Sodomy.

Misdemea

XXXII.

If any perfon or perfons in or belonging to the fleet, fhall commit the unnatural and deteftable fin of buggery or fodomy with man or beaft, he fhall be punished with death without mercy.

XXXIII.

All other faults, mifdemeanors, and diforders committed at nors, and dif- fea, not mentioned in this act fhall be punished according to the orders at fea. laws and customs in fuch cases used at fea.

The lord high admiral's power to grant comiffions to call courtmartials.

Judge-advo cate of any fleet to admi.

nifter an oath

for trial of of

fences. Court-mar

tial.

Provifo touch

admiral.

XXXIV.

And it is hereby further enacted, That the lord high admiral for the time being, fhall by virtue of this act have full power and authority to grant commiffions to inferior vice-admirals, or commanders in chief of any squadron of fhips, to call and affemble court-martials, confifting of commanders and captains; (2) and no court-martial where the pains of death shall be inflicted, fhall confift of less than five captains at least, the admirals lieutenant to be as to this purpose esteemed as a captain; (3) and in no case wherein sentence of death shall pass by virtue of the articles aforefaid, or any of them (except in cafe of mutiny) there fhall be execution of such sentence of death, without the leave of the lord high admiral, if the offence be committed within the narrow feas: but in cafe any of the offences aforefaid be committed in any voyage beyond the narrow feas, whereupon sentence of death fhall be given in pursuance of the aforefaid articles, or any of them; then execution fhall not be done but by order of the commander in chief of that fleet or fquadron wherein fentence of death was paffed.

XXXV.

And be it further enacted and declared, That the judge-advocate of any fleet, for the time being, fhall have full power and authority to adminifter an oath to any perfon or witness in order to the examination or tryal of any of the offences aforefaid; and in the abfence of a judge-advocate, the court-martial fhall have full power and authority to appoint any perfon to adminifter an oath to the purpose aforefaid."

XXXVI.

Provided alfo, and be it further enacted by the authority 2ing the pow, forefaid, That this act, or any thing or things therein containers of the lord ed, fhall not in any manner of wife extend to give unto the lord admiral of England for the time being, or to any his viceadmirals, judge or judges of the admiralty, his or their deputy or deputies, or to any other the officers or minifters of the admiralty, or to any others having or claiming any admiral power, jurifdiction or authority within this realm and Wales, or any other the King's dominions, any other power, right, jurisdiction, preheminence, or authority, then he or they or any of them, lawfully have, hath, or had, or ought to have and enjoy before the making of this act, other then for fuch of the offences Specified in the feveral articles contained in this act, as hereafter

repeated by

22 Gto. 2.

1.33.

fhall

fhall be done upon the main fea, or in fhips or veffels being and hovering in the main ftream of great rivers, only beneath the bridges of the fame river nigh to the fea, within the jurisdiction of the admiralty, and in no other places whatfoever, and committed only by fuch perfons as fhall be in actual service and pay in his Majefty's fleet, or ships of war.

CAP. X.

An act to prevent the unlawful courfing, bunting or killing of deer.

FOR, the better preventing of the unlawful courfing, hurting,

taking or killing of deer, by many idle, loofe and diforder- Unlawful ly perfons, (2) be it enacted by the King's most excellent ma- hunting or killing of deer: jefty, and by the advice and confent of the lords and commons in parliament affembled, and by the authority of the fame, That if any person or perfons fhall from and after the first day of Auguft next unlawfully courfe, kill, hurt or take away any red or fallow deer in any foreft, chafe, purlieu, paddock, wood, park 3 Mod. 114. or other ground where deer are or have been ufually kept with- 2 Show. 495. in the realm of England or dominion of Wales, without the confent of the owner or person chiefly intrufted with the cuftody thereof, or fhall be aiding or affifting therein, and shall be convicted thereof by the confeffion of the party, or by the oath of one or more credible witneffes, before one or more justices of the peace, (who are hereby impowered to administer an oath to that purpose) fuch perfon being profecuted for fuch offence within fix months after fuch offence done; that then every perfon fo offending, thall forfeit for every fuch offence the fum of twenty pounds; (3) to be levied by way of distress upon the The penalty. goods and chattels of every fuch offender, by warrant under the juftices hand before whom such conviction fhall be made; (4) Raym. 458. the one moiety of the faid twenty pounds to be given to the informer, and the other moiety to the owner of the deer; (5) and for want of fufficient diftrefs, the offender fhall be committed to the house of correction for fix months, and there to be put to hard labour; or to the common gaol for one whole year, without bail or mainprife, at the difcretion of the juftices of the peace before whom fuch conviction fhall be (and not to be difcharged from thence till he or they have given fufficient fureties for their good behaviour for one whole year next enfuing after 3 & 4 W. & M. his or their inlargement :) (6) provided, That where any offen- c. 10. der fhall be punished by force of this act, that he thall not be 5 Geo. 4. c profecuted, nor incur the penalty of any other law or ftatute for Geo.. the fame offence. 19 H. 7. c. 11. 3 Fac. 1. c. 13. 7 Jac. 1. 10 Geo..€ ja

.13.

CAP. XI.

An alt for confirming of three acts therein mentioned.

E it enacted by the King's moft excellent majefty, by and with the advice and consent of the lords and commons in this prefent parliament affembled, and by the authority of the

C 2

fame,

28.

Taxes.

fame, That the feveral acts herein after mentioned, made or mentioned to be made upon or fince the twenty-fifth day of April in the twelfth year of his faid Majefty's reign, by his said Majefty, by and with the advice and confent of the lords and commons affembled at Westminster upon the faid twenty-fifth of April, and there continued until the twenty-ninth day of December then next following, and then diffolved; which faid acts are herein after particularly mentioned and expreffed by the several and refpective titles following; that is to fay, (2) one act, intituled, An act for the raifing of feventy thousand pounds for the fur12Car.2. C.29. ther Supply of his Majefty; (3) and one other act, intituled, An Marriages. act for the confirmation of marriages; (4) and one other act, intiAnniverfary tuled, An act for a perpetual anniversary thanksgiving on the twentythanksgiving. ninth day of May: (5) and all and every the claufes, fentences 12Car.2. c.14. and articles in them and every of them contained, fhall be and hereby are ratified and confirmed, and enacted and declared to have the full force and strength of acts of parliament, according to the tenor and purport thereof, and fo fhall be adjudged, deemed and taken to all intents and purposes whatsoever, and as if the same had been made, declared and enacted by authority of this prefent parliament.

12Car.2. C.33.

16Car.1. c.11.

CAP. XII.

An act for explanation of a claufe contained in an act of parliament made in the feventeenth year of the late King Charles, intituled, An act for repeal of a branch of a ftatute primo Elizabethæ, concerning commiffioners for caufes ecclefiaftical.

Wo the late King Charles, intituled, An act for repeal of a

THEREAS in an act of parliament made in the feventeenth year

branch of a statute primo Elizabethæ, concerning commiflioners for caufes ecclefiaftical, it is (amongst other things) enacted, That no archbishop, bishop nor vicar general, nor any chancellor nor commiffary of any archbishop, bishop or vicar general, nor any ordinary whatsoever, nor any other fpiritual or ecclefiaftical judge, officer or minifter of justice, nor any other perfon or persons whatsoever, exercifing fpiritual or ecclefiaftical power, authority or jurifdiction, by any grant, licence or commiffion of the King's majesty, his heirs or fucceffors, or by any power or authority derived from the King, his heirs fucceffors, or otherwise, shall (from and after the first day of August, which then fhould be in the year of our Lord God one thousand fix hun dred forty-one) award, impofe or inflict any pain, penalty, fine, amerciament, imprisonment, or other corporal punishment upon any of the King's fubjects, for any contempt, misdemeanor, crime, offence, matter or thing whatsoever, belonging to fpiritual or ecclefiaftical cog nizance or jurifdiction; (2) whereupon fome doubt hath been made, that all ordinary power of coercion and proceedings in caufes ecclefiaftical were taken away, whereby the ordinary courfe of juftice in caufes ecclefiaftical hath been obstructed: (3) be it therefore declared and enacted by the King's most excellent majefty, by and with the

advice and consent of the lords and commons in this present parliament affembled, and by the authority thereof, That neither the faid act, nor any thing therein contained, doth or fhall The ordinary take away any ordinary power or authority from any of the faid power of archbishops, &c. archbishops, bishops, or any other perfon or perfons named as not taken aaforefaid, but that they and every of them exercifing ecclefiafti- way. cal jurisdiction, may proceed, determine, fentence, execute and exercise all manner of ecclefiaftical jurifdiction, and all cenfures and coercions appertaining and belonging to the fame before the making of the act before recited, in all causes and matters be- May ufe eclonging to ecclefiaftical jurifdiction, according to the King's clefiaftical jumajefty's ecclefiaftical laws used and practifed in this realm, in as ample manner and form, as they did and might lawfully have done before the making of the said act.

rifdiction.

II. And be it further enacted by the authority aforefaid, That The stat. 16 the afore recited act of decimo feptimo Caroli, and all the matters Car. 1. c. 11. and clauses therein contained (excepting what concerns the high repealed as to all, except commiffion-court, or the new erection of fome fuch like court what concerns by commiffion) fhall be and is hereby repealed, to all intents the high comand purposes whatsoever; any thing, claufe or fentence in the miffion-court. faid act contained to the contrary notwithstanding.

III. Provided always, and it is hereby enacted, That neither Provifo. this act, nor any thing herein contained, fhall extend or be conftrued to revive or give force to the faid branch of the faid statute made in the faid first year of the reign of the said late Queen Elizabeth, mentioned in the faid act of parliament made in the faid feventeenth year of the reign of the faid King Charles,

but that the faid branch of the said ftatute made in the faid firft Eliz. c. I. year of the reign of the faid late Queen Elizabeth, fhall ftand f. 18. and be repealed in fuch fort as if this act had never been

made.

IV. Provided alfo, and it is hereby further enacted, That it Provifo touchshall not be lawful for any archbishop, bishop, vicar general, ing the oath chancellor, commiffary, or any other fpiritual or ecclefiaftical ex officio. 1 Mod. 185. judge, officer or minifter, or any other perfon having or exer- 12 Rep. 26, cifing fpiritual or ecclefiaftical jurisdiction, to tender or adminifter unto any perfon whatsoever, the oath usually called the oath ex officio, or any other oath whereby fuch perfon to whom the fame is tendred or adminiftred may be charged or compelled to confefs or accufe, or to purge him or herself of any criminal matter or thing, whereby he or she may be liable to any cenfure or punishment; any thing in this ftatute, or any other law, cuftom or ufage heretofore to the contrary hereof in any wife notwithstanding.

any arch

V. Provided always, That this act, or any thing therein con- Provifo not to tained, shall not extend or be conftrued to extend to give unto give any other any archbishop, bishop, or any other spiritual or ecclefiaftical jurifdiction to judge, officer or other perfon or perfons aforefaid, any power bithop, &c. or authority to exercife, execute, inflict or determine any eccle- than they had fiaftical jurifdiction, cenfure or coercion, which they might not by law before by law have done before the year of our Lord one thousand fix the year 1639. hundred

C 3

The King's Tanemacy in ccclefiaftical matters.

hundred thirty-nine; (2) nor to abridge or diminish the King's majefty's fupremacy in ecclefiaftical matters and affairs, nor to confirm the canons made in the year one thousand fix hundred Canons eccle- forty, nor any of them, nor any other ecclefiaftical laws or canons not formerly confirmed, allowed or enacted by parliament, or by the established laws of the land, as they stood in the year of our Lord one thousand fix hundred thirty-nine.

itical.

EXP.

Shipping.

3 Car.2. c.18. Wool, &c.

CAP. XIII.

An act for the vefting the arrears of the excife and new impost in his
Majefty."

CAP. XIV.

An act for confirming an a&t, intituled, An act for encouraging and increasing of fhipping and navigation, and feveral other acts both publick and private mentioned therein.

WHEREAS during the late difficulties and exigencies of affairs

in the abfence of his moft excellent Majefty, and in reference to his return from beyond the feas into thefe his Majesty's dominions, the lords and commons being affembled at Westminster the five and twentieth day of April in the twelfth year of his Majelly's reign, were from thence, and after his Majefty's return, continued until the nine and twentieth day of December then next following, and now last past, and then diffolved by his Majefty; in which time feveral acts were paffed by his Majefty, by and with the advice and confent of the faid lords and commons affembled as aforesaid, which being of necessary ufe, are fit to be continued and confirmed, although the manner of the faid affembling, enforced by the difficulties and exigencies aforesaid, which then lay upon the nation, is not to be drawn into example:

II. Be it therefore enacted by the King's most excellent majefty, by and with the advice and confent of the lords and commons in this present parliament affembled, and by the authority of the fame, That all and fingular the acts made or mentioned to be made by his faid Majefty, by and with the advice or confent of the lords and commons, upon or fince the said five and twentieth day of April, herein after particularly mentioned and expreffed (That is to fay) (2) one act, intituled, An att for the encouraging and increafing of shipping and navigation ; (3) one other act, intituled, An act for prohibiting the exportation of wool, wool-fells, fullers-earth or any kind of scouring-earth: (4) one other act, intituled, An act impowering the master of the rolls Mar.2. c. 36. for the time being, to make leases for years, in order to new-build the Ibacco. old boufes belonging to the rolls: (5) one other act, intituled, An act for prohibiting the planting, Jetting or sowing of tobacco in Eng12.2. c. 13. land and Ireland: (6) one other act, intituled, An act for refraining the taking of exceffive ufury: (7) one other act, intituled, Ar act for the prefent nominating of commiffioners of fewers: (8) one other act, intituled, An act for the incorporating of the maller and wardens of the company of haberdashers, London, to be governors of the free fchool and almhouses in Newport in the county of Salop, of

37 Car.2. C. 32. 1 cues.

J

ar.2. C.34.

ary.

Seters.

1 Car. 2. c. 6. Peer.

Not printed.

the