<B CELAW3>
<Q E3 STA LAW STAT7>
<N STATUTES VII>
<A X>
<C E3>
<O 1640-1710>
<M X>
<K X>
<D ENGLISH>
<V PROSE>
<T LAW>
<G X>
<F X>
<W WRITTEN>
<X X>
<Y X>
<H X>
<U PROF>
<E X>
<J X>
<I FORMAL>
<Z STAT>
<S SAMPLE X>


[^TEXT:  STATUTES (VII).
THE STATUTES OF THE REALM.
PRINTED BY COMMAND OF HIS MAJESTY
KING GEORGE THE THIRD IN PURSUANCE
OF AN ADDRESS OF THE HOUSE OF COMMONS 
OF GREAT BRITAIN, VOL. VII.
LONDON: DAWSONS OF PALL MALL, 1963 (1820).
SAMPLE 1:
VII, PP. 75.1   - 77.20  (A. D. 1695-6, CH.  12)
SAMPLE 2:
VII, PP. 97.20  - 98.32  (A. D. 1695-6, CH.  20) 
SAMPLE 3:
VII, PP. 210.22 - 211.49 (A. D. 1696-7, CH.  16)
SAMPLE 4:
VII, PP. 454.27 - 460.7  (A. D. 1698,   CHS. 3-4)
SAMPLE 5:
VII, PP. 586.10 - 587.51 (A. D. 1698-9, CH.  4)^]

<S SAMPLE 1>
<P VII,75>
[}CHAPTER XII.}]

[}AN ACT FOR RELIEF OF POOR PRISONERS FOR DEBT OR DAMAGES.}]

   Whereas for several charitable and good Reasons an Act of    #
Parliament was made in the Twenty second
and Twenty third Yeares of the Reigne of our late Sovereigne    #
Lord King Charles the Second intituled
An Act for the Relief and Release of Poor distressed Prisoners  #
for Debt and because of some dubious Construction
of some Word~ in the said Act the same did not answer the full  #
Intent for which it was made And therefore for
Explanation thereof and to supply the Defect~ which did         #
obstruct the good End~ and Purposes of the said Act
another Act was made in the same Parliament in the Thirtieth    #
Yeare of the Reigne of the said late King intituled
An Act for the further Relief and Discharge of poor distressed  #
Prisoners for Debt by which said last mentioned Act
it was enacted That all Persons being in Prison upon the        #
Twenty ninth Day of May One thousand six hundred
seventy and eight for Debt or Damages upon any manner of        #
Processe whatsoever issuing out of any Court of Law
or Equity and who shall take the Oath in the said first         #
recited Act mentioned should and might bee released and
discharged from their Imprisonment~ in the same manner as       #
Persons being Prisoners might have been by the said
first mentioned Act and in case the said Debt and Damages had   #
been ascertained by Judgement. And whereas several
Persons have been discharged by virtue of the said two Act~     #
and alsoe by virtue of one other Act of Parliament
made in the Second Yeare of the Reigne of His present Majestie  #
and of Her late Majestie Queen Mary entituled
An Act for Relief of Poor Prisoners for Debt or Damages but by  #
reason of some Defect~ in the said Act~ of
Parliament the Discharges of many of the said Persons have not  #
been effectual. And whereas very many Persons
are detained in Prison although they are altogether unable to   #
make any Satisfaction to their Creditors and because
of such Confinement are a Charge and Burthen to the Kingdome    #
and rendred incapable to doe such Service as
otherwise they might to their King and Countrey and for the     #
help of themselves and their Families Bee it therefore
enacted by the King~ most Excellent Majestie by and with the    #
Advice and Consent of the Lord~ Spiritual and
Temporal and the Commons in this present Parliament assembled   #
and by the Authority of the same that all
Persons in Prison upon the Five and twentieth Day of December   #
in the Yeare of our Lord One thousand six
hundred ninety and five for Debt or Damages or for or upon any  #
Action or Actions or upon any mean Processe
for Debt Account or Trespasse upon the Case which Actions by    #
Prosecution of Law may bee Judgement~ for
Debt or Damages or who may have Judgement~ entred upon Record   #
against them or are charged in Execution
or imprisoned upon Attachment~ for Debt or upon Outlawries      #
before or after Judgement for Debt or upon any
other Processe whatsoever issued out of any Court of Law or     #
Equity for the Cause of Debt or Damages or Cost~
onely who shall take the Oath in the said first recited Act     #
mentioned and the Oath in this present Act following
required to bee taken by Prisoners shall and may bee released   #
and discharged from their Imprisonment~ in the
same forme and in such Manner as is contained and mentioned in  #
the said two first mentioned Act~ and as if
such Person was Prisoner before and att the time mentioned for  #
the Release and Discharge of such Prisoner in
either of the said two first mentioned Act~.
  
   And it is further enacted by the Authority aforesaid That    #
any Justice or Justices of the Peace who pursuant to
the said Two first mentioned Act~ and according to the true     #
Intent and Meaning of this present Act shall make
any Order for the Discharge of any Poor Prisoner for Debt such  #
Justice or Justices of Peace shall by Su~mons cause
to come and call before him or them any Sheriff Goaler or       #
Keeper of Prison of such Goal or Prison of and from
which such Prisoner or Prisoners hee shee or they is or are     #
and shall administer and give to such Sheriff Goaler
or Keeper of Prison an Oath to this Effect following viz=t=.

   I A.B. doe swear That I.S. was really and truely my Prisoner #
in my Custody without any Fraud or Deceit by
mee or by any other to my Knowledge att or upon the Five and    #
twentieth Day of December in the Yeare of
our Lord One thousand six hundred ninety and five. Soe help     #
mee God.

   Provided and bee it enacted by the Authority aforesaid That  #
if such Person who was Goaler or Keeper of such
Goal or Prison on the said Five and twentieth Day of December   #
One thousand six hundred ninety and five shall
not happen to bee the Goaler or Keeper of such Goal or Prison   #
att the time of the making such Su~mon that
then the said Justice or Justic~ of the Peace before whom the   #
Sheriff Goaler or Keeper of such Prison shall appeare
by virtue of such Warrant shall administer and give to such     #
Person as shall bee Sheriff Goaler or Keeper of such
Prison att the time of making of such Summons an Oath to the    #
Effect following viz=t=.

   I A.B. doe swear That I have examined the Committment~ or    #
Book~ kept of and concerning the Commitment~
of Prisoners to the Prison of C. in the County of D. and that   #
by them it doth appeare that I.S. was really and
truely a Prisoner in the Custody of E.F. the then Sheriff       #
Goaler or Keeper of the said Prison without any Fraud
or Deceit by mee or by the said E.F. or any other Person or     #
Persons to my Knowledge or Belief att or upon the
Five and twentieth day of December in the Yeare of our Lord     #
One thousand six hundred ninety and five.
Soe help mee God.

   And bee it further enacted by the Authority aforesaid That   #
if such Sheriff Goaler or Keeper of Prison
being duely su~moned to appeare before the said Justice or      #
Justices of the Peace shall without just Cause to bee
allowed by such Justice or Justices of the Peace refuse to      #
appeare or to take One of the said Two before mentioned
<P VII,76>
Oaths soe to bee given and administred to them respectively by  #
the said Justice or Justices of the Peace as aforesaid
such Sheriff Goaler or Keeper of Prison shall forfeit and pay   #
to such Prisoner soe about to bee discharged &
released from Prison and thereby detained the Value of such     #
Debt or Debt~ for which hee or she shall bee
imprisoned to bee recovered by Action of Debt in any of His     #
Majesties Court~ of Record And if any such Sheriff
Goaler or Keeper of Prison shall forswear and perjure himselfe  #
and shall bee thereof lawfully convicted such Sheriff
Goaler or Keeper of Prison shall incurr and suffer such         #
Penalties as are now in Force and may by Law bee inflicted
upon Persons convicted of Perjury.

   And bee it further enacted by the Authority aforesaid That   #
such Prisoner as shall take the Benefitt of this Act
according to the Forme of the said Two first mentioned Act~ as  #
is hereby required and shall take the Oath in the
said first recited Act mentioned shall alsoe before such        #
Justice or Justices of the Peace by whom such Oath is to
bee given and administred likewise take an Oath (which such     #
Justice or Justices of the Peace is and are hereby
impowered to administer) to this Effect, videl~t

   I A.B. doe sweare That on the Five and twentieth day of      #
December in the Yeare of our Lord One thousand six
hundred ninety & five I was actually a Prisoner in the Custody  #
of the Goaler of Keeper of the Prison of C. in
the County of D. att the Suit of I.S. without any Consent or    #
p~curement and without any Fraud or Collusion
whatsoever. Soe help mee God.

   And if any Prisoner who shall take the Benefitt of this Act  #
and shall in pursuance of the same take the Oaths
for any the Purposes hereby or by any the before mentioned      #
Act~ appointed shall forsweare himselfe or herselfe
then shall such Person being thereof lawfully convicted beyond  #
and over and above the Penalties which may by
Law now in Force bee inflicted upon Persons convicted of        #
Perjury suffer Imprisonment for the space of Seven yeares
without Bail or Mainprize.

   And it is declared and enacted by the Authority aforesaid    #
That takeing the Oaths and giving to the Creditors such
Notice as is by this present Act required in all other thing~   #
for the Release and Discharge of any poor Prisoner
from Prison shall bee observed and performed in the same Forme  #
and Method as is mentioned and directed by
the said Two first mentioned Act~ of Parliament.

   Provided always neverthelesse That this Act shall not        #
extend to any Person or Persons in Execution for any
Fine on him her or them imposed for any Offence by him her or   #
them co~mitted.

   Provided alsoe That noe Person shall bee discharged out of   #
Prison or have any Benefitt or Advantage by
force or virtue of this Act who shall bee really and            #
(\bona fide\) indebted in more than the Su~m of One hundred
Pound~ Principal Money for Debt or Damages or shall stand       #
charged with any Debt to His Majestie.

   Provided always and bee it further enacted by the Authority  #
aforesaid That notwithstanding the Discharge of
the Person of such Prisoner as aforesaid upon takeing the       #
Oaths aforesaid all and every Judgement and Judgement~
had and taken against him or her alone or with any other        #
Person or Persons shall stand and bee good and effectual
in the Law to all Intent~ and Purposes against the Land~        #
Tenement~ Hereditament~ Good~ and Chattels onely
of the said Prisoner soe as aforesaid discharged And that it    #
shall and may bee lawfull to and for such Creditor
or Creditors of such Prisoner or Prisoners soe discharged as    #
aforesaid his her or their Executors Administrators
or Assignes to take out any new Execution against the Land~     #
Tenement~ Hereditament~ Good~ and Chattells of
such Prisoner or Prisoners (his or her Wearing Apparel Bedding  #
for his or her Family and Tools necessary for
his or her Trade or Occupac~on onely excepted) for the          #
Satisfaction of his her or their said Debt in such Sort
Manner and Forme as hee she or they might have done if the      #
Person or Persons of such Prisoner or Prisoners
had never been taken in Execution Any Act Statute Law or        #
Custome to the contrary in any wise notwithstanding.

   And bee it further enacted by the Authority aforesaid That   #
upon any Actions of Escape or other Suit brought
or to bee brought against any Justice of the Peace Sheriff      #
Goaler or Keeper of Prison for any thing done in
obedience to this Act itt shall and may bee lawfull to and for  #
such Justice of the Peace Sheriff Goaler and
Keeper of Prison to plead the General Issue and give this Act   #
and the said Two first mentioned Act~ and the
Proceeding~ thereon in Evidence which shall bee a good &        #
sufficient Discharge and shall save harmlesse every
such Justice of the Peace Sheriff Goaler or Keeper of Prison    #
pleading the same And if the Plaintiff in any such
Action shall bee nonsuited or Verdict passe against him the     #
Defendant shall have Double Cost~ to bee taxed by
the Court where such Action is brought.

   And further Bee it enacted by the Authority aforesaid That   #
if any Prisoner who hath been discharged by virtue
of any of the Act~ of Parliament herein before mentioned or     #
who shall bee discharged by virtue of this Act shall
happen to bee arrested again for any Debt contracted before     #
such his Discharge if such Prisoner shall shew a
Duplicate of his or her Discharge under the Hand~ and Seales    #
of the Justices of the Peace by whom hee or
she was discharged or of any two of them and the Officer        #
refuseing to sett att Liberty him or her soe arrested
and shewing such Duplicate then and in such Case upon Petition  #
to either of the Two Lord~ Chief Justices of
the King~ Bench and Co~mon Pleas or Lord Chief Baron of the     #
Exchequer for the time being or to any one of
<P VII,77>
his Majesties Justices of the Court~ of King~ Bench or Co~mon   #
Pleas for the time being or to any Justice or
Justices of the Peace of the Place or County where such         #
Prisoner shall bee under Arrest or in Custody the said
Lord~ Chief Justices or Lord Chief Baron or Justices of the     #
said Court~ or Justices of the Peace or any one or
more of them shall and may su~mon before him or them such       #
Parties as hee or they shall think fitt and upon
hearing and examining the Matter in a su~mary way shall and     #
may sett att Liberty and discharge such Prisoner
upon his or her giving a Warant of Attorney to appeare and      #
file Co~mon Bail to every such Action and to plead
thereunto.

   And bee it alsoe enacted by the Authority aforesaid That if  #
any Prisoner who hath been or shall bee discharged
by virtue of any of the Act~ before mentioned or by virtue of   #
this Act shall att any time hereafter be arrested
or sued for any Debt contracted before such his or her          #
Discharge hee or she may plead the General Issue and
give this Act and the said Two first mentioned Act~ and the     #
Proceeding~ thereon had in Evidence.

   Provided always That noe Man being under Forty Yeares of     #
Age shall dureing the present Warr with France
bee discharged from his Imprisonment or have any Benefitt or    #
Advantage by means or virtue of this Act or any
thing therein contained unlesse such Man or Person doe and      #
shall before his Discharge voluntarily list himselfe
a Soldier under some Officer or Officers of His Majesties       #
Fleet or Army or in his Place or Stead procure one
able Man to list himselfe under His Majesties Service Any       #
thing herein before contained to the contrary in any
wise notwithstanding.
   Provided that nothing in this Act shall extend to release    #
or discharge any Person or Persons who have
co~mitted any Felony or Robery and for which any Action hath    #
been brought to recover Damages for the same
though the Damages be under One hundred Pound~.

<S SAMPLE 2>
<P VII,97>

[}CHAPTER XX.}]

[}AN ACT FOR GRANTING TO HIS MAJESTY AN ADDITIONALL DUTY UPON   #
ALL FRENCH GOODS AND MERCHANDIZE.}]

   Wee Your Majesties most dutifull and loyall Subjects the     #
Commons assembled in Parliament have cheerfully
and unanimously given and granted and doe hereby give and       #
grant unto Your Majesty the additionall and
other Rates Impositions Dutyes and Charges upon the severall    #
sorts of Goods and Merchandize to bee imported
into the Kingdome of England Dominion of Wales or Towne of      #
Berwick upon Tweed during such Tyme and in
such Manner and Forme as herein after followeth And doe humbly  #
pray Your Majesty that it may bee enacted
And bee itt 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
there shall bee answered and paid to His Majesty and His        #
Heires and Successors for the severall Goods and Merchandizes
hereafter menco~ned over and above all Impositions Dutyes and   #
Charges already imposed and payable upon and for
the same in the Booke of Rates of Merchandize by Act of         #
Parliament established and the Direction therein contained
or otherwise the further Rates and Duties following (that is    #
to say)
   For every Tun of French Wine imported from and after the     #
Twenty eighth Day of February One thousand six
hundred ninety six for the Terme of One and twenty Yeares and   #
from thence to the End of the next Session of
Parliament and noe longer Five and twenty Pounds above the      #
Duties already charged thereupon without any Deduction
and soe proportionable for a greater or lesser Quantity.
   For every Tun of French Brandy of Single Proofe imported     #
after the Twenty eighth day of February One thousand
six hundred ninety six for the Terme of One and twenty Yeares   #
and from thence to the End of the next Session
of Parliament and noe longer Thirty Pounds And for every Tun    #
of French Brandy of Double Proofe imported
as aforesaid Sixty Pounds over and above the Dutyes already     #
charged thereupon without any Deduction and soe
proportionably for a greater or lesser Quantity.
   For every Tun of French Vinegar imported after the said      #
Twenty eighth Day of February One thousand six hundred
ninety six for the Terme of One and twenty Yeares and from      #
thence to the End of the next Session of Parliament
and noe longer Fifteene Pounds over and above the Duties        #
already charged thereupon without any Deduction and
soe proportionably for any greater or lesser Quantity.
   For all other Goods of the Growth Product or Manufacture of  #
France imported after the said Twenty
eighth Day of February One thousand six hundred ninety six for  #
the Terme of One and twenty Yeares and from 
thence to the End of the next Session of Parliament and noe     #
longer Five and twenty Pounds (\per Centum ad
Valorem\) over and above the Duties already charged thereupon   #
without any Deduction and soe proportionably for
a greater or lesser Quantity.
   
   Provided alwayes and bee itt enacted, That the severall      #
Rates and Impositions hereby imposed upon the respective
Goods and Merchandizes aforesaid shall bee collected and paid   #
according to the respective Rates and Proportions
herein expressed and bee raised levyed collected and paid unto  #
His Majesty dureing the respective Tymes before
mentioned in the same Manner and Forme and by such Rules        #
Meanes and Wayes and under such Penalties and
Forfeitures as are mentioned and expressed in one Act of        #
Parliament made in the Twelfth Yeare of the Reigne of
<P VII,98>
King Charles the Second intituled A Subsidy granted to the      #
King of Tonnage and Poundage and other Summes of
Money payable upon Merchandize exported and imported and the    #
Rules Directions and Orders thereunto annexed or
any other Lawes now in force relateing to the Collection of     #
His Majesties Customes which said Act and Acts and every
Article Rule and Clause therein contained shall stand and bee   #
in force for the Purposes aforesaid dureing the
Continuance of this Act.
  
   And whereas a very usefull and profitable Invention or       #
Mystery hath beene lately found out for the better and 
more speedy makeing and knitting of Worsted and Silke           #
Stockings Wastcoates Gloves and other wearing Necessaries
whereby great Quantities are wrought off in a little tyme His   #
Majesties Dominions abundantly supplyed and great
Quantities exported into Foreigne Nations to the Increase of    #
His Majesties Customes and the Improvement of Trade
and Commerce And whereas severall of the Frames or Engines for  #
the makeing and knitting of such Stockings and
other weareing Necessaries have beene of late exported out of   #
this Kingdome whereby the said Commodities have
beene made in Foreigne Parts which were heretofore made in      #
this Kingdome onely to the great Discouragement of the
Woollen Trade in generall and the great detriment of the said   #
Mystery and the Impoverishment of many Familyes
who have beene thereby maintained For the Prevention of which   #
Inconveniencies for the future bee it enacted by the
Authority aforesaid That from and after the First Day of May    #
One thousand six hundred ninety six noe Person or
Persons whatsoever shall load or putt on board any Shipp or     #
Vessell any such Frame or Frames or any Part or
Parcell thereof in order to bee exported beyond the Seas upon   #
payne that the Person or Persons offending herein
shall not onely forfeite or loose such Frame and Frames Parts   #
or Parcells of Frames which shall bee soe loaden
and putt on board in order to be exported beyond the Seas as    #
aforesaid but also the Summe of Forty Pounds of
lawfull Money of England for such Frame or Part or Parcell      #
thereof the one Moiety thereof to His Majesty His Heires
and Successors the other Moiety thereof to the Person or        #
Persons who shall informe and sue for the same to bee
recovered by Action of Debt Bill Plaint or Information in any   #
of His Majesties Courts of Record wherein noe
Essoigne Protection or Wager of Law shall be allowed or more    #
than one Imparlance.

   And for the more effectuall preventing the Exportation of    #
such Frames Bee itt further enacted by the Authority
aforesaid That all and every Person and Persons whatsoever      #
which from and after the said First Day of May shall
buy sell dispose of or remove from Place to Place any such      #
Frame or Engine or any Parts or Parcells thereof
shall within Two Months next after such Disposall or Removall   #
thereof give Notice in Writeing to the Master and
Wardens of the Company of Frame-Worke-Knitters within the City  #
of London or to theire lawfull Debuty or
Debuties for the tyme being some or one of them to whom and     #
what Place the same were soe sold disposed or
removed To the end that an Accompt may bee taken by the said    #
Master and Wardens or theire Deputy or
Deputies thereof upon Paine that every Person and Persons       #
offending herein shall forfeite and pay for every such
Offence to the Uses aforesaid the Summe of Five Pounds of like  #
Money to bee recovered as aforesaid.

<S SAMPLE 3>
<P VII,210>

[}CHAPTER XVI.}]

[}AN ACT FOR ENLARGEING CO~MON HIGH-WAYS.}]

   Whereas an Act made in the Thirteenth and Foureteenth        #
Yeares of the Reigne of King Charles the Second
for enlargeing Common High-ways is expired and that the         #
ordinary Course appointed by the Laws and
Statutes of this Realme is not sufficient for the enlargeing    #
of the High-ways of this Kingdome Be it enacted by
the King~ most Excellent Majesty by and with the Advice and     #
Consent of the Lord~ Spiritual and Temporal and
the Co~mons in this present Parliament assembled and by the     #
Authority of the same That the Justices of the Peace
of any County City Riding Division Liberty or Place or the      #
major Part of them being Five att the least att their
Quarter Sessions shall have power to enlarge or widen any       #
Highways in their respective Counties Riding~ Divisions
Liberties or Places so that the Ground to be taken into the     #
said Highways do not exceed Eight Yard~ in Breadth
& that the said Power do not extend to pull downe any House or  #
to take away the Ground of any Garden
Orchard Court or Yard And for the Satisfaction of the Persons   #
who are Owners of or may be interested in the
said Ground that shall be laid into the said High-ways the      #
said Justices are hereby impowered to impannel a Jury
before them and to administer an Oath to the said Jury that     #
they will assesse such Damages to be given and
Recompence to be made to the Owners and others interested in    #
the said Ground Rent or Charge respectively for
their respective Interest~ as they shall think reasonable not   #
exceeding Five & twenty Yeares Purchase for Land~
so laid out and likewise such Recompence as they shall think    #
reasonable for the making of a new Ditch and
Fence to that side of the High-way that shall be so enlarged    #
and also Satisfaction to any Person that may be
otherwise injured by the enlargeing of the said High-ways and   #
upon Payment of the said Money so awarded or
leaving itt in the Hand~ of the Clerk of the Peace of the       #
respective County for the Use of the Owner or of
others interested in the said Ground the Interest of the said   #
Persons in the said Ground-Rent or Charge shall be
for ever divested out of them and the said Ground and all       #
other Ground~ that shall be laid into any High-way
by virtue of this Act shall be esteemed and taken to be a       #
Publick High-way to all Intent~ and Purposes whatsoever
and the said Justices of the Peace for any County City Riding   #
Division Liberty or other Place or the major part
of them being Five att the least shall have power to order one  #
or more Assessment or Assessment~ to be made
levied or collected upon all and every the Inhabitant~ Owners   #
or Occupiers of Land~ Houses Tenement~ or
Hereditament~ in their respective Parishes or Places that       #
ought to repaire the same to such Person and Persons and
in such manner as the said Justices att such Sessions shall     #
direct and appoint and the Money thereby raised shall
be imployed and accounted for according to the Order &          #
Direction of the said Justices for and toward~ the
purchasing of the Land to enlarge the said Highways and for     #
the making the said Ditches and Fences and the said
Assessment shall by order of the said Justices be levied by     #
the Overseers of the High-ways by Distresse and 
Sale of the Good~ of Persons so assessed not paying the same    #
within Ten Days after Demand rendring the Overplus
of the Value of the Good~ so distrained to the Owner and        #
Owners thereof (the necessary Charges of making and
settling such Good~ being first deducted.)
<P VII,211>

   Provided neverthelesse and be it enacted That no such        #
Assessment or Assessment~ made in any One Yeare
for enlargeing of High-ways shall exceed the Rate of Six Pence  #
in the Pound of the yearely Income of any Land~
Houses Tenement~ and Hereditament~ nor the Rate of Six pence    #
in the Pound for Personal Estates.

   And that no Person may be surprised by the Power contained   #
in this Act but may have timely Notice to appear
to make their Complaint~ to the said Justices Be it enacted by  #
the Authority aforesaid That the Justices of Peace
of any County City Riding Division Liberty or Place or the      #
major part of them being Five att the least att their
Quarter Sessions att the Request of any Person for the Putting  #
in Execution the Powers contained in this Act
for the enlargeing of High ways shall issue out their Precept~  #
to the Owner or Owners of Ground or others
interested in the same that are to be laid into the said        #
Highways to appeare att the next Quarter Sessions or
shew cause why the said High-ways should not be enlarged Any    #
thing in this Act contained to the contrary
notwithstanding.
 
   Provided also and be it enacted by the Authority aforesaid   #
That if any Order or Decree shall be made by the
said Justices for the laying out of Ground for the enlargeing   #
of High-ways that the Owners or Proprietors of the
said Ground have hereby free Liberty within Eight Months after  #
such Order to cutt downe any Wood or Timber
growing upon the said Ground or upon the neglect thereof that   #
the same shall be sold by Order of the said
Justices and the Owners of such Wood or Timber shall receive    #
the full of what shall be made of such Wood or
Timber (the Charges of working the same being first deducted.)

   And be it further enacted by the Authority aforesaid That    #
it shall & may be lawfull for any Person grieved
by the Order or Decree of the said Justices to appeal to the    #
Judges of Assize att the next Assize onely to be
held for the County where such Decree or Order shall be made    #
and any of the said Judges are hereby impowered
to reexamine affirme or reverse the said former Order and       #
Decree as in Judgement they shall think fitt and if
affirmed to award Cost~ against such Appellant~ for their       #
Vexation and Delay and to cause the same to be levied
by Distresse and Sale of the Appellant~ Good~ rendring the      #
Overplus (if any such be) to the said Appellant~.

   Provided also and be it enacted That where any Co~mon        #
High-way att any Time hereafter shall be enclosed after
a Writt of (\Ad quod Dampnum\) issued and Inquisiton thereupon  #
taken it shall and may be lawfull to and for any
Person or Persons injured or agrieved by such Inclosure to      #
make their Complaint thereof by Appeal to the Justices
att the Quarter Sessions to be held for the same County next    #
after such Inquisition taken who are hereby authorized
and impowered to heare and determine such Appeal and whose      #
Determination therein shall be final and if no
such Appeal be made then the said Inquisition and Returne       #
entred and recorded by the Clerke of the Peace
of such County att the Quarter Sessions shall be forever        #
afterward~ binding to all Persons whatsoever without
any further or other Appeal Any Law or Statute to the contrary  #
notwithstanding.

   And for the better convenience of travelling in such Part~   #
of this Kingdome which are remote from Towns and
where several High-ways meet Be it further enacted by the       #
Authority aforesaid That it shall and may be lawfull
to and for his Majesties Justices of the Peace att their        #
respective Special Sessions to be held once in Foure Months
by virtue of an Act made in the Third and Fourth Yeares of the  #
Reigne of King William and Queen Mary
intituled An Act for the better repairing & amending the        #
High-ways and for settling the Rates of Carriage of Good~
so often and in such Cases as they shall think necessary to     #
direct their Precept to the Surveyors of the High-ways
in any Parish or Place where Two or more Crosse High-ways meet  #
requiring them forthwith to cause to be erected
or fixed in the most convenient Place where such Ways joyn a    #
Stone or Post with an Inscription thereon in large
Letters containing the Name of the next Markett Towne to which  #
each of the said joyning High-ways lead~ who
is to be reimburst according as the said Act for the repairing  #
of High-ways direct~ And in case any Surveyor or
Surveyors shall be the Space of Three Months after such         #
Precept to him or them directed and delivered neglect
or refuse to cause such Stone or Post to be fixed as is         #
aforesaid every such Offender shall forfeit the Su~m of Ten
Shilling~ to be levied by Warr=t=. under the Hand and Seale of  #
any Justice of the Peace of the Peace of Riding
Division or Liberty where such Parish or Place shall be such    #
Warr=t=. to be directed to the Constable of such Parish
or Place requiring him to distraine the Good~ of such Offendor  #
and sell the same rendring to him the Overplus
(if any be) and to imploy such Su~m so levied in and toward~    #
such Stone or Post as is aforesaid and in case
any Part of the said Su~m shall remaine after such Stone or     #
Post erected then to imploy such remaining Su~m in
amending the same crosse High-ways and not otherwise.

<S SAMPLE 4>
<P VIII,454>

[}CHAPTER III.}]

[}AN ACT TO PROHIBIT THE EXPORTATION OF ANY CORN MALT MEALE     #
FLOUR BREAD BISCUIT OR STARCH FOR ONE YEARE FROM
THE TENTH DAY OF FEBRUARY ONE THOUSAND SIX HUNDRED NINETY       #
EIGHT.}]

   Whereas the Price of Corn at this time within the Kingdom    #
of England Dominion of Wales and Towne
of Berwick upon Tweed is become very great and in some parts    #
thereof excessive which tends to the
Impoverishment of many of His Majesties good Subjects           #
especially of poor Manufacturers and other of the meaner
Condition And by reason the Corn in severall other parts of     #
Europe is scarcer and dearer than in England it
is likely that severall Persons for their private Advantage or  #
Lucre will export or carry great Quantities of Corn
from this Kingdom or the Dominion or Towne aforesaid to         #
Forreigne Parts whereby the Price of Corn here will
be further inhanced to the Detriment of His Majesties good      #
Subjects and the Destruction of many of them if a
timely Remedy in this behalfe be not provided 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 no Person or    #
Persons whatsoever from and after the Tenth
Day of February in the Yeare of our Lord One thousand six       #
hundred ninety eight and before the Tenth Day
of February which shall be in the Yeare of our Lord One         #
thousand six hundred ninety nine 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 said Kingdom of England Dominion of Wales    #
and Towne of Berwick upon Tweed or any of
them or load or lay on board or cause or procure to be laden    #
or laid on board in any Ship or other Vessell
or Boat in order to be exported or carried out of the Kingdom   #
Dominion or Towne aforesaid to or for any
Forreigne Parts or to or for the Kingdom of Scotland or load    #
or putt or cause to be loaded or putt on any
Horse or Cart or otherwise to be carried to the said Kingdom    #
of Scotland any Wheat Rye Miscellany Barley or
other Corn whatsoever or any Meal Malt Starch or Flower         #
thereof or any Bread or Biscuit whatsoever (other
than such as are especially allowed to be shipped or carried    #
out by this Act) under the Pains and Forfeitures
hereinafter mentioned (that is to say) That all the Corn Meal   #
Flour Biscuit Malt Starch and Bread that shall
be soe exported shipped or laid on board or loaded to be        #
exported or carried out contrary to this Act shall be
forfeited And that every Offender and Offenders therein shall   #
forfeite the Sum of Twenty Shillings for every
Bushell of Corn Malt Meal or Flower and Twelve Pence for every  #
Pound Weight Troy of Bread Biscuit or Starch
which shall be soe exported shipped or putt on board to be      #
exported contrary to this Act And moreover the
Ship or Vessell upon which such Corn Meal Flour Biskett Malt    #
Starch or Bread shall be soe exported or shipped
to be soe exported and all her Guns Tackle Apparell and         #
Furniture shall be forfeited the One Moiety of all
which Penalties and Forfeitures shall be to the Kings Majesty   #
His Heires and Successors and the other Moiety to
<P VIII,455>
him or them who will sue for the same to be recovered by        #
Action of Debt or of the Case Bill Suit Plaint or
Information in any of His Majesties Courts of Record at         #
Westminster or before the Justices of the Assize or of
the Great Sessions in Wales or by Information at any Generall   #
Quarter Sessions of the Peace for the County City
Rideing or Place where the Offence shall be committed and in    #
such Suite no Essoigne Protection or Wager of
Law shall be allowed And that the Master and Mariners of any    #
such Ship or Vessell wherein any such Offence
shall be committed knowing such Offence and wittingly and       #
willingly aiding and assisting thereunto and being
thereof duely convicted in any such Court of Record as          #
aforesaid or at the Generall Quarter Sessions of the
County City Rideing or Place where such Offence shall be        #
committed or where they shall be apprehended or
arrested for such Offence shall have Imprisonment by the space  #
of Three Months without Bail or Mainprise

   And be it further enacted by the Authority aforesaid That    #
it shall and may be lawfull to or for any Person
or Persons being a Commissioner or Commissioners Officer or     #
Officers of His Majesties Customs or being
lawfully authorized in this behalfe by the Commissioners of     #
His Majesties Treasury or any three or more of
them for the time being or by the Treasurer of the Exchequer    #
for the time being to take and seize all such
Corn Meale Flour Biscuit Malt Starch and Bread not allowed to   #
be exported by this Act as he or they shall
happen to soe find know or discover to be laid on board in any  #
Ship or other Vessell or Boate at Sea or in any
Port or in any navigable River or Water to the Intent or        #
Purpose to be exported transported or conveyed out of
the Kingdom or Dominion aforesaid or to be laden on any Horse   #
Cart or other Carriage to the Intent or Purpose
to be carried or conveyed into Scotland and to bring the same   #
to the Kings Ware-House belonging to the
Custom-House next the Place where such Seizure shall be made    #
to be proceeded against and (in case of Recovery)
to be divided according to this Act.

   Provided alwaies That this Act or any thing therein          #
contained shall not extend to prohibit the Exportation or
carrying out of such Corn Bread Meal Malt Starch Flour or       #
Biskuit as shall be necessary to be carried in any
Ship or other Vessell or Vessells in their Voyages from this    #
Kingdom or the Dominion aforesaid or in their Returne
to the same only for the Sustenance or Diet of the Commanders   #
Masters Mariners Passengers or others in the
same Ships and not to be sold in any Forreigne Parts or for     #
the Victualling any of His Majesties Ships in any
Forreigne Parts Any thing herein contained to the contrary      #
notwithstanding

   Provided alsoe That this Act or any thing therein contained  #
shall not extend to any Corn Meal Malt Ground
Malt Flour Starch or Biscuit which shall be exported or         #
shipped to be exported out of or from any the Ports
of this Kingdom or Dominion of Wales to the Forts Castles and   #
Factories in Africa unto such of His Majesties
Islands or Colonies in America that have usually been supplied  #
with Corn or Meale or Starch from this Kingdom
or from the Dominion of Wales aforesaid for the Sustentation    #
of the Inhabitants of the said Islands or Colonies
Forts Castles or Factories or for the Benefitt of the English   #
Fishery in those Parts only soe as the Exporter doe
before the shipping or laying on board the same declare the     #
Island or Colony Islands or Colonies for which the
said Corn or Meale or Starch is designed and doe become bound   #
with other sufficient Security in Treble the
Value to the Commissioners or Officers of His Majesties         #
Customs respectively (who have hereby Power to take
such Security in His Majesties Name and to His Majesties Use)   #
that such Corn Meale or Flour or Starch shall
not be landed or sold in any Parts whatsoever other than the    #
Islands or Colonies for which the same shall be soe
declared for the takeing of which Security no Fee or Reward     #
shall be demanded or received Any thing herein
contained to the contrary notwithstanding And the said Bond or  #
Bonds if not prosecuted within Three Yeares shall
be void

   Provided alsoe That this Act or any thing therein contained  #
shall not extend to anay Malt to be transported
out of or from the Port of Southampton only unto the Islands    #
of Jersey and Guernsey or either of them for the
only Use of the Inhabitants of those Islands soe as the         #
Exporter before the lading of such Malt or laying the same
on board doe become bound with other sufficient Security        #
(which the Customer or Comptroller of the same Port
hath hereby Power to take in His Majesties Name and to His      #
Majesties Use and for which Security no Fee or
Reward shall be given or taken) that such Malt shall be landed  #
in the said Islands of Jersey and Guernsey or one
of them the Danger of the Seas only excepted for the Use of     #
the Inhabitants there and shall not be landed or
sold in any other Parts whatsoever and soe as the whole         #
Quantity of Malt which betweene the said Tenth Day of
February One thousand six hundred ninety eight and the said     #
Tenth Day of February One thousand six hundred
ninety nine shall be shipped at the said Port for Jersey and    #
Guernsey or either of them as aforesaid doe not exceed
Four thousand Quarters Any thing herein contained to the        #
contrary notwithstanding

   And it is hereby provided and enacted by the Authority       #
aforesaid That it shall and may be lawfull for any
Person or Persons to ship or putt on board any Corn Meale       #
Flour Bread Malt Starch or Biscuit to be carried
Coastwise (that is to say) from any Port Creeke or Member of    #
the Kingdom of England Dominion of Wales or
the Towne of Berwick upon Tweed to any other Post Creeke or     #
Member of the same having a Coast-Coquet or
Sufferance for that purpose and sufficient Security being       #
first given for the landing and discharging the same in
some other Port Member or Creeke of the Kingdom Dominion or     #
Towne aforesaid and returning a Certificate in
Six Months as is required by Law in Cases where Goods are       #
carried Coastwise and not otherwise Any thing herein
contained to the contrary notwithstanding

<P VIII,456>
   Provided alwaies and be it enacted That this Act or any      #
thing therein contained shall not extend or be construed
to hinder or obstruct any Person or Persons whatsoever in the   #
Carriage of Corn Graine or Malt in any Boats
or Vessells upon any Navigable River or Rivers to their         #
Ordinary Marketts or any other Place or Places within
the said River or Rivers within this Realme or the Dominion     #
aforesaid soe as the same be not shipped or put
on any Boat or Vessell in order to be shipped for Exportation   #
And that in such Islands or Places within any
of the Counties of England and Wales where the Inhabitants      #
have usually carried by Water their Corn Graine
or Malt to any Markett or Marketts within England or Wales      #
without takeing forth any Coast-Cocquetts and
thereupon giveing Bonds and returning Certificates as           #
aforesaid such Inhabitants may lawfully carry by Water such
their Corn Graine and Malt to such Marketts without being       #
obliged by this Act or any thing herein contained to
take forth any such Coast-Cocquetts or to give such             #
Coast-Bonds or to returne Certificates thereupon as aforesaid
And that for such Corn Graine and Malt of the Growth of the     #
Isle of Wight as shall be carried from thence to any
of the ordinary Marketts in the County of Southampton or Towne  #
of Southampton and County of the same or of
the County of Sussex in any open Boat the Officers of His       #
Majesties Customs shall not demand or take any Fee
or Reward whatsoever for the Coquett Cast-Bond or Certificate   #
in that respect to be given

   Provided alwaies and be it enacted by the Authority          #
aforesaid That in case His Majesty at any time or times
before the said Tenth Day of February One thousand six hundred  #
ninety nine shall find the Price of Corn to
decrease in the Publick Marketts and for that reason (in His    #
Royall Discretion) shall judge it to be most for the
Benefitt and Advantage of his Kingdom to permitt the            #
Exportation of Corn that then it shall be lawfull to and
for His Majesty by His Royall Proclamation or Proclamations to  #
be issued by and with the Advice of His Privy
Councill from time to time to permitt and suffer all and every  #
Person and Persons Natives and Forreigners (but
not any particular Persons) at any time or times before the     #
said Tenth Day of February One thousand six hundred
ninety nine to export or carry out of the Kingdom of England    #
Dominion of Wales and Towne of Berwick upon
Tweed Wheat Barley Malt Rye Miscellany Oats and all other Corn  #
and Graine or any Kinds and Quantities thereof
as to His Majesty shall seeme meete and as in such              #
Proclamation or Proclamations shall be publickly expressed
and declared either to and for the Kingdom of Scotland and all  #
other Forreigne Parts whatsoever or any of them
Any thing herein or in any other Act or Acts or Parliament      #
contained to the contrary notwithstanding.

   And be it further enacted by the Authority aforesaid That    #
the Commissioners of the Customes for the time being
shall and they are hereby required to give a full and true      #
Accompt in Writing to both Houses of Parliament at
the begining of the next Session thereof of all Corn and        #
Graine of what Nature or Kind soever that shall before
that time be exported to any Place whatsoever by virtue or in   #
pursuance of any the Liberties or Powers hereby
given or granted for that purpose.

[}CHAPTER IV.}]

[}AN ACT TO PROHIBIT THE EXCESSIVE DISTILLING OF SPIRITS AND    #
LOW WINES FROM CORNE AND AGAINST THE EXPORTING OF
BEER AND ALE AND TO PREVENT FRAUDS IN DISTILLERS.}]

   Whereas it is found by Experience that the drawing           #
distilling and makeing of Brandies or Spiritts from
Malt is one Cause of the present dearnesse of Corne especially  #
of Barley in this Realme and by reason of
the great Scarcity of Corne in Forreigne Parts and the          #
Restraints which are or may be made there of distilling
Spiritts from Corne great Demands are and may be made of        #
Spiritts drawne from malted Corne in this Kingdom
to supply the occasions of those Forreigne Parts which must     #
needs tend to a further enhanceing of the Price of
Corne here and prove a great Grievance to many His Majesties    #
good Subjects if a speedy Remedy be not provided
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 no Person or Persons whatsoever from and after the last    #
Day of January in the Yeare of our Lord One
thousand six hundred ninety eight and before the First Day of   #
February which shall be in the Yeare of our Lord
One thousand six hundred ninety nine shall directly or          #
indirectly draw distill or make or cause or procure to be
drawne distilled or made within the Kingdom of England          #
Dominion of Wales and Towne of Berwick upon Tweed
and Brandy Aqua Vitae Spiritts or Low Wines whatsoever other    #
than such Quantities as are allowed by this Act
and under such Restrictions and in such Manner and Forme as     #
are herein prescribed from any Malt Corne or
Graine or from any Wash or Liquors produced or to be produced   #
from any Malt Corne or Graine whatsoever
under the Penalties and Forfeitures herein after mentioned      #
(that is to say) That all the Brandy Aqua Vitae Spiritts
and Low Wines soe made or drawne shall be forfeited and that    #
every Offender and Offenders therein shall forfeite
and pay the Sum of Ten Shillings for every Gallon of Brandy     #
Aqua Vitae Spiritts or Low Wines which shall be
drawne distilled or made contrary to this Act and moreover      #
that all the Stills Backs Casks and other Utensills and
Vessells imployed in the distilling drawing makeing or keeping  #
the same or any part thereof shall be forfeited the
moiety of all which Penalties and Forfeitures shall be to the   #
Kings Majesty His Heires and Successors and the
other moiety to him or them that shall discover informe or sue  #
for the same and the said Penalties and Forfeitures
shall and may be recovered in the same Manner and by the same   #
Meanes as any Penalties and Forfeitures by any 
<P VIII,457>
of the Laws and Statutes for the Excise now in force for any    #
Offence or Offences against the same are or may
be recovered and that all Servants and others who shall be      #
wittingly or willingly aiding or assisting in the makeing
of the said Spiritts or Low Wines contrary to this Act and      #
being thereof duely convicted in any of His Majesties
Courts of Record at Westminster or at the Generall Quarter      #
Sessions of the County City Rideing or Place where
such Offence shall be committed or where such Person or         #
Persons shall be apprehended or arrested for such
Offence shall suffer Imprisonment by the space of Six Months    #
without Bail or Mainprize.

   Provided alwaies That it shall and may be lawful for any     #
Person or Persons drawing Spiritts Brandy or Low
Wines from any Forreigne Materialls or any English Materialls   #
other than such as are prohibited by this Act to
make use of a reasonable Quantity of Yeast for the              #
Fermentation of their Wash in order to the distilling of the
same Any thing in this or any other Act to the contrary         #
notwithstanding

   And whereas it is found by experience That His Majesty hath  #
been very much defrauded of His Duties upon
Low Wines and Spiritts by many Distillers and other Persons     #
who keepe or sett up private and concealed Warehouses
Storehouses Cellars or other Places or private or concealed     #
Stills Backs or other Vessells for the makeing preparing
or keeping Wash Low Wines Spiritts or other Materialls fitt     #
for Distillation and by Private Pipes and Stopcocks
and other Private Conveyances have Communication betweene       #
their Private and Publick Backs and other Vessells
by which they doe privately convey their Wash or other Liquors  #
fitt for Distillation from one Back or other Vessell
to another by meanes whereof the Officers cannot take and       #
keepe a true and distinct Account of such Wash and
other Liquors fitt for Distillation nor of the Low Wines and    #
Spiritts made or drawne from the same And whereas
the Gaugers and Officers of Excise are not sufficiently         #
impowered by Law upon Suspicion or Knowledge of such
Frauds to enter the Houses or Places where the same are         #
practised without Consent of the Possessors thereof or
upon Entry and Discovery of such Frauds cannot find out or      #
discover the Person or Persons concerned therein
by reason that the true Owner or Owners of such Warehouses      #
Storehouses Cellars or other Places Stills Backs
or other Vessells Spiritts Low Wines Wash or other Materialls   #
fitt for Distillation will not appeare or Claime
any Interest therein but frequently disowne the same Be it      #
therefore enacted by the Authority aforesaid That
every Distiller having and keeping any Private Pipe or          #
Stopcock or other Private Conveyance by which any Wash
or other Liquors fitt for Distillation may be conveyed from     #
one Back or Vessell to another or from any such
Back or other Vessell to their Still or Stills or into any      #
other Place shall before the Eight and twentieth day of
February One thousand six hundred ninety eight take up or       #
demolish every such Pipe Stopcock or other Private
Conveyance and shall alsoe stop up every Hole in every such     #
Back or Washbatch by which any Wash or other
Liquors fill for Distillation may be conveyed into or out of    #
such Back or Washbatch or any of them and that
no Distiller from and after the said Eight and twentieth Day    #
of February shall have or keepe any Private Pipe
Stopcock or other Private Conveyance by which any Wash or       #
other Liquors fitt for Distillation may be conveyed
from one Back or other Vessell to another or from any such      #
Back or other Vessell to his or her Still or Stills or
into any other Place nor shall have or keepe any Hole in any    #
such Back or Washbatch by which any Wash or
any other Liquors fill for Distillation may be conveyed into    #
or out of such Back or Washbatch or any of them
on Paine to forfeite for every such Pipe Stopcock Conveyance    #
and Hole the Sum of One hundred Pounds

   And for the better discovering of all such Pipes Stopcocks   #
and other Private Conveyances aforesaid Be it further
enacted That from and After the said Eight and twentieth Day    #
of February it shall and may be lawfull to and
for the Gaugers and Officers of Excise or any of them in the    #
Day time and in the Presence of a Constable or
other lawfull for the Peace (who are hereby required to be      #
aiding and assisting therein) on Request first
made and Cause declared to breake up the Ground in any          #
Distilling House or the Ground near adjoyning or any
Wall Partition or other Place to search for any such Pipe       #
Stopcock or any other private Conveyance and upon
finding such Pipe or other Conveyance to breake up the Ground   #
House Wall or other Partition or Place through
or into which any such Pipe or other Conveyance shall lead and  #
to breake up or cutt any such Pipe or other
Conveyance and to turne any Cock or Cocks to try and examine    #
whether such Pipe or other Conveyance may or
can convey any Wash or other Liquors fitt for Distillation out  #
of one Back or Vessell into another or from any
such Back or Vessell into any Still or Stills or into any       #
other Place.

   Provided alwaies That in case upon such Search no such Pipe  #
or other Private Conveyance shall be found
such Gaugers and Officers of Excise shall make good the Ground  #
Wall House or other Place soe broken up as
aforesaid or make reasonable Satisfaction to the Owner or       #
Owners thereof to be adjudged by Two of the next
Justices of the Peace whereof one to be of the Quorum or the    #
Party injured shall be at liberty to bring his
Action for the Damages by him sustained and what shall be       #
adjudged by the said Justices or recovered upon such
Action shall be paid out of His Majesties Revenue of Excise by  #
the Commissioners thereof for the time being
and if any Distiller or any other Person or Persons whatsoever  #
shall oppose obstruct or hinder any such Gauger
or Officer in the due Execution of the Powers hereby given and  #
granted every such Distiller and other Person
shall forfeite and loose for every such Offence the Sum of One  #
hundred Pounds

   Provided neverthelesse and it is hereby declared That it     #
shall and may be lawfull to and for any Distiller to
keepe and make use of any Pipe Stopcock or other Conveyance     #
above Ground which are Publick and in open
<P VIII,458>
View from one End thereof to the other for the letting his      #
Wash out of his Publick Coolers into his Publick
Backs or Washbatches and for conveying his Wash or Worts out    #
of such Publick Back or Washbatch into his
Publick Stills Any thing in this Act or any other Law or        #
Statute to the contrary in any wise notwithstanding

   And be it further enacted by the Authority aforesaid That    #
in case the Gaugers or Officers of Excise or any
of them shall know or have cause to suspect any such Private    #
or concealed Still Back or other Vessell Spiritts
Low Wines Wash or other Materialls preparing for Distillation   #
to be sett up or kept in any House or Place and
shall make Affidavit before one or more Justice or Justices of  #
the Peace for the County or Place where he shall
soe know or suspect such Private or concealed Still Back or     #
other Vessell Spiritts Low Wines or Materialls preparing
for Distillation are or shall be soe sett up or kept and shall  #
in such Affidavit declare the Grounds of such his
Knowledge or Suspition then and in such case it shall and may   #
be lawfull for such Officer or Officers in the
Day time and in the Presence of a Constable or other lawfull    #
Officer of the Peace (who are hereby required to
be aiding and assisting therein) by Warrant from such Justice   #
or Justices of the Peace before whom such Affidavit
shall be made to be directed to such Officer or Officers of     #
Excise (which Warrant the said Justice or Justices of
the Peace are hereby authorized and required to grant) to       #
breake open the Door or any Part of such House or
Place where he or they shall soe know or suspect such Private   #
or concealed Still Back or Vessell Spiritts Low
Wines or Materialls for Distillation are soe sett up or kept    #
and to enter into such House or Place and to seize
all such Stills Backs or other Vessells and also all such       #
Spiritts Low Wines Wash or other Materialls for
Distillation that shall be found therein and to detaine and     #
keepe the same in such House or other Place where
he or they shall find the same soe kept private or concealed    #
and in case the same shall not within Twenty Daies
next after such Seizure be claimed by the true and lawfull      #
Owner thereof then the said Stills Backs and other
Vessells Spiritts Low Wines and Materialls for Distillation     #
shall be absolutely forfeited and shall and may be sold
at the next generall Day of Sale to be appointed by the         #
Commissioners of Excise or their Officer or Officers
respectively after the said Twenty Daies are expired one        #
Moiety of the Proceed thereof (all necessary Charges being
first deducted out of the whole) to be paid to the Use of His   #
Majesty His Heires and Successors and the other
Moiety to the Party or Parties who shall soe discover and       #
seize the same and in case such Stills Backs and other
Vessells Spiritts Low Wines and Materialls for Distillations    #
shall within the said Twenty Daies be claimed by any
Person or Persons whatsoever the Person or Persons soe          #
claiming the same shall forfeite and loose for every such
Warehouse Storehouse or other Place in which any such Still     #
Back or other Vessell shall be found and alsoe for
every such Still Back and other Vessell found therein the Sum   #
of Two hundred Pounds

   Provided alwaies That in case upon such breaking open any    #
such Door or House no such Private or concealed
Back Still or other Vessell Spiritts Low Wines Wash or other    #
Materialls or Distillation shall be found such
Gauger and Officers of Excise shall make good the House or      #
Place soe broken up as aforesaid or make reasonable
Satisfaction to the Owner or Owners thereof to be adjudged by   #
Two of the next Justices of the Peace whereof
one to be of the Quorum or the Party injured shall be at        #
liberty to bring his Action for the Damages by him
sustained and what shall be adjudged by the said Justices or    #
recovered upon such Action shall be paid out of
His Majesties revenue of Excise by the Commissioners thereof    #
for the time being and if any Distiller or any
other Person or Persons whatsoever shall oppose obstruct or     #
hinder any such Gauger or Officer soe authorized as
aforesaid in the due execution of the Powers hereby given and   #
granted every such Distiller or other Person shall
forfeite and loose the Sum of Two hundred Pounds all which      #
said Penalties shall be recovered and levied by
the same Meanes and Methods as any Fine or Penalty imposed by   #
any Law of Excise now in force is recoverable
One Moiety of which said Forfeitures shall be to His Majesty    #
His Heires and Successors and the other Moiety
to him or them that will discover informe or sue for the same   #
as aforesaid

   And whereas many Distillers on pretence of rectifying of     #
Spiritts doe mix Spiritts with Wash and other Liquors
and afterwards distill the same whereby His Majesties Duties    #
on Low Wines are avoided and not duely answered
and paid as by the former Acts is directed and appointed for    #
Prevention whereof be it enacted and declared by
the Authority aforesaid That all Spiritts made or drawne by     #
any Distiller from any Mixture of Spiritts with any
kind of Wash or other Liquor (except common Water) shall be     #
deemed and taken to be Low Wines and shall 
be chargeable with the Duties already sett and imposed on Low   #
Wines drawne from Forreigne Materialls.

   Provided alwaies and be it enacted by the Authority          #
aforesaid That in such House and Houses and other
Edifices which were used as publick or open Distilleries for    #
the drawing or distilling of Spiritts or Low Wines
from Wort or Drink brewed from malted Corne during the Yeare    #
ended on the Thirtieth Day of September One
thousand six hundred ninety and eight or during any part        #
thereof (and in no other House or Place whatsoever)
it shall and may be lawfull to and for the Owners and           #
Occupiers of the said Houses and Distilleries respectively
at any time or times betweene the last Day of January One       #
thousand six hundred ninety and eight and the First
Day of February One thousand six hundred ninety and nine to     #
draw distill and make or cause to be drawne
distilled and made any Spiritts or Low Wines from Drink or      #
Wort brewed from malted Corne soe as the whole
Quantity of Low Wines or Spiritts of the first Extraction       #
which betweene the said last Day of January One thousand
six hundred ninety and eight and the said First Day of          #
February One thousand six hundred ninety and nine shall
be drawne distilled or made in every such Distillery            #
respectively from any Malt Corne or Graine or from the
<P VIII,459>
Produce thereof doe not in the whole exceede halfe the          #
Quantity of Low Wines or Spiritts of the first Extraction
which in the Yeare already ended as aforesaid were drawne       #
distilled or made within the same House or Distillery
respectively from Drink or Wort brewed with malted Corne and    #
soe as the Quantity of Low Wines or Spiritts of
the first Extraction which in the First Second Third and every  #
other Kalendary Month of the Yeare reckoned from
the said last Day of January One thousand six hundred ninety    #
an eight shall be drawne distilled or made in
every such Distillery respectively from Malt Corne or Graine    #
or from the Produce thereof doe not exceed halfe the
Quantity of Low Wines or Spiritts of the first Extraction       #
which in the like First Second Third and every other
Calendary Month of the Yeare ended as aforesaid were drawne     #
distilled or made within the same House or Distillery
respectively from Drink or Wort brewed with Malted Corne And    #
in Case any Doubt or Controversy shall arise
concerning the Quantity of Spiritts or Low Wines which were     #
drawne or distilled in any House or Distillery within
or during the said Yeare ended on the said Thirtieth Day of     #
September One thousand six hundred ninety and eight
or any Month of the same from Drink or Worts brewed from        #
malted Corne or concerning the exceeding of halfe
the Quantity or Proportion in the Yeare to be reckoned from     #
the said last Day of January One thousand six
hundred ninety and eight or in any Month thereof then the same  #
shall be determined by the Accounts or Vouchers
returned into the Head Office of the Excise containing the      #
Quantities of such Low Wines or Spiritts of the first
Extraction made in every such House or Distillery within or     #
during the Yeare already ended as aforesaid whereby
His Majesties Duties were charged or chargeable or by the       #
Entries of the same to which all Persons concerned
(upon reasonable Request) shall have free accesse without Fee   #
or Charge Any thing herein contained to the contrary
notwithstanding 

   And be it enacted by the Authority aforesaid That the        #
Commissioners of the Excise or any Three or more of
them upon Request to them made shall make forth and deliver in  #
Writing under their Hands gratis to the Owners
or Occupiers aforesaid or such as they shall appoint a true     #
Account of the Quantities of Low Wines or Spiritts
of the first Extraction charged in the said Vouchers as were    #
made in every respective Distillery in each respective
Month of the Yeare ended at the Thirtieth Day of September One  #
thousand six hundred ninety and eight as
aforesaid from Drink or Worts brewed with malted Corne

   And be it further enacted by the Authority aforesaid That    #
no Person or Persons whatsoever from and after the
last Day of February in the Yeare of our Lord One thousand six  #
hundred ninety and eight and before the
First Day of February which shall be in the Yeare of our Lord   #
One thousand six hundred ninety and nine shall 
directly or indirectly export transport carry out convey or     #
cause or procure to be exported or transported carried or
conveyed out of or from the said Kingdome of England Dominion   #
or Wales or Towne of Berwick upon Tweed
or any of them or load or lay on board or cause or procure to   #
be loaden or laid on board in any Ship Vessell
or Boat in order to be exported or carried out of the Kingdom   #
Dominion or Towne aforesaid for any Forreigne
Parts any Beere Ale or any Wash or Worts drawne from Corne or   #
any Ale or Beere from which Spiritts may
be extracted under the Pains and Forfeitures herein after       #
mentioned that is to say For every Barrell of Beere
Ale Wash or Worts soe exported the Sum of Five Pounds and soe   #
in proportion for any greater or lesser Quantity
One Moiety thereof to His Majesty and the other Moiety to the   #
Informer to be recovered as other Penalties by this
Act are directed to be recovered

   Provided alwaies That this Act or any thing therein          #
contained shall not extend to prohibite the Exportation
or carrying out of such Beere or Ale as shall be necessary to   #
be carried in any Ship or other Vessell or Vessells
from this Kingdom or the Dominion aforesaid or in their         #
Returne to the same only for the Sustenance or Drink
of the Commanders Masters Marriners Passengers or others in     #
the same Ships and not to be sold in Forreigne
Parts or for the Supply of any of His Majesties Ships in        #
Forreigne Parts Any thing in this Act to the contrary
notwithstanding

   Provided alsoe That nothing in this Act contained shall      #
extend to any Beere or Ale which shall be exported
or shipt to be exported out or from any of the Ports of this    #
Kingdom or Dominion of Wales unto such of His
Majesties Colonies in America Persia or the East-Indies that    #
have been usually supplyed with such Liquors from
this Kingdom or from the Dominion of Wales aforesaid or for     #
the Sustentation of the said Islands and Colonies
Forts Castles and Factories therein only soe as the Exporters   #
before the shipping or laying on board the same for
the Islands or Colonies for which the said Liquor is designed   #
doe give sufficient Security in Treble the Value to
the Commissioners or Officers of His Majesties Customs          #
respectively who have hereby Power to take such Security
in His Majesties Name and to His Majesties Use that such        #
Liquors shall not be landed in any Parts whatsoever
other than the Islands and Colonies for which the same shall    #
be soe declared for takeing which Security no
Fee or Reward shall be demanded or received And the said Bond   #
or Bonds or other Securities if not prosecuted
within Three Years shall be void
  
   Provided alwaies That nothing in this Act contained shall    #
extend to prevent or hinder Charles Bennett Distiller
from drawing or distilling Spiritts or Low Wines from Worts or  #
Drink brewed from malted Corne from the last
Day of January One thousand six hundred ninety eight to the     #
First Day of February One thousand six hundred
<P VIII,460>
ninety nine alwaies soe as the whole Quantity of Low Wines or   #
Spiritts of the first Extraction which betweene the
said last Day of January One thousand six hundred ninety eight  #
and the said First Day of February One thousand
six hundred ninety nine shall be drawne distilled or made in    #
his now Distillary from any Malt Corne or Graine
or from the Produce thereof doe not in the whole exceed halfe   #
the Quantity of Low Wines or Spiritts of the
first Extraction by him drawne and extracted in the Yeare       #
already ended on the Thirtieth of September One thousand
six hundred ninety eight and soe as the said Charles Bennett    #
doth observe and performe in all things else as all
other Distillers are by this Act obliged to observe and         #
performe.

<S SAMPLE 5>
<P VIII,586>

[}CHAPTER IV.}]

[}AN ACT FOR THE FURTHER PREVENTING THE GROWTH OF POPERY.}]

   Whereas there has beene of late a much greater Resort into   #
this Kingdom than formerly of Popish
Bishops Priests and Jesuits and they doe very openly and in     #
insolent Manner affront the Laws and daily
endeavour to pervert His Majesties naturall borne Subjects      #
which has beene occasioned by Neglect of the due
Execution of the Laws already in Force For preventing the       #
further Growth of Popery and of such treasonable
and execrable Designes and Conspiracies against His Majesties   #
Person and Government and the Established Religion
as have lately as well as frequently heretofore been brought    #
to Light and happily defeated by the wonderfull
Providence of God 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 of the same
That from and after the Five and twentieth Day of March One     #
thousand and seaven hundred all and every
Person and Persons who shall apprehend and take one or more     #
Popish Bishop Priest or Jesuite and prosecute him
or them soe apprehended and taken untill he or they be          #
convicted of saying Mass or of exerciseing any other
Part of the Office or Function of a Popish Bishop or Priest     #
within these Realmes shall have and receive from the
Sheriffe or Sheriffs of the County where such Conviction shall  #
be made (without paying any Fee for the same) for
every such Offender soe convicted the Summe of One hundred      #
Pounds within Four Months after such Conviction
and Demand thereof made by tendring a Certificate to the said   #
Sheriffe or Sheriffs under the Hand or Hands of
the Judge or Justices before whom such Conviction shall be      #
made certifying the Conviction of such Popish Bishop
Priest or Jesuit and also that such Popish Bishop Priest or     #
Jesuit Popish Bishops Priests or Jesuits was or were
taken by the Person or Persons claimeing the said Reward And    #
in case any Dispute shall happen to arise betweene
the Persons soe apprehending any Popish Bishop Priest or        #
Jesuit touching their Right and Title to the said Reward
that then the said Judge or Justices soe respectively           #
certifying as aforesaid shall in and by their said Certificate
direct and appoint the said Reward to be paid unto and amongst  #
the Parties claimeing the same in such Share
and Proportion as to the said Judge or Justices shall seeme     #
just and reasonable And if it shall happen any
such Sheriffe or Sheriffs shall dye or be removed before the    #
Expiration of Four Months after such Conviction and
Demand made of the said Reward (not being paid as aforesaid)    #
that then the next succeeding Sheriffe or Sheriffs
of the said County shall pay the same within Two Months after   #
Demand and Certificate brought as aforesaid And
if Default of Payment of the said Summe or Summs of Money       #
shall happen to be made by any Sheriffe of Sheriffs
such Sheriffe or Sheriffs soe makeing Default shall forfeite    #
to the Person or Persons to whom such Money is due
as aforesaid Two hundred Pounds to be recovered by him or them  #
or his or their Executors or Administrators
in any of His Majesties Courts of Record at Westminster by      #
Action of Debt Bill Plaint or Information wherein but
One Imparlance and no Essoigne Protection or Wager of Law       #
shall be allowed with full Costs of Suite by him or
them expended in the Recovery of the same

   And it is hereby further enacted That all Sheriffs their     #
Successors Executors or Administrators upon produceing
such respective Certificates or a Duplicate or Duplicates       #
thereof shall have the Moneys contained in such Certificate
paid to them by the Lord Treasurer or Commissioners of His      #
Majesties Treasury for the time being out of the
Revenue of the Crowne.

   And for a further Remedy against the Growth of Popery over   #
and beyond the good Laws already made Be it
further enacted by the Authority aforesaid That if any Popish   #
Bishop Priest or Jesuit whatsoever shall say Masse
or Exercise any other Part of the Office or Function of a       #
Popish Bishop or Priest within these Realmes or the
Dominions thereunto belonging or if any Papist or Person        #
makeing Profession of the Popish Religion shall keepe
Schoole or take upon themselves the Education or Government or  #
Boarding of Youth in any Place within this
Realme or the Dominions thereto belonging and such Person or    #
Persons being thereof lawfully convicted that
then every such Person shall on such Conviction be adjudged to  #
perpetuall Imprisonment in such Place or Places
within this Kingdome as the King by Advice of His Privy         #
Councill shall appoint
<P VIII,587>

   And be it alsoe further enacted by the Authority aforesaid   #
That from and after the Nine and twentieth Day of
September which shall be in the Yeare of our Lord One thousand  #
seaven hundred if any Person educated in the
Popish Religion or professing the same shall not within Six     #
Months after he or she shall attaine the Age of
Eighteene Yeares take the Oaths of Allegiance and Supremacy     #
and alsoe subscribe the Declaration sett downe and
exprest in an Act of Parliament made in the Thirtieth Yeare of  #
the Reigne of the late King Charles the Second
intituled An Act for the more effectuall preserveing the Kings  #
Person and Government by disabling Papists from
sitting in either House of Parliament to be by him or her made  #
repeated and subscribed in the Courts of Chancery
of Kings Bench or Quarter Sessions of the County where such     #
Person shall reside every such Person shall in respect
of him or herselfe only and not to or in respect of any of his  #
or her Heires or Posterity be disabled and made
incapable to inherit or take by Discent Devise or Limittation   #
in Possession Reversion or Remainder any Lands
Tenements or Hereditaments within this Kingdome of England      #
Dominion of Wales or Towne of Berwick upon
Tweed And that during the Life of such Person or untill he or   #
she doe take the said Oaths and make repeate
and subscribe the said Declaration in Manner as aforesaid the   #
next of his or her Kindred which shall be a Protestant
shall have and enjoy the said Lands Tenements and               #
Hereditaments without being accountable for the Profitts by
him or her received during such Enjoyment thereof as aforesaid  #
but in case of any wilfull Wast committed on the
said Lands Tenements or Hereditaments by the Person soe         #
haveing or enjoying the same or any other by his or
her Lycence or Authority the Party disabled his or her          #
Executors and Administrators shall and may recover Treble
Damages for the same against the Person committing such Wast    #
his or her Executors or Administrators by Action
of Debt in any of His Majesties Courts of Record at             #
Westminster And that from and after the Tenth Day of
Aprill which shall be in the Yeare of our Lord One thousand     #
seaven hundred every Papist or Person makeing
Profession of the Popish Religion shall be disabled and is      #
hereby made incapable to purchase either in his or her
owne Name or in the Name of any other Person or Persons to his  #
or her Use or in Trust for him or her
any Mannors Lands Profitts out of Lands Tenements Rents Termes  #
or Hereditaments within the Kingdome of
England Dominion of Wales and Towne of Berwick upon Tweed And   #
that all and singuler Estates Termes and
any other Interests of Profitts whatsoever out of Lands from    #
and after the said Tenth Day of Aprill to be made
suffered or done to or for the Use or Behoofe of any such       #
Person or Persons or upon any Trust or Confidence
mediately or immediately to or for the Benefitt or Releife of   #
any such Person or Persons shall be utterly void
and of none Effect to all Intents Constructions and Purposes    #
whatsoever

   Provided alwaies That nothing in this Act contained shall    #
be construed to extend to any Popish Priest for
saying Masse or officiating as a Priest within the Dwelling     #
House of any Forreigne Minister resideing here soe as
such Priest be not one of His Majesties naturall borne          #
Subjects not naturalized within any of His Kingdoms or
Dominions and soe as the Name of such Priest and the Place of   #
his Birth and the Forreigne Minister to whom
he shall belong be entred and registred in the Office of the    #
Principall Secratary of State

   And whereas by an Act made in the Third Yeare of King James  #
the First intituled And Act to prevent and
avoid Dangers which may grow by Popish Recusants whosoever      #
shall be convicted of sending or causing to be
sent any Child or any other Person under their Government into  #
Parts beyond the Seas out of the Kings Obedience
to the Intent that such Child or Person soe sent should be      #
educated in the Romish Religion contrary to the said
Act is to forfeite One hundred Pounds One Halfe to the Kings    #
Majesty and the other Halfe to him that shall sue
for the same For the greater Incouragement and Reward of those  #
who shall discover such Offenders Be it enacted
by the Authority aforesaid That the said Summe of One hundred   #
Pounds shall be to the sole Use and Benefitt of
him or her who shall discover and convict any Person soe        #
offending to be recovered in such Manner as in the
said recited Act is enacted Any thing in the said Act to the    #
contrary notwithstanding

   And to the end that the Protestant Children of Popish        #
Parents may not in the Life times of such their
Parents for want of fitting Maintenance be necessitated in      #
complyance with their Parents to imbrace the Popish
Religion contrary to their owne Inclinations Be it enacted by   #
the Authority aforesaid That from and after the said
Five and twentieth Day of March One thousand seaven hundred if  #
any such Parent in order to the compelling
such his or her Protestant Child to change his or her Religion  #
shall refuse to allow such Child a fitting Maintenance
suitable to the Degree and Ability of such Parent and to the    #
Age and Education of such Child then upon
Complaint thereof made to the Lord High Chancellor of England   #
or Lord Keeper of the Great Seale or Commissioners
for the Great Seale for the Time being It shall be lawfull for  #
the said Lord Chancellor Lord Keeper or Commissioners
to make such Order therein as shall be agreeable to the Intent  #
of his Act.



