<P_VII,75>

<heading>

CHAPTER XII . (STAT-1690-E3-H,VII,75.3)

AN ACT FOR RELIEF OF POOR PRISONERS FOR DEBT OR DAMAGES .
(STAT-1690-E3-H,VII,75.4)

</heading>

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~ . (STAT-1690-E3-H,VII,75.6)

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= .
(STAT-1690-E3-H,VII,75.7)

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 .
(STAT-1690-E3-H,VII,75.8)

Soe help mee God . (STAT-1690-E3-H,VII,75.9)

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= . (STAT-1690-E3-H,VII,75.10)

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 .
(STAT-1690-E3-H,VII,75.11)

Soe help mee God . (STAT-1690-E3-H,VII,75.12)

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 . (STAT-1690-E3-H,VII,76.13)

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 <paren> which such
Justice or Justices of the Peace is and are hereby impowered to
administer </paren> to this Effect , videl~t (STAT-1690-E3-H,VII,76.14)

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 or 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 .
(STAT-1690-E3-H,VII,76.15)

Soe help mee God . (STAT-1690-E3-H,VII,76.16)

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 .
(STAT-1690-E3-H,VII,76.17)

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 . (STAT-1690-E3-H,VII,76.18)

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 .
(STAT-1690-E3-H,VII,76.19)

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 . (STAT-1690-E3-H,VII,76.20)

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 <paren> his or her Wearing
Apparel Bedding for his or her Family and Tools necessary for his or
her Trade or Occupac~on onely excepted </paren> 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 .
(STAT-1690-E3-H,VII,76.21)

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
(STAT-1690-E3-H,VII,76.22)

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 . (STAT-1690-E3-H,VII,76.23)

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 .
(STAT-1690-E3-H,VII,77.24)

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 . (STAT-1690-E3-H,VII,77.25)

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 . (STAT-1690-E3-H,VII,77.26)

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~ .
(STAT-1690-E3-H,VII,77.27)

<P_VII,97>

<heading>

CHAPTER XX . (STAT-1690-E3-H,VII,97.30)

AN ACT FOR GRANTING TO HIS MAJESTY AN ADDITIONALL DUTY UPON ALL FRENCH
GOODS AND MERCHANDIZE . (STAT-1690-E3-H,VII,97.31)

</heading>

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
(STAT-1690-E3-H,VII,97.33)

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
(STAT-1690-E3-H,VII,97.34)

<paren> that is to say </paren> 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 (STAT-1690-E3-H,VII,97.35)

and soe proportionable for a greater or lesser Quantity .
(STAT-1690-E3-H,VII,97.36)

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
(STAT-1690-E3-H,VII,97.37)

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 (STAT-1690-E3-H,VII,97.38)

and soe proportionably for a greater or lesser Quantity .
(STAT-1690-E3-H,VII,97.39)

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
(STAT-1690-E3-H,VII,97.40)

and soe proportionably for any greater or lesser Quantity .
(STAT-1690-E3-H,VII,97.41)

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
(STAT-1690-E3-H,VII,97.42)

and soe proportionably for a greater or lesser Quantity .
(STAT-1690-E3-H,VII,97.43)

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 .
(STAT-1690-E3-H,VII,98.44)

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-12 onely-13
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
(STAT-1690-E3-H,VII,98.45)

the one Moiety thereof to His Majesty His Heires and Successors
(STAT-1690-E3-H,VII,98.46)

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 . (STAT-1690-E3-H,VII,98.47)

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 . (STAT-1690-E3-H,VII,98.48)

<P_VII,210>

<heading>

CHAPTER XVI . (STAT-1690-E3-H,VII,210.51)

AN ACT FOR ENLARGEING CO~MON HIGH-WAYS . (STAT-1690-E3-H,VII,210.52)

</heading>

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 (STAT-1690-E3-H,VII,210.54)

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
(STAT-1690-E3-H,VII,210.55)

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 (STAT-1690-E3-H,VII,210.56)

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
(STAT-1690-E3-H,VII,210.57)

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 (STAT-1690-E3-H,VII,210.58)

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 (STAT-1690-E3-H,VII,210.59)

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 <paren> the necessary Charges of making and
settling such Good~ being first deducted . </paren>
(STAT-1690-E3-H,VII,210.60)

<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 . (STAT-1690-E3-H,VII,211.62)

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 . (STAT-1690-E3-H,VII,211.63)

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 (STAT-1690-E3-H,VII,211.64)

and the Owners of such Wood or Timber shall receive the full of what
shall be made of such Wood or Timber <paren> the Charges of working the
same being first deducted . </paren> (STAT-1690-E3-H,VII,211.65)

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 (STAT-1690-E3-H,VII,211.66)

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
<paren> if any such be </paren> to the said Appellant~ .
(STAT-1690-E3-H,VII,211.67)

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
(STAT-1690-E3-H,VII,211.68)

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 . (STAT-1690-E3-H,VII,211.69)

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~ (STAT-1690-E3-H,VII,211.70)

And in case any Surveyor or Surveyors shall $by {HELSINKI: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 <paren>
if any be </paren> 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
. (STAT-1690-E3-H,VII,211.71)

<P_VII,454>

<heading>

CHAPTER III . (STAT-1690-E3-H,VII,454.74)

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 . (STAT-1690-E3-H,VII,454.75)

</heading>

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 <paren> other than such as are especially allowed to be
shipped or carried out by this Act </paren> under the Pains and
Forfeitures hereinafter mentioned <paren> that is to say </paren> 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
(STAT-1690-E3-H,VII,454.77)

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
(STAT-1690-E3-H,VII,454.78)

and the other Moiety to <P_VII,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
(STAT-1690-E3-H,VII,455.79)

and in such Suite no Essoigne Protection or Wager of Law shall be
allowed (STAT-1690-E3-H,VII,455.80)

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 (STAT-1690-E3-H,VII,455.81)

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 <paren> in case of Recovery </paren> to be divided according to
this Act . (STAT-1690-E3-H,VII,455.82)

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 (STAT-1690-E3-H,VII,455.83)

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 <paren> who have
hereby Power to take such Security in His Majesties Name and to His
Majesties Use </paren> 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
(STAT-1690-E3-H,VII,455.84)

And the said Bond or Bonds if not prosecuted within Three Yeares shall
be void (STAT-1690-E3-H,VII,455.85)

Provided alsoe That this Act or any thing therein contained shall not
extend to any 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 <paren> 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 </paren> 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 (STAT-1690-E3-H,VII,455.86)

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 <paren> that is to say </paren> 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
(STAT-1690-E3-H,VII,455.87)

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 (STAT-1690-E3-H,VII,455.88)

<P_VII,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
(STAT-1690-E3-H,VII,456.90)

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 <paren> in
His Royall Discretion </paren> 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 <paren> but not any
particular Persons </paren> 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-7 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 $of {HELSINKI:or} Parliament
contained to the contrary notwithstanding . (STAT-1690-E3-H,VII,456.91)

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 .
(STAT-1690-E3-H,VII,456.92)

<heading>

CHAPTER IV . (STAT-1690-E3-H,VII,456.94)

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 . (STAT-1690-E3-H,VII,456.95)

</heading>

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 $any
{TEXT: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 (STAT-1690-E3-H,VII,456.97)

<paren> that is to say </paren> 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 (STAT-1690-E3-H,VII,456.98)

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_VII,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
(STAT-1690-E3-H,VII,457.99)

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 . (STAT-1690-E3-H,VII,457.100)

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
(STAT-1690-E3-H,VII,457.101)

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 $can $not {TEXT: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 can not {TEXT: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 $fit {HELSINKI: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 $fit {HELSINKI: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
(STAT-1690-E3-H,VII,457.102)

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
$officer {HELSINKI:'officer'_is_missing} for the Peace <paren> who are
hereby required to be aiding and assisting therein </paren> on Request
first made and Cause declared to breake up the Ground in any Distilling
House or the Ground near $or $adjoyning {TEXT: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 .
(STAT-1690-E3-H,VII,457.103)

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 (STAT-1690-E3-H,VII,457.104)

or the Party injured shall be at liberty to bring his Action for the
Damages by him sustained (STAT-1690-E3-H,VII,457.105)

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 (STAT-1690-E3-H,VII,457.106)

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 (STAT-1690-E3-H,VII,457.107)

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_VII,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
(STAT-1690-E3-H,VII,458.108)

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 <paren> who are hereby required to be
aiding and assisting therein </paren> 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 <paren> which Warrant
the said Justice or Justices of the Peace are hereby authorized and
required to grant </paren> 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 (STAT-1690-E3-H,VII,458.109)

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 (STAT-1690-E3-H,VII,458.110)

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
(STAT-1690-E3-H,VII,458.111)

one Moiety of the Proceed thereof <paren> all necessary Charges being
first deducted out of the whole </paren> 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
(STAT-1690-E3-H,VII,458.112)

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
(STAT-1690-E3-H,VII,458.113)

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 (STAT-1690-E3-H,VII,458.114)

or the Party injured shall be at liberty to bring his Action for the
Damages by him sustained (STAT-1690-E3-H,VII,458.115)

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 (STAT-1690-E3-H,VII,458.116)

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 (STAT-1690-E3-H,VII,458.117)

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 <paren>
except common Water </paren> 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 . (STAT-1690-E3-H,VII,458.118)

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 <paren> and in no other House or
Place whatsoever </paren> 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_VII,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 $and
{HELSINKI: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 (STAT-1690-E3-H,VII,459.119)

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 <paren> upon reasonable Request </paren>
shall have free accesse without Fee or Charge Any thing herein
contained to the contrary notwithstanding (STAT-1690-E3-H,VII,459.120)

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
(STAT-1690-E3-H,VII,459.121)

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 $of {HELSINKI: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 (STAT-1690-E3-H,VII,459.122)

that is to say For every Barrell of Beere Ale Wash or Worts soe
exported the Sum of Five Pounds (STAT-1690-E3-H,VII,459.123)

and soe in proportion for any greater or lesser Quantity
(STAT-1690-E3-H,VII,459.124)

One Moiety thereof to His Majesty (STAT-1690-E3-H,VII,459.125)

and the other Moiety to the Informer to be recovered as other Penalties
by this Act are directed to be recovered (STAT-1690-E3-H,VII,459.126)

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 (STAT-1690-E3-H,VII,459.127)

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 $of
{TEXT:'of'_missing} 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 (STAT-1690-E3-H,VII,459.128)

And the said Bond or Bonds or other Securities if not prosecuted within
Three Years shall be void (STAT-1690-E3-H,VII,459.129)

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_VII,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 . (STAT-1690-E3-H,VII,460.130)

<P_VII,586>

<heading>

CHAPTER IV . (STAT-1690-E3-H,VII,586.133)

AN ACT FOR THE FURTHER PREVENTING THE GROWTH OF POPERY .
(STAT-1690-E3-H,VII,586.134)

</heading>

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 <paren> without paying any
Fee for the same </paren> 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
(STAT-1690-E3-H,VII,586.136)

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
(STAT-1690-E3-H,VII,586.137)

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 <paren> not being paid as aforesaid
</paren> 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 (STAT-1690-E3-H,VII,586.138)

And if Default of Payment of the said Summe or Summs of Money shall
happen to be made by any Sheriffe $or {HELSINKI: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
(STAT-1690-E3-H,VII,586.139)

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 . (STAT-1690-E3-H,VII,586.140)

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
(STAT-1690-E3-H,VII,586.141)

<P_VII,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
(STAT-1690-E3-H,VII,587.143)

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 (STAT-1690-E3-H,VII,587.144)

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 (STAT-1690-E3-H,VII,587.145)

And that all and singuler Estates Termes and any other Interests $or
{HELSINKI: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
(STAT-1690-E3-H,VII,587.146)

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
(STAT-1690-E3-H,VII,587.147)

And whereas by an Act made in the Third Yeare of King James the First
intituled $An {HELSINKI: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
(STAT-1690-E3-H,VII,587.148)

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
. (STAT-1690-E3-H,VII,587.149)