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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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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
the Court-Martial shall think fit 3. All Captains Officers and Seamen shall doe their endeavours to detect apprehend and bring to punishment all Offenders and shall assist the Officers for that purpose on pain of being punished by the Court-Martiall 32. Every one committing the unnatural and detestable sin of Buggery or Sodomy with man or Beast shall suffer death without mercy 33. All Faults Misdemeanors and disorders committed at Sea nor herein mentioned shall be punished according to the Laws and Cuctoms used in such Cases at Sea 34. The Lord High Admiral for the time being shall grant Commissions to inferior Vice Admirals or Commander in Cheif of any Squadron of ships to call Court-Martials consisting of Commanders and Captains and no Court-Martiall for inflicting death shall consist of less then five Captains the Admiralls Lieutenant to be as to this purpose estemed as a Captain and in no case wherein Sentence of Death shall pass by vertue of any of the artiels aforesaid except in ease of Mutiny shall such sentence be executed without the leave of the Lord High Admiral if the offence be committed within the Narrow Seas But if beyond the narrow Seas the offence shall be committed whereupon the Sentence of death shall be given c. then Execution shall not be done but by order of the Commander in chief of that Fleet c. wherein sentence of death was passed 35. The Judge Advocate of any Fleet for the time being shall have power to administer an Oath to any person or witness in order to the Examination or Tryal of any of the offences aforesaid and in his absence the Court-Martiall shall appoint one to administer an Oath as aforsaid 36. That this Act c. shall not extend to give unto the Lord Admiral of England for the time being or to any his Vice-Admiralls c. or to any claiming Admirall-power c. within any the King's Dominions any other power right Jurisdiction c. then he or they or any of them lawfully have or ought to have and enjoy before the making of this Act other then for such of the offences Specified in the severall Articles herein contained as shall he hereafter done upon the main Sea or in ships or Vessels being and hovering in the main stream of Great Rivers only beneath the Bridges of the same Rivers nigh to the sea within the Admiralty Jurisdiction and in none other places whatsoever and committed only by such as shall be in actual service and pay in the King's Fleet or ships of War Present to the King Stat. 13 Car. 2. c. 4. enacted That the King may issue out such and so many several Commissions under his Great Seal of England into the several Counties Cities Towns Corporate and all other places in England and Wales and Berwick upon Tweed directed to such as the King shall think fit for the receiving of such Subscriptions as his Subjects shall voluntarily offer for supply of his Majesties pressing occasions and likewise to issue such other Commissions to such other persons as the Kings shall think fit for Collecting and receiving the moneys so subscribed and the Acquittance of any one of which respective Receivers are immediatly to be made given upon pay so made without any Fee and shall be a discharge for the sum so subscribed And in case such subscriptions shall upon any occasion be returned into the Exchequer or other place the payment thereof shall be likewise returned together with the same 2. Process shall issue out of the Exchequer against any Subscibers but within two years after the passing of this Act. 3. The said Commissioners of the respective Counties and places aforsaid are after the issuing out receipt of the said Commissions to meet at the common place of meeting for each County and place c. and so many of them as shall be present at the said first Generall meetings or the major part of them may sever themselves into Hundreds and other places c. within their limits as they shall think fit and shall from times to time give notice of the respective times and places of their meetings to the end that all persons may resort to them to make such offers or Present to his Majesty as their own hearts shall prompt them to 4. Provided no Peer of this Realm shall in such Offer or Present exceed the sum of 400 li. Nor any person not being a Peer of this Realm exceed the sum of 200 li. 5. That No Commissions to be issued out by Vertue of this Act shall be of sorce as to the receiving of any moneys or Subscriptions for moneys after the 24 of June 1662. 6. It is declared that no Commissions or aids of this nature can be issued out or Leavied but by Authority of Parliament and that this Act and the supply granted shall not be drawn into example for the future Pains Penalties c. on excepted Persons Stat. 13 Car. 2. cap. 15. Reciting the Sense of the Act of Indempnity touching Pains Penalties and Forseitures to be inflicted on such as were the wicked Instruments of that Horrid and execrable Treason the Murder of King Charles the first c. It is enacted That all and every the Manours Messuages Lands Tenements Rents Reversions Remainders Possessions Rights Conditions Interests Offices Fees annuities and all other the Hereditaments Leases for years Chattels real and other things of what nature soever they be of Isaac Ewer Sir John Danvers Sir Thomas Maleverer William Puresoy John Blakiston Sir William Constable Richard Deane Francis Aleyn Peregrin Pelham John Moore John Aldred alia Alured Humphry Edwards Sir Gregory Norton John Venn Thomas Andrews Alderman Anthony Stapley Thomas Horton John Fry Thomas Hammond Sir John Bourchier all deceased William Lord Mounson James Challoner deceased Sir Henry Mildmay Sir James Harrington John Phelps Robert wallop and Sir Arthur Hazlerigge who during his life committed many horrid and traiterous crimes c. which they or any of them or any other to their or any of their uses or in trust c. had the 25 of March in the year of our Lord 1646. or at any time since shall stand and be forfeited to the King his Heirs and succeffors and shall be adjudged to be in the actual and real Possession of the King without any Office c. 2. And also that all and every the Goods Debrs other the Chattels personal whatsoever of the aforesaid persons deceased whereof they or any of them atthe time of their respective deaths or any other in trust for them or any of them stood possessed or interessed in Law or Equity and all the Goods Debrs and other the Chattells personal whatsoever of them the said William Lord Mounson Sir Henry Mildmay Sir James Harrington John Phelps and Robert Wallop whereof upon the Eleventh day of February in the year of our Lord 1659. they or any of them or any other in trust for them or any of them stood possessed