end the Estates of such persons may be enquired after and such persons approved of by the said Iustices of Peace or the greater number of them then present to be persons of such Estates to be returnable for Iury-men for the year then next ensuing And the said Iustices shall have power to add such persons having Estates of the respective values before mentioned as they shall find to be omitted by the Sheriff amongst the names by him delivered and such competent number and no more of such persons as aforesaid shall be returnable to serve of Iuries for the year next ensuing as the said Iustices or the greater number of them as aforesaid shall think fit And that no Sheriff shall incur the penalty aforesaid for returning any of the persons so approved or added by the Iustices in case his Estate fall out to be of less value then aforesaid And it is further Enacted That no Sheriff or Bailiff of any Liberty or Franchise What time summons ought to be before appearance or any of their or either of their Ministers shall return any such person or persons as aforesaid to have been summoned by them or any of them unless such person or persons shall have been duly summoned by the space of six days at the least before the day on which they ought to make their appearance And have left with or for such persons in writing the names of all the parties in those Causes wherein they are to serve as Iurors Nothing may be taken to excuse appearance The Penalty nor shall directly or indirectly take any money or other reward to excuse the appearance of any Iuror by them or any of them to be summoned or returned upon pain to forfeit for every such offence the sum of Ten pounds Saving to all Cities and Towns Corporate their ancient Vsage of returning Iurors of such Estate and in such manner as heretofore hath béen used and accustomed And be it further Enacted by the Authority aforesaid That from henceforth upon Writs of Venire facias issued out and returned within the County-Palatine of Lancaster County-Palatine of Lancaster as of the same Assizes wherein the Issues are said to be joyned Writs of Habeas Corpora or Distringas shall be sued out like as is used in all other Counties within this Kingdom returnable at the then next Assizes And the Sheriff thereupon to return such Issues as is or ought to be done by the said Sheriffs of the said other Counties and those Issues to be duly estreated as above is provided And the better to cause and bring Iurors to appear upon Trials at Assizes within the said County-Palatine of Lancaster Be it further Enacted by the Authority aforesaid That the Sheriff of the same County-Palatine of Lancaster for the time being shall from henceforth cause twelve good and lawful men so qualified as before in this Act is appointed out of every of the six Hundreds within the said County-Palatine to be duly summoned or warned ten days at the least before the beginning of every Assizes to be and appear the first day of the then next Assizes and there to attend during the same Assizes to perform their duty and service to the Court as Iurors or Iurymen in such Causes betwéen party and party wherein they shall be respectively returned and impannelled upon pain that every of them that shall make default to appear and attend at and during the said Assizes to forfeit Ten pounds to the use and behoof of the Poor of the Town where such person or persons so making default doth inhabit and live the same to be levied recovered and had in such manner and ways as other Issues of Iurors use to be levied Provided That this Act shall continue and stand in force for the space of Thrée years The continuance of this Act. and from thence to the end of the next Session of Parliament and no longer CAP. IV. An Additional Act for the better Ordering and Collecting the Duty of EXCISE FOr the better Ordering and Collecting the Duty of Excise Be it Enacted and Declared by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by the Authority of the same That from and after the eighth day of November Powers given to Farmers of Excise which shall be in the year of our Lord One thousand six hundred sixty and five all Farmers of Excise or any of them within the several Circuits and Divisions of their respective Farms shall and are enabled hereby to exercise and put in Execution all such Powers and Authorities which the Commissioners or Sub-Commissioners of Excise are enabled to do and execute by the several Acts and Statutes of Excise for the levying raising receiving and managing of the said Revenue of Excise 12 Car. 2. cap. 24. 15 Car. 2. cap. 11. cap. 12 Except the Iudicial part of hearing and determining all breaches and offences against the Laws of Excise and of imposing mitigating or compounding of Fines or Penalties CAP. V. Delays in extending Statutes Judgments and Recognizances prevented Security by Statute
the ancient High-way and Post-road leading from London to York London York Lincolnshire and from London into Lincolnshire there should be a Toll paid at a certain place in every of the said several and respective Counties and for Hertfordshire at Wades-Mill in the said County which said Toll so set is by the said Act to continue the space of eleven years and no longer with this provision That if the Iustices of the Peace at their Quarter Sessions in the respective Counties shall before the expiration of eleven years adjudg the said Repairs to be sufficiently done that from thenceforth it should cease And whereas divers Gentlemen within the County of Hertford have heartily set themselves to take care for the repairing of the said ways within their County And in order thereunto finding that money could not be advanced by the Toll in so speedy a manner as to repair those ruinous ways And that none would lend their money on that Security did upon their own credits borrow thirtéen hundred pounds on Interest to effect the work intended by the said Act which sum accordingly is laid out together with such money as hath procéeded from the Toll before mentioned in the repair of the said High-way by which means they have so amended the said Road lying in that County leading from London to York that they have made the same from a Road impassable to be to the satisfaction of all that travel that way very passable and convenient but by reason of the great sum expended and laid out so borrowed as aforesaid the Toll will not be sufficient to repay the same within the years mentioned in the former Act with Interest for the same and to finish the said work Hertford Cambridg Norfolk New-Market Puckeridge Barley And whereas there is a Road in the said County of Hertford that leads from London to Cambridg and so into Norfolk and likewise to New-Market and so into Suffolk and other parts which goes out of the forementioned Road at the end of the Town of Puckeridge and so leadeth to Barly in the said County of Hertford which is very ruinous and requires as much the help of the Toll in many places as the forementioned Road did May it therefore please Your Majesty that it 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 and by Authority of the same That the Toll aforementioned to be taken at VVades-Mill for the County of Hertford II. The full taken at Wades-Mill continued that by the former Act was to continue for eleven years and no longer shall continue for the said County of Hertford for the space of One and twenty years and no longer the said Term to commence from the time mentioned in the Act before mentioned and the money arising therefrom to be imployed for the payment of the Debt aforesaid with Interest and also for further Repair of the High-way It is further Enacted and Declared by the Authority aforesaid That the persons impowred in the forementioned Act for the repair of the High-ways within the County of Hertford shall have the same power to repair the said High-ways leading from Puckeridge to Barley in the said County For repairing the high-way from Puckeridg to Barley as they have to repair the High-way in the said County leading from London to York And that they shall and may apply such part of the Toll thereunto having an equal care of both High-ways as they in their Iudgments shall find néedful Any thing in the said former Act to the contrary notwithstanding Caxton And whereas by the former recited Act a Toll was erected and set to be taken at the Town of Caxton in the County of Cambridge for and towards the repairing the High-ways in the said County the said Toll doth prove useless and will not answer the end for which the same was intended by reason of the Inconveniency of the place where the same was set Arrington-bridg Be it therefore Enacted by the Authority aforesaid That the said Toll be and is hereby removed from the said Town of Caxton unto Arrington-Bridg or the Town of Arrington as shall séem most convenient by the Iustices of the Peace of the said County at their next Easter general-quarter-General-Quarter-Sessions of the Peace in the County aforesaid And that the same Toll shall be taken and received at Arrington-Bridg or Arrington-Town aforesaid according to the Rates and by the same ways and means as in the former Act was appointed and declared and to be imployed to the uses purposes and intents therein also declared any thing to the contrary in any wise notwithstanding A charge of six pence in the pound for repairing the said high-ways Provided always That all and every person and persons who by Law are chargeable towards the repairing of the said High-ways and Places aforesaid shall still remain so chargeable and pay six pence in the pound yearly according to the true value of their Estate for and towards the repair of the said High-ways during the time of the continuance of this Toll any thing in this Act to the contrary thereof in any wise notwithstanding III. The collector of the toll how to account weekly And be it further Enacted by the Authority aforesaid That the Collector of this Toll shall wéekly account to the Receiver-General for the whole money received by vertue of this or the said former Act And the next Iustice of the Peace for the said County shall hereby have power to give an Oath to the said Collectors for the making of a true and perfect account of the money so received which said account so made shall be returned into the next general-quarter-General-Quarter-Sessions to be held for the said County by the Iustice of Peace before whom such Oath was taken Proviso touching the continuance or determining the said toll Provided also That if at any time before the expiration of the said term of One and twenty years the said High-ways shall be well and sufficiently amended and repaired and so adjudged at the publick Quarter Sessions for the County of Hertford and that such Sum or Sums of money as is already borrowed and laid out or shall be borrowed and laid out for the use aforesaid be repaid with interest for the same That from and after such Adjudication made and repayment of such money so borrowed and laid out as aforesaid the aforesaid Toll in the said County shall cease and determine Proviso for adjudication of the amendment of the said high-ways And be it further Enacted by the Authority aforesaid That in case the Highways within the said County of Hertford shall be sufficiently amended and that the Iustices of the Peace at their quarter-Quarter-Sessions shall fail to make an Adjudication thereof That then in such default of the said Iustices of the Peace
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
for the Establishing the Form of Making â—4 Car. 2. 〈◊〉 4 Ordaining and Consecrating of Bishops Priests and Deacons in the Church of England according to the said Act or any other subsequent Act. And whereas they or some of them and divers other person and persons not Ordained according to the Form of the Church of England and as have since the Act of Oblivion taken upon them to Preach in unlawful Assemblies Conventicles or Méetings under colour or pretence of Exercise of Religion contrary to the Laws and Statutes of this Kingdom have setled themselves in divers Corporations in England sometimes Thrée or more of them in a place thereby taking an opportunity to distill the poysonous Principles of Schism and Rebellion into the hearts of His Majesties Subjects to the great danger of the Church and Kingdom Be it therefore Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled Persons restrained from Inhabiting in Corporations and by the Authority of the same That the said Parsons Vicars Curates Lecturers and other persons in holy Orders or pretended holy Orders or pretending to holy Orders and all Stipendaries and other persons who have béen possessed of any Ecclesiastical or Spiritual Promotion and every of them who have not declared their unfeigned assent and consent as aforesaid and subscribed the Declaration aforesaid and shall not take and subscribe the Oath following The Oath I A. B. Do Swear That it is not lawful upon any pretence whatsoever to take Arms against the King and that I do abhor that Traiterous Position of taking Arms by His Authority against His Person or against those that are Commissionated by him in pursuance of such Commissions And that I will not at any time endeavour any Alteration of Government either in Church or State And all such person and persons as shall take upon them to Preach in any unlawful Assembly Conventicle or Méeting under colour or pretence of any Exercise of Religion contrary to the Laws and Statutes of this Kingdom shall not at any time from and after the Four and twentieth day of March which shall be in this present year of our Lord God One thousand six hundred sixty and five unless onely in passing upon the Road come or be within Five miles of any City or Town Corporate or Burrough that sends Burgesses to the Parliament within His Majesties Kingdom of England Principality of Wales or of the Town of Berwick upon Tweed or within Five miles of any Parish Town or place wherein he or they have since the Act of Oblivion béen Parson Vicar Curate Stipendary or Lecturer or taken upon them to Preach in any unlawful Assembly Conventicle or Méeting under colour or pretence of any Exercise of Religion contrary to the Laws and Statutes of this Kingdom before he or they have taken and subscribed the Oath aforesaid before the Iustices of the Peace at their quarter-Quarter-Sessions to be holden for the County Riding or Division next unto the said Corporation City or Burrough Parish place or Town in open Court which said Oath the said Iustices are hereby Impowred there to Administer upon forfeiture for every such offence the sum of Fourty pounds of lawful English money The Penalty the one Third part thereof to His Majesty and his Successors the other Third part to the use of the poor of the Parish where the offence shall be committed and the other third part thereof to such person or persons as shall or will sue for the same by Action of Debt Plaint Bill or Information in any Court of Record at Westminster or before any Iustices of Assize Oyer and Terminer or Gaol-Delivery or before any Iustices of the Counties Palatine of Chester Lancaster or Durham or the Iustices of the great Sessions in Wales or before any Iustices of Peace in their quarter-Quarter-Sessions wherein no Essoign Protection or Wager of Law shall be allowed Provided always and be it further Enacted by the Authority aforesaid That it shall not be lawful for any person or persons restrained from coming to any City Town Corporate Burrough Parish Town or place as aforesaid or for any other person or persons as shall not first take and subscribe the said Oath and as shall not frequent Divine Service established by the Laws of this Kingdom and carry him or her self reverently decently and orderly there to Teach any publique or private-School or take any Boarders or Tablers that are Taught or Instructed by him or her self or any other upon pain for every such offence to forfeit the sum of Forty pounds to be recovered and distributed as aforesaid Provided also and be it further Enacted by the Authority aforesaid That it shall be lawful for any Two Iustices of the Peace of the respective County upon Oath to them of any offence against this Act which Oath they are hereby Impowred to Administer to Commit the Offender for Six moneths without Bail or Mainprise unless upon or before such Commitment he shall before the said Iustices of the Peace Swear and Subscribe the aforesaid Oath and Declaration Provided always That if any person intended to be Restrained by vertue of this Act shall without fraud or covin be Served with any Writ Subpoena Warrant or other Process whereby his personal appearance is required his obedience to such Writ Subpoena or Process shall not be construed an offence against this Act. CAP. III. For Uniting Churches in Cities and Towns Corporate FOrasmuch as the setled Provision for Ministers in most Cities and Towns Corporate within this Realm is not sufficient for the Maintenance of able Ministers fit for such places whereby Mean and Stipendary Preachers are entertained to serve the Cures there who wholly depending for their Maintenance upon the good will and liking of their Auditors have béen and are hereby under temptation of too much complying and suiting their Doctrine and Teaching to the humour rather then good of their Auditors which hath béen a great occasion of Faction and Schism and of the contempt of the Ministry The Lords and Commons in Parliament Assembled being deeply sensible of the ill consequence thereof and piously desiring able Ministers in such places and a competent setled Maintenance for them by the Vnion of Churches which is also become necessary by reason of the great Ruine of many Churches and Parishes in the late ill times and otherwise Do therefore most humbly beséech Your most Excellent Majesty That it may be Enacted and be it Enacted by the Kings most Excellent Majesty In what Cities and Towns and how Churches and Chappels may be united by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by the Authority of the same That in every City or Town Corporate and their Liberties within the Kingdom of England and Dominion of Wales which
This Act to continue to the end of the first Session of the next Parliament St. 1 Car. 1. Continued and made perpetual 17 Car. cap. 4. CAP. II. A restraint of passage or sending any person beyond the Seas to be Popishly bred FOrasmuch as divers ill affected persons to the true Religion established within this Realm have sent their children into foreign parts to be bred up in Popery 1. Jac. 4. He that goes himself or sends any other beyond the seas to be trained up in Popery c. shall be disabled to sue c. and shall lose all his goods and shal forfeit all his lands c. for life Stat. 27 El. 2. Stat. 3 Jac. 5. notwithstanding the restraint thereof by the Statute made in the first year of the reign of our late Soveraign Lord King James of famous memory Be it Enacted That the said Statute shall be put in due execution And be it further Enacted by the Kings most excellent Majesty and the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same That in case any person or persons under the obedience of the King his heirs and Successors at any time after the end of this Session of Parliament shall pass or go or shall convey or send or cause to be sent or conveyed any Childe or other person out of any of the Kings Dominions into any the parts beyond Seas out of the Kings obedience to the intent and purpose to enter into or be resident or trained up in any Priory Abbey Nunnery Popish Vniversity Colledge or School or House of Iesuits Priests or in any private Popish Family and shall be there by any Iesuite Seminary Priest Friar Monk or other Popish person instructed perswaded or strengthned in the Popish Religion in any sort to profess the same or shall convey or send or cause to be conveyed or sent by the hands or means of any person whatsoever any sum or sums of Money or other thing for or towards the maintenance of any Childe or other person already gone or sent or to go or to be sent and trained and instructed as is aforsaid or under the name or colour of any Charity Benevolence or Alms towards the relief of any Priory Abbey Nunnery Colledge School or any Religious House whatsoever Every person so sending conveying or causing to be sent and conveyed as well any such Childe or other person as any sum or sums of Money or other thing and every person passing or being sent beyond the Seas being thereof lawfully convicted in or upon any Information presentment or Indictment as is aforesaid shall be disabled from thenceforth to sue or use any Action Bill Plaint or Information in course of Law or to prosecute any Suit in any Court of Equity or to be Committée of any Ward or Executor or Administrator to any person or capable of any Legacy or Déed or Gift or to bear any Office within the Realm and shall lose and forfeit all his Goods and Chattels and shall forfeit all his Lands Tenements and Hereditaments Rents Annuities Offices and Estates of Fréehold for and during his natural life A convert shall not incur the penalties aforesaid Stat. 27. El. 2. Provided always That no person sent or conveyed as aforesaid that shall within six moneths after his return into this Realm conform himself unto the present Religion established in this Church of England and receive the Sacrament of the Lords Supper according to the Statutes made concerning Conformity in other cases required from Popish Recusants shall incur any the penalties aforesaid And it is enacted That all and every of the Offences against this Statute may be inquired heard and determined before the Iustices of the Kings-Bench or Iustices of Assise or Gaol-delivery or of Oyer and Terminer of such Counties where the Offendors did last dwell or abide or whence they departed out of this Kingdom or where they were taken Provided also That if any person or Childe so passing or sent or now being beyond the Seas shall after his return into this Realm conform himself to the present Religion established in this Church of England and receive the Sacrament of the Lords Supper according to the Statutes made for or concerning Conformity in other cases required from Popish Recusants for and during such time as he or she shall so continue in such Conformity and obedience according to the true intent and meaning of the said Laws and Statutes shall have his or her Lands restored to them again CAP. III. The Forfeiture and Punishment of him that keeps an Alehouse without License VVHereas by an Act made in the fifth year of the reign of King Edward the sixth of famous memory intituled an Act for kéepers of Alehouses to be bound by Recognizance amongst other things ◠6. Ed. 6. 25 it is enacted That if any person or persons other then such as should be from thenceforth admitted and allowed by the Iustices mentioned in the said Act should after the day in the said Act limited obstinately and upon his own authority take upon him or them to kéep a common Alehouse or Tippling-house or should contrary to the commandment of the said Iustices or two of them use commonly selling of Ale or Béer That then the said Iustices of Peace or two of them whereof one to be of the Quorum should for every such offence commit every such person or persons so offending to the Common Gaol within the same Shire City Borough Town corporate Franchise or Liberty there to remain without bayl or mainprise by the space of thrée days And before his or their deliverance the said Iustices shall take recognizance of him or them so committed with two Sureties that he or they should not kéep any common Alehouse Tippling-house or use commonly selling of Ale or Béer as by the discretion of the said Iustices should séem convenient And the said Iustices should make Certificate of every such Recognizance and Offence at the next Quarter Sessions that should be holden within the same Shire City Borough Town corporate Franchise or Liberty where the same should be committed or done which Certificate should be a sufficient Conviction in Law of the same Offence And the said Iustices of Peace upon the said Certificate made should in open Sessions assess the Fine for every such Offence at twenty shillings as by the said Act may appear Which Law hath not wrought such Reformation as was intended for that the said Fine of twenty shillings is seldom levied and for that many of the said Offendors by reason of their poverty are neither able to pay the said Fine of twenty shillings nor yet to bear their own Charges of conveying them to the Gaol And moreover do leave a great charge of Wife and Children upon the Parishes wherein they live In regard whereof the Constables and other Officers are much discouraged in presenting them and the Offendors become
intermedling with any Office or Imployment relating to the Excise until he or they shall before two or more Iustices of Peace in the County where his or their imployments shall be or before one of the Barons of the Exchequer take the Oaths of Allegiance and Supremacy which Oaths they have hereby power to Administer together with this Oath following Mutatis Mutandis The Oath YOU shall swear to execute the Office of _____ truly and faithfully without Favour or Affection and shall from time to time true Accompt make and deliver to such person and persons as His Majesty shall appoint to receive the same and shall take no Fee or Reward for the Execution of the said Office from any other person than from His Maiesty or those whom His Majesty shall appoint in that behalf And be it further Enacted by the Authority aforesaid Certificates at the next quarter sessions London Westminster Southwark Officers to be appointed by his Majesty That every such Iustice of Peace shall certify the taking of such Oath to the next quarter-Quarter-Sessions there to be Recorded And it is further Enacted That all parts of the Cities of London and Westminster with the Burrough of Southwark and the several Suburbs thereof and Parishes within the wéekly Bills of Mortality shal be under the immediate care inspection and management of the said Head-Office and such and so many subordinate Commissioners and Sub-Commissioners and other Officers and Ministers for the Execution of the Premisses shall be from time to time nominated and appointed by His Majesty his Heirs and Successors in all and every other the Counties Cities Towns and Places within this Kingdom of England Dominion of Wales and Port of Berwick as from time to time his Majesty his Heirs and Successors shall think fit And it is hereby further Enacted That the said Office of Excise in all places where it shall be appointed The Excise office to be kept open shall be kept open from eight of the Clock in the morning till twelve of the Clock at noon and from two of the Clock in the Afternoon till five of the Clock in the Afternoon for the due execution and performance of all and every the matters and things in this Act appointed and required The monies collected to be paid into the receipt of the Exchequer And it is further hereby Enacted That the said Chief Commissioners of Excise or the major part of them shall from time to time issue forth and pay such sum and sums of money as shall from time to time be received collected or levyed by vertue of this Act into his Majesties Receipt of Exchequer Provided alwayes and be it Enacted Persons sued may plead the general issue That if any person or persons shall at any time be sued or prosecuted for any thing by him or them done or executed in pursuance of this Act he or they shall and may plead the general issue and give this Act in evidence for his defence and if upon the Tryal a Verdict shall pass for the Defendant or Defendants or the Plaintiff or Plaintiffs be Non-suit then such Defendant or Defendants shall have double costs to him or them awarded against such Plaintiff or Plaintiffs Provided also and be it Enacted Writs of Certiorari shal not supersede any proceedings That no Writ or Writs of Certiorari shall supersede Execution or other Procéedings upon any Order or Orders made by the Iustices aforesaid in pursuance of this Act but that Execution and other procéedings shall and may be had and made thereupon any such Writ or Writs or allowance thereof notwithstanding Provided alwayes and be it further Enacted That this Act or any thing therein contained Proviso for Ed. Backwell for payment of 2â—4 â—â— shall not be prejudicial to Edward Backwell Alderman of London as to the sum of twenty eight thousand four hundred and fifty pounds or any part thereof by him advanced upon the Credit of several Orders of this present Parliament and by them charged on the receipt of the Grand Excise that is to say the sum of Five thousand pounds payable to his Majesties Surveyor-General for the repair of his Majesties houses charged by vertue of an Order of the sixth of September 1660. with Interest for the same the sum of ten thousand pounds advanced to her Highness the Princes Royal being charged with Interest by an Order of the 13th of September 1660. the sum of ten thousand pounds payable to her Majesty the Quéen of Bohemia being charged together with Interest by an Order of the 13th of September 1660. the sum of thrée thousand four hundred and fifty pounds payable for Provisions for Dunkirk by an Order of the 26th of November 1660. which sum of twenty eight thousand four hundred and fifty pounds together with Interest for the same according to the tenor of the said Orders after the rate of six per Cent. shall be paid to the said Edward Backwell or his Assigns out of the Grand Excise and the Arrears thereof in course as is by the said Orders appointed and in case the same shall fall short in payment by the Twenty fifth of December One thousand six hundred and sixty that then the remainder shall continue secured to him out of the whole Excise in course as aforesaid and that no other payments be made out of the Excise but what is appointed by this present Parliament in course to precede the same untill the said debt due to the said Edward Backwell be satisfied and that in case any part of the monies due to Alderman Backwell be paid out of that part of the Excise which shall grow due to the Kings Majesty that then his Majesty shall be reimbursed the same out of the first monies that shall come in of the Arrears of Excise that will be due the said twenty fifth of December Stat 13 Car. 2. cap. 7. CAP. XXIV The Court of Wards and Liveries and Tenures in Capite and by Knights-Service and Purveyance taken away and a Revenue setled upon His Majesty in Lieu thereof VVHereas it hath béen found by former experience That the Court of Wards and Liveries and Tenures by Knights-service either of the King or others or by Knights-service in Capite or Soccage in Capite of the King and the consequents upon the same have béen much more burthensome The reasons of this Act. grievous and prejudicial to the Kingdom then they have béen beneficial to the King and whereas since the intermission of the said Court which hath béen from the Four and twentieth day of February which was in the year of our Lord One thousand six hundred forty and five many Persons have by Will and otherwise made disposal of their Lands held by Knights-service whereupon divers Questions might possibly arise unless some seasonable remedy be taken to prevent the same Be it therefore Enacted by the King our Soveraign Lord with the assent of the Lords and Commons in Parliament
offending till satisfaction be made Power to mitigate the forfeitures Provided nevertheless That it shall and may be lawful to and for the said respective Iustices of Peace Commissioners for Excise or any two of them or their Sub-Commissioners respectively from time to time where they shall sée cause to mitigate compound or lessen such forfeiture penalty or fine as in their discretion they shall think fit And that every such mitigation and payment thereupon accordingly made shall be a sufficient discharge of the said penalties and forfeitures to the persons so offending so as by such mitigation the same be not made less than double the value of the duty of Excise which should or ought to have béen paid besides the reasonable costs and charges of such Officer or Officers or others as were imployed therein to be to them allowed by the said Iustices any thing in this Act to the contrary in any wise notwithstanding How the forfeitures shall be imployed And it is hereby further Enacted and Ordained That all Fines Forfeitures and Penalties mentioned in this Act all necessary charges for the recovery thereof being first deducted shall be imployed thrée fourth parts thereof to and for the use of the Kings Majesty and one fourth part to the Discoverer or Informer of the same And for the better managing collecting securing levying and recovering of all and every the said rates and charges of Excise hereby imposed and set upon all or any of the Commodities before mentioned One principal Office of Excise erected in London to the end the same may be paid and disposed of according to the intent of this present Act Be it further Enacted and Ordained by the authority aforesaid and it is hereby Enacted That one principal Head-Office shall be erected and continued in the City of London or within ten miles thereof from time to time as long as his Majesty shall think fit for this duty unto which all other Offices for the same within England and Wales and the Town and Port of Berwick shall be subordinate and accomptable Which said Office shall be managed by such Officers as shall be appointed by the Kings Majesty as aforesaid who or any two of them are hereby appointed and constituted Commissioners and Governours for the management of His Majesties Receipt of the Excise and to sit in some convenient place in the City of London or within ten miles thereof from time to time as long as his Majesty shall think fit And be it Enacted by the Authority aforesaid That no person or persons shall be capable of intermedling with any Office or Imployment relating to the Excise until he or they shall before two or more Iustices of Peace in the County where his or their imployments shall be or before one of the Barons of the Exchequer take the Oaths of Allegiance and Supremacy which Oaths they have hereby power to Administer together with this Oath following Mutatis Mutandis The Oath YOU shall swear to execute the Office of _____ truly and faithfully without Favour or Affection and shall from time to time true Accompt make and deliver to such person and persons as His Majesty shall appoint to receive the same and shall take no Fee or Reward for the Execution of the said Office from any other person than from His Maiesty or those whom His Majesty shall appoint in that behalf London Westminster c. to be under the management of the chief Office And be it further Enacted by the Authority aforesaid That every such Iustice of Peace shall certify the taking of such Oath to the next quarter-Quarter-Sessions there to be Recorded And it is further Enacted That all parts of the Cities of London and Westminster with the Burrough of Southwark and the several Suburbs thereof and Parishes within the wéekly Bills of Mortality shal be under the immediate care inspection and management of the said Head-Office and such and so many subordinate Commissioners All Commissioners c. to be nominated by his Maiesty and Sub-Commissioners and other Officers and Ministers for the Execution of the Premisses shall be from time to time nominated and appointed by His Maiesty his Heirs and Successors in all and every other the Counties Cities Towns and Places within this Kingdom of England Dominion of Wales and Port of Berwick as from time to time his Majesty his Heirs and Successors shall think fit And it is hereby further Enacted That the said Office of Excise in all places where it shall be appointed shall be kept open from eight of the Clock in the morning Times in which the Office shall be kept open till twelve of the Clock at noon and from two of the Clock in the Afternoon till five of the Clock in the Afternoon for the due execution and performance of all and every the matters and things in this Act appointed and required And it is further hereby Enacted That the said Chief Commissioners of Excise or the major part of them shall from time to time issue forth and pay such sum and sums of money as shall from time to time be received collected or levyed by vertue of this Act into his Majesties Receipt of Exchequer The general â—â—â—ue pleadable in any action upon this Statute Provided alwayes and be it Enacted That if any person or persons shall at any time be sued or prosecuted for any thing by him or them done or executed in pursuance of this Act he or they shall and may plead the general issue and give this Act in evidence for his defence and if upon the Tryal a Verdict shall pass for the Defendant or Defendants or the Plaintiff or Plaintiffs be Non-suit then such Defendant or Defendants shall have double costs to him or them awarded against such Plaintiff or Plaintiffs Writs of Certiorari no supersedeas Provided also and be it Enacted That no Writ or Writs of Certiorari shall supersede Execution or other Procéedings upon any Order or Orders made by the Iustices aforesaid in pursuance of this Act but that Execution and other procéedings shall and may be had and made thereupon any such Writ or Writs or allowance thereof notwithstanding Proviso as to the Act of General pardon Provided That this Act or any thing therein contained shall not extend or be construed to extend in any matter to weaken or invalidate one Act of this present Parliament Entituled An Act of Free and General Pardon Indempnity and Oblivion but that every Clause Article Matter and thing therein mentioned and comprised shall notwithstanding this Act or any matter or thing therein remain good and valid and be of the same force vertue and effect as if this Act had never béen made Provided alwayes and be it further Enacted That this Act or any thing therein contained Proviso concerning Ed. Backwell shall not be prejudicial to Edward Backwell Alderman of London as to the sum of twenty eight thousand four hundred
shall cause to be proclaimed in the Market Town next to such place Penalty for taking more then limited for lodging c. and in such of the Neighbouring Towns and Villages as to them shall séem méet to the end that notice may be taken of such Rates and Prices And if any person shall take any other sum then what is or shall be so limited either for Lodging Horse-meat Stable-room or other such accomodations and be thereof convicted by confession of the party or by the Oath of one credible witness before any one Iustice of the Peace which Oath the said Iustice of the Peace is hereby authorized to administer That then in such case every person so offending shall forfeit and pay to the party grieved the sum of Forty shillings the same to be levied by distress by Warrant from the said Iustice of the Peace and sale thereof returning the overplus to the party the charge of the distraining being first deducted This Act to have continuance till the end of the first Session of the next Parliament and no longer CAP. IX Articles and Orders for the regulating and better Government of His Majesties Navies Ships of War and Forces by Sea FOr the regulating and better Government of his Majesties Navies Ships of War and Forces by Sea wherein under the good Providence and Protection of God the Wealth Safety and Strength of this Kingdom is so much concerned Articles to be observed Be it Enacted by the Kings most Excellent Majesty with the advice and consent of the Lords and Commons in this present Parliament assembled and by the Authority thereof That all and every the Articles and Orders in this Act mentioned shall be duely and respectively put in Execution observed and obeyed in manner hereafter mentioned I. The publick Worship of God THat all Commanders Captains and other Officers at Sea shall cause the publick Worship of Almighty God according to the Liturgy of the Church of England established by Law to be solemnly orderly and reverently performed in their respective Ships And that prayers and preachings by the respective Chaplains in holy Orders of the respective Ships be performed diligently and that the Lords Day be observed according to Law II. Swearing Drunkenness c. Every person and persons in his Majesties pay using unlawful and rash Oaths Cursings Execrations Drunkenness Vncleanness or other Scandalous Actions in derogation of Gods Honour and corruption of good manners shall be punished by Fine Imprisonment or otherwise as the Court-Martial shall think fit III. Holding any forreign Intelligence If any Officer Mariner Souldier or other person in the Fléet shall give hold or entertain Intelligence to or with any King Prince or State being Enemy to or any persons in Rebellion against his Majesty his Heirs and Successors without direction or leave from the Kings Majesty the Lord High Admiral Vice-Admiral or Commander in Chief of any Squadron every such person or persons so offending shall be punished with death IV. Letters or Messages from any forreign Prince c. Enemy to the King If any Letter or Message from any King Forrein Prince State or Potentate being an Enemy to the Kings Majestie his Heirs and Successors or on their behalf be conveyed to any Inferiour Officer Mariner or Souldier or other in the Fléet and the said Officer Mariner Souldier or other as aforesaid do not within twelve hours having opportunity so to do acquaint the Superiour Commander with it or if a Superiour Officer or Mariner being acquainted therewith by an Inferiour Officer Mariner or other or himself in his own person receiving a letter or message from any such Enemy or Rebel and shall not in convenient time reveal the same to the Admiral Vice-Admiral or the Commander of the Squadron every such person shall be punished with death or such other punishment as the Court-Martial shall think fit V. Relieving of any Enemy No person or persons of the Fléet shall relieve an Enemy or Rebel in time of War with money Victuals Powder Shot Arms Ammunition or any other Supplies whatsoever directly or indirectly upon pain of death or such other punishment as the Court-Martial shall think fit to impose VI. Papers Charter-Parties c. taken in any Ship seised as Prize All the Papers Charter-Parties Bills of Lading Pasports and other Writings whatsoever that shall be taken seized or found aboard any Ship or Ships which shall be surprised or seised as Prize shall be duly preserved and not torn nor made away but the very Originals sent up intirely and without fraud to the Court of Admiralty or such other Commissioners as shall be appointed for that purpose there to be viewed made use of and procéeded upon according to Law upon pain of loss of all the shares of the Takers and such further punishment to be inflicted upon the Offenders therein as the quality of their offence and misdemeanor shall be found to deserve and the Court-Martial shall impose VII Prize Ships or Goods seised for prize None in his Majesties pay shall take out of any Prize or Ship or Goods seized on for Prize any Money Plate Goods Lading or Tackle before Iudgment thereof first past in the Admiralty Court but the full and intire accompt of the whole without imbezelment shall be brought in and Iudgment past intirely upon the whole without fraud upon pain of such punishment as shall be imposed by a Court-Martial or the Court of Admiralty excepting That it shall be lawful for all Captains Sea-men Souldiers and others serving as aforesaid to take and to have to themselves as Pillage without further or other accompt to be given for the same all such Goods and Merchandizes other then Arms Ammunition Tackle Furniture or Stores of such Ship as shall be found by them or any of them in any Ship they shall take in fight or prize upon or above the Gun-deck of the said Ship and not otherwise VIII Imbezeling any Cables Anchors c. None shall imbezle steal or take away any Cables Anchors Sails or any of the Ships Furniture or any of the Powder or Arms or Ammunition of the Ship upon pain of death or other punishment as the quality of the offence shall be found by a Court-Martial to deserve IX Forrein ships taken as prize not making resistance If any Forrein Ship or Vessel shall be taken as prize that shall not fight or make resistance that in that case none of the Captains Masters or Mariners being Forreiners shall be stripped of their Clothes or in any sort pillaged beaten or evil entreated upon pain That the person or persons so offending shall forfeit double Damages but the said Forrein Ships and all the Goods so taken shall be preserved intire to receive Iudgment in the Admiralty Court according to Right and Iustice X. Every Captain or Commander who upon signal or order of fight or view The duty of Captains c. upon signal of
to be levyed by distress and sale of the Goods of such person or persons so refusing as aforesaid rendering the overplus to the Party distrained necessary Charges for levying being first deducted Ability of persons assessed how to be discovered And for the better discovery of the Ability of the Persons so to be assessed and charged and of all Misdemeanors tending to the hinderance of the service aforesaid the said respective Lieutenants and their Deputies or any thrée or more of them are hereby enabled to examine upon Oath such Person or Persons as they shall judge necessary or convenient or shall be produced by the Party charged or accused other then the Persons themselves to be assessed and accused And for the better and more spéedy execution of the Premisses Be it further Enacted That the said respective Lieutenants shall be Treasurer and Clerks for receiving and paying moneys by this Act. and are hereby required to appoint one or more Treasurer or Treasurers Clerk or Clerks for receiving and paying such moneys as shall be levyed by vertue hereof of all which Receipts and Disbursements thereof the said Treasurer Clerk and Clerks are every six moneths to give their Accompts in writing and upon Oath to the said Lieutenants and their Deputies or any thrée or more of them which Oath they have hereby Power to administer And the said Accompt so to be taken shall be forthwith certified to the Lords of His Majesties most honorable Privy Council and a Duplicate thereof shall be certified to the Iustices of Peace at the next General Quarter Sessions And be it further Enacted That the Deputy-Lieutenants shall observe and obey such Orders and Directions as they shall from time to time receive from the respective Lieutenants for the putting in execution the Powers given by this Act. And for the better securing the Peace of the Kingdom Be it further Enacted and Ordained Who shall be appointed to search for and seize Arms are the houses of dangerous persons that the said respective Lieutenants or any two or more of their Deputies are hereby enabled authorised from time to time by warrant under their hands and seals to employ such Person or Persons as they shall think fit of which a Commissioned Officer and the Constable or his Deputy or the Tythingman or in the absence of the Constable and his Deputy and Tythingman some other person bearing Office within the Parish where the search shall be shall be two to search for and seize all Arms in the custody or possession of any Person or Persons whom the said Lieutenants or any two or more of their Deputies shall judge dangerous to the Peace of the Kingdom and to secure such Arms for the service aforesaid and thereof from time to time to give Accounts to the said respective Lieutenants and in their absence as aforesaid or otherwise by their directions to their Deputies or any two or more of them Provided that no such search be made in any house or houses betwéen Sun-setting and Sun-rising other then in Cities and their Suburbs and Towns Corporate Market-Towns and houses within the Bills of Mortality where it shall and may be lawful to search in the night-time by Warrant as aforesaid if the Warrant shall so direct and in case of resistance to enter by force Houses of Peers And that no dwelling-house of any Péer of this Realm be searched by vertue of this Act but by immediate Warrant from his Majesty under his Sign Manual or in the presence of the Lieutenant or one of the Deputy-Lieutenants of the same County or Riding And that in all places houses whatsoever where search is to be made as aforesaid it shall and may be lawful in case of resistance to enter by force And that the Arms so seised may be restored to the Owners again if the said Lieutenants or in their absence as aforesaid their Deputies or any two or more of them shall so think fit And be it Enacted That all high Constables petty Constables All high Constables and Officers to be aiding the respective Lieutenants and other Officers and Ministers within the said Counties Cities Parishes and places aforesaid be are hereby required to be aiding and assisting to the said respective Lieutenants and their Deputies or any of them in execution of the premisses And that all and every person and persons who shall act or do any thing in execution thereof shall be hereby saved harmless and indemnified And also that all and every person and persons who have heretofore acted or done any thing in execution of any Commission or Commissions of Lieutenancy issued by the Kings Majesty that now is or by colour of them or any of them or touching or concerning the same or any of them or relating thereunto since the 7th day of May One thousand six hundred sixty and one untill the 20th day of May One thousand six hundred sixty and two shall be and are hereby saved harmless and indemnified in that behalf And be it further Enacted and Ordained How persons are to be charged residing in one County and having lands in another That where any person or persons shall be charged by vertue of this Act to find a horse and Horse-man horses and Horse-men and Arms or Foot-souldier and Arms in such County City or place where he or they do not reside or inhabit that then and in such cases the respective Lieutenants and Deputies or any thrée or more of them shall send Notice of every such charge if such person have any land in his own occupation to such person as he doth imploy as his Servant in managing the same And in case all his lands or other estate be demised and to farm let then to one or two of the most sufficient Tenant or Tenants who shall have the same in their occupation who are hereby required forthwith with all convenient spéed to convey the same to their Master or Landlord respectively And within such time as shall be appointed in that behalf bring an accompt of their Master or Landlords answer to the respective Lieutenants and Deputies or any thrée or more of them And upon neglect or refusal of the Landlord to provide such horse and Horse-man horses and Horse-men and Arms or Foot-souldier and Arms as is duly charged upon him according to the Rates mentioned in this Act for the yearly Rent reserved upon every demise or other grant and not otherwise within the time limited for that purpose Tenants to provide Arms for their Landlords That then the said Tenant or Tenants shall provide and do as the Landlord in that behalf ought to have done And if the said tenant or tenants shall refuse or neglect to provide such horse and Horse-man horses and Horse-men and Arms or Foot-souldier and Arms as are charged upon his or their Landlords within the time limited That then and upon every such default it shall and may be lawful to
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-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
seisure as aforesaid he or they shall forfeit for every such offence the sum of Twenty pounds for the uses and to be recovered as aforesaid And if any of the said Artificers and Dealers in cutting of Leather do refuse to be present with the said Searchers whensoever the same shall be desired by the said Master and Wardens of the Company of the Curriers or such persons thereto assigned by them as aforesaid then for every such default the persons so refusing shall forfeit the sum of Ten pounds for the uses and to be recovered as aforesaid CAP. VIII An Act for Distribution of Threescore thousand pounds amongst the truly Loyal and Indigent Commission-Officers and for Assessing of Offices and Distributing Moneys thereby raised for their further Supply EXP. CAP. IX For Relief of Poor and Maimed Officers and Souldiers who have faithfully served His Majesty and His Royal Father in the late Wars FOrasmuch as divers of His Majesties Loyal and Faithful Subjects who out of the sense of their Duty and Allegiance to his Majesties Royal Father of ever Blessed and Glorious Memory and to His Majestie that now is have during the late Wars wherein they have béen Imployed both by Sea and Land as Officers Souldiers and Mariners in the said Service exposed themselves to the utmost hazard of their Lives loss of their Limbs and utter ruine of their Fortunes and for whose Subsistence and Relief there is not yet any competent Provision made Nor for the Relief of the Widows and Orphans of such as have died or béen slain in the said Service And to the end that such as have béen eminent for their Loyalty and Sufferings The inducement and ground of this Act. in so good and just a Cause as the Defence of His Majesties Royal Person and Government may not passe without some Mark of Favour or Reward to be set upon them And that others may thereby receive all due Encouragement for the time to come to continue Loyal and Faithful to His Majesties Service according to their bounden Duty Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by Authority of the same That from the First day of this present Parliament every Parish within this Realm of England and Dominion of Wales and Town of Berwick upon Tweed shall be charged wéekly to the payment of such sum of Money as formerly they have béen rated by vertue of a Statute made in the Forty third year of Quéen Elizabeth Chapter the third 43 El. cap. 3. concerning the Relief of Mariners and Souldiers for and to such end and purpose How Parishes may be charged assessed and levied And likewise such further sum of Money over and besides the same as by His Majesties Iustices of the Peace in their next quarter-Quarter-Sessions to be held after the Feast of Easter next ensuing or the major part of them or at any other Quarter-Sessions to be hereafter by them held shall be adjudged méet to be Assessed upon every Parish or Chappelry that hath distinct Parochial Officers so as the said additional sum excéed not the sum of Two shillings and six pence nor be under the sum of Thrée pence each wéek for each such Parish or Chappelry the same to be levied in manner and form by such persons and under such penalties as by the said Statute of Quéen Elizabeth is Enacted and Declared And to be paid to the Treasurers for the Maimed Souldiers Treasurer for Maimed Souldiers appointed by the Iustices of the County or Liberty by vertue of this Act and the Statute of Quéen Elizabeth aforesaid Which said Treasurers shall be ordered to issue out and account for the same in such manner and under such penalties as by the said Statute is further Enacted and Declared And be it further Enacted by the Authority aforesaid â—fficers â—â—â—ldiers or â—â—â—triners Maimed or indigent how to be relieved That every Officer Souldier or Mariner maimed indigent aged or disabled in body for work in the Service of His said late Majesty or His Majesty that now is during the late Wars or which are so Impoverished by their Sufferings under any of the late Vsurped Powers as that they are destitute of any competent Subsistence or Livelihood and have continued Faithful to his Trust and not deserted the same by taking up Arms against His said late Majesty or His Majesty that now is or otherwise shall forthwith repair to the place where he was last setled before he took up Arms with a Certificate of his Service and hurts received under the hand of his Captain or other Commissionated Officer And shall also repair unto the two next Iustices of the Peace in the County where such his Setling was And the said two Iustices upon the Examination of the Truth of such Certificate which the said two Iustices are hereby impowred to take upon Oath of the party and of such Witnesses as he shall produce shall by Warrant unto the Treasurer assign him Relief until the next Quarter-Sessions to be holden for that County or Liberty at which time a yearly Pension shall be by the said Iustices or the major part of them granted in Manner and Form and with Power of Revocation or Alteration as by the said Statute is further declared and directed And in case that the Captain or Officer appointed to make such Certificate be dead the said two Iustices shall have Power upon Request made to them in behalf of the party maimed or aged indigent or disabled as aforesaid by Persons of Credit to give such Relief as in case of Examination as aforesaid Widowes and Orphans of Souldiers And as touching the Widows and Orphans of such as have died or suffered death in the said Service It is hereby further Enacted by the Authority aforesaid That over and besides such Relief as they shall gain by their Work and Labour and shall be allowed by the Charity and Benevolence of the Parish Town or Hamlet where they are setled who are hereby required to have them in special regard the Treasurers for the Maimed Souldiers for such County shall allow such further Relief from time to time as shall be adjudged méet by the two next Iustices of the Peace of such County And the said Relief shall be paid out of the Surplusage of such Stock of Maintenance as shall remain in the hands of the said Treasurers after such Pensions and payment of them made and of which Surplusage and Allowance made unto such Widows and Orphans the said Treasurers shall give account from time to time and the same distribute in such manner as by the Iustices shall be directed and according to the Statute aforesaid Treasurers High-Constables c. to be called to Accompt for Moneys received And be it further Enacted by the Authority aforesaid That the Iustices of Peace in every County or Liberty or any
two of them shall forthwith call all such Treasurers High-Constables Petty-Constables or other persons which have formerly béen Intrusted with the Receipt Collecting or Disposing of any such sum of Money charged upon any Parish by vertue of the Statute aforesaid and whereof no account hath béen given and likewise the Executors and Administrators of such person and persons unto a strict account concerning such Levies and Collections made And such Money as they shall find remaining in the custody of such persons to order forthwith to be paid for the intents and purposes aforesaid and no other to the Treasurer appointed by vertue of the said Statute or to be appointed by vertue of this present Act at the next Quarter-Sessions to be holden for such County or Liberty under such penalty as by the said Statute is set forth Which said Treasurer to be appointed by this Act shall continue by vertue hereof until Easter Sessions following The continuance of this Act. Provided That no Pension to be given or assigned by Authority hereof shall excéed to any one person the sum of Twenty pounds by the year This Act to continue to the end of the first Session of the next Parliament CAP. X. An Additional Revenue setled upon His Majesty His Heirs and Successors for the better support of His and their Crown and Dignity The great concernment of proportioning the Publique Revenue to the Charges and Expences FOrasmuch as nothing conduceth more to the Peace and Prosperity of a Nation and the Protection of every single person therein then that the Publick Revenue thereof may be in some measure proportioned to the Publick Charges and Expences We therefore Your Majesties most Loyal and Obedient Subjects the Commons assembled in Parliament having duly considered the Premisses do give and grant unto your most Excellent Majesty Your Heirs and Successors the Rates and Duties herein after mentioned and do most humbly beséech Your Majesty that it may be Enacted And be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in Parliament assembled and by the Authority of the same That from and after the Five and twentieth day of March in the year of our Lord God One thousand six hundred sixty and two every Dwelling and other House and Edifice and all Lodgings and Chambers in the Inns of Court Inns of Chancery Colledges and other Societies that are or hereafter shall be erected within the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed other then such as in this Act are hereafter excepted and declared shall be chargeable and by this present Act be and are charged with the Annual paâ—ment to the Kings Majesty Every Fire-Hearth and Stove charged with the yearly payment of 2 s. to the King his Heirs and Successors his Heirs and Successors for every Fire-Hearth and Stove within every such House Edifice Chambers and Lodging as aforesaid the sum of Two shillings by the year to be paid yearly and every year at the Feast of St. Michael the Arch-Angel and the Feast of the Annuntiation of the Blessed Virgin St. Mary by even and equal portions the First payment thereof to be paid upon the Feast-day of Saint Michael the Arch-Angel which shall be in the year of our Lord One thousand six hundred sixty and two And to the intent that a just account may be had and taken of all the said Hearths and Stoves by this Act intended to be charged Be it Enacted by the Authority aforesaid How an Accompt shall be taken of all Fire-Hearths and Stoves That every Owner or Occupier of every such House Edifice Lodgings and Chambers shall respectively within six dayes after notice given unto him or them by the respective Constables Headboroughs Tythingmen or other such Officers within whose Precinct the said House Edifice Chambers or Lodgings shall be or by the respective Treasurers or Officers of Inns of Court Inns of Chancery or other Officers of the respective Colledges and other Societies aforesaid wherein any such Lodgings and Chambers shall be deliver unto the said Constables Headboroughs Tithingmen or other such Officers as aforesaid respectively a true and just account in writing under the hands of such Owners or Occupiers as aforesaid of all the said Hearths and Stoves which are within their several and respective Houses Lodgings and Chambers aforesaid And be it Enacted by the Authority aforesaid That the respective Constables Headboroughs How and when the same shall be delivered in Tithingmen or other such Officers within whose limits any such House or Edifice charged by this Act as aforesaid are and the respective Treasurers and other Officers of the respective Inns of Court Inns of Chancery Colledges and other Societies aforesaid shall by the last day of May One thousand six hundred sixty and two require the several Occupiers of every such House Edifice Lodging and Chamber aforesaid to deliver in to them respectively Accounts in writing as aforesaid under their several and respective hands of all such Hearths and Stoves as aforesaid as shall be within their respective Houses Edifices Lodgings and Chambers and upon receipt of the same or upon default of such Account in writing or in case there be no occupiers then within six dayes after notice in writing fixt to the door requiring such Account to be made the said Constables or other Officers respectively as aforesaid shall enter into the said respective Houses in the day-time and compare such Accounts and sée whether the same be truly made or not And if no such Account be delivered then shall take information by their own view of the number of such Hearths and Stoves upon pain that every Constable Treasurer and other Officer aforesaid who shall neglect to do the same shall forfeit for every wéek he or they shall so neglect the sum of Five pounds and for every false return wilfully made contrary to this Act he or they shall forfeit and lose for every Hearth and Stove so falsly returned or omitted the sum of Forty shillings And be it further Enacted by the Authority aforesaid That the several Constables and other Officers who are hereby authorized to take the account of the aforesaid Hearths and Stoves within their particular Limits as aforesaid shall at the next Quarter-Sessions after the said last day of May to be holden for their respective Counties deliver all such Accounts in writing as they shall receive reform or take by their own view unto the Iustices of Peace in their respective quarter-Quarter-Sessions of the said Counties together with a true Note of the names of all such persons who shall refuse or neglect to give unto them an account under their hands of such Hearths and Stoves within their respective Houses Edifices Chambers and Lodgings as aforesaid And be it further Enacted How Accompts of Hearths and Stoves shall be enrolled and duplicates thereof by the Iustices
of the Peace That the said Iustices of Peace shall cause all the said Accounts of the several Hearths and Stoves within the respective Counties to be Inrolled by the Clerk of the Peace of the said respective Counties Ridings in Yorkshire and Divisions in Lincolnshire and also a Duplicate thereof in Parchment under the Hands and Seals of thrée or more of the Iustices of Peace of the respective Counties and places aforesaid who are hereby required to sign the same to be returned into his Majesties Court of Exchequer within one moneth next after such account delivered unto them at their respective quarter-Quarter-Sessions aforesaid upon pain that the Clerk of the Peace of every such County Riding or Division respectively offending therein shall forfeit to his Majesty his Heirs and Successors the sum of Two hundred pounds for the first moneth and for the second moneth he shall so neglect every such Clerk of the Peace shall forfeit and lose his or their place and office and the same shall become void accordingly which forfeiture and penalty shall be recovered and levied as this Act directs And to the intent that the Revenue hereby arising to his Majesty How the Moneys arising shall be collected received and paid into the Exchequer may from time to time be paid into his Exchequer with as little charge as may be Be it Enacted by the Authority aforesaid That the respective Treasurers and other Officers of the Inns of Court Inns of Chancery Colledges and other Societies aforesaid within their respective Iurisdictions and the several Petty-Constables Tithing-men Head-boroughs and such other Officers within the respective Limits Liberties and Iurisdictions shall every half year within Six days after the said duty shall grow due as aforesaid collect gather and receive the same from the several Occupiers of the said Hearths and Stoves and upon payment thereof shall give several Acquittances without taking any thing for such Acquittances unto the several persons who shall pay the same And that such Acquittances shall be a full and perfect discharge to every such person who shall pay the same against His Majesty His Heirs and Successors so that no person who shall have such Acquittance shall be molested sued or vexed or put to any charge in His Majesties Court of Exchequer or else where Distress and sale of goods in default of payment And be it further Enacted by the Authority aforesaid That in case any person who is hereby charged or intended to be charged to pay any sum or sums of money as aforesaid shall refuse or neglect to pay the same that then every person or persons who is hereby Authorized to collect the same shall and may levy the same by distress and sale of the goods of the person and persons so refusing or neglecting rendring unto the said person and persons the overplus of such money as shall remain in their hands by the said sale after the said duty and necessary charges of levying the same is discharged as aforesaid The duty of Constables Treasurers and Officers impowered to Collect the said duties And be it further Enacted by the Authority aforesaid That the aforesaid Constables Treasurers and other Officers who are hereby Authorized to collect the aforesaid duties shall within Twenty days next after the aforesaid times at which the said duties shall be due to His Majesty as aforesaid pay unto the High Constables of the several Hundreds and respective Limits all such money as they shall receive for the aforesaid duties receiving an Acquittance without paying any thing for the same The allowance for Collecting and deducting Two pence in the pound for their pains in collecting the same And shall also then in writing under his hand deliver unto the said High Constable the names of the persons of whom they receive the same and also the names of such persons who ought to have paid the respective duties yearly charged upon them and have not paid the same where no distress can be had Within what time the money ought to be paid to the High Sheriff And be it further Enacted That the High Constables of the several hundreds and respective limits shall within ten days next after their several receipts from the said Constables Headboroughs Tithingmen and other Officers pay unto the High Sheriffs of every County all such money as they shall so receive deducting a penny in the pound for their pains and shall also then deliver or cause to be delivered unto the said High Sheriffs the several returns which they received from the Constables and other Officers aforesaid And when the High Sheriff ought to pay the same into the Exchequer And the respective Sheriffs shall within thirty days after he or they shall receive the said moneys from the respective Collectors return the same together with the names of such persons who are defaulters and had no distress to be found into His Majesties Court of Exchequer deducting Four pence out of every Twenty shillings and so after that rate whereof Thrée pence to be for the Sheriffs own use as a reward of his pains in receiving and returning the same and One penny to be paid by the Sheriff to the Clerk of the Peace for his pains to be recovered by the said Clerk of the Peace by Action of Debt London Middlesex Provided always and be it Enacted That the High Sheriff of London and Middlesex for the time being for London and so much of the County of Middelsex as lies within the Bills of Mortality other then the Inns of Court and Chancery and the High Sheriff of Surrey for the time being for the Burrough of Southwark Surrey Southwark and all other Sheriffs of any other City or Town being a County of it self for such Cities and Towns respectively shall be and are hereby made Collectors of and for the several duties arising within their several and respective limits For which end and purpose and in those places onely the Constables Tithingmen Headboroughs and other Officers shall deliver unto the Sheriffs of the Cities and places aforesaid Duplicates of the same Accompts of Hearths and Stoves which the said Constables Headboroughs Tithingmen and other Officers are appointed by this Act to take from time to time and to deliver to the Iustices of Peace to be Inrolled as aforesaid And the said Sheriffs of the Cities and places last before mentioned are hereby enabled to levy the said duties and required to give Acquittances without any Fées as fully and amply to all intents and purposes as in this Act is appointed to be done by any other Collectors And the said Sheriffs shall from time to time within Forty days after the said Duties shall be payable by vertue of this Act make payment of all the moneys levied into His Majesties Exchequer with a perfect List of the names of such persons as shall make default of payment where no distress can be found to be taken Any thing in this
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-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-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-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
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-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-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-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
the contrary in any wise notwithstanding Proviso for owners of ships that have offended and shall first discover the same Provided always That if any Owner of any Ship or Vessel or any Master or Mariner knowing of such transportation of such shéep wool woolfels mortlings shorlings yarn made of wool wool-flocks Fullers earth Fulling clay or Tobacco-pipe clay shall within thrée moneths next after the knowledg thereof or after his return into the Kingdom of England or Ireland or into the said Town of Berwick or Dominion of Wales aforesaid give the first information bona fide before any of the Barons of either of the Courts of the Exchequer in England or Ireland for the time being or before the head Officer of any Port where he shall first arrive upon his or their Oath of the number and quantity of the goods mentioned in this Act so carryed conveyed and transported and by whom where and in what ship or vessel and afterwards shall be ready upon reasonable warning by Process to justify and prove the same that then such Owner and Owners Master Mariner and Mariners shall not be punished for felony by vertue of this Act but shall nevertheless be subject to all other penalties and forfeitures in this or any other Act contained for the Offence aforesaid and all such Exportation Transportation carrying or conveying of any the goods Common nusance Who may hear and determine the said offences wares or commodities in this Act mentioned is hereby declared and adjudged to be a common and publick Nusance And for the better execution of this Act be it further Enacted that all Iustices of Assize Iustices of Goal-delivery and Iustices of Peace shall enquire of all the premisses in their General quarter-Quarter-Sessions and hear and determine the same and that all Mayors Bailiffs and other head Officers of Cities Burroughs and Towns not having Iurisdiction to try felony shall enquire of all and every Offence within this Act not made felony and hear and determine the same CAP. XIX Importing of Foreign Wool-cards Card-wire or Iron-wire prohibited WHereas by the Acts of Parliament made in the third year of King Edward the fourth and the nine and thirtieth year of Quéen Elizabeth 3 E. 4. ca. 4. â—9 El. c. 14. and several other Statutes before that time made It is Enacted amongst other things therein contained that no Cards for wool nor Iron thread commonly called white wire shall be Imported sent or conveyed into this Realm of England wherein the best Iron thread or wire for making wool-cards is made and by the said manufacture of making and drawing of wire and wool-cards very many poor people of this Kingdom and their families have béen imployed and maintained and the wool-cards made thereof are of great concernment to this Kingdom for the good making of woollen Cloth And whereas contrary to the said Statutes not only much Foreign Card-wire but also Foreign wool-cards have béen in these late times Imported into this Kingdom and also within the same many old wool-cards are by ill disposed persons for their private lucre bought up and the old Iron-wire of the said old wool-cards being very weak and insufficient for the well carding of wool is put into new leather and new boards and so uttered and sold to ignorant people for new wool-cards to their great detriment and the indamaging of their work carding of wool and the cloth made thereof By all which very great inconveniencies have béen found by experience of Clothiers in their making of English Cloth which is lately much debased and decayed and wherein this Nation is greatly concerned to uphold and encourage the well making thereof in and by all wayes and means in any wise conducible thereunto Be it therefore Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and the Commons assembled in Parliament No Foreign wool-cards card-wire or iron wire for wool-cards may be imported And it is hereby Enacted by the Authority aforesaid That no Foreign wool-cards or Foreign Card-wire or Iron-wire for making of wool-cards be Imported into this Kingdom of England Dominion of Wales or any parts thereof nor used within the same nor any Card-wire taken out of old Cards be from henceforth put into new leather and new Card-boards nor any such wool-cards made thereof be put to sale upon the pains penalties and forfeitures hereafter following that is to say Every person or persons who shall import or bring any Foreign wool-cards or Foreign Card-wire or Iron-wire for making of wool-cards into this Kingdom of England The penalty Dominion of Wales or any parts thereof or make any wool-cards of any such old Card-wire as aforesaid or put the same to sale shall forfeit the said wool-cards and Card-wire or Iron wire for making wool-cards or the value thereof if the same be not seised the one half part thereof to the Kings Majesty and the other half part thereof to such person or persons who shall first seise or sue for the same by Action of Debt Plaint Bill Information or Indictment in any of his Majesties Courts of Record at Westminster or within the County City Burrough or Town Corporate where such offence shall be committed wherein no Essoign Protection Wager of Law or Injunction shall be allowed or admitted Proviso for amending of old wool-cards Provided always That this Act shall not extend to hinder the Owners of any wool-cards to cause them to be amended for their own use or to transport or sell for Transportation onely any their old overworn wool-cards in any parts beyond the Seas out of his Majesties Dominions CAP. XX. Provision of Carriage by Land and by Water for the use of His Majesties Navy and Ordnance WHereas by an Act Entituled An Act for taking away the Court of Wards and Liveries 12 Car. 2. cap. 24. and Tenures in Capite and by Knights Service and Purveyance and for setling a Revenue upon His Majesty in lieu thereof It was amongst other things Enacted for the reasons and recompence therein expressed That from thenceforth no Person or Persons by any Warrant Commission or Authority under the Great Seal or otherwise by colour of buying or making provision or purveyance for his Majesty or any Quéen of England for the time being or of any the Children of any King or Quéen of England that shall be or for his their or any of their Houshold shall take any Cart Carriage or other thing whatsoever of any the Subjects of his Majesty his Heirs or Successors without the free and full consent of the Owner or Owners thereof had and obtained without Menace or Enforcement nor shall summon warn take use or require any of the said Subjects to furnish or find any Horses Oxen or other Cattel Carts Ploughs Wayns or other Carriages for the use of his Majesty his Heirs or Successors or of any Queen of England or of any Child or Children
herein contained The eights and duties of Aulnage saved shall extend or be construed to extend to take away any of the Rights Duties or Customs of or belonging to the Office and Place of his Majesties Aulnager or his Deputy or Deputies within the said West-Riding But that he or they shall or may from time to time do and perform all and every matter and thing to him or them belonging according to the Laws and Statutes of this Realm And also receive all Fées due and accustomed to the said Office belonging in as large and ample manner as he or they might or ought to have done before the making of this present Act Any thing herein contained to the contrary thereof in any wise notwithstanding Provided always and it is further Enacted by the Authority aforesaid That neither the said Supervisers Masters Wardens and Assistants nor any of them Proviso that Rates of wages of workmen may not be set by colour of this Act. nor any other person or persons frée of the said Corporation of Broad Woollen Clothiers shall by any Authority derived from this Act or by colour thereof set or impose any other or lesser Rates or Wages upon any inferiour Workmen Servants or Labourers to be imployed by them or any of them in the said Manufacture then such as shall be from time to time allowed and approved of by the Iustices of the Peace in their quarter-Quarter-Sessions according to the Laws and Statutes touching Labourers in that case made and provided Provided also That this Act continue to the end of the First Session of the next Parliament The Continuance of this Act. and no longer CAP. XXXIII For preventing Abuses in Printing Seditious Treasonable and Unlicensed Books and Pamphlets and for Regulating of Printing and Printing-Presses WHereas the well-government and Regulating of Printers and Printing-Presses is matter of Publick care and of great Concernment especially considering Regulating of Printing of great Concirnment that by the general Licentiousness of the late Times many evil-disposed persons have béen encouraged to Print and Sell Heretical Schismatical Blasphemous Seditious and Treasonable Books Pamphlets and Papers and still do continue such their unlawful and exorbitant practice to the high dishonour of Almighty God the endangering the peace of these Kingdoms and raising a disaffection to His most Excellent Majesty and His Government For prevention whereof no surer means can be advised then by reducing and limiting the number of Printing-Presses and by ordering and setling the said Art or Mystery of Printing by Act of Parliament in manner as herein after is expressed The Kings most Excellent Majesty by and with the Consent and Advice of the Lords Spiritual and Temporal and Commons in this present Parliament assembled Pamphlets and Books prohibited to be printed published or sold doth therefore Ordain and Enact and be it Ordained and Enacted by the Authority aforesaid That no person or persons whatsover shall presume to Print or cause to be Printed either within this Realm of England or any other His Majesties Dominions or in the parts beyond the Seas any Heretical Seditious Schismatical or offensive Books or Pamphlets wherein any Doctrine or Opinion shall be asserted or maintained which is contrary to Christian Faith or the Doctrine or Discipline of the Church of England or which shall or may tend or be to the scandal of Religion or the Church or the Government or Governors of the Church State or Common-wealth or of any Corporation or particular person or persons whatsoever nor shall Import Publish Sell or dispose any such Book or Books or Pamphlets nor shall cause or procure any such to be Published or put to Sale or to be bound Stitched or Sewed together And be it further Ordained and Enacted by the Authority aforesaid That no private person or persons whatsoever shall at any time hereafter Print or cause to be Printed any Book or Pamphlet whatsoever unless the same Book and Pamphlet together with all and every the Titles Epistles Prefaces Proems Preambles Introductions Tables Dedications and other matters and things thereunto annexed Entry of printed Books with the Register of the Company of Stationers London be first Entred in the Book of the Register of the Company of Stationers of London Except Acts of Parliament Proclamations and such other Books and Papers as shall be appointed to be Printed by vertue of any Warrant under the Kings Majesties Sign Manual or under the hand of one or both of His Majesties Principal Secretaries of State and unless the same Book and Pamphlet and also all and every the said Titles Epistles Prefaces Proems Preambles Introductions Tables Dedications and other matters and things whatsoever thereunto annexed or therewith to be Imprinted shall be first lawfully Licensed and Authorized to be Printed by such person and persons only as shall be constituted and appointed to License the same according to the direction and true meaning of this present Act herein after expressed Who may Licence Books concerning the Common Laws to be-Printed and by no other that is to say That all Books concerning the Common Laws of this Realm shall be Printed by the special allowance of the Lord Chancellor or Lord Kéeper of the Great Seal of England for the time being the Lords Chief Iustices and Lord Chief Baron for the time being or one or more of them or by their or one or more of their appointments And that all Books of History concerning the State of this Realm or other Books concerning any Affairs of State Books of History and Affairs of State Concerning Heraldry shall be Licensed by the Principal Secretaries of State for the time being or one of them or by their or one of their appointments And that all Books to be Imprinted concerning Heraldry Titles of Honour and Armes or otherwise concerning the Office of Earl Marshal shall be Licensed by the Earl Marshal for the time being or by his appointment or in case there shall not then be an Earl Marshal shall be Licensed by the Thrée Kings of Armes Garter Clarencieux and Norroy or any two of them whereof Garter Principal King of Armes to be one Divinity Physick Philosophy or other Science And that all other Books to be Imprinted or Reprinted whether of Divinity Physick Philosophy or whatsoever other Science or Art shall be first Licensed and allowed by the Lord Archbishop of Canterbury and Lord Bishop of London for the time being or one of them or by their or one of their appointments or by either one of the Chancellors or Vice-Chancellors of either of the Vniversities of this Realm for the time being Provided always that the said Chancellors or Vice-Chancellors of either of the said Vniversities shall onely License such Books as are to be Imprinted or Reprinted within the limits of the said Vniversities respectively but not in London or elsewhere not medling either with Books of the Common Laws or matters of State or
beyond the Seas any Letters Founded or Cast nor shall buy any such Letters for Printing Printing-Presses or other Materials belonging unto Printing unless he or they respectively shall first acquaint the said Master and Wardens of the said Company of Stationers for the time being or some or one of them for whom the same Presses Iron-work or Letters are to be made forged cast brought or imported upon pain that every person who shal erect any such Printing-Press or shal demise or let any House or Room or suffer the same to be held or used and every person who shall make any Printing-Press or any Iron-work for a Printing-Press or shall make import or buy any Letters for Printing without giving notice as aforesaid shall forfeit for every such offence the sum of Five pounds the one Moyety whereof shal be to the use of our Soveraign Lord the King His Heirs and Successors and the other Moyety to the use of such person or persons as shall sue for the same Who and how many shall be Master Printers And be it further Enacted by the Authority aforesaid That for the time to come no man shall be admitted to be a Master-Printer until they who are now actually Master-Printers shall be by death or otherwise reduced to the number of Twenty and from thenceforth the number of Twenty Master-Printers shall be continued and no more besides the Kings Printers and the Printers allowed for the Vniversities to have the use and exercise of Printing of Books at one time and but Four Master Founders of Letters for Printing The which said Master-Printers and Four Master Founders of Letters for Printing shall be nominated appointed and allowed by the Lord Archbishop of Canterbury and Lord Bishop of London for the time being And in case of Death of any one of the said Four Master Founders of Letters or of the said Master Printers or of Forfeiture or avoidance of any of their places and priviledges to Print by vertue of this Act Master Founders of letters for Printing for any Offence contrary to the same or otherwise That then the Lord Archbishop of Canterbury and Lord Bishop London for the time being or one of them shall nominate and appoint such other fit person or persons to succéed and supply the place of such Master Printer or Founder of Letters as shall be void by Death Forfeiture or otherwise as aforesaid And every person and persons which shall hereafter be allowed or permitted to have the use of a Printing-Press or Printing-House upon or before such his allowance obtained shall become bound with Sureties to his Majesty in the Court of Kings-Bench or before some one or more of the Iustices of Assize or the Iustices of the Peace at their several quarter-Quarter-Sessions in the sum of Thrée hundred pounds not to print or suffer to be printed in his house or press any Book or Books whatsoever but such as shall from time to time be lawfully Licensed And be it further Enacted by the Authority aforesaid Who only may keep above two Printing-Presses That none of the said Master Printers so to be allowed from time to time as aforesaid shall kéep above Two Printing-Presses at once unlesse he hath béen Master or Vpper-Warden of the Company who are hereby allowed to kéep Thrée Presses and no more unless for some great and special occasion for the Publique he or they have for a time leave of the said Lord Archbishop of Canterbury or Lord Bishop of London for the time being or to have or use one or more above the aforesaid Number as their Lordships or either of them shall think fit And be it also Enacted by the Authority aforesaid What number of Apprentices they may retain That no Printer or Printers Except the Kings Printers nor Founder or Founders of Letters for printing shall take or retain any more or greater number of Apprentices then is herein after limited and appointed that is to say Every Master Printer and Master Founder of Letters for Printing that is or hath béen Master or Vpper Warden of his Company may have thrée Apprentices at one time and no more And every Master Printer and Master Founder of Letters for Printing that is of the Livery of his Company may have two Apprentices at one time and no more And every Master Printer and Master Founder of Letters for printing of the Yeomanry of his Company may have one Apprentice at one time and no more neither by Copartnership binding at the Scriveners nor any other way whatsoever Neither shall it be lawful for any Master Printer or Master Founder of Letters when any Apprentice or Apprentices shall run or be put away to take another Apprentice or other Apprentices in his or their place or places unless the name or names of him or them so gone away be rased out of the Hall-Book and never admitted again And because a great part of the secret printing in corners hath béen caused for want of Orderly Imployment for Iourneymen-Printers The said several Master Printers Iourney-men Printers and Founders of Letters to be imployed and Master Founders of Letters for printing so to be allowed as aforesaid are hereby required to take special Care that all Iourney-men-Printers and Iourney-men-Founders of Letters for printing who are lawfully Frée of the said respective Mysteries be set to Work and Imployed in their respective Trades And if any such Iourney-man-Printer or Iourney-man-Founder of Letters being of honest and good behaviour and able in his Trade do want Imployment he shall repair to any of the said Master Printers or Master Founders of Letters respectively for the time being who thereupon shall receive him or them into Work If such Master Printer or Master Founder of Letters have not a Iourney-man already although such Master Printer or Master Founder of Letters respectively with his Apprentice or Apprentices be able without the help of the said Iourney-man to discharge his own Work upon pain that every Master Printer and Master Founder of Letters respectively refusing to receive such Iourney-man repairing to him as aforesaid shall forfeit Five pounds to be recovered by Bill Plaint or Information in any Court of Record wherein no Essoign Wager at Law Priviledge or Protection shall be admitted the Moyety of which Forfeiture shall go to the Kings Majesty his Heirs and Successors and the other Moyety to the Informer who shall sue for the same within six moneths next after the said offence committed And if any Iourney-man or Iourney-men Printers or Founders of Letters for printing shall refuse imployment being offered to him or them by any Master Printer or Master Founder of Letters respectively or neglect it when he or they have undertaken it he or they so refusing or neglecting shall suffer Thrée moneths Imprisonment at the least without Bail or Mainprize upon Conviction of such his said refusal or neglect by two Witnesses before any one or more Iustice or Iustices of the Peace who
such Rate is made whereby they shall have power for their several Counties to raise upon the Parishes that lie in or near the said Road and so will have a benefit therefrom such sum or sums of money as they shall sée fit and convenient for the spéedy effecting of the said Repairs before mentioned which said sum and sums so to be rated as aforesaid shall be paid to the Surveyors for the respective County where such Rate is made or to their Receiver or Collector to be imployed for the repairing of the said Ways and places afore-mentioned and not otherwise And in case any person shall refuse to pay such rate so to be made That it shall and may be lawful for the said Surveyors or their said Receivers and Collectors to distrain for such sum or sums of money and the distress to sell rendring the overplus to the Owners Provided always and it is Enacted by the Authority aforesaid That the said money so advanced by the said several Towns in the said respective Counties shall again be repayed with Interest by the several Surveyors for the several Counties as it doth arise out of the said Toll every County paying for what is so borrowed within its own County and no further And be it further Enacted by the Authority aforesaid That if any person or persons not having any lawful cause to be allowed as aforesaid The Penalty for refusing to take the Office of Surveyor shall neglect or refuse to take upon him or them the said Office of Surveyor being thereunto nominated and chosen according as by this Act is appointed or to do or perform his or their duty in the due and spéedy execution of this present Act the said Iustices of the Peace for the several and respective Counties where such Surveyor or Surveyors dwell at their quarter-Quarter-Sessions shall and may hereby have power to impose on such person or persons so refusing or neglecting such Fine or Fines not excéeding Ten pounds upon each person so refusing or neglecting as to them shall séem méet and to cause the same to be levied by distress and sale of his or their Goods rendring to the party so distrained the overplus if any shall be Fines and Forfeitures upon this Act how to be paid and disposed And be it further Enacted by the Authority aforesaid That all Fines or Forfeitures to be imposed or incurred by vertue of this Act shall be paid to the Surveyors for the time being or any thrée of them or the Treasurers of the said Surveyors for the said respective Counties for and towards the repairing of the said High-ways and places aforesaid And in case of refusal or if any person or persons so chosen to take upon him or them the said Office shall happen to die or shall for any lawful impediment be discharged from the said Office that then some other fit person or persons within that County shall be appointed by two or more Iustices in the said County living near the said High-way and places aforesaid in the place of him or them that shall so refuse die or be discharged and the person or persons so chosen shall and are hereby required upon notice thereof to him or them given under the hands and seals of the said Iustices by whom he or they shall be so chosen to take upon him or them the said Office of Surveyor and to execute the same in such manner and under such and the like penalties as if he or they had béen chosen by the Iustices at their Sessions of the Peace in manner as aforesaid Suits upon this Act shall be laid in the proper County And the Defendant may plead the general Issue And be it further Enacted by the Authority aforesaid That if any Suit shall be commenced against any person for any thing done in pursuance of this present Act That in every such case the Action shall be laid in the said respective Counties where the Cause doth arise and not elsewhere and the Defendant in such Action so to be brought may plead the general Issue and give this Act and the special matter in evidence at any Tryal to be had thereupon and that the same was done in pursuance and by Authority of the said Act And if it shall so appear to be done and that such Action shall be brought in any other County That then the Iury shall find for the Defendant and upon such Verdict or if the Plaintiff shall be non-suited or discontinue his Action after the Defendant shall have appeared or if upon Demurrer Iudgment shall be given against the Plaintiff the said Defendant shall have and recover his double Costs Double Costs and have the like remedy for the same as any Defendant hath in any other case by Law Toll not to be paid twice in the same day Provided always That no person or persons having occasion to passe any place where the Toll is taken and return the same day with the same Horse Coach Waggon or other Carriage or with Cattel shall be compelled in the same day to pay the said Toll a second time Any thing in this Act to the contrary notwithstanding Provided also That all and every person and persons who by Law are chargeable towards the repairing of the said High-ways and places aforesaid shall still remain so chargeable Any thing in this Act to the contrary thereof in any wise notwithstanding The continuance of this Act for 11. years only Proviso for exempting certain persons and things from paying any Toll Provided also That neither this Act nor any thing therein contained shall extend to any further time or be of force any longer then the term of Eleven years to be accounted from the passing of this Act Any thing in this Act to the contrary notwithstanding Provided always That all and every person and persons passing through the respective places appointed for the receiving of Toll as aforesaid viz. at Wades-Mill for the County of Hertford at Caxton for the County of Cambridge and at Stilton for the County of Huntington and coming immediately and primarily to and from the several Parishes of Standen Thundridge Ware and Bengeo adjacent to Wades-Mill in the said County of Hertford and Stowe great Papworth little Papworth Borne and Elsley adjacent to Caxton in the said County of Cambridge and Yaxley Washingley Glatton Cunington Waddon and Stibbington adjacent to Stilton in the said County of Huntington shall have a liberty to carry any quantity or quantities of Stones Sand Stones Gravel c. Lime or Gravel Dung Mould and Compost of any nature or kind whatsoever Brick Chalk or Wood And that they and all Carts with Hay or Corn in the Straw at Hay-time Hay Corn in Harvest 〈◊〉 Pâ—â—ugh 〈◊〉 Impâ— of Hâ— or Harvest Ploughs Harrows and other Implements of Husbandry and all other things whatsoever imployed in the Husbanding Stocking and Manuring of their several and respective Lands in the said several
that purpose And that the respective Sheriffs shall be allowed or paid from the King upon their respective Accompts in the Exchequer all such charges by them expended for Conveying Embarquing and Transporting of such persons which shall be allowed by the said respective Courts from whence they received their respective Warrants and which shall not have béen by any of the ways aforementioned paid secured or reimbursed unto them as aforesaid How the offender may be discharged upon payment of 100 l. Provided always and be it further Enacted That in case the offender so Indicted and Convicted for the said Third offence shall pay into the hands of the Register or Clerk of the Court or Sessions where he shall be Convicted before the said Court or Sessions shall be ended the sum of One hundred pounds That then the said offender shall be discharged from Imprisonment and Transportation and the Iudgement for the same Punishment of offenders after the third offence And be it further Enacted That the like Imprisonment Indictment Arraignment and Procéedings shall be against every such offender as often as he shall again offend after such Third offence Nevertheless is dischargeable and discharged by the payment of the like sum as was paid by such offender for his or her said offence next before committed together with the additional and increased sum of One hundred pounds more upon every new offence committed the said respective sums to be paid as aforesaid and to be disposed of as followeth viz The one Moyety for the Repair of the Parish Church or Churches How the said penalty of 100 l. shall be disposed Chappel or Chappels of such Parish within which such Conventicle Assembly or Méeting shall be held and the other Moyety to the Repair of the High-ways of the said Parish or Parishes if néed require or otherwise for the amendment of such High-ways as the Iustices of the Peace at their respective quarter-Quarter-Sessions shall direct and appoint And if any Constable Headborough or Tythingman shall neglect to execute any the said Warrants made unto them for Sequestring Distraining and Selling any of the Goods and Chattels of any offender against this Act for the Levying such sums of money as shall be imposed for the first or second offence he shall forfeit for every such neglect the sum of Five pounds of lawful money of England the one moyetie thereof to the King and the other moyetie to him that will sue for the same in any of the Kings Courts of Record as is aforesaid And if any person be at any time Sued for putting in Execution any of the powers contained in this Act Persons sued for executing this Act may plead the General issue and recover treble Costs such person shall and may plead the general Issue and give the special matter in evidence And if the Plaintiff be Non-suit or a Verdict pass for the Defendant thereupon or if the Plaintiff discontinue his Action or if upon Demurrer Iudgement be given for the Defendant every such Defendant shall have his or their treble Costs Felony to escape after conviction or to returne after Transportation And be it further Enacted That if any person against whom Iudgement of Transportation shall be given in manner aforesaid shall make escape before Transportation or being Transported as aforesaid shall return unto this Realm of England Dominion of Wales and Town of Berwick upon Tweed without the special License of His Majesty His Heirs and Successors in that behalf first had and obtained That the party so escaping or returning shall be adjudged a Felon and shall suffer death as in case of Felony without benefit of Clergy and shall forfeit and lose to His Majesty all his or her Goods and Chattels for ever and shall further lose to His Majesty all his or her Lands Tenements and Hereditaments for and during the life only of such offender and no longer And that the wife of any such offender by force of this Act shall not lose her Dower nor shall any Corruption of blood grow or be by reason of any such offence mentioned in this Act But that the heir of every such offender by force of this Act shall and may after the death of such offender have and enjoy the Lands Tenements and Hereditaments of such offenders as if this Act had not béen made Seditious and Tumultuous Meetings and Conventicles And for better preventing of the mischiefs which may grow by such Seditious and Tumultuous Méetings under pretence of Religious Worship Be it further Enacted by the authority aforesaid That the Lieutenants or Deputy-Lieutenants or any Commissioned Officers of the Militia or any other of His Majesties Forces with such Troops or Companies of Horse or Foot And also the Sheriffs and Iustices of Peace and other Magistrates and Ministers of Iustice or any of them joyntly or severally within any of the Counties or Places within this Kingdom of England Dominion of Wales or Town of Berwick upon Tweed with such other assistance as they shall think méet or can get in readiness with the soonest on Certificate made to them respectively under the hand and seal of any one Iustice of the Peace or Chief Magistrate as aforesaid of his particular Information or knowledge of such unlawful Méetings or Conventicles held or to be held in their respective Counties or places And that he with such assistance as he can get together is not able to suppress or dissolve the same shall and may and are hereby required and enjoyned to repair unto the place where they are so held or to be held and by the best means they can to dissolve and dissipate or prevent all such unlawful Méetings and take into their custody such of those persons so unlawfully assembled as they shall judge to be the Leaders and Seducers of the rest and such others as they shall think fit to be procéeded against according to Law for such their Offences The penalty of suffering Conventicles in private houses And be it Enacted by the Authority aforesaid That every person who shall wittingly and willingly suffer any such Conventicle unlawful Assembly or Méeting aforesaid to be held in his or her House Out-house Barn or Room Yard or Back-side Woods or Grounds shall incur the same penalties and forfeitures as any other Offender against this Act ought to incur and be procéeded against in all points in such manner as any other offender against this Act ought to be procéeded against Gaolers may not let priso-committed upon this Act to go at large Provided also And be it Enacted by the authority aforesaid That if any Kéeper of any Gaol or House of Correction shall suffer any person committed to his custody for any offence against this Act to go at large contrary to the Warrant of his Commitment according to this Act or shall permit any person who is at large to joyn with any person committed to his Custody by vertue of
Road safety and preservation of Ships that may resort thither as well in peril of Storms as otherwise to lade or unlade their Goods and to alter repair and amend the same or any part of it from time to time as oft as néed shall require And to the end that the making the said River Navigable and passable for Barges Boats Lighters and other Vessels and the erecting and making the said Haven Channels Sasses Locks Wears Turnpikes Penns for Water Wharfs Bridges Ways and Passages as aforesaid or other things may not be any way prejudicial to the Inheritance Possession or profit of any person or persons Bodies Politick or Corporate whatsoever that have any Lands Tenements Wears or Hereditaments adjoyning unto the said River or Streams Brooks new Chanels and Passages as aforesaid or any of them or through which the same shall be made or cut as aforesaid Satisfaction to parties endamaged in any of their lands Be it therefore Enacted by the Authority aforesaid That the said Vndertakers before they do meddle with the Lands Inheritance Possession or Profit of any person or persons Bodies Politick or Corporate shall first agrée with such persons Bodyes Politick or Corporate for the loss or damage that any of them shall or may any way receive by the making or altering the said Haven Channels Wharfs Sasses Locks Wears and Passages or procure some Order therein to be made by the Commissioners to be Assigned for that purpose as hereafter in this present Act is expressed And for the better effecting of the premisses and the due rating of the value of the things to be compounded for by the true intent of this Statute if the Parties shall not agrée Be it Enacted by the Authority aforesaid Commissioners for compounding with persons so damnifide That at the request and charges of the said Vndertakers One or more Commission or Commissions under the Great Seal of England shall be granted to Edward Earl of Clarendon Lord Chancellor of England Thomas Earl of Southampton Lord High Treasurer of England Philip Earl of Pembroke and Mountgomery William Lord Herbert of Cardiffe Henry Lord Viscount Cornbury George Lord Bishop of Winchester and the Bishop of Winchester for the time being John Lord Bishop of Sarum and the Bishop of Sarum for the time being William Lord Sands Robert Lord Brook Anthony Lord Ashly Chancellor of the Exchequer Sir Edward Nicholas Knight One of His Majesties most Honourable Privy-Council Sir Robert Hyde Knight Lord Chief Iustice of the Kings Bench Sir Wadham Windham Knight one of the Iustices of the Kings Bench Sir George Grubham How Baronet Sir Joseph Ash Baronet Sir John Nicholas Knight of the Bath sir John Low Knight sir Robert Mason Knight sir Thomas Mompesson Knight sir John Clobery Knight Stephen Fox Esquire Clerk of the Gréen-Cloth and one of the Citizens for the City of New-Sarum John Joyce Mayor of the City of New-Sarum and the Mayor of the City for the time being Richard Coleman Esquire Recorder of the City of New-Sarum and the Recorder of the same City for the time being Francis Roll Esquire High Sheriff of the County of Southampton Lawrence Hyde Esquire Humphrey VVeld Esquire Edward Hyde of Hatch Esquire Richard How Esquire John Holt the elder of the Close of the City of New-Sarum Esquire George Vennerd of the City of New-Sarum Esquire Edward Manning Esquire Richard Compton Esquire Thomas Knowles Esquire Philip Lee Esq Walter Bockland Esq VVilliam Swanton Esq Roger Gallop Esq Edward Hooper of Huncourt Esq Will. Tulse Esq John Hobby Esq Henry Tulse Esquire Henry VVhitehead Esq The Mayor of VVilton for the time being and the Mayor of Christ-Church for the time being Samuel Percival Esquire VVilliam Lisle Esquire and Philip Percival Gentleman The power of the said Commissioners Which said Commissioners or any seven or more of them not being Parties concerned shall have full power and Authority and are hereby impowred and Authorized by examination of witnesses upon Oath which Oath they or any seven or more of them have hereby power to administer or by any other lawful ways or means to examine here and determine all and all manner of Controversies Debates and Questions which shall happen and arise betwéen any persons whatsoever touching or concerning any matter or thing relating to the aforesaid Premisses or any part thereof And to appoint determine and decree what and how much satisfaction every such person or persons Body politick or Corporate shall have for or in respect of the loss to be by him her or them sustained notice being first given of their Méeting by Papers publickly affixed to the Church-doors or set up in the Market-places of the City of New-Sarum and the Towns of Christ-Church and Ringwood Ten days at the least before their Méeting declaring the time and place of their Meeting And also notice in writing being first left at the Dwelling-house of every Party concerned or at their usual place of abode or with some Tenant or Occupier of some House Land or Tenement of such party within fiftéen Miles of the said River Which said Determination Sentence and Decrée set down declared and pronounced by the said Commissioners or any seven or more of them and the Price and Recompence by them limited shall bind all Parties therein concerned in Possession Reversion or Remainder or otherwise and as well Infants Feme Coverts as others and their Heirs in Fée-Simple or in Tail and their Executors Administrators and Assigns and all claiming by from or under him her or them or any of them which Order Sentence and Decrée shall be set down in writing under the Hands and Seals of the said Commissioners or any seven or more of them within six wéeks after the first Resort to them for that cause according to this Act the same to be kept among 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 VVilts 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 And that upon payment of such sum or sums so ordered or agréed upon to the said persons concerned or tender thereof made at his or their Dwelling-house or the house of his or their Tenant of some Tenement house or Land of theirs within fiftéen miles of the said River and if they have no such Dwelling-house Land or Tenement or if upon such tender at their said Dwelling-house or the House Land or Tenement of such Tenant as aforesaid they refuse or are not ready to receive the same That upon payment of the said sum to the Mayor and Commonalty of the City of New-Sarum in the Council-Chamber of the said City
 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