HONI · SOIT · QVI MAL · Y · PENSE DIEV · ET · MON · DROIT · A COLLECTION OF THE STATUTES Made in the REIGNS of King Charles the I. AND King Charles the II. With the ABRIDGEMENT of such as stand Repealed or Expired. Continued after the Method of Mr. PULTON. WITH Notes of References, one to the other, as they now stand Altered, Enlarged or Explained. TO WHICH ALSO ARE ADDED, The Titles of all the Statutes and Private Acts of PARLIAMENT Passed by their said MAJESTY'S, until this present Year, M.DC.LXVII. With a TABLE directing to the Principal Matters of the said STATUTES. By THO: MANBY of Lincolns-Inn, Esq LONDON, Printed by John Streater, James Flesher, and Henry Twyford, Assigns of Richard Atkyns and Edward Atkyns Esquires; Anno Dom. 1667. Cum Gratia & Privilegio Regiae Majestatis. A View and Digest of the Heads and Titles of the several STATUTES from the First Year of King CHARLES the First, until this present time, according to the Order of Statutes in this Book mentioned. Anno Primo CAROLI primi nuper Regis Angliae, etc. 1 AN Act for punishing of divers Abuses on the Lord's Day called Sunday, Cap. 1. Fol. 1. 2 An Act to enable the King to make Leases of Lands parcel of his Highness' Duchy of Cornwall, or annexed to the same, Cap. 2. fol. 1. 3 An Act for the Ease of obtaining Licences of alienation, and in the pleading of alienations with Licence, or of Pardons of alienations without Licence in the Court of Exchequer or elsewhere, Cap. 3. fol. 2. See Stat. 12 Car. 2. cap. 24. 4 An Act for the further Restraint of Tippling in Inns, Alehouses, and other Victualling-houses, Cap. 4. fol. 2. 5 An Act for the Confirmation of the Subsidies granted by the Clergy, Cap. 5. fol. 3. EXP. 6 An Act for the Grant of two entire Subsidies granted by the Temporalty, Cap. 6. fol. 3. 7 An Act that this Session of Parliament shall not determine by his Majesty's Royal Assent to this and some other Acts, Cap. 7. fol. 3. Anno Tertio Caroli Primi Regis, etc. THe Petition exhibited to his Majesty by the Lords Spiritual and Temporal, and Commons in this present Parliament assembled concerning divers Rights and Liberties of the Subject, with the King's Majesties Royal Answer thereunto in full Parliament. Folio 3. 1 An Act for the further Reformation of sundry abuses committed on the Lord's Day commonly called Sunday, Cap. 1. fol. 5. 2 An Act to Restrain the passing or sending of any to be Popishly bred beyond the Seas, Cap. 2. fol. 5. 3 An Act for the better suppressing of Unlicensed Ale-house-keepers, Cap. 3. fol. 6. 4. An Act for Continuance of divers Statutes, and for Repeal of divers others, Cap. 4. fol. 7. 5 An Act for the establishing of the Estates of the Tenants of Bromfeild and Yale in the County of Denbigh, and of the Tenors, Rents, and Services thereupon reserved according to a late composition made for the same with the King's Majesty then Prince of Wales, Cap. 5. fol. 11. 6 An Act for Confirmation of the Subsidies granted by the Clergy, Cap. 6. fol. 11. EXP. 7 An Act for the grant of Five entire Subsidies granted by the Temporalty, Anno Quarto Caroli Regis, Cap. 7. fol. 11. Anno Decimo sexto & decimo septimo Caroli Primi Regis, etc. 1 AN Act for the preventing of Inconveniences happening by the long intermission of Parliaments, Cap. 1. fol. 11. Rep. and Alt. 16 Car. 2. cap. 1. 2 An Act for the Relief of his Majesty's Army, and the Northern Parts of this Kingdom, Cap. 2. fol. 11. EXP. 3 An Act for the Reforming of some things mistaken in the late Act made in this Parliament for the granting of Four Subsidies, Entitled, An Act for the Relief of his Majesty's Army in the Northern Parts, etc. Cap. 3. fol. 11. EXP. Anno decimo septimo Caroli Primi Regis, etc. 4 AN Act for the further Relief of his Majesty's Army in the Northern Parts of this Kingdom, Cap. 4. Fol. 11. 5 An Act for the better raising and levying of Mariners, Sailors and others for the present Guarding of the Seas, Cap. 5. fol. 12. EXP. 6 An Act concerning the limitation and abbreviation of Michaelmas Term, Cap. 6. fol. 12. 7 An Act to prevent Inconveniences which may happen by the untimely Adjourning, Proroguing or dissolving of this present Parliament, Cap. 7. fol. 14. EXP. 8 A Subsidy granted to the King of Tonnage and Poundage, and other sums of money payable upon Merchandizes Exported and Imported, Cap. 8. fol. 14. EXP. 9 An Act for the speedy Provision of Money for Disbanding of the Army, and settling the Peace of the two Kingdoms of England and Scotland, Cap. 9 fol. 14. EXP. 10 An Act for Regulating the Privy Council, and taking away the Court commonly called the Star-Chamber, Cap. 10. fol. 14. 11 An Act for Repeal of a Branch of a Statute 1 Eliz. concerning Commissioners for Causes Ecclesiastical, Cap. 11. fol. 16. 12 A Subsidy granted to the King of Tonnage and Poundage, and other Sums of money payable upon Merchandise Exported and Imported, Cap. 12. fol. 17. EXP. 13 An Act for securing of Moneys due or to be due to the Inhabitants of the County of York, and other adjoining Counties, wherein his Majesty's Army is or hath been Billeted, etc. Cap. 13. fol. 18. EXP. 14 An Act Declaring unlawful and void the late proceeding touching Ship-Money, and for the vacating of all Records and Process concerning the same, Cap. 14. fol. 18. 15 An Act against divers Encroachments and oppressions in the Stannary Courts, Cap. 14. fol. 19 16 An Act for the certainty of Forests, and of the Meers, Meets, Limits and Bounds of the Forest, Cap. 6. fol. 21. 17 An Act for the Confirmation of the Treaty of Pacification of England and Scotland, Cap. 17. fol. 22. EXP. 18 An Act for securing the Public Faith, the remainder of the friendly assistance and relief promised to our Brethren of Scotland, Cap. 18. fol. 22. EXP. 19 An Act for the Regulating of the Clerk of the Market, and for the Reformation of false Weights and Measures, Cap. 19 fol. 22. 20 An Act to prevent vexatious proceeding touching the Order of Knighthood, Cap. 20. fol. 24. 21 An Act for the free bringing in Gunpowder and Salt-Peter from foreign Parts, and for the free making of Gunpowder in this Realm, Cap. 21. fo. 24 22 A Subsidy granted to the King of Tonnage and Poundage, and other Sums of money payable upon Merchandise Exported and Imported, Cap. 22. fol. 25. 23 An Act for the Raising of Mariners and Sailors for the Guarding of the Seas and his Majesty's Dominions, Cap. 23. fol. 25. EXP. 24 An Act to relieve Captives taken by the Turks, and to prevent the taking of others hereafter, Cap. 24. fol. 25. EXP. 25 A Subsidy granted to the King of Tonnage and Poundage, and other Sums of money payable upon Merchandizes Exportable and Importable, Cap. 25. fol. 25. EXP. 26 An Act for the Raising of Mariners and Sailors for the Guarding of the Seas, and his Majesty's Kingdoms, Cap. 26. fol. 25. EXP. 27 An Act for the disenabling all persons in Holy Orders to exercise any Temporal Jurisdiction or Authority, Cap. 27. fol. 25. Rep. 13 Car. 1. cap. 2. 28 An Act for the Raising of Soldiers for the defence of England & Ireland, Cap. 28. fol. 25. EXP. 29 A Subsidy granted to the King of Tonnage and Poundage, and other Sums of money payable upon Merchandizes Exportable and Importable, Cap. 29. fol. 25. EXP. 30 An Act for a Contribution and Loan for the distressed people of Ireland, Cap. 30. fol. 25. EXP. 31 A Subsidy granted to the King of Tonnage and Poundage, and other Sums of money payable upon Merchandise, Cap. 31. fol. 25. EXP. 32 An Act for the Raising of 400000 l. for the Defence of England and Ireland, and for payment of Debts undertaken by the Parliament, Cap. 32. fol. 25. EXP. 33 An Act for the Reducing the Rebels in Ireland to their obedience to his Majesty and the Crown of England, Cap. 33. fol. 25. EXP. 34 An Act for Explanation of a former Act for Reducing the Rebels in Ireland, Cap. 34. fol. 25. EXP. 35 An Act to enable Corporations to adventure in Ireland, Cap. 35. fol. 25. EXP. 36 A Subsidy granted to the King of Tonnage and Poundage, and other Sums of money payable upon Merchandise to be Exported and Imported, Cap. 36. fol. 25. EXP. 37 An Act for the further Reducing the Rebels in Ireland to their obedience to the King and Crown of England, Cap. 35. fol. 25. EXP. Anno Duodecimo Caroli Secundi Regis Angliae, etc. 1. AN Act for removing and preventing all Questions and Disputes concerning the Assembling and Sitting of this present Parliament, Cap. 1. Fol. 26. 2 An Act for putting in Execution an Ordinance mentioned in the said Act for an Assessment of 70000 l. per mensem for 3. months. EXP. Cap. 2. fol. 26. 3 An Act for the continuance of Process and Judicial proceed, cap. 3. fol. 27. 4 A Subsidy granted to the King of Tonnage and Poundage, and other sums of money payable upon Merchandise Exported and Imported, Cap. 4. fol. 28. 5 An Act for continuing the Excize until the 20th of August 1660. Cap. 5. fol. 30. EXP. See 13 Car. 2. cap. 7. 6 An Act for the present nominating of Commissioners of Sewers, Cap. 6. fol. 30. 7 An Act for Restoring unto James Marquis of Ormond all his Honours, Manors, Lands and Tenements, whereof he was in Possession on the 23th day of October 1641. or at any time since. Cap. 7. fol. 30. PR. 8 An Act for continuing of the Excise till the 25th day of Decemb. 1660. Cap. 8. fol. 31. EXP. See 13 Car. 2. cap. 7. 9 An Act for the speedy Provision of Money for Disbanding and Paying off the Forces of this Kingdom both by Land and Sea. Cap. 9 fol. 31. EXP. 10 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. Cap. 10. fol. 31. 11 An Act of Free and General Pardon, Indemnity and Oblivion. Cap. 11. fol. 31. 12 An Act for Confirmation of Judicial Proceed, Cap. 12. fol. 39 13 An Act for Restraining the taking of Excessive Usury, Cap. 13. fol. 42. 14 An Act for a perpetual Anniversary Thanksgiving on the 29th day of May, Cap. 14. fol. 42. 15 An Act for the speedy Disbanding of the Army and Garrisons of this Kingdom, Cap. 15. fol. 43. 16 An Act for enabling the Soldiers of the Army now to be Disbanded, to Exercise Trades, Cap. 16. fol. 43. 17 An Act for the Confirming and Restoring of Ministers, Cap. 17. fol. 44. 18 An Act for the Encouraging and Increasing of Shipping and Navigation, Cap. 18. fol. 44. 19 An Act to prevent Frauds and Concealments of His Majesty's Customs and Subsidies, Cap. 19 fol. 49. 20 An Act for raising Sevenscore thousand pounds for the complete Disbanding of the whole Army, and paying off some part of the Navy, Cap. 20. fol. 49. EXP. See Stat. 13 Car. 2. cap. 6. 21 An Act for the speedy raising of Seventy thousand pounds for the present supply of his Majesty, Cap. 21. fol. 49. EXP. See 13 Car. 2. cap. 6. & 10. 22 An Act for the Regulating the Trade of Bay-making in the Dutch Bayhall in Colchester, Cap. 22. fol. 49. 23 A Grant of certain Impositions upon Beer, Ale, and other Liquors for the increase of his Majesty's Revenue during life, Cap. 23. fol. 49. 24 An Act for taking away the Court of Wards and Liveries and Tenors in Capite and by Knights-Service, and Purveyance, and for settling a Revenue upon his Majesty in lieu thereof, Cap. 24. fol. 54. 25. 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 prices of the same, Cap. 25. fol. 61. 26 An Act for the Levying of the arrears of the Twelve month's Assessment commencing the 24th of June 1659. and the Six month's Assessments commencing the 25th of December 1659. Cap. 26. fol. 63. EXP. See 13 Car. 2. cap. 7. 27 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 6 months, for Disbanding the remainder of the Army, and paying off the Navy, Cap. 27. fol. 63. EXP. 28 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, Cap. 28. fol. 63. EXP. 29 An Act for the Raising of Seventy thousand pounds for the further Supply of his Majesty, Cap. 29. fol. 63. EXP. 30 An Act for the Attainder of several persons guilty of the horrid Murder of his late Sacred Majesty King Charles the First, Cap. 30. fol. 64. 31 An Act for Confirmation of Leases and Grants from Colleges and Hospitals, Cap. 31. fol. 67. 32 An Act for Prohibiting the Exportation of Wool, Woolfells, Fuller's Earth, or any kinds of scouring Earth, Cap. 32. fol. 67. 33 An Act for Confirmation of Marriages, Cap. 33. fol. 69. 34 An Act for Prohibiting the Planting, Setting or Sowing of Tobacco in England and Ireland, Cap. 34. fol. 70. 35 An Act for Erecting and Establishing a Post-Office, Cap. 35. fol. 71. 36 An Act impowring the Master of the Rolls for the time being, to make Leases for years, in order to new build the old Houses belonging to the Rolls, Cap. 36. fol. 74. 37 An Act for making the Precinct of Covent-Garden Parochial, PR.. Cap. 37. fol. 74. Private Acts. AN Act for the restoring of Henry Lord Arundel of Warder to the possession of his estate. An Act for the restitution of Thomas Earl of Arundel, Surrey and Norfolk, to the Dignity and Title of Duke of Norfolk. An Act to restore to Wentworth Earl of Roscomon, of the Kingdom of Ireland, all the Honours, Castles, Lordships, Lands, Tenements and Hereditaments in Ireland, whereof James Earl of Roscomon his Great-Grand Father, or James Earl of Roscomon his Father, etc. An Act for restoring of Sir George Hamilton unto his Lands and Estate in Ireland. An Act for maintenance of the Vicar for the time being of the Vicarage of Royston in the Counties of Hertford and Cambridge, and of his Successors, Vicars of the said Vicarage. An Act for enabling Sir William Wray to sell Lands for payment of his debts, and raising of Portions for his younger Children. An Act for naturalising of Gerard Vanhenthusen, Daniel Demetrius, and others. An Act for enabling of John Newton the younger, and William Oakeley, to make sale of Lands for payment of debts, and raising of Portions, etc. An Act for the levying of certain moneys due upon the Collection for the Protestants of Piedmont. An Act for the Naturalisation of John Boreel Esq Son of Sir William Boreel Knight and Baronet. An Act for the Naturalisation of Abraham Watchtor born beyond the Seas. An Act for restoring of Sir Thomas Grimes Baronet, to his Estate. An Act for enabling George Fawnt of Foston in the County of Leicester Esq to sell and convey part of his Lands, for payment of several Debts & Legacies charged upon his Estate by Sir William Fawnt Knight deceased, and for the raising of Portions for his younger children, and making his Wife a Jointure. An Act for Naturalising Francis Hid and others. An Act to able Joseph Micklethwaite an Infant, and his trusties, to sell Lands for payment of his Father's Debts. An Act for raising portions, and making provision for maintenance for the younger children of Sir Edward Gostwick. An Act for confirming the Sale of the Manor of Hitcham, sold to Charles Do, by Sir John Clark Knight and Baronet, and for settling and disposing other the Lands of the said Sir John Clerk and Dame Philadelphia his Wife. An Act for the settling of some of the Manors and Lands of the Earl of Cleaveland in trusties, to be sold for the satisfying of the Debts of the said Earl, and of Thomas Lord Wentworth his Son. An Act for the disappropriating of the Rectory appropriate of Preston, and uniting and consolidating of the said Rectory, and of the Vicarage of the Church of Preston; and for assuring of the Advowson, and right of Patronage of the same unto the Master, Fellows, and Scholars of Emanuel College in Cambridge, and their Successors. An Act for making the Precincts of Covent Garden Parochial. Anno Decimo tertio Caroli Secundi Regis Angliae, etc. AN Act for Safety and Preservation of his Majesty's Person and Government, against Treasonable and Seditious Practices and Attempts, Cap. 1. fol. 75. 2 An Act for Repeal of an Act of Parliament, Entitled, An Act for disenabling all persons in Holy Orders to receive any Temporal Jurisdiction or Authority, Cap. 2. fol. 77. 3 An Act for the Declaring, Vesting and Settling of all such Moneys, Goods and other things in his Majesty, which were Received, Levied or Collected in these late times, and are remaining in the hands or possession of any Treasurers, Receivers, Collectors or others not pardoned by the Act of Oblivion, Cap. 3. fol. 77. 4 An Act for a Free and Voluntary Present to his Majesty, Cap. 4. fol. 78. 5 An Act against Tumults and Disorders upon pretence of preparing or presenting Public Petitions or other Addresses to his Majesty or the Parliament, Cap. 5. fol. 78. 6 An Act Declaring the Sole Right of the Militia to be in the King, and for the present Ordering and disposing the same, Cap. 6. fol. 78. 7 An Act for Confirming Public Acts, Cap. 7. fol. 79. 8 An Act for Providing necessary Carriages for his Majesty in his Royal Progress and Removals, Cap. 8. fol. 80. 9 An Act for the establishing Articles and Orders for the regulating and better Government of his Majesty's Navies, Ships of War and Forces by Sea, Cap. 9 fol. 81. 10 An Act to prevent the Unlawful Coursing, Hurting or Killing of Deer, Cap. 10. fol. 85. 11 An Act for Confirming three Acts therein mentioned, Cap. 11. fol. 85. 12 An Act for Explanation of a Clause contained in an Act of Parliament made in the 17th year of the late King Charles, Entitled, An Act for Repeal of a Branch of a Statute, Primo Elizabethae, concerning Commissioners for Causes Ecclesiastical, Cap. 12. fol. 86. 13 An Act for Vesting the Arrears of the Excise and New Impost in his Majesty, Cap. 13. fol. 87. 14 An Act for Confirming an Act, Entitled, An Act for Encouraging and Increasing of Shipping and Navigation, and several other Acts both Public and Private mentioned therein, Cap. 14. fol. 87. 15 An Act Declaring the Pains, Penalties and Forfeitures imposed upon the Estates and Persons of certain notorious Offenders Excepted out of the Act of Free and General Pardon, Indemnity and Oblivion, Cap. 15. fol. 88 Private Acts. An Act for ascertaining and Establishing the Fees of the Masters of the Chancery in Ordinary. An Act for Confirming a Sale made by Sir Thomas Prestwich, and others of the Manor of Holm, and certain Lands in the Parish of Manchester in the County of Lancaster, unto Sir Edward Mosley Baronet. An Act for Restoring of Thomas Radcliffe Esq to all his Lands and Possessions in England and Ireland. An Act enabling John Harbin Esq to settle, sell, and dispose of several Manors, Messages, Lands, Tenements, and Hereditaments, with the Appurtenances in the County of Somerset and Dorset, therein mentioned, for Payment of his Debts, and to make provision for his younger Children. An Act to enable the Sale of some of the Lands of Thomas Hunt Esq and John Hunt Gent. for the payment of their Debts. An Act for settling the Manors Knoll, Seal, and Kempsing, in the County of Kent, upon the Earl of Dorset, and his Heirs, and charging the Manor of Bexhill, and the Manor or Farm of Cawding, and other Lands in the County of Sussex, with a Rend charge of One hundred and thirty pounds per annum in lieu thereof. An Act for Confirmation of the Charter and Privileges of the Master, Wardens, and Commonalty of Weavers, Fuller's, and Clothiers in the City of Worcester. An Act for Settling of several Lands, late of Sir Edward Baesh Knight, upon Sir Ralph Baesh Knight of the Bath, Heir of the said Sir Edward and his Heirs. An Act for Confirmation and Explanation of an Act for the Settling of some of the Manors, and Lands of the Earl of Cleaveland in trusties, to be sold for the satisfying of the Debts of the said Earl and Thomas Lord Wentworth his Son. An Act for the Uniting the Parsonages of St. Andrews, and St. Mary Witton in Droitwich, in the County of Worcester. An Act to enable John Lord Abergavenny, Son and Heir of Henry late Lord Abergavenny, to sell certain Lands for payment of his Debts, and Preferment of his Brother and Sisters. An Act for the Naturalising of Francis Brudenel Esq Son and Heir Apparent of the Right Honourable Robert Lord Brudenel, and of the Right Honourable Anna Maria, Countess of Shrewsbury, Daughter of the said Lord Brudenell, and now Wife of the Right Honourable Francis Earl of Shrewsbury. An Act for the Reviving a Settlement of certain Lands on John Orlibeare for life, the Remainder to the Sons of the said John successively, and the Heirs Males of their Bodies, etc. An Act for Confirming and Continuing an Act for the necessary Maintenance of the Work of Draining the great Level of the Fens. An Act for Confirming of an Enclosure of Land, formerly used for a Common Highway from Parson's Green to Southfield in Fulham, and the Settling of other Land for a Common Highway in lieu thereof. An Act enabling trusties to sell certain Lands and Tenements in the Counties of Suffolk and Norfolk, for payment of the Debts of Richard Gipps Esq and providing Portions for his younger Children. Anno decimo tertio Caroli Secundi Regis Angliae, etc. The Second Meeting of the Parliament. 1 AN Act for the well governing and regulating of Corporations, Cap. 1. fol. 90. 2 An Act for prevention of Vexations and Oppressions by Arrests, and of delays in Suits of Law, Cap. 2. fol. 91. 3 An Act for granting unto the King's Majesty, Twelve hundred and threescore thousand pounds, to be Assessed and Levied by an Assessment of Threescore and ten thousand pounds by the month for Eighteen months, Cap. 3. fol. 93 EXP. 4 An Act to Enable the King's Majesty to make Leases, Grants and Copies of Offices, Lands, Tenements and Hereditaments, parcel of his Highness' Duchy of Cornwall, or annexed to the same, and for Confirmation of Leases and Grants already made, Cap. 4. fol. 93. Private Acts. AN Act for Confirming an Act for Restoring of the Marquis of Hertford to the Dukedom of Somerset. An Act for Confirming an Act for Restitution of Thomas Earl of Arundel, Surrey and Norfolk, to the Dignity and Title of Duke of Norfolk. An Act for Confirming of Private Acts. An Act for dividing Trinity Church in Kingston upon Hull from Hast. An Act to enable Algernon Peyton Doctor of Divinity, to make Sale of part of his Lands for payment of Debts. Anno Decimo tertio & decimo quarto Caroli Secundi Regis Angliae, etc. 1 AN Act for preventing the mischiefs and dangers that may arise by certain Persons called Quakers, and others, refusing to take lawful Oaths, Cap. 1. fol. 94. 2. An Act for Repairing the Highways and Sewers, and for Paving and keeping clean of the Streets in and about the Cities of London and Westminster and for reforming of Annoyances and Disorders in the Streets of places adjacent to the said Cities, and for the Regulating and Licensing of Hackney Coaches; and for the enlarging of several strait & inconvenient Streets and Passages, Cap. 2. fol. 95. Anno Decimo quarto Caroli Secundi Regis, etc. 3 AN Act for Ordering the Forces in the several Counties of this Kingdom, Cap. 3. fol. 102. 4 An Act for the Uniformity of Public Prayers and Administration of Sacraments, and other Rites and Ceremonies: And for Establishing the Form of Making, Ordaining and Consecrating Bishops, Priests and Deacons in the Church of England, Cap. 4. fol. 108. 5 An Act for Regulating the Making of Stuffs in Norfolk and Norwich, Cap. 5. fol. 115. 6 An Act for Enlarging and Repairing common Highways, Cap. 6. fol. 119. 7 An Act to Restrain the Exportation of Leather and Raw Hides out of the Realm of England, Cap. 7. fol. 123. 8 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, Cap. 8. fol. 125. EXP. 9 An Act for the relief of poor and maimed Officers and Soldiers who have faithfully served His Majesty and his Royal Father in the late Wars, cap. 9 fol. 125. 10 An Act for establishing an Additional Revenue upon his Majesty, his Heirs and Successors, for the better support of His and Their Crown and Dignity, cap. 10. fol. 126. 11 An Act for preventing Frauds, and regulating abuses in his Majesty's Customs, cap. 11. fol. 130. 12 An Act for the better Relief of the Poor of this Kingdom, cap. 12. fol. 138. 13 An Act prohibiting the Importation of Foreign Bonelace, Cutwork, Embroidery, Fringe, Bandstrings, Buttons and Needlework, cap. 13. fol. 143. 14 An Act directing the Prosecution of such as are accountable for prize-good, cap. 14. fol. 144. 15 An Act for Regulating the Trade of Silk-Throwing, cap. 15. fol. 145. 16 An Act for the more speedy and effectual bringing those persons to Account, whose Accounts are excepted in the Act of Oblivion, cap. 16. fol. 147. 17 An Act for relief of Collectors of Public Moneys, and their Assistants and Deputies, cap. 17. fol. 148. 18 An Act against exporting of Sheep, Wool, Wooll-fells, Mortlings, Shorlings, Yarn made of Wool, Wooll-flocks, Fullers-Earth, Fulling-Clay, and Tobacco-pipe-clay, cap. 18. fol. 148. 19 An Act against Importing of Foreign Wooll-cards, Cardwire, or Iron-wire, cap. 19 fol. 150. 20 An Act for providing Carriage by Land and by Water, for the use of his Majesty's Navy and Ordnance, cap. 20. fol. 151. 21 An Act for preventing the unnecessary Charge of Sheriffs, and for ease in passing their Accounts, cap. 21. fol. 152. 22 An Act for preventing of Theft and Rapine, upon the Northern Borders of England, cap. 22. fol. 155. 23 An Additional Act concerning matters of Assurance used amongst Merchants, cap. 23. fol. 156. 24 An Act declaratory concerning Bankrupts, cap. 24 fol. 458. 25 An Act for the restoring of all such Advowsons', Rectories, Impropriate Gleab-lands and Tithes to his Majesty's Loyal Subjects as were taken from them, and making void certain Charges imposed on them upon their Compositions for Delinquency by the late Usurped Powers, cap. 25. fol. 158. 26 An Act for reforming of Abuses committed in the weight and false packing of Butter, cap. 26. fol. 159. 27 An Act for repairing of Dover Harbour, cap. 27. fol. 161. 28 An Act for the regulating of the Pilchard Fishing in the Counties of Devon and Corn-wall, cap. 28. fol. 162. 29 An Act for the reversing the Earl of Strafford his Attainder, cap. 29. fol. 163. 30 An Act for the Importing of Madder pure and unmixed, cap. 30. fol. 163. Rep. 15. Car. 2. cap. 16. 31 An Act to prevent the Inconvenience arising by melting the Silver-Coyn of this Realm, cap. 31. fol. 164. 32 An Act for the better Regulating of the Manufacture of Broad Woollen Cloth within the West-riding of the County of York, cap. 32. fol. 164. 33 An Act for preventing the frequent abuses in Printing Seditious, Treasonable and unlicensed Books and Pamphlets: and for Regulating of Printing and Printing Presses, cap. 33. fol. 167. Private Acts. AN Act for settling of the Estate of James late Duke of Richmond and Lenox, according to agreement of Charles Duke of Richmond and Lenox, Mary Duchess Dowager of Richmond and Lenox, and the Lady Mary her Daughter, and the trusties of the said Lady Duchess. An Act for confirmation of certain Letters Patents made, and to be made to the Right Noble Lord, George Duke of Albemarle, of several Honours, Manors and Hereditaments, granted, or mentioned to be granted to him by His Majesty. An Act for confirming the Estate of John Marquis of Winchester in certain Manors and Lands, whereof the Deeds and Evidences were burnt and lost at the taking of the Castle of Basin. An Act to confirm the sale of certain Lands sold by Ferdinando late Earl of Huntingdon, for the payment of his own and his Father's debts. An Act for settling a Capital Message or Mansion House, with the Appurtenances, in Kensington in the County of Middlesex, upon Baptist Viscount Campden and his Heirs. An Act for confirming an Act for restoring to Thomas Lord Culpeper, Son and Heir, and sole Executor of John Lord Culpeper Baron of Thorsway, and Master of the Rolls, deceased, all his Honours, Manors, Lands and Tenements, Leases not determined, and Hereditaments whatsoever, whereof the said John Lord Culpeper was in possession on the twentieth of May, 1642. or at any time after, which have not been since sold or aliened by the said John late Lord Culpeper, by Acts or Assurances to which himself was party and consenting. An Act to enable the Bishop of London to lease out the Tenements now built upon the Scite of his Palace in London. An Act for the Naturalising of Philadelphia, Wife to the Right Honourable Thomas Lord Wentworth. An Act for confirming several Acts therein mentioned. An Act for confirming of two Acts therein mentioned. An Act for the Endowment of several Churches by the Lord Viscount Scudamore of Sligo in the Realm of Ireland. An Act for the disuniting the Hundreds of Dudston and Kings Barton from the County of the City of Gloucester, and restoring them to be part of the County of Gloucester. An Act for making Navigable of the Rivers of Stower and Salwerp, and the Rivulets and Brooks running into the same, in the Counties of Worcester and Stafford. An Act for the making Navigable of the Rivers of Wye and Lugg, and the Rivers and Brooks running into the same, in the Counties of Hereford, Gloucester and Monmouth. An Act for settling certain Manors and Lands late of Sir James Enyons Baronet, on Sir Henry Puckering alias Newton Baronet, and Sir Charles Aderly Knight, his surviving trusties, to sell for payment of Debts. An Act for confirmation of certain Decrees of Sewers, made by the Commissioners for the limits of the Level of the River of Ancholm in the County of Lincoln. An Act for confirming a Decree made on the behalf of Thomas Derham Esq and the Improvements, Exchanges and Allotments therein mentioned. An Act for the enabling Sir Thomas Lee Baronet, to exchange some Lands settled upon the Marriage of Dame Anne Lee his now Wife, in consideration of another Settlement of Lands of equal value in lieu thereof. An Act for discharging the Manors of Stodscomb and holwel, and other Lands in the County of Devon, from the trust of one hundred and fifty years, made unto John Earl of Exeter, John Earl of Bridgwater, and Oliver Earl of Bolingbrook. An Act for supplying a supposed defect of the words, Stand and be seized, in a Deed for settling of divers Manors and Lands on Sir Henry-Frederick Thynne. An Act for confirming the Copyhold Estates of divers of his Majesty's Copyhold Tenants within the Honour of Clitherow in the County Palatine of Lancaster, parcel of the Duchy of Lancaster, according unto several Decrees in the Court of Duchy Chamber of the said County Palatine. An Act for confirmation of the Estates of several Tenants and Copy-holders' of the Manors of Rannes, Irchester, Rushden, and several other Manors, parcels of the Duchy of Lancaster. An Act for confirming, explaining, and enlarging an Act, entitled, An Act for the levying of certain Moneys due upon the Collection for the Protestants of Piedmont. An Act to enable the sale of some of the Lands of William Milward Esq for payment of some of his Debts. An Act vesting certain Lands in Bleasby in Sir John Mounson the younger, Robert Thorold Esq and Anthony Eyre the elder Esq and their Heirs, to sell for payment of the debts of Sir Robert Dallison, and William Dallison. An Act to enable the trusties of Henry Nevil Esq to sell certain Manors, Lands and Tenements in the Counties of York and Leicester for payment of his and his Son William Nevil's debts, and likewise to confirm and strengthen the sale of such Lands as they have already sold in the County of York. An Act for the making void certain Fines unduly procured to be levied by Sir Edward Powel Knight and Baronet, and Dame Mary his wife. An Act for sale of Sir Robert Slingsby deceased his Lands for payment of his debts. An Act to enable Sir Anthony Brown to sell Lands for payment of debts. An Act to enable Anthony Etrick to sell Lands for payment of his Debts. An Act for the Naturalising of Anna Ferrer and several other persons named therein. An Act for the Naturalising of Mark Le Pla and others. An Act for the Repairing of Bengworth Bridge in the County of Worcester. An Act to enable Rowland Okeover Esq to sell certain Lands in the County of Derby. An Act to enable Mrs. Clemence Rivers and Mrs. Rose Rivers to sell certain Lands and Houses for payment of the Debts of Edward Rivers Esq deceased, and provision for his younger children. An Act to enable Thomas Perk Esq to sell a Manor and some Lands in the County of Norfolk, for the payment of his Debts and other uses. An Act for confirmation of Agreements made between Thomas Bushel Esq and the Miners of Rowpits in Somersetshire, for recovering their drowned and deserted works. An Act for the settling certain Lands belonging unto Francis Tindal Gentleman upon trusties to be sold for the payment of Debts. An Act for confirmation of three Acts therein mentioned. Anno decimo quinto Caroli Secundi, Regis Angliae, etc. 1 AN Act for repairing the Highways within the Counties of Hertford, Cambridge and Huntingdon, cap. 1. fol. 173. 2 An Act for the punishment of unlawful cutting or stealing, or spoiling of Wood and Underwood, and Destroyer's of young Timber-Trees, cap. 2. fol. 176. 3 An Act to explain and supply a former Act for distribution of threescore thousand pounds amongst the truly Loyal and Indigent Commission-Officers, and for assessing of Offices, and distributing the moneys thereby raised for their further supply, cap. 3. fol. 179. EXP. 4 An additional Act for the better ordering the Forces in the several Counties of this Kingdom, cap. 4. fol. 179. 5 An Act for Regulating select Vestries, cap. 5. fol. 182. 6 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, cap. 6. fol. 183. 7 An Act for the encouragement of Trade, cap. 7. fol. 184. 8 An Act to prevent the Selling of live fat by Butchers, Cap. 8. fol. 188. 9 An Act for granting Four entire Subsidies to His Majesty by the Temporalty, Cap. 9 fol. 188. EXP. 10 An Act for Confirming of Four Subsidies granted by the Clergy, Cap. 10. fol. 188. 11 An Additional Act for the better Ordering and Collecting the Duty of Excise, and preventing the Abuses therein, Cap. 11. fol. 188. 12 An Explanatory Act for Recovery of the Arrears of Excise, Cap. 12. fol. 193. 13 An Additional Act for the better Ordering and Collecting the Revenue arising by Hearth-money, Cap. 13. fol. 193. 14 An Act for Settling the Profits of the Post-Office, and Power of granting Wine-Licenses, on his Royal Highness the Duke of York, and the Heirs Males of his Body, Cap. 14. fol. 195. 15 An Act for Encouraging the Manufactures of Making Linen Cloth and Tapestry, Cap. 15. fol. 198. 16 An Act for Regulating the Herring, and other Fisheries; And for Repeal of the Act concerning Madder, Cap. 16. fol. 199. 17 An Act for Settling the Draining of the Great Level of the Fens, called Bedford Level, Cap. 17. fol. 200. Private Acts. AN Act to enable Edward Marquis of Worcester to receive the benefit and profit of a Water-commanding Engine by him invented, one Tenth part whereof is appropriated for the benefit of the King's Majesty, His Heirs and Successors. An Act for settling an Annuity of Three hundred pounds per Annum upon Charles Earl of Portland, and for the benefit of Willoughby Whitelock, Bulstrode Whitelock, and Charleton Whitelock, Infants, and for confirming of agreements made to compose Suits in Law against them. An Act for Settling the Charitable Gift of John Guest. An Act to enable Sir John Packington and his trusties to sell, or otherwise dispose of certain Lands for the payment of his Debts, and raising Portions for his younger children. An Act to enable Edward Chaloner Esq to make provision for Anne his Wife, and his younger children. An Act for the Naturalising of Charlottee Hessen Killigrew, and others. An Act to Empower Sir John Drake and others to make sale of Lands for payment of the Portion of Ellen Brisco Widow. An Act to enable the Sale of the Lands of Richard Senior, and Anthony Senior deceased, for payment of some of their Debts. An Act for the Settling of the Lands of the Earl of Kent and the Lord Lucas, on the Marriage of the said Earl with the Daughter and Heir apparent of the Lord Lucas. An Act for the Settling of a Free School in Witney in the County of Oxon, being Erected and Endowed by Henry Box Citizen and Grocer of London, deceased. An Act to enable the Bishop of Winchester to Lease out the Tenements now built upon scite of his Mansionhouse in the Parish of Saint Saviour's in Southwark in the County of Surrey; and the two Parks, and other Demesns at Bishops Waltham, and other Lands in the County of Southampton. An Act for Repairing and better preserving the Key of the Port of Wells in the County of Norfolk. An Act for the Governing of the Hospital of Saint Oswald's in the County of Worcester. An Act to Enable Sir Francis Boynton Baronet, and Richard Robinson Esquire, to Sell certain Lands of John Robinson Esq for payment of Debts, and Leasing of other Lands for making Provision for his younger Children. An Act for making void certain Conveyances made by caryl Lord Molleneux in the late times. An Act to Confirm a Deed made by Charles Pitcarne Esquire. An Act for the Naturalisation of Dame Elizabeth Jacob, and others. An Act for the Naturalising of George Willoughby and others. An Act for Confirming an Act for Naturalising of Peter de la Pierre, alias Peter, and John de la Pierre, alias Peter. Anno Decimo sexto Caroli Secundi Regis, etc. 1 AN Act for the Assembling and holding of Parliaments once in Three years at the least; And for the Repeal of an Act, Entitled, An Act for the preventing of Inconveniences happening by the long Intermission of Parliaments, Cap. 1. fol. 213. 2 An Act for preventing of Abatements of Writs of Error upon Judgements in the Exchequer, Cap. 2. fol. 213. 3 An Act for Collecting the Duty arising by Hearth- Money, by Officers to be appointed by His Majesty, Cap. 3. fol. 214. 4 An Act to prevent and suppress Seditious Conventicles, Cap. 4. fol. 216. 5 An Act to prevent the Disturbances of Seamen and others; And to preserve the Stores belonging to His Majesty's Navy-Royal, Cap. 5. fol. 220. 6 An Act to prevent the delivering up of Merchant's Ships, Cap. 6. fol. 221. 7 An Act against deceitful, disorderly, and excessive Gaming, Cap. 7. fol. 222. 8 An Act for Continuance of a former Act for Regulating the Press, Cap. 8. fol. 223. Private Acts. AN Act for Vacating certain Conveyances made by Sir John Packington Baronet, to Christopher Henn and others. An Act for the sale of the Manor of Ingoldesby, and divers Lands in Ingoldesby in the County of Lincoln, for raising Portions for the two Daughters and Coheirs of Sir William Armin the younger Baronet, deceased. An Act for the sale of certain Lands for payment of the Debts of Sir Sackvile Glemham. An Act to enable trusties for Sir William Kyte to sell Lands for the payment of Debts. An Act for Confirmation of the Enclosure and Improvement of Malvirne Chace. An Act for Settling the Charitable Gift of Abraham Colfe Clerk, for Erecting and Endowing Two Free-Schools, and an Almshouse at Lewisham in Kent. An Act for Naturalising Dame Katherine Sayer and others. An Act to enable Francis Cottington, or Charles Cottington to Settle and Dispose of Lands in Jointure for any Wife or Wives they shall take in Marriage. An Act to enable Charles Cotton Esquire to make Leases of Lands for payment of Debts. An Act for the making of the Church Erected at Falmouth, a Parish-Church, and no part of the Parish of Gluvias, of Chapelry of St. Budock. Anno 16 & 17 Caroli II. Regis Angliae, etc. 1 AN Act for granting a Royal Aid unto the King's 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, cap. 1. fol. 224. 2 An Act for Regulating the Measures and Prices of Coals, cap. 2. fol. 253. 3 An Act for the Returning of able and sufficient Jurors, cap. 3. fol. 254. 4 An additional Act for the better Ordering and Collecting the Duty of EXCISE, cap. 4. fol. 255. 5 An Act to prevent Delays in extending Statutes, Judgements and Recognizances, cap. 5. fol. 256. 6 An Act for Repealing of part of an Act of Parliament, entitled, An Act directing the prosecution of such as are accountable for prize-good, cap. 6. fol. 256. 7 An Act for continuance of a former Act for Regulating the Press, cap. 7. fol. 258. 8 An Act to prevent Arrests of Judgement, and Superseding Executions, cap. 8. fol. 258. 9 An Act to empower the Chancellor of the Duchy to grant Commissions for taking Affidavits within the Dutchy-Liberty, cap. 9 fol. 259. 10 An Act for continuance of a former Act for Repairing the Highways within the County of Hertford, cap. 10. fol. 259. 11 An Act for Draining of the Fenn, called Deeping-Fenn, and other Fens therein mentioned, cap. 11. fol. 261. 12 An Act for making the River Avon Navigable from Christ-Church to the City of New-Sarum, cap. 12. fol. 270. Private Acts. AN Act to enable Sir Edward Hungerford, Knight of the Bath, to sell certain Lands in the County of Devon. An Act for the enabling of trusties to sell part of the estate of Samuel Sandys the elder Esquire, and of his son Samuel Sandys, for payment of debts. An Act for confirming a Deed of Settlement between the Earl of Thanet and his younger Brothers. An Act to enable the Bishop of Winchester to convey One hundred Acres of Land, lying in the great disparked Park of Bishops-Waltham in the Parish of Bishops-Waltham in the County of Southampton, upon the Rector of the said Parish-Church of Bishops-Waltham, and his Successors, in lieu of all Tithes and Payments for Tithes due to the said Rector and his Successors for Waltham-Parks. An Act to enable the Lord Henry Powlet, George Withers and John Mompesson, to sell the Manor of Abbots-Anne in the County of Southampton. An Act to enable Henry Lord Loughborough, to make the River and Sewer Navigable from or near Bristol Causey in the County of Surrey, into the River of Thames. An Act to enable trusties for the Lord Strangford, to sell Lands for payment of Debts. An Act for restoring of Sir Charles Stanley in blood. An Act for the settling of several Manors, Lands and Tenements of Sir Jacob Astley, lying in the Counties of Norfolk and Warwick. An Act for settling the Estate of Sir Robert Carr Baronet. An Act for making the River of Medway Navigable in the Counties of Kent and Sussex. An Act for making divers Rivers Navigable, or otherwise passable, for Boats, Barges, and other Vessels. An Act for settling of Differences between the Towns of Great and Little Yarmouth, touching the lading and unlading of Herrings, and other Merchandises and Commodities. An Act for the Naturalising of Dederic alias Richard Comes, and others. An Act for confirming of an Act, entitled, An Act to enable Joseph Micklethwaite an Infant, and his trusties, to sell Land for payment of his Father's debts. An Act for the enabling of Thomas Juckes of Treliddan in the County of Mountgomery Esquire, to sell Lands for the payment of his Debts, and raising of younger children's portions. An Act to enable Francis Lee Esquire, to sell Lands for payment of Debts, and to make provision for his children. Anno Decimo septimo Caroli Secundi Regis Angliae, etc. 1 AN Act for granting the sum of Twelve hundred and fifty thousand pounds to the King's Majesty, for His present further Supply, cap. 1. fol. 273. 2 An Act for Restraining Non-Conformists from Inhabiting in Corporations, cap. 2. fol. 278. 3 An Act for Uniting Churches in Cities and Towns Corporate, cap. 3. fol. 279. 4 An Act for Continuance of a former Act for Regulating the Press, cap. 4. fol. 280. 5 An Act for attainting Thomas Dolman, Joseph Bampfeild, and Thomas Scott of High-Treason, if they render not themselves by a day, cap. 5. fol. 281. 6 An Act for taking away of Damage Clear, cap. 6. fol. 281. 7 An Act for a more speedy and effectual proceeding upon Distresses and Avowries for Rents, cap. 7. fol. 282. 8 An Act for avoiding Unnecessary Suits and Delays, cap. 8. fol. 283. 9 An Act for granting One month's Assessment to His Majesty, cap. 9 fol. 283. A Private Act. An Act for the Naturalisation of Lewis Blanquefort and others. Anno decimo octavo Caroli Secundi Regis Angliae, etc. 1 AN Act for Raising Moneys by a Poll, and otherwise towards the Maintenance of the present War, cap. 1. fol. 286. 2 An Act against Importing from Ireland, and other parts beyond the Seas; and Fish taken by Foreigners, cap. 2. fol. 298. 3 An Act to continue a former Act for preventing of Theft and Rapine upon the Northern Borders of England, cap. 3. fol. 299. 4 An Act for Burying in Woollen only, cap. 4. fol. 299. 5 An Act for encouraging of Coinage, ca 5. fol. 300. Private Acts. AN Act for enlarging the time given by a former Act for Redemption of Mortgages made by the Earl of Cleveland. An Act for Naturalising of Isabel of Nassau, Wife of the Right Honourable the Lord Arlington, one of His Majesty's Principal Secretaries of State. An Act for Supply of part of the Jointure of the Lady Elizabeth neel. An Act for Settling the Estate of John Bodvell Esquire, deceased. An additional Act for Enabling the Sale of Lands to pay the Lord Strangford's Debts. Anno decimo nono Caroli Secundi Regis Angliae, etc. 1 AN Act Explanatory of the Act for Raising Moneys by a Poll, and otherwise, towards the Maintenance of this present War, cap. 1. fol. 302. 2 An Act for Erecting a Judicature for Determination of Differences touching Houses Burned or Demolished by reason of the late Fire which happened in LONDON, cap. 2. fol. 303. 3 An Act for Rebuilding the City of LONDON, cap. 3. fol. 304. 4 An Act for Relief of poor Prisoners, and setting of them on work, cap. 4. fol. 315. 5 An Act extending a former Act concerning Replevins and Avouries, to the Principality of Wales and the County Palatines, cap. 5. fol. 316. 6 An Act for Redress of Inconveniencies by want of Proof of the Deceases of Persons beyond the Seas, or absenting themselves, upon whose Lives Estates do depend, cap. 6. fol. 316. 7 An Act to prevent the Disturbances of Seamen and others, and to preserve the Stores belonging to His Majesty's Navy Royal, cap. 7. fol. 316. 8 An Act for granting the sum of Twelve hundred fifty six thousand three hundred forty seven pounds thirteen shillings to the King's Majesty, towards the Maintenance of the present War. Private Acts. AN Act for Naturalising of Hesther le Lov, the Daughter and Co-heir of Gideon le Lou, Lord of Coliumbers in Normandy, the now Wife of the Right Honourable Denzill Lord Hollis of Ifield. An Act for Confirming, Explaining and Enlarging an Act, Entitled, An Act to Enable John Lord Abergaveny, Son and Heir of Henry late Lord Abergaveny, to Sell certain Lands for Payment of his Debts, and Preferment of his Brother and Sisters. An Act for the Illegitimation of the Children of the Lady Anne Roos. An Act for Sale of a Message in Chiswick, for Payment of the Debts of Edward Russel, Esquire. An Act for Confirmation of a Settlement of the Estate of Sir Seymour Shirley Baronet. An Act for Settling the Moiety of the Manor of Iron Acton on Sir John Pointz. An Act for Settling an Estate in Trust for the benefit of Mistress Elizabeth Pride and her Children. An Act for the Ascertaining the Bounds of the several Rectories of Swaffham St. Ciriac, and of Swaffham St. Maries, within the Town of Swaffham Prior, in the County of Cambridge, and for the Uniting of the two Churches there. An Act for the Restoring of Francis Scawen Gent. in Blood. An Act for Naturalising Dame Mary Frazer and others. An Act to Enable a Sale of Lands for payment of the Debts of Henry Kendal Esquire. An Act for Settling part of the Lands of Henry Mildmay Esquire deceased, for payment of his Debts, and making Provision for his Children. An Act to Enable Leicester Grosvenor and his trusties to Sell certain Lands for payment of Debts. Anno Reg. CAROLI, Regis Angliae, Scotiae, Franciae, & Hiberniae, Primo. AT the Parliament begun at Westminster the Eighteenth day of June, Anno Dom. 1625. in the first year of the Reign of our most gracious Sovereign Lord, CHARLES, by the grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, etc. And there continued until the Eleventh day of July following, and then adjourned until the first day of August following, unto Oxford; To the high pleasure of Almighty God, and to the Weal public of this Realm, were enacted as followeth. CAP. I. There shall be no Assemblies for unlawful Pastimes upon the Lord's Day. FOrasmuch as there is nothing more acceptable to God than the true and sincere Service and Worship of him according to his holy Will, and that the holy keeping of the Lords Day is a principal part of the true Service of God, which in very many places of this Realm hath been, and now is profaned and neglected by a disorderly sort of people, in exercising and frequenting Bear-baiting, Bull-baiting, Interludes, common Plays, and other unlawful Exercises and pastimes upon the Lord's Day: And for that many quarrels, bloodsheds, and other great inconveniences have grown by the resort and concourse of people going out of their own Parishes to such disordered and unlawful exercises and pastimes, neglecting Divine Service both in their own Parishes and elsewhere: Be it enacted by the Kings most excellent Majesty, the Lords Spiritual and temporal, and the Commons in this present Parliament assembled, and by the authority of the same, Unlawful Writings and Pastimes on the Lord's Day forbidden. That from and after forty day's next after the end of this Session of Parliament, there shall be no meetings, assemblies, or concourse of people out of their own Parishes on the Lord's Day within this Realm of England, or any the Dominions thereof, for any sports and pastimes whatsoever; nor any Bear-baiting, Bull-baiting, Interludes, common Plays, or other unlawful exercises and pastimes used by any person or persons within their own Parishes, Every person using any unlawful pastimes on the Lord's Day, shall forfeit 3 s. 4 d. to the poor of the Parish. and that every person or persons offending in any the premises, shall forfeit for every offence three shillings four pence, The same to be employed and converted to the use of the poor of the Parish where such offence shall be committed: And that if any one justice of the Peace of the County, or the chief Officer or Officers of any City, Borough, or Town corporate where such offence shall be committed, upon his or their view, or confession of the party, or proof of any one or more witness by oath, which the said justice or chief Officer or Officers shall by virtue of this Act have authority to minister, shall find any person offending in the premises, the said justice or chief Officer or Officers shall give Warrant under his or their hand and seal to the Constables or Churchwardens of the Parish or Parishes where such offence shall be committed, After conviction by Warrant from a justice, etc. the Constables, etc. may levy the P●na●●s etc. General ●ss●● Limitation of this action. The Ecclesiastical ●●●●●diction 〈◊〉 abridge●, to levy the said penalty so to be assessed, by way of distress, and sale of the goods of every such offendor, rendering to the said offenders the overplus of the money raised of the said goods so to be sold; And in default of such distress, that the party offending be set publicly in the stocks by the space of three hours; And that if any man be sued or impeached for execution of this Law, he shall and may plead the general Issue, and give the said matter of justification in evidence. Provided, That no man be impeached by this Act, except he be called in question within one month next after the said offence committed. Provided also, That the Ecclesiastical jurisdiction within this Realm, or any the Dominions thereof, by virtue of this Act, or any thing therein contained, shall not be abridged, but that the Ecclesiastical Court may punish the said offences, as if this Act had not been made: This Act to continue until the end of the first Session of the next Parliament, and no longer. 3 Car. 4. continued until the end of the first Session of the next Parliament. Stat. 3 Car. 1. 17 Car. cap. 4. continued until other Order by Parliament. CAP. II. All Leases to be made within three years by the King's Majesty of the Dutchy-Lands of Cornwall confirmed. WHereas the King our Sovereign Lord, being in the life-time of his Royal Father of blessed memory, seized of the said Dukedom of Cornwall, did bargain and contract for Leases and Estates to be made of divers Messages, Lands, Tenements, and Hereditaments, parcel of the said Dukedom of Cornwall, which Leases and Estates his Majesty was enabled to have made in his Father's life-time, by an Act of Parliament made in the last Session of Parliament, entitled, An Act to enable the most excellent Prince Charles to make Leases of Lands, 21 Jac. 29. parcel of his Highness' Duchy of Cornwall, or annexed to the same. And because his Majesty having received divers Fines and sums of Money, according to the said Contracts, and having entered into Treaty with divers others for like Estates, the finishing of which Contracts, and making the said Leases, was prevented by his Majesty's access to the Imperial Crown of this Realm, is graciously pleased for the good of his poor Tenants of the said Duchy Lands, to proceed to the full accomplishment of the Contracts, and Leases of the premises. All Leases to be made within three years by the King, of the Duchy Lands of Cornwall if all be good. Be it therefore Enacted by our said Sovereign Lord the King, the Lords Spiritual and Temporal, and Commons in this present Parliament assembled, and by the Authority of this present Parliament, That all Leases to be made within the space of three years next ensuing by our said Sovereign Lord the King, by Letters Patents, Indentures, or other Writings under his great Seal of England, or Seal of the Court of Exchequer, of any Manors, Lands, Tenements, or Hereditaments, parcel of the possessions of the said Duchy of Cornwall, or annexed to the same, shall be good and effectual in Law, according to the purport and content of the said Leases, against our said Sovereign Lord the King's Majesty, his Heirs and Successors, and against all and every person or persons, that shall hereafter have, inherit or enjoy the said Dukedom of Cornwall, by force of any Act of Parliament or other limitation whatsoever. Except they be made for above 3● years or 3 lives, etc. Provided always, That every such Lease so to be made, of any Manors, Lands, Tenements, or Hereditaments in possession shall be made but for three Lives, or fewer, or for one and thirty years or under, or some other term of years determinable upon one, two, or three lives, and not above. And if such Leases be made in reversion, That then the same, together with the Estates in possession, do not exceed three Lives, or the term of one and thirty years, and not in any wise dispunishable of waste: The ancient Rent to be reserved, and if none anciently, a reasonable Rent. And so as upon every such Lease shall be reserved the ancient or most usual rent, or such rent as hath been yielded or paid for the greater part of twenty years next before the making of the said Leases, and shall be reserved due and payable, by, or to him or her that shall have the Inheritance or other Estate of the said Manors, Lands, Tenements or Hereditaments. And where no such rent hath been reserved or payable, that then upon every such Lease, there shall be reserved a reasonable rent, not being under the twentieth part of the clear yearly value of the Manors, Lands, Tenements, or Hereditaments contained in such Lease. All covenants etc. contained in such Leases shall be good. And be it further Ordained and Enacted by Authority of this present Parliament, That all Covenants, Conditions, and Reservations, and other Agréements contained in every Lease so to be made as aforesaid, shall be good and effectual in Law, according to the words and contents of the same, as well for, and against them to whom the reversion of the same Manors, Lands, Tenements, or Hereditaments shall come, as for and against them to whom the said Leases shall come respectively: As if our said Sovereign Lord the King's Majesty at the time of the making of such Covenants, Conditions, and Reservations, and other Agréements, were seized of an absolute and indefeizible Estate in Fée-simple, in the same Manors, Lands, Tenements, or Hereditaments: Saving always to all and every person and persons, The right of others saved, bodies Politic and Corporate, their heirs and successors, executors, administrators and assigns, (other than our said Sovereign Lord the King's Majesty, and his Heirs, and all and every person and persons that shall hereafter have, inherit, or enjoy the said Dukedom of Cornwall, by force of any Act of Parliament or other limitation whatsoever) all such rights, titles, estates, customs, interests, terms, claims, and demands whatsoever, of what kind, nature, or quality soever, of, in, to, or out of the said Manors, Lands, Tenements, or Hereditaments, or any of them, as they or any of them had, or aught to have had before the making of this Act, to all intents and purposes, and in as large and ample manner and form, as if this Act had never been had or made: This Act or any thing therein contained to the contrary notwithstanding. CHAP. III. An Act for the Ease in obtaining of Licenses of Alienation, and in the Pleading of Alienations with Licence, or of Pardons of Alienations without Licence in the Court of Exchequer, or elsewhere, Stat. 12. Car. 2. cap. 24. All Fines, Seizures, and Pardons for Alienations, and all incidents thereunto are taken away and discharged. CHAP. IU. Foreigners, as well as Inhabitants, shall not be permitted to tipple in Inns, Alehouses, etc. 21 Jac. 5. WHereas in the last Parliament it was Enacted, That if any person or persons, whatsoever his or their habitation or abiding be, should after be found, upon view, or his own confession, or proof of one witness, to be tippling in any Inn, Alehouse, or Victualling-house; 1 Jac. 5. 4 Jac. 5. such person or persons should be thenceforth adjudged and construed to be within the Statutes of the first and fourth years of the late King's Majesties reign, King James of famous memory: The one entitled, An Act to restrain the inordinate haunting of tippling in Inns, Alehouses, and other Victualling-houses: And the other entitled, An Act to repress the odious and loathsome sin of Drunkenness, as if he or they had inhabited and dwelled in the City, Town Corporate, Market town, Village or Hamlet, where the Inn, Alehouse, or Victualling-house was, or should be, where he or they should be so found tippling, should incur the like penalty, and the same to be in such sort levied and disposed, as in the said Act is expressed, concerning such as there inhabit, but no punishment by any or either the said Acts, or by any other Statute, is inflicted upon the Inn-kéeper, Alehouse-kéeper, or Victualler, that permits, or suffers such person or persons, not there inhabiting, to tipple in his Inn, Alehouse, or Victualling-house: The Innkeeper, etc. that permits a foreigner to tipple in his house, shall ●●e●r the penalty provided by 2 Jac. ●. For remedy whereof, Be it Enacted, That every Inn-kéeper, Alehouse-kéeper, and other Victualler, that at any time after the end of this Session of Parliament shall permit and suffer any person or persons, not inhabiting in the City, Town Corporate, Market town, Village or Hamlet, where such Inn, Alehouse, or Victualling-house is or shall be, to tipple in the said Inn, Alehouse or Victualling-house, contrary to the true intent of any or either of the said former Statutes, the said Inn-kéeper, Alehouse-kéeper, and Victualler so offending, shall incur the same penalty, and in such manner to be proved, levied and disposed, as in the former Statute of the first year of his said late Majesty's reign is appointed for permitting such to tipple as dwell in the same City, Town corporate, Market town, Village or Hamlet. And be it further enacted, That the keepers of Taverns, Vintners and Victuallers to be within this and the other Statutes. and such as do sell Wine in their houses, and do also keep Inns, or Victualling in their houses, shall be taken to be within the said two former Statutes, and also within this Statute. CAP. V. Three entire Subsidies granted by the Spiritualty. EXP. CAP. VI Two entire Subsidies granted by the Temporalty. EXP. CAP. VII. This Session of Parliament (by reason of the increase of the Sickness and other inconveniencies of the season requiring a speedy Adjournment, nevertheless) shall not determine by his Majesty's Royal assent to this and some other Acts. EXP. ANd all Statutes and Acts of Parliament, Acts that are to have continuance shall remain in force. which are to have continuance unto the end of this present Session, shall be of full force after the said Adjournment, until this present Session be fully ended and determined: And if this Session shall determine by dissolution of this present Parliament, than all the Acts aforesaid shall be continued until the end of the first Session of the next Parliament: And all Statutes and Acts of Parliament, When the Acts which are now to pass shall take effect. which before the said Adjournment shall pass by his Majesty's royal Assent, shall be put in execution immediately after forty days after the said Adjournment, notwithstanding that by the words or letter of the said Acts, or any of them, they be limited to take effect, or be put in execution, from; or at any time after the end of this present Session. Anno Reg. Caroli, Regis Angliae, Scotiae, Franciae, & Hiberniae, Tertio. AT the Parliament began at Westminster the Seventeenth day of March, Anno Dom. 1627. in the Third year of the Reign of our most gracious Sovereign Lord, CHARLES, by the grace of God, of England, Scotland, France, and Ireland, King, Defender of the Faith, etc. And there continued until the Twenty sixth day of June following, and then prorogued unto the twentieth day of October next ensuing: To the high pleasure of Almighty God, and to the weal public of this Realm, were enacted as followeth. A Declaration of divers Rights and Liberties, of the People to the Kings most Excellent Majesty. Humbly show unto our Sovereign Lord the King, the Lords Spiritual and Temporal, The Petition of Right. and Commons in Parliament assembled, That whereas it is declared and Enacted by a Statute made in the time of the Reign of King Edward the First, 34 Ed. 1. commonly called Statutum de Tallagio non concedendo, That no Tallage or Aid shall be laid or levied by the King or his Heirs in this Realm, without the good will and assent of the Archbishops, Bishops, Earls, Barons, Knights, Burgesses, and other the Fréemen of the Commonalty of this Realm; And by Authority of Parliament holden in the five and twentieth year of the reign of King Edward the third, 25 Ed. 3. Rot. Parl. it is declared and Enacted, That from thenceforth no person should be compelled to make any Loans to the King against his will, because such Loans were against reason, and the Franchise of the Land; 1 Ed. 3. 6. 11 R. 2. 9 1 R. 3. 2. And by other Laws of this Realm it is provided, That none should be charged by any Charge or Imposition called a Benevolence, nor by such like charge: By which the Statutes before mentioned, and other the good Laws and Statutes of this Realm, your Subjects have inherited this Freedom, That they should not be compelled to contribute to any Tax, Tallage, Aid, or other like charge, not set by common consent in Parliament: Yet nevertheless, of late, divers Commissions, directed to sundry Commissioners in several Counties, with instructions, have issued; by means whereof your People have been in divers places assembled, and required to lend certain sums of Money unto your Majesty, and many of them, upon their refusal so to do, have had an Oath administered unto them, not warrantable by the Laws or Statutes of this Realm, and have been constrained to become bound to make Appearance and give Attendance before your Privy Council, and in other places; and others of them have been therefore imprisoned, confined, and sundry other ways molested and disquieted: And divers other Charges have been laid and levied upon your People in several Counties by Lord-Lievetenants, Deputy-Lievetenants, Commissioners for Musters, justices of Peace, and others, by command or direction from your Majesty, or your Privy Council, against the Laws and free Customs of this Realm: 9 H. 3. 29. And where also by the Statute called The great Charter of the Liberties of England, It is declared and Enacted; That no Freeman may be taken or imprisoned, or be disseised of his Fréehold, or Liberties, or his free Customs, or be outlawed or exiled, or in any manner destroyed, but by the lawful judgement of his Péers, or by the Law of the Land: 28. Ed. 3. 3. And in the eight and twentieth year of the reign of King Edward the third, it was declared and Enacted by Authority of Parliament, That no man, of what estate or condition that he be, should be put out of his Land or Tenements, nor taken, nor imprisoned, nor disherited, nor put to death, without being brought to answer by due process of Law: St. 37. Ed. 3. 18. St. 38 Ed. 3 9 St. 42 Ed. 3. 3. St. 17. R. 2. 6. Nevertheless, against the tenor of the said Statutes, and other the good Laws and Statutes of your Realm to that end provided, divers of your Subjects have of late been imprisoned without any cause shown: And when for their deliverance they were brought before your justices by your Majesty's Writs of Habeas corpus, there to undergo and receive as the Court should order, and their Keepers commanded to certify the causes of their detainer, no cause was certified, but that they were detained by your Majesty's special command, signified by the Lords of your Privy Council, and yet were returned back to several Prisons, without being charged with any thing to which they might make answer according to the Law: 25. Ed. 3. 9 And whereas of late great Companies of Soldiers and Mariners have been dispersed into divers Counties of the Realm, and the Inhabitants, against their wills, have been compelled to receive them into their houses, and there to suffer them to sojourn, against the Laws and Customs of this Realm, and to the great grievance and vexation of the People: 25. Ed. 3. 9 And whereas also by Authority of Parliament, in the five and twentieth year of the reign of King Edward the third, it is declared and Enacted, That no man should be forejudged of life or limb against the form of the Great Charter and Law of the Land; 9 H. 3. 28. 25. Ed 3. 4. 28. Ed. 3. 3 And by the said Great Charter, and other the Laws and Statutes of this your Realm, no man ought to be adjudged to death, but by the Laws established in this your Realm, either by the Customs of the same Realm, or by Acts of Parliament: And whereas no offendor, of what kind soever, is exempted from the proceed to be used, and punishments to be inflicted by the Laws and Statutes of this your Realm; Nevertheless, of late divers Commissions under your Majesty's great Seal have issued forth, by which certain persons have been assigned and appointed Commissioners, with power and authority to proceed within the Land, according to the justice of Martial Law, against such Soldiers and Mariners, or other dissolute persons joining with them, as should commit any Murder, Robbery, Felony, Mutiny, or other outrage or misdemeanour whatsoever, and by such summary course and order as is agreeable to Martial Law, and as is used in Armies in time of War, to proceed to the trial and condemnation of such Offenders, and them to cause to be executed and put to death according to the Law Martial: By pretext whereof some of your Majesty's Subjects have been by some of the said Commissioners put to death, when and where, if by the Laws and Statutes of the Land they had deserved death, by the same Laws and Statutes also they might, and by no other ought to have been judged and executed. And also sundry grievous Offenders, by colour thereof claiming an exemption, have escaped the punishments due to them by the Laws and Statutes of this your Realm, by reason that divers of your Officers and Ministers of justice have unjustly refused or forborn to proceed against such Offenders according to the same Laws and Statutes, upon pretence that the said Offenders were punishable only by Martial Law, and by Authority of such Commissions as v; Which Commissions, and all other of like nature, are wholly and directly contrary to the said Laws and Statutes of this your Realm: The Petition. They do therefore humbly pray your most excellent Majesty, That no man hereafter be compelled to make or yield any Gift, Loan, Benevolence, Tax, or such like charge, without common consent by Act of Parliament; And that none be called to make answer, or take such Oath, or to give attendance, or be confined, or otherwise molested or disquieted concerning the same, or for refusal thereof; And that no Freeman, in any such manner as is before mentioned, be imprisoned or detained; And that your Majesty would be pleased to remove the said Soldiers and Mariners, and that your People may not be so burdened in time to come: And that the foresaid Commissions for proceeding by Martial Law, may be revoked and annulled; And that hereafter no Commissions of like nature may issue forth to any person or persons whatsoever, to be executed as aforesaid, lest by colour of them any of your Majesty's Subjects be destroyed, or put to death, contrary to the Laws and Franchise of the Land. All which they most humbly pray of your most excellent Majesty, as their Rights and Liberties, according to the Laws and Statutes of this Realm; And that your Majesty would also vouchsafe to declare, That the awards, do and proceed, to the prejudice of your People, in any of the premises, shall not be drawn hereafter into consequence or example: And that your Majesty would be also graciously pleased, for the further comfort and safety of your People, to declare your royal will and pleasure, That in the things aforesaid, all your Officers and Ministers shall serve you according to the Laws and Statutes of this Realm, as they tender the Honour of your Majesty, and the Prosperity of this Kingdom. Stat. 17 Car. cap. 14. CAP. I. A restraint of divers abuses committed on the Lord's day. FOrasmuch as the Lords day, commonly called Sunday, is much broken and profaned by Carriers, Waggoners, Carters, Wain-men, Butchers and Drovers of Cattle, to the great dishonour of God, and reproach of Religion; Be it therefore enacted by the Kings most excellent Majesty, and the Lords Spiritual and Temporal, and by the Commons in this present Parliament assembled, and by the Authority of the same, That no Carrier with any Horse or Horses, A Carrier etc. that travels upon the Lord's day, shall forfeit 20. s. nor Waggonmen with any Wagon or Wagons, nor Carmen with any Cart or Carts, nor Wain-man with any Wain or Wains, nor Drovers with any , shall after forty days next after the end of this present Session of Parliament, by themselves, or any other, travel upon the said Day, Butchers that sell or kill victual upon that day, shall forfeit 6. s. 8. d. upon pain that every person and persons so offending shall lose and forfeit twenty shillings for every such offence: Or if any Butcher by himself, or any other for him, by his privity or consent, shall after the end of the said forty days, kill or sell any Victual upon the said Day; That then every such Butcher shall forfeit and lose for every such offence the sum of six shillings and eight pence; The said offences, and every of them, being done in view of any justice of Peace, Mayor, or other head Officer of any City or Town corporate, within their limits respectively, or being proved upon Oath by two or more witnesses, or by the confession of the party offending, before any such justice, Mayor, or head Officer, within their several limits respectively, wherein such offence shall be committed; To which end, every such justice, Mayor, or head Officer, shall have power by this Act to minister an Oath to such witness or witnesses: All which sums or penalties shall or may be levied by any Constable, After conviction, and by warrant from a justice, etc. the Constables etc. may levy the said forfeitures to the use of the poor; or they may be recovered by Suit. or Churchwarden, by Warrant from any such justice or justices of the Peace, Mayor, or other head Officer as aforesaid, within their several limits where such offence shall be committed or done, by distress and sale of the Offenders goods, rendering to the party the overplus; or shall be recovered by any person or persons that will sue for the same, by Bill, Plaint, or Information, in any of his Majesty's Courts of Record, in any City or Town corporate, before his Majesty's justices of the Peace in their General Sessions of the Peace: All which forfeitures shall be employed to and for the use of the poor of the Parishes where the said offences shall be committed or done, saving only that it shall be lawful to and for any such justice, Mayor, or head Officer, out of the said Forfeitures, to reward any such person or persons that shall inform or otherwise prosecute any person or persons offending against this present Act, according to their discretions, so that such reward exceed not the third part of the Forfeiture: Provided that such Bill, Plaint, or Information shall be commenced, sued and prosecuted in the County, City, or Town corporate, where such offence shall be committed and done, and not elsewhere, wherein no Essoin, Protection or Wager of Law shall be allowed to the Defendant. Provided always, That it shall be lawful for any Constable or Churchwarden, that shall have any Suit or Action brought against them for any Distress by them or any of them to be taken by force of this present Act, to plead the general Issue, and to give the special matter in Evidence; Provided likewise, That no person or persons whatsoever shall be impeached by this Act, unless he be thereof questioned within six months after the Offence committed. Provided further, That this Act shall not in any sort abridge or take away the Authority of the Court Ecclesiastical. This Act to continue to the end of the first Session of the next Parliament. St. 1 Car. 1. Continued and made perpetual. 17 Car. cap. 4. CAP. II. A restraint of passage, or sending any person beyond the Seas to be Popishly bred. FOrasmuch as divers ill affected persons to the true Religion established within this Realm, have sent their children into foreign parts to be bred up in Popery, 1. Jac. 4. He that goes himself, or sends any other beyond the seas to be trained up in Popery, etc. shall be disabled to sue, etc. and shall lose all his goods, and shall forfeit all his lands, etc. for life. Stat. 27 El. 2. Stat. 3 Jac. 5. notwithstanding the restraint thereof by the Statute made in the first year of the reign of our late Sovereign Lord King James of famous memory; Be it Enacted, That the said Statute shall be put in due execution: And be it further Enacted by the Kings most excellent Majesty, and the Lords Spiritual and Temporal, and Commons in this present Parliament assembled, and by the Authority of the same, That in case any person or persons, under the obedience of the King, his heirs and Successors at any time after the end of this Session of Parliament, shall pass or go, or shall convey or send, or cause to be sent or conveyed, any Child, or other person, out of any of the King's Dominions, into any the parts beyond Seas, out of the King's obedience, to the intent and purpose to enter into, or be resident or trained up in any Priory, Abbey, Nunnery, Popish University, College or School, or House of jesuits, Priests, or in any private Popish Family, and shall be there, by any jesuite, Seminary Priest, Friar, Monk, or other Popish person, instructed, persuaded, or strengthened in the Popish Religion, in any sort to profess the same, or shall convey or send, or cause to be conveyed or sent, by the hands or means of any person whatsoever, any sum or sums of Money, or other thing, for or towards the maintenance of any Child, or other person, already gone or sent, or to go, or to be sent, and trained and instructed, as is v, or under the name or colour of any Charity, Benevolence, or Alms, towards the relief of any Priory, Abbey, Nunnery, College, School, or any Religious House whatsoever: Every person so sending, conveying, or causing to be sent and conveyed, as well any such Child or other person, as any sum or sums of Money, or other thing, and every person passing or being sent beyond the Seas, being thereof lawfully convicted, in or upon any Information, presentment, or Indictment, as is aforesaid, shall be disabled from thenceforth to sue or use any Action, Bill, Plaint, or Information, in course of Law, or to prosecute any Suit in any Court of Equity, or to be Committée of any Ward, or Executor or Administrator to any person, or capable of any Legacy or Deed or Gift, or to bear any Office within the Realm, and shall lose and forfeit all his Goods and Chattels, and shall forfeit all his Lands, Tenements and Hereditaments, Rents, Annuities, Offices, and Estates of Fréehold, for and during his natural life. A convert shall not incur the penalties aforesaid. Stat. 27. El. 2. Provided always, That no person sent or conveyed as aforesaid, that shall within six months after his return into this Realm, conform himself unto the present Religion, established in this Church of England, and receive the Sacrament of the Lords Supper, according to the Statutes made concerning Conformity in other cases required from Popish Recusants, shall incur any the penalties aforesaid. And it is enacted, That all and every of the Offences against this Statute may be inquired, heard and determined before the justices of the Kings-Bench, or justices of Assize, or Gaol-delivery, or of Oyer and Terminer of such Counties where the Offenders did last dwell or abide, or whence they departed out of this Kingdom, or where they were taken. Provided also, That if any person or Child, so passing, or sent, or now being beyond the Seas, shall after his return into this Realm, conform himself to the present Religion, established in this Church of England, and receive the Sacrament of the Lords Supper, according to the Statutes made for or concerning Conformity in other cases required from Popish Recusants, for and during such time as he or she shall so continue in such Conformity and obedience, according to the true intent and meaning of the said Laws and Statutes, shall have his or her Lands restored to them again. CAP. III. The Forfeiture and Punishment of him that keeps an Alehouse without Licence. Whereas, by an Act made in the fifth year of the reign of King Edward the sixth of famous memory, entitled, an Act for keepers of Alehouses to be bound by Recognizance, amongst other things, ●. & 6. Ed. 6. 25 it is enacted, That if any person or persons, other than such as should be from thenceforth admitted and allowed by the justices mentioned in the said Act, should after the day in the said Act limited, obstinately, and upon his own authority, take upon him or them to keep a common Alehouse or Tippling-house, or should, contrary to the commandment of the said justices, or two of them, use commonly selling of Ale or Béer, That then the said justices of Peace, or two of them (whereof one to be of the Quorum) should, for every such offence, commit every such person or persons so offending to the Common Gaol within the same Shire, City, Borough, Town corporate, Franchise or Liberty, there to remain without bail or mainprize by the space of three days: And before his or their deliverance, the said justices shall take recognizance of him or them so committed, with two Sureties, that he or they should not keep any common Alehouse, Tippling-house, or use commonly selling of Ale or Béer, as by the discretion of the said justices should seem convenient: And the said justices should make Certificate of every such Recognizance and Offence, at the next Quarter Sessions that should be holden within the same Shire, City, Borough, Town corporate, Franchise or Liberty, where the same should be committed or done, which Certificate should be a sufficient Conviction in Law of the same Offence: And the said justices of Peace, upon the said Certificate made, should in open Sessions assess the Fine for every such Offence at twenty shillings, as by the said Act may appear: Which Law hath not wrought such Reformation as was intended, for that the said Fine of twenty shillings is seldom levied, and for that many of the said Offenders, by reason of their poverty, are neither able to pay the said Fine of twenty shillings, nor yet to bear their own Charges of conveying them to the Gaol; And moreover, do leave a great charge of Wife and Children upon the Parishes wherein they live: In regard whereof, the Constables and other Officers are much discouraged in presenting them, and the Offenders become 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, etc. without licence, 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 licenced, take upon him, or them, to keep a common Alehouse or Tippling house, or use commonly selling of Ale, Béer, Cider, 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 seen by any Mayor, Bailiff, or justice 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 justice or justices of the Peace, The Constables or Churchwardens shall levy the said forf. to the use of the Poor. who by virtue of this Act shall be authorised to minister the said oath to any person or persons that can or will justify the same, being within the limits of their said Commission; The said penalty to be levied by the Constables or Churchwardens 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, justice or justices, 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 three days 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 Churchwardens 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 levied by way of distress, as aforesaid, or shall not pay the said sum of twenty shillings, within six days after such conviction as aforesaid, That then the said Mayor, Bailiff, justice or justices, 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 inferior 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 justice or justices 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 inferior 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, justice or justices of Peace, or other head Officer, to commit the Constable or other inferior 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 mainprize, until the said Offender or Offenders shall be by the said Constable or Constables, or other inferior 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 until 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 Alehousekeeper, shall offend in any of the premises the second time, and be thereof lawfully convicted in manner and form aforesaid, That then the said Mayor, Bailiff, justice or justices 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 month, and be dealt withal 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 justices in their general Sessions for the County, City, Borough, or Franchise, he, she, or they shall be delivered from thence. Provided always, that such offender or offenders, as shall be punished by virtue 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 virtue 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 virtue of this present Act, nor any thing therein contained. Provided always, 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 King's Subjects that shall repair unto the same, in such like manner and sort as hath been 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. IU. Divers Statutes made perpetual, others continued, and some others repealed. 1 El. 17. When Corn may be transported, etc. BE it Enacted by the authority of this present Parliament, That one Act made in the first year of the reign of the late Queen Elizabeth, entitled, 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 Queen 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 of the reign of the late Queen Elizabeth, entitled, An Act touching leases of Benefices, and other Ecclesiastical live with Cure, together with all and every explanations, additions, 27 El. not printed. and alterations thereof, or of any of them, or to any of them, made by several Statutes, in the fourteenth, eightéenth, 3 J●c. 8. The four acts above mentioned, made perpetual. and three and fortieth years of her said late Majesty's reign. And one Act made in the seven and twentieth year of the reign of the late Queen Elizabeth, entitled, An Act for the maintenance of the Péer and Cobb of Lyme Regis in the County of Dorset. 21 Jac. 17. made perpetual. And one Act made in the third year of the reign of the late King James, entitled, An Act for the avoiding of unnecessary delays of executions, be by authority of this present Parliament, made perpetual, and shall from henceforth stand in full force and effect, and be put in due execution for ever hereafter. And be it also enacted by the same authority, That one Statute made in the one and twentieth year of the reign of the late King James, entitled, An Act against Usury, which act was to continue for the space of seven years, from the four and twentieth day of June, which then should be in the year of our Lord, one thousand six hundred twenty and five, and so to the end of the first Session of Parliament than next following, be also by authority of this Parliament made perpetual. 2● H. 12. And it is further enacted, by the authority aforesaid, That one Act made in the one and twentieth year of the reign of the late King Henry the eighth, entitled, an Act for the true making of Cables, Halters and Ropes: And that part of one Act made in the Parliament holden at Westminster by prorogation the fourth day of November, 3 & 4 Ed. 6. 1●. and continued until the first day of February next after, in the third and fourth years of the reign of the late King Edward the sixth, by which it is ordained and enacted, That no Person or Persons after the time in the said Act mentioned, shall sell again alive in the said act mentioned, at or in the Market or Fair wherein he bought the same, during the time of the same Fair or Market, under the pains therein contained: And that no person being a Butcher, and using the craft or mystery of Butchery, shall at any time after the said feast buy any fat Oxen, Steers, Ronts, Kine, Heifers, Calves, or Sheep, and sell, or cause to be sold the same again alive, upon pain of forfeiture of every such Ox, Stéer, Ront, 3 & 4 Ed. 6. 21. Cow, Heifer, Calves or Sheep, bargained or sold contrary to the form of that Act: One other Act made in the same Parliament, entitled, an Act for the buying and selling of Butter and Cheese, together with one Statute made in the Parliament holden in the one and twentieth year of the reign of the late King James, 21 Jac. 22. entitled, an Act for the explanation of the Statutes made in the third, and fourth, and fifth years of the reign of the said late King Edward the sixth, concerning the traders of Butter and Cheese: ● El 5. And so much of an Act made in the fifth year of the Reign of the late Queen Elizabeth, entitled, an Act touching certain politic constitutions, made for the maintenance of the Navy, as is not repealed by any later Statute, nor doth concern the eating of flesh, or using of fish upon the Wednesday; Nor the transportation of herring, or other Sea fish; Nor freedom of subsidy, Custom or Tonnage for the same: Nor Transportation of Corn, nor the prohibiting the bringing into this Realm any Cod or Ling in Barrels or other Casks, together with all and every other additions, explanations and alterations made thereunto, or thereof, or of any part thereof, by any Statute or Statutes made since the making of the said last mentioned Act, and in force the last day of the Session of Parliament that was in the one and twentieth year of the Reign of the late King James: 5 El. 7. And one other Act made in the said fifth year, entitled, an Act for avoiding divers foreign wares made by handicraft's Men beyond the Seas: 8 El. 10. And an Act made in the eighth year of the Reign of the said late Queen Elizabeth, entitled, an Act for Bowyers, and the prices of Bows: 13 El. 21. And one Act made in the thirtéenth year of the Reign of the late Queen Elizabeth, entitled, an Act that Purveyors may take Corn and Victuals within five miles of Cambridge and Oxford in certain cases: 14 El. 5. And so much of an Act made in the fourtéenth year of the Reign of the said late Queen Elizabeth, entitled, an Act for the punishment of Vagabonds, and the relief of the poor and impotent, as concerneth the taxing, rating, levying and employing of Gaol-mony: ●8 El. 3. And so much of an Act made in the eightéenth year of the Reign of the said late Queen Elizabeth, entitled, an Act for the setting the poor on work, and avoiding Idleness, as concerneth Bastards begotten out of lawful Matrimony, with this, that all justices of the Peace within their several limits and precincts, and in their several Sessions, may do and execute all things concerning that part of the said Statute, that by justices of the Peace in the several Counties are by the said Statute limited to be done: 18 El. 20. And an Act made in the said eightéenth year of the reign of the said late Queen Elizabeth, entitled, an Act for repairing and amending the Bridges and Highways near unto the City of Oxford: 2● El. not printed. And one Act made the seven and twentieth year of the Reign of the said late Queen Elizabeth, entitled, an Act for the good Government of the City or Borough of Westminster: 27 El. 14 3 & 4 Ed. 6. 20. 27 El 28. And two other Acts made in the said seven and twentieth year of the Reign of the said late Queen Elizabeth, the one entitled, an Act for reviving of a former Statute, for the true making of Malt, together with the Statute by the said Act revived; and the other entitled, an Act for the keeping of the Sea banks, and Sea works in the County of Norfolk: And one Act made in the one and thirtieth year of the Reign of the late Queen Elizabeth, 31 El. 8. entitled, an Act for the true gawging of Vessels brought from beyond the Seas, converted by Brewers for the utterance and sale of Ale and Béer: And two Acts made in the five and thirtieth year of her said late Majesty's Reign, 35 El. 10. the one entitled, an Act for the Reformation of sundry abuses in , called Devonshire Kerseys or Dozen, according to a Proclamation of the four and thirtieth year of her said Majesty's Reign; the other entitled, an Act for the bringing in of Clapboard from the parts beyond the Seas, 35 El. 11. and the restraining of the transporting of wine Casks, for the sparing and preserving of Timber within the Realm: And so much of one Act made in the five and thirtieth year of the Reign of the said late Queen Elizabeth, entitled, an Act to retain the Queen's Majesty's Subjects in their due obedience, 35 El. 2. as hath not been since repealed by any other Statute: And the several Acts hereafter mentioned, 39 El. 4. made in the nine and thirtieth year of the Reign of the late Queen Elizabeth, that is to say, an Act entitled, an Act for the punishment of Rogues, Vagabonds, and sturdy Beggars, with the provision annexed thereunto, 2 Jac. 25. 39 El. 10. by one Act made in the first year of the reign of the late King James, entitled, an Act for continuing and reviving of divers Statutes, and for repealing of some others: An Act entitled, St. 23 El. 7. 39 El. 14. an Act for the increase of Mariners, and for maintenance of Navigation, repealing a former Act made in the three and twentieth year of her said Majesty's Reign, bearing the same title: an Act entitled, an Act prohibiting the bringing into the Realm of foreign Cards for Wool; an Act entitled, St. 23 El. 7. 39 El. 14. 39 El. 16. 39 El. 17. 43 El. 3. 43 El. 5. 43 El. 2. 1 Jac. 25 an Act for restraining the excessive making of Malt; an Act against lewd and wand'ring persons, pretending to be Soldiers or Mariners: And the several Acts hereafter mentioned, made in the three and fortieth year of the said late Queen Elizabeth; that is to say, an Act entitled, an Act for the necessary relief of Soldiers and Mariners; an Act entitled, an Act to avoid trifling and frivolous Suits in Law in her Majesty's Courts at Westminster; an Act entitled, An Act for relief of the Poor, with the addition thereunto made, by an Act made in the first year of the reign of the late King James, entitled, an Act for continuing of divers Statutes, and for repeal of some others, and with this further addition: And be it Enacted, The Overseers of ●o● Poor may put out Apprentices. The Churchwardens, etc. may set up any Trade to ●●n● the poor work. 43 El. 10. 43 El. 5. 1 Jac. 7. St. 39 El. 4. 1 Jac. 8. 1 Jac. 22. That all persons to whom the Overséers of the Poor shall according to the said Act bind any children Apprentices, may take and receive, and keep them as Apprentices: And also that the Churchwardens and Overséers of the Poor, mentioned in the said Act, made in the said three and fortieth year, may by, and with the consent of two or more justices of the Peace, whereof one to be of the Quorum, within their respective limits, wherein shall be more justices than one; and where no more shallbe than one, with the assent of that one justice of the Peace, set up, use, and occupy any Trade, Mystery, or Occupation, only for the setting on work, and better relief of the Poor of the Parish, Town, or Place, of, or within which they shall be Churchwardens or Overséers of the Poor, any former Statute to the contrary notwithstanding: An Act entitled, an Act for the true making and working of Woollen Cloth; an Act entitled, an Act to prevent Perjury, and subornation of Perjury, and unnecessary expense in Suits of Law: And the several Acts made in the first year of the reign of the late King James, after mentioned: One Act entitled, an Act for continuance and explanation of the Statute made in the nine and thirtieth year of the reign of the late Queen Elizabeth, entitled, an Act for punishment of Rogues, Vagabonds and sturdy Beggars; another entitled, an Act to take away the benefit of Clergy for some kind of Manslaughter: another entitled, an Act concerning Tanners, Curriers, Shoemakers, and other Artificers, occupying the cutting of Leather, saving for such part thereof as is repealed by one other Act, St. 4 Jac. 6. 1 Jac. 27. made in the fourth year of his said late Majesty's reign of England, in that behalf: Another entitled, an Act for the better execution of the intent and meaning of former Statutes made against shooting in Guns, and for the preservation of the Game of Pheasants and Partridges, and against the destroying of Hares with Hare-pipes, 1 Jac. 18. 1 Jac. 6. St. 5 El. 4 1 Jac. 31. and tracing Hares in the Snow; an Act entitled, an Act for avoiding of Deceit in Selling, Buying, or spending corrupt and unwholesome Hops; an Act entitled, an Act for explanation of the Statute made in the fifth year of the late Queen Elizabeth's reign, concerning Labourers: an Act for the charitable relief and ordering of persons infected with the Plague: And the several Acts made in the third year of the Reign of the late King James, after mentioned, That is to say, 3 Jac. 9 3 Jac. 10. 3 Jac. 11. one Act entitled, an Act for relief of such as lawfully use the Trade and Handicraft of Skinners: Another Act entitled, an Act for rating and levying of the charges for conveying of Malefactors and Offenders to the Gaol: Another Act for transporting of Béer over the Seas: 3 Jac. 13. 4 Jac. 11. One other entitled, an Act against unlawful hunting and stealing of Dear and Coneys: And one Act made in the fourth year of the reign of the said late King James, entitled, an Act for the better provision of Meadow and pasture, for the necessary maintenance of Husbandry and Tillage, in the Manors, 7 Jac. 1. Lordships, and Parishes of Merden, alias Mawarden, Boddenham, Wellington, Sutton Saint Michael, Sutton Saint Nicholas, Murton upon Lugge, and the Parish of Pipe, 7 Jac. 4. 7 Jac. 12. and every of them, in the County of Hereford: And the several Acts made in the seventh year of the Reign of the late King James after mentioned, the one entitled, an Act for the better execution of justice, and suppressing of criminal Offenders in the North parts of the Kingdom of England: 7 Jac. 12. 7 Jac. 13. Another entitled, an Act for the due execution of divers Laws and Statutes heretofore made against Rogues, Vagabonds, and sturdy Beggars, and other lewd and idle persons: St. 3 Jac. 23. 7 Jac. 18. Another entitled, an Act to prevent the spoil of Corn and Grain by untimely hawking, and for the better preservation of Pheasants and Partridges: One other Entitled, an Act to avoid the double payment of Debts: One other Entitled, An Act for the explanation of one Statute made in the second Session of that present Parliament, entitled, an Act against unlawful hunting of Dear and Coneys: And one other Act entitled, an Act for the taking, landing, and carrying of Sea-sand for the bettering of grounds, 25 H. 8. 11. and for the increase of Corn and Tillage within the Counties of Devon and Cornwall: And that one part of the Statute made in the five and twentieth year of the Reign of the late King Henry the eighth, entitled, an Act for the destruction of wild fowl, which was repealed by a later Act in the Parliament holden in the third and fourth years of the reign of the late King Edward the sixth, S●. 3 & 4. El. ●. 7. S●. 21. Jac. 28. ● M. 5. and revived in the Parliament holden in the one and twentieth year of the Reign of the late King James: and one Act made in the first year of the Reign of the late Queen Mary, for and concerning the making, repairing and amendment of the common highway and Causey, in the Counties of Dorset and Somerset, between the Towns of Shaftsbury and Sherborn, St. ●1 ●●. ●8. 21 ●ac. 6. 21 Jac. 18 in the County of Dorset, and revived in the said one and twentieth year: And also the several Acts hereafter mentioned, made in the said one and twentieth year of the Reign of the late King James: That is to say, an Act entitled, an Act concerning Women convicted of small felonies; 4 Jac. 2. 21 Jac. 20. 21 Jac. 27. and one Act entitled, an Act for the continuance of a former Statute made in the fourth year of the Reign of the said late King James, entitled, an Act for the true making of woollen clothes, The 5● Statutes above mentioned continued until the end of the first Session of the next Parliament. and for some addition and alterations, in and to the same, together with so much of one Act made in the said fourth year as was in force the last day of the Session of Parliament, holden in the said one and twentieth year: and one other Act, entitled, an Act to prevent and reform profane swearing and cursing: and one Act, entitled, an Act to prevent the destroying and murdering of bastard Children, by virtue of this Act, shall be, and continue until the end of the first Session of the next Parliament in force and effect, as the same were the first day of the Session of Parliament, 1 Car. 1. Continued. Continued till some other Act be made for continuance or discontinuance of the said Act. Mat. 17 Car. cap. 4. When Corn may be transported. Start 21 Jac. 28. holden in the first year of the reign of our Sovereign Lord the King that now is: And be it also Enacted, that one Statute made in the said first year of his Majesty's Reign that now is, entitled, an Act for punishing of divers abuses committed on the Lord's day, shall continue in force until the end of the next Session of Parliament. Provided nevertheless, that so much of every of the said Act, as by any new Act made in this Session of Parliament, are or shall be explained, altered or repealed, shall for so much thereof from the end of this Session of Parliament stand & be in force, as by those other Acts shall be ordained. Provided also, and be it further Enacted by the authority of this present Parliament, That when the prizes of Corn or Grains at the times, Havens and Places, when and where the said Corn or Grain shall be bought, shipped or laden, exceed not the rates hereafter following, viz. the quarter of Wheat at thirty and two shillings the quarter; the quarter of Rye, at twenty shillings; the quarter of Pease and Beans, at sixteen shillings; the quarter of Barley or Malt, at sixtéen shillings, of currant English money; That then it shall be lawful for all and every person and persons, being Subjects of the King's Majesty, His Heirs and Successors, and born within this Realm, to carry and transport of his own, and to buy to sell again, in Markets and out of Markets, and to keep, or sell, or carry and transport any of the said Corns and Grains, from the places where they shall be of such prices, unto any part beyond the Seas, in amity with his Majesty, as Merchandise in Ships, Crayers, or other Vessels, whereof any English born Subject or Subjects then shall be the owner or owners, or the same to carry and sell in other places within this Realm or Dominion thereof: Any Law, Statute, or Usage to the contrary hereof notwithstanding. And that the King's Majesty, The Custom and Punsdage of Corn. his Heirs and Successors, shall have and receive by the Customers and Officers of his Ports, for the Custom or Poundage of every quarter of Wheat to be transported, by force of this Statute, out of this Realm, two shillings of every quarter; of other grain, sixtéen pence: which said several sums so to be had and taken as Custom or Poundage, shall be in full satisfaction of all manner of Custom or Poundage for the said Corn or Grain, by any Constitution, Order, Statute, Law, or Custom heretofore made, used, or taken, for transporting of any such manner of Corn or Grain, or made in this present Session of Parliament, or hereafter to be made. The King's Proclamation may restrain transportation of Corn. Provided always, and be it Enacted by the authority of this present Parliament, That the King's Majesty, his Heirs and Successors, may at all times by his and their Writ of Proclamation to be published generally in the whole Realm, or in any of the Counties of this Realm, where any Ports are, command, that no person shall by virtue of this Act, transport or convey any manner of Grain out of his Highness' Dominions generally, or out of any special Ports to be in the said Proclamation particularly named, for such time as shall be therein limited and appointed: And it shall not be lawful for any person to carry out any such Grain contrary to the tenor of the said Proclamation, upon such pains and forfeitures as by the Laws and Statutes of this Realm, are and have been provided and ordained in that behalf, This Act or any thing therein contained to the contrary notwithstanding. Welsh Cottons. Provided also, and be it Enacted, that no person or persons shall incur any penalty, for want of length, breadth, or weight of Welsh Cottons, under the price of 15 d. the yard, or 2 s. the goad, so as they be not mixed with hair, or other deceitful stuff, nor for any others above that price, except they shall be mixed as aforesaid, or shall shrink above the rate of half a yard in 12 yards of length, or weigh less than fourteen ounces the yard, or hold not full three quarters of a yard broad. 16 E. ●. ●. And be it also Enacted by the authority aforesaid, That that part of one Statute made in the fi●teenth year of the reign of the late King Richard the second, by which it is ordained, that no manner of Spicery, after that it be brought into the Realm, shall be carried out of the same Realm by Aliens nor by Denizens, upon pain of forfeiture thereof: And one Statute made in the sixteenth year of the reign of the late King Richard the second concerning Liveries: 16 R. 2. 4. 20 R. 2. 2. and one other Statute made in the twentieth year of the reign of the late King Richard the second, by which it is ordained that no Vaclets, called Yeomen, nor other of lesser estate than an Esquire, shall use or bear any sign of Livery, called Livery of Company of any Lord within the Realm: And one Statute made in the first year of the reign of the late King Henry the fourth, concerning giving of Liberies': 7 H. 4. 7. 6 H. 4. 14. 13 H. 4. 3. 8 H. 6. 4. 8 Ed. 4. 2. 3 H. 7. 1. 3 H. 7. 12. A repeal of the 9 Statutes last mentioned. And one statute made in the 7th year of the reign of the late King Hen. the 4th. concerning giving of Liveries: And one other Statute made in the 13th year of the reign of the late King Henry the fourth, concerning giving of Liveries: And one Statute made in the eighth year of the reign of the late King Henry the sixth, concerning Liveries: And one Statute made in the eighth year of the reign of the late King Edward the fourth, concerning Liveries: and so much of one Statute made in the third year of the reign of the late King Henry the seventh, concerning the Star-Chamber, as toucheth or concerneth the punishment of those that shall give or take Liveries: And one other Statute made in the said third year, concerning taking of Liveries by the King's Officers and Farmers, be from henceforth repealed. And be it also enacted by authority of this Parliament, 7 Jac. 20. continued until the next Parliament. that one Act of Parliament made in the seventh year of the reign of the late King James, entitled, An Act for the speedy recovery of many thousand Acres of marsh grounds, and other grounds, within the Counties of Norfolk and Suffolk, lately surrounded by the rage of the Sea, in divers parts of the said Counties, and for the prevention of the danger of the like surrounding hereafter, be continued, and shall stand in force until the end of the next Session of Parliament. 17 Car. cap. 4. CAP. V. The Estates of the Tenants of Bromfield and Yale, in the County of Denbigh, and of the Tenors, Rents, and Services thereupon reserved, (according to the late composition made for the same with the Kings most Excellent Majesty, than Prince of Wales) ratified and confirmed. PR. CAP. VI Five Subsidies granted by the Spiritualty. EXP. CAP. VII. Five Subsidies granted by the Temporalty, Anno quarto Caroli Regis. EXP. Anno Regni Caroli Regis Angliae, Scotiae, Franciae, & Hiberniae, Decimo Sexto. AT the Parliament begun at Westminster the third day of Novemb. An. Dom. 1640. In the sixteenth year of the Reign of CHARLES the first, by the Grace of God, of England, Scotland, France, and Ireland King, Defender of the Faith, etc. To the High pleasure of Almighty God, and to the weal public of this Realm, were Enacted as followeth: CAP. I. Parliaments to be called and held every third year. REP. & ALT. 16 Car. 2. cap. 1. CAP. II. A Grant of four entire Subsidies for the Relief of His Majesty's Army and the Northern parts of the Kingdom. EXP. CAP. III. Some things mistaken in the last Act reform, and the Acts of the Commissioners and other Officers by them appointed, made good. EXP. Anno decimo septimo Caroli Regis. CAP. IU. A Grant of two Subsidies for the further Relief of His Majesty's Army, and the Northern parts of the Kingdom. EXP. And divers Statutes continued. ANd be it Enacted by the Authority aforesaid, That the passing of this present Act, Divers Statutes continued. or of any other Act or Acts, or his Majesty's Royal Assent to them or any of them in this present Session of Parliament, shall not be any determination of the said Session, 3 Car. cap. 4. continued further. and that all Statutes and Acts of Parliament which have their continuance, or were by an Act of Parliament made in the third year of the Reign of his Majesty that now is, entitled, An Act for the Continuance and Repeal of divers Statutes, continued until the end of the first Session of the then next Parliament, shall by virtue of this Act be adjudged ever since the Session of Parliament in the said third year to have been of such force and effect, as the same were the last day of that Session, and from thenceforth until some other Act of Parliament be made touching the continuance or discontinuance of the said Statutes and Acts in the said Act of the third year of his Majesty's Reign continued as aforesaid. CAP. V. The Lord Admiral and others by his authority may Raise and Impress Mariners, Sailors, and others, for the present guarding of the Seas, and necessary Defence of the Realm. EXP. CAP. VI Michaelmas Term abbreviated. Inconvenience● Michaelmas term being so soon after the feast of Saint Michael. Whereas the Term of S. Michael, commonly called Michaelmas Term, doth begin so soon after the Feast of Saint Michael, that it is generally found to be very inconvenient to His Majesty's Subjects both Nobles and others, as well for the keeping of the Quarter Sessions next after the Feast of Saint Michael the Archangel, and the keeping of their Léets, law-days, and Court-Barons, which they can by no means attend, in regard of the necessity of their coming to the said Term so speedily after the Feast of Saint Michael the Archangel, to appear upon juries, and to follow their Causes and Suits in the Law, the same time being the chief time of all the year for the sowing of Land with Winter Corn, and for the disposing and setting in order of all their Winter Husbandry and business, and for the receiving and paying of Rents; And in many parts of this Kingdom Harvest is seldom or never Inned till three weeks after the said Feast. Therefore the Kings most Excellent Majesty, out of the Princely care that he hath of all his loving Subjects, having a special care to the increase and continuance of their wealth and good Estates, by the assent of the Lords Spiritual and Temporal, and Commons in this present Parliament assembled, and by the authority of the same, Ordaineth, Enacteth, and Establisheth, That in the said Michaelmas Term there shall be six common days of Return only, and not above; that is to say, The first day of Return thereof shall be, and be called, A die Sancti Michaelis in tres Septimanas; In Michaelmas term shall be lie common days of Return only. The second day of Return of the same Term, shall be, and be called, A die Sancti Michaelis in unum mensem; The third day of Return of the same Term, shall be, and be called, In Crastino animarum; The fourth day of Return of the same Term, shall be, and be called, In Crastino Sancti Martini; The fifth day of Return of the same Term, shall be, and be called, In Octabis Sancti Martini; And the sixth day of Return of the said Term, shall be, and be called, A die Sancti Martini in quindecem dies. And that the same days of Return shall be observed in all the High Courts of Record of our Sovereign Lord the King, his Heirs and Successors hereafter to be holden at Westminster, or other place or places at the assignment or appointment of our Sovereign Lord the King, His Heirs and Successors; And that from and after the Feast of Saint Michael the Archangel next coming, The Return days to be observed. there shall not be, nor be called any days of Return in Octabis Sancti Michaelis, nor a die Sancti Michaelis in quindecem dies, nor either of them; And that the said Term of Saint Michael yearly for ever, from and after the said Feast of Saint Michael the Archangel next coming, begin in and upon the said Tres septimanas Sancti Michaelis, whensoever it shall happen to fall (except it be on the Lord's day, commonly called Sunday, and then on the morrow next after) for the keeping of the Essoins, Proffers, Returns, and other Ceremonies heretofore used and kept in like manner and form, Two return days taken away. as hath been used to be done in the day of the Return, commonly called, Octabis Sancti Michaelis, and that the full Term of Saint Michael shall yearly for ever, When the term shall begin. from and after the Feast of Saint Michael next coming, in all the aforesaid Courts of Rec●●d begin, and take his commencement upon the quarto die of the said tres septimanas Sancti Michaelis, and not before, as formerly it hath been used upon the quarto die of Octabis Sancti Michaelis, (except it be on the Lord's day, commonly called Sunday, and then on the morrow next after. And be it further enacted by the authority aforesaid, that if after the Feast of Saint Michael the Archangel next coming, H●w days shall ●e given or W●●ts in real actions, other than writs of entry, right, or advowson, or dower. any Writ in any real Action other than Writs of Entry for common Recoveries, and writs of right of Advowson, and writs of Dower, Unde nihil habet hereafter mentioned, come in, and be returnable in His Majesty's Court of Common Pleas, in the day of Return of Tres septimanas Sancti Michaelis, than day shall be given in Crastino Purificationis beatae Mariae; And if a die Sancti Michaelis in unum mensem, then in Octabis Purificationis beatae Mariae; if in Crastino animarum, then in Quindena Paschae; if in Crastino Sancti Martini, than a die Paschae in tres septimanas; if in Octabis Sancti Martini, than a die Paschae in unum mensem; if in Quindena Sanc● Martini, then in quinque septimanas Paschae; if in Octabis Sancti Hillarii, then in Crastino Ascensionis Domini; if in Quindena Sancti Hillarii, then in Crastino Sanctae Trinitatis; if in Crastino Purificationis beatae Mariae, then in Octabis Sanctae Trinitatis; if in Octabis Purificationis beatae Mariae, then in Quindena sanctae Trinitatis; if in Quindena Paschae, than a die sanctae Trinitatis in tres septimanas; if a die Paschae in tres septimanas, than a die Sancti Michaelis in tres septimanas; if a die Paschae in unum mensem, than a die Sancti Michaelis in unum mensem; if a die Paschae in quinque septimanas, then in Crastino animarum; if in Crastino Ascensionis Domini, then in Crastino Sancti Martini; if in Crastino sanctae Trinit. then in Octabis sancti Martini; if in Octabis sanctae Trinitatis, then in Quindena sancti Ma●●ini; if in Quindena sanctae Trinitatis, then in Octabis sancti Hillarii; if a die sanctae Trinitatis in tres septimanas, then in Quindena Sancti Hillarii. How days shall be given in the●● writs. And for the more speedy proceeding in Writs of Dower, and Writs of Entry for common Recoveries, to be sued and prosecuted, by Writs of Entry, or Writs of Right of Advowson: Be it further enacted, by the Authority aforesaid, That if after the said Feast of Saint Michael the Archangel next coming, any Writ of Dower unde nihil habet, or any writ of Entry whereupon a common Recovery is to be sued, or Writs of Right of Advowson be returnable, a die Sancti Michaelis in tres septimanas, than a day shall be given in Octabis Sancti Martini; if a die Sancti Michaelis in unum mensem, then in Quindena Sancti Martini; if in Crastino animarum, then in Octabis Sancti Hillarii; if in Crastino Sancti Martini, then in Quindena Sancti Hillarii; if in Octabis Sancti Martini, then in Crastino Purificationis beatae Mariae; if in Quindena Sancti Martini, then in Octabis Purificationis beatae Mariae; if in Octabis Sancti Hillarii, then in Quindena Paschae; if in Quindena Sancti Hillarii, than a die Paschae in tres septimanas; if in Crastino Purificationis beatae Mariae, than a die Paschae in unum mensem; if in Octabis Purificationis beatae Mariae, than a die Paschae in quinque septimanas; if in Quindena Paschae, then in Crastino Ascentionis Domini; if a die Paschae in tres septimanas, then in Crastino Sanctae Trinitatis; if in Mense Paschae, then in Octabis Sanctae Trinitatis; if in Quinque septimanas Paschae, then in Quindena Sanctae Trinitatis; if in Crastino Ascentionis Domini, than a die Sanctae Trinitatis in tres septimanas; if in Crastino Sanctae Trinitatis, than a die Sancti Michaelis in tres septimanas; if in Octabis Sanctae Trinitatis, than a die Sancti Michaelis in unum mensem; if in Quindena Sanctae Trinitatis, then in Crastino Animarum; if a die Sanctae Trinitatis in tres septimanas, then in Crastino Sancti Martini. Provided nevertheless, and be it likewise enacted by the Authority aforesaid, In writs of Dower after issue joined, fifteen days between the Teste and return sufficient. that in all writs of Dower, Unde Nihil habet, after issue joined, it shall not be needful or requisite to have above fifteen days betwixt the Teste and Return of the Venire facias, or any other Process to be sued out for the trial of the said issue, but that the Writ of Venire facias, and other Process after Issue joined, until judgement be given, having only fifteen days between the Teste and Return thereof, shall be good and effectual in Law, as is used in personal Actions: any Law, Statute, or usage to the contrary heretofore notwithstanding. And be it further enacted by the Authority aforesaid, Crastino Ascentionis a good return. that from and after the Feast of Saint Michael the Archangel now next coming, the said day of Return, called Crastino Ascentionis Domini, shall be a good and perfect Return, to all intents and purposes, as any other of the said days of Return before mentioned is or hath been used, notwithstanding there be not fifteen days between the quarto die of the said Return of Crastino Ascentionis Domini, The Essoin days. and the Essoin day of the Return of Crastino Sanctae Trinitatis. And be it further enacted, Writs in personal actions, having day from tres Michaelis, till Crastino Ascentionis good. Proviso for writs returnable 1641. Exp. That all Writs and Process in personal Acttions hereafter to be made out of any of his Majesties said Courts at Westminster, and having day from tres Michaelis, until Crastino Animarum, shall be good and effectual in Law, notwithstanding there be not fifteen days betwixt the quarto die of the said tres septimanas sancti Michaelis, and the days of Essoin of Crastino Animarum; Any Law, Statute, or Usage to the contrary heretofore notwithstanding. Provided always, and be if further Enacted, by the Authority aforesaid, that all writs and Process to be made, from and after the Feast of Easter, in the year of our Lord God 1641. Returnable in Octabis, or Quindena sancti Michaelis now next ensuing, or having days betwixt any of the said Returns, shall by force of this Act have day, unto tres septimanas sancti Michaelis next, and the parties to the said writs and Process shall then appear, and plead, and proceed thereupon, to all intents and purposes, as if the said Writs and Process had been made returnable a die sancti Michaelis in tres septimanas. And whereas before the making of this Act, Writs of summons ad Warrantizandum, upon common recoveries, and writs of Right of Advowson abridged to five Returns. all Writs of Summons ad Warrantizand. against the Vouchées upon Common Recoveries had in writs of Entry, and writs of Right of Advowson, were made for nine Returns inclusive; Now for the more speedy perfecting of such Recoveries, Be it Enacted by the Authority aforesaid, that from and after the said Feast of Saint Michael the Archangel next, all and every such writs of Summons ad Warrantizand. upon the appearance of the Tenant to every such writ of Entry, and writ of Right of Advowson, shall and may be made, and abridged to five Returns, as writs of Summons, ad Warrantizand. in writs of Dower, unde nihil habet, heretofore have been used and accustomed. And it is further Enacted, by the Authority aforesaid, that all common writs and Process, Common writs & process to keep the aforesaid returns. as well personal as mixed, which shall fortune to be returnable in the said Michaelmas Term, shall have and keep the said Returns of A die sancti Michaelis in tres septimanas, a die sancti Michaelis in unum mensem, in Crastino animarum, in Crastino Sancti Martini, in Octabis Sancti Martini, and a die Sancti Martini in Quindecem dies, or any of them. Provided always, And it is further Enacted by the authority aforesaid, Special days may be appointed as have been used. Days in assize of Darrein presentment, and in plea of quare impedit, and in attaint, not contrary hereto shall be firm. that in such and like cases, and Process, as special days have been used to be appointed and assigned, and given for the returning of writs, and Process; It shall be lawful to the justices of every of the Kings said Courts of Record, for the time being, in all the Process by them awarded, to assign, and appoint special days of Returns, as by their discretions shall be thought convement. Provided also, and be it further Enacted by the Authority aforesaid, That the days in Assize of Darrein presentment, and in Plea of Quare Impedit, limited and appointed by the Statute of Marlebridge, and also the days to be given in Attaint, limited in the Statute made in the fifth year of the Reign of the Noble King Edward the third; And also in the Statute made in the three and twentieth year of the Reign of the late King Henry the eighth of worthy memory, being not contrary to the Tenours of this Act, shall be holden firm and stable, and shall stand in their full force and effect. CAP. VII. 1 Stat. 12. Car. 2. cap. 1. This Parliament shall not be Dissolved, Prorogued, or Adjourned, but by Act of Parliament. EXP. CAP. VIII. Tonnage and Poundage. A Subsidy Granted to the King of Tonnage, Poundage, and other sums of Money payable upon Merchandise Exported and Imported, from the 25th of May, 1641. to the 14th of July next. EXP. CAP. IX. Provision of Money for the speedy Disbanding the Armies, and settling the Peace of the two Kingdoms of England and Scotland, by raising and charging several sums of Money upon persons according to their Ranks, Dignities, Offices, Callings, Estates, and Qualities therein mentioned, and Commissioners to issue for levying the same. EXP. CAP. X. For Regulating the Privy Council, and for taking away the Star-Chamber-Court. Recital of Ma●●-Ch●rl●, and several Statutes. St. 3. li. 7. 1. 5 E. 3. cap. 9 Whereas by the Great Charter many times confirmed in Parliament, It is Enacted, That no Freeman shall be taken or imprisoned or disseised of his Fréehold or Liberties or Free Customs, or be Outlawed or exiled, or otherwise destroyed, and that the King will not pass upon him, or condemn him but by lawful judgement of his Péers, or by the Law of the Land; And by another Statute made in the fifth year of the Reign of King Edward the Third, It is Enacted, That no man shall be attached by any accusation, nor forejudged of life or limb, nor his Lands, Tenements, Goods, nor Chattels seized into the King's hands against the form of the Great Charter, and the Law of the Land; and by another Statute made in the five and twentieth year of the Reign of the same King Edward the Third, 25 E. 3. cap. 4. Stat. 5. It is accorded, assented, and established, that none shall be taken by petition, or suggestion made to the King, or to his Council, unless it be by Indictment or Presentment of good and lawful people of the same Neighbourhood where such Deeds be done, in due manner, or by Process made by Writ Original at the Common Law, and that none be put out of his Franchise or , unless he be duly brought in to answer, and foreiudged of the same by the course of the Law, and if any thing be done against the same, it shall be redressed and holden for none. 28 E. 3. cap. 3. And by another Statute made in the eight and twentieth year of the reign of the same King Edward the Third, It is amongst other things Enacted, That no man of what Estate or condition soever he be, shall be put out of his Lands or Tenements, nor taken, nor imprisoned, nor disinherited, without being brought in to answer by due process of Law; And by another Statute made in the two and fortieth year of the Reign of the said King Edward the Third, 42 E. 3. c. 3. It is Enacted, That no man be put to answer without presentment before justices, or matter of Record, or by due process and writ original, according to the Old Law of the Land, and if any thing be done to the contrary, it shall be void in Law, and holden for error. And by another Statute made in the six and thirtieth year of the same King Edward the Third, 36 E. 3. c. 15. It is amongst other things Enacted, That all pleas which shall be pleaded in any Courts before any the King's justices, or in his other places, or before any of his other Ministers, or in the Courts and places of any other Lords within the Realm, shall be entered and enrolled in Latin; And whereas by the Statute made in the third year of King Henry the seventh, 3 H. 7. cap. 1. power is given to the Chancellor, the Lord Treasurer of England for the time being, and the Keeper of the King's Privy Seal, or two of them, calling unto them a Bishop and a Temporal Lord of the Kings most Honourable Council, and the two Chief justices of the King's Bench and Common Pleas, for the time being, or other two justices in their absence to proceed, as in that Act is expressed, for the punishment of some particular offences therein mentioned, And by the Statute made in the One and t●●ntieth year of King Henry the Eighth, 21 H. 8. cap. 20 The Precedent of the Council is associated to join with the Lord Chancellor and other judges in the said Statute of the third of Henry the seventh mentioned, But the said judges have not kept themselves to the points limited by the said Statute, but have undertaken to punish where no Law doth warrant, and to make Decrees for things having no such Authority, and to inflict heavier punishments then by any Law is warranted: All matters ●●●minable in 〈◊〉 Star-Chamber ma● be ●●●●●nable and 〈◊〉 ●●o by the Common Law. And forasmuch as all matters examinable, or determinable before the said judges, or in the Court commonly called the Star-Chamber, may have their proper remedy and redress, and their due punishment, and correction by the Common Law of the Land, and in the Ordinary course of justice elsewhere; and forasmuch as the reasons and motives inducing the erection and continuance of that Court do now cease; and the proceed, Censures, and Decrees of that Court, have by experience been found to be an intolerable burden to the Subject, and the means to introduce an Arbitrary Power and Government; And forasmuch as the Councel-Table, hath of late times assumed unto itself, a power to intermeddle in Civil causes and matters, only of private interest between party and party, and have adventured to determine of the Estates and Liberties of the Subject, contrary to the Law of the Land, and the Rights and Privileges of the Subject, by which great and manifold mischiefs and inconveniencies have arisen, and happened, and much incertainty by means of such proceed hath been conceived concerning men's Rights, and Estates; For settling whereof, and preventing the like in time to come; Be it Ordained and Enacted by the Authority of this present Parliament, Court of Star-Chamber and all its powers dissolved. That the said Court commonly called the Star-Chamber, and all jurisdiction, Power, and Authority belonging unto, or exercised in the same Court, or by any the judges, Officers or Ministers thereof, be from the first day of August, in the year of our Lord God, One thousand six hundred forty and one, clearly and absolutely dissolved, taken away, and determined; and that from the said first day of August, neither the Lord Chancellor, or Keeper of the Great Seal of England, the Lord Treasurer of England, the Keeper of the King's Privy-Seal, or Precedent of the Council, nor any Bishop, Temporal Lord, Privy-councillor, or judge, or justice whatsoever, shall have any power, or authority to hear, examine, or determine any matter, or thing whatsoever, in the said Court commonly called the Star-Chamber, or to make, pronounce, or deliver any judgement, Sentence, Order, or Decree, or to do any judicial, or Ministerial Act in the said Court; And that all and every Act, and Acts of Parliament, and all and every Article, clause, and sentence in them, and every of them, by which any jurisdiction, power, or Authority is given, limited, or appointed unto the said Court commonly called the Star-Chamber, or unto all, or any the judges, Officers, or Ministers thereof, or for any proceed to be had, or made in the said Court, or for any matter or thing to be drawn into question, examined, or determined there, shall for so much as concerneth the said Court of Star-Chamber, and the power, and authority thereby given unto it, be from the said first day of August repealed, and absolutely revoked and made void. And be it likewise Enacted, Like jurisdiction in several other Courts repealed and taken away. That the like jurisdiction now used and exercised in the Court before the Precedent, and Council, in the Marches of Wales, and also in the Court before the Precedent and Council established in the Northern parts: And also in the Court commonly called, the Court of the Duchy of Lancaster, held before the Chancellor, and Council of that Court: And also in the Court of Exchequer of the County Palatine of Chester, held before the Chamberlain and Council of that Court; The like jurisdiction being exercised there, shall from the said first day of August, One thousand six hundred forty and one, be also repealed and absolutely revoked and made void, any Law, prescription, custom, or usage; Or the said Statute, made in the third year of King Henry the seventh, Or the Statute made the One and twentieth of Henry the vl, Or any Act, or Acts of Parliament heretofore had, or made, to the contrary thereof in any wise notwithstanding; And that from henceforth no Court, Council, No Court or Council to have the like jurisdiction. or place of judicature shall be erected, ordained, constituted, or appointed within this Realm of England, or Dominion of Wales, which shall have, use, or exercise the same, or the like jurisdiction, as is, or hath been used, practised, or exercised in the said Court of Star-Chamber. Be it likewise declared, and Enacted by Authority of this present Parliament, The King nor his privy Council shall have no jurisdiction over any man's estate. That neither his Majesty, nor his Privy-Councel, have, or aught to have any jurisdiction, power, or authority, by English Bill, Petition, Articles, Libel, or any other Arbitrary way whatsoever, to examine or draw into question, determine, or dispose of the Lands, Tenements, Hereditaments, Goods or Chattels, of any the Subjects of this Kingdom: But that the same aught to be tried, and determined in the ordinary Courts of justice, and by the ordinary course of the Law. And be it further provided and Enacted, That if any Lord Chancellor, Penalties upon great Officers and others for the first offence. or Keeper of the Great Seal of England, Lord Treasurer, Keeper of the King's Privy Seal, Precedent of the Council, Bishop, Temporal Lord, Privy Councillor, judge, or justice whatsoever, shall offend, or do 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 judgement 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, Privilege, Injunction, or Order of restraint shall be in any wise prayed, granted, or allowed, nor any more than one Imparlance. And if any person, against whom any such judgement, or Recovery, shall be had as aforesaid, shall after such judgement or Recovery, offend again in the same, than 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 judgement 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, Privilege, Injunction, or Order of Restraint, shall be in any wise prayed, granted, or allowed, nor any more than one Imparlance. And if any person against whom any such second judgement, or Recovery shall be had, as aforesaid, shall after such judgement, 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 virtue 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, Triple damages to the party grieved. by any thing done contrary to the true intent and meaning of this Law, his triple 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 Majesty's Courts of Record at Westminster, by Action of Debt, Bill, Plaint, or Information, wherein no Essoin, Protection, Wager of Law, Aid-Prayer, Privilege, Injunction, or Order of Restraint, shall be in any wise Prayed, Granted, or Allowed, nor any more than 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 Decree 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 jurisdiction, power, or authority, to commit, or imprison as aforesaid; Or by the command or Warrant of the King's Majesty, 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 Majesty's Privy Council, 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 employed by him for that purpose, unto the judges of the Court of King's Bench, or Common Pleas, in open Court, shall without delay, upon any pretence whatsoever, for the ordinary Fees usually paid for the same, have forthwith granted unto him a Writ of Habeas Corpus to be directed generally unto all and every Sheriffs, Jailer, Minister, Officer, or other person, in whose custody the party committed or restrained shall be, and the Sheriffs, Jailer, 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 been used, such charges of bringing up, and carrying back the prisoner, to be always 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 judges or justices 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 three Court-dayes after such return made and delivered in open Court, shall proceed to examine and determine whether the cause of such commitment appearing upon the said return be just and legal, or not, and shall thereupon do what to justice 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 judge, justice, 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, Triple damages in default. his triple 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 always, 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 Precedent and Council in the Marches of Wales, and before the Precedent and Council in the Northern parts; and also to the Court commonly called the Court of the Duchy of Lancaster, holden before the Chancellor and Council of that Court: And also in the Court of Exchequer of the County Palatine of Chester, held before the Chamberlain and Council of that Court; And to all Courts of like jurisdiction 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 King's Majesty, his Heirs or Successors in their own person, or by the Lords and others of the Privy Council 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 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. Whereas in the Parliament holden in the first year of the reign of the late Queen Elizabeth late Queen of England, there was an Act made and established, Entitled, An Act restoring to the Crown the ancient Jurisdiction over the State Ecclesiastical and Spiritual, St. 1 Eliz. 2, and abolishing all Foreign 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 Queen's Highness, her Heirs and Successors, Kings or Queen's of this Realm, should have full power and authority by virtue of that Act by Letters Patent under the Great Seal of England, to assign, name, and authority, when, and as often as her Highness, her Heirs or Successors, should think meet 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 meet to exercise, use, occupy, and execute under her Highness, her Heirs and Successors, all manner of jurisdictions, Privileges and pre-eminence, in any wise touching or concerning any Spiritual or Ecclesiastical jurisdiction within these her Realms of England and Ireland, or any other her Highness' Dominions and Countries, and to visit, reform, redress, order, correct, and amend all such errors, heresies, schisms, abuses, offences, contempts, and enormities whatsoever, which by any manner Spiritual or Ecclesiastical power, Authority or jurisdiction, can, or may lawfully be reform, ordered, redressed, corrected, restrained or amended, to the pleasure of Almighty God, the increase of virtue, and the conservation of the Peace and Unity 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 virtue of that Act, and of the said Letters Patents under her Highness, her Heirs or Successors to exercise, use, and execute all the Premises, 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 King's Letters Patents, and by Letters Patents grounded thereupon, the said Commissioners have, to the great and insufferable wrong and oppression of the King's Subjects, used to fine and imprison them, and to exercise other Authority not belonging to Ecclesiastical jurisdiction restored by that Act, and divers other great mischiefs and inconveniences have also ensued to the King's 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 Archbishop, Bishop, or Vicar-General, nor any Ordinary whatsoever, nor any other Spiritual or Ecclesiastical judge, Officer, or Minister of justice, nor any other person or persons whatsoever, exercising Spiritual or Eccesiastical Power, Authority, or jurisdiction, by any Grant, Licence, or Commission of the King's 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 King's Subjects, for any contempt, misdemeanour, crime, offence, matter, or thing whatsoever, belonging to Spiritual or Ecclesiastical cognizance, or jurisdiction, 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 herself of any crime, offence, delinquency, or misdemeanour, or any neglect, matter, or thing whereby, or by reason whereof he or she shall or may be liable 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, triple damages and one hundred pounds. shall forfeit and pay triple 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 Triple 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 privilege, Offenders convicted, disabled from any office or employment by the King's 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 employment, in any Court of justice 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 Majesty, his Heirs or Successors, And all Powers and Authorities Granted or pretended, or mentioned to be Granted thereby, and all Acts, Sentences and Decrees, to be made by virtue or colour thereof, shall be utterly void, and of none effect. CAP. XII. A Subsidy Granted to the King of Tonnage and Poundage, Tonnage and Poundage. and other sums of Money payable upon Merchandise Exported and Imported, from the 15th of July, 1641. to the 10th of August next. EXP. CAP. XIII. Such moneys secured as are or shall be due to the Inhabitants of the County of York, and the other adjoining Counties, for the Billet of the Soldiers and to certain Officers of the Army who forbear part of their pay, according to an Order in that behalf made in the Commons House of Parliament this present Session, for such part of their pay as they shall so forbear. EXP. CAP. XIV. The late Preceeding touching Ship-money declared unlawful, and all Records and Process concerning the same made void. Ship●rits. Whereas divers Writs of late time, issued under the Great Seal of England, commonly called Ship-Writs, for the charging of the Ports, Towns, Cities, Burroughs, and Counties of this Realm respectively, Certioraries. to provide and furnish certain Ships for his Majesty's service: Mittimus. And whereas upon the Execution of the same Writs, and Returns of Certioraries thereupon made, and the sending the same by Mittimus into the Court of Exchequer, Process hath been thence made against sundry persons pretended to be charged by way of Contribution, for the making up of certain sums assessed for the providing of the said Ships, and in especial in Easter Term, Scire facias against John Hampden Esquire Demurrer. in the thirtéenth year of the Reign of our Sovereign Lord the King that now is, a Writ of Scire facias was awarded out of the Court of Exchequer, to the then Sheriff of Buckingham-Shire, against John Hampden Esquire, to appear and show cause, why he should not be charged with a certain sum so assessed upon him, upon whose appearance and demurrer to the proceed therein, the Barons of the Exchequer adjourned the same case into the Exchequer-Chamber, where it was solemnly argued divers days, and at length it was there agreed by the greater part of all the justices of the Courts of King's Bench, and Common Pleas, and of the Barons of the Exchequer, there assembled, That the said John Hampden should be charged with the said sum so as aforesaid assessed on him; The main grounds and reasons of the said justices and Barons which so agreed, being, that when the good and safety of the Kingdom in general is concerned, and the whole Kingdom in danger, the King might by Writ under the Great Seal of England command all the Subjects of this His Kingdom at their charge to provide and furnish such manner of Ships with Men, Victuals, and Munition, and for such time as the King should think fit, for the defence and safeguard of the Kingdom, from such danger and peril; and that by Law the King might compel the doing thereof, in case of refusal, or refractorinses, and that the King is the sole judge, both of the danger, and when, and how the same is to be prevented, and avoided; according to which grounds, and reasons, all the justices of the said Courts of King's Bench, and Common Pleas, and the said Barons of the Exchequer, having been formerly consulted with by his Majesty's command, Extrajudicial Opinion. had set their hands to an extraiudicial opinion, expressed to the same purpose; which Opinion, with their names thereunto, was also by his Majesties command enrolled in the Courts of Chancery, King's Bench, Common Pleas, and Exchequer, and likewise entered among the Remembrances of the Court of Star-Chamber, judgement. and according to the said agreement of the said justices, and Barons, judgement was given by the Barons of the Exchequer, That the said John Hampden should be charged with the said sum so assessed on him; And whereas some other Actions and Process depend, and have depended in the said Court of Exchequer, and in some other Courts against other persons, for the like kind of charge, grounded upon the said Writs, commonly called Shipwrits, all which Writs, and proceed as aforesaid, were utterly against the Law of the Land. Shipmoney & proceed thereupon contrary to Law. Be it therefore declared and Enacted by the Kings most excellent Majesty, and the Lords and Commons in this present Parliament assembled, and by the Authority of the same, That the said charge imposed upon the Subject, for the providing and furnishing of Ships, commonly called Ship-money, and the said extrajudicial opinion of the said justices and Barons, and the said Writs, and every of them, and the said agreement or opinion of the greater part of the said justices and Barons, and the said judgement given against the said John Hampden were, and are contrary to, and against the Laws and Statutes of this Realm, the right of property, the liberty of the Subjects, former resolutions in Parliament, and the Petition of Right made in the third year of the Reign of his Majesty that now is. St. 3 Car. 1. Petition of right to be observed. And it is further declared and Enacted by the Authority aforesaid, That all and every the particulars prayed or desired in the said Petition of Right, shall from henceforth be put in execution accordingly, and shall be firmly and strictly holden and observed, as in the same Petition they are prayed and expressed; and that all and every the Records and remembrances of all and every the judgement, judgements & proceed▪ touching ship-money and all entries, records, & inrolments thereof made void. Inrolments, Entry and proceed, as aforesaid, and all and every the proceed whatsoever, upon, or by pretext or colour of any of the said Writs, commonly called Ship-Writs, and all and every the Dependants on any of them, shall be Deemed and Adjudged to all intents, constructions, and purposes, to be utterly void and disannulled; and that all and every the said judgement, Inrolments, Entries, Proceed, and Dependants of what kind soever, shall be vacated and canceled in such manner and form as Records use to be that are vacated. CAP. XV. Touching Encroachments and Oppressions in the Stannary Courts. WHereas King EDWARD the first of famous memory, did for the Amendment of the Stannaries in the County of Devon, E. 1. Charter. grant divers Franchises and Liberties to the Tinners there: And whereas in the Parliament in the fiftieth year of King EDWARD the third, upon the petition of the Commons of the County of Devon, certain Branches and Articles of the said Charter were explained in manner following, That is to say, whereas one Article of the said Charter is in these words following, Explained 50 E. 3. viz. Sciatis nos ad emendationem Stannariarum nostrarum in Com. Devon. ad tranquilitatem & utilitatem Stannatorum nostrorum praedictorum earundem Concessisse pro nobis & haeredibus nostris, Quod omnes Stannatores praedicti operantes in Stannariis illis quae sunt Dominica nostra, dum operantur in eisdem Stannariis, liberi sint & quieti de placitis nativorum, & de omnibus placitis & querelis Curiam nostram & haeredum nostrorum qualitercunque tangen. Ita quod non respondeant coram aliquibus Justiciariis vel Ministris nostris seu haeredum nostrorum de aliquo placito seu querela infra praedictas Stannarias emergen. nisi Coram Custode nostro Stannariarum nostrarum praedictarum, qui pro tempore fuit (except. placitis terr', vitae & membrorum) nec recedant ab operationibus suis per summonitionem alicujus Ministrorum nostrorum, seu haeredum nostrorum, nisi per summonitionem communem dicti Custodis nostri; Et quod quieti sint de omnibus tallag Theolon. stallag. auxiliis & aliis custumis quibuscunque in villis, portubus, feriis, & mercatis infra Com. praedict. de bonis suis propriis, etc. Whereupon the said Commons prayed a Declaration, as followeth, Requeste, Sur quoi please declarer si auters person's q̄ les Esteymos operantzes in les Estemeryes averont & enjoyeront la franchise gennte per la dite chartre du Roy desicome la dite chartre voet. Quod omnes Stannatores praedicti operantes in Stannariis illis sint liberi, etc. Et autres persons q̄ les onerours cestassavoir leroes Mistress que les lovent & leroes servants & auters claymont mesne la Franchise. Et auxint please declarer si les ditz onerours y averont les Franchises in auters temps q̄ quant ils averont in mesme Lestemery desicome la chre ' voet. Dum operantur in eisdem Stannariis sint liberi, etc. Upon which request answer was made, as followeth: Respons. En droit de les dites paroles operantes in Stannariis illis & dum operantur in eisdem Stannariis, Soient clerement entenduz de operariis laborantibus duntaxat in Stannariis illis sine fraud & dolo, & non de aljis, nec alibi laborantibus. And whereas the said Commons prayed a farther Declaration as followeth: Requeste, Item soit declarez, si le Gardein de Lestemery puisse tenir plea inter Esteymo & Forreyn de querele sourdante aeillos q̄ en les lieux on ils sont onanntzes desicome lafoy Chre'voet. Quod Custos noster praedictus vel ejus locum Tenens teneat omnia placita inter Stannatores praedictos emergen. & etiam inter ipsos & alios forinsecos de omnibus transgressionibus, querelis, & contractibus factis in locis in quibas operantur infra Stannarias praedictas similiter emergen. etc. Quar ill tient plee des tieux quereles sourdantzes in chescune parte deins le dit Count. Upon which, answer was made in these words, viz. Resp. Et en droit de ceste Article, see enter extend la Jurisdiction clerement solonc les paroles del dit Chre ' Cestassavoir; In locis ubi iidem operarii operantur & nemy aiilours ne en autre manere. Which Charter so declared, was repeated again; And in the vl year of the Reign of King Richard the second commanded to be put in execution. And whereas the said King Edward the first made the like Charter to the Tinners in the County of Cornwall, 8 R. 2. which Charter was in the foresaid Parliament upon the request of the Commons of the County of Cornwall declared in the same manner and words. The like charter to Tinners in Cornwall. And whereas the Tinners of the Counties of Devon and Cornwall have by virtue of the said Charters enjoyed divers and great Liberties, and are quit from all Toils, Tollages, Aids, and other customs in the Villes, Ports, Fairs, and Markets, Declaration. within the said Counties respectively: Which great Liberties do of right belong to the working Tinner, working without fraud or deceit in the Stannaries aforesaid, and not to any other nor elsewhere working, and were granted to the said Tinners for their encouragement in their works: And whereas of late years sundry Inhabitants within the said Counties, Abuse of liberties. and others, to entitle themselves to the said Liberties, have by fraud and covin, for small or no considerations, bought and acquired, and do buy and acquire to themselves decayed Tinne-works, and small and inconsiderable parts in the same and other Tinne-works; which abuses are done principally to enable the said false and feigned Tinners, to vex and sue their Neighbours in the Stannary Courts, where for the most part the Defendant is unjustly debarred his Costs, although the cause be adjudged with him, and the jurisdiction of the said Stannaries hath, contrary to ancient right and usage, and the said Charters, been endeavoured to be extended out of the places where the Tinners do work, through the whole Counties of Devon and Cornwall respectively, which is no way for the benefit of his Majesty, but for the singular lucre of some private persons: And whereas by the said abuses great inconveniences do follow, (That it is to say) the Inhabitants of the said Counties are miserably vexed, oppressed, and imprisoned, His Majesty defrauded of His Aids and Customs, and the Lords and Owners of Fairs, Markets, and other Franchises of their Tolls and Duties, and the government of the Country exceedingly confounded and eluded, the said false and feigned Tinners claiming when they list to be Tinners, and when they list to be Foreigners; besides, that if timely provision be not made, the certain decay of his Majesty's profit in the Tinne-works will ensue, for that the same being divided into so many hands and parts cannot conveniently be set on work, nor contribution raised for the working the same. The former declarations confirmed. Be it therefore Enacted by his Majesty, and the Lords Spiritual and Temporal, and the Commons in this present Parliament assembled, That the said Declarations be henceforth held and duly observed with this, that the words of the said Charters and Declarations, In locis ubi operantur, In locis ubi operantur. how expounded. be expounded of the Ville, Tithing, and Hamlet, where some Tinne-work in work is situate, and not elsewhere, and no longer than the same Tinne-work is or shall be in working. And if any person or persons that shall be sued in the said Stannaries, shall swear, or tender his or their oath in the said Court where he or they shall be sued, that he or they are not, None but Tinners to be sued, unless by working Tinners. nor is, nor time of the Suit commenced was not, nor were a Tinner or Tinners, than such Defendant or Defendants shall be forthwith discharged of such Suit, unless that the Plaintiff or Plaintiffs do forthwith make oath that the said Plaintiff or Plaintiffs, is or are true and working Tinners, without fraud or deceit: and that the cause of his or their Suit arose within the said Stannaries, or concerneth Tin or Tinne-works. And if any person being not re verâ, and without fraud, a working and labouring Tinner, in or about some Tinne-work, Persons sued by others shall have their action. set on work within one half year next before his Suit, shall sue, prosecute, or implead in any the said Courts, or before the Warden, Vice-warden, or Steward of the said Stannaries, any person or persons that is or are not a Tinner or Tinners at the time of such Suit commenced, Then the Defendant and Defendants in every such case, shall have his and their action at the common Law, against such person suing or prosecuting, wherein he shall recover ten pounds, Such action to be brought within two years. and his damages and costs of Suit; Provided that such Action be brought within two years' next after the Action or Suit brought in the said Stannary Courts, or before the said Warden, Vice-Warden, or Steward. And be it declared and Enacted, That in all cases where the Plaintiff or Defendant, Plaintiffs or Defendants, Costs in Stannary courts. are to have costs by the Laws or Statutes of this Realm, there also the Plaintiffs and Defendants shall have the like costs in the Stannary Courts. And in regard that the said Charters were granted for the ease and advantage of the Tinners, and not for their disadvantage or oppression, and yet divers of them who for special reasons have desired to sue at the common Law, have been restrained; Tinner may set forfeitures at the common law. Be it declared and Enacted, That it shall be lawful to and for the said Tinners, if they think fit, to sue any Foreigners at the common Law; the said Charter, or any usage to the contrary notwithstanding. Abuses of poor Bailiffs in the Stannaries. And whereas the Bailiffs of the said Stannary Courts are very numerous, and are persons of small or no credit, and yet upon their return that any person is become surety for any other upon Arrest by Process out of the said Courts, such person who sometimes knows nothing of the matter, is by false Returns of the said Bailiffs made liable to the debt or demand, which Bailiffs, by reason of their poverty, are often not responsible, and so the party without remedy: How sureties may be sued. Be it enacted, That no person or persons be charged or troubled as surety by any Return of any Bailiff or Bailiffs of the said Stannaries, unless that the person or persons returned Surety or Sureties, shall in the presence of two witnesses subscribe or sign a note in writing, that such person or persons is or are become Surety or Sureties; which note shall mention the names of the Plaintiffs and Defendants in the suit, and the sum or damages in demand, and the nature of the Action, and shall be Signed or subscribed by the said Witnesses, and returned and filled in the Court out of which such Process shall issue, and no Bailiff or Bailiffs of the said Stannaries shall be admitted as witnesses to any such note. And whereas in the said Stannaries it is used, that if the Bailiffs return any Person arrested, that if such person make default at the day, he shall be condemned, and Execution is suddenly awarded, when as often the party was not arrested: No Defendant shall be condemned on a bailiffs return, unless on a note subscribed by the party. Be it further Enacted, That no Defendant shall be condemned upon such Return for not appearing, unless also a Note under the Hand or Sign of the party arrested, and subscribed by two such Witnesses, as aforesaid, be returned into the said Court, at or before the day of Appearance; and the said Bailiff or Bailiffs shall take but four pence for every such note as aforesaid ʒ and it is provided, that none shall be bailed upon arrest there till he give such Note. Bail. And in case any the said Bailiff or Bailiffs shall return a Rescous against any Person or Persons, Rescous. he or they shall be admitted to Traverse the said Return; which Traverse, if it be found with him or them so Traversing, than he or they shall be no further troubled or occasioned by reason of such return. CAP. XVI. For the certainty of the Meets, and Bounds of the Forests, WHereas by Act of Parliament made in the first year of the Reign of the late King EDWARD the Third, It is ordained, That the old Perambulation of the Forest in the time of King Edward the First, St. 1 Ed. 3. should be thenceforth holden in like form as it was then ridden and bounded, and in such places where it was not bounded, the King would that it should be bounded by good Men and lawful: And whereas for many Ages past certain Meets, Méers, Limits, and Bounds of the Forests, have been commonly known and observed in the several Counties wherein the said Forests lie: And whereas of late divers Presentments have been made, and some judgements given, whereby the Meets, Meers, Limits, and Bounds of some of the said Forests have been variously extended, or pretended to extend beyond some of the said Meets, Meers, Limits, and Bounds so commonly known, and formerly observed; to the great grievance and veration of many Persons having Lands adjoining to the said Meets, Méers, Limits, and Bounds so commonly known, and formerly observed: And whereas of late time some Endeavours or Pretences have been to set on foot Forests in some parts of this Realm, and the Dominion of Wales, where in truth none have been nor aught to be, or at least have not been used of long time: For remedy thereof, may it please your most Excellent Majesty, that it be Declared and Enacted by Authority of Parliament: And be it Declared and Enacted by the Kings most Excellent Majesty, What shall be the Meets and Bounds of Forests. and the Lords and Commons in this present Parliament assembled, and by the Authority of the same, That from henceforth the Meets, Meers, Limits, and Bounds of all and every the Forests respectively, shall be to all intents and purposes, taken, adjudged, and deemed to extend no further respectively, than the Meets, Meers, Limits, and Bounds which in the several Counties Respectively, wherein the said Forests do lie, were commonly known, reputed, used, or taken to be the Meets, Meers, Limits, and Bounds of the said Forests respectively, in the twentieth year of the Reign of our late Sovereign Lord King JAMES, 20 Jacob. and not beyond in any wise, any Perambulation or Perambulations, Presentments, Extents, Surveys, judgements, Records, Decrees, or other matter or thing whatsoever to the contrary notwithstanding: And that all and every the Presentments since the said twentieth year made, and that all and every other Presentment and Presentments, Presentments contrary hereunto shall be used. and all and every judgement and award upon, or by reason or pretert of any such Presentment or Presentments, and all and every Perambulation and Perambulations, Surveys, Extents, and other Act and Acts, at any time heretofore had or made, by which the Meets, Meers, Limits, or Bounds of the said Forests, 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 justice 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 Meets, 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, deemed, 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 justice seat Swainemote cour● or attachment, etc. hath been within 〈◊〉 years shall be accounted Forest. That no place or places within this Realm of England, or Dominion of Wales, where no such justice 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 Majesty's Reign that now is, shall be at any time hereafter judged, deemed, or taken to be Forest, or within the Bounds or Meets of the Forests; But the same shall be from thenceforth for ever hereafter Deafforrested, and freed, and exempted from the Forest's Laws; Any justice-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, etc. 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 Forests, as aforesaid. The Lord-Chancellour, or Lord-Keeper of the Great Seal of England for the time being, shall by virtue of this Act upon request of any of the Peers of this Kingdom, or of the Knights and Burgesses of the Parliament, or any of them, grant several 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 inquire 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, Meets, Bounds, and Limits of the Forests 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 Sovereign 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, Foresters, Rangers, and other Officers of the Forests respectively where any such Officers be, shall be assistant, and attendant to the execution of the said Commissions, according as by virtue 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, proceed without them in the execution of the said Commissions. Forest's shall not extend beyond the meets, etc. so returned. And be it further Enacted by the Authority aforesaid, That the Forests whereof the Meets, Méers, Limits, and Bounds be so returned, and certified by virtue of any the said Commissions as aforesaid, from thenceforth shall not extend, nor be extended, nor be deemed, adjudged, or taken to extend any further in any wise than the Meets, Méers, Limits, and Bounds that shall be so returned, and certified: And that all the places, and Territories that shall be without the Meets, 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 been Forest, 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 been, or are Deafforrested, or mentioned to be Deafforrested, in, or by any Letters Patents, Charters, or otherwise, since the said twentieth year of the Reign of our said late Sovereign Lord King James, shall be excluded, and left out of the Meets, Méers, Limits, and Bounds of the Forests, which are to be enquired of, returned, and certified by virtue of the said Commissions, or any of them respectively: And shall be, and hereby are declared and Enacted to be utterly Deafforrested, free, and exempt to all intents and purposes, as if the same had never been at all Forest, 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, etc. of lands excluded shall enjoy their ancient commission, etc. 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 Meets, Méers, Limits, or Bounds of the Forests to be returned, and certified by virtue of any the said Commissions, shall, or may use, and enjoy such Common, and other profits and easements within the Forest, as anciently, or accustomably they have used, and enjoyed: Any thing in this present Act contained, or any Act or Ordinance made in the three and thirtieth year of King Edward the first, or any Custom, or Law of the Forest, 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 public 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 been very grievous unto divers of his Majesty's most loving Subjects, who have been 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 Kingdoms and by granting and letting to Farm 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 Kingdom for great sums of Money, which the said Fermours or Grantées, by their unjust and undue proceed in the said Office, do extort from his Majesty's Subjects again, to their great impoverishment, and yet little or no redress at all in their said Weights or Measures, or any benefit thereby accrueing 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 privileged, as without; Any usage or custom to the contrary notwithstanding: And that every Measure of Corn shall be striked without heap: And whosoever shall sell by, or keep any other Weight, Measure, or Yard, then as aforesaid, whereby any Corn, Grain, or other thing is bought or sold, after six months 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 justice of Peace, Mayor, or other head Officer of the County, City, or Town Corporate respectively, where the said Offence shall be committed: Who by virtue of this Act shall have power to administer an Oath in that behalf: How to be levied. Which said sum or penalty of five shillings shall be levied by the Churchwardens 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, rendering the Overplus to the party so offending. And in default of such Distress, it shall be lawful for any justices 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 Mainprize, until 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 King's House which now is, or hereafter shall be, or of the Prince His Highness, His Heirs or Successors, which is or shall be Duke of Cornwall, 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 King's Court where it shall then reside for the time being. And that it shall be always 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 jurisdictions, 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 Majesty's Subjects. Be it further Enacted, Forfeiture of clerk of the Market for offences, That if any Clerk of the Market within his aforesaid precincts and limits of the Verge of the King's house only, or any Mayor, or other Officer whatsoever, who by virtue 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 Fee or Fees for such allowance, as by the Statute or Statutes, or by ancient custom, 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 levied 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 Majesty's Subjects, by colour of the said Office, any common Fine or Fines, or any Fees, other than are formerly allowed by the Statute or Statutes, or ancient custom in that behalf made or used, shall take any Fee or Fees, or other sum of money, Reward, or consideration, for the making, Signing, or Examination of any Weights or Measures which have been 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 levied as aforesaid, to the use of the poor of the Parish where such offence shall be committed. And be it Enacted, That whosoever shall be fined or amerced by virtue of this Act, St. 13 R. 1. 4. Persons ●ined by this Act not to be ●ined upon any former law. Rents of ferms of corn excepted. shall not be again fined or amerced for the same offence, by virtue of any former Law or Statute. Provided always, 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 Colleges, Houses, or other Societies, by virtue of any ●ease or Leases, or other Covenant or Agreement, but that the same during the continuation of such Lease, Leases, or other Agreements, shall be paid, delivered, and performed in such measure and form as the same hath been paid, delivered, and performed, before the making of this Act: And that such measure, Water measures to be continued. that is commonly called Water-measure, in any Ports, Maritime Towns, or other places, shall be still used and continued as formerly the same hath been; Any thing in this Statute contained to the contrary hereof in any wise notwithstanding. The general issue, may be pleaded. Provided also, That no justice or justices of the Peace, Mayor, Bailiff, or other head Officer, Churchwardens, Overséers, or any other authorized by this Statute for the due execution thereof in any point, shall be sued, impleaded, or otherwise impeached, for doing, or executing their said Offices respectively: And if any Suit or Suits hereafter shall be Commenced against them, or any of them, their Agents, or Assistants, touching the premises, That then it shall, and may be lawful for them, and every of them so sued, or troubled in any Court, or Courts, wheresoever, to plead the general issue, Not Guilty, and to give this Statute in Evidence, or any other special matter in Evidence. Triple costs for unjust vexation. And in ease by, or upon this Law, they or any of them shall be found not guilty, or the Plaintiff be Nonsuited, the Defendant, or Defendants, shall recover triple Costs against the Plaintiff for his unjust vexation. CAP. XX. None shall be compelled to take the Order of Knighthood. Writs issued for persons to take the order of Knighthood. WHereas upon the pretext of an ancient custom, or usage of this Realm of England, That Men of full age, being not Knights, and being seized of Lands or Rents, of the yearly value of forty pounds, or more (especially if their seisin had so continued by the space of three years next passed) might be compelled by the King's Writ, to receive or take upon them the order or dignity of Knighthood, or else to make Fine for the discharge or respite of the same; Several Writs about the beginning of his Majesty's reign issued out of the Court of Chancery, for Proclamations to be made in every County to that purpose, and for certifying the names of all such persons, and for summoning them personally to appear in the King's presence before a certain day, to be there ready to receive the said Order or Dignity: Upon return of which Writs, and transmitting the same with their Returns into the Court of Exchequer, Returns. and upon other Writs for further inquiry of the names of such persons issuing out of the said Court of Exchequer, Process by Distringas was thence made against a very great number of persons, Distringas. many of which were altogether unfit, in regard either of Estate or quality, Fines. to receive the said Order or Dignity, and very many were put to grievous Fines and other vexations for the same, although in truth it were not sufficiently known how, or in what sort, or where they, or any of them should, or might have addressed themselves for the receiving the said Order or Dignity, and for saving themselves thereby from the said Fines, Process, and vexations: And whereas it is most apparent that all and every such proceed, in regard of the matter therein pretended, is altogether useless and unreasonable; May it therefore please your most Excellent Majesty, that it be by authority of Parliament declared and Enacted. No person shall be compelled to take on him the order of Knighthood, nor undergo any fine for that cause. And be it declared and Enacted by the Kings most Excellent Majesty, and the Lords and Commons in this Parliament assembled, and by the Authority of the same, That from henceforth no person or persons, of what condition, quality, estate, or degree soever, shall at any time be distrained, or otherways compelled by any Writ or Process of the Court of Chancery, or Court of Exchequer, or otherwise by any means whatsoever, to receive or take upon him or them respectively, the Order or Dignity of Knighthood, nor shall suffer or undergo any Fine, Trouble or Molestation whatsoever, by reason or colour of his or their having not received, or not taken upon him or them the said Order or Dignity: And that all and every Writ or Process whatsoever, and all and every proceeding which shall hereafter be had or made contrary to the intent of this Act, shall be deemed and adjudged to be utterly void: And that all and every process proceeding, and charge now depending by reason or colour of the said pretended custom or Writs aforesaid, or of any the Dependants thereof, shall from henceforth cease and stand, be and remain discharged and utterly void; Any former Law or Custom, or any pretence of any former Law or Custom, or any other matter whatsoever, to the contrary in any wise notwithstanding, Stat. 1 E. 2. CAP. XXI. Liberty for bringing in of Gunpowder and Saltpetre from Foreign parts, and for the free making of Gunpowder in this Realm. Mischiefs by prohibiting importing of Gunpowder. WHereas the Importation of Gunpowder from foreign parts hath of late times been against Law prohibited, and the making thereof within this Realm engrossed, whereby the price of Gunpowder hath been excessively raised, many powder works decayed, this Kingdom very much weakened and endangered, the Merchants thereof much damnified, many Mariners and others taken prisoners, and brought into miserable Captivity and Slavery, many Ships taken by Turkish and other Pirates, and many other inconveniences have from thence ensued, and more are likely to ensue if they be not timely prevented: Liberty to all to import gunpowder. Be it therefore declared and Enacted by the Kings most Excellent Majesty, and the Lords and Commons in this present Parliament assembled, and by the Authority of the same, That it shall and may be lawful, to and for all and singular persons, as well Strangers as natural born Subjects of this Realm, to import and bring into this Kingdom any quantities of Gunpowder whatsoever, paying such Customs and Duties for the same, as by authority of Parliament shall be limited and set down. And be it further Declared and Enacted by the Authority aforesaid, All Subjects may make and sell Gunpowder, and import Salt-peter. That it shall and may be lawful, to and for all and singular his Majesty's Subjects of this his Realm of England, to make and sell any quantities of Gunpowder, at his and their will and pleasure, and also to bring into this Kingdom any quantities of Saltpetre, Brimstone, or any other materials necessary or requisite for the making of Gunpowder. And lastly, Be it Enacted by the Authority aforesaid, That if any person or persons, Penalty for putting in execution Letters Patents, Proclamations, etc. against this liberty. from and after the tenth day of August, which shall be in the year of our Lord God One thousand six hundred forty and one, shall put in execution any Letters Patents, Proclamation, Edict, Act, Order, Warrant, Restraint, or other Inhibition whatsoever, whereby the Importation of Gunpowder, Saltpetre, Brimstone, or other the materials aforementioned, or any of them, from Foreign parts, or the making of Gunpowder within this Realm, shall be any way prohibited or restrained, That then the said person and persons so offending shall incur and sustain the pains, penalties and forfeitures contained and provided in the Statute of provision and praemunire made in the Sixtéenth year of King Richard the Second. CAP. XXII. A Subsidy granted to the King of Tonnage, Poundage, and other sums of Money, Tonnage, Poundage. payable upon Merchandise, Exported, and Imported from the 9th of August, 1641. to the first of December next. EXP. CAP. XXIII. An Act for the better raising and Levying of Mariners, Sailors, and others, Mariners. for the present guarding of the Seas. EXP. CAP. XXIV. For Relief of Captives, taken by Turkish, and other Pirates, Captive. and one per Cent. on Customable goods for three years to be paid, and received by the Lord Mayor and Chamberlain of London for that purpose. EXP. CAP. XXV. A Subsidy granted to the King of Tonnage, Poundage, etc. from the last of November 1641. Tonnage, Poundage. to the first of February next, and the like until the second of July 1642. EXP. CAP. XXVI. For the better Ra●sing and Levying of Mariners, Sailors, and others, Mariners. for the present guarding of the Seas. EXP. CAP. XXVII. Persons in Holy Orders shall not exercise certain temporal powers and authorities. Persons in Holy Orders. REP. Stat. 13 Car. 1. cap. 2. CAP. XXVIII. For the better Raising and Levying of Soldiers for the present defence of the Kingdoms of England and Ireland. Soldiers. EXP. CAP. XXIX. A Subsidy granted to the King of Tonnage and Poundage, Tonnage, Poundage. and other sums of Money payable upon Merchandise, Exported and Imported from the last of January 1641. to the 25th of March next ensuing. EXP. CAP. XXX. A Contribution and Loan towards the Relief of Ireland. Contribution. EXP. CAP. XXXI. A Subsidy granted to the King of Tonnage and Poundage, Tonnage, Poundage. and other sums of Money payable upon Merchandise exported and imported from the second of May 1642. to the second of July next following. EXP. CAP. XXXII. For the Raising and Levying of Moneys for the necessary defence and great affairs of the Kingdoms of England and Ireland, and for the payment of Debts undertaken by the Parliament. Ireland. EXP. CAP. XXXIII. An Act for the speedy and effectual reducing of the Rebels in Ireland. EXP. CAP. XXXIV. Certain Clauses explaining another Act for the reducing the Rebels in Ireland. EXP. CAP. XXXV. Corporations and Bodies Politic enabled to partake of the benefit of an Act for reducing the Rebels in Ireland. EXP. CAP. XXXVI. A Subsidy granted to the King of Tonnage, Poundage, and other sums of Money, Tonnage, Poundage. payable upon Merchandise exported, and imported from the 14th of March 1641. to the third of May next ensuing. EXP. CAP. XXXVII. For the further advancement of an effectual and speedy Reduction of the Rebels in Ireland. EXP. Anno Regni Caroli II. Regis Angliae, Scotiae, Franciae, & Hiberniae, Duodecimo. AT the Parliament begun at Westminster the Five and twentieth day of April, Anno Dom. 1660. In the Twelfth Year of the Reign of Our most Gracious Sovereign Lord, CHARLES the Second, by the Grace of God, of England, Scotland, France, and Ireland, King, Defender of the Faith, etc. And there continued until the Nine and twentieth day of December than next following, and then Dissolved by his Majesty; To the high pleasure of Almighty God, and to the weal public of this Realm, were Enacted as followeth: CAP. I. The Assembling and Sitting of this present Parliament. St. 17 Car. 1. cap. 7. St. 13 Car. 2. cap. 1. The Parliament begun 3 Nou. 16 Car. declared to be dissolved. St. 13 Car. 2. cap. 1 The Lords and Commons now sitting declared to be the two Houses of Parliament. FOr the preventing all Doubts and Scruples concerning the Assembling, Sitting, and Proceeding of this present Parliament; Be it Declared and Enacted, and it is Declared and Enacted by the King our Sovereign Lord, and by the Lords and Commons in Parliament assembled, and by Authority of the same, That the Parliament begun and holden at Westminster, the third day of November, in the Sixtéenth year of the Reign of the late King CHARLES of blessed Memory, is fully Dissolved and Determined; And that the Lords and Commons now sitting at Westminster, in this present Parliament, are the Two Houses of Parliament, and so shall be, and are hereby Declared, Enacted, and Adjudged to be to all Intents, Constructions, and purposes whatsoever, notwithstanding any want of the King's Majesties Writ or Writs of Summons, or any Defect or Alteration of, or in any Writ or Writs of Summons, or any other Defect or Default whatsoever; as if this Parliament had been Summoned by Writ or Writs in his Majesty's Name, according to the usual Form, and as if His Majesty had been present in person at the Assembling and Commencement of this present Parliament: Provided always, That this Parliament may be dissolved by his Majesty after the usual manner, as if the same had been summoned by Writ or Writs in his Majesty's Name: The King's assent to this Act shall not determine this Session. Provided also, and it is hereby Enacted, That His Majesty's Royal Assent to this Bill shall not determine this present Session of Parliament. CAP. II. An Act for putting in Execution an Ordinance mentioned in the said Act, for an Assessment of 70000 l. per mensem, for three Months. EXP. CAP. III. Process and Judicial Proceed Continued. WHereas the four first Returns of Easter Term, in the year One thousand six hundred sixty, of late called, from Easter day in fifteen days, from Easter day in three weeks, from Easter day in one Month, and from Easter day in five weeks, or any of them, cannot be conveniently kept or holden: Now for avoiding all manner of discontinuances whatsoever, which by occasion thereof should or might happen, or be in any Matter or cause whatsoever, Process, Writs, etc. shall not be discontinued for not holding certain days of Return. in any the Courts at Westminster: Be it Enacted by the Kings most Excellent Majesty, and the Lords and Commons Assembled in Parliament, That no Pleas, Writs, Bills, Actions, Suits, Plaints, Process, Precepts, or other thing or things whatsoever, Pleaded, Returned, or Depending, or having day or days in any of the said Courts, in or at the said several Returns or any of them, or at any other day or days certain after any of the said Returns, shall be in any wise discontinued, or put without day, for or by reason of the not keeping or holding of the said Returns, or days, or any of them; but that all and singular the said Pleas, Writs, Bills, Actions, Suits, Plaints, Process, Precepts, and other the Premises aforesaid, shall stand, continue, and be good and effectual in Law, to all Intents and Purposes, as if the said Returns and days, and every of them, had been actually kept and holden in all and every the said Courts; Any Law, Statute, Custom, or Usage to the contrary thereof in any wise notwithstanding. The said Writs, Process, Pleas, etc. returnable & pleadable at a certain day. And be it further Enacted by the Authority aforesaid, That all Pleas, Writs, Bills, Actions, Suits, Plaints, Process, Precepts, and other thing or things whatsoever aforesaid, pleadable, or to be pleaded, Returnable, or to be Returned, or having day in any manner whatsoever at any of the said Returns, or any day or days certain after any of the said Returns, Be and are hereby continued and adjourned, unto, (and shall and may be Pleaded, Returned, Herd, and Determined in the respective Courts aforesaid) at, or on the fifth Return of the said Term, of late called, In the morrow of the Ascension of our Lord; And that all parties in any Pleas, Writs, Bills, Actions, Suits, Plaints, Process, or other thing or things whatsoever, having days given them at any of the said four first Returns, or at any other day or days certain, after any of the said Returns in the said Courts, or any of them, by virtue of this present Act, have the said Return of late called, In the morrow of the Ascension of our Lord, prefixed them therein; And that all Sheriffs, Officers, and other Ministers whatsoever, and every of them respectively, keep in their hands all Writs, Bills, Process, and Precepts, and all other things whatsoever in them directed respectively Returnable, or to be Returned in the several Courts aforesaid, at the said four first Returns, or any of them, in or at any day certain, as aforesaid, until the said fifth Return, of late called, The morrow of the Ascension of our Lord, and then Return the same into the said several Courts respectively, That such proceed may be then had thereupon, as should have been had, in case the said four first Returns had been kept and holden. And be it further Enacted by the Authority aforesaid, That no Writs, Process, Plaints, Process, Writs, Pleas, etc. under certain titles and names, may be prosecuted and proceeded upon. Pleas, Informations, Indictments, or judicial proceed, had, Commenced, or prosecuted before the fifth day of May, in the said year of our Lord one thousand six hundred sixty, in the Name, Style, Title, or Test of Custodes Libertatis Angliae Authoritate Parliamenti; or, in the Name, Style, Title, or Test of The Keepers of the Liberty of England by Authority of Parliament; or in the Name, Style, Title, or Test of Oliver Lord Protector of the Commonwealth of England, Scotland, and Ireland, and the Dominions thereunto belonging; or in the Name, Style, Title, or Test of Oliver Lord Protector of the Commonwealth of England, Scotland, and Ireland, and the Dominions and Territories thereunto belonging; or in the Name, Style, Title, or Test of Richard Lord Protector of the Commonwealth of England, Scotland, and Ireland, and the Dominions and Territories thereunto belonging, shall be put without day abated, quashed, or discontinued by his Majesty's most just reassumption of the actual Exercise of his Kingly Government in this Kingdom; nor shall the same be cause of Error, Abatement, or Discontinuance, but that all such Writs, Process, Plaints, Pleas, Informations, Indictments, and judicial Proceed, and all Commissions for taking of Answers, or Examination of Witnesses, Commission for taking of Fines, and Warrants of Attorney, Guardians, or Prochein-Amy, shall stand and be continued, and shall and may be proceeded upon, prosecuted, and returned, notwithstanding the same were commenced or prosecuted in English, and notwithstanding the present happy Change and Restitution of his Majesty's Name and Style in judicial Proceed. And be it further Enacted by the authority aforesaid, Process and proceed in English in Courts of justice to continue. EXP. That one pretended Act made in the year of our Lord, 1650. entitled, An Act for turning the Books of the Law, and all Process and Proceed in Courts of Justice, into English, shall stand and be in force, as if the same had been a good and effectual Act, from the first Return of Easter Term, in the year of our Lord 1651. until the first day of August, in the year of our Lord, 1660. and no longer. And whereas by one other pretended Act, made in the said year of our Lord, 1650. entitled, An Act touching Corn and Meal, It was Enacted, or mentioned to be Enacted, That from and after the twentieth day of November, 1650. It should and might be lawful to and for any person or persons, Defendant or Tenant, for or by reason of any matter to be pleaded, set forth, or alleged in Bar to any Action Real, Personal, or mixed, in any Court of Record, to plead the General Issue of Not Guilty, or the like General Issue proper to the Nature of the Action or Suit commenced; and for his or their Discharge or Acquitting to give any such matter in evidence to the jury that shall try the same; and that the said matter shall be as available to such person or persons, Defendant or Tenant, to all intents and purposes, as if the said matter had been specially pleaded, set forth, or alleged in Bar of such action. Be it further Enacted, That the said pretended Act, Pleading the General Issue. as touching the pleading of the General Issue, shall by authority hereof, stand and be in full force and effect according to the Tenor thereof, until the said first day of August, as if the same had been a good and effectual Act of Parliament, EXP. and no longer. Provided always, That where the General Issue hath been since the said twentieth day of November, 1660. pleaded, or shall before the said first day of August in the said year of our Lord 1660. be pleaded in any action, That then upon the Trial of the said Cause, such Evidence shall and may be allowed, as if the said pretended Act touching the pleading of the General Issue had been and continued a good and effectual Act of Parliament not determined or discontinued. Provided also, That his Majesty's Royal assent to the passing of this Bill, shall not extend, His Majesty's Assent to this Bill doth not determine the Session. All Writs, Patents. Commissions etc. to issue in the King's name as formerly. or be construed to extend to the determining of the Session of this present Parliament. Provided nevertheless, and be it Enacted, That all Writs, Patents, and Commissions for Constituting justices of either Bench, and Barons of the Exchequer, Commissions of Oyer and Terminer, and Gaol-Delivery, and Precepts upon Commissions of Oyer and Terminer, and Gaol-Delivery, and all other Commissions hereafter to be made by the Clerk of the Crown in the Chancery, Charters, and Letters Patents under the Great Seal, of Lands, Liberties, Honours, or Offices, do or may issue in the King's Majesty's Name, in the same manner as was usual before the making of the said first recited pretended Act, any thing in this present Act to the contrary thereof before expressed, in any wise notwithstanding. St. 13. Car. 2. cap. 12. CAP. IU. A Subsidy granted to the King of Tonnage and Poundage, and other some of Money payable upon Merchandise Exported and Imported. The Causes and Trusts upon granting the Subsidies of Tonnage and Poundage. THe Commons assembled in Parliament, reposing Trust and Confidence in Your Majesty, in, and for the Guarding and Defending of the Seas, against all persons, intending, or that shall intent the disturbance of Your said Commons, in the intercourse of Trade, and the invading of this Your Realm, For the better defraying the necessary Expenses thereof, which cannot otherwise be effected without great charge to Your Majesty, Do, by and with the advice and consent of the Lords in this Your present Parliament assembled, and by the authority of the same, Defending the Seas. to the intent aforesaid, Give, and Grant unto You our Supreme Liege Lord and Sovereign, A Subsidy of Tonnage granted to the King. one subsidy, called Tonnage, That is to say, Of every Tun of Wine of the growth of France, or of any the Dominions of the French King, or Crown of France, that shall come into the Port of London, and the Members thereof, by way of Merchandise, by your Natural born Subjects, the sum of Four Pounds and ten shillings of currant English Money, and so after that Rate; and by Strangers and Aliens Six pounds of like money; And of every Tun of the like Wine, which shall be brought into all, and every the other Ports and places of this Kingdom, and the Dominions thereof, by way of Merchandise, by Your Natural Born Subjects, the sum of Three pounds, and by Aliens Four pounds and ten shillings, And of every Butt or Pipe of Muscadels, Malmseys, Cutes, Tents, Allicants, Bastards, Sacks, Canaries, Malligoes, Maderoes, and other Wines whatsoever, commonly called Sweet Wines, of the growth of the Levant, Spain, Portugal, or any of them, or of any the Islands or Dominions to them, or any of them belonging, or elsewhere, that shall come, or be brought into the Port of London by your Natural born Subjects, the sum of Forty five shillings of currant English money, and so after that Rate, And by Strangers and Aliens Three pounds of like money: And of every Butt and Pipe of the like Wine, which shall come, or be brought into all, every, or any the other Ports and Places of this Kingdom, and Dominions thereof, by way of Merchandise, by Your Natural Born Subjects, the sum of Thirty shillings, and by Strangers Forty five shillings. And of every Awm of Rhenish Wine, or Wine of the growth of Germany, that shall be brought into this your Realm, and the Dominions thereof, by your Natural Born Subjects, The sum of twenty shillings, of currant English money, and strangers and Aliens Twenty and five shillings, which several Rates are the same which are expressed in a certain Book of Rates herein after mentioned and referred unto. And also one other Subsidy called Poundage, That is to say of all manner of Goods and Merchandise of every Merchant, A subsidy of poundage. Natural Born Subject, Denizen, and Alien, to be carried out of this Realm, or any your Majesty's Dominions to the same belonging, or to be brought into the same by way of Merchandise, of the value of every twenty shillings of the same Goods and Merchandizes, according to the several and particular Rates and values of the same goods and Merchandizes, as the same are particularly and respectively Rated and Valued in the said Book of Rates herein after mentioned and referred unto, Twelve pence, and so after that Rate. And of every Twenty shillings value of any the Native Commodities of this Realm, or Manufactures, wrought of any such Native Commodities, to be carried out of this Realm, by every, or any Merchant Alien, according to the Value thereof in the said book expressed, Twelve pence over and above the Twelve pence aforesaid, Except and foreprized out of this Grant of Subsidy of Poundage, all manner of Woollen Clothes, made or wrought, or to be made or wrought within this Realm of England, commonly called Old Draperies, and all Wines before limited to pay subsidy of Tonnage, and all manner of Fish, English taken, and brought by English bottoms, into this Realm, and all manner of fresh Fish, and bestial, that shall come into this your Realm; and all other Goods and Merchandizes, which in the said book of rates are mentioned to be custome-frée. Exceptions out of the subsidy of poundage. And further, We your said Commons, by the advice, Assent and Authority aforesaid, do give and grant unto You, Our said Liege Lord and Sovereign, for the causes aforesaid, One other Subsidy, That is to say of and for every short woollen cloth to be exported by Your Natural Born Subjects of this your Realm, and the Dominions thereof, called broad Cloth, not exceeding twenty eight yards in length, and threescore and four pounds in weight, the sum of three shillings and four pence of Currant English money, and for every Cloth of short cloth of old Drapery of lesser length, and weight, accounting so many pieces to a short cloth, as limited and appointed thereunto by the said Book of Rates, to be likewise exported by your said natural born Subjects, the like sum of of three shillings four pence, and so after that rate, and by Strangers and Aliens six shillings and eight pence for every short cloth accounted as aforesaid; which several Rates are accordingly expressed in the said Book of Rates herein after mentioned and referred unto, A subsidy of strangers Aliens. To have, hold, take, enjoy, and perceive the Subsidies aforesaid, and every of them, and every part and parcel of them unto your Majesty, from the four and twentieth day of June inclusively, The said subsidies granted to the King during his life. in the Twelfth year of your Majesty's Reign, for and during your Majesty's life, which God long preserve. And be it further Enacted by the Authority aforesaid, That if any Wines, Goods, The penalty for not paying the subsidy. or other Merchandise, whereof the Subsidies aforesaid are or shall be due, shall at any time after be shipped or put into any Boat or Vessel, to the intent to be carried into the parts beyond Seas, or else be brought from the parts beyond the Seas into any Port, Place, or Créek of this Realm, or other your Majesty's Dominions, by way of Merchandise, and unshipped to be laid on Land, the Subsidy, Customs, and other duties due or to be due for the same not paid, or lawfully tendered to the Collector thereof, or his Deputy, with the consent and agreement of the controller and Surveyor there, or one of them at the least, nor agreed with for the same in the Customhouse, according to the true meaning of this Act, that then, from the said four and twentieth day of June, all the same Wines, Goods and Merchandizes whatsoever shall be forfeit to your Majesty, the one moiety of the rate thereof to your Majesty, and the other moiety to him or them that will seize the same, or sue for the same; And that it may please Your Majesty, Merchant's strangers shall be well entreated. That all Merchants, aswell Denizens, as Strangers, coming into this Your Realm, be well and honestly entreated and demeaned, for such things as Subsidy by this Act is granted, as they were in the time of Your Noble Progenitors and Predecessors, without oppression to them to be done, paying the Subsidies aforesaid. And, be it further Enacted by the authority aforesaid, That if any Goods or Merchandise, A Proviso for such whose goods be taken by Pirates or perished on the Sea. as aforesaid, of any Merchant being born Denizen after the said four and twentieth day of June, hath been, or at any time hereafter during Your Majesty's life, shall be taken by any Enemies or Pirates upon the Sea, or perished in any Ship or Ships, that shall happen to be taken or perished, during Your Majesty's Life, whereof the Subsidies and other Duties aforesaid, are, or shall be duly paid, or agreed for as aforesaid; and that duly proved before the Treasurer of England, Commissioners of the Treasury, or Chief Baron of the Exchequer for the time being, by the examination of the same Merchants, if they be alive, or of their Executors or Administrators, if they be dead, or by two credible Witnesses at the least sworn, or other reasonable Witness and proof sworn, than the same Merchant or Merchants, his, or their Executors or Administrators, shall or may newly ship, in the same Port where the goods and Merchandise aforesaid were, or shall be Customed, so much other Merchandise or Goods, as the same goods or Merchandise are, or shall be lost as aforesaid, shall amount unto in custom, without paying of any thing for the same, so as the same Proof be recorded and allowed of in the Court of Exchequer, The Customs of any goods shipped in Carracks or Galleys. and certified unto the Collectors of the Customs of the Port where the same Wares or Merchandizes are to be newly shipped without Custom, as aforesaid. And further, That every Merchant-Denizen who shall hereafter Ship any Goods or Merchandise in any Carack or Galley, shall pay to your Majesty all manner of Customs, and all the subsidies aforesaid, as any Alien born out of the Realm. Provided always, that it shall and may be lawful to all and every Your Subjects, Shipping of Herrings. at his and their will and pleasure, to convey and transport out of this Realm, in Ships and other Vessels of any the Subjects of this Realm, all and every kind of Herrings and other Sea fish, to be taken on the sea by any the Subjects aforesaid, from or out of any Port or Harbour of this Realm, to any place out of your Majesty's Dominions, without paying any Custom, Subsidy or Poundage-monies for the same Herrings, or other Fish so carried or transported during your Majesty's life, any thing herein before contained to the contrary notwithstanding. And because no rates can be Imposed upon Merchandise, No rates to be imposed on Merchandise without authority of Parliament. imported or exported by Subjects or Aliens, but by common consent in Parliament, Be it further Enacted and Declared, by the Authority aforesaid, that the Rates intended by this present Act, shall be the rates mentioned and expressed in one Book of Rates entitled, The Rates of Merchandise, That is to say, the Subsidy of Tonnage, the Subsidy of Poundage, and the Subsidy of Woollen , or old Draperies, as they are rated and agreed on by the Commons House of Parliament, A book of rates agreed by the Commons house of Parliament. set down and expressed in this Book, to be paid according to the Tenor of the Act of Tonnage and Poundage, from the four and twentieth day of June inclusively, in the twelfth year of his Majesty's Reign, during his Majesty's Life, and subscribed with the hand of Sir Harbottle Grimston Baronet, Speaker of the House of Commons; Which said Book of Rates composed and agreed on by Your Majesties said Commons, and also every Article, rule and clause therein contained, shall be and remain during Your Majesty's Life, as effectual to all intents and purposes, as if the same were included particularly in the Body of this present Act. And it is further Enacted, That during the continuance of this present Grant, The fees of the Custom Officers. where the Goods Exported or Imported, amount to the value of five pounds or more, the Customers and Collectors, and all other his Majesty's Officers in the several Ports, shall take and receive such Fees, and no other, as were taken in the Fourth year of the late King James, until such time as the said Fees shall be otherwise settled by Authority of Parliament. Provided always, That no Person or Persons, who after the Four and twentieth of June, A Proviso for such as paid before the 24. july 1660. in the year One thousand six hundred and sixty, and before the Four and twentieth of July in the same year, have paid, received, or collected any Duties, or Customs, according to the Rates used in April One thousand six hundred and sixty, shall be molested, or any way Impeached, for or concerning the payment or Receipt of the said duties, or any other duties by this Act Imposed. And it is hereby further Declared, That no person who hath shipped any Goods since the said four and twentieth of June, and before the said four and twentieth of July, shall be liable to the payment of any duties therefore, other than such as were used to be paid in the said month of April, One thousand six hundred and sixty. Goods which may be exported immediately after the passing this Act. Provided always, and be it Enacted by the Authority aforesaid, That it shall and may be lawful for any Person or Persons, immediately from and after the passing of this Act, to transport, ship, and carry out of this Kingdom, or out of any Port thereof, by way of Merchandise, any of these Commodities, Goods, and Merchandizes following; That is to say, Iron, Armour, Bandeléers, Bridle-Bitts, Halberd Heads and Sharps, Holsters, Muskets, Carbines, Fowling-Peices, Pistols, Pike-Heads, Sword or Rapier-Blades, Saddles, Snaffles, Styrropes, Calveskins dressed or undressed, Geldings, Oxen, Shéep-skins dressed without the Wool, and all sorts of Manufactures made of Leather, paying the respective Rates appointed by this Act, and no other, any Law, Statutes, Prohibitions, and Customs to the contrary notwithstanding. Goods which may be exported being at certain p●●ses. And be it further Enacted by the Authority aforesaid, That it shall and may be lawful, immediately after the passing of this Act, for any person or persons to ship, carry out, and transport by way of Merchandise, these several sorts of Goods following, that is to say, Gunpowder, when the same doth not exceed the price of five pounds the Barrel. And Wheat, Rye, Pease, Beans, Barley, Malt and Oats, Béef, Pork, Bacon, Butter, Cheese, Candles, when the same do not exceed in price at the Ports from whence they are Laden, and at the time of their Lading, these prizes following: That is to say, Wheat the Quarter, Forty shillings; Rye, Beans and Pease, the Quarter, Twenty four shillings; Barley and Malt, the Quarter, twenty shillings; Oats the Quarter, Sixtéen shillings; Béef the Barrel, Five pounds; Pork the Barrel, Six pounds ten shillings; Bacon the pound, Six pence; Butter the Barrel, Four pounds ten shillings; Cheese, the Hundred, One pound ten shillings; Candles, the dozen pound, Five shillings, paying the respective Rates appointed by this Act, and no more: Any former Law, Statute, Prohibition or Custom to the contrary in any wise notwithstanding. His Majesty by Proclamation may prohibit transporting Gunpowder, Arms, and Ammunition out of England. 1. Stat. 17. Car. 1. cap. 21. An additional Subsidy upon Wines over and above the forementioned rates. Security to be given by the Importer. The said Subsidy to be repaid upon exportation. Provided always, That it shall be free and lawful for his Majesty, at any time when he shall see cause so to do, and for such time as shall be therein expressed by Proclamation, to prohibit the Transporting of Gunpowder, or any sort of Arms or Ammunition, into any parts out of this Kingdom: Any thing in this Act contained to the contrary notwithstanding. And be it further Enacted by the Authority aforesaid, That over and above the Rates herein before mentioned, there shall be paid unto your Majesty of every Tun of Wine of the Growth of France, Germany, Portugal, or Madera, brought into the Port of London, or elsewhere, the sum of three pounds of currant English money, within the space of Nine months after the Importing: And of every Tun of all other Wines brought in as aforesaid, the sum of Four pounds of like currant Money, within the space of Nine months after the Importing thereof: For the payment of which duties accordingly, the Importer shall give good Security: And if any of the said Wines for which the additional Duty in this clause mentioned, is paid, or secured at the Importation, be Exported within twelve months after their Importation, than the foresaid additional Duty in this clause mentioned shall be returned, or the security discharged, as to so much as shall be so Exported: And if at the Importation, the Importer shall pay for the same ready money, he shall be allowed after the Rate of Ten per Cent. for a year. All Wines discharged of Excise. And be it further Enacted, That from and after the said Four and twentieth day of July, all manner of Wines whatsoever to be Imported in the Port of London, or elsewhere, shall be freed and discharged, of and from the Imposition of Excise. Prisage wines not to pay any custom or subsidy. Provided, and it is hereby Declared and Enacted, That the prisage of Wines, or prise-Wines, ought not to pay Tonnage nor Custom, and shall not be charged with the payment of any Custom, Subsidy, or sum of money Imposed upon Wines by this Act, or any thing therein contained. Stat. 13 Car. 2. cap. 7. CAP. V. For continuing the Excise until the Twentieth of August, 1660. EXP. Stat. 13 Car. 2. cap. 7. CAP. VI For the present Nominating of Commissioners of Sewers, His Majesty not yet having constituted any Treasurer of England, or Chief Justice of either Bench, according to the Stat. of 20 H. 8. EXP. and the said Statute of H. 8. to continue in force. CAP. VII. Marquess of Ormond. An Act for restoring unto James Marquis of Ormond, All his Honours, Manors, Lands and Tenements in Ireland, whereof he was in possession on the Three and twentieth day of October, One thousand six hundred forty and one, or at any time since. PR. CAP. VIII. For continuing the Excise till the Five and twentieth Day of December, One thousand six hundred and sixty. EXP. Stat. 13 Car. 2. cap. 7. CAP. IX. For the speedy Provision of Money, for Disbanding and Paying off the Forces of this Kingdom both by Land and Sea: by a contribution of all persons according to their several Ranks and Degrees. EXP. CAP. X. Explanations of certain defaults 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. CAP. XI. The King's Majesties most gracious, Free and General Pardon, Indemnity, and Oblivion. THe King's most Excellent Majesty taking into His Gracious and Serious consideration the long and great Troubles, Discords and Wars, The Causes and Ends of this Pardon and Indemnity. that have for many years passed been in this Kingdom, and that divers of His Subjects are by occasion thereof, and otherwise, fallen into and be obnoxious to great pains and penalties: Out of a hearty and pious Desire to put an end to all Suits and Controversies, that by occasion of the late Distractions have arisen or may arise between all His Subjects; The General Pardon. And to the intent that no Crime whatsoever committed against His Majesty or His Royal Father, shall hereafter rise in judgement, or be brought in Question against any of them to the least endamagement of them, either in their Lives, Liberties, Estates, or to the prejudice of their Reputations, by any Reproach or Term of Distinction; And to bury all Seeds of future Discords and remembrance of the former, as well in his own Breast as in the Breasts of His Subjects one towards another: And in performance of His Royal and Gracious Word signified by His Letters to the several Houses of Parliament now assembled, and His Declarations in that behalf published, Is pleased that it may be Enacted, And be it Enacted by the Kings most Excellent Majesty, with the advice and consent of the Lords and Commons in this present Parliament assembled, First, That all and all manner of Treasons, Misprisions of Treason, Murders, Felonies, Offences, Crimes, Contempts and Misdemeanours, Counselled, Commanded, Acted or done since the first day of January, in the year of Our Lord, One thousand six hundred thirty seven, by any person or persons before the Twenty fourth day of June, in the year of Our Lord, One thousand six hundred and sixty, other than the persons hereafter by name excepted, in such manner as they are hereafter excepted, by virtue or colour of any command, power, Authority, Commission, or Warrant or Instructions from his late Majesty, King Charles, or His Majesty that now is, or from any other person or persons, deriving or pretending to derive authority, mediately or immediately, from both or either of their Majesties, or by virtue or colour of any Authority derived mediately or immediately of or from both Houses, or either House of Parliament, or of or from any Convention, or Assembly, called or reputed, or taking the Name of the Keepers of the Liberty of England, by Authority of Parliament, Or by virtue or colour of any Writ, Commission, Letters Patents, Instruction or Instructions of or from any person or persons, Tituled, reputed, or taken to be Lord Protector of the Commonwealth of England, Scotland, and Ireland, and the Dominions thereunto belonging, or Lord Protector of the Commonwealth of England, Scotland, and Ireland, and the Dominions and Territories thereto belonging; or assuming the authority, or reputed to be chief Magistrate of the Commonwealth, or Commander in chief of the Forces or Armies of this Nation, by Sea or Land, or by any pretence, Warrant, or Command whatsoever, from them or any of them, or their or either of their respective Councils or Council, or any Member of such Council or Councils, or from any person or persons whatsoever, deriving or pretending to derive Authority from them, or any of them, be pardoned, Released, Indemnified, discharged, and put in utter Oblivion. And that all and every the person and persons, Acting, Advising, Assisting, Abetting, and Counselling the same, they, their Heirs, Executors, and Administrators, (except as before is excepted) be and are hereby pardoned, Released, Acquitted, Indemnified, and discharged from the same: And of and from all pains of Death, and other Pains, judgements, Indictments, Convictions, Attainders, Outlawries, Penalties, Escheats and Forfeitures, therefore had or given, or that might accrue for the same: And that all such judgements, Indictments, Convictions, Attainders, Outlawries, Penalties, Escheats and Forfeitures, and every of them, and all Grants thereupon made, and all Estates derived under the same, be and are hereby Declared and Enacted to be from henceforth Null and void: And that all mean profits not yet received by such Grantées, shall be, and are hereby discharged: And that all and every person and persons, Bodies Politic and Corporate, their and every of their Heirs, Executors, Administrators and Successors, shall be, and are hereby restored to all and every their Lands, Tenements and Hereditaments, Goods, Chattels, and other things forfeited, which to His Majesty do or shall appertain by reason of any offence herein before mentioned, and not hereafter in this present Act Excepted and Foreprised. All Appeals, personal Actions and Suits pardoned. And be it further Enacted, That all Appeals, and all personal Actions, Suits, Molestations and Prosecutions whatsoever, for or by reason of any Act of Hostility, Trespass, Assault, Imprisonment or breach of the Peace, Advised, Counselled, commanded, Appointed, Happened, Acted or done by reason of the late troubles, or the late Wars, in his Majesty's Dominions, or relating thereunto, and judgements and Executions thereupon had before the first day of May, in the Year of our Lord, One thousand six hundred fifty eight, stand and be from henceforth discharged; But not to restore to any Person or Persons any sums of money, mean Profits, or Goods already received or taken upon such Execution, or to give any account for the same. And be it likewise Enacted, That all Appeals and all personal Actions and causes of such Actions, Suits, Molestations and Prosecutions whatsoever, for or by reason of any Act or thing advised, counselled, commanded, Acted or done by virtue or colour of any Authority or Commission granted by His late Majesty, or his Majesty that now is, or by virtue or colour of any Order or Ordinance of one or both Houses of Parliament sitting at Westminster; Or by any Act or order made by any Persons assuming the name of a Parliament, and sitting as a Parliament at Westminster, after the death of the late King CHARLES the First; Or by the Authority of the said keepers of the Liberties of England; Or by any Ordinance by either of the late Protectors and Council; Or by or upon any Commission, Writ, Process, or Warrant, by them or any of them, or by Authority derived from them or any of them: And all demands of Arrearages of Rents and mean Profits of Lands, Tenements, or Hereditaments heretofore incurred or grown due, which have been paid, received or disposed by virtue or colour of any the Authorities or pretended Authorities aforesaid, other than such Arrearages or mean profits as are or shall be otherwise disposed by any Act. or Acts of this present Session of Parliament, be from henceforth discharged. And it is further by the Authority aforesaid Enacted in the second place, That all and every the Subjects of these His Majesty's Realms, of England and Ireland, the Dominion of Wales, the Isles of Jersey and Garnsey, and the Town of Berwick upon Tweed, and other His Majesty's Dominions, the Heirs, Executors, and Administrators of them, and every of them, and all and singular Bodies in any manner of wise corporated, Cities, Burroughs, Shires, Ridings, Hundreds, Laths, Rapes, Wapentakes, Towns, Villages, Hamlets and tithings, and every of them, and the Successor and Successors of every of them, shall be and are by the authority of this present Parliament Acquitted, Pardoned, Released, Indemnified and Discharged against the King's Majesty, his Heirs and Successors, and every of them, of and from all manner of Treasons, Misprisions of Treason, Felonies, Offences, Contempts, Trespasses, Entries, Wrongs, Deceits, Misdemeanours, Forfeitures, penalties and sums of Money, Intrusions, Mean profits, Wardships, Marriages, Reliefs, Liveries, Ouster le mains, Mean Rates, Respites of Homage, Fines and Seizures for Alienation without Licence, Arrearages of Rents, (other than the Arrearages of Rents due from the late Farmers, or pretended Farmers of of the Excise or Customs respectively, other than such Arrearages of Rents, or Mean profits, as are or shall be otherwise disposed by any Act or Acts of this present Parliament) and of and from all Arrearages of Tenths and First-Fruits, Fines, post-fines, Issues, and Amerciaments, and all Recognizances, Bonds, or other Securities given for payment of them, or any of them, concealments of Customs and Excise, Arrearages of purveyance and of compositions for the same, and of and from all pains of Death, pains corporal and pecuniary, and generally of and from all other Things, Causes, Quarrels, Suits, judgements and Executions, in this present Act hereafter not Excepted nor Foreprized, which may be or can be by his Majesty in any wise, or by any means pardoned, before and unto the twenty fourth day of June, in the year of our Lord, One thousand six hundred and sixty, to every or any of his said Subjects, Wardships and Mean Profits unreceived. Bodies Corporate, Cities, Burroughs, Shires, Ridings, Hundreds Laths, Rapes, Wapentakes, Towns, Villages, and Tithings, or any of them. And be it further Enacted by the Authority aforesaid, That all Grants and Patents since the twenty fifth of March, One thousand six hundred forty one, touching the Wardship and Custody of the Body and Lands, or touching the marriage of any Heir within age, and all mean profits yet unreceived, All things not excepted shall be by the general words of this Act as well as it particularly named. and demandable by reason thereof, shall be, and are hereby from henceforth Discharged. And also the King's Majesty is contented, That it be further Enacted by Authority of this present Parliament, and be it Enacted by the Authority aforesaid, That this His said Free Pardon, Indemnity and Oblivion, shall be as good and effectual in the Law to every of his said Subjects, Bodies Corporate, and others before rehearsed, in, for, and against all things which be not hereafter in this present Act Excepted and Foreprized, as the same Pardon, Indemnity, and Oblivion, should have been, if all Offices, Contempt, Forfeitures, Causes, Matters, Suits, Quarrels, judgements, Executions, Penalties, and all other things, not hereafter in this present Act Excepted and Foreprized, had been particularly, singularly, especially and plainly named, rehearsed, and specified, and also pardoned by proper and express Words and Names, in their Kind's, Natures and Qualities, by Words and Terms thereunto requisite to have been put in and expressed in this present Act of Free Pardon, Indemnity and Oblivion: And that his said Subjects, nor any of them, nor the Heirs, Executors or Administrators of any of them, nor the said Bodies Corporate, and others before named and rehearsed, nor any of them, be, nor shall be Sued, Vexed or Inquieted, by, or on the behalf of the King's Majesty, his Heirs or Successors, in their Bodies, Goods, Chattels, Lands or Tenements, for any manner of Matter, Cause, Contempt, Misdemeanour, Forfeiture, Trespass, Offence, or any other thing Suffered, Done or committed, before the said twenty fourth day of June, One thousand six hundred & sixty, against His late Majesty King Charles, or His Majesty that now is, His Crown, Dignity, Prerogative, Laws or Statutes, but only for such Matters, Causes and Offences, as be Excepted and Foreprized by this present Act out of the same, any Statute or Statutes, Laws, Customs or Usages heretofore had, made or used, to the contrary in any wise notwithstanding; And that all and every the Kings said Subjects, and all and singular Bodies Corporate, and others before rehearsed, may by him or themselves, or by his or their Deputy or Deputies, or by his or their Attorney or Attorneys, according to the Laws of this Realm, plead and minister this present Act of Free Pardon, for his or their Discharge, of or for any thing that is by virtue of this present Act Pardoned, Discharged, Given or Granted, without any Fee, or other thing, paying to any person or persons for wriiing or entry of the judgements or other cause concerning such Plea, Writing, or Entry, but only sixtéen pence to be paid to the Officer or Clerk that shall enter such Plea, Matter or judgement for the Parties Discharge in that behalf, any Law, Statute, Usage or Custom to the contrary notwithstanding. And furthermore, the King's Majesty is contented and pleased, that it be Enacted, This Pardon, etc. to be expounded in all Courts most beneficial for the Subject. and be it Enacted by the authority aforesaid, That this His said Free Pardon, Indemntty and Oblivion, by the general Words, Clauses and Sentences, before rehearsed, shall be reputed, deemed, adjudged, expounded, allowed, and taken in all manner of Courts of his Highness, and elsewhere, beneficial and available to all and singular the said Subjects, Bodies Corporate, and others before rehearsed, and to every of them, in all things not in this present Act excepted or foreprized, without any ambiguity, question, or other delay whatsoever it shall be, to be made, pleaded, objected, or alleged by the King our Sovereign Lord, His Heirs or Successors, or by His or any of their general Attorney, or Attorneys, or by any person or persons for his Highness, or any of His Heirs or Successors. And furthermore, be it Enacted by the King our Sovereign Lord, The Penalty of any Officer, etc. that shall go about to disquiet or trouble any person pardoned by this Act. and the authority aforesaid, That if any Officer or Clerk of any of His Highness' Courts, commonly called the Chancery, Kings-Bench, and Common-pleas, or of his Exchequer, or any other Officer or Clerk of any other of His Highness Courts within this Realm, at any time of the passing of this present Act, make out, or write out any manner of Writs, Process, Summons, or other Precepts, whereby any of the said Subjects, or of the said Bodies Corporate, or others before rehearsed, or any of them, shall be in any wise arrested, attached, distrained, summoned, or otherwise vexed, inquieted, or grieved, in his or their Bodies, Lands, Tenements, Goods or Chattels, or in any of them, for, or because of any manner of thing pardoned or discharged by virtue of this Act of Free Pardon. Or if any Sheriff or Escheator, or any of their Deputy or Deputies, or any Bailiff, or other Officer whatsoever, by colour of his or their Office, or otherwise, after the passing of this present Act, do levy, receive, take, or withhold of or from any person or persons, any thing pardoned or discharged by this Act, That then every such person so offending, and thereof lawfully convicted or condemned by any sufficient testimony, witness, or proof, shall yield and pay for recompense thereof to the party so grieved or offended thereby, his or their triple damages, besides all costs of the Suit; and shall also forfeit and lose to the King's Majesty for every such default, ten pounds: And nevertheless all and singular such Writs, Process and Precepts so to be made for, or upon, any manner of thing pardoned or discharged by this present Act of Free Pardon, Indemnity and Oblivion, shall be utterly void and of none effect. Except and always foreprized out of this Free and General Pardon, Exceptions out of his Pardon. All Murder not comprised in the first. clause of this Pardon excepted. Piracy excepted. Buggery. Rapes and wilful taking away any Maid excepted. all Murders done or committed by any person or persons, other than such which are pardoned and discharged in the first clause of pardon above mentioned; And also excepted and always foreprized out of this General and Free Pardon, all and every the offences, of Piracy and Robbery upon the Seas, not done in relation to the Diffrences and Wars aforesaid, and every procuring or abetting of any such Offenders, and the comforting and receiving of them, or any of them, or any goods taken by way of such Piracy or Robbery upon the Seas as aforesaid: And also excepted the detestable and abominable Vice of Buggery committed with Mankind or Beast: And also excepted all Rapes and carnal Ravishments of Woman: And also excepted all Ravishments and wilful taking away, or marrying of any Maid, Widow or Damsel against her will, or without the assent or agreement of her Parents, or such as then had her in custody; and also all Offences of aiding, comforting, procuring and abetting of any such Ravishment, wilful taking, or Marrying, had, committed or done: And also excepted all Offences made Felony by a certain Act made and ordained, Entiuled, Double Marriages excepted. Witchcraft excepted. Accounts of certain Treasurers and Receivers. St. 13. Car. 2. cap. 3. An Act to restrain all persons from Marriage until their former Wives and former Husbands be dead: And also except all Offences of Invocations, Conjurations, Witchcrafts, Sorceries, Enchantments, and Charms; and all Offences of procuring, abetting, or comforting of the same; and all persons now attainted or convicted of any of the said excepted Offences: And also excepted all and singular the accounts of all and every person and persons appointed by any of the Authorities, or pretended Authorities aforesaid, to be Treasurer, Receiver, Fermor or Collector, (other than the subcollectors of the several Parishes, Towns, and Hamlets respectively, for and concerning their Receipts before the four and twentieth day of june, in the year of our Lord one thousand six hundred fifty nine) who have received or collected any Subsidy, Custom, Subsidy of Tonnage and Poundage, prize-good, Assessments, Sequestration, New Impost, or Excise, or of any the Rents and Revenues of any Lands or Hereditaments, of or belonging unto the late King, Queen, or Prince, or King that now is, or belonging unto the late Archbishoprics, Bishoprics, Deans: or Deans and Chapters, Canons, prebend's, and other Officers belonging to any Cathedral or Collegiate Church, or Popish Recusants convict, or of persons Sequestered for their Recusancy, or other Sequestered Estates received or collected by, or paid unto them since the thirtieth of January, in the year of our Lord One thousand six hundred forty two; and of all moneys and other Duties grown due or contracted upon the Sale or Disposition of them, or any of them. Proviso for the Heirs and Lands of Accomptants excepted. Provided, That the Heirs, Executors, Administrators, or Ter-tenants of the Lands of any Accountant within this Exception now deceased, shall not be charged with, nor liable unto any account for the matters in this Exception mentioned: Except for such sum or sums of Money as remain due upon any of their accounts already Stated, and Determined, and are not yet paid in, and that no Accountant as abovesaid, now living, shall be liable to make account of any sum or sums of Money, paid or disbursed, or otherwise allowed or discharged, by virtue or colour of any Order, or Ordinance, of both or either House or Houses of Parliament, or any Convention, or Assembly called, or Reputed, or taking on them the name of a Parliament, or of Oliver Cromwell, pretended Protector, or of Richard his Son, while he continued, or was styled, or obeyed as Protector, or by any persons acting as a Committée, appointed by the said two Houses, or either of them, or by any such Convention, or Assembly, or any Order or Direction of such Committée or Committées, or any person or persons acting as a public Council, though having no legal authority so to do, or by their or any their Order or Orders, or Direction. Fees and Salaries, etc. not to be accounted for. It being further Declared and Enacted, And it is Enacted by the Authority aforesaid, That no person or persons shall be charged for any Moneys by him received for the Fees, Salaries, and Wages then allowed, or for Moneys by him disbursed upon any public use, or pretence, though the Direction, or Authority whereby the same Money was issued, was not, or be not Legal and Warrantable in Law. Military payments not to be accounted for. And be it further provided, That no Military, or commissioned Officer of the Armies, or Navies, or Soldier, or Mariner, who before the twenty fifth of March one thousand six hundred fifty nine, hath received any Moneys for his own pay, or the pay of other Soldiers, or for any other Contingencies of the Soldiers, or Garrisons under his command, or by way of reward, shall be called to account therefore. No person to be called to an account after the 24 of june 1662. And that no person whatsoever shall be called to account for any the matters in this Exception mentioned, after the four and twentieth day of june, which shall be in the year of our Lord God one thousand six hundred sixty and two next ensuing; And that in case any person who stands accountable for any Moneys received since the first of january, one thousand six hundred forty two, and before the thirtieth of january, one thousand six hundred forty eight, have béen-robbed, or plundered by Soldiers, or others, of the Moneys in their hands, or any Notes or Books of Receipt, or Acquitances touching their payments or discharge, Then the Oath or Oaths of such party or parties of the same respectively, shall be a good discharge for so much of their account. And that the Oath of every Accountant in or between the years, one thousand six hundred forty two, and one thousand six hundred forty eight of what they have paid to any public use, by, or according to any public or pretended Order or Authority whatsoever, shall be a good discharge, as to so much of the account of such person or persons. And except all First-fruits and Tenths in the hands of any Receiver not having disbursed, Discharges and quietus est given in the Exchequer. Accounts of the Revenues of Churches in Wales. Bribery, Subornation, Forging Debentures, etc. Witnesses. as in the last Exception is expressed. Provided, That all and every judgement of Discharge, or Quietus est, had, or given at any time upon any account in the public Exchequer, since the year One thousand six hundred forty eight, be allowed, and shall not be avoided; except all accounts of the Revenues of Churches and Vicaridges in Wales, and the County of Monmouth, and all judgements of Discharge, or Quietus thereupon obtained; And also Excepted out of this Pardon all offences of Bribery, Perjuries, and the Subornation of Perjury, or Witnesses and Offences of Forging or Counterfeiting any Deeds, Debentures, Bills of public Faith, Escripts, Wills, or other Writings whatsoever, or of any Examinations or Testimonies of any Witness or Witnesses, tending to bring any person or persons in danger of his Life, Liberty, or Estate, and the giving the same in evidence, and the compelling or procuring of any such counterfeiting or forging to be had or made: Imbezeling and purloining the King's goods. And also excepted all offences in detaining, imbezeling, or purloining any the Goods, Money, Chattels, or jewels of the late King, Queen, or Prince, or any of the Children of the late King and Queen, other then Shipping, Stores, and Ammunitions of War, and other than such Goods and Chattels as have been sold or disposed of to any of the Servants or Creditors of his late Majesty, in or toward satisfaction of their debts or wages. Issues, fines, and amerciaments Received by Sheriffs. And also excepted out of this pardon, all Issues, Fines, and Amerciaments, Rents, and other public Duties being Levied, Received, or Collected by any Sheriff, under-sheriff, Bailiff, Minister, or other Officer, to, or for the use of the late King, the Parliament, or the said Keepers of the Liberty of England, or any other person styling himself Protector, or for his Majesty that now is, and not accounted for, and discharged. jesuites, Seminary, and Romish Priests excepted. And also excepted out of this Pardon, all and every offence and offences committed or done by any jesuit, Seminary, or Romish Priest whatsoever, contrary to the Tenor or effect of the Statute made in the Seven and twentieth year of the Reign of the late Queen Elizabeth, Entitled, An Act against Jesuits, Seminaries, Priests, and other disobedient persons, or of any part thereof, and all outlawries, proceed, judgements, and executions for the same offences, or any of them. Provided always, and be it Enacted by the authority aforesaid, Writs of Cap. Utlagat. may be di●●●ed against any person. That it shall and may be lawful, to, and for all and every Clerk and other Officer of the Courts at Westminster, to award and make Writs of Capias Utlagatum, at the suit of the party plaintiff, against such persons outlawed, as be pardoned by this Act, to the intent to compel the Defendant, or Defendants, to make answer to the plaintiff or plaintiffs, at whose suit, he or they were outlawed; And that every person so outlawed, The party outlawed may sue one a scire fac as against the Plaintiff. shall sue a Writ of Scire facias against the party or parties at whose Suit he or they were so outlawed, before this pardon in that behalf shall be allowed him or them so outlawed. Provided, and be it Enacted by the authority aforesaid; That this Act of general pardon shall not in any wise extend to pardon any Outlawries upon any Writ of Capias ad Satisfaciendum until such time as the party so outlawed shall satisfy, Persons outlawed upon capias ad satisfaciendum, etc. or otherwise agree with the party at whose suit the same person was so outlawed or condemned. And also excepted out of this pardon, all informations and other proceed depending, concerning any common Highways or Bridges, and all issues returned upon any process, concerning the same, since the Thirtieth day of January, Informations and proceed concerning highways, &c excepted. One thousand six hundred forty eight Except also all Recognizances, Obligations, and other securities given or entered into, Since the five and twentieth of March, One thousand six hundred and forty, by any Receiver, Réeve, Bailiff, Collector or other accountant in the Court of the public Exchequer, and their sureties and their acounts respectively. Provided always, and be it Enacted; that this Act, or any thing therein Contained, Obligation and recognizance not yet forfeited. shall not extend, or be construed to Pardon, or discharge any Recognizance, Obligation or Bond, which is not yet forfeited. And be it further Enacted by the Authority aforesaid. That all Acts of Hostility and Injuries, All acts of hostility, injuries, etc. between the King and his Parliament to be put in perpetual oblivion. whether between the late King and the Lords and Commons then in Parliament assembled, or between any of the People of this Nation, which did arise upon any Action, Attempt, Assistance, Counsel or Advice, having Relation unto, or falling out by reason of the troubles, or in the late Wars, or public differences between the late King and Parliament, or between His now Majesty, or any of Subjects, and which are not in this Act excepted; That the same and whatsoever hath ensued thereupon, whether trenching upon the Laws and Liberties of this Nation, or upon the Honour of His Majesty, or upon the Honour or Authority of the Parliament, or to the prejudice of any particular or private Person, shall in no time, from and after the four and twentieth day of June, in the year of our Lord one thousand six hundred and sixty, be called in question, whatsoever be the quality of the person, or of whatsoever kind or Degree, Civil or Criminal, the Injury is supposed to be; And that no mention be made thereof in time to come, in judgement, or in judicial proceed. And to the intent and purpose that all names and terms of Distinction may be likewise put into utter Oblivion, Be it further Enacted by the Authority aforesaid; The penalty upon any person that shall within 3. years use any words of reproach or disgrace tending to revive the memory of the late differences. That if any person or Persons, within the space of Three years next ensuing, shall presume maliciously to call or allege of or object against any other person or persons, any Name or Names, or other Words of Reproach, any way tending to revive the Memory of the late Differences, or the Occasions thereof; That then every such person, so as aforesaid Offending, shall forfeit and pay unto the party grieved, in case such party Offending shall be of the Degree of a Gentleman or above, Ten pounds; and if under that Degree, The sum of forty shillings; to be recovered by the party grieved, by Action of Debt, to be therefore brought in any of His Majesty's Courts of Record, wherein no Essoin, protection, or Wager of Law shall be allowed, or any more than one Imparlance, so as the same Action be commenced, or prosecuted within six Month's next after the Offence Committed: And if the jury sworn to try any Issue or Issues that shall be joined in such Action, shall find for the plaintiff, they shall likewise give to every such Plaintiff Forty shillings Damages, over and above the penalty aforesaid. Provided always, that this Act, or any thing therein contained, shall not Extend, Persons plotting or signing the Irish Rebellion excepted. or give any benefit unto any person or persons, who have had any hand in the Plotting, Contriving, or designing, the great and heinous Rebellion in Ireland mentioned in one Act passed in the Parliament, begun at Westminster the third day of November, in the sixtéenth year of King Charles, entitled, An Act for the speedy and effectual Reducing of the Rebels in His Majesty's Kingdom of Ireland, to their due obedience to His Majesty and Crown of England, Or in Aiding, Assisting, or Abetting the same: (Other then such as by another Act intended hereafter to be passed, shall be therein Named, mentioned, or Expressed to be pardoned,) nor to Enure to Restore to any person or persons, bodies politic or corporate, (other than the Marquis of Ormond Lord Steward of his Majesty's Household, and other the Protestants of Ireland,) and their Heirs, and such other person and persons, as in, and by an Act intended hereafter to be passed, shall be therein Named, Mentioned, or Expressed in that behalf, any Estate, Liberties, Franchises, or Hereditaments in England, or Ireland, sold, or disposed of by both, or either Houses of Parliament, or any Convention assuming the Style or Name of a Parliament, or any person or persons deriving authority from them, or any of them, or which was approved, or confirmed by them, or any of them; Nor to the Mean Profits, Rents, or Contingencies of advantage of the same. Every person pardoned may plead the general Issue. 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 been fully and well pleaded; And in such manner, as any justice 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 justification, upon the General Issue by them pleaded, by the Laws and Statutes of this Kingdom. Thefts and Felonies since the fourth of March 16●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, , or other Goods, which by a certain Act, or pretended Act lately made, entitled 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 july, one thousand six hundred fifty and nine, have been by any person or persons wrongfully received, or taken away, and for which the said Wrong-doers, are not in any wise Indemnified by the said, or any other Act of Repeal. Goods, etc. sequestered and actually paid in to any publicks Treasury. And be it further Enacted by the authority aforesaid, That no person or persons, who by virtue of any Order or Warrant, mediately or immediately derived from his late Majesty, or His Majesty that now is, or by virtue 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, sequestered, levied, advanced, or paid to any public use, or into any public Treasury within this Kingdom, any Goods, Chattels, Debts, Rents, sum or sums of money belonging to any person or persons whatsoever, shall 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 Majesty's supply to account. Provided also, That nothing herein contained shall extend to discharge any person or persons, who have been by private order or Instructions employed and entrusted, or have undertaken the employment to receive any sum or sums of money for the King's Majesty's Service or Supply, since the year one thousand six hundred forty and eight, from making their accounts for the same. Provided also, That this Act shall not extend to pardon or discharge from accounts to the King's 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 account of any Militia settled or acted in, since one thousand six hundred forty and eight, and not accounted 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 Majesty's 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 Majesty's Interest, in pursuance of the said Instructions, or directions, Wilfully, Maliciously, and Traitorously held Intelligence with any foreign Prince or Princes, Persons that have had Directions or Instruction from his Majesty and have betrayed their trust, or his Majesty's Counsels, excepted. State or States, or with any person or persons, usurping Supreme authority in this Kingdom, or other his Majesty's Dominions, or with their or either of their Ministers or Agents, and without his Majesty's licence, and to the intent to betray His Majesty's person or Counsels; 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 outlawed, 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 Merchandise, whereof any Entries have been 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 whaley 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 chaloner, 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 Peter, Francis Hacker, Daniel Axtel, nor any of them, nor of those two persons, or either of them, who being disguised by Frocks and Vizors did appear upon the Scaffold, erected before Whitehal upon the thirtieth of january, one thousand six hundred forty and eight: All which persons for their execrable Treason, in sentencing to death, or signing the Instrument for the horrid Murder, or being instrumental in taking away the precious Life of our late Sovereign Lord Charles the first of Glorious Memory, are left to be proceeded against as Traitors to His late Majesty, according to the Laws of England, and are out of this present Act wholly excepted and foreprized. But ingard the said Owen Row, Augustine Garland, Edmond Harvey, Henry Smith, Persons that appeared and rendered themselves. Henry Martin, Sir Hardress Waller, Robert Titchbourn, George Fleetwood, James Temple, Thomas Wait, Simon Meyn, William Heveningham, Isaac Penington, Peter Temple, Robert Lilburn, Gilbert Millington, Vincent Potter, Thomas Wogan, and John Downs, have personally appeared and rendered themselves (according to the Proclamation bearing Date the sixth day of june, one thousand six hundred and sixty, to Summon the persons therein named, who gave judgement and Assisted in the said Horrid and Detestable Murder of our said late Sovereign, to appear and render themselves) and do pretend thereby to some favour, upon some conceived doubtful Words in the said Proclamation; Be it Enacted by this present Parliament, and the Authority of the same (upon the humble desires of the Lord and Commons in Parliament assembled) That if the said Owen Row, Augustine Garland, Edmond Harvey, Henry Smith, Henry Martin, Sir Hardress Waller, Robert Titchburn, George Fleetwood, James Temple, Tho. Wait, Simon Meyn, William Heveningham, Isaac Penington, Peter Temple, Robert Lilburn, Gilbert Millington, Vincent Potter, Thomas Wogan, and John Downs or any of them, shall be legally Attainted for the Horrid Treason and Murder aforesaid; That then, nevertheless, the Execution of the said person and persons so Attainted shall be supended, until his Majesty by the Advice and Assent of the Lords and Commons in Parliament, shall order the Execution by Act of Parliament to be passed for that purpose. Except also out of this present Act Oliver Cromwell deceased, Henry Ireton deceased, John Bradshaw deceased, and Thomas Pride deceased. Provided, That nothing in this Act contained shall extend to discharge the Lands Tenements, The Lands and Goods of the persons rendering themselves not excepted. St. 13 Car. 2. ca 15. Goods, Chattels, Rights, Trusts, and other the Hereditaments late of the said O. Cromwell, Henry Ireton, John Bradshaw, and Thomas Pride, or of Isaac Ewer deceased, Sir John Danvers deceased, Sir Thomas Maleverer Baronet deceased, William Purefoy deceased, John Blackiston deceased, Sir William Constable Baronet deceased, Richard Dean deceased, Francis Allen deceased, Peregrin Pelham deceased, John Moor deceased, John Aldred, alias Alured deceased, Humphrey Edwards deceased, Sir Gregory Norton Baronet deceased, John Venn deceased, Thomas Andrews Alderman deceased, Anthony Stapely deceased, Thomas Horton deceased John Fry deceased, Thomas Hamond deceased, Sir John Bourchier deceased, of, and from such pains, penalties, and forfeitures, as by one other Act of Parliament intended to be hereafter passed for that purpose, shall be expressed and declared. And also excepted out of this present Act, William Lord Mounson, James chaloner, Persons excepted for other penalties, not extending to life. St. 13. Car. 2. ca 15. Sir Henry Mildmay, Sir James Harrington, John Phelps, and Robert Wallop; All which persons did Act and sit in that Traitorous Assembly, which in the month of january, one thousand six hundred forty eight, Acted and proceeded against the Life of our late Sovereign, King Charles the first of blessed Memory; and are therefore reserved to such pains, penalties and forfeitures, not extending to Life, as by another Act intended to be passed for that purpose, shall be imposed on them. And also except Sir Arthur Hesilrig, for and in respect only of such pains, penalties and forfeitures, not extending to Life, as by one Act intended to be hereafter passed for that purpose, shall be inflicted and imposed. Provided always, That John Hutchinson Esquire, and Francis Lassels, Persons made incapable of any Offices. shall be and are hereby made for ever incapable to Execute any Place or Office of Trust, Civil or Military, within this Kingdom; And that the said Francis Lassels shall pay unto our Sovereign Lord the King, one full years value of his Estate, Any thing herein before contained to the contrary notwithstanding. Provided always, That this Act, or any thing therein contained, Sir Henry Vane. john Lambert, excepted. shall not extend to the pardoning, or to give any other benefit whatsoever, unto Sir Henry Vane, John Lambert, or either of them, but that they and either of them, are and shall be out of this present Act wholly excepted and foreprized. Penalty of certain persons if they shall after the first of September 1660. accept any Office. Provided, That if William Lenthal, William Burton, Oliver Saint-John, John Ireton Alderman, Colonel William Sydenham, Colonel John Desborow, John Blackwel of Moreclake Christopher Pack Alderman, Richard Keeble, Charles Fleewood, John Pyne, Richard Dean, Major Richard Creed, Philip Nye Clerk, John Goodwin Clerk, Sir Gilbert Pickering, Colonel Thomas Lister, and Colonel Ralph Cobbet, shall after the first day of September, one thousand six hundred and sixty, accept, or exercise any Office, Ecclesiastical, Civil, or Military, or any other public employment within this Kingdom of England Dominion of Wales, or Town of Berwick upon Tweed, that then, such person or persons as do so accept, or execute as aforesaid, shall to all intents and purposes in Law, stand as if he or they had been totally excepted by name in this Act. Persons that gave Sentence upon any in the illegal High Courts of justice. Provided likewise, That all those who since the fifth of December, one thousand six hundred forty eight, did give sentence of death upon any person or persons, in any of the late Illegal and Tyrannical High Courts of justice in England or Wales, or Signed the Warrant for Execution of any person there Condemned (except Colonel Richard Ingolsby, and Colonel Matthew Thomlinson) shall be, and are hereby made incapable of bearing any Office Ecclesiastical, Civil, or Military, within the Kingdom of England, or Dominion of Wales, or of serving as a Member in any Parliament after the first day of September, one thousand six hundred and sixty. Provided also, and it is Enacted, That all and every the persons appointed Trustées, in a late pretended Act or Ordinance made in the year of our Lord, Persons entrusted by Ordinance 1649. about Tithes shall be accountable. one thousand six hundred forty nine, for, and concerning Tithes appropriate, Oblations, Obventions, Pensions, Portions of Tithes appropriate, Offerings, Fée-farm Rents issuing out of the Tithes therein mentioned, First-fruits and other things, and Enacted, or mentioned to be Enacted to be vested, settled, adjudged, or deemed to be in the actual sesin or possession of such person and persons in the said pretended Act or Ordinance mentioned, and their heirs, shall account for, and be responsible for all Rents and Profits of the premises which came to their hands, and have not been by the said Trustées or their Order disbursed, disposed, or employed 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 Premises, who have taken the premises or profits thereof into their hands, without agreement to pay Rend therefore, and have made no account or satisfaction to the Trusts aforesaid, or to some other by their Order, and also the persons who have held the same, or taken the profits thereof, under any agreement to pay Rend or Money for the same, and have not paid the same, shall respectively account, pay and make satisfaction for so much of the premises, and profits of the premises, as are unsatisfied or unaccounted for as aforesaid, and pay such Arrearages of Rents or Money, as by such agreement remaineth unpaid by them: all which payments and accounts 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 accountable or liable to make satisfaction for any Profits, Rents, or Sums of money paid to, or taken by them respectively, by virtue or colour of any Order or Appointment of the said Trustées, or any of them, or otherwise. Bonds taken in his Majesty's name before May 1642. for securities of any his Majesty's Receivers (not pardoned, etc.) Provided also, That this Act do not extend to pardon any Bond, taken in his late Majesty's 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 been 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 than next following Resolve, That the Estates of such persons, living or dead, as have by colour of any Patent received moneys from the Subject, under pretence of such Customs, or have been under-Sharers with the Patentées, aught to be made liable to restitution. Payments upon proportions of 150000 l. upon the customs. It is therefore Provided, That this Act shall not extend, nor be construed to extend to Pardon or indemnify 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 aught to have been contributory thereunto, from, or against misdemeanours or offences relating to the said Customs, 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 been 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 been 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, moneys due for free quarter. or discharging of any sum or sums of money due from any Officers, or Soldiers, 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 moneys borrowed by any Officers, for preventing of frée-quarter. Provided always, And be it Enacted by the Authority aforesaid, That no Conveyance, Purchasers bona fide of Lands, other than the Kings, etc. 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 Use or Uses of any Manors, Lands, Tenements or Hereditaments, not being the Lands nor Hereditaments of the late King, Queen, 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 virtue 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, judgement, or Recognizance, had, made, acknowledged, or suffered to any person or persons, Bodies Politic, 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 than the Wife or Wives, 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 Politic, 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 que use, Cestuy que trust, and every of them, their Heirs, Executors, Administrators and Assigns respectively, as if this Act had not been made, and as if the said person or persons had not been excepted, attainted or convicted, Any Law, Statute, Usage, or Custom to the contrary thereof in any wise notwithstanding. Provided always, That this Act, nor any thing therein contained, Fabrics Lands, Church Goods and Utensils. shall not extend to indemnify any person or persons whatsoever, who have entered into any Message, Lands, Tenements and Hereditaments, called Fabric Lands, or possessed themselves of any Rent or Revenues, given for the repair of any Cathedral or other Church, or who have Sacrilegiously enriched themselves by converting the Plate or Utensils, and Materials, of, or belonging to such Churches, to their own private use and advantage, for or in respect of the said Crimes only. Stat. 13 Car. 2. cap. 7. CAP. XII. Which Judicial Proceed shall be good and effectual in Law, and which not. BE it Enacted, and it is Enacted by His Majesty, and the Lords and Commons in Parliament assembled, and by the Authority of the same, That no Fines, nor final Concord's, Which Acts and Proceed shall not be avoided. Chirographs, nor Proclamations of Fines, nor any Recoveries, Verdicts, judgements, Statutes, Recognizances, nor Inrolments of any Deeds or Wills, or of any such Fines, Proclamations, Recoveries, Verdicts, judgements, Statutes, or Recognizances, nor any Exemplifications of them, nor any of them, nor any Inquisitions, Indictments, Presentments, Informations, Decrees, Sentences, Probates of Wills, nor Letters of Administration, nor any Writs or Actings on, or Returns of Writs, Orders, or other Proceed in Law or Equity, had, made, given, taken, or done, or depending in the Courts of Chancery, Kings-Bench, Upper Bench, Common-Pleas, and Court of Exchequer, and Courts of Exchequer-Chamber, or any of them sitting at Westminster, or in the Courts of the Great Sessions in Wales, the Courts of any Counties Palatine, or Duchy of Lancaster, or Town of Berwick upon Tweed, or in any other inferior Courts of Law or Equity; or by any the judges, Clerks, Officers, Sheriffs, Coroners or Ministers, or others, Acting in Obedience to them, or any of them, or by any the Courts of Admiralty, Delegates, justices of Assize, Nisi Prius, Oyer and Terminer, Gaol-Delivery, justices of the Peace, Commissioners of Sewers, Bankrupts, or Charitable Uses; nor any Actings, Process, Proceed, nor Executions thereupon had, made, given, done, or suffered, in the Kingdom of England, since the First of May, One thousand six hundred forty two, shall be avoided for want or defect of any Legal Power in the said Courts, judges, Commissioners, justices, or any of them; or for, or by reason that the Premises, or any of them, were commenced, prosecuted, had, made, held, or used in the Name, Style, or Title of the late King, or in the Name, Style, Title, or Test of Custodes Libertatis Angliae Authoritate Parliamenti; Or in the Name, Style, Title, or Test of The Keepers of the Liberty of England by Authority of Parliament; Or in the Name, Style, Title, or Test of Oliver Lord Protector of the Commonwealth of England, Scotland, and Ireland, and the Dominions thereunto belonging; Or of Oliver Lord Protector of the Commonwealth of England, Scotland, and Ireland, and the Dominions and Territories thereunto belonging; Or the Name, Style, Title or Test of Richard Lord Protector of the Commonwealth of England, Scotland, and Ireland, and the Dominions and Territories thereunto belonging; or for, or by reason of any alteration of the said Names, Styles, or Titles; Or for that the said Fines, Recoveries, Process, Plead, Proceed, and other things before mentioned; Or the Entry and Enrolment of them, or any of them, were in the Latin or English; But that all and every such Fines, Recoveries, and other things above mentioned, and the Actings, Do, and Proceed thereupon, shall be of such, and of no other Force, Effect, and Virtue, then as if such Courts, judges, justices, Commissioners, Officers and Ministers, had acted by virtue of a True, Just and Legal Authority, and as if the same, and the Entry and Enrolment thereof were in Latin, and as if the several Acts and Ordinances, or pretended Acts or Ordinances made by both or either Houses of Parliament, or any Convention assembled under the name of a Parliament, or by Oliver Cromwell late styled Protector of the Commonwealth of England, Scotland, and Ireland, and the Dominions thereto belonging, and his Council, Warranting or Directing such Proceed, had been Good, True, and Effectual Acts of Parliament. Fines Levied without Entry of Licentia concordandi. And whereas, since the death of the late King, several Fines have been Levied without any Entry, or due Entering of any sum paid pro licentia concordandi, commonly called the King's Silver, and without Entry, or due Entry of any sum given to the party for the Concord: And also whereas in the Term of St. Michael last passed, several Fines were Levied and Recorded in the Court of Common Pleas, before one judge only of the said Court: Be it Enacted, That the said Fines and Proclamations thereupon, and every of them, shall be good and effectual, notwithstanding the defects aforesaid. Fines and Recoveries of Lands in Com Palatin. Durham. And be it also further Enacted, That all Fines, Proclamations of Fines, Recoveries, and other judicial proceed in the Court of Common Pleas at Westminster, since the death of His late Majesty King Charles the First, Had, Levied, or Suffered, of any Lands lying in the County Palatine of Durham, shall be good and effectual, notwithstanding the said Lands were lying in the said County Palatine. The Illegal, Acts and Proceed of that High Court of justice not allowed. Provided, That this Act or any thing there in contained, shall not be Construed, Deemed, or Adjudged to make good, allow, confirm or countenance any the Proceed in the late Illegal and Unwarranted High Courts of justice, or so called, or any of them. And whereas since the first day of May in the year of our Lord, One thousand six hundred forty one, and before the Five and twentieth day of April, in the year of our Lord, One thousand six hundred and sixty, there were divers persons that Adhered to both Houses of Parliament, who, for, or in respect of such their adherence, were Indicted, Charged, or Impeached of Treason: And whereas since the said first Day of May, in the Year of our Lord, One thousand six Hundred Forty one, and before the said Five and twentieth day of April, in the Year of our Lord, One thousand six hundred and sixty, divers persons who adhered to His Majesty, or to the late King, were for such their adherence Charged, Impeached, or Indicted of High Treason: Indictments, etc. and all Grants thereupon made void. Be it further Provided and Enacted, That the said Charges, Impeachments, Indictments, and all Exigents, Outlawries, Convictions, and Attainders thereupon, and all Letters Patents and Grants thereupon made, of any Manors, Lands, Tenements, or Hereditaments, Escheated or Forfeited by reason of such Attainder, and all Title to any Measne Profits by reason of such Conviction, Outlawry, Attainder or Grant, be from henceforth repealed and discharged: And that all Escheats, Forfeitures and Confiscations by reason of such Outlawries, Conviction or Attainder, Be and are hereby restored unto such persons so Outlawed, Convicted or Attainted, their Heirs, Executors and Administrators respectively, as if no such Attainder had been. Sales made by Ordinance of Parliament. Provided Nevertheless, And be it Enacted, That this Act or any thing herein contained, shall not extend to avoid or confirm any Sales or Estates made by virtue or pretence of any Act, Order or Ordinance, or reputed Act, Order or Ordinance of Parliament, since the first day of May in the Year of our Lord, One thousand six hundred forty two, nor any Confirmation thereof made, or to be made thereof in this present Parliament, but that such sales stand and be in the same plight and condition as they should or might have done if this Act had not been made. Recognizances, Obligations, etc. in the names of the late Protector. And be it further Enacted by the Authority aforesaid, That all Recognizances, Obligations or other Securities, made or given to the Keepers of the Liberty of England by Authority of Parliament, or to Oliver Lord Protector of the Commonwealth of England, Scotland, and Ireland, and the Dominions thereunto belonging, or to Oliver Lord Protector of the Commonwealth of England, Scotland, and Ireland, and the Dominions and Territories thereunto belonging; Or to Richard Lord Protector of the Commonwealth of England, Scotland, and Ireland, and the Dominions and Territories thereunto belonging, and not pardoned, or discharged by any Act passed or to be passed this present Parliament, or otherwise, other than such Recognizances, Obligations and Securities as have been made and given (to any the pretended power or persons aforesaid, or to any deriving or pretending to derive Authority from them) by any person or persons, for or by reason of their adherence to His Majesty, or His said late Royal Father, or relating to, or arising only upon or in respect of the late Troubles; All which are hereby declared to be void, and to be delivered up to be Canceled, And all judgements, Extents, Inquisitions, Executions and Seizures had for the said Keepers or Protectors, or any of them, and not likewise pardoned or discharged, other then as aforesaid, shall and may be had and prosecuted in the name and to the use of his Majesty, his Heirs or Successors; and also excepting all Obligations, Bonds, or Recognizances entered into to the said Keepers or Protectors, or any of them, by any person or persons, by Order, or Direction of any Council of State, Committée of Safety, Major Generals, Decimators, or any Officer or other person under them, or any other Military power; all which Obligations, Bonds and Recognizances are hereby discharged and declared to be null and void, to all intents and purposes. Provided also, and be it Enacted, That this Act or any thing therein contained, justices, Sergeants, etc. Commissioners of Sewers. shall not extend to continue, after the Eighth day of May, in the year of our Lord, One thousand six hundred and sixty, any justice or justices of one Bench or the other, or Barons of the Exchequer, Sergeants at Law, Commissions of Sewers, Commissions of Bankrupts, or of charitable uses, made or constituted, by or in the Name or Style of any the late pretended powers or authorities. Provided always, That it shall and may be lawful to and for every person and persons, Writs of Error may be brought. who shall find themselves grieved or damnified by any judgement, Fine, Recovery, Decree or Sentence given, made, levied, granted, or pronounced in any of the said Courts, to proceed in due form of Law, either by Writ of Error, Bill of Review, Appeal, or other lawful remedy, for the Reversing, Annulling or Revoking of the same, in such manner as they might at any time heretofore have done, if the said Courts had been established by lawful Authority, other then for those Errors and Defects which are remedied or provided for by this Act. Provided always, And be it further Enacted by the Authority aforesaid, Non-claim upon Fines of lands sold by Ordinance of Parliament. That no Non-claim upon or after any Fine or Fines hereby made good or confirmed, shall extend or be construed to Bar or Prejudice any person or persons, their Heirs or Successors, or their Feoffées or Trustées (other than the parties to the said Fines and their Heirs general and special, and his and their Trustées) as concerning such Right, Claim and Interest, as they had in or to any Lands, Tenements, or other Hereditaments, which by colour of any Act, Order or Ordinance of both or either Houses of Parliament, or any Convention sitting at Westminster, under the Name or Style, or assuming the Name or Style of a Parliament, since the First day of May, in the year of our Lord, One thousand six hundred forty and two, and before the Five and twentieth day of April, in the year of our Lord, one thousand six hundred and sixty, were Sold, Conveyed, or Disposed, as then, or late the Lands, Tenements, and Hereditaments of the King, Queen, or Prince, or of Archbishops, Bishops, Deans, Deans and Chapters, or other Ecclesiastical persons, or as the Lands, Tenements, and Hereditaments of any other persons, for their Adherency to the late King, or his Majesty that now is, or for any their Actings relating to, or in respect of the late Troubles; so always that the said person or persons aforesaid, their Heirs or Successors, pursue their Title, Claim, or Interest, by way of Action, or lawful Entry, within five years' next after the Nine and twentieth day of May, in the year of our Lord, one thousand six hundred and sixty. And although in this Confirmation of judicial Proceed, The late Government declared to be usurped. it was necessary to mention Divers pretenced Acts and Ordinances, by the Names and Styles which those Persons then Usurped, who took upon them to pass the same, Namely, some by the Style and Name of the Keepers of the Liberty of England by Authority of Parliament; and others by the Name and Style of Protectors of the Commonwealth of England, Scotland, and Ireland, and the Dominions and Territories thereunto belonging; Yet this present Parliament doth Declare, and it is further Enacted by Authority of the same, That the Names and Styles aforesaid, and every of them, are most Rebellious, Wicked, Traitorous, and Abominable Usurpations, Detested by this present Parliament, Recognition of his Majesty's just title. as Opposite in the Highest Degree to His Sacred Majesties most Just and Undoubted Right, to whom, and to his Heirs and Lawful Successors, the Imperial Crowns of the Realms of England, Scotland, and Ireland, with their, and every of their Dominions and Territories do of Right appertain, and as violating and Infringing the just Rights and privileges of Parliament, and both Houses thereof now Assembled, or that hereafter shall be called and assembled. Provided always, and be it enacted, That all and every pretended Indictment or Indictments, Outlawries, Inquisitions, and all Proceed thereon of High Treason against any Person or Persons whatsoever, for Levying War against the late Tyrant Oliver Cromwell, the pretended Keepers of the Liberty of England, or any other Usurped Power, Indictments of Treasons, etc. for levying wars against Oliver Cromwell, etc. made void. shall be from henceforth void and of none effect in Law. And that all Grants, Conveyances, Leases, Devices, Assurances, Statutes, Recognizances, and judgements for Debt, Damages heretofore had, made, or suffered by any person, or his heirs, whose Conviction, Vtlagary, or Attainder is by this Act discharged or made void, shall be of the same force and effect, as if no such Conviction, Outlawry, or Attainder had been. Stat. 13 Car. 2. cap. 7. CAP. XIII. None shall take above Six Pounds for the loan of an Hundred Pounds for a Year. Abatement of interest advantageous to Trade. FOrasmuch as the Abatement of Interest from Ten in the Hundred in former times, hath been found by notable experience Beneficial to the Advancement of Trade, and Improvement of Lands by good Husbandry, with many other considerable advantages to this Nation, especially the reducing of it to a nearer Proportion with Foreign States with whom We Traffic. And whereas in fresh memory the like fall from Eight to Six in the Hundred, by a late constant practice hath found the like Success to the general contentment of this Nation, as is visible by several Improvements. And whereas it is the endeavour of some at present to reduce it back again in practice to the allowance of the Statute, still in force, to Eight in the Hundred, to the great discouragement of Ingenuity and Industry in the Husbandry, Trade, and Commerce of this Nation. The penalty and forfeiture of taking above six in the hundred. Be it for the Reason's aforesaid, Enacted by the Kings most Excellent Majesty, and the Lords and Commons in this present Parliament assembled, That no Person or Persons whatsoever, from and after the Twenty Ninth day of September, in the Year of our Lord, One thousand six hundred and sixty, upon any Contract, shall from and after the said Twenty Ninth of September, take directly or indirectly, for Loan of any moneys, Wares, Merchandise, or other Commodities whatsoever, above the value of Six Pounds for the Forbearance of one Hundred Pounds for a Year, and so after that Rate for a greater or lesser Sum, or for a longer or shorter time. And that all Bonds, Contracts, and Assurances whatsoever made after the time aforesaid, for payment of any Principal or money to be lent or covenanted to be performed upon or for any Usury, whereupon or whereby there shall be reserved or taken above the Rate of Six pounds in the Hundred, as aforesaid, shall be utterly void. And that all and every person or persons whatsoever, which shall after the time aforesaid, upon any Contract to be made, after the said Twenty Ninth of September, take, accept and receive, by way or means of any corrupt Bargain, Loan, Exchange, Cheivisaunce, Shift, or Interest of any Wares, Merchandise, or other thing or things whatsoever, or by any deceitful way or means, or by any covin, engine, or deceitful conveyance for the forbearing or giving day of payment for one whole year, of and for their money, or other thing, above the sum of six pounds for the forbearing of One hundred pounds for a year, and so after that Rate for a greater or lesser Sum, or for a longer or shorter Term, shall forfeit and lose for every such offence, the triple value of the moneys, wares, merchandise, and other things so Lent, Bargained, Sold, Exchanged, or Shifted. The Forfeiture of a Scrivener that shall take above five shillings for the forbearance of an hundred pounds for a year, and above twelve pence for making a Bond. And be it further Enacted by the Authority aforesaid, That all and every Scrivener and Scriveners, Broker and Brokers, Solicitor and Solicitors, Driver and Drivers of Bargains for Contracts, who shall after the said Twenty ninth day of September, take or receive, directly or indirectly, any sum or sums of money, or other reward or thing, for Brokage, Soliciting, Driving or Procuring the Loan, or forbearing of any sum or sums of money, over and above the Rate or Value of five shillings for the Loan, or forbearing of one hundred pounds for a year, and so rateably, or above Twelve pence for making or renewing of the Bond or Bill for the Loan, or for forbearing thereof, or for any Counterbond or Bill concerning the same, shall forfeit for every such Offence Twenty pounds, and have Imprisonment for half a year: The one moiety of all which Forfeitures to be to the King our Sovereign Lord, his Heirs and Successors; And the other moiety to him or them that will sue for the same, in the same County where the several Offences are committed, and not elsewhere, by Action of Debt, Bill, Plaint or Information, in which no Essoign, Wager of Law, or Protection to be allowed. Stat. 13 Car. 2. cap. 13. CAP. XIV. A Perpetual Anniversary Thanksgiving, on the Nine and twentietth day of May, for His Majesty's Happy Restauration. The wonderful Power and Goodness of God in the Restauration● of his Majesty. FOrasmuch as Almighty God the King of Kings, and sole Disposer of all Earthly Crowns and Kingdoms, hath by his All-swaying Providence and Power miraculously demonstrated in the view of all the World, his Transcendent Mercy, Love and Graciousness, towards His most Excellent Majesty, CHARLES the Second, by his Especial Grace, of England, Scotland, France, and Ireland King, Defender of the true Faith, and all his Majesty's Loyal Subjects of this his Kingdom of England, and the Dominions thereunto annexed, by his Majesty's late most wonderful, glorious, peaceable and joyful Restauration to the actual possession and exercise of his undoubted hereditary Sovereign and Regal Authority over them (after sundry years forced extermination into Foreign parts, The unanimous and cordial affection of the Lords and Commons in Parliament, and People in general. by the most Traitorous Conspiracies, and Armed Power of Usurping Tyrants, and execrable perfidious Traitors) and that without the least opposition, or effusion of blood, through the unanimous, cordial, Loyal Votes of the Lords and Commons in this present Parliament assembled, and passionate desires of all other his Majesty's Subjects; which unexpressible Blessing (by Gods own most wonderful Dispensation) was completed on the Twenty Ninth day of May last past, being the most memorable Birthday, not only of his Majesty, both as a Man and Prince, but likewise as an Actual King, and of this and other His Majesty's Kingdoms, all in a great measure new born and raised from the dead on this most joyful Day, wherein many Thousands of the Nobility, Gentry, Citizens, and other his Liege's of this Realm, conducted his Majesty unto His Royal Cities of London and Westminster, with all possible Expressions of their joy and Loyal Affections in far greater Triumph than any of his most Victorious Predecessors Kings of England, returned thither from their Foreign Conquest; and both his Majesty's Houses of Parliament, with all Dutiful and joyful Demonstrations of their Allegiance publicly received, and cordially congratulated His Majesty's most happy Arrival, and Investiture in his Royal Throne, at his Palace at White-Hall; Upon all which considerations, this being the Day which the Lord himself hath made and crowned with so many public Blessings and signal Deliverances, both of his Majesty and his People, The intent of keeping the said Day. from all their late most deplorable Confusions, Divisions, Wars, Devastations, and Oppressions, to the end that it may be kept in perpetual Remembrance in all Ages to come; and that his Sacred Majesty will with all his Subjects of this Realm, and the Dominions thereof, and their posterities after them, might annually celebrate the perpetual memory thereof, by sacrificing their unfeigned hearty public Thanks thereon to Almighty God, with one heart and voice, in a most devout and Christian manner, for all these public benefits received and conferred on them, upon this most joyful Day. Be it therefore Enacted by the Kings most Excellent Majesty, the Lords and Commons in this present Parliament assembled, and by the Authority of the same, That all and singular Ministers of God's Word and Sacraments, in every Church, Chappel, and other usual place of Divine Service, and public Prayer, which now are, or hereafter shall be within this Realm of England, and the respective Dominions thereof, and their Successors shall in all succeeding Ages annually celebrate the Twenty Ninth day of May, The 29th of May to be annually celebrated. by rendering their hearty public Praises and Thanksgivings unto Almighty God, for all the forementioned Extraordinary Mercies, Blessings, and Deliverances received, and mighty Acts done thereon, and Declare the same to all the people there assembled, and the Generations yet to come, that so they may for ever praise the Lord for the same, whose Name alone is Excellent, and his Glory above the Earth and Heavens. And be it further Enacted, All persons to resort to some Church, Chappel, or public Place of Thanksgiving the said day. That all and every person and persons inhabiting within this Kingdom, and the Dominions thereunto belonging, shall upon the said day annually resort with diligence and devotion to some usual Church, Chappel, or Place where such public Thanksgivings and Praises to Gods most Divine Majesty shall be rendered, and there orderly and devoutly abide during the said public Thanksgivings, Prayers, Preaching, Singing of Psalms, and other Service of God there to be used and ministered. And to the end that all persons may be put in mind of their duty thereon, and be the better prepared to discharge the same with that piety and devotion as becomes them; Be it further Enacted, Notice of this Act to be given the next Lord's Day before. That every Minister shall give notice to his Parishioners publicly in the Church at morning Prayer the Lord's Day next before every such Twenty Ninth day of May, for the due observation of the said day, And shall then likewise publicly and distinctly read this present Act to the people. St. 13 Car. 2. cap. 11. CAP. XV. An Act for the speedy Disbanding of the Army, and Garrisons of this Kingdom, with Instructions for the same. EXP. CAP. XVI. Soldiers of the Army Disbanded, may Exercise Trades. WHereas there are divers Officers and Soldiers now in the King's Majesty's Service, Soldier's instrumental in His Majesty's Restauration. under the Command of his Excellency George Duke of Albemarle, Captain General of His Majesty's Armies, who have been Instrumental, by the Blessing of Almighty God, to the Happy Restitution and Restoration of his Sacred Majesty unto His Kingdoms and People, and to His Just Right of Government in the Kingdom of England, and the Dominions and Territories thereunto belonging; some of which are men that used Trades, others that were Apprentices to Trades, who had not served out their Times; and others who are Apt and Fit for Trades, many of which, the Wars being now ended, would willingly Employ themselves in those Trades they were formerly accustomed unto, or which they are apt and able to follow and make use of for the getting of their Living by their Labour and Industry; but are, or may be hindered from exercising those Trades in certain Cities, Corporations, and other places within this Kingdom, because of certain by-Lawes and Customs of those places, and of a Statute made in the Fifth year of the late Queen Elizabeth, Prohibiting the use of certain Trades by any person that hath not served as an Apprentice to such Trade by the space of seven years; Such as were in Service under General Monk 25. April, 1660. and instrumental in his Majesty's restitution may exercise Trades. For remedy whereof, And to the end that those persons who were in Actual Service under the Command of the said Captain General on the Five and twentieth day of April, in the year of our Lord, One thousand six hundred and sixty, and were Instrumental to the Happy Restitution of the King's Majesty unto his Just Right of Government, as aforesaid, may not be deprived of a Means of Livelihood; May it please your Majesty, that it may be Enacted, and be it Enacted by the Kings most Excellent Majesty, and the Lords and Commons in this present Parliament assembled, and by the Authority thereof, That all such Officers and Soldiers, who were under the Command of the said Captain General on the Five and twentieth day of April, Such as have deserted the Service, or refuse the Oath of Allegiance, excepted. in the said year of our Lord, One thousand six hundred and sixty, and have not since deserted the Service, or refused to take the several Oaths of Supremacy and Allegiance unto the King's Majesty that now is, his Heirs and Successors, and that have heretofore used or exercised any Trade, though they did not serve out the time of their Apprenticeship; or any other person employed as aforesaid under the Command of the said Captain General at the time aforesaid, that is apt and able to practise any Trade, may set up and exercise such several and respective Trades, Mysteries or occupations, whereunto he or they have been bound Apprentice, and served any Part of his or their time, or any Handicraft or other Trade exercised about Manufactures, though he was never bound Apprentice to the same, Apprentices to enjoy all Immunities as it they had served their Time. in manner following; (that is to say) Such of them as have been Apprentices, as aforesaid, may set up and exercise such several and respective Trades whereunto he or they have been so bound Apprentices, as fully as if they had served out their respective terms, or times for which they have been bound; and shall have and enjoy the same Immunities as they should have had and enjoyed, if they had served out their said terms or times. And all others of the said Officers and Soldiers, may set up and exercise such Trades as they are apt and able for, in the several Towns and Places within the several and respective Counties wherein they were born, without any suit, let, or molestation of any person or persons whatsoever, for or by reason of the using of such Trade. And if any such Officer or Officers, Soldier or Soldiers, shall be sued, impleaded, or indicted in any Court whatsoever, within this Kingdom, for using or exercising any such Trades as aforesaid; then the said Officer or Officers, Soldier or Soldiers, making it appear to the same Court where they are so sued, impleaded or indicted, that they have served the King's Majesty under the Command of the said Captain General, as aforesaid; and they they have severally taken the said Oaths of Supremacy and Allegiance, The general Issue pleaded upon this Act. and have not since deserted the said Service, shall upon the General Issue pleaded, be found Not guilty in any Plaint, Bill, Information, or Indictment, exhibited against them; and such persons, who, notwithstanding this Act, shall prosecute their said Suit by Bill, Plaint, Information, or Indictment, and shall have a Verdict pass against them, or become Nonsuit therein, or discontinue their said Suit, such person or persons shall pay unto such Officer or Officers, Soldier or Soldiers, double costs of Suit to be recovered as any other Costs at Common Law may be recovered; And all judges and jurors, before whom any such Suit, Information, or Indictment shall be brought, and all other persons whatsoever, are to take notice of this present Act, and shall conform themselves thereunto; any Statute, Law, Ordinance, Custom, or Provision to the contrary in any wise notwithstanding. How an Officer or Soldier may prove his being in Service within this Act. Provided, That no Officer or Soldier shall have the benefit of this Act, that shall not prove his Service as aforesaid, either by a Certificate under the Hand and Seal of some Field Officer, and two Commission-Officers of the Regiment wherein he served, or some General-Officer of the Army, certifying his knowledge of the Service aforesaid; and the said Certificate to be proved by one Witness at least, to be a true Certificate; or for default of such Certificate, by the Oaths of two credible Persons at least. Penalty upon false Certificates. Provided also, That if any person or persons pretending themselves to have been Officers or Soldiers within the qualifications aforesaid, shall produce a false Certificate to the intent to have the benefit of this Act, and thereof be convicted by Confession, or due proof of Law, shall suffer Imprisonment not exceeding six months, and to lose the benefit of this Act, Any thing therein contained to the contrary in any wise notwithstanding. Soldiers, Tradesmen, to submit to all Offices and Orders in Corporations and Companies of their Manufacture. Provided also, and be it Enacted, That the said Officers and Soldiers in this Act mentioned, and all other persons exercising, or that shall exercise any Trade or Profession in any City or Corporation, shall be liable to bear all Offices in the said respective Cities and Corporations, when by the said Cities and Corporations they shall be elected thereunto, and shall submit to such Orders of Corporations and Companies for search of the well and true making of their Manufacture, as others free of the said Companies or Corporations are subject unto; any Law, Usage, or Custom to the contrary in any wise notwithstanding. CAP. XVII. Ministers confirmed, and restored to their Benefices. CAP. XVIII. Shipping and Navigation Encouraged. FOr the increase of Shipping, and encouragement of the Navigation of this Nation, wherein, under the good Providence and Protection of God, the Wealth, Safety, and Strength of this Kingdom is so much concerned, Be it Enacted by the Kings most Excellent Majesty, & by the Lords and Commons in this present Parliament Assembled, No goods shall be imported from Asia, Africa, or America, but in English Ships. and the Authority thereof, That from and after the First day of December, One thousand six hundred and sixty, and from thenceforward, no Goods or Commodities whatsoever shall be Imported into, or Exported out of any Lands, Islands, Plantations, or Territories to His Majesty belonging, or in his possession, or which may hereafter belong unto, or be in the possession of His Majesty, his Heirs and Successors, in Asia, Africa, or America, in any other Ship or Ships, Vessel or Vessels whatsoever, but in such Ships or Vessels as do truly and without fraud belong only to the People of England or Ireland, Dominion of Wales, or Town of Berwick upon Tweed, or are of the built of, and belonging to any the said Lands, Islands, Plantations, or Territories, as the Proprietors and Right Owners thereof, and whereof the Master and three fourth's of the Mariners at least are English, Penalty. under the penalty of the Forfeiture and Loss of all the Goods and Commodities which shall be Imported into, or Exported out of any the aforesaid places in any other Ship or Vessel, as also of the Ship or Vessel, with all its Guns, Furniture, Tackle, Ammunition and Apparel; one Third part thereof to his Majesty, his Heirs and Successors; one Third part to the Governor of such Land, Plantation, Island, or Territory, where such default shall be committed, in case the said Ship or Goods be there seized, or otherwise that third part also to his Majesty, his Heirs and Successors; and the other third part to him or them who shall Seize, Inform, or Sue for the same in any Court of Record, by Bill, Information, Plaint, or other Action, wherein no Essoin, Protection, or Wager of Law shall be allowed; And all Admirals, and other Commanders at Sea of any the Ships of War, or other Ship, having Commission from his Majesty, or from his Heirs or Successors, are hereby Authorized and strictly required to seize and bring in as prise all such Ships or Vessels as shall have offended contrary hereunto, and deliver them to the Court of Admiralty, there to be proceeded against; and in case of condemnation, one Moiety of such Forfeitures shall be to the use of such Admirals or Commanders and their Companies, to be divided and proportioned amongst them according to the Rules and Orders of the Sea in case of Ships taken prize; and the other Moiety to the use of his Majesty, his Heirs and Successors. And be it Enacted, Aliens shall not exercise the occupation of Merchants or Factors. That no Alien or person not born within the Allegiance of our Sovereign Lord the King, his Heirs and Successors, or Naturalised, or made a free Denizen, shall from and after the First day of February, which shall be in the year of our Lord, One thousand six hundred sixty one, exercise the Trade or Occupation of a Merchant or Factor in any the said places, upon pain of the Forfeiture and Loss of all his Goods and Chattels, or which are in his possession, one third to his Majesty, his Heirs and Successors; one third to the Governor of the Plantation where such person shall so offend; and the other third to him or them that shall inform or sue for the same in any of his Majesty's Courts in the Plantation where such offence shall be committed: And all Governors of the said Lands, Islands, Plantations or Territories, and every of them, are hereby strictly required and commanded, and all who hereafter shall be made Governors of any such Islands, Plantations or Territories, by his Majesty, his Heirs or Sucéessors, shall before their entrance into their Government take a Solemn Oath to do their utmost, that every the aforementioned clauses, and all the matters and things therein contained, Governors, etc. of Plantations to take an Oath for the observance of the aforementioned clauses. shall be punctually and bona fide observed, according to the true intent and meaning thereof: And upon complaint and proof made before His Majesty, his Heirs or Successors, or such as shall be by Him or them thereunto authorized and appointed, that any the said Governors have been willingly and wittingly negligent in doing their Duty accordingly, that the said Governor so offending shall be removed from his Government. And it is further Enacted by the Authority aforesaid, That no Goods or Commodities whatsoever of the growth, production, or manufacture of Africa, Asia, or America, or of any part thereof, or which are described or laid down in the usual Maps or Cards of those places, be imported into England, Ireland, or Wales, Islands of Guernsey and Jersey, or Town of Berwick upon Tweed, in any other Ship or Ships, Vessel or Vessels whatsoever, but in such as do truly and without fraud belong only to the people of England or Ireland, Dominion of Wales, or Town of Berwick upon Tweed, or of the Lands, Islands, Plantations or Territories in Asia, Africa, or America, to His Majesty belonging, as the proprietors and right owners thereof, and whereof the Master and three Fourths at least of the Mariners are English, under the penalty of the Forfeiture of all such Goods and Commodities, and of the Ship or Vessel in which they were Imported, with all her Guns, Tackle, Furniture, Ammunition, and apparel; one Moiety to his Majesty, his Heirs and Successors; and the other moiety to him or them who shall seize, inform, or sue for the same in any Court of Record, by Bill, Information, Plaint, or other Action, wherein no Essoin, Protection, or Wager in Law shall be allowed. And it is further Enacted by the Authority aforesaid, No Goods of foreign groweth or manufacture, shall be brought into England, etc. in English Ships, but only from the places of their said growth, etc. That no Goods or Commodities that are of foreign Growth, Production, or Manufacture, and which are to be brought into England, Ireland, Wales, the Islands of Guernsey and Jersey, or Town of Berwick upon Tweed, in English-built shipping, or other shipping belonging to some of the aforesaid places, and Navigated by English Mariners as abovesaid, shall be shipped or brought from any other Place or Places, Country or Countries, but only from those of the said Growth, Production, or Manufacture, or from those Ports where the said Goods and Commodities can only, or are, or usually have been first shipped for transportation, and from none other Places or Countries, under the penalty of the Forfeiture of all such of the aforesaid Goods, as shall be Imported from any other Place or Country, contrary to the true intent and meaning hereof, as also of the Ship in which they were Imported, with all her Guns, Furniture, Ammunition, Tackle and Apparel, one Moiety to his Majesty, his Heirs and Successors; and the other moiety to him or them that shall seize, inform, or sue for the same in any Court of Record, to be recovered as is before expressed. All ling, stockfish, etc. oil, etc. Whale ●ins, etc. imported not caught in vessels by the proprietors themselves, etc. shall pay double Aliens custom. And it is further Enacted by the authority aforesaid, That any sort of Ling, Stockfish, Pilchard, or any other kind of dried or salted fish, usually fished for and caught by the People of England, Ireland, Wales, Town of Barwick upon Tweed, or any sort of Codfish or Herring, or any Oil or Blubber made or that shall be made of any kind of fish whatsoever, or any Whale-fins or Whalebones, which shall be imported into England, Ireland, Wales, or Town of Berwick upon Tweed, not having been caught in Vessels truly & properly belonging thereunto as Proprietors and right Owners thereof, and the said Fish cured, saved and dried, and the Oil and Blubber aforesaid (which shall be accounted and pay as oil) not made by the people thereof, and shall be imported into England, Ireland, or Wales, or Town of Berwick upon Tweed, shall pay double Aliens custom. No goods to be ●a●ed or carried from one part of England to another in the vessel of any Alien not denizend, etc. And be it further Enacted by the authority aforesaid, That from henceforth it shall not be lawful to any person or persons whatsoever, to Load or cause to be Loaden & carried in any Bottom or Bottoms, Ship or Ships, Vessel or Vessels whatsoever, whereof any Stranger or Strangers born (unless such as be Denizens or Naturalised) be Owners, Part-owners, or Master, and whereof three fourth's of the Mariners at least shall not be English, any Fish, Victual, Wares, Goods, Commodities, or things of what kind or Nature soever the same shall be, from one Port or Créek of England, Ireland, Wales, Islands of Guernsey or Jersey, or Town of Berwick upon Tweed, to another Port or Créek of the same, The penalty. or of any of them, under penalty for every one that shall offend contrary to the true meaning of this branch of this present Act, to forfeit all such goods as shall be loaden and carried in any such Ship or Vessel, together with the Ship or Vessel, and all her Guns, Ammunition, Tackle, Furniture and Apparel, one Moiety to his Majesty, his Heirs and Successors, and the other Moiety to him or them that shall Inform, Ease and abatement in the book of rates to extend only where three parts of the Mariners be English. Seize, or Sue for the same in any Court of Record, to be recovered in manner aforesaid. And it is further Enacted by the authority aforesaid, That where any Ease, Abatement, or Privilege is given in the Book of Rates to goods or Commodities Imported or Exported in English built Shipping, that is to say, shipping built in England, Ireland, Wales, Islands of Guernsey or Jersey, or town of Berwick upon Tweed, or in any the Lands, Islands, Dominions and Territories to His Majesty in Africa, Asia, or America, belonging or in his possession, That it is always to be understood, and Provided that the Master and three fourth's of the Mariners of the said Ships, at least, be also English, And that where it is required that the Master and three fourth's of the Mariners be English, that the true intent and meaning thereof is, that they should be such during the whole voyage, unless in case of sickness, Death, or being taken Prisoners in the Voyage, to be proved by the Oath of the Master or other chief Officer of such ships. Goods of the growth or manufacture of Muscovy or Russia. And it is further Enacted by the Authority aforesaid, That no Goods or Commodities of the Growth, production or Manufacture of Muscovy or of any the Countries, Dominions or Territories to the great Duke or Emperor of Muscovy or Russia, belonging, As also that no sort of Masts, Timber or Board's, no foreign Salt, pitch, Tar, Rozin, Hemp or Flax, Raisins, Figs, Prunes, Olive Oils, no sorts of Corn or Grain, Sugar, Pot-ashes, Wines, Vinegar, or Spirits called Aquavite or Brandy Wine, shall from and after the First day of April, which shall be in the year of our Lord One thousand six hundred sixty one, be imported into England, Ireland, Wales, or Town of Berwick upon Tweed, in any Ship or Ships, Vessel or Vessels whatsoever, but in such as do truly and without fraud belong to the people thereof, or of some of them as the true Owners and proprietors thereof, and whereof the Master and Three Fourths of the Mariners at least are English, Ottoman or Turkish Emperor. and that no Currants nor Commodities of the growth, production, or Manufacture of any the Countries, Islands, Dominions or Territories to the Ottoman or Turkish Empire belonging, shall from and after the first day of September which shall be in the year of our Lord One thousand six hundred sixty one, be imported into any the forementioned places in any Ship or Vessel, but which is of English built, and Navigated as aforesaid, and in no other; Except only such foreign ships and vessels as are of the built of that Country or place of which the said Goods are the growth, production or Manufacture respectively, or of such port where the said Goods can only be, or most usually are first shipped for transportation, and whereof the Master and Three Fourths of the Mariners at least are of the said Country or place, under the penalty and Forfeiture of ship and Goods to be disposed and recovered as in the foregoing clause. Frauds in concealing Aliens goods how to be prevented. Provided always, and be it hereby Enacted by the Authority aforesaid, That for the prevention of the great frauds daily used in colouring and concealing of Aliens Goods, all Wines of the growth of France or Germany, which from and after the Twentieth day of October, One thousand six hundred and sixty, shall be Imported into any the Ports or places aforesaid, in any other Ship or Vessel then which doth truly and without fraud belong to England, Ireland, Wales, or Town of Berwick upon Tweed, and Navigated with the Mariners thereof, as aforesaid, shall be deemed Aliens goods, and pay all Strangers Customs and Duties to His Majesty, his Heirs and Successors, as also to the Town or Port into which they shall be Imported; And that all sorts of Masts, Timber or Board's, as also all foreign Salt, Pitch, Tar, Rozin, Hemp, Flax, Raisins, Figs, Prunes, Olive Oils, all sorts of Corn or Grain, Sugar, Pot-ashes, Spirits, commonly called Brandy Wine or Aquavitae, Wines of the growth of Spain, the Islands of the Canaries or Portugal, Madera or Western Islands, and all goods of the growth, Production or Manufacture, of Moscovy or Russia, which from and after the First day of April which shall be in the year of Our Lord one thousand six hundred sixty one, shall be Imported into any of the aforesaid places in any other than such shipping, and so Navigated, and all Currants and Turkey Commodities which from and after the first day of September One thousand six hundred sixty one, shall be Imported into any the places aforesaid, in any other then English built shipping, and Navigated as aforesaid shall be deemed Aliens Goods, and pay accordingly to his Majesty, His Heirs and Successors, and to the Town or Port into which they shall be Imported. And for prevention of all frauds which may be used in colouring or buying of Foreign Ships, How to prevent Frauds in colouring and buying Foreign ships. Be it Enacted by the Authority aforesaid, and it is hereby Enacted, That from and after the first day of April, which shall be in the Year of our Lord One thousand six hundred sixty one, no Foreign built ship or Vessel whatsoever shall be deemed or pass as a ship to England, Ireland, Wales, or Town of Berwick, or any of them belonging, or enjoy the benefit or Privilege of such a ship or Vessel, until such time that he or they claiming the said ship or Vessel to be theirs, shall make appear to the chief Officer or Officers of the customs in the Port next to the place of his or their abode, that he or they are not Aliens, and shall have taken an Oath before such chief Officer or Officers, who are hereby Authorized to Administer the same, That such Ship or Vessel was bona fide and without fraud by him or them bought for a valuable consideration, expressing the sum, as also the time, place, and persons from whom it was bought, and who are his part Owners (if he have any) all which part-owners shall be liable to take the said Oath before the chief Officer or Officers of the Custom-house of the Port next to the place of their abode, and that no Foreigner directly or indirectly hath any part, interest, or share therein, and that upon such Oath he or they shall receive a Certificate under the Hand and Seal of the said chief Officer or Officers of the Port where such person or persons so making Oath do reside, whereby such Ship or Vessel may for the future pass and be deemed as a Ship belonging to the said Port, and enjoy the privilege of such a Ship or Vessel; And the said Officer or Officers shall keep a Register of all such Certificates as he or they shall so give, and return a Duplicate thereof to the chief Officers of the customs at London for such as shall be granted in England, Wales, and Berwick, and to the Chief Officers of the customs at Dublin for such as shall be given in Ireland, together with the Names of the person or persons from whom such Ship was bought, and the sum of Money which was paid for her, as also the Names of all such persons who are part-owners of her, if any such be. And be it further Enacted by the Authority aforesaid, Officers of the custom not to allow any privilege to any foreign built ship until certificate or proof, etc. That if any Officer of the Customs shall from and after the said First day of April, allow the privilege of being a Ship or Vessel to England, Ireland, Wales, or Town of Berwick, or any of them belonging, to any Foreign built Ship, or Vessel, until such Certificate be before them produced, or such Proof and oath taken before them; or if any Officer of the Customs shall allow the privilege of an English built ship, or other Ship to any the aforesaid places belonging, to any English or Forrien built Ship coming into any Port, and making entry of any Goods, until Examination whether the Master and three Fourths of the Mariners be English, or shall allow to any Foreign built ship, bringing in the Commodities of the Growth of the Country where it was built, the privilege by this Act, to such Ship given, until Examination and Proof whether it be a ship of the built of that Country, and that the Master and three Fourths of the Mariners are of that Country; or if any Person who is or shall be made Governor of any Lands, Islands, Plantations, or Territories in Africa, Asia, or America, by his Majesty, His Heirs or Successors, shall suffer any Foreign built Ship or Vessel to load or unload any Goods or Commodities within the Precincts of their Goverments, until such Certificate be produced before them or such as shall be by them appointed to view the same, and Examination whether the Master and three Fourths of the Mariners at least be English, that for the first offence such Officer of the Customs, and Governors, shall be put out of their places, Offices or Governments. Provided always, That this Act or any thing therein contained, extend not, Proviso for goods of the straits or Levant. or be meant to restrain and prohibit the Importation of any the Commodities of the straits, or Levant Seas, loaden in English built shipping, and whereof the Master and three fourth's of the Mariners at least are English, from the usual Ports or places for lading of them heretofore within the said straits or Levant Seas, though the said Commodities be not of the very growth of the said places. Provided also, that this Act, or any thing therein contained, extend not, or be meant to restrain the Importing of any East India Commodities, loaden in English built shipping, and whereof the Master and three fourth's of the Mariners at least are English, from the usual place or places for lading of them in any part of those Seas, to the and Eastward of Cabo bona speranza, although the Ports be not th●●bery Places of their growth. Provided also, That it shall and may be lawful to and for any of the people of England, Ireland, East India Commodities. Proviso for goods imported from Spain, Portugal, Azores, Madera, or Canary, Islands. Wales, Islands of Guernsey or Jersey, or town of Berwick upon Tweed, in Vessels or Ships to them belonging, and whereof the Master and three fourth's of the Mariners at least are English, to load and bring in from any of the Ports of Spain or Portugal, or Western Islands, commonly called Azores, or Madera or Canary Islands,, all sorts of Goods or Commodities of the Growth, Production, or Manufacture of the Plantation or Dominions of either of them respectively. Proviso for Bullion, and goods taken by way of Reprisal. Provided, That this Act, or any thing therein contained, extend not to Bullion, nor yet to any Goods taken, or that shall be bona fide taken by way of Reprisal by any Ship or Ships belonging to England, Ireland, or Wales, Islands of Guernsey, or Jersey, or Town of Berwick upon Tweed, and whereof the Master and three Fourths of the Mariners at feast are English, having Commission from his Majesty, his Heirs or Successors. Proviso concerning goods of Scotland. Provided always, That this Act, or any thing therein contained, shall not extend, or be construed to extend to lay Aliens Duties upon any Corn of the growth of Scotland, or to any Salt made in Scotland, nor to any Fish caught, saved and cured by the People of Scotland, and Imported directly from Scotland in Scotch built Ships, Goods of Russia. and whereof the Master and three Fourths of the Mariners are of His Majesty's Subjects, nor to any Seal Oil of Russia, Imported from thence into England, Ireland, Wales, or Town of Berwick upon Tweed, in shipping bona fide to some of the said places belonging, and whereof the Master and three Fourths of the Mariners at least are English. The duty payable upon goods in French ships Provided also, and it is hereby Enacted, That every Ship or Vessel belonging to any the Subjects of the French King, which from and after the Twentieth day of October, in the year of our Lord one thousand six hundred and sixty, shall come into any Port, Creek, Harbour of Road of England, Ireland, Wales, or Town of Berwick upon Tweed, and shall there lad or unlade any Goods or Commodities, or take in or set on Shore any passengers, shall pay to the Collector of His Majesty's Customs in such Port, Créek, Harbour or Road, for every Tun of which the said Ship or Vessel is of burden, How long to continue. to be computed by such Officer of the Customs as shall be thereunto appointed, the sum of five shillings currant money of England: And that no such Ship or Vessel be suffered to departed out of such Port, Créek, Harbour or Road, until the said Duty be fully paid: And that this Duty shall continue to be Collected, Levied, and paid, for such time, as a certain Duty of Fifty sol per Tun lately imposed by the French King, or any part thereof, shall continue to be Collected upon the shipping of England lading in France, and three Months after, and no longer. Sugars, tobacco, etc. of the growth of America, Asia, or Africa. And it is further Enacted by the Authority aforesaid, That from and after the First day of April, which shall be in the year of our Lord One thousand six hundred sixty one, no Sugars, Tobacco, cotton-wool, Indicoes, Ginger, Fustick, or other dying wood, of the growth, Production or Manufacture of any English Plantations in America, Asia, or Africa, shall be shipped, carried, conveyed or transported from any the said English Plantations to any Land, Island, Territory, Dominion, Port, or place whatsoever, other then to such other English Plantations as do belong to His Majesty, His Heirs and Successors, or to the Kingdom of England, or Ireland, or Principality of Wales, or Town of Berwick upon Tweed, there to be laid on shore, under the penalty of the Forfeiture of the said Goods or the full value thereof, as also of the Ship, with all her Guns, Tackle, Apparel, Ammunition and Furniture, The one Moiety to the King's Majesty, His Heirs and Successors, and the other Moiety to him or them that shall seize, inform, or sue for the same in any Court of Record, by Bill, Plaint or Information, wherein no Essoign, Protection or Wager of Law shall be allowed. And be it further Enacted by the Authority aforesaid, That for every Ship or Vessel, which from and after the Five and twentieth day of December, Ships of England, Ireland, or Wales, Sailing to any English plantation of America, Asia, or Africa, shall be bound with sureties, to bring goods there loaded into England, etc. in the year of our Lord one thousand six hundred and fifty, shall set sail out of or from England, Ireland, Wales, or Town of Berwick upon Tweed, for any English Plantation in America, Asia, or Africa, sufficient bond shall be given with one surety to the chief Officers of the Custom-house of such Port or place from whence the said Ship shall set sail, to the value of one thousand pounds, if the ship be of less burden than one hundred Tuns; and of the sum of two thousand pounds, if the Ship shall be of greater burden, That in case the said ship or vessel shall load any of the said Commodities at any of the said English plantations, that the same Commodities shall be by the said ship brought to some Port of England, Ireland, Wales, or to the Port or Town of Berwick upon Tweed, and shall there unload and put on shore the same, the danger of the Seas only excepted: And for all ships coming from any other Port or Place to any of the aforesaid plantations, who by this Act are permitted to trade there, that the Governor of such English plantations shall before the said ship or Vessel be permitted to load on board any of the said Commodities, take Bond in manner and to the value aforesaid for each respective Ship or Vessel, That such Ship or Vessel shall carry all the aforesaid Goods that be laden on board in the said ship to some other of His Majesty's English Plantations or to England, Ships coming from other places to any of those plantations. Ireland, Wales, or Town of Berwick upon Tweed: And that every ship or Vessel, which shall load or take on board any of the aforesaid Goods, until such Bond given to the said Governor, or Certificate produced from the Officers of any Custom-house of England, Ireland, Wales, or of the Town of Berwick, that such bonds have been there ●●ly given, shall be forefeited with all her Guns, Tackle, Apparel and Furniture, to be employed and recovered in the manner as aforesaid. And the said Governors and every of them shall twice in every year after the First day of January, The respective Governors to return the bonds taken twice yearly to the chief offices of the custom in London. One thousand six hundred and sixty, return true Copies of all such Bonds by him so taken, to the chief Officers of the Customs in London. St. 13. Car. 2. cap. 14. CAP. XIX. For preventing Frauds and concealments of Customs, and Subsidies. BE it Enacted by the Kings most Excellent Majesty, by and with the advice and consent of the Lords and Commons in this present Parliament assembled, That if any person or persons at any time after the first day of September,, One thousand six hundred and sixty, Persons which shall convey away any goods without entry & agreement for the custom shall cause any Goods for which Custom, Subsidy, or other Duties are due, or payable by virtue of the Act passed this Parliament, (Entitled, A Subsidy Granted to the King of Tonnage and Poundage, and other sums of money, payable upon Merchandise Exported and Imported) to be landed or conveyed away without due entry thereof first made, and the Customer or Collector, or his Deputy agreed with, That then, and in such case upon Oath thereof made before the Lord Treasurer, or any of the Barons of the Exchequer, or chief Magistrate of the Port or place where the offence shall be committed, or the place next adjoining thereunto, The penalty. it shall be lawful to and for the Lord Treasurer, or any of the Barons aforesaid, or chief Magistrate of the Port or place where the offence shall be committed, or the place next adjoining thereunto, to issue out a Warrant to any person or persons, thereby enabling him or them, with the assistance of a Sheriff, justice of Peace, or Constable to enter into any house in the day time where such Goods are suspected to be concealed; and in case of resistance, to break open such houses, and to seize and secure the same goods so concealed: And all Officers and Ministers of justice are hereby required to be aiding and assisting thereunto. Provided always, That no house shall be entered by virtue of this Act, No proceeding against any upon this Act unless within one month after the offence committed. The continuance of this Act. Damages and costs against false informers unless it be within the space of one Month after the offence supposed to be committed. Provided also, That this Act shall continue in force unto the end of the first Session of the next Parliament, and no longer. Provided also, That if the Information whereupon any house shall come to be searched, shall prove to be false, that then, and in such case, the party injured shall recover his full damages and costs against the Informer, by Action of Trespass to be therefore brought against such Informer. St. 13 Car. 2. cap. 7. CAP. XX. For raising Sevenscore thousand pounds, for the complete Disbanding of the whole Army, and paying off some part of the Navy, by a two Month's Assessment of 70000 l. per mensem beginning from the first of November 1660. EXP. Stat. 13 Car. 2. cap. 6. CAP. XXI. An Act for the speedy raising of Seventy thousand pounds for the present supply of His Majesty, EXP. Stat. 13 Car. 2. cap. 6. & cap. 10. CAP. XXII. Bay-making in the Dutch Bayhall in Colchester regulated. CAP. XXIII. Certain Impositions upon Beer, Ale, and other Liquors, For the Increase of His Majesty's Revenue during His Life. THe Commons assembled in Parliament, in gratitude, for an humble acknowledgement of Your Majesty's great Grace and Favour to us Your Commons, beyond Example of any Your Royal Progenitors, expressed in many public Acts and Declarations, to the great rejoicing and general satisfaction of all Your people, The ra●es given to his Majesty for life. which they desire to answer with returns suitable and exceeding the Examples of any of their Ancestors, for the increasing of your Majesty's Revenue during Your Majesty's Reign, (which God long continue) Do therefore give and grant unto your most Excellent Majesty, the Rates and Duties, Impositions, Charges, and sums of Money herein after following: And do beseech 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 and Commons in Parliament Assembled, That from and after the twenty fifth day of December, One thousand six hundred and sixty, there shall be throughout your Majesty's Kingdom of England, Dominion of Wales, and Town of Berwick upon Tweed, raised, levied, collected, 12 Car. 2. c. 2. ● and paid unto Your Majesty during Your Life, for Beer, Ale, Cider, and other Liquors herein after mentioned, The several Rates, Impositions, Duties, and Charges herein after expressed, and in manner and form following. That is to say, Beer and Ale above 6 s. the barrel. For every Barrel of Beer or Ale above six shillings the barrel, brewed by the Common Brewer, or any other Person or Persons who doth or shall sell or tap out beer or Ale publicly or privately, to be paid by the common Brewer, or by such other person or persons respectively, and so proportionably for a greater or lesser quantity, One shilling three pence. XV. d. Beer and Ale of ● s. the barrel. For every barrel of Six shillings Beer or Ale, or under, brewed by the common Brewer, or any other person or persons, who doth or shall sell or tap out such Beer or Ale publicly or privately, to be paid by the said common Brewer, or by such other person or persons respectively as aforesaid, and so proportionably for a greater or lesser quantity, three pence. iij. d. Cider, Perry. For all Cider and Perry made and sold by retail, upon every Hogshead to be paid by the retailer thereof, and so proportionably for a greater or lesser measure, One shilling three pence. XV. d. Metheglin, Mead. For all Metheglin or Mead sold, whether by Retail or otherwise, to be paid by the maker thereof upon every Gallon, One halfpenny. Ob. Vinegar-beer. For every Barrel of Beer, commonly called Vinegar-Beer, brewed by any common Brewer, in any common Brewhouse, six pence. Vi. d. Strong water. For every Gallon of Strong-water or Aquavitae, made and sold, to be paid by the maker thereof, One penny. i d. Beer and Ale Imported. For every barrel of Beer or Ale Imported from beyond the Seas, Three Shillings. iij. s. Cider & Perry Imporced. For every Tun of Cider or Perry Imported from beyond the Seas, and so proportionably for a greater or lesser quantity, Five shillings. V s. Spirits Imported. For every gallon of Spirits made of any kind of Wine or Cider Imported, Two pence. ij. d. Strong-water Imported. For every gallon of Strong-water perfectly made, Imported from beyond the Seas, Four pence. iiij. d. Coffee. For every Gallon of Coffee made and sold, to be paid by the maker, Four pence. iiij. d. Chocolatte. For every gallon of Chocolatte, Sherbet and Tea, made and sold, to be paid by the maker thereof, ●ight pence. Viij. d. The Excise upon foreign liquors imported, to be paid by the importers in money upon entries made before landing. Common brewers to account weekly, and other retailers of beer, ale, etc. monthly. And be it further Enacted and Ordained by the Authority aforesaid, That the several Rates, Duties and Charges of Excise, or New Impost above mentioned, hereby set or imposed upon all and every the said Foreign Liquors which shall be Imported or brought into all, or any the Ports of this Kingdom and Dominions thereof, aforesaid, from and after the five and twentieth day of December next, shall be from time to time satisfied and paid by the Merchant or Merchants, Importer or Importers of the same, in ready money, upon his or their Entry or Entries made, and before the landing thereof. The penalty for not accounting as aforesaid. And be it further Enacted by the Authority aforesaid, That all common Brewers of Béer and Ale, shall once in every week: And all Inn-kéepers, Victuallers, and other retailers of Béer, Ale, Cider, Perry, Metheglin, or Strong-water, Brewing, Making, or Retailing the same, shall once in every month make true and particular Entries at the Office of Excise, within the limits of which the said Commodities and Manufactures are made, of all Béer, Ale, Perry, Cider, Metheglin, Strong-Water, or other the Liquors aforesaid, which they, or any of them shall Brew, make, or Retail, in that week and Month respectively, as aforesaid. The penalty for not accounting as aforesaid. And be it further Enacted by the Authority aforesaid, That all such common Brewers, who do not once a week make due and particular Entries, shall forfeit five pounds: And that every such Inn-kéeper, who doth not make true and particular Entries once a Month, shall forfeit five pounds. And that every Alehouse-kéeper, Victualler, or other Retailer, who doth not once a month make due and particular Entries, shall forfeit twenty shillings. And be it further Enacted by the Authority aforesaid, That every Common Brewer, who shall not pay and clear off within a week after he made his Entry, or aught to have made his Entry, as aforesaid, shall pay double the value of the Duty: And that every Inn-kéeper, Alehouse-kéeper, Victualler, or other Retailer, who shall not pay and clear off within a Month after he made his Entry, or aught to have made his Entry, as aforesaid, shall pay double the value of the Duty: The said respective forfeitures to be levied upon their Goods and Chattels, in such manner and form, as hereafter in this Act is Ordained and directed. Provided that no such person, as aforesaid, shall be compelled by the Commissioners, or Sub-Commissioners of Excise, No person to be compelled by the Commissioners of Excise to go further for making their entries then the next market-Town. The Commissioners for execution of this act empowered to appoint gagers. The power of the gagers. to travel for the making of the said Entries or payment of the said Duties, or other cause whatsoever, touching or concerning the same, if he live in a Market-Town, out of the said Town; if he live out of a Market-Town, then to no other place then to the next Market-Town to his habitation in the same County, on the Market-day. And be it further Enacted and Ordained by the Authority aforesaid, That the Commissioners who shall be appointed by his Majesty for putting this Act in execution, and their Sub-Commissioners in their respective Circuits, and Divisions, shall hereby have power to constitute under their Hands and Seals, such, and so many Gagers as they shall find needful: Which Gagers, and every of them, shall at all times, as well by night as by day, And if by night, then in the presence of a Constable, or other lawful Officer, be permitted upon their request, to enter the house, Brewhouse, Distilling-house, and all other houses and places whatsoever, belonging to, or used by any Brewer, Inn-kéeper, Victualler, or other retailer of Béer, Brewing, or making the same as aforesaid, or by any Distiller of Strong-waters, or Retailer of other the Liquors aforesaid, And to Gage all Coppers, Fats and Vessels in the same, And to take an account of Béer, Ale, Words, Perry, Cider, Strong-waters, Aquavite, Metheglin, or other the Liquors aforesaid, in the said Houses, Places, and Vessels, from time to time, Brewed, or Made, and Distilled; and thereof to make return or report in Writing to the said Commissioners, or Sub-Commissioners of Excise, under whose office and limits, such Brewer, Retailer, Distiller, or Makers of the Liquors aforesaid, doth dwell and inhabit, Returns made by the gagers. leaving a true Copy of such Return in Writing under his hand with such Brewer, Retailer, Distiller, or Makers of the Liquors aforesaid; And such Reports or Returns of the said Gagers shall be a Charge upon the said Brewers, Makers, and Retailers respectively; And if any such Common Brewer or Retailer shall refuse to permit any such Gager or Gagers to enter his Brewhouse or any other place aforementioned, or to gage or take account of his Brewing vessels, or of any such Béer, Ale, Words, Perry, Cider, Strong-water, Aquavite, Metheglin, or other the Liquors aforesaid, such Brewer, Retailer, or Distiller shall be forthwith forbidden by the said Gager or Gagers, to sell, carry out, or deliver to any of his Customers, any Béer, Ale, Strong-water, Aquavite, or other the Liquors aforesaid; And if any such Brewer, Retailer, or Distiller of any the liquors aforesaid, after such warning given, shall sell, carry, or deliver out the same, or any part thereof, not having paid and cleared the duty of Excise, such person and persons shall besides the forfeiture of double the value, forfeit and lose the sum of five pounds, as aforesaid, for every offence, to be levied and recovered upon his or their Goods and Chattels in manner and form as hereafter in this Act is provided. And for the avoiding of all incertainty, and dispute, What shall be reckoned a barrel of beer. touching the returns made or to be made by the Gagers of any béer or ale so brewed as aforesaid; Be it Enacted and declared by the Authority aforesaid, That every six and thirty gallons of béer taken by the gage according to the Standard of the Ale-quart, four whereof shall make the gallon, remaining in the custody of the Chamberlains of his Majesty's Exchequer, shall be reckoned, accounted, and returned by the Gager for a barrel of Béer; And every two and thirty gallons of ale, The barrel of Ale. taken by the Gage according to the same Standard, shall be in like manner reckoned, accounted and returned for a Barrel of ale; and all other the Liquors aforesaid, according to the Wine-gallon. Provided always, and be it Enacted and Ordained by the Authority aforesaid, That no Brewers or Retailers of béer and ale shall take any more in the price thereof, upon sale of the same, then according to the usual rates and prizes, Saving that every common Brewer shall and may take and receive of all and every person and persons to whom he shall sell and deliver any Ale or Béer, the Excise thereupon due, as aforesaid, over and above the usual Rates and Prizes. And be it Enacted by the Authority aforesaid, That for the better encouragement of all Common Brewers, and makers of Béer or Ale to make due entry and payment thereof, according as by this Act is appointed, the said common Brewer not selling the same by retail, for and in consideration of waste by fillings and leakage of their Béer and Ale, shall have and be allowed out of the said Returns made by the Gagers, the several allowances and abatements hereafter mentioned, Abatements and allowance to be made for waste and leakage. (that is to say) upon every three and twenty Barrels of Béer, whether strong or small, returned by the said Gagers, three Barrels; And upon every two and twenty Barrels of Ale, whether strong or small, returned by the Gagers, two Barrels; which said Allowances and Abatements the said Commissioners to be appointed as aforesaid, and their Sub-Commissioners, are hereby authorized to allow and make accordingly. Provided always, Forfeiture for false entries. That where any common Brewer shall wittingly or willingly make a false entry, and be convicted for the same before the Commissioners to be appointed as aforesaid, or any two of them, or before such other person or persons as are hereafter by this Act appointed, in that case such Brewer or Brewers shall forfeit and lose over and besides the penalties before mentioned, the said allowance so to be made for six months then next ensuing. And be it Enacted and Ordained by the Authority aforesaid, No Ale or bre● to be delivered to the retailer before the rate be paid. That no Béer or Ale shall be delivered in by such Brewer or Maker thereof to any Victualler or other Retailer thereof, until the rate which by such Victualler or retailer is to be paid over and above the price of the said Béer or Ale, for or in respect of this Duty, be first paid and satisfied by the said Victualler or retailer to the Brewer or Maker thereof. Provided always, Beer and ale sold in Fair●. That if any person or persons shall brew and sell by retail any small quantities of béer or ale in any Fair within this Realm, or Dominions aforesaid, who is not otherwise any common or usual Brewer, or retailer thereof, and shall before any such selling and retailing thereof, well and truly pay and satisfy the duty due for the same to the Commissioners or Sub-Commissioners within whose Limits or Division the said Fair shall be held, or to their Officers thereunto appointed; Then such person or persons so brewing or retailing the same, and for so much, and no more, nor otherwise, shall be freed and discharged from all penalties and forfeitures in and by this Act before mentioned and imposed; Any thing therein contained to the contrary notwithstanding. Provided nevertheless, that it shall and may be lawful to and for the said Commissioners, and Sub-Commissioners respectively, The Commissioners may compound with any Innkeeper, Retailer or Victualler. to compound for this Duty with any Inn-kéeper, Victualler, Alehouse-kéeper, or Retailer of Béer, Ale, and other the Liquors aforesaid within their respective Divisions, from time to time, and in such manner and form as may be most for the advantage and improvement of the receipts thereof: Any thing in this Act before contained to the contrary notwithstanding. Any the rates in this Act may be farmed for three years. And it is further Ordained and Enacted by the Authority aforesaid, That the Lord Treasurer, or Commissioners of the Treasury for the time being, or such other person or persons as His Majesty, shall appoint, shall have power, and are hereby authorised and impowered from time to time to treat, contract, conclude and agree with any person or persons for or concerning the Farming of all or any the Rates, Duties and Charges in this Act mentioned upon Béer, Ale, Perry, Cider, or other the Liquors aforesaid, in any the respective Counties, Cities or Places of this Realm or Dominions thereof, as may be for the greatest benefit and advantage of the said Receipt, so as the same exceed not the term of Three years. And be it further Enacted, That every such Contract, Bargain, and Agreement of the Lord Treasurer, or Commissioners of the Treasury, or other persons aforesaid, on behalf of His Majesty on the one part, and the person or persons farming on the other part, shall be good and effectual in Law, to all intents and purposes. Provided always, to the end the aforesaid duty may be paid with most ease to the people; It is hereby further Enacted, Persons contracting that be nominated by the justice of the Peace in every County shall have the refusal of any Farm. That the Lord Treasurer, Commissioners of the Treasury, or other persons aforesaid, shall not within six months after the Commencement of this Act, treat, conclude, or agree with any person or persons touching the Farming of this duty upon Béer and Ale in any the respective Counties or Places of this Realm, or Dominions thereof, other then with such person or persons as by the justices of Peace of the said Counties or places, or the major part of them, at their public Quarter Sessions shall be nominated and appointed in that behalf, which person or persons is to have the first refusal of any such Farm respectively, and may take the same; Any thing in this Act to the contrary thereof in any wise notwithstanding. Provided, that the said duty shall not be let to any other person or persons, then to the person or persons recommended by the justices, under the rate that it shall be tendered to, and refused by such person or persons so recommended. Forfeitures & offences within this Act where determined. And be it further Enacted and Ordained by the Authority aforesaid, That all forfeitures and offences made, done and committed against this Act, or any clause or article therein contained, shall be heard, adjudged and determined by such person or persons, and in such manner and form as hereafter in and by this Act is directed and appointed; that is to say, all such forfeitures and offences made and committed within the immediate limits of the chief Office in London, shall be heard, adjudged and determined, by the said chief Commissioners and Governors of Excise (appointed by His Majesty) or the major part of them, or by the Commissioners for Appeals, and regulating of this duty, or the major part of them in case of Appeal, and not otherwise. And all such forfeitures and offences made and committed within all, or any other the Counties, Cities, Towns or Places within this Kingdom, or Dominions thereof, shall be heard and determined by any two or more of the justices of the Peace residing near to the place where such forfeitures shall be made, or offence committed: And in case of neglect or refusal of such justices of the Peace, by the space of 14 days next after complaint made, and notice thereof given to the Offender, than the Sub-Commissioners, or the major part of them appointed for any such City, County, Town, or Place, shall, and are hereby impowered to hear and determine the same; And if the party find himself aggrieved by the judgement given by the said Sub-Commissioners, Appeals by parties grieved. he shall and may appeal to the justices of the Peace at the next Quarter Sessions, who are hereby impowered and authorised to hear and determine the same, whose judgement therein shall be final; which said Commissioners for Appeals and regulating of this duty, and the chief Commissioners for Excise, and all justices of Peace, and Sub-Commissioners aforesaid respectively, are hereby authorised, and strictly enjoined and required upon any complaint or information exhibited and brought of any such forfeiture made, or offence committed contrary to this Act, to summon the party accused, and upon his appearance, or contempt to proceed to the examination of the matter of Fact, and upon due proof made thereof, either by the voluntary confession of the party, or by the oath of one or more credible witnesses (which Oath they, or any two or more of them, have hereby power to administer) to give judgement or Sentence, according as in and by this Act is before ordained and directed; And to award and issue out Warrants under their hands for the levying of such forfeitures, penalties and fines, as by this Act is imposed, for any such offence committed, upon the Goods and Chattels of the Offender, and to cause Sale to be made of the said Goods and Chattels, (if they shall not be redeemed within fourtéen days) rendering to the party the overplus (if any be) and for want of sufficient Distress, to imprison the party offending till satisfaction be made. Provided nevertheless, That it shall and may be lawful, Fines and forfeitures may be mitigated. to and for the said respective justices of Peace, Commissioners for Excise, or any two of them, or their Sub-Commissioners respectively, from time to time, where they shall see cause to mitigate, compound or lessen such forfeiture, penalty or fine, as in their discretion they shall think fit; And that every such mitigation and payment thereupon accordingly made, shall be a sufficient discharge of the said penalties and forfeitures to the persons so offending, so as by such mitigation the same be not made less than double the value of the duty of Excise, which should or ought to have been paid, besides the reasonable costs and charges of such Officer or Officers, or others, as were employed therein, to be to them allowed by the said justices; any thing in this Act to the contrary in any wise notwithstanding. And it is hereby further Enacted and Ordained, That all Fines, How the fines and forfeitures shall be employed. Forfeitures and Penalties mentioned in this Act, all necessary charges for the recovery thereof being first deducted, shall be employed, three fourth parts thereof to and for the use of the King's Majesty, and the other 4th part to the Discoverer or Informer of the same: And for the better managing, collecting, securing, levying and recovering of all and every the said rates and charges of Excise hereby imposed, and set upon all or any of the Commodities before mentioned, to the end, the same may be paid and disposed of according to the intent of this present Act: Be it further Enacted and Ordained by the authority aforesaid, and it is hereby Enacted, That one principal Head-Office shall be erected and continued in the City of London, or within ten miles thereof, from time to time, as long as his Majesty shall think fit for this duty, unto which all other Offices for the same within England and Wales, and the Town and Port of Berwick, shall be subordinate and accountable: Which said Office shall be managed by such Officers as shall be appointed by the King's Majesty as aforesaid, who, or any two of them, Commissioners and Governors for managing the Receipts of Excise, are hereby appointed and constituted Commissioners and Governors for the management of His Majesty's Receipt of the Excise, and to sit in some convenient place in the City of London, or within ten miles thereof, from time to time, as long as his Majesty shall think fit. And be it Enacted by the Authority aforesaid, That no person or persons shall be capable of intermeddling with any Office or Employment relating to the Excise, until he or they shall before two or more justices of Peace in the County where his or their employments shall be, or before one of the Barons of the Exchequer, take the Oaths of Allegiance and Supremacy, which Oaths they have hereby power to Administer, together with this Oath following, Mutatis Mutandis. The Oath. YOU shall swear to execute the Office of _____ truly and faithfully without Favour or Affection, and shall from time to time true Account make, and deliver to such person and persons as His Majesty shall appoint to receive the same, and shall take no Fee or Reward for the Execution of the said Office, from any other person, than from His Majesty, or those whom His Majesty shall appoint in that behalf. And be it further Enacted by the Authority aforesaid, Certificates at the next quarter sessions. London, Westminster, Southwark. Officers to be appointed by his Majesty. That every such justice of Peace shall certify the taking of such Oath to the next Quarter-Sessions, there to be Recorded; And it is further Enacted, That all parts of the Cities of London and Westminster, with the Burrow of Southwark, and the several Suburbs thereof, and Parishes within the wéekly Bills of Mortality shall be under the immediate care, inspection and management of the said Head-Office, and such, and so many subordinate Commissioners, and Sub-Commissioners, and other Officers and Ministers for the Execution of the Premises shall be from time to time nominated and appointed by His Majesty, his Heirs and Successors, in all and every other the Counties, Cities, Towns, and Places within this Kingdom of England, Dominion of Wales, and Port of Berwick, as from time to time his Majesty, his Heirs and Successors shall think fit. And it is hereby further Enacted, That the said Office of Excise in all places where it shall be appointed, The Excise office to be kept open. shall be kept open from eight of the Clock in the morning, till twelve of the Clock at noon; and from two of the Clock in the Afternoon, till five of the Clock in the Afternoon, for the due execution and performance of all and every the matters and things in this Act appointed and required. The moneys collected to be paid into the receipt of the Exchequer. And it is further hereby Enacted, That the said Chief Commissioners of Excise, or the major part of them, shall from time to time issue forth and pay such sum and sums of money, as shall from time to time be received, collected or levied by virtue of this Act, into his Majesty's Receipt of Exchequer. Provided always, and be it Enacted, Persons sued may plead the general issue. That if any person or persons shall at any time be sued or prosecuted for any thing by him or them done or executed in pursuance of this Act, he or they shall and may plead the general issue, and give this Act in evidence for his defence; and if upon the Trial a Verdict shall pass for the Defendant or Defendants, or the Plaintiff or Plaintiffs be Nonsuit, than such Defendant or Defendants shall have double costs to him or them awarded against such Plaintiff or Plaintiffs. Provided also, and be it Enacted, Writs of Certiorari shall not supersede any proceed. That no Writ or Writs of Certiorari shall supersede Execution or other Proceed, upon any Order or Orders made by the justice's aforesaid in pursuance of this Act, but that Execution and other proceed shall and may be had and made thereupon, any such Writ or Writs, or allowance thereof notwithstanding. Provided always, and be it further Enacted, That this Act, or any thing therein contained, Proviso for Ed. Backwell. for payment of 2●4. ●●. shall not be prejudicial to Edward Backwell Alderman of London, as to the sum of twenty eight thousand, four hundred and fifty pounds (or any part thereof) by him advanced upon the Credit of several Orders of this present Parliament, and by them charged on the receipt of the Grand Excise: that is to say, the sum of Five thousand pounds payable to his Majesty's Surveyor-General for the repair of his Majesty's houses, charged by virtue of an Order of the sixth of September, 1660. with Interest for the same; the sum of ten thousand pounds advanced to her Highness the Prince's Royal, being charged with Interest by an Order of the 13th of September, 1660. the sum of ten thousand pounds payable to her Majesty the Queen of Bohemia, being charged, together with Interest, by an Order of the 13th of September, 1660. the sum of three thousand four hundred and fifty pounds payable for Provisions for Dunkirk, by an Order of the 26th of November, 1660. which sum of twenty eight thousand four hundred and fifty pounds, together with Interest for the same, according to the tenor of the said Orders, after the rate of six per Cent. shall be paid to the said Edward Backwell, or his Assigns, out of the Grand Excise, and the Arrears thereof in course, as is by the said Orders appointed; and in case the same shall fall short in payment by the Twenty fifth of December, One thousand six hundred and sixty, that then the remainder shall continue secured to him out of the whole Excise in course as aforesaid, and that no other payments be made out of the Excise, but what is appointed by this present Parliament in course to precede the same, until the said debt due to the said Edward Backwell, be satisfied; and that in case any part of the moneys due to Alderman Backwell, be paid out of that part of the Excise which shall grow due to the King's Majesty; that then his Majesty shall be reimbursed the same out of the first moneys that shall come in of the Arrears of Excise that will be due the said twenty fifth of December. Stat 13 Car. 2. cap. 7. CAP. XXIV. The Court of Wards and Liveries, and Tenors in Capite, and by Knights-Service, and Purveyance, taken away, and a Revenue settled upon His Majesty in Lieu thereof. Whereas it hath been found by former experience, That the Court of Wards and Liveries, and Tenors by Knights-service, either of the King or others, or by Knights-service in Capite, or Soccage in Capite of the King, and the consequents upon the same have been much more burdensome, The reasons of this Act. grievous and prejudicial to the Kingdom, than they have been beneficial to the King: and whereas since the intermission of the said Court, which hath been from the Four and twentieth day of February, which was in the year of our Lord One thousand six hundred forty and five, many Persons have by Will and otherwise made disposal of their Lands held by Knights-service, whereupon divers Questions might possibly arise, unless some seasonable remedy be taken to prevent the same; Be it therefore Enacted by the King our Sovereign Lord, with the assent of the Lords and Commons in Parliament assembled, and by the Authority of the same, and it is hereby Enacted, The Court of Wards and Liveries, Primer-Seisin, etc. taken away. That the Court of Wards and Liveries, and all Wardships, Liveries, Primer-Seisins, and Ousterlemains, Values and forfeitures of Marriages, by reason of any Tenure of the King's Majesty, or of any other by Knights-service, and all mean Rates, and all other Gifts, Grants, Charges incident or arising, for, or by reason of Wardships, Liveries, Primer-Seisins, or Ousterlemains, be taken away and discharged, and are hereby Enacted to be taken away and discharged, from the said twenty fourth day of February, One thousand six hundred forty five, any Law, Statute, Custom, or Usage, to the contrary hereof in any wise notwithstanding; Fines for alienations, etc. taken away. 1 Car. 1. cap. 3. And that all Fines for Alienations, Seizures, and Pardons for Alienations, Tenure by Homage and all Charges incident, arising, for or by reason of Wardship, Livery, Primer-Seisin, or Ouster-le-main, or Tenure by Knights-service, Escuage, and also Aid pur file merrier, & pur fair fits Chivalier, and all other Charges incident thereunto, be likewise taken away and discharged, from the said Twenty fourth day of February, One thousand six hundred forty and five, any Law, Tenors by Knight's service, taken away. Statute, Custom, or Usage to the contrary hereof in any wise notwithstanding: And that all Tenors by Knights-Service of the King, or of any other person, and by Knights-Service in Capite, and by Soccage in Capite of the King, and the Fruits and consequents thereof, happened, or which shall or may hereafter happen or arise thereupon, or thereby, be taken away and discharged, Any Law, Statute, Custom or usage to the contrary hereof in any wise notwithstanding. And all Tenors of any Honours, Manors, Lands, Tenements, or Hereditaments, or any Estate of Inheritance at the Common-Law, held either of the King, or of any other person or persons, Bodies Politic, or Corporate, are hereby Enacted to be turned into free and common Soccage, to all intents and purposes, from the said Twenty fourth day of February, One thousand six hundred forty five, and shall be so construed, adjudged and deemed to be from the said Twenty fourth day of February, One thousand six hundred forty five, and for ever thereafter turned into free and common Soccage, Any Law, Statute, Custom, or usage to the contrary hereof, in any wise notwithstanding. Tenors by damage, escuage, etc. discharged. And that the same shall for ever hereafter stand and be discharged of all Tenure by Homage, Escuage, Voyages-Royal, and charges for the same, Wardships incident to Tenure by Knights-Service, and values and forfeitures of marriage, and all other charges incident to tenure by Knights-service, And of and from Aid pur file merrier, and Aid pur fair fitz Chivalier, any Law, Statute, Usage, or Custom to the contrary in any wise notwithstanding. And that all Conveyances and Devises of any Manors, Lands, Tenements, and Hereditaments, made since the said 24th of February, shall be expounded to be of such effect, as if the same Manors, Lands, Tenements, and Hereditaments, had been then held and continued to be holden in free and common Soccage only, any Law, Statute, Custom, or usage to the contrary hereof in any wise notwithstanding. And be it further ordained and enacted by the authority of this present Parliament, The Acts of 32 H. 8. cap. 6. & 33 H 8. cap. 22. repealed. That one act made in the reign of King Henry the 8th. Entitled, An Act for the establishment of the Court of the King's Wards; And also one Act of Parliament made in the 33. year of the reign of the said King Henry the 8th. concerning the Officers of the Court of Wards and Liveries, and every Clause, Article and Matter in the said Acts contained, shall from henceforth be repealed, and utterly void. And be it further Enacted by the authority aforesaid, All tenors to be created by the King hereafter shall be free and common soccage. That all tenors hereafter to be created by the King's Majesty, his Heirs or Successors, upon any gifts or grants of any Manors, Lands, Tenements, or Hereditaments, of any Estate of Inheritance at the common law, shall be in free and common soccage, and shall be adjudged to be in free and common soccage only, and not by Knight's Service, or in Capite, and shall be discharged of all Wardship, value and forfeiture of marriage, Livery, Primer-Seizin, Ouster le main, Aid pur fair fits Chivalier, and pur file merrier, any Law, Statute, or reservation to the contrary thereof in any wise notwithstanding. Provided nevertheless, and be it Enacted, That this Act, or any thing therein contained, Proviso for rents certain, herriots, etc. shall not take away, nor be construed to take away any Rents certain, Herriots, or Suits of Court, belonging or incident to any former Tenure now taken away or altered by virtue of this Act, or other Services incident or belonging to Tenure in common Soccage due, or to grow due to the King Majesty, or mean Lords, or other private person, Fines for Alienations due by particular customs of Manors. or the fealty and distresses incident thereunto; And that such relief shall be paid in respect of such Rents as is paid in case of the death of a Tenant in common Soccage. Provided always, and be it enacted, That any thing herein contained shall not take away nor be construed to take away any Fines for Alienation due by particular customs of particular Manors & places, other than fines for alienations of lands or Tenem. holden immediately of the K. in Capite. Provided also, and be it further Enacted, That this Act, or any thing therein contained, Tenors in Frank Almoigne. Copy of court Roll. shall not take away, or be construed to take away Tenors in Frank Almoigne, or to subject them to any greater or other services then now are; nor to alter or change any Tenure by Copy of Court Roll, or any services incident thereunto, nor to take away the honorary services of Grand Serjeanty, other then of Wardship, Marriage, and value of Forfeiture of Marriage, Escuage, Voyages Royal, and other charges incident to Tenure by Knight's Service; Honorary services. and other than Aid pur fair fitz Chivalier, and Aid pur file merrier. And be it further Enacted by the authority aforesaid, That where any person hath, or shall have, Parents may dispose of the custody of children during their minority. and Child or Children under the age of 21 years, and not married at the time of his death. That it shall and may be lawful to and for the Father of such child or children, whether born at the time of the decease of the Father, or at that time in ventre sa mere; or whether such Father be within the age of 21 years, or of full age, by his Deed executed in his life time, or by his last Will and Testament in writing, in the presence of two or more credible witnesses, in such manner, and from time to time as he shall respectively think fit to dispose of the custody and tuition of such child or children, for, and during such time as he or they shall respectively remain under the age of 21 years, or any lesser time, to any person or persons in possession or remainder, other then Popish Recusants: And that such disposition of the custody of such child or children made since the 24th. of February, Actions of ravishment of wards. 1645. or hereafter to be made, shall be good and effectual against all and every person or persons claiming the custody or tuition of such child or children as Guardian in soccage or otherwise: And that such person or persons to whom the custody of such child or children hath been, or shall be so disposed or devised as aforesaid, shall and may maintain an action of Ravishment of Ward, or Trespass, against any person or persons which shall wrongfully take away or detain such child or children, for the recovery of such child or children, and shall and may recover damages for the same in the said Action, for the use and benefit of such child or children. And be it further Enacted, The sands of children, and the management of their personal estate by their guardians. That such Person or Persons to whom the custody of such Child or Children hath been, or shall be, so disposed or devised, shall and may take into his or their custody to the use of such Child or Children, the profits of all Lands, Tenements, and Hereditaments of such Child or Children; and also the custody, tuition and management of the Goods, Chattels, and personal Estate of such Child or Children, till their respective Age of 21 years, or any lesser time according to such disposition aforesaid; and may bring such Action or Actions in relation thereunto, as by Law a Guardian in common soccage might do; Provided also, That this Act, or any thing therein contained, shall not extend to alter or prejudice the custom of the City of London, nor of any other City or Town Corporate, or of the Town of Berwick on Tweed concerning Orphans; nor to discharge any Apprentice from his Apprenticeship. Provided also, That neither this Act, nor any thing therein contained, Proviso touching Titles of honour feodal. shall infringe or hurt any Title of Honour, Feodal, or other, by which any person hath, or may have right to sit in the Lord's House of Parliament, as to his or their Title of Honour, or sitting in Parliament, and the privilege belonging to them as Péers; This Act, or any thing therein contained to the contrary in any wise notwithstanding. And whereas by like experience it hath been found, Purveyances and provisions for the King's household taken away. Alt. St. 13 Car. 2. cap. 7. that though divers good strict and wholesome Laws have been made in the times of sundry his Majesty's most noble Progenitors, some extending so far as to life, for Redress of the grievances and oppressions committed by the persons employed for making provisions for the King's household, Carriages and other purveyance for his Majesty, and his occasions; Yet divers oppressions have been still continued, and several Counties have submitted themselves to sundry Rates and Taxes, and Compositions, to redéem themselves from such vexations and oppressions: And forasmuch as the Lords and Commons assembled in Parliament do find that the said Remedies are not fully effectual, and that no other remedy will be so effectual and just, as to take away the occasion thereof, especially if satisfaction and recompense shall be therefore made to his Majesty, his Heirs and Successors, which is hereby provided to his Majesty's good liking and content; His Majesty is graciously pleased, 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 and Commons in this present Parliament assembled, That from henceforth no sum or sums of Money, or other thing shall be taken, raised, tared, rated, imposed, paid, or levied, for or in regard of any provision, Carriages, or purveyance for his Majesty, His Heirs or Successors. Purveyances for the King, Queen, etc. And that henceforth no person or persons by any Warrant, Commission, or Authority under the Great Seal, or otherwise, by colour of buying or making provision or purveyance for his Majesty, or any Queen of England for the time being, or of any the Children of any King or Queen of England for the time being, Timber. Carts. Carriages, etc. taken away. or that shall be, or for his, their, or any of their Household, shall take any Timber, Fuel, , Corn, Grain, Malt, Hay, Straw, Victual, Cart, Carriage, or other thing whatsoever of any the Subjects of His Majesty, His Heirs or Successors, without the free and full consent of the Owner or Owners thereof, had and obtained without menace or enforcement; nor shall summon, warn, take, use, or require any the said Subjects to furnish or find any Horses, Oxen, or other , Carts, Ploughs, Wains, or other Carriages, for the use of His Majesty, His Heirs or Successors, or of any Queen of England, or of any Child or Children of any the Kings or Queen's of England for the time being, for the carrying the Goods of His Majesty, His Heirs or Successors, or the said Queen's, or Children, or any of them, without such full and free consent as aforesaid, any Law, Statute, Custom, or Usage, to the contrary notwithstanding. No pre-emption to be allowed or claimed in behalf of the King, etc. And be it further Enacted, That no pre-emption shall be allowed or claimed in the behalf of His Majesty, or of any His Heirs or Successors, or of any the Queen's of England, or of any the Children of the Royal Family for the time being, in Market or out of Market; but that it be for ever hereafter free to all and every of the Subjects of His Majesty, to sell, dispose, or employ his said Goods to any other person or persons as himself listeth, any pretence of making provision or purveyance of Victual, Carriages, or other thing for his Majesty, His Heirs or Successors, or of the said Queen's, or Children, or any pretence of pre-emption in their, or any of their behalves notwithstanding. And if any person or persons shall make provision or purveyance for His Majesty, His Heirs or Successors, The Penalty. or any the Queen's, or Children aforesaid, or impress or take any such Carriages, or other things aforesaid, on any pretence or colour of any Warrant aforesaid, under the Great Seal, or otherwise, contrary to the intent hereof; it shall be be lawful for the justices of Peace, or such two or one of them as dwell near, and to the Constables of such parish or Village where such occasion shall happen, at the request of the party grieved: And they are hereby enjoined to commit, or cause to be committed the party or parties so doing and offending to Gaol till the next Sessions, there to be indicted and proceeded against for the same; and that the Officers and Inhabitants of the Village or Parish where such offence shall happen, shall be assistant therein; and moreover, the party grieved shall have his Action or Actions against such offender or offenders, and therein recover his triple damages and triple costs: In which Action, no Essoin, Wager of Law, Aid-prayer, Privilege, Protection, Imparlance, Injunction, or Order of Restraint, No action upon this Statute to be stayed, but by Order of the Court where such action depends. shall be granted or allowed: And if any person or persons shall (after notice given, that the Action depending is grounded upon this Statute) cause or procure any Action at the common Law, grounded on this Statute, to be delayed or stayed before judgement, by colour or means of any Order, Power, Warrant, or Authority, save only of the Court where such Action shall be brought and depending, or after judgement had upon such Action, shall cause or procure Execution of such judgement to be stayed or delayed by colour or means of any Order, Warrant, Power, or Authority, save only by Writ of Error, or Attaint, or Order of such Court where such Writof Error or Attaint shall be depending, That then the person so offending shall incur the pains, penalties, Praemunire. and forfeitures ordained and provided by the Statute of Provision and Praemunire, made in the sixtéenth year of the Reign of King Richard the second; Provided always, That this Act extend not to prejudice any of His Majesty's Rights, Titles, or Duties of, in, or to, or out of any Tin in the Stannaries of Devon and Cornwall, Proviso for the Stannaries. Butserage, Prisage. nor to prejudice the ancient Duties of Butlerage and Prizage of Wines; but that the same shall be in the same plight that the same were, before the making of this Act, any thing herein contained to the contrary in any wise notwithstanding: Recompense to his Majesty for the Court of Wards and Purveyances. And now to the intent and purpose that His Majesty, His Heirs and Successors, may receive a full and ample Recompense and Satisfaction, as well for the profits of the said Court of Wards, and the Tenors, Wardships, Liveries, Primer-Seizins, Ousterlemaines', and other the Premises and Perquisites incident thereunto; and for all Arrears any way due for the same, as also for all and all manner of Purveyance and Provisions herein before mentioned, and intended to be taken away and abolished; and all sums of money due, or pretended to be due, or payable for, and in respect of any compositions for the same: 12 Car. 2. cap. 23. Rates of the Excise. Be it therefore Enacted by the Authority aforesaid, That there shall be paid unto the King's Majesty, His Heirs and Successors for ever hereafter, in recompense as aforesaid, the several Rates Impositions, Duties and Charges herein after expressed, and in manner and form following (that is to say) For every Barrel of Beer or Ale above six shillings the barrel, brewed by the Common Brewer, or any other Person or Persons who doth or shall sell or tap out beer or Ale publicly or privately, to be paid by the common Brewer, or by such other person or persons respectively, and so proportionably for a greater or lesser quantity, One shilling three pence. XV. d. For every barrel of Six shillings Beer or Ale, or under, brewed by the common Brewer, or any other person or persons, who doth or shall sell or tap out such Beer or Ale publicly or privately, to be paid by the said common Brewer, or by such other person or persons respectively as aforesaid, and so proportionably for a greater or lesser quantity, three pence. iij. d. For all Cider and Perry made and sold by retail, upon every Hogshead to be paid by the retailer thereof, and so proportionably for a greater or lesser measure, One shilling three pence. XV. d. For all Metheglin or Mead sold, whether by Retail or otherwise, to be paid by the maker thereof upon every Gallon, One halfpenny. Ob. For every Barrel of Beer, commonly called Vinegar-Beer, brewed by any common Brewer, in any common Brewhouse, six pence. Vi. d. For every Gallon of Strong-water or Aquavitae, made and sold, to be paid by the maker thereof, One penny. i d. For every barrel of Beer or Ale Imported from beyond the Seas, Three Shillings. iij. s. For every Tun of Cider or Perry Imported from beyond the Seas, and so proportionably for a greater or lesser quantity, Five shillings. V s. For every gallon of Spirits made of any kind of Wine or Cider Imported, Two pence. ij. d. For every gallon of Strong-water perfectly made, Imported from beyond the Seas, Four pence. iiij. d. For every Gallon of Coffee made and sold, to be paid by the maker, Four pence. iiij. d. For every gallon of Chocolatte, Sherbet and Tea, made and sold, to be paid by the maker thereof, Eight pence. Viij. d. And be it further Enacted and Ordained by the Authority aforesaid, That the several Rates, Rates of Excise upon foreign Liquors imported, to be paid in money before landing. Duties and Charges of Excise, or New Impost above mentioned, hereby set or imposed upon all and every the said Foreign Liquors which shall be Imported or brought into all, or any the Ports of this Kingdom and Dominions thereof, aforesaid, from and after the five and twentieth day of December next, shall be from time to time satisfied and paid by the Merchant or Merchants, Importer or Importers of the same, in ready money, upon his or their Entry or Entries made, and before the landing thereof. And be it further Enacted by the Authority aforesaid, Entries to be made at the Office of Excise by Common Brewers, Innkeepers, etc. That all common Brewers of Béer and Ale, shall once in every week: And all Inn-kéepers, Alehouse-kéepers, Victuallers, and other retailers of Béer, Ale, Cider, Perry, Metheglin, or Strong-water, Brewing, Making, or Retailing the same, shall once in every month make true and particular Entries at the Office of Excise, within the limits of which the said Commodities and Manufactures are made, of all Béer, Ale, Perry, Cider, Metheglin, Strong-Water, or other the Liquors aforesaid, which they, or any of them shall Brew, make, or Retail, in that week and Month respectively, as aforesaid. And be it further Enacted by the Authority aforesaid, That all such common Brewers, The penalty for not making Entries. who do not once a week make due and particular Entries, shall forfeit ten pounds: And that every such Inn-kéeper, who doth not make true and particular Entries once a Month, shall forfeit five pounds. And that every Alehouse-kéeper, Victualler, or other Retailer, who doth not once a month make due and particular Entries, shall forfeit twenty shillings. And be it further Enacted by the Authority aforesaid, That every Common Brewer, The penalty for not paying. who shall not pay and clear off within a week after he made his Entry, or aught to have made his Entry, as aforesaid, shall pay double the value of the Duty: And that every Inn-kéeper, Alehouse-kéeper, Victualler, or other Retailer, who shall not pay and clear off within a Month after he made his Entry, or aught to have made his Entry, as aforesaid, shall pay double the value of the Duty: The said respective forfeitures to be levied upon their Goods and Chattels, in such manner and form, as hereafter in this Act is Ordained and directed. Provided that no such person, as aforesaid, shall be compelled by the Commissioners, or Sub-Commissioners of Excise, In what places Entries shall be made to travel for the making of the said Entries, or payment of the said Duties, or other cause whatsoever, touching or concerning the same, if he live in a Market Town, out of the said Town; if he live out of a Market Town, then to no other place, then to the next Market Town to his habitation in the same County on the Market day. The powers of the Commiss oners to appoint Gagers. The powers of the Gagers. And be it further Enacted and Ordained by the Authority aforesaid, That the Commissioners who shall be appointed by his Majesty for putting this Act in execution, and their Sub-Commissioners in their respective circuits and divisions, shall hereby have power to constitute under their Hands and Seals such and so many Gagers as they shall find needful: Which Gagers, and every of them, shall at all times, as well by Night as by Day, And if by Night, then in the presence of a Constable, or other lawful Officer, be permitted upon their request to enter the House, Brewhouse, Distilling-house, and all other Houses and Places whatsoever belonging to, or used by any Brewer, Inn-kéeper, Victualler, or other Retailer of Béer, Brewing or Making the same as aforesaid, or by any Distiller of Strong-Waters, or Retailer of other the Liquors aforesaid, And to Gage all Coppers, Fats and Vessels in the same, and to take an account of Béer, Ale, Words, Perry, Strong-Waters, Aquavite, Metheglin, or other the Liquors aforesaid, in the said Houses, Places, and Vessels, from time to time Brewed, or Made, and Distilled; and thereof to make Return or Report in Writing to the said Commissioners, or Sub-Commissioners of Excise, under whose Office and Limits such Brewer, Retailer, Distiller, or Maker of the Liquors aforesaid, doth dwell and inhabit, leaving a true Copy of such Return in writing under his hand with such Brewer, Retailer, Distiller or Makers of the Liquors aforesaid; And such Reports or Returns of the said Gagers shall be a charge upon the said Brewers, Makers and Retailers respectively; And if any such common Brewer, Maker or Retailer, shall refuse to permit any such Gager or Gagers to enter his Brewhouse, or any other places aforementioned, or to gage or take account of his Brewing-Vessels, or any such Béer, Ale, Words, Perry, Cider, Strong-Water, Aquavite, Metheglin, or other the Liquors aforesaid, such Brewer, Retailer or Distiller, shall be forthwith forbidden by the said Gager or Gagers to sell, carry out, or deliver to any of his Customers any Béer, Ale, Strong-Water, Aquavite, or other the Liquors aforesaid; And if any such Brewer, Penalty for selling, etc. not having cleared the Excise. Retailer or Distiller of any the Liquors aforesaid after such warning given, shall sell, carry or deliver out the same, or any part thereof, not having paid and cleared the duty of Excise, such person and persons shall besides the forfeiture of double the value, forfeit and lose the sum of Ten pounds as aforesaid for every offence, to be levied and recovered upon his or their Goods and Chattels, in manner and form as hereafter in this Act is provided. Proportions to be observed in returns of Gagers. And for the avoiding of all Incertainty, and dispute, touching the returns made or to be made by the Gagers of any Béer or Ale so Brewed as aforesaid; Be it enacted and declared by the Authority aforesaid, That every six and thirty Gallons of Béer taken by the Gage according to the Standard of the Ale-quart, four whereof shall make the Gallon, remaining in the custody of the Chamberlains of his Majesty's Exchequer, shall be reckoned, accounted, and returned by the Gager for a Barrel of Béer; And every two and thirty Gallons of Ale, taken by the Gage according to the same Standard, shall be in like manner reckoned, accounted, and returned for a Barrel of Ale; And all other the Liquors aforesaid according to the Wine-gallon. Brewers and Retailers to observe the usual rates and prizes. Provided always, and be it Enacted and Ordained by the Authority aforesaid, That no Brewers or Retailers of Béer and Ale shall take any more in the price thereof, upon Sale of the same, then according to the usual Rates and Prices, saving that every common Brewer shall and may take and receive of all and every person and persons to whom he shall sell and deliver any Béer or Ale, the Excise thereupon due as aforesaid, over and above the usual Rates and Prizes. Encouragement to Brewers to make true Entries. And be it Enacted by the Authority aforesaid, That for the better encouragement of all common Brewers or Makers of Béer or Ale to make due entry and payment thereof, according as by this Act is appointed, the said common Brewer not selling the same by Retail, for and in consideration of waste by fillings and leakage of their Béer and Ale, shall have and be allowed out of the said Returns made by the Gagers, Allowance for Waste and Leakage. the several allowances and abatements hereafter mentioned, (that is to say) upon every three and twenty Barrels of Beer, whether strong or small, returned by the said Gagers, three Barrels; And upon every two and twenty Barrels of Ale, whether strong or small, returned by the Gagers two Barrels; which said allowances and abatements the said Commissioners to be appointed as aforesaid, and their Sub-Commissioners are hereby authorized to allow and make accordingly. Forfeiture for making false Entries. Provided always, That where any common Brewer shall wittingly or willingly make a false Entry, and be convicted for the same before the Commissioners to be appointed as aforesaid, or any two of them, or before such other person or persons as are hereafter by this Act appointed, in that case such Brewer or Brewers shall forfeit and lose over and besides the penalties before mentioned, the said allowance so to be made for six months then next ensuing. No Beer, etc. to be delivered by the Brewer, until the Excise be paid by the Retailer. And be it Enacted and Ordained by the Authority aforesaid, That no Béer or Ale shall be delivered in by such Brewer or Maker thereof to any Victualler, or any Retailer thereof, until the Rate which by such Victualler or Retailer is to be paid over and above the price of the said Béer or Ale, for or in respect of this duty, be first paid and satisfied by the said Victualler or Retailer to the Brewer or Maker thereof. Provided always, That if any person or persons shall brew and sell by retail any small quantities of béer or ale in any Fair within this Realm, Proviso for Beer and Ale sold in Fairs. or Dominions aforesaid, who is not otherwise any common or usual Brewer, or Retailer thereof, and shall before any such selling and retailing thereof, well and truly pay and satisfy the duty due for the same to the Commissioners or Sub-Commissioners within whose Limits or Division the said Fair shall be held, or to their Officers thereunto appointed; Then such person or persons so brewing or retailing the same, and for so much, and no more, nor otherwise, shall be freed and discharged from all penalties and forfeitures in and by this Act before mentioned and imposed; Any thing therein contained to the contrary notwithstanding. Provided nevertheless, that it shall and may be lawful to and for the said Commissioners, The Commissioners may compound for the Excise in their Divisions. and Sub-Commissioners respectively, to compound for this Duty with any Inn-kéeper, Victualler, Alehouse-kéeper, or Retailer of Béer, Ale, and other the Liquors aforesaid within their respective Divisions, from time to time, and in such manner and form as may be most for the advantage and improvement of the receipts thereof: Any thing in this Act before contained to the contrary notwithstanding. And it is further Ordained and Enacted by the Authority aforesaid, That the Lord Treasurer, The power of the Lord Treasurer, etc. to contract for farming any the rates or duties in this Act. or Commissioners of the Treasury for the time being, or such other person or persons as His Majesty, His Heirs and Successors, shall appoint, shall have power, and are hereby authorised and impowered from time to time to treat, contract, conclude and agree with any person or persons for or concerning the Farming of all or any the Rates, Duties and Charges in this Act mentioned upon Béer, Ale, Perry, Cider. or other the Liquors aforesaid, in any the respective Counties, Cities or Places of this Realm or Dominions thereof, as may be for the greatest benefit and advantage of the said Receipt, so as the same exceed not the term of Three years. And be it further Enacted, That every such Contract, Bargain, and Agreement of the Lord Treasurer, or Commissioners of the Treasury, or other persons aforesaid, on behalf of His Majesty on the one part, and the person or persons farming on the other part, shall be good and effectual in Law, to all intents and purposes. Provided always, to the end the aforesaid duty may be paid with most ease to the people; Persons to be approved by the justices of the Peace, etc. within six months, to have the refusal of contracting for the Excise in these respective Counties. It is hereby further Enacted, That the Lord Treasurer, Commissioners of the Treasury, or other persons aforesaid, shall not within six months after the Commencement of this Act, treat, conclude, or agree with any person or persons touching the Farming of this duty upon Béer and Ale in any the respective Counties or Places of this Realm, or Dominions thereof, other then with such person or persons as by the justices of Peace of the said Counties or places, or the major part of them, at their public Quarter Sessions shall be nominated and appointed in that behalf, which person or persons is to have the first refusal of any such Farm respectively, and may take the same; Any thing in this Act to the contrary thereof in any wise notwithstanding. Provided, that the said duty shall not be let to any person or persons, then to the person or persons recommended by the justices, under the rate that it shall be tendered to, and refused by such person or persons so recommended. And be it further Enacted and Ordained by the Authority aforesaid, Forfeiture and offences within this Act how to be determined. That all forfeitures and offences made, done and committed against this Act, or any clause or article therein contained, shall be heard, adjudged and determined by such person or persons, and in such manner and form as hereafter in and by this Act is directed and appointed; that is to say, all such forfeitures and offences made and committed within the immediate limits of the chief Office in London, shall be heard, London. adjudged and determined, by the said chief Commissioners and Governors of Excise (appointed by His Majesty) or the major part of them, or by the Commissioners for Appeals, and regulating of this duty, or the major part of them in case of Appeal, and not otherwise. Counties, Cities, etc. within this Kingdom. And all such forfeitures and offences made and committed within all, or any other the Counties, Cities, Towns or Places within this Kingdom, or Dominions thereof, shall be heard and determined by any two or more of the justices of the Peace residing near to the place where such forfeitures shall be made, or offence committed: Neglects of the justices. And in case of neglect or refusal of such justices of the Peace, by the space of fourtéen days next after complaint made, and notice thereof given to the Offender, than the Sub-Commissioners, or the major part appointed for any such City, County, Town, or Place, shall, and are hereby impowered to hear and determine the same; And if the party find himself aggrieved by the judgement given by the said Sub-Commissioners, he shall and may appeal to the justices of the Peace at the next Quarter Sessions, who are hereby impowered and authorised to hear and determine the same, whose judgement therein shall be final; which said Commissioners for Appeals and regulating of this duty, and the chief Commissioners for Excise, and all justices of Peace, and Sub-Commissioners aforesaid respectively, are hereby authorised, and strictly enjoined and required upon any complaint or information exhibited and brought of any such forfeiture made, or offence committed contrary to this Act, to summon the party accused, and upon his appearance, or contempt to proceed to the examination of the matter of Fact, and upon due proof made thereof, either by the voluntary confession of the party, or by the oath of one or more credible witnesses (which Oath they, or any two or more of them, have hereby power to administer) to give judgement or Sentence, Levying the forfeitures. according as in and by this Act is before ordained and directed; And to award and issue out Warrants under their hands for the levying of such forfeitures, penalties and fines, as by this Act is imposed, for any such offence committed, upon the Goods and Chattels of the Offender, and to cause Sale to be made of the said Goods and Chattels, (if they shall not be redeemed within fourtéen days) rendering to the party the overplus (if any be) and for want of sufficient Distress, to imprison the party offending till satisfaction be made. Power to mitigate the forfeitures. Provided nevertheless, That it shall and may be lawful, to and for the said respective justices of Peace, Commissioners for Excise, or any two of them, or their Sub-Commissioners respectively, from time to time, where they shall see cause to mitigate, compound or lessen such forfeiture, penalty or fine, as in their discretion they shall think fit; And that every such mitigation and payment thereupon accordingly made, shall be a sufficient discharge of the said penalties and forfeitures to the persons so offending, so as by such mitigation the same be not made less than double the value of the duty of Excise, which should or ought to have been paid, besides the reasonable costs and charges of such Officer or Officers, or others, as were employed therein, to be to them allowed by the said justices; any thing in this Act to the contrary in any wise notwithstanding. How the forfeitures shall be employed. And it is hereby further Enacted and Ordained, That all Fines, Forfeitures and Penalties mentioned in this Act, all necessary charges for the recovery thereof being first deducted, shall be employed three fourth parts thereof to and for the use of the King's Majesty, and one fourth part to the Discoverer or Informer of the same: And for the better managing, collecting, securing, levying and recovering of all and every the said rates and charges of Excise hereby imposed, and set upon all or any of the Commodities before mentioned, One principal Office of Excise erected in London. to the end, the same may be paid and disposed of according to the intent of this present Act: Be it further Enacted and Ordained by the authority aforesaid, and it is hereby Enacted, That one principal Head-Office shall be erected and continued in the City of London, or within ten miles thereof, from time to time, as long as his Majesty shall think fit for this duty, unto which all other Offices for the same within England and Wales, and the Town and Port of Berwick, shall be subordinate and accountable: Which said Office shall be managed by such Officers as shall be appointed by the King's Majesty as aforesaid, who, or any two of them, are hereby appointed and constituted Commissioners and Governors for the management of His Majesty's Receipt of the Excise, and to sit in some convenient place in the City of London, or within ten miles thereof, from time to time, as long as his Majesty shall think fit. And be it Enacted by the Authority aforesaid, That no person or persons shall be capable of intermeddling with any Office or Employment relating to the Excise, until he or they shall before two or more justices of Peace in the County where his or their employments shall be, or before one of the Barons of the Exchequer, take the Oaths of Allegiance and Supremacy, which Oaths they have hereby power to Administer, together with this Oath following, Mutatis Mutandis. The Oath. YOU shall swear to execute the Office of _____ truly and faithfully without Favour or Affection, and shall from time to time true Account make, and deliver to such person and persons as His Majesty shall appoint to receive the same, and shall take no Fee or Reward for the Execution of the said Office, from any other person, than from His Majesty, or those whom His Majesty shall appoint in that behalf. London, Westminster, etc. to be under the management of the chief Office. And be it further Enacted by the Authority aforesaid, That every such justice of Peace shall certify the taking of such Oath to the next Quarter-Sessions, there to be Recorded; And it is further Enacted, That all parts of the Cities of London and Westminster, with the Burrow of Southwark, and the several Suburbs thereof, and Parishes within the wéekly Bills of Mortality, shallbe under the immediate care, inspection and management of the said Head-Office, and such, and so many subordinate Commissioners, All Commissioners, etc. to be nominated by his Majesty. and Sub-Commissioners, and other Officers and Ministers for the Execution of the Premises shall be from time to time nominated and appointed by His Majesty, his Heirs and Successors, in all and every other the Counties, Cities, Towns, and Places within this Kingdom of England, Dominion of Wales, and Port of Berwick, as from time to time his Majesty, his Heirs and Successors shall think fit. And it is hereby further Enacted, That the said Office of Excise in all places where it shall be appointed, shall be kept open from eight of the Clock in the morning, Times in which the Office shall be kept open. till twelve of the Clock at noon; and from two of the Clock in the Afternoon, till five of the Clock in the Afternoon, for the due execution and performance of all and every the matters and things in this Act appointed and required. And it is further hereby Enacted, That the said Chief Commissioners of Excise, or the major part of them, shall from time to time issue forth and pay such sum and sums of money, as shall from time to time be received, collected or levied by virtue of this Act, into his Majesty's Receipt of Exchequer. The general ●●●ue pleadable in any action upon this Statute. Provided always, and be it Enacted, That if any person or persons shall at any time be sued or prosecuted for any thing by him or them done or executed in pursuance of this Act, he or they shall and may plead the general issue, and give this Act in evidence for his defence; and if upon the Trial a Verdict shall pass for the Defendant or Defendants, or the Plaintiff or Plaintiffs be Nonsuit, than such Defendant or Defendants shall have double costs to him or them awarded against such Plaintiff or Plaintiffs. Writs of Certiorari no supersedeas, Provided also, and be it Enacted, That no Writ or Writs of Certiorari shall supersede Execution or other Proceed, upon any Order or Orders made by the justice's aforesaid in pursuance of this Act, but that Execution and other proceed shall and may be had and made thereupon, any such Writ or Writs, or allowance thereof notwithstanding. Proviso as to the Act of General pardon. Provided, That this Act, or any thing therein contained, shall not extend, or be construed to extend in any matter to weaken or invalidate one Act of this present Parliament, Entitled, An Act of Free and General Pardon, Indemnity, and Oblivion, but that every Clause, Article, Matter, and thing therein mentioned and comprised, shall notwithstanding this Act, or any matter or thing therein, remain good and valid, and be of the same force, virtue and effect, as if this Act had never been made. Provided always, and be it further Enacted, That this Act, or any thing therein contained, Proviso concerning Ed. Backwell. shall not be prejudicial to Edward Backwell Alderman of London, as to the sum of twenty eight thousand, four hundred and fifty pounds (or any part thereof) by him advanced upon the Credit of several Orders of this present Parliament, and by them charged on the receipt of the Grand Excise that is to say, the sum of Five thousand pounds payable to his Majesty's Surveyor-General for the repair of his Majesty's houses, charged by virtue of an Order of the sixth of September, 1660. with Interest for the same; the sum of ten thousand pounds advanced to her Highness the Prince's Royal, being charged with Interest by an Order of the 13th of September, 1660. the sum of ten thousand pounds payable to her Majesty the Queen of Bohemia, being charged, together with Interest, by an Order of the 13th of September, 1660. the sum of three thousand four hundred and fifty pounds payable for Provisions for Dunkirk, by Order of the 26th of November, 1660. which sum of twenty eight thousand four hundred and fifty pounds, together with Interest for the same, according to the tenor of the said Orders, after the rate of six per Cent. shall be paid to the said Edward Backwell, or his Assigns, out of the Grand Excise, and the Arrears thereof in course, as is by the said Orders appointed; and in case the same shall fall short in payment by the Twenty fifth of December, One thousand six hundred and sixty, that then the remainder shall continue secured to him out of the whole Excise in course as aforesaid, and that no other payments be made out of the Excise, but what is appointed by this present Parliament in course to precede the same, until the said debt due to the said Edward Backwell, be satisfied; and that in case any part of the moneys due to Alderman Backwell, be paid out of that part of the Excise which shall grow due to the King's Majesty; that then his Majesty shall be reimbursed the same out of the first moneys that shall come in of the Arrears of Excise that will be due the said twenty fifth of December. Stat. 13 Car. 2. cap. 7. CAP. XXV. The Selling of Wines by Retail, and for preventing Abuses in the Mingling, and Corrupting of Wines, and for setting the Prices thereof. FOR the better Ordering of Selling of Wines by Retail in Taverns, and other places, and for the preventing of Abuses therein, Be it Enacted by the Kings most Excellent Majesty, by and with the consent of the Lords and Commons in Parliament Assembled, and by the Authority of the same, That no person or persons whatsoever, from and after the Five and twentieth day of March, one thousand six hundred sixty one, unless he or they be authorized and enabled in manner and form as in this present Act is prescribed and appointed, shall sell or utter by retail, that is, by the Pint, Quart, Pottle or Gallon, or by any other greater or lesser retail measure, any kind of Wine or Wines to be drunk or spent within his or their Mansion-houses, or houses, or such other place in his or their tenure or occupation, or without such Mansion-house or houses, or such other place in his or their tenure or occupation, by any colour, craft or mean whatsoever, The penalty of unlawful uttering wine by retail. upon pain to forfeit for every such offence the sum of five pounds; the one moiety of every such penalty to be to our Sovereign Lord the King, the other moiety to him or them that will sue for the same, by Action of Debt, Bill, Plaint, or Information, in any of the King's Courts of Record, in which Action or Suit, no Essoign, Wager of Law or Protection shall be allowed. And be it further Enacted by the Authority aforesaid, That it shall and may be lawful, to and for his Majesty, his Heirs and Successors, from time to time, His Majesty may issue out Commissions to licence the uttering wine. to issue out under His or their Great Seal of England, one or more Commission or Commissions directed to two or more persons, thereby Authorising them to Licence, and give Authority to such person or persons as they shall think fit, to sell and utter by retail, all and every, or any kind of Wine or Wines whatsoever, to be drunk and spent, as well within the house or houses, or other place in the tenure or occupation of the party so Licenced, as without, in any City, Town or other place within the Kingdom of England, Dominion of Wales, and Town and Port of Berwick upon Tweed; and such persons as from time to time, or at any time hereafter shall be by such Commission or Commissions as aforesaid in that behalf appointed, shall have power and authority, and hereby have power and authority to treat and contract for Licence, authority and dispensations to be given and granted to any person or persons for the selling and uttering of Wines by retail in any City, Town or other place as aforesaid, according to the rules and directions of this present Act, and the true intent and meaning thereof, and not otherwise, any Law, Statute, Usage, or Custom to the contrary in any wise notwithstanding. And be it further Enacted by the authority aforesaid, His Majesty's Agents for granting wine Licenses may grant Licenses not exceeding 21 years, if the person so long live. Rend reserved, but no ●ine to be taken. That such persons as shall be Commissioned and appointed by his Majesty, his Heirs or Successors, as aforesaid, shall be, and be called His Majesty's Agents for granting Licenses for the selling and uttering of Wine by retail; And his Majesties said Agents are hereby authorized and enabled under their Seal of Office, the same to be appointed by his Majesty, to grant Licence for the selling and uttering of Wines by retail to any person or persons, and for any time or term not exceeding 21 years, if such person and persons shall so long live; and for such yearly rent as they can or shall agree, and think fit, so as no Fine be taken for the same; But that the rent and sums of money agreed upon and reserved, be paid and answered half yearly by equal portions during the whole Term. Licenses only to such as personally use the Trade. And be it further Enacted by the Authority aforesaid, That such Licence shall not be given or granted, but to such who shall personally use the Trade of selling or uttering of Wines by retail, or to the Landlord and owner of the house where the person using such Trade shall sell and utter Wine by retail; Wine Licenses not assignable. The King may appoint Officers as he shall think fit. nor shall the same be assignable, nor in any wise beneficial or extensive to indemnify any person against the penalties of this present Act, except the first taker. And be it further Enacted by the Authority aforesaid, That it shall and may be lawful, to and for his Majesty, His Heirs and Successors, to constitute and appoint such, and so many other Officers and Ministers, as a Receiver, Register, Clerk, Controller, Messenger, or the like, for the better carrying on of this service, Not exceeding six pence in the pound for their salaries. The Revenue to be paid into the Exchequer and not to be charged with any gift or Pension. as He and they shall think fit, so as the Salaries and Wages of all such Officers to be appointed, together with the Salary or wages of his Majesties said Agents, do not exceed six pence in the pound of the Revenue that shall hence arise. And be it further Enacted by the Authority aforesaid, That the Rents, Revenues, and sums of Money hence arising, except what shall be allowed for the Wages and Salaries of such Officers and Ministers, which is not to exceed six pence out of every pound thereof, shall be duly and constantly paid and answered into his Majesty's Receipt of Exchequer, and shall not be particularly charged or chargeable, either before it be paid into the Exchequer, or after, with any gift or Pension. And his Majesties said Agents are hereby enjoined and required to return into the Court of Exchequer, The Agents to return into the Exchequer in Michaelmas & Easter Terms, what Licenses they have granted. every Michaelmas and Easter Terms, upon their Oaths (which Oaths the Barons of the Exchequer, or any one of them, are hereby authorized to administer) a Book fairly written, containing a full and true account of what Licences have been granted the preceding half year, and what Rents and sums of money are thereupon reserved, and have been paid, or are in arrear, together with the securities of the persons so in arrear, to the end due and speedy process may be made out according to the course of the Exchequer, for the recovery of the same. Proviso for the two Universities and their privileges. Provided always, That this Act, nor any thing therein contained, shall not in any wise be prejudicial to the privilege of the two Universities of the Land, or either of them, nor to the Chancellors or Scholars of the same, or their Successors; but that they may use and enjoy such privileges as heretofore they have lawfully used and enjoyed, any thing herein to the contrary notwithstanding. Proviso for the Society of the Vintners of London. Provided also, That this Act, or any thing therein contained, shall not extend or be prejudicial to the Master, Wardens, Fréemen and Commonalty of the Mystery of Vintners of the City of London, or to any other City or Town Corporate, but that they may use and enjoy such Liberties and Privileges as heretofore they have lawfully used and enjoyed, any thing herein contained to the contrary notwithstanding. Proviso for the Burrow of St. Alban. Provided also, and be it Enacted by the Authority aforesaid, That this Act, or any thing therein contained, shall not in any wise extend to debar or hinder the Mayor and Burgesses of the Burrow of St. Alban in the County of Hertford, or their Successors, from enjoying, using and exercising of all such Liberties, Powers, and Authorities, to them heretofore granted by several Letters Patents under the Great Seal of England, by Queen Elizabeth, and King James of famous memories, for the erecting, appointing, and Licensing of three several Wine-Taverns within the Burrow aforesaid, for and towards the maintenance of the Frée-School there; but that the same Liberties, Powers, and Authorities shall be, and are hereby established and confirmed, and shall remain and continue in and to the said Mayor and Burgesses, and their Successors, to and for the charitable use aforesaid, and according to the tenor of the Letters Patents aforesaid, as though this Act had never been made, any thing herein contained to the contrary in any wise notwithstanding. F●es of the Officers. Provided also, That it shall not, nor may be lawful to or for any Officer or Officers to be appointed by his Majesty for the carrying on of this service, to take, demand, or receive any Fees, Rewards, or sums of money whatsoever, for or in respect of this Service, other than five shillings for a Licence, Four pence for an Acquittance, and six pence for a Bond, under the penalty of ten pounds, one moiety thereof to the King's Majesty, the other moiety to the person or persons who shall sue for the same, by Action of Debt, Bill, Plaint, or Information, wherein no Wager of Law, Essoign, or Protection shall be allowed, any thing herein, or any other matter or thing to the contrary notwithstanding. There shall be no mixture of other wines or things. And it is hereby further Enacted by the Authority aforesaid, That no Merchant, Vintner, Wine-Cooper or other person, selling or retailing any Wine, shall mingle or utter any Spanish Wine, mingled with any French Wine, or Rhenish Wine, Cider, Perry, Honey, Sugar, Syrups of Sugar, Molasses, or any other Syrups whatsoever, nor put in any Isinglass, Brimstone, Lime, Raisins, juice of Raisins, Water, nor any other Liquor nor Ingredients, nor any Clary, or other herb, nor any sort of flesh whatsoever; And that no Merchant, Vintner, Wine-Cooper, or other person selling or retailing any Wine, shall mingle or utter any French Wines mingled with any Rhenish Wines or Spanish Wines, Cider, Perry, Stummed Wine, Vitriol, Honey, Sugar, Syrup of Sugar, Molasses, or any Syrups whatsoever, nor put in any Isinglass, brimstone, Lime, Raisins, juice of Raisins, Water, nor any other Liquor or Ingredients, nor any Clary or other herb, nor any sort of flesh whatsoever; And that no Merchant, Vintner, Wine-Cooper, or other person selling or retailing any wine, shall mingle or utter any Rhenish-Wine mingled with any French Wines, or Spanish Wines, Cider, Perry, Stummed Wine, Vitriol, Honey, Sugar, Syrups of Sugar, Molasses, or any other Syrups whatsoever, nor put in any Isinglass, Brimstone, Lime, Raisins, juice of Raisins, Water, nor any other Liquor or Ingredients, nor any Clary or other herb, nor any sort of flesh whatsoever: The penalties or mingling or abusing any Wines. And that all and every person and persons committing any of the offences aforesaid, shall incur the pains and penalties herein, after mentioned; That is to say, Every Merchant, Wine-Cooper, or other person selling any sort of Wines in gross, mingled or abused as aforesaid, shall forfeit and lose for every such offence, one hundred pounds; And that every Vintner or other person selling any sorts of Wine by retail, mingled or abused as aforesaid, shall forfeit and lose for every such offence, the sum of Forty pounds; of which forfeitures, one moiety shall go unto the King's Majesty, his Heirs and Successors, the other moiety to the Informer, to be recovered in any Court of Record by Action of Debt, Bill, Plaint, or Information, wherein no Essoign, Protection, or Wager of Law shall be allowed. Provided always, And be it Enacted, That from and after the first day of September, The Prizes of Wines. One thousand six hundred sixty and one, no Canary-Wines, Musky or Alegant, or other Spanish or sweet Wines, shall be sold or uttered by any person or persons within his Majesty's Kingdom of England, Dominion of Wales, and Town of Berwick upon Tweed, by retail, for above Eighteen pence the quart; And that no Gascoigne or French Wines whatsoever, shall be sold by Retail, above eight pence the quart; And that no Rhenish Wines whatsoever shall be sold by retail, above Twelve pence the quart; (And according to these rates, The Penalties. for a greater and lesser quantity, all and every the said Wines shall and may be sold) upon pain and penalty that every such person or persons, who shall utter or sell any of the said Wines by retail, that is to say, by Pint, Quart, Pottle, or Gallon, or any other greater or lesser Retail-measure, at any rate exceeding the Rates hereby limited, do, and shall forfeit for every such Pint, Quart, Pottle, Gallon, or other greater or lesser quantity so sold by retail, the sum of Five pounds; the one moiety of which forfeiture shall be to our Sovereign Lord the King, His Heirs and Successors, and the other moiety to him or them that shall sue for the same, to be recovered in manner and form as aforesaid. Provided nevertheless, The Lord Chancellor, etc. may set the Prizes of Wines yearly, or alter the same. That it shall and may be lawful to and for the Lord Chancellor of England, Lord Treasurer, Lord Precedent of the King's Council, Lord Privy Seal, and the two Chief justices, or Five, Four, or Three of them; And they are hereby Authorized yearly, and every year between the twentieth of November, and the last day of December, and no other times, to set the Prizes of all and every the said Wines to be sold by retail as aforesaid, at higher or lower rates than are herein contained, so that they or any of them cause the Prizes by them set to be written, and open Proclamation thereof to be made in the King's Court of Chancery yearly in the Term time, or else in the City, Burrough, or Towns Corporate where any such Wine shall be sold; And that all and every the said Wines shall and may be sold by retail at such prizes as by them, or any Five, Four, or three of them shall be set as aforesaid, from time to time, for the space of one whole year, to commence from the first day of February next after the setting thereof, and no longer, and no greater prizes under the pains and penalties aforesaid, to be recovered as aforesaid, and afterwards: And in default of such setting of prizes by the said Lord Chancellor of England, Lord Treasurer, Lord Precedent of the King's Council, Lord Privy Seal, and the two Chief justices, or Five, Four, or Three of them, as aforesaid, at the respective Rates and Prizes set by this Act, and under the penalties as aforesaid, to be recovered as aforesaid. Stat. 13 Car. 2. cap. 7. CAP. XXVI. The levying of the Twelve Month's Assessment commencing the 24th of June 1659. and the six Month's Assessment, commencing the Twenty Fifth of December 1659. EXP. Stat. 13 Car. 2. cap. 7. CAP. XXVII. Four hundred and twenty thousand pounds, by an Assessment of Threescore and ten Thousand pounds by the Month, Granted for Six Months, for Disbanding the Remainder of the Army, and paying off the Navy, with Rules and Instructions for the same. EXP. Stat. 13 Car. 2. cap. 7. CAP. XXVIII. Further supplying and explaining certain defects in an Act, Entitled, An Act for the provision of money for Disbanding and paying off the Forces of this Kingdom, both by Land and Sea. EXP. Stat. 13 Car. 2. cap. 7. CAP. XXIX. Seventy thousand pounds to be raised for the further supply of His Majesty. EXP. Stat. 13 Car. 2. cap. 7. CAP. XXX. The Attainder of several persons Guilty of the Horrid Murder of His late Sacred Majesty King Charles the First. IN all humble manner show unto Your most Excellent Majesty, Your Majesty's most dutiful and loyal Subjectts the Lords and Commons in Parliament Assembled, That the Horrid and Execrable Murder of Your Majesty's Royal Father, The horrid murder of King Charles the first how first contrived and plotted. our late most Gracious Sovereign Charles the First, of ever blessed and glorious memory, hath been committed by a party of wretched men, desperately wicked, and hardened in their Impiety, who having first plotted and contrived the ruin and destruction of this excellent Monarchy, and with it, of the true Reformed Protestant Religion which had been so long protected by it and flourished under it, found it necessary in order to the carrying on of their pernicious and traitorous designs, to throw down all the Bulwarks and Fences of Law, and to subvert the very being and constitution of Parliament, that so they might at last make their way open for any further attempts upon the Sacred Person of his Majesty himself; And that for the more easy effecting thereof, they did first seduce some part of the then Army into a compliance, and then kept the rest in subjection to them, partly for hopes of preferment, and chief, for fear of losing their employments and arrears; until by these, and other more odious arts and devices, they had fully strengthened themselves, both in power and faction; which being done, they did declare against all manner of Treaties with the person of the King, even then while a Treaty by advice of both Houses of Parliament was in being; Remonstrate against the Houses of Parliament for such proceed, seize upon his Royal person while the Commissioners were returned to the House of Parliament with his Answer; and when his Concessions had been Voted a ground for peace, seize upon the House of Commons, seclude and imprison some Members, force out others, and there being left but a small remnant of their own Creatures (not a tenth part of the whole) did seek to shelter themselves by this weak pretence, under the name and Authority of a Parliament, and in that name laboured to prosecute what was yet behind and unfinished of their long intended Treason and Conspiracy; To this purpose they prepared an Ordinance for erecting a prodigious and unheard of Triennal, which they called An High Court of Justice, for Trial of his Majesty; and having easily procured it to pass in their House of Commons, as it then stood moulded, ventured to send it up from thence to the Péers then sitting, who totally rejected it; whereupon their rage and fury increasing, they presume to pass it alone, as an Act of the Commons, and in the name of the Commons of England; and having gained the pretence of Law, made by a power of their own making, pursue it with all possible force and cruelty, until at last, upon the thirtieth day of January, one thousand six hundred forty and eight, His Sacred Majesty was brought unto a Scaffold, and there publicly Murdered before the Gates of his own Royal Palace; And because by this Horrid action the Protestant Religion hath received the greatest wound and reproach, and the people of England the most insupportable shame and infamy that was possible for the enemies of God and the King to bring upon us, whilst the Fanatic Rage of a few Miscreants (who were as far from being true Protestants, as they were from being true Subjects) stands imputed by our Adversaries to the whole Nation: We therefore your Majesties said dutiful and Loyal Subjects, the Lords and Commons in Parliament Assembled, do hereby renounce, abominate, and protest against that Impious fact, the execrable Murder, and most unparallelled Treason committed against the Sacred person and life of our said late Sovereign, Your Majesty's most Royal Father, and all proceed tending thereunto; and do beseech Your most Excellent Majesty that it may be declared, That by the undoubted and Fundamental Laws of this Kingdom, neither the Péers of this Realm, nor the Commons, nor both together in Parliament, nor the people collectively or representatively, nor any other persons whatsoever ever had, have, hath, or aught to have, any Coercive power over the persons of the Kings of this Realm; And for the better vindication of ourselves to posterity, and as a lasting Monument of our otherwise inexpressible detestation and abhorrency of this villainous and abominable Fact, We do further beseech Your most Excellent Majesty, that it may be Enacted, And be it hereby Enacted by the Kings most Excellent Majesty, A yearly Anniversary of Humiliation on the ●0th of jan. for ever. by and with the advice and consent of the Lords and Commons in this present Parliament Assembled, That every thirtieth day of January, unless it falls out to be upon the Lord's day, and then the day next following, shall be for ever hereafter set apart to be kept and observed in all the Churches and Chapels of these Your Majesty's Kingdoms of England and Ireland, Dominion of Wales, and Town of Berwick upon Tweed, and the Isles of Jersey and Guernsey, and all other Your Majesty's Dominions, as an Anniversary day of Fasting and Humiliation, to implore the Mercy of God, that neither the guilt of that Sacred and Innocent Blood, nor those other sins by which God was provoked to deliver up both us and our King into the hands of cruel and unreasonable men, The attainder of the persons actively instrumental in the Murder of his late Majesty. may at any time hereafter be visited upon us or our posterity. And whereas Oliver Cromwell deceased, Henry Ireton deceased, John Bradshaw deceased, and Thomas Pride deceased, John Lisle, William Say, Sir Hardress Waller, Valentine Wauton, Thomas Harrison, Edward whaley, William 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 chaloner, John Carew, John Jones, Miles Corbet, Henry Smith, Gregory Clement, Thomas Wogan, Edmond Harvy, Thomas Scot, William Cawley, John Downs, Nicholas Love, Vincent Potter, Augustine Garland, John Dixwel, George Fleetwood, Simon Meyne, James Temple, Peter Temple, Daniel Blagrave, Thomas wait, John Cook, Andrew Broughton, Edward Dendy, William Hewlet, Hugh Peter, Francis Hacker, Daniel Axtel, are notoriously known to have been wicked and active Instruments in the prosecution and compassing that Traitorous Murder of his late Majesty, for which the said Sir Hardress Waller, Thomas Harrison, William Heveningham, Isaac Penington, Henry Martin, The names of the persons cried and legally attainted. Gilbert Millington, Robert Titchbourn, Owen Row, Robert Lilbourn, Adrian Scroop, John Carew, John Jones, Henry Smith, Gregory Clement, Edmond Harvy, Thomas Scot, John Downs, Vincent Potter, Augustine Garland, George Fleetwood, Simon Meyne, James Temple, Peter Temple, Thomas wait, John Cook, William Hewlet, Hugh Peter, Francis Hacker, and Daniel Axtel, have already received their Trial at Law, and by Verdict, or their own Confession, have been convicted, and by judgement of Law thereupon had, do now stand duly and legally attainted; of whom, ten persons, that is to say, Thomas Harrison, Adrian Scroop, John Carew, John Jones, Thomas Scot, The ten persons executed. Gregory Clement, John Cook, Hugh Peter, Francis Hacker, and Daniel Axtel, have most deservedly suffered the pains of death, and been executed according to Law; and the said John Lisle, The persons fled. William Say, Valentine Wauton, Edward whaley, John Barkstead, Edmond Ludlow, Sir Michael Livesey, John Okey, John Hewson, William Goffe., Cornelius Holland, Thomas chaloner, Miles Corbet, William Cawley, Nicholas Love, John Dixwell, Daniel Blagrave, Andrew Broughton, and Edward Dendy, are fled from justice, not daring to abide a Legal Trial: May it therefore please your Majesty that it may be Enacted, And be it Enacted by the Authority of this present Parliament, The persons dead before they could be brought to trial attainted The persons fled attainted. That the said Oliver Cromwell deceased, Henry Ireton deceased, John Bradshaw, deceased, and Thomas Pride deceased, shall by virtue of this Act, be adjudged to be Convicted and Attainted of High Treason, to all intents and purposes, as if they, and every of them respectively, had been Attainted in their lives: And also that John Lisle, William Say, Valentine Wanton, Edward whaley, John Barkstead, Edmond Ludlow, Sir Michael Livesey, John Okey, John Hewson, William Goffe., Cornelius Holland, Thomas chaloner, William Cawley, Miles Corbet, Nicholas Love, John Dixwell, Daniel Blagrave, Andrew Broughton, Edward Dendy, and every of them, stand and be adjudged, and by Authority of this present Act Convicted and Attainted of High Treason; Their Lands, Tenements, etc. forfeited & vested in his Majesty. And 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, Chastels real, and other things of that nature, whatsoever they be, of them the said Oliver Cromwell, Henry Ireton, John Bradshaw, Thomas Pride, John Lisle, William Say, Valentine Wauton, Edward whaley, John Barkstead, Edmond Ludlow, Sir Michael Livesey, John Okey, John Hewson, William Goffe., Cornelius Holland, Thomas chaloner, William Cawley, Miles Corbet, Nicholas Love, John Dixwell, Daniel Blagrave, Andrew Broughton, Edward Dendy, Thomas Harrison, Adrian Scroop, John Carew, John Jones, Thomas Scot, Gregory Clement, Hugh Peter, Francis Hacker, John Cook, Daniel Axtel, Sir Hardress Waller, William Heveningham, Isaac Penington, Henry Martin, Gilbert Millington, Robert Titchbourn, Owen Row, Robert Lilbourn, Henry Smith, Edmond Harvey, John Downs, Vincent Potter, Augustine Garland, George Fleetwood, Simon Meyne, James Temple, Peter Temple, Thomas wait, which they, or any of them, or any other person or persons, to their or any of their uses, or in trust for them, or any of them, had the Five and twentieth day of March, Whereof they were seized, or any for them 25 March 1646. in the year of our Lord, One thousand six hundred forty and six, or at any time since, shall stand and be forfeited unto Your Majesty, Your Heirs and Successors, and shall be deemed, vested, and adjudged to be in the actual and real possession of your Majesty, without any Office or Inquisition thereof hereafter to be taken or found: And also, That all and every the Goods, Debts, and other the Chattels personal whatsoever, of them, the said Oliver Cromwell, Henry Ireton, John Bradshaw, Thomas Pride, whereof at the time of their respective deaths, they, or any of them, or any other in trust for them, or any of them, stood possessed in Law or Equity; All their goods & personal estate forfeited & vested in his Majesty. and all the Goods, Debts, and other the Chattels personal whatsoever of them the said John Lisle, William Say, Valentine Wauton, Edward whaley, John Barkstead, Edmond Ludlow, Sir Michael Livesey, John Okey, John Hewson, William Goffe., Cornelius Holland, Thomas chaloner, William Cawley, Miles Corbet, Nicholas Love, John Dixwell, Andrew Broughton, Edward Dendy, Thomas Harrison, Adrian Scroop, John Carew, John Jones, Thomas Scot, Gregory Clement, Hugh Peter, Francis Hacker, John Cook, Daniel Axtel, Sir Hardress Waller, William Heveningham, Isaac Penington, Henry Martin, Gilbert Millington, Robert Titchbourn, Owen Row, Robert Lilburn, Henry Smith, Edmond Harvey, John Downs, Vincent Potter, Augustine Garland, George Fleetwood, Simon Meyne, James Temple, Peter Temple, Thomas wait, Whereof they were possessed or any for them 11 Feb. 1659. whereof upon the eleventh day of February, One thousand six hundred fifty nine, 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 deemed and adjudged to be forfeited unto, and are hereby vested, and put into the actual and real possession of Your Majesty, without any further Office or Inquisition thereof hereafter to be taken or found. Provided always, and be it Enacted by the Authority aforesaid, That no Conveyance, Proviso for conveyances by any of the offenders. Assurance, Grant, Bargain, Sale, Charge, Lease, Assignment of Lease, Grants and Surrenders by Copy of Court-Roll, Estate, Interest, Trust, or limitation of any Use or Uses of or out of any Manors, Lands, Tenements, or Hereditaments, not being the Lands nor Hereditaments of the late King, Queen, or Prince, or of any Archbishops, Bishops, Deans, Deans and Chapters, nor being Lands or Hereditaments sold or given for the Delinquency, or pretended Delinquency of any person or persons whatsoever, by virtue or pretext of any Act, Order, Ordinance, or reputed Act, Order, or Ordinance since the first day of January, One thousand six hundred forty one, nor any Statute, Statutes, judgements, etc. before the 9th of Sept. 1659. judgement or Recognizance had, made, acknowledged or suffered to any person or persons, Bodies Politic or Corporate, before the twenty ninth day of September, One thousand six hundred fifty nine, by any of the Offenders before in this Act mentioned, or their Heirs, or by any other person or persons claiming by, from, or under them or any of them, other than the wife or wives, For money bona fide lent, etc. Conveyances in trust made before the ●●. of April 166●. to any the said Offenders. child or children, heir or heirs of such person or 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 twenty fifth of April, One thousand six hundred and sixty, by any person or persons to any of 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, defeated, made void or frustrated hereby, or by any of the Convictions and Attainders aforesaid; but that the same shall be held and enjoyed by the Purchasers, Grantées, Lessées, Assigns, Cestuy que use, Cestuy que trust, and every of them, their Heirs Executors, Administrators and Assigns respectively, as if this Act had not been made, and as if the said Offenders had not been by this Act, or by any other course or proceed of Law, convicted or attainted; so as the said Conveyances, Such conveyances to be enroled in the Court of Exchequer before the first of jan. 1662. and all and every the Grants and Assurances which by virtue of this Act, are, and aught to be held and enjoyed as aforesaid, shall before the first of January, which shall be in the year of our Lord, One thousand six hundred sixty two, be entered and enroled of Record in His Majesty's Court of Exchequer, and not otherwise; Any thing in this Act herein before contained to the contrary in any wise notwithstanding. Proviso for the Marquis of Worcester, etc. Provided always, and be it Enacted by the Authority aforesaid, That all and singular the Manors, Lands, Tenements, and Hereditaments, which at any time heretofore were the Lands and possessions of Henry late Marquis of Worcester, and Edward now Marquis of Worcester, and Henry Lord Herbert, Son and Heir apparent of the said Edward Marquis of Worcester, or any of them; whereof or wherein the said Oliver Cromwell, or any other person or persons in trust for him, or to his use, or any other the persons attainted by this Act, or otherwise, or any person or persons in trust for them or any of them, had or claimed, or pretended to have any Estate, Right, Title, Possession or Interest, at any time before or since the decease of the said Oliver Cromwell, shall be, and hereby are vested and settled in, and shall be held and enjoyed by the said Marquis of Worcester, and the said Henry Lord Herbert, in such manner and form, and for such Estate and Estates, with such powers and privileges as they formerly had in the same respectively; Any thing in this present Act contained, or any Act, Conveyance or Assurance heretofore made or acknowledged by the said Edward Marquis of Worcester, and Henry Lord Herbert, or either of them, unto the said Oliver Cromwell, or any other person or persons, in trust for, or to the use of the said Oliver Cromwell, or any Act or Conveyance made or done by the said Oliver Cromwell, or by any in trust for him, to any person whatsoever, to the contrary notwithstanding. Saving always to all and every person and persons, Saving. Bodies Politic, and others, their respective Heirs, Successors, Executors and Administrators, all such Right, Title and Interest in Law and Equity, which they or any of them have or aught to have, of, into, or out of any the Premises, not being in trust for any the said Offenders, nor derived by, from or under the said Offenders, since the twenty fifth day of March, which was in the year of our Lord, One thousand six hundred forty six; And that they the said person and persons, Bodies Politic, and other their respective Heirs, Successors, Executors and Administrators, and every of them, in all and every such case where his and their Entry was lawful, upon such Offender, or Offenders, or the Heirs or Assigns of such Offender or Offenders, in or upon the said twenty fifth day of March, one thousand six hundred forty and six, or at any time since, may without Petition, Monstrans de droyt, Ouster le maine, or other Suit to his Majesty, enter on the premises in his Majesty's possession, or in the possession of his Successors and Patentées, their Heirs or Assigns, in such manner to all intents, as he or they might have done on the possession of the said Offenders, their Heirs or Assigns, in or upon the said twenty fifth day of March, or at any time since; Any thing in this Act to the contrary in any wise notwithstanding. Proviso for such as have received & paid their Rents to the Offenders. Provided also, That all and every person and persons which have received any of the Rents or mean profits, of, in, or out of any the Lands, Tenements and Hereditaments, Chattels real, or Possessions of any of the Offender or Offenders in this Act mentioned, before the Eleventh day of February, One thousand six hundred fifty and nine, and have paid or accounted for the same before she said Eleventh day of February, One thousand six hundred fifty and nine, unto the said Offender or Offenders, or their Assigns, or to any claiming from or under them, shall be clearly and for ever acquitted and discharged of and from the same, against the King's Majesty, His Heirs and Successors, any thing herein contained to the contrary notwithstanding. Proviso for Richard Ingoldsby. Provided always, That it shall and may be lawful to and for Richard Ingoldsby to retain and keep, or otherwise to sell and dispose all and singular the Goods and Chattels formerly belonging to Sir Hardress Waller, in the Kingdom of Ireland, until two thousand pounds, for which the said Richard Ingoldsby in the year One thousand six hundred fifty eight, stood jointly bound with the said Sir Hardress Waller, unto James Brooks of the City of York, Alderman, and was then counter-secured by a judgement upon his Lands, and since by a Deed of Bargain and Sale of the said Goods and Chattels in Ireland, be fully paid, together with the Interest thereof; he the said Richard Ingolsby accounting for, and paying the full overplus thereof, if any shall be, unto our Sovereign Lord the King; Any thing herein before contained to the contrary notwithstanding, St. 13 Car. 2. cap. 7. CAP. XXXI. Leases and Grants from Colleges and Hospitals Confirmed. CAP. XXXII. Exportation of Wool, Woolfells, Fuller's Earth, or any kind of Scouring Earth, Prohibited. FOR the better preventing and avoiding of such Losses and Inconveniencies as have happened, and daily do and may happen to the Kingdom of England, and Dominion of Wales, and to the Kingdom of Ireland, by and through the secret and subtle exportation and transportation, and by and through the subtle carrying and conveying away of Wool, Woolfels, Mortlings, Shorlings, Yarn made of Wool, Woolflocks, Fuller's Earth, and Fulling Clay, out, of, and from the Kingdoms and Dominion aforesaid, and for the better setting on work the poor people and Inhabitants of the Kingdoms and Dominion aforesaid; And to the intent that the full and best use and benefit of the principal native Commodities of the same Kingdoms and Dominion may come, redound, and be unto and amongst the Subjects and Inhabitants of the same, and not unto or amongst the Subjects and Inhabitants of the Realm of Scotland, or of any Foreign Realms or States, as the same now of late in some great measure hath done, and is further likely to do, if some severer punishment than heretofore be not speedily inflicted upon such Offenders as shall be Actors or Assistants in and to such Exportation and Transportation, and in and to such carrying and conveying thereof, as aforesaid; Be it Enacted by the Kings most Excellent Majesty, No person after the 14. of Jan. 1660. shall export any Sheep or Wool, Woolfells, Mortlins, Shorlings, Yarn, Woolflocks, Fuller's, Earth, Fulling Clay. the Lords and Commons in this present Parliament assembled, and by the Authority of the same, That no person or persons whatsoever, from and after the fourtéenth day of January, One thousand six hundred and threescore, shall directly or indirectly, Export, Transport, carry or convey, or cause or procure to be Exported, Transported, carried or conveyed, out of, or from the Kingdom of England, or Dominion of Wales, or Town of Berwick upon Tweed, or out of, or from the Isles of Jersey or Guernsey, with Sarke and Alderney, being under the Government of Guernsey, aforesaid, or out of, or from any of them, or out of, or from the Kingdom of Ireland, aforesaid, into any parts or places out of the Kingdoms, Isles, or Dominion aforesaid, any Sheep or Wool whatsoever, of the breed or growth of the Kingdoms of England, or Ireland, or Isles, or Dominion aforesaid; Or any Woolfells, Mortlings or Shorlings, or any Yarn made of Wool, or any Woolflocks, or any Fuller's Earth, or any Fulling Clay whatsoever; nor shall directly or indirectly pack or load, Nor carry, load, or board any Sheep, Wool, etc. or cause to be packed or loaded upon any Horse, Cart, or other Carriage, or Load, or lay on board, or cause to be loaden or laid on board in any Ship or other Vessel, in any Place or Port within the Kingdoms of England or Ireland, or Town of Berwick, or Isles, or Dominion aforesaid, any such Sheep, Wool, Woolfells, Mortlings, Shorlings, Yarn made of Wool, or Woolflocks, or any Fuller's Earth, or Fulling Clay, to the intent or purpose to export, transport, carry or convey the same, or to cause the same to be exported, transported, carried or conveyed out of the Kingdoms of England and Ireland, Town of Berwick, Isles, or Dominion aforesaid, or with intent or purpose, that any other person or persons should so export, transport, carry or convey the same into any parts or places out of the Kingdoms of England and Ireland, Town of Berwick, Isles, or Dominion aforesaid, into the Kingdom of Scotland, or any foreign parts. And be it further Enacted by the Authority aforesaid, That no Wool, Woolfells, Mortlings, No Wool, Woolfells, etc. after the 14. of jan. 1660. to be carried into Wales, Ireland, etc. Except. Shorlings, Yarn made of Wool, Woolflocks, or any Fuller's Earth, or Fulling Clay, shall be from and after the fourtéenth day of January, in the year of our Lord one thousand six hundred and threescore, exported, transported, carried or conveyed out of the Kingdom of England and Dominion of Wales, or Town of Berwick, or Kingdom of Ireland, or out of any Port or Place of the said Kingdoms respectively unto the Isles of Jersey or Guernsey, or to Sarke, or Alderney, except as in this Act shall be hereafter limited or appointed. And be it further Enacted by the authority aforesaid, The Penalties. That all and every the Offender and Offenders, offence and offences aforesaid, shall be subject and liable to the respective pains, penalties and forfeitures hereafter following, That is to say, The said Sheep, Wools, Woolfells, Mortlings, Shorlings, Yarn made of Wool, Woollflocks, Fuller's Earth, and Fulling Clay, so exported, transported, carried, conveyed, packed or loaden, contrary to the true intent of this Act, shall be forfeited, and that every offender and offenders therein shall forfeit twenty shillings for every such Sheep, and three shillings for every pound weight of such Wool, Woolfells, Mortlings, Shorlings, Yarn made of Wool, Woollflocks, Fuller's 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 Apparel 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 three months without Bail or Mainprize; the one moiety of which said penalties and forfeitures shall be to the King's Majesty, His Heirs and Successors; and the other moiety to him that will sue for the same by Action of Debt, Bill, Plaint or Information in any of His Majesty's Courts of Record, or before the justices 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 wools, etc. 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 Sheep, Wool, Woolfells, Mortlings, Shorlings, Woollen Yarn, Woolflocks, Fuller's 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 Account of any Factor or others, for or concerning any Debt or Estate properly belonging to such offender. Proviso. Provided always, 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 virtue of any former Act of Parliament now in force. Offences against this Act where to be tried. 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, tried and determined in the County where such Sheep, Wool, Woolfells, Mortlings, Shorlings, Yarn made of Wool, Woolflocks, Fuller's 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 been 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 moiety thereof. Provided always, 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 Sheep, Wool, Woolfells, Mortlings, Shorlings, Yarn made of Wool, Woollflocks, Fuller's Earth, and Fulling Clay, as he or they shall happen to see, find, 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 Sheep, Wool, Woolfells, Mortlings, Shorlings, Yarn made of Wool, Woolflocks, Fuller's Earth, or Fulling Clay, as aforesaid, shall have the full moiety thereof, to all intents and purposes. Proviso, such person shall not be evidence against the offender. Provided always, 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 virtue 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 partowner, and wherein any Sheep, Wool, Woolfells, Mortlings, Shorlings, Yarn made of Wool, Woolflocks, Fuller's 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 King's Majesty, His Heirs and Successors. Provided always, That this Act shall not extend to any Lamb Skin ready dressed, and prepared fit and useful for Furr or Linings. 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 Wool upon them, or to any Beds stuffed with Flocks, which shall be carried or employed 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 Foreign 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 Wool 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 always, and be it further Enacted, That this Act, or any thing therein contained, shall not extend to any such Wool 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 the said Isles of Jersey and Guernsey, or either of them, or to any such wool 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, controller, Surveyor, or Searcher of the Port of Southampton aforesaid (out of which the same wool 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 wool 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 wool, 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 wool, hath before the making and sealing of that writing, entered into sufficient Bond to his Majesty's use for the landing of the said wool in that Isle. And to the intent that the quantity of wool to be exported out of the Port of Southampton aforesaid into the said Isles, or either of them, in any one year, accounting the year to begin from the first day of January next ensuing, and so yearly from the first day of January, may not exceed the quantity hereunder specified; that is to say, unto the Isle of Jersey Two thousand Tods and no more of unkeamed wool, and unto Guernsey, Alderney, Sarke. One thousand Tods and no more of unkeamed wool, and unto Alderney, Two hundred Tods and no more of unkeamed wool; and unto Sarke, One hundred Tods of unkeamed wool and no more, every Tod not exceeding 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 authorize 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, accounting the year from the first day of January, One thousand six hundred and sixty aforesaid, any greater quantity of wool than 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 authorise 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, accounting the year from the first day of January aforesaid, any greater quantity of wool than 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 keep a true account of all the said quantity of Wools so by him permitted to be loaden by virtue of this Act, and shall not permit any greater quantity of Wools 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 moiety whereof to the King's Majesty, His Heirs and Successors, and the other moiety 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 Wool than 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 King's Majesty, His Heirs or Successors, the sum of Twenty pounds of lawful money of England, for every Tod of Wool which shall be so licenced to be exported over and above the rate or porportion of Wool 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 entering a Remembrance of the same into some Book, which they shall have and keep 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, Privilege, Essoyne or Wager of Law shall be admitted or allowed, St. 13 Car. 2. cap. 13. CAP. XXXIII. The Confirmation of Marriages. Whereas by virtue or colour of certain Ordinances, or certain pretended Acts or Ordinances, divers marriages since the beginning of the late troubles have been had and solemnised in some other manner than hath been 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 Solemnised in any of his Majesty's Dominions since the first day of May, in the year of Our Lord, One thousand six hundred forty and two, before any justice of Peace, or reputed justice of Peace, of England or Wales, or other his Majesty's Dominions, and by such justice, or reputed justice, so pronounced or declared; And all Marriages within any of His Majesty's Dominions, since the same first day of May, in the year of Our Lord, One thousand six hundred forty two, had or Solemnised according to the 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, Style, or Title of a Parliament, or assuming that Name, Style or Title, shall be, and shall be adjudged, esteemed, and taken to be, and to have been of the same, and no other force and effect, as if such Marriages had been had and solemnised according to the Rites and Ceremonies established, or used in the Church or Kingdom of England, any Law, Custom, or Usage to the contrary thereof notwithstanding. Issues upon lawfulness of marriages already joined shall be cried by jury 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 been joined, and not already tried or determined, or shall be joined upon the point of Bastardy, or unlawfulness of marriage, for or concerning the marriages had and solemnised, as aforesaid, the same issues shall be tried by jury of Twelve Men, according to the course of Trial of other issues tryable by jury at the Common Law, and not otherwise, Bastardy. any Law, Statute, or Usage 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 Majesty's 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 been 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 Foreigners, 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 wholesome 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. january, 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 Sown as aforesaid; and so proportionably for a greater or lesser quantity of Ground, one Moiety thereof to His Majesty, His Heirs and Successors; And the other Moiety 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, justices of the Peace, Mayor, Bailiffs, Constables, and every of them, upon Information or Complaint made unto them, or any of them, by any the Officers of the Customs, or by any other Person or Persons whatsoever, That there is any Tobacco set, sown, planted, or growing within their jurisdictions or Precincts, contrary to this Act, shall within ten days after such Information or Complaint, cause to be burnt, plucked up, consumed, or utterly destroyed, all such Tobacco so set, sown, 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 virtue 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 months, without bail or mainprise. Proviso, for private Gardens. Provided always, and it is hereby Enacted, That this Act, nor any thing therein contained, shall extend to the hindering of the planting of Tobacco in any Physic Garden of either University, or in any other private Garden for Physic or Chirurgery, only so as the quantity so planted exceed 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 public Post-Offices have been 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 speedy 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 established in some convenient place within the City of London, A master of the Office to be appointed by the King. Postmaster General. from whence all Letters and pacquets whatsoever may be with speed and expedition sent unto any part of the Kingdoms of England, Scotland, and Ireland, or any other of his Majesty's Dominions, or unto any Kingdom or Country beyond the Seas, at which said Office all Returns and Answers may be likewise received; And that one Master of the said General Letter-Office shall be from time to time appointed by the King's Majesty, His Heirs and Successors, to be made and constituted by Letters Patents under the Great Seal of England, by the name and Style of his Majesty's Postmaster General; which said Master of the said Office, and his Deputy and Deputies, by him thereunto sufficiently authorised, and his and their Servants, and Agents, and no other person or persons whatsoever, shall from time to time have the receiving, taking up, ordering, dispatching, sending Post or with speed, and delivering of all Letters and Pacquets whatsoever, which shall from time to time be sent to and from all and every the parts and places of England, Scotland, and Ireland, and other his Majesty's Dominions, and to and from all and every the Kingdoms and Countries beyond the Seas, where he shall settle or cause to be settled posts or running Messengers for that purpose. Except such Letters as shall be sent by Coaches, common known Carriers of Goods by Carts, Wagons, or Packhorses, and shall be carried along with their Carts, Wagons, and Packhorses respectively; And except Letters of Merchants and Masters which shall be sent by any Masters of any Ships, Barks, or other Vessel of Merchandise, or by any other person employed by them for the carriage of such Letters aforesaid, according to the respective directions; And also except Letters to be sent by any private friend or friends in their ways of journey or travel, or by any messenger or messengers sent on purpose, for or concerning the private affairs of any person or persons: And also except Messengers who carry and recarry Commissions, or the Return thereof, Affidavits, Writs, Process or Proceed, or the Returns thereof, issuing out of any Court. And be it further Enacted by the Authority aforesaid, The Postmaster General and no other to provide horses for riding post. That such Postmaster General for the time being, as shall from time to time be made and constituted by His Majesty, His Heirs and Successors, and the respective Deputies, or Substitutes of such Postmaster General, and no other person or persons whatsoever, shall prepare, and provide Horses and furniture to let to Hire unto all Through-posts, and persons riding in post by Commission, or without, to and from all and every the parts and places of England, Scotland, and Ireland, where any post-roads are, or shall be settled and established. And be it further Enacted by the authority aforesaid, That it shall and may be lawful to and for such Postmaster General to be constituted and appointed as aforesaid, and his Deputy or Deputies by him thereunto sufficiently authorized, to demand, have, receive and take for the portage and conveyance of all such Letters which he shall so convey, carry or send Post as aforesaid, and for the providing and furnishing Horses for Through-Posts, or persons riding in Post as aforesaid, according to the several Rates and Sums of Lawful English money hereafter mentioned, Rates for carrying letters. not to exceed the same (that is to say), For the Port of every Letter not exceeding one shéet, to or from any place not exceeding fourscore English miles distant from the place where such Letter shall be received, Two pence; And for the like port of every Letter not exceeding two shéets, Four pence; And for the like port of every packet of Letters proportionably unto the said Rates; And for the like port of every packet of Writs, Deeds, and other things, after the Rate of Eight pence for every ounce weight; and for the port of every Letter not exceeding one shéet, above the distance of fourscore English miles from the place where the same shall be received, Three pence; And for the like port of a Letter, not exceeding two shéets, Six pence; and proportionably to the same rates, for the like port of all pacquets of Letters, and for the like port of every other packet of writs, Deeds, or other things, after the rate of Twelve pence of English money for every Ounce weight; and for the port of every letter not exceeding One shéet, from London unto the Town of Berwick, or from thence to the City of London, Three pence of English money; And for the like port of every letter not exceeding two shéets, Six pence; and proportionably unto the same rates, for every packet of letters, and for every other packet of greater bulk, One shilling and Six pence for every Ounce weight; And for the port of such letters and pacquets as shall be conveyed or carried from the Town of Berwick unto any place or places within forty English miles distance from Berwick, or any other place where such letter shall be received, Two pence; and for every letter not exceeding Two shéets, Four pence; and proportionably to the same rates for every packet of letters, and for every other packet or parcel, Eight pence for every Ounce weight; and for every letter not exceeding One shéet, to be conveyed or carried a further distance than Forty English miles, Four pence; And for the like port of every packet of letters, Eight pence: and proportionably unto the same Rates for the like port of every packet of letters, and for the like port of every other packet, One shilling for every Ounce weight; and for the port of every letter not exceeding one shéet from England unto the City of Dublin in Ireland, or from the City of Dublin in Ireland unto England, Six pence of English money; and for the like port of every letter not exceeding two shéets, one shilling, and proportionably to the same rates for every packet of letters, and for the port of every other packet of any kind of greater Bulk, Two shillings for every ounce weight; and for the Port of such Letters or Pacquets as shall be conveyed or carried from the City of Dublin, unto any other place or places within the Kingdom of Ireland, or from any other place unto the said City, or to, or from any other place within the said Kingdom, according to the Rates and sums of English money hereafter following, viz. For every Letter not exceeding one shéet, to or from any place within forty English Miles distance from Dublin, or any other place where such Letter shall be received, Two pence; And for every letter not exceeding two shéets, Four pence; and proportionably to the same Rates for every packet of letters, and for every packet of greater Bulk, Eight pence for every Ounce Weight; and for every letter not exceeding one shéet, to be carried or conveyed a further distance than forty English miles, Four pence; and for the like port of every letter not exceeding two shéets, Eight pence; and proportionably unto the same Rates for the like port of every packet of letters, and for the like Port of every Packet of greater Bulk, One shilling for every Ounce weight; and for all and every the Letters, Pacquets, and parcels of Goods that shall be carried or conveyed to or from any of his Majesties said Dominions to or from any other parts or places beyond the Seas, according to the several and respective Rates that now are, and have been taken for Letters, Pacquets, and parcels so conveyed, being rated either by the Letter, or by the Ounce weight, That is to say, Morlaix, Saint Maloes, Caen, Newhaven, and Places of like distance, Port paid to Rouen is for d Single vi Double xii Treble xviii Ounce xviii Hamburgh, Colen, Frankfort, Port paid to Antwerp is d Single viij Double xuj Treble xxiv Ounce xxiv Venice, Geneva, Legorne, Rome, Naples, Messina, and all other parts of Italy by way of Venice, franct pro Mantua s d Single o ix Double i vi Treble two iii Ounce two viij Marcelia, Smirna, Constantinople, Aleppo, and all parts of Turkey, port paid to Marcelia s d Single i o Double two o 3 qrs. of an ounce two ix Ounce iii ix And for Letters brought from the said places to England. s d Single o viij Double i iv Treble two o Ounce two o And for the port Letters brought into England from Calais, deep, Boulogne, Abbeville, Amiens, Saint Omers, Montrell. s d Single o iv Double o viij Treble i o Ounce i o Roven. s d Single o vi Double i oh Treble i vi Ounce i vi Genova, Legorn, Rome, and other parts of Italy, by way of Lions, franct pro Lions. s d Single i o Double two o 3 qrs. of an ounce two ix Ounce iii ix And of Letters sent outwards. To Bourdeaux, Rochel, Nantes, Orleans, Byon, Tours, and places of like distance, port paid to Paris. s d Single o ix Double i vi Treble two iii Ounce two o And for Letters brought from the same places into England. s d Single i o Double two o 3 qrs. of an ounce iii o Ounce iv o Also Letters sent outwards. To Norembourgh, Bremen, Dantswick, Lubeck, Lipswick, and other places of like distance, Post paid to Hamburgh. s d Single i o Double two o 3 qrs. of an ounce iii o Ounce iv o Paris. s d Single o ix Double i vi Treble two iii Ounce two o Dunkirk, Ostend, Lille, Ipre, Courtrey, Gheandt, Brussels, Bridges, Antwerp, and all other parts of Flanders. s d Single o viij Double i v Treble two o Ounce two o Slus, Flushing, Middleburgh, Amsterdam, Rotterdam, Delft, Hague, and from all other parts of Holland and Zealand. s d Single o viij Double i iv Treble two o Ounce two o Provided always, That all Merchant's Accounts not exceeding one shéet of paper, Proviso for Merchants. and all bills of Exchange, Invoyes, and Bills of Lading, are, and shall hereby be understood to be allowed without Rate in the Price of the Letters, and likewise the Covers of Letters not exceeding one fourth part of a shéet of paper sent to Marseilles, Venice or Legorne, to be sent forward to Turkey, shall be understood to be allowed to pass without rate or payment for the same; and according to the same rates and proportions for the Port of Letters, pacquets and parcels to or from any of the parts or places beyond the Seas, where Posts have not been heretofore settled, and may hereafter be settled by the said Postmaster General for the time being, his Executors or Assigns: And it shall and may be lawful to and for such Postmaster General, and his Deputy and Deputies, to ask, demand, take and receive of every person that he or they shall furnish and provide with Horses, Furniture and Guide to ride Post in any of the Post-roades as aforesaid, Three pence of English money for each Horses, Hire or Postage for every English mile, and four pence for the Guide for every Stage. And whereas upon the arrival of Ships from parts beyond the Seas into several Ports within his Majesty's Dominions, many Letters directed to several Merchants and others, have been detained long to the great damage of the Merchants, in want of that speedy advice and intelligence which they might have had if the same had been forthwith dispatched by the settled Posts; and sometimes such Letters have been delivered by the Masters or Passengers of such Ships to ignorant and lose hands, that understand not the way and means of speedy conveyance and delivery Letters, whereby great prejudice hath accrued to the affairs of Merchants and others, as well by the miscarriage of many Letters so brought, as oftentimes by the opening of the same to the discovery of the Correspondencies and secrets of the Merchant. Be it further Enacted by the authority aforesaid, That all Letters and Pacquets that by any Master of any Ship or Vessel, or any of his Company, or any Passengers therein, shall or may be brought to any Port-Town within his Majesty's Dominions, or any of the Members thereof, other than such Letters as are before excepted. or may be sent by common known Carriers in manner aforesaid, or by a friend as aforesaid; shall by such Master, Passenger, or other person be forthwith delivered unto the Deputy or Deputies only of the said Postmaster General for the time being by him appointed for the said Port-Town, and him or them to be sent Post unto the said general Post-Office to be delivered according to the several and respective directions of the same. And be it further Enacted by the aforesaid Authority, That no person or persons whatsoever, or Body politic or Corporate other than such postmaster General as shall from time to time be nominated and appointed by his Majesty, His Heirs or Successors, and constituted by Letters Patents under the great Seal of England as aforesaid, and his Deputy and Deputies or Assigns, shall presume to carry, recarry, and deliver Letters for Hire, other then as before excepted, or to set up or employ any Foot-post, Horse-post, Coach-post, or pacquet-Boat whatsoever for the conveyance, carrying, Penalties of offending against this Act and recarrying of any letters or pacquets by Sea or Land within his Majesty's Dominions, or shall provide and maintain Horses and Furniture for the horsing of any Thorow-pasts, or persons riding in post with a Guide and Horn, as usual for Hire, upon pain of Forfeiting the sum of five pounds of English money for every several offence against the Tenor of this present Act, And also for the forfeiture of the sum of One hundred pound of like English money for every weeks time that any Offender against this Act shall employ, maintain, and continue any such foot-post, Horse-post, Coach-post or pacquet-Boat as aforesaid: which said several and respective Forfeitures, shall, and may be sued for, and recovered by Action or Actions of Debt, plaint, or Information in any of his Majesty's Courts of Record, wherein no Essoigne, privilege, protection or Wager of Law shall be admitted, Proviso where any Postmaster doth not provide. and the said several and respective forfeitures that shall happen from time to time to be recovered, shall be and remain the one moiety thereof to his Majesty, and his Heirs and Successors, and the other moiety thereof to such person or persons who shall or will inform against the Offender or Offenders against this present Act, and shall or will sue for the said forfeitures upon the same. Provided always, That if any postmaster of any respective place, doth not, or cannot furnish any person or persons riding in Post with sufficient horses within the space of one half hour after demand, That then such person or persons are here understood to be left at liberty to provide themselves, as conveniently they can; And the persons who shall furnish such horses shall not therefore be liable unto any Penalties or Forfeitures contained in this Act. Provided always, That if through default or neglect of the Postmaster General aforesaid, Proviso touching Post-masters that do not sufficiently provide horses, etc. any person or persons riding in Post shall fail as aforesaid of being furnished with a sufficient Horse, or Horses, for his or their use, after demand as aforesaid; That in every such case, the said Postmaster General shall forfeit the sum of Five pounds sterling, the one moiety to his Majesty, his Heirs and Successors, and the other moiety to him or them who shall sue for the same in any Court of Record, to be recovered by Bill, Plaint, or other Information, wherein no Essoigne, Protection, or other Wager in Law shall be admitted. Provided always, and be it Enacted, Proviso. That nothing herein contained shall be understood to prohibit the carrying or recarrying of any Letters or pacquets, to or from any Town or place, to or from the next respective Post-Road, or Stage appointed for that purpose; But that every person shall have free Liberty to send and employ such persons as they shall think fit, for to carry the said Letters or Pacquets as aforesaid without any forfeiture or penalty therefore, Any thing contained in this Act to the contrary notwithstanding. Proviso against carrying any packet out of England in any foreign vessels. Provided always, That if the Packet or Mail shall be carried out of England into any part beyond the Seas in any ship or Vessel which is not of English built and Navigated with English Seamen, That in every such case, the said postmaster General shall forfeit the sum of one hundred pounds Sterling; The one moiety to his Majesty, His Heirs and Successors, and the other moiety to him or them who shall sue for the same, in any Court of Record, to be recovered by Bill, Plaint or other Information, wherein no Essoigne, Protection, or other Wager in Law shall be allowed. Oaths of Allegiance and Supremacy. Provided also, and be it Enacted by the Authority aforesaid, That no person or persons shall be capable of having, using, or exercising the Office of postmaster General, or any other Employment relating to the said Office, unless he or they shall first take the Oaths of Allegiance and Supremacy, before any two justices of the peace of the respective Counties wherein such person or persons are or shall be resident, which said justices are hereby Authorized to administer the said oaths accordingly. Proviso. Truro. Penrin. Kendal. Lancaster. Penrith. Carlisle. Grimsby. Postmaster to continue constant posts. Provided also, and be it Enacted by the Authority aforesaid, That a Letter or pacquet-post shall twice every week come by the way of Truro and Penrin to the Town of Marketiew alias Marhasion in the County of Cornwall; and once a week to Kendal by the way of Lancaster; and to the Town of Penrith in Cumberland by the way of Newcastle and Carlisle; and to the City of Lincoln, and the Burrow of Grimsby in the County of Lincoln, Any thing in this Act contained to the contrary thereof in any wise notwithstanding. Provided also, and be it Enacted by the Authority aforesaid, That such postmaster General to be from time to time appointed by his Majesty, His Heirs and Successors as aforesaid, shall continue constant posts for carriage of letters to all places, though they lie out of the post-roads, as hath been used for the space of three years last passed, at the rates herein before mentioned, under pain of forfeiture for every omission Five pounds, to be recovered by Action, Suit, or plaint, in any his Majesty's Courts of Record, the one moiety to the use of his Majesty, the other moiety to the use of the Informer. And for the better management of the said post-Office, and that the people of these Kingdoms may have their intercourse of Commerce and trade the better maintained, and their Letters and advises conveyed, carried and recarried with the greatest speed, security, and convenience that may be; Penalty for every omission. The Postmaster, etc. to observe such orders as his Majesty shall make. Be it further Enacted, That the said postmaster General so nominated, appointed and constituted as aforesaid, and his Deputies, shall from time to time observe and follow such orders, rules, directions and instructions for and concerning the settlement of convenient posts and Stages upon the several roads in England, Scotland and Ireland, and other his Majesty's Dominions, and the providing and keeping of a sufficient number of horses at the said several Stages, as well for the carrying and conveying of the said letters and pacquets, as for the horsing of all thorow-posts and persons riding in post by warrant or otherwise as aforesaid, as his Majesty, his heirs and Successors, shall from time to time in that behalf make, and ordain; And that his Majesty, his heirs and Successors may grant the said Office of postmaster General, His Majesty may grant the said office for life or years, not exceeding 25. years. together with the powers and Authorities thereunto belonging, and the several rates of portage above mentioned, and all profits, privileges, fees, perquisites and emoluments thereunto belonging, or to belong, either for life or term of years, not exceeding one and twenty years, to such person or persons, and under such Covenants, conditions and yearly rents to his said Majesty, his Heirs and Successors, reserved, as his said Majesty, his heirs and Successors shall from time to time think fit for the best advantage and benefit of the Kingdom. No horses to be seized without consent of the owners. Provided always, and be it Enacted by the Authority aforesaid, That no person shall have power to take, use, or seize any horses for the service mentioned in this Act, without the consent of the owners thereof; Any usage or pretence, or any thing in this Act contained to the contrary thereof in any wise notwithstanding. Proviso for the rates of all In land letters. Provided always, and be it Enacted by the Authority aforesaid, That all Inland Letters sent by any Packet Post established by this Act as aforesaid, do and shall pay the rates and prices before mentioned, at such Stage where they are last delivered only, unless the party that delivers the Letters desireth to pay elsewhere; Any thing in this Act to the contrary notwithstanding. Provided always, That all Letters, and other things, may be sent or conveyed to or from the Two Universities in manner as heretofore hath been used; Any thing herein to the contrary notwithstanding. Stat. 13 Car. 2. cap. 7. CAP. XXXVI. The Master of the Rolls for the time being, empowered to make Leases for years, in order to new build the old Houses belonging to the Rolls. Pr. St. 13 Car. 2. cap. 6. CAP. XXXVII. An Act for making the Precinct of Covent-Garden Parochial. PR. Anno Regni Caroli II. Regis Angliae, Scotiae, Franciae, & Hiberniae, Decimo Tertio. AT the Parliament begun and holden at Westminster the Eight day of May, Anno Dom. 1661. In the Thirteenth Year of the Reign of Our most Gracious Sovereign Lord, CHARLES the Second, by the Grace of God, of England, Scotland, France, and Ireland, King, Defender of the Faith, etc. And there continued until Tuesday the Thirtieth of July, 1661. and from that day the said Parliament was adjourned unto the Twentieth of November than next following; To the pleasure of Almighty God, and to the Weal public of this Realm, were Enacted as followeth: CAP. I. For Safety of His Majesty's Person and Government, against Treasonable and Seditious Practices. THe Lords and Commons assembled in Parliament deeply weighing and considering the miseries and calamities of well nigh twenty years, before your Majesty's happy Return, The grounds and Inducements of this Act. and withal, reflecting upon the causes and occasions of so great and deplorable conclusions, do in all humility and thankfulness acknowledge Your Majesty's incomparable Grace and Goodness to your People, in your Free and General Pardon, Indemnity and Oblivion, by which your Majesty hath been pleased to deliver your Subjects, not only from the punishment, but also from the reproach of their former miscarriages, which unexampled Piety and Clemency of Your Majesty hath inflamed the hearts of us your Subjects with an ardent desire to express all possible zeal and duty in the care and preservation of your Majesty's Person (in whose Honour and Happiness consists the good and welfare of your People) and in preventing (as much as may be) all Treasonable and Seditious Practices and Attempts for the time to come. And because the growth and increase of the late Troubles and Disorders, did in a very great measure proceed from a multitude of Seditious Sermons, Pamphlets and Speeches, daily preached, printed and published, Seditious Sermons, Pamphlets and Speeches. with a transcendent boldness defaming the Person and Government of Your Majesty and Your Royal Father, wherein men were too much encouraged, and (above all) from a wilful mistake of the Supreme and lawful Authority, whilst men were forward to cry up and maintain those Orders and Ordinances, Oaths and Covenants, to be Acts Legal and Warrantable, which in themselves had not the least colour of Law or justice to support them; from which kind of distempers, as the present age is not yet wholly freed, so posterity may be apt to relapse into them, if a timely remedy be not provided. We therefore, the Lords and Commons in Parliament assembled, having duly considered the premises, 13 El. cap. 1. and remembering that in the Thirtéenth year of the Reign of Queen Elizabeth of ever blessed memory, a right good and profitable Law was made for preservation of her Majesty's Person, Do most humbly beseech your most Excellent Majesty, that it may be Enacted, What shall be adjudged Treason during the life of the King. and be it Enacted by the Kings most Excellent Majesty, by and with the Advice and Consent of the Lords and Commons in this present Parliament assembled, and by Authority of the same, That if any person or persons whatsoever, after the Four and twentieth day of June, in the year of our Lord, One thousand six hundred sixty and one, during the natural life of our most Gracious Sovereign Lord the King, (whom Almighty God preserve and bless with a long and prosperous Reign) 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 same our Sovereign Lord 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 Foreigner or Strangers with Force to invade this Realm, or any other his Majesty's Dominions or Countries being under his Majesty's Obeisance: Being declared and proved by two witnesses. And such compassings, Imaginations, 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, Convicted by due course of Law. or otherwise convicted or attainted by due course of Law, than every such person and persons so as aforesaid offending, shall be deemed, declared, and adjudged to be Traitors, and shall suffer pains of death, and also lose and forfeit as in cases of High Treason. Offences (during his Majesty's life) which disable persons to bear any Office. And be it further Enacted by the Authority aforesaid, That if any person or persons at any time after the Four and twentieth day of June, in the year of our Lord, One thousand six hundred sixty and one, 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 and 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, than every such person and persons, being thereof Legally convicted, shall be disabled to have or enjoy, and is hereby disabled and made incapable of having, holding, enjoying, or exercising any place, office, or promotion Ecclesiastical, Peerage. Civil or Military, or any other employment in Church or State, other then that of his Péerage, and shall likewise be liable to such further and other punishments as by the Common Laws or Statutes of this Realm may be inflicted in such cases. Stat. 17 Car. 1. cap. 7. The Parliament begun 3. of No. 1640. not in being. Stat. 13 Car. 2. cap. 1. And to the end that no man hereafter may be misled into any seditious or unquiet demeanour, out of an opinion that the Parliament begun and held at Westminster, upon the third day of November, in the year of Our Lord, One thousand six hundred and forty, is yet in being, which is undoubtedly dissolved and determined, and so is hereby declared and adjudged to be fully dissolved and determined; or out of an opinion that there lies any obligation upon him from any Oath, Covenant or Engagement whatsoever, No Legislative power in either or both Houses of Parliament without the King. to endeavour a change of Government, either in Church or State; or out of an Opinion, that both Houses of Parliament, or either of them, have a Legislative Power without the King; All which Assertions have been seditiously maintained in some Pamphlets lately Printed, and are daily promoted by the active enemies of our Peace and Happiness: Be it therefore further Enacted by the Authority aforesaid, That if any person or persons, at any time after the Four and twentieth day of June, in the year of our Lord, One thousand six hundred sixty and one, shall maliciously and advisedly, by writing, Printing, Preaching, or other speaking, express, publish, utter, declare or affirm, That the Parliament begun at Westminster upon the Third day of November, in the year of our Lord, One thousand six hundred and Forty, is not yet dissolved, or is not determined, or that it ought to 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 Houses of Parliament, or either House of Parliament, have, or hath a Legislative Power without the King, Praemunire. or any other words to the same effect; That then every such person and persons so as aforesaid offending, shall incur the danger and penalty of a Praemunire mentioned in a Statute made in the Sixtéenth year of the Reign of King Richard the Second. The Solemn League and Covenant unlawful, and illegally imposed. Certain Orders and Ordinances of both or either Houses of Parliament declared void. Proviso, the said Orders, etc. may be made use of according to the Act of Indemnity. Stat. 12 Car. 2. cap. 11. And it is hereby also declared, That the Oath usually called the Solemn League and Covenant, was in itself an unlawful Oath, and imposed upon the Subjects of this Realm against the Fundamental Laws and Liberties of this Kingdom, and that all Orders and 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 making, and still are, and so shall be taken to be, null and void to all intents and purposes whatsoever. Provided nevertheless, That all and every person and persons, Bodies Politic and Corporate, who have been, or shall at any time hereafter be questioned for any thing acted or done by colour of any the orders or Ordinances herein before mentioned and declared to be null and void, and are Indemnified by an Act entitled An Act of free and General Pardon Indemnity and Oblivion, made in the Twelfth year of His Majesty's Reign that now is, or shall be Indemnified by an● Act of Parliament, shall and may make such use of the said Orders and Ordinances for their Indemnity according to the true intent and meaning of the said Act, and no other, as he or they might have done if this Act had not been made, any thing in this Act contained to the contrary notwithstanding. No person to be prosecuted for any offences in this Act (other than Treason (unless by special order from his Majesty: And within six months after the offence committed. Treasons and offences within this Act to be proved by two witnesses viva v●●● Provided always, That no person be prosecuted for any of the offences in this Act mentioned (other than such as are made and declared to be high Treason) unless it be by Order of the King's Majesty, his Heirs or Successors, under his or their Sign Manual, or by Order of the Council Table of his Majesty, his Heirs or Successors, directed unto the Attorney-General for the time being, or some other of the Council learned to his Majesty, his Heirs or Successors, for the time being; nor shall any person or persons by virtue of this present Act incur any of the penalties herein before mentioned, unless he or they be prosecuted within six month's next after the Offence committed, and indicted thereupon within three months after such prosecution, any thing herein contained to the contrary notwithstanding. Provided always, and be it Enacted, That no person or persons shall be indicted, arraigned, condemned, convicted or attainted for any of the Treasons, or Offences aforesaid, unless the same Offender or Offenders be thereof accused by the Testimony and deposition of two lawful and credible Witnesses upon Oath, which witnesses at the time of the said Offender or Offenders arraignment, shall be brought in person before him or them face to face, and shall openly avow and maintain upon Oath what they have to say against him or them concerning the Treason or Offences contained in the said Indictment, unless the party or parties arraigned shall willingly without violence confess the same. Proviso, for the Privilege at Debates in Parliament. For repeal or alteration of Laws, or redressing public Grievances. Provided likewise, and be it Enacted, That this Act or any thing therein contained, shall not extend to deprive either of the Houses of Parliament, or any of their Members, of their just ancient Freedom and Privilege of debating any matters or business, which shall be propounded or debated in either of the said Houses, or at any Conferences or Committées of both or either of the said Houses of Parliament, or touching the repeal or alteration of any old, or preparing any new Laws, or the redressing of any public Grievance; but that the said Members of either of the said Houses, and the Assistants of the House of Péers, and every of them, shall have the same freedom of speech, and all other Privileges whatsoever, as they had before the making of this Act; any thing in this Act to the contrary thereof in any wise notwithstanding. Provided always, and be it Ordained and Enacted, Proviso, for Peerage and Peers. That no Péer of this Realm shall be tried for any offence against this Act, but by his Péers; And further, That every Péer who shall be convicted of any offence against this Act, after such conviction, be disabled during his life to sit in Parliament, unless his Majesty shall graciously be pleased to pardon him. And if his Majesty shall grant his pardon to any Péer of this Realm, or Commoner, convicted of any offence against this Act, after such Pardon granted, the Péer or Commoner so pardoned shall be restored to all intents and purposes, as if he had never been convicted; any thing in this Law to the contrary in any wise notwithstanding. CAP. II. An Act of Parliament, Entitled, An Act for disenabling all persons in Holy Orders to exercise any Temporal Jurisdiction or Authority, Repealed. WHereas at the Parliament begun at Westminster, the Third day of November, in the Sixtéenth year of the Reign of our late Sovereign Lord King Charles of blessed memory, since deceased, an Act of Parliament was made, Entitled, An Act for disenabling all persons in Holy Orders to exercise any Temporal Jurisdiction or Authority; Stat. 17 Car. 1. cap. 27. Rep. 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; Be it Enacted by the Kings most Excellent Majesty, by and with the Advice and Consent of the Lords and Commons in this present Parliament assembled, and by the Authority of the same, That the said Act, Entitled, An Act for disenabling all persons in holy Orders to exercise any Temporal Jurisdiction or Authority, and every clause, matter and thing therein contained, shall be, and is hereby from henceforth repealed, annulled, and made void to all intents and purposes whatsoever. CAP. III. All such moneys, Goods, and other things which were Received, Levied, or Collected in these late Times, and are remaining in the hands or possession of any Treasurers, Receivers, Collectors, or others not pardoned by the Act of Oblivion, declared to be Vested and settled in His Majesty. WHereas divers Doubts have been made, whether or no the moneys, Goods, Chattels, and other things excepted to be accounted for in the Act of Free and General Pardon, Indemnity and Oblivion, made and passed in the Parliament begun at Westminster the Five and twentieth day of April, in the Twelfth year of your Majesty's Reign, do belong unto, and of right are in your Majesty; for that the same were not levied, received, collected, or taken by your Majesty's Authority, or to your Majesty's use: For remedy, and clearing whereof, Goods and moneys levied since the 30. of jan. 1642. and not pardoned, are vested in his Majesty. We the Lords and Commons assembled in Parliament humbly beseech your Majesty, that it may be Enacted, and be it Declared, Enacted, and Ordained by the Kings most Excellent Majesty, by and with the Advice and Consent of the Lords and Commons assembled in Parliament, and by the Authority thereof, That all and every sum and sums of Money, Goods, Plate, jewels, Horses, Arms, Ammunition, and other things whatsoever, levied, received, or taken since the Thirtieth of January, One thousand six hundred forty two, by any of the late pretended Authorities, or by pretence or colour of any Power or Authority, derived or pretended to be derived from them, or any of them, for any public use, which are not pardoned by the said Act, which are not otherwise vested and settled in the King's Majesty, and all Bonds, Obligations, Stat. 12 Car. 2. cap. 11. and other Securities entered into for the same, or any part thereof, be and are hereby vested and settled in the King's Majesty, 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 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 his Majesty's Name by Authority from his Majesty, or to his Majesty's use, any Law, or Statute, Usage, or Custom to the contrary in any wise notwithstanding. And be it further Enacted by the Authority aforesaid, That all and every person or persons which have received any the aforesaid sum or sums of money from any Treasurer or Receiver for any public use, by way of Impressed, to be accounted for, which are not pardoned or discharged by the aforesaid Act, shall be liable to account, and called to account in such manner and form, as if they had received the same out of his Majesty's Exchequer, or any other public Treasury; The Revenues of the Churches in Wales. and particularly those persons that have received or collected the Revenues of any Churches, or Vicarages in Wales, or in the County of Monmouth, since the year of our Lord, One thousand six hundred forty eight; Provided they have all due allowances in their accounts, as all such persons whose accounts are excepted in the Act of Oblivion, have or aught to have. And to the end his Majesty may be the better enabled to discover, Commissions for discovery. and sue for all such moneys, Goods, and other things invested in his Majesty by this Act; it is further ordained and Enacted by the Authority aforesaid, That His Majesty, His Heirs and Successors, shall and may from time to time issue forth such, and so many Commissions, to such, and so many persons, as his Majesty shall think fit, either under the great Seal of England, or the Seal of his Majesty's Exchequer, for the better discovering, levying, receiving, and discharging the same. Persons accountable enabled to sue for and levy all arrears. And be it further Enacted by the Authority aforesaid, That all persons accountable to his Majesty by this Act, shall have full power and Authority, and are hereby enabled to sue for, Levy, and recover from the parties from whom the same was, and is due, and for which they are hereby accountable, all sums of Money and Arrears, in such manner and form as they might have recovered and levied the same when they first grew due; Provided this Act or any thing therein contained, shall not extend to call any person to account, or to question any person for Goods or other things remaining in his hands which shall not be called to account, Proviso, none to be questioned but upon some prosecution begun before the 24 of june 1662. or some Information against him, either in the Exchequer, or Commissioners to be appointed as aforesaid, before the four and twentieth of June, which shall be in the year of our Lord one thousand six hundred sixty two; and that the said Information be prosecuted with effect within twelve months after the Exhibition thereof. CAP. IU. An Act for a free and Voluntary present to his Majesty. EXP. Proviso, declaring no commissions of this nature but by authority of Parliament. ANd be it hereby 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 supply hereby granted, shall not be drawn into example for the time to come. 1 R. 3. ca 2. CAPr V For preventing Tumults, and Disorders, upon pretence of preparing or presenting public Petitions, or other Addresses, to his Majesty, or the Parliament. Tumultuous and disorderly preparing petitions a great occasion of the late wars and calamities. Whereas it hath been found by sad experience, that Tumultuous, and other Disorderly soliciting, and procuring of Hands by private Persons to Petitions, Complaints, Remonstrances, and Declarations, and other Addresses to the King, or to both, or either Houses of Parliament, for alteration of matters established by Law, redress of pretended grievances in Church or State, or other public Concernments, have been made use of to serve the ends of Factious and Seditious persons gotten into power, to the violation of the public Peace, and have been a great means of the late unhappy Wars, Confusions, and Calamities in this Nation; for preventing the like mischief for the future; No person after the 1 Aug. 1661. shall solicit or procure any petition, etc. for altering any established law in Church or state. Be it Enacted by the Kings most Excellent Majesty, by and with the consent of the Lords and Commons Assembled in Parliament, and by the Authority of the same, That no person or persons whatsoever, shall from and after the first of August, One thousand six hundred sixty and one, 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 Parliament, for alteration of matters established by Law in Church or State, unless the matter thereof have been first consented unto, and Ordered by three or more justices of the 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 Mayor, aldermans, and Commons in Common Council assembled; And that no person or persons whatsoever shall repair to his Majesty, or both or either of the Houses of Parliament, upon pretence of presenting, or delivering any Petition, Complaint, Remonstrance or Declaration, or other Addresses accompanied with excessive number of People, nor at any one time with above the number of Ten persons, upon pain of incurring a penalty, not exceeding the sum of one hundred pounds in money, and three month's Imprisonment without Bail or Mainprize for every offence, to be prosecuted at the Court of 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. Proviso. Provided always, that this Act, or any thing therein contained, shall not be construed to extend, to debar or hinder any person or persons, not exceeding the number of Ten aforesaid, to present any public or private Grievance or Complaint to any Member or Members of Parliament after this Election, and during the continuance of the Parliament, or to the King's Majesty, for any Remedy to be thereupon had; nor to extend to any Address whatsoever to his Majesty, by all or any of the Members of both or either Houses of Parliament, during the sitting of Parliament, but that they may enjoy their freedom of Access to his Majesty, as heretofore hath been used. CAP. VI The Militia declared to be in the King; and for the present Ordering and Disposing the same. The command of the Militia by Sea and land, the undoubted right of his Majesty. FOrasmuch as within all His Majesty's Realms and Dominions, the sole Supreme Government, Command, and Disposition of the Militia, and all Forces by Sea and Land, and of all Forts and Places of strength, is, and by the Laws of England ever was the undoubted Right of His Majesty, and his Royal Predecessors, Kings and Queen's of England; 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 thereof hath of late years been practised almost to the Ruin and Destruction of this Kingdom; and during the late usurped Governments, many evil and Rebellious Principles have been distilled into the minds of the People of this Kingdom, which unless prevented, may break forth to the disturbance of the Peace and Quiet thereof. And whereas an Act is under consideration for exercising the Militia, An Act under consideration touching the Militia. with most safety and case to the King and his People, which Act cannot as yet be perfect; Be it therefore Enacted by the Kings most Excellent Majesty, by, and with the Advice and Consent of the Lords and Commons assembled in Parliament, That the Militia and Land-Forces of this Kingdgom, and of the Dominion of Wales, and Town of Berwick upon Tweed, now under the Power of Lieutenants or their Deputies, shall be exercised, ordered, and managed until the Five and twentieth day of March next ensuing, in such manner as the same now is actually exercised, ordered, and managed, according to such Commissions and Instructions as they formerly have, or from time to time shall receive from his Majesty. And whereas since the Twenty fourth of June, One thousand six hundred and sixty, there have been Insurrections, by occasion whereof divers of his Majesty's good Subjects have been murdered; and for the securing the Peace of the Nation, and preventing further disorders, divers persons suspected to be fanatics, Sectaries, or Disturbers of the Peace, have been Assaulted, Arrested, Detained or Imprisoned, and divers Arms have been seized, and Houses searched for Arms, or suspected persons; Be it therefore further Enacted by the Authority aforesaid, That all and every person and persons, who have or shall have acted, Persons who have Acted by commission of Lieutenancy. or done any thing in execution of any Commission or Commissions of Lieutenancy, issued by the King's Majesty that now is, or by colour of them, or any of them, touching or concerning the same, or any of them, or relating thereunto, shall be and are hereby saved harmless and indemnified in this behalf: And also all Magistrates, justices of the Peace, Officers and Ministers of justice, and all persons that have or shall have acted by or under them, or by their or any of their Commands, since the said Twenty fourth day of June, One thousand six hundred and sixty, until the twentieth day of July, One thousand six hundred sixty and one, as to any assaulting, arresting, detaining, or imprisoning any person suspected to be Fanatic, Sectary, or Disturber of the Peace, or seizing of Arms, or searching of Houses for Arms, or for suspected persons, shall be, and are hereby saved harmless, and indemnified in that behalf. Provided, That neither this Act, nor any thing therein contained, Proviso. shall after the Five and twentieth of March next, be prejudicial to any County, City, or Place within this Kingdom, which are overcharged with Men and Arms beyond their ancient proportion. Provided, That neither this Act, nor any matter or thing therein contained, shall be deemed, construed, or taken to extend to the giving or declaring of any Power for the transporting of any the 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: Provided, That no person whatsoever shall be capable of acting as a Lieutenant, No person may be Lieutenant or Deputy Lieutenant that hath not taken the Oaths of Allegiance and supremacy. or Deputy-Lieutenant, or other Officer or Soldier, by Virtue of this Act, who hath not already taken the Oaths of Allegiance and Supremacy, since the Return of his Majesty into England, until he shall take the same according to the Laws and Statutes of this Kingdom: Which Oaths the Lords of His Privy Council, or any six of them, are hereby empowered to administer to any Péer of this Realm, who shall be Commissionated by Virtue of this Act; and the Deputy-Lieutenants, or any two of them, in their respective Counties, to any Commoner. 14 Car. 2. cap. 3. & 8. 15 Car. 2. cap. 4. Stat. 3. CAP. VII. Public Acts Confirmed. WHereas during the late Difficulties and Exigencies of Affairs in the absence of His most Excellent Majesty, and in reference to his Return from beyond the Seas into these His Majesty's Dominions, The Lords and Commons being assembled at Westminster, the Five and twentieth day of April, in the Twelfth Year of his Majesty's Reign, were from thence, and after his Majesty's Return, continued until the Nine and twentieth day of December, than next following, and now last past, and then Dissolved by his Majesty: In which time several Acts were Passed by his Majesty, by and with the Advice and Consent of the Lords and Commons Assembled, as aforesaid, which being of necessary use, are fit to be Continued and Confirmed, although the manner of the said Assembling enforced by the Difficulties and Exigencies aforesaid, which then lay upon the Nation, is not to be drawn into Example; Be it therefore Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords and Commons in this present Parliament Assembled, and the Authority of the same, That all and singular the Acts, made, or mentioned to be made by His said Majesty, by and with the Advice and Consent of the Lords and Commons upon or since the said Five and twentieth day of April, herein after particularly mentioned and expressed, That is to say, One Act Entitled, Stat. 12. Car. 2. cap. 11. Stat. 12. Car. 2. cap. 4. Stat. 12 Car. 2. cap. 5. Stat. 12 Car. 2. cap. 8. Stat. 12 Car. 2. cap. 9 Stat. 12 Car. 2. cap. 12. Stat. 12 Car. 2. cap. 15. Stat. 12 Car. 2. cap. 10. Stat. 12 Car. 2. cap. 19 Stat. 12 Car. 2. cap. 20. Stat 12 Car. 2. cap. 23. Stat. 12 Car. 2. cap. 24. Stat. 12 Car. 2. cap. 25. Stat. 12 Car. 2. cap. 26. Stat. 12 Car. 2. cap. 27. An Act of Free and General Pardon, Indemnity and Oblivion: 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: One other Act Entitled, An Act for continuing the Excise until the Twentieth of August One thousand six hundred and sixty: One other Act Entitled, An Act for Continuing the Excise till the Five and twentieth Day of December One thousand six hundred and sixty: One other 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: One other Act Entitled, An Act for Confirmation of Judicial Proceed: One other Act Entitled, An Act for the speedy Disbanding of the Army and Garrisons of this Kingdom: One other Act Entitled, 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: One other Act Entitled, An Act to prevent Frauds and Concealments of His Majesty's Customs and Subsidies: One other Act entitled, An Act for Raising Sevenscore Thousand Pounds for the complete Disbanding of the whole Army, and Paying off some part of the Navy: 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: One other Act entitled, 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: One other Act entitled, 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 Prices of the same: One other Act Entitled, An Act for the Levying of the Arrears of the Twelve Month's Assessment commencing the Four and Twentieth day of June, One Thousand Six Hundred Fifty and Nine: and the Six Month's Assessment commencing the Five and Twentieth of December, One Thousand Six Hundred Fifty and Nine: One other Act entitled, 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: Stat. 12 Car. 2. cap. 28. Stat. 12 Car. 2. cap. 29. Stat. 12 Car. 2. cap. 30. S●at 12 Car. 2. cap. 35. Stat. 12 Car. 2. cap. 2. One other Act entitled, An Act for the 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: One other Act entitled, An Act for the Raising of Seventy Thousand Pounds for the further Supply of His Majesty: One other Act entitled, An Act for the Attainder of several Persons guilty of the Horrid Murder of his late Sacred Majesty, King CHARLES the First: One other Act Entitled, An Act for Erecting and Establishing a Post-Office: One other Act entitled, An Act for putting in Execution an Ordinance mentioned in th●s Act; and all and every the Clauses, Sentences, and Articles in them, and every of them contained, shall be, and hereby are Ratified, and Confirmed, and Enacted, and Declared to have the full Force and Strength of Acts of Parliament according to the tenor or purport thereof, and so shall be adjudged, deemed, and taken to all Intents and Purposes whatsoever, and as if the same had been made, declared, and Enacted by Authority of this present Parliament. CAP. VIII. Necessary Carriages to be provided for His Majesty in his Royal Progress and Removals. Stat. 12 Car. 2. cap. 24. WHereas by an Act made in Parliament in the Twelfth year of His Majesty's Reign, Entitled, 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: It was (amongst other Things) Enacted for the Reasons and Recompense therein expressed, That from thenceforth no person or persons, by any Warrant, Commission, or Authority under the Great Seal, or otherwise, by colour of buying, or making Provision, or Purveyance for his Majesty, or any Queen of England for the time being, or of any the Children of any King, or Queen of England, that shall be, or for his, their, or any of their Household, shall take any Cart, Carriage, or other thing whatsoever of any of the Subjects of His Majesty, his Heirs, or Successors, without the free and full consent of the Owner, or Owners thereof, had, and obtained without Menace, or enforcement, nor shall summon, warn, take, use, or require any the said Subjects to furnish or find any Horses, Oxen, or other , Carts, Ploughs, wains, or other Carriages, for the use of his Majesty, his Heirs or Successors, or of any Queen of England, or of any Child, or Children of any the Kings, or Queen's of England for the time being, for the Carrying the Goods of his Majesty, his Heirs or Successors, or the said Queen's, or Children, or any of them, without such full and free consent, as aforesaid, any Law, Statute, Custom, or Usage to the contrary notwithstanding; which Act may prove very prejudicial and inconvenient to the King's Majesty in his Royal Progresses upon his necessary occasions to several parts of this Realm, in case any person or persons shall obstinately refuse voluntarily to provide sufficient Carriages for Royal service at ordinary and usual Rates for such Carriages, as are paid by others of his Subjects in such places, contrary to the true intent and meaning of the said Act. Clerk or chief Officer of his Majesty's carriages, by Warrant from the Green-cloath to provide Carts, etc. for his Majesty's use. Be it therefore Enacted by the Kings most Excellent Majesty, by and with the advice and consent of the Lords and Commons in this present Parliament assembled, That the Clerk, or chief Officer of his Majesty's Carriages, shall three days at least before his Majesty's Arrival, by Warrant from the Green cloth, give notice in writing to two, or more of his Majesty's 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, Penalty for refusing to furnish his Majesty. the respective Owners shall receive six pence for each Mile they shall go laden. And that in case any of his Majesty's Subjects of this Realm shall refuse 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 their Wardrobe, and other necessaries, 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 Peace of the County, or Mayor, or other chief Officer of the City, or Corporation, where he or they inhabit, (which Oath they shall have power to administer) the party so refusing shall for such his refusal and neglect forfeit the sum of Forty shillings to the King's use, to be forthwith levied by distress and sale of his Goods and Chattels (rendering to the parties the overplus upon every such sale, if there shall be any) by Warrant from the said justices of the Peace, Mayor, or other chief Officer. Provided always, That no Horses, Oxen, Cart or Wain, No horses or carriages to travel above a day's journey, nor without pay of ready money. shall be enforced to travel above one day's journey from the place where they receive their Lading; 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. And in case any justice of the Peace, Mayor, chief Officer, or Constable, shall take any Gift or Reward to spare any person or persons from making such Carriage; or shall injuriously charge or grieve any person through envy, hatred, or evil will, who ought not to make such Carriage, or shall Impress more Carriages than he shall be directed from the Green Cloth to do, That then upon due proof and conviction thereof, the party so offending shall forfeit the sum of Ten pounds to the party thereby grieved, or any other who shall sue for the same, to be recovered by Action of Debt in any of his Majesty's Courts of Record; wherein no Protection, Essoin, Penalty for wrongful charging any person. or Wager of Law shall be allowed: And in case any person or persons shall presume to take upon him or them to Impress any horses, Oxen, cart, wain, or carriages for his Majesty's service, other than the person so impowered, than he or they so offending, shall, upon due conviction of the said offence, incur and suffer the punishment contained in the first recited Act. And whereas of late in his Majesty's Progresses, excessive Rates and Prices have been exacted from his Majesty's servants for lodging, horse-meat, stable-room, and other accommodations; Rates for horse-meat and diet for his Majesty's Servants. Be it therefore Enacted by the Authority aforesaid, That none of his Majesties said Servants shall be compelled to pay above one shilling by the night for every bed that they shall use 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 for their horses, convenient lodging shall be provided for themselves and their Servants, without paying any thing for the same. And be it further Enacted by the Authority aforesaid, Rates & Prices to be set down by two justices of the Peace. that any two or more of the justices of the Peace near adjoining to 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 in their discretion shall think meet; which Rates, one day at the least before his Majesty's coming to such place, the said justices shall cause to be proclaimed in the Market Town next to such place, Penalty for taking more than limited for lodging, etc. and in such of the Neighbouring Towns and Villages as to them shall seem meet, to the end that notice may be taken of such Rates and Prices. And if any person shall take any other sum then what is, or shall be so limited, either for Lodging, Horse-meat, Stable-room, or other such accommodations, and be thereof convicted by confession of the party, or by the Oath of one credible witness, before any one justice of the Peace (which Oath the said justice of the Peace is hereby authorized to administer) That then in such case every person so offending, shall forfeit, and pay to the party grieved, the sum of Forty shillings; the same to be levied by distress by Warrant from the said justice of the Peace, and sale thereof, returning the overplus to the party (the charge of the distraining being first deducted:) This Act to have continuance till the end of the first Session of the next Parliament, and no longer. CAP. IX. Articles and Orders for the regulating and better Government of His Majesty's Navies, Ships of War, and Forces by Sea. FOr the regulating and better Government of his Majesty's Navies, Ships of War, and Forces by Sea; wherein under the good Providence and Protection of God, the Wealth, Safety, and Strength of this Kingdom is so much concerned, Articles to be observed. Be it Enacted by the Kings most Excellent Majesty, with the advice and consent of the Lords and Commons in this present Parliament assembled, and by the Authority thereof, That all and every the Articles and Orders in this Act mentioned, shall be duly and respectively put in Execution, observed, and obeyed in manner hereafter mentioned. I. The public Worship of God. THat all Commanders, Captains, and other Officers at Sea, shall cause the public Worship of Almighty God according to the Liturgy of the Church of England, established by Law, to be solemnly, orderly, and reverently performed in their respective Ships: And that prayers and preach by the respective Chaplains, in holy Orders, of the respective Ships, be performed diligently; and that the Lords Day be observed according to Law. II. Swearing, Drunkenness, etc. Every person and persons in his Majesty's pay, using unlawful and rash Oaths, Curse, Execrations, Drunkenness, Uncleanness, or other Scandalous Actions in derogation of God's Honour, and corruption of good manners, shall be punished by Fine, Imprisonment, or otherwise, as the Court-Martial shall think fit. III. Holding any foreign Intelligence. If any Officer, Mariner, Soldier, or other person in the Fleet, shall give, hold, or entertain Intelligence, to, or with any King, Prince, or State, being Enemy to, or any persons in Rebellion against his Majesty, his Heirs and Successors, without direction or leave from the King's Majesty, the Lord High Admiral, Vice-Admiral, or Commander in Chief of any Squadron, every such person or persons so offending, shall be punished with death. iv Letters or Messages from any foreign Prince, etc. Enemy to the King. If any Letter or Message from any King, Foreign Prince, State, or Potentate, being an Enemy to the King's Majesty, his Heirs and Successors, or on their behalf, be conveyed to any Inferior Officer, Mariner, or Soldier, or other in the Fleet, and the said Officer, Mariner, Soldier, or other as aforesaid, do not within twelve hours (having opportunity so to do) acquaint the Superior Commander with it; or if a Superior Officer, or Mariner, being acquainted therewith by an Inferior Officer, Mariner, or other, or himself in his own person, receiving a letter or message from any such Enemy or Rebel, and shall not in convenient time reveal the same to the Admiral, Vice-Admiral, or the Commander of the Squadron, every such person shall be punished with death, or such other punishment as the Court-Martial shall think fit. V Relieving of any Enemy. No person or persons of the Fleet shall relieve an Enemy or Rebel, in time of War, with money, Victuals, Powder, Shot, Arms, Ammunition, or any other Supplies whatsoever, directly or indirectly, upon pain of death, or such other punishment as the Court-Martial shall think fit to impose. VI Papers, Charter-Parties, etc. taken in any Ship seized as Prize. All the Papers, Charter-Parties, Bills of Lading, Passports, and other Writings whatsoever, that shall be taken, seized, or found aboard any Ship or Ships which shall be surprised, or seized as Prize, shall be duly preserved, and not torn, nor made away, but the very Originals sent up entirely, and without fraud, to the Court of Admiralty, or such other Commissioners as shall be appointed for that purpose; there to be viewed, made use of, and proceeded upon according to Law, upon pain of loss of all the shares of the Takers, and such further punishment to be inflicted upon the Offenders therein, as the quality of their offence and misdemeanour shall be found to deserve, and the Court-Martial shall impose. VII. Prize, Ships or Goods seized for prize. None in his Majesty'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 first passed in the Admiralty Court, but the full and entire account of the whole, without imbezelment, shall be brought in, and judgement passed entirely upon the whole, without fraud, upon pain of such punishment as shall be imposed by a Court-Martial, or the Court of Admiralty; excepting, That it shall be lawful for all Captains, Seamen, Soldiers, and others, serving as aforesaid, to take and to have to themselves as Pillage, without further or other account to be given for the same, all such Goods and Merchandizes (other than Arms, Ammunition, Tackle, Furniture, or Stores of such Ship) as shall be found by them, or any of them, in any Ship (they shall take in fight or prize) upon or above the Gun-deck of the said Ship, and not otherwise. VIII. Imbezeling any Cables, Anchors, etc. None shall imbezle, steal, or take away any Cables, Anchors, Sails, or any of the Ships Furniture, or any of the Powder, or Arms, or Ammunition of the Ship, upon pain of death, or other punishment, as the quality of the offence shall be found by a Court-Martial to deserve. IX. Foreign ships taken as prize not making resistance. If any Foreign Ship or Vessel shall be taken as prize, that shall not fight or make resistance, that in that case, none of the Captains, Masters or Mariners, being Foreigners, shall be stripped of their Clothes, or in any sort pillaged, beaten, or evil entreated, upon pain, That the person or persons so offending, shall forfeit double Damages; but the said Foreign Ships, and all the Goods so taken, shall be preserved entire to receive judgement in the Admiralty Court, according to Right and justice. X. Every Captain or Commander, who upon signal or order of fight, or view, The duty of Captains, etc. upon signal of fight. or sight of any Ships of the Enemy, Pirate, or Rebel, or likelihood of Engagement, shall not put all things in his Ship in a fit posture for fight, and shall not in his own person, and according to his place, hearten and encourage the inferior Officers and common men to fight courageously, and not to behave themselves faintly, shall be cashiered: And if he or they shall yield to the Enemy, Pirate, Not to yield or cry for quarter. or Rebels, or cry for quarter, he or they so doing shall suffer the pains of death, or such other punishment as the offence shall deserve. XI. Every Captain, Commander, and other Officer, Seamen, or Soldier of any Ship, All Officers shall observe the commands of the Admiral. Frigate or Vessel of War, shall duly observe the Commands of the Admiral, or other his Superior or Commander of any Squadron, as well for the Assailing or Setting upon any Fleet, Squadron, or Ships of the Enemy, Pirate, or Rebels, or joining Battle with them, or making defence against them, as all other the Commands of the Admiral, or other his Superior Commander, upon pain to suffer death or other punishment as the quality of his neglect or offence shall deserve. XII. Every Captain, and all other Officers, Mariners, and Soldiers of every Ship, Frigate, Officers that in time of fight shall withdraw, or not fight. or Vessel of War, that shall in time of any fight or engagement, withdraw or keep back, or not come into the fight and engage, and do his utmost, to take, fire, kill, and endamage the Enemy, Pirate, or Rebels, and assist, and relieve all and every of his Majesty's Ships; shall for such offence of cowardice or disaffection, be tried and suffer pains of death, or other punishment, as the circumstances of the offence shall deserve, and the court-martial shall judge fit. XIII. The Captains, Officers, and Seamen of all Ships, Officers and Ships appointed for Convoy, their duty. appointed for Convoy and Guard of Merchant's Ships, or any other, shall diligently attend upon that Charge, without delay, according to their Instructions in that behalf, and whosoever shall be faulty therein, and shall not faithfully perform the same, and defend the Ships and Goods in their Convoy, without either diverting to other Parts or Occasions; or refusing or neglecting to fight in their defence, Penalty for non-performance. if they be set upon, or assailed, or running away cowardly, and submitting those in their, Convoy to hazard and peril, or shall demand and exact any money, or other Reward from any Merchant or Master, for convoying of any such Ships or other Vessels belonging to his Majesty's Subjects, shall be condemned to make reparation of the damage to the Merchants, Owners and others, as the Court of Admiralty shall adjudge; and also be punished criminally according to the quality of their offences, be it by pains of death or other punishment, according as shall be judged fit by the Court-Martial. XIV. Whatsoever Person or Persons, in, or belonging to the Fleet, either through cowardice, The penalty for not chase an Enemy, or not relievieg a Friend. negligence, or disaffection, shall forbear to pursue the chase of any Enemy or Pirate, or Rebel beaten, or flying, or shall not relieve or assist a known friend in view, to the utmost of his power, shall be punished with death, or otherwise, as a Court-Martial shall find fit. XV. When at any time, service or action shall be commanded, Service commanded shall not be stopped or discouraged. no man shall presume to stop or put backward, or discourage the said service and action, by pretence of Arrears of Wages, or upon any pretence of Wages whatsoever, upon pain of death. XVI. All Sea-Captains, Officers and Seamen, that shall betray their trust, or turn to the Enemy, None shall betray their trust, nor yield to the Enemy. Pirate, or Rebels, and either run away with their Ship or any Ordnance, Ammunition, or Provision, to the weakening of the Service, or yield the same up to the Enemy, Pirate, or Rebels, shall be punished with death. XVII. All Sea-Captains, Officers, or Mariners, Deserting the Service, or running away. that shall desert the Service or their Employment in the Ships, or shall run away, or entice any others so to do, shall be punished with death. XVIII. All persons whatsoever that shall come, or be found in the nature of Spies, Spies. to bring any seducing Letters or Messages from any Enemy or Rebel, or shall attempt or endeavour to corrupt any Captain, Officer, Mariner, or other of the Navy or Fleet, to betray his or their Trust, and yield up any Ship or Ammunition, or turn to the Enemy or Rebel, shall be punished with death. XIX. No person in or belonging to the Fleet, shall utter any words of Sedition or Mutiny, Sedition, mutiny. nor make or endeavour to make any Mutinous Assemblies upon any pretence whatsoever, upon pain of death. XX. Concealers of traitorous or mutinous practices or words. No person in or belonging to the Fleet, shall conceal any Traitorous or Mutinous practices, designs, or words, or any words spoken by any to the prejudice of his Majesty, or Government, or any words, practices, or designs tending to the hindrance of the Service, but shall forthwith reveal them to his Superior, that a meet proceeding may be had thereupon, upon pain of such punishment as a Court-Martial shall find to be just. XXI. Quarrelling or striking a Superior Officer. None shall presume to quarrel with his Superior Officer, upon pain of severe punishment, nor to strike any such upon pain of death, or otherwise, as a Court-Martial shall find the matter to deserve. XXII. Vnwholsomness of Victuals. If any of the Fleet find cause of Complaint of the unwholsomness of his Victuals, or upon other just ground, he shall quietly make the same known to his Superior, or Captain, or Commander in chief, as the occasion may deserve, that such present remedy may be had as the matter may require, and the said Superior or Commander is to cause the same to be presently remedied accordingly; but no person upon any such or other pretence, shall privately attempt to stir up any disturbance, upon pain of such severe punishment as a Court-Martial shall find meet to inflict. XXIII. Quarrelling or provoking speeches. None shall quarrel or fight in the Ship, nor use reproachful or provoking Speeches tending to make any quarrel or disturbance, upon pain of Imprisonment, and such other punishment as the offence shall deserve, and the Court-Martial shall impose. XXIV. Wasteful expense of Ammunition. That there be no wasteful expense of any Powder, Shot, Ammunition, or other Stores in the Fleet, nor any imbezelment thereof, but that the Stores and Provisions be carefully preserved upon such penalties by Fine, Imprisonment, or otherwise, upon the Offenders, Abetters, Buyers, and Receivers, as shall be by a Court-Martial found just in that behalf. XXV. Care of conducting and steering ships. That care be taken in the Conducting and Stéering of the Ships, that through wilfulness, negligence, or other defaults, none of his Majesty's Ships be stranded or run upon any Rocks or Sands, or split, or hazarded, upon pain, that such as shall be found guilty therein, be punished by Fine, Imprisonment, or otherwise, as the offence by a Court-Martial shall be adjudged to deserve. XXVI. Burning a Ship. All persons that shall willingly burn or set fire on any Ship, or Magazine, or Store of Powder, or Ship, Boat, Catch, Hoy, or Vessel, or Tackle, or Furniture thereto belonging, not appertaining to an Enemy or Rebel, shall be punished with death. XXVII. Sleeping upon Watch. No Man, in, or belonging to the Fleet, shall sleep upon his Watch, or negligently perform the Duty imposed on him, or forsake his station, upon pain of death, or other punishment, as the circumstances of the Case shall require. XXVIII. Murders. All Murders and wilful Killing of any persons in the Ship, shall be punished with death. XXIX. Robbery and Theft. All Robbery and Theft committed by any person, in or belonging to the Fleet, shall be punished with death, or otherwise, as the court-martial upon consideration of circumstances shall find meet. XXX. Provost-Mar●ial prisoners. No Provost-Marshal belonging to the Fleet, shall refuse to receive or keep any Prisoner committed to his charge, nor suffer him to escape, being once in his custody, nor dismiss him without order, upon pain of being liable to the same punishment which should have been inflicted upon the party dismissed, or permitted to escape, or such other punishment as the Court-Martial shall think fit. XXXI. Apprehending offenders. All Captains, Officers, and Seamen, shall do their endeavours to detect, apprehend, and bring to punishment all offenders, and shall assist the Officers appointed for that purpose therein, upon pain to be proceeded against, and punished by the Court-Martial at discretion. XXXII. Sodomy. If any person or persons, in or belonging to the Fleet, shall commit the unnatural and detestable sin of Buggery or Sodomy with Man or Beast, he shall be punished with death without mercy. XXXIII. Misdemeanours, and Disorders at Sea. All other Faults, Misdemeanours, and Disorders committed at Sea, not mentioned in this Act, shall be punished according to the Laws and Customs in such Cases used at Sea. XXXIV. And it is hereby further Enacted, The Lord High Admiral's power to grant Commissions to call Court Marshal's. That the Lord High Admiral for the time being shall by virtue of this Act, have full power and Authority to grant Commissions to inferior Vice-admirals', or Commander in chief of any Squadron of Ships, to call and assemble Court-martials', consisting of Commanders and Captains; and no Court-Martial where the pains of death shall be inflicted shall consist of less than five Captains at least, 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 the Articles aforesaid, or any of them (except in case of Mutiny) there shall be execution of such Sentence of Death, without the leave of the Lord High Admiral, if the offence be committed within the Narrow-Seas: But in case any of the offences aforesaid be committed in any Voyage beyond the Narrow-Seas, whereupon Sentence of death shall be given in pursuance of the aforesaid Articles, or of any of them; then Execution shall not be done but by Order of the Commander in chief of that Fleet or Squadron wherein Sentence of death was passed. XXXV. And be it further Enacted and Declared, That the judge-advocate of any Fleet, judge Advocate of any fleet to administer an oath for trial of offences. Court Marshal. for the time being, shall have full power and Authority to administer an Oath to any person or witness in order to the Examination or Trial of any of the offences aforesaid; and in the absence of a judg-advocate, the Court-Martial shall have full power and Authority to appoint any person to administer an Oath to the purpose aforesaid. Provided also, and be it further Enacted by the Authority aforesaid, Proviso touching the powers of the Lord Admiral That this Act or any thing or things therein contained, shall not in any manner of wise extend to give unto the Lord Admiral of England, for the time being, or to any his Vice-admirals', judge or judges of the Admiralty, his or their Deputy or Deputies, or to any other the Officers or Ministers of the Admiralty, or to any others having or claiming any Admiral Power, jurisdiction, or Authority within this Realm and Wales, or any other the King's Dominions, any other power, right, jurisdiction, Pre-eminence, or Authority, than he or they, or any of them, lawfully have, hath, or had, or aught to have and enjoy before the making of this Act, other then for such of the offences specified in the several Articles contained in this Act, as hereafter shall be 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 jurisdiction of the Admiralty, and in none other places whatsoever, and committed only by such persons as shall be in actual Service and pay in His Majesty's Fleet, or Ships of War. CAP. X. For preventing the unlawful Coursing, Hunting, or Killing of Deer. For the better preventing of the unlawful Coursing, Hunting, Taking, or Killing of Dear, Unlawful hunting or killing of Deer. by many Idle, Lose, and disorderly persons; Be it Enacted by the Kings most Excellent Majesty, and by the advice and Consent of the Lords and Commons in Parliament Assembled, and by the Authority of the same, That if any person or persons shall from, and after the first day of August next, unlawfully course, kill, hunt, or take away any Red or Fallow Dear, in any Forest, Chase, Purleiw, Paddock, Wood, Park, or other Ground where Dear 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 the confession of the party, or by the Oath of one or more credible witnesses, before one or more justices of the Peace (who are hereby empowered to administer an Oath to that purpose) such person being prosecuted for such offence within six months after such offence done; that then every person so offending shall forfeit for every such offence the sum of Twenty pounds to be levied by way of Distress upon the Goods and Chattels of every such Offender by Warrant under the justice's hand, before whom such conviction shall be made; The Penalty. the one moiety of the said Twenty pounds to be given to the Informer, and the other moiety to the Owner of the Dear; And for want of sufficient Distress, the Offender shall be committed to the House of Correction for six months, and there to be put to hard labour, or to the Common-Gaol for one whole year, without Bail or Mainprise, at the Discretion of the justices of the Peace before whom such Conviction shall be (and not to be discharged from thence till he or they have given sufficient Sureties for their Good-behaviour, for one whole year next ensuing after his or their enlargement,) Provided, that where any Offender shall be punished by force of this Act, that he shall not be prosecuted nor incur the penalty of any other Law or Statute for the same offence. 19 H. 7. c. 11. 3 Jac. c. 13. 7 Jac. c. 13. CAP. XI. The Confirmation of Three Acts therein mentioned. BE it Enacted by the Kings most Excellent Majesty, by, and with the advice and consent of the Lords and Commons in this present Parliament assembled, and by the Authority of the same, That the several Acts herein after mentioned, made, or mentioned to be made upon or since the Twenty fifth day of April, in the Twelfth year of his said Majesty's Reign, by his said Majesty, by and with the advice or consent of the Lords and Commons Assembled at Westminster upon the said 25th of April, and there continued until the 29th day of December than next following, and then dissolved; which said Acts are herein after particularly mentioned and expressed by the several and respective Titles following, St. 12 Car. 2. cap. 29 St. 12 Car. 2. cap. 33. St. 12 Car. 2. ●ap. 14. That is to say, One Act Entitled, An Act for the raising of Seventy thousand pounds for the further Supply of his Majesty; And one other Act entitled, An Act for Confirmation of Marriages; and one other Act entitled, An Act for a perpetual Anniversary shanksgiving on the Twenty ninth day of May; and all and every the Clauses, Sentences, and Articles in them, and every of them, contained, shall be, and hereby are Ratified, and Confirmed, and Enacted, and Declared, to have the full force and strength of Acts of Parliament, according to the tenor and purport thereof, and so shall be adjudged, deemed, and taken to all intents and purposes whatsoever, and as if the same had been made, declared, and Enacted by Authority of this present Parliament. CAP. XII. Explanation of a Clause contained in an Act of Parliament made in the Seventeenth Year of the late King Charles, Entitled, An Act for Repeal of a Branch of a Statute Primo Elizabethae, concerning Commissioners for Causes Ecclesiastical. Whereas in an Act of Parliament made in the Seventeenth year of the late King Charles, Entitled, An Act for Repeal of a Branch of a Statute Primo Elizabethae concerning Commissioners for Causes Ecclesiastical, St. 17 Car. 1. cap. 11. it is (amongst other things) Enacted, That no Archbishop, Bishop, nor Vicar-General, nor any Chancellor, nor Commissary of any Archbishop, Bishop, or Vicar-General, nor any Ordinary whatsoever, nor any other Spiritual or Ecclesiastical judge, Officer, or Minister of justice, nor any other person or persons whatsoever, exercising Spiritual or Ecclesiastical Power, Authority, or jurisdiction, by any Grant, Licence, or Commission of the King's 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 then should be in the year of our Lord God, One thousand six hundred forty one) Award, Impose, or Inflict any Pain, Penalty, Fine, Amerciament, Imprisonment, or other Corporal punishment upon any of the King's Subjects, for any contempt, misdemeanour, crime, offence, matter, or thing whatsoever, belonging to Spiritual or Ecclesiastical Cognizance or jurisdiction, whereupon some doubt hath been made, that all ordinary power of Coercion and Proceed in Causes Ecclesiastical were taken away, whereby the ordinary course of justice in Causes Ecclesiastical hath been obstructed; Be it therefore declared and Enacted by the Kings most Excellent Majesty, by and with the advice and consent of the Lords and Commons in this present Parliament assembled, The ordinary power of Archbishops, etc. not taken away. and by the Authority thereof, That neither the said Act, nor any thing therein contained, doth, or shall take away any ordinary Power or Authority from any of the said Arch-Bishops, Bishops, or any other person or persons named as aforesaid, but that they and every of them, exercising Ecclesiastical jurisdiction, may proceed, determine, sentence, execute, and exercise all manner of Ecclesiastical jurisdiction, May use Ecclesiastical jurisdiction. and all Censures 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 Majesties 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. The Stat. 17. Car. 1. cap. 11. Rep. as to all except what concerns the High Commiss on Court Proviso. And be it further Enacted by the Authority aforesaid, That the afore recited Act of Decimo septimo Caroli, 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, Any thing, clause, or sentence in the said Act contained to the contrary notwithstanding. Provided always, and it is hereby Enacted, That neither this Act, nor any thing herein contained, shall extend, or be construed to revive, or give force to the said Branch of the said Statute made in the said first year of the Reign of the said late Queen Elizabeth, mentioned in the said Act of Parliament made in the said seventéenth year of the Reign of the said King Charles; but that the said Branch of the said Statute made in the said first year of the Reign of the said Queen Elizabeth, shall stand and be repealed in such sort as if this Act had never been made. Provided also, and it is hereby further Enacted, That it shall not be lawful for any Archbishop, Proviso touching the oath Ex Officio. Bishop, Vicar-General, Chancellor, Commissary, or any other Spiritual or Ecclesiastical judge, Officer, or Minister, or any other person, having or exercising Spiritual or Ecclesiastical jurisdiction, to tender or administer unto any person whatsoever, the Oath usually 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; Any thing in this Statute, or any other Law, Custom, or Usage heretofore to the contrary hereof in any wise notwithstanding. Proviso not to give any other jurisdiction to any Archbishop, etc. than they had by law before the year 1639. The King's Supremacy in Ecclesiastical matters. Canon's Ecclesiastical. Provided always, That this Act or any thing therein contained, shall not extend or be construed to extend to give unto any Archbishop, Bishop, or any other Spiritual or Ecclesiastical judge, Officer, or other person or persons aforesaid, any power or authority to exercise, execute, inflict, or determine any Ecclesiastical jurisdiction, Censure, or Coercion, which they might not by Law have done before the year of our Lord 1639, nor to abridge or diminish the King's Majesty's Supremacy in Ecclesiastical Matters and Affairs, nor to confirm the Canons made in the year 1640. nor any of them, nor any other Ecclesiastical 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 the Lord 1639. CAP. XIII. The Arrears of the Excise and New Impost vested in His Majesty. BE it Declared and Enacted by the Kings most Excellent Majesty, All Moneys owing upon Excise by any Laws or Ordinances vested in his Majesty. by and with the advice and consent of the Lords and Commons assembled in Parliament, and by the Authority thereof, That all and every sum and sums of money any ways due, or owing from, or by any person or persons whatsoever, for or touching the Imposition or Duty called the Excise, heretofore imposed and made payable upon Béer, Ale, or any other Commodities, by any Laws, or pretended Laws or Ordinances; and all Debts therefore owing, whether by Obligation or upon Account from Farmers of Excise, or any other person or persons whatsoever, or any of their Securities, and not pardoned by his Majesty's most Gracious Act of Pardon and Oblivion, be, and are hereby vested and settled in the King's Majesty, 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 good, true, legal, and effectual Acts of Parliament, and had in express words given and granted all and every the said Duties of Excise or new Impost unto his Majesty; and as if the Obligations and Recognizances entered into by the respective Sureties and Securities had, at the time of entering into the same, been taken in his Majesty's Name, according to the form prescribed in the Statute made in the Three and thirtieth year of the Reign of King Henry the Eight. 33 H. 8. c. 39 Provided always, That all and every person and persons accountable by virtue of this Act, Proviso for allowances. St. 12 Car. 2. cap. 11. shall have all such due allowance in his or their accounts, as all such persons whose accounts are accepted in an Act, Entitled, An Act of Free and General Pardon, Indemnity, and Oblivion, have, or aught to have. Provided always, Proviso no person to be questioned, unless he be such before the 25 of December 1662. All persons accountable shall have authority to levy and recover all Arrears. That no person shall be questioned or molested for any of the Duties herein, or hereby vested in his Majesty, unless he shall be sued or prosecuted with effect before the Five and twentieth day of December, which shall be in the year of our Lord, One thousand six hundred sixty two. Provided also, and be it Enacted by the Authority aforesaid, That all persons accountable to his Majesty by this Act, shall have power and authority, and are hereby enabled to sue for, levy, and recover from any person or persons who do stand indebted unto them in any sum of money for the Duty or Impost of Excise, for which they are hereby accountable, all sums of money and Arrears unsatisfied, in as full and ample manner and form as they might have received and levied the same when they first grew due. CAP. XIV. The Confirmation of an Act Entitled, An Act for Encouraging and Increasing of Shipping, and Navigation, and several other Acts both Public and Private mentioned therein. WHereas during the late difficulties and exigencies of affairs in the absence of his most Excellent Majesty, and in reference to his return from beyond the Seas into these his Majesty's Dominions; The Lords and Commons being assembled at Westminster the Five and twentieth day of April, in the twelfth year of his Majesty's Reign, were from thence, and after his Majesty's return, continued until the nine and twentieth day of December than next following, and now last past, and then dissolved by his Majesty; in which time several Acts were passed by his Majesty; by and with the advice and consent of the said Lords and Commons assembled as aforesaid, which being of necessary use, are fit to be continued and confirmed, although the manner of the said assembling, enforced by the difficulties and exigencies aforesaid, which then lay upon the Nation, is not to be drawn into example. Be it therefore Enacted by the Kings most Excellent Majesty, by and with the advice and consent of the Lords and Commons in this present Parliament Assembled, and by the Authority of the same, That all and singular the Acts made or mentioned to be made by his said Majesty, by and with the advice or consent of the Lords and Commons, upon or since the said Five and twentieth day of April, herein after particularly mentioned and expressed (that is to say) One Act, Entitled, An Act for the encouraging and increasing of Shipping and Navigation: One other Act, St. 12 Car. 2. cap. 18. St. 12 Car. 2. cap. 32. St. 12 Car. 2. cap. 36. St. 12 Car. 2. cap. 34. St. 12 Car. 2. cap. 13. St. 12 Car. 2. cap. 6. Entitled, An Act for Prohibiting the Exportation of Wool, Woolfells, Fuller's Earth, or any kind of Scouring Earth. One other Act, Entitled, 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. One other Act, Entitled, An Act for prohibiting the Planting, Setting, or Sowing of Tobacco in England and Ireland. One other Act, Entitled, An Act for restraining the taking of Excessive Usury. One other Act, Entitled, An Act for the present nominating of Commissioners of Sewers. One other Act, Entitled, An Act for the Incorporating of the Master and Wardens of the Company of Haberdashers, LONDON, to be Governors of the Free-School and Almshouses 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 hereby are Ratified and Confirmed, and Enacted and Declared to have the full force and strength of Acts of Parliament, according to the tenor and purport thereof, and so shall be adjudged, deemed and taken, to all intents and purposes whatsoever, and as if the same had been Made, Declared and Enacted by Authority of this present Parliament. CAP. XV. The Pains, Penalties and Forfeitures Imposed upon the Estates and Persons of certain notorious Offenders excepted out of the Act of Free and General Pardon, Indemnity, and Oblivion. St. 12 Car. 2. cap. 11. The Lands and Tenements of the persons deceased, not discharged by the Act of General Pardon. Whereas in a certain Act passed in the late assembly held at Westminster, in the Twelfth year of His Majesty's Reign, and confirmed by the Authority of this present Parliament, Entitled, An Act of Free and General Pardon, Indemnity, and Oblivion (amongst other things) it is provided, that nothing therein contained should extend to discharge the Lands, Tenements, Goods, Chattels, Rights, Trusts, and other the Hereditaments late of Isaac Ewer deceased, Sir John Danvers deceased, Sir Thomas Maleverer Baronet deceased, William Purefoy deceased, John Blakiston deceased, Sir William Constable Baronet deceased, Richard Dean deceased, Francis Aleyn deceased, Peregrin Pelham deceased, John Moor deceased, John Aldred, alias Alured deceased, Humphrey Edward's deceased, Sir Gregory Norton Baronet deceased, John Venn deceased, Thomas Andrews Alderman deceased, Anthony Stapley deceased, Thomas Horton deceased, John Fry deceased, Thomas Hammond deceased, and Sir John Bourchier deceased, of and from such pains, penalties and forfeitures, as by one other Act of Parliament intended to be afterwards passed for that purpose, should be expressed and declared: All which persons before mentioned, were (whilst they lived) notoriously known to have been wicked and active Instruments in the prosecution and compassing of that horrid and Execrable Treason, the Murder of our late Sovereign Lord King CHARLES the First, of ever blessed memory. And whereas William Lord Mounson, James chaloner, Sir Henry Mildmay, Sir James Harrington, John Phelps, and Robert Wallop, who in the month of January, One thousand six hundred forty eight, did act and fit in that Traitorous Assembly which proceeded against the Person and Life of our said late Sovereign Lord King CHARLES the First; and Sir Arthur Haslerig, who in his life did commit many horrid and Traitorous Crimes against the Person, Crown and Dignity of his late Majesty of glorious memory, and his Majesty that now is, are all of them excepted out of the said Act, and reserved to future Pains, Penalties and Forfeitures, not extending to life; since the passing of which Act, so as aforesaid confirmed, Sir Arthur Haslerig and James chaloner died, and no Act hath yet passed for the inflicting of due Pains, Penalties, and Forfeitures upon the Persons and Estates of the Offenders aforesaid. We therefore the Lords and Commons in Parliament assembed, do beseech 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 and Commons in this present Parliament assembled, The Manors, Lands, etc. of the persons named. and by authority of the same, 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 them the said Isaac Ewer, Sir John Danvers, Sir Thomas Maleverer, William Purefoy, John Blakiston, Sir William Constable, Richard Dean, Francis Aleyn, Peregrin Pelham, John Moor, John Aldred, alias Alured, Humphrey Edward, Sir Gregory Norton, John Venn, Thomas Andrews, Of which they were seized the 20th. of March 1646. or since, forfeited and vested in his Majesty. The goods, debts, & Chattels, of which the persons named were possessed at the time of their death forfeited to his Majesty. The goods, etc. of which William Lord Mounson, Sir Hen. Mildmay, Sir James Harrington, John Phelps, and Rob. Wallop, were possessed the 11. of Feb. 1659. forfeited and vested in his Majesty. Anthony Stapley, Thomas Horton, John Fry, Thomas Hammond, Sir John Bourchier, William Lord Mounson, James chaloner, Sir Henry Mildmay, Sir James Harrington, John Phelps, Robert Wallop, and Sir Arthur Haslerig, which they, or any of them, or any other person or persons to their, or any of their uses, or in trust for them, or any of them had the five and twentieth day of March in the year of our Lord, One thousand six hundred forty and six, or at any time since, shall stand, and be forfeited unto your Majesty, your Heirs and Successors; and shall be deemed, vested, and adjudged to be in the actual and real possession of Your Majesty, without any Office or Inquisition thereof hereafter to be taken or found; And also that all and every the Goods, Debts, and other the Chattels personal whatsoever of them, the said Isaac Ewer, Sir John Danvers, Sir Thomas Maleverer, William Purefoy, John Blakiston, Sir William Constable, Richard Dean, Francis Aleyn, Peregrin Pelham, John Moor, John Aldred, alias Alured, Humphrey Edwards, Sir Gregory Norton, John Venn, Thomas Andrews, Anthony Stapley, Thomas Horton, John Fry, Thomas Hammond, Sir John Bourchier, James chaloner, and Sir Arthur Haslerig, whereof they, or any of them, at the 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, Debts, and other the Chattels personal whatsoever of them the said William Lord Mounson, Sir Henry Mildmay, Sir James Harrington, John Phelps, Robert Wallop, whereof upon the eleventh day of February, in the year of our Lord, One thousand six hundred fifty and nine, 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 deemed and adjudged to be forfeited, and are hereby vested and put into the actual and real possession of your Majesty, without any further Office or Inquisition thereof hereafter to be taken or found. Provided always, and be it Enacted by the Authority aforesaid, That no Conveyance, Assurance, Grant, Bargain, Sale, Charge, Lease, Assignment of Lease, Grants, Proviso for conveyances and assurances, etc. made bona fide before the 29. of September, and Surrenders by Copy of Court-Roll, Estate, Interest, Trust or Limitation of any use or uses, of, or out of any Manors, Lands, Tenements or Hereditaments, not being the Lands nor Hereditaments of the late King, Queen or Prince, or of any Archbishops, Bishops, Deans, Deans and Chapters, nor being Lands or Hereditaments sold or given for the Delinquency, or pretended Delinquency of any person or persons whatsoever, by virtue or pretext of some Act, Order, Ordinance, or reputed Act, Order or Ordinance since the First day of January, one thousand six hundred forty and one, nor any Statute, judgement or Recognizance, had, made, acknowledged or suffered to any person or persons, Bodies politic or Corporate, before the Nine and Twentieth day of September, one thousand six hundred fifty and nine, by any of the Offenders before in this Act mentioned, or their Heirs, or by any other person or persons claiming by, from, or under them, or any of them, other than the Wife or Wives, Child or Children, Heir or Heirs of such person or persons, or any of them for money bona fide to them, or any of them paid, or lent, or other valuable consideration, nor any conveyance, assurance, Conveyances and assurances made before the 25th. of April. 1660. grant or Estate made before the five and twentieth day of April, One thousand six hundred and fifty, by any person or persons to any of 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, defeated, made void, or frustrated hereby, or by any of the Convictions and Attainders aforesaid; But that the same shall be held and enjoyed by the Purchasers, Grantées, Lessées, Assigns, Cestuy que use, Cestuy que trust, and every of them, their Heirs, Executors, Administrators and Assigns respectively, as if this Act had not been made, so as the said Conveyances, and all and every the Grants and Assurances, which by virtue of this Act are, and aught to be held and enjoyed as aforesaid, shall before the first day of January, which shall be in the year of our Lord, So as they be enrolled in the Exchequer before the first of jan. 1662. One thousand six hundred sixty and two, be entered, and enroled of Record in his Majesty's Court of Exchequer, and not otherwise, any thing in this Act herein before contained to the contrary in any wise notwithstanding. And be it further Enacted by the Authority aforesaid, That William Lord Mounson, William Lord Mounson, Sir Henry Mildmay, Sir James Harrington, Robert Wallop and John Phelps degraded. Sir Henry Mildmay, Sir James Harrington, Robert Wallop Esquire, and John Phelps, and every of them shall be, and are hereby degraded from, and made uncapable of, all and every the Titles of Honour, Dignities and Preeminences which they or any of them now have, or which at any time hereafter may descend unto them; And that neither they, nor any of them shall at any time hereafter have, hear, or use the Name, Style, Addition or Title of Lord, Baronet, Knight, Esquire, or Gentleman, or any of them, nor shall use, or have any Coats, or Escutcheons of Arms whatsoever, nor any other legal Title, or addition whatsoever, but shall be for ever reputed, and are hereby declared to be Persons of Dishonour and Infamy. And further, That they the said William Mounson, Henry Mildmay, James Harrington, William Mounsor, Hen● Mildmay, James Harrington, Robert Wallop & John Phelps shall be drawn to Tyburn as persons executed for treason. Robert Wallop, and John Phelps, and every of them, shall upon the seven and twentieth day of January, which shall be in the year of our Lord, One thousand six hundred sixty one, 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, and according to the manner of persons executed for High Treason, quite through the streets of London unto the Gallows at Tyburn, and from thence in like manner be brought back again to the Tower of London; and there, or in such other Prison as his Majesty shall think fit, continue Prisoners, and suffer pains of Imprisonment for and during the Term of their Natural Lives. Provided always, Proviso for executors of the said persons and legacies. That no Executor or Administrator to any of the dead Persons whose Estate is forfeited by this Act, shall at any time hereafter be sued or molested for any Debt or Legacy by them paid as Executor or Administrator to any person or persons to whom the same was due or bequeathed, and was by the said Executor or Administrator paid bona fide; but the respective Legatées who have received any such Legacies from the said Executors, shall be accountable to the King's Majesty for all such Legacies as they have respectively received, and shall pay the same to the Kings most Excellent Majesty. Provided always, That nothing in this Act shall be construed to forfeit the Term, Estate, Proviso for Sir William Lewes. or Interest which Sir William Lewes of Borden in the County of Southampton Baronet, had or hath in the custody of the Park called East-mean Park in the aforesaid 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 (he the said Sir William being formerly possessed thereof) by an Assignment made by John Allen Executor of the said Francis Allen, the which said Park and Premises being part of the Possessions of the Bishop of Winchester, the said Sir William Lewes hath surrendered unto the said Bishop, and hath now taken a new Lease thereof for three lives, from the Bishop of Winchester, the which said Lease for three lives so made by the said Bishop unto the said Sir William Lewes, shall for, and notwithstanding this Act, or any thing therein contained, remain firm and good unto the said Sir William Lewes, according to the true meaning of his said Lease; saving always to all and every person and persons, Bodies politic, and others their respective Heirs, Successors, Executors and Administrators, all such Estate, Right and Title, and Interest in Law and Equity, which they, or any of them have, or aught to have of, in, to, or out of any the Premises, not being in Trust for any the said Offenders, nor derived by, from, or under the said offences, since the five and twentieth day of March, one thousand six hundred forty six; saving always and reserving to Cuthbert Collingwood Esquire, and George Collingwood Gent. his Son, their, or either of their Heirs and Assigns, and the Farmers and Tenants of the said Cuthbert and George Collingwood, or either of them, and of their Heirs and Assigns, all such Right, Title of Entry and Action, Use, Interest and Possession, which they, or any of them, or any in trust for them, or any of them, have or had, or aught to have, of, in, to, or out of the Manors, Townships, Villages, Hamlets and Precincts of Islington, Whitingham, Barton, Throunton, Fawden, Keynton, 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, Hereditaments, Rights, Members and Appurtenances to them, or any of them belonging or appertaining, as if this Act had never been made. Proviso for Rachel Pour. Provided also, that this Act, nor any thing herein contained, shall extend to prejudice the Estate and Interest in Law or Equity of Rachel Pour Widow, of, in, and to one Copyhold Message and Mill thereunto belonging, with their Appurtenances, Scituate, lying and being in Chepmansford in the County of Southampton, being parcel of the Manor of Husband Priors, which by order and decree of the High-Court of Chancery of the one and twentieth of June, One thousand six hundred sixty one, she is to be forthwith restored unto, and put into possession of, and to quietly hold and enjoy the same during her Widowhood, with the mean profits thereof taken by the said Mr, Wallop: But that it shall and may be lawful to and for the said Rachel Pour to hold and enjoy the same according to the said Decree. Proviso for Sir John Bourchier. Provided always, and it is hereby further Enacted, That it shall and may be lawful to and for Barrington Bourchier Esquire, Son and Heir of Sir John Bourchier, herein before mentioned, to hold and enjoy all and singular the Lands, Tenements and Hereditaments to him lately granted and conveyed, or mentioned to be granted and conveyed, in and by certain Letters Patents under the Great Seal of England, bearing date the Two and twentieth day of March, in the thirtéenth year of His Majesty's Reign, against His Majesty, His Heirs and Successors for ever, according to the full intent and meaning of the said Letters Patents; Any thing in this present Act contained to the contrary thereof in any wise notwithstanding. Anno XIII. Car. II. Regis. ACTS made at the second meeting in this present Parliament begun at Westminster the 8th. day of May, Anno Dom. 1661. And there continued until the 20th. of December, and from that day adjourned unto the seventh of January next ensuing, as followeth. CAP. I. An Act for the well Governing and Regulating of Corporations, impowring the King to issue Commissions for the removing, placing and restoring certain Officers and Members there. FOr and within the several Cities, Corporations and Burroughs, and Cinque-Ports, and their Members, and other Port-Towns within the Kingdom of England, Dominion of Wales, and Town of Berwick upon Tweed, viz. All Mayors, Aldermen, Recorders, Bailiffs, Town-Clerks, Common-Councel-men, and other persons then bearing any Office or Offices of Magistracy, or Places, or Trusts, or other Employment relating to, or concerning the Government of the said respective Cities, Corporations and Burroughs, and Cinque-ports, and their Members, and other Port-Towns, and for tendering to all such the Oaths of Allegiance and Supremacy, and this Oath following. I A. B. do declare and believe, That it is not lawful, upon any pretence whatsoever, to take Arms against the King; and that I do abhor that Traitorous Position of taking Arms by His Authority against His Person, or against those that are Commissioned by Him: So help me God. And also for subscribing this following Declaration. I A. B. do declare, That I hold that there lies no Obligation upon me, or any other person, from the Oath commonly called, The Solemn League and Covenant; and that the same was in itself an unlawful Oath, and imposed upon the Subjects of this Realm, against the known Laws and Liberties of the Kingdom. EXP. 25. March, 1663. as to the Power of the said Commission and Commissioners. But None to be chosen any Officer in any Corporation that shall not have taken the Sacrament within a year next before. Provided also, and Enacted by the Authority aforesaid, That from and after the expiration of the said Commissions, no person or persons shall for ever hereafter be placed, elected or chosen, in or to any the Offices or Places aforesaid, that shall not have within one year next before such Election, or Choice, taken the Sacrament of the Lords Supper, according to the Rights of the Church of England; and that every such person and persons so placed, elected or chosen, shall likewise take the aforesaid three Oaths, and subscribe the said Declaration at the same time, And shall take the said three Oaths, and subscribe the said Declaration. when the Oath for the due execution of the said Places and Offices respectively shall be administered; And in default hereof, every such placing, election and choice is hereby Enacted and Declared to be void. CAP. II. Vexations and Oppressions by Arrests, and of Delays in Suits of Law prevented. WHereas by the Ancient and Fundamental Laws of this Realm, The ancient fundamental Law in proceeding to arrests upon Suits, to express the true cause of Action in the Process. in case where any person is Sued, Impleaded, or Arrested, by any Writ, Bill, or Process, issuing out of any of His Majesty's Courts of Records at Westminster, in any Common Plea, at the Suit of an● Common person, the true cause of Action ought to be set forth and particularly expressed in such Writ, Bill, or Process; whereby the Defendant may have certain knowledge of the cause of the Suit, and the Officer who shall execute such Writ, Bill, or Process, may know how to take Security for the Appearance of the Defendant to the same, and the sureties for such Appearances, may rightly understand for what cause they become engaged; And whereas there is a great Complaint of the People of this Realm, that for divers years now last passed, very many of His Majesty's good Subjects have been arrested upon general Writs of Trespass, quare clausum fregit, Bills of Middlesex, Latitats, and other like Writs issued out of the Courts of King's Bench and Common-Pleas, not expressing any particular or certain cause of Action, and thereupon kept prisoners for a long time for want of Bail; Bonds with Sureties for Appearances having been demanded in so great sums, that few or none have dared to be security for the Appearances of such persons so arrested and imprisoned, although in truth there hath been little or no cause of Action, and often times there are no such persons who were named Plaintiffs, but those Arrests have been, many times, procured by malicious persons, to vex and oppress the Defendants, or to force from them unreasonable and unjust Compositions for obtaining their Liberty; And by such evil practices, many men have been, and are daily, undone and destroyed in their Estates, without possibility of having Reparation: The Actors employed in such practices having been (for the most part) poor and lurking persons, and their Actings so secret, that it hath been found very difficult to make true discoveries or proof thereof. For remedy and prevention of which, so great growing evils and mischiefs, and also for discouraging all frivolous and unjust Suits, and Causeless Arrests 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 the Authority of the same, That from and after the Twelfth day of February, in the year of our Lord, Persons arrested by Process out of the King's Bench or Common Pleas, not expressing the cause of Action how to be bailed and set to liberty upon their own Bonds for appearance. One thousand six hundred sixty and one, no person or persons, who shall happen to be arrested by any Sheriff, under-sheriff; Coronor, Steward, or Bailiff of any Franchise or Liberty, or by any other Officer, Minister, Vnder-bailiff, or other person or persons whatsoever within this Realm, having, or pretending to have, Authority or Warrant in that behalf, by force or colour of any Writ, Bill, or Process issuing, or to be issuing out of His Majesties said Courts of King's Bench, and Common Pleas, or either of them, in which said Writ, Bill, or Process, the certainty and true cause of Action is not expressed particularly, and for which the Defendant or Defendants, in such Writ, Bill, or Process named, is and are bailable by the Statute in that behalf made in the three and twentieth year of the Reign of the late King Henry the sixth, shall be forced or compelled to give security, or to enter into Bond with Sureties, 23 H. 6. ca 10. for the Appearances of such person or persons so arrested, at the day and place in the said Writ, Bill, or Process, specified or contained in any penalty or sum of money, exceeding the sum of Forty pounds of lawful money of England, to be conditioned for such Appearances; and that all Sheriffs, and other Officers and Ministers aforesaid shall let to bail, and deliver out of Prison, and from their, and every of their Custodies respectively, all and every person and persons whatsoever, by them, or any of them, arrested; upon any such Writ, Bill, or Process, wherein the certainty and true cause of Action is not particularly expressed, upon Security in the sum of Forty pounds, and no more, given for Appearance of such person or persons so arrested unto the said Sheriff or Officer aforesaid, according to the said Statute in the said three and twentieth year of the Reign of the said late King Henry the sixth, in that behalf made and provided. And be it further Enacted by the Authority aforesaid, That upon Appearance to be Entered in the Term, wherein such Writ, Bill, or Process, is retornable with the respective Officer in that behalf, for the said person or persons, by Attorney or Attorneys in the said respective Courts, from whence the said Writ, Bill, or Process issued, unto such Writ, Bill, or Process, the Bond or Bonds so given for Appearance thereunto, Bonds (given for) discharged upon appearance. Nonsuit for want of a Declaration before the end of the next term after appearance, and judgement and costs against the Plaintiff. be and are hereby satisfied and dischargeed; And that after such Appearance so entered, no Amerciaments be set or Estreted upon or against any Sheriff or other Officer aforesaid, or any other person whatsoever, concerning the want of such Appearance, and unless the Plaintiff or Plaintiffs in any such Writ, Bill, or Process named, shall put into the Court from whence such Writ, Bill, or Process did issue, his or their Bill, or Declaration against the person or persons so Arrested in some personal Action, or Ejectione firmae of Lands or Tenements, before the end of the Term next following after Appearance, That then a Nonsuit for want of a Declaration, may be Entered against the said Plaintiff or Plaintiffs in the said Courts respectively; And that every Defendant in every such Writ, Bill, or Process named, shall or may have judgement to recover Costs against every such Plaintiff or Plaintiffs, to be Assessed, Taxed, and Levied in such manner, and according as it is provided by the Statute for Costs, made in the three and twentieth year of the Reign of the late King Henry the Eighth, 23 H. 8. ca 15. any former or other Act, Statute, Ordinance, Law, Custom, Order, Course, or Usage of either of the said Courts to the contrary thereof, heretofore had, made, admitted, or used in any wise notwithstanding. Provided always, that this Act, nor any Clause or thing herein before specified or contained, shall not extend, Arrests upon Capias utlagatum, Attachments upon Rescous, Contempts, and of Privilege, excepted. nor be construed or taken to extend unto any Arrests hereafter to be made, upon or by Virtue of any Writ of Capias utlagatum, Attachment upon Rescous, or Attachment upon any Contempt, or of any Attachment of Privilege, at the Suit of any privileged person, or of any other Attachment for Contempt whatsoever, issuing, or to be issing out of either of the said Courts, although there be no particular certainty of the cause of Action expressed or contained in the said Writs; But that nevertheless no Sheriff, nor under-sheriff, nor any of the Officers or Ministers aforesaid, shall discharge any person or persons, taken upon any Writ of Capias utlagatum, out of Custody, without a lawful Supersedeas first had and received for the same; and that upon the said Writs of Attachment, such lawful course be taken for Security for Appearance therein, as hath been heretofore used, any thing herein before expressed to the contrary thereof in any wise notwithstanding. And whereas many persons out of ill intent, to delay their Creditors from recovering their Just Debts, continue Prisoners in the Fleet, who cannot be proceeded against in such manner as they might be, if they were at Large: Now for the better enabling all persons to recover their just Debts and Demands against such Prisoners: How Persons having cause of action may proceed against Prisoners in the Fleet. Be it further Enacted by the Authority aforesaid, That every person or persons whatsoever, who now hath or have, or which at any time hereafter shall have cause of any personal Action against any person being a Prisoner in the prison of the Fleet, may Sue forth an Original Writ upon his or their cause of Action, And that a Writ of Habeas Corpus be granted to every such person or persons, being Plaintiff or Plaintiffs, desiring the same to be directed to the Warden of the same Prison, to have the Body of such prisoner before the justices of the Common Pleas at some certain day in any Term, to answer the said Plaintiff or Plaintiffs upon his or their said Cause of Action; And that if the said Plaintiff or Plaintiffs at the said day put into the said Court his or their Declaration, according to the said Original Writ against the said prisoner being present at the Bar, the said prisoner shall be bound to appear in person, or to put in an Attorney to appear for him in the said Action; And unless the said Defendant plead upon a Rule given to be out at eight days at the least after such Appearance, judgement by Nihil dicit may be entered against such Defendant as appearing in person, which shall be good and effectual in Law; And such charge in Court by Declarations, signified by Rule unto the said Warden, shall be a good cause of detention of such prisoner in his Custody, from which he shall not be discharged without a lawful Supersedeas or Rule of Court; And if the said Warden shall do otherwise, he shall be Responsible to the Court, and to the party grieved for Damages, by Action upon the case to be brought against him for discharging such prisoner. Delays in Suits, by reason of 15 days between the Teste and return of writs, remedied in actions personal. And whereas very many Suits Commenced by Original Writs, have been protracted and long delayed from judgement and Execution, by reason of the necessity of having fifteen days at the least, between the days of the Teste, and the days of Return of Writs now used in personal Actions, and also in Actions of Ejectione Firmae, for Lands and Tenements; For remedy thereof, and for the more easy expediting Trials, and the better and more speedy executing of judgements for the time to come; Be it further Enacted by the Authority aforesaid, That in all Actions of Debt, and all other personal Actions whatsoever, and also in all Actions of Ejectione firmae, Ejectione firmae. for Lands or Tenements now depending, or which at any time hereafter shall be depending by Original Writ, in either of His Majesty's Courts aforesaid, after any issue therein joined to be tried by a jury, and also after any judgement had or obtained, or to be had or obtained in either of the Courts aforesaid; Venire facias, Habeas Corpora Jurator. Distringas Jurator. Fieri fac. Capias ad satisfaciendum. Capias ad satisfaciendum, where Exigent lieth after judgement, or to make the Bail appear, excepted. 3. Jac. cap. 8. Touching staying executions by Supersedeas or Writs of Error, and what actions it may be stayed. There shall not need to be fifteen days between the Teste day and the day of return of any Writ or Writs of Venire facias, Habeas Corpora Juratorum, or Distringas Juratores, Writs of Fieri facias, or Writs of Capias ad satisfaciendum, and that the want of Fifteen days between the Teste day and the day of return of any such Writ shall not be, nor shall be assigned, taken or adjudged to be any matter or Cause of Error, any Law, Custom, Statute, Course, or Usage to the contrary thereof in any wise notwithstanding. Provided nevertheless, that this Act nor any thing therein contained, shall not Extend, or be construed to Extend, to any Writ of Capias ad Satisfaciendum, whereon a Writ of Exigent after judgement is to be awarded, nor to Capias ad Satisfaciendum against the Defendant, in Order to make any Bail liable, but that the same continue and be as if this Act had never been made. And whereas by an Act of Parliament made in the third year of the Reign of our late Sovereign Lord King James of Blessed Memory, a very good Law was made for avoiding unnecessary delays of Execution; Whereby it is Enacted, That no Execution shall be stayed or delayed upon or by any Writ of Error, or Supersedeas thereupon to be sued for the reversing of any judgement to be given in any Action, or Bill of Debt, upon any single Bond for Debt, or upon any Obligation with Condition for payment of money only, or upon Action, or Bill of Debt for Rent, or upon any Contract sued in any of His Highness Courts of Record at Westminster, or in the Counties Palatine of Chester, Lancaster, or Durham, or in His Highness Courts of Great Sessions in any of the Twelve Shires of Wales, unless such person or persons in whose name or names such Writ of Error shall be brought, with two sufficient Sureties, such as the Court wherein such judgement is or shall be given, shall allow of, shall first before such stay made, or Supersedeas to be awarded, be bound to the party for whom any such judgement was or should be given, by Recognizance to be acknowledged in the same Court, in double the sum adjudged to be recovered by the said former judgement, to prosecute the said Writ of Error with effect, and also to satisfy and pay (if the said judgement shall be affirmed) all and singular the Debts, Damages, and Costs adjudged, or to be adjudged upon the former judgement; And all Costs and Damages to be also awarded for the same delaying of Execution, which Law hath been found by experience to be very good and beneficial to the Commonwealth; And forasmuch as divers other Cases within the same mischief, by delays and staying of Execution by Writs of Error and Supersedeas thereupon, are not provided for by the said Statute; For further remedy against delays and staying of Executions in the several Actions hereafter specified. Be it further Enacted and Ordained by the Authority aforesaid, In what Actions execution may be stayed (by writ of Error) by this Statute. That from and after the twentieth day of January in the year of our Lord, One thousand six hundred sixty and one, no Execution shall be stayed in any of the Courts aforesaid, by any Writ or Writs of Error, or Supersedeas thereupon, after any Verdict and judgement thereupon obtained in any Action of Debt, grounded upon the Statute made in the second year of the Reign of the late King Edward the sixth, for not setting forth of Tithes, nor in any Action upon the Case, upon any promise for payment of money, Actions sur Trover, Action of Covenant, Detinue, and Trespass, unless such Recognizance, and in such manner as by the said recited former Act is directed, shall be first acknowledged in the said Court where such judgement is given. And be it also Enacted by the Authority aforesaid, The Defendant to have double Costs for delays of his Execution by writ of Error. That if any person or persons after the said day, shall Sue or Prosecute any Writ or Writs of Error, for Reversal of any judgement whatsoever given after any Verdict in any of the Courts aforesaid, and the said judgement shall afterwards be affirmed, than every such person or persons shall pay unto the Defendant or Defendants in the said Writ or Writs of Error, his or their double Costs to be assessed by the Court where such Writ of Error shall be depending, for the delaying of Execution. Provided nevertheless, that this Act, nor any thing therein contained, Popular actions, or upon a penal Law, Indictments, etc. not within this Statute. shall not extend to any Action Popular, nor unto any other Action, which is, or hereafter shall be brought upon any penal Law or Statute (except Debt for not setting out Tithes as aforesaid) nor to any Indictment, Presentment, Inquisition, Information, or Appeal, any thing herein before expressed to the contrary thereof notwithstanding. CAP. III. An Act for Granting unto the King's Majesty Twelve hundred and threescore thousand pounds to be Assessed and Levied by an Assessment of Threescore and ten thousand pounds by the Month, for Eighteen Months. EXP. CAP. IU. For enabling the King's Majesty to make Leases, Grants, and Copies of Offices, Lands, Tenements, and Hereditaments, parcel of his Highness' Duchy of Cornwall, or annexed to the same; and for Confirmation of Leases and Grants already made. WHereas a great part of the Lands, part of, and annexed to the Duchy of Cornwall, Stat. 22 Jac. cap. 29. have been held by sundry Leases thereof made for years, and for one, two, and three lives, by means whereof the Tenants have fixed Estates, have been encouraged to improve and manure the same, and have improved the same, and therein laid out great sums of Money in Building, and otherwise to the great advantage of the Public; And whereas for Twenty years and more, now last past, no such Leases have been legally made; so that it is probable most of the Tenants Estates will be determined, or near determination ere that there can be any Estates well and legally renewed, unless remedy therefore be provided; by means whereof, Waste, Spoil, and Dilapidation are likely to happen, the Lands worn out and decayed, and great disturbance and impoverishment to the Tenants; And whereas on the like consideration, King Charles the First was by special Law enabled to make such Leases; Be it Enacted by our Sovereign Lord the King, 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 all Leases or Grants already made, Leases by the King of Lands. etc. of the Duchy of Cornwall made good. or hereafter to be made within the space of three years now next ensuing by our said Sovereign Lord the King, by Letters Patents, Indentures, or other Writings under His Great Seal of England, or Seal of the Court of Exchequer, or by Copy of Court-Roll, according to the Customs of the respective Manors of any Offices, Parks, Lands, Tenements, or Hereditaments (other than Honours, Lordships, or Manors) parcel of the possessions of the said Duchy of Cornwall, or annexed to the same, shall be good and effectual in Law, according to the Purport and Contents of the said Leases, Grants, and Copies, against our said Sovereign Lord the King's Majesty, his Heirs and Successors, and against all and every person or persons, that shall hereafter have, inherit, or enjoy the said Dukedom of Cornwall, by force of any Act of Parliament, or other limitation whatsoever. Leases for above 31 years or three lives excepted. Provided always, That every such Lease so to be made of any Parks, Lands, Tenements, or Hereditaments in Possession, shall be made but for three lives or fewer, or for one and thirty years or under, or some other term of years determinable upon one, two, or three lives, and not above; And if such Leases be made in Reversion, That then the same, together with the Estates in Possession, do not exceed three lives, or the term of one and thirty years, and not in any wise dispunishable of Waste, Not to be dispunishable of Waste. The ancient rent to be reserved. and so, as upon every such Lease, shall be reserved the ancient or most usual rent, or more, or such Rent as hath been yielded or paid, for the greater part of twenty years, next before the making of the said Leases, and shall be reserved due and payable, by, or to him, or her that shall have the Inheritance, or other Estate of the said Parks, Lands, Tenements, or Hereditaments, and where no such Rent hath been reserved or payable, That then upon every such Lease, there shall be reserved a reasonable Rent, not being under the fourth part of the clear yearly value of the Parks, Lands, Tenements, or Hereditaments, contained in such Lease. Covenants & confusion's in such leases, grants, or, etc. shall be good. And be it further Ordained and Enacted by Authority of this present Parliament, That all Covenants, Conditions, and Reservations, and other Agréements contained in every Lease, Grant, or Copy heretofore made, or hereafter so to be made as aforesaid, shall be good and effectual in Law, according to the words and contents of the same, as well for, and against them, to whom the Reversion of the same Lands, Tenements, or Hereditaments shall come, as for and against them, to whom the Interest of the said Leases, Grants, or Copies, shall come respectively, as if our Sovereign Lord the King's Majesty at the time of the making of such Covenants, Conditions, and Reservations, and other agréements were seized of an absolute Indefeasible Estate in Fée-simple in the same Lands, Saving of others Rights. Tenements, or Hereditaments; Saving always to all and every person and persons, Bodies Politic and Corporate, their Heirs and Successors, Executors, Administrators, and Assigns, (other than our said Sovereign Lord the King's Majesty, and his Heirs, and all and every person and persons that shall hereafter have, inherit, or enjoy the said Dukedom of Cornwall, by force of any Act of Parliament, or other limitation whatsoever) all such Rights, Titles, Estates, Customs, Interests, Terms, Claims, and demands whatsoever, of what kind, nature, or quality whatsoever, or in, to, or out of the said Offices, Lands, Tenements, or Hereditaments, or any of them, as they or any of them had, or aught to have had before the making of this Act, to all intents and purposes, and in as large and ample manner and form, as if this Act had never been had or made; this Act or any thing therein contained, to the contrary notwithstanding. ACTS made in the Parliament begun and holden the 8th of May, Anno 13 Caroli Secundi Regis; And Continued to the 19th of May, 14 Caroli Regis. And thence Prorogued to the 18th of February than next following. CAP. I. Certain Persons called Quakers, and others, refusing to take lawful Oaths. Whereas of late times certain persons under the names of Quakers, and other names of Separation, Quakers & separations denying to take an Oath. have taken up, and maintained sundry dangerous Opinions and Tenants, and (amongst others) that the taking of an Oath in any case whatsoever, although before a lawful Magistrate, is altogether unlawful and contrary to the Word of God; and the said persons do daily refuse to take an Oath, though lawfully tendered, whereby it often happens that the truth is wholly suppressed, and the Administration of justice much obstructed; And whereas the said Persons under a pretence of Religious Worship, do often assemble themselves in great numbers in several parts of this Realm, to the great endangering of the Public Peace and Safety, and to the terror of the People, by maintaining a secret and strict correspondence amongst themselves, and in the mean time separating and dividing themselves from the rest of his Majesty's good and loyal Subjects, and from the Public Congregations, and usual places of Divine Worship. For the redressing therefore, and better preventing the many Mischiefs and dangers that do and may arise by such dangerous Tenants, and such unlawful Assemblies; Be it Enacted by the Kings Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual, and Temporal, and Commons Assembled in Parliament, and by Authority of the same, That if any person or persons who maintain that the taking of an Oath in any case whatsoever (although before a lawful Magistrate) is altogether unlawful, The penalty for refusing to 12 ● a lawful Oath. 16 Car. 2. c. 4. and contrary to the Word of God, from and after the four and twentieth day of March, in this present year of our Lord, One thousand six hundred sixty and one, shall wilfully, and obstinately refuse to take an Oath, where, by the Laws of the Realm, he or she is, or shall be bound to take the same, being lawfully and duly tendered, or shall endeavour to persuade any other person, to whom any such Oath shall in like manner be duly and lawfully tendered, to refuse, and forbear the taking of the same, or shall by Printing, Writing, or otherwise, go about to maintain and defend that the taking of an Oath in any case whatsoever, is altogether unlawful; And if the said persons commonly called Quakers, shall at any time after the said four and twentieth day of March, depart from the places of their several habitations, and assemble themselves to the number of five, or more, of the age of sixtéen years or upwards, at any one time, in any place, under pretence of joining in a Religious worship, not authorized by the Laws of this Realm, that then in all and every such cases, the party so offending being thereof lawfully convict, by verdict of twelve men, or by his own confession, or by the notorious evidence of the fact, shall lose and forfeit to the King's Majesty, his Heirs and Successors, for the first offence, such sum as shall be imposed upon him or her, not exceeding five pounds; And if any person or persons, being once convicted of any such offence, shall again offend therein, and shall in form aforesaid, be thereof lawfully convicted, shall for the second offence forfeit to the King our Sovereign Lord, his Heirs and Successors, The second offence. such sum as shall be imposed upon him or her, not exceeding ten pounds: The said respective penalties to be levied by distress and Sale of the party's goods so convicted, by warrant of the parties before whom they shall be so convicted, rendering the overplus to the owners, if any be: and for want of such distress, or nonpayment of the said penalty, within one week after such conviction, that then the said parties so convicted, shall for the first offence be committed to the Common-Goal, or house of Correction, for the space of three months; and for the second offence, during six months, without bail or Mainprize, there to be kept at hard labour: which said monies so to be levied, shall be paid to such person or persons, as shall be appointed by those before whom they shall be convicted, to be employed for the increase of the stock of the House of Correction, to which they shall be committed, and providing materials to set them on work. And if any person after he, in form aforesaid, hath been twice convict of any of the said offences, shall offend the third time, and be thereof in form aforesaid lawfully convict, that then every person so offending and convict, The third offence. shall for his or her third offence abjure the Realm, or otherwise it shall and may be lawful to and for his Majesty, his Heirs and Successors, to give order, and to cause him, her, or them, to be transported in any Ship or Ships, to any of his Majesty's Plantations beyond the Seas. And it is Ordained and Enacted by the Authority aforesaid, Who may hear and determine the offences within this Act. That all and every justice of Oyer and Terminer, justices of Assize, and Goal-delivery, and the justices of the Peace shall have full Power and Authority in every of their open and General Sessions, to inquire, hear, and determine all and every the said Offences, within the limits of their Commission, to them directed, and to make Process for the execution of the same, as they may do against any person being indicted before them of Trespass, or lawfully convicted thereof. And be it also Enacted, That it shall and may be lawful to, and for any justice of Peace, Mayor, or other chief Officer of any Corporation, within their several jurisdictions, to commit to the Common Goal, or bind over with sufficient Sureties to the Quarter-Sessions, any person or persons offending in the Premises, in order to his or their conviction aforesaid. Provided always, and be it hereby further Enacted, That if any of the said persons, How persons submitting may be discharged from the penalties. shall after such conviction as aforesaid, take such Oath or Oaths, for which he or she stands committed, and also give security, that he or she shall for the time to come, forbear to meet in any such unlawful Assembly as aforesaid, that then, and from thenceforth, such person and persons, shall be discharged from all the penalties aforesaid, any thing in this Act to the contrary notwithstanding. Provided always, and be it Ordained and Enacted by the Authority aforesaid, Lords of the Parliament. That all and singular Lords of the Parliament, for every third offence committed against the tenor of this Act, shall be tried by their Péers, and not otherwise. CAP. II. For repairing the Highways and Sewers, and paving and keeping clean of the Streets, in and about London and Westminster, and for reforming of Annoyances and Disorders there; and for the Regulating and Licensing of Hackney Coaches; and for the enlarging of several strait and inconvenient Streets and Passages. FOrasmuch as the Common Highways leading unto, and from the Cities of London and Westminster, and the Suburbs thereof, and other places within the present Wéekly Bills of Mortality, by reason of the multitude of Houses lately built, and through the stopping and filling up the Ditches and Sewers, and neglect of timely reparations, are at present, and for some years past have been so miry and foul, as is not only very noisome, dangerous and inconvenient to the Inhabitants thereabouts, but to all the King's Liege People, riding and travelling to and from the said Cities; May it therefore please Your most Excellent Majesty, that it may be Enacted, And be it Enacted by the Kings most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and the Commons in this present Parliament Assembled, Commissioners to be named by his Majesty under the Great seal for Surveying and cleansing the Streets & Highways. and by the Authority of the same, That for the Surveying, Ordering, and managing of the said Highways, Streets, Allies, and other Passages within the said Cities and places aforesaid, and all things necessary for the Repairing, Paving, or keeping clean thereof, there be from henceforward Commissioners to be nominated by his Majesty, under the Great Seal of England, not exceeding the number of one and twenty, besides such other Commissioners as are by this Act nominated and appointed (whereof the Surveyor of his Majesty's Works for the time being to be always one) that shall have their place of meeting, at the Office of his Majesty's Works in Scotland-yard, or at some one other place, as they or the greater number of them at any meeting shall direct from time to time, as there shall be occasion; which said Commissioners, or any Five or more of them, at their meeting as aforesaid, shall have full power and authority, to order and direct the making of any new Vaults or Sewers, or to cut into any Drein or Sewer already made, or the altering, enlarging, amending, cleansing, or scouring of any old Vaults, Sinks, or Common-Sewers, or for the making, amending, or altering of any new or old Pavements, or taking away of cross gutters or Channels, in all or any of the Streets and places aforesaid, and for the removing of all kind of Nuisances, or any Encroachment by Sheds, Stalls, Bulks, Stoops, Posts, or Wall beyond the old Foundations into the Streets, in such places which shall be adjudged inconvenient, and to hinder the Passage; Provided, that such encroachments as are aforementioned, which are Nuisances, Encroachments that have continued 30 years not to be removed, but upon satisfaction to the parties. that have continued above thirty years' last passed, shall not be removed until reasonable satisfaction shall be given by the said Commissioners, to the party or parties that shall suffer thereby. And if any person or persons that own the said Encroachments, or shall not accept of such reasonable satisfaction as shall be tendered or offered by the said Commissioners appointed for the streets, for the pulling down or removing such Nuisances or Encroachments as have been continued before the time aforesaid; The Barons of the Exchequer to judge of satisfaction it refused upon tender. Conviction for encroachments upon view, and the penalty. That then and in such cases of Refusal, the Barons of the Exchequer, upon a Petition preferred to them by the party grieved, shall have power, and are required by this Act to adjudge what satisfaction shall be fit for the said person or persons to receive for the removing or pulling down any such Nuisances or Encroachment. And to prevent for the future all manner of Timber, and other irregular Buildings, the said Commissioners, or any five or more of them, are hereby empowered to take a view of all such Nuisances or Encroachments, and irregular Buildings, which said View shall be a good Conviction in Law; and every person or persons having notice of the said View or Conviction, and shall not remove or take down such Nuisances or Encroachments within one month after notice, shall forfeit forty shillings for every month the said Nuisances or Encroachments shall afterwards continue. And whereas the common Highways, and new built streets hereafter mentioned, are thought fit immediately to be repaired, new-paved, or otherwise amended; namely, the street or way from the end of Petty-France to St. James House, Petti-France. St. james. Street. Pall-mall. and one other street from St. James House up to the Highway, and one other street in St. James Fields, commonly called the Pall-mall; and also one other street beginning from the Mews up to Pickadilly, and from thence towards the Stone-bridge, Air-street. to the furthermost Building near the Bull at the corner of Air-Street: Be it therefore Enacted, That all and every person and persons, owners or inhabitants of all and every the houses built upon, or adjoining to the said Ways or Streets, so adjudged and thought fit to be paved and repaired, shall according to their several Interests and Estates, and in such proportions as the said Commissioners, or any five of them shall think fit, before the first day of May, One thousand six hundred sixty two, pay unto the said Commissioners, or any five or more of them, so met as aforesaid, which shall be nominated for the paving of the said ways, or to such person or persons as they shall appoint, such sum and sums of money towards the paving of the said streets or ways, and for the buying of new stones and gravel, as shall amount to their several proportions, after the rate of sixtéen pence for every square yard which the ground shall contain, that lies in front before every dwelling house, yards, or gardens belonging to the said dwelling house; and in the same breadth, extending to the middle of the Highway or street which lies before the said houses, yards, or gardens belonging to the said dwelling houses respectively. No Hackney-Coaches to be without Licence. And for the better preserving of the said streets, and for defraying of the residue of the charge of the said Pavements. Be it further Enacted, That from and after the first day of May, One thousand six hundred sixty and two, no person or persons shall presume to drive (excepting Stage-Coaches) or let to hire by the hour or day, or otherwise any Hackney-Coach or Coach-Horses, within the Cities of London and Westminster or Suburbs of the same, or within the Parishes comprised within the Bills of Mortality, without an especial leave or licence from such Commissioners as his Majesty shall appoint under the Great Seal, for the Licensing and Regulating of Hackney-Coaches, according to the particular Provisions and Limitations of this Bill; and that no Horse, Gelding, or Mare, to be used with such Coaches, shall be under the size of fourtéen hands high according to the Standard, and that the number to be licenced, shall not exceed Four hundred; and that every Coach so licenced, shall have a mark of distinction by figure or otherwise, as the Commissioners shall think fit, to the end they may be known, if any complaint shall be made of them. And that no person shall be licenced to keep more than two Coaches, which Coaches shall have every of them several Figures or Marks of distinction in the same manner, as if belonging to several persons; and that no person shall presume to put the same figure or mark of distinction upon his Coach, that is appointed for any other Coach, under the forfeiture of five pounds for every such Offence, one moiety whereof shall be to the Informer, and the other moiety to be paid to the Commissioners that shall be appointed for the Paving and amending the Streets. Who may be licenced to keep Hackney-Coaches. And the said Commissioners for the licensing and regulating of Coaches, are to take especial care, not to licence any person to drive or keep any Hackney-Coach or Coach-horses, that useth any other Trade or Occupation: and in the first place to licence all such persons, as have been ancient Coachmen, or such Coachmen as have suffered for their Service and affections to his late Majesty, or his Majesty that now is, or the Widow or Widows of any of them, that have Coaches of their own. And in case the said Commissioners shall licence more than the said number of Four hundred Coaches, every of the said Commissioners so licensing, shall forfeit the sum of one hundred pounds, Hackney Coaches not to exceed 400 in number. for every such Coach so licenced above the said number, whereof twenty pounds to the Informer, and the residue to be for the Repairing and paving the Ways and Streets, 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 Streets and Highways. And be it further Enacted by the Authority aforesaid, That no Hackney Coachmen so licenced, 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 eighteen 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, eighteen 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, than 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 licenced 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 equal portions (that is to say) at the Annunciation of the Blessed Virgin, St. John the Baptist, St. Michael the Archangel, 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 Streets and Highways, 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 Streets and Highways, the names and dwellings of all such persons, as they shall licence to drive or keep 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 Streets and Highways, shall be enabled to call the said Commissioners for the Hackney-Coaches to a true and due account: And in case any overplus shall be of the Moneys appointed by this Act to be raised for the Paving and Mending the Ways and Streets as aforesaid, than such overplus shall be employed towards the Enlargement of such Streets or places as are to be enlarged by virtue 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 Ways 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 Highways and Streets, or such as they shall appoint, for and towards the Paving of the Streets and Highways. 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 days, 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 lie 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 Streets and Ways, 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 empowered 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 Undertaker 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 account 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 keeping clean any of the Streets, Lanes, or Allies, or public yards within the places aforesaid. The power & duties of Scavengers and Rakers. Provided always, That the respective Scavengers, Rakers, or other Undertakers, shall have liberty by the approbation of the said Commissioners, or any five or more of them, so met as aforesaid, to lodge their Ashes, Dust, Dirt, or other filth, in such vacant public places, in or near the Streets or Highways, as shall be thought convenient by the said Commissioners, for the accommodation of Country Carts returning empty: And the said Scavengers, Rakers, or other Undertakers, shall have liberty to pass through such Wharves, Docks, or Yards, with their Ashes, Dust, Dirt, etc. as shall be judged by the Commissioners to be most commodious for the carrying the same by Water, they giving satisfaction to the Owners or Occupiers of such Wharves or Yards; and in case of unreasonable Demands, the said Commissioners shall hear, moderate, and determine the same according to Equity and good Conscience; and in case any person or persons shall find him or themselves aggrieved or prejudiced by such Determination of the said Commissioners, How persons grieved may appeal. or by any other the Acts or Proceed of the said Commissioners, wherein he or they shall conceive themselves relievable in justice or Equity; the said party so aggrieved, shall and may have recourse in all cases to the Lord Treasurer, Chancellor of the Exchequer, and Barons of the Court of Exchequer, to set forth his or their Case by Petition, Bill, or Plaint: And the said Court is hereby empowered in such case of Appeal, to hear and determine all matters to them complained of, concerning the same; and thereupon to revoke, make void, alter, or confirm such Acts or Proceed of the said Commissioners, as shall be agreeable to Equity and justice. The Commissioners to be be called to account in the Exchequer yearly. And the said Court of Exchequer is hereby also further empowered yearly to call the said Commissioners to an account, for all Rents, Fines, Penalties, Contributions, or any other sum or sums of Money, payable, or that shall come to their or any of their hands for any of the purposes in this Act intended. And the said Commissioners are hereby required at or before every Trinity Term, to deliver in a true account before the Barons of the said Court, of all their Receipts and Disbursments for the Year, ended at Easter then past, and in default thereof, Process shall of course be made forth against the said Commissioners, by the Clerk of the Extracts of the said Court, at the Sealing-day for the said Trinity-Term, every Year respectively. And be it further Enacted by the Authority aforesaid, That the Decree made at a Session of Sewers at Westminster-Hall, Westminster. within the City of Westminster, and County of Middlesex, the eighth day of August, One thousand six hundred sixty and one, holden before John Lord Roberts, Lord Privy Seal; James Duke of Ormond in the Kingdom of Ireland, Lord Steward of his Majesty's Household, and Earl of Brecknock; Montague Earl of Lindsey; Edward Earl of Manchester, and others the Commissioners of Sewers, then and there assembled by Authority of his Majesty's Commission of Sewers, to them and others directed, for the making of two new Sewers, and enlarging and amending the old Sewers near Charing-Cross, for conveying the Water away from annoying his Majesty's Palace at White-Hall, be, and is hereby ratified, and confirmed, and shall be put in execution according to the true intent and meaning thereof, with full power to levy all the Arrears, as by a Commission of Sewers can or may be done: And all and every person and persons employed, or that have acted therein, be and are hereby indemnified, and saved harmless from all manner of Suits and Actions that may or shall be brought against any of them for the same. And whereas great quantities of Sea-coal-ashes, dust, dirt, and other filth, of late times have been, and daily are thrown into the Streets, Lanes, and Allies of the Cities of London and Westminster, and Borough of Southwark, and other parts adjacent, to the great Annoyance of Your Majesty's good People; Be it therefore Enacted by the Authority aforesaid, That all and every person and persons inhabiting within the said Cities of London and Westminster, and the Suburbs and Liberties thereof, and the Borough of Southwark, or in any of the said new built streets, Lanes, All streets and lanes to be cleansed every week. or Allies, shall from the first day of May, One thousand six hundred sixty and two, swéep and cleanse, or cause to be swept and cleansed, all the Streets, Lanes, Allies, and public places before their respective Houses, Buildings and Walls, twice every week, that is to say, on every Wednesday, and every Saturday in the week, and all the soil, dirt and other filth, shall cause to be taken up into Baskets, Tubs, or other Vessels ready for the Raker, Scavenger, or other Officer appointed for that purpose to carry away, The penalties for neglect thereof. None to cast any ashes or dust before their houses. The penalty. upon pain to forfeit three shillings and four pence for every offence or neglect respectively. And that no person or persons whatsoever shall throw, cast or lay, or cause, permit, or suffer to be thrown, cast, or laid, any Sea-coal-ashes, dust, dirt, or other filth or annoyance in any open Street, Lane or Alley, within the said Cities or places aforesaid, before or against his, her, or their own dwelling Houses, Buildings or Walls, on the Penalty of five shillings; and if before the Houses, Buildings or Walls of any of their Neighbours, or other the Inhabitants of the Cities or Places aforesaid, or before or against any Church or Church-yard, or any of his Majesty's Houses, Buildings or Walls, or any other public Houses, Buildings or places whatsoever, or shall cast, lay or throw, or cause to be cast, laid or thrown into any common or public Sink, Vault, Watercourse, common Sewer or Highway, within the said Cities or places aforesaid, or any other private Vault, or Sink of any of his Neighbours, or other Inhabitants, any Ashes, Dust, Filth, Ordure, or other noisome thing whatsoever; but shall keep, or cause the same to be kept in their respective Houses, Backsides, or Yards, until such time as the Raker, Scavenger, or other Officer thereto appointed, of the Ward, Parish, Street, or place where they dwell, do come by, or near their houses, or doors, with his Cart, Barrow, or other thing or things used for cleansing the Streets, and carrying away thereof; and then shall carry, or cause to be carried the said Ashes, Dust, or other Filth and Annoyance aforesaid, forth of their houses, and deliver it unto the said Raker, Scavenger, or Officer, or otherwise put the same in his Cart; Barrow, or other thing as aforesaid, upon pain to forfeit the sum of twenty shillings for every such Offence. And be it further Enacted, That the respective Churchwardens, White-Hall, Churchyards and houses of Noblemen. the Housekeepers of White-Hall, and other his Majesty's Houses; Housekeepers, or Porters of Nobleman's houses; Ushers, Porters or Keepers of Courts of justice, and all other Public Houses and Places respectively, shall be liable to, and shall suffer the like Penalties, Forfeitures, and Punishments for every the Offences, or Neglects, committed, done, or suffered to be done before any Church, or Churchyard, or before any of His Majesty's Houses, Buildings, or Walls, or before any Nobleman's Houses, Buildings, or Walls, or before any other public 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, Timber, 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, Barrels, or other Casks or Vessels in any the Streets, 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 Streets, 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 week (except Sundays and other Holidays) shall bring or cause to be brought, Carts, Dung-pots, or other fitting Carriages, into all Streets 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 Streets, All open streets to be paved and so kept by the several householders. Lanes and Alleys within the said Cities and Places aforesaid (excepting only the new Paving of such Streets 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 Householders in the same Streets, Lanes and Alleys respectively, in manner following (that is to say) every of the said Householders to repair and pave, and to keep repaired and paved, the Streets, Lanes, or Alleys before his house, and so far as his housing, Walls or Building extend, unto the Channel, or middle of the same Street, 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 week for every week after, until the same shall be sufficiently paved and amended. Provided always, That such ancient Streets, 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 been 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 householder within the said Cities, the Suburbs and Liberties thereof, and in all other the places aforesaid, whose house adjoins unto, and is next the street, from Michaelmas until our Lady-day yearly, shall every night set or hang out Candles or Lights in Lanterns, or otherwise, in some part of his house next the Street, to enlighten the same for Passengers, from such time as it shall grow dark, until 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 Majesty's justices of either Bench, and Barons of his Exchequer, and every justice 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 knowledge, or view, confession of the party, or proof of one credible witness upon Oath before him (which oath by virtue of this Act, such justice 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 moiety whereof shall be disposed and employed for and towards the reparation, paving and cleansing of the street or place where the offence shall be committed, and as much, or all of the other moiety as the justice 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 knowledge of such justices, than the said whole penalty to go and be employed for and towards the repairing, paving, and cleansing of the said streets, 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 justice, to be directed to the Constable, or any other Officer of the same Parish, rendering the surplusage to the party, and in default of distress, or not payment of the said penalties, within six days 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 justice under his hand and Seal, there to remain without Bail or Mainprize until payment. And for the better raising and levying of monies to defray the charges, and pay the Wages of the said Scavengers, Rakers, or other Officers employed in cleansing of the Streets, Lanes, Alleys, 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 Assessments for Scavengers, Rakers, and such like Officers wages, for cleansing the Streets, 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 monies shall be accountable as formerly; And all new Messages, 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 Highways 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 Streets, Lanes, and other open Passages of each Ward and Division, within the said Parish, for the year than next following, and until others be chosen and settled in their Places; which persons so chosen, and being approved, and confirmed under the hands of any two justices of Peace within their respective Limits and jurisdictions, shall within seven days 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, than other able persons shall be chosen and confirmed in manner aforesaid, within seven days 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 days 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 Streets and Ways of the same Parish, Ward, or Division, and to be levied by Distress and Sale of the Goods and Chattels of the Offender, by Warrant under the hand and seal of any justice 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 (rendering the surplusage to the party) and in default of distress, or not payment within six days 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 justice, under his hand and seal, there to remain without Bail or Mainprize, until payment. And be it further Enacted by the Authority aforesaid, That within twenty days after the Election and Confirmation of the said Scavengers as aforesaid, the Constables, Churchwardens, and Overseers for the Poor, and of the Highways 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 Assessments 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 justices 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 justices of the Peace, under their hands and seals, be levied by distress and sale of the offender's goods; and for want of distress, by imprisonment of the offender, (he not being a Peer of this Realm) until payment as aforesaid. Provided always, and be it Enacted by the Authority aforesaid, Actions brought against any Commissioner or Officer employed 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 judge, Commissioner, justice of the Peace, Constable, or other Officer, or Minister aforesaid, or against any person or persons employed 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 virtue 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 Trial, 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 jury 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 Streets and Passages hereafter mentioned (that is to say) The Street or Passage at or near the Stocks in London; The enlargement of Passage in narrow and incommodious streets. the Street and Passage from Fleet-Conduit to St. Paul's Church in London; the Passage through the White-Hart-Inn from the Strand into Covent-Garden; the Street 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 Street of St. Martins-Lane out of the Strand; the Passage or Street of Field-Lane, commonly called Jack-an-apes-lane, going between Chancery-Lane and Lincolns-Inn-Fields; the Passage and Gatehouse of Cheapside into St. Paul's Churchyard; the Passage against St. Dunstan's Church in the West (being obstructed by a Wall) the Street and Passage by and near the West-end of the Poultry 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 Streets and Places beforenamed, or so much of them, or any of them, as the said Commissioners, or any five or more of them shall judge fit and necessary, And are hereby further empowered to treat and agree with the Owners and Occupiers of any such Houses, as they shall judge fit to be removed, rebuilt, or pulled down; or any part of them, and upon payment of such sum or sums of money so agreed 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 been sold by Deed, 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 agree, as aforesaid, or through any disability by Nonage, Coverture, or a special Entail, or other Impediment cannot, That in such Cases the said Commissioners are hereby authorized by virtue of this Act, to issue out Warrant or Warrants to the Sheriffs of London, who are hereby required accordingly to impannel and return a jury before the said Commissioners, or any five of them, which jury upon their Oaths to be administered by the said Commissioners, are to inquire and assess such damage and recompense as they shall judge 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 jury, and judgement 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 Street 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 Air, and free 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 agree and compound with the Commissioners for the same, thereupon a jury shall and may be Impanelled in manner and form aforesaid, to judge 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 judge 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 accountable 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 Street, and upon Paving and amending of the Ways and Streets aforesaid, according to the purport of this Act. And the said Verdict of the jury, and judgement 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 always, 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, until 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 joynt-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 joynt-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 until 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 Kingdom. The sole and supreme power and command of the Militia in the King's Majesty, his heirs and Successors. 13 Car. 2. cap. 6. FOrasmuch as within all His Majesty's Realms and Dominions, the sole and Supreme 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 Right of His Majesty, and His Royal Predecessors, Kings and Queen's of England; 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 thereof hath of late years been practised, almost to the ruin and destruction of this Kingdom; and during the late usurped Governments, many evil and rebellious principles have been instilled into the minds of the people of this Kingdom, which may break forth, unless prevented, to the disturbance of the peace and quiet thereof; His Majesty may issue out Commissions of Lieutenancy to such persons as he shall think fit, for the several counties, cities, etc. The power of the said Lieutenants. 25 Car. 2. cap. 4. Stat. 3. Be it therefore Declared and Enacted by the Kings most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons in Parliament Assembled, and by the Authority of the same, That the Kings most Excellent Majesty, his Heirs and Successors, shall, and may from time to time, as occasion shall require, issue forth several Commissions of Lieutenancy to such persons as his Majesty, his Heirs and Successors shall think fit to be his Majesty's Lieutenants for the several and respective Counties, Cities, and places of England, and Dominion of Wales, and Town of Berwick upon Tweed; which Lieutenants shall have full power and authority to call together all such persons at such times, and to arm, and array them in such manner as is hereafter expressed and declared; and to form them into Companies Troops, and Regiments; and in case of Insurrection, Rebellion, or Invasion, them to lead, conduct, and employ, or cause to be led, conducted and employed, as well within the said several Counties, Cities, and places for which they shall be Commissionated respectively, as also into any other the Counties and Places aforesaid, for suppressing of all such Insurrections and Rebellions, and repelling of Invasions, as may happen to be, according as they shall from time to time receive directions from His Majesty, His Heirs and Successors; And that the said respective Lieutenants shall have full Power and Authority from time to time, to constitute, appoint, and give Commissions to such persons as they shall think fit to be Colonels, Majors, Captains, The Deputy-Lieutenants to be named to and approved of by his Majesty. and other Commission-Officers of the said persons so to be armed, arrayed and weaponed, and to present to His Majesty, His Heirs and Successors, the names of such person and persons as they shall think fit to be Deputy-Lieutenants, and upon His Majesty's approbation of them, shall give them Deputations accordingly; always understood, That His Majesty, His Heirs and Successors have power and authority to direct and order otherwise, and accordingly at his and their pleasure, may appoint and commissionate, or displace such Officers; Any thing in this Act to the contrary notwithstanding: And that the said Lieutenants respectively, and in their absence, out of the Precincts and Limits of their respective Lieutenancies, or otherwise by their directions, the said Deputy-Lieutenants, The power of the Deputy-Lieutenants. during their said respective Deputations, or any two or more of them, shall have power from time to time, to train, exercise, and put in readiness; and also to lead and conduct the persons so to be armed, arrayed and weaponed, by the directions, and to the intents and purposes, as is hereafter expressed and declared. And for the providing Horse and Arms, and Furniture thereunto belonging, for the Arming and Weaponing the persons aforesaid, and also for the defraying and paying the necessary charges thereunto belonging, in manner as hereafter followeth; Be it further Enacted, The manner of charging and providing Horse and Arms, etc. That the said respective Lieutenants within the several Counties, Cities, and Places for which they are nominated respectively, and their Deputies, or the major part of such Lieutenants, and Deputy-Lieutenants then present; or in the absence of the Lieutenant or Lieutenants, the major part of the Deputy-Lieutenants then present, which major part shall be three at the least, have hereby full Power and Authority to charge any person with Horse, Horseman and Arms, or with Foot-Souldier and Arms, in the same County, Shire, City, Burrough, or Town-Corporate, where his, her, or their Estates lie, having respect unto, and not exceeding the limitations and proportions hereafter mentioned (that is to say), No person shall be charged with finding a Horse, Horseman and Arms, unless such person or persons have a Revenue of Five hundred pounds by the year in possession, or have an Estate of Six thousand pounds in Goods or Money, besides the Furniture of his or their Houses, and so proportionably for a greater Estate in Lands in possession, or Goods, as the respective Lieutenants, and their Deputies as aforesaid, in their discretions shall see cause, and think reasonable; And they are not to charge any person with finding a Foot-Souldier and Arms, that hath not a yearly Revenue of Fifty pounds in possession, or a personal Estate of Six hundred pounds in Goods or Moneys (other than the stock upon the ground) and after the aforesaid rate proportionably for a greater or lesser Revenue or Estate; Nor shall they charge any person with the finding both of Horse and Foot in the same County. Provided, That no person chargeable by this Act to find an Horse and Horseman with Arms, No person charged with or towards an Horse, may be charged also towards foot-arms. or to be contributory towards finding an Horse and Horseman with Arms, shall for the same Estate be chargeable towards finding a Foot-Souldier with Arms, or contributory thereunto: And it shall be lawful to and for the respective Lieutenants and Deputies, or any three or more of them as aforesaid, to impose the finding and providing of Horse, Horseman and Arms, as aforesaid, by joining two or three, or more persons together in the Charge, as to their judgement shall appear most conducible to the service of this Kingdom. Provided, That no person that hath not One hundred pounds per annum in possession in Lands, What persons and Estate only chargeable towards finding Horse-arms. Lieutenants and Deputies may hear and determine matters relating to this Act. Tenements, or Hereditaments, Lease-hold or Copyhold, or Twelve hundred pounds personal Estate, shall be compellable to contribute in finding any Horse and Horseman with Arms: And the said respective Lieutenants and Deputies, or any three or more of them shall have power to hear Complaints, and examine Witnesses upon Oath (which Oath they have hereby power to administer) and to give redress according to the merits of the cause, in matters relating to the execution of this Act. Be it further Enacted, That the said Lieutenants and Deputies, or any three or more of them, in their several Counties and Places respectively, shall require and direct all persons so charged as aforesaid with Horse, Horsemen and Arms, Allowance of 2 s. per diem for a Horseman, and 1 s. for a Foot Soldier. to allow two shillings by the day to the Troopers that serve with their Horse and Arms, for the maintenance of the Man and Horse, and twelve pence a day for the Foot-soldiers (if they serve not in their own persons) for so many days as they shall be absent from their Dwellings and Callings, by occasion of Muster or Exercise. And for furnishing Ammunition and other necessaries, the said respective Lieutenants and Deputies, or any three or more of them, Rules to be made for furnishing Ammunition. shall have power to lay fitting Rates upon the respective Counties and Places, not exceeding in the whole in any one year the proportion of a fourth part of one month's Assessment in each County, after the rate of Seventy thousand pounds by the month, now or late charged by an Act, entitled, An Act for Raising of Seventy thousand pounds for the further Supply of His Majesty, which Moneys are to be Assessed, Collected, and paid by such persons, and according to such Directions as shall be given from time to time by the said respective Lieutenants and Deputies, or any Three or more of them, under the like penalties, and by the like ways and means as are prescribed in the said Act for the Seventy thousand pounds by the Month; Invasion, Insurrection, Rebellion. And in case of Invasions, Insurrections or Rebellions, whereby occasion shall be to draw out such Soldiers into actual Service, the persons so charged as aforesaid, shall provide each their Soldier respectively with pay in hand, not exceeding one months pay, as shall be in that behalf directed by the said respective Lieutenants, and in their absence, as aforesaid, or otherwise by their Directions by their Deputies, or any two, or more of them. For repayment of which said Moneys, and for satisfaction of the Officers for their pay during such time, not exceeding one month, as aforesaid, as they shall be with their Soldiers in such said actual service; Provision by his Majesty. It is hereby Declared, That provision shall be made for the some by His Majesty, His Heirs and Successors, out of His or Their Public Treasury or Revenue. None having advances a months pay, shall be charged again, until he be reimbursed the same. Nevertheless it is hereby further Provided and Enacted, That in case a month's pay shall be provided and advanced as aforesaid; That no person, who shall have advanced his proportion thereof, shall be charged with any other like month's payment, until he or they shall have been reimbursed the said months pay, and so from time to time the months pay by him or them last before provided and advanced, as aforesaid. And be it Enacted, That the said Lieutenants and their Deputies, or the chief Officers upon the place in the respective Counties and Places, How to charge Carts and Horses for carrying Provisions, and their allowance per mile. as aforesaid, may charge Carts, Wagons, Wains, and Horses, for the carrying of Powder, Match, Bullet, and other Materials, allowing six pence a Mile outward only, to every such Cart, Wagon and Wain with five Horses, or six Oxen, and so proportionably; And for every Horse employed out of Wagon or Cart for uses aforesaid, one penny, so taken upon the marching of any Regiment, Company, or Troop, upon occasion of Invasion, Insurrection, or Rebellion; And that the said Lieutenants, or Deputies, or the chief Officers upon the place, Soldiers that do not their duties, how punished. shall, and may Imprison Mutinéers, and such Soldiers as do not their Duties as Soldiers at the day of their Musters and Training; and shall and may Inflict for punishment for every such offence any pecuniary Mulct not exceeding five shillings, or the penalty of Imprisonment without Bail or Mainprize, not exceeding Twenty days. The penalties upon persons charged or taxed, refusing or neglecting. And be it further Enacted, If any Person or Persons so to be assessed or charged by the said Lieutenants and Deputies, or any three or more of them respectively, shall refuse, or neglect by a reasonable time to be appointed, to provide and furnish such sufficient Horse and Horseman, Horses and Horsemen, Arms, and other Furniture, or to pay such sum or sums of money towards the providing and furnishing, as aforesaid; That then it shall and may be lawful to and for the respective Lieutenants and Deputies, or any three or more of them, for every such offence, from time to time to inflict a penalty upon such persons not exceeding 20 l. And also by Warrant under their, or any three or more of their hands & seals to levy such sum or sums of money, or the value of such Horse or Horses, Arms & Furniture, and such penalty inflicted by distress & sale of the goods of the person or persons so neglecting or refusing, rendering the overplus to the Party so distrained, all necessary charge in levying thereof being first deducted; And it is declared, that the same be employed to the same uses, in default whereof the same was imposed. And be it further Enacted, That if any person or persons so to be armed, Imbezeling of Arms, Horse, or Furniture, how punished. arrayed and weaponed, shall detain or imbezel his Horse, Arms, or Furniture wherewith he ought to serve, or is entrusted, that it shall and may be lawful to and for the said respective Lieutenants, and in their absence as aforesaid, or otherwise by their directions, to and for their Deputies, or any two or more of them, to imprison such person & persons, till he or they have made satisfaction for the Horse, Arms, or other Furniture so by him detained or embezzled; And also, That if any person so to be armed, horsed or weaponed, as aforesaid, shall not appear, and serve completely furnished with Horse and Arms, and other Furniture wherewith he is entrusted at the beat of Drum, sound of Trumpet, or other Summons, that then, and so often, it shall and may be lawful to and for the said respective Lieutenants, and in their absence, as aforesaid, or otherwise by their directions, to and for their Deputies, or any two or more of them, if the default be in the person or persons so interested, to imprison such person or persons for the space of five days, without Bail or Mainprize, or to inflict the penalty, if a Horseman, not exceeding 20 s. and if a Footman, not exceeding 10 s. to be paid down without delay or forbearance: And if any person or persons so assessed or charged, as aforesaid, shall refuse or neglect to send in, or deliver his Horse, Arms, or other Furniture, upon such summons, or other notice, as aforesaid; That then, and so often, it shall and may be lawful to and for the said respective Lieutenants, and their Deputies, or any three or more of them, to inflict a penalty not exéeding 5 l. to be levied 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 Misdemeanours tending to the hindrance of the service aforesaid, the said respective Lieutenants, and their Deputies, or any three 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 than the Persons themselves to be assessed and accused. And for the better and more speedy execution of the Premises, 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 levied by virtue hereof; of all which Receipts and Disbursements thereof, the said Treasurer, Clerk and Clerks are every six months to give their Accounts in writing, and upon Oath, to the said Lieutenants and their Deputies, or any three or more of them, which Oath they have hereby Power to administer: And the said Account so to be taken, shall be forthwith certified to the Lords of His Majesty's most honourable Privy Council, and a Duplicate thereof shall be certified to the justices 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 between Sunsetting and Sunrising, 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 nighttime, 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 dwellinghouse of any Péer of this Realm be searched by virtue 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 seized, 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 premises; 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 King's 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, until 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 virtue of this Act to find a horse and Horseman, horses and Horsemen 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 three 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 employ 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 speed to convey the same to their Master or Landlord respectively; And within such time as shall be appointed in that behalf, bring an account of their Master or Landlord's answer to the respective Lieutenants and Deputies, or any three or more of them: And upon neglect, or refusal of the Landlord, to provide such horse and Horseman, horses and Horsemen 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 Horseman, horses and Horsemen 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 for the said respective Lieutenants, and in their absence, as aforesaid, or otherwise by their directions, to and for their Deputies, or any two or more of them, by warrant under their hands and seals to levy all such penalties as are appointed by this Act, by distress and sale of the offender's Goods, rendering the overplus to the Party distrained. And it is hereby Ordained and Enacted, And to defalk the charges out of their next Rent. That it shall and may be lawful to and for the said Tenant or Tenants to defalk out of such rent as shall be next due to his or their Landlord, all such Money as the said Tenant or Tenants shall necessarily lay out or expend in providing such horse and Horseman, horses and Horsemen and Arms, or Foot-souldier and Arms, as are charged upon his or their Landlord, or shall pay, or be levied upon him or them by distress for any default in manner as aforesaid, any condition, reservation, Covenant or Contract for the payment of his or their Rent, to the contrary in any wise notwithstanding: And for so doing, the said Tenant or Tenants shall be indemnified by Authority of this Act; The Tenants indemnified for so doing. unless the Landlord, or Landlords shall make it appear within two months after such levying such penalties before the respective Lieutenants, and in their absence as aforesaid, or otherwise by their directions before their Deputies, or any two or more of them, that the default and penalty was occasioned by the wilful neglect of the said Tenant or Tenants; Peers not to act as Lieutenants or Deputies before they take the Oath of Allegiance, etc. Provided also, That no person being a Péer of this Realm, shall be capable of acting or serving as Lieutenant, or Deputy-Lieutenant, by virtue of this Act, unless he or they shall first before six of the Lords of his Majesty's Privy-Council for the time being, or such other Persons as shall be authorised by his Majesty to administer the same, take the Oaths of Allegiance and Supremacy, and also this Oath following, I A.B. do declare and believe, that it is not lawful upon any pretence whatsoever to take Arms against the King; And this oath. And that I do abhor that Traitorous Position, That Arms may be taken by his authority against His Person, or against those that are Commissioned by him in pursuance of such Military Commissions: So help me God. Which Oaths they have hereby power to administer. Persons under the degree of a Peer to take the Oath of Allegiance, etc. And that no Person being under the degree of a Péer of this Realm, shall be capable of acting as Lieutenant, Deputy-Lieutenant, Officer or Soldier, by virtue of this Act, unless he or they shall first take the Oaths of Allegiance and Supremacy, and this Oath following, I A. B. do declare and believe, that it is not lawful upon any pretence whatsoever to take Arms against the King; And that I do abhor that Traitorous Position, And this oath. That Arms may be taken by his Authority against His Person, or against those that are Commissioned by Him in pursuance of such Military Commissions: So help me God. Which Oaths, any one justice of Peace of the respective Counties and Places aforesaid is enabled to administer to such respective Lieutenant as is not a Péer of this Realm, and the said Lieutenant, or any one justice of Peace of the respective Counties and Places aforesaid, is enabled to administer to the respective Deputy-Lieutenants, not being Péers; and the said respective Lieutenants, and in their absence as aforesaid, or otherwise by their directions when they are not absent, their Deputies, or any two of them shall and are hereby Enabled to administer the said Oaths to the said Officers and Soldiers. The Trained Bands to continue till the 25. March, 1663. And no longer. And to the end there may be some convenient time to put in execution the Powers of this Act, and preparing an Establishment according to the same; Be it hereby Enacted, That the Trained Bands and Forces now actually raised, and in being, shall so continue in each respective City and County of England and Wales, until the five and twentieth day of Mach, One thousand six hundred sixty and three, and no longer, unless an Establishment according to this Act be no sooner had, any thing in this present Act to the contrary in any wise notwithstanding. The times appointed for training and mustering. And it is hereby Declared and Enacted, That the Ordinary times for Training, Exercising, and Mustering the Forces to be raised by virtue of this Act, shall be these following, (that is to say) the general Muster and Exercise of Regiments, not above once a year; the Training and Exercising of single Companies, not above four times a year, unless special Directions be given by his Majesty, or his Privy-Council; And that such single Companies and Troops shall not at any one time be continued in Exercise above the space of two days; and that at a General Muster and Exercise of Regiments, What Arms and Provision every Soldier shall bring. no Officer or Soldier shall be constrained to stay for above four days together from their respective habitations; And that at every such Muster and Exercise, every Musketeer shall bring with him half a pound of Powder at the charge of such person or persons as provide the said Foot-souldier and Arms, and every Horseman is to bring with him a quarter of a pound of Powder at the charge of such person or persons as provide the said horse, Horseman and Arms; and the Arms Offensive and Defensive, with the Furniture for Horse, are to be as followeth; The Defensive Arms, a Back, Breast and Pot, and the Breast and Pot to be Pistol-proof; The Offensive Arms, a Sword & a Case of Pistols, the Barrels whereof are not to be under 14 Inches in length; The furniture for the Horse to be a great Saddle or Pad with Burrs and Traps to affix the Houlsters unto, a Bit and Bridle with a Pectorel and Crupper; For the Foot, a Musketeer is to have a Musket, the Barrel whereof is not to be under three foot in length; And the Gage of the Boar to be for 12 Bullets to the pound, a Choler of Bandeliers, with a Sword: Provided, that all Mustermasters shall for the present admit and allow of any Muskets already made, which will bear a Bullet of 14 to the pound; But no Muskets which henceforth shall be made, are to be allowed of, but such as are of the Gage for 12 Bullets to the pound; A Pikeman is to be armed with a Pike made of Ash, not under 16 foot in length, (the head and foot included) with a Back, Breast, Head-piece and Sword: Provided, that all Mustermasters shall for the present admit and allow of any Pikes already made that are not under 15 foot in length; But no Pikes which shall be hereafter made are to be allowed of, that are under 16 foot in length. The Militia or the Isle of Purbeck. Provided also, And be it Enacted by the Authority aforesaid, That the Militia of the Island of Purbeck shall remain separate from the County of Dorset, as heretofore hath been used; And that his Majesty's Lieutenant of the said Island, and his Deputies, or any three or more of them for the time being, shall have power for the Levying, Arraying, Mustering, and conducting of such number of Foot for the defence of the said Island, in such manner, and by such ways and means as heretofore hath been used; and also to use and execute within the said Island all and every the powers which by the true intent of this Act, Power to his Majesty to raise 70000 l. per annum, for three years upon occasion. EXP. any of his Majesty's Lieutenants, or his or their Deputies, or any of them, might in any respective County use or execute. Provided nevertheless, And be it Enacted by the Authority aforesaid, That in case of apparent danger to the present Government, it shall and may be lawful for His Majesty at any time or times that the same shall so happen, during the space of three years, from the five and twentieth day of June, in the year One thousand six hundred sixty and two, to raise such sum or sums of money for the defraying of the whole, or such part of the Militia aforesaid, as his Majesty shall find himself obliged to employ in order to the quiet and security of this Nation, the said sum not exceeding Seventy thousand pounds in one whole year: And the same to be raised by his Majesty's Lieutenants, or in their absence, as aforesaid, by their Deputies in their respective Counties, according to the rules and directions in an Act in this present Parliament, For the raising of Eighteen month's Assessment after the rate of Seventy thousand pounds per mensem; as also to continue the space of three years from the aforesaid five and twentieth day of June, and no longer; Any thing in this Act, or any other to the contrary notwithstanding. Be it also Enacted, That all Constables, Tything-men, or other Officer or Officers, Such as have provided Parish Arms before the 24. of June, 1660. how to be reimbursed. EXP. who since the Four and twentieth of June, One thousand six hundred and sixty, have paid or disbursed, or before the settlement of the Militia to be established by virtue of this Act, shall pay or disburse any moneys for buying of Arms, or defraying of Charges of Soldiers, set, or to be set upon their respective Parishes, shall be reimbursed the same by those who have refused to pay their proportions thereof; And in case he or they shall refuse to pay the same, then to be levied by distress and sale of Goods, rendering the Overplus to the Owner or Owners by Warrant under the Hand and Seal of the Lieutenant or Lieutenants, or in his or their absence, or otherwise by their direction, when they are not absent, of any two of their Deputies directed to the respective Constables, Tything-men, or other Officer or Officers aforesaid, of their respective Parishes. Provided always, And it is hereby further Enacted and Declared, No man charged shall be forced to serve in person, but may find a sufficient man for him. That no person charged with the finding of Horse or Foot, or with contributing thereunto, as aforesaid, shall be compellable to serve in his or their proper person, but may according to such proportion as they are or shall respectively be charged by this Act, find one or more fit or sufficient Man or Men qualified according to this Act, to be approved by his or their Captain respectively, subject nevertheless to be altered upon appeal to the Lieutenant, or in his absence, as aforesaid, to his Deputy-Lieutenants, or any two of them, as there shall be cause; And that every such person or persons so found and provided, shall, and hereby are required to serve as a Soldier and Soldiers, in such manner, and under such penalties as are before appointed in this Act; No person listed may desert the service, or be discharged, or Altered, but by leave, upon reasonable cause. And that every person or persons who shall serve in his or their own persons (who are also to be approved of as aforesaid) or such person or persons as shall be accepted in his or their stead, shall at the next Muster of such Troop or Company in which he or they are to serve, give in his or their Christian and Surnames, and places of abode unto such person as the Lieutenant, or in his absence, as aforesaid, or by his direction when he is not absent, any two Deputy-Lieutenants shall appoint, to the end the same may be listed: And that from thenceforth such person so listed shall not be exchanged, or desert the said Service, or be discharged thereof, but by the leave and order of the Lieutenant, or two Deputy-Lieutenants, or his Captain, upon reasonable cause (subject nevertheless upon appeal to be determined, as aforesaid) first obtained in writing under his or their hands and seals, under pain that such person departing from the said service without leave, as aforesaid, The penalty. shall forfeit the sum of 20 l. to be levied upon his Goods and Chattels in such manner as is by this Act appointed for the levying of other penalties; and for nonpayment or want of distress, than every such person to be committed to the Common Gaol of the the County for any time not exceeding three months, without bail or mainprize, any thing in this Act to the contrary in any wise notwithstanding. Provided always, and be it Enacted, Proviso for the Tinners of Devon▪ and Cornwall. That nothing in this Act contained shall extend to put any new charge of Arms upon the Tinners in the Counties of Devon and Cornwall, other than the Tax mentioned in the former Proviso; But that the Lord Warden of the Stannaries for the time being, in pursuance of his Majesty's Commission in that behalf, and such as he shall Commissionate and Authorise under him, according to the Rules and Directions before mentioned in this Act, shall and may have and use the like Powers and Array, Assess, Arm, Muster, and Exercise the said Tinners within the said Counties, and either of them, as hath been heretofore used; and according to the ancient Privileges and Customs of the said Stannaries, observing the Rules and Proportions appointed by this Act; Any thing in this Act to the contrary notwithstanding. Provided always, And be it Enacted by the Authority aforesaid, Proviso for the Militia of London. That his Majesty's Lieutenants that are, or shall be Commissionated for the Militia of the City of London, may and shall continue to list and levy the Trained Bands and Auxiliaries of the said City, as to number and quality of the persons, in such manner as was used in forming the present Forces now raised by his Majesty's Commission. And in regard of the extraordinary duties which the Forces of the said City that now are, and formerly were raised in Order to his Majesty's happy Restauration, have of late, and may again be put to, for the safety of his Majesty's Person, and for suppressing or preventing of Insurrections, That it shall and may be lawful for his Majesty's Lieutenants of the said City, by Warrant from his Majesty, to impose and levy yearly in the same so much money as they shall find needful for defraying the Arrears of those first raised for his Majesty's happy Restauration, and the Arrears and necessary charge of those that now are, and shall be raised, with the Ammunition and other incident expenses of their Militia, in such manner as the present Assessment is now levied, and not exceeding in any one year the proportion of One month's Tax, which the said City now pays towards the Tax of Seventy thousand pounds by the month; And shall be accountable for the same, as by this Act is Ordained; Any thing in this Act to the contrary of this Proviso in any wise notwithstanding. Proviso for the Officers of Militia of cities and towns corporate. Provided always, That no Officer, or Soldier of the Militia, or Trained Bands belonging to any City, Borough, or Town Corporate, being a County of itself, or to any other Corporation, or Port-Town, who have used and accustomed to be Mustered only within their own Precincts, shall be compellable to appear out of the Precincts or Liberties of the same City, Borough, Town-Corporate, or Port-Town at any Muster or Exercise only; and every of the said Cities, Boroughs, Towns-Corporate, and Port-Towns, are hereby chargeable to find their usual Number of Soldiers, unless the respective Lieutenants find cause to lessen the same; Any thing in this Act to the contrary notwithstanding. Covenants between Landlords and Tenants for providing Arms, not to be avoided by this Act. Provided, That this Act, or any thing herein contained, shall not extend to avoid any Covenant or Agreement which hath been, or shall be made between any Landlord and Tenant concerning the finding Horses or Arms, or the bearing, or paying of any Tares, Rates, or other charges by any Tenant, either by general or special Covenants, but that the said Taxes, Rates, or other Charges, shall be born and paid by all respective Tenants, according to the said Covenants and Agréements; Any thing in this Act to the contrary thereof in any wise notwithstanding. Isle of Wight. Provided, That this Act, or any thing therein contained, shall not extend to make any alteration in the Isle of Wight, as to the Militia in that place, either to raise Horse or Foot within the said Island, in any other manner than hath been formerly, and is now used and practised there. Militia of the Tower D●vision in Middlesex. Provided also, And be it Enacted, That whereas the Militia of the Tower-Division in the County of Middlesex, commonly known by the name of the Tower-Hamlets, are, and always have been under the Command of his Majesty's Constable, or Lieutenant of the Tower, for the Service and Preservation of that his Royal Fort; That it shall and may be lawful for his Majesty's Constable, or Lieutenant of the Tower, for the time being, to continue to levy the Trained Bands of the said Division or Hamlets of the Tower, in such manner and form, as to the number and quality of persons, as was observed in forming the present Forces thereof; Any thing in this Act to the contrary notwithstanding. Proviso touching compelling men to march out of this Kingdom. Provided, That neither this Act, nor any matter or thing therein contained, shall be deemed, construed, or taken to extend to the giving or declaring of any power for the transporting of any the 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. Peers of the Realm, how to be charged. Provided always, And be it Enacted by the Authority aforesaid, That no Péer of this Realm shall be charged with Horse, Horsemen and Arms, or Foot-soldiers and Arms, otherwise, or in any other manner than is herein after expressed (that is to say) that his Majesty, his Heirs and Successors shall, and may from time to time issue out Commissions under the great Seal of England to so many Péers (not fewer than twelve) as his Majesty, his Heirs and Successors shall think fit, who, or any five or more of them, shall have power from time to time to Assess all and every, or any the Péers of this Realm, according to the Limitations and Proportions in this Act appointed, for the finding of horse, Horsemen and Arms, or Foot-soldiers and Arms, and for other the purposes in this Act mentioned (except the Monthly Taxes which are to be levied, as is before prescribed in this Act) and shall have power to put in execution all and every the Powers and Authorities of this Act, as well for laying Assessments, as imposing of penalties (Imprisonment of the person of any Péer of this Realm only excepted) which Assessment, or Charge so made, together with such penalties as shall be so imposed (imprisonment as aforesaid only excepted) shall be from time to time respectively certified to the respective Lieutenants of each County, to the intent that the said Charge may be born, and the penalties (not before excepted) levied according to the intent of this Act: And that in case there shall be any default in performance of any thing to be done or paid by any Péer by virtue of this Act, that then it shall be lawful for the respective Lieutenants, & Deputy-Lieutenants, or any three of them, to cause Distresses to be taken for the same in any of the lands of such Defaulter within their said Counties or Limits respectively; And in case satisfaction shall not be given within the space of one week after such Distress taken, than such Distress to be sold for the performance of the said Service, and the charge incident thereunto, and the Overplus (if any be) to be restored to the Owner; And if a Tenant of any Péer of this Realm shall be distrained for such default as aforesaid, the Tenant so distrained, is hereby enabled to deduct the sum levied out of his next Rent. CAP. XIV. There shall be Uniformity of Public Prayers, and administration of Sacraments, & other Rites and Ceremonies: And of Ordaining and Consecrating Bishops, Priests, and Deacons in the Church of England. Whereas in the first year of the late Queen Elizabeth, there was one Uniform Order of Common Service, and Prayer, and of the Administrations of Sacraments, Rites and Ceremonies in the Church of England (agreeable to the Word of God, and usage of the Primitive Church) compiled by the Reverend Bishops and Clergy, set forth in one Book, entitled, The Book of Common Prayer, and Administration of Sacraments, and other Rites and Ceremonies in the Church of England, and enjoined to be used by Act of Parliament, holden in the said first year of the said late Queen, 2 El. cap. 2. Entitled, An Act for the Uniformity of Common Prayer, and Service in the Church, and Administration of the Sacraments, very comfortable to all good people desirous to live in Christian conversation, and most profitable to the Estate of this Realm, upon the which the Mercy, Favour, and Blessing of Almighty God is in no wise so readily and plentifully poured, as by Common Prayers, due using of the Sacraments, and often Preaching of the Gospel, with Devotion of the Hearers: And yet this notwithstanding, a great number of people in divers parts of this Realm, following their own sensuality, and living without knowledge, and due fear of God, do Wilfully & Schismatically abstain, and refuse to come to their Parish-Churches, and other public places where Common Prayer, Administration of the Sacraments, and preaching of the Word of God is used upon the Sundays, and other days ordained and appointed to be kept and observed as holidays. And whereas by the great and scandalous neglect of Ministers in using the said Order, or Liturgy so set forth, and enjoined, as aforesaid, great mischiefs and inconveniences, during the times of the late unhappy Troubles, have arisen and grown; and many people have been led into Factions and Schisms, to the great decay and scandal of the Reformed Religion of the Church of England, and to the hazard of many souls. For prevention whereof in time to come, for settling the Peace of the Church, and for allaying the present distempers which the indisposition of the time hath contracted; The King's Declaration and Commission for reviewing the Book of Common Prayer, and Alterations to be propounded therein. The King's Majesty (according to his Declaration of the Five and twentieth of October, One thousand six hundred and sixty) granted his Commission under the Great Seal of England, to several Bishops, and other Divines, to review the Book of Common Prayer, and to prepare such Alterations and Additions, as they thought fit to offer; And afterwards the Convocations of both the Provinces of Canterbury and York, being by His Majesty called, and assembled, (and now sitting) His Majesty hath been pleased to Authorise and require the Precedents of the said Convocations, and other the Bishops and Clergy of the same, to review the said Book of Common Prayer, and the Book of the Form and manner of the Making and Consecrating of Bishops, Priests and Deacons; And that after mature consideration, they should make such Additions and Alterations in the said Books respectively, as to them should seem meet and convenient; And should exhibit and present the same to his Majesty in writing, for his further allowance, or confirmation; since which time, upon full and mature deliberation, they the said Precedents, Bishops, and Clergy of both Provinces, have accordingly re-viewed the said Books, and have made some Alterations which they think fit to be inserted to the same; and some Additional Prayers to the said Book of Common Prayer, to be used upon proper and emergent occasions; And have exhibited and presented the same unto his Majesty in writing in one Book, Entitled, 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, together with the Psalter, or Psalms of David, Pointed as they are to be sung or said in Churches; and the Form and Manner of Making, Ordaining, and Consecrating of Bishops, Priests, and Deacons: All which His Majesty having duly considered, hath fully approved and allowed the same; and recommended to this present Parliament, that the said Books of Common Prayer, and of the Form of Ordination and Consecration of Bishops, Priests, and Deacons, with the Alterations and Additions which have been so made and presented to His Majesty by the said Convocations, be the Book which shall be appointed to be used by all that Officiate in all Cathedral and Collegiate Churches and Chapels, and in all Chapels of Colleges and Halls in both the Universities, and the Colleges of Eton, and Winchester, and in all Parish-Churches and Chapels, within the Kingdom of England, Dominion of Wales, and Town of Berwick upon Tweed, and by all that Make, or Consecrate Bishops, Priests or Deacons, in any of the said places, under such Sanctions and Penalties as the Houses of Parliament shall think fit. Now in regard that nothing conduceth more to the settling of the Peace of this Nation (which is desired of all good men) nor to the honour of our Religion, and the propagation thereof, The Peace, and Honour of Religion much advanced by uniform agreement in the Public Worship of God. than an Universal argréement in the public Worship of Almighty God; and to the intent that every person within this Realm, may certainly know the rule to which he is to conform in Public Worship, and Administrations of Sacraments, and other Rites and Ceremonies of the Church of England, and the manner how, and by whom Bishops, Priests and Deacons are, and aught to be Made, Ordained & Consecrated, Be it Enacted by the Kings most Excellent Majesty, by the Advice and with the 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 singular Ministers in any Cathedral, Collegiate, or Parish-Church or Chapel, or other place of Public Worship within this Realm of England, Dominion of Wales, and Town of Berwick upon Tweed, The Book of Common Prayer shall be used. shall be bound to say and use the Morning Prayer, Evening Prayer, Celebration and Administration of both the Sacraments, and all other the Public, and Common Prayer, in such order and form as is mentioned in the said Book, annexed and joined to this present Act, and Entitled, 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 together with the Psalter or Psalms of David, Pointed as they are to be sung or said in Churches; and the form or manner of Making, Ordaining, and Consecrating of Bishops, Priests and Deacons:; And that the Morning and Evening Prayers therein contained, shall upon every Lord's Day, and upon all other days and occasions, and at the times therein appointed, be openly and solemnly Read by all and every Minister or Curate, in every Church, Chappel, or other place of public Worship within this Realm of England, All Parsons, Vicars and Ministers to read, and declare their assent to use the same. and places aforesaid. And to the end that Uniformity in the public Worship of God (which is so much desired) may be speedily effected, Be it further Enacted by the Authority aforesaid, That every Parson, Vicar, or other Minister whatsoever, who now hath, and enjoyeth any Ecclesiastical Benefit, or Promotion, within this Realm of England, or places aforesaid, shall in the Church, Chappel, or place of public Worship belonging to his said Benefice or Promotion, upon some Lord's Day before the Feast of Saint Bartholomew, which shall be in the year of our Lord God, One thousand six hundred sixty and two, openly, publicly, and solemnly Read the Morning and Evening Prayer appointed to be Read by, and according to the said Book of Common Prayer at the times thereby appointed, and after such reading thereof, shall openly and publicly before the Congregation there assembled, declare his unfeigned assent, and consent, to the use of all things in the said Book contained and prescribed, In these words, and no other; I A. B. Do here declare my unfeigned assent, and consent to all, and every thing contained, and prescribed in, and by the Book entitled, 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, together with the Psalter, or Psalms of David, Pointed as they are to be sung, or said in Churches; and the Form, or manner of Making, Ordaining, and Consecrating of Bishops, Priests, and Deacons. The Penalty for refusing. And that all and every such person, who, shall (without some lawful impediment to be allowed and approved of by the Ordinary of the place) neglect or refuse to do the same within the time aforesaid, (or in case of such Impediment) within one Month after such Impediment removed, shall (ipso facto) be deprived of all his Spiritual Promotions; And that from thenceforth it shall be lawful to, and for all Patrons, and Donors of all and singular the said Spiritual Promotions, or of any of them, according to their respective Rights, and Titles to present, or collate to the same, as though the person, or persons, so offending or neglecting were dead. Every person hereafter to be promoted to any Ecclestiastical Benefice, shall read the Common Prayer, and declare his assent thereto. And be it further Enacted by the Authority aforesaid, That every person who shall hereafter be presented, or collated, or put into any Ecclesiastical Benefice or Promotion within this Realm of England, and places aforesaid, shall in the Church, Chappel, or place of public worship, belonging to his said Benefice or Promotion, within two month's next after that he shall be in the actual possession of the said Ecclesiastical Benefice or Promotion, upon some Lord's Day openly, publicly, and solemnly, Read the Morning and Evening Prayers, appointed to be Read by, and according to the said Book of Common Prayer, at the times thereby appointed, and after such reading thereof, shall openly, and publicly, before the Congregation there assembled, declare his unfeigned assent, and consent to the use of all things therein contained and prescribed, according to the form before appointed. The penalty for not so doing the same. And that all and every such person, who shall (without some lawful Impediment to be allowed, and approved by the Ordinary of the place) neglect or refuse to do the same within the time aforesaid; (or in case of such Impediment, within one month after such Impediment removed) shall (ipso facto) be deprived of all his said Ecclesiastical Benefices and Promotions; And that from thenceforth, it shall and may be lawful to, and for all Patrons, and Donors of all and singular the said Ecclesiastical Benefices and Promotions, or any of them (according to their respective Rights and Titles) to present or collate to the same, as though the person or persons so offending, or neglecting, were dead. Incumbents of Live keeping Curates, shall read the same once every month. And be it further Enacted by the Authority aforesaid, That in all places where the proper Incumbent of any Parsonage, or Vicarage, or Benefice with Cure, doth reside on his Living, and keep a Curate, the Incumbent himself in person (not having some lawful Impediment, to be allowed by the Ordinary of the place) shall once (at the least) in every month openly and publicly read the Common Prayers and Service, in, and by the said Book prescribed, and (if there be occasion) Administer each of the Sacraments, and other Rites of the Church, in the Parish Church, or Chapel, of, or belonging to the same Parsonage, Vicarage, or Benefice, in such order, manner and form, The penalty and manner of conviction for not doing it. as in, and by the said Book is appointed, upon pain to forfeit the sum of Five pounds to the use of the poor of the Parish for every offence, upon conviction by confession, or proof of two credible Witnesses upon Oath, before two justices of the Peace of the County, City, or Town Corporate where the offence shall be committed, (which Oath the said justices are hereby empowered to Administer) and in default of payment within ten days, to be levied by distress, and sale of the Goods and Chattels of the Offender, by the Warrant of the said justices by the Churchwardens, or Overséers of the poor of the said Parish, rendering the surplusage to the party. Deans, Canons, Prebendaries, etc. shall subscribe the Declaration. 15 Car. 2. cap. 6. And be it further Enacted by the Authority aforesaid, That every Dean, Canon, and Prebendary of every Cathedral, or Collegiate Church, and all Masters, and other Heads, Fellows, Chaplains, and Tutors of, or in any College, Hall, House of Learning, or Hospital, and every public Professor, and Reader in either of the Universities, and in every College elsewhere, and every Parson, Vicar, Curate, Lecturer, and every other person in holy Orders, and every Schoolmaster keeping any public, or private School, and every person Instructing, or Teaching any Youth in any House or private Family as a Tutor, or Schoolmaster, who upon the First day of May, which shall be in the year of our Lord God, One thousand six hundred sixty two, or at any time thereafter shall be Incumbent, or have possession of any Deanery, Canonry, Prebend, Mastership, Headship, Fellowship, Professors place, or Readers place, Parsonage, Vicarage, or any other Ecclesiastical Dignity or Promotion, or of any Curates place, Lecture, or School; or shall instruct or teach any Youth as Tutor, or Schoolmaster, shall before the Feast-day of St. Bartholomew, which shall be in the year of our Lord, One thousand six hundred sixty two, or at or before his, or their respective admission to be Incumbent, or have possession aforesaid, subscribe the Declaration or Acknowledgement following, Scilicet, The Declaration. I A. B. Do declare, That it is not lawful upon any pretence whatsoever to take up Arms against the King; and that I do abhor that Traitorous Position, of taking Arms by His Authority against His Person, or against those that are Commissionated by him; And that I will conform to the Liturgy of the Church of England, as it is now by Law established; And I do declare, That I do hold, there lies no Obligation upon me, or on any other person, from the Oath, commonly called, The Solemn League and Covenant, to endeavour any change, or alteration of Government, either in Church, or State; And that the same was in itself an unlawful Oath, and Imposed upon the Subjects of this Realm against the known Laws, and Liberties of this Kingdom. Which said Declaration and Acknowledgement shall be Subscribed by every of the said Masters, and other Heads, Fellows, Chaplains, and Tutors of, or in any College, Hall, or House of Learning, and by every public Professor and Reader in either of the Universities, before the Vicechancellor of the respective Universities for the time being, or his Deputy; And the said Declaration or Acknowledgement, shall be Subscribed before the respective Archbishop, Bishop, or Ordinary of the Diocese, by every other person hereby enjoined the same, The penalty for not subscribing. upon pain that all and every of the persons aforesaid failing in such Subscription, shall lose and forfeit such respective Deanery, Canonry, Prebend, Mastership, Headship, Fellowship, Professors place, Readers place, Parsonage, Vicarage, Ecclesiastical Dignity, or Promotion, Curates place, Lecture and School, and shall be utterly disabled, and (ipso facto) deprived of the same; And that every such respective Deanery, Canonry, Prebend, Mastership, Headship, Fellowship, Professors place, Readers place, Parsonage, Vicarage, Ecclesiastical Dignity, or Promotion, Curates place, Lecture and School shall be void, as if such person so failing were naturally dead. And if any Schoolmaster, or other person Instructing, Schoolmasters in private houses. or Teaching Youth in any private House, or Family, as a Tutor, or Schoolmaster, shall Instruct, or Teach any Youth as a Tutor, or Schoolmaster, before Licence obtained from his respective Archbishop, Bishop, or Ordinary of the Diocese, according to the Laws and Statutes of this Realm, (for which he shall pay twelvepences only) and before such Subscription, and Acknowledgement made as aforesaid; Then every such Schoolmaster, and other, Instructing and Teaching as aforesaid, shall for the first offence suffer three months' Imprisonment without bail, or mainprize, and for every second, and other such offence, shall suffer three months' Imprisonment without bail or mainprize, and also forfeit to his Majesty the sum of Five pounds; And after such Subscription made, every such Parson, Vicar, Curate, and Lecturer, shall procure a Certificate under the Hand and Seal of the respective Archbishop, Bishop, or Ordinary of the Diocese, (who are hereby enjoined and required upon demand to make and deliver the same) and shall publicly and openly Read the same, together with the Declaration, or Acknowledgement aforesaid, upon some Lord's Day within three months then next following, in his Parish Church where he is to officiate, in the presence of the Congregation there assembled, in the time of Divine Service; upon pain that every person failing therein, shall lose such Parsonage, Vicarage, or Benefice, Curates place, or Lecturers place respectively, and shall be utterly disabled, and (ipso facto) deprived of the same; And that the said Parsonage, Vicarage, or Benefice, Curates place, or Lecturers place shall be void as if he was naturally dead. Provided always, That from and after the Twenty fifth day of March, What to be omitted in the Declaration after the 25. March, 1682. which shall be in the year of our Lord God, One thousand six hundred eighty two, there shall be omitted in the said Declaration, or Acknowledgement so to be Subscribed and Read, these words following, Scilicet, ANd I do declare, That I do hold there lies no Obligation on me, or on any other person from the Oath, commonly called the Solemn League and Covenant, to endeavour any change, or alteration of Government either in Church or State, and that the same was in itself an unlawful Oath, and imposed upon the Subjects of this Realm against the know Laws and Liberties of this Kingdom. So as none of the persons aforesaid, shall from thenceforth be at all obliged to Subscribe or Read that part of the said Declaration or Acknowledgement. Provided always, and be it Enacted, That from and after the Feast of St. Bartholomew, Persons not Ordained Priests or Deacons according to Episcopal Ordination, shall not hold any Ecclesiastical Promotion. which shall be in the year of our Lord, One thousand six hundred sixty and two, no person, who now is Incumbent, and in possession of any Parsonage, Vicarage, or Benefice, and who is not already in Holy Orders by Episcopal Ordination, or shall not before the said Feast-day of St. Bartholomew, be Ordained Priest, or Deacon, according to the form of Episcopal Ordination, shall have, hold, or enjoy the said Parsonage, Vicarage, Benefice with Cure, or other Ecclesiastical Promotion within this Kingdom of England, or the Dominion of Wales, or Town of Berwick upon Tweed; But shall be utterly disabled, and (ipso facto) deprived of the same; And all his Ecclesiastical Promotions shall be void, as if he was naturally dead. Nor shall consecrate or administer the Holy Sacrament, if not Ordained according to the Book of Common Prayer. And be it further Enacted by the Authority aforesaid, That no person whatsoever, shall thenceforth be capable to be admitted to any Parsonage, Vicarage, Benefice, or other Ecclesiastical Promotion, or Dignity whatsoever, nor shall presume to Consecrate and Administer the holy Sacrament of the Lords Supper, before such time as he shall be Ordained Priest, according to the form and manner in and by the said Book prescribed, unless he have formerly been made Priest by Episcopal Ordination, upon pain to forfeit for every offence, the sum of One hundred pounds; The Penalty. One moiety thereof to the King's Majesty, the other moiety thereof to be equally divided between the poor of the Parish where the offence shall be committed, and such person, or persons as shall sue for the same by Action of Debt, Bill, Plaint, or Information in any of His Majesty's Courts of Record, wherein no Essoign, Protection, or Wager of Law shall be allowed; And to be disabled from taking, or being admitted into the Order of Priest, by the space of one whole year than next following. Provided, That the penalties in this Act shall not extend to the Foreigners or Aliens of the Foreign Reformed Churches allowed, or to be allowed by the King's Majesty, his Heirs and Successors in England. Provided always, That no title to confer, or present by lapse, shall accrue by any avoidance or deprivation (ipso facto) by virtue of this Statute, but after six months after notice of such avoidance, or deprivation given by the Ordinary to the Patron, or such sentence of deprivation openly and publicly Read in the Parish Church of the Benefice, Parsonage or Vicarage, becoming void, or whereof the Incumbent shall be deprived by virtue of this Act. No other form of Common Prayer to be openly used in any Church or public place. And be it further Enacted by the Authority aforesaid, That no Form, or Order of Common Prayers, Administration of Sacraments, Rites or Ceremonies, shall be openly used in any Church, Chappel, or other public place of, or in any College, or Hall in either of the Universities, the Colleges of Westminster, Winchester, or Eton, or any of them, other then what is prescribed, and appointed to be used in and by the said Book; And that the present Governor, or Head of every College, and Hall in the said Universities, and of the said Colleges of Westminster, Winchester, and Eton, within one month after the Feast of St. Bartholomew, which shall be in the year of our Lord, One thousand six hundred sixty and two; And every Governor or Head of any the said Colleges, or Halls hereafter to be elected, or appointed within one month next after his Election, or Collation, and Admission into the same Government, or Headship, shall openly and publicly in the Church, Chappel, or other public place of the same College, of Hall, and in the presence of the Fellows and Scholars of the same, Subscription to the 39 Articles mentioned in the Stat. 13 El. cap. 12. or the greater part of them, than Resident, Subscribe unto the Nine and thirty Articles of Religion, mentioned in the Statute made in the Thirtéenth year of the Reign of the late Queen Elizabeth, And unto the said Book, and declare his unfeigned assent, and consent unto, and approbation of the said Articles, and of the same Book, and to the use of all the Prayers, Rites, and Ceremonies, Forms, and Orders in the said Book prescribed, and contained according to the form aforesaid; And that all such Governors, or Heads, of the said Colleges and Halls, or any of them as are, or shall be in Holy Orders, shall once (at least) in every Quarter of the year (not having a lawful Impediment) openly and publicly Read the morning Prayer and Service in, and by the said Book appointed to be Read in the Church, Chappel, or other public place of the same College, or Hall, upon pain to lose, and be suspended of, and from all the Benefits and Profits belonging to the same Government, or Headship, by the space of Six months by the Visitor, or Visitors of the same College, or Hall; And if any Governor or Head of any College, or Hall, Suspended for not Subscribing unto the said Articles, and Book, or for not Reading of the Morning Prayer, and Service as aforesaid, shall not at, or before the end of Six months' next after such suspension, Subscribe unto the said Articles and Book, and declare his consent thereunto as aforesaid, or Read the Morning Prayer, and Service as aforesaid, than such Government, or Headship, shall be (ipso facto) void. Who may use the Service in Latin. Provided always, That it shall, and may be lawful to use the Morning and Evening Prayer, and all other Prayers and Service prescribed in and by the said Book, in the Chapels, or other public places of the respective Colleges, and Halls in both the Universities, in the Colleges of Westminster, Winchester, and Eton, and in the Convocations of the Clergies of either Province in Latin, any thing in this Act contained to the contrary notwithstanding. Lecturers. And be it further Enacted by the Authority aforesaid, That no person shall be, or be received as a Lecturer, or permitted, suffered, or allowed to preach as a Lecturer, or to Preach, or Read any Sermon or Lecture in any Church, Chappel, or other place of Public Worship, within this Realm of England, or the Dominion of Wales, and Town of Berwick upon Tweed, unless he be first approved, and thereunto Licenced by the Archbishop of the Province, or Bishop of the Diocese, or (in case the See be void) by the Guardian of the Spiritualties, under his Seal, and shall in the presence of the same Archbishop, or Bishop, or Guardian, Read the Nine and thirty Articles of Religion mentioned in the Statute of the Thirtéenth year of the late Queen Elizabeth, with declaration of his unfeigned assent to the same; And that every person, 13 El. cap. 12. and persons who now is, or hereafter shall be Licenced, Assigned, Appointed, or Received as a Lecturer, to Preach upon any day of the week in any Church, Chappel, or place of Public Worship within this Realm of England, or places aforesaid) the first time he Preacheth (before his Sermon) shall openly, publicly, and solemnly Read the Common Prayers and Service in, and by the said Book appointed to be read for that time of the day, and then, and there publicly and openly declare his assent unto, and approbation of the said Book, and to the use of all the Prayers, Rites and Ceremonies, Forms and Orders therein contained, and prescribed, according to the form before appointed in this Act; And also shall upon the first Lecture-day of every month afterwards, so long as he continues Lecturer, or Preacher there, at the place appointed for his said Lecture or Sermon, before his said Lecture or Sermon, openly, publicly, and solemnly Read the Common Prayers and Service in, and by the said Book appointed to be read for that time of the day, at which the said Lecture or Sermon is to be preached, and after such Reading thereof, shall openly and publicly, before the Congregation there assembled declare his unfeigned assent, and consent unto, and approbation of the said Book, and to the use of all the Prayers, Rites and Ceremonies, Forms and Orders therein contained and prescribed, according to the form aforesaid; And that all and every such person and persons who shall neglect, or refuse to do the same, shall from thenceforth be disabled to preach the said, or any other Lecture or Sermon in the said, or any other Church, Chappel, or place of public Worship, until such time as he, and they shall openly, publicly, and solemnly Read the Common Prayers, and Service appointed by the said Book, and Conform in all points to the things therein appointed and prescribed, according to the purport, true intent and meaning of this Act. Provided always, That if the said Sermon, Lectures in Cathedral or Collegiate Churches. or Lecture be to be Preached or Read in any Cathedral, or Collegiate Church or Chappel, it shall be sufficient for the said Lecturer openly at the time aforesaid, to declare his assent and consent to all things contained in the said Book, according to the form aforesaid. And be it further Enacted by the Authority aforesaid, The Penalty upon persons disabled that Preach. 15 Car. 2. cap. 6. in fine. That if any person who is by this Act disabled to preach any Lecture or Sermon, shall during the time that he shall continue and remain so disabled, preach any Sermon, or Lecture; That then for every such offence the person, and persons so offending, shall suffer Three months' Imprisonment in the Common Goal without bail or mainprize, And that any two justices of the Peace of any County of this Kingdom and places aforesaid, and the Mayor or other chief Magistrate of any City, or Town Corporate, within the same, upon Certificate from the Ordinary of the place made to him, or them of the offence committed, shall and are hereby required to commit the person or persons so offending to the Goal of the same County, City, or Town Corporate accordingly. Provided always, and be it further Enacted by the Authority aforesaid, Common Prayer to be read before every Lecture, and the Lecturer to be present. That at all and every time and times when any Sermon, or Lecture is to be Preached, the Common Prayers, and Service, in and by the said Book appointed to be Read for that time of the day, shall be openly, publicly, and solemnly Read by some Priest or Deacon, in the Church, Chappel, or place of Public Worship, where the said Sermon, or Lecture is to be Preached, before such Sermon or Lecture be preached; And that the Lecturer then to Preach shall be present at the Reading thereof. Provided nevertheless, That this Act shall not extend to the University Churches, Proviso for Sermons and Lectures in the Universities. in the Universities of this Realm, or either of them, when or at such times as any Sermon or Lecture is Preached or Read in the said Churches, or any of them, for, or as the public University Sermon, or Lecture; but that the same Sermons and Lectures may be preached or read in such sort and manner as the same have been heretofore preached or read, this Act, or any thing herein contained to the contrary thereof in any wise notwithstanding. And be it further Enacted by the Authority aforesaid, That the several good Laws, The Laws and Statutes formerly made for Uniformity of Common Prayer confirmed, and to be executed for punishing offenders against this Law. and Statutes of this Realm, which have been formerly made, and are now in force for the Uniformity of Prayer and Administration of the Sacraments, within this Realm of England, and places aforesaid, shall stand in full force and strength to all intents and purposes whatsoever, for the establishing and confirming of the said Book, Entitled, 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, together with the Psalter, or Psalms of David, pointed as they are to be sung or said in Churches, and the form or manner of Making, Ordaining, and Consecrating of Bishops, Priests, and Deacons herein before mentioned to be joined and annexed to this Act; and shall be applied, practised, and put in ure for the punishing of all offences contrary to the said Laws, with relation to the Book aforesaid, and no other. Provided always, and be it further Enacted by the Authority aforesaid, Litanies and Collects relating to the King, Queen, etc. That in all those Prayers, Litanies, and Collects, which do any way relate to the King, Queen, or Royal Progeny, the Names be altered, and changed from time to time, and fitted to the present occasion, according to the direction of lawful Authority. True printed Copies of the Book of Common Prayer to be provided in all Parishes and Churches. Provided also, and be it Enacted by the Authority aforesaid, That a true Printed Copy of the said Book, Entitled, 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, together with the Psalter or Psalms of David, pointed as they are to be sung or said in Churches, and the form and manner of Making, Ordaining, and Consecrating of Bishops, Priests and Deacons, shall at the costs and charges of the Parishioners of every Parish-Church and Chappelry, Cathedral Church, College, and Hall, be attained and gotten before the Feast-day of St. Bartholomew, in the year of our Lord, One thousand six hundred sixty and two, upon pain of forfeiture of three pounds by the month, for so long time as they shall then after be unprovided thereof, by every Parish, or Chappelry, Cathedral Church, College, and Hall, making default therein. Proviso for the Bishops of Hereford, St. Davies, Asaph, Bangor, Landaff. Provided always, and be it enacted by the Authority aforesaid, That the Bishops of Hereford, St. Davies, Asaph, Bango●, and Landaff, and their Successors, shall take such order among themselves, for the souls health of the Flocks committed to their Charge within Wales, That the Book hereunto annexed be truly and exactly Translated into the British, or Welsh Tongue, and that the same so Translated and being by them, or any three of them at the least viewed, perused, and allowed, be Imprinted to such number at least, so that one of the said Books so Translated and Imprinted, may be had for every Cathedral, Collegiate, and Parish Church, and Chapel of Ease, in the said respective Dioceses and places in Wales, where the Welsh is commonly spoken or used, before the First day of May, One thousand six hundred sixty five; And that from and after the Imprinting and publishing of the said Book so Translated, the whole Divine Service shall be used and said by the Ministers and Curates throughout all Wales within the said Dioceses where the Welsh Tongue is commonly used, in the British, or Welsh Tongue, in such manner and form as is prescribed according to the Book hereunto annexed to be used in the English Tongue, differing nothing in any order or form from the said English Book, for which Book, so Translated and Imprinted, the Churchwardens of every the said Parishes shall pay out of the Parish-money in their hands for the use of the respective Churches, and be allowed the same on their Account; And that the said Bishops and their Successors, or any three of them at the least, shall set and appoint the price, for which the said Book shall be sold; And one other Book of Common Prayer in the English Tongue, shall be bought and had in every Church throughout Wales, in which the Book of Common Prayer in Welsh is to be had, by force of this Act, before the First day of May, One thousand six hundred sixty and four, and the same Book to remain in such convenient places, within the said Churches, that such as understand them may resort at all convenient times, to read and peruse the same, and also such as do not understand the said Language, may be conferring both Tongues together the sooner attain to the knowledge of the English Tongue, Any thing in this Act to the contrary notwithstanding, and until Printed Copies of the said Book so to be Translated, may be had and provided, The Form of Common Prayer established by Parliament, before the making of this Act, shall be used as formerly in such parts of Wales, where the English Tongue is not commonly understood. And to the end that the true and perfect Copies of this Act, and the said Book hereunto annexed may be safely kept, and perpetually preserved, and for the avoiding of all disputes for the time to come; True and perfect Copies of this Act, and the Book of Common Prayer, by whom, and how to be had and kept. Be it therefore Enacted by the Authority aforesaid, That the respective Deans and Chapters of Every Cathedral, or Collegiate Church, within England and Wales, shall at their proper costs and charges, before the Twenty fifth day of December, One thousand six hundred sixty two, obtain under the Great Seal of England a true and perfect printed Copy of this Act, and of the said Book annexed hereunto, to be by the said Deans and Chapters, and their Successors kept and preserved in safety for ever, and to be also produced, and shown forth in any Court of Record, as often as they shall be thereunto lawfully required; And also there shall be delivered true and perfect Copies of this Act, and of the same Book into the respective Courts at Westminster, and into the Tower of London, to be kept and preserved for ever among the Records of the said Courts, and the Records of the Tower, to be also produced, and shown forth in any Court as need shall require; which said Books so to be exemplified under the Great Seal of England, shall be examined by such persons as the King's Majesty shall appoint under the Great Seal of England for that purpose, and shall be compared with the Original Book hereunto annexed, and shall have power to correct, and amend in writing, any Error committed by the Printer in the Printing of the same Book, or of any thing therein contained, and shall certify in writing under their Hands and Seals, or the hands and seals of any three of them at the end of the same Book, that they have examined and compared the same Book, and find it to be a true and perfect Copy; which said Books, and every one of them so exemplified under the Great Seal of England, as aforesaid, shall be deemed, taken, adjudged, and expounded to be good, and available in the Law to all intents and purposes whatsoever, and shall be accounted as good Records as this Book itself hereunto annexed; Any Law, or Custom to the contrary in any wise notwithstanding. Proviso for the King's Professor of Law in Oxford. Provided also, That this Act or any thing therein contained, shall not be prejudicial or hurtful unto the King's Professor of the Law within the University of Oxford, for, or concerning the Prebend of Shipton, within the Cathedral Church of Sarum, united and annexed unto the place of the same King's Professor for the time being, by the late King James of blessed memory. Provided always, Proviso concerning the 3●th Article agreed in the Convocation, Anno 1562. That whereas the Six and thirtieth Article of the Nine and thirty Articles agreed upon by the Archbishops, and Bishops of both Provinces, and the whole Clergy holden at London, in the year of our Lord, One thousand five hundred sixty two, for the avoiding of diversities of Opinions, and for establishing of consent, touching true Religion, is in these words following, viz. That the Book of Consecration of Archbishops and Bishops, and Ordaining of Priests and Deacons, lately set forth in the time of King Edward the Sixth, and confirmed at the same time by Authority of Parliament, doth contain all things necessary to such Consecration and Ordaining, neither hath it any thing that of itself is superstitious, and ungodly; And therefore whosoever are Consecrated or Ordered according to the Rites of that Book, since the second year of the aforenamed King Edward, unto this time, or hereafter shall be Consecrated or Ordered according to the same Rites; We decree all such to be rightly, orderly, and lawfully Consecrated and Ordered; It be Enacted, And be it therefore Enacted by the Authority aforesaid, That all Subscriptions hereafter to be had or made unto the said Articles, by any Deacon, Priest, or Ecclesiastical person, or other person whatsoever, who by this Act, or any other Law now in force is required to subscribe unto the said Articles, shall be construed, and be taken to extend, and shall be applied (for and touching the said Six and thirtieth Article) unto the Book containing the form and manner of Making, Ordaining, and Consecrating of Bishops, Priests, and Deacons in this Act mentioned, in such sort and manner as the same did heretofore extend unto the Book set forth in the time of King Edward the Sixth, mentioned in the said Six and thirtieth Article, Any thing in the said Article, or in any Statute, Act, or Canon heretofore had or made, to the contrary thereof in any wise notwithstanding. Provided also, That the Book of Common Prayer, The Common Prayer used by Authority of Parliament 1. Eliz. to be used until Bartholomew Day, 1662. EXP. and Administration of the Sacraments and other Rites and Ceremonies of this Church of England, together with the form and manner of Ordaining, and Consecrating Bishops, Priests, and Deacons heretofore in use, and respectively established by Act of Parliament in the First and Eighth years of Queen Elizabeth, shall be still used and observed in the Church of England, until the Feast of St. Bartholomew, which shall be in the year of our Lord God, One thousand six hundred sixty and two. EXP. as to this last Clause. CAP. V. For Regulating the Making of Stuffs in Norfolk and Norwich. WHereas divers abuses and deceits have of late years been had and used in the making of Worsteds, and other Stuffs commonly called, Norwich Stuffs, and in the Réeling of Yarnes, whereof the said Stuffs are either wholly, or in part made, which tends to the debasing of the said Manufacture, unto the prejudice of the public; which said Trade of Weaving of Stuffs hath of late times been very much increased, and great variety of new sorts of Stuffs have been invented; 7 E. 4. cap. 1. so that the Power given by the Statute of the Seventh of Edward the Fourth, Chapter the First, is not sufficient for the Regulating of the same; And that the number of the Wardens by the same Act appointed, being but Eight, are too few for the Governing and Ordering the same Trade, by which means the same Manufacture will soon be lost, (if not prevented) and carried into foreign Nations, to the great diminution of His Majesty's Customs, and turning out of the work many thousands of poor people. For prevention of which abuses, deceits and evils, The number of Wardens and Assistants of Master Weavers in Norwich, how and when to be chosen. It is Enacted by the Kings most Excellent Majesty, with the advice and consent of the Lords Spiritual and Temporal, and Commons Assembled in Parliament, and by the Authority of the same, That there shall be Twelve Wardens, and Thirty Assistants, all which are to be Master-Weavers within the County of the City of Norwich, and County of Norfolk; sir of which said Wardens, and fifteen of the said Assistants shall be chosen the first Monday after Pentecost, in the year of our Lord God, One thousand six hundred sixty and two, and from thenceforth yearly, and every year on the next Monday after Pentecost, at some public place by the Master-Weavers, or the greater part of them present of the said City and County of Norwich; And the other six Wardens, and fifteen Assistants shall be chosen upon the same day yearly within the City of Norwich, or County of Norfolk, in some public place by the Master-Weavers, or the greater part of them present of the County of Norfolk. And the said Wardens respectively shall within fourtéen days after they shall be so chosen or elected, and notice thereof given, take the Oath ensuing, to be administered by the Mayor of the said City for the time being, or his Deputy, and the Steward of the Duchy of Lancaster within the the said County for the time being, if it shall happen the said Steward shall be there present, or else before the said Mayor, or his Deputy only; which Oath they and every of them are hereby Authorized and required from time to time to Administer accordingly, Viz. I A. B. Do swear, The Oath to be taken by them. That I will well, faithfully, and honestly perform and discharge the Office of a Warden of the said Trade of Worsted Weavers, according to the best of my skill, power and knowledge. And that the said Assistants, and every of them, within the time aforesaid, shall take the like Oath before such person or persons before whom the Wardens shall be Sworn for the execution of that Office of an Assistant; and that if it shall happen that any of the said Wardens, who shall be so chosen, shall refuse to take the said Oath, or after he be sworn, shall die before the end of the year, That then from time to time, so often as need shall be, it shall and may be lawful to, and for the Master-Weavers of the said City, County of the City of Norwich, and County of Norfolk, respectively, as the cause shall require, to choose other Warden, or Wardens in the place of him, or them so dying, or refusing, who shall be sworn in such manner as aforesaid. The powers in this act for Regulation of Trade to be put in execution. And for the Regulation, and good Government of the said Trade, and Manufacture, the said Wardens and Assistants, or any thirtéen of them, whereof seven to be Wardens, shall and may from time to time meet and consult together for the good, and benefit of the said Trade and Manufacture; and for due execution of the Powers, and Authorities given by this Act, so often as to them shall seem expedient, or when it shall be desired by eight, or more of the said Assistants, at the place called Weavers Hall in the said City, Power to make By-laws and orders. or at such other place as they shall think fit: And that any thirtéen or more of the said Wardens, and Assistants, whereof seven at the least to be Wardens, shall have, and hereby have power and Authority, from time to time, so often as need shall require, to make and ordain By-laws, Rules, and Ordinances, for, and concerning the Regulation of the laid Worsted-Stuffs, and other Stuffs now made, and which hereafter shall be made within the said City and County of the City of Norwich, and County of Norfolk, and in either of them, both in length, breadth, and goodness, and of such other particulars as shall by the said Wardens and Assistants so met, or the greater number of them, from time to time be adjudged requisite for the better Regulating the said Trade and Manufacture, and the Artificers of the same in the due execution of this Act (and to make Seals from time to time for the sealing of the same Stuffs) which By-laws, Rules, and Ordinances, being ratified and confirmed by the Mayor, and two justices of the Peace of the said City and County of Norwich for the time being, and three other justices of Peace of the said County of Norfolk (whereof one to be of the Quorum) shall be published four times in the year at the least, To be published at Four assemblies to be held yearly. at four Public Assemblies for the said Trade and Manufacture, and shall be obeyed and kept by the several persons within and under the said Regulation. The penalty upon offenders against such By-laws and orders. And the said Wardens and Assistants shall have, and hereby have power to impose a fine or penalty upon any person or persons under such Regulation, as shall not conform to such Rules, Orders, and Ordinances so made, and to be made and confirmed as aforesaid. Provided that the said Fine or Penalty upon any person for not conforming as aforesaid, shall not exceed the sum of Ten shillings for any one offence. Notice of meeting by the City of Norwich, to be given to the Wardens of the County of Norfolk. And it is further Enacted, That the Wardens and Assistants of the said City, and County of the City of Norwich, shall from time to time give Personal notice unto the Wardens of the said County of Norfolk, or two of them at the least, of the time when they intent to consider of the making of By-laws, Rules, and Ordinances as aforesaid, and shall set it up in writing upon the Door of their Sealing-Hall, fourtéen days at the least before they shall proceed to the making the same; to the end, that such of the said Country Weavers as are therein concerned may be there present, And for the better Regulation and carrying on the work aforesaid, and for avoiding of all Frauds and Deceits therein; Be it further Enacted by the Authority aforesaid, That all Yarns called Worsted Yarns, and such other Yarns, as are commonly used by the Worsted Weavers, shall be made without Fraud, Yarns called Worsted Yarns how to be made. and shall be Réeled on a Réel of a full Yard about, and every Réel-staff shall contain fourtéen Leas, and every Lea forty threads, twelve of which Réel-staffs shall make a dozen, and twelve of those dozen shall make a gross: And in case any Person or Persons shall sell, or expose to sale, any of the said Yarns made and Réeled, in any other manner than as is aforesaid, that then every such Person or Persons, shall forfeit the Moiety of the value of the said Yarns to the use of the said Trade, and Manufactures, after charges of Suit, and of Prosecution, first deducted out of the same, which forfeiture shall be recovered by Action of Debt, Bill, Plaint, Indictment, or Information in any of the King's Majesty's Courts of Record, wherein no Wager of Law, Essoyn, or Protection shall be allowed for the Defendant. View and search to be made of manufactures in Fairs and markets. And that it shall and may be lawful to, and for the Wardens and Assistants of the said Trade and Manufactures, or any two of them, from time to time to View and Search in all Fairs and Markets, and other public places of sale of Yarns, within the said City of Norwich and County of the same, and County of Norfolk, and either of them, all Yarns which be there exposed to sale; and such of the said Yarns, as they shall find defective, contrary to the Rules herein before set, that then it shall and may be lawful, to, and for the same Wardens, and Assistants, or any two of them, to seize the same Yarns, and bring the same within twenty days next after the Seizure thereof to Trial by a jury, and to be proceeded in, and fined in such manner and form as in this present Act is limited and appointed for defective Stuffs; which said jury shall have, and hereby have power to set such fine or fines upon the said Yarns, as they shall in their discrections see cause, the same fines not to exceed the moiety of the Yarn so found defective, and the same fines to go to the Poor of the same Trade and Manufacture, as aforesaid. Provided always, That no person or persons shall be doubly punished for any one offence touching Yarns (that is to say) by this, and the former clause in this Act. And it is hereby further Enacted, That all sorts of Stuffs, whether woven of Woollen only, All Woollen Stuffs and Weavers to be under the Government of the said Wardens and Assistant. or of Wool, and other Materials within the City and County of Norwich, and the County of Norfolk, and the Makers and Weavers of the same Stuffs, shall be under the power, Government, and Regulation of the said Wardens and Assistants, in such manner as by this and other Acts of Parliament, and the By-laws made, and to be made by virtue thereof, are or shall be established, (except such Stuffs as are under the Regulation of the Wardens, and Fellowship of the mystery of Russel-Sattens, Satins Reverses, and Fustians of Norwich-making, within the City of Norwich;) And that all Stuffs made and to be made under the Regulation aforesaid, before the same shall be offered, or put to sale, shall be brought to Weavers-Hall, for the time being, Good and sufficient shall be Sealed. within the County of the City of Norwich, to be viewed, and searched by the said Wardens, or any two of them; And if the same shall be found to be well and sufficiently made, and wrought according to the Rules and Ordinances of the said Trade, than all such Stuffs shall be by the Wardens, or any two of them, Sealed, and allowed accordingly, without any sum of money paid, or to be paid for the same; And if upon search and view thereof, any such Stuffs shall be found, Defective Stuffs shall be seized and tried by a Iury. and appear to be defective, contrary to the Rules and Ordinances of the said Wardens and Assistants, than all such defective Stuffs shall be seized by the said Wardens, or any two of them, and tried by a jury of Twelve Artificers of the said Regulation of Worstedweavers, Six whereof to be of the City of Norwich, and Six to be of the County of Norfolk, who shall be from time to time Impanelled by a Precept under the Hand and Seal of the Mayor of the City of Norwich for the time being, or his Deputy; And if any who shall be so Impanelled shall fail in appearance, the number to be made up either of the Master-weavers of the City of Norwich, or of the County of Norfolk, by a Precept from the said Mayor; which jury so Impanelled or taken, and Sworn before the Mayor of the said City for the time being, shall try the said Stuffs, and find whether they be made according to this Act, and the By-laws and Ordinances made by virtue thereof, or of any other Act of Parliament, and shall have power to impose a moderate fine, according to the nature of the offence, not exceeding the moiety of the value of the defective Stuffs so seized and tried, the same fines to go to the use of the Trade and Manufacture; And those Stuffs which shall be found defective, to be detained until the fine or fines set upon them by the jury be paid; which if the Owner of the same Stuffs shall not pay to the said Wardens, or some of them, within forty days after the Trial, than the same Stuffs to be sold by any two of the said Wardens, and the overplus of the moneys thereof coming after the fines deducted, to be restored to the Owner upon demand. And it is further Enacted, That if any Warden or Wardens shall at any time seal, The penalty for Sealing defective Stuffs. or cause to be sealed, any Stuffs made under the said Regulation, which shall afterwards be discovered by any person to be defective, contrary to this present Act, and the By-laws, Rules and Ordinances thereupon made, or hereafter to be made, or any of them, and found so to be by a jury of the twelve Artificers of the said Trade, from time to time to be Impanelled and Sworn before the said Mayor or his Deputy, and the said Steward of the Duchy of Lancaster for the time being, if he be there present; And if the said Steward be absent, then before the said Mayor or his Deputy only, of which jury six shall be of the said City Weavers, and the other six of the said Countrey-Weavers, who shall have, and hereby have power to set and impose a fine upon the Warden or Wardens of the said Trade offending, for every piece of defective Stuff so sealed, as the same jury in their discretions shall think fit, the same fine not exceeding the sum of Forty shillings, which shall be to the use of the King's Majesty; And that the same jury, or any other such like jury, from time to time to be Impanelled by, and sworn before the persons aforesaid, or any of them, shall likewise inquire into all, and every other the frauds, abuses and miscarriages of the Wardens and Assistants, and every of them, in the execution of their Offices, and correct and punish them and every of them for their several offences, in such manner as is herein before mentioned to be done against any other offenders, who are under the said Regulation. Provided, That if the said Wardens, or any of them, shall be unjustly molested, Persons unjustly molested to have double damages. and that if such Stuffs, upon trial, shall be found by the jury to be good, and duly made, or that they, or the Assistants, or any of them, are not guilty of any such frauds, miscarriages, or abuses, as they are complained of for, the person or persons so causelessly molesting, shall pay to the Wardens or Assistants, or any of them, so unjustly molested, double the damages they or any of them, shall or may sustain by any such molestation And be it further Enacted by the Authority aforesaid, None may buy Stuffs unsealed. That it shall not be lawful for any person or persons to buy any piece or pieces of Stuffs, before the same be sealed by the Wardens of the said Trade, saving to the King's Majesty, His Heirs and Successors, all such right of Customs, Subsidies and Aulnage of Norfolk and Norwich-Stuffs or Worsteds, or any of them, as he or they might lawfully have claimed before the making of this Act: Saving for the King's Aulnage. And that if any piece or pieces of Stuffs shall be found in the possession of any person or persons unsealed, except in the possession of the first Owner or Maker thereof, the person or persons in whose custody the same shall be found, shall be adjudged guilty of deceit, and shall forfeit for every such piece of Stuff, which be so found in his or their possession, unsealed as aforesaid, the sum of Four shillings; The penalty for buying unsealed Stuffs. And the Maker and Seller of the same, who shall deliver the same out of his or their possession before the same be sealed, shall likewise forfeit for every such piece, other Four shillings, to the use of the Poor of the said Trade and Manufacture. And that if any person shall counterfeit any Seal of the said Trade, or shall seal any piece of Stuff under the Regulation with any counterfeit Seal, The penalty for counterfeiting any seal of the said Trade. or shall remove a Seal off one piece, and set it unto another piece which hath not been sealed by the Wardens, every person so offending, and being thereof convicted by his own confession, or by the Oath of two, or more Witnese, to be taken before the Mayor of the said City or his Deputy, or any one justice of the Peace of the City of Norwich, or County of Norfolk, who respectively have hereby power to administer an Oath for that purpose, shall forfeit for every such offence the sum of twenty pounds of lawful English money, to the use of the King's Majesty. None may use the said Trade but such as have been apprentices 7. years. And be it further Enacted by the Authority aforesaid, That no person or persons shall use or exercise the same Trade as a Weaver, unless he hath served to the same Trade as an Apprentice, by the space of seven years, upon pain of forfeiting Forty shillings for every month he shall use or exercise the same Trade, not having served thereunto as aforesaid, the one half thereof to the King's Majesty, and the other half thereof to the person or persons who will sue or prosecute for the same by Action of Debt, The penalty Bill, Plaint, Indictment, or Information, in any of His Majesty's Courts of Record. Every one shall wove his own mark in his Stuff. And that every person under the said Regulation shall wove his proper Stuff-Mark into every piece of Stuff which he shall wove, or cause to be woven, at the head end of the same piece, upon pain of forfeiting three shillings for every piece that shall be woven without such Mark, to the use of the poor of the said Trade and Manufacture. The Wardens and Assistants may enter houses, Work houses and aware houses to search for Stuffs. And the said Wardens and Assistants, or any two or more of them, shall have, and hereby have power to enter into, and search the Houses and Work-houses of any Artificers within the City of Norwich, and County of Norfolk, under the Regulation of the said Wardens and Assistants, and the Shops, House, and Warehouses of any Merchant, common buyer, dealer in, and retailer of any the said Stuffs, and into the house and Workhouse of any Dier, Shéer-man, Calendar, or other workman's house and place of sale, and dressing of the said Stuffs, at all times of the day, and usual times of working, and may there search and view the Stuffs there found, whether they be ordered and made according to this present Act, Faulty and defective Stuffs to be seized and tried. and the Laws, Orders, and Ordinances of the said Trade; And that if any such Stuff as aforesaid, shall be found faulty or defective, That then they, or any two of them, shall seize, take, and carry away the same to be ordered and brought to Trial, and proceeded against in manner and form, as is before in this present Act mentioned and appointed for defective Stuffs. Proviso for poor journeymen. And for the better providing that poor journeymen, who have served in the said Trade, and are not able to set up for themselves may be Employed in work, It is hereby Enacted, that whatsoever person under the Regulation of the said Trade, who shall Employ two Apprentices in the said Trade, shall likewise Employ and set on work two journeymen in the said Trade, during the time he employs two Apprentices; And that no Master-weaver under the Regulation of the said Trade, shall at any time have, employ or set on work above two Apprentices, or any wéek-boy to wove in a Loom in the said Trade in Worsted-weaving, upon pain that every person shall forfeit for every month so offending as aforesaid, the sum of five pounds to the use of the King's Majesty. Obedience and conformity to this Act. And be it further Enacted, That all persons who are or may be concerned in any thing contained in this present Act, are hereby strictly enjoined and required to yield due obedience thereunto, according to the true intent and meaning of this present Act; And that if any person or persons shall refuse, Penalty upon such as shall refuse or hinder the Execution. hinder, or will not permit the said Wardens or Assistants, or any two or more of them to execute their Office according to the Tenor of this Act, That then every person so offending, being thereof Convicted by the Oath of one or more credible Witnesses before the Mayor of the said City, or his Deputy, or any one justice of Peace of the said City of Norwich, or County of Norfolk respectively, who are hereby Authorized to administer such Oath, shall forfeit the sum of Forty shillings to the use of the King's Majesty. And if any person lawfully Summoned to appear upon any jury or Trial, according to the Tenor of this Act, The penalty for not appearing upon a jury or trial. shall refuse, or neglect to appear and proceed upon the same, every person so refusing or neglecting, shall forfeit for every such neglect, or refusal, the sum of Five shillings, to to the use of the Poor of the said Trade and Manufacture; which said penalties and forfeitures, together with all other Fines and Penalties, which are appointed to go to the poor of the Trade and Manufacture, or for the use thereof mentioned in this Act, the means of Recovery of which is not already otherwise herein provided and set forth, shall be levied by distress and sale of the Offenders Goods and Chattels, by warrant to be granted by the said Mayor, or his Deputy for the time being, or any one justice of Peace of the City of Norwich, or County of Norfolk, rendering the Overplus of such distress to the Owner thereof, if any shall be, and the same shall be by him demanded, or otherwise to be recovered by Action of Debt, Bill, Plaint, Indictment, or Information in any His Majesty's Courts of Record, wherein no wager of Law, Essoyn, or Protection shall be allowed to the Defendant as aforesaid. And whereas the Custom hath been retained time out of mind, and found expedient, that there should be a cessation of weaving every year in the time of Harvest, in regard the Spinners of Yarn which the said Weavers do use, No weaving of Stuffs in time of Harvest. are at that time chief employed in Harvest-work; Be it Enacted, That no Weaver under the Regulation of the said Trade and Manufacture, shall set any Loom on work for the weaving of any Stuffs under the said Regulation in the time of Harvest yearly, from the Fiftéenth day of August in every year, until the fifteenth day of September than next following, upon pain, of forfeiting to the King's Majesty the sum of Forty Shillings for every Loom which shall be used in work within the said time. And be it further Enacted by the Authority aforesaid, Trut accounts to be made at the 4 assemblies of all fines and forfeitures. That a true account shall be made at the four Assemblies (to be held quarterly as aforesaid) by the Wardens before the Mayor of the City of Norwich for the time being, and one of the justices of the Peace of the said City and County of Norwich, and two justices of the Peace of the County of Norfolk, of all such Fines and Forfeitures as shall be received and had, belonging to the said Trade and Manufacture, and of the necessary Charges and Disbursements touching the same Trade and Manufacture; and that the Over-plus which shall remain after the said necessary Charges and Disbursments are deducted, shall be divided into two equal parts, the one Moiety thereof to be disposed of by the Wardens and Assistants of the said City of Norwich, or the greater part of them, and the other Moiety thereof by the Wardens and Assistants of the said County of Norfolk, or the greater part of them, for the use of the Poor of the said Trade and Manufacture in such manner as the said Mayor and justices aforesaid respectively shall order and direct, and no other, any thing in this Act to the contrary thereof in any wise notwithstanding. And that all Mayors, justices, Sheriffs, Bailiffs, Constables, and all other Officers, All Mayors, bailiffs &c. to be aiding and assisting. shall be aiding and assisting to the said Wardens and Assistants, or any of them, as often as they shall be thereunto required; 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, shall or may plead the general Issue of not guilty, In Action the defendant may plead the general issue. 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 Nonsuit therein. Provided always, That this Act nor any thing therein contained, Double costs shall extend to compel the Weavers of the Towns of Great Yarmouth, and Lyn, in the said County of Norfolk, to bring their Wares to Notwich to be Sealed, or be prejudicial to the Weavers of the said Towns, Proviso for the Weavers of Great Yarmouth and Lyn. or either of them, to deprive them, or either of them of such Liberties or Privileges as are granted unto them by an Act of Parliament, made in the Fourtéenth Year of King Henry the Eight, or by any other Act of Parliament, or Grant, or Charter whatsoever. This Act to begin, and take effect from the Fiftéenth day of May, One thousand six hundred sixty and two. CAP. VI For Enlarging and repairing of Common Highways. Whereas the former Laws and Statutes for the Mending and Repairing of the Common and public Highways of this Realm have not been found so effectual as is desired; by means whereof, and the extraordinary Burdens carried upon Wagons, and other Carriages, divers of the said Highways are become very dangerous, and almost unpassable: For remedy whereof, Be it Enacted by the Kings most Excellent Majesty, by, Surveyors of the Highways to be chosen yearly the Monday or Tuesday in Easter week. 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 Churchwardens and Constables, or Tything-men of every Parish, Town, Village, or Hamlet for the time being, within the Kingdom of England, Dominion of Wales, and Town of Berwick upon Tweed, shall upon Monday or Tuesday in the Easter week yearly (whereof notice shall be publicly given the Sunday foregoing, in the Church, immediately after the end of Morning Prayer,) with the advice and consent of the major part of the Inhabitants which shall be then present, choose Two or more sufficient and able persons, residing and inhabiting within their Parish, Town, Village or Hamlet, to be Surveyors of their Highways for the year next ensuing, and give notice thereof in writing to the persons chosen; and for default of such choice, so to be made, as aforesaid, The penalty the Churchwardens, Constables, or Tything-men, and Inhabitants of every such Parish, Town, Village, or Hamlet, shall forfeit and lose the sum of Five pounds. And be it Enacted by the Authority aforesaid, That all and every Surveyor and Surveyors, The duty of the Surveyors within twenty days next after notice given unto him or them, of his and their Election as aforesaid, or of the publication of this Act, shall upon the penalty of Five pounds, View and Survey all the Common and Public Highways and Bridges within the Parish, Town, Village, or Hamlet wherein he or they are respective Surveyor or Surveyors, and all Watercourses, Causeys, and Pavements therein which are to be Repaired and Amended at a Public Charge of the said Parish, Town, Village or Hamlet, and shall consider what reparations shall be needful to be made, and what sum or sums of money will be requisite to be raised for the Amending, Repairing and Enlarging of the same, over and above what will be done by the other Laws made for the Amending of the said Highways, and thereupon shall together with two or more substantial Householders of the said Parish, Town, Village or Hamlet, called by the Surveyors to their Assistance within ten days after such Survey made, lay one or more Assessment or Assessments, How and upon whom to lay Assessment for mending or Enlarging the Highways. upon every Inhabitant rated to the Poor, and upon every Occupier of Lands, Houses, Tithes Impropriate or Appropriate, Portions of Tithes, Coal-mines, and other Mines saleable, Vnderwoods', Stock, Goods, or other personal Estate, not being Householdstuff, within the said said Parish, Town, Village or Hamlet, for the Repairing, Amending and Enlarging of the said public and common Highways, as they the said Surveyors, and other the substantial Householders, or the Major part of them shall think fit, meet and necessary; which said Assessment or Assessments shall not exceed in the whole above the sum of Six pence in the pound in any one year, according to the real value of the same, and Twenty pounds in Money, Goods, Stock, or other personal Estate, shall be rated equally to Twenty shillings a year in Lands; And every such Assessment so made, shall within Six days after be presented to some justice of the Peace near adjoining to the Parish where it is made, to be seen, allowed, and signed by him; And after such Allowance, every person so Assessed or Taxed, that shall not within Twenty days after demand made by the Surveyors, or one of them, pay such sum or sums of Money Assessed on him, or her, or them, unto the Surveyors or one of them, shall forfeit and pay double so much as he, she, or they are Assessed to pay; unless (upon complaint made to the said justice of wrong done to such person by that Assessment) the said justice shall think fit to alter the same: And in case where common Nuisances are in Highways, or where Ditches or Watercourses adjoining unto Highways, are not scoured and dressed, the said Surveyors shall see the same reformed, and the offenders punished according to Law, deducting out of the Moneys so to be raised, his reasonable Charges for prosecution: And for the more effectual Mending the Highways, and Parish-Bridges, and Streets, the Surveyors aforementioned shall yearly at the most convenient and fitting time, between the First of May, and the last of August, hire labourers, Workmen, Carts and Carriages, for Amending the Highways, Streets, Parish-Bridges aforesaid, and Watercourses, and shall cause them to be well and sufficiently mended. The Surveyors may charge Carts and Workmen. And for the better effecting thereof, Be it Enacted by the Authority aforesaid, That the said Surveyors, or any of them within their several Limits and jurisdictions, may yearly as he shall see cause, and need require, direct and appoint every person and persons; who by the former Laws and Statutes of this Realm are chargeable with Wain or Cart, 2 & 3. Ph. & Mar. ca 8. 5 El. ca 13. 18 El. ca 10. to the amending of the Highways; and every other person and persons chargeable, to come to labour at the said ways, to send his or her Cart or Wain and Team so furnished, as by the Laws is directed, or to come and work for the amending of the Highways for so many days as by the Laws are appointed, or for so many of them as the said Surveyors shall think needful and appoint; for which Teams, work and labour, the said Surveyors shall pay unto such workmen and Owner of such Teams, Carts and wains, according to the usual rate of the Country, for such work as they shall do over and above what by the other Laws made for the amending the Highways they are appointed to do: And if any question shall arise about the value or worth of such work or labour, for Man or Teams, some justice of the Peace near adjoining, and not living in the said Parish, shall determine what is fit to be allowed for such work; Penaly upon such as refuse or neglect. And in case any person so charged to send his or her Team to work, as aforesaid, shall refuse or neglect to do so, such person so refusing or neglecting, shall forfeit ten shillings for every day that he or she shall make such default, and every Labourer Eighteen pence for such day that he neglects to work as aforesaid. Provided, That no person or persons, occupying any Lands, shall be Assessed and Taxed both for the said Lands and the Stock, which he or they shall use or employ upon the same. In what cases Highways may be Enlarged out of men's lands next adjoining. And be it further Enacted by the Authority aforesaid, That it shall and may be lawful, to and for the said Surveyors of the Highways for the time being, of every such Parish, Town, Village or Hamlet, within their several Precincts from time to time, by order from the Quarter-Sessions, and upon the view, and by the allowance or consent of two or more justices of the Peace of the County, Authorized thereunto by the Sessions, wherein such Parish, Town, Village or Hamlet shall lie, under their hands and seals in writing, where any common or public Highway is not of the breadth of eight yards from the shores and brinks of the Ditches on either side, or from the banks and hedges where there are no Ditches, to assign and lay out so much of any man's several Lands next adjoining to the said Common and public Highway, where they shall think it needful, and it may conveniently be done, as shall enlarge the said way to be the full breadth of eight yards, or so much broader (toward the breadth of eight yards) then now it is, as conveniently the place will bear from the said shores, Ditches, Banks or hedges, by the consent of the Owner or Owners of the said lands, according to his or their respective interests therein, or otherwise by order of the justices of Peace at their Quarter-Sessions after a Writ of Ad quod damnum first issued out, and returned, to assign and lay out a more new and commodious way in and over the said lands next or near adjoining to the said common and public Highways, the said Surveyors first giving such satisfaction for the said ground unto the respective owners of the same, according to their several and respective Interest in the whole, not exceeding Twenty years purchase: Provided always, That if any common or public Highway or ways, shall be so altered and changed, as is aforesaid, that then, and in such case, the same new Way, or Ways, as also any new Way or ways altered, or to be altered by a Writ of Ad quod damnum, shall from time to time be repaired and amended by such Parish or Parishes, Town, Hamlet, or Village, or by such person and persons, and in such manner and form, as the said old and former common or public Highway or ways was, or were to be repaired and amended. Digging for gravel in wastes and Commons. And be it further Enacted by the Authority aforesaid, That where there is not sufficient Gravel, Chalk, Sand, Cinders, or Stones, within any Parish, Town, Village, or Hamlet, to repair their common, and public Highways, it shall be lawful for the Surveyor and Surveyors, and such person and persons as he or they shall appoint, upon the allowance and approbation of any two justices of Peace within the said County, to dig, take, and carry away Gravel, Chalk, Sand, Cinders, or Stones, out of the Waste and Common of any Neighbouring Parish, Town, Village or Hamlet, or upon the Sea-Coast, without paying any thing for the same, for the repairing and amending of the Highways aforesaid, so as they fill up the place within one month next ensuing, if required by the Owner of the Soyl. Provided always, and be it further Enacted by the Authority aforesaid, In what cases Gravel, Stones, etc. may be digged in men's several grounds. That where there is not sufficient Gravel, Chalk, Stones, Cinders and Sand, or other Materials for to repair the Highways, within the Common or Waste grounds of any Parish, Township, or Hamlet, for to amend and repair the Highways therein, it shall and may be lawful for the said Surveyor or Surveyors, or such as they shall appoint, to enter into the several ground (not being an House, Orchard, Garden, Court-yard, Park with Dear in it, or Meadow) of any person or persons within the said Parish, Township, or Hamlet near adjoining to the Highways to be repaired, where any such Materials are or may be found, and to dig, take and carry away from time to time such quantities thereof, as the said Surveyor or Surveyors shall judge necessary for the said reparations, without paying any thing for the said Materials, (except only where they have formerly been paid for by Custom, or Composition, and at such rates as heretofore were paid for the same) rendering only such damages to the Occupier or Owner thereof, as he shall sustain by the digging and carriage thereof, to be assessed by two justices of Peace near the said Parish, in cases of difference about the same: Provided, That the pits and holes so digged, be filled up in such manner, and under such penalties as are prescribed in the Statute made in the Fifth year of Queen Elizabeth, concerning the amending of Highways. And be it further Enacted by the Authority aforesaid, What number of Horses or Oxen may be used in Carts and Carriages upon the Highways. That from and after the Nine and twentieth day of September, which shall be in the year of our Lord, One thousand six hundred sixty and two, no travelling Wagon, Wain, Cart or Carriage wherein any Burdens, Goods, or Wares are or shall be carried or drawn for hire other than such Carts and Carriages as are employed in and about husbandry and manuring of Lands, and in the carrying of Hay, Straw, Corn unthreshed, Coal, Chalk, Timber for Shipping, Materials for Building, Stones of all sorts, or such Ammunition or Artillery as shall be for His Majesty's Service) shall at any one time travel, be drawn, or go in any Common or Public Highway, or Road, with above seven Horse-beasts whereof six shall draw in pairs, and not with above eight Oxen, And what Weight. or six Oxen and two Horse-beasts; nor shall at any time carry above Twenty hundred weight, between the first day of October, and the first of May; nor above Thirty hundred weight between the first of May and the first of October (except such particulars as aforesaid) nor above five Quarters of Wheat, Meal, Messine, Rye, Pease, Beans and Tares, nor above eight Quarters of Barley, Malt or Oats, and after that proportion; nor shall any Wagon, Wain, No Wheels to be under 4. inches breadth in the Tire. Cart or Carriage for the uses aforesaid be employed, the Whéels' whereof are less in breadth then four Inches in the Tire, upon pain that every Owner of such Wagon, Wain, Cart, Carriage, Horse-beasts, or Oxen, shall forfeit for every of the said offences the sum of Forty shillings, The Penalty, and how to be disposed. to be divided into three equal parts, One part thereof to the Surveyors of the Highways of the Town, Village or Hamlet, where any of the said Offences shall be committed, to be employed in the Repairs of the said Highways; One other part to the Overséers of the poor of the Parish where any of the said Offences shall be committed, for the relief of the poor of the said Parish; and the other part thereof to him that shall discover and prosecute for any of the said offences, the said penalty to be levied by distress of all or any of the said Horse-beasts or Oxen, and to be distributed as aforesaid, by the Constable, Surveyor or Surveyors of the said Highways, Overséer or Overséers of the poor, or any of them; And in case the said penalties shall not be paid within three days after such distress, that then it shall be lawful to and for the said persons so distraining as aforesaid, to sell the same, and to restore the overplus to the Owner, the charges of keeping & selling first deducted. And be it further Enacted, That all and every the said offences shall be, The offences declared common Nuisances. All Suits upon this Act shall be laid in their proper County, and the Defendant may plead the general Issue. and are hereby declared and adjudged to be common Nuisances. And be it further Enacted, That if any Suit shall be commenced against any person, for any thing done in pursuance of this Act, that in every such case the Action shall be laid in the proper County where the fact was done, and not elsewhere; and the Defendant may plead the general Issue, and give this Act and the special matter in evidence at the Trial, and if it shall so appear to be done, or that it was not done in the County where the said Suit is commenced, that then the jury shall find for the Defendant; and in such case, as also if the Plaintiff shall be nonsuit, or discontinue his Action after the Defendant hath appeared, or if upon Demurrer, judgement be given against the Plaintiff, or if upon Trial a Verdict pass for the Defendant, the Defendant shall have his double Costs, and the like remedy for the same as any Defendant hath in any other case by Law. And be it further Enacted by the Authority aforesaid, All Moneys raised by Assessment, Issues forfeited, etc. shall be levied and employed for mending the Highways. That all sums of money so rated and assessed as aforesaid, and all charitable Gifts formerly given, or to be given, for the making, amending and keeping in repair of any common and public Highways, Pavements and Cawseys, (except as hereafter is excepted) and all Fines, Penalties, Forfeitures and other sums of money arising by Assessment, or otherwise by this Act, not otherwise by this Act disposed of, and all Issues to be forfeited for not appearing to any Information or Indictment for not repairing any Highways, or removing Nuisances out of the same, and all Fines and Amerciaments to be imposed upon any Parish, Town, Village or Hamlet, or upon any private person, for not repairing of common and public Highways, which are not otherwise disposed by this Act, shall be employed and bestowed by the said Surveyors within the respective Parishes, Towns, Villages and Hamlets, to which such charitable Gifts are given and bestowed, and within which such Assessment, Fines, Penalties, Forfeitures, Issues and Amerciaments are imposed, happened or made, in paying for Materials, Workmen's wages and for such other employments, as are hereby appointed to be done and performed, and be levied, collected, and gathered by the said Surveyors, or any of them by Warrant under the Hands and Seals of any two justices of Peace within the County, City, Riding, Town Corporate, Liberty or Limit wherein the same lieth, by distress and sale of the Goods, as is aforesaid. Accounts to be given by the Surveyors yearly of all Money raised for mending the Highways. And be it further Enacted by the Authority aforesaid, That every person so Elected, and taking upon him or them the Office of Surveyor or Surveyors, as aforesaid, shall within one month next after the expiration of the year wherein he executed the said Office as Surveyor of the Highways, make and yield up to the Inhabitants of the Parish, Town, Village or Hamlet, at some public Meeting, to be appointed by the said Inhabitants, a perfect Account in Writing under his and their Hands, of all the Moneys he or they received or paid within his or their year, for or by reason of his or their Office; namely of whom, and what received, and to whom, and what paid, and what Moneys are in arrear and unpaid, either for Assessments, Fines, Forfeitures, Penalties and charitable Gifts; and if any overplus be in his or their hands, he or they shall return and pay the same to the next Surveyors, or one of them, for the use of the Parish, Town, Village or Hamlet, to be disbursed in and about the Highways, in the following year: And if the said Surveyor or Surveyors shall not make such an Account and Payment as before, any two justices of the Peace, living near to, or in the said Parish, shall and may upon complaint unto them made, examine the business upon Oath, and upon default found in the Surveyor or Surveyors, shall and may commit him or them to the Common-Goal of that County, City, Riding, Town-Corporate, Liberty or Limit, there to remain until he hath made a true and perfect Account and Payment, as aforesaid. Who may inquire, hear and determine offences against this Act. And be it further Enacted, That all and every justices of Assize, Oyer and Terminer, and justices of the Peace, shall have power and authority, and are hereby enabled and empowered to inquire after, hear and determine all matters concerning charitable Gifts, for the making, amending and keeping in repair any Common Highways, Pavements, Streets and Cawseys within the limits of their Commission, and to make Orders therein for the due employment of such charitable gifts, according to the true intent and meaning of the Donors thereof; Except gifts to the aforesaid uses made to any College, Hall, Frée-School or Hospital, which have Visitors of their own, and also to hear and determine all offences, defaults and defects in Surveyors or others, concerning the premises. Appeal allowed to persons grieved. 43 El. cap. 4. In what cases only a Certiorari may be allowed to remove any Indictment, etc. upon this Act. Provided, That if any person be aggrieved with such Order, they shall have liberty to appeal to the Court of Chancery, as in the case of a Decree made upon the Statute of Charitable Uses. And be it further Enacted by the Authority aforesaid, That from and after the First day of May, One thousand six hundred sixty and two, no Certiorari shall be allowed to remove any Information, Indictment, Presentment, Order or other proceed in the Quarter-Sessions, of, for, or concerning any matter or thing in this Act, unless the party or parties against whom any such Information, Indictment, Presentment, Order or other proceed shall be had by virtue of this Act, shall before the allowance of such Certioraries, become bound to the person or persons prosecuting, in the sum of Forty pounds, with such sufficient sureties as the justices of Peace at their said Quarter-Sessions of the Peace shall think fit, with condition to pay unto the said prosecutors, within one month after the conviction of such parties indicted, their full costs and damages, to be ascertained upon their Oaths, and that in default thereof, it shall be lawful for the said justices to proceed to trial of such Indictments, any such Writs of Certiorari to remove the same Indictments notwithstanding. Laycock- Bridge in Com. Wilts. And whereas at a general Quarter-Sessions held for the County of Wilts, It was (at the humble Petition of the Petitioners of Laycock, and other Inhabitants of the said County) Ordered, That one ancient Bridge called Footbridge, leading thorough the said Parish, between London, Bath and Bristol, being more commodious for all Passengers than on● other Bridge in the said Parish, called Rey-Bridge, should be repaired and made passable for all Carts, Wagons and Carriages (with the Materials of Rey-Bridge) which was thereby Ordered to be taken down, which Order was accordingly put in execution in the said County and Parish; Be it therefore Enacted by the Authority aforesaid, That the said Parishioners, and all others employed by them in the pulling down the said Bridge, called Rey-Bridge, and employing the Materials thereof, as aforesaid, shall be, and are hereby indemnified from all suits, troubles, and molestations whatsoever, touching or concerning the same; and that the said Parishioners of Laycock, and other the aforesaid Inhabitants, shall not hereafter be compelled by Information or Indictment, or any other way be made chargeable with the re-building of the said Bridge, called Rey-Bridge, otherwise than for the maintaining the said Bridge sufficient for Horse and Pack, as it now stands, any Law or Statute to the contrary in any wise notwithstanding. Wildes of Surrey, Sussex, Kent. Provided likewise, and be it Enacted, That this Act shall not extend to exempt any Owner, Farmer, or Lessée of any Iron work, or other person within the Wildes of the Counties of Surrey, Sussex, or Kent, for carrying so many load of Cinder, Gravel, Stones, and other materials, or contributing such sums of money towards the amending and repairing of the Highways, as they are obliged to by any former Acts. 14 & 15 H 8. cap. 6. 39 El. ca 19 And be it further Provided and Enacted, That where the justices of the Peace of any County, at their General Quarter-Sessions, or any two of such justices, near to any Parish, Township, or Hamlet, shall be fully satisfied that the Highways and Bridges within the same, may and will be sufficiently amended and repaired, according to former usage, without the help of this Act, that then, and in such Cases only, there shall no Assessment be made within the same, for and towards their reparations, by virtue of this Act. Provided always, And be it further Enacted by the Authority aforesaid, That the justices of Peace of the County of Middlesex, in their public Sessions of the Peace, shall have power and authority to make Orders for erecting or setting up a new Bridge of Brick or Stone, fitting for the passage of Carts and Carriages, in the room and place of a Bridge now only passable for Foot and Horse, called Stratford-Bridge, in the Parish of Hillingdon, in the said County, Stratford Bridge. Hillingdon. Middlesex. or in some other more convenient place near thereunto, at the present charge of the whole County, for the erecting of the same; but to be upheld, repaired and maintained, after it be so erected, at the charge of the Lord of the Manor wherein the said Bridge now standeth, proportionable to the charge he is now at, for maintaining the Horse-Bridge, and the residue of the charge to be born by the Parishioners of the said Parish; For which purpose, the said justices of the Peace at their said public Sessions, are hereby enabled to make respective rates accordingly, so as the sum to be assessed for the erecting the said Bridge, exceed not the sum of One hundred pounds; and the said justices are to take care that the said Bridge be finished by or before the First day of August, in the year of our Lord God, One thousand six hundred sixty and three. And be it Enacted by the Authority aforesaid, Bridges to have sufficient Walls or Posts and Rails. That the said Surveyors do take care that all and every Bridge or Bridges within their respective limits, shall before the Feast of St. Michael, One thousand six hundred sixty and two, have sufficient walls or posts and rails of each side thereof, four foot high at the least; and that the said walls, or posts and pails, be from time to time kept in sufficient repair. Provided always, And be it Enacted by the Authority aforesaid, Proviso for choosing Surveyors for the year 1662. EXP. That the Surveyors of the Highways, named for the year One thousand six hundred sixty and two, shall within twenty days after the publication of this Act, proceed to do and execute all things in this Act for the said year One thousand six hundred sixty two; And where there are no Surveyors of the Highways chosen for the said year One thousand six hundred sixty two, they shall be chosen within twenty days after publication of this Act by such persons as by this Act is appointed; and being so chosen, they shall hereafter do and execute all things according to the tenor of this Act. Provided also, And be it Enacted by the Authority aforesaid, That where any Lands are let, Tenants to bear the charges of Assessments for Highways. the Tenant and Occupier thereof shall pay the Assessment, and bear all charges for the mending of the Highways, and not the Landlord, except where there is or shall be any agreement between the said Landlord and the Tenant to the contrary. Provided also, and be it further Enacted, The continuance of this Act. That the power of raising and levying money by virtue of this Act, shall continue in force for three years only, from the Five and twentieth day of March, One thousand six hundred sixty and two, and no longer, but that all other Powers and Clauses in this Act shall continue and stand in force until the end of the first Session of the next Parliament, and no longer. CAP. VII. Exportation of Leather, and Raw Hides out of the Realm of England, restrained. WHereas notwithstanding the many good Laws before this time made, and still in force, 5 E. 6. cap. 15. 6 El. cap. 22. 8 El. cap. 14. 18 El. cap. 9 prohibiting the Exportation of Leather out of this Realm, and the penalty by those Acts imposed, by the cunning and subtlety of some persons, and the neglect of others, who ought to take care thereof, there are such quantities of Leather daily exported to foreign parts, that the price of Leather is grown to those excessive Rates, that many Artificers working Leather, cannot furnish themselves with sufficient store thereof, for the carrying on of their Trades; and the poor sort of people are not able to buy those things made of Leather, which of necessity they must make use of: For redress of which griefs, Be it Enacted by the Kings most Excellent Majesty, by, and with the Advice and Consent of the Lords Spiritual and Temporal, and the Commons in this present Parliament assembled, That from and after the First day of May now next ensuing, no person or persons whatsoever shall carry or transport, or cause to be carried or transported out of England into Scotland, Ireland, or into any of the Isles belonging to this Kingdom, What Skins or Hides Tanned may not be transported. or to any parts beyond the Seas, the Skins or Hides Tanned or Vntanned of any Ox, Stéer, Bull, Cow, or Calf, otherwise, or in any other manner, then is by this present Act directed. And be it further Enacted by the Authority aforesaid, That none of the Skins or Hides aforesaid, which shall happen to be taken from any of the beasts aforesaid, within any Island whatsoever, belonging to the Kingdom of England (except Ireland) shall be transported out of that Island to any other place, but into the Kingdom of England, upon pain of forfeiture for every such offence double the value of Skins or Hides, The Penalty. so to be transported out of the said Island, or any of them, to any other place then into the Kingdom of England; the same forfeiture to be sued for and disposed as hereafter in this Act is directed. And for the better preventing of such mischiefs as are intended to be remedied by this Act, Be it Enacted by the Authority aforesaid, What Leather must be bought only in open Fairs or Markets for selling Leather. The Penalty. That all Red Tanned Leather made of the Hides or Skins of any of the Beasts aforesaid, of what kind or nature soever, shall be bought only in the open and common Fair or Market used for the putting of Leather to sale, and not in any House, Tanner's Yard, Shop, or other place whatsoever, on pain that such person or persons that shall not accordingly do the same, shall for every such offence forfeit the same Leather, or the value thereof, and the contract for the sale thereof shall be void, and all such Leather shall be Searched and Sealed, by the Searchers and Sealer's thereunto appointed, before the same be put to Sale, and upon such sale shall be Registered, and a true Entry thereof made, both by the Buyer and Seller, who are both to be present at such Registering thereof, and both their names and places of abode entered into the Book of the said Register, on pain that every such Buyer or Seller that shall not accordingly do the same, shall for every such offence forfeit the same Leather, or the value thereof, and the forfeiture shall be recovered and employed in such manner as hereafter in this Act is directed. Penalty for Transportation of any Leather or Raw-Hides. And be it further Enacted by the Authority aforesaid, That if any person or persons shall be found guilty of the Transportation of any Leather, or Raw Hides of any of the Beasts aforesaid, (excepting such Calve-skins, and Shéep-skins, dressed without the Wool, as by Law may be Transported) contrary to the provision of this Act, he shall from thenceforth be disabled to Trade, or Deal in Leather for the future, and shall for every such offence forfeit the sum of Five hundred pounds, to be sued for, and disposed as hereafter in this Act is directed. Provided nevertheless, That this Act, or any thing therein contained, shall not extend to the Prohibiting the Transportation of any Leather made into Boots, 5 E. 6. cap. 15. 1 Mar. cap. 8. Parl. 2. Quaere, If those two Statutes be Repealed by this Proviso. Who may search and seize Leather or Hides intended to be Transported. Shoes, or Slippers, but that the same may be Transported, Any thing in this Act contained to the contrary notwithstanding. And be it further Enacted by the Authority aforesaid, That it shall and may be lawful to, and for the respective Masters and Wardens of the Cordweyners, Sadlers, Girdlers, and Curriers of the City of London, and their Deputies, and all Customers, Comptrollers, Farmers of Customs, Supervisors, Searchers, and other Officers belonging to the Customs, and to and for all justices of the Peace, Mayor, and chief Officers of Corporations within this Realm, Dominion of Wales, or Town of Berwick upon Tweed, from time to time, as well by Land as Water, to Search for, and seize any Leather, or Raw Hides wrought, or unwrought, cut or uncut, packed up, or unpacked, intended or purposed to be Transported by any person or persons into any parts beyond the Seas, or into Scotland, other than Calves-skins, and Shéep-skins, as aforesaid. Shaving of Leather by Tanners. And whereas divers Tanners do shave, cut, and rake their upper-leather Hides all over, and the necks of their backs, and butts, to the great impairing thereof, and the extreme prejudice of the Kingdom; Be it therefore Enacted by the Authority aforesaid, That every Tanner, who after the Nine and twentieth day of September, in the year of our Lord, One thousand six hundred sixty and two, The Penalty. shall commit any such offence, as aforesaid, shall forfeit all the said Leather, Backs, Butts, or Calve-skins, so shaved, cut or raked, or the value thereof, and it shall be lawful for the Searchers and Sealer's of Leather to seize the same. Leaden-Hall, London. And be it further Enacted, That the Market for Leather in Leaden-Hall in London, shall be kept on the Tuesday, as now it is, Any Law, Usage or Custom to the contrary in any wise notwithstanding. How the Penalties shall be recovered. And be it further Enacted by the Authority aforesaid, That all the penalties and forfeitures, and every sum and sums of money for any offence, or offences herein before mentioned, shall be recovered by Action of Debt, Bill, Plaint, Information, to be brought for the same in any Court or Courts at Westminster, or in any Court or Courts of Records in the City, Town, County, or place where the said offence shall be committed, wherein no Wager of Law, Protection or Essoign, shall be admitted, neither shall the same be removed out of the said County, City, or Town-Corporate, the one half of the said forfeitures to be to the use of the King's Majesty, his Heirs and Successors, and the other half thereof to the use of the Informer or Informers, that shall sue for the same. Transportation of Leather declared a common Nuisance. Leather for necessary use of Ships in Voyages. Artificers dealing in cutting of Leather in London, or within three miles thereof. Provided also, and be it Enacted, That all such Exportation, or Transportation of any Hides or Leather, contrary to this Act, is hereby adjudged, and declared to be a common and public Nuisance. Provided nevertheless, That this Act shall not extend, or be construed to prohibit the carrying or conveying of any such Hides or Leather which shall be used, or employed for the necessary use, or provision of any Ship or Vessel in any Voyage beyond the Seas, and which shall not be sold in any foreign parts, so as the number do not exceed Six Raw Hides, and Three Tanned Hides. Provided always nevertheless, And be it further Enacted by the Authority aforesaid, That all and every Artificer dealing in cutting of Leather, or other person or persons whatsoever, which shall hereafter buy any Red Tanned Leather within the City of London, or three miles thereof, shall before the next Market-day within the said place for sale of Leather, give Notice thereof to one or more of the Company of Curryers' then exercising and using the Art and Mystery of a Currier within the said City of London, and three miles thereof, and within three weeks after such notice shall deliver, or cause to be delivered the said Leather so bought, except such part thereof as shall be used for Sols without being curried, tallowed, or dressed, unto the said Currier, or Curryers', to whom such notice was given, to the intent that the same may be curried, tallowed, or otherwise dressed, as is directed and appointed by one Act made in the First year of King James, 1 Jac. cap. 22. Chapter twenty second, touching the Duty of Tanners, Curryers'. Shoemakers and others, upon penalty of the forfeiture of Six shillings eight pence for every Back, But, Hid, or Calves-skin so bought, and not delivered as aforesaid, for the uses, and to be recovered as aforesaid. And whereas it is Enacted amongst other things, Leather used in London, or within three miles, to be searched and allowed by the Wardens of the Curriers there. The Penalty. by the said Act made in the First year of King James, That no person or persons shall by any means occupy, or put in any Made-wares within the City of London, or three miles of the same City, any Curried Leather before the same shall be searched, and allowed by the Wardens of the Curryers' of London for the time being, or such persons as they shall thereto assign, and be Sealed with a Seal therefore to be prepared, upon pain that every Shoemaker and other Artificer, Cutter of Leather offending against that Article, should forfeit for every Hide, or Skin otherwise curried or employed as is aforesaid, Six shillings eight pence, and the value of every such Hide or Skin; Be it therefore further Enacted by the Authority aforesaid, That the Master and Wardens of the Company of Curryers' for the time being, or such persons as they shall thereto assign, shall from time to time, and at all seasonable times in the day time, enter into any Warehouse, Shop, Cellar, or other place within the said City of London, or three miles of the same City, belonging unto any of the said Cordwainers, Saddlers, Girdlers, or other person or persons being Artificers, dealing in cutting Leather, and in the presence of any two or more of them to search for, and seize all such Leather intended to be Prohibited to be used by the said Clause, Branch or Article as aforesaid, as also for all Wares made of such Leather; and if any such person or persons, Artificers or Dealers as aforesaid shall oppose, Penalties for opposing the Search. or refuse to permit the said Master and Wardens of the Company of Curriers, or such persons as they shall thereto assign, to make any such search or seizure 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 Soldiers, who have faithfully served His Majesty, and His Royal Father in the late Wars. FOrasmuch as divers of His Majesty's Loyal and Faithful Subjects, who out of the sense of their Duty and Allegiance to his Majesty's Royal Father of ever Blessed and Glorious Memory, and to His Majesty that now is, have during the late Wars, wherein they have been Employed both by Sea, and Land, as Officers, Soldiers, and Mariners in the said Service, exposed themselves to the utmost hazard of their Lives, loss of their Limbs, and utter ruin 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 been slain in the said Service. And to the end that such as have been 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 Majesty's Royal Person and Government, may not pass 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 Majesty's 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 been rated by virtue of a Statute made in the Forty third year of Queen Elizabeth, Chapter the third, 43 El. cap. 3. concerning the Relief of Mariners and Soldiers, 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 Majesty's justices 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 meet to be Assessed upon every Parish or Chappelry, that hath distinct Parochial Officers, so as the said additional sum exceed not the sum of Two shillings and six pence, nor be under the sum of Three pence, each week, 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 Queen Elizabeth is Enacted and Declared; And to be paid to the Treasurers for the Maimed Soldiers, Treasurer for Maimed Soldiers. appointed by the justices of the County, or Liberty, by virtue of this Act, and the Statute of Queen 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; officers, ●●●ldiers or ●●●triners Maimed or indigent, how to be relieved. That every Officer, Soldier, 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 Usurped 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 settled, 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 justices of the Peace in the County where such his Settling was; And the said two justices, upon the Examination of the Truth of such Certificate (which the said two justices are hereby empowered 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 justices, 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 justices 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. Widows and Orphans of Soldiers. 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 settled, who are hereby required to have them in special regard) the Treasurers for the Maimed Soldiers for such County, shall allow such further Relief from time to time, as shall be adjudged meet by the two next justices 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 justices shall be directed, and according to the Statute aforesaid. Treasurers, High-Constables, etc. to be called to Account for Moneys received. And be it further Enacted by the Authority aforesaid, That the justices of Peace in every County, or Liberty, or any two of them, shall forthwith call all such Treasurers, High-Constables, Petty-Constables, or other persons which have formerly been Entrusted with the Receipt, Collecting, or Disposing of any such sum of Money charged upon any Parish by virtue of the Statute aforesaid, and whereof no account hath been 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 virtue of the said Statute, or to be appointed by virtue 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 virtue hereof, until Easter Sessions following. The continuance of this Act. Provided, That no Pension to be given, or assigned by Authority hereof, shall exceed 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 settled upon His Majesty, His Heirs and Successors, for the better support of His and their Crown and Dignity. The great concernment of proportioning the Public Revenue, to the Charges and Expenses. FOrasmuch as nothing conduceth more to the Peace and Prosperity of a Nation, and the Protection of every single person therein, then that the Public Revenue thereof may be in some measure proportioned to the Public Charges and Expenses; We therefore Your Majesty's most Loyal and Obedient Subjects, the Commons assembled in Parliament, having duly considered the Premises, do give and grant unto your most Excellent Majesty, Your Heirs and Successors, the Rates and Duties herein after mentioned, and do most humbly beseech 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, Colleges, 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 than 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 pa●ment to the King's Majesty, Every Firehearth and Stove charged with the yearly payment of 2 s. to the King, his Heirs and Successors. his Heirs and Successors for every Firehearth, 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 Archangel, and the Feast of the Annunciation of the Blessed Virgin St. Marry, by even and equal portions; the First payment thereof to be paid upon the Feast-day of Saint Michael the Archangel, 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 Account 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 days 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 Colleges, 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, Colleges, 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 days after notice in writing, fixed 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 daytime, and compare such Accounts, and see 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 week 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 falsely 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 justices 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 Accounts of Hearths and Stoves shall be enroled and duplicates thereof, by the justices of the Peace. That the said justices of Peace shall cause all the said Accounts of the several Hearths and Stoves within the respective Counties, to be Enrolled by the Clerk of the Peace of the said respective Counties, Ridings in Yorkshire, and Divisions in Lincolnshire, and also a Duplicate thereof in Parchment, under the Hands and Seals of three or more of the justices of Peace of the respective Counties and places aforesaid, who are hereby required to sign the same to be returned into his Majesty's Court of Exchequer within one month next after such account delivered unto them at their respective Quarter-Sessions aforesaid, upon pain that the Clerk of the Peace of every such County, Riding or Division respectively offending therein, shall forfeit to his Majesty, his Heirs and Successors, the sum of Two hundred pounds for the first month; and for the second month he shall so neglect, every such Clerk of the Peace shall forfeit and lose his or their place and office, and the same shall become void accordingly; which forfeiture and penalty shall be recovered and levied as this Act directs. And to the intent that the Revenue hereby arising to his Majesty, How the Moneys arising shall be collected, received and paid into the Exchequer. may from time to time be paid into his Exchequer with as little charge as may be; Be it Enacted by the Authority aforesaid, That the respective Treasurers, and other Officers of the Inns of Court, Inns of Chancery, Colleges, and other Societies aforesaid, within their respective jurisdictions, and the several Petty-Constables, Tithing-men, Head-boroughs, and such other Officers within the respective Limits, Liberties and jurisdictions, shall every half year, within Six days after the said duty shall grow due, as aforesaid, collect, gather, and receive the same from the several Occupiers of the said Hearths and Stoves, and upon payment thereof; shall give several Acquittances (without taking any thing for such Acquittances) unto the several persons who shall pay the same: And that such Acquittances shall be a full and perfect discharge to every such person who shall pay the same, against His Majesty, His Heirs and Successors; so that no person who shall have such Acquittance, shall be molested, sued or vexed, or put to any charge in His Majesty's Court of Exchequer or else where. Distress and sale of goods in default of payment. And be it further Enacted by the Authority aforesaid, That in case any person who is hereby charged, or intended to be charged to pay any sum or sums of money as aforesaid, shall refuse or neglect to pay the same, that then every person or persons who is hereby Authorized to collect the same, shall and may levy the same by distress and sale of the goods of the person and persons so refusing or neglecting, rendering unto the said person and persons the overplus of such money as shall remain in their hands by the said sale, after the said duty and necessary charges of levying the same is discharged as aforesaid. The duty of Constables, Treasurers, and Officers impowered to Collect the said duties. And be it further Enacted by the Authority aforesaid, That the aforesaid Constables, Treasurers, and other Officers, who are hereby Authorized to collect the aforesaid duties, shall within Twenty days next after the aforesaid times at which the said duties shall be due to His Majesty, as aforesaid, pay unto the High Constables of the several Hundreds and respective Limits, all such money as they shall receive for the aforesaid duties, receiving an Acquittance without paying any thing for the same, The allowance for Collecting. and deducting Two pence in the pound for their pains in collecting the same; And shall also then in writing under his hand, deliver unto the said High Constable, the names of the persons of whom they receive the same, and also the names of such persons who ought to have paid the respective duties yearly charged upon them, and have not paid the same, where no distress can be had. Within what time the money ought to be paid to the High Sheriff. And be it further Enacted, That the High Constables of the several hundreds and respective limits, shall within ten days next after their several receipts from the said Constables, Headboroughs, Tithingmen, and other Officers, pay unto the High Sheriffs of every County; all such money as they shall so receive, deducting a penny in the pound for their pains, and shall also then deliver or cause to be delivered unto the said High Sheriffs, the several returns which they received from the Constables, and other Officers aforesaid; And when the High Sheriff ought to pay the same into the Exchequer. And the respective Sheriffs shall within thirty days after he or they shall receive the said moneys from the respective Collectors, return the same, together with the names of such persons who are defaulters, and had no distress to be found, into His Majesty's Court of Exchequer, deducting Four pence out of every Twenty shillings, and so after that rate; whereof Three pence to be for the Sheriffs own use, as a reward of his pains in receiving and returning the same; and One penny to be paid by the Sheriff to the Clerk of the Peace, for his pains, to be recovered by the said Clerk of the Peace by Action of Debt. London. Middlesex. Provided always, and be it Enacted, That the High Sheriff of London and Middlesex for the time being, for London and so much of the County of Middelsex as lies within the Bills of Mortality, other than the Inns of Court and Chancery; and the High Sheriff of Surrey for the time being for the Burrow of Southwark, Surrey. Southwark. and all other Sheriffs of any other City or Town, being a County of itself, for such Cities and Towns respectively, shall be, and are hereby made Collectors of, and for the several duties arising within their several and respective limits; For which end and purpose, and in those places only, the Constables, Tithingmen, Headboroughs and other Officers shall deliver unto the Sheriffs of the Cities and places aforesaid, Duplicates of the same Accounts of Hearths and Stoves, which the said Constables, Headboroughs, Tithingmen, and other Officers are appointed by this Act to take from time to time, and to deliver to the justices of Peace to be Enrolled as aforesaid; And the said Sheriffs of the Cities and places last before mentioned, are hereby enabled to levy the said duties, and required to give Acquittances without any Fees, as fully and amply to all intents and purposes as in this Act is appointed to be done by any other Collectors; And the said Sheriffs shall, from time to time within Forty days after the said Duties shall be payable by virtue of this Act, make payment of all the moneys levied, into His Majesty's Exchequer, with a perfect List of the names of such persons as shall make default of payment, where no distress can be found to be taken; Any thing in this Act to the contrary notwithstanding. And the said Sheriffs shall deduct out of their payments Four pence in the pound; whereof Three 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 Majesty's Officers in his said Court of Exchequer, shall discharge all such persons who paid their respective Duties without taking any Fees 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 virtue 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 Majesty's 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 enjoined 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 joined 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 judgement pass against him, Triple Costs to the Defendants. the Defendant shall recover triple 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 enrolled 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, Arrearages not to be charged or sued for, but within 2 years' next after they become due. or brought to account for the Arrearages of any Duty, or Arrearages of Revenue raised by this Act, unless the said Suit shall commence within two years, and be brought to a judgement 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 Churchwardens 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 certify their belief, that the house wherein any person doth Inhabit is not of greater value than of Twenty shillings per annum, upon the full improved Rent; And that neither the person so Inhabiting, nor any other using the same Message, 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 justices of Peace, and allowed (for which Certificate and allowance no Fee 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 etc. bodies Politic or Corporate, shall at any time hereafter procure or accept of from the King's 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 virtue of this Act, that then such person or body Politic or Corporate, procuring or accepting the same, shall forfeit double the value of such Pension, Gift, or Grant; The one moiety 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 Churchwardens, the other moiety 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 exceed 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. Provided also, That no person or persons Indebted for any the Duties aforesaid, shall thereby be privileged as a Debtor or Debtors to His Majesty, His Heirs or Successors, No privilege to sue in the Exchequer. Nor assign a Debt to the King. to sue any person or persons in the Court of Exchequer, or to assign any Debt to His Majesty, His Heirs or Successors, towards satisfaction of the same, 15 Car. 2. ca 13. 16 Car. 2. ca 3. CAP. XI. Frauds, and abuses in His Majesty's Customs prevented and Regulated. 12 Car. 2. cap. 19 FOrasmuch as it appears, that several unlawful and indirect means and devices are daily put in practice, to Export and Import Goods and merchandizes prohibited by the Laws and Statutes of this Kingdom; as also to defraud the Kings most Excellent Majesty of His Deuce, Customs, and Subsidies, as well by secret and deceitful designs, as by open force and violence used against the King's Majesty's Officers, employed in the Affairs of the Customs; For the better preventing of which frauds and violences in time to come, It is Enacted and Ordained by the Kings most Excellent Majesty, by, and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons in Parliament assembled; and be it Enacted and Ordained by the Authority thereof, That no Ship or Vessel, arriving from the parts beyond the Seas, Ships and Vessels arriving from beyond the Seas at Grave-end. shall be above three days coming from Gravesend to the place of her discharge (within the River of Thames) without touching or staying at any Wharf, Key, or place adjoining to either Shoar between Gravesend and Chesters-Key (unless apparently hindered by contrary Winds, Draught of Water, or other just impediment to be allowed by such person or persons as are or shall be appointed by His Majesty for managing the Customs, the Collectors Inwards, or other principal Officers of the Customs) and then, or before the Master or Purser (for that voyage) of such Ship or Vessel, shall make a just and true Entry upon Oath of the Burden, Contents, and Lading of every such Ship or Vessel, True Entries of Lading to be made upon Oath. with the particular Marks, Numbers, Qualities, and Contents of every parcel of Goods therein Laden, to the best of his knowledge; also where, and in what Port she took in her Lading, of what Country built, how manned, who was Master during the Voyage, and who are Owners thereof; and in all Out-Ports or Members, to come directly up to the place of Unlading, The Penalty as the condition of the Port requires, and will admit, and making Entries as aforesaid, upon the penalty of the forfeiture of One hundred pounds. And be it further Enacted by the Authority aforesaid, That no Captain, Master, Purser, or any other person or persons taking charge of any Ship or Vessel bound for the parts beyond the Seas, The duty of Captains, Master and others taking charge of Ships and Vessels bound for parts beyond the Seas. or into the Kingdom of Scotland, whether the same Ship or Vessel shall have Commission from, or belong unto the King's Majesty that now is, His Heirs or Successors, or shall belong to, or have Commission from any foreign Prince or State, or otherwise, shall take in or suffer to be taken into, or laden aboard any such Ship or Vessel, any English Goods, Wares, or Merchandise, to be Exported into the parts beyond the Seas, or into the Kingdom of Scotland, until such Captain, Master, Purser, or other person as aforesaid, shall have entered such Ship or Ships in the Book of the Commissioners, To take in no English goods till Entry thereof be made at the Custom-house. Customer or Collector and controller Outwards of such Port where he shall Load or take in Goods, together with the Name of such Captain or Master, the Burden of such Ship or Vessel, the Number of Guns and Ammunition she carries, and to what Port or Place she intends to pass or Sail, and before he or they shall departed with his or their Ship or Vessel out of such Port or Place, shall bring and deliver unto the said person or persons, which are or shall be appointed by His Majesty for managing the Customs, the Customer or Collector and controller of such Port or Place, a Content in Writing under his or their Hands, of the Names of every Merchant, and other person or persons that shall have laden and put on Board any such Ship or Vessel, any such Goods or Merchandise, together with the Marks and Numbers of such Goods and Merchandise, and shall likewise publicly in the open Custom-house, upon his Corporal Oath, to the best of his knowledge, have answered to such question or questions, as shall be demanded of him by the said person or persons which are or shall be appointed by His Majesty for managing the Customs, the Customer or Collector and controller, or their Deputies concerning such Goods and Merchandise as shall be aboard such Ship or Vessel, upon pain of Forfeiture of One hundred pounds; Ships or Vessels of War bringing goods. And that no such Captain, Master, Purser, or other person or persons, taking charge of any Ship or Vessel of War, as aforesaid, wherein any Goods, Wares or Merchandizes shall have been laden or brought from the Ports beyond the Seas, or out of the Realm of Scotland, shall unload, or put on board any Lighter, Boat or Bottom, or lay on land, or suffer to be discharged or put into any Lighter, Boat or Bottom or to be laid on land out of any Ship or Vessel as aforesaid, any Goods, Wares or Merchandise whatsoever, before such Captain, Master, Purser, or other person taking charge of the Ship or Merchant's Goods for that Voyage as aforesaid, shall have signified and declared in writing under his or their Hands, unto the person or persons which are or shall be appointed by his Majesty for managing the Customs, the Customer or Collector, and controller Inwards of the Port where he arriveth, the Names of every Merchant or Lader of any Goods or Merchandizes aboard the said Ship or Vessel, together with the Number and Marks, and the quantity and quality of every Parcel of Goods and Merchandizes to the best of his knowledge, and shall have answered upon his or their Corporal Oath, to such Questions concerning such Goods and Merchandizes, as shall be publicly administered unto him in the open Custom-house by such person or persons which are or shall be appointed for Managing the Customs, Customer or Collector and controller, or their Deputies, and shall be liable to all Searches and other Rules which Merchants Ships are subject unto, by the usage of his Majesty's Custom-house (victualling Bills and Entering excepted) upon pain to forfeit One hundred pounds, and upon refusal to make such Entries as aforesaid, as well Outwards as Inwards the said person or persons which are or shall be appointed for managing the Customs, and Officers of His Majesty's Customs, and their Deputies, shall and may freely enter and go on board all and every such Ship or Vessel of War, and bring from thence on shore into His Majesty's Storehouse belonging to the Port where such Ship shall be, all Goods and Merchandizes prohibited or uncustomed, which shall be found aboard any such Ship as aforesaid. And be it hereby also Enacted, The power of Officers for managing the Custom to enter and search Ships and Vessels. That the said person or persons which are or shall be appointed for managing the Customs, and Officers of His Majesty's Customs, and their Deputies, are hereby Authorized and enabled to go and enter aboard any Ship or Vessel, as well Ships of War as Merchant Ships, and from thence to bring on shore all Goods prohibited or uncustomed, except jewels, if they be Outwards bound; and if they be Ships or Vessels Inwards bound, from thence to bring on shore into His Majesty's Storehouse, as aforesaid, all small Parcels of Fine Goods or other Goods which shall be found in Cabins, Chests, Trunks, or other small Package, or in any private or secret place, in, or out of the Hold of the Ship or Vessel, which may occasion a just suspicion that they were intended to be fraudulently conveyed away; And all other sorts of Goods whatsoever, for which the Duties of Tonnage & Poundage were not paid or Compounded for with in Twenty days after the first Entry of the Ship, to be put & remain in the Storehouse aforesaid, until His Majesty's Duties thereupon be justly satisfied, unless the said person or persons which are or shall be appointed by His Majesty for managing the Customs, and Officers of the Customs, shall see just cause to allow a longer time, and that the said person or persons, which are or shall be so appointed to manage the Customs, and the Officers of the Customs, and their Deputies, may freely stay and remain aboard until all the Goods are delivered and discharged out of the said Ships or Vessels; And if any Master, Purser, or Boatswain, or other taking charge in any Ship or Vessel, or any other person whatsoever shall suffer any Truss, Bale, Pack, Fardel, Cask, or other Package to be opened aboard the said Ship or Vessel, and the Goods therein to be embezzled, carried away, or put into any other Form or Package, after the Ship comes into the Port of her discharge, in every such case the said Master, Purser, Boatswain, or others, shall forfeit the sum of one hundred pounds. And be it further Enacted by the Authority aforesaid, That in case, Goods concealed in any Ship after clearing. after the clearing of any Ship or Vessel, by the person or persons which are or shall be appointed by His Majesty for managing the Customs, or any their Deputies, and discharging the Watchmen or Tidesmen from attendance thereupon, there shall be found on board such Ship or Vessel, any Goods, Wares or Merchandizes, which have been concealed from the knowledge of the said person or persons, which are or shall be so appointed to manage the Customs, and for which the Custom, Subsidy, and other Duties due upon the Importation thereof, have not been paid, than the Master, Purser, The Penalty. or other person taking charge of such Ship or Vessel, shall forfeit the sum of One hundred pounds. And it shall be lawful to or for any person or persons, authorized by Writ of Assistance, under the Seal of His Majesty's Court of Exchequer, to take a Constable, Headborough, or other Public Officer inhabiting near unto the place, and in the day time to enter, and go into any House, Shop, Cellar, Warehouse or Room, or other place, and in case of resistance, to break open Doors, Chests, Trunks, and other Package, there to seize, and from thence to bring any kind of Goods or Merchandise whatsoever, prohibited and uncustomed, and to put and secure the same in His Majesty's Storehouse, in the Port next to the place where such seizure shall be made. And for the better increase of Shipping and Navigation, Be it further Enacted, An account to be given of all foreign Ships in all Ports of England. That the Collectors, and other Officers of His Majesty's Customs, in all the Ports of England, shall forthwith give an account unto the Collectors and Surveyor in the Port of London (appointed by His Majesty for all Duties and Matters relating to a late Act Entitled, An Act for increasing and encouraging of Shipping and Navigation,) of all Foreign built Ships in their Ports, 12 Car. 2. cap. 18. owned and belonging to the people of England, of what built and burden they are, for which Certificates have been made according to the said Act, and that the said Collector and Surveyor shall make a true and perfect list of all such Ships, attested under their hands, and transmit the same into his Majesty's Court of Exchequer, on, or before the month of December, in the year 1662. there to remain upon record. And that no Foreign built Ship (that is to say) not built in any of his Majesty's Dominions of Asia, Africa, or America, Foreign built Ships not to have the privilege of Ships belonging to England or Ireland. or other than such as shall (bona fide) be bought before the First of October 1662. next ensuing, and expressly named in the said List, shall enjoy the privilege of a Ship belonging to England or Ireland, although owned or manned by English (except such Ships only as shall be taken at Sea by Letters of Mart or Reprisal, and condemnation made in the Court of Admiralty, as lawful Prize) but all such Ships shall be deemed as Aliens Ships, and be liable unto all Duties that Aliens Ships are liable unto by virtue of the said Act for increase of Shipping and Navigation. And whereas it is required by the said Act, that in sundry cases the Master and three fourth's of the Mariners are to be English, it is to be understood, that any of his Majesty's Subjects of England, Ireland, and his Plantations, are to be accounted English, and no others, and that the number of Mariners be accounted according to what they shall have been during the whole Voyage. And whereas of late some of the persons appointed by His Majesty for managing the Customs, and the Officers of the Customs and their Deputies, have been hindered, affronted, abused, beaten, and wounded to the hazard of their lives, in the due execution of their several trusts & services in their respective places, by armed companies and multitudes of men, and goods prohibited and uncustomed have by force & violence, as well by Land as by Water, been forcibly carried and conveyed away, Be it Enacted by the Authority aforesaid, That where any Officer or Officers shall be by any person or persons armed with Club, The punishment for beating or abusing Officers of the Customs. or any manner of Weapon, forcibly hindered, affronted, abused, beaten or wounded, as aforesaid, either on board any Ship or Vessel; or upon the Land or Water, in the due execution of their Office, all and every person and persons so resisting, affronting, abusing, beating or wounding the said Officer or Officers or their Deputies, or such as shall Act in their aid or assistance, shall by the next justice of Peace, or other Magistrate, be committed to Prison, there to remain till the next Quarter-Sessions: And the justices of the Peace of the said Quarter-Sessions, shall, and are hereby impowered to punish the Offender by Fine, not exceeding One hundred pounds, and the Offender is to remain in Prison till he be discharged by Order of the Exchequer, both of the Fine and of the Imprisonment, or discover the person that set him on work, to the end he may be legally proceeded against. No goods to be Water-born or landed but in the presence of some Officer of the Customs. And be it further Enacted by the Authority aforesaid, That if any Wharfinger, or Keeper of any Wharf, Crane, Key, or their servants or any of them, shall take up or land, or knowingly suffer to be taken up, or landed, or shall Ship off or suffer to be Water-born, at or from any of their said Wharves, Cranes, or Keys, any Goods, Wares or Merchandise prohibited, or whereof any Custom, Subsidy, or other Duties are due and payable unto the King's Majesty, without the presence of some of the Officers of His Majesty's Customs thereunto appointed, or at hours and times not appointed by Law (except in the Port of Hull, 1 Eliz cap. 11. as in the Statute of the First year of Queen Elizabeth, Chapter the eleventh, is excepted, & not otherwise) or Goods passing by Certificates, Waste-Cockquet, The Penalty or otherwise without the presence or notice given to one or more of His Majesty's Officers, That in every such case all and every such Wharfinger and Keeper of such Wharfe, Crane or Key, shall forfeit and pay the sum of One hundred pounds; And if any Goods or Merchandise shall be Laden or taken in from the Shore, into any Bark, Hoy, Lighter, Barge, Wherry or Boat, to be carried aboard any Ship or Vessel Outwards bound for the parts beyond the Seas, or Laden, or taken in, from or out of any Ship or Vessel coming in and arriving from foreign parts, without a Warrant, and presence of one or more Officers of the Customs, such Bark, Hoy, Lighter, Barge, Boat or Wherry shall be forfeited and lost, and the Master, Purser, Boatswain, or other Mariner of any Ship Inward bound, knowing and consenting thereunto, shall forfeit the value of the Goods so unshipped; And further, That in case any Car-man, Porter, Waterman, or other person or persons whatsoever shall assist in the taking up, landing, shipping off, or carrying away any such Goods, Wares or Merchandizes, that then such Carman, Porter, Waterman or other person or persons so offending being apprehended by Warrant of any justice of the Peace for that County, City or Borough which the said justices, & every of them are hereby Authorized to issue, and to examine Witnesses upon Oath concerning such fact, and the same being proved by the Oath of Two Witnesses, the said Offenders for such first Offence shall and may by such justice of the Peace be committed to the next Gaol, there to remain till he and they find sufficient Surety to be of the good behaviour for so long time, until he & they shall be thereof discharged by the Lord Treasurer, Chancellor, under-treasurer or Barons of the Exchequer; And in case he or they so convicted, shall afterwards at any time offend in the like kind, than he and they shall and may by any justice of the Peace as aforesaid, be committed to the next Gaol, there to remain for the space of Two Months without Bail or Mainprize, or until he shall pay unto the Sheriff of that County the sum of Five pounds for the use of His Majesty, or until he shall by the Lord Treasurer, Chancellor or under-treasurer or Court of Exchequer be thence discharged. Be it further Enacted by the Authority aforesaid, That if any Goods, Wares, or Merchandizes, shall be shipped or put on Board to be carried forth to the open Sea from any one Port, Goods carried from one Port to another in England or Wales. Créek or Member in the Kingdom of England, Dominion of Wales, or Port, and Town of Berwick, to be landed at any other place of this Realm, without a Sufferance or Warrant first had and obtained from the said person or persons, which are or shall be appointed for managing the Customs, and Officers of his Majesty's Customs, all such Wares and Merchandizes shall be forfeited and lost, and that the Master of every Ship or Vessel that shall lad or take in any such Goods, Wares, or Merchandizes, in any Port, Member or Créek within this Kingdom of England, Dominion of Wales, or Town and Port of Berwick, to be landed and discharged in some other Port, Member or Créek of the said Kingdom of England, Dominion of Wales, or Town and Port of Berwick, shall before the Ship or Vessel be removed or carried out of the Port (where he shall take in his lading,) take out a Cocquet or Cocquets, and become bound to the King's Majesty with good Security, in the value of the Goods, Wares and Merchandizes aforesaid, for Delivery and Discharge thereof in the Port or place for which the same shall be entered as aforesaid, or in some other Port or place within the said Kingdom of England, Dominion of Wales, or Port and Town of Berwick, and (the dangers and accidents of the Seas excepted) to return a Certificate within Six months after the date of such Cocquet and Cocquets, under the Hands and Seals of the King's Majesty's Officers, Signed also by some of the said person or persons, which are or shall be appointed by His Majesty for managing the Customs, or their Deputy or Deputies, in every respective Ports, Members, or Créeks where the same shall be landed and discharged, to His Majesty's Officers of the Customs to whom such security hath been given as aforesaid, that such Goods, Wares and Merchandizes were there landed and discharged accordingly, Officers of any Port making false certificate. upon the penalty of the forfeiture of the Bond and Security aforesaid. And be it hereby further Enacted, That if any Officer of any Port, Member or Créek, shall grant or make any false Certificate of any Goods or Merchandizes which should have been landed out of any Ship or Vessel, That such Officer shall lose his Employment, and moreover forfeit the sum of Fifty pounds, The Penalty. and suffer one years' Imprisonment without bail or mainprize, and be incapable of serving his Majesty in any place of Trust concerning his Customs, and be further liable to such Corporal punishment as the Court of Exchequer shall think fit; Counterfeiting Cocquets, Certificates, etc. The penalty. And if any person whatsoever shall Sergeant Raze, or Falsify any Cocquet, Certificate or Return, Transire, Let-pass, or any other Custom-house Warrant, he shall forfeit One hundred pounds, and the Cocquet, Certificate, or Return shall be invalid and of none effect; and if any Goods, Wares or Merchandizes brought or coming into any Port, Haven, or Créek within the Kingdom of England, Dominion of Wales, or Port and Town of Berwick, from any other Port, Haven, or Créek within the Kingdom of England, or Dominions aforesaid, by Port, Cocquet, Transire, Let-pass, or Certificate, in Ships or Vessels shall be landed or put on shore before such Cocquet, Transire, Let-pass, or Certificate shall be delivered to such Person or Persons, which are or shall be appointed by his Majesty for managing his Customs, the Customer or Collector, and controller of the Port or Place of their Arrival, or to their Deputy or Deputies, and a Warrant or Sufferance made and given from such person or persons, Customer, or Collector and controller, or their Deputy and Deputies aforesaid, for the landing and discharging thereof. And be it further Enacted by the Authority aforesaid, That if any Goods, Wares, Goods secretly conveyed beyond Sea uncustomed, and undiscovered by the officers. or Merchandizes, for which the Duties of Subsidy or Custom are due and payable to the King's Majesty, shall be secretly conveyed on Board any Ship or Vessel before the Custom and Subsidy thereof be duly answered and paid, and shall escape the discovery thereof by the Officers of the Customs, or others, and be carried into the parts beyond the Seas; in such case the Owners or Proprietors of such Goods, Wares, or Merchandizes, or other person or persons who shall have so shipped or caused the same to be shipped and transported, shall forfeit the double value of the Goods, The penalty. computed according to the Book of Rates, Except for Coal, which so secretly Exported as aforesaid, shall pay double the Custom and Duty, to be Collected and Levied in such manner as by the Act of Tonnage and Poundage is directed and appointed. Be it further Enacted by the Authority aforesaid, For preventing frauds in louring strangers goods. That for preventing of frauds in colouring of strangers Goods, and otherwise, every Merchant or other, passing any Goods, Wares or Merchandizes, Inwards or Outwards, shall by himself, or his known servant, Factor or Agent, subscribe one of his Bills of every Entry, with the mark, number, and contents of every parcel of such Goods as are rated to pay by the piece or measure, and weight of the whole parcel of such Goods as are rated to pay by the weight, without which, the Officers of the Customs shall not suffer any Entry to pass; And that no children of aliens under the age of Twenty one years be permitted to be Traders, or any Goods or Merchandizes to be entered in their names. Be it also hereby Enacted, That upon any Actions, There shall be no party jury in actions or suits concerning customs. Suits and Informations that shall be brought, commenced, or entered upon any Law or Statute concerning the King's Majesty's Subsidies of Tonnage and Poundage, or Ships or Goods to be forfeited by reason of unlawful Importation or Exportation, there shall not be any Party jury, but such only as are the natural and frée-born Subjects of the King, his Heirs or Successors. And whereas allowances given to Merchants and others for defects and damages upon Goods, Allowances for defects and damages in goods, how to be made. and Five per centum generally upon all Goods Imported, and Twelve per centum upon Wines, every Merchant or others having the aforesaid allowances inwards, shall in person upon Oath by himself, or by his known Servant or Factor, demand and receive the moneys due upon Debenturs for such foreign Goods Exported by such Certificate, with such abatements and allowances as were made and given to him upon the Importation; and if he be found fraudulently to ship out less in quantity or value than is expressed in his Certificate, the Goods therein mentioned, or the value thereof shall be forfeited; and the Owner or Merchant shall lose the benefit of receiving back any part of the Subsidy for those Goods; and if any Goods shipped out by Certificate as aforesaid, shall be landed again in the same, or any other Port or Place within the Kingdom of England, Dominion of Wales, and Town and Port of Berwick, (unless in case of Distress to save the Goods from perishing, which shall be presenly made known to the Person or Persons which are or shall be appointed by His Majesty to manage His Customs, and Principal Officers of the Port) no allowance shall be demanded or made for those Goods, and the said Goods, or value thereof, shall be forfeited and lost. Be it further Enacted by the Authority aforesaid, That all Goods, Goods brought from, or carried into Scotland by land, shall pass through Barwick or Carli●e. Wares or Merchandise that shall be brought out of, or carried into the Kingdom of Scotland by Land, into, or out of the Kingdom of England, Dominion of Wales, or Port and Town of Berwick, shall pass and be carried by and through some of the Towns and Passages hereafter named (that is to say) by and through Berwick or Carlisle, and then, and there pay the Custom and Subsidy granted and due to the King's Majesty, by an Act of this present Parliament, Entitled, 12 Car. 2. cap. 4. A Subsidy granted to the King of Tonnage and Poundage, and other Sums of Money payable upon Merchandise Exported and Imported; And if any Goods, Wares or Merchandise prohibited or uncustomed, coming out of Scotland into England, or going out of England into Scotland, shall pass by, or beyond the Towns, Ports and Places aforenamed without due entry and payment of the Customs, That then all such Goods, Wares and Merchandise, or the value thereof shall be forfeited and lost. And whereas in and by an Act of Parliament in the First year of Queen Elizabeth, 1 El. cap. 11. When and where Merchandise shall be landed and custom paid. of famous memory, directing when and where Merchandise shall be landed, and Customs paid; it is amongst divers other things Enacted and Ordained, That no Goods, Wares or Merchandise shall be shipped or loaden aboard any Ship or Vessel, or landed or discharged out of, or from any Ship or Vessel, but in or upon some such open Place, Key, or Wharf, Places, Keys, or Wharves, (Except the Port of Hull) as her Highness, her Heirs and Successors should therefore assign or appoint by virtue of her Highness' Commission or Commissions, within the Port of London, and in all Ports, Creeks, Havens, or Roads, as in and by the said Act doth, and may at large appear. And whereas, notwithstanding the aforesaid Act, there are some Ports, Créeks, and places where Customers, Collectors, and Comptrollers and Searchers, & their servants had then, time out of mind, been resident, to which no such Commissions were sent, nor places, keys, nor wharves appointed, as by the said Act was directed; And whereas also since that time, by reason of the alteration of Rivers, Streams, Channels and Sands, some places then appointed are become unfit and useless, & others much more convenient and commodious, as well for Traffic and Commerce, as for Landing and Discharging, Lading and Shipping of Goods, Wares, and Merchandise; It is Enacted and Ordained, and be it Enacted and Ordained by the Authority aforesaid, That the King's 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 Merchandise, 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 virtue of the said Commission or Commissions, the Customer, Collector, controller and Searcher of the head-Port, shall by themselves, or their sufficient Deputy or Deputies, servant or servants, reside and inhabit, for the entering, clearing, and passing, shipping and discharging of Ships, Goods and Merchandise; And by virtue 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 Majesty's Kingdom of England, Dominion of Wales, and Town and Port of Berwick, whereby the extents, limits and privileges of every Port, Haven and Créek, may be ascertained and known; And it shall not be lawful for any Person or Persons whatsoever, to lad, 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 Merchandise whatsoever, (Fish taken by his Majesty's 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 Merchandise whatsoever (Fish taken by his Majesty's 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 Merchandise, but only upon such open Place, Key or Wharf, Places, Keys or Wharves, as his Majesty shall from time to time assign and appoint by virtue of such Commission and Commissions as aforesaid, in his Majesty's Port of London, and the Members and Liberties thereof, in any other Port, Place, Member or Créek within his Majesty's 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 Majesty's Customs, upon the penalty of the forfeiture of all such Goods, Wares and Merchandise. For avoiding Practices 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 Practices and Combinations between 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 Merchandise, 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 Majesty's 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 under-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 employed 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 Majesty's Customs, or any Officer or Officers, Person or Persons authorized by his Majesty to put in execution the Act of Parliament, For increasing and encouraging of Navigation, their Deputies or Servants, or any others acting in aid of them, have been, 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 Majesty's Courts of justice, or other Courts where the said matter shall be depending; And the judges of the said Courts are hereby strictly enjoined and required to admit the same, and to acquit and indemnify 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 Employments therein. Be it hereby also Enacted for avoiding of fraudulent Compositions, That if any Seizer. For avoiding fraudulent compositions by Informers. Informer or Officer as aforesaid, shall not prosecute to effect for the bringing to Trial and Condemnation the Ships, Goods and Merchandise 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 under-treasurer to make seizure of, or inform against such Goods and Merchandise, or bring his Action for the same by way of Devenerunt, and that they shall be esteemed 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 Usage to the contrary in any wise notwithstanding. And that no Informer or Officer be suffered to compound under one Third of the appraised value upon loss of his Office; Be it further Enacted by the Authority aforesaid, No person employed about managing the customs, may take any bride or reward to connive at any Entry. That if any of the King's Majesty's Officers, or other persons appointed to manage His Majesty's Customs, Searchers, Waiters, or other person or persons whatsoever deputed and appointed by and under them, or any of them, or any other Authority whatsoever, and employed in or about the Affairs of the King's Customs and Subsidies, shall directly or indirectly take or receive any bribe, recompense or reward, in any kind whatsoever, or connive at any false Entry of any Goods or Merchandizes, whereby the King's Majesty, His Heirs or Successors, shall be defrauded or hindered, in, or of His Customs and Subsidies, or other Sums of money or Goods prohibited by the Law to be Imported or Exported into or out of the Kingdom of England, Dominion of Wales, Town and Port of Berwick, be suffered to pass either by way of Importation or Exportation, the person or persons therein offending, shall forfeit the sum of One hundred pounds, The Penalty. and be for ever afterwards incapable of any Office or Employment under the King's Majesty, His Heirs or Successors, or any Authority derived from them, as also the Merchant, Mariner, or other person or persons whatsoever, who shall give or pay any such Bribe, Recompense or Reward as aforesaid, shall forfeit the sum of Fifty pounds. Provided nevertheless, that if any person or persons offending as aforesaid, Persons revealing their own offences within two months to be acquitted. shall reveal and make known such his or their Offence in Two month's time to the Treasurer of England, the Chancellor, under-treasurer, or Barons of the Exchequer, he shall for that Offence be clearly acquitted and discharged. And be it further Enacted, Foreign goods, where to be landed, and how weighed and numbered. That all foreign Goods and Merchandise which by the person or persons which are or shall be appointed by his Majesty for the managing of the Customs, and the Customer, Collector and controller, shall be permitted to be landed and taken up by Bills at sight, Bills at view or sufferance, shall be landed at the most convenient Keys or Wharves where the said person or persons so to be appointed, Customer, or Collector or controller, shall appoint, and not elsewhere, and there or in his Majesty's Storehouse of the respective Ports, at the Election of the said person or persons so to be appointed and Officers, shall be measured, weighed and numbered, by and in the presence of the Officers, to be thereunto particularly appointed; which said Officers so appointed, shall perfect the Entry, and thereunto shall subscribe their Names, and the next day following shall give Account, and make report of every respective Entry so perfected as aforesaid, to the said person or persons which are or shall be appointed to manage his Majesty's Customs, Customer, or Collector and controller aforesaid, without reasonable cause to be allowed by the said person or persons, or Officers aforesaid, or in default thereof, shall forfeit the sum of One hundred pounds. Be it also Enacted, That no Ship, Vessel, or Boat, Vessels appointed for carrying Letters, may not import nor export Merchandise. appointed and employed ordinarily for the Carriage of Letters and Pacquets shall (unless it be in such Cases as shall be allowed by the said person or persons which are or shall be appointed to manage his Majesty's Customs, or Officers aforesaid) Import or Export any Goods or Merchandise into or out of the parts beyond the Seas, upon the Penalty of the forfeiture of One hundred pounds to be paid by the Master of the said Vessel or Boat, with the loss of his place; and all Goods and Merchandise that shall be found on Board any such Ship, Vessel, or Boat shall be forfeited and lost. And whereas some Doubts and Disputes have arisen concerning the said late Act For encresing and encouraging of Shipping and Navigation, An Explanation of 12 Car. 2. cap. 18. of goods prohibited to be brought from Holland. about some of the Goods therein prohibited to be brought from Holland, and the Parts and Ports thereabouts; Be it Enacted and Declared, That no sort of Wines (other then Rhenish) no sort of Spicery, Grocery, Tobacco, Pot-ashes, Pitch, Tarr, Salt, , Deal-Boards, Fir, Timber, or olive-oil, shall be imported into England, Wales or Berwick, from the Netherlands or Germany, upon any pretence whatsoever in any sort of Ships or Vessels whatsoever, upon penalty of the loss of all the said Goods, as also of the Ships and furniture. And whereas also by the said Acts For encouraging and increasing of Shipping and Navigation, 12 Car. 2. c. 18. Imposition of 5 s. per Tun upon French Vessels. an Imposition of Five shillings per Tun is laid upon all Ships or Vessels belonging to any Subjects of the French King, which shall come into any Port, Harbour, Créek, or Road of England, Ireland, Wales, or Town of Berwick upon Tweed, and shall there lad or unlade any Goods, or take in or set on shore any Passengers, Yet notwithstanding there is great difficulty in recovering the said Duty, because small Shallops come not into Harbours where Officers are, but either put their Goods and Passengers on shore, or Boats come out of Harbours, which privately convey them on shore, there being no penalty in the Act against such Offenders; Be it therefore Enacted, How to be recovered, and the penalty. That any such Ship or Vessel upon which the abovesaid Imposition of Five shillings per Tun is due and payable, which shall either put on shore, or put over into any Boat any Goods or Passengers without payment of Custom and Imposition of Tonnage, at any time returning into any Harbour, Port, or Creek of England or Ireland, shall not only pay the Duties formerly due, but forfeit the sum of Ten pounds; And whatsoever Pilot, Waterman, or Boat-man, which shall from any Harbour, Port or Créek go out and bring any Goods from on board such Vessel, shall not only be liable to pay the Duty of Tonnage which the said Vessel should have paid, but forfeit the sum of Forty pounds. Be it also hereby Enacted, That Vinegar, Perry, Rape, Cider, and Cider-eager, of any sort or kind whatsoever, Tonnage upon V negar, Perry, Rape, Cider and Cider eager. Imported from and after the four and twentieth day of June, One thousand six hundred sixty and two, from Foreign Parts, is hereby Rated to pay to the King's Majesty a Subsidy of Tonnage of Four pounds Ten shillings per Tun Imported by English, and Six pounds Imported by Strangers, according to the Rate already imposed and set upon French Wines, to be Collected and Levied for such time and in such manner as by the Act of Tonnage and Poundage is directed and appointed; And the same are by virtue of this Act exonerated and discharged of all further and other Sums heretofore set or charged upon those Commodities, by or under the name of Subsidy or Poundage; And in case of Exportation, there shall be repaid and allowed to the Englishman Exporter, the sum of Three pounds Ten shillings per Tun, and to the Alien Four pounds Fifteen shillings per Tun, to be repaid according to the Rules of the Book of Rates now established. And whereas the Ingenious Industry of these times hath taught the Dyers of England the Art of fixing the Colours made of Logwood, Logwood or Blockwood. alias Blockwood, so as that by experience they are found as lasting and serviceable as the Colours made with any other sort of Dying-wood whatsoever; 23 El. cap. 9 And whereas by a Statute made in the three and twentieth year of the Reign of Queen Elizabeth of famous Memory, Entitled, Logwood and Blockwood shall not be used in Dying of Cloth, 39 El. cap. 11. etc. And by another Statute made in the Nine and thirtieth year of the aforesaid Queen Elizabeth (Entitled, The Penalty for mixing or using of Logwood in Dying Cloth or other Stuff) all Logwood, alias Blockwood, that shall be found within this Kingdom shall be forfeited, and openly burned, with divers other Pains, Penalties and Forfeitures upon such as shall use the same in Dying-Cloth or other Commodities, as by the said several Acts aforesaid may and doth appear: Be it further Enacted by the Authority aforesaid, That the aforesaid Statutes, and either of them, be and are hereby Repealed and made void as to all Clauses, Articles, Provisions and Penalties in any wise relating to the prohibition or use of Logwood, alias Blockwood; And that from and after the first day of February, One thousand six hundred sixty and one, It shall and may be lawful to and for any person or persons, freely to import into this Kingdom of England, Dominion of Wales, and Town and Port of Berwick upon Tweed, any quantities of Logwood, alias Blockwood, and freely to use the same in Dying or Colouring any sort of Goods or Manufacture whatsoever, the aforesaid two Statutes, or any other Law, Statute, Usage, Custom, Patent of privilege, Proclamation, or other Restraint, Matter or Thing to the contrary thereof in any wise notwithstanding. Imposition upon Logwood imported. 12 Car. 2. cap. 18. Provided, That such Importation be according to the Rules prescribed and enjoined in the late Act, Entitled, An Act for encouraging and increasing of Shipping and Navigation, and paying a Subsidy to the King's Majesty, His Heirs and Successors for every Tun of the said Logwood, alias Blockwood, so to be Imported after the rate of Five pounds, and after that rate for any greater or lesser quantity according to such Rules, and under such Penalties as are provided for all other Imported Goods in a late Act, Entitled, An Act of Subsidy granted to the King of Tonnage and Poundage, 12 Car. 2. ca 4. and other Sums of Money payable upon Merchandise Exported and Imported: Excepting only that for all of the said Commodities Exported according to the Rules of the Book of Rates, there shall be repaid to the Exporter the Sum of Four pounds per Tun; the said Rate for Logwood, alias Blockwood, to be Collected and Levied for such time, and in such manner as by the Act of Tonnage and Poundage is directed and appointed. And be it further Enacted, That all Actions, Suits and Informations to be had and commenced upon the Act For encouraging and increasing of Shipping and Navigation, or any Clause or Article therein, may be entered and prosecuted in his Majesty's Court of Exchequer at Westminster, That upon all such Suits and Informations to be brought upon the Act of Tonnage and Poundage, and the Act aforesaid, or any other Act or Statute concerning the Importation of Goods or Merchandise from the parts beyond the Seas, Onus probandi of property of goods claimed to lie upon the Owner or Claimer. if the property thereof be claimed by any person or persons as the Importer thereof; in such case Onus Probandi shall lie upon the Owner or Claimer thereof. Provided that in case the seizure or Information shall be made upon any Clause or Thing contained in the late Act, Entitled, An Act for the encouraging and increasing of Shipping and Navigation, Commission and time to examine witnesses beyond the Sea. that then the Defendant or Defendants shall on his or their request have a Commission out of the High Court of Chancery to examine Witnesses beyond the Seas, and have a competent time allowed for the return thereof before any trial shall be had upon the Case, according to the distance of place where such Commission or Commissions are to be executed; and that the Examination of Witnesses so returned shall be admitted for evidence in Law at the Trial, as if it had been given Viva voce by the Examinate in Court; Any Law, Statute or Usage to the contrary in any wise notwithstanding. And be it also Enacted and Ordained by the Authority aforesaid, In what cases Writs of delivery may be granted. That no Writ of Delivery shall be granted out of the Court of Exchequer for Goods Seized, but upon good Security; and that for Goods perishable only, or in cases where the Informer shall deferor delay his coming to as speedy a Trial as the Course of that Court will permit, and shall be thereby Ordered and Directed. And be it further Enacted by the Authority aforesaid, That one Moiety of all the Forfeitures before in this Act mentioned and appointed, shall be to the King's Majesty, his Heirs and Successors, and the other Moiety to such person or persons as shall Seize or Sue for the same by Bill, Plaint, or Information in his Majesty's Court of Exchequer, or any other his Majesty's Courts of Record, wherein no Essoin, Protection or Wager of Law shall be allowed. And be it further Enacted and Ordained, That all Officers belonging to the Admiralty, All Officers and persons to be aiding the Officers and persons for management of the Customs. Captains and Commanders of Ships, Forts, Castles and Blockhouses, as also all justices of the Peace, Mayor, Sheriffs, Bailiffs, Constables and Headboroughs, and all the King's Majesty's Officers, Ministers and Subjects whatsoever whom it may concern, shall be aiding and assisting to all and every person and persons which are or shall be appointed by his Majesty to manage his Customs, and the Officers of his Majesty's Customs, and their Respective Deputies in the due Execution of all and every Act and Thing in and by this present Act required and enjoined; And all such who shall be aiding and assisting unto them in the due execution hereof, shall be defended and saved harmless by virtue of this Act. And be it hereby also Enacted, That all Deputies, Clerks and Servants about the Customs to be sworn for their truth and faithfulness therein. Clerks and Servants which now have any place or Office in or about the Customs and Subsidies by and under the Commissioners, or other the King's Officers thereof, shall before the First day of June next, take their respective Corporal Oath and Oaths for the true and faithful execution and discharge, to the best of their knowledge and power, of their several Trusts and Employments committed to their charge and inspection; And that no person or persons shall hereafter be employed or put in trust in the business of the Customs, until he shall first have taken his Oath as aforesaid; And the Commissioners and principal Officers in the Port of London, and the principal Officers in all other the out-ports, or any two of them, are hereby authorized to administer, and give to all and every person or persons such Oath and Oaths as aforesaid, and to cause the same to be Entered and Registered in the Custom-house of every respective Port where the person so taking the Oath as aforesaid, shall have his residence and employment. Provided also, and be it Enacted by the Authority aforesaid, Persons employed about the Customs, shall demand nor take any more than the fees due by Law. That if any person employed in his Majesty's Customs, shall demand or take any other or greater sum of money then by Law is now due, or hereafter shall become due, or shall put any Merchant or other person out of his turn without express order before, or immediate approbation after, from the person or persons who are or shall be appointed by his Majesty to manage his Customs, or the superior Officers for the Customs, or shall illegally detain the goods of any person, or shall neglect or refuse to make repayments and allowances which are or shall be due since the Four and twentieth day of June, One thousand six hundred and sixty, or shall not after notice given, give out and execute his Warrant, shall be liable to double Costs and Damages. And for the better increase of good and serviceable shipping, Of what size and burden Merchants Ships shall be, and what men and ammunition they shall carry. and securing the public Trade and Commerce; Be it Enacted by the Authority aforesaid, That all and every Merchant or other person that shall after the Nine and twentieth day of September, One thousand six hundred sixty and two, Export any Goods or Merchandizes from any Port of this Kingdom, capable of a Ship or Vessel of two hundred Tun upon an ordinary full Sea, to any part or place of the Mediterranean Sea beyond the port of Malaga, or Import any Goods or Merchandise from the ports or places aforesaid, to any port of this said Kingdom, in any Ship or Vessel that hath not two Decks, and doth carry less than sixtéen pieces of Ordnances mounted together, with two men for each Gun, and other Ammunition proportionable, shall pay to our Sovereign Lord the King for all and every the Wares and Merchandizes so Exported or imported, One per centum over and above the Rates and Duties of Subsidy of Tonnage and Poundage otherwise due and payable for the same, Any thing in this Act before contained to the contrary notwithstanding. Provided always, Proviso for Ships exporting Fish. that it shall and may be lawful to export from any of his Majesty's Dominions, Fish, into any of the Ports of the Mediterranean Sea aforesaid, in any English Ship or Vessel whatsoever, Provided that one moiety of her full lading be Fish only, and in such case to Import any Wares or Merchandise in the same Ship for that Voyage, without paying any other Rates or Duties of Tonnage or Poundage for the same, than were heretofore accustomed. And for the better encouragement of building good and Defensible Ships; Be it Enacted, Encouragement for Building good and defensible Ships. That all and every person or persons that shall within the space of Seven years, from and after the Five and twentieth day of March, One thousand six hundred sixty two, build, or cause to be built within any of his Majesty's Dominions, any Ship or Vessel of Three Decks, or Two Decks and a half, with a Forecastle, and Five foot between each Deck, mounted with thirty pieces of Ordnance at least, and other Ammunition proportionable, shall for the first two Voyages which the said Ship or Ships make from his Majesty's Dominions to any foreign parts, have and receive to his and their own proper use and benefit one Tenth part of the Customs that shall be paid to His Majesty for all such Goods or Merchandizes as shall be Exported or Imported on the said Ship or Ships, to and from this Kingdom; And the Commissioners and Officers of His Majesty's Customs are hereby impowered and required to pay the same to the Owner or Owners of the said Ship or Ships accordingly. Salt brought out of Scotland to pay ob. a Gallon. Provided always, and be it hereby Declared and Enacted, That from and after the Four and twentieth day of June, One thousand six hundred sixty two, All Salt which shall be brought out of the Kingdom of Scotland into this Kingdom, the Dominion of Wales, or Town of Berwick upon Tweed, shall yield and pay, and is hereby made chargeable to yield and pay unto the King's Majesty, One half penny upon every Gallon of such imported Salt of Winchester measure, at the landing thereof; Any thing in this present Act, or any former or other Law, Statute, or Order to the contrary thereof in any wise notwithstanding. CAP. XII. For the better Relief of the Poor of this Kingdom. The occasion of increase of Poor. WHereas the necessity, number and continual increase of the Poor, not only within the Cities of London and Westminster, with the Liberties of each of them, but also through the whole Kingdom of England, and Dominion of Wales, is very great, and exceeding burdensome, being occasioned by reason of some defects in the Law concerning the settling of the Poor, and for want of a due provision of the regulations of relief and employment in such parishes or places where they are legally settled, which doth enforce many to turn incorrigible Rogues, and others to perish for want, together with the neglect of the faithful execution of such Laws and Statutes as have formerly been made for the apprehending of Rogues and Vagabonds, and for the good of the Poor: For remedy whereof, and for the preventing the perishing of any the Poor, whether young or old, for want of such supplies as are necessary; May it please your most Excellent Majesty that it may be Enacted, and be it Enacted by the Kings most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, Poor people going from one Parish to another. and the Commons in this present Parliament Assembled, and by the Authority of the same, That whereas by reason of some defects in the Law, poor people are not restrained from going from one Parish to another, and therefore do endeavour to settle themselves in those Parishes where there is the best Stock, the largest Commons, or Wastes to build Cottages, and the most Woods for them to burn and destroy, and when they have consumed it, then to another Parish, and at last become Rogues and Vagabonds, to the great discouragement of Parishes to provide Stocks, where it is liable to be devoured by strangers; Be it therefore Enacted by the Authority aforesaid, That it shall and may be lawful, How to be settled, coming to any Tenement under ten pounds yearly value. upon complaint made by the Churchwardens, or Overseers of the poor of any Parish to any justice of Peace, within Forty days after any such person or persons coming so to settle as aforesaid in any Tenement under the yearly value of Ten pounds, for any two justices of the Peace, whereof one to be of the Quorum of the Division where any person or persons that are likely to be chargeable to the Parish, shall come to inhabit, by their Warrant to remove and convey such person or persons to such Parish where he or they were last legally settled, either as a native Housholder, Sojourner, Apprentice or Servant, for the space of forty days at the least, unless he or they give sufficient security for the discharge of the said Parish to be allowed by the said justices. Persons grieved, may appeal to the Quarter Sessions. Provided always, That all such persons who think themselves aggrieved by any such judgement of the said two justices, may appeal to the justices of the Peace of the said County at their next Quarter-Sessions, who are hereby required to do them justice according to the merits of their Cause. Persons going to work in harvest. Provided also, That (this Act notwithstanding) it shall and may be lawful for any person or persons to go into any County, Parish or place to work in time of Harvest, or at any time to work at any other work, so that he or they carry with him or them, a Certificate from the Minister of the parish, and one of the Churchwardens, and one of the Overséers for the poor for the said year, that he or they have a dwelling house, or place in which he or they inhabit, and hath left wife and children, or some of them there, (or otherwise as the condition of the person shall require) and is declared an Inhabitant, or Inhabitants there: And in such case, if the person or persons shall not return to the place aforesaid, when his or their work is finished, or shall fall sick or impotent, whilst he or they are in the said work, it shall not be accounted a Settlement in the cases abovesaid, but that it shall and may be lawful for two justices of the Peace to convey the said person or persons to the place of his or their habitation, as aforesaid, under the pains and penalties in this Act prescribed: And if such person or persons shall refuse to go, or shall not remain in such parish where they ought to be settled, as aforesaid, but shall return of his own accord to the parish from whence he was removed; it shall and may be lawful for any justice of the Peace of the City, County or Town-Corporate where the said Offence shall be committed, to send such person or persons offending to the House of Correction, there to be punished as a Vagabond, or to a public Workhouse in this present Act hereafter mentioned, there to be employed in work or labour; And if the Churchwardens, and Overséers of the Poor of the Parish, to which he or they shall be removed, refuse to receive such person or persons, and to provide work for them, as other Inhabitants of the Parish, any justice of Peace of that Division may and shall thereupon bind any such Officer or Officers, in whom there shall be default, to the Assizes or Sessions, there to be Indicted for his or their Contempt in that behalf. And for the further redress of the mischiefs intended to be hereby remedied, Corporations or work houses in the Cities of London and Westminster. Middlesex. Surrey. Be it Enacted by the Authority aforesaid, That from thenceforth there be, and shall be, one or more Corporation or Corporations, Workhouse or Work-houses within the Cities of London and Westminster, and within the Burroughs, Towns and places of the County of Middlesex and Surrey, situate, lying and being within the Parishes mentioned in the Wéekly Bills of Mortality, consisting of a Precedent, a Deputy to the Precedent, and a Treasurer; And that the Lord Mayor of the City of London for the time being be Precedent of the Corporation or Corporations, Workhouse or Work-houses within the said City, and the Assistants to be the Aldermen of the said City of London for the time being, and fifty two other Citizens to be chosen by the Common-Council of the said City; And that the said Precedent and Assistants, or the major part of them, shall and may elect a Deputy-President and Treasurer, and all other necessary Officers hereby constituted and authorized to execute the powers and Offices by this Act appointed: And that upon the vacancy by death or otherwise of any Assistant, the power to elect in their rooms be in the said Common-Council, and the Election of the Deputy-President, or Treasurer, and all other Officers, in the said Precedent and major part of the Assistants, as aforesaid: And that a Precedent, a Deputy-President, a Treasurer and Assistants be nominated and appointed by the Lord Chancellor, or Lord Keeper of the Great Seal of England for the time being, out of the most fit persons inhabiting in the City of Westminster, or the Liberties thereof, for the Corporation or Corporations, Workhouse or Work-houses within the same. And for the said places within the Wéekly Bills of Mortality in the said Counties of Middlesex and Surrey respectively, Precedent, Deputy-president, Treasurer and Assistants for Middlesex & Surrey, how to be elected. there shall be elected and chosen by the major part of the justices of the Peace for the said Counties in their respective Quarter-Sessions assembled, out of the most able and honest Inhabitants and Fréeholders of every of the said Counties of Middlesex and Surrey respectively, a Precedent, a Deputy-President, a Treasurer and Assistants for the Corporation or Corporations, Workhouse or Work-houses of the places aforesaid in Middlesex and Surrey; And that upon the vacancy by death, or otherwise of any of the Precedents, Deputy-Presidents, Treasurers or Assistants in the City of Westminster, and places aforesaid in Middlesex and Surrey, City of Westminster. the power to elect others in their rooms be in the major part of the respective justices of Peace, who in their General Quarter-Sessions from time to time shall accordingly supply such vacant places; And that at every Quarter-Sessions they shall require and take an account in writing of all the Receipts, Charges, and Disbursements of the Officers and Treasurer of such Corporation or Corporations, Workhouse or Work-houses, how many Poor people have been employed and set to work in the year last passed, and what stock there was, and is remaining; which Precedent, Deputy-President, and Treasurer for the time being respectively, shall for ever hereafter in name and fact, be Bodies Politic 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 Precedent and Governors for the Poor of the respective places aforementioned, in all Courts and places of judicature 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 Licence in Mortmain, purchase or receive any Lands, Tenements, or Hereditaments, not exceeding the yearly value of Three thousand pounds per annum, of the Gift, Alienation or Devise of any person or persons, who are hereby without further Licence 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 meet and keep Courts for the ends and purposes in this Act expressed, at such time and place as shall be appointed by the said Precedent, 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 Precedent and Governors of the said Corporations. That it shall and may be lawful to and for the said Precedent, and Governors 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 justices of Peace in their Quarter-Sessions, to signify unto his Majesty's 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 Majesty's Privy Council to the said justices of Peace signified, which persons shall be Transported, it shall and may be lawful for any two or more of the justices of the Peace, them to Transport, or cause to be Transported from time to time, during the space of three 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 exceeding 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 Precedent and Governors 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 justices of Peace in their Quarter-Sessions of the said City of Westminster, and the Liberties thereof, or the justices 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 justices 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 exceeding 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 justices of the Peace of the City of Westminster, and the Liberties thereof, and justices 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 aggrieved, supposing the same to be unequal, he or they shall and may make their complaint known to the justices 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 justices of Peace of the City of Westminster, and the Liberties thereof, or any two or more of them, or any two justices of Peace of the respective Counties of Middlesex and Surrey, by their Warrant under their Hands and Seals, to authorise the Churchwardens 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 virtue of the Taxations and Contributions aforesaid; And for default of payment within ten days after demand thereof made, or notice in writing left at the dwellinghouse 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 employment 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 allotted for that Service, or Legacies given to the same end, shall be payable to the Treasurer of the Corporation or Corporations, Workhouse or Work-houses to be established by this present Act, who are hereby authorized and empowered by themselves, or their Officers thereunto by them deputed, to collect, gather, receive and recover the said money and Legacies, which shall be due and in arrear, as aforesaid; with which said Arrears, and every part and parcel thereof, the Corporation or Corporations aforesaid by this Act made, constituted and established, is, and shall be hereby invested, and interessed for the execution of the service hereby enjoined them; and all those that have had, or now have any of the said Stocks in their or any of their hands, shall be accountable to the said Treasurer, or to those that shall be appointed by the said Corporation or Corporations, or any seven or more of them to take the said account. Provided always, And be it Enacted by the Authority aforesaid, That there shall be a full allowance of all just and necessary expenses which have been laid out by the said former Corporation for the relief of the said poor, and the carrying on of the said Service since the time before expressed. Power to make Orders and By-laws. And it is further Enacted by the Authority aforesaid, That the respective Precedent and Governors, or any Seven of them shall have power from time to time to make and constitute Orders and By-Laws for the better relieving, regulating, and setting the poor to work, and the apprehending and punishing of Rogues, Vagabonds, and Beggars within the Cities, Liberties, and places aforesaid, that have not wherewith to maintain themselves, and for other the matters aforesaid. Provided the said Orders and By-Laws shall from time to time be presented to the justices of Peace in their Quarter-Sessions assembled, to be allowed by the major part of them, and confirmed by order of the said Court. And it is further Enacted by the Authority aforesaid, Power to choose and entertain officers That the Precedent and Governors of any of the said Corporation or Corporations, Workhouse, or Work-houses, or any fourtéen or more of them being assembled together, shall have hereby power to choose and entertain all such Officers, and other as shall be needful to be employed in and about the premises; and them, or any of them from time to time to remove as they shall see cause; and upon the death or removal of them, or any of them, to choose others in their places for the carrying on of the work, and to make and give such reasonable allowances unto them, or any of them out of the Stock and Revenue belonging to the said Corporation or Workhouse, as they shall think fit. And it is further Enacted by the Authority aforesaid, That all Sheriffs, Bailiffs, Constables, All Sheriffs, etc. to be assisting the said Corporation & their officers. and all other Officers and Ministers of justice shall be aiding and assisting to the said Corporation or Corporations, and to all such Officers as shall be employed by them, or any of them, in the execution or performance of the said Service. And whereas the Laws and Statutes for the apprehending of Rogues and Vagabonds, have not been duly executed, sometimes for want of Officers, by reason Lords of Manors do not keep Court Léets every year for the making of them; Constables how made in default of holding Court-Leets. Be it therefore Enacted by the Authority aforesaid, That in case any Constable, Headborough, or Tithingmen shall die, or go out of the Parish, any two justices of the Peace may make and swear a new Constable, Headborough, or Tithingman, until the said Lord shall hold a Court, or until next Quarter-Sessions, who shall approve of the said Officers so made and sworn as aforesaid, or appoint others as they shall think fit: And if any Officer shall continue above a year in his or their Office, That then in such case, the justices of Peace in their Quarter-Sessions may discharge such Officers, and may put another fit person in his or their place, until the Lord of the said Manor shall hold a Court as aforesaid. And whereas for want of some encouragement to such person or persons as shall apprehend Rogues, Vagabonds, and sturdy Beggars, 39 El. cap. 17. 1 Jac. cap. 7. Apprehending Rogues and Vagabonds. the Statutes made in the Nine and thirtieth year of Queen Elizabeth, and first year of King James, in which Statutes the Constable, Headborough, or Tithingman of every Parish that shall not apprehend such Rogues, Vagabonds, and Sturdy Beggars, which shall pass through, or be found in their said Parish unapprehended, such Constable, Headborough, or Tithingman shall forfeit as in the said Statutes is expressed, are not duly executed; Be it therefore Enacted by the Authority aforesaid, How rewarded That it shall and may be lawful to and for any justice of the Peace to whom any Rogue, Vagabond, or Sturdy Beggars so apprehended shall be brought, to reward any person or persons that shall apprehend any Rogue, Vagabond, or Sturdy Beggar, by granting unto such person or persons an Order or Warrant under his hand and Seal to the Constable, Headborough, or Tithingman of such Parish where such Rogue, Vagabond, or sturdy Beggar passed through unapprehended, requiring him to pay such person or persons the sum of two shillings for every Rogue, Vagabond, or sturdy Beggar, which shall be so apprehended: And if such Constable, Headborough, or Tithingmen, refuse or neglect to pay the two shillings as aforesaid, that then the said justices of Peace, or any other justice or justices of Peace, shall proceed against any such Constable, Headborough or Tithingman, according to the said Statutes; and to compel him to pay such sum of money as he hath forfeited by the Statute of the first year of King James aforesaid, and to allow out of the said Forfeiture the said two shillings, and such reasonable means and allowance for loss of time, as they shall think fit. And if any person or persons shall apprehend any Rogue, Vagabond, or sturdy Beggar, Rogues and Vagabonds apprehended at the contines of any county, how to be dealt withal. at the confines of any County, which passed through any Parish of another County unapprehended, it shall be lawful for such person or persons to go to some justice of Peace of that County, through which such Rogue, Vagabond, or sturdy Beggar passed unapprehended, who is hereby required (upon a Certificate under the hand of some justice of Peace of the County where such Rogue, Vagabond, or sturdy Beggar was so apprehended) to grant his Order, or Warrant, under his hand and Seal, requiring the said Constable, Headborough, or Tithingman, to pay unto such person or persons, as aforesaid, the sum of two shillings, which if he shall refuse, or neglect to do, than such justice is hereby required to proceed against such Constable, Headborough, or Tithingman, and to cause him to pay ten shillings, or so much thereof for his expenses and loss of time, as the said justice of Peace shall think fit, to such person or persons, which he hath forfeited by the Statute aforesaid, made in the nine and thirtieth year of the Queen. And whereas Constables, Headboroughs, or Tithingmen are or may be at great charge in relieving, conveying with Passes, and in carrying Rogues, Vagabonds, and sturdy Beggars to Houses of Correction, or the Work-houses herein mentioned, and as yet have no power by Law to make Rates to reimburse themselves; Be it therefore Enacted by the Authority aforesaid, That all Constables, Headboroughs, and Tithingmen so out of purse, as aforesaid, together with the Churchwardens and Overséers of the poor, and other Inhabitants of the said Parish shall hereby have power and Authority to make an indifferent Rate, Power to make rates. and to tax all the Occupiers of Lands, and Inhabitants, and all other persons chargeable by the Statute of the three and fortieth of Elizabeth concerning the Office and Duty of Overséers for the poor within the said Parish, which Rate being confirmed under the hands and Seals of any two justices of Peace, 43 El. cap. 2. as aforesaid, the said Constable, Headborough, or Tithingmen shall have power by Warrant under the hands and Seals of two justices of Peace, to levy by distress and sale of the goods of any person or persons refusing to pay the same, rendering the overplus to the Owner, if any shall be. Putative fathers of Bastard-childrens, running away how to be proceeded against. And whereas the putative Fathers and lewd Mothers of Bastard-childrens run away out of the Parish, and sometimes out of the County, and leave the said Bastard children upon the charge of the Parish where they are born, although such putative Father and Mother have Estates sufficient to discharge such Parish; Be it therefore Enacted by the Authority aforesaid, That it shall and may be lawful for the Churchwardens and Overséers for the poor of such Parish, where any Bastard-Child shall be born, to take and seize so much of the Goods and Chattels, and to receive so much of the Annual Rents or profits of the Lands of such putative father, or lewd mother, as shall be ordered by any two justices of Peace as aforesaid, for, or towards the discharge of the Parish, to be confirmed at the Sessions, for the bringing up and providing for such Bastard-Child; And thereupon it shall be lawful for the Sessions to make an Order for the Churchwardens or Overséers for the poor of such Parish, to dispose of the goods by Sale, or otherwise, or so much of them for the purposes aforesaid, as the Court shall think fit, and to receive the rents and profits, or so much of them, as shall be ordered by the Sessions as aforesaid, of his, or her Lands. Persons sued for matters in this Act, may plead the General Issue. And if any person or persons shall be sued for any matter or thing which he shall do in execution of this Act, he may plead the General Issue, and give the special matter in Evidence; And if the Verdict shall pass for the Defendant, or if the Plaintiff be Nonsuited or Discontinue his Suit, the Defendant shall recover triple Damages. Lancashire, Cheshire, Derbyshire, Yorkshire, Durham, Cumberland, Westmoreland. 43 El. cap. 2. Whereas the Inhabitants of the Counties of Lancashire, Cheshire, Derbyshire, Yorkshire, Northumberland, the Bishopric of Durham, Cumberland, and Westmoreland, and many other Counties in England and Wales, by reason of the largeness of the Parishes within the same, have not, nor cannot reap the benefit of the Act of Parliament, made in the three and fortieth year of the Reign of the late Queen Elizabeth, for relief of the poor; Therefore be it Enacted by the Authority aforesaid, That all and every the poor, needy, impotent, and lame person and persons within every Township or Village, within the several Counties aforesaid, shall from and after the passing of this Act, be maintained, kept, provided for, and set on work within the several and respective Township and Village, wherein he, she, or they shall inhabit, or wherein he, she, or they was or were last lawfully settled, according to the intent and meaning of this Act, and that there shall be yearly chosen and appointed, according to the rules and directions in the said Act of the three and fortieth year of Queen Elizabeth mentioned, two or more Overséers of the poor within every of the said Townships or Villages, who shall from time to time do, perform and execute all and every the Acts, powers and authorities for the necessary relief of the poor within the said Township or Village, and shall lose, forfeit, and suffer all such pains and penalties for non-performance thereof as is limited, mentioned and appointed in and by the said in-part-recited Act. And be it further Enacted by the Authority aforesaid, That the justices of Peace within the said Counties shall have and enjoy such and the like powers and authorities, to raise and levy moneys, and to do and execute all and every such other Act and thing whatsoever, within every Township or Village within the said County where they are justices, as is given, limited and appointed unto, and for them to do and execute within any Parish or Parishes in and by the said Act made in the said three and fortieth year of the said late Queen Elizabeth, under such and the like pains and penalties for the non-performance of their Duties, to be levied and disposed of as is nominated and expressed in the said Act. Power of the justices to transport rogues and vagabonds. Provided always, and be it Enacted by the Authority aforesaid, That it shall and may be lawful for the justices of Peace in any of the Counties of England and Wales, in their Quarter-Sessions Assembled, or the major part of them to Transport, or cause to be Transported such Rogues, Vagabonds, and sturdy Beggars, as shall be duly convicted, and adjudged to be incorrigible, to any of the English plantations beyond the Seas. Proviso for the Dean and chapter of Westminster. Provided also, That neither this Act, nor any thing therein contained, shall extend to be, or be construed, expounded, or taken to the prejudice or infringement of any the franchises, rights, liberties, or privileges heretofore granted by the Kings and Queen's of this Realm, his Majesty's Royal Predecessors, to the Dean and Chapter of the Collegiate Church of St. Peter in Westminster. The continuance of divers parts of this Act. Provided always, That this Act, as to all the matters therein contained (excepting what relates unto the Corporations mentioned and constituted thereby) shall extend, and be in force until the nine and twentieth day of May, One thousand six hundred sixty five, and the end of the first Session of the next Parliament, than next ensuing, and no longer. CAP. XIII. Importation of Foreign Bonelace, Cutwork, Embroidery, Fringe, Bandstrings, Buttons, and Needlework prohibited. Whereas great numbers of the Inhabitants of this Kingdom are employed in the making of Bonelace, Bandstrings, Buttons, Néedlework, Fringe, and Embroideries, who by their industry and labour have attained and gained so great skill and dexterity in the making thereof, that they make as good of all sorts thereof, as is made in any Foreign parts, by reason whereof, they have been heretofore able to relieve their poor Neighbours, and maintained their Families, and also enabled to set on work many poor children, and other persons who have very small means, or maintenance of living, other than by their labours and endeavours in the said Art: And whereas the persons so employed in the said Mystery have heretofore served most parts of this Kingdom with Bonelace, Bandstrings, Buttons, Néedlework, and Embroidery: And for the carrying on, and managing of the said Trade, they have procured great quantities of Thread and Silk to be brought into the Kingdom from Foreign parts, whereby his Majesty's Customs and Revenues have been much advanced, until of late, that great quantities of Foreign Bonelace, Bandstrings, Néedlework, Cutwork, Fringe, Silk, Bonelace, Buttons, and Embroidery were brought into this Kingdom by Foreigners and Inhabitants of this Kingdom, and sold to Shop-kéepers, and others, Dealers in the said Commodity, as well by Wholesale as Retail, without ever entering of the same in any of his Majesty's Custom-houses, or paying any Duty or Custom for the same; by means whereof, the said Trade and calling is of late very much decayed, those employed in the said Calling very much impoverished, the Manufacture much decreased, and great quantities thereof already made, left on their hands that make it, His Majesty defrauded and deceived in his Customs, and many thousand poor people formerly kept on work in the said Art, like to perish for want of employment; there being daily great sums of money exported out of this Kingdom, for the buying and fetching in of the said Commodity, to the great impoverishment of the Nation by the Consumption of the Bullion and Treasure thereof, and contrary to several Statutes made in the first of King Richard the Third; 1 R. 3. cap. 12. 3 E. 4. cap. 4. 19 H. 7. cap. 21 5 Eliz. cap. 7. in the third of King Edward the fourth; in the ninetéenth of King Henry the Seventh, and the fifth of Queen Elizabeth; and to a late Proclamation made by his Majesty that now is, dated the twentieth day of November last, for the putting the said Laws in execution. For redress whereof, and prevention of the like mischiefs for the future, and the better relief, comfort, and subsistence of those employed in the said Art and Manufacture; And for the quickening, reviving, explaining, amending, and more effectual execution of the said Statutes, 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 no person or persons whatsoever shall, from and after the Twenty fourth day of June, One thousand six hundred sixty two, cell, or cause to be sold, or offer to sale, within the Kingdom of England, or Dominion of Wales, or export any Foreign Bonelace, Cutwork, Foreign bonelace, cutwork, embroidery, fringe, bandstrings, prohibited to be sold or imported from beyond Sea. Embroidery, Fringe, Bandstrings, Buttons, or Néedlework made of Thread, Silk, or any, or either of them in parts beyond the Seas, or Import, bring in, send, or convey, or cause to be brought in, sent, or conveyed into the Kingdom of England, or Dominion of Wales, any such Foreign Bonelace, Cutwork, Fringe, Embroidery, Bandstrings, Buttons, or Néedlework made of Thread, Silk, or any, or either of them beyond the Seas, after the first day of May, which shall be in the said year of our Lord, One thousand six hundred sixty and two, upon pain, that all and every person or persons, who shall sell, or cause to be sold, or offer to sale any such Foreign Bonelace, Cutwork, Embroidery, Fringe, Bandstrings, Buttons, or Néedlework, shall forfeit and lose for every offence by him committed contrary to this Act, the sum of Fifty pounds, and the whole Bonelace, Cutwork, Embroidery, Fringe, Bandstrings, Buttons, or Néedlework so sold, or caused to be sold, or offered to sale; And upon further pain, That all and every person or persons who shall Import, bring in, send, or convey, or cause to be brought in, sent, or conveyed into this Kingdom of England, or Dominion of Wales, any such Bonelace, Cutwork, The penalty. Embroidery, Fringe, Bandstrings, Buttons, or Néedlework, shall forfeit and lose for every offence by him committed contrary to this Act, the sum of One hundred pounds, and the whole Bonelace, Cutwork, Embroidery, Fringe, Bandstrings, Buttons, or Néedlework so Imported, brought in, sent, or conveyed, or caused to be Imported, brought in, sent, or conveyed contrary to the form and effect of this present Act as aforesaid; One moiety to the King, the other to the prosecutor. The Moieties of all which Forfeitures to be to the use of our Sovereign Lord the King's Majesty, his Heirs and Successors; and the other Moiety to him, or them that shall sue for the same in any of the King's Courts of Record, by Bill, Plaint, Action of Debt, Information, or otherwise; wherein no Essoign, Protection, or Wager of Law shall be allowed, at every time, and as often as any person shall be found to offend in selling, importing, conveying, or bringing in as aforesaid. Every justice of Peace may grant Warrants to search for Manufactures prohibited by this Act And be it further Enacted by the Authority aforesaid, That for the preventing of the Importing of the said Manufactures as aforesaid, upon complaint and Information given to the justices of the Peace, or any, or either of them within their respective Counties, Cities, and Towns Corporate, at times reasonable, he or they are hereby authorized and required to issue forth his or their Warrants to the Constables of their respective Counties, Cities, and Towns Corporate, to enter and search for such Manufactures in the Shops being open, or Warehouses, and dwelling-houses of such person or persons as shall be suspected to have any such Foreign Bonelaces, Embroidery, Cutwork, Fringe, Bandstrings, Buttons, or Néedlework within their respective Counties, Cities, and Towns-Corporate, and to seize the same, any Act, Statute, or Ordinance to the contrary thereof in any wise notwithstanding. The time limited for actions upon this Act. Provided always, and be it hereby Enacted and Declared, That all Informations, Actions, and Suits that shall be commenced for any offence committed against this Law, shall be brought and commenced within twelve Months after the discovery of such offence, Any former Act, or Law to the contrary notwithstanding. CAP. XIV. Direction for Prosecution of such as are Accountable for prize-good. 12 Car. 2. c. 11 Whereas in the Act of Free and General Pardon, Indemnity and Oblivion, made in the Twelfth Year of your Majesty's Reign, and since confirmed by another Act, Entitled, An Act for confirming Public Acts, 13 Car. 2. c. 7. made in the thirtéenth year of your Majesty's Reign, there is (amongst other exceptions) excepted all and singular the Accounts of all prize-good, and of all moneys and other Duties grown due, or contracted upon the sale or disposition of them or any of them; By virtue whereof, and of another Act made in the said thirtéenth year of your Majesty's Reign, 13 Car. 2. c. 3. Entitled, An Act for the Declaring, Vesting, and Settling of all such Moneys, Goods, and other things in his Majesty, which were received, levied, or collected in these late times, and are remaining in the hands or possession of any Treasurers, Receivers, Collectors, or others not Pardoned by the Act of Oblivion, all and singular Prizes and Ships, and Goods whatsoever seized or taken for Prize (since the thirtieth of January, in the year, One thousand six hundred forty two) by colour, or pretence of any of the late pretended Authorities, or by pretence or colour of any Power or Authority derived, or pretended to be derived from, or under them or any of them, or otherwise for, or upon any pretence of any public use; And all Captures and Seizures of Prizes and Tenths of Prizes to, or under pretence of any public use; And all the moneys arising, or due, or contracted for, upon the Sales and Dispositions of them, or any of them yet unpaid, or unaccounted for, in whose hands soever the same be, or by whomsoever owing, are rightly vested in your Majesty; And all the Buyers and Receivers and Injoyers thereof, not having yet truly accounted for, or paid for the same, stand chargeable to your Majesty. Now for that as well by a pretended Act made in the year one thousand six hundred forty nine, the Buyers of Ships and goods taken, Pretended Act. 1649. The reason for suing for prize-good in the Court of Admiralty. or seized, and sold for Prize, were in case of any failer of performing their contract, to be convented in the Court of Admiralty, and in case they were condemned, there to pay the money by them contracted for, than the same to be levied by execution of the said Court; And for that by reason of other pretended Acts and Ordinances made in those times, all the matters touching Prize and Captures, and Seizures, and Tenths of Prizes, were referred to the said Court of Admiralty, and all the Processes, Exhibites, Writings, Examinations, Depositions, Proceed, Passages, Condemnations, Sentences, Decrees, and Orders, touching and concerning Prizes and Captures, and Seizures of Prizes, and tenths of Prizes, of what sort soever were had, taken, made, and done in the said Court of Admiralty, and do all, or most of them there remain; So that the said Court of Admiralty being thereof possessed, and best acquainted therewith, and with all the passages thereof, It will be the readiest and quickest way for your Majesty to Sue for the same in that Court, which being there Sued for, may probably amount to considerable sums of money. May it therefore please your Majesty, that it may be Enacted; And be it Enacted by the Kings most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons in this present Parliament assembled, and by the Authority of the same, That all and every Collectors and Treasurers, Subcollectors and Vnder-Treasurers of prize-good, Commissioners and Sub-Commissioners of prize-good, and all and every their Cashéers, Officers, Rep. 16 & 17 Car. 2. cap. 6. Deputies and Receivers, and all and every Admirals, Vice-admirals', Captains of Ships, Officers and Mariners, and all and every other person and persons whatsoever, to whom such Prizes were delivered, or to whose hands they came at any time since the said thirtieth of January, One thousand six hundred forty and two, and before the nine and twentieth of May, One thousand six hundred and sixty, or that did surprise or receive to or for the public use, or by pretence thereof any Ships, Plate, jewels, Bullion, Money, Silver, Gold, Arms, Ammunition, Wares, Merchandizes or any manner of Goods whatsoever seized or taken for Prize within the times aforesaid, and that have not yet truly accounted for, and paid in the same, or the just provenues and values thereof, and all and every person and persons by whom, or to, or for whose use the same or any of them were sold, or who had and enjoyed the same, or any part thereof, and are still behind, and have not paid the moneys contracted for, and arising or due upon such sales, or any of them; and all Securities by them or any of them given for their just dealing in their Offices or Places, or any thing concerning the said Prizes or any of them, shall be chargeable to your Majesty for the said premises and all the Dependencies thereof respectively in the said Court of Admiralty, and shall and may be by your Majesty's Advocate and by such other of your Majesty's Council in that Court, as Your Majesty shall please particularly to nominate, and commit that affair unto, and by special Warrant under your Sign Manual to appoint to sue for the same in your Majesty's Name, and to and for your Majesty's use to be sued and convened in the said Court of Admiralty, and either called to account or otherwise by such suit and in such manner as may be most available for your Majesty, be there proceeded against, sued and prosecuted in due course according to their respective cases for all and every the said Prizes, Ships, Goods, Moneys and Premises received or had by them and still in arrear, and wherewith they are as aforesaid chargeable; The Court of Admiralty empowered to proceed upon suits for prize-good taken at any time since jan. 30. 1642. and before 29 May 1660. and not accounted for. And the said Court of Admiralty is hereby enabled and authorized to proceed thereupon according to the Laws and course of that Court, and to do and minister right and justice therein, with all things thereto requisite; And to give sentences and final Decrees and condemnations therein as by the rules of justice ought to be, and that in the most speedy manner, and to put in execution and finally to execute and levy all and every sum and sums, and whatever shall be adjudged, sentenced or condemned by and according to the rules and course of Executions in the said Court, and that without any manner of Let, Disturbance, Hindrance, Obstruction or Impediment whatsoever, that your Majesty may be for the same satisfied and paid according to right and justice. Provided always, and be it further hereby Enacted and Declared by the Authority aforesaid, Proviso for the saving all Rights of the Lord High Admiral. That all such Rights as during the Reign of your Majesty's Royal Father of Blessed memory, or your Majesty's Reign belonged and appertained unto the Lord High Admiral of England, or Lord Warden of the Cinque Ports for the time being, by virtue of the said Office, and have been at any time since the year of our Lord, One thousand six hundred forty and eight, usurped, possessed or seized by any person or persons, Bodies Politic or Corporate, and not having accounted for the same to any Authority or pretended Authority, Usurping the Government of this Nation, and not pardoned by the Act of Oblivion, That all such person or persons, Bodies Politic or Corporate, shall account and pay the same to his Royal Highness, James Duke of York, your Majesty's only Brother, Lord High Admiral of England, or Lord Warden of the Cinque Ports, upon suit for the same in the High Court of Admiralty; Any thing in this Act (the absence of the Lord High Admiral during these late troubles, or the persons not having been employed or authorized by the said Lord High Admiral) to the contrary in any wise notwithstanding. Provided always, and be it Enacted by the Authority aforesaid, How in defect of jurisdiction in the Admiralty, suit may be in the Exchequer. That in case of defect of jurisdiction in the Court of Admiralty for the recovering and levying of any such Prizes, Goods, matters and things aforesaid; That then in such case upon Certificate thereof from the said Court of Admiralty made into his Majesty's Court of Exchequer, speedy proceed shall be had in the said Court of Exchequer for the recovering and levying of the Prizes, Goods, matters and things aforesaid, according to Law and justice. CAP. XV. The Trade of Silk-throwing regulated. Whereas the Company of Silkthrowers within the City of London and Liberties, The Silkthrowers of London incorporated by Patent. 5 Car. 1. and all their Servants and Apprentices within four Miles thereof were quinto Caroli primi Incorporated and made one Body Politic, and are known by the name of the Master, Wardens, Assistants and Commonalty of the Trade, Art or Mystery of Silkthrowers of the City of London; And whereas the said Trade is of singular use, and very advantageous to this Commonwealth, by employing the poor, there being employed by the said Company in and about the City of London (as is expressed in their Petition) above forty thousand men, women, and children, who otherwise would unavoidably be burdensome to the places of their abode; And whereas the present Governors of the said Company by their Petition, pray an enlargement of their Charter, whereby they may be the better enabled to avoid the many deceits and inconveniencies they daily meet withal by Intruders, who have not been brought up Apprentices to the said Trade, and others who settle themselves beyond the limits of their said Charter, on purpose to avoid the Searchers and Supervision of the said Governors, by which means they are at liberty to make and vend what Wares they please, to the disparagement of the said Trade, and discouraging of the Petitioners, and all others of the said Trade that have duly served Apprentice thereunto, according to the known Laws of this Nation. For remedy whereof, Be it Enacted by the Kings most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and the Commons in this present Parliament Assembled, and by Authority of the same, None shall use the trade of a silk-thrower but such as have served as apprentices seven years. That from and after the twenty fifth day of December, which shall be in the year of our Lord, One thousand six hundred sixty and two, no person or persons whatsoever, shall directly or indirectly use, exercise, continue or set up the said Trade, Art of Mystery of a Silk-thrower within this Realm of England, unless such as are or shall be Apprentices to the said Trade, or shall have served seven years' Apprenticeship thereunto at the least, upon pain that every person so offending contrary to this Act, shall pay, The penalty. forfeit and lose the sum of forty shillings for every month the said person shall use or exercise the said Trade, the one moiety thereof to the use of his said Majesty his Heirs and Successors, and the other moiety thereof to such person or persons as shall sue for the same in any of the Courts of Record within this Realm of England, Before whom to be recovered. or before any the justices of Oyer and Terminer, or the justices of the Peace at their Quarter-Sessions of the Peace, by Action of Debt, Bill, Plaint or Information, or by any other lawful ways or means whatsoever, wherein no Protection, Wager of Law or Essoign shall be allowed. And for the better enabling of the said Master, Wardens, Assistants, and Commonalty of Silkthrowers and their Successors in their Government; Be it further Enacted by the Authority aforesaid, That all and every person and persons whatsoever, now using or exercising as Masters the said Art, Every person using the trade in London and Westminster shall enter himself of the said corporation. And be subject to the laws & orders thereof. The penalty. Trade or Mystery, or such as have served as Apprentices to the said Trade by the space of seven years at the least, within the said Cities of London and Westminster, and the several Suburbs thereof, or within twenty mile's compass of them or either of them, shall before the twenty fifth day of December, which shall be in the year of our Lord one thousand six hundred sixty and two, be admitted, and are hereby enjoined to enter themselves into the said Society or Corporation, and to perform, and be subject and obedient to all such Statutes, Laws, Orders, Ordinances and Constitutions as are or shall be made or ordained for, or concerning the Exercise, Regulation or Government of the said Art, Trade or Mystery, or of any person or persons using or exercising the same, upon pain of forfeiture of the sum of forty shillings for every month he or they shall use or exercise the said Trade, after the said twenty fifth day of December, One thousand six hundred sixty and two; the one moiety thereof to the use of his said Majesty, his Heirs and Successors, and the other moiety thereof to such person and persons as shall sue for the same in any the Courts of Record within this Realm of England, or before any the justices of Oyer and Terminer, or the justices of Peace at their Quarter-Sessions of the Peace, by Action of Debt, Bill, Plaint or Information, or by any other lawful ways or means whatsoever, wherein no Protection, Wager of Law or Essoin shall be allowed. Provided, That such Laws, Orders, Ordinances and Constitutions so made, or which shall be made, be not contrary, but agreeable with the Laws and Statutes of this said Realm, and the Customs of the said City of London. The power of the masters, wardens and assistants. And be it further Enacted by the Authority aforesaid, That the said Masters, Wardens, Assistants and Commonalty, and their Successors shall, and may have and enjoy, and that it shall and may be lawful to and for them, from time to time, and at all times hereafter, to do, perform and execute, within the said Cities of London and Westminster, and the several Suburbs thereof, or within twenty mile's compass of them or either of them, all such grants, powers, privileges 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 Silkthrowers, 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 falsely purloined, imbezeled, pawned, sold and detained, to the great damage, and sometimes 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 falsely, 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 journeyman 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 justices 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 empowered 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 recompense and Satisfaction for such their Damage and Loss and Charges thereabouts, as by the said justice or justices, 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 recompense or satisfaction for the said Offence, nor do make Recompense or Satisfaction for the same Offence or Offences within fourtéen days next after such conviction in such manner and form, as by the justice or justices or Chief Officers shall be ordered and appointed as aforesaid, than 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 justice or justices 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 justice or justices 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 purloining any such Silk as aforesaid. Provided always, What persons may be employed not having served as apprentices. that it shall and may be lawful to and for any Freeman of the said Company of Silkthrowers, to set on work and employ any person or persons, being native Subjects to his Majesty and no others, whether they be men, women or children, to turn the Mill, tie 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 employed in the works and services aforesaid, shall not have served or been 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 employed by any Freeman of the said Company in the works and services aforesaid, shall and may be employed by any Freeman 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 Silkthrowers shall not by virtue 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 enforce their members to work at; but that their respective members shall be left at liberty to contract with their respective Employers, and also with the persons that they employ at such rates, as they and their employers, and the persons employed 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 King's Majesty, and their Accounts are not pardoned, but excepted by the late Act of Free and General Pardon, Indemnity 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 Majesty's 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 King's Majesty according to the Statute of the three 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 his Majesty's Exchequer before the four and twentieth of June, one thousand six hundred sixty and two, and have or shall have notice thereof by Process out of the Court of Exchequer or otherwise served upon his person, or left at his house or last known place of Habitation before the nine and twentieth of September, one thousand six hundred sixty and two, and shall not before the first day of Easter Term than next ensuing, perfect their Accounts touching the said Charge, that then the Charge against all and every such person or persons shall be taken as a Debt by Writing Obligatory or Recognizance taken and acknowledged to the King's Majesty, according to the Statute aforesaid; and that in both the said Cases, Process shall be awarded as is used for recovery of debts due to his Majesty, according to the Statute as aforesaid, against him or them, and against all and every their Sureties not pardoned or discharged by the said Act of Oblivion, and his and their respective Lands, Tenements, Goods and Chattels, and Debts; and the said Charge to continue in force only until the Accounts shall be perfected, and the Accountants discharge them thereof in due manner in the said Court of Exchequer, with such allowances as are given by the said Act of Oblivion, and until payment made unto his Majesty of all such sums of money as shall be found due upon the determination of his or their Accounts. CAP. XVII. Relief of Collectors of Public Moneys, and their Assistants and Deputies. 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 now assembled, and by Authority of the same, Collectors & others employed in levying money by virtue of any Act of Parliament being sued, may plead the general issue. That all Collectors and other Persons who have levied or Collected, or shall Levy or Collect any sum or sums of money, or other act done, or shall do in order to the same, by virtue of any Act of Parliament now in force, or of any other Act, Order, or Ordinance allowed to be put in Execution by any such Act of Parliament as aforesaid; and who is, or shall be sued for, or concerning the same, by any other than the King's Majesty, his Heirs and Successors, he, and they may plead the General Issue, and thereon give the special matter in evidence for his excuse and justification: And that all and every person or persons already sued or impleaded for any the Causes aforesaid, may notwithstanding any plea, or demurrer already made by any such Defendant, have liberty to change such his Plea, and to plead the General Issue, if he shall think fit so to do. Provided always, that neither this Act, nor any thing therein contained, shall extend, or be construed to extend to authorise the levying or collecting of any sum or sums of money, which are pardoned by the late Act, 12 Car. 2. c. 11 Entitled, An Act of Free and General Pardon, Indemnity, and Oblivion. CAP. XVIII. Exporting of Sheep, Wool, Woolfells, Mortlings, Shorlings, Yarn made of Wool, Woolflocks, Fullers-Earth, Fulling-Clay, and Tobacco-pipe-Clay; Prohibited. WHereas against the Laws of this Kingdom great number of Sheep, and great quantities of Wool, Wool-fels, Mortlings, Shorlings, Yarn made of Wool, Woolflocks, Fuller's Earth, or Fulling-Clay, are secretly Exported, Transported, carried and conveyed out of the Kingdom of England, Dominion of Wales, the Town of Berwick upon Tweed, and Kingdom of Ireland into the Kingdom of Scotland, and into Foreign parts, to the great decay of the Woollen Manufactures, the ruin of many Families, and the destruction of the Navigation and Commerce of the Kingdoms, Town, and Dominion aforesaid, which is like daily to increase if some further remedy be not provided, and further penalties imposed upon the Offenders therein. Be it therefore Enacted by the Kings most Excellent Majesty, by and with the Advice and consent of the Lords Spiritual and Temporal, and Commons in this present Parliament assembled, and by the Authority of the same, That if any person or persons shall from and after the first day of August, Exporting or carrying of sheep, wool, woolfels, mortlings shorlings, yarn woolflocks, Fuller's earth, Fulling clay, out of England, Wales or Ireland. One thousand six hundred sixty and two, directly, or indirectly, Export, Transport, Carry, or Convey, or shall cause to be Exported, Transported, Carried, or Conveyed out of, or from the Kingdom of England, Dominion of Wales, or Town of Berwick upon Tweed, or after the first day of January, One thousand six hundred sixty and two, out of the Kingdom of Ireland, into any parts or places out of the Kingdoms, or Dominion aforesaid, or into the Kingdom of Scotland any Sheep or Wool whatsoever, of the breed or growth of the Kingdoms or Dominion aforesaid, or any Woolfells, Mortlings, Shorlings, Yarn made of Wool, Woolflocks, or any Fuller's Earth, or Fulling-Clay whatsoever, or shall directly, or indirectly pack or load, or cause to be packed or loaden upon any horse, Cart, or other Carriage, or shall load or lay on board, or cause to be loaden or laid on board in any Ship or other Vessel, in any place within the Kingdoms of England or Ireland, Dominion of Wales, or Town of Berwick upon Tweed aforesaid, any such Sheep, Wool, Wool-fels, Mortlings, Shorlings, Yarn made of Wool, Woolflocks, Fuller's Earth, or Fulling Clay, to the intent or purpose to Export, Transport, Carry, or convey the same, or to cause the same to be Exported, Transported, Carried, or conveyed out of the Kingdoms of England or Ireland, the Dominion of Wales or Town of Berwick upon Tweed aforesaid, into the Kingdom of Scotland, or into any Foreign parts, that then every such offence shall be adjudged Felony, Made Felony and the Offender or Offenders being duly Convicted, shall suffer and forfeit as in case of Felony. Aiders and assisters therein shall be adjudged Felons. And be it further Enacted by the Authority aforesaid, That every Owner of any such Ship or other Vessel, & every owner of every horse, Cart, or Carriage, upon which any Sheep, Wool, Wool-fels, Mortlings, Shorlings, Yarn made of Wool, Woolflocks, Fuller's Earth or Fulling Clay, shall be so Exported, Transported, carried, or conveyed as aforesaid, or to any such intent or purpose as aforesaid, knowing thereof, and being wittingly and willingly aiding, assisting, or consenting thereunto, and also every Master and Mariner of or in such Ship or other Vessel, wherein any such Sheep, Wool, Wool-fels, Mortlings, Shorlings, Yarn made of Wool, Woolflocks, Fuller's Earth or Fulling Clay, shall be so exported, transported, carried or conveyed, or loaden or laid on Board as aforesaid, to any such intent or purpose as aforesaid, knowing thereof and being wittingly and willingly aiding, assisting, or consenting thereunto, and also every Factor or servant, or other person whatsoever, and every Customer, controller, Waiter, Searcher, Surveyor, or other Officer or person whatsoever knowing thereof, and being wittingly or willingly aiding, assisting, or consenting thereunto, shall be, and shall be adjudged and taken to be a fellow, and every Offender and Offenders therein, being duly convicted, shall suffer and forfeit as in case of felony. And be it further Enacted by the Authority aforesaid, That every offence, Offences against this Act where to be examined & tried. which shall be done or committed contrary to this Act, shall and may be enquired of, and heard, examined, tried, and determined in the County where such Sheep, Wool, Woolfels, Mortlings, Shorlings, Yarn made of Wool, Woolflocks, Fuller's Earth or Fulling Clay respectively shall be so Packed, laden, or laid on board as aforesaid, or else in the County where such Offender 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 been wholly done and committed in the same County. Provided also, that every Baron and other Péer of this Realm, Peers. which shall be indicted or accused as principal, or accessary in or to any offence made felony by this Act, shall have his, her, or their Trial, by his, her, or their Péers, as in cases of felony at the Common Law. Provided always, and be it Enacted by the Authority aforesaid, None to be impeached, unless within one year next after the offence committed. That no person or persons whatsoever shall at any time hereafter be impeached for any offence made felony by this Act, unless such person or persons shall be thereof indicted within the space of one year next ensuing such offence committed. And forasmuch as great quantities of Wool, Woollen yarn, and Woolflocks are close packed and pressed together with serves, and other unlawful engines into Butts, Pipes, Hogsheads, Chests and other Cask and Vessels, and into Sacks, Bags and other wrappers made of Wool, or Linen, and under colour of Bales, Sacks, Bags, Packs, and Casks of other Goods, and otherwise, great quantities of the same are daily loaden on board of Ships or other Vessels, and so are carried, conveyed, exported and transported out of the Kingdoms, Town of Berwick, and Dominion aforesaid; and also great quantities are daily carried and laid at, or near the Coasts of the Sea, or some Navigable Rivers, into Storehouses and Barns, and by night are laid on board of Shallops and other Vessels belonging to Aliens, and so carried and exported out of the Kingdoms, Town of Berwick, and Dominion aforesaid; Be it therefore Enacted by the Authority aforesaid, That from and after the said first day of August, Scrues and unlawful Engines for pressing together of wool, not to be used. no person or persons shall press together with any Scrues, Presses or other Engines, into any Sack, Pack, Bag or other wrapper, or shall put, press, pack or stean any Wool whatsoever, or any Yarn made of Wool, into any Butt, Pipe, Hogshead, Chest or any other Cask or Vessel, upon any pretence whatsoever, or shall carry or lay, or cause to be carried or laid at or near the Shore or Coasts of the Sea, or of any Navigable River, or into any house or place near adjoining thereunto, any such Wool, Woolflocks, or Yarn made of Wool, with intention to export, transport, carry or convey the same out of the Kingdoms of England or Ireland, Town of Berwick upon Tweed, or Dominion of Wales, into the Kingdom of Scotland, or into any Foreign parts, under the penalty of the loss and forfeiture of all such Wool, The penalty. Woolflocks, and Yarn made of Wool, as shall be so packed or pressed, or put or laid into Cask, or carried and laid near to the Seashore, or to any Navigable River as aforesaid, or the value thereof. And whereas great quantities of Fuller's Earth or Fulling Clay, Fulling clay, Tobacco-pipe clay not to be exported. are daily carried and exported under the colour of Tobacco-pipe Day, Be it therefore Enacted by the Authority aforesaid, That no Tobacco-pipe Day shall from and after the first day of August, One thousand six hundred sixty and two, be exported, transported, carried or conveyed out of or from the Kingdom of England, Town of Berwick upon Tweed, or after the first day of January, One thousand six hundred sixty and two, out of or from the Kingdom of Ireland, or the Dominion of Wales, The penalty. into the Kingdom of Scotland, or into any Foreign parts, or into any Port or place out of the Kingdoms or Dominion aforesaid, under the penalty of three shillings for every pound of Tobacco-pipe Day which shall be exported or transported contrary to this Act. And be it further Enacted by the Authority aforesaid, That from and after the first day of August, One thousand six hundred sixty and two, no Packs, Sacks, Bags, or Cask of any Wool, Packs of wool woolfels etc. shall not be carried but in the day time. Wool-fels, Mortlings, Shorlings, Yarn made of Wool, Woolflocks, Fuller's Earth, Fulling Clay or Tobacco-pipe Day, shall be laid or loaden on any horse, cart or other carriage whatsoever, or shall be carried or conveyed by land to or from any place or places within the Kingdom of England, Town of Berwick, or Dominion aforesaid, nor after the first day of January, One thousand six hundred sixty two in the Kingdom of Ireland, but in the day time, and at seasonable hours, (that is to say) from and after the first day of March to the nine and twentieth day of September yearly, between the hours of four of the clock in the morning, and eight of the clock in the evening, and from the nine and twentieth day of September, to the first day of March yearly, between the hours of seven of the clock in the morning, and five of the clock in the evening, The penalty. under the penalty of the loss and forfeiture of all such goods or the value thereof, the one moiety of all which forfeitures mentioned in this Act, to be to the use of the King, his Heirs and Successors, and the other moiety to him or them that will sue for the same by Action of Debt, Bill, Plaint or Information, in any Court of Record, in which no Essoign, Protection or Wager of Law shall be admitted or allowed. Provided nevertheless, Proviso concerning the Act. That this Act or any thing therein contained shall not extend or be construed to extend to repeal, disannul and make void any the Penalties, Clauses, or Prouisoes mentioned in one Act of this present Session of Parliament, made against the transportation of Wool, Wool-fels, Fuller's Earth, or any kind of Scouring Earth, 12 Car. 2. c. 32 13 Car. 2. c. 14 or to the prohibiting of the loading on board of any Ship or Vessel, of any Weather-sheep, Wool, Woolflocks or other goods mentioned in this Act, that by the aforesaid Act is permitted to be loaden on board of any Ship or Vessel, for the necessary use or provision of such ship or vessel as aforesaid, Any thing in this Act contained to the contrary in any wise notwithstanding. Proviso for owners of ships that have offended and shall first discover the same. Provided always, That if any Owner of any Ship or Vessel, or any Master or Mariner knowing of such transportation of such sheep, wool, woolfels, mortlings, shorlings, yarn made of wool, woolflocks, Fuller's earth, Fulling clay, or Tobacco-pipe clay, shall within three month's next after the knowledge thereof, or after his return into the Kingdom of England or Ireland, or into the said Town of Berwick, or Dominion of Wales aforesaid, give the first information bona fide before any of the Barons of either of the Courts of the Exchequer in England or Ireland for the time being, or before the head Officer of any Port where he shall first arrive, upon his or their Oath, of the number and quantity of the goods mentioned in this Act, so carried, conveyed, and transported, and by whom, where, and in what ship or vessel, and afterwards shall be ready upon reasonable warning by Process to justify and prove the same, that then such Owner and Owners, Master, Mariner and Mariners shall not be punished for felony by virtue of this Act, but shall nevertheless be subject to all other penalties and forfeitures in this or any other Act contained, for the Offence aforesaid; and all such Exportation, Transportation, carrying or conveying of any the goods, Common nuisance. Who may hear and determine the said offences. wares or commodities in this Act mentioned, is hereby declared and adjudged to be a common and public Nuisance. And for the better execution of this Act, be it further Enacted, that all justices of Assize, justices of Goal-delivery, and justices of Peace shall inquire of all the premises in their General Quarter-Sessions, and hear and determine the same; and that all Mayors, Bailiffs, and other head Officers of Cities, Burroughs, and Towns, not having jurisdiction to try felony, shall inquire of all and every Offence within this Act not made felony, and hear and determine the same. CAP. XIX. Importing of Foreign Wool-cards, Cardwire, or Iron-wire, prohibited. WHereas by the Acts of Parliament made in the third year of King Edward the fourth, and the nine and thirtieth year of Queen Elizabeth, 3 E. 4. ca 4. ●9 El. c. 14. and several other Statutes before that time made; It is Enacted (amongst other things therein contained) that no Cards for wool, nor Iron thread (commonly called white wire) shall be Imported, sent or conveyed into this Realm of England, wherein the best Iron thread, or wire for making wool-cards is made, and by the said manufacture of making, and drawing of wire, and wool-cards, very many poor people of this Kingdom and their families have been employed and maintained, and the wool-cards made thereof are of great concernment to this Kingdom for the good making of woollen Cloth; And whereas contrary to the said Statutes, not only much Foreign Cardwire, but also Foreign wool-cards have been in these late times Imported into this Kingdom, and also within the same many old wool-cards are by ill disposed persons (for their private lucre) bought up, and the old Iron-wire of the said old wool-cards (being very weak, and insufficient for the well carding of wool) is put into new leather and new boards, and so uttered and sold to ignorant people for new wool-cards, to their great detriment and the indamaging of their work, carding of wool, and the cloth made thereof; By all which, very great inconveniencies have been found by experience of Clothiers in their making of English Cloth, which is lately much debased and decayed, and wherein this Nation is greatly concerned to uphold and encourage the well making thereof in and by all ways and means in any wise conducible thereunto; Be it therefore Enacted by the Kings most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and the Commons assembled in Parliament; No Foreign wool-cards, cardwire or iron wire for wool-cards may be imported. And it is hereby Enacted by the Authority aforesaid, That no Foreign wool-cards or Foreign Cardwire, or Iron-wire, for making of wool-cards be Imported into this Kingdom of England, Dominion of Wales, or any parts thereof, nor used within the same, nor any Cardwire taken out of old Cards be from henceforth put into new leather and new Card-boards, nor any such wool-cards made thereof be put to sale, upon the pains, penalties, and forfeitures hereafter following (that is to say) Every person or persons who shall import, or bring any Foreign wool-cards, or Foreign Cardwire, or Iron-wire, for making of wool-cards into this Kingdom of England, The penalty. Dominion of Wales, or any parts thereof, or make any wool-cards of any such old Cardwire as aforesaid, or put the same to sale, shall forfeit the said wool-cards and Cardwire or Iron wire for making wool-cards or the value thereof, if the same be not seized, the one half part thereof to the King's Majesty, and the other half part thereof to such person or persons who shall first seize or sue for the same by Action of Debt, Plaint, Bill, Information, or Indictment in any of his Majesty's Courts of Record at Westminster, or within the County, City, Burrough or Town Corporate where such offence shall be committed, wherein no Essoign, Protection, Wager of Law or Injunction shall be allowed or admitted. Proviso for amending of old wool-cards. Provided always, That this Act shall not extend to hinder the Owners of any wool-cards, to cause them to be amended for their own use, or to transport or sell (for Transportation only) any their old overworn wool-cards, in any parts beyond the Seas out of his Majesty's Dominions. CAP. XX. Provision of Carriage by Land, and by Water, for the use of His Majesty's Navy and Ordnance. WHereas by an Act Entitled, An Act for taking away the Court of Wards and Liveries, 12 Car. 2. cap. 24. and Tenors in Capite, and by Knight's Service, and Purveyance, and for settling a Revenue upon His Majesty in lieu thereof, It was amongst other things Enacted, for the reasons and recompense therein expressed, That from thenceforth no Person or Persons by any Warrant, Commission, or Authority under the Great Seal, or otherwise, by colour of buying, or making provision or purveyance for his Majesty, or any Queen of England for the time being, or of any the Children of any King or Queen of England that shall be, or for his, their, or any of their Household, shall take any Cart, Carriage or other thing whatsoever of any the Subjects of his Majesty, his Heirs or Successors, without the free and full consent of the Owner or Owners thereof, had and obtained, without Menace or Enforcement, nor shall summon, warn, take, use or require any of the said Subjects to furnish or find any Horses, Oxen, or other , Carts, Ploughs, wains, or other Carriages, for the use of his Majesty, his Heirs or Successors, or of any Queen of England, or of any Child or Children of any of the Kings or Queen's of England for the time being, for the carrying the Goods of his Majesty, his Heirs or Successors, or the said Queen's, or children, or any of them, without such full and free consent as aforesaid, Any Law, Statute, Custom, or Usage to the contrary notwithstanding: Be it notwithstanding Enacted by the Kings most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and the Commons in this present Parliament Assembled, and by the Authority of the same, That from and after the Four and twentieth day of June, in the year of our Lord, How carriages shall be provided for his Majesty's Navy and Ordnance. One thousand six hundred sixty and two, as often as the Service of his Majesty's Navy, or Ordnance, shall require any Carriages by Land within the Kingdom of England, and Dominion of Wales, and Town of Berwick upon Tweed, upon notice given in writing by Warrant under the hand and seal of the Lord High Admiral of England for the time being, or under the hands and seals of two or more of the principal Officers or Commissioners of his Majesty's Navy, or under the hand and seal of the Master of his Majesty's Ordnance for the time being, or under the hand and seal of the Lieutenants of his Majesty's Ordnance, for the providing of Carriages for the respective service of the Navy or Ordnance, unto two or more justices of the Peace dwelling near unto the place where the said justices of the Peace may, and shall immediately issue forth their Warrants to such of the adjacent Parishes, Hundreds or Divisions, as they shall judge fit within their respective Counties and Divisions, not being above Twelve Miles distant from the place of lading, for the sending to a certain place, and at certain times (to be specified and appointed in the said Warrants) such numbers of Carriages with Horses or Oxen sufficient for the said service, as by the Lord high Admiral of England for the time being, or by the Master or Lieutenant of his Majesty's Ordnance for the time being, or by the principal Officers or Commissioners of his Majesty's Navy respectively as abovesaid, shall be by writing under their hands and seals required; the Owners of which Carriages, or their Servants, The rates allowed for carriages. shall receive for every Load of Timber per mile, one shilling, for every reputed mile which they shall go laden; and for other Provisions, the sum of eight pence per mile for every Tun they shall carry. And be it further Enacted by the Authority aforesaid, That it may and shall be lawful for the Lord High Admiral of England for the time being, by Warrant under his hand and seal, and also for the principal Officers and Commissioners of his Majesty's Navy, by Warrants under the hands and seals of any two or more of them, as also for the Master of his Majesty's Ordnance for the time being, by Warrant under his hand and seal, and also for the Lieutenant of his Majesty's Ordnance, by Warrants under the hands and seals of either of them, as often as the service of his Majesty's Navy or Ordnance respectively shall require any Carriage by Water, Impressing of persons, ships, vessels for carriages. to appoint such person or persons as they shall judge fitting, to Impress and take up such Ships, Hoys, Lighters, Boats, or any other Vessel whatsoever, as shall be necessary for the Accommodation of his Majesties said service; the Owners of which said Ships, Hoys, Lighters, Boats, or other Water-Carriage aforesaid, or such as they shall appoint, shall receive for the hire of every such Ship, Hoy, Lighter, Boat, or other Vessel per Tun, according to the Rates usually paid by Merchants from time to time; And in case his Majesty's Officers, and the Owners of such Ships, Hoys, Lighters, Boats, or other Vessels, shall not agree on the said rates, than the rate to be settled by the Brotherhood of Trinity-house of Deptford-Strand. And be it further Enacted by the Authority aforesaid, Penalty upon such as neglect or refuse. That in case any of his Majesty's Subjects of this Realm shall refuse, or wilfully neglect, after reasonable notice, to make their appearance with such sufficient carriages by Land, or to fit, provide and furnish their Ships, Hoys, Lighters, Boats or other Vessels, for the service of his Majesty's Navy or Ordnance, as is before expressed; or shall, after they have undertaken such service, neglect or delay the same, that then upon due proof and conviction of such refusal or neglect by the Oath of the Constable or other Officer, or two other credible witnesses before the said justices of Peace of the County, or Mayor, or other chief Officer of the City or Corporation, where he or they inhabit (which Oath they shall have power to administer) for the Land-Carriages; and for the Water-Carriages, by the Oath of such person as shall be appointed by the Lord High Admiral, the principal Officers or Commissioners of his Majesty's Navy, the Master of his Majesty's Ordnance, or the Lieutenant of his Majesty's Ordnance, as aforesaid, or other two credible witnesses, before the principal Officers or Commissioners of his Majesty's Navy, or Master or Lieutenant of his Majesty's Ordnance respectively, (which Oath they shall have likewise power to administer) the Party so refusing or neglecting, shall for every such refusal or neglect, forfeit the sum of Twenty shillings for the Land-carriage, and for Carriage by Water, triple the freight of such Ship or Vessel, not exceeding Fifty pounds in the whole, to the King's Majesty's use, to be forthwith levied in default of payment upon demand, by distress and sale of his Goods and Chattels by Warrant from the said justices of the Peace, Mayor, or other chief Officer, or from the principal Officers or Commissioners of his Majesty's Navy, or Master or Lieutenant of his Majesty's Ordnance respectively, (rendering to the Parties the overplus) upon every such Sale (if there shall be any) the charge of distraining being first deducted. The time of continuance in the service. Provided always, that no Horses, Oxen, Cart, Wayn, or other Land-Carriage shall be enforced to Travail more days journey from the place where they receive their lading, or be compelled to continue longer in the employment, then shall be appointed by the Order of the said justices of the Peace, and that ready payment shall be made in hand for the said Carriages at the place of lading without delay, Present payment to be made. according to the aforesaid Rates. Provided always, That in case any justice of the Peace, Mayor, chief Officer, or Constable, or any person or persons, which shall be appointed by the Lord High Admiral, the principal Officers, or Commissioners of his Majesty's Navy, the Master of his Majesty's Ordnance, or the Lieutenant of his Majesty's Ordnance, as aforesaid, respectively, shall take any gift or reward to spare any person or persons, No gifts or rewards may be taken by justices of the Peace to spare any person. from making such carriage by Land, or by Water, or shall injuriously charge or grieve any person or persons through envy, hatred, or evil will, who ought not to make such carriage, or shall impress more carriages than the necessity of the service shall require, or then he shall be commanded to impress by his Superiors, That then upon due proof and conviction thereof, the party so offending, shall forfeit the sum of Ten pounds to the party thereby grieved, The penalty, and how to be recovered. who may sue for the same to be recovered by Action of Debt, in any of his Majesty's Courts of Record, wherein no Essoign, Protection, or Wager of Law shall be allowed: And in case any person or persons shall presume to take upon him or them to impress any Horses, None may impress other than persons impowered as aforesaid. The penalty. Oxen, wains, or Carriages for Land; or any Ships, Hoys, Lighters, Boats, or other Vessel, for the service of his Majesty's Navy or Ordnance, other than the Persons so impowered as aforesaid, than he or they so offending, shall upon due conviction of the said offence incur and suffer the punishment in the first recited Act. Ships and vessels freighted by charter-party exempted. Provided always, and be it Enacted, That no Ship, Hoy, Bark, or any other Vessel whatsoever, that shall be really, and bona fide, freighted by Charter-Party, if there be other Vessels in the Port fitting for the Service, nor any Vessel quarter laden with any Goods, Wares or Merchandises outward bound, shall be liable to be Impressed for any the Services aforesaid; Any thing in this Act to the contrary notwithstanding. The continuance of this Act. Provided, That this Act, and the Powers therein contained, shall continue and be in force, until the end of the first Session of the next Parliament, and no longer; Any thing herein contained to the contrary in any wise notwithstanding. Inhabitants of the new Forest of Southampton. Provided nevertheless, That in regard of the more than ordinary charge and burden which the Inhabitants of New-Forest in the County of Southampton, will be liable unto, by reason of the great quantities of Timber usually felled and carried thence for the use of His Majesty's Navy; It shall and may be lawful for the justices of the Peace, who shall by Warrant summon the Carts and Carriages within the Division of the New-Forest in the County of Southampton aforesaid, to have power (as to the Carriage of Timber only) to allow as aforesaid to the several Owners of such Carts and Carriages, not exceeding Four pence per mile, for so many miles as any Cart or Carriage so summoned shall go empty to the place of its lading; Any thing in this Act contained to the contrary in any wise notwithstanding. CAP. XXI. For preventing the unnecessary Charge of Sheriffs, and for ease in passing their Accounts. WHereas the Office of Sheriff as well by reason of the great and unnecessary Charges in the time of Assizes, and other public meetings, as by the tedious attendance and charge of Sheriffs in passing of their Accounts in the Exchequer, hath of late years been very burdensome to the Gentry of this Your Realm, who in the late times of Tyranny and Oppression have been great Sufferers, and thereby much Impoverished in their Estates and Fortunes, for remedy wherein Your Majesty's most Loyal Subjects, the Knights, Citizens and Burgesses assembled in Parliament, do most humbly beseech Your most Excellent Majesty, that it may be Declared and Enacted, And be it Declared and Enacted by the Kings most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and the Commons in this present Parliament assembled, and by the Authority of the same, That no Person or Persons being duly sworn into the Office of Sheriff, for any County or Shire within this Your Majesty's Realm, shall from and after the First day of February next ensuing, Sheriffs at the Assizes may keep no tables for others then of their own Family and Retinue. Nor make no present or gift to any judge of Assize. The number of Servants with Liveries in England. Wales. Penalty of 200 l. in the time of the Assizes held for the said County or Shire during his or their Sherifalty, keep, or maintain, or cause to be kept or maintained one or more Table or Tables, for Receipt or entertainment of any person or persons resorting to the said Assizes, other than those that shall be of his own Family or Retinue; nor shall make, or send in any Present to any judge, or judges of Assize for his, or their provision, nor give any gratuity to his or their Officers or Servants, or any of them; And also that no Sheriff shall after the said first day of February have more than Forty Man-servants with Liveries, attending upon him in the time of the said Assizes, nor under the number of Twenty Man-servants in any County whatsoever within the Kingdom of England, nor under the number of Twelve Man-servants in any County within the Dominion of Wales, upon pain that every Sheriff offending in any of the premises contrary to the true meaning hereof, shall forfeit for every default the sum of two hundred pounds. Provided that nothing before in this Act contained shall in any wise extend unto, Proviso for Sheriffs of London, Middlesex, Westmoreland, and Cities & Counties. or any ways concern the Sheriffs of the City of London and Middlesex, and the Sheriff of Westmoreland, or either of them, or any of the Sheriffs of or belonging to any City and County, or Town and County within this Realm; but that the same Sheriff or Sheriffs shall, or may do as heretofore hath been used or accustomed within the said County of Middlesex, and Cities of London and Westminster, and such other Cities and Counties, or Towns and Counties aforesaid; Any thing herein before contained to the contrary in any wise notwithstanding. How Sheriffs shall be eased in passing their accounts in the Exchequer. And to the end that Sheriffs may for the time future be eased of the great charge and trouble which they heretofore have been put to in passing their Accounts in the Exchequer, occasioned partly in regard that divers sums of money have stood charged upon them in gross, without expressing from what persons, for what cause, or out of what Lands or Tenements the same are to be particularly levied, or out of what particulars the said sums in gross do arise (whereby it cometh to pass that the said Sheriffs do still stand charged in gross with divers sums of money, which were heretofore payable by Abbots, Priors, persons attainted, and such other persons, whose Estates have since come to the Crown, or are otherwise discharged or illeviable) and partly by the Account of Seizures or Foreign Account, and by the exaction of undue Fees of Sheriffs upon their apposal concerning the same. For the preventing whereof, and for the future ease of Sheriffs in passing their Accounts; 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 account 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 account 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 Process 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 Accounts out of the Issues and Profits arising out of the Premises so seized; and no Sheriff or Sheriffs for this persent year, One thousand six hundred sixty and one, Sheriff's shall not answer illeviable seizures, Farm, Rents, etc. nor any Sheriff or Sheriffs to be hereafter made or appointed within this Kingdom of England shall be charged in account to answer any illeviable Seizure, Farm, Rent, or Debt, or other Seizure, Farm, Rent, Debt, matter, or thing whatsoever which was not writ in Process 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 Sheriff's account. 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 Accounts 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 Sheriff's accounts without further Order, Plea, Petition, or other Charge to any Sheriff or Sheriffs whatsoever; And that no Process 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 passed; 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, until 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 Process within convenient time; Be it also Enacted and Declared, That the aforesaid several Remembrancers do forthwith inrol and certify to the said Engrosser of the great Roll, all such Debts as any Sheriff or Sheriffs of this Realm are, or hereafter shall be charged withal, either by virtue of their respective Retorns made to the Barons of the said Exchequer upon his Majesty's Writs of Fieri facias, Levari facias, Capias, or other Process; 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 Sheriff's Accounts 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 moiety shall be to the King, his Heirs and Successors; and the other moiety to the party or parties who shall be thereby aggrieved, to be recovered by Action of Debt, Bill, Plaint, or Information, in any of his Majesty's Courts at Westminster, wherein no Essoin, Protection, Privilege 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 Sovereign Lord King James over England; 21 Jac. cap. 5. It was provided, That whensoever any Sheriff upon passing his Accounts, 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 accounted for within the said Account, whereupon he had his Quietus est, unless such Sheriff should be called in question for such sums of Money so pretended to be Levied, and not Accounted for within four years after the time of such Account, and Quietus est; which Act notwithstanding, divers Sheriffs and their Heirs, upon such pretences, have been molested and troubled many years after their Accounts and Quietus est, and have had Process sent out against them, contrary to the true intent and meaning of the said Act; It is hereby further Provided and Enacted, That when any Sheriff or Sheriffs within the Kingdom of England, or Dominion of Wales, upon passing their Accounts, shall have their Quietus est, that then such Sheriff and Sheriffs, their Heirs, Executors and Administrators, Lands, Tenements, Goods and Chattels shall be thereby absolutely discharged of all manner of sum or sums of Money whatsoever by them Levied and Received, notwithstanding any such pretence that the same were not accounted for, or other pretence whatsoever, unless such Sheriff or Sheriffs shall be called in question, and that judgement shall be given against him or them for the same, within four years' next after such Account, or Quietus est; and that every Officer or Minister by whom, or by whose default any Writ or Process contrary to this Act shall be sent out, shall incur the like Forfeitures and Penalties to be recovered and inflicted by such persons, and in such manner, as by the aforesaid Act is provided. Provided always, That this Act or any thing therein contained, shall not extend to the Counties of Chester, Chester, Lancaster, Durham, Wales. Lancaster, Durham, or the Counties in Wales, being County-Palatines, as to their manner of accounting; but that the Sheriffs therein shall account as formerly before the respective Auditors only, and not elsewhere. Proviso touching the King's Remembrancer. Lord Treasurers, Remembrancer. Provided, That this Act or any thing therein contained, shall not extend to enjoin His Majesty's Remembrancer, or the Lord Treasurer's Remembrancer, to transcribe and deliver to the Engrosser of the great Roll, any Inquisitions or Seizures, but such as have been formerly charged in the Foreign Accounts of the Sheriffs; but for all Inquisitions upon Attainders, or other Forfeitures to the Crown, the same shall be put in charge as heretofore they have been, according to the constant usage and Decree of the Court of Exchequer: Nor shall this Act, or any thing therein contained, extend to exclude His Majesty's said Remembrancer, of, or from the writing forth Process for, or upon any His Majesty's Debts, Duties, Outlawries, or other charge whatsoever, or Process of Levari facias, at the prosecution of any person or persons, to levy the Issues or Profits of any Lands or Tenements seized, or to be seized into the King's hands, or Process of Venditioni exponas for Goods seized, or to be seized upon any Debt to His Majesty, His Heirs or Successors, or upon any Outlawry, or to alter or change the Plead, or other Proceed heretofore used and accustomed in the said Office upon any Plead, touching the said Debts, Duties and Seizures, or any of them whatsoever; And that no Debt, Duty, Fine, Amerciament or Seizure whatsoever, which shall be charged in the said great Roll of the Pipe upon any person whatsoever, by, or from any Record, Process or Proceeding had, made, filled, or recorded in the Office of His Majesty's Remembrancer of his Exchequer, nor any Process or Proceeding thereupon to be had or made, by virtue of this Act, shall be respited, stayed, mitigated, extenuated, compounded, or otherwise discharged, but by Order, Warrant or judgement made, filled or entered in the said Office of His Majesty's Remembrancer, where the original of such Debt, Duty or Charge, as aforesaid, is, and remaineth; And that in case any Process of Summons of the Pipe have been, or shall be awarded for, or upon any such Debt, Duty, Fine, Amerciament, or Seizure whatsoever, and the same Debt, Duty, Fine, Amerciament, or Seizure shall not, upon such Summons of the Pipe, be levied or answered unto His Majesty, That then the Clerk of the Pipe, or Engrosser of the Great Roll, shall the next Term after the return of such Summons, certify the same in a Schedule into the Office of His Majesty's Remembrancer aforesaid, to the end, that further Process may be from thence written forth, for the Levying and Answering thereof; And that this Act, or any thing therein contained, shall not extend unto, nor be construed to be prejudicial to His Majesty's Remembrancer in His Exchequer, in any just, ancient and lawful Fees by him claimed, or belonging, or incident to His Office, and usually had and received by him or his Predecessors; Any thing in this Act contained to the contrary in any wise notwithstanding. The conttnuance. This Act to continue to the end of the first Session of the next Parliament, and no longer. CAP. XXII. For Preventing of Theft and Rapine upon the Northern Borders of England. Whereas a great number of Lewd, Disorderly, and Lawless Persons, being Thiefs and Robbers, who are commonly called Moss-Troopers, have successively for many and sundry years last passed been bred, resided in and frequented the borders of the two respective Counties of Northumberland and Cumberland, and the next adjacent parts of Scotland, and they taking the opportunity of the large waste Grounds, Heaths and Mosses, and the many intricate and dangerous Ways and By-paths in those parts, do usually, after the most notorious Crimes committed by them, escape over from the one Kingdom into the other respectively, and so avoid the hand of justice, in regard the Offences done and perpetrated in the one Kingdom cannot be punished in the other. And whereas since the time of the late unhappy distractions, such Offences and Offenders as aforesaid, have exceedingly more increased and abounded, and the several Inhabitants of the said respective Counties have been for divers years last passed necessitated at their own free and voluntary charge to maintain several Parties of Horse for the necessary defence of their Persons, Families, and Goods, and to the end the aforesaid evil and pernicious members might be apprehended and brought to judgement; And whereas the most part of the Inhabitants of the said Counties being more remote from the Borders than other parts, and consequently not so much exposed to imminent dangers as others, are therefore unwilling to contribute their proportionable parts of the aforesaid Charge, and yet notwithstanding it cannot probably or possibly be avoided, but that those Inhabitants of the respective Counties who hold themselves most secure, must certainly sustain much damage and detriment in their Goods and Estates, in case the aforesaid Moss-Troopers be not timely suppressed, but suffered to grow numerous, strong and potent, which they must needs do in case there be no restraint upon them; 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 thereof, that from and after the Feast of St. Michael the Archangel, which shall be in the year of our Lord, One thousand six hundred sixty and two, for, and during the term of Five years next ensuing the date of this present Act, it shall and may be lawful for the respective justices of Peace of the said respective Counties, or the major part of them at any General Sessions of the Peace to be holden for the said Counties respectively on the behalf of the said Counties, or either of them from time to time, as they shall see occasion, to make an Order in open Court of Sessions for charging, according to their several Proportions, all, and every the several Inhabitants of the said respective Counties for the safeguard and securing of the said several Counties and Inhabitants thereof from all injury, violence, spoil, and rapine of the Moss-Troopers aforesaid. Provided, That the said County of Northumberland be not by force of this Act at any time charged above the sum of Five hundred pounds in the year; nor the said County of Cumberland charged above the sum of two hundred pounds in the year: And for this end and purpose, the said several justices of Peace of the respective Counties aforesaid, are hereby empowered and authorized at any their General Quarter Sessions aforesaid to appoint and employ from time to time, if occasion require, any person or persons to have the Conduct and Command of a certain number of men, not exceeding the number of Thirty men in the County of Northumberland, and Twelve in the County of Cumberland, whereby the Malefactors aforesaid may be searched out, discovered, pursued, apprehended, and brought to trial of the Law. And all and every the said justices of Peace of the respective Counties aforesaid, or the major part of them at any General Sessions of the Peace to be holden for the said Counties, or either of them respectively, are hereby further empowered and authorized by force of this present Act, to make, and issue forth their respective Warrants under their hands for the levying and collecting any sum or sums of money ordered to be paid for, and towards the safeguard and securing of the said Counties respectively as aforesaid; and to give full power to the several Constables and other Officers, to raise, levy, and collect the said money, and all and every the Inhabitants of the said several Counties, according to their respective proportionable Estates in Lands or Goods, by Distress and Sale of Goods, rendering the overplus, if there be any, to the respective Owner or Owners: And the said justices of Peace in the said several Counties, or any one of them respectively, are hereby also authorized to examine any Complaint made against the Collectors and Constables, or any other Officers or Ministers of justice whatsoever, or any of them, or any other refractory person or persons whatsoever, that at any time hereafter shall refuse, neglect or fail to give obedience to this Act, or shall do any act or acts in disturbance or obstruction thereof, and to bind over such person or persons to the next Quarter Sessions, according to the known Laws of the Land; to the end such person or persons may be proceeded withal according to justice. And the said respective justices of Peace, as aforesaid, are hereby further Empowered and Authorized on behalf of the said several Counties respectively, to appoint a Treasurer to receive from the said Collectors the Moneys by them Collected, and to pay over the same according to the Orders they shall receive from the said justices at the General Sessions of the Peace to be holden for the said respective Counties: And the said justices are also Empowered to agree and article with such person or persons yearly, as they shall think fit to employ in the said Service, and to take sufficient Security of them for the faithful and most effectual performance thereof, for the best safeguard, advantage and benefit of the people, according to the true intent and meaning of this Act. And in case any person or persons shall in pursuance of this Act be employed in the Border-Service, and shall at any time hereafter wilfully and corruptly, or for any sinister respect whatsoever, neglect or forbear to Discover or Apprehend, or to bring to Trial any of the said persons called Moss-Troopers as aforesaid, and shall be convicted thereof according to Law, he or they shall from thenceforth be disabled, and made uncapable for ever after to manage or take upon him or them the said Employment, and to suffer such Fine and Imprisonment, according to the quality of his or their offence, as the justices of Peace at their General Sessions shall think fit to inflict. Provided nevertheless, and be it hereby Declared, That it shall be lawful for the justices of Peace of either of the said Counties as aforesaid respectively, at any time hereafter, to moderate or lessen the said charge, if they see cause. Provided that this Act shall continue and be in force for five years, and no longer. Provided always, and be it further Enacted by Authority aforesaid, That for better suppression and punishment of the said Moss-Troopers flying out of England into Scotland, or out of Scotland into England, 4 Jac. cap. 1. 7 Jac. cap. 1. the Statutes made in the several Sessions of Parliament, in the Fourth and Seventh years of King James, shall be revived and put in execution according to their true intent, 18 Car. 2. cap. 3. Continued for Seven years from the expiration of this Act. CAP. XXIII. An Additionall Act concerning matter of Assurance used amongst Merchants. WHereas by an Act of Parliament made in the Three and fortieth year of the Reign of Queen Elizabeth of happy memory, 43 El. cap. 12. Entitled, An Act concerning matters of Assurances used amongst Merchants: Encouragement of Merchants and Trade. The Parliament then taking into Consideration, by all good means to comfort and encourage the Merchants of this Kingdom, thereby to advance and increase the Wealth of this Realm, her Majesty's Customs, and the strength of shipping, and for preventing of divers mischiefs in the said Act mentioned; It was Enacted, That it should and might be lawful for the Lord Chancellor, or Lord Keeper of the Great Seal of England, for the time being, to award forth under the Great Seal of England, one general or standing Commission to be renewed yearly at the least, and otherwise so often, as unto the Lord Chancellor, or Lord Keeper should seem meet, for the hearing and determining of Causes arising on Policies of Assurance, such as then were, or then after should be entered within the Office of Assurance of the City of London; which Commissions should be directed to the judge of the Admiralty for the time being, the Recorder of London for the time being, Two Doctors of the Civil Law, Two Common Lawyers, and eight grave or discreet Merchants, or any five of them, which Commissioners, or the greater part of them which should sit and meet, should have full Power and Authority to Hear, Examine, Order and Decree all and every such Cause and Causes, in a brief and summary course without formalities of plead or proceed, with Power to warn Parties to come before them, and to examine upon Oath any Witnesses that should be produced, and to commit to Prison any Person that should wilfully disobey their final Orders and Decrees; And the Commissioners to sit once wéekly upon the Execution of the said Commission, with a liberty in the said Act for any person grieved by any such Sentence or Decree, to exhibit his Bill in Chancery for the re-examination of such Sentence or Decree, as by the said Act, relation being thereunto had, more at large may appear: But forasmuch as by the said recited Act, without five Commissioners there cannot be a Court, and without there be a Court, they cannot proceed in the execution of their Commission, so much as to summon Parties or Witnesses to appear; And in case of neglect or refusal of any Party or Witness to appear, they have no power to punish the delay or contempt with Costs, or otherwise. And it is provided by the said Act, That not any Commissioner, other than the judge of the Admiralty, or the Recorder of London, shall proceed in the execution of such Commission, before he hath taken his Oath before the Lord Maior, and Court of Aldermen, to proceed uprightly and indifferently between party and party, which upon the renewing of the said Commission, often proves a great delay, there being so many Commissioners to be Sworn, and the Court of Aldermen not sitting at sometimes in the year, when the said Commissions have happened to be renewed; And although the said Commissioners upon their final Sentence have power to commit to Prison any person that shall wilfully disobey their said Sentences, or Decrees, yet they have no power to make any Order against the Ship or Goods, which commonly are the things assured, by which Omissions, for want of Power, given by the said Act, the benefits intended by the said Act of Parliament are much retarded, and the mischiefs by the Act endeavoured to be prevented, much increased. For remedy whereof, Be it Enacted and Ordained, And it is hereby Enacted and Ordained 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 from and after the Four and twentieth day of June, which shall be in the year of our Lord, One thousand six hundred sixty and two, it shall and may be lawful, to and for the Lord Chancellor, or Lord Keeper of the Great Seal of England for the time being, Three Commissioners empowered to act. to issue out yearly (or oftener if need require) one standing Commission under the Great Seal of England, thereby impowring and authorising the said Commissioners, or any three of them (whereof a Doctor of the Civil Law, or a Barrister at Law of five years standing at the least, to be always one) to meet and sit, and make a Court, and proceed in all things in the execution of the said Commission, as before by the said Act any Five might have done; And that the said Commissioners, or any such three of them as aforesaid, be and hereby are empowered to Summon Parties and Witnesses to appear, and in case of contempt or wilful delay in the Witnesses, upon the first Summons and tender of reasonable Charges, and in the Parties upon their second Summons, Costs. to punish the Offenders by Imprisonment or Costs for such time, and in such manner, as shall be reasonable, and according to the nature and quality of their offences; And that it shall and may be lawful to and for every such Commissioner, to proceed in the execution of the said Commission, Lord Mayor of London may administer the Oath. having first taken an Oath before the Lord Mayor of the City of London for the time being only, to proceed uprightly and indifferently between party and party; And the said Lord Mayor is hereby Authorized to give such Oath, Any thing in the said Act to the contrary notwithstanding; And that no person shall proceed in Execution of the said Commission, before he be first Sworn before the Lord Mayor of London for the time being, to proceed uprightly and indifferently between party and party, as formerly he should have been before the Lord Mayor, and Court of Aldermen. Be it also Enacted by the Authority aforesaid, That in case the said Commissioners, Commissions out of the Admiralty Court to examine Witnesses beyond Sea. or any such three of them as aforesaid, shall find cause to examine Witnesses beyond the Seas, or any remote parts of his Majesty's Dominions, for the clearing of any doubt or matter before them depending, that in such case by direction of the said Commissioners, or any such three of them, like Commissions or Process shall issue out of the Court of Admiralty, as have formerly been for the purposes aforesaid, returnable before the said Commissioners; And that the said Commissioners, or any such three of them, shall have also power to give and pass their final Sentence, Decree, and Executions, as well against the body of the party evicted, or his goods, as also against the Executors and Administrators of such party so evicted; And to Assess Costs of Suit upon such person or persons, as shall be condemned by the Decree of the said Court as to them shall seem Just. And forasmuch as many Witnesses (as Seamen and others) come and speedily go again to Sea, Witnesses going to see how to be examined before. before a Court can be summoned, by which means the Assured, and Assurers, are many times much damnified; For the preventing of which mischief, Be it also Enacted by the Authority aforesaid, That it shall and may be lawful, to and for any one of the said Commissioners to Administer an Oath to any Witness legally summoned to give testimony, (timely notice being thereof given to the Adverse party, and set up in the Office before such examination) to the end such Witness or Witnesses may be cross-examined. Provided always, That the said Commissioners shall in no case proceed both against person and goods, for one and the same debt; And provided also, Appeal to the Chancery. That any thing in this Act contained shall not in any wise extend to prejudice the appeal to the High Court of Chancery, given or allowed in the said former Act of Parliament. CAP. XXIV. An Act Declaratory concerning Bankrupts. WHereas divers Noblemen, Gentlemen, and persons of quality, no ways bred up to Trade or Merchandise, do oftentimes put in great stocks of money into the East-India Company, or Guiney Company, and the Fishing Trade, and such other public Societies, and receive the proceed of those Stocks sometimes in ready moneys, sometimes in Commodities, which they usually sell for money, or exchange again, by which means the Trade of those Companies is much encouraged, Fishing, and Navigation increased, and the public good of the whole Kingdom very much advanced. 34 H. 8. cap. 4. 13 El. cap. 7. 1 Jac. cap. 15. 21 Jac. ca 19 Notwithstanding which great advantage to the public, there hath been lately some opinion conceived that such persons may, and aught to be made subject to the Statutes provided against Bankrupts; For the better declaring and explaining the Law therein, and to the end such persons may not be discouraged in those Honourable endeavours for promoting public undertake: Be it declared and Enacted by the Kings most Excellent Majesty, with the Advice and Assent of the Lords Spiritual and Temporal, and the Commons in this present Parliament Assembled, and by the Authority of the same, No persons for putting in money to the East-India or Guiney Company, or the Fishing Trade, shall be esteemed a Trader within the Statute of Bankrupts. That no person or persons whatsoever, who have adventured, or put in, or who hereafter shall adventure, or put in any sum or sums of money, in the said East-India Company, or Guiney Company, or into any joint stock, or stocks of money by them or either of them, made or raised, or to be made and raised, for and towards the maintaining and carrying on the Trade by the said East-India Company, or Guiney Company, managed, or to be managed, or who have formerly, or shall hereafter adventure or put in any sum or sums of momey into any stock or stocks of money, for the managing and carrying on of the said Fishing Trade, or the Trade now called the Royal fishing Trade, and shall receive and take his or their part, or dividend of Fish, Goods or Merchandizes in specie, and shall sell, or exchange the same, shall for or by reason only of such adventure of moneys so put into the said East-India Company, or Guiney Company, or into any Stock or Stocks, for and towards the said Fishing Trade, or for, or by reason only of the receiving and taking such Fish, Goods, and Merchandizes in Specie, or selling for money, or exchanging the same again, be Adjudged, Taken, Esteemed or Reputed a Merchant or Trader within any Statute or Statutes for Bankrupts, or be liable to the same. Proviso for other Trading. Provided always, and it is hereby Declared, That every person or persons who shall Trade, Traffic, or Merchandise in any other way or manner, then in the said Royal Fishing Trade, or the Trade managed by the said East-India Company, or the Guiney Company as aforesaid, shall for and by reason of his and their Trading, Traffiquing, and Merchandizing, be liable to Commission and Commissions against Bankrupts, as fully to all intents and purposes, and not otherwise, as if this Act had never been made, Any thing in Act to the contrary notwithstanding. The judgement concerning Sir John Wolstenholme made void. And be it further Enacted, That a Verdict and judgement in Replevin heretofore had, or given in the Term of Easter, in the Year One thousand six hundred fifty three, in the King's Bench, betwixt Phineas Andrews Plaintiff, Richard Woolward, and William Meggs Defendants, whereby Sir John Wolstenholme Knight, an Adventurer in the said East-India Company, was adjudged, and found liable to a Commission of Bankrupts only, for and by reason of a share he had in the joint-stock of the said Company, and a pretended selling for money part of the return which he had in Specie for his said Adventure shall be, and is hereby declared contrary to Law, and is hereby reversed, Proviso for Purchasers in the Case of Sir John Wolstenholme. and made void and null. Provided always, and be it Enacted, That no Act, Sale, or Disposition of any the Lands, Tenements, Hereditaments, Goods, Chattels, Debts, or Credits of the said Sir John Wolstenholme, or any distribution of the same, or of any money heretofore made or done by the Commissioners of Bankrupts, or any claiming under them, or any of them by virtue or colour of any Commission or Commissions taken out against the said Sir John Wolstenholme; and whereof any person or persons is by virtue or colour of, or under any such Act, Sale, or Disposition actually seized or possessed, shall be hereby impeached, or frustrated, but that the same be enjoyed for and toward satisfaction of the Debts, for which the same have been disposed or distributed. CAP. XXV. For Restoring of all such Advowsons', Rectories, Impropriate Gleeb-Lands and Tithes to his Majesty's Loyal Subjects, as were taken from them, and making void certain charges imposed on them upon their Compositions for Delinquency, by the late Usurped Powers. Whereas many Loyal Subjects of our late Sovereign Lord King Charles the First, and of the King's Majesty that now is, were upon pretence of Delinquency for adhering unto, and faithfully serving their said Majesties according to their Duty and Allegiance, enforced and constrained by the pretended power of the Long Parliament, not only to part with great sums of money in satisfaction of the said supposed Delinquency, but likewise to settle all, or part of such Advowsons', Rectories, Gléeb-Land and Tithes, Estates and Terms, as they, or any in trust for them were then seized or possessed of, and to make Grants and Assurances of Rents and Annuities to and upon such Trustées as were appointed by the said Long Parliament, as well for the augmentation of certain Vicarages, as for the use and maintenance of Preaching Ministers and Lecturers, without any valuable consideration given for the same, other than some abatement of those excessive Fines imposed upon them for their pretended Delinquency, and exacted from them by those arbitrary powers, to the impoverishing and undoing of many of the Kings most Loyal Subjects; Be it therefore Enacted by the Kings most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons in this present Parliament assembled, and by Authority of the same, That all Grants, All Estates made by pretended Delinquents of Advowsons', Rectories, etc. for Compositions, made void. Feoffments, Bargains and Sales, Releases, Confirmations, and other Conveyances and Assurances in the Law, of any higher or lower nature whatsoever had, or made by any such pretended Delinquents, their Heirs, Executors or Administrators, or by any person having any Estate or Interest in Law or Equity in Trust for them, or by any other person or persons, having any Estate or Interest jointly, or in common with them, or in Reversion or Remainder after them, to any person or persons, Bodies Politic or Corporate of any such Advowsons', Rectories Impropriate, Gléeb-Lands, Tithes, Estates, Terms, Annuities and Rents, as aforesaid, to, or for the uses aforesaid, as part or in full of their Compositions for such pretended Delinquency as aforesaid, and all Securities touching or concerning the same only, Saving other Rights. be and are hereby adjudged from henceforth null and void in Law to all intents and purposes whatsoever; Saving to all persons other than the said Trustées, and their Heirs, and all claiming under them, all right to the said Rectories and Premises as hath accrued unto them before the Ninetéenth day of May, One thousand six hundred sixty and two. And be it further Enacted by the Authority aforesaid, That all Tenants, Lessées, How Tenants and Lessees under such Estates shall pay their Rents. and Occupiers of all such Advowsons', Rectories Impropriate, Gléeb-Lands, Tithes, and premises so granted, or settled, to or upon such Trustées as aforesaid, for the uses or purposes aforesaid, shall pay all such Rents as shall hereafter grow due and payable to such persons only unto whom the right, and interest of and in the same Advowsons', Rectories, Gléeb-Lands, Tithes and premises before the said Conveyances or Assurances (intended to be annulled and made void by this present Act) did, or should of right belong or appertain. And whereas the said Conveyances and Assurances in and by this Act intended to be made void, were some of them of Estates in Fée-simple, and some of them long Terms for years made to Trustées, Rents and sums appointed for augmentation of certain Vicarages. who redemiled the same at and under such yearly Rents and Sums of Money as were then appointed to be the Augmentation of certain Vicarages, or maintenance for preaching Ministers, since which time, many of the Rectories and Lands so Conveyed and Leased have been absolutely sold, and the Redemises thereof granted and assigned by the Owners thereof, for the benefit of such purchasers; Be it further Enacted and Ordained by this present Parliament, and by the Authority of the same, That the said Purchasers, their Heirs and Assigns shall pay, and the said former Owners of the said Lands and Rectories, their Executors, Administrators and Assigns, shall have, hold, and enjoy the said Rents and sums of Money so reserved (for the Augmentation of the said Vicarages, and maintenance for Preaching Ministers) upon the said several Redemises, and shall have the same, and the like remedies by Distress, or by Action of Debt for the recovery thereof, as the said Trustées who Redemised the same should, or might have had, if this Act had not been made. CAP. XXVI. Abuses committed in the Weight and false Packing of Butter, Reform. FOrasmuch as Butter is one of the principal Commodities of the product of this Kingdom, and is not only of an universal use & Expense at home, The Contents of a Kilderkin of Butter. but very great quantities thereof are Transported beyond the Seas; And whereas, by Custom time out of mind used, every Kilderkin of Butter ought to weigh One hundred thirty and two pounds gross at the least, that is to say, One hundred and twelve pounds of Neat Butter, and the Cask Twenty pounds; The Firkin. The Firkin of Butter ought to weigh Sixty and four pounds, viz. Fifty and Six pounds of good & Merchantable Butter Neat, and the Cask Eight pounds; And the Pot of Butter ought to weigh Twenty pounds, The Pot. viz. Fourtéen pounds of good and Merchantable Butter Neat, and the Pot Six pounds: And whereas great Complaint hath been made by the Traders in Butter and Cheese, That by the Fraudulent dealing and practice of several Farmers, Owners, and Packers of Butter, and by their irregular manner of weighing with Stones, Iron Wedges, Bricks, and other unwarrantable Weights, the same quantities of Butter are not put up into the respective Cask and Pots aforesaid, and the Kilderkin is Commonly made to weigh Six and twenty pounds, and sometimes Eight and twenty pounds, and the Firkin to weigh Ten pounds or Twelve pounds, and sometimes Thirtéen or fourtéen pounds weight, and the Pots are made generally to weigh Seven pounds, and some of them Eight pounds or Nine pounds' weight, and much bad and decayed Butter is mixed and Packed up into Kilderkins, Firkins, and other Cask, and Pots, with sound and Good Butter, and immoderate quantities of Salt intermixed to the spoil of the same, and to the great wrong and abuse of his Majesty in the Victualling of His Navy, of Merchants in the Victualling of their Ships, and of all Traders in the said Commodity, and of all Householders who buy the same for their expense, and to the great dishonour of the English Nation, in the parts beyond the Seas, and to the bringing of the said Commodity into great disrepute abroad, whereby it yields not that price, nor is vented there, in such quantities, as otherwise it would. For remedy whereof, Be it Enacted by the Kings most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, A Kilderkin of Butter shall contain 112, l. besides the Cask. and Commons in this present Parliament Assembled, That from and after the First day of June, which shall be in the year of our Lord, One thousand six hundred sixty and two, every Kilderkin of Butter do and shall contain One hundred and twelve pounds Neat, or above, every pound containing sixtéen Ounces besides the Tax of the Cask, The Firkin 56. l. and not less, of good and Merchantable Butter: Every Firkin and Butter do and shall contain Fifty six pounds Neat or above, besides the weight of the Cask, of good and Merchantable Butter; and every Pot of Butter do and shall contain fourtéen pounds Neat, or above, besides the weight of the Pot, The Pot 14. l. of good and Merchantable Butter: And that no Butter which is Old or Corrupt shall be mixed or packed up into any Kilderkin, Firkin, or other Cask, Vessel or Pot whatsoever with any Butter which is New and Sound, No old Butter shall be mixed with new. nor any Whay-Butter shall be packed or mixed with any Butter that is made of Cream, but that the said respective sorts of Butter shall be packed up severally and apart by themselves, and shall not be mixed one with another, and that every Cask or Pot of Butter shall be of one sort and goodness throughout such Cask and Pot, Nor Whay-butter. and that no Butter shall be salted with any great Salt, but that all Butter shall be salted and saved with small Salt, nor more Salt shall be intermixed with it, then shall be needful for its preservation, The penalty. upon pain and penalty that every Owner, Farmer or Packer of Butter not putting up in each Kilderkin, Firkin and Pot of Butter to be sold, or to be exposed to sale respectively, such quantities as aforesaid, or offending in false packing as aforesaid, for every such offence shall forfeit the value of all the Butter so false packed, and for every offence where any Kilderkin, Firkin or Pot shall be found to contain a lesser quantity of Butter, then by this Act is appointed, six times the value of every pound of Butter, that shall be wanting in any such Cask or Pot. And to the intent that the benefit intended by this Act may be extended with full effect to all persons who do either cut out Butter by Retail, or expend it, Be it further Enacted by the Authority aforesaid, That every Chéese-monger or other person whatsoever which shall sell to any person or persons any Kilderkin or Kilderkins, Firkin or Firkins, Pot or Pots, or other Cask of Butter made after the said First day of June, Cheese-mongers and all sellers of butter by the Kilderkin or etc. shall deliver the full quantity to the Retailer. which shall be in the year of our Lord One thousand six hundred sixty and Two, shall deliver in every such Kilderkin, Firkin, and other Cask and Pot respectively the full quantity and due quality appointed by this Act, and not less, or in default thereof shall be liable to make satisfaction to him or them that buy the same for what shall be wanting, according to the price for which the same was sold. And be it further Enacted by the Authority aforesaid, That from and after the said First day of June, None shall repack butter. which shall be in the year of our Lord One thousand six hundred sixty and two no Chéese-monger or other person or persons whatsoever, shall repack for sale any Butter in any Kilderkin, Firkin, The penalty. or other Cask or Pot whatsoever, upon pain and penalty that every Chéese-monger or other person whatsoever which shall repack any Butter into any Kilderkin or Kilderkins, Firkin or Firkins, Cask or Casks, Pot or Pots, to sell the same again, shall for every Firkin, Cask or Pot so packed, forfeit the sum of Double the value of all such Butter. And for the better discovery of all frauds and abuses which shall be committed against this Act, Be it further Enacted by the Authority aforesaid, That every Farmer and other person & persons, packing up Butter in Kilderkins, Firkins or any other Cask whatsoever for sale, do from & after the said First day of June, which shall be in the year of our Lord One thousand six hundred sixty two pack up his Butter into good & sufficient Cask, Farmers and other sellers shall set their marks of the weight upon good and sufficient Casks. made of sound, dry & well-seasoned Timber, and shall set upon every Firkin and Cask whatsoever, when the same is throughly and fully seasoned in water, a continuing visible mark of the just Weight of the empty Cask, and do likewise set upon every Kilderkin, Firkin and Cask, when the same is filled with Butter, the first Letter of his or their Christian name, and his or their Surname at length, with an Iron brand, upon pain and penalty that every Farmer or other person or persons whatsoever offending in not putting on the Mark of such Weight of Kilderkin, And their names. Firkin or other Cask, after seasoning, or not setting the first Letter of his or their Christian name, and his or their Surname at length, on every Firkin and Cask as aforesaid, shall for every such offence respectively forfeit the sum of Ten shillings for every Hundred weight of Butter, and so proportionably for a greater or lesser quantity that shall be in every such Cask. Potter's shall set their weight of every pot burnt, and their names. And be it further Enacted by the Authority aforesaid, That every Potter shall set upon every Pot which he shall sell for packing up of Butter, the just weight which shall be of every such Pot when it is burnt, together with the first Letter of his or their Christian name, and his or their Surname at length, upon pain and penalty that every Potter which shall not so do, shall forfeit & pay for every Pot which he shall expose to sale for the use aforesaid, whereupon he shall not have first set the just Weight, and the first Letter of his Christian name, and his Surname at length as aforesaid, the sum of One shilling; and that no Farmer or other person whatsoever shall expose to sale any Butter packed up in any other Pot than such as shall be marked by the Potter as aforesaid, upon penalty of Two shillings for every Pot of Butter which he shall expose to sale as is not so marked; all and every of which said Offences are to be enquired of, sued for, heard and determined in the Sessions of Peace for the County, City, Borough, Town or Liberty, or in the Court of Record of the City, Borough, Town or Liberty wherein such offence shall be committed, by Action of Debt, Indictment, Information, or Presentment, How to be disposed. wherein no Essoign, Protection, or Wager of Law shall be allowed to the Defendant; and the one half of all such Forfeitures shall be to the use of the poor people inhabiting within the Parish where such offence shall be from time to time committed, to be paid to the Churchwardens and Overséers of the poor of and in such Parish, and the other half to him or them that will sue for the same, Double Costs besides his double Costs thereby expended. Provided, That every Suit and Information which shall be brought upon this Act, Within what made suit must be begun upon this Act. shall be commenced within four months after the sale of such Butter. CAP. XXVII. For Repairing of Dover-Harbour. WHereas it is found by long experience, that Dover-Harbour is and hath been of very great use and benefit to the Merchants of this Realm, and others passing through the Narrow Seas, whereunto they have, and do enter, to avoid imminent danger of Tempests, Pirates, or the Common Enemy in time of War; And whereas the said Harbour of late by Tempests, and the violence of the Sea hath been much broken, ruined and decayed, and in great danger of being lost, unless timely prevented by repairing thereof, which cannot be without great charges and expenses, as well in the present repair, as in the future maintenance of the same: whereof his Majesty being Informed, and minding the good and safety of Merchants and Seafaring men, hath of late of his Majesty's goodness and liberality, bestowed a great sum of money in, and about the repairing of the said Harbour, which yet is not sufficient to carry on that work, and to secure it for the future. And to the end that the same may be from time to time maintained and kept in good repair for the use and benefit of Merchants, and Seafaring men; And that such provision for the maintenance thereof may now be made, 1 Jac. cap. 32. as by an Act of Parliament made in the First year of his Majesty's Grandfather King James of ever blessed memory, hath been formerly done and provided for: 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 from and after the Four and twentieth day of June next ensuing, during the space of seven years thence next following, there shall be paid by the Master, Duties payable at and towards the Repair of Dover-Harbour. or Owner of every Ship, Vessel or Crayer, whereof any of his Majesty's Subjects of England shall be Owners, or Part-owners, of the burden of Twenty Tuns or upwards, and not exceeding the burden of Two hundred and fifty Tun, for every Voyage, Loading, or Discharging within this Realm, or to, or from any Foreign Country 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 Three pence for every Tun of the burden 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 penny halfpenny, 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 Account 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 burden 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 controller, 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 burden 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 always, 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 account 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 virtue of this Act, and of the disbursments thereof: And if the said Collectors and Treasurer shall not within six weeks next after demand of such Account, 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 Majesty's Privy Council thereof, who shall and may thereupon, and to that purpose are hereby empowered to suspend, or cause all and every further payments by virtue of this Act to cease and determine, if they shall see 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 Authorise the Collection of more than 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 Cornwall, Regulated. Fishery of great concernment to this Nation. WHereas the Public 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 degree depend upon the improvement and encouragement 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 practices to the extreme 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 Cornwall 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 respective shores, upon the penalty of forfeiture of the said Nets so employed, or the full value thereof, and one month's Imprisonment without Bail or Mainprize. Pilchards and Fumathoes to be bought of the Owners and Adventurers in Fishing. And it is hereby Enacted by the Authority aforesaid, That if any person or persons being neither Owners, Partners, or Adventurers in the Craft of Fishery, and in the Boats and Saynes thereunto belonging, or shall presume from and after the day before limited, to make, or cause to be made any Pilchards or Fumathoes in Cask to be Sold or Transported, except he or they shall openly buy the aforesaid Fish of the respective Owners, Partners, and Adventurers in the said Pilchard Craft, or with their express allowance, leave and consent, that they shall in such case forfeit all and singular such Pilchards and Fumathoes so made, and every Cask thereof, or their full value; the one half to the King, and the other half to him or them that shall so sue for the same by Bill, Plaint, or other Information, and upon Legal proof recover the same. And be it further Enacted, That if any Owner, Partner, or Company, or any other person or persons whatsoever, shall fraudulently purloyn, imbezel, hid, convey, carry away, or dispose by sale or otherwise, or cause to be purloined, embezzled, hidden, conveyed, carried away, or disposed out of the Nets, Boats, or Cellars, any Pilchard Fish without the express leave, consent and allowance of the proper Owner, and major part of the Company respectively, that then every such person and persons that shall offend therein upon legal evidence, shall pay triple the value in satisfaction to the parties so wronged, and be sent to the House of Correction for three months. And be it further Enacted by the Authority aforesaid, Idle and suspicious flocking about Pilchard Boats to departed upon warning. That if any idle or suspicious person or persons shall in the night assemble and flock together about the Boats, Nets or Sellars belonging to any Pilchard-Craft, upon any the Coasts of Cornwall or Devon, having no business there to do, and being warned by the Company or Owner of such Boats or Sellars to be gone, that then upon complaint made unto any one justice of the Peace, every such person or persons refusing so to do, shall pay Five shillings to the poor of the Parish where such offence was committed, or shall be set in the Stocks for the space of Five hours. CAP. XXIX. An Act for the Reversing of the Earl of Strafford his Attainder. WHereas Thomas late Earl of Strafford was Impeached of High Treason, The Reasons and Grounds of Repealing the Attainder. upon pretence of endeavouring to Subvert the Fundamental Laws, and called to a public and solemn Arraignment and Trial before the Péers in Parliament, where he made a particular Defence to every Article objected against him; insomuch that the Turbulent party then seeing no hopes to effect their unjust designs by any ordinary way and method of proceed, did at last resolve to attempt the destruction and Attainder of the said Earl by an Act of Parliament, to be therefore purposely made to Condemn him upon accumulative Treason, none of the pretended Crimes being Treason apart, and so could not be in the whole if they had been proved, as they were not, and also adjudged him guilty of constructive Treason (that is) of levying War against the King, though it was only the commanding an Order of the Council-Board in Ireland, to be executed by a Sergeant at Arms and Three or Four Soldiers, which was the constant practice of the Deputies there for a long time; To which end they having first presented a Bill for this intent to the House of Commons, and finding there more opposition than they expected, they caused a multitude of Tumultuous persons to come down to Westminster Armed with Swords and Staves, and to fill both the Palace-Yards, and all the Approaches to both Houses of Parliament with fury and clamour, and to require justice, speedy justice against the Earl of Strafford; And having by these and other undue practices obtained that Bill to pass in the House of Commons, they caused the Names of those resolute Gentlemen, who in a case of innocent blood had freely discharged their consciences, being Nine and fifty, to be posted up in several places about the Cities of London and Westminster, and styled them Straffordians and Enemies to their Country, hoping thereby to deliver them up to the fury of the people whom they had endeavoured to incense against them, and then procured the said Bill to be sent up to the House of Péers, where it having sometime rested under great deliberation, at last in a time when a great part of the Péers were absent by reason of the Tumults, and many of those who were present protested against it, the said Bill passed in the House of Péers; And at length his late Majesty King Charles the First of Glorious memory, granted a Commission for giving his Royal assent thereunto, which nevertheless was done by his said Majesty with exceeding great sorrow then, and ever remembered by him with unexpressible grief of heart, and out of His Majesty's great Piety he did pulickly express it when his own Sacred life was taken away by the most detestable Traitors that ever were. For all which causes, Be it Declared and Enacted by the Kings most Excellent Majesty, by, and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons in this present Parliament assembled, That the Act Entitled, An Act for the Attainder of Thomas Earl of Strafford of High Treason, and all and every Clause, Article and thing therein contained, being obtained as aforesaid, is now hereby repealed, revoked, and reversed. And to the end that right be done to the memory of the deceased Earl of Strafford aforesaid; Be it further Enacted, That all Records, and proceed of Parliament relating to the said Attainder, be wholly canceled, and taken off the File, or otherwise defaced and obliterated, to the intent the same may not be visible in after-ages, or brought into example to the prejudice of any person whatsoever. Provided, That this Act shall not extend to the future questioning of any person or persons however concerned in this business, or who had any hand in the Tumults, or disorderly procuring the Act aforesaid; Any thing herein contained to the contrary thereof notwithstanding. CAP. XXX. Madder shall be Imported pure and unmixed. REP. 15 Car. 2. cap. 16. CAP. XXXI. The Inconvenience by Melting the Silver Coin of this Realm, prevented. 9 E. 3. cap. 3. WHereas by an Act made in the Ninth year of King Edward the Third it is Enacted, That no sterling Halfpenny or Farthing shall be molten to make Vessel, or any other thing by Goldsmiths, or any other, upon pain of forfeiture of the moneys so molten; 17 R. 2. cap. 1. Whereas by one other Statute made in the Seventéenth year of King Richard the Second, it was further Enacted, That no Groats or Half-groats shall be molten by any man to make Vessel, or other thing thereof upon the same pain; And whereas divers persons do elude the said Statutes, as well Goldsmiths as others, by melting Silver-Coyns of this Realm, above the value of Groats, to the great diminishing of the Silver-Coyn of this Realm, and the hindrance of the Commerce of the same: Be it therefore Enacted by the Kings most Excellent Majesty, by, and with the Advice and Consent of the Lords Spiritual and Temporal, and the Commons in this present Parliament assembled, and by Authority of the same, That no person or persons whatsoever shall after the Twentieth day of December, One thousand six hundred sixty two, None shall melt currant Silver Money. The Penalty. wilfully melt, or cause to be melted any of the currant Silver-money of this Realm, upon pain not only of forfeiture of the same, but also of the double value of any such Coin so melted; the one half to his Majesty, his Heirs and Successors, the other half to the Informers, who shall sue for the same upon Action of Debt, Bill, Plaint, or Information in any of His Majesty's Courts at Westminster; in which no Essoign, Wager of Law, or Protection shall be allowed; And moreover, That the said person or persons offending contrary to the Tenor of this Act (if he or they be a Freeman, or Fréemen, or privileged person or persons of any City or Corporation within this Kingdom of England) shall upon legal conviction for the same, be forthwith disfranchised and made uncapable of exercising the Trade of a Goldsmith, or any other Mystery by virtue of the Privileges of the City or Corporation of which he or they are members; And if the said person or persons offending, and convict as aforesaid, shall not be a Freeman or Fréemen, or privileged person or persons of any City or Corporation as aforesaid, than he or they shall suffer imprisonment without Bail or Mainprize for the space of Six month's next ensuing his or their Conviction as aforesaid. CAP. XXXII. The Manufacture of Broad Woollen Cloth, within the West-Riding of the County of York, Regulated. WHereas divers abuses and deceits have of late years been had, and used in the Manufacture of Broad Woollen Cloth, made within the West-Riding of the County of York. and the spinning and deceitful working thereof, which tends to the great debasing and undervaluation of the said Manufacture, both at home, and also in Foreign parts where the same is usually vended. For prevention of all which abuses and deceits; It is Enacted by the Kings most Excellent Majesty, by the Advice and Consent of the Lords Spiritual and Temporal, and Commons Assembled in Parliament, That from and after the next Monday after Easter, which shall be in the year of our Lord God, One thousand six hundred sixty and two, there be, and shall be, a Corporation to continue for ever within the said West-Riding of the County of York, consisting of all the justices of the Peace of the said West-Riding for the time being, A Corporation of Clothiers in the West-Riding of Yorkshire. Two Masters, Ten Wardens, Twelve Assistants, and Commonalty; All which said Masters, Wardens, and Assistants, are to be of the ablest and best experienced Clothiers within the said West-Riding and such as have served, and been brought up in the Trade and Mystery of Clothing, by the space of seven years, according to the Laws and Statutes of this Realm; One of which said Masters, Five of which said Wardens, and Six of which said Assistants, shall be chosen the first Monday after Pentecost than next following, and from thenceforth to be yearly, and every year chosen upon the next Monday after Pentecost, at some public place, by the Free Clothiers of the said West-Riding, inhabiting within the Parish of Leeds in the said County of York, the greater part of them present at such Election; and the other Master, Five Wardens, and Six Assistants shall be chosen upon the same days at some public place, by the Free Clothiers inhabiting out of the said Town and Parish of Leeds, or the greater part of them present at the said Election, of the parts adjacent within the said West-Riding; And in case any of the said Masters, Wardens, and Assistants, after their said respective Elections do happen to die, that then it shall and may be lawful; at any Court to be holden next after such Decease, to Elect others in their respective places; And the said Wardens, Masters, and Assistants respectively, shall within eight days after their first Choice and Election, take the Oaths of Allegiance and Supremacy, which any two justices of the Peace within the West-Riding, whereof one to be of the Quorum, have hereby power to Administer, and also the ensuing Oath, (Viz.) I A. B. do swear, The Oath to be taken by the Master, Wardens and Assistants. That I will well, faithfully and honestly perform and discharge the Office of a Master of the Corporation of the Free Clothiers, according to the best of my Skill, Power, and Knowledge; So help me God. And the like Oath, and Oaths, to be Administered to the Wardens and Assistants respectively, mutatis mutandis; And for ever after, the said justices of the Peace, Masters, Wardens, and Assistants, and their Successors, or any Thirtéen of them, shall and have hereby power to Administer the like Oath or Oaths to such Officer or Officers, faithfully and honestly to perform and discharge his and their said Office and Offices, to which he or they are and shall be so chosen by this Act, at any Court to be by them holden in manner hereafter declared. And it is further Enacted by the Authority aforesaid, That the said justices of the Peace, Who shall be of the said Corporation for ever and how called. Masters, Wardens, and Assistants for the time being, together with the said Free Clothiers of the said West-Riding, shall for ever hereafter, in name and in fact, be one Body Politic and Corporate in Law to all intents and purposes, and shall have a perpetual Succession, and be called by the name of the Supervisors, Masters, Wardens, Assistants, and Commonalty of the Trade or Mystery of Clothiers, for the well making of Broad Woollen Cloth, within the West-Riding of the County of York; and that they shall be enabled to Plead and Sue, and to be Sued and Impleaded by that name, in all Courts and Places of judicature within this Kingdom; And by that name, shall and may without Licence in Mortmain, purchase, take or receive any Lands, Tenements, or Hereditameats, of the Gift, Alienation or Demise of any person or persons, who are hereby without further Licence enabled to transfer the same, and any Goods and Chattels whatsoever, for the use and benefit of the Corporation aforesaid (not exceeding the yearly value of Two hundred pounds:) And for the better Regulation of the said Government of the said Trade and Manufacture, the said justices of the Peace, Masters, Wardens, and Assistants for the time being, or any Thirtéen of them, whereof there shall be One of the said justices, or One of the said Masters at the least always present, shall have, Times and places of their meeting. and hereby have Power and Authority from time to time to meet, and keep Court upon the first Saturday in every month in every year, for the ends in this Act mentioned, within the said Town of Leeds, at the place commonly called or known by the name of the Sessions-House, or Common Hall in Leeds aforesaid; And also at such other time and place of the said West-Riding, as shall from time to time be appointed, by the said justices, Masters, Wardens, and Assistants, or any Thirtéen of them, upon eight days notice, or warning to be given of such meeting, and Court to be held: And in case that the Masters, Wardens, and Assistants, or the major part of them, shall refuse or neglect to appear, so as a Court cannot be holden accordingly, as is before directed, That then such Master, Warden, or Assistant so refusing or neglecting, shall forfeit the sum of Twenty shillings, the one moiety to the use of the Poor of such respective Town where the person so refusing or neglecting shall live, the other moiety to the use of the Corporation: And the said justices, Masters, Wardens, and Assistants, or any Thirtéen of them, are hereby impowered to summon to appear at the said Courts to be held as aforesaid, so many of the said Clothiers, as they shall in their discretions think meet for the better ordering the Affairs of the said Trade, who are hereby required to appear upon such Summons; the number of which Persons so Summoned, shall not be under Eight and forty; And in case of neglect or refusal, are to forfeit to the use of the said Corporation, the sum of Ten Groats, for every default of not appearing, to be levied as is hereafter directed. And the said justices, Masters, Wardens, and Assistants, or any Thirtéen of them (whereof One of the said justices, or One of the said Masters to be present as aforesaid) shall have, Power to appoint a Common Seal and to make orders and By-laws. and hereby have Power and Authority from time to time, to make and appoint a Common Seal for the use of the said Corporation, and to Make and Ordain By-laws, Rules, and Ordinances, for and concerning the better Spinning, Working, Making, Fulling, and Milling of Cloth, as in their judgements and Discretions, may tend to the good, Credit and Advancement of the said Trade and Manufacture, (the same not being contrary to Law) which By-laws, Rules, and Ordinances, being Ratified and Confirmed by the justices of Assize to be holden for the County of York, shall be Published Four times in the year at the least, at Four public meetings or Courts, (viz) Upon the first Saturday in June, the first Saturday in September, the first Saturday, in December, and the first Saturday in March; and shall be obeyed and kept by the several persons within and under the said Regulation or Corporation. Penalty for not Conforming to By-laws. And the said Courts constituted as aforesaid shall have, and hereby have power to impose a Fine and Penalty upon any person or persons of the said Corporation or Regulation, being a Clothier, that shall not conform to such Rules, Orders and Ordinances, so made as aforesaid. Provided, That the said Fine or Penalty of any person for not conforming as aforesaid, exceed not the sum of Twenty shillings for one offence; the full moiety, or one half of the said Fines and Penalties to go to the use of the said Corporation, and the other half or moiety to the use of the Poor of the Parish where such person so offending may be dwelling and inhabiting. And be it further Enacted by the Authority aforesaid, That the said justices, Masters, Power to appoint searchers of Cloth. Wardens and Assistants, or any thirtéen of them, shall have power to nominate and choose Searchers of Cloth in the several places of the said West-Riding, who shall be sworn before them, or any thirtéen of them in manner aforesaid, for the true searching of Cloth, that it be of a due weight, length and breadth, according to the Statute. And in regard the nature of Cloth is much changed in these late years, and that the new Drapery is now most in use, for which sort of Cloth there is no certain Standard for length, weight, The new Drapery most in use. and breadth, appointed by any Statute; Be it therefore Enacted by the Authority aforesaid, That the length, weight and breadth of the said new Draperies of broad Woollen Cloth made within the said West-Riding, be, and shall be, as is hereby limited and appointed, (viz) That every Cloth called by the name of an End, or half Cloth, shall be betwixt fifteen yards, and eighteen yards in length in the water, and not to exceed; and one yard and an half in breadth at the least within the Lists. And every Cloth Commonly called a Short Cloth, between twenty four yards, and twenty eight yards in length in the water, and not to exceed; and one yard and an half in breadth at the least within the Lists. And every Long Cloth so called, betwixt thirty yards, and thirty six yards in length in the water, & not to exceed; & a yard and an half in breadth at the least within the Lists. And that every yard of such Cloth shall weigh respectively two pounds and a quarter, accounting sixtéen Ounces to the pound, being well thicked, scoured, misled and fully dried, And that the said Searcher shall according to his Oath, duly try and examine by weight or by water all broad Woollen of what sort soever, made within the said West-riding, and shall affix thereunto a Seal of Lead, expressing the true length and weight thereof. And in case any of the said be found faulty upon trial and examination, the said justices, Masters, Wardens and Assistants, or any thirtéen of them, shall have power to impose such Fine and Penalty upon the Offenders as by the Laws and Statutes of this Realm in that behalf are, or aught to be imposed upon them for such defaults; the one third part of all such Fines and Penalties to be disposed of to the use of such Searcher or Searchers, certifying the said Default of Length, Weight or Breadth, and the other two parts to the Poor of the Parish where such offence shall be committed, to be recovered in such manner as is limited and appointed by the Statute made in the One and twentieth Year of the late King James, Ch. 18. And that all and every such Searcher and Searchers, so chosen as aforesaid, 21 Jac. cap. 18. shall before he or they enter upon the execution of the said Office, take the Oaths of Allegiance and Supremacy, and also the Oath ensuing, which Oath the justices, Masters, Wardens and Assistants, or any thirtéen of them as aforesaid, have 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, Warehouse, or any other place in the daytime, of any Clothiers, Drapers, Clothworkers, or of any other person or persons whatsoever, where any of the said 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 Broadcloth shall be found made of, or mixed with Flocks, Thrums, Goat's hair, or other deceitful Wool, 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 justices, 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 aught 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. Householders and housewives 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 been exercised therein by the like space of seven years before, shall make any Broadcloth to sell, under the penalty of five pounds for every Month 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 moiety thereof to be paid to the King's Majesty, His Heirs and Successors; and the other moiety to the use of the said Corporation; And that no Housholder or Housewife within the said West-Riding, or elsewhere within the said County, not being free of the said Trade of Clothiers, or not having been 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 moiety thereof to His Majesty, the other moiety to any person who shall sue for the same in any of His Majesty's 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 justices, Masters, Wardens, and Assistants, or any thirtéen of them, are hereby empowered to nominate and appoint a Clerk, a Register, and Treasurer, and such other Officer and Officers to see the due execution of the several Powers given by this Act, as they in their Discretions shall think meet, 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 justices, Masters, Wardens, and Assistants, or any thirtéen of them, rendering 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 levied by distress and sale of the Offenders Goods, The Penalty. rendering 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 justices of the Peace of the said County, there to remain without Bail or Mainprize for the space of six months, 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 general 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 Nonsuit therein. Provided always, That nothing herein contained, The eights and duties of Aulnage saved. shall extend or be construed to extend to take away any of the Rights, Duties or Customs, of, or belonging to the Office and Place of his Majesty's Aulnager, or his Deputy or Deputies within the said West-Riding; But that he or they shall or may from time to time do and perform all and every matter and thing to him or them belonging, according to the Laws and Statutes of this Realm: And also receive all Fees due and accustomed, to the said Office belonging, in as large and ample manner, as he or they might or ought to have done, before the making of this present Act; Any thing herein contained to the contrary thereof in any wise notwithstanding. Provided always, and it is further Enacted by the Authority aforesaid, That neither the said Supervisers,, Masters, Wardens and Assistants, nor any of them, Proviso that Rates of wages of workmen may not be set by colour of this Act. nor any other person or persons, free of the said Corporation of Broad Woollen Clothiers, shall by any Authority derived from this Act, or by colour thereof, set or impose any other or lesser Rates or Wages upon any inferior Workmen, Servants or Labourers, to be employed by them or any of them in the said Manufacture, than such as shall be from time to time allowed and approved of by the justices of the Peace in their Quarter-Sessions, according to the Laws and Statutes touching Labourers in that case made and provided. Provided also, That this Act continue to the end of the First Session of the next Parliament, The Continuance of this Act. and no longer. CAP. XXXIII. For preventing Abuses in Printing Seditious, Treasonable, and Unlicensed Books and Pamphlets; and for Regulating of Printing and Printing-Presses. WHereas the well-government and Regulating of Printers and Printing-Presses, is matter of Public care, and of great Concernment; especially considering, Regulating of Printing of great Concirnment. that by the general Licentiousness of the late Times, many evil-disposed persons have been encouraged to Print and Sell Heretical, Schismatical, Blasphemous, Seditious, and Treasonable Books, Pamphlets, and Papers, and still do continue such their unlawful and exorbitant practice, to the high dishonour of Almighty God, the endangering the peace of these Kingdoms, and raising a disaffection to His most Excellent Majesty, and His Government: For prevention whereof, no surer means can be advised, then by reducing and limiting the number of Printing-Presses, and by ordering and settling the said Art or Mystery of Printing, by Act of Parliament, in manner as herein after is expressed. The Kings most Excellent Majesty, by and with the Consent and Advice of the Lords Spiritual and Temporal, and Commons in this present Parliament assembled, Pamphlets and Books prohibited to be printed, published or sold. doth therefore Ordain and Enact, and be it Ordained and Enacted by the Authority aforesaid, That no person or persons whatsoever shall presume to Print or cause to be Printed, either within this Realm of England, or any other His Majesty's Dominions, or in the parts beyond the Seas, any Heretical, Seditious, Schismatical, or offensive Books or Pamphlets, wherein any Doctrine or Opinion shall be asserted or maintained which is contrary to Christian Faith, or the Doctrine or Discipline of the Church of England, or which shall or may tend, or be to the scandal of Religion, or the Church, or the Government or Governors of the Church, State, or Commonwealth, or of any Corporation, or particular person or persons whatsoever; nor shall Import, Publish, Sell or dispose any such Book or Books, or Pamphlets, nor shall cause or procure any such to be Published or put to Sale, or to be Bound, Stitched, or Sewed together. And be it further Ordained and Enacted by the Authority aforesaid, That no private person or persons whatsoever shall at any time hereafter Print, or cause to be Printed any Book, or Pamphlet whatsoever, unless the same Book and Pamphlet, together with all and every the Titles, Epistles, Prefaces, Proems, Preambles, Introductions, Tables, Dedications, and other matters and things thereunto annexed, Entry of printed Books with the Register of the Company of Stationers, London. be first Entered in the Book of the Register of the Company of Stationers of London, Except Acts of Parliament, Proclamations, and such other Books and Papers as shall be appointed to be Printed by virtue of any Warrant under the King's Majesty's Sign Manual, or under the hand of one or both of His Majesty's Principal Secretaries of State; and unless the same Book and Pamphlet, and also all and every the said Titles, Epistles, Prefaces, Proems, Preambles, Introductions, Tables, Dedications, and other matters and things whatsoever thereunto annexed, or therewith to be Imprinted, shall be first lawfully Licenced and Authorized to be Printed by such person and persons only as shall be constituted and appointed to Licence the same, according to the direction and true meaning of this present Act herein after expressed, Who may Licence Books concerning the Common Laws to beprinted. and by no other; (that is to say) That all Books concerning the Common Laws of this Realm shall be Printed by the special allowance of the Lord Chancellor, or Lord Keeper of the Great Seal of England for the time being, the Lords Chief justices, and Lord Chief Baron for the time being, or one or more of them, or by their, or one or more of their appointments; And that all Books of History concerning the State of this Realm, or other Books concerning any Affairs of State, Books of History, and Affairs of State. Concerning Heraldry. shall be Licenced by the Principal Secretaries of State for the time being, or one of them, or by their, or one of their appointments; And that all Books to be Imprinted concerning Heraldry, Titles of Honour, and Arms, or otherwise concerning the Office of Earl Marshal, shall be Licenced by the Earl Marshal for the time being, or by his appointment, or in case there shall not then be an Earl Marshal, shall be Licenced by the Three Kings of Arms, Garter, Clarencieux, and Norroy, or any two of them, whereof Garter, Principal King of Arms to be one; Divinity, Physic, Philosophy, or other Science. And that all other Books to be Imprinted or Reprinted, whether of Divinity, Physic, Philosophy, or whatsoever other Science or Art, shall be first Licenced and allowed by the Lord Archbishop of Canterbury, and Lord Bishop of London for the time being, or one of them, or by their or one of their appointments, or by either one of the Chancellors, or Vicechancellors of either of the Universities of this Realm for the time being; Provided always, that the said Chancellors, or Vicechancellors of either of the said Universities shall only Licence such Books as are to be Imprinted or Reprinted within the limits of the said Universities respectively, but not in London or elsewhere, not meddling either with Books of the Common Laws, or matters of State or 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 virtue of this present Act are, or shall be appointed, or authorized to Licence 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 Licenced, 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 entirely returned by such Printer or owner after the Imprinting thereof, unto such Licenser or Licensers, to be kept in the public Registries of the said Lord Archbishop, or Lord Bishop of London respectively, or in the Office of the Chancellor or Vicechancellor of either the said Universities, or with the said Lord Chancellor or Lord Keeper of the great Seal for the time being, English Books how to be Licenced. or Lords Chief justices, or Chief Baron, or one of them, or the said Principal Secretaries of State, or with the Earl Marshal, or the said Kings of Arms, or one of them, of all such Books as shall be Licenced by them respectively; And if such Book so to be Licenced 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 Licenced 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 Licenced shall not be altered without his or their privity; And upon the said Copy Licenced to be Imprinted, he or they who shall so Licence the same, shall Testify 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 Licence or Approbation shall be Printed in the beginning of the same Book, with the Name or Names of him or them that shall Authorise or Licence 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 Licence 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, Mands, or other Farthels 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 public place to be assigned and chosen by the said Lord Archbishop, Heretical, 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 proceeded 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 Majesty's 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 Majesty's 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 virtue 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 virtue 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 Universities respectively, have or shall have the right Privilege, 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 Bind, Stitch, or put to Sale any such Book or Books, or part of any Book or Books, Form or Forms, without the like consent, upon pain of loss and forfeiture of the same, The Penalty. and of being proceeded against as an Offender against this present Act, and upon the further penalty and forfeiture of Six shillings eight pence for every such Book or Books, or part of such Book or Books, Copy or Copies, or Form or Forms of any such blank Bills or Indentures so Imprinted or Imported, Bound, Stitched, or put to Sale; The Moiety of which said forfeiture and forfeitures shall be to the use of our Sovereign Lord the King, His Heirs and Successors, and the other Moiety to the use of the Owner or Owners Proprietors of such Copy or Copies, Book or Books, or Form of such blank Bills or Indentures, if he or they shall sue for the same within Six month's next after such Imprinting, Importing, Binding, Stitching, or putting to Sale; And in default of such Suit by the Owner or Owners, Proprietor or Proprietors, commenced within the said Six months, Then the same Moiety shall be to the use and behoof of such other person or persons as within the space of one year next after the said Offence committed, shall sue for the same, to be recovered by Action of Debt, Bill, Plaint or Information, in any of His Majesty's Courts of Record held at Westminster, called the King's Bench, Common-Pleas, or Exchequer, wherein no Essoign, Wager of Law, or Protection shall be allowed to the Defendant or Defendants. And be it further Enacted and Declared, Printers of Books etc. shall put to their Names. That every person and persons that shall hereafter Print, or cause to be Printed any Book, Ballad, Chart, Portraiture, or any other thing or things whatsoever, shall thereunto, or thereon, Print and set his or their own Name or Names, and also shall declare the Name of the Author thereof, if he be thereunto required by the Licenser, under whole Approbation the Licensing of the said Book, Ballad, Chart, or Portraiture shall be Authorized, and by and for whom any such Book or other thing is or shall be Printed, upon pain of Forfeiture of all such Books, Ballads, Charts, Penalty. Portraitures and other thing or things Printed contrary to the Tenor hereof; And the Presses, Letters, and other Instruments for Printing, wherewith such Book, Ballads, Portraiture, or other thing or things shall be so Imprinted or Set, or prepared for the Printing thereof, to be defaced and made unserviceable; And that no person or persons shall hereafter Print or cause to be Imprinted, nor shall forge, put or counterfeit in or upon any Book or Pamphlet the Name, Title, Mark or Vinnet of any other person or persons which hath or shall have lawful Privilege, Authority or Allowance of sole Printing the same without the free consent of the person and persons so privileged first had and obtained, upon pain that every person and persons so offending shall forfeit and lose all such Books and Pamphlets upon which such counterfeit Name or Mark shall be Imprinted, and shall further be proceeded against as an Offender against this present Act. Who only may buy, barter and sell books in London and market Towns. And be it further Enacted by the Authority aforesaid, That no Haberdasher of Small-Wares, Iron-monger, Chandler, Shop-kéeper, or other person or persons whatsoever, not being Licenced in that behalf by the Lord Bishop of the Diocese wherein such Book or Books shall be, nor having been Seven years' Apprentice to the Trade of Bookseller, Printer, or Book-binder, nor being a Freeman of the City of London by Patrimonial Right, as Son of a Bookseller, Printer, or Book-binder, nor being a Member of the said Company of Stationers, shall within the City or Suburbs of London, or any other Market-Town, or elsewhere, receive, take, or buy, to barter, sell again, change, or do away any Bibles, Testaments, Psalm-books, Common-Prayer-books, Primers, Abcées, Licenced Almanacs, Grammar, School-books, or other Book or Books whatsoever, upon pain of forfeiture of the same. Printing an Art and Manufacture. And for that Printing is, and for many years hath been an Art and Manufacture of this Kingdom, Therefore for the better encouraging thereof, and the prevention of divers Libels, Pamphlets, and Seditious Books Printed beyond the Seas in English, and thence Transported into this Realm; Be it further Enacted and Ordained by the Authority aforesaid, That no Merchant, Bookseller, No English books may be imprinted, or imported from beyond Sea. or other person or persons whatsoever, shall Imprint or cause to be Imprinted beyond the Seas, nor shall Import or bring, nor knowingly assist or consent to the Importation or bringing from beyond the Seas into this Realm, any English Book or Books, or part of any Book which is or shall be, or the greater part thereof is or shall be English, or of the English Tongue, whether the same Book, Books, or part of such Book have been here formerly Printed or not, upon pain of forfeiture of all such English Books so Imprinted or Imported contrary to the tenor hereof: And that no Alien or Foreigner whatsoever shall hereafter bring in, or be suffered to vend here within this Realm, The Penalty. any Book or Books Printed beyond the Seas in any Language whatsoever, either by himself or his Factor or Factors, except such only as be Frée-Printers or Stationers of London, or such as have been brought up in that Profession, without the special Licence 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, upon like pain of forfeiture of all such Books as shall be so Imprinted or Vended contrary to the purport and true intent hereof. Presses and Printing in and about London not to be set up, but upon notice to the Company of Stationers. And be it further Enacted by the Authority aforesaid, That no person or persons within the City of London, or the Liberties thereof, or elsewhere, shall erect or cause to be erected any Press or Printing-House, nor shall knowingly demise or let, or willingly suffer to be held or used any House, Vault, Cellar, or other Room whatsoever, to or by any person or persons for a Printing-House, or place to Print in, unless he or they who erect such Press, or shall so knowingly demise or let such House, Cellar, Vault, or Room, or willingly suffer the same to be used, shall first give notice to the Master or Wardens of the said Company of Stationers for the time being of the erecting of such Press, or of such demise or suffering to work or Print in such House, Vault, Cellar, or Room: And that no joiner, Carpenter, or other person shall make any Printing-Press, no Smith shall forge any Ironwork for a Printing-Press, no Founder shall cast any Letters which maybe used for Printing, for any person or persons whatsoever; neither shall any person or persons bring, or cause to be brought in from any parts beyond the Seas, any Letters Founded or Cast, nor shall buy any such Letters for Printing, Printing-Presses, or other Materials belonging unto Printing unless he or they respectively shall first acquaint the said Master and Wardens of the said Company of Stationers for the time being, or some or one of them, for whom the same Presses, Ironwork, or Letters are to be made, forged, cast, brought or imported, upon pain that every person who shall erect any such Printing-Press, or shall demise or let any House or Room, or suffer the same to be held or used, and every person who shall make any Printing-Press, or any Ironwork for a Printing-Press, or shall make, import, or buy any Letters for Printing, without giving notice as aforesaid, shall forfeit for every such offence the sum of Five pounds, the one Moiety whereof shall be to the use of our Sovereign Lord the King, His Heirs and Successors, and the other Moiety to the use of such person or persons as shall sue for the same. Who and how many shall be Master Printers. And be it further Enacted by the Authority aforesaid, That for the time to come no man shall be admitted to be a Master-Printer, until they who are now actually Master-Printers shall be by death or otherwise reduced to the number of Twenty, and from thenceforth the number of Twenty Master-Printers shall be continued, and no more, besides the King's Printers, and the Printers allowed for the Universities, to have the use and exercise of Printing of Books at one time, and but Four Master Founders of Letters for Printing; The which said Master-Printers, and Four Master Founders of Letters for Printing, shall be nominated, appointed and allowed by the Lord Archbishop of Canterbury, and Lord Bishop of London for the time being; And in case of Death of any one of the said Four Master Founders of Letters, or of the said Master Printers, or of Forfeiture, or avoidance of any of their places and privileges to Print by virtue of this Act, Master Founders of letters for Printing. for any Offence contrary to the same or otherwise, That then the Lord Archbishop of Canterbury, and Lord Bishop London for the time being, or one of them shall nominate and appoint such other fit person or persons to succeed and supply the place of such Master Printer or Founder of Letters as shall be void by Death, Forfeiture or otherwise as aforesaid; And every person and persons which shall hereafter be allowed or permitted to have the use of a Printing-Press or Printing-House, upon or before such his allowance obtained, shall become bound with Sureties to his Majesty in the Court of Kings-Bench, or before some one or more of the justices of Assize, or the justices of the Peace at their several Quarter-Sessions, in the sum of Three hundred pounds, not to print or suffer to be printed in his house or press any Book or Books whatsoever, but such as shall from time to time be lawfully Licenced. And be it further Enacted by the Authority aforesaid, Who only may keep above two Printing-Presses. That none of the said Master Printers so to be allowed from time to time as aforesaid, shall keep above Two Printing-Presses at once, unless he hath been Master or upper-warden of the Company, who are hereby allowed to keep Three Presses, and no more, unless for some great and special occasion for the Public he or they have for a time leave of the said Lord Archbishop of Canterbury, or Lord Bishop of London for the time being, or to have or use one or more above the aforesaid Number, as their Lordships, or either of them shall think fit. And be it also Enacted by the Authority aforesaid, What number of Apprentices they may retain. That no Printer or Printers (Except the King's Printers) nor Founder or Founders of Letters for printing, shall take or retain any more or greater number of Apprentices, then is herein after limited and appointed, (that is to say) Every Master Printer, and Master Founder of Letters for Printing, that is or hath been Master or Upper Warden of his Company, may have three Apprentices at one time and no more; And every Master Printer, and Master Founder of Letters for Printing, that is of the Livery of his Company, may have two Apprentices at one time and no more; And every Master Printer, and Master Founder of Letters for printing, of the Yeomanry of his Company, may have one Apprentice at one time and no more, neither by Copartnership, binding at the Scriveners, nor any other way whatsoever; Neither shall it be lawful for any Master Printer or Master Founder of Letters, when any Apprentice or Apprentices shall run or be put away, to take another Apprentice or other Apprentices in his or their place or places, unless the name or names of him or them so gone away be razed out of the Hall-Book, and never admitted again. And because a great part of the secret printing in corners hath been caused for want of Orderly Employment for journeymen-printers, The said several Master Printers, journeymen Printers, and Founders of Letters to be employed. and Master Founders of Letters for printing so to be allowed as aforesaid, are hereby required to take special Care, that all journey-men-printers, and journey-men-founders of Letters for printing, who are lawfully Free of the said respective Mysteries, be set to Work, and Employed in their respective Trades; And if any such journey-man-printer, or journey-man-founder of Letters, being of honest and good behaviour, and able in his Trade, do want Employment; he shall repair to any of the said Master Printers, or Master Founders of Letters respectively for the time being, who thereupon shall receive him or them into Work, If such Master Printer, or Master Founder of Letters have not a journeyman already, although such Master Printer, or Master Founder of Letters respectively, with his Apprentice or Apprentices be able without the help of the said journeyman to discharge his own Work, upon pain that every Master Printer, and Master Founder of Letters respectively, refusing to receive such journeyman repairing to him as aforesaid, shall forfeit Five pounds to be recovered by Bill, Plaint, or Information in any Court of Record, wherein no Essoign, Wager at Law, Privilege or Protection shall be admitted; the Moiety of which Forfeiture shall go to the King's Majesty, his Heirs and Successors, and the other Moiety to the Informer who shall sue for the same within six month's next after the said offence committed; And if any journeyman, or journeymen Printers, or Founders of Letters for printing shall refuse employment being offered to him or them by any Master Printer, or Master Founder of Letters respectively, or neglect it when he or they have undertaken it, he or they so refusing or neglecting, shall suffer Three month's Imprisonment at the least, without Bail or Mainprize, upon Conviction of such his said refusal or neglect by two Witnesses, before any one or more justice or justices of the Peace, who 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 employ either to work at the Case or Press or otherwise about his Printing, any other person or persons then such only as are Englishmen 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 Licence, Be it further Enacted by the Authority aforesaid, That one or more of the Messengers of his Majesty's Chamber, Who may search houses and Shops for suspected Books and Papers. by Warrant under his Majesty's Sign Manual, or under the Hand of one or more of his Majesty's 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 needful, 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, Booksellers Shops, and Warehouses, and Bookbinders Houses and Shops, and to view there what is imprinting, binding or stitching, and to examine whether the same be Licenced, and to demand a sight of the said Licence; and if the said Book so imprinting, binding or stitching, shall not be Licenced, 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 justices 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 suspicion to seize 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 seem 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 three years, and for the second offence shall for ever thenceafter 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 justices of the Court of King's Bench, or justices of Oyer and Terminer, or justices of Assize in their several Circuits, or justices of the Peace in their several Quarter Sessions shall be thought fit to be inflicted. The which said justices 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 certify 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 virtue 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 Majesty's Library and the two Universities. And be it further Enacted by the Authority aforesaid, That every Printer shall reserve three printed Copies of the best and largest Paper of every Book new printed, or reprinted by him with Additions; and shall before any public 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 Keeper of His Majesty's Library, and the other two to be sent to the Vicechancellors of the two Universities respectively, for the use of the public Libraries of the said Universities. Proviso for the privileges of the two Universities. Provided always, That nothing in this Act contained shall be construed to extend to the prejudice or infringing of any the just Rights and Privileges of either of the two Universities of this Realm, touching and concerning the Licensing or Printing of Books in either of the said Universities. 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 free of, or using any of the Trades in this Act before mentioned, but by special Warrant from the King's Majesty, under His Sign Manual, or under the Hand of one or both of His Majesty's Principal Secretaries of State, or for any other Books than such as are in printing, or shall be printed after the Tenth of June, 1662. And thing in this Act to the contrary thereof in any wise notwithstanding. Proviso for Booksellers and Stationers London. Provided also, That neither this Act, nor any thing therein contained, shall extend to prohibit any Bookseller, who hath served seven years, and is free of the Company of Stationer's London, from importing or bringing into this Realm any Books ready bound not formerly prohibited, which have been printed ten years before the said Importation; Any thing in this or any other Act to the contrary notwithstanding. Persons selling books in Westminster-Hall. Provided also, and be it further Enacted by the Authority aforesaid, That neither this Act, nor any thing therein contained shall be construed to prohibit any person or persons to Sell Books or Papers, who have sold Books or Papers within Westminster-Hall, the Palace of Westminster, or in any Shop or Shops within Twenty yards of the great Gate of Westminster-Hall aforesaid, before the Twentieth day of November, One thousand six hundred sixty and one; but they and every of them may sell Books and Papers, as they have or did before the said Twentieth day of November, One thousand six hundred sixty one, within the said Hall, Palace, and Twenty yards aforesaid, but not elsewhere; Any thing in this Act to the contrary in any wise notwithstanding. Proviso for the rights and Privileges of printing granted to any persons by the King. Provided also, That neither this Act, nor any thing therein contained shall extend to prejudice the just Rights or Privileges granted by His Majesty, or any of His Royal Predecessors to any any person or persons under His Majesty's Great Seal or otherwise, but that such person or persons may exercise and use such Rights and Privileges as aforesaid, according to their respective Grants; Any thing in this Act to the contrary notwithstanding. Proviso for John Streater Stationer. Provided also, That neither this Act, nor any thing therein contained shall extend to prohibit John Streater Stationer from printing Books and Papers, but that he may still follow the Art and Mystery of Printing, as if this Act had never been made; Any thing therein to the contrary notwithstanding. Provided also, That neither this Act, nor any thing therein contained, shall extend to restrain the keeping and using of a Printing-Press in the City of York; Proviso for the City of York. so as all Books of Divinity there printed, be first Licenced by the Archbishop of York for the time being, or such person or persons whom he shall appoint, and all other Books whatsoever there Printed, be first Licenced by such persons respectively to whom the Licensing thereof doth or shall appertain by the Rules herein before mentioned, and so as no Bible's be there printed, nor any other Book, whereof the Original Copy is or shall be belonging to the Company of Stationers in London, or any Member thereof; and so as the Archbishop or Lord Mayor of York for the time being, do execute within the said City (which they are hereby empowered to do) all the Powers and Rules in this Act concerning Searchers for unlicensed Books, and impose and levy the said penalties in the like cases; Any thing in this Act to the contrary notwithstanding. Provided, That this Act shall continue and be in force for two years, The continuance of this Act. to commence from the Tenth of June, One thousand six hundred sixty and two, and no longer. Continued 16 Car. 2. cap. 8. Anno XV. Caroli II. Regis. CAP. I. For Repairing the Highways within the Counties of Hertford, Cambridge, and Huntingdon. WHereas the ancient Highway and Post-Road leading from London to York, The Highway from London to York and Scotland. Hertford. Cambridge. Huntingdon. and so into Scotland, and likewise from London into Lincolnshire, lieth for many miles in the Counties of Hertford, Cambridge and Huntingdon, in many of which places, the Road, by reason of the great and many Loads which are wéekly drawn in Wagons through the said places, as well by reason of the great Trade of Barley and Malt that cometh to Ware, and so is conveyed by water to the City of London, as other Carriages both from the North parts, as also from the City of Norwich, Saint Edmunds-Bury, and the Town of Cambridge to London, is very ruinous, and become almost impassable, insomuch that it is become very dangerous to all His Majesty's Liege people that pass that way; And for that the ordinary course appointed by the Laws and Statutes of this Realm is not sufficient for the effectual repairing and amending of the same, neither are the Inhabitants through which the said Road doth lie, of ability to Repair the same, without some other provision of moneys to be raised towards the putting the same into good and sufficient Repair: For remedy whereof, and to the intent the said Highways, at or in the Counties aforesaid, may be forthwith effectually repaired and amended, and from time to time hereafter kept in good repair; May it please your Majesty that it may be Enacted, And be it Enacted by the Kings most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and the Commons in this present Parliament assembled, and by the Authority of the same, That for the Surveying, Ordering, Repairing, and keeping in Repair of the said Highway in the Counties aforesaid, Four justices of the Peace for each of the said several and respective Counties dwelling next to the said Highways respectively, or any two of them, for the year One thousand six hundred sixty three, and until the Quarter-Sessions than next ensuing; and from thenceforth the justices of Peace at the Sessions to be holden next after Easter every year, for the said respective Counties, from time to time shall and are hereby empowered to nominate and appoint Nine sufficient and able persons residing and inhabiting within the said several and respective Counties, Who may appoint Surveyors of the Highways for Hartfordshire yearly. Cambridg-shire. . to be Surveyors of the several places in the said Highway for the year from thence next ensuing: The justices of the Peace for the County of Hertford, to appoint Surveyors for the Highway lying in the said several Towns and Parishes of the said County; and the justices of the Peace in the County of Cambridge to appoint Surveyors for the several Towns and Parishes within their said County of Cambridge; And the justices of Peace for the County of Huntingdon to appoint Surveyors for the several Towns and Parishes of the said County: And that the said justices or Surveyors aforesaid shall not act or do any thing towards the Repairs of the said Highways, but in their own several and respective Counties; The power of the justices of the Peace in their several Counties. And that the said justices in their several Counties shall cause notice to be given to the several Surveyors so chosen, in writing, of their said choice; which said Surveyors and every of them having no lawful impediment to be allowed by the said justices by whom they shall be chosen in manner as aforesaid, within one week next after such notice to them given of their Election, shall, and are hereby required to meet and assemble themselves together, (that is to say) the Surveyors for the County of Hertford, in some convenient place within the County of Hertford; Hertford. Cambridge. Huntingdon. And the Surveyors chosen for the County of Cambridge, in some convenient place within their County; and the Surveyors chosen for the County of Huntingdon, in some convenient place within their said County, to be appointed by the several justices of the said Counties, at their several Quarter-Sessions, to the intent to view and Survey the said Highway and places aforesaid, The Power of the Surveyors in the said several Counties. To appoint Receivers and Collectors of Toll and other needful Officers. and shall consider what Reparations shall be needful for Repairing of the several Highways 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 Highway at the places aforesaid; And the said Surveyors, or three, 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 justices of the Peace for the said respective County for which such Officer is so chosen, living near to the said Highway 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 justices 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 three or more of them in their several Counties, Charging of Carts and Carriages. shall from time to time, as they shall see cause, appoint and require all and every person and persons inhabiting within three 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 Wain, or Cart for the amending of the Highways, and every other person and persons chargeable to labour in the Highways, upon reasonable notice, to send his or their Cart, or Wain, and Team, or to come to labour in the said Highway 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 Highways, when and so often as the said Surveyors for their said several Counties, Allowance of wages to labourers and owners. or any three or more of them shall think needful and appoint; for which the said Surveyors shall pay unto such Labourers, and to the owners of such Teams, Carts and wains, according to the usual rate of the Country. 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 Eighteen 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 virtue of this Act be compelled or compellable to labour, or to send his or their Team, Cart or Wagon for the mending of the said Highway, to any of the said places being above Three miles distant from his Dwellinghouse, or not in the same County, nor to labour or send his or their Team, Cart or Wagon for amending of the said Highway above Three days in any one week, 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 Wagon, or concerning the wages of such Labourers employed in mending the said Highways, That then the said justices 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 Wagon, 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 Highway, How gravel, Chalk Stones etc. may be taken. or places aforesaid, or any of them do lie, to repair the said Highway at any of the places aforesaid, It shall and may be lawful for the said Surveyors in their several and respective Counties, or any three 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 Highway at any the places aforesaid; or where there is not sufficient of such materials in any Common or Waste Ground thereunto near adjoining, to dig in the several grounds of any person or persons, not being an House, Garden, Orchard, Yard, or Park stored with Dear, being within any Parish chargeable towards the repairs of the said Highway 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 three 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 justices 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 dug and carried away for the Reparations aforesaid, shall with all convenient speed (to be adjudged by the said justices of Peace as aforesaid) be filled up, and leveled with earth, or other materials, or else railed about, so as that the same may not be deemed 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 justices 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, Wagons, Droves and Gangs of 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 penny, for every Coach six pence, for every Wagon one shilling, for every Cart eight pence, for every score of Sheep or Lambs one halfpenny, and so proportionably for greater numbers: For every score of Oxen, or Neat five pence, and so for every greater or lesser number proportionably: For every score of Hogs two pence, and so for every greater or lesser number proportionably, not being under five. And that from and after the passing of this Act, all and every person or persons who shall travel with Horse, Coach, Cart or Wagon, or shall lead or drive any Oxen, Sheep, Horses or other aforementioned, in and through the Highway and places aforesaid, shall and are hereby required to pay unto the respective Collectors and Receivers of Toll in the several Counties aforesaid in that behalf to be appointed, after the rates aforesaid: Places for taking of Toll in Hertfordshire. Cambridgshire. Huntingtonshire. Power to distrain for Toll refused to be paid. The places for Collecting of the said Toll to be, for the County of Hertford, at Wades-Mill; and for the County of Cambridge, at Caxton within the said County of Cambridge; and for the County of Huntingdon, at Stilton in the said County of Huntingdon, and at no other place or places within the said Counties: And in case any person or persons upon demand made of Toll aforesaid by the Collector or Receiver in that behalf to be appointed, shall neglect or refuse to pay the same, That then it shall and may be lawful to and for the said Collector or Receiver appointed for the Receipt of the said Toll, upon such refusal, to Distrain and detain such Horse, Cart, Coach, Wagon, Oxen, or other aforementioned, or any of them, until the said Toll shall be satisfied and paid according to the tenor of this present Act, together with such damages as the party so distraining shall sustain by keeping of such Distress: Of all which money so to be received, The Toll received to be accounted for and paid to the Surveyors. the said Collector or Receiver of Toll so to be appointed in the several Counties, shall from time to time render true Accounts, and shall pay the money so by them received, unto the said Surveyors of their several and respective Counties, or to any three or more of them, or unto such Treasurers as they shall appoint, when, and as often as they shall be thereunto required by the said Surveyors, or any three or more of them, by them to be laid out and expended for and towards the necessary Repairs, and amending of the several places aforementioned, and not elsewhere within their said several and respective Counties. And be it further Enacted by the Authority aforesaid, That the Surveyors, To whom the said Surveyors shall account for moneys received. and every of them in their several and respective Counties, at the Quarter-Sessions of the Peace for the said County, to be holden next after Easter in every year, shall make and yield up unto the justices of the Peace there to be assembled, a perfect Account in writing under their hands, of all the money which they or any of them shall have received from the said Collector or Receiver of Toll in their said County, and likewise of all their disbursments in and about the said Highway, or otherwise by reason of their Offices; And in case of any overplus of money so received, remaining in their hands, shall pay the same to the Surveyors to be chosen for the year ensuing, or to the Treasurer or Receiver by them to be appointed, to be disbursed and laid out in the several places aforesaid, within such County wherein the overplus doth remain, and not elsewhere, in the year ensuing; which said justices to whom such Account shall be given, shall out of the benefit of the said Toll, make such allowance unto the said Surveyors, for and in consideration of their care and pains taken in the execution of their said Offices as to them shall seem good: And in case the Collector or Receiver of the aforesaid Toll for the respective Counties so to be paid as aforesaid, shall not upon request duly pay the same unto the said Surveyors of the said County for the time being, or the Treasurer or Receiver by them appointed; or in case the said Surveyors or any of them shall not make such Account and payment as aforesaid, That then the said justices for the several and respective Counties, at any Quarter-Sessions of the Peace to be holden for the said County, in case of such default of Account or Payment, shall and may make enquiry concerning such default, as well by the confession of the parties themselves, as by testimony of two, or more credible Witnesses upon Oath; and in case of such default to be found and adjudged by the said justices in their said respective Counties, either in their said Receiver or Collector of the said Toll, or in their said Surveyors, or any of them; The said justices upon such their conviction shall commit the party or parties so convict, to the common Gaol for the said County, there to remain without Bail or Mainprize, until he or they shall have made a true and perfect Account and Payment as aforesaid. And forasmuch as the moneys so to be Collected by such receipt of the said Toll, will not at present raise such a Stock or Sum of Money as may be sufficient for the speedy Repairing of the Premises in the said several Counties of Hertford, Cambridge, and Huntingdon, It is hereby further Enacted, How the Toll Profits may he engaged for advance of Money. and the said Surveyors are hereby enabled by and with the like consent of the said justices, for their several and respective Counties, without further Licence, severally to engage the profits arising of their said Toll in their several Counties, for such sum or sums of money by them to be borrowed for that purpose, and by Indenture under the hands and seals of the said respective Surveyors for the time being, to transfer the said profits of the said Toll, and to grant and convey the same for any time or term, not exceeding Nine years, unto any person or persons that shall or will upon that Security advance any present sum or sums of money for and towards the present Repairing and amending of the said Highway in the respective places and Counties aforesaid, for the repayment of such principal sum or sums of money so lent with Interest for the same: Or in case such sum or sums of money cannot be borrowed upon the Security aforesaid, for the Repair of the said Ways, That then it shall and may be lawful to and for the said justices in their said several and respective Counties, In what cases a Rate may be m●de upon the several Parishes. at their several Quarter-Sessions, when they shall see cause, to make a Rate not to extend to any other County but their own, nor to Repair any other than the places aforesaid, in that particular County where 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 see fit and convenient for the speedy 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 employed for the repairing of the said Ways and places , 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, rendering 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 repaid 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 speedy execution of this present Act, the said justices 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 exceeding Ten pounds upon each person so refusing or neglecting) as to them shall seem meet, and to cause the same to be levied by distress and sale of his or their Goods, rendering 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 virtue of this Act, shall be paid to the Surveyors for the time being, or any three of them, or the Treasurers of the said Surveyors for the said respective Counties, for and towards the repairing of the said Highways, 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 justices in the said County, living near the said Highway 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 justices 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 been chosen by the justices 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 Trial 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 jury shall find for the Defendant; and upon such Verdict, or if the Plaintiff shall be nonsuited, or discontinue his Action after the Defendant shall have appeared, or if upon Demurrer, judgement 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 pass any place where the Toll is taken, and return the same day with the same Horse, Coach, Wagon, or other Carriage, or with , 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 Highways 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 than 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 Huntingdon; 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 Huntingdon, shall have a liberty to carry any quantity or quantities of Stones, Sand, Stones, Gravel, etc. 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 〈◊〉 P●●ugh 〈◊〉 Imp● of H●▪ or Harvest, Ploughs, Harrows, and other Implements of Husbandry, and all other things whatsoever employed in the Husbanding, Stocking, and Manuring of their several and respective Lands in the said several and respective Parishes, shall pass to and fro through the said respective places where such Toll is to be received as aforesaid, without paying any thing for their respective passing through the same; Any thing in this present Act to the contrary thereof in any wise notwithstanding. Provided also, And be it Enacted, Proviso touching money received overplus and remaining at the end of 11. years. That if it shall happen that at the end and expiration of the term of the Eleven years aforesaid, that the Receiver or Receivers, Collector or Collectors then in being, or any of them, of the aforesaid Tolls, or any part thereof, in all and every of the said Counties, made and to be made, shall upon their or any of their accounts, made and to be made for the several and respective Receipts of the Tolls aforesaid, have any sum or sums of money in their or any of their hands, more than they or any of them have expended as aforesaid, That then such Receiver and Receivers, Collector and Collectors, and every of them, shall bring in all and every sum and sums of money so remaining in their or any of their hands, unto the justices of the Peace of the said several and respective Counties, where such Receiver or Receivers, Collector or Collectors shall live, or have received the said several sum or sums, at the next General Quarter-Sessions for the Peace which shall happen to be after their said several Accounts so to be made as aforesaid, upon pain of forfeiting double the Sum which shall be in their or any of their hands upon the said Account; which said Sum and Penalties shall be recovered by distress and sale of the party's Goods so refusing to do the same, by Warrant under the Hands and Seals of any two justices of the Peace of the said several Counties; And that the said justices of the Peace at their said several Quarter-Sessions in their several Counties, are hereby empowered and enabled to dispose of the said several sum and sums of money, and all the said Penalties into the hands of such person and persons, and upon such Securities as they shall approve of, to and for a Stock for the repairing of the said several Highways, according to the intent and meaning of this Act, and not otherwise. Provided also, And be it further Enacted by the Authority aforesaid, Huntingdon. That if the justices of the Peace for the County of Huntingdon, or any four of them dwelling next to the said High Road, Stilton. shall adjudge some other place more convenient than Stilton for receiving the Toll for the said County, That then it shall and may be lawful for the said justices of Peace as aforesaid, to appoint some other place upon the High Road within their said County, to receive the aforesaid Toll instead of Stilton; Any thing in this Act to the contrary notwithstanding. And that it shall and may be lawful for all and every Soldier and Soldiers upon their March, Soldiers in Marching, and Posts exempted. and all persons riding Post, to pass through any the places in this Act mentioned, without paying any Toll, Provided also, That if at any time before the expiration of the Eleven years aforesaid, Proviso, for cealing the Toll within the 11. years. the said Highways shall be well and sufficiently amended and repaired, and so adjudged by the justices of the Peace at the Quarter-Sessions for their several and respective Counties aforesaid, That then from and after such Adjudication made, and Re-payment of such moneys as shall have been borrowed, the aforesaid Toll in the said County shall cease and determine; Any thing aforesaid to the contrary notwithstanding. Continued 16 & 17 Car. 2. cap. 10. CAP. II. Unlawful Cutting or Stealing, or Spoiling of Wood, and Underwoods and Destroyer's of young Timber-Trees, punished. WHereas in one Act of Parliament made in the Three and fortieth year of the Reign of the late Queen Elizabeth, Entitled, 43 El. cap. 7. An Act to avoid and prevent divers misdemeanours in idle and lewd persons, among other things it is Enacted, The punishment for cutting and spoiling any Woods. That all and every such lewd person and persons that shall cut or spoil any Woods, or Vnderwoods, Poles, or Trees standing, and their Procurer or Procurers, Receiver or Receivers knowing the same, and being thereof lawfully Convicted by his or their own confession, or by the testimony of one sufficient Witness, upon Oath before some one justice of Peace, or other Head-Officer of the County or place where such offence was committed, shall give the party or party's satisfaction for his or their Damages for the first fault: And if such Offender or Offenders shall by such justice of Peace or Head-Officer be thought not able or sufficient, or if such Offender or Offenders do not make such satisfaction as aforesaid, That then the said justice of Peace, or Head-Officer shall commit the said Offender or Offenders to the Constable, or other inferior Officer, to receive the punishment of Whipping, as in the said Act more fully doth appear, And whereas it is found by daily experience, especially in and about London, and other great Towns where a great number of such idle and lewd persons do shelter themselves, that this Act hath not sufficiently prevented the said mischief of cutting and spoiling of Woods and Vnderwoods', as was intended, as well because the said offences are committed in such a close and clandestine manner, that there is none Witnesses to them, but such as are partakers to the offence; as also because the said punishment is too small for so great a fault, which is not only prejudicial and hurtful to the Owners of the said Woods, but very mischievous and damageable to the Commonwealth: Be it therefore Enacted by the Kings most Excellent Majesty, by, and with the Advice and Consent of the Lords Spiritual and Temporal, and the Commons in this present Parliament assembled, and by the Authority of the same, That from and after the Four and twentieth day of June next ensuing, Who may apprehend Wood-stealers. every Constable, Headborough, or any other person in every County, City, Town-Corporate, or other place where they shall be Officers or Inhabitants, shall and may by virtue of this present Act have full Power and Authority to apprehend, or cause to be apprehended all and every person or persons they shall suspect having, or carrying or any ways conveying any burden or bundles of any kind of Wood, Underwood, Poles, or young Trees, or Bark, or Bast of any Trees, or any Gates, Stiles, Posts, Pales, Rails or Hedgewood, Broom, or Furze; Search in Houses of suspected persons. and by Warrant under the Hand and Seal of any one justice of the Peace directed to any Officer, such Officer shall have power to enter into, and search the Houses, Outhouses, Yards, Gardens, or other places belonging to the Houses of all and every person or persons they shall suspect to have any kind of Wood, Vnderwoods', Poles, or young Trees, or Bark, or Bast of any Trees, or any Gates, Stiles, Posts, Pales, Rails, or Hedgewood, Broom, or Furze; and wheresoever they find any such, to apprehend and cause to be apprehended all and every person and persons suspected for the cutting and taking of the same, and them, and every of them, as well those apprehended carrying, or any ways conveying any kind of Wood, Underwood, Poles, or young Trees, or Bark, or Bast of any Trees, or any Eats, Styles, Posts, Pales, Rails, or Hedgewood, Broom, or Furze; as also those in whose Houses or other places belonging to them, any such Wood, Underwood, Poles, or young Trees, or Bark, or Bast of any Trees, or any Gates, Stiles, Posts, Pales, Rails, or Hedgwood, Broom, or Furze, shall be found, to carry before one justice of the Peace of the same County, City, or Town-Corporate; And if the said person and persons so suspected, apprehended, and carried before the said justices, do not then and there give a good account how he and they came by such Wood, or Underwood, Poles or young Trees, or Bark or Bast of any Trees, or Gates, Stiles, Posts, Pales, Rails, or Hedgewood, Broom or Furze, by the consent of the Owner, such as shall satisfy the said justice, or else shall not within some convenient time to be set them by the said justice, produce the party or parties of whom they bought the same wood, Underwood, Poles or young Trees, or Bark or Bast of Trees, Gates, Stiles, Posts, Pales, Rails, or Hedgewood, Broom or Furze, or some other credible witness to depose upon Oath such sale of the said Wood, Underwood, Poles or young Trees, or Bark or Bast of Trees, Gates, Stiles, Posts, Pales, Rails, or Hedgwood, Broom or Furze, (which Oath the said justice hath hereby power to administer) That then the said person or persons so suspected, and not giving such good account, nor producing any such witness upon Oath to testify the said Sale as aforesaid, shall be deemed and adjudged as convicted of the said offence of cutting and spoiling of the same Woods, Vnderwoods, Poles or young Trees, or Bark or Bast of Trees, Gates, Stiles, Posts, Pales, Rails, or Hedgewood, Broom, 43 Eliz. cap. 7. or Furze within the meaning of the said Statute of Queen Elizabeth, and shall be liable to the punishment therein contained, and to such other proceed and punishments as by this present Act shall be further constituted and appointed on that behalf. And be it therefore Enacted by the Authority aforesaid, That all and every person or persons convicted of the said offence in manner and form before in this Act mentioned, shall for the first offence give the Owner or Owners such recompense or satisfaction for his or their damages, The punishment for the first offence. and within such time as the said justice shall appoint, and over and above pay down presently unto the Overséers, for the use of the poor of the Parish where the said offence or offences were committed, such sum of money (not exceeding Ten shillings) as the said justices shall think meet; and if such offender or offenders do not make recompense or satisfaction to the said Owner or Owners, and also pay the said sum to the Poor in manner and form aforesaid, than the said justice shall commit the said offender or offenders to the House of Correction for such time as the said justice shall think fit, not exceeding one month, or to be whipped by the Constable, The second offence. or other Officer, as in his judgement shall seem expedient: And if such person or persons shall again commit the said offence, and be thereof convicted as before, that then they and every of them so offending the second time, and thereof so convicted, shall be sent to the House of Correction for one month, and be there kept to hard labour. And if such person or persons shall again commit the said offence, and be thereof convicted as before, That then they and every of them so offending the third time, and thereof so convicted, shall be taken, adjudged and deemed as Incorrigible Rogues. Buyers of stolen Wood, how to be dealt withal. Provided always, And it is further Enacted by the Authority aforesaid, That whosoever shall buy any Burdens of Wood, or any Poles or Sticks of Wood, or any other the Premises particularly mentioned in this Bill, which may be justly suspected to have been stolen, or unlawfully come by, That it shall and may be lawful to and for the said justices of the Peace, Mayor, Bailiffs, and Head-Officers, or any one of them within their respective jurisdictions, upon complaint to them thereof made, to examine the said matter upon Oath, which they and every of them respectively are hereby authorized to administer: And if they shall find that the same was bought of a person who might justly be suspected to have stolen or unlawfully come by the same, and that the same was stolen, or unlawfully come by, That in such case the said justices of Peace, Mayor, Bailiffs, or other Head-Officers, or any one of them respectively, shall and may award the party who bought the same, to pay triple the value of the same to the party from whom the same was stolen, or unlawfully taken; And in default of present payment thereof, to issue forth their respective Warrants to levy the same by distress and sale of the offender's Goods, rendering the overplus to the party: And in default of such distress, to commit the party to the Gaol at his own charge, there to remain one month without Bail. Provided always, Within what time offenders must be questioned within this Act. That no person or persons shall be questioned for any offence upon this Law, that hath been punished for the same offence by any former Law, nor shall be punished by this Law, unless he be questioned within Six weeks after the offence committed. CAP. III. An Act to explain and supply a former Act for distribution of Threescore thousand pounds amongst the truly Loyal and Indigent Commission-Officers, and for Assessing of Offices, and distributing the moneys thereby raised, for their further supply. 14 Car. 2. cap. 8. EXP. CAP. IU. An Additional Act for the better Ordering the Forces in the several Counties of this Kingdom. FOr the better Ordering of the Forces in the several Counties and places of England, and the Dominion of Wales, and Town of Berwick upon Tweed, and for the supplying and explaining the late Act, Entitled, 14 Car. 2. cap. 3. An Act for Ordering the Forces in the several Counties of this Kingdom, 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, Power of the Lieutenants and Deputy-Lieutenants to Train and Exercise. That the several Lieutenants of the several Counties, Cities and places nominated by his Majesty, his Heirs and Successors respectively, and in their absence out 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 Led, 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-soldiers 1 s. per diem. or to be charged by virtue of either of the said Acts, with Horse, Horseman 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 agreement 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 weeks after each respective default, or at or before the next succeeding 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-soldiers 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 three or more of them, for every such offence from time to time to inflict a penalty upon such person or persons, not exceeding Five pounds, to be levied in manner following, and to be employed 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 three 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 tweed, to provide and furnish (at a reasonable time and place to be appointed, upon a penalty to be imposed, not exceeding 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 three 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 than 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-soldiers, The Penalty for not providing 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 three or more of them, for and towards the defraying and satisfying the necessary Charge and Expense disbursed 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 Landlord's 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 Soldier Listed or Raised by virtue of the said Acts, What shall be paid to the Mustermasters. or either of them, shall pay to his respective Muster-Master such Sum (not exceeding one shilling for a Horseman, and six pence for a Footman) as the respective Lieutenants, and Deputy-Lieutenants, or any three 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 Horseman 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 accountable for the same; and every such Muster-Master shall be an Inhabitant of the respective County. What Provision every Musketeer shall bring with him. And it is hereby further Provided and Enacted, That at every Muster, Training and Exercise, every Musketeer shall bring with him half a pound of Powder, and half a pound of Bullets; and every Musketeer that serves with a Match-lock, shall bring with him three 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 Horseman 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 Meetings 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 three years, from the Twenty fourth day of July, in the year of our Lord, One thousand six hundred sixty and three, 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, Entitled, 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 Soldiers may be so kept upon such Duty by virtue 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 (settled 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, Horseman 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 than one Horse in the County or Lieutenancy where he so serves as a Foot-Officer, in respect of the expense which the said Employment 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, Tythingman, or other Officer of any Parish or place, under the penalty for every neglect of forfeiting Forty shillings, shall, and do by virtue of a Warrant directed to him from the respective Lieutenants, and Deputy-Lieutenants, or any three 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, rendering back the overplus (if any) the charge of Distress and Sale being first deducted. Troopers and Soldiers shall be subject to Exercise and Duty. Be it also Enacted, That every Trooper or Foot-Souldier at any time raised by virtue, 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, & shall accordingly upon like pains & penalties observe and keep 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 expressed 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 month's Assessment in each County, A fourth part or a month's assessment how to be disposed. after the rate of Seventy thousand pounds by the month, 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 three or more of them, shall from time to time have power to dispose of so much of the said fourth part to the inferior Officers employed in or about the said respective Forces, for their pains and encouragement, as to them the said Lieutenants and Deputies, or any three 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 judgement shall be given for the Defendant, or if the Plaintiff shall become Nonsuit or discontinue his Suit, than 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 month's next after such cause of Action. Provided, and be it further Enacted by the Authority aforesaid, That one Clause contained in a certain Act, Entitled, (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 Fanatic, Sectary or Disturber of the Peace, Fanatic, 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 virtue 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 levied. 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 three or more of them, upon the Goods and Chattels of the Offender, and by Sale of the same, rendering 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, than the said respective Lieutenants and Deputy-Lieutenants, or any three 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 until he shall make satisfaction, according to the said forfeiture, payment or penalty. And it is further Declared and Enacted, That all and every person and persons which since the five and twentieth day of March, One thousand six hundred sixty and two, have acted or done any thing in the dismantling of any Cities or Towns, or demolishing of Walls and Fortifications thereof or relating thereunto, shall be, and are hereby indemnified and saved harmless. And whereas some doubt hath arisen upon the said Act, what Estates shall be charged with or toward Foot; Be it therefore Enacted and Declared by the Authority aforesaid, How persons may be charged with arms and for what estates. That no person who hath an Estate of the yearly value of two hundred pounds, or personal Estate of the value of two thousand four hundred pounds, chargeable by the said Act, shall be charged with or toward the finding any Foot; and it shall be lawful for the respective Lieutenants and Deputies, or any three or more of them to charge according to the proportions in the said Act, any person who hath an Estate of the yearly value of one hundred pounds, and under the yearly value of two hundred pounds, or who hath a personal Estate of twelve hundred pounds, and under the value of two thousand four hundred pounds, chargeable by the said Act, with, or towards the finding of Foot, or toward the finding of Horse, as to their judgement shall seem most expedient for his Majesty's Service. Yet nevertheless, this shall not be construed to extend to make any alterations in the provisions in the said or this Act, concerning the Forces to be charged or raised in Cities, Corporations and Port-Towns. Provided always, and be it Enacted by the Authority aforesaid, That the Lord Warden of the Cinque-Ports to ancient Towns and their Members, and in his absence, The Cinque-Ports. his Lieutenant or Lieutenants, shall and may put in execution within the said Ports, Towns and Members, all the Powers and Authorities given and granted by this and the said former Act, and to execute and perform all and every the things therein contained in the like manner, as the respective Lieutenants of the Counties and their Deputies may do, and may keep up and continue the usual numbers of Soldiers in the said Ports, Towns and Members unless they find cause to lessen the same: And that the Inhabitants of the said Ports, Towns and Members, being in regard of their situation on the Seacoasts charged with a greater proportion of Arms and Armed men, than other parts of the Kingdom, shall not be charged with Arms or Armed men in the Counties adjacent for their Estates there lying, save only for such proportion as they are liable unto, and either are not or shall not be charged with, within the said Ports, Towns and Members; Any thing in this Act contained to the contrary in any wise notwithstanding. St. Martin's Parish in Stamford Baron in Lincolnshire. Provided always, and be it Enacted by the Authority aforesaid, That the Inhabitants and Revenues of, or in the Parish of Saint Martin, called Stamford Baron, in the Suburbs of the Borough and Town of Stamford, on the Southside of the Waters there called Welland, may be Assessed and Charged to find and serve in the Trained Bands of the County of Lincoln as formerly, according to the said mentioned Act, and this present Act, by the Lieutenant and Deputy-Lieutenants for the County of Lincoln for the time being, in such manner as any persons or estates within the said County of Lincoln may be by them assessed and charged to the purposes aforesaid: And they of Saint Martin aforesaid, are hereby declared to be well and legally assessed and charged by the said Lieutenant and Deputy-Lieutenants respectively. CAP. V. For Regulating Select Vestries. FOr prevention of the evils which may arise from Vestry-men, not Conforming to the Government and Discipline of the Church of England, as it now is by Law established; Be it Enacted by the Kings most Excellent Majesty, by the Advice, and with the Consent of the Lords Spiritual and Temporal, and of the Commons in this present Parliament Assembled, That all and every person who now is a Vestry-man or member of any Vestry within any Parish in the Cities of London and Westminster, Borough of Southwark and wéekly Bills of Mortality, and in all other Cities, Boroughs and Towns Corporate, where Select Vestries are used, in the Kingdom of England, All Vestry-men shall take and subscribe the Declaration in 14 Car. 2. c. 4. on or before the Nine and twentieth day of September next; And all and every person, who at any time hereafter shall be elected to be a Vestry-man, or member of any Vestry within any Parish in any the places aforesaid, within one month after such his Election, shall before the respective Archbishop, Bishop or Ordinary, Vicar-General or Chancellor of the Diocese, make and subscribe the Declaration and Acknowledgement enjoined in the late wholesome good Act, Entitled, (An Act for the Uniformity of Public Prayers, and Administration of Sacraments, and other Rites and Ceremonies, and for establishing the Form of Making, Ordaining and Consecrating Bishops, Priests and Deacons in the Church of England) in these words following, I A. B. Do declare, That it is not lawful upon any pretence whatsoever to take up Arms against the King; and that I do abhor that Traitorous Position, of taking Arms by His Authority against His Person, or against those that are Commissionated by him; And that I will conform to the Liturgy of the Church of England, as it is now by Law established; And I do declare, That I do hold, there lies no Obligation upon me, or on any other person, from the Oath, commonly called, The Solemn League and Covenant, to endeavour any change, or alteration of Government, either in Church, or State; And that the same was in itself an unlawful Oath, and Imposed upon the Subjects of this Realm against the known Laws, and Liberties of this Kingdom. The penalty. And that all and every such person, who shall neglect or refuse to do the same within the respective times aforesaid, shall (ipso facto) be deprived of such his place of Vestry-man, and of being a Member of such Vestry, to all intents and purposes, And such place shall be actually void, as if such person were naturally dead, Any Usage or Custom to the contrary notwithstanding: And that from and after such neglect or refusal, it shall be lawful for all persons, who shall have right of Election or nomination of such Vestry-man, or member of such Vestry, to proceed to election or nomination of some other discreet person of the respective Parish, in the room of such person so neglecting or refusing as aforesaid. And if such person so to be elected in the room of such person so neglecting or refusing as aforesaid, shall also neglect or refuse to make and subscribe the said Declaration and Acknowledgement, in manner and time aforesaid, whereby such place shall again become void; or if such persons who shall have right of Election or nomination as aforesaid, shall not proceed to Election within one month after such vacancy, than it shall be lawful to and for the respective Archbishop, Bishop or Ordinary of the Diocese, under his hand and Seal to Elect and nominate a discreet 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, deemed and taken to be a Vestry-man, or member of such Vestry in like manner as if he had been chosen by the respective Electors; Any Law, Custom or Usage to the contrary notwithstanding. And be it Enacted by the Authority aforesaid, That the respective Archbishop, Bishop or Ordinary, Vicar-General or Chancellor of the Diocese, shall upon request to him made by any Vestry-man, so making and subscribing the said Declaration and Acknowledgement aforesaid, deliver a Certificate of his so doing, for which no Fee 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. Whereas by an Act of this present Parliament, Entitled, An Act for Uniformity of Public 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 College, 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 Deanery, 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 acknowledgement in the said Act mentioned and expressed, before their respective Archbishops, Bishops, Ordinaries or Vicechancellors of the respective Universities; upon pain that all and every of the persons aforesaid, failing in such subscription, should lose and forfeit such respective Deanery, 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 Deanery, 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 Diocese, and should publicly and openly read the same, together with the Declaration or acknowledgement aforesaid, upon some Lordsday within three months 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 Acknowledgement, 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 knowledge or notice thereof until their return into England, being after the said Feast of St. Bartholomew; And divers other of the said Loyal and well-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 Vicechancellors of the respective Universities 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 Deaneries, Canonries, Prebendries, Mastership's, 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 Colleges, 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 Vicechancellor of the said respective Universities, to subscribe the said Declaration and Acknowledgement, 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 Deaneries, Canonries, Prebendries, Mastership's, 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 three, 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 College, Hall or House of Learning, and all Parsons, Vicars and Curates, and other Ecclesiastical persons, who are or shall by virtue 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 days after his return into England, subscribe the said Declaration or Acknowledgement before the respective Archbishop, Bishop or Ordinary of the Diocese, or Vicechancellor aforesaid respectively; And that every such Parson, Vicar, Curate or Lecturer shall procure a Certificate under the Hand and Seal of the respective Archbishop, Bishop or Ordinary of the Diocese (who are hereby required and enjoined upon demand, to make and deliver such Certificate,) And shall publicly and openly read the same, together with the Declaration or acknowledgement aforesaid, upon some Lord's day within three months then next following such subscription in his Parish Church where he is to officiate, in the presence of the Congregation then assembled in the time of Divine Service. And be it further Enacted and Declared by the Authority aforesaid, That every subscription already made or hereafter to be made before any Vicar-General or Chancellor to any Archbishop or Bishop, or Commissary to the Archbishop of Canterbury or any other Bishop, is and shall be as effectual and beneficial in Law to all intents and purposes to every person and persons which have or shall make such subscription as aforesaid, as if the same had been made before the Archbishop or Bishop of the Province or Diocese respectively, Any thing in the aforesaid Act to the contrary notwithstanding. Provided also, That every person who shall have benefit by this Act, shall make such allowance for serving the Cure since the 24th of August 1662. as shall be judged fit by the Ordinary of the place, and shall pay and discharge all Tenths, Pensions and other Charges, wherewith the Benefice to which he is by this Act restored, hath been or might be legally charged since the day aforesaid. Persons prohibited to Preach. 14 Car. 2. c. 4. And whereas some doubt hath arisen, whether persons prohibited to preach by the said Act, are in the same plight as to punishment, with persons disabled by the said Act to preach; Be it Declared and Enacted by the Authority aforesaid, That the penalties by the said Act to be inflicted upon any person disabled by the said Act to preach for any offence against the said Act, shall in like manner be inflicted upon every person so offending, that is prohibited by the said Act to preach, Any thing, doubt or ambiguity in the said Act to the contrary notwithstanding. CAP. VII. Trade Encouraged. Tillage. FOrasmuch as the encouraging of Tillage ought to be in an especial manner regarded and endeavoured; and the surest and effectuallest means of promoting and advancing any Trade, Occupation or Mystery, being by rendering it profitable to the users thereof; And great quantities of Land within this Kingdom for the present lying in a manner waste, and yielding little, which might thereby be improved to considerable profit and advantage (if sufficient Encouragement were given for the laying out of Cost and labour on the same) and thereby much more Corn produced, greater numbers of people, horses and employed, and other Land also rendered more Valuable. Be it Enacted by the Kings most Excellent Majesty, with the Advice and Consent of the Lords Spiritual and Temporal, and the Commons in this present Parliament Assembled, and by the Authority thereof; And it is hereby Enacted, That from and after the first day of September, in the year of our Lord, 1663. and from thence forward, when the prizes of Corn and Grain Winchester measure, Corn not exceeding certain rates, may be transported. do not exceed the rates hereafter following, at the Havens or places where the same shall be shipped or loaden, (viz,) The Quarter of Wheat, Eight and forty shillings; The Quarter of Barley or Malt, Eight and twenty shillings; The Quarter of Buck-wheat, Eight and twenty shillings; The Quarter of Oats, Thirtéen shillings and four pence; The Quarter of Rye, Two and thirty shillings; The Quarter of Pease or Beans, Two and thirty shillings current English money; That then it shall be lawful for all and every person and persons to ship, load, carry and transport any of the said Corns or Grains from the Havens or places where they shall be of such prizes, unto any parts beyond the Seas as Merchandise, Any Law, Statute or Usage to the contrary notwithstanding, paying such Rates for the same, and none other, as are to be paid when the same might have been Transported by one Act passed this present Parliament, Entitled, 12 Car. 2. c 4. A Subsidy granted to the King of Tonnage and Poundage. When corn may be imported, and what custom to be paid. And it is hereby further Enacted by the Authority aforesaid, That when the prizes of the aforesaid Corns and Grains do not exceed the Rates above mentioned respectively Winchester-measure, at the Haven or place into which any of them shall be imported from any part beyond the Seas, there shall be paid for the Custom and Poundage of every Quarter of Wheat, five shillings and four pence; and for every Quarter of Rye, four shillings; and for every Quarter of Barley or Malt, two shillings and eight pence; and for every Quarter of Buck-wheat, two shillings; and for every Quarter of Oats, one shilling four pence; and for every Quarter of Pease or Beans, four shillings. And it is hereby further Enacted by the Authority aforesaid, That when the prizes of Corn or Grain Winchester-measure, do not exceed the rates following at the Markets, Havens or Places where the same shall be bought, (viz.) The Quarter of Wheat, Eight and forty shillings; the Quarter of Rye, two and thirty shillings; the Quarter of Barley or Malt, eight and twenty shillings; the Quarter of Buck-wheat, eight and twenty shillings; the Quarter of Oats, thirtéen shillings and four pence; the Quarter of Pease or Beans, two and thirty shillings; That then it shall be lawful for all and every person and persons (not Forestall nor Selling the same in the same Market within three months after the buying thereof) to buy in open Market, and to lay up and keep in his or their Granaries or Houses, and to sell again such Corn or Grain of the kinds aforesaid, as without fraud or coven shall have been bought at or under the prïces before expressed, without incurring any penalty; Any Law, Statute or Usage to the contrary notwithstanding. And in regard his Majesty's Plantations beyond the Seas are inhabited and peopled by his Subjects of this his Kingdom of England; Plantations beyond the Sea. For the maintaining a greater correspondence and kindness between them, and keeping them in a firmer dependence upon it, and rendering them yet more beneficial and advantageous unto it in the further employment and increase of English Shipping and Seamen, Vent of English Woollen, and other Manufactures and Commodities, rendering the Navigation to and from the same more safe and cheap, and making this Kingdom a Staple, not only of the Commodities of those Plantations, but also of the Commodities of other Countries and Places, for the supplying of them; and it being the usage of other Nations to keep their Plantations Trade to themselves. Be it Enacted, and it is hereby Enacted, Comoditieses of the growth and manufacture of Europe, how to be imported in English built shipping. That from and after the five and twentieth day of March, One thousand six hundred sixty four, no Commodity of the Growth, Production or Manufacture of Europe, shall be Imported into any Land, Island, Plantation, Colony, Territory or Place to his Majesty belonging, or which shall belong hereafter unto, or be in the Possession of his Majesty, his Heirs and Successors, in Asia, Africa or America, (Tangier only excepted) but what shall be bona fide, and without fraud, Laden and Shipped in England, Wales or the Town of Berwick upon Tweed, and in English built Shipping, or which were bona fide bought before the first day of October, One thousand six hundred sixty and two, and had such Certificate thereof, as is directed in one Act passed the last Sessions of this present Parliament, Entitled, 14 Car. 2. c. 11 An Act for preventing Frauds, and regulating Abuses in His Majesty's Customs; and whereof the Master and three Fourths of the Mariners at least are English, and which shall be carried directly thence to the said Lands, Islands, Plantations, Colonies, Territories or Places, and from no other place or places whatsoever; Any Law, Statute or Usage to the contrary notwithstanding, The penalty. under the Penalty of the loss of all such Commodities of the Growth, Production or Manufacture of Europe, as shall be imported into any of them from any other place whatsoever, by Land or Water; And if by water, of the ship or vessel also in which they were Imported, with all her Guns, Tackle, Furniture, Ammunition and Apparel, one third part to his Majesty, his Heirs and Successors, one third part to the Governor of such Land, Island, Plantation, Colony, Territory or place into which such Goods were Imported, if the said ship, vessel or goods be there seized or informed against and sued for; Or otherwise, That third part also to his Majesty, his Heirs and Successors; and the other third part to him or them who shall seize, inform or sue for the same in any of his Majesty's Courts in such of the said Lands, Islands, Colonies, Plantations, Territories or Places where the Offence was committed, or in any Court of Record in England, by Bill, Information, Plaint or other Action, wherein no Essoign, Protection or Wager in Law shall be allowed. Provided always, and be it hereby Enacted by the Authority aforesaid, That it shall and may be lawful to ship and lad in such ships, and so navigated as in the foregoing Clause is set down and expressed in any part of Europe, Salt for the Fisheries of New-England and Newfoundland, Salt for Fisheries. and to ship and lad in the Maderas, Wines of the growth thereof; and to ship and lad in the Western Islands or Azores, Wines of the growth of the said Islands; and to ship and take in Servants or Horses in Scotland or Ireland, and to ship or lad in Scotland all sorts of Victual of the Growth or Production of Scotland, and to ship or lad in Ireland all sorts of Victual of the Growth or Production of Ireland, and the same to Transport into any of the said Lands, Islands, Plantations, Colonies, Territories or places; Any thing in the foregoing Clause to the contrary in any wise notwithstanding. And for the better prevention of Frauds, Be it Enacted, and it is hereby Enacted, Prevention of frauds. That from and after the five and twentieth day of March, One thousand six hundred sixty and four, every person or persons importing by Land any Goods or Commodities whatsoever, into any the said Lands, Islands, Plantations, Colonies, Territories or Places, shall deliver to the Governor of such Land, Island, Plantation, Colony, Territory or Place, or to such person or Officer as shall be by him thereunto authorized and appointed, within four and twenty hours after such Importation, his and their Names and Surnames, and a true Inventory and particular of all such Goods or Commodities; And no Ship or Vessel coming to any such Land, Island, Plantation, Colony, Territory or Place, shall lad or unlade any Goods or Commodities whatsoever, until the Master or Commander of such Ship or Vessel shall first have made known to the Governor of such Land, Island, Plantation, Colony, Territory or Place, or such other person or Officer as shall be by him thereunto authorized and appointed, the arrival of the said Ship or Vessel, with her Name, and the Name and Surname of her Master or Commander, and have shown to him that she is an English-built Ship, or made good by producing such Certificate as abovesaid, that she is a Ship or Vessel bona fide belonging to England, Wales or the Town of Berwick, and navigated with an English Master, and three fourth parts of the Mariners at least Englishmen, and have delivered to such Governor or other person or Officer, a true and perfect Inventory or invoice of her Lading, together with the place or places in which the said Goods were laden or taken into the said Ship or Vessel, under the pain of the loss of the Ship or Vessel, with all her Guns, Ammunition, Tackle, Furniture and Apparel, and of all such Goods of the growth, Production or Manufacture of Europe as were not bona fide laden and taken in, in England, Wales or the Town of Berwick, to be recovered and divided in manner aforesaid; And all such as are Governors or Commanders of any the said Lands, Islands, Plantations, Colonies, Territories or Places (Tangier only excepted) shall before the Five and twentieth day of March, One thousand six hundred sixty and four, and all such as shall hereafter be made Governors or Commanders of any of them, shall before their entrance upon the Execution of such trust or charge, take a solemn Oath before such person or persons as shall be authorized by his Majesty, his Heirs and Successors to administer the same, to do their utmost within their respective Governments or Commands, to cause to be well and truly observed, what is in this Act Enacted, in relation to the Trade of such Lands, Islands, Plantations, Colonies, Territories and Places, under the penalty of being removed out of their respective Governments and Commands. And if any of them shall be found after the taking of such Oath, to have wittingly and willingly offended contrary to what is by this Act required of them, That they shall for such offence be turned out of their Governments, and be incapable of the Government of any other Land, Island, Plantation or Colony; and moreover, forfeit the sum of one thousand pounds of lawful money of England, the one moiety to his Majesty his Heirs and Successors, and the other moiety to him or them that shall inform or sue for the same in any of his Majesty's Courts in any of the said Plantations, or in any Court of Record in England, wherein no Essoign, Protection or Wager in Law shall be allowed. Penalty upon Officers of the Customs. And it is hereby further Enacted, That if any Officer of the Customs in England, Wales or Town of Berwick upon Tweed, shall give any Warrant for, or suffer any Sugar, Tobacco, Ginger, Cotton-wool, Indigo, Speckle-wood or Jamaica Wood, Fustick or other Dying Wood of the growth of any of the said Lands, Islands, Colonies, Plantations, Territories or Places, to be carried into any other Country or place whatsoever, until they have been first unladen bona fide, and put on shore in some Port or Haven in England or Wales, or in the Town of Berwick, That every such Officer for such offence shall forfeit his place, and the value of such of the said goods as he shall give Warrant for, or suffer to pass into any other Country or place, the one moiety to his Majesty his Heirs and Successors, and the other moiety to him or them that shall inform or sue for the same in any Court of Record in England or Wales, wherein no Essoign, Protection or Wager in Law shall be allowed. Encouragement of Plantations, and increase of Shipping. And for the better encouragement of the said Plantations, and the increase of the Shipping and Navigation of this Kingdom, Be it Enacted, and it is hereby Enacted by the Authority aforesaid, That from and after the five and twentieth day of March, one thousand six hundred sixty and four, it shall and may be lawful out of any Port of England or Wales, or out of the Town of Berwick, Sea-coals. to ship and lad Sea-coals for any part of them, paying for the Chalder. Newcastle measure, one shilling eight pence, and for the Chalder, London-measure, one shilling and no more, in full of all Custom and Poundage for the same, Any Law, Statute or Prohibition to the contrary in any wise notwithstanding. Provided, That such Sea-coals be shipped in such shipping, and so Navigated as abovesaid; And that good security be given to the Officers of the Customs in such Port in which they are shipped, for the landing them in the said Plantations, and not elsewhere. And forasmuch as several considerable and advantageous Trades cannot be conveniently driven and carried on without the Species of Money or Bullion, and that it is found by experience, that they are carried in greatest abundance (as to a common Market) to such places as give free liberty for exporting the same, and the better to keep in and increase the current Coins of this Kingdom, Be it Enacted, and it is hereby Enacted, That from and after the first day of August, one thousand six hundred sixty and three, it shall and may be lawful to and for any person or persons whatsoever, to Export out of any Port of England or Wales, in which there is a Customer or Collector, or out of the Town of Berwick, all sorts of Foreign Coin or Bullion of Gold or Silver, Foreign coin or bullion may be exported. first making entry thereof in such Custom-house respectively, without paying any Duty, Custom, Poundage or Fee for the same, Any Law, Statute or Usage to the contrary notwithstanding. And lastly, Whereas a very great part of the richest and best Land of this Kingdom, is, and cannot so well be otherwise employed and made use of as in the Feeding and Fattening of ; And that by the coming in of late of vast numbers of already fatted, such Lands are in many places much fallen, and like daily to fall more in their Rents and Values, and in consequence other Lands also, to the great prejudice, detriment and impoverishment of this Kingdom; Be it further Enacted by the Authority aforesaid, and it is hereby Enacted, That for every head of great (except such as are of the breed of Scotland) that shall be imported or brought into England, Penalties upon importation of Foreign at certain times. Wales or the Town of Berwick upon Tweed, after the first day of July, and before the twentieth day of December in any year; And for every head of great of the breed of Scotland that shall be imported or brought into England, Wales or the Town of Berwick, after the four and twentieth day of August, and before the twentieth day of December in any year, there shall be paid to his Majesty, his Heirs and Successors the sum of twenty shillings; And the sum of ten shillings to him or them that shall inform or seize the same; And the sum of ten shillings to the Poor of the Parish where such Seizure or Information shall be made, to be recovered and levied by Bill, Plaint, or other Action, wherein no Essoign, Protection or Wager in Law shall be allowed. And moreover, That there shall be paid to his Majesty, his Heirs and Successors, for every Sheep which shall be Imported into England, Wales, or the Town of Berwick aforesaid, after the First day of August, and before the Twentieth day of December in any year, the sum of Ten shillings of lawful money of England, to be recovered and levied in manner aforesaid. Provided always, That this Act, in so far as it relates to great or Sheep, The continuance of this Act as to importation of . Encouragement of Herring Fisheries shall not take place till the First day of July, One thousand six hundred sixty and four, nor continue longer than the end of the First Session of the next Parliament. And for the encouragement of the Herring and North-Sea Island, and Westmony Fisheries, Be it Enacted, and it is hereby Enacted by the authority aforesaid, That from and after the First day of August, which shall be in the year of our Lord, One thousand six hundred sixty and four, no Fresh Herring, Fresh Could or Haddock, Coal-fish or Gull-fish, shall be Imported into England, Wales, or the Town of Berwick, but in English-built Ships or Vessels, or in Ships or Vessels bona fide belonging to England, Wales, or the Town of Berwick, and having such Certificate thereof as is abovesaid, and whereof the Master and three Fourths at the least of the Mariners are English, and which hath been fished, caught and taken in such Ships or Vessels, and so navigated, and not being ●ought or had of any strangers born, or out of any stranger's Bottoms, under the pain of the forfeiture of all such Herring, Codd, Haddock, Coal-fish, or Gull-fish imp●●ted, contrary to the true intent and meaning hereof, and of the Ship or Vessel in which it was Imported; One moiety of which forfeitures shall be to his Majesty, his Heirs and Successors, and the other moiety to him or them that shall inform, seize, or sue for the same, to be recovered by Bill, Plaint, or other Action, wherein no Essoign, Protection or Wager in Law shall be allowed. And be it further Enacted, and it is hereby Enacted by the Authority aforesaid, Duties to be paid upon importation of salted or dried Fish. That for the following sorts or kinds of salted or dried Fish, which from and after the said First day of August shall be imported into England, Wales, or the Town of Berwick, in any other Ship or Vessel then what is English-built, or belonging to England, Wales, or Town of Berwick, and having such Certificate thereof as abovesaid, and whereof the Master and three fourth's of the Mariners at least are English, and not having been fished and caught in such Ships or Vessels, and so navigated, there shall be paid by way of Custom and Impost the several sums of money herein after particularly mentioned, (that is to say) for Codfish, the Barrel Five shillings; for Codfish, the last containing twelve Barrels, Three pounds; for Codfish, the hundred containing sixscore, Ten shillings; for Coal-fish, the hundred containing sixscore, Five shillings; for ling, the hundred containing sixscore, One pound; for White Herrings, the Last containing twelve Barrels, One pound sixtéen shillings; for Haddocks, the Barrel, Two shillings; for Gull-fish, the Barrel, Two shillings. And forasmuch as planting and making Tobacco within this Kingdom of England doth continue and increase, to the apparent loss of his said Majesty in his Customs, the discouragement of the English Plantations in the parts beyond the Seas, and prejudice of this Kingdom in general, notwithstanding an Act of Parliament made in the Twelfth year of his said Majesties Reign for prevention thereof, Entitled, An Act for prohibiting the Planting, Setting, 12 Car. 2. cap. 34. The further penalty for planting Tobacco in England. or Sowing of Tobacco in England and Ireland. And forasmuch as it is found by experience, that the reason why the said planting and making of Tobacco doth continue, is, That the penalties prescribed and appointed by that Law are so little, as have neither power or effect over the transgressors thereof: For remedy therefore of so great an evil, Be it Enacted by the Authority aforesaid, That all and every the person or persons whatsoever, that do, or shall at any time hereafter Set, Plant, or Sow any Tobacco in Séed, Plant, or otherwise, in or upon any ground, field, earth, or place within the Kingdom of England, Dominion of Wales, Islands of Guernsey and Jersey, or Town of Berwick upon Tweed, or Kingdom of Ireland, shall over and above the penalty of the said Act for that purpose ordained, for every such offence forfeit and pay, the sum of Ten pounds for every Rod or Pole of ground that he or they shall so Plant, Set or Sow with Tobacco, and so proportionably for a greater or lesser quantity of ground; one third part thereof to the King's Majesty, one other third part thereof to the use of the poor of such respective Parish or Parishes wherein such Tobacco shall be so Planted, Set or Sowed; and the other third part thereof to him or them that shall sue for the same, to be recovered by Action of Debt, Bill, Plaint or Information in any of his said Majesty's Courts of Record at Westminster, wherein no Essoign, Protection or Wager of Law shall be allowed. And it is hereby further Enacted, That in case any person or persons shall resist or make forceable opposition against any person or persons in the due and through Execution of the said Act of the Twelfth of his said Majesty's Reign, that he, she, or they so resisting and making forceable opposition, shall over and above the penalties therein mentioned for such Offences, be committed to the Common Gaol of the County where such offence shall be committed, there to remain without Bail or Mainprize, until he, she, or they have entered into a Recognizance to his Majesty, his Heirs and Successors, with two sufficient Sureties of Ten pounds' penalty, not to do or commit the like offence again. Proviso for Tobacco planted in Physic Gardens. Provided always, That this Act nor any thing therein contained, shall not extend to the hindrance or prejudice of Planting Tobacco in any Physick-Garden of either of the Universities, or any other private Garden for Chirurgery, so as the quantity so planted exceed not the half of one Pole in any one place or Garden. imported from the Isle of Man. Provided also, and be it Enacted, That it shall and may be lawful to import of the breed of the Isle of Man, not exceeding six hundred in any one year; And Corn of the growth of that Island out of that Island into England; so as the said be landed at Chester, Liverpool or Wirewater; Any thing in this Act to the contrary thereof in any wise notwithstanding. CAP. VIII. Butcher's may not sell live fat . 3 & 4 E. 6. cap. 19 Whereas by an Act made in the Third and Fourth years of the Reign of King Edward the Sixth, It is Enacted, That no Person using the Craft or Mystery of a Butcher, should buy any fat Oxen, Steers, Runts, Kine, Heisers, Calves, or Sheep, and sell the same again alive, upon pain of forfeiture of the so sold; which Law hath not wrought such effectual Reformation as was intended, by reason of the difficulty in the proof of such Buying and Selling, being for the most part at places far distant, if not in several Counties, by means whereof the Parties so offending have escaped unpunished. Be it therefore Enacted by the Kings most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons in this present Parliament Assembled, and by Authority of the same, That no Person using the Trade of a Butcher shall at any time from and after the Feast of Saint Michael the Archangel next ensuing, Sell, Offer or Expose to sale in any Market, or elsewhere, either by himself, or any Servant or Agent whatsoever, any fat Oxen, Steers, Runts, Kine, Heifers, Calves, Sheep, or Lambs alive, upon pain to forfeit the double Value of the so Sold or Offered, Penalty upon Butchers for selling live fat . or Exposed to Sale as aforesaid; The one moiety of which forfeiture shall be to the King's Majesty, his Heirs and Successors, and the other moiety to him or them that will sue for the same in any of his Majesty's Courts of Record, by Bill, Plaint, Action of Debt or Information, wherein no Essoign, Protection or Wager of Law shall be allowed. CAP. IX. Four entire Subsidies granted to His Majesty by the Temporalty. EXP. CAP. X. An Act for Confirming of Four Subsidies, Granted by the Clergy. EXP. CAP. XI. An Additional Act for the better Ordering and Collecting the Duty of Excise, and preventing the Abuses therein. 12 Car. 2. cap. 24. FOr the preventing of the Frauds and Deceits of Brewers, and other persons who make Béer and Ale, and other Exciseable Liquors to sell, and of the abuses committed by the Officers, Collectors, and Managers of the Excise, to the great decay of his Majesty's Revenue of Excise, and obstruction of the due and orderly Collecting of the same, and for supply and amendment of certain defects in the Laws and Statutes relating to the Duty of Excise, as well for the support and advance of the said Revenue, as for the ease of the People; Be it Enacted by the Kings most Excellent Majesty, by and with the Consent of the Lords Spiritual and Temporal, and of the Commons in this Parliament Assembled, and by Authority of the same, That no common Brewer, Innkeeper, Victualler, or other Retailer of Béer or Ale, shall at any time after the First day of September, Notice to be given of all brewing Vessels. One thousand six hundred sixty three, without giving notice thereof at the next Office of Excise, or to the Commissioners, Farmers, or Sub-Commissioners of Excise, or one of them, within the Limits and jurisdiction of whose Office he or they do or shall Inhabit, Erect, Set up, Altar, or Enlarge any Tun, Fat, Back, Cooler or Copper, and shall make use of any of them for the Brewing or making any Béer or Ale, or Words, or shall make use of, or keep any private and concealed Storehouse, Cellar, or other place for the laying of any Béer or Ale, or Words in Cask, other than such as are already openly set up, erected and made use of in his common and usual Brewhouse, and now openly discovered and known, upon pain to forfeit the sum of Fifty pounds for every Tun, The Penalty. Fat, Back, Copper and Cooler set up and made use of without such notice given as aforesaid, and contrary to the true intent and meaning hereof; And that all and every other person or persons, in whose occupation any House, Message, Outhouse, or other place whatsoever is or shall be, where any such private and concealed Tun, Back, Cooler or Storehouse shall be found and discovered, shall also forfeit and lose the sum of Fifty pounds, to be levied and recovered in manner and form as in by this present Act is hereafter Directed and Ordained. And moreover, every such private and concealed Tun, Fat, Back, Copper or Cooler so discovered and found as aforesaid, or altered or enlarged, together with all Béer, Ale or Words therein being, shall and may be taken up, seized, carried away, and delivered to the Overséers for the Poor, to be sold for the use of the Poor, or distributed amongst them. And be it further Enacted by the Authority aforesaid, That from and after the Eighth day of November, in the year of our Lord, One thousand six hundred sixty and five, Commissioners for regulating may not Farm the Excise. 12 Car. 2. cap. 23. no person or persons whatsoever nominated by his Majesty to be in Commission for the Regulating of his Majesty's Revenue of Excise, or for the exercise of any the Powers or Authorities mentioned in an Act, Entitled, A Grant of certain Impositions upon Beer, Ale, and other Liquors, for the increase of His Majesty's Revenue during His life; Or one other Act, Entitled, An Act for taking away the Court of Wards and Liveries, and Tenors in Capite by Knight's Service and Purveyance, and for settling a Revenue upon his Majesty in lieu thereof, or in this present Act, 12 Car. 2. cap. 24. shall presume to Farm the said Revenue of his Majesty, either directly or indirectly, by obtaining Letters Patents to him or themselves thereof, or any person or persons whatsoever entrusted for him or them, or to or for his or their use, benefit or behoof; Nor that any person or persons whatsoever, being a Farmer of the said Revenue, shall be any way capable to be nominated a Commissioner for the Regulating his Majesty's said Revenue of Excise, or exercising any Powers or Authorities concerning the same: But if any person or persons who stands thus disabled as aforesaid, to be nominated a Commissioner, shall become a Farmer, and shall in either of the said cases nevertheless presume directly or indirectly to act as a Commissioner, Farmer, or Sub-Commissioner, to execute the Powers and Authorities aforesaid, either alone, or jointly with other persons that are Farmers, or else with any other who are not Farmers, shall from and after such his acting, lose the benefit of his said Farm, The Penalty. and be thenceforth totally for ever disabled to be either Farmer of the said Revenue, or Commissioner for the regulating thereof, and exercising the Powers aforesaid; And that all and every act and acts done by any Commissioner or Commissioners, or Sub-Commissioners, being Farmer or Farmers, by him or themselves, or jointly with others who are not Farmers, shall be void in Law, and of none effect; And that all and every person or persons any way molested or troubled by the command and authority of such Commissioner or Commissioners acting by him or themselves, or together with others who are not Farmers or Commissioners, may bring his Action at Law for the same in any of his Majesty's Courts at Westminster, and thereby recover his Damages against any such Commissioner or Commissioners, any Law or Statute to the contrary notwithstanding. And that all and every Letters Patents to be made from and after the Tenth day of April, in the year of our Lord, One thousand six hundred sixty and three, enabling any Farmer or Farmers of the Excise to be Commissioner or Commissioners, or Sub-Commissioners, shall be utterly void and of none effect; Any thing in any of the said Acts to the contrary notwithstanding. And that if any Commissioner or Sub-Commissioner, Commissioners or Sub-Commissioners, who by colour or virtue of any Letters Patents are now both Commissioners or Sub-Commissioners for regulating the said Revenue, and likewise Farmers of the said Revenue, The penalty for giving any false and corrupt judgement to the Brewer's damage. shall give any false and corrupt judgement in advancement of the benefit of his or their said Farm, to the Brewer's damage, contrary to Law, he or they shall forfeit for every such judgement so falsely and corruptly given, double Costs to the Party so injured by the said corrupt and false judgement: And in case any person shall unjustly complain of any judgement of the Commissioners or Sub-missioners as aforesaid, and so shall be found upon his Appeal, the said party shall forfeit double Costs to the said Commissioners, for such unjust vexations, to be recovered by Information, Bill or Plaint, in any Court of Record. And be it further Enacted by the Authority aforesaid, That from and after the First day of September, in the year of our Lord, One thousand six hundred sixty and three, The duty of Gagers in making Entries. all and every Gager or Gagers of the Excise, who shall take an account of any Béer or Ale brewed or made by any common Brewer, shall wéekly after such common Brewer hath made, or aught to have made his Entry at the Office of Excise, and not otherwise, make and deliver to such common Brewer at his house, or to some of his servants in his behalf, a true Copy under his or their hand, of such Return or Report as he or they have made thereof to the Commissioners or Sub-Commissioners of Excise respectively, upon pain to forfeit for every neglect or refusal the sum of Forty shillings. Provided nevertheless, That no such common Brewer or Brewers shall be sued or prosecuted for any penalty or forfeiture by him or them incurred, for or by reason of any mis-entry, or short Entry, if he or they shall within the space of one week after the delivery of such Copy as aforesaid, certify his or their Entry according to the said Return, or otherwise discharge himself. Be it Enacted, That from and after the said First day of September, One thousand six hundred sixty three, and as often as there shall be occasion, Two able Artists shall be appointed, Skilful Gagers to be made, and to take an oath. one of them by His Majesty's Commissioners, Farmers or Sub-Commissioners for Excise, and the other by the Brewers of any City or place; which said Artists shall take an Oath, which Oath any one justice hath hereby power to administer, to take and compute the just Contents and Gage of all Coppers, Fats, Tuns, Backs and Coolers, and all other Brewing-Vessels of that nature, belonging to all or any Brewer or Brewers of Béer or Ale to sell, and to deliver, and give under their hands, one Copy of the particular Contents of all such Vessels to the aforesaid Commissioners, Farmers, and Sub-Commissioners, and another true Copy thereof to each and every such respective Brewer; which Computation by the Artists aforesaid, shall answer and be according to the measures and proportions expressed in the said former Acts for Excise. Commissioners or Farmers not to act as justicesces of the peace in matters touching the Excise. And be it further Enacted, That no Commissioner, Farmer or Sub-Commissioner for the Excise, or Common Brewer of Ale or Béer to sell, or Inn-kéeper whatsoever, shall from and after the said First day of September, have power to act in, or execute as a justice of the Peace, any of Powers, Clauses, or things contained in any of the Laws made for and concerning the Excise, or in this present Act; And if any of the said persons shall presume to act or execute any thing contrary hereunto, It is hereby further Declared, That all such things so acted or executed by any of them, are and shall be utterly void and null to all intents and purposes. And whereas by the said recited Acts it is Enacted, That no person shall be compelled by the Commissioners or Sub-Commissioners of Excise, to Travel for the making of his Entries, or Payment of the Duties of Excise, or other Clause whatsoever touching or concerning the same, if he live in a Market-Town, Market Towns. out of the said Town; and if he live out of a Market-Town, then to no other place then to the next Market-Town to his habitation in the same County on the Market-day; And nevertheless the Commissioners and Sub-Commissioners, or their Officers have not accordingly kept Officers in the Market-Towns in many Counties within England and Wales, whereby such Entries and Payments for the Duties of Excise might be had and made, and yet do take and levy the Penalties and Forfeitures in the said Acts mentioned, for nonentry and Payment of the Duty, and do otherwise thereupon grieve and vex His Majesty's Subjects, contrary to the true intent and meaning of the said Acts; Be it therefore Enacted by the Authority aforesaid, That from and after the said First day of September, in the year of our Lord, One thousand six hundred sixty and three, the Commissioners, Farmers or Sub-Commissioners in each County within England and Wales, shall constitute and appoint, Officers to attend in Market-Towns touching receipts and duties of Excise. or depute under their hands and seals, such person or persons as they shall think needful in each respective Market-Town, to be there upon every Market-day, in some known and public place, for the receiving of the said Entries and Duties of Excise, and for performing all other matters and things touching the said Duty, according to the said Acts, and this present Act: which said person and persons so constituted or deputed (and the place where they intent to hold or keep such Office, being on the next Market-day after such Constitution or Deputation published in full and open Market) shall attend at such Office on every Market-day, in such Market-Town, and shall keep the said Office open from Nine of the Clock in the morning, until Twelve of the Clock at Noon; and from Two of the Clock in the Afternoon, until Five of the Clock in the Afternoon. And in case such Office shall not be so kept and attended in each Market-Town respectively, the Commissioners, Farmers, Sub-Commissioners, or other person or persons so neglecting or refusing to do the same, shall for every Market-day forfeit Ten pounds, the one half to the King's Majesty, His Heirs and Successors, and the other half to him or them that will Inform and Sue for the same in any of His Majesty's Courts of Record, by Action of Debt, Bill, Plaint or Information, wherein no Essoign, Protection or Wager of Law shall be admitted or allowed; And such person as shall come to such Market-Town to make such Entry or Payment of the Duties, The Penalty. and shall tender the same according to the said Acts, and be able to prove such Tender by the Oath of one or more sufficient Witnesses, shall not be liable to any Penalty or Forfeiture imposed by the said Acts, for such wéekly or monthly Entries or Payments as should have been made or paid on such Market-day; any Article, Clause or Thing in any or either of the said Acts, or this present Act to the contrary notwithstanding. And be it further Enacted by the Authority aforesaid, That from after the first day of September, At what times only Brewers may carry out their deer. No common Brewer of Béer or Ale, shall Sell, Deliver or Carry out any Béer or Ale to any his Customers, either in whole Cask, or by the Gallon, in any City, Town-Corporate, or Market-Town, before notice given to an Officer of Excise, but between the hours of the day hereafter mentioned (That is to say) From the Twenty fifth day of March, to the Twenty ninth day of September yearly, between the hours of Three of the Clock in the morning, and Nine of the Clock in the evening; and from the Nine and twentieth day of September, to the Five and twentieth day of March yearly, between the hours of Five of the Clock in the morning, and Seven of the Clock in the evening, upon pain that every Brewer doing contrary hereunto, shall for every such Offence forfeit and lose the sum of Twenty shillings for every Barrel of Béer or Ale that shall be so carried out contrary to the true meaning of this Act, to be Levied and Recovered as in and by this present Act is hereafter enacted and appointed. And be it further Enacted by the Authority aforesaid. That if any common Brewer, Inn-Kéeper, Victualler, or other Retailer of Béer or Ale, shall at any time after the First day of September, after an account hath been taken by the said Gager or Gagers, of the quantity and quality of the Béer, Mingling of strong and small words. Ale or Words found in his Tun, and other Brewing Vessels, convert any part of his small Béer or small Words so taken account of, into strong Béer or Ale, by mingling, letting down, or striking over any such strong Ale, or strong Words, into which, or amongst any such small Béer, or small Words, and shall sell, deliver out, or retail the same, or any part thereof, without giving notice to the same Gager or Gagers of the quality so mingled and converted as aforesaid; or if any such Brewer or Retailer as aforesaid, shall after the said time, hid, conceal, or convey any Béer, Ale or Words not Gauged, from the sight or view of the Gager or Gagers appointed to take account of the same, whereby the King's Majesty, or His Commissioners or Farmers shall or may be defrauded in any manner of wise, of the Duties due for the same, or any part thereof, every such common Brewer, Victualler and Retailer, for every Barrel of Béer or Ale by him or them so mingled, converted, sold, delivered, hid, concealed or conveyed away, contrary to the true intent and meaning hereof, shall forfeit and lose the sum of Twenty shillings, to be levied and recovered in manner and form as in and by this present Act is hereafter Ordained and appointed. And be it further Declared and Enacted, That all and every the Brewing-Vessels, Brewing-Vessels and Utensils subject to the debts and penalties of Excise. and Utensils for Brewing, into whose hands soever the same shall come, & by what Conveyance or Title soever the same be claimed, shall be liable and subject unto, and are hereby charged with all and singular the Debts and Duties of Excise in arrear, and owing by any person or persons for any Béer or Ale made within the said Brewhouse, and shall also be subject to all Penalties and Forfeitures incurred by such person or persons so using the said Brewhouse, for any offence against the Laws and Statutes for Excise; And that it shall be lawful in all cases to levy Debts and Penalties, and use such proceed against the Utensils therein contained, as it may be lawful to do in case the Debtor or Offender using the said Utensils had been truly and really Owner and Proprietor of the same. And be it further Enacted by Authority aforesaid, That after the first day of September, Brewers that brew for other Brewers. no common Brewer of Béer or Ale, nor any other person whatsoever, who hath or shall compound for the Duties of Excise for Béer or Ale by him brewed, or to be brewed, shall during the term of such Composition, Brew, or make, or suffer, or permit any Béer or Ale to be brewed or made within his Brewhouse, for any other common Brewer whatsoever, without first giving notice, as well of every particular brewing, as of the quantity and quality of the Béer and Ale at every such Brewing intended to be brewed and made, unto the respective Commissioners, Farmers or Sub-Commissioners of Excise, within the Districts of whose Office such common Brewer doth or shall inhabit, and forthwith paying down unto the said respective Commissioners, Farmers or Sub-Commissioners, the full Excise of all the said Béer and Ale, upon pain that as well the Brewer who shall brew the same, as the Brewer for whom the said Beer or Ale shall be brewed, shall forfeit and lose for every Barrel the sum of Five pounds, the one moiety to the King's Majesty, and the other moiety to the Informer that shall sue for the same in any Court of Record. And be it further Enacted by Authority aforesaid, That from and after the said first day of September, no person or persons shall be permitted to sell or retail any Coffée, Chocolate, Coffee, Chocolate, Sherbet, Tea. Sherbet or Tea, without Licence first obtained and had by Order of the General Sessions of the Peace in the several and respective Counties, Certificate being first shown that they have given good Security for the due payment of their deuce to the King, or the chief Magistrate of the place in whose jurisdiction he or they do or shall inhabit or dwell, for the Selling or Retailing of the same; Nor shall any Licence be granted to any Retailer, until Security first given by Recognizance or otherwise: For which Licence, Recognizance and Security, Twelve pence shall be given, and no more, for the payment of the Excise. And every person or persons Selling or Retailing any of the said Liquors without Licence had, and Security given as aforesaid, shall forfeit and lose the sum of Five pounds for every month he or they shall continue Selling or Retailing the same. And be it further Enacted by the Authority aforesaid, Gagers' may take no bribes nor rewards, to make false returns. That from and after the said first day of September, no Brewer or other person whatsoever shall Bribe or Corrupt, or give any Money, Fee, or other Reward whatsoever to any Gager or Gagers, or other Officer whatsoever, to make any false Return or Report into the Office of Excise, of any Béer, Ale, or other Liquors Exciseable, made or brewed, or to be made or brewed, within his or their Charge, Division or Walk, or to forbear or omit the doing or executing of his or their Places or Employments, upon penalty of Ten pounds for every such Offence; And that no Sworn Gager or Gagers, or other Officer whatsoever, shall directly or indirectly take and receive any Bribe, Money, Fee, Gift, or other Reward of any Brewer or other person whatsoever, for any cause or matter relating to the Excise, upon Penalty that every such Sworn Gager or other Officer so offending, shall for every such offence forfeit and lose the sum of Ten pounds: All and every of which said respective offences shall be proved by the Oaths of Two lawful and credible Witnesses before Two justices of the Peace, or chief Magistrate of the place where such offence shall be committed; which said justices or Magistrates respectively have hereby power to administer the said Oaths, and also to Examine, Adjudge and Determine the same, and to cause such Penalties by Warrant under their hands and seals, to be levied by Distress and Sale of the Offenders Goods, rendering to the Party the overplus; and for want of such Distress, to commit every such Offender to the Common Gaol of such County or Place, there to remain by the space of Three Months without Bail or Mainprize. And for the better Levying and Collecting the Duties of Excise upon all Foreign or Imported Liquors; Be it Enacted by Authority aforesaid, Foreign Liquors imported to be duly entered. That no such Foreign or Imported Liquors shall be landed or put on shore out of any Ship or Vessel from beyond the Seas, before due Entry be first made thereof, with the Officer and Collector appointed for the Excise, in the Port or Place where the same shall be Imported, or before the Duty of Excise due and payable for the same be fully satisfied and paid; And that every Warrant for the landing or delivering of any such Foreign Liquors shall be Signed by the hand of the said Officer or Collector of the Excise, in the said Port or Place respectively; upon pain that all such Foreign Liquors as shall be landed, put on shore or delivered, contrary to the true intent and meaning hereof, or without the presence of an Officer or Waiter for the Excise, or the value thereof, shall be forfeited and lost, the one moiety to the King's Majesty, and the other moiety to him or them who shall or will Seize, Inform or Sue for the same, to be recovered of the Importer or Proprietor thereof. And that no person or persons whatsoever bringing any Exciseable Liquors (except Béer, Ale, Cider, Perry and Metheglin) into any part or place of this Realm, by Coast, Cocquet, Transire or Certificate, nor any person or persons to whom the same, or any of them shall be consigned, shall land, or cause any such Exciseable Liquors (except before excepted) to be landed or put on shore, without making or causing due Entry to be made of the same, with the Officer or Officers of the Excise for the time being, appointed to receive and take such Entries within the Port or Place where the same shall be landed, upon pain in every such case as aforesaid, to forfeit double the value of the said Liquors landed or put on shore contrary to the true intent and meaning hereof. Appeals in causes of Excise. Provided also, and be it further Enacted and Ordained by Authority aforesaid, That no Appeal in any Cause of Excise whatsoever shall be admitted, until the Party Appellant shall have first Deposited and laid down the single Duty of Excise in the hands of the Commissioners, Farmers or Sub-Commissioners of Excise within whose jurisdiction or Division the said Cause was originally heard and determined, and have given Security to the Commissioners of Appeal, or justice of the Peace respectively where such Cause is to be finally Adjudged, for all such Fine, Forfeiture and Penalty, as upon such hearing and determination was Adjudged against him; And that if upon the hearing and determining of any such Appeal, the said Original judgement shall happen to be reversed and made null, then, and in every such case, the said Commissioners, Farmers, or Sub-Commissioners of Excise in whose hands the said single Duty of Excise was deposited, shall restore and deliver back the same, or as much thereof as shall be adjudged by the Commissioners of Appeals, or justices of the Peace respectively to the said Appellant, and the party originally prosecuted, shall pay him double Costs. But in case the first judgement shall be affirmed, the party Appealing shall pay the like Costs unto the Commissioner or Commissioners complained of; Any thing in this Act, or any other Act or Statute whatsoever to the contrary thereof contained in any wise notwithstanding. Excise upon Vinegar-beer. And be it further Enacted by Authority aforesaid, That all and every person or persons whatsoever, Brewing or Making any Béer, whether in a common Brewhouse, or otherwise for sale, or to convert into Vinegar for sale, shall pay for every Barrel of such Vinegar-Béer so made and brewed, the several and respective sums already imposed and set by any the Acts of Excise above mentioned, upon Vinegar-Béer brewed by any common Brewer in any common Brewhouse; Any thing in the said Acts, or either of them, to the contrary notwithstanding. Colleges and Halls in the University. And is it hereby further Declared, That every College and Hall in either of the Universities, which before the Duty of Excise was imposed, did brew their own Béer and Ale within their own Precincts, and size it out to their respective Members within their own Precincts only, are not liable to the payment of any Duty of Excise for the same, either by this or any the forementioned Acts. Provided also, and be it Enacted, That all Differences, Appeals and Complaints that shall happen and arise between party and party, Complaints to be determined in the proper counties. in order to the payment of the Duty of Excise, shall be heard and determined in the proper County, or in the several Ridings and Divisions of Yorkshire and Lincolnshire, where they shall arise, and not elsewhere. Commissioners or Farmers may take no Fees. And be it further Enacted by the Authority aforesaid, That no Farmer, Commissioner, Sub-Commissioner, or other Officer of Excise, shall directly or indirectly take or receive any Money, Fee or Reward, for or concerning the taking of any Bond, or giving any Receipt or Note in Writing, relating to the Excise, to or from any person or persons whatsoever, upon pain that every such person so offending shall for every such offence forfeit the sum of Ten shillings. Who may hear and determine matters upon this Act. And be it further Enacted by the Authority aforesaid, That the justices of the Peace, or any two or more of them, or Chief Magistrates in the several Counties, Cities, Divisions and Places within England and Wales respectively, shall meet once in every month in their respective Divisions, or oftener if there shall be occasion, to hear, determine, and to adjudge all matters and offences against this or the aforesaid Acts. How the penalties upon this Act shall be disposed and recovered. And be it further Enacted by the Authority aforesaid, That one third part of all Fines, Penalties and Forfeitures not herein otherwise disposed, shall be to the King's Majesty, His Heirs and Successors, & one other third part to the poor of the Parish where the Offence shall be committed, & the other third part to him that shall inform and sue for the same; And that all Fines, Penalties and Forfeitures for which no remedy is Ordained for recovery thereof by this Act, shall be recovered by Action of Debt, Bill, Plaint or Informations in any Court of Record within such County, City or Corporation where the Offence shall be committed, or by such other ways and means, and in such manner as by the said former Act is directed and appointed. Appeals for matters in London, and the limits thereof. Provided always, That after the said Third day of September, no Appeal in any Matter or Cause of Excise within the immediate Limits of the Chief Office of London, nor within the Limits of the present Farm of London, during the continuance of such Farm, shall be admitted, unless the same be brought within Two Month's next after the first judgement, and notice thereof given or left at the Dwellinghouse of the party or parties concerned therein; nor shall any Appeal in any Matter or Cause of Excise in any other County, City, Town or Place, be admitted, unless the same be brought within Four Months after the first judgement, and notice given as aforesaid; Any thing in this Act to the contrary notwithstanding. Provided nevertheless, And it is hereby Enacted, That no Commissioner, Farmer, No Commissioner or other may act until he have taken the Oath in the Act of. 12 Car. 2. cap. 23. Sub-Commissioner or other person employed, or to be employed in the Farming, Collecting or taking Accounts for the Duty of Excise, do after the First day of September next, take upon him or them any such Office, or proceed in execution of any such Employment, until he or they have first taken the Oaths appointed to be taken by the Act of Parliament, Entitled, A Grant of certain Impositions on Beer, Ale, and other Liquors, for the increase of His Majesty's Revenue during His life, before the respective persons appointed in the said Act of Parliament, and have Entered his Certificate for taking the said Oaths, with the Auditor for Excise, under the penalty of Fifty pounds for every Month he or they shall so neglect to take the same. CAP. XII. An Explanatory Act, for Recovery of the Arrears of Excise. BE it Declared and Enacted by the Kings most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and of the Commons in this present Parliament Assembled, and by Authority of the same, That where any Commissioner, Sub-Commissioner, Treasurer, In what cases Sureties for Excise shall be answerable for the arrears. 12 Car. 2. cap. 11. and all other Officers which were heretofore employed in the Receipt of the Excise, Farmer or Collector of Excise, which are and standeth charged with, or accountable for any Duties of Excise by him or them received, farmed or detained, or any ways due from the persons before named, or any of them, and not pardoned by the late Act, Entitled, An Act of Free and General Pardon, Indemnity and Oblivion; That there, and in such case, all and every the Sureties of such person and persons charged or chargeable as aforesaid, shall be deemed and taken to be liable and answerable according to the nature of their respective Securities; Any doubt or question made touching the Construction of the said late Act of Free and General Pardon to the contrary notwithstanding. And be it further Declared and Enacted by the Authority aforesaid, That where the Commissioners of Excise for the time being, or the major part of them have Issued out any Summons or Warning, which hath been left at the house, or usual place of residence, or with the Wife, Child, or menial Servant of any the aforesaid person or persons Chargeable or Accountable as aforesaid, The same shall be deemed and adjudged a good and sufficient Summons, and as legal and effectual a notice as if the same had been actually delivered to the proper hands of such person or persons to whom the same was directed; Any doubt or question thereof made to the contrary notwithstanding. CAP. XIII. An Additional Act for the better Ordering and Collecting the Revenue arising by Hearth-Money. Whereas the Revenue Settled on His Majesty, His Heirs and Successors, by a late Act, 14 Car. 2. cap. 10. Entitled (An Act for Establishing an Additional Revenue upon His Majesty, His Heirs and Successors, for the better support of His and their Crown and Dignity) hath been much obstructed for want of true and just Accounts under the hands of the respective Occupiers of Houses, Edifices, Lodgings and Chambers, as by the said Act is required, and by the negligence of Constables and other Officers entrusted with the Taking and Reforming such Accounts: Be it therefore Enacted by the Kings most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons in this present Parliament assembled, and by the Authority of the same, That the justices of the Peace of the respective Counties, How the justices of the Peace shall cause accounts to be taken of the number of Hearths. Corporations, Places and Limits within their respective jurisdictions, at the next Sessions to be held after the Feast of Saint Michael the Archangel next ensuing, or the major part of them then present, shall issue out Warrants under their Hands and Seals to the respective High Constables, or other like next Officer, who shall issue the like Warrants unto the Petty Constables, Head-boroughs and Tythingmen, requiring them on the next Sunday, after Morning-Service ended, to give public notice in the Church or Chappel generally to all the Inhabitants, and also to give notice publicly in the Church, and particularly as aforesaid to every Inhabitant within their respective Precincts, that shall then be Occupier of any House, Edifice, Lodging or Chamber, That within Ten days next after such notice, he give a true and just account in writing under his hand, of all Hearths and Stoves in such respective House, Edifice, Lodging and Chamber, unto such respective Constable, Head-borough and Tythingman; who upon receipt of such Account, shall with Two other substantial Inhabitants of the said respective Precinct, whom they are hereby Authorized to Charge for that purpose, in the daytime enter into the respective House, Edifice, Lodging and Chamber, and upon his own view compare such Account, and see whether the same be truly made or not, and endorse the same Account accordingly to what he finds upon his view; which Account so received and endorsed, shall be by him transmitted within twenty days after such Receipt to the respective High-Constable, or other like Officer as aforesaid, together with a Book or Roll fairly written, wherein shall be Two Columes, The one containing the Names of the persons, and number of Hearths and Stoves in their respective Possessions, that are chargeable by the said Act; and the other the Names of the persons, and number of Hearths and Stoves in their respective possessions, which are not chargeable by the said Act: Which being so received by such respective High Constable, or other like Officer as aforesaid, and compared together, shall within six days after such Receipt be transmitted to the two next respective justices of the Peace, who are hereby empowered to examine the said respective High-Constable, or other like Officer as aforesaid, Petty Constable, Headborough or Tythingman, upon Oath, concerning the truth and faithfulness of their actings in the premises; which being done, the said justices shall within ten days after such examination, Sign and Transmit the said Book and Roll, together with the said Original Accounts so endorsed as aforesaid, and filled together, unto the respective Clerk of the Peace, who shall within Twenty days after receipt thereof, Engross the said Book or Roll in Parchment, to be still kept in the respective County and Places aforesaid; and shall also within Two Months Engross in Parchment a true Duplicate of the said Book or Roll, which being Signed by him and by two justices of the Peace at least of the respective County and Places aforesaid, shall be transmitted within one Month after such Engrossement into His Majesty's Court of Exchequer. Penalty for omitting any Hearth. Provided always, and be it Enacted by the Authority aforesaid, That if any Occupier of any House, Edifice, Lodging or Chamber, shall not make, or cause to be made an Account, or shall omit in his Account required to be made by this Act, any Hearth or Stove; he shall for every such Hearth or Stove he shall so omit, forfeit the sum of Forty shillings. Penalty upon Constables for neglect. Provided also, That if any Petty Constable, Headborough or Tythingman to whom such Accounts as aforesaid shall come, shall neglect to transmit the same, together with a Book or Roll in manner and time aforesaid, to the respective High Constable, or other like Officer as aforesaid, or shall make default in giving such notice as aforesaid, or in comparing the Account with two substantial Inhabitants as aforesaid, shall forfeit for every such offence, the sum of Five pounds. High-Constables. Provided also, That if any High-Constable, or other like Officer as aforesaid, shall neglect to compare the said Original Accounts and the said Book or Roll, or to transmit the same in manner and time aforesaid, he shall for every such Offence forfeit the sum of Ten pounds. All which before mentioned Forfeitures and Penalties shall be recovered by Action of Debt, Bill, Plaint or Information, in any of his Majesty's Courts of Record, the one half to the use of his Majesty, the other half to the use of him or them that shall sue for the same. Prejudice by charge of annual officers remedied. And whereas His Majesties said Revenue settled by the aforesaid Act, hath been much prejudiced by Annual changing of Petty Constables, Headboroughs, Tythingmen, High-Constables and Sheriffs, to whom the Collecting and Receipt of His Majesties said Revenue is thereby entrusted; Be it therefore Enacted by the Authority aforesaid, That the changing of such Annual Officers, or leaving of their said Offices, shall not excuse or disable any person who shall be Constable, Headborough, Tythingman, High-Constable or Sheriff at the time that any Revenue or Duty shall grow due or payable by the said Act, from Collecting, Distraining and Receiving respectively such Revenue or Duty so grown due; but that every such person in such case is hereby enabled and required to do all things respectively, as to such Revenue or Duty so growing due, as if he had continued Constable, Headborough, Tythingman, High-Constable or Sheriff; Any thing in the said Act to the contrary notwithstanding. Penalty for neglecting to distrain, receive, or pay over the said duty. Provided also, and be it Enacted by the Authority aforesaid, That if any person who by the said, or this Act, aught to Collect, Distrain for, Receive or Pay over any the said Revenue, shall neglect or refuse to do his duty therein, for every week he shall neglect or refuse, he shall forfeit the sum of Twenty shillings, to be recovered in manner, and by such person or persons as the aforesaid Forfeitures by this Act are to be recovered. All persons may be called in aid to distrain. Provided also, and be it Declared and Enacted by the Authority aforesaid, That in all cases which by this or the aforesaid Act, any Petty Constable, Headborough or Tythingman may enter into the house of any person, or he may distrain the Goods of any person, he may call to his aid any two sufficient Inhabitants of the respective Townships or Precincts, who are hereby enjoined to assist him therein. Sheriff's appointed Collectors, may make their Deputies. Provided also, and be it Enacted and Declared by the Authority aforesaid, That where any Sheriff is by the aforesaid Act appointed to be Collector of any part of the said Revenue, that such Sheriff may execute the said place of Collector, by such Deputy or Deputies as to him shall seem meet, being thereunto appointed under the Great Seal of his Office, or under his own hand and seal; Any thing in the said Act to the contrary notwithstanding. Treasurers and Officers of the Inns of Court, Chancery, Colleges, etc. Provided also, and be it Enacted by the Authority aforesaid, That the respective Treasurers, and other Officers of the respective Inns of Court, Inns of Chancery, Colleges, and other Societies chargeable by the aforesaid Act for their Hearths and Stoves, shall do all things as the respective Constables by this Act are enjoined to do, under the like Penalties, though without any Warrant from the respective justices of the Peace; And that every Occupier of any House, Edifice, Lodging or Chamber within any the respective Inns of Court, Inns of Chancery, Colleges and Societies aforesaid, shall do all things, and under the like Penalties as are required by this Act of any Occupier of any House, Edifice, Lodging or Chamber elsewhere. Provided always, and be it Enacted by the Authority aforesaid, Westminster. That the High Bailiff of Westminster for the time being, or his or their Deputy or Deputies, may within the City and Liberties of Westminster, from and after the Eight and twentieth day of September next, Collect and Levy the said Duty, and put in execution all the Powers of the said former Act, and this present Act, as amply as any Sheriffs who by the said former Act are made Collectors, may do within their respective Limits and jurisdictions appointed to them by the said Act: And the said Bailiff for the time being shall be subject to the same Penalties and Duties as the said Sheriffs are, and shall receive the same reward; and the Sheriff of Middlesex for the time being is discharged from putting in execution the Trust aforesaid in the said City and Liberty of Westminster, from the said Eight and twentieth day of September, saving only for the Collecting of such arrears as then shall happen to be: And the Constables and Headboroughs, and other Officers within the said City and Liberty of Westminster, shall deliver unto the said Bailiff, Duplicates of all Accounts of Hearths and Stoves, and do all other things in such manner as by the said Act they ought to have done unto the said Sheriffs; any thing in the said, or this Act to the contrary notwithstanding. Provided always, and be it Enacted by the Authority aforesaid, That the Bailiff of the Burrow of Southwark for the time being, his Deputy or Deputies may within the said Burrough, Southwark. and other Liberties of Southwark, from and after the Eight and twentieth day of September next, Collect and Levy the said Duty, and put in execution all the Powers of the said former Act, and this present Act, as amply as any Sheriffs who by the said former Act are made Collectors may do within their respective Limits and jurisdictions appointed to them by the said Act; and the said Bailiff for the time being shall be subject to the same Penalties and Duties, as the said Sheriffs are, and shall receive the same reward; and the Sheriff of Surrey for the time being is discharged from putting in execution the trust aforesaid in the said Burrough and Liberties of Southwark, from the said Eight and twentieth day of September; And the Constables and other Officers within the said Burrough and Liberties, shall deliver unto the said Bailiff, Duplicates of all Accounts of Hearths and Stoves, and do all other things in such manner as by the said Acts they ought to have done unto the said Sheriffs; Any thing in the said former or this Act to the contrary notwithstanding. Provided always, and be it Enacted by the Authority aforesaid, That it shall and may be lawful to and for the Lord High Treasurer of England, Allowance to Clerks of the the Peace of the several Counties. and the Chancellor of His Majesty's Court of Exchequer, or either of them, to give and make such further allowance unto the Clerks of the Peace of the respective Counties of this Kingdom (for their labour and pains in and about the Writing, Engrossing and Returning into His Majesty's Court of Exchequer, the Duplicates and Returns of the several Constables, in Parchment, over and besides what is allowed by the said first recited Act) as the said Lord High Treasurer and Chancellor, or either of them shall think meet and convenient, the same allowance not exceeding One penny in the pound by the year; Any thing in the said former, or in this Act to the contrary notwithstanding. CAP. XIV. The Profits of the Post-Office, and Power of Granting Wine-Licenses settled on His Royal Highness the Duke of York, and the Heirs Males of his Body. WHereas the Lords and Commons being assembled at Westminster the Five and twentieth day of April, Anno Domini One thousand six hundred and sixty, in the Twelfth Year of the Reign of our most Gracious Sovereign Lord Charles the Second, by the Grace of God of England, Scotland, France and Ireland King, Defender of the Faith, etc. were there continued until the Nine and twentieth day of December next following, and then Dissolved; In which time a certain Act was made, Entitled, 12 Car. 2. cap. 25. 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 settling and limiting the prices of the same: Whereby it was Enacted, That no person or persons whatsoever, from and after the Five and twentieth day of March, in the year of our Lord, One thousand six hundred sixty and one, unless he or they should be authorized and enabled in manner and form as by the said Act is appointed, shall sell or utter by Retail any kind of Wine or Wines to be spent in his or their Mansion-house or Houses, or other place by any means whatsoever, upon pain of forfeiting for every such offence, the Sum of Five pounds, the one moiety thereof to the King, and the other moiety to him or them that will sue for the same. And it was further thereby Enacted, That it should be lawful for His Majesty, his Heirs and Successors, from time to time to issue out under his or their Great Seal of England One or more Commission or Commissions directed to two or more persons, thereby authorising them to licence, and give authority to such person or persons as they should think fit, to sell and utter by Retail, all and every, or any kind of Wine or Wines to be drunk and spent, as well within the house or houses, or other place in the Tenure or Occupation of the party so Licenced, as without, in any City, Town or other place within the Kingdom of England, Dominion of Wales, and Town of Berwick upon Tweed; and such Commissioners are to Contract for selling and uttering of Wines by Retail in any City or other place, as aforesaid, in such manner and form, and under such Prouisoes as in the said Act is mentioned. And it is further provided by the said Act, That the Rents, Revenues, and Sums of money arising by the said Act should be duly and constantly paid, and answered into His Majesty's Receipt of Exchequer, and not be charged or chargeable, either before it be paid into the Exchequer, or after, with any Gift or Pension; as by the said Act, amongst divers other Prouisoes and Clauses may more at large appear. And also one other Act was at the same time made, Entitled, An Act for Erecting and Establishing a Post-Office: 12 Car. 2. cap. 34. Whereby it is Enacted, That from thenceforth there should be one general Letter-Office erected and established in some convenient place within the City of London, from whence all Letters and Pacquets may be sent into any part of the Kingdom of England, Scotland and Ireland, or other of His Majesty's Dominions, or unto any Kingdom or Country beyond the Seas: And that one Master of the said General Letter-Office, shall be from time to time appointed by the King's Majesty, His Heirs and Successors, by His or their Letters Patents, under the Great Seal of England, The Office of Postmaster General. by the name and stile of His Majesty's Post-Master-General; which said Postmaster and his Deputy and Deputies, by him thereunto sufficiently authorized, and his and their Servants and Agents, and no other person shall have the receiving, ordering or sending Post of all Letters, and Pacquets whatsoever, to be sent to and from the places aforesaid (except as therein and thereby is excepted) And it was thereby provided, That such Post-Master-General, and his Deputy and Deputies may demand, have, receive and take for the Portage of all such Letters which he shall convey, as aforesaid, and for the providing and furnishing horses for thorough-Posts, according to the Rates therein mentioned; And that His Majesty, His Heirs and Successors may Grant the said Office of Post-Master-General, with the Powers and Authorities thereunto belonging, and the several Rates of Portage therein mentioned, and all Profits, Privileges, Fees, Perquisits and Emoluments thereunto belonging, either for life or term of years, not exceeding One and twenty years, to such person and persons, and under such Covenants, Conditions, and yearly Rents to His said Majesty, His Heirs and Successors reserved, as he or they shall from time to time think fit; As by the said Act, amongst divers other Clauses and Prouisoes therein contained may more at large appear; Both which Acts have been confirmed by this present Parliament. Now forasmuch as the Kings most Excellent Majesty is graciously pleased out of His Princely care, and great love and affection to His most entirely beloved Brother James Duke of York, for and towards the Maintenance and Support of the said Duke his State and Dignity, to Grant and Assign all and every the Power and Powers, Authority and Authorities of giving Licence to any person or persons to Sell or Utter by Retail, all and every, or any kind of Wine or Wines whatsoever, with all Rents, Sum or Sums of Money, Revenues, Profits and Emoluments whatsoever, that shall or may arise from, or out, or by reason of such power of Licensing the Retailing of Wines, or Forfeitures for Retailing of Wines without such Licenses, unto the said James Duke of York, and to the Heirs males of his Body begotten, or to be 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 Utter 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 Licenced, 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 moiety 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 Uttering 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 Uttering Wines by Retail in any City, Town or other place, as aforesaid, any Law, Statute, Grant, Usage or Custom to the contrary in any wise notwithstanding, in as full and ample manner as the King's Agents or Commissioners might do by virtue 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 Uttering 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 Uttering Wines by Retail to any person or persons, or for any time or times, not exceeding 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 agreed for and reserved, shall be duly paid at the times and places agreed 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 Majesty's Courts of Record at Westminster, or elsewhere, in his own Name; or to sue for the same in His Majesty's 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 virtue of the Act for Wine-Licenses. Provided always, That the King's Majesty, His Heirs and Successors, shall not during the continuance of the said Estate , by himself or Agents, grant any Commission or Commissions, Licence or Licenses, for the Selling or Uttering of any Wines by Retail. And also Provided, That nothing in this Act contained, shall make void any Contracts, Leases or Agréements that have been made by His Majesty's Agents, for granting Licenses for Selling and Uttering 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, accrue, 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 Postmaster 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 accrueing or growing due for, or by reason of the same, shall be, and hereby are vested and settled by virtue 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 accrueing 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, accrueing 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 of Law or Equity, wherein no Protection, Wager of Law or Essoign shall lie. Provided also, Proviso for Daniel Oneale, Esquire. EXP. That nothing herein contained shall make void the Grant made by His Majesty to Daniel Oneale Esquire, of the Office of Post-Master-General, or general Letter-Office, or Post-Office, for four years, and one quarter of a year, from the said Five and twentieth day of March, in the year of our Lord, One thousand six hundred sixty and three, under the yearly Rent of One and twenty thousand five hundred pounds for all the said Term (Except the last Quarter, which is paid aforehand) so as the said Rents be paid unto his said Highness James Duke of York, and to the Heirs Males of his Body begotten, or to be begotten. Provided also, And it is hereby further Enacted and Declared, That it shall and may be lawful for the King's Majesty, His Heirs and Successors, at any time or times, during the said Estate Tail, by Warrant under His Privy-Seal to charge any Sum, or several Sums of Money, not exceeding in the whole the Sum of Five thousand three hundred fourscore and two pounds ten shillings, to be paid out of the profits of the Office of Post-Master-General; to the which said Sum of Five thousand three hundred fourscore and two pounds ten shillings, the several Sums and Payments now already charged thereupon, do in the whole amount, (the Grant of which Sums are not to be avoided by this Act) And which said Sums of Money, not exceeding the said Sum of Five thousand three hundred fourscore and two pounds ten shillings, to be granted by His Majesty as aforesaid, are and shall be by Authority of this Act confirmed and made in full force. His Majesty may nominate the Post-Master-General. Provided further, That the Kings most Excellent Majesty, His Heirs and Successors shall have the nomination of the Post-Master-General of the said Post-Office, and shall from time to time nominate and appoint such person and persons as he or they shall please, to be Post-Master-General of the said Office, and may grant the same Office with the Power and Authority thereunto belonging, and the said Rates of Portage in the said Act mentioned, either for site, or term of years, not exceeding One and Twenty years to such person or persons, as he or they shall think fit, under the most improved yearly Rent that can be reasonably had or gotten for the same by the said Duke, or the Heirs males of his Body begotten, or to be begotten, without Fines; the said yearly Rend to be reserved and payable to the said Duke, and to the Heirs males of His Body begotten, or to be begotten, and also under such Covenants, Conditions and Agréements, as the said Duke, or the Heirs males of his body begotten, or to be begotten, shall think fitting; Any thing in this present Act contained to the contrary notwithstanding. The Duke may jointure any wife in a third part of the Profits. Provided always, and it is hereby Declared, That it shall and may be lawful, to, and for the said James Duke of York, and the Heirs males of his Body begotten, and to be begotten, to settle any part of the said Premises, not exceeding a Third part of the clear yearly value, over and above all Charges and Reprises, for a jointure for his or their Wife or Wives; and also to Lease any other part of the said Premises for any number of years, not exceeding One and Twenty years, and not exceeding one other third part of the clear yearly value of the Premises, over and above all other Charges and Reprises, in order to raise Portions for his or their younger Children. Proviso for the Universities. Provided also, That this Act, or any thing therein contained, shall not in any wise be prejudicial to the Privilege of the two Universities of this Land, or either of them, or to the Chancellor or Scholars of the same, or their Successors, but that they may use and enjoy such Privileges as heretofore they have lawfully used and enjoyed; Any thing herein to the contrary notwithstanding. Proviso for the company of Vintners of London. Provided also, That this Act, or any thing therein contained, shall not extend, or be prejudidicial to the Master, Wardens, and Fréemen and Commonalty of the Mystery of Vintners of the City of London, or to any other City or Town Corporate, but that they may use and enjoy such Liberties and Privileges, as heretofore they have lawfully used and enjoyed; Any thing herein contained to the contrary in any wise notwithstanding. Provided also, And be it Enacted by the Authority aforesaid, That this Act, or any thing therein contained, Proviso for the Borough of St. Alban. shall not in any wise extend to debar or hinder the Mayor and Burgesses of the Borough of Saint Alban in the County of Hertford, or their Successors, from enjoying, using, and exercising of all such Liberties, Powers and Authorities to them heretofore granted by several Letters Patents, under the Great Seal of England by Queen Elizabeth and King James, of famous Memories, for the Erecting, Appointing, and Licensing of Three several Wine-Taverns within the Borough aforesaid, for and towards the maintenance of the Frée-School there; but that the same Liberties, Powers and Authorities shall be, and are hereby established and confirmed, and shall remain, and continue in, and to the said Mayor and Burgesses and their Successors, to and for the Charitable use aforesaid, and according to the tenor of the Letters Patents aforesaid, as though this Act had never been made; Any thing herein contained to the contrary in any wise notwithstanding. Proviso for the University Letters. Provided always, That all Letters and other things may be sent or conveyed to or from the two Universities, in manner as heretofore hath been used; Any thing herein to the contrary notwithstanding. CAP. XV. The Manufactures of making Linen Cloth and Tapestry encouraged. The inconvenience by importing foreign materials of Linen and Tapestry Hang. Whereas vast quantities of Linen Cloth, and other Manufactures of Hemp and Flax, and of Tapestry Hang are daily Imported into this Kingdom from Foreign parts, to the great Detriment and Impoverishment thereof, the Moneys and quick-stock of this Kingdom being thereby daily exhausted and diminished, and the poor thereof unemployed, while the Materials for the making of such Hang are here more plentiful, and better and cheaper than in those places from whence they are Imported; And Flax and Hemp might be had here in great abundance, and very good, if by setting up the Manufactures of such Commodities as are made thereof, it would be taken off the hands of such as sow and plant the same; Encouragement of English Manufactures. For the Encouragement therefore of those Manufactures, 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 Commons in this present Parliament Assembled, 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, freely 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. privileged or unprivileged, 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 hanging. Foreigners may use those trades and enjoy all privileges as natura born subjects. Oath of Allegiance and Supremacy. Occupation or Mystery of making any sort of Tapistry-hanging; Any Law, Statute or Usage 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 three 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 justices of the Peace near unto their dwellings, who are hereby authorized to administer the same, enjoy all Privileges 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 virtue of this Act shall not at any time be liable to any other or greater Taxes, Payments or Impositions then such as are or shall be paid by his Majesty's Natural born Subjects, unless in case they shall use and exercise Merchandise into, and from Foreign parts, in which case they shall be liable to pay such Customs as have usually been 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 proceed 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 moiety to his Majesty his Heirs and Successors, and the other moiety 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, We●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 three, no ship or vessel shall proceed 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, levied or taken in Newfoundland any Toll, Newfoundland. 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 Seem or other Net, in or near any Harbour in Newfoundland, 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 Seems or Nets, and of the fish taken in them, or of the value thereof, to be recovered in any of his Majejesties' Courts in Newfoundland, 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, etc. for fishing in Newfoundland. The penalty. shall burn, destroy or steal any Boat, Cask, Salt, Nets or other Utensils for Fishing or making of Oil, or other goods or Merchandise left in any Harbour in Newfoundland, or Greenland by English; or burn, pull down or destroy any house built by English in Newfoundland or Greenland, to live in during the Fishing season, or Stage built by them in either of the said places for the saving or ordering of Fish, or making of Oil, upon pain of the loss of double the value of what shall be by them stolen, burnt or destroyed, to be recovered in any of his Majesty's Courts in Newfoundland or Greenland respectively, or in any Court of Record in England, by Bill, Plaint or other Action, wherein no Essoign, Protection or Wager in Law shall be allowed. A repeal of the Statute concerning Madder. 14 Car. 2. c. 30 And whereas upon the humble Petition and complaint of the Merchants and Salters of the City of London, it doth appear, That some sorts of Madder very useful for Dying cannot be Imported so pure and clean, as by one Act passed the last Session of this present Parliament, (Entitled, An Act for the Importation of Madder pure and unmixed) is directed and appointed; Be it Enacted, and it is hereby Enacted by the Authority aforesaid, That the said Act, and every Clause and Thing therein contained be from henceforth utterly void and repealed to all intents, purposes and Constructions whatsoever. CAP. XVII. An Act for settling the Dreining of the Great Level of the Fens, called Bedford Level. Whereas certain Moors, Marshes, Fenny and Low surrounded Grounds within the Counties of Northampton, Norfolk, Suffolk, Lincoln, Cambridg and Huntingdon, and the Isle of Ely, were called the Great Level of the Fens; And after several fruitless undertake for Dreining the same, were upon the Desires of many persons of Worth and Interessed in the same, declared to be a Great and Noble Work, and of much Concernment to the whole Country, and at their earnest desire undertaken to be Dreined by Francis late Earl of Bedford, according to a Law of Sewers made at King's Lynne in the sixth year of the Reign of the late King Charles of glorious memory; which said Level is bounded as followeth, (viz.) Eastward from the Bridge and Causeway of Stoake, unto Brandon-Bridg upon the Uplands of Northold, Methold, Feltwell, Hockwold, and Wilton in the County of Norfolk; and from Brandon-Bridg unto the end of Worlington-Load upon Mildenhall River, The great level of the fens, how bounded. upon the Uplands of Brandon, the Low grounds of Wainsford excluding the same; the Uplands of Sakingheath, the Low grounds of Earsewell excluding the same: And the Uplands of Mildenhall in the County of Suffolk Southward from Worlington-Load, unto Burwell Block upon the Uplands of Freckingham, Istham, Fordham, Soham, and Wickin in the County of Cambridg, and excluding the Low grounds of Burwell, Landward, and other places lying Eastward from Burwell Block aforesaid, and from thence unto the Mill near Anglisey Abbey upon the Uplands of Burwell Reach, Swaffham Pryor, Swaffham Bulbeck, and Botsham in the County of Cambridg; and from thence unto the Ferry-place at Clayhith upon the Uplands called Quyhall, the Low Ground called Low-Fenne, and the Uplands of Hormingsey and Clayhith in the said County, excluding the Low grounds called Low Fen and Offenne; and from the said Ferry-place unto Over-Load upon the Uplands of Water-Beach, Cottenham, Rampton, Winelingham and Over in the said County of Cambridg, and upon the Low grounds of Swacy in the said County, excluding the same Westward from Erith, unto the Dam lately made upon the River Neane near Standground upon the Uplands of Somersham and the Soak thereof, Warbois, Wistow Berry, Ramsey, Upwood, Raveley, Wood-walton, Sawtrey, Connington, Glatton, and Holme Caldecott, Denton, Stilton, Yaxley, Fasset, and Standground in the County of Huntingdon, excluding the Low grounds lying on the North side of the River of Owse above Erith; and from the said Dam unto Peterborough Bridg upon the said River of Neane; and from thence unto the Ferry-place near Waldron Hall upon the Uplands of Peterborough, and the Soak thereof in the County of Northampton; and Northward from the said Ferry-place near Waldron Hall unto Crowland Bridg upon the River of Welland; and from thence to Dowsedale upon the Bank of Great Porland; and from thence unto Guyhurne upon the Southea Bank; and from thence unto Tilnehurne upon the Bank of the Fen Ground called Waldersea; and from thence unto Elm Leame at Grangers' House upon the Bank of the Fen Ground called Coldham; and from thence unto the River of Neane near Thurlings in Upwell upon the Bank of Needham called Bishops Dike; and from thence unto Weil Creek, at the Northwest corner of Wassingham Fen upon the Bank of the Grounds in Upwell and Outwell called Playfield and Churchfield, excluding the aforesaid Fens and Grounds called Waldersea, Coldham, Needham, Playfield and Churchfield; and from thence unto Salters-Load upon the New Podyke Bank, and from thence unto the mouth of the River Wissey upon the River Owse, and from thence unto Helgey Bridge upon the River Wissey, and from thence unto the Uplands at the end of the Bank of the Grounds late of Edmond Skipwith Esquire deceased, upon the said Bank, and from thence unto Stoake Bridg upon the Uplands of Roxham, Deereham, Weereham, Wretton and Stoake in the said County of Norfolk; Except the imbanked Grounds late of Edmond Skipwith Esquire, lying on the North side of the River of Owse; And whereas the said Francis late Earl of Bedford was to have for his recompense of effecting that difficult work, only Ninety five thousand Acres of the said Grounds, with convenient Highways and Passages to the same; And the New River Cutts and Dreynes to be made by the said Earl and his Assigns, and the Banks of the same, and the Forelands' in the inside of the said Banks not to exceed Sixty foot in breadth: Which was a work of so Great and Public Concernment, that his said late Majesty gave great Encouragement to the said Francis late Earl of Bedford and others, whom he had taken in to be Adventurers and Participants with him therein, upon the Covenants, Conditions and Agréements contained and specified in and by a certain Indenture of Fourtéen parts, bearing date the seven and twentieth day of February, in the seventh year of the Reign of his said late Majesty, and his Royal Assurance to further it by his Concurrence to an Act of Parliament for establishing thereof, and did by Letters Patents under the Great Seal of England Incorporate the said late Earl, his Adventurers and Participants, to have Succession for ever; and in order to the effecting thereof, the said late Earl and his Adventurers and Participants bestowed great sums of money for perfecting the same, and after his death and some interruptions, William now Earl of Bedford, son and heir to the said Earl Francis, with divers of his Adventurers and Participants, by colour of a pretended Act of Parliament of the nine and twentieth day of May, in the year of our Lord, One thousand six hundred forty and nine, proceeded in the completing and finishing the said Works; And the Commissioners appointed by that pretended Act, did adjudge the same Drained, but the same cannot be preserved without a perpetual constant care, great charge and Orderly Government, which being represented to the Kings most Excellent Majesty that now is, He hath been graciously pleased to declare more than an ordinary willingness to promote and countenance a Work of so Public Concernment, and many ways advantageous to this his Kingdom. To the end therefore that a work of this Nature may receive a Public Support and Encouragement. Be it Enacted by the Kings most Excellent Majesty, with the Advice and Assent of the Lords Spiritual and Temporal and Commons in this Parliament Assembled, and by the Authority of the same, That the said William Earl of Bedford, son and heir of the said Francis Earl of Bedford, The Earl of Bedford and Adventurers made a Corporation for the Fens. and the Adventurers and Participants of the said Earl Francis and Earl William or either of them, their Heirs and Assigns, in such manner as is herein contained, shall be a Body Politic and Corporate in Deed and Name, and have Succession for ever, by the Name of the Governor, Bailiffs and Commonalty of the Company of Conservators of the Great Level of the Fens; which Corporation shall consist of one Governor, six Bailiffs, twenty Conservators and Commonalty, and shall have and use a Common Seal to be appointed by themselves, and assemble and meet together, when, where, and as oft as they please, and appoint a Register, Receiver, one or more Sergeants at Mace and other Officers, and allow them Salaries, and remove them, and make new at their pleasure. And the said William Earl of Bedford is to be the first Governor; The Earl of Bedford Governor. The Bailiffs. Richard Lord Gorges, Sir Richard Onslow Knight, Sir William Terringham Knight of the Bath, Samuel Sandys, Thomas Chichely and Samuel Fortrey, Esquires; the six first Bailiffs. Sir Gilbert Gerhard junior, Knight, William Denton, William Crane, Edmond Berry-Godfrey, Arthur Evelin, Samuel Smith, Roger Jenings, Robert Castle, Robert Hampson, Joseph Ayloffe, Esquires; Thomas Lord Culpepper, Sir John Hewett Baronet, Arthur Onslow, Robert Phillips, Anthony St. John, Esquires, Sir Oliver St. John, Sir Charles Harboured, Knights; Francis Hoblyn, Samuel Sandys junior, Conservators. and Robert Terringham, Esquires, the first Conservators. And the said Governor, Bailiffs and Conservators to continue until Wednesday in Whitsun-week, in the year of our Lord, One thousand six hundred sixty and four, and from thenceforth until new Elections by the said Corporation, or the major part which shall be then present; And shall be capable to sue and be sued, and without Licence of Mortmain to purchase Manors, Lands, Tenements and Hereditaments, Their power and authority. not exceeding two hundred pounds per annum, and Goods and Chattels, and to dispose thereof in the name, and to the use of the said Corporation, and the said Governor, Bailiffs and Conservators, or any five or more of them, whereof the said Governor or Bailiffs, or any of them, to be two, shall and may lay Taxes from time to time upon all the said Ninety five thousand Acres only for support, maintenance and preservation of the said Great Level, and levy the same with penalties for nonpayment, not exceeding a third part of the Tax, and all other things do in order to the support, maintenance and preservation of the said Great Level, and Works made and to be made. And whereas by the said Law of Sewers, twelve thousand Acres, parcel of the said ninety five thousand Acres, was designed and intended to his said late Majesty, and were set forth and allotted by bounds in severalty, and his said late Majesty was in possession thereof, and granted, assigned, allotted and set out by bounds two thousand Acres, parcel of the said twelve thousand Acres, by Letters Patents unto Jerome Earl of Portland, his Heirs and Assigns, Earl of Portlands' 2000 Acres. of which said two thousand Acres, the said Earl of Portland hath sold away about One thousand five hundred Acres in several parcels to several persons, their Heirs and Assigns, for valuable considerations, and the residue thereof being about five hundred Acres, hath granted and conveyed unto his Brother Benjamin Weston Esquire and his Heirs, upon several Trusts, agreed upon between the said Earl of Portland and Benjamin Weston by writing for that purpose: Be it therefore Enacted by the Authority aforesaid, That the said two thousand Acres, or such other Lands of equal value as shall be set forth in Exchange of the same, in case the aforementioned two thousand Acres or any part thereof, shall hereafter be adjudged to have been unduly set out, shall be, and hereby are vested, settled and established in the said several and respective persons, (to whom the said Earl of Portland hath so conveyed or mentioned to convey the same) their Heirs and Assigns respectively, to each person his Heirs and Assigns, his and their several and respective Share and Shares that was so respectively to each of them conveyed or mentioned to be conveyed by the said Earl of Portland, to be held and enjoyed by them and each of them, his Heirs and Assigns, his and their own Share and Part only in severalty, according to the intent of the said Conveyances thereof to them respectively made by the said Earl of Portland, upon the same Trusts nevertheless for and concerning the said five hundred Acres granted or mentioned to be granted to the said Benjamin Weston, which the said Earl of Portland and Benjamin Weston had declared and agreed upon between them as aforesaid; Which said two thousand Acres shall be holden of the King's Majesty, his Heirs and Successors of the Manor of East Greenwich by Fealty only in Free and Common Soccage, and not otherwise, and subject nevertheless with the the residue of the Ninety five thousand Acres in equal proportion to all Taxes and Charges necessary and conducing to the preservation of the said Great Level from Drowning. The 83000. Acres settled and vested in the Governor, etc. And be it further Enacted by the Authority aforesaid, That the Eighty three thousand Acres remainder of the said Ninety five thousand Acres, with the said Ways, Passages, new Rivers, Cutts, Dreyns, Banks and Forelands', over and above the said ten thousand Acres residue of the said twelve thousand Acres which were allotted in severalty, and of which his said late Majesty was in possession as aforesaid, are hereby vested and settled in the said Governor, Bailiffs and Commonalty of the Company of Conservators of the said Great Level of the Fens, and their Successors: In trust nevertheless for the said William Earl of Bedford, and the Adventures and Participants of the said Earl Francis and Earl William or either of them, The Trust. their Heirs and Assigns, in such manner and wise as is herein after more particularly and especially limited and provided; and according to such parts and proportions as they respectively now hold and enjoy, or by virtue and provision of this Act ought to hold and enjoy, subject and liable likewise to the payment of all Taxes and Charges as aforesaid, to be holden of the King's Majesty, his Heirs and Successors, of the Manor of East Greenwich, by Fealty only in free and common Soccage, and not otherwise: And the said ten thousand Acres, residue of the said twelve thousand Acres (whereof his said late Majesty was in possession as aforesaid) are hereby vested and settled in his Majesty that now is, The 10000 Acres belonging to the King. and his Assigns, subject and liable with the residue of the said Ninety five thousand Acres to the same Taxes and Charges before specified. And because the said Great Level of the Fens extends into the said Six Counties besides the Isle of Ely, and forasmuch as Commissioners of Sewers cannot legally proceed in Execution of their Commission, but by a several jury of every County to inquire of the matters within their Commission in that County, which hath heretofore enforced the said Earl, his Participants and Adventurers, Commissioners and Countries, to very great trouble, loss and expense both of money and time: For avoiding which Inconveniencies, The Authority of the said Corporation as Commissioners of Sewers. It is hereby further Enacted by the Authority aforesaid, That the said Governor, Bailiffs and Conservators of the said Corporation for the time being, or any five or more of them, whereof the said Governor or Bailiffs for the time being, or their Successors or any of them to be two, for maintenance and preservation of the said Great Level by convenient Outfalls to the Sea, shall for ever hereafter be, and are hereby made and constituted Commissioners of Sewers for and of the said Great Level of the Fens: And the said Governor, Bailiffs and Conservators, or any five or more of them, whereof the said Governor or Bailiffs and their Successors or any of them, to be two, are hereby enabled and empowered from henceforth to use and exercise the power and authority of Commissioners of Sewers within the said Great Level of the Fens, and of the Works made or to be made without the said Great Level for conveying of the Waters of the said Great Level by convenient Outfalls to the Sea, touching all matters and things whatsoever happening to be executed or done within the said Great Level, or the said Works without the said Great Level, enquirable, punishable, or to be done by Commissioners of Sewers, and therein to act and proceed by one or more juries of good and lawful men, inhabiting within any part or place within the Boundaries of the said Great Level of the Fens, though in several Counties, as if the said Great Level of the Fens lay within one of the said Counties only, and shall have power to employ the said Sergeants or any of them for the time being, by Warrant or Precept from the said Governor, Bailiffs and Conservators and their Successors, or any five or more of them, whereof the said Governor or Bailiffs, or any of them, to be two, under the Common Seal of the said Corporation, to Summon and Return juries within the Boundaries of any part of the said Great Level, and execute all Precepts and Process from them, from time to time, and all other things do, as fully as any Sheriff within his respective County may or can do by Warrant or Precept from Commissioners of Sewers; which juries are to appear at the times and places set or appointed for them to appear before the said Governor, Bailiffs and Conservators, and their Successors, or any five or more of them; whereof the said Governor and Bailiffs, and their Successors, or any of them to be two; And are hereby Empowered to Inquire of, Present and Try all Matters within the said Great Level, and of and concerning the said Works made or to be made without the said Great Level, for conveying of the Waters of the said Great Level by convenient Outfalls to the Sea, within the power of Commissioners of Sewers, as if the same lay within any one of the said Counties, or as if the said Great Level were one distinct County of itself: And the said Governor, Bailiffs and Conservators, or any five or more of them, whereof the said Governor or Bailiffs or any of them to be two, shall have further power, as well for the maintenance of the said Great Level, as for laying and levying of Taxes upon the said Ninety five thousand Acres, to use and exercise within the said Great Level such and the like Laws and Customs, and Constitute and Appoint such and the like Officers from time to time, as are or lawfully may be used in Rumney Marsh in the County of Kent; they who exercise the said Power of Commissioners of Sewers, first taking the Oath which Commissioners of Sewers are by the Law to take; the which Oath the said Governor and Bailiffs or any of them, are hereby Empowered to Administer from time to time, without any further Commission. And because the Metes and Boundaries of the said Grounds within the said Great Level, as to the Counties and Parishes, are very uncertain and hard to be distinguished, The meats & boundaries of grounds. Be it therefore further Enacted, That every Writ, Bill, Plaint, Count, Declaration, Information, Presentment and Indictment, of, for or concerning the said Grounds within the said Great Level of the Fens, or any part or parcel of the same, or any Trespass, Offence or Wrong done, acted or committed within the said Great Level, and proceed thereupon, shall be good and sufficient in Law, though the County, Parish, Town or Place, or any of them, in such Writ, Bill, Plaint, Count, Declaration, Information, Presentment or Indictment be not rightly named, so as there be such other certainty or description of the place whereby the same is or may be commonly known. No other Commissioners of Sewers to meddle in the said Level. And be it further Enacted, That no other Commissioners of Sewers shall intermeddle within the said Great Level, or with any the Works made or to be made for Support, Maintenance or Preservation of the said Great Level, within or without the said Great Level as aforesaid, otherwise then hereafter in this Act shall be provided. And be it further Enacted, Conveyances by Indenture entered with the Register. That all Conveyances by Indenture of the said Ninety five thousand Acres, or any part thereof, entered with the said Register, in a Book to be kept for that purpose, shall be of equal force to convey the Fréehold and Inheritance of the said Ninety five thousand Acres, or any part thereof, as if the same Conveyances by Indenture were for valuable considerations of money, enroled within Six months, in one of the King's Courts of 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 entered 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 Trial at Law, or otherwise. And be it further Enacted, That the said Governor, Bailiffs 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 nonpayment, are by virtue 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 than such as are hereby otherwise directed to be Levied) or which shall be set and imposed upon the said Ninety five thousand Acres by virtue of this Act, and shall be in Arrear upon the respective parts and proportions of the said Ninety five thousand Acres, the said Governor, Bailiffs and Conservators of the said Corporation, and their Successors for the time being, or any five or more of them, whereof the said Governor and Bailiffs 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 Whitsunwéek, 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 Governor, Bailiffs and Conservators of the said Corporation or their Successors, or any five or more of them, whereof the said Governor and Bailiffs or any of them to be two, shall judge 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 nonpayment 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 Premises 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 month's next before the Sale, nor any more Lands then only for the raising of such Taxes and Penalties. Public notice to be given of lands charged with arrears of taxes or penalties Provided also, That the said Corporation shall give public 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 Marketplace 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, entered 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 Outfalls to the Sea; so always, that if they cut any several grounds, they give full recompense 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 triple 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 Majesty's 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 Marshland. 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 Governor, 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 administered 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 administered by the said Governor, Bailiffs 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 Governor, Bailiffs, Conservators and Commonalty upon Wednesday in Whitsun week yearly, shall at a public meeting to be holden for the said Corporation, by the greater number then present, (whereof the said Governor or one of the Bailiffs to be one) elect a new Governor, Bailiffs and Conservators respectively: Provided, That none be capable to be, or continue Governor or Bailiffs, That hath not four hundred Acres or more of the said Ninety five thousand Acres, nor to be a Conservator that hath not two hundred Acres or more of the said Ninety five thousand Acres, nor any of the Commonalty to have a voice in Elections, that hath not one hundred Acres or more of the said Ninety five thousand Acres. And that the said Governor, Bailiffs and Conservators, or any of them, shall and may be removed by the said Governor, Bailiffs and Conservators and Commonalty, or the greater number of them present at their public meetings, whereof the said Governor or one of the Bailiffs to be one, and new chosen in the place of him or them so dead or removed: Accounts to be made by all Officers and Agents employed. And the said Governor, Bailiffs and Commonalty also shall have further power to have, demand and receive an Account from all and every the Officers, Agents and Servants, their Executors and Administrators heretofore employed, or hereafter to be employed for the receiving and paying of money, for or in relation to the carrying on of the Works of the Dreining of the said great Level, and shall and may sue for and recover the same; and that all Arrears of Rent already incurred upon, or out of any part of the said Ninety five thousand Acres upon any Contract or Lease of the said Premises, or any part or parcel thereof, shall be received and recovered, as if the said pretended Act had been a good and effectual Act: And if any Suit be commenced against the said Corporation, In Suits against any employed by this Act, the defendant may plead the general issue. or any person for any matter or thing done in pursuance of this Act, than he or they shall or may plead the General Issue, and give the special matter in Evidence upon any Trial to be had touching the same, which shall be as good and effectual in Law, as if the same had been specially pleaded, and the jury upon the Trial to give a Verdict accordingly. Lands of persons attainted, and titles under them, vested in the King. Provided always, and be it further Enacted by the Authority aforesaid, That as touching and concerning such part and parcel of the said Eighty three thousand Acres, whereof any person or persons attainted, or that shall be attainted, was or were in possession, at any time since the Nine and twentieth day of May, in the year of our Lord, One thousand six hundred forty and nine, under pretended Sales thereof respectively made by colour of the said pretended Act, or under any other Title or pretended title whatsoever, The Kings most Excellent Majesty, his Heirs, Successors and Assigns shall have the same, and like benefit, advantage and interest in all and every the said parts and parcels of the said Eighty three thousand Acres, and no other than as the said persons so attainted, or which shall be attainted, could or ought to have by virtue of this Act, in case they had not been so attainted, or shall not be attainted. And whereas the Shares, Lots, Parts and Proportions of and in the said Ninety five thousand Acres, which in pursuance of the said Indenture of Fourtéen parts, and by virtue or intention of the said Act and Law of Sewers made at Lyn, do belong and appertain to the said Samuel Sandys the elder or his Trustées, Sir William Terringham, Sir Richard Onslow, and other the Assignées and Trustées of Henry late Earl of Arundel and Surrey deceased, Arthur Earl of Anglesey, Thomas Lord Culpeper, Robert Phillips, Robert Scawen, and to divers other persons the Participants of the said Earl Francis, and Parties of the said Indenture, or their respective Heirs, Executors, Administrators or Assigns, are now possessed and enjoyed by divers persons, who took, contracted for, or accepted of, or by such who claim and derive their interest and title from and under such persons as did take, contract for or accept of pretended Estates or Conveyances of the same, made, or pretended to be made by certain persons mentioned in and by the said pretended Act of the Nine and Twentieth day of May, One thousand six hundred forty and nine, to have Authority to sell the Shares, Lots, Parts and Proportions of such of the Adventurers and Participants of the said Earl Francis, and of their respective Heirs and Assigns, as should refuse or make default of payment of such Taxes, as should by colour and in pursuance of the said pretended Act be imposed upon them respectively, in respect of their Shares and Lots, in or out of the said Ninety five thousand Acres; Be it therefore Enacted by the Authority aforesaid, That the said Governor, Bailiffs and Commonalty of the said Company of Conservators of the said Great Level of the Fens, and their Successors, shall Actually stand seized and possessed of all and every the Shares, Lots, Parts and Proportions last mentioned, in trust nevertheless to and for the use and behoof of the said Samuel Sandys the Elder, or his Trustées, in trust for him, Sir William Terringham, Sir Richard Onslow, and others the said Assignées and Trustées of Henry late Earl of Arundel and Surrey deceased, Arthur Earl of Anglesey, Thomas Lord Culpepper, Robert Phillips, Robert Scawen, and of their respective Heirs and Assigns, and to and for the respective uses and behoofs of the said other persons, the Participants of the said Earl Francis, and Parties to the the said Indenture of Fourtéen parts, and of their respective Heirs and Assigns now out of possession, of their respective Shares, Lots, Parts and Proportions of the said Ninety five thousand acres, as heretofore in or about the Month of October, in the Thirtéenth year of the Reign of the late King Charles of ever blessed memory, were respectively allotted, severed, set forth or divided, for or as the respective Shares, Lots, Parts and Proportions of such of the Adventurers, the Participants of the said Earl Francis, and Parties to the said Indenture of Fourtéen parts, their respective Heirs, Executors, Administrators and Assigns, from and under whom the said Samuel Sandys, the Elder, or his Trustées, Sir William Terringham, 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, Robert Phillips, Robert Scawen, and the said other persons, the Participants of the said Earl Francis, and their respective Heirs, Executors, Administrators and Assigns, now out of possessions of their respective Shares, Lots, Parts and Proportions, do respectively claim and derive their said Shares, Lots, Parts and Proportions; And the said Governor, Bailiffs and Commonalty of the Company of Conservators, are hereby authorized and required to execute respective Estates, of the said Shares, Lots, Parts and Proportions accordingly, subject and liable nevertheless with the residue of the said Ninety five thousand acres, in equal proportion to all taxes and charges to be laid and imposed by virtue 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 than 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 justice of the Court of King's Bench, the Chief justice of the Court of Common-Pleas, The Chief justice of the King's bench and others made a judicature to hear and determine differences. the Chief Baron of the Court of Exchequer, and the justices 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 judicature,, or Commissioners to Hear, Order, judge, Decree and Determine upon Bills and Answers, to be Exhibited, or otherwise as they shall think fit, between 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 virtue of this Act to be executed of the same as aforesaid; And the said judicature or Commissioners, or any two or more of them are hereby authorized out of the said Shares, Lots, Parts and Proportions, to Order, Adjudge, Decree, and Determine to either of the said Parties respectively, such recompense and allowance as they the said judicature or Commissioners, or any two or more of them shall see cause: And for the better enabling the said judicature or Commissioners to proceed to the hearing, ordering, adjudging, decréeing and determining, and for putting in due and speedy execution such Order, judgement, Decree, and Determination, as they or any two or more of them shall make between the said parties. It is hereby further Enacted by the Authority aforesaid, That they the said judicature 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 Decrees of the said Court. The power and authority of the said judicature. And to the end that the said judicature may be the better enabled to judge of the Rights and Pretensions of either party, Be it further Enacted by the Authority aforesaid, That in every Decree or Determination which they shall make by virtue 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 proceed. and in the preservation and reparation of the same; and also to the respective Times of such Disbursements and expense, defalking thereout such sum and sums of money as have been 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 three thousand acres, may not by undue delays, 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 months 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 Heirs 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 nonpayment of Taxes, by virtue 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 Majesty's Court of King's Bench, or Court of Common-Pleas at Westminster, against any person or persons whatsoever, possessing, withholding, or occupying the same, although the said Governor, Bailiffs 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 respectiuly 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 Governor, Bailiffs and Conservators had duly 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 hold the same Lands, Shares, Lots, parts and proportions, as fully and effectually as if the said Governor, Bailiffs and Conservators had executed respective Estates thereof, subject nevertheless to such Decree as the said judicature 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 virtue 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 year 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 judicature aforesaid; and for Penalties incurred for nonpayment of the same, by virtue 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 judicatory, 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 judicature as aforesaid, to Direct, Order and Decree, 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 levied upon such Persons or Lands, and in such manner, and by such ways and means as shall be Directed Ordered and Decreed by the judicature aforesaid, or any two of them; And as if such Direction, Order and Decree had been particularly hereby Enacted. Complaints by particular persons and Parishes. And whereas particular persons and Parishes do conceive and allege, That the Dreining of one place hath Drowned and made worse the Lands in other places: And whereas divers persons likewise do allege 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 Agreement made with the Country; But in many places greater quantities have been taken from the Owners, Commoners, and Townships than ought to have been; And that some Lands have been taken, as belonging to one Parish and County, which in truth did belong to another. And in many places the allotments have been taken very inconvenient for the Townships, which ought not to have been by the said Agreement. And whereas the Dreining aforesaid, and future maintenance of the said Great Level aught to be without prejudice to Navigation: And because all Complaints which have been made, and all prejudices which have been 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, Baronet's, 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 B'ing 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 pain, Richard Nayler, _____ Ferrer of Gedding, Esquires, for the County of Huntingdon. 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, Baronet's, 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 Three months 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 Deed under their Hands and Seals to be enroled 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 Empowered 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 three be made worse in quality or condition by the aforesaid Dreining or Works, than they were before the Undertaking 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 three, to alter, change and restore such parts and parcels of the said Ninety five thousand Acres, as shall upon Complaint be found and adjudged by the said Commissioners, or any seven or more of them, to be unequally, unduly or inconveniently set forth, by reason of any allotting, either of greater quantities, or as belonging to other Counties, Parishes, or Manors, or in more inconvenient places than they were formerly allotted and set out by a Law of Sewers made at Saint Ives the Twelfth day of October, in the Thirtéenth year of King Charles the First, notwithstanding any vesting of the said Ninety five thousand Acres or any part thereof in the King's Majesty, or in the said Governor, Bailiffs and Commonalty, or in any other persons before mentioned, or any Estates executed by them, or any of them. Ravely, Upwood, Sothery, Wicken, Cowfenn, Beezling. Provided, and be it Enacted, That Ninety three Acres in Ravely and Upwood, Seventy six Acres in Sothery, Forty four Acres and one Rood in Wicken, Eighty eight Acres in Cowfenn, Two hundred eighty two Acres in Beezling, and Thirty seven Acres in Upwell, set out to be enjoyed as part of the said Ninety five thousand Acres since the making the said Law of St. Ives, in lieu of like Proportions altered and restored to the Country, shall be held and enjoyed by the said Corporation, subject nevertheless to the trust in and by this Act declared, as to the said Eighty three thousand Acres residue of the said Ninety five thousand Acres; and shall be set forth to the said Corporation in trust for the Participants or Adventurers, whose proportion shall be so altered or exchanged, in lieu of such part as shall be so altered, exchanged or restored, such other proportions in such other places within the said Level, as to the said Commissioners, or any seven or more of them, that any of the proportions of the said Ninety five thousand Acres heretofore set forth to Francis Earl of Bedford, his then Participants and Assigns, do fall short in the quantity of Acres, for which the same were set forth and allotted, according to the said Laws of Lynne and St. Ives, the said Commissioners, or any seven or more of them, shall within the said term of Four years aforesaid, appoint the same to be supplied and made up, out of the grounds where the same was so allotted to be set forth, to make up the said proportion of Ninety five thousand Acres. And in case the said Earl of Bedford and his Participants, or the said Corporation, shall through or by reason of their undertaking or Dreyning aforesaid, in the sixth year of His late Majesty's Reign of ever blessed Memory, have done, or hereafter shall do any Act or Acts to the prejudice of Navigation, and whereby Navigation in the said Rivers of Owse and Grant, and all other Rivers now Navigable passing through the said Level, and the River of Westwater, being a branch of the River of Owse, if it be consistent with the Dreyning, or in any of them, or such Drove ways or Bridges within and without the said Level, as have been made or caused to be made by the Adventurers, and have been by them maintained, unless there be some agreement to the contrary, be or hereafter shall be interrupted, obstructed and made worse, that then the said Commissioners, or any seven or more of them, whereof the Vicechancellor for the University of Cambridge, the Mayor of the Town of Cambridge, and the Mayor of the Town of Kings Lynne, for the time being, to be three; if they upon notice left at their respective Habitations shall think fit to be present, from time to time, shall and may decree the same to be made good and amended, at the proper Costs and Charges of the said Corporation, within a convenient time, as to their judgements shall seem meet: And in case it shall happen and so fall out, that the said Corporation shall neglect or refuse to repair and make good the same, according to the Order and Decree of the said Commissioners, and within the time limited by them, that then it shall and may be lawful to and for the said Commissioners, or any seven or more of them, by Warrant under their Hands and Seals attested, to tax the said Ninety five thousand Acres in such Sum and Sums of money as in their judgements shall seem meet for the making, preserving and keeping the Navigation in any of the aforesaid Rivers, as the same was in the said Sixth year of the said King Charles the First; which said Sum or Sums of money so to be Assessed or Taxed by the Commissioners aforesaid, shall within Twenty days next after notice thereof given to the Governor or Treasurer of the said Corporation, be paid unto such person and persons as the said Commissioners shall nominate and appoint to receive the same. And in case the said Governor or Treasurer of the said Corporation, after notice so given as aforesaid, shall refuse or neglect to pay the said Sum or Sums, as aforesaid, That then the said Commissioners, or any seven or more of them, shall have full power and Authority to empower the said person or persons to levy the said Sum or Sums of money by Distress or Distresses to be taken upon the said Ninety five thousand Acres, or any part thereof, and make sale of the said Distress or Distresses so taken, and sell the same, and render the overplus unto the said Governor or Treasurer, deducting the reasonable charges for their labour and pains therein: All which said Sum or Sums of money so to be taxed and levied by the Authority aforesaid, shall be expended and laid out in preserving and keeping the said Navigation as aforesaid, and maintaining the same according to the true intent and meaning of this Statute, and not otherwise. And the said Commissioners, or any Seven or more of them, are also hereby Impowered and Authorized within the space of Four years, from the Four and twentieth day of June, in the year of our Lord One thousand six hundred sixty & three, to ascertain and divide the Precincts and Boundaries of such parts of the said respective Counties, Lordships, Manors and Parishes within the said Level, as have been by and since the undertaking, defaced and made obscure, or by some other means remain uncertain and hard to be found out, and shall set down such Bounds and Divisions in writing, by such Marks, Boundaries and Descriptions as to them shall seem meet, and shall certify the same under their hands and seals, in the High Court of Chancery; according to which Division of the said Commissioners, or any seven or more of them, the extent of the said respective Counties, Lordships, Manors and Parishes in such places so bounded and divided, shall for ever after the said Certificate, be deemed to be, and none other: And in case the quantity of Eight thousand acres lying together, or near together, or any greater quantity of Ground lying together, or near together, within the said Level, shall become drowned, and so continue for the space of Twelve months together, That then it shall 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 exceeding a third part of such Tax. How lands may be sold for nonpayment 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 month's 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 Sequestered 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 Sequestered, 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, Bailiffs 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 virtue 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 Sequestered 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 Governor, Bailiffs 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 Governor, Bailiffs and Corporation shall not within six month's 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 sequestered as aforesaid, pay and satisfy 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 King's Majesty's Courts at Westminster, against the said Governor, Bailiffs and Corporation, for the recovery thereof, and by virtue 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 justice therein accordingly. The Commissioners to take an Oath. Provided always, That the said Commissioners 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 than the administering 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 knowledge, 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 judgements, Orders, Decrees, 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 Meeting shall be at or before the Two and twentieth day of September, in the year of our Lord, One thousand six hundred sixty and three, 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 Huntingdon; 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 sat, between the hours of Twelve & Two upon some Market day, one month at the least before the said time or times of meeting, 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 judgement 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 hath any Part, Share, or Interest in Possession or Reversion of or in any Manors or Lands within the said Level, shall be a Commissioner. And in case of Descent, Gift, Devise, or Purchase of any such Part, Share or Interest to, or by any of the said Commissioners, It is hereby Declared and Enacted, That immediately after such Descent, Gift, Devise or Purchase to or by any such Commissioner, The said Descent, Gift, Devise or Purchase shall be an avoidance of his being a Commissioner; and shall make him be incapable of being again nominated, or appointed a Commissioner whilst his Interest doth remain. Provided also, and the said Commissioners for the time being, or any seven or more of them shall from time to time, and at all times have power and authority to give and make satisfaction out of the Ninety five thousand Acres, to such person or persons, whose Lands or Interest therein (by any New Works, hereafter to be made by the said Corporation without the said Level for conveying of the Waters of the said Level by convenient Outfals to the Sea) shall be made worse in quality, condition or value, than they were before the said Undertaking in the said Sixth year of the said late King Charles, proportionable to the loss and damage the Parties shall receive thereby. Owners of Wastes and Commons may improve. And to the end that the Owners of the Commons and Wastes in the said Level, and other Towns, Parishes and places, unto which the Works aforesaid, or any of them do extend, may improve the same by making Divisions and Enclosures, Be it Provided and Enacted by the Authority aforesaid, That it shall and may be lawful for any person or persons. Body Politic or Corporate whatsoever; their Heirs and Successors, that are or shall be Lords of Manors, or have or shall have right of Common in the said Wastes, to Improve, Set out, Inclose, Divide and Sever such Proportion or Proportions, as to them shall or may severally or respectively belong or appertain, or be adjudged and allotted out of the said Commons and Wastes within the said Level, or within any Town, Parish or place into which the Works aforesaid, or any of them do extend. And to hold such proportion in severalty at all times of the year; and all Differences that shall arise concerning the Boundaries of the Wastes, Rights of Common, Approvements, Allotments, Divisions and Enclosures, shall from time to time, and at all times be Determined, Adjudged, and finally ended by the said Commissioners for the time being, or any seven or more of them upon their View or Examination of Witnesses upon Oath, which they are hereby Authorized to Administer, or upon both, and hearing of the Parties concerned by their Adjudication under their Hands and Seals in Writing, which Determination and judgement being Certified into the Petty-bag, there to be Filled and kept on Record, shall be final and conclusive unto all parties: And the Allotments, Divisions and Proportions so Adjudged or Decreed to be held by the said respective persons, to whom they are so Set out, shall be held by him or them, and his and their Heirs, Executors and Assigns respectively, according to his or their Tenure or Tenors, Estate, Title or Interest they had in the Manors, Tenements, and Lands, for which they Claimed the said Proportions of Common as abovesaid; paying such Fines and Rents, and doing such Services in proportion for the same, as by Custom or otherways they are to pay or do, and do for the Manors, Tenements and Lands, for which they Claim the same proportion, having such respect to the yearly values of the one and the other, as shall (if need so require) be limited by seven or more of the Commissioners. Provided also, and be it Enacted, That it shall and may be lawful to and for such person and persons (as were heretofore Owners of the One hundred seventy five Acres in Sutton, North and South Meadland in the said Isle of Ely, Sutton, Meadland. set out by the said Law of St. Ives as a Recompense for Dreining the whole North and South Meadlands, containing about One thousand Acres, their Heirs or Assigns, to sue and implead before the said Commissioners, or any seven or more of them, the Owners and Occupiers of the said North and South Meadlands, or elsewhere within the said Great Level, to draw them into Contribution for their several and respective Proportions of the said North and South Meadlands, towards the said One hundred seventy five Acres. And the said Commissioners, or any seven or more of them, shall thereupon Adjudge and Decree unto the said Owners of the said One hundred seventy five Acres, or such of them as they shall think fit, and to their Heirs and Assigns, such recompense and satisfaction, either in ready Money, yearly Rend, or Land, out of the residue of the said North and South Meadlands, as to the said Commissioners, or any seven or more of them shall seem meet, to be held and enjoyed by the said Owners of the said One hundred seventy five Acres, their Heirs and Assigns. Provided always, and be it Enacted, That it shall and may be lawful to and for Sir John Watts, Knight, and others, who derive any interest under the Dreyners of that Fenn called Londoners Fenn, his and their Heirs and Assigns, to sue and implead all and every person and persons, their Executors and Administrators, that have taken and received the rents and profits of his or their share and proportion of Londoners Fenn, Londoners Fenn. remaining from the share and proportion allotted and set out by the said Law of St. Ives, since the said Level was adjudged drained, and to sue for and recover the same in any of his Majesty's Courts at Westminster; and also that it shall and may be lawful to and for the said Sir John Watts and the Participants aforesaid, his and their Heirs and Assigns, heretofore Owners of the several proportions in Londoners Fenn, set out by St. Ives Law for the Adventurers recompense for Dreyning the low Grounds in Upwell, Upwell, Outwell, Welney. Outwell, and Welney, to pursue and prosecute before the said Commissioners, or any seven or more of them, their claim, and sue for relief against the owners or occupiers of the Fenny and low surrounded Grounds lying in Upwell, Outwell, and Welney aforesaid, whose Grounds did not all contribute, or not in equal proportion to the said Ninety five thousand Acres, to draw them into Contribution, in ease of the said Sir John Watts and the Participants aforesaid, and thereupon the said Commissioners, or any seven or more of them, are hereby empowered to adjudge and decree unto the said Sir John Watts, and the Participants aforesaid, his and their Heirs and Assigns, such proportion out of the said Grounds, which have not equally contributed as aforesaid, as to the said Commissioners, or any seven or more of them shall seem meet. Provided always, and be it Enacted, that it shall and may be lawful for the King's Majesty and the Quéen● Majesty, their Heirs, Successors and Assigns, to continue in the possession, usage & disposal of the Bank, called Dousedale Bank, being on the south side of His Majesties Demean Lands, Dousedale Bank. called Port sand, belonging to their Manor of Crowland, being part thereof, and to have such ancient Passages and Currents as of right have been used and accustomed, for the avoidance of water through the same into the River South Eae, as if this Act had never been made. Provided always, and be it Enacted by the authority aforesaid, How and for what time Archbishops Bishops etc. may make leases. That it shall and may be lawful to and for every Archbishop, Bishop, Dean and Chapter, and all Colleges and Halls in either University, and all Bodies Politic and Corporate, who are or shall be Lords of Manors or have, or shall have, right of Soil or Common in the Wastes within this said Level, or within such other Towns, Parishes and Places into which the Works of the Dreyning aforesaid do or shall extend, and who are by this Act empowered to improve, set out, enclose, divide, and sever such proportion or proportions as to them shall or may respectively belong or appertain, out of the said Commons and Wastes within the said Level, to demise by Indenture all and every the said such proportion or proportions as to them shall or may respectively belong or appertain, out of the said Commons or Wastes within the said Levelly which have not by express Words and under any particular Rent been at any time formerly demised for any Term or Number of Years, not exceeding One and twenty Years, so as upon every such Demise or Lease be reserved the fourth part of the true Yearly value to be ascertained by the Commissioners aforesaid, or any seven of them, due and payable Yearly during the said Term to him or them, and his and their Successors. Provided always, and be it Declared by and with the consent of all Parties concerned, That neither this Act, nor any thing therein contained, shall extend or be construed to extend to alter the possession of Thomas Chicheley Esquire, of or from Six hundred seventy one acres, parcel of the Lot now claimed to belong to the said Trustées of Henry late Earl of Arundel and Surrey, and Two hundred thirty one acres, Parcel of the Lot now cliamed to belong to the said Sir William Terringham, or from any part thereof, by him the said Thomas Chicheley now enjoyed under Purchasers by Sales for nonpayment of Taxes upon the dispute between the old and new Adventurers; But that the said Corporation shall execute Conveyances of the said respective proportion unto the said Thomas Chicheley, his Heirs and Assigns, Any thing herein contained to the contrary thereof in any wise notwithstanding. Provided always, and be it Enacted, That all such Right or Rights as any Lord or Lords of any Manor or Manors, Liberties, Hundred or half hundred, have heretofore had within their respective Manor or Manors, Liberties, Hundred or half hundred within or without the said Level, to Waifes, Strays, Felons Goods, Privileges of Arrests, Escheats, and all other Royalties not prejudicial to the Dreining, be hereby saved to them, their Heirs, Successors and Assigns severally and respectively; Any thing in this Act to the contrary thereof notwithstanding. Provided always, That this Act, or any thing therein contained, shall not be interpreted to infringe, or any way to weaken an Act made the Fourth year of the Reign of King James, 4 Jac. cap. 13. Entitled, An Act for the Dreining of certain Fens and Low Grounds within the Isle of Ely, subject to hurt by Surrounding, containing about Six thousand acres, compassed about with certain Banks, commonly called and named, The Ring of Waltersea and Coldham; but the said Act shall stand in full force and virtue; Any thing in this present Act to the contrary notwithstanding. Provided also, That whereas divers Lands in and near adjoining unto the said Great Level, have been cut through for the better conveying of the Waters from the same, and for upholding or repairing the Banks and Works there, without making satisfaction to the respective Owners of the said Lands, for the damage they have sustained by such cutting, Be it further Enacted, That the said Commissioners for the time being, or any seven or more of them, upon complaint to them made of such damage sustained as aforesaid, without recompense for the same, shall be, and are hereby impowered to award and Decree such recompense and satisfaction to the party and parties grieved, according to their respective damages sustained by such cutting, as to the said Commissioners for the time being, or any seven or more of them shall be adjudged reasonable, the said recompense and satisfaction to be made and given by the said Corporation, within six month's next after such Award or Decree made; and in default thereof, the said Commissioners, or any seven or more of them, shall and may, and are hereby impowered to Rate and Tax the said 95. thousand Acres, and to Distrain thereupon for the payment of such Rate or Tax, and the Distress taken thereupon to sell or dispose as they shall think fit, (rendering the overplus (if any be) to the Owners) for the payment and satisfaction of such moneys, and damages as shall be so Awarded; Any thing in this Act to the contrary thereof notwithstanding. Provided nevertheless, That in case the judicature hereby established, The Barons of the Exchequer empowered to hear and determine differences between parties. shall not within Twelve months from the First day of August next, hear and determine all the matters by this Act to them referred, concerning the said 95000. acres, all and every such person and persons whose Complaints shall be then undetermined, may make their applications to the Barons of His Majesty's Court of Exchequer, who are hereby established a Court of judicature, and sufficiently authorized to hear and determine all such controversies and differences between the said parties, in as large and ample manner, to all intents and purposes, as the judicature hereby established might have done, and such judgement, Order or Decree of the said Court of Exchequer, shall be in all things observed, and be effectual as if the said Barons had been made the only judicature by this Act. Lessees of the King. Provided always, and be it Enacted by the Authority aforesaid, That the Lessées of the King's Majesty, his Heirs and Successors of the said Ten thousand Acres, or of any part thereof, and the Assigns of such Lessées, and every or any of them, shall be capable to be elected and chosen into the Office or Place, Offices or Places of Governor, Bailiffs and Conservators aforesaid, and to vote in such elections and choice, and in all other matters, as fully to all intents and purposes as any other Members of the Corporation, Owners of any part of the said Ninety five thousand acres, may be elected and chosen, vote in such election and choice, or in any other matter, so as such Lessées and their Assignées respectively have and be Lessées or Owners of double the quantity or number of Acres, parcel of the said Ten thousand Acres, as by virtue of this Act is required, to qualify any person to be elected and chosen into the Office or Place of Governor, Bailiff or Conservator respectively, and to vote in such elections and choice, or in any other matter touching the said Level, and so as such Leases or Assignments they claim by, be entered with the Register; Any thing before in this Act to the contrary notwithstanding. Provided always, and be it Enacted by the Authority aforesaid, That this Act shall not extend to Impeach or make void any Obligation given to David Offley Gentleman conditioned for his quiet enjoyment of a certain parcel of Land purchased by him in the said Level, but that the said David Offley may sue and prosecute his several Action or Actions upon the said Obligation, as if he had been evicted or removed from his Estate therein by due course of Law. How Breaches shall be made good. And be it further Enacted by the Authority aforesaid, That if any Breaches happen in any of the Banks, Sasses, Sluices, Tunnels, or other Works within the said Great Level, or in any the Works made without the said Great Level, for carrying the waters of the said Great Level to their Out-fall at Sea, by reason of some inevitable accidents, the same shall be repaired and made good in convenient time, by and at the Charges of the said Corporation and their Successors; but no other Charge shall be laid upon the said Corporation or their Successors, for or in respect of such Breaches, nor for or in respect of any Breaches that have happened heretofore in any of the said Banks, Sasses, Sluices or other Works; nor shall the said Corporation be enforced to give to any other person any recompense for any loss or damage which hath or shall happen, by reason of their making necessary and sufficient Banks for the defending of the said Level from being overflown, and for the leading of the waters of the said Level in their Channels as now they run, unto their Out-fall at Sea. Proviso for persons that have exchanged their Lands. Provided nevertheless, and be it Enacted, That where any Participant under Francis Earl of Bedford, or the Heirs or Assigns of any such Participant, hath exchanged his or their Share or Lot of the said Ninety five thousand Acres, or any part thereof, for any other Lands, parcel of the said Ninety five thousand acres, which were claimed and held under such pretended Sales, for nonpayment of Taxes, since One thousand six hundred forty and nine, It shall and may be lawful to and for such Participant and Participants, and his and their Heirs and Assigns, to enter again upon the same Lands so given in exchange, and to have and retain the same in his and their possession, Any thing in this Act to the contrary notwithstanding: Subject nevertheless in all things to such judgement and Determination, as the judicature hereby construed shall make concerning the same. Provided always, That no ascertatining or dividing of the said Drained or new improved Lands by the said Commissioners as aforesaid, shall conclude the King's Majesty, his Heirs, Successors or Assigns, or any other person or persons as to the bounds of Parishes, to any other intent or purpose, then subjecting the same to Taxes and Contributions, and Episcopal jurisdictions, and not as to the Right of Tithes, or any other purpose whatsoever, nor shall be, or be used in evidence concerning the same. Commons and Wastes in Bedford Levelly enclosed. Provided also, and be it further Enacted by the Authority aforesaid, That if any person or persons having right of Common in any of the Manors, Wastes, Commons or Lands within the said Great Level of the Fens, called Bedford Level, or any other person or persons whatsoever, at any time after such Division or Enclosure made, or set out as aforesaid, shall break, throw down, disturb, obstruct, or by any means hinder, or lay open the said Improvements and Enclosures, at, in or after the making thereof, or the Hedges, Ditches or Fences of the same, or any part thereof shall destroy, and shall be thereof convicted by two credible Witnesses upon Oath before two justices of the Peace of the County where such Disturbance or Destruction shall be made; Every such person or persons so convicted as aforesaid, shall forfeit for every such offence the sum of twenty pounds, to be levied by Distress upon the Goods and Chattels of every such offender or offenders, by Warrant under the hands and seals of the said justices of the Peace, before whom such conviction shall be made, the one moiety to the Informer, and the other moiety to such person or persons against whom the said Offence is or shall be committed; or for want of such sufficient distress, the Offender shall be committed to the House of Correction or Common Goal, for three Months without Bail or Mainprize, at the said justice's Discretion. Provided always, and it is hereby Enacted and Declared by the Authority aforesaid, That from and after the first day of August, which shall be in the year of our Lord, One thousand six hundred sixty and eight, no Tax or Taxes exceeding Two shillings the Acre in any one year shall be assessed, After the year 1668. Taxes shall not exceed 2 s. in the pound. laid or levied upon the said Ten thousand Acres by this Act vested in the King's Majesty, his Heirs, Successors and Assigns, or upon any part thereof, or upon the Two thousand Acres hereby vested in the Assigns of the said Earl of Portland; but in case the Taxes to be assessed upon the said Eighty three thousand Acres hereby vested in the said Corporation, shall not amount unto so much in proportion as Two shillings an Acre, according to the proportion for each acre; Then a proportionable abatement shall be made out of the said Two shillings per Acre, which shall be charged yearly by an equal Rate upon every acre of the said Ten thousand acres; and the said Two thousand acres according to the Rate imposed upon every acre of the said Eighty three thousand acres, whether the same shall be assessed by an Acre-Tax, or a Pound-Rate, or by any other way; Any thing herein contained to the contrary notwithstanding. And it is further Declared, That the Assessing, Laying and Levying of Taxes upon the said Ten thousand acres, or upon the said Two thousand acres, or any part thereof, after the said First day of August, which shall be in the said year of our Lord, One thousand six hundred sixty and eight, by the way of an Acre-taxe, shall not extend nor be interpreted or construed to extend to compel or conclude the said Corporation, to Assess, Lay or Levy any Tax or Taxes upon the said Eighty three thousand acres, hereby vested in the said Corporation, or upon any part thereof by the way of an Acre-Tax. Anno XVI. Caroli II. Regis. CAP. I. Parliaments shall be held once in Three years at the least; And an Act for the preventing of Inconveniences happening by the long Intermission of Parliaments, Repealed. WHereas the Act made in the Parliament begun at Westminster the Third day of November in the Sixtéenth year of the Reign of our late Sovereign Lord King Charles of blessed memory, Entitled, 16 Car. 1. cap. 1. An Act for the preventing of Inconveniences happening by the long Intermission of Parliaments, is in derogation of his Majesty's just Rights, and Prerogative inherent to the Imperial Crown of this Realm, for the Calling and Assembling of Parliaments; And may be an occasion of manifold mischiefs and inconveniencies, and much endanger the Peace and Safety of his Majesty, and all his Liege People of this Realm. Be it therefore Enacted by the Kings most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and the Commons in this present Parliament Assembled, and by the Authority of the same, That the said Act, entitled, A Repeal of the said Act. An Act for the preventing of Inconveniences happening by the long Intermission of Parliaments, And all and every the Articles, Clauses and Things therein contained, is, shall be, and are hereby wholly Repealed, Annulled, and utterly made Void, And are hereby declared to be Null and Void to all intents and purposes whatsoever, as if the said Act had never been had, or made; Any thing in the said Act contained to the contrary in any wise notwithstanding. And because by the Ancient Laws and Statutes of this Realm, 4 E. 3. cap. 14. 36 E. 3. cap. 10. made in the Reign of King Edward the Third, Parliaments are to be held very often, Your Majesty's humble and Loyal Subjects the Lords Spiritual and Temporal, and the Commons in this present Parliament Assembled, most humbly do beseech Your most Excellent Majesty, That it may be Declared and Enacted, And be it Declared and Enacted by the Authority aforesaid, That hereafter the sitting and holding of Parliaments shall not be intermitted or discontinued above Three years at the most; but that within Three years from and after the determination of this present Parliament, and so from time to time within Three years after the determination of any other Parliament or Parliaments, or if there be occasion, more oftener, Your Majesty, Your Heirs and Successors do issue out Your Writs for calling, assembling and holding of another Parliament, to the end there may be a frequent calling, assembling, and holding of Parliaments once in Three years at the least. CAP. II. An Act for preventing of Abatements of Writs of Error upon Judgements in the Exchequer. WHereas by a Statute made in the One and thirtieth year of the Reign of the late Queen Elizabeth, It is Enacted, That the not coming of the Lord Chancellor, 31 El. cap. 1. and Lord Treasurer, or either of them, at the day of Adjournment, in any Suit of Error depending, 31 E 3. cap. 12. by virtue of the Statute of the One and thirtieth year of the Reign of King Edward the Third, therein mentioned, concerning Error made in the Exchequer, shall not be any Discontinuance of any such Writ of Error: But if both the Chief justices of either Bench, or any one of the said great Officers, the Lord Chancellor, or Lord Treasurer shall come to the Exchequer-Chamber, and there be present at the day of Adjournment in such Suit of Error, It shall be no Discontinuance, but the Suit shall proceed in Law to all intents and purposes, as if both the Lord Chancellor and Lord Treasurer had come, and been present at the day and place of Adjournment. Which Statute doth not provide a Remedy, in case the said Lord Chancellor and Lord Treasurer, or either of them shall not be present at the Days and Times of the Returns of such Writs of Error, although it be within the same mischief, justice being delayed▪ And the parties in such Cases being put to begin new Suits, to their great Charges and prejudice, by reason of the absence and not coming of the said great Officers; 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, and by Authority of the same, The not com●ing of the Lord Chancellor or Lord Treasurer. That the not coming of the Lord Chancellor and Lord Treasurer, or either of them, at the day of Return of any Writ of Error, to be sued forth by virtue of the said Statute made in the said One and thirtieth year of the Reign of the said King Edward the Third, shall not cause any Abatement or Discontinuance of any such Writ of Error. But if both the Chief justices of either Bench, or either of them, or any one of the said great Officers, the Lord Chancellor or Lord Treasurer, shall come to the Exchequer-Chamber, and there be present at the day of Return of any such Writ of Error, it shall be no Abatement or Discontinuance; But the Suit shall proceed in Law to all intents and purposes, as if both the Lord Chancellor and Lord Treasurer had come, and been present at the day and place of Return of such Writ. Provided always, That no judgement shall be given in any such Suit, or Writ of Error, unless both the Lord Chancellor and the Lord Treasurer shall be present thereat. CAP. III. For Collecting the Duty arising by Hearth-Money, by Officers to be appointed by His Majesty. 14 Car. 2. cap. 10. WHereas by an Act made in the Parliament begun at Westminster the Eighth day of May, in the Thirtéenth year of his Majesty's Reign that now is, Entitled, An Act for Establishing an Additional Revenue upon His Majesty, his Heirs and Successors, for the better Support of His and their Crown and Dignity; And by another Act made in the second Session of the said Parliament, 15 Car. 2. cap. 14. in the Fiftéenth year of the Reign of his said Majesty, Entitled, An Additional Act for the better Ordering and Collecting the Revenue arising by Hearth-money, It was Enacted and Ordained, That from and after the Five and twentieth day of March, in the year of our Lord, One thousand six hundred sixty and two, every Dwelling, and other House and Edifice, and all Lodgings in Inns of Court, Inns of Chancery, Colleges, 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 than such as are therein excepted) shall be, and are charged with the Annual payment to the King's Majesty, his Heirs and Successors, for every Firehearth and Stove within every such House, Edifice, Chambers and Lodgings, the sum of Two shillings by the year, to be paid yearly at the Feasts of Saint Michael the Archangel, and of the Annunciation 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 Majesty's 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 Mastiffs Exchequer, the full Revenue due for the numbers returned at the times appointed, and by sundry fraudulent practices 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 King's 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, Chancellor, under-treasurer, and Barons of the Court of Exchequer for the time being, or any three 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 meet, to be the Officer or Officers for the receiving and collecting, and answering the duty arising by the said Fire-Hearths and Stoves, by virtue of the said several Acts, and for viewing and numbering 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 Majesty's 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, under-treasurer, or other public 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 public 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 than 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 certify the same under his and their hands to the Clerk of the Peace, which Certificate they are hereby enjoined to make: And after approbation thereof by the justices of the Peace at their Sessions, the same to be certified to his Majesty's 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 Archangel, and the Annunciation of the Virgin Mary yearly, unto such Officer as shall be appointed by virtue 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 overplus 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 exceed the one moiety 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 justice 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 justice 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 exceeding the space of one month. 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 Majesty's 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 Trusts, and shall likewise take a Corporal Oath before one or more of the Barons of the Exchequer, or before such persons as shall be authorised to take such Security and Oath by Commission from the said Court of Exchequer, for the due and faithful execution thereof, according to the Laws Enacted to that purpose; And that they shall not exact or demand any Fee, or sum of money for execution thereof, from any Subject, but only from the King's Majesty, under pain of being disabled to execute the said Office or Employment; And upon legal Conviction of any such Crime, to render triple damage to the party grieved: And shall sign and deliver Acquittances for moneys by them received, without any Fee or Reward whatsoever; And every such Acquittance shall be a final Discharge, as in the said first Act is provided. And be it further Enacted by the Authority aforesaid, That if any person occupying any Hearth or Stove chargeable to his Majesty, shall leave or relinquish any House, Edifice, Lodging or Chamber, before any of the half-yearly Feasts whereon the same is appointed to be paid to his Majesty, his Heirs and Successors; In every such case, the next Occupier thereof shall be chargeable with the same for the said half year: And if any person shall fraudulently stop up, deface, cover or conceal any Chimney-Hearth, or Stove chargeable by the said Act, and the same be proved, either by confession of the party, or upon Oath before one justice of Peace, or chief Magistrate, or by their view, he shall for such offence pay double the value of the Duty for the same, to be levied as aforesaid. And be it likewise Enacted, That if any person within one year last passed hath, or hereafter shall let the Lands, Gardens, Orchards or Outhouses formerly belonging to any Dwellinghouse or Cottage apart from the same, or shall divide any house into several dwellings, or let out the same to any such persons, who by reason of their poverty may pretend to be exempted from payment of the said Duty, by any Clause or Clauses in the former Acts, That in every such case, such person shall pay the said Duty in as ample manner as they ought to have done before that time. And that no person or persons inhabiting any Dwellinghouse (not being an Alms-house exempted by the former Act) within any City, Burrough, Corporation, Market-Town, or Parish which hath, or shall have in it more than two Chimneys, Fire-hearths or Stoves, shall be exempted from payment of the Duties thereon imposed, by colour of any exemption or pretext whatsoever. And if any question or difference shall arise about the taking any Distress, or levying any money by virtue of this Act, the same shall be heard and finally determined by one or more of the justices of the Peace near adjoining, or chief Magistrate of the place respectively, upon complaint in that behalf. And be it further Enacted, That every Collector who shall be authorised and appointed by virtue of this Act to receive any of the said Duties, shall truly answer and pay all such moneys as he shall receive for the said Duties, into his Majesty's Receipt of Exchequer, half-yearly, within Three months after the Feast of Saint Michael the Archangel, or the Annunciation of the blessed Virgin Mary, happening next after the time the same moneys grew due to his Majesty by virtue of the said Acts, and under the penalty of the loss of his Office: And the justices of Peace, and chief Magistrates, Constables, and other his Majesty's Officers within their several Limits and jurisdictions, are hereby authorised and required to give assistance from time to time, to such Officers as shall be appointed by his Majesty, his Heirs and Successors, for the collecting of the said Duty according to the true meaning of the said former Acts, and this present Act. Provided, That no person or persons shall be questioned for any arrears due on or before our Lady day, One thousand six hundred sixty four, who shall produce to the Collector a Certificate approved or to be approved of by the two next justices of Peace, for their exemption from the said Duty for that time, according to the Rules prescribed in the said first recited Act; nor any person who hath truly paid the said Duty, and shall, if it be required, make proof thereof before any one justice of Peace, or other chief Magistrate of the place; Any thing therein contained, or any Return made into his Majesty's Exchequer to the contrary thereof in any wise notwithstanding. Provided also, and be it Enacted by the Authority aforesaid, That all and every such Officer or Officers as shall be at any time appointed by his Majesty, his Heirs and Successors, for the collecting, gathering and receiving of the several sums of money now or hereafter to grow due unto his Majesty, his Heirs and Successors, for or in respect of the said Duty arising upon the Fire-hearths and Stoves, shall satisfy and pay unto the respective Petty-Constables and Clerks of the Peace of this Kingdom, all such allowances as are by any former Act or Acts given and allowed unto them, as well for their pains and labour heretofore, as hereafter to be taken by them, as in and by the former Acts concerning Fire-hearths and Stoves are limited and appointed; Any thing in this Act to the contrary notwithstanding. CAP. IU. Seditious Conventicles suppressed. WHereas an Act made in the Five and thirtieth year of the Reign of our late Sovereign Lady Queen Elizabeth, entitled, An Act to retain the Queen's Majesty's Subjects in their due Obedience, 35 El. cap. 1. declared to be in force. hath not been put in due Execution, by reason of some doubt of late made, whether the said Act be still in force; although it be very clear and evident, And it is hereby Declared, That the said Act is still in force, and aught to be put in due execution, For providing therefore of further and more speedy remedies against the growing and dangerous practices of Seditious Sectaries, Further remedy against Seditious Sectaries. and other disloyal persons, who under pretence of Tender Consciences, do at their Meetings contrive Insurrections, as late Experience hath showed. 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 if any person of the age of Sixtéen years or upwards, being a Subject of this Realm, at any time after the first day of July, which shall be in the year of our Lord, One thousand six hundred sixty and four, shall be present at any Assembly, Conventicle, or Meeting, Unlawful Conventicles and Meetings under pretence of exercise of Religion forbidden. under colour or pretence of any exercise of Religion, in other manner than is allowed by the Liturgy or practice of the Church of England, in any place within the Kingdom of England, Dominion of Wales, and Town of Berwick upon Tweed, At which Conventicle, Meeting, or Assembly, there shall be five persons or more assembled together, over and above those of the same Household; Then it shall and may be lawful to, and for any two justices of the Peace of the County, The punishment and manner of proceeding against them for the first offence. Limit, Division or Liberty wherein the Offence aforesaid shall be committed, or for the Chief Magistrate of the place where such Offence aforesaid shall be committed, (if it be within a Corporation where there are not two justices of the Peace) And they are hereby required and enjoined upon proof to them or him respectively made of such offence, either by confession of the party, or oath of Witness, or notorious evidence of the Fact: (which Oath the said justices of the Peace, and Chief Magistrate respectively, are hereby empowered and required to administer) to make a Record of every such offence and offences under their hands and seals respectively; which Record so made as aforesaid, shall to all intents and purposes be in Law taken and adjudged to be a full and perfect Conviction of every such Offender for such offence: And thereupon the said justices and Chief Magistrate respectively, shall commit every such Offender so convicted as aforesaid to the Gaol, or house of Correction, there to remain without Bail or Mainprize, for any time not exceeding the space of three Months, unless such Offender shall pay down to the said justices, or Chief Magistrate such sum of money not exceeding five pounds, as the said justices, or Chief Magistrate (who are hereby thereunto authorized and required) shall Fine the said Offender at, for his or her said offence; which money shall be paid to the Churchwardens for the relief of the Poor of the Parish where such Offender did last inhabit. And be it further Enacted by the authority aforesaid, The second offence. That if such Offender so convicted as aforesaid, shall at any time again commit the like offence contrary to this Act, and be thereof in manner aforesaid convicted, Then such Offender so convict of such second offence, shall incur the penalty of Imprisonment in the Gaol, or house of Correction, for any time not exceeding six months, without Bail or Mainprize, unless such offender shall pay down to the said justices or Chief Magistrate such sum of money, not exceeding Ten pounds, as the said justices or Chief Magistrate (who are thereunto authorized and required as aforesaid) shall Fine the said Offender at, for his or her said second offence, the said Fine to be disposed in manner aforesaid. And be it further Enacted by the Authority aforesaid, The third offence. That if any such Offender so convict of a second offence, contrary to this Act in manner aforesaid, shall at any time again commit the like offence contrary to this Act, Then any two justices of the Peace, and Chief Magistrate as aforesaid respectively, shall commit every such Offender to the Gaol, or house of Correction, there to remain without Bail or Mainprize until the next General Quarter Sessions, Assizes, Gaol-delivery, great Sessions, or sitting of any Commission of Oyer and Terminer in the respective County, Limit, Division or Liberty which shall first happen; when, and where every such Offender shall be proceeded against by Indictment for such offence, and shall forthwith be arraigned upon such Indictment, and shall then plead the General Issue of not guilty, and give any special matter in Evidence, or confess the Indictment. And if such Offender proceeded against, shall be lawfully convict of such Offence, either by Confession or Verdict, or if such Offender shall refuse to Plead the General Issue, or to confess the Indictment, than the respective justices of the Peace at their General Quarter-Sessions, judges of Assize and Gaol-delivery at the Assizes and Gaol-delivery, justices of the great Sessions at the great Sessions, and Commissioners of Oyer and Terminer, at their sitting, are hereby enabled and required to cause judgement to be entered against such Offender, That such Offender shall be Transported beyond the Seas to any of His Majesty's Foreign Plantations (Virginia and New-England only excepted) there to remain Seven years; And shall forthwith under their Hands and Seals make out Warrants to the Sheriff or Sheriffs of the same County where such Conviction or Refusal to Plead or to Confess as aforesaid, shall be, safely to convey such Offender to some Port or Haven nearest or most commodious to be appointed by them respectively; And from thence to Embark such Offender to be safely Transported to any of his Majesty's Plantations beyond the Seas, as shall be also by them respectively appointed (Virginia and New-England only excepted:) Whereupon the said Sheriff shall safely Convey and Embark, or cause to be Conveyed and Embarked such Offender, to be Transported as aforesaid, under pain of forfeiting for default of so Transporting every such Offender, the sum of forty pounds of lawful money, the one Moiety thereof to the King, & the other Moiety to him or them that shall Sue for the same in any of the King's Courts of Record, by Bill, Plaint, Action of Debt, or Information; In any of which, no Wager of Law, Essoign or Protection shall be admitted. And the said respective Court shall then also make out Warrants to the several Constables, Headboroughs, or Tythingmen of the respective places where the Estate real or personal of such offender so to be Transported shall happen to be, commanding them thereby to Sequester into their hands the profits of the Lands, and to distrain and sell the Goods of the offender so to be Transported, for the reimbursing of the said Sheriff all such reasonable charges as he shall be at, and shall be allowed him by the said respective Court for such Conveying and Embarquing of such offender so to be Transported, rendering to the party, or his or her Assigns, the overplus of the same, if any be; unless such offender, or some other on the behalf of such offender so to be Transported, shall give the Sheriff such Security as he shall approve of for the paying all the said Charges unto him. And be it further Enacted by the Authority aforesaid, How Seditious Sectaries convicted may be transported. That in default of defraying such Charges by the parties so to be Transported, or some other in their behalf; or in default of Security given to the Sheriff as aforesaid, It shall and may be lawful for every such Sheriff to Contract with any Master of a Ship, Merchant, or other person, for the Transporting of such offender at the best rate he can. And that in every such case it shall and may be lawful for such persons so Contracting with any Sheriff for Transporting such offender as aforesaid, to detain and employ every such offender so by them Transported, as a Labourer to them or their Assigns for the space of Five years, to all intents and purposes, as if he or she were bound by Indentures, to such person for that purpose: And that the respective Sheriffs shall be allowed or paid from the King, upon their respective Accounts in the Exchequer, all such charges by them expended, for Conveying, Embarquing and Transporting of such persons which shall be allowed by the said respective Courts from whence they received their respective Warrants, and which shall not have been by any of the ways aforementioned paid, secured, or reimbursed unto them as aforesaid. How the offender may be discharged upon payment of 100 l. Provided always, and be it further Enacted, That in case the offender so Indicted and Convicted for the said Third offence, shall pay into the hands of the Register or Clerk of the Court or Sessions where he shall be Convicted (before the said Court or Sessions shall be ended) the sum of One hundred pounds, That then the said offender shall be discharged from Imprisonment and Transportation, and the judgement for the same. Punishment of offenders after the third offence. And be it further Enacted, That the like Imprisonment, Indictment, Arraignment and Proceed shall be against every such offender, as often as he shall again offend after such Third offence; Nevertheless is dischargeable and discharged by the payment of the like sum as was paid by such offender for his or her said offence next before committed, together with the additional and increased sum of One hundred pounds more upon every new offence committed; the said respective sums to be paid as aforesaid, and to be disposed of as followeth, (viz) The one Moiety for the Repair of the Parish Church or Churches, How the said penalty of 100 l. shall be disposed. Chappel or Chapels of such Parish within which such Conventicle, Assembly or Meeting shall be held; and the other Moiety to the Repair of the Highways of the said Parish or Parishes (if need require) or otherwise for the amendment of such Highways as the justices of the Peace at their respective Quarter-Sessions shall direct and appoint. And if any Constable, Headborough or Tythingman shall neglect to execute any the said Warrants made unto them for Sequestering, Distraining and Selling any of the Goods and Chattels of any offender against this Act, for the Levying such sums of money as shall be imposed for the first or second offence, he shall forfeit for every such neglect the sum of Five pounds of lawful money of England, the one moiety thereof to the King, and the other moiety to him that will sue for the same in any of the King's Courts of Record, as is aforesaid. And if any person be at any time Sued for putting in Execution any of the powers contained in this Act, Persons sued for executing this Act may plead the General issue and recover triple Costs. such person shall and may plead the general Issue, and give the special matter in evidence. And if the Plaintiff be Nonsuit, or a Verdict pass for the Defendant thereupon, or if the Plaintiff discontinue his Action, or if upon Demurrer, judgement be given for the Defendant, every such Defendant shall have his or their treble Costs. Felony to escape after conviction, or to return after Transportation. And be it further Enacted, That if any person against whom judgement of Transportation shall be given in manner aforesaid, shall make escape before Transportation; or being Transported; as aforesaid shall return unto this Realm of England, Dominion of Wales, and Town of Berwick upon Tweed, without the special Licence of His Majesty, His Heirs and Successors, in that behalf first had and obtained: That the party so escaping or returning shall be adjudged a Felon, and shall suffer death as in case of Felony, without benefit of Clergy; and shall forfeit and lose to His Majesty, all his or her Goods and Chattels for ever; and shall further lose to His Majesty all his or her Lands, Tenements and Hereditaments for and during the life only of such offender and no longer. And that the wife of any such offender by force of this Act shall not lose her Dower, nor shall any Corruption of blood grow, or be by reason of any such offence mentioned in this Act: But that the heir of every such offender by force of this Act, shall and may after the death of such offender have and enjoy the Lands, Tenements and Hereditaments of such offenders, as if this Act had not been made. Seditious and Tumultuous Meetings, and Conventicles. And for better preventing of the mischiefs which may grow by such Seditious and Tumultuous Meetings under pretence of Religious Worship, Be it further Enacted by the authority aforesaid, That the Lieutenants or Deputy-Lieutenants, or any Commissioned Officers of the Militia, or any other of His Majesty's Forces, with such Troops or Companies of Horse or Foot; And also the Sheriffs and justices of Peace and other Magistrates and Ministers of justice, or any of them jointly or severally within any of the Counties or Places within this Kingdom of England, Dominion of Wales or Town of Berwick upon Tweed, with such other assistance as they shall think meet or can get in readiness with the soon, on Certificate made to them respectively under the hand and seal of any one justice of the Peace or Chief Magistrate, as aforesaid, of his particular Information or knowledge of such unlawful Meetings or Conventicles held or to be held in their respective Counties or places, And that he (with such assistance as he can get together is not able to suppress or dissolve the same) shall and may, and are hereby required and enjoined to repair unto the place where they are so held, or to be held, and by the best means they can to dissolve and dissipate or prevent all such unlawful Meetings, and take into their custody such of those persons so unlawfully assembled as they shall judge to be the Leaders and Seducers of the rest, and such others as they shall think fit to be proceeded against according to Law for such their Offences. The penalty of suffering Conventicles in private houses. And be it Enacted by the Authority aforesaid, That every person who shall wittingly and willingly suffer any such Conventicle, unlawful Assembly or Meeting aforesaid, to be held in his or her House, Outhouse, Barn or Room, Yard or Backside, Woods or Grounds, shall incur the same penalties and forfeitures as any other Offender against this Act ought to incur, and be proceeded against in all points, in such manner as any other offender against this Act ought to be proceeded against. Gaolers may not let priso-committed upon this Act to go at large. Provided also, And be it Enacted by the authority aforesaid, That if any Keeper of any Gaol or House of Correction shall suffer any person committed to his custody for any offence against this Act, to go at large, contrary to the Warrant of his Commitment according to this Act, or shall permit any person who is at large to join with any person committed to his Custody by virtue of this Act, in the exercise of Religion, differing from the Rites of the Church of England; then every such Keeper 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 Three months after the offence committed: And that no person who shall be punished for any offence by virtue of this Act, shall be punished for the same offence by virtue of any other Act or Law whatsoever. Provided also, and be it Enacted, Married women how to be punished. That judgement of Transportation shall not be given against any Feme-Covert, unless her husband be at the same time under the like judgement, 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 Mainprize, for any time not exceeding, Twelve months, unless her Husband shall pay down such sum, not exceeding 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 justices of the Peace, How justices 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 Dwellinghouse of any Péer of this Realm, The houses of Peers. whilst he or his Wife shall be there resident, shall be searched by virtue 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 justices of the Peace, whereof one to be of the Quorum of the same County or Riding. Nor shall any other Dwellinghouse of any Péer or other person whatsoever be entered into with force, by virtue of this Act, but in the presence of one justice of the Peace, or chief Magistrate respectively, except within the City of London, where it shall be lawful for any such other Dwellinghouse to be entered into as aforesaid, in the presence of one justice 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 virtue of this Act be committed to the house of Correction, that shall satisfy the said justices 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 Copyhold 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 proceeding of justice 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 jury, or ordered to be examined upon Interrogatories, or being present in Court shall refuse to take any judicial Oath legally tendered to him by the judge or judges of the same Court, having no legal Plea to justify 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, shall 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 judgement 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 justice 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 than His Majesty's Court of King's Bench, or before the justices of Assize, or General Gaol-Delivery) shall by Warrant containing a Certificate of such Conviction under the hand and seal of the respective judge or judges before whom such Conviction shall be had, be sent to some one of His Majesty's 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 justice or justices of Assize or Gaol-Delivery; then such justice or justices shall cause judgement of Transportation to be executed, in such manner as judgement of Transportation by this Act is to be executed. But in case such person shall take the said Oath, than he shall thereupon be discharged. Peers offending how to be proceeded against. Provided always, and be it Enacted by the Authority aforesaid, That if any Péer of this Realm shall offend against this Act, he shall pay Ten pounds for the first offence, and Twenty pounds for the second offence, to be levied upon his Goods and Chattels by Warrant from any two justices of the Peace, or Chief Magistrate of the Place or Division where such Peer shall dwell; and that every Péer for the third, and every further offence against the tenor of this Act, shall be tried by his Péers, and not otherwise. The continuance of this Act. Provided also, and be further Enacted by the Authority aforesaid, That this Act shall continue in force for Three years after the end of this present Session of Parliament; and from thenceforward, to the end of the next Session of Parliament after the said Three years, and no longer. CAP. V. Against Disturbances of Seamen and others, and to preserve the Stores belonging to His Majesty's Navy Royal. WHereas divers fightings, quarrelings and disturbances do often happen in and about His Majesty's Offices, Yards and Stores for His Majesty's Royal Navy, and frequent differences and disorders are occasioned in the Office of His Majesty's Treasury of the Navy on Pay-days, in London, Portsmouth, and other places of meeting for the service of the said Navy; and that either by the unreasonable turbulence of Seamen and others, attending on, or relating to that Service, or their Creditors, or by the rudeness of the Officers entrusted with His Majesty's Stores on Land, or in his Royal Ships, when they are questioned by the principal Officers and Commissioners of the said Navy, either for neglect or imbezelment of His Majesty's Provisions, Ammunitions, or other Equipage of the Navy under their charge; And that not only to the disturbance of the Peace, but sometimes to the danger and hindrance of His Majesty's Service, both in point of Husbanding His Majesty's Revenue, and also in dispatch of the Ships, on which the honour and safety of His Majesty and Kingdom so much depends: which Inconveniences require a spéedier Remedy than the ordinary attendance on the Sessions of the Peace can give, the parties accused or offending being many times bound to Sea; And the principal Officers and Commissioners for want of authority to suppress such Insolences, and determine such Cases, being necessitated to pass by many offences, in which His Majesty might be righted, if their necessary attendance on that Important Service would permit the prosecution of the Offenders before other ordinary judicatures. Be it therefore Enacted by the Kings most Excellent Majesty, with the advice and consent of the Lords Spiritual and Temporal and Commons in Parliament assembled, and by Authority of the same, That the Treasurer, controller, Surveyour, Clerk of the Acts, and the Commissioners of the Navy for the time being, Who may punish disturbances by Seamen and others relating to the Navy Office. or any two or more of them have power and Authority to examine and punish all such person and persons, whom they upon their enquiry, examination, or on view in their presence shall find hereafter to make, or have made any disturbance, fight, or quarrelling in the Yards, Stores, or Offices aforesaid at Pay-days, or on other occasions relating to the Naval Services, in such manner as followeth, that is to say, That they or any two or more of them may punish any the said offences by Fine, Imprisonment, or either of them; the Fine not exceeding twenty shillings, and the Imprisonment not exceeding one week; and have power in such cases to commit such persons to the next Gaol or to the custody of the Messenger or Messengers for the time being attendant on them, who respectively are to receive and detain such person so offending. And that the said principal Officers & Commissioners, or the greater number of them then present, have power to discharge such Fine or Imprisonment, if they so think fit: And for nonpayment of the Fine so Imposed, and not remitted, to imprison the party offending until payment thereof; which said Fines shall be paid to the Clerk of the Chest, for the use of the maimed Seamen; and that the examination of witnesses be upon oath before them, which they, any two or more of them are accordingly empowered to administer. And it is further by the Authority aforesaid Enacted, That the said Officers and Commissioners, or any two or more of them (in Cases where greater example or punishment is needful) may also bind the person and persons offending to their good behaviour, with, or without Securities, as occasion shall be. Imbezilling of Stores and Ammunition. And whereas divers of His Majesty's Stores and Ammunition, pertaining to his Navy and Shipping, or service thereof, are embezzled and Filched away; It is by like Authority Enacted, That the said principal Officers and Commissioners, or any two or more of them, by warrant under their hands and seals have power in like manner to inquire and search for the same in all places, as justices of the Peace may do in case of Felony, and punish the Offenders by such Fine and Imprisonment as aforesaid, and cause the Goods to be brought in again. And if th● offence be of such nature as doth require a higher and severer punishment, Then that they, or any two or more of them may commit such offenders to the next Gaol, or to the custody of their Messenger or Messengers aforesaid, till he or they so offending enter into Recognizance with Surety or Sureties according to the nature of the offence, to appear and answer to the same in his Majesty's Court of Exchequer, or other Court where his Majesty shall question him or them for the same within one year following, on process duly served for that purpose on such offender or offenders. And it is Declared and Enacted by the Authority aforesaid, That they the said principal Officers and Commissioners, or any two or more of them may put in use the said powers on the Offenders, as aforesaid, in all places where they hold an Office for his Majesty, as well within Liberties as without, Any Law, Statute, Ordinance, Charter, or Privilege to the contrary notwithstanding. This Act to continue for two years, from the First day of June, The continuance of this Act. 19 Car. 2. cap. 7. One thousand six hundred sixty and four: And from thence to the end of the next Session of Parliament. CAP. VI To prevent the delivering up of Merchant's Ships. WHereas it often happeneth that Masters and Commanders of Merchant's Ships do suffer their Ships to be boarded, and the goods to be taken out by Pirates and Sea-Rovers, notwithstanding they have sufficient force to defend themselves, whereby not only the Merchants are much prejudiced, but the honour of the English Navigation is thereby much diminished, and Merchants discouraged from lading their goods on board English Ships, to the decay of Shipping; In the preservation whereof, the wealth, honour and safety of this Nation is so much concerned: To which the said Masters are encouraged by a practice used towards them by the Turks and others, who after they have taken out the goods, as an encouragement to Masters of Ships to yield, do not only restore the Ship with such goods as are claimed by the Masters or Seamen, but many times pay unto the Masters all, or some part of the Freight, which hath many times caused suspicion of treachery in the said Masters, to the great dishonour of the English Nation. For the prevention thereof for the future, and for the better encouragement to Merchants, as well Foreigners as English, to Freight and use English Ships, Be it Enacted by the Kings most Excellent Majesty, by, and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons Assembled in Parliament, and by Authority of the same, English Ships not to be yielded up to Turks or Pirates. That where any Goods or Merchandizes shall be laden on board any English Ship, which Ship shall be of the burden of Two hundred Tuns or upwards, and mounted with sixtéen Guns or more; if the Master or Commander shall yield up the said Goods to any Turkish Ships or Vessels, or to any Pirates or Sea-Rovers whatsoever without fight, That then and in such case the Master shall (upon proof thereof made in the high Court of Admiralty) be from thenceforth incapable of taking charge of any English Ship or Vessel as Master or Commander thereof. The Penalty. And if he shall at any time thereafter presume to take upon him to Command any English Ship or Vessel, he shall suffer Imprisonment by warrant from the said Court, during the space of six months for every offence: And in case the persons so taking the said Goods, shall release, give back, or let pass the Ship, or shall pay unto the said Master any sum or sums of money, or any goods in lieu of money for freight or other reward or gift, That in all or any such cases the said goods or money so given, or the value thereof, as also the Master's part of such Ship, her Tackle, Apparel and Furniture so released, given back, or let pass, out of which the said goods were taken, shall be liable to repair the persons whose Goods were so delivered or taken, by Action in the High Court of Admiralty; And in case the Commanders or Master's part of the Ship, Tackle, Apparel and Furniture, together with such money and goods given as aforesaid, shall not be sufficient to repair all the damages sustained, than the Reparations to be recovered on the Masters or Commanders part of the Ship to be divided pro Rata amongst the persons prosecuting and proving their damages; and the persons damaged to have their Action against the Master for the remainder. And be it further Enacted by the Authority aforesaid, Masters of Ships. That no Master of any such English Ship as aforesaid, being at Sea, and having discovered any Ship to be a Turkish Ship, Pirate, or Sea-Rover, shall departed out of his Ship upon any pretence whatsoever, lest by his detention on board any such Ship, the safety of his own Ship be hazarded. And be it further Enacted, That if the Master of any English Ship or Vessel, though not of the Burden of Two hundred Tuns, or mounted with Sixtéen Guns, as aforesaid, shall yield his said Ship unto any Turkish Ship, Pirate, or Sea-Rover (not having at the least double his number of Guns) without fight; Every such Master shall be liable to all and every the penalties in this Act contained. And be it further Enacted by the Authority aforesaid, Process out of the Court of Admiralty. That upon Process made out of the High Court of Admiralty, It shall and may be lawful to and for all Commanders of his Majesty's Ships of War, or the Commanders of any other English Ships, to seize such Ships or Masters so offending, according to the said Process in such case to be issued, and the same to bring or send in custody into any Ports of His Majesty's Dominions, there to be proceeded against according to the intent and meaning of this Act. Provided that none be hereby encouraged to violate the Rights o● the Ports of any Foreign Prince or State in amity with the King's Majesty. Mariners or inferior officers declining to fight. And be it further Enacted by the Authority aforesaid, That if the Mariners or inferior Officers of any English Ship laden with Goods and Merchandizes as aforesaid, shall decline or refuse to fight and defend the Ship, when they shall be thereunto commanded by the Master or Commander thereof, or shall utter any words to discourage the other Mariners from defending the Ship; The Penalty. That every Mariner, who shall be found guilty of declining or refusing as aforesaid, shall lose all his wages due to him, together with such goods as he hath in the Ship, and suffer Imprisonment, not exceeding the space of Six months, and shall during such time, be kept to hard labour for his or their maintenance. Provided always, That if any Ship shall have been yielded as aforesaid, contrary to the will and endeavour of the Master or Commander, by the disobedience of his Mariners, testified by their having laid violent hands on him, That in such case the Master or Commander shall not be liable to the sentence of Incapacity as aforesaid, nor to any Action for the losses sustained by the Merchants, unless he shall have received back from the takers thereof, his Ship, or some recompense, gift or reward as aforesaid. And be it further Enacted by the Authority aforesaid, That every Mariner who shall have laid violent hands on his Commander, whereby to hinder him from fight in defence of his Ship and Goods committed to his trust, shall suffer death as a Felon. And for the better encouragement to Captains, Masters, Officers and Sea men to defend their Ships, Encouragement to Captains and S●amen to defend their Ships. Be it Enacted by the Authority aforesaid, That when any English Ship shall have been defended by fight, and brought to her designed Port, in which fight any of the Officers or Sea men shall have been wounded, it shall and may be lawful to and for the judge of His Majesty's High Court of Admiralty, or his Surrogate, or the judge of the Vice-Admiralty within which the Ship shall arrive at her return, upon Petition of the Master or Seamen of such Ship so defended as aforesaid, to call unto him such and so many as he shall be informed to be Adventurers or Owners of the Ship and Goods so defended, and by advice with them, to raise and levy upon the respective Owners and Adventurers, by Process out of the said Court, such sum or sums of money as himself, with the Major part of the Adventurers or Owners then present shall judge reasonable, not exceeding the value of Two per cent. of the Ship and Goods so defended, according to the first cost of the Goods, to be made appear by the Envoyce (which the Owner or his Factor, or Correspondent, is hereby required to produce) or by the Oath of the said Owner, Factor, or Correspondent, if thereunto required; which money, so raised, shall be paid unto the Register of the said Court, who shall receive for the same Three pence in each pound and no more, thence to be distributed amongst the Captain, Master, Officers and Seamen of the said Ship, or Widows and Children of the slain, according to the direction of the judge of the said Court, with the approbation of Three or more of the Owners or Adventurers aforesaid, who shall proportion the same according to their best judgements unto the Ships Company, as aforesaid, having especial regard unto the Widows and Children of such as shall have been slain in that Service, and to such as shall have been wounded or maimed. And in case the Company belonging to any English Merchant-ship, shall happen to take any ship, Ships which 〈◊〉 o● taken 〈◊〉 English which ship shall first have assaulted them, the respective Officers and Mariners belonging to the same, shall after Condemnation of such ship and Goods, have and receive to their own proper use and benefit, such part and share thereof as is usually practised in Private men of War. omary. And whereas it often happeneth, that Masters and Mariners of ships having insured or taken upon Botomary greater sums of money then the value of their Adventure, do wilfully cast away, burn, or otherwise destroy the ships under their charge, to Merchants and Owners great loss; For the prevention thereof for the future, Be it Enacted by the Authority aforesaid, That if any Captain, Master, Mariner, or other Officer belonging to any ship, shall wilfully cast away, burn, or otherwise destroy the ship unto which he belongeth, or procure the same to be done, he shall suffer death as a Felon. The continuance of this Act. Provided that this Act shall continue for Three years, and from thence to the end of the next Session of Parliament, and no longer. CAP. VII. Deceitful, disorderly, and excessive Gaming prevented. The inconvenience of immoderate and unlawful use of gaming. WHereas all Lawful Games and Exercises should not be otherwise used, then as Innocent and Moderate Recreations, and not as constant Trades or Callings to gain a Living, or make unlawful Advantage thereby; And whereas by the immoderate use of them, many mischiefs and inconveniences do arise, and are daily found, to the maintaining and encouraging of sundry idle, lose, and disorderly persons in their dishonest, lewd, and dissolute course of life, And to the circumventing, deceiving, cozening, and debauching of many of the younger sort, both of the Nobility and Gentry, and others, to the loss of their precious time, and the utter ruin of their Estates and Fortunes, and withdrawing them from Noble and Laudable Employments and Exercises: Be it therefore Enacted by the Kings most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and the Commons in this present Parliament Assembled, and by the Authority of the same, That if any person or persons of any Degree or Quality whatsoever, at any time or times after the Nine and twentieth day of September, which shall be in the year of our Lord God, One thousand six hundred sixty and four, do, or shall by any fraud, shift, cozenage, circumvention, deceit, or unlawful device, or ill practice whatsoever, Deceits and Cozenages in Gaming. in playing at or with Cards, Dice, Tables, Tennis, Bowls, Kittles, Shovelboard; or in or by Cock-fighting, Horse-races, Dog-matches, or Foot-races, or other Pastimes, Game, or Games whatsoever, or in, or by bearing a share, or part in the Stakes, Wagers, or Adventures, or in, or by betting on the Sides or Hands of such as do, or shall Play, Act, Ride, or Run as aforesaid, win, obtain, or acquire to him or themselves, or to any other or others any sum or sums of money, or other valuable thing or things whatsoever, The penalty. That then every person and persons so offending as aforesaid, shall ipso facto forfeit and lose triple the sum or value of money, or other thing or things so won, gained, obtained or acquired; The one moiety thereof to our Sovereign Lord the King, his Heirs and Successors, and the other moiety thereof unto the person or persons grieved, or who shall lose the money, or other thing or things so gained; so as every such loser and person grieved in that behalf, do, or shall prosecute and sue for the same within six Calendar Months next after such Play. And in default of such prosecution, the same other moiety to such person or persons as shall or will prosecute or sue for the same within one year next after the said six months expired; And that the said Forfeitures shall, or may be sued for, or recovered by Action of Debt, How to be sued for and recovered. Bill, Plaint, or Information, in any of his Majesty's Courts at Westminster, wherein no Essoign, Protection, or Wager of Law shall be allowed. And that all and every such Plaintiff or Plaintiffs, Informer or Informers, shall in every such Suit and Prosecution have and recover his and their treble Costs against the person offending and forfeiting as aforesaid; Any Law, Statute, Custom, or Usage to the contrary in any wise notwithstanding. And for the better avoiding and preventing of all excessive and immoderate Playing and Gaming for the time to come, Be it further Ordained and Enacted by the Authority aforesaid, Prevention of excessive and immoderate gaming. That if any person or persons shall at any time or times after the Nine and twentieth day of September aforesaid, play at any of the said Games, or any other Pastime, Game or Games whatsoever (other then with and for ready money) or shall Bet on the Sides or hands of such as do, or shall play thereat, and shall lose any sum or sums of money, or other thing or things so played for, exceeding the sum of One hundred pounds at any one time or meeting, upon Ticket or Credit or otherwise, and shall not pay down the same at the time when he or they shall so lose the same, The party and parties who loseth or shall lose the said moneys, or other thing or things so played or to be played for, above the said sum of One hundred pounds, shall not in that case be bound, or compellable to pay or make good the same; but the Contract and Contracts for the same, and for every part thereof, and all and singular judgements, Statutes, Recognizances, Mortgages, Conveyances, Assurances, Bonds, Bills, Specialties, Promises, Covenants, Agréements and other Acts, Deeds and Securities whatsoever, which shall be obtained, made, given, acknowledged or entered into for security or satisfaction, of, or for the same, or any part thereof, shall be utterly void and of none effect: And that the person or persons so winning the said moneys, or other things, The Penalty. shall forfeit and lose triple the value of all such sum and sums of money, or other thing and things which he shall so win, gain, obtain, or acquire, above the said sum of One hundred pounds, the one moiety thereof to our said Sovereign Lord the King, his Heirs and Successors; and the other moiety thereof to such person or persons as shall prosecute, or sue for the same within one year next after the time of such offence committed; And to be sued for by Action of Debt, Bill, Plaint, or Information in any of his Majesty's Courts of Record at Westminster, wherein no Essoign, Protection or Wager of Law shall be allowed. And that every such Plaintiff or Plaintiffs, Informer or Informers shall, in every such suit and prosecution, have and receive his treble Costs against the person and persons offending and forfeiting as aforesaid; Any Law, Custom, or Usage to the contrary notwithstanding. CAP. VIII. A former Act for Regulating the Press, Continued. BE it Enacted by the Kings most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons in this present Parliament Assembled, That an Act made in the Fourtéenth year of the Reign of Our Sovereign Lord the King that now is, entitled, An Act for preventing the frequent abuses in Printing Seditious, Treasonable, 14 Car. 2 cap. 3. and unlicensed Books and Pamphlets, and for Regulating of Printing, and Printing-Presses, shall be continued and remain in force until the end of the next Session of Parliament. 16 & 17 Car. 2. cap. 7. Anno XVI. & XVII. Caroli II. Regis. CAP. I. A Royal Aid unto the King's 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. WE Your Majesty's most Dutiful and Loyal Subjects the Commons Assembled in Parliament, taking into consideration the great and apparent Dangers which now threaten this Kingdom; and that for prevention thereof, Your Majesty hath found Yourself obliged to Equip and Set out to Sea a Royal Navy for the preservation of Your Majesty's ancient and undoubted Sovereignty and Dominion in the Seas, and the Trade of Your Majesty's Subjects; And having duly weighed and considered the several ways and means by which Your Majesty hath been enforced to make these Preparations at so vast an Expense; And acknowledging with all humility and thankfulness Your Majesty's abundant Care for our preservation; and being deeply sensible of that extraordinary Charge and Expense with which Your Majesty's present Engagement ought to be supported; and of those inconveniences which must needs befall the Nation, if we should be wanting to ourselves in this so weighty and important occasion; Have cheerfully and unanimously given and granted, and do hereby give and grant unto Your most Excellent Majesty, the Sum of Twenty four hundred threescore and seventéen thousand and five hundred pounds, to be raised and levied in manner following. And do humbly beseech 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 of the Commons in this present Parliament Assembled, and by Authority of the same, That for the Righting of Your Majesty and Your Majesty's Subjects against the Dutch, the Sum of Twenty four hundred threescore and seventéen thousand and five hundred pounds shall be raised, levied and paid unto Your Majesty within the space of three years in manner following, that is to say, the sum of Threescore and eight thousand eight hundred and ninetéen pounds and nine shillings by the Month, for thirty six Months, beginning from the Five and twentieth day of December, One thousand six hundred sixty four, shall be assessed, taxed, collected, levied and paid by twelve quarterly payments, in the several Counties, Cities, Burroughs, Towns and places within England and Wales, and the Town of Berwick upon Tweed, according to the several rules and proportions, and in such manner as is hereafter expressed: That is to say, For every Month of the said Thirty six Months, For the County of Bedford, the sum of Eight hundred ninety six pounds seventéen shillings and nine pence. The County of Berks, the sum of One thousand One hundred thirty two pounds six shillings and seven pence. The County of Bucks, the sum of One thousand three hundred and fifteen pounds six shillings and five pence. The County of Cambridge, the sum of One thousand and twenty pounds. The Isle of Ely, the sum of Three hundred forty nine pounds seventéen shillings and eleven pence. The County of Chester, with the City and County of the City of Chester, the sum of Eight hundred and one pounds five shillings and six pence. The County of Cornwall, the sum of One thousand five hundred and forty pounds eighteen shillings and three pence. The County of Cumberland, the sum of One hundred sixty eight pounds six shillings and a penny. The County of Derby, the sum of Eight hundred sixty two pounds eight shillings and four pence. The County of Devon, the sum of Three thousand two hundred twenty nine pounds ninetéen shillings and two pence. The City and County of the City of Exon, the sum of One hundred and sixtéen pounds seven shillings and four pence. The County of Dorset, the sum of One thousand three hundred forty four pounds ten shillings and five pence. The Town and County of Pool, the sum of Ten pounds ninetéen shillings and eight pence. The County of Durham, the sum of Three hundred twenty three pounds sixtéen shillings and nine pence. The County of York, with the City and County of the City of York, and Town and County of Kingston upon Hull, the sum of One thousand four hundred sixty nine pounds five shillings and two pence. The County of Essex, the sum of Three thousand ninety eight pounds eight shillings and ten pence. The County of Gloucester, the sum of One thousand eight hundred and eight pounds ten shillings and three pence. The City and County of the City of Gloucester, the sum of Thirty nine pounds eight shillings. The County of Hereford, the sum of One thousand one hundred thirty one pounds thirtéen shillings and four pence. The County of Hertford, the sum of One thousand three hundred forty five pounds sixtéen shillings and three pence. The County of Huntingdon, the sum of Six hundred thirty three pounds fourtéen shillings and two pence. The County of Kent, with the City and County of the City of Canterbury, the sum of Three thousand three hundred twenty six pounds eighteen shillings and eight pence. The County of Lancaster, the sum of One thousand and six pounds thirtéen shillings and six pence. The County of Leicester, the sum of One thousand eighty four pounds fourtéen shillings and three pence. The County of Lincoln, with the City and County of the City of Lincoln, the sum of Two thousand five hundred seventy five pounds two shillings. The City of London, with the Liberty of S. martin's le grand, the sum of Five thousand ninety one pounds eleven shillings and four pence. The County of Middlesex, with the City and Liberty of Westminster, the sum of Two thousand two hundred and forty pounds ten shillings. The County of Monmouth, the sum of Three hundred and ninety pounds. The County of Northampton, the sum of One thousand four hundred and thirtéen pounds eighteen shillings and two pence. The County of Nottingham, with the Town and County of the Town of Nottingham, the sum of Eight hundred seventy three pounds eight shillings. The County of Norfolk, the sum of Three thousand three hundred seventy pounds twelve shillings. The City and County of the City of Norwich, the sum of One hundred and eighty pounds. The County of Northumberland, with the Towns of Newcastle and Berwick upon Tweed, the sum of Three hundred seventy two pounds fifteen shillings and eight pence. The County of Oxon, the sum of Eleven hundred thirty five pounds ten shillings and eight pence. The County of Rutland, the sum of Two hundred and forty pounds eight shillings and eleven pence. The County of Salop, the sum of One thousand two hundred and three pounds fourtéen shillings and two pence. The County of Stafford, the sum of Eight hundred fifty two pounds eleven shillings and eight pence. The City and County of the City of Litchfield, the sum of Thirtéen pounds. The County of Somerset, the sum of Two thousand seven hundred seventy one pound ten shillings and eight pence. The City and County of the City of Bristol, the sum of One hundred ninety nine pounds eight shillings and four pence. The County of Southampton, with the Town and County of Southampton, and Isle of Wight, the sum of Two thousand one hundred eighty nine pounds eight shillings and eight pence. The County of Suffolk, the sum of Three thousand two hundred ninety eight pounds ten shillings and eight pence. The County of Surry, with the Burrow of Southwark, the sum of One thousand five hundred ninety seven pound and two pence. The County of Sussex, the sum of One thousand eight hundred twenty one pounds seven shillings and nine pence. The County of Warwick, with the City and County of the City of Coventry, the sum of One thousand one hundred ninety two pounds eight shillings and nine pence. The County of Worcester, the sum of One thousand fifty three pounds and ninetéen shillings. The City and County of the City of Worcester, the sum of Fifty five pounds nine shillings and six pence. The County of Wilts, the sum of One thousand nine hundred sixty six pounds seventéen shillings and seven pence. The County of Westmoreland the sum of One hundred and sixtéen pounds. The Isle of Anglesey, the sum of One hundred twenty five pounds thirtéen shillings and eight pence. The County of Brecknock, the sum of Two hundred eighty two pounds ten shillings and five pence halfpenny. The County of Cardigan, the sum of One hundred and five pounds fifteen shillings and nine pence halfpenny. The County of Carmarthen the sum of Two hundred seventy two pounds six shillings and eight pence. The County of Carnarvan the sum of One hundred forty six pounds twelve shillings and two pence. The County of Denbigh the sum of Two hundred twenty three pounds ten shillings and seven pence. The County of Flint the sum of One hundred and eighteen pounds seventéen shillings and four pence. The County of Glamorgan the sum of Three hundred seventy eight pounds seventéen shillings and ten pence. The County of Merioneth the sum of One hundred pounds sixtéen shillings and a penny. The County of Mountgomery the sum of Two hundred seventy six pounds twelve shillings and two pence. The County of Pembroke the sum of Three hundred twenty six pounds and ten shillings. The County of Radnor the sum of One hundred seventy four pounds six shillings and eight pence. The Town of Haverford West the sum of Fifteen pounds three shillings and five pence. And be it further Enacted by the Authority aforesaid, That all and every the persons hereafter named shall be Commissioners of and for the several and respective Counties, Cities, Burroughs, Towns and places hereafter named; that is to say, Bedford. For the County of Bedford, William Russel Esquire, Sir Beauchampe St. John Knight, Sir Samuel Brown Knight, one of the justices of the Common Pleas, Sir John Keeling Knight, one of the justices of the King's Bench, Sir John Cotton, Sir Lodowick Dyer, Sir John Napler, Sir Roger Burgoine, Sir Thomas Alstone, Sir Humphrey Winch, Sir Humphrey Monox, Sir St. John Charnock, Baronet's, Sir Henry Chester Knight of the Bath, Sir Will. Fleetwood, Sir Will. Palmer of Warden-street, Sir Will. Palmer of Hill, Sir John Duncombe, Sir William Beecher, Sir Edward Cater, Sir George Blundel, sir Clement Armiger, sir John Huxley, Knights; Pawlet St. John, Richard Tailor, Stephen Anderson, Will. Spencer, Oliver Luke, Francis Crawley, St. John Thompson, Thomas Snagg, William Boteler, John Keeling, John Osbourne, John Vaux, John Alston, John Coppen, Francis Wingate, William Gerey, Walter Carey, Francis Dive, William Franklin, George Wyan, Gaius Squire, James Montague, Samuel Cotton, John Neale, John Cockane, Thomas Cheyne, John Ventris, Robert Crompton, Thomas Rolt, Robert Audley, Matthew Denton, Simon Grey, Matthew Dennis, William Foster, Richard Orlibee the elder, Thomas Cobb, Jasper Edward's, Samuel Bedford, Esquires. For the Town of Bedford. The Mayor of Bedford for the time being, William Russel Esquire, Sir Humphrey Winch, Sir John Napier, Baronet's; Pawlet St. John, Richard Tailor, William Foster, John Gardiner, Esquires; Thomas Cristy, William Rifely, Simon Becket, Robert Beverley, William Scot, John Beaumond, Thomas Fitzhugh, Alderman Crawley, Richard Elmes, John Cobb and John Spencer the elder, Gentlemen. Berks. For the County of Berks, Charles Earl of Ancram in the Kingdom of Scotland, Sir George Cartwright, Baronet, Vice-Chamberlain to his Majesty; John Lovelace, Esquire; Sir George Stonehouse, Sir George Prat, Sir Richard Braham, Sir Thomas Draper, Sir Thomas Rich, Sir Henry Winchcomb, Sir William Backhouse, Sir Anthony Craven, Sir Caesar Colclough, Sir John Fettyplace, Sir Thomas Clergys, Baronet's; Sir Richard paul Knight of the Bath, Sir Edmond Sawyer, Sir Robert Pie, Sir William Armorer, Sir Thomas Dolman, Sir John Davis, Sir Richard Bishop, Knights; Richard Nevil, Humphrey Hyde, Richard Harrison, William Barker, George Purifoy, Peregrin Hobby, Robert Packer, Richard Aldworth, Thomas Fettiplace, George Fettiplace, John Harrison, Anthony Barker, Henry Procter, John Blagrave, Francis Piggot, Hungerford Dunch, William Trumbal, William Dormar, John Elwes, Thomas Garret, John Southby, William Wilmot, William James, William Barker of Hurst, Edward Keale, William Nelson, Hartgell Baron, Richard Jones, William Tayler, Edward Dalby, Paul Calton, Thomas Sanders, Charles Whitacre, Humphrey Hid signior of Hurst, Humphrey Hid junior of Kingston, Edward Hobby, Richard Palmer, John Hartsey, Esquires; William Offley Doctor in Laws, Francis Hungerford Doctor of Physic, William Hamersley, George Blagrave, John Kendrick, John Allen, Robert Leigh, Nicholas Hid, Peregrin Wilcox, Thomas Southby, William Langton, John Due, Francis Peacock, Michael Mallet, Henry Murrey, Esquires; john Peacock, Robert Goston, James Heron, Philip Weston, Henry Barker, john Powney, Roger Draper, Richard Lovelace, William Hussey, Roger Knight, Charles Pierce, Richard Punt Gentleman, the Mayor of Reading for the time being; the Mayor of Abington for the time being, the Mayor of Newbury for the time being; the Mayor of Windsor for the time being; the Mayor of Wallingford for the time being. Bucks. For the County of Bucks, Charles Earl of Ancram in the Kingdom of Scotland, Philip Lord Wainman Viscount Tuam in the Kingdom of Ireland, James Herbert Esquire, Sir Thomas Tirrel one of the justices of the Common Pleas, Sir Richard Temple Knight of the Bath and Baronet, Sir Toby Tyrrel, Sir John Burlace, Sir Anthony Chester, Sir Thomas Proby, Sir William Bowyer, sir William Smith, sir Ralph Varney, sir William Drake, sir Thomas Hampson, sir Henry Andrews, sir John Croke Baronet's; Sir William Tyrringham, sir Richard Ingoldsby, sir Robert Gayer Knights of the Bath; Sir Edmond Pie Knight and Baronet, sir Thomas Lee, sir Richard Napper, sir Richard Pigget, sir Henry Herbert, sir John Dormer, sir Thomas Cleyton, sir Robert Croke, Sir Thomas Clergies, Sir George Tash, Knights; William Fleetwood, Charles Cheyne, Edmond Waller signior, Edmond Waller junior, William Penn, Edmond West, Brett Norton, Thomas Duncombe, Thomas Hackett, William Lane, John Eglestone, Richard Barringer, Edward Nicholas, Thomas Farrers signior, Caesar Cranmore, Thomas Risley, Roger Price, Peter Dorrel, Thomas Saunders, Francis Ingoldsby, Edmond Dorrel, George Russel, Richard Winwood, Richard Greenvile, Robert Scawen, Bud Wase, Thomas Tirrel, Robert Napper, Edmond Hampden, john Clark, Robert Croke, Richard Hampden, William Burlace, Bazil Brent, William Hill, Thomas Farrer junior, Ambrose Bennet, James Low, Thomas Stafford, Robert Levet, Charles Do, Robert Tompkins, Bernard Tourney, Thomas Egleton, Robert Dormer, Francis Tyrringham, George Wyan, William Cleaver, William Abraham, Captain Robert Style, John Grub, Esquires; john Green, Henry Allnot, James Perrat, George Gosnal Gentlemen, the Bailiff of Buckingham for the time being, John Risley, Roger Price, Peter Dorrel junior, Esquires; John Smith, William Lambert, and John Tournour, Gentlemen. Cambridge. For the County of Cambridge, William Lord Allington of the Kingdom of Ireland, Sir Dudley North Knight of the Bath, Sir Thomas Hatton, Sir John Cotton, Sir Thomas Willis, Sir John Cutts, Sir George Downeing Baronet's; Sir Thomas Wendy Knight of the Bath, Sir Thomas Dayrel, Sir Isaac Thornton, Sir Robert Cotton Knights, Thomas Chichley, Levinus Bennet, John Millicent, Samuel Fortrey, Thomas Storey, Thomas Ducket, William Sayer, Humphrey Gardner, George Pepis, Thomas Dodd, Mildmay Dowman, Jeoffrey Nightingale, William Aloff, _____ Pike, Thomas Bucke, _____ Dalton, John Bing, Thomas Martin and William Legate, Esquires. For the University and Town of Cambridge, the Vicechancellor, the Mayor for the time being, William Lord Allington of the Kingdom of Ireland, Theophilus Dillingham, James Fleetwood, Richard Minshal, Doctors of Divinity, Robert King Doctor of the Laws, Thomas Crouch, Clement Nevile Esquires; Roger Pepis Esquire, Recorder, Samuel Spalding, John Ewen, William Wells, John Herring Aldermen, Sir Thomas Slater Baronet, Robert Eade, Edward Stoyte, Doctors of Physic, and Nicholas Jacob Esquire. Isle of Ely. For the Isle of Ely, Richard Lord Gorges of the Kingdom of Ireland, William Colvile, Thomas March, Matthew Wren, Charles Wren, Edward Partherich, William Fisher, Thomas Steward, Robert Steward, Henry Hitch Doctor of Law, Robert Balam, Thomas castle, Laurence Oxborough, John Towers, Anthony Backworth, John Child junior, William Balam, Thomas Edwards, William March, Michael Holman, Matthew Taylor, Roger Jenings, and John Delavall Esquires. Chester. For the County of Chester, Robert Lord Cholmundeley of the Kingdom of Ireland, William Lord Brereton of the Kingdom of Ireland, Sir Thomas Delves, Sir Willoughby Aston, Sir Thomas Powel, Sir George Warberton, Sir Peter Leicester, Sir Thomas Manwaring, Sir Thomas Smith junior, Sir John Bellet, Sir Peter Pindor, Sir Richard Brooks, Sir William Stanley Baronet's, Sir John Booth, Sir Philip Egerton, Sir Peter Brooks, Sir John Ardern, Sir Robert Cotton, Sir Foulk Lucy, Sir Jeoffrey Shakerley Knights, Peter Venables Baron of Kinderton, Thomas Needham, Thomas Cholmundeley, George Vernon, Robert Patton, Henry Bunbury, Henry Leigh, Thomas Leigh of Adlington, Richard Leigh of Lyme, John Crew of Crew, Thomas Marbury, Edward Warren, Edward Leigh, Edward Hyde, John Crew of Utkinton, Roger Wilbraham, Nathaniel Booth, Peter Dutton, John Daniel, Randel Dodd, John Leech, Richard Wathal, Edward Glegg, Roger King, John Davenport of Widford, Thomas Glazier, Somerford Oldfeild, Edward Swettenham, Peers Legh, John Ward, Ralph Wilbraham, William Brock, John Hulstone, John Shalcrosse, Edward Downs of Worth, Ralph Baskerfeild of Winnington, and Thomas Ley Esquires. City of Chester. For the City and County of the City of Chester, The Mayor for the time being, Sir Thomas Smith Baronet, Sir Thomas Smith Knight, Richard Leiveing Esquire, Recorder of Chester, John Radcliff Esquire, Thomas Throppe, William Crumpton, Thomas Cook Cowper, William Street and _____ Ince Aldermen. Cornwall. For the County of Cornwall, Sir William Morice Principal Secretary of State, Robert Robertes, Hender Robertes, Esquires; Sir Chichester Wrey, Sir John Trelawney Knights and Baronet's; Sir John Carew Baronet, Sir Edward Vivian Knight and Baronet, Sir John Coryton, Sir William Godolphin, Baronet's; Sir Francis Godolphin, Sir Richard Edgecombe, Sir Nicholas Slanning, Knights of the Bath; Sir Peter Killigrew, Sir Peter Courtney, Sir John Arundle, Sir Samuel Coswarth, Sir James Smith, Sir Walter Moil, Knights; Henry Seymour, Jonathan Trelawney, Richard Arundle, Pearce Edgecombe, Hugh Boscawen, Francis Buller, Charles Trevanion, Charles Roscarrock, John Specket, John eliot, John Tanner, Francis Edgecombe, Nathaniel Moyle, Bernard Greenvile, John Trelawney, William Pendarvis, William Scawen, William Trevisa, William Bond, Edward Boscawen, Christopher Cook, Nicholas Glyn, Thomas Herle, Viol Vivian, James Praed, John Jonock, Samuel Trelawnye, John St. Aubin, John Nichols of Trewane, John nicol of Littlewood, Arthur Fortescue, John Vivian, Oliver Saul, William Mohun, Hannibal Bugins, Lewis Tremane, Richard Hawkes, Colan Blewett, John Bleigh, Henry Spoure signior, Jonathan Rashley signior, Jonathan Rashley junior, John Rashley, Robert Hoblin, Christopher Bond, Thomas Burell, Thomas Robinson, John Thomas, Richard Erisey, Christopher Harris, Francis Grigger, Humphrey Courtney, John Buller, Charles Boscawen, Robert Scawen, Thomas Waddon, Tristram Arscott, William Cotton, Edward Nosworthy, George Heale, John Polwheele, Digory Polwheele, Nicholas Arundle, John Arundle of Sythney, Hugh Jones, John Penrose, Edmond Prideaux, Joseph Tredinnam, James Bond, William Godolphin, Edward eliot, Richard Hoblyn, Richard Pendarvis, Hugh Trevanion junior, Nathaniel Trevanion, Francis Penrose, John Fowel, Ezekiel Arundle, Richard Rouse, Walter Kendal, John Kendal, Walter Langdon signior, Walter Langdon junior, john Battersbye, Henry Spoure signior, Joseph nichols, Charles Grills, Arthur Sprye, John Vacye, William Sprye, Francis Calmadie, Humphrey Noye, John Harris, Edward Harris, Nicholas Courtney, Thomas Achim, William Painter, Thomas Hawkey, Andrew Corye, Michael Hill of Wendron, John Carnesewe, Samuel Ennis, John Kestell, Thomas Trefrie, Michael Vivian, Anthony Chinoweth, Francis Burges, Richard Carter, John Silly, Richard Tippet, Thomas Carew, Christopher Billet, Chamon Greenvile, Samuel Langford, Reynald Hawkey, Walter Vincent, James Robins, Humphrey Burlace, Francis Lutterel and James Eresy, Esquires; the Mayor of Truro for the time being, Martin Madrin, Gent. Cumberland. For the County of Cumberland, Edward Lord Morpeth, Son and Heir apparent to Charles Earl of Carlisle, Sir Philip Musgrave, Sir William Dalston, Sir George Fletcher, Sir John Lowther signior, Sir John Lowther junior, Sir Edward Musgrave Baronet's, Sir Thomas Dacres, Sir William Hudlestone, Sir Wilfred Lawson, Sir William Carleton, Sir Philip Howard, Sir Francis Salkeld, Sir John Dalston Knights, John Lamplough, Richard Skelton, William Musgrave, William Layton, Christopher Musgrave, John Agleonby, Robert Scawen, George Denton, Thomas Denton, Richard Towlson, Andrew Hudleston, Robert Highmour, George Towry, and the Mayor of Carlisle for the time being, Daniel Fleming, Edward Stanley, William Pennington, Wrightington Senhouse, Esquires. Derby. For the County of Derby, Henry Viscount Mansfield, Son and heir apparent to William Marquis of Newcastle; William Lord Cavendish, son and heir apparent to William Earl of Devonshire, Anchitell Grey, George Pierpoint, Esquires; Sir Thomas Gresley, Sir Francis Burdet, Sir John Harper, Sir John Curson, Sir Edward Cook, Sir Henry Every, Sir William Boothby Baronet's, Sir John Harper, Sir Samuel Sleigh Knights, John Frechveille, Germane Pool, John Ferrer, George Vernon, Charles Agard, John Monday, Richard Cook, John Milward, William Fitzherbert, Charles Cotton, Walter Horton, Gilbert Hacker, Henry Gilbert, Robert Eyre, William Revel, Godfrey Clark, William Bullock, William Woolly, Nicholas Wilmot, john Shalcross, Ravel Ashenhurst, Francis Mennel, Thomas Milward, George Sitwel, Henry Wigfall, James Abnye Esquires; George Tailor, john Spaleman, William Wright, Francis Barker Gentleman; the Mayor of Derby for the time being, Roger Allestre, john Dalton, Simon Degg, Hugh Bateman, Esquires; john Shore Doctor of Physic; Thomas Freeman Gent. Mr. Charles Agard of Foston, and john Daundridge Alderman. Devon. For the County of Devon, Arthur Earl of Donegal in the Kingdom of Ireland, Sir Hugh Pollard Baronet, controller of his Majesty's Household, Sir George Carteret Vice-Chamberlain of his Majesty's Household, Sir William Morice Principal Secretary of State, Sir William Courtney Baronet, John Ashburnham Esquire, Sir Edward Seymour, Sir George Chudleigh, Sir Peter Prideaux, Sir Thomas Helena, Sir Chichester Wrey, Sir Courtney Pool, Sir Coplestone Bampfield, Sir John Norcote, Sir John Chichester, Sir Edmund Fowel, Sir William Morice, Sir John Drake, Sir Thomas Carew, Sir John Davy, Sir Walter Young, Sir Edmund Fortescue, Baronet's; Sir Edward Wise, Sir John roll, Sir Edward Hungerford, Sir Nicholas Slaning Knights of the Bath; Sir John Chichester, Sir Henry Carew, Sir Richard Prideaux, Sir Peter Ball, Sir James Smith, Sir Robert Cary, Sir William Strode, Sir Thomas Clifford, Sir Thomas higgon's, Sir John Skelton, Knights; Edward Seymour, Peter Prideaux, John Fowel, Pierce Edgecomb, Arthur Basset, Thomas Fulford, Francis Drew, Robert Fortescue, John Carew of Studly, Edmund Tremain, John Harris, John Gifford of Brightly, George Yeo, Thomas Carew of Bowghill, John Bury, John Pollarde, Richard Cabel, John Arscott, Nicholas Duck, George Howard, Jonathan Spark, Henry Ford, Robert Duke, Matthew Helena, John Hale, William Bastard, William Martin, Samuel Trelawny, George Reynalds, Henry Northleigh, Nicholas Dennis, Josias Calmady, Richard Coffin, Edmund Waldrond, Thomas Bear, William Walrond, John Davy of Ruxford, John Young of Coalbrook, Samuel Sainthil, Henry Stevens, Henry Newt, John Tanner, John Willoughby, John Tuckfield, Peter Fortescue, Christopher Clobery, Shilston Calmady, John Kelland, Thomas Reynolds, Thomas Gibbons, Balthasar Bear, James Clifford, John Fownes, William Bogan, James Rodde, Esquires; the High Sheriff of Devon for the time being, and the Mayors of Totnes, Barnstable, Plymouth, Dartmouth and Tiverton for the time being. City of Exon. For the City and County of the City of Exon, Allen Senny Mayor, the Mayor for the time being, Sir Peter Ball Recorder, Sir James Smith Knight, Robert Walker Esquire; John Martin, Christopher Lethbridge, Henry Gaudy, John Butler, Anthony Salter, Aldermen; the Sheriff for the time being, Nicholas Isaac, John Acland, Thomas Walker, Stephen Oliphue, John Gibbons Merchants; John Bidgood Doctor of Physic; Henry Walker, Thomas Shapcot, Samuel Isaac Gentlemen; and the Receiver of the City for the time being. Dorset. For the County of Dorset, John Lord Digby, Son and Heir apparent to George Earl of Bristol; Sir Edward Nicholas one of His Majesty's most Honourable Privy Council, Sir William Portman Knight and Baronet, Sir John Morton, Sir Gerard Naper Baronet's; Sir Richard Strode, Sir John Strangwayes; Sir Walter Earl, sir Ralph B●ncks, sir Francis Hollis, Knights; sir John Nicholas Knight of the Bath, sir John Fitz-James, sir John Rogers, sir Nathaniel Napper, Knights; Giles Strangwayes Esquire, sir John Strode, sir John Lowe●, sir Winston Churchil, Knights; Hugh Wyndham Sergeant at Law, Thomas Freak of Shroton, John Strangwayes, John Tregonwel of Milton, John Tregonwel of Anderson, Thomas Trenchard, Thomas Fownes, Humphrey Bishop, John Rives of Damree, John Churchill, James Gould, Henry Witaker, Bullen Reymes, Henry Henly, Robert Swayne Sheriff, Robert Coker, Edward Hooper, George Fulford, Robert Laurence, Thomas Baynard, Henry Egers, Henry Hastings, Esquires; Colonel Francis Wyndham, Matthew Davis, John Rieves, William Thomas, John Hoskins, George Hussey, Robert Naper, William Ogden, Henry Butler, George Savage, John Saintlow, George Grace, Robert Seymour, Maximilian Mohun, George Browne, Wolley Miller, Anthony Etricke, Michael Harvey, George Trenchard, Robert Tyderligh, William Floyer, John Ironside, John Gould of Upway, John Michael, Peter Hoskins, John Abington, John Jeffery, George Strangways, john Harden, john Every, Arthur Fooks, John Hardy, William Ellesden, Thomas Hussey, Thomas Thornex, Richard Green, George Style, William Chaldecot, George Johnson, John Bennet, and John Runnet, Esquires. Poole. For the Town and County of Pool, sir John Morton Baronet, sir John Fitz-James Knight, Anthony Etrick Esquire, Recorder; Peter Hall, Major William Skut, Robert Lewen, Gentlemen; Robert Cleeves, Peter Hily, Edward Man, and Samuel Bramble. Durham. For the County Palatine of Durham, sir Thomas Davison, High Sheriff of the County; sir Francis Goodrick, Temporal Chancellor of the County Palatine; Doctor Burwell, Chancellor of the Diocese of Durham; sir Christopher Conyers, sir Nicholas Cole, sir Gilbert Gerard, Knights and Baronet's; sir James Clavering Baronet, sir Francis Anderson, sir William Blakiston, Knights; John Heath, john Swinburn, john Tempest, Ralph Carr, Esquires; Baron Hilton, Henry Lambton Esquire, james Darcy, john Eden, Colonel Anthony Bierley, Ralph Davison, Ralph Cole, Major Bellasis, Samuel Davison, Cuthbert Carr, William Blakiston, Thomas Shalforth, Charles Gerrard, Thomas Fetherstonhaugh, Lodowick Hall, Esquires, The Mayor of the City of Durham for the time being; Thomas Swinburne Esquire, Gabriel jackson, john Morland, john Arden, Miles Stapleton, Gentleman, and Captain Henry Barnes, Thomas Haggerston, Esquire, and john Grey of Moreton Gent. for Norham and Islandshire. Essex. For the County of Essex, Sir Edward Turner Knight, Speaker of the House of Commons, Sir Harbotle Grimstone Baronet, Master of the Rolls, Robert Lord Willoughby of Earsbie, Son and Heir apparent to Montague Earl of Lindsey, Lord Great Chamberlain of England, Robert B●tie, Edward Russel, Bannestre Maynard, Esquires; Sir John Barrington Knight and Baronet, Sir Henry Appleton, Sir William Ailoffe, Sir William Hicks, Sir Andrew Jennour, Sir William Wiseman, Sir Richard Everard, Baronet's; Sir Capel Luckin Knight and Baronet, Sir Martin Lumley Baronet, Sir Thomas Abdy, Sir Robert Abdy, Sir William Wiseman, Knights and Baronet's, Sir Thomas Smith, Sir Thomas Cambel Baronet's, Sir James Altham, Sir John Bramstone Knights of the Bath; Sir John Tyrel, Sir Erasmus Delafontain, Sir Thomas Bowes, Sir Cranmer Herris, Sir Henry Clarke, Sir Edmond Pierce one of the Masters of the Chancery, Sir Anthony Brown, Sir Richard Wiseman, Sir William Battin, Sir John Shaw, Sir Robert Brooke, sir Richard Everard, sir Thomas Littleton, sir Robert Barington, sir Thomas Gardner, sir Moundeford Br●mstone, sir William Glascock, two of the Masters of the Chancery, sir Thomas Fanshaw, sir Thomas Bide, sir William Hicks, sir Edward Beaucock Knights; John Bendish, Charles Fytche, Gamaliel Capel, Richard Samms, Thomas Meade, Peter Soame, John Tyrrel, Thomas Arg●l, Oliver Reymond, John Atwood, Henry Woolaston, Henry Pert, John Eldred signior, John Eldred junior, John Paschall, John Godbolt, Robert Joselyn, William Glascock, Tristram Conyers, Thomas Luther, William Umphrevil, Thomas Roberts, John James, George Pert, William Colecroft, William Webb, Robert Leigh, William Appleton, John berner's, Robert Clerk, John Turner, Richard Kirkby, Carew Harvy Mildmay, Robert Cheek, Francis Bramstone, Edward Bullock, Stephen Smith, Robert Mildmay, Henry Weight, Gilbert Pierce, _____ Hare of Lee, James Norfolk, Cuthbert Martin, Thomas Talcot, Esquires; Philip Eldred, Henry Ailoff, George James, Thomas King, William Harris, John Thorowgood, William Palmer, Richard Stanss, Alexander Prescot, Thomas Legate, John Sorrel, Edward Glascock, William Ashley Gentlemen, Thomas Wharton, Anthony Maxie and Thomas Garret Esquires, Anthony Knightbridge of Writtle, Gent. Captain Richard Stams, sir Richard Browne Knight and Baronet, and Jeremy Lacy. Colchester. For the Town of Colchester, the Mayor for the time being, sir John Shaw Knight, Recorder, Sir Edmond Peirce Knight, Gilbert Peirce, Thomas Talcot Esquires, Thomas Reynalds, Andrew Fromanteel, Henry Lamb, Robert Legg, William Moor Aldermen, John Robinson, George Sandford, James Norfolk Esquires, and Thomas Creffeild Alderman. Maldon. For the Town of Maldon, The Bailiffs for the time being, Reuben Robinson, Samuel Plumbe, Francis Gourney, James Starling, John Hart Aldermen, and Bartholomew Brickwood. Harwich. For the Town of Harwich, The Mayor for the time being, Sir Capel Luckin Baronet, George Colman, Richard Fuller, Henry Wright, Aldermen, _____ Gerard, Daniel Smith, Thomas King, Anthony Woolward, Samuel Newton and Miles Hobart Gentlemen. Gloucester. For the County of Gloucester, Henry Lord Herbert of Ragland, son and heir apparent to Edward Marquis of Wo●cester, James Earl of Newburgh in the Kingdom of Scotland, John Viscount Scudamore of the Kingdom of Ireland, John Viscount Tracy of the Kingdom of Ireland, Sir Matthew Hal● Knight, Lord Chief Baron of His Majesty's Court of Exchequer, Sir Henry Capell Knight of the Bath, sir Bainham Throckmorton Knight and Baronet, sir Henry Frederick Thynne, sir William Ducy, sir Richard Ashfeild, sir Edward Bathurst, sir Robert Jenkinson, sir John whither, sir Christopher Guise, sir Edward Fulse, sir William Keyte, sir Richard Cox, Baronet's; sir William Moreton Knight, one of His Majesty's Sergeants at Law, sir Robert Po●●●, sir Robert Atkins Knights of the Bath, sir William Catchmay, sir Edward Bray, sir Edward Mas●ey, sir Thomas Stephens, Sir Thomas Overbury, Sir Gabriel Lowe, sir John Newton, sir Humphrey Hooke, sir Thomas How Knights, John Grubham How Esquire, Evan Seyes Sergeant at Law, Francis Baber Doctor of Law, George Montague, William Dutton, William Cook, John Chamberlain, John Stephens, William Cope, John Codrington, Richard Atkins, Henry paul, William Selwyn, Duncombe Cholcester, Hen-Benedicte Hall, Thomas Masters, Thomas Escourt, John George, John Smith, Richard Stephens, William Morgan, Edward Rich, Andrew Barker, Richard Whitemore, William Stafford, John Winter, Fleetwood Dormer, Samuel Codrington, Thomas Chester, Henry Syms, Philip Shepard, Richard Sackevil, Giles Fettiplace, Thomas Thynne, Robert Pleydal, Thomas James, William Stratford, Richard Dowdeswell, Miles Rutter, Thomas Horton, Sylvanus Wood, William Leigh, Francis Norwood, David Williams, John Berrowe, Tho. Seymour, Will. Try, Will. Bourchier, Charles Cox, John Guyse, Rich. Berkley, Rich. Daston, Will. Jones, Robert Oldsworth, Richard Baugh, John Robins, Thomas Marriott, Esquires; Thomas , William Hinson, William Laurence, William Dowdeswell, Henry Browne, Robert Heydon, Nicholas Veale, John Wyniat, Thomas Walle, William Thorpe, John Driver, Conway Whitterne, William Winter, Richard Machen, John Coles, Thomas Ayleway, James Hawkins, Christopher Woodward, and the Bailiffs of Tewksbury for the time being, Anthony Sambich, William Batson, Sir John Baker Knight, William Stafford junior. City of Gloucester. For the City and County of the City of Gloucester, Henry Lord Herbert of Ragland, Son and Heir apparent of Edward Marquis of Worcester, Robert Fielding the present Mayor, and the Mayor for the time being; Sir William Morton Knight, one of His Majesty's Sergeants at Law, Recorder of the said City; Sir Edward Massey Knight, Evan Seys Sergeant at Law, John Grubham-Howe, Edward Nurse, Thomas Williams, Esquires; Henry Cugley, James Stephens, William Russel, John Powel, Thomas Yate, Thomas Price, John Woodward, Anthony Arnold, Henry Ockold, John Wagstaffe, and Henry Fowler, Aldermen. Hereford. For the County of Hereford, Henry Lord Herbert of Ragland, son and heir apparent to Edward Marquis of Worcester, John Lord Viscount Scudamore, of the Kingdom of Ireland; James Scudamore, Wallop Brabazon, Esquires; Sir James Bridges, Sir John Kerle, Sir William powel, Sir Thomas Morgan, Baronet's; Sir Thomas Hanbury Knight, Sir Edward Harley, Knight of the Bath; Sir John Scudamore Baronet, Sir Herbert Perrot Knight, Sir Edward Hopton, Sir Thomas Tomkins, Sir Job Charleton, Knights; Fitz-William Coninsby, Thomas Cornwall, Thomas Whitney, Herbert Aubrey signior, John Price signior, Thomas Price, Walter Pie, Roger Vaughan, Herbert Westfaling, Herbert Aubrey junior, John Scudamore signior, Humphrey Cornwall, John Scudamore junior, John Barnaby de Canon Pyon, Reynald Graham, Thomas Cox, Edward Cornwall, John Skippe, Bennet Hoskins, Richard Hopton, Giles Bridges, Thomas Jeers, Thomas Carpenter, John Hoskins de Harewood, Humphrey Howorth, William Gregory, Francis Unett, John Hanford, Humphrey Baskervill, John Birch, John Barnaby de Brockhampton, John Vaughon, John Booth de Hereford, Thomas Harley, Ambrose Elton, Robert Pie, Budhale Gwilline, Richard Wigmore, John Nourse, Nicholas Walwyn, William Whittington, Thomas Rod, John Booth de Braynton, Thomas Wigmor, William Westfaling, Robert Rod, Richard Reed, Timothy Coles, William bridges, Henry Milbourne, Herbert Masters, William Brome, John Dancy, John Gwyllym de Wellington, Richard Walwyn de Helen's, Humphrey Tayler de Withington, John Kidley de Bromeley, Thomas Marrer the Kings Capel, Thomas Gomond de Kilpeck, George Carver de Buthouse, Esquires; the Bailiff for the Borough of Leominster for the time being, John Tomkins, Richard Rodd de Rodd, Edward Rodd, Thomas Blaney, Edward Freeman, Thomas French and Thomas Duppa de Earsley, Esquires. City of Hereford. For the City of Hereford, Robert Simonds Esquire, the present Mayor, and the Mayor for the time being; John Lord Viscount Scudamore, in the Kingdom of Ireland, Roger Vaughan, Herbert Westfaling, Thomas Price, Esquires; William Gregory, Richard Philpots, William Philips, James Laurence, Thomas Homes, Thomas Painard, Thomas Bond, William Edwin, Aldermen, Edward Alderne Doctor of Laws, Edward Rodd, Nicholas Philpots, John Smith Mercer, Hugh Rodd, Thomas symmond's, Roger Bouleot and John Barnes, Gentlemen. Hertford. For the County of Hertford, Sir Edward Turnor, Speaker of the House of Commons, Thomas Lord Viscount Fanshaw, of the Kingdom of Ireland, Sir Thomas Fanshaw Knight of the Honourable Order of the Bath, William Cecil, Algernon Cecil, William Willoughby Esquires; Sir Harbotle Grimstone Baronet, Master of the Rolls; Sir Edward Atkins, one of the Barons of His Majesty's Court of Exchequer; Sir Thomas Leventhorp, Sir Brocket Spencer, Sir Jonathan Keat, Sir Erasmus Harby, Sir Thomas Allen, Baronet's; Sir Richard Atkins, Sir Richard Francklyne, Sir Richard Lucy, Knights and Baronet's; Sir Philip Boteler Knight of the Bath; Sir Thomas Dacres, Sir John Harrison, Sir Francis Boteler, Sir Henry Caesar, sir William Godbold, sir Rowland Litton, sir John Gore, sir Harry Coninsby, sir John Watts, sir Henry Blunt, sir Humphrey Gore, sir John Hale, sir William Glascocke, sir Robert Josceline, sir Richard Comb, sir Walter Walker, Knights; Thomas Docwra, James Willimot, Richard Goulstone, Thomas Dacres, Edward Wingate, John Copping, Arthur Bolter, Thomas Stanley, John Heydon, Robert Ashton, William Glascocke, William Hale, Arthur Sparkes, John Fotherly, _____ Crafts of Nerthall, John Halsey, William Harboured, John Jesson, Edward Atkins, William Cotton, Albon Cox, John Briscoe, Ralph Freeman signior, Robert Hobotham, Richard Jennings, Edmond Smith, Robert Sadler, Henry Chancy, Ralph Freeman junior, Humphrey Shalcross, Henry Guy, William Nuce, Thomas Offley, Henry Dunstar, Alexander Meade, Richard Gammon Esquires; Edward Cason, George Needham, Ralph Gore, Henry Becher, Marmaduke Royden, Edward Briscoe, George Bromely, John Ellis, Edmond Field, William Greenhill, Edward Crosby, Alexander Wield, Gentlemen; Captain William Minoes', Thomas Arris, Robert Dean, Doctors of Physic, and the Mayor of Hertford for the time being. St. Alban. For the Borough of St. Alban, Algernon Cecil, Esquire; Sir Harbotle Grimstone Master of the Rolls, Sir Richard Franklin, Sir Harry Conisby, Sir Richard Combe, Sir John Whittwrong, Knights; the Mayor for the time being, John Simpson Esquire, Recorder; Robert Rohotham, Edmond Smith, Thomas Docwra, Robert Sadler, Richard Jenings, William Cotton, john Jesson, Alban Cox, Esquires, Thomas Arris, Doctor of Physic; Thomas Cowley signior, Thomas Cowley junior, William Marston, Thomas Oxton, Edward Eames, john Gape, john New, and Robert New Aldermen. Huntingdon. For the County of Huntingdon, Charles Lord Le de Spencer, son and heir apparent to Mildmay Earl of Westermland, Robert Viscount Mandevil, Son and Heir apparent to Edward Earl of Manchester Lord Chamberlain of His Majesty's Household; Sir Francis Compton Knight, George Montague, Esquire; Sir John Cotton, Sir John Hewet, Sir Thomas Proby, Sir Robert Bernard, Baronet's; Stephen Anderson, John Stone, John Bernard, Henry Williams, Robert Appreece, Lyonel Walden, Nicholas Johnson, Sutton Ashfeild, Nicholas Peadley, Laurence Torkinton, John Heron, Robert Pain, Anthony South, Richard Elmes, Thomas Rouse, Richard Nailer, Jasper Trice, Gerrard Cater, John Ferrer, Richard Wyn Esquires; Thomas Colestone, Thomas Shepherd, William Sparrow, Gentleman; and Thomas Walwin Mayor of Huntingdon. Town of Huntingdon. For the Town of Huntingdon, The Mayor for the time being, Robert Viscount Mandevil, son and heir apparent to Edward Earl of Manchester, Lord Chamberlain of His Majesty's Household; Sir John Cotton, Baronet, Sir Robert Bernard, Henry William's, Lyonel Walden, Nicholas Pedley Esquires, Richard Astre, Laurence Torkington, John Barnard, Richard Weaver, Thomas Judson and James Faireside Aldermen. Kent. For the County of Kent, Charles Lord Buckhurst, son and heir apparent to Richard Earl of Dorset, Philip Viscount Strangford in the Kingdom of Ireland, James Herbert, John Tufton, Richard Tufton Esquires, Sir Thomas Twisden, One of the justices of the King's Bench, Sir Heneage Finch, His Majesty's Solicitor General, Sir Thomas Peyton, Sir Roger Twisden, Sir Edward Hales, Sir Edward Monins, Sir Henry Palmer, Sir John Rivers, sir John Sidley, Sir William Meredith, Sir Edward Deering, Sir Thomas Style, Sir Oliver Botteler, Sir Norton Knatchbull, Sir Peter Heyman, sir John Tufton, Sir John Raney, Sir Richard Hardres, Sir Henry Wood, Sir Robert Hales, Sir Bazil Dixwell, Sir William Ducy, sir Marmaduke Gresham, sir William wild, sir Stephen Leonard, sir Humphrey Miller, sir Edward Honywood, sir John Marsham, sir John Banckes, sir Robert Barnham Baronet's; sir Nathaniel powel, sir Robert Austen, sir John Seyliard, sir John Wroth, sir Jonathan Keate Baronet's; Sir George Sonds, Knight of the Bath, sir John Man's, controller of His Majesty's Navy; sir Robert Honywood, sir Anthony Aucher, sir Isaac Sydley, sir William Man, sir Thomas Godfrey, sir Richard Sandys, sir Thomas Engham, sir Arnold Braems, sir Henry Oxinden, sir Edward Master, sir George Juxon, sir William Brodnax, sir John Darrel, sir Thomas Scot, sir Francis Clerk, sir Edward Filmore, sir Thomas Culpeper, sir Theophilus Biddolph, sir Richard Betenson, sir William Leech, sir Edmond Peirce, sir William Boreman, sir Bernard Hyde, sir William Swan, sir Anthony Bateman, sir Walter Vane, sir John Heath, Attorney of the Duchy; sir Thomas Lee, sir William Hugeson, sir William de , Knights; sir William Cage, Knight, Thomas Broome, Sergeant at Law, Silas Titus, Groom of His Majesty's Bedchamber, Thomas Hardres, Recorder of the City of Canterbury, Captain John Stroude, Lieutenant of Dover Castle, John Boys of Fredvil, Richard Master, Thomas Culpeper of Hackington, Thomas Peke, Thomas crisp of Queux, Walter Braems, Thomas Brodnax, Edward Master, Thomas Turner, William Rook, John Boys of Hoade, John Best, John Cason, Henry Oxinden of Brooke, Richard Aldworth, Esquire; Doctor John Sabin, Herbert Randolph, Gentleman; Nicholas Took, Henry Thornehill, John Knatchbull, James Brockman, Maurice Diggs, Henry Deering, Edward Hales, Richard Hulse, John Nayler, Esquires; Robert Lewkenor, Peter Heymon, John Moyle, Zouch Brockman, John Nowrs, Gentlemen, Thomas Fludd, William Cage, Francis Barneham, Maximilian Dallison, Ferdinando Marsham, Demetrius James, George Curteis, Thomas Knatchbul, Richard Wilkinson, John Mum, Ralph Bufkin, Walter Franklin, Richard Marsh, Thomas English, Robert Oliver, John Smith, Thomas Harlakenden, Henry Haughton, Alabaster Fludd, Francis Twisden, Captain John Clerk, Thomas Lake, Recorder of Maidstone, Richard Duke, William Maddox, Esquires; The Mayor of Rochester for the time being, Richard Allen Recorder of Rochester, George Newman, Richard Manley, George May, Richard Head, Charles Bickerstaffe, Robert Fowler, Francis Barrel, Esquire; Stephen Alcocke signior, Thomas Manley Gentleman, Laurence Book, Thomas Brewer, Robert Masters, Samuel Boys, William Boys, Thomas Culpeper of Bedgbury, Edward Finch, John Horsemanden, Anthony Fowle, Robert Fowle, John Hugeson, John Bunce, Thomas Lambert, David Polhill, Philip Packer, George Polhill, Henry Gilburn; William Hooker, John Scott, Mark Cottle, John Hyde, Norton courteous, Robert Heath, Francis Heath, John Austin, John Evelin, William Swan, John Seyliard, Nicholas took signior, James Fortrey, Nicholas took junior, William Boothby, Christopher alanson, _____ Bevin, Thomas Manning, _____ Petley, John Bridger, _____ Farnaby, Edward Badby, John Sedley, Esquires; James Thurban Gentleman, and George Bowerman, Esquire; Sir John Henden Knight, William Campion, William Hammon, John Andrews, Edward Gulstone, Reynald Peckham Esquires; The Mayor of Sandwich for the time being, Tobias Clear, Phineas Elwood, John Verrier, Valentine Jekin, Jeoffrey Wells, Jeoffrey Saket, The Mayor of Dover for the time being, Richard Jacob, Nicholas Eton, William Eton, John Watson, John Loom, Richard Barley, Walter Brames, Esquires; The Mayor of Rumney for the time being, Robert Winill, Jeremy Stanford, Stephen Brett, Thomas Chalcross, The Mayor of Heith for the time being, John Finch, James Pashlie, The Mayor of Feversham for the time being, John Trout Esquire, John Upton, Robert Watson, Thomas Southouse, The Mayor of Tenderden for the time being, Edward Finch Esquire, Captain Plomer, Thomas Short, The Bailiff of Lydd for the time being, John Bateman, Thomas Bedingfield, Michael Childwicke, The Mayor of Folkeston for the time being, The Mayor of Fordwitch for the time being, Thomas Big, William Norton signior, Thomas Norton junior, Esquires; and John Luckin. Canterbury. For the City of Canterbury, The Mayor for the time being, Sir William Man, Sir Edward Master Knights, Thomas Hardresse Esquire, Recorder of the said City, John Best, Edward Master, Squire Beverton Esquires, William Stanley, Henry Twyman, Avery Hills and Leonard Browne Alderman. Lancaster. For the County of Lancaster, Charles Earl of Ancram in the Kingdom of Scotland, William Stanley, William Spencer, Esquires; Sir Richard Houghton, Sir George Midleton, Sir Robert Binloss, Sir Edward Stanley, Sir Edward Mosley, Sir Ralph Ashton of Whaley, Sir Ralph Ashton of Midleton Baronet's; Sir Gilbert Ireland, Sir Roger Bradsheigh, Sir Henry Slater, Sir Jeoffery Shakerley, Sir John Heath Knights; John Mollineux, Richard Kirkby, Roger Nowell, Edward Fleetwood, Henry Bainstre, William Farrington, Robert Holt, Laurence Rawstorne, Hugh Dickenson, William Radley, Nicholas Townley, John Parker, Nathaniel West, Thomas Preston, John Girlington, Daniel Fleming, Robert Rawlinson, Jeoffrey Rishton, Alexander Osbaldeston, Alexander Rigby of Middleton, John Lightbonne, Edward Rigby, Francis Lindley, Thomas Bradill, Christopher Parker, Thomas Norres, Richard Legh, Richard Penington, Richard Fleetwood of Rossall, Thomas Butler, Nicholas Mosley, John Halsted of Banckhouse, Major John Byrom, Robert Heywood, James Duckenfeild, Matthew Richardson, Peers Legh, John Entwisley, John Risley, Cuthbert Ogle, Henry Houghton, John Birch of Ordsdall, Bartholomew Hesketh, Captain Byrom, Thomas Ashton, George Hilton, Henry Porter, Thomas Caruss, William Fife, Thomas Greenehalgh, Thomas Holt junior, Roger Ke●non, William Daniel, Peter Adlington, Ambrose Ludsay, Thomas Ashurst, William Kirkby, William Banckes junior, Richard Leigh, Esquires; John Aynsworth, Thomas Leigh, Nicholas Fezackerly, Captain Brabin, Captain Longworth, Nicholas Pennington, William Wall, Seth Blackhurst, James Hodgkinson, Joseph Rigby, Luke Hodgkinson, Ralph Mercer, Alexander Woodward, Alexander Rigby of Layton, John Tatlock Gentleman; Edward Dobson Esquire; The Mayor of Wiggan for the time being, The Mayor of Lancaster for the time being, The Mayor of Leverpoole for the time being, The Mayor of Preston for the time being, John Chandler Gent. Leicester. For the County of Leicester, Thomas Lord Beaumond of the Kingdom of Ireland, John Lord Roos, son and heir apparent to John Earl of Rutland, Bennet Lord Sherard of the Kingdom of Ireland, John Grey Esquire; Sir George Villiers, Sir Erasmus de la Fountain, Sir Tho. Halford, Sir Thomas Cave, Sir Jeoffry Palmer, Sir Woolstan Dixie, Sir Henry Hudson, sir George Prettyman, Baronet's; sir William Hartop, sir John Heath Knights; John Crew, Philip Sherard, Henry Nevil, George Faunt, Tho. Menye, Matthew Babington, William noel, William Boothby, Samuel Jarvis, John Fountain, Walter Rudings, Thomas Armstone, Roger Roe, William whaley, Richard Brudenell, William Roberts, Captain Burton, William Hartop, Richard Orton, John Needham of Osbaston, John Morton, Thomas Bradgate, Richard Bradgate, William Street, William Halford, John Turvile, William Belgrave, John Needham, William Skevington, john Hackett, Thomas Stavely, George Ashby, Richard Verney, John Cave, Stanhope whaley, William Leake, john Danvers, Thomas Bennet, William Bent, Roger Smith, William Trimnel, Henry Farneham, Francis Chamberlain, Robert Barnard, john Barwel, Henry Bigland, Neale Hewett, William Cole, Esquires. Leicester. For the Borough of Leicester, William Calais Mayor of Leicester, Sir John Prittiman Baronet, Sir William Hartopp Knight, Walter Rudeings Esquire, Richard Palmer, Richard Lincoln, Alexander Coats, Thomas Freeman, Thomas Overing, Thomas Brown, Daniel Abney, John Franks, Francis Noble, Gent. and Thomas Stavely Esquire. Lincoln. For the County of Lincoln, and City and County of the City of Lincoln, George Lord Viscount Castleton of the Kingdom of Ireland, Robert Lord Willoughby of Earsbie, Son and Heir apparent to Montague Earl of Lindsey, Lord Great Chamberlain of England, William Montague, William Pierpoint, Esquires; Sir Philip Tyrwhitt, Sir Edward Barkham, Sir Humphrey Winch, Sir Henry Massingbord, Baronet's, Sir Francis Goodrick, Sir John Moreton, Sir Francis Dallison Knights; Philip Tyrwhit, Henry Fines, William Metham, Willam Marwood, George Sanderson, John Ogle, Edward Merberry Esquires; William Willoughby Esquire, Sir John Mounson signior, Sir John Bolles, Sir William Hickman, Sir Robert Dallison, Sir Edward Lake, Sir John Anderson, Baronet's; Sir John Mounson junior, Knight of the Bath, Sir Thomas Meres Knight, Charles Pelham signior, Edward Tourney signior, Cycil Turwhitt; William Godfrey; William Brownlow, George Healey, William Anderson, John Farmary of Northrop, Edward Tourney junior, John Stow, Esquires; Sir Henry Bellasis Knight of the Bath, Sir Thomas Bernardiston, Sir William Wray, Sir George Wynne Baronet's; Sir Edward Aiscough, Knights; Charles Pelham junior, Jervas' Hollis Master of Requests, William Wentworth, William Broxholme, Marmaduke Dorrel junior, William Bard, Alexander Emerson, John Nelthrop, John Boswel, Charles Newcomen Esquires; Sir Thomas Ellis Baronet, Sir Adrian Scroop Knight of the Bath, Sir Martin Lister, Sir Robert Christopher, Knights; John South, John Bolles, William Fitz-William, John Hanby, Isaac Knight, Charles Radley, William Woley, William Ballet signior, Robert Long, Thomas Ely, Dymocke Walpoole, George Osney, Henry Midlemore Esquires, Sir Francis Fane Knight of the Bath, George Sherard Esquire; Sir Thomas Hussey, Sir William Thorold, Sir John Newton, Sir Richard Rothwel, Baronet's; Sir John Walpoole, Knight; Charles Dymocke, Lewis Palmer, Anthony Thorold, Molleneux Disney, Christopher Nevil, Richard Brownlow, Thomas Ellis, William Lister, John Hobson, Richard Ryley, Thomas Petchel, Stephen Rothwel, John Wilson, Henry Stone, Anthony Williams, William Thornton, William Rivett, Esquires; Robert Laming, John Colthurst, John Trafford, Gentlemen; Sir Michael Armin, Sir John Brownlow, Sir Robert Markham, Sir William Brownlow, Sir William Trollop, Sir John Buck, Baronet's; Sir Thomas Orpe, sir Christopher Clapham Knights, Thomas Hatcher, William Stafford, Erasmus De Ligne, John Hatcher, Thomas Harrington, William Blyth, John Saunders, William Savile, Edward Skipwith, Francis Wingfield, Thomas Trollop, Adam Cleypoole, Philip Dalloe, Thomas Skipwith, William Hyde, William Trollop, William Welby, Lister Teigh, Esquires, Robert Garland Gentleman; Thomas Grantham, Peregrine Berley, sir Anthony Oldfield, Baronet, sir Henry Heron, Knight of the Bath, sir Anthony Irby, sir Robert Carr, Knights; sir William Humble Baronet; sir John Brown Knight, Thomas Thory, Thomas Hall, John Jay, Charles Skipwith, John Lockton, Esquires; Thomas Brown, Gentleman; Matthew Woolmer, Anthony Oldefield, Esquires; John Empson Esquire, Joseph Whiteing, Charles Rushworth, Samuel Jackson, Anthony Hall, Doctor Sturton, Richard Balder, Robert Bisle, William Dickinson, Gentlemen; Adlard Welby, David Bonnel, Esquires; John Jelson, Daniel Rhodes, George Caverne, Henry Morley, Israel Jackson, Gentlemen; Thomas Marham, Doctor Richer, Robert Melish, Esquires; Richard Milner Gentleman, the Mayor of the City of Lincoln for the time being, and the four signior Aldermen, viz. William Bishop, Edward Blow, Richard Wetherel, Robert Wrose; the Mayor and the three signior Aldermen of Boston, viz. John Ellis, George Slee, Samuel Beeston; the Mayors of Stamford, and Great Grimsby, and the Alderman of Grantham for the time being; Doctor Thomas Saunderson, William Perkins and Richard Leemine, Daniel Thorowgood, Richard Butcher, George Hill, Gentlemen; John Humphreys Esquire, Charles Bawds, Stephen Mason Esquire, Samuel Burton, John Wimberly, Gent. London. For the City of London, sir John Laurence, Knight, Lord Mayor, and the Lord Mayor for the time being; sir Thomas adam's, sir Richard Brown, sir Thomas Alleyn, sir John Robinson, sir William Wild Recorder, Knights and Baronet's; sir Richard Chiverton, sir John Frederick, sir Anthony Bateman, sir Thomas Soame, sir Thomas Bludworth, sir William Bolton, sir William Peake, sir William Turner, sir Richard Ford, sir Richard Reeves, sir William Thompson, sir Theophilus Biddulph, sir John Shaw, sir Wil Wale, Knights; Francis Meynel, Samuel Sterling, Robert Hanson, William Hooker, Thomas Bonfoy, Roger Hatton, Nicholas Bonfoy, John Bence, Richard Shelbury, Aldermen; and the Aldermen and Recorder of the said City for the time being; George Waterman, Charles Do, Sheriffs; and the Sheriffs for the time being; John Jones, John Jolliffe, Thomas Thurgis, Henry Dunstar, Walter Lapet, Esquires, James Abernoite. Middlesex. Sir Edward Turnor Knight, Speaker of the Honourable House of Commons, sir Thomas Ingram, Chancellor of the Duchy of Lancaster, Hugh Lord Colrain in the Kingdom of Ireland; sir Orlando Bridgman, Chief justice of the Common-Pleas, Henry Lord Cornebury, son and heir apparent to Edward Earl of Clarendon Lord Chancellor of England; Edward Russel, George Montague, Christopher Hatton, Thomas Coventry, William Montague, Robert Spencer, Henry Seymour, Esquires; sir Henry Bennet, Principal Secretary of State, John Ashburnham esquire, one of his Majesty's Bedchamber, Edward Progers esquire, one of his Majesty's Bedchamber, Thomas eliot esquire, one of his Majesty's Bedchamber, sir Harbottle Grimston Baronet, Master of the Rolls, sir Heneage Finch Knight and Baronet, his Majesty's Solicitor General, sir Gilbert Gerard, sir Thomas Fisher, sir Henry Wood, sir John Robinson, sir Jeremy Whichcot, sir William Waller, sir Richard Franklin, sir Joseph Ash, sir Reginold Foster, sir William Roberts, sir Hugh Smithson, Baronet's; sir John Brampston, sir Robert Atkins, sir John Bennet, Knights of the Bath; sir Henry Herbert, sir Thomas Allen, sir Nicholas Crisp, sir Thomas Roe, sir William Bateman, sir Lancelot Lake, sir Henry Wroth, sir Francis Gerard, sir John Glyn, sir John Maynard, sir John Heath, Attorney of the Duchy; sir Winston Churchil, sir John Cropley, sir Charles Harboured, sir Robert Hyde, Lord Chief justice of the King's Bench, sir Edmond Boyer, sir Thomas Clergies, sir James Smith, sir Ellis Leighton, sir Thomas Player junior, sir Thomas Bide, sir William Rider, sir Clifford Clifton, sir Gilbert Gerard of Harrow, sir Gilbert Gerard of St. James, sir John Nicholas, sir Philip Warwick, sir Christopher Eyres, sir John Birkenhead, one of his Majesty's Masters of Requests; sir Cycil Which, sir Robert Car, sir Edmond Barker, sir John Colliton, sir Edmond Peirce, sir Justinian Lewin, sir Thomas Escourt, sir Edward Wingfield, sir Henry Wernon, sir Paul Painter, Knights; William Ashburnham, Cofferer of his Majesty's Household; Sergeant Wynham, Sergeant Waller, Charles Cornwallis, Humphrey Weld, Francis Crawley, Edmond Waller, George Pit, Sidney Bear, John Carey, Henry Barker, John Brown, Edwin Rich, Francis Bloomer, Joseph Ayloffe, Thomas Swallow, Richard Peacock, Charles Cheyne, John Trevor, Francis Philips, Robert Jacob, William Hill, John Heydon, George Day, George Marsh, William Page, Andrew Ellis, John Page, William Meggs, Thomas Collet, Ralph Hawtry, Thomas Povey, Giles Hungerford, Thomas Lake, Richard Dunton, James Hawley, Erasmus Moise, Charles Pitfield, Thomas Kendal, Thomas Harrison, Thomas Wharton, John Jones, Henry Osborn, John Smith, William Goldsborough, Richard Abel, John Wilford, David Walter, Richard Cheney, Richard Procter, James Norfolk, John James, John Fetherley, William Northrey, John Philip's Auditor, Edmund Warcup, Roger Jennings, Robert Child, William Martial, Thomas Ardin, Jasper Churchil, Daniel Procter, John Baldwin, William Bowles, Walter B●othby, Nicholas Ranton, John Goldsmith, Henry Murrey, John Hutchinson, Edward Rich, Robert Peyton, Pawlet St. John, William Dormer, Edmond Draper, Doctor William Quarterman, esquires; sir Thomas Bird, one of the Masters of Chancery, sir Frederick Hyde Sergeant at Law; Robert Hanson, Lestrange Colthrop, esquires; sir Charles Cotterel, sir John Birkenhead, Richard Atkins, James Hambleton, one of his Majesty's Bedchamber, Edward Trussel, Maximilian Bard, William Harpham, esquires; Mr. Bathurst of Edmonton, John Layney, John Pawlet, Mr. Wood of Littleton, Mr. Roberts of Hayes, John Walker, Mr. Thomas Diconson of Hillingdon, Robert Hampton, Robert Shoredith, Gentlemen; Captain Harrington of Stains, Major John Bill, Michael Holman, Henry Row, esquires; Mr. Leigh of Greenford, Mr. Claxton of Sudbury, Mr. Brigginshal of Hayes, Mr. Chute of Wilsdon, Thomas Nevet, Mr. Farrington of Southmims, William Bockenham, John Thorp, John Norwood, John Lloyd, Gentlemen; sir Richard Napier, Robert Napier, Tho. Henshaw, Griffith Bodurda, esquires; sir Thomas Thorowgood Knight, Frederick Cornwallis, Francis Cornwallis, and Henry Murrey, Esquires. Westminster. For the City of Westminster, Thomas Lord Richardson, Baron Cramond in the Kingdom of Scotland, sir William Morrice Knight, Principal Secretary of State, sir Henry Bennet, Principal Secretary of State, sir Edward Nicholas Knight, one of his Majesty's most honourable Privy Council, George Montague esquire, sir Heneage Finch, Knight and Baronet, his Majesty's Solicitor-General; sir William Plaiters Baronet, sir Robert Long, sir Lancelot Lake, sir Robert Pie, sir Charles Harboured, sir Cycil Which, Knights; sir Edmond Pie Knight and Baronet, sir John Cotton Baronet, sir Henry Herbert, sir John Nicholas Knight of the Bath, sir Philip Warwick, sir Richard Everard, sir Edward Filmer, sir Allen Apsley, sir Henry Wood, sir Thomas M●res, sir John Talbot, sir Charles Cotterel, sir Thomas higgon's, Knights; sir Thomas Littleton Baronet, sir William Poultney Knight; sir John Bennet, Knight of the Bath, sir William Wheeler, Baronet; sir Thomas Clergies, Knight; sir John Birkenhead, one of his Majesty's Masters of Requests, sir William Clerk, sir Anthony I●by, sir Robert Howard, Knights; sir Edward Greavers Baronet, sir John Baber Knight, sir John Collaton Knight and Baronet, sir Edward Broughton Baronet, john Ashburnham, Bernard Greenvile, Stephen Fox, Cecil Tufton, john Trevor, sir Richard Oately, Reignald Graham, Doctor William Quarterman, esquires; sir Theodore le Vaux, sir Hugh Carteret, Knights; Colonel Whitley, George Pitts, Richard Newman, Mr. Dolbin, Steward of Westminster, Robert Scawen, john Browne, Thomas Povey, Richard Atkins, Richard Mason, Thomas Coppin, William Glascock, Bulleyn Reymes, Edmondbury Godfrey, Francis Lucy, Thomas Morrice, Robert Filmer, Matthew Lock, Thomas Russel, Edmond Warcup, john Sibley, Thomas Russel, Thomas bail, William Harboured, Richard Aldworth, Simon Smith, George Farewell, James Norfolk, Humphrey Wyrley, Francis Dorrington, Charles Potts, Butler Kinhead, William Hammond, Henry Perk, Francis Cornwallis, Anthony Cogan, Edward Fauconbridg, William Gape, Emery Hill, Roger Higgs, Peter Salmon Doctor of Physic; George Meryfield, Job Williams, Gentlemen; Frederick Cornwallis, Charles Cornwallis esquires; sir Thomas Byrd Knight, and John Clerk Doctor of Physic in the Strand; Andrew Ellis Esquire. Monmouth. For the County of Monmouth, Henry Lord Herbert of Ragland, Son and Heir apparent to Edward Marquis of Worcester, William Lord Herbert of Cardiff, Son and heir apparent to Philip Earl of Pembroke and Mountgomery, sir Bainham Throckmorton Knight and Baronet; sir Edward Morton, sir Trevor Williams, sir Thomas Morgan Baronet's; sir George Probert Knight; William Morgan of Tredgar, William Jones of Treowen, Thomas Lewis of St. Peer, George Probert, Edward Proger, Edmond Morgan, Charles Van, Thomas Hughes, Charles Hughes, James Herbert, Charles-Proger Herbert, Henry Morgan, William Morgan of Pencrike, William Morgan of Gray's Inn, Thomas Morgan of Penrose, Thomas Morgan of Lawromney, Herbert Evans, William Herbert, Charles Price, Walter Rumsey, William Jones of Abergeny, Henry Baker, Philip Cecil, Roger William's, Thomas William's, John Walter of Perfield, Roger Oates, Walter Prichard, John Parry, Nicholas Kemois, James Prichard, Thomas Prichard, John Grenuffe, Edmond Jones, John Arnold, Esquires; Edward William's, John Lewis, Henry Chambre, Thomas Herbert, Walter Jones, Walter Morgan, Edward Kemeis of Pertholy, Capel Hanbury, Christopher Perkins, Roger Aldey, Charles Griffith, William. William's of Lanfoist, John Rumsey, William. Jones of Lansanfreed, Gentlemen; the Mayor of the Town of Monmouth for the time being, Andrew Probert, John Gubb, Gent. Northampton. For the County of Northampton, Robert Viscount Mandevil, Son and Heir apparent to Edward Earl of Manchester, Lord Chamberlain of his Majesty's Household, Obryan Viscount Cullen of the Kingdom of Ireland, Charles Lord Le de Spencer, Son and Heir apparent to Mildmay Earl of Westmoreland, William Lord Fitz-williams' of the Kingdom of Ireland, sir Francis Compton, Knight, George Montague, Christopher Hatton, sir Tho. Crew, Rob. Spencer Esquire; sir Richard Rainsford one of the Barons of his Majesty's Exchequer; sir Jeoffrey Palmer, his Majesty's Attorney General, Will. Montague Esquire, the Queen's Attorney General; sir Justinian Isham, sir Tho. Cave, sir Hen. Yeluerton, sir Samuel Danvers, sir Edw. Nichols, sir Roger Norwich, sir John Robinson, sir Will. Dudley, sir George Buswel Baronet's; sir John Holman Baronet, sir Edw. Griffin, sir Will. Fleetwood, sir Samuel Jones, sir John Bernard, sir James Langham, sir Edw. Alstone, Knights; John Beaumond, Ferdinando Marsham, Lewis Palmer, Will. Haslewood, Henry Robinson of Cransley, Miles Fleetwood, George Clarke, Will. Stafford, Fran. Lane, Goddard Pemberton, John Brown, Thomas Chubnal, George Wake Doctor of Laws, Laurence Manley, William Chester, William Sanders, Tho. Trist, Tho. Elmes, Toby Chancey, Tho. Catesby, Richard Rainsford, Samuel Trist, William Washburne, Humphrey Orme, Maurice Tresham, William Langham, William Downhall, Philip Holman, John Cartwright, George Tresham, William Tate, Richard Kinsman, Edward Only, John Syers, Edward Harby junior, William adam's, John Colly, Richard Saltenstal, Maximilian Emersly, _____ Foxely, Edward Palmer, Robert Clerk, William Buckby, Henry edmond's, Will. Pargiter junior, Tanfield Mulso, Christopher Pickering, Bryan Janson, Walter Kirkham, Rich. Benson, Anthony Shuckburgh, Michael Woodhal, John Thornton, Richard Nailer, John Willoughby, John Bagshaw, William Warner of Lub●am, William Lisle, Christopher Thursby, Bernard Walcot, Andrew Lant, Francis Morgan, Alexander Fakins, Thomas Roan, Thomas Jennyson, William Ward, John Lynn, John Delaval, William Leavins, Francis Kirkham, Edmond Neale, Nicholas Steward, John Gardiner, John Wiseman, Esquires; The Mayor of Northampton for the time being, Thomas Thornton, John Brafield, Francis Pickmere, Joseph Sergeant, John Friend, Hatton Farmer, Joseph Hensman, John Hewes; the Mayor of Higham for the time being; the Bailiff of Daventry for the time being; the Mayor of Brackley for the time being; Henry Lucas, Samuel Clerk, Thomas Dove, John Bourn, Robert Pargiter of Gretworth, Esquires, and Richard Butler of Preston, Gentleman. Nottingham. For the County of Nottingham, and Town and County of the same, Henry Lord Viscount Mansfeild, Son and Heir apparent to William Marquis of Newcastle, Patricius Viscount Chaworth of the Kingdom of Ireland, Gilbert Lord Haughton, Son and Heir apparent to John Earl of Clare, William. Willoughby, Ancestil Grace, William. Pierepoint, Arthur Stanhop, William. Byron, Esquires; sir Jarvas Clifton Knight and Baronet, sir George Savill Baronet, sir Francis Mollineux Knight and Baronet; sir William. Hickman, sir Tho. Williamson, sir William. Willoughby, Baronet's; sir Francis Leake Knight and Baronet, sir John Digby, sir Ralph Knight, sir Clifford Clifton, Knights; Robert Pierrepoint, Anthony Eyre, John Grubham-how, William Palms, Isham Perkins, William Stanhoppe, William Cartwright, Charles Hutchinson, William. Sacheverill, Cecil Cooper, John Cooper, Will. Skeffington, Peniston whaley, Will. Herbert, Anthony Gilby, Francis Sands, Francis Stringer, Will. Clearkson, Robert Mellish, George Nevil, Arthur Waring, John Rayner, Tho. Charlton, Clifton Rhodes, Tho. Marshal, Rason Mellish, Tho. Wowen, John Moseley, Will. Byron, Esquires; Robert Thoroton Doctor of Physic, George Cam, Will. Newton, James Lane, Gentlemen; The High Sheriff of the County of Nottingham for the time being, the Mayor of Nottingham for the time being, the Bailiffs of East-Radford for the time being, and the Mayor of Newark for the time being. Norfolk. For the County of Norfolk, Sir Edward Turnor Knight, Speaker of the House of Commons, Thomas Lord Richardson Baron Cramond of the Kingdom of Scotland; Hatton Rich Esquire, sir Edmond Bacon, sir John Hobart, sir Philip Woodhouse, sir Richard Berney, sir Henry Jernegan, sir Edward Barkham, sir Nicholas le Strange, sir John Holland, sir Robert Paston, sir John Palgrave, sir Ralph Hare, sir John Potts, sir Robert Kempe, sir Jacob Astley, sir Edward Ward, sir Thomas Deerham, sir William Gaudy, sir William Cook, sir William Doyley, Baronet's; sir Miles Hobart, sir John Knyvett, sir Edward Walpoole, sir Christopher Calthorpe Knights of the Bath; sir Charles Harbard, sir John Harrison, sir Thomas Guybon, sir Allen Apsley, sir William Hovel, sir Thomas Rant, sir Joseph pain, sir Thomas Meadow, sir William Hewyt, sir Justinian Lewin, sir William Doyly, sir Robert Yallap, sir Nevil Catelyn Knights, Thomas Townshend, George Townshend, John Bladwell, Robert London, Le Strange Caltharp, Thomas Dey, Robert Kedington, Robert tyrril of Wilton, Thomas Thursby, Francis Thursby, Samuel Harsnett, Leonard Gooch, John Warner, John Fisher, Hatton Barnerd, John Bendish, Gascoigne Weld of Braconash, Thomas Garret, Esquires; Erasmus Earl Sergeant at Law, John Cook, Robert Tracy, James Grey, John Hobart, Thomas le Gros, Edward Barkham, Thomas Holland, Augustine Palgrave, John Potts, William Coke, Francis Bickley, Will. Addams, Anthony Gaudy, Philip Herbert, Roger Spilman, Philip Harbour, Maurice Shelton, Peter Glean, Thomas Gaudy of Claxton, Thomas Berney of Swarson, William Crane, Anthony Freeston, Robert Suckling, John Windham, William Barker, Robert Gawsell, Henry Repps, Oliver Neeve, Philip Bedingfied and Humphrey Bedingfield, Fran. Bacon, Tho. Bacon, Rob. Long, Rob. Baldoch, Rob. Stewart, John Earl, Francis Cory, Christopher Jay, Suckling Jay, Leonard Mapes, Henry Clifton, Clement Herne, Nathaniel Showldham, Richard Nixon, Edmond Doyley, John Thugton, John Cock, Tho. Browne of Elsing, Tho. Corey, John Kendal, Laurence Oxburgh, John Shadwell, Robert Coney, Rob. Haughton, Rich. Godfrey, John Anguish, Anthony Fisher, Edward Barber, Tho. Drury, Nich. Rookewood, Anth. Drury, Robert Drury, Tho. Talbot, Nich. Styleman, Jacob Preston, Bassingbourne Gaudy, Charles Gaudy, William Davy of Ellingham, Nathaniel Knevet, Edmond Britiff, Simon Britiff, Tho. Wright of Kilverston, Munford Spelman, Edmond de Grey, Tho. Wright of Ovington, William Brampton and Robert Buxton, Gentlemen. Kings Lynn. For the Burrow of Kings Lynn, The Mayor for the time being, Robert Steward, Recorder; Walter Kerby, John Basset, Thomas Greene, John Bird, Benjamin Holly, Henry Bell, William Wharton, Thomas Robinson. Thetford. For the Borough of Thetford, The Mayor for the time being, sir John Holland and sir Will. Gaudy, Baronet's; sir Allen Apsly Knight, Maurice Shelton Esq John Kendal, Robert Tyrrell, Edmund Hunt, Borage Martin and Osmond Clerk, gentlemans. Great Yarmouth. For the Burrow of Great Yarmouth, The Bailiffs for the time being; sir Thomas Meadow, Thomas Pufflet, John Cubitt, Richard Jermin, John Hall, Abraham Castell, Thomas Gooch, Nathaniel Ashby, John Row, George England, John Woodroff, Edmund Thaxter, Arthur Bacon, Aldermen. For the City of Norwich, The Mayor for the time being, sir Joseph pain Knight, Francis Cory Esquire, Recorder; Hen. Watts, John Rayley, Bernard Church, John Man, John Salter, Christopher Jay, Richard Wenman, John Osborne, John Croshold, Will. Haward, Esquires; The two Sheriffs for the time being, Augustine Briggs, Tho. Wisse, Robert Bendish, Richard Couldham, John Larrance, Hen. Hirne, Francis Norris, Matthew Markham, John Manser, Henry Woods, Henry Watts junior, Thomas Thacker, Thomas Chickeringe. Northumberland. For the County of Northumberland, Henry Lord Viscount Mansfeild, Son and Heir apparent to William Marquis of Newcastle; Thomas Grey, Ralph Grey, Edward Widrington, Esquires; sir William Fenwick, sir Ralph Delaval, Baronet's; sir William Forster, sir Henry Widdrington, sir Francis Lyddal, Knights; Edward Grey of Heaton, Robert Delaval, Cuthbert Heron, Ralph Grey of Bradford, Thomas Forster of Etherston, William Widrington, William Fenwick of Beywell, Ralph Heborn of Heborn, John Clark, Robert Shafto of Benwell, Ralph Jenison, John Salkeld the elder of Rock, Thomas Benwick of the Closhouse, Daniel Collingwood of Branton, Richard Stote, William Delaval of Benwick, John Rodham of Little Houghton, Nicholas Whitehead, and Ralph Anderson, Esquires; William Warren and Michael Widrington of Morpeth, Gentlemen. For the Town of Berwick upon Tweed, Colonel Edward Grey, the Mayor for the time being; Thomas Watson, Andrew Moor, Mark Armourer, John Douglas, Aldermen; and Anthony Afton, Bailiff. For the Town and County of Newcastle upon Tine, the Mayor for the time being, sir John Marley and sir Francis Anderson, Knights; John Clarke, and Henry Brabant, Esquires. Oxon. For the County of Oxon, Thomas Earl of Down in the Kingdom of Ireland, Henry Lord Viscount Cornebury, son and heir apparent to Edward Earl of Clarendon, Lord Chancellor of England; Philip Lord Wenman, Viscount Tuam in the Kingdom of Ireland, James Herbert, John Lovelace, Esquires; sir Anthony Cope, sir Henry Lee, sir Thomas Spencer, sir Thomas Penniston, sir William Walter, sir Anthony Craven, sir Thomas Cleyton, Warden of Merton College; sir Thomas Chamberlain, sir Compton Read, Baronet's; sir William Fleetwood, sir William Morton one of his Majesty's Sergeants at Law, sir John Glyn one of his Majesty's Sergeants at Law; sir Francis Wenman, sir Edward Norris, sir Henry Jones, sir John Robinson Lieutenant of the Tower, sir Timothy Terryl, sir Thomas Tipin, sir John Clarke, sir Edmund Bray, sir George Croke, sir Littleton Osbaldiston, sir Robert Jenkinson, sir Allen Apsly, sir William Glyn, sir Philip Harecourt, sir Thomas Cob, sir Samuel Jones, Knights; sir Edward Hungerford Knight of the Bath, James Herbert, John Lovelace, David Walter one of the Grooms of his Majesty's Bedchamber; Lewellin Jenkins Doctor of Laws, Principal of Jesus College, Broome Whorwood, Richard Crook, William Cope, James Hyde Doctor of Physic, Precedent of Magdalen College, Thomas Willis Doctor of Physic, Thomas Saunders, Anthony Libb, Vincent Barry, Henry Allnut, John Stone, Francis Martin, Edmund Lenthal, John Clarke, William Lenthal, William Legg one of the Grooms of his Majesty's Bedchamber, William Dormer, John Cartwright, George Chamberlain, Thomas Wheat, William Sheppard, William Cartwright, Rowland Lacie, Arthur Jones, Henry Allworth Doctor of Laws, Richard Hollaway Counsellor at Law, John Clitherow Gentleman, Robert Dormer, Raynald Bray, William Bayley, Thomas Hord, John Doyley, Charles Hollaway Sergeant at Law, Charles Hollaway, Thomas Coventry, Matthew Skinner Doctor of Physic, Samuel Sandys junior, William Gamcock, Robert Vesey, Robert Perrot junior, _____ Sheppard of Rosewright, Edward Vernon, John West, William Oakeley, Esquires; William Wright and John Wickham, Gentlemen; The Mayor of Woodstock for the time being, Master Alexander Johnson; the Mayor of Banbury; the Warden of Henly; the Bailiffs of Burford and Chipping-Norton, and the chief Magistrates to act in their several Corporations only. For the University and City of Oxford, the Vicechancellor and the two Proctors for the time being, sir Thomas Cleyton Knight, Warden of Merton College, Richard Bayley Doctor of Divinity, Precedent of St. John's College, John Fell Doctor of Divinity, Dean of Christ-Church, John Meredith Doctor of Divinity, Warden of All-Souls College, Thomas Barlow Doctor of Divinity, Provost of Queen's College, Thomas Yates Doctor of Divinity, Principal of Brazen-Nose College, Walter Blandford Doctor of Divinity, Warden of Wadham College, Luellin Jenkins Doctor of the Laws, Principal of Jesus College, Joseph Crowther Doctor of Divinity, Principal of Saint Mary Hall, James Hyde Doctor of Physic, Principal of Magdalen Hall, Richard Lydal Doctor of Physic, Thomas eliot Doctor of Physic, Henry Alworth Doctor of Laws, Benjamin Cooper Master of Arts, Richard Witt Bachelor of Law, Nicholas Ʋilet Bachelor of Law, Richard Holway, Esquires; Martin Lipyard, John Cross, William Flexney, John Haslewood, Joseph Goodwin, William Day, Richard Davis, William Finch, Matthew Leech. The Mayor of the City for the time being, sir Anthony Cope, and sir Francis Wenman, Baronet's; sir William Morton, sir Samson White, Knights; Broom Whorwood, Sergeant Hollaway, Charles Hollaway, Richard Cook Recorder, George Low, Esquires; Francis Harris, Leonard Bowman, William Wright, Roger Griffin and John White, Aldermen; John Harris, William Bayley, Francis Grenoway, Francis Heyward, John Townsend, William Cornish, Henry Mallory, John Painton Town-clerk, Robert Whorwood, John Lamb, Thomas Rowney, Richard Prat and Edward Astin, Gentlemen. Rutland. For the County of Rutland, John Lord Roos, Son and Heir apparent to John Earl of Rutland, Bennet Lord Sherard of the Kingdom of Ireland, Edward Noel, Henry Noel, Philip Sherard, Esquires; sir Thomas Mackworth Baronet, sir Edward Heath Knight of the Bath, sir Francis Mackworth, sir Edward-Maria Wingfield, sir Eusebius Pelsant, Knights; William Palms, Alexander noel, Christopher Browne, Beaumond Bodenham, Richard Halford, Abel Barker, Samuel Brown, William Hyde, Edward Faukner, Robert Mackworth, Esquires; Charles Halford, Ezekiel Johnson, Gentlemen. Salop. For the County of Salop, William Pierripont, Andrew Newport, Esquires; Sir Thomas Woolrich, sir William Whitmore, sir Francis Lawley, sir Walter Acton, sir Henry-Frederick Thin, sir Vincent Corbet, sir Thomas Littleton, sir Francis Edward's, sir Henry Vernon, sir Humphrey Briggs Baronet, sir Thomas Whitmore Knight of the Bath; sir Richard Prince, sir John Weld, sir Richard Ottly, sir William Child and sir Henry Herbert, Knights; sir Job Charleton Sergeant at Law, and Chief justice of Chester, Timothy Littleton Sergeant at Law, William Fowler, Timothy Turner, Philip Eyton, Richard Scriven, Francis Thornes, Charles Mannering, James Latin, Robert Sandford, Roger Kinneston, Thomas Bawdwine, Robert Leighton, Philip Prince, Francis Charlton, Thomas Owen of Cow-dover, Edward Kynerstone, Samuel Wingfield, Thomas Whitmore, George Weld, George Ludlow, Thomas Rock, Charles Baldwin, Robert Charleton, Henry Barnard, Thomas Powis, Thomas Kettelesby, Robert Corbet of the Hall of Hussey, Thomas Holland, John Coates, William Oakeley, Edmond Waring of Owldbury, Somerset Fox, Richard Fowler, John Walcot, Adam Ottly, Thomas Walcot, Robert Cresset, John Cole, Robert Owen, Edward Powel, Thomas Lloyd, Thomas Lockier, Thomas Smalman, John Lacon, Thomas Lockard, John Kynestone, William Owen of Porkington, John Newton, Thomas Kynnersley of Badger, William Cotton, Richard Mitton, Francis Forester, William Jones of Sandford, Rowland Hill, Vincent Edwards, Henry Goodrick, John Trevor, Thomas Ireland, Thomas Jones, Richard Creswel, Thomas Harris, John Corbet of Adderley, Edward Vernon, Thomas Acton, Thomas Jobber, Samuel Baldwin, Henry Sprat, Thomas Crump, Henry Griffiths, Richard Ridley, Jonathan Langley, James Beck, Henry Mitton of Shipton, Esquires; The Mayor of the Town of Salop for the time being; the Bailiffs of Ludlow, Bridge-North, Wenlock and Bishops-Castle for the time being, Daniel Wicherley, Francis Smith, Richard Walker, John Whitacre, Richard Clarke, Andrew Viners, Richard Tailor, John Harding, Arthur Hinckes, John Baugh, Edward Wollaston, Alexander Middleton, Samuel Lloyd, Richard Davis of Ludlow, Roger Gough, Benjamin Buckley of Somerset-Hall, Robert Betton, Thomas Jones of Sheet, Richard Charleton, Richard Hosier, Capt. Philip Jenings, Andrew Hill, Richard Prichard, John Haynes, George Hosier, John Stanyer, Edward Owen, Roger Harris, Robert Vernon, Capt. Richard Philip's, Rowland Hill of Hackoston, Gentlemen; Richard Cooling Esquire, Robert Gorton, sir Clement Clarke and Richard Jenkins Gentleman. Stafford. For the County of Stafford, Sir John Wirley Knight, High Sheriff; sir Edward Littleton, sir Edward Baggot, sir Thomas Wilbraham, sir Walter Rotesley, sir Charles Woolceley and sir Francis Lawley, Baronet's; sir Bryan Broughton and sir John Bowyer, Knights and Baronet's; sir Theophilus Bidolph, sir Thomas Whitgrave and sir Walter Littleton, Knights; Randolph Egerton, Walter Chetwind signior, William Sneyd, Henry Grey, John Lane, Walter Chetwynd junior, George Digby, Broom Whorwood, Rowland Okeover, Edward Mainwaring, John Skrymshire, Gerard Skrymshire, Colonel Harvy Bagot, Edward Vernon, Charles Cotton, Richard Congreave, Robert Milward, William Chetwind, Thomas Kynnersby, John Piercehouse, John Swynfen, Robert Levison, Francis Levison, Rowland Cotton, Henry Archbold, Jonathan Woodnorth, Jonathan Cope, Henry Vernon, George Parker, John Shelton, Francis Wightwick, John Whitehal, William Talbot, George Vernon, Charles Agard, Richard Aderley, Edward Arablaster, William Orme, John Noble, Edward Birch, Edward Ward, William Ward, William Trafford and Dan. Watson, Esquires; Richard Bracegirdle, William Trafford, John Gough, William Farmer, John Coleclough of Burslem, John Felton, Henry Haworth and Thomas Bagnal, Gentlemen; The Mayor of Stafford for the time being; The Mayor of Newcastle for the time being; The Mayor of Walsal for the time being, and the Bailiffs of Tamworth for the time being. Lichfield. For the City and County of the City of Lichfield, Thomas Caterbanck Bailiff, the Bailiffs for the time being, Sir Theophilus Bydolph Knight, Colonel John Lane, Michael Bydolph, Richard Dyot, John Hill, Sherington Talbot, Esquires; Doctor Hinton, Doctor Hewet, James Allen, Thomas Minors, John Burns, William Jesson, Gentlemen; and the Sheriff for the time being. Somerset. For the County of Somerset, John Lord Digby, Son and Heir apparent to George Earl of Bristol, Francis Lord Hawley of the Kingdom of Ireland, sir Charles Berkley Treasurer of his Majesty's Household, John Pawlet, Francis Pawlet, Amias Pawlet, Esquires; sir Thomas Mallet, one of the justices of the King's Bench; sir William Portman, sir John Sydenham, sir Maurice Berkley, sir Hugh Smith, sir William Windham, sir John Worton, sir George Trevilian, sir Charles Pim and sir John Newton, Baronet's; sir John Coventry and sir Edward Hungerford, Knights of the Bath; sir Henry Berkley, sir Thomas Bridges, sir Hugh Windham, sir George Norton, sir John Warr, sir Thomas Gore, sir George Horner and sir William Basset, Knights; John Merefield Sergeant at Law, Alexander Popham, George Scowel, Edward Philips, Edmund Windham, George Speak, Francis Lutterel, Henry Rogers, Peregrine Palmer, Samuel Gorges, John Mallet, Francis Wyndham, William Hellyer of Coker, William Prynne, Thomas Heale, Edward Berkley, Henry Waldron, William Bull, John Buckland, Thomas Warr, Robert Hunt, Thomas Piggot, Francis Roll, John Harrington, John tint, Warwick Brampfield, William Lacie, John Churchil, Henry Henly, Edward Court, Henry Bull, William Carrant, Francis Baker, Richard Jones, George Sydenham, Robert Hawley, Michael Mallet, Edward Philip's junior, Anthony Pawlet, Henry Light, John Harbin, Roger Bourne, Edward Bampfield, Angel Grey, Ralph Stowel, john Moor, Hugh Norris, William Speak, William Hilliar of Sea, john St. Albon, john Fitz-Herbert, john How, William Bawn, john Cridland, Kingsmel Lucy, Peter Roymon, William Harboured, Roger Newburrough, Maidley Samborne, Francis Vaughan, john Fody, William Coward, john Hunt, john Goodwin, Henry Dunster, Edward Clarke, Thomas Farewell and William Clarke and James Hayes, Esquires; And for the City of Wells and Town of Bridgewater, the respective Mayors for the time being; for the City of Bath, the Mayor for the time being, William Prynne Esquire, Walter Gibbs Alderman, Robert Pearce Doctor in Physic, Walter Bayley, Edward Parker, John Sherstone and Simon Sloper, Gentlemen. Bristol. For the County and City of Bristol, The Mayor for the time being, John Lawford Esquire, sir Robert Atkins Knight of the Bath, Recorder; sir Henry Creswick and sir John Knight, Knights; John Lock, Richard Balman, Nathaniel Cale, Walter Sandy, John Willoughby, Thomas Langton, Aldermen, Ralph Olliffe, John Hicks, John Wright, John Bradway and Richard Streamer, Gentlemen. Southampton. For the County of Southampton, Charles Lord St. John of Basin, son and heir apparent to John Marquis of Winchester; the Lord Henry Pawlet, sir George Carteret Vice-Chamberlain of the King's Household, sir Robert Howard, sir Henry Worseley, sir John Mills, sir John Norton, sir William Lewis, sir Hugh Stewkley, sir William Mewx, sir Thomas Bad, sir Nicholas Steward, sir Andrew Henly, sir John Trot, sir Robert Dillington, Baronet's; sir Humphrey Bennet, sir John Leigh, sir Robert Mason, sir Thomas higgon's, sir John Dingley, sir Robert Worseley, sir Mundiford Brampston, sir Thomas Tompkins, Knights; Richard Norton, Thomas Neale, Richard Goddard, Laurence Hyde, Henry Wallop, John Button, Thomas Knollis, William Oglander, Robert Dillington, Tho. Jervice, John Richards, Charles West, William. Legg, Hen. Whitehead, Geo. Pit, Tho. Brook, Leonard Bilson, Francis roll, John Hooke, Tho. Cole, Philip Leigh, James May, Rich. Compton, Benj. Ruddiard, Giles Hungerford, Francis Rivet, Roger Gallop, Francis Tilney, Henry Bromfield, William Pit, Arthur Bold, William Collins, Edward Norton, Daniel Norton, William Wither, John Worseley signior, Edward Worseley, Edward Cook, John Ball, Edward Hooper of Chilworth, Edward Hooper of Hurne-Court, Francis Dickins, John Stewkley, Bartholomew Price, Daniel Kingsmel, John Kingsmel, Henry Tulfe, Thomas edmond's, Robert Oxenbridge, Robert Goffe., Richard Love, Gabriel Whistler, Thomas Newnham, John Dean, John Oglander, William Wall, chaloner Chute, Henry Kelsey, Henry Goddard, William Lisle, Andrew Wall, Richard Ailiffe, Edward Hyde, Anthony Yalden, Essex Pawlet, Stephen Fox, John Culpeper, Walter Slingsby, Alexander Culpeper, John Dingly, Esquires; and Richard Rudyard Gent. For the Town and County of Southampton, William Stanley, Robert Richbil, William Horn, Thomas Cornelius, James Clungeon, Henry Pit, George Steptoe, Esquires; For the City of Winchester, William Tailor, Richard Dennet, E●mund Fifeild, Benjamin Clarke, John Monday, John Colson, the Mayor of Winton, the Mayor of Southampton, the Mayor of Portsmouth, the Mayor of Newport, the Mayor of Basingstoke, the Bailiff of Andevor for the time being, John Bowreman, Thomas Legg, James Rice, Mores Read, Gent. Suffolk. For the County of Suffolk, Sir Edward Turnor Knight, Speaker of the House of Commons, Walter Devereux Esquire, sir Edmond Bacon, sir Lyonel Tolemache, sir Henry Felton, sir Robert Kempe, sir William Spring, sir John Castleton, sir Henry Bacon, sir Henry North, sir Thomas Cullam, sir Gervace Elwies, sir Thomas Darcy, sir Robert Cordal, sir John Rous, sir Robert Brooke, sir Samuel Barnardiston, sir Philip Parker, Baronet's; sir William Playters, sir Henry Wood, sir Charles Gawdy, sir George Reeve, sir Edward Duke, sir William Doyly, sir Thomas Bernardiston, Knights and Baronet's; sir Dudley North, sir Nicholas Bacon and sir John Knivet, Knights of the Bath, sir Henry Crofts, sir Edmund Poley, sir John Duncomb, sir Robert Brooke, sir Thomas Harvy, sir George Weneve, sir John Poley, sir Nevil Catlin, sir William Bloys, sir Thomas Smith, sir Philip Parker, sir Jeofrey Burwel, sir Philip Meadow, sir William Doyley and sir Edmund Barker, Knights; John Havey, Thomas Walgrave, Thomas Holland, John Poley, Richard Cook, Charles Stutteril, John Sicclemore, John Southby, William Gipps, Clement Heigham, Benjamin Cutler of the Chantry, William Bloys, Henry Warner, Thomas Stewart, Thomas Wright, Joseph Bland, John Playters, John Cole, Robert Mattyward, Hamond Claxton, Robert Style, Fitznoune Lamb, Henry Coppinger, Thomas Anis, Edward Feilder, Peregrine Doyley, Thomas Dade, Thomas Scrivener, Henry North, John Lamb, Edward North, William Acton, John Wentworth, Robert Butts, Thomas Butts, Francis Cheney, Robert Maniot, William Rivet, Robert Nanton, Gardner Web, Robert King, Charles Cornwallis, John Rivet, Thomas Golding, Edmund Plum, Edward Man junior, Edmund Clench, Richard Kirkeby, Thomas Tyril, Francis Theobald, William Beaumond, Michael Grigg, Thomas Leman, Reginald Williams, Thomas Vesey, Philip Howard, William Dawtry, William Gooch, Framlingham Gawdy, Ptolemy Tolemache, William Jermy, Henry Parker, Thomas Bacon, John Brame of Ash, Humphrey Bowen, John Bedingfield, Thomas Day, Miles Edgar, Samuel Kenidge, Edmund Shepheard, William Cullum, Edmund Gardner, Robert Browning, Henry Stebbing, John Brook, John Cornwallis, William Blomfield, Robert Gosnold, Wiseman Bokenham, John Thurston, Thomas Edgar, Tho. Allen Vice-Admiral, Rob. Wright, Esq The Mayor of Sudbury for the time being, Joh. Warner, William Byat, Gentlemen; The Bailiffs of Dunwich for the time being. For the Borough of Ipswich, The Bailiff for the time being, Sir Emanuel Sorels Knight, William Bloys, John Sicklemore, Esquires; Nicholas Phillips, John Robinson, John Smithier, Robert Clerk, Gilbert Lingfeild, Edward Man junior, Gentlemen. For the Borough of St. Edmondsbury, The Aldermen for the time being, John Southeby Esquire, Recorder; Sir Edmund Poley, Sir John Duncomb, Knights; James Cob Esquire, Francis Brown, Robert Sharp, Stephen Cook, Samuel Hustler, Edward Bourn, Gentlemen. For the Borough of Aldborough, The Bailiff for the time being, Sir John Holland Baronet, Sir Robert Brooke Knight, William Shipman, Thomas eliot, Richard Browne and John Burwood, Gentlemen. For the Borough of Orford, The Mayor for the time being, Walter Devereux Esquire, Sir Allen Broderick Knight, Joseph Hastings, Thomas Hastings, James Coppin, Edward Ewen, Edward Parker, Martin Folkes, John Harwel and Edward Johnson, Gentlemen. Surrey. For the County of Surrey and Borough of Southwark, Charles Earl of Ancram of the Kingdom of Scotland, Francis Lord Angier of the Kingdom of Ireland, Sir Edward Nicholas Knight, one of His Majesty's most Honourable Privy Council, Benjamin Weston Esquire, Sir Henry Capel Knight of the Bath, Sir Francis Vincent Knight and Baronet, Sir Walter St. john's, Sir Adam Browne, Baronet's; Sir Thomas Trevor Knight and Baronet, Sir John Robinson Knight and Baronet, Lieutenant of the Tower, Sir Richard Brown Knight and Baronet, Sir William Moor, Sir John Eveling, Sir Marmaduke Gresham, Sir Richard Stydolph, Sir John Bromfield, Sir Abraham Cullen and Sir Thomas Hooke, Baronet's; Sir John Nicholas and Sir William Terringham, Knights of the Bath, Sir William Throckmorton Knight Marshal, Sir Ralph Freeman Knight, one of the Masters of Request, Sir John Lenthal, Sir Edmund Bowyer, Sir John Shaw, Sir Charles Howard, sir William Haward, sir George Ascough, sir Robert Long, sir Edward Wingfeild, sir Thomas Bloodworth, sir Daniel Harvy, sir Robert Parkhurst, sir Richard Hatton, sir Allen Broderick, sir Nicholas Carew, sir Edward Bishe, sir James Austin and sir William Turner, Knights; Henry Hilyard, Arthur Onslow, George Chute, Roger James, John Scot, Edward Thurland, Christopher Buckle, Edward Evelin, Thomas Foster, Anthony Bower, Edward Nicholas, William Hoskins, George Evelyn, Richard Evelyn, William eliot, Anthony Thomas, John Helinden, James Zouch, Henry Weston, Thomas Dalmahoy, George Smith, Dawes Wymondesold, John Dawes, George Browne, William Muschamp, John Thynne, George Moor, George Garth, Thomas Turges, Matthew Carleton, Roger Duncomb, George Duncombe, George Woodruffe, George Vernon, Henry Henn, George Duke, Edward Knipe, Jeofry Howland, Edward Barker, Samuel Rouse, John Hammond, John Thin junior, James Gresham, Edward Eversfield, Harmon Atwood, Charles Good, Thomas Lee, Peter Hussey, Richard Heath, Vincent Randal, Nicholas Miller, John Parker, Thomas Rogers, Doctor Windebank, Laurence Marsh, George Turner, Theophilus Holman, Thomas Arden, Henry been, John Heather, Richard Syms, Ellis Crisp, Edward Smith, Edward Warcup and John Angel, Esquires; John Jordan of Ditton, John Robinson, John Wight, William Street, William Boothby, Peter Quinnel signior, john Jones, William Westbrooke, Richard West, Caleb Westbrook, The Mayor of Guildford for the time being, John Child, James Burton, Richard Lewyn, William Canon, John Wilkinson, Ottnel Meverel, William Lock, john Neale, Simon Nicholas, Hugh Layton, Peter Delanoy, James Reading, Edward Ball, George Meggot, John Luntly, Jacob May, Thomas Butler, Thomas Morgan, Tobias Solby and Benjamin Collier, Gentlemen. Sussex. For the County of Sussex, Joscelyn Lord Percy, Son and Heir apparent to Algernon Earl of Northumberland, Thomas Leonard, John Pelham, sir William Culpeper, sir Cecil Bishop, sir John Covert, sir William Thomas, sir John Stapeley, sir John Fag, sir Denny Ashburnham, sir Walter Henly, sir William Wilson, Baronet's; sir John Lewkener and sir William Morley, Knights of the Bath, sir Thomas Dyke, sir Edward Ford, sir John Morley, sir Thomas Woodcock, sir Thomas Nutt, sir George Courthop, sir Henry Peckham, sir Henry Onslow and sir William Craven, Knights; George Parker, George Nevil, Thomas Sackvil, Henry Goring, Percy Goring, William Garway, john May, Herbert Morley, John Eversfeild junior, Nisel Rivers, Anthony Shurley, John dela Chambers, Charles Bret, John Peckham, John Garway, Samuel Gott, Edward Polhill, Roger Showswell, Robert Anderson, John Forrington, Brewen Bichley, Edward Morley, Allen Carr, Richard Bridges, Peter Courthop, Edward Keeling, Henry Shelley, Benjamin Culpeper, Henry Bill, William Spence, Edward May, Mr. Simon Smith, Alexander Jermin of Luddington, Robert Fowle, Thomas Collings, Walter Everden, William Dyke, Sackvil Graves, Nicholas Gildridge, Thomas Foster, Henry Chown, Edward pain, Henry Bish, Edward Michelburn, Philip Packer, John Steward, John Baker of Withiam, William Gratwick, Richard Shepherd, Stephen French and Thomas Henshaw junior of Billingh●rst, Esquires; Richard May, Abraham Chapman, Thomas Palmer, Richard Cooper, Thomas Bebsworth, Matthew Young, Thomas Levit, Richard Young Alderman, John Luxford of Ocley, Ambrose Trayton, Henry Shelley, William Lane, William Vinal, John Oliver, Thomas Peckham, John Fuller of Waldron, Robert Pickering, John Baker junior, John Hay of Glindborn, Roger Bish, Robert Palmer, Francis Gratwick, William Palmer, Richard Nash, William Westbrook, Christopher Coles, John Monk, Thomas Barnard, Thomas pain, John pain, Arthur Lovet, Thomas Bromfeild signior, Richard Alchorn, Thomas Bromfeild junior, Bray Chown, Anthony Eversfeild, Edward Chowney, John Gratwich of eaton's, Joseph Newington, John Dive, William Hartridge, Alexander Stapeley, Robert Brooke signior, Gentlemen. The respective Mayors of Chichester, Arundel, Hasting, Rye and Winchelsey for the time being; The Bailiffs of Seaford and Davensey for the time being; Thomas Middleton Gent. John King and Henry King, Esquires. Warwick. For the County of Warwick, Sir Francis Compton Knight, Foulk Grevil, Charles Leigh, Esquires; Sir Robert Holt, Sir Richard Temple, Sir Henry Puckering alias Newton, Sir Edward Boughton, Sir Roger Burgoyne, Sir John Knightley, Sir Clement Fisher, Sir Herbert Price, Sir Thomas Norton, Baronet's; Sir William Bromley, Sir Stephen Hales, Knights of the Bath; Sir George Devereux, Sir Francis Willoughby, Sir Charles Adderley, Sir Charles Lee, Sir William Palmer, Sir Arthur Caley, Sir William Underhil, Sir Comb Wagstaffe, Sir Richard Hopkins, Sir Richard Bishop Sergeant at Arms, Knights; Amos Walrond, Walter Chetwin signior, William Booth of Witton, John Bridgeman, John Ferrer, Richard Lucy, Thomas Archer, Clement Throckmorton, William Somervile, Francis Willoughby, Seabright Rippington, William Dilkes, Havey Bagot, George Fielding, Richard Newdigate Sergeant at Law, Thomas Flint, Thomas Temple, Thomas Boughton, John Rous, William Purifoy, John Clopton, Henry Ferrer, Charles Newsham, John Lisle of Moxal, Richard Verney of Kingston, Charles Bentley, Giles Palmer, Nicholas Overby, Edward Underhill, Thomas Marriot, Humphrey Jennings, Thomas Corbin, John Fetherston, George Sacheverel, James Prescut, Thomas Rawlins of Stratford, Esquires; The Mayor of Warwick for the time being, The Mayor of Stratford for the time being, The Bailiffs of Tamworth for the time being. Coventry. For the City and County of the City of Coventry, The Mayor for the time being, Sir Thomas Norton Baronet, Sir Clement Fisher, Sir Arthur Caley, Sir Richard Hopkins, Sir Charles Adderley, Knights; Thomas Flint, Edmund Palmer, Esquires; Henry Smith, Matthew Smith, Julius Billers, Aldermen; Humphrey Burton Coroner. Worcester. For the County of Worcester, Sir John Packington, Sir William Russel, Sir Henry Littleton, Sir Edward Seabright, Sir William Kyte, Sir Thomas Rouse, Baronet's; Sir Ralph Clare Knight of the Bath, Sir Henry Herbert, Sir Rowland Berkley, Sir John Talbot, Sir John Windford, Knights; Colonel Samuel Sandys, Samuel Sandys junior, William Sandys, Sharington Talbot, Tho. Savage, Edward Pitts, Francis Russel, Francis Finck, Edward Carey, Joseph Welch, William Wasborn, Thomas Child, Henry Townshend, Thomas Wild, John Nanfan, Thomas Street, Henry Parker, Leonard Simpson, Theophilus Andrews, Richard Dowdeswel, Henry Bromley of Upton, William Mucklo, Littleton Clent, Edward Bushel, Richard Vernon, Charles Cornwallis, Walter Savage, Thomas Jolliffe, Thomas Symmons, Humphrey Littleton, Thomas Foley, Philip Parsons, Anth. Crump, William Baldwin, Henry Evett, William Hancock, John Charlet, Thomas Watson of Bengworth, Henry Spiller, William Ligon, Henry Bromley of Holt, Edward Dingly, Henry Jefferies, Broom Whorwood, Philip Brace, Francis Sheldon, John Bearcroft, Bridges Nanfan, Esquires; The Mayor of Evesham for the time being, The Bailiffs of Droitwich for the time being, The Bailiffs of Bewdly for the time being, John Barnaby of Bockleton Esquire. Worcester City. For the City and County of the City of Worcester, The Mayor, aldermans and Sheriff for the time being, Sir John Packington Baronet, sir Rowland Berkley Knight, sir William Moreton Knight, one of his Majesty's Sergeants at Law, Thomas Hall, Thomas Street, Thomas Wild, Tho. Vernon, Thomas Harris, Esquires; Humphrey Wildy, Richard Beddoes, Thomas Harrison, Wintour Harris, John Bearcroft, Francis Hughes, Humphrey Tirer Gent. Wilts. For the County of Wilts, Henry Lord Herbert, Son and Heir apparent to Edward Marquis of Worcester, the Lord John Seymour, William Lord Herbert of Cardiff, Son and Heir apparent to Philip Earl of Pembroke and Mountgomery, Henry Viscount Cornbury Son and Heir apparent to Edward Earl of Clarendon Lord Chancellor of England, Sir Edward Nicholas Knight, one of His Majesty's most Honourable Privy Council, Sir Robert Hyde Knight, Chief justice of the Kings-Bench, Edward Howard, Philip Howard, Esquires; Sir Walter St. John, Sir Seymour Pile, Sir George Grubham-How, Sir Walter Ernle, Sir Giles Tooker, Baronet's; Sir John Coventry, Sir John Nicholas, Sir Edward Hungerford, Sir Edward Baynton, Knights of the Bath, Sir Wadham Windham Knight, one of the justices of the King's Bench, Sir james Thynne, Sir John Eveline, Sir john Talbot, Sir Edward Pool, Sir George Hungerford, Sir John Weld, Sir John Low, Sir Tho. Escourt, Sir Henry Coker, Sir Tho. Ivy, Sir William Cawley, Sir Tho. Mompesson, Sir John Ernle, Sir William Eyre, Knights; Alexander Popham, Edward Seymour, Richard Gr●bham-How, Robert Phillips, Francis Wroughton, John Pleyddal, William Glanvile, Henry Clarke, William Jordan, John Hall, Esquires; John Morton Baronet, Richard Lewis, George Ailiffe, Edward Nicholas, Edward Hungerford, Edw. Hyde, Ralph Freak, Wil Pawlet, Wil Ducket, Tho. Mompesson, William Broncker, Walter Backland, Henry Hungerford, Henry Baynton, Walter Long, George Bond, Gilbert Raleigh, Edmund Warneford, Richard Harrison, Richard Aldworth, Alex. Thislethwart junior, William York, Stephen Fox, Edward Goddard of Standen, Thomas Bennet of Salthrop, James Long, Thomas Wancklin, Jeoffrey Danyel, John Collins, John Kent, Thomas Gore, William Willoughby, John Foil, John Norden, Henry Long, James Ash, Edward Topp, Thomas Hawles, Joseph Stockman, Giles Eyre, Joseph Eyre, Samuel Eyre, john Long, john Bowles, Richard Bowles, William Kent, Edward Manning, William Swanton, Thomas Lambert, Thomas Pile, Robert Chandler, Thomas Hungerford, William Bowles, John Eyre, Richard Southby, Seymour Bowman, Richard Escourt, Rowland Plott, Edward Goddard of Ogbourn, John Danvers, John Glanvile, Henry Wallis, Doctor Hierst, John Escourt, Benjamin Gifford, Nevil Masculine, Oliver Nicholas, Edmund Webb, Isaac Burgis, Richard Long, John Mompesson, Henry Trenchard, Simon Spatchurst, Richard Davy, George Ivy, Samuel Ash, John Davenant, John Bennet, Robert chaloner, William Sadler, Robert Hippesly, Ephraim Westley, Matth. Bennet, Richard Green, Humph. Hyde, Edm. Ansley, Christ. Gardiner, _____ Crouch, Thomas Hunt, Thomas Chaffin, Ferrer Gresley, George Parrey, Thomas Clarke, Henry Clarke junior, Anthony Trotman, John Ellet, Walter Dowse, John Duke junior, William Cusse, John Young, Walter Sharp, George Sadler, Thomas Escourt, Thomas Gape, William Levet, Christ. Willoughby, John Fitz-Herbert, Esquires; the Mayor of Wilton for the time being. New-Sarum. For the City of New-Sarum, Sir Robert Hyde Knight, Chief justice of the King's Bench, Sir Wadham Windham Knight, one of the justices of the King's Bench, the Mayor for the time being, Richard Coleman Recorder, William Joyce, Thomas Oviate, Morris Green, Thomas Williams, Edward edmond's, Thomas Gardiner, Thomas Cutler, James Harwood, Thomas Ray Aldermen, Sir John Low, Sir Thomas Mompesson, Knights; Thomas Hawles, William Swanton, Richard Davy, John Holt, Thomas Chaffin, Thomas Dorrel, Stephen Fox, Seymour Bowman, Simon Spatchurst, Francis Sambrooke, Nicholas Johnson and Giles Clutterbook, Esquires. Westmoreland. For the County of Westmoreland, Sir Philip Musgrave, Sir William Dalston, Sir Richard Sandford, Sir John Lowther signior, Sir John Lowther junior, Baronet's; Sir Thomas Strickland, Sir George Dalston, Knights; Richard Musgrave, John Lowther, Allen Bellingham, John Dalston, James Ducket, Daniel Fleming, Richard Brathwayte, Robert Hilton, Tho. Brathwayte, John Otway, Nicholas Fisher, Edward Nevison, Lancelot Machel, Thomas Gabetas, Nathaniel West, Edward Wilson, Esq the Mayor of Appleby for the time being, the Mayor of Kendal for the time being. York. For the West- Riding of the County of York, George Viscount Castleton of the Kingdom of Ireland, Henry Viscount Irwin of the Kingdom of Scotland, Thomas Lord Fairfax of the Kingdom of Scotland, Sir Francis Fane, William Earl of Dumfreeze in the Kingdom of Scotland, Knight of the Bath, Conyers Darcy Esquire, sir Francis Wortley, sir George Savil, sir Thomas Osborne, sir John Goodrick, sir Richard Maleverer, sir John Rersby, sir John Key, sir John Armitage, sir William Ingleby, sir Solomon Swaile, sir William Rokesby, sir Godfrey Copley, sir George Wynn, sir Gervas' Cutler, sir John Jackson, sir John Lewis, sir Thomas Slingsby, sir George Cook, Baronet's; sir Tho. Wharton, sir Francis Fane junior, Knights of the Bath; sir Richard Tankred, sir Jordan Crossand, sir Thomas Beaumond, sir Thomas Wentworth, sir John Dawney, sir Miles Stapleton, sir William Lowther, sir Francis Goodrick, sir Edmund Jenings, sir William Ingram, sir Christopher Clapham, sir Ralph Knight, sir Thomas Yarborough, Knights; Richard Hutton, Thomas Danby, Walter Hawkesworth, Henry Arthington, Welbury Norton, Charles Tancred, Ambrose Pudsey, Francis Rockley, Robert Wirvel, Walter Strickland, Anthony Adeyre, Francis Nevil, Walter Calverley, Henry Eyre Doctor of Physic, john Wentworth of Ellinshel, John Savile of Heathly, Henry Goodrick, John Wentworth of Wolly, Bradwardin Tindal, John Vincent, John Richard, William Lowther, john Bilby, Richard Washington, Richard Mountney, William Hammond, William adam's, Thomas Yarborough, Walter Lister, William Drake, Inglebert Leeds, Cuthbert Wade, Robert Harrison, James Moseley, John Stanhop, Nicholas Stable, Benjamin Norcliffe, Roger Portington, Edward Lewis, John Thornhil, William Womble, Thomas Stringer, Henry Atkinson, Francis White, Will. Spencer of Attercliffe, William Godfrey, Thomas Lister of Maningham, Thomas Lister of Bawtree, Thomas Haber, John Ottway, John Major, Thomas Staveley, Doyley Gower, Thomas Fawkes Esquires; Henry Cook, Thomas edmond's, Jonathan Jenings, John Atkinson, John Preston, William Witham, Benjamin Wade, John Dodsworth, William Roundel, George Clarke, Jervas' Bosvile, Thomas Gill, Richard Graham, Gentlemen; the Mayor of Rippon, the Mayor of Doncaster, the Mayor of Pontefract, the Mayor of Leeds for the time being, Robert Welter's of Owsbourn, George Fothergil, Esquires. For the North-Riding, Charles Lord St. John of Basin, Son and Heir apparent to John Marquis of Winchester, Coniers Darcy Esquire, sir Henry Bellasis, Henry Darcy, James Darcy, Esqs sir Christopher Wivel, sir Thomas Gower, sir John Goodrick, sir Metcalf Robinson, sir Solom. Swail, sir Henry Stapleton, sir David Fowls, sir John Lowther, sir John Napier, sir Roger Langley, sir William Caley, sir George Marwood, sir Richard Graham, sir William Frankland, sir Christ. Wandesford, Baronet's; sir Robert Strickland, sir Richard Tancred, sir Thomas Strickland, sir Jordan Crossland, sir William Dalton, sir John Dawney, sir James Pennyman, sir Thomas Ingram Chancellor of the Duchy, sir Henry Cholmley, sir Thomas Hebblethwaite, sir Joseph Craddock, sir Henry Franckland, sir William Craven, Knights; William Wivel, Edward Gower, Henry Marwood, James Medcalfe, Matth. Hutton, Robert Layton, William Caley, John How, Thomas Danby, Walter Strickland, John Beverley, Thomas Rookeby, James Moyser, John Calverley, Edward Croft, Thomas Robinson, William Weddil, John Turner, Isaac Fairfax, John Wivel of Osgerby, Humphrey Wharton, Charles Bellasis, Edward Hutchinson of Wickham, Reynold Graham, Major Norton, Henry Bethel, Roger Talbot, Charles Tanckred, Thomas Jackson, Henry Harrison, William Fielding, William Robinson, Edward Trotter, Robert Belt, Thomas Hutton, James Morley, Thomas Hassel, Timothy Maleverer, Capt. Leonard Robinson, John Dodsworth, William Thompson, Thomas Wickham, Anthony Lowther, Thomas Norton, William Metcalfe, Henry Blackson, Walter Lister, John Gibson, Charles alanson, Edward Gower, William Gower, John Coltson, Esquires; James Moor, George Norton, Francis Driffeild, John Smith, Thomas Wait, William Spinke, Allan Chamber, John Hill of Thorndon, John Earnley, Ralph Jackson of Lazenby junior, Christ. Keld, Henry Crosseland, William Lampley, William Truman, Francis Cumin, Robert Bushel, Richard Harland, Major Redman, Gentlemen; the Aldermen of Richmond and the Bailiffs of Scarborough for the time being. For the East-Riding, Sir Francis Cob Knight, High Sheriff of the County, Charles Lord Viscount Dungarven in the Kingdom of Ireland, Sir John Hotham, sir Francis Boynton, sir Robert Hilyard, sir John Bucke, sir Watkinson Paler, sir Thomas Rudston, sir John Ledgerd, Baronet's; sir Tho. Nortliffe, sir Philip Mountain, sir Thomas Daniel, sir Matthew Appleyard, sir Thomas Renington, sir Hugh Bethel, sir Thomas Heblethwait, sir William Cob, Knights; Tobias Jenkins, Michael Wharton, Robert Bucke, Thomas Grantham, Durand Hotham, Hugh Lister, John Constable, John Lister, Henry Sandys, Henry Holmes, Christopher Hillyard, Walter Bethel, George Mountain, John Vavasor, Jonathan Atkins, Ralph Warton, William Osbaldston, William Grimstone, Robert Sotheby, Richard Robinson, Thomas Cr●mpton, Samford Nevil, William Gee, Richard Ledgeard, William Baynton, Stephen Thompson, Richard Thompson, Henry Hillyard, James Moyser, Edward Bernard, Thomas Hesket, Gregory Creyke, William Harpham, Thomas Anlaby, Alexander Rokeby, Henry Hillyard, John Stapleton, Henry Portington, Philip Saltmarsh, John Acraid, Esquires; Thomas Swan, Leonard Robinson, William Blount, John Pierson, Lewis Lewins, Francis Bushel, Robert Constable, John Belton, William Dobson, William Thompson, Ralph Higden, Richard Graham, Thomas Sytheron, Christopher Baukins, Gentlemen; the Mayor of Hedon and the Mayor of Beverly for the time being. York City. For the City of York and the County of the same, Edward Elwicke Lord Mayor, Thomas Lord Fairefax of the Kingdom of Scotland, Sir Metcalfe Robinson, Sir Thomas Osburne, Sir Roger Langley, Sir john Goodrick, Sir George Rive, Sir Thomas Slingsby Baronet, Sir john Lewis Knight and Baronet, Sir Miles Stapleton Knight, James Brooke, Christopher Topham, George Lamplough, George Mancklyns, Richard Hewett, Henry Thompson, Cressey Bournet, Christopher Brery, Henry Tyreman, John Tayler, James Bawtry, Aldermen, Edward Gale, John Bears, Leonard Thompson, Joseph Scot, John Turner, Tobias Jenkins, james Moiser, William Fairefax, Thomas Robinson, Thomas Hutton, Henry Fairefax, Esquires; John Small, Doctor Burwell, Master Etherington, Philip Prince, William Roundle, Thomas Hesketh, George Aisleby, Philip Harbert, Master Snavesdale, Richard Tennant, William Richardson, Richard Rawlinson, Francis Price, John Loftus, John Thompson, George Mangy, Francis Chatterton, Thomas Setterthwaite, Thomas Fairefax, Gentlemen. Kingston upon Hull. For the Town of Kingston upon Hull, the Mayor for the time being, Anthony Gilby, Andrew Marvel, Esquires; William Dobson, Robert Ripley, Robert Berriar, William Foxley, William Ramsden, Christopher Richardson, George Crowle, Richard Robinson, Richard Wilson, William Skinner, Robert Bloome, Richard Francke, Aldermen; Hugh Lister Esquire, the Sheriffs for the time being. WALES. Anglesey. For the County of Anglesey, Robert Lord Viscount Bulkeley of the Kingdom of Ireland, Mark Lord Viscount Duncanon, Thomas Bulkeley Esquire, Sir Hugh Owen Knight and Baronet, Nicholas Bagenal, Thomas Woods, Peirce Lloyd signior, Rowland Bulkeley, William Bold, John Robinson, Griffith Jones of Trevarthin, Hugh Owen, Peirce Lloyd junior, Richard Merich, John Lloyd of Llandegnan, john Griffith of Llanvaythly, john Wynne of Bodewrid, William Bulkely-Brunddy, John Prytherch of Llysdelas, Rowland White, Richard Owen, Hugh Hughes, John Owen of Llanvaythly, Esquires; John Owen of Penrhose, Conisby William, Owen Hughes, Henry Jones, Henry Davies, William Williams of Tre-Arthur, William Lewis, Griffith Lloyd of Treaseth, Edward Price Bodower, Edward Price Trevadog, Howel Lewis, Owen Lloyd of Henbles, John Williams Bodurdin, John Owen Treveilir, Richard Wynne of Penhgkyn, William Hampton, William Wynne of Langold, Gentlemen; the Mayor of Bewmorris for the time being. Brecon. For the County of Brecon, Henry Lord Herbert of Ragland, son and heir apparent to Edward Marquis of Worcester, sir Richard Lloyd Knight, Arthur Trevor Esquire, Edward Progers Esquire of his Majesty's Bedchamber, sir William Lewis, sir Henry William's, sir Herbert Price, Baronet's; William Morgan of Therow Esquire, sir John Herbert Knight, George Gwynne, Milburn Williams, John Jefferies, Lewis Morgan Attorney-General there, Thomas Lewis, Walter Williams, John Stedman, Hugh Powel, William Morgan of Newton, Walter Vaughan, Thomas William's, Edward Powel, James Watkins, Henry Stedman, Meredith Lewis, Thomas Bowen, Esquires; Lewis Gunter, James Williams, William Lloyd of Wernos, Edward Herbert, John Morgan, Daniel Winter, William Saunders, Gentlemen; the Bailiff of Brecon for the time being. Cardigan. For the County of Cardigan, Sir Richard Price Baronet, sir Francis Lloyd Knight, James Lewis signior, John Vaughan, James Stedman, Henry Vaughan, John Jones, James Lewis junior, Edward Vaughan, Erasmus Lloyd, Morgan Herbert, Richard Herbert, Reignald Jenkins, David Lloyd, Hector Phillips, John Lewis, Thomas Jenkins, Esquires; David Evans, Thomas Lloyd of Pus, Abel Griffin, Gentlemen. Carmarthen. For the County of Carmarthen, Francis Lord Vaughan, son and heir apparent to Richard Earl of Carbury in the Kingdom of Ireland, sir John Vaughan Knight of the Bath, sir William Moreton one of his Majesty's Sergeants at Law, Simon Deg Esquire, sir Edward Mansell, sir Rice Rudd, sir William Russel, Baronet's; sir Henry Vaughan Knight, Walter Rice, John Vaughan of Llannelly, Nicholas William's, William Gwynne of Talliaris, John Vaughan of Dertlis, Henry Middleton, James Jones, Penry Vaughan, John Vaughan of Whitehouse junior, Morgan Jones, Philip Vaughan, Thomas Lloyd of Berllan-dowel, Thomas Lloyd of Dan-per-Alt, Owen Brickstock, Thomas Lloyd of Llanlonthog, John Powel junior, Esquires. Town of Carmarthen. For the Town of Carmarthen, the Mayor for the time being, Francis Lord Vaughan, son and heir apparent to Richard Earl of Carbury in the Kingdom of Ireland, sir John Vaughan Knight of the Bath, sir Henry Vaughan Knight, John Vaughan of Llannelly, John Vaughan of Dertlis, Walter Vaughan, Esquires; Thomas Rynon, Anthony Jones, Thomas Jones, Dawkins Goffe., Lewis Jones, John Oakeley, Aldermen. Carnarvan. For the County of Carnarvan, Robert Lord Viscount Bulkley of the Kingdom of Ireland, Robert Roberts, Thomas Bulkley, Esquires; sir Richard Wynne, sir Griffith Williams, sir Roger Mostin, sir Robert Williams, Baronet's; sir John Owen, sir Richard Lloyd, Nicholas Bagnal, Griffith Jones, William Griffith, Witham Vaughan, Owen Griffith, John Bodurda, Maurice Wynne, Hugh Wynne, Thomas Wynne, William Wynne of Llanruda, Hugh Williams, William Buckley, Griffith Bodurda, Edmund Glyn, John Wynne-Berthaur, Timothy Littleton Sergeant at Law, John Jones, John Wynne of Twgyn, William Wynne of Glangranon, Richard Anwill, John Glynn, Thomas Glynn, Richard Glynn, Richard Thomas, John Williams, Thomas Vaughan, William Hooks, Richard Griffith, Owen Wynne of Glasgoed, Richard Kiffin, John Lloyd, Robert Coetmor, John Wynn of Melay, Esquires; John Wynne of Berthanur, Jeffery Williams, John Wynne of Pennarth, Herbert Griffith, John Hooks, William Wynne of Pengwerne, William Williams, Hugh Bodurda, Owen Wynne, William Spicer, William Thomas of Carnarvan, Edward Peirce, Richard Ellis, John Jones of Trevan, Robert Wynne of Keselgovarch, Gentlemen. Denbigh. For the County of Denbigh, John Carter Knight, High Sheriff, Sir Thomas Middleton, sir Richard Wynne, sir John Salisbury, sir Thomas Powel, sir William Meredith, Baronet's; sir Thomas Trevor, Knight and Baronet, sir Richard Lloyd, sir Edward Broughton, sir Robert Agbrow, sir John Wynne, Knights; Roger Puleston, John Trevor of Trevalin, William Owen, William Salisbury, Hugh Wynne, John Wynne, Mutton Davies, Robert Wynne of Voylas, Thomas Jones, Edward Thelwal, William Price, Kenrick Eyton, Thomas Vaughan, Charles Salisbury, John Robinson, Col. Robert Broughton, Bevis Lloyd, John Thelwal, John Edisbury, Charles Middleton, Foulke Middleton, Timothy Middleton, Eubal Thelwal, John Jefferies, Richard Middleton of Llanclin, Robert Price of Geeler, Edward Brereton, Watkin Kiffin, Owen Thelwal, John Trevor of Brinkinnalt, Gabriel Goodman, Humphrey Hughes of Brintanger, David Morris, Richard Wynne of Garthkanan, John Llangford, William Parry, Charles Goodman, John Puleston, Will. Williams, John Lloyd of Bodidrist, Hugh Roberts, Francis Manley, John Lloyd of Llanunis, Hugh Lloyd of Foxal, Esquires; William Jones, John Salisbury of Lewesog, Humphrey Lloyd of Berse, Robert Wynne of Garthewynn, Howel Lloyd, James Thelwell, Robert Griffith of Pendared, John Koydlywrich, Captain Thomas Yale, John Williams of Caredrynydd, Owen Price of Nantmauze, Robert Wynne of Llwyn, Maurice William's of Llanverras, Edward Lloyd of Placemado, Thomas Lloyd of Bersey, Ellis Lloyd of Eglewisig, the two Aldermen of Denbigh, John Hughes, Thomas Matthews, John Jones, Thomas Shaw signior, Robert Salisbury, gentlemans. Flint. For the County of Flint, Sir Thomas Hanmer, sir John Salisbury, sir Henry Conway, sir Roger Mostin, Baronet's; sir John Trevor, sir John Glyn, sir John Hanmer, Knights; John Trevor, Thomas Ravenscroft, Roger Puleston, Robert Davies, Thomas Lloyd, William Hanmer, Roger Whitley, Mutton Davis, William Mostin, John Parry, Robert Whitley, Andrew Ellis Evan Edward's, David Penant, John Eyton, Richard Griffith, Edward Lloyd, Ellis Young, Edward Lloyd, John Broughton, Thomas Humphreys, John Salisbury signior, John Middleton, Thomas Crackley, Eubule Hughes, Charles Jones, Owen Barton, John Lloyd of Fawn, Thomas Mostin, Hugh Penant. Glamorgan. For the County of Glamorgan, Henry Lord Herbert of Ragland, Son and heir apparent to Edward Marquis of Worcester, William Lord Herbert of Cardiff, sir Richard Lloyd Knight, Arthur Trevor Esquire, sir Edward Mansel, sir Edward straddling, sir Edward Thomas, Baronet's; sir John Awbry Knight and Baronet, sir William Lewis, sir Thomas Lewis, sir Richard Basset, Knights; John Greenuff, Evan Seys Sergeant at Law, William Basset Doctor of Laws, Robert Thomas, Miles Button, Thomas Lewis, William Basset of Bewpre, William Herbert of Swansey, Edmond Thomas, Bussy Mansel, Herbert Evans, Thomas Matthew, Humphrey Windham, David Jenkins, Gabriel Lewis, William Thomas, Thomas straddling, Thomas Carne, John Van, John Gibbs, Tho. Thomas, David Matthew, Lamerock straddling, Thomas Evans, Edmond Gammage, Richard Loughers, William Herbert of Killy-Bebel, John Carne, Henry Basset, Edward Herbert of Cogan, David Evans, John Lewellin. Merioneth. For the County of Merioneth, Maurice William's Esquire, High Sheriff, sir Richard Wynne Baronet, sir John Owen, sir Richard Lloyd, sir John Wynne, Knights; William Salisbury, William Price, William Vaughan of Corseggedal, Lewis Lloyd, Howel Vaughan, Maurice Wynne, Vincent Corbet, John Pugh, John Lloyd, Hugh Nanney, Robert Wynne, Roger Mostin, Richard Wynne, Griffith Lloyd, Lewis Owen, William Vaughan of Caithle, john Nanney, Edmond Meirick, Humphrey Hughes, joh. Vaughan, Rowland Vaughan, Rich. Anwil, Ellis Edwards, William. Tueir, joh. Morgan's, Esq john Owen of Hanwooddowilth, Rich. Jones, Anthony Poole, Griffith-Iohn Lewis, Richard Nanney, Gent. Henry Wynne, Morrice Williams, Esquires; Evan Lloyd of Rhiwgech, Richard Lloyd of Carrog, Gentlemen. Montgomery. For the County of Montgomery, sir john Witterong High Sheriff, sir Henry Herbert, Edward Herbert, Andrew Newport, Esquires; sir Matthew Price, sir Richard Corbet, Baronet's; sir Edward Lloyd Knight, john Pursell, Richard Herbert, Richard Owen, Robert Layton, John Blayney, John Pugh, Francis Buller, Charles Salisbury, Edmond Waring, John Price of Park, Roger Mostin, Matthew Morgan, William Penrid junior, Thomas Maurice, Edward Glyn of Glin, Edward Evans of Rhidicorrow, John Whitingham, David Powel, Thomas Juckes, John Mathews the elder, John Mathews the younger, Edward Edward's of Collfrin, John Bladwell, Tho. Wind, Tho. Corbet, Robert Lee, Tho. Jones, Henry Pursell, Vincent Peirce, William Eyton, Richard Mitton, John Kiffin, Francis Fitzherbert, Edward Price of Glanmahely, Robert Griffiths, Arthur Wevor, William Browne, Edward Herbert, Esquires; Evan Vaughan, Llodowick Lewis, john Bright of Mellington, Meredith Lloyd of Brynellen, john Oakley, Rowland Oakley, Edward Wittingham, Samuel Biggs, Humphrey Nicholas, john Lloyd of Coney, Hugh Davyes of Trewilan, Ellis Lloyd, john Bunner, Henry Griffiths of Benthall, Morgan Evans, gentlemans. Haverford West. For the Town and County of Haverford West, The Mayor for the time being, Sir William Moreton Knight, One of His Majesty's Sergeants at Law, Sir John Stepney Baronet, Sir Hugh Owen Knight and Baronet, Rowland Laughorne, William Philips, Richard Walter, George Haward, Thomas Cousins, Esquires; William Williams, Henry Bowen, Lewis Barron, John Williams, William Brown, Aldermen, William Davies, Esquire, John Barlow, John Thomas, Matthew Prynn, William Williams junior, John Lloyd, Richard Jones, Gabriel Wade Gentlemen. Pembroke. For the County of Pembroke, Sir William Moreton Knight, one of His Majesty's Sergeants at Law; Sir Erasmus Philipps, Sir John Stepney, Baronet's; Sir Hugh Owen, Sir John Lort Knights and Baronet's, Sir Harbert Perrott Knight, Griffith Daws, Arthur Owen, Essex Megrick, Rowland Laughorne, Hugh Owen, Lewis Barlow, Hugh Bowen, Henry White, William Philipps, Walter Cuny, James Bowen, Isaac Lloyd, George Haward, William Scoverfield, William Mordant, Thomas Corbert, David Morgan, James Lloyd, George Owen, Esquires, Thomas Warren, Thomas powel, Hugh Laughorne, Thomas Owen, John Mathias, John Laughorne, Thomas Wogan, John Lort, William Owen of Camdog, Thomas Lloyd, John Thomas. Town of Pembroke. For the Town of Pembroke, The Mayor for the time being, Matthew Bowen, Richard Browne, Gentlemen. Town of Tenby. For the Town of Tenby, The Mayor for the time being, Richard Wyatt, Rice Barrow, David Palmer, Gentlemen. Radnor. For the County of Radnor, Sir Richard Lloyd Knight, Arthur Trevor Esquire; Sir Henry Williams, Baronet, Sir Edward Harley, Knight of the Bath, Sir Robert Harley Knight, George Gwyn, Richard Fowler, James Price, Thomas Corbet, Henry Williams, Lewis Morgan, John Wallcott, Thomas Harley, Samuel powel, Nicholas Tayler, Evan Davies, Andrew Philipps, Charles Lewis, Henry Probert, Herbert Weston, James Beck One of His Majesty's Sergeants at Arms, Henry Stedman, Griffith Jones, Hugh powel, Richard Meredith, Thomas Ecleston, Robert Cutler, Esquires, Francis Rickards, John Rickards, Rowland Higgins, Gentlemen; The Bailiff of New-Radnor for the time being, Marmaduke Bull, Gentleman. And be it further Enacted and Declared, That the several Commissioners aforesaid shall meet together at the most usual and common place of meeting within each of the said Counties, How the Commissioners shall meet and divide themselves. Cities, Boroughs, Towns and Places respectively, on or before the tenth day of March now next ensuing; And the said Commissioners, or so many of them as shall be present at the said first General Meeting, or the Major part of them, are hereby authorized and required to put this present Act in execution, according to the best of their judgements and Discretions; and shall then, if they see cause, subdivide and distribute themselves so into lesser numbers, as two or more of the said Commissioners may be appointed for the service of each Hundred, or other Division; and as may best conduce to the carrying on of His Majesty's service hereby required. And for the more effectual performance thereof, Be it Enacted and Declared, Their power within the several Divisions and Hundreds. That the Commissioners at their foresaid first General Meeting, or the Major part of them, shall agree and set down in writing who and what number of the said Commissioners shall act in each of the said Divisions or Hundreds; To the end that there be no failer in any part of the due execution of the service by this Act required. And be it Enacted and Declared by the Authority aforesaid, That the Commissioners within the several Divisions or Hundreds, or any two or more of them, are hereby authorised and required to cause the said several Proportions charged on the respective Divisions, and on every Parish and Place therein, for the said three years' Assessment, to be equally assessed and taxed; And to appoint two or more Assessors in each Parish or Place for the perfecting thereof, who are hereby required with all care and diligence to assess the same equally by a Pound-rate upon all Lands, Tenements, Hereditaments, Annuities, Rents, Parks, Warrens, Goods, Chattels, Stock, Merchandise, Offices, other then judicial and Military Offices, and Offices relating to the Navy, under the Command of the Lord High Admiral, and Offices within His Majesty's Household, Tolls, Profits, and all other Estates both Real and Personal, within the Limits, Circuits and Bounds of their respective Parishes and Places. And be it further Enacted by the Authority aforesaid, 2064●8 l. ●6 s. 08 d. the first three month's payment, how to be paid. That the sum of Two hundred and six thousand four hundred fifty and eight pounds six shillings eight pence, being the first of the said twelve quarterly Payments hereby imposed, shall be assessed, collected, levied and paid in to the Receiver-General of the said several Counties, who shall be appointed by His Majesty; And who are hereby required to transmit, or cause the same to be paid into His Majesty's Receipt of His Exchequer, on or before the first day of May in the year of our Lord, One thousand six hundred sixty and five. The second payment. And the sum of Two hundred and six thousand four hundred and fifty and eight pounds six shillings eight pence, being the second of the said quarterly Payments, on or before the first day of August, in the year of our Lord One thousand six hundred sixty five. The third payment. And the sum of Two hundred and six thousand four hundred and fifty and eight pounds six shillings and eight pence, being the third of the said quarterly Payments, on or before the first day of November, in the year of our Lord One thousand six hundred sixty five. And the sum of Two hundred and six thousand four hundred and fifty and eight pounds six shillings eight pence, The fourth payment. being the fourth of the said quarterly Payments, on or before the first day of February, in the year of our Lord One thousand six hundred sixty five. And the sum of Two hundred and six thousand four hundred and fifty and eight pounds six shillings eight pence, being the fifth of the said quarterly payments, The fifth payment. on or before the first day of May, in the year of our Lord One thousand six hundred sixty six. And the sum of Two hundred and six thousand four hundred and fifty and eight pounds six shillings eight pence, being the sixth of the said quarterly payments, The sixth payment. on or before the first day of August, in the year of our Lord One thousand six hundred sixty six. And the sum of Two hundred and six thousand four hundred and fifty and eight pounds six shillings eight pence, being the seventh of the said quarterly payments, on or before the first day of November, The seventh payment. in the year of our Lord One thousand six hundred sixty six. And the sum of Two hundred and six thousand four hundred and fifty and eight pounds six shillings eight pence, The eight payment. being the eighth of the said quarterly payments, on or before the first day of February, in the year of our Lord One thousand six hundred sixty six. And the sum of Two hundred and six thousand four hundred and fifty and eight pounds six shillings eight pence, The ninth payment. being the ninth of the said quarterly payments, on or before the first day of May, in the year of our Lord One thousand six hundred sixty seven. And the sum of Two hundred and six thousand four hundred and fifty and eight pounds six shillings eight pence, being the tenth of the said quarterly payments, The tenth payment. on or before the first day of August, in the year of our Lord One thousand six hundred sixty seven, and the sum of Two hundred and six thousand four hundred and fifty and eight pounds six shillings eight pence, being the eleventh of the said quarterly payments, on or before the first day of November, The eleventh payment. in the year of our Lord One thousand six hundred sixty seven, and the sum of Two hundred and six thousand four hundred and fifty and eight pounds, The twelfth payment. six shillings eight pence, being the twelfth of the said quarterly payments, on or before the First day of February, in the year of our Lord One thousand six hundred sixty seven. And for the completing of the whole sum charged upon the same; and to the end the aforesaid sums charged upon the several and respective Counties, Cities, Burroughs, Towns and places may be equally and indifferently Assessed, according to the true intent of this Act, and the money duly Collected, The duty of the Assessors. and true account thereof made; the said Assessors are hereby required to deliver one Copy of their respective Assessments fairly written and subscribed by them unto the said Commissioners; and the said Commissioners, or any two or more of them are hereby ordered and required to Sign and Seal two Duplicates of the said Assessments, and the one of them to deliver or cause to be delivered to one or more honest and responsible person or persons to be Subcollector or Subcollectors, Subcollectors for each parish. which the said Commissioners are hereby authorized to nominate and appoint for each Parish or Place, with Warrant to the said Subcollector or Subcollectors to Collect the said Assessment, payable as aforesaid; so as the said several sums may be paid into the said Receivers General, and by them into the Receipt of His Majesty's Exchequer at the respective times aforesaid; and the said Commissioners are hereby required to deliver, Duplicates to be transmitted into the Exchequer. or cause to be delivered the other of the said Duplicates of each Parish or place to the Receiver General of each County, City, Town or place respectively, to be by him the said Receiver-General transmitted into the King's Remembrancers Office in the Exchequer, which the said Receiver General is required to perform accordingly. And be it further Enacted and Declared, That the said Commissioners in their respective Divisions or Hundreds, The Commissioners to nominate a Head Collector for each division. or any two or more of them shall and are hereby empowered to nominate and appoint under their Hands and Seals an honest, able and responsible person to be Head-Collector, unto whom the moneys received by the Subcollectors within the Division or Hundred, shall from time to time be duly paid; And the said Head-Collector is hereby required upon the Receipt thereof, to pay the same forthwith to the Receiver-General of each County respectively. How Collectors and subcollectors shall pay the moneys received. And be it further Enacted and Declared, That the particular Collectors and Subcollectors are hereby required to pay in all and every the sums so received by them to the said Receivers-General aforesaid, who are hereby required forthwith to transmit, or cause to be paid the moneys by them received into the Receipt of His Majesty's Exchequer; And the said Lord Treasurer is hereby Authorised to allow the said Receiver-General of each County, City and Town respectively, Allowances to the Receivers General. in case he hath returned up as aforesaid a Duplicate of the Assessment of each Parish or Place in the County, City or Town, for which he is appointed Receiver-General, a Salary for his pains, not exceeding one penny in the pound, upon the cléering of his Account, which Duplicate so to be returned into the King's Remembrancers Office in the Exchequer, is intended to contain no more than the sums in gross to be collected by each Sub-collector, and the several names of the said subcollectors. And it is hereby further Enacted and Declared, Allowances to subcollectors That the subcollectors of each Parish or Place which shall be appointed by virtue of this Act, shall upon the Collection of the whole sum appointed to be collected by them, and payment thereof as is hereby and before appointed, have and receive for their pains in collecting and paying the moneys, one penny in the pound; which the said several Head-Collectors are hereby authorized to pay unto them, and the several Head-Collectors which shall be appointed by virtue of this Act, shall upon the payment of the whole sum due from their Hundred or Division to the Receiver-General of each County, have and receive for their pains in receiving and paying the said moneys, one penny in the pound, which each Receiver-General is hereby authorised to pay and allow unto them accordingly; and also upon the Receipt of the whole Assessment of the County, City or Town, for which he is appointed Receiver-General, in case he hath received the several Duplicates of each Parish or Place therein, and not otherwise, to allow and pay according to such warrant as shall be in that behalf given by the said Commissioners, or any three of them, one penny in the pound for the Commissioners Clerks, for their pains in fair writing the Assessments, Duplicates and Copies. Provided that no Head-Collectors shall be appointed for any City or Town, which is by this Act particularly charged with the payment of any sum towards the Assessment hereby to be levied; and for which a Receiver-General is to be appointed, excepting within the City of London. And be it Enacted and Declared, How the money may be levied upon persons refusing to pay. That if any Person shall refuse or neglect to pay any sum of money, whereat he shall be rated and assessed, That then it shall and may be lawful to and for the said Collectors, subcollectors, or any of them, who are hereby Authorised and required thereunto, to levy the sum assessed, by Distress and Sale of the Goods of such persons so refusing or neglecting to pay, deducting the sum assessed, and reasonable charges of distraining, and restore the overplus to the Owner thereof. And to break open in the daytime any House, and upon Warrant under the Hands and Seals of two or more of the said Commissioners, any Chest, Trunk or Box, or other things, where any such Goods are, and to call to their Assistance the Constables, Tythingmen and Headboroughs within the Counties, Cities, Towns or places, where any refusal, neglect or resistance shall be made: which said Officers and Forces are hereby required to be aiding and assisting in the premises, as they will answer the contrary at their perils. And if any question or difference happen upon taking of such Distresses between the Parties distressed or distrained, the same shall be ended and determined by the said Commissioners, or any two or more of them. And if any person or persons shall refuse or neglect to pay his or their Assessment, In what case imprisonment may be for lack of distress. and convey his or their Goods, or other personal Estate, whereby the sum of money so assessed cannot be levied according to this Act, than the respective Commissioners, or any two or more of them, are hereby authorised to imprison the person (except a Péer or Péers of this Realm) and him and them in prison to detain and keep, until the money so assessed, and the charges for the bringing in the same be paid and satisfied, and no longer. And the several and respective Tenants or Tenant of all Houses and Lands, Tenants to pay such sums as be rated upon their Landlords. which shall be rated by virtue of this Act, are hereby required and authorised to pay such sum or sums of money as shall be rated upon such House or Lands; and to deduct out of the Rent so much of the said rates as in respect of the said Rents of every such House and Lands the Landlord should or ought to pay and bear. And the said Landlords both mediate and immediate, according to their respective Interests, are hereby required to allow such deductions and payments upon the Receipt of the residue of the Rents. And it is Enacted and Declared, That every Tenant paying the said Assessment, And be acquitted against them for so doing. shall be acquitted and discharged for so much money as the said Assessment shall amount unto, as if the same had been actually paid unto such person or persons unto whom his Rents should have been due and payable. And if any difference shall arise between Landlord and Tenant, The Commissioners may determine differences between Landlords and Tenants about Rates. or any other concerning the said Rates, the said several Commissioners, or any two or more of them in their several divisions, shall and have hereby power to settle the same, as they shall think fit. And if any Person or Persons shall find him or themselves aggrieved in that the Assessors have overrated him or them, and shall within six days after demand made of the sum of money assessed on him or them, complain to two or more Commissioners, whereof one of the Commissioners who signed or allowed his or their Assessment, to be one; The said Commissioners, or any two or more of them, shall have, and have hereby power within twelve days after the demand of the Assessment as aforesaid, to relieve such person or persons, and to charge the same on such other person or persons, as they shall see cause. And in case the proportions set by this Act upon all and every the respective Counties, Cities, Towns and Places, shall not be fully assessed, levied and paid, according to the true meaning thereof; Rates upon persons not of ability or empty houses. or that if any of the said Assessments shall be rated and imposed upon any person not being of ability to pay the same, or upon any empty or void House or Land, where the same cannot be collected or levied; or that through any wilfulness, negligence or mistake, or accident, the said Assessment charged upon each County, City, Town or Place, by virtue of this Act, happens not to be paid to the Receiver-General of the respective Counties, as in this Act is directed, that then in all and every such cases the several and respective Commissioners, Assessors and Collectors aforesaid, and every of them respectively, are hereby authorised and required to assess or re-assess, or cause to be assessed or re-assessed, levied and paid all and every such sum or sums of money upon the respective Counties, Cities, Towns and Places, or upon any of the Divisions, Hundreds, and Parishes therein, as to the said Commissioners, or such number of them as by this Act are authorised to cause the first Assessment hereby required to be made, shall seem most agreeable to equity and justice; the said new Assessment to be made, collected and paid, in such manner, and by such means, as in this Act for this Assessment is delared and directed. The punishment of persons neglecting to perform their duty in execution of this Act. And be it further Enacted and Declared by the Authority aforesaid, That if any Person or Persons shall wilfully neglect or refuse to perform his or their duty in the due and speedy execution of this present Act, the said respective Commissioners, or any Three or more of them, have hereby Power to impose on such Person or Persons so refusing or neglecting their duties, such Fine or Fines as to them shall be thought fit, and to cause the same to be levied by Distress and Sale of his and their Goods. Provided, that no Fine to be imposed by any of the said Commissioners, shall for any one Offence exceed the Sum of Twenty pounds: And that all Fines that shall be imposed by virtue of this Act, shall be paid to the respective Receivers-General, and by them to the Receipt of His Majesty's Exchequer. Collectors and subcollectors receiving money, and not paying the same. And it is further Enacted and Declared, That if any Collector or Sub-collector that shall by virtue of this Act be appointed for the Receipt of any Sum or Sums of Money thereby to be Assessed, shall neglect or refuse to pay any Sum or Sums of Money which shall by him be received as aforesaid, and not pay the same, as in and by this Act is directed, and shall detain in his or their hands any money received by them, or any of them, and not pay the same, as by this Act is directed; the Commissioners of each County, City or Town respectively, or any Two or more of them in their respective Divisions are hereby Authorised and Empowered to imprison the Person, and seize and secure the Estate both Real and Personal of such Collector or Sub-collector to them respectively belonging, or which shall descend or come into the hands or possession of their Heirs, Executors or Administrators, wherever the same can be discovered and found; And the said Commissioners who shall so seize and secure the Estate of any Collector or Sub-collector, shall be, and are hereby empowered to appoint a time for the general Meeting of the Commissioners of such County, City or Town, and there to cause public notice to be given at the place where such Meeting shall be appointed ten days at least before such General Meeting: And the Commissioners present at such General Meeting, or the major part of them, in case the Moneys detained by Collectors or subcollectors be not paid or satisfied as it ought to be according to the Directions of this Act, shall and are hereby empowered and required to sell and dispose of all such Estates, which shall be for the cause aforesaid seized and secured, or any part of them, and satisfy and pay such County and Place the Sum that shall be so detained in the hands of such Collector or Sub-collector, and return the Overplus, deducting necessary Charges to such Collector or Sub-collector, their Heirs, Executors and Administrators respectively. Collectors and subcollectors to be called to give an account to the Commissioners at the expiration of this Act. And it is hereby further Enacted and Declared, That at the expiration of the respective times in this Act prescribed for the full payment of the said quarterly Assessments, the several and respective Commissioners, or any Two of them within their Division and Hundred, shall and are hereby required to call before them the chief Collectors and subcollectors within each respective Division and Hundred, to examine and assure themselves of the full and whole Payment of the particular Sum and Sums of Money charged upon the said Division, Hundred, and every Parish and Place therein, and of the due Return of the same into the hands of the Receivers-General of the said County, City, Town and Place respectively: And by such Receiver-General to the Receipt of His Majesty's Exchequer, to the end there may be no failer in the payment of any part of the Assessment by virtue of this Act to be assessed and paid, nor any Arrearss remain chargeable upon any the said Counties, Cities, Towns or places respectively: And in case of any faileri●n the premises, the said Commissioners, or any Two of them, are hereby to cause the same to be forthwith levied and paid according to the true intent and meaning of this Act. Commissioners concerned in any Controversy, to withdraw and not vote. And it is hereby Enacted and Declared, That in case any Controversy arise concerning the said Assessments, or the dividing, apportioning, or payment thereof, which concern any of the Commissioners by this Act appointed, that the Commissioners so concerned in the said Controversy shall have no Voice, but shall withdraw at the time of the Debate of any such Controversy, until it be determined by the rest of the Commissioners. No exemption of any privileged Place or Person, Fee-Farm Rents. And be it hereby Enacted and Declared, That no Privileged Place or Person, Body Politic or Corporate, within the Counties, Cities and Towns aforesaid, shall be exempted from the said Assessments and Taxes; and that they and every of them, and also all Fée-Farm Rents, and all other manner of Rents, Payments, sums of moneys and Annuities issuing out of any Lands within City or County, shall be liable towards the payment of every sum by this Act to be taxed and levied: And all the Tenants of every Fée-Farm Rent, other Rent, sums of money or Annuities aforesaid, are hereby directed and authorised to pay them proportionably, according to the Rates and Assessments by this Act appointed and directed; And all such Tenants shall be hereby saved and kept harmless by authority of this Act from any further payment of such portion of any such Rent, Rents, Sums or Annuities, either to the Exchequer, or to any other person or persons, to whom any such Rent, Rents, Sums of Moneys or Annuities as aforesaid should or ought to be paid, to all intents or purposes whatsoever, as fully and as amply as if they had paid the same into the Exchequer, or to any person or persons to whom the same is reserved or become due. Provided, Proviso for Colleges and Halls in the Universities, Windsor, Eton, Winton, Westminster, Hospitals, etc. That nothing contained in this Act shall be extended to charge any College or Hall in either of the Universities, or the Colleges of Windsor, Eton, Winton or Westminster, or any Hospitals, for or in respect of the Scites of the said Colleges or Halls, or Hospitals, nor any Master, Fellow or Scholar of any such College or Hall, or in any other Free-Schooles, or any Reader, Officer or Minister of the said Universities, Colleges or Schools, or of any Hospitals or Almshouses, for or in respect of any stipend, wages or profit whatsoever, arising or growing due to them in respect of the said several Places and Employments in the said Universities, Colleges, Schools, Hospitals or Almshouses; nor to Charge any of the Houses or Lands belonging to Christ's Hospital, Saint Bartholomewes', Bridewell, Saint Thomas, and Bethlehem Hospital in the City of London and Burrough of Southwark, or any of them, for or in respect of any Rents or Revenues payable to the said Hospitals, being to be received and disbursed for the immediate use and relief of the Poor in the said Hospitals. Provided, That no Tenants that hold or enjoy any Lands or Houses by Lease, Tenants to be assessed for the over value of their Lands. or any other Grant from any of the said Hospitals, do claim and enjoy any freedom, exemption or advantage by this Act, but that all the Houses and Lands which they so hold, shall be rated and assessed for so much as they are yearly worth, over and above the Rents reserved and payable to the said Hospitals. Provided also, London. That where any Person inhabiting within the City of London hath his dwelling house in one of the Parishes or Wards therein, and hath any Goods, Wares or Merchandise in one or more of the other Parishes or Wards within the same, that then such Person shall be charged, taxed and assessed for such his Goods or Merchandise in the Parish or Ward where he dwelleth, and not elsewhere in the said City. Provided nevertheless, That no Clause or Proviso in this Act shall extend to the lessening or abatement of the full sum by this Act appointed to be taxed, levied and paid, There shall be no abatement of the full sum in this Act. but that the same be fully assessed, taxed, levied, collected and paid in the several and respective Counties, Cities and Towns aforesaid, in such manner and form, and to such uses as herein before mentioned and declared. And that the several and respective Commissioners, The Commissioners to give account to the Lord Treasurer. and every of them shall from time to time give a true and perfect account of all their do and proceed in the execution of this Act to the said Lord Treasurer, or to other such Persons as His Majesty shall appoint. Provided always, and be it hereby Enacted and Declared, Assessing by a pound-rate. That in case the way or manner of assessing by a Pound-rate shall prove any way prejudicial or obstructive to the said speedy bringing in of the Assessment, or any part thereof appointed by this Act, that then, and in all such cases the respective Commissioners, or any two of them, are hereby authorized to order and direct their respective Assessors, who are hereby required to proceed accordingly, to assess the respective Sums charged on the respective Counties, Cities and Burroughs, Towns and places mentioned in this Act, according to the most just and usual way of Rates held and practised in such Counties, Cities, Burroughs, Towns and places respectively, Any thing in this Act to the contrary thereof contained in any wise notwithstanding. Provided always, That nothing in this Act contained shall be construed to alter, change, determine, Contracts and Covenants between Landlord and Tenant. or make void any Contracts, Covenants or Agréements whatsoever between the Landlord and Tenant touching the payment of Taxes or Assessments, any thing herein before mentioned to the contrary notwithstanding. Provided always, and be it further Enacted and Declared by the Authority aforesaid, All places and divisions to be rated as formerly. That for the avoiding of all obstructions and delays in collecting the sums by this Act to be rated and assessed, all Places, Constablewicks', Divisions and Allotments which have used to be rated and assessed, shall pay and be assessed in such County, Hundred, Rape and Wapentake, as the same hath heretofore usually been assessed in, and not elsewhere. 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, Persons sued for executing this Act, may give the general issue in Evidence. such person or persons so sued in any Court whatsoever, shall or may plead the General Issue, Not Guilty: And upon any Issue joined, 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 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. Treble-Costs Proviso for Salop and Stafford. Provided always, That nothing in this Act shall extend or he construed to invalidate a Decree lately made in the high Court of Chancery for the quieting of Suits between the Counties of Salop and Stafford; and for the settling all future Payments to be imposed on certain Lands in Sheriff-Hales with the County of Salop; Sheriff-Hales. And for exempting the said Lands from paying hereafter with the County of Stafford: But that the said Decree shall remain in such (and no other) force as it did before the making of this Act, any thing herein to the contrary notwithstanding. Provided always, and be it Enacted by the Authority aforesaid, That all Spiritual Promotions, and all Lands, Spiritual promotions and lands, etc. Possessions or Revenues annexed to, and all Goods and Chattels growing or renewed upon the same, or elsewhere appertaining to the Owners of the said Spiritual Promotions, or any of them, which are or shall be charged or made contributory by this Act towards the Payments aforesaid during the time therein appointed, shall be absolutely freed and discharged from the two last of the four Subsidies granted by the Clergy to His Majesty, His Heirs and Successors, by an Act made in a former Session of this present Parliament, Entitled, An Act for confirming of four Subsidies granted by the Clergy: 15 Car. 2. cap. 10. Any clause or thing in the said Act to the contrary notwithstanding. Head-collectors shall give acquittances without fee. Provided always, and be it Enacted by the Authority aforesaid, That the several Head-Collectors which shall be appointed according to this Act, shall from time to time at every Payment appointed thereby, give unto the several subcollectors within their respective Precints, upon the Payment of the whole Sum due at such times of Payment from their respective Parishes, Constablewicks', or places within each of their Collections, several Acquittances under their Hands, without taking any thing for the same. And that in like manner at every time of Payment appointed by this Act, Receiver-General. the Receiver-General of each County shall give unto the several Head-Collectors aforesaid upon the Payment of the whole Sum due for their Hundred or Division respectively, at each time of Payment aforesaid, several Acquittances under their Hands and Seals, without taking any thing for the same; which said Acquittances of the Head-collectors shall be a full and perfect Discharge to the subcollectors; And the said Acquittances of the Receiver-General shall be a sufficient Discharge to the Head-collectors, and to such Hundred, Division, Constablewick, Parish or place respectively, and to every person charged within the said subcollectors 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 always, 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, rendering the Overplus to the Owner or Owners of such distress. And the said Collector, Constable or Tythingman is hereby enjoined to distribute the money raised by the said Distress or Sale thereof proportionably to the Parties who contributed to the Tax of the said unoccupied Lands. Woodlands. Provided always, 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, rendering the overplus, if any be, to the Owner; Any Law to the contrary notwithstanding. Tithes, Tolls, Markets, Fairs, Fisheries, etc. Provided always, and be it further Enacted, That where any Tax or Assessment shall be charged or laid upon any Tithes, Tolls, Profits of Markets, Fairs or Fishery, or other annual profits not distrainable, in case the same shall not be paid within fifteen days after such Assessment so charged or laid and demanded, than 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 Tithes, 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 nonpayment thereof, rendering the overplus to the Owner, if any be. Middlesex, Westminster. And whereas the County of Middlesex and City of Westminster are raised in the Monthly 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 several 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 Westminster, 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 Westminster, 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 three of them, to receive the same, two or three days 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 General 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 virtue of this present Act, which the said Commissioners, or the major part of them then and there assembled, are by virtue 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 Universities, or unto any Colleges, Schools, Almshouses, Hospitals or Cinque-Ports. CAP. II. The Measures and Prices of Coals regulated. FOr avoiding the manifold deceits, Deceits and ●xations in selling of Coals. exactions and abuses used in the Measures and Sales of Coals, 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 ●●xty four, all sorts of Coal, commonly called Sea-Coals, brought into the River of Thames, and sold, shall be sold by the Cauldron, Sea coal measure. containing Thirty six Bushels heaped up, and according to the Bushel Sealed 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 the Coals which shall be otherwise sold or exposed to sale by any Woodmonger or Retailer of Coals, and the double value thereof to be recovered by any person or persons that will prosecute for the same in any Court of Record, or by way of complaint made unto the Lord Mayor of London for the time being, and justices of Peace within the City of London and Liberties thereof, or to any two of them, or to the justices of Peace of the several and respective Counties and Places where such Coals shall be exposed to sale, or any of them; who are hereby Empowered and Required to call the Parties before them, and to hear and examine such Complaint upon Oath, which by virtue of this Act is to be administered by them, or any Two of them, and upon due proof thereof made to their satisfaction, to Convict the Offenders and to give Warrant under their Hands and Seals for levying the Forfeitures accordingly, the one half thereof to be to and for the use of the person or persons so prosecuting or complaining, and the other half to and for the use of the Poor, or repairing of the Highways within the same Parish, or any other adjoining Parish or Parishes, to be appointed and apportioned by the direction of the said Lord Mayor and justices, by such their Warrant as aforesaid. And the said Lord Mayor of London, and the Court of Aldermen for the time being, Who may set Rates upon Coals in London. and the justices of Peace of the several Counties respectively, or any three or more of them, whereof one to be of the Quorum, are hereby empowered to set the Rates and Prizes of all such Coals as shall be sold by Retail, as they from time to time shall judge reasonable, allowing a competent profit to the said Retailer, beyond the price paid by him to the Importer, and the ordinary charges thereupon accrueing. And that if any Engrosser or Retailer of such Coals shall refuse to sell as aforesaid, Engrossers or Retailers refusing to ●ell at the said Rates. That then the said Lord Mayor and Aldermen, and justices of Peace respectively, are hereby authorised to appoint and empower such Officer or Officers, or other persons as they shall think fit, to enter into any Wharf, or other place where such Coals are stored up; And in case of refusal, taking a Constable, to force entrance, and the said Coals to sell, or cause to be sold at such Rates as the said Lord Mayor and Aldermen and justices respectively shall judge reasonable, rendering to such Engrosser or Retailer the money for which the said Coals shall be so sold, necessary charges being deducted. The continuance of this Act. Provided, That this Act shall continue for three years' next ensuing, and thenceforth to the end of the next Session of Parliament, and no longer. Provided also, That no person or persons that shall be sued by virtue of this Act for not observing thereof, shall be sued upon any other Act or Law now in force for the same offence: And if any Action shall be commenced against any justice of Peace, Persons sued upon this Act may plead the general issue. Constable, or other Officer or Person for any thing done by colour of this Act, the Defendant in every such Action may plead the general Issue, and give the special matter in Evidence: And if the Verdict be found for him, or the Plaintiff become Nonsuited, shall recover and have his Damages and double Costs of suit for his unjust Vexation in that behalf. Who may not act in setting Rates upon Coals. Provided always, That no Person having any Interest in any Wharf used for the receiving or uttering of Coals, or that doth, or shall Trade by himself or others, in his own, or any other name, in the sale of any Coals, or the Engrossing the same, in order to sell the same, and not for his own private use only, shall act or otherwise intermeddle in the setting the Price of Coals; Any thing in this Act to the contrary in any wise notwithstanding. CAP. III. For the Returning of able and sufficient Jurors. FOr the returning of more able and sufficient jurors for Trials hereafter to be had between Party and Party, and for reformation of abuses in Sheriffs and other Ministers, who for reward do oftentimes spare the ablest and sufficientest, and return the poorer and simpler Fréeholders, less able to discern the Causes in question, and to bear the charges of appearance and attendance thereon. 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, jurors for trials of issues shall have 20 l. per annum Freehold. That all jurors (other than Strangers, upon Trials per medietatem linguae) who are to be returned for the Trials of Issues, joined in any of the King's Majesty's Courts of King's Bench, Common-Pleas, or the Exchequer, or before justices of Assize, or Nisi Prius, Oyer, and Terminer, Gaol-Delivery, or General or Quarter-Sessions of the Peace, from and after the twentieth day of April, which shall be in the year of our Lord, One thousand six hundred sixty five, in any County of this Realm of England, shall every of them then have in their own name, or in trust for th●● within the same County, twenty pounds by the year at least above reprises, in their own, or their wives right, of Lands, or of ancient Demesne, or of Rents in Fee, Fee-tail, or for life. And that in every County within the Dominion of Wales, every such juror shall then have within the same eight pounds by the year, at the least above reprises in manner aforesaid. All which Persons, having such Estate as aforesaid are hereby enabled and made liable to be returned, and to serve as jurors for the Trial of Issues before the justice's aforesaid, Any Law or Statute to the contrary in any wise notwithstanding. And if any of a lesser Estate and value shall be respectively returned upon any such jury, or Tales in default of such jurors, it shall be a good cause of Challenge, and the Party returned shall be discharged upon the said Challenge, or his own Allegation and Oath thereof. And that no jury-mans' Issues making default shall be saved, but by special Order of the judge or judges before whom the Issue is to be tried, Issues of jurors upon default. for some just and reasonable cause proved upon Oath before the same judge or judges. And all such Issues shall be duly estreated and levied: The Ven' fac. And that the Writ of Venire facias which from and after the aforesaid time shall be awarded and directed for the impannelling of juries in cases aforesaid within any County of England, shall be in this form: Rex, etc. Praecipimus, etc. quod venire fac. coram, etc. duodecem liberos & legales homines de vicineto de A. Quorum quilibet habeat viginti libras terrae, tenementorum vel reddit. per annum ad minus, per quos, etc. & qui nec, etc. And the residue of the said Writ shall be after the ancient manner. And that those Writs which shall be awarded and directed for Returning of juries within the Dominion of Wales shall be made in the same manner, altering only the word Viginti into Octo. And that upon every such Writ and Writs of Venire facias, Wales. the Sheriff, Coroner, or other ministers of each respective County in England and Wales, Penalty upon the Sheriff, etc. unto whom the making of the Panel shall appertain, shall not return in any such Panel any person, unless he shall then have Twenty pounds, or Eight pounds respectively by the year at least as aforesaid in the same County where the Issue is to be tried, upon pain to forfeit for every person being returned in any such Panel that shall not then have Twenty pounds or Eight pounds respectively, as is aforesaid, the sum of Five pounds to His Majesty, His Heirs and Successors. And for the better enabling the Sheriff of every County to know the value of the Estates of such persons as are by the true intent and meaning of this Act to be returned for jurymen; Be it further Enacted, How the Sheriff shall find out persons fit to be returned for jurymen. That every Sheriff shall on the first day of every General Quarter-Sessions yearly held next after the Feast of Easter, deliver, or cause to be delivered unto the justices of Peace sitting at the same Sessions the names of all persons of such Estates as are by the true meaning of this Act to be returned for jurymen, to the end the Estates of such persons may be enquired after, and such persons approved of by the said justices of Peace, or the greater number of them then present, to be persons of such Estates to be returnable for jurymen for the year than next ensuing. And the said justices shall have power to add such persons having Estates of the respective values before mentioned, as they shall find to be omitted by the Sheriff amongst the names by him delivered; and such competent number, and no more of such persons as aforesaid shall be returnable to serve of juries for the year next ensuing, as the said justices, or the greater number of them as aforesaid shall think fit. And that no Sheriff shall incur the penalty aforesaid for returning any of the persons so approved or added by the justices, in case his Estate fall out to be of less value then aforesaid. And it is further Enacted, That no Sheriff or Bailiff of any Liberty or Franchise, What time summons aught to be before appearance. or any of their, or either of their Ministers shall return any such person or persons as aforesaid, to have been summoned by them, or any of them, unless such person or persons shall have been duly summoned by the space of six days at the least before the day on which they ought to make their appearance; And have left with or for such persons in writing the names of all the parties in those Causes wherein they are to serve as jurors; Nothing may be taken to excuse appearance. The Penalty. nor shall directly or indirectly take any money or other reward, to excuse the appearance of any juror by them, or any of them to be summoned or returned, upon pain to forfeit for every such offence the sum of Ten pounds: Saving to all Cities and Towns Corporate their ancient Usage of returning jurors of such Estate, and in such manner as heretofore hath been used and accustomed. And be it further Enacted by the Authority aforesaid, That from henceforth upon Writs of Venire facias issued out and returned within the County-Palatine of Lancaster, County-Palatine of Lancaster. as of the same Assizes wherein the Issues are said to be joined, Writs of Habeas Corpora or Distringas shall be sued out, like as is used in all other Counties within this Kingdom, returnable at the then next Assizes. And the Sheriff thereupon to return such Issues as is or aught to be done by the said Sheriffs of the said other Counties, and those Issues to be duly estreated as above is provided. And the better to cause and bring jurors to appear upon Trials at Assizes within the said County-Palatine of Lancaster, Be it further Enacted by the Authority aforesaid, That the Sheriff of the same County-Palatine of Lancaster for the time being, shall from henceforth cause twelve good and lawful men so qualified, as before in this Act is appointed, out of every of the six Hundreds within the said County-Palatine, to be duly summoned or warned ten days at the least before the beginning of every Assizes, to be and appear the first day of the then next Assizes, and there to attend during the same Assizes to perform their duty and service to the Court as jurors or jurymen in such Causes between party and party, wherein they shall be respectively returned and impanelled, upon pain that every of them that shall make default to appear and attend at, and during the said Assizes, to forfeit Ten pounds to the use and behoof of the Poor of the Town where such person or persons so making default doth inhabit and live; the same to be levied, recovered and had, in such manner and ways as other Issues of jurors use to be levied. Provided, That this Act shall continue and stand in force for the space of Three years, The continuance of this Act. and from thence to the end of the next Session of Parliament, and no longer. CAP. IU. An Additional Act for the better Ordering and Collecting the Duty of EXCISE. FOr the better Ordering and Collecting the Duty of Excise, Be it Enacted and Declared by the Kings most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and the Commons in this present Parliament Assembled, and by the Authority of the same, That from and after the eighth day of November, Powers given to Farmers of Excise. which shall be in the year of our Lord, One thousand six hundred sixty and five, all Farmers of Excise, or any of them, within the several Circuits and Divisions of their respective Farms, shall and are enabled hereby to exercise and put in Execution all such Powers and Authorities which the Commissioners or Sub-Commissioners of Excise are enabled to do and execute by the several Acts and Statutes of Excise, for the levying, raising, receiving and managing of the said Revenue of Excise; 12 Car. 2. cap. 24. 15 Car. 2. cap. 11. & cap. 12▪ Except the judicial part of hearing and determining all breaches and offences against the Laws of Excise, and of imposing, mitigating or compounding of Fines or Penalties. CAP. V. Delays in extending Statutes, Judgements and Recognizances prevented. Security by Statute Merchant and of the Staple. Whereas the Security by Statute-Merchant and of the Staple is now become of little use and benefit by the fraud of the Conusors' thereof in sundry Cases, who, to prevent the payment of their Debts, secretly assign small parts of their Lands to several and unknown persons: And it having been used, that if the Creditor take Execution on such Statute; yet if the Lands of any one or more person or persons, to whom such alienation was made and liable to such Execution, be omitted out of such extent; The same execution hath been avoided by Audita Quaerela, Executions avoided by Audita Quaerela. and the party extending lost his Costs, and was delayed of his just Debt; and so again upon any new extent toties quoties. And if any one Acre or Parcel of Land happened to descend to an Infant, the whole execution was deferred till full age of such Infant; And if afterwards other part of the Lands or Tenements liable to such Debt descended to another Infant, than also a farther delay happened during that Infancy also. 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, For what causes extents upon judgements or Statutes shall not be avoided or delayed. and by the Authority of the same, That when any judgement, Statute or Recognizance shall be extended, the same shall not be avoided or delayed by occasion that any part of the Lands or Tenements extendible are or shall be omitted out of such extent; saving always to the Party and Parties whose Lands shall be extended, his and their Heirs, Executors and Assigns, his and their remedy for contribution against such person and persons, whose Lands are or shall be omitted out of such extent from time to time. Proviso for Heirs within age. Provided always, that this Act, or any thing therein contained, shall not be construed to give any Extent or Contribution against any Heir within the age of one and twenty years, during such Minority of such Heir, for or in respect of any Lands to such Heir descended, farther or otherwise then might have been before the making of this Act. To what statutes and extents only this Act shall extend. The continuance of this Act. Provided that this Act extend only to such Statutes as are or shall be for payment of Moneys; And to such extent as shall be within twenty years after the Statute, Recognizance or judgement had and obtained. Provided that this Act shall continue for the space of three years, and from thence to the end of the next Session of Parliament, and no longer. CAP. VI Part of an Act of Parliament, Entitled, An Act directing the prosecution of such as are accountable for prize-good repealed. 14 Car. 2. cap. 14. Directions for recovery of prize-good not accounted ●or. WHereas by an Act made in this present Parliament, entitled, An Act directing the prosecution of such as are accountable for prize-good; It is amongst other things Enacted, That all and every Admirals, Vice-admirals', Captains of Ships, Officers and Mariners that did surprise, or receive to, or for the public use, or by pretence thereof, any Ships, Plate, jewels, Bullion, Money, Silver, Gold, Arms, Ammunition, Waxes, Merchandizes, or any manner of Goods whatsoever, seized or taken for Prize, betwixt the thirtieth of January, One thousand six hundred forty two, and the nine and twentieth day of May, One thousand six hundred sixty; And that had not at the making of the said Act truly Accounted for and paid in the same, or the just Provenues thereof, should be chargeable to His Majesty for the said premises, and convened and sued for in His Majesty's Court of Admiralty, and called to account, or otherwise by such Suit, and in such manner as should be most available to His Majesty. And in case of defect of jurisdiction in the said Court of Admiralty, then upon Certificate thereof from the said Court of Admiralty made into His Majesty's Court of Exchequer, speedy proceed were to be had in the said Court of Exchequer, for the recovering and levying of the Prizes, Goods, matters and things, as by the said Act, relation being thereunto had more plainly, fully, and at large appears: Whereupon divers Captains and Officers of His Majesty's Fleets, and several others the Commanders, Officers and Mariners, employed in the Sea-service, have been sued, or may possibly be sued concerning the several Prizes and prize-good by them heretofore seized and taken at Sea, or in Ports, since the Month of January, One thousand six hundred forty two, and before the twenty ninth of May, One thousand six hundred sixty, contrary to the grace and favour extended towards them, not only in and by His Majesty's most gracious Act of Free and general Pardon, Indemnity and Oblivion; but also by a Proclamation since made by His Majesty, bearing Date the Fourteenth day of July, One thousand six hundred sixty two, in the Fourteenth year of His Majesty's Reign, Declaring His Majesty's grace and favour towards all Commanders and Seamen, in relation to Prizes and prize-good, seized and taken, since the month of January, One thousand six hundred forty two, until the nine and twentieth of May, One thousand six hundred sixty: His Majesty thereupon willing, that His Grace and Favour towards all Admirals, Vice-admirals', Commanders, Seamen and Mariners should take its full effect; And being fully satisfied of their dutiful affections unto His Majesty's Royal Person and Government; and for their future encouragement to persevere loyally in His Majesty's Service, is most graciously pleased 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 Commons in this present Parliament assembled, 14 Car. 2. cap. 4. Repealed as to all Admirals, Officers, Mariners and Soldiers at Sea. and by the Authority of the same, That the said Act, entitled, An Act for directing the prosecution of such as are accountable for prize-good, and all and every Branches, Clauses, Powers and Articles, and every matter and thing therein contained, for so much only, and as for and concerning all and every Admirals, Vice-admirals', Captains of Ships, Officers of Ships or Vessels, Seamen and Mariners, and every of them, shall be and is hereby from henceforth repealed, annulled, and made void, and of no effect, to all intents and purposes whatsoever: And that all and singular Process and proceed whatsoever, which before this time have been, now are, or may be at any time hereafter had, sued forth and prosecuted in any of His Majesty's Courts at Westminster, or in the High Court of Admiralty of England, or elsewhere, within any His Majesty's Dominions, against any Admirals, Vice-admirals', Captains of Ships, Officers of Ships or Vessels, Seamen and Mariners, or any of them by force and virtue of the said Act, or any Article or Clause therein contained, be forthwith and for ever hereafter superseded, surceased, stayed and discharged; And that none of the said Admirals, Vice-admirals', Captains or Officers of Ships or Vessels, Seamen or Mariners, shall from henceforth by virtue, force or colour of any Process or proceed whatsoever in any of His Majesties said Courts, or elsewhere, be in any wise Arrested, disquieted, questioned or troubled, either in their Persons, Lands or Goods, for or by reason of the said Act, or any thing therein contained; But that all and every the said Admirals, Vice-admirals', Captains and Officers of Ships or Vessels, and all Seamen and Mariners, and every of them, shall by virtue of this Act stand, and be for ever discharged and acquitted in all Courts and Places, and of and from all Suits and Proceed whatsoever sued or begun, or to be sued or begun against them, or any of them, for any manner of Prizes, Ships or Goods whatsoever by them, or any of them seized, surprised, or any ways taken, betwixt the said thirtieth of January, One thousand six hundred forty two, and the nine and twentieth of May, One thousand six hundred sixty; and of and from all Accounts, Troubles, Articles and Suits whatsoever concerning the same: And that this Act shall be taken and expounded in the most large and beneficial manner for the said Admirals, Vice-admirals', Commanders, Captains and Officers of Ships and Vessels, and Seamen and Mariners, and every of them, and for their best advantage for the final, free and absolute acquitting and discharging of them, and every of them, of and from all the said Prizes, and every part thereof, and all Ships and Vessels and Goods whatsoever, or of what nature or kind soever, by them, or any of them seized, surprised, or in any sort taken, betwixt the said thirtieth of January, One thousand six hundred forty two, and the said nine and twentieth of May, One thousand six hundred sixty. Provided always, And be it Enacted, That this Act, or any thing therein contained, The said Act not repealed as to any Collectors, Treasurers, etc. of such prize-good. shall not extend or be construed to extend to discharge any other persons whatsoever, but only the said Admirals, Vice-admirals', Commanders, Captains of Ships, and Officers of Ships or Vessels, and Seamen and Mariners; but that all and every Collectors and Treasurers, Subcollectors and Vnder-Treasurers of prize-good, Commissioners, and Sub-Commissioners of prize-good, and all and every their Cashiers, Deputies, Officers and Receivers, other than such person or persons who are discharged by the Act of Free and General-Pardon, Indemnity and Oblivion, that have not yet truly accounted or paid in the Provenues of the Prizes, or Moneys arising thereout, seized, or taken betwixt the said thirtieth of January, One thousand six hundred forty two, and the said nine and twentieth of May, One thousand six hundred sixty, and all and every other person and persons, by whom, or to whom, or to, or for whose use any Prizes or Prize-Ships, Plate, jewels, Arms, Ammunition, Wares, Merchandizes, or any manner of Goods whatsoever, seized or taken for Prize, betwixt the said thirtieth of January, One thousand six hundred forty two, and the said nine and twentieth of May, One thousand six hundred sixty, were disposed or sold, or to whose hands they came, and who had and enjoyed the same, or any part thereof, and are still behind, and have not paid in the moneys contracted for, and arising, or due upon such Sales or Dispositions, or any of them; and all securities by them and every of them given for, or touching the premises, or any thing concerning the said Prizes, or any of them, shall be chargeable to Your Majesty for the said premises, and all the dependencies thereof respectively, in the said Court of Admiralty or Exchequer, and shall be proceeded upon in the said Court of Admiralty or Exchequer in Your Majesty's Name, and to and for Your Majesty's use according to the said Act, directing the prosecution of such as are accountable for prize-good, and as fully and entirely, as if this Act had never been; Any thing in this present Act notwithstanding. CAP. VII. A former Act for Regulating Printing continued. BE it Enacted by the Kings most Excellent Majesty, by and with the Consent of the Lords Spiritual and Temporal, and Commons in this present Parliament assembled, That an Act made in the fourteenth year of the Reign of Our Sovereign Lord the King that now is, Entitled, An Act for preventing abuses in Printing Seditious, Treasonable and unlicensed Books and Pamphlets, and Regulating of Printing and Printing-Presses, shall be continued, and remain in force until the end of the next Session of Parliament, continued 17 Car. 2. cap. 4. CAP. VIII. Arrests of Judgement, and superseding Executions prevented. WHereas great delay, trouble and vexation hath been, and still is occasioned to the people of this Realm, as well by arresting and reversing of judgements, as by staying Executions by Writs of Error and Supersedeas. For remedy thereof, 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 if any Verdict of Twelve men shall be given in any Action, In what court and cases judgement after verdict shall not be stayed for default of form in pleading. Suit, Bill or Demand to be commenced from and after the Five and twentieth day of March, which shall be in the year of our Lord, One thousand six hundred sixty and five, in any of His Majesty's Courts of Record at Westminster, or in the Courts of Record in the Counties-Palatine of Chester, Lancaster or Durham, or in His Majesty's Courts of the Great Sessions in any of the twelve Shires of Wales, judgement thereupon shall not be stayed or reversed, for default in form, or lack of form, or by reason that there are not Pledges, or but one Pledge to prosecute returned upon the Original Writ, or because the Name of the Sheriff is not returned upon such Original Writ, or for default of entering Pledges upon any Bill or Declaration, or for default of alleging the bringing into Court of any Bond, Bill, Indenture, or other Deed whatsoever mentioned in the Declaration, or other Pleading, or for default of Allegation of the bringing into Court of Letters Testamentary, or Letters of Administration, or by reason of the omission of Vi & armis, or Contra pacem, or for or by reason of the mistaking of the Christian Name or Surname of the Plaintiff or Defendant, Demandant or Tenant, sum or sums of Money, Day, Month or Year, by the Clerk in any Bill, Declaration or Pleading, where the right Name, Surname, Sum, Day, Month or Year, in any Writ, Plaint, Roll, or Record preceding, or in the same Roll or Record where the Mistake is committed, is or are once truly and rightly alleged, whereunto the Plaintiff might have demurred and shown the same for Cause; nor for want of the Averment of Hoc paratus est verificare, or Hoc paratus est verificare per Recordum, or for not alleging Prout patet per Recordum, or for that there is no right Venue, so as the Cause were tried by a jury of the proper County or Place where the Action is laid: Nor any judgement after Verdict, Confession by Cognovit Actionem, or Relicta verificatione, shall be reversed for want of Misericordia, or Capiatur, or by reason that a Capiatur is entered for a Misericordia, or a Misericordia is entered where a Capiatur ought to have been entered: Nor for that Ideo concessum est per Curiam is entered for Ideo consideratum est per Curiam; nor for that the Increase of Costs after a Verdict in an Action, or upon a Nonsuit in Replevin are not entered to be at the request of the party for whom the judgement is given; nor by reason that the Costs in any judgement whatsoever are not entered to be by consent of the Palintiff: but that all such Omissions, Variances, Defects, and all other matters of like nature, not being against the right of the matter of the suit, nor whereby the Issue or Trial are altered, shall be amended by the justices or other judges of the Courts where such judgements are or shall be given, or whereunto the Record is or shall be removed by Writ of Error. Proviso for Appeals, Indictments, Actions upon penal Laws, other then for Customs and Subsidies. Provided always, and be it further Enacted by the Authority aforesaid, That this Act, or any thing therein contained, shall not extend to any Writ, Declaration, or suit of Appeal of Felony or Murder, nor to any Indictment or Presentment of Felony, Murder, Treason, or other matter, nor to any Process upon any of them, nor to any Writ; Bill, Action or Information upon any penal Statute, other then concerning Customs and Subsidies of Tonnage and Poundage; Any thing in this Act contained to the contrary thereof in any wise notwithstanding. And be it further Enacted by the Authority aforesaid, That from and after the Twentieth day of March, III. In what cases execution shall not be stayed by Writ of Error, but upon Recognizance entered according to ● Jac. cap. 8. in the Year of our Lord One thousand six hundred sixty and four, no Execution shall be stayed in any of the aforesaid Courts by Writ of Error or Supersedeas thereupon, after Verdict and judgement thereupon, in any Action personal whatsoever, unless a Recognizance with Condition according to the Statute made in the Third year of the Reign of our late Sovereign Lord King James shall be first acknowledged in the Court where such judgement shall be given. And further, That in Writs of Error to be brought upon any judgement after Verdict in any Writ of Dower, or in any Action of Ejection● Firmae, no execution shall be thereupon or thereby stayed, unless the Plaintiff or Plaintiffs in such Writ of Error shall be bound unto the Plaintiff in such Writ of Dower or Action of Ejectione firmae in such reasonable sum as the Court to which such Writ of Error shall be directed shall think fit, with Condition, that if the judgement shall be affirmed in the said Writ of Error, or that the said Writ of Error be discontinued in default of the Plaintiff or Plaintiffs therein, or that the said Plaintiff or Plaintiffs be nonsuit in such Writs of Error, that then the said Plaintiff or Plaintiffs shall pay such Costs, Damages, and sum and sums of Money as shall be awarded upon or after such judgement affirmed, Discontinuance or Nonsuit had. And to the end that the same sum and sums, and damages may be ascertained, Proviso touching judgement in Dower and Ejectione firmae. It is further Enacted, That the Court wherein such Execution ought to be granted, upon such Affirmation, Discontinuance or Nonsuit, shall issue a Writ to inquire as well of the mean profits as of the damages by any Waste committed after the first judgement in Dower, or in Ejectione firmae; And upon the Return thereof, judgement shall be given, and Execution awarded for such Mesne-profits, and damages, and also for Costs of Suit. Provided, That this Act nor any thing therein contained, shall not extend to any Writ of Error to be brought by any Executor or Administrator, nor unto any Action popular, To what actions this Act shall not extend. nor unto any other Action which is or hereafter shall be brought upon any Penal Law or Statute (except Actions of Debt for not setting forth of Tithes) nor to any Indictment, Presentment, Inquisition, Information or Appeal; Any thing herein before expressed to the contrary thereof in any wise notwithstanding. Provided always, That this Act shall continue in force for three years, The continuance of this Act. and to the end of the next Session of Parliament after the expiration of the said three years, and no longer. CAP. IX. The Chancellor of the Duchy empowered to grant Commissions for taking Affidavits within the Dutchy-Liberties. FOr the greater ease and benefit of the Inhabitants within the County Palatine of Lancaster▪ and other places within several other Counties of this Kingdom within the Survey of the Court of Dutchy-Chamber at Westminster in the taking of Affidavits in the County to be made use of, and read in Causes depending and to be depending within the said Court, 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 the Chancellor of the said Duchy and County Palatine of Lancaster for the time being, shall and may by one or more Commission or Commissions from time to time, as need shall require, empower what, and as many persons as he shall think fit and necessary within the said County Palatine and other Duchy Liberties, to take and receive all and every such Affidavit or Affidavit's as any person or persons shall be willing and desirous to make before any of the persons so empowered, in or concerning any cause, matter or thing depending, or hereafter to be depending in the said Court of Dutchy-Chamber, as Masters of Chancery in Extraordinary do use to do, which said Affidavits shall be filled in the Office of the Clerk of the Court of the Duchy, and then be read and made use of in the said Court to all intents and purposes, as other Affidavits taken in the said Court now are. Provided, That for the taking of every such Affidavit the person or persons so empowered, and taking the same, shall for so doing, receive only the Sum or Fee of Twelve pence, and no more. CAP. X. An Act for Repairing the Highways within the County of Hertford continued. WHereas by a late Act of Parliament, Entitled, An Act for repairing the Highways within the Counties of Hertford, Cambridg and Huntingdon, It was Enacted, 15 Car. 2. c. 1. That for the Repairing of the ancient Highway 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 justices of the Peace at their Quarter Sessions in the respective Counties shall before the expiration of eleven years, adjudge the said Repairs to be sufficiently done, that from thenceforth it should cease. And whereas divers Gentlemen within the County of Hertford have hearty 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 proceeded from the Toll before mentioned, in the repair of the said Highway, 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. Newmarket. Puckridge. 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 Newmarket, and so into Suffolk and other parts, which goes out of the forementioned Road at the end of the Town of Puckridge, and so leadeth to Barley 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 Wades-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 employed for the payment of the Debt aforesaid with Interest, and also for further Repair of the Highway. It is further Enacted and Declared by the Authority aforesaid, That the persons empowered in the forementioned Act for the repair of the Highways within the County of Hertford, shall have the same power to repair the said Highways leading from Puckridge to Barley in the said County, For repairing the highway from Puckeridg to Barley. as they have to repair the Highway 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 Highways) as they in their judgements shall find needful; 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 Highways 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 seem most convenient by the justices 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 employed 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 highways. Provided always, That all and every person and persons who by Law are chargeable towards the repairing of the said Highways 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 Highways, 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 virtue of this or the said former Act; And the next justice 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 justice 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 Highways shall be well and sufficiently amended and repaired, and so adjudged at the public 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 highways. 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 justices of the Peace at their Quarter-Sessions shall fail to make an Adjudication thereof, That then in such default of the said justices of the Peace, it shall and may be lawful to and for the justices of Assize for the said County of Hertford to make such Adjudication, which being entered with the Clerk of the Assizes, shall be esteemed a good Adjudication of the amendment of the said Highways: And that then and from thenceforth, the said Debt being fully satisfied to such as shall have advanced any moneys thereupon, the said Toll shall cease and determine, any thing in this Act to the contrary thereof in any wise notwithstanding. And whereas in this present Act it is provided, That all and every person and persons who by Law are chargeable towards the repairing of the said Highways and places aforesaid, shall still remain so chargeable, and pay six pence in the pound yearly, according to the true value of their Estates, for and towards the repair of the said Highways, during the time of the continuance of the said Toll. Be it therefore Provided and Enacted by the Authority aforesaid, That the aforesaid sum of six pence in the pound shall be paid unto the Treasurer appointed to receive the aforesaid Toll, How the said six pence in the pound shall be paid and levied. in like manner as the said Toll is appointed to be paid by the aforesaid Act: And for default of payment of the said Rate of six pence in the pound, in manner as aforesaid, by the space of six days after demand made, That it shall and may be lawful for the Surveyors of the Highways for the time being, and they are hereby empowered to levy the same by Distress and Sale of the Goods of the party refusing to pay the same accordingly, restoring the Overplus (if any be) to the Owner. CAP. XI. For Draining of the Fenn, called Deeping-Fenn, and other Fens therein mentioned. WHereas at a Session of Sewers, holden at Bourne in the County of Lincoln, the twentieth day of August, in the one and fortieth year of the Reign of Queen Elizabeth, for the recovery and Draining of certain Fens in Holland and Kestiven in the County of Lincoln, called or known by the names of Deeping-Fenn, Pinchbeck and Spalding, South-Fenn, Thurlby-Fenn, Deeping. Pinchbeck. Thurlby. Bourn and Croyland- fens. Bourn-South-Fenn and Croyland-Fenn, alias Goggushland; It was by the Commissioners then and there assembled, Ordered and Decreed, That the sum of twelve thousand pounds should be levied and gathered upon the Lords and Inhabitants of certain Towns in Kestiven and Holland, Commoners in the said Fens, for Draining the same, and should be paid in to certain persons therein nominated to receive the same, at or before the tenth day of September than next ensuing; which said sum being neglected to be paid, the said Fens by reason thereof could not be Drained, according to the Form by the said Law intended: The said Commissioners therefore well tendering the great profit that would arise to all persons concerned, and to the Commonwealth in general, if the same might be Drained, at several Sessions of Sewers held at Market-Deeping the twentieth day of September, in the said one and fortieth year of Queen Elizabeth, and at Market-D●●ping aforesaid the twentieth day of August, in the two and fortieth year of the Reign of the said Queen, did Ordain and Decree, That the said Fens and Marsh-Grounds should be forthwith taken in hand to be Drained, and that Thomas Lovel Esquire (a man skilful in works of that nature) should be admitted to undertake the same under the Covenants therein mentioned: And in pursuance thereof, the said Thomas Lovel did undertake the said Works, and made some progress therein; and afterwards one third part of the said several Fens were by the said Commissioners of Sewers set out by Metes and Bounds, and allotted to the said Thomas Lovel in recompense of his costs, charges and endeavours, applied and expended therein; And after, A third part assigned and set out to Thomas Lovel. the said third part was by the said Commissioners of Sewers decreed to the said Thomas Lovel, and his heirs, in recompense of his said work of Draining, and of his charges and expenses therein, to have and to hold to the said Thomas Lovel, his heirs and assigns for ever. And whereas by an Act of Parliament made at Westminster in the first year of King James, Entitled, An Act for relief of Thomas Lovel Esquire, the above recited Decrees of Sewers were Ratified and Confirmed; And the said third part of the said Fens and Marsh-grounds, as they were allotted and set out by the said Commissioners, were by the said Act Ordained, Enacted and Established to be held by the said Thomas Lovel, his Heirs and Assigns for ever, under the Prouisoes, Conditions and Appointments in the said Decrees, and Act of Parliament mentioned and expressed, as by the said Act of Parliament and Decrees of Sewers more fully may appear. And whereas the said Thomas Lovel immediately after the making the said Act of Parliament entered into the said Lands set out and assigned as a third part of the said several Fens, and by virtue of the said Decrees and Act of Parliament became seized thereof, and he and his heirs and Assigns have ever since, till of late years, held and enjoyed the same, until (by some neglect in the Assigns of the said Thomas Lovel, and failer in the Maintaining, Scouring and Cleansing the said Banks, Rivers, Sewers and other Works necessary thereunto) occasioned by some differences arising between the said Assigns of the said Thomas Lovel, and the Lords, Owners and Commoners of the said Fens, about the enjoyment of some additional recompense allotted to the said Assigns of the said Thomas Lovel, by a subsequent Law of Sewers (made at Spalding) not only the said Fens and Marsh-grounds are returned into their ancient condition of being hurtfully surrounded and annoyed with waters; but a great and considerable part of some adjacent Towns of Holland have been overflowed and laid desolate, and many habitations and families who formerly lived comfortably there, utterly ruined and destroyed thereby, and yet continue in manifest danger in all seasons of wet weather and floods, to fall into the said calamities; which great mischief is by long and indubitable experience found to arise principally from several imperfections in the said Decrees and Acts of Parliament. To the end therefore that the said Country, being in its own nature very rich and fertile, and wherein the King, and Queen's Majesty his Mother, have large Possessions, (and many ancient Families and Inhabitants their whole subsistence) may not longer remain in such manifest danger of being utterly lost, nor the Commonwealth continue longer deprived of those advantages which would arise from the performance of the said Works: Be it Enacted by the Kings most Excellent Majesty, by and with the consent of the Lords Spiritual and Temporal, and Commons in this present Parliament assembled, and by the Authority of the same, That the said Decrees, and Act of Parliament above mentioned, and every Clause, Article and Thing therein contained, A certain Act and decrees made for the said Thomas L●vel repealed. other than such as are herein after mentioned, Enacted, Ratified and confirmed, shall be and are hereby repealed and made void to all intents and purposes whatsoever. And inasmuch as the Right Honourable Thomas Earl of Berkshire and the Lady Elizabeth his Wife, and Charles Lord Howard of Charlton, commonly called the Lord Viscount Andover, their Eldest son and heir apparent; The Right Honourable Robert Lord Bruce Baron of Wharlton in the Kingdom of England and Earl of Elgin in the Kingdom of Scotland, and the Lady Diana his wife; The Right Honourable Anne Countess of Stamford, and Thomas Lord Grey of Groby, have formerly held and derived to themselves, with remainders over to several other persons, by several Conveyances from or under the Right Honourable William late Earl of Exeter, and Elizabeth late Countess of Exeter, or one of them, several interests in the said third part of the said Lands, allotted to the said Lovel, his heirs and assigns; and to other proportions by subsequent Decrees of Sewers, and towards the Dreyning and maintaining thereof; they, the said Right Honourable William late Earl of Exeter, and Elizabeth late Countess Dowager of Exeter, under whom, or one of whom they claim, and Thomas late Earl of Exeter, from whom the said William late Earl, and Elizabeth late Countess Dowager of Exeter derived their title, have expended several great sums of money, but have not so fully effected the said works, nor introduced those beneants and advantages which were expected: And for reason do allege, that the third part, and subsequent allotments are not Recompense sufficient to answer the charge of a more perfect performance of the said work; but offer to proceed and perfectly to effect the same, if they may have a sufficient recompense and compensation for their Hazard, Charge and Pains therein: Be it Enacted by the Authority aforesaid, trusties and undertakers made for dreyning the said Fens. That Edward Earl of Manchester, Lord Chamberlain of his Majesty's Household; William Earl of Devonshire; John Lord Berkley of Stratton; Anchatil Grey Esquire; Henry Grey Esquire, and their Heirs and Assigns, and the Survivor of them, shall be, and are hereby declared to be the Undertakers for the Dreining of the said Fens, and every of them, in trust to and for such person and persons, and to such intents and purposes as are herein after mentioned. And that within the space of seven years next ensuing, they, their heirs and assigns shall and will at their proper costs and charges recover and make dry the said Fens, and every of them, and make the same firm and depasturable for at all times of the year, except two or three hundred Acres or thereabouts in the said Fens called Deeping-Fen, and Goggisland, and forty Acres or thereabouts in the said Fens called Thursby-Fen and Bourn-South-Fen, which are to be left for Lakes and Sykes for the receipt of Waters within the same; And also, except such Drains and Sewers as now be, or hereafter shall be made within the said Fens, or any of them for the Dreyning thereof, and so much of the grounds adjoining to the Rivers, Dreyns and Sewers within the said Fens, as lie, or shall lie between the said Rivers, Dreyns or Sewers, and the Banks made or to be made for keeping the Waters lying in the said Rivers, Dreyns or Sewers, from overflowing the rest of the said Fens. And also shall for ever hereafter at their own costs and charges, not only repair, exalt, maintain and keep, as need shall require, the Banks environing and encompassing the said Fens and every of them, but also the Bank on the East-side of the River of Welland, from a place in Crowland called Brother-house to Spalding high-bridg. And also the Bank on the North-side of the River Glean, from Gutheram Coat to a place called Dovehum in Pinchbeck; and thereof, and of all and every the said Banks , shall for ever hereafter exonerate, acquit, discharge and save harmless as well the King's Majesty, his Heirs and Successors, as the Queen Dowager, her Tenants and under-Tenants, and all other person and persons, their Heirs and Assigns, of and for their repairing and amending of their several parts and allotments of the same; but also that they the said Trustées, their Heirs and Assigns, and the Survivor of them at their own proper Costs and Charges, shall for ever maintain and keep the Rivers of Glean and Welland with sufficient Dyking, Roading, Scouring and Banking, (viz.) the River of Welland from the Outgang at the East end of East-Dieping leading into the said Fens, Glean and Welland Rivers. unto the Out-fall thereof into the Sea; and to preserve and maintain the Navigation thereof without Imposition or paying any thing whatsoever for the same, but with liberty to alter and divert the Course and Channel of the same into any other part or parts of the said Fens before it cometh to the said Corner of Dieping-Fen abutting upon Hawthorne-Bank, from whence through the said Town of Spalding as it now passeth to the Sea, it shall not be lawful to divert the Course thereof: And with like liberty to divert the said River of Glean before it cometh to the place called Pinchbeck-Barrs or Dovehurne in Pinchbeck; from which place called Dovehurne through the said Town and the Town of Surflet as it now passeth to the Sea, it shall not be lawful to divert the same, or prejudice the Navigation thereof. And all manner of Dreins, Sewers and Passages for Waters and other Water-works whatsoever, which now are or hereafter shall be made within or without the said Fens for the draining of the said Fens, or any of them which shall be necessary to be made or continued in order to the preserving the said Fens from Surrounder. And thereof, and of all and every the said Rivers to discharge, exonerate, acquit and save harmless, as well the Kings and the said Queen's Majesties, his Heirs and Successors, their Tenants and under-tenants, as all other person and persons, their Heirs and Assigns, of and for the repairing and amending of their several parts and allotments in them and every of them. Be it further Enacted by the Authority aforesaid, That the said Trustées, their Heirs and Assigns, or the Survivor of them shall at their own proper Costs and Charges make, Sufficient Gates and Bridges to be made. set down and maintain such reasonable and convenient Bridges, with Gates unto the same, in wideness not exceeding twelve foot, being well and sufficiently railed or walled against the sides; as well over any Drain or Ditch now made or hereafter to be made, whereby passage may be had into the Fens in such and so many fit and convenient places as shall be thought fit and ordered by any six Commissioners of Sewers for the said County of Lincoln, in their public and open Sessions, and the same shall for ever keep and maintain for convenient and ready passage with Carts and Carriages, and all sorts of , into, and forth of the said Fens and every of them. And it is further Enacted by the Authority aforesaid, That the said Trustées, The powers of the said trusties and Undertakers. their Heirs and Assigns, or the survivor of them, for the better Dreyning and keeping dry of the aforesaid Fens, shall and may at their wills and pleasures desert, or maintain and continue all such Dreyns as now are in the said Fens or any of them, at the old or accustomable wideness and breadth, or otherwise enlarge the same at their will and pleasure within the said Fens: And likewise may at their will and pleasure make any new Dreyns, Ditches and Sewers within the said Fens or any of them, or without towards the Sea, of what quantity, depth or wideness they shall think best; which Dreyns, and every of them shall have liberty to run above the soil, so as the waters of the same be kept within the banks of the several and respective Dreyns now made or hereafter to be made, except so much of the said waters as unavoidably shall soak through the Banks, for which also satisfaction is to be made to any person or persons suffering damage thereby, as shall be awarded by the said Commissioners of Sewers, or any six of them in the open Sessions, so as the Inhabitants of Spalding and Pinchbeck may have a liberty to set down and stop such Sluices, Tunnels and Gauges of water and Locks as are or shall be made upon any the said Rivers and Dreyns (except the said Rivers of Welland, Glean and the Westlode) at such time or times as two Commissioners of Sewers for the parts of Holland shall judge seasonable and necessary for the Dreyning of their In-grounds: Provived the same exceed not two months in the year. And if at any time or times hereafter for ever, any of the bank or banks of the Dreyn or Dreyns, now or hereafter to be made for the Dreyning of the said Fens, or preservation of the said Country happen to break or to be overflown, whereby the waters have issue and fall into any the several Lands of the Towns of the Wapentake of Elloe, That immediately upon such breach or overflowing, it shall or may be lawful for all, or any the Dykereeves, Officers or other Inhabitants of any the Towns in Elloe aforesaid, to set down the Clowe of such Dreyn or Dreyns, or otherwise to stop the same, till the banks thereof so breaking or overflowed, from time to time be sufficiently repaired, strengthened and heightened. And be it further Enacted by the Authority aforesaid, That the Currents or Channels of the River of Glean and Welland, and the Westlode, Glean, Welland, Westlode. shall not be diverted or turned into any other Tract or Course whatsoever (that is to say) from a place called Dovehurn in Pinchbeck to the Outfall, and from a Bank in Spalding, called Hawthorne-bank to the Outfall, but shall be kept Navigable, as formerly they were, down to the Sea. And be it further Enacted by the Authority aforesaid, That if any Gool or Gools, Breach or Breaches, Overflowing or Overflowings of waters shall happen at any time hereafter to be in, What shall be done in case of Gools or breaches, or overflowings. over, or through any of the said Banks made or to be made within the said Fens, for the defence and preservation of the same, other than the Bank called the Dozen, and the Bank called Hawthorne-bank, to the surrounding or annoyance of the said Fens or any part of them within their charge as aforesaid, and the same be not amended by the said trusties, their Heirs and Assigns, or the Survivor of them, within ten days after such Breach, Goole or Overflowing, That then it shall and may be lawful to and for any of the said Dikeréeves or Surveyors of Sewers in Spalding or Pinchbeck, or any of the other Towns in the Wapentake of Nesse or Elloe in the said County of Lincoln, where the said Breach or Breaches, Goole or Gooles, Overflowing or Overflowings of water shall happen to be, forthwith and immediately after the said ten days, to repair the same at the only Costs and Charges of them the said Trustées, their Heirs and Assigns, or the Survivor of them. All which said sum or sums of money so by the said Dikeréeves and Surveyors of Sewers, or any of them expended in and about the Taking, Repairing and Amending of any such Breach or Breaches, Goole or Gooles, Overflowing or Overflowings of waters, in or over the said Bank or Banks respectively, They the said Trustées, their Heirs and Assigns or the Survivor of them, shall pay or cause to be paid to the said Dikeréeve or Dikeréeves, Surveyor or Surveyors so expending the same, upon a note delivered in writing to the said Trustées, their Heirs or Assigns, or the Survivor of them, their Tenants or under-tenants, Servants or Agents, or any of them, by the said Dikeréeve or Dikeréeves, Surveyor or Surveyors, testified under the hands of two Commissioners of Sewers, one being of the Quorum, containing as well the names of the Labourers that repaired the said Breach or Breaches, Goole or Gooles, Overflowing or Overflowings, as the Wages paid to them, and the rates and prices of all other necessary charges employed and bestowed in and about the same, with their convenient Salary and Wages for their pains in that behalf, at the discretion of two such Commissioners as aforesaid: The which, if the said Trustées, their Heirs or Assigns or the Survivor of them, or their Tenants or under-tenants, Agents or Servants, shall refuse or neglect to do, That then it shall and may be lawful to and for the said Officers or persons, or any of them that shall make up any such Breach or Breaches, Goole or Gooles, Overflowing or Overflowings, or sustain such damages as aforesaid, to enter into the said third part of the said Fens, or into the five thousand Acres additional recompense herein after given by this present Act, or into any part thereof, and to distrain and impound the Horses, Beasts, Sheep or Goods and Chattels of them the said Trustées, their Heirs and Assigns or the Survivor of them, or any Tenant or Tenants, Farmer or Farmers, Occupier or Occupiers of all or any part of the said third part, and of the said five thousand Acres; And from and after the fourth day of the said distress and impoundment (in case the said sum or sums so expended and demanded be not then paid) sale thereof to make, without allowance of Replevin; and with the money thereupon arising, to pay and satisfy all sums of money for the said Works expended, and to be allowed as abovesaid, rendering the overplus to the Owner, if any overplus be, over and above the Charges aforesaid and Charges of keeping. Provided always, and be it further Enacted, That if any breach, goole, hole or holes, or flowing of waters shall happen to be in, over or through the said bank called the Dozen, the said bank called Hawthorn-bank, Dozen, Hawthor●-bank East-bank. the said bank called the East-bank, the said bank on the Northside of the River Glean, or any other bank made or to be made without the said Fens by the said Trustées, their heirs or assigns, or the survivors of them, for, or in order to the Dreyning of the said Fens, That then, and in every such case, it shall and may be lawful for the Dykeréeves and Surveyors of Sewers in Pinchbeck and Spalding, or any of the Towns in the Wapentake of Nesse or Elloe aforesaid, where the said breach, goole or flowing shall be, forthwith and immediately to repair the same at the costs and charges of the said Trustées, their heirs and assigns, or the survivor of them, to be had and levied in manner and form as is before expressed and declared, for or concerning the said banks, environing, or made or to be made for the Dreyning or preservation of the said Fens. And be it further Enacted by the Authority aforesaid, That if it fortune that at any time hereafter, by the negligence of the said Trustées, their heirs and assigns or the survivor of them, in not sufficiently maintaining, Satisfaction for damage to particular persons how to be made. scouring, dyking or cleansing of any Rivers, Banks, Sewers or Dreyns whatsoever, which now are, or hereafter shall be made for dreyning of the said Fens, and securing of the Country; or that by any inconvenient placing, setting, cutting or making of any Dreyn, Goat or Sluice upon the same, that the Country or any private or particular person receive loss or harm thereby; That the said Trustées, their heirs and assigns, or the survivor of them or some of them, shall make such recompense and satisfaction for the same to every person and persons sustaining any damage thereby, as six Commissioners of Sewers for the said part of Holland, whereof three to be of the Quorum, shall award and appoint under their hands and seals (if the said Lords Adventurers, their heirs and assigns shall not have otherwise satisfied the same) which if they the said Lords Adventurers, their heirs and assigns shall neglect to pay and satisfy to the person and persons sustaining the same, their Executors or Assigns, by the space of twenty days after demand made thereof to them the said Trustées, their heirs and assigns or the survivor of them, or the Agents, Tenants or under-tenants of them; That then and from thenceforth, it shall and may be lawful to and for every such person and persons sustaining the same damage, their heirs, executors, administrators and assigns, and every of them respectively, to enter into the same third part, and into the said five thousand Acres, and every or any part thereof, and to levy the same damages so as aforesaid awarded and appointed, by distress and sale of the goods and chattels of them the said Trustées, their heirs and assigns or the survivor of them, or any Tenant or Tenants, Farmer or Farmers, Occupier or Occupiers, of all or any part of the said third part of the said Fens, or the said five thousand Acres, and present sale thereof to make after the fourth day of impoundment (and payment of such money than not made) without allowance of Replevin, rendering the overplus to the Owner (if any overplus there be): And if the said Trustées, their heirs or assigns or the survivor of them or any of them, shall think it necessary for the enlargement of any old Dreyn, River or Bank, out of the said Fens, avobe that which formerly they were, or for making any new Dreyn, River or Bank, to cut or cover the several soil of any person or persons, That then the said Trustées, their heirs and assigns or the survivor of them, shall compound and agree with the Owner or Owners thereof (if they can agree) And if they cannot agree, that the value of the damage shall be set down by six of the Commissioners of Sewers, whereof three to be of the Quorum, and the money shall be paid or tendered before such time as the said soil shall be cut or covered, and upon payment or tender of the said money, it shall be lawful for them to cut or cover the said soil, for making the said Dreyns, Rivers or Banks. Dower to put up Bridges, Drains, etc. And be it further Enacted by the Authority aforesaid, That it shall and may be lawful to and for the said Trustées, their heirs and assigns or the survivor of them, to pull up any Cart-bridges of Wood or Stone, or any Foot or Horse-bridges, Clowes or Water-bridges that now lie over the said two Rivers of Glean and Welland, the Rivers of Westload and Starfengraft, Vernatts, or any of them, or any other Dreyns that be too straight or narrow, or otherwise may hinder the course and passage of the waters in the said Rivers or of any Dreyn to be devised by the said Trustées, their heirs or assigns or the survivor of them; and also to pull up all Wears and Purprestures in the said Rivers and Dreyns that hinder the passage of the water. Provided that they shall forthwith sufficiently build and make again at their own proper costs and charges the great Bridge over Spalding-river (commonly called the high-bridg) of lime and stone, and all such other cart-bridges, horse-bridges, Clowes or Water-bridges of lime, stone or timber respectively, as the former were, which have been or shall be so pulled down, to be enlarged or made wider. And that all and every the ancient Bridges and Tunnels under and over any of the Rivers and Dreyns, The said bridges, tunnels etc. how to be repaired. and every of them, be repaired and for ever maintained at the charges of them the said Trustées, their Heirs or Assigns, or the Survivor of them. And if it shall happen the said Bridges or any of them, shall not be made or repaired by the said Trustées, their Heirs or Assigns or the survivor of them, in convenient time according to the true intent or meaning of this Act, That then it shall and may be lawful to and for the Commissioners of Sewers in their public Sessions from time to time to order and decree how much or what sum or sums of money shall or may be necessary or fitting to be raised for effecting the same. And if after notice of the said Determinations of the said Commissioners by a note in writing under the hand of the Clerk of the Sewers, given to the said Trustées their Heirs or Assigns or the survivor of them, they shall not pay or cause the same, so adjudged, to be paid within thirty days after such notice, That then it shall and may be lawful to and for the said Commissioners of Sewers by their Warrants to levy the same by distress and sale of the Goods and levant and couchant upon any of the Lands within the said Fens, hereby vested and settled in the said Trustées, their heirs and assigns or the survivor of them. And if it shall fall out that the said High Bridge over Spalding River be not finished before the five and twentieth of March One thousand six hundred and seventy, That then the said Trustées, Spalding-brid● their heirs and assigns or the survivor of them, shall forfeit the full and just sum of one hundred and fifty pounds to Peircy Church Esquire, his Executors or Assigns, which shall and may be raised by the Commissioners of Sewers for the time being at the public Sessions, by sale of part of the said third part of the said Fens, or of the said three thousand five hundred Acres therein mentioned, and be by them accordingly paid over to the said Peircy Church, his Executors or Assigns, and the person and persons, and their heirs to whom such sale shall be made, shall and may for ever then after hold and enjoy the same by virtue of such sale, and of this present Act, any thing herein to the contrary notwithstanding. And be it further Enacted by the Authority aforesaid, That for the better preservation of the said Banks environing the said Fens or made within the said Fens for the defence of the same, Preservation of the Banks. it shall and may be lawful to and for the said Trustées, their heirs and assigns or the survivor of them, to cut the ground lying between the outring-Banks and the said Rivers or either of them, to take earth, manure and litter for repairing the said Banks so often as need shall require, or to them shall seem meet and convenient, so that such cutting be not extended or made above six score foot distant from the said Banks, and to erect, make and keep such and so many sufficient Bars and Slakers, and in such places as shall seem most fit and convenient to the said Trustées, their heirs and assigns or the survivor of them; The Slakers to take off the surplusage of Waters, and the Bars to hinder the passage of Horsemen and drifts of over the same Banks in the times hereafter prohibited. And to the end that the Banks should not be impaired by horsemen, drifts of sheep, horses, beasts and other , It is hereby Enacted by the Authority aforesaid, That no person or persons whatsoever (except as hereafter is excepted) shall at any time or times hereafter in any year between Michaelmas-day, and the first day of May, drive or cause to be driven any Horses, Oxen, Sheep or any other kind of over or upon any of the said Banks, without first paying to them the said Trustées, their heirs and assigns or the survivor of them, after the rate of four pence for every score of Sheep, and for every other Beast the sum of four pence; which they, their heirs and assigns are hereby authorized to demand and receive. Provided nevertheless, and be it Enacted, That all and every the Lords, Proviso for▪ owners and commoners. Owners and Commoners of or in all, or any part of the said Fens, shall have free liberty at all times of the year, for them, their Horses, Servants and to pass and repass upon any Bank or Banks, Drove or Droves, in or compassing the said Fens, without paying any thing for so doing, if such person or persons claiming such freedom do not usually buy Sheep or and trade that way to London with such or Sheep as are not of their own feeding for a Month before. And be it Enacted by the Authority aforesaid, Horsemen and landing upon the banks. That no person or persons whatsoever keeping a Horse-boat, either at Croyland, Cloote, Deeping, Baston, Eastcoate, Pinchbeck, Spalding or Cowbet, shall land any horsemen with their horses or upon any the said Banks, at any time hereafter between Michaelmas day and the first day of May, but at Waldrome-Hall, Baston, Spout, Dovehurne, Cloote or Croyland, without licence first thereunto had and obtained from the said Trustées, their heirs and assigns or the survivor of them, upon pain and forfeiture to be made and paid, for every horse and neat beast, six pence, and for every score of sheep, four pence to the said Trustées, their heirs and assigns or the survivor of them: And that no manner of person or persons shall draw any Boat on, or over any the Banks in, or compassing the said Fens, but in such places only as are or shall be appointed for that purpose. And it is further Enacted by the Authority aforesaid, That no Swine of what sort soever, Swine. ringed or unringed, be put upon the said Fens or any of them, between the said Banks and the Wearditches, but that they shall be put into the Fens at usual places where other are put in; And that the Swine so put, shall be ringed, upon pain of every Hog so found unringed, to forfeit to them the said Trustées, their heirs or assigns or the survivor of them, the sum of two pence for every time so found, to be levied by distress and impounding of such Hog or Hogs. And it is further Enacted by the Authority aforesaid, That the said Trustées, their heirs and assigns or the survivor of them, their or any of their Tenants, Farmers or Ground-holders' of any part of the said third part, or of the said Fen, or of the said five thousand Acres, shall not have any time hereafter, use or claim any Common of Pasture or other Commonage of Pasturing in any part of the remainder of the said Fens nor any of them, nor in the North Fen of Pinchbeck and Spalding, Poor Inhabitants. nor any part thereof, by virtue or pretence of his or their residence there: But all and every the Inhabitants that may hereafter be upon any part of the said third part, or upon any part of the said five thousand Acres, and are not able to maintain themselves, shall be maintained and kept by the said Trustées, their heirs and assigns and the survivor of them, and never become chargeable in any kind, to all or any the respective Parishes wherein such Inhabitant or Inhabitants shall reside or dwell, any Statute or Law to the contrary hereof in any wise notwithstanding. And be it further Enacted by the Authority aforesaid, That no water shall be let or taken out of the Rivers of Glean or Welland, Water shall not be set out of the rivers of Glean and Welland. or any other the said Dreyn or Dreyns, by any Sluice, Cut or Tunnel without the licence of the said Trustées, their heirs or assigns or the survivor of them, or by Order of six Commissioners of Sewers, who likewise are to take order that such Cut or Cuts made for the taking thereof, shall be made up again at the charge of the person or persons for whose benefit the same were made, but for necessary household uses, by such as now lie by some Law of Sewers already settled: And in case any abuse of the said Tunnels happen to be, that then the said Trustées, their heirs or assigns or the survivor of them, their servants or agents shall have power immediately to stop the same. Pinchbeck▪ Spalding▪ Blewgate- sluice. And it is further Enacted by the Authority aforesaid, That the Inhabitants of Pinchbeck and Spalding shall for ever hereafter have the use of a certain Goat or Sluice called Blewgate, and the Dreyn leading thereto, so as the said trusties, their heirs or assigns, shall not be put to any charge for the repairing or maintaining of the same. The dreyn from Boston-bank to Winsoever. And be it further Enacted by the Authority aforesaid, That the Loads or Dreyn under the Dozen, from Baston-bank to Winsoever, be Ditched two hundred foot more inward into the said Fens then now it is, and the earth laid on that side the bank next the Town of Pinchbeck. And be it further Enacted by the Authority aforesaid, That for and in consideration of all the moneys already expended in and about the Dreyning of the said Fens, and in consideration of the doing and performing of the Works aforesaid hereafter to be done, and of all and every of them about the Recovering, The proportion estates upon the trusties & ●ndertakers. Inning and Dreyning of the said Fens and every of them, that they the said Trustées, their heirs and assigns or the survivor of them, shall from henceforth have, hold, peaceably occupy and enjoy to them, their heirs and assigns in Fee-simple for ever, the said third part of the said Fens and Marshes formerly assigned to the said Thomas Lovel, his heirs and assigns, as also three thousand five hundred Acres added and allotted by a Decree of Sewers made at Spalding in the said Fens, and one thousand Acres out of that part of the said Fens, formerly taken in for the Queen's improvement, and five hundred Acres more to be taken proportionably out of the residue of the said Fens in Kestiven and Holland, next adjoining to the said three thousand five hundred Acres; which three thousand five hundred Acres and one thousand Acres, and five thousand Acres last mentioned, are to be demeasured by Statute-measure by two Artists, and set out by them at the charge of the said trusties, their heirs or assigns or the survivor of them, one to be chosen by the Commissioners of Sewers of Kestiven and Holland, and one other by the said Undertakers; but upon the Trusts hereafter mentioned: That is to say, as touching and concerning eight thousand thirty six Acres thereof mentioned in a Schedule annexed to an Indenture of Fifteen parts, dated the second of August 1650. made between Elizabeth Countess Dowager of Exeter and others therein named, and two thousand Acres more to be indifferently set out within six months after the passing of this Act, amounting in the whole to ten thousand thirty six Acres; in Trust, That the said Trustées, their heirs and assigns or the survivor of them, shall grant and convey the same to such person or persons, or for such Estates in Fee-simple or otherwise, in such manner as the said Thomas Earl of Berks, the said Lord Andover, Lord Bruce and John Lord Berkley of Stratton shall appoint. And as for, touching and concerning the residue of the said Fens, by this Act allotted for recompense for the said Dreyning moreover and above the said eight thousand thirty six Acres, and two thousand Acres in Trust for the said Earl of Berkshire and the Lady Elizabeth his Wife, the said Lord Andover, the said Earl of Elgin, Countess of Stamford and Lord Grey, and such other person and persons to whom the Remainder upon their Estates are limited, according to their several and respective Interests and Estates as aforesaid, made or derived from, by or under the said William late Earl of Exeter and Elizabeth late Countess of Exeter or either of them, their, or either of their heirs or assigns: And in case the said Commissioners shall not nominate a Surveyor within three months after nomination by the said Trustées, their heirs or assigns or the survivor of them, and both to be sworn by the said Commissioners, and notice thereof to be given to the said Commissioners, That then the said Trustées, their heirs or assigns or the survivor of them, shall proceed as aforesaid by their own Artist. The trusties shall fence and enclose the third part, etc. Provided also, And be it Enacted by the Authority aforesaid, That the said Trustées, their heirs and assigns and the survivor of them, shall at all times hereafter sufficiently fence and enclose the said third part, and all other the Lands by this Act to them granted on all parts, against the Lords and Commoners of and in the residue of the said Fens: And if any of their shall enter or break into the said third part, and other Lands so granted or any part thereof, in default of the Enclosure thereof; It shall not be lawful for the said Trustées, their heirs or assigns or the survivor of them, to Distrain or Impound the same, or to maintain any Action for any such Entry, Depasturing or other Trespass happening in such default: And if any such Action be brought, it shall be lawful for the Defendant or Defendants therein to plead the General Issue and to give this Act in Evidence. And that the two Drove-ways in the said Fens, called the North-drove and South-drove, leading from the parts of Kestiven into the parts of Holland, be continued open and common through the said third part, and Lands to them granted for the use and benefit of the Lords and Commoners for a Drift-way for them and the said Undertakers: And also that the Banks or Dreyns (by virtue of this Act) to be continued or made, shall not stop or hinder the Land-waters falling from the parts of Kestiven into the said Fen, but shall and may receive and carry the same away. Provided always, That this Act or any Clause, Article, Sentence or Penalty therein contained, mentioned or expressed, shall not extend to charge the persons of the said Trustées, their heirs or assigns or the survivor of them, or any the Estate or Estates real or personal of them the said Trustées, their heirs or assigns or the survivor of them, other than their Estate and Estates of and in the said Fens. Provided also and upon condition, That if the said Trustées, their heirs or assigns or the survivor of them, shall neglect the Inning and Dreyning of the said Fens, and every or any of them, The penalty upon neglect to dreyn the said fens within seven years, and so after to keep & maintain them. and shall not fully and perfectly finish the Dreyning of the same before the end and expiration of the said seven years as aforesaid, according to the intent and purport of this Act, or shall not after the Inning or Dreyning thereof, keep and maintain the said Fens and every of them after the end and term of the said seven years, dry, firm and depasturable ground for at all times in the year (except such Lakes, Dreyns, Sewers, Portions and Quantities of the said Fens as are before excepted) but shall wilfully and negligently suffer the said Fens and Wastes or the most part of the same to be again drowned and overflowed by the space of five years at any time after the expiration of the said seven years, and the same be found and adjudged hurtfully surrounded in default of the said Trustées, their heirs and assigns or the survivor of them (contrary to this Act) by twelve Commissioners of Sewers or the greater number of them, whereof six to be of the parts of Holland, and six of Kestiven, of which twelve Commissioners, three of either of the said parts to be of the Quorum, upon their view or inquisition or presentment of jury that the same hath so long continued drowned, and that judgement be certified of Record into the High Court of Chancery under their hands and seals or the greater number of them; That then and from thenceforth the trust of the said Trustées, their heirs and assigns or the survivor of them, of, in and to the said third part, and the said other parts and proportions added and allotted for a further recompense as aforesaid, for the said Earl and Countess of Berkshire, Lord Howard of Charlton, Lord Bruce, Countess of Stamford, Lord Grey, and other persons in remainder as aforesaid, and all and every estate and estates whatsoever by them granted, conveyed, or in any manner executed, of all or any the said third part or other proportions added and allotted for further recompense to any person or persons whomsoever, in execution, pursuance or discharge of their said trust, or otherwise shall cease, determine and be utterly void to all intents and purposes whatsoever, and not to be helped, altered or relieved in any Court or by any course of Law or Equity, and that then and from thenceforth the said Trustées, their heirs and assigns or the survivor of them, shall stand and be seized of all the said third part and the additional allotments in trust, to permit and suffer the said Commissioners of Sewers of Kestiven and Holland, to take, perceive and receive the whole Rents, Issues and profits, to the end the same may be laid out and expended for the regaining of the said Fens, and to defray the charge which the Country shall or may be put unto to preserve themselves and their other Lands from being surrounded or damnified by the said waters, in default of maintaining of the said Banks and doing other the said works which ought to have been made and repaired by the said Trustées, their heirs and assigns or the survivor of them: And upon further trust likewise, That the said trusties, their heirs and assigns or the survivor of them, shall and will from time to time and at all times, make and execute such estate and estates as twelve Commissioners of Sewers of the parts of Holland and Kestiven, whereof three of each part to be of the Quorum, shall by writing under their hands and seals direct and appoint. And be it Enacted and declared, That all such estate and estates so by them made, shall be, and be, and be deemed and taken to be good and effectual in Law to all intents and purposes, as if the same were in this present Act particularly and by proper names mentioned and expressed. And be it further Enacted by the Authority aforesaid, That if the said Trustées, their heirs or assigns or the survivor of them, shall not, or do not, at or before the said term of seven years, well and truly pay or cause to be paid the full and just sum of one hundred pounds of lawful money of England into the hands of such person or persons as the said Commissioners of Sewers in their public Sessions from time to time shall appoint to receive the same, That then and in such case, it shall and may be lawful to and for the said Commissioners of Sewers by an Order in writing under their hands and seals, to Authorise such person or persons as they shall think fit, to enter into any the said Lands, part of the said third part allotted to the said Thomas Lovel, out of any the Fens by him formerly undertaken to be Drained, and the said Additional Lands, and out of the Rents, Issues and profits thereof to raise the same sum of one hundred pounds, to the end the same shall and may be by them employed and laid out, South-Dozens and Hawthorn- bank. in and about the necessary maintenance and reparation of the Banks above mentioned, called the South Dozen, and Hawthorne Bank, and so from time to time, and at all times, as the said one hundred pounds or any part thereof shall be as abovesaid expended in and about the said Banks as aforesaid, if the same be not again supplied by the said trusties, their heirs or assigns or the survivor of them within six months then next following, than it shall be in the power of the said Commissioners of Sewers, out of the Rents, Issues and profits aforesaid to raise the same or so much thereof as shall not be supplied as abovesaid, from time to time and at all times, as occasion shall require. How meetings and by-laws may be made for management of the dreyning. Provided always and be it Enacted by the Authority aforesaid, That it shall and may be lawful to and for such person and persons, their heirs and assigns or any three or more of them, to whom the said trusties, their heirs or assigns or the survivor of them, shall make or execute any estate or estates of the said ten thousand thirty six Acres before mentioned, or any part thereof, as Adventurers under the said trusties, their heirs or assigns or the survivor of them, in Dreyning the said Fens at all times, and from time to time, from and immediately after execution of the said estate and estates, to summon, call and hold meetings of themselves, their Agents and Workmen, at such place and places, by warrant under three or more of their hands and seals, or under the hand and seal of their common Clerk for the time being, for the making, altering or confirming, and with power and authority hereby granted unto them, their heirs, executors, administrators and assigns, for making, and to make By-laws for the better Government and more orderly management of the said work of Dreyning the said Fens within themselves respectively. And also be it further Enacted by the Authority aforesaid, That at all and every meeting and meetings as aforesaid to be held, It shall and may be lawful, and they are hereby thereunto empowered, for any three or more of the said Undertakers, their heirs, executors, administrators and assigns, By whom rates and taxes may be made for the sa●d work. to assess, rate, tax and charge all and every the respective Owner or Owners, their heirs, executors, administrators and assigns, and every of them, of all and every the said ten thousand and thirty six Acres aforesaid, by an equal and proportionable Acre-tar, with any sum or sums of money as they shall adjudge necessary for the carrying on and effecting the said work, and to limit and appoint such certain days and places for the respective payments thereof to their Treasurer or Treasurers for the time being, as they the said Undertakers, their heirs, executors, administrators or assigns, or any three or more of them under their hands and seals shall appoint, so as every of the said Undertakers, who shall at any time or times hereafter, assess, rate, tax and charge the said sums of money, be really then owner of two hundred and fifty Acres of Land or more, within the said Fen. How the ●●me may be levied. And be it further Enacted, upon default made by any person or persons so assessed, rated, taxed and charged as aforesaid, in his or their respective payments to be limited and appointed as aforesaid, by the space of three months after the time limited for payment thereof, That it shall and may be lawful to and for any three or more of the said Adventurers, their heirs, executors, administrators or assigns, to bargain, sell, convey and assure all, or so much of the said Defaulter or Defaulters Lands respectively within the said Fen, for raising the sum or sums of money so assessed, rated or charged as aforesaid, to any other person or persons, their heirs and assigns, for such estate or estates as the said defaulter or defaulters had in him or them respectively at the time of the said default or defaults made as aforesaid, as to them or any three or more of them the said Adventurers, their heirs, executors, administrators or assigns shall seem meet, subject nevertheless to the conditions and forfeitures in this Act contained and expressed: And all and every Conveyance thereof is, and shall be adjudged good and available in Law and equity, against all and every such Defaulter and Defaulters respectively, and against his or their respective heirs, executors, administrators and assigns, so as the same be enrolled in the High Court of Chancery within six months after the making thereof. How owners and commoners may improve and enclose their shares. And be it further Enacted by the Authority aforesaid, That it shall and may be lawful for any person or persons, Bodies Politic or Corporate, their heirs and successors, Owner or Owners of the Soil of the said Fens or Wastes, or who may or aught to have Common in any of the same, to improve, set out, enclose, divide and sever such quantity or quantities of the said Fens or Wastes (other than such of the same as by the tenure of this Act are appointed or allotted to the said Undertakers as aforesaid) as shall be proportionable to his or their respective Interest, or to his or their Lands and Tenements whereunto, or in respect whereof, the said Common or Waste may or aught to be had or enjoyed, and such quantity or quantities to have and to hold in severalty, by and according to such Tenors, Estate, Right, Title and Interest as such person or persons have or shall have in such Manors, Lands and Tenements, subject nevertheless to all the Powers and Liberties given by this Act to the said trusties, their heirs and assigns and the survivor of them, for Dreyning the said Fens, as if the said Lands had remained common and uninclosed, leaving and allowing convenient passages and ways in and to the said Undertakers ground in the said Fen. Who may determine of boundaries, improvements and enclosures. And it is further Enacted, That the Boundaries of the said Wastes so to be enclosed, Approvements and Enclosures shall from time to time, and at all times, upon request of any person or persons concerned, be determined and adjudged, and finally ended by the persons hereafter named, (that is to say) Thomas Lord Beaumond of Cole-Orton, Sir George Villiers of Bruxby Baronet, Sir William Hartopp of Rotherby Knight, William Hartopp of Little-Dalby Esquire, Sir Henry Hudson of Melton-Mowbray Baronet, Sir Edward Smith of Edmundthorpe Knight, Richard Lister of Thorpe Esquire, John Hacket of Ketleby Esquire, William Gilbert of Melton-Mowbray Esquire, all of the County of Leicester; Baptist Lord Viscount Campden, Sir Edward Heath of Cottesmore Knight of the Bath, William Palms of Ashwel Esquire, Abel Barker of Hambleton Esquire, Samuel Browne of Stockings Esquire, Robert Mackeworth of Empingham Esquire, Philip Sherard Esquire, Alexander Noel of Whitwel Esquire, Christopher Browne of Towlthorpe Esquire, Edward Falkener of Uppingham Esquire, Sir Thomas Mackeworth of Normanton Baronet, Henry Noel Esquire of Exton, Andrew Noel Esquire of Whitwel, Charles Halford Esquire of Weston, Thomas Pilkington Esquire of Belton, Beaumond Bodenham Esquire of Ryhall and Henry Mackeworth Esq of Normanton, all of the County of Rutland; Mildmay Earl of Westmoreland, Obrian Lord Cockaine, William Stafford Esquire of Blatherwicke, Lewis Palmer Esq of Corlton, Edward Palmer Esq of Stoake, Walter Kirkham of Finshead Esq Christ. Thursby Esq Humphrey Orme Esq Sir Henry Yeluerton Baronet, Tho. Dove of Upton Esq William Montague Esq Francis Quarles Esquire, George Quarles junior of Ufford Esq Francis Kirkham Esq of Finshead, John Lynn Esq of Southwick, all of the County of Northampton; Robert Lord Willoughby of Erisby eldest Son to Montague Earl of Lindsey Lord Great Chamberlain of England, Sir Thomas Meres Knight, Sir John Newton Baronet, Sir Anthony Irby Knight, Peregrine Bartue Esq Anthony Thorold of Marston Esq William Blythe of Straston Esq Philip Dallow of Bitchfield Esq Thomas Harrington of Boothby Esq Charles Bawds of Somerby Esq Sir Edward Barkham Baronet, all of the County of Lincoln, or by any seven or more of them. Which said persons or any seven or more of them, are hereby constituted and appointed Commissioners for that purpose, upon their view or examination of witnesses upon Oath, (which Oath they are hereby authorised to administer) or both, or other good and sufficient proof by matter of Record, Writings or Evidences, and hearing the parties concerned, if they be present and desire it; which determination and judgement being certified in writing under the hands and seals of the said judicature, or any seven or more of them, into the Petty-bag, there to be filled and kept on Record, shall be final and conclusive unto all parties. Provided always, That in case any person or persons, Bodies Politic or Corporate, Appeals in cases of adjudication. shall find him or themselves aggrieved with such judgement and determination of the said judicature, and shall thereof within six Month's next after the same, appeal to any thirtéen or more, other persons of the said judicature, Then such determination as the said thirtéen more shall make, being certified by writing under the hands and seals of the said thirtéen or more, into the Petty-bag aforesaid, there to be filled and kept on Record as aforesaid, shall be final and conclusive to all parties, the said former judgement or Determination notwithstanding. And the Enclosures and Proportions so adjudged or decreed as aforesaid to such person or persons, Bodies Politic and Corporate, shall be held by him or them, and his and their heirs and successors respectively, by and according to his and their tenors, estate, title and interest, which he or they had in the Manors, Lands or Tenements, for or in respect of which, he or they claimed, or enclosed the said quantity or quantities of the said Wastes as abovesaid. Provided always and be it Enacted by the Authority aforesaid, That the said Commissioners 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 than the administering 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.) The oath to be taken by Commissioners. I A. B. am not interessed in possession, reversion or remainder, of, in or to the said Fens or any part thereof; And shall and will without favour or affection, hatred or malice, truly and impartially, according to the best of my skill and knowledge, execute and perform all and every the Powers and Authorities in me established by this Act of Parliament. Which Oath any one of the said Commissioners are hereby authorised to administer; The places of the Commissioners ●●tting And that the places where the said Commissioners shall sit to hear, order and determine the matters referred to them by this Act, shall be at the Towns of Stamford, Market-Deeping or Spalding in the said County of Lincoln. And the said Commissioners or any seven or more of them, are hereby directed by Warrant under their hands and seals to declare the places and times of their meeting; The same Warrant to be published in open Market, in the said Towns of Stamford, Market-Deeping and Spalding, between the hours of twelve and two upon some Market-day, one and twenty days at least before the said time or times of meeting, to the end all persons concerned may have sufficient time and notice to attend; And shall have power and Authority by Warrant under the hands and seals of any three or more of them, Their power and manner of proceeding. to summon parties and witnesses to appear before them; And in case any controversy or difference shall happen to arise between or amongst the said Commissioners, before any judgement or Determination given by them in the premises, touching or concerning the exposition of the words of this Act, or the powers or authorities thereby to them given; Then the Lord Chief justice of the King's Bench, the Lord Chief justice of the Common-Pleas, and the Lord Chief Baron of his Majesty's Court of Exchequer for the time being, are hereby constituted and established a judicature, and they or any two of them, are hereby authorized to hear, adjudge and determine such controversies and differences: And their judgement or determination thereof, certified under their hands seals, shall be observed, and shall be likewise certified, together with the judgements and determinations of the said Commissioners, into the Petty-bag, there to be kept on Record as aforesaid. CAP. XII. The River Avon to be made Navigable from Christ-Church to the City of New-Sarum. WHereas the making Navigable and passable with Barges, Boats, Lighters and other Vessels, the River Avon in the Counties of Wilts and Southampton, from the Town of Christ-Church in the said County of Southampton to the City of New-Sarum in the said County of Wilts; And (if need require) the making of a new Haven, may with God's blessing be of great advantage and benefit not only to the said Counties, but also to the Public, by import and export of Commodities, and increase of Commerce and Trade, and of able Seamen and Watermen, and most profitable and necessary for the said City of New-Sarum, for the conveyance thereby of Fuel and other necessaries to the said City, whereof there is now great scarcity, and far greater is like to grow, if some help therefore be not provided, besides the extraordinary preservation of the Highways in and near the said City and County. Commissioners how to be appointed for making the river Avon navigable. Be it therefore Enacted by the King's 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 Lord Chancellor or Lord Keeper of the Great Seal of England for the time being, at any time after the end of this present Session of Parliament, shall and may nominate, appoint and authorise by Commission under the Great Seal of England, such person or persons, Bodies Politic and Corporate, as to him shall seem fit, and are willing to undertake the making Navigable the said River of Avon from the said Town of Christ-Church to the said City of New-Sarum; And to make a new Haven (if need require) for Ships and Vessels near the said Town of Christ-Church. Which said Undertakers so nominated and appointed as aforesaid, are hereby authorized and shall have full power and authority by this present Act to make Navigable or passable by Barges, Boats, Lighters or other Vessels, the said River of Avon, from the said Town of Christ-Church to the City of New-Sarum aforesaid; And for that purpose to cleanse, scour and open the same, and to cut or dig the Banks of the same, and to take away or remove all Wears or other Impediments that may hinder Navigation, either in sailing or haling of Boats with Horses, Men or otherwise to amend or alter such Bridges and Highways as may hinder the said Passages and Navigation, and to open, prepare and make all Wears, Sasses, Locks and Turn-pikes fit for the said Passage; And likewise to cleanse, scour, open or cut and dig the Banks of any other Stream, Brook, Ditch or Watercourse that shall to them seem convenient for the better making the said River Navigable and passable for Boats, Barges, Lighters and other Vessels; And likewise to make and erect any Wharves, Sasses, Locks, Turnpikes or pens for Water in or near the said River or Passage, that shall be fit or necessary for the same, and to bring, lay and work all Materials requisite for the making, erecting and repairing of the said Locks or Turnpikes upon the said River or Passage, and to cut such and so many new Channels and Trenches as to them shall seem convenient for altering the course of the said River of Avon in bringing the same to the City of New-Sarum as aforesaid, as also for the bringing in any other River or Watercourse into the said River, and to do all other things necessary and convenient for the said River and Passages, new Channels, Wharves, Sasses, Locks, Wears, Turnpikes, Penns for Water, and the said Bridges, Ways and Passages, and for the altering, repairing, keeping, using and amending of the same or any of them, or any part of them from time to time hereafter as oft as need shall require, and also (if need require) to make a commodious Haven and Port near the said Town of Christ-Church for the Entry, Road, safety and preservation of Ships that may resort thither, as well in peril of Storms as otherwise, to lad or unlade their Goods, and to alter, repair and amend the same or any part of it, from time to time as oft as need shall require. And to the end that the making the said River Navigable and passable for Barges, Boats, Lighters and other Vessels, and the erecting and making the said Haven, Channels, Sasses, Locks, Wears, Turnpikes, Penns for Water, Wharves, Bridges, Ways and Passages as aforesaid or other things, may not be any way prejudicial to the Inheritance, Possession or profit of any person or persons, Bodies Politic or Corporate whatsoever, that have any Lands, Tenements, Wears or Hereditaments adjoining unto the said River or Streams, Brooks, new Channels and Passages as aforesaid, or any of them, or through which the same shall be made or cut as aforesaid. Satisfaction to parties endamaged in any of their lands. Be it therefore Enacted by the Authority aforesaid, That the said Undertakers, before they do meddle with the Lands, Inheritance, Possession or Profit of any person or persons, Bodies Politic or Corporate, shall first agree with such persons, Bodies Politic or Corporate, for the loss or damage that any of them shall or may any way receive by the making or altering the said Haven, Channels, Wharves, Sasses, Locks, Wears and Passages, or procure some Order therein to be made by the Commissioners, to be Assigned for that purpose as hereafter in this present Act is expressed. And for the better effecting of the premises, and the due rating of the value of the things to be compounded for, by the true intent of this Statute, if the Parties shall not agree; Be it Enacted by the Authority aforesaid, Commissioners for compounding with persons so damnifide. That at the request and charges of the said Undertakers, One or more Commission or Commissions under the Great Seal of England shall be granted to Edward Earl of Clarendon, Lord Chancellor of England, Thomas Earl of Southampton, Lord High Treasurer of England, Philip Earl of Pembroke and Mountgomery, William Lord Herbert of Cardiff, Henry Lord Viscount Cornbury, George Lord Bishop of Winchester, and the Bishop of Winchester for the time being, John Lord Bishop of Sarum, and the Bishop of Sarum for the time being, William Lord Sands, Robert Lord Brook, Anthony Lord Ashly, Chancellor of the Exchequer, Sir Edward Nicholas Knight, One of His Majesty's most Honourable Privy-Council, Sir Robert Hyde Knight, Lord Chief justice of the King's Bench, Sir Wadham Windham Knight, one of the justices of the King's Bench, Sir George Grubham How Baronet, Sir Joseph Ash Baronet, Sir John Nicholas Knight of the Bath, sir John Low, Knight; sir Robert Mason, Knight; sir Thomas Mompesson, Knight; sir John Clobery, Knight; Stephen Fox, Esquire, Clerk of the Gréen-Cloth, and one of the Citizens for the City of New-Sarum; John Joyce Mayor of the City of New-Sarum, and the Mayor of the City for the time being; Richard Coleman, Esquire, Recorder of the City of New-Sarum, and the Recorder of the same City for the time being; Francis Roll Esquire, High Sheriff of the County of Southampton; Laurence Hyde, Esquire; Humphrey Wield, Esquire; Edward Hyde of Hatch, Esquire, Richard How, Esquire; John Holt the elder, of the Close of the City of New-Sarum, Esquire; George Vennerd of the City of New-Sarum, Esquire; Edward Manning, Esquire; Richard Compton, Esquire; Thomas Knowles, Esquire; Philip Lee, Esq Walter Bockland, Esq William Swanton, Esq Roger Gallop, Esq Edward Hooper of Huncourt, Esq Will. Tulse, Esq John Hobby, Esq Henry Tulse, Esquire; Henry Whitehead, Esq The Mayor of Wilton for the time being, and the Mayor of Christ-Church for the time being, Samuel Percival, Esquire; William Lisle, Esquire, and Philip Percival, Gentleman. The power of the said Commissioners. Which said Commissioners, or any seven or more of them, (not being Parties concerned) shall have full power and Authority, and are hereby empowered and Authorized by examination of witnesses upon Oath (which Oath they, or any seven, or more of them, have hereby power to administer) or by any other lawful ways or means to examine, here and determine all and all manner of Controversies, Debates and Questions which shall happen and arise between any persons whatsoever, touching or concerning any matter or thing relating to the aforesaid Premises, or any part thereof; And to appoint, determine and decree what and how much satisfaction every such person or persons, Body politic or Corporate, shall have for or in respect of the loss to be by him, her or them sustained, notice being first given of their Meeting by Papers publicly affixed to the Church-doors, or set up in the Market-places of the City of New-Sarum and the Towns of Christ-Church and Ringwood, Ten days at the least before their Meeting, declaring the time and place of their Meeting: And also notice in writing being first left at the Dwellinghouse of every Party concerned, or at their usual place of abode, or with some Tenant or Occupier of some House, Land, or Tenement of such party within fifteen Miles of the said River: Which said Determination, Sentence, and Decree set down, declared and pronounced by the said Commissioners, or any seven or more of them, and the Price and Recompense by them limited, shall bind all Parties therein concerned in Possession, Reversion or Remainder or otherwise, and as well Infants, Feme Coverts, as others, and their Heirs in Fée-Simple or in Tail, and their Executors, Administrators and Assigns, and all claiming by, from or under him, her or them, or any of them; which Order, Sentence and Decree shall be set down in writing under the Hands and Seals of the said Commissioners, or any seven or more of them, within six weeks after the first Resort to them for that cause according to this Act, the same to be kept among the Records of the Sessions of the Peace for the City of New-Sarum, by the Clerk of the Peace for the time being of the said City; Transcripts whereof shall be delivered to the several Clerks of the Peace of the respective Counties of Wilts and Southampton, to be by them kept upon Record amongst the Records of the Sessions of the said respective Counties; All which shall be taken, adjudged, and deemed good and sufficient Evidence, and proof in any Court of Record whatsoever. And that upon payment of such sum or sums so ordered or agreed upon (to the said persons concerned, or tender thereof made) at his or their Dwellinghouse, or the house of his or their Tenant of some Tenement, house or Land of theirs within fifteen miles of the said River; and if they have no such Dwellinghouse, Land or Tenement, or if upon such tender at their said Dwellinghouse, or the House, Land or Tenement of such Tenant as aforesaid, they refuse, or are not ready to receive the same; That upon payment of the said sum to the Mayor and Commonalty of the City of New-Sarum in the Council-Chamber of the said City, for the use of such persons, It shall then, and not before be lawful to and for the said Undertakers, and their Workmen and Servants, to dig and make, or cause to be digged and made the said Haven, Channels, Wharves, Sasses, Locks and Passages, or do any such other Act for which any such Agreement or Order shall be made as aforesaid. And be it further Enacted, That when any of the said Commissioners shall happen to die, How Commissioners dying or renouncing, may be supplied. or become unfit for, or renounce the Service; That then and so often it shall be lawful to and for the said Lord Chancellor or Lord Keeper of the Great Seal of England for the time being, from time to time to supply, appoint and authorise One, or so many Commissioners of the Counties of Wilts, Southampton or Dorset, of the Nobility, or Knights and principal Gentlemen of the said Countries, dwelling or having Estates within fifteen miles of the said River, as shall make and fill up the before mentioned number of Commissioners: which said Commissioners so supplied, appointed, and authorized as aforesaid, not exceeding the number before mentioned, nor being under the number of One and thirty, or any seven or more of them, shall from thenceforth have like Power and Authority in all things, as those Commissioners which are expressly named in this Act; And that the Commissioners, and such as from time to time for the future shall be supplied as aforesaid, or any seven or more of them have like Power and Authority to Survey the said Haven and River, and all Wharves, Sasses, Locks, Wears, Turnpikes, Penns for water, and all Ditches, Sewers, and Streams running into the said River; and the Mills, Mill-damms, Floodgates, Walls, Banks and Bridges now made, or hereafter to be made and built upon the same, and all Impediments, Decays, Loss and Annoyances in the same, and make like Process to inquire thereof, and to set such Fines, Penalties, and to make such Orders and Decrees for altering, amending or removing the same, as any Commissioners of Sewers by any Law, Statute, or Commission of Sewers are enabled to do in other Rivers and Places, Any Law or Statute to the contrary notwithstanding. And be it further Enacted by the Authority aforesaid, That the said Undertakers authorized as aforesaid for the making the said Haven and Passages, from time to time shall have full power and authority by and with the consent of the said Commissioners, or any seven or more of them, to make Orders and Constitutions for the good and orderly usage of the said Haven and Passages; and for all Wharves, The power to make orders and constitutions. Sasses, Locks, Wears and Turn-pikes, and for all Ships and Vessels, Barges, Lighters, Boats, Boat-men, Passengers, Carriages and Rates for Carriages, by or through the said Haven or Passages, and all things concerning the same; and to set, lay and execute such reasonable Pains and Punishments upon the Breakers thereof, To impose penalties upon the breakers. as to them in discretion shall seem meet and reasonable: which said Orders and Constitutions being put in Writing under the Hands and Seals of the said Undertakers, and being allowed by the said Commissioners, or any Seven or more of them, under their several Hands and Seals, and by the justices of Assize of the said several Counties of Wilts and Southampton, which shall be at the time of the Signing, Sealing, and Publishing of the said Orders as aforesaid, shall be binding to all persons whatsoever, any Law or Usage to the contrary notwithstanding. The said Orders and Constitutions to be kept amongst the Records of the Sessions of the Peace for the City of New-Sarum by the Clerk of the Peace for the time being of the said City, Transcripts whereof shall be delivered to the several Clerks of the Peace of the respective Counties of Wilts and Southampton, to be by them kept upon Record amongst the Records of the Sessions of the said respective Counties. All which shall be taken, adjudged and deemed good and sufficient Evidence and proof in any Court of Record whatsoever. Nevertheless the justices of Assize for the Counties of Wilts and Southampton, Persons grieved may appeal to the justices of Assize. upon complaint to them made by any persons grieved with the said Taxations, Assessments, Charges, Orders, Constitutions, Pains and Penalties, or any of them, shall and may abridge, moderate, alter or reform the same as they shall find just cause; such Orders to be under the Hands and Seals of the said justices, and to be kept among the Records of the Sessions as aforesaid. And the respective Commissioners and judges of Assize as aforesaid, are from time to time to take special care in the manner of the laying and assessing of the said Rates, and ordering and disposing of the said Haven, Passages and Wharf, that all opportunity for the Undertakers, or any other to engross the Commodities of the said Country, or impose upon the Markets, may be prevented. The Undertakers to have the Taxes upon Carts, Carriages, etc. And be it Enacted by the Authority aforesaid, That the said Undertakers authorized as aforesaid for the making the said Haven and Passages respectively, and their several and respective Heirs and Assigns for ever, having first given satisfaction as aforesaid, shall have, hold, peaceably and quietly receive, demand, take and enjoy all and every the said Rates, Profits and Advantages whatsoever which shall or may from time to time, and at all times hereafter be made, arise, grow or become due or payable for the Carriages of Wood, Coals, Corn, Salt, or any other Merchandises, Commodities, or Carriages whatsoever, by any Ship or Vessel, Barge, Boat, Lighter, or otherwise, up or down the said Haven, River, new Channels, or the said Sasses, Locks, Wears, Turn-pikes, Penns for water, Cranes, Wharves, or any of them; and also shall have and receive as aforesaid all Penalties imposed by the said Orders as aforesaid, and in case of Refusal or Denial of Payment, Penalties, and how to recover the same. shall and may sue for the same by Action of Debt in any Court of Record; in which Action, no Wager of Law, Essoign or Protection shall be allowed; or may distrain or make stoppage of the said Goods or Vessels till they shall be satisfied for the same; And that all Fines and Amerciaments which shall be imposed as aforesaid, for any Annoyances and Offences which shall be at any time hereafter committed to the hurt or prejudice of the said River, or any thing thereunto appertaining, shall be to the only use, benefit and behoof of the said respective Undertakers, their several and respective Heirs, Successors and Assigns for ever. And for that the Barges, Boats, Lighters or other Vessels must of necessity in some places, and at some times, be haled up by strength of Men, Horses, Winches, Engines, or other means in that behalf convenient; Drawing and haling of Barges, etc. upon the Banks. Be it therefore Enacted by Authority of this present Act, That it shall and may be lawful to and for Watermen, Boatmen, Bargemen, and other helpers of them, in convenient places, to have and use Winches, Ropes, and other Engines, and with the same, by strength of Men, Horses or other Beasts, or any of them, going upon the Land or Banks near the said River or passages in convenient manner, without the hindrance, trouble or impeachment of any person or persons, to Draw or Hale up the Barges, Boats, Lighters or other Vessels. Provided always, That neither the said Undertakers, nor Commissioners do make, or cause to be made any landing Place, Wharf or Key within the City of New-Sarum, New-Sarum. or the bounds or liberties thereof, or within one mile of the same, from Harnam-Bridge down the stream towards Christ-Church, without the consent of the Lord Bishop of Sarum, the Mayor and Recorder of the said City for the time being, and the three ancientest Aldermen of the said City, or three of them, first had and obtained. And be it further Enacted by the Authority aforesaid, That the said Haven, River, Channels, The River, Havens, etc. to be under the Survey of the Undertakers and Commissioners. Trenches, and all Wears, Wharves, Sashes, Locks, Turnpikes, Penns for water, and all other things whatsoever made and erected in order to making the said Haven, and making Navigable the said River and Channel as aforesaid, shall from henceforth be in the sole Rule, Order and Survey of the said Undertakers and Commissioners as aforesaid, and not under the Survey or Order of any Commissioners of Sewers, nor subject to a Commission of Sewers, or any Laws or Statutes made for Sewers; Any Law or Statute to the contrary hereof in any wise notwithstanding. And be it further Enacted by the Authority aforesaid, That if any Action, Bill, Persons sued for acting upon this Act, may plead the general Issue. Plaint or Suit be brought in any of His Majesty's Courts at Westminster, or elsewhere against any person or persons, for or concerning any matter or thing, by him, them, or any of them, done, advised, or commanded to be done by virtue of this Act, That it shall and may be lawful for every such person and persons, and for all that act in their aid and assistance, or by their commandment to plead the General Issue that he or they are not Guilty: And to give this Act, or any clause, matter or thing herein contained in Evidence to the jury that shall try the same, for their justification, without special Pleading of the same, and shall thereupon take advantage of this Act as fully to all intents and purposes, as if the same had been by them fully and well pleaded. Provided also, and be it Enacted by the Authority aforesaid, That Philip Earl of Pembroke and Montgomery shall and may have power, authority, and liberty (if he shall see cause, and find it to be necessary and convenient to the public good) to enlarge and make Navigable the River of Wiley from Harnam-Bridge aforesaid, so far as Wilton in the County of Wilts, Wiley River. and in order thereunto to put in execution the several Powers of this Act in relation to the said River of Wiley, in the same and as ample manner as the said River of Avon may be made Navigable by this Act, and under the same Prouisoes, Restrictions and Limitations. Anno XVII. Caroli TWO: Regis. CAP. I. Twelve hundred and fifty thousand pounds granted to the King's Majesty, for his present further Supply. WE Your Majesty's most Dutiful and Loyal Subjects, the Commons Assembled in Parliament, having observed the Ways and Means by which Your Majesty hath been enforced to Engage Yourself in a War against the States of the United Provinces, for the necessary Defence of Your own Crown and Dignity, and the Safety and welfare of Your People; Do with all humble Thankfulness acknowledge Your Majesty's Care and Conduct in this Great Affair; which, as it hath been already attended with very considerable Success, so we shall daily pray, that all Your Majesty's Enterprises may still be crowned with Honour and Victory: And although the continuing Insolence of Your Majesty's Enemies, and the doubtful Amity of some of Your Majesty's Neighbours, have made it necessary to provide for further and greater Expenses, in a time when the general Contagion hath much interrupted our Trade and Commerce; Yet, that Your Majesty may see that we your Majesty's Loyal Subjects, do more consider our Zeal and Duty to your Majesty, than any difficulties under which we labour, We have cheerfully and unanimously given and granted, and by these presents do give and grant unto Your most Excellent Majesty, the sum of Twelve hundred and fifty thousand pounds, to be Raised and Levied in manner following; And we do most humbly beseech 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 of the Commons in this present Parliament Assembled, and by Authority of the same, That the sum of Twelve hundred and fifty thousand pounds shall be Raised, Levied, 1250000 l. granted to his Majesty. and paid unto your Majesty within the space of Two years, in manner following: That is to say, Whereas in and by a certain Act of Parliament lately passed, Entitled, An Act for granting a Royal Aid unto the King's Majesty of Twenty four hundred threescore and seventeen thousand and five hundred pounds, 16 & 17 Car▪ 2. cap. 1. to be Raised, Levied and paid in the space of Three years; It was amongst other things Enacted, That the sum of Threescore and eight thousand eight hundred and ninetéen pounds and nine shillings by the month, for Thirty six months, beginning from the Five and twentieth day of December, 1664. should be Assessed, Taxed, Collected, Levied and paid, by Twelve Quarterly payments, in the several Counties, Cities, Burroughs, Towns and places within England and Wales, and the Town of Berwick upon Tweed, according to the several Rates and Proportions, and in such manner as in the said Act is expressed; One years payment whereof, that is to say, Four Quarterly Payments will be fully expired upon the Five and twentieth day of December, in the year of our Lord, 1665. And Two years' payment more will be then to come and unexpired. It is now further Enacted by the Authority aforesaid, 52083 l. 6 s. 8 ● per mensem▪ That the sum of Fifty two thousand fourscore and three pounds six shillings and eight pence by the month, for Twenty four months, beginning from the Five and twentieth day of December, One thousand six hundred sixty five, shall be Assessed, Taxed, Collected, Levied and paid by Eight Quarterly payments, in the several Counties, Cities, Burroughs, Towns and places within England and Wales, and the Town of Berwick upon Tweed, over and above the sum of Threescore and eight thousand eight hundred and ninetéen pounds and nine shillings by the month, which is to remain and continue payable during the said Twenty four months, by virtue of the said former Act, and as an Addition to, and increase of the said Monthly Assessment, according to these further Rates, Rules, and Proportions, in such manner as herein after is expressed; That is to say, for every of the said Twenty four months: FOr the County of Bedford, the sum of Six hundred seventy eight pounds fourtéen shillings nine pence farthing. The County of Berks, Eight hundred fifty six pounds eighteen shillings two pence three farthings. The County of Bucks, Nine hundred ninety five pounds seven shillings ten pence. The County of Cambridge, the sum of Seven hundred seventy one pounds eighteen shillings one penny farthing. The Isle of Ely, Two hundred sixty four pounds fifteen shillings ten pence. The County of Chester, with the City and County of the City of Chester, the sum of Six hundred and six pounds seven shillings seven pence. The County of Cornwall, the sum of One thousand one hundred sixty six pounds two shillings four pence farthing. The County of Cumberland, the sum of One hundred twenty seven pounds seven shillings three pence farthing. The County of Derby, the sum of Six hundred fifty two pounds twelve shillings eleven pence three farthings. The County of Devon, the sum of Two thousand four hundred forty four pounds six shillings nine pence farthing. The City and County of the City of Exon, the sum of Eighty eight pounds one shilling two pence farthing. The County of Dorset, the sum of One thousand and seventéen pounds nine shillings nine pence halfpenny. The Town and County of Pool, the sum of Eight pounds six shillings three pence farthing. The County of Durham, the sum of Two hundred forty five pounds one shilling five pence farthing. The County of York, with the City and County of the City of York, and Town and County of Kingston upon Hull, the sum of Two thousand six hundred twenty five pounds eight shillings seven pence three farthings. The County of Essex, the sum of Two thousand three thundered forty four pounds sixtéen shillings one penny three farthings. The County of Gloucester, the sum of One thousand three hundred sixty eight pounds twelve shillings six pence farthing. The City and County of the City of Gloucester, the sum of Twenty nine pounds sixtéen shillings three pence farthing. The County of Hereford, the sum of Eight hundred fifty six pounds eight shillings one penny three farthings. The County of Hertford, the sum of One thousand and eighteen pounds nine shillings five pence farthing. The County of Huntingdon, the sum of Four hundred seventy nine pounds eleven shillings four pence. The County of Kent, with the City and County of the City of Canterbury, the sum of Two thousand five hundred and seventéen pounds fourtéen shillings six pence farthing. The County of Lancaster, the sum of Seven hundred sixty one pounds sixtéen shillings four pence farthing. The County of Leicester, the sum of Eight hundred and twenty pounds seventéen shillings six pence three farthings. The County of Lincoln, with the City and County of the City of Lincoln, the sum of One thousand nine hundred forty eight pounds fifteen shillings two pence farthing. The City of London, with the Liberty of St. martin's Le Grand, the sum of Three thousand eight hundred fifty three pounds two shillings ten pence three farthings. The County of Middlesex, with the City and Liberty of Westminster, the sum of One thousand six hundred ninety five pounds ten shillings ten pence. The County of Monmouth, the sum of Two hundred ninety five pounds two shillings nine pence three farthings. The County of Northampton, the sum of One thousand and seventy pounds one penny farthing. The County of Nottingham, with the Town and County of the Town of Nottingham, the sum of Six hundred and sixty pounds ninetéen shillings two pence farthing. The County of Norfolk, the sum of Two thousand five hundred and fifty pounds fifteen shillings four pence farthing. The City and County of the City of Norwich, the sum of One hundred thirty six pounds four shillings four pence halfpenny. The County of Northumberland, with the Town of Newcastle and Berwick upon Tweed, the sum of Two hundred eighty two pounds two shillings three pence farthing. The County of Oxon, the sum of Eight hundred fifty nine pounds six shillings eight pence farthing. The County of Rutland, the sum of One hundred eighty one pounds ninetéen shillings two pence farthing. The County of Salop, the sum of Nine hundred and ten pounds eighteen shillings six pence farthing. The County of Stafford, the sum of Six hundred forty five pounds four shillings three halfpences. The City and County of the City of Lichfield, the sum of Nine pounds sixtéen shillings nine pence farthing. The County of Somerset, the sum of Two thousand ninety seven pounds eight shillings two pence three farthings. The City and County of the City of Bristol, the sum of One hundred and fifty pounds eighteen shillings two pence farthing. The County of Southampton, with the Town and County of Southampton and Isle of Wight, the sum of One thousand six hundred fifty six pounds seventéen shillings and eleven pence. The County of Suffolk, the sum of Two thousand four hundred ninety six pounds four shillings seven pence farthing. The County of Surrey, with the Burrow of Southwark, the sum of One thousand two hundred and eight pounds eleven shillings four pence farthing. The County of Sussex, the sum of One thousand three hundred seventy eight pounds seven shillings four pence three farthings. The County of Warwick, with the City and County of the City of Coventry, the sum of Nine hundred and two pounds seven shillings and two pence. The County of Worcester, the sum of Seven hundred ninety seven pounds eleven shillings and ten pence. The City and County of the City of Worcester, the sum of Forty one pounds ninetéen shillings six pence three farthings. The County of Wilts, the sum of One thousand four hundred eighty eight pounds nine shillings six pence halfpenny. The County of Westmoreland, the sum of Eighty seven pounds fifteen shillings eight pence halfpenny. The Isle of Anglesey, the sum of Ninety five pounds two shillings two pence. The County of Brecknock, the sum of Two hundred thirtéen pounds sixtéen shillings halfpenny. The County of Cardigan, the sum of Eighty pounds one shilling two pence farthing. The County of Carmarthen, the sum of Two hundred and six pounds three shillings five pence halfpenny. The County of Carnarvan, the sum of One hundred and ten pounds eighteen shillings ten pence three farthings. The County of Denbigh, the sum of One hundred sixty nine pounds three shillings three halfpences. The County of Flint, the sum of Eighty nine pounds eighteen shillings eleven pence three farthings. The County of Glamorgan, the sum of Two hundred eighty six pounds sixtéen shillings three pence farthing. The County of Merioneth, the sum of Seventy six pound five shillings eight pence three farthings. The County of Mountgomery, Two hundred and nine pounds six shillings six pence. The County of Pembroke, the sum of Two hundred forty seven pounds one shilling seven pence three farthings. The County of Radnor, the sum of One hundred thirty one pounds eighteen shillings six pence three farthings. The Town of Haverford-West, the sum of Eleven pound nine shillings seven pence. And be it further Enacted by the Authority aforesaid, Commissioners named in the former Act shall have the same power for executing this Act. That all and every the persons who are nominated in and by the said former Act to be Commissioners of and for the several and respective Counties, Cities, Burroughs, Towns and Places therein mentioned, shall likewise be, and so are hereby appointed to be Commissioners for execution of this present Act within the said several and respective Counties, Cities, Burroughs, Towns and places for which they were nominated in the aforesaid Act, and shall have and execute the like Powers and Authorities, Rules and Directions, touching the better Assessing, Collecting, Levying, Receiving and Paying the said Fifty two thousand fourscore and three pounds six shillings and eight pence by the Month, during the said Twenty four months, as in and by the aforesaid Act were given to the said Commissioners, touching the better Assessing, Collecting, Levying, Receiving and Paying the said Threescore and eight thousand eight hundred and ninetéen pounds and nine shillings by the Month, payable as aforesaid: And all and every person or persons who shall be liable unto, or any ways concerned or employed in the Assessing, Collecting, Levying, Receiving or Paying any 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 Assessments, or to perform their respective Duties, as any other person or persons liable unto, or concerned or employed in the Assessing, Collecting, Levying, Receiving or Paying any of the moneys by the said former Act imposed, or to have, or be subject unto, as fully and amply as if the same Clauses, Matters and Things had been in this Act particularly repeated and Enacted; To the end that the Monthly Assessments, which will remain due and payable by virtue of the said former Act, and the monthly Additions thereunto made by virtue of this present Act, may be duly answered and paid in as aforesaid. The first meeting 8. Jan. And be it further Enacted, That the several Commissioners shall meet together at the most usual and common place of meeting, as in the said Act is directed, on, or before the Tenth day of January next, to put this Act and the said former Act in execution, according to the best of their judgements and Discretions; and shall then, if they see cause, subdivide themselves, as by the said Act is further directed concerning the said former Assessment: And further, That they meet at least three Weeks before each Quarterly Payment of the said several Assessments for the purposes aforesaid; And that the said Eight Quarterly Payments of Fifty two thousand fourscore and three pounds six shillings eight pence by the Month, amounting in each Quarter to the sum of One hundred fifty six thousand two hundred and fifty pounds, shall be Assessed, Collected, Levied and paid to the Receivers of the several Counties appointed, or that shall be appointed by His Majesty, and by them answered and paid into His Majesty's Exchequer, on the days and times mentioned and expressed in the said Act for payment of the said first Assessment. Moneys lent to his Majesty or Wares, how to be secured. 18 Car. 2. cap. 1. And to the intent that all money to be lent to Your Majesty, and moneys that shall be due upon such Contracts for Wares and Goods which shall be delivered for this service, may be well and sufficiently secured out of the moneys arising and payable by this Act; Be it further Enacted by the Authority aforesaid, That there be provided and kept in His Majesty's Exchequer (to wit) in the Office of the Auditor of the Receipt, one Book or Register, in which Book or Register, all moneys that shall be paid into the Exchequer by this Act, shall be entered and registered apart and distinct from the moneys paid or payable to Your Majesty on the before mentioned Act, and from all other moneys or Branches of Your Majesty's Revenue whatsoever; And that also there be one other Book or Registry provided or kept in the said Office, of all Orders and Warrants to be made by the Lord Treasurer, and under-treasurer, or by the Commissioners of the Treasury for the time being, for payment of all and every Sum and Sums of money to all persons for Moneys lent, Wares or Goods bought, or other payments directed by His Majesty relating to the service of His War; And that no moneys leviable by this Act be issued out of the Exchequer during this War, 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. That also there be the like Book or Register provided and kept by the said Auditor of all moneys paid out, or issued by virtue of such Orders and Warrants. That it shall be lawful for any person or persons, willing to lend any money, or to furnish any Wares, Victuals, Necessaries or Goods 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 Engagements upon them, for their better Encouragement to lend any moneys, or furnish any Goods or Wares as aforesaid; And that the respective Officers and their Deputies, and Clerks in whose custody such Books be, or shall be, shall be assistant to such persons for their better and speedier satisfaction in that behalf; 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 a Warrant contained for payment of Interest for forbearance, after the Rate of six per Cent. per annum, for his consideration, to be paid every six months 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, Victuals, or 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 money lent, shall be registered in course, according to the Date of the Tallies respectively; And that all Orders signed by the Lord Treasurer and under-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 registered 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 entered 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 entered 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 entered 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 entered 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 virtue of this Act; and he or they that shall have his or their Warrants or Orders, Warrant or Order next entered, 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 Fee, Reward or Gratuity, directly or indirectly be demanded or taken of any of Your Majesty's 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 Use of Your Majesty's Navy and Ordnance as aforesaid, by any of Your Majesty's Officer or Officers, their Deputies or Clerks, on pain of payment of triple Damages to the party grieved, by the party offending, with costs of Suit; And if the Officer himself take or demand any such Fee or Reward, then to lose his place also. And if any undue preference of one before another shall be made, either in point of Registering, contrary to the true meaning of this Act, by any such Officer or Officers, than 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, than 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 Bells Record, or the Teller make payment according to each persons due place and order as afore directed, than 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 Registered; 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 Bells 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 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 virtue of this Act, after Warrant or Order entered for payment thereof, his Executors, Administrators or Assigns, by Endorsement 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 Fees or charge accordingly make) shall Entitle 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 months 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 itself 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 acknowledgement contained in a certain Act of Parliament made in the Fourtéenth year of His Majesty's Reign, and Entitled, An Act for the Uniformity of Public Prayers and Administration of Sacraments, and other Rites and Ceremonies, and for the Establishing the Form of Making, ●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 Meetings, under colour or pretence of Exercise of Religion, contrary to the Laws and Statutes of this Kingdom, have settled themselves in divers Corporations in England, sometimes Three or more of them in a place, thereby taking an opportunity to distil the poisonous Principles of Schism and Rebellion into the hearts of His Majesty's 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 been 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 Traitorous 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 Meeting, 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 only 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 Majesty's 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 been Parson, Vicar, Curate, Stipendiary or Lecturer, or taken upon them to Preach in any unlawful Assembly, Conventicle or Meeting, 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 justices 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 justices are hereby Empowered there to Administer) upon forfeiture for every such offence the sum of Forty 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 justices of Assize, Oyer and Terminer, or Gaol-Delivery, or before any justices of the Counties Palatine of Chester, Lancaster, or Durham, or the justices of the great Sessions in Wales, or before any justices 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 herself reverently, decently and orderly there, to Teach any public or private-School, or take any Boarders or Tablers that are Taught or Instructed by him or herself, 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 justices of the Peace of the respective County, upon Oath to them of any offence against this Act, which Oath they are hereby Empowered to Administer, to Commit the Offender for Six months without Bail or Mainprize, unless upon or before such Commitment, he shall before the said justices of the Peace, Swear and Subscribe the aforesaid Oath and Declaration. Provided always, That if any person intended to be Restrained by virtue 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 settled 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 Stipendiary Preachers are entertained to serve the Cures there; who wholly depending for their Maintenance upon the good will and liking of their Auditors, have been, and are hereby under temptation of too much complying, and suiting their Doctrine and Teaching to the humour rather than good of their Auditors, which hath been 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 settled Maintenance for them by the Union of Churches; which is also become necessary, by reason of the great Ruin of many Churches and Parishes in the late ill times, and otherwise; Do therefore most humbly beseech 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 Chapels 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 have a Mayor and Aldermen, and particular justices of the Peace by Charter or Commission, or Bailiff or Bailiffs, or other Chief Officer or Officers, and other Assistants by like Charter; and where two or more Churches or Chapels, or a Church & a Chapel, & 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, aldermans, and justices of the Peace, Bailiff or Bailiffs, 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 Chapels, shall, or may according to due form of Law unite the said Churches or Chapels, or Church and Chappel, or any of them, and shall appoint at which Church or Chappel, Churches or Chapels the said Parishioners and Inhabitants of the said Parishes or places to which the said Churches or Chapels, or Church and Chappel do belong, shall usually meet for the worship of God, and which of the said Churches or Chapels, 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 shall resort as their proper Church. And after such Order made, the said Churches or Chapels, 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 Chapels, or Church and Chappel so united and annexed, shall, as they, or any of them become void, and from thenceforward pay all such Tithes and other Duties as belong, or did belong to the Incumbent of any of the said Churches or Chapels, 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 Chapels, or Church or Chappel shall be so united and annexed. Parishes shall remain distinct notwithstanding such Union of Churches. And it is hereby also Enacted, That notwithstanding any such Union to be made by virtue hereof, each of the Parishes so united, shall continue distinct, as to all Rates, Taxes, Parochial Rites, Charges and Duties, and all other Privileges, 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 Uniting shall take effect. And it is further Enacted and Provided, That where one or more of the said Churches or Chapels, or Church and Chappel so united and annexed shall be full at the time of making such Union, That then the said Union shall take effect for every such Church or Chappel, And how several Patrons shall present. upon the first Avoidance after such Union made: And that the several Patrons of the said Churches and Chapels so United, shall and may present by turns to that Church only which shall remain and be presentative from time to time, in such order as the said Bishop with the consent of the said Mayor, aldermans, and justices of Peace, Bailiff or Bailiffs, 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 Chapels, shall determine and decree 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 Chapels, or any of them; Saving unto the King's Majesty, His Heirs and Successors, all the Tenths and First-Fruits of all such Churches and Chapels so to be United, according to the rates and valuations at which the said Churches and Chapels are Rated and Valued in the Office of First-Fruits and Tenths, in His Majesty's Court of Exchequer: And also reserving all Procurations and Pensions to all persons to whom they are now, and have been formerly, or shall be hereafter due and payable; Any thing herein contained notwithstanding. How Unions must be registered. Provided always, That no Union of Parishes or places to be made by virtue of this Act, shall commence or be effectual in Law, until it be Registered 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 United. Provided always, That no Union made by virtue hereof, shall be good and effectual where the settled Maintenance belonging to the Parsons, Vicars and Incumbents of the Church or Chappel, or Churches or Chapels so United, shall exceed 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 o● s●ch United P●● she's must be graduates of the University. Provided always, And be it Enacted, That every Minister settled as aforesaid, the Incumbent of any Church or Chappel, or Churches or Chapels 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 Universities of this Kingdom. Owners of Impropriations may bestow and annex maintenance 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, Tithes, or Portion of Tithes, in any Parish or Chappelry within the Kingdom of England, or Dominion of Wales, is, are, and shall be by virtue of this Act, enabled and empowered 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 endowed according to his or their respective Estates, Without licence of Mortmain. without any Licence of Mortmain; Any Law or Statute to the contrary notwithstanding. Parsons and Vicars not having settled means of 100 l. per annum, may purchase and annex lands or rents. without licence in Mortmain. And be it further Enacted, That if the settled Maintenance of such Parsonage, Vicarages, Churches and Chapels 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, Tithes, or other Hereditaments, without any Licence of Mortmain; Any Law or Statute to the contrary notwithstanding. CAP. IU. A Former Act for Regulating the Press Continued. BE it Enacted by the Kings most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons in this present Parliament assembled, That an Act made in the Fourtéenth year of the Reign of Our Sovereign Lord the King that now is, 14 Car. 2. cap. 23. Entitled, An Act for preventing Abuses in Printing Seditious, Treasonable, and Unlicensed Books and Pamphlets, and for Regulating of Printing, and Printing Presses, shall be continued with the Alterations and Additions made in and by this Act, and shall remain in force until the end of the First Session of the next Parliament. And be it further Enacted, That from and after the Six and twentieth day of December, One thousand six hundred sixty five, Three printed Copies of every Book in London how to be disposed. Every Printer within the City of London, or in any other place, except the Two Universities, shall reserve Three Printed Copies of the best and largest Paper, of every Book new Printed, or reprinted by him with Additions; and shall before any public Vending of the said Book, bring them to the Master of the Company of Stationers, and deliver them to him; One whereof shall by the said Master of the said Company of Stationers, within Ten days after he hath so received the same, be delivered to the Keeper of His Majesty's Library, and the other two, within the said ten days, to be sent to the Vicechancellor of the two Universities respectively, for the use of the public Libraries of the said Universities. Books printed in the Universities And it is further Enacted, That the Printers in the said Universities, and every of them respectively from and after the said Six and twentieth day of December, shall deliver one such Printed Copy as aforesaid, of every Book so new Printed, or reprinted in the said Universities, or in either of them, to the Keeper of His Majesty's Library as aforesaid; as also to the Vicechancellor of either of the said Universities for the time being, two other such Printed Copies, for the use of the public Libraries of the said Universities respectively. And if any of the printers aforesaid, or the said Master of the Company of Stationers shall not observe the direction of this Act therein, That then he and they so making default, in not delivering the said printed Copies as aforesaid, shall severally forfeit, besides the value of the said printed Copies, the sum of Five pounds for every Copy not so delivered; as also the value of the said printed Copies not so delivered: The same to be recovered by His Majesty, His Heirs and Successors, and by the Chancellor, Masters and Scholars of either of the said Universities respectively, by Action of Debt, Bill, Plaint or Information, in any of His Majesty's Courts of Record at Westminster, wherein no Essoyn, Protection, or Wager of Law shall be allowed. CAP. V. Thomas Dolman, Joseph Bampfeild, and Thomas Scot attainted of High Treason, if they render not themselves by a Day. IN all humble manner show unto Your most Excellent Majesty, Your Majesty's most Dutiful and Loyal Subjects the Lords Spiritual and Temporal and Commons Assembled in Parliament, That whereas it is notoriously known that Thomas Dolman, Joseph Bampfeild alias Stepner, and Thomas Scot Son of Thomas Scot lately Executed as a Most execrable Traitor, & one of the horrid & bloody murderers of His late Royal Majesty King Charles the First of ever blessed memory, contrary to the duty of their Allegiance, have most traitorously and wickedly adhered, and still do adhere to Your Majesty's Enemies beyond the Seas, where they as yet remain and commit divers Treasonable acts, without any sense of loyalty to Your Majesty, or of natural affection to their native Country: May it therefore please Your most Excellent Majesty, That it may be Enacted, And be it Enacted by the Kings most Excellent Majesty, by and with the consent and advice of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled, That if the said Thomas Dolman, Joseph Bampfeild alias Stepner, and Thomas Scot, Thomas Dolman, Joseph Bampfeild, Thomas Scot shall not return into the Realm of England, and render themselves to some or one of His Majesty's justices of the Peace for the County wherein he or they shall first arrive, at, or before the first day of February next ensuing, and also abide their Legal Trial for such their Treasons; Then every of them the said Thomas Dolman, Joseph Bampfeild alias Stepner, and Thomas Scot, not rendering himself as aforesaid, or not abiding his Trial aforesaid, shall from and after the said First day of February stand and be adjudged attainted of High Treason, to all intents and purposes whatsoever, and shall suffer and forfeit as a person attaint of High Treason by the Laws of the Land ought to suffer and forfeit. And be it further Enacted by the Authority aforesaid, Persons beyond Sea, by Proclamation are required to return into England. That all and every person and persons who now are, or hereafter shall be beyond the Seas, and whom His Majesty by any of His Royal Proclamations to be issued under the Great Seal of England, during the continuance of this War with the States of the United Provinces, shall name and require to return into England, and render themselves by a certain day therein to be mentioned, to some or one of His Majesty's justices of the Peace for the County wherein he or they shall first arrive, and shall not return and render themselves accordingly, and abide their legal Trial, shall from and after the day to them to be prefixed by such Proclamation, stand and be attainted of High Treason to all intents and purposes, and shall suffer such pains and penalties, and undergo all such forfeitures as persons attainted of High Treason ought to do. The time by such Proclamation Three months at least. Provided, That the time to be prefixed by such Proclamation for the persons therein to be named to render themselves, be not less than the time and term of Three Calendar months, from and after the Date of such Proclamation. And be it further Declared and Enacted by the Authority aforesaid, Persons Serving the States of the United Provinces during the War. That all and every His Majesty's Subjects, who from and after the First day of February next ensuing, shall at any time during the continuance of the said War, serve the States of the United Provinces, either by Land or Sea, as a Soldier or Seaman on this side the straits; Or from and after the First day of May, in the year of our Lord One thousand six hundred sixty and six, within the straits; Or from and after the First day of August in the said year One thousand six hundred sixty six, in Africa or America, or any any where beyond the straits, on this side the Equinoctial; Or from and after the First day of February, in the said year One thousand six hundred sixty six, in the East-Indies, or any part beyond the Equinoctial, shall be and are hereby Attainted of High Treason, and shall suffer and forfeit to all intents and purposes, as persons Attainted of High Treason ought to do. CAP. VI Damage Clear taken away. WHereas the moneys which are taken by Prothonotaries of Your Majesty's Courts of King's Bench and Common Pleas, and by the Clerk of Your Majesty's Court of Exchequer at Westminster, and the Prothonotary of Your Majesty's Court of Common Pleas at Lancaster, and the Prothonotaries and Clerks of other Your Majesty's Courts within the Realm of England, and Dominion of Wales, in the name of Damna Clericorum, or Damage Clear, Damna Clericorum. are an unnecessary charge and burden to all Your Majesty's Subjects, who have good cause, and are put to Sue for Damages in Actions where Damages are recoverable. For avoiding of which inconveniencies for the future, and that Your Majesty's Subjects may have an easier means for the recovery of their damages, and just rights, which are unjustly detained from them: May it please Your most Excellent Majesty that it may be Enacted; And the Kings most Excellent Majesty being willing upon all occasions to ease His Subjects of all unnecessary charges and burdens, is graciously pleased, That it be Enacted, And be it Enacted by the Kings most Excellent Majesty, Shall determine and not be taken after the 29 day or September 1672. 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 immediately from and after the Twenty ninth day of September, which shall be in the year of our Lord, One thousand six hundred seventy two, no Damage Clear shall by any Title or Precept whatsoever, be due, payable, taken or received from any person or persons in any Action whatsoever, sued or prosecuted in any of His Majesty's Courts at Westminster, or elsewhere within the Kingdom of England, or Dominion of Wales, by any Prothonotary, Clerk or Clerks, or other Officer or Officers of the said Courts respectively: And that from and after the day and year aforesaid, the said Fee of Damna Clericorum, or Damage Clear, shall wholly cease, and be for ever abolished in the said Courts; And that if any Prothonotary, Clerk or Clerks, or other Officer in any of the said Courts, The Penalty. shall take or exact any sum or sums of money in the name of Damna Clericorum, or Damage Clear, or any thing in lieu thereof, after the day and year above mentioned: Or if any of the said Prothonotaries, Clerk or Clerks or their Deputies, at any time before the said Twenty ninth day of September in the year aforesaid, shall exact or take any Damage Clear, or sum of money, Bond or Security in lieu thereof, from any Plaintiff or Plaintiffs, Demandant or Demandants, in any Action where Damages have been, or hereafter shall be recovered in any of the said Courts, or shall refuse or delay to Sign any judgement, until Damage Clear be first paid by the Plaintiff or Demandant (which are not to be paid, unless forth of the moneys levied from, or paid by the Defendants, as is herein after provided and mentioned) He or they so offending, shall forfeit triple the sum so taken, exacted or demanded, to the party or parties grieved, to be recovered by Bill, Plaint or Information in any of the said Courts, wherein no Essoyn, Protection, or Wager of Law shall be allowed. Provided, and be it further Enacted, That until the Nine and twentieth day of September, which shall be in the year of our Lord God, In what cases only they may be taken until the 29 September 1672. One thousand six hundred seventy and two, and no longer, the Damage Clear shall be paid, answered, and allowed out of such sum and sums of money only as shall be actually levied, or otherwise paid by or from the Defendants; and only for the proportion of the Sum and Sums of money which shall be so levied or otherwise paid as aforesaid, and no more or otherwise. CAP. VII. For a more speedy and effectual proceeding upon Distresses and Avowries for Rents. FOrasmuch as the ordinary Remedy for Arrearages of Rents, is by Distress upon the Lands chargeable therewith; And yet nevertheless by reason of the intricate and dilatory proceed upon Replevins, that Remedy is become ineffectual: For remedy thereof, It is Enacted by the Kings most Excellent Majesty, with the Advice and Assent of the Lords Spiritual and Temporal, Plaintiff in Replevin being nonsuit before issue joined. and Commons in this present Parliament Assembled, and by Authority of the same, That whensoever any Plaintiff in Replevin shall be Nonsuit before Issue joined in any Suit of Replevin, by Plaint or Writ lawfully returned, How the Defendant may Avow. removed, or depending in any of the King's Courts at Westminster, That the Defendant making a Suggestion in nature of an Avowry or Cognizance for such Rent, to ascertain the Court of the cause of Distress; The Court upon his Prayer shall award a Writ to the Sheriff of the County where the Distress was taken, to inquire by the Oaths of Twelve good and lawful men of his Bayliwick, touching the Sum in Arrear at the time of such Distress taken, and the value of the Goods or distrained; And thereupon notice of Fifteen days shall be given to the Plaintiff or his Attorney in Court, of the sitting of such Enquiry; and thereupon the Sheriff shall inquire of the truth of the matters contained in such Writ, by the Oaths of Twelve good and lawful men of his County: And upon the Return of such Inquisition, the Defendant shall have judgement to recover against the Plaintiff the Arrearages of such Rent, in case the Goods or distrained shall amount unto that value: And in case they shall not amount to that value, than so much as the value of the said Goods and so distrained shall amount unto, The Plaintiff nonsuit after Avowry made etc. together with his full Costs of Suit, and shall have Execution thereupon by Fieri facias, or Elegit, or otherwise as the Law shall require. And in case such Plaintiff shall be nonsuit after Cognisance or Avowry made, and Issue joined, or if the Verdict shall be given against such Plaintiff; then the jurors that are Impanelled or Returned to inquire of such Issue, shall at the prayer of the Defendant inquire concerning the Sum of the Arrears, and the value of the Goods or distrained: And thereupon the Avowant, or he that makes Cognisance shall have judgement for such Arrearages, or so much thereof as the Goods or distrained amount unto, together with his full Costs, and shall have Execution for the same by Fieri facias or Elegit, or otherwise, as the Law shall require. judgement upon Demurrer for the Avowant. And be if further Enacted by the Authority aforesaid, That if judgement in any of the Courts aforesaid be given upon Demurrer for the Avowant, or him that maketh Cognisance for any Rent, the Court shall at the prayer of the Defendant award a Writ to inquire of the value of such Distress; and upon the return thereof judgement shall be given for the Avowant, or him that makes Cognisance as aforesaid, for the Arrears alleged to be behind in such Avowry or Cognisance, if the Goods or so distrained shall amount to that value: And in case they shall not amount to that value then for so much as the said Goods or cattle so distrained amount unto, together with his full Costs of Suit, and shall have like Execution as aforesaid. Provided always, And be it Enacted, That in all Cases aforesaid, where the value of the distrained as aforesaid, shall not be found to be to the full value of the Arrears distrained for, that the party to whom such Arrears were due, his Executors or Administrators may from time to time Distrain again for the Residue of the said Arrears. 19 Car. 2. cap. 5. This Act made to extend to Wales and Counties Palatine. CAP. VIII. An Act for avoiding unnecessary Suits and Delays. FOr the avoiding of unnecessary Suits and Delays, 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, Death of either party between the Verdict and judgement. That in all Actions personal and real, or mixed, the death of either party between the Verdict and the judgement, shall not hereafter be alleged for Error; so as such judgement be entered within two Terms after such Verdict. And be it further Enacted by the Authority aforesaid, judgement obtained by an Executor. where any judgement after a Verdict shall be had, by or in the name of any Executor or Administrator; In such case an Administrator de bonis non may sue forth a Scire facias, and take Execution upon such judgement. This Act to continue for the space of Five years; The continuance of this Act. and from thence to the end of the next Session of Parliament. CAP. IX. An Act for granting one Months Assessment to His Majesty. WE Your Majesty's most dutiful and Loyal Subjects the Commons Assembled in Parliament, taking notice of that Heroic Courage, The Heroic Courage of his Highness the Duke of York. with which Your Majesty's Royal Brother exposed his own Person for the Defence of Your Majesty and Your People against the Dutch Fleet, and of the Glorious Victory through the blessing of Almighty God by him obtained, are humble Suitors unto Your Majesty, that we may have leave to make some expressions of our Humble Thanks to his Royal Highness for the same; And that for this end, Your Majesty would graciously please to accept from us your Loyal Subjects, the sum of money herein after mentioned, and to bestow the same upon Your Majesty's Royal Brother; Wherefore we your Majesties said Dutiful and Loyal Subjects, have given and granted, and by these presents do give and grant unto your most Excellent Majesty (whom God long preserve) the Sum of One hundred and twenty thousand nine hundred and two pounds, fifteen shillings and eight pence, to be raised and levied in manner following, (That is to say;) Whereas in and by a certain Act lately passed for granting a Royal Aid unto his Majesty of Twenty four hundred threescore and seventéen thousand and five hundred pounds, to be raised, 16 & 17 Ca●. 2. cap. 1. levied and paid within the space of three years; It was amongst other things Enacted, That the sum of Threescore and eight thousand eight hundred and ninetéen pounds, and nine shillings by the Month, for thirty six Months, beginning from the Five and twentieth day of December, One thousand six hundred sixty four, should be assessed, taxed, levied and paid by twelve quarterly payments, in the several Counties, Cities, Burroughs, Towns and places within England and Wales, and Town of Berwick upon Tweed, according to the Rates and Proportions therein expressed. And whereas in and by another Act passed in this present Session of Parliament, 17 Car. 2. cap. 1. It is further Enacted, That the sum of Fifty two thousand fourscore and three pounds six shillings and eight pence by the month, for twenty four months, beginning from the five and twentieth day of December, One thousand six hundred sixty five, shall be likewise assessed, taxed, collected, levied and paid by eight quarterly payments, in the several Cities, Burroughs, Towns and Places within England and Wales, and the Town of Berwick upon Tweed, over and above the said sum of Threescore and eight thousand eight hundred and ninetéen pounds and nine shillings, as an addition to, and increase of the same monthly Assessment, both which Sums together amount unto the sum of One hundred and twenty thousand nine hundred and two pounds fifteen shillings and eight pence by the Month. It is now further 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, That the Sum of One hundred and twenty thousand nine hundred and two pounds fifteen shillings and eight pence, for one Month's Assessment more, beginning upon the Six and twentieth day of December, One thousand six hundred sixty seven, and ending upon the Six and twentieth day of January in the same year, shall be assessed, taxed, collected, levied and paid in the several Counties, Cities, Burroughs, Towns and Places within England and Wales, and the Town of Berwick upon Tweed, according to the Rates and Proportions following: That is to say, For the County of Bedford, the sum of One thousand five hundred seventy and five pounds twelve shillings six pence farthing. The County of Berks, the sum of One thousand nine hundred eighty nine pounds four shillings nine pence three farthings. The County of Bucks, the sum of Two thousand three hundred and ten pounds fourtéen shillings and three pence. The County of Cambridge, the sum of One thousand seven hundred ninety and one pounds eighteen shillings three half pence. The Isle of Ely, the sum of Six hundred and fourtéen pounds thirtéen shillings and nine pence. The County of Chester, with the City and County of the City of Chester, the sum of One thousand four hundred and seven pounds thirtéen shillings and one penny. The County of Cornwall, the sum of Two thousand seven hundred and seven pounds, seven pence farthing. The County of Cumberland, the sum of Two hundred ninety and five pounds thirtéen shillings and four pence farthing. The County of Derby, the sum of One thousand five hundred and fifteen pounds one shilling and three pence three farthings. The County of Devon, the sum of Five thousand six hundred seventy and four pounds five shillings eleven pence farthing. The City and County of the City of Exon, the sum of Two hundred and four pounds eight shillings six pence halfpenny. The County of Dorset, the sum of Two thousand three hundred sixty and two pounds two pence halfpenny. The Town and County of Pool, the sum of Ninetéen pounds five shillings eleven pence farthing. The County of Durham, the sum of Five hundred sixty and eight pounds eighteen shillings two pence farthing. The County of York, with the City and County of the City of York, and Town of Kingston upon Hull, the sum of Six thousand ninety and four pounds thirtéen shillings nine pence three farthings. The County of Essex, the sum of Five thousand four hundred forty and three pounds four shillings eleven pence three farthings. The County of Gloucester, the sum of Three thousand one hundred seventy and seven pounds two shillings nine pence farthing. The City and County of the City of Gloucester, the sum of Sixty and nine pounds four shillings three pence farthing. The County of Hereford, the sum of One thousand nine hundred eighty and eight pounds one shilling five pence three farthings. The County of Hertford, the sum of Two thousand three hundred sixty and four pounds five shillings and eight pence halfpenny. The County of Huntingdon, the sum of One thousand one hundred and thirtéen pounds five shillings and six pence. The County of Kent, with the City and County of the City of Canterbury, the sum of Five thousand eight hundred forty and four pounds thirtéen shillings two pence halfpenny. The County of Lancaster, the sum of One thousand seven hundred sixty and eight pounds nine shillings and ten pence halfpenny. The County of Leicester, the sum of One thousand nine hundred and five pounds eleven shillings and nine pence three farthings. The County of Lincoln, with the City and County of the City of Lincoln, the sum of Four thousand five hundred twenty and three pounds seventéen shillings and two pence farthing. The City of London, with the Liberty of S. martin's le Grand, the sum of Eight thousand nine hundred forty and four pounds fourtéen shillings two pence three farthings. The County of Middlesex, with the City and Liberty of Westminster, the sum of Three thousand nine hundred thirty and six pounds and ten pence. The County of Monmouth, the sum of Six hundred eighty and five pounds, two shillings nine pence three farthings. The County of Northampton, the sum of Two thousand four hundred eighty and three pounds eighteen shillings three pence farthing. The County of Nottingham, with the Town and County of the Town of Nottingham, the sum of One thousand five hundred thirty and four pounds seven shillings two pence halfpenny. The County of Norfolk, the sum of Five thousand nine hundred twenty and one pounds seven shillings four pence farthing. The City and County of the City of Norwich, the sum of Three hundred and sixtéen pounds, four shillings four pence farthing. The County of Northumberland, with the Towns of Newcastle and Berwick upon Tweed, the sum of Six hundred fifty and four pounds seventéen shillings eleven pence farthing. The County of Oxon, the sum of One thousand nine hundred ninety and four pounds seventéen shillings four pence farthing. The County of Rutland, the sum of Four hundred twenty and two pounds eight shillings one penny farthing. The County of Salop, the sum of Two thousand one hundred and fourtéen pounds twelve shillings eight pence farthing. The County of Stafford, the sum of One thousand four hundred ninety and seven pounds, fifteen shillings nine pence halfpenny. The City and County of the City of Litchfield, the sum of Two and twenty pounds sixtéen shillings nine pence farthing. The County of Somerset, the sum of Four thousand eight hundred sixty and eight pounds eighteen shillings ten pence three farthings. The City and County of the City of Bristol, the sum of Three hundred and fifty pounds six shillings six pence farthing. The County of Southampton, with the Town and County of Southampton, and the Isle of Wight, the sum of Three thousand eight hundred forty and six pounds six shillings and seven pence. The County of Suffolk, the sum of Five thousand seven hundred ninety and four pounds fifteen shillings three pence farthing. The County of Surry, with the Burrow of Southwark, the sum of Two thousand eight hundred and five pounds eleven shillings six pence halfpenny. The County of Sussex, the sum of three thousand one hundred ninety and nine pounds fifteen shillings one penny three farthings. The County of Warwick, with the City and County of the City of Coventry, the sum of Two thousand ninety and four pounds fifteen shillings eleven pence. The County of Worcester, the sum of One thousand eight hundred fifty and one pounds ten shillings ten pence. The City and County of the City of Worcester, the sum of Ninety seven pounds nine shilllings and three farthings. The County of Wilts, the sum of Three thousand four hundred fifty and five pounds seven shillings one penny halfpenny. The County of Westmoreland the sum of Two hundred and three pounds fifteen shillings eight pence halfpenny. The Isle of Anglesey, the sum of Two hundred and twenty pounds fifteen shillings and ten pence. The County of Brecknock, the sum of Four hundred ninety six pounds, six shillings six pence. The County of Cardigan, the sum of One hundred eighty five pounds, sixtéen shillings eleven pence three farthings. The County of Carmarthen, the sum of Four hundred seventy eight pounds ten shillings three halfpences. The County of Carnarvan, the sum of Two hundred fifty and seven pounds, eleven shillings three farthings. The County of Denbigh, the sum of Three hundred ninety and two pounds thirtéen shillings eight pence halfpenny. The County of Flint, the sum of Two hundred and eight pounds sixtéen shillings three pence three farthings. The County of Glamorgan, the sum of Six hundred sixty and five pounds, fourtéen shillings one penny three farthings. The County of Merioneth, the sum of One hundred seventy and seven pounds, one shilling and nine pence three farthings. The County of Montgomery, the sum of Four hundred eighty and five pounds eighteen shillings and eight pence. The County of Pembroke, the sum of Five hundred seventy and three pounds, eleven shillings seven pence three farthings. The County of Radnor, the sum of Three hundred and six pounds, five shillings two pence three farthings. The Town of Haverford West, the sum of Twenty and six pounds thirtéen shillings. And be it further Enacted, Commissioners named in the former Act, 16 & 17 Car. 2. cap. 1. That all and every the Persons who are appointed to act as Commissioners for execution of the said former Act, shall likewise be, and so are hereby constituted and appointed to be Commissioners for execution of this present Act within the several and respective Counties, Cities, Burroughs, Towns and Places for which they were formerly appointed, and shall have and execute like Powers and Authorities, Rules and Directions, touching the better assessing, collecting, levying, receiving, and paying the said One hundred and twenty thousand nine hundred and two pounds fifteen shillings and eight pence; And all and every person or persons who shall be liable to, or any ways concerned or employed 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 liable unto, or concerned or employed in the assessing, collecting, levying, receiving, or paying any of the said former Assessments, aught 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 been again in this Act repeated and Enacted. The meeting of the Commissioners. And be it further Enacted, That the several Commissioners shall meet together at the most usual and common place of meeting, upon 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 fifteen 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 Majesty, and by them answered and paid into his Majesty's Exchequer, upon or before the fifteenth 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 Sovereign, We Your Majesty's 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 Expense of Treasure for the Defence of Your Majesty's Kingdoms and Dominions, and in most thankful acknowledgement of Your Majesty's just and tender Care of the welfare of Your People, A Free Gift presented to his Majesty towards the carrying on the War. Do most humbly present unto Your Majesty a Free 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 beseech 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 Politic 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 own) 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 been lent unto his Majesty upon the Security of the Act Passed at Oxford in the Seventéenth year of his Majesty's Reign, entitled, An Act for granting the Sum of Twelve hundred and fifty thousand pounds to the King's Majesty for His present further Supply, or lent by the City of London upon the Security of His Majesty's 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 virtue 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 public Employment whatsoever, (such persons who are or shall be in Muster and Pay at Land or Sea only excepted) and all and every their Deputies, Agents, Clerks, Secondaries, Substistutes, and other their inferior Ministers and Servants whatsoever, who are already Taxed in and to the said Monthly Assessment, for and in respect of their Offices, Agencies and Employments, shall likewise pay unto his Majesty over and above the several sums with which they are or shall be Charged in or to the said Monthly Assessment, the sum of Twelve pence for every Twenty shillings which he or they do receive in one year by virtue of any Fees, Profits, Perquisites, or other Advantages to him or them accrueing, or by reason or occasion of their several Offices, Agencies and Employments. And such who are not already Taxed in and by the said Monthly Assessment, for and in respect of their Commissions, Offices, Agencies and Employments, shall yield and pay unto His Majesty the full sum of Three shillings for every Twenty shillings which he or they do receive in one year by virtue of any Fees, Profits, Perquisites, or other advantages to him or them accrueing, or by reason or occasion of their several and respective Commissions, Offices, Agencies and Employments: The said several sums of Twelve pence in every Twenty shillings, and Three 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 virtue of any Gift or Grant from His Majesty under his Great Seal or Privy Seal, shall pay unto his Majesty the sum of Three shillings for every Twenty shillings by the year, so given or granted as aforesaid, to be Assessed, Employed, 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, Solicitors, Scriveners, Advocates, Proctors, Notaries, Physicians. Attorneys, Solicitors and Scriveners, and all Advocates, Proctors, and public Notaries, and all and every person and persons practising the Art of Physic, shall pay unto His Majesty the sum of Two shillings for every Twenty shillings which he or they do receive by his and their respective Practices and Professions in one year, allowing to every such person and persons of the several Professions aforesaid, one Third part out of such moneys as he or they shall so receive in their respective Practices and Professions, for and towards the Charge and Expense occasioned by his or their attendance upon his or their Practice or Professions aforesaid. And all and every Servant, Servant's Wages. which at the time of the execution of this Act shall receive Wages for his, her, or their Service, shall pay unto His Majesty the sum of Twelve pence for every Twenty shillings by the year, which shall be due or payable to him, her, or them, for his, her, or their Wages, except for Board-wages. And 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 this Act. 19 Car. 2. cap. 1. And be it further Enacted, In what cases Masters shall pay Servants Assessment. That in case any Servant shall upon the demand of such Assessment or Moneys as are due from him or her by virtue of this Act, refuse or neglect to pay the same to the respective Collector; in such case his or their Master or Mistress shall pay such Servant's Assessment, And it shall then be lawful for such Master or Mistress to deduct and stop the same out of such Wages as shall or aught to be next paid unto such Servant; Any Law or Custom to the contrary notwithstanding. Provided always, That no person who receives Alms from the Parish, Persons receiving Alms exempted. nor the Children of any person remaining in his or her Family, who by reason of their poverty doth not contribute to the Rates for the Church and Poor, and who are under the age of Sixtéen years, shall be charged or taxed by virtue of this present Act. Provided also, and be it Enacted. That every Alien-stranger born out of this Kingdom, Aliens shall pay double. shall pay double the sum which he or they ought to have paid in any capacity whatsoever in this Act mentioned, in case he or they had been natural born Subjects. And be it further Enacted and Ordained, Persons of several Ranks and Degrees. That all and every person and persons who at the time of the execution of this Act, shall be of the several Ranks and Degrees hereafter mentioned, shall to the purpose aforesaid contribute and pay the several sums of money hereafter in this Act set down and appointed: That is to say, Duke. Every person of the degree of a Duke of England Scotland, or Ireland, inhabiting and residing within this Kingdom, shall pay the sum of Fifty pounds: Every person of the degree of a Marquis of any of the said three Kingdoms, Marquis. inhabiting and residing within this Kingdom, shall pay the sum of Forty pounds: Every person of the degree of an Earl of any of the said three Kingdoms, Earl. and inhabiting or residing within this Kingdom, the sum of Thirty pounds: Viscount. Every person of the degree of a Viscount of any of the said three Kingdoms, and inhabiting and residing within this Kingdom, the sum of Twenty five pounds; Every person of the degree of a Baron of any of the said three Kingdoms, Baron. and inhabiting or residing within this Kingdom, the sum of Twenty pounds; Eldest Son of a Duke. Every eldest Son of a Duke of any of the said three Kingdoms, and inhabiting or residing within this Kingdom, being of the age of One and twenty years, the sum of Thirty pounds; Eldest Son of a Marquis. Every eldest Son of a Marquis of any of the said three Kingdoms, and inhabiting and residing within this Kingdom, being of the age of One and twenty years, the sum of Twenty five pounds; Eldest Son of an Earl. Every eldest Son of an Earl of any of the said three Kingdoms, and inhabiting or residing within this Kingdom, being of the age of One and twenty years, the sum of Twenty pounds; Eldest Son of a Viscount. Every eldest Son of a Viscount of any of the said three Kingdoms, and inhabiting or residing within this Kingdom, being of the age of One and twenty years, the sum of Seventéen pounds ten shillings; Eldest Son of a Baron. Every eldest Son of a Baron of any of the said three Kingdoms, and inhabiting or residing within this Kingdom, being of the age of One and twenty years, the sum of Fifteen pounds; Baronet. Every person of the degree of a Baronet of any of the said three Kingdoms, or of Nova Scotia, and inhabiting or residing within this Kingdom, the sum of Fifteen pounds; Knight of the Bath. Every person that is a Knight of the Order of the Bath, inhabiting or residing within this Kingdom, the sum of Fifteen pounds; Every person who is a Knight Bachelor, Knight Bachelor. Sergeant at Law. Esquire. inhabiting or residing within this Kingdom, the sum of Ten pounds; Every Sergeant at Law, the sum of Ten pounds; Every person of the degree of an Esquire, or so reputed, inhabiting or residing within this Kingdom, and above the age of One and twenty years, the sum of Five pounds; Every Widow respectively according to her Husband's degree, ●●dow. shall pay the third part rated by this Act, upon that degree of which the Husband of such Wife was in his life-time: Gentleman. And every Gentleman, or reputed Gentleman, above the age of Sixtéen years, the sum of Twenty shillings. Proviso for Gentlemen not having 300 l. Estate. Provided always, That every Gentleman having an Estate of the value of Three hundred pounds, or more, shall be charged with the sum of Twenty shillings by virtue of this Act, though he be a Minor under the age of One and twenty years: And no Gentleman not having such an Estate, and shall thereof make Oath before any two or more of the respective Commissioners, shall be charged with the said sum of Twenty shillings, in respect of his Title. And be it further Enacted and Ordained, That all and every the person and persons within the Kingdom of England, Dominion of Wales, and Town of Berwick upon Tweed, who at the time of the execution of this Act, Orders, Ranks and Degrees. shall be of the several Orders, Ranks or Degrees hereafter mentioned, shall to the purpose aforesaid, pay the several sums of money hereafter in this Act set down and appointed, Archbishop. Bishop. (that is to say) Every person of the Order and Degree of an Archbishop, shall pay the sum of Fifty pounds; Every person of the Order and Degree of a Bishop, the sum of Twenty pounds; Dean. Every person of the Degree of a Dean of any Cathedral or Collegiate Church, shall pay the sum of Ten pounds; Archdeacon. Every person of the Degree of an Archdeacon, shall pay the sum of Forty shillings; Canon Prebendary. Every person of the Degree 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, Physic. shall pay the sum of Fifty shillings; Every person of the Degree of a Doctor in Divinity, Law or Physic, 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 virtue 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 virtue 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. entitled, An Act for granting a Royal Aid unto the King's 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 been named in the said former Act, Viz. Bedford. For the County of Bedford, Villiers Charnock, Humphrey Monox, John Beecher, Thomas Daniel, John Gardiner, Esquires, _____ Horn, Peter Harman Gent. Berks. For the County of Berks, Sir William Craven Knight, John Kingsmill Esquire, John Withwick, Edward Keat, Charles Fettiplace, William Bowles signior, Esquires; John Monday, William Packer, Richard House, Gent. _____ Gilly Esquire, Hugh Barker Doctor of Physic. 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 Busbie. 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, john Arundel, john Tregygle, William Thomas, Anthony Tanner, John Barret, Thomas Penhallow, john Tamlin, john Verman, Richard Williams, john Williams, Esquires; William Kegwin, Henry Edwards, Arthur Painter, Gent. Cumberland. For the County of Cumberland, John Warwick, Richard Lamplugh, Miles Penington, Joseph Patrickson, john 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 john Stowel, john Chichester Esquire. Exon. For the City and County of Exon, John Mallet Esquire, Doctor Edward Masters Chancellor of the Diocese, Eustace Budgell Gent. Derby. For the County of Derby, George Savile, Robert Ashton, John Gell, john Low, john Du●, Esquires; Andrew Clayton, Robert Moor 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, john Ellesdon, Solomon Andrews, john 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 justices 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 signior, john Eldred junior, Esquires. Harwich. For the Town of Harwich and Dover-Court, the Mayor for the time being, Sir Cappel Luckin Knight and Baronet, john 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 john Newton, Baronet's, Sir Francis Fane Knight of the Bath, Sir john Points Knight, John Merideth, john Vaughan, Thomas Carpender, William Oldesworth, John Browning, Thomas Veel of Simons Hall, Edward Smith, George Brett, Roger Lingan, Robert Loggin, Esquires; William 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. john 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, john Bridge of Priors-Court, Esquires; John Burch of Garnston, john 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, Baronet's; Sir John Witterong Knight and Baronet, Sir Charles Cleaver Knight, Robert Dicer, john Cesar, Ralph Radcliffe, Francis Shalcross, Edward Chester, Thomas took, Esquires; Richard Taverner, King of Hempstead, Joseph edmond's, Charles Cesar, George Nodes, George Poyner, Joseph Hatch, Charles Crouch, Thomas James, john Dagnoll, Gentlemen, William Glascock Esquire. Saint Albon. For the Burrow of Saint Alban, Joshua Lomax, Edward Crosby, Thomas Rotheram, William Rugg, William Rance, Aldermen, john Dogget. Huntingdon. For the County of Huntingdon, Sir james Beverly, john Dryden, Anthony Hammon, Major Dean of Godmanchester. Kent. For the County of Kent, Sir Thomas Monins, Sir Thomas Pierce, Baronet's, Sir john Shaw Knight and Baronet, Sir Nicholas Strode Knight, Edward Master, Elwin Wyatt, William Wiseman, Esquires; The Mayor of Maidstone for the time being. Canterbury. For the City and County of Canterbury, William Kingslys Esquire. Dover. For the Cinqueport of Dover, james Wyon Esquire, William Stocks jurat. Sandwich. For the Cinqueport of Sandwich, William Freeman Esquire, james Thorban junior, Gent. Lancaster. For the County of Lancaster, The High Sheriff for the time being, Edmond Ashton of Chatterton, Christopher Bainister, Esquires; Mr. Richard Shuttleworth of Gawthrop junior, john Hartley, Miles Dodding, George Fell, Esquires; Captain William Fleming, Richard Kenerdine Doctor in Physic. Leicester. For the County of Leicester, Richard Lister, William Gilbert, George Pochin, Esquires, John Farrington Esquire. Leicester Town. For the Burrow of Leicester, Daniel Deacon, William Stubins, William Calais, john Clerk Gent. Lincoln. For the County of Lincoln, Carr Scrope, Richard Newton, Richard Pell, William Darwyn, Redmayn Burral, Thomas Brown, George Lucas, William Basset, john Bishop, john Butler, William Skipwith, Henry meler, Thomas Friston, Peregrine Bartu, Esquires; Augustine Cawdron, Anthony Newlove, William Perkins, Miles Long, Andrew Sloe, John Brown, Francis Johnson of Spaulding, Charles Massingbeard, John Green of Dusby Gent. For the Bail of Lincoln, Richard Craycroft, Laurence Stampford Gent. Middlesex. For the County of Middlesex, William Ashburnham Cofferer of His Majesty's Household, Sir Nicholas Strode of St. John's, Mark Cotle, John Hawtry, Edward Palmer, Nicholas Townley junior, Matthew Bluck, William Richardson, Charles Porter, Ralph Piggott, Esquires; Sir John Dethick, Doctor Cox, Thomas Stringer, John Vincent, William Thursby, Thomas Robinson, Esquires, Sir Mundeford Bramston Knight, John Jolliff, Lancelot Johnson junior, Esquires. London. For the City of London, Sir William Bolton Lord Major, Sir John Langham, Sir john Laurence, Sir Richard Reeves, Sir Robert Hanson, Sir William Hooker, Sir George Waterman, Sir Charles Do, Matthew Bluck Esquire, john Moor, Henry Partridge, Thomas Blackerby, Aldermen, Sir Robert Viner, Sir Joseph Sheldon, Sheriffs, Edward Arris Esq Westminster. For the City of Westminster, Sir Thomas Clifford controller of his Majesty's Household, Sir William Doylie, Sir Oliver Botler, Sir George Downing, Baronet's, Sir Robert Carr, Sir James Smith, Thomas Exton Doctor at Law, Laurence Squibb, William Loving, john Loving, Henry Wynn, Philip Warwick junior, George Bennet, Esquires; Doctor Troutbeck Esq Henry Aldrich, Gent. Thomas Tyndal, john Chace, Philip Hanbury, Walter Brydal, Bryan Barnby, john Jeffes, David Walter, john Carance, Esquires, Samuel Barrow Doctor in Physic; Henry Monck, Thomas Owen, Peregrine Bartu, Ambrose Scudamore, Thomas Milward, Esquires, William Carr Esquire, Thomas Cromp, Robert Stockdale, Gentlemen, Henry Slingsby Esquire, Henry Perk junior, Esq, Mr. Richard Pagett, Mr. George Plucknett, Mr. Michael Arnold, Mr. Nicholas Edlyn, Ralph Pygott Esquire, Henry Brunkar Esquire. Northampton. For the County of Northampton, Edward Palmer, John Parkhurst of Catesby Esquires. Norfolk. For the County of Norfolk, John Bayspool of Hadcos, William Richardson, Edmund Bell, Francis Bell, john Bashpool, Gascoyn Weld Esquires. Norwich. For the County and City of Norwich, john Richers, Richard Wenman, Aldermen. Newcastle upon Tyne. For the Town and County of Newcastle upon Tyne, William Blacket Esquire, Mayor for the time being, Sir Nicholas Cole, Sir James Clavering, Baronet's; Sir Francis Lyddel Knight, Robert Shaftoe Esquire, Recorder, Mark Milbanck, John Emmetson, Henry Maddison Esquires, Aldermen, Richard Stots Esquire; The Sheriffs for the time being, Robert Marley Esquire. Nottingham. For the County of Nottingham, Francis Lork Esquire, Mr. Robert Atkinson, both of Newark, Harvy Stanton of Stanton Esquire. Oxon. For the County of Oxon, Sir Thomas Hampson Baronet, Robert Withers, James Chamberlain, Henry Brunkar, Esquires; Vincent Barry Esquire. Salop. For the County of Salop, Henry Davenport Esquire, Edmund Pearce of Wilcot Gent. Southampton. For the County of Southampton, Sir Charles Wyndham, John Smith Esquire, Sir John Cloberry, William Stephens, Nicholas Dorrel, Esquires; James Worsley Gent. Carew Reynel Esq Henry Doyley, Thomas Knight, gentlemans. For the Town of Portsmouth, Benjamin Johnson and Hugh Salisbury, Gent. Winton. For the City of Winton, Sir Robert Mason, Nicholas Darel Esquire. Somerset. For the County of Somerset, Sir John Stowel Knight, James Prowse, Cadwallader Jones, William Strode, Edward Strode, Richard Davadge, James Stedman, John Baber, Hugh tint, Esquires; Thomas Dyke, Richard Musgrave, Gentlemen. Bristol. For the City and County of the City of Bristol, Sir Humphrey Hook Knight, Joseph Creswick, Thomas Stephens, Henry Lloyd, Gent. Bath. For the City Bath, Henry Chapman, John Peirce, Gent. Stafford. For the County of Stafford, Ionas Grosvenor Esquire. Suffolk. For the County of Suffolk, Francis Burwell, William Ferneley, Esquires; Thomas Arris Doctor in Physic, Doctor Bryan Smith, Mr. Edward Spencer, Edward Man, john Cordell Esquire, William Hamon Gent. Thomas Edgar of Ipswich Esquire, Barodel Milleson of Norton Gent. john Duke Esq Ambrose Duke Gent. Sudbury. For the Town of Sudbury, Nathaniel King, John Cook, Christopher Petit, Thomas King, aldermans. Sussex. For the County of Sussex, John Ashburnham, Edward Blaker, Henry Brunkar, Esquires; George edmond's, Captain john Eversfeild, john Blackshal Gent. Edward Cooper Esquire; john Machell, Francis Gratwick, Esquires. Hastings. For the Cinqueport of Hastings, Benjamin Polsted, john Hyde Gent. Rye. For the Cinqueport of Rye, William Holman, John Martin Gent. Surry. For the County of Surry, Sir Francis Duncomb Baronet, Sir Cyril Wiche, Sir Thomas Thynn, Sir William Throckmorton junior, Rowland Jucks, Edward Cooper, Will. Chislet, Richard Mountney, Edward Freeman, Esquires; Stephen Harvy, Henry Houghton, Esquires. Southwark. For the Burrow of Southwark, Sir Edward Bromfield Baronet, Sir Thomas Clarges Knight, Edmund Clay, Thomas Lenthal, John Child, Esquires; Richard How, William Sherlock signior, William adam's, Jeremy Baynes, John Appleby, Richard Smith, Gent. Warwick. For the County of Warwick, John Stratford, Fulwood Skipwith, Henry Pudsey, Esquires. Westmoreland. For the County of Westmoreland, Christopher Crakenthrope, Christopher Dalston, Christopher Teasdell, William Dawes, Robert Philipson, William Midleton, Henry Wilson, Robert Braithwait, Richard Ducket, William Guy, Esquires. Wilts. For the County of Wilts, Sir Robert Howard Knight, Giles Hungerford Esquire; The Mayor of Marlborough for the time being; the Mayor of the Devises for the time being; Thomas Gunter Esquire, Mr. Edmund James, Mr. John Jacob, Mr. Thomas Ʋilet, Mr. Giles Aleworth, Mr. Charles York, George Johnson Esquire. Sarum. For the City of New Sarum, Thomas Gunter Esquire; Alderman Slaune, George Vennard, James Harris, Doctor Hurst. Worcester. For the County of Worcester, William Washbourne, Robert Staynor, Esquires; William Dowdeswell Gent. Worcester City. For the City of Worcester, the Mayor and Aldermen and Sheriffs for the time being; Sir John Packington Baronet, Sir Rowland Berkley Knight; Samuel Sandys signior, Thomas Hall, Thomas Street, Esquires; Samuel Jonson's, Matthew Skinner Doctor of Physic, Robert wild, Humphrey Wildey, Richard Bedoes, Edward Cooksey, Wintour Harris, John Bearecroft, Humphrey Tyrer, Thomas Twitty, John Tyas, Gent. York. For the North-Riding in the County of York, Mr. Geldart of Wiggenthorp, Richard Turner of Tunstall, Roger Tockitts, John Wentworth, William Hustler Esquires; William Dawson Gent. Sir John Hewley, Roger Colvell Gent. Ralph Stephenson, William Palines, Edward chaloner, Esquires; John Hill of Thormanby Gent. York East-Riding. For the East-Riding in the County of York, John Wentworth, John Hern, Ralph Warton, James Moyser, Esquires; Edward Grace the elder, Edward Grace the younger, Gentlemen. York West-Riding. For the West-Riding in the County of York, john Stanhope Esquire, Francis Carr Gent. William Ellis, Henry edmond's, john Hopton, Christopher Drisfeild, Henry Slingsby, Robert Wivell, Robert Brandling, Esquires; Ralph Banister, John Cook Gent. John Savile of Meathley Esquire. Kingston upon Hull. For the Town and County of Kingston upon Hull, William Lister Esquire, Lambert Alderman. Brecon. For the County of Brecon, Sir Walter William's Baronet, Lehunt Esquire, Daniel Williams of Penpont, William Bowen, and David Gwenn, Gent. Cardigan. For the Town of Cardigan, The Mayor for the time being, Thomas Parry Esq John Morrice Alderman. Glamorgan. For the Town of Glamorgan, Sir Edward straddling Baronet, john Windham, Edmund Lewis, Richard Seyes of Boverton, Walter Thomas, Martin Button, Thomas Button, Esquires. Merioneth. For the County of Merioneth, Captain John Nanney, Lewis Lewis, john Lluid of Ke●venraes, Hugh Nanney of Festiniog, Gent. Monmouth. For the County of Monmouth, Henry Milborne, Charles Milborne, Bennet Hoskins, john Hoskins, Herbert of Newton, Herbert Jones, Gent. Pembroke. For the County of Pembroke, Thomas Philip's Esquire, High Sheriff for the County of Pembroke, Walter Vaughan, James Haward, Esquires; Essex Merrick, William Woogan, Esquires; Thomas Cousin, Gent. Haverford-West. For the Town and County of Haverford-West, Walter Vaughan Esquire, John Bateman, Robert Prust, Richard Fowler, Gent. Which said Commissioners, in order to the speedy execution of this Act, The Commissioners to meet 24. February next. shall in their respective Counties, Cities, Burroughs, Towns and Places meet together at the most usual or common place of meeting within each of the said Counties, Cities, Burroughs, Towns and places respectively, at or before the fourteenth day of February next ensuing; May divide themselves. And the said Commissioners, or so many of them as shall be present at the first general meeting, or the major part of them, may by their consents and agréements, divide as well themselves, as other the Commissioners not then present, for the execution of this Act in Hundreds, Laths, Wapentakes, Rapes, Wards, Towns, and other places within their Limits, Privileged or not Privileged, in such manner and form as to them shall seem expedient; and shall direct their several or joint Precept or Precepts to such Inhabitants, High-Constables, Petty-Constables, Bailiffs, and other like Officers and Ministers, and such number of them, as they in their discretions shall think most convenient, requiring them to appear before the said Commissioners, at such time and place as they shall appoint, not exceeding Eight days; And at such their appearances, the said Commissioners, How the Commissioners shall execute their Powers. or so many of them as shall be thereunto appointed, shall openly read, or cause to be read unto them, the Rates in this Act mentioned, and openly declare the effect of their Charge unto them, and how, and in what manner they ought and should make their Certificates, according to the Rates aforesaid: And shall then and there prefix another day to the said persons, to appear before the said Commissioners, and bring in their Certificates of the names and surnames, qualities, degrees and titles of all and every the persons dwelling or residing within the limits of those places with which they shall be charged, and of the substances and values of every of them, in Money, Debts, Annual Fees, Perquisits, Wages, Profits, Emoluments, and other things chargeable by this Act, without concealment, love, favour, dread or malice, upon pain of forfeiture of any sum not exceeding Five pounds, to be levied as by this Act is appointed; Collectors to be appointed in every Parish. And shall then also return the names of two or more able and sufficient persons within the limits and bounds of those Parishes or places where they shall be chargeable respectively, as aforesaid, to be Collectors of the Moneys due to His Majesty by this Act: For whose paying in to the Head-Collectors in manner following such moneys as they shall be charged withal, the Parish or place by whom they are so employed, shall be answerable: Which Certificates and Assessments shall be ascertained and returned in to the Commissioners, at or before the First day of March next ensuing; and upon the delivery and returning in of such Certificates or Assessments unto the said Commissioners, they, or any two or more of them shall forthwith issue out and deliver their Warrants or Estreats to such Collectors as aforesaid, for the speedy Collecting and Levying of the said Assessments, and all Moneys and Rates due thereupon, according to the intent and subsequent direction of this present Act. Of all which the said Collectors are hereby required to make demand of the parties themselves, or at the places of their last abode, within six days after the receipt of such Warrants, or Estreats; and to Levy and pay in the same on or before the eighth day of April, One thousand six hundred sixty seven, at such place as the Commissioners shall appoint, unto their respective Head-collectors, who are hereby empowered and required to call upon and hasten their subcollectors to the said payment; and after the said eighth day of April to Levy by Warrant under the Hands and Seals of any two or more of the Commissioners, upon the Sub-collector, by Distress, such sum and sums of Money as aught by him to have been paid, and is not paid by reason of his failer in doing his duty according to the direction of this Act: so as every Head-collector may, and shall make payment of the full sum by him to be paid, at or before the fifteenth day of the said Month of April, unto the respective Receiver-General; who is likewise required to call upon, and hasten the said Head-collector. And be it Enacted that a true Duplicate of the whole sum charged within every Hundred, Lath, Duplicates of the sums charged within every Division. Wapentake, Parish, Ward, or place Rated and Assessed in pursuance of this Act, without naming the persons, shall under the Hands and Seals of two or more of the Commissioners thereunto appointed be returned into His Majesty's Exchequer before the Twentieth day of April next ensuing, (all Appeals being first determined) And that like Duplicates be also in convenient time made out, and delivered unto the Receivers-general, and Head-collectors according to their respective Collections, so as every of them may be duly charged to answer their respective Collections and Receipts; and that the money due thereupon be paid into His Majesty's Exchequer before the Thirtieth day of the said month of April, One thousand six hundred sixty seven; And upon return of any such Certificate, the said Commissioners or any three or more of them, shall and may, if they see cause, examine the Presenters thereof. And if the said Commissioners, or any three or more of them, within their several limits, shall have certain knowledge, or vehemently suspect that any person or persons in the said Certificate mentioned, is or are of a greater Value or Estate then in the said Certificate is mentioned; In what cases the Commissioners may Examine persons and Encreas their Assessments The said Commissioners, or any three or more of them, shall have power to warn such person or persons to appear before them at a day and place prefixed, to be examined touching their Substance and Value, or touching other matters which may any wa● concern the Premises; And if the person or persons warned to be so examined, shall neglect to appear (not having a reasonable excuse for such his Default) every person so making Default, shall pay unto His Majesty double the sum of the Rate he should or ought to have been set at: And moreover, The said Commissioners, or any three or more of them, shall have power by all lawful ways and means without Oath, to examine and inquire into the value and substance of such persons chargeable by this Act; And to such rate or rates upon every such person or persons, as shall be according to the true intent and meaning of this Act. Head-collectors to be appointed in the several divisions. And be it Enacted, That the said Commissioners, or any three or more of them in their respective Division or Hundreds, shall and are hereby empowered to nominate and appoint under their hands and seals, an honest, able, and responsible person to be Head-collector, unto whom the moneys received by the Sub-collector, shall be duly paid as aforesaid, whose Receipt shall be a sufficient discharge unto every such Sub-collector: which Sub-collector for gathering the said particular sums, shall retain in his hands for every Twenty shillings by him so paid, Two pence as a reward for his pains and service. And the said Head-collector is hereby required upon the receipt thereof, to pay the same to the Receiver-general of each County respectively, in manner aforesaid; And for his so doing, the said Commissioners are hereby Empowered and required to take such good Security as they shall think fit, Consideration being therein had of the said Collectors Receipt: And the said Receivers-general Acquittance shall be a sufficient Discharge unto every such Head-collector, who shall retain in his hands for every Twenty shillings by him so paid, One penny as a reward for his pains and service. And the said Receiver-general shall (before the Thirtieth day of April aforesaid) pay the whole sum by him received, into His Majesty's Exchequer, and shall have an allowance of Two pence in the pound for all moneys which shall be by him paid into the Receipt of the Exchequer by the time prefixed in this Act; and for so much as shall be by him paid in after the time prefixed, One penny in the pound, and no more. Allowance for transcribing Warrants and Duplicates. And for the careful writing and transcribing the said Warrants, Estreats, and Duplicates in due time, Be it further Enacted, That the Commissioners Clerks who shall respectively perform the same, shall by Warrant under two or more of the Commissioners hands, have and receive from the respective Head-collectors, Two pence in the pound of all such moneys as he shall have received by virtue of such Warrants and Estreats, who is hereby appointed and allowed to pay the same accordingly. Payments by the Head-collectors to the Receiver general. And be it further Enacted, That if any Head-collector shall not pay in to the Receiver-general within the time limited by this Act, all sums of money by him received by virtue of this Act, That then the said Commissioners, or any two or more of them being informed thereof, are hereby empowered and required to Imprison every such Head-collector, and also to seize and secure the Estate both real and personal of such Head-collector, or which shall from him descend or come into the hands or possession of his Heirs, Executors or Administrators, wherever the same can be discovered or found: And the said Commissioners who shall so seize and secure the Estate of any Head-collector, shall be, and are hereby empowered to appoint a time for the general meeting of the Commissioners of such County, City or Town, and there to cause public notice to be given at the place where such meeting shall be appointed, ten days at least before such general meeting: And the Commissioners present at such general meeting, or the major part of them, in case the moneys detained by such Head-collector be not paid or satisfied as aught to be, according to the directions of this Act, shall and are hereby empowered and required to Sell and Dispose of all such Estates, or any part of them, which shall be for the cause aforesaid seized, and thereby to secure and pay all the money in Arrear in such Head-Collectors hand for His Majesty's use, and return the overplus, deducting necessary charges to such Head-collector, his Executors and Administrators respectively. ●enalty. And if any person or persons shall refuse to pay the several sum and sums, and proportions appointed by this Act for such person to pay, upon demand made by the Officer or Collector of the place, according to the Precept or Estreats to him delivered by the said Commissioners; It shall and may be lawful to and for such Officer or Collector, who are hereby thereunto authorized and required, for nonpayment thereof to Distrain the person or persons so refusing, by his or their Goods or Chattels, and the Distress so taken, to keep by the space of four days, at the costs and charges of the Owner thereof: And if the said Owner do not pay the sum of money due by this Act within the said four days, than the said Distress to be Apprized by three or two of the Inhabitants where the said Distress is taken, and there to be sold by the said Officer for payment of the said money, and the overplus coming by the said Sale (if any be) over and above the charges of taking and keeping the said Distress, to be immediately restored to the Owner thereof: And if any person or persons assessed by this Act, shall refuse or neglect to pay the sum or sums so assessed, by the space of twenty days after demand as aforesaid, where no sufficient distress can or may be found, whereby the same may be Levied; in every such case, three or more of the Commissioners by this Act appointed for any such City, County or Place, are hereby Authorized by Warrant under their Hands and Seals to commit such person or persons to the common Goal, there to be kept without Bail or Mainprize, until payment shall be made. And if any person certified, Assessed or Rated, find him or herself aggrieved with such Assessing or Rating, and do within ten days after demand thereof made, complain to the Commissioners, The said Commissioners, or any two or more of them, whereof one of the Commissioners who signed or allowed his or her Rate, to be one, shall and may within Fourtéen days next after such Complaint, particularly examine the person so complaining, upon his or her Oath, of his or her personal Estate aforesaid; And upon due Examination or knowledge thereof, abate, defalk, increase, or enlarge the said Assessment: And the same so abated, increased or enlarged, shall be Estreated by them into the Exchequer in manner aforesaid. And to that end, the said Commissioners are hereby required to meet together for the Determining of such Complaints and Appeals accordingly. And be it further Enacted, That every person rated for his Office, shall be rated, In what places Persons shall be rated for Offices, or otherwise. and pay for his said Office, in the place where the said Office is executed: And every person to be otherwise rated, shall be rated, and the sum or sums on him or her set and levied, at such places where he or she, and with his or her Family shall be resident at the time of the execution of this Act; And that all persons not being Householders, nor having a certain place of above, and all Servants shall be Taxed at the place where they are resident at the time of the execution of this Act, three months before the execution of this Act. Provided always, That if any person having several Mansion-houses, or places of Residence, Persons doubly charged, may be discharged upon Certificate. shall be doubly charged by virtue of this Act, That upon Certificate made by two or more of the Commissioners for the County, City or place, (which Certificate the said Commissioners are required to give without delay, Fee or Reward) of his or their last personal Residence, under their Hands and Seals, of the sum or sums there charged upon him or them, and in what capacity or respect he or they were so charged, and upon Oath made of such Certificate before the Commissioners to whom such Certificate shall be tendered, which Oath the said Commissioners are hereby authorized to administer; Then the person and persons so doubly charged, shall (for so much as shall be so certified) be discharged in every other County, City or place. And if any person at the time of the Assessing, shall be out of the Realm, such person shall be rated where such person was last abiding within the Realm. Persons changing their dwelling by fraud to avoid the Tax. And if any person that ought to be Taxed, by virtue of this Act, by changing his place of residence, or by fraud or covin shall escape from the Taxation, and not be Taxed, and the same proved before the Commissioners, or two of them, or two justices of the Peace of the County where such person dwelleth or is resident, at any time within Six month's next ensuing after such Tax made; Every person that shall so escape from the said Taxation and payment, shall be charged, Penalty. upon proof thereof, at the double value of so much as he should or ought to have been Taxed by the Act: The said double value, upon Certificate thereof made into the Exchequer by the Commissioners or justices before whom such proof shall be made, to be Levied of the Goods, Lands and Tenements of such persons, towards the Supply aforesaid. And be it further Enacted, That the Commissioners which shall be within any County or Place within their respective limits, or the major part of them, Commissioners to tax one another. shall Tax and Assess every other Commissioner joined with them, and the Commissioners within their Division shall Assess every Assessor within their Division; And as well all sums upon every the said Commissioners and Assessors, as the Assessments made and presented by the Presenters as aforesaid, shall be Written, Estreated, Levied and Gathered, as it should and ought to have been, as if the said Commissioners had not been named Commissioners. Provided always, and it is hereby declared, Decry. That the several Rates and Taxes to which the Lords and Péers of this Realm shall be liable by virtue of this Act, shall be received by a Collector to be nominated by the Péers, which said Collector shall cause the same to be paid into His Majesty's Receipt of Exchequer at Westminster upon or before the aforesaid thirtieth day of April. Provided, That this Act shall not extend to the Inhabitants of Scotland, Ireland, Scotland, Ireland, Jersey, Guernsey. Jersey or Guernsey, for or concerning any such personal Estate as aforesaid, which they or any other to their use have within the places aforesaid. And be it further Enacted by the Authority aforesaid, That the respective Treasurers of His Majesty's Navy and Ordnance are hereby authorized and required to take and retain unto themselves, Allowances to the Treasurers of the Navy. and such as shall be respectively employed by and under them, One penny in the pound and no more, out of the moneys raised by virtue of this Act, and paid unto, and issued out by them to any person or persons in pursuance thereof, to be allowed unto them in their respective Accounts. And be it further Enacted, That if any Assessor, Collector, Receiver, or other person appointed by the Commissioners, shall wilfully neglect or refuse to perform his Duty in the due and speedy Execution of this present Act; The said respective Commissioners, Assessors, Collectors, or Receivers neglecting their duties. or any three or more of them, may and shall by virtue of this Act, impose on such person or persons so refusing or neglecting their Duties, any Fine not exceeding the sum of Twenty pounds for any one offence; the same to be Levied and Certified as aforesaid into His Majesty's Court of Exchequer, Penalty. and charged upon the respective Receiver-general amongst the rest of the Rates aforesaid; and the said Commissioners or any two or more of them, may or shall from time to time call for, and require an Account from the respective Receiver-general of all the Moneys received by him of the said Head-collectors, and of the payment thereof into His Majesty's Receipt of Exchequer, according to the direction of this Act: And in case of any failer in the premises the said Commissioners, or any two or more of them, are hereby required to cause the same to be forthwith levied and paid, according to the true intent and meaning of this Act. And in case of any controversy arising between the said Commissioners concerning the said Rates or Assessments, the Commissioners that shall be concerned therein shall have no voice, but shall withdraw during the debate of such controversy, until it be determined by the rest of the Commissioners: And all questions and differences that shall arise touching any of the said Rates, Taxes, Assessments, or Levies, shall be heard, and finally determined by two or more of the Commissioners, upon complaint thereof to them made, by any person or persons thereby grieved, without further trouble or Suit in Law. Controversies and questions about the rates how to be determined. And the said Receiver-general shall give Acquittances gratis to the said Head-collectors, for all moneys of them received; and the said Head-collectors shall also give Acquittances gratis to the subcollectors, for all such moneys as shall be paid by them in pursuance of this Act; which Acquittances shall be a full Discharge to the said Head-collectors and subcollectors respectively: Acquittances. And the said subcollectors shall make and deliver to the said Head-collectors, a perfect Schedule fairly written in Parchment, under their hands and seals, signed and allowed by any two or more of the respective Commissioners, containing the names, surnames and places of abode of every person within their respective Collection, that shall make default of payment of any of the sums that shall be Rated or Assessed on such person by virtue of this Act, and the sum and sums charged on every such person; The same Schedule to be delivered by the Head-collector, to the Receiver-general of that County, City, Town or Liberty respectively, to be by him returned into His Majesty's Exchequer; Whereupon every person so making default of payment, may be charged by Process of the Court, according to the course thereof in that behalf. None shall be double charged for his Titles or degrees. Provided always, and be it Enacted, That no person shall by virtue of this Act, be doubly charged for or in respect of several Titles, Honours or Degrees; but that every such person shall be charged and assessed for such Title, Honour or Degree only as is Highest Rated by this Act. Not Letters Patents of Exemption allowable against this Tax. And be it further Enacted by the Authority aforesaid, That no Letters Patents granted by the King's 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, Privileges or Exemptions from Subsidies, Toll, 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 burden 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; Non obstante. Any such Letters Patents, Grants or Chatter, or any Clause of Non obstante, or other matter or thing therein contained, or any Law or Statute to the contrary notwithstanding. No former Receiver not having accounted, may be a receiver upon this Act. Provided always, and be it Enacted by the Authority aforesaid, That if any person being a Receiver of money 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 Michaelmas One thousand six hundred sixty six, 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 Majesty's Courts of Record, by Action of Debt, Bill, Plaint, or other Information, wherein no Essoyn, Protection, Wager of Law, Aid Prayer, Privilege, Injunction or Order of Restraint, shall be in any wise prayed, granted or allowed, nor any more than one Imparlance. Provided always, And be it Enacted, That Thirty thousand pounds, and no more, of the money to be raised by this Act, How Peers shall be rated. may be applied for the payment of His Majesty's Guards. Provided nevertheless, And be it further Enacted, That all and every the Péers who are to be rated by virtue of this Act, for their Offices and personal Estates, shall be rated by John Lord Robert's Lord Keeper of the Privy Seal, George Duke of Buckingham, George Duke of Albemarle General of His Majesty's Forces by Sea and Land, Edward Earl of Manchester Lord Chamberlain of his Majesty's Household, Anthony Earl of Kent, Richard Earl of Dorset, John Earl of Bridgewater, James Earl of Northampton, Oliver Earl of Bolingbrook, Thomas Earl Rivers, Arthur Earl of Essex, Arthur Earl of Anglesey, Charles Earl of Carlisle, William Earl of Craven; Richard Lord Archbishop of York, Humphrey Lord Bishop of London, George Lord Bishop of Winchester, Benjamin Lord Bishop of Lincoln, Seth Lord Bishop of Exeter, Edward Lord Bishop of Carlisle, John Lord Bishop of Rochester, Henry Lord Arlington one of His Majesty's Principal Secretaries of State, George Lord Berkley of Berkley-Castle, Philip Lord Wharton, Charles Lord Howard of Charlton, William Lord Grey of Wark, Francis Lord Newport, John Lord Lucas, John Lord Bellasyse, Charles Lord Gerard of Brandon, Charles Lord Cornwallis, and Anthony Lord Ashley, Chancellor and under-treasurer of His Majesty's Exchequer, or any five of them, and not otherwise, and shall not be Subject to the Imprisonment of his or their Persons, Any thing in this Act contained to the contrary in any wise notwithstandding. And to the intent that all Moneys to be lent to Your Majesty, and the Moneys that shall be due upon Contracts for Wares, Ships, Goods, Victuals, or other Necessaries which shall be delivered for this Service, may be well and sufficiently secured out of the Moneys arising and payable by this Act. Be it further Enacted by the Authority aforesaid, How moneys sent o●●ares advanced upon this Act may be secured. That there shall be provided and kept in Your Majesty's Exchequer (to wit) in the Office of the Auditor of the Receipt, One Book or Register, in which all Moneys that shall be paid into the Exchequer shall be Entered and Registered 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 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, and under-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. And that no Moneys leviable by this Act, be issued out of the Exchequer during this War, 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. That also there be the like Book or Registry provided and kept by the said Auditor, of all Moneys paid out, or issued by virtue of such Orders and Warrants. And that it shall be lawful for any person or persons, willing to lend any Money, 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 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 three Months, 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 Registered in course according to the Date of the Tallies respectively. And that all Orders signed by the Lord Treasurer, and under-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 Registered 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 entered 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 Entered 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 Entered 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 shall have his Warrant or Order, Warrants or Orders first entered 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 virtue of this Act; And he or they that shall have his or their Warrants or Orders, Warrant or Order next entered, 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 Fee, Reward or Gratuity, directly or indirectly, be demanded or taken of any Your Majesty's 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 Majesty's Navy and Ordnance as aforesaid, by any of Your Majesty's Officer or Officers, their Clerks or Deputies, on pain of payment of triple damages to the party grieved, by the party offending, with Costs of Suit; And if the Officer himself take or demand any such Fee or reward, then to lose his place also. And if any undue preference of one before another shall be made, either in point of Registering, contrary to the true meaning of this Act, by any such Officer or Officers, than 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, than such Deputy or Clerk only 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 Bells Record, or the Teller make payment according to each persons due place and order, as afore directed, than 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 Majesty's Courts of Record at Westminster, wherein no Essoyn, Protection, Privilege, 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, than 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 shall not be interpreted any undue preference, to incur any penalty in point of payment, If the Auditors direct, and the Clerk of the Bells 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 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. Rights and titles to money sent 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 virtue of this Act, after Warrant or Order entered in the Book of Register aforesaid for payment thereof, his Executors, Administrators or Assigns, by Endorsement 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 Fee or charge, accordingly make) shall entitle 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 joined, 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. 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, entitled, An Act for the Encouragement of Trade, amongst other things, some Provision was made for the preventing of coming in of vast Numbers of , 1● Car. 2. cap. 5. Stat. 3. whereby the Rents and Values of the Land of this Kingdom were much fallen, and like daily to fall more, to the great Prejudice, Detriment and Impoverishment of this Kingdom; which nevertheless hath by experience been found to be ineffectual; and the continuance of any Importation, either of the Lean or Fat , dead or alive, herein after specified, not only Unnecessary, but very Destructive to the welfare of this 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 Commons in this present Parliament Assembled, That such Importation from and after the second day of February, Importation of a common Nuisance. in this present year One thousand six hundred sixty and six, is a public and common Nuisance, and shall be so adjudged, deemed and taken to be to all intents and purposes whatsoever. And that if any great , Sheep 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. Tythingman, Headborough, Churchwardens or Overséers of the Poor, or any of them, within their respective Liberties, Parishes or Places, to take and seize the same, and keep the same during the space of Eight and forty hours, in some public 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 justice 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 justice of Peace is hereby empowered 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 justice of Peace, shall be delivered without delay; But in default of such Proof and Warrant, than 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. dried or bloated, or any Salmon, Eels or conger's 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 from the Isle of Man in this Kingdom of England, Isle of Man. so as the number of the said do not exceed Six hundred Head yearly; And that they be not of any other Bréed then of the Breed 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 Sovereign Lord the King that now is, entitled, 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 been 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 in force until the end of Seven years from the expiration or determination of the Act. And be it further Enacted by the Authority aforesaid, That the benefit of Clergy shall be taken away from great, known and notorious Thiefs and Spoil-takers in the said Counties of Northumberland, Cumberland, or either of them, during the continuance of this present Act, Clergy taken away from notorious Theives in Northumberland, Cumberland. who shall be duly Convicted for Theft done or committed within the said Counties, or either of them; Or otherwise, That it shall and may be lawful to and for the justices of the Assize, and Commissioners of Oyer and Terminer, or Gaol-delivery, before whom such Offenders shall be Convicted within the said Counties, or either of them, to Transport, or cause to be Transported the said Offenders, and every of them, into any of His Majesty's Dominions in America, there to remain, and not to return; Any former Law, Statute or Usage to the contrary in any wise notwithstanding. CAP. IU. For Burying in Woollen only. FOr the Encouragement of the Woollen Manufactures of this Kingdom, and prevention of the Exportation of the Moneys thereof, for the Buying and Importing of Linen; Woollen Manufactures encouraged. 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 thereof, That from and after the Five and twentieth day of March, in the year of our Lord One thousand six hundred sixty seven, No person or persons whatsoever shall be buried in any Shirt, None shall be buried but in Woollen. Shift, or Shéet made of, or mingled with Flax, Hemp, Silk, Hair, Gold or Silver, or other than what shall be made of Wool only, or be put into any Coffin lined or faced with any thing made of, or mingled with Flax, Hemp, Silk or Hair; upon pain of the forfeiture of the sum of Five pounds, Penalty. to be employed to the use of the poor of the Parish where such person shall be buried, for and towards the providing a Stock or Workhouse for the setting them at work, to be levied by the Churchwardens and Overséers of the Poor of such Parish, or one of them, by Warrant from any justice of the Peace, or Mayor, Alderman, or Head-officer of such City, Town or place Corporate, respectively within their several Limits, by Distress and Sale of the Goods of the party Interred contrary to this Act, rendering the overplus; or in default thereof, by Distress and Sale of the Goods of any that had a hand in the putting such person into such Shift, Shirt, Shéet or Coffin, contrary to this Act, or did order or dispose the doing thereof, to be levied and employed as abovesaid. Proviso for persons dying of the Plague. Provided, That no penalty appointed by this Act, shall be incurred for, or by the reason of any person that shall die of the Plague, though such person be buried in Linen. CAP. V. For Encouraging for Coinage. WHereas it is obvious, That the plenty of Current Coins of Gold and Silver of this Kingdom, is of great advantage to Trade and Commerce; For the Increase whereof, Your Majesty in Your Princely Wisdom and Care, hath been graciously pleased to bear out of Your Revenue, half the Charge of the Coinage of Silver-money: For the preventing of which Charge to Your Majesty, Encouragement for bringing Gold and Silver into the Realm. and the Encouragement of the bringing of Gold and Silver into the Realm, to be converted into the Current Money of this Your Majesty's Kingdom, We Your Majesty's Dutiful and Loyal Subjects, do Give and Grant unto Your Majesty, the Rates, Duties or Impositions following; And do beseech 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 Commons in this present Parliament assembled, and by the Authority of the same, That whatsoever person or persons, Native or Foreigner, Alien or Stranger, Silver or Gold brought in to be Coined. shall from and after the Twentieth day of December One thousand six hundred sixty and six, bring any Foreign Coin, Plate or Bullion of Gold or Silver, in Mass, Molten, or Allayed, or any sort of Manufacture of Gold or Silver into His Majesty's Mint or Mints within the Kingdom of England, to be there Melted down and Coined into the current Coins of this Kingdom, shall have the same there Assayed, Melted down and Coined with all convenient speed, without any Defalcation, Diminution or Charge for the Assaying, Coinage, or Wast in Coinage: So as that for every pound Troy of Crown or Standard-Gold that shall be brought in and delivered by him or them to be Assayed, Melted down, and Coined as aforesaid, there shall be delivered out to him or them respectively, a pound Troy of the current Coins of this Kingdom, of Crown or Standard-Gold; And for every pound Troy of Sterling, or Standard-Silver that shall be brought in and delivered by him or them to be Assayed, Melted down and Coined as aforesaid, there shall be delivered out to him or them respectively a pound Troy of the current Coins of this Kingdom, of Sterling, or Standard-Silver, and so proportionably for a greater or lesser weight; And for every pound Troy of Gold or Silver that shall be brought in, and delivered to be Assayed, Melted down, and Coined as aforesaid, that shall be finer upon Assay then Crown-Gold, or Standard-Silver, there shall be delivered for the same so much more than a pound Troy, as the same doth in proportion amount unto in ●●neness and value; And for every pound Troy of Gold or Silver that shall be brought in, and delivered to be Assayed, Melted down, and Coined as aforesaid, that shall be courser or base upon Assay, or worse in value then Crown-Gold, or Standard-Silver, there shall be delivered for the same so much less than a pound Troy, as the same doth fall short in fineness or value, and so for a greater or lesser quantity. And it is hereby further Enacted by the Authority aforesaid, That there shall be no preference in point of Assaying or Coinage; There shall be no under preference but money Coined shall be delivered out in order. but that all Gold and Silver brought in, and delivered into the Mint, to be Assayed and Coined, shall be Assayed, Coined, and delivered out to the respective Importers, according to the order and times of bringing in and delivering the same into the Mint or Mints, and not otherwise: So as he that shall first bring in, and deliver any Gold or Silver to be Coined, shall be taken and accounted the first person to have the same Assayed, Coined, and Delivered; And he or they that shall bring in and deliver any Gold or Siver next, to be accounted the second person to have the same Assayed, Coined, and Delivered; and so successively in course. And that the Gold and Silver brought in and Coined as aforesaid, shall be in the same order delivered to the respective bringers in thereof, their Executors, Administrators or Assigns successively without preference of one before the other, and not otherwise: And if any undue preference be made in Entering of any Gold or Silver, or delivering out of any money Coined, contrary to the true intent and meaning of this Act, by any Officer or Officers of the Mint or Mints; Penalty. then the party or parties offending, shall be liable by Action of Debt, or in the Case, to pay the value of the Gold or Silver brought in, and not Entered and Delivered according to the true intent, and meaning and direction of this Act as aforesaid, with Damages and Costs to the party or parties grieved, and shall be forejudged from his or their Place or Office: And if such preference be unduly made by any of his or their Deputy or Deputies, Clerk or Clerks, without direction or privity of his or their Master or Masters, than such Deputy or Deputies, Clerk or Clerks only shall be liable to such Action, Damage and Costs as aforesaid, and be for ever after uncapable of serving or bearing Office in any Mint in the Kingdom of England. Provided always, That it shall not be interpreted any undue preference to incur any penalty in point of Delivery of moneys Coined, if the Officer or Officers, What shall not be an undue preference. or their Deputies or Clerks shall deliver out or pay any moneys Coined, to any person or persons that do come and demand the same upon subsequent Entries, before others that did not come to demand their moneys in their order and course, so as there be so much money reserved as will satisfy them, which shall not be otherwise disposed of, but kept for them. And for the more orderly and clear performance thereof, Be it Enacted, And it is hereby Enacted by the Authority aforesaid, That the Master-worker of His Majesty's Mint or Mints for the time being, shall at the time of the Delivery and Entry of any Gold or Silver in the said Mint or Mints, give unto the bringer or bringers in thereof to be Coined, a Bill under his hand, denoting the Weight, Fineness and Value thereof, together with the Day and Order of its Delivery into the said Mint or Mints. And for the further Encouragement and Assurance of such as shall bring any Gold or Silver into his Majesty's said Mint or Mints to be Coined; Be it Enacted, There shall be no seizure, or forfeiture, etc. of any Gold or Silver brought in to be coined. And it is hereby Enacted by the Authority aforesaid, That no Confiscation, Forfeiture, Seizure, Attachment, Stop or Restraint whatsoever shall be made in the said Mint or Mints, of any Gold or Silver brought in to be Coined, for or by reason of any Embargo, breach of the Peace, Letters of Mart or Reprisal, or War with any Foreign Nation, or upon any other account or pretence whatsoever; But that all Gold and Silver brought into any of his Majesty's Mint or Mints within the Kingdom of England to be Coined, shall truly, and with all convenient speed be Coined and delivered out to the respective bringer or bringers in thereof, their Executors, Administrators or Assigns, according to the Rules and Directions of this Act. And whereas it cannot be reasonably expected, that the Expense, Waste, and Charge in Assaying, Melting down and Coinage be born by Your Majesty, And for the further encouragement of Coinage, Be it Enacted, And it is hereby Enacted by the Authority aforesaid, An Imposition set upon Wines, Vinegar, Cider, or Beer Imported. That for every Tun of Wines, Vinegar, Cider, or Béer that shall be Imported or brought into the Port of London, or into any other Port, Créek or place within the Kingdom of England, Dominion of Wales, or Town of Berwick upon Tweed, from any parts beyond the Seas, or Scotland, from and after the Twentieth day of December, in the year of our Lord One thousand six hundred sixty and six, there shall be Levied, Collected and paid the sum of Ten shillings; And for every Tun of Brandy-wines, or Strong-waters that shall be imported as abovesaid, the sum of Twenty shillings, Brandywine. Strong-water. and so proportionably for a greater or lesser quantity, to be Levied, Collected and paid at the respective Custom-Houses to the Collectors and other Officers of the Customs for the time being, at the Importation of the said Commodities, over and above all other Duties charged, leviable and payable upon the said Commodities, and to be by them distinguished and kept apart from all other moneys by them Collected and Levied upon the same Commodities, or upon any other Commodities or Merchandizes whatsoever, and to be by the said Collector or Collectors respectively so answered and paid Quarterly into the Receipt of the Exchequer of Your Majesty, Your Heirs and Successors, there also to be kept distinct and apart from all other moneys arising by the Customs, or by any other way or Revenue whatsoever; which said Duty they are hereby enjoined to receive and pay according to the several Directions of this Act, without any Salary or Fee. And be it further Enacted and Declared by the Authority aforesaid, That all manner of Wines, Vinegar, Cider, Béer, Brandy-wines, and Strong-waters Imported as aforesaid, shall pay their several and respective Duties imposed by this Act; And upon nonpayment thereof, shall be liable to such, and the same pains, penalties and forfeitures, as in and by the late Acts for Tonnage and Poundage, and for Frauds, are Enacted and appointed, upon nonpayment of the Duties by the said Acts imposed upon Goods and Merchandises of the same nature with those mentioned in this Act. Provided always, and it is hereby Enacted, That for what of the aforesaid Commodities shall be Transported into any parts beyond the Seas, within the term and space of one year after the Importation thereof, That the Duty paid by this Act for the same, shall be repaid by the respective Collectors of the Customs for the time being. And it is hereby further Enacted, That no moneys leviable and payable by this Act, shall be applied or converted to any use or uses whatsoever, Money's leviable upon this Act shall be employed only to the use of the Mint. other then to the defraying the charge or expense of the Mint or Mints, and of the Assaying, Melting down, Waste and Coinage of Gold and Silver, and the encouragement of the bringing in of Gold and Silver into the said Mint or Mints, there to be Coined into the current Coins of this Kingdom; Nor shall any of the said Moneys be issued out of the Exchequer, but by Order or Warrant of the Lord Treasurer and under-treasurer, or Commissioners of the Treasury for the time being, to the Master and Worker, or Masters and Workers of Your Majesty's Mint or Mints for the time being, and mentioning, That they are for the use and service aforesaid, to be kept in His Majesty's Office of Receipt in the said Mint or Mints, under the usual Keys of the Warden, Master and Worker, and controller 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 Fees 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 Coining, above the sum of Three thousand pounds Sterling money; And the overplus of the said moneys so kept, or to be kept as aforesaid, shall be employed for and towards the expense, waste and charge of assaying, melting down and Coinage, and buying in of Gold and Silver to Coin, 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 than 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 Coined by virtue 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 Coined, 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 Premises, not exceeding 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 Sovereign Lord CHARLES, by the Grace of God, of England, Scotland, France and Ireland King, Defender of the Faith, etc. 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, Entitled, 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 than 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 virtue 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 overrated for their personal Estates are by the said Act enabled. And be it Enacted, That all persons not being Householders, 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 been burnt by the dreadful and dismal Fire which happened in September last; Many of the Tenants, under-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 been 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 speed, 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 therefore 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 the justices of the Courts of King's Bench and Common Pleas, justices appointed to hear and determine differences between Landlords and Tenants, etc. and the Barons of the Coif of the Exchequer for the time being, or any three or more of them, sitting, at the same time and place, and not otherwise, shall be, and are hereby Authorized from time to time to hear and to determine all Differences and Demands whatsoever, which have arisen, or may any wise arise between Landlords, Proprietors, Tenants, Lessées, under-tenants, or late Occupiers of any the said Houses or Buildings, with their appurtenances, or the Courts or Yards, Grounds and Wharves, or any person or persons having or claiming any Estate, Right, Title, Interest in Law or Equity or Trust, Charge, or Encumbrance of or in the same, or their or any of their Heirs, Executors, Administrators, Successors or Assigns, or any other persons, for, touching or concerning the Repairing, Building or Rebuilding of the said Houses or Buildings, Yards, Courts, Grounds and Wharves, or any other Grounds lying within that part of the City and Suburbs thereof lately burnt, pulled down, or otherwise demolished, defaced, or otherwise ruined by reason of the said Fire; or for or concerning the payment, defalcation, apportioning, or abatement of any Rent or Rents, other than Arrears of Rent only due before the First day of September, One thousand six hundred sixty and six; or for or touching any Covenant, Condition or penalty relating thereunto; or for, touching, or concerning the prefixing or limiting of any time for such Repairs or new Building, Rebuilding, or any Rate or Contribution to be born or paid thereunto by any person or persons, Bodies Politic or Corporate interessed in the premises, and all Incidents relating thereunto. And that they, or any three or more of them, from time to time, with, or without any Adjournment, summarily, and sine forma & figura Judicii, and without the formalities of proceed in Courts of Law or Equity, shall and may, upon the Verdict or Inquisition of jurors, testimony of witnesses upon Oath, Examination of parties interessed, or by all or any of the said ways, or otherwise, according to their Discretions, proceed to the hearing and determining of the Demands or Differences between the said parties concerning the premises; and that the definitive Order of the said justices and Barons, or any three or more of them as aforesaid, shall be final as between the said parties, their Heirs, Executors, Administrators, Successors and Assigns, and all claiming by, from or under them, as touching the matters contained in such Orders; from which there shall be no Appeal or Review, otherwise then as is hereafter mentioned; Nor shall any Writ of Error or Certiorari lie for the removal or reversal of the same. And be it further Enacted by the Authority aforesaid, That the said justices and Barons, The Powers of the said justices. or any three or more of them as aforesaid, shall have Authority, and are hereby Empowered, where they shall think it convenient, to Order the Surrendering, Increasing, Abridging, Ceasing, Determining or Charging of any Estates in the Premises; or to order new or longer Leases, or Estates, not exceeding Forty years, to be made of any of the premises by the Proprietors or Owners thereof, or other persons interessed therein, to any Tenant or Sub-Tenant, or late Occupiers of the same, their Executors, Administrators, Successors or Assigns, at such Rents and Fines, or without any Rent or Fine, as they shall think fit, unless in such Cases where the Laws of this Realm do forbid the Diminishing of ancient and accustomable Rents. All which Orders, according to the Tenors thereof, shall be obeyed by all persons concerned therein respectively, and shall conclude and bind them, their Heirs, Successors, Executors, Administrators and Assigns respectively, notwithstanding any Disability in respect of Coverture, Infancy, Nonsanity of Memory, Estate Tail, or in Right of the Church, or otherwise: And that Infants, Femes Covert, Idiots, persons of Non-sane Memory, or beyond the Seas, Tenants in Tail, Bishops, Deans and Chapters, and other Ecclesiastical persons, and their Successors, Corporations, and all other person or persons, Bodies Natural and Politic, their Heirs and Successors, and their respective Interests, shall be bound and concluded by such respective Order or Orders, according to the Tenor or Purport thereof; Any Law, Statute or Custom, or other matter or thing to the contrary notwithstanding. And for the better Enabling the said justices and Barons to proceed with effect in the said Causes, How to proceed upon Complaints. Be it also Enacted by the Authority aforesaid, That the said justices and Barons, or any three or more of them as aforesaid, upon the complaint or request of any person or persons concerned in any of the said Houses or Buildings, and other the premises, shall issue out Notes or Warrants under their hands, or the hands of any such three of them, thereby warning the person or persons, Bodies Politic and Corporate therein named and concerned in the said late Houses or Buildings, and other the premises in such Complaint mentioned, to appear before them at such time and place as in such Note or Notes shall in that behalf be specified: And upon appearance of the said person or persons summoned, or upon default of appearance, and Oath made of due notice given to him or them, (which Oath, and all other Oaths necessary to the Execution of the Powers given by this Act, the said justices and Barons, or any three of them are hereby enabled to administer) The said justices and Barons, or any three of them, may proceed to make such final and definitive Orders as aforesaid; And that such service of the said Note or Notes as is usually allowed to be a good service in cases of Subpoena, shall be accounted to be a good service in the cases aforesaid. The said Indicature shall be a Court of Record. And be it Enacted by the Authority aforesaid, That the said justices and Barons, or any three of them, for the matters, and according to the powers herein before mentioned, shall be, and shall be taken to be a Court of Record: And that the judgements and Determinations that shall be made betwixt party and party, by Authority of this Act, shall be Recorded in a Book or Books of Parchment to be provided for that purpose; And that every such judgement and Determination shall be Signed by three or more of the said justices or Barons. Which said Book or Books of Record shall be placed and entrusted in the custody of the Lord Mayor and Aldermen of the City of London for the time being, to be kept with the Records of the said City, and to remain as a perpetual standing Record; unto which all persons concerned, or which shall be concerned, shall or may repair to view the same, and thereout to take Copies of all such judgements and Determinations as shall relate to him, her, and them; And that none of the said justices and Barons shall take any Fee or Reward whatsoever, directly or indirectly for any thing to be done by them, by virtue or colour of this present Act. Officers. And be it Enacted by the Authority aforesaid, That for a reward of the Officers to be employed herein, A Table of Fees. the said justices and Barons, or any three or more of them as aforesaid, are hereby enabled to order and direct a Table of such reasonable Fees to be made, as may carry on and effect the purport and intent of this Act. This Act to continue till the last day of December, which shall be in the year of our Lord One thousand six hundred sixty and eight, The continuance of this Act. and no longer. Proviso touching the renewing and reversing Orders or Decrees. Provided always, and be it Enacted by the Authority aforesaid, That where any such Order or Decree as aforesaid, shall be made by a lesser number of justices and Barons then Seven, it shall be lawful for any person aggrieved by such Order or Decree, to present his Exceptions to the same in writing, within seven days next after such Order or Decree made, to the Chief justices and Chief Baron for the time being, or any two of them, who shall forthwith communicate the same to the rest of the said justices and Barons, who are hereby required to hear the Parties, and examine and consider the said Exceptions: And if any Seven or more of them shall subscribe thereunto, that they find probable cause of complaint, Than it shall and may be lawful to, and for any Seven or more of the said justices & Barons, within Twenty days next following such Exceptions delivered, to review the said former Order or Decree; And thereupon to reverse, Confirm, Enlarge, Diminish, or otherwise alter any such Order or Decree, as in their wisdoms they shall think fit; Any thing herein contained notwithstanding. CAP. III. For Rebuilding the City of London. FOrasmuch as the City of London, being the Imperial Seat of His Majesty's Kingdoms, and renowned for Trade and Commerce throughout the World; by reason of a most dreadful Fire lately happening therein, was for the most part thereof burnt down and destroyed within the compass of a few days, and now lies buried in its own Ruins: For the speedy Restauration whereof, and for the better Regulation, Uniformity, and Gracefulness of such new Buildings as shall be erected for Habitations in order thereunto; And to the end that great and outrageous Fires (through the blessing of Almighty God, so far forth as humane Providence (with submission to the Divine pleasure) can foresee) may be reasonably prevented or obviated for the time to come, both by the matter and form of such Building: And further, to the intent that all Encouragement and Expedition may be given unto, and all Impediments and Obstructions that may retard or protract the undertaking or carrying on a work so necessary, and of so great Honour and Importance to His Majesty and this Kingdom, and to the rest of His Majesty's Kingdoms and Dominions, may be removed; Be it therefore Enacted by the Kings most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons in this present Parliament assembled, and by the Authority of the same, That the Rules and Directions hereafter in this Act prescribed, be duly observed by all persons therein concerned. And first, That no Building or House for Habitation whatsoever, Rules and directions to be observed in building. be hereafter Erected within the limits of the said City and Liberties thereof, but such as shall be pursuant to such Rules and Orders of Building, and with such materials as are herein after particularly appointed, and according to such Scantlings as are set down and prescribed in a Table in this present Act hereafter specified. And if any person or persons shall presume to Build contrary thereunto, and be convicted of the same by the Oaths of two or more credible witnesses, to be taken before the Lord Mayor for the time being, or any two or more of the justices of the Peace for the said City, Penalty. who are hereby empowered to administer the same Oaths, that then and in such case, the said House so irregularly built as aforesaid, shall be deemed as a common Nuisance; and the Builder and Levier thereof shall enter into a Recognizance in such sum as the said Mayor and justices respectively in their Discretions shall appoint, for abatement and demolishing the same in convenient time, or otherwise to amend the same according to such Rules and Orders as aforesaid; and in default of entering into such Recognizance, the Offender shall be committed to the common Gaol of the said City, there to remain without Bail or Mainprize, till he shall have abated or demolished, or otherwise amended the same; or else such irregular House shall or may be demolished or abated by Order of the Court of Aldermen. And that the said irregular Buildings may be the better prevented, or more effectually discovered, Prevention of irregular buildings. Be it further Enacted by the Authority aforesaid, That the Lord Mayor, aldermans and Common-Council of the said City, shall and may at their will and pleasure, elect, nominate and appoint one or more discreet and intelligent person or persons in the Art of Building, to be the Surveyors or Supervisors, to see the said Rules and Scantlings well and truly observed. And that it shall be lawful for the said Mayor, aldermans and Common Council, or for the Mayor and Aldermen in their Court of Aldermen, to administer to all the said Surveyors or Supervisors, an Oath upon the holy Evangelists, for the true and impartial execution of their Office in that behalf, and to appoint the several Precincts which shall be under their several Surveys. And to the end that all Builders may the better know how to provide and fit their materials for their several Buildings: Be it Enacted, That there shall be only Four sorts of Buildings, There shall be four sorts of buildings only. and no more; and that all manner of Houses so to be erected, shall be of one of those four sorts of Buildings, and no other, (that is to say) The First and least sort of Houses fronting By-Lanes; the Second sort of Houses fronting Streets and Lanes of note; the Third sort of Houses fronting high and principal Streets; the Fourth and largest sort of Mansion-houses, for Citizens, or other persons of extraordinary quality, not fronting either of the three former ways: And the Roofs of each of the first three sorts of Houses respectively shall be uniform. And for avoiding any uncertainty to the Builders, or others herein; Be it further Enacted, Powers of the Lord Mayor aldermans and Common Council to declare Streets Lanes etc. That the Lord Mayor, aldermans, and Common Council of the said City for the time being, shall on or before the first day of April next ensuing, declare which, and how many shall hereafter be accounted and taken to be By-lanes; which, and how many shall hereafter be deemed Streets, or Lanes of note, and high and principal Streets, by Act of Common-Council to be passed for that purpose: which Declaration being made as aforesaid, all and singular the said Streets and Lanes (hereby intended to be rebuilt) shall by Order of the said Lord Mayor, aldermans, and Common Council, or such persons as they under the Common Seal of the said City shall order and appoint, be Marked or Staked out, and distinguished; to the end the Breadth, Length and Extent thereof may be the better known and observed: And if any person or persons whatsoever shall wittingly or willingly, without good Authority, pluck up, or remove any of the said Stakes, or Mark-stones, thereby to obscure or confound the bounds of such Streets, or Lanes, or any of them, and shall be thereof legally convicted by the Oath of one Witness (other then of the Informer) to be taken before any one, or more justices of the Peace of the said City, That then the said justice or justices shall or may send such Offender to the Common-gaol of the said City, there to remain by the space of three months without Bail or Mainprize, unless he shall pay or cause to be paid to the use of the Mayor, Commonalty, and Citizens of the said City, the sum of Ten pounds, to be employed in and towards the repairing of the public Buildings of the said City. Provided always, That where any such Offence shall be committed by any person or persons of low and mean condition, whom the said justice or justices of the Peace shall in his conscience believe to be unable to satisfy the said Penalties, That then and in such case, the said justice or justices of the Peace shall and may, by Order and Warrant under his or their Hands and Seals, cause such Offender to be openly whipped near unto the place where the Offence shall be committed, till his body be bloody: And that it shall and may be lawful for the said justice or justices of the Peace to reward the said Informer out of the Pecuniary Penalty to be incurred, according to his discretion, not exceeding a Third part of the said Penalty. And in regard the building with Brick is not only more comely and durable, but also more safe against future perils of Fire; Building with Brick, Stone, Oak. Be it further Enacted by and with the Authority aforesaid, That all the outsides of all Buildings in and about the said City be henceforth made of Brick or Stone, or of Brick and Stone together, except Door-cases and Window-frames, the Breast, Summer, and other parts of the first Story to the Front, between the Péers, which are to be left to the discretion of the Builder, to use substantial Oaken Timber in stead of Brick or Stone, for conveniency of Shops; And that the said Doors, Breast, Summer, and Window-frames be sufficiently discharged of the burden of the Fabric by Arch-work of Brick or Stone, either strait or circular. The duty of the Surveyors and Supervisors. And be it Enacted, That the said Surveyors, or Supervisors so to be appointed as aforesaid, and every of them, within their several Precincts, shall take care, That in Building of all Houses within the said City and Liberties thereof, there be, And it is hereby Enacted by the Authority aforesaid, That there shall be Party-walls, and Party-péers set out equally on each Bvilder's ground, to be built up by the first beginner of such Building; And that convenient Toothing be left in the Front-wall by the said first Builder, for the better joining of the next House that shall be built to the same: And that no man be permitted by the said Surveyors, to build on the said Party-wall, or on his own contiguous ground, until he hath fully reimbursed the said first Builder the full moiety of the charges of the said Party-wall and Péers, together with Interest for the same, after the rate of Six pounds per Cent. per Annum for forbearance thereof, to be accounted from the beginning of the said first building. Who may determine Differences between first and later bvilders. And in case any difference shall arise between the first and later Builders, concerning the true value of the said Charge, That then the same be referred to the Alderman of that Ward where such Building shall be, and to his Deputy, to mediate an agreement of such difference: And where the said Alderman and his Deputy, or one of them shall be parties, or where they cannot compose such difference as aforesaid, That the matter be referred to the Examination of the Lord Mayor and Court of Aldermen, who shall hear, and finally determine the same, without any Appeal to be had. Houses of the first and last sort of building. And be it further Enacted, That the said Houses of the first and least sort of Building, fronting By-stréets or Lanes as aforesaid, shall be of two Stories high, besides Cellars and Garrets: That the Cellars thereof be six foot and a half high, if the springs of water hinder not; That the first Story be nine foot high from the Floor to the Ceiling; and the second Story nine foot high from the Floor to the Ceiling; That all Walls in front and réer, as high as the first Story, be of the full thickness of the length of two Bricks, and thence upwards to the Garrets of the thickness of one Brick and an half; and that the thickness of the Garret-walls on the backpart be left to the discretion of the Builder, so that the same be not less than the length of one Brick: And also that the thickness of the Party-walls between these Houses of this first and dat sort of Building, be one Brick and an half, as high as the said Garrets; and that the thickness of the Party-wall in the Garrets, be of the thickness of one Brick in length at the least; and that the Scantlings of Timber and Stone to be used about the building thereof, be as in the said Table are set down and prescribed. Houses of the second sort of building. And be it further Enacted, That the Houses of the second sort of Building, fronting Streets and Lanes of note, and the River of Thames, shall consist of three Stories high, besides Cellars and Garrets as aforesaid; That the Cellars thereof be six foot and an half high (if the springs of water hinder not) That the first Story contain full ten foot in height from the Floor to the Ceiling; the second, full ten foot; the third, nine foot: That all the said Walls in front and réer, as high as the first Story, be of the full thickness of the length of two Bricks and an half, and from thence upwards to the Garret-floor of the thickness of one Brick and an half; and that the thickness of the Garret-walls on the backpart be left to the discretion of the Builder, so that the same be not less than the length of one Brick; & also that the thickness of the Party-walls between every House of this second and larger sort of Building, be two Brick lengths as high as the first Story, and thence upwards to the Garrets of the thickness of one Brick and half; the Scantlings of Timber and Stone to be as in the said Table are prescribed. Houses of the third sort of building. Also that the Houses of the third sort of Buildings, fronting the high and principal Streets, shall consist of four Stories high, besides Cellars and Garrets as aforesaid: That the first Story contain full ten foot in height from the Floor to the Ceiling; the second, ten foot and an half; the third, nine foot; the fourth, eight foot and an half. That all the said Walls in front and réer, as high as the first Story, be of the full thickness of the length of two Bricks and an half, and from thence upwards to the Garret-floor of the thickness of one Brick and an half: That the thickness of the Garret-walls on the back part be left to the discretion of the Builder, so as the same be not less than the length of one Brick; and also that the thickness of the Party-walls between every house of this third and larger sort of Building be two Bricks lengths as high as the first Story, and then upwards to the Garrets of the thickness of one Brick and half; the scantlings of Timber and Stone to be as in the said Table are prescribed. Houses of the fourth sort of building. And be it further Enacted, That all Houses of the fourth sort of Building, being Mansion-houses, and of the greatest bigness, not fronting upon any of the Streets or Lanes as aforesaid, shall bear the same Scantlings as in the Table are set down for the same; and that the number of Stories, and the height thereof be left to the discretion of the Builder, so as he exceed not four Stories. And be it further Enacted, That in the Front of all houses hereafter to be erected in any such Streets as by Act of Common-Council shall be declared to be Highstréets, Fronts of Houses in High-streets. Balconies. Balconies four foot broad, with Rails and Bars of Iron, of equal distance from the ground, shall be placed; every of which Balconies shall contain in length two parts of the Front of the house on which it shall be placed, in three parts to be divided, and the remaining vacancy of the Front shall be supplied with a Penthouse of the breadth of the Belcony, to be covered with Lead, Slate or Tile, and to be Cieled with Plastering underneath; and that the Water falling as well from the tops of the said Houses, as from the said Balconies and Penthouses, be conveyed into the Channels by Party-pipes on the sides or fronts of the said Houses; and that Pavements under every of the said Balconies and Penthouses be made of good and sufficient broad flat Stone, at the charge of the Builder. And be it further Enacted, How Houses fronting on High-Streets shall be built. That no Builder of any of the Houses fronting any of the said Highstréets, Streets or Lanes of note, be permitted to lay his first Floor over-the Cellar more than Eighteen Inches above the said Streets, or less than Six, with one Circular step to lead up thereunto, to be placed without the Building: And that no Trapdoors or open Grates be in any wise suffered to be made into any such Cellar or Warehouse without the foundations of the Front; but that all Lights to be made into any of them, be henceforth made upright, and not otherwise; and that no Bulks, jetties, Windows, Posts, Seats, or any thing of like sort shall be made or erected in any Streets, Lanes or By-lanes, to extend beyond the ancient foundation of Houses; nor that any House be set further into the Street than the ancient foundation; Saving only that in the high and principal Streets, it shall be lawful for the Inhabitants to suffer their Stall-boards (when their Shop-windows are set open) to turn over, and extend eleven inches and no more, from the Foundation of their Houses into the Streets, for the better conveniency of their Shop-windows. And be it further Enacted, That if any person or persons, Bodies Politic or Corporate, Within what time all persons are to rebuild their houses. Penalty. being Seized, Possessed, or Interessed of, or in any Ground which was formerly builded upon, and the Houses thereupon being now burned or pulled down at the time of the late Fire, shall not within Three years' next ensuing build up the same, That then the Mayor, aldermans and Common-Council of the City of London, by Act of Common-Council, may cause Proclamation to be publicly made between the hours of Twelve and two of the clock in the afternoon, as well at or upon the said Ground, as also at or upon the public Exchange of the said City, thereby to give notice to all persons that shall be, or may be therein concerned, to cause the same to be rebuilded according to the direction of this present Act, within the space of Nine months then next following: And in case the Owners thereof, or other person or persons having Interest therein, shall refuse or neglect to rebuild the same, in manner, and within such time as aforesaid, That then in such case the said Mayor and Court of Aldermen of the said City are hereby Authorized to Issue out Warrants to the Sheriffs of London for the time being, requiring them to Impannel and return before them a jury of good and lawful men of the said City, which the said Sheriffs are hereby authorized and required to do accordingly; which jury so returned, shall upon their Oaths to be administered to them by the said Mayor and Court of Aldermen (who are likewise hereby Authorized to minister the same) Inquire, Estimate and Assess the true and just Value of such void Ground, according to their judgements; And that from and after such Inquiry and Valuation thereof made as aforesaid (by Inquest of the said jury) it shall and may be lawful to and for the said Mayor, aldermans and Common Council of the said City, to make Sale of the Fee or Inheritance thereof, by Conveyance under their Common Seal, to any person or persons that will purchase the same at such price at which the same shall have been so as aforesaid Estimated and Valued by the said jury; and the moneys thereupon to be received of the Purchasers thereof, shall be paid into the Chamber of London, and from thence to be issued out and paid by the Chamberlain of London for the time being, unto such person or persons who shall have any Estate or Interest into, or out of the same, according to his or their respective Estate or Estates, Title or Interest: which Sale so made and Enrolled of Record, according to the Custom or Usage of the said City for enrolment of Bargains and Sales, shall be final and conclusive to all other persons whatsoever, and shall bar them, their Heirs and Assigns, to claim any Estate, Right, Title or Interest of, in, or out of the Grounds so sold, precedent to the said Sale; And the Purchaser or Purchasers thereof, his and their Heirs and Assigns, shall and may by virtue of this Act, have, hold and enjoy the same against all persons claiming any Estate, Right, Title or Interest into, or out of the same, his and their Heirs, Executors, Administrators and Assigns, freed and discharged of and from Encumbrances in Estate, Title, Charge or otherwise, precedent to the said Sale. And to the end the said Builders may receive due encouragement, by having the materials for building at reasonable Prices, and getting of Workmen for moderate wages; Be it further Enacted, That in case of Combination, or unreasonable Exaction by Brick-makers, Tilemakers, Who may (in case of unreasonable exactions) set rates upon Materials and Workmen. and Limeburners, It shall and may be lawful for the justices of the Court of King's Bench, or any two or more of them, upon the complaint of the said Mayor and Court of Aldermen, to call before them such a number of Brick-makers, Tilemakers, and Limeburners, making or burning Brick, Tile or Lime, at any place within Five mile's distance of the River of Thames, as they shall think fit; and upon conference with them had concerning the premises, if they will be present, or otherwise in their absence, to Assess such reasonable Prices from time to time upon every Thousand of the said Bricks and Tiles, and upon every hundred of the said Lime, and every greater or lesser quantity, to be delivered at the several Kilns: And also of all Carriages of the same Materials from the said Kilns to the said City, whether by Land or by Water, as may equally respect the honest profit of the said Brick-makers, Tilemakers, Limeburners and Carriers, and the necessity and convenience of the Builder. Labourers Wages. And to the intent no Brick-maker, Tile-maker, Lime-burner, Carpenter, Bricklayer, Mason, Plasterer, joiner, Plumber, or other Artificer, Workman or Labourer, may make the common calamity a pretence to extort unreasonable or excessive Wages; Be it likewise Enacted, That in case of combination or exaction of unreasonable Wages by the said Artificers, Workmen or Labourers, or any of them, the said justices of the Court of Kings-Bench, or any two or more of them, upon the like complaint of the said Lord Mayor and Court of Aldermen, shall and may from time to time, limit, rate and appoint the Wages of the said Artificers, Workmen and Labourers, by the day, week, or otherwise, and what wages every of the said Workmen shall have by the great, by the Foot, Yard, Rod or Perch, or for any greater Quantity: which said Rates, together with the Prices of the said Materials and Carriages so assessed, being set down in a Table, and Proclamation thereof made by the Lord Mayor for the time being accordingly, the same shall effectually bind all persons therein concerned. And if any of the said Artificers refuse to sell the said Materials for the Prices so assessed, or any of the said Carpenters, Bricklayers, Masons, Plasterers, joiners, Plumbers, or other Workmen or Labourers, shall either refuse to work for the Wages so assessed, or shall departed from his said work after he hath undertaken to do the same, without Licence of such person or persons as employed him, and before it be finished, unless it be for nonpayment of his hire, or other just cause to be allowed before one justice of the Peace of such place where the offence shall be committed; or if any person or persons whatsoever shall by any secret ways or means give, covenant, article or agree to give directly or indirectly, by himself, or any other for him, any other or greater Wages, Prices, or other Commodity than shall be so assessed: the said Offender and Offenders being thereof legally convict by the Oaths of one or more witnesses, which Oath the said justice is hereby empowered to administer, shall be by the said justice of the Peace forthwith committed to the Common Gaol, there to remain by the space of one Month without Bail or Mainprize, unless he shall pay, or cause to be paid for every such Offence to the said justice of the Peace, such Fine as by the discretion of the said justice shall be set upon any such Offender, not exceeding Ten pounds; Out of which Fine the said justice shall and may award and pay unto the party injured such satisfaction as he shall judge reasonable, and the residue thereof shall pay unto the Chamberlain of London for the time being, to be employed for and towards the re-edifying of the Public Buildings of the City aforesaid. Foreigners may as Freemen, work in London. And be it further Enacted, That all Carpenters, Bricklayers, Masons, Plasterers, joiners, and other Artificers, Workmen and Labourers, to be employed in the said Buildings, who are not Fréemen of the said City, shall for the space of Seven years next ensuing, and for so long after as until the said Buildings shall be fully finished, have and enjoy such and the same liberty of working, and being set to work in the said Building, as the Fréemen of the City of the same Trades and Professions have and aught to enjoy; Any Usage or Custom of the City to the contrary notwithstanding. And that such Artificers as aforesaid, which for the space of Seven years shall have wrought in the rebuilding of the City in their respective Arts, shall from and after the said seven years, have and en●oy the same Liberty to work as Fréemen of the said City, for and during their natural lives. Provided always, That such Artificers claiming such Privileges, shall be liable to undergo all such Offices, and to pay and perform such Duties in reference to the Service and Government of the City, as Fréemen of the City of their respective Arts and Trades are liable to undergo, pay and perform. Who may determine differences between Builders, about stopping Lights, etc. And to remove all obstacles which otherwise may hinder so good and profitable a work, Be it further Enacted by the Authority aforesaid, That all differences arising between the said Builders or any others concerning placing and stopping up of Lights, Windows, Watercourses or Gutters, which may hinder or retard the said Building, shall and may be heard, mediated and determined (if it may be) by the Alderman of the Ward where the cause of any such difference shall arise, and his Deputy; and if either the said Alderman or his Deputy be concerned as parties in the controversy, or that they cannot determine the said Differences, that then, and in every such case the same be certified by the said Alderman or his Deputy unconcerned therein, to the 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, etc. 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 Streets 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, aldermans and Commonalty in Common Council assembled, shall from time to time authorise 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 meeting 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, enlarging, 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 meeting, 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, enlarging, 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, rendering the overplus (if any be.) And that all other Commissioners whatsoever be altogether suspended to intermeddle in the premises 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, Noisome Trades prohibited in the High Streets. aldermans and Common Council of the said City, from time to time, to prohibit such Trades and Occupations as they shall judge noisome, or perilous in respect of Fire, to be used or exercised in the high or principal Streets of the said City. And forasmuch as the freedom of openness of the Street 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, aldermans 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 Streets 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 public 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 ancient Streets 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 enlarged, as well for the Convenience, as Ornament of the City; Be it Enacted by the Authority aforesaid, That the Mayor, aldermans 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 empowered and required to enlarge all and every the Streets 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 Street called Fleetstreet, from the place where the Greyhound-Tavern stood, to Ludgate, and from thence to Saint Paul's Churchyard; The Street leading from the East end of Saint Paul's Church into Cheapside; The Street and Passage at the East end of Cheapside, leading into the Poultry; The Street and Passage out of the Poultry, leading into the West end of Cornhill, at or near the place late called the Stocks; The Street called Blow-bladder Street, leading from the West end of Cheapside towards Newgate-Market; And to enlarge the Street and Passage from thence towards Newgate-Market, by laying the Ground where the Middle-Row in the Shambles there lately stood, into the said Street; and in like manner to enlarge the Passage from Newgate-Market towards Newgate, by laying the Ground of the late four Houses between Warwick-Lane end in Newgate-Market, and the late Bell-Inne there, into the Street: And in like manner to enlarge, as there shall be cause, the Lane called Ave-Maria-Lane, leading from Pater-Noster-Row to Ludgate-Street; And the Street or Passage at the end of Saint martin's 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 Thamesstreet, from the West-corner of Saint Magnus' Church aforesaid, to the Tower-Dock; and to enlarge Old Fish-Street, by laying the Middle-Row there into the Street. And the said Mayor, aldermans, and Common Council also shall and may by virtue of this present Act enlarge and make wider any other such straight and narrow passages within the said City, as are less than fourtéen foot in breadth: So as notice be given to the Owners or parties interessed in the Ground to be so taken for the enlarging thereof, on or before the First day of May next ensuing. And are and shall be also further enabled by virtue of this Act, to make or cause to be made a new Street 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 meet and convenient. And to the end that reasonable satisfaction may be given for all such Ground as shall be taken and employed for the uses aforesaid; The Mayor, aldermans, Satisfaction to be made for Ground. and Common Council shall and may treat and agree 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 agree 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 virtue 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 jury before the said Lord Mayor and Court of Aldermen; Which jury upon their Oaths to be administered by the said Lord Mayor and Court of Aldermen, be to Inquire and Assess such Damage and Recompense 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, aldermans, and Commons in Common Council assembled, shall be adjudged fit to be converted for the purposes aforesaid: And such Verdict of the jury, and judgement 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, aldermans, 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 free Recourse for Trade, and other Conveniencies by such Regulation and Enlargement; 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 agree and compound with the said Lord Mayor, aldermans and Commons for the same, Thereupon a jury shall and may be Impanelled in manner and form aforesaid, to judge 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 accountable for the same, according to such Directions as shall from time to time be given him by the said Lord Mayor, aldermans and Commons; And the Money so raised, shall be wholly employed towards payment and satisfaction of such Houses and Ground as shall be converted into Streets, Passages, Markets, and other public places aforesaid; And such satisfaction so given or tendered, and refused as aforesaid, shall divest 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 employed for the uses aforesaid, by virtue of this Act: Which shall be, and are hereby actually Settled 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 Highways 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 between several persons that shall claim several Estates or Interests into, or out of any Grounds to be sold by the said Mayor, aldermans and Common Council, or by them to be taken and disposed of by virtue, and in pursuance of this Act, to and for the uses aforesaid; That then the justices of the Courts of King's Bench and Common Pleas, and Barons of the Coif of the Exchequer for the time being, or any three 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 proceeding, and without the formalities or ordinary course of proceed 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 seem 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 justices 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 judgements; Be it further Enacted, That the Second day of September (unless the same happen to be Sunday, and if so, than the next day following) be yearly for ever hereafter observed as a day of Public 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 been 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 exceed the number of Thirty nine; Which shall be set out and appointed by, and with the advice and consent of the Lord Archbishop of Canterbury, and the Bishop of London for the time being. Provided also, And be it Enacted by the Authority aforesaid, That the Scites and Materials of such Churches as by this Bill are not intended to be Rebuilt, Scites and Materials of Churches to be sold, and how employed. together with the Churchyards belonging to such Churches, shall be, and are hereby vested in the Lord Mayor and Aldermen of the City of London for the time being; to the end so much of the said Ground as shall not upon the Rebuilding of the said City, be laid into the Streets, be sold and disposed of by the said Lord Mayor and Aldermen, or the major part of them for the time being, with the consent of the Archbishop of Canterbury, and Bishop of London for the time being; and the Money raised by such Sale, shall be by the said Mayor and Aldermen, or the major part of them, with the consent of the said Archbishop and Bishop, disposed of, and employed for and towards the Rebuilding of such Parish-Churches as by this Act are intended to be Rebuilt; and for no other use or purpose whatsoever. Provided always, That any thing in this Act contained, St. Paul's, St. Faiths, St. Gregory's Churches. shall not extend or be taken to vest or settle the Church of Saint Paul, and Saint Faiths, or any part thereof, or the Church of Saint Gregory's by Saint Paul's, or any of them, or the Churchyards to any of them belonging or appertaining, in the Mayor, aldermans, and Commons of the City of London, or any of them; Any thing in this Act notwithstanding. And be it Enacted, That for the preventing Inundations, and for easiness of Ascent, the Street called Thames-street, and all the Ground between the said Street and the River of Thames, Thames-street. shall be raised and made higher by three foot at the least above the surface of the ground as now it lieth. Provided also, And it is hereby further Enacted by the Authority aforesaid, That no House, Outhouse, or other Building whatsoever (Cranes and Sheds for present use only excepted) shall be built or erected within the distance of Forty foot of such part of any Wall, Key, or Wharf, as bounds the River of Thames, from Tower-Wharf to London-Bridge, and from London-Bridge to the Temple-Stairs: Nor any House, Outhouse or other Building, (Cranes only excepted) be Built or Erected within the distance of Threescore and ten Foot of the middle of any part of the Common-Sewers, commonly called or known by the names of Bridewell-Dock, Fleet-Ditch, and Turmil-Brook, from the River of Thames to Clarkenwel, upon either side of them, before the Four and twentieth day of March, which shall be in the year of our Lord, One thousand six hundred sixty eight. And for the further enabling of the said Mayor and Commonalty, and Citizens of the said City of London, and their Successors, to perform and accomplish the works in this Act mentioned; An Imposition upon Coals. Be it Enacted by the Authority aforesaid, That for all sorts of Coals, which from and after the four and twentieth day of June, One thousand six hundred sixty seven, and before the Four and twentieth day of June, One thousand six hundred seventy seven, shall be imported and brought into the Port of the City of London, or the River of Thames, within the liberty of the said City of London, upon the same River to be sold by the Cauldron or Tun, there shall be paid by way of Imposition thereupon, (over and besides all other Impositions and Duties due and payable for any sort of the said Coals, by virtue of any Law or Statute now in force) according to the Rates hereafter mentioned; That is to say, for such sorts of Coals as are usually sold by the Cauldron, for every Cauldron thereof containing Thirty six bushels Winchester measure, the sum of Twelve pence; and for all such sorts of Coals as are sold by the Tun, for every Tun thereof containing Twenty hundred weight, the like sum of Twelve pence; which said Imposition of Twelve pence for every Cauldron or Tun of Coals, shall from time to time during the term aforesaid, be answered and paid unto the said Mayor, and Commonalty and Citizens, and their Successors, or to their Deputy or Deputies, Officer or Assigns, by the Master, Owner or Owners, or other person or persons taking charge of any Ship or Vessel whereupon the same shall be laden, before they shall break Bulk, or have a Meeter assigned for the measuring or weighing of any Coals aforesaid, to be delivered from on board any such Ship or Vessel; the same to be paid at such place or places, as by the said Mayor and Court of Aldermen shall from time to time be appointed for the receipt thereof; Upon receipt whereof, the party appointed to receive the same, shall without delay, fee or reward, deliver a Receipt to the person or persons who shall pay the said Duty; which Receipt shall for so much be a sufficient discharge. And to the end that the said Imposition may be duly answered and paid without fraud or covin, and for the better Levying and Collecting thereof, and for discovery of the just quantities of all sorts of Coals to be Imported as aforesaid; Be it further Enacted by the Authority aforesaid, That the Coal-meters for the City of London, appointed, or to be appointed, and every of them, Coal-meters Duty for Levying the same. and their respective Deputies in their turn & course of attendance respectively, so soon as any Ship or Vessel fraught with Coals shall be unladen, shall forthwith deliver a true Certificate in writing, unto the Deputy or Deputies, Officers or Assigns of the said Mayor and Commonalty, and Citizens, who shall be appointed to receive the said Imposition, of the sorts, quantities and number of Cauldrons or Tuns of Coals respectively which shall be measured, or weighed and delivered from on Board any such Ship or Vessel, on pain for his or their default therein, to be suspended from the execution and benefit of his or their Office or Employment for one whole year from thence next following: And in case it shall appear by such Certificate or otherwise, That there was on Board any such Ship or Vessel, a greater number of Cauldrons or Tuns of Coals, then for which the said Imposition shall have been answered and paid as aforesaid; That then in such case there shall be paid to the said Mayor and Commonalty, and Citizens, and their Successors, for every Cauldron or Tun of Coals so concealed, over and above the Imposition aforesaid, the sum of Five shillings; for which (in case of refusal to pay the same) such Ship or Vessel, or any the Tackle, Furniture or Apparel thereof, may be attached and detained by Warrant from the Mayor of the said City for the time being, until payment thereof. Provided nevertheless, That if the Importer, upon such Certificate delivered in by the Coal-meter, shall within four and twenty hours, give in his Post-entry, and satisfy 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 Cauldron 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 virtue, and in pursuance of this Act, be taken and employed for the enlarging of the Streets, 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 employed for the making of Wharves 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 Accounts of Re●ei●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 Vellum or Parchment, in which all moneys thereupon to be received, shall from time to time be entered and set down: And also other like Book or Books, wherein the Accounts of all Payments and Disbursements out of the same shall be likewise entered; 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 free access unto, and view the said respective Books of Receipts and Disbursements at all times, when the Chamberlains Office is open, without any Fee 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 Accounts, 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 Accounts, without any Fee 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 adjoining to London-Bridge, to be rebuilt upon the place it formerly stood, with Timber, for the supplying the Southside 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 enlarge a Street or Passage called Water-Lane, leading from Fleetstreet to White-Friers-Dock by the River of Thames; as also open and enlarge a Street or Passage to the said River from Cheapside through Soperlane to Thamesstreet, and from the Three-Cranes to the Thames; And open and enlarge one other Street or Passage through Mincing-Lane, Mincing-Lane. by St. Dunstan's in the East, to Thamesstreet near the Customhouse: And to make the said Streets 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 enlarging of other Streets 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 Rear 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. joists to 10 3 & 7 Inches. Garrets-floors 3 6 Scantlings of Timber for the other two sorts of Houses. For the Floors Summer or Girders which bear in length from Foot. Foot. Breadth. Inches. Depth. Inches. Thickness. Inches. Depth. Inches. 10 to 15 11 and 8 joists 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 14 3 8 Principal Discharges upon Peers In the first Story in the Fronts Inches. Inches. 13 and 12 15 13 Binding joists with their Trimming joists Thickness. Inches. 5 depth equal to their own Floors. Wall-plates, or raising Pieces and Beams Inches. Inches. 10 and 6 8 6 7 5 Lintels of Oak in the Inches. Inches. 1st & 2d story 8 & 6 3d story 5 4 For the Roof Principal Rafters from Length. Thickness. Foot. Foot. Inches. Inches. 15 to 18 at foot 9 7 at top 7 18-21 at foot 10 8 at top 8 21-24 at foot 12 8 ½ at top 9 24-26 at foot 13 9 at top 9 Purlines from Length. Foot. Foot. Inches. Inches. 15 to 18 9 8 18-21 12 9 Single Rafters Foot. Inches. Inches. not exceeding in length 9 5 4 not exceeding in length 6 4 3 ½ Scantlings for Sawed Timber and Laths, usually brought out of the West-country, not less than Breadth. Thickness. Foot. Inches. Inch. Single Quarters in length 8 3 ½ 1 ¾ Double Quarters in length 8 4 3 ½ Sawed joists in length 8 6 4 Laths in length 5 1 ¼ 1 quarter & ½ of Inch. 4 Stone. Where Stone is used, to keep to these Scantlings. First sort of Houses Inches. Corner Peers 18 square Middle or single Peers 14 and 12 Double Peers between House & House 14 and 18 Door-jambs and Heads 12 and 8 2d & 3d sorts Foot. Inches. Corner Peers 2-6— square Middle or single Peers 18— square Double Peers between House & House 24 and 18 Doors-jambs and Heads 14 and 10 Scantlings for Sewers Foot. Thickness. 3 wide Side-walls 1 brick Bottom paved plain and then 1 brick an edge circular. 5 high Arch 1 brick on end General Rules. IN every Foundation within the Ground, add one Brick in thickness to the thickness of the Wall, (as in the Scheme) next above the Foundation, to be set off in Three Courses equally on both sides. That no Timber be laid within Twelve Inches of the Foreside of the Chimney-Iambs; And that all joysts on the Back of any Chimney, be laid with a Trimmer at Six Inches distance from the Back. That no Timber be laid within the Tunnel of any Chimney, upon penalty to the Workman for every default, Ten shillings; and Ten shillings every week it continues unreformed. That no joysts or Rafters be laid at greater distances from one to the other, than Twelve Inches; and no Quarters at greater distance then Fourtéen Inches. That no joysts bear at longer length than Ten Foot; and no single Rafters at more in length then Nine Foot. That all Roofs, Window-frames and Cellar-floors be made of Oak. The Tile-pins of Oak. No Summers or Girders to lie over the Head of Doors and Windows. No Summer or Girder to lie less than Ten Inches into the Wall; no joysts then Eight Inches, and to be laid in Loame. CAP. IU. For Relief of poor Prisoners, and setting of them on Work. WHereas there is not yet any sufficient Provision made for the Relief and setting on work of poor and needy persons committed to the Common Gaol for Felony and other misdemeanours, who many times perish before their Trial; and the Poor there living idly and unemployed, become debauched, and come forth instructed in the practice of Thievery and lewdness: For remedy whereof, Be it Enacted by the Kings most Excellent Majesty, with advice and consent of the Lords Spiritual and Temporal, and Commons in this present Parliament assembled, and by Authority of the same, That the justices of the Peace of the respective Counties, How Stocks may be provided for setting the poor on work. at any their General Sessions, or the major part of them then there assembled, if they shall find it needful so to do, may provide Stock of such Materials as they find convenient for the setting poor Prisoners on work, in such manner, and by such ways as other County-charges by the Laws and Statutes of the Realm are and may be levied and raised; And to pay and provide fit persons to oversée and set such Prisoners on work; and make such Orders for Accounts of and concerning the premises as shall by them be thought needful, and for punishment of neglects and other abuses, and for bestowing of the Profit arising by the labour of the Prisoners so set on work for their Relief, which shall be duly observed; And may alter, revoke, or amend such their Orders from time to time. Provided that no Parish be rated above Sir pence by the week towards the premises, having respect to the respective values of the several Parishes. And whereas sometimes by occasion of the Plague, and otherwhiles by the great number of Prisoners, great and infectious Diseases have happened among the Prisoners, Sickness and Diseases happening among Prisoners. whereby it hath come to pass sometimes that the judges, justices and jurors have, upon occasion of their Attendance at the Trial of Prisoners, been infected, and many of them died thereof, and sometime such Infection hath spread in the Country: For some Remedy therein, Be it by the same Authority Enacted, That any Sheriff of the respective Counties, having the Custody of the Gaol, or such persons who have the Custody of the Goal, with the advice and consent of three or more justices of the Peace, whereof one to be of the Quorum, may, if they shall on inquiry or information find it needful, upon emergent occasions in the respective Counties, provide other safe places, for the removal of sick, or other persons, from and out of the ordinary and usual Gaols, the same places to be used and employed for the reception and custody of the Prisoners, to be by or according to their Order or Orders kept, ordered, disposed and conveyed to the places appointed for the Gaol-delivery, in such and like manner as such Prisoners ought to be kept, ordered, disposed and conveyed in and from the Common Gaols by the Laws and Statutes of the Land. Provided no such place be made use of for the purposes aforesaid, against the good and free will of the Owners thereof. Provided also, and be it Enacted by the Authority aforesaid, That the Mayor, Bailiff, Removing of Prisoners. and other Head-Officer, or any other person and persons, who have and hath the Custody of the Common Gaol within any Corporation of this Kingdom and Dominion of Wales, shall by and with the advice of three or more justices of Peace within the said Corporation, whereof one of them to be of the Quorum, in time of Infection, have the like power and authority for removing his and their Prisoners into some other convenient place within their jurisdiction, as to them shall seem fit, during the time of Infection; And also to raise a Stock after the same rates and proportions, as is herein before allowed to and for the several Counties within this Kingdom. Provided also, And be it further Enacted by the Authority aforesaid, as followeth, (viz.) That whereas there is already provided a strong and sufficient Message in the Parish of S. Thomas the Apostle near the City of Exon for the purpose aforesaid, Exon City. and One thousand pounds more by certain trusties upon Proposals and Agréements made by them with cetain Gentlemen, justices of the Peace for the County of Devon, Devon. who have also provided One thousand pounds more in order to purchase Lands of Inheritance for the good purposes hereafter mentioned: Be it Enacted by the Authority aforesaid, That the said Two thousand pounds be laid out in purchase of Lands of Inheritance, by Order of the General Sessions of the Peace hereafter at any time to be held, in the name of such persons as by such Order shall be appointed. Item, That the said House, with the Grounds therewith enclosed, be had and used as a Common Gaol and Workhouse for the said County, in manner as is after expressed. Item, That an Overséer be therein placed by like Order, and by like Order be removable from time to time; which Overseer shall have the charge, custody and government of the Prisoners to him committed according to this Act, and shall have Fifty pounds per annum during the execution of his Office, and Ten pounds per annum for his Deputy; but shall therefore take no fees for receiving, delivering or doing any other service relating to the Prisoners, from or of any the said Prisoners. Item, That the said justices by like Order from time to time shall and may, by approbation of the Ordinary, provide and appoint some meet and discreet Minister to read Divine Service according to the Orders of the Church of England unto the Prisoners, at least four days in the week, That is to say, on the Lord's day, each Wednesday, and each Friday and Saturday, and oftener, if the said justices shall appoint, and to take pains in instructing them each Lord's day at the least, for which they may allow him Thirty pounds per annum, or after that rate, the rest of the Profits to be for Repairing the House, and towards finding a Stock for to set the Prisoners on work. Item, That any person charged with such offence only for which Clergy is allowable, if so be he be needy and indigent, and not likely to maintain himself in Gaol, may by Warrant of the justice or justices of the Peace to whom jurisdiction in that behalf appertaineth, be committed to the said Workhouse in order to his Trial; and if any person shall be committed to the ordinary Gaol, who shall be or become so indigent, he may by Warrant of three justices of Peace, whereof one to be of the Quorum, be removed from the ordinary Common Gaol to the said House; All which Prisoners so committed or removed, shall be in the custody of the Overséer, and be ordered and demeaned in the said House, and conveyed to the Sessions, or to the Gaol-delivery, by like Warrant, way and means, as the Prisoners in other Gaols by the Laws and Statutes of this Realm are to be ordered and demeaned. And because the said Workhouse is distant from the Ordinary Common Gaol, the Prisoners by Order from the Sessions or Gaol-delivery may, in order to their Trials, be removed to the Common Gaol, to be the more ready for their Trials. Item, That the said Overséer shall give Security for the Stock, and be liable to such Regulations and Orders for Accounts and otherwise, as the Sessions shall from time to time make for setting the poor Prisoners on work there, which shall be obeyed and observed. That a convenient Stock be from time to time raised at the Charge of the County. Item, That the said justices of the County in Devon may put in ure all the powers in this Act, as other justices may in any other County by virtue thereof. Saving to the King's Majesty, His Heirs and Successors, and to every other person and persons, and their Heirs, Successors, Executors and Administrators, all Rights, Titles, Claims and Demands whatsoever, into or out of the said Messages and Premises, as if this Act had never been made. CAP. V. A former Act concerning Replevins and Avowries, to extend to the Principality of Wales and the County Palatines. 1. Car. 2. cap. 7. WHereas by an Act of Parliament, Entitled, An Act for the more speedy and effectual proceeding upon Distresses and Avowries for Rents, Provision is made where any Plaintiff shall Nonsuit before Issue joined in any Suit or Replevin, by Plaint or Writ lawfully returned, removed or depending in any of the King's Courts at Westminster: Be it Enacted by the Kings most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons in this present Parliament assembled, That the said Act, and all the Powers and Provisions thereby made for causes of Replevins depending in His Majesty's Courts of Westminster, shall be extended, and be of the same force and efficacy in all causes of Replevin, which are or shall be depending in His Majesty's Court of Common Pleas for the County Palatine of Lancaster, Lancaster. Wales. Chester. the Courts of the Great Sessions of His Majesty's Principality of Wales, the Court of Great Sessions or Assizes for the County Palatine of Chester, and the Court of Common Pleas for the County Palatine of Durham, as fully and as amply for and during the continuance of the said Act, as if the said Courts had been mentioned therein. CAP. VI A Redress of Inconveniencies by want of Proof of the Deceases of Persons beyond the Seas, or absenting themselves, upon whose Lives Estates do depend. Whereas divers Lords of Manors and others have used to grant Estates by Copy of Court-Roll for one, two, or more life or lives, according to the Custom of their several Manors; and have also granted Estates by Lease for one or more life or lives, or else for years determinable upon one or more life or lives; And it hath often happened, that such person or persons for whose life or lives such Estates have been granted, have gone beyond the Seas, or so absented themselves for many years, that the Lessors and Reversioners cannot find out whether such person or persons be alive or dead, by reason whereof such Lessors and Reversioners have been held out of possession of their Tenements for many years, after all the lives upon which such Estates depend, are dead; in regard that the Lessors and Reversioners when they have brought Actions for the recovery of their Tenements, have been put upon it to prove the death of their Tenants, when it is almost impossible for them to discover the same: For remedy of which mischief so frequently happening to such Lessors or Reversioners, Be it Enacted by the Kings most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and the Commons in this present Parliament assembled, and by the Authority of the same, Persons beyond the Seas, or absenting themselves for seven years. That if such person or persons for whose life or lives such Estates have been, or shall be granted as aforesaid, shall remain beyond the Seas, or elsewhere absent themselves in this Realm by the space of Seven years together, and no sufficient and evident proof be made of the lives of such person or persons respectively, in any Action commenced for recovery of such Tenements by the Lessors or Reversioners, in every such case the person or persons upon whose life or lives such Estate depended, shall be accounted as naturally dead; And in every Action brought for the recovery of the said Tenements by the Lessors or Reversioners, their Heirs or Assigns, The judges before whom such Action shall be brought, shall direct the jury to give their Verdict, as if the person so remaining beyond the Seas, or otherwise absenting himself, were dead. What shall be a good challenge to jurors upon trial of Lives in being. And be further Enacted, That in any such Action wherein the life or death of any such person or persons shall come in question between the Lessor or Reversioner, and the Tenant in possession, it shall and may be lawful for the Lessor or Reversioner to take exception to any of the jurors returned for the trial of that cause, that the greatest part of the real Estate of any of such jurors is held by Lease or Copy for lives, who upon proof thereof shall be set aside as in case of other legal challenges. Provided always, and be it Enacted by the Authority aforesaid, Proviso for Lands held by lives of certain Traitors attainted. That nothing in this Act contained shall extend to any Lands held by the life or lives of any person or persons attainted of Treason for the horrid murder of his late Majesty of blessed memory, who now conceal or hid themselves, which Lands are or have been vested in His Majesty, and are now granted to his Royal Highness the Duke of York, but that the course of Evidence heretofore used in such cases shall be had and used; Any thing to the contrary in this Act notwithstanding. Provided always, and be it Enacted, Proviso for persons evicted by this not being in truth dead. That if any person or persons shall be evicted out of any Lands or Tenements by virtue of this Act, and afterwards if such person or persons upon whose life or lives such Estate or Estates depend, shall return again from beyond the Seas, or shall on proof in any Action to be brought for recovery of the same, be made appear to be living, or to have been living at the time of the Eviction, That then, and from thenceforth the Tenant or Lessée, who was outed of the same, his or their Executors, Administrators or Assigns, shall or may re-enter, repossess, have, hold and enjoy the said Lands or Tenements in his or their former Estate, for and during the life or lives, or so long term as the said person or persons, upon whose life or lives the said Estate or Estates depend, shall be living; and also shall upon Action or Actions to be brought by him or them against the Lessors, Reversioners or Tenants in possession, or other persons respectively, which since the time of the said Eviction received the Profits of the said Lands or Tenements, recover for damages the full Profits of the said Lands or Tenements respectively, with lawful Interest for and from the time that he or they were outed of the said Lands or Tenements, and kept or held out of the same by the said Lessors, Reversioners, Tenants or other persons, who after the said Eviction received the Profits of the said Lands or Tenements, or any of them respectively, aswell in the case when the said person or persons, upon whose Life or Lives such Estates or Estates did depend, are or shall be dead at the time of bringing of the said Action or Actions, as if the said person or persons were then living. CAP. VII. Disturbances of Seamen and others prevented, and to preserve the Stores belonging to His Majesty's Navy Royal. WHereas divers Fightings, Quarrelings and Disturbances do often happen in about His Majesty's Offices, Yards and Stores for His Majesty's Royal Navy, 16 Car. 2. cap. 5. and frequent Differences and Disorders are occasioned in the Office of His Majesty's Treasury of the Navy on Pay-days, in London, Portsmouth, and other places of meeting for the Service of the said Navy; And that either by the unreasonable Turbulence of Seamen and others, attending on, Turbulence of Seamen. or relating to that Service, or their Creditors, or by the rudeness of the Officers entrusted with His Majesty's Stores on Land, or in His Royal Ships, when they are questioned by the Principal Officers and Commissioners of the said Navy, either for neglect or Imbezelment of His Majesty's Provisions, Ammunition, or other Equipage of the Navy under their Charge; and that not only to the disturbance of the Peace, but sometimes to the danger and hindrance of His Majesty's Service, both in point of husbanding His Majesty's Revenue, and also on the dispatch of the Ships, on which the Honour and Safety of His Majesty and Kingdom so much depends; Which inconveniencies require a speedy remedy then the ordinary attendance on the Sessions of Peace can give; the Parties Accused or Offending, being many times bound to Sea, and the Principal Officers and Commissioners for want of Authority to suppress such Insolences, and determine such Cases, being necessitated to pass by many Offences, in which His Majesty might be righted, if their necessary attendance on that important Service would permit the prosecution of the Offenders before other ordinary judicatures. Be it therefore Enacted by the Kings most Excellent Majesty, with the Advice and Consent of the Lords Spiritual and Temporal, and Commons in Parliament assembled, and by the Authority of the same, Who may examine and punish offences and disturbances committed by Seamen relating to the Navy. That the Treasurer, controller, Surveyor, Clerk of the Acts, and the Commissioners of the Navy for the time being, or any one or more of them, have power and authority to examine and punish all such person and persons whom they upon their enquiry, examination, or on view in their presence, shall find hereafter to make, or have made any Disturbance, Fight or Quarrelling in the Yards, Stores or Offices aforesaid, at Pay-days, or on other occasions relating to the Naval Services, in such manner as followeth, (That is to say) That they, or any one or more of them, may punish any the said Offences, by Fine, Imprisonment, or either of them, the Fine not exceeding Twenty shillings, and Imprisonment not exceeding one week; And have power in such cases to commit such persons to the next Gaol, or to the custody of the Messenger or Messengers for the time being attendant on them, who respectively are to receive and detain such person so offending: And that the said principal Officers and Commissioners, or the greater number of them then present, have power to discharge such Fine or Imprisonment, if they think fit; And for nonpayment of the Fine so imposed and not remitted, to Imprison the Party offending, until payment thereof; which said Fines shall be paid to the Clerk of the Chest, for the use of the maimed Seamen; And that the examination of Witnesses be upon Oath before him or them, which they, any one or more of them are accordingly empowered to Administer. And it is further by Authority aforesaid Enacted, That the said Officers and Commissioners, or any one or more of them (in cases where greater example or punishment is needful) may also bind the person or persons so offending, to their good behaviour, with or without Securities, as occasion shall be. Imbezeling of Stores and Ammunition of the Navy. And whereas divers of His Majesty's Stores and Ammunition pertaining to His Navy and Shipping, or Service thereof, are embezzled or filched away, It is by the like Authority Enacted, That the said Principal Officers and Commissioners, or any one or more of them, by Warrant under their Hands and Seals, have power in like manner to inquire and search for the same in all places, as justices of Peace may do in case of Felony, and punish the Offenders by such Fine and Imprisonment as aforesaid, and cause the Goods to be brought in again: And if the Offence be of such nature as doth require an higher and severer punishment, Then that they, any one or more of them may commit such Offender to the next Gaol, or to the custody of their Messenger or Messengers aforesaid, till he or they offending enter into Recognizance, with Surety or Sureties, according to the nature of the Offence, to appear and answer to the same in His Majesty's Court of Exchequer, or other Court where His Majesty shall question him or them for the same, within one year following, on Process duly served for that purpose on such Offender or Offenders. And it is Declared and Enacted by the Authority aforesaid, That they the said Principal Officers and Commissioners, or any one or more of them, may put in use the said Powers on the Offenders as aforesaid, in all places where they hold an Office for His Majesty, as well within Liberties as without; Any Law, Statute, Ordinance, Charter or Privilege to the contrary notwithstanding. Encouragement of Mariners and Soldiers serving in the Fleet. And for the better encouraging of such Mariners and Soldiers as now do, or shall serve His Majesty in His Fleet or Ships during this War, Be it further Enacted by the Authority aforesaid, That no Ordinary, Register or other Officer belonging to any Ecclesiastical Court, or Court of Orphans, or any jurisdiction whatsoever within the Kingdom of England, or Dominion of Wales, or Town of Berwick, shall take or receive of the Executor or Administrator, Executors or Administrators of any Mariner or Soldier dying in the pay of His Majesty's Navy during this present War, above the sum of Twelve pence for the Probate of any Will, Registering the same, granting Letters of Administration, exhibiting any Inventory, or for any other matter or thing relating thereunto; And for every default herein by wilful delay in the doing, granting, or executing the Premises, the person or persons so offending, shall forfeit to the party grieved the sum of Ten pounds, to be recovered by Action of Debt, Bill, Plaint or Information in any of His Majesty's Courts of Record at Westminster, or elsewhere, wherein no Essoign, Privilege, Protection or Wager of Law shall be allowed; Any Law or Statute, or Usage to the contrary notwithstanding. The Continuance of this Act. This Act to continue for Two years, from the First day of February, One thousand six hundred sixty and six; and from thence to the end of the next Session of Parliament. CAP. VIII. Twelve hundred fifty six thousand three hundred forty seven pounds thirteen shillings granted to the King's Majesty, towards the Maintenance of the present War. WE Your Majesty's most Dutiful and Loyal Subjects the Commons assembled in Parliament, as a further Aid and Assistance of Your Majesty during the present Wars, have given and granted, and by these presents do give and grant unto Your most Excellent Majesty the sum of Twelve hundred fifty six thousand three hundred forty seven pounds thirteen shillings, to be raised and levied in manner following: And we do most humbly beseech 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 of the Commons in this present Parliament assembled, and by the Authority of the same, That the sum of Twelve hundred fifty six thousand three hundred forty seven pounds thirteen shillings, shall be raised, levied and paid unto Your Majesty within the space of eleven Months, in manner following, that is to say; Whereas in and by a certain Act of Parliament lately passed, Entitled, 16 & 17 Car. 2. cap. 1. An Act for granting a Royal Aid unto the King's 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, It was amongst other things Enacted, That the sum of threescore and eight thousand eight hundred and nineteen pounds and nine shillings by the Month for thirty six Months, from the five and twentieth day of December, One thousand six hundred sixty four, should be assessed, taxed, collected, levied and paid by twelve quarterly payments, in the several Counties, Cities, Boroughs, Towns and places within England and Wales and the Town of Berwick upon Tweed, according to the several Rates and Proportions, and in such manner as in the said Act is expressed. And whereas also in and by one other Act of Parliament passed in the Sessions of Parliament lately held at Oxford, Entitled, 17 Car. 2. c. ●. An Act for granting the sum of Twelve hundred and fifty thousand pounds to the King's Majesty for his present further Supply; It was amongst other things further Enacted, That the sum of fifty two thousand fourscore and three pounds six shillings eight pence by the Month, for twenty four Months, beginning from the five and twentieth day of December, One thousand six hundred sixty and five, should be likewise assessed, taxed, collected, levied and paid by eight Quarterly payments, in the several Cities, Boroughs, Towns and places within England and Wales and the Town of Berwick upon Tweed, over and above the said sum of threescore and eight thousand eight hundred and nineteen pounds and nine shillings, as an addition to, and increase of the said Monthly Assessment, according to the Rates and Proportions therein expressed; Both which sums together, amount unto the sum of one hundred and twenty thousand nine hundred and two pounds fifteen shillings eight pence by the Month. And whereas also in and by one other Act of Parliament passed in the same Sessions, Entitled, An Act for Granting One Monthly Assessment to His Majesty; It was amongst other things Enacted, That the Sum of one hundred and twenty thousand nine hundred and two pounds fifteen shillings and eight pence for one Month's Assessment, beginning upon the six and twentieth day of December, One thousand six hundred sixty and seven, and ending upon the six and twentieth day of January in the same year, should be assessed, taxed, collected, levied and paid in the several Counties, Cities, Boroughs, Towns and places within England and Wales and the Town of Berwick upon Tweed, according to the rates and proportions therein expressed: It is now further Enacted by the Authority aforesaid, That the sum of one hundred and fourtéen thousand two hundred and thirteen pounds eight shillings five pence halfpenny by the Month, for eleven Months, beginning from the six and twentieth day of January One thousand six hundred sixty and seven, shall be assessed, taxed, collected, levied and paid by four payments, in the several Counties, Cities, Boroughs, Towns and places within England and Wales and the Town of Berwick upon Tweed, according to the rates, rules and proportions, and in such manner as herein hereafter is expressed: That is to say, For every of the said eleven months. FOr the County of Bedford, the sum of One thousand five hundred seventy five pounds twelve shillings six pence farthing. For the County of Berks, the sum of One thousand nine hundred eighty nine pounds four shillings nine pence three farthings. For the County of Bucks, Two thousand three hundred and ten pounds fourtéen shillings three pence. For the County of Cambridge, One thousand seven hundred ninety one pounds eighteen shillings one penny halfpenny. For the Isle of Ely, Six hundred and fourtéen pounds thirtéen shillings nine pence. For the County of Chester, One thousand three hundred thirty seven pounds five shillings five pence. For the City and County of the City of Chester, the sum of threescore and ten pounds seven shillings eight pence. For the County of Cornwall, the sum of two thousand seven hundred and seven pounds seven pence farthing. For the County of Cumberland, the sum of two hundred ninety and five pounds thirteen shillings four pence farthing. For the County of Derby, the sum of one thousand five hundred and fifteen pounds one shilling three pence three farthings. For the County of Devon, the sum of five thousand six hundred seventy four pounds five shillings eleven pence farthing. For the City and County of the City of Exon, the sum of two hundred and four pounds eight shillings six pence halfpenny. For the County of Dorset, the sum of two thousand three hundred sixty two pounds two pence halfpenny. For the Town and County of Pool, the sum of nineteen pounds five shillings eleven pence farthing. For the County of Durham, the sum of five hundred sixty eight pounds eighteen shillings two pence farthing. For the County of York with the City and County of the City of York, and Town and County of Kingston upon Hull, the sum of six thousand ninety four pounds thirtéen shillings nine pence three farthings. For the County of Essex, the sum of five thousand four hundred forty three pounds four shillings eleven pence three farthings. For the County of Gloucester, the sum of three thousand one hundred seventy seven pounds two shillings nine pence farthing. For the City and the County of the City of Gloucester, the sum of threescore and nine pounds four shillings three pence farthing. For the County of Hereford, the sum of one thousand nine hundred eighty eight pounds one shilling five pence three farthings. For the County of Hertford, the sum of two thousand three hundred sixty four pounds five shillings eight pence halfpenny. For the County of Huntingdon, the sum of one thousand one hundred and thirteen pounds five shillings six pence. For the County of Kent with the City and County of the City of Canterbury, the sum of five thousand eight hundred forty four pounds thirteen shillings two pence halfpenny. For the County of Lancaster, the sum of one thousand seven hundred sixty eight pounds nine shillings ten pence halfpenny. For the County of Leicester, the sum of one thousand nine hundred and five pounds eleven shillings nine pence three farthings. For the County of Lincoln with the City and County of the City of Lincoln, the sum of four thousand five hundred twenty three pounds seventeen shillings two pence farthing. For the City of London with the Liberties of St. martin's le Grand, the sum of two thousand two hundred fifty five pounds ten shillings and two pence. For the County of Middlesex with the City and Liberty of Westminster, the sum of three thousand nine hundred thirty six pounds ten pence. For the County of Monmouth, the sum of six hundred eighty five pounds two shillings nine pence three farthings. For the County of Northampton, the sum of two thousand four hundred eighty three pounds eighteen shillings three pence farthing. For the County of Nottingham with the Town and County of the Town of Nottingham, the sum of one thousand five hundred thirty four pounds seven shillings two pence halfpenny. For the County of Norfolk, the sum of five thousand nine hundred twenty one pounds seven shillings four pence farthing. For the City and County of the City of Norwich, the sum of three hundred and sixteen pounds four shillings four pence farthing. For the County of Northumberland with the Town of Newcastle and Berwick upon Tweed, the sum of six hundred fifty four pounds seventéen shillings eleven pence farthing. The County of Oxon, the sum of one thousand nine hundred ninety four pounds seventeen shillings four pence farthing. The County of Rutland, the sum of four hundred twenty two pounds eight shillings one penny farthing. The County of Salop, the sum of two thousand one hundred and fourteen pounds twelve shillings eight pence farthing. The County of Stafford, the sum of one thousand four hundred ninety seven pounds fifteen shillings nine pence halfpenny. The City and County of the City of Litchfield, the sum of twenty two pounds sixtéen shillings nine pence farthing. The County of Somerset, the sum of four thousand eight hundred sixty eight pounds eighteen shillings ten pence three farthings. The City and County of the City of Bristol, the sum of three hundred and fifty pounds six shillings six pence farthing. The County of Southampton with the Town and County of Southampton and Isle of Wight, the lum of three thousand eight hundred forty six pounds six shillings seven pence. The County of Suffolk, the sum of five thousand seven hundred ninety four pounds fifteen shillings three pence farthing. The County of Surrey with the Borough of Southwark, the sum of two thousand eight hundred and five pounds eleven shillings six pence halfpenny. The County of Sussex, the sum of three thousand one hundred ninety nine pounds fifteen shillings one penny three farthings. The County of Warwick, with the City and County of the City of Coventry, the sum of two thousand and ninety four pounds fifteen shillings and eleven pence. The County of Worcester, the sum of one thousand eight hundred fifty one pounds ten shillings and ten pence. The City and County of the City of Worcester, the sum of ninety seven pounds nine shillings and three farthings. The County of Wilts, the sum of three thousand four hundred fifty five pounds seven shillings one penny halfpenny. The County of Westmoreland, the sum of two hundred and three pounds fifteen shillings eight pence halfpenny. The Isle of Anglesey, the sum of two hundred and twenty pounds fifteen shillings and ten pence. The County of Brecknock, the sum of four hundred ninety six pounds six shillings six pence. The County of Cardigan, the sum of one hundred eighty five pounds sixteen shillings and eleven pence three farthings. The County of Carmarthen, the sum of four hundred and seventy eight pounds ten shillings three pence halfpenny. The County of Carnarvan, the sum of two hundred fifty seven pounds eleven shillings three farthings. The County of Denbigh, the sum of three hundred ninety two pounds thirteen shillings eight pence halfpenny. The County of Flint, the sum of two hundred and eight pounds sixteen shillings three pence three farthings. The County of Glamorgan, the sum of six hundred and sixty five pounds fourteen shillings one penny three farthings. The County of Merioneth, the sum of one hundred seventy seven pounds one shilling nine pence three farthings. The County of Mountgomery, the sum of four hundred eighty five pounds eighteen shillings eight pence. The County of Pembroke, the sum of five hundred seventy three pounds eleven shillings seven pence three farthings. The County of Radnor, the sum of three hundred and six pounds five shillings two pence three farthings. The Town of Haverford-West, the sum of twenty six pounds and thirteen shillings. And be it further Enacted by the Authority aforesaid, That all and every the persons who are nominated in and by the said first recited Act, and in and by an Act passed this present Session of Parliament, Entitled, An Act for Raising Money by a Poll, and otherwise, 18 Car. 1. c. ●. towards the Maintenance of the present War, to be Commissioners of and for the several and respective Counties, Cities, Boroughs, Towns and Places therein, or in either of them mentioned, shall likewise be so, and so are hereby appointed to be Commissioners for execution of this present Act, within the several and respective Counties, Cities, Boroughs, Towns and Places for which they were nominated in the aforesaid Acts or either of them, and shall have and execute the like power and authority, rules and directions touching the better Assessing, Collecting, Levying, Receiving and Paying the said one hundred and fourteen thousand two hundred and thirteen pounds thirteen shillings halfpenny by the month, during the said eleven months, as in and by the said first mentioned Act were given to the said Commissioners, touching the better Assessing, Collecting, Receiving and paying the threescore and eight thousand eight hundred and nineteen pounds nine shillings by the month, payable as aforesaid: And all and every person or persons who shall be liable unto, or any ways concerned or employed in the Assessing, Collecting, Levying, Receiving or paying any of the moneys by this Act imposed, shall have like benefit, advantages, allowances and discharges, and shall be subject to like penalties and forfeitures in case of any neglect or refusal to pay their respective Assessments, or to perform their respective Duties, as any other person or persons liable unto, or concerned or employed in the assessing, collecting, levying, receiving or paying any of the moneys by the said former Acts imposed, aught to have or be subject unto, as fully and amply as if the same Clauses, matters and things had been in this Act particularly repeated and Enacted. To the end that the said eleven Monthly Assessments granted by virtue of this present Act, may be duly answered and paid in as aforesaid; Be it further Enacted, That the several Commissioners shall meet together at the most usual and common place of meeting as in the said first recited Act is directed, The meeting of the Commissioners. on or before the second Tuesday in February, which shall be in the year of our Lord one thousand six hundred sixty seven, to put this Act in execution according to the best of their judgements and discretions; and shall then, if they see cause, sub-divide as well themselves as others, as by the said Act is further directed concerning the said former Assessment: And further, That they meet at least three weeks before each payment of the said several Assessments, for the purposes aforesaid. And that the said payments of one hundred and fourteen thousand two hundred and thirteen pounds eight shillings and five pence halfpenny by the Month, shall be assessed, collected, levied and paid to the Receiver of the several Counties appointed, or that shall be appointed by his Majesty, and by them answered and paid into his Majesty's Exchequer on the days and times hereafter mentioned and expressed; Be it Enacted by the Authority aforesaid, That the sum of two hundred twenty eight thousand four hundred twenty six pounds sixteen shillings and eleven pence, being the first payment for the first two Months of the aforesaid eleven Months hereby imposed, shall be assessed, collected, levied and paid in to the said Receiver-General of the said several Counties, who shall be appointed by his Majesty, and who are hereby required to transmit or cause the same to be paid into his Majesty's Receipt of his Exchequer, on or before the first day of May in the year of our Lord one thousand six hundred sixty and eight. And the sum of three hundred forty two thousand six hundred and forty pounds five shillings four pence halfpenny, being the second payment of the said eleven Months, on or before the first day of August in the year of our Lord one thousand six hundred sixty and eight. And the sum of three hundred forty two thousand six hundred and forty pounds five shillings four pence halfpenny, being the third payment of the said eleven Months, on or before the first day of November in the year of our Lord one thousand six hundred sixty and eight. And the sum of three hundred forty two thousand six hundred and forty pounds five shillings four pence halfpenny, being the fourth and last payment of the said eleven Months, on or before the first day of February in the year of our Lord one thousand six hundred sixty and eight. Moneys lent upon this Act secured. And to the intent that all moneys to be lent to your Majesty, and the moneys that shall be due upon such contracts for Wares, Ships, Goods or Victuals, or other necessaries, which shall be delivered for your Majesty's Service upon the Credit of this Act, by any person or persons, native or foreigner, Bodies Politic or Corporate, may be well and sufficiently secured out of the Moneys arising and payable thereby; Be it further Enacted by the Authority aforesaid, That there shall be provided and kept in your Majesty's 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 entered and registered 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 under-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 virtue 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 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 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 Months, 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 fee, charge or delay; And that all Orders for repayment of moneys lent, shall be Registered in course according to the date of the Tallies respectively, and that all Orders signed by the Lord Treasurer and under-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 Registered 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 entered 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 entered 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 entered 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 entered 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 virtue of this Act, and he or they that shall have his or their Warrants or Orders, Warrant or Order next entered, 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, 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 Majesty's 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 Majesty's Navy and Ordnance as aforesaid, by any of your Majesty's Officer or Officers, their Deputies or Clerks, on pain of payment of triple damages to the party grieved by the party offending, with costs of Suit; And if the Officer himself take or demand any such Fee or Reward, then to lose his place also; And if any undue preference of one before another shall be made either in point of Registering contrary to the true meaning of this Act, by any such Officer or Officers, than 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, than 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 Bells 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 Registered; 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 Bells 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 virtue of this Act, after Warrant or Order entered for payment thereof, his Executors, Administrators or Assigns, by Endorsement 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 registered 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 months of the eleven month's Assessment granted by this Act for the Salaries and Wages of such Officers, Seamen, Mariners and Soldiers as are or shall be employed aboard your Majesty's Navy for this present Winter, beginning at the first day of January one thousand six hundred sixty six, and aboard your Majesty's 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 registered as aforesaid in manner and form following: (that is to say) When Orders shall be first registered for one hundred thousand pounds for the Service of the War, to be paid out of the money arising upon the said ten months in course, as is by this Act directed and prescribed; That then, and immediately after, one or more Orders shall be registered 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 employed for the paying of the Wages of Officers, Mariners, Seamen and Soldiers as is above mentioned. And when Orders shall be registered for one hundred thousand pounds more for the Service of the War, upon the said ten months; then and immediately after, one or more Orders shall be registered 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 registered for one hundred thousand pounds more for the Service of the War, then and immediately after, one or more Orders shall be registered 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 registered, 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 Registering and paying in course. And it is hereby further Enacted, That if the Treasurer of the Navy do divert or employ 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 Soldiers as shall be employed aboard your Majesty's 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 triple the value of the money diverted or employed contrary to the intent and meaning hereof, to be recovered in any of his Majesty's Courts at Westminster, by Action of Debt, Bill, Plaint or Information, wherein no Essoin, Protection, Wager of Law, Aid Prayer, Privilege, Injunction or Order of Restraint shall be in any wise granted or allowed, nor any more than one Imparlance: One moiety whereof to be to such person as shall sue for the same, and the other moiety 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, Entitled, An Act for granting the sum of Twelve hundred and fifty thousand pounds to the King's Majesty for his present further Supply, towards the paying in course the several sums of money registered 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 month 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 Majesty's Navy, for himself, his Deputies and Clerks, shall receive and retain only the sum of one penny in the pound and no more: And the Lieutenant or Treasurer of his Majesty's Ordnance, for himself and his Clerk, shall likewise receive and retain only one penny 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 virtue 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 Majesty's Courts of Record, by Action of Debt, Bill, Plaint or other Information, wherein no Essoin, Protection, Wager of Law, Aid Prayer, Privilege, Injunction or Order of restraint shall be in any wise prayed, granted or allowed, nor any more than one Imparlance. And be it Enacted by the Authority aforesaid, That where any money shall by virtue 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 days after such Assessment, That then the Commissioners for such places shall make Certificate thereof unto the Barons of the Exchequer, who shall cause such Proceed 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 virtue 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 Majesty's 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 Majesty's Officers of the Exchequer. And be it further Enacted by the Authority aforesaid, That no Letters Patents granted by the King's 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, Privileges 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 burden 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. Account and Accomptants. 1 ALL Moneys and Goods for which any persons are accountable not pardoned by the Act of Oblivion, are Vested in the King, 13 Car. 2. 3. See Excise and Collectors. 2. Accounts of Sheriffs, 14 Car. 2. 21. Administrators. 1 Administrators de bonis non etc. may sue Executions upon Judgement obtained by the Testator, 17 Car. 2. 8. 2 Administrators and Executors of Seamen shall pay but 12 d. for their Administration. 19 C r. 2. 7. Advowsons'. See Rectories. Alehouses. 1 Foreigners as well as Inhabitants may not tipple in Alehouses, Inns, Taverns, nor Victualling-houses, 1 Car. 1. 4. 2 The penalty and punishment of any that keep an Alehouse, or sell Beer, Cider, or Perry without Licence, 2 Car. 1. 3. Alienation. 1 How persons may be eased in pleading Licences of Alienation, 1 C●r. 1. 3. Aliens. See Merchants. Anniversary. 1 A perpetual Anniversary Thanksgiving on the 29th day of May for his Majesty's 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 Utlaga●, Attachments upon Rescous, Contempt, and upon Privilege Excepted. Ibidem. Attainder. 1 The Attainder of several persons for the Murder 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. Bonelace, 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 only. 1● 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, Cardwire, 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. Cattles. 1 The Penalty for Importing Foreign at certain times of the year, 15 Car. 2. 7. 2 Proviso for Importing from the Isle of Man, ibid. 3 Penalty upon Butchers that shall sell live fat , 15 Car. 2. 8. 4 may not be Imported from Ireland, or other Parts beyond the Seas; nor Fish taken by Foreiners. 1● Car. 2. 2. See N●san●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. Cloth. 1 A Corporation erected, and how Woollen Cloth 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 only may be permitted to keep them about London, 13 Car. 2. 2. Stat. 3. Coals. 1 The Regulation of the measures and prices of Coals, and how the same shall be set, 17 Car. 2. 2. Collectors. 1 What Collectors be accomptants to the King, 13 Car. 2. 3. 2 All persons employed in Collecting or gathering public moneys by virtue of any Act of Parliament being sued, may plead the general Issue. 14 Car. 2. 17. See Excise. Conventicles. 1 How Seditious Conventicles shall be suppressed, and the several penalties for the same, 16 Car. 2. 4. Corporation. 1 Who only may be chosen Officers in Corporations, 13 Car. 2. 1. 2 Non-Conformists restrained from inhabiting Corporations, 17 Car. 2. 2. 3 How Churches and Chapels in Corporations may be United, 17 Car. 2. 2. Corn. 1 The Duty and Customs payable upon Corn, and when Corn may be transported, 3 Car. 1. 4. 2 The King by Proclamation may restrain transportation of Corn, 3 Car. 1. 4. 3 How and when Corn may be Exported or Imported, and what Custom to be paid for the same, 15 Car. 2. 7. Cornwall. See Leases. Covent-Garden. 1 The Precincts thereof made Parochial, 12 Car. 2. 37. PR. Coinage of money. 1 Encouragement for bringing Gold and Silver into the Mint to be Coined, 18 Car. 2. 5. Customs. See Tonnage and Poundage, Subsidies. 1 The penalties upon such as shall convey away any Goods without entry and agreement for the Customs, 12 Car. 2. 19 2 Frauds and abuses in his Majesty's Customs prevented, 14 Car. 2. 11. 3 The penalty for beating or abusing Officers of the Customs. Ibid. Damage Clear. 1 DAmage Clear shall not be taken after the 29. Sept. which shall be in the year 1671. 17 Car. 2. 6. Death. 1 The death of Plaintiff or Defendant after Verdict, shall not be Error in nor stay of Judgement, 17 Car. 2. 8. 2 See Burials. Dear. 1 The penalty for unlawful hunting or killing of Deer in any Forest, Park or Chase, 13 Car. 2. 10. Delays. 1 Delays in Suits by not giving a Declaration before the end of the next Term after appearance, 13 Car. 2. 2. Stat. 2. 2 Delays by reason of the Teste or return of the Writ remedied, Ibidem. 3 Delays occasioned by staying Execution by Supersedeas in Writs of Error remedied. ibid. 4 Delays by Arrest of Judgement for Jeofails, and superseding Executions, remedied, 17 Car. 2. 8. Distresses. 1 A more speedy and effectual proceeding upon Distresses and Avowries for Rents, 19 Car. 2. 5. Dover- Harbour. 1 Certain sums of money granted for Repairing of D●●er Harbour, 14 Car. 2. 27. Drapery. See Cloth, Manufacture. Duchy of Lancaster. 1 The Chancellor of the Duchy empowered to grant Commissions for taking Affidavits within the Duchy Liberty, 16 and 17 Car. 2. 9 2 Of Cornwall, see Leases. See Lancaster. Ecclesiastical matters, persons and Jurisdictions. 1 THe high Commission Court taken away and a branch of the Stat. of 1 Eliz. concerning the same repealed. 17 Car. 1. 11. 2 No new Court with the like power may be Erected. Ibid. 3 Certain Ministers confirmed and others restored. 12 Car. 2. cap. 17. 4 Persons in holy orders enabled to exercise Temporal Jurisdiction 13 Car. 2. 2. 5 None may Solicit or procure any petition, etc. for altering any Established law in Church or State. 13 Car. 2. 5. 6 The ordinary power of Arch-Bishops and Bishops etc. in matters Ecclesiastical 13 Car. 2. 12. 7 Uniformity of Common Prayer, Administration of Sacraments and Consecrating and Ordaining Bishops, Priests and Deacons Established. 14 Car. 2. 4. Error 1 Abatement of Writs of Error in the Exchequer Chamber remedied. 16 Car. 2. 2. 2 In what actions only execution may be stayed by Writ of Error. 13 Car. 2. 2. Stat. 2. See Delays, where Execution shall not be Superseded but upon Entering Bail. 16 and 17 Car. 2. 8. Estates 1 How such as claim Estates for others Lives must prove the Lives in being. 19 Car. 2. 6. Excise 1 Certain impositions upon Beer, Ale, and other Liquors granted to His Majesty for the Increase of His Revenue for His Majesty's life. 12 Car. 2. cap. 13. 2 How the same shall be collected levied and accounted for Ibid. 3 See wards and Wardships. 4 All money owing upon Excise and new impost vested in the King. 13 Car. 2, 13. 5 The manner, ordering and collecting the duty of Excise and prevention of abuses therein. 15 Car. 2. 9 6 In what cases Sureties shall be answerable for the duty of Excise. 15 Car. 2. 12. 7 Additional powers given to Farmers for collecting the Excise 16 and 17 Car. 2. 4. 8 Farmers of the Excise have like power as Commissioners of the Excise. Ibid. Executors. See Administrators. Extents and Executions. 1 Delays in Extending Statutes and in Executions of Judgements, and Recognizances, remedied. 16 and 17. Car. 2. 5. 2 See Delays. Fens. 1 The great Level of the Fens, called Bedford Level, how to be bounded and drained, and the several Officers, interests, and concernments there. 15 Car. 2. 17. 2 The draining of the Fens called Deeping Fens and other Fens 16 and 17 Car. 2. 11. Fines. 1 Fines recoveries etc. Confirmed. 12 Car. 2. 12. Fishing. 1 How and what times Fishing for Pilchards and Fumathoes in Cornwall and Devon. 14 Car. 2. 28. 2 See . 3 Encouragement of Fisheries. 15 Car. 2. 7. 4 Certain Duties to be paid upon Salted and dried Fish. 15 Car. 2. 7. 5 The Regulation of Herring and other Fisheries. 15 Car. 2. 16. 6 The manner of Vessels for and packing of Fish, Island, Westmony, Newfound Land, Greenland, etc. ibid. Forests. 1 What shall be the meats and bounds of Forests. 17 Car. 1. 16. 2 No place where no Justice Seat, Swainmote, Court of attatchment etc. hath been within 20 years shall be accounted Forest Ibid. 3 Tenants and owners of Lands excluded shall enjoy their Common and profits as formerly Ibid. 4 The penalty for unlawful hunting and killing of Deer. 13 Car. 2 10. Fuller's Earth. See Wool etc. Gaming. THe penalty for deceitful and disorderly Gaming, 16 Car. 2. 7. Guardians. 1 Parents may appoint Guardians to their Children by their last Will and Testament, 12 Car. 2. 14. Gunpowder. 1 The mischief, by prohibiting importation of Gunpowder, 17 Car. 1. 21. 2 Any person may import Gunpowder or Salt-Peter, from Foreign Parts, or freely make Gunpowder in this Realm, 17 Car. 1. 21. 3 T●e penalty for putting in Execution any Letters Patents, Proclamation, etc. for restraint of Importing Gunpowder, Brimstone, Salt-peter, etc. ibid. 4 The King by Proclamation may prohibit transporting of Gunpowder, 12 Car. 2. 4. HAbeas Corpus. See Privy Council. Hearth-money. 1 Every Firehearth and Stove charged with the yearly payment of 2 s. to the King for ever, 14 Car. 2. 10. 2 The manner of charging, levying, and accounting for the same, ibid. 3 Additional powers for better ordering and collecting the same. 15 Car. 2. 13 4 Hearth-money to be collected by Officers appointed by the King, 16 Car. 2. 3. High-Commission Court, See Ecclesiastical Matters, Persons and Jurisdictions. Highways. 1 How the Highways, Street-Paving and Sewers about London and Westminster, shall be repaired and kept, and several Streets enlarged, 13 Car. 2. 2. Stat. 3. 2 The repairing and enlarging Highways throughout the Kingdom, 14 Car. 2. 6. How the Highways in the Counties of Hertford, Cambridge and Huntingdon shall be repaired, 15 Car. 2. 1. 16 & 17 Car. 2. 10. Hospitals. See Leases. Hunting. See Forest and Deer. JEo●ailes. See Delays. Indemnity. See Pardon. Ireland. 1 Several Statutes for Reducing the Rebels in Ireland, 17 Car. 1. 33. etc. EXP. Judgement. See Execution. Delays, Error. Judicial proceed. 1 Which Process & Judicial proceed in the late times be made good, and which not, 12 Car. 2. 3. 12 Car. 2. 12. Jurors. 1 Of what ability in Lands Jurors for trial of Issues shall be, 16 & 17 Car. 2. 3. 2 No party-Jurors in trials for Customs due upon Merchandise, 14 Car. 2.11. 3 Challenges of Jurors who are Lessees for lives, ibid. 4 Issues lost by Jurors shall not be saved but by Order of the Judge, 16 & 17 Car. 2. 3. See Lancaster. King. WHat Rates Innkeepers shall take for provisions for the King's Retinne in his Progress, 13 Car. 2. 8. 2 See Carriages. Knighthood. 1 None shall be compelled to take the Order of Knighthood, 17 Car. 1. 20. 2 The King's Person and Government preserved against Treason and Seditious persons, 13 Car. 2. 1. See Treason. Lancaster. 1 HOw Jurymen shall be summoned in the Duchy of Lancaster, 16 & 17 Car. 2. 3. See Duchy. Leases. 1 What Leases to be made by the King of the Duchy Lands in Cornwall, shall be good and confirmed. 1 Car. 1. 2. 2 Leases and Grants from Colleges and Hospitals confirmed, 12 Car. 2. 31. 3 Leases made by the Master of the Rolls shall be good. 12 Car. 2. 36. 4 Leases by the King of Lands and Tenements of the Duchy of Cornwall confirmed and made good, 13 Car. 2. 4. Stat. 2. See Estates. Leather. 1 The Exportation of Leather and Raw Hides out of England restrained, 14 Car. 2. 7. 2 Exportation of Leather declared a Common Nuisance, ibid. 3 Leather used within London or 3. miles, shall be searched and allowed by the Wardens of the Curriers, ibid. Liberties. 1 Petition and Declaration of divers Liberties of the People, called the Petition of Right, 3 Car. 1. London. 1. Lights shall be hanged forth by the Inhabitants in the Streets in Winter, 14 Car. 2. 2. 2. A judicature erected for hearing and determining all differences touching Houses burned and demolished in the Fire there, 19 Car. 2. 2. 3. Rules setting forth the order and form to be observed in the Street, and re-building of the City of London, 19 Car. 2. 3. Madder. 1 THe Statute for importing Madder, pure and unmixed, repealed, 15 Car. 2. 16. Manufactures. 1 Importing of Foreign Bonelace, Cutwork, embroidery, Fringe, Bandstrings, Buttons and Needlework prohibited, 14 Car. 2. 13. 2 The Silkthrowers London incorporated by Patent, and the making of the manufacture regulated, 14 Car. 2. 5. 3 The manufacture of making Linen Cloth and Tapestry encouraged, 15 Car. 2. 5. Marriages. 1 The confirmation of divers Marriages, and how issues upon such Marriages shall be joined and tried, 12 Car. 2. 33. Mariners and Seamen. See Ships and shipping. Muket. See Clerk of the Market. Master of the Rolls. See Leases. Measures. See Weights. Merchants and Merchandise. 1 Merchants strangers shall be well entreated, 12 Car. 2. 4. 2 No Tax may be imposed upon Merchandise, but by authority of Parliament, ibid. 3. Aliens may not exercise the Trade of Merchants or Factors in Asia, Africa or America, 12 Car. 2. 8. 4 Encouragement of Merchants and Trade, 14 Car. 2. 23. 5 Additional matters concerning policies of assurance amongst Merchants, 14 Car. 2. 23. 6 Aliens Infants may not be Merchants, 14 Car. 2. 11. See Ships and shipping. Militia. See Soldiers. Minister. 1 Certain Ministers confirmed, and others restored to their Benefices, 12 Car. 2. 17. Money. 1 The penalty for melting currant Silver money, 14 Car. 2. 31. 2 How Foreign Coin and Bullion may be exported, 15 Car. 2. 7. 3 Silver-plate or Gold brought to the Mint, may be coined gratis. See Coinage. Mos. Troopers. See Scotland. NAvy and Navigation. See Ships and Shipping. Norwich Stuffs. 1. The making Stuffs in Norfolk and Norwish regulated, 14 Car. 2. 5. Nuisances. 1 Nuisances in Highways to be removed, 14 Car. 2. 6. 2 Transporting of Leather and Raw-hides declared a common Nuisance, 18 Car. 2. 1. 3 Importation of out of Ireland declared a common Nuisance, 14 Car. 2. 7. Oath. THe Oath Ex officio taken away, 17 Car. 1. 11. and 13 Car. 2. 12. 2 Certain penalties upon persons refusing to take a lawful oath, 13 Car. 2. 1. stat. 3. See Quakers. See Duchy. Orders and Ordinances of Parliament. See Parliament. Pardon. 1 THe King's most gracious free and general Pardon, indemnity and oblivion, 12 Car. 2. 11. 2 All moneys and goods received in late usurpation not pardoned, vested in the King, 13 Car. 2. 3. 3 The pains and forfeitures upon divers offenders excepted in the act of general pardon, 13 Car. 2. cap. 15. 4 The penalties upon Accomptants to the King not pardoned by the Act of Oblivion, who shall not proceed and perfect their Accounts within a certain time, 14 Car. 2. 16. Parliament. 1 The Parliament begun 3 Nou. 16 Car. 1. declared to be dissolved and the penalty upon persons that shall hold or declare the contrary. 12 Car. 2. 1. 2 Orders or ordinances of one or both houses of Parliament how not binding without the King. 13 Car. 2. 1. 3 Privileges of debates in Parliament for repeal or alteration of Laws or redress of public greivances. 13 Car. 2. 1. 4 Parliaments shall be held once in three years at the least. 16 Car. 2. 1. 5 The Parliament of 12 Car. 2. confirmed, 12 Car. 2. 1. Petition. 1 The Petition of Right, 3 Car. 1. 2 See Ecclesiastical, etc. Num. 5. 3 None may make unlawful Assemblies upon pretence of petitioning the King or Parliament to alter the Law, etc. 13 Car. 2. 5. Pilchard Fishing. See Fishing. Plague. See Prisoners. Poor. 1 The occasion of the increase of Poor, and for their better relief, 14 Car. 2. 12. 2 A Workhouse at Exeter for relief of the poor there, 19 Car. 2. 19 3 Poor Officers and Soldiers relieved, 14 Car. 2. 9 Poll-Money. 1 Poll-money, according to several Dignities and Degrees, granted to His Majesty, 18 Car. 2. 1. 19 Car. 2. 6. Policies of Assurances. See Merchants. Ports. See Dover. Post-Office. 1 A Post-Office erected for carriage, and the several Prices of Letter from Inland and foreign places, 12 Car. 2. 35. 2 The penalty upon Post-masters and Officers neglecting or not doing their Duties, ibid. 3 The profits of the Post-Office settled upon his Royal Highness the Duke of York in tail, 15 Car. 2. 14. Poundage. See Tonnage. Printing. See Books. prize-good. 1 Direction for prosecution of such as are accountable for prize-good, 14 Car. 2. 14. 16 & 17 Car. 2. 6. Prisoners. 1 How stocks shall be provided for relief and setting prisoners on Work, 19 Car. 2. 4. 2 How to be removed in time of Plague, 19 Car. 2. 9● Privy Council. 1 The Privy Council regulated, and Court of Star-Chamber taken away, 17 Car. 1. 10. 2. May not examine or determine of the Lands, Tenements or Goods of any Subject of this Kingdom, but the same aught to be by the ordinary course of the Law, 17 Car. 2. 10. 3. How persons committed by the Privy Council may have their Habeas Corpus, ibid. Process and Judicial Proceed. 1. What Process, Writs, Pleas and other judicial Proceed shall be continued and proceeded upon, 12 Car. 2. 3. 2. What proceed in Law shall not be avoided for defects, faults or alterations of Styles or Forms, 12 Car. 2. 12. See Judicial Proceed. Purveyance. 1. Preemption and Purveyance taken away, 12 Car. 2.24. See Carriages. Quakers. 1 The penalty upon certain persons called Quakers refusing to take a lawful Oath. 13 Car. 2. 1 Stat. 3. Recoveries. 1 Common Recoveries Confirmed 12 Car. 2. 12. See Judicial proceed. Rectories and Advowsons' taken from certain persons upon pretended delinquencies in the late troubles restored to the right owners. 14 Car. 2. 25. Recusants. 1 The penalty of sending or being sent to any Popish University or School beyond Seas 3 Car. 1. 2. Replevins See Distresses. Rivers. 1 The River of Avon to be made Navigable from Christ-Church to the City of new Sarum. 16 and 17 Car. 2. 12. Riots and unlawful assemblies. See Petition. Sabbath. 1. ASsemblies and unlawful Pastimes upon the Lordsday forbidden, 1 Car. 1. 1. 2. Carriers, Waggoners, Brewers, shall not travel upon the Lordsday called Sunday, 3 Car. 1. 1. 3. Butcher's shall not ●ell or kill Meat upon the Lordsday, 3 Car. 1.1. 4. A restraint of divers other Abuses committed on the Lordsday, 3 Car. 1. 1. Saltpetre. See Gunpowder. Scotland. 1. The prevention and punishment of Thefts and Rapines by Moss Troopers upon the borders of England and Scotland, 14 Car. 2. 22. Scrivener. See Usury. Sea-coals. See Coals. Sewers. 1. A supply of the Statute of H. 8. for present nominating Commissioners of the Sewers, 12 Car. 2. 6. Sheep. See Wool, etc. Sheriffs. 1. Sheriff may not keep Tables at the Assizes for others than their own Family and Retinue, nor make any Present or Gift to any Judges of Assize, 14 Car. 2. 21. 2. How Sheriffs shall be eased in passing their Accounts in the Exchequer, 14 Car. 2. 21. 3. Shall not answer illeviable Seizures, Farms, Rents, etc. Ibidem. Ships and Shipping. 1. From what foreign parts Goods may be imported only in English Ships, 12 Car. 2. 18. 2. No Goods to be laded or carried out of England in the the Vessels of any other not Denizened, 12 Car. 2. 18. 3. Encouragement of the Shipping and Trading by the English into their Plantations of Asia, Africa and America, 12 Car. 2. 18. 15 Car. 2. 7. 4. Articles and Orders for better government of his Majesty's Navies, Ships of War, and Forces by Sea, 13 Car. 2. 9 5. How provision of carriage by Land and Water shall be made for the use of the Navy and Ordnance, 14 Car. 2. 20. 6. The Penalty for imbezelling of Stores and Ammunition belonging to his Majesty's Navy-Royal, 16 Car. 2. 5. 19 Car. 2. 7. 7. Who may punish Disturbances by Seamen and others relating to the Navy-Royal, 16 Car. 2. 5. 19 Car. 2. 7. 8. The penalty for delivering up English Merchant-ships to Turks or Pirates, 16 Car. 2. 6. 9 Builders of new Ships encouraged, 14 Car. 2. 11. Ship-money. 1. Certain proceed touching Ship-money declared illegal, and the Records thereof made void, 17 Car. 1. 4. Silk and Silkthrowers. See Manufactures. Soldiers and Seamen. 1. Such Soldiers as were instrumental in his Majesty's Restauration, may exercise Trades, 12 Car. 2. 16. Such as deserted the King's Service, or refuse to take the Oath of Allegiance, excepted, Ibid. 2. The Militia and ordering and disposing of the Forces and Soldiers by Sea and Land, declared to be only in the King, 13 Car. ●. 6. 14 Car. ●. 3. See Ships and Shipping. 3. How the Forces in the several Counties of this Kingdom shall be ordered, 14 Car. 2. 3. 15 Car. 2. 4. 4. Relief of poor and maimed Soldiers who faithfully served his Majesty and his Royal Father in the late Wars, 14 Car. 2. 9 Stannaries. 1. Certain Inchroachments and Oppressions in the Stannary Court redressed, 17 Car. 1. 15. Star-Chamber. 1. The Court of Star-chamber taken away, 17 Car. 1.10. 2. All matters examinable in Star-chamber, may be examined and redressed by the Common Law, 17 Car. 1.10. 3. No Court or Council to be erected, may have the like Jurisdiction, 17 Car. 1. 10. Statutes. 1. All Acts that are upon continuance shall remain in force till otherwise ordered by Parliament, 17 Car. 1. 4. 2. A Repeal of some and continuance of divers other Statutes, 3 Car. 1. 4. 3. Divers public Acts made, 12 Car. 2. confirmed 13 Car. 2. 7. and cap. 11. & 14. Statute-staple. See Extent. Stuffs. 1. The regulating of making of Stuffs in Norfolk and Norwich. See Norwich. Subsidy. 1. A Subsidy and Royal Aid granted to his Majesty by a Monthly Assessment leviable in three years, 16 & 17 Car. 2. 1. 2. A further supply, 17 Car. 2. 1. 3. One Month's Assessment granted to the King for his Royal Highness the Duke of York, 17 Car. 2. 9 4. See Excise. Tonnage and Poundage. Hearth-money. Poll-money. Benevolence. 5. A further supply by a Monthly Assessment granted to his Majesty for eleven Months, 19 Car. 2. 8. Suits. See Arrests and Delays. Tapestry, See Manufactures. Ter●. 1 Michaelmas Term abbreviated, and the manner of Continuances and Returns of Writs, 17 Car. 1. 6. Tobacco. 1 The planting, setting, or sowing of Tobacco in England, prohibited under several penalties, 12 Car. 2. 34. 2 Certain further penalties for planting Tobacco in England, 15 Car. 2. 7. Treason. 1 What shall be adjudged Treason during his Majesty's life, 13 Car. 2. 1. 2 Offences disabling persons to bear any Office during the King's life, 13 Car. 2. 1. 3 Offences which incur a Praemunire, ibid. See Attainder. Tumults. See Petitions and Riots. Tonnage and Poundage. 1 The Causes and Trusts upon granting Tonnage and Poundage for defending the Seas. 12 Car. 2. 4. 2 To be paid according to the Book of Rates agreed by the Commons House of Parliament for ascertaining the same, ibid. 3 What Fees the Custom-Officers may take, ibid. 4 Prisage of Wines not to pay the said Duty, ibid. 5 The penalty for committing frauds and abuses about the Customs, 14 Car. 2. 11. Vestry. 1 HOw Vestry-men shall be Elected, and the Oath they are to take, 15 Car. 2. 5. Uniting of Parishes. See Corporations. Usury. 1 The penalty upon him that shall take above Six in the Hundred for the Loan of One hundred pounds for a year, 12 Car. 2. 13. 2 The forfeiture of a Scrivener that shall take excessive Brocage. Ibid. Uniformity. See Ecclesiastical Matters, etc. Wales. 1 Jurymen in Wales must be worth 8 l. per annum, 16 & 17 Car. 2. 3. 2. The Statute concerning Replevins and Avowries upon Distresses shall extend to Wales, 19 Car. 2. 5. Wards and Wardships. 1 The Court of Wards and Liveries and Tenors in Capite, and Knight's Service, and Purveyance taken away, 12 Car. 2. cap. 24. And the Imposition upon Ale and Beer and other Liquors granted to the King his Heirs and Successors, ibid. Weavers. 1 Linen Weavers may set up the Trade in any places where they please, 15 Car. 2. 15. Weights and Measures. 1 There shall be but one Weight and Measure throughout the Kingdom, 17 Car. 1. 19 Wines. 1 The King may issue Commission to licence the uttering of Wines by Retail, 12 Car. 2.25. 2 The Agents for granting Wine-Licences may grant them not exceeding 21 years if the person so long live, upon Rent reserved, but no Fine to be taken. ibid. 3 How and by whom the prices of Wines shall be set, 12 Car. 2. 25. 4 The Power of granting Wine-Licences settled upon the Duke of York in tail, 15 Car. 2. 14. Wood 1 The penalty for unlawful cutting, spoiling and stealing of Wood and Under-wood, young Timber, Trees, Poles, etc. 15 Car. 2. 2. Wool, Woolf ls, etc. 1 The Exportation of Wool, Woollfels, Fuller's Earth, or any kind of scouring prohibited under several penalties, 12 Car. 2. 32. 2 Exporting of Sheep, Wool, Woolfels, Mortlings, Shorelings, Yarn of Wool, Wooll-Flocks, Fuller's Earth, Fulling Clay, Tobacco-Pipe clay, prohibited upon certain penalties, 14 Car. 2. 18. 3 Importing of Foreign Wooll-Cards, Cardwire and Iron-wire prohibited, 14 Car. 2. 19 Yarn. See Wool, etc. FINIS.