any thing contrary to the purport true intent and meaning of this Law Then he or they shall for such offence forfeit the sum of Five hundred pounds of lawful Money of England unto any party grieved his Executors or Administrators who shall really prosecute for the same and first obtain Iudgment thereupon to be recovered in any Court of Record at Westminster by Action of Debt Bill Plaint or Information wherein no Essoin Protection Wager of Law Aid-Prayer Priviledg Injunction or Order of restraint shall be in any wise prayed granted or allowed nor any more then one Imparlance And if any person against whom any such Iudgment or Recovery shall be had as aforesaid shall after such Iudgment or Recovery offend again in the same then he Second offence or they for such offence shall forfeit the sum of One thousand pounds of lawful money of England unto any party grieved his Executors or Administrators who shall really prosecute for the same and first obtain Iudgment thereupon to be recovered in any Court of Record at Westminster by Action of Debt Bill Plaint or Information in which no Essoin Protection Wager of Law Aid-Prayer Priviledg Iniunction or Order of Restraint shall be in any wise prayed granted or allowed nor any more then one Imparlance And if any person against whom any such second Iudgment or Recovery shall be had as aforesaid shall after such Iudgment Third offence or recovery offend again in the same kind and shall be thereof duly convicted by Indictment Information or any other lawful way or means that such person so convicted shall be from thenceforth disabled and become by vertue of this Act incapable Ipso facto to bear his and their said Office and Offices respectively and shall be likewise disabled to make any Gift Grant Conveyance or other disposition of any of his Lands Tenements Hereditaments Goods or Chattels or to take any benefit of any Gift Conveyance or Legacy to his own use And every person so offending shall likewise forfeit and lose unto the party grieved Treble damages to the party grieved by any thing done contrary to the true intent and meaning of this Law his treble damages which he shall sustain and be put unto by means or occasion of any such Act or thing done the same to be recovered in any of his Majesties Courts of Record at Westminster by Action of Debt Bill Plaint or Information wherein no Essoin Protection Wager of Law Aid-Prayer Priviledg Injunction or Order of Restraint shall be in any wise Prayed Granted or Allowed nor any more then one Imparlance Every person committed contrary to this Act shall have an Habea◠Corpus And be it also provided and Enacted That if any person shall hereafter be committed restrained of his Liberty or suffer imprisonment by the Order or Decrée of any such Court of Star-Chamber or other Court aforesaid now or at any time hereafter having or pretending to have the same or like Iurisdiction power or authority to commit or imprison as aforesaid Or by the command or Warrant of the Kings Maiesty his Heirs or Successors in their own Person or by the command or Warrant of the Councel-board or of any of the Lords or others of his Majesties Privy Councel That in every such case every person so committed restrained of his liberty or suffering imprisonment upon demand or motion made by his Counsel or other imployed by him for that purpose unto the Iudges of the Court of Kings Bench or Common Pleas in open Court shall without delay upon any pretence whatsoever for the ordinary Fées usually paid for the same have forthwith granted unto him a Writ of Habeas Corpus to be directed generally unto all and every Sheriffs Gaoler Minister Officer or other person in whose custody the party committed or restrained shall be and the Sheriffs Gaoler Minister Officer or other person in whose custody the party so committed or restrained shall be shall at the return of the said Writ and according to the command thereof upon due and convenient notice thereof given unto him at the charge of the party who requireth or procureth such Writ and upon security by his own bond given to pay the charge of carrying back the prisoner if he shall be remanded by the Court to which he shall be brought as in like cases hath béen used such charges of bringing up and carrying back the prisoner to be alwayes ordered by the Court if any difference shall arise thereabout bring or cause to be brought the body of the said party so committed or restrained unto and before the Iudges or Iustices of the said Court from whence the same Writ shall issue in open Court and shall then likewise certify the true cause of such his detainer or imprisonment and thereupon the Court within thrée Court-dayes after such return made and delivered in open Court shall procéed to examine and determine whether the cause of such commitment appearing upon the said return be iust and legal or not and shall thereupon do what to Iustice shall appertain either by delivering bailing or remanding the prisoner And if any thing shall be otherwise wilfully done or omitted to be done by any Iudg Iustice Officer or other person aforementioned contrary to the direction and true meaning hereof That then such person so offending shall forfeit to the party grieved Treble damages in default his treble damages to be recovered by such means and in such manner as is formerly in this Act limited and appointed for the like penalty to be sued for and recovered To what Courts this Act shall extend Provided alwayes and be it Enacted That this Act and the several clauses therein contained shall be taken and expounded to extend only to the Court of Star-Chamber and to the said Courts holden before the President and Councel in the Marches of Wales and before the President and Councel in the Northern parts and also to the Court commonly called the Court of the Dutchy of Lancaster holden before the Chancellor and Councel of that Court And also in the Court of Exchequer of the County Palatine of Chester held before the Chamberlain and Councel of that Court And to all Courts of like Iurisdiction to be hereafter erected ordained constituted or appointed as aforesaid And to the Warrants and directions of the Councel-boards and to the commitments restraints and imprisonments of any person or persons made commanded or awarded by the Kings Majesty his Heirs or Successors in their own person or by the Lords and others of the Privy Councel and every one of them Offenders of this Act shall be impleaded within two years after any offence And lastly provided and be it Enacted That no person or persons shall be sued impleaded molested or troubled for any offence against this present Act unless the party supposed to have so offended shall be sued or impleaded for the same within two years at the most after such
obstinate and incorrigible For remedy whereof Be it Enacted by the Authority of this present Parliament That if any person or persons He that keeps an Alehouse c. without license shall forfeit 20. s after forty days next ensuing the end of this present Session of Parliament shall upon his own authority not being thereunto lawfully licensed take upon him or them to kéep a common Alehouse or Tippling house or use commonly selling of Ale Béer Syder or Perry That then every such person or persons shall for every such Offence forfeit and lose the sum of twenty shillings of currant money of England to the use of the poor of the Parish where such offence shall be committed The same offence being viewed and séen by any Mayor Bailiff or Iustice of Peace or other head Officer within the several limits or confessed by the party so offending or proved by the oath of two witnesses to be taken before any Mayor Bailiff or other head Officer or any one or more Iustice or Iustices of the Peace The Constables or Church-wardens shall levy the said forf to the use of the Poor who by vertue of this Act shall be authorised to minister the said oath to any person or persons that can or will justifie the same being within the limits of their said Commission The said penalty to be levyed by the Constables or Church-wardens of the parish or parishes where the said offence shall be committed Who shall be accountable therefore to the use of the poor of the said parish by way of distress to be taken and detained by warrant or precept from the said Mayor Bailiff Iustice or Iustices or other head Officer by whom the said offence shall be viewed or before whom the same shall be confessed or proved as aforesaid and for default of satisfaction within thrée daies next ensuing The party that is not able to pay the forf shall be whipped the said distress to be by the said Constables or Church-wardens apprised and sold and the overplus to be delivered to the party or parties offending and this to be only for the first offence And if such offender or offenders shall not have sufficient Goods and Chattels whereby the said twenty shillings may be levyed by way of distress as aforesaid or shall not pay the said sum of twenty shillings within six daies after such conviction as aforesaid That then the said Mayor Bailiff Iustice or Iustices or other head Officer before whom the said Offender shall be convicted as aforesaid shall commit all and every the said offender or offenders to some Constable or Constables or other inferiour Officer or Officers of the City Borough Town Parish or Hamlet where the offence shall be committed or the party apprehended to be openly whipped for the said offence as the said Iustice or Iustices shall limit or appoint And be it Enacted by the authority aforesaid The officer neglecting to punish the offender shall be imprisoned or pay ten shillings That if any Constable or inferiour Officer shall neglect to execute the said precept or warrant or do refuse or do not execute by himself or some other to be by him appointed upon the offender the punishment limited by this Statute that in that case it shall and may be lawful for the said Mayor Bailiff Iustice or Iustices of Peace or other head Officer to commit the Constable or other inferiour Officer so refusing or not executing the said punishment by himself or some other to the common Gaol of the said County City or Town corporate there to remain without bail or mainprise untill the said Offender or Offenders shall be by the said Constable or Constables or other inferiour Officer so refusing or not executing the said punishment or some by his or their procurement punished and whipped as is above limited and declared or untill he or they so neglecting or refusing shall have paid the sum of forty shillings of lawful money of England unto the use of the poor of the parish for their said contempt And be it further Enacted For the second and third offence the offender shall be committed to the house of correction that if the said Offender or Offenders being an unlicensed Alehouse-keeper shall offend in any of the premisses the second time and be thereof lawfully convicted in manner and forme aforesaid That then the said Mayor Bailiff Iustice or Iustices of the Peace or other head Officer shall commit him her or them unto the house of Correction there to remain for the space of one moneth and be dealt withall as idle lewd and disorderly persons And if such Person or Persons shall again offend and shall be thereof convicted as aforesaid that then the said offender and offenders for every such offence shall be committed unto the said house of Correction as aforesaid there to remain until by the order of the Iustices in their general Sessions for the County City Borough or Franchise he she or they shall be delivered from thence Provided alwayes that such offender or offenders as shall be punished by vertue of this act The offender punished by this act shall not be again punished by 5 6 Ed. 6. 25. contra Alehouses kept in the time of Fairs excepted shall not be punished again for the same offence by the former Act made in the fifth year of King Edward the sixth aforementioned And that such offender or offenders as shall be punished by vertue of the before mentioned Act made in the fifth year of King Edward the sixth shall not be punished again for the same offence by vertue of this present Act nor any thing therein contained Provided alwayes That in such Towns and places where any Fair or Fairs shall be kept that for the time only of the same Fair or Fairs it shall be lawful for every person or persons to use common selling of Ale or Béer in Booths or other places there for the relief of the Kings Subjects that shall repair unto the same in such like manner and sort as hath béen used and done in times past this Act or any thing therein contained to the contrary notwithstanding St. 11 H. 7. 2. 1 Jac. 9. 4 Jac. 10. 21 Jac. 7. 1 Car. 4. CAP. IV. Divers Statutes made perpetual others continued and some others repealed 1 El. 17. When Corn may be transported c. BE it Enacted by the authority of this present Parliament That one Act made in the first year of the reign of the late Quéen Elizabeth intituled An Act for the preservation of spawn and fry of fish except the proviso in the said Act mentioned that the same Act shall not extend to the Rivers of Twéed nor Waters or Rivers whereof the Quéen was answered of any yearly rent or profit nor to Farmers Owners or Occupiers of the Rivers of Wye Vske 13 El. 20. and other Rivers in the said proviso mentioned or contained One Act made in the thirteenth year
by which the Meets Meers Limits or Bounds of the said Forrests or any of them are or are pretended to be further extended then as aforesaid And also all and every Presentment of any person or persons at any Iustice seat Swainemote or Court of Attachments for or by reason or by colour of any Act or Acts whatsoever done or committed in any place without or beyond the said Méets Méers Limits or Bounds respectively so commonly known reputed used or taken as aforesaid and all and every Fine and Fines and amerciament and amerciaments upon by reason or colour of any such Presentment or Presentments shall from henceforth be adjudged déemed and taken to be utterly void and of no force or effect any Law Statute Record or pretence whatsoever to the contrary notwithstanding And be it further Enacted by the Authority aforesaid No place where no Iustice seat Swainemote cour◠or attachment c. hath been within 〈◊〉 yeares shall be accompted Forrest That no place or places within this Realm of England or Dominion of Wales where no such Iustice seat Swainemote or Court of Attachment have been held or kept or where no Verderers have been chosen or regard made within the space of sixty years next before the first year of his Majesties Reign that now is shall be at any time hereafter judged déemed or taken to be Forrest or within the Bounds or Meets of the Forrests But the same shall be from thenceforth for ever hereafter De-afforrested and freed and exempted from the Forrests Laws Any Iustice-seat Swainemote or Court of Attachment held or kept within or for any such place or places at any time or times since the beginning of His Majesties said Reign or any presentment enquiry Act or thing heretofore made or hereafter to be made or done to the contrary notwithstanding Provided also and be it further Enacted by the Authority aforesaid For ascertaining of Meets c. Commissions shall be issued That for the better putting into certainty all and every the Meets Meers Bounds and Limits of all and every the Forrests as aforesaid The Lord-Chancellour or Lord-Keeper of the Great Seal of England for the time being shall by vertue of this Act upon request of any of the Peers of this Kingdome or of the Knights and Burgesses of the Parliament or any of them grant severall Commissions under the Great Seal of England to Commissioners to be nominated respectively by the said Péers Knights and Burgesses or any of them to enquire of and find out by Inquests of good and lawful men upon Oath and by the Oaths of Witnesses to be produced at the said Inquests and by all other lawful means all and every the Méers Méets Bounds and Limits of the Forrests respectively which were commonly known to be their Méers Meets Bounds and Limits respectively in the said twentieth year of the Reign of our late Soveraign Lord King James And to return the Inquests so taken into the Court of Chancery and that all and every the Sheriffs and Bailiffs of and in every County wherein any such Inquests shall be so to be taken And all and every the Verderers Forresters Rangers and other Officers of the Forrests respectively where any such Officers be shall be assistant and attendant to the execution of the said Commissions according as by vertue of the said Commissions respectively they shall be commanded And where no such Officers are or where such Officers be if they or any of them shall refuse or neglect such assistance and attendance as aforesaid Then the said Commissioners shall and may procéed without them in the execution of the said Commissions Forrests shall not extend beyond the meets c. so returned And be it further Enacted by the Authority aforesaid That the Forrests whereof the Méets Méers Limits and Bounds be so returned and certified by vertue of any the said Commissions as aforesaid from thenceforth shall not extend nor be extended nor be déemed adjudged or taken to extend any further in any wise then the Méets Méers Limits and Bounds that shall be so returned and certified And that all the places and Territories that shall be without the Méets Méers Limits and Bounds so returned and certified shall be and are hereby declared to be from thenceforth free to all intents and purposes as if the same had never béen Forrest or so reputed Any Act or Acts matter or thing whatsoever to the contrary thereof notwithstanding Grounds deafforrested shall be excluded Provided and be it further Enacted by Authority aforesaid That all and every the grounds Territories or places which have béen or are De-afforrested or mentioned to be De-afforrested in or by any Letters Patents Charters or otherwise since the said twentieth year of the Reign of our said late Soveraign Lord King James shall be excluded and left out of the Méets Méers Limits and Bounds of the Forrests which are to be enquired of returned and certified by vertue of the said Commissions or any of them respectively And shall be and hereby are declared and Enacted to be utterly De-afforrested frée and exempt to all intents and purposes as if the same had never béen at all Forrest or so reputed Any thing in this present Act contained or any other Act matter or thing whatsoever to the contrary in any wise notwithstanding Tenants Owners c. of lands excluded shall enjoy their ancient commission c. Provided nevertheless and be it Enacted That the Tenants Owners and Occupiers and every of them of Lands and Tenements which shall be excluded and left out of the Méets Méers Limits or Bounds of the Forrests to be returned and certified by vertue of any the said Commissions shall or may use and enjoy such Common and other profits and easements within the Forrest as anciently or accustomably they have used and enjoyed Any thing in this present Act contained or any Act or Ordinance made in the thrée and thirtieth year of King Edward the first or any Custome or Law of the Forrest or any other matter or thing to the contrary thereof notwithstanding CAP. XVII Scotland A confirmation of the Treaty of Pacification between England and Scotland with the Commissions and Articles thereupon EXP. CAP. XVIII For securing by publick Faith the remainder of the friendly assistance and relief promised to those of Scotland Scotland EXP. CAP. XIX The Office of Clerk the Market allowed and regulated for the reformation of Weights and Measures Grievances by Clerks of the Market and anequality in weights and measures FOrasmuch as the undue execution of the Office of Clerk of the Market hath béen very grievous unto divers of his Majesties most loving Subjects who have béen much troubled by unnecessary Summons and charged with exactions of divers sums of Money by colour of the said Office and in regard the said evils have partly arisen by means of an inequality of Weights and Measures throughout this Kingdom◠and by granting
and their heirs shall accompt for and be responsible for all Rents and Profits of the premisses which came to their hands and have not béen by the said Trustées or their Order disbursed disposed or imployed for the maintenance of Ministers or other uses according to the said pretended Act or Ordinance or some other Act Order or Ordinance made in the year of our Lord one thousand six hundred fifty one thousand six hundred fifty four and one thousand six hundred fifty six by any assembly called or reputed a Parliament or assuming the power of a Parliament according to the intention of such Act Acts or Ordinances And the Agents and Receivers under the Order of the said Trustées and the Occupiers and Tenants of the Premisses who have taken the premisses or profits thereof into their hands without agréement to pay Rent therefore and have made no accompt or satisfaction to the Trustes aforesaid or to some other by their Order and also the persons who have held the same or taken the profits thereof under any agréement to pay Rent or Money for the same and have not paid the same shall respectively accompt pay and make satisfaction for so much of the premisses and profits of the premisses as are unsatisfied or unaccounted for as aforesaid and pay such Arrearages of Rents or Money as by such agréement remaineth unpaid by them all which payments and accompts shall be made to such persons and in such manner as in Parliament shall be directed Nevertheless it is not hereby intended that any Minister Schoolmaster or other person for whose benefit and maintenance the said pretended Acts or Ordinances were made shall be accomptable or lyable to make satisfaction for any Profits Rents or Sums of money paid to or taken by them respectively by vertue or colour of any Order or Appointment of the said Trustées or any of them or otherwise Bonds taken in his Majesties name before May 1642. for securities of any his Majesties Receivers not pardoned c. Provided also That this Act do not extend to pardon any Bond taken in his late Majesties Name before the month of May one thousand six hundred forty two for securing the proper Debt of any Servant or Receiver of the Revenue of his said late Majesty that hath not béen paid to or by order of some Lawful or Pretended authority And whereas by an Order of the Six and twentieth day of May in the year One thausand six hundred forty one the then House of Commons in Parliament did accept the sum of One hundred and fifty thousand pounds as a Composition from the Farmers of several Customs voted to be illegally taken and some of the said Farmers did procure and pay the said whole sum of One hundred and fifty thousand pounds at the desire of the said House of Commons and upon their Declaration That such of the said Farmers as did not pay their Proportions should not be pardoned but proceeded against and out of their Fines satisfaction should be made to those who had paid the said One hundred and fifty thousand pounds and in pursuance thereof did on the First of June then next following Resolve That the Estates of such persons living or dead as have by colour of any Patent received monies from the Subject under pretence of such Customs or have béen under-Sharers with the Patentées ought to be made liable to restitution Payments upon proportions of 150000 l. upon the customes It is therefore Provided That this Act shall not extend nor be construed to extend to Pardon or Indempnifie any person or persons their Heirs Executors Administrators or Assigns who have not paid their Proportions of the said One hundred and fifty thousand pounds or ought to have béen contributory thereunto from or against misdemeanors or offences relating to the said Customes or from payment of their Proportions But that the Estates of the dead as well as of the living of such who ought to have béen contributory in whose possession soever Purchasers Bona fide and upon valuable Considerations only excepted shall Continue and be charged and chargeable with the payment of their Proportions to all intents and purposes as if this Act had not béen made any thing herein contained to the contrary notwithstanding Provided also That this Act or any thing therein contained shall not extend or be construed to pardon or discharge any sum or sums of money due and Arrear for Excise of Béer Ale Arrears of Excise upon Beer and Ale or other Native or Inland Commodity since the twenty fourth day of June One thousand six hundred fifty and nine Provided also That nothing in this Act contained shall extend to the pardoning Monies due for free quarter or discharging of any sum or sums of money due from any Officers or Souldiers to any of the Subjects of this Kingdom for frée-quarter since the second day of July One thousand six hundred fifty and nine or to discharge any monies borrowed by any Officers for preventing of frée-quarter Provided alwayes And be it Enacted by the Authority aforesaid That no Conveyance Purchasers bona fide of Lands other then the Kings c. to enjoy their purchases Assurance Grant Bargain Sale Charge Lease Assignment of Lease Grants and Surrenders by Copy of Court-Roll Estate Interest Trust or Limitation of any Vse or Vses of any Manors Lands Tenements or Hereditaments not being the Lands nor Hereditaments of the late King Quéen Prince or of any Archbishops Bishops Deans Deans or Chapters nor being Lands or Hereditaments sold or given or appointed to be sold or given for the Delinquency or pretended delinquency of any person or persons whatsoever by vertue or pretext of any Act Order or Ordinance or reputed Act Order or Ordinance since the first day of January One thousand six hundred forty and one Nor any Statute Iudgment or Recognizance had made acknowledged or suffered to any person or persons Bodies Politick or Corporate before the Nine and twentieth day of September One thousand six hundred fifty and Nine By any of the persons before in this Act by name excepted or their Heirs or by any other person or persons claiming by from or under them or any of them other then the Wife or Wifes child children heir and heirs of such person and persons or any of them for money bona fide to them or any of them paid or lent nor any conveyance assurance grant or estate made before the Five and twentieth day of April One thousand six hundred and sixty By any person or persons to any such person excepted by Name as aforesaid in trust and for the benefit of any other person or persons Bodies Politick or Corporate not excepted by name as aforesaid shall be impeached defeated made void or frustrated hereby or by the attainder or conviction of any such excepted person or persons but that the same shall be held and enjoyed by the Purchasers Grantées Lessées Assigns Cestuy
the said Isles of Jersey and Guernsey or either of them or to any such wooll to be shipped or loaden aboard in any ship or other vessel by or for the only use or behoof of any the Inhabitants of the said Isles of Jersey or Guernsey or either of them in the Port aforesaid to be exported and transported into the said Isles of Jersey or Guernsey or either of them so as such person and persons that shall so ship or lay aboard such wool into any ship or other Vessel do before the shipping or laying aboard such wool deliver unto the Customer Comptroller Surveyor or Searcher of the Port of Southampton aforesaid out of which the same wooll is to be exported a writing under the Seal or Seals of the respective Governors of the same Isles of Jersey and Guernsey unto which the said wooll is to be transported or of his or their Deputy or Deputies respectively the which writing shall purport and express that the party named in such writing is authorised and appointed to export or to cause to be exported out of the Port aforesaid so much wooll expressing the number of the Tods to the same Isle to be used or manufactured in one of the same Isles or in some of the members or parts of the same and that such party so authorised and appointed to export or cause to be exported that wooll hath before the making and sealing of that writing entred into sufficient Bond to his Majesties use for the landing of the said wooll in that Isle And to the intent that the quantity of wooll to be exported out of the Port of Southampton aforesaid into the said Isles or either of them in any one year accompting the year to begin from the first day of January next ensuing and so yearly from the first day of January may not excéed the quantity hereunder specified that is to say unto the Isle of Jersey Two thousand Tods and no more of unkeamed wooll and unto Guernsey Alderney Sarke One thousand Tods and no more of unkeamed wooll and unto Alderney Two hundred Tods and no more of unkeamed wooll and unto Sarke One hundred Tods of unkeamed wooll and no more every Tod not excéeding thirty two pounds And be it Enacted by the authority aforesaid That the Governor of the said Isle of Jersey or his Deputy for whom he will answer shall not make to any Person or Persons any writing or writings such as is above specified to authorise or appoint such Person or Persons as aforesaid to fetch export or transport out of the Port of Southampton aforesaid unto the said Isle of Jersey in one year accompting the year from the first day of January One thousand six hundred and sixty aforesaid any greater quantity of wooll then Two thousand Tods in any one year and that the Governor of the said Isle of Guernsey or his Deputy for whom he will answer shall not make to any Person or Persons any writing or writings such as is above specified to authorize and appoint such person or persons as aforesaid to fetch export or transport out of the Port above specified unto the said Isles of Guernsey with Alderney and Sarke in any one year accompting the year from the first day of January aforesaid any greater quantity of wooll then one thousand Tods for Guernsey Two hundred Tods for Alderney and one hundred Tods for Sarke in any one year and that the Customer of the Port of Southampton aforesaid shall kéep a true accompt of all the said quantity of Woolls so by him permitted to be loaden by vertue of this Act and shall not permit any greater quantity of Woolls to be loaden then by this Act is prescribed in any one year to either of the said Islands respectively under any pretence whatsoever upon the penalty of the forfeiture of his place and the sum of One hundred pounds in money one moyety whereof to the Kings Majesty His Heirs and Successors and the other moyety to him or them that will sue for the same in any Court of Record wherein no Essoign Protection or Wager of Law shall be allowed And if any of the Governors aforesaid or any of their or either of their Deputy or Deputies of the said Isles or either of them shall give grant or make any Licence or Licences for exporting from Southampton aforesaid into the said Isles respectively of any greater quantity of such Wooll then is before by the true meaning of this Act limited and appointed in that behalf That then the respective Governor or Governors of such of the said Isles shall forfeit and pay to Kings Majesty His Heirs or Successors the sum of Twenty pounds of lawful money of England for every Tod of Wooll which shall be so licensed to be exported over and above the rate or porportion of Wooll in and by this Act or the true meaning thereof limited or appointed And be it further Enacted by the Authority aforesaid That the respective Governors aforesaid or their respective Deputies or any their Clerks Officers or Servants for the granting making or sealing of every such writing of Licence as is aforesaid and for the entring a Remembrance of the same into some Book which they shall have and kéep for that purpose may have and take the sum of Twelve pence and no more upon pain of forfeiting to the party grieved the sum of Five shillings for every penny which shall be taken over and above the said sum of twelve pence in and by this Act allowed to be taken and so after that proportion the said penalty or Forfeiture for the taking above Twelve pence as aforesaid to be recovered by Bill Plaint or Information in any Court of Record at Westminster or elsewhere wherein no Injunction Protection Priviledge Essoyne or Wager of Law shall be admitted or allowed St. 13 Car. 2. cap. 13. CAP. XXXIII The Confirmation of Marriages VVHereas by vertue or colour of certain Ordinances or certain pretended Acts or Ordinances divers marriages since the beginning of the late troubles have béen had and solemnized in some other manner then hath béen formerly used and accustomed Marriages since the ◠May 1642. confirmed Now for the preventing and avoiding of all doubts and questions touching the same It is Enacted by the Kings most Excellent Majesty with the advice and assent of the Lords and Commons in Parliament Assembled and by Authority of the same That all Marriages had or Solemnized in any of his Majesties Dominions since the first day of May in the year of Our Lord One thousand six hundred forty and two before any Iustice of Peace or reputed Iustice of Peace of England or Wales or other his Majesties Dominions and by such Iustice or reputed Iustice so pronounced or declared And all Marriages within any of His Majesties Dominions since the same first day of May in the year of Our Lord One thousand six hundred forty two had or Solemnized according to the
Walls or before any Noblemens Houses Buildings or Walls or before any other publick houses Buildings or places whatsoever respectively And be it further Enacted by the Authority aforesaid That from and after the first day of May No Barrels Tymber coaches or other things to be see or mended in the streets The Penalty The duty of the Scavengers Rakers weekly One thousand six hundred sixty and two no person or persons shall Hoop Wash or cleanse any Pipes Barrells or other Casks or Vessels in any the Stréets Lanes or open Passages aforesaid nor shall set out empty Coaches to make or mend or rough Timber or Stones to be sawn or wrought in the Stréets on the Penalty of twenty shillings for every Offence And be it further Enacted by the Authority aforesaid That the Rakers Scavengers or other Officers thereunto appointed every day in the Wéek except Sundayes and other Holidayes shall bring or cause to be brought Carts Dung-pots or other fitting Carriages into all Stréets and places within their respective Wards Parishes Charges and Divisions where such Carts or Carriages can pass and at or before their approach by a Bell Horn Clapper or otherwise shall make distinct and loud noise and give notice to the Inhabitants of their coming and make the like noise and give the like notice in every Court Alley or Place into which the said Carts cannot pass and abide and stay there a convenient time in such sort that all persons concerned may bring forth their respective Ashes Dust Dirt Filth and Soil to the respective Carts or Carriages so staying as aforesaid all which the said Rakers Scavengers or other Officers aforesaid shall daily carry or cause to be carried away upon pain to forfeit forty shillings for every offence or neglect respectively And be it further Enacted by the Authority aforesaid That all the open Stréets All open streets to be paved and so kept by the several housholders Lanes and Alleyes within the said Cities and Places aforesaid excepting only the new Paving of such Stréets and Places for which any of the Inhabitants have contributed and paid their respective Proportions to the Commissioners before named according to the rates aforesaid shall be forthwith sufficiently repaired or Paved and from time to time hereafter maintained and kept sufficiently repaired or Paved at the costs and charges of the Housholders in the same Stréets Lanes and Alleys respectively in manner following that is to say every of the said Housholders to repair and pave and to kéep repaired and paved the Stréets Lanes or Alleys before his house and so far as his housing Walls or Building extend unto the Channel or middle of the same Stréet Lane or Alley upon pain to forfeit Twenty shillings for every Perch or Rod and after that Rate for a greater or lesser quantity for every Default The penalty for not paving and of Twenty shillings a wéek for every wéek after untill the same shall be sufficiently paved and amended Provided alwayes That such ancient Stréets Lanes and Alleys within the said Cities Proviso for the Borough of Southwark or either of them the Suburbs and Liberties thereof and Borough of Southwark as by custom and usage have béen repaired and paved in other manner shall be hereafter repaired paved and maintained in such sort and manner and by such person and persons as have heretofore used to repair pave and maintain the same under the penalties aforesaid Any thing in this Act contained to the contrary thereof in any wise notwithstanding And be it further Enacted by the Authority aforesaid Candles or lights to be hung out every night from Michaelmas to Lady-day That every housholder within the said Cities the Suburbs and Liberties thereof and in all other the places aforesaid whose house adjoyns unto and is next the stréet from Michaelmas untill our Lady-day yearly shall every night set or hang out Candles or Lights in Lanthorns or otherwise in some part of his house next the Stréet to enlighten the same for Passengers from such time as it shall grow dark untill nine of the Clock in the Evening upon pain to forfeit the sum of one shilling for every default Who may convict persons offending and upon view or otherwise levy the penalties by this Act. And for the more speedy Reformation and punishment of all and every the offences aforesaid Be it further Enacted by the Authority aforesaid That every one of his Majesties Iustices of either Bench and Barons of his Exchequer and every Iustice of Peace of the said Cities of London and Westminster and places aforesaid within their several limits respectively shall have power and Authority upon his own knowledg or view confession of the party or proof of one credible witness upon Oath before him which oath by vertue of this Act such Iustice shall have power to administer to convict any person or persons of any the offences aforesaid whereby such person or persons so convict shall incur the Penalties and forfeitures aforesaid one moyety whereof shall be disposed and imployed for and towards the reparation paving and cleansing of the stréet or place where the offence shall be committed and as much or all of the other moyety as the Iustice shall think fit for him or them that shall discover and prosecute the same in case the said conviction be by such discovery and prosecution and if the conviction be by the view or knowledg of such Iustices then the said whole penalty to go and be imployed for and towards the repairing paving and cleansing of the said stréets or place and shall be levied by distress and sale of the Goods and Chattels of the offender by Warrant under the hand and seal of any such Iustice to be directed to the Constable or any other Officer of the same Parish rendring the surplusage to the party and in default of distress or not payment of the said penalties within six dayes after demand thereof or notice in writing left at the house or dwelling place of the offender by the said Constable or any other Officer the said offender not being a Péer of this Realm shall be committed to the Common Goal of the said County or City respectively by the Warrant of any such Iustice under his hand and Seal there to remain without Bail or Mainprize untill payment And for the better raising and levying of moneyes to defray the charges and pay the Wages of the said Scavengers Rakers or other Officers imployed in cleansing of the Stréets Lanes Alleyes and other places aforesaid and carrying of the said ashes dirt filth and soil Be it further Enacted by the Authority aforesaid Rates and taxes to be made for defraying the charges and wages of Scavengers and others That within the City of London and Liberties thereof the Scavengers Rakers and such like Officers shall be elected and the Rates Taxes and Assesments for Scavengers Rakers and such like Officers wages for cleansing the
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-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
Act to the contrary notwithstanding And the said Sheriffs shall deduct out of their payments Four pence in the pound whereof Thrée pence to be for themselves and One penny for the Clerk of the Peace to be recovered as aforesaid Officers of the Exchequer shall discharge persons who pay the duties without any Fee And that His Majesties Officers in his said Court of Exchequer shall discharge all such persons who paid their respective Duties without taking any Fées for the same and shall also issue out Process to levy the said duty upon such persons who shall fail in payment thereof where no distress can be found to be taken according to this Act. The said Revenue shall be paid into the Exchequer And not charged with any grant or Pension And be it further Enacted by the Authority aforesaid That the Revenue and Sum of money arising by vertue of this Act Except what shall be allowed to the aforesaid Officers and Ministers for Collecting the same shall be duly and constantly paid and answered into His Majesties Court of Exchequer and shall not be particularly charged or chargeable either before it be paid into the Exchequer or after with any Gift Grants or Pension whatsoever And that all and every Grants of any such Pensions and all and every clause of Non obstante therein contained shall be and is hereby declared to be utterly void and all and every the persons to whom such Grants are passed shall be and are hereby made Accomptants unto His Majesty Grantees of the same shall be accomptanes His Heirs and Successors and shall pay back all sums of money received by pretence of such Grant and the Court of Exchequer shall be and is hereby enjoyned to Issue out Process accordingly And be it further Enacted by the Authority aforesaid That if any Action Bill Plaint Suit Persons acting upon this Statute being sued therefore may plead the general Issue or Information shall be Commenced or Prosecuted against any person or persons for what he or they shall do in pursuance or execution of this Act such person or persons so Sued shall and may plead the general Issue Not guilty And upon Issue joyned may give this Act and the special matter in Evidence and if the Plaintiff or Prosecutor shall become Nonsuit or suffer discontinuance or if a Verdict pass against him or if upon a Demurrer Iudgement pass against him Treble Costs to the Defendants the Defendant shall recover treble Costs for which there shall be like remedy as in any case where Costs by Law are given to the Defendants And be it further Enacted by the Authority aforesaid Increases of Hearths or Stoves which may happen That where any Increase or Decrease of such Hearths or Stoves shall hereafter happen that an account in writing of the same shall be had and made in like manner as the same is directed to be first taken returned and inrolled by this Act and a Duplicate thereof sent into the Exchequer in such sort as is before directed Decreases how discharged And from thenceforth the Owner or Occupier of such House where such Decrease is shall be discharged proportionably without any further pleading in the Exchequer Provided always That no person or persons shall be charged prosecuted Arrerages not to be charged or sued for but within 2 years next after they become due or brought to account for the Arrerages of any Duty or Arrerages of Revenue raised by this Act unless the said Suit shal commence within two years and be brought to a Iudgement within four years and the Duty levied within five years next after the same shall grow due Provided always That no person who by reason of his poverty Poor people exempted or the smallness of his Estate is exempted from the usual Tares Payments and Contributions towards the Church and Poor shall be charged or chargeable with any the Duties by this Act Imposed Any thing herein before to the contrary notwithstanding Provided always and be it hereby Enacted That if the Church-wardens and Overséers of the Poor of the Parish together with the Minister of the same or any two of them whereof the Minister to be one shall in writing under their hands yearly certifie their belief that the house wherein any person doth Inhabit is not of greater value then of Twenty shillings per annum upon the full improved Rent And that neither the person so Inhabiting nor any other using the same Messuage hath useth or occupieth any Lands or Tenements of their own or others of the yearly value of Twenty shillings per annum nor hath any Lands Tenements Goods or Chattels of the value of Ten pounds in their own possession or in the possession of any other in trust for them That then in such case upon such Certificate made to the two next Iustices of Peace and allowed for which Certificate and allowance no Fée shall be paid the person on whose behalf such Certificate is made shall not be returned by the Constable or other Officer And the said house is hereby for that year discharged of and from all the Duties by this Act imposed Any thing herein to the contrary notwithstanding Provided also and be it Enacted by the Authority aforesaid That if any person or persons Further Penalty upon any person that shall accept or procure any pension Gift or grant for years c. bodies Politick or Corporate shall at any time hereafter procure or accept of from the Kings Majesty His Heirs or Successors any Pension Gift or Grant for years life or any other Estate or any sum or sums of money out of the Revenue arising by vertue of this Act that then such person or body Politick or Corporate procuring or accepting the same shall forfeit double the value of such Pension Gift or Grant The one moyety of which forfeiture shall be to the use of the poor of the Parish or Parishes where the said Offenders be or inhabit to be recovered by the Church-wardens the other moyety to him that will sue for the same by Action of Debt Bill Plaint or Information Provided that this Act Blowing houses Stamps Furnaces Kilns Ovens Hospitals or any thing herein contained shall not extend to charge any Blowing-house and Stamp Furnace or Kiln or any private Oven within any of the houses hereby charged nor any Hearth or Stove within the scite of any Hospital or Alms-house for the relief of poor people whose Endowment and Revenue doth not excéed in true value the sum of One hundred pounds by the year Provided The payments and duties charged only upon the Occupiers That the payments and duties hereby charged shall be charged only on the Occupier for the time being of such Hearth or Stove dwelling in such house whereto such Hearth or Stove shall be belonging his Executors or Administrators and not on the Landlord who Let or Demised the same his Heirs Executors or Assigns
Rivers Streams Channels and Sands some places then appointed are become unfit and useless others much more convenient and commodious as well for Traffique and Commerce as for Landing and Discharging Lading and Shipping of Goods Wares and Merchandize It is Enacted and Ordained and be it Enacted and Ordained by the Authority aforesaid That the Kings Majesty may from time to time by his Highness Commission or Commissions out of his Court of Exchequer assign and appoint all such further Places Ports Members and Créeks except the Town of Hull as shall be lawful for the landing and discharging lading or shipping of any Goods Wares or Merchandize within the Kingdom of England Dominion of Wales or Port or Town of Berwick upon Tweed and to what ancient and head-Ports respectively such Places Members or Creeks shall belong and appertain And where any such Member Créek or Place shall be so as aforesaid appointed by vertue of the said Commission or Commissions the Customer Collector Comptroller and Searcher of the head-Port shall by themselves or their sufficient Deputy or Deputies servant or servants reside and inhabit for the entring clearing and passing shipping and discharging of Ships Goods and Merchandize And by vertue of the aforesaid Commission or Commissions may likewise set down and appoint the extents bounds and limits of every Port Haven or Créek within his Majesties Kingdom of England Dominion of Wales and Town and Port of Berwick whereby the extents limits and priviledges of every Port Haven and Créek may be ascertained and known And it shall not be lawful for any Person or Persons whatsoever to lade or put or cause to be laden or put off or from any Key Wharf or other place on the Land into any Ship Vessel Lighter Boat or Bottom any Goods Wares or Merchandize whatsoever Fish taken by his Majesties Subjects Sea-coal Stone and Bestials only excepted to be Transported into any place of the parts beyond the Seas or carried by land into the Realm of Scotland or to take up discharge or lay on land or cause or procure to be taken up discharged and laid on land out of any Boat Lighter Ship Vessel or Bottom being not in Leak or Wreck any Goods Wares or Merchandize whatsoever Fish taken by his Majesties Subjests Bestials and Salt only excepted to be brought from any of the parts beyond the Seas or by land from the Realm of Scotland by way of Merchandize but only upon such open Place Key or Wharf Places Keys or Wharfs as his Majesty shall from time to time assign and appoint by vertue of such Commission and Commissions as aforesaid in his Majesties Port of London and the Members and Liberties thereof in any other Port Place Member or Créek within his Majesties Kingdom of England Dominion of Wales and Town and Port of Berwick without special sufferance and leave first had from the Commissioners and Officers of his Majesties Customs upon the penalty of the forfeiture of all such Goods Wares and Merchandize For avoiding Practises between Owners of goods and Informers to avoid payment of customs None to seize any goods but officers of the customs And forasmuch as it doth appear by daily experience That there are great Practises and Combinations betwéen the Importers and Owners of Goods and Merchandizes and the Seizers and Informers with design and intent to defraud the force of the Law and his Majesty of his Duties and Customs Be it Enacted by the Authority aforesaid That no Ship or Ships Goods Wares or Merchandize shall be seized as forfeited for or by reason of unlawful Importation or Exportation into or out of this Kingdom of England Dominion of Wales or Port and Town of Berwick or any the Ports members or Créeks thereunto belonging or for not payment of any Customs or Subsidies now due or hereafter to be due and payable to his Majesty but by the person or persons who are or shall be appointed by his Majesty to manage his Customs or Officers of his Majesties Customs for the time being or such other person or persons as shall be deputed and authorized thereunto by Warrant from the Lord-Treasurer or Vnder-Treasurer or by special Commission from his Majesty under the Great or Privy-Seal And if any Seizure shall hereafter be made by any other Person or Persons whatsoever for any the Causes aforesaid such seizure shall be void and of none effect any Statute Law Act or Provision to the contrary in any wise notwithstanding In any suit against persons imployed about the customs the Defendant may plead the general issue 12 Car. 2. cap. 18. And be it further Enacted by the Authority aforesaid That in every Action Suit Indictment Information or Prosecution wherein or whereby the person or persons which are or shall be appointed by his Majesty for managing his Customs or the Officers of his Majesties Customs or any Officer or Officers Person or Persons authorized by his Majesty to put in execution the Act of Parliament For encreasing and encouraging of Navigation their Deputies or Servants or any others acting in aid of them have béen are or shall be sued indicted prosecuted or molested it shall be lawful for all and every the said Persons their Heirs Executors and Administrators to plead the general Issue And to give this for other acts relating to customs or Navigation in evidence and to give this or the aforesaid Acts of Parliament relating to the Customs and Navigation in evidence in any of his Majesties Courts of Iustice or other Courts where the said matter shall be depending And the Iudges of the said Courts are hereby strictly enjoyned and required to admit the same and to acquit and indemnifie them and every of them of and from all such Suits Indictments Informations or Prosecutions for or concerning any matter or thing acted or done in the due and necessary performance and execution of their respective Trusts and Imployments therein Be it hereby also Enacted for avoiding of fraudulent Compositions That if any Seizer For avoyding fraudulent compositions by Informers Informer or Officer as aforesaid shall not prosecute to effect for the bringing to Tryal and Condemnation the Ships Goods and Merchandize by them Seized or Informed against That then and in every such case it shall be lawful to or for any of the person or persons which are or shall be appointed by his Majesty for managing his Customs or the Officers of the Customs or other person or persons deputed by them or thereunto Authorized by the Lord-Treasurer or Vnder-Treasurer to make seizure of or inform against such Goods and Merchandize or bring his Action for the same by way of Devenerunt and that they shall be estéemed and adjudged in Law as the true first Informers and Seizers and have the benefit of such Informers or Seizers Any Law Statute Act or Vsage to the contrary in any wise notwithstanding And that no Informer or Officer be suffered to compound under one Third of the
or within twenty miles compass of them or either of them all such grants powers priviledges and authorities as by this present Act or in or by the said Letters Patents of Incorporation are given or granted or mentioned to be given or granted for or concerning the regulation exercise or government of the said Trade Art or Mystery or any matter or thing relating thereunto or of such person or persons as do or shall exercise the same Any thing in the said Letters Patents or any Act Statute or other matter or thing to the contrary thereof in any wise notwithstanding And whereas there is a necessity lying upon the Silk-throwers to deliver their Winders or Doublers considerable quantities of silk which being of a good value is by evil disposed persons many times unjustly deceitfully and falsly purloined imbezeled pawned sold and detained to the great damage and somtimes the utter undoing of the Thrower who employs the said persons Be it further Enacted by the Authority aforesaid That every such Silk-winder and doubler The punishment of silk-winders that imbezel goods delivered to them who shall at any time hereafter unjustly or deceitfully and falsly purloin imbezel pawn sell or detain any part of Silk delivered or to be delivered by any Silk-thrower or other person to them or any of them to wind or double that in every such case and cases as well the Winder or Iourneyman so offending as the Buyer and Buyers Receiver and Receivers of such Silk being thereof lawfully convicted by confession of the party or parties so offending or by one witness upon Oath before one or more of the Iustices of Peace of the County or Liberty where the same offence or offences shall be committed or if it be within any City or Town-Corporate before the Mayor Bailiff or chief Officer of the said City or Town-Corporate who by force of this Act are impowred and authorized to minister the same Oath and finally to hear and determine all and every the Offences aforesaid and to give and make to the party and parties grieved such recompence and Satisfaction for such their Dammage and Loss and Charges thereabouts as by the said Iustice or Iustices or Chief Officers shall be Ordered and Appointed Provided that no more damage be given or awarded then the party grieved shall prove he is damnified and hath expended in looking after the same And if the party or parties so offending shall not be able or sufficient to make recompence or satisfaction for the said Offence nor do make Recompence or Satisfaction for the same Offence or Offences within fourtéen dayes next after such conviction in such manner and form as by the Iustice or Iustices or Chief Officers shall be ordered and appointed as aforesaid then the party or parties so offending for the first Offence shall be apprehended and Whipped or set in the Stocks in the place where the Offence is committed or in some Market Town in the said County near unto the place where the Offence or Offences aforesaid shall be committed as shall be limited and appointed by the said Iustice or Iustices of the Peace or Chief Officers and for the second Offence to incur the like or such further punishment by whipping or being put in the stocks as the said Iustice or Iustices of the Peace or chief officers shall in their discretion think fit and convenient And be it likewise Enacted by the Authority aforesaid Persons receiving such imbezeled goods how to be punished That all and every Receiver and Receivers Buyer and Buyers of any silk or such as take to pawn any silk imbezeled or purloined contrary to the meaning of this Act matter of fact being proved shall make satisfaction within the time aforesaid or else shall be subject to like punishment as by this Act is inflicted or provided to be inflicted upon such person so imbezeling or purloyning any such Silk as aforesaid Provided always What persons may be imployed not having served as apprentices that it shall and may be lawful to and for any Fréeman of the said Company of Silk-throwers to set on work and imploy any person or persons being native Subjects to his Majesty and no others whether they be men women or children to turn the Mill tye threads double silk and wind silk as formerly they have used to do although such person or persons who shall be so set on work and imployed in the works and services aforesaid shall not have served or béen bred up as Apprentices to the trade of Silk-throwing by the space of seven years and that all and every the said person and persons who shall be set so on work and imployed by any Fréeman of the said Company in the works and services aforesaid shall and may be imployed by any Fréeman of the said Company in the works and services aforesaid or any of them without any let or molestation Any thing in this Act to the contrary notwithstanding Provided The said Corporation may not set rates upon their workmen and be it Enacted that the said Corporation of Silk-throwers shall not by vertue of this Act nor any thing therein contained make any Orders Ordinances or By-Laws to set any rates or prizes whatsoever upon the Throwing of Silk to bind or inforce their members to work at but that their respective members shall be left at liberty to contract with their respective Imployers and also with the persons that they imploy at such rates as they and their imployers and the persons imployed shall agree upon any thing in this Act to the contrary in any wise notwithstanding CAP. XVI For the more speedy and effectual bringing those persons to Account whose Accounts are excepted in the Act of Oblivion 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 all and every person and persons who are accountable to the Kings Majesty and their Accounts are not pardoned but excepted by the late Act of Frée and General Pardon Indempnity and Oblivion 12 Car. 2. c. 11 The penalty against such persons as shall not within a certain time perfect their Accounts 33 H. 8. c. 39. and against whom there is any charge now remaining in his Majesties Exchequer and shall through their default not perfect his or their Account before the end of Trinity Term in the year of our Lord One thousand six hundred sixty and two That then the charge against all and every such person or persons shall be taken as a Debt by Writing Obligatory or Recognizance taken or acknowledged to the Kings Majesty according to the Statute of the thrée and thirtieth of King Henry the Eighth Chapter 39. And that all and every other person or persons whose Accounts are excepted in the said Act of Oblivion and have or shall have a Charge or Information against them in
ease of Sheriffs in passing their Accompts Seizures of Lands remaining charged Michaelmas 1660. Be it Enacted and Declared That from henceforth every Seizure for or concerning any Lands Tenements and Hereditaments now remaining charged in the Foreign accompt of any Sheriff or Sheriffs within the Kingdom of England for the year ended at Michaelmas One thousand six hundred and sixty shall be from the said Foreign accompt charged particularly in the great Roll of the Exchequer And that the several Remembrancers of the said Court or their respective Deputies do in their respective Officers forthwith Seizures hereafter taken or returned and so from time to time for the future write and make true and perfect Copies of all and every such other Seizure and Inquisition as already are or hereafter shall be certified into their respective Offices without certifying the Copy of the Writ or Commission at large upon which such Seizure or Inquisition is or shall be so taken or returned mentioning only in brief the Date of the said Writ or Commission and shall deliver the said Copies well and truly examined and attested under his or their Hands to the Engrosser of the said great Roll And that all such of the said Seizures and Inquisitions as now are returned into any of their respective Offices shall be delivered before the first day of February next coming And that all such other seizures as shall hereafter be returned or certified into their respective Offices shall be delivered so examined and attested as aforesaid to the said Engrosser before the first day of the next Term after the said Remembrancers shall have received the same so as the same may be charged in the great Roll To the end that the Processe of the Court may from thence issue for levying the Issues and Profits thereof to the use of the Crown unto which said Remembrancers or their Deputies shall be from time to time paid for every Sheet which they or their respective Clerks shall so write and deliver the sum of eight pence Fees to the Remembrancers the same to be paid unto them by the aforesaid respective Sheriffs who shall be allowed the same by the Barons upon their respective Accompts out of the Issues and Profits arising out of the Premisses so seized and no Sheriff or Sheriffs for this persent year One thousand six hundred sixty and one Sheriffs shall not answer illeviable seizures Farm Rents c. nor any Sheriff or Sheriffs to be hereafter made or appointed within this Kingdom of England shall be charged in accompt to answer any illeviable Seizure Farm Rent or Debt or other Seizure Farm Rent Debt matter or thing whatsoever which was not writ in Processe to him or them to be levied wherein the persons of whom or the Lands or Tenements out of which together with the cause for which the same shall be so levied shall be plainly and particularly expressed but shall be thereof wholly discharged without Petition Plea or other trouble or charge whatsoever And it is hereby further Enacted and Declared Seizures before 1 Jac. and divers others to be left out of the Sheriffs accompt That all Seizures heretofore made before the first Year of the Reign of the late King James of ever blessed memory now remaining in the Accompts of the Sheriffs and all Seizures and Debts which are pardoned shall be and are hereby fully discharged And that the same and every of them shall hereafter be left out of Sheriffs accompts without further Order Plea Petition or other Charge to any Sheriff or Sheriffs whatsoever And that no Processe shall from henceforth be written forth to any Sheriff for the levying of the same or any of them nor for any other Rent or Farm which cannot be explained by setting forth the particulars thereof or which have been unanswered by the space of forty years last past And that all other dead Farms and Seizures and all desperate illeviable and unintelligible Debts shall be removed out of the Annual Roll and Sheriffs Charge into the Exannual Roll there to remain untill by Commission they shall be revived and made answerable Process for Debts to be sent forth in convenient time And to the end that all new Debts arising and coming into the Exchequer for the future may be sent forth in Processe within convenient time Be it also Enacted and Declared That the aforesaid several Remembrancers do forthwith inrol and certify to the said Ingrosser of the great Roll all such Debts as any Sheriff or Sheriffs of this Realm are or hereafter shall be charged withall either by vertue of their respective Retorns made to the Barons of the said Exchequer upon his Majesties Writs of Fieri facias Levari facias Capias or other Processe and also of all Fines and Amerciaments which are or shall be set and imposed by the Court of Exchequer upon any Sheriff or Sheriffs for his or their contempts or neglects that is to say That all and every such Debts Fines and Amerciaments as now are returned set or imposed in any of the said Offices shall be delivered as aforesaid before the First day of February next ensuing And all such Debts Fines and Amerciaments as shall hereafter be returned set or imposed in any of the respective Offices shall be also delivered by the First day of the next Term after such Retorns made The penalty upon officers for doing any thing against this Act. or such Fines or Amerciaments so set or imposed that so they may be all charged in the Sheriffs Accompts respectively and comprehended within his or their Quietus est upon pain that every Officer or Officers in the said Exchequer who shall in any thing offend contrary to this present Act shall forfeit the sum of Forty pounds for every such offence whereof one moyety shall be to the King his Heirs and Successors and the other moyety to the party or parties who shall be thereby agrieved to be recovered by Action of Debt Bill Plaint or Information in any of his Majesties Courts at Westminster wherein no Essoin Protection Priviledge or Wager of Law shall be allowed or admitted 9 E. 2. St. Lincoln 4 E. 3. cap. 9. 5 E. 3. cap. 4. And it is hereby further Provided and Ordained That no person shall be assigned to be Sheriff of any County within this Realm except such as have Lands within the same County sufficient to answer the King and his people And whereas by an Act made in the One and twentieth year of the Reign of our late Soveraign Lord King James over England 21 Jac. cap. 5. It was provided That whensoever any Sheriff upon passing his Accompts A Quietus est to be a sufficient discharge for a Sheriff if not questioned within four years after grant thereof should have his Quietus est that he should be thereby absolutely discharged of all sums of Money by him Levied and Received and pretended not to be accompted for
Vessel or Crayer whereof any of his Majesties Subjects of England shall be Owners or Part-owners of the burthen of Twenty Tuns or upwards and not excéeding the burthen of Two hundred and fifty Tun for every Voyage Loading or Discharging within this Realm or to or from any Foreign Countrey beyond the Seas and passing to or from London or for from to or by Dover or coming into the Harbour there not having a Cocquet testifying his payment before for the Voyage towards the Repair of Dover-Harbour the sum of Thrée pence for every Tun of the burthen of every such Ship Vessel or Crayer except Vessels loaden with Sea-Coals or Grind-stones or Purbeck or Portland-stone and for every Chauldron of Sea-coals or Tun of Grind-stones peny half-peny the same to be paid to the Customer or Collector of Customs or Subsidies or their Deputies within this Realm in such Port from whence such Ship Vessel or Crayer shall set forth or where such Ship Vessel or Crayer shall arrive before they load or unload the Goods therein The Accompt of the number of the said number of the said Tuns to be made according to the Entry of Goods in every Ship Vessel or Crayer in the Custom-house and no Entry thereof to be allowed in any Office of Customs or Subsidies without true information before made by oath of the Master Owner or Shipper of such Ship Vessel or Crayer concerning the burthen thereof and payment by him made of the sums aforesaid of which payment the Master Owner or Shipper paying the same shall have allowance of the Merchants according to the rate of the Goods in the same Ship Vessel or Crayer by way of Average And the Customer or Collector or his Deputy receiving the sums aforesaid or any of them shall disburse and pay the same from time to time to the Treasurer of the said Harbour for the time being or such person or persons as he shall assign to receive the same to be expended in and about the repair of the said Harbour And every Customer or Comptroller or their Deputies that shall make any Entries of Customs or Subsidies of any Goods in the said Ships Vessels or Crayers before such Information as aforesaid concerning the burthen thereof shall be made or before payment made of the sums before limited to be paid by this Act or shall make any wilful default in not collecting the said sums or any of them or not paying the same over from time to time to the Treasurer of the said Harbour for the time being or such person or persons as he shall assign to receive the same as aforesaid shall forfeit to the use of the Reparations of the said Harbour Ten pounds for every such default to be recovered by Action of Debt in any Court of Record by the Warden and Assistants of the said Harbour for the time being in which Suit no Essoign Protection or Wager of Law shall be allowed Who shall inspect and oversee the Repairs Provided alwayes and be it Enacted by the Authority aforesaid That it shall and may be lawful to and for the Master and Wardens of the Trinity-House of London for the time being to appoint such person or persons as they shall think fit to inspect and oversée the repairs and works to be made for the security of the said Harbour And that they may once every year during the term of seven years aforesaid require an accompt of the respective Collectors of the Duties aforesaid and the Treasurer for the said Harbour for the time being of the moneys by them respectively received by vertue of this Act and of the disbursments thereof And if the said Collectors and Treasurer shall not within six wéeks next after demand of such Accompt give in the same accordingly or if thereupon it shall appear that the said money shall not be duly disbursed in and about the said Repair and the Works for the securing and maintenance of the said Harbour according to the intent of this Act or if the said Harbour shall within the time aforesaid be sufficiently repaired and secured That then the said Master and Wardens shall inform the Lords of his Majesties Privy Council thereof who shall and may thereupon and to that purpose are hereby impowred to suspend or cause all and every further payments by vertue of this Act to cease and determine if they shall sée cause Proviso for Ships belonging to Weymouth Melcomb-Regis Lime Regis Provided always and be it Enacted by the Authority aforesaid That all Ships and Vessels belonging to the Ports of Weymouth and Melcombe-Regis and Lime-Regis in the County of Dorset having a Peire and Cob of their own which by reason of their poverty at present they are not able to maintain shall be exempt from contributing or paying any thing to the Harbour of Dover mentioned in this Act Any thing herein contained to the contrary notwithstanding so as they shall bring Certificate made upon Oath before the Mayor and under the Common Seal of the said respective Corporations That the said Ships and Vessels do properly belong thereunto And that the Inhabitants of the said respective Corporations are Owners of the major part of the said Vessels Provided always and be it hereby Enacted That this Act or any thing herein contained shall not extend to Authorize the Collection of more then the sum of Twenty two thousand pounds in the whole And then the said Collection to cease CAP. XXVIII Pilchard Fishing in the Counties of Devon and Cornwal Regulated Fishery of great concernment to this Nation WHereas the Publick Honour Wealth and Safety of this Realm as well in the the maintenance of Trade and support of Navigation as in many other respects doth in an high degrée depend upon the improvement and incouragement of the Fishery And forasmuch as of late years there have divers pernicious disorders and abuses by the licentiousness of the times crept in and yet continue evidently destructive to that Trade for prevention and redress whereof there is no Law hitherto particularly provided in the growing evils occasioned by Driving-Nets and other fraudulent and injurious practises to the extream damage of the Fishery Be it therefore Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in Parliament assembled Times prohibited to Fish in Cornwall and Devon and it is Enacted by the Authority aforesaid That from and after the Five and twentieth day of May One thousand six hundred sixty and two no person or persons shall in any year from the First day of June till the last of November presume to take Fish in the high Sea or in any Bay Port Créek or Coast of or belonging to Cornwal or Devon with any Drift-Net Trammel or Stream-Net or Nets or any other Nets of that sort or kind Penalty unless it be at the distance of one League and an half at least from the
Record at Westminster And no Lease Grant or Conveyance of or charge out of or upon the said Ninety five thousand Acres or any part thereof except Leases for seven years or under in possession shall be of force but from the time it shall be entred with the said Register as aforesaid the Entry whereof being endorsed by the said Register upon such Lease Grant Conveyance or Charge shall be as good and effectual in the Law as if the Original Book of Entries were produced at any Tryal at Law or otherwise And be it further Enacted That the said Governour Bayliffs and Commonalty shall Execute Estates according to the aforesaid Trust under their Common Seal the Taxes and Penalties then in Arrear being first paid which for non-payment are by vertue of this Act to be levied by Sale of the Lands And be it further Enacted Levying of taxes and penalties That for the Levying such Taxes and Penalties as are now in Arrear or at any time since the Thirtieth day of September in the year of our Lord One thousand six hundred fifty and eight other then such as are hereby otherwise directed to be Levied or which shall be set and imposed upon the said Ninety five thousand Acres by vertue of this Act and shall be in Arrear upon the respective parts and proportions of the said Ninety five thousand Acres the said Governour Bayliffs and Conservators of the said Corporation and their Successors for the time being or any five or more of them whereof the said Governour and Bayliffs for the time being and their Successors or any of them to be two for levying such Taxes and Penalties which now are or shall be so in arrear upon the respective parts and proportions of the said Ninety five thousand Acres shall on Wednesday and Thursday in Whitsun-wéek or either of them every year at the Shire-House in Ely aforesaid in the said Isle of Ely have power only to sell so much of such parts and proportions of the said Ninety five thousand Acres upon which any Tax shall be in Arrear or penalties in such proportion as the said Governour Bailiffs and Conservators of the said Corporation or their Successors or any five or more of them whereof the said Governour and Bailiffs or any of them to be two shall judg to be sufficient to raise such Taxes and penalties by any writing under the Seal of the said Corporation and the person or persons to whom such Sales shall be made shall be a lawful Purchaser and Assignée of so much as shall be sold to all intents and purposes whatsoever Provided That by any colour of any sale for non-payment of Taxes Proviso for tenants at will or by leases any Tenant or Tenants at will or by Lease Indented upon improved Rent of any part of the said Ninety five thousand Acres shall not be removed from his or their possession until he or they shall have taken his or their Crop from off the Premisses so sold paying reasonable Rent proportionable to the time that such possession shall from and after such Sales be continued And such Tenant or Tenants as shall hold any part of the said Ninety five Thousand Acres by Lease as aforesaid shall and may if he or they shall think meet continue out their respective terms paying their Rent to such Purchaser in proportion to the quantity of Acres so purchased Any thing herein contained to the contrary in any wise notwithstanding Provided That the said Corporation nor their Successors shall not sell any part or proportion of the said Ninety five thousand Acres for any Tax or Penalty in arrear which Tax or Penalties shall not be in arrear by the space of four moneths next before the Sale nor any more Lands then only for the raising of such Taxes and Penalties Publick notice to be given of lands charged with arrears of taxes or penalties Provided also That the said Corporation shall give publick notice from time to time of the parts and proportions of the said Ninety five thousand Acres for which any Tax or Penalties is or shall be in arrear by affixing openly at the Shire-House or Market-place in Ely aforesaid a Schedule in Parchment under the Seal of the said Corporation containing such parts and proportions of the said Ninety five thousand Acres for which any Tax or Penalty is or shall be in arrear with the name and names of the respective Owner or Owners entred upon the Tax-Roll with the said Corporation of the said parts and proportions of the said Ninety five thousand Acres so in arrear And be it further Enacted That the said Corporation shall and may from time to time erect any new works within the said great Level New works may be made or without the said great Level for conveying the Waters of the said great Level by convenient Out-falls to the Sea so always that if they cut any several grounds they give full recompence and satisfaction for the same in such manner as shall be hereafter in this Act provided The penalty for throwing down any works And if any person or persons shall cut throw down or destroy any of the said Works made or to be made as aforesaid the parties offending shall answer treble damages to the said Corporation and Costs of Suit to be recovered in an Action of Trespass to be brought by the said Corporation in any of his Majesties Courts of Record And if such cutting throwing down or destroying shall be maliciously done the same shall be punished as for the cutting the Podyke in Marsh-Land The oath to be taken by the Governor Bailiffs and Conservators And be it further Enacted That the said William Earl of Bedford nominated to be Governour and every other from time to time into that Office chosen shall before he take upon him or them the exercise of that Office take an Oath That he will well and truly execute that Office in all things the which Oath shall and may be administred by the said Bailiffs or any one of them And the said Bailiffs Conservators Register Receiver or other Officer nominated as aforesaid and every other from time to time into any of the respective Offices to be chosen shall before he or they take upon him or them the exercise of the said respective Offices take the like Oath for the true executing their respective Offices the which Oath shall be administred by the said Governour Bayliffs and Conservators or any two or more of them without any Commission or further warrant The Governor Bailiffs and Conservators to be elected yearly And for the continuance of the said Corporation in Succession for ever Be it further Enacted That the said Governour Bayliffs Conservators and Commonalty upon Wednesday in Whitsun wéek yearly shall at a publick meeting to be holden for the said Corporation by the greater number then present whereof the said Governour or one of the Bailiffs to be one elect a new Governour
and imposed by vertue of this Act for preservation of the said Great Level from drowning And whereas the persons now in possession of the said last mentioned Shares Lots Parts and Proportions of the said Ninety five thousand acres whereof pretended Estates and Conveyances were taken contracted for or accepted of as aforesaid do pretend that they or those under whom they do respectively claim and derive their right title or pretensions to the said Shares Lots Parts and Proportions respectively have laid out and disbursed for Taxes for and towards the maintenance preservation and repair of the works of the said Great Level heretofore Erected by the Earl Francis and his Participants and for and towards their erection of new and necessary works for the better and more effectual Dreyning of the said Great Level and for building upon the said Shares Lots Parts and Proportions more moneys then the cléer rents issues and profits of the said Shares Lots Parts and Proportions have amounted to since the said respective pretended Estates and Conveyances were first taken contracted for accepted as aforesaid Be it therefore Enacted by the Authority aforesaid And it is hereby Enacted That the Chief Iustice of the Court of Kings Bench the Chief Iustice of the Court of Common-Pleas The Chief Iustice of the Kings bench and others made a Iudicature to hear and determine differences the Chief Baron of the Court of Exchequer and the Iustices of the said Court of Common-Pleas for the time being or any two or more of them are hereby constituted appointed and erected a Iudicature or Commissioners to Hear Order Iudge Decrée and Determine upon Bills and Answers to be Exhibited or otherwise as they shall think fit betwéen the said persons who are now in the Possession of the said respective Shares Lots Parts and Proportions and the respective Heirs and Assigns of the said persons now in possession as aforesaid And the said Sir Richard Onslow and other the said Assignées and Trustées of the said Henry late Earl of Arundel and Surrey deceased Arthur Earl of Anglesey Thomas Lord Culpepper the said Samuel Sandys the elder or his Trustées Sir William Terringham Robert Phillips Robert Scawen and the said other persons Participants of the said Earl Francis and their respective Heirs and Assigns who are now out of the possession of the said Shares Lots Parts and Proportions respectively and to whom respective Estates are by vertue of this Act to be executed of the same as aforesaid And the said Iudicature or Commissioners or any two or more of them are hereby authorized out of the said Shares Lots Parts and Proportions to Order Adjudge Decrée and Determine to either of the said Parties respectively such recompence and allowance as they the said Iudicature or Commissioners or any two or more of them shall see cause And for the better enabling the said Iudicature or Commissioners to procéed to the hearing ordering adjudging decréeing and determining and for putting in due and spéedy execution such Order Iudgement Decrée and Determination as they or any two or more of them shall make betwéen the said parties It is hereby further Enacted by the Authority aforesaid That they the said Iudicature or Commissioners or any two or more of them shall have such and the like power and authority as the High Court of Chancery hath in cases before the said Court depending and for putting in execution the Decrées of the said Court. The power and authority of the said Iudicature And to the end that the said Iudicature may be the better enabled to Iudge of the Rights and Pretensions of either party Be it further Enacted by the Authority aforesaid That in every Decrée or Determination which they shall make by vertue and in pursuance of this Act they shall have regard to the sum and sums of money actually disbursed and expended by either party in the Works of Dreyning the said Great Level Directions for their decrees and proceedings and in the preservation and reparation of the same and also to the respective Times of such Disbursements and expence defalking thereout such sum and sums of money as have béen received by either party their Tenants or Assigns for the Rents Issues and Profits of the same and abating out of the Interest of the Money disbursed by either party so much as the Interest of the Money received by such party for the Rents Issues and Profits of the same doth amount unto And to the intent that the persons who by the true intent and meaning of this Act are to be put into possession of any part of the said Eighty thrée thousand acres may not by undue delayes or by any other means or pretensions be kept out of the possession of the same Be it further Enacted by the Authority aforesaid That at any time or times after the expiration of Six moneths after the Passing of this Act it shall and may be lawful to and for the said Samuel Sandys the elder and his Trustées for him Sir Richard Onslow and others the Assignées and Trustées of Henry late Earl of Arundel and Surrey deceased Arthur Earl of Anglesey Thomas Lord Culpepper Sir William Terringham Robert Phillips and Robert Scawen their and every of their respective Heires and Assigns and to and for the Participants of the said Earl Francis Parties to the said Indenture of Fourtéen parts their and every of their respective heirs and assigns whose Lands Shares Lots Parts and Proportions of and in the said Ninety five thousand acres were sold or pretended to be sold for non-payment of Taxes by vertue of the said pretended Act of the Nine and twentieth day of May in the year of our Lord One thousand six hundred forty and nine to bring their respective Action or Actions of Trespass or Trespass and Ejectment in His Majesties Court of Kings Bench or Court of Common-Pleas at Westminster against any person or persons whatsoever possessing withholding or occupying the same although the said Governour Bayliffs and Conservators or so many and such of them as are thereunto authorized by this present Act have not or shall not execute estates pursuant to this present Act to such person or persons hereby enabled to bring such Action or Actions and such person or persons shall recover such Lands Shares Lots Parts and Proportions of the said Ninety five thousand acres as they respectivly shall make and derive title and claim unto as Participants of the said Francis Earl of Bedford parties to the said Indenture of Fourtéen parts or as the respective Heirs or Assigns of the said respective Participants parties to the said Indenture of Fourtéen parts as if the said Governour Bayliffs and Conservators had duely executed respective Estates of such respective Lands Shares Lots parts and Proportions of the said Ninety five thousand acres according to the true intent and meaning of this Act And such person or persons his and their respective Heirs and Assigns shall have and
be lawful for the said Commissioners for the time being or any seven or more of them from time to time and at all times to Assess Taxes or Sums of Money upon the said Ninety five thousand Acres for the raising money for Draining the same again in such proportion as they or any seven or more of them shall think fit together with a penalty for not paying the said Taxes the said penalty not excéeding a third part of such Tax How lands may be sold for non-payment of Taxes or penalties And for default of payment of the said Taxes or Sums of money and penalties Be it Enacted That the Lot and Share of such Participant or Adventurer of and within the said Ninety five thousand Acres as shall be in arrear for the said Tax sum of money or penalty and unpaid by the space of two moneths next after the day appointed for payment by the said Commissioners or any seven or more of them or so much thereof as they shall think fit shall be Sequestred by the said Commissioners or any seven or more of them for or towards the payment of such Tax sum of money or penalty so in arrear restoring the overplus of the money for which such Lot or Share or any part thereof shall be Sequestred if any be Which Sequestration shall be made in writing under the hands and seals of the said Commissioners for the time being or any seven or more of them Provided always and be it Enacted by the Authority aforesaid That in case the said Governor Bayliffs and Corporation constituted by this Act shall neglect or refuse to pay such Tax or Taxes and penalties sum or sums of money as shall from time to time hereafter be taxed and imposed by the said Commissioners before named or to be named by vertue of this Act or any seven or more of them pursuant to the Powers given them by this Act whereupon the Goods and Chattels of any person or persons his or their Tenant or Tenants of and in the said Ninety five thousand acres or any part thereof shall be distrained or sold or his or their Lands Sequestred for the payment thereof or that such person or persons his or their Tenant or Tenants shall thereupon pay the said Tax and Taxes and penalties so assessed and imposed as aforesaid That then the said Governour Bayliffs and Corporation immediately from and after notice to him or them given thereof shall Assess and Tax the whole Ninety five thousand Acres for the satisfaction and payment of the Tax Taxes and penalties sum and sums of money and all damages that such person or persons his or their Tenant or Tenants hath or have paid born or sustained as aforesaid And be it further Enacted by the Authority aforesaid That if the said Governour Bayliffs and Corporation shall not within six moneths next after demand made by such person or persons his and their Heirs Executors and Administrators whose own or Tenant or Tenants Goods and Chattels shall be distrained or sold or Lands sequestred as aforesaid pay and satisfie unto him or them such sum and sums of money and damages as he or they and his and their respective Tenant or Tenants have respectively paid born and sustained That then and from thenceforth such person and persons his and their Heirs and Assigns shall and may bring his and their Action or Actions of Debt in any of the Kings Majesties Courts at Westminster against the said Governour Bayliffs and Corporation for the recovery thereof and by vertue of this Act shall recover the same and be allowed Costs of Suit expended therein And be it further Enacted by the Authority aforesaid That the Commissioners so constituted or to be hereafter constituted as aforesaid or any seven or more of them for the better execution of the Powers hereby given shall may inform themselves by examining Witnesses upon Oath which hereby they or any seven or more of them shall have power to administer due execution of all every or any the Powers or Authorities hereby given them for the doing Iustice therein accordingly The Commissioners to take an Oath Provided always That the said Commiâ—â—ioners and every of them before he or they take upon him or them the execution of any the Powers or Authorities hereby given them other then the administring the Oath following to one another which they shall have authority by this present Act to administer to one another shall take the Oath following viz. I A. B. shall and will without favour or affection hatred or malice truly and impartially according to the best of my skill and knowledg execute and perform all and every the Powers and Authorities established by this Act of Parliament Which Oath any one of the said Commissioners are hereby authorized to administer And be it further Enacted by the Authority aforesaid That all Iudgments Orders Decrées Determinations Alterations Changes Restaurations and other Acts done by the said Commissioners hereby constituted or hereafter to be constituted as aforesaid or of any seven or more of them respectively pursuant to the Powers and Authorities by this Act given shall be final And that the first time and place of their Méeting shall be at or before the Two and twentieth day of September in the year of our Lord One thousand six hundred sixty and thrée at Ely And that afterwards the usual places where the said Commissioners shall sit to Hear Order The Places where the Commissioners shall sit and Determine the Matters to them referred by this Act shall from the 29th of September to the 26th day of March in every year be at the Town of Huntington and from the 25th day of March till the 30th day of September in every year be at Ely unless the said Commissioners hereby constituted or hereafter to be constituted as aforesaid or any seven or more of them shall appoint some other place or places being a Market Town or Towns And the said Commissioners or any seven or more of them shall by Warrant under their hands and seals declare the places and times of their after-méeting which Warrant shall be published in the open Market of such respective places where they last sate betwéen the hours of Twelve Two upon some Market day one moneth at the least before the said time or times of méeting To the end all persons concerned may have sufficient time and notice to make their appearance before them upon any cause of complaint or other occasion And shall have power and authority by Warrant under the hands and seals of any seven or more of them to summon Parties and Witnesses to appear before them Provided That none of the said Commissioners hereby constituted or hereafter to be constituted as aforesaid shall Vote or give his Iudgment or Determination in any matter or thing which concerns the Division and Bounds of the County of or for which he is appointed Commissioner Provided also That no person who
Annuntiation of the blessed Virgin Mary by even and equal portions an exact and just Account of the numbers of all which Fire-Hearths and Stoves is thereby Enacted to be taken and returned into his Majesties Court of Exchequer And the Moneys and Revenues due and payable for the same to be collected levied and paid to his Majesty by such persons and Officers in manner and form as by the said Acts is prescribed Nevertheless by reason of some defects in the said Act and great negligence of the said Officers and other persons in not returning the exact numbers of the said Fire-Hearths and Stoves and not duly Collecting Levying and paying into his Masties Exchequer the full Revenue due for the numbers returned at the times appointed and by sundry fraudulent practises to elude the said Acts the said Revenue is much diminished and not duly answered For remedy thereof and for the better ascertaining and collecting the said Revenue for the future Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled and by Authority of the same That it shall and may be lawful to and for the Kings Majesty his Heirs and Successors from and after the Four and twentieth day of June One thousand six hundred sixty four from time to time by and with the Advice of the Lord High Treasurer Chancellour Vnder-Treasurer and Barons of the Court of Exchequer for the time being or any thrée of them whereof the Lord High Treasurer or Chancellor of the Exchequer to be one to constitute and appoint such person or persons as his Majesty his Heirs and Successors shall think méet to be the Officer or Officers for the receiving and collecting and answering the duty arising by the said Fire-Hearths and Stoves by vertue of the said several Acts and for viewing and numbring of the several Chimney-hearths and Stoves mentioned in the said Acts and for the inspecting and examining the several Rolls Certificates and Returns thereof made and to be made from time to time into his Majesties Court of Exchequer in pursuance of the said Acts or any other thing belonging to the same which Officers or any of them shall have full power to examine and supervise the Rolls and Numbers of Fire-hearths and Stoves already returned into the said Court of Exchequer And being accompanied with the Constable or the Tithing-man Treasurer Vnder-Treasurer or other publick or proper Officer of the place who are hereby required to attend and assist upon this occasion and in all Parishes and places where there are no Constables Tithingmen or other publick Officer as aforesaid there without any such Assistance to enter in the day time into any dwelling or other House Edifice Lodgings and Chambers aforesaid And to search and examine whether there be any more Fire-hearths and Stoves in the same then were formerly returned or certified and what Fire-hearths or Stoves are increased or decreased since the former Certificate After which search and examination the said Officer with a Constable or Tythingman or Officers as aforesaid shall have liberty to make the like search and examination once every year And if they shall find any variance in the number returned both the Officer or Officers appointed by his Majesty and the Constable or Tythingman or other Officer as aforesaid to certifie the same under his and their hands to the Clerk of the Peace which Certificate they are hereby enjoyned to make And after approbation thereof by the Iustices of the Peace at their Sessions the same to be certified to his Majesties Remembrancer in the Exchequer and the Officer or Officers so appointed by his Majesty unto the same shall from and after the said Four and twentieth day of June One thousand six hundred sixty four have power to collect and levy the Revenue and Duties so given to his Majesty as aforesaid and all arrears of the same And be it further Enacted That the said Duty shall from time to time be paid after the Feast days of Saint Michael the Arch-Angel and the Annuntiation of the Virgin Mary yearly unto such Officer as shall be appointed by vertue of this present Act to receive the same upon demand thereof made by such Officer or his Deputy at the House Chamber or place where the same Duty shall arise or grow due And that in case of refusal or default of such payment thereof by the space of one hour after such demand the said Officer or his Deputy may at any time with the assistance of a Constable Tythingman or other Officer as aforesaid in the day time levy the said Duty and all the Arrearages thereof by distress and sale of the goods of the party or parties so refusing or making default restoring to the party or parties the over-plus of the value of such goods over and above the Duty and Arrearages thereof then behind and over and above the necessary charges of taking such Distress which Charges shall in no case excéed the one moyety of the Duty and Arrearages thereof so levied Provided always and be it Enacted That no Owners Proprietors or Occupiers of the said Fire-hearths or Stoves shall be charged distrained or molested for the said Duty or any Arrearages thereof at any time after the space of two years next after the Duty hereafter shall become due to his Majesty his Heirs or Successors Nor for any arrearages of the said Duty already incurred after the space of two years from the Four and twentieth day of June One thousand six hundred sixty and four And in case of violent opposition or injury done by any person or persons to any such Officer or his Deputy in the due execution of this Act and the same proved by Oath before any one Iustice of the Peace or Chief Magistrate or Magistrates of the City Town or place dwelling near unto the place who are hereby authorized to administer the said Oath It shall and may be lawful to and for such Iustice of the Peaee Magistrate or Magistrates to punish such offender or offenders if he shall find cause by Imprisonment in the common Goal for any time not excéeding the space of one moneth And from and after the said Four and twentieth day of June One thousand six hundred sixty four all Officers formerly appointed to collect the said Duty shall be discharged from the future collecting and levying the same otherwise then as they are directed by this Act And the said Officer and Officers so appointed by his Majesty to collect this Duty shall pay the same into his Majesties Exchequer to the ends in the said former Acts mentioned Provided That no person or persons shall be employed as aforesaid unless he and they shall first give in sufficient Security to his Majesty his Heirs and Successors for the due collecting levying and paying in of the said Revenue or such part thereof as shall be committed to their respective
to such Hundred Division Constablewick Parish or place respectively and to every person charged within the said Sub-collectors or Head-collectors charge against His Majesty His Heirs and Successors for the sum or sums of money so acquitted Lands and houses that lie unoccupied Provided alwayes and be it further Enacted That in case any Lands or Houses in any Parish Place or Constablewick shall lie unoccupied and no distresses can be found on the same by reason whereof the said Parish Place or Constablewick are forced to pay and make good the Tax assessed upon such Lands lying unoccupied That then it shall and may be lawful at any time after for the Collectors Constable or Tythingman of the said Parish Place or Constablewick for the time being to enter and distrain upon the said Lands and Houses when there shall be any distress thereupon to be found And the distress and distresses being the proper goods of the Owner or any claiming any Estate interest or profit under him if not redeemed within four days by payment of the Tax and charge of the distress to sell rendring the Overplus to the Owner or Owners of such distresse And the said Collector Constable or Tythingman is hereby enjoyned to distribute the money raised by the said Distresse or Sale thereof proportionably to the Parties who contributed to the Tax of the said unoccupied Lands Woodlands Provided alwayes and be it Enacted That where any Wood-lands shall be assessed and no Distress can be had that in such case it shall and may be lawful to and for any Sub-collector Constable Head-borough or Tythingman by Warrant under the Hands and Seals of two or more of the Commissioners in that Hundred or Division at seasonable time of the year to cut and sell to any person or persons so much of the Wood growing on the said Woodlands so assessed as will pay the Assessment or Assessments so behind and unpaid and the charge incident thereunto And that it shall and may be lawful for the person and persons and his Assigns to whom such Wood shall be so sold to sell cut down dispose and carry away the same to his own use rendring the overplus if any be to the Owner Any Law to the contrary notwithstanding Tythes Tolls Markets Fairs Fisheries c. Provided alwayes and be it further Enacted That where any Tax or Assessment shall be charged or laid upon any Tythes Tolls Profits of Markets Fairs or Fishery or other annual profits not distrainable in case the same shall not be paid within fiftéen dayes after such Assessment so charged or laid and demanded then it shall be lawful to and for the Sub-collector Constable or other Officer thereunto appointed by Warrant under the Hands and Seals of any two or more of the Commissioners authorised by this Act to seize take and sell so much of the said Tythes Tolls and other Profits so charged as shall be sufficient for the levying of the said Tax and Assessment and all charges occasioned by such non-payment thereof rendring the overplus to the Owner if any be Middlesex Westminster And whereas the County of Middlesex and City of VVestminster are raised in the Monethly Assessment by reason of the new Buildings lately erected And that Offices are made chargeable towards the payment of such Assessment To the end that an equal rate may be made and imposed upon the severall Divisions Parishes and Hamlets within the said County and City Be it Enacted by this present Parliament and by the Authority thereof That the said Commissioners appointed for the said County and City of VVestminster or any three of them shall if they shall think it fit cause two or three of the honest and able Inhabitants in the several and respective Parishes Townships and Places within the said County and City to be named and appointed Assessors who or any two of them are to ascertain and rate the yearly value and profits of all Offices belonging to the Courts of VVestminster and other Offices chargeable by this Act towards the payment of the said sum set upon the said County and City And all Townships Parishes and Places for which they be appointed Assessors and to return the same to the said Commissioners or to such person or persons as shall be appointed to receive the same which said Assessors are to deliver in their several Surveys perfected and subscribed by them unto the said Commissioners or to such person or persons as shall be appointed by them or any thrée of them to receive the same two or three dayes at the least before the second General meeting of the said Commissioners to the end that the said Commissioners may deliver in all the several Surveys to be made throughout the said County at the said second General meeting At which said Generall meeting the said Commissioners or the major part of them then present shall upon view and perusal of the said several Surveys cast up the true Revenue and yearly Profits of the whole County City and Offices aforesaid to the end that an equal Pound-rate may be apportioned upon every Office chargeable by this Act Division Hundred Township and Parish according to the proportion and sum of money charged upon the said County and City by vertue of this present Act which the said Commissioners or the major part of them then and there assembled are by vertue of this Act authorised and appointed to proportion and make accordingly Provided always That nothing herein contained shall be drawn into example Proviso to the prejudice of the ancient Rights belonging unto the Lords Spiritual and Temporal or Clergy of this Realm or unto either of the Vniversities or unto any Colledges Schools Alms-houses Hospitals or Cinque-Ports CAP. II. The Measures and Prices of Coals regulated FOr avoiding the manifold deceits Deceâ—ts and â—xations in selling of Coals exactions and abuses used in the Measures and Sales of Coales and for preventing the like and the better regulation thereof for the time to come Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled and by the Authority of the same That from and after the Sixth day of March in the year of our Lord One thousand six hundred â—â—xty four all sorts of Coal commonly called Sea-Coals brought into the River of Thames and sold shall be sold by the Chaldron Sea coal measure containing Thirty six Bushels heap'd up and according to the Bushel Seal'd for that purpose at Guildhall in London and so for a greater or lesser quantity And that all other sorts of Coals coming from Scotland and other places commonly sold by Weight and not by Measure Coals from Scotland shall be sold by Weight after the proportion of a hundred and twelve pound to the hundred of Avoir dupois weight without any fallacy or deceit upon pain of Forfeiture of all
Ordnance shall make without Fée Charge or Delay And that all Orders for repayment of money lent shall be registred in course according to the Date of the Tallies respectively And that all Orders signed by the Lord Treasurer and Vnder-Treasurer of the Exchequer for payment of money for Goods Wares Victuals and other necessaries furnished to Your Majesty Your Officers Master or Commissioners aforesaid shall be registred in course according to the time of bringing to the Office of the Auditor of the Receipt the Certificates above mentioned And that all Orders so signed for payments directed by his Majesty shall be entred in course according to their respective Dates and none of the sorts of Orders above mentioned either for Loans of Moneys Supplies of Wares Goods Victuals or Necessaries or by special direction shall have preference one before another but shall all be entred in their course according to the Dates of the Tallies the times of bringing the Certificates and the Dates of the Orders for payments directed by his Majesty as they are in point of time respectively before each other And that all and every person and persons shall be paid in course according as their Orders shall stand entred in the said Register-Book be it Orders for payments directed by his Majesty or for Moneys lent or for Wares Commodities or other Necessaries furnished as aforesaid so as that person his Executors Administrators and Assigns who shall have his Warrant or Order Warrants or Orders first entred in the said Book of Registry shall be taken and accounted as the first person to be paid upon the moneys to come in by vertue of this Act and he or they that shall have his or their Warrants or Orders Warrant or Order next entred shall be taken and accounted the second person to be paid and so successively and in course And that the moneys to come in by this Act shall be in the same order liable to the satisfaction of the said respective parties their Executors Administrators or Assigns successively without preference of one before another and not otherwise And that no Fée Reward or Gratuity directly or indirectly be demanded or taken of any of Your Majesties Subjects for providing or making of such Books Registers Entries View Search Certificate in or for payment of money Lent or the Interest thereof or for payment of any money upon any Order upon any Contract for Wares and Goods furnished to the Vse of Your Majesties Navy and Ordnance as aforesaid by any of Your Majesties Officer or Officers their Deputies or Clerks on pain of payment of treble Damages to the party grieved by the party offending with costs of Suit And if the Officer himself take or demand any such Fée or Reward then to lose his place also And if any undue preference of one before another shall be made either in point of Registring contrary to the true meaning of this Act by any such Officer or Officers then the party offending shall be liable by Action of Debt or on the Case to pay the value of the Debt Damages and Costs to the party grieved And shall be forejudged from his Place or Office And if such preference be unduly made by any his Deputy or Clerk without Direction or Privity of his Master then such Deputy or Clerk only shall be liable to such Action Debt Damages and Costs And shall for ever after be incapable of the same And in case the Auditor shall not direct the Order or the Clerk of the Pells Record or the Teller make payment according to each persons due place and order as afore directed then he or they shall be judged to forfeit and their respective Deputies and Clerks herein offending be liable to such Action Debt Damages and Costs in such manner as aforesaid Provided always And it is hereby Declared That if it happen that several Tallies of Loan or Certificates for Wares Delivered or Orders for Payments from his Majesty as aforesaid bear Date or be brought the same day to the Auditor of the Exchequer to be Registred Then it shall be interpreted no undue preference which of these he enters so he enter them all the same day Provided also That it shall not be interpreted any undue preference to incur any penalty in point of payment if the Auditor direct and the Clerk of the Pells Record and the Teller do pay subsequent Orders of persons that come to demand their money and bring their Orders before other persons that did not come to demand their money and bring their Order in their course so as there be so much money reserved as will satisfie their Orders which shall not be otherwise disposed but kept for them Interest upon Loan being to cease from the time the money is so reserved and kept in Bank for them And be it further Enacted by the Authority aforesaid That every person or persons to whom any money shall be due by vertue of this Act after Warrant or Order entred for payment thereof his Executors Administrators or Assigns by Indorsement of his Order or Warrant may assign and transfer his Interest and Benefit of such Warrant to any other which being notified and an Entry and Memorial thereof also made in the said Registry for Warrants which the Officers shall on request without Fées or charge accordingly make shall Intitle such Assignée his Executors Administrators and Assigns to the Benefit thereof and payment thereon And such Assignée may in like manner assign again and so toties quoties and afterwards it shall not be in the power of such person or persons who have made such Assignments to make void release or discharge the same or the moneys thereby due or any part thereof And in case any person or persons be willing to advance the Tax they themselves are to pay or the Tax of any Tything Hundred Parish Division or County for six moneths or more unto the Receiver-General of that Place or County The said Receiver-General is hereby authorized to receive the same and to make deduction of so much for Interest after the Rate of six per Centum per annum as the Advance amounts unto and the Receivers acquittance shall be a sufficient Discharge for the same which money so advanced shall be accounted for and paid into the Exchequer by it self Quarterly CAP. II. Non-Conformists restrained from Inhabiting in Corporations WHereas divers Parsons Vicars Curates Lecturers and other persons in Holy Orders have not declared their unfeigned assent and consent to the use of all things contained and prescribed in the Book of Common Prayer and Administration of the Sacraments and other Rites and Ceremonies of the Church according to the use of the Church of England or have not subscribed the Declaration or acknowledgment contained in a certain Act of Parliament made in the Fourtéenth year of His Majesties Reign and Intituled An Act for the Uniformity of Publick Prayers and Administration of Sacraments and other Rites and Ceremonies and
for the Establishing the Form of Making â—4 Car. 2. 〈◊〉 4 Ordaining and Consecrating of Bishops Priests and Deacons in the Church of England according to the said Act or any other subsequent Act. And whereas they or some of them and divers other person and persons not Ordained according to the Form of the Church of England and as have since the Act of Oblivion taken upon them to Preach in unlawful Assemblies Conventicles or Méetings under colour or pretence of Exercise of Religion contrary to the Laws and Statutes of this Kingdom have setled themselves in divers Corporations in England sometimes Thrée or more of them in a place thereby taking an opportunity to distill the poysonous Principles of Schism and Rebellion into the hearts of His Majesties Subjects to the great danger of the Church and Kingdom Be it therefore Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled Persons restrained from Inhabiting in Corporations and by the Authority of the same That the said Parsons Vicars Curates Lecturers and other persons in holy Orders or pretended holy Orders or pretending to holy Orders and all Stipendaries and other persons who have béen possessed of any Ecclesiastical or Spiritual Promotion and every of them who have not declared their unfeigned assent and consent as aforesaid and subscribed the Declaration aforesaid and shall not take and subscribe the Oath following The Oath I A. B. Do Swear That it is not lawful upon any pretence whatsoever to take Arms against the King and that I do abhor that Traiterous Position of taking Arms by His Authority against His Person or against those that are Commissionated by him in pursuance of such Commissions And that I will not at any time endeavour any Alteration of Government either in Church or State And all such person and persons as shall take upon them to Preach in any unlawful Assembly Conventicle or Méeting under colour or pretence of any Exercise of Religion contrary to the Laws and Statutes of this Kingdom shall not at any time from and after the Four and twentieth day of March which shall be in this present year of our Lord God One thousand six hundred sixty and five unless onely in passing upon the Road come or be within Five miles of any City or Town Corporate or Burrough that sends Burgesses to the Parliament within His Majesties Kingdom of England Principality of Wales or of the Town of Berwick upon Tweed or within Five miles of any Parish Town or place wherein he or they have since the Act of Oblivion béen Parson Vicar Curate Stipendary or Lecturer or taken upon them to Preach in any unlawful Assembly Conventicle or Méeting under colour or pretence of any Exercise of Religion contrary to the Laws and Statutes of this Kingdom before he or they have taken and subscribed the Oath aforesaid before the Iustices of the Peace at their Quarter-Sessions to be holden for the County Riding or Division next unto the said Corporation City or Burrough Parish place or Town in open Court which said Oath the said Iustices are hereby Impowred there to Administer upon forfeiture for every such offence the sum of Fourty pounds of lawful English money The Penalty the one Third part thereof to His Majesty and his Successors the other Third part to the use of the poor of the Parish where the offence shall be committed and the other third part thereof to such person or persons as shall or will sue for the same by Action of Debt Plaint Bill or Information in any Court of Record at Westminster or before any Iustices of Assize Oyer and Terminer or Gaol-Delivery or before any Iustices of the Counties Palatine of Chester Lancaster or Durham or the Iustices of the great Sessions in Wales or before any Iustices of Peace in their Quarter-Sessions wherein no Essoign Protection or Wager of Law shall be allowed Provided always and be it further Enacted by the Authority aforesaid That it shall not be lawful for any person or persons restrained from coming to any City Town Corporate Burrough Parish Town or place as aforesaid or for any other person or persons as shall not first take and subscribe the said Oath and as shall not frequent Divine Service established by the Laws of this Kingdom and carry him or her self reverently decently and orderly there to Teach any publique or private-School or take any Boarders or Tablers that are Taught or Instructed by him or her self or any other upon pain for every such offence to forfeit the sum of Forty pounds to be recovered and distributed as aforesaid Provided also and be it further Enacted by the Authority aforesaid That it shall be lawful for any Two Iustices of the Peace of the respective County upon Oath to them of any offence against this Act which Oath they are hereby Impowred to Administer to Commit the Offender for Six moneths without Bail or Mainprise unless upon or before such Commitment he shall before the said Iustices of the Peace Swear and Subscribe the aforesaid Oath and Declaration Provided always That if any person intended to be Restrained by vertue of this Act shall without fraud or covin be Served with any Writ Subpoena Warrant or other Process whereby his personal appearance is required his obedience to such Writ Subpoena or Process shall not be construed an offence against this Act. CAP. III. For Uniting Churches in Cities and Towns Corporate FOrasmuch as the setled Provision for Ministers in most Cities and Towns Corporate within this Realm is not sufficient for the Maintenance of able Ministers fit for such places whereby Mean and Stipendary Preachers are entertained to serve the Cures there who wholly depending for their Maintenance upon the good will and liking of their Auditors have béen and are hereby under temptation of too much complying and suiting their Doctrine and Teaching to the humour rather then good of their Auditors which hath béen a great occasion of Faction and Schism and of the contempt of the Ministry The Lords and Commons in Parliament Assembled being deeply sensible of the ill consequence thereof and piously desiring able Ministers in such places and a competent setled Maintenance for them by the Vnion of Churches which is also become necessary by reason of the great Ruine of many Churches and Parishes in the late ill times and otherwise Do therefore most humbly beséech Your most Excellent Majesty That it may be Enacted and be it Enacted by the Kings most Excellent Majesty In what Cities and Towns and how Churches and Chappels may be united by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by the Authority of the same That in every City or Town Corporate and their Liberties within the Kingdom of England and Dominion of Wales which
Exchequer is open to have access unto and review and peruse all or any of the said Books for their Information of the State of those Moneys and all Engagements upon them for their better encouragement to lend any Moneys or furnish any Goods Wares Victuals Ships or other Necessaries as aforesaid And that the Auditor of the Receipt his Deputies and Clerks shall be assistant to such persons for their better and spéedier satisfaction in that behalf And that all and every person and persons who shall lend any Moneys to Your Majesty and pay the same into the Receipt of the Exchequer shall immediately have a Tally of Loan struck for the same and an Order for his Repayment bearing the same Date with his Tally in which Order shall be also contained a Warrant for payment of Interest for forbearance after the Rate of Sir per Cent. per annum for his consideration to be paid every thrée Moneths until the repayment of his Principal And that all person and persons who shall furnish Your Majesty Your Officers of the Navy or Ordnance with any Wares Goods Ships Victuals or any other Necessaries for the Service aforesaid shall upon Certificate of the Commissioners and Officers of the Navy or of the Master or Commissioners and Officers of the Ordinance or some of them without delay forthwith have made out to them Warrants or Orders for the payment of the Moneys due or payable unto them which Certificates the said Officers of Your Navy Commissioners and Officers of the Ordnance shall make without Fée Charge or Delay And that all Orders for Repayment of Money lent shall be Registred in course according to the Date of the Tallies respectively And that all Orders signed by the Lord Treasurer and Vnder-Treasurer of the Exchequer for payment of Moneys for Goods Wares Victuals and other Necessaries furnished to Your Majesty Your Officers Master or Commissioners as aforesaid shall be Registred in course according to the time of bringing to the Office of the Auditor of Receipt the Certificates above mentioned And that all Orders so Signed for payments directed by His Majesty shall be entred in course according to their respective Dates and none of the sorts of Orders above mentioned either for Loans of Money Supplies of Wares Goods Victuals or other necessaries or by special direction shall have preference one before another but shall all be Entred in their course according to the dates of the Tallies the times of bringing their Certificates and the dates of the Orders for Payments directed by His Majesty as they are in point of time respectively before each other And that all and every person and persons shall be paid in course according as their Orders shall stand Entred in the said Register-Book Be it Orders for Payments directed by His Majesty or of Moneys lent or for Wares Commodities Ships Victuals or other necessaries furnished as aforesaid so as that the person Native or Foreigner his Executors Administrators and Assigns who shal have his Warrant or Order Warrants or Orders first entred in the said Book of Registry shall be taken and accounted as the first person to be paid upon the moneys to come in by vertue of this Act And he or they that shall have his or their Warrants or Orders Warrant or Order next entred shall be taken and accounted the second person to be paid and so successively and in course And that the moneys to come in by this Act shall be in the same order liable to the satisfaction of the said respective parties their Executors Administrators or Assigns successively without preference of one before another and not otherwise and not be divertible to any other use intent or purpose whatsoever And that no Fée Reward or Gratuity directly or indirectly be demanded or taken of any Your Majesties Subjects for providing or making of any such Books Registers Entries View Search or Certificate in or for payment of money lent or the Interest thereof or for payment of any money upon any Order upon any Contract for Wares and Goods furnished to the use of Your Majesties Navy and Ordnance as aforesaid by any of Your Majesties Officer or Officers their Clerks or Deputies on pain of payment of treble damages to the party grieved by the party offending with Costs of Suit And if the Officer himself take or demand any such Fée or reward then to lose his place also And if any undue preference of one before another shall be made either in point of Registring contrary to the true meaning of this Act by any such Officer or Officers then the party offending shall be liable by Action of Debt or on the Case to pay the value of the Debt Damages and Costs to the party grieved and shall be forejudged from his Place or Office And if such preference be unduly made by any his Deputy or Clerk without direction or privity of His Master then such Deputy or Clerk onely shall be liable to such Action Debt Damages and Costs and shall be for ever after uncapable of his Place or Office And in case the Auditor shall not direct the Order or the Clerk of the Pells Record or the Teller make payment according to each persons due place and order as afore directed then he or they shall be judged to forfeit and their respective Deputies and Clerks herein offending to be liable to such Action Debt Damages and Costs in such manner as aforesaid All which said Penalties Forfeitures Damages and Costs to be incurred by any of the Officers of the Exchequer Navy or Ordnance or any their Deputies or Clerks shall and may be recovered by Action of Debt Bill Plaint or Information in any of His Majesties Courts of Record at Westminster wherein no Essoyn Protection Priviledge Wager of Law Injunction or Order of restraint shall be in any wise granted or allowed Entries of Tallies or Certificates dated the same day Provided always and be it hereby Declared That if it happen that several Tallies of Loan or Certificates for Wares delivered or Orders for Payments directed by Your Majesty as aforesaid bear date or be brought the same day to the Auditor of the Receipt to be Registered then it shall be interpreted no undue preference which of these he enters first so he enters them all the same day Provided also That it shal not be interpreted any undue preference to incur any penalty in point of payment If the Auditors direct and the Clerk of the Pells record and the Teller do pay subsequent Orders of persons that come and demand their money and bring their Orders before other persons that did not come to demand their money and bring their Order in their course so as there be so much money reserved as will satisfie their Orders which shall not be otherwise disposed but kept for them Interest upon Loan being to cease from the time the money is so reserved and kept in bank for them Rights and titles to money sent
said Mayor and Court of Aldermen who upon deliberate hearing of all Parties shall finally determine the same without further or other Appeal Common Sewers Drains and Vaults c. And be it further Enacted by the Authority aforesaid That the numbers and places for all common Sewers Drains and Vaults and the order and manner of paving and pitching the Stréets and Lanes within the said City and Liberties thereof shall be designed and set out by such and so many persons as the said Mayor Aldermen and Commonalty in Common Council assembled shall from time to time authorize and appoint under their Common Seal or the more part of them which said persons so authorized and appointed or any seven or more of them together with the said Surveyors or some or one of them within his or their Precinct respectively shall at their méeting have power and authority to order and direct the making of any new Vaults Drains and Sewers or to cut into any Drain or Sewer already made and for the altering inlarging amending cleansing and scouring of any old Vaults Sinks or Common Sewers For the better effecting whereof it shall and may be lawful to and for the said persons so authorized and appointed as aforesaid or any seven or more of them at their said méeting to impose any reasonable Tax upon all Houses within the said City and Liberties thereof in proportion to the benefit they shall receive thereby for and towards the new making cutting altering inlarging amending cleansing and scouring all and singular the said Vaults Drains Sewers Pavements and Pitching aforesaid And in default of payment of the said sums so to be charged it shall and may be lawful to and for the said persons so authorized as aforesaid or any seven or more of them by Order and Warrant under their hands and seals to levy the said sum and sums of money so assessed by Distress and sale of the goods of the party chargeable therewith and refusing or neglecting to pay the same rendring the overplus if any be And that all other Commissioners whatsoever be altogether suspended to intermeddle in the premisses within the said City and Liberties thereof for the space of seven years next and for so long after until the said intended Buildings shall be fully finished Any Law or Statute to the contrary in any wise notwithstanding And be it further Enacted That it shall and may be lawful to and for the Lord Mayor Noysome Trades prohibited in the High Streets Aldermen and Common Council of the said City from time to time to prohibit such Trades and Occupations as they shall judge noisom or perilous in respect of Fire to be used or exercised in the high or principal Stréets of the said City And forasmuch as the fréedom of openness of the Stréet conduceth much to the advancement of Trade and Ornament of the City Be it further Enacted That it shall and may be lawful to and for the said Mayor Aldermen and Commonalty by Order of Common Council in that behalf to be made from time to time and at their will and pleasure Removing of Conduits in High Streets to remove out of any of the high Stréets all or any of the Conduits now standing or hereafter to be erected and to set up and to erect the same in such other publick places within the said City as they shall think fit or to contract the same into any smaller or lesser compass in the places where they now stand or hereafter shall be erected as aforesaid according to their discretions And whereas many antient Stréets and Passages within the said City and Liberties thereof and amongst others those which are hereafter mentioned were narrow and incommodious for Carriages and Passengers and prejudicial to the Trade and Health of the Inhabitants and are necessary to be inlarged as well for the Convenience as Ornament of the City Be it Enacted by the Authority aforesaid That the Mayor Aldermen and Commons of the said City for the time being in Common Council assembled shall and may What Streets may be opened and enlarged and are hereby impowred and required to inlarge all and every the Stréets and Places hereafter mentioned where and in such manner as there shall be cause by and with the Approbation of His Majesty and not otherwise That is to say The Stréet called Fleetstreet from the place where the Greyhound-Tavern stood to Ludgate and from thence to Saint Paul's Church-yard The Stréet leading from the East end of Saint Pauls Church into Cheapside The Stréet and Passage at the East end of Cheapside leading into the Poultry The Stréet and Passage out of the Poultry leading into the West end of Cornhill at or near the place late called the Stocks The Stréet called Blow-bladder Street leading from the West end of Cheapside towards Newgate-Market And to inlarge the Stréet and Passage from thence towards Newgate-Market by laying the Ground where the Middle-Row in the Shambles there lately stood into the said Stréet and in like manner to inlarge the Passage from Newgate-Market towards Newgate by laying the Ground of the late four Houses betwéen Warwick-Lane end in Newgate-Market and the late Bell-Inne there into the Stréet And in like manner to inlarge as there shall be cause the Lane called Ave-Maria-Lane leading from Pater-Noster-Row to Ludgate-Street And the Stréet or Passage at the end of Saint Martins le Grand towards Blow-bladder Street aforesaid And also the Passage from Saint Magnus Church to the Conduit in Gracious-Street and the North end of Gracious-Street and also Thames-Street from the West-corner of Saint Magnus Church aforesaid to the Tower-Dock and to inlarge Old Fish-Street by laying the Middle-Row there into the Stréet And the said Mayor Aldermen and Common Council also shall and may by vertue of this present Act inlarge and make wider any other such strait and narrow passages within the said City as are less then fourtéen foot in breadth So as notice be given to the Owners or parties interessed in the Ground to be so taken for the inlarging thereof on or before the First day of May next ensuing And are and shall be also further enabled by vertue of this Act to make or cause to be made a new Stréet leading and extending from the Guild-Hall of the said City into Cheapside the same to be of such breadth and wideness as they shall judge méet and convenient And to the end that reasonable satisfaction may be given for all such Ground as shall be taken and imployed for the uses aforesaid The Mayor Aldermen Satisfaction to be made for Ground and Common Council shall and may treat and agrée with the Owners and others interessed therein And if there shall be any Persons Bodies Corporate or Collegiate that shall wilfully refuse to treat and agrée as aforesaid or through any disability by Nonage Coverture or especial Entail or other impediment cannot That in such cases the said Lord Mayor
and Court of Aldermen are hereby authorized by vertue of this Act to issue out a Warrant or Warrants to the Sheriffs of London who are hereby required accordingly to Impannel and return a Iury before the said Lord Mayor and Court of Aldermen Which Iury upon their Oaths to be administred by the said Lord Mayor and Court of Aldermen are to Inquire and Assess such Damage and Recompence as they shall judge fit to be awarded to the Owners and others interested according to their several and respective Interests and Estates of and in any such Houses or Ground or any part thereof for their respective Interests and Estates in the same as by the said Lord Mayor Aldermen and Commons in Common Council assembled shall be adjudged fit to be converted for the purposes aforesaid And such Verdict of the Iury and Iudgement of the said Lord Mayor and Court of Aldermen thereupon and the payment of the sum or sums of money so awarded or adjudged to the Owners and others having Estate or Interest or Tender and refusal thereof shall be binding to all intents and purposes against the said Parties their Heirs Executors Administrators and Assigns and others claiming any Title or Interest in the said Houses or Ground and shall be a full Authority for the said Lord Mayor Aldermen and Commons to cause the same to be converted and used for the purposes aforesaid Houses which shall be bettered in value And forasmuch as the Houses now remaining and to be rebuilt will receive more or less advantage in the value of their Rents by the liberty of Air and frée Recourse for Trade and other Conveniencies by such Regulation and Inlargement It is also Enacted by the Authority aforesaid That in case of refusal or incapacity as aforesaid of the Owners or others interessed of or in the said Houses to agrée and compound with the said Lord Mayor Aldermen and Commons for the same Thereupon a Iury shall and may be Impannelled in manner and form aforesaid to Iudge and Assess upon the Owners and others interessed of and in such Houses such competent sum and sums of Money with respect to their several Interests in consideration of such improvement and melioration as in reason and good conscience they shall think fit And all sums of Money that shall be so Assessed and Raised as aforesaid shall be paid to the Chamberlain of the City of London for the time being who is hereby enabled from time to time to receive and recover the same by Action at Law and whose Receipt shall be a good Discharge to such Owners or others interessed And who is hereby appointed to receive and pay and be accomptable for the same according to such Directions as shall from time to time be given him by the said Lord Mayor Aldermen and Commons And the Money so raised shall be wholly imployed towards payment and satisfaction of such Houses and Ground as shall be converted into Stréets Passages Markets and other publick places aforesaid And such satisfaction so given or tendered and refused as aforesaid shall devest the Propriety Estate and Interest of the respective Owners and others having Interest of and in such parcels of Ground so to be taken and imployed for the uses aforesaid by vertue of this Act Which shall be and are hereby actually Setled and Invested in the said Lord Mayor Commonalty and Citizens of the City of London and their Successors in like manner as other the Common-stréets and High-ways within the said City Who may hear and determine differences of several claims of Estates And in case any Controversies or Differences shall happen to arise betwéen several persons that shall claim several Estates or Interests into or out of any Grounds to be sold by the said Mayor Aldermen and Common Council or by them to be taken and disposed of by vertue and in pursuance of this Act to and for the uses aforesaid That then the Iustices of the Courts of Kings Bench and Common Pleas and Barons of the Coif of the Exchequer for the time being or any thrée or more of them shall be and are hereby authorized to hear and finally to order and determine the same in a summary way of procéeding and without the formalities or ordinary course of procéedings used in any the said Courts to order and award such Distribution to be made of the Money thereby arising for the satisfying of such several Interests and Claims as to them shall séem just and reasonable according to the respective Estate or Estates Title or Interests of the person or persons making Claim thereunto According to which order and distribution to be made and appointed by the said Iustices and Barons or any three or more of them the said Purchase-money shall be satisfied and paid by the said Chamberlain to the said several persons respectively The second of September appointed a day of Humiliation in the City yearly forever And that the said Citizens and their Successors for all the time to come may retain the Memorial of so sad a Desolation and reflect seriously upon their manifold Iniquities which are the unhappy causes of such Iudgements Be it further Enacted That the Second day of September unless the same happen to be Sunday and if so then the next day following be yearly for ever hereafter observed as a day of Publick Fasting and Humiliation within the said City and Liberties thereof to implore the Mercies of almighty God upon the said City to make devout Pray and Supplication unto him to divert the like Calamity for the time to come A Pillar to be set in memory of the Fire And the better to preserve the memory of this Dreadful Visitation Be it further Enacted That a Column or Pillar of Brass or Stone be erected on or as near unto the place where the said Fire so unhappily began as conveniently may be in perpetual Remembrance thereof with such Inscription thereon as hereafter by the Mayor and Court of Aldermen in that behalf be directed Tender of money at the Assurance Office or the Royal Exchange And be it Enacted And it is hereby Enacted by the Authority aforesaid That all Tenders of Money or Payment thereof which by any Bonds Covenants or other Obligations or Assurance whatsoever ought to be made in the late Assurance-Office or in any other place on the late Royal Exchange London shall or may be made at or in the present Assurance-Office in Gresham-House And shall be as valid and legal to all intents and purposes and discharge the Obligor as fully and amply as if they had béen made in the first intended place on the said Royal Exchange And it is hereby further Enacted That the Parish-Churches to be Rebuilded within the said City of London in lieu of those which were Demolished by the late Fire Parish Churches to be rebuilded shall not excéed the number of Thirty nine Which shall be set out and appointed by and with the
twenty hours give in his Post-entry and satisfie and pay the whole Duty for the surplusage of Coals appearing upon the unlading of such Ship or Vessel That then upon such payment the penalty aforesaid shall be discharged How the said Imposition shall be disposed And be it further Enacted That all and every such sum and sums of Money which shall be raised upon the Receipt of the said Imposition of Twelve pence for every Chaldron or Tun of Coals or by such additional Duty in case of concealment as aforesaid shall in the first place be applied and disposed unto and for the satisfaction of such persons whose Grounds shall by vertue and in pursuance of this Act be taken and imployed for the inlarging of the Stréets and narrow Passages within the said City And after satisfaction given for the same the residue of the said Moneys shall be applied and disposed unto and for the satisfaction of such persons whose Grounds shall be imployed for the making of Wharfs or Keys on the North-side of the River of Thames and upon each side of the Sewer called by the name or names of Bridewell-Dock Fleet-Ditch and Turnmill-Brook and also for the building and making such Prisons within the said City as shall be necessary for the safe Custody and Imprisonment of Felons and other Malefactors And the Accompts of Reâ—eiâ—s and disbursements thereof kept And to the end the Moneys to be raised upon the Imposition aforesaid may be duly applied to the uses for which the same is by this Act appointed Be it further Enacted That there shall from time to time be provided and kept in the Chamber of London one or more Book or Books of Vellam or Parchment in which all moneys thereupon to be received shall from time to time be entred and set down And also other like Book or Books wherein the Accompts of all Payments and Disbursements out of the same shall be likewise entred expressing the time when the occasion for which and the name of the person or persons to whom the same were so paid or disbursed And that it shall and may be lawful to and for all and every person and persons that shall or may be in any wise concerned so to do to have frée access unto and view the said respective Books of Receipts and Disbursements at all times when the Chamberlains Office is open without any Fée or Reward to be taken or demanded for the view or inspection thereof And that the Chamberlain of London for the time being before the end of Michaelmas Term in every year shall transmit and upon his Oath deliver into the Receipt of the Exchequer a true Copy or Duplicate of the aforesaid Books of Accompts containing the Receipts and Disbursements of all moneys which shall be raised and paid by or out of the said Imposition upon Coals in the year preceding and ending upon the Four and twentieth day of June next before there to be received gratis by the proper Officer and kept amongst the Records of the said Court where it shall also be lawful for any person or persons who shall be in any wise concerned so to do to have access thereunto and to view and peruse the said Books of Accompts without any Fée or Reward to be taken or received for the same Thomas Morris his Water-House Provided always That it shall and may be lawful for the Water-house called Mr. Thomas Morris his Water-house formerly adjoyning to London-Bridge to be rebuilt upon the place it formerly stood with Timber for the supplying the South-side of the City with water as it for almost this hundred years hath done Any thing in this Act to the contrary in any wise notwithstanding Water-Lane Street Provided also And it is hereby further Enacted by the Authority aforesaid That the Lord Mayor and Aldermen of London may and shall open and inlarge a Stréet or Passage called Water-Lane leading from Fleetstreet to White-Friers-Dock by the River of Thames as also open and inlarge a Stréet or Passage to the said River from Cheap-side through Soper-Lane to Thames-Street and from the Three-Cranes to the Thames And open and inlarge one other Stréet or Passage through Mincing-Lane Mincing-Lane by St. Dunstans in the East to Thames-Street near the Custom-House And to make the said Stréets or Passages twenty four foot in breadth for the conveniency of Trade and better passage of Carts and other Carriages to and from the said River giving notice of what they shall herein resolve to the Proprietors and Persons concerned before the last day of May which shall be in the year of our Lord One thousand six hundred sixty seven and giving them satisfaction for their Ground according to the Rules and Directions of this Act for the inlarging of other Stréets and Places A Scheme of Proportions and Scantlings for Stories Walls and Timbers for the Building of lesser and larger Houses within the City of LONDON Brick Division of Story  Height of Story  Thickness of Walls   Bricks    Foot   Bricks   First sort being the least Houses fronting by-streets Lanes Cellars  6½  To the first floor 2  1½ 1 Story  9  2d 1½  1½ 2 Story  9  3d 1½  1½ Garrets      1  1   Where the Spring prevent not      2  Cellars  6 2 1  To the first Floor 2½  1½ Second sort Houses fronting all streets lanes of note and River of Thames 1 Story  10  2d 2 Thickness of Walls between House and House 1½ 2 Story  10 Thickness of Walls in Front and Reer from the Foundation 3d 2  3 Story Not less in height clear then 9 4th 1½ 1½  Garrets     1  1  1 Story  10  1st 2½  2 Third sort Houses fronting all High-streets and Lanes of note 2 Story  10½  2d 1½  1½ 3 Story  9  3d 1½  1½ 4 Story  8½  4th 1½  1½ Garrets     1  1 Scantlings of Timber for the first sort of Houses   Foot Inches  Inches For the Floors Summers under 15 12 and 8 Wall-plates  7 and 5   Foot at foot 8 6 Inches For the Roof Principal Rafters under 15 at top 5 Single Rafters 4 and 3 Inches  Length Foot Thickness  Depth Joysts to 10 3 7 Inches Garrets-floors  3  6 Scantlings of Timber for the other two sorts of Houses For the Floors Summers or Girders which bear in length from Foot  Foot Breadth Inches  Depth Inches  Thickness Inches Depth Inches 10 to 15 11 and 8 Joysts which bear 10 Foot 3 6 15  18 13  9 3 7 18  21 14  10 3 7 21  24 16  12 3 8 24  26 17
thereby Be it further Enacted by the Authority aforesaid That there shall be provided and kept in your Majesties Exchequer to wit in the Office of the Auditor of the Receipt one Book or Registry in which all Moneys that shall be paid into the Exchequer arising or payable by this Act shall be entred and registred apart and distinct from all other Moneys paid or payable to your Majesty or to your Heirs or Successors upon any other branch of your Revenue or upon any other account whatsoever And that there be one other Book or Registry provided and kept in the said Office of all Orders and Warrants to be made by the Lord Treasurer or Vnder-Treasurer or by the Commissioners of the Treasury for the time being for payment of all and every sum and sums of Moneys to all persons for Moneys lent Wares Goods or Victuals or other necessaries bought or Ships hired or other payments directed by your Majesty relating to the Service of this War upon the Moneys arising and payable by this Act and that no Moneys levyable by this Act be issued out of the Exchequer but by such Order or Warrant mentioning that the Moneys payable by such Order or Warrant are for the service of your Majesty in the said War respectively during the said War That also there be the like Book or Registry provided and kept by the said Auditor of all Moneys paid out or issued by vertue of such Orders and Warrants and that it shall be lawful for any person or persons willing to lend any Moneys or to furnish any Wares Victuals Ships Goods or other necessaries on the Credit of this Act at the usual times when the Exchequer is open to have access unto and view and peruse all or any of the said Books for their information of the state of those moneys and all ingagements upon them for their better encouragement to lend any moneys or furnish any Goods Wares Victuals Ships or other necessaries as aforesaid And that the Auditor of the Receipt his Deputy or Clerk shall be assistant to such persons for their better and speedier satisfaction in that behalf And that all and every person and persons who shall lend any moneys to your Majesty and pay the same into the Receipt of the Exchequer shall immediately have a Tally of Loan struck for the same and an Order for his repayment bearing the same date with his Tally in which Order shall be also contained a Warrant for payment of Interest for forbearance after the rate of six per cent per annum for his consideration to be paid every six Moneths until the repayment of his Principal And that all person and persons who shall furnish your Majesty your Officers of the Navy or Ordnance with any Wares Goods Ships Victuals or any other necessaries for the service aforesaid shall upon Certificate of the Commissioners and Officers of the Navy or of the Master or Commissioners and Officers of the Ordnance or some of them without delay forthwith have made out to them Warrants or Orders for the payment of the moneys due or payable unto them which Certificates the said Officers of your Navy Commissioners and Officers of the Ordnance shall make without fée charge or delay And that all Orders for repayment of moneys lent shall be Registred in course according to the date of the Tallies respectively and that all Orders signed by the Lord Treasurer and Vnder-Treasurer of the Exchequer for payment of moneys for Goods Wares and Victuals and other necessaries furnished to your Majesty your Officers Master or Commissioners as aforesaid shall be Registred in course according to the time of bringing to the Office of the Auditor of Receipt the Certificates above mentioned and that all Orders so signed for Payments directed by his Majesty shall be entred in course according to their respective Dates and none of the sorts of Orders above mentioned either for Loans of moneys supplies of Wares Goods Victuals Ships or other necessaries or by special direction shall have preference one before another but shall all be entred in their course according to the dates of the Tallies the times of bringing the Certificates and the dates of the Orders for payment directed by his Majesty as they are in point of time respectively before each other And that all and every person and persons shall be paid in course according as their Orders shall stand entred in the said Register-book Be it Orders for payments directed by his Majesty or for moneys lent or for Wares Commodities or other necessaries furnished as aforesaid So as that person his Executors Administrators and Assigns who shall have his Warrant or Order Warrants or Orders first entred in the said Book of Registry shall be taken and accounted as the first person to be paid upon the moneys to come in by vertue of this Act and he or they that shall have his or their Warrants or Orders Warrant or Order next entred shall be taken and accounted the second person to be paid and so successively and in course And that the moneys to come in by this Act shall be in the same order lyable to the satisfaction of the said respective parties their Executors Administrators or Assigns Native or Foreigner successively without preference of one before another and not otherwise and not be divertible to any other use intent or purpose upon any account or reason whatsoever And that no Fee Reward or Gratuity directly or indirectly be demanded or taken of any your Majesties Subjects for providing or making such Books Registers Entries Views Search Certificate in or for payment of money lent or the Interest thereof or for payment of any money upon any Order upon any Contract for Wares and Goods furnished to the use of your Majesties Navy and Ordnance as aforesaid by any of your Majesties Officer or Officers their Deputies or Clerks on pain of payment of treble damages to the party grieved by the party offending with costs of Suit And if the Officer himself take or demand any such Fée or Reward then to lose his place also And if any undue preference of one before another shall be made either in point of Registring contrary to the true meaning of this Act by any such Officer or Officers then the party offending shall be lyable by Action of Debt or on the Case to pay the value of the Debt Damages and Costs to the party grieved and shall be forejudged from his Place or Office And if such preference be unduly made by any his Deputy or Clerk without direction or privity of his Master then such Deputy or Clerk only shall be liable to such Action Debt Damages and Costs and shall for ever after be incapable of the same And in case the Auditor shall not direct the Order or the Clerk of the Pells Record or the Teller make payment according to each persons due place and order as afore directed then he or they shall be judged to forfeit and
time wherein the said offence shall be committed CAP. XI A Repeal of the Branch of a Statute primo Elizabethae concerning Commissioners for Causes Ecclesiastical VVHereas in the Parliament holden in the first year of the reign of the late Quéen Elizabeth late Quéen of England there was an Act made and established Intituled An Act restoring to the Crown the antient Jurisdiction over the State Ecclesiastical and Spiritual St. 1 Eliz. 2 and abolishing all Forreign Power repugnant to the same In which Act amongst other things there is contained one Clause Branch Article or Sentence whereby it was Enacted to this effect Namely That the said late Quéens Highness her Heirs and Successors Kings or Quéens of this Realm should have full power and authority by vertue of that Act by Letters Patent under the Great Seal of England to assign name and authorite when and as often as her Highness her Heirs or Successors should think méet and convenient and for such and so long time as should please her Highness her Heirs or Successors such person or persons being natural born Subjects to her Highness her Heirs or Successors as her Majesty her Heirs or Successors should think méet to exercise use occupy and execute under her Highness her Heirs and Successors all manner of Iurisdictions Priviledges and preheminence in any wise touching or concerning any Spiritual or Ecclesiastical Iurisdiction within these her Realms of England and Ireland or any other her Highnesse Dominions and Countries and to visit reform redresse order correct and amend all such errors heresies schismes abuses offences contempts and enormities whatsoever which by any manner Spiritual or Ecclesiastical power Authority or Iurisdiction can or may lawfully be reformed ordered redressed corrected restrained or amended to the pleasure of Almighty God the increase of vertue and the conservation of the Peace and Vnity of this Realm And that such person or persons so to be named assigned authorized and appointed by her Highness her Heirs or Successors after the said Letters Patents to him or them made and delivered as aforesaid should have full power and Authority by vertue of that Act and of the said Letters Patents under her Highness her Heirs or Successors to exercise use and execute all the Premisses according to the tenor and effect of the said Letters Patents any matter or cause to the contrary in any wise notwithstanding And whereas by colour of some words in the aforesaid Branch of the said Act High Commission Court whereby Commissioners are Authorized to execute their Commission according to the tenor and effect of the Kings Letters Patents and by Letters Patents grounded thereupon the said Commissioners have to the great and insufferable wrong and oppression of the Kings Subjects used to fine and imprison them and to exercise other Authority not belonging to Ecclesiastical Iurisdiction restored by that Act and divers other great mischiefs and inconveniences have also ensued to the Kings Subjects by occasion of the said Branch and Commissions issued thereupon and the executions thereof Therefore for the repressing and preventing of the aforesaid abuses mischiefs and inconveniencies in time to come Be it Enacted by the Kings most Excellent Majesty The said branch of the stat 1 El. c. 2. repealed and the Lords and Commons in this present Parliament Assembled and by the Authority of the same That the foresaid Branch Clause Article or Sentence contained in the said Act and every word matter and thing contained in that Branch Clause Article or Sentence shall from henceforth be repealed annulled revoked annihilated and utterly made void for ever any thing in the said Act to the contrary in any wise notwithstanding Rep. St. 13 Car. 1. cap. 11. And be it also Enacted by the Authority aforesaid that no Archbishop Bishop Power taken away from Archbishops Bishops and other Ecclesiastical persons and Courts Exp. St. 13. Car. 2. c. 12. nor Vicar-General nor any Chancellor Official nor Commissary of any Arch-bishop Bishop or Vicar-General nor any Ordinary whatsoever nor any other Spiritual or Ecclesiastical Iudg Officer or Minister of Iustice nor any other person or persons whatsoever exercising Spiritual or Eccesiastical Power Authority or Iurisdiction by any Grant License or Commission of the Kings Majesty his Heirs or Successors or by any power or authority derived from the King his Heirs or Successors or otherwise shall from and after the first day of August which shall be in the year of our Lord God one thousand six hundred forty and one award impose or inflict any pain penalty fine amerciament imprisonment or other corporal punishment upon any of the Kings Subjects for any contempt misdemeanor crime offence matter or thing whatsoever belonging to Spiritual or Ecclesiastical cognizance or Iurisdiction Oath ex officio St. 13 Car. 2. cap. 12. or shall ex officio or at the instance or promotion of any other person whatsoever urge enforce tender give or minister unto any Churchwarwarden Sydeman or other person whatsoever any corporal Oath whereby he or she shall or may be charged or obliged to make any presentment of any crime or offence or to confess or to accuse himself or her self of any crime offence delinquency or misdemeanor or any neglect matter or thing whereby or by reason whereof he or she shall or may be lyable or exposed to any censure pain penalty or punishment whatsoever upon pain and penalty that every person who shall offend contrary to this Statute Penalty treble damages and one hundred pounds shall forfeit and pay treble damages to every person thereby grieved and the sum of One hundred pounds to him or them who shall first demand and sue for the same which said Treble damages and sum of One hundred pounds shall and may be demanded and recovered by Action of Debt Bill or Plaint in any Court of Record wherein no priviledg Offendors convicted disabled from any office or imployment by the Kings Letters Patents Essoin protection or wager of Law shall be admitted or allowed to the Defendant And be it further Enacted That every person who shall be once convicted of any act or offence prohibited by this Statute shall for such act or offence be from and after such conviction utterly disabled to be or continue in any office or imployment in any Court of Iustice whatsoever or to exercise or execute any power authority or jurisdiction by force of any Commission or Letters Patents of the King his Heirs or Successors And be it further Enacted That from and after the said first day of August No new Court to be erected with the like power no new Court shall be erected ordained or appointed within this Realm of England or Dominion of Wales which shall or may have the like power jurisdiction or Authority as the said High Commission Court now hath or pretendeth to have But that all and every such Letters Patents Commissions and Grants made or to be made by his
and letting to Ferme the said Office of Clerk of the Market and the Execution thereof in and through all or the most of the several Counties of this Kingdome for great sums of Money which the said Fermours or Grantées by their unjust and undue procéedings in the said Office do extort from his Majesties Subjects again to their great impoverishment and yet little or no redress at all in their said Weights or Measures or any benefit thereby accruing to his Majesty For remedy whereof and for regulating of all Weights and Measures according to the true intent of this Statute and the other Statutes in the behalf formerly made and provided and preventing the said inconveniencies There shall be but one measure one weight and one yard St. 9 H. 3 25. 14 E. 3. 12. 27 E. 3. 10. Be it therefore Enacted by the Kings most Excellent Majesty the Lords and Commons of this present Parliament assembled and by the Authority of the same That from henceforth there shall be but one Weight one Measure and one Yard according to the Standard of the Exchequer throughout all the Realm as well in places priviledged as without Any usage or custome to the contrary notwithstanding And that every Measure of Corn shall be striked without heap And whosoever shall sell by or kéep any other Weight Measure or Yard then as aforesaid whereby any Corn Grain or other thing is bought or sold after six moneths after the end of this present Session of Parliament shall forfeit for every such offence five shillings Forfeiture being thereof lawfully convicted by the Oath of one sufficient Witness before any Iustice of Peace Mayor or other head Officer of the County City or Town Corporate respectively where the said Offence shall be committed Who by vertue of this Act shall have power to administer an Oath in that behalf How to be levyed Which said sum or penalty of five shillings shall be levyed by the Church-wardens and Overséers of the Poor of the Parish or some or one of them where such Offence is or shall be committed to the use of the Poor of the same Parish of the Goods and Chattels of such Offenders by way of Distress and Sale of the Offenders Goods rendring the Overplus to the party so offending And in default of such Distress it shall be lawful for any Iustices of Peace Mayor or other head Officer of the County City or Town corporate respectively to commit the said party to the Prison or Gaol there to remain without Bail or Mainprise untill he shall pay such sums of Money forfeited as aforesaid And be it further Enacted by the Authority aforesaid Clerk of the Market his limits That no Clerk of the Market of the Kings House which now is or hereafter shall be or of the Prince His Highnesse His Heirs or Successours which is or shall be Duke of Cornewall or His or Their Deputy or Deputies shall hereafter execute his or their said Office or Offices respectively in any part of the Kingdom but only within the Verge of the Kings Court where it shall then reside for the time being And that it shall be alwayes hereafter lawful for any Mayor Mayor head Officer and Lords of Liberties have power as clerks of the Market or other head Officer of any City Burrough or Town Corporate or for any Lord or Lords of Liberty Liberties or Franchises his or their Deputy or Deputies or Agents according to their several Liberties and Iurisdictions to have full power to execute the said Offices respectively as they ought or might have done before the making of this Act And for the more ease of his Majesties Subjects Be it further Enacted Forfeiture of â—lerke of the Market for offences That if any Clerk of the Market within his aforesaid precincts and limits of the Verge of the Kings house only or any Mayor or other Officer whatsoever who by vertue of this Act shall have power to inquire of any abuses in Weights and Measures shall seal or give allowance unto any other Weight or Measure Weights or Measures other then according to the said Standard of the Exchequer or shall upon reasonable request and warning refuse to seal or give allowance unto such Weight or Measure Weights or Measures as are according to the said Standard of the Exchequer paying only such Fée or Fées for such allowance as by the Statute or Statutes or by ancient custome are in that behalf formerly provided and allowed and no more That then the said Clerk of the Market Mayor and other Officer or Officers of such City Burrough or Town and the said Lord and Lords of Liberty or Liberties and his and their Deputy and Deputies and Agents respectively shall forfeit for every such offence five pounds to be levyed as aforesaid to the use of the poor of the parish where such offence is or shall be committed And be it further Enacted by the Authority aforesaid That if the Clerk of the Market Forfeiture for taking unlawful fines or fees his Deputy or Deputies or Agents within the Verge aforesaid or any Mayor or any other Officer or Officers of any City or Town or any Lord or Lords of Liberties his or their Deputy or Deputies Agents or Assigns respectively shall take or receive of any of his Majesties Subjects by colour of the said Office any common Fine or Fines or any Fées other then are formerly allowed by the Statute or Statutes or ancient custome in that behalf made or used shall take any Fée or Fées or other sum of money Reward or consideration for the making Signing or Examination of any Weights or Measures which have béen formerly Marked or Sealed or shall Impose or Assess or cause to be Imposed or Assessed any Fine or Amerciament Fines or Amerciaments without a due and legal trial of the Offences for which the said Fine or Fines Amerciament or Amerciaments are Imposed or Assessed or shall otherwise misdemean himself in the execution of his said Office and be thereof lawfully convicted He shall forfeit for the first Offence whereof he shall also be so lawfully convicted five pounds And for the second offence ten pounds And for the third offence and every other offence afterwards twenty pounds to be levyed as aforesaid to the use of the pâ—or of the Parish where such offence shall be committed And be it Enacted That whosoever shall be fined or amerced by vertue of this Act St. 13 R. 1. 4. Persons â—ined by this Act not to be â—ined upon any former law Rents of ferms of corn excepted shall not be again fined or amerced for the same offence by vertue of any former Law or Statute Provided alwayes That this Act or Statute shall not extend to the Rents of Ferms or Lands or any Corn or Grain due or payable to any Lord or Lords or any Colledges Houses or other Societies by vertue of any â—ease or Leases or other Covenant or Agreement
And it is further provided and Enacted That every person or persons hereby pardoned may plead the General Issue without special pleading of this Pardon and give this Act of Pardon in evidence for his discharge and that the same shall be thereupon allowed and the advantage thereof had as fully to all intents and purposes as if the same had béen fully and well pleaded And in such manner as any Iustice of the peace Constable or other Officer questioned for matters acted by them as Officers or in execution of their Offices may have advantage of the matter of their Iustification upon the General Issue by them pleaded by the Laws and Statutes of this Kingdom Thefts and Felonies since the fourth of March 16â—9 excepted Provided also That this Act nor any thing therein contained shall extend or be interpreted to extend to pardon any person or persons whatsoever for any Theft or Stealing of any Goods or other Felonies since the fourth day of March in the year of our Lord one thousand six hundred fifty and nine any thing in this Act contained to the contrary thereof in any wise notwithstanding This Act not to extend to goods to be restored upon an Act for Repeal of two Acts for Sequestrations Provided also That neither this Act nor any thing therein contained shall extend to acquit or discharge any person or persons from making restitution of all such Rents sums of Money Horses Cattel or other Goods which by a certain Act or pretended Act lately made intituled An Act for Repeal of two Acts for Sequestrations are required to be restored to those from whom they were taken Nor shall this present Act be construed to Disable or Bar the respective Owners or Proprietors of and from their several and respective Actions or Suits at Law or in equity for or by reason of the said or any other Rents Moneys Horses Cattle or Goods which since the five and twentieth day of Iuly one thousand six hundred fifty and nine have béen by any person or persons wrongfully received or taken away and for which the said Wrong-doers are not in any wise Indempnified by the said or any other Act of Repeal Goods c. sequestred and actually paid in to any publicks Treasury And be it further Enacted by the authority aforesaid That no person or persons who by vertue of any Order or Warrant mediately or immediately derived from his late Majesty or His Majesty that now is or by vertue of any Act Ordinance or Order of any or both Houses of Parliament or any of the authorities aforesaid or any Committée or Committées acting under them or any of them have seized sequestred levied advanced or paid to any publick use or into any publick Treasury within this Kingdom any Goods Chattels Debts Rents sum or sums of money belonging to any person or persons whatsoever shal hereafter be sued molested or drawn into question for the same but that they and every of them shall be discharged against all persons for so much and no more of the said Goods Chattels Debts Rents sum or sums of money as their several and respective Orders of discharge or acquittances extend unto Persons who have received money privately for his Majesties supply to accompt Provided also That nothing herein contained shall extend to discharge any person or persons who have béen by private order or Instructions imployed and intrusted or have undertaken the imployment to receive any sum or sums of money for the Kings Majesties Service or Supply since the year one thousand six hundred forty and eight from making their accompts for the same Provided also That this Act shall not extend to pardon or discharge from accompts to the Kings Majesty any person or persons for any sum or sums of money received for that Illegal Tax of Decimation Moneys received upon Decimation not pardoned or upon the accompt of any Militia setled or acted in since one thousand six hundred forty and eight and not accompted for or paid over or discharged to or by any that had authority or pretended authority to discharge the respective Receivers of the same Provided also That if any person or persons being His Majesties Menial Servant or Servants or having or pretended to have received particular Instructions or Directions from his Majesty have during the time of such his or their relation unto his Majesty or whilst he or they were acting or pretending to Act for His Majesties Interest in pursuance of the said Instructions or directions Wilfully Maliciously and Trayterously held Intelligence with any forreign Prince or Princes Persons that have had Directions or Instruction from his Majestie and have betrayed their trust or his Majesties Councels excepted State or States or with any person or persons usurping Supreme authority in this Kingdom or other his Majesties Dominions or with their or either of their Ministers or Agents and without his Majesties license and to the intent to betray His Majesties person or Councels or have received any sum or sums of money or pension for such Treachery that then such person or persons as to the offence in this proviso mentioned shall be and is hereby excepted out of this Act any thing herein contained to the contrary notwithstanding so as such person or persons be out-lawed or otherwise legally convicted of such offence or offences within the space of two years from the five and twentieth day of April one thousand six hundred and sixty Duties upon Excise and from Farmers thereof excepted Provided That this Act of General Pardon of any thing therein contained shall not extend to the pardoning or discharging of any Debts or Sums of money due to or for the Excise of any Goods or Merchandize whereof any Entries have béen made in the Custom-house which have grown due since the twenty fifth day of March one thousand six hundred fifty and eight or to the pardoning or discharging of any Debts or Sums of money due to the Farmers or pretended Farmers of Excise since the twenty fifth day of March one thousand six hundred fifty and seven Persons excepted by name Provided also that this Act nor any thing therein contained shall extend to pardon discharge or give any other benefit whatsoever unto John Lisle William Say Sir Hardress Waller Valentine Wauton Tho. Harrison Edward Whalley Wil. Heveningham Isaac Penington Henry Martin John Barkstead Gilbert Millington Edmund Ludlow Sir Michael Livesey Robert Titchbourn Owen Row Robert Lilburn Adrian Scroop John Okey John Hewson William Goffe Cornelius Holland Thomas Challoner John Carew John Jones Miles Corbet Henry Smith Gregory Clement Thomas Wogan Edmond Harvey Thomas Scot William Cawley John Downs Nicholas Love Vincent Potter Augustine Garland John Dixwel George Fleetwood Simon Meyn James Temple Peter Temple Daniel Blagrave Thomas Wait John Cook Andrew Broughton Edward Dendy William Hewlet Hugh Peters Francis Hacker Daniel Axtel nor any of them nor of those two persons or either of
true intent of this Act shall be forfeited and that every offender and offenders therein shall forfeit twenty shillings for every such Shéep and thrée shillings for every pound weight of such Wooll Woolfells Mortlings Shorlings Yarn made of Wooll Woollflocks Fullers Earth or Fulling Clay And also the Owners of the said Ships or Vessels knowing such offence shall forfeit all thei◠Interest in the said Ships or Vessels with all their Apparrel and Furniture to them and every of them belonging And that the Master and Mariners thereof knowing such offence and wittingly and willingly aiding and assisting thereunto shall forfeit all their Goods and Chattels and have Imprisonment for the same thrée moneths without Bail or Main-prise the one moyety of which said penalties and forfeitures shall be to the Kings Majesty His Heirs and Successors and the other moyety to him that will sue for the same by Action of Debt Bill Plaint or Information in any of His Majesties Courts of Record or before the Iustices of Assize or in the General Quarter Sessions of the Peace In which Suit no Essoyn protection or wager of Law shall be allowed The penalty upon any Merchant that shall transport woolls c. And be it further Enacted That if any Merchant or other person or persons shall after the said fourtéenth day of January transport or cause to be transported any Shéep Wooll Woolfells Mortlings Shorlings Woollen Yarn Woolflocks Fullers Earth or Fulling Clay contrary to the true intent of this Act and be thereof lawfully convicted That then he shall be disabled to require any Debt or Accompt of any Factor or others for or concerning any Debt or Estate properly belonging to such offender Proviso Provided alwayes and it is nevertheless declared That this Act or any thing therein contained shall not be construed to take away any greater pains or penalties inflicted or to be inflicted for any the offences aforesaid by vertue of any former Act of Parliament now in force Offences against this Act where to be tryed And be it also further Enacted by the authority aforesaid That every offence that shall be done or committed contrary to this Act shall and may be inquired of and heard examined tryed and determined in the County where such Shéep Wooll Woolfells Mortlings Shorlings Yarn made of Wooll Woolflocks Fullers Earth or Fulling Clay respectively shall be so packed loaden or laid aboard as aforesaid contrary to this Act or else in the County where such Offenders shall happen to be apprehended or arrested for such offence in such manner and form and to such effect to all intents and purposes as if the same offence had béen wholly and altogether done and committed at and in such County They to be Prosecuted within a year after the offence committed Any person may seize goods contrary to this Act loaded with intent to be transported and shall have the moyety thereof Provided alwayes and be it Enacted by the Authority aforesaid That no person or persons whatsoever shall at any time hereafter be impeached for any offence aforesaid unless such person or persons shall be prosecuted within the space of one year next ensuing such offence committed And be it further Enacted by the Authority aforesaid That it shall and may be lawful to and for any person or persons to seize take and challenge to his or their own use and behoof and to the use of the King His Heirs and Successors all and all manner such Shéep Wooll Woolfells Mortlings Shorlings Yarn made of Wooll Woollflocks Fullers Earth and Fulling Clay as he or they shall happen to sée finde know or discover to be laid aboard in any Ship or other Vessel or Boat or to be brought carried or laid on shore at or near the Sea or any Navigable River or Water to the intent or purpose to be exported transported or conveyed out of the Kingdoms of England or Ireland Town of Berwick Isles or Dominion aforesaid contrary to the true meaning of this Act or to be packed or loaden upon any Horse Cart or other Carriage to the intent or purpose to be conveyed or carried into the Kingdom of Scotland aforesaid and that such person or persons as shall happen so to seize take or challenge any such Shéep Wooll Woolfells Mortlings Shorlings Yarn made of Wooll Woolflocks Fullers Earth or Fulling Clay as aforesaid shall have the full moyety thereof to all intents and purposes Proviso such person shall not be evidence against the offender Provided alwayes That such Person or Persons as shall make any such Seizure or challenge aforesaid to his or their own use shall not be admitted or allowed to give in Evidence upon his or their Oath or Oaths against any Person or Persons which shall happen to be indicted accused or questioned by vertue of this Act or any thing therein contained Forfeiture of the ship if the owner be an Alien or not Inhabiting in England And furthermore be it Enacted by the Authority aforesaid That all and every ship Vessel Hulk Barge or Boat of what kind soever whereof any Alien born or whereof any natural born Subjects not inhabiting within the Realm of England shall be owner or part-owner and wherein any Shéep Wooll Woolfells Mortlings Shorlings Yarn made of Wool Woolflocks Fullers Earth or Fulling Clay shall happen to be shipped put or laid aboard contrary to the true meaning of this Act shall be forfeited to the Kings Majesty His Heirs and Successors Provided alwayes That this Act shall not extend to any Lamb Skin ready drest and prepared fit and useful for Furr or Lynings Proviso Provided also That this Act shall not in any wise extend to the transporting carrying or conveying away of any such Woolfells or Pelts with such Wooll upon them or to any Beds stuffed with Flocks which shall be carried or imployed in any Ship or other Vessel for necessary use only of and about the Ordnance or other thing in or concerning such Ship or Vessel or only for the necessary use of any the Persons in such Ship or Vessel passing or being and which shall not be sold or uttered in any Forreign parts out of the Kingdoms of England or Ireland Ireland Berwick or Town of Berwick Isles or Dominion aforesaid nor to the exporting transporting carrying or conveying of any Wether-shéep or of the Wooll growing upon any such Wether-shéep to be carried alive in any Ship or other Vessel for and towards the only necessary food or diet of or for the Company or Passengers or other Persons therein and for and towards none other purpose Proviso Southampton Jersey Guernsey Provided alwayes and be it further Enacted That this Act or any thing therein contained shall not extend to any such Wooll to be exported or transported out of or from the Port of Southampton only unto the aforesaid Isles of Jersey and Guernsey by or for the only use or behoof of any the Inhabitants of
direction or true intent of any Act or Ordinance or reputed Act or Ordinance of one or both houses of Parliament or of any Convention sitting at Westminster under the Name Stile or Title of a Parliament or assuming that Name Stile or Title shall be and shall be adjudged estéemed and taken to be and to have béen of the same and no other force and effect as if such Marriages had béen had and solemnized according to the Rites and Ceremonies established or used in the Church or Kingdom of England any Law Custom or Vsage to the contrary thereof notwithstanding Issues upon lawfulness of marriages already joyned shall be cryed by Iury And be it further Enacted that where in any Suit commenced or to be commenced in any of the Courts of the common Law any issue hath béen joyned and not already tryed or determined or shall be joyned upon the point of Bastardy or unlawfulness of marriage for or concerning the marriages had and solemnized as aforesaid the same issues shall be tryed by Iury of Twelve Men according to the course of Trial of other issues tryable by Iury at the Common Law and not otherwise Bastardy any Law Statute or Vsage to the contrary thereof in any wise notwithstanding Stat. 13 Car. 2. cap. 11. CAP. XXXIV The Planting Setting or Sowing of Tobacco in England and Ireland prohibited YOur Majesties Loyal and Obedient Subjects The Lords and Commons in this present Parliament assembled considering of how great concern and importance it is That the Colonies and Plantations of this Kingdom in America be defended Protected Maintained and kept up and that all due and possible encouragement be given unto them and that not not only in regard great and considerable Dominions and Countries have béen thereby gained Importance of the plantations of America and added to the Imperial Crown of this Realm But for that the strength and welfare of this Kingdom do very much depend upon them in regard of the employment of a very considerable part of its Shipping and Seamen and of the vent of very great quantities of its Native Commodities and Manufactures as also of its supply with several Commodities which it was wont formerly to have only from Forraigners and at far dearer Rates And forasmuch as Tobacco is one of the main products of several of those Plantations and upon which their Welfare and Subsistence and the Navigation of this Kingdom and vent of its Commodities thither do much depend and in regard it is found by experience That the Tobaccoes Planted in these parts are not so good and wholsome for the Takers thereof And that by the Planting thereof your Majesty is deprived of a considerable part of your Revenue arising by Customs upon Imported Tobacco Do most humbly pray That it may be Enacted by your Majesty And it is hereby Enacted by the Kings most Excellent Majesty and the Lords and Commons in this present Parliament Assembled and by Authority of the same No person after the 1. Ianuary 1660. shall set or plant any Tobacco That no Person or Persons whatsoever shall or do from and after the first day of January in the year of our Lord One thousand six hundred and sixty Set Plant improve to grow make or cure any Tobacco either in Séed Plant or otherwise in or upon any Ground Earth Field or Place within the Kingdom of England Dominion of Wales Islands of Guernsey or Jersey The penalty or Town of Berwick upon Tweed or in the Kingdom of Ireland under the penalty of the Forfeiture of all such Tobacco or the value thereof or of the sum of forty shillings for every Rod or Pole of Ground so Planted set or Sowen as aforesaid and so proportionably for a greater or lesser quantity of Ground one Moyety thereof to His Majesty His Heirs and Successors And the other Moyety to him or them that shall Sue for the same to be recovered by Bill Plaint or Information in any Court of Record wherein no Essoigne Protection or wager in Law shall be allowed All Sheriffs and other officers may destroy any Tobacco planted contrary to this Act. And it is hereby further Enacted That all Sheriffs Iustices of the Peace Mayors Bailiffs Constables and every of them upon Information or Complaint made unto them or any of them by any the Officers of the Customes or by any other Person or Persons whatsoever That there is any Tobacco set sowen planted or growing within their Iurisdictions or Precincts contrary to this Act shall within ten daies after such Information or Complaint cause to be burnt plucked up consumed or utterly destroyed all such Tobacco so set sowen planted or growing The penalty of any person resisting this act And it is hereby further Enacted That in case any Person or Persons shall resist or make forcible Opposition against any person or persons in the due and through Execution of this Act that every such person or persons for every such Offence shall forfeit the sum of five pounds to be divided and recovered in manner aforesaid And in case any person or persons shall not pay the sums of money by them to be paid by vertue of this Act That in every such case Distress shall be made and Sale thereof returning the Over-plus to the Owners And in case no Distress be to be found That then every such party shall be committed to the Common Goal in the County where such Offence shall be committed there to remain for the space of two moneths without bail or main-prize Proviso for private Gardens Provided alwayes and it is hereby Enacted That this Act nor any thing therein contained shall extend to the hindring of the planting of Tobacco in any Physick Garden of either Vniversity or in any other private Garden for Physick or Chirurgery only so as the quantity so planted excéed not one half of one Pole in any one Place or Garden Stat. 13 Car. 2. cap. 14. CAP. XXXV A Post-Office erected and established WHereas for the maintenance of mutual Correspondencies and prevention of many Inconveniencies happening by private Posts The well ordering of postage and letters of great concernment to Trade several publick Post-Offices have béen heretofore erected for carrying and recarrying of Letters by Posts to and from all parts and places within England Scotland and Ireland and several parts beyond the Seas the well Ordering thereof is a matter of general concernment and of great advantage as well for preservation of Trade and Commerce as otherwise To the end therefore that the same may be managed so that spéedy and safe dispatches may be had which is most likely to be effected by erecting one general Post-Office for that purpose Be it therefore Enacted by the Kings most Excellent Majesty A Letter-office erected in London the Lords and Commons in this present Parliament assembled and by the Authority of the same That there be from henceforth one general Letter-Office erected and
paving the Ways and Stréets to be levied by Distress by Warrant under the Hands and Seals of Five or more of the other Commissioners that shall be appointed for the Paving and mending of the Stréets and High-Wayes And be it further Enacted by the Authority aforesaid That no Hackney Coachmen so licensed The several rates allowed for Hackney Coaches shall presume to take for his Hire in or about the Cities of London and Westminster above the rate of ten shillings for a day reckoning twelve hours to the day and by the hour not above eightéen pence for the first hour and twelve pence for every hour after and that no Gentleman or other person shall pay from any of the Inns of Court or thereabouts to any part of St. James or City of Westminster except beyond Tuttle-street above Twelve pence and the same prizes from the same places to the Inns of Court or places thereabouts and from any of the said Inns of Court or thereabouts to the Royal-Exchange twelve pence and if to the Tower of London or to Bishops-gate-stréet or Aldgate or thereabouts eightéen pence and so from the same places to the said Inns of Court as aforesaid The penalty for exacting more and the like rates from and to any place at the like distance with the places before mentioned And if any Coachman shall refuse to go at or shall exact more for his hire then the several rates hereby limited he shall for every such offence forfeit the sum of ten shillings And be it further Enacted That every Coach so licensed as aforesaid shall pay to the Commissioners that shall be appointed for the regulating and Licensing of Hackney-Coaches the yearly rent of five pounds and no more whereof fifty shillings shall be paid at or before the twenty sixth day of May One thousand six hundred sixty and two and the sum of five and twenty shillings at or upon the Feast day of St. Michael the Archangel next coming and Twenty five shillings at the Feast of the Nativity of our Lord Christ and from henceforward to be paid Quarterly at the four most usual Feasts of the Year by equall portions that is to say at the Annunciation of the Blessed Virgin St. John the Baptist St. Michael the Arch-angel and the Nativity of our Lord Christ which said sum and sums of money the said Commissioners for the Hackney-Coaches shall from time to time pay or cause to be paid to the Commissioners appointed for the paving and amending of the Stréets and High-wayes within this Bill contained or to such Treasurer or Receiver as they shall appoint and the said Commissioners for Hackney-Coaches shall likewise from time to time certify to the Commissioners appointed for the paving of the Stréets and High-wayes the names and dwellings of all such persons as they shall license to drive or kéep Hackney-Coaches together with the several Figures or Marks of distinction which are appointed to belong and be affixed to the several Coaches to the intent that discovery may the better be made of any abuses that shall be committed if any shall presume to affix the Figure or Mark of distinction to any Coach which belong of right to another and whereby the Commissioners for the paving and amending the Stréets and High-wayes shall be enabled to call the said Commissioners for the Hackney-Coaches to a true and due accompt And in case any overplus shall be of the Moneys appointed by this Act to be raised for the Paving and Mending the Wayes and Stréets as aforesaid then such overplus shall be imployed towards the Enlargement of such Stréets or places as are to be enlarged by vertue of this Act. And be it further Enacted by the Authority aforesaid That every Load of Hay Every load of hay and straw rated towards mending the street which from the first day of May One thousand six hundred sixty and two shall be brought and stand to be sold upon any the Wayes hereby in this Act expressed and adjudged fit to be new paved shall pay six pence for every Load and likewise every Cart of Straw to be sold in the said places shall after the said day pay two pence which said sums shall be paid to the Commissioners which shall be appointed for the Paving and Amending the High-wayes and Stréets or such as they shall appoint for and towards the Paving of the Stréets and High-wayes And be it further Enacted by the Authority aforesaid That all Fines Rents How the penalties upon this Act may be levied Forfeitures and Penalties as shall grow due and payable to the said Commissioners by this Act shall be levied by Distress upon the Goods and Chattels of the Offender or Offenders by Warrant under the hands and Seals of the Commissioners or any five or more of them which shall be appointed by his Majesty which shall be sold within fourtéen dayes and the Overplus returned to the Owner and in default of Distress or not payment the person or persons so offending or neglecting to pay shall lye in Prison without Bail or Mainprize till he or they have paid such Rent Fine Forfeiture and Penalty as was due from him or them And the said Commissioners for the Stréets and Wayes The Commissioners may appoint a Treasurer Clerk other Officers for the service or any Five or more of them so met as aforesaid are hereby impowred to appoint a Treasurer or Collector and Clerk to attend them or such other Officer or Officers as they shall find necessary for the carrying on of the said Service with such moderate Allowances as shall be fit and in case any person shall propose to carry away the ashes dirt and other filth for all or any the places aforesaid at less rates then the yearly Raker or Vndertaker can or will perform the same the said Commissioners shall have power and are hereby authorized to contract with such person and for such term as they shall think fit and they are also to require an accompt from time to time of all Scavengers within the said places and all other person or persons that shall receive or disburse any moneys for the purposes in this Bill contained And may hear and determine all differences about paving and cleansing the streets as often as they or any Five or more of them so met as aforesaid shall think fitting and necessary and shall hear and determine all Disputes and Differences concerning the Right and Duty of Paving and kéeping clean any of the Stréets Lanes or Allies or publick yards within the places aforesaid The power duties of Scavengers and Rakers Provided alwayes That the respective Scavengers Rakers or other Vndertakers shall have liberty by the approbation of the said Commissioners or any five or more of them so met as aforesaid to lodg their Ashes Dust Dirt or other filth in such vacant publick places in or near the Stréets or High-wayes as shall be thought convenient by the said
Stréets shall be rated taxed assessed raised and paid by the Parishioners and Inhabitants of every Parish and Precinct respectively within the said City and Liberties thereof according to the ancient Custom and usage of the said City And the Receivers of all such moneyes shall be accomptable as formerly And all new Messuages Tenements and Houses within the limits aforesaid shall be likewise rated taxed and assessed and shall pay proportionably with others And that within the City of Westminster the said Officers shall be chosen and the Rates made and paid according to the ancient Custom of the said City How and when to elect Scavengers And in all other the Parishes and places aforesaid upon every Tuesday or Wednesday in Easter-Wéek the Constables Churchwardens and Overséers for the Poor and Surveyors of the High-wayes of every of the said Parishes and places respectively or the greater number of them giving notice unto or calling together such other Inhabitants of their respective Parishes as have formerly born the like Offices therein they or the greater number of them shall make choice of and shall nominate and appoint two or more able persons that are Tradesmen of their Parish to be Scavengers for the Stréets Lanes and other open Passages of each Ward and Division within the said Parish for the year then next following and untill others be chosen and setled in their Places which persons so chosen and being approved and confirmed under the hands of any two Iustices of Peace within their respective Limits and Iurisdictions shall within seven dayes after their Election and Confirmation and notice thereof take that Office and Duty upon them upon pain to forfeit Twenty pounds by every refuser respectively And in case of refusal by any person or persons so chosen and confirmed then other able persons shall be chosen and confirmed in manner aforesaid within seven dayes after such refusal in the place of him or them which shall so refuse and the person or persons so chosen and confirmed and having notice thereof shall undergo the like pain in case of refusal or not taking the said Office and Duty upon him or them within seven dayes after he or they shall be chosen and confirmed and have notice thereof as aforesaid The said Penalties to be disposed and employed for or towards the mending and repairing of the Stréets and Wayes of the same Parish Ward or Division and to be levyed by Distress and Sale of the Goods and Chattels of the Offender by Warrant under the hand and seal of any Iustice of the Peace of any of the places aforesaid to be directed to the Constables or other Officers of the same Parish or any two or more of them rendring the surplusage to the party and in default of distress or not payment within six dayes after demand thereof or notice left in writing at the house or dwelling place of the offender by the said Constables or officers the said offender to be committed to the Goal of the said County or City respectively by the Warrant of any such Iustice under his hand and seal there to remain without Bail or Mainprize untill payment And be it further Enacted by the Authority aforesaid That within twenty dayes after the Election and Confirmation of the said Scavengers as aforesaid the Constables Churchwardens and Overseers for the Poor and of the High-wayes of the said Parishes and places respectively or the greater number of them giving notice unto or calling together such Inhabitants of their respective Parishes as have formerly born the like office therein They or the greater number of them then present shall make and settle a Tax Rate or Assessment Taxes and Assesments to be made yearly by a Pound-rate according to a Pound-rate to be imposed or set upon the Inhabitants of the said Parish Ward or Division for the year following for the purposes aforesaid which being allowed and confirmed by any two of the Iustices of the Peace of the places aforesaid respectively shall be quarterly paid by every respective Inhabitant upon demand made thereof by the Beadle of the Parish or other officer appointed to gather and collect the same And in case of refusal or neglect shall by Warrant of any two such Iustices of the Peace under their hands and seals be levied by distress and sale of the offenders goods and for want of distress by imprisonment of the offender he not being a Peer of this Realm untill payment as aforesaid Provided alwayes and be it Enacted by the Authority aforesaid Actions brought against any Commissioner or Officer imployed by this Act the Defendant may plead the General issue That if any Action or Suit shall be brought or prosecuted by any person or persons against any Iudg Commissioner Iustice of the Peace Constable or other Officer or Minister aforesaid or against any person or persons imployed by them or any of them or authorized by this Act to do or perform as by this Act is directed for any matter cause or thing by them or any of them done committed or executed by vertue or reason of this Act or any Clause or Article therein contained that then in every such case the Action shall be laid in the proper County where the fact was done and not elsewhere and the Defendant or Defendants may plead the General Issue And give the special matter in Evidence and give the special Matter in Evidence at the Tryal That the same was done in pursuance and by Authority of this Act And if upon Examination it shall so appear to be done the Iury shall find for the Defendant and in such case or if the Plaintiff shall be Nonsuit or discontinue his Action after the Defendant hath appeared the Defendant shall have and recover his or their double costs which he or they shall sustain or be put unto by reason of his or their wrongful vexation in defence of the said Action or Suit And whereas the several Stréets and Passages hereafter mentioned that is to say The Stréet or Passage at or near the Stocks in London The enlargement of Passage in narrow and incommodious streets the Stréet and Passage from Fleet-Conduit to St. Pauls Church in London the Passage through the White-Hart-Inn from the Strand into Covent-Garden the Stréet and Passage by and near Exeter-House and the Savoy being obstructed by a Rail and the unevenness of the ground thereabouts the Passage and Stréet of St. Martins-Lane out of the Strand the Passage or Stréet of Field-Lane commonly called Jack-an-apes-lane going betwéen Chancery-Lane and Lincolns-Inn-Fields the Passage and Gate-house of Cheap-Side into St. Pauls Church-yard the Passage against St. Dunstans Church in the West being obstructed by a Wall the Street and Passage by and near the West-end of the Poultrey in London and the Passage at Temple-Bar are so narrow that they are incommodious to Coaches Carts and Passengers and prejudicial to Commerce and Trading The Lord Mayor of London
and others Commissioners may treat with persons concerned for their Interests in houses obstructing such passage Be it Enacted by the Authority aforesaid That the Lord Mayor of the City of London the Recorder and Aldermen for the time being together with such other Commissioners as his Majesty shall appoint under the Great Seal of England or any five of them shall have full Power and Authority to receive all Subscriptions and payments of voluntary contributions of money or other endowments towards the Amendment and Enlargement of the Stréets and Places before-named or so much of them or any of them as the said Commissioners or any five or more of them shall judg fit and necessary And are hereby further impowred to treat and agree with the Owners and Occupiers of any such Houses as they shall judg fit to be removed rebuilt or pulled down or any part of them and upon payment of such sum or sums of money so agréed upon are hereby authorized to appoint Workmen to pull the said houses down or cause the said Owners or Occupiers to rebuild accordingly and this Act shall be sufficient to indempnify the said Commissioners and all persons authorized by them against the Heirs Executors Administrators or Assigns of any the said Owners or Occupiers as if the same had béen sold by Déed Feoffment Bargain and Sale or other Assurance in the Law and done by Fine and Recovery or any other way whatsoever And if there shall be any persons Bodies Corporate or Collegiate that shall wilfully refuse to treat and agrée as aforesaid or through any disability by Non-age Coverture or a special Entail or other Impediment cannot That in such Cases the said Commissioners are hereby authorized by vertue of this Act to issue out Warrant or Warrants to the Sheriffs of London who are hereby required accordingly to impannel and return a Iury before the said Commissioners or any five of them which Iury upon their Oaths to be administred by the said Commissioners are to enquire and assess such damage and recompence as they shall judg fit to be awarded to the Owners and Occupiers or either of them of any such houses or any part thereof for their respective Estates and Interests in the same as by the said Commissioners shall be adjudged fit to be pulled down for the purposes aforesaid and such Verdict of the Iury and Iudgment of the said Commissioners thereupon and the legal payment or tender of the sum or sums of money so awarded and adjudged shall be binding to all intents and purposes against the said Parties their Heirs Executors Administrators and Assigns and others claiming any Title or Interest in the said Houses or in the ground whereupon they stand or thereunto belonging and shall be a full Authority for the said Commissioners or any five of them to cause the same to be executed and the said Houses accordingly to be removed and pulled down And whereas the Houses that shall remain standing on the other side the said Stréet or Stréets or behind the said houses that shall be so pulled down as aforesaid will receive much advantage in the value of their Rents by the liberty of Ayr and frée recourse for Trade and other conveniencies by such enlargement It is also Enacted by Authority aforesaid That in case of refusal or in capacity What may be done in case of refusal to compound with the Commissioners as aforesaid of the Owners or Occupiers of the said houses to agrée and compound with the Commissioners for the same thereupon a Iury shall and may be Impanelled in manner and form aforesaid to Iudg and Assess upon the Owners and Occupiers of such houses such competent sum or sums of money or Annual Rent in consideration of such Improvement and Melioration as in reason and good Conscience they shall judg and think fit which said sum and sums of money or Rent shall be paid to the Chamberlain of the City of London for the time being and such other Treasurer or Treasurers as shall be appointed by the said Commissioners or any five or more of them who are hereby enabled from time to time to receive and recover the same by Action at Law and whose Receipt shall be a good discharge to the said Owners and Tenants and who are hereby appointed to receive and pay and be accomptable for the same according to such directions as shall from time to time be given them by the said Commissioners and the moneys so raised or Rents so received shall be expended upon the Purchasing or Re-building houses on the other side the Stréet and upon Paving and amending of the Ways and Stréets aforesaid according to the purport of this Act. And the said Verdict of the Iury and Iudgment of the Commissioners in the cases aforesaid shall be sufficient and conclusive in Law to all intents and purposes against the said Owners and Occupiers their Heirs Executors Administrators and Assigns Every Commissioner to take an Oath for the faithful performance of this Act. Provided alwayes And be it further Enacted by the Authority aforesaid That no person shall be enabled to act as a Commissioner to the intents and purposes aforesaid untill he shall first have taken his Corporal Oath before the Lord Chancellor or Lord High Treasurer of England for the time being for the due and impartial execution of the Trusts by this Act committed to him Lord Mayor and Aldermen to be commissioners in London The Dean High steward Deputy-steward and two High Burgesses in Westm The continuance of this Act. Provided also That the Lord Mayor Recorder and Aldermen of the City of London for the time being shall be and are hereby authorized to be Ioynt-Commissioners and to exercise all the Powers of this Act to all the ends and purposes thereof which are to be ordered done or executed within the said City or the Liberties thereof And likewise That the Dean of Westminster the High Steward and his Deputy-Steward and the two High Burgesses of the said City of Westminster for the time being shall be and are hereby authorized to be Ioynt-Commissioners and to exercise all the Powers of this Act to all the ends and purposes thereof which are to be ordered done or executed within the said City of Westminster or the Liberties thereof Any thing in this Act to the contrary notwithstanding This Act to continue and be in force untill the end of the First Session of the next Parliament Anno XIV Caroli II. Regis CAP. III. For Ordering the Forces in the several Counties of this Kingdome The sole and supream power and command of the Militia in the Kings Majesty his heirs and Successors 13 Car. 2. cap. 6. FOrasmuch as within all His Majesties Realms and Dominions the sole and Supream Power Government Command and Disposition of the Militia and of 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
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
and is remaining which President Deputy-President and Treasurer for the time being respectively shall for ever hereafter in name and fact be Bodies Politick and Corporate in Law to all intents and purposes and shall have a perpetual Succession and may Sue or Plead or be Sued and Impleaded by the name of the President and Governours for the Poor of the respective places aforementioned in all Courts and places of Iudicature within this Kingdom and the Dominion of Wales and the Town of Berwick upon Tweed and by that Name every of the said Corporations shall and may without License in Mortmain purchase or receive any Lands Tenements or Hereditaments not excéeding the yearly value of Thrée thousand pounds per annum of the Gift Alienation or Devise of any person or persons who are hereby without further License enabled to give the same and any Goods Chattels or sums of Money whatsoever to the use intent and purposes hereafter limited and appointed And the each respective Corporation or any Seven of them shall have hereby Power and Authority from time to time to méet and kéep Courts for the ends and purposes in this Act expressed at such time and place as shall be appointed by the said President his Deputy or the Treasurer who are hereby required upon the desire of any Four of the said Corporation at any time to cause a Court to be warned accordingly And shall have hereby Authority from time to time to make and appoint a Common-Seal for the use of the said Corporation And it is further Enacted by the Authority aforesaid The powers of the said President and Governours of the said Corporations That it shall and may be lawful to and for the said President and Governours of the said Corporations for the time being or any two of them or to or for any person authorized and appointed by them or any two of them from time to time to apprehend or cause to be apprehended any Rogues Vagrants Sturdy Beggars or Idle or disorderly persons within the said Cities and Liberties Places Divisions and Precincts and to cause them to be kept and set to work in the several and respective Corporations or Work-houses and it shall and may be lawful for the major part of the Iustices of Peace in their Quarter-Sessions to signify unto his Majesties Privy Council the names of such Rogues Vagabonds Idle and Disorderly persons and Sturdy Beggars as they shall think fit to be Transported to the English Plantations and upon the approbation of his Majesties Privy Council to the said Iustices of Peace signified which persons shall be Transported it shall and may be lawful for any two or more of the Iustices of the Peace them to Transport or cause to be Transported from time to time during the space of thrée years next ensuing the end of this present Session of Parliament to any of the English Plantations beyond the Seas there to be disposed in the usual way of Servants for a term not excéeding Seven years A stock for supply of the work how to be provided in London Westminster Middlesex Surrey And be it further Enacted by the Authority aforesaid That if the President and Governours of any of the said Corporations shall certify under their common Seal their want and defect either of a present stock for the Foundation of the Work or for supply thereof for the future and what sum or sums of Money they shall think fit for the same to the Common-Council of the said City of London and the Burgesses and Iustices of Peace in their Quarter-Sessions of the said City of Westminster and the Liberties thereof or the Iustices of the respective Counties of Middlesex and Surrey assembled in either Quarter-Sessions That thereupon the Common-Council of the said City of London the Burgesses of the said City of Westminster and the Iustices of Peace of the said Cities and Counties in their Quarter-Sessions assembled are hereby required from time to time to set down and ascertain such competent sum and sums of money for the purposes aforesaid not excéeding one years rate from time to time usually set upon any person for or towards the relief of the Poor and the same to proportion out upon the several Wards Precincts Counties Divisions Hundreds and Parishes as they shall think fit And thereupon the Aldermen Deputies and Common-Council-men of every Ward in the City of London and Burgesses and Iustices of the Peace of the City of Westminster and the Liberties thereof and Iustices of the Peace of the said Counties of Middlesex and Surrey shall have power and Authority and are hereby required equally and indifferently according to the proportions appointed as aforesaid for the several Wards Precincts Cities and Parishes as aforesaid to tax and rate the several Inhabitants within the said respective Wards Precincts and Parishes as well within Liberties as without with which Tax if any person or persons find him or themselves agrieved supposing the same to be unequal he or they shall and may make their complaint known to the Iustices of the Peace at the next open Sessions who shall take such final order therein as in like cases is already by the Law provided And it is further Enacted by the Authority aforesaid That it shall and may be lawful to and for any Alderman of the City of London or his Deputy or the Burgesses and Iustices of Peace of the City of Westminster and the Liberties thereof or any two or more of them or any two Iustices of Peace of the respective Counties of Middlesex and Surrey by their Warrant under their Hands and Seals to authorize the Church-wardens or Overséers for the Poor within the places and Parishes aforesaid to demand gather and receive of every person and persons such sum and sums of money as shall be Assessed upon them by vertue of the Taxations and Contributions aforesaid And for default of payment within ten dayes after demand thereof made or notice in writing left at the dwelling-house or lodging of every person so Assessed to levy the same by distress and sale of the goods of every such person and after satisfaction made to restore the surplusage to the party so distrained Stocks formerly in London for relief of the poor how to be paid And be it Enacted by the Authority aforesaid That all Stocks raised for the relief and imployment of the Poor in the City of London and Liberties thereof which was in the hands of a Corporation heretofore appointed in the said City for that service or in the hands of any other person or persons whatsoever before the Nine and twentieth day of September which was in the year of our Lord One thousand six hundred and sixty commonly called the Feast of St. Michael the Archangel or at any time since together with all the Arrears of money formerly alloted for that Service or Legacies given to the same end shall be payable to the Treasurer of the Corporation or Corporations
power to Administer as followeth The Oath to be taken by Searchers I A. B. do swear that I shall well and truly execute the Office of Searcher of Broad Woollen Cloth within the West-Riding of the County of York according to the Laws and Statutes of this Realm and according to the best of my Skill and Knowledge So help me God And be it further Enacted That if any Searcher shall fail in the due Execution of his Office contrary to his Oath and Laws and Statutes in that case made and provided every such Searcher shall forfeit and lose for such Fault or not setting to such Seal of Lead as aforesaid Five pounds Penalty upon Searchers And that it shall and may be lawful to and for any other Searcher in the West-Riding taking with him one of the said Wardens of the said Corporation to research any of the said Clothes Any thing in any former Statute to the contrary thereof in any wise notwithstanding The Authority and power of the Searchers And it is further Enacted That it shall and may be lawful to and for all and every such Searcher and Searchers from time to time so often as occasion shall require to enter into any Shop house Ware-house or any other place in the day-time of any Clothiers Drapers Cloth-Workers or of any other person or persons whatsoever where any of the said Cloths shall be within the said West-Riding to search for all suspected Cloth And in case of resistance the party so resisting shall forfeit the sum of Ten pounds the one half thereof to His Majesty the other half to the use of the said Corporation And if upon such Search any Broad-Cloth shall be found made of or mixed with Flocks Thrums Goats hair or other deceitful Wooll the said Cloth shall be and is hereby Declared and Enacted to be forfeited And that it shall and may be lawful to and for the said Iustices Masters Wardens and Assistants or any thirteen of them at any Court to be by them held as aforesaid to dispose thereof in such manner as by the Laws and Statutes of this Realm the same ought to be disposed None may make broad Cloth but such as have served as apprentizes so Clothiers for 7. years or have been exercised in the Trade for that time The Penalty Housholders and houswifes may not make Cloth to sell not being free of the said Trade The Penalty And be it further Enacted That no person or persons within the said West-Riding who hath not served as an Apprentice to the Trade of Clothier for the space of Seven years or have not béen exercised therein by the like space of seven years before shall make any Broad-Cloth to sell under the penalty of five pounds for every Moneth that he she or they shall continue to exercise the said Trade excepting such persons only as now be in the actual use and exercise of the said Trade That one moyetie thereof to be paid to the Kings Majesty His Heirs and Successors and the other moyetie to the use of the said Corporation And that no Housholder or Houswife within the said West-Riding or elsewhere within the said County not being frée of the said Trade of Clothiers or not having béen exercised therein as aforesaid or not being the widow of any such person as aforesaid shall from the Feast of Pentecost next ensuing make or cause to be made any Woollen Cloth whatsoever unless it be to the use of themselves their Children and Families but not to sell upon pain to forfeit double the value for every Piece of Cloth so made and exposed to sale one moyetie thereof to His Majesty the other moyetie to any person who shall sue for the same in any of His Majesties Courts of Record wherein no Essoin Protection or Wager of Law shall be allowed Power to appoint a Clerk Register Treasurer and other Officers And it is further Enacted by the Authority aforesaid That the said Iustices Masters Wardens and Assistants or any thirtéen of them are hereby impowred to nominate and appoint a Clerk a Register and Treasurer and such other Officer and Officers to sée the due execution of the several Powers given by this Act as they in their Discretions shall think méet and to give them an Oath or Oaths for the due execution of their several places as aforesaid And it is further Enacted by the Authority aforesaid That all Fines How the fines and forfeitures shall be levied Forfeitures and Penalties imposed or to be levied by virtue of this Act the means and recovery whereof is not otherwise herein provided for and set forth shall be levied by distress and sale of the offender or offenders Goods and Chattels by Warrant from the said Iustices Masters Wardens and Assistants or any thirtéen of them rendring the overplus to the Owner thereof upon demand And be it further Enacted by the Authority aforesaid Counterfeiting the Seal of the Corporation That if any person or persons whatsoever shall counterfeit the Seal of the said Corporation he or they so offending shall forfeit the sum of Twenty pounds of often as such person or persons shall upon due proof be found guilty of the same which said forfeiture is to be levyed by distress and sale of the Offenders Goods The Penalty rendring the overplus to the Owner thereof upon demand and for want of such distress such person and persons to be committed to the Common Goal of the County where he or they shall be found by Warrant under the Hand and Seal of any one of the Iustices of the Peace of the said County there to remain without Bail or Mainprize for the space of six moneths or until such person or persons shall have paid the Fine as aforesaid And be it Enacted That all and every Article All clauses in any other Statute contrary to this Act concerning Clothing Repealed Clause and Sentence in any Act of Parliament heretofore made touching and concerning the said abuses of Broad Woollen Clothes in this Act mentioned and being repugnant or contrary to any Article and Sentence in this Act shall as touching the said Clothes only made within the said West-Riding from and after the Feast of St. John Baptist which shall be in the year of our Lord God One thousand six hundred sixty and two be utterly void to all intents and purposes whatsoever And in all Actions and Suits that shall be brought against any person or persons for Acting in any thing according to the true intent and meaning of this Act the person or persons so sued or molested Persons sued for executing this Act may plead the generall Issue shall or may plead the general Issue of Not guilty and give the special matter in evidence and shall recover double Costs in every such case if the Verdict pass for such person or persons or that the Plaintiff or Plaintiffs be Non-suit therein Provided always That nothing
Government Books belonging to particular persons nor any Book or Books the right of Printing whereof doth solely and properly belong to any particular person or persons without his or their Consent first obtained in that behalf Every Licenser shall have a written copy of the Book licenced And be it Enacted by the Authority aforesaid That every person and persons who by vertue of this present Act are or shall be appointed or authorized to License the Imprinting of Books or Reprinting thereof with any Additions or Amendments as aforesaid shall have one written Copy of the same Book or Books which shall be so Licensed to be Imprinted or Reprinted with the Titles Epistles Prefaces Tables Dedications and all other things whatsoever thereunto annexed How and where the said Copy shall be kept which said Copy shall be delivered by such Licenser or Licensers to the Printer or Owner for the Imprinting thereof and shall be solely and intirely returned by such Printer or owner after the Imprinting thereof unto such Licenser or Licensers to be kept in the publick Registries of the said Lord Archbishop or Lord Bishop of London respectively or in the Office of the Chancellor or Vice-Chancellor of either the said Vniversities or with the said Lord Chancellor or Lord Kéeper of the great Seal for the time being English Books how to be Licensed or Lords Chief Iustices or Chief Baron or one of them or the said Principal Secretaries of State or with the Earl Marshal or the said Kings of Armes or one of them of all such Books as shall be Licensed by them respectively And if such Book so to be Licensed shall be an English Book or of the English Tongue there shall be two Written Copies thereof delivered to the Licenser or Licensers if he or they shall so require one Copy whereof so Licensed shall be delivered back to the said Printer or Owner and the other Copy shall be reserved and kept as is aforesaid to the end such Licenser or Licensers may be secured that the Copy so Licensed shall not be altered without his or their privity And upon the said Copy Licensed to be Imprinted he or they who shall so License the same shall Testifie under his or their hand or hands That there is not any thing in the same contained that is contrary to the Christian Faith or the Doctrine or Discipline of the Church of England or against the State or Government of this Realm or contrary to good life or good manners or otherwise as the nature and subject of the Work shall require which License or Approbation shall be Printed in the beginning of the same Book with the Name or Names of him or them that shall Authorize or License the same All Books from beyond Sea shall be brought to the Port of London only for a Testimony of the allowance thereof And be it further Enacted by the Authority aforesaid That every Merchant of Books and person and persons whatsoever who doth or hereafter shall Import or bring any Book or Books into this Realm from any parts beyond the Seas shall Import the same in the Port of London only and not elsewhere without the special License of the Archbishop of Canterbury and Bishop of London for the time being or one of them who are hereby authorized to grant Licenses for that purpose and shall before such time as the same Book or Books or any of them be delivered forth or out of his or their hand or hands or exposed to Sale give and present a true Note or Catalogue in writing of all and every such Book or Books unto the Lord Archbishop of Canterbury and Lord Bishop of London for the time being or to one of them and no Merchant or other person or persons whatsoever which shall import or bring any Book or Books into the Port of London aforesaid from any parts beyond the Seas shall presume to open any Dry-Fats Bales And not to be opened or uttered until viewed by the Archbishop of Canterbury Bishop of London or some other by one of them appointed Packs Maunds or other Fardles of Books or wherein Books are nor shall any Searcher Waiter or other Officer belonging to the Custom-house upon pain of losing his or their place or places suffer the same to pass or to be delivered out of his or their hands or Custody before such time as the Lord Archbishop of Canterbury and the Lord Bishop of London for the time being or one of them shall have appointed some Scholar or learned man with one or more of the said Company of Stationers and such others as they shall call to their Assistance to be present at the opening thereof and to view the same And if there shall happen to be found any Heretical Seditious Scandalous Schismatical or other dangerous or offensive Book or Books or any part of such Book or Books Printed in English they shall forthwith be brought to the said Lord Archbishop of Canterbury and Lord Bishop of London for the time being or to one of them or to some publick place to be assigned and chosen by the said Lord Archbishop Hereticall Seditious or dangerous Books Imprinted upon ported how to be proceeded upon and Lord Bishop for the time being to the end the person and persons which Importeth or causeth the said Offensive Books to be Imported may be procéeded against as an offender against this present Act And also that such further course may be taken concerning the same offensive Book or Books as by the said Lord Archbishop and Bishop for the time being shall be thought fitting for the suppressing thereof And be it further Enacted by the Authority aforesaid That no person or persons shall within this Kingdom or elsewhere Imprint or cause to be Imprinted nor shall Import or bring in or cause to be Imported or brought into this Kingdom from or out of any other His Majesties Dominions nor from any other parts beyond the Seas any Copy or Copies Book or Books or part of any Book or Books or Forms of blank Bills or Indentures for any His Majesties Islands Printed beyond the Seas or elsewhere Copies of Books Forms of blank Bills or Indenturs whereof any have Letters Patents for sole Printing which any person or persons by force or vertue of any Letters Patents granted or assigned or which shall hereafter be granted or assigned to him or them or where the same are not granted by any Letters Patents by force or vertue of any Entry or Entries thereof duly made or to be made in the Register Book of the said Company of Stationers or in the Register Book of either of the Vniversities respectively have or shal have the right Priviledge Authority or Allowance solely to Print without the consent of the Owner or Owners of such Book or Books Copy or Copies Form or Forms of such blank Bills nor shall Binde Stitch or put to Sale any such Book or Books or
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
shall be néedful for Repairing of the several High-ways and places aforesaid and the said several Surveyors in their respective Counties shall provide Stones Gravel and other materials and necessaries to be used for and towards the Repairing and amending the said High-way at the places aforesaid And the said Surveyors or thrée or more of them in their respective Counties being so met and assembled are hereby authorized to appoint a Receiver or Collector of Toll and such other Officer and Officers as they shall find necessary in their respective Counties for carrying on the said Work with such moderate allowance as shall be thought fit to be approved of by any two or more Iustices of the Peace for the said respective County for which such Officer is so chosen living near to the said High-way or places aforesaid or otherwise to be removed and other fit person or persons to be chosen in his or their places by the said Iustices in the said several and respective Counties And for the better effecting thereof Be it Enacted by the Authority aforesaid That the said Surveyors or any thrée or more of them in their several Counties Charging of Carts and Carriages shall from time to time as they shall sée cause appoint and require all and every person and persons inhabiting within thrée miles of the places aforesaid being within their several and respective Counties who by any Law or Statute of this Realm now in force is or are chargeable to find any Wayn or Cart for the amending of the High-ways and every other person and persons chargeable to labour in the High-ways upon reasonable notice to send his or their Cart or Wain and Team or to come to labour in the said High-way at any the places aforesaid within their respective Counties so furnished as by the Laws and Statutes of this Realm is directed for the amending of other High-ways when and so often as the said Surveyors for their said several Counties Allowance of wages to labourers and owners or any thrée or more of them shall think néedful and appoint for which the said Surveyors shall pay unto such Labourers and to the owners of such Teams Carts and Wayns according to the usual rate of the Countrey And in case any person so charged to send his her or their Team to work as aforesaid shall refuse or neglect so to do such persons so refusing or neglecting The Penalty for refusing shall forfeit Ten shillings for every day that he or they shall make such default and every Labourer Eightéen pence for every day he shall neglect or refuse to work as aforesaid How far and often Carts and carriages may be charged Provided That no person or persons by vertue of this Act be compelled or compellable to labour or to send his or their Team Cart or Waggon for the mending of the said High-way to any of the said places being above Thrée miles distant from his Dwelling-house or not in the same County nor to labour or send his or their Team Cart or Waggon for amending of the said High-way above Thrée days in any one wéek nor at any time in Séed-time Hay or Corn-harvest Who may determine differences about carriages and labourers Wages And in case that any question shall happen to arise touching the hire to be given by the said Surveyors for such Team Cart or Waggon or concerning the wages of such Labourers imployed in mending the said High-ways That then the said Iustices of the Peace in the County where such difference ariseth or any Two or more of them shall and may determine and set down what hire for such Team Cart or Waggon and also what wages to such Labourer shall be paid or allowed by the said Surveyors and such Order in that behalf to be made shall conclude all parties And be further Enacted by the Authority aforesaid That where there is not sufficient Gravel Chalk Sand or Stones within any Parish Town Village or Hamlet wherein the said High-way How gravell Chalk Stones c. may be taken or places aforesaid or any of them do lie to repair the said High-way at any of the places aforesaid It shall and may be lawful for the said Surveyors in their several and respective Counties or any thrée or more of them and such person and persons as they shall appoint to dig take and carry away Gravel Chalk Sand or Stones out of the Waste or Common of any neighbouring Parish Town Village or Hamlet without paying any thing for the same for the repairing or amending of the said High-way at any the places aforesaid or where there is not sufficient of such materials in any Common or Waste Ground thereunto near adjoyning to dig in the several grounds of any person or persons not being an House Garden Orchard Yard or Park stored with Déer being within any Parish chargeable towards the repairs of the said High-way and places so to be repaired where any such materials are or may be found And from time to time to carry away such and so much thereof as the said Surveyors or any thrée or more of them in their respective Counties shall adjudge necessary for the said Reparations without paying any thing for such materials saving only such reasonable satisfaction to the Owner or Occupier of the Ground where the same shall be so digged carried away as for the damage he or they shall thereby sustain to be assessed and adjudged by the said Iustices of the County where the same is digged at the next or any other Quarter-Sessions for the said County in case of difference concerning the same And that the Pits and places where and from whence such materials shall be dugg and carried away for the Reparations aforesaid shall with all convenient spéed to be adjudged by the said Iustices of Peace as aforesaid be filled up and levelled with earth or other materials or else rayled about so as that the same may not be déemed dangerous or prejudicial to man or beast And for the defraying of the charge of such Reparations to be done in the places aforesaid Be it further Enacted That from and after the choice of the Surveyors aforesaid it shall and may be lawful to and for the said Surveyors for the time being with such consent and approbation as is aforesaid Who may appoint the taking of Toll or Custom of all carriages and passengers of the said Iustices of the several Counties within their own Counties and not elsewhere to choose and appoint one or more fit person or persons to receive or take such sum or sums of money in the name of Toll or Custom to be paid for all such Horses Carts Coaches Waggons Droves and Gangs of Cattel as in time to come shall pass be led or droven in or through the said way or places aforesaid as are hereafter by this Act limited and appointed that is to say for every Horse one peny for every Coach six
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-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
of the limits of their respective Lieutenancies or by their directions when they are not absent their Deputy Lieutenants during their respective Deputation or any two or more of them shall have power from time to time to Lead Train Exercise and put in readiness or by Warrant under their hands and seals to cause to be Led Trained Exercised or put in readiness all or any of the persons Raised Arrayed or Weaponed according to the said Act to the intents and purposes and by the directions of the said Act and of this present Act. And be it further Enacted That all and every person or persons charged 13 Car. 2. cap. 6. 14 Car. 2. cap. 3. Allowance of pay to Troopers 2 s. 6 d. per diem Foot-Souldiers 1 s. per diem or to be charged by vertue of either of the said Acts with Horse Horse-man and Arms or Foot-Souldier and Arms shall under the penalty of forfeiting five shillings pay and allow upon demand two shillings six pence by the day to each respective Trooper that serves with such Horse and Arms for maintenance of the man and horse and shall under the penalty of two shillings pay and allow upon demand one shilling by the day to each respective Foot-Souldier for so many days as they or any of them shall be absent from their dwellings or callings by occasion of Muster or Exercise according to the Rules of the said Acts which said penalty is to be Levied as is hereafter expressed unless some certain agréement be made to the contrary before good witness and the said penalty is to be paid to such Trooper or Foot-Souldier to whom his said pay was denied The respective penalties to be demanded within six wéeks after each respective default or at or before the next succéeding Muster Exercise or Training and not afterwards And be it further Enacted Penalty upon refusers to find Arms. That if any person or persons assessed or charged according to the said Acts or either of them shall refuse or neglect by a reasonable time to be appointed to provide and furnish such sufficient Foot-Souldier and Arms or Foot-Souldiers and Arms as are accordingly charged upon him or them That then it shall and may be lawful to and for the respective Lieutenants and Deputy-Lieutenants or any thrée or more of them for every such offence from time to time to inflict a penalty upon such person or persons not excéeding Five pounds to be levied in manner following and to be imployed to the same uses in default whereof the same was imposed Be it further Enacted That it shall and may be lawful for the respective Lieutenants and Deputy-Lieutenants or any thrée or more of them from time to time Constables required to charge persons with Foot-Arms to appoint and require the Constable or Constables of any Parish or place within this Kingdom Dominion of Wales and Town of Berwick upon Twede to provide and furnish at a reasonable time and place to be appointed upon a penalty to be imposed not excéeding Forty shillings for every such omission so many sufficient Foot Arms with Wages and other incident charges as the said Lieutenants and Deputy-Lieutenants or any thrée or more of them shall assess or charge according to the Rules and Proportions of the said Acts upon Revenues under Fifty pounds per annum or upon personal Estates less then Six hundred pounds lying or being within any such respective Parish or place And in order thereunto if any person or persons of or belonging to any such Parish or place shall upon demand refuse or neglect to provide a Foot-Souldier or Foot-Souldiers The Penalty for not prouiding or paying Foot-Arms according to the proportion aforesaid or to pay any sum of money whereat he or they shall be taxed or assessed by a Pound Rate according to a List Signed by the respective-Lieutenants or any thrée or more of them for and towards the defraying and satisfying the necessary Charge and Expence disburst in providing and furnishing such sufficient Arms as aforesaid That then it shall and may be lawful to and for such Constable or Constables by Warrant for that purpose to Levy such Sum so Rated or Assessed by Distress and Sale of the Goods of such person or persons so refusing or neglecting to pay and shall restore the overplus if any the charge of Distraining being first deducted And the Tenant of any House Land or Revenue Rated or Assessed as aforesaid is hereby authorized and required to make payment of such Sum of money so Rated or Assessed and to deduct so much as shall be charged upon the Landlords Rent out of the next Rent payable to the Landlord and in default hereof the goods of every such Tenant is also liable to be distrained and sold in manner aforesaid And be it further Enacted That once in every year hereafter each Souldier Listed or Raised by vertue of the said Acts What shall be paid to the Muster-Masters or either of them shall pay to his respective Muster-Master such Sum not excéeding one shilling for a Horseman and six pence for a Footman as the respective Lieutenants and Deputy-Lieutenants or any thrée or more of them shall under their Hands and Seals direct who have power hereby to Levy the same by Distress and Sale in case of default of payment upon the Goods and Chattels of such person or persons as are charged with the finding of the respective Horse-man or Foot-Souldier so making default unless the default be by the neglect of such Horseman or Foot-Souldier who in that case are hereby to be accomptable for the same and every such Muster-Master shall be an Inhabitant of the respective County What Provision every Musquetier shall bring with him And it is hereby further Provided and Enacted That at every Muster Training and Exercise every Musquetier shall bring with him half a pound of Powder and half a pound of Bullets and every Musquetier that serves with a Match-lock shall bring with him thrée yards of Match both which are to be found accordingly 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 and a quarter of a pound of Bullets at the Charge of such person or persons as provide the said Horseman and Arms The Penalty who are hereby required to find and bear the same upon pain of forfeiting Five shillings for every omission thereof And for the better Discipling and Instructing the said Militia in their Duties as also for easing them of often and frequent Méetings at several times and for the better security of the Peace of the Kingdom Be it further Enacted That it shall and may be lawful for the said several Lieutenants and in their absence or by their Directions for any two or more of their Deputies within their respective Counties and Precincts for which they are Commissioned at any
time or times during the space of thrée years from the Twenty fourth day of July in the year of our Lord One thousand six hundred sixty and thrée to Summon and Continue together so many of the said Trained Forces within their respective Counties and Precincts 14 Car. 2. cap. 3. and so long as they shall judge convenient in lieu of certain days appointed for Exercise and Musters by the said Act Entituled An Act for Ordering the Forces in the several Counties of this Kingdom No Troop to be kept upon duty above 14 days Provided always And be it Enacted That any Troop Company or Souldiers may be so kept upon such Duty by vertue hereof fourtéen days and no longer in any one year Commissioned Foot-Officers discharged from finding Arms. Provided always And be it Enacted That every Commissioned Foot-Officer in the Train-Bands or Militia of this Kingdom setled according to Act of Parliament shall be and is hereby exempted and excused from finding and contributing towards the finding and contributing towards the finding any Horse Horse-man or Arms or Foot-Souldier and Arms for his whole Estate if at any time it is charged but for one Horse or a less charge or for such part of his Estate as is or shall be charged with one Horse if his whole Estate be charged with a greater charge then one Horse in the County or Lieutenancy where he so serves as a Foot-Officer in respect of the expence which the said Imployment doth necessarily engage him in Any thing in the said Acts to the contrary notwithstanding The Duty of Constables in executing Warrants of the Lieutenants or Deputies Be it also Enacted and Ordained That each Constable Tything-man or other Officer of any Parish or place under the penalty for every neglect of forfeiting Forty shillings shall and do by vertue of a Warrant directed to him from the respective Lieutenants and Deputy-Lieutenants or any thrée or more of them Levy all arrears and proportions of money unpaid that were set or charged for the Raising Training and Arraying the Trained Bands and Forces actually raised and in being before the passing of the said mentioned Act by the Distress and sale of the Goods of any person or persons refusing to pay the same rendring back the overplus if any the charge of Distress and Sale being first deducted Troopers and Souldiers shall be subject to Exercise and Duty Be it also Enacted That every Trooper or Foot-Souldier at any time raised by vertue or according to the directions of this present Act shall be subject to such Exercise and Duty as others charged or raised by the said mentioned Act shal accordingly upon like pains penalties observe and kéep all the respective Orders and Directions of the said Act and of this present Act and shall suffer the same penalties for committing any of the respective crimes and offences exprest in the said Act which said pains and penalties are in the like cases to be imposed and levied in the same manner and by the same ways and means as are set down in the said Act. And whereas the fourth part of one moneths Assessment in each County A fourth part or a moneths assesment how to be disposed after the rate of Seventy thousand pounds by the moneth is by the said Act yearly appointed for furnishing Munition and other necessaries Be it Enacted and delared by the Authority aforesaid That the said respective Lieutenants and Deputies or any thrée or more of them shall from time to time have power to dispose of so much of the said fourth part to the inferiour Officers imployed in or about the said respective Forces for their pains and encouragement as to them the said Lieutenants and Deputies or any thrée or more of them shall seem expedient Provided always and be it Enacted Persons sued for matters done by this Act may plead the general issue That it shall be lawful to every person and persons that shall have any Action or Suit brought against him or them for any thing done in execution of this or the said Act to plead the General Issue and to give the special matter in Evidence and if Iudgment shall be given for the Defendant or if the Plaintiff shall become Nonsuit or discontinue his Suit then he shall recover double Costs Provided also and be it Enacted Double costs to the Defendant That no Action or Suit shall be brought against any person for any thing done in execution or by pretence of the execution of this or the said Act unless the said Action or Suit be laid in the proper County and commenced within six moneths next after such cause of Action Provided and be it further Enacted by the Authority aforesaid That one Clause contained in a certain Act Entituled An Act declaring the sole right of the Militia to be in the King 13 Car. 2. c. 6 and for the present Ordering and disposing of the same and made for the Indempnifying of all persons acting in the Militia from the four and twentieth of June One thousand six hundred and sixty to the twentieth of July One thousand six hundred sixty and one as touching the Assaulting Detaining or Imprisoning any person suspected to be a Fanatick Sectary or Disturber of the Peace Fanatick Sectaries or seizing of Arms or searching of houses for Arms or for suspected persons shall be construed to Commence and take effect and shall be good and effectual in Law for the Indempnifying of all persons whatsoever acting in the Militia of this Kingdom for any the matters aforesaid betwixt the second day of February One thousand six hundred fifty nine and the four and twentieth of June One thousand six hundred and sixty inclusive by vertue or colour of any Authority or Command whatsoever any thing in the said Act or in any other Act to the contrary thereof in any wise notwithstanding And be it further Enacted by the Authority aforesaid That the several forfeitures How the forfeitures and penalties upon this Act may be levyed Penalties and payments by this present Act Imposed Set or Directed not otherwise by this present Act provided to be Levied Sued for or Recovered shall or may in case of default be Levied or Recovered by Warrant under the hands and Seals of the respective Lieutenants and Deputy-Lieutenants or any thrée or more of them upon the Goods and Chattels of the Offender and by Sale of the same rendring the party the overplus if any be And if sufficient of the Goods and Chattels of such Offender cannot be found or had whereof to levy such forfeiture payment or penalty then the said respective Lieutenants and Deputy-Lieutenants or any thrée or more of them shall have power and are hereby authorized by like Warrant under their hands and seals to commit such Offender to Prison untill he shall make satisfaction according to the said forfeiture payment or penalty And it is further Declared and
as aforesaid shall not procéed to Election within one moneth after such vacancy then it shall be lawful to and for the respective Archbishop Bishop or Ordinary of the Diocess under his hand and Seal to Elect and nominate a discréet person of the respective Parish in such vacant room which person so to be elected and nominated after his making and subscription in manner and time aforesaid shall be and shall to all intents and purposes be reputed déemed and taken to be a Vestry-man or member of such Vestry in like manner as if he had béen chosen by the respective Electors Any Law Custom or Vsage to the contrary notwithstanding And be it Enacted by the Authority aforesaid That the respective Arch-bishop Bishop or Ordinary Vicar-General or Chancellor of the Diocess shall upon request to him made by any Vestry-man so making and subscribing the said Declaration and Acknowledgment aforesaid deliver a Certificate of his so doing for which no Fée shall be paid Provided always That nothing in this Act shall be construed to give any new power to any Select Vestry-man or to confirm any usurped power heretofore exercised by any Select Vestry-man which before the making of this Act is not Warranted by the Law of the Land Provided also The continuance of this Act. That this Act shall continue in force to the end of the first Session of the next Parliament and no longer CAP. VI. An Act for Relief of such Persons as by Sickness or other Impediment were disabled from Subscribing the Declaration in the Act of Uniformity and Explanation of part of the said Act. VVHereas by an Act of this present Parliament Entituled An Act for Uniformity of Publick Prayer and Administration of the Sacraments and other Rites and Ceremonies 14 Car. 2. c. 4. and for establishing the Form of Making Ordaining and consecrating Bishops Priests and Deacons in the Church of England It was Enacted That every Dean Canon and Prebendary of every Cathedral or Collegiate Church and all Masters and Fellows of any Colledg Hall House of Learning or Hospital and every Parson Vicar Curate and every other person in Holy Orders who upon the first day of May which should be in the year of our Lord God One thousand six hundred sixty and two or at any time thereafter should be Incumbent or have possession of any Deanry Canonry Prebendry Mastership Fellowship Parsonage Vicarage or any other Ecclesiastical Dignity or Promotion should before the Feast day of Saint Bartholomew which should be in the year of our Lord One thousand six hundred sixty and two subscribe the Declaration or acknowledgment in the said Act mentioned and expressed before their respective Archbishops Bishops Ordinaries or Vice-Chancellors of the respective Vniversities upon pain that all and every of the persons aforesaid failing in such subscription should lose and forfeit such respective Deanry Canonry Prebendry Mastership Fellowship Parsonage Vicarage Ecclesiastical Dignity or Promotion and should be utterly disabled and ipso facto deprived of the same And that every such respective Deanry Canonry Prebendry Mastership Fellowship Parsonage Vicarage Ecclesiastical Dignity or Promotion should be void as if such person so failing were naturally dead And that after such subscription made every such Parson Vicar Curate and Lecturer should procure a Certificate under the hand and Seal of the respective Archbishop Bishop or Ordinary of the Diocess and should publickly and openly read the same together with the Declaration or acknowledgment aforesaid upon some Lords-Day within thrée moneths then next following in his Parish Church where he was to officiate in the presence of the Congregation there assembled in the time of Divine-Service upon pain that every person failing therein should lose such Parsonage Vicarage or Benefice respectively and should be utterly disabled and ipso facto deprived of the same And that the said Parsonage Vicarage or Benefice should be void as if he were naturally dead And whereas divers persons of eminent Loyalty to his Majesty and of known affection to the Liturgy of the Church of England who by the said Act were required to subscribe the said Declaration or Acknowledgment at the time of the passing of the said Act were out of this Realm in Ireland or other parts beyond the Seas upon lawful and justifiable occasions and had no knowledg or notice thereof until their return into England being after the said Feast of St. Bartholomew And divers other of the said Loyal and wel-affected persons by reason of sickness imprisonment disability of body or otherwise could not or did not resort unto their respective Archbishops Bishops or Ordinaries or Vice-Chancellors of the respective Vniversities before whom such subscription was appointed by the said Act to be made All which said persons are by force of the said Act utterly disabled and ipso facto deprived of their respective Deanries Canonries Prebendries Masterships Fellowships Parsonages Vicarages or other Ecclesiastical Benefices or Promotions by reason of such their omission For remedy whereof and for the relief of such persons Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by Authority of the same That all Deans Canons Prebendaries Masters and Fellows of any Colledges Halls or other Houses of Learning and all Parsons Vicars and other Ecclesiastical persons aforesaid who at the time of the passing of the said Act being in Ireland or any the parts beyond the Seas did not return into this Kingdom before the said Feast of Saint Bartholomew One thousand six hundred sixty and two or who being in England by Imprisonment Sickness Disability of Body or otherwise did not resort unto their respective Archbishop Bishop Ordinary or Vice-Chancellor of the said respective Vniversities to subscribe the said Declaration and Acknowledgment before the said Feast in the year of our Lord aforesaid shall be and are hereby declared to be restored unto and preserved in their respective Deanries Canonries Prebendries Masterships Fellowships Parsonages Vicarages and other Ecclesiastical Benefices and Promotions whereunto no other person or persons before the first day of August in the year of our Lord One thousand six hundred sixty and thrée were or shall be lawfully Instituted Inducted Collated or placed And shall and may hold and enjoy the same according to his and their former right The aforesaid Act or any thing therein contained to the contrary notwithstanding Provided That every such Dean Canon Prebendary Master and Fellow of any Colledg Hall or House of Learning and all Parsons Vicars and Curates and other Ecclesiastical persons who are or shall by vertue of this Act be restored to or preserved in their said several and respective Promotions shall before the Feast of the Nativity of our Lord next ensuing if he be in England or if beyond the Seas within forty dayes after his return into England subscribe the said Declaration or
begotten And also all the Rents Sum and Sums of money and Revenues that shall arise grow and become due of or from the said General Letter-Office or Post-Office or Office of Post-Master-General unto the said James Duke of York and the Heirs males of his Body begotten or to be begotten Be it therefore 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 The Powers of granting Wine Licenses entailed upon the Duke of York and by the Authority of the same That the said James Duke of York and the Heirs males of his Body begotten or to be begotten shall have all and every the Powers and Authorities aforesaid to give and grant Licenses to such person or persons as he or they shall think fit to Sell and Vtter by Retail all and every or any kind of Wine or Wines whatsoever to be drunk and spent as well within the house and houses or other place in the Tenure or Occupation of the party so Licensed as without in any City Town or other place whatsoever within the Kingdom of England Dominion of Wales and Town and Port of Berwick upon Tweed Together with all Benefits and Profits thereof And also that the said Duke and the Heirs males of his Body begotten or to be begotten shall have that moyety of the Forfeitures and Penalties which by the said recited Act is given to his Majesty His Heirs and Successors And it is hereby further Declared That all and every other person or persons which from time to time or at any times hereafter shall be by the said James Duke of York and the Heirs males of his Body begotten or to be begotten appointed authorized or deputed Agent or Agents Commissioner or Commissioners to Treat and Contract for giving Licenses and Dispensations to any person or persons for the Selling and Vttering Wines by Retail in any City or Town or other place as aforesaid shall have the full and sole power and authority to Treat and Contract for giving Licenses to any person or persons for the Selling and Vttering Wines by Retail in any City Town or other place as aforesaid any Law Statute Grant Vsage or Custom to the contrary in any wise notwithstanding in as full and ample manner as the Kings Agents or Commissioners might do by vertue of the said recited Act. And be it further Enacted by the Authority aforesaid That such person or or persons as shall be appointed by the said James Duke of York or the Heirs males of his body begotten or to be begotten under his or their Hand and Seal for granting Licences for Selling and Vttering Wines by Retail are hereby enabled under such Seal as the said Duke or the Heirs males of his Body begotten or to be begotten shall appoint to grant Licenses for the Selling and Vttering Wines by Retail to any person or persons or for any time or times not excéeding One and Twenty years if such persons shall so long live and for such Yearly Rents and under such Conditions as they shall think fit so as no Fine be taken for the same but that the Rents or Sums of money so agréed for and reserved shall be duly paid at the times and places agréed for the payment thereof for which Rents so reserved in case the same shall not be paid the said Duke and the Heirs males of his Body begotten or to be begotten shall and may have power by this Act to sue for the same by Bill Plaint or Action of Debt in any of His Majesties Courts of Record at Westminster or elsewhere in his own Name or to sue for the same in His Majesties Name in the Court of the Exchequer at the Election of the said Duke and the Heirs males of his body begotten or to be begotten And that the discharge of the said James Duke of York and of the Heirs males of his body begotten or to be begotten or of his or their Receiver General for the time being shall be a full and effectual discharge to all intents and purposes for all such moneys as have or shall be received by vertue of the Act for Wine-Licenses Provided always That the Kings Majesty His Heirs and Successors shall not during the continuance of the said Estate Tayl by himself or Agents grant any Commission or Commissions License or Licenses for the Selling or Vttering of any Wines by Retail And also Provided That nothing in this Act contained shall make void any Contracts Leases or Agréements that have béen made by His Majesties Agents for granting Licenses for Selling and Vttering Wines by Retail in pursuance of the said Act but the same Contracts Leases and Agréements shall remain in such force as they were before the making of this Act and that the Rents thereupon reserved and all Arrears thereof shall be paid unto the said Duke and to the Heirs males of his Body begotten or to be begotten And be it further Enacted by the Authority aforesaid That all the yearly Rents Rents and profits arising by the Letter-Office Sum or Sums of money Revenues Issues and Profits whatsoever that shall grow due accrew or be payable unto His Majesty His Heirs and Successors for or by reason of the said general Letter-Office or Post-ffice or Office of Post-Master General or annexed incident or belonging to the said Post-Office or general Letter-Office or Office of Post-Master-General or Issuing out of the same or accrewing or growing due for or by reason of the same shall be and hereby are vested and setled by vertue of this Act upon the said James Duke of York and the Heirs males of his Body begotten or to be begotten with full and sole power from time to time for the said Duke and the Heirs males of his Body begotten or to be begotten his and their Receivers-General to receive all and every the said Rents Issues and Profits accrewing for or issuing out of the said Office and from time to time to give Discharges for the money so received Provided always And be it Enacted by the Authority aforesaid Not to be paid into the Exchequer That none of the said yearly Rents Issues and Profits arising growing due accrewing or issuing out of the said general Letter-Office or Post-Office or Office of Post-Master-General shall for and during the said Estate Tail be paid into the Exchequer but only to the said Duke and to the Heirs males of his Body begotten or to begotten his or their Receiver-General for the time being And also that it shall and may be lawful to and for the said Duke and for the Heirs males of his Body begotten or to be begotten in the name of His Majesty How to be recovered his Heirs or Successors or in his or their own name to sue for the same by Bill Plaint Information Action of Debt or otherwise in any Court or Courts
and by the Authority thereof That from and after the first day of October next ensuing It shall and may be lawful for any person or persons whatsoever Native or Foreigner fréely and without paying any Acknowledgement Fee or other Gratuity for the same in any place of England and Wales In the occupation of dressing and ustng of Hemp and Flax. priviledged or unpriviledged Corporate or not Corporate to set up and exercise the Trade Occupation or Mystery of breaking hickling or dressing of Hemp or Flax as also for making and whitening of Thread as also of Spinning Weaving Making Whitening or Bleching of any sort of Cloth whatsoever made of Hemp or Flax only As also the Trade Occupation or Mystery of making of Twine or Nets for Fishery or of Stoving of Cordage As also the Trade Making of tapestry hanginge Foreigners may use those trades and enjoy all priviledges as natura born subjects Oath of Allegeance and Supremacy Occupation or Mystery of making any sort of Tapistry-Hangings Any Law Statute or Vsage to the contrary in any wise notwithstanding And all Foreigners that shall really and bona fide set up and use any of the Trades and Manufactures aforesaid by the space of thrée years in this Kingdom of England Dominion of Wales and Town of Berwick upon Tweed shall from thenceforth taking the Oaths of Allegiance and Supremacy before two Iustices of the Peace near unto their dwellings who are hereby authorized to administer the same enjoy all Priviledges whatsoever as the Natural born Subjects of this Kingdom And it is hereby Enacted and Declared That such Foreigners as shall exercise any of the Trades aforesaid by vertue of this Act shall not at any time be lyable to any other or greater Taxes Payments or Impositions then such as are or shall be paid by his Majesties Natural born Subjects unless in case they shall use and exercise Merchandize into and from Foreign parts in which case they shall be lyable to pay such Customs as have usually béen paid by Aliens during the space of Five years next ensuing and no longer CAP. XVI Herring and other Fisheries Regulated And a Repeal of the Act concerning Madder FOr the prevention of abuses in the packing and ordering of Herrings and bringing that Commodity into Credit in Foreign parts beyond the Seas Be it Enacted and it is hereby 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 first day of August One thousand six hundred sixty four No white or red Herrings of English catching shall be put to sale in England Wales How herrings shall be packed or in the Town of Berwick upon Tweed but what shall be packed in lawful Barrels or Vessels and which shall be well truly and justly laid and packed And shall be of one time of Taking Salting Saving or Drying and equally well packed in the midst and every part of the Barrel or Vessel and by a sworn Packer And the Barrel or Vessel marked or branded by such sworn Packer with a mark or brand denoting the gage of the Barrel or Vessel and the quantity quality and condition of the Herrings packed therein and the Town or place where they were packed And the Bailiffs of Great Yarmouth for the time being and the Mayor Bailiffs or other Head-Officer for the time being of every Port Haven or Créek out of which any vessels or ships do procéed to fish for Herrings are hereby authorized and required before the first day of July Able packers to be appointed and sworn in the year One thousand six hundred sixty four and before the first day of July in every year after to appoint for their respective Haven Port or Créek a competent number of able and experienced Packers to view and pack all such white or red Herrings of English catching as shall be brought into their Port Haven or Créek and well and truly to mark and brand the Barrels or Vessels into which they shall be packed with such mark or brand as is above directed and to administer to them yearly an Oath which Oath they are hereby authorized and appointed to give to them for the well and true doing thereof according to this Act. Penalty for not appointing and swearing packers And in case the said Bailiffs of Great Yarmouth or the Mayor Bailiffs or other Head-Officer for the time being of any such Port Haven or Créek shall not appoint and swear such Packers before such time in every year as is by this Act required they shall for every default forfeit the sum of One hundred pounds of lawful money of England one moyety to his Majesty his Heirs and Successors and the other moyety to him or them that shall inform or sue for the same in any Court of Record by Bill Plaint or other Action wherein no Essoign Protection or Wager in Law shall be allowed And for the better regulating of the Island and Westmony Fisheries Weâ—y Island and Preservation of the Spawn of fish there Be it Enacted and it is hereby Enacted by the Authority aforesaid That from and after the five and twentieth day of December One thousand six hundred sixty thrée no ship or vessel shall procéed upon a Fishing-Voyage for Island or Westmony out of any Port Haven or Créek in England or Wales or out of the Port of Berwick upon Tweed until the tenth day of March in any year upon the pain of the forfeiture of every such ship or vessel with all her Furniture Tackle and Apparel and of all the fish caught in such ship or vessel And it is hereby further Enacted by the Authority aforesaid That no person or persons whatsoever do collect levy or take or cause to be collected levyed or taken in New-found-land any Toll New-found-land or other duty of or for any Cod or Poor John or other fish of English catching under pain of the loss of double the value of what shall be by them levied collected or taken or caused to be collected levied or taken And that no Planter or other person or persons whatsoever do cast or lay any Seme or other Net in or near any Harbour in New-found-land whereby to take the spawn or young Fry of the Poor John or for any other use or uses except for the taking of Bait only upon pain of the loss of all such Semes or Nets and of the fish taken in them or of the value thereof to be recovered in any of his Majejesties Courts in New-found-land or in any Court of Record in England or Wales by Bill Plaint or other Action wherein no Essoign Protection or Wager in Law shall be allowed And it is hereby further Enacted by the Authority aforesaid That no Planter or other person or persons whatsoever None may destroy houses or spoil nets c.
hold the same Lands Shares Lots parts and proportions as fully and effectually as if the said Governour Bayliffs and Conservators had executed respective Estates thereof subject nevertheless to such Decrée as the said Iudicature or Commissioners before nominated and appointed shall make touching or concerning the Premises and also subject to the payment of all Taxes to be laid and imposed by vertue of this Act and no other And whereas there are several sums of money amounting to Four thousand pounds or thereabouts in arrear for Taxes laid and imposed since the Nine and twentieth day of September 4000 l. in arrear for Taxes upon whom to be laid in the yeare of our Lord One thousand six hundred fifty and eight upon several parts of the said Ninety five thousand acres subjected by this Act to the Iudicature aforesaid and for Penalties incurred for non-payment of the same by vertue or colour of some Act or authority or pretended Act or authority Be it therefore Enacted by the authority aforesaid That the said Commissioners or Iudicatory or any two of them aforesaid shall have Power and authority and are hereby required in such adjudication as they shall make touching the Lands subjected to their Iudicature as aforesaid to Direct Order and Decrée upon what Persons or Lands the said Sums of Money so in Arrear for Taxes and Penalties as aforesaid shall be charged and the said Taxes and Penalties shall be accordingly levyed upon such Persons or Lands and in such manner and by such ways and means as shall be Directed Ordered and Decréed by the Iudicature aforesaid or any two of them And as if such Direction Order and Decree had béen particularly hereby Enacted Complaints by particular persons and Parishes And whereas particular persons and Parishes do conceive and alledge That the Dreining of one place hath Drowned and made worse the Lands in other places And whereas divers persons likewise do alledge and complain That the said Ninety five thousand acres in many places are not indifferently set out or allotted according to the Law made at Lyn in the Sixth year of the late King Charles nor according to Agréement made with the Countrey But in many places greater quantities have béen taken from the Owners Commoners and Townships then ought to have béen And that some Lands have béen taken as belonging to one Parish and County which in truth did belong to another And in many places the allotments have béen taken very inconvenient for the Townships which ought not to have béen by the said Agréement And whereas the Dreining aforesaid and future maintenance of the said Great Level ought to be without prejudice to Navigation And because all Complaints which have béen made and all prejudices which have béen or shall be done to particular Persons Parishes and Places cannot by this Act be sufficiently provided for and remedied Be it further Enacted by the Authority aforesaid That Sir John Tracy Knight Commissioners hearing the said Complaints and Differences Sir Charles Mordant Sir Nicholas L' Strange Baronets Sir William Hovel Knight Edward Pepis Humphrey Beddingfield Nicholas Stileman Esquires for the County of Norfolk Sir Nicholas Bacon Knight of the Bath Sir Lyonel Tolimach Baronet Sir John Duncombe Knight Sir Edmond Pooley Knight Sir George Reve Knight and Baronet Sir George Weneve Knight Thomas Waldegrave Esquire for the County of Suffolk Sir Dudley North Sir Thomas Wendy Knights of the Bath Levinus Bennet Esq Robert King John Pepis Doctors of the Law Thomas Crouch Francis North Esquires for the County of Cambridge Sir Thomas Sclater Baronet L' Strange Colthrop John Millecent Thomas Hall John Sotheby Esquires John Bing Esquire and William Wren Esquire for the Isle of Ely Sir Francis Compton Knight Robert Appreece Sutton Ashfield Esquires Anthony South Doctor of the Law Robert Payne Richard Nayler _____ Ferrers of Gedding Esquires for the County of Huntington Sir William Dudley Knight and Baronet Maurice Tresham Francis Kirkham Lewis Palmer Christopher Thursby Francis Lane George Tresham Esquires for the County of Northampton Sir Charles Hussey Sir John Newton Baronets Sir Thomas Meeres Sir Anthony Irby Knights Sir Anthony Oldfield Baronet Richard Brownlow Daniel Rhodes Esquires for the County of Lincoln shall be and are hereby made and constituted the present Commissioners for the purpose herein mentioned And for the supplying the number of the Commissioners of the said respective Counties in case of death or other avoidance or incapacity Be it also Enacted That within Thrée moneths after such death or Notice of such avoidance or incapacity of the remaining Commissioners of each respective County of which such Commissioners who died or became incapable were or the major part of them shall from time to time nominate and appoint by Déed under their Hands and Seals to be enrolled in Chancery some other person or persons residing within the said County of which the said Commissioners who died or became incapable The Power and Authority of the said Commissioners were to be Commissioners in the place and stead of him or them so dying or becoming incapable which said Commissioners hereby constituted or hereafter to be constituted in manner aforesaid or any seven or more of them be are and shall be hereby Authorized and Impowred from time to time to hear and determine such Complaints Controversies Differences and Grievances as are in this Act expressed relating to or concerning or occasioned by the Dreining and Maintaining the said Great Level of any Parish or Township or of any person or persons as well within or without the said Level in such manner as is herein after expressed And that the said Commissioners hereby constituted or hereafter to be constituted in manner aforesaid or any seven or more of them shall from time to time have power and authority and are hereby required at or before the Eight and twentieth day of September which shall be in the year of our Lord One thousand six hundred sixty and six to give or make satisfaction out of the said Ninety five thousand Acres to such Parish or Township Person or Persons whose Lands or Interest therein either within or without the said Level shall after the First day of May One thousand six hundred sixty and thrée be made worse in quality or condition by the aforesaid Dreining or Works then they were before the Vndertaking the Dreining of the said Level in the Sixth year of the Reign of our late King Charles of blessed memory and proportionable to the Losses the owners of or persons interessed in such Lands shall hereafter receive by reason of their Lands being made worse in Quality or Condition by any such Works and Dreining as aforesaid and shall also have power at any time within Four years from the Four and twentieth day of June in the year of our Lord One thousand six hundred sixty and thrée to alter change and restore such parts and parcels of the said Ninety five thousand Acres as
this Act in the exercise of Religion differing from the Rites of the Church of England then every such Kéeper of a Gaol or House of Correction shall for every such offence forfeit the sum of Ten pounds to be Levied Raised and Disposed by such persons The Penalty and in such manner as the penalties for the first and second offences against this Act are to be Levied Raised and Disposed Provided always That no person shall be punished for any offence against this Act Within what time offenders must be prosecuted unless such Offender be prosecuted for the same within Thrée moneths after the offence committed And that no person who shall be punished for any offence by vertue of this Act shall be punished for the same offence by vertue of any other Act or Law whatsoever Provided also and be it Enacted Marryed women how to be punished That Iudgement of Transportation shall not be given against any Feme-Covert unless her husband be at the same time under the like Iudgement and not discharged by the payment of money as aforesaid but that instead thereof she shall by the respective Court be committed to the Goal or House of Correction there to remain without Bail or Mainprise for any time not excéeding Twelve moneths unless her Husband shall pay down such sum not excéeding Forty pounds to redéem her from Imprisonment as shall be imposed by the said Court the said sum to be disposed by such persons and in such manner as the Penalties for the first and second offence against this Act are to be disposed Provided also and be it Enacted by the Authority aforesaid That the Iustices of the Peace How Iustices of the Peace may enter into houses suspected for Conventicles and chief Magistrate respectively Impowered as aforesaid to put this Act in execution shall and may with what aid force and assistance they shall think fit for the better execution of this Act after refusal or denial Enter into any House or other place where they shall be informed and such Conventicle as aforesaid is or shall be held Provided That no Dwelling-house of any Péer of this Realm The houses of Peers whilst he or his Wife shall be there resident shall 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 or two Iustices of the Peace whereof one to be of the Quorum of the same County or Riding Nor shall any other Dwelling-house of any Péer or other person whatsoever be entred into with force by vertue of this Act but in the presence of one Iustice of the Peace or chief Magistrate respectively except within the City of London where it shall be lawful for any such other Dwelling-house to be entred into as aforesaid in the presence of one Iustice of the Peace Alderman Deputy-Alderman or any one Commissioner of the Lieutenancy for the City of London Provided also and be it Enacted by the Authority aforesaid What persons may be not committed to the house of Correction That no person shall by vertue of this Act be committed to the house of Correction that shall satisfie the said Iustices of the Peace or Chief Magistrate respectively That he or she and in case of a Feme-Covert that her Husband hath an Estate of Frée-hold or Copy-hold to the value of Five pounds per annum or personal estate to the value of Fifty pounds Any thing in this Act to the contrary notwithstanding And in regard a certain Sect called Quakers and other Sectaries Persons served with Process refusing to take an Oath 14 Car. 2. cap. 1. are found not only to offend in the matters provided against by this Act but also to obstruct the procéeding of Iustice by their obstinate refusal to take Oaths lawfully tendered unto them in the ordinary course of Law Therefore be it further Enacted by the Authority aforesaid That if any person or person being duly and legally served with Process or other Summons to appear in any Court of Record except Courts-Léet as a Witness or returned to serve of any Iury or ordered to be examined upon Interrogatories or being present in Court shall refuse to take any Iudicial Oath legally tendered to him by the Iudge or Iudges of the same Court having no legal Plea to justifie or excuse the refusal of the same Oath or if any person or persons being duly served with Process to answer any Bill exhibited against him or them in any Court of Equity or any Suit in any Court Ecclesiastical shal refuse to answer such Bill or Suit upon his or their Corporal Oath in cases where the Law requires such answer to be put in upon Oath or being summoned to be a Witness in any such Court or ordered to be examined upon Interrogatories shall for any cause or reason not allowed by Law refuse to take such Oath as in such cases is required by Law That then and in such case the several and respective Courts wherein such refusal shall be made shall be The Penalty and are hereby enabled to Record Enter or Register such refusal which Record or Entry shall be and is hereby made a Conviction of such offence And all and every person and persons so as aforesaid offending shall for every such offence incur the Iudgement and Punishment of Transportation in such manner as is appointed by this Act for other offences Provided always That if any the person or persons aforesaid shall come into such Court How such persons may be acquitted and take his or their Oath in these words I do swear that I do not hold the taking of an Oath to be unlawful nor refuse to take a◠Oath on that account Which Oath the respective Court and Courts aforesaid are hereby authorized and required forthwith to tender administer and register before the Entry of the Conviction aforesaid or shall take such Oath before some Iustice of the Peace who is hereby authorized and required to administer the same to be returned into such Court such Oath so made shall acquit him or them from such punishment Any thing herein to the contrary notwithstanding Provided always That every person convicted as aforesaid in any Courts aforesaid other then His Majesties Court of Kings Bench or before the Iustices of Assize or General Gaol-Delivery shall by Warrant conteining a Certificate of such Conviction under the hand and seal of the respective Iudge or Iudges before whom such Conviction shall be had be sent to some one of His Majesties Gaols in the same County where such Conviction was had there to remain without Bail or Mainprize until the next Assizes or General Gaol-Delivery where if such person so convicted shall refuse to take the Oath aforesaid being tendered unto him by the Iustice or Iustices of Assize or Gaol-Delivery then such Iustice or Iustices shall cause Iudgement of Transportation to be
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-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-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-Sessions shall fail to make an Adjudication thereof That then in such default of the said Iustices of the Peace
have a Mayor and Aldermen and particular Iustices of the Peace by Charter or Commission or Bayliff or Bayliffs or other Chief Officer or Officers and other Assistants by like Charter and where two or more Churches or Chappels or a Church a Chappel the Parishes thereunto belonging do lie within the said Corporation or Liberties thereof convenient to be united In such cases the Bishop of the Diocese where such Parish and Parishes are with the consent of the Mayor Aldermen and Iustices of the Peace Bayliff or Bayliffs or other Chief Officer or Officers or the major part of them and of the Patron or Patrons of such Church or Churches Chappel or Chappels shall or may according to due form of Law unite the said Churches or Chappels or Church and Chappel or any of them and shall appoint at which Church or Chappel Churches or Chappels the said Parishioners and Inhabitants of the said Parishes or places to which the said Churches or Chappels or Church and Chappel do belong shall usually méet for the worship of God and which of the said Churches or Chappels or Church or Chappel shall be united and annexed unto the other which shall be the Church Presentative unto which all Presentations shall thereafter be only made unto which the Parishioners shal resort as their proper Church And after such Order made the said Churches or Chappels or Church and Chappel shall accordingly for ever stand united And the Parishioners Landholders and Inhabitants of the said Parishes and places belonging to such Churches or Chappels or Church and Chappel so united and annexed shall as they or any of them become void and from thenceforward pay all such Tythes and other Duties as belong or did belong to the Incumbent of any of the said Churches or Chappels or Church and Chappel so united and annexed unto the Incumbent of the said Presentative Church or Chappel unto which the said other Churches or Chappels or Church or Chappel shall be so united and annexed Parishes shall remain distinct notwithstanding such Vnion of Churches And it is hereby also Enacted That notwithstanding any such Vnion to be made by vertue hereof each of the Parishes so united shall continue distinct as to all Rates Taxes Parochial Rites Charges and Duties and all other Priviledges Liberties and respects whatsoever other then what is herein before mentioned and specified And Churchwardens shall be elected and appointed for each Parish as they were before such union made How and when such Vniting shall take effect And it is further Enacted and Provided That where one or more of the said Churches or Chappels or Church and Chappel so united and annexed shall be full at the time of making such Vnion That then the said Vnion shall take effect for every such Church or Chappel And how severall Patrons shall present upon the first Avoidance after such Vnion made And that the several Patrons of the said Churches and Chappels so Vnited shall and may present by turns to that Church onely which shall remain and be presentative from time to time in such order as the said Bishop with the consent of the said Mayor Aldermen and Iustices of Peace Bayliff or Bayliffs or other chief Officer or Officers within such Parishes or the major part of them and of the Patron or Patrons of such Church or Churches Chappel or Chappels shall determine and decrée for the preservation of their respective Rights therein respect being therein had to the difference of the values of the yearly Maintenance belonging to such Churches or Chappels or any of them Saving unto the Kings Majesty His Heirs and Successors all the Tenths and First-Fruits of all such Churches and Chappels so to be Vnited according to the rates and valuations at which the said Churches and Chappels are Rated and Valued in the Office of First-Fruits and Tenths in His Majesties Court of Exchequer And also reserving all Procurations and Pensions to all persons to whom they are now and have béen formerly or shal be hereafter due and payable Any thing herein contained notwithstanding How Vnions must be registred Provided always That no Vnion of Parishes or places to be made by vertue of this Act shall commence or be effectual in Law until it be Registred in the Register Book of the Bishop of the Diocese which the Register is hereby required to do Parishes having 10 l. maintenance may not be Vnited Provided always That no Vnion made by vertue hereof shall be good and effectual where the setled Maintenance belonging to the Parsons Vicars and Incumbents of the Church or Chappel or Churches or Chappels so Vnited shall excéed the sum of One hundred pounds per annum cléer and above all Charges and Reprises unless the respective Parishioners or the major part of them under their hands desire otherwise Incumbents oâ— sâ—ch Vnited Pâ—â— shes must be graduates of the Vniversity Provided always And be it Enacted That every Minister setled as aforesaid the Incumbent of any Church or Chappel or Churches or Chappels united according to this Act shall be the full and lawful Incumbent thereof to all intents and purposes so as such Minister be a Graduate in one of the Vniversities of this Kingdom Owners of Impropriations may bestow and annex mâ—intenance to the Churches where they lie And be it further Enacted by the Authority aforesaid That every Owner or Proprietor Owners or Proprietors of any Impropriation Tythes or Portion of Tythes in any Parish or Chappelry within the Kingdom of England or Dominion of Wales is are and shall be by vertue of this Act inabled and impowred to give or bestow unite and annex the same or any part thereof unto the Parsonage or Vicarage of the said Parish Church or Chappel where the same do lie or arise or settle the same in Trust for the benefit of the said Parsonage or Vicarage or of the Curate and Curates there successively where the Parsonage is Impropriate and no Vicar indowed according to his or their respective Estates Without license of Mortmain without any License of Mortmain Any Law or Statute to the contrary notwithstanding Parsons and Vicars not having setled means of 100 l. per annum may purchase and annex lands or rents without license in Mortmain And be it further Enacted That if the setled Maintenance of such Parsonage Vicarages Churches and Chappels so united or of any other Parsonage or Vicarage with Cure in the Kingdom of England or Dominion of Wales shall not amount to the full sum of One hundred pounds per annum cléer and above all charges and reprises That then it shall be lawful for the Parson Vicar and Incumbent of the same and his successors to take receive and purchase to him and his successors Lands Tenements Rents Tythes or other Hereditaments without any License of Mortmain Any Law or Statute to the contrary notwithstanding CAP. IV. A Former Act for Regulating the Press
nine hundred and two pounds fiftéen shillings and eight pence And all and every person or persons who shall be liable to or any wayes concerned or imployed in the assessing collecting levying receiving or paying of the Moneys by this Act imposed shall have like benefits advantages and discharges and shall be subject to like penalties and forfeitures in case of any neglect or refusal to pay their respective Assessment or to perform their respective duties as any other person or persons lyable unto or concerned or imployed in the assessing collecting levying receiving or paying any of the said former Assessments ought to have or be subject unto as fully and amply as if all and every the clauses matters and things to the said former Assessments relating had béen again in this Act repeated and Enacted The meeting of the Commissioners And be it further Enacted That the several Commissioners shall méet together at the most usual and common place of méeting vpon or before the Tenth day of January One thousand six hundred sixty seven to put this Act in Execution And that the said One hundred and twenty thousand nine hundred and two pounds fiftéen shillings and eight pence shall be assessed collected levied and paid unto the Receivers of the several Counties appointed or to be appointed by His Maâ—esty and by them answered and paid into his Majesties Exchequer upon or before the Fiftéenth day of February One thousand six hundred sixty and seven Anno XVIII Caroli II. Regis CAP. I. Moneys raised by a Poll and otherwise towards the Maintenance of the present War MOst Gracious Soveraign We Your Majesties most Obedient and Loyal Subjects the Commons now in Parliament Assembled having taken into our serious Consideration the many and urgent Occasions which at this time do press Your Majesty to an extraordinary Expence of Treasure for the Defence of Your Majesties Kingdoms and Dominions and in most thankful acknowledgment of Your Majesties just and tender Care of the welfare of Your People A Free Gift presented to his Majesty towards the carrying on the Warre Do most humbly present unto Your Majesty a Frée Gift of several Sums of money towards the carrying on of the present War to be Levied in such manner as is hereafter expressed and do beséech your Majesty to accept thereof And that it may be Enacted And be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and of the Commons in this present Parliament Assembled and by the Authority of the same That all and every person and persons Bodies Politique and Corporate Guilds or Fraternities within this Kingdom of England Dominion of Wales or Town of Berwick upon Tweed having any personal Estate in such Debts owing to them within the Realm or without Of Personal Estates in Debts and Moneys which he or they do not account or estéem as desperate over and besides such just Debts as he she or they shall bona fide owe or in ready moneys shall yield and pay unto His Majesty for every Hundred pounds in such Debts and ready Moneys the sum of Twenty shillings to be Assessed Imposed Levied and Collected in manner herein after mentioned Debts and Moneys not chargeable by this Act. Provided always That no sum of Money which hath béen lent unto his Majesty upon the Security of the Act Passed at Oxford in the Seventéenth year of his Majesties Reign entituled An Act for granting the Sum of Twelve hundred and fifty thousand pounds to the Kings Majesty for His present further Supply or lent by the City of London upon the Security of His Majesties Revenue arising by Hearth-money 17 Car. 2. cap. 1. at the rate of Sir per Cent. and which at the time of the execution of this present Act shall be unpaid nor any sum of money which shall be lent unto his Majesty upon the Security of this present Act or upon the Security of any other Act of Parliament passed or to be passed during this present Session of Parliament at the rate of Sir per Cent. shall be Rated or Assessed by vertue of this Act Any thing herein contained to the contrary notwithstanding Commissioners and Officers chargeable And be it further Enacted by the Authority aforesaid That all and every person and persons Commissioner or Commissioners having using or exercising any Office Place or publick Imployment whatsoever such persons who are or shall be in Muster and Pay at Land or Sea onely excepted and all and every their Deputies Agents Clerks Secondaries Substistutes and other their inferiour Ministers and Servants whatsoever who are already Taxed in and to the said Monethly Assessment for and in respect of their Offices Agencies and Imployments shall likewise pay vnto his Majesty over and above the several sums with which they are or shall be Charged in or to the said Monethly Assessment the sum of Twelve pence for every Twenty shillings which he or they do receive in one year by vertue of any Fées Profits Perquisites or other Advantages to him or them accruing or by reason or occasion of their several Offices Agencies and Imployments And such who are not already Taxed in and by the said Monethly Assessment for and in respect of their Commissions Offices Agencies and Imployments shall yield and pay unto His Majesty the full sum of Thrée shillings for every Twenty shillings which he or they do receive in one year by vertue of any Fées Profits Perquisites or other advantages to him or them accruing or by reason or occasion of their several and respective Commissions Offices Agencies and Imployments The said several sums of Twelve pence in every Twenty shillings and Thrée shillings in every Twenty shillings to be Assessed Imposed Levied and Collected in such manner as is herein after mentioned Allowing to every such Officer and Commissioner one Third part of the Annual Salary or Sum of money he shall so receive for and towards his or their charge of executing any such Commission Office or Place before mentioned And be it further Enacted by the Authority aforesaid Pensions and Stipends from his Majesty That all and every other person and persons having or claiming to have any Pension or yearly Stipend or Annuity by vertue of any Gift or Grant from His Majesty under his Great Seal or Privy Seal shall pay unto his Majesty the sum of Thrée shillings for every Twenty shillings by the year so given or granted as aforesaid to be Assessed Imployed Levied and Collected in such manner as is herein after mentioned And be it further Enacted by the Authority aforesaid That all Sergeants at Law Counsellors Sergeants at Law Counsellors Attorneys Sollicitors Scriveners Advocates Proctors Notaries Physitians Attorneys Sollicitors and Scriveners and all Advocates Proctors and publick Notaries and all and every person and persons practising the Art of Physick shall pay unto His Majesty the sum of Two shillings
shillings Canon Prebendary Every person of the Degrée of a Canon or Prebendary of any Cathedral or Collegiate Church excepting such sole Prebendary who is a sole Corporation and his Prebend not Rated in the Exchequer at above Thirty pounds Doctor of Divinity Law Physick shall pay the sum of Fifty shillings Every person of the Degrée of a Doctor in Divinity Law or Physick shall pay the sum of Five pounds Doctors of Divinity not beneficed Provided always That no Doctor of Divinity not having any Benefice or Ecclesiastical preferment shall be charged for his Title or Dignity of Doctor by vertue of this Act nor the Widow of any Ecclesiastical person shall be charged for the third part according to the Title or Dignity of her late Husband And be it further Enacted by the Authority aforesaid That for the better Assessing Ordering and Levying of the several sums of money so as aforesaid limited and appointed to be paid and for the more effectual putting of this present Act in execution such persons shall by vertue of this Act be Commissioners for the several and respective Counties Who shall be Commissioners to execute this Act. Cities Boroughs Towns and Places within the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed as are nominated and appointed Commissioners for putting in execution the Powers in a former Act of this Parliament 16 17 Car. 2. cap. 1. entituled An Act for granting a Royal Ayd unto the Kings Majesty of Twenty four hundred threescore and seventeen thousand and five hundred pounds to be raised levied and paid in the space of Three years And be it further Declared and Enacted by the Authority aforesaid That these persons hereafter named shall be added Commissioners for the several Counties Places and Precincts respectively and shall exercise the same power as if they had béen named in the said former Act Viz. Bedford For the County of Bedford Villiers Charnock Humphrey Monox John Beecher Thomas Daniel John Gardiner Esquires _____ Horne Peter Harman Gent. Berks. For the County of Berks Sir William Craven Knight John Kingsmill Esquire John Withwick Edward Keat Charles Fettiplace William Bowles senior Esquires John Munday William Packer Richard House Gent. _____ Gilly Esquire Hugh Barker Doctor of Physick Bucks For the County of Bucks Sir Charles Clever Knight Sir Timothy Tyrrel Knight and Baronet Sir Frederick Hyde Thomas Catesby Edward Stafford Esquires Matthew Archdel Gent Sir John Busby For the Town of Buckingham George Robbins Cambridge For the County of Cambridge Sir John Jacob Baronet Sir Ralph Bovey Baronet Roger Pepys Esq Gerrard Russel Esq For the Town of Cambridge Rowland Simpson Alderman Ely For the Isle of Ely William Legat Anthony Fisher Peter Diamond Esquires Chester For the City and County of the City of Chester Thomas Cooper Alderman Edward Bradshaw Esq Richard Burd Alderman Richard Minshal Richard Taylor John Poolie Robert Harvy Aldermen Cornwall For the County of Cornwall John Trelawney of Trelawen Thomas Vivian John Moulesworth Esquires William Inch Abel French Nicholas Trebarfoot Edward Herle Edward Hoblin Nicholas Herle Walter Leech George Spry William Bond Thomas Dodson Iohn Arundel Iohn Tregygle William Thomas Anthony Tanner John Barret Thomas Penhallow Iohn Tamlin Iohn Verman Richard Williams Iohn Williams Esquires William Kegwin Henry Edwards Arthur Painter Gent. Cumberland For the County of Cumberland John Warwick Richard Lamplugh Miles Penington Joseph Patrickson Iohn Senhouse William Orphaur Ferdinando Hudleston Leonard Dykes Hugh Ascue Richard Patrickson John Punsonbee Esquires Devon For the County of Devon Christopher Lord Torington Richard Duke Gydeon Heydon Richard Lee Richard Hillersdon Samuel Roll Arthur Ashford John Bluet William Bragg Matthew Halls Edmund Parker John Mallet Esquires Sir Iohn Stowel Iohn Chichester Esquire Exon. For the City and County of Exon John Mallet Esquire Doctor Edward Masters Chancellor of the Diocess Eustace Budgell Gent. Derby For the County of Derby George Savile Robert Ashton John Gell Iohn Low Iohn Du◠Esquires Andrew Clayton Robert Moore Gent. Richard Merchant Alderman Edward Abney Esquire Dorset For the County of Dorset Robert Cullyford William Frampton Robert Williams Henry Henly junior Humphrey Weld Esquires the High Sheriff for the time being Iohn Ellesdon Salomon Andrews Iohn Gallop Gentlemen Pool For the Town and County of Pool the Mayor for the time being William Okeden Allen Skutt Gentlemen Durham For the County Palatine of Durham Sir George Fletcher Baronet Robert Shaftoe Humphrey Wharton Thomas Craddock Christopher Saunderson John Jeffreyson Esquires Robert Newhouse Edward Arden Gent. Essex For the County of Essex Sir John Archer one of the Iustices of the Common Pleas Philip Saltenston Thomas Cullum Esquires Timothy Midleton Esq Sir James Russet Edward Shelton Francis Mildmay Colchester For the Town of Colchester Sir Harbotle Grimstone Baronet Master of the Rolls John Eldred senior Iohn Eldred junior Esquires Harwich For the Town of Harwich and Dover-Court the Mayor for the time being Sir Cappel Luckin Knight and Baronet Iohn Eldred junior Esquire Mr. George Coleman Daniel Smith Captain Hunter Alderman Sack Samuel Newton Alderman Robinson Alderman Garriot Alderman Hawks Gloucester For the County of Gloucester Sir John Treacy Sir William Juckson Sir Iohn Newton Baronets Sir Francis Fane Knight of the Bath Sir Iohn Poynts Knight John Merideth Iohn Vaughan Thomas Carpender William Oldesworth John Browning Thomas Veel of Simons Hall Edward Smith George Brett Roger Lingan Robert Loggin Esquires VVilliam Hancock Conway Whitton Thomas Smith Richard Jones of Hanham Thomas Wise Richard Hart Gent. City of Gloucester For the City and County of the City of Gloucester Sir Bainham Throckmorton Knight and Baronet Mr. Thomas Aram Merchant Mr. Iohn Marston Colonel Richard Atkins William Cook Esquire Hereford For the County of Hereford James Pitts Francis Pember of Elsdon Robert Minors of Treagoe Edward Scrimshaw Iohn Bridge of Priors-Court Esquires John Burch of Garnston Iohn Curver of Upton Henry Milbourne William Driver Gilbert Hare Gent. City of Hereford Bridstock Herford Esquire Humphrey Diggs Humphrey Howarth James Wellington Gent. Hertford For the County of Hertford Sir Thomas Brograve Sir Robert Joscelyne Baronets Sir John Witterong Knight and Baronet Sir Charles Cleaver Knight Robert Dicer Iohn Cesar Ralph Radcliffe Francis Shalcross Edward Chester Thomas Tooke Esquires Richard Taverner King of Hempstead Joseph Edmonds Charles Cesar George Nodes George Poyner Joseph Hatch Charles Crouch Thomas James Iohn Dagnoll Gentlemen VVilliam Glascock Esquire Saint Albons For the Burrough of Saint Albans Joshua Lomax Edward Crosby Thomas Rotheram William Rugg William Rance Aldermen Iohn Dogget Huntington For the County of Huntington Sir Iames Beverly Iohn Dryden Anthony Hammon Major Dean of Godmanchester Kent For the County of Kent Sir Thomas Monins Sir Thomas Peirse Baronets Sir Iohn Shaw Knight and Baronet Sir Nicholas Strode Knight Edward Master Elwin VVyat William VViseman Esquires The Mayor of Maidstone for the time being Canterbury For the City and County of Canterbury William
upon this Act may be Assigned over And be it further Enacted by the Authority aforesaid That every person or persons to whom any moneys shall be due by vertue of this Act after Warrant or Order entred in the Book of Register aforesaid for payment thereof his Executors Administrators or Assigns by Indorsement of his Order or Warrant may assign and transfer his Right Title Interest and Benefit of such Warrant or Order or any part thereof to any other which being notified in the Office of the Auditor of the Receipt aforesaid and an entry and memorial thereof also made in the Book of Registry aforesaid for Warrants which the Officers shall on request without Fée or charge accordingly make shall intitle such Assignée his Executors Administrators and Assigns to the benefit thereof and payment thereon And such Assignée may in like manner Assign again and so Toties quoties and afterwards it shall not be in the power of such person or persons who have made such Assignments to make void release or discharge the same or any the moneys thereby due or any part thereof Persons sued for executing this Act may plead the general issue And be it further Enacted by the Authority aforesaid That if any Action Plaint Suit or Information shall be commenced or prosecuted against any person or persons for what he or they shall do in pursuance or in execution of this Act such person or persons so sued in any Court whatsoever shall or may plead the general Issue Not guilty and upon any Issue joyned may give this Act and the special matter in Evidence And if the Plaintiff or Prosecutor shall become Nonsuit or forbear further prosecution or suffer Discontinuance or if a Verdict pass against him the Defendant and Defendants shall recover their treble Costs for which they shall have the like remedy as in any Case where Costs by the Law are given to Defendants CAP. II. Cattel may not be imported from Ireland and other parts beyond the Seas nor Fish taken by Foreigners WHereas by an Act of this present Parliament entituled An Act for the Encouragement of Trade amongst other things some Provision was made for the preventing of coming in of vast Numbers of Cattel 1◠Car. 2. cap. 5. Stat. 3. whereby the Rents and Values of the Land of this Kingdome were much fallen and like dayly to fall more to the great Prejudice Detriment and Impoverishment of this Kingdom which nevertheless hath by experience béen found to be ineffectual and the continuance of any Importation either of the Lean or Fat Cattel dead or alive herein after specified not onely Vnnecessary but very Destructive to the welfare of this Kingdome Be it therefore Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled That such Importation from and after the second day of February Importation of Cattel a common Nusance in this present year One thousand six hundred sixty and six is a publick and common Nusance and shall be so adjudged déemed and taken to be to all intents and purposes whatsoever And that if any great Cattel Shéep or Swine or any Béef Pork or Bacon except for the necessary Provision of the respective Ships or Vessels in which the same shall be brought not exposing the same or any part thereof to Sale shall from and after the said second day of February by any wise whatsoever be Imported or brought from beyond Seas into this Kingdom of England Dominion of Wales or Town of Berwick upon Tweed That then it shall and may be lawful for any Constable The Penalty Tything-man Headborough Church-wardens or Overséers of the Poor or any of them within their respective Liberties Parishes or Places to take and seize the same and kéep the same during the space of Eight and fourty hours in some publick or convenient place where such Seizure shall be made within which time if the Owner or Owners or any for them or him shall make it appear unto some Iustice of the Peace of the same County where the same shall be so seized by the Oath of two credible Witnesses which Oath the said Iustice of Peace is hereby impowred and required to administer That the same were not Imported from Ireland or from any other place beyond the Seas not herein after Excepted after the said second day of February Then the same upon the Warrant of such Iustice of Peace shall be delivered without delay But in default of such Proof and Warrant then the same to be forfeited One half thereof to be disposed to the use of the Poor of the Parish where the same shall be so found or seized the other half to be to his or their own use that shall so seize the same And for the better encouragement of the Fishery of this Kingdom Be it further Enacted by the Authority aforesaid That if any Ling Herring Cod or Pilchard fresh or salted Encouragement of Fishery dryed or bloated or any Salmons Eels or Congers taken by any Foreigners Aliens to this Kingdom shall be Imported uttered sold or exposed to sale in this Kingdom That then it shall and may be lawful for any person or persons to take and seize the same The one half thereof to be disposed of to the use of the Poor of the Parish where the same shall be so found or seized the other half to his or their own use which shall so seize the same Provided always That nothing in this Act shall be construed to hinder the Importation of Cattel from the Isle of Man in this Kingdom of England Isle of Man so as the number of the said Cattel do not excéed Six hundred Head yearly And that they be not of any other Bréed then of the Bréed of the Isle of Man And that they be landed at the Port of Chester or some of the Members thereof and not elsewhere This Act to continue until the end of Seven years and from thence to the end of the First Session of the next Parliament CAP. III. A former Act for preventing of Theft and Rapine upon the Northern Borders of England Continued WHereas an Act was made in the Fourtéenth year of the Reign of our Soveraign Lord the King that now is entituled 14 Car. 2. cap. 22. An Act for preventing of Theft and Rapine upon the Northern Borders of England which Act is very near expiring and hath béen found very necessary for the preservation of those places from that great number of Lewd Disorderly and Lawless persons that usually frequented thereabouts Be it therefore Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled That the said Act and every Clause and Clauses therein contained and all and every the Powers and Authorities thereby given be continue and remain
are for the use and service aforesaid to be kept in His Majesties Office of Receipt in the said Mint or Mints under the usual Keys of the Warden Master and Worker and Comptroller for the time being and issued out thence from time to time according to the manner and course of the said Mint or Mints respectively And it is hereby further Enacted That there shall not be issued out of the Exchequer of the said moneys in any one year for the Fées and Salaries of the Officers of the Mint or Mints and towards the providing maintaining and repairing of the Houses Offices and Buildings and other necessaries for Assaying Melting down and Coyning above the sum of Thrée thousand pounds Sterling money And the overplus of the said moneys so kept or to be kept as aforesaid shall be imployed for and towards the expence waste and charge of assaying melting down and Coynage and buying in of Gold and Silver to Coyn The continuance of this Act. and not otherwise And lastly Be it Enacted And it is hereby Enacted by the Authority aforesaid That this Act shall continue and be in force until the Twentieth day of December which shall be in the year of our Lord One thousand six hundred seventy one and until the end of the first Session of Parliament then next following Proviso and no longer Provided always and be it further Enacted That where His Majesty in and by his Letters Patents under his Great Seal dated at Westminster the Twentieth day of August in the Twelfth year of his Reign Dame Barbara Villiers did for divers good causes and considerations Him moving give and grant to Dame Barbara Villiers Widow the sum of Two pence by tale out of every pound weight Troy of Silver moneys which from thenceforth should be Coyned by vertue of any Warrant or Indenture made and to be made by His Majesty his Heirs and Successors To have hold receive perceive and take the same unto the said Dame Barbara Villiers her Executors Administrators and Assigns from the Ninth day of the then instant August wéekly as the said moneys should be Coyned for and during the term of One and twenty years as by the same doth appear That His Majesty may out of the moneys leviable by this Act appoint and cause reasonable satisfaction to be made yearly to the said Dame Barbara Villiers her Executors and Administrators for her Interest in the Premisses not excéeding the sum of Six hundred pounds in any one year Anno Regni CAROLI II. Regis Angliae Scotiae Franciae Hiberniae Decimo Nono AT the Parliament begun at Westminster the Eighth day of May Anno Dom. 1661. In the Thirteenth Year of the Reign of our most Gracious Soveraign Lord CHARLES by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. And there continued by several Prorogations to the 18th day of September 1666. And then continued to the 8th of February following And thence Prorogued to the 10th of October 1667. were Enacted as followeth CAP. I. An Act Explanatory of the Act for Raising Moneys by a Poll and otherwise towards the Maintenance of this present War 18 Car. 2. cap. 1. WHereas by an Act of this present Session of Parliament Intituled An Act for Raising Moneys by a Poll and otherwise towards the Maintenance of this present War It is Enacted That all and every person and persons shall pay unto His Majesty the sum of Twelve pence over and above the other Rates charged upon them by the said Act To prevent all doubts that may arise in the execution thereof Be it Enacted and Declared by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled and by the Authority of the same That the said sum of Twelve pence shall be charged upon and be paid by every person of what age sex or condition soever within the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed other then such persons who receive Alms from the Parish and the Children of any person remaining in his or her family who by reason of their poverty doth not contribute unto the Rates for Church and Poor and which are under the age of sixtéen years and are therefore exempted by the said Act. And be it further Enacted That the respective Parents Guardians and Tutors of every person under the age of One and twenty years shall upon default of payment by such person and upon demand pay Twelve pence for every such person residing in their family or under their Tuition and not exempted as aforesaid And be it Enacted That every person and persons charged or appointed to make any payment by vertue of this present Act shall be compellable by the Commissioners appointed by the before recited Act or any two or more of them to pay the same according unto the Rules and Methods and under the Penalties for paying the Rates expressed in the said recited Act. And be it further Enacted and Declared That every person or persons charged by the said recited Act for his or their Profession Office or in respect of any other capacity chargeable by this or the aforesaid Act who shall find him or themselves overcharged shall and may upon his or their Appeal before the Commissioners in the said Act mentioned or any two or more of them upon his or their several Oaths discharge him or themselves in such manner and form as persons over-rated for their personal Estates are by the said Act enabled And be it Enacted That all persons not being Housholders nor having a certain place of abode and all Servants shall be taxed at the places where they shall be resident at the time of the execution of the said Act and not otherwhere CAP. II. A Judicature erected for Determination of Differences touching Houses Burned or Demolished by reason of the late Fire which happened in London WHereas the greatest part of the Houses in the City of London and some in the Suburbs thereof have béen burnt by the dreadful and dismal Fire which happened in September last Many of the Tenants Vnder-tenants or late Occupiers whereof are liable unto Suits and Actions to compel them to repair and rebuild the same and to pay their Rents as if the same had not béen burned and are not relieveable therein in any ordinary course of Law and great Differences are like to arise concerning the said Repairs and new Building of the said Houses and payment of Rents which if they should not be determined with all spéed and without charge would much obstruct the rebuilding of the said City And for that it is just that every one concerned should bear a proportionable share of the loss according to their several Interests wherein in respect of the multitude of cases varying in their circumstances no certain general rule can be prescribed Be it
their respective Deputies and Clerks herein offending be lyable to such Action Debt Damages and Costs in such manner as aforesaid Provided always and it is hereby declared That if it happen that several Tallies of Loan or Certificates for Wares delivered or Orders for Payments from his Majesty as aforesaid bear date or be brought the same day to the Auditor of the Exchequer to be Registred then it shall be interpreted no undue preference which of these he enters so he enter them all the same day Provided also That it shall not be interpreted any undue preference to incur any penalty in point of payment if the Auditor direct and the Clerk of the Pells Record and the Teller do pay subsequent Orders of persons that come to demand their money and bring their Orders before other persons that did not come to demand their money and bring their Orders in their course so as there be so much money reserved as will satisfy their Orders which shall not be otherwise disposed but kept for them Interest upon Loan being to cease from the time the money is so reserved and kept in Bank for them And be it further Enacted by the Authority aforesaid That every person or persons to whom any money shall be due by vertue of this Act after Warrant or Order entred for payment thereof his Executors Administrators or Assigns by Indorsement of his Order or Warrant may assign and transfer his interest and benefit of such Warrant to any other which being notified and an Entry and Memorial thereof also made in the said Registry for Warrants which the Officer shall on request without Fees or Charge accordingly make shall entitle such an Assignée his Executors Administrators and Assigns to the benefit thereof and payment thereon And such Assignée may in like manner assign again and so Toties quoties And afterwards it shall not be in the power of such person or persons who have made such Assignments to make void release or discharge the same or the moneys thereby due or any part thereof Provided always and be it further Enacted by the Authority aforesaid That the sum of three hundred and eighty thousand pounds shall be charged and registred in the Book of Register appointed by this Act to be kept in the Office of the Auditor of the Receipt of the Exchequer to be paid to the Treasurer of the Navy for the time being out of the money payable for the last ten moneths of the eleven moneths Assessment granted by this Act for the Salaries and Wages of such Officers Seamen Mariners and Souldiers as are or shall be imployed aboard your Majesties Navy for this present Winter beginning at the first day of January one thousand six hundred sixty six and aboard your Majesties Navy for the Summer in the year of our Lord one thousand six hundred sixty seven The said three hundred and eighty thousand pounds to be charged and registred as aforesaid in manner and form following that is to say When Orders shall be first registred for one hundred thousand pounds for the Service of the War to be paid out of the money arising upon the said ten moneths in course as is by this Act directed and prescribed That then and immediately after one or more Orders shall be registred for the payment of two hundred thousand pounds part of the three hundred and eighty thousand pounds above mentioned to the Treasurer of the Navy to be by him imployed for the paying of the Wages of Officers Mariners Seamen and Souldiers as is above mentioned And when Orders shall be registred for one hundred thousand pounds more for the Service of the War upon the said ten moneths then and immediately after one or more Orders shall be registred for the sum of one hundred thousand pounds more in further part of the three hundred and eighty thousand pounds above mentioned And when Orders shall be registred for one hundred thousand pounds more for the Service of the War then and immediately after one or more Orders shall be registred for the sum of eighty thousand pounds in full of the three hundred and eighty thousand pounds above mentioned Which said sums of two hundred thousand pounds one hundred thousand pounds and eighty thousand pounds shall be paid in course as they stand registred according to the rules and directions and under the penalties upon the Officers of the Exchequer their Deputies and Clerks prescribed and contained in the Proviso of this Act for Registring and paying in course And it is hereby further Enacted That if the Treasurer of the Navy do divert or imploy the said three hundred and eighty thousand pounds or any part thereof to any use or service whatsoever other then for the payment of the Salaries and Wages of such Officers Seamen Mariners and Souldiers as shall be imployed aboard your Majesties Navy as aforesaid until the said Wages and Salaries shall be fully and entirely paid and discharged That then and in such case he shall forfeit treble the value of the money diverted or imployed contrary to the intent and meaning hereof to be recovered in any of his Majesties Courts at Westminster by Action of Debt Bill Plaint or Information wherein no Essoin Protection Wager of Law Aid Prayer Priviledg Injunction or Order of Restraint shall be in any wise granted or allowed nor any more then one Imparlance One moyety whereof to be to such person as shall sue for the same and the other moyety to your Majesty your Heirs and Successors Provided always and be it Enacted by the Authority aforesaid That whatever moneys shall be wanting or fall short of the twelve hundred and fifty thousand pounds granted by an Act of this present Parliament Entituled An Act for granting the sum of Twelve hundred and fifty thousand pounds to the Kings Majesty for his present further Supply towards the paying in course the several sums of money registred for the Service of the present War according to the Power and Direction of the said Act shall be supplied and paid out of the first moneys granted by this Act and payable for and in the first moneth therein mentioned and granted Any thing in this Act to the contrary in any wise notwithstanding And be it further Enacted by the Authority aforesaid That the Treasurer of his Majesties Navy for himself his Deputies and Clerks shall receive and retain only the sum of one peny in the pound and no more And the Lieutenant or Treasurer of his Majesties Ordnance for himself and his Clerk shall likewise receive and retain onely one peny in the pound and no more out of all the moneys raised borrowed and paid unto and issued out by either of them to any person or persons by vertue and in pursuance of this Act to be allowed in their respective Accounts thereof Provided always and be it Enacted by the Authority aforesaid That if any person being a Receiver of moneys due upon any former Act of this present
Parliament not having accounted for all the moneys by him received and to be accounted for upon such Act or Acts before Christmas one thousand six hundred sixty seven shall be appointed Receiver for any the moneys due by this Act and shall intermeddle therein every such person shall forfeit the sum of five hundred pounds to be recovered by any person or persons that will sue for the same in any of his Majesties Courts of Record by Action of Debt Bill Plaint or other Information wherein no Essoin Protection Wager of Law Aid Prayer Priviledg Injunction or Order of restraint shall be in any wise prayed granted or allowed nor any more then one Imparlance And be it Enacted by the Authority aforesaid That where any money shall by vertue of this Act be assessed upon any Inhabitants or place being within any Castle Fort or Garrison if such money so assessed be not paid within twenty dayes after such Assessment That then the Commissioners for such places shall make Certificate thereof unto the Barons of the Exchequer who shall cause such Proceedings to be had for the recovery thereof as for any other Debt due to his Majesty Provided always and be it Enacted by the Authority aforesaid That in case any part of the moneys which shall be raised by vertue of this Act or any other Act or Acts of this present Parliament shall be assigned or issued for and towards the Victualling of his Majesties Navy the same shall be subject to no charge nor shall any manner of Fee or deduction be taken or made out of the same to any other Officer or person whatsoever save only the usual Fees in such cases due and payable to the Tellers and other his Majesties Officers of the Exchequer And be it further Enacted by the Authority aforesaid That no Letters Patents granted by the Kings Majesty or any of his Royal Progenitors or to be granted by his Majesty to any person or persons Cities Boroughs or Towns Corporate within this Realm of any manner of Liberties Priviledges or Exemptions from Subsidies Tolls Taxes Assessments or Aids shall be construed or taken to exempt any person or persons City Borough or Town Corporate or any the Inhabitants of the same from the burthen and charge of any sum or sums of money granted by this Act or any other Act of this Parliament now in force to the aid and supply of his Majesty in the present War And all Non obstantes in any such Letters Patents made or to be made in bar of any Act or Acts of Parliament for the Supply or Assistance of his Majesty are hereby declared to be void and of none effect any such Letters Patents Grants or Charters or any Clause of Non obstante or other matter or thing therein contained or any Law or Statute to the contrary notwithstanding FINIS A TABLE of the Principal Matters of the several Statutes contained in this Book Accompt and Accomptants 1 ALL Moneys and Goods for which any persons are accomptable not pardoned by the Act of Oblivion are Vested in the King 13 Car. 2. 3. See Excise and Collectors 2. Accompts of Sheriffs 14 Car. 2. 21. Administrators 1 Administrators de bonis non c. may sue Executions upon Judgment obtained by the Testator 17 Car. 2. 8. 2 Administrators and Executors of Sea-men shall pay but 12 d. for their Administration 19 C r. 2. 7. Advowsons See Rectories Ale-houses 1 Foreigners as well as Inhabitants may not tipple in Ale-houses Inns Taverns nor Victualling-houses 1 Car. 1. 4. 2 The penalty and punishment of any that keep an Ale-house or sell Beer Cyder or Perry without Licence 2 Car. 1. 3. Alienation 1 How persons may be eased in pleading Licences of Alienation 1 Câ—r 1. 3. Aliens See Merchants Anniversary 1 A perpetual Anniversary Thanksgiving on the 29th day of May for his Majesties Happy Restauration 12 Car. 2. 14. 2 A perpetual Anniversary Fast on the 30th of Jan. for the Murder of the late King 12 Car. 2. 30. Arrest 1 Persons arrested by Process out of the Kings-Bench or Common Pleas not expressing the cause of Action shall be bailed and set at liberty upon their own Bond for appearance 13 Car. 2. 2. Stat. 2. 2 Bonds given upon Arrests shall be discharged upon appearance Ibidem 3 Arrests upon Capias Utlagaâ— Attachments upon Rescous Contempt and upon Priviledg Excepted Ibidem Attainder 1 The Attainder of several persons for the Murther of his Sacred Majesty King Charles the First 12 Car. 2. 30. 2 The Attainder of the Earl of Strafford reversed 14 Car. 2. 29. 3 Thomas Dolman Joseph Bampfield and Thomas Scott Attainted of Treason if they render not themselves by a day 17 Car. 2. 5. Bankrupts 1 A Further Declaration who shall be esteemed Bankrupts 14 Car. 2. 24. 2 Persons for putting money into the East-India Stock or Guiney Company or Fishing Trade shall not be within the Statute of Bankrupts Ibidem Bays 1 Bays making in Colchester regulated PR 12 Car. 2 22. Benevolence 1 Commissions of that nature not to issue but by Authority of Parliament 13 Car. 2. 14. Books 1 The manner of Licensing all manner of Books and penalty for Printing unlicensed Books and Seditious Pamphlets 14 Car. 2. 33. Bone-Lace See Manufactures Bandstrings See Manufactures Buttons See Manufactures Bromfeild and Yale 1 A Confirmation of divers Estates there in the County of Denbigh 3 Car. 1. 6. Burials 1 All dead persons shall be buried in Woollen onely 1â— Car. 2. 4. Butter 1 How Butter shall be packed and the contents of a Firkin of Butter 14 Car. 2. 26. Cardwire 1 THe Importing foreign Wooll-Cards Card-wire and Iron-wire prohibited 14 Car. 2. 19. Carriages 1 How necessary Carriages shall be provided for the King in his Royal Progresses and Removals 13 Car. 2. 8. 2 How Carriages shall be provided for the Navy see Ships and Shipping Cattell 1 The Penalty for Importing Foreign Cattel at certain times of the year 15 Car. 2. 7. 2 Proviso for Importing Cattel from the Isle of Man ibid. 3 Penalty upon Butchers that shall sell live fat Cattel 15 Car. 2. 8. 4 Cattel may not be Imported from Ireland or other Parts beyond the Seas nor Fish taken by Foreiners 1â— Car. 2. 2. See Nâ—sanâ—e Clerk of the Market 1 Grievances by Clerks of the Market and inequality of Weights and Measures 17 Car. 1. 19. 2 Mayors Head-Officers and Lords of Liberties have power as Clerks of the Market ibid. 3 The penalty of taking any unlawful Fine or Fee by any Clerk of the Market ibid. 4 Water measure in Maritime Towns and others shall be continued as formerly ibid. Cloath 1 A Corporation erected and how Woollen Cloath shall be made in the West Riding in Yorkshire 14 Car. 2. 32. See Bays Coaches 1 The ordering and regulating the number and prices of Hackney-Coaches and who onely may be permitted to keep them about London 13 Car. 2. 2. Stat. 3. Coals 1 The Regulation of the
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-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