AN ABRIDGEMENT OF THE STATUTES Made In the Thirteenth year of the Reign of KING CHARLES The Second: Alphabetically digested under apt Titles and Heads for the ready finding out of the matter. LONDON. Printed in the year of our Lord M.DC.LXI. A brief view of this BOOK. A Recitation of all such Acts by their particular Titles as have received by this Parliament a Confirmation, viz: The Repeal of such Statutes as were injurious to the Church, and Ecclesiastical Jurisdiction. The sole Right of the Militia proved to be in the King. What Offences are now made Treason. The punishment to be inflicted on such as Speak, Writ, etc. any thing against the King or His Government, either in Church or State. What punishment shall be to those that meet in any disorderly numbers, under pretence of presenting public Petitions or Addresses. Moneys, Goods, etc. vested in the King. How such as are excepted out of the Act of Oblivion are to be called to an Account for Moneys, Goods, etc. What Pains, Penalties & Forfeitures are to be inflicted on such persons as are excepted out of the late Act of Oblivion. The Government of the Navy, & for punishing all Offences committed therein. Concerning the Arrears of Excise. Killing of Deer, etc. All which, by the Table following, you will be more particularly satisfied in: where, by apt and significant Titles you will be directed without any further trouble to the main matter in the Book. The Table. ADdresses and petitions, see Tumults. Attempts against the King, see Treason. Articles for the Navy, see Navy Orders. Accounts, see Moneys, Goods, etc. vested in the King. Benevolence, see Present to the King. Bishops, and persons in Holy Orders, see Holy Orders, and Commissioners for Causes Ecclesiastical. Collectors, see Moneys, Goods, etc. Confirmation. page 1. Causes Ecclesiastical. page 5 Carriages, etc. for the King. page 7 Dear-stealing, Killing, etc. page 11 Disorders, see Tumults. Excise Arrears vested in the King. page 12 Free Present, see Present. Forfeitures to the King, see Pains and Penalties. Holy Orders. page 14 The King's Person and Government, see Treason. Militia. ibid. Moneys, Goods, etc. vested in the King. page 17 Navy-Orders. page 19 Progress and Removals, see Carriages. Present to the King. page 27 Pains, Penalties, etc. on excepted Persons. page 28 Preservation of the King's Person and Government, see Treason. Petitions and Addresses, see Tumults. Receivers, see Moneys, Goods, etc. Speaking, Writing, etc. against the King, see Treason. Treasurer, see Moneys, Goods, etc. Treason. page 34 Tumults. page 38 Writing against the King, etc. see Treason. AN ABRIDGEMENT of the Statutes of the Parliament began at Westminster the 8th day of May, in the 13th year of the Reign of King CHARLES the Second. Addresses and petitions, see Tumults. Attempts against the King, see Treason. Accounts, see Treasurers. Bishops, and persons in Holy Orders, see Orders Holy, and Commissioners for Causes Ecclesiastical. Confirmation. STat. 13. Car. 2. cap. 17. Enacted, That all and singular the Acts made or mentioned to be made by his Majesty (by and with the advice and consent of the Lords and Commons) upon or since the 25th day of April, in the 12th year of his Majesty's Reign, herein after particularly mentioned and expressed, shall be and hereby are ratified and confirmed, That is to say. 1. One Act of Free and General Pardon, Indemonity and Oblivion. 2. One other Act, entitled, A Subsidy granted to the King of Tonnage and Poundage, and other Sums of money payable upon Merchandise exported and imported. 3. An Act, entitled, An Act for continuing the Excise until the 20th of August, 1660. 4. An Act for continuing the Excise till the 25th day of December, 1660. 5. An Act for the speedy provision of money, for disbanding and paying off the Forces of this Kingdom both by Land and Sea. 6. An Act for Confirmation of Judicial proceedings. 7. An Act for the speedy disbanding of the Army and Garrisons of this Kingdom. 8. An Act for Supplying and Explaining certain defects in an Act, entitled, An Act for the speedy provision of money for Disbanding and paying off the Forces of this Kingdom both by Land and Sea. 9 An Act to prevent Frauds and Concealments of his Majesty's Customs and Subsidies. 10. An Act for raising Seavenscore thou sand pounds for the Complete Disbanding of the whole Army, and Paying oft some part of the Navy. 11. One other Act, entitled, A grant of certain Impositions upon Beer, Ale, and other Liquors, for the increase of his Majesty's Revenue during his life. 12. An Act for taking away the Court of Wards and Liveries and Tenors in Capite ' and by Knight's Service, and Purveyance ' and for settling a Revenue upon his Majesty in Lieu thereof. 13. An Act for the better Ordering the selling of Wines by Retail, and for preventing Abuses in the mingling, corrupting, and vitiating of Wines, and for setting and limiting the prizes of the same. 14. An Act for the levying of the arrears of the Twelve month's Assessment commencing the 24 of June 1659. And the six months' Assessment commencing the 25 of December, 1659. 15. An Act for Granting unto the King's Majesty four hundred and Twenty thousand pounds by an Assessment of Threescore and ten thousand pounds by the month, for six months, for disbanding the Remainder of the Army, and paying off the Navy. 16. An Act for further Supplying and explaining certain defects in an Act, entitled, An Act for the speedy Provision of money for disbanding and paying off the Forces of this Kingdom both by land and Sea. 17. An Act for the raising of Seaventy thousand pounds for the further supply of his Majesty. 18. An Act for the Attainder of several persons guilty of the Horrid Murder of his late Sacred Majesty King Charles the first. 19 An Act for erecting and Establishing a Post-Office. 20. One other Act, entitled, An Act for putting in Execution an Ordinance mentioned in this Act. And all and every the Clauses, sentences, and articles in them and every of them contained shall be and are hereby ratified and confirmed and declared to have the full force of Acts of Parliament, and so shall be adjudged and taken to all intents and purpose whatsoever. Sata. 13. Car. 2. cap. 11. That the Several Acts made or mentioned to be made by his Majesty (by and with the advice and consent of the Lords and Commons) upon or since the 25 day of April, in the 12 year of his Majesty's Reign, and herein after particularly mentioned and expressed are hereby ratified and confirmed, That is to say. 1. One Act, entitled An Act for the raising of Seaventy Thousand pounds for the farther Supply of his Majesty. 2. An Act for Confirmation of Marriages. 3. An Act for a perpetual Anniversary Thanksgiving on the 29 day of May. Stat. 13. Car. 2. cap. 14. The several Acts (of the aforementioned Parliament begun at Westminster the 25. of April in the 12. years of his Majesty Reign aforesaid herein particularly mentioned & expressed are hereby ratified and confirmed; That is to say. 1. One Act, entitled, An Act for the Encouraging and increasing of Shipping & Navigation. 2. An Act for Prohibiting the Exportation of Wool, Woolfels Fullers-Earth, or any kind of Scouring Earth. 3. An Act impowring the Master of the Rolls for the time being, for to make Leases for years, in order to new build the old Houses belonging to the Rolls. 4. An Act for prohibiting the Planting, setting or Sowing of Tobacco in England and Ireland. 5. An Act for restraining the taking of Excessive Usury. 6. An Act for the present nominating of Commissioners of Sewers. 7. An Act for the incorporating of the Master and Wardens of the Company of Haberdashers, London, to be Governors of the Free-School and Alms-howses in Newport in the County of Salop, of the foundation of William adam's, and for settling of lands and Possessions on them for Maintenance thereof, and other Charitable uses. And all and every the clauses, sentences and Articles in them and every of them contained, shall be and are hereby ratified and confirmed, and Enacted and declared to have the full force and strength of Acts of Parliament. Causes Ecclesiastical. Stat. 13. Car. 2. cap. 12. Reciting An Act of the 17. Car. 1. Entitled, An Act for Repeal of a Branch of a statute, Primo Eliz. concerning Commissioners for causes Ecclesiastical, whereby the Ordinary course of Justice in Causes Ecclesiastical hath been obstructed; Enacteth that neither the said Act nor any thing therein contained, doth or shall take away any ordinary Power or Authority from any Archbishop, Bishops, or any other person or persons, etc. but that they and every of them exercising Ecclesiastical Jurisdiction, may proceed, determine, Sentence, and excercise all manner of Ecclesiastical Jurisdiction, and all Consures and Coertions appertaining and belonging to the same, before the making of the Act before recited, in all causes and matters belonging to Ecclesiastical Jurisdiction, according to the King's Majecty's Ecclesiastical Laws used and practised in this Realm, in as ample manner and form as they did, and might lawfully have done before the making of the said Act. 2. That the afore recited Act 17 Car. 1. and all the matters and Clauses therein contained (Excepting what concerns the High Commission Court, or the New Erection of some such like Court by Commission) shall be and is hereby repealed, to all intents and purposes whatsoever. 3. Provided that this Act shall not extend to revive or give force to the said Branch of the said Statute made in the First year of the Reign of the said late Queen Elizabeth, mentioned in the said Act of Parliament made in the 17 year of the Reign of the said King Charles, but that said Branch shall stand and be repealed in such sort as if this Act had never been made. 4. That it shall not be lawful for any Archbishop, Bishop, Vicar-general, etc. or any other person having or exercising Spiritual or Ecclesiastical Jurisdiction, to tender or administer unto any person whatsoever the Oath called the Oath Ex Officio or any other Oath whereby such person to whom the same is tendered or administered, may be charged or compelled, to confess or accuse, or to purge him, or herself, of any criminal matter or thing, whereby he or she may be liable to any censure or punishment. 5. That This Act shall not extend to give unto any Archbishop, Bishop, or any other Spiritual or Ecclesiastical Judge, Officer, etc. any Power or Authority to exercise, execute, inflict or determine any Ecclesiastical Jurisdiction, Censure or Coercion, with they might not by Law have done before the year of our Lord 1639. Nor to abridge or diminish the King's Supremacy in Ecclesiastical matters and affairs, Nor to confirm the Canons made in the year 1640. nor any of them, nor any other Ecclesiastieal Laws or Canons not formerly confirmed, allowed, or enacted by Parliament, or by the established Laws of the Land as they stood in the year of our Lord 1639. Carriages, etc. for the King. Stat. 13 Car. 2 cap. 8. Reciting the Act made in the 12 year of his Majesty's Reign, entitled, An Act for taking away the Court of Wards and Liveries, Purveyance, etc. and mentioning some great incoveniences which may ensue to his Majesty thereupon in respect of his Majesty's Royal Progresses and Remonvals. It is Enacted, That the Clerk, or chief Officer of his Majesty's Carriages, shall three days at least before his Majesty's arrivial, by Warrant from the Green cloth, give notice in writing to two, or more Justices of the Peace next adjoining, to provide such a number of Carts and Carriages from the places next adjacent, as his Majesty shall have present use of, expressing the certainty of that number, as also the time and place when and where the said Carts and Carriages are to attend, which Carriages shall consist of four able Horses, or six Oxen, or four Oxen and two Horses, for each of which Cart or Carriage, the respective Owners shall receive 6d. for each mile they shall go laden: and in case of refusal to provide and furnish his Majesty that now is, or his Queen that shall be, or his or her Household in their Progress, or Removals, with such sufficient and necessary Carriages, for ready moneys tendered to them; or shall without just and reasonable cause refuse to make their appearance with such sufficient Carts and Carriages, as are before expressed; That then upon due proof and conviction of such neglect and refusal, by the Oath of the Constable or other Officer, or two other credible Witnesses before the said Justices of the County, or Major, or other chief Officer of the City, or Corporation where he or they in habit (which Oath they shall have power to administer) the party shall for such his refusal and neglect forfeit the sum of Forty shillings to the King's use, to be sorthwith levied by distress and sale of his goods and chattels, (rendering the overplus) by warrant from the said Justices, Major, or other Officer. 2. No Horses, Oxen, Cart or Wain, shall be enforced to travel above one day's journey from the place where they receive their loading; and that ready payment shall be made in hand for the said Carriages, at the place of lading, without delay according to the aforesaid rates. 3. If any Justice of the Peace, Major, chief Officer, or Constable shall take any gift or reward to spare any person from making such Carriage, or shall injuriously charge any through envy, etc. who ought not to make such Carriage, or shall Impress more Carriages than shall be diceted from the Green-cloth, that then upon due proof and conviction thereof the party so offending shall forfeit 10 li. to the party grieved, or any who shall sue for the same by Action of debt, etc. wherein no Protection, Essoyn or Wager of Law shall be allowed. 4. Any person presuming to Impress any Horses, Oxen, Cart, Wain, or Carriages for his Majesty's service, other than the person so empowered, shall upon due conviction of the said offence suffer the punishment contained in the first recited Act. 5. That none of his Majesties said Servants shall be compelled to pay above 1 s. by the night for every Bed that they shall use for themselves, nor above 6d. for the same for their servants: And that in all such houses where any of his Majesties said Servants shall pay for their Diet, or for Hay and Provender, convenient Lodging shall be provided for themselves and their servants without paying any thing for the same. 6. That any two or more Justices of Peace near the Road through which his Majesty is to pass, shall immediately after notice in writing from the said Green-cloth, and Avenor, under their hands and seals set down and appoint such reasonable rates and prices to be paid during his Majesty's abode there both for Hay, Oats and other accommodations for Horses, as they shall think meet, which Rates the Justices shall cause to be proclaimed one day at the least before his Majestles coming to such place in the Market-Town next to such place, and in such other places as they shall think fit to the end that notice may be taken of such prices. And if any take above the rates so limited either for Lodging, Horse-meat, Stable-room, or other such accommodations, & thereof be convicted by confession, or Oath of one credible Witness before any one Justice of Peace, (who is to administer the said Oath) every person so offending shall forfeit and pay to the party grieved 40 s. to the levied by distress (by warrant from the said Justice) and sale thereof, returning the overplus (the charge of the distreining being first deducted.) 7. This Act to continue till the end of the first Session of the next Parliament and no longer. Collectors, see Treasurers. Dear-stealing, Killing, etc. Stat. 13 Car. 2. cap. 10. That if any person or persons shall after the first day of August, 1661. unlawfully Course, Kill, hurt or take away any Red or Fallow-Deer in any Forest, Chase, etc. or other Ground where Deer are or have been usually kept within the Realm of England, or Dominion of Wales, without the consent of the Owner, or person chief entrusted with the Custody thereof, or shall be aiding or assisting therein, and shall be convicted thereof by confession, or by the Oath of one credible Witness before a Justice of Peace (who is hereby empowered to-administer an Oath to that purpose) such person being presented within six months after such offence done; shall forfeit for every such offence 20 li to be levied by distress upon the Goods and Chattels of the Offender, by warrant under the Justice's hand, before whom such conviction shall be made, the one moiety to the Informer, the other to the Owner of the Deer: and for want of Sufficient distress, the Offender shall be committed to the House of Corection for six months, or to the Common Goal for one whole year without Bail or Mainprize, at the Justice's discretion and not to be discharged, till sufficient security be given for their good behaviour for one whole year next ensuing their enlargement No offendor punished hereby shall incur the penalty of any other Law or statute for the same offence. Disorders, see Tumults. Excise, Arrears vested in the King. Stat. 13 Car. 2. cap. 13. That all and every Sum and sums of money any ways due, or owing from or by any person or persons, for or touching the Imposition or Duty called the Excise, here o'ore imposed and made payable upon Beer, Ale, or any other Commodities, by any Laws of pretended Laws or Ordinances: And all Debts therefore owing, whether by Obligation or upon Account from the Farmers of Excise, or any other person or persons whatsoever, or any of their Securities, and not pardoned by his Majesty's Act of Pardon and Oblivion, be and are hereby vested in the King, his Heirs and Successors; and that his sacred Majesty, his Heirs and Successors may from time to time and at all times hereafter, have, demand, sue for, and recover the same of all and every person and persons, their Heirs, Executors and Administrators, having Assets, who are any way accountable for the same, or any part thereof, and from his and their respective Sureties and Securities, as if the same Duties of Excise had been lawfully assessed, imposed and collected; and as if the several pretended Acts, Orders and Ordinances, assessing and imposing the same, had been legal Acts of Parliament, and had in express words given and granted all & every the said Duries unto his Majesty; and as if the Obligations and Recognizances entered into by the respective Sureties and Securities had been taken in his Majesty's name. 2. That all persons accountable by virtue of this Act, shall have all such due allowance in their Accounts, as all such persons whose Accounts are excepted in the Act of Pardon, Indemnity and Oblivion, are or aught to have. 3. No person shall be questioned or molested for any of the Duties herein, or hereby vested in the King, except he shall be sued or prosecuted with effect before the 25 of December, 1662. 4. That all persons Accountable hereby, are hereby enabled to sue for, levy and recover from any person who stands indebted unto them in any Sum of money for the Duty of Excise, for which they are hereby accountable, all Sums of money and arrears unsatisfied, in as full manner as they might have received and levied the same when they first grew due. Free Present, see Present. Forfeitures to the King, see Pains and Penalties. Holy Orders. Stat. 13 Car. 2. c. 2. Whereas an Act was made by the Parliament begun at Westminster the 3 of Nou. in the 16 Caroli 1. entitled, An Act for disinabling all persons in Holy Orders to exercise any Temporal Jurisdiction or Authority. Which Act hath made several Alterations prejudicial to the Constitution and ancient Rights of Parliament, and contrary to the Laws of this Land, and is by experience found otherwise inconvenient: It is Enacted that the said Act, and every Clause, matter and thing therein contained, shall be and is hereby from henceforth repealed and made void to all intents and purposes. The King's Person and Government, see Treason. Militia. Stat. 13 Car. 2. cap. 6. A Recitation being made, that it is and ever was by the Laws of England the undoubted Right of his Majesty & his Royal Predecessors, Kings & Queens of England to have the sole Supreme Government, Command and Disposition of the Militia, and of all Forces by Sea and Land, and of all Forts and places of strength, and that both or either of the Houses of Parliament cannot, nor aught to pretend to the same; nor can, nor lawfully may raise, or levy any War offensive or defensive against his Majesty, his Heirs or lawful Successors; and yet the contrary hath of late been practised almost to the ruin of the Kingdom: And whereas during the late Usurpation many rebellious Principles have been distilled into the minds of the People, which unless prevented may break forth into disturbance; And whereas an Act for exercising the Militia (with most safety and ease to the King and people) is under consideration, which cannot as yet be perfected, It is enacted, That the Militia and Land-Forces of this Kingdom and Dominions, etc. now under the power of Lieutenants, or their Deputies, shall be exercised, ordered and managed until the 25 of March, 1662., in such manner as the same now is actually exercised, ordered and managed according to such Commissions and Instructions as they formerly had, or from time to time shall receive from his Majesty. 2. That whereas since the 24 of June 1660. there have been Insurrections by occasion whereof divers have been murdered, and for the security of the Nation divers have been assaulted, arrested, detained or imprisoned, and divers Arms have been seized, and houses searched, etc. It is enacted that all persons who have or shall have acted, or done any thing in execution of any Commission or Commissions of Lieutenancy, issued by the King, or by colour of them or any of them touching, or concerning the same, or any of them, or relating thereunto, shall be and are hereby saved harmless, and indemnified in this behalf. 3. And also all magistrares, Justices of the Peace, Officers and Ministers of Justice, and all that have or shall have acted by or under them or by their or any of their Commands since the said 24 of June 1660. until the 20 of July 1661. as to any assaulting, arresting, detaining, or imprisoning any suspected Fanatic, Sectary, or disturber of the Peace, or seizing of Arms, or searching of Houses for Arms, or for suspected perssons, shall be and are hereby saved harmless and indemnified. 4. That this Act shall not after the 20 of March 1661. be prejudicial to any County, City, or place within this Kingdom which are overcharged with men & Arms beyond their Ancient proportion. 5. That this Act shall not extend to the giving of any power for the transporting of any Subjects of this Realm, or any way compelling them to march out of this Kingdom, otherwise then by the Laws of England ought to be done. 6. That no person be capable of acting as Lieutenant, or Deputy Leiutenant or other Officer or Soldier, by virtue of this Act, who hath not taken the Oaths of Allegiance and Supremacy, since his Majesty's return until he shall take the same, which Oaths any 6 of the Lord of the Council are to administer to any Peer, who shall be Commissionated &c. and any two of the Deputy Lieutenants in their respective Counties to any Commoner. Moneys, Goods, etc. vested in the King. Stat. 13. Car. 2. cap. 3. That all sums of money, Goods, Plate, Jewels, Horses, Arms, Ammunition, and other things whatsoever, levied, received, or taken since the 30 of January 1642. by any of the late pretended Authorities, or by pretence or colour from them, or any of them for any public use, (not pardoned by the Act of Oblivion, made at the Parliament begun at Westminster the 25 of April in the 12 year of His Majesty's reign,) which are not otherwise vested and settled in the King, And all Bonds, Obligations and other Securities entered into for the same or any part thereof, be and are hereby vested and settled in the King his Heirs and Successors, who may from time to time, and at all times hereafter have, demand, sue for, and recover the same of all persons, their HeiRs, Executors and Administrators who are accountable for the same, or in whose hands or possessions soever the same were, or are, as if the same had been levied, received, collected or taken in the King's name, by his Authority, or to his use. 2. That all persons who have received any the aforesaid sums of money from any Treasurer or Receiver for any public use by way of Impressed, to be accounted for, & not pardoned, as aforesaid, shall be liable to Account, & called to account in such manner, as if they had received the same of the Exchequer or other Public Treasury, and particularly those who have received, or collected the Revenues of any Churches or Vicatidges in Wales, or in the County of Monmouth since the year 1648. 3. Provided they all have due allowances in their accounts, as all whose accounts are excepted in the Act of Oblivion, aught to have. 4. That the King his Heirs and Successons, shall and may issue out Commissions as shall be thought fit, either under the Great Seal, or Seal of the Exchequer for the Discovering, Levying, receiving and discharging the same. 5. That all persons accountable hereby are enabled to sue for, levy, and recover from the parties from whom the same was, & is due, and for which they are hereby accountable, all sum of money and Arears in such manner and form as they might have recovered and leavyed the same when they first grew due. 6. That no man shall be called to account or questioned for any Goods or other things in his hands, which shall not be called to account or some Information against him in the Exchequer, or to Commissioners to be appointed as aforesaid, before the 24 of June 1662. and such information prosecuted with effect within Twelve months after the Exhibition thereof. Navy-Orders. Stat. 13. Car. 2. cap. 9 All Officers at Sea, shall cause the Public worship of God according to the Liturgy of the Church of England established by Law, to be Solemnly, orderly, and reverently performed in their Respective ships, and that Prayers and Preach by Chaplains in Holy Orders, of the respective ships be diligently performed, and that the Lords day be observed according to Law. 2. Every Person in the King's pay, using unlawful and rash Oaths, Curse, Execrations, Drunkenness, Uncleanness, or other scandalous Actions, shall be punished as the Court-Martial shall think fit. 3. It shall be Death to every Person in the Fleet who shall give, hold, or entertain Intellgence to or with any King, etc. being enemy to, or any persons in Rebellion against the King, his Heirs and Succeflors, without the King's leave or the leave of the Lord High Admiral, Vice Admiral, or Commander in Chief of any Squadron. 4. Every person in the Fleet who shall receive any Letter or Message from any King, Potentate etc. being enemy to the King, etc. or on their behalf, and do not within twelve hours after (having an opportunity so to do) acquaint the superior Commander with it: Or if a Superior officer or Matiner, being acquainted therewith, or himself in his own person receiving a Letter of Message from any such enemy, or Rebel, and shall not in convenient time reveal the same to the Admiral, Vice-admiral, or the Commander of the Squadron, such person shall suffer Death, or other punishment as the court-martial shall think fit. 5. No Person in the Fleet shall relieve any Enemy or Rebel, in Time of War with any Supply whatsoever, upon pain of death, or as the court-martial shall think fit. 6. All the Papers, Charter-Parties, Bills of Lading, Passports and other Writings whatsoever that shall be found aboard any ship which shall be seized as Prize, shall be preserved and not torn, nor made away, but the very Originals sent up entirely, and wathout fraud to the Court of Admiralty, or such as shall be appointed for that purpose, upon pain of loss of all the shares of the Takers: and such further punishment on the Offenders as the Court-Martial shall impose. 7. None in the King's pay shall take out of any prize, or ship or Goods seized on for Prize, any money, Plate, Goods, Lading or Tackle, before Judgement thereof passed in the Admiralty Court, but the full account of the whole shall be brought in without imbezilment, and judgement pass entirely upon the whole without fraud, upon pain of being punished by a Court-Martial or the Court of Admiralty, Excepting that it shall be lawful for all Captains, Seamen, etc. to take to themselves as Pillage, without account to be given, all such Goods and Merchandise (other than Arms, Ammunition, Tackle, Furniture, or Stores of such ship,) as they shall find upon or above the Gun-deck of any ship taken in fight or prize. 8. None shall Imbezle, Steal, etc. any Cables, Anchors, Sails, Furniture, Powder, Arms, or Ammunition of the Ship upon pain of death, or as a Court-Martial shall adjudge. 9 If any Foorein ship, etc. shall be taken as prize, without resistance, than none of the Captains, Masters, or Mariners, being Foreiners, shall be stripped of their , pillaged or beaten, upon pain that the offender forfeit double damages, but such ships and Goods so taken, shall be preserved entire, to receive Judgement in the Admiralty according to Justice and Right. 10. Every Captain or Commander, who upon signal or Order of fight, or view or sight of any ships of the Enemy, Pirate or Rebel, or likelihood of Engagement, and shall not put all things in a posture for fight, and shall not in his own person according to his place, encourage the inferior Officers, etc. to fight courageously, & not faintly to behave themselves, shall be cashiered, And if such yield to the Enemy, etc. or cry for Quarter; such person or persons shall suffer death, or punishment according to his desert. 11. Every Captain, Commander or others of any ship of War shall duly observe all the Commands of the Admiral, or other superior Commander, upon pain of Death or punishment as the offence shall deserve. 12. Every Captain, and Officers, Mariners and Soldiers of every ship, etc. that shall not in any fight do his utmost against the enemy, etc. and assist and relieve all the King's ships, shall be tried, and suffer Death or other punishment as the Court-Martial shall Judge fit. 13. That the Captains, Officers, and Seamen of all ships appointed for Convoy, etc. who shall not faithfully perform the same, and defend the ships and Goods in their Convoy, without diverting to other parts or occasions, or neglecting to fight in their defence, etc. and submitting those in their convoy to hazard, or shall exact any Reward, from any Merchant or Master for conveying of any ship, or Vessel, etc. belonging to his Majesty's Subjects, they shall make reparation of the damage as the Court of Admiralty shall adjudge, and also be punished criminally either by death or otherwise as the Court-Martial shall judge fit. 14. All persons whatsoever belonging to the Fleet, who shall forbear to pursue or chase an Enemy, etc. beaten, or flying, or shall not assist a known friend in view to his utmost power; shall suffer death, or punishment as the Court-Martial shall think fit. 15. Upon the Command of any Service or action, no man shall presume to stop or discourage the said service and action upon any pretence of wages whatsoever upon pain of death. 16. All See-Captains, Officers and Seamen, that shall betray their Trust, or turn to the Enemy, etc. and either run away with their ship or any Ordnance, Ammunition, or Provision, or yield the same up, shall suffer death. 17. All See Captains, officers, or Mariners that shall desert the Service or employment in the ships, or shall run away, or entice other so to do, shall suffer death. 18. All persons that shall come or be found in the nature of spies, to bring seducing Letters, etc. or shall endeavour to corrupt any Captain, etc. to bettay their trust, etc. shall suffer death. 19 No person in or belonging to the Fleet, shall use seditious or mutinous words, or make or endeavour to make any Mutiny, upon pain of Death. 20. None shall conceal any Traitorous or Mutinous practices, design, or words, or any words against the King, or Government, or any words or designs tending to the hindrance of the service, but shall forthwith reveal them to his superior, upon pain of Punishment as a Court-Martial shall think fit. 21. None shall quarrel with his Superior Officer upon pain of severe punishment, nor strike him, upon pain of death, or as a Court-Martial shall adjudge. 22. If any find cause of complaint upon any just ground, he shall quietly make the same known to his Superior or Commander in Chief, and they are presently to remedy the same, but none shall upon any pretence whatsoever privately attempt to stir up disturbance, on pain of such severe punishment as the Court-Martial shall inflict. 23. None shall quarrel or fight in the ship, nor use provoking speeches, tending to make Quarrel, etc. upon pain of imprisonment and other punishment as the Court-Martial shall adjudge fit. 24. There shall be no wasteful expense of any Ammunition, etc. or other stores in the Fleet, nor any imbezilment thereof, but that the same be carefully preserved, upon pain of such punishment, upon the offenders, Abetters, buyers and Receivers, as the Court-Martial shall adjudge. 25. That such as shall be found guilty either through wilfulness, negligence, or other defaults in the conducting and Steering of the ships, that none be stranded, etc. or split, or hazarded upon pain of such punishment as a Court-Martial shall adjudge. 26. Every one that shall willingly set on fire any ship, Magazine, Store, boat, Catch, Hoy, or Vessel, Tackle or Furniture, not appertaining to an Enemy, or Rebel, shall be punished with death. 27. None shall sleep upon his Watch, neglect the duty imposed, or forsake his Station, upon pain of death: or as the Case shall require. 28. All Murders and wilful Killing of any in the ship shall be punished with death. 29. All Robbery & Theft shall be punished with death, or as the court-martial shall think fit. 30. No Provost-Martiall, shall refuse to receive or keep any Prisoner committed to his charge, nor suffer such to escape, nor dismiss him without order, on pain of the same punishment, which should have been inflicted upon the party dismissed, or permitted to escape, or as the Court-Martial shall think fit. 3. All Captains, Officers, and Seamen, shall do their endeavours to detect, apprehend and bring to punishment all Offenders, and shall assist the Officers, for that purpose, on pain of being punished by the court-martial. 32. Every one committing the unnatural and detestable sin of Buggery or Sodomy with man or Beast, shall suffer death without mercy. 33. All Faults, Misdemeanours, and disorders, committed at Sea, nor herein mentioned, shall be punished according to the Laws and Cuctoms used in such Cases at Sea. 34. The Lord High Admiral for the time being, shall grant Commissions to inferior Vice Admirals, or Commander in Chief of any Squadron of ships, to call Court-martials', consisting of Commanders, and Captains, and no court-martial, for inflicting death, shall consist of less than five Captains, the Admiral's Lieutenant to be as to this purpose esteemed as a Captain: and in no case wherein Sentence of Death shall pass, by virtue of any of the artiels aforesaid (except in ease of Mutiny) shall such sentence be executed, without the leave of the Lord High Admiral, if the offence be committed within the Narrow Seas; But if beyond the narrow Seas, the offence shall be committed, whereupon the Sentence of death shall be given, etc. then Execution shall not be done but by order of the Commander in chief of that Fleet, etc. wherein sentence of death was passed. 35. The Judge Advocate of any Fleet for the time being, shall have power to administer an Oath to any person or witness in order to the Examination or Trial of any of the offences aforesaid, and in his absence the court-martial shall appoint one to administer an Oath as v. 36. That this Act, etc. shall not extend to give unto the Lord Admiral of England for the time being, or to any his vice-admirals, etc. or to any claiming Admirall-power, etc. within any the King's Dominions, any other power, right, Jurisdiction, etc. then he or they or any of them, lawfully have, or aught to have and enjoy before the making of this Act, other then for such of the offences Specified in the several Articles herein contained, as shall he hereafter done upon the main Sea, or in ships or Vessels, being and hover in the main stream of Great Rivers, only beneath the Bridges of the same Rivers, nigh to the sea within the Admiralty Jurisdiction, and in none other places whatsoever, and committed only by such as shall be in actual service and pay in the King's Fleet, or ships of War. Present to the King. Stat. 13 Car. 2. c. 4. enacted, That the King may issue out such and so many several Commissions, under his Great Seal of England, into the several Counties, Cities, Towns Corporate, and all other places in England and Wales, and Berwick upon Tweed, directed to such as the King shall think fit, for the receiving of such Subscriptions, as his Subjects shall voluntarily offer, for supply of his Majesty's pressing occasions, and likewise to issue such other Commissions to such other persons as the Kings shall think fit, for Collecting and receiving the moneys so subscribed, and the Acquittance of any one of which respective Receivers, are immediately to be made & given upon pay so made without any Fee, and shall be a discharge for the sum so subscribed, And in case such subscriptions shall upon any occasion be returned into the Exchequer, or other place, the payment thereof shall be likewise returned together with the same. 2. Process shall issue out of the Exchequer against any Subscibers', but within two years after the passing of this Act. 3. The said Commissioners of the respective Counties and places v are after the issuing out & receipt of the said Commissions to meet at the common place of meeting for each County and place, etc. and so many of them as shall be present at the said first General meetings, or the major part of them, may sever themselves into Hundreds and other places, etc. within their limits, as they shall think fit, and shall from times to time give notice of the respective times and places of their meetings to the end that all persons may resort to them to make such offers or Present to his Majesty as their own hearts shall prompt them to. 4. Provided, no Peer of this Realm, shall in such Offer or Present exceed the sum of 400 li. Nor any person not being a Peer of this Realm exceed the sum of 200 li. 5. That No Commissions to be issued out by Virtue of this Act shall be of source as to the receiving of any moneys or Subscriptions for moneys after the 24 of June 1662. 6. It is declared that no Commissions or aids of this nature can be issued out or Levied but by Authority of Parliament, and that this Act and the supply granted shall not be drawn into example for the future. Pains, Penalties, etc. on excepted Persons. Stat. 13 Car. 2. cap. 15. Reciting the Sense of the Act of Indemnity touching Pains, Penalties, and Forseitures, to be inflicted on such as were the wicked Instruments of that Horrid and execrable Treason the Murder of King Charles the first, etc. It is, enacted, That all and every the Manors, Messages, Lands, Tenements, Rents, Reversions, Remainders, Possessions, Rights, Conditions, Interests, Offices, Fees, annuities and all other the Hereditaments, Leases for years, Chattels real, and other things of what nature soever they be, of Isaac Ewer, Sir John Danvers, Sir Thomas Maleverer, William Puresoy, John Blakiston, Sir William Constable, Richard Deane, Francis Aleyn, Peregrin Pelham, John Moor, John Aldred alia Alured, Humphrey Edwards, Sir Gregory Norton, John Venn, Thomas Andrews Alderman, Anthony Stapley, Thomas Horton, John Fry, Thomas Hammond, Sir John Bourchier, all deceased.— William Lord Mounson, James chaloner deceased, Sir Henry Mildmay, Sir James Harrington, John Phelps, Robert wallop, and Sir Arthur Hazlerigge, (who during his life committed many horrid and traitorous crimes, etc.) which they or any of them or any other to their or any of their uses or in trust, etc. had the 25 of March in the year of our Lord 1646. or at any time since, shall stand and be forfeited to the King, his Heirs and succeffors, and shall be adjudged to be in the actual and real Possession of the King without any Office, etc. 2. And also that all and every the Goods, Debrs, & other the Chattels personal whatsoever, of the aforesaid persons deceased, whereof they or any of them atthe time of their respective deaths, or any other in trust for them or any of them stood possessed or interessed in Law or Equity, and all the Goods, Debrs, and other the Chattels personal whatsoever of them the said William Lord Mounson, Sir Henry Mildmay, Sir James Harrington, John Phelps, and Robert Wallop, whereof upon the Eleventh day of February in the year of our Lord 1659. they or any of them or any other in trust for them or any of them stood possessed either in Law or Equity, shall be adjudged forfeited to the King, and are hereby put into the actual and real possession of the King without any further Office, etc. 3. That no Conveyance, Assurance, etc. whatsoever, of or out of any Manors, Lands Tenements or Hereditaments, not being the Late King's, Queens, or Prince, or of any Archbishop, Bishops, Deans, Deans and Chapters, nor being Lands or Hereditaments sold or given for Delinquency or pretended Deliquency, by pretext of some Act, Order, Ordinance or pretended Order since the first day of January 1641. Nor any Statute Judgement or Recognizance, hand made, etc. to any person, Bodies Politic, or Corporate before the 29 of September, 1659. by any of the aforesaid offenders, or their Heirs, or by any others claiming by, from, or under them, or any of them, other than the Wife or Wives, Child or Children, Heir or Heirs of the said persons, for money bona fide, to them or any of them paid, or lent, or other valuable Consideration, nor any Conveyance, Assurance, etc. made before the 25 of April 1660. by any person or persons to the offenders aforesaid in trust, and for the benefit of any other person, or persons, not being any of the offenders aforesaid, or in trust for any Bodies Politic, or Corporate, shall be impeached, defeared, made void, or frustrated hereby, or by any of the Convictions, and attainders as aforesaid, But the same shall be held and enjoied, by the Purchasees, Grantees, Leasees, Assigns, Cestuy que use, Cestuy que trust, and every of them, their heirs, etc. respectively, as if this Act had not been made, so as the said Conveyances and all and every the Grants and Assurances with by vertut hereof aught to be held & enjoyed as aforesaid, shall before the first day of January 1662. be entered and enroled of Record, in the Exchequer and not otherwise. 4. That William Lord Mounson, Sir Henry Mildmay, Sir James Harrington, Robert Wallop, Esq; and John Phelps, shall be and are hereby degraded from all Titles of Honour, Dignities and preeminences, which they now have, or hereafter may descend unto them, And none of them shall bear or use the style of Lord, Baronet, Knight, Esquire, or Gentleman, nor any Coats of Arms or other Legal Title or addition, but hereby are made persons of Dishonour and Infamy. 5. That the said William Mounson, Henry Mildmay, James Harrington, Robert Wallop, and John Phelps, shall upon the 27 of January 1661. or so soon after as they shall be apprehended, carried to the Tower of London, and from thence drawn upon Sledges with Ropes about their necks, quite through the Streets unto the Gallows at Tyburn, and in like manner be brought back again, and be imprisoned during the term of their natural lives. 6. That no executor or Administrator to any of the dead persons whose Estate is hereby forfeited, shall be sued, or molested for any Debt or Legacy, by them paid, as Executors or Administrators, to any person to whom the same was due or bequeathed, and was paid bona fide; but the respective Legatees who have received, etc. shall be accountable and pay though same to the King. 7. Nothing herein shall be construed to forfeit the term, estate or interest which Sir William Lewes of Borden in the County of Southampton, had, or hath in the Custody of the Park called East-Mean Park in the said County and in the Game of Coneys therein, for the Term of three years to come from Our Lady-day last being the remaining years of a greater term (the said Sir William being formerly possessed thereof) the which Park and premises belonging to the Bishop of Winchester the said Sir William hath surrendered to the Bishop of Winchester, and hath now taken a new Lease for three Lives, the which said Lease for three lives to the said Sir William, shall notwithstanding this Act, remain firm and Good; saving always to every person, etc. their heirs etc. all such Estate, Right, Title, and Interest in Law & Equity which any person hath or aught to have therein, not being in trust for any of the said offenders, nor derived by, from, or under them since the 25 of March 1646. saving always and reserving to Cuthbert Collingwood Esq; and George Collingwood, Gent. his Son, their and every of their Heirs and Assigns, & the Farmers and Tenants of the said Cuthbert and George, or either of them, and of their Heirs and Assigns, All such Right, Title of Entry, and Action, Use, Interest, and Possession, which any of them, or any in trust for them, have, or had, or aught to have of, into or out of the Manors, Townships, Villages, Hamblets and Precincts of Eslington, Whittingham, Barton, Throunton, Frawden, Keinton, West-Brunton, East-Brunton, Dunnington, Blakedon, alias Blagdon, and Wetslade, or any of them in the County of Northumberland; and of, in, to or out of the Lands, Tenements, etc. and Appurtenances to any of them belonging. 8. That this Act shall not prejudice the Estate and Interest in Law or Equity, of Rachel Pour Widow, of, in, and to one Copyhol-Messuage and Mill, with the appurtenances, being in Chepmansford in the County of Southampton, which by Order & Decree of the High Court of Chancery of the 21 June 1661. she is to be forthwith restored unto and put into possession of, etc. but that she shall hold and enjoy the same according to the said Decree. 9 That it shall be lawful for Barrington Bourchier Esq; Son and Heir of Sir John Bourchier before mentioned, to hold and enjoy all and singular the Lands, etc. to him lately granted, etc. by Letters Patents under the Great Seal of England, bearing date the 22 day of March in the 13 year of his Majesty's Reign, against his Majesty, etc. for ever, according to the full intent and meaning of the said Letters Patents. Preservation of the King's Person and Government, see Treason. Petitions and Addresses, see Tumults. Treason. Stat. 13 Car. 2. cap. 1. That if any person after the 24 of June 1661. during the natural life of the King, shall within the Realm or without, compass, imagine invent, devise, or intent death or destruction, or any bodily harm tending to death or destruction, maim or wounding, imprisonment or restraint of the person of the King, or to deprive or depose him from the style, Honour or Kingly name, of the Imperial Crown of this Realm, or of any other his Majesty's Dominions or Countries, or to Levy war against his Majesty within this Realm or without, or to move or stir any foreiner or strangers with force to invade this Realm, or any other his Majesty's Dominions or Countries, being under his Majesty's obeisance: And such compassings, imeginations, inventions, devices or intentions, or any of them, shall express, utter or declare by any Printing, Writing, Preaching, or malicious and advised speaking, being legally convicted thereof, upon the Oaths of two lawful and credible Witnesses, upon Trial, or otherwise convicted or attainted by due course of Law, than every such person so offending as aforesaid shall be adjudged Traitors, and shall suffer death, and lose and forfeit as in cases of High Treason. 2. If any person after the 24 of June, 1661. during his Majesty's life, shall maliciously and advisedly publish or affirm the King to be an Heretic or a Papist, or that he endeavours to introduce Popery; or shall maliciously or advisedly, by Writing, Printing, Preaching, or other speaking, express, publish, utter or declare any words, sentences, or other thing or things, to incite or stir up the people to hatred, or dislike of the person of his Majesty, or the established Government; then every such person and persons being thereof legally convicted, shall be incapable of having any place, office, or Promotion Ecclesiastical, Civil or Military, or any other employment in Church or State, other then that of his Peerage, and shall likewise be liable to such further punishments as by the Common Laws or Statutes of this Realm may be inflicted in such Cases. 3. If any person or persons after the 24 of June, 1661. shall maliciously & advisedly by Writing, Printing, Preaching or other speaking, express, publish, utter, declare or affirm, that the Parliament begun at Westminster the the 3 day of November 1640. is not yet dissolved, or determined, or that it be in being, or hath yet any continuance or existence, or that there lies any Obligation upon him, or any other person, from any Oath, Covenant, or Engagement whatsoever, to endeavour a change of Government either in Church or State, or that both or either House of Parliament, have, or hath a Legislative Power without the King, or any other words to the same effect, than every such offender shall incur the danger and penalty of a Praemunire, 16 R. 2. 4. That the Oath usually called the Solemn League and Covenant, was in itself an unlawful Oath, and imposed against the fundamental Laws of this Kingdom, and that all Orders, Ordinances, or pretended Orders and Ordinances of both or either Houses of Parliament, for imposing of Oaths, Covenants or Engagements, Levying of Taxes, or raising of Forces and Arms, to which the Royal assent either in person or by Commission, was not expressly had or given, were in their first Creation and still are, and so shall be taken, to be null and void. 5. That all persons who have been or shall be questioned for any thing done by colour of any the Orders or Ordinances herein before mentioned to be null, and are Indemnified by the late Act of Indemnity, or shall be indemnified by any Act of Parliament, shall and may make such use of the said Orders and Ordinances, for their Indemnity, according to the true intent of the said Act, and no other, as might have been done if this Act had not been made. 6. That no Person be prosecuted for any of the Offences in this Act (other than such as are High Treason) but by order of the King, etc. under the Sign Manual, or by Order of the Council Table, etc. directed unto the Attorney General for the time being, or some other of the King's Council learned. 7. None shall incur any of the Penalties herein (before mentioned) unless prosecuted within six month's next after the offence committed, and indicted within three months after such prosecution. 8. None shall be indicted, arraigned, condemned, convicted, or attainted for any of the Treasons, or offences aforesaid, unless accused by two lawful and credible Witnesses upon Oath, which Witnesses shall be brought face to face, at the time of the Offenders arraignment, and there avow and maintain upon oath the Treason, etc. unless the parties arraigned shall willingly confess the same. 9 Nothing herein contained shall extend to deprive either Houses of Parliament or any of their Members of their just ancient Freedom and Privilege of debating, etc. or at any Conferences or Committees, etc. but that the said Members of either of the said Houses, and the Assistants of the House of Peers, and every of them, shall have the same freedom of Speech and all other Privileges, as they had before the making of this Act. 10. No Peer of this Realm, shall be tried for any of the said offences, but by his Peers; and that Every Peer convicted of any of the said offences, after such conviction, be disabled, during his life, to sit in Parliament, unless the King shall pardon him; and if the King shall grant his pardon to any Peer of this Realm or Commoner, convicted as aforesaid, the Peer or Commoner so pardoned, shall be restored to all intents, as if never convicted. Tumults. Stat. 13 Car. 2. c. 5. That no person or persons whatsoever shall from & after the first of August 1661. Solicit, labour or procure the getting of hands, or other consent, of any persons above the number of Twenty or more, to any Petition, Complaint Remonstrance, Declaration or other Address to the King, or both or either Houses of Parl. for alteration of matters established by Law in Church or State, unless the matter thereof hath been first consented unto, and Ordered by three or more Justices of that County, or by the Major part of the Grand Jury of the County, or Division of the County, where the same matter shall arise at their Public Assizes, or General Quarter Sessions; or if arising in London, by the Lord Maior, Aldermen and Commons in Common-Council assembled. 2. That no person or persons whatsoever, shall repair to the King, or Parliament, upon pretence of presenting any Petition, Complaint, Remonstrance, or Declaration, or other Addresses accompanied with excessive numbers of people, nor at any one time, with above the number of Ten persons, upon pain of penalty not exceeding 100 l. in money, and three months' imprisonment without Bail or Mainprize for every offence, which offence to be prosecuted at the King's Bench, or at the Assizes, or General Quarter Sessions, within six months after the offence committed, and proved by two or more credible Witnesses. 3. That this Act shall not extend to hinder any persons not exceeding the number of Ten (as aforesaid) to present any Public or private Grievance or Complaint to any Members of Parliament after his Election, and during the Parliament, or to the King for any Remedy to be had thereupon, nor to extend to any address whatsoever to the King, by all or any the Members of both or either Houses of Parliament, during the sitting of the Parliament; but that they may enjoy their freedom of access as formerly. The End.