Journal of the House of Lords: Volume 17, 1701-1705. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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'House of Lords Journal Volume 17: 8 January 1703', in Journal of the House of Lords: Volume 17, 1701-1705( London, 1767-1830), British History Online https://prod.british-history.ac.uk/lords-jrnl/vol17/pp205-231 [accessed 23 December 2024].
'House of Lords Journal Volume 17: 8 January 1703', in Journal of the House of Lords: Volume 17, 1701-1705( London, 1767-1830), British History Online, accessed December 23, 2024, https://prod.british-history.ac.uk/lords-jrnl/vol17/pp205-231.
"House of Lords Journal Volume 17: 8 January 1703". Journal of the House of Lords: Volume 17, 1701-1705. (London, 1767-1830), , British History Online. Web. 23 December 2024. https://prod.british-history.ac.uk/lords-jrnl/vol17/pp205-231.
In this section
DIE Veneris, 8 Januarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Hoare's Bill.
Hodie 2a lecta est Billa, intituled, "An Act to enable the Executrix of James Hoare Esquire, deceased, to pay a Sum of Money, in Discharge of a Trust in her reposed by his Will."
ORDERED, That the Consideration of the said Bill be committed to the Lords following; (videlicet,)
Their Lordships, or any Five of them; to meet on Saturday the Three and Twentieth Day of this Instant January, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Sir Thomas Brograve's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to vest divers Lands and Tenements of Sir Thomas Brograve Baronet, in the County of Hertford, in Trustees, to be sold; and to settle other Lands and Tenements in Lieu thereof."
ORDERED, That the Consideration of the said Bill be referred to the same Committee to whom the Bill, intituled, "An Act to enable the Executrix of James Hoare Esquire, deceased, to pay a Sum of Money, in Discharge of a Trust in her reposed by his Will," is committed; whose Lordships are to meet at the same Time and Place.
Castelman's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for making Provision for the Younger Children of Jonathan Castelman, of Coubertley, in the County of Gloucester, Esquire; and for supplying an Omission in his Father's Will, of a Power for making Leases."
ORDERED, That the Consideration of the said Bill be referred to the same Committee to whom the Bill, intituled, "An Act to enable the Executrix of James Hoare Esquire, deceased, to pay a Sum of Money, in Discharge of a Trust in her reposed by his Will," is committed; who are to meet on Friday the Two and Twentieth Day of this Instant January, at the Time and Place aforesaid.
Vesey's Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act for Sale of divers Lands in the County of Kildare and Kingdom of Ireland (being the Estate of Agmondisham Vesey Esquire, and his Two Daughters Anne Vesey and Henrietta Vesey), for the paying Debts and clearing Incumbrances charged thereon; and also for empowering the said Agmondisham Vesey to make Leases for any Term not exceeding One and Twenty Years."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Message to H. C. with it.
A Message was sent to the House of Commons, by Sir Robert Legard and Doctor Edisbury:
To carry down the said Bill, and desire their Concurrence thereunto.
Loane's Bill:
Hodie 3a lecta est Billa, intituled, "An Act for the better Execution of the Will of John Loane Esquire, deceased; and for Sale of Part of his Estate, to pay his Debts and Legacies, for preserving the Residue thereof."
The Alteration of a Word in the Third Press was proposed; (videlicet,) instead of ["Ragged Staff"], read ["Key]."
Which was agreed to by the House.
Then, the Question was put, "Whether this Bill, with the Amendment, shall pass?"
It was Resolved in the Affirmative.
Message to H. C. with it.
A Message was sent to the House of Commons, by Sir Robert Legard and Doctor Edisbury:
To carry down the said Bill, and desire their Concurrence thereunto.
Warburton versus Warburton.
The House being moved, "That a Day may be appointed, for hearing of the Cause wherein Peter Warburton is Appellant, and Alice and Hester Warburton are Respondents; as also the Cross Appeal of Alice and Hester Warburton; and the Answer of Peter Warburton put in thereunto:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Causes, by Counsel, at the Bar, on Monday the Five and Twentieth Day of this Instant January, at Eleven a Clock in the Forenoon.
E. of Huntingdon versus Countess of Huntingdon.
Whereas this Day was appointed, for hearing of the Cause wherein George Earl of Huntingdon is Appellant, and Frances Countess Dowager of Huntingdon and others are Respondents:
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel, at the Bar, on Tuesday the Twelfth Day of this Instant January, at Eleven a Clock in the Forenoon.
Message from H. C. with a Bill.
A Message from the House of Commons, by Sir Henry Pickering and others:
Who brought up a Bill, intituled, "An Act for making the River Cham, alias Grant, in the County of Cambridge, more navigable, from Clay Hithe Ferry to The Queen's Mill, in the University and Town of Cambridge;" to which they desire the Concurrence of this House.
Powell versus Pleydell.
Whereas this Day was appointed, for hearing of the Cause wherein David Powel and Elizabeth his Wife are Appellants, and William Pleydel and Robert Cowper are Respondents:
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel, at the Bar, on Friday the Fifteenth Day of this Instant January, at Eleven a Clock.
Haberdashers Company versus Attorney General.
Whereas Monday next was appointed, for hearing of the Cause wherein the Master and Wardens of the Haberdashers Company are Appellants, and Her Majesty's Attorney General and the Inhabitants of the Parish of Newland, in the County of Gloucester, and the Poor thereof, are Respondents:
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel, at the Bar, on Monday the Eighteenth Day of this Instant January, at Eleven a Clock.
Hitherto examined, this 9th Day of March, 1703;, by us,
Stamford.
Jo. Chichester.
Jo. Bangor.
Herbert.
Halifax.
Bills containing Penalties, Precedents of their Beginning in this House; or altered here, when brought from H. C.
The Lord Steward reported from the Lords Committees (appointed to inspect the Records for Precedents where Bills with Penalties have begun in the House of Peers; as also where Penalties in Bills begun in the House of Commons, which Penalties have been altered in the House of Peers;) the several Precedents found by them.
Which were read by the Clerk, and are as follow:
"The Committee, appointed to inspect the Records for Precedents where Bills with Penalties have begun in the House of Peers, as also where Penalties in Bills begun in the House of Commons have been altered in the House of Peers, have begun their Search as high as the 12th Year of King Henry the Seventh (there being no Records before that Time remaining in the Parliament Office). They find many Acts with Penalties begun in the House of Lords; and also many Acts for the reviving and repealing of Acts with Penalties begun there: They find many Instances of Acts with Penalties, begun in the House of Commons, where the Lords have increased, lessened, and altered the Penalties, and have distributed them otherwise than was done by the House of Commons.
"The Particulars follow:
"It is to be observed, that all the Acts which are mentioned in the Report did begin in the House of Lords, unless such as are particularly expressed to have been begun by the House of Commons.
"12 H. VII. C. 5. N. 5. An Act for Weights and Measures.
"It is thereby enacted, That the Weights and Measures formerly sent to the several Boroughs should be no more used, but returned to the Exchequer, upon the Penalty of £. 10.
"And the Act made 11° H. VII, as to the Penalties for not using the Measures appointed by that Act, is ordained to be in Force as to the Measures in this Act; and all the old Measures to be damned and broken before Christmas, on Pain of £. 20. to be levied on every City and Borough.
"19 H. VII. C. 4. Act against shooting in Cross Bows.
"If a Person not qualified according to the Act shall use a Cross Bow, he shall forfeit the same, with the Apparel thereto belonging; and being thereof convicted, shall forfeit 40 s. for every Day.
"If Persons qualified suffer their Servants to shoot, they are to lose the Liberty of using a Cross Bow; and if they do not forthwith discharge such Servants, to forfeit £. 10. for every Time they shoot.
"C. 7. For making of Statutes by Bodies Incorporate.
"Masters, Wardens, &c. taking upon them to make or execute Acts or Ordinances, not examined and approved by the Chancellor, shall forfeit £. 40. for every Time.
"The same Penalty for taking upon them to make Acts or Ordinances to restrain Persons to sue to the King or His Courts for Remedy.
"C. 8. Act concerning Scavage.
"Forfeiture of £. 20. for every Time that any taketh any Custom called Scavage of any of the King's Subjects.
"C. 12. Act against Vagabonds.
"If any Person give Meat or Drink to Misdoers in the Stocks, he shall forfeit 12 d. for every Time.
"The like Penalty, to one who harbours a Beggar in his House above a Night.
"Sheriff, or Officer, neglecting his Duty, to forfeit 3 s. 4 d.
"Householder, suffering unlawful Gaming in his House, to forfeit a Sum not under 6 s. 8 d.
"C. 13. Act against Riots.
"Penalty of £. 20. upon every Justice, or Sheriff, not doing his Duty according to the Act.
"The like Penalty, if they do not certify Maintainers, or Embracers, by Means whereof the Riot is not found by the Jury.
"The like Penalty on every Person who is found to be a Maintainer or Embracer.
"1 H. VII. C. 7. For Coroners.
"Penalty of 40 s. upon every Coroner resusing to inquire, on the View of any Person slain, or dead by Misadventure, or taking any Fee for so doing.
"C. 14. An Act concerning Reformation of Apparel used within this Realm.
"Person using Cloth of Gold, or Silk of Purple Colour, except the King, &c. forfeits £. 20.
"Person under the State of a Duke, using Cloth of Gold, or Tissue, forfeits the Apparel and 20 Marks.
"Person under the Degree of an Earl, wearing Sables, forfeits the Apparel, &c.
"3 H. VII. C. 1. N. 1. An Act, that no Money, Coin, Money, Plate, or Jewels, be carried out of the Realm.
"Person offending shall forfeit the Double Value of such Money, &c.; One Moiety to the King, the other Moiety to the Person who shall seize, &c.
"C. 5. Act for Payment of Wages to Soldiers.
"Captain, not having his whole Number of Soldiers, shall forfeit all his Goods and Chattels.
"The like Forfeiture, if he detains the Soldiers Wages above Six Days after he has received the Money.
"Soldiers departing without License, guilty of Felony.
"C. 9. Act against Mummers.
"Person disguised as a Mummer, entering into any House, shall be imprisoned for Three Months, and fined at Discretion of the King's Justices.
"Person selling or keeping Vizers in his House, to forfeit 20 s. for every Vizer; and also to suffer Imprisonment, and make Fine.
"C. 11. Act for appointing of Physicians and Surgeons.
"Person taking on him to exercise as a Physician, or Surgeon, in London, &c. without being approved, &c. to forfeit £. 5. for every Month.
"The like Pain for exercising as a Physician or Surgeon elsewhere, unless approved by the Bishop of the Diocese.
"C. 13. An Act annulling shooting in Cross Bows,
"Extends the Pecuniary Penalties of the Statute 19 H. VII. to other Persons.
"4 H. VII. C. 3. The Act concerning Juries in London.
"Persons not appearing at the First Summons, to forfeit 12 d.; and to be doubled upon every other Default.
"Sheriffs not doing their Duty, to forfeit £. 10.; Half to the King, and Half to the Informer.
"5, 6 H. VII. C. 1. An Act touching Apparel to be used and worn.
"No Person to use in his Apparel Cloth of Gold, or Silk of Purple Colour, but only the King, &c. on Pain to forfeit the Apparel, and £. 20. for every Offence.
"No Man under the State of Duke to use Cloth of Gold, or Tissue, on Pain to forfeit the Apparel, and 20 Marks for every Offence.
"No Man under the Degree of an Earl to wear in his Apparel any Fur of Sables, on Pain to forfeit the Apparel, and 20 Marks for every Offence, &c.
"Many other Pecuniary Penalties.
"C. 2. Act concerning the Maintenance of Archers.
"The Act 3 H. VII, wherein are Pecuniary Penalties, &c. is made perpetual.
"C. 3. Act concerning Artificers and Labourers.
"Wages for Artificers and Servants settled.
"Persons hired, not to depart till the Work be finished, to forfeit 20 s.
"Artificers or Labourers taking greater Wages, &c. to forfeit 20 s.
"C. 7. Concerning Wages to Boatmen.
"Forfeiture of Treble the Fare for every Offence in taking greater Wages than the Act allows.
"C. 12. Act prohibiting Norfolk Wools to be exported.
"Forfeiture of 40 s. a Stone for Wool shipped, &c.; Half to the King, and Half to the Informer.
"C. 13. Act concerning the avoiding of shooting and keeping of Cross Bows and Hand Guns.
"Penalty of £. 10. if any Person, not having 300 Marks a Year, shoot in any Cross Bow or Hand Gun, or keep any Cross Bow or Hand Gun in his House, after, &c.
"C. 14. Act for the King's Subsidy of Tonnage and Poundage.
"Merchandizes to be forfeited, if landed before Agreement made with the Collector.
"Concerning Surveyors of the King's Lands.
"Offender to forfeit any Sum which shall be assessed as the Act directs, not exceeding £. 100.
"22 H. VIII. C. 1. Act concerning Maintenance of Drapery, and against regrating of Wools,
"Revives an Act 4 H. 7. whereby the Offenders are to forfeit Double the Value of the Wools:
"And makes it Forfeiture of the Value of Wools to buy any Wool for a Merchant Stranger; and also the said Act is made to extend to several Counties not comprized in the First Act.
"C. 6. An Act concerning Tanners and Butchers.
"Butchers keeping a Tan-house, shall forfeit 6 s. 8 d. a Day.
"C. 9. An Act against poisoning.
"Richard Roos is thereby attainted of High Treason, for poisoning certain Persons; and wilful Murder by poisoning is made High Treason; but the Escheat to be to the Lords of the Fee, as in other Cases of Murder.
"C. 10. Act concerning Outlandish People, calling themselves Egyptians.
"Every such Person, coming into the Realm, shall forfeit to the King all his Goods and Chattels, &c.
"23 H. VIII. C. 2. An Act for making of Gaols within the Realm.
"This Act began in the House of Commons; and gives a Power to the Justices of the Peace, &c. in several Counties therein named, to assess Money for crecting of Gaols; and if Sheriffs, or Bailiffs of Liberties, sail in their Duty, in attaching Offenders, &c. they are to forfeit £. 5. for every Offence.
"The Lords add a Clause to this Bill, That the like Provision in every Behalf be made for a new Goal, to be erected within the County of Derby, in like Form as is provided for other Shires aforesaid.
"C. 4. An Act concerning the making Barrels, Kilderkins, and other Vessels.
"This Act began in the House of Commons; but the Two last Clauses were added in the House of Lords, whereby every Cooper, that did not make his Vessel according to the Assize, is to forfeit 3 s. 4 d. a Vessel.
"And every Cooper, not marking his Vessel, is to forfeit 3 s. 4 d. for every Vessel not marked.
"C. 12. An Act for the Exaction of Tolls by Severne Side.
"Every Person interrupting such as shall pass in the usual Paths by the River Side, or shall take or demand any Tax for so doing, shall forfeit 40 s. for every Offence; the One Half to the King, the other Ualt to the Informer.
"C. 9. The Bill of Citations.
"Ordinary, &c. citing out of the Diocese, &c. shall pay to the Party grieved Double Damages and Costs; and also shall forfeit £. 10. for every Person so cited; One Half to the King, the other Half to the Informer.
"C. 18. An Act concerning pulling down Piles and Fishgarths, in the Rivers of Ouse and Humber.
"The Act empowers Persons to view the Piles, &c. and to appoint which shall be pulled up, &c.; and ordains, that the Owners of Fishgarths, &c. offending, shall forfeit £. 40.; and others fishing contrary to the Act shall forfeit £. 10.; One Half to the King, the other Half to the Mayor and Commonalty of York.
"24 H. VIII. C. 6. An Act concerning Sale of Wines.
"Forfeiture of the Value of the Wine in the Merchant who refuseth to sell.
"And of Double the Value in the Person who pretends to keep Wines only to sell by Retail, and after sells in Gross; the One Half to the King, and the other Half to the Informer.
"C. 9. An Act against killing of young Beasts, called Weanlings.
"Forfeiture of 6s. 8d. for every Offence; to be divided as in the former Act.
"C. 13. An Act for Reformation of Excess in Apparel.
"N. 1. If any Person wears any Apparel otherwise than as the Act appoints, he shall forfeit the Apparel, and 3 s. 4 d. a Day while he wears the same.
"And all former Acts relating to Apparel are repealed; which Acts were full of Penalties.
"C. 7. N. 8. An Act to continue and renew the Act against killing of Calves.
"Forfeiture of 6 s. 8 d. for every Calf killed at Times forbidden by the Act; Half of the Forfeiture to the King, the other Half to the Informer.
"25 H. VIII. C. 11. An Act to avoid destroying Wild Fowl.
"The Offender to suffer a whole Year's Imprisonment, and to forfeit 4d. for every Fowl taken contrary to the Act; Half to the King, and Half to the Informer: And to forfeit for every Egg of any Crane, &c. 20d.; of every Bittern, &c. 8d.; of every Mallard, &c. 1d.; and to suffer Imprisonment, &c.
"C. 15. N. 15. An Act concerning Printers and Binders of Books.
"Buyer of Books, brought from beyond Sea to sell again, forfeits 6 s. 8 d.
"Buyer of Books of any Stranger, to forfeit 6 s. 8 d.; Seller of Books above the Price set, to forfeit 3 s. 4 d.;
"C. 17. N. 17. An Act concerning shooting in Cross Bows and Hand Guns.
"Forfeiture for every Offence £. 10. and also the Cross Bow or Hand Gun.
"C. 1. N. 1. An Act concerning Graziers and Butchers.
"Butchers refusing to sell Victuals by Weight, to be committed till they pay the Penalties in former Acts; and Mayors, or other Officers, may proceed to sell the Victuals by Weight.
"Graziers, &c. refusing to sell Beeves, Mutton, &c. for ready Money; Justice of Peace may, by his Warrant, direct Persons to set Prices indifferently between the Parties; and if the Grazier, &c. refuse to sell accordingly, he shall be liable to be fined, and otherwise punished, at the Discretion of the Lords of the Council: Justices and Mayors, &c. failing in their Duty, to forfeit for every Default 40 s.: Upon Complaint of Scarcity, the King, by Proclamation, may set the Price of Flesh, upon Pains to be contained in the Proclamation.
"C. 6. An Act for the Punishment of the Vice of Buggery.
"It makes the Offence Felony; and the Offender to suffer and forfeit, as in Case of Felony.
"C. 10. N. 12. For Sewers.
"Person refusing to take the Oath, according to the Act, shall forfeit Five Marks for every Time.
"C. 12. Concerning the Attainder of Eliz. Barton.
"Several Persons are by the Act attainted of Treason; and to forfeit Lands, &c. from a certain Day; and others attainted of Misprision, &c.: And every Person having any Books, &c. of Elizabeth Barton, and not delivering them up, to be imprisoned and fined at Discretion.
"C. 13. N. 13. Concerning the Number of Sheep one should keep.
"Person keeping Sheep above the Number limited, to forfeit 3 s. 4 d. for every Sheep; Half to the King, and Half to the Informer, &c.
"C. 20. N. 20. Act for Non-payment of First Fruits to the Bishop of Rome.
"In Case of Refusal, to proceed to Election within Twenty Days; or in Case of Refusal to consecrate as the Act directs, or in Case of obeying any Censure, Interdiction, or Inhibition, to the contrary, the Offender shall incur a Præmunire.
"C. 22. An Act concerning the King's Succession.
"The Act makes several Offences Treason; and others Misprision of Treason.
"26 H. VIII. C. 3. N. 3. The Bill for the First Fruits, with the Yearly Pension to the King.
"Commissioners concealing Bonds shall make Fine and Ransom, at the King's Pleasure.
"Persons entering on Livings before Composition, shall forfeit Double the Value of the First Fruits.
"C. 8. N. 8. An Act for re-edifying void Grounds, in the City of Norwich.
"The Bill began in the House of Commons: But the Proviso was added by the Lords; by which, if the Owners of vacant Grounds do not repair, according to the Act, within Two Years, the Lords of the Fee shall enter, and have the Grounds to them and their Heirs, so as they repair within a Year; and in Default of the Lord, in not repairing, the Mayor, &c. may enter, and hold the same to them, their Heirs and Successors, &c.
"C. 13. N. 13. An Act, whereby Offences be made High Treason; and taking away all Sanctuary in Cases of Treason.
"Several Offences are made Treason by the Act; and the Offenders to suffer as in Cases of Treason.
"C. 14. N. 14. An Act for Nomination of Suffragans, and Consecration of them.
"A Suffragan, using Jurisdiction otherwise than by his Commission, shall incur a Præmunire.
"27 H. VIII. C. 6. N. 5. The Bill for the Increase of Horses.
"Forfeiture of 40s. per Month, in Default of keeping Mares as the Act directs.
"The like Penalty for suffering Mares to be covered with Horses, under the Measure appointed by the Statute.
"C. 11. N. 9. For Clerks of the Signet.
"Forfeiture of £. 10. Sterling, for every Bill, Warrant, &c. passed contrary to the Act; Half to the King, and Half to the Informer.
"The like Forfeiture, where Fees are not paid to the Clerks of the Signet or Privy Seal.
"The like Forfeiture, for taking greater Fees than due.
"C. 18. N. 16. An Act for Preservation of the River of Thomes.
"A Person doing any Thing to annoy the Stream of the River of Thomes, &c. shall for the Offence forfeit One Hundred Shillings; the One Moiety to the King, and the other Moiety to the Mayor and Commonalty of London.
"Person having the Ballast-office, offending contrary to the Act, shall be liable to a Fine, not less than £. 5. to the King's Use.
"N. 38. Ordinance for Calice.
"This Act begun in the House of Commons.
"The Lords add a Proviso, That if the Lessee for Years do not re-edify the Houses within Two Years after the Inquisition, and Proclamation made according to the Act, the Term to cease; and the Reversioner may enter, and shall have Two Years to re-edify.
"28 H. VIII. C. 2. N. 2. An Act touching Servants embezzling their Masters Goods.
"A former temporary Act, which made it Felony, is thereby made perpetual.
"C. 5. For Apprentices.
"N. 1. Masters and Wardens of Crafts, or others, taking Oath or Bond of Apprentices not to set up after their Time expired, &c. shall forfeit £. 40.; Half to the King, and Half to the Informer.
"C. 6. N. 6. An Act for the continuing of the Statutes for Beggars and Vagabonds, and Three other Statutes.
"The Act continues those Laws; in every One of which are Penalties.
"C. 7. N. 7. An Act for Establishment of the Imperial Crown of this Realm.
"The late Queen Anne and others attainted of Treason.
"Several Offences made Treason; and Offenders to forfeit and suffer accordingly.
"C. 10. N. 10. Act extirpating the Authority of the Bishop of Rome.
"Offenders against the Act incur a Præmunire.
"Ecclesiastical Judges, concealing any Accusation, forfeit £. 10.
"Persons refusing the Oath, guilty of Treason; and to forfeit as in Case of Treason.
"C. 13. N. 13. Bill for Non-residence of Spiritual Men on their Benefices.
"This Act begun in the House of Commons.
"The last Proviso in this Act was added by the Lords; which exempts divers Persons from the Penalty of the Law.
"C. 14. N. 14. Act for Prices of Wine.
"Every Person, selling French Wine above the Price set by the Act, shall forfeit 4d. for every Pint; 8d. for every Quart; 12d. for every Pottle; and 2 s. for every Gallon.
"Forfeiture for selling of Sweet Wines above the Price, is 3 s. 4 d. per Gallon; 20d. per Pottle; 12d. per Quart; and 6 d. per Pint.
"Person who sells Wine in Gross, contrary to the Act, shall forfeit 40 Shillings for every Vessel.
"Every Gauger, not marking his Vessel, shall forfeit Four Times the Value of the Vessel unduly gauged.
"Person selling Wine in a Vessel unduly gauged, without giving Notice, shall forfeit Double Value of the Vessel and Wine.
"C. 16. N. 16. A Provision for Dispensations and Licenses heretofore obtained from the See of Rome.
"It ordains, That no Bulls shall be used or pleaded, on Pain of Præmunire.
"N. 49. Act for Attainder of Fitzgerald, for High Treason.
"31 H. VIII. C. 14. N. 14. An Act for abolishing Diversity of Opinions in certain Articles concerning Christian Religion.
"Offenders shall be deemed Heretics; and to be burnt, and to forfeit, as in Case of Treason.
"Other Offences are made Felony; and the Offenders to forfeit, as in Cases of Felony.
"Other Offenders are made to forfeit their Goods and Chattels, and to forfeit Lands for Life.
"Other Offences, Forfeiture of Goods and Spiritual Promotions.
"32 H. VIII. C. 3. N. 3. An Act for Continuation of divers Acts:
"One of which is for the Punishment of Buggery, whereby it is made Felony.
"C. 8. N. 8. An Act against Sellers and Buyers of Pheasants and Partridges.
"Seller and Buyer, for every Pheasant, to forfeit 6 s. 8 d.; for every Partridge, 3 s. 4 d.; Half to the King, and Half to the Informer.
"C. 10. N. 10. An Act for Moderation of the Punishment of Priests, and Women offending with them,
"Repeals a former Act, which made it Felony; and enacts, That every Offender shall forfeit his Goods, Chattels, and Debts, for the First Offence, and also the Profits of all his Ecclesiastical Promotions, except One; for the Second Offence, to lose the Profits of all his Lands during Life; for the Third Offence, Forfeiture of Goods, Chattels, Debts, Profits of Lands during Life, and Imprisonment during Life.
"Like Penalties for the Woman offending.
"C. 11. N. 11. Concerning stealing of Hawks Eggs, Conies, and Deer,
"Makes several Offences Felony; and the Offenders to forfeit and suffer, as in Cases of Felony.
"C. 14. N. 14. An Act for Maintenance of the Navy of England, and for certain Rates of Freights.
"The Rates of Freight set.
"Person taking more shall forfeit Double he shall so take.
"C. 16. N. 16. Act concerning Strangers.
"Strangers, made Denizens, shall be subject to the Dangers of former Laws against Aliens.
"Aliens, dwelling in Oxford or Cambridge, having above Two Servants at One Time, liable to the Penalty in the Act 14 and 15 H. VIII; viz. £. 10.
"No Subject to retain above Four Strangers, on Forfeiture of £. 10.
"No Stranger Artificer to take Lease of a Dwellinghouse, nor no Person to lease a Dwelling-house to a Stranger, on Forfeiture of 100 Shillings.
"C. 45. N. 45. Erection of the Court of First Fruits and Tenths.
"Officer concealing Debts, &c. to forfeit Double the Value of the Thing concealed.
"Person guilty of Contempt to the said Court, to forfeit such Fine as the Court shall impose upon him.
"C. 56. Attainder of Giles Heron, for High Treason.
"C. 60. Attainder of Buttolph Davenport and others, of High Treason.
"Of Robert Bernes, Thomas Gerrard, and William Gerrard, for Heresy; and to forfeit Lands, Tenements, Goods, &c.
"Cary attainted of Felony; and to forfeit, &c.
"N. 65. Attainder of Fetherstane and others, for High Treason.
"N. 72. Attainder of W'm Bird Priest, and the Lord Hungerford, for High Treason.
"33 H. VIII. C. 5. An Act concerning the keeping of great Horses.
"Archbishop, Duke, and other Degrees of Persons, mentioned in the Act, failing to keep the Number of Stone Trotting Horses for the Saddle respectively, as the Act appoints, to forfeit £. 20. for every Three Months.
"Other Degrees of Persons to forfeit £. 10. for every Three Months wherein they fail to keep Horses according to the Act; One Moiety of the Forfeitures to the King, the other to the Informer.
"C. 12. N. 12. The Bill for the Household.
"Person striking in the King's Palace, whereby Blood shall be shed, to lose his Hand, and to pay Fine and Ransom at the King's Pleasure.
"C. 14. N. 14. An Act concerning false Prophesies, upon Declarations of Names, Arms, and Badges.
"The Act makes the Offence Felony; and Offenders to forfeit, as in Cases of Felony.
"C. 16. N. 16. A Bill for Worsted Yarn in Norffolk.
"Penalty of 40 s. for every Pound Weight of Worsted Yarn bought in the City of Norwich, which shall not be wrought up there.
"The like Forfeiture for every Pound of Yarn transported unwrought; One Moiety to the King, the other Moiety to the Informer, of all the said Forfeitures.
"C. 17. N. 17. An Act for Continuation of certain Acts.
"Many Acts, in which were Pecuniary Penalties, are continued thereby.
"The Proviso in this Act, touching the watering of Hemp and Flax, was added by the Commons.
"C. 18. N. 18. An Act for the true making of Kersies.
"Penalty of 20 s. for every Kersey false made.
"Penalty of 20 d. for every Kersey wanting in Breadth; One Moiety to the King, the other Moiety to the Informer.
"C. 19. An Exposition of a certain Statute about shipping of Cloths.
"Shipping Cloths, with an Intent to carry the same beyond Sea, is made Forfeiture of the Cloths, or the Value.
"C. 21. An Act concerning the Attainder of Queen Katherine, and of Her Accomplices.
"Several Persons by Name are thereby attainted of High Treason; and to forfeit, &c.
"Others are convicted and attainted of Misprision of Treason; and to forfeit, &c.
"Several Offences are made Treason, and other Offences Misprision of Treason, by this Act.
"C. 22. N. 20. Act concerning the Order of Wards and Liveries.
"The Act appoints several Fees to be paid.
"Escheator, not appearing to do his Office, shall forfeit £. 20. for every Default; and for acting contrary to the Act, shall forfeit £. 5.
"Officer, concealing any Record, or any Profit which may come to the King, forfeits Double the Value of the Thing concealed.
"C. 24. N. 22. An Act that none shall be Justice of Assize in his Country.
"Person offending to forfeit, for every Offence, £. 100.
"The Five Provisos were all added by the House of Commons.
"N. 35. The Attainder of Richard Pate and Seth Holland, for High Treason.
"C. 39. N. 37. The Erection of the Court of Surveyors of the King's Lands, &c.
"Where the King sues for Debts, this Act gives Him Costs and Damages.
"It gives the Court Power to set Fines, Penalties, and Amerciaments.
"Persons not paying their Rents within Three Months, as directed by the Act, to forfeit so much more as the Fourth Part of the same Rent; and not paying the Rent and Forfeiture in One Half Year, to forfeit so much as the Moiety of the Rent, over and above the same; and so for every Half Year after, till all the Rent, Arrear, and Penalties, be paid.
"Officer, taking any Fee for signing an Acquittance brought ready drawn, to forfeit 40 Shillings; or taking above 4d. for drawing the Acquittance, to forfeit £. 20.: Receiver, taking above 4d. in the Pound of the Party that pays the Money, to forfeit 6 s. 8 d. for every Penny so taken, &c.
"34 H. VIII. C. 1. N. 1. An Act for the Advancement of true Religion.
"Printer or Bookbinder, printing or selling prohibited Books, to forfeit for every Book £. 10.; for every other Offence, to forfeit all his Goods.
"Person having in his Custody any Book condemned, to forfeit £. 5. for every Book; or having in his Custody any Bible with Annotations or Preambles, to forfeit 40 s.
"C. 2. N. 2. An Act for Collectors and Receivers.
"Collector, not paying the King's Money by him received within Three Months, to forfeit, for every Pound retained, 4s. per Month.
"C. 6. N. 6. An Act for the true making of Pins.
"This Act began with the Commons: But the last Proviso was added by the Lords; whereby it is Enacted, That a Person selling Pins above the Rate they have been sold for commonly within Two Years then past, shall forfeit 6 s. 8 d. for every 1000; One Half to the King, and the other Half to the Informer.
"C. 7. N. 7. An Act to authorize certain of the King's Council to set Prices on Wines sold by Retail.
"The Lords mentioned in the Act have Power to set the Prices of Wine to be sold by Retail, which shall be observed after Proclamation thereof made, upon the Penalties in such Proclamation to be contained; One Moiety of the Penalty to the King, the other Moiety to the Informer.
"C. 9. N. 9. An Act for the Preservation of the River Severn.
"The Act began with the Commons; the last Proviso was added by the Lords; (videlicet,)
"That if any Person unlade out of any Ship, in any Haven, &c. any Manner of Ballast, &c. unless above the Sea Mark, he shall forfeit £. 5.; Half to the King, and Half to the Informer.
"34 H. VIII. C. 19. N. 19. An Act for the Payment of Pensions granted out of the late Abbies.
"Persons unjustly detaining Pensions, &c. being convicted according to the Ecclesiastical Laws; the Plaintiff shall recover the Thing in Demand against the Defendant, and also the Value thereof in Damages, with his Costs.
"The same Penalty to the Party grieved, where the Thing is determinable at the Common Law.
"35 H. VIII. C. 1. N. 1. An Act for settling the Succession,
"Makes several Offences Treason; and the Offenders to forfeit, &c.
"C. 8. N. 8. The several Prices appointed, which may be taken for Barrels and other Vessels.
"Cooper, cutting Barrels, Kilderkins, or Firkins, to forfeit, for every Barrel, 6 s. 8 d.; for every Kilderkin, 3 s. 4 d.; and for every Firkin, 20d.
"Coopers, not delivering Barrels to Beer Brewers upon reasonable Warning, to forfeit 40 s.
"Persons transporting Beer in bigger Vessels than Barrels, to forfeit 6 s. 8 d. for every Barrel.
"C. 16. N. 15. An Act for paving of Cambridge.
"The Act appoints by whom the Streets shall be paved, before Lammas following.
"The Persons chargeable by the Act to pave, &c. shall forfeit, for every Yard Square of the Streets not paved, 12 d.; for every Pole of the Lanes not mended with Gravel, 2 s.
"The Persons liable as aforesaid shall keep the Streets paved and Lanes mended for the future, on Forfeiture of 6 d. for every Yard of the Streets; and for every Pole of the Lanes not repaired with Gravel, 12 d.
"Officers, being negligent, to forfeit 100 Shillings.
"C. 17. The Bill for Preservation of Woods.
"Penalty, for every Standel not left in Coppices or Woods, according to the Direction of the Act, 3 s. 4 d.; and for every Standel cut down contrary to the Meaning of the Act, 3 s. 4 d.
"35 H. VIII. Every Person not enclosing Coppices, as the Act directs, to forfeit, for every Rood not enclosed, 3 s. 4 d. per Month.
"No Person to convert Woods into Pasture or Tillage, on Forfeiture of 40 s. an Acre.
"Persons cutting down great Woods, and not leaving the due Number of Trees standing, to forfeit 6 s. 8d. a Tree; and the like Forfeiture for suffering those Trees to be after cut down.
"And for every Rood not enclosed, to forfeit 3 s. 4d. per Month.
"No Beasts to be put in Common Woods for Seven Years after felling, on Forfeiture of 4d. a Beast.
"Person breaking the Fences of Woods, to forfeit Ten Shillings.
"Penalty of 4d. for every Swine suffered to go into the Woods unringed.
"37 H. VIII. C. 9. N. 9. Bill against Usury.
"Offenders against this Act to forfeit the Treble Value of the Wares and Merchandizes, or the Treble Value of the Issues and Profits of the Lands; and also to suffer Imprisonment, and to make Fine and Ransom at the King's Will.
"C. 10. An Act against slanderous Bills.
"Several Offences are thereby made Felony; and the Offender to suffer and forfeit, as in Cases of Felony.
"C. 23. N. 22. An Act for Continuance of certain Statutes.
"The Act does continue many Statutes, wherein were Penalties.
"N. 32. An Act for the Attainder of Philip Duke of Norfolke and Henry Earl of Surrey, of High Treason.
"1 E. VI. C. 1. N. 1. An Act against such as shall speak unreverently of the Sacrament of the Altar; and of the unworthy receiving thereof under both Kinds.
"Persons depraving the Sacrament, &c. shall make Fine and Ransom at the King's Will.
"C. 3. N. 3. An Act for the Punishment of Vagabonds, and Relief of poor and indigent Persons.
"The Act repeals all former Statutes for the Punishment of Vagabonds, &c.
"Every Person detaining a Servant or Slave, described in the Act, knowing him to be so, shall forfeit to the Master £. 10. besides Costs of Suit.
"City, suffering a Slave to live idly Three Days, shall forfeit £. 5.; a Borough, or Town Corporate, 40 s.; a Town, or other Village, 20 s.
"Suffering Persons to beg within the Precincts, shall forfeit 10 s. for every Three Days.
"Mayor, &c. not sending away Beggars, as the Act directs, shall forfeit Sixty Shillings.
"C. 5. N. 5. An Act for not conveying Horses out of this Realm.
"Persons sending Horses into Scotland, or beyond Sea, without License, shall forfeit the Horses, and £. 40. for every Horse.
"C. 12. N. 12. An Act for Repeal of certain Statutes, concerning Treasons and Felonies.
"The Person affirming, by express Words, the King not to be the Supreme Head of the Church, &c. shall forfeit all his Goods and Chattels, and suffer Imprisonment, &c.
"For the Second Offence, to forfeit all his Goods and Chattels, and the Profits of his Lands during Life, &c.
"And for the Third Offence, to suffer and forfeit as in Cases of Treason, &c.
"And also several Offences are declared to be Treason, &c.
"2 and 3 E. VI. C. 1. N. 1. An Act for Uniformity of Service, and Administration of the Sacraments.
"Person, &c. refusing to use the Common Prayer, &c. shall forfeit, for the First Offence, the Profits of One of his Benefices, for One Year, &c.
"For the Second Offence, shall be deprived of all his Spiritual Promotions, &c.
"Persons depraving the Common Prayer, &c. for his First Offence, shall forfeit £. 10.; and being convicted a Second Time, £. 20.; and upon a Third Conviction, shall forfeit all his Goods and Chattels, &c.
"C. 2. N. 2. An Act for Reformation of Captains and Soldiers serving in the Wars.
"Commissioners, who shall for Reward discharge a Captain or Soldier, shall forfeit, for every Man so discharged, £. 20.
"A Captain, demanding Wages for more Soldiers than served, &c. shall forfeit for every Default, £. 5.
"A Captain, licensing any Soldier to depart from the Field, otherwise than as the Act directs, shall forfeit £.20.
"C. 6. N. 6. An Act, that the Admiral of England, or his Officers, shall not exact any Sums of Money for License to traffick to Ireland, &c.
"Admiral, or any Officer of the Admiralty, &c. exacting of any Merchant or Fisherman any Money, or other Reward, for any such License, shall forfeit, for the First Offence, Treble the Sum paid, or Treble the Value of the Reward given.
"For the Second Offence, shall lose his Office, and shall make Fine and Ransom at the King's Pleasure.
"C. 10. N. 14. The Bill for true making of Malt.
"The Forfeiture for every Quarter of Malt, made otherwise than according to the Direction of the Act, to be 2 s.
"The like Forfeiture for mingling evil Malt with good Malt.
"The Forfeiture for putting to Sale Malt not sufficiently trodden, to be 20 d. One Moiety of the said Forfeitures to the King, and the other to the Informer.
"C. 14. N. 13. An Act against the shooting of Hail Shot.
"No Person, under the Degree of a Lord, shall shoot, within any Town, in any Hand-gun, at any Mark, &c.; nor any Person whatsoever shall shoot with Hail Shot, on Forfeiture, for every Offence, £. 10.
"Person shooting in a Hand-gun, not presenting his Name as the Act directs, shall forfeit 20 s.
"N. 15. An Act concerning Bartholomew Burgoyne being fled into Parts beyond the Seas, &c. to forfeit his Goods and Chattels to the King, and also the King to have his Lands during Life; but if he renders himself as the Act directs, that Law to be void.
"C. 19. N. 39. Act touching Abstinence from Flesh, in Lent and other usual Times.
"Person eating Flesh upon Days prohibited by this Act, to forfeit, for the First Offence, 10 s. and Ten Days Imprisonment; and for the Second Offence, 20 s. and Twenty Days Imprisonment.
"C. 20. N. 18. An Incumbent, for not paying his Tenths due to the King, the same being demanded, shall be deprived of that Benefice.
"The Act recites the Act in the 26th Year of H. VIII, which made the said Offence to be Deprivation of all Spiritual Promotions; and does moderate the same, to be Deprivation only of that Benefice, and not to be subject to any other Penalty.
"C. 22. N. 20. An Act concerning colouring of Customs in other Men's Names, to the Deceit of the King.
"Offender to forfeit all his Goods and Chattels; One Moiety to the King, and One Moiety to the Informer.
"C. 26. N. 24. An Act against the carrying White Ashes out of the Realm.
"If any Person shall ship or convey White Ashes upon or beyond the Seas, he shall forfeit 6 s. 8 d. for every Bushel; One Moiety to the King, the other Moiety to the Informer.
"C. 27. N. 26. The Bill against false forging Iron Gadds, instead of Gadds of Steel.
"The Act appoints the Forfeiture of 4d. for every such Gadd; One Moiety to the King, the other Moiety to the Informer.
"C. 34. N. 33. An Act touching the Sheriff of Northumberland to be accountable for his Office as other Sheriffs be.
"Such Sheriff, making Default, to forfeit £. 100.
"C. 38. N. 35. An Act for the paving of Calice.
"The Offender shall forfeit 8d. for every Yard Square not paved.
"The Mayor and Aldermen, neglecting to levy the Penalty, to be liable to Fine, at the King's Pleasure.
"Persons neglecting to cover their Houses with Tile or Slate, to forfeit £. 20. for every Offence.
"3 & 4 E. VI. C. 3. N. 3. An Act concerning the Approvements of Moors and Waste Grounds.
"Persons recovering in an Assize shall have their Damages trebled.
"C. 7. N. 7. An Act for the Repeal of the Statute made in the 25th Year of H. VIII, concerning the taking of Wild Fowl at certain Times of the Year,
"Repeals divers Penalties in the former Act, and confirms divers others.
"C. 15. N. 13. An Act against fond and fantastical Prophesies.
"Offender to forfeit £. 10.: And, being convicted a Second Time, to forfeit all his Goods and Chattels Real and Personal, &c.; One Moiety to the King, the other Moiety to the Informer.
"C. 16. N. 14. An Act touching the Punishment of Vagabonds, and other idle Persons.
"Mayor, Sheriff, &c. suffering any Person to beg within the Precinct of his Jurisdiction, for every Three Days to forfeit 10 s.
"Mayor, &c. not sending Beggars to the Place where they were born, to forfeit in like Manner for every Default.
"C. 17. N. 15. An Act against unlawful hunting, in any Park, Forest, Chace, or other inclosed Ground.
"The Act revives the Statute made in the 31 H. VIII, whereby the Offence was made Felony.
"C. 20. N. 18. An Act touching the Repeal of the Branch made in the last Session of Parliament, touching Victualers and Artificers.
"The Penalty of that Act is £. 5. for every Offence; which is repealed by this Act.
"5 & 6 E. VI. C. 2. N. 2. An Act for the Provision and Relief of the poor Persons elected to be Gatherers of the Alms according to the Act, failing of their Duty, to forfeit 20 s.
"C. 5. N. 5. An Act for the Maintenance of Tillage, and Increase of Corn.
"Forfeiture for every Acre not put in Tillage Yearly according to the Act 5 s.: Commissioners have Power to set reasonable Fines upon Persons making Default of their Appearances, or neglecting their Duties, so as such Fine exceed not 20 s. for One Default.
"C. 14. N. 14. An Act against Regraters, Forestallers, and Ingrossers.
"Offender, for his First Offence, to lose and forfeit the Value of the Goods by him bought, or had contrary to the Meaning of the Act, and to suffer Imprisonment, &c.
"Being a Second Time convicted, to forfeit Double the Value of the Goods, and Imprisonment, &c.
"Being a Third Time convicted, to forfeit all his Goods, &c.
"Buying Corn for Change of Seed, and not bringing the same Quantity of Corn to sell again at the same Day, to forfeit Double the Value of the Corn.
"Person buying Oxen, and selling them again within Five Weeks, to forfeit the Double Value.
"C. 15. N. 15. An Act against Regraters, and Ingrossers of Tanned Leather.
"Ingrossing Tanned Leather to sell again is made Forfeiture of the Leather, or the Value thereof; One Moiety to the King, the other to the Informer.
"In like Manner, Person transporting Shoes, &c. to forfeit the Shoes, or the Value.
"Artificer who shall cut Tanned Leather, dressing it in his own House, to forfeit the Tanned Leather.
"C. 19. N. 19. An Act touching the Exchange of Gold and Silver.
"Person exchanging coined Gold, or coined Silver, and receiving or paying more in Value than the same is current for by Proclamation, shall forfeit such coined Gold or Silver, and make Fine at the King's Pleasure, and suffer Imprisonment for a Year.
"C. 20. N. 20. A Bill against Usury.
"Person lending for any Manner of Usury above the Sum lent, to forfeit the Value of the Sum lent, as also of the Usury, and to be imprisoned, and to make Fine and Ransom at the King's Will; One Moiety of the Value to be to the King, the other to the Informer.
"C. 22. N. 22. An Act for the putting down of Gigg Mills.
"A Person using any Gigg Mill, for the working of any Woollen Cloth, shall forfeit for every Cloth so wrought £. 5.; Half to the King, and Half to the Informer.
"C. 25. N. 25. For Keepers of Ale-houses and Tippling-houses, to be bound by Recognizances.
"Justices of the Peace shall forfeit to the King, for every Recognizance taken from Alehouse Keepers and not certified, £. 3. 6 s. 8 d.
"Upon Certificate made to the Sessions of any Offence in selling Ale, &c. without License; the Justices shall assess a Fine for every such Offence, not exceeding Twenty Shillings.
"7 E. VI. C. 7. N. 7. An Act for the Assize of Fuel.
"Offender to forfeit, for every Shide of tall Wood, Billet, &c. put to Sale, lacking of the Assize, 3 s. 4 d.
"Person buying Wood, and selling it by Retail, except to those who burn it, shall forfeit the Treble Value.
"Person altering the Mark or Assize of any Fuel, shall forfeit in like Manner; the One Half to the King, the other Half to the Informer, of the said Forfeitures.
"C. 11. N. 11. An Act for the Continuance of certain Statutes.
"Several of the Acts thereby continued had Pecuniary Penalties in them.
"1° Mar. Sess. 1a, C. 1. N. 1. An Act repealing and taking away certain Treason, Felonies, and Cases of Præmunire.
"It is Enacted, That from thenceforth nothing shall be High Treason, Petit Treason, or Misprision of Treason, but what is declared to be so by the Statute 25 E. III; and that all Offences made Felony or Præmunire since the First Day of the 1st of H. VIII, shall not be Felony, nor within the Case of Præmunire.
"1° M. Sess. 2a, C. 6. N. 6. An Act, that the counterfeiting strange Coins, being current within the Realm, or the Queen's Highness' Sign Manual, Signet, or Privy Seal, shall be adjudged Treason.
"The Offenders are declared to be Traitors, and to forfeit as in Cases of High Treason.
"C. 12. N. 12. An Act against unlawful and rebellious Assemblies.
"If Twelve or more in Number practise with Force of Arms to change Laws, and, being commanded by the Sheriff, &c. by Proclamation in the Queen's Name, to repair to their Houses, shall notwithstanding continue together for the Space of an Hour after, &c. it shall be adjudged Felony: If Twelve or more go about to overthrow, &c. Pales, Hedges, or Enclosures, &c. or destroy Deer, &c. and, being required as aforesaid by Proclamation to retire to their Habitations, shall remain together by the Space of an Hour, &c. it shall be Felony.
"Other Offences are declared to be Felony by the Act, and the Offenders to forfeit, &c. Copyholder, Farmer, &c. being required by the Sheriff, &c. to serve the Queen in suppressing such unlawful Assemblies, and refusing; the Copyholder shall forfeit his Copyhold for Life, and the Lord may enter; and the Farmer refusing, shall lose his Farms for Life, &c.
"C. 13. N. 18. An Act for the Continuance of certain Statutes.
"Many Acts wherein there are Pecuniary Penalties are continued.
"Sess. 3a, C. 12. N. 11. An Act for the Continuance of certain Statutes.
"Several Statutes with Penalties in them are continued by this Act.
"1 & 2 P. & M. C. 2. N. 2. An Act for the Reformation of Excess in Apparel.
"No Person born within the Realm, other than the Heir Apparent of a Knight, or such as may dispend £. 20. in the Year in Lands, or be worth in Goods £. 200. may wear any Silk upon or within his Hat, &c. on Pain of Three Months Imprisonment, and Forfeiture of £. 10. for every Day's Wearing.
"Any Person, knowing his Servant to offend contrary to this Act, who shall keep him in his Service Fourteen Days after, or shall retain him again within a Year, shall forfeit £. 100.; One Half to the Queen, the other to the Informer of the said Forfeitures.
"C. 8. N. 8. An Act repealing all Articles and Provisions made against the See Apostolic of Rome, since the 20th Year of King H. VIII; and for the Establishment of all Spiritual and Ecclesiastical Possessions and Hereditaments conveyed to the Laity.
"Several Acts and Clauses of Acts wherein there are Penalties are thereby repealed.
"Any One, who, by Process out of any Ecclesiastical Court within the Realm or without, shall molest any Person for Lands of Abbies, &c. shall incur a Præmunire.
"C. 11. N. 11. An Act for the Punishment of the bringing in of the counterfeit Coin of Foreign Realms, being current within this Realm.
"The Offenders are made Traitors, and to forfeit as in Cases of Treason.
"C. 17. N. 17. An Act for the Continuance of certain Statutes.
"Several Statutes, wherein are Pecuniary Penalties, are thereby continued.
"2 & 3 P. & M. C. 1. N. 1. An Act for the re-edifying of Castles and Forts, and for the enclosing of Grounds, upon the Borders toward Scotland.
"Persons taking upon them to sit by virtue of the Commissions mentioned in the Act, not being before sworn, or not having Lands of the clear Yearly Value of £. 40. above all Charges, &c. shall forfeit £. 40.; One Moiety to the King, the other to the Informer.
"C. 19. N. 19. An Act touching the Powdike in Marsh Lands.
"This Act recites an Act made in the 22 H. VIII, whereby the malicious cutting down of Powdike in Marsh Land was made Felony, and to forfeit, &c.; and does revive that Act, &c.
"4 & 5 P. & M. C. 3. N. 3. An Act for taking of Musters.
"A Person commanded to muster before such as have Authority, &c. and willingly absenting himself, or not bringing with him his best Furniture, shall suffer Imprisonment for Ten Days, unless he agree to pay a Fine of 40 s. for every Offence.
"Muster-master, exacting any Sum or Reward from any Person in the Wars, or sparing or releasing any Person from the Service, shall forfeit Ten Times as much as he shall receive.
"The like Forfeiture, if any Captain, &c. discharge or license any Soldiers to depart from the Service, or do not pay them their full Wages within Ten Days after he shall have received it.
"C. 9. N. 9. An Act for the Continuation of certain Statutes.
"Divers Statutes with Pecuniary Penalties are continued thereby.
"1° Eliz. C. 4. N. 4. An Act for Restitution of First Fruits to the Crown.
"This Act repeals the Statute 2 & 3 P. & M. whereby the Payment of First Fruits and Tenths was to cease; and revives all the former Acts relating to First Fruits and Tenths, in divers of which there are Pecuniary Penalties.
"C. 5. N. 5. An Act whereby certain Offences be made Treason.
"It enacts, That Offenders mentioned in that Statute shall forfeit for their First Offence their Goods and Chattels, and Profits of their Lands for Life; and if the Offender be an Ecclesiastical Person, he shall be deprived of all his Benefices.
"The Second Offence is made Treason; and Offenders to forfeit, &c. It also ordains, that other Offences shall be Treason, and Offenders to forfeit, &c.
"C. 6. N. 6. An Act for Explanation of the Statute of seditious Words and Rumours.
"The Act continues a Statute made 1° & 2° P. & M. (whereby the Offences therein mentioned were made High Treason, &c.); and declares that the Utterers of false News and Rumours against Her Majesty Queen Eliz. shall incur the Penalties in that Act.
"C. 7. N. 7. An Act to revive a Statute, made in the 23th Year of the Reign of King Hen. VIIIth, touching the conveying of Horses, Geldings, and Mares, into Scotland.
"It revives the Act made 23 H. VIII, whereby the conveying of Horses into Scotland is made Felony, &c.
"C. 17. N. 17. An Act for Preservation of Spawn and Fry of Fish.
"This Act began with the Commons, in which are many Pecuniary Penalties. But the last Proviso is added by the Lords; whereby it is Enacted, That this Act shall not extend to the Rivers Tweed, Usk, or Wye, nor to any River whereof the Queen is answered a Rent; but the Persons interested may fish in the said Rivers as before, not using any Engine willingly to destroy the Spawn.
"C. 18. N. 19. An Act for the Continuance of certain Statutes.
"The Act revives several Statutes therein mentioned, wherein were contained Pecuniary Penalties.
"5 Eliz. C. 2. N. 4. An Act for the Maintenance and Increase of Tillage.
"The Act revives a Statute made 4 H. VII. C. 19. for keeping up of Houses of Husbandry; and another Act 7 H. VIII. C. 1. intituled, An Act to avoid the letting down of Towns; in both which Acts are Penalties.
"It does also revive an Act made 27 H. VIII. C. 28. (whereby all Monasteries were given to the King, which have not Lands of above £. 200. per Annum) so far as the Clauses in that Act relate to the Keeping House in the Scites of such Monasteries, and occupying the Demesnes in Tillage; both which Things were by that Act required to be done, on Pain of Forfeiture of 6 s. 4 d. a Month.
"It does further enact, That all Lands which have been put and kept in Tillage for Four Years since 20 H. VIII, shall be kept in Tillage for ever, on Pain that every Offender shall forfeit Yearly for every Acre Ten Shillings.
"The Lord Chancellor has Power to issue a Commission, empowering Persons to inquire of Persons offending against this Statute; and if the Commissioners do not make Certificate of their Doings into the Chancery within Three Months after their Inquiry, they are to forfeit £. 20. respectively.
"If the Persons who are required by the Commissioners neglect their Duties ; the Commissioners may fine them, so as the Fine exceed not 20 s. for One Default.
"If the Sheriff fail in his Duty; they may asses any Fine upon him not exceeding £. 10.
"If the Sheriff insringe any Liberty, he is to forfeit £. 5.
"C. 3. N. 18. An Act for the Relief of the Poor.
"The Act revives so much of the Statutes made in 22 H. VIII, and 4 Edw. VI, concerning Beggars, &c. as are not otherwise provided for by this Act.
"It enacts, That Mayors, Bailiffs, &c. who fail in doing their Duty in appointing Collectors, shall forfeit 40 s. for every Default.
"Collectors chosen, and refusing the Office, to forfeit £. 10.
"Churchwardens, refusing to sue for the Forfeiture within Two Months, to forfeit £. 20.
"Person, &c. making Default in giving Warning according to the Act, to forfeit 40 s.
"Bishop or Chancellor, failing to call the Persons to Account, &c. to forfeit £. 20.: Justices, failing to appoint a Day for the Inspection of the Poor, &c. to forfeit £. 10.
"C. 10. N. 8. An Act reviving a Statute made 21 H. VIII, touching Servants embezzling their Masters Goods.
"That Act, whereby the Offence was made Felony, is revived, and made perpetual.
"C. 11. N. 9. An Act against the clipping, washing, rounding, and filing, of Coin.
"Offenders are made guilty of Treason; and to forfeit their Goods and Chattels, and their Lands and Tenements during Life.
"C. 14. N. 14. An Act against Forgers of false Deeds and Writings.
"The Person who does forge, &c. any false Deeds, &c. shall pay to the Party grieved his Double Costs and Damages; and shall forfeit to the Queen the Issues and Profits of his Lands during Life, &c.
"The Person publishing or giving in Evidence any false Deed as true, knowing it to be false, shall pay to the Party grieved his Double Costs and Damages, suffer Imprisonment, &c.
"Second Offence, in any the Cases above-mentioned, is made Felony, and to suffer and to forfeit as in Cases of Felony.
"The Four last Clauses in this Act were begun in the House of Commons.
"C. 15. N. 13. An Act against fond and fantastical Prophesies.
"The Offender is to suffer Imprisonment for a Year, and to forfeit £. 10. for the First Offence; and for the Second Offence, to suffer Imprisonment during Life, and to forfeit all his Goods and Chattels.
"C. 16. N. 16. An Act against Conjurations, Enchantments, and Witchcrafts.
"Offenders are to suffer as in Cases of Felony, and to forfeit their Goods and Chattels, &c.
"Any Person who, by Charm, &c. shall take upon him to declare in what Place any Treasure is to be found, &c. shall for the First Offence suffer Imprisonment for a Year, &c.; for the Second Offence forfeit all his Goods and Chattels, and suffer Imprisonment during Life.
"C. 17. N. 17. An Act for the Punishment of the Vice of Buggery.
"The Act made 25th H. VIII, whereby the Offence was made Felony, is revived, and made perpetual.
"C. 23. N. 26. An Act for the due Execution of the Writ de Excommunicato capiendo.
"Sheriff, offending in not executing and returning the Writ, to be amerced at the Discretion of the Court.
"Upon the Second Writ proclaimed, the Party to render himself to Prison, upon the Forfeiture of £. 10.; and not rendering himself on the next Writ, to forfeit £. 20.; and so in infinitum.
"Sheriff making a false Return, to forfeit £. 40.
"C. 24. N. 25. An Act for reviving a Statute, made 23 H. VIII, touching the repairing of Gaols.
"The said Act (in which are Pecuniary Penalties, &c.) is revived, and continued for Ten Years.
"And the said Act, &c. is extended to Five Counties in Wales, not mentioned in the former Statute.
"N. 32. An Act for an Assignment of certain Sums of Money, for the defraying the Charges of the Queen's Majesty's Household.
"Receiver or Customer, not paying the Money in his Hands to the Uses in the Act, to forfeit £. 20. for every Offence.
"Person paying any of the Monies assigned by the Act to any other Order than for the Household, to forfeit £. 20. for every Offence.
"N. 35. An Act for the Confirmation of Letters Patents granted to the Town of South'ton, touching the bringing in of Malmsies, and other Sweet Wines, by Merchants Strangers.
"The Act makes it Forfeiture of Twenty Shillings for every Butt of Sweet Wine landed elsewhere than at South'ton.
"8. Eliz. C. 2. N. 2. An Act for avoiding of wrongful Vexation, touching the Writ of Latitat.
"If the Person sueing out the Writ, &c. do not, within Three Days after Bail taken, declare against the Party, &c. the Court shall award to the Person arrested his Costs, Damages, and Charges; and in like Manner, if the Person at whose Suit any One is arrested do not prosecute with Effect, &c.: If any Person cause another Person to be arrested at the Suit of One without his Consent, the Offender shall suffer Imprisonment for Six Months, and shall pay Treble Costs, Charges, and Expence.
"C. 8. N. 8. An Act for the Repeal of a Branch of the Statute made 22 H. VIII, touching the Stature of Horses.
"The said Act is repealed, as to the Fen Grounds in the Isle of Ely, and Five other Counties particularly named: And as to the said Isle of Ely and other Counties, it is Enacted, That no Stone-horses, not being of the Heighth of Thirteen Handfulls, shall be depastured in any of the said Fen Grounds, upon such Pain as is mentioned in the former Act; (videlicet,) the Loss of the Horses.
"C. 10. N. 10. An Act for Bowyers.
"One Branch of the Act 23 H. VIII, for Maintenance of Artillery, wherein was a Pecuniary Penalty, is repealed.
"And Two other Acts, the one 22 E. IV, and the other 3 H. VII, and a Third in the 23 H. VIII, (whereby the Price of Bows as fixed upon several Penalties) are repealed; and it enacts, That every Bowyer shall have 50 Bows of Elm, &c. by him at a Time, on Pain of Ten Shillings for every Default.
"It further enacts, That if a Bowyer does sell any Bows above the several Prices fixed by this Act for the several Sort of Bows, he shall forfeit 40 s. for every Bow; One Moiety to the King, the other Moiety to any Bowyer that will sue.
"13 Eliz. C. 2. N. 6. An Act against the bringing in and putting in Execution of Bulls, Writings, or Instruments, and other superstitious Things, from the See of Rome.
"Using any Bull of Absolution or Reconciliation, within the Kingdom, &c. is made Treason, and the Offenders to suffer and forfeit as in Cases of Treason; and the Aiders shall incur a Præmunire.
"Person to whom a Bull, &c. is offered, not disclosing the same, shall incur the Forfeiture of Misprision of Treason.
"Person bringing an Agnus Dei, &c. into the Kingdom, shall incur a Præmunire.
"Justice of Peace, not doing his Duty as the Act appoints, shall incur a Præmunire.
"C. 5. N. 3. An Act against fraudulent Deeds and Alienations, &c.
"Parties to feigned and fraudulent Deeds, &c. being privy to the same, who shall put in Ure, or avow them as true, &c. shall incur the Forfeiture of a Year's Value of the Lands comprized in such Deeds, &c. the whole Value of the Goods and Chattels therein comprized, and so much Money as shall be contained in such feigned Bonds, and suffer Imprisonment, &c.
"C. 7. N. 7. An Act touching Orders for Bankrupts.
"Persons examined before the Commissioners, who do not disclose the whole Truth, shall forfeit Double the Value of the Goods, &c. so concealed.
"The like Forfeiture to those who detain the Bankrupt's Goods.
"The Forfeiture to be distributed towards the Payment of the Debts to the Creditors; and if the Debts be satisfied, then One Half of the Forfeitures to the Queen, the other Half to the Poor of the Hospitals in the City or County where the Offence is committed.
"Persons hiding a Bankrupt after Proclamation shall suffer Imprisonment, or pay such Fine as the Lord Chancellor award.
"C. 9. N. 8. An Act for the Commission of Sewers.
"Clerk, making Default in estreating Amerciaments into the Exchequer, &c. shall forfeit £. 5.
"C. 15. N. 14. An Act, that no Hoy or Plate shall cross the Seas.
"An Act made 5 Eliz. is hereby repealed; and a former Act, made 1° Eliz. (whereby no Hoy or Plate was to cross the Seas with Goods, on Forfeiture of the Hoy or Plate, with Munition, Tackling, &c.) is revived.
"C. 20. N. 37. An Act touching Leases of Benefices, and other Ecclesiastical Livings, with Cure.
"This Act began with the Commons; and thereby, upon Non-residence for Eighty Days, the Lease made by the Incumbent was enacted to be void.
"The Lords add the Words following; ["and the Incumbent so offending shall, for the same, lose One Year's Profits of the said Benefice, to be distributed by the Ordinary among the Poor of the Parish."]
"C. 21. N. 16. An Act, that Purveyors may take Grain, Corn, or Victuals, within Five Miles of Cambridge and Oxford, in certain Cases.
"This Act recites a former Act, made 2° and 3° P. and M. whereby no Purveyor was to take or bargain for any Victuals, &c. within Five Miles of Cambridge or Oxford, on Forfeiture of Quadruple the Value.
"And does enact, That Purveyors, &c. (having a License from the Chancellor, &c. as the Act directs) may take or bargain for any Victuals within those Limits; and also in Case the Queen shall be within Seven Miles of either of the Universities; but in all other Cases, Purveyors, &c. shall incur the Penalties of the former Act.
"C. 25. N. 20. An Act for the reviving and continuing of certain Statutes.
"Several Statutes, wherein are Pecuniary Penalties, are revived.
"14 Eliz. C. 1. N. 1. An Act for the Punishment of such as shall rebelliously take or detain, or conspire to take or detain, from the Queen's Majesty, any of Her Castles, Towers, Fortresses, Holds, &c.
"Some of the Offences described in this Act are made Felony; and the Offenders to forfeit, as in Cases of Felony.
"Others are made Treason; and the Offenders to forfeit and suffer, as in Cases of Treason.
"C. 2. N. 2. An Act against such as shall conspire or practise the Enlargement of any Prisoner committed for High Treason:
"Some of the Offences described in this Act are made Misprision of Treason.
"Others Felony, others Treason; and Offenders respectively to forfeit and suffer in such Cases.
"C. 3. N. 3. An Act against the forging and counterfeiting of Foreign Coin, being not current within this Realm.
"The Offence is made Misprision of Treason; and the Offenders to forfeit as in like Case.
"C. 4. N. 4. An Act to revive a Statute of 1° of the Queen's Majesty's Reign, prohibiting the carrying of Leather, Tallow, and Raw Hides, out of the Realm.
"The Statute made in the First Year of Queen Eliz. whereby the Offence was made Felony, is revived.
"C. 5. N. 5. An Act for the Punishment of Vagabonds, and for the Relief of the Poor and Impotent.
"It repeals Three Acts relating to Vagabonds, wherein are several Penalties.
"It ordains, That a Vagabond convicted a Second Time shall forfeit and suffer as a Felon, unless some Person will become bound to keep him in his Service Two Years.
"And for the Third Offence, to suffer and forfeit as a Felon.
"Person relieving any Vagabond, to be liable to a Fine, not exceeding 20 s.
"Person disturbing the Execution of this Act, to forfeit Five Pounds, and to be imprisoned: Constable neglecting his Duty, in suffering a Vagabond to beg, shall forfeit, for Neglect of his Duty, for every Offence, 6 s. 8 d.
"Persons refusing to be Overseers, to forfeit 10 s.
"Constables, not conveying poor People the direct Way to their Abiding-places, to forfeit 20 s.
"Collectors, refusing or neglecting the Office, to forfeit 40 s. for every Offence.
"High Constable, refusing to sue the Collector, to forfeit £. 5.
"Collectors, refusing to deliver the Surplusage upon their Accompt, to forfeit £. 10.
"All the Forfeitures in the Act (save that of the Justices of the Peace) to be to the Use of the Poor.
"Person refusing to account before the Bishop of (fn. 1) the Diocese, who is empowered by the Act to visit all Hospitals in the Diocese, shall forfeit such Sum as by the Bishop and Chancellor, or Justices, shall be thought meet.
"Person transporting Irish Beggars, &c. shall forfeit 20 s. to the Use of the Poor where landed.
"Justices of Peace, making Default in their Duty, to forfeit £. 5.; Half to the Poor of the County, and Half to the Queen.
"Observe, the Four last Provisos of this Act were added by the House of Commons.
"18. Eliz. C. 1. N. 1. An Act against diminishing and impairing of the Queen's Majesty's Coin, and other Coins current within the Realm.
"The Offence is made Treason; and the Offenders to suffer as in Cases of Treason, and to forfeit Goods and Chattels; and also to forfeit Lands during Life.
"C. 13. N. 13. An Act concerning Offices found within Counties Palatine.
"Escheators or Commissioners, not making Return within a Month of the Inquisition, as the Act directs, shall forfeit £. 40. for every Default.
"The Officers having Authority to receive such Inquisitions, not certifying the same into the Chancery, to forfeit £. 5.
"C. 15. N. 15. An Act for Reformation of Abuses in Goldsmiths.
"No Goldsmith shall work or sell Plate of Gold less fine than the Act directs, &c. not take above 12 d. per Ounce beyond what may be allowed at the Mint, except for the Fashion, on Pain to forfeit the Value of the Thing so sold.
"Nor shall sell Silver Plate, otherwise than as the Act directs, nor before he has set his Mark thereto, on Pain to forfeit the Value of the Thing so sold.
"If Plate be marked for good by the Wardens or the Masters of the Goldsmiths, and it shall be found deceitful after, they shall forfeit the Value of the Thing so sold; One Molety of the said Forfeitures to the Queen, the other to the Party grieved.
"C. 17. N. 17. An Act for the perpetual Maintenance of Rochester Bridge.
"The Act requires the former Wardens for Rochester Bridge to give Notice, by Letter, to the new chosen Wardens, of their Election, on Pain of £. 5.
"Every Warden elected, who shall refuse to become bound as the Act directs, shall forfeit £. 10.
"C. 18. N. 18. An Act for the repairing of Chepstow Bridge.
"Enacts, That Gloucestershire and Monmouthshire shall each of them be liable for the repairing such Part of the Bridge as lies to the Middle of the Stream: That, for the Assessment of the Money, such Order shall be observed, as was directed by the Statute of 22 H. VIII, concerning repairing and amending of Bridges and Highways; and if the Justices of either County make Default in their Duty, they shall forfeit £. 10. apiece, to go toward the Reparation of the Bridge.
"23 Eliz. C. 3. N. 3. An Act for the Reformation of Errors in Fines and Recoveries.
"The Justices of the Common Pleas, in Default of Examination of the Enrolment of Fines, &c. and signing the same, to forfeit £. 5. for every Time.
"Justices to assess such Fine upon any Person neglecting to do his Duty as shall be thought meet.
"Chirographer and Sheriff, failing in their Duty according to the Act, to forfeit £. 5.; One Moiety to the Queen, the other Moiety to the Person that shall sue.
"C. 7. N. 7. An Act for the Increase of Mariners, and for Maintenance of the Navigation.
"Englishman or Denzien, bringing salted Fish into this Realm from Foreign Parts, or procuring others to do so, to forfeit the salted Fish, or the Value; One Moiety to the Queen, the other Moiety to the Informer.
"Aliens to pay such Customs for salted Fish imported, as Her Majesty's Subjects pay in those Countries from whence the salted Fish shall be brought.
"Person using any Deceit, to frustrate this Act, shall forfeit £. 200.; Half to the Queen, and Half to the Informer.
"An Alien, doing any Thing to defrand this Statute, shall forfeit his Ship, and all that appertains to it, to the Queen.
"Alien, bringing into England salt Fish not good, and offering to sell the same, shall forfeit the Fish.
"All Ordinances of the Fishmongers are declared to be void; and every Person that shall execute any of them, shall forfeit £. 100.
"C. 9. N. 9. An Act for abolishing of certain deceitful Stuff, used in dying of Cloth, &c.
"This Act began in the House of Commons.
"The last Proviso in the Act was added by the Lords; whereby it is ordained, That every Dyer dying Cloths, &c. mathered and not woaded, if he do not fix a Seal, in which the Letter [M] shall be contained, he shall forfeit for every Yard of Cloth 3 s. 4 d.
"And also, that if any Person sell mathered Cloth and not woaded, and do not first give Notice to the Dyer that the same is not woaded, shall forfeit Double the Value of the said Cloth.
"C. 13. N. 15. An Act for the inning of Erith and Plumsted Marsh.
"Every Person, digging or cutting Earth of any of the Forelands mentioned in the Act, shall forfeit, £. 5. to be recovered by the Inners or Owners of the said Marshes.
"27. Eliz. C. 2. N. 2. An Act against Jesuits, Seminary Priests, and other such like disobedient Persons.
"This Act began in the House of Commons.
"The Lords add a Clause, That every Person, knowing any Jesuit, &c. to abide in England, and not discovering the same to some Justice or other within Twelve Days, shall pay a Fine at the Queen's Pleasure: Justice of Peace, to whom the Matter shall be discovered, not giving Notice to the Queen's Council, &c. within Twenty-eight Days, shall forfeit 200 Marks.
"C. 17. N. 17. An Act touching the Breadth of White Woollen Cloths, made within the Counties of Wilts, Gloucester, Somerset, and Oxon, &c.
"This Act began in the House of Commons; and in the last Clause, as it came from thence, if the Cloths were wanting in Weight, or exceeding in Length, the Clothiers were to incur the Penalties in the Statute of 4 & 5 P. and M. touching the making of Woollen Cloths.
"The Lords, by an Amendment to that Clause, doubled the Penalties.
"C. 22. N. 22. An Act for bringing the Haven of the City of Chichester, by a new-cut Channel, to the Suburbs of the same City.
"Any Person lading or unlading any Goods at any Wharf or Key in the new Cut, except such as shall be made for that Purpose, shall forfeit, for every Ton Weight, 20 s.
"N. 34. An Act for paving of Newark upon Trent, in the County of Nottingham:
"Owner of any House, not paving to the Breadth of his House before a Day named in the Act, shall forfeit 16 d. for every Yard unpaved; and not keeping the Pavement in Repair afterwards, shall forfeit 8 d. per Yard.
"N. 36. An Act for the paving the Town of New Windsor, in the County of Berks.
"Owner not paving, by the Time appointed by the Act, before his House, shall forfeit 12 d. for every Yard unpaved; and if he suffers the Pavement to go out of Repair afterwards, he shall forfeit 8 d. for every Yard.
"28 and 29 Eliz. N. 6. C. 6. An Act for the more speedy and due Execution of certain Branches of the Statute made in the 23d Year of the Queen's Majesty's Reign, intituled, An Act to retain the Queen's Majesty's Subjects in their due Obedience.
"Offender failing to pay the £ 20. a Month according to the Act, the Queen may seize and enjoy the Goods, and Two Parts of the Lands.
"And whereas by the Act 23 Eliz. the Third Part of the Forfeiture is limited to the Poor: It is Enacted, That the Lord Treasurer, Chancellor, and Chief Baron of the Exchequer, may assign the Third Part for Relief of the poor, impotent, and maimed Soldiers, any Thing in the former Act notwithstanding.
"N. 10. An Act for Confirmation of the Sale of the Lands of Edward Fisher, made towards Satisfaction and Payment of his Debts.
"This Act began in the House of Commons.
"The Lords add a Proviso, for taking an Accompt of the Sums to be raised; and, after Satisfaction of his Debts, it is Enacted, That the Overplus shall be applied for the Benefit of him and his Wife and Children, in such Manner and Form, and under such Pain, as to the Lord Chancellor, Lord Treasurer, and Master of the Rolls, or any Two of them, shall seem good.
"31. Eliz. C. 6. N. 6. An Act against Abuses in Election of Scholars and Presentation to Benefices.
"Person taking, or agreeing to take, any Money for a Resignation, shall forfeit Double the Sum, or Value of the Thing taken; and the Person giving, shall be uncapable of that Place for that Time.
"At the Time of Elections, this Statute and the Statutes of the Place to be publicly read; and the Person making Default herein shall forfeit £. 40.; One Moiety of the Forfeitures to the Person that will sue, the other Moiety to the Society where the Offences are commited.
"Person presenting to any Benefice for Reward, &c.; the Presentation, Institution, and Induction, to be void, &c.; and the Person, &c. making such Presentment, &c. shall forfeit Double the Value of One Year's Profit of the Benefice, &c.
"Person admitting or instituting for Reward, &c. shall forfeit Double the Value of One Year's Profit of the Benefice, &c.
"Giving or taking Money for resigning or exchanging a Benefice, both Giver and Taker to forfeit Double the Value of the Sum agreed for.
"The Moiety of the Forfeiture of the Double Value to the Queen, and the other Moiety to the Person that will sue for the same.
"The last Proviso in this Act, relating to the corrupt giving of Orders, &c. was added by the House of Commons.
"C. 7. N. 7. An Act against erecting and maintaining of Cottages.
"Person erecting of a Cottage, &c. shall forfeit Ten Pounds.
"Person continuing a Cottage, shall forfeit 40 s. a Month.
"The Proviso about Inmates was added to this Act by the House of Commons.
"C. 9. N. 9. An Act for Writs upon Proclamations and Exigents to be current within the County Palatine of Durham.
"Bishop or Chancellor of Durham shall have a Deputy in the Courts at Westm'r, to receive Writs of Proclamations, upon like Pains as by former Statutes Sheriffs of other Shires are bound to have.
"Bishop or Chancellor, failing to make due Return of Writs, Proclamations, &c. shall forfeit £. 5. for every Default; One Moiety to the Queen, and the other Moiety to the Informer.
"C. 12. N. 12. An Act to avoid Horse-stealing.
"Person selling a Horse, or Toll-gatherer not doing as the Act directs, shall forfeit £. 5.; the One Moiety to the Queen, the other Moiety to the Informer.
"C. 13. N. 13. An Act for reviving and enlarging of a Statute, made in the 23th Year of Her Majesty's Reign, for repairing of Dover Harbour.
"The said Act is revived; and every Customer and Officer is made chargeable for the Default of his Deputy, as for his own wilful Default; (videlicet,) to answer Ten Times the Value.
"35 Eliz. C. 1. N. 1. An Act to retain the Queen's Majesty's Subjects in their due Obedience.
"The Person who shall relieve or keep in his House a Recusant offending against this Law, shall forfeit £. 10. for every Default.
"The Three last Provisos in this Act (which relate to the Forfeiture of Goods and Chattels) were added by the House of Commons.
"C. 2. N. 2. An Act for restraining of Popish Recusants to some certain Places of Abode.
"Recusant Convict, not repairing to his usual Place of Dwelling, or removing Five Miles from thence, shall forfeit all his Goods and Chattels; and also shall forfeit his Lands, &c. during Life.
"Recusant Copyholder, offending as aforesaid, to forfeit his Copyhold Lands, during Life, to the Lord of the Manor, &c.
"C. 6. N. 6. An Act for the Restraint of new Buildings, converting of great Houses into several Tenements, and for Restraint of Inmates and Enclosures, in and near unto the Cities of London and Westm'r.
"No Person shall erect any new Building within either of the said Cities, &c. (except as in the Act is excepted) on Pain to forfeit for every Offence Five Pounds Quarterly.
"No Person shall divide any Dwelling-house into divers Dwellings (except as in the Act) upon Pain to forfeit £. 5. for every Offence; and the Person dwelling in such House shall forfeit £. 5. for every Month.
"Person receiving Inmates into his House, shall forfeit £. 5. for every Month.
"Persons severing with Hedges, &c. any Fields lying within Three Miles of London, &c. shall forfeit £. 5.; and £. 5. for every Month he shall keep them divided; One Moiety of all the said Penalties to the Churchwardens of the Parish to the Use of the Poor, and the other Moiety to the Informer.
"C. 8. N. 8. An Act for the avoiding of Deceit used in making and selling of Twine and Cordage; and for the better preserving of the Navy of this Realm.
"Person making Cables of old Stuff, which shall contain above Seven Inches in Compass, shall forfeit Four Times the Value of such Cable.
"Person tarring Cordage of old Stuff, being of a lesser Size, shall forfeit Treble the Value; the One Moiety of the said Forfeitures to the Queen, and the other to the Informer.
"39 Eliz. C. 1. N. 1. An Act against the decaying of Towns and Houses, and Husbandry.
"This Act repeals former Statutes, touching the Decay of Houses of Husbandry, in which are Penalties.
"Every Person, having offended against the said former Laws, who does not repair the said Houses, and lay Arable Lands thereto, as the Act directs, and every other Offender against the Act, shall forfeit £. 10. Yearly, till he shall perform what is required by the Act, in erecting or repairing Houses; and 10 s. Yearly for every Acre not used and ordered as the Act directs; One Third Part to the Queen, another Third Part to the Churchwardens, and the other Third Part to the Informer.
"C. 2. N. 2. An Act for the Maintenance of Husbandry and Tillage.
"This Act began in the House of Commons.
"As it came from that House, it was thereby Enacted, That every Person offending should forfeit, for every Acre not restored, or not continued, as the Act directs, the Sum of Twenty Shillings Yearly.
"The Lords made the Amendment as it now stands in the Act, ["shall forfeit, for every Acre, &c. the Sum of 20 s. for every Year that he or they shall so offend."]
"By the last Proviso but One in the Act, as it came from the House of Commons, it was ordained, That the Act should not extend to any Counties but those therein particularly named.
"The Lords extend the said Act to the County of Pembroke, which was not named by the Commons.
"The Lords also add the last Proviso, That the Act shall not extend to the Ground converted from Tillage to Meadow, lying within Two Miles of the Road called Watlin-Street.
"C. 4. N. 4. An Act for Punishment of Rogues, Vagabonds, and sturdy Beggars.
"It repeals all former Acts made for Punishment of Rogues, &c. in which were divers Penalties.
"That the Minister of the Parish, who shall not register Testimonials as the Act directs, shall forfeit 5 s. for every Default.
"That every Constable, not doing his Duty in apprehending Vagabonds, and punishing and conveying them according to the Act, shall forfeit for every Default 10 s.
"Every Person disturbing or letting the Execution of this Law, shall forfeit for every Offence £. 5.
"Person bringing in any Vessel, from Ireland, &c. any Vagabond, &c. shall forfeit for every Person 20s. to the Use of the Poor of the Parish where they shall be landed.
"And every Irishman, &c. who shall be so brought, shall, at the common Charge of the Country where he was set on Land, be re-transported; and every Constable neglecting the due Performance thereof shall forfeit 10 s. for every Offence.
"All Forfeitures by this Act shall be employed to the Repair of the Houses of Correction, and to make a Stock for the Poor.
"C. 18. N. 18. An Act for the Reviving, Continuance, Explanation, Perfecting, and Repealing, of divers Statutes.
"This Act began in the House of Commons.
"The Lords added the last Proviso, whereby the Statute of 35 Eliz. for the necessary Relief of Soldiers and Mariners (wherein there are several Pecuniary Penalties) is revived, and continued of Force to the End of the next Parliament, although in the Body of this Act, as it came from the House of Commons, it was excepted from being continued.
"C. 20. N. 20. An Act against the deceitful stretching and tentering of Northern Cloth.
"The Act began with the Commons.
"The last Proviso is added by the Lords; whereby it is Enacted, That all the Cloths made within the Counties mentioned in the Act, and brought up to London, shall be brought to Blackwel Hall, to be searched, dry, and out of Market-times, by the Searchers of the City, on Pain, that the Owner shall forfeit, for every Cloth not so brought, 40 s.; and that every Searcher searching in Market-times should forfeit, for every Search, £. 5.; One Moiety to the Queen, the other to the Informer.
"43 Eliz. C. 10. N. 10. An Act for the true making and working of Woollen Cloths.
"This Act began in the House of Commons.
"The last Proviso was added by the Lords; whereby it is Enacted, That, if any unwrought Woollen Cloth shall be found to have ben tentered or strained, the Merchant or Buyer may return the same to the Maker or Seller; and thereupon shall recover against him the Value of the Cloth, by Action of Debt, &c.
"C. 13. N. 13. An Act for the more peaceable Government of the Parts of Cumberland, Westmorland, and the Bishopric of Duresme.
"Some Offences by this Act are made Felony; and the Offenders to forfeit, as in Cases of Felony.
"Other Offenders are to be punished, as Justices of Assize, &c. shall think fit, &c. by Fine, &c.
"1 Jac. 1. C. 4. N. 4. An Act for the due Execution of the Statutes against Jesuits, Seminary Priests, and Recusants.
"Every Person sending a Child beyond Sea, with Intent to be resident in any College, &c. shall forfeit £. 100.; and every Person so sent, shall be disabled to inherit, &c.
"No Woman or Child shall be permitted to pass over Sea, unless by License, on Pain, that the Officer of the Port, neglecting his Duty, shall forfeit his Office, and all his Goods and Chattels; and the Owner of the Ship shall forfeit his Vessel and the Tackle; and the Master or Mariner shall forfeit all his Goods, and be imprisoned for Twelve Months.
"Every School-master, or Party retaining such School-master, contrary to the Intent of the Act, shall forfeit each of them, for every Day so offending, 40 s.; One Moiety of all the Forfeitures to the King, the other to the Informer.
"C. 7. N. 7. An Act for the Continuance and Explanation of the Statute, made in the 39th Year of the late Queen Eliz. intituled, An Act for Punishment of Rogues, Vagabonds, and sturdy Beggars.
"The Act began in the House of Commons; and thereby it was Enacted, That every Person should apprehend Rogues, &c. and carry them to the next Constable, on Pain to forfeit for every Default 10 s. to be levied and employed in Manner and Form as Penalties are to be levied and employed by the Act 39° Eliz.
"The Lords add, ["and, in Default of making such Levy, then to be levied and employed by the Lord of the Leet, or his Officer, where such Offence shall be committed, in such Manner as the Person authorized by the said former Statute might or should have levied and employed the same."]
"C. 9. N. 9. An Act to restrain the inordinate haunting and tippling in Inns, Alehouses, and other Victualing Houses.
"This Act began in the House of Commons.
"The last Proviso was added by the Lords; which enacts, That the Punishment of Offenders within the Two Universities, and the administering of Justice there, shall be by the Governors and other Officers of the Universities; and that no others shall intermeddle within their Liberties; and that all Penalties to be forfeited shall be levied by the Officers of the Universities; and that all Powers given by the Act shall be duly executed within the Universities by the Officers there.
"C. 12. N. 12. An Act against Conjuration, Witchcraft; and dealing with evil and wicked Spirits.
"It repeals the Act 5 Eliz.; and makes several Offences, therein mentioned, Felony.
"C. 19. N. 19. An Act for the well garbling of Spices.
"The Act began with the Commons, in which are several Penalties.
"The last Proviso is added by the Lords; whereby it is Enacted, That Merchants, not being Aliens or Denizens, bringing Merchandizes garbleable into the Realm, and not offering them to Sale, but transporting them within Eight Months, shall incur no Penalty by virtue of this Act.
"C. 20. N. 20. An Act for Redress of certain Abuses and Deceits used in Painting.
"It is thereby Enacted, That no Plaisterer shall use any Part of the Occupation of a Painter Stainer, on Pain of forfeiting £. 5. for every Offence; One Moiety to the King, the other to the Informer.
"C. 25. N. 25. An Act for continuing and reviving of divers Statutes, and Repeal of some others.
"This Act began with the Commons; whereby the Act made 24 H. VIII. for Reformation of Excess in Apparel, and another Act, bearing the same Title, made 1° and 2° P. and M. are repealed.
"The Lords, by an Amendment in that Clause, add, ["and all other Acts heretofore made concerning Apparel."]
"C. 31. N. 31. An Act for the charitable Relief and Ordering of Persons infected with the Plague.
"The Bill began in the House of Commons; and thereby several Powers are given, for making Weekly Rates.
"The last Proviso is added by the Lords; whereby Mayors and Justices of the Peace, &c. are excluded from executing the Powers of the Act in the Universities, or any Cathedral Churches, or the Colleges of Eaton and Winchester, or the Liberties or Precincts of any of them; and other Persons, therein named, are appointed to put the said Act in Execution.
"3 Jac. 1. C. 2. N. 2. An Act for Attainder of divers Offenders in the late most barbarous, monstrous, detestable, and damnable Treasons.
"Several Persons are by this Act attainted of High Treason; and subjected to all Penalties and Forfeitures, as in Cases of High Treason.
"The Two last Provisos in the Act were added by the House of Commons.
"C. 4. N. 4. An Act for the discovering and repressing of Popish Recusants.
"The Act began in the House of Commons.
"The Lords, by an Amendment, insert the several Penalties: That if a Recusant, having conformed, shall not receive the Sacrament of the Lord's Supper Once every Year, he shall forfeit, for the First Year, £. 20.; for the Second Year, £. 40.; and for every Year after, for such not receiving, £. 60. until he shall receive the Sacrament as aforesaid.
"And if, after the doing thereof, he shall not receive the Sacrament by the Space of One whole Year, he shall forfeit for such Offence £. 60.; the One Moiety of the said Forfeitures to the King, the other Moiety to him who will sue for the same.
"The Lords did also, by Amendments, except out of all the Clauses in the Act relating to the Tender of the Oath of Allegiance, all Noblemen and Noblewomen; and do add the Three last Provisos in that Act:
"In One of which, certain Persons are empowered to require the Oath of Noblemen and Noblewomen; and the Refusal to take it, is made a Præmunire.
"C. 7. N. 7. An Act to reform the Multitudes and Misdemeanors of Attornies and Solicitors at Law; and to avoid unnecessary Suits and Charges in Law.
"Attorney or Solicitor, delaying Suits, or demanding more Money than he has laid out, shall pay Costs and Treble Damages to the Party grieved.
"If an Attorney shall admit any other Person to follow Suits in his Name, each of them shall forfeit £. 20.; One Moiety to the King, the other Moiety to him who will sue for the same.
"C. 9. N. 9. An Act for Relief of such as lawfully use the Trade and Handicraft of Skinners.
"No Person shall employ others than Artisan Skinners in dressing Black Coney-skins, nor transport them unless dressed by Artisan Skinners, on Forfeiture of the Skins, or the full Value.
"The like Forfeiture, if a Merchant buys or sells a less Quantity of Skins than the Act directs.
"Persons retaining Servants to work with them, who have not served Seven Years at least as Apprentices, shall forfeit Double the Value of all Skins dressed by such Persons; the One Moiety of all Forfeitures to the King, the other Moiety to him who seizes the Skins, or sues for the Penalties.
"C. 11. N. 11. An Act for Transportation of Beer over Seas.
"The Act began with the House of Commons, and made the Sum to be paid 6 s. 8 d.: The Lords, instead of those Words, made it 8 s. 6 d. &c.
"C. 13. N. 12. An Act against unlawful Hunting, and stealing of Deer and Conies.
"Person breaking a Park, &c. shall suffer Imprisonment of Three Months, and pay Treble Damages and Costs.
"Person unqualified, using Guns, &c.; any Person, qualified as is described in the Act, may seize the Guns, &c. and keep them to their own Use.
"The Commons add the last Proviso; whereby the Penalties of the Act, as to Hunting, or killing Deer or Conies, are restrained to the Night-time.
"C. 18. An Act for bringing in a fresh Stream of running Water to the North Part of London.
"The Act began in the House of Commons.
"The last Clause is added by the House of Lords; which enacts, That all Things to be done, for the Conservation of the New River, shall be at the only Costs of the Mayor, Citizens, and Commonalty of London; and that all Fines and Amerciaments, to be imposed by the Commissioners of Sewers for Annoyances, &c. to the New River, &c. shall be to the Use of the Mayor, Citizens, and Commonalty of London, and their Successors.
"C. 20. N. 20. An Act for clearing the Passage by Water from London to the City of Oxford.
"The Penalty in the Act is the Forfeiture of the Treble Value.
"4 Jac. 1. C. 2. N. 2. An Act for the true making of Woollen Cloth.
"The Act began in the House of Commons.
"The First Penalty in the Act, as it was sent up by the House of Commons, was 6 s. 8 d.; the Lords made it 13s. 4d.
"The like Alterations were made in the Four following Penalties:
"The Penalty for blowing or wetting Cloths was made by the Commons a Forfeiture of 20 s.; the Lords made it 40 s.
"The Forfeiture, where the Cloth is longer than the Act appoints, was made by the Commons 5 s. and no more, for every Yard and Inch.
"The Lords increased it to 10 s.
"The Commons made the Forfeiture for every Whole Cloth falling Narrow, 10 s.; for every Half Cloth, 5 s.; and under the Half Cloth, 2 s. 6 d.
"The Lords doubled those Three Penalties.
"The Commons made the Forfeiture 3s. 4d. for every Yard, where the Cloth was of less Length than the Seal imported.
"The Lords made it 6 s. 8 d.
"By the Act, as it came from the Commons, the Searchers, who found the Cloth to exceed the Length, or want of the Weight, and certifying the same, were to have the whole Forfeiture.
"The Lords distribute the Penalty; and give a Moiety only to the Searcher, and the other Moiety to the King.
"21 Jac. 1. C. 3. N. 3. An Act concerning Monopolies, and Dispensations with Penal Laws, and the Forfeitures thereof.
"The Act began in the House of Commons; and thereby it is Enacted, That every Person, grieved or disturbed by any Monopoly, shall recover Three Times as much Damages as he shall sustain by reason of such Disturbance.
"The Lords add the Three last Provisos in that Act; whereby several Grants, &c. are entirely excepted out of the Penalties of the said Act.
"C. 22. N. 22. An Act for Explanation of the Statute made in the 3, 4, and 5th Years of King Edward the VIth, concerning the Traders of Butter and Cheese.
"The Act began with the Commons.
"The Act exempts divers Persons, therein mentioned, from the Penalties of the former Statutes.
"The last Proviso is added by the Lords; whereby it is Enacted, That if the Justices of the Peace, in any County, shall publish in Sessions, that the Trader so exempted shall forbear to buy Butter or Cheese for any Time within the said County, &c.; that then, during such Restraint, the Traders who shall buy Butter and Cheese, and sell it again by Retail, contrary to any of the former Acts, shall be subject to the Penalties therein contained, as if this Act had never been made.
"C. 28. N. 28. An Act for continuing and reviving of divers Statutes, and Repeal of divers others.
"The Act began with the Commons.
"Amongst the Statutes to be repealed; after Mention made of the Statute 28 H. VIII, touching the Prices of Wine, the Act, as it came from the Commons, was in these Words:
"["And that Part of One Statute made in the Seventh Year of the Reign of the late King Edward the Sixth, by which it is Enacted, That no Person or Persons whatsoever, from and after the Feast of St. Michael, in that Act mentioned, shall offer to or sell by Retail any Kind of Wine or Wines, to be drunk or spent in his or their Mansion-house or Houses, or other Place in his or their Tenure or Occupation, by any Colour, Craft, Engine, or Means, under the Pain in that Act mentioned ; (videlicet,) The Sum of Ten Pounds for every Day."]
"The Lords leave this whole Clause out of the Act.
"C. 32. N. 32. An Act making the River Thames navigable, for Barges, Boats, and Lighters, from the Village of Brecot, in the County of Oxford, to the University and City of Oxon.
"The Act appoints the Persons, who shall determine what Satisfaction shall be given in respect to Losses sustained, and who shall assess Inhabitants of Oxon at the Sums necessary for the Purposes in the Bill, and who shall make Orders, and set and execute Pains and Punishments upon the Breakers thereof; and that the Justices of the Assize, upon Complaint, shall have Power to abridge, moderate, and reform the same, &c.
"1° Car. 1. C. 4. N. 4. An Act for the Restraint of Tippling, in Inns, Ale-houses, and other Victualing Houses.
"This Act began in the House of Commons.
"The Lords added the last Clause; whereby the Keepers of Taverns, and such as sell Wine in their Houses, and do also keep Inns, or Victualing in their Houses, shall be taken to be within the Two former Statutes, and also within this Statute.
"3 Car. 1. C. 2. N. 4. An Act to restrain the passing or sending of any, to be Popishly bred, beyond the Seas.
"The Bill began in the House of Commons:
"And therein the Penalty was, Disability to sue any Action at Law, or sue any Suit in Equity, or to be Executor, or capable of a Legacy or Deed of Gift, or to bear any Office.
"The Lords add, ["and shall lose and forfeit all his Goods and Chattels, and shall forfeit all his Lands, &c. for and during his natural Life."]
"16 & 17 Car. 1. C. 1. N. 1. Parliaments to be held every Third Year.
"This Act began in the House of Commons.
"The Lords, by an Amendment, fix the several Days on which Parliaments are to meet; and the several Penalties of Forfeiture of Offices and Places, by those who make Default in their respective Duties; and also, that they shall be subject to such further Pains and Punishments as shall, by that or any other ensuing Parliament, be imposed on them.
"An Act for regulating the Privy Council, and taking away the Court called The Star Chamber.
"C. 10. N. 10. The Act began in the House of Commons.
"The Lords added the Penalty of £. 500.
"12 Car. II. C. 15. N. 17. An Act for speedy disbanding the Army and Garrisons of the Kingdom.
"The Act began with the Commons.
"The Lords add, That no Private Soldier, being disbanded, shall travel with his Fire Arms, on Pain of Forfeiture of his Arms, and being imprisoned, &c.
"C. 32. N. 38. An Act for prohibiting the Exportation of Wool, Woolsels, Fullers Earth, or any Kind of Scouring Earth.
"The Act began in the House of Commons.
"The Penalties in the Act were added by the Lords; (videlicet,) That the Sheep, Wool, Woolfels, &c. should be forfeited; and that every Offender should forfeit 20 s. for every Sheep, 3 s. for every Pound of Wool, Woolsels, &c.
"That the Owner of the Sheep should forfeit all his Interest in the Sheep, with the Apparel and Furniture.
"That the Master and Mariners assisting should forfeit all their Goods and Chattels, and be imprisoned for Three Months; that the One Moiety of the Forfeitures should be to the King, and the other to the Informer.
"That any Merchant, transporting Sheep, &c. should be disabled to require any Debt or Accompt from any Factor, concerning any Debt or Estate belonging to any such Offender.
"N. 55. An Act for levying of certain Monies, due upon the Collection for the Protestants of Piedmont.
"The Act began in the House of Commons.
"It takes Notice, that Part of the Money, (videlicet,) £. 8000. had been lent to Tems and Noel; and enacts, That all their Lands and Goods shall be charged with the Debt, to be levied by Process from the Exchequer, and paid to the Chamberlain of London, and disposed to the Use of the Protestants.
"The Lords add, That Interest shall be paid, at the Rate of £. 4. 10 s. per Centum, to the 20th December, and from that Time Six Shillings per Centum, and six several Days for Payment of the Principal and Interest; and, till Default of Payment at some of the Days, no Process shall issue; but, upon Default, the whole Debt and Interest to be levied at £ 6. per Centum, from the 20th of December, 1660.
"13 Car. IIdi, C. 1. N. 3. An Act for Safety and Preservation of His Majesty's Person and Government, against treasonable and seditious Practices and Attempts.
"The Lords, in the Clause of Disability to hold any Place, Office, or Employment, in Church or State, add the Exception following, ["other than that of Peerage."]
"In the Second Clause, which makes it a Præmunire to be guilty of the Offences therein mentioned, the Lords add, ["the affirming that both Houses of Parliament, or either of them, have a Legislative Power without the King."]
"C. 5. N. 6. An Act against Tumults and Disorders, upon Pretence of preparing or presenting public Petitions, or other Addresses, to His Majesty or the Parliament.
"The Penalty, for presenting a Petition with above the Number of Ten Persons at a Time, is enacted to be any Sum not exceeding £. 100. and Three Months Imprisonment.
"C. 9. N. 9. An Act for establishing Articles and Orders, for the regulating and better Government of His Majesty's Navy, Ships of War, and Forces by Sea.
"The Act has many Penalties in it.
"C. 10. N. 13. An Act to prevent the unlawful coursing, hunting, or killing of Deer.
"This Act began in the House of Commons.
"And, as it came from thence, One Moiety of the Penalty of £. 20. was given to the Informer, and the other Moiety to the King.
"The Lords altered that Part, and gave the King's Moiety to the Owner of the Deer.
"14 Car. II. C. 6. N. 28. An Act for enlarging and repairing of common Highways.
"This Act began with the House of Commons.
"The Act appoints, all Surveyors, within Twenty Days after Notice of their Election, shall view and repair all common Highways.
"The Lords make an Amendment, by adding these Words, ["on the Penalty of £. 5."]
"C. 31. N. 4. An Act to prevent the Inconvenience by melting the Silver Coin of this Realm.
"The Offenders shall forfeit the Coin so melted down, and also the Double Value of it.
"C. 32. N. 20. An Act for the better regulating the Manufacture of Broad Woollen Cloth, within the West Riding of the County of York.
"The Act began with the House of Commons; and the Penalty upon Clothiers, not conforming to the Rules of the Act, was a Fine not exceeding Twenty Shillings for One Offence.
"The Lords appoint a Moiety to the Use of the Corporation, and the other Moiety to the Poor of the Parish where the Offender is dwelling and inhabiting.
"By the Act, as it came from the Commons, the Master, Warden, or Assistant, was to forfeit the Sum of Twenty Shillings.
"The Lords add, ["the One Moiety to the Use of the Poor of such respective Town where the Person so refusing or neglecting shall live, the other Moiety to the Use of the Corporation."]
"This Act, as it came from the Commons, did enact, That the Searcher should try all Broad Woollen Cloths made in the West Riding, &c.; and if any of the Cloths were found faulty, the Persons therein mentioned were empowered to impose Fines, Penalties, &c.
"The Lords add these Words, ["the One Third Part of all such Fines and Penalties to be disposed of to the Use of such Searcher or Searchers, certifying the said Default of Length, Weight, or Breadth; and the other Two Parts to the Poor of the Parish where such Offence shall be committed; to be recovered in such Manner as is limited and appointed by the Statute made in the 21th Year of the late King James."]
"C. 33. N. 29. An Act for preventing Abuses, in printing seditious, treasonable, and unlicensed Books and Pamphlets; and for regulating of Printing and Printing Presses.
"The Penalty is, Forfeiture of the Books, and of 6 s. 8 d. for every Book; One Moiety to the King, the other Moiety to the Owner of the Copy, if he sues for the same within Six Months; otherwise to him that will sue.
"Printer, not setting his Name, shall forfeit the Books and the Presses.
"All Books from beyond Sea shall be brought to the Port of London, and not opened till viewed by such Person as the Archbishop of Canterbury, &c. shall appoint; and the Custom-house Officers, who shall suffer the contrary to be done, shall forfeit (fn. 2) his Office.
"He who shall import, from beyond Sea, Books, to the Copy of which any Person has a Right in England, shall forfeit 6 s. 8 d. a Book, and also the Books themselves; One Moiety of the Forfeiture to the King, and the other Moiety to the Proprietor of the Copy.
"Printer doing contrary to the Act, or other Person making Printing Presses contrary to the Act, or bringing them from beyond Sea, shall forfeit £. 5. for every Offence.
"Master Printer, refusing to receive a Journeyman as the Act directs, shall forfeit Five Pounds; One Moiety of the Forfeiture to the King, the other to the Informer.
"15° Car. II. C. 6. N. 11. An Act for the Relief of such Persons as, by Sickness or other Impediment, were disabled from subscribing the Declaration in the Act of Uniformity; and Explanation of Part of the said Act.
"The Act began in the House of Commons.
"The Lords add, That the Person who shall have Benefit by this Act shall make Allowance for serving the Cure, as shall be thought fit by the Ordinary; and shall pay all Charges wherewith the Benefice to which he is restored might be legally charged, since the Four and Twentieth of August, 1662: And it is Enacted and Declared, That the Penalties in the Act of Uniformity, inflicted upon any Body disabled by that Act to preach, shall extend to every Person so offending that is prohibited by that Act to preach.
"C. 11. N. 10. An additional Act, for the better ordering and collecting the Duty of Excise, and preventing the Abuses therein.
"The Act began with the House of Commons; but the Penalty of £. 50. for every Ton was an Amendment made by the Lords.
"In the same Act, the Lords add a Clause,
"That no Foreign Liquors shall be put on Shore out of any Ship, before due Entry made with the Officer of Excise, or before the Duty of Excise paid, on Pain of Forfeiture of the Liquors; One Moiety to the King, the other to the Informer: And that no Person bringing any Exciseable Liquors (except as in the Clause is excepted) by Coast, Cocket, Transire, Certificate, nor any Person to whom the same are consigned, shall cause such Liquors to be put on Shore, without making due Entry with the Officer of the Excise, on Pain to forfeit Double the Value of the Liquors put on Shore.
"C. 13. N. 5. An additional Act, for the better ordering and collecting the Revenue arising by Hearthmoney.
"The Act began with the Commons; and, as it came from them, it was provided, That if any Petty Constable, to whom such Accounts as aforesaid should come, shall neglect to transmit the same to the High Constable, he shall forfeit for every such Offence the Sum of £. 5.
"The Lords, by an Amendment, make the Petty Constable, &c. liable to the same Forfeiture, in case he shall make Default in giving such Notice, as in the said Act is before mentioned, or in comparing their Account with Two substantial Inhabitants, as in the Act before directed.
"16. Car. II. C. 4. N. 8. An Act to prevent and suppress seditious Conventicles.
"The Act began in the House of Commons; and thereby the Party was to be transported for the Third Offence.
"The Lords add a Proviso, That, if the Offender convicted for the Third Offence should pay £. 100. he should be discharged from Imprisonment and Transportation, and the Judgement for the same; and that the like Imprisonment and Proceedings should be against every Offender, as oft as he shall again offend, after the Third Offence: Nevertheless dischargeable by Payment of the like Sum as was paid for the Offence next before committed, together with the increased Sum of £. 100. more upon every new Offence committed; the said Sums to be disposed of as follows; (videlicet,) One Moiety for the Repair of the Parish Church where the Conventicle was held, and the other Moiety to the Repair of the Highways of the Parish, or such other Highways as the Justices shall appoint.
"The Lords do also add a Clause, That a Husband may redeem his Wife from the Twelve Months Imprisonment appointed by the Act, by paying down any Sum which the Court shall appoint, not exceeding £. 40.; the said Sum to be disposed of to the Churchwardens, for the Relief of the Poor of the Parish.
"The Proviso in the Act, That a Peer shall pay £. 10. for the First Offence, and £. 20. for the Second Offence, to be levied on his Goods and Chattels by Warrant, &c.; and that, for the Third, and every farther Offence, he shall be tried by his Peers, and not otherwise; was also added by the Lords.
"C. 7. N. 7. An Act against deceitful, disorderly, and excessive Gaming.
"The Offender against this Act is to forfeit Treble the Sums or Value of Money or other Thing so won; the one Moiety to the King, and the other Moiety to the Person who shall lose the Money, &c. so as he sue within Six Months; otherwise to any Person who will sue for the same.
"If any Person shall lose at Play above £. 100. at a Time upon Credit, he shall not be liable to pay the same; and the Security given for it shall be void; and the Winner shall lose Treble the Value of the Sum won, and pay Treble Costs to the Loser.
"16 and 17 Car. IIdi, C. 6. N. 8. An Act for repealing of an Act of Parliament, intituled, An Act, directing the Prosecution of such as are accountable for Prize Goods.
"By this Act, the former Statute, as to Admirals, Captains, Seamen, and Mariners, is repealed, and all Process against them discharged; and they are not to be disquieted for the future: But the Act is to stand * in Force against all Treasurers, Collectors, and others.
"C. 11. N. 21. An Act for draining of the Fen called Deeping Fen, and other the Fens therein mentioned.
"If the Undertakers do not amend any Breach within Ten Days, the Dike Reeves may do it at the Charge of the Trustees; and if the Dike Reeves do not repair them, and also pay all the Charges, Salaries, and Wages for Workmen, then the Persons themselves may enter; and may distrain, and sell the Distresses, and pay themselves.
"That, if any Person receive Damage by the Negligence of the Trustees, they shall make such Satisfaction as the Commissioners of Sewers shall appoint; and if the same be not paid within Twenty Days, they may distrain, and no Allowance of Replevin; and may sell the Distress, and satisfy themselves.
"In case any Bridge shall not be repaired by the Trustees, the Commissioners of Sewers shall decree what Sum shall be paid, and shall levy the same by Distress and Sale of Goods; if the Trustees do not finish the High Bridge over Spalding River before the 25th March 1672, they shall forfeit One Hundred and Fifty Pounds to Percy Church Esquire.
"No Person, keeping a Horse Boat at the Places mentioned in the Act, shall land any horsemen, with their Horses and Cattle, without License, on Forfeiture of Six Pence for every Horse and Neat Beast, and Four Pence for every Score of Sheep.
"That no Swine be put upon the Fens unringed, on Pain to forfeit 2 d. for every Hog unringed, &c.
"18° Car. IIdi, C. 5. N. 3. An Act for encouraging of Coinage.
"The Act began in the House of Commons; and thereby it is Enacted, That, for every Ton of Wine, Vinegar, &c. imported, several Duties shall be imposed, to defray the Expence of the Coinage.
"The Lords add a Clause, That, upon Non-payment of the respective Duties imposed by this Act, the Offenders shall be liable to the same Pains, Penalties, and Forfeitures, as, by the Acts of Tonnage and Poundage, and for Frauds, are appointed upon Nonpayment of the Duties in those Acts imposed upon Merchandizes of the same Nature.
"19. Car. IIdi, N. 5. An Act for banishing and disenabling the Earl of Clarendon.
"It is Enacted, That, if he shall return into England,he shall be liable to suffer the Pains and Penalties of High Treason; and Persons corresponding with him (except such as are excepted in the Act) shall suffer such Pains and Penalties as Persons corresponding with Traitors.
"20 Car. IIdi, C. 7. N. 2. An additional Act, against the Importation of Foreign Cattle.
"The Act began in the House of Commons.
"The Lords add a Clause, That not only the Constables and Officers, but the Inhabitants, may seize the Cattle imported; and if no Seizure be made, the Liberty, Parish, and Place, and the Inhabitants, for every Default, shall forfeit £. 100. to be employed for the Use of the House of Correction.
"The Lords also add a Clause, That if any Persons shall conspire to avoid the Seizures or Forfeitures, and shall put the same in Execution, they shall incur a Præmunire.
"22 Car. IIdi, C. 1. N. 3. An Act to prevent and suppress seditious Conventicles.
"The Act began in the House of Commons.
"As the Bill was framed in the House of Commons, in case of the Poverty of Offenders, the Fines might be levied on the Goods of any other Person, being convicted of being present at the same Conventicle, at the Discretion of the Justices.
"This Clause is restrained by the Lords; (videlicet,) so as the Sum to be levied on any Person, in Case of the Poverty of other Offenders, amount not in the Whole to above the Sum of £. 10. upon Occasion of any One Meeting.
"As the Act was passed in the House of Commons, One Moiety of the Fine was to be to the Use of the Poor of the Parish where the Offence was committed, and the other Moiety to the Informer, or such Persons as the Justices should appoint, &c.
"But the Lords distributed the Penalty in another Manner; (videlicet,) One Third Part to the King, One Third Part to the Poor, and the other Third Part to the Informer, &c.
"The Clause of Appeals was also added by the Lords, and the Penalty of Treble Costs in case of an unjust Appeal; the Penalty of £. 20. upon the Preacher, for his First Offence, was also by an Amendment of the Lords.
"C. 4. N. 7. An Act for settling the Imposition on Brandy.
"The Bill began in the House of Commons.
"The Lords add a Clause, That no Penalty, inflicted by any Acts of Parliament for Non-payment of the Duties mentioned since the First of November 1666, shall be levied upon any Person now in Arrear, till after Demand and Refusal to pay or secure the Duties within Three Months after the Demand; and, upon Security, all former Bonds to be delivered up; and that no Jury shall be subject to any Attaintment, by reason of any Verdict before that Time given.
"22 & 23 Car. IIdi, C. 20. N. 40. An Act for the Relief and Release of poor distressed Prisoners for Debt.
"If the Creditor will not be satisfied with the Prisoner's Oath, &c. but will insist to have him continued in Gaol, he shall pay Weekly such Sum for the Maintenance of the Prisoner, not exceeding 18 d. as the Justices shall appoint.
"The Prisoner, taking a false Oath, shall suffer such Pains and Forfeitures as per Statute 5° Eliz. shall be inflicted on those guilty of wilful Perjury.
"Sheriff or Gaoler, refusing or delaying to set the Prisoner at Liberty, according to the Order of the Justices, shall forfeit £. 100. to the Prisoner, to be recovered by Action of Debt; and shall be subject also to any Fine and Punishment, as the Court shall award.
"Sheriff or Gaoler, keeping Prisoners for Debt and Felons together in One Room, shall forfeit his Office and Employment, and also Treble Damages to the Party grieved.
"C. 23. N. 29. An Act to revive an Act, intituled, An Act to prevent the Disturbance of Seamen and others, and to preserve the Stores belonging to His Majesty's Navy Royal, with some Alterations and Additions.
"The Act revives the aforesaid Act, intituled, An Act to prevent, &c. together with the Forfeitures and Penalties for the Faults therein mentioned: It enacts, That where the Value of Goods embezzled is under 20 s. the Treasurer, Comptroller, &c. of the Navy may impose such Fine upon the Offender as they shall think meet, so as it do not exceed Double the Value of the Goods embezzled.
"The Person who shall fraudulently personate any Seaman, Soldier, &c. in order to receive his Wages, shall forfeit Double the Sum to the Chest of Chatham, and suffer Imprisonment for a Year.
"No ordinary Register, &c. shall take of the Executor of any Mariner, Soldier, Seaman, &c. above 5 s. for the Probate of the Will, and granting Administration, &c.; and if any Officer shall take more, or delay the Thing, he shall forfeit to the Party £. 10.
"C. 26. N. 37. An Act to prevent the planting of Tobacco in England, and regulating the Plantation Trade.
"The Act began in the House of Commons; and it is thereby Enacted, That any Ship belonging to the Plantations, having on Board any Sugars, Tobacco, &c. which shall unlade in any Place of Europe, other than in England, Wales, or the Town of Berwick upon Tweed, shall be forfeited, with all her Guns, &c.
"The Lords add, That One Moiety of the Forfeiture, in case of Condemnation, shall be to the King, the other to the Prosecutor.
"25° Car. IIdi, C. 2. An Act for preventing Dangers which may happen from Popish Recusants.
"The Act began in the House of Commons; but all the Seven Provisos were added by the Lords.
"29° Car. II. C. 7. N. 3. An Act for the better Observation of the LORD'S Day, commonly called Sunday.
"Tradesman, Artificer, &c. doing the Business of their Calling on the Lord's Day, shall forfeit 5 s.
"Persons exposing Goods to Sale on that Day, shall forfeit the Goods so exposed.
"Drover, Waggoner, &c. travelling on that Day, shall forfeit 20 s.
"Person using a Boat, &c. except upon an Occasion to be allowed by a Justice of the Peace, shall forfeit 5 s.; the Penalties to be employed to the Use of the Poor; but the Officer convicting may give a Reward to the Informer, not exceeding a Third Part of the Forfeitures.
"Person serving a Writ, &c. on that Day, shall answer Damages, as though he had done it without a Writ.
"30 Car. IIdi, C. 3. N. 4. An Act for burying in Woollen.
"No Person shall be buried in any Stuff or Thing, other than what is made of Sheep's Wool, &c. on Pain of Forfeiture of £. 5; One Moiety of the Forfeiture to the Use of the Poor, the other Moiety to the Informer.
"Parsons, Churchwardens, or Justices of Peace, neglecting their Duties, shall forfeit £. 5. respectively; One Fourth Part to the King, Two Fourths to the Poor, and the other Fourth to the Informer.
"Overseer of the Poor shall give an Account of all Burials, on Forfeiture of £. 5.
"C. 9. N. 9. An Act for Preservation of Fishing in the River Severn.
"Persons, fishing with other Nets than are allowed by the Act, shall forfeit £. 5. for every Offence; and also the Fish taken, and their Nets.
"Any Person who waters Hemp or Flax in the River shall forfeit £. 5. Every Person, who, between the 1st March and the Last of May, uses any Net or Instrument, whereby the Spawn or small Fry of Fish may be taken or destroyed, shall forfeit 40 s. for every Offence, and the Nets and Instruments.
"Justices of Peace shall grant Warrants, to search suspected Houses, &c. for Nets, &c.; and, upon View, shall cause them to be burnt and destroyed.
"1° W. & M. C. 9. N. 13. An Act for the amoving Papists, and reputed Papists, from the Cities of London and Westminster, and Ten Miles Distance from the same.
"Persons, mentioned in the Act, refusing to make and subscribe the Declaration mentioned in the Statute 30 Car. IIdi, intituled, (An Act for the more effectual preserving the King's Person and Government, by disabling Papists to fit in either House of Parliament,) upon Tender made to them, shall suffer as Popish Recusants Convict.
"C. 15. N. 20. An Act for the better securing the Government, by disarming Papists, and reputed Papists.
"The Act began in the House of Commons; and, as it came from thence, the Person refusing the Test therein mentioned was declared to be a Popish Recusant Convict, to all Intents and Purposes whatsoever, and to be subject to all the Punishments and Disabilities as a Popish Recusant Convict is, or may be, liable or subject to, by any the Laws or Statutes of this Realm.
"The Lords leave out that Clause; and instead thereof insert, ["shall be liable and subject to all and every the Penalties, Forfeitures, and Disabilities, hereafter in this Act mentioned."]
"C. 18. N. 25. An Act for exempting Their Majesties Protestant Subjects, dissenting from the Church of England, from the Penalties of certain Laws.
"The Act, as to the Persons therein mentioned, does repeal divers former Statutes wherein were Penalties, and discharges all Penalties before that Time incurred by such Persons.
"Persons going to Meetings, and refusing to subscribe the Declaration in the Statute made 30 Car. IIdi, and to take the Oath or Declaration of Fidelity mentioned in this Act, shall be committed to Gaol till the next Sessions.
"And refusing upon a Second Tender, at the Quarter Sessions, shall incur all Penalties and Forfeitures to which a Popish Recusant Convict is liable.
"Every Person, who shall willingly come into any Cathedral Church, or other Congregation permitted by this Act, and make Disturbance there, shall, upon Conviction, forfeit the Sum of Twenty Pounds.
"The Commons add, ["to the Use of the King and Queen's Majesties, Their Heirs and Successors."]
"C. 21. N. 33. An Act for enabling Lords Commissioners of the Great Seal to execute the Office of Lord Chancellor or Lord Keeper.
"Custos Rotulorum selling the Clerkship of the Peace, and Clerk of the Peace buying his Place, are both disabled to hold their respective Offices, and each made liable to forfeit Double the Value of the Sum or Thing given or taken.
"C. 25. N. 41. An Act to regulate the Administration of the Oaths required to be taken by Commission or Warrant Officers employed in Their Majesties Service by Land, by virtue of an Act made this present Session of Parliament, intituled, An Act for the abrogating the Oaths of Supremacy and Allegiance, and appointing other Oaths.
"Persons refusing to take the Oath, and subscribe the Declaration, as the Act directs, shall not be allowed upon the Musters, and their Commissions shall be void.
"C. 34. N. 49. An Act, prohibiting all Trade and Commerce with France.
"The Act began with the House of Commons.
"The last Clause in that Act was added by the Lords; whereby it is Enacted, That every Merchant, Vintner, &c. selling Wine by Wholesale or Retail, who shall corrupt, sophisticate, or adulterate, any Wine, or shall sell any Wine corrupted, sophisticated, or adulterated, shall forfeit £. 300. for every Offence; One Moiety to Their Majesties, the other Moiety to the Informer, and shall suffer Three Months Imprisonment.
"Sess. 2da, C. 4. N. 6. An Act for punishing Officers and Soldiers, who shall mutiny, or desert Their Majesties Service; and for punishing false Musters.
"Person giving or procuring a false Certificate, whereby to excuse Soldiers for their Absence from any Muster, shall forfeit for every Offence Fifty Pounds, and be cashiered, and disabled to hold any Military Office or Employment.
"The like Penalty upon any Officer that makes a false Muster, and upon every Commissary who allows of a false Muster-roll, or who shall not give Notice of the Muster to the Chief Magistrate, as the Act directs.
"Person furnishing a Horse to be falsely mustered, shall forfeit the Horse if it be his own, or otherwise shall forfeit £. 20. and shall be committed to the House of Correction Six Months for Non-payment; the Forfeitures to be paid out of the Arrears, in case there be any; otherwise the Court Marshal may send and seize the Goods of the Offender, in order to pay the same.
"Paymaster detaining the Pay of any Officer or Soldier, by the Space of a Month after he has received it, shall forfeit £.100. to the Informer, &c.
"All the following Clauses in this Act were added by the Commons.
"2 & 3 W. & M. C. 6. N. 12. An Act for punishing Officers and Soldiers, who shall mutiny, or desert Their Majesties Service, and for punishing false Musters.
"The Act began in the House of Commons.
"As it came from thence, the Act directed, that every Paymaster, Agent, &c. shall forfeit to the Informer, upon Conviction, £. 100, to be raised as aforesaid.
"The Lords add, ["and shall be thereby disabled to have or hold any Civil or Military Office in this Kingdom, or in Their Majesties Service."]
"The Commons at first disagreed to this Amendment; but afterwards agreed, upon the Lords insisting.
"As the Bill came from the Commons, the Paymaster or Paymasters are required, upon Certificate by the Justices of the Sums due upon the Accompts, and of the Persons to whom the same were owing, to pay the said Sums out of the Arrears due to the Officers.
"The Lords add, ["upon Penalty that such Paymaster or Paymasters shall forfeit and lose their respective Place and Places as Paymaster or Paymasters, and be disabled from holding the same for the future."]
"The Lords also added the last Clause in the Act, That this Act shall be construed to extend to the Islands of Jersey and Guernsey; as to the Clauses therein for mustering and paying, and the Penalties thereunto belonging.
"The Commons agreed to the First Part of this Amendment; but disagreed to the Words which followed after Guernsey.
"But afterwards, on the Lords insisting, they agreed to the whole Amendment.
"C. 17. N. 13. An Act for reviving a former Act, for the regulating the Measures and Prices of Coals.
"The said Act, in which there are Penalties, is revived, and made to continue for Seven Years.
"C. 18. N. 14. An Act for paving and cleansing the Streets, in the Cities of London and Westminster.
"The Act began in the House of Commons; and thereby it was Enacted, That every Householder, in the Parishes within the Counties of Midd'x, &c. should hang out Candles in Lanterns, as the Act directs, on Forfeiture of Two Shillings for every Default.
"The Lords except from this Forfeiture Persons who shall agree to make Use of Lamps, of any Sort, to be placed at some Distances in the Street, as shall be approved by Two Justices of the Peace.
"C. 23. N. 34. An Act for preventing vexatious Suits against such as acted for Their Majesties Service, in Defence of the Kingdom.
"All Suits and Indictments are discharged by that Act; and if any Action be commenced or prosecuted, the Defendant shall have Double Damages.
"3 W. & M. C. 2. N. 2. An Act for abrogating the Oath of Supremacy in Ireland, and appointing other Oaths.
"The Act began in the House of Commons.
"The Lords added the Clause relating to Persons having Ecclesiastical Promotions in Ireland, who should happen to be in England the First Day of Hillary Term 1691; and also to the Master of the College of Dublin, or any Barrister, Clerk in Chancery, Attorney, &c. who should reside in England on the said First Day of the said Term: That, if any of the said Persons neglect or refuse to take the Oaths and Declaration mentioned in the Act, before the End of the said Term, they shall be disabled to have or enjoy such Office, Promotion, Place, or Employment; provided, that the Act should not extend to disable Persons who, the 3d October 1691, were in Irish Garrisons, &c. from using the Profession of Barrister at Law, Clerk in Chancery, Attorney, or Practiser of the Law or Physic, as they did in the Reign of King Charles the Second.
"The following Clause was also added by the Lords, (videlicet,) That if any such Person, before he had taken the Oath to bear Faith and true Allegiance to Their Majesties, in the King's Bench in Ireland, &c. should use such his Calling or Profession, he should forfeit the Sum of Five Hundred Pounds, and should be uncapable for the future.
"The Lords also added a Clause, That every Person summoned to take the Oath of Allegiance, if he should refuse to appear, or take the Oath, he should be committed for Three Months, unless he paid down such Sum, not exceeding 40 s. as the Justices requiring him to take the Oath should appoint; and for the Second Default, should be committed for Six Months, unless he paid such Sum as should be required, not exceeding £.10. nor under £.5.; and the Third Refusal is made a Præmunire.
"The Proviso for Quakers was also added by the Lords.
"3 & 4 W. & M. C. 9. N. 3. An Act to take away Clergy from some Offenders, and to bring others to Punishment.
"It is thereby Enacted, That if any Person buys or receives stolen Goods, knowing them to be stolen, he shall be deemed an Accessary to the Felony after the Fact, and shall suffer and forfeit accordingly.
"The following Clause, which makes it Felony for Lodgers to rob their Lodgings, was added by the House of Commons.
"C. 13. N. 4. An Act against corresponding with Their Majesties Enemies.
"Several Offences therein mentioned are made High Treason, and the Offenders to suffer as in Cases of High Treason.
"Other Offenders are to incur Præmunire.
"And other Offences are made punishable by Imprisonment, not exceeding Twelve Months.
"4 & 5 W. & M. C. 7. N. 7. An Act to prevent the Abuses committed by Traders in Butter and Cheese.
"The Act began in the House of Commons.
"The Clause which gives the Appeal to the Session, so as the Person appealing give a Bond of £. 20. with Sureties to pay such Costs as the Court shall allow, within One Month after the Appeal determined, in case no Relief be given, was added by the Lords.
"C. 19. N. 4. An Act for preventing Suits against such as acted for Their Majesties Service, in Defence of the Kingdom.
"It does enact, That all Actions, Indictments, &c. by reason of the Premises, shall be discharged and void; and gives Double Costs to Persons so discharged, in case they shall be afterwards used or molested.
"C. 25. N. 21. An Act for continuing the Act prohibiting all Trade and Commerce with France, and for Encouragement of Privateers.
"The Act began in the House of Commons.
"The Lords add a Clause, That if the Commissioners for Prizes fail in paying to the Private Men of War the Reward of £. 10. per Gun, they shall lose their Places, and be uncapable of any Office in Their Majesties Service.
"5 & 6 W. & M. C. 12. N. 12. An Act to take away the Process for the Capiatur Fine in the several Courts at Westminster.
"The Act began in the House of Commons.
"It was thereby Enacted, That the Plaintiff, upon signing Judgement, shall pay to the Officer, in full Satisfaction of the said Fine, &c. the Sum of 6 s. 8 d.
"The Lords add, ["to be distributed in such Manner as Fines and Fees of this Kind have usually been, and not otherwise."]
"C. 8. N. 15. An Act for the explaining and more effectual Execution of a former Act, for Relief of poor Prisoners.
"The Lords add the Clause in that Act, whereby the Gaoler, &c. for refusing to take the Oath appointed by that Law, shall forfeit and pay to the Prisoner, thereby detained, the Value of the Debt for which he is imprisoned; to be recovered by Action of Debt.
"By the Act, as it came from the Commons, the Sheriffs, Gaolers, Clerks of the Peace, or other Officers, who should take of a Prisoner to be discharged above 6 s. 8 d. upon any Pretence, should incur the Forfeiture of his Office and Interest respectively.
"The Lords leave out ["the Forfeiture of Office and Interest;"] and make it ["Forfeiture of the Value of the Debt,"] to be recovered as aforesaid.
"To which Amendment the Commons agree, only changing the Word ["Forfeiture"] to ["forfeiting."]
"6 & 7 W. & M. C. 17. An Act to prevent the counterfeiting and clipping the Coin of this Realm.
"This Act began in the House of Lords.
"The Penalties, as they now stand in the Act, are Amendments made in the House of Commons.
"But the Distribution of the Penalties, (videlicet,) One Moiety to the King, and the other Moiety to the Informer, was by Amendment of the House of Lords.
"7 & 8 W. III. C. 13. N. 27. An Act for taking off the Obligation and Encouragement for coining Guineas, for a certain Time therein mentioned.
"The Act began in the House of Commons.
"The last Clause in the Act, That, from and after the Second Day of March, to the First Day of January, it should not be lawful for any Person to import Guineas or Half Guineas into the Kingdom, upon Forfeiture of all such Guineas or Half Guineas, One Moiety to the King, the other Moiety to the Informer, was added by the Lords.
"C. 22. N. 46. An Act for preventing Frauds, and regulating Abuses, in the Plantation Trade.
"This Act began in the House of Commons.
"The Lords add a Clause, That Goods may be exported or imported, to and from the Plantations, in Ships taken and condemned as Prize, &c. and in Foreign-built Ships employed by the Commissioners of the Navy for bringing of Naval Stores, &c. notwithstanding any Law to the contrary.
"The Lords also add another Clause, That the Proprietors of Islands, or Tracts of Land in the Continent of America, shall not alien the same to others than natural-born Subjects of England, &c.; and that all Governors appointed by Proprietors shall be allowed by the King, and take the Oaths enjoined by this or any other Act to be taken by the King's Governor, under the like Penalties the King's Governors are by the said Act liable to.
"Note, The Penalty in this Act for such Governor is, Loss of his Government, and Forfeiture of One Thousand Pounds.
"The Lords also add a Clause, That no Ship shall be deemed a Ship of the Built of England, &c. till the Owner shall register the Ship in the Manner the Clause directs, on Penalty of being liable to such Prosecution and Forfeiture as Persons trading to the Plantations in a Foreign-built Ship are liable to.
"Likewise, That no Ship taken as Prize by Letters of Marque shall have the Privilege of an English-built Ship, until it be specially registered, according to the Meaning of the Act, &c.
"8 & 9 W. III. C. 18. N. 37. An Act for Relief of Creditors, by making Compositions with their Debtors, in case Two Thirds in Number and Value do agree.
"This Act began in the House of Commons; and thereby, to prevent Frauds, an Oath is to be made before a Master in Chancery, &c.
"The Lords add a Clause, That if any Person shall, upon such Oath, wilfully forswear him or her self, he or she so offending shall be liable to, and suffer, all Penalties and Forfeitures appointed or inflicted for Perjury by the Common or Statute Laws of this Realm.
"C. 26. N. 61. An Act for the better preventing the counterfeiting the current Coin of this Kingdom.
"Several Offences are made Treason by that Act, and other Offences are thereby made Felony.
"C. 31. N. 58. An Act for the easier obtaining Partition of Lands in Coparcenary, Joint Tenancy, and Tenancy in Common.
"The Act began in the House of Commons; and, as it came from thence, the Person appealing, and not prevailing in his Appeal, was to pay Double Costs.
"The Lords reduced it to Single Costs, by an Amendment.
"9 & 10 Gul. III. C. 36. N. 76. An Act for the Increase and Preservation of Timber in The New Forest, in the County of Southampton.
"The Act began in the House of Commons; and thereby all Grants of the Forest, or the Woods or Trees there, are declared to be void; and the Grantee to forfeit Treble the Value.
"The Lords add, ["and shall also be incapable of holding or enjoying any Office or Employment whatsoever."]
"The Lords also add a Clause at the End of the Bill, ["That if any Officer whatsoever shall offend, in cutting down and disposing of any Trees contrary to the Intent of this Act, such Officer shall, for such his Offence, forfeit his Office."]
"10 & 11 W. III. C. 4. N. 8. An Act to prohibit the excessive distilling of Spirits and Low Wines from Corn; and against the Exportation of Beer and Ale; and to prevent Fraud in Distillers.
"The Act began in the House of Commons; in which there are several great Penalties upon Offenders.
"The Lords, by a Clause added to the Bill, provided, That nothing in the Act should extend to hinder Charles Bennet from drawing or distilling Spirits, or Low Wines, within such Times, and in such Quantities, as are mentioned in the Clause.
"11 & 12 Gul. III. C. 7. N. 17. An Act for the more effectual Suppression of Piracy.
"The Act began in the House of Commons.
"The Lords add a Clause, That if any of the Governors in the Plantations, or any Person in Authority there, shall refuse to yield Obedience to this Act, such Refusal is hereby declared to be a Forfeiture of all and every the Charters granted for the Government or Propriety of such Plantation."
Hitherto examined, this 10th Day of March, by us, 170 2/3;,
Stamford.
Ric. Peterborough.
John Chichester.
Herbert.
Jo. Bangor.
Occasional Conformity, Bill to prevent; Reasons for insisting on Amendments to it:
The Lord Steward also reported from the Lords Committees, the Reasons drawn by them for their Lordships insisting on their Amendments to the Bill, intituled, "An Act for preventing Occasional Conformity."
Which were read, and agreed to by the House, as followeth; (videlicet,)
"The Lords insist on the Second and Third Amendments in the Preamble of the Bill:
"Because the Words left out by this Amendment are introduced to the Clause left out by their Lordships in the Fifth Amendment. Besides, as the Law now stands, there are many Offices and Employments to which Persons may be admitted, without being under an Obligation to receive the Sacrament on that account; and therefore they cannot agree to let a Clause stand, wherein a Matter of Fact is positively affirmed, which they take to be otherwise.
"The Lords insist on the Fourth Amendment, because it depends on the former.
"The Lords insist on their Fifth Amendment:
"Because the Act of the 25th of King Charles the Second, called "The Test Act," which has been found by Experience to have been an effectual Security against Popery, and which their Lordships are willing to enforce yet further by this Bill as to the Diffenters, is known to every Body; and it is generally understood to what Employments it does extend: And therefore their Lordships think it reasonable to rest there, and not to subject Men to the Penalties of this Bill upon general or uncertain Words.
"The Lords do not go about to take away the Force of the Corporation Act, or to lessen any Security the Church of England has by it; but cannot agree to extend the Penalties of this Bill to the general Words of that Act, which, by Construction, hereafter may serve Purposes which are not owned at present to be the Intent of this Bill.
"The Lords insist on their Eighth Amendment, which relates to the Punishments as they stood when the Bill was sent up from the House of Commons.
"Whatever Regard their Lordships may have to Reasons which the House of Commons are resolved never to depart from; they hope it will not seem strange, that they are not convinced by such Reasons as are not thought fit to be offered: But, in Justification of their Amendment, their Lordships think fit to say, that as they have an undoubted Right to begin Bills with Pecuniary Penalties, and to alter and distribute Pecuniary Penalties in Bills sent up to them by the House of Commons (which Right their Ancestors have always enjoyed, and from which their Lordships can never depart), so, they are convinced, there never was a more just Occasion of making Use of that Right than in the present Case.
"They conceive, the Penalty of One Hundred Pounds, and Five Pounds a Day for every Day after the Offence committed, to be excessive; and the Whole being given to the Informer, would prove a dangerous Temptation to Perjury, and a pernicious Encouragement to Informers, the most odious Sort of Persons, which would be a Blemish on the best Reign.
"Their Lordships have given a sufficient Proof of their Willingness to make this Bill as effectual as will consist with Reason, by agreeing to such a Pecuniary Penalty (besides the Loss of Office), as may be a proper Encouragement to Informers to swear the Truth, though not perhaps a sufficient Temptation to go further.
"As to the Ninth Amendment; the Commons say they disagree, because they think Incapacity a proper Punishment for this Offence.
"1. The Lords insist upon their Amendment, because they think directly the contrary.
"2. Their Lordships observe, that, as the Law now stands, any Person having an Office may be present at Mass upon much easier Terms, than he might be present at a Conventicle if the Lords should depart from this Amendment.
"3. The Lords think an Englishman cannot be reduced to a more unhappy Condition, than to be put, by Law, under an Incapacity of serving his Prince and Country; and therefore nothing but a Crime of the most detestable Nature ought to put him under such a Disability: They who think the being present at a Meeting to be so high a Crime, can hardly think that a Toleration of such Meetings ought to continue long; and yet the Bill says, "The Act of Toleration ought to be kept inviolable."
"The Lords do not think it at all necessary to make an Increase of Punishment for a Second Offence, because the First Offence is made Forfeiture of Office; and when the Office is gone, the Person may go to a Meeting, without Breach of any Law, while the Act of Toleration continues; and if he shall afterwards get another Office, he will forfeit the same, and incur the Penalties in this Act, if he shall ever after be present at a Conventicle; which their Lordships think sufficient Punishment for a Second Offence.
"2d Skin, 33 Line. The Lords agree to the Commons Amendments to their Lordships Amendment, with the Addition of the Words following, after the Words ["prayed for"]; (videlicet,) ["in Pursuance of the Act passed in the First Year of King William and Queen Mary, intituled, "An Act declaring the Rights and Liberties of the Subject, and settling the Succession of the Crown;" and the Act passed in the 12th and 13th of King William the Third, intituled, "An Act for the further Limitation of the Crown, and better securing the Rights and Liberties of the Subject."]."
"The Lords insist on the Clause (B):
"Because, to leave Protestant Diffenters subject to Penalties if they do not accept of Offices, and at the same Time to restrain them, if they accept of them upon the Penalties of this Bill, from doing what they think themselves obliged to in Conscience, is Persecution for Conscience, and does not agree with what is set forth in the Preamble of the Bill.
"The Lords insist on Clause (C):
"Because they see no Reason why being present at Sermons or Lectures preached or read in the Universities, and established by ancient Custom, and with very good Intentions, should subject Men to the Danger of incurring the Penalties of this Law; and the same Clause was thought necessary in the Act of Uniformity.
"The Lords insist on Clause (D):
"Because the Foreign Reformed Churches allowed, or to be allowed, were by the Act of Uniformity exempted from the Penalties of that Law; and other Foreign Protestants, who have been forced out of their own Country by a cruel Persecution, have settled here in England, by Encouragement from Parliaments, as well as from the Crown: It would have a strange Appearance, if it should be thought so high an Offence for any of Her Majesty's Subjects in Office but Once to be present at their Way of Worship.
"This would give such a Discountenance to those of the same Religion Abroad, as would no Way suit with Her Majesty's Character of Head of the Protestant Interest in Europe.
"The Lords insist on Clause (E):
"Because the Persons concerned in it have no Profit, nor any Trust but what relates to the Poor; and, without this Clause, Charitable Foundations, as Hospitals, Public Work-houses, and the like, would meet with Discouragement, and the Number of them might be lessened."
Message to H. C. for a Conference on the Subject.
Then a Message was sent to the House of Commons, by Sir Robert Legard and Dr. Edisbury:
To desire a Conference with the House of Commons, To-morrow, at Twelve a Clock, in the Painted Chamber, upon the Subject-matter of the last Conference upon the Bill, intituled, "An Act for preventing Occasional Conformity."
Adjourn.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad & in diem Sabbati, nonum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.