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fhall remain with the clerk appointed and to be appointed for of them or the the commiffion of fewers for the time being, and the other part royal affent. in fuch place as the fame commiffioners, or fix of them, fhall order and appoint) fhall, without any certificate thereof to be made into the court of chancery, and without the royal affent to the fame had, stand and continue in full force and effect notwithstanding any determination of any fuch commiffion by fuperfedeas, until fuch time as the fame laws, conftitutions and ordinances fhall be altered, repealed or made void by the commiffioners after to be affigned and appointed, for fewers in those parts where the fame laws, ordinances and constitutions were made, ordained and constituted, or by fix of them.

fioners of

commiffion de

II. And be it further enacted by the authority aforefaid, That The commifat all times from and after the end and expiration of the term of fewers orders ten years next enfuing the date or tefte of any commiffion of fhall continue fewers hereafter to be made, all fuch laws, ordinances and con- one year, stitutions, as were made by virtue of any fuch commiffion, and though the written in parchment indented and fealed as is above-mentioned, expire. without certificate thereof, or the affent royal to the fame had, as is aforefaid, fhall, notwithstanding the determination of any fuch commiffion by the expiration of the term of ten years. next enfuing the date of any fuch commiffion of fewers, likewife continue in force for and by the fpace of one whole year then next enfuing: (2) And that the juftices of peace in the The juftices of fhire and fhires where the fame laws, ordinances and conftitu- peace may for tions are to be executed within their several commiffions or li- cute the commits, or fix of them, whereof two to be of the quorum, fhall miffion of have power and authority, by the space of one whole year next fewers, unless after the expiration of every fuch commiffion, to execute the anew commif fion be grant fame laws, ordinances and conftitutions, and every of them, ed, as fully and in as ample manner and form as the commiffioners, or any of them, named and appointed in every or any commiffion fo expired, might or should have done, to all intents and purposes as if the faid commiffion or commiffions had continued in force.

one year exe

III. Provided always, and be it nevertheless enacted, That if any new commiffion of fewers fhall be made within the faid year, that then immediately from and after fuch commiffion newly made and published, the power of the said juftices of the peace and every of them, in any wife concerning the execution of any fuch laws, ordinances and conftitutions of fewers, fhall utterly cease; any thing or things in this act to the contrary expreffed in any wife notwithstanding. IV. And be it further enacted, That no farmer or farmers A for term of years, of any manors, lands or tenements, lying or being within the precincts or limits of any fuch commiffion or fewers, which be or hereafter may be ordered and chargeable fioner within by any laws, ordinances or conftitutions made or to be made by the fame pre virtue of any fuch commiffion, wherein he or they fhall be cinct. named or appointed commiffioner or commiffioners, not having eftate of freehold within the realm of England of or in manors,

T 4

lands

farmer of lands chargeable fhall not be a commif

There shall be

or return of

on.

lands or tenements, of the yearly value of forty pounds, fhall at any time hereafter have power to fit, or in any wife intermeddle with the execution of fuch commiffion or commiffions, during the time he or they shall continue or be such farmer or farmers of any fuch manors, lands or tenements, and shall not have eftate of freehold, as is aforefaid; (2) but that every fuch commiffion, as having refpect only to every fuch person or perfons for fuch and fo long time as he or they shall fo be and continue farmer or farmers of any such manors, lands or tenements, thall be deemed and adjudged in law to be as void and of none effect; any thing in the fame commiffion, or any statute or law heretofore made, to the contrary notwithstanding.

V. And be it further enacted by the authority aforefaid, That no certificate from henceforth the said commiffioners, nor any of them, shall the commiffi- not be compelled or compellable to make any certificate or return of the faid commiffions, or any of them, or of any their ordinances, laws or doings, by the authority of any the faid Į Vent. 66, 67. commiffions, nor fhall not have any fine, pain or amerciąment fet upon them, or any of them, or any ways to be molefted in body, lands or goods, for that cause,

1 Lev. 288.

amerciaments

thall be eftreated into the exchequer.

VI. And yet nevertheless, to the intent the Queen's majesty our fovereign lady, her heirs and fucceffors, may at all times hereafter be truly answered of all fuch iffues, fines and amerciaments, as fhall happen, grow or be forfeited by virtue of any fuch commiffion, or by the execution thereof: (2) Be it alfo The fines and enacted, That the clerk and clerks appointed, and hereafter to be appointed, for and in any fuch commiffion and commiffions of fewers, fhall yearly truly eftreat all the faid ifiues, fines, penalties, forfeitures and amerciaments, that shall be due and anfwerable to her Highness, her heirs and fucceffors; (3) and the fame eftreats shall yearly deliver into the court of the exchequer at fuch time and times, and in fuch manner and form, as juftices affigned to and for the confervation of the peace in any wife fhould or ought to do by virtue of their commiflion, (4) upon pain to forfeit to our fovereign lady the Queen, her heirs and fucceffors, for every default in that behalf made, five pounds. VII. Provided always, That it fhall be lawful for any commiffioner, being alfo a farmer, and not having lands and tefands charge nements to the clear yearly value of forty pounds of freehold, able may be a commiffioner. to fit by virtue of the faid commiffion, and have his voice and full authority with others to make and establish ordinances for fewers, according to the tenor of the commiflion, touching and concerning all lands and tenements within the precinct of every fuch commiffion, other than fuch lands and tenements as he or they, for the time being, hold and enjoy as farmer, as he or they might have done before the making of this ftatute; any thing therein contained to the contrary notwithstanding. 3 Jac

In what cafe a farmer of

1.C. 14.

CAP.

CAP. X.

Fraudulent deeds made by fpiritual perfons to defeat their fucceffors of remedy for dilapidations, fhall be void, &c. WHERE divers and fundry ecclefiaftical perfons of this realm, Wrongs and

ecclefiaftical

being endowed and poffeffed of ancient palaces, manfion-houses, frauds practiand other edifices and buildings, belonging to their ecclefiaftical bene- fed by divers fices or livings, have of late years, not only fuffered the fame for want perfons. of due reparations partly to run to great ruin and decay, and in fome Hob. 84. part utterly to fall down to the ground, converting the timber, lead 2 Roll. 169. and ftones to their own benefit and commodity; (2) but also have made deeds of gift, colourable alienations, and other conveyances of like effect, of their goods and chattels in their lives-time, to the intent and of purpofe, after their deaths, to defeat and defraud their fucceffors of fuch just actions and remedies as otherwife they might and should have had for the fame against their executors or adminiftrators of their goods, by the laws ecclefiaftical of this realm, (3) to the great defacing of the ftate ecclefiaftical, and intolerable charges of their fucceffors, and evil precedent and example for others, if speedy remedy be not provided:

make a frau

f. 17.

1 Leon. 307.

II. Be it therefore enacted by the Queen's most excellent ma- How the fucjefty, the lords fpiritual and temporal, and the commons, in ceffor fhall this prefent parliament affembled, and by the authority of the have remedy fame, That if any archbishop, bishop, dean, archdeacon, pro- where the prevoft, treasurer, chaunter, chancellor, prebendary, or any other deceffor doth having any dignity or office in any cathedral or collegiate church dulent deed to within this realm; (2) or if any parfon, vicar, or other incum- defeat him for bent of any ecclefiaftical living whereunto do belong any house dilapidations. or houses, or other buildings, which by law or cuftom he is 14 Eliz. c. II. bound to keep, and maintain in reparation; (3) do from henceforth make any deed or deeds of gift or alienation, or other like conveyances of his moveable goods or chattels, to the intent and purpose aforefaid; that then the fucceffor and fucceffors of him that fhall make fuch deed or deeds of gift or alienation, fhall and may commence fuit, and have such remedy in any court ecclefiaftical of this realm competent for the matter against him or them to whom fuch deed or deeds of gift or alienation fhall be fo made, for the amendment and reparation of so much of the faid dilapidations and decays, or just recompence for the fame, as hath happened by his fact or default, (4) in fuch fort as he might, fhould or ought lawfully to have, if he or they to whom fuch deed or deeds of gift or alienation fhall be fo made, were executor or executors of the teftament and last will of him that made fuch deed or deeds of gift or alienation, or were adminiftrator or adminiftrators of his goods or chattels ; any law, custom or other thing to the contrary in any wife notwithstanding.

III. And for that long and unreasonable leafes made by colleges, 1 Roll. 151, deans and chapters, parfons, vicars, and other having spiritual promotions, be the chiefeft caufes of the dilapidations and the decay of all

168, 171.
2 Roll. 169,
170, 275, 403,

Spiritual 405, 408.

their lands, tithes, &c.

2

Bulftr. 305

802.

What convey- fpiritual livings and hofpitality, and the utter impoverishing of all ances, and for fucceffors incumbents in the fame (2) Be it enacted by the authoriwhat time fpiritual perfons ty aforefaid, That from henceforth all leafes, gifts, grants, may make of feoffments, conveyances or eftates, to be made, had, done or fuffered (3) by any mafter and fellows of any college, dean and chapter of any cathedral or collegiate church, master or Moor 593. pl. guardian of any hofpital, parfon, vicar, or any other having any fpiritual or ecclefiaftical living, or any houses, lands, tithes, teNo new leafe nements or other hereditaments, being any parcel of the pofto be made un- feffions of any fuch college, cathedral church, chapter, hofpital, parfonage, vicarage or other fpiritual promotion, or any pires,&c. withways appertaining or belonging to the fame, or any of them, to any perfon or perfons, bodies politick or corporate, (4) (other than for the term of one and twenty years, or three lives, from the time as any fuch leafe or grant fhall be made or granted, whereupon the accustomed yearly rent or more shall be referved and payable yearly during the faid term) (5) fhall be utterly Leafes of bou- void and of none effect, to all intents, conftructions and purfes, and which pofes; any law, custom or usage to the contrary any ways notare other-wife withstanding. provided for

lefs the first ex

three years,

&c.

18 Eliz. c. 11. f. 1. by 14 Eliz. C. II. f.17, &c. not

to extend to

by that fatute. Mod. 204. Cro. El. 430. Cro. Car. 259. Vaugh. 204. 4 Co. 26. Savil 129. 2 Co. 46. 6 Co. 37. 11 Co. 67. 2 Mod. 56. Co. Lit. 44. a. b. Moor 459. pl. 636. Goldb. 171. pl. 102. 1 Brownl. 182. 8 Co. 70. Hob. 269. declared to include Bede-bouses, &c. rạ Eliz.c. I. Leafes limited IV. Provided nevertheless, and be it enacted by the authoriby the private ty aforefaid, That this act, nor any thing therein contained, ftatutes of any fhall be taken or conftrued to make good any leafe or other college.

New leafes

old, or former covenants.

grant to be made by any fuch college or collegiate church within either of both the univerfities of Oxford and Cambridge, or elsewhere within the realm of England, for more years than are limited by the private ftatutes of the fame college.

V. Provided always, That this act fhall not extend to any made upon the leafe hereafter to be made upon surrender of any lease heretofurrender of fore made, or by reason of any covenant or condition contained in any leafe heretofore made, and now continuing, so that the leafe to be made do not contain more years than the residue of the years of the former leafe now continuing thall be at the time of fuch leafe hereafter to be made, nor any lefs rent than is referved in the faid former leafe. Continued by 1 Jac. 1. c. 25. & 21 Fac. I. c. 28. to the end of the next feffions of parliament, and continued by 16. Car. 1. c. 4.

1 And. 65. Hob. 7. 2 Roll. 401,

406.

4

Co. 120.

5 Co. 14.

So much of

the ftat. of 5 El. c. 5. as

CAP. XI.

An act for the maintenance of navigation. WHERE at the parliament holden at Westminster in the fifth

year of your Majefly's reign, there was among other, made and provided an act touching certain politick conftitutions made for the concerneth the maintenance of the navy, and in the fame amongst other things it was tranfporting of fea-fish and enacted, That from the first day of April in the year of our Lord herring in God one thousand five hundred fixty-four, and fo from thenceforth, English fhips it should be lawful to all and every the fubjects of your Majefly, your

with crofs

beirs

of custom, re

beirs and fucceffors, at his and their will and pleasure, to carry and fails, without tranfport out of this realm, in their fhips and other veffels of any the the payment fubjects aforefaid, all and every kind of herring, and other fea-fifh vived, &c. to be taken upon the fea by any the fubjects aforefaid; any act of parliament or law to the contrary notwithstanding: (2) And that all and every perfon and perfons which should by virtue of that act transport or carry any herring or fea-fifh from out of any port or harbour of this realm, to any place out of the dominions of your Majesty, your heirs and fucceffors, fhould be free from payment of any customs, fubfidy or poundage money, for the fame fish fo carried or tranfported during the fpace of four whole years, beginning at the faid first day of April one thousand five hundred fixty-four, and fo further during your Majefty's pleasure, which term of four years is now expired and ended:

fix years.

II. And where it is by experience found, that the faid act hath been a very good act, and greatly increafed the navy and fishermen, and caufeth many poor men to be fet a-work, and is in great likelihood daily to increafe the fame more and more: (2) It may pleafe your A continumoft excellent Majefty, of your abundant grace, that it may be ance of part of enacted by authority of this prefent parliament, That fo much the ftat. of 5 of the faid act as is above recited for liberty of tranfporting of Eliz. c. 5. for herring and fea-fish by the natural born fubjects of your maje- EXP. fty, your heirs or fucceffors, and for freedom from paying of any custom, fubfidy or poundage-money, fhall be revived, and fhall from henceforth continue for the fpace of fix years from the end of this feffion of parliament, and from thenceforth to the end of the next parliament after the faid fix years to be fummoned, and from thenceforth during your Majefty's moft gracious pleasure, so that such transporting be in veffels with crofs fails.

1. 10.

III. And where also in the faid act made in the faid fifth year, amongst other things, all manner of perfons are generally forbidden to bring into this realm any cods or lings in barrels or other casks, upon pain of forfeiture of all the cods and lings fo to be brought in, or the 5 Eliz. c. 5. value thereof contrary to the tenor of this act: (2) Forafmuch as by that branch of the faid ftatute, it was well intended and meant to meet with the fraud of ftrangers and other, which brought into this realm great quantity of cods and lings deceitfully packed in barrels, and not meant to hinder any the Queen's majesty's fubjects using uprightness and truth in the barrelling of fuch fish: (3) May it there- What cods fore please your Majefty, that it be further enacted by the au- may be thority aforefaid, That after the feaft of Eafter, which fhall be brought into in the year of our Lord God one thousand five hundred feventy- barrels and five, it shall be lawful from thenceforth to all your Majefty's loving cafks. EXP. fubjects born within this realm, or within any other your Maje- 27 Eliz. c. 11. fty's dominions, (ufing no fraud or deceit in packing or barrel- 15. ling thereof) for the term of fix years next enfuing, to bring into this realm, or any other your Highnefs dominions, all fuch cods and lings as they fhall happen to take upon the fea by their own fishing in yessels with crofs fails, without incurring any

forfeiture

the realm in

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