CAP. I.

St. 17 Car. 1. cap. 7. St. 13 Car. 2. cap. 1. The Parlia­ment begun 3 Nov. 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 Pro­céeding of this present Parliament; Be it Declared and Enacted, and it is Declared and Enacted by the King our Soveraign 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 Kings 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 béen Summoned by Writ or Writs in his Majesties Name, according to the usual Form, and as if His Majesty had béen present in person at the Assembling and Commencement of this present Parliament: Provided alwayes, That this Parliament may be dissolved by his Majesty after the usual manner, as if the same had béen summoned by Writ or Writs in his Majesties Name:The Kings assent to this Act shall not determine this Session. Provided also, and it is hereby Enacted, That His Majesties 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.

WHereas the four first Returns of Easter Term, in the year One thousand six hundred sixty, of late called, from Easter day in fiftéen dayes, from Easter day in thrée wéeks, from Easter day in one Moneth, and from Easter day in five wéeks, 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, &c. shall not be dis­continued for not holding certain dayes 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 dayes in any of the said Courts, in or at the said several Returns or any of them, or at any other day or dayes certain after any of the said Returns, shall be in any wise discontinued, or put without day, for or by reason of the not kéeping or holding of the said Returns, or dayes, 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 dayes, and every of them, had béen actually kept and holden in all and every the said Courts; Any Law, Statute, Custome, or Vsage to the contrary thereof in any wise notwith­standing.

The said Writs, Pro­cess, Pleas, &c. 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 [Page 27] of the said Returns, or any day or dayes certain after any of the said Returns, Be and are here­by continued and adjourned, unto, (and shall and may be Pleaded, Returned, Heard, 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 dayes gi­ven them at any of the said four first Returns, or at any other day or dayes certain, after any of the said Returns in the said Courts, or any of them, by vertue 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, kéep 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 proceedings may be then had thereupon, as should have béen had, in case the said four first Returns had béen kept and holden.

And be it further Enacted by the Authority aforesaid, That no Writs, Process, Plaints,Process, Writs, Pleas, &c. under cer­tain titles and names, may be prosecuted and proceeded upon. Pleas, Informations, Indictments, or Iudicial proceedings, 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, Stile, Title, or Test of Custodes Libertatis Angliae Authoritate Parliamenti; or, in the Name, Stile, Title, or Test of The Keepers of the Liberty of England by Authority of Parliament; or in the Name, Stile, Title, or Test of Oliver Lord Protector of the Commonwealth of England, Scot­land, and Ireland, and the Dominions thereunto belonging; or in the Name, Stile, 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, Stile, 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 Majesties most just re-assumption of the actual Exercise of his Kingly Government in this Kingdom; nor shall the same be cause of Errour, Abatement, or Discontinuance, but that all such Writs, Process, Plaints, Pleas, Informations, Indictments, and Iudicial Procéedings, 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 procéeded upon, prosecuted, and returned, notwithstanding the same were commen­ced or prosecuted in English, and notwithstanding the present happy Change and Restitution of his Majesties Name and Stile in Iudicial Procéedings.

And be it further Enacted by the authority aforesaid,Process and proceedings in English in Courts of Iustice to continue. EXP. That one pretended Act made in the year of our Lord, 1650. entituled, An Act for turning the Books of the Law, and all Process and Pro­ceedings in Courts of Justice, into English, shall stand and be in force, as if the same had béen a good and effectual Act, from the first Return of Easter Term, in the year of our Lord 1651. un­till 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. entituled, 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 lawfull to and for any person or persons, Defendant or Tenant, for or by reason of any matter to be pleaded, set forth, or alledged in Bar to any Action Real, Personal, or mixt, 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 Iury 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 béen specially pleaded, set forth, or alledged 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 béen a good and effectual Act of Parliament,EXP. and no longer.

Provided alwayes, That where the General Issue hath béen 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 Tryal 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 béen and continued a good and effectual Act of Parliament not determined or disconti­nued.

Provided also, That his Majesties Royal assent to the passing of this Bill, shall not extend,His Maje­sties Assent to this Bill doth not determine the Session. All Writs, Patents. Commissions &c. to issue in the Kings 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 Iustices 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, [Page 28] Honours, or Offices, do or may issue in the Kings Majesties 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. IV.

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 intend the disturbance of Your said Commons, in the intercourse of Trade, and the inva­ding of this Your Realm, For the better defraying the necessary Expences 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 Soveraign,A Subsidy of Tonnage granted to the King. one subsidy, called Tonnage, That is to say, Of every Ton 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 Merchan­dize, 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 Ton of the like Wine, which shall be brought into all, and every the other Ports and places of this Kingdome, and the Dominions thereof, by way of Mer­chandize, by Your Naturall Born Subjects, the sum of Thrée 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 Swéet 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 Fourty five shillings of currant English money, and so after that Rate, And by Strangers and Aliens Thrée 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 Merchandize, 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 Merchandize of every Merchant,A subsidy of poundage. Natural Born Subject, Denizen, and Alien, to be carryed out of this Realm, or any your Majesties Dominions to the same be­longing, or to be brought into the same by way of Merchandize, 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 Soveraign, 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 excéeding twenty eight yards in length, and thréescore and four pounds in weight, the sum of thrée 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 thrée 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 [Page 29] 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 Majesties Reign, for and during your Majesties 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 Merchandize, 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 Majesties Dominions, by way of Merchandize, and unshipped to be laid on Land, the Subsidy, Customes, and other duties due or to be due for the same not paid, or lawfully tendred to the Collector thereof, or his Deputy, with the consent and agréement of the Comptroller and Surveyor there, or one of them at the least, nor agréed with for the same in the Custome-house, 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 moyety of the rate thereof to your Majesty, and the other moyety to him or them that will seize the same, or sue for the same; And that it may please Your Majesty,Merchants strangers shall be well intrea­ted. That all Mer­chants, aswell Denizens, as Strangers, coming into this Your Realm, be well and honestly in­treated 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 Merchandize,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 béen, or at any time hereafter during Your Majesties life, shall be taken by any Enemies or Py­rates upon the Sea, or perished in any Ship or Ships, that shall happen to be taken or perished, during Your Majesties Life, whereof the Subsidies and other Duties aforesaid, are, or shall be duly paid, or agréed 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, then the same Merchant or Merchants, his, or their Executors or Administrators, shall or may newly ship, in the same Port where the goods and Merchandize aforesaid were, or shall be Cu­stomed, so much other Merchandize or Goods, as the same goods or Merchandize are, or shall be lost as aforesaid, shall amount unto in custome, 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 Gal­lies. and certified unto the Collectors of the Customes of the Port where the same Wares or Merchandizes are to be new­ly shipped without Custome, as aforesaid. And further, That every Merchant-Denizen who shall hereafter Ship any Goods or Merchandize in any Carrack or Gally, shall pay to your Ma­jesty all manner of Customs, and all the subsidies aforesaid, as any Alien born out of the Realm.

Provided alwayes, that it shall and may be lawfull 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 Harbor of this Realm, to any place out of your Majesties Dominions, without paying any Custome, Subsidy or Poun­dage-moneys for the same Herrings, or other Fish so carried or transported during your Majesties life, any thing herein before contained to the contrary notwithstanding.

And because no rates can be Imposed upon Merchandize,No rates to be imposed on Merchandize 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 intituled, The Rates of Merchandize, That is to say, the Subsidy of Tonnage, the Subsidy of Poundage, and the Subsidy of Woollen cloths, or old Draperies, as they are rated and agréed 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 Majesties Reign, during his Maje­sties Life, and subscribed with the hand of Sir Harbottle Grimston Baronet, Speaker of the House of Commons; Which said Book of Rates composed and agréed on by Your Majesties said Com­mons, and also every Article, rule and clause therein contained, shall be and remain during Your Majesties 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 Custome Offi­cers. where the Goods Exported or Imported, amount to the value of five pounds or more, the Customers and Collectors, and all other his Majesties Officers in the several Ports, shall take and receive such Fées, and no other, as were taken in the Fourth year of the late King James, until such time as the said Fées shall be otherwise setled by Authority of Parliament.

Provided alwayes, That no Person or Persons, who after the Four and twentieth of June, A Proviso for such as paid be­fore the 24. Iu­ly 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 Customes, according to the Rates used in April One thousand six hundred and sixty, shall be molested, or any way Impeached, for [Page 30] 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 then such as were used to be paid in the said moneth of April, One thousand six hundred and sixty.

Goods which may be expor­ted imme­diately after the passing this Act.Provided alwayes, 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 Kingdome, or out of any Port thereof, by way of Merchandize, any of these Commodities, Goods, and Merchandizes following; That is to say, Iron, Armour, Bandeléers, Bridle-Bitts, Halbert 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 Wooll, and all sorts of Manufactures made of Leather, paying the respective Rates appointed by this Act, and no other, any Law, Statutes, Prohibitions, and Customes 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 Merchandize, these several sorts of Goods following, that is to say, Gun-powder, when the same doth not excéed the price of five pounds the Barrel. And Wheat, Rye, Pease, Beans, Barley, Mault and Oats, Béef, Pork, Bacon, Butter, Chéese, Candles, when the same do not excéed in price at the Ports from whence they are Laden, and at the time of their Lading, these prises following: That is to say, Wheat the Quarter, Forty shillings; Rye, Beans and Pease, the Quarter, Twenty four shillings; Barley and Mault, 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; Chéese, 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 Custome to the contrary in any wise notwithstanding.

His Majesty by Proclama­tion may pro­hibit tran­sporting Gun-powder, 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 alwayes, That it shall be frée and lawful for his Majesty, at any time when he shall sée cause so to do, and for such time as shall be therein expressed by Proclamation, to prohibit the Transporting of Gun-powder, or any sort of Arms or Ammunition, into any parts out of this Kingdome: 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 Ton of Wine of the Growth of France, Germany, Portugal, or Madera, brought into the Port of London, or elsewhere, the sum of thrée pounds of currant English money, within the space of Nine moneths after the Importing: And of every Ton 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 moneths after their Importation, then 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 fréed and discharged, of and from the Imposition of Excise.

Prisage wines not to pay any custome or subsidy.Provided, and it is hereby Declared and Enacted, That the prisage of Wines, or prise-Wines, ought not to pay Tonnage nor Custome, and shall not be charged with the payment of any Cu­stome, 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 untill 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 Marquess 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 Entituled, 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 Kings 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 Indemp­nity. that have for many years past béen in this Kingdom, and that divers of His Subjects are by occasion thereof, and otherwise, faln 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 be­twéen 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 Iudgment, 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 Séeds 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, Murthers, Felonies, Offences, Crimes, Contempts and Misdemeanors, 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 then the persons hereafter by name ex­cepted, in such manner as they are hereafter excepted, by vertue 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 vertue 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 Kéepers of the Liberty of England, by Authority of Parliament, Or by vertue 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, Indempnified, 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, Indempnified, and discharged from the same: And of and from all pains of Death, and other Pains, Iudgments, Indictments, Convictions, Attainders, Outlawries, Penalties, Escheats and Forfeitures, therefore had or given, or that might accrew for the same: And that all such Iudgments, 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 Politick 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 [Page 32] 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 Majesties Dominions, or relating thereunto, and Iudgments 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 accompt 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 vertue or colour of any Authority or Commission granted by His late Majesty, or his Majesty that now is, or by vertue 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 kéepers 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 béen paid, received or disposed by vertue or colour of any the Authorities or pretended Authorities aforesaid, other then 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 Majesties 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 Majesties 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, Lathes, Rapes, Wapentakes, Towns, Villages, Hamlets and Tythings, 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, Indempnified and Discharged against the Kings 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, Misdemeanors, Forfeitures, penalties and sums of Money, Intrusions, Mean profits, Ward­ships, Marriages, Reliefs, Liveries, Ouster le mains, Mean Rates, Respits of Homage, Fines and Seisures for Alienation without License, Arrearages of Rents, (other then the Arrearages of Rents due from the late Farmers, or pretended Farmers of of the Excise or Customs respectively, other then 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, Iudgments 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 Lathes, 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 Kings 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 Frée Pardon, Indempnity 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, Indempnity, and Ob­livion, should have béen, if all Offices, Contempt, Forfeitures, Causes, Matters, Suits, Quar­rels, Iudgments, Executions, Penalties, and all other things, not hereafter in this present Act Excepted and Foreprized, had béen particularly, singularly, especially and plainly named, rehear­sed, and specified, and also pardoned by proper and express Words and Names, in their Kinds, Natures and Qualities, by Words and Terms thereunto requisite to have béen put in and expres­sed in this present Act of Frée Pardon, Indempnity 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 Kings Majesty, his Heirs or Successors, in their Bodies, Goods, Chattels, Lands or Tenements, for any manner of Matter, Cause, Contempt, Misdemea­nor, 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, [Page 33] or His Majesty that now is, His Crown, Dignity, Prerogative, Laws or Statutes, but onely 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 Vsages 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 Frée Pardon, for his or their Discharge, of or for any thing that is by vertue of this present Act Pardoned, Discharged, Given or Granted, without any Fée, or other thing, paying to any person or persons for wriiing or entry of the Iudgements or other cause concerning such Plea, Writing, or Entry, but onely sixtéen pence to be paid to the Officer or Clerk that shall enter such Plea, Matter or Iudgement for the Parties Discharge in that behalf, any Law, Statute, Vsage or Custom to the contrary notwithstanding.

And furthermore, the Kings Majesty is contented and pleased, that it be Enacted,This Par­don, &c. to be expounded in all Courts most beneficial for the Sub­ject. and be it Enacted by the authority aforesaid, That this His said Frée Pardon, Indemntty and Oblivion, by the general Words, Clauses and Sentences, before rehearsed, shall be reputed, déemed, 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 alleadged by the King our Soveraign 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 Soveraign Lord,The Penal­ty of any Of­ficer, &c. 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 vertue of this Act of Frée Pardon. Or if any Sheriff or Escheator, or any of their Deputy or Deputies, or any Bayliff, 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 recompence thereof to the party so grieved or offended thereby, his or their treble damages, besides all costs of the Suit; and shall also forfeit and lose to the Kings 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 Frée Pardon, Indemnity and Oblivion, shall be utterly void and of none effect.

Except and alwayes foreprized out of this Frée and General Pardon,Exceptions out of his Pardon. All Murder not comprised in the first. clause of this Pardon excep­ted. Pyracy excep­ted. Buggery. Rapes and wilful taking away any Maid excep­ted. all Murders done or committed by any person or persons, other then such which are pardoned and discharged in the first clause of pardon above mentioned; And also excepted and alwayes foreprized out of this General and Frée 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 Of­fendors, 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 agréement 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. Accompts 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, Inchant­ments, 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 accompts 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 then the Sub-collectors of the several Parishes, Towns, and Hamlets respectively, for and concerning their Receipts before the four and twentieth day of Iune, 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-Goods, 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, Quéen, or Prince, or King that now is, or belonging unto the late Arch-Bishopricks, Bishopricks, [Page 34] Deans: or Deans and Chapters, Canons, Prebends, and other Officers belonging to any Cathe­dral or Collegiate Church, or Popish Recusants convict, or of persons Sequestred for their Recu­sancy, or other Sequestred Estates received or collected by, or paid unto them since the thirtieth of January, in the year of our Lord One thousand six hundred fourty two; and of all Monies 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 Accomptant within this Exception now deceased, shall not be charged with, nor lyable unto any accompt for the matters in this Exception mentioned: Except for such sum or sums of Money as remain due upon any of their accompts already Stated, and Determined, and are not yet paid in, and that no Accomptant as abovesaid, now living, shall be liable to make accompt of any sum or sums of Money, paid or disbursed, or otherwise allowed or discharged, by vertue 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 Cromwel, pretended Protector, or of Richard his Son, while he continued, or was stiled, 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 publick Coun­cil, though having no legal authority so to do, or by their or any their Order or Orders, or Di­rection.

Fees and Salaries, &c. not to be ac­compted 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 Fées, Salaries, and Wages then allowed, or for Moneys by him disbursed upon any publick 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 accomp­ted for.

And be it further provided, That no Military, or commissioned Officer of the Armies, or Na­vies, or Souldier, or Marriner, 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 Souldiers, or for any other Contingencies of the Souldiers, or Garrisons under his command, or by way of reward, shall be called to accompt therefore.No person to be called to an accompt after the 24 of Iune 1662.

And that no person whatsoever shall be called to accompt for any the matters in this Exception mentioned, after the four and twentieth day of Iune, 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 ac­comptable for any Moneys received since the first of Ianuary, one thousand six hundred forty two, and before the thirtieth of Ianuary, one thousand six hundred forty eight, have béen-robb'd, or plundered by Souldiers, 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 accompt. And that the Oath of every Accomptant in or betwéen the years, one thousand six hundred forty two, and one thousand six hundred forty eight of what they have paid to any publick use, by, or accor­ding to any publick or pretended Order or Authority whatsoever, shall be a good discharge, as to so much of the accompt 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. Accompts of the Reven­ues of Churches in Wales. Bribery, Subornation, Forging De­bentures, &c. Witnesses. as in the last Exception is expressed.

Provided, That all and every Iudgment of Discharge, or Quietus est, had, or given at any time upon any accompt in the publick Exchequer, since the year One thousand six hundred forty eight, be allowed, and shall not be avoided; except all accompts of the Revenues of Churches and Vicaridges in Wales, and the County of Monmouth, and all Iudgments 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 Déeds, Debentures, Bills of publick 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 purloy­ning the Kings goods.

And also excepted all offences in detaining, imbezeling, or purloining any the Goods, Money, Chattels, or Iewels of the late King, Quéen, or Prince, or any of the Children of the late King and Quéen, other then Shipping, Stores, and Ammunitions of War, and other then such Goods and Chattels as have béen 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 publick Duties being Levied, Received, or Collected by any Sheriff, Vnder-Sheriff, Bayliff, Minister, or other Officer, to, or for the use of the late King, the Parliament, or the said Kéepers of the Liberty of England, or any other person stiling himself Protector, or for his Majesty that now is, and not accompted for, and discharged.

Iesuites, Seminary, and Romish Priests excep­ted.And also excepted out of this Pardon, all and every offence and offences committed or done by any Iesuit, 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 Quéen Elizabeth, Entituled, [Page 35] An Act against Jesuits, Seminaries, Priests, and other disobedient persons, or of any part thereof, and all out-lawries, procéedings, Iudgments, and executions for the same offences, or any of them.

Provided alwayes, 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 law­full, 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 out-lawed, 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 out-lawed,The party out-lawed may sue one a scire fac as against the Plaintiff. shal sue a Writ of Scire facias against the party or parties at whose Suit he or they were so out-lawed, before this pardon in that behalf shall be allowed him or them so out-law­ed.

Provided, and be it Enacted by the authority aforesaid; That this Act of general pardon shall not in any wise extend to pardon any Out-lawries upon any Writ of Capias ad Satisfaciendum un­till such time as the party so out-lawed shall satisfie,Persons out-lawed upon capias ad sa­tisfaciendum, &c. or otherwise agrée with the party at whose suit the same person was so out-lawed or condemned.

And also excepted out of this pardon, all informations and other procéedings depending, concerning any common Highwayes or Bridges, and all issues returned upon any process, con­cerning the same, since the Thirtieth day of January, Informations and procee­dings concer­ning high-waies, &c ex­cepted. One thousand six hundred forty eight Except also all Recognizances, Obligations, and other securities given or entred into, Since the five and twentieth of March, One thousand six hundred and forty, by any Receiver, Réeve, Bayliffe, Col­lector or other accountant in the Court of the publick Exchequer, and their sureties and their ac­ounts respectively.

Provided alwayes, 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, &c. be­tween the King and his Parliament to be put in per­petual obli­vion. whether betwéen the late King and the Lords and Commons then in Parliament assembled, or betwéen any of the People of this Nation, which did arise upon any Action, Attempt, Assistance, Counsell or Advice, having Relation unto, or falling out by reason of the troubles, or in the late Wars, or publick differences betwéen the late King and Parliament, or betwéen 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 Honor of His Majesty, or upon the Honor 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 Degrée, Civil or Criminal, the In [...]ury is supposed to be; And that no mention be made thereof in time to come, in Iudgment, or in Iudicial procéedings.

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 Thrée years next ensuing, shall presume maliciously to call or alledge 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 Degrée of a Gentleman or above, Ten pounds; and if under that Degrée, The sum of forty shillings; to be recovered by the party grieved, by Action of Debt, to be therefore brought in any of His Majesties Courts of Record, wherein no Essoin, protection, or Wager of Law shall be allowed, or any more then one Imparlance, so as the same Action be commenced, or prosecuted within six Moneths next after the Offence Com­mitted: And if the Iury sworn to try any Issue or Issues that shall be joyned 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 alwayes, 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, en­tituled, An Act for the speedy and effectual Reducing of the Rebels in His Majesties 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 politick or corporate, (other then the Marquess of Ormond Lord Steward of his Majesties Houshold, 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 Stile 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; [Page 36] 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 béen fully and well pleaded; And in such manner, as any Iustice of the peace, Constable, or other Officer, questioned for mat­ters acted by them as Officers, or in execution of their Offices, may have advantage of the mat­ter of their Iustification, upon the General Issue by them pleaded, by the Laws and Statutes of this Kingdom.

Thefts and Felonies since the fourth of March 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, Cattel, or other Goods, which by a certain Act, or pretended Act lately made, intituled An Act for Repeal of two Acts for Sequestrations, are required to be restored to those from whom they were taken; Nor shall this present Act be construed to Disable, or Bar the respective Owners, or Proprietors, of, and from their several and respective Actions, or Suits at Law, or in equity, for, or by reason of the said, or any other Rents, Moneys, Horses, Cattle, or Goods which since the five and twentieth day of Iuly, one thousand six hundred fifty and nine, have béen by any person or persons wrongfully received, or taken away, and for which the said Wrong-doers, are not in any wise Indempnified by the said, or any other Act of Re­peal.

Goods, &c. sequestred and actually paid in to any publicks Treasury.And be it further Enacted by the authority aforesaid, That no person or persons, who by ver­tue of any Order or Warrant, mediately or immediately derived from his late Majesty, or His Majesty that now is, or by vertue of any Act, Ordinance, or Order of any or both Houses of Parlia­ment, or any of the authorities aforesaid, or any Committée or Committées, acting under them or any of them, have seized, sequestred, levied, advanced, or paid to any publick use, or into any publick Treasury within this Kingdom, any Goods, Chattels, Debts, Rents, sum or sums of money belonging to any person or persons whatsoever, shal hereafter be sued, molested, or drawn into question for the same, but that they and every of them shall be discharged against all persons, for so much and no more of the said Goods, Chattels, Debts, Rents, sum or sums of money, as their several and respective Orders of discharge or acquittances extend unto.

Persons who have re­ceived money privately for his Majesties supply to ac­compt.Provided also, That nothing herein contained shall extend to discharge any person or persons, who have béen by private order or Instructions imployed and intrusted, or have undertaken the imployment to receive any sum or sums of money for the Kings Majesties Service or Supply, since the year one thousand six hundred forty and eight, from making their accompts for the same.

Provided also, That this Act shall not extend to pardon or discharge from accompts to the Kings Majesty, any person or persons, for any sum or sums of money received for that Illegal Tax of Decimation,Moneys re­ceived upon Decimation not pardo­ned. or upon the accompt of any Militia setled or acted in, since one thousand six hun­dred forty and eight, and not accompted for or paid over, or discharged to, or by any that had autho­rity, or pretended authority to discharge the respective Receivers of the same.

Provided also, That if any person or persons, being His Majesties Menial Servant or Ser­vants, or having, or pretended to have received particular Instructions or Directions from his Majesty, have, during the time of such his or their relation unto his Majesty, or whilst he or they were acting, or pretending to Act for His Majesties Interest, in pursuance of the said In­structions, or directions, Wilfully, Maliciously, and Trayterously held Intelligence with any forreign Prince or Princes,Persons that have had Directions or Instruction from his Ma­jestie and have betrayed their trust, or his Majesties Councels, excepted. State or States, or with any person or persons, usurping Supreme authority in this Kingdom, or other his Majesties Dominions, or with their or either of their Ministers or Agents, and without his Majesties license, and to the intent to betray His Maje­sties person or Councels; or have received any sum or sums of money, or pension for such Trea­chery, that then such person or persons, as to the offence in this proviso mentioned, shall be, and is hereby excepted out of this Act, any thing herein contained to the contrary notwithstanding; so as such person or persons be out-lawed, or otherwise legally convicted of such offence or offences, within the space of two years from the five and twentieth day of April, one thousand six hundred and sixty.

Duties upon Excise and from Farmers thereof excep­ted.Provided, That this Act of General Pardon, of any thing therein contained, shall not ex­tend to the pardoning or discharging of any Debts or Sums of money due to or for the Excise of any Goods or Merchandize, whereof any Entries have béen made in the Custom-house, which have grown due since the twenty fifth day of March, one thousand six hundred fifty and eight, or to the pardoning or discharging of any Debts or Sums of money due to the Farmers, or preten­ded Farmers of Excise, since the twenty fifth day of March, one thousand six hundred fifty and seven.

Persons ex­cepted by nameProvided 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

[Page 37] Valentine Wauton, Tho. Harrison, Edward Whalley Wil. Heveningham, Isaac Penington, Henry Martin, John Barkstead, Gilbert Millington, Edmund Ludlow, Sir Michael Livesey, Robert Titchbourn, Owen Row, Robert Lilburn, Adrian Scroop, John Okey, John Hewson, William Goffe, Cornelius Holland, Thomas Challoner, John Carew, John Jones, Miles Corbet, Henry Smith, Gregory Clement, Thomas Wogan, Edmond Harvey, Thomas Scot, William Cawley, John Downs, Nicholas Love, Vincent Potter, Augustine Garland, John Dixwel, George Fleetwood, Simon Meyn, James Temple, Peter Temple, Daniel Blagrave, Thomas Wait, John Cook, Andrew Broughton, Edward Dendy, William Hewlet, Hugh Peters, Francis Hacker, Daniel Axtel, nor any of them, nor of those two persons, or either of them, who being disguised by Frocks and Vizors did appear upon the Scaf­fold, erected before Whitehal upon the thirtieth of Ianuary, 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 procéeded against as Traytors 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 rendred 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 ren­dred themselves (according to the Proclamation bearing Date the sixth day of Iune, one thousand six hundred and sixty, to Summon the persons therein named, who gave Iudgement and Assisted in the said Horrid and Detestable Murther 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 Murther 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 Cromwel 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 rendring them­selves not ex­cepted. St. 13 Car. 2. ca. 15. Goods, Chattels, Rights, Trusts, and other the Hereditaments late of the said O. Cromwel, 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, Humphry 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 Challoner, 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 Trayterous Assembly, which in the moneth of Ianuary, one thousand six hundred forty eight, Acted and procéeded 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 onely 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 alwayes, 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 alwayes, That this Act, or any thing therein contained,Sir Henry Vane. Iohn 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 [Page 39] Dean, Major Richard Creed, Philip Nye Clerk, John Goodwyn 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 publique 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 béen totally excepted by name in this Act.

Persons that gave Sen­tence upon any in the illegal High Courts of Iustice.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 Iustice 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 in­trusted by Or­dinance 1649. about Tithes shall be ac­comptable. 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, setled, ad­judged, or déemed 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 accompt for, and be responsible for all Rents and Profits of the premisses which came to their hands, and have not béen by the said Trustées or their Order disbursed, disposed, or imployed for the maintenance of Ministers, or other uses, according to the said pretended Act or Ordinance, or some other Act, Order, or Or­dinance, made in the year of our Lord, one thousand six hundred fifty, one thousand six hundred fifty four, and one thousand six hundred fifty six, by any assembly, called, or reputed a Parlia­ment, or assuming the power of a Parliament, according to the intention of such Act, Acts, or Ordinances: And the Agents and Receivers under the Order of the said Trustées, and the Oc­cupiers and Tenants of the Premisses, who have taken the premisses or profits thereof into their hands, without agréement to pay Rent therefore, and have made no accompt or satisfa­ction to the Trustes aforesaid, or to some other by their Order, and also the persons who have held the same, or taken the profits thereof, under any agréement to pay Rent or Money for the same, and have not paid the same, shall respectively accompt, pay and make satisfaction for so much of the premisses, and profits of the premisses, as are unsatisfied or unaccounted for as a­foresaid, and pay such Arrearages of Rents or Money, as by such agréement remaineth unpaid by them: all which payments and accompts shall be made to such persons, and in such manner as in Parliament shall be directed. Nevertheless, it is not hereby intended, that any Minister, School­master, or other person, for whose benefit and maintenance the said pretended Acts or Ordinances were made, shall be accomptable or lyable to make satisfaction for any Profits, Rents, or Sums of money paid to, or taken by them respectively, by vertue or colour of any Order or Appointment of the said Trustées, or any of them, or otherwise.

Bonds taken in his Majes­ties name be­fore May 1642. for secu­rities of any his Majesties Receivers (not pardoned, &c.)Provided also, That this Act do not extend to pardon any Bond, taken in his late Majesties Name, before the month of May, one thousand six hundred forty two, for securing the proper Debt of any Servant or Receiver of the Revenue of his said late Majesty, that hath not béen paid to, or by order of some Lawful or Pretended authority. And whereas by an Order of the Six and twen­tieth day of May, in the year One thausand six hundred forty one, the then House of Commons in Parliament did accept the sum of One hundred and fifty thousand pounds, as a Composition from the Farmers of several Customs voted to be illegally taken, and some of the said Farmers did procure and pay the said whole sum of One hundred and fifty thousand pounds, at the desire of the said House of Commons, and upon their Declaration, That such of the said Farmers as did not pay their Proportions, should not be pardoned, but proceeded against; and out of their Fines satisfaction should be made to those who had paid the said One hundred and fifty thousand pounds, and in pursuance thereof, did on the First of June then next following Resolve, That the Estates of such persons, living or dead, as have by colour of any Patent received monies from the Subject, under pretence of such Customs, or have béen under-Sharers with the Patentées, ought to be made liable to restitution.

Payments up­on proportions of 150000 l. upon the cus­tomes.It is therefore Provided, That this Act shall not extend, nor be construed to extend to Par­don or Indempnifie any person or persons, their Heirs, Executors, Administrators or Assigns, who have not paid their Proportions of the said One hundred and fifty thousand pounds, or ought to have béen contributory thereunto, from, or against misdemeanors or offences relating to the said Customes, or from payment of their Proportions: But that the Estates of the dead, as well as of the living, of such who ought to have béen contributory, in whose possession soever (Purchasers Bona fide, and upon valuable Considerations only excepted) shall Conti­nue and be charged, and chargeable with the payment of their Proportions, to all intents and purposes as if this Act had not béen made, any thing herein contained to the contrary notwith­standing.

Provided also, That this Act, or any thing therein contained, shall not extend, or be con­strued [Page 39] to pardon or discharge any sum or sums of money due, and Arrear for Excise of Béer, Ale,Arrears of Ex­cise upon Beer and Ale. or other Native or Inland Commodity, since the twenty fourth day of June, One thousand six hundred fifty and nine.

Provided also, That nothing in this Act contained shall extend to the pardoning,Monies due for free quar­ter. or discharging of any sum or sums of money due from any Officers, or Souldiers, to any of the Subjects of this Kingdom, for frée-quarter, since the second day of July, One thousand six hundred fifty and nine, or to discharge any monies borrowed by any Officers, for preventing of frée-quarter.

Provided alwayes, And be it Enacted by the Authority aforesaid, That no Conveyance,Purchasers bona fide of Lands, other then the Kings, &c. to enjoy their purchases. Assu­rance, Grant, Bargain, Sale, Charge, Lease, Assignment of Lease, Grants and Surrenders by Copy of Court-Roll, Estate, Interest, Trust or Limitation of any Vse or Vses of any Manors, Lands, Tenements or Hereditaments, not being the Lands nor Hereditaments of the late King, Quéen, Prince, or of any Archbishops, Bishops, Deans, Deans or Chapters, nor being Lands or Hereditaments, sold or given, or appointed to be sold or given, for the Delinquency, or pretended delinquency of any person or persons whatsoever, by vertue or pretext of any Act, Order or Ordi­nance, or reputed Act, Order or Ordinance, since the first day of January, One thousand six hun­dred forty and one; Nor any Statute, Iudgment, or Recognizance, had, made, acknowledged, or suffered to any person or persons, Bodies Politick, or Corporate, before the Nine and twentieth day of September, One thousand six hundred fifty and Nine, By any of the persons before in this Act by name excepted, or their Heirs, or by any other person or persons claiming, by, from, or under them, or any of them, other then the Wife or Wifes, child, children, heir, and heirs of such per­son and persons, or any of them, for money bona fide to them, or any of them, paid or lent, nor any conveyance, assurance, grant, or estate, made before the Five and twentieth day of April, One thousand six hundred and sixty, By any person or persons, to any such person excepted by Name, as aforesaid, in trust and for the benefit of any other person or persons, Bodies Politick, or Cor­porate, not excepted by name, as aforesaid, shall be impeached, defeated, made void, or frustrated hereby, or by the attainder, or conviction of any such excepted person or persons, but that the same shall be held and enjoyed by the Purchasers, Grantées, Lessées, Assigns, Cestuy que use, Cestuy que trust, and every of them, their Heirs, Executors, Administrators and Assigns respectively, as if this Act had not béen made, and as if the said person or persons had not béen excepted, attainted or convicted, Any Law, Statute, Vsage, or Custome to the contrary thereof in any wise notwith­standing.

Provided alwayes, That this Act, nor any thing therein contained,Fabric [...] Lands, Church Goods and Vtensils. shall not extend to In­dempnifie any person or persons whatsoever, who have entred into any Messuage, Lands, Tene­ments and Hereditaments, called Fabrick Lands, or possest 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 Vtensils, and Materials, of, or belonging to such Churches, to their own private use and advantage, for or in respect of the said Crimes onely. Stat. 13 Car. 2. cap. 7.

CAP. XII.

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 Concords,Which Acts and Proceed­ings shall not be avoided. Chi­rographs, nor Proclamations of Fines, nor any Recoveries, Verdicts, Iudgments, Statutes, Recognizances, nor Inrolments of any Déeds or Wills, or of any such Fines, Proclamations, Recoveries, Verdicts, Iudgments, Statutes, or Recognizances, nor any Exemplifications of them, nor any of them, nor any Inquisitions, Indictments, Presentments, Informations, De­crées, Sentences, Probats of Wills, nor Letters of Administration, nor any Writs or Actings on, or Returns of Writs, Orders, or other Procéedings in Law or Equity, had, made, given, taken, or done, or depending in the Courts of Chancery, Kings-Bench, Vpper 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 Dutchy of Lancaster, or Town of Berwick upon Tweed, or in any other inferiour Courts of Law or Equity; or by any the Iudges, 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, Iustices of Assize, Nisi Prius, Oyer and Terminer, Gaol-Delivery, Iustices of the Peace, Commissioners of Sewers, Bankrupts, or Charitable Vses; nor any Actings, Process, Procéedings, 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, Iudges, Commissioners, Iustices, or any of them; or for, or by reason that the Premisses, or any of them, were commenced, prosecuted, had, made, held, or used in the Name, Stile, or Title of the late King, or in the Name, Stile, Title, or Test of Custodes Libertatis Angliae Authoritate Parlia­menti; Or in the Name, Stile, Title, or Test of The Keepers of the Liberty of England by Authority of Parliament; Or in the Name, Stile, Title, or Test of Oliver Lord Protector of the Commonwealth of England, Scotland, and Ireland, and the Dominions thereunto belonging; Or of [Page 40] Oliver Lord Protector of the Commonwealth of England, Scotland, and Ireland, and the Dominions and Territories thereunto belonging; Or the Name, Stile, 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, Stiles, or Titles; Or for that the said Fines, Recoveries, Process, Pleadings, Procéedings, and other things be­fore mentioned; Or the Entry and Enrolment of them, or any of them, were in the Latine or English; But that all and every such Fines, Recoveries, and other things above mentioned, and the Actings, Doings, and Procéedings thereupon, shall be of such, and of no other Force, Effect, and Vertue, then as if such Courts, Iudges, Iustices, Commissioners, Officers and Ministers, had acted by vertue of a True, Iust and Legal Authority, and as if the same, and the Entry and Enrolment thereof were in Latine, 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 stiled Protector of the Commonwealth of England, Scotland, and Ireland, and the Dominions thereto belonging, and his Council, War­ranting or Directing such Procéedings, had béen 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 béen Levied without any Entry, or due Entring of any sum paid pro licentia concordandi, commonly called the Kings 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 past, several Fines were Levied and Recorded in the Court of Common Pleas, before one Iudge onely 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 Iudicial procéedings 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 Pro­ceedings of that High Court of Iu­stice 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 Procéedings in the late Illegal and Vn-warranted High Courts of Iustice, 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, &c. 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 béen.

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 vertue 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 béen made.

Recognizan­ces, Obliga­tions, &c. 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 Kéepers 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 then such Recognizances, Obligations and Securities as have béen 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 [Page 41] to be void, and to be delivered up to be Cancelled, And all Iudgments, Extents, Inqui­sitions, Executions and Seizures had for the said Kéepers 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 entred into to the said Kéepers 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,Iustices, Ser­jeants, &c. 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 Iustice or Iustices of one Bench or the other, or Barons of the Exchequer, Ser­jeants at Law, Commissions of Sewers, Commissions of Bankrupts, or of charitable uses, made or constituted, by or in the Name or Stile of any the late pretended powers or autho­rities.

Provided alwayes, That it shall and may be lawful to and for every person and persons,Writs of Er­rour may be brought. who shall find themselves grieved or damnified by any Iudgment, Fine, Recovery, Decrée or Sen­tence given, made, levied, granted, or pronounced in any of the said Courts, to procéed in due form of Law, either by Writ of Errour, 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 béen established by lawful Authority, other then for those Errours and Defects which are remedied or provided for by this Act.

Provided alwayes, 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 then 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 Stile, or assuming the Name or Stile 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, Quéen, 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 alwayes 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 Iudicial Procéedings,The late Go­vernment de­clared to be usurped. it was necessary to mention Di­vers pretensed Acts and Ordinances, by the Names and Stiles which those Persons then Vsur­ped, who took upon them to pass the same, Namely, some by the Stile and Name of the Kéepers of the Liberty of England by Authority of Parliament; and others by the Name and Stile 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 Stiles aforesaid, and every of them, are most Rebellious, Wicked, Trayterous, and Abominable Vsurpations, Detested by this present Parliament,Recognition of his Maje­sties just title. as Opposite in the Highest Degrée to His Sacred Majesties most Iust and Vn­doubted 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 priviled­ges of Parliament, and both Houses thereof now Assembled, or that hereafter shall be called and assembled.

Provided alwayes, and be it enacted, That all and every pretended Indictment or Indict­ments, Out-lawries, Inquisitions, and all Procéedings thereon of High Treason against any Per­son or Persons whatsoever, for Levying War against the late Tyrant Oliver Cromwell, the pre­tended Kéepers of the Liberty of England, or any other Vsurped Power,Indictments of Trea­sons, &c. for levying wars against Oliver Crom­well, &c. made void. shall be from henceforth void and of none effect in Law. And that all Grants, Conveyances, Leases, Devices, Assuran­ces, Statutes, Recognizances, and Iudgments 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 béen. Stat. 13 Car. 2. cap. 7.

CAP. XIII.

Abatement of interest ad­vantagious to Trade.FOrasmuch as the Abatement of Interest from Ten in the Hundred in former times, hath béen 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 Forreign States with whom We Traffique. And whereas in fresh memory the like fall from Eight to Six in the Hundred, by a late con­stant practise 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 Reasons 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 Monies, 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 Vsury, 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 treble 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 Counter-Bond or Bill concerning the same, shall forfeit for every such Offence Twenty pounds, and have Imprisonment for half a year: The one moyety of all which Forfeitures to be to the King our Soveraign Lord, his Heirs and Suc­cessors; And the other moyety 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.

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 Majesties Loyal Subjects of this his Kingdom of England, and the Dominions thereunto annexed, by his Majesties late most wonderful, glorious, peaceable and joyful Restauration to the actual possession and exercise of his undoubted hereditary Soveraign and Regal Authority over them (after sundry years forced extermination into Forreign parts,The unani­mous and cor­dial affection of the Lords and Com­mons in Par­liament, and People in ge­neral. by the most Trayterous Conspiracies, and Armed Power of Vsurping Tyrants, and execrable perfidious Traytors) 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 Majesties Subjects; which unexpressible Blessing (by Gods own most wonderful Dispensation) was compleated on [Page 43] the Twenty Ninth day of May last past, being the most memorable Birth-Day, not onely of his Majesty, both as a Man and Prince, but likewise as an Actual King, and of this and other His Majesties 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 Lieges of this Realm, conducted his Majesty unto His Royal Cities of London and Westminster, with all possible Expressions of their Ioy and Loyal Affections in far greater Triumph than any of his most Victorious Predecessors Kings of England, returned thither from their Forreign Con­quest; and both his Majesties Houses of Parliament, with all Dutiful and Ioyful Demonstra­tions of their Allegiance publickly received, and cordially congratulated His Majesties most happy Arrival, and Investiture in his Royal Throne, at his Palace at White-Hall; Vpon all which considerations, this being the Day which the Lord himself hath made and crowned with so many publick 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 publick Thanks thereon to Almighty God, with one heart and voice, in a most devout and Christian manner, for all these publick 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 Gods Word and Sacraments, in every Church, Chappel, and other usual place of Divine Service, and publick Prayer, which now are, or hereafter shall be within this Realm of England, and the respective Dominions thereof, and their Successors shall in all succéeding Ages annually celebrate the Twenty Ninth day of May, The 29th of May to be an­nually cele­brated. by rendring their hearty pub­lick 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 publique 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 usuall Church, Chappel, or Place where such publick Thanksgivings and Praises to Gods most Divine Majesty shall be rendred, and there or­derly and devoutly abide during the said publick Thanksgivings, Prayers, Preaching, Singing of Psalmes, and other Service of God there to be used and ministred. 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 Lords Day before. That every Minister shall give notice to his Parishioners publickly in the Church at morning Prayer the Lords Day next before every such Twenty Ninth day of May, for the due observation of the said day, And shall then likewise publickly 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.

WHereas there are divers Officers and Souldiers now in the Kings Majesties Service,Souldiers instrumental in His Ma­jesties Restau­ration. under the Command of his Excellency George Duke of Albemarle, Captain General of His Majesties Armies, who have béen Instrumental, by the Blessing of Almighty God, to the Happy Restitution and Restoration of his Sacred Majesty unto His Kingdomes and Peo­ple, and to His Iust 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 Imploy 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 hindred 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 Quéen 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 Majesties 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 Kings Majestie unto his Iust Right of Government, as aforesaid, may not be deprived of a Means of Livelyhood; 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 [Page 44] by the Authority thereof, That all such Officers and Souldiers, 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 Kings 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 Apprentiship; or any other person imployed 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 béen 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 béen Apprentices, as aforesaid, may set up and exercise such several and respective Trades whereunto he or they have béen so bound Apprentices, as fully as if they had served out their respective terms, or times for which they have béen 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 Souldiers, 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, Souldier or Souldiers, 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, Souldier or Souldiers, making it appear to the same Court where they are so sued, impleaded or indicted, that they have served the Kings 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, Souldier or Souldiers, double costs of Suit to be recovered as any other Costs at Common Law may be recovered; And all Iudges and Iurors, 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 Soul­dier may prove his be­ing in Ser­vice within this Act.Provided, That no Officer or Souldier 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 knowledg 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 béen Officers or Souldiers 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 excéeding six months, and to lose the benefit of this Act, Any thing therein contained to the contrary in any wise notwithstanding.

Souldiers, 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 Souldiers 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 frée 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.

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, [Page 45] 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 thrée fourths 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 Majestie, his Heirs and Successors; one Third part to the Governour 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 prize all such Ships or Vessels as shall have offended contrary hereunto, and deliver them to the Court of Admiralty, there to be procéeded against; and in case of condemnation, one Moyety 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 Moyety 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 Soveraign Lord the King, his Heirs and Successors, or Naturalized, or made a frée 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 Governour 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 Majesties Courts in the Plantation where such offence shall be com­mitted: And all Governours 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 Go­vernours of any such Islands, Plantations or Territories, by his Maiesty, 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, &c. 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 Governours have béen willingly and wittingly negligent in doing their Duty accordingly, that the said Governour 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 thrée 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 Moyety to his Majesty, his Heirs and Successors; and the other moyety 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 forreign groweth or manufacture, shall be brought into England, &c. in English Ships, but onely from the places of their said growth, &c. That no Goods or Commodities that are of forreign 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, Coun­trey or Countreys, but onely from those of the said Growth, Production, or Manufacture, or from those Ports where the said Goods and Commodities can onely, or are, or usually have béen first shipped for transportation, and from none other Places or Countreys, 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 Moyety to his Majesty, his Heirs and Successors; and the other moyety to him or them that shall seize, inform, or sue for the same in any Court of Record, to be recovered as is before exprest.

[Page 46] All ling, stockfish, &c. oyl, &c. Whale [...]ins, &c. im­ported not caught in ves­sels by the pro­prietors them­selves, &c. 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 dryed 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 Oyl or Blubber made or that shall be made of any kind of fish whatsoever, or any Whale-fins or Whale-bones, which shall be imported into England, Ireland, Wales, or Town of Berwick upon Tweed, not having béen caught in Vessels truly & properly belonging thereunto as Proprietors and right Owners thereof, and the said Fish cured, saved and dryed, and the Oyl and Blubber aforesaid (which shall be accompted and pay as oyl) 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 car­ryed from one part of Eng­land to ano­ther in the ves­sel of any Alien not de­nizend, &c.And be it further Enacted by the authority aforesaid, That from henceforth it shall not be law­full 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 Naturalized) be Owners, Part-owners, or Master, and where­of thrée fourths 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 Moyety to his Majesty, his Heirs and Successors, and the other Moyety to him or them that shall Inform,Ease and a­batement in the book of rates to extend only where three parts of the Marriners 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 Priviledge 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 alwayes to be understood, and Provided that the Master and thrée fourths of the Mariners of the said Ships, at least, be also English, And that where it is required that the Master and thrée fourths 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 Boards, no foreign Salt, pitch, Tar, Rozin, Hemp or Flax, Raisins, Figs, Prunes, Olive Oyls, 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 Thrée Fourths of the Mariners at least are English,Othoman 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 Othoman 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 forrain 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 Thrée 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 alwayes, 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 déemed 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 Boards, as also all forraign Salt, Pitch, Tar, Rozin, Hemp, Flax, Rai­sins, Figs, Prunes, Olive Oyls, all sorts of Corn or Grain, Sugar, Pot-ashes, Spirits, com­monly called Brandy Wine or Aqua-vitae, 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, [Page 47] 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 then such shipping, and so Navigated, and all Currants and Turky 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 déemed 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 Forein Ships,How to pre­vent Frauds in colouring and buying Forrein 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 Fore­in built ship or Vessel whatsoever shall be déemed or pass as a ship to England, Ireland, Wales, or Town of Berwick, or any of them belonging, or enjoy the benefit or Priviledge of such a ship or Vessel, untill 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 aboad, 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 aboad, and that no Forreiner 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 déemed as a Ship belonging to the said Port, and enjoy the priviledge of such a Ship or Vessel; And the said Officer or Officers shall kéep 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 pri­viledge to any forrein built ship untill cer­tificate or proof, &c. That if any Officer of the Customs shall from and after the said First day of April, allow the priviledge of being a Ship or Vessel to Eng­land, Ireland, Wales, or Town of Berwick, or any of them belonging, to any Forreign built Ship, or Vessel, untill such Certificate be before them produced, or such Proof and oath taken before them; or if any Officer of the Customs shall allow the priviledge 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, untill Examination whether the Master and thrée Fourths of the Mariners be English, or shal allow to any Forreign built ship, bringing in the Commodities of the Growth of the Country where it was built, the priviledge by this Act, to such Ship given, untill Examination and Proof whether it be a ship of the built of that Country, and that the Master and thrée 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 Forrein built Ship or Vessel to load or unload any Goods or Commodities within the Precincts of their Goverments, untill such Certificate be produced before them or such as shall be by them appointed to view the same, and Examination whether the Master and thrée 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 alwayes, That this Act or any thing therein contained, extend not,Proviso for goods of the Streights or Levant. or be meant to restrain and prohibite the Importation of any the Commodities of the Streights, or Levant Seas, loaden in English built shipping, and wherof the Master and thrée fourths of the Ma­riners at least are English, from the usual Ports or places for lading of them heretofore with­in the said Streights 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 thrée fourths 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 South-Ward 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 thrée fourths 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.

[Page 48] Proviso for Bullion, and goods taken by way of Re­p [...]isal.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 thrée Fourths of the Mariners at feast are English, having Commission from his Majesty, his Heirs or Successors.

Proviso con­cerning goods of Scotland.Provided alwayes, 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 thrée Fourths of the Mariners are of His Maiesties Subiects, nor to any Seal Oyl 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 shipsProvided 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, Harbor of Road of England, Ireland, Wales, or Town of Berwick upon Tweed, and shall there lade or unlade any Goods or Commodities, or take in or set on Shore any passengers, shall pay to the Collector of His Majesties Customs in such Port, Créek, Harbor or Road, for every Tun of which the said Ship or Vessel is of burthen,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 depart out of such Port, Créek, Harbor 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 Solls 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 thrée Moneths after, and no longer.

Sugars, tobac­co, &c. 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, noe Sugars, To­bacco, Cotton-wooll, 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 Moyety to the Kings Majesty, His Heirs and Successors, and the other Moyety 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, &c. 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 burthen then one hundred Tuns; and of the sum of two thousand pounds, if the Ship shall be of greater burthen, That in case the said ship or vessel shal 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 Majesties 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, untill 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 béen there [...]ly given, shall be forefeited with all her Guns, Tackle, Apparel and Furniture, to be imployed 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.

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 custome shall cause any Goods for which Custom, Subsidy, or other Duties are due, or payable by vertue of the Act passed this Parliament, (Entituled, A Subsidy Granted to the King of Tunnage and Poun­dage, and other sums of money, payable upon Merchandize Exported and Imported) to be landed or conveyed away without due entry thereof first made, and the Customer or Collector, or his De­puty agréed 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 adjoyning 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 adjoyning thereunto, to issue out a Warrant to any person or persons, thereby enabling him or them, with the assistance of a Sheriff, Iustice 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 Iustice are hereby required to be aiding and assisting thereunto.

Provided alwayes, That no house shall be entred by vertue 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 Moneth 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 compleat Disbanding of the whole Army, and pay­ing off some part of the Navy, by a two Moneths Assesment 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 Bay-Hall in Colchester regulated.

CAP. XXIII.

THe Commons assembled in Parliament, in gratitude, for an humble acknowledgment of Your Majesties great Grace and Favour to us Your Commons, beyond Example of any Your Royal Progenitors, expressed in many publick Acts and Declarations, to the great rejoycing 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 excéeding the Examples of any of their Ancestors, for the encreasing of your Maiesties Revenue during Your Maiesties 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 beséech your Majesty that it may be Enacted, And be it Enacted by the Kings most Excellent Maiesty 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 Maiesties Kingdom of England, Dominion of Wales, and Town of Berwick upon Tweed, raised, levyed, collected,12 Car. 2. c. 2. [...] and paid unto Your Maiesty during Your Life, for Beer, Ale, Sider, 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,

• [Page 50]
  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 pub­lickly 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 publickly 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.
• Sider, Perry.
  For all Syder and Perry made and sold by retail, upon every Hogshead to be paid by the Retayler 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 half-penny. Ob.
• Vinegar-beer.
  For every Barrel of Beer, commonly called Vinegar-Beer, brewed by any common Brewer, in any common Brew-house, 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.
• Syder & Per­ry Imporced.
  For every Tun of Syder 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 Syder 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 forreign liquors impor­ted, to be paid by the impor­ters in money upon entries made before landing. Common brewers to ac­compt weekly, and other re­tailers of beer, ale, &c. 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 Forreign 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 Wéek: And all Inn-kéepers, Victuallers, and other Retaylers of Béer, Ale, Syder, Perry, Metheglin, or Strong-water, Brewing, Making, or Retai­ling the same, shall once in every moneth 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, Syder, Metheglin, Strong-Water, or other the Liquors aforesaid, which they, or any of them shall Brew, make, or Retail, in that Wéek and Moneth 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 Wéek 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 Moneth, shall forfeit five pounds. And that every Alehouse-kéeper, Victualler, or other Retailer, who doth not once a moneth 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 Wéek after he made his Entry, or ought 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 Moneth after he made his Entry, or ought to have made his Entry, as aforesaid, shall pay double the value of the Duty: The said respective forfeitures to be levyed 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 [Page 51] 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 impowred 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 néedful: 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, Brew-house, 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 accompt of Béer, Ale, Worts, Perry, Syder, 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 Brew-house or any other place aforementioned, or to gage or take accompt of his Brewing vessels, or of any such Béer, Ale, Worts, Perry, Syder, Strong-water, Aquavite, Metheglin, or other the Liquours 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 Majesties Exchequer, shall be reckoned, accompted, 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, accompted and returned for a Barrel of ale; and all other the Liquors aforesaid, according to the Wine-gallon.

Provided alwayes, 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 thrée and twenty Barrels of Béer, whether strong or small, returned by the said Gagers, thrée 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 alwayes,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 moneths then next ensuing.

And be it Enacted and Ordained by the Authority aforesaid,No Ale or bre [...] to be delivered to the retayler 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, untill the rate which by such Victualler or Retayler is to be payed over and above the price of the said Béer or Ale, for or in respect of this Duty, be first payed and satisfied by the said Victualler or Retayler to the Brewer or Maker thereof. Provided alwayes,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 Retayler thereof, and shall [Page 52] before any such selling and retailing thereof, well and truly pay and satisfie 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 In-keeper, 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 agrée 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, Syder, 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 excéed not the term of Thrée years. And be it further Enacted, That every such Contract, Bargain, and Agréement 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 alwayes, 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 Iustice 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 moneths after the Commencement of this Act, treat, con­clude, or agrée 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 Iustices of Peace of the said Counties or places, or the major part of them, at their publick 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 Iustices, under the rate that it shall be tendred 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 Iustices 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 Iustices of the Peace, by the space of 14 dayes next after complaint made, and notice thereof given to the Of­fender, then 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 Iudgment given by the said Sub-Commissioners,Appeals by parties grie­ved. he shall and may appeal to the Iustices of the Peace at the next Quarter Sessions, who are hereby im­powered and authorised to hear and determine the same, whose Iudgment therein shall be final; which said Commissioners for Appeals and regulating of this duty, and the chief Commissioners for Excise, and all Iustices of Peace, and Sub-Commissioners aforesaid respectively, are hereby authorised, and strictly enjoyned 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 procéed 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 Iudgment 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 redéemed within fourtéen days) rendring to the party the overplus (if any be) and for want of sufficient Distress, to imprison the party offending till satisfaction be made.

[Page 53]Provided nevertheless, That it shall and may be lawful,Fines and for­feitures may be mitigated. to and for the said respective Iustices of Peace, Commissioners for Excise, or any two of them, or their Sub-Commissioners respective­ly, from time to time, where they shall sée 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 béen paid, besides the reason­able costs and charges of such Officer or Officers, or others, as were imployed therein, to be to them allowed by the said Iustices; 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 imployed. Forfeitures and Penal­ties mentioned in this Act, all necessary charges for the recovery thereof being first deducted, shall be imployed, thrée fourth parts thereof to and for the use of the Kings 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 accomptable: Which said Office shall be managed by such Officers as shall be appointed by the Kings 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 Gover­nours for the management of His Majesties 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 in­termedling with any Office or Imployment relating to the Excise, until he or they shall before two or more Iustices of Peace in the County where his or their imployments 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.

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 Iustice 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 Burrough of Southwark, and the several Suburbs thereof, and Parishes within the wéekly Bills of Mortality shal 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 Premisses 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 monies 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 levyed by vertue of this Act, into his Majesties Receipt of Exchequer.

Provided alwayes, 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 Tryal a Verdict shall pass for the Defendant or Defendants, or the Plaintiff or Plaintiffs be Non-suit, then 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 shal not supersede any proceedings. That no Writ or Writs of Certiorari shall supersede Execu­tion or other Procéedings, upon any Order or Orders made by the Iustices aforesaid in pursuance of this Act, but that Execution and other procéedings shall and may be had and made thereupon, any such Writ or Writs, or allowance thereof notwithstanding.

Provided alwayes, 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: [Page 54] that is to say, the sum of Five thousand pounds payable to his Majesties Surveyor-General for the repair of his Majesties houses, charged by vertue 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 Prin­ces 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 Quéen of Bohemia, being charged, together with Interest, by an Order of the 13th of September, 1660. the sum of thrée 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, untill the said debt due to the said Edward Backwell, be satisfied; and that in case any part of the monies due to Alderman Backwell, be paid out of that part of the Excise which shall grow due to the Kings Majesty; that then his Majesty shall be reimbursed the same out of the first monies 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.

VVHereas it hath béen found by former experience, That the Court of Wards and Live­ries, and Tenures 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 béen much more burthensome,The reasons of this Act. grievous and prejudicial to the Kingdom, then they have béen benefici­al to the King: and whereas since the intermission of the said Court, which hath béen 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 Soveraign 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, &c. taken a­way. That the Court of Wards and Liveries, and all Wardships, Liveries, Primer-Seisins, and Ouster-le-mains, Values and forfeitures of Marriages, by reason of any Tenure of the Kings 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 Ouster-le-mains, 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 Vsage, to the contrary hereof in any wise notwithstan­ding;Fines for alie­nations, &c. 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 Aide pur file marrier, & pur faier 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,Tenures by Knights ser­vice, taken a­way. Statute, Custom, or Vsage to the contrary hereof in any wise notwithstanding: And that all Tenures 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, Custome or usage to the contrary hereof in any wise notwithstanding. And all Tenures of any Honors, 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 Politick, or Corporate, are hereby Enacted to be turned into frée 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 déemed to be from the said Twenty fourth day of February, One thousand six hundred forty five, and for ever thereafter turned into frée and common Soccage, Any Law, Statute, Custome, or usage to the contrary hereof, in any wise not­withstanding.

Tenures by domage, escu­age, &c. 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 Aide pur file marrier, and Aide pur faier fitz Chivalier, any Law, Statute, Vsage, or Custom to the contrary in any wise notwithstanding. And that all Conveyan­ces and Devises of any Mannors, Lands, Tenements, and Hereditaments, made since the said 24th of February, shall be expounded to be of such effect, as if the same Mannors, Lands, Tenements, and Hereditaments, had béen then held and continued to be holden in frée and common Soccage only, any Law, Statute, Custome, or usage to the contrary hereof in any wise notwithstanding.

[Page 55]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. Entituled, An Act for the establishment of the Court of the Kings 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 tenures to be created by the King here­after shall be free and com­mon soccage. That all tenures hereafter to be created by the Kings Majesty, his Heirs or Successors, upon any gifts or grants of any Mannors, Lands, Te­nements, or Hereditaments, of any Estate of Inheritance at the common law, shall be in frée and common soccage, and shall be adjudged to be in free and common soccage only, and not by Knights Service, or in Capite, and shall be discharged of all Wardship, value and forfeiture of marriage, Livery, Primer-Seizin, Ouster le main, Aide pur faier fits Chivalier, and pur file marrier, 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, &c. 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 vertue 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 Mannors. 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 Mannors & places, other then 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,Tenures in Frank Alm­oigne. Copy of court Roll. shall not take away, or be construed to take away Tenures in Frank Almoigne, or to subiect 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 Knights Service;Honorary ser­vices. and other then Aide pur faier fitz Chivalier, and Aide pur file marrier.

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 m [...]nori­ty. 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 béen, 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 béen, 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 preiudice the custom of the City of London, nor of any other City or Town Corporate, or of the Town of Berwick on Tweed concern­ing Orphants; 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 Lords House of Parliament, as to his or their Title of Honour, or sitting in Parliament, and the priviledge 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 béen found,Purveyances and provisions for the Kings house-hold taken away. Alt. St. 13 Car. 2. cap. 7. that though divers good strict and whole­some Laws have béen made in the times of sundry his Majesties most noble Progenitors, some extending so far as to life, for Redress of the grievances and oppressions committed by the per­sons imployed for making provisions for the Kings houshold, Carriages and other purveyance for his Majesty, and his occasions; Yet divers oppressions have béen still continued, and several Counties have submitted themselves to sundry Rates and Taxes, and Compositions, to redéem [Page 56] 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 recompence shall be therefore made to his Maiesty, his Heirs and Successors, which is hereby provided to his Majesties 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, &c.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 Quéen of England for the time being, or of any the Children of any King or Quéen of England for the time being,Timber. Carts. Car­riages, &c. ta­ken away. or that shall be, or for his, their, or any of their Houshold, shall take any Timber, Fewel, Cattel, Corn, Grain, Mault, 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 Cattel, Carts, Ploughs, Wains, or other Carriages, for the use of His Majesty, His Heirs or Successors, or of any Quéen of England, or of any Child or Children of any the Kings or Quéens of England for the time being, for the carrying the Goods of His Majesty, His Heirs or Successors, or the said Quéens, or Children, or any of them, without such full and frée consent as aforesaid, any Law, Statute, Custom, or Vsage, to the contrary notwith­standing.

No pre-empti­on to be al­lowed or clai­med in behalf of the King, &c.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 Quéens 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 frée 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 Quéens, or Children, or any pretence of pre-emption in their, or any of their behalfs not­withstanding. And if any person or persons shall make provision or purveyance for His Majesty, His Heirs or Successors,The Penalty. or any the Quéens, 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 Iu­stices 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 enioyned 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 procéeded 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 treble damages and treble costs: In which Action, no Essoin, Wager of Law, Aid-prayer, Priviledge, Protection, Imparlance, Iniunction, 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 Iudgment, by colour or means of any Order, Power, Warrant, or Authority, save onely of the Court where such Action shall be brought and depending, or after Iudgment had upon such Action, shall cause or procure Executi­on of such Iudgment to be stayed or delayed by colour or means of any Order, Warrant, Power, or Authority, save only by Writ of Errour, or Attaint, or Order of such Court where such Writ­of Errour or Attaint shall be depending, That then the person so offending shall incur the pains, penalties,Premunire. and forfeitures ordained and provided by the Statute of Provision and Premunire, made in the sixtéenth year of the Reign of King Richard the second; Provided alwayes, That this Act extend not to prejudice any of His Majesties Rights, Titles, or Duties of, in, or to, or out of any Tinne 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:Recompence 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 Recompence and Satisfaction, as well for the profits of the said Court of Wards, and the Tenures, Wardships, Liveries, Primer-Seizins, Ousterlemaines, and other the Premisses 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 Kings Ma­jesty, His Heirs and Successors for ever hereafter, in recompence as aforesaid, the several Rates Impositions, Duties and Charges herein after expressed, and in manner and form following (that is to say)

• [Page 57]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 pub­lickly 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 publickly 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 Syder and Perry made and sold by retail, upon every Hogshead to be paid by the Retayler 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 half-penny. Ob.
• For every Barrel of Beer, commonly called Vinegar-Beer, brewed by any common Brewer, in any common Brew-house, 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 Syder 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 Syder 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 for­reign 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 Forreign 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, Inn-keepers, &c. That all common Brewers of Béer and Ale, shall once in every Wéek: And all Inn-kéepers, Alehouse-kéepers, Victuallers, and other Retaylers of Béer, Ale, Syder, Perry, Metheglin, or Strong-water, Brewing, Making, or Retai­ling the same, shall once in every moneth 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, Syder, Metheglin, Strong-Water, or other the Liquors aforesaid, which they, or any of them shall Brew, make, or Retail, in that Wéek and Moneth 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 Wéek 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 Moneth, shall forfeit five pounds. And that every Alehouse-kéeper, Victualler, or other Retailer, who doth not once a moneth 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 Wéek after he made his Entry, or ought 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 Moneth after he made his Entry, or ought to have made his Entry, as aforesaid, shall pay double the value of the Duty: The said respective forfeitures to be levyed 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 [Page 58] 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 néedful: 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, Brew-house, 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 accompt of Béer, Ale, Worts, 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 Brew-house, or any other places aforementioned, or to gage or take accompt of his Brewing-Vessels, or any such Béer, Ale, Worts, Perry, Syder, 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, &c. 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 levyed 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 Majesties Exchequer, shall be reckoned, accompted, 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, accompted, 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 alwayes, 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 thrée and twenty Barrels of Beer, whether strong or small, returned by the said Gagers, thrée 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 Entr [...]es.Provided alwayes, 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 moneths then next ensuing.

No Beer, &c. 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, untill 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 alwayes, 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 [Page 59] before any such selling and retailing thereof, well and truly pay and satisfie 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, &c. 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 agrée 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, Syder. 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 excéed not the term of Thrée years. And be it further Enacted, That every such Contract, Bargain, and Agréement 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 alwayes, to the end the aforesaid duty may be paid with most ease to the people;Persons to be approved by the Iustices of the Peace, &c. within six moneths, 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 moneths after the Commencement of this Act, treat, con­clude, or agrée 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 Iustices of Peace of the said Counties or places, or the major part of them, at their publick 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 Iustices, under the rate that it shall be tendred 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, &c. 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 Iustices of the Peace residing near to the place where such forfeitures shall be made, or offence committed:Neglects of the Iustices. And in case of neglect or refusal of such Iustices of the Peace, by the space of fourtéen dayes next after complaint made, and notice thereof given to the Offender, then 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 Iudgment given by the said Sub-Commissioners, he shall and may appeal to the Iustices of the Peace at the next Quarter Sessions, who are hereby im­powered and authorised to hear and determine the same, whose Iudgment therein shall be final; which said Commissioners for Appeals and regulating of this duty, and the chief Commissioners for Excise, and all Iustices of Peace, and Sub-Commissioners aforesaid respectively, are hereby authorised, and strictly enjoyned 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 procéed 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 Iudgment 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 redéemed within fourtéen days) rendring to the party the overplus (if any be) and for want of sufficient Distress, to imprison the party offending till satisfaction be made.

[Page 60] Power to mi­tigate the for­feitures.Provided nevertheless, That it shall and may be lawful, to and for the said respective Iustices of Peace, Commissioners for Excise, or any two of them, or their Sub-Commissioners respective­ly, from time to time, where they shall sée 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 béen paid, besides the reason­able costs and charges of such Officer or Officers, or others, as were imployed therein, to be to them allowed by the said Iustices; any thing in this Act to the contrary in any wise notwithstan­ding.How the for­feitures shall be imployed. 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 imployed thrée fourth parts thereof to and for the use of the Kings 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 accomptable: Which said Office shall be managed by such Officers as shall be appointed by the Kings Majesty as afore­said, who, or any two of them, are hereby appointed and constituted Commissioners and Gover­nours for the management of His Majesties 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 in­termedling with any Office or Imployment relating to the Excise, until he or they shall before two or more Iustices of Peace in the County where his or their imployments 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.

London, Westminster, &c. to be under the manage­ment of the chief Office.And be it further Enacted by the Authority aforesaid, That every such Iustice 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 Burrough of Southwark, and the several Suburbs thereof, and Parishes within the wéekly Bills of Mortality, shalbe under the immediate care, inspection and management of the said Head-Office, and such, and so many subordinate Commissioners,All Commis­sioners, &c. to be nominated by his Ma­iesty. and Sub-Commissioners, and other Officers and Ministers for the Execution of the Premisses shall be from time to time nominated and appointed by His Maiesty, 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 levyed by vertue of this Act, into his Majesties Receipt of Exchequer.

The general [...]ue pleadable in any action upon this Statute.Provided alwayes, 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 Tryal a Verdict shall pass for the Defendant or Defendants, or the Plaintiff or Plaintiffs be Non-suit, then 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 Procéedings, upon any Order or Orders made by the Iustices aforesaid in pursuance of this Act, but that Execution and other procéedings 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, Entituled, An Act of Free and General Pardon, Indempnity, and Oblivion, but that every Clause, Article, Matter, [Page 61] 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, vertue and effect, as if this Act had never béen made.

Provided alwayes, 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 Majesties Surveyor-General for the repair of his Majesties houses, charged by vertue 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 Prin­ces 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 Quéen of Bohemia, being charged, together with Interest, by an Order of the 13th of September, 1660. the sum of thrée 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, untill the said debt due to the said Edward Backwell, be satisfied; and that in case any part of the monies due to Alderman Backwell, be paid out of that part of the Excise which shall grow due to the Kings Majesty; that then his Majesty shall be reimbursed the same out of the first monies 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.

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 moyety of every such penalty to be to our Soveraign Lord the King, the other moyety to him or them that will sue for the same, by Action of Debt, Bill, Plaint, or Information, in any of the Kings 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 license 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 Authorizing them to License, 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 Licensed, 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 License, 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, Vsage, or Custome to the contrary in any wise notwithstanding.

And be it further Enacted by the authority aforesaid,His Majesties Agents for granting wine Licenses may grant Li­censes not ex­ceeding 21 years, if the person so long live. Rent 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 Majesties 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 excéeding 21 years, if such person and persons shall so long live; and for such yearly rent as they can or shall agrée, and think fit, so as no Fine be taken for the same; But that the rent and sums of money agréed upon and reserved, be paid and answered half yearly by equal portions during the whole Term.

[Page 62] 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 excéed 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 excéed six pence out of every pound thereof, shall be duly and con­stantly paid and answered into his Majesties Receipt of Exchequer, and shall not be particularly charged or chargable, either before it be paid into the Exchequer, or after, with any gift or Pension. And his Majesties said Agents are hereby enjoyned 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 béen granted the preceding half year, and what Rents and sums of money are thereupon reserved, and have béen paid, or are in arrear, together with the securities of the persons so in arrear, to the end due and spéedy process may be made out according to the course of the Exchequer, for the recovery of the same.

Proviso for the two Vni­versities and their priviled­ges.Provided alwayes, That this Act, nor any thing therein contained, shall not in any wise be pre­judicial to the priviledg of the two Vniversities 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 enioy such privi­ledges 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 Priviledges as heretofore they have lawfully used and enjoyed, any thing herein contained to the contrary notwithstanding.

Proviso for the Burrough of St. Albans.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 Burrough of St. Albans 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 thrée several Wine-Taverns within the Burrough 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 béen 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 lawfull 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 Fées, Rewards, or sums of money whatsoever, for or in respect of this Service, other then five shillings for a Licence, Four pence for an Acquittance, and six pence for a Bond, under the penalty of ten pounds, one moyety thereof to the Kings Majesty, the other moyety 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, Syder, Perry, Honey, Sugar, Syrups of Sugar, Molasses, or any other Syrups whatsoever, nor put in any Isinglass, Brimstone, Lime, Raisins, Iuice 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, Syder, Perry, Stummed Wine, Vitriol, Honey, Sugar, Syrup of Sugar, Molasses, or any Syrups whatsoever, nor put in any Isinglas, Brim­stome, Lime, Raisins, Iuice 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, Syder, Perry, Stummed Wine, Vitriol, Honey, Sugar, Syrups of Sugar, Molasses, or any other Syrups whatsoever, nor put in any [Page 63] Isinglass, Brimstone, Lime, Raisins, Iuice 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 moyety shall go unto the Kings Maiesty, his Heirs and Successors, the other moyety 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 alwayes, And be it Enacted, That from and after the first day of September, The Prises of Wines. One thousand six hundred sixty and one, no Canary-Wines, Muskie or Alegant, or other Spanish or swéet Wines, shall be sold or uttered by any person or persons within his Majesties Kingdom of England, Dominion of Wales, and Town of Berwick upon Tweed, by retail, for above Eightéen 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 ex­céeding 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 moyety of which forfeiture shall be to our Soveraign Lord the King, His Heirs and Successors, and the other moyety to him or them that shall sue for the same, to be recovered in manner and form as aforesaid.

Provided nevertheless,The Lord Chancellor, &c. may set the Prises 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 President of the Kings Councel, Lord Privy Seal, and the two Chief Iustices, or Five, Four, or Thrée of them; And they are hereby Authorized yearly, and every year betwéen the twentieth of November, and the last day of December, and no other times, to set the Prises of all and every the said Wines to be sold by retail as aforesaid, at higher or lower rates then are herein contained, so that they or any of them cause the Prises by them set to be written, and open Proclamation thereof to be made in the Kings 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 prises as by them, or any Five, Four, or thrée 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 prises under the pains and penalties aforesaid, to be recovered as aforesaid, and afterwards: And in default of such setting of prises by the said Lord Chancellor of England, Lord Treasurer, Lord President of the Kings Councel, Lord Privy Seal, and the two Chief Iustices, or Five, Four, or Thrée of them, as aforesaid, at the respective Rates and Prises 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 Moneths Assessment commencing the 24th of June 1659. and the six Moneths 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 Moneth, Granted for Six Moneths, 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, Intituled, 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.

IN all humble manner shew unto Your most Excellent Majesty, Your Majesties most dutiful and loyal Subjectts the Lords and Commons in Parliament Assembled, That the Horrid and Exe­crable Murther of Your Majesties Royal Father,The horrid murder of King Charles the first how first contrived and plotted. our late most Gracious Soveraign Charles the First, of ever blessed and glorious memory, hath béen committed by a party of wretched men, de­sperately wicked, and hardned in their Impiety, who having first plotted and contrived the ruine and destruction of this excellent Monarchy, and with it, of the true Reformed Protestant Religion which had béen so long protected by it and flourished under it, found it necessary in order to the car­rying on of their pernicious and traiterous designs, to throw down all the Bullwarks 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 Maiesty 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 chiefly, for fear of losing their imployments and arrears; untill 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 procéedings, seize upon his Royal person while the Commissioners were re­turned to the House of Parliament with his Answer; and when his Concessions had béen 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 séek 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 Tryal 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 publickly Murthered 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 Fanatick 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 Murther, and most unparallel'd Trea­son committed against the Sacred person and life of our said late Soveraign, Your Maiesties most Royal Father, and all procéedings tending thereunto; and do beséech 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 ought to have, any Coercive power over the persons of the Kings of this Realm; And for the better vindi­cation of our selves to posterity, and as a lasting Monument of our otherwise inexpressible detesta­tion and abhorrency of this villanous and abominable Fact, We do further beséech 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 Ian. 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 Lords day, and then the day next following, shall be for ever hereafter set apart to be kept and observed in all the Churches and Chappels of these Your Majesties 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 Majesties 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 Murther of his late Ma­jesty. may at any time hereafter be visited upon us or our posterity. And whereas Oliver Cromwel deceased, Henry Ireton deceased, John Bradshaw deceased, and Thomas Pride deceased, John Lisle, William Say, Sir Hardress Waller, Valentine Wauton, Thomas Harrison, Edward Whalley, 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 Challoner, 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, [Page 65] John Dixwel, George Fleetwood, Simon Meyne, James Temple, Peter Temple, Daniel Blagrave, Thomas Wayte, John Cook, Andrew Broughton, Edward Dendy, William Hewlet, Hugh Peters, Francis Hacker, Daniel Axtel, are notoriously known to have béen wicked and active Instruments in the prosecution and compassing that Trayterous Murther of his late Majesty, for which the said Sir Hardress Waller, Thomas Harrison, William Heveningham, Isaac Penington, Henry Martin, The names of the persons cryed 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 Wayte, John Cook, William Hewlet, Hugh Peters, Francis Hacker, and Daniel Axtel, have already received their Tryal at Law, and by Verdict, or their own Confession, have béen convicted, and by Iudgment 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 Peters, Francis Hacker, and Daniel Axtel, have most deservedly suffered the pains of death, and béen executed according to Law; and the said John Lisle, The persons fled. William Say, Valentine Wauton, Edward Whalley, John Barkstead, Edmond Ludlow, Sir Michael Livesey, John Okey, John Hewson, William Goffe, Cornelius Holland, Thomas Challoner, Miles Corbet, Wil­liam Cawley, Nicholas Love, John Dixwell, Daniel Blagrave, Andrew Broughton, and Edward Den­dy, are fled from Iustice, not daring to abide a Legal Tryal: 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 tryal attainted The persons fled attainted. That the said Oliver Cromwell deceased, Henry Ireton deceased, John Bradshaw, deceased, and Thomas Pride deceased, shall by vertue 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 béen Attainted in their lives: And also that John Lisle, William Say, Valentine Wanton, Edward Whal­ley, John Barkstead, Edmond Ludlow, Sir Michael Livesey, John Okey, John Hewson, William Goffe, Cornelius Holland, Thomas Challoner, 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, &c. forfeited & vested in his Majesty. And that all and every the Manors, Messuages, Lands, Tenements, Rents, Reversions, Remainders, Possessions, Rights, Conditions, Interests, Offices, Fées, 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 Whalley, John Barkstead, Edmond Ludlow, Sir Michael Livesey, John Okey, John Hewson, William Goffe, Cornelius Holland, Thomas Challoner, 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 Peters, 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 Wayte, 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 seised, 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 déemed, 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 Whalley, John Barkstead, Edmond Ludlow, Sir Michael Livesey, John Okey, John Hewson, William Goffe, Cornelius Holland, Thomas Challo­ner, 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 Peters, 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 Wayte, Whereof they were possest 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 déemed 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 alwayes, 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 Vse or Vses of or out of any Manors, Lands, Tenements, or Hereditaments, not being the Lands nor Hereditaments of the late King, Quéen, or Prince, or of any Arch-bishops, Bishops, Deans, Deans and Chapters, nor [Page 66] being Lands or Hereditaments sold or given for the Delinquency, or pretended Delinquency of any person or persons whatsoever, by vertue 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, Iudgments, &c. before the 9th of Sept. 1659. Iudgment or Recognizance had, made, acknowledged or suffered to any person or persons, Bodies Politick 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 then the wife or wives,For money bona fide lent, &c. 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 Politick 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 enioyed 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 béen made, and as if the said Offenders had not béen by this Act, or by any other course or procéedings of Law, convicted or attainted; so as the said Conveyances,Such convey­ances to be en­rolled in the Court of Ex­chequer before the first of Ian. 1662. and all and every the Grants and Assurances which by vertue of this Act, are, and ought 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 entred and enrolled of Record in His Majesties Court of Exchequer, and not otherwise; Any thing in this Act herein before contained to the contrary in any wise notwithstanding.

Proviso for the Marquess of Worcester, &c.Provided alwayes, 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 Marquess of Worcester, and Edward now Marquess of Worcester, and Henry Lord Herbert, Son and Heir apparent of the said Edward Marquess 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 setled in, and shall be held and enjoyed by the said Marquess of Worcester, and the said Henry Lord Herbert, in such manner and form, and for such Estate and Estates, with such powers and priviledges 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 Marquess 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 alwayes to all and every person and persons,Saving. Bodies Politick, 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 ought to have, of, into, or out of any the Premisses, 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 Politick, 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 Maiesty, enter on the premisses in his Majesties 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 Kings Majesty, His Heirs and Successors, any thing herein contained to the contrary notwith­standing.

Proviso for Richard In­goldsby.Provided alwayes, That it shall and may be lawful to and for Richard Ingoldsby to retain and kéep, or otherwise to sell and dispose all and singular the Goods and Chattels formerly belonging to Sir Hardress Waller, in the Kingdom of Ireland, untill two thousand pounds, for which the said Richard Ingoldsby in the year One thousand six hundred fifty eight, stood joyntly bound with the said Sir Hardress Waller, unto James Brooks of the City of York, Alderman, and was then [Page 67] counter-secured by a Iudgment upon his Lands, and since by a Déed 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 Soveraign Lord the King; Any thing herein before contained to the contrary notwithstanding, St. 13 Car. 2. cap. 7.

CAP. XXXI.

Leases and Grants from Colledges and Hospitals Confirmed.

CAP. XXXII.

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 subtile exportation and transportation, and by and through the subtile carrying and conveying away of Wooll, Woolfels, Mortlings, Shorlings, Yarn made of Wooll, Woolflocks, Fullers 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 Forreign 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 Wooll, Wool-fells, Mort­lins, Shor­lings, Yarn, Woolflocks, Fullers, 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 thréescore, 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 Shéep or Wooll whatsoever, of the bréed 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 Wooll, or any Woolflocks, or any Fullers Earth, or any Fulling Clay whatsoever; nor shall directly or indirectly pack or load,Nor carry, load, or board any Sheep, Wooll, &c. 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 Shéep, Wool, Wool-fells, Mortlings, Shorlings, Yarn made of Wooll, or Woolflocks, or any Fullers 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 forreign parts.

And be it further Enacted by the Authority aforesaid, That no Wooll, Woolfells, Mortlings,No Wooll, Woolfells, &c. after the 14. of Ian. 1660. to be carried into Wales, Ire­land, &c. Except. Shorlings, Yarn made of Wooll, Woolflocks, or any Fullers 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 thréescore, 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 lyable to the respective pains, penalties and forfeitures hereafter following, That is to say, The said Shéep, Woolls, Woolfells, Mortlings, Shorlings, Yarn made of Wooll, Woollflocks, Fullers 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 Shéep, and thrée shillings for every pound weight of such Wooll, Woolfells, Mortlings, Shorlings, Yarn made of Wooll, Woollflocks, Fullers Earth, or Fulling Clay; And also the Owners of the said Ships or Vessels knowing such offence, shall forfeit all thei [...] Interest in the said Ships or Vessels, with all their Apparrel and Furniture to them and every of them belonging: And that the Master and Mariners thereof, knowing such offence, and wittingly and willingly aiding and assisting thereunto, shall forfeit all their Goods and Chattels, and have Imprisonment for the same thrée moneths without Bail or Main-prise; the one moyety of which said penalties and forfeitures shall be to the Kings Majesty, His Heirs and Successors; and the other moyety to him that will [Page 68] sue for the same by Action of Debt, Bill, Plaint or Information in any of His Majesties Courts of Record, or before the Iustices of Assize, or in the General Quarter Sessions of the Peace: In which Suit, no Essoyn, protection or wager of Law shall be allowed.

The penalty upon any Mer­chant that shall transport woolls, &c.And be it further Enacted, That if any Merchant, or other person or persons shall after the said fourtéenth day of January transport or cause to be transported any Shéep, Wooll, Woolfells, Mortlings, Shorlings, Woollen Yarn, Woolflocks, Fullers Earth, or Fulling Clay, contrary to the true intent of this Act, and be thereof lawfully convicted, That then he shall be disabled to re­quire any Debt or Accompt of any Factor or others, for or concerning any Debt or Estate pro­perly belonging to such offender.Proviso. Provided alwayes, and it is nevertheless declared, That this Act, or any thing therein contained, shall not be construed to take away any greater pains or pe­nalties inflicted, or to be inflicted for any the offences aforesaid, by vertue of any former Act of Par­liament now in force.

Offences a­gainst this Act where to be tryed.And be it also further Enacted by the authority aforesaid, That every offence that shall be done or committed contrary to this Act, shall and may be inquired of and heard, examined, tryed and de­termined in the County where such Shéep, Wooll, Woolfells, Mortlings, Shorlings, Yarn made of Wooll, Woolflocks, Fullers Earth, or Fulling Clay respectively shall be so packed, loaden, or laid aboard as aforesaid, contrary to this Act, or else in the County where such Offenders shall happen to be apprehended, or arrested for such offence, in such manner and form, and to such effect to all intents and purposes, as if the same offence had béen wholly and altogether done and committed at and in such County.

They to be Prosecuted within a year after the of­fence commit­ted. Any person may seize goods contra­ry to this Act, loaded with intent to be transported, and shall have the moyety thereof.Provided alwayes, and be it Enacted by the Authority aforesaid, That no person or persons whatsoever shall at any time hereafter be impeached for any offence aforesaid, unless such person or persons shall be prosecuted within the space of one year next ensuing such offence committed.

And be it further Enacted by the Authority aforesaid, That it shall and may be lawful to and for any person or persons to seize, take and challenge to his or their own use and behoof, and to the use of the King, His Heirs and Successors, all and all manner such Shéep, Wooll, Woolfells, Mort­lings, Shorlings, Yarn made of Wooll, Woollflocks, Fullers Earth, and Fulling Clay, as he or they shall happen to sée, finde, know or discover to be laid aboard in any Ship or other Vessel or Boat, or to be brought, carried or laid on shore, at or near the Sea or any Navigable River or Water, to the intent or purpose to be exported, transported or conveyed out of the Kingdoms of England or Ireland, Town of Berwick, Isles, or Dominion aforesaid, contrary to the true mean­ing of this Act, or to be packed or loaden upon any Horse, Cart, or other Carriage, to the intent or purpose to be conveyed or carried into the Kingdom of Scotland, aforesaid; and that such per­son or persons as shall happen so to seize, take or challenge any such Shéep, Wooll, Woolfells, Mort­lings, Shorlings, Yarn made of Wooll, Woolflocks, Fullers Earth, or Fulling Clay, as aforesaid, shall have the full moyety thereof, to all intents and purposes.

Proviso, such person shall not be evidence against the offender.Provided alwayes, That such Person or Persons as shall make any such Seizure or challenge aforesaid to his or their own use, shall not be admitted or allowed to give in Evidence upon his or their Oath or Oaths against any Person or Persons which shall happen to be indicted, accused or questioned by vertue of this Act, or any thing therein contained.

Forfeiture of the ship if the owner be an Alien, or not Inhabiting in England.And furthermore be it Enacted by the Authority aforesaid, That all and every ship, Vessel, Hulk, Barge or Boat, of what kind soever, whereof any Alien born, or whereof any natural born Sub­jects not inhabiting within the Realm of England shall be owner or part-owner, and wherein any Shéep, Wooll, Woolfells, Mortlings, Shorlings, Yarn made of Wool, Woolflocks, Fullers Earth, or Fulling Clay, shall happen to be shipped, put, or laid aboard, contrary to the true meaning of this Act, shall be forfeited to the Kings Majesty, His Heirs and Successors.

Provided alwayes, That this Act shall not extend to any Lamb Skin ready drest, and prepared fit and useful for Furr or Lynings.

Proviso.Provided also, That this Act shall not in any wise extend to the transporting, carrying or con­veying away of any such Woolfells or Pelts, with such Wooll upon them, or to any Beds stuffed with Flocks, which shall be carried or imployed in any Ship or other Vessel for necessary use only, of and about the Ordnance or other thing in or concerning such Ship or Vessel, or only for the necessary use of any the Persons in such Ship or Vessel passing or being, and which shall not be sold or uttered in any Forreign parts out of the Kingdoms of England or Ireland, Ireland. Berwick. or Town of Ber­wick, Isles, or Dominion aforesaid; nor to the exporting, transporting, carrying or conveying of any Wether-shéep, or of the Wooll growing upon any such Wether-shéep, to be carried alive in any Ship or other Vessel, for and towards the only necessary food or diet, of, or for the Company or Passengers, or other Persons therein, and for and towards none other purpose.

Proviso. Southampton. Jersey. Guernsey.Provided alwayes, and be it further Enacted, That this Act, or any thing therein contained, shall not extend to any such Wooll to be exported or transported out, of, or from the Port of South­ampton, only unto the aforesaid Isles of Jersey and Guernsey, by, or for the only use or behoof of any the Inhabitants of the said Isles of Jersey and Guernsey, or either of them, or to any such wooll to be shipped or loaden aboard in any ship or other vessel, by, or for the only use or behoof of any the Inhabitants of the said Isles of Jersey or Guernsey, or either of them, in the Port aforesaid, to be exported and transported into the said Isles of Jersey or Guernsey, or either of them; so as such person and persons that shall so ship or lay aboard such wool into any ship or other Vessel, do before the shipping or laying aboard such wool, deliver unto the Customer, Comptroller, Surveyor, or [Page 69] Searcher of the Port of Southampton aforesaid (out of which the same wooll is to be exported) a writing under the Seal or Seals of the respective Governors of the same Isles of Jersey and Guernsey, unto which the said wooll is to be transported, or of his or their Deputy or Deputies re­spectively, the which writing shall purport and express that the party named in such writing is au­thorised and appointed to export, or to cause to be exported out of the Port aforesaid so much wooll, expressing the number of the Tods, to the same Isle, to be used or manufactured in one of the same Isles, or in some of the members or parts of the same, and that such party so authorised and appointed to export, or cause to be exported that wooll, hath before the making and sealing of that writing, entred into sufficient Bond to his Majesties use for the landing of the said wooll in that Isle. And to the intent that the quantity of wooll to be exported out of the Port of Southampton aforesaid into the said Isles, or either of them, in any one year, accompting the year to begin from the first day of January next ensuing, and so yearly from the first day of January, may not excéed the quantity hereunder specified; that is to say, unto the Isle of Jersey Two thousand Tods and no more of unkeamed wooll, and unto Guernsey, Alderney, Sarke. One thousand Tods and no more of unkeamed wooll, and unto Alderney, Two hundred Tods and no more of unkeamed wooll; and unto Sarke, One hundred Tods of unkeamed wooll and no more, every Tod not excéeding thirty two pounds.

And be it Enacted by the authority aforesaid, That the Governor of the said Isle of Jersey, or his Deputy, for whom he will answer, shall not make to any Person or Persons any writing or wri­tings such as is above specified, to authorise or appoint such Person or Persons as aforesaid, to fetch, export or transport out of the Port of Southampton aforesaid unto the said Isle of Jersey, in one year, accompting the year from the first day of January, One thousand six hundred and sixty aforesaid, any greater quantity of wooll then Two thousand Tods in any one year; and that the Governor of the said Isle of Guernsey, or his Deputy for whom he will answer, shall not make to any Person or Persons any writing or writings, such as is above specified, to authorize and appoint such person or persons as aforesaid, to fetch, export, or transport out of the Port above specified unto the said Isles of Guernsey, with Alderney and Sarke, in any one year, accompting the year from the first day of January aforesaid, any greater quantity of wooll then one thousand Tods for Guernsey, Two hundred Tods for Alderney, and one hundred Tods for Sarke, in any one year; and that the Customer of the Port of Southampton aforesaid, shall kéep a true accompt of all the said quantity of Woolls so by him permitted to be loaden by vertue of this Act, and shall not per­mit any greater quantity of Woolls to be loaden then by this Act is prescribed, in any one year, to either of the said Islands respectively, under any pretence whatsoever, upon the penalty of the for­feiture of his place, and the sum of One hundred pounds in money, one moyety whereof to the Kings Majesty, His Heirs and Successors, and the other moyety to him or them that will sue for the same in any Court of Record, wherein no Essoign, Protection, or Wager of Law shall be al­lowed. And if any of the Governors aforesaid, or any of their, or either of their Deputy or De­puties of the said Isles, or either of them, shall give, grant, or make any Licence or Licences for exporting from Southampton aforesaid, into the said Isles respectively, of any greater quantity of such Wooll then is before by the true meaning of this Act limited and appointed in that behalf; That then the respective Governor or Governors of such of the said Isles shall forfeit and pay to Kings Majesty, His Heirs or Successors, the sum of Twenty pounds of lawful money of England, for every Tod of Wooll which shall be so licensed to be exported over and above the rate or por­portion of Wooll in and by this Act, or the true meaning thereof, limited or appointed.

And be it further Enacted by the Authority aforesaid, That the respective Governors aforesaid, or their respective Deputies, or any their Clerks, Officers or Servants, for the granting, ma­king, or sealing of every such writing of Licence as is aforesaid, and for the entring a Remem­brance of the same into some Book, which they shall have and kéep for that purpose, may have and take the sum of Twelve pence, and no more, upon pain of forfeiting to the party grieved the sum of Five shillings for every penny which shall be taken over and above the said sum of twelve pence, in and by this Act allowed to be taken, and so after that proportion; the said penalty or Forfeiture for the taking above Twelve pence as aforesaid, to be recovered by Bill, Plaint or Information, in any Court of Record at Westminster, or elsewhere, wherein no Injunction, Pro­tection, Priviledge, Essoyne or Wager of Law shall be admitted or allowed, St. 13 Car. 2. cap. 13.

CAP. XXXIII.

VVHereas by vertue or colour of certain Ordinances, or certain pretended Acts or Ordi­nances, divers marriages since the beginning of the late troubles have béen had and so­lemnized in some other manner then hath béen formerly used and accustomed:Marriages since the [...]. May, 1642. confirmed. Now for the pre­venting and avoiding of all doubts and questions touching the same, It is Enacted by the Kings most Excellent Majesty, with the advice and assent of the Lords and Commons in Parliament Assembled, and by Authority of the same, That all Marriages had or Solemnized in any of his Majesties Dominions since the first day of May, in the year of Our Lord, One thousand six hun­dred forty and two, before any Iustice of Peace, or reputed Iustice of Peace, of England or Wales, or other his Majesties Dominions, and by such Iustice, or reputed Iustice, so pronounced or decla­red; And all Marriages within any of His Majesties Dominions, since the same first day of May, in the year of Our Lord, One thousand six hundred forty two, had or Solemnized according to the [Page 70] direction or true intent of any Act or Ordinance, or reputed Act or Ordinance, of one or both houses of Parliament, or of any Convention sitting at Westminster, under the Name, Stile, or Title of a Parliament, or assuming that Name, Stile or Title, shall be, and shall be adjudged, estéemed, and taken to be, and to have béen of the same, and no other force and effect, as if such Marriages had béen had and solemnized according to the Rites and Ceremonies established, or used in the Church or Kingdom of England, any Law, Custom, or Vsage to the contrary thereof notwithstanding.

Issues upon lawfulness of marriages al­ready joyned shall be cryed by IuryAnd be it further Enacted, that where in any Suit commenced, or to be commenced in any of the Courts of the common Law, any issue hath béen joyned, and not already tryed or determined, or shall be joyned upon the point of Bastardy, or unlawfulness of marriage, for or concerning the marriages had and solemnized, as aforesaid, the same issues shall be tryed by Iury of Twelve Men, according to the course of Trial of other issues tryable by Iury at the Common Law, and not otherwise,Bastardy. any Law, Statute, or Vsage to the contrary thereof in any wise notwithstanding. Stat. 13 Car. 2. cap. 11.

CAP. XXXIV.

YOur Majesties Loyal and Obedient Subjects, The Lords and Commons in this present Par­liament assembled, considering of how great concern and importance it is, That the Colonies and Plantations of this Kingdom in America, be defended, Protected, Maintained, and kept up, and that all due and possible encouragement be given unto them; and that not not only in regard great and considerable Dominions and Countries have béen thereby gained,Importance of the plantati­ons of Ameri­ca. and added to the Im­perial Crown of this Realm; But for that the strength and welfare of this Kingdom do very much depend upon them, in regard of the employment of a very considerable part of its Shipping and Seamen, and of the vent of very great quantities of its Native Commodities and Manufactures; as also of its supply, with several Commodities which it was wont formerly to have only from Forraigners, and at far dearer Rates: And forasmuch as Tobacco is one of the main products of several of those Plantations, and upon which their Welfare, and Subsistence, and the Navigati­on of this Kingdom, and vent of its Commodities thither, do much depend; and in regard it is found by experience, That the Tobaccoes Planted in these parts are not so good and wholsome for the Takers thereof; And that by the Planting thereof, your Majesty is deprived of a considerable part of your Revenue arising by Customs upon Imported Tobacco; Do most humbly pray, That it may be Enacted by your Majesty: And it is hereby Enacted by the Kings most Excellent Ma­jesty, and the Lords and Commons in this present Parliament Assembled, and by Authority of the same,No person af­ter the 1. Ia­nuary, 1660. shall set or plant any To­bacco. That no Person or Persons whatsoever shall, or do from and after the first day of Ja­nuary, in the year of our Lord, One thousand six hundred and sixty, Set, Plant, improve to grow, make or cure any Tobacco either in Séed, Plant, or otherwise, in or upon any Ground, Earth, Field, or Place within the Kingdom of England, Dominion of Wales, Islands of Guern­sey or Jersey, The penalty. or Town of Berwick upon Tweed, or in the Kingdom of Ireland, under the penalty of the Forfeiture of all such Tobacco, or the value thereof, or of the sum of forty shillings for every Rod or Pole of Ground so Planted, set, or Sowen as aforesaid; and so proportionably for a greater or lesser quantity of Ground, one Moyety thereof to His Majesty, His Heirs and Suc­cessors; And the other Moyety to him or them that shall Sue for the same, to be recovered by Bill, Plaint, or Information in any Court of Record, wherein no Essoigne, Protection, or wa­ger in Law shall be allowed.

All Sheriffs and other offi­cers may de­stroy any To­bacco planted contrary to this Act.And it is hereby further Enacted, That all Sheriffs, Iustices of the Peace, Mayors, Bailiffs, Constables, and every of them, upon Information or Complaint made unto them, or any of them, by any the Officers of the Customes, or by any other Person or Persons whatsoever, That there is any Tobacco set, sowen, planted, or growing within their Iurisdictions or Precincts, contrary to this Act, shall within ten daies after such Information or Complaint, cause to be burnt, plucked up, consumed, or utterly destroyed, all such Tobacco so set, sowen, planted or growing.

The penalty of any person re­sisting this act.And it is hereby further Enacted, That in case any Person or Persons shall resist, or make for­cible Opposition against any person or persons in the due and through Execution of this Act, that every such person or persons, for every such Offence, shall forfeit the sum of five pounds to be divi­ded and recovered in manner aforesaid. And in case any person or persons shall not pay the sums of money by them to be paid, by vertue of this Act, That in every such case, Distress shall be made and Sale thereof, returning the Over-plus to the Owners; And in case no Distress be to be found, That then every such party shall be committed to the Common Goal in the County where such Offence shall be committed, there to remain for the space of two moneths, without bail or main-prize.

Proviso, for private Gar­dens.Provided alwayes, and it is hereby Enacted, That this Act, nor any thing therein contained, shall extend to the hindring of the planting of Tobacco in any Physick Garden of either Vniver­sity, or in any other private Garden for Physick or Chirurgery, only so as the quantity so planted excéed not one half of one Pole in any one Place or Garden. Stat. 13 Car. 2. cap. 14.

CAP. XXXV.

WHereas for the maintenance of mutual Correspondencies, and prevention of many In­conveniencies happening by private Posts,The well or­dering of post­age and letters of great con­cernment to Trade. several publick Post-Offices have béen here­tofore erected for carrying and recarrying of Letters by Posts, to, and from all parts and places within England, Scotland, and Ireland, and several parts beyond the Seas; the well Ordering thereof, is a matter of general concernment, and of great advantage, as well for pre­servation of Trade and Commerce, as otherwise: To the end therefore, that the same may be managed so, that spéedy and safe dispatches may be had, which is most likely to be effected, by erecting one general Post-Office for that purpose;

Be it therefore Enacted by the Kings most Excellent Majesty,A Letter-office erected in Lon­don. the Lords and Commons in this present Parliament assembled, and by the Authority of the same, That there be from henceforth one general Letter-Office erected and established in some convenient place within the City of London, A master of the Office to be appointed by the King. Post-master General. from whence all Letters and pacquets whatsoever may be with spéed and expedition sent unto any part of the Kingdoms of England, Scotland, and Ireland, or any other of his Majesties 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 Kings Majesty, His Heirs and Successors, to be made and constituted by Letters Patents under the Great Seal of England, by the name and Stile of his Majesties Post-Master 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 spéed, 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 Majesties Dominions, and to and from all and every the Kingdoms and Countries beyond the Seas, where he shall settle or cause to be setled posts or running Messengers for that purpose. Except such Letters as shall be sent by Coaches, common known Carriers of Goods by Carts, Waggons, or Packhorses, and shall be carried along with their Carts, Waggons, and Packhorses respectively; And except Letters of Merchants and Masters which shall be sent by any Masters of any Ships, Barques, or other Ves­sel of Merchandize, or by any other person imployed 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 wayes 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 Procéedings, or the Returns thereof, issuing out of any Court.

And be it further Enacted by the Authority aforesaid,The Post-ma­ster General and no other to provide horses for riding post. That such Post-Master 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 Post-Master 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 setled and established.

And be it further Enacted by the authority aforesaid, That it shall and may be lawful to and for such Post-Master 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 excéed the same (that is to say), For the Port of every Letter not excéeding one shéet, to or from any place not excéeding fourscore English miles distant from the place where such Letter shall be received, Two pence; And for the like port of every Letter not excéeding two shéets, Four pence; And for the like port of every pacquet of Letters proportionably unto the said Rates; And for the like port of every pacquet of Writs, Déeds, and other things, after the Rate of Eight pence for every ounce weight; and for the port of every Letter not excéeding one shéet, above the distance of fourscore English miles from the place where the same shall be received, Thrée pence; And for the like port of a Letter, not excéeding 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 pacquet of writs, Déeds, or other things, after the rate of Twelve pence of English money for every Ounce weight; and for the port of every letter not excéeding One shéet, from London unto the Town of Berwick, or from thence to the City of London, Thrée pence of English money; And for the like port of every letter not excéeding two shéets, Six pence; and proportionably unto the same rates, for eve­ry pacquet of letters, and for every other pacquet 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 [Page 72] excéeding Two shéets, Four pence; and proportionably to the same rates for every pacquet of let­ters, and for every other pacquet or parcel, Eight pence for every Ounce weight; and for every letter not excéeding One shéet, to be conveyed or carryed a further distance then Forty English miles, Four pence; And for the like port of every pacquet of letters, Eight pence: and proporti­onably unto the same Rates for the like port of every pacquet of letters, and for the like port of every other pacquet, One shilling for every Ounce weight; and for the port of every letter not ex­céeding 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 ex­céeding two shéets, one shilling, and proportionably to the same rates for every pacquet of letters, and for the port of every other pacquet 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 carryed 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 mony hereafter following, viz. For every Letter not excéeding 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 excéeding two shéets, Four pence; and proportionably to the same Rates for every pacquet of letters, and for every pacquet of greater Bulk, Eight pence for every Ounce Weight; and for every letter not excéeding one shéet, to be carryed or conveyed a further distance then forty English miles, Four pence; and for the like port of every letter not excéeding two shéets, Eight pence; and proportionably unto the same Rates for the like port of every pacquet of letters, and for the like Port of every Pac­quet 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 béen taken for Letters, Pacquets, and parcels so con­veyed, being rated either by the Letter, or by the Ounce weight,

That is to say,

[Page 73]Provided alwayes, That all Merchants Accompts not excéeding 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 excéeding one fourth part of a shéet of paper sent to Marseilles, Venice or Legorne, to be sent forward to Turky, 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 béen heretofore setled, and may hereafter be setled by the said Post-Master General for the time being, his Executors or Assigns: And it shall and may be lawfull to and for such Post-Master 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, Thrée 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 Majesties Dominions, many Letters directed to several Merchants and others, have béen detained long to the great damage of the Merchants, in want of that spéedy advice and in­telligence which they might have had if the same had béen forthwith dispatched by the setled Posts; and sometimes such Letters have been delivered by the Masters or Passengers of such Ships to ignorant and loose hands, that understand not the way and means of spéedy 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 Majesties Dominions, or any of the Members thereof, o­ther then 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 Post-Master 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 politick or Corporate other then such post-Master 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 Assignes, shall presume to carry, recarry, and deliver Letters for Hire, other then as before excepted, or to set up or imploy 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 Lettters or pacquets by Sea or Land within his Majesties 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 Horne, 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 wéeks time that any Offender against this Act shall imploy, 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 Majesties Courts of Record, wherein no Essoigne, priviledge, protection or Wager of Law shall be admitted,Proviso where any Post-master 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 moyety thereof to his Majesty, and his Heirs and Successors, and the other moyety 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 alwayes, That if any post-Master 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 alwaies, That if through default or neglect of the Post-Master General aforesaid,Proviso touch­ing Post-ma­sters that do not sufficient­ly provide hor­ses, &c. 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 Post-Master General shall forfeit the sum of Five pounds sterling, the one moyety to his Majesty, his Heirs and Successors, and the other moyety 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 alwayes, 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 frée Liberty to send and imploy 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.

[Page 74] Proviso against carrying any pacquet out of England in any forreign vessels.Provided alwayes, That if the Pacquet or Maile shall be carryed 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 post-Master General shall forfeit the sum of one hundred pounds Sterling; The one moyety to his Majesty, His Heirs and Successors, and the other moye­ty 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 post-Master General, or any other Imploy­ment relating to the said Office, unless he or they shall first take the Oaths of Allegiance and Su­premacy, before any two Iustices of the peace of the respective Counties wherein such person or persons are or shall be resident, which said Iustices are hereby Authorized to administer the said oaths accordingly.

Proviso. Truro. Penrin. Kendall. Lancaster. Penrith. Carlisle. Grimsby. Post-Master to continue constant posts.Provided also, and be it Enacted by the Authority aforesaid, That a Letter or pacquet-post shall twice every wéek come by the way of Truro and Penrin to the Town of Marketiew alias Marhasion in the County of Cornwall; and once a wéek 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 Burrough 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 post-master 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 lye out of the post-roads, as hath béen used for the space of thrée years last past, 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 Majesties Courts of Record, the one moyety to the use of his Majesty, the other moyety to the use of the Informer. And for the better management of the said post-Office, and that the peo­ple of these Kingdomes may have their intercourse of Commerce and trade the better maintained, and their Letters and advises conveyed, carried and recarried with the greatest spéed, security, and convenience that may be;

Penalty for e­very omission. The Post-ma­ster, &c. to ob­serve such or­ders as his Majesty shall make.Be it further Enacted, That the said post-Master 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 Majesties Dominions, and the providing and kéeping 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 post-master General,His Maiesty 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, privi­ledges, fées, perquisites and emoluments thereunto belonging, or to belong, either for life or term of years, not excéeding 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 alwayes, 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 alwayes, and be it Enacted by the Authority aforesaid, That all Inland Letters sent by any Pacquet 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 alwayes, That all Letters, and other things, may be sent or conveyed to or from the Two Vniversities in manner as heretofore hath béen 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, impowred 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.

CAP. I.

THe Lords and Commons assembled in Parliament déeply weighing and considering the mi­series and calamities of well nigh twenty years, before your Majesties happy Return,The grounds and Induce­ments of this Act. and withall, reflecting upon the causes and occasions of so great and deplorable conclusions, do in all humility and thankfulness acknowledg Your Majesties incomparable Grace and Goodness to your People, in your Frée and General Pardon, Indempnity and Oblivion, by which your Majesty hath béen 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 Maiesty hath enflamed the hearts of us your Subjects with an ardent desire to express all possible zeal and duty in the care and preservation of your Majesties 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 encrease of the late Troubles and Disorders, did in a very great measure procéed from a multi­tude of Seditious Sermons, Pamphlets and Spéeches, 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 Supream 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 Iustice to support them; from which kind of distempers, as the present age is not yet wholly fréed, 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 premisses,13 El. cap. 1. and remembring that in the Thir­téenth year of the Reign of Quéen Elizabeth of ever blessed memory, a right good and profitable Law was made for preservation of her Majesties Person, Do most humbly beséech 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 Soveraign 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 intend 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 Soveraign Lord the King, or to deprive or depose him from the Stile, Honour, or Kingly name of the Imperial Crown of this Realm, or of any other his Majesties Dominions or Countries, or to levy War against his Majesty within this Realm, or without, or to move, or stir any Forreiner or Strangers with Force to invade this Realm, or any other his Majesties Dominions or Countries being under his Majesties Obeysance: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 tryal,Convicted by due course of Law. or other­wise convicted or attainted by due course of Law, then every such person and persons so as afore­said offending, shall be déemed, declared, and adjudged to be Traytors, and shall suffer pains of death, and also lose and forfeit as in cases of High Treason.Offences (du­ring his Ma­jesties 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 Majesties life, shall maliciously and advisedly publish or affirm the King to be an Heretick 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, then every such per­son [Page 76] 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 imployment in Church or State, other then that of his Péerage, and shall likewise be lyable 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 demeanor, 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 béen 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 malitiously 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,Premunire. 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 Premunire 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, &c. may be made use of according to the Act of In­dempnity. Stat. 12 Car. 2. cap. 11. And it is hereby also declared, That the Oath usually called the Solemn League and Covenant, was in it self an unlawfull 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 expresly 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 Politick and Corporate, who have béen, 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 voyd, and are Indempnified by an Act entituled An Act of free and General Pardon Indempnity and Oblivion, made in the Twelfth year of His Majesties Reign that now is, or shall be Indempnified by an [...] Act of Parliament, shall and may make such use of the said Orders and Ordinances for their In­dempnity 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 béen made, any thing in this Act contained to the contrary notwithstanding.

No person to be prosecuted for any offen­ces in this Act (other then Treason (un­less by special order from his Majesty: And within six moneths after the of­fence commit­ted. Treasons and offences with­in this Act to be proved by two witnesses viva v [...]Provided alwayes, That no person be prosecuted for any of the offences in this Act mentioned (other then such as are made and declared to be high Treason) unless it be by Order of the Kings 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 vertue of this present Act incur any of the penalties herein before mentioned, unless he or they be prosecuted within six moneths next after the Of­fence committed, and indicted thereupon within thrée moneths after such prosecution, any thing herein contained to the contrary notwithstanding.

Provided alwayes, 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 Priviledg at Debates in Parliament. For repeal or alteration of Laws, or re­dressing pub­lick 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 Fréedom and Priviledg 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 publick Grievance; but that the said Mem­bers of either of the said Houses, and the Assistants of the House of Péers, and every of them, [Page 77] shall have the same fréedom of spéech, and all other Priviledges whatsoever, as they had before the making of this Act; any thing in this Act to the contrary thereof in any wise notwithstanding.

Provided alwayes, and be it Ordained and Enacted,Proviso, for Peerage and Peers. That no Péer of this Realm shall be tryed 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 béen convicted; any thing in this Law to the contrary in any wise notwithstanding.

CAP. II.

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, Entituled, An Act for dis-enabling 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, Entituled, An Act for dis-enabling 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.

WHereas divers Doubts have béen made, whether or no the Monies, Goods, Chattels, and other things excepted to be accounted for in the Act of Frée and General Pardon, In­dempnity and Oblivion, made and passed in the Parliament begun at Westminster the Five and twentieth day of April, in the Twelfth year of your Majesties Raign, do belong unto, and of right are in your Majesty; for that the same were not levied, received, collected, or taken by your Majesties Authority, or to your Majesties use: For remedy, and clearing whereof,Goods and Monies levied since the 30. of Ian. 1642. and not par­doned, are vested in his Majesty. We the Lords and Commons assembled in Parliament humbly beséech 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, Iewels, Horses, Arms, Ammunition, and other things whatsoever, levied, received, or taken sithence 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 publick use, which are not pardoned by the said Act, which are not other­wise vested and setled in the Kings Majesty, and all Bonds, Obligations,Stat. 12 Car. 2. cap. 11. and other Securities entred into for the same, or any part thereof, be and are hereby vested and setled in the Kings 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 béen levied, received, collected, or taken in his Majesties Name by Authority from his Ma­jesty, or to his Majesties use, any Law, or Statute, Vsage, 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 publick use, by way of Imprest, 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 Majesties Exchequer, or any other publick 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 ought to have.

And to the end his Majesty may be the better enabled to discover,Commissions for discovery. and sue for all such Mo­nies, Goods, and other things invested in his Maiesty by this Act; it is further ordained and [Page 78] 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 Majesties 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 ac­comptable, all sums of Money and Arrears, in such manner and form as they might have recove­red and levyed 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 Iune 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 moneths after the Exhibition thereof.

CAP. IV.

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.

Tumultuous and disorderly preparing peti­tions a great occasion of the late wars and calamities.VVHereas it hath béen found by sad experience, that Tumultuous, and other Disorderly sol­liciting, 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 publick Concernments, have béen made use of to serve the ends of Fac­tious and Seditious persons gotten into power, to the violation of the publick Peace, and have béen 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 sol­licite or pro­cure any peti­tion, &c. for altering any established law in Church or state.Be it Enacted by the Kings most Excellent Maiesty, 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, Sol­licite, 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 béen first consented unto, and Or­dered by thrée or more Iustices of the County, or by the Major part of the Grand Iury of the County, or division of the County where the same matter shall arise at their publick Assizes, or General Quarter Sessions, or if arising in London, by the Lord Mayor, Aldermen, and Com­mons in Common Councel 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 excéeding the sum of one hundred pounds in money, and thrée moneths Imprisonment without Bail or Mainprize for every offence, to be prosecuted at the Court of Kings Bench, or at the Assizes, or General Quarter Sessions within six moneths after the offence committed, and proved by two or more credible witnesses.

Proviso.Provided alwayes, that this Act, or any thing therein contained, shall not be construed to ex­tend, to debar or hinder any person or persons, not excéeding the number of Ten aforesaid, to present any publick 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 Kings 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 fréedom of Access to his Majesty, as heretofore hath béen used.

CAP. VI.

The command of the Militia by Sea and land, the un­doubted right of his Maje­sty.FOrasmuch as within all His Majesties Realms and Dominions, the sole Supream 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 Quéens of England; and that both, or ei­ther [Page 79] of the Houses of Parliament cannot, nor ought 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 béen practised almost to the Ruine and Destruction of this Kingdom; and during the late usurped Governments, many evil and Rebellious Principles have béen 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 béen Insurrections, by occasion whereof divers of his Majesties good Subjects have béen murther­ed; and for the securing the Peace of the Nation, and preventing further disorders, divers per­sons suspected to be Fanaticks, Sectaries, or Disturbers of the Peace, have béen Assaulted, Ar­rested, Detained or Imprisoned, and divers Arms have béen seised, 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 Kings 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 indempnified in this behalf: And also all Magi­strates, Iustices of the Peace, Officers and Ministers of Iustice, 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 Fanatick, Sectary, or Disturber of the Peace, or seising of Arms, or searching of Houses for Arms, or for suspected persons, shall be, and are hereby saved harmless, and indempni­fied 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 déemed, 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 Souldier, by Vertue 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 Kingdome: Which Oaths the Lords of His Privy Council, or any six of them, are hereby impowred to administer to any Péer of this Realm, who shall be Commissionated by Vertue 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.

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 Majesties Dominions, The Lords and Commons being assembled at Westminster, the Five and twentieth day of April, in the Twelfth Year of his Majesties Reign, were from thence, and af­ter his Majesties Return, continued until the Nine and twentieth day of December, then 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 Entituled,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, Indempnity and Oblivion: One other Act Entituled, A Subsidy granted to the King of Tunnage and Poundage, and other Sums of Money payable upon Merchandize Exported and Impor­ted: [Page 80] One other Act Entituled, An Act for continuing the Excise until the Twentieth of August One thousand six hundred and sixty: One other Act Entituled, An Act for Continuing the Excise till the Five and twentieth Day of December One thousand six hundred and sixty: One other Act Entituled, 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 Entituled, An Act for Confirmation of Judicial Proceedings: One other Act Entituled, An Act for the speedy Disbanding of the Army and Garrisons of this Kingdom: One other Act Entituled, An Act for Supplying and Explaining certain Defects in an Act Entituled, 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 Entituled, An Act to prevent Frauds and Concealments of His Majesties Customs and Subsidies: One other Act entituled, An Act for Raising Sevenscore Thousand Pounds for the compleat Disbanding of the whole Army, and Paying off some part of the Navy: One other Act entituled, A Grant of certain Impositions upon Beer, Ale, and other Liquors, for the Increase of His Majesties Revenue during his Life: One other Act enti­tuled, An Act for taking away the Court of Wards and Liveries, and Tenures in Capite, and by Knights Service, and Purveyance, and for Setling a Revenue upon his Majestie in lieu thereof: One other Act entituled, 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 Entituled, An Act for the Levying of the Arrears of the Twelve Moneths Assessment commencing the Four and Twentieth day of June, One Thousand Six Hundred Fifty and Nine: and the Six Moneths Assessment commencing the Five and Twentieth of December, One Thousand Six Hundred Fifty and Nine: One other Act entituled, An Act for Granting unto the Kings Majesty Four Hundred and Twenty Thousand Pounds, by an Assessment of Threescore and Ten Thousand Pounds by the Moneth, for Six Moneths, 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 entituled, An Act for the further Supplying and Explaining certain Defects in an Act Entituled, 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 entituled, An Act for the Raising of Seventy Thousand Pounds for the further Supply of His Majesty: One other Act en­tituled, 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 Entituled, An Act for Erecting and Esta­blishing a Post-Office: One other Act entituled, 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 adiudged, déemed, and taken to all Intents and Purposes whatsoever, and as if the same had béen made, declared, and Enacted by Authority of this present Parliament.

CAP. VIII.

Stat. 12 Car. 2. cap. 24.WHereas by an Act made in Parliament in the Twelfth year of His Majesties Reign, Entituled, An Act for taking away the Court of Wards, and Liveries, and Tenures in Ca­pite and by Knights Service, and Purveyance, and for setling a Revenue upon His Majesty in lieu thereof: It was (amongst other Things) Enacted for the Reasons and Recompence 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 Quéen of England for the time being, or of any the Children of any King, or Quéen of England, that shall be, or for his, their, or any of their Houshold, shall take any Cart, Carriage, or other thing whatsoever of any of the Subjects of His Majesty, his Heirs, or Successors, without the frée 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 Cattel, Carts, Ploughs, Wayns, or other Carriages, for the use of his Majesty, his Heirs or Successors, or of any Quéen of England, or of any Child, or Children of any the Kings, or Quéens of England for the time being, for the Carrying the Goods of his Majesty, his Heirs or Successors, or the said Quéens, or Children, or any of them, without such full and frée consent, as aforesaid, any Law, Statute, Custome, or Vsage to the contrary notwithstanding; which Act may prove very prejudicial and inconve­nient to the Kings 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 Maj [...]sties car­riages, by Warrant from the Green­cloath to pro­vide Carts, &c. for his Ma­jesties 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 Clark, or chief Officer of his Majesties Carriages, shall thrée dayes at least before his Majesties Arrival, by Warrant from the Gréen cloth, give notice in writing to two, or more of his Majesties Iustices of the Peace next adjoyning, 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, [Page 81] 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 Majesties Subjects of this Realm shall refuse to provide and furnish His Majesty that now is, or His Quéen that shall be, or His or Her Houshold, in their Progress, or removals, with such sufficient and necessary carriages for their Wardrobe, and other necessaries, for ready monies tendred to them; or shall without just and reasonable cause refuse to make their appearance with such sufficient Carts and Carr [...]ges, as are before exprest; that then upon due proof and conviction of such neglect and refusal, by the Oath of the Constable or other Officer, or two other credible Witnesses, before the said Iustices 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 (rendring to the parties the overplus upon every such sale, if there shall be any) by Warrant from the said Iustices of the Peace, Mayor, or other chief Officer.

Provided alwayes, That no Horses, Oxen, Cart or Wain,No horses or carriages to travel above a dayes journey, nor without pay of ready money. shall be enforced to travel above one dayes 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 Iustice 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 evill will, who ought not to make such Carriage, or shall Impress more Carriages then he shall be directed from the Gréen 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 Majesties Courts of Record; wherein no Protection, Essoin,Penalty for wrongfull 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 Majesties service, other then the person so impowered, then 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 Majesties Progresses, excessive Rates and Prices have béen exacted from his Maiesties servants for lodging, horse-meat, stable-room, and other accomodations;Rates for horse-meat and diet for his Majesties 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 dyet, 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 Iusti­ces of the Peace. that any two or more of the Iustices of the Peace near adjoyning to the Road through which his Majesty is to pass, shall immediately after notice in writing from the said Gréen Cloth, and Avenor, under their hands and seals set down and appoint such reasonable Rates and Prices to be paid during his Majesties abode there, both for hay & oats, and other accomodations for horses, as they in their discretion shall think méet; which Rates, one day at the least before his Majesties coming to such place, the said Iustices shall cause to be proclaimed in the Market Town next to such place,Penalty for taking more then limited for lodging, &c. and in such of the Neighbouring Towns and Villages as to them shall séem méet, 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 accomodations, and be thereof convicted by confession of the party, or by the Oath of one credible witness, before any one Iustice of the Peace (which Oath the said Iustice 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 Iustice 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.

FOr the regulating and better Government of his Majesties 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 duely and respectively put in Execution, observed, and obeyed in manner hereafter mentioned.

CAP. X.

For the better preventing of the unlawful Coursing, Hunting, Taking, or Killing of Déer,Vnlawfull hunting or killing of Deer. by many Idle, Loose, 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 Déer, in any Forrest, Chase, Purleiw, Paddock, Wood, Park, or other Ground where Déer are, or have béen usually kept within the Realm of England, or Dominion of Wales, without the consent of the Owner, or person chiefly intrusted with the custody thereof, or shall be aiding or assisting therein, and shall be convicted thereof, by the confession of the party, or by the Oath of one or more credible witnes­ses, before one or more Iustices of the Peace (who are hereby impowred to administer an Oath to that purpose) such person being prosecuted for such offence within six moneths 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 Iustices hand, before whom such conviction shall be made;The Penalty. the one moyety of the said Twenty pounds to be given to the Informer, and the other moyety to the Owner of the Déer; And for want of sufficient Distress, the Offender shall be committed to the House of Cor­rection for six moneths, and there to be put to hard labour, or to the Common-Gaol for one whole year, without Bail or Main-prize, at the Discretion of the Iustices 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 inlarge­ment,) 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.

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 Majesties 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 then next following, and then dissolved; which said Acts are herein after particularly mentioned and expressed by the seve­ral [Page 86] 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 Entituled, An Act for the raising of Seventy thousand pounds for the further Supply of his Majesty; And one other Act entituled, An Act for Confirmation of Marriages; and one other Act entituled, 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, déemed, and taken to all intents and purposes whatsoever, and as if the same had béen made, declared, and Enacted by Authority of this present Parliament.

CAP. XII.

VVHereas in an Act of Parliament made in the Seventeenth year of the late King Charles, Entituled, 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 Arch-bi­shop, Bishop, nor Vicar-General, nor any Chancellor, nor Commissary of any Arch-Bishop, Bi­shop, or Vicar-General, nor any Ordinary whatsoever, nor any other Spiritual or Ecclesiastical Iudg, Officer, or Minister of Iustice, nor any other person or persons whatsoever, exercising Spi­ritual or Ecclesiastical Power, Authority, or Iurisdiction, by any Grant, License, or Commis­sion of the Kings Majesty, His Heirs or Successors, or by any Power or Authority derived from the King, His Heirs or Successors, or otherwise, shall (from and after the first day of August, which 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 Kings Subjects, for any contempt, misdemeanor, crime, offence, matter, or thing whatsoever, belonging to Spiritual or Ecclesiastical Cognizance or Iurisdiction, whereupon some doubt hath béen made, that all ordinary power of Coertion and Procéedings in Causes Ecclesiastical were taken away, whereby the ordinary course of Iustice in Causes Eccle­siastical hath béen 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, &c. 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 Iurisdiction, may procéed, determine, sentence, execute, and exer­cise all manner of Ecclesiastical Iurisdiction,May use Ec­clesiastical Iu­risdiction. 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 Iurisdiction, according to the Kings 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 alwayes, 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 Quéen 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 Quéen Eliza­beth, shall stand and be repealed in such sort as if this Act had never béen made.

Provided also, and it is hereby further Enacted, That it shall not be lawful for any Arch-Bi­shop,Proviso tou­ching the oath Ex Officio. Bishop, Vicar-General, Chancellor, Commissary, or any other Spiritual or Ecclesiastical Iudg, Officer, or Minister, or any other person, having or exercising Spiritual or Ecclesiastical Iurisdiction, 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 tendred or administred, may be charged or compelled to confess, or accuse, or to purge him, or her self of any criminal mat­ter or thing, whereby he or she may be lyable to any censure or punishment; Any thing in this Sta­tute, or any other Law, Custom, or Vsage heretofore to the contrary hereof in any wise notwith­standing.Proviso not to give any other Iurisdiction to any Arch­bishop, &c. than they had by law before the year 1639. The Kings Supremacy in Ecclesiastical matters. Canons Ec­clesiastical.

Provided alwayes, That this Act or any thing therein contained, shall not extend or be constru­ed to extend to give unto any Arch-Bishop, Bishop, or any other Spiritual or Ecclesiastical Iudg, Officer, or other person or persons aforesaid, any power or authority to exercise, execute, inflict, or determine any Ecclesiastical Iurisdiction, Censure, or Coertion, which they might not by Law have done before the year of our Lord 1639, nor to abridg or diminish the Kings Majesties 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.

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 wayes 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 Accompt from Farmers of Excise, or any other person or persons whatsoever, or any of their Securities, and not pardoned by his Majesties most Gratious Act of Pardon and Oblivion, be, and are hereby vested and setled in the Kings 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 accomptable for the same, or any part thereof, and from his and their respective Sureties, and Securities; as if the same Duties of Excise had béen lawfully Assessed, Imposed, and Collected; and as if the several pretended Acts, Orders, and Ordinances, Assessing and Imposing the same, had béen 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 entred into by the respective Sure­ties and Securities had, at the time of entring into the same, béen taken in his Majesties Name, according to the form prescribed in the Statute made in the Thrée and thirtieth year of the Reign of King Henry the Eight.33 H. 8. c. 39.

Provided alwayes, That all and every person and persons accomptable by vertue of this Act,Proviso for allowances. St. 12 Car. 2. cap. 11. shall have all such due allowance in his or their accompts, as all such persons whose accompts are accepted in an Act, Intituled, An Act of Free and General Pardon, Indempnity, and Oblivion, have, or ought to have.

Provided alwayes,Proviso no person to be questioned, un­less he be such before the 25 of December 1662. All persons accomptable 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 accomptable 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 accomptable, 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.

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 Maje­sties Dominions; The Lords and Commons being assembled at Westminster the Five and twen­tieth day of April, in the twelfth year of his Majesties Reign, were from thence, and after his Ma­jesties return, continued untill the nine and twentieth day of December then 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, En­tituled, 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. En­tituled, An Act for Prohibiting the Exportation of Wooll, Wool-fells, Fullers Earth, or any kind of Scouring Earth. One other Act, Entituled, 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, Entituled, An Act for prohibiting the Planting, Setting, or Sowing of Tobacco in England and Ireland. One other Act, Entituled, An Act for restraining the ta­king of Excessive Usury. One other Act, Entituled, An Act for the present nominating of Commissioners of Sewers. One other Act, Entituled, An Act for the Incorporating of the Master and Wardens of the Company of Haberdashers, LONDON, to be Governors of the Free-School and Alms-houses in Newport in the County of Salop, of the Foundation of [Page 88] William Adams, and for Setling of Lands and Possessions on them for maintenance thereof, and other charitable Uses. And all and every the Clauses, Sentences, and Articles in them and every of them 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, déemed and taken, to all intents and purposes whatsoever, and as if the same had béen Made, Declared and Enacted by Authority of this present Parliament.

CAP. XV.

St. 12 Car. 2. cap. 11. The Lands and Tene­ments of the persons decea­sed, not dis­charged by the Act of General Pardon.VVHereas in a certain Act passed in the late assembly held at Westminster, in the Twelfth year of His Majesties Reign, and confirmed by the Authority of this present Parlia­ment, Entituled, An Act of Free and General Pardon, Indempnity, 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 Moore deceased, John Aldred, alias Alu­red deceased, Humphrey Edwards 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 béen wicked and active Instruments in the prosecution and compassing of that horrid and Execrable Treason, the Murther of our late Soveraign Lord King CHARLES the First, of ever blessed memory. And whereas William Lord Mounson, James Challoner, Sir Henry Mildmay, Sir James Harrington, John Phelps, and Robert Wallop, who in the moneth of January, One thousand six hundred forty eight, did act and fit in that Traiterous Assembly which procéeded against the Person and Life of our said late So­veraign Lord King CHARLES the First; and Sir Arthur Haslerig, who in his life did com­mit many horrid and Traiterous 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 Challoner 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 beséech your Majesty, That it may be enacted,; And be it Enacted by the Kings most Excellent Majesty, by and with the ad­vice and consent of the Lords and Commons in this present Parliament assembled,The Mannors, Lands, &c. of the persons na­med. and by autho­rity of the same, That all and every the Mannors, Messuages, Lands, Tenements, Rents, Rever­sions, Remainders, Possessions, Rights, Conditions, Interests, Offices, Fées, 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 Moore, John Aldred, alias Alured, Humphrey Edward, Sir Gregory Norton, John Venn, Thomas Andrews, Of which they were seised 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, &c. 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 Challoner, 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 déemed, 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 Moore, 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 Challoner, 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 déemed 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.

[Page 89]Provided alwayes, 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, &c. 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 Mannors, Lands, Tenements or Hereditaments, not being the Lands nor Hereditaments of the late King, Quéen 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 vertue 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, Iudgment or Recognizance, had, made, acknowledged or suffered to any person or persons, Bodies politick or Corporate, before the Nine and Twentieth day of September, one thousand six hundred fifty and nine, by any of the 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 then 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 politick or Corporate, shall be Impeached, defeated, made voide, 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 béen made, so as the said Conveyances, and all and every the Grants and Assurances, which by vertue of this Act are, and ought 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 inrolled in the Exchequer be­fore the first of Ian. 1662. One thou­sand six hundred sixty and two, be entred, and enrolled of Record in his Majesties 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 Preheminences 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, Stile, 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 stréets of London unto the Gallowes at Tiburn, 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 alwayes,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 accomp­table to the Kings Majesty for all such Legacies as they have respectively received, and shall pay the same to the Kings most Excellent Maiesty.

Provided alwayes, 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 Conies therein, for the term of thrée 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 Premisses being part of the Possessions of the Bishop of Winchester, the said Sir William Lewes hath surrendred unto the said Bishop, and hath now taken a new Lease thereof for thrée lives, from the Bishop of Winchester, the which said Lease for thrée 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 alwayes to all and every person and persons, Bodies politick, 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 ought to have of, in, to, or out of any the Premisses, not being in Trust for any the said Offenders, nor derived by, [Page 90] from, or under the said offences, since the five and twentieth day of March, one thousand six hundred forty six; saving alwayes 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, Vse, Interest and Possession, which they, or any of them, or any in trust for them, or any of them, have or had, or ought to have, of, in, to, or out of the Man­nors, 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 béen made.

Proviso for Rachel Powre.Provided also, that this Act, nor any thing herein contained, shall extend to preiudice the Estate and Interest in Law or Equity of Rachel Powre Widow, of, in, and to one Copyhold Mes­suage and Mill thereunto belonging, with their Appurtenances, Scituate, lying and being in Chepmansford in the County of Southampton, being parcel of the Mannor of Husband Priors, which by order and decrée 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 Powre to hold and enjoy the same according to the said Decrée.

Proviso for Sir John Bour­chier.Provided alwayes, and it is hereby further Enacted, That it shall and may be lawfull 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 Majesties 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.

CAP. I.

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 Imployment 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 tendring to all such the Oaths of Allegiance and Supre­macy, and this Oath following.

And also for subscribing this following Declaration.

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 [Page 91] likewise take the aforesaid thrée 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 administred; And in default hereof, every such placing, election and choice is hereby Enacted and Declared to be void.

CAP. II.

WHereas by the Ancient and Fundamental Laws of this Realm,The antient fundamental Law in pro­ceeding to ar­rests upon Suits, to ex­press the true cause of Acti­on in the Pro­cesse. in case where any person is Sued, Impleaded, or Arrested, by any Writ, Bill, or Process, issuing out of any of His Majesties 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 past, very many of His Majesties good Subjects have béen arrested upon general Writs of Trespass, quare clausum fregit, Bills of Mid­dlesex, Latitat's, and other like Writs issued out of the Courts of Kings 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 béen 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 béen little or no cause of Action, and often times there are no such persons who were named Plaintiffs, but those Arrests have béen, many times, procured by malitious 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 béen, and are daily, undone and destroyed in their Estates, without possibility of having Reparation: The Actors imployed in such practises having béen (for the most part) poor and lurking persons, and their Actings so secret, that it hath béen 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 uniust 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 Kings 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, Vnder-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 Kings 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 thrée 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, excéeding 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 thrée 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 Entred 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 judgment and costs against the Plaintiff. be and are hereby satisfied and discharge­ed; And that after such Appearance so entred, 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 Non-suit for want of a Declaration, may be Entred against the said Plaintiff or Plaintiffs in the said Courts respectively; And that every Defendant in every such Writ, Bill, or [Page 92] Process named, shall or may have Iudgment 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 thrée 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, Custome, Order, Course, or Vsage of either of the said Courts to the contrary thereof, heretofore had, made, admitted, or used in any wise notwithstanding.

Provided alwayes, 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 Privi­ledg, excepted. nor be construed or taken to extend unto any Arrests hereafter to be made, upon or by Vertue of any Writ of Capias utlagatum, Attachment upon Rescous, or Attachment upon any Contempt, or of any Attachment of Priviledge, at the Suit of any priviledged 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 Vnder-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 béen 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 Iust Debts, continue Prisoners in the Fléet, who cannot be procéeded 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 Fléet, 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 Iustices 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 Barr, 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 daies at the least after such Appearance, Iudgment by Nihil dicit may be entred 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.

Delayes in Suites, by rea­son of 15 dayes between the Teste and Re­torn of writs, remedyed in actions perso­nall.And whereas very many Suits Commenced by Original Writs, have béen protracted and long delayed from Iudgment and Execution, by reason of the necessity of having fiftéen dayes at the least, betwéen the dayes of the Teste, and the dayes 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 easie expediting Trials, and the better and more spéedy exe­cuting of Iudgments 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 Majesties Courts aforesaid, after any issue therein ioyned to be tried by a Iury, and also after any Iudgment 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 lyeth after Iudgment, or to make the Bail appear, excepted. 3. Jac. cap. 8. Touching staying execu­tions by Su­persedeas or Writs of Er­rour, and what actions it may be stayd. There shall not néed to be fiftéen dayes be­twéen the Teste day and the day of Retorn 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 Fiftéen dayes between the Teste day and the day of Retorn of any such Writ shall not be, nor shall be assigned, taken or adjudged to be any matter or Cause of Errour, any Law, Custome, Statute, Course, or Vsage 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 Iudgment 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 béen made.

And whereas by an Act of Parliament made in the third year of the Reign of our late So­veraign Lord King James of Blessed Memory, a very good Law was made for avoiding un­necessary delayes of Execution; Whereby it is Enacted, That no Execution shall be stayed or delayed upon or by any Writ of Errour, or Supersedeas thereupon to be sued for the reversing of any Iudgment to be given in any Action, or Bill of Debt, upon any single Bond for Debt, or upon [Page 93] any Obligation with Condition for payment of money onely, 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 Iudgment 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 Iudgment was or should be given, by Recognizance to be acknowledged in the same Court, in double the sum adiudged to be recovered by the said former Iudgment, to prosecute the said Writ of Error with effect, and also to satisfie and pay (if the said Iudgment shall be affirmed) all and singular the Debts, Damages, and Costs adjudged, or to be adjudged upon the former Iudgment; And all Costs and Damages to be also awarded for the same delaying of Execution, which Law hath béen found by experience to be very good and beneficial to the Common-Wealth; And forasmuch as divers other Cases within the same mischief, by de­layes and staying of Execution by Writs of Error and Supersedeas thereupon, are not provi­ded for by the said Statute; For further remedy against delayes 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 Iudgment 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 Tythes, 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 Iudgment 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 Iudgment what­soever given after any Verdict in any of the Courts aforesaid, and the said Iudgment shall after­wards be affirmed, then 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, &c. 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 Tythes 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 Kings Majesty Twelve hundred and threescore thousand pounds to be Assessed and Levied by an Assessment of Threescore and ten thousand pounds by the Moneth, for Eighteen Moneths. EXP.

CAP. IV.

WHereas a great part of the Lands, part of, and annexed to the Dutchy of Cornwall, Stat. 22 Jac. cap. 29. have béen held by sundry Leases thereof made for years, and for one, two, and thrée lives, by means whereof the Tenants have fixed Estates, have béen 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 Publick; And whereas for Twenty years and more, now last past, no such Leases have béen 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 Soveraign 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. &c. of the Dutchy of Cornwall made good. or hereafter to be made within the space of thrée years now next ensuing by our said Soveraign 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 Man­nors of any Offices, Parks, Lands, Tenements, or Hereditaments (other then Honors, Lordships, or Mannors) parcel of the possessions of the said Dutchy 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, [Page 94] and Copies, against our said Soveraign Lord the Kings Majesty, his Heirs and Successors, and against all and every person or persons, that shall hereafter have, inherit, or enjoy the said Dukedome of Cornwal, by force of any Act of Parliament, or other limitation whatsoever.

Leases for a­bove 31 years or three lives excepted.Provided alwayes, That every such Lease so to be made of any Parks, Lands, Tenements, or Hereditaments in Possession, shall be made but for thrée lives or fewer, or for one and thirty years or under, or some other term of years determinable upon one, two, or thrée lives, and not above; And if such Leases be made in Reversion, That then the same, together with the Estates in Pos­session, do not excéed thrée lives, or the term of one and thirty years, and not in any wise dispuni­shable of Waste,Not to be di [...] ­punishable 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 béen 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 béen 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 & con [...]sions in such leases, grants, or, &c. 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 Soveraign Lord the Kings Maiesty at the time of the making of such Covenants, Conditi­ons, and Reservations, and other agréements were seised of an absolute Indefeasible Estate in Fée-simple in the same Lands,Saving of o­thers Rights. Tenements, or Hereditaments; Saving alwayes to all and every person and persons, Bodies Politick and Corporate, their Heirs and Successors, Executors, Ad­ministrators, and Assigns, (other then our said Soveraign Lord the Kings Maiesty, 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 ought 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 béen had or made; this Act or any thing therein contained, to the contrary notwith­standing.

CAP. I.

VVHereas of late times certain persons under the names of Quakers, and other names of Separation,Quakers & se­perations deny­ing to take an Oath. have taken up, and maintained sundry dangerous Opinions and Tenents, 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 tendred, whereby it often happens that the truth is wholly suppressed, and the Administration of Iustice 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 Publick 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 Ma­jesties good and loyal Subjects, and from the Publick 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 Tenents, 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 lawfull 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 tendred, or shall endeavour to perswade any other person, to whom any such Oath shall in like manner be duly and lawfully tendred, to refuse, and forbear the taking of the same, or shall by Printing, Writing, or otherwise, go about to maintain and defend that the [Page 95] 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 joy­ning 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 Kings Ma­jesty, his Heirs and Successors, for the first offence, such sum as shall be imposed upon him or her, not excéeding 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 Soveraign 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 parties goods so convicted, by warrant of the parties before whom they shall be so convicted, rendring the overplus to the owners, if any be: and for want of such distress, or non-payment of the said penalty, within one wéek 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 thrée months; and for the second offence, during six moneths, without bail or Mainprize, there to be kept at hard labour: which said monyes so to be levyed, shall be paid to such person or persons, as shall be appointed by those before whom they shall be convicted, to be im­ployed 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 béen 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 Majesties 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 Iustice of Oyer and Terminer, Iustices of Assize, and Goal-delivery, and the Iustices of the Peace shall have full Power and Authority in every of their open and General Sessions, to enquire, 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 Iustice of Peace, May­or, or other chief Officer of any Corporation, within their several Iurisdictions, to commit to the Common Goal, or bind over with sufficient Sureties to the Quarter-Sessions, any person or per­sons offending in the Premisses, in order to his or their conviction aforesaid.

Provided alwayes, 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 alwayes, 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 tryed by their Péers, and not otherwise.

CAP. II.

FOrasmuch as the Common High-wayes 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 béen so miry and foul, as is not only very noisom, dangerous and inconvenient to the Inhabitants thereabouts, but to all the Kings 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 & High-wayes. and by the Authority of the same, That for the Surveying, Ordering, and managing of the said High-wayes, Stréets, Allies, and other Passages within the said Cities and places aforesaid, and all things necessary for the Repairing, Paving, or kéeping clean thereof, there be from henceforward Commissioners to be nominated by his Majesty, under the Great Seal of England, not excéeding the number of one and twenty, besides such other Commissioners as are by this Act nominated and appointed (whereof the Surveyor of his Majesties Works for the time being to be alwayes one) [Page 96] that shall have their place of meeting, at the Office of his Majesties 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 scowring 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 Nusances, 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 Nusances,Encroach­ments that have continu­ed 30 years not to be re­moved, but up­on satisfaction to the parties. that have continued above thirty years last past, shall not be removed untill 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 tendred or offered by the said Commissioners appointed for the streets, for the pulling down or removing such Nusances or Encroachments as have béen continued before the time aforesaid;The Barons of the Exche­quer to judg 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 adjudg what satisfaction shall be fit for the said person or persons to receive for the removing or pulling down any such Nusances 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 impowred to take a view of all such Nu­sances 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 Nusances or Encroachments within one month after notice, shall for­feit forty shillings for every month the said Nusances or Encroachments shall afterwards conti­nue.

And whereas the common High-wayes, 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. Iames. Street. Pall-mall. and one other street from St. James House up to the High-way, 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 Stone­bridg,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 adjoyning to the said Wayes 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 wayes, or to such person or persons as they shall appoint, such sum and sums of money towards the paving of the said stréets or wayes, 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 lyes 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 High-way or stréet which lyes before the said houses, yards, or gardens belonging to the said dwelling houses respectively.

No Hackney-Coaches to be without Li­cense.And for the better preserving of the said stréets, 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 license 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 licensed, shall not excéed Four hundred; and that every Coach so licensed, 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 licensed to kéep more then 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 moyety whereof shall be to the Informer, and the other moyety to be paid to the Commissioners that shall be appointed for the Paving and amending the Stréets.

Who may be licensed to keep Hackney-Coaches.And the said Commissioners for the licensing and regulating of Coaches, are to take especial care, not to license any person to drive or kéep any Hackney-Coach or Coach-horses, that useth any other Trade or Occupation: and in the first place to license all such persons, as have [Page 97] 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 license more then 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 licensed above the said number, whereof twenty pounds to the Informer, and the residue to be for the Repairing and paving the Ways and Stréets, to be levied by Di­stress, by Warrant under the Hands and Seals of Five or more of the other Commissio­ners, that shall be appointed for the Paving and mending of the Stréets and High-Wayes.

And be it further Enacted by the Authority aforesaid, That no Hackney Coachmen so licensed,The several rates allowed for Hackney Coaches. shall presume to take for his Hire in or about the Cities of London and Westminster, above the rate of ten shillings for a day, reckoning twelve hours to the day, and by the hour not above eigh­téen pence for the first hour, and twelve pence for every hour after, and that no Gentleman or other person, shall pay from any of the Inns of Court or thereabouts to any part of St. James or City of Westminster, (except beyond Tuttle-street) above Twelve pence, and the same prizes from the same places to the Inns of Court or places thereabouts, and from any of the said Inns of Court, or thereabouts, to the Royal-Exchange, twelve pence, and if to the Tower of London, or to Bishops-gate-stréet, or Aldgate, or thereabouts, eightéen pence, and so from the same places to the said Inns of Court as aforesaid,The penalty for exacting more. and the like rates from and to any place at the like distance with the places before mentioned. And if any Coachman shall refuse to go at, or shall exact more for his hire, then the several rates hereby limited, he shall for every such offence forfeit the sum of ten shillings.

And be it further Enacted, That every Coach so licensed as aforesaid, shall pay to the Com­missioners that shall be appointed for the regulating and Licensing of Hackney-Coaches, the year­ly rent of five pounds, and no more, whereof fifty shillings shall be paid at or before the twenty sixth day of May, One thousand six hundred sixty and two, and the sum of five and twenty shillings at or upon the Feast day of St. Michael the Archangel next coming, and Twenty five shillings at the Feast of the Nativity of our Lord Christ; and from henceforward to be paid Quarterly at the four most usual Feasts of the Year, by equall portions (that is to say) at the Annunciation of the Blessed Virgin, St. John the Baptist, St. Michael the Arch-angel, and the Nativity of our Lord Christ; which said sum and sums of money, the said Commissioners for the Hackney-Coa­ches shall from time to time, pay or cause to be paid to the Commissioners appointed for the paving and amending of the Stréets and High-wayes, within this Bill contained, or to such Treasurer or Receiver, as they shall appoint; and the said Commissioners for Hackney-Coaches, shall likewise from time to time, certify to the Commissioners appointed for the paving of the Stréets and High-wayes, the names and dwellings of all such persons, as they shall license to drive or kéep Hackney-Coaches, together with the several Figures or Marks of distinction, which are appointed to belong, and be affixed to the several Coaches, to the intent that discovery may the better be made of any abuses that shall be committed, if any shall presume to affix the Fi­gure or Mark of distinction to any Coach, which belong of right to another and whereby the Com­missioners for the paving and amending the Stréets and High-wayes, shall be enabled to call the said Commissioners for the Hackney-Coaches to a true and due accompt: And in case any overplus shall be of the Moneys appointed by this Act to be raised for the Paving and Mending the Wayes and Stréets as aforesaid, then such overplus shall be imployed to­wards the Enlargement of such Stréets or places as are to be enlarged by vertue of this Act.

And be it further Enacted by the Authority aforesaid, That every Load of Hay,Every load of hay and straw rated towards mending the street. which from the first day of May, One thousand six hundred sixty and two, shall be brought and stand to be sold up­on any the Wayes hereby in this Act expressed, and adjudged fit to be new paved, shall pay six pence for every Load; and likewise every Cart of Straw to be sold in the said places, shall after the said day, pay two pence, which said sums shall be paid to the Commissioners, which shall be appointed for the Paving and Amending the High-wayes and Stréets, or such as they shall ap­point, for and towards the Paving of the Stréets and High-wayes.

And be it further Enacted by the Authority aforesaid, That all Fines, Rents,How the pe­nalties upon this Act may be levied. Forfeitures and Penalties, as shall grow due and payable to the said Commissioners by this Act, shall be levied by Distress upon the Goods and Chattels of the Offender or Offenders, by Warrant under the hands and Seals of the Commissioners, or any five or more of them, which shall be appointed by his Ma­jesty, which shall be sold within fourtéen dayes, and the Overplus returned to the Owner; and in default of Distress or not payment, the person or persons so offending, or neglecting to pay, shall lye in Prison without Bail or Mainprize, till he or they have paid such Rent, Fine, Forfeiture, and Penalty as was due from him or them.

And the said Commissioners for the Stréets and Wayes,The Com­missioners may appoint a Treasurer, Clerk, & other Officers for the service. or any Five or more of them so met as aforesaid, are hereby impowred to appoint a Treasurer or Collector and Clerk to attend them, or such other Officer or Officers, as they shall find necessary for the carrying on of the said Service, with such moderate Allowances as shall be fit: and in case any person shall propose to carry away the ashes, dirt, and other filth, for all or any the places aforesaid at less rates then the year­ly [Page 98] Raker or Vndertaker can or will perform the same, the said Commissioners shall have power, and are hereby authorized to contract with such person, and for such term as they shall think fit; and they are also to require an accompt from time to time of all Scavengers within the said pla­ces, and all other person or persons that shall receive or disburse any moneys for the purposes in this Bill contained,And may hear and determine all differences about paving and cleansing the streets. as often as they, or any Five or more of them, so met as aforesaid, shall think fitting and necessary, and shall hear and determine all Disputes and Differences concerning the Right and Duty of Paving and kéeping clean any of the Stréets, Lanes, or Allies, or publick yards within the places aforesaid.

The power & duties of Sca­vengers and Rakers.Provided alwayes, That the respective Scavengers, Rakers, or other Vndertakers, shall have liberty by the approbation of the said Commissioners, or any five or more of them, so met as aforesaid, to lodg their Ashes, Dust, Dirt, or other filth, in such vacant publick places, in or near the Stréets or High-wayes, as shall be thought convenient by the said Commissioners, for the ac­commodation of Countrey Carts returning empty: And the said Scavengers, Rakers, or other Vndertakers, shall have liberty to pass through such Wharfs, Docks, or Yards, with their Ashes, Dust, Dirt, &c. 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 Wharfs 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 agrieved or prejudiced by such Determination of the said Commis­sioners,How persons grieved may appeal. or by any other the Acts or Procéedings of the said Commissioners, wherein he or they shall conceive themselves relievable in Iustice or Equity; the said party so agrieved, 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 impowred 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 Procéedings of the said Commissioners, as shall be agréeable to Equity and Iu­stice.

The Commis­sioners to be be called to ac­compt in the Exchequer yearly.And the said Court of Exchequer is hereby also further impowred 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 Decrée 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 Majesties Houshold, and Earl of Brecknock; Mountague Earl of Lindsey; Edward Earl of Manche­ster, and others the Commissioners of Sewers, then and there assembled by Authority of his Ma­jesties 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 Majesties 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 imployed, 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 béen, and daily are thrown into the Stréets, Lanes, and Allies of the Cities of London and West­minster, and Borough of Southwark, and other parts adjacent, to the great Annoyance of Your Majesties 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 stréets, 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 Stréets, Lanes, Allyes, and publick places before their respective Houses, Buildings and Walls, twice every wéek, that is to say, on every Wednesday, and every Saturday in the wéek, and all the soil, dirt and other filth, shall cause to be taken up into Baskets, Tubbs, 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 thrée 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 [Page 99] 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 Majesties Houses, Buildings or Walls, or any other publick Houses, Buildings or places whatsoever, or shall cast, lay or throw, or cause to be cast, laid or thrown into any common or publick Sink, Vault, Water-course, common Sewer or High-way, 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 noysome thing whatsoever; but shall kéep, or cause the same to be kept in their respective Houses, Back-sides, or Yards, untill such time as the Raker, Scavenger, or other Officer thereto appointed, of the Ward, Parish, Stréet, 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 Church-Wardens,White-Hall, Church-yards and houses of Noblemen. the House-kéepers of White-Hall, and other his Majesties Houses; House-kéepers, or Porters of Noble-mens houses; Vshers, Porters or Kéepers of Courts of Iustice, and all other Publick Houses and Places respectively, shall be lyable to, and shall suffer the like Penalties, Forfeitures, and Punishments for every the before-mentioned Offences, or Neglects, committed, done, or suffered to be done before any Church, or Church-yard, or before any of His Majesties Houses, Buildings, or Walls, or be­fore any Noblemens Houses, Buildings, or Walls, or before any other publick houses, Buil­dings, or places whatsoever respectively.

And be it further Enacted by the Authority aforesaid, That from and after the first day of May, No Barrels, Tymber, coa­ches or other things to be see or mended in the streets. The Penalty. The duty of the Scaven­gers & Rakers weekly. One thousand six hundred sixty and two, no person or persons shall Hoop, Wash, or cleanse any Pipes, Barrells, or other Casks or Vessels in any the Stréets, Lanes, or open Passages afore­said, nor shall set out empty Coaches, to make or mend, or rough Timber, or Stones to be sawn, or wrought in the Stréets, on the Penalty of twenty shillings for every Offence.

And be it further Enacted by the Authority aforesaid, That the Rakers, Scavengers, or other Officers thereunto appointed, every day in the Wéek (except Sundayes and other Holidayes) shall bring or cause to be brought, Carts, Dung-pots, or other fitting Carriages, into all Stréets and places within their respective Wards, Parishes, Charges, and Divisions where such Carts or Carriages can pass; and at or before their approach, by a Bell, Horn, Clapper, or otherwise, shall make distinct and loud noise, and give notice to the Inhabitants of their coming, and make the like noise, and give the like notice in every Court, Alley, or Place, into which the said Carts cannot pass, and abide, and stay there a convenient time, in such sort, that all persons concerned, may bring forth their respective Ashes, Dust, Dirt, Filth, and Soil, to the respective Carts, or Carriages, so staying as aforesaid; all which, the said Rakers, Scavengers, or other Officers aforesaid, shall daily carry, or cause to be carried away, upon pain to forfeit forty shillings for eve­ry offence or neglect respectively.

And be it further Enacted by the Authority aforesaid, That all the open Stréets,All open streets to be pa­ved and so kept by the several housholders. Lanes and Alleyes within the said Cities and Places aforesaid (excepting only the new Paving of such Stréets and Places, for which any of the Inhabitants have contributed and paid their respective Proportions to the Commissioners before named, according to the rates aforesaid) shall be forth­with sufficiently repaired, or Paved, and from time to time hereafter maintained and kept suffi­ciently repaired or Paved, at the costs and charges of the Housholders in the same Stréets, Lanes and Alleys respectively, in manner following (that is to say) every of the said Housholders to re­pair and pave, and to kéep repaired and paved, the Stréets, Lanes, or Alleys before his house, and so far as his housing, Walls or Building extend, unto the Channel, or middle of the same Stréet, Lane, or Alley, upon pain to forfeit Twenty shillings for every Perch or Rod, (and after that Rate for a greater or lesser quantity) for every Default,The penalty for not paving. and of Twenty shil­lings a wéek for every wéek after, untill the same shall be sufficiently paved and amen­ded.

Provided alwayes, That such ancient Stréets, Lanes, and Alleys within the said Cities,Proviso for the Borough of Southwark or either of them, the Suburbs and Liberties thereof, and Borough of Southwark, as by custom and usage have béen repaired and paved in other manner, shall be hereafter repaired, paved and main­tained in such sort and manner, and by such person and persons, as have heretofore used to repair, pave and maintain the same, under the penalties aforesaid. Any thing in this Act contained to the contrary thereof in any wise notwithstanding.

And be it further Enacted by the Authority aforesaid,Candles or lights to be hung out every night from Michaelmas to Lady-day. That every housholder within the said Cities, the Suburbs and Liberties thereof, and in all other the places aforesaid, whose house adjoyns unto, and is next the stréet, from Michaelmas untill our Lady-day yearly, shall every night set or hang out Candles or Lights in Lanthorns, or otherwise, in some part of his house next the Stréet, to enlighten the same for Passengers, from such time as it shall grow dark, un­till nine of the Clock in the Evening, upon pain to forfeit the sum of one shilling for every de­fault.

[Page 100] Who may convict per­sons offending and upon view or otherwise levy the penal­ties by this Act.And for the more speedy Reformation and punishment of all and every the offences aforesaid, Be it further Enacted by the Authority aforesaid, That every one of his Majesties Iustices of ei­ther Bench, and Barons of his Exchequer, and every Iustice of Peace of the said Cities of Lon­don and Westminster, and places aforesaid (within their several limits respectively) shall have power and Authority upon his own knowledg, or view, confession of the party, or proof of one cre­dible witness upon Oath before him (which oath by vertue of this Act, such Iustice shall have power to administer) to convict any person or persons of any the offences aforesaid, whereby such person or persons so convict, shall incur the Penalties and forfeitures aforesaid, one moyety where­of shall be disposed and imployed for and towards the reparation, paving and cleansing of the stréet or place where the offence shall be committed, and as much, or all of the other moyety as the Iu­stice shall think fit, for him or them that shall discover and prosecute the same, in case the said con­viction be by such discovery and prosecution; and if the conviction be by the view or knowledg of such Iustices, then the said whole penalty to go and be imployed for and towards the repairing, paving, and cleansing of the said stréets, or place, and shall be levied by distress and sale of the Goods and Chattels of the offender, by Warrant under the hand and seal of any such Iustice, to be directed to the Constable, or any other Officer of the same Parish, rendring the surplusage to the party, and in default of distress, or not payment of the said penalties, within six dayes after de­mand thereof, or notice in writing, left at the house or dwelling place of the offender, by the said Constable, or any other Officer, the said offender not being a Péer of this Realm, shall be commit­ted to the Common Goal of the said County or City respectively, by the Warrant of any such Iustice under his hand and Seal, there to remain without Bail or Mainprize untill pay­ment.

And for the better raising and levying of moneyes to defray the charges, and pay the Wages of the said Scavengers, Rakers, or other Officers imployed in cleansing of the Stréets, Lanes, Al­leyes, and other places aforesaid, and carrying of the said ashes, dirt, filth, and soil; Be it fur­ther Enacted by the Authority aforesaid,Rates and tax­es to be made for defraying the charges and wages of Scavengers and others. That within the City of London and Liberties thereof, the Scavengers, Rakers, and such like Officers, shall be elected, and the Rates, Taxes, and As­sesments for Scavengers, Rakers, and such like Officers wages, for cleansing the Stréets, shall be rated, taxed, assessed, raised and paid by the Parishioners and Inhabitants of every Parish and Precinct respectively, within the said City and Liberties thereof, according to the ancient Custom and usage of the said City. And the Receivers of all such moneyes shall be accomptable as for­merly; And all new Messuages, Tenements and Houses, within the limits aforesaid, shall be likewise rated, taxed and assessed, and shall pay proportionably with others; And that within the City of Westminster, the said Officers shall be chosen, and the Rates made and paid according to the ancient Custom of the said City;How and when to elect Scavengers. And in all other the Parishes and places aforesaid, upon every Tuesday or Wednesday in Easter-Wéek, the Constables, Churchwardens, and Overséers for the Poor, and Surveyors of the High-wayes of every of the said Parishes and places respe­ctively, or the greater number of them, giving notice unto, or calling together such other Inha­bitants of their respective Parishes as have formerly born the like Offices therein, they or the greater number of them shall make choice of, and shall nominate and appoint two or more able persons that are Tradesmen of their Parish, to be Scavengers for the Stréets, Lanes, and other open Passages of each Ward and Division, within the said Parish, for the year then next follow­ing, and untill others be chosen and setled in their Places; which persons so chosen, and being approved, and confirmed under the hands of any two Iustices of Peace within their respective Limits and Iurisdictions, shall within seven dayes after their Election and Confirmation, and notice thereof, take that Office and Duty upon them, upon pain to forfeit Twenty pounds by every refuser respectively. And in case of refusal by any person or persons so chosen and confirmed, then other able persons shall be chosen and confirmed in manner aforesaid, with­in seven dayes after such refusal, in the place of him or them which shall so refuse; and the person or persons so chosen and confirmed, and having notice thereof, shall undergo the like pain, in case of refusal, or not taking the said Office and Duty upon him or them within seven dayes after he or they shall be chosen and confirmed, and have notice thereof as aforesaid, The said Penalties to be disposed and employed for, or towards the men­ding and repairing of the Stréets and Wayes of the same Parish, Ward, or Division, and to be levyed by Distress and Sale of the Goods and Chattels of the Offender, by Warrant under the hand and seal of any Iustice of the Peace of any of the places aforesaid, to be directed to the Con­stables, or other Officers of the same Parish, or any two or more of them (rendring the surplusage to the party) and in default of distress, or not payment within six dayes after demand thereof or notice left in writing, at the house or dwelling place of the offender, by the said Constables or of­ficers, the said offender to be committed to the Goal of the said County or City respectively, by the Warrant of any such Iustice, under his hand and seal, there to remain without Bail or Mainprize, untill payment.

And be it further Enacted by the Authority aforesaid, That within twenty dayes after the Election and Confirmation of the said Scavengers as aforesaid, the Constables, Churchwardens, and Overseers for the Poor, and of the High-wayes of the said Parishes, and places respectively or the greater number of them, giving notice unto, or calling together such Inhabitants of their respective Parishes, as have formerly born the like office therein; They or the grea­ter [Page 101] number of them then present, shall make and settle a Tax, Rate, or Assessment,Taxes and Assesments to be made yearly by a Pound-rate. according to a Pound-rate, to be imposed or set upon the Inhabitants of the said Parish, Ward, or Division, for the year following, for the purposes aforesaid; which being allowed, and confirmed by any two of the Iustices of the Peace of the places aforesaid respectively, shall be quarterly paid by every re­spective Inhabitant, upon demand made thereof by the Beadle of the Parish, or other officer ap­pointed to gather and collect the same: And in case of refusal or neglect, shall by Warrant of any two such Iustices of the Peace, under their hands and seals, be levied by distress and sale of the offenders goods; and for want of distress, by imprisonment of the offender, (he not being a Peer of this Realm) untill payment as aforesaid.

Provided alwayes, and be it Enacted by the Authority aforesaid,Actions brought a­gainst any Commissio­ner or Officer imployed by this Act; the Defendant may plead the General issue. That if any Action or Suit shall be brought, or prosecuted by any person or persons, against any Iudg, Commissioner, Iu­stice of the Peace, Constable, or other Officer, or Minister aforesaid, or against any person or persons imployed by them, or any of them, or authorized by this Act to do or perform, as by this Act is directed, for any matter, cause, or thing, by them or any of them done, committed, or ex­ecuted, by vertue or reason of this Act, or any Clause or Article therein contained; that then in every such case, the Action shall be laid in the proper County where the fact was done, and not elsewhere; and the Defendant or Defendants may plead the General Issue, And give the special matter in Evidence. and give the special Matter in Evidence at the Tryal, That the same was done in pursuance, and by Authority of this Act: And if upon Examination it shall so appear to be done, the Iury shall find for the Defen­dant; and in such case, or if the Plaintiff shall be Nonsuit, or discontinue his Action after the Defendant hath appeared, the Defendant shall have, and recover his or their double costs, which he, or they shall sustain, or be put unto, by reason of his or their wrongful vexation, in defence of the said Action or Suit.

And whereas the several Stréets and Passages hereafter mentioned (that is to say) The Stréet or Passage at or near the Stocks in London; The enlarge­ment of Pas­sage in nar­row and in­commodious streets. the Stréet and Passage from Fleet-Conduit to St. Pauls Church in London; the Passage through the White-Hart-Inn from the Strand into Covent-Garden; the Stréet and Passage by and near Exeter-House and the Savoy, being obstructed by a Rail, and the unevenness of the ground thereabouts; the Passage and Stréet of St. Martins-Lane out of the Strand; the Passage or Stréet of Field-Lane, commonly called Jack-an-apes-lane, going betwéen Chancery-Lane and Lincolns-Inn-Fields; the Passage and Gate-house of Cheap-Side into St. Pauls Church-yard; the Passage against St. Dunstans Church in the West (being obstructed by a Wall) the Street and Passage by and near the West-end of the Poultrey in Lon­don, and the Passage at Temple-Bar, are so narrow that they are incommodious to Coaches, Carts and Passengers, and prejudicial to Commerce and Trading;The Lord Mayor of Lon­don and others, Commissio­ners, may treat with per­sons concerned for their In­terests in hou­ses obstructing such passage. Be it Enacted by the Au­thority aforesaid, That the Lord Mayor of the City of London, the Recorder and Aldermen for the time being, together with such other Commissioners as his Majesty shall appoint under the Great Seal of England, or any five of them, shall have full Power and Authority, to receive all Subscriptions and payments of voluntary contributions of money or other endowments to­wards the Amendment and Enlargement of the Stréets and Places before-named, or so much of them, or any of them, as the said Commissioners, or any five or more of them shall judg fit and necessary, And are hereby further impowred to treat and agree with the Owners and Occu­piers of any such Houses, as they shall judg fit to be removed, rebuilt, or pulled down; or any part of them, and upon payment of such sum or sums of money so agréed upon, are hereby autho­rized to appoint Workmen to pull the said houses down, or cause the said Owners or Occupiers to rebuild accordingly, and this Act shall be sufficient to indempnify the said Commissioners, and all persons authorized by them, against the Heirs, Executors, Administrators, or Assigns of any the said Owners or Occupiers, as if the same had béen sold by Déed, Feoffment, Bargain and Sale, or other Assurance in the Law, and done by Fine and Recovery, or any other way whatsoever; And if there shall be any persons, Bodies Corporate or Collegiate, that shall wil­fully refuse to treat and agrée, as aforesaid, or through any disability by Non-age, Coverture, or a special Entail, or other Impediment cannot, That in such Cases the said Commissioners are hereby authorized by vertue of this Act, to issue out Warrant or Warrants to the Sheriffs of London, who are hereby required accordingly to impannel and return a Iury before the said Com­missioners, or any five of them, which Iury upon their Oaths to be administred by the said Commissioners, are to enquire and assess such damage and recompence as they shall judg fit to be awarded to the Owners and Occupiers, or either of them, of any such houses, or any part thereof, for their respective Estates and Interests in the same, as by the said Commissioners shall be ad­judged fit to be pulled down for the purposes aforesaid: and such Verdict of the Iury, and Iudgment of the said Commissioners thereupon, and the legal payment, or tender of the sum or sums of money so awarded and adjudged, shall be binding to all intents and purposes against the said Parties, their Heirs, Executors, Administrators and Assigns, and others claiming any Title or Interest in the said Houses, or in the ground whereupon they stand, or thereunto be­longing, and shall be a full Authority for the said Commissioners or any five of them, to cause the same to be executed, and the said Houses accordingly to be removed and pulled down.

And whereas the Houses that shall remain standing on the other side the said Stréet or Stréets, [Page 102] or behind the said houses that shall be so pulled down as aforesaid, will receive much advantage in the value of their Rents, by the liberty of Ayr, and frée recourse for Trade, and other conveni­encies by such enlargement; It is also Enacted by Authority aforesaid, That in case of refusal, or in capacity,What may be done in case of refusal to com­pound with the Commis­sioners. as aforesaid, of the Owners or Occupiers of the said houses, to agrée and compound with the Commissioners for the same, thereupon a Iury shall and may be Impanelled in manner and form aforesaid, to Iudg and Assess upon the Owners and Occupiers of such houses, such com­petent sum or sums of money, or Annual Rent, in consideration of such Improvement and Me­lioration, as in reason and good Conscience they shall judg and think fit; which said sum and sums of money, or Rent, shall be paid to the Chamberlain of the City of London for the time be­ing, and such other Treasurer or Treasurers as shall be appointed by the said Commissioners, or any five or more of them, who are hereby enabled from time to time, to receive and recover the same by Action at Law, and whose Receipt shall be a good discharge to the said Owners and Te­nants, and who are hereby appointed to receive and pay, and be accomptable for the same accor­ding to such directions as shall from time to time be given them by the said Commissioners: and the moneys so raised, or Rents so received, shall be expended upon the Purchasing or Re-building houses on the other side the Stréet, and upon Paving and amending of the Ways and Stréets aforesaid, according to the purport of this Act. And the said Verdict of the Iury, and Iudgment of the Commissioners in the cases aforesaid, shall be sufficient and conclusive in Law, to all in­tents and purposes, against the said Owners and Occupiers, their Heirs, Executors, Administra­tors and Assigns.

Every Com­missioner to take an Oath for the faithful performance of this Act.Provided alwayes, And be it further Enacted by the Authority aforesaid, That no person shall be enabled to act as a Commissioner to the intents and purposes aforesaid, untill he shall first have taken his Corporal Oath before the Lord Chancellor, or Lord High Treasurer of England for the time being, for the due and impartial execution of the Trusts by this Act committed to him.

Lord Mayor and Aldermen to be commis­sioners in Lon­don. The Dean, High steward, Deputy-stew­ard and two High Burges­ses in Westm. The continu­ance of this Act.Provided also, That the Lord Mayor, Recorder, and Aldermen of the City of London for the time being, shall be, and are hereby authorized to be Ioynt-Commissioners and to exercise all the Powers of this Act, to all the ends and purposes thereof, which are to be ordered, done, or execu­ted within the said City, or the Liberties thereof: And likewise, That the Dean of Westminster, the High Steward, and his Deputy-Steward, and the two High Burgesses of the said City of Westminster for the time being, shall be, and are hereby authorized to be Ioynt-Commissioners, and to exercise all the Powers of this Act, to all the ends and purposes thereof, which are to be or­dered, done, or executed within the said City of Westminster, or the Liberties thereof, Any thing in this Act to the contrary notwithstanding. This Act to continue, and be in force untill the end of the First Session of the next Parliament.

CAP. III.

The sole and supream power and command of the Militia in the Kings Majesty, his heirs and Successors. 13 Car. 2. cap. 6.FOrasmuch as within all His Majesties Realms and Dominions, the sole and Supream Power, Government, Command and Disposition of the Militia, and of all Forces by Sea and Land, and of all Forts and places of Strength is, and by the Laws of England, ever was the undoubted Right of His Majesty, and His Royal Predecessors, Kings and Quéens of England; and that both, or either of the Houses of Parliament, cannot, nor ought to pretend to the same; nor can, nor lawfully may raise, or levy any War, Offensive or Defensive, against His Majesty, His Heirs, or lawfull Successors; and yet the contrary thereof hath of late years béen practised, almost to the ruine and destruction of this Kingdom; and during the late usurped Governments, many evil and rebellious principles have béen 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, &c. 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 Majesties 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 aray 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 imploy, or cause to be led, conducted and imployed, as well within the [Page 103] 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 Maiesties approbation of them, shall give them Deputations accordingly; always understood, That His Maiesty, 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, &c. 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 thrée at the least, have hereby full Power and Authority to charge any person with Horse, Horse-man and Arms, or with Foot-Souldier and Arms, in the same County, Shire, City, Burrough, or Town-Corporate, where his, her, or their Estates lye, having respect unto, and not excéeding the limitations and proportions hereafter mentioned (that is to say), No person shall be charged with finding a Horse, Horse-man 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 sée 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 then 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 Horse-man 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 Horse-man 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 thrée or more of them as aforesaid, to impose the finding and providing of Horse, Horse-man and Arms, as aforesaid, by joyning two or thrée, or more persons together in the Charge, as to their Iudgment shall appear most conducible to the service of this Kingdome.

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 Copy-hold, or Twelve hundred pounds personal Estate, shall be compellable to contribute in finding any Horse and Horse-man with Arms: And the said respective Lieutenants and Deputies, or any thrée 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 thrée or more of them, in their several Counties and Places respectively, shall require and direct all persons so charged as aforesaid with Horse, Horse-men and Arms,Allowance of 2 s. per diem for a Horse-man, and 1 s. for a Foot Souldier. 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-Souldiers (if they serve not in their own persons) for so many dayes 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 thrée 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 excéeding in the whole in any one year the proportion of a fourth part of one moneths Assessment in each County, after the rate of Seventy thousand pounds by the moneth, now or late charged by an Act, entituled, 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 Thrée or more of them, under [Page 104] the like penalties, and by the like wayes and means as are prescribed in the said Act for the Se­venty thousand pounds by the Moneth;Invasion, In­ [...]urrection, Re­bellion. And in case of Invasions, Insurrections or Rebellions, whereby occasion shall be to draw out such Souldiers into actual Service, the persons so charged as aforesaid, shall provide each their Souldier respectively with pay in hand, not excéeding one moneths 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 excéeding one moneth, as aforesaid, as they shall be with their Souldiers 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 Publick Treasury or Reve­nue.None having advances a moneths pay, shall be charg­ed again, until he be re-im­bursed the same. Nevertheless it is hereby further Provided and Enacted, That in case a moneths 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 moneths payment, untill he or they shall have béen re-imbursed the said moneths pay, and so from time to time the moneths 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 Wayn with five Horses, or six Oxen, and so proportionably; And for every Horse imployed 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,Souldiers that do not their duties, how punished. shall, and may Imprison Mutinéers, and such Souldiers as do not their Duties as Souldiers at the day of their Musters and Training; and shall and may Inflict for punishment for every such offence any pecuniary Mulct not excéeding five shillings, or the penalty of Imprisonment without Bail or Mainprise, not excéeding 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 thrée or more of them respectively, shall refuse, or neglect by a reason­able time to be appointed, to provide and furnish such sufficient Horse and Horse-man, 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 thrée or more of them, for every such offence, from time to time to inflict a penalty upon such persons not excéeding 20 l. And also by Warrant under their, or any thrée 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, rendring the overplus to the Party so distrained, all necessary charge in le­vying thereof being first deducted; And it is declared, that the same be imployed 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 intrusted, 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 imbezelled; And also, That if any person so to be armed, horsed or weaponed, as aforesaid, shall not appear, and serve com­pleatly furnished with Horse and Arms, and other Furniture wherewith he is intrusted 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 Mainprise, or to inflict the penalty, if a Horse-man, not excéeding 20 s. and if a Foot-man, not ex­céeding 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 thrée or more of them, to inflict a penalty not exéeding 5 l. to be levyed by distress and sale of the Goods of such per­son or persons so refusing, as aforesaid, rendering the overplus to the Party distrained, necessary Charges for levying being first deducted.

Ability of per­sons assessed, how to be dis­covered.And for the better discovery of the Ability of the Persons so to be assessed and charged, and of all Misdemeanors tending to the hinderance of the service aforesaid, the said respective Lieutenants, and their Deputies, or any thrée or more of them, are hereby enabled to examine upon Oath such Person or Persons as they shall judge necessary or convenient, or shall be produced by the Party charged or accused, other then the Persons themselves to be assessed and accused.

And for the better and more spéedy execution of the Premisses, Be it further Enacted, That the said respective Lieutenants shall be,Treasurer and Clerks for re­ceiving and paying mo­neys by this Act. and are hereby required to appoint one or more Treasurer or Treasurers, Clerk or Clerks, for receiving and paying such moneys as shall be levyed by ver­tue hereof; of all which Receipts and Disbursements thereof, the said Treasurer, Clerk and Clerks are every six moneths to give their Accompts in writing, and upon Oath, to the said Lieutenants [Page 105] and their Deputies, or any thrée or more of them, which Oath they have hereby Power to admini­ster: And the said Accompt so to be taken, shall be forthwith certified to the Lords of His Maje­sties most honorable Privy Council, and a Duplicate thereof shall be certified to the Iustices of Peace at the next General Quarter Sessions.

And be it further Enacted, That the Deputy-Lieutenants shall observe and obey such Orders and Directions as they shall from time to time receive from the respective Lieutenants, for the putting in execution the Powers given by this Act.

And for the better securing the Peace of the Kingdom, Be it further Enacted and Ordained,Who shall be appointed to search for and seize Arms are the houses of dangerous per­sons. that the said respective Lieutenants, or any two or more of their Deputies, are hereby enabled & autho­rised from time to time, by warrant under their hands and seals, to employ such Person or Persons as they shall think fit (of which a Commissioned Officer, and the Constable, or his Deputy, or the Tythingman, or in the absence of the Constable, and his Deputy, and Tythingman, some other per­son bearing Office within the Parish, where the search shall be, shall be two) to search for and seize all Arms in the custody or possession of any Person or Persons, whom the said Lieutenants, or any two or more of their Deputies, shall judge dangerous to the Peace of the Kingdom; and to secure such Arms for the service aforesaid, and thereof from time to time to give Accounts to the said re­spective Lieutenants, and in their absence, as aforesaid, or otherwise by their directions, to their De­puties, or any two or more of them: Provided that no such search be made in any house or houses be­twéen Sun-setting and Sun-rising, other then in Cities and their Suburbs, and Towns Corporate, Market-Towns, and houses within the Bills of Mortality, where it shall and may be lawful to search in the night-time, by Warrant, as aforesaid, if the Warrant shall so direct, and in case of re­sistance to enter by force;Houses of Peers. And that no dwelling-house of any Péer of this Realm be searched by vertue of this Act, but by immediate Warrant from his Majesty, under his Sign Manual, or in the presence of the Lieutenant, or one of the Deputy-Lieutenants of the same County or Riding; And that in all places & houses whatsoever, where search is to be made as aforesaid, it shall and may be lawful, in case of resistance to enter by force; And that the Arms so seised, may be restored to the Owners again, if the said Lieutenants, or in their absence as aforesaid, their Deputies, or any two or more of them shall so think fit.

And be it Enacted, That all high Constables, petty Constables,All high Con­stables and Officers to be aiding the re­spective Lieu­tenants. and other Officers and Ministers within the said Counties, Cities, Parishes and places aforesaid, be, & are hereby required to be aiding and assisting to the said respective Lieutenants, and their Deputies, or any of them in execution of the premisses; And that all and every person and persons who shall act, or do any thing in execution thereof shall be hereby saved harmless and indemnified; And also, that all and every person and per­sons, who have heretofore acted or done any thing in execution of any Commission, or Commissi­ons of Lieutenancy issued by the Kings Majesty that now is, or by colour of them, or any of them, or touching, or concerning the same, or any of them, or relating thereunto since the 7th. day of May, One thousand six hundred sixty and one, untill the 20th. day of May, One thousand six hundred sixty and two, shall be, and are hereby, saved harmless and indemnified in that behalf.

And be it further Enacted and Ordained,How persons are to be charged re­siding in one County, and having lands in another. That where any person or persons shall be charged by vertue of this Act to find a horse and Horse-man, horses and Horse-men and Arms, or Foot-souldier and Arms, in such County, City or place where he or they do not reside, or inhabit, that then, and in such cases, the respective Lieutenants and Deputies, or any thrée or more of them, shall send No­tice of every such charge, if such person have any land in his own occupation, to such person as he doth imploy as his Servant in managing the same; And in case all his lands, or other estate be de­mised, and to farm let, then to one or two of the most sufficient Tenant or Tenants, who shall have the same in their occupation, who are hereby required forthwith with all convenient spéed to con­vey the same to their Master or Landlord respectively; And within such time as shall be appointed in that behalf, bring an accompt of their Master or Landlords answer to the respective Lieutenants and Deputies, or any thrée or more of them: And upon neglect, or refusal of the Landlord, to provide such horse and Horse-man, horses and Horse-men and Arms, or Foot-souldier and Arms, as is duly charged upon him, according to the Rates mentioned in this Act for the yearly Rent, reserved upon every demise or other grant, and not otherwise within the time limited for that purpose;Tenants to provide Arms for their Land­lords. That then the said Tenant or Tenants shall provide and do as the Landlord in that behalf ought to have done. And if the said tenant or tenants shall refuse, or neglect to provide such horse and Horse-man, horses and Horse-men and Arms, or Foot-souldier and Arms, as are charged upon his or their Landlords within the time limited; That then and upon every such default, it shall and may be lawful to and 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 offenders Goods, rendring 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 Horse-man, horses and Horse-men 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 [Page 106] shall be indemnified by Authority of this Act;The Tenants indemnified for so doing. unless the Land-lord, or Land-lords shall make it appear within two moneths 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, &c.Provided also, That no person being a Péer of this Realm, shall be capable of acting or serving as Lieutenant, or Deputy-Lieutenant, by vertue of this Act, unless he or they shall first before six of the Lords of his Majesties 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 Traiterous 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, &c.And that no Person being under the degrée of a Péer of this Realm, shall be capable of acting as Lieutenant, Deputy-Lieutenant, Officer or Souldier, by vertue 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 Traiterous 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 Iustice 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 Iustice 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 Souldiers.

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 thrée, 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 vertue 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 Souldi­er shall bring. no Officer or Souldier shall be constrained to stay for above four days together from their respective habitations; And that at every such Muster and Exercise, every Musquetier 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 Horse-man 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, Horse-man 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 Pott, and the Breast and Pott 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 Padd with Burrs and Trapps to affix the Houlsters unto, a Bitt and Bridle with a Pectorel and Crupper; For the Foot, a Musquetier is to have a Musquet, the Barrel whereof is not to be under thrée foot in length; And the Gage of the Bore to be for 12 Bullets to the pound, a Coller of Bandeliers, with a Sword: Provided, that all Muster-Masters shall for the present admit and allow of any Musquets already made, which will bear a Bullet of 14 to the pound; But no Musquets which henceforth shall be made, are to be al­lowed of, but such as are of the Gage for 12 Bullets to the pound; A Pike-man 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 Muster-Masters 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 béen used; And that his Majesties Lieutenant of the said Island, and his Deputies, or any thrée 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 béen 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 Majesties 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 lawfull for His Majesty at any time [Page 107] or times that the same shall so happen, during the space of thrée 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 imploy in order to the quiet and security of this Nation, the said sum not excéeding Seventy thousand pounds in one whole year: And the same to be raised by his Majesties 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 moneths Assessment after the rate of Seventy thousand pounds per mensem; as also to continue the space of thrée 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 re-imbur­sed. 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 vertue of this Act, shall pay or disburse any moneys for buying of Arms, or defraying of Charges of Souldiers, set, or to be set upon their respective Parishes, shall be re-imbursed 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, rendring 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 alwayes, 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 Souldier and Souldiers, 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 Sir-names, 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 non-pay­ment or want of distress, then every such person to be committed to the Common Gaol of the the County for any time not excéeding thrée moneths, without bail or mainprise, 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 then the Tax mentioned in the former Proviso; But that the Lord Warden of the Stannaries for the time be­ing, in pursuance of his Majesties Commission in that behalf, and such as he shall Commissionate and Authorize 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 béen heretofore used; and according to the ancient Priviledges 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 Majesties 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 Majesties 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 Majesties happy Restauration, have of late, and may again be put to, for the safety of his Majesties Person, and for suppressing or preventing of Insur­rections, That it shall and may be lawful for his Majesties 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 néed­ful for defraying the Arrears of those first raised for his Majesties happy Restauration, and the Ar­rears and necessary charge of those that now are, and shall be raised, with the Ammunition and other incident expences of their Militia, in such manner as the present Assessment is now levied, and not excéeding in any one year the proportion of One moneths Tax, which the said City now pays towards the Tax of Seventy thousand pounds by the moneth; And shall be accomptable for the same, as by this Act is Ordained; Any thing in this Act to the contrary of this Proviso in any wise notwithstanding.

[Page 108] Proviso for the Officers of Militia of cities and towns corporate.Provided always, That no Officer, or Souldier of the Militia, or Trained Bands belonging to any City, Borough, or Town Corporate, being a County of it self, 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 Soul­diers, 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 avoy­ded by this Act.Provided, That this Act, or any thing herein contained, shall not extend to avoid any Covenant or Agréement which hath béen, or shall be made betwéen 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 then hath béen 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 alwayes have béen under the Command of his Maiesties 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 Maje­sties 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 déemed, 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, Horse-men and Arms, or Foot-souldiers and Arms, otherwise, or in any other manner then 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 then 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, Horse-men and Arms, or Foot-Souldiers and Arms, and for other the purposes in this Act mentioned (except the Monethly 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 onely 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 vertue of this Act, that then it shall be lawful for the respective Lieutenants, & De­puty-Lieutenants, or any thrée 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 wéek after such Distress taken, then such Distresse 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.

VVHereas in the first year of the late Quéen Elizabeth, there was one Vniforme Order of Common Service, and Prayer, and of the Administrations of Sacraments, Rites and Ceremonies in the Church of England (agréeable to the Word of God, and usage of the Primitive Church) compiled by the Reverend Bishops and Clergy, set forth in one Book, entituled, The Book of Common Prayer, and Administration of Sacraments, and other Rites and Ceremonies in the Church of England, and enjoyned to be used by Act of Parliament, holden in the said first year of the said late Quéen,2 El. cap. 2. Entituled, 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, [Page 109] 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 knowledg, and due fear of God, do Wilfully & Schismatically abstain, and refuse to come to their Parish-Churches, and other publick 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 Holy-days. And whereas by the great and scandalous neglect of Ministers in using the said Order, or Liturgy so set forth, and enjoyned, as aforesaid, great mischiefs and inconveniences, during the times of the late unhappy Troubles, have arisen and grown; and many people have béen 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 setling the Peace of the Church, and for allaying the pre­sent distempers which the indisposition of the time hath contracted;The Kings Declaration and Commis­sion for re­viewing the Book of Com­mon Prayer, and Alterati­ons to be pro­pounded there­in. The Kings 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 béen pleased to Authorize and require the Presidents of the said Convocations, and other the Bishops and Clergy of the same, to re-view 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 séem méet 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 Presidents, 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, Entituled, 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 béen 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 Chappels, and in all Chappels of Colledges and Halls in both the Vniversities, and the Colledges of Eaton, and Winchester, and in all Parish-Churches and Chappels, 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 setling 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 Vni­form agree­ment in the Publique Worship of God. then an Vniversal argréement in the publique 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 Publique 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 ought 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 Chappel, or other place of Publique 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 Publique, and Common Prayer, in such order and form as is mentioned in the said Book, annexed and ioyned to this present Act, and Entituled, 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 Lords Day, and upon all other dayes 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 publique 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 Vniformity in the publique Worship of God (which is so much desired) may be spéedily effected, Be it further Enacted by the Authority aforesaid, That every Parson, [Page 110] Vicar, or other Minister whatsoever, who now hath, and enjoyeth any Ecclesiastical Benefite, or Promotion, within this Realm of England, or places aforesaid, shall in the Church, Chap­pel, or place of publique Worship belonging to his said Benefice or Promotion, upon some Lords 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, publiquely, 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 publikely 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;

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 Moneth 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 publick wor­ship, belonging to his said Benefice or Promotion, within two moneths next after that he shall be in the actual possession of the said Ecclesiastical Benefice or Promotion, upon some Lords Day openly, publickly, 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 publickly, 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 moneth 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 Livings keeping Cu­rates, shall read the same once every moneth.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 kéep 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 moneth openly and publickly 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 Chappel, 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 Iustices of the Peace of the County, City, or Town Corporate where the offence shall be committed, (which Oath the said Iustices are hereby impowred to Administer) and in default of payment within ten dayes, to be levied by distress, and sale of the Goods and Chattels of the Offender, by the Warrant of the said Iustices by the Church-wardens, or Overséers of the poor of the said Parish, rendring the surplusage to the party.

Deans, Canons, Prebenda­ries, &c. 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 Colledge, Hall, House of Learning, or Hospital, and every publick Professor, and Reader in either of the Vniversities, and in every Colledge else­where, and every Parson, Vicar, Curate, Lecturer, and every other person in holy Orders, and every School-master kéeping any publick, or private School, and every person Instructing, or Teaching any Youth in any House or private Family as a Tutor, or School-master, 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 Deanry, Ca­nonry, Prebend, Mastership, Headship, Fellowship, Professors place, or Readers place, Par­sonage, [Page 111] 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 School-master, 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 Acknowledgment following, Sci­licet,

Which said Declaration and Acknowledgment shall be Subscribed by every of the said Ma­sters, and other Heads, Fellows, Chaplains, and Tutors of, or in any Colledge, Hall, or House of Learning, and by every publick Professor and Reader in either of the Vniversities, before the Vice-Chancellor of the respective Vniversities for the time being, or his Deputy; And the said Declaration or Acknowledgment, shall be Subscribed before the respective Archbishop, Bishop, or Ordinary of the Diocess, by every other person hereby enjoyned 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 Deanry, 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 Deanry, 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 School-master, or other person Instructing,School-Ma­sters in pri­vate houses. or Teaching Youth in any private House, or Family, as a Tutor, or School-Master, shall Instruct, or Teach any Youth as a Tu­tor, or School-Master, before Licence obtained from his respective Archbishop, Bishop, or Or­dinary of the Diocess, according to the Lawes and Statutes of this Realm, (for which he shall pay twelve-pence only) and before such Subscription, and Acknowledgment made as aforesaid; Then every such School-master, and other, Instructing and Teaching as aforesaid, shall for the first offence suffer thrée months Imprisonment without bail, or mainprize, and for every second, and other such offence, shall suffer thrée 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 Diocess, (who are hereby enjoyned and required upon demand to make and deliver the same) and shall publickly and openly Read the same, together with the Declaration, or Acknowledgment aforesaid, upon some Lords Day within thrée 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 alwayes, 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 Acknowledgment so to be Subscribed and Read, these words following, Sci­licet,

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 Acknowledgment.

Provided alwayes, 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 [Page 112] 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 béen made Priest by Episcopal Ordination, upon pain to forfeit for every offence, the sum of One hundred pounds;The Penalty. One moyety thereof to the Kings Majestie, the other moyety thereof to be equally di­vided betwéen 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 Majesties 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 then next following.

Provided, That the penalties in this Act shall not extend to the Forreiners or Aliens of the Forrein Reformed Churches allowed, or to be allowed by the Kings Majesty, his Heirs and Successors in England.

Provided alwayes, That no title to confer, or present by lapse, shall accrue by any avoi­dance or deprivation (ipso facto) by vertue of this Statute, but after six months after notice of such voidance, or deprivation given by the Ordinary to the Patron, or such sentence of de­privation openly and publickly Read in the Parish Church of the Benefice, Parsonage or Vicarage, becoming void, or whereof the Incumbent shall be deprived by vertue of this Act.

No other form of Common Prayer to be openly used in any Church or publique 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 publick place of, or in any Colledg, or Hall in either of the Vni­versities, the Colledges of Westminster, Winchester, or Eaton, or any of them, other then what is prescribed, and appointed to be used in and by the said Book; And that the present Go­vernour, or Head of every Colledge, and Hall in the said Vniversities, and of the said Col­ledges of Westminster, Winchester, and Eaton, 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 Governour or Head of any the said Colledges, 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 publickly in the Church, Chappel, or other pub­lick place of the same Colledg, 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, then 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 Quéen 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 Governours, or Heads, of the said Col­ledges 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 publickly Read the morning Prayer and Service in, and by the said Book appointed to be Read in the Church, Chap­pel, or other publick place of the same Colledge, 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 Colledge, or Hall; And if any Governour or Head of any Colledge, 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, then such Government, or Headship, shall be (ipso facto) void.

Who may use the Service in Latin.Provided alwayes, 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 Chappels, or other publick places of the respective Colledges, and Halls in both the Vniversities, in the Col­ledges of Westminster, Winchester, and Eaton, and in the Convocations of the Clergies of either Province in Latine, 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 Publick Worship, within this Realm of England, or the Dominion of Wales, and Town of Berwick upon Tweed, unless he be first approved, and thereunto Licensed by the Archbishop of the Province, or Bishop of the Diocess, or (in case the Sée 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 [Page 113] Articles of Religion mentioned in the Statute of the Thirtéenth year of the late Quéen 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 Licensed, Assigned, Appointed, or Received as a Lecturer, to Preach upon any day of the week in any Church, Chappel, or place of Publick Worship with­in this Realm of England, or places aforesaid) the first time he Preacheth (before his Sermon) shall openly, publickly, 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 publickly 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, publickly, 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 publickly, 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 publick Worship, until such time as he, and they shall openly, publickly, 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 alwayes, 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 Thrée months Imprisonment in the Common Goal with­out bail or mainprise, And that any two Iustices 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 alwayes, 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, publickly, and solemnly Read by some Priest or Deacon, in the Church, Chappel, or place of Publick 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 Vniversity Churches,Proviso for Sermons and Lectures in the Vniversi­ties. in the Vniversities 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 publick Vniversity Sermon, or Lecture; but that the same Sermons and Lectures may be preached or read in such sort and manner as the same have béen 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 Lawes and Statutes formerly made for Vniformi­ty of Common Prayer con­firmed, and to be executed for punishing of­fendors against this Law. and Sta­tutes of this Realm, which have béen formerly made, and are now in force for the Vniformity 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, Intituled, 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 joyned and annexed to this Act; and shall be applied, practised, and put in ure for the punishing of all offences contrary to the said Lawes, with relation to the Book aforesaid, and no other.

Provided alwayes, and be it further Enacted by the Authority aforesaid,Letanies and Collects rela­ting to the King, Queen, &c. That in all those Prayers, Letanies, and Collects, which do any way relate to the King, Quéen, 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.

[Page 114] True printed Copies of the Book of Com­mon Prayer to be prov [...]ded in all Parishes and Churches.Provided also, and be it Enacted by the Authority aforesaid, That a true Printed Copy of the said Book, Entituled, 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, Colledg, 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 thrée pounds by the moneth, for so long time as they shall then after be unprovided thereof, by every Parish, or Chappelry, Cathedral Church, Colledge, and Hall, making default there­in.

Proviso for the Bishops of Hereford, St. Davies, Asaph, Bangor, Landaff.Provided alwayes, 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 Brittish, or Welsh Tongue, and that the same so Translated and being by them, or any thrée 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 Chap­pel of Ease, in the said respective Diocesses 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 Diocesses where the Welsh Tongue is commonly used, in the Brittish, 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 Church-Wardens 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 Accompt; And that the said Bishops and their Successors, or any thrée 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 knowledg 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 shewed 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 shewed forth in any Court as néed shall require; which said Books so to be exemplified under the Great Seal of England, shall be examined by such persons as the Kings 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 certifie in writing under their Hands and Seals, or the hands and seals of any thrée 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 déemed, 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 it self hereunto annexed; Any Law, or Custome to the contrary in any wise not­withstanding.

Proviso for the Kings Professor of Law in Oxford.Provided also, That this Act or any thing therein contained, shall not be prejudicial or hurt­ful unto the Kings Professor of the Law within the Vniversity of Oxford, for, or concerning the Prebend of Shipton, within the Cathedral Church of Sarum, united and annexed unto the [Page 115] place of the same Kings Professor for the time being, by the late King James of blessed me­mory.

Provided alwayes,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 agréed 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 it self 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 untill 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 Quéen 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.

WHereas divers abuses and deceipts have of late years béen 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 publique; which said Trade of Weaving of Stuffs hath of late times béen very much increased, and great variety of new sorts of Stuffs have béen 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 forreign Nations, to the great diminution of His Majesties Customs, and turning out of the work many thousands of poor people.

For prevention of which abuses, deceipts 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 fiftéen 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 publique 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 fiftéen Assistants shall be chosen upon the same day yearly within the City of Norwich, or County of Norfolk, in some pub­lick 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 administred by the Mayor of the said City for the time being, or his Deputy, and the Steward of the Dutchy 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 onely; 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 [Page 116] 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 néed shall be, it shall and may be lawfull 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 chuse 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 méet 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 shal séem 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 néed 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 requisit 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 Iustices of the Peace of the said City and County of Norwich for the time being, and thrée other Iustices 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 Publick 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 offendors 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 excéed the sum of Ten shillings for any one offence.

Notice of meeting by the City of Norwich, to be g [...] ­ven 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 intend 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 procéed 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 Deceipts 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 dozens 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 Moyety 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 Kings Majesties 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 Faires 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 publick 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 Seisure thereof to Tryal by a Iury, 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 Iury shall have, and hereby have po­wer to set such fine or fines upon the said Yarns, as they shall in their discrections sée cause, the same fines not to excéed the moyety of the Yarn so found defective, and the same fines to go to the Poor of the same Trade and Manufacture, as aforesaid.

Provided alwayes, 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.

[Page 117]And it is hereby further Enacted, That all sorts of Stuffs, whether woven of Woollen onely,All Woollen Stuffs and Weavers to be under the Go­vernment of the said War­dens and As­sistant. or of Wooll, 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 vertue 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, Sattens 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, then 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 veiw thereof, any such Stuffs shall be found,Defective Stuffs shall be s [...]ized and tryed by a Iury. and appear to be defective, contrary to the Rules and Ordinances of the said Wardens and Assistants, then all such defective Stuffs shall be seized by the said Wardens, or any two of them, and tried by a Iury of Twelve Artificers of the said Regulation of Worsted-weavers, 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 Iury 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 vertue 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 excéeding the moyety 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 Iury be paid; which if the Owner of the same Stuffs shall not pay to the said Wardens, or some of them, within fourty days after the Trial, then 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 Iury 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 Dutchy 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 onely, of which Iury 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 Iury in their discre­tions shall think fit, the same fine not excéeding the sum of Fourty shillings, which shall be to the use of the Kings Majesty; And that the same Iury, or any other such like Iury, from time to time to be Impanelled by, and sworn before the persons aforesaid, or any of them, shall likewise enquire 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 offendors, 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 tryal, shall be found by the Iury to be good, and duely 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 causlesly molesting, shall pay to the Wardens or Assis­tents, 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 Kings 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 Kings 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 [Page 118] Stuff under the Regulation with any counterfeit Seal,The penalty for counterfei­ting any seale of the said Trade. or shall remove a Seal off one piece, and set it unto another piece which hath not béen sealed by the Wardens, every person so offending, and being thereof convicted by his own confession, or by the Oath of two, or more Witneses, to be taken before the Mayor of the said City or his Deputy, or any one Iustice 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 Kings 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 Fourty shillings for every moneth he shall use or exercise the same Trade, not having served thereunto as aforesaid, the one half thereof to the Kings 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 Majesties Courts of Record.

Every one shall weave his own marke in his Stuff.And that every person under the said Regulation shall weave his proper Stuff-Mark into every piece of Stuff which he shall weave, or cause to be woven, at the head end of the same piece, upon pain of forfeiting thrée 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 ware 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 Ware-houses of any Merchant, common buyer, dealer in, and retai­ler of any the said Stuffs, and into the house and Work-house of any Dier, Shéer-man, Callen­der, or other workmans 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 tryed. 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 Tryal, and procéeded against in manner and form, as is before in this present Act mentioned and appointed for defective Stuffs.

Proviso for poor Iourney­men.And for the better providing that poor Iourneymen, who have served in the said Trade, and are not able to set up for themselves may be Imployed in work, It is hereby Enacted, that whatsoever person under the Regulation of the said Trade, who shall Imploy two Apprentices in the said Trade, shall likewise Imploy and set on work two Iourneymen in the said Trade, during the time he imploys two Apprentices; And that no Master-weaver under the Regulation of the said Trade, shall at any time have, imploy or set on work above two Apprentices, or any wéek-boy to weave in a Loom in the said Trade in Worsted-weaving, upon pain that every person shall for­feit for every moneth so offending as aforesaid, the sum of five pounds to the use of the Kings 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 enjoyned 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 Iustice of Peace of the said City of Norwich, or County of Nor­folk respectively, who are hereby Authorized to administer such Oath, shal forfeit the sum of Forty shillings to the use of the Kings Majesty.

And if any person lawfully Summoned to appear upon any Iury or Trial, according to the Tenor of this Act,The penalty for not appea­ring upon a Iury or try­all. shall refuse, or neglect to appear and procéed 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 Iustice of Peace of the City of Norwich, or County of Norfolk, rendring the Overplus of such distress to the Owner thereof, if any shall be, and the same shal be by him deman­ded, or otherwise to be recovered by Action of Debt, Bill, Plaint, Indictment, or Information in any His Majesties Courts of Record, wherein no wager of Law, Essoyn, or Protection shall be allowed to the Defendant as aforesaid.

And whereas the Custom hath béen 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 chiefly imployed 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 Fiftéenth day of September then next fol­lowing, [Page 119] upon pain, of forfeiting to the Kings 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 accompts to be made at the 4 assemb­lies of all fines and forfei­tures. That a true accompt 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 Iustices of the Peace of the said City and County of Norwich, and two Iustices 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 devided into two equal parts, the one Moyety 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 Moyety 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 Iusti­ces 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, Iustices, Sheriffs, Bayliffs, Constables, and all other Officers,All Mayors, bayliffs &c. to be ayding 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 alwayes, 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 Priviledges 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.

VVHereas the former Laws and Statutes for the Mending and Repairing of the Com­mon and publick High-wayes of this Realm have not béen found so effectual as is desi­red; by means whereof, and the extraordinary Burthens carried upon Wagons, and other Carria­ges, divers of the said High-ways are become very dangerous, and almost unpassable:

For remedy whereof, Be it Enacted by the Kings most Excellent Majesty, by,Surveyors of the High-wayes to be chosen yearly the Munday 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 Church-wardens 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 Mun­day or Tuesday in the Easter wéek yearly (whereof notice shall be publickly 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 High-ways 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 Church-war­dens, 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, Veiw and Survey all the Common and Publick High-ways and Bridges within the Parish, Town, Village, or Hamlet wherein he or they are respective Surveyor or Surveyors, and all Water-courses, Cau­seys, and Pavements therein which are to be Repaired and Amended at a Publick Charge of the said Parish, Town, Village or Hamlet, and shall consider what reparations shall be néedful 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 High-ways, and thereupon shall together with two or more substantial Housholders 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 High-wayes. up­on every Inhabitant rated to the Poor, and upon every Occupier of Lands, Houses, Tythes Im­propriate or Appropriat, Portions of Tythes, Coal-mines, and other Mines saleable, Vnder­woods, Stock, Goods, or other personal Estate, not being Houshold-stuff, within the said said Pa­rish, Town, Village or Hamlet, for the Repairing, Amending and Enlarging of the said publick and common High-ways, as they the said Surveyors, and other the substantial Housholders, or [Page 120] the Major part of them shall think fit, méet and necessary; which said Assessment or Assessments shall not excéed 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 Iustice of the Peace near adjoyning to the Parish where it is made, to be séen, 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 Iustice of wrong done to such person by that Assess­ment) the said Iustice shall think fit to alter the same: And in case where common Nusances are in High-ways, or where Ditches or Water-courses adjoyning unto High-ways, are not scoured and dressed, the said Surveyors shall sée 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 High-ways, and Parish-Bridges, and Stréets, the Surveyors aforementioned shall yearly at the most convenient and fitting time, betwéen the First of May, and the last of August, hire labourers, Work-men, Carts and Carriages, for Amending the High-ways, Stréets, Parish-Bridges aforesaid, and Water-courses, and shall cause them to be well and sufficiently mended.

The Survey­ors may charge Carts and Work-men.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 Iurisdictions, may yearly as he shall see cause, and néed require, direct and appoint every person and persons; who by the former Laws and Statutes of this Realm are chargeable with Wayn or Cart,2 & 3. Ph. & Mar. ca. 8. 5 El. ca 13. 18 El. ca. 10. to the amending of the High-ways; and every other person and persons chargeable, to come to labour at the said ways, to send his or her Cart or Wayn and Team so furnished, as by the Laws is directed, or to come and work for the amending of the High-ways for so many days as by the Laws are appointed, or for so many of them as the said Surveyors shall think néedful and appoint; for which Teams, work and la­bour, the said Surveyors shall pay unto such workmen and Owner of such Teams, Carts and Wayns, according to the usual rate of the Countrey, for such work as they shall do over and above what by the other Laws made for the amending the High-ways 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 Iustice of the Peace near adjoyning, 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 Eightéen 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 imploy upon the same.

In what cases High-ways may be En­larged out of mens lands next adjoy­ning.And be it further Enacted by the Authority aforesaid, That it shall and may be lawful, to and for the said Surveyors of the High-ways 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 Iustices 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 publick High-way is not of the breadth of eight yards from the shoars 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 mans several Lands next adjoyning to the said Common and publick High-way, where they shall think it néed­ful, 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 bredth of eight yards) then now it is, as conveniently the place will bear from the said shoars, 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 Iustices 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 adjoyning to the said common and publick High-ways, 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 excéeding Twenty years purchase: Pro­vided always, That if any common or publick High-way 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 publick High-way or ways was, or were to be repaired and amended.

Digging for gravel in wasts and Commons.And be it further Enacted by the Authority aforesaid, That where there is not sufficient Gra­vel, Chalke, Sand, Cinders, or Stones, within any Parish, Town, Village, or Hamlet, to re­pair their common, and publick High-ways, it shal 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 Iustices of Peace within the said County, to digg, take, and carry away Gravel, Chalk, [Page 121] 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 High-ways aforesaid, so as they fill up the place within one moneth 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, &c. may be digged in mens seve­ral grounds. That where there is not sufficient Gravel, Chalk, Stones, Cinders and Sand, or other Materials for to repair the High-ways, within the Common or Waste grounds of any Parish, Township, or Hamlet, for to amend and repair the High-ways 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 Déer in it, or Meadow) of any person or persons within the said Parish, Township, or Hamlet near adjoyning to the High-ways 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 béen paid for by Custom, or Composition, and at such rates as heretofore were paid for the same) rendring only such damages to the Occupier or Owner thereof, as he shall sustain by the digging and carriage thereof, to be assessed by two Iustices 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 Quéen Elizabeth, concerning the amending of High-ways.

And be it further Enacted by the Authority aforesaid,What num­ber of Horses or Oxen may be used in Carts and Carriages upon the High-ways. 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 Waggon, Wain, Cart or Carriage wherein any Burthens, Goods, or Wares are or shall be carried or drawn for hire other then such Carts and Carriages as are im­ployed 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 Majesties Service) shall at any one time travel, be drawn, or go in any Common or Publick High-way, 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, betwéen the first day of October, and the first of May; nor above Thirty hundred weight betwéen 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 Waggon, Wayn,No Wheels to be under 4. inches breadth in the Tyre. Cart or Car­riage for the uses aforesaid be imployed, the Whéels whereof are less in breadth then four In­ches in the Tyre, upon pain that every Owner of such Waggon, Wayn, 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 thrée equal parts, One part thereof to the Surveyors of the High-ways of the Town, Village or Hamlet, where any of the said Offences shall be committed, to be imployed in the Re­pairs of the said High-ways; 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 High-ways, Overséer or Overséers of the poor, or any of them; And in case the said penalties shall not be paid within thrée 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 kéeping & selling first deducted.

And be it further Enacted, That all and every the said offences shall be,The offences declared com­mon Nusan­ces. 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 Nusances.

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 Tryal, 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 Iury shall find for the Defendant; and in such case, as also if the Plaintiff shall be non-suit, or discontinue his Action after the Defendant hath appeared, or if upon Demurrer, Iudgment be given against the Plaintiff, or if upon Tryal 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, &c. shall be levied and im­ployed for mending the High-ways. 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 kéeping in repair of any common and publick High-ways, 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 High-ways, or removing Nusances 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 [Page 122] of common and publick High-ways, 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, Workmens 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 Iustices 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.

Accompts to be given by the Surveyors yearly of all Money raised for mending the High-ways.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 moneth next after the expiration of the year wherein he executed the said Office as Surveyor of the High-ways, make and yield up to the Inhabitants of the Parish, Town, Village or Hamlet, at some publick Méeting, to be appointed by the said Inhabitants, a perfect Accompt 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 High-ways, in the following year: And if the said Surveyor or Surveyors shall not make such an Account and Payment as before, any two Iustices 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 en­quire, hear and determine offences against this Act.And be it further Enacted, That all and every Iustices of Assise, Oyer and Terminer, and Iu­stices of the Peace, shall have power and authority, and are hereby enabled and impowred to in­quire after, hear and determine all matters concerning charitable Gifts, for the making, amend­ing and kéeping in repair any Common High-ways, Pavements, Stréets and Cawseys within the limits of their Commission, and to make Orders therein for the due imployment of such charitable gifts, according to the true intent and meaning of the Donors thereof; Except gifts to the aforesaid uses made to any Colledg, 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 premisses.

Appeal allow­ed to persons grieved. 43 El. cap. 4. In what cases only a Certio­rari may be allowed to re­move any In­dictment, &c. upon this Act.Provided, That if any person be agrieved with such Order, they shall have liberty to appeal to the Court of Chancery, as in the case of a Decrée made upon the Statute of Charitable Vses.

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 procéedings 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 procéedings shall be had by vertue 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 Iustices of Peace at their said Quarter-Sessions of the Peace shall think fit, with condition to pay unto the said prosecu­tors, within one moneth 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 Iu­stices to procéed 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 Foot-Bridge, leading thorow the said Parish, betwéen 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, Waggons 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 imployed by them in the pulling down the said Bridge, called Rey-Bridge, and imploying 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 [Page 123] contributing such sums of money towards the amending and repairing of the High-ways, 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 Iustices of the Peace of any Coun­ty, at their General Quarter-Sessions, or any two of such Iustices, near to any Parish, Town­ship, or Hamlet, shall be fully satisfied that the High-ways 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 vertue of this Act.

Provided always, And be it further Enacted by the Authority aforesaid, That the Iustices of Peace of the County of Middlesex, in their publick 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 Mannor 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 Iustices of the Peace at their said publick Sessions, are hereby enabled to make respective rates accordingly, so as the sum to be assessed for the erecting the said Bridge, excéed not the sum of One hundred pounds; and the said Iustices 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 thrée.

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 chusing Sur­veyors for the year 1662. EXP. That the Surveyors of the High-ways, named for the year One thousand six hundred sixty and two, shall within twenty days after the publication of this Act, procéed 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 High-ways 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 High-ways. the Tenant and Occupier thereof shall pay the Assessment, and bear all charges for the mending of the High-ways, and not the Landlord, except where there is or shall be any agréement be­twéen 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 vertue of this Act, shall continue in force for thrée 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.

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 subtilty of some persons, and the neglect of others, who ought to take care thereof, there are such quantities of Leather daily exported to forreign 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 [Page 124] 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 onely 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 soev [...], shall be bought onely in the open and common Fair or Market used for the putting of Leather to sale, and not in any House, Tan­ners 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 Sealers thereunto appointed, before the same be put to Sale, and upon such sale shall be Registred, and a true Entry thereof made, both by the Buyer and Seller, who are both to be present at such Registring thereof, and both their names and places of abode entred 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 imployed 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 Wooll, 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. Shooes, 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 Customes, Supervisors, Searchers, and other Officers belonging to the Customs, and to and for all Iustices of the Peace, Mayors, 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 then 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 buts, to the great impairing thereof, and the extream 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, Buts, or Calve-skins, so shaved, cut or raked, or the value thereof, and it shall be lawful for the Searchers and Sealers 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, Vsage 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 Kings 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 Nusance. 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 publick Nusance.

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 vsed, or imployed for the necessary vse, or provision of any Ship or Vessel in any Voyage beyond the Seas, and which shall not be sold in any forreign parts, so as the number do not excéed Six Raw Hides, and Thrée Tanned Hides.

Provided alwayes 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 thrée miles thereof, shall [Page 125] 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 Curryer within the said City of London, and thrée miles thereof, and within thrée wéeks after such notice shall deliver, or cause to be delivered the said Leather so bought, except such part thereof as shall be used for Soals without being curryed, tallowed, or dressed, unto the said Curryer, or Cur­ryers, to whom such notice was given, to the intent that the same may be curryed, 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, Hide, 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 thrée miles of the same City, any Curryed 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 curryed or imployed 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, Celler, or other place within the said City of London, or thrée miles of the same City, belonging unto any of the said Cordwainers, Sadlers, 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 seisure as aforesaid, he or they shall forfeit for every such offence the sum of Twenty pounds for the uses, and to be re­covered as aforesaid; And if any of the said Artificers and Dealers in cutting of Leather, do re­fuse to be present with the said Searchers, whensoever the same shall be desired by the said Master and Wardens of the Company of the Curriers, or such persons thereto assigned by them, as afore­said, then for every such default the persons so refusing shall forfeit the sum of Ten pounds for the uses, and to be recovered as aforesaid.

CAP. VIII.

An Act for Distribution of Threescore thousand pounds amongst the truly Loyal and Indigent Com­mission-Officers, and for Assessing of Offices, and Distributing Moneys thereby raised for their further Supply. EXP.

CAP. IX.

FOrasmuch as divers of His Majesties Loyal and Faithful Subjects, who out of the sense of their Duty and Allegiance to his Majesties Royal Father of ever Blessed and Glorious Me­mory, and to His Majestie that now is, have during the late Wars, wherein they have béen Imployed both by Sea, and Land, as Officers, Souldiers, and Mariners in the said Service, ex­posed themselves to the utmost hazard of their Lives, loss of their Limbs, and utter ruine of their Fortunes; and for whose Subsistence and Relief there is not yet any competent Provision made; Nor for the Relief of the Widows and Orphans of such as have died, or béen slain in the said Service.

And to the end that such as have béen eminent for their Loyalty, and Sufferings,The induce­ment and ground of this Act. in so good and just a Cause, as the Defence of His Majesties Royal Person and Government, may not passe without some Mark of Favour or Reward to be set upon them; And that others may thereby receive all due Encouragement for the time to come, to continue Loyal and Faithful to His Majesties Service, according to their bounden Duty: Be it Enacted by the Kings most Excel­lent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons in this present Parliament assembled, and by Authority of the same, That from the First day of this present Parliament, every Parish within this Realm of England, and Domi­nion of Wales, and Town of Berwick upon Tweed, shall be charged wéekly to the payment of such sum of Money, as formerly they have béen rated by vertue of a Statute made in the Forty third year of Quéen Elizabeth, Chapter the third,43 El. cap. 3. concerning the Relief of Mariners and Soul­diers, for and to such end and purpose;How Parishes may be char­ged, assessed, and levied. And likewise such further sum of Money (over and be­sides the same,) as by His Majesties Iustices of the Peace in their next Quarter-Sessions, to be held after the Feast of Easter next ensuing, or the major part of them, or at any other Quarter-Sessions to be hereafter by them held, shall be adjudged méet to be Assessed upon every Parish or Chappelry, that hath distinct Parochial Officers, so as the said additional sum excéed not the [Page 126] sum of Two shillings and six pence, nor be under the sum of Thrée pence, each wéek, for each such Parish or Chappelry, the same to be levied in manner and form by such persons, and under such penalties, as by the said Statute of Quéen Elizabeth is Enacted and Declared; And to be paid to the Treasurers for the Maimed Souldiers,Treasurer for Maimed Souldiers. appointed by the Iustices of the County, or Liberty, by vertue of this Act, and the Statute of Quéen Elizabeth aforesaid; Which said Trea­surers shall be ordered to issue out, and account for the same in such manner, and under such penalties, as by the said Statute is further Enacted and Declared; And be it further Enacted by the Authority aforesaid; [...]fficers, [...]ldiers or [...]triners Maimed or indigent, how to be relieved. That every Officer, Souldier, or Mariner maimed, indigent,, aged or disabled in body for work in the Service of His said late Majesty, or His Majesty that now is, during the late Wars, or which are so Impoverished by their Sufferings under any of the late Vsurped Powers, as that they are destitute of any competent Subsistence, or Liveli­hood, and have continued Faithful to his Trust, and not deserted the same by taking up Arms against His said late Majesty, or His Majesty that now is, or otherwise, shall forthwith repair to the place where he was last setled, before he took up Arms, with a Certificate of his Service, and hurts received, under the hand of his Captain, or other Commissionated Officer; And shall also repair unto the two next Iustices of the Peace in the County where such his Setling was; And the said two Iustices, upon the Examination of the Truth of such Certificate (which the said two Iustices are hereby impowred to take upon Oath of the party, and of such Witnesses as he shall produce) shall by Warrant unto the Treasurer, assign him Relief until the next Quar­ter-Sessions to be holden for that County, or Liberty, at which time, a yearly Pension shall be by the said Iustices, or the major part of them granted in Manner and Form, and with Power of Revocation, or Alteration, as by the said Statute is further declared, and directed; And in case that the Captain or Officer appointed to make such Certificate be dead, the said two Iu­stices shall have Power, upon Request made to them in behalf of the party maimed, or aged, indigent, or disabled, as aforesaid, by Persons of Credit, to give such Relief, as in case of Exa­mination as aforesaid.

Widowes and Orphans of Souldiers.And as touching the Widows and Orphans of such as have died, or suffered death in the said Service; It is hereby further Enacted by the Authority aforesaid, That (over and besides such Relief as they shall gain by their Work and Labour, and shall be allowed by the Charity and Benevolence of the Parish, Town, or Hamlet, where they are setled, who are hereby required to have them in special regard) the Treasurers for the Maimed Souldiers for such County, shall allow such further Relief from time to time, as shall be adjudged méet by the two next Iustices of the Peace of such County; And the said Relief shall be paid out of the Surplusage of such Stock of Maintenance, as shall remain in the hands of the said Treasurers, after such Pensions, and payment of them made, and of which Surplusage, and Allowance made unto such Widows, and Orphans, the said Treasurers shall give account from time to time, and the same distribute in such manner, as by the Iustices shall be directed, and according to the Statute aforesaid.

Treasurers, High-Con­stables, &c. to be called to Accompt for Moneys re­ceived.And be it further Enacted by the Authority aforesaid, That the Iustices of Peace in every County, or Liberty, or any two of them, shall forthwith call all such Treasurers, High-Con­stables, Petty-Constables, or other persons which have formerly béen Intrusted with the Re­ceipt, Collecting, or Disposing of any such sum of Money charged upon any Parish by vertue of the Statute aforesaid, and whereof no account hath béen given, and likewise the Executors and Ad­ministrators of such person and persons, unto a strict account concerning such Levies and Col­lections made; And such Money as they shall find remaining in the custody of such persons, to or­der forthwith to be paid for the intents and purposes aforesaid, and no other, to the Treasurer appointed by vertue of the said Statute, or to be appointed by vertue of this present Act, at the next Quarter-Sessions to be holden for such County or Liberty, under such penalty, as by the said Statute is set forth; Which said Treasurer to be appointed by this Act, shall continue by vertue hereof, until Easter Sessions following.

The continu­ance of this Act.Provided, That no Pension to be given, or assigned by Authority hereof, shall excéed to any one person the sum of Twenty pounds by the year; This Act to continue to the end of the first Session of the next Parliament.

CAP. X.

The great concernment of proportion­ing the Pub­lique Revenue, to the Charges and Expences.FOrasmuch as nothing conduceth more to the Peace and Prosperity of a Nation, and the Pro­tection of every single person therein, then that the Publick Revenue thereof may be in some measure proportioned to the Publick Charges and Expences; We therefore Your Majesties most Loyal and Obedient Subjects, the Commons assembled in Parliament, having duly considered the Premisses, do give and grant unto your most Excellent Majesty, Your Heirs and Successors, the Rates and Duties herein after mentioned, and do most humbly beséech Your Majesty, that it may be Enacted, And be it Enacted by the Kings most Excellent Majesty, by and with the Ad­vice and Consent of the Lords Spiritual and Temporal, and the Commons in Parliament as­sembled, and by the Authority of the same, That from and after the Five and twentieth day of [Page 127] March, in the year of our Lord God, One thousand six hundred sixty and two, every Dwelling, and other House and Edifice, and all Lodgings, and Chambers in the Inns of Court, Inns of Chancery, Colledges, and other Societies that are, or hereafter shall be erected within the Kingdom of England, Dominion of Wales, and Town of Berwick upon Tweed (other then such as in this Act are hereafter excepted and declared) shall be chargeable, and by this present Act, be and are charged with the Annual pa [...]ment to the Kings Majesty,Every Fire-Hearth and Stove char­ged with the yearly pay­ment of 2 s. to the King, his Heirs and Successors. his Heirs and Succes­sors for every Fire-Hearth, and Stove within every such House, Edifice, Chambers, and Lodg­ing, as aforesaid, the sum of Two shillings by the year, to be paid yearly, and every year at the Feast of St. Michael the Arch-Angel, and the Feast of the Annuntiation of the Blessed Virgin St. Mary, by even and equal portions; the First payment thereof to be paid upon the Feast-day of Saint Michael the Arch-Angel, which shall be in the year of our Lord, One thousand six hundred sixty and two.

And to the intent that a just account may be had and taken of all the said Hearths and Stoves by this Act intended to be charged; Be it Enacted by the Authority aforesaid,How an Ac­compt shall be taken of all Fire-Hearths and Stoves. That every Owner or Occupier of every such House, Edifice, Lodgings and Chambers, shall respectively within six dayes after notice given unto him or them; by the respective Constables, Headboroughs, Ty­thingmen, or other such Officers, within whose Precinct, the said House, Edifice, Chambers or Lodgings shall be, or by the respective Treasurers or Officers of Inns of Court, Inns of Chancery, or other Officers of the respective Colledges, and other Societies aforesaid, wherein any such Lodgings and Chambers shall be, deliver unto the said Constables, Headboroughs, Ti­thingmen, or other such Officers as aforesaid respectively, a true and just account in writing un­der the hands of such Owners or Occupiers as aforesaid, of all the said Hearths and Stoves which are within their several and respective Houses, Lodgings and Chambers aforesaid.

And be it Enacted by the Authority aforesaid, That the respective Constables, Headboroughs,How and when the same shall be deli­vered in. Tithingmen, or other such Officers, within whose limits any such House or Edifice charged by this Act as aforesaid, are, and the respective Treasurers, and other Officers of the respective Inns of Court, Inns of Chancery, Colledges, and other Societies aforesaid, shall by the last day of May, One thousand six hundred sixty and two, require the several Occupiers of every such House, Edifice, Lodging and Chamber aforesaid, to deliver in to them respectively Accounts in writing as aforesaid under their several and respective hands of all such Hearths and Stoves as aforesaid, as shall be within their respective Houses, Edifices, Lodgings and Chambers, and upon receipt of the same, or upon default of such Account in writing, or in case there be no occupiers, then within six dayes after notice in writing, fixt to the door, requiring such Account to be made, the said Constables, or other Officers respectively, as aforesaid, shall enter into the said respective Houses in the day-time, and compare such Accounts, and sée whether the same be truly made, or not. And if no such Account be delivered, then shall take information by their own view, of the number of such Hearths and Stoves, upon pain that every Constable, Treasurer, and other Officer aforesaid, who shall neglect to do the same, shall forfeit for every wéek he or they shall so neglect, the sum of Five pounds; and for every false return wilfully made contrary to this Act, he or they shall forfeit and lose for every Hearth and Stove so falsly returned or omitted, the sum of Forty shillings.

And be it further Enacted by the Authority aforesaid, That the several Constables, and other Officers, who are hereby authorized to take the account of the aforesaid Hearths and Stoves with­in their particular Limits as aforesaid, shall at the next Quarter-Sessions after the said last day of May, to be holden for their respective Counties, deliver all such Accounts in writing, as they shall receive, reform, or take by their own view, unto the Iustices of Peace in their respective Quarter-Sessions of the said Counties, together with a true Note of the names of all such persons who shall refuse or neglect to give unto them an account under their hands of such Hearths and Stoves within their respective Houses, Edifices, Chambers and Lodgings, as aforesaid.

And be it further Enacted,How Ac­compts of Hearths and Stoves shall be enrolled and duplicates thereof, by the Iustices of the Peace. That the said Iustices of Peace shall cause all the said Accounts of the several Hearths and Stoves within the respective Counties, to be Inrolled 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 thrée or more of the Iusti­ces of Peace of the respective Counties and places aforesaid, who are hereby required to sign the same to be returned into his Majesties Court of Exchequer within one moneth 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 moneth; and for the second moneth 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, Colledges, and other Societies aforesaid, within their respective Iurisdictions, and the several Petty-Constables, Tithing-men, Head-boroughs, and such other Officers within the respective Limits, Liberties and Iurisdictions, shall every half year, within Six days after the said duty [Page 128] 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 Majesties 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, rendring 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 Majesties Court of Exchequer, de­ducting Four pence out of every Twenty shillings, and so after that rate; whereof Thrée 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 then the Inns of Court and Chancery; and the High Sheriff of Surrey for the time being for the Burrough of Southwark, Surrey. Southwark. and all other Sheriffs of any other City or Town, being a County of it self, 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 onely, the Constables, Tithingmen, Headboroughs and other Officers shall deliver unto the Sheriffs of the Cities and places aforesaid, Duplicates of the same Accompts 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 Iustices of Peace to be Inrolled 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 Fées, 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 vertue of this Act, make payment of all the moneys levied, into His Majesties 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 Thrée pence to be for themselves, and One penny for the Clerk of the Peace, to be reco­vered as aforesaid.Officers of the Exchequer shall discharge persons who pay the duties, with­out any Fee.

And that His Majesties Officers in his said Court of Exchequer, shall discharge all such persons who paid their respective Duties without taking any Fées for the same, and shall also issue out Process to levy the said duty upon such persons who shall fail in payment thereof, where no dis­tress can be found, to be taken according to this Act.

The said Re­venue shall be paid into the Exchequer. And not char­ged with any grant or Pen­sion.And be it further Enacted by the Authority aforesaid, That the Revenue and Sum of money arising by vertue of this Act, (Except what shall be allowed to the aforesaid Officers and Minis­ters for Collecting the same) shall be duly and constantly paid and answered into His Majesties Court of Exchequer; and shall not be particularly charged or chargeable, either before it be paid into the Exchequer, or after, with any Gift, Grants, or Pension whatsoever; And that all and every Grants of any such Pensions, and all and every clause of Non obstante therein con­tained [Page 129] shall be, and is hereby declared to be utterly void, and all and every the persons to whom such Grants are passed, shall be, and are hereby made Accomptants unto His Majesty,Grantees of the same shall be accomp­tanes. His Heirs and Successors, and shall pay back all sums of money received by pretence of such Grant; and the Court of Exchequer shall be, and is hereby enjoyned to Issue out Process according­ly.

And be it further Enacted by the Authority aforesaid, That if any Action, Bill, Plaint, Suit,Persons ac­ting upon this Statute being sued therefore may plead the general Issue. or Information shall be Commenced or Prosecuted against any person or persons, for what he or they shall do in pursuance or execution of this Act, such person or persons so Sued, shall and may plead the general Issue, Not guilty; And upon Issue joyned may give this Act, and the special matter in Evidence; and if the Plaintiff or Prosecutor shall become Nonsuit, or suffer discontin­uance, or if a Verdict pass against him, or if upon a Demurrer Iudgement pass against him,Treble Costs to the Defen­dants. the Defendant shall recover treble Costs, for which there shall be like remedy as in any case where Costs by Law are given to the Defendants.

And be it further Enacted by the Authority aforesaid,Increases of Hearths or Stoves which may happen That where any Increase or Decrease of such Hearths or Stoves shall hereafter happen, that an account in writing of the same shall be had and made in like manner as the same is directed to be first taken, returned and inrolled by this Act; and a Duplicate thereof sent into the Exchequer in such sort as is before directed;Decreases how dischar­ged. And from thenceforth the Owner or Occupier of such House, where such Decrease is, shall be discharged proportionably without any further pleading in the Exchequer.

Provided always, That no person or persons shall be charged, prosecuted,Arrerages not to be charged or sued for, but within 2 years next after they become due. or brought to account for the Arrerages of any Duty, or Arrerages of Revenue raised by this Act, unless the said Suit shal commence within two years, and be brought to a Iudgement within four years, and the Duty levied within five years next after the same shall grow due.

Provided always, That no person who by reason of his poverty,Poor people exempted. or the smallness of his Estate is exempted from the usual Tares, Payments and Contributions, towards the Church and Poor, shall be charged or chargeable with any the Duties by this Act Imposed, Any thing herein before to the contrary notwithstanding.

Provided always, and be it hereby Enacted, That if the Church-wardens and Overséers of the Poor of the Parish, together with the Minister of the same, or any two of them (whereof the Minis­ter to be one) shall in writing under their hands yearly certifie their belief, that the house wherein any person doth Inhabit is not of greater value then of Twenty shillings per annum, upon the full improved Rent; And that neither the person so Inhabiting, nor any other using the same Mes­suage, hath, useth, or occupieth any Lands or Tenements of their own or others, of the yearly value of Twenty shillings per annum, nor hath any Lands, Tenements, Goods or Chattels, of the value of Ten pounds in their own possession, or in the possession of any other in trust for them; That then in such case, upon such Certificate made to the two next Iustices of Peace, and allowed (for which Certificate and allowance no Fée shall be paid) the person on whose behalf such Certificate is made, shall not be returned by the Constable, or other Officer; And the said house is hereby for that year discharged of, and from all the Duties by this Act impo­sed; Any thing herein to the contrary notwithstanding.

Provided also, and be it Enacted by the Authority aforesaid, That if any person or persons,Further Pe­nalty upon any person that shall ac­cept or procure any pension, Gift, or grant for years &c. bo­dies Politick or Corporate, shall at any time hereafter procure or accept of from the Kings Majes­ty, His Heirs or Successors any Pension, Gift, or Grant for years, life, or any other Estate, or any sum or sums of money, out of the Revenue arising by vertue of this Act, that then such person or body Politick or Corporate, procuring or accepting the same, shall forfeit double the value of such Pension, Gift, or Grant; The one moyety of which forfeiture shall be to the use of the poor of the Parish or Parishes, where the said Offenders be, or inhabit, to be recovered by the Church­wardens, the other moyety to him that will sue for the same, by Action of Debt, Bill, Plaint, or Information,

Provided that this Act,Blowing hou­ses Stamps Furnaces Kilns Ovens Hospitals. or any thing herein contained shall not extend to charge any Blowing­house, and Stamp, Furnace, or Kiln, or any private Oven within any of the houses hereby char­ged, nor any Hearth or Stove within the scite of any Hospital or Alms-house for the relief of poor people, whose Endowment and Revenue doth not excéed in true value the sum of One hun­dred pounds by the year.

Provided,The pay­ments and duties char­ged only upon the Occupiers. That the payments and duties hereby charged shall be charged only on the Occupier for the time being of such Hearth, or Stove, dwelling in such house, whereto such Hearth or Stove shall be belonging, his Executors or Administrators, and not on the Landlord who Let or De­mised the same, his Heirs, Executors or Assigns.

Provided also, That no person or persons Indebted for any the Duties aforesaid, shall thereby be priviledged as a Debtor or Debtors to His Majesty, His Heirs or Successors,No priviledg 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.

12 Car. 2. cap. 19.FOrasmuch as it appears, that several unlawful and indirect means and devices are daily put in practise, 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 Dues, Customs, and Subsidies, as well by secret and deceitful designs, as by open force and violence used against the Kings Majesties Officers, imployed 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 thrée days coming from Graves-end to the place of her discharge (within the River of Thames) without touching or staying at any Wharf, Key, or place adjoyning to either Shoar betwéen Graves-end and Chesters-Key (unless apparently hindred 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 Burthen, 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 Countrey 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 Vnlading,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 Kings Majesty that now is, His Heirs or Successors, or shall belong to, or have Commission from any forrein 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 Merchandize, 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 Comptroller Outwards of such Port where he shal 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 depart 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 Comptroller 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 Merchandize, together with the Marks and Numbers of such Goods and Merchandize, and shall likewise publickly 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 shal be appointed by His Majesty for managing the Customs, the Customer or Collector and Comptroller, or their Deputies concer­ning such Goods and Merchandize 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 béen 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 Merchandize whatsoever, before such Captain, Master, Purser, or other person taking charge of the Ship or Merchants 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 Comptroller 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 knowledg, and shall have answered upon his or their Corporal Oath, to such Questions concerning such Goods and Merchandizes, as shall be publickly administred 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 Comptroller, or their Deputies, and shall be liable to all Sear­ches and other Rules which Merchants Ships are subject unto, by the usage of his Majesties Cus­tom-house (victualling Bills and Entring 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 [Page 131] or persons which are or shall be appointed for managing the Customs, and Officers of His Majes­ties Customs, and their Deputies, shall and may fréely enter and go on board all and every such Ship or Vessel of War, and bring from thence on shoar into His Majesties Store-house 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 Majesties 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 Iewels, if they be Outwards bound; and if they be Ships or Vessels Inwards bound, from thence to bring on shore into His Majesties Store-house, as aforesaid, all small Parcels of Fine Goods or other Goods which shall be found in Cabbins, 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 sus­pition that they were intended to be fraudulently conveyed away; And all other sorts of Goods whatsoever, for which the Duties of Tunnage & Poundage were not paid or Compounded for with in Twenty days after the first Entry of the Ship, to be put & remain in the Store-house aforesaid, until His Majesties 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 sée 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 fréely 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 Boat-swain, 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 imbezelled, 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, Boat-swain, 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 béen 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, Subsidie, and other Duties due upon the Importation thereof, have not béen paid, then the Master, Purser,The Penalty. or other person taking charge of such Ship or Vessel, shal 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 Majesties Court of Exchequer, to take a Constable, Headborough, or other Publick Officer inhabiting near unto the place, and in the day time to enter, and go into any House, Shop, Cellar, Ware-house 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 Merchandize whatsoever, prohibited and uncustomed, and to put and secure the same in His Ma­jesties Store-house, in the Port next to the place where such seizure shall be made.

And for the better encrease of Shipping and Navigation, Be it further Enacted,An accompt to be given of all forreign Ships in all Ports of England. That the Collectors, and other Officers of His Majesties 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 Intituled, An Act for encreasing and en­couraging of Shipping and Navigation,) of all Forreign built Ships in their Ports,12 Car. 2. cap. 18. owned and be­longing to the people of England, of what built and burthen they are, for which Certificates have béen 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 Majesties Court of Exchequer, on, or before the moneth of December, in the year 1662. there to remain upon record. And that no Forreign built Ship (that is to say) not built in any of his Majesties Domi­nions of Asia, Africa, or America, Forreign built Ships not to have the priviledg 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 expresly named in the said List, shall enjoy the priviledge 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 Reprizal, and condemnation made in the Court of Admiralty, as lawful Prize) but all such Ships shall be déemed as Aliens Ships, and be liable unto all Duties that Aliens Ships are liable unto by vertue of the said Act for encrease of Ship­ping and Navigation. And whereas it is required by the said Act, that in sundry cases the Master and thrée fourths of the Mariners are to be English, it is to be understood, that any of his Majesties 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 béen 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 béen hindred, 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, béen forcibly carried and conveyed away, Be it Enacted by the Authority aforesaid, That where any Officer or Officers shall [Page 132] 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 hindred, 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 Iustice of Peace, or other Magistrate, be com­mitted to Prison, there to remain till the next Quarter-Sessions: And the Iustices of the Peace of the said Quarter-Sessions, shall, and are hereby impowered to punish the Offender by Fine, not excéeding 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 procéeded 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 Kéeper 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 Wharfs, Cranes, or Keys, any Goods, Wares or Merchandize prohibited, or whereof any Custom, Subsidy, or other Duties are due and payable unto the Kings Majesty, without the presence of some of the Officers of His Majesties 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 Quéen 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 Majesties Officers, That in every such case all and every such Wharfinger and Kéeper of such Wharfe, Crane or Key, shall forfeit and pay the sum of One hundred pounds; And if any Goods or Merchandize 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, Water-man, 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, Water-man or other person or persons so offending being apprehended by Warrant of any Iustice of the Peace for that County, City or Borough which the said Iustices, & 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 Iustice 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, Vnder-Treasurer or Barons of the Exchequer; And in case he or they so convicted, shall afterwards at any time offend in the like kind, then he and they shall and may by any Iustice of the Peace as aforesaid, be committed to the next Gaol, there to remain for the space of Two Moneths 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 Vnder-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 carryed 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 Majesties Customs, all such Wares and Merchandizes shall be forfeited and lost, and that the Master of every Ship or Vessel that shall lade 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 Kings 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 entred 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 moneths after the date of such Cocquet and Cocquets, under the Hands and Seals of the Kings Majesties 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 Majesties Officers of the Customs to whom such secu­rity hath béen 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 béen landed out of any Ship or Vessel, That such Officer shall lose his Imployment, and moreover forfeit the sum of Fifty pounds,The Penalty. and suffer one years Imprisonment without bail or mainprize, and be incapable of serving [Page 133] 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, &c. The penalty. And if any person whatsoever shall Counter­feit Rase, or Falsifie 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 man­ageing his Customs, the Customer or Collector, and Comptroller 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 Comptroller, 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 Kings Maiesty, 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 Tunnage 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 entred in their names.

Be it also hereby Enacted, That upon any Actions,There shall be no party Iury in actions or suits concern­ing customs. Suits and Informations that shall be brought, commenced, or entred upon any Law or Statute concerning the Kings Majesties Sub­sidies of Tunnage and Poundage, or Ships or Goods to be forfeited by reason of unlawful Im­portation or Exportation, there shall not be any Party Iury, 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 forreign 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 then 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 Merchandize 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 Carlile, and then, and there pay the Custom and Subsidy granted and due to the Kings Majesty, by an Act of this present Parliament, Entituled,12 Car. 2. cap. 4. A Subsidy granted to the King of Tunnage and Poundage, and other Sums of Money payable upon Merchandize Exported and Im­ported; And if any Goods, Wares or Merchandize 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 Merchandize, or the value thereof shall be forfeited and lost.

And whereas in and by an Act of Parliament in the First year of Quéen Elizabeth, 1 El. cap. 11. When and where Mer­chandize shall be landed and custom paid. of fa­mous memory, directing when and where Merchandize shall be landed, and Customs paid; it is amongst divers other things Enacted and Ordained, That no Goods, Wares or Merchandize 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 Wharfs, [Page 134] (Except the Port of Hull) as her Highness, her Heirs and Successors should therefore assign or appoint by vertue 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, béen resident, to which no such Commissions were sent, nor places, keys, nor wharfs 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 Traffique and Commerce, as for Landing and Discharging, Lading and Shipping of Goods, Wares, and Merchandize; It is Enacted and Ordained, and be it Enacted and Ordained by the Authority aforesaid, That the Kings Majesty may from time to time by his Highness Commission, or Commissions out of his Court of Exche­quer, assign and appoint all such further Places, Ports, Members and Créeks (except the Town of Hull) as shall be lawful for the landing and discharging, lading or shipping of any Goods, Wares or Merchandize, within the Kingdom of England, Dominion of Wales, or Port or Town of Ber­wick upon Tweed, and to what ancient and head-Ports respectively such Places, Members or Creeks shall belong and appertain; And where any such Member, Créek, or Place shall be so (as aforesaid) appointed by vertue of the said Commission or Commissions, the Customer, Collector, Comptroller and Searcher of the head-Port, shall by themselves, or their sufficient Deputy or Deputies, servant or servants, reside and inhabit, for the entring, clearing, and passing, shipping and discharging of Ships, Goods and Merchandize; And by vertue of the aforesaid Commission or Commissions, may likewise set down and appoint the extents, bounds, and limits of every Port, Haven, or Créek within his Majesties Kingdom of England, Dominion of Wales, and Town and Port of Berwick, whereby the extents, limits and priviledges of every Port, Haven and Créek, may be ascertained and known; And it shall not be lawful for any Person or Persons whatsoe­ver, to lade, or put, or cause to be laden or put off, or from any Key, Wharf, or other place on the Land, into any Ship, Vessel, Lighter, Boat or Bottom, any Goods, Wares, or Merchandize what­soever, (Fish taken by his Majesties Subjects, Sea-coal, Stone and Bestials only excepted) to be Transported into any place of the parts beyond the Seas, or carried by land into the Realm of Scot­land, or to take up, discharge, or lay on land, or cause, or procure to be taken up, discharged, and laid on land out of any Boat, Lighter, Ship, Vessel or Bottom (being not in Leak or Wreck) any Goods, Wares, or Merchandize whatsoever (Fish taken by his Majesties Subjests, Bestials and Salt only excepted) to be brought from any of the parts beyond the Seas, or by land from the Realm of Scotland, by way of Merchandize, but only upon such open Place, Key or Wharf, Places, Keys or Wharfs, as his Majesty shall from time to time assign and appoint by vertue of such Com­mission and Commissions as aforesaid, in his Majesties Port of London, and the Members and Liberties thereof, in any other Port, Place, Member or Créek within his Majesties Kingdom of England, Dominion of Wales, and Town and Port of Berwick, without special sufferance and leave first had from the Commissioners and Officers of his Majesties Customs, upon the penalty of the forfeiture of all such Goods, Wares and Merchandize.

For avoiding Practises be­tween Own­ers of goods and Infor­mers, to avoid payment of customs. None to seize any goods but officers of the customs.And forasmuch as it doth appear by daily experience, That there are great Practises and Com­binations betwéen the Importers and Owners of Goods and Merchandizes, and the Seizers and Informers, with design and intent to defraud the force of the Law, and his Majesty of his Du­ties and Customs; Be it Enacted by the Authority aforesaid, That no Ship or Ships, Goods, Wares, or Merchandize, shall be seized as forfeited, for or by reason of unlawful Importation or Exportation, into, or out of this Kingdom of England, Dominion of Wales, or Port and Town of Berwick, or any the Ports, members or Créeks thereunto belonging, or for not payment of any Customs or Subsidies now due, or hereafter to be due and payable to his Majesty, but by the person or persons who are or shall be appointed by his Majesty to manage his Customs, or Officers of his Majesties Customs for the time being, or such other person or persons as shall be deputed and authorized thereunto by Warrant from the Lord-Treasurer, or Vnder-Treasurer, or by special Commission from his Majesty under the Great or Privy-Seal; And if any Seizure shall hereaf­ter be made by any other Person or Persons whatsoever for any the Causes aforesaid, such seizure shall be void and of none effect, any Statute, Law, Act, or Provision to the contrary in any wise notwithstanding.

In any suit a­gainst persons imployed a­bout the cu­stoms, the De­fendant may plead the ge­neral issue. 12 Car. 2. cap. 18.And be it further Enacted by the Authority aforesaid, That in every Action, Suit, Indict­ment, Information or Prosecution, wherein or whereby the person or persons which are or shall be appointed by his Majesty for managing his Customs, or the Officers of his Majesties Customs, or any Officer or Officers, Person or Persons authorized by his Majesty to put in execution the Act of Parliament, For encreasing and encouraging of Navigation, their Deputies or Servants, or any others acting in aid of them, have béen, are, or shall be sued, indicted, prosecuted or molested, it shall be lawful for all and every the said Persons, their Heirs, Executors and Administrators, to plead the general Issue,And to give this for other acts relating to customs or Navigation in evidence. and to give this or the aforesaid Acts of Parliament, relating to the Customs and Navigation in evidence, in any of his Majesties Courts of Iustice, or other Courts where the said matter shall be depending; And the Iudges of the said Courts are hereby strictly enjoyned and required to admit the same, and to acquit and indemnifie them, and every of them, of, and from all such Suits, Indictments, Informations, or Prosecutions, for or concerning any matter or thing [Page 135] acted or done in the due and necessary performance and execution of their respective Trusts and Imployments therein.

Be it hereby also Enacted for avoiding of fraudulent Compositions, That if any Seizer.For avoyding fraudulent compositions by Informers. In­former or Officer as aforesaid, shall not prosecute to effect for the bringing to Tryal and Con­demnation the Ships, Goods and Merchandize by them Seized or Informed against, That then, and in every such case, it shall be lawful to or for any of the person or persons which are or shall be appointed by his Majesty for managing his Customs, or the Officers of the Customs, or other person or persons deputed by them, or thereunto Authorized by the Lord-Treasurer, or Vnder-Treasurer to make seizure of, or inform against such Goods and Merchandize, or bring his Action for the same by way of Devenerunt, and that they shall be estéemed and adjudged in Law as the true first Informers and Seizers, and have the benefit of such Informers or Seizers; Any Law, Statute, Act or Vsage to the contrary in any wise notwithstanding.

And that no Informer or Officer be suffered to compound under one Third of the 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 Kings Majesties Offi­cers, or other persons appointed to manage His Majesties 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 imployed in or about the Affairs of the Kings Customs and Subsidies, shall directly or indirectly take or receive any bribe, recompence or reward, in any kind whatsoever, or connive at any false Entry of any Goods or Merchandizes, whereby the Kings Majesty, His Heirs or Successors, shall be defrauded or hindred, 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 Imployment under the Kings 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, Recompence 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 moneths time to the Treasurer of England, the Chancellor, Vnder-Treasurer, or Barons of the Exchequer, he shall for that Offence be clearly acquitted and discharged.

And be it further Enacted,Forreign goods, where to be landed, and how weighed and numbred. That all forreign Goods and Merchandize 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 Comptroller, 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 Wharfs where the said person or persons so to be appointed, Customer, or Collector or Comptroller, shall appoint, and not elsewhere, and there or in his Majesties Store-house of the respective Ports, at the Election of the said person or persons so to be appointed and Officers, shall be measured, weighed and numbred, 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 Accompt, 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 Majesties Customs, Customer, or Collector and Comptroller 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 imployed 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 Majesties Customs, or Officers aforesaid) Import or Export any Goods or Merchandize 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 Merchandize 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, Rozen, Deal-Boards, Firr, Timber, or Olive-Oyl, 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 incouraging 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 lade or unlade any Goods, or take in or set on shore any Passengers, Yet notwithstanding there is great difficulty [Page 136] 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 above-said 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 Tunnage, 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, Water-man, 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 Tunnage 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,Tunnage up­on V negar, Perry, Rape, Cyder and Cy­der eager. Imported from and after the four and twentieth day of June, One thou­sand six hundred sixty and two, from Forreign Parts, is hereby Rated to pay to the Kings Ma­jesty a Subsidy of Tunnage of Four pounds Ten shillings per Tun Imported by English, and Six pounds Imported by Stangers, 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 Tunnage and Poundage is directed and appointed; And the same are by vertue 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 English-man Exporter, the sum of Thrée pounds Ten shillings per Tun, and to the Alien Four pounds Fiftéen 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 thrée and twentieth year of the Reign of Quéen Elizabeth of famous Memory, Entituled, Logwood and Blockwood shall not be used in Dying of Cloth, 39 El. cap. 11. &c. And by another Statute made in the Nine and thirtieth year of the aforesaid Quéen Elizabeth (Entituled, 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 fréely to use the same in Dying or Colouring any sort of Goods or Manufacture whatsoever, the aforesaid two Statutes, or any other Law, Statute, Vsage, Custom, Patent of priviledge, 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 enjoyned in the late Act, Entituled, An Act for encouraging and encreasing of Shipping and Navigation, and paying a Subsidy to the Kings 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, Entituled, An Act of Subsidy granted to the King of Tunnage and Poundage, 12 Car. 2. ca. 4. and other Sums of Money payable upon Merchandize Ex­ported and Imported: Excepting onely 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 Tunnage 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 incouraging and increasing of Shipping and Navigation, or any Clause or Article therein, may be entred and prosecuted in his Majesties Court of Exchequer at Westmin­ster, That upon all such Suits and Informations to be brought upon the Act of Tunnage and Poundage, and the Act aforesaid, or any other Act or Statute concerning the Importation of Goods or Merchandize 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, Entituled, An Act for the incouraging 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 tryal shall be had upon the Case, according to the distance of place where such Commission or Commissions are to be executed; [Page 137] and that the Examination of Witnesses so returned shall be admitted for evidence in Law at the Tryal, as if it had béen given Viva voce by the Examinate in Court; Any Law, Statute or Vsage 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 onely, or in cases where the Informer shall deferor delay his coming to as spéedy a Tryal 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 Moyety of all the Forfeitures before in this Act mentioned and appointed, shall be to the Kings Majesty, his Heirs and Suc­cessors, and the other Moyety to such person or persons as shall Seize or Sue for the same by Bill, Plaint, or Information in his Majesties Court of Exchequer, or any other his Majesties 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 Block-houses, as also all Iustices of the Peace, Mayors, Sheriffs, Bailiffs, Constables and Headboroughs, and all the Kings Majesties 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 Customes, and the Officers of his Majesties Customes, and their Respective Deputies in the due Execution of all and every Act and Thing in and by this present Act required and en­joyned; And all such who shall be aiding and assisting unto them in the due execution hereof, shall be defended and saved harmless by vertue 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 Kings 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 Imployments committed to their charge and inspection; And that no person or persons shall hereafter be imployed or put in trust in the busi­ness of the Customs, untill 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 out­ports, 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 Entred and Registred in the Custom-house of every respective Port where the person so taking the Oath as aforesaid, shall have his residence and imployment.

Provided also, and be it Enacted by the Authority aforesaid,Persons im­ployed about the Customs, shall demand nor take any more then the fees due by Law. That if any person imployed in his Majesties 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 re-payments 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 lyable to double Costs and Damages.

And for the better increase of good and serviceable shipping,Of what sise and burden Merchants Ships shall be, and what men and am­munition they shall carry. and securing the publick 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 Merchandize 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 then 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 Majesties Domi­nions, Fish, into any of the Ports of the Mediterranean Sea aforesaid, in any English Ship or Vessel whatsoever, Provided that one moyety of her full lading be Fish only, and in such case to Import any Wares or Merchandize in the same Ship for that Voyage, without paying any other Rates or Duties of Tonnage or Poundage for the same, then were heretofore accustomed.

And for the better encouragement of building good and Defensible Ships; Be it Enacted,Encourage­men [...] 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 Majesties Dominions, any Ship or Vessel of Thrée Decks, or Two Decks and a half, with a Fore-Castle, and Five foot betwéen 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 Majesties Dominions to any forreign parts, have and receive [Page 138] 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 Kingdome; And the Commissioners and Officers of His Majesties 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 alwayes, 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 Kings 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.

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 Kingdome of England, and Dominion of Wales, is very great, and ex­céeding burthensome, being occasioned by reason of some defects in the Law concerning the set­ling of the Poor, and for want of a due provision of the regulations of relief and imployment in such parishes or places where they are legally setled, which doth enforce many to turn incor­rigible Rogues, and others to perish for want, together with the neglect of the faithfull exe­cution of such Laws and Statutes as have formerly béen 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 set­led, coming to any Tenement under ten pounds yearly value. upon complaint made by the Church-wardens, or Overseers of the poor of any Pa­rish to any Iustice of Peace, within Forty dayes 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 Iustices 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 setled, either as a native Housholder, Sojourner, Apprentice or Servant, for the space of forty dayes at the least, unless he or they give sufficient security for the discharge of the said Parish to be allowed by the said Iustices.

Persons grie­ved, may ap­peal to the Quarter Sessi­ons.Provided alwayes, That all such persons who think themselves agrieved by any such Iudgement of the said two Iustices, may appeal to the Iustices 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 lawfull 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 Iustices 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 setled, 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 Iustice 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 publick Work-house in this present Act hereafter [Page 139] mentioned, there to be imployed in work or labour; And if the Church-wardens, 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 Iustice 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, Work-house or Work-houses within the Cities of London and Westminster, and within the Burroughs, Towns and places of the County of Middlesex and Surrey, scituate, lying and being within the Parishes mentioned in the Wéekly Bills of Mortality, consisting of a President, a Deputy to the President, and a Treasurer; And that the Lord Mayor of the City of London for the time being be President of the Corporation or Corporations, Work-house 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 President 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 President and major part of the Assistants, as aforesaid: And that a President, a Deputy-President, a Treasurer and Assistants be nominated and appointed by the Lord Chancellor, or Lord Kéeper 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, Work-house 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,President, De­puty-president, Treasurer and Assistants for Middlesex & Surrey, how to be elected. there shall be elected and chosen by the major part of the Iustices 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 President, a Deputy-President, a Treasurer and Assistants for the Corporation or Corporations, Work-house or Work-houses of the places aforesaid in Middlesex and Surrey; And that upon the vacancy by death, or otherwise of any of the Presidents, 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 Iustices 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, Work-house or Work-houses, how many Poor people have béen imployed and set to work in the year last past, and what stock there was, and is remaining; which Presi­dent, Deputy-President, and Treasurer for the time being respectively, shall for ever hereafter in name and fact, be Bodies Politick and Corporate in Law, to all intents and purposes, and shall have a perpetual Succession, and may Sue or Plead, or be Sued and Impleaded by the name of the President and Governours for the Poor of the respective places aforementioned, in all Courts and places of Iudicature within this Kingdom, and the Dominion of Wales, and the Town of Berwick upon Tweed; and by that Name every of the said Corporations shall and may without License in Mortmain, purchase or receive any Lands, Tenements, or Hereditaments, not excéeding the yearly value of Thrée thousand pounds per annum, of the Gift, Alienation or Devise of any person or persons, who are hereby without further License enabled to give the same, and any Goods, Chattels, or sums of Money whatsoever, to the use, intent and purposes hereafter limited and appointed; And the each respective Corporation, or any Seven of them, shall have hereby Power and Authority from time to time to méet and kéep Courts for the ends and purposes in this Act expressed, at such time and place as shall be appointed by the said Presi­dent, his Deputy, or the Treasurer, who are hereby required upon the desire of any Four of the said Corporation, at any time to cause a Court to be warned accordingly; And shall have hereby Authority from time to time to make and appoint a Common-Seal for the use of the said Corpo­ration.

And it is further Enacted by the Authority aforesaid,The powers of the said Presi­dent and Go­vernours of the said Cor­porations. That it shall and may be lawful to and for the said President, and Governours of the said Corporations for the time being, or any two of them, or to, or for any person authorized and appointed by them or any two of them, from time to time to apprehend, or cause to be apprehended, any Rogues, Vagrants, Sturdy Beggars, or Idle or disorderly persons within the said Cities and Liberties, Places, Divisions and Precincts, and to cause them to be kept and set to work in the several and respective Corporations or Work-houses; and it shall and may be lawful for the major part of the Iustices of Peace in their Quar­ter-Sessions, to signify unto his Majesties Privy Council, the names of such Rogues, Vagabonds, Idle and Disorderly persons, and Sturdy Beggars as they shall think fit to be Transported to the English Plantations; and upon the approbation of his Majesties Privy Council to the said Iu­stices of Peace signified, which persons shall be Transported, it shall and may be lawful for any [Page 140] two or more of the Iustices of the Peace, them to Transport, or cause to be Transported from time to time, during the space of thrée years, next ensuing the end of this present Session of Par­liament, to any of the English Plantations beyond the Seas, there to be disposed in the usual way of Servants, for a term not excéeding Seven years.

A stock for supply of the work, how to be provided in London, West­minster, Mid­dlesex, Surrey.And be it further Enacted by the Authority aforesaid, That if the President and Governours of any of the said Corporations shall certify under their common Seal, their want and defect either of a present stock for the Foundation of the Work, or for supply thereof for the future, and what sum or sums of Money they shall think fit for the same, to the Common-Council of the said City of London, and the Burgesses and Iustices of Peace in their Quarter-Sessions of the said City of Westminster, and the Liberties thereof, or the Iustices of the respective Counties of Middlesex and Surrey, assembled in either Quarter-Sessions, That thereupon the Common-Council of the said City of London, the Burgesses of the said City of Westminster, and the Iustices of Peace of the said Cities and Counties in their Quarter-Sessions assembled, are hereby required from time to time to set down and ascertain such competent sum and sums of money for the purposes afore­said, not excéeding one years rate from time to time usually set upon any person, for, or towards the relief of the Poor, and the same to proportion out upon the several Wards, Precincts, Coun­ties, Divisions, Hundreds, and Parishes, as they shall think fit; And thereupon the Aldermen, Deputies, and Common-Council-men of every Ward in the City of London, and Burgesses and Iustices of the Peace of the City of Westminster, and the Liberties thereof, and Iustices of the Peace of the said Counties of Middlesex and Surrey, shall have power and Authority, and are here­by required equally and indifferently, according to the proportions appointed as aforesaid, for the several Wards, Precincts, Cities and Parishes as aforesaid, to tax and rate the several Inhabi­tants within the said respective Wards, Precincts and Parishes, as well within Liberties as without; with which Tax, if any person or persons find him or themselves agrieved, supposing the same to be unequal, he or they shall and may make their complaint known to the Iustices of the Peace at the next open Sessions, who shall take such final order therein, as in like cases is al­ready by the Law provided.

And it is further Enacted by the Authority aforesaid, That it shall and may be lawful to and for any Alderman of the City of London, or his Deputy, or the Burgesses and Iustices of Peace of the City of Westminster, and the Liberties thereof, or any two or more of them, or any two Iu­stices of Peace of the respective Counties of Middlesex and Surrey, by their Warrant under their Hands and Seals, to authorize the Church-wardens or Overséers for the Poor within the places and Parishes aforesaid, to demand, gather and receive of every person and persons, such sum and sums of money as shall be Assessed upon them by vertue of the Taxations and Contributions afore­said; And for default of payment within ten dayes after demand thereof made, or notice in wri­ting left at the dwelling-house or lodging of every person so Assessed, to levy the same by distress and sale of the goods of every such person, and after satisfaction made, to restore the surplusage to the party so distrained.

Stocks for­merly in Lon­don for relief of the poor, how to be paidAnd be it Enacted by the Authority aforesaid, That all Stocks raised for the relief and imploy­ment of the Poor, in the City of London and Liberties thereof, which was in the hands of a Cor­poration heretofore appointed in the said City for that service, or in the hands of any other person or persons whatsoever, before the Nine and twentieth day of September, which was in the year of our Lord, One thousand six hundred and sixty, commonly called the Feast of St. Michael the Archangel, or at any time since, together with all the Arrears of money formerly alloted for that Service, or Legacies given to the same end, shall be payable to the Treasurer of the Corporati­on or Corporations, Work-house or Work-houses to be established by this present Act, who are hereby authorized and impowred 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 enjoyned 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 expences which have béen 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 President and Gover­nours, 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 Beggers 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 Iustices of Peace in their Quarter-Sessions assembled, to be allowed by the major part of them, and confirm­ed by order of the said Court.

[Page 141]And it is further Enacted by the Authority aforesaid,Power to choose and en­tertain officers That the President and Governours of any of the said Corporation or Corporations, Work-house, 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 néedful to be imployed in and about the premisses; 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 Work-house, as they shall think fit.

And it is further Enacted by the Authority aforesaid, That all Sheriffs, Bailiffs, Constables,All Sheriffs, &c. to be assist­ing the said Corporation & their officers. and all other Officers and Ministers of Iustice shall be aiding and assisting to the said Corporati­on or Corporations, and to all such Officers as shall be imployed 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 béen duly executed, sometimes for want of Officers, by reason Lords of Mannors do not kéep 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 dye, or go out of the Parish, any two Iustices of the Peace may make and swear a new Constable, Headborough, or Tithing­man, untill the said Lord shall hold a Court, or untill 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 Iu­stices of Peace in their Quarter-Sessions may discharge such Officers, and may put another fit person in his or their place, untill the Lord of the said Mannor 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 Quéen 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 Iustice 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 Iustices of Peace, or any other Iustice or Iustices of Peace, shall procéed 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 Iustice 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 Iustice 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, then such Iustice is hereby required to procéed 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 Iustice 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 Quéen.

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 Church-wardens 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 thrée 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 Iustices of Peace,43 El. cap. 2. as aforesaid, the said Constable, Headborough, or Tithingmen shall have power by Warrant under [Page 142] the hands and Seals of two Iustices of Peace, to levy by distress and sale of the goods of any person or persons refusing to pay the same, rendring the overplus to the Owner, if any shall be.

Putative fa­thers of Ba­stard-children, running away how to be pro­ceeded against.And whereas the putative Fathers and lewd Mothers of Bastard-Children run away out of the Parish, and somtimes 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 Church-wardens and Overséers for the poor of such Parish, where any Bastard-Child shall be born, to take and seise 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 Iustices 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 Church-wardens 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 treble Damages.

Lancashire, Cheshire, Derbyshire, Yorkshire, Durham, Cumberland, Westmerland. 43 El. cap. 2.Whereas the Inhabitants of the Counties of Lancashire, Cheshire, Derbyshire, Yorkshire, Northumberland, the Bishoprick of Durham, Cumberland, and Westmerland, 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 thrée and fortieth year of the Reign of the late Quéen Elizabeth, for relief of the poor; Therefore be it Enacted by the Autho­rity aforesaid, That all and every the poor, néedy, 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 setled, 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 thrée and fortieth year of Quéen 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 non­performance 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 Iustices 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 Iustices, 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 thrée and fortieth year of the said late Quéen Elizabeth, under such and the like pains and penalties for the non-performance of their Duties, to be levyed and disposed of as is nominated and expressed in the said Act.

Power of the Iustices to transport rogues and vagabonds.Provided alwayes, and be it Enacted by the Authority aforesaid, That it shall and may be law­full for the Iustices 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 priviledges heretofore granted by the Kings and Quéens of this Realm, his Majesties 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 un­till the nine and twentieth day of May, One thousand six hundred sixty five, and the end of the first Session of the next Parliament, then next ensuing, and no longer.

CAP. XIII.

VVHereas great numbers of the Inhabitants of this Kingdom are imployed in the making of Bonelace, Band-strings, Buttons, Néedlework, Fringe, and Imbroideries, 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 Forreign parts, by reason whereof, they have béen 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 then by their labours and endeavours in the said Art: And whereas the persons so imployed in the said Mystery have heretofore served most parts of this Kingdom with Bonelace, Band-strings, Buttons, Néedlework, and Imbroidery: 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 Majesties Customs and Revenues have béen much advanced, until of late, that great quantities of Foreign Bonelace, Band-strings, Néedlework, Cut-work, Fringe, Silk, Bonelace, Buttons, and Im­broidery 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 Whole-sale as Re­tail, without ever entring of the same in any of his Majesties 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 imployed 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 imployment; 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 Quéen 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 imployed in the said Art and Manufacture; And for the quick­ning, 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, sell, or cause to be sold, or offer to sale, within the Kingdom of England, or Dominion of Wales, or export any Foreign Bonelace, Cut-work,Foreign bone­lace, cut­work, imbroi­dery, fringe, band-strings, prohibited to be sold or im­ported from beyond Sea. Imbroidery, Fringe, Band-strings, 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, Cut-work, Fringe, Imbroidery, Band-strings, 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, Cut-work, Imbroidery, Fringe, Band-strings, 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, Cut-work, Imbroidery, Fringe, Band-strings, 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, Cut-work,The penalty. Imbroide­ry, Fringe, Band-strings, 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, Cut-work, Imbroidery, Fringe, Band-strings, Buttons, or Néedle-work 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 moyety to the King, the other to the prosecutor. The Moyeties of all which Forfeitures to be to the use of our Sovereign Lord the Kings Majesty, his Heirs and Successors; and the other Moyety to him, or them that shall sue for the same in any of the Kings 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 Iustice 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 Iustices 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 [Page 144] 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 Ware-houses, and dwelling-houses of such person or persons as shall be suspected to have any such Foreign Bonelaces, Imbroi­dery, Cut-work, Fringe, Band-strings, 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 Moneths after the discovery of such offence, Any former Act, or Law to the contrary notwithstanding.

CAP. XIV.

12 Car. 2. c. 11VVHereas in the Act of Frée and General Pardon, Indempnity and Oblivion, made in the Twelfth Year of your Majesties Reign, and since confirmed by another Act, Intituled, An Act for confirming Publick Acts, 13 Car. 2. c. 7. made in the thirtéenth year of your Majesties Reign, there is (amongst other exceptions) excepted all and singular the Accounts of all Prize-Goods, and of all moneys and other Duties grown due, or contracted upon the sale or disposition of them or any of them; By vertue whereof, and of another Act made in the said thirtéenth year of your Majesties Reign,13 Car. 2. c. 3. Intituled, An Act for the Declaring, Vesting, and Setling 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 publick use; And all Captures and Seisures of Prizes and Tenths of Prizes to, or under pretence of any publick 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-goods in the Court of Ad­miralty. or seised, 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, then 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 Seisures, and Tenths of Prizes, were referred to the said Court of Admiralty, and all the Processes, Exhibites, Writings, Examinati­ons, Depositions, Procéedings, Passages, Condemnations, Sentences, Decrées, and Orders, touching and concerning Prizes and Captures, and Seisures 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, Sub-Collectors and Vnder-Treasurers of Prize-goods, Commissioners and Sub-Commissioners of Prize-goods, 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 surprize or receive to or for the publick use, or by pretence thereof any Ships, Plate, Iewels, Bullion, Money, Silver, Gold, Arms, Ammunition, Wares, Mer­chandizes or any manner of Goods whatsoever seised 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 premisses and all the Dependencies thereof respectively in the said Court of Admiralty, and shall and may be by your Majesties Advocate and by such other of your Majesties Councel in that [Page 145] 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 Majesties Name, and to and for your Majesties 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 procéeded against, sued and prosecuted in due course according to their respective cases for all and every the said Prizes, Ships, Goods, Moneys and Premisses recei­ved or had by them and still in arrear, and wherewith they are as aforesaid chargeable;The Court of Admiralty impowred to proceed upon suits for prize-goods taken at any time since Ian. 30. 1642. and be­fore 29 May 1660. and not accounted for. And the said Court of Admiralty is hereby enabled and authorized to procéed thereupon according to the Laws and course of that Court, and to do and minister right and Iustice therein, with all things thereto requisite; And to give sentences and final Decrées and condemnations therein as by the rules of Iustice ought to be, and that in the most spéedy 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, Hinderance, Obstruction or Im­pediment whatsoever, that your Majesty may be for the same satisfied and paid according to right and Iustice.

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 Majesties Royal Father of Blessed memory, or your Majesties Reign belonged and appertained unto the Lord High Admiral of England, or Lord Warden of the Cinque Ports for the time being, by vertue of the said Office, and have béen at any time since the year of our Lord, One thousand six hundred forty and eight, usurped, possessed or seised by any person or persons, Bodies Politick or Corporate, and not having accounted for the same to any Authority or pretended Authority, Vsurping the Government of this Nation, and not pardoned by the Act of Oblivion, That all such person or persons, Bodies Politick or Corporate, shall account and pay the same to his Royal Highness, James Duke of York, your Majesties onely 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 béen imployed or authorized by the said Lord High Admiral) to the contrary in any wise notwithstanding.

Provided alwayes, and be it Enacted by the Authority aforesaid,How in defect of Iurisdicti­on in the Ad­miralty, suit may be in the Exchequer. That in case of defect of Iu­risdiction 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 Majesties Court of Exchequer, spéedy procéedings 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 Iustice.

CAP. XV.

VVHereas the Company of Silk-throwers within the City of London and Liberties,The Silk-throwers 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 Politick, and are known by the name of the Master, Wardens, Assistants and Commonalty of the Trade, Art or Mystery of Silk-throwers of the City of London; And whereas the said Trade is of singular use, and very advantagious to this Commonwealth, by imploying the poor, there being imployed 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 burthensome to the places of their aboad; And whereas the present Governours 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 méet withal by Intruders, who have not béen 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 Governours, 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 Apprentiship 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 moneth the said person shall use or exercise the said Trade, the one moyety thereof to the use of his said Majesty his Heirs and Successors, and the other moyety [Page 146] 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 Iustices of Oyer and Terminer, or the Iustices 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 Silk-throwers 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 miles 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 enjoyned 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 moneth 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 moyety thereof to the use of his said Majesty, his Heirs and Successors, and the other moyety 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 Iustices of Oyer and Terminer, or the Iustices of Peace at their Quarter-Sessions of the Peace, by Action of Debt, Bill, Plaint or Information, or by any other lawful wayes 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 agréeable 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 miles compass of them or either of them, all such grants, powers, priviledges and authorities as by this present Act, or in or by the said Letters Patents of Incorporation are given or granted, or mentioned to be given or granted, for or concerning the regulation, exercise or government of the said Trade, Art or Mystery, or any matter or thing relating there­unto, or of such person or persons as do, or shall exercise the same; Any thing in the said Letters Patents, or any Act, Statute or other matter or thing to the contrary thereof in any wise notwithstanding.

And whereas there is a necessity lying upon the Silk-throwers, to deliver their Winders or Doublers, considerable quantities of silk, which being of a good value, is by evil disposed persons many times unjustly, deceitfully and falsly purloined, imbezeled, pawned, sold and detained, to the great damage, and somtimes the utter undoing of the Thrower who employs the said per­sons: Be it further Enacted by the Authority aforesaid, That every such Silk-winder and dou­bler,The punish­ment of silk-winders that imbezel goods delivered to them. who shall at any time hereafter, unjustly or deceitfully and falsly, purloin, imbezel, pawn, sell or detain any part of Silk delivered or to be delivered by any Silk-thrower, or other person, to them or any of them, to wind or double, that in every such case and cases, as well the Winder or Iourneyman so offending, as the Buyer and Buyers, Receiver and Re­ceivers of such Silk, being thereof lawfully convicted, by confession of the party or par­ties so offending, or by one witness upon Oath before one or more of the Iustices of Peace of the County or Liberty where the same offence or offences shall be committed; or if it be within any City or Town-Corporate, before the Mayor, Bailiff or chief Offi­cer of the said City or Town-Corporate, who by force of this Act are impowred and au­thorized to minister the same Oath, and finally to hear and determine all and every the Offences aforesaid, and to give and make to the party and parties grieved such recom­pence and Satisfaction for such their Dammage and Loss and Charges thereabouts, as by the said Iustice or Iustices, or Chief Officers shall be Ordered and Appoin­ted.

Provided that no more damage be given or awarded then the party grieved shall prove he is damnified, and hath expended in looking after the same; And if the party or parties so offending shall not be able or sufficient to make recompence or satisfaction for the said Offence, nor do make Recompence or Satisfaction for the same Offence or Offences within fourtéen dayes next after such conviction in such manner and form, as by the Iustice or Iustices or Chief Officers shall be ordered and appointed as aforesaid, then the party or parties so offending, for the first Of­fence shall be apprehended and Whipped, or set in the Stocks in the place where the Offence is committed, or in some Market Town in the said County near unto the place where the Offence or Offences aforesaid shall be committed, as shall be limited and appointed by the said Iustice or Iustices of the Peace or Chief Officers, and for the second Offence, to [Page 147] incur the like, or such further punishment by whipping or being put in the stocks, as the said Iustice or Iustices of the Peace, or chief officers shall in their discretion think fit and conveni­ent.

And be it likewise Enacted by the Authority aforesaid,Persons re­ceiving such imbezeled goods, how to be punished. That all and every Receiver and Recei­vers, Buyer and Buyers of any silk, or such as take to pawn any silk imbezeled or purloined, con­trary to the meaning of this Act (matter of fact being proved) shall make satisfaction within the time aforesaid, or else shall be subject to like punishment as by this Act is inflicted, or pro­vided to be inflicted upon such person so imbezeling or purloyning any such Silk as afore­said.

Provided always,What persons may be im­ployed not ha­ving served as apprentices. that it shall and may be lawful to and for any Fréeman of the said Company of Silk-throwers, to set on work and imploy any person or persons, being native Subjects to his Majesty and no others, whether they be men, women or children, to turn the Mill, tye threads, double silk and wind silk as formerly they have used to do, although such person or persons who shall be so set on work, and imployed in the works and services aforesaid, shall not have served or béen bred up as Apprentices to the trade of Silk-throwing by the space of seven years, and that all and every the said person and persons who shall be set so on work, and imployed by any Frée­man of the said Company in the works and services aforesaid, shall and may be imployed by any Fréeman of the said Company in the works and services aforesaid, or any of them, without any let or molestation, Any thing in this Act to the contrary notwithstanding.

Provided,The said Cor­poration may not set rates upon their workmen. and be it Enacted that the said Corporation of Silk-throwers shall not by vertue of this Act, nor any thing therein contained, make any Orders, Ordinances or By-Laws, to set any rates or prizes whatsoever upon the Throwing of Silk, to bind or inforce their members to work at; but that their respective members shall be left at liberty to contract with their respe­ctive Imployers, and also with the persons that they imploy at such rates, as they and their im­ployers, and the persons imployed shall agree upon, any thing in this Act to the contrary in any wise notwithstanding.

CAP. XVI.

BE it Enacted by the Kings most excellent Majesty, by and with the Advice and consent of the Lords Spiritual and Temporal, and the Commons in this present Parliament Assembled, and by the Authority of the same, That all and every person and persons who are accountable to the Kings Majesty, and their Accounts are not pardoned, but excepted by the late Act of Frée and General Pardon, Indempnity and Oblivion,12 Car. 2. c. 11 The penalty against such persons as shall not within a certain time perfect their Accounts. 33 H. 8. c. 39. and against whom there is any charge now remain­ing in his Majesties Exchequer, and shall through their default not perfect his or their Account be­fore the end of Trinity Term in the year of our Lord, One thousand six hundred sixty and two, That then the charge against all and every such person or persons shall be taken as a Debt by Writing Obligatory or Recognizance taken or acknowledged to the Kings Majesty according to the Statute of the thrée and thirtieth of King Henry the Eighth, Chapter 39. And that all and every other person or persons whose Accounts are excepted in the said Act of Oblivion, and have or shall have a Charge or Information against them in his Majesties 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 then 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 Kings 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 un­till 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.

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 imploy­ed in levying money by ver­tue 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 vertue 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 then the Kings 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 authorize the levying or collecting of any sum or sums of money, which are pardoned by the late Act,12 Car. 2. c. 11 Entituled, An Act of Free and General Pardon, Indempnity, and Oblivion.

CAP. XVIII.

WHereas against the Laws of this Kingdom great number of Shéep, and great quantities of Wooll, Wool-fels, Mortlings, Shorlings, Yarn made of Wool, Wool-flocks, Fullers 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 ruine 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, wooll, woolfels, mortlings shorlings, yarn woolflocks, Fullers 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, Carryed, 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 Kingdome of Scot­land any Shéep or Wool whatsoever, of the bréed or growth of the Kingdoms or Dominion afore­said, or any Wool-fells, Mortlings, Shorlings, Yarn made of Wool, Wool-flocks, or any Ful­lers 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 Shéep, Wooll, Wool-fels, Mortlings, Shorlings, Yarn made of Wooll, Wool-flocks, Fullers 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, Carryed, 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 Shéep, Wooll, Wool-fels, Mortlings, Shorlings, Yarn made of Wool, Woolflocks, Fullers Earth or Fulling Clay, shall be so Exported, Transported, carryed, 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 Shéep, Wooll, Wool-fels, Mortlings, Shorlings, Yarn made of Wooll, Woolflocks, Fullers Earth or Fulling Clay, shall be so exported, transported, carryed 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, Comptroller, 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 felon, and every Offender and Offenders therein, being duly convicted, shall suffer and forfeit as in case of fe­lony.

[Page 149]And be it further Enacted by the Authority aforesaid, That every offence,Offences a­gainst this Act where to be examined & tryed. which shall be done or committed contrary to this Act, shall and may be enquired of, and heard, examined, tryed, and determined in the County where such Shéep, Wool, Woolfels, Mortlings, Shorlings, Yarn made of Wool, Woolflocks, Fullers 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 béen 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 Tryal, 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 Wool-flocks are close packed and pressed together with serues, and other unlawful engines into Butts, Pipes, Hogsheads, Chests and other Cask and Vessels, and into Sacks, Baggs and other wrappers made of Wool, or Linen, and under colour of Bales, Sacks, Baggs, 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 carryed, conveyed, exported and transported out of the Kingdoms, Town of Berwick, and Domi­nion aforesaid; and also great quantities are daily carryed and laid at, or near the Coasts of the Sea, or some Navigable Rivers, into Store-houses and Barns, and by night are laid on board of Shallops and other Vessels belonging to Aliens, and so carryed 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 adjoyning thereunto, any such Wool, Wool-flocks, 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. Wool-flocks, 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 Sea-shoar, or to any Navigable River as aforesaid, or the value thereof.

And whereas great quantities of Fullers Earth or Fulling Clay,Fulling clay, Tobacco-pipe clay not to be exported. are daily carried and exported under the colour of Tobacco-pipe Clay, Be it therefore Enacted by the Authority aforesaid, That no Tobacco-pipe Clay 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 thrée shillings for every pound of Tobacco-pipe Clay 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 &c. shall not be carryed but in the day time. Wool-fels, Mortlings, Shorlings, Yarn made of Wool, Wool-flocks, Fullers Earth, Fulling Clay or Tobacco-pipe Clay, 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, betwéen 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, betwéen 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 moyety of all which forfeitures mentioned in this Act, to be to the use of the King, his Heirs and Successors, and the other moyety 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, disanul and make void any the Penalties, Clauses, or Provisoes men­tioned in one Act of this present Session of Parliament, made against the transportation of Wool, Wool-fels, Fullers 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, Wool-flocks or other goods mentioned in this Act, that by the aforesaid Act is permitted to be loaden on board of any Ship or Vessel, [Page 150] 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 shéep, wool, woolfels, mortlings, shorlings, yarn made of wool, wool-flocks, Fullers earth, Fulling clay, or Tobacco-pipe clay, shall within thrée moneths next after the knowledg 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 carryed, 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 vertue 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 nu­sance. 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 publick Nusance.

And for the better execution of this Act, be it further Enacted, that all Iustices of Assize, Iusti­ces of Goal-delivery, and Iustices of Peace shall enquire of all the premisses 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 Iurisdiction to try felony, shall en­quire of all and every Offence within this Act not made felony, and hear and determine the same.

CAP. XIX.

WHereas by the Acts of Parliament made in the third year of King Edward the fourth, and the nine and thirtieth year of Quéen 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 béen imployed 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 Card-wire, but also Foreign wool-cards have béen 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 béen 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 wayes 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, card-wire 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 Card-wire, 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 Card-wire 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 Card-wire, 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 Card-wire as aforesaid, or put the same to sale, shall forfeit the said wool-cards and Card-wire or Iron wire for making wool-cards or the value thereof, if the same be not seised, the one half part there­of to the Kings Majesty, and the other half part thereof to such person or persons who shall first seise or sue for the same by Action of Debt, Plaint, Bill, Information, or Indictment in any of his Majesties 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 onely) any their old overworn wool-cards, in any parts beyond the Seas out of his Majesties Domini­ons.

CAP. XX.

WHereas by an Act Entituled, An Act for taking away the Court of Wards and Liveries, 12 Car. 2. cap. 24. and Tenures in Capite, and by Knights Service, and Purveyance, and for setling a Revenue upon His Majesty in lieu thereof, It was amongst other things Enacted, for the reasons and recompence 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 Quéen of England for the time being, or of any the Children of any King or Quéen of England that shall be, or for his, their, or any of their Houshold, 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 Cattel, Carts, Ploughs, Wayns, 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 Quéens of England for the time being, for the carrying the Goods of his Majesty, his Heirs or Successors, or the said Quéens, or children, or any of them, without such full and free consent as aforesaid, Any Law, Statute, Custom, or Vsage 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 Majesties Navy and Ordnance. One thousand six hundred sixty and two, as often as the Service of his Majesties 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 Majesties Navy, or under the hand and seal of the Master of his Majesties Ordnance for the time being, or under the hand and seal of the Lieutenants of his Majesties Ordnance, for the providing of Carriages for the respective service of the Navy or Ordnance, unto two or more Iustices of the Peace dwelling near unto the place where the said Iustices 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 Majesties Ordnance for the time being, or by the principal Officers or Commissioners of his Majesties 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 summe 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 Majesties Navy, by Warrants under the hands and seals of any two or more of them, as also for the Master of his Majesties Ordnance for the time being, by Warrant under his hand and seal, and also for the Lieutenant of his Ma­jesties Ordnance, by Warrants under the hands and seals of either of them, as often as the ser­vice of his Majesties 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 Majesties Officers, and the Owners of such Ships, Hoys, Lighters, Boats, or other Vessels, shall not agree on the said rates, then the rate to be setled 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 Majesties 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 Majesties 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 Iustices 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, [Page 152] by the Oath of such person as shall be appointed by the Lord High Admiral, the principal Officers or Commissioners of his Majesties Navy, the Master of his Majesties Ordnance, or the Lieutenant of his Majesties Ordnance, as aforesaid, or other two credible witnesses, before the principal Officers or Commissioners of his Majesties Navy, or Master or Lieutenant of his Maje­sties 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, treble the freight of such Ship or Vessel, not excéeding Fifty pounds in the whole, to the Kings Majesties 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 Iustices of the Peace, Mayor, or other chief Officer, or from the principal Of­ficers or Commissioners of his Majesties Navy, or Master or Lieutenant of his Majesties Ordnance respectively, (rendring 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 Iourney from the place where they receive their lading, or be compel­led to continue longer in the imployment, then shall be appointed by the Order of the said Iustices 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 Iustice 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 Majesties Navy, the Master of his Majesties Ordnance, or the Lieutenant of his Majesties Ordnance, as aforesaid, respectively, shall take any gift or reward to spare any person or persons,No gifts or re­wards may be taken by Iu­stices 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 then the necessity of the service shall re­quire, or then he shall be commanded to impress by his Superiours, 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 Ma­jesties 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 then persons impowered as aforesaid. The penalty. Oxen, Wayns, or Carriages for Land; or any Ships, Hoys, Lighters, Boats, or other Vessel, for the service of his Majesties Navy or Ordnance, other then the Persons so impowered as aforesaid, then 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 fraigh­ted by charter-party exemp­ted.Provided always, and be it Enacted, That no Ship, Hoy, Barque, or any other Vessel what­soever, that shall be really, and bona fide, fraighted 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 lyable 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, untill 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 then 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 Majesties Navy; It shall and may be lawful for the Iustices 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 onely) to allow as aforesaid to the several Owners of such Carts and Carriages, not excéeding 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.

WHereas the Office of Sheriff as well by reason of the great and unnecessary Charges in the time of Assises, and other publick méetings, as by the tedious attendance and charge of Sheriffs in passing of their Accompts in the Exchequer, hath of late years béen very burthen­some to the Gentry of this Your Realm, who in the late times of Tyranny and Oppression have béen great Sufferers, and thereby much Impoverished in their Estates and Fortunes, for remedy wherein Your Majesties 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 Spirituall and Temporall, 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 Majesties Realm, shall from and after the First day of [Page 153] February next ensuing,Sheriffs at the Assises may keep no tables for others then of their own Family and Retinue. Nor make no present or gift to any Iudge of Assise. The number of Servants with Liveries in England. Wales. Penalty of 200 l. in the time of the Assises held for the said County or Shire during his or their Sherifalty, kéep, 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 Assises, other then those that shall be of his own Family or Retinue; nor shall make, or send in any Present to any Iudge, or Iudges of Assise 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 then Forty Men-servants with Liveries, at­tending upon him in the time of the said Assises, nor under the number of Twenty Men-ser­vants in any County whatsoever within the Kingdom of England, nor under the number of Twelve Men-servants in any County within the Dominion of Wales, upon pain that every She­riff offending in any of the premisses 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, Westmer­land, and Ci­ties & Coun­ties. or any ways concern the Sheriffs of the City of London and Middlesex, and the Sheriff of Westmerland, 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 béen 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 accompts 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 béen 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 Accompt of Seizures or Foreign Accompt, and by the exaction of undue Fées of Sheriffs up­on their apposal concerning the same.

For the preventing whereof, and for the future ease of Sheriffs in passing their Accompts;Seizures of Lands remai­ning charged Michaelmas, 1660. Be it Enacted and Declared, That from henceforth every Seizure for or concerning any Lands, Tenements, and Hereditaments now remaining charged in the Foreign accompt of any Sheriff or Sheriffs within the Kingdom of England for the year ended at Michaelmas, One thousand six hundred and sixty, shall be from the said Foreign accompt charged particularly in the great Roll of the Exchequer; And that the several Remembrancers of the said Court, or their respective Deputies do in their respective Officers forthwith,Seizures here­after taken or returned. and so from time to time for the future write, and make true and perfect Copies of all and every such other Seizure, and In­quisition as already are, or hereafter shall be certified into their respective Offices, without certify­ing the Copy of the Writ, or Commission at large upon which such Seizure or Inquisition is, or shall be so taken or returned, mentioning only in brief the Date of the said Writ or Commission, and shall deliver the said Copies well and truly examined and attested under his or their Hands, to the Engrosser of the said great Roll; And that all such of the said Seizures and Inquisitions as now are returned into any of their respective Offices shall be delivered before the first day of February next coming: And that all such other seizures as shall hereafter be returned, or certi­fied into their respective Offices shall be delivered so examined and attested as aforesaid to the said Engrosser before the first day of the next Term, after the said Remembrancers shall have received the same, so as the same may be charged in the great Roll; To the end that the Processe of the Court may from thence issue for levying the Issues and Profits thereof to the use of the Crown, unto which said Remembrancers or their Deputies shall be from time to time paid for every Sheet which they, or their respective Clerks shall so write and deliver, the sum of eight pence,Fees to the Remembran­cers. the same to be paid unto them by the aforesaid respective Sheriffs, who shall be allowed the same by the Barons upon their respective Accompts out of the Issues and Profits arising out of the Premisses so seized; and no Sheriff or Sheriffs for this persent year, One thousand six hundred sixty and one,Sheriffs shall not answer il­leviable sei­zures, Farm, Rents, &c. nor any Sheriff or Sheriffs to be hereafter made or appointed within this Kingdom of England shall be charged in accompt to answer any illeviable Seizure, Farm, Rent, or Debt, or other Seizure, Farm, Rent, Debt, matter, or thing whatsoever which was not writ in Processe to him or them to be levied; wherein the persons of whom, or the Lands or Tenements out of which, together with the cause for which the same shall be so levied, shall be plainly and particu­larly expressed, but shall be thereof wholly discharged without Petition, Plea, or other trouble, or charge whatsoever.

And it is hereby further Enacted and Declared,Seizures be­fore 1 Jac. and divers others to be left out of the Sheriffs accompt. That all Seizures heretofore made before the first Year of the Reign of the late King James of ever blessed memory, now remaining in the Accompts of the Sheriffs, and all Seizures and Debts which are pardoned shall be, and are hereby fully discharged; And that the same and every of them shall hereafter be left out of Sheriffs accompts without further Order, Plea, Petition, or other Charge to any Sheriff or Sheriffs whatsoever; And that no Processe shall from henceforth be written forth to any Sheriff for the levying of the same, or any of them, nor for any other Rent or Farm, which [Page 152] [...] [Page 153] [...] [Page 154] cannot be explained by setting forth the particulars thereof, or which have been unanswered by the space of forty years last past; And that all other dead Farms and Seizures, and all desperate, illeviable, and unintelligible Debts shall be removed out of the Annual Roll, and Sheriffs Charge, into the Exannual Roll, there to remain, untill by Commission they shall be revived and made answerable.

Process for Debts to be sent forth in convenient time.And to the end, that all new Debts arising and coming into the Exchequer for the future may be sent forth in Processe within convenient time; Be it also Enacted and Declared, That the aforesaid several Remembrancers do forthwith inrol and certify to the said Ingrosser of the great Roll, all such Debts as any Sheriff or Sheriffs of this Realm are, or hereafter shall be charged withall, either by vertue of their respective Retorns made to the Barons of the said Ex­chequer upon his Majesties Writs of Fieri facias, Levari facias, Capias, or other Processe; and also of all Fines and Amerciaments which are or shall be set and imposed by the Court of Exche­quer upon any Sheriff or Sheriffs for his or their contempts or neglects (that is to say) That all and every such Debts, Fines, and Amerciaments as now are returned, set, or imposed in any of the said Offices, shall be delivered as aforesaid, before the First day of February next ensuing: And all such Debts, Fines and Amerciaments as shall hereafter be returned, set, or imposed in any of the respective Offices shall be also delivered by the First day of the next Term, after such Retorns made,The penalty upon officers for doing any thing against this Act. or such Fines or Amerciaments so set, or imposed, that so they may be all charged in the Sheriffs Accompts respectively, and comprehended within his or their Quietus est, upon pain that every Officer or Officers in the said Exchequer, who shall in any thing offend contrary to this pre­sent Act, shall forfeit the sum of Forty pounds for every such offence, whereof one moyety shall be to the King, his Heirs and Successors; and the other moyety to the party or parties who shall be thereby agrieved, to be recovered by Action of Debt, Bill, Plaint, or Information, in any of his Majesties Courts at Westminster, wherein no Essoin, Protection, Priviledge or Wager of Law shall be allowed or admitted.

9 E. 2. St. Lin­coln. 4 E. 3. cap. 9. 5 E. 3. cap. 4.And it is hereby further Provided and Ordained, That no person shall be assigned to be Sheriff of any County within this Realm, except such as have Lands within the same County sufficient to answer the King and his people.

And whereas by an Act made in the One and twentieth year of the Reign of our late Soveraign Lord King James over England; 21 Jac. cap. 5. It was provided, That whensoever any Sheriff upon passing his Accompts,A Quietus est to be a sufficient discharge for a Sheriff, if not questioned within four years after grant thereof. should have his Quietus est, that he should be thereby absolutely discharged of all sums of Money by him Levied and Received, and pretended not to be accompted for with­in the said Accompt, 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 Accompted for within four years after the time of such Accompt, and Quietus est; which Act notwithstanding, divers She­riffs and their Heirs, upon such pretences, have béen molested and troubled many years after their Accompts 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 Ac­compts, 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 Levyed and Received, notwithstan­ding any such pretence that the same were not accompted for, or other pretence whatsoever, unless such Sheriff or Sheriffs shall be called in question, and that Iudgment shall be given against him or them for the same, within four years next after such Accompt, 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 alwayes, 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 accompting; but that the Sheriffs therein shall accompt as formerly before the re­spective Auditors only, and not elsewhere.

Proviso touch­ing the Kings Remembran­cer. Lord Treasu­rers, Remem­brancer.Provided, That this Act or any thing therein contained, shall not extend to enjoyn His Ma­jesties Remembrancer, or the Lord Treasurers Remembrancer, to transcribe and deliver to the Ingrosser of the great Roll, any Inquisitions or Seisures, but such as have béen formerly charged in the Foreign Accompts 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 béen, according to the constant usage and Decrée of the Court of Exchequer: Nor shall this Act, or any thing therein contained, extend to exclude His Majesties said Remembrancer, of, or from the writing forth Process for, or upon any His Majesties 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 seised, or to be seised into the Kings hands, or Process of Venditioni exponas for Goods seised, or to be seised upon any Debt to His Majesty, His Heirs or Successors, or upon any Outlawry, or to alter or change the Pleadings, or other Procéedings heretofore used and accustomed in the said Office upon any Pleadings, touching the said Debts, Duties and Seisures, or any of them whatsoever; And that no Debt, Duty, Fine, Amerciament or Seisure whatsoever, which shall be charged in the said great Roll of the [Page 155] Pipe upon any person whatsoever, by, or from any Record, Process or Procéeding had, made, filed, or recorded in the Office of His Majesties Remembrancer of his Exchequer, nor any Process or Procéeding thereupon to be had or made, by vertue of this Act, shall be respited, stayed, miti­gated, extenuated, compounded, or otherwise discharged, but by Order, Warrant or Iudg­ment made, filed or entred in the said Office of His Majesties 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 béen, or shall be awarded for, or upon any such Debt, Duty, Fine, Amerciament, or Seisure whatsoever, and the same Debt, Duty, Fine, Amercia­ment, or Seisure 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, certifie the same in a Schedule into the Office of His Majesties 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 Majesties Remembrancer in His Exchequer, in any just, ancient and lawful Fées 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.

VVHereas a great number of Lewd, Disorderly, and Lawless Persons, being Thieves and Robbers, who are commonly called Moss-Troopers, have successively for many and sundry years last past béen 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 Wayes 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 Iustice, 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 excéedingly more increased and abounded, and the several Inhabitants of the said respective Counties have béen for divers years last past necessitated at their own frée 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 Iudgment; And whereas the most part of the Inhabitants of the said Counties be­ing more remote from the Borders then 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 néeds 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 Spirituall and Temporall, and Commons in this present Parliament Assembled, and by Authority there­of, that from and after the Feast of St. Michael the Arch-angel, 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 Iustices 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 sée 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 severall 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 Iustices of Peace of the respective Counties aforesaid, are hereby impowred and au­thorized at any their General Quarter Sessions aforesaid to appoint and imploy from time to time, if occasion require, any person or persons to have the Conduct and Command of a certain number of men, not excéeding 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 tryal of the Law. And all and every the said Iustices of Peace of the respective Counties aforesaid, or the major part of them at any General Sessions of [Page 156] the Peace to be holden for the said Counties, or either of them respectively, are hereby further impowred 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 Iustices 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 Iustice 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 procéeded withall according to Iustice.

And the said respective Iustices of Peace, as aforesaid, are hereby further Impowred 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 Iustices at the General Sessions of the Peace to be holden for the said respective Counties: And the said Iustices are also Impowred to agrée and article with such person or persons yearly, as they shall think fit to imploy 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 imployed 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 Tryal 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 Imployment, and to suffer such Fine and Imprisonment, according to the quality of his or their offence, as the Iustices 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 Iustices of Peace of either of the said Counties as aforesaid respectively, at any time hereafter, to moderate or lessen the said charge, if they sée 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.

WHereas by an Act of Parliament made in the Thrée and fortieth year of the Reign of Quéen Elizabeth of happy memory,43 El. cap. 12. Entituled, 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 Kingdome, thereby to ad­vance and increase the Wealth of this Realm, her Majesties 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 Kéeper 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 Kéeper should séem méet, for the hearing and determining of Causes arising on Poli­cies of Assurance, such as then were, or then after should be entred within the Office of Assurance of the City of London; which Commissions should be directed to the Iudge 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 discréet Merchants, or any five of them, which Commis­sioners, or the greater part of them which should sit and méet, should have full Power and Au­thority to Hear, Examine, Order and Decrée all and every such Cause and Causes, in a brief and summary course without formalities of pleadings or procéedings, 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 Decrées; 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 Decrée, to exhibite his Bill in [Page 157] Chancery for the re-examination of such Sentence or Decrée, 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 procéed 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 then the Iudge of the Admiralty, or the Recorder of London, shall procéed in the execution of such Commission, before he hath taken his Oath before the Lord Maior, and Court of Aldermen, to procéed uprightly and indifferently betwéen 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 Decrées, 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 Kéeper of the Great Seal of England for the time being,Three Com­missioners impowred to act. to issue out yearly (or oftner if néed re­quire) one standing Commission under the Great Seal of England, thereby impowring and au­thorizing the said Commissioners, or any thrée 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 procéed 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 thrée of them as aforesaid, be and hereby are impowred 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 procéed 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 procéed up­rightly and indifferently betwéen 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 procéed in Execution of the said Commission, before he be first Sworn before the Lord Mayor of London for the time being, to procéed uprightly and indifferently betwéen party and party, as formerly he should have béen 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 thrée of them as aforesaid, shall find cause to examine Witnesses beyond the Seas, or any remote parts of his Majesties 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 thrée of them, like Commissions or Process shall issue out of the Court of Admiralty, as have formerly béen for the purposes aforesaid, returnable before the said Commissioners; And that the said Com­missioners, or any such thrée of them, shall have also power to give and pass their final Sentence, Decrée, 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 Assesse Costs of Suit upon such person or persons, as shall be condemned by the Decrée of the said Court as to them shall séem Iust.

And forasmuch as many Witnesses (as Sea-men and others) come and spéedily 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 procéed 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.

WHereas divers Noblemen, Gentlemen, and persons of quality, no ways bred up to Trade or Merchandize, do oftentimes put in great stocks of money into the East-India Company, or Guiney Company, and the Fishing Trade, and such other publike Societies, and receive the procede of those Stocks sometimes in ready monies, sometimes in Commodities, which they usually sell for money, or exchange again, by which means the Trade of those Companies is much incouraged, Fishing, and Navigation increased, and the publike 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 publike, there hath béen lately some opinion conceived that such persons may, and ought 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 publike undertakings: 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 joynt 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 Royall 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 onely 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, Estéemed or Repu­ted a Merchant or Trader within any Statute or Statutes for Bankrupts, or be lyable to the same.Proviso for other Tra­ding.

Provided always, and it is hereby Declared, That every person or persons who shall Trade, Traffique, or Merchandize 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 béen made, Any thing in Act to the contrary notwithstanding.

The Iudg­ment concern­ing Sir John Wolstenholme made void.And be it further Enacted, That a Verdict and Iudgment in Replevin heretofore had, or given in the Term of Easter, in the Year One thousand six hundred fifty thrée, in the Kings 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 lyable to a Commission of Bankrupts only, for and by reason of a share he had in the Ioynt-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 Purchasors 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 vertue or colour of any Commission or Commissions taken out against the said Sir John Wolstenholme; and whereof any person or persons is by vertue or colour of, or under any such Act, Sale, or Disposi­tion actually seised or possessed, shall be hereby impeached, or frustrated, but that the same be in­joyed for and toward satisfaction of the Debts, for which the same have béen disposed or distri­buted.

CAP. XXV.

VVHereas many Loyal Subjects of our late Soveraign Lord King Charles the First, and of the Kings 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 onely to part with great [Page 159] 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 seised 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 then 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, &c. 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 joyntly, or in common with them, or in Reversion or Remainder after them, to any person or persons, Bodies Politick 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 onely,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 Premisses 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 premisses so granted, or setled, 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 onely unto whom the right, and interest of and in the same Advowsons, Rectories, Gléeb-Lands, Tithes and pre­misses 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 béen 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 béen made.

CAP. XXVI.

FOrasmuch as Butter is one of the principal Commodities of the product of this Kingdom, and is not only of an universal use & Expence 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 béen made by the Traders in Butter and Chéese, 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 [Page 160] 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 Housholders who buy the same for their ex­pence, 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 Taxe 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 néedful 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 &c. 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 Sirname 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 Sirname 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.

Potters 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 Sirname at length, upon pain and penalty that every Potter which shall not so do, shall forfeit & pay for every Pot which he shal 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 Sirname at [Page 161] 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 Church-Wardens 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 moneths after the sale of such Butter.

CAP. XXVII.

WHereas it is found by long experience, that Dover-Harbour is and hath béen 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, Pirats, or the Common Enemy in time of War; And whereas the said Harbour of late by Tempests, and the violence of the Sea hath béen 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 expences, 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 Sea-faring men, hath of late of his Majesties 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 Sea-faring 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 Ma­jesties Grand-father King James of ever blessed memory, hath béen 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 Majesties Subjects of England shall be Owners, or Part-owners, of the burthen of Twenty Tuns or upwards, and not excéeding the burthen of Two hundred and fifty Tun, for every Voyage, Loading, or Discharging within this Realm, or to, or from any Foreign Countrey beyond the Seas, and passing to, or from London, or for, from, to, or by Dover, or coming into the Harbour there, not having a Cocquet testifying his payment before for the Voyage towards the Repair of Dover-Harbour, the sum of Thrée pence for every Tun of the burthen of every such Ship, Vessel, or Crayer (except Vessels loaden with Sea-Coals, or Grind-stones, or Purbeck, or Portland-stone) and for every Chauldron of Sea-coals, or Tun of Grind-stones peny half-peny, the same to be paid to the Customer, or Col­lector of Customs, or Subsidies, or their Deputies within this Realm, in such Port, from whence such Ship, Vessel, or Crayer shall set forth, or where such Ship, Vessel, or Crayer shall arrive, before they load or unload the Goods therein, The Accompt of the number of the said number of the said Tuns to be made according to the Entry of Goods in every Ship, Vessel or Crayer in the Custom-house, and no Entry thereof to be allowed in any Office of Customs or Subsidies, without true in­formation before made by oath of the Master, Owner, or Shipper of such Ship, Vessel or Crayer concerning the burthen thereof, and payment by him made of the sums aforesaid, of which payment the Master, Owner, or Shipper paying the same, shall have allowance of the Merchants, according to the rate of the Goods in the same Ship, Vessel or Crayer by way of Average; And the Custo­mer or Collector, or his Deputy receiving the sums aforesaid, or any of them, shall disburse and pay the same from time to time to the Treasurer of the said Harbour for the time being, or such person or persons as he shall assign to receive the same, to be expended in and about the repair of the said Harbour; And every Customer or Comptroller, or their Deputies, that shall make any Entries of Customs or Subsidies of any Goods in the said Ships, Vessels or Crayers, before such Information as aforesaid concerning the burthen thereof shall be made, or before payment made of the sums before limited to be paid by this Act, or shall make any wilful default in not collecting the said sums, or any of them, or not paying the same over from time to time to the Treasurer of the said Harbour for the time being, or such person or persons as he shall assign to receive the same as aforesaid, shall forfeit to the use of the Reparations of the said Harbour, Ten pounds for every such default, to be recovered by Action of Debt in any Court of Record, by the [Page 162] Warden and Assistants of the said Harbour for the time being; in which Suit no Essoign, Pro­tection, or Wager of Law shall be allowed.