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two years hath prise to receive or take any person or persons into his or their boat exercised, &c. or wherry, to the intent to carry or convey him or them therein, unless one of the fame two watermen have been for the most part exercised and used in rowing upon the said river of Thames, by the space of two whole years before that time; and that also one of the same two watermen at least be duly admitted and allowed by the same eight overseers and rulers, or the most part of them, by writing under their known seal, to be a sufficient .and able waterman; (2) upon pain that every person and persons presuming or offending contrary to the true meaning of this present act, shall by the said eight overseers or rulers be committed to prison in one of the counters of the city of London, there to remain by the space of one month or less, as the offence shall require.

fttllbfa w" V< And also be k further enacted, That no person or persons terman Sec. being single men, not keeping houfhold and not retained^ shall from and after the said feast of Pentecost next coming, use or exercise to row between Grave/end and Windsor aforesaid, unless he or they be prentice or prentices, or in service retained with a master by the whole year at the least, upon pain of like imprisonment.

Whofliallhave ^T. And also be it further enacted, That the lord mayor of authority to London, and the aldermen of the same city, and the justices of punish offend- peace within the shires next adjoining to the said river of Thames, ers- '' every of them within their several jurisdictions and authorities, shall have full power and authority by virtue of this present act, upon complaint made to them or any of them by the said overseers and rulers, or two of them, or the master or masters of any such servants, not only to examine, hear and determine all complaints or offences to be done or committed by any such person or persons that shall offend contrary to the true meaning of this present act, and to set at large all and every such person and persons as shall fortune to be imprisoned by the said overseers and rulers according to this act, if just cause shall appear unto them so to do; but also by their good discretions and wisdom to punish, correct and reform the said overseers and rulers, and every of them, that shall unjustly, or without good cause or ground, punish any person or persons by colour of this present act, or anything therein contained. The length, VII. And be it further enacted by the authority aforesaid, breadth and That if any person or persons whatsoever, from henceforth do

boats"6 or ma^ ma^e any wherry or boat> to tne intent commonly to use rowing and carrying people upon the said river of Thames, which shall not be xxij. foot and a half in length, and iv. foot andahalf broad in the midship, orwhich shall notbe substantially and well able and sufficient to carry two persons on one side tight, according to the old quantity, scantling, thickness of board, goodness and good proportion heretofore had and used; that then the fame boat or boats so being made contrary to the proportion and sort before expressed, shall be taken as forfeit, and shall be forfeit, the one half thereof to the King and Queen's

majesties majesties, our said sovereign lord and lady's use, and to the use of the heirs and successors of the Queen's majesty, and the other half to him or them that will sue for the same in any of the King and Queen's majesties courts of record, by action of detinue, bill, plaint, information or otherwise; wherein no wager of law, essoin, protection or injunction shall be allowed for the defendant.

VIII. And be it further enacted, That if any person or per - The punifhsons which from and after the said feast shall use and exercise ment ot'waterthe occupation of rowing betwixt Grave/end and Windsor afore- TMr!l,w-v1'th" said, which in the time of the execution of any commission ofthrg*|"^es ;n pressing that (hall be had for the service of the King and Queen's the time of majesties, and the heirs and successors of the Queen's majesty, pressing.

in their affairs, shall willingly, voluntarily and obstinately withdraw, hide or convey him or themselves in the fame time of pressing, into secret places and out-corners, and after when such time of pressing is overpassed, (hall return and come again to the said river of Thames, to row betwixt Gravesend and Windsor See 4 & 5 A itaforesaid, and that duly proved by two indifferent witnesses, be- ";e.c. 19 1.18. fore the laid lord mayor and court of aldermen or justices °f/<,r^"?' the peace, and two of the said rulers5 that then he or they io^'g fatM. doing or offending lhall suffer imprisonment by the space os two weeks, and be banished any more to row from thenceforth upon the said river os Thames by the space of one whole year and day then next following.

IX. And be it further enacted, That it shall be lawful to the The overseers said eight rulers for she time being, and their successors from *al' e°ri'e£t time to time, to convent and call before them at some conve- and'wetter"' nient place by them to be appointed, all and every such person their names, and persons, which from and after the said feast of Pentecost

shall occupy and use the said trade and occupation of rowing betwixt Gravesend and Windsor aforesaid, (2) and shall enter and register the name and names of them and every of them* that shall be by them allowed or admitted for watermen to row betwixt Gravesend and Windsor aforesaid, in a book to be made for the same intent and purpose; (3) and to take such further order and direction therein with every the said paTties, by .the authority of this present act, as it shall seem meet and; necessary by the discretion of the said overseers and rulers for the time being; (4) and also that the said overseers and rulers sliall and may overseer* shall by the authority of this act oversee, view and survey at all and view the boats every time and times hereafter, all manner of boats and wher- before they ba ries that shall from and after the said feast be made, before the launcned> said boat or boats, wherry or wherries, be launched out of the yard or ground wherein the fame boat or boats, wherry or wher-* ries shall fortune to be made, in the said river of Thames, to the intent that they and every of them may be made and prepared in such manner and form, and according to the goodness, proportion and quantity in this present act before limited and expressed.

X. And be it further enacted by the authority aforesaid, That The penalty of overseers re- jf any person or persons which at any time hereafter shall be f"aceS orbe e^e<-^e<^or ch0scn to he a ruler or overseer as before is expressed, Sir negligent ^° siaPPen negligently to use and exercise his or their room or therein. place, or that will obstinately refuse to take upon him or them the room or rooms, place or places of any the said overseers or rulers, that then all and every such offender or offenders so offending shall lose and forfeit the sum 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 successors of the Queen's majesty, and the other half to him or them that will sue for the same in any t 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, eflbin, protection or injunction shall be admitted or allowed for the defendant or defendants. Assessment, XI. And be it further enacted by the authority aforesaid, what fares wa- That the said mayor and court of aldermen of the said city of ^IteTrrow Lotidon for the time being, shall from time to time at their dising between" cretions limit, set and assess the price or prices, and sums of Gravefcnd and money, that every person or persons so authorized to row as Windsor. is aforesaid betwixt Gravejind and Windsor aforesaid, shall fake 6 H. 8.c, 7. for or their labour or fare, from place to place particularly, betwixt Grave/end and Windsor aforesaid; (2) and the same prices and assessments to be set, shall bring or cause to be brought to the privy council of our sovereign lord and lady the King and Queen, to be viewed and seen by some of the said privy council; and after that, the said assessments and prices shall be signed and subscribed with the hands of two of the sa,id privy council at the least; (3) and the said mayor and court of aldermen for the time being shall cause the said prices and assessments tc be written and set up in tables in the Guild-Hall in the city of London^ Wesiminsler-Hall and elsewhere, where the said mayor and court of aldermen stiall think convenient: (4) and every person and persons that shall take for his or their fare or labour above the prices that stiall be assessed,, viewed, written and set up in form aforesaid, (hall forfeit for every such offence forty shillings, arid also shall suffer imprisonment by one half year: (5) The one moiety of the said forfeiture to be to the King and Queen's majesties, their heirs and successors, and the other moiety thereof to him or them that will sue for the same in any 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, essoin, protection or injunction shall be admitted or allowed for the defendant or defendants.

XII. And be it further enacted by the authority aforesaid, That no person or persons occupying or using any western barge, shall retain, take or receive into his or their service, any single person not keeping house or houshold, but only such as shall be retained with him or them by the whole year, and no housholder but such as he or they will or (hall answer for, for his or their good behaviour, (2) upon pain of forfeiture for every such offence* •• • , - xl/s.

The servants

of western
barge-men.
Repealed by
5 El. c. 4. L i

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xl.s. the one moiety thereof to be to the King and Queen's majesties, her heirs and successors, and the other moiety thereof to him or them that will sue 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, eslbin, protection or injunction shall be admitted or allowed for the defendant or defendants. 1 sac. 1. c. 16. 14 sac. 1. c. 32. 11 is" 12 W. 3. c. 21. 4 & 5 Anna> c. 13. 2 Geo. 2. c. 26. 10 Geo. 2. c. 31.

t CAP. XVII. .

The benefit of clergy (hall be taken from Bennet Smith, for being accessory 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 commissions of the peace and of gaol-delivery*
in towns corporate not being counties.

WHERE the King and Queen's most, excellent Highness, and
their noble progenitors, Kings of this realm, have heretofore
granted their several commissions directed as well unto the mayors, re-
corders 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 also unto divers other zuorflupful and
learned men dwelling out of the fame cities and towns corporate, as
Wellfor the keeping of their peace, good ordering of their people, and'
executing of their laws andstatutes within the fame cities and towns
corporate, as also for the delivery of their Majesties prisoners re-
maining in the gaols there; and after the granting of such com-
missions their Majesties have granted divers other like commissions un-
to certain worjhipful and learned men of the /hires, lathes, rapes,
ridings and wapentakes of this realm of England^, for the conser-
vation of their peace, and also delivering of their prisoners remaining
in their goals within the J'ame jhires, lathes, rapes, ridings and'
wapentakes; (2) which commissions so bearing a later day, have been
a fuperscdeas and clear discharge unto all andsingular the said former
commistions granted unto the said cities and towns corporate, not being
counties in themselves; (3) so that the said mayor and other grave and
chiefest officers of every such city and town corporate, have been
charged to sue for the renewing again of such commissions, both for
the peace and gaol-delivery, to the great expences, costs and charges
of the said mayor, and other the inhabitants of such cities and toivns
corporate, and to the great protracling and delay of justice therein in
the mean time: for reformation whereof, and for the better advance-- '■

ment of justice in the premisses;,';'

II. Be it therefore enacted by the King and Queen's majesties, A comm;ffioB the lords spiritual and. temporal, ana the commons, in this of the peace present parliament assembled, and by the authority of the same, and gaolThat all*and singular commission andJ commissions, granted [JTM^ or to be granted to any such city or town corporate,, not being persed£as to a as is aforesaid a county in it self, for the keeping of their peace former like

G 3 and

commission and delivery of their prisoners remaining in the gaols of any such granted to a cjtv or town corporate, not being a county in it self, shall stand, corporate!"1 remain» anc* be g00c* an^ available and effectual in the law, to 4 Inst. 169. all intents, constructions and purposes, the granting of any like commission of peace, or gaol-delivery to any commissioner or commissioners for the conservation of the peace, or delivery of the prisoners remaining in the gaol of any shire, lathe, rape, riding or wapentalte, within this realm of England, bearing date after the said commission or commissions granted as is aforesaid, to any such city or town corporate, not being, as is aforesaid, a county in it self, to the contrary notwith(iding.

.. . CAP. XIX. . revivorof the statute of n H. 8. c. 11. touching powedike in marshland, which was repealed by the statute of 1 M. flat, t.

CAP. XX.

f For the dueby os Lancaster.

The decaJof TTOrafmuch as the King and ghieen our sovereign lord and lady therevenpes -T considering and regarding the estate of the duchy of Lancaster, of the duchy being one of the mojl famous princehejl andflateliell pieces of our said of Lancaster, sovereign lady the ghieen's ancient inheritance, do perceive and consider, that the possessions and yearly revenues of the said duchy are and have been of late greatly diminished, as well by reason of sundry gists, grants and sales made by the late Kings of famous memory, Henry the Eighth and Edward the Sixth, late Kings of England, father and brother to our said sovereign lady the Queen's highness, as also by reason of sundry exchanges made ivith divers of their loving fubjecls, of sundry manors, lands, tenements, pojfejjions and hereditaments, lately belonging to the fame duchy, and the manors, lands, tenements, possessions and hereditaments, being received and taken in recompence of the said exchanges, be not annexed to the said duchy, but been in the order, survey and governance of other courts end places so by their Highnesses taken and received in exchange:

II. And forasmuch also as their Majesties do mind and intend to preserve, advance, maintain and continue the ancient and honourable estate of the said duchy ; our said sovereign lord and lady therefore be pleased and contented, that It be enacted, ordained and established by their Majesties, with the assents of the lords spiritual and temporal, and the commons, in this present parliament assembled, and by the authority of the same, That all honours, castles, lordships, manors, lands, tenements, possessions and hereditaments within this realm of England, which at any time since the xxviii. day of January in the first year of the reign of our said late sovereign lord K'mg'Edzuard the Sixth, were parcel of the possessions of the said duchy of Lancaster, or which were united and annexed to the said duchy by authority of parliament, letters patents or otherwise, and which at any time since the said xxviij. day of January have been given, granted, alienated, bargained, sold, exchanged, or otherwise

severed

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