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 jurifdiction 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 fhips of war. CAP. X. An act to prevent the unlawful courfing, hunting or killing of deer. OR the better preventing of the unlawful courfing, hurting, Mod. 114. 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 jefty, and by the advice and confent of the lords and commons killing of deer. in parliament affembled, and by the authority of the fame, That if any person or persons shall 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 or other ground where deer are or have been usually kept with- 2 Show. 490. in the realm of England or dominion of Wales, without the confent of the owner or perfon chiefly intrufted with the cuftody thereof, or shall 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 adminifter 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, fhall forfeit for every fuch offence the fum of twenty pounds; (3) to be levied by way of diftrefs upon the The penalty. goods and chattels of every such offender, by warrant under the juftices hand before whom fuch conviction thall 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 shall 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 fhall not be 5 Geo. 1. c. 15. profecuted, nor incur the penalty of any other law or statute for 9 Geo. 1. c.22. the fame offence. 19 H. 7. c. 11. 3 Jac. 1. c. 13. 7 Jac. 1. ioGeo.2.c.32. L. 13. CAP. XI. An act for confirming of three acts therein mentioned. BE it enacted by the King's most excellent majesty, by and with the advice and confent of the lords and commons in this prefent parliament affembled, and by the authority of the C 2 fame, 28. 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 Majesty's reign, by his faid 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 feveral and refpective titles following; that is to fay, (2) one act, intiTaxes. tuled, 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, intiAnniversary 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 ftrength 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 fame had been made, declared and enacted by authority of this present parliament. 12 Car.2. C.33. 16Car.I. c.11. CA P. 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. WH HEREAS 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 statute primo Elizabethæ, concerning commiffioners 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 spiritual or ecclefiaftical judge, officer or minifter of justice, nor any other perfon or perfons whatsoever, exercifing fpiritual or ecclefiaftical power, authority or jurifdiction, by any grant, licence or commiffion of the King's majefly, his heirs or fucceffors, or by any power or authority derived from the King, his heirs or fucceffors, or otherwise, shall (from and after the first day of Auguft, which then fhould be in the year of our Lord God one thousand fix bundred 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 cognizance or jurisdiction; (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 justice in caufes ecclefiaftical hath been obftructed: (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 jurifdiction, may proceed, determine, fentence, execute and exercise all manner of ecclefiaftical jurisdiction, and all cenfures and coercions appertaining and belonging to the fame before the making of the act before recited, in all caufes and matters be- May ufe eclonging to ecclefiaftical jurifdiction, according to the King's clefiaftical jumajesty's ecclefiaftical laws ufed and practised 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) thall 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 said branch of the said ftatute made in the faid firft year of the reign of the said late Queen Elizabeth, mentioned in the faid act of parliament made in the said seventeenth year of the reign of the faid King Charles, but that the faid branch of the faid ftatute made in the faid first Eliz. c. I. .. year of the reign of the faid late Queen Elizabeth, shall stand f. 18. and be repealed in fuch fort as if this act had never been made. 1 Mod. 185. 12 Rep. 26. IV. Provided alfo, and it is hereby further enacted, That it Proviso touchfhall not be lawful for any archbishop, bishop, vicar general, ing the oath chancellor, commiffary, or any other spiritual or ecclefiaftical ex officio. judge, officer or minifter, or any other person having or exercifing fpiritual or ecclefiaftical jurifdiction, to tender or adminifter unto any perfon whatsoever, the oath ufually called the oath ex officio, or any other oath whereby such person 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, fhall not extend or be conftrued to extend to give unto give any other any archbishop, bishop, or any other fpiritual or ecclefiaftical jurifdiction to judge, officer or other perfon or perfons aforefaid, any power bishop, &c. or authority to exercise, 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 fupremacy in ecclefiaftical 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 cafiaftical. nons 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. EXP. Shipping. Y Car.2. c.18.* CAP. XIII. An act for the vesting the arrears of the excife and new impost in his CAP. XIV. An act for confirming an all, intituled, An act for encouraging and increafing of fhipping and navigation, and feveral other acts both publick and private mentioned there in. WHER WHEREAS during the late difficulties and exigencies of affairs in the abfence of his moft excellent Majefly, and in reference to his return from beyond the leas 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 Majefly'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 laft paft, and then diffolved by his Majefty; in which time feveral acts were paffed by his Majesty, by and with the advice and confent of the faid lords and commons affembled as aforefaid, which being of necessary use, are fit to be continued and confirmed, although the manner of the faid affembling, enforced by the difficulties and exigencies aforefaid, 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 faid five and twentieth day of April, herein after particularly mentioned and expreffed (That is to fay) (2) one act, intituled, An act for the encouraging and increafing of shipping and navigation; (3) one other act, intituled, An act for prohibiting the exportation of 12Car.2. c. 32. wool, wool-fells, fullers-earth or any kind of fcouring-earth: (4) Leafes. one other act, intituled, An act impowering the mafter of the rolls 12 Car.2. c. 36. for the time being, to make leafes for years, in order to new-build the Tobacco. old houfes belonging to the rolls: (5) one other act, intituled, An Ufury. act for prohibiting the planting, Jetting or fowing of tobacco in Eng12Car.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, An 12 Car. 2. c. 6. act for the prefent nominating of commiffioners of fewers: (8) one other act, intituled, An act for the incorporating of the master and wardens of the company of haberdashers, London, to be governors of the free School and almboufes in Newport in the county of Salop, 12Car.2. C.34. Sewers.' Poor. Not printed. 2 the the foundation of William Adams, and for fettling of lands and poffeffions on them for maintenance thereof, and other charitable ufes : (9) and all and every the claufes, fentences 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 fame had been made, declared and enacted by authority of this prefent par-, liament. CAP. XV. An act declaring the pains, penalties and forfeitures impofed upon the eftates and perfons of certain notorious offenders excepted out of the act of free and general pardon, indemnity and oblivion. The manors, lands and hereditaments, chattels real and other things of Ifaac Ewer, Sir John Danvers, Sir Thomas Maleverer, William Purefoy, John Blakiflon, Sir William Conftable, Richard Dean, Francis Aleyn, Peregine Pelham, John Moore, John Aldred alias Alured, Humphry Edwards, Sir Gregory Norton, John Venn, Thomas Andrews, Anthony Stapley, Thomas Horton, John Fry, Thomas Hammond, Sir John Bouchier, William lord Mounfon, James Challoner, Sir Henry Mildmay, Sir James Harrington, John Phelps, Robert Wallop and Sir Arthur Haflerig, be forfeited. The goods, &c. of which William lord Mounfon, Sir Henry Mildmay, Sir James Harrington, John Phelps and Robert Wallop, were poffeffed the 11th of February 1659, forfeited and vested in his Majesty. Provifo for conveyances and affurances, &c. made bona fide, before the 29th of September. Conveyances and affurances made before the 25th of April 1660. So as they be enrolled in the exchequer before the first of January 1662. William lord Mounfon, Sir Henry Mildmay, Sir James Harrington, Robert Wallop and John Phelps, degraded. William Mounfon, Henry Mildmay, James Harrington, Robert Wallop and John Phelps, fhall be drawn to Tyburn as perfons executed for treason. Provifo for executors of the said persons and legacies. Provifo for Sir William Lewes. Provifo for Rachel Powre. Provifo for Barrington Bourchier. EXP. A STAT. II. CTS made at the fecond meeting in this prefent parliament begun at Westminster the eighth day of May, Anno Dom. one thousand fix hundred fixty-one, and there continued until the twentieth of December, and from that day adjourned unto the feventh of January next enfuing, as followetb. W CAP. I. An all for the well-governing and regulating of corporations. HEREAS queftions are likely to arife concerning the validity of elections of magiftrates, and other officers and members in corporations, as well in respect of removing fome, as placing others, during the late troubles, contrary to the true intent and meaning of their charters and liberties: (2) and to the end that the fucceffion in fuch corporations may be most probably perpetuated in the hands of perfons well-affected to his Majesty and the established government, it be C 4 ing |