<P_5,236>

<heading>

CHAPTER XIII . (STAT-1660-E3-P2,5,236.3)

An Act for restraining the takeing of Excessive Usury .
(STAT-1660-E3-P2,5,236.4)

</heading>

Forasmuch as the Abatement of Interest from Ten in the Hundred in
former times hath beene found by notable experience beneficiall to the
Advancement of Trade and Improvement of Land~ by good Husbandry with
many other considerable advantages to this Nation , especially the
reduceing of it to a nearer proportion with Forraigne States with whom
wee traffique , And wheras in fresh memory the like fall from Eight to
Six in the Hundred by a late constant practise hath found the like
Successe to the generall contentment of this Nation as is visible by
severall Improvements . And whereas it is the endeavour of some at
present to reduce it backe againe 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 . Bee it for the Reasons aforesaid Enacted by
the Kings most Excellent Majestye and the Lord~ and Commons in this
present Parliament assembled That noe person or persons whatsoever from
and after the twenty ninth day of September in the yeare 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 Loane of any $Money Wares Merchandice or other Commodityes
whatsoever above the value of Six Pound~ for the Forbearance of one
Hundred Pound~ for a Yeare , and soe after that Rate for a greater or
lesser Summe or for a longer or shorter time , And that all Bond~
Contracts and Assurances whatsoever made after the time aforesaid for
payment of any principall or money to be lent or covenanted to be
performed upon or for any Usury , wherupon or whereby there shall be
reserved or taken above the Rate of Six pound~ in the Hundred as
aforesaid shall be utterly void , And that all and every person and
persons whatsoever which shall after the time aforesaid upon any
Contract to be made after the said twenty nineth day of September take
accept and receive by way or meanes of any corrupt Bargaine Loane
Exchange Cheivesaunce Shift or Interest of any Wares Merchandise or
other thing or things whatsoever , or by any deceitfull way or meanes
or by any covin , engine or deceitfull conveyance for the forbearing or
giveing day of payment for one whole yeare of and for their Money or
other thing above the Su~me of Six pound~ for the forbearing of One
hundred pound~ for a yeare , and soe after that Rate for a greater or
lesser Summe or for a longer or shorter Terme shall forfeit and loose
for every such offence the treble value of the Moneyes Wares
Merchandize and other things soe Lent Bargained Sold Exchanged or
Shifted ; (STAT-1660-E3-P2,5,236.6)

<P_5,237>

And be it further Enacted by the authority aforesaid That all and every
Scrivenor and Scrivenors Broker and Brokers Sollicitor and Sollicitors
Driver and Drivers of Bargaines for Contracts who shall after the said
twenty nineth day of September take or receive directly or indirectly
any Summe or Summes of Money or other reward or thing for Brokage
Solliciting Driving or Procureing the Loane or forbearing of any Summe
or Summes of Money over and above the Rate or Value of five shillings
for the Loane , or of one hundred pound~ for a yeare and soe rateably ,
or above twelve pence for $the making or renewing of the Bond or Bill
for the Loane , or for forebearing thereof , or for any Counterbond or
Bill concerning the same shall forfeite for every such Offence twenty
pound~ and have Imprisonment for halfe a yeare ; The one moyety of all
which forfeitures to be to the King our Soveraigne Lord His Heires and
Successors , And the other moyety to him or them that will sue for the
same in the same County where the severall Offences are committed and
not elsewhere by action of Debt Bill Plaint or Information , in which
noe Essoigne Wager of Law , or protection to be allowed .
(STAT-1660-E3-P2,5,237.8)

<P_5,288>

<heading>

CHAPTER XXX . (STAT-1660-E3-P2,5,288.11)

An Act for the Attainder of severall persons guilty of the horrid
Murther of his late Sacred Majestie King Charles the first .
(STAT-1660-E3-P2,5,288.12)

</heading>

In all humble manner shew unto Your most Excellent Majestie Your
Majestyes most dutyfull and loyall Subjects the Lord~ and Commons in
Parliament assembled That the Horrid and Execrable Murder of Your
Majestyes Royall Father our late most Gratious Soveraigne Charles the
First of ever blessed and glorious memory hath beene committed by a
party of wretched men desperately wicked and hardened in their impietie
, who haveing first plotted and contrived the ruine and distruction of
this excellent Monarchy , and with it of the true Reformed Protestant
Religion which had beene soe long protected by it and flourished under
it , found it necessary in order to $the carrying on of their
pernitious and traiterous designes to throw downe all the Bulwarks and
Fences of Law , and to subvert the very being and constitution of
Parliament that soe they might at last make their way open for any
further attempts upon the Sacred person of his Majestie himselfe , And
that for the more easy effecting thereof they did first seduce some
part of the then Army into a compliance and then kepte the rest in
subjection to them partly for hopes of preferment and cheifely for
feare of looseing their imployments and arreares untill by these and
other more odious arts and devices they had fully strengthened
themselves both-5 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 proceedings ,
seize upon His Royall person while the Commissioners were returned to
the House of Parliament with his Answere , and when his concession had
beene 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 owne Creatures <paren> not a tenth part of
the whole </paren> did seeke to shelter themselves by this weake
pretence under the name and authoritie of a Parliament , and in that
name laboured to prosecute what was yet behinde and unfinished of their
long intended Treason and Conspiricie , (STAT-1660-E3-P2,5,288.14)

To this purpose they prepared an Ordinance for erecting a prodigious
and unheard of Tribunall which they called An High Court of Justice for
tryall of his Majestie (STAT-1660-E3-P2,5,288.15)

and haveing easily procured it to passe in their House of Commons as it
then stood moulded ventured to send it up from thence to the Peeres
then sitting who totally rejected it , whereupon their rage and fury
increasing they presume to passe it alone as an Act of the Commons and
in the name of the Commons of England , (STAT-1660-E3-P2,5,288.16)

and haveing gained the pretence of Law made by a power of their owne
makeing pursue it with all possible force and cruelty untill at last
upon the thirtyeth day of January One thousand six hundred forty and
eight His Sacred Majestie was brought unto a Scaffold and there
publiquely murthered before the Gates of his owne Royall Palace ,
(STAT-1660-E3-P2,5,288.17)

And because by this horred {COM:sic} action the Protestant Religion
hath received the greatest wound and reproach and the people of England
the most insupportable shame and infamy that it was possible for the
enimies of God and the King to bring upon us whilst the Fanatick Rage
of a few Miscreants <paren> who were as farr from being true
Protestants as they were from being true Subjects </paren> stand~
imputed by our Adversaries to the whole nation , We therefore your
Majestyes said dutyfull and loyall Subjects the Lord~ and Commons in
Parliament assembled doe hereby renounce abominate and protest against
that Impious Fact , the execrable Murther and $unparreled Treason
committed against the Sacred person and life of our said late
Soveraigne Your Majestyes most Royall Father , and all proceedings
tending thereunto , (STAT-1660-E3-P2,5,288.18)

And doe beseech Your most Excellent Majestie that it may be declared ,
And be it hereby declared That by the undoubted and Fundamentall Lawes
of this Kingdome , neither the Peeres of this Realme nor the Commons
nor both together in Parliament or out of Parliament , nor the people
collectively or $representatively nor any other persons whatsoever ever
had hath have {COM:sic} or ought to have any coercive power over the
persons of the Kings of this Realme , (STAT-1660-E3-P2,5,288.19)

And for the better vindication of our selves to posteritie , and as a
lasting Monument of our otherwise inexpressible detestation and
abhorrency of this villanous and abominable Fact We doe further beseech
Your most Excellent Majestie that it may be Enacted , And bee it hereby
Enacted by the Kings most Excellent Majestie by and with the advice and
consent of the Lord~ and Commons in this present Parliament assembled
That every thirtyeth day of January unless it falls out to be upon the
Lord~ day and then the day next following shall be for ever hereafter
sett apart to be kepte and observed in all the Churches and Chappells
of these Your Majestyes Kingdomes of England and Ireland Dominion of
Wales and Towne of Berwicke upon Tweed and the Isles of Jersey and
Guernsey and all other Your Majestyes 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 sinns by
which God was provoked to deliver up both us and our King into the
hand~ of cruell and unreasonable men may at any time hereafter be
visited upon us or our posterity , (STAT-1660-E3-P2,5,288.20)

And whereas Oliver Cromwell deceased Henry Ireton deceased John
Bradshaw deceased and Thomas Pride deceased John Lisle William Say Sir
Hardresse Waller Valentine Wauton Thomas Harrison Edward Whalley
William Heveningham Isaac Pennington Henry Martin John Barkstead
Gilbert Milington Edmond Ludlow Sir Michael Livesey Robert Tichborne
Owen Rowe Robert Lilborne Adrian Scroope John Oakey John Hewson William
Goffe Cornelius Hollond Thomas Challoner John Carew John Jones Miles
Corbet Henry Smith Gregory Clement Thomas Wogan Edmond Harvey Thomas
Scot William Cawley John Downes Nicholas Love Vincent Potter Augustine
Garland John Dixwell George Fleetwood Simon Meyne James Temple Peter
Temple Daniell Blagrave Thomas Waite John Cooke Andrew Broughton Edward
Dendy William Hewlet Hugh Peters Francis Hacker Daniell Axtell are
notoriously knowne to have beene wicked and active Instruments in the
prosecution and compassing that traiterous Murther of His late Majesty
for which the said <P_5,289> Sir Hardresse Waller Thomas Harrison
William Heveningham Isaac Pennington Henry Martin Gilbert Millington
Robert Tichborne Owen Rowe Robert Lilborne Adrian Scroope John Carew
John Jones Henry Smith Gregory Clement Edmond Harvey Thomas Scot John
Downes Vincent Potter Augustine Garland George Fleetwood Simon Meyne
James Temple Peter Temple Thomas Waite John Cooke William Hewlet Hugh
Peters Francies Hacker and Daniell Axtell have already received their
tryall at Law and by Verdict , or their owne Confession have been
convicted , and by Judgement of Law thereupon had doe now stand duely
and legally attainted , of whom , ten persons that is to say Thomas
Harrison Adrian Scroope John Carew John Jones Thomas Scot Gregory
Clement John Cooke Hugh Peters Francis Hacker and Daniell Axtell have
most deservedly suffered the paines of death and beene executed
according to Law and the said John Lisle William Say Valentine Wauton
Edward Whalley John Barkstead Edmond Ludlow Sir Michaell Livesey John
Oakey John Hewson William Goffe Cornelius Holland Thomas Challoner
Miles $Corbert William Cawley Nicholas Love John Dixwell Daniell
Blagrave Andrew Broughton and Edward Dendy are fled from Justice , not
dareing to abide a Legall Tryall May it therefore please Your Majestie
that it may be Enacted And be it Enacted by Authority of this present
Parliament 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
beene attainted in their lives , And alsoe that John Lisle William Say
Valentine Wauton Edward Whally John Barkstead Edmond Ludlow Sir
Michaell Livesey John Okey John Hewson William Goffe Cornelius Holland
Thomas Challoner William Cawley Miles $Corbert Nicholas Love John
Dixwell Daniell 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 , And that all and every the
Mannours Messuages Land~ Tenements Rents Reversions Remainders
Possessions Rights Conditions Interests Offices Fees Annuities and all
other the Hereditaments Leases for yeares Chattells reall 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
Michaell Livesey John Oakey John Hewson William Goffe Cornelius Holland
Thomas Challoner William Cawley Miles $Corbert Nicholas Love John
Dixwell Daniell Blagrave Andrew Broughton Edward Dendy Thomas Harrison
Adrian Scroope John Carew John Jones Thomas Scot Gregory Clement Hugh
Peters Francis Hacker John Cooke Daniell Axtell Sir Hardresse Waller
William Heveningham Isaac Pennington Henry Martin Gilbert Millington
Robert Tichborne Owen Rowe Robert Lilborne Henry Smith Edmond Harvey
John Downes Vincent Potter Augustine Garland George Fleetwood Simon
Meyne James Temple Peter Temple Thomas Waite 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 twentyeth day of March
in the yeare of our Lord One thousand six hundred forty and six or at
any time since shall stand and be forfeited unto Your Majestie Your
Heires and Successors and shall bee deemed vested and adjudged to be in
the actuall and reall possession of Your Majesty without any Office or
Inquisition thereof hereafter to be taken or found , And alsoe that all
and every the Good~ Debts and other the Chattells personall whatsoever
of them the said Oliver Cromwell Henry Ireton John Bradshaw Thomas
Pride whereof at the time of their respective deathes they or any of
them or any other in trust for them or any of them stood possessed in
Law or Equity , and all the Good~ Debts and other the Chattells
personall whatsoever any of them the said John Lisle William Say
Valentine Wauton Edward Whalley John Barkstead Edmond Ludlow Sir
Michael Livesey John Oakey John Hewson William Goffe Cornelius Holland
Thomas Challoner William Cawley Miles Corbet Nicholas Love John Dixwell
Andrew Broughton Edward Dendy Thomas Harrison Adrian Scroope John Carew
John Jones Thomas Scot Gregory Clement Hugh Peters $John $Cooke
$Francis $Hacker Daniell Axtell Sir Hardresse Waller William
Heveningham Isaac Pennington Henry Martin Gilbert Millington Robert
Tichborne Owen Rowe Robert Lilborne Henry Smith Edmond Harvey John
Downes Vincent Potter Augustine Garland George Fleetwood Simon Meyne
James Temple Peter Temple Thomas Wayte whereof upon the Eleaventh 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-11 in
Law or Equity shall bee deemed and adjudged to be forfeited unto and
are hereby vested and putt into the actuall and reall possession of
Your Majestie without any further Office or Inquisition thereof
hereafter to be taken or found . (STAT-1660-E3-P2,5,289.21)

Provided allwayes and be it Enacted by the Authoritie aforesaid That
noe Conveyance Assurance Grant Bargaine Sale Charge Lease Assignment of
Lease Grants and Surrenders by Coppy of Court Roll Estate Interest
Trust or limitation of any Use or Uses of or out of any Mannors Land~
Tenements or Hereditaments not being the Land~ $nor $Hereditaments of
the late King Queene or Prince or of any Arch Bishops Bishops Deanes
{TEXT:Deanes_Deanes} and Chapters , nor being Land~ nor 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 and one , nor any Statute
Judgement or Recognizance had made $acknowledged or suffered to any
person or persons Bodyes Pollitique 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 Heires , or by any
other person or persons claiming by from or under them or any of them
other then the wife or wives childe or children heire or heires 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 Aprill One thousand six hundred and sixtie
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 Bodyes Pollitique or Corporate
shall be impeached defeated made void or frustrated hereby or by any of
<P_5,290> the Convictions and Attainders aforesaid but that the same
shall be held and enjoyed by the Purchasers Grantees Lessees Assignes
Cestuy que use Cestuy que trust and every of them their Heires
Executors Administrators and Assigns respectively as if this Act had
not beene made , and as if the said Offenders had not beene by this Act
, or by any other course or proceedings of Law convicted or attainted
soe 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 of January which shall be in the yeare
of our Lord One thousand six hundred sixty and two be entred and
enrolled of Record in His Majestyes Court of Exchequer and not
otherwise Any thing in this Act herein before contained to the contrary
in any wise notwithstanding . (STAT-1660-E3-P2,5,290.22)

Provided alwayes and be it Enacted by the Authoritie aforesaid That all
and singular the Mannours Land~ Tenements and Hereditaments which at
any time heretofore were the Land~ and Possessions of Henry late
Marquesse of Worcester and Edward now Marquesse of Worcester and Henry
Lord Herbert Sonne and Heire Apparent of the said Edward Marquesse 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
Marquesse of Worcester and the said Henry Lord Herbert in such manner
and forme 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 Marquesse 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 . (STAT-1660-E3-P2,5,290.23)

Saveing alwayes to all and every person and persons Bodyes Pollitique
and others their respective Heires Successors Executors and
Administrators all such Right Title 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 from or under the said Offenders since the twenty fifth day of March
which was in the yeare of our Lord One thousand six hundred forty six ,
And that they the said person and persons Bodyes Pollitique and other
their respective Heires Successors Executors and Administrators and
every of them in all and every such case where his and their Entry was
lawfull upon such Offender or Offenders or the Heires or Assignes of
such Offender or Offenders in or upon the said twenty fifth day of
March One thousand six hundred forty & six or at any time since may
without Petition Monstrans de droyt Ouster le maine or other Suite to
His Majestie enter on the Premises in His Majestyes Possession , or in
the possession of His Successors and Patentees their Heires or Assignes
in such manner to all intents as he or they might have done on the
possession of the said Offenders their Heires or Assignes 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 .
(STAT-1660-E3-P2,5,290.24)

Provided alsoe That all and every person and persons which have
received any of the Rents or meane proffitts of in or out of any the
Land~ Tenements and Hereditaments Chattells reall or Possessions of any
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
accompted for the same before the said Eleventh day of February 1659
{COM:sixteen_words_from_'and'_to_'1659'_interpolated} . unto the said
Offender or Offenders or their Assignes , or to any claiming from or
under them shall be clearely and for ever acquitted and discharged of
and from the same against the Kings Majestie His Heires and Successors
Any thing herein contained to the contrary notwithstanding .
(STAT-1660-E3-P2,5,290.25)

Provided alwayes That it shall and may be lawfull to and for Richard
Ingoldsby to retaine and keepe or otherwise to sell and dispose all and
singular the Good~ and Chattells formerly belonging to Sir Hardresse
Waller in the Kingdome of Ireland untill two thousand pound~ for which
the said Richard Ingoldsby in the yeare One thousand six hundred fifty
eight stood joyntly bound with the said Sir Hardresse Waller unto James
Brookes of the Citty of Yorke Alderman , and was then counter secured
by a Judgement upon his Land~ , and since by a Deed of Bargaine and
Sale of the said Good~ and Chattells in Ireland be fully paid together
with the Interest thereof , he the said Richard Ingoldsby accounting
for and paying the full overplus thereof if any shall be unto our
Soveraigne Lord the King , Any thing herein before contained to the
contrary notwithstanding . (STAT-1660-E3-P2,5,290.26)

<P_5,308>

<heading>

CHAPTER V . (STAT-1660-E3-P2,5,308.29)

An Act against Tumults and Disorders upon p~tence of p~paring or
p~senting publick Petico~ns or other Addresses to His Majesty or the
Parliament . (STAT-1660-E3-P2,5,308.30)

</heading>

Whereas it hath beene found by sad experience that Tumultuous and other
Disorderly solliciting and procuring of Hands by private persons to
Petico~ns Complaints Remonstrances & Declarations and other Addresses
to the King or to both or either Houses of Parliament for alteraco~n of
matters established by Law redresse of p~tended grievances in Church or
State or other publique Concernments have beene made use of to serve
the ends of Factious & Seditious persons gotten into power to the
violation of the publique Peace and have beene a great meanes of the
late unhappy Wars Confusions and Calamities in this Nation For
p~venting the like mischeife for the future Be it Enacted by the Kings
most Excellent Majesty by and with the consent of the Lords and Commons
assembled in Parliament and by the Authority of the same That no person
or persons whatsoever shall from and after the first of August One
thousand six hundred sixty and one solicite labor or procure the
getting of Hands or other consent of any persons above the number of
twenty or more to any Petico~n Complaint Remonstrance Declaraco~n or
other $Addresses to the King or both or either Houses of Parliament for
alteraco~n of matters established by Law in Church or State unlesse the
matter thereof have been first consented unto and Ordered by three or
more Justices $of that County or by the Major part of the Grand Jury of
the County or division of the County where the same matter shall arise
at theire publique Assizes or Generall Quarter Sessions or if arising
in London by the Lord Maior Aldermen and Commons in Common Councell
assembled And that no person or persons whatsoever shall repaire to His
Majesty or both or either of the Houses of Parliament upon p~tence of
presenting or delivering any Petico~n Complaint Remonstrance or
Declaraco~n or other Addresses accompanied with excessive number of
people not att any one time with above the number of ten persons upon
pain of incurring a penalty not exceeding the su~m of One hundred
pounds in money and three months Imprisonment without Bail or Mainprize
for every offence which offence to be prosecuted at the Court of Kings
Bench or att the Assizes or Generall Quarter Sessions within six
moneths after the offence committed and proved by two or more credible
witnesses . (STAT-1660-E3-P2,5,308.32)

Provided alwaies That this Act or any thing therein contained shall not
be construed to extend to debar or hinder any person or persons not
exceeding the number of Ten aforesaid to present any publique or
private Greivance or Complaint to any Member or Members of Parliament
after his Election and during the continuance of the Parliament or to
the Kings Majesty for any remedy to bee thereupon had nor to extend to
any Address whatsoever to His Majesty by all or any the Members of both
or either Houses of Parliament during the sitting of Parliament but
that they may enjoye theire freedome of Accesse to His Majesty as
heretofore hath beene used . (STAT-1660-E3-P2,5,308.33)

<P_5,410>

<heading>

CHAPTER XVIII . (STAT-1660-E3-P2,5,410.36)

An Act against exporting of Sheepe Wooll Woolfells Mortlings Shorlings
Yarn made of Wool Woolflocks Fullers Earth Fulling Clay and Tobacco
pipe Clay . (STAT-1660-E3-P2,5,410.37)

</heading>

Whereas against the Lawes of this Kingdome great number of Sheep and
great quantities of Wooll Woolfels Mortlings Shorlings Yarn made of
Wool Woolflocks Fullers Earth or Fulling Clay are secretly exported
transported carried and conveyed out of the Kingdome of England
Dominion of Wales the Towne of Berwicke upon Tweed and Kingdome of
Ireland into the Kingdom of Scotland and into Forreigne 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 dayly to encrease 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 Spirituall and
Temporall 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 One thousand six hundred sixty and two
directly or indirectly export transport carry or convey or shall cause
to be exported transported carried or conveyed out of or from the
Kingdome 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 Kingdome of Ireland into any parts or places out of the
Kingdomes or Dominion aforesaid or into the Kingdome of Scotland any
Sheepe or Wool whatsoever of the breed or growth of the Kingdomes or
Dominion aforesaid or any Woolfells 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 Kingdomes of England or Ireland Dominion
of Wales or Towne of Berwick upon Tweed aforesaid any such Sheep Wooll
Woolfels Mortlings Shorlings Yarn made of Wooll Woolflocks Fullers
Earth or Fulling Clay to the intent or purpose to export transport
carry or convey the same or to cause the same to bee exported
transported carryed or conveyed out of the Kingdomes of England or
Ireland the Dominion of Wales or Town of Berwicke upon Tweed aforesaid
into the Kingdome of Scotland or into any Forreign parts that then
every such Offence shall be adjuged Felony and the Offender or
Offenders being duly convicted shall suffer and forfeit as in case of
Felony (STAT-1660-E3-P2,5,410.39)

And be it further enacted by the Authority aforesaid That every owner
of any such Ship or other Vessell and every owner of every Horse Cart
or Carriage upon which any Sheepe Wool Woolfels 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 ayding assisting or consenting thereunto and alsoe every
Master and Mariner of or in such Shipp or other Vessell wherein any
such Sheep Wool Woolfels Mortlings Shorlings Yarn made of Wool
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
alsoe every Factor or Servant or other person whatsoever and every
Customer Comptroller Waiter Searcher Survyor 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 or Offenders therein being duly
convicted shall suffer and forfeit as in case of Felony
(STAT-1660-E3-P2,5,410.40)

<P_5,411>

And be it further enacted by the Authority aforesaid That every offence
which shall be done or committed contrary to this Act shall and may be
enquired of and heard examined tried and determined in the County where
such Sheepe Wooll Woolfels Mortlings Shorlings Yarn made of Wooll
Woolflocks Fullers Earth or Fulling Clay respectively shall be so
packed loaden 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 beene wholly done and committed in
the same County (STAT-1660-E3-P2,5,411.42)

Provided alsoe that every Baron and other Peer of this Realm which
shall be indicted or accused as principall or accessary {COM:sic} in or
to any offence made Felony by this Act shall have his her or theire
Tryal by his her or theire Peeres as in cases of Felony att Common Law
(STAT-1660-E3-P2,5,411.43)

Provided alwaies and be it enacted by the Authority aforesaid That no
person or persons whatsoever shall att any time hereafter be impeached
for any offence made Felony by this Act unlesse such person or persons
shall be thereof indicted within the space of one yeare next ensuing
such offence committed (STAT-1660-E3-P2,5,411.44)

And for as much as great quantities of Wooll Woollen Yarn and
Woolflocks are close packed and pressed togeather with Scrues and other
unlawfull Engines into Butts Pipes Hogsheads Chests and other Cask and
Vessells and into Sacks Baggs and other Wrappers made of Wool or Linnen
and under colour of Bales Sacks Baggs Packs and Cask of other Goods and
otherwise great quantities of the same are daily loaden on board of
Ships or other Vessels and soe are carryed conveyed exported and
transported out of the Kingdomes Town of Berwick and Dominion aforesaid
and alsoe great quantities are daily carried and laid at or neere the
Coasts of the Sea or some navigable Rivers into Storehouses and Barnes
and by night are laid on board of Shallops and other Vessells belonging
to Aliens and so carried and exported out of the Kingdomes Town of
Berwick and Dominion aforesaid Be it therefore enacted by the Authority
aforesaid That from and after the said First day of August no person or
persons shall presse together with any Scrues Presses or other Engines
into any Sacke Pack Bagg or other Wrapper or shall put presse pack or
stean any Wooll whatsoever or any Yarn made of Wooll into any Butt Pipe
Hogshead Chest or any other Cask or Vessell upon any pretence
whatsoever or shall carry or lay or cause to be carried or laid at or
neare the Shoar or Coasts of the Sea or of any navigable River or into
any House or Place near adjoyning thereunto any such Wooll Woolflocks
or Yarn made of Wooll with intention to export transport carry or
convey the same out of the Kingdomes of England or Ireland Town of
Berwick upon Twede or Dominion of Wales into the Kingdom of Scotland or
into any foreign parts under the penalty of the losse and forfeiture of
all such Wooll Woolflocks and Yarn made of Wooll as shall be so packed
or pressed or put or laid into Cask or carried or laid near to the Sea
shoar or to any navigable River as aforesaid or the value thereof
(STAT-1660-E3-P2,5,411.45)

And whereas great quantities of Fullers Earth or Fulling Clay is dayly
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 Kingdome of England Town of Berwick upon Twede or after the
First Day of January One thousand six hundred sixty and two out of or
from the Kingdome of
{COM:twenty_words_from_'after'_to_'of'_interpolated} Ireland or the
Dominion of Wales into the Kingdom of Scotland or into any forreign
parts or into any port or place out of the Kingdomes or Dominion
aforesaid under the penalty of three shillings for every pound of
Tobacco pipe Clay which shall be exported or transported contrary to
this Act . (STAT-1660-E3-P2,5,411.46)

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 Caske of any Wooll Woolfels Mortlings Shorlings
Yarn made of Wooll Woolflocks 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 Kingdome of Ireland but in the day time and att
seasonable houres <paren> that is to say </paren> from and after the
First day of March to the Nine & twentieth day of September yearely
between the houres of Foure of the Clock in the Morning and Eight of
the Clock in the Evening and from the Nine and twentieth day of
September to the first day of March yearly between the houres of Seven
of the Clocke in the Morning and Five of the Clock in the Evening under
the penalty of the losse and forfeiture of all such Goods or the value
thereof the one moiety of all which forfeitures mentioned in this Act
to be to the use of the King His Heires and Successors and the other
moyetie 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
(STAT-1660-E3-P2,5,411.47)

Provided neverthelesse 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
Wooll Woolfels Fullers Earth or any kind of Scouring Earth or to the
prohibiting of the loading on board of any Ship or Vessel of any
Weather Sheep Wooll Woolflocks or other Goods menco~ned in this Act
that by the aforesaid Act is permitted to be loaden on board of any
Ship or Vessel for the necessary use or provision of such Ship or
Vessel as aforesaid Any thing in this Act contained to the contrary in
any wise notwithstanding (STAT-1660-E3-P2,5,411.48)

<P_5,412>

Provided alwaies That if any Owner of any Ship or Vessel or any Master
or Mariner knowing of such Transportation of such Sheep Wooll Woolfels
Mortlings Shorlings Yarn made of Wooll Woolflocks Fullers Earth Fulling
Clay or Tobacco pipe Clay shall within three monthes next after the
knowledge therof or after his returne 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 theire Oath of the number and quantity of the Goods mentioned in
this Act so carried conveyed & transported and by whom where and in
what Shipp or Vessell and afterwards shall be ready upon reasonable
warning by Processe to justifie and prove the same that then such Owner
or 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 (STAT-1660-E3-P2,5,412.50)

and all such Exportation Transportation carrying or conveying of any
the Goods Wares or Comodities in this Act mentioned is hereby declared
and adjudged to be a common and publicke Nusance
(STAT-1660-E3-P2,5,412.51)

And for the better execution of this Act be it further enacted That all
Justices of Assize Justices of Goal {COM:sic} Delivery and Justices of
Peace shall enquire of all the premisses in theire General Quarter
Sessions and heare and determine the same and that all Maiors Bayliffs
and other Head Officers of Cities Burroughs and Towns not having
Jurisdiction to try Felony shall enquire of all and every Offence
within this Act not made Felony and heare and determine the same .
(STAT-1660-E3-P2,5,412.52)

<P_5,553>

<heading>

CHAPTER III . (STAT-1660-E3-P2,5,553.55)

An Act for the returning of able and sufficient Jurors .
(STAT-1660-E3-P2,5,553.56)

</heading>

For the returning of more able and sufficient Jurors for Trialls
hereafter to be had betweene party and $partyes and for reformation of
abuses in Sheriffes and other Ministers , who for reward doe oftentimes
spare the ablest and sufficientest , and returne the poorer and simpler
Freeholders lesse able to descerne the Causes in question , and to
beare the charges of appearance and attendance thereon , Bee it enacted
by the Kings most Excellent Majestie by and with the advice and consent
of the Lords Spirituall and Temporall and Commons in this present
Parliament assembled and by the Authority of the same That all Jurors
<paren> other then Strangers upon Tryalls per medietatem lingue
</paren> who are to be returned for the Tryalls of Issues joyned in any
of $his Majestyes Courts of Kings Bench , Common Pleas or the Exchequer
or before Justices of Assize or nisi Prius Oyer and Terminer Goale
Delivery or Generall or Quarter Sessions of the Peace from and after
the Twentyeth day of Aprill which shall be in the yeare of our Lord One
thousand six hundred sixty five in any County of this Realme of England
shall every of them then have in their owne name or in trust for them
within the same County Twenty pounds by the yeare at least above
reprizes in their owne or their wives right of Freehold Lands or of
auntient Demeasne , or of Rents in Fee , Fee taile , or for Life , And
that in every County within the Dominion of Wales , every such Juror
shall then have within the same eight pounds by the yeare at the least
above reprizes in manner aforesaid , All which persons haveing such
Estate as aforesaid are hereby enabled and made lyable to be returned
and to serve as Jurors for the Tryall of Issues before the Justices
aforesaid , Any Law or Statute to the contrary in any wise
notwithstanding , (STAT-1660-E3-P2,5,553.58)

And if any of a lesse Estate and value shall be respectively returned
upon any such Jury or Tales in defaulte of such Jurors it shall be a
good cause of Challenge , (STAT-1660-E3-P2,5,553.59)

and the party returned shall be discharged upon the said Challenge , or
his owne Allegation and Oath thereof . (STAT-1660-E3-P2,5,553.60)

And that noe Jury mans Issues makeing Defaulte shall be saved but by
speciall Order of the Judge or Judges before whom the Issue is to be
tryed for some just and reasonable Cause proved upon Oath before the
same Judge or Judges (STAT-1660-E3-P2,5,553.61)

And all such Issues shall be duely estreated and levyed ,
(STAT-1660-E3-P2,5,553.62)

And that the Writt of Venire facias which from and after the aforesaid
time shall be awarded and directed for the impannelling of Juryes in
Cases aforesaid within any County of England shall be in this Forme Rex
&c . p~cipimus &c quod venire fac~ cora~ &c duodecim liberos et legales
homines de vicineto de A Quorum quilibet habeat viginti libras terre
tenementoru~ vel reddit~ per annu~ ad minus per quos &c et qui nec , &c
, (STAT-1660-E3-P2,5,553.63)

And the residue of the said Writt shall be after the auntient manner .
(STAT-1660-E3-P2,5,553.64)

And that those Writs which shall be awarded and directed for returning
of Juryes within the Dominion of Wales shall be made in the same manner
altering onely the word Viginti into Octo , and that upon every such
Writt and Writts of Venire facias the Sheriffe Coroner or other
Ministers of each respective County in England and Wales unto whom the
makeing of the Pannell shall appertaine shall not returne in any such
Pannell any person unlesse he shall then have Twenty Pounds or Eight
pounds respectively by the yeare at least as aforesaid in the same
County where the Issue is to be tryed upon paine to forfeite for every
person being returned in any such Pannell that shall not then have
Twenty pounds or Eight pounds respectively as is aforesaid the summe of
Five pounds to His Majestie His Heires and Successors ,
(STAT-1660-E3-P2,5,553.65)

And for the better enableing the Sheriffe of every County to know the
value of the Estates of such persons as are by the true intent and
meaning of this Act to be returned for Jury men , Bee it further
enacted That every Sheriffe shall on the First day of every Generall
Quarter Sessions yearely held next after the Feast of Easter deliver or
cause to be delivered unto the Justices of Peace sitting at the same
Sessions the Names of all persons of such Estates as are by the true
meaning of this Act to be returned for Jury men , to the end the
Estates of such persons may be enquired after , and such persons
approved of by the said Justices of Peace or the greater number of them
then present to be persons of such Estates to be returneable for Jury
men for the yeare then next ensuing , (STAT-1660-E3-P2,5,553.66)

And the said Justices shall have power to add such persons haveing
Estates of the respective values before mentioned as they shall finde
to be ommitted by the Sheriffe among the Names by him delivered ,
(STAT-1660-E3-P2,5,553.67)

and such competent number and noe more of such persons as aforesaid
shall be returnable to serve of Juryes <P_5,554> for the yeare next
ensueing as the said Justices or the greater number of them as
aforesaid shall thinke fitt , (STAT-1660-E3-P2,5,554.68)

And that noe Sheriffe shall incurr the penaltie aforesaid for returning
any of the persons soe approved or added by the Justices in case his
Estate fall out to be of lesse value then aforesaid .
(STAT-1660-E3-P2,5,554.69)

And it is further enacted That noe Sheriffe or Bayliffe of any Liberty
or Franchise or any of their or either of their Ministers shall returne
any such person or persons as aforesaid to have beene summoned by them
or any of them unlesse such person or persons shall have beene duely
summoned by the space of six dayes at the least before the day on which
they ought to make their appearance , And have left with or for such
persons in writeing the Names of all the Partyes in those Causes
wherein they are to serve as Jurors , nor shall directly or indirectly
take any money or other reward to excuse the appearance of any Juror by
them or any of them to be summoned or returned upon paine to forfeite
for every such Offence the summe of Ten pounds , saveing to all Cittyes
and Townes Corporate their auntient Usage of returning Jurors of such
Estate and in such manner as heretofore hath beene used or accustomed
(STAT-1660-E3-P2,5,554.70)

And bee it further enacted by the Authoritie aforesaid That from
henceforth upon Writts of Venire facias issued out and returned within
the County Pallatine of Lancaster as of the same Assizes wherein the
Issues are said to be joyned Writts of Habeas Corpora or Distringas
shall be sued out like as is used in all other Countyes within this
Kingdome returnable at the then next Assizes , And the Sheriffe
thereupon to returne such Issues as is or ought to be done by the said
Sheriffes of the said other Countyes and those Issues to be duely
estreated as above is provided , (STAT-1660-E3-P2,5,554.71)

And the better to cause and bring Jurors to appeare upon Tryalls at
Assizes within the said County Pallatine of Lancaster Bee it further
enacted by the Authoritie aforesaid That the Sheriffe of the same
County Pallatine of Lancaster for the time being shall from henceforth
cause twelve good and lawfull men soe qualifyed as before in this Act
is appointed out of every of the six Hundreds within the said County
Palatine to be duely summoned or warned ten dayes at the least before
the begining of every Assizes to be and appeare the first day of the
then next Assizes and there to attend dureing the same Assizes to
performe their duty and service to the Court as Jurors or Jury-men in
such Causes betweene Party and Party wherein they shall be respectively
returned and impannelled upon paine that every of them that shall make
defaulte to appeare and attend at and dureing the said Assizes to
forfeite Ten pounds to the use and behoofe of the Poore of the Towne
where such person or persons soe makeing defaulte doth inhabit and live
, the same to be levyed recovered and had in such manner and wayes as
other Issues of Jurors use to be levyed . (STAT-1660-E3-P2,5,554.72)

Provided That this Act shall continue and stand in force for the space
of Three yeares and from thence to the end of the next Session of
Parlyament and noe longer . (STAT-1660-E3-P2,5,554.73)

<P_5,597>

<heading>

CHAPTER II . (STAT-1660-E3-P2,5,597.76)

An Act against importing Cattell from Ireland and other parts beyond
the Seas and Fish taken by Forreigners . (STAT-1660-E3-P2,5,597.77)

</heading>

Whereas by an Act of this present Parlyament entituled An Act for the
encouragement of Trade amongst other things some Provision was made for
the preventing of comeing in of vast Numbers of Cattell whereby the
Rents and Values of the Land of this Kingdome were much fallen and like
dayly to fall more to the great Prejudice Detriment and Impovrishment
of this Kingdome which neverthelesse hath by experience beene found to
be ineffectuall and the continuance of any Importation either-5 of the
Leane or Fatt Cattell dead or alive herein after specified not onely
unnecessary but very destructive to the welfare of this Kingdome Bee it
therefore enacted by the Kings most Excellent Majestie by and with the
Advice and Consent of the Lords Spirituall and Temporall and Commons in
this present Parlyament assembled That such Importation from and after
the second day of February in this present yeare One thousand six
hundred sixty and six is a publique and common Nusance and shall be soe
adjudged deemed and taken to be to all intents and purposes whatsoever
, And that if any great Cattell Sheepe or Swine or any Beefe Porke or
Bacon <paren> excepte for the necessary Provision of the respective
Shipps or Vessells in which the same shall be brought not exposeing the
same or any part thereof to Sale </paren> shall from and after the said
second day of February by any wise whatsoever be imported or brought
from beyond Seas into this Kingdome of England Dominion of Wales or
Towne of Berwicke upon Tweed That then it shall and may be lawfull for
any Constable Tythingman Headborough Churchwardens or Overseers of the
Poore or any of them within their respective Liberties Parishes or
Places to take and seize the same and keepe the same dureing the space
of Eight and forty houres in some publique and convenient place where
such Seizure shall be made within which time if the Owner or Owners or
any for them or him shall make it appeare unto some Justice $of $the
$Peace of the same County where the same shall be soe seized by the
Oath of two credible Witnesses which Oath the said Justice of Peace is
hereby impowered and required to administer That the same were not
imported from Ireland or from any other place beyond the Seas not
herein after excepted after the said Second day of February Then the
same upon the Warrant of such Justice of Peace shall be delivered
without delay But in defaulte of such Proofe and Warrant then the same
to be forfeited , One halfe $thereof to be disposed to the use of the
Poore of the Parish where the same shall be soe found or seized the
other halfe to be to his or their owne use that shall soe seize the
same . (STAT-1660-E3-P2,5,597.79)

And for the better encouragement of the Fishery of this Kingdome Bee it
further enacted by the Authoritie aforesaid That if any Ling , Herring
, Codd or Pilchard fresh or salted , dryed or bloated or any Salmons
Eeles or Congers taken by any Foreigners Aliens to this Kingdome shall
be imported uttered sold or exposed to sale in this Kingdome That then
it shall and may be lawfull for any person or persons to take and seize
the same , The one halfe thereof to be disposed of to the use of the
Poore of the Parish where the same shall be soe found or seized , the
other halfe to his or their owne use which shall soe seize the same .
(STAT-1660-E3-P2,5,597.80)

Provided alwayes That noe thing in this Act shall be construed to
hinder the Importation of Cattell from the Isle of Man in this Kingdome
of England soe as the number of the said Cattell doe not exceede Six
hundred Head yearely And that they be not of any other Breed then of
the Breed of the Isle of Man And that they be landed at the Port of
Chester or some of the members thereof and not elsewhere
(STAT-1660-E3-P2,5,597.81)

This Act to continue untill the end of seaven yeares and from thence to
the end of the first Session of the next Parlyament .
(STAT-1660-E3-P2,5,597.82)

<P_5,613>

<heading>

CHAPTER IX . (STAT-1660-E3-P2,5,613.85)

An Act for reliefe of Poore Prisoners and setting of them on worke .
(STAT-1660-E3-P2,5,613.86)

</heading>

Whereas there is not yet any sufficient Provision made for the Releife
and setting of worke of poore and needy persons comitted to the Co~mon
Goale for Felony and other misdemeanors who many times perish before
their Tryall , and the Poore there living idlely and unimployed become
debauched and come forth instructed in the practice of Thievery and
lewdnes For remedy whereof Bee it enacted by the Kings most Excellent
Majestie with advice and consent of the Lords Spirituall and Temporall
and Co~mons in this present Parlyament assembled and by Authoritie of
the same That the Justices of the Peace of the respective Countyes at
any their Generall Sessions or the major part of them then there
assembled if they shall finde it needfull soe to doe may provide Stocke
of such Materialls as they finde convenient for the setting poore
Prisoners on worke in such manner and by such wayes as other County
charges by the Lawes and $Statuts of the Realme are and may be leavyed
and raised ; And to pay and provide fitt persons to oversee and to sett
such Prisoners on worke , and make such Orders for Accompts of and
concerning the premises as shall by them be thought needfull , and for
punishment of negclects and other abuses and for bestowing of the
Proffitt ariseing by the labour of the Prisoners soe sett on worke for
their Releife which shall be duely observed and may alter revoke or
amend such their Orders from time to time . (STAT-1660-E3-P2,5,613.88)

Provided that noe Parish be rated above Six pence by the weeke towards
the premisses haveing respect to the respective values of the severall
Parishes . (STAT-1660-E3-P2,5,613.89)

And whereas sometimes by occasion of the Plague and otherwhiles by the
great number of Prisoners great and infectious Diseases have happened
among the Prisoners whereby it hath come to passe sometimes that the
Judges Justices and Jurors have upon occasion of their Attendance at
the Tryall of Prisoners beene infected and many of them dyed thereof
and sometime such Infection hath spread in the Country For some Remedy
therein Bee it by the same Authority enacted That any Sheriffe of the
respective Countryes haveing the Custodie of the Goale or such persons
who have the Custodie of the Goale with the advice and consent of three
or more Justices of the Peace whereof one to be of the Quorum may if
they shall on inquiry or information finde it needfull upon emergent
occasions in the respective Countryes provide other safe places for the
removall of sicke or other persons from and out of the ordinary and
usuall Goales the same places to be used and imployed for the reception
and custodie of Prisoners to be by or according to their Order or
Orders kepte ordered disposed and conveyed to the places appointed for
the Goale delivery in such and like manner as such Prisoners ought to
be kepte ordered disposed and conveyed in and from the Co~mon Goales by
the Lawes and Statutes of the Land , (STAT-1660-E3-P2,5,613.90)

Provided noe such place be made use of for the purposes aforesaid
against the good and free will of the Owners thereof .
(STAT-1660-E3-P2,5,613.91)

Provided alsoe and bee it enacted by the Authority aforesaid That the
Maior Bayliffe and other Head Officer or any other person and persons
who have and hath the Custodie of the Co~mon Goale within any
Corporation of this Kingdome and Dominion of Wales shall by and with
the advice of three or more Justices of Peace within the said
Corporation whereof one of them be of the Quorum in time of Infection
have the like power and authoritie for removeing his and their
Prisoners into some other convenient place within their Jurisdiction as
to them shall seeme fitt dureing the time of Infection , And alsoe to
raise a Stocke after the same rates and proportions as is herein before
allowed to and for the severall Countyes $of this Kingdome
(STAT-1660-E3-P2,5,613.92)

Provided alsoe and bee it further enacted by the Authoritie aforesaid
as followeth <paren> viz </paren> That whereas there is already
provided a strong and sufficient Messuage in the Parish of Saint Thomas
the Apostle neer the Citty of Exon for the purpose aforesaid and One
thousand pounds more by certaine Trustees upon Proposalls and
Agreements made by them with certaine Gentlemen Justices of the Peace
for the County of Devon who have alsoe provided One thousand pounds
more in order to purchase Lands of Inheritance for the good purposes
hereafter mentioned Be it enacted by the Authority aforesaid That the
said two thousand pounds be laid out in purchase of Lands of
Inheritance by Order of the Generall Sessions of the Peace hereafter at
any time to be held in the name of such persons as by such Order shall
be appointed Item That the said House with the Grounds therewith
enclosed be had and used as a Common Goale and Workehouse for the said
County in manner as is after expressed Item That an Overseer be therein
placed by like Order , and by like Order be removeable from time to
time which Overseer shall have the charge custodie and government of
the Prisoners to him committed according to this Act , and shall have
Fifty pounds per annum dureing the execution of his Office and ten
pounds per annum for his Deputie but shall therefore take noe Fees for
receiving delivering or doeing any other service relateing to the
Prisoners from or of any the said Prisoners Item That the said Justices
by like Order from time to time shall and may by approbation of the
Ordinary provide and appoint some meete and discreete Minister to reade
Divine Service according to the Orders of the Church of England unto
the Prisoners at least Fower dayes in the weeke that is to say on the
Lords day , each Wednesday and each Friday and Saturday and oftner if
the said Justices shall appoint and to take paines in instructing them
each Lords day at the least for which they may allow him thirty pounds
per annum or after that rate , the rest of the Proffitts to be for
repairing the House and towards finding a Stocke for to sett the
Prisoners on worke , Item That any person charged with such offence
onely for which Goale is allowable if soe be he be needy and indigent
and not $like to maintaine himselfe in Goale <P_5,614> may by Warrant
of the Justice of the Peace to whom Jurisdiction in that behalfe
appertaineth be committed to the said Worke house in order to his
Tryall (STAT-1660-E3-P2,5,614.93)

and if any person shall be co~mitted to the ordinary Goale who shall be
or become soe indigent he may by Warrant of three Justices of $the
Peace whereof one to be of the Quorum be removed from the ordinary
common Goale to the said House , All which Prisoners soe co~mitted or
removed shall be in the custodie of the Overseer and be ordered and
demeaned in the said House and conveyed to the Session or to the Goale
delivery by like Warrant way and meanes as the Prisoners in other
Goales by the Lawes and Statutes of this Realme are to be ordered and
demeaned . (STAT-1660-E3-P2,5,614.94)

And because the said Workehouse is distant from the ordinary Common
Goale , the Prisoners by order from the Sessions or Goale delivery may
in order to their Tryalls be removed to the Common Goale to be the more
ready for their Tryalls . (STAT-1660-E3-P2,5,614.95)

Item That the said Overseer shall give Security for the Stocke and be
lyeable to such Regulations and Orders for Accompts and otherwise as
the Sessions shall from time to time make for setting the poore
Prisoners on worke there which shall be obeyed and observed that a
convenient Stocke be from time to time raised at the Charge of the
County . (STAT-1660-E3-P2,5,614.96)

Item That the said Justices in the County of Devon may putt in ure all
the powers in this Act as other Justices may in any other County by
vertue thereof . Saveing to the Kings Majestie his Heires and
Successors and to every other person and persons and their Heires
Successors Executors and Administrators all Rights Titles Claimes and
Demands whatsoever into or out of the said Messages and Premises as if
this Act had never beene made . (STAT-1660-E3-P2,5,614.97)

<heading>

CHAPTER X . (STAT-1660-E3-P2,5,614.99)

An Act extending a former Act concerning Replevins and Avowries to the
Principality of Wales and the County Palatines .
(STAT-1660-E3-P2,5,614.100)

</heading>

Whereas by an Act of Parliament entituled An Act for the more speedy
and effectuall proceeding upon Distresses and Avowryes for Rents
Provision is made where any Plaintiffe shall Nonsuite before Issue
joyned in any Suite or Replevin by Plaint or Writt lawfully returned
removed or depending in any of the Kings Courts at Westminster Be it
enacted by the Kings most Excellent Majestie by and with the Advice and
Consent of the Lords Spirituall and Temporall and Commons in this
present Parlyament assembled That the said Act and all the Powers and
Provisions thereby made for causes of Replevins depending in His
Majestyes Courts of Wesminster {COM:sic} shall be extended and be of
the same force and efficacy in all causes of Replevin which are or
shall be depending in His Majesties Court of Common Pleas for the
County Palatine of Lancaster , the Courts of the Great Sessions of His
Majesties Principality of Wales the Court of Great Sessions or Assizes
for the County Palatine of Chester and the Court of Co~mon Pleas for
the County Palatine of Durham as fully and as amply for and dureing the
continuance of the said Act as if the said Courts had beene mentioned
therein . (STAT-1660-E3-P2,5,614.102)

<heading>

CHAPTER XI . (STAT-1660-E3-P2,5,614.104)

An Act for Redresse of Inconveniences by want of Proofe of the Deceases
of Persons beyond the Seas or absenting themselves , upon whose Lives
Estates doe depend . (STAT-1660-E3-P2,5,614.105)

</heading>

Whereas diverse Lords of Mannours and others have used to grant Estates
by Copy of Court Roll for one two or more life or lives according to
the Custome of their severall Mannours and have alsoe granted Estates
by Lease for one or more life or lives , or else for yeares
determinable upon one or more life or lives And it hath often happened
that such person or persons for whose life or lives such Estates have
beene granted have gone beyond the Seas or soe absented themselves for
many yeares that the Lessors and Reversioners $can $not {TEXT:cannot}
finde out whether such person or persons be alive or dead by reason
whereof such Lessors and Reversioners have been held out of possession
of their Tenements for many yeares after all the lives upon which such
Estates depend are dead in regard that the Lessors and Reversioners
when they have brought Actions for the recovery of their Tenements have
beene putt upon it to prove the death of their Tennants when it is
almost impossible for them to discover the same , For remedy of which
mischeife soe frequently happening to such Lessors or Reversioners Bee
it enacted by the Kings most Excellent Majestie by and with the advice
and consent of the Lords Spirituall and Temporall and the Co~mons in
this present Parlyament assembled and by the Authoritie of the same
That if such person or persons for whose life or lives such Estates
have beene or shall be granted as aforesaid shall remaine beyond the
Seas or elsewhere absent themselves in this Realme by the space of
seaven yeares together and noe sufficient and evident proofe be made of
the lives of such person or persons respectively in any Action
commenced for recovery of such Tenements by the Lessors or Reversioners
in every such case the person or persons upon whose life or lives such
Estate depended shall be accounted as naturally dead ,
(STAT-1660-E3-P2,5,614.107)

And in every Action brought for the recovery of the said Tenements by
the Lessors or Reversioners their Heires or Assignes , the Judges
before whom such Action shall be brought shall direct the Jury to give
their Verdict as if the person soe remaining beyond the Seas or
otherwise absenting himselfe were dead . (STAT-1660-E3-P2,5,614.108)

