overfeers refufing their place, or being negligent therein. if any perfon or perfons which at any time hereafter fhall be elected or chosen to be a ruler or overfeer as before is expreffed, do happen negligently to use and exercise his or their room or place, or that will obftinately refuse to take upon him or them the room or rooms, place or places of any the faid overseers or rulers, that then all and every fuch offender or offenders fo offending fhall lofe and forfeit the fum of v. li. of lawful money of England; the one half whereof shall be to our said sovereign lord and lady the King and Queen's majesties use, and to the use of the heirs and fucceffors of the Queen's majesty, and the other half to him or them that will fue for the fame in any of the King and Queen's majesties courts of record, by action of debt or by any other the ways or means above specified, wherein no wager of law, effoin, protection or injunction shall be admitted or allowed for the defendant or defendants. Affefsment, termen fhall Windfor. 6 H. 8.C.-7. " XI. And be it further enacted by the authority aforefaid, what fares wa- That the faid mayor and court of aldermen of the faid city of London for the time being, fhall from time to time at their diftake for rowcretions limit, fet and affefs the price or prices, and fums of ing between Gravelend and money, that every perfon or perfons fo authorized to row as is aforefaid betwixt Gravefend and Windfor aforefaid, fhall take for his or their labour or fare, from place to place particularly, betwixt Gravefend and Windfor aforefaid; (2) and the fame prices and affeffments to be fet, fhall bring or caufe to be brought to the privy council of our fovereign lord and lady the King and Queen, to be viewed and feen by fome of the faid privy council; and after that, the faid affeffinents and prices fhall be figned and fubfcribed with the hands of two of the faid privy council at the leaft; (3) and the faid mayor and court of aldermen for the time being fhall cause the said prices and affeffments to be written and fet up in tables in the Guild-Hall in the city of London, Westminster-Hall and elfewhere, where the faid mayor and court of aldermen fhall think convenient: (4) and every perfon and perfons that fhall take for his or their fare or labour above the prices that shall be affeffed, viewed, written and fet up in form aforefaid, thall forfeit for every fuch offence forty. fhillings, and alfo fhall fuffer imprisonment by one half year: (5) The one moiety of the faid forfeiture to be to the King and Queen's majefties, their heirs and fucceffors, and the other moiety thereof to him or them that will fue for the fame in any the King and Queen's majefties courts of record, by action of debt, or by any other the ways or means above fpecified, wherein no wager of law, effoin, protection or injunction fhall be admitted or allowed for the defendant or defendants. The fervants of western barge-men. Repealed by XII. And be it further enacted by the authority aforefaid, That no perfon or perfons occupying or ufing any western barge, fhall retain, take or receive into his or their fervice, any fingle 5 El. c. 4. f. 2. perfon not keeping house or houfhold, but only fuch as fhall be retained with him or them by the whole year, and no houfholder but fuch as he or they will or fhall anfwer for, for his or their good behaviour, (2) upon pain of forfeiture for every fuch offence xl. s. the one moiety thereof to be to the King and Queen's majefties, her heirs and fucceffors, and the other moiety thereof to him or them that will fue for the fame in any of the King and Queen's courts of record, by action of debt, or by any other the ways or means above specified, wherein no wager of law, effoin, protection or injunction fhall be admitted or allowed for the defendant or defendants. I fac. 1. c. 16. 14 Fac. I. c. 32. 11 & 12 W. 3. 6. 21. 4 & 5 Annæ, c. 13. 2 Geo. 2. c. 26. 10 Geo. 2. c. 31. CAP. XVII. The benefit of clergy shall be taken from Bennet Smith, for being acceffory to the murder of Giles Rufford before the murder committed, and for procuring of the fame. 4 & 5 P. & M. c. 4. CAP. XVIII. An act touching commiffions of the peace and of gaol-delivery, in towns corporate not being counties. HERE the King and Queen's most excellent Highness, and their noble progenitors, Kings of this realm, have heretofore granted their feveral commiffions directed as well unto the mayors, recorders and other grave men, and inhabitants of certain ancient and famous cities and towns corporate within this realm of England, not being counties in themselves, as alfo unto divers other worshipful and learned men dwelling out of the fame cities and towns corporate, as well for the keeping of their peace, good ordering of their people, and executing of their laws and ftatutes within the fame cities and towns corporate, as alfo for the "delivery of their Majefties prifoners remaining in the gaols there; and after the granting of fuch commiffions their Majefties have granted divers other like commissions unto certain worshipful and learned men of the fhires, lathes, rapes, ridings and wapentakes of this realm of England, for the confervation of their peace, and alfo delivering of their prisoners remaining in their goals within the fame fhires, lathes, rapes, ridings and wapentakes; (2) which commiffions fo bearing a later day, have been a fuperfedeas and clear difcharge unto all and fingular the said former commiffions granted unto the faid cities and towns corporate, not being counties in themselves; (3) fo that the faid mayor and other grave and chiefest officers of every fuch city and town corporate, have been charged to fue for the renewing again of fuch commiffions, both for the peace and gaol-delivery, to the great expences, cofts and charges. of the faid mayor, and other the inhabitants of fuch cities and towns corporate, and to the great protracting and delay of justice therein in the mean time: for reformation whereof, and for the better advancement of justice in the premises; II. Be it therefore enacted by the King and Queen's majefties, A commiffion the lords fpiritual and temporal, and the commons, in this of the peace prefent parliament affembled, and by the authority of the fame, and gaolThat all and fingular commiffion and commiffions, granted delivery fhall or to be granted to any fuch city or town corporate, not being perfedeas to a as is aforesaid a county in it felf, for the keeping of their peace former like G 3 and not be a fu commiffion granted to a city or town and delivery of their prifoners remaining in the gaols of any such city or town corporate, not being a county in it felf, fhall ftand, remain, and be good and available and effectual in the law, to all intents, conftructions and purposes, the granting of any like commiffion of peace, or gaol-delivery to any commiffioner or commiffioners for the confervation of the peace, or delivery of the prisoners remaining in the gaol of any fhire, lathe, rape, riding or wapentake, within this realm of England, bearing date after the faid commiffion or commiffions granted as is aforefaid, to any fuch city or town corporate, not being, as is aforefaid, a county in it felf, to the contrary notwithstanding. The decay of the revenues of the duchy of Lancfifter. CAP. XIX. revivor of the ftatute of 22 H. 8. c. 11. touching powedike in marshland, which was repealed by the statute of M. ftat. 1. CAP. XX. For the duchy of Lancaster. Orafmuch as the King and Queen our fovereign lord and lady confidering and regarding the estate of the duchy of Lancaster, being one of the most famous princelieft and statelieft pieces of our faid fovereign lady the Queen's ancient inheritance, do perceive and confider, that the poffeffions and yearly revenues of the faid duchy are and have been of late greatly diminished, as well by reason of fundry gifts, grants and fales made by the late Kings of famous memory, Henry the Eighth and Edward the Sixth, late Kings of England, father and brother to our faid fovereign lady the Queen's highness, as alfo by reafon of fundry exchanges made with divers of their loving fubjects, of fundry manors, lands, tenements, poffeffions and hereditaments, lately belonging to the fame duchy, and the manors, lands, tenements, poffeffions and hereditaments, being received and taken in recompence of the faid exchanges, be not annexed to the faid duchy, but been in the order, furvey and governance of other courts and places fo by their Highnesses taken and received in exchange: II. And forafmuch alfo as their Majesties do mind and intend to preferve, advance, maintain and continue the ancient and honourable eftate of the faid duchy; our faid fovereign lord and lady therefore be pleafed and contented, that it be enacted, ordained and established by their Majefties, with the affents of the lords fpiritual and temporal, and the commons, in this present parliament affembled, and by the authority of the fame, That all honours, caftles, lordships, manors, lands, tenements, possesfions and hereditaments within this realm of England, which at any time fince the xxviii. day of January in the first year of the reign of our faid late fovereign lord King Edward the Sixth, were parcel of the poffeffions of the faid duchy of Lancaster, or which were united and annexed to the faid duchy by authority of parliament, letters patents or otherwife, and which at any time fince the faid xxviij. day of January have been given, granted, alienated, bargained, fold, exchanged, or otherwise fevered and fithence fevered from the faid duchy by our faid late fovereign lord King Edward the Sixth, or by our faid fovereign lady the Queen that now is, or by our fovereign lord and lady the King and Queen's majesties that now be, to or with any person or perfons, and which faid honours, caftles, lordships, manors, Duchy lands lands, tenements and hereditaments, fince fuch gifts, grants, fevered from alienations, bargains, fales, exchanges or feverance thereof fo the crown, made as is aforefaid, been comen or returned again to the reunited, fhall hands of our faid late fovereign lord King Edward the Sixth, be again paror to the hands of our faid fovereign lady the Queen, or to the cel of the hands of our faid fovereign lord and lady the King and Queen, duchy. or to the hands of her Majefty, her heirs and fucceffors, in 37 H. 8. c. 16. poffeffion, reverfion, remainder or otherwife, and which now be or remain in the hands of our faid fovereign lord and lady the King and Queen's majesties, of any estate of inheritance, fhall from the time the fame came and reverted again to the hands of our faid late fovereign lord King Edward the Sixth, or to the hands of our faid fovereign lady the Queen, or to the hands of our faid fovereign lord and lady the King and Queen, by authority and force of this act, be united and annexed for ever unto the faid duchy of Lancaster, and shall be adjudged, deemed and taken for ever, for and as parcels and members of the faid duchy of Lancaster: (2) and that all such and those of the faid manors, lands, tenements and hereditaments, which be lying within the county palatine of Lancaster, fhall be of the fame nature, quality, kind and condition, to all intents, constructions and purposes, as others the ancient poffeffions of the faid duchy, lying and being within the faid county palatine of Lancaster, be and ought to be; (3) and all those and fuch of the faid manors, lands, tenements and hereditaments, which be lying out of the faid county palatine of Lancaster, fhall be of the fame nature, quality, kind and condition, to all intents, conftructions and purposes, as other ancient poffeffions of the faid duchy, lying and being out of the county palatine of Lancaster, be and ought to be; (4) and shall be in the letting, fetting, order, rule, furvey, receipt and governance of the chancellor, counfel and officers of the faid duchy of Lancaster for the time being for evermore, in like and the fame manner and form, to all intents and purposes, as others the said ancient poffeffions belonging to the said duchy been, have been, or ought to be. der the feal of III. And that all the faid honours, caftles, lordships, manors, The new anlands, tenements and hereditaments, united and annexed to nexed lands the faid duchy of Lancaster, by authority and force of this act, fhall pass unand all and fingular gifts, grants, leafes, letters patents and the duchy, writings thereof, or of any parcel thereof, hereafter to be made and with the by the King and Queen's highnefs, or by the heirs or fuc- fame cereceffors of her Majefty, fhall for evermore pafs and be made monies. under fuch of the feals of the faid duchy, as other the ancient poffeffions of the faid duchy have used to pass and be made, and not under any other feal or otherwife, and with the like G 4 and Other lands may be an nexed to the duchy of Lancaster. within the county palatine. and the fame livery of feifin, attornment, ceremonies, orders and circumstances in the law, and in the fame manner and form, as other the ancient poffeffions of the faid duchy, and the letters patents, charters and writings thereof heretofore of ancient time made, have used and ought to be made and paffed, and not otherwise, nor in any other manner and form; any law, eftatute, usage or custom to the contrary thereof in any wife notwithstanding. IV. And be it further enacted, ordained and established by the authority aforefaid, That our faid fovereign lord and lady the King and Queen that now be, and the heirs and fucceffors of her Majefty, may from time to time hereafter, at their liberties and pleasures, by their Grace's letters patents, to be fealed with the great feal of England, unite, annex, limit, affign and appoint any other their honours, castles, lordships, manors, lands, tenements and hereditaments, lying and being within this their faid realm of England, unto their faid duchy of Lancafter, for the further augmentation, honour and estate of the faid duchy at their wills and pleasures, V. And that all and every fuch annexing, limiting, affignment and appointment made or to be made by our said sovereign lord and lady the King and Queen, or by the heirs or fucceffors of our faid fovereign lady the Queen, of any their honours, castles, lordships, manors, lands, tenements and hereditaments, unto the faid duchy of Lancaster, by any their faid letters patents under the great feal of England, fhall be as good and available, as if it were done by authority of parliament. Lands to be VI. And that all fuch honours, caftles, lordships, manors, annexed lying lands, tenements and hereditaments, lying and being within the faid county palatine of Lancaster, which fhall happen to be united and annexed to the faid duchy by force of any fuch letters patents, fhall from the tefte of the faid letters patents be within the order, furvey, rule, governance, jurifdiction, letting, and fetting of the faid duchy of Lancafter for the time being, as other the poffeffions of the faid duchy, lying and being within the said county palatine of Lancaster, have used and ought to be. Lands to be out of the VII. And that all other honours, caftles, lordships, manors, annexed to the lands, tenements and hereditaments, lying and being out of duchy lying the faid county palatine of Lancaster, which fhall happen to county pa- be united and annexed to the faid duchy by force of any fuch latine of Lan- letters patents, fhall be from the teste of the faid letters patents, cafter. A faving of the right of Diners. within the order, furvey, rule, governance, jurisdiction, letting and fetting of the faid duchy of Lancaster, as others the poffeffions of the faid duchy of Lancaster, lying and being out of the faid county palatine of Lancaster, have used and ought to be; (2) faving to all and every perfon and perfons, bodies politick and corporate, to their heirs, fucceffors and affigns, and to the heirs, fucceffors and affigns of every of them, all fuch right, title, intereft, entries, conditions, occupations, poffef |