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A39441 An Abridgement of the statutes made in the thirteenth year of the reign of King Charles the Second alphabetically digested under apt titles and heads for the ready finding out of the matter. England and Wales. Laws, etc. 1661 (1661) Wing E860; ESTC R6329 18,777 46

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his Majesties service other then the person so impowred shall upon due conviction of the said offence suffer the punishment contained in the first recited Act. 5. That none of his Majesties said Servants shall be compelled to pay above 1 s. by the night for every Bed that they shall use for themselves nor above 6d for the same for their servants And that in all such houses where any of his Majesties said Servants shall pay for their Diet or for Hay and Provender convenient Lodging shall be provided for themselves and their servants without paying any thing for the same 6. That any two or more Justices of Peace near the Road through which his Majesty is to pass shall immediately after notice in writing from the said Green-cloth and Avenor under their hands and seals set down and appoint such reasonable rates and prices to be pai'd during his Majesties abode there both for Hay Oats and other accommodations for Horses as they shall think meet which Rates the Justices shall cause to be proclaimed one day at the least before his Majestles coming to such place in the Market-Town next to such place and in such other places as they shall think fit to the end that notice may be taken of such prices And if any take above the rates so limited either for Lodging Horse-meat Stable-room or other such accommodations thereof be convicted by confession or Oath of one credible Witness before any one Justice of Peace who is to administer the said Oath every person so offending shall forfeit and pay to the party grieved 40 s. to the leavied by distress by warrant from the said Justice and sale thereof returning the overplus the charge of the distreining being first deducted 7. This Act to continue till the end of the first Session of the next Parliament and no longer Collectors see Treasurers Dear-stealing Killing c. Stat. 13 Car. 2. cap. 10. That if any person or persons shall after the first day of August 1661. unlawfully Course Kill hurt or take away any Red or Fallow-Deer in any Forest Chase c. or other Ground where Deer are or have been usually kept within the Realm of England or Dominion of Wales without the consent of the Owner or person chiefly intrusted with the Custody thereof or shall be aiding or assisting therein and shall be convicted thereof by confession or by the Oath of one credible Witness before a Justice of Peace who is hereby impowred to-administer an Oath to that purpose such person being presented within six months after such offence done shall forfeit for every such offence 20 li to be leavied by distress upon the Goods and Chattels of the Offendor by warrant under the Justices hand before whom such conviction shall be made the one moyety to the Informer the other to the Owner of the Deer and for want of Sufficient distresse the Offender shall be committed to the Howse of Corection for six moneths or to the Common Goale for one whole year without Bail or Mainprise at the Justices discretion and not to be discharged till sufficient security be given for their good behaviour for one whole year next ensuing their inlargement No offendor punished hereby shall incur the penalty of any other Law or statute for the same offence Disorders see Tumults Excise Arrears vested in the King Stat. 13 Car. 2. cap. 13. That all and every Sum and sums of money any waies due or owing from or by any person or persons for or touching the Imposition or Duty called the Excise here o'ore imposed and made payable upon Beer Ale or any other Commodities by any Laws of pretended Laws or Ordinances And all Debts therefore owing whether by Obligation or upon Accompt from the Farmers of Excise or any other person or persons whatsoever or any of their Securities and not pardoned by his Majesties Act of Pardon and Oblivion be and are hereby vested in the King his Heirs and Successors and that his sacred Majesty his Heirs and Successors may from time to time and at all times hereafter have demand sue for and recover the same of all and every person and persons their Heirs Executors and Administrators having Assets who are any way accomptable for the same or any part thereof and from his and their respective Sureties and Securities as if the same Duties of Excise had been lawfully assessed imposed and collected and as if the several pretended Acts Orders and Ordinances assessing and imposing the same had been legall Acts of Parliament and had in express words given and granted all every the said Duries unto his Majesty and as if the Obligations and Recognizances entered into by the respective Sureties and Securities had been taken in his Majesties name 2. That all persons accomptable by virtue of this Act shall have all such due allowance in their Accompts as all such persons whose Accompts are excepted in the Act of Pardon Indempnity and Oblivion are or ought to have 3. No person shall be questioned or molested for any of the Duties herein or hereby vested in the King except he shall be sued or prosecuted with effect before the 25 of December 1662. 4. That all persons Accomptable hereby are hereby enabled to sue for leavy and recover from any person who stands indebted unto them in any Sum of money for the Duty of Excise for which they are hereby accomptable all Sums of money and arrears unsatisfied in as full manner as they might have received and levied the same when they first grew due Free Present see Present Forfeitures to the King see Pains and Penalties Holy Orders Stat. 13 Car. 2. c. 2. Whereas an Act was made by the Parliament begun at Westminster the 3 of Nov. in the 16 Caroli 1. entituled An Act for disinabling all persons in Holy Orders to exercise any Temporal Jurisdiction or Authority Which Act hath made several Alterations prejudicial to the Constitution and antient Rights of Parliament and contrary to the Laws of this Land and is by experience found otherwise inconvenient It is Enacted that the said Act and every Clause matter and thing therein contained shall be and is hereby from henceforth repealed and made void to all intents and purposes The King's Person and Government see Treason Militia Stat. 13 Car. 2. cap. 6. A Recitation being made that it is and ever was by the Laws of England the undoubted Right of his Majestie his Royall Predecessors Kings Queens of England to have the sole Supreme Government Command and Disposition of the Militia and of all Forces by Sea and Land and of all Forts and places of strength 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 leavy any War offensive or defensive against his Majesty his Heirs or lawfull Successors and yet the contrary hath of late been practised almost to the ruine of the Kingdome And whereas during the late
herein particularly mentioned expressed are hereby ratified and confirmed That is to say 1. One Act entituled An Act for the Encouraging and increasing of Shipping Navigation 2. An Act for Prohibiting the Exportation of Wool Wool-fels Fullers-Earth or any kind of Scouring Earth 3. An Act impowring the Master of the Rolls for the time being for to make Leases for years in order to new build the old Houses belonging to the Rolls 4. An Act for prohibiting the Planting setting or Sowing of Tobacco in England and Ireland 5. An Act for restraining the taking of Excessive Usury 6. An Act for the present nominating of Commissioners of Sewers 7. An Act for the incorporating of the Master and Wardens of the Company of Haberdashers London to be Governours of the Free-School and Alms-howses in Newport in the County of Salop of the foundation of William Adams and for setling of lands and Possessions on them for Maintenance thereof and other Charitable uses And all and every the clauses sentences and Articles in them and every of them conteyned shall be and are hereby ratified and confirmed and Enacted and declared to have the full force and strength of Acts of Parliament Causes Ecclesiastical Stat. 13. Car. 2. cap. 12. Reciting An Act of the 17. Car. 1. Entituled An Act for Repeal of a Branch of a statute Primo Eliz. concerning Commissioners for causes Ecclesiasticall whereby the Ordinary course of Justice in Causes Ecclesiasticall hath been obstructed Enacteth that neither the said Act nor any thing therein contained doth or shall take away any ordinary Power or Authority from any Arch-Bishop Bishops or any other person or persons c. but that they and every of them exercising Ecclesiasticall Jurisdiction may proceed determine Sentence and excercise all manner of Ecclesiasticall Jurisdiction and all Consures and Coercions appertaining and belonging to the same before the making of the Act before recited in all causes and matters belonging to Ecclesiasticall Jurisdiction according to the Kings Majecty's Ecclesiastical Laws used and practised in this Realm in as ample manner and form as they did and might lawfully have done before the making of the said Act. 2. That the afore recited Act 17 Car. 1. and all the matters and Clauses therein conteyned Excepting what concerns the High Commission Court or the New Erection of some such like Court by Commission shall be and is hereby repealed to all intents and purposes whatsoever 3. Provided that this Act shall not extend to revive or give force to the said Branch of the said Statute made in the First year of the Reign of the said late Queen Elizabeth mentioned in the said Act of Parliament made in the 17 year of the Reign of the said King Charles but that said Branch shall stand and be repealed in such sort as if this Act had never been made 4. That it shall not be lawfull for any Arch-bishop Bishop Vicar-Generall c. or any other person having or exercising Spiritual or Ecclesiastical Jurisdiction to tender or administer unto any person whatsoever the Oath called the Oath Ex Officio or any other Oath whereby such person to whom the same is tendered or administred may be charged or compelled to confess or accuse or to purge him or herselfe of any criminall matter or thing whereby he or she may be liable to any censure or punishment 5. That This Act shall not extend to give unto any Arch-Bishop Bishop or any other Spiritual or Ecclesiasticall Judge Officer c. any Power or Authority to exercise execute inflict or determine any Ecclesiastical Jurisdiction Censure or Coercion with they might not by Law have done before the year of our Lord 1639. Nor to abridge or diminish the Kings Supremacy in Ecclesiasticall matters and affairs Nor to confirm the Canons made in the year 1640. nor any of them nor any other Ecclesiastieal Laws or Canons not formerly confirmed allowed or enacted by Parliament or by the established Laws of the Land as they stood in the year of our Lord 1639. Carriages c. for the King Stat. 13 Car. 2 cap. 8. Reciting the Act made in the 12 year of his Majesties Reign entituled An Act for taking away the Court of Wards and Liveries Purveyance c. and mentioning some great incoveniences which may insue to his Majesty thereupon in respect of his Majesties Royal Progresses and Remonvals It is Enacted That the Clerk or chief Officer of his Majesties Carriages shall three daies at least before his Majesties arrivial by Warrant from the Green cloth give notice in writing to two or more Justices of the Peace next adjoining to provide such a number of Carts and Carriages from the places next adjacent as his Majesty shall have present use of expressing the certainty of that number as also the time and place when and where the said Carts and Carriages are to attend which Carriages shall consist of four able Horses or six Oxen or four Oxen and two Horses for each of which Cart or Carriage the respective Owners shall receive 6d for each mile they shall goe laden and in case of refusal to provide and furnish his Majesty that now is or his Queen that shall be or his or her Houshold in their Progress or Removals with such sufficient and necessary Carriages for ready moneys tendred to them or shall without just and reasonable cause refuse to make their appearance with such sufficient Carts and Carriages as are before exprest That then upon due proof and conviction of such neglect and refusal by the Oath of the Constable or other Officer or two other credible Witnesses before the said Justices of the County or Major or other chief Officer of the City or Corporation where he or they in habit which Oath they shall have power to administer the party shall for such his refusall and neglect forfeit the sum of Forty shillings to the King's use to be sorthwith leavied by distress and sale of his goods and chattels rendring the overplus by warrant from the said Justices Major or other Officer 2. No Horses Oxen Cart or Wain shall be enforced to travel above one daies journey from the place where they receive their loading and that ready payment shall be made in hand for the said Carriages at the place of lading without delay according to the aforesaid rates 3. If any Justice of the Peace Major chief Officer or Constable shall take any gift or reward to spare any person from making such Carriage or shall injuriously charge any through envy c. who ought not to make such Carriage or shall Impress more Carriages then shall be diceted from the Green-cloth that then upon due proof and conviction thereof the party so offending shall forfeit 10 li. to the party grieved or any who shall sue for the same by Action of debt c. wherein no Protection Essoyn or Wager of Law shall be allowed 4. Any person presuming to Impress any Horses Oxen Cart Wain or Carriages for
Usurpation many rebellious Principles have been distilled into the minds of the People which unless prevented may break forth into disturbance And whereas an Act for exercising the Militia with most safety and ease to the King and people is under consideration which cannot as yet be perfected It is enacted That the Militia and Land-Forces of this Kingdome and Dominions c. now under the power of Lieutenants or their Deputies shall be exercised ordered and managed untill the 25 of March 1662 in such manner as the same now is actually exercised ordered and managed according to such Commissions and Instructions as they formerly had or from time to time shall receive from his Majesty 2. That whereas since the 24 of June 1660. there have been Insurrections by occasion whereof divers have been murthered and for the security of the Nation divers have been assaulted arrested deteined or imprisoned and divers Arms have been seized and houses searched c. It is enacted that all persons who have or shall have acted or done any thing in execution of any Commission or Commissions of Lieutenancy issued by the King 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 3. And also all magistrares Justices of the Peace Officers and Ministers of Justice and all that have or shall have acted by or under them or by their or any of their Commands since the said 24 of June 1660. untill the 20 of July 1661. as to any assaulting arresting detaining or imprisoning any suspected Phanatick Sectary or disturber of the Peace or seizing of Arms or searching of Houses for Arms or for suspected perssons shall be and are hereby saved harmless and indempnified 4. That this Act shall not after the 20 of March 1661. be prejudicial to any County City or place within this Kingdome which are overcharged with men Arms beyond their Antient proportion 5. That this Act shall not extend to the giving of any power for the transporting of any Subjects of this Realm or any way compelling them to march out of this Kingdome otherwise then by the Laws of England ought to be done 6. That no person be capable of acting as Lieutenant or Deputy Leiutenant or other Officer or Souldier by vertue of this Act who hath not taken the Oaths of Allegiance and Supremacy since his Majesties return untill he shall take the same which Oaths any 6 of the Lord of the Council are to administer to any Peer who shall be Commissionated c. and any two of the Deputy Lieutenants in their respective Counties to any Commoner Moneys Goods c. vested in the King Stat. 13. Car. 2. cap. 3. That all sums of money Goods Plate Jewells Horses Arms Ammunition and other things whatsoever leavied received or taken since the 30 of January 1642. by any of the late pretended Authorities or by pretence or colour from them or any of them for any publick use not pardoned by the Act of Oblivion made at the Parliament begun at Westminster the 25 of April in the 12 year of His Majesties reign wich are not otherwise vested and setled in the King And all Bonds Obligations and other Securities entred into for the same or any part thereof be and are hereby vested and setled in the King his Heirs and Successors who may from time to time and at all times hereafter have demand sue for and recover the same of all persons their HeiRs Executors and Administrators who are accomptable for the same or in whose hands or possessions soever the same were or are as if the same had been leavied received collected or taken in the King's name by his Authority or to his use 2. That all persons who have received any the aforesaid sums of money from any Treasurer or Receiver for any publick use by way of Imprest to be accounted for not pardoned as aforesaid shall be liable to Account called to account in such manner as if they had received the same of the Exchequer or other Publick Treasury and particularly those who have received or collected the Revenues of any Churches or Vicatidges in Wales or in the County of Monmouth since the year 1648. 3. Provided they all have due allowances in their accounts as all whose accounts are excepted in the Act of Oblivion ought to have 4. That the King his Heirs and Successons shall and may issue out Commissions as shall be thought fit either under the Great Seal or Seal of the Exchequer for the Discovering Leavying receiving and discharging the same 5. That all persons accountable hereby are enabled to sue for leavy and recover from the parties from whom the same was is due and for which they are hereby accomptable all sume of money and Arears in such manner and form as they might have recovered and leavyed the same when they first grew due 6. That no man shall be called to account or questioned for any Goods or other things in his hands which shall not be called to account or some Information against him in the Exchequer or to Commissioners to be appointed as aforesaid before the 24 of June 1662. and such information prosecuted with effect within Twelve moneths after the Exhibition thereof Navy-Orders Stat. 13. Car. 2. cap. 9. All Officers at Sea shall cause the Publick worship of 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 Chaplains in Holy Orders of the respective ships be diligently performed and that the Lords day be observed according to Law 2. Every Person in the Kings pay using unlawfull and rash Oaths Cursings Execrations Drunkenness Uncleanness or other scandalous Actions shall be punished as the Court-Martial shall think fit 3. It shall be Death to every Person in the Fleet who shall give hold or entertain Intellgence to or with any King c. being enemy to or any persons in Rebellion against the King his Heirs and Succeflors without the Kings leave or the leave of the Lord High Admirall Vice Admiral or Commander in Cheif of any Squadron 4. Every person in the Fleet who shall receive any Letter or Message from any King Potentate c. being enemy to the King c. or on their behalf and doe not within twelve hours after having an opportunity so to do acquaint the superior Commander with it Or if a Superior officer or Matiner being acquainted therewith or himself in his own person receiving a Letter of Message from any such enemy or Rebel and shall not in convenient time reveal the same to the Admiral Viceadmirall or the Commander of the Squadron such person shall suffer Death or other punishment as the Court-Martiall shall think fit 5. No Person in the Fleet shall releive any Enemy or Rebell in Time of War with any