page VII,75

1

CHAPTER XII.

2
3

AN ACT FOR RELIEF OF POOR PRISONERS FOR DEBT OR DAMAGES.

4
5    Whereas for several charitable and good Reasons an Act of Parliament was made in the Twenty second
6and Twenty third Yeares of the Reigne of our late Sovereigne Lord King Charles the Second intituled
7An Act for the Relief and Release of Poor distressed Prisoners for Debt and because of some dubious Construction
8of some Word~ in the said Act the same did not answer the full Intent for which it was made And therefore for
9Explanation thereof and to supply the Defect~ which did obstruct the good End~ and Purposes of the said Act
10another Act was made in the same Parliament in the Thirtieth Yeare of the Reigne of the said late King intituled
11An Act for the further Relief and Discharge of poor distressed Prisoners for Debt by which said last mentioned Act
12it was enacted That all Persons being in Prison upon the Twenty ninth Day of May One thousand six hundred
13seventy and eight for Debt or Damages upon any manner of Processe whatsoever issuing out of any Court of Law
14or Equity and who shall take the Oath in the said first recited Act mentioned should and might bee released and
15discharged from their Imprisonment~ in the same manner as Persons being Prisoners might have been by the said
16first mentioned Act and in case the said Debt and Damages had been ascertained by Judgement. And whereas several
17Persons have been discharged by virtue of the said two Act~ and alsoe by virtue of one other Act of Parliament
18made in the Second Yeare of the Reigne of His present Majestie and of Her late Majestie Queen Mary entituled
19An Act for Relief of Poor Prisoners for Debt or Damages but by reason of some Defect~ in the said Act~ of
20Parliament the Discharges of many of the said Persons have not been effectual. And whereas very many Persons
21are detained in Prison although they are altogether unable to make any Satisfaction to their Creditors and because
22of such Confinement are a Charge and Burthen to the Kingdome and rendred incapable to doe such Service as
23otherwise they might to their King and Countrey and for the help of themselves and their Families Bee it therefore
24enacted by the King~ most Excellent Majestie by and with the Advice and Consent of the Lord~ Spiritual and
25Temporal and the Commons in this present Parliament assembled and by the Authority of the same that all
26Persons in Prison upon the Five and twentieth Day of December in the Yeare of our Lord One thousand six
27hundred ninety and five for Debt or Damages or for or upon any Action or Actions or upon any mean Processe
28for Debt Account or Trespasse upon the Case which Actions by Prosecution of Law may bee Judgement~ for
29Debt or Damages or who may have Judgement~ entred upon Record against them or are charged in Execution
30or imprisoned upon Attachment~ for Debt or upon Outlawries before or after Judgement for Debt or upon any
31other Processe whatsoever issued out of any Court of Law or Equity for the Cause of Debt or Damages or Cost~
32onely who shall take the Oath in the said first recited Act mentioned and the Oath in this present Act following
33required to bee taken by Prisoners shall and may bee released and discharged from their Imprisonment~ in the
34same forme and in such Manner as is contained and mentioned in the said two first mentioned Act~ and as if
35such Person was Prisoner before and att the time mentioned for the Release and Discharge of such Prisoner in
36either of the said two first mentioned Act~.
37
38    And it is further enacted by the Authority aforesaid That any Justice or Justices of the Peace who pursuant to
39the said Two first mentioned Act~ and according to the true Intent and Meaning of this present Act shall make
40any Order for the Discharge of any Poor Prisoner for Debt such Justice or Justices of Peace shall by Su~mons cause
41to come and call before him or them any Sheriff Goaler or Keeper of Prison of such Goal or Prison of and from
42which such Prisoner or Prisoners hee shee or they is or are and shall administer and give to such Sheriff Goaler
43or Keeper of Prison an Oath to this Effect following viz^t.
44
45    I A.B. doe swear That I.S. was really and truely my Prisoner in my Custody without any Fraud or Deceit by
46mee or by any other to my Knowledge att or upon the Five and twentieth Day of December in the Yeare of
47our Lord One thousand six hundred ninety and five. Soe help mee God.
48
49    Provided and bee it enacted by the Authority aforesaid That if such Person who was Goaler or Keeper of such
50Goal or Prison on the said Five and twentieth Day of December One thousand six hundred ninety and five shall
51not happen to bee the Goaler or Keeper of such Goal or Prison att the time of the making such Su~mon that
52then the said Justice or Justic~ of the Peace before whom the Sheriff Goaler or Keeper of such Prison shall appeare
53by virtue of such Warrant shall administer and give to such Person as shall bee Sheriff Goaler or Keeper of such
54Prison att the time of making of such Summons an Oath to the Effect following viz^t.
55
56    I A.B. doe swear That I have examined the Committment~ or Book~ kept of and concerning the Commitment~
57of Prisoners to the Prison of C. in the County of D. and that by them it doth appeare that I.S. was really and
58truely a Prisoner in the Custody of E.F. the then Sheriff Goaler or Keeper of the said Prison without any Fraud
59or Deceit by mee or by the said E.F. or any other Person or Persons to my Knowledge or Belief att or upon the
60Five and twentieth day of December in the Yeare of our Lord One thousand six hundred ninety and five.
61Soe help mee God.
62
63    And bee it further enacted by the Authority aforesaid That if such Sheriff Goaler or Keeper of Prison
64being duely su~moned to appeare before the said Justice or Justices of the Peace shall without just Cause to bee
65allowed by such Justice or Justices of the Peace refuse to appeare or to take One of the said Two before mentioned

page VII,76

66Oaths soe to bee given and administred to them respectively by the said Justice or Justices of the Peace as aforesaid
67such Sheriff Goaler or Keeper of Prison shall forfeit and pay to such Prisoner soe about to bee discharged &
68released from Prison and thereby detained the Value of such Debt or Debt~ for which hee or she shall bee
69imprisoned to bee recovered by Action of Debt in any of His Majesties Court~ of Record And if any such Sheriff
70Goaler or Keeper of Prison shall forswear and perjure himselfe and shall bee thereof lawfully convicted such Sheriff
71Goaler or Keeper of Prison shall incurr and suffer such Penalties as are now in Force and may by Law bee inflicted
72upon Persons convicted of Perjury.
73
74    And bee it further enacted by the Authority aforesaid That such Prisoner as shall take the Benefitt of this Act
75according to the Forme of the said Two first mentioned Act~ as is hereby required and shall take the Oath in the
76said first recited Act mentioned shall alsoe before such Justice or Justices of the Peace by whom such Oath is to
77bee given and administred likewise take an Oath (which such Justice or Justices of the Peace is and are hereby
78impowered to administer) to this Effect, videl~t
79
80    I A.B. doe sweare That on the Five and twentieth day of December in the Yeare of our Lord One thousand six
81hundred ninety & five I was actually a Prisoner in the Custody of the Goaler of Keeper of the Prison of C. in
82the County of D. att the Suit of I.S. without any Consent or p~curement and without any Fraud or Collusion
83whatsoever. Soe help mee God.
84
85    And if any Prisoner who shall take the Benefitt of this Act and shall in pursuance of the same take the Oaths
86for any the Purposes hereby or by any the before mentioned Act~ appointed shall forsweare himselfe or herselfe
87then shall such Person being thereof lawfully convicted beyond and over and above the Penalties which may by
88Law now in Force bee inflicted upon Persons convicted of Perjury suffer Imprisonment for the space of Seven yeares
89without Bail or Mainprize.
90
91    And it is declared and enacted by the Authority aforesaid That takeing the Oaths and giving to the Creditors such
92Notice as is by this present Act required in all other thing~ for the Release and Discharge of any poor Prisoner
93from Prison shall bee observed and performed in the same Forme and Method as is mentioned and directed by
94the said Two first mentioned Act~ of Parliament.
95
96    Provided always neverthelesse That this Act shall not extend to any Person or Persons in Execution for any
97Fine on him her or them imposed for any Offence by him her or them co~mitted.
98
99    Provided alsoe That noe Person shall bee discharged out of Prison or have any Benefitt or Advantage by
100force or virtue of this Act who shall bee really and bona fide indebted in more than the Su~m of One hundred
101Pound~ Principal Money for Debt or Damages or shall stand charged with any Debt to His Majestie.
102
103    Provided always and bee it further enacted by the Authority aforesaid That notwithstanding the Discharge of
104the Person of such Prisoner as aforesaid upon takeing the Oaths aforesaid all and every Judgement and Judgement~
105had and taken against him or her alone or with any other Person or Persons shall stand and bee good and effectual
106in the Law to all Intent~ and Purposes against the Land~ Tenement~ Hereditament~ Good~ and Chattels onely
107of the said Prisoner soe as aforesaid discharged And that it shall and may bee lawfull to and for such Creditor
108or Creditors of such Prisoner or Prisoners soe discharged as aforesaid his her or their Executors Administrators
109or Assignes to take out any new Execution against the Land~ Tenement~ Hereditament~ Good~ and Chattells of
110such Prisoner or Prisoners (his or her Wearing Apparel Bedding for his or her Family and Tools necessary for
111his or her Trade or Occupac~on onely excepted) for the Satisfaction of his her or their said Debt in such Sort
112Manner and Forme as hee she or they might have done if the Person or Persons of such Prisoner or Prisoners
113had never been taken in Execution Any Act Statute Law or Custome to the contrary in any wise notwithstanding.
114
115    And bee it further enacted by the Authority aforesaid That upon any Actions of Escape or other Suit brought
116or to bee brought against any Justice of the Peace Sheriff Goaler or Keeper of Prison for any thing done in
117obedience to this Act itt shall and may bee lawfull to and for such Justice of the Peace Sheriff Goaler and
118Keeper of Prison to plead the General Issue and give this Act and the said Two first mentioned Act~ and the
119Proceeding~ thereon in Evidence which shall bee a good & sufficient Discharge and shall save harmlesse every
120such Justice of the Peace Sheriff Goaler or Keeper of Prison pleading the same And if the Plaintiff in any such
121Action shall bee nonsuited or Verdict passe against him the Defendant shall have Double Cost~ to bee taxed by
122the Court where such Action is brought.
123
124    And further Bee it enacted by the Authority aforesaid That if any Prisoner who hath been discharged by virtue
125of any of the Act~ of Parliament herein before mentioned or who shall bee discharged by virtue of this Act shall
126happen to bee arrested again for any Debt contracted before such his Discharge if such Prisoner shall shew a
127Duplicate of his or her Discharge under the Hand~ and Seales of the Justices of the Peace by whom hee or
128she was discharged or of any two of them and the Officer refuseing to sett att Liberty him or her soe arrested
129and shewing such Duplicate then and in such Case upon Petition to either of the Two Lord~ Chief Justices of
130the King~ Bench and Co~mon Pleas or Lord Chief Baron of the Exchequer for the time being or to any one of

page VII,77

131his Majesties Justices of the Court~ of King~ Bench or Co~mon Pleas for the time being or to any Justice or
132Justices of the Peace of the Place or County where such Prisoner shall bee under Arrest or in Custody the said
133Lord~ Chief Justices or Lord Chief Baron or Justices of the said Court~ or Justices of the Peace or any one or
134more of them shall and may su~mon before him or them such Parties as hee or they shall think fitt and upon
135hearing and examining the Matter in a su~mary way shall and may sett att Liberty and discharge such Prisoner
136upon his or her giving a Warant of Attorney to appeare and file Co~mon Bail to every such Action and to plead
137thereunto.
138
139    And bee it alsoe enacted by the Authority aforesaid That if any Prisoner who hath been or shall bee discharged
140by virtue of any of the Act~ before mentioned or by virtue of this Act shall att any time hereafter be arrested
141or sued for any Debt contracted before such his or her Discharge hee or she may plead the General Issue and
142give this Act and the said Two first mentioned Act~ and the Proceeding~ thereon had in Evidence.
143
144    Provided always That noe Man being under Forty Yeares of Age shall dureing the present Warr with France
145bee discharged from his Imprisonment or have any Benefitt or Advantage by means or virtue of this Act or any
146thing therein contained unlesse such Man or Person doe and shall before his Discharge voluntarily list himselfe
147a Soldier under some Officer or Officers of His Majesties Fleet or Army or in his Place or Stead procure one
148able Man to list himselfe under His Majesties Service Any thing herein before contained to the contrary in any
149wise notwithstanding.
150    Provided that nothing in this Act shall extend to release or discharge any Person or Persons who have
151co~mitted any Felony or Robery and for which any Action hath been brought to recover Damages for the same
152though the Damages be under One hundred Pound~.

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153
154

CHAPTER XX.

155
156

AN ACT FOR GRANTING TO HIS MAJESTY AN ADDITIONALL DUTY UPON ALL FRENCH GOODS AND MERCHANDIZE.

157
158    Wee Your Majesties most dutifull and loyall Subjects the Commons assembled in Parliament have cheerfully
159and unanimously given and granted and doe hereby give and grant unto Your Majesty the additionall and
160other Rates Impositions Dutyes and Charges upon the severall sorts of Goods and Merchandize to bee imported
161into the Kingdome of England Dominion of Wales or Towne of Berwick upon Tweed during such Tyme and in
162such Manner and Forme as herein after followeth And doe humbly pray Your Majesty that it may bee enacted
163And bee itt enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords
164Spirituall and Temporall and Commons in this present Parliament assembled and by the Authority of the same That
165there shall bee answered and paid to His Majesty and His Heires and Successors for the severall Goods and Merchandizes
166hereafter menco~ned over and above all Impositions Dutyes and Charges already imposed and payable upon and for
167the same in the Booke of Rates of Merchandize by Act of Parliament established and the Direction therein contained
168or otherwise the further Rates and Duties following (that is to say)
169    For every Tun of French Wine imported from and after the Twenty eighth Day of February One thousand six
170hundred ninety six for the Terme of One and twenty Yeares and from thence to the End of the next Session of
171Parliament and noe longer Five and twenty Pounds above the Duties already charged thereupon without any Deduction
172and soe proportionable for a greater or lesser Quantity.
173    For every Tun of French Brandy of Single Proofe imported after the Twenty eighth day of February One thousand
174six hundred ninety six for the Terme of One and twenty Yeares and from thence to the End of the next Session
175of Parliament and noe longer Thirty Pounds And for every Tun of French Brandy of Double Proofe imported
176as aforesaid Sixty Pounds over and above the Dutyes already charged thereupon without any Deduction and soe
177proportionably for a greater or lesser Quantity.
178    For every Tun of French Vinegar imported after the said Twenty eighth Day of February One thousand six hundred
179ninety six for the Terme of One and twenty Yeares and from thence to the End of the next Session of Parliament
180and noe longer Fifteene Pounds over and above the Duties already charged thereupon without any Deduction and
181soe proportionably for any greater or lesser Quantity.
182    For all other Goods of the Growth Product or Manufacture of France imported after the said Twenty
183eighth Day of February One thousand six hundred ninety six for the Terme of One and twenty Yeares and from
184thence to the End of the next Session of Parliament and noe longer Five and twenty Pounds per Centum ad
185Valorem over and above the Duties already charged thereupon without any Deduction and soe proportionably for
186a greater or lesser Quantity.
187
188    Provided alwayes and bee itt enacted, That the severall Rates and Impositions hereby imposed upon the respective
189Goods and Merchandizes aforesaid shall bee collected and paid according to the respective Rates and Proportions
190herein expressed and bee raised levyed collected and paid unto His Majesty dureing the respective Tymes before
191mentioned in the same Manner and Forme and by such Rules Meanes and Wayes and under such Penalties and
192Forfeitures as are mentioned and expressed in one Act of Parliament made in the Twelfth Yeare of the Reigne of

page VII,98

193King Charles the Second intituled A Subsidy granted to the King of Tonnage and Poundage and other Summes of
194Money payable upon Merchandize exported and imported and the Rules Directions and Orders thereunto annexed or
195any other Lawes now in force relateing to the Collection of His Majesties Customes which said Act and Acts and every
196Article Rule and Clause therein contained shall stand and bee in force for the Purposes aforesaid dureing the
197Continuance of this Act.
198
199    And whereas a very usefull and profitable Invention or Mystery hath beene lately found out for the better and
200more speedy makeing and knitting of Worsted and Silke Stockings Wastcoates Gloves and other wearing Necessaries
201whereby great Quantities are wrought off in a little tyme His Majesties Dominions abundantly supplyed and great
202Quantities exported into Foreigne Nations to the Increase of His Majesties Customes and the Improvement of Trade
203and Commerce And whereas severall of the Frames or Engines for the makeing and knitting of such Stockings and
204other weareing Necessaries have beene of late exported out of this Kingdome whereby the said Commodities have
205beene made in Foreigne Parts which were heretofore made in this Kingdome onely to the great Discouragement of the
206Woollen Trade in generall and the great detriment of the said Mystery and the Impoverishment of many Familyes
207who have beene thereby maintained For the Prevention of which Inconveniencies for the future bee it enacted by the
208Authority aforesaid That from and after the First Day of May One thousand six hundred ninety six noe Person or
209Persons whatsoever shall load or putt on board any Shipp or Vessell any such Frame or Frames or any Part or
210Parcell thereof in order to bee exported beyond the Seas upon payne that the Person or Persons offending herein
211shall not onely forfeite or loose such Frame and Frames Parts or Parcells of Frames which shall bee soe loaden
212and putt on board in order to be exported beyond the Seas as aforesaid but also the Summe of Forty Pounds of
213lawfull Money of England for such Frame or Part or Parcell thereof the one Moiety thereof to His Majesty His Heires
214and Successors the other Moiety thereof to the Person or Persons who shall informe and sue for the same to bee
215recovered by Action of Debt Bill Plaint or Information in any of His Majesties Courts of Record wherein noe
216Essoigne Protection or Wager of Law shall be allowed or more than one Imparlance.
217
218    And for the more effectuall preventing the Exportation of such Frames Bee itt further enacted by the Authority
219aforesaid That all and every Person and Persons whatsoever which from and after the said First Day of May shall
220buy sell dispose of or remove from Place to Place any such Frame or Engine or any Parts or Parcells thereof
221shall within Two Months next after such Disposall or Removall thereof give Notice in Writeing to the Master and
222Wardens of the Company of Frame-Worke-Knitters within the City of London or to theire lawfull Debuty or
223Debuties for the tyme being some or one of them to whom and what Place the same were soe sold disposed or
224removed To the end that an Accompt may bee taken by the said Master and Wardens or theire Deputy or
225Deputies thereof upon Paine that every Person and Persons offending herein shall forfeite and pay for every such
226Offence to the Uses aforesaid the Summe of Five Pounds of like Money to bee recovered as aforesaid.

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227
228

CHAPTER XVI.

229
230

AN ACT FOR ENLARGEING CO~MON HIGH-WAYS.

231
232    Whereas an Act made in the Thirteenth and Foureteenth Yeares of the Reigne of King Charles the Second
233for enlargeing Common High-ways is expired and that the ordinary Course appointed by the Laws and
234Statutes of this Realme is not sufficient for the enlargeing of the High-ways of this Kingdome Be it enacted by
235the King~ most Excellent Majesty by and with the Advice and Consent of the Lord~ Spiritual and Temporal and
236the Co~mons in this present Parliament assembled and by the Authority of the same That the Justices of the Peace
237of any County City Riding Division Liberty or Place or the major Part of them being Five att the least att their
238Quarter Sessions shall have power to enlarge or widen any Highways in their respective Counties Riding~ Divisions
239Liberties or Places so that the Ground to be taken into the said Highways do not exceed Eight Yard~ in Breadth
240& that the said Power do not extend to pull downe any House or to take away the Ground of any Garden
241Orchard Court or Yard And for the Satisfaction of the Persons who are Owners of or may be interested in the
242said Ground that shall be laid into the said High-ways the said Justices are hereby impowered to impannel a Jury
243before them and to administer an Oath to the said Jury that they will assesse such Damages to be given and
244Recompence to be made to the Owners and others interested in the said Ground Rent or Charge respectively for
245their respective Interest~ as they shall think reasonable not exceeding Five & twenty Yeares Purchase for Land~
246so laid out and likewise such Recompence as they shall think reasonable for the making of a new Ditch and
247Fence to that side of the High-way that shall be so enlarged and also Satisfaction to any Person that may be
248otherwise injured by the enlargeing of the said High-ways and upon Payment of the said Money so awarded or
249leaving itt in the Hand~ of the Clerk of the Peace of the respective County for the Use of the Owner or of
250others interested in the said Ground the Interest of the said Persons in the said Ground-Rent or Charge shall be
251for ever divested out of them and the said Ground and all other Ground~ that shall be laid into any High-way
252by virtue of this Act shall be esteemed and taken to be a Publick High-way to all Intent~ and Purposes whatsoever
253and the said Justices of the Peace for any County City Riding Division Liberty or other Place or the major part
254of them being Five att the least shall have power to order one or more Assessment or Assessment~ to be made
255levied or collected upon all and every the Inhabitant~ Owners or Occupiers of Land~ Houses Tenement~ or
256Hereditament~ in their respective Parishes or Places that ought to repaire the same to such Person and Persons and
257in such manner as the said Justices att such Sessions shall direct and appoint and the Money thereby raised shall
258be imployed and accounted for according to the Order & Direction of the said Justices for and toward~ the
259purchasing of the Land to enlarge the said Highways and for the making the said Ditches and Fences and the said
260Assessment shall by order of the said Justices be levied by the Overseers of the High-ways by Distresse and
261Sale of the Good~ of Persons so assessed not paying the same within Ten Days after Demand rendring the Overplus
262of the Value of the Good~ so distrained to the Owner and Owners thereof (the necessary Charges of making and
263settling such Good~ being first deducted.)

page VII,211

264
265    Provided neverthelesse and be it enacted That no such Assessment or Assessment~ made in any One Yeare
266for enlargeing of High-ways shall exceed the Rate of Six Pence in the Pound of the yearely Income of any Land~
267Houses Tenement~ and Hereditament~ nor the Rate of Six pence in the Pound for Personal Estates.
268
269    And that no Person may be surprised by the Power contained in this Act but may have timely Notice to appear
270to make their Complaint~ to the said Justices Be it enacted by the Authority aforesaid That the Justices of Peace
271of any County City Riding Division Liberty or Place or the major part of them being Five att the least att their
272Quarter Sessions att the Request of any Person for the Putting in Execution the Powers contained in this Act
273for the enlargeing of High ways shall issue out their Precept~ to the Owner or Owners of Ground or others
274interested in the same that are to be laid into the said Highways to appeare att the next Quarter Sessions or
275shew cause why the said High-ways should not be enlarged Any thing in this Act contained to the contrary
276notwithstanding.
277
278    Provided also and be it enacted by the Authority aforesaid That if any Order or Decree shall be made by the
279said Justices for the laying out of Ground for the enlargeing of High-ways that the Owners or Proprietors of the
280said Ground have hereby free Liberty within Eight Months after such Order to cutt downe any Wood or Timber
281growing upon the said Ground or upon the neglect thereof that the same shall be sold by Order of the said
282Justices and the Owners of such Wood or Timber shall receive the full of what shall be made of such Wood or
283Timber (the Charges of working the same being first deducted.)
284
285    And be it further enacted by the Authority aforesaid That it shall & may be lawfull for any Person grieved
286by the Order or Decree of the said Justices to appeal to the Judges of Assize att the next Assize onely to be
287held for the County where such Decree or Order shall be made and any of the said Judges are hereby impowered
288to reexamine affirme or reverse the said former Order and Decree as in Judgement they shall think fitt and if
289affirmed to award Cost~ against such Appellant~ for their Vexation and Delay and to cause the same to be levied
290by Distresse and Sale of the Appellant~ Good~ rendring the Overplus (if any such be) to the said Appellant~.
291
292    Provided also and be it enacted That where any Co~mon High-way att any Time hereafter shall be enclosed after
293a Writt of Ad quod Dampnum issued and Inquisiton thereupon taken it shall and may be lawfull to and for any
294Person or Persons injured or agrieved by such Inclosure to make their Complaint thereof by Appeal to the Justices
295att the Quarter Sessions to be held for the same County next after such Inquisition taken who are hereby authorized
296and impowered to heare and determine such Appeal and whose Determination therein shall be final and if no
297such Appeal be made then the said Inquisition and Returne entred and recorded by the Clerke of the Peace
298of such County att the Quarter Sessions shall be forever afterward~ binding to all Persons whatsoever without
299any further or other Appeal Any Law or Statute to the contrary notwithstanding.
300
301    And for the better convenience of travelling in such Part~ of this Kingdome which are remote from Towns and
302where several High-ways meet Be it further enacted by the Authority aforesaid That it shall and may be lawfull
303to and for his Majesties Justices of the Peace att their respective Special Sessions to be held once in Foure Months
304by virtue of an Act made in the Third and Fourth Yeares of the Reigne of King William and Queen Mary
305intituled An Act for the better repairing & amending the High-ways and for settling the Rates of Carriage of Good~
306so often and in such Cases as they shall think necessary to direct their Precept to the Surveyors of the High-ways
307in any Parish or Place where Two or more Crosse High-ways meet requiring them forthwith to cause to be erected
308or fixed in the most convenient Place where such Ways joyn a Stone or Post with an Inscription thereon in large
309Letters containing the Name of the next Markett Towne to which each of the said joyning High-ways lead~ who
310is to be reimburst according as the said Act for the repairing of High-ways direct~ And in case any Surveyor or
311Surveyors shall be the Space of Three Months after such Precept to him or them directed and delivered neglect
312or refuse to cause such Stone or Post to be fixed as is aforesaid every such Offender shall forfeit the Su~m of Ten
313Shilling~ to be levied by Warr^t. under the Hand and Seale of any Justice of the Peace of the Peace of Riding
314Division or Liberty where such Parish or Place shall be such Warr^t. to be directed to the Constable of such Parish
315or Place requiring him to distraine the Good~ of such Offendor and sell the same rendring to him the Overplus
316(if any be) and to imploy such Su~m so levied in and toward~ such Stone or Post as is aforesaid and in case
317any Part of the said Su~m shall remaine after such Stone or Post erected then to imploy such remaining Su~m in
318amending the same crosse High-ways and not otherwise.

page VII,454

319
320

CHAPTER III.

321
322

AN ACT TO PROHIBIT THE EXPORTATION OF ANY CORN MALT MEALE FLOUR BREAD BISCUIT OR STARCH FOR ONE YEARE FROM
323THE TENTH DAY OF FEBRUARY ONE THOUSAND SIX HUNDRED NINETY EIGHT.

324
325    Whereas the Price of Corn at this time within the Kingdom of England Dominion of Wales and Towne
326of Berwick upon Tweed is become very great and in some parts thereof excessive which tends to the
327Impoverishment of many of His Majesties good Subjects especially of poor Manufacturers and other of the meaner
328Condition And by reason the Corn in severall other parts of Europe is scarcer and dearer than in England it
329is likely that severall Persons for their private Advantage or Lucre will export or carry great Quantities of Corn
330from this Kingdom or the Dominion or Towne aforesaid to Forreigne Parts whereby the Price of Corn here will
331be further inhanced to the Detriment of His Majesties good Subjects and the Destruction of many of them if a
332timely Remedy in this behalfe be not provided Be it therefore enacted by the Kings most Excellent Majesty by
333and with the Advice and Consent of the Lords Spirituall and Temporall and Commons in this present Parliament
334assembled and by the Authority of the same That no Person or Persons whatsoever from and after the Tenth
335Day of February in the Yeare of our Lord One thousand six hundred ninety eight and before the Tenth Day
336of February which shall be in the Yeare of our Lord One thousand six hundred ninety nine shall directly or
337indirectly export transport carry or convey or cause or procure to be exported transported carried or conveyed
338out of or from the said Kingdom of England Dominion of Wales and Towne of Berwick upon Tweed or any of
339them or load or lay on board or cause or procure to be laden or laid on board in any Ship or other Vessell
340or Boat in order to be exported or carried out of the Kingdom Dominion or Towne aforesaid to or for any
341Forreigne Parts or to or for the Kingdom of Scotland or load or putt or cause to be loaded or putt on any
342Horse or Cart or otherwise to be carried to the said Kingdom of Scotland any Wheat Rye Miscellany Barley or
343other Corn whatsoever or any Meal Malt Starch or Flower thereof or any Bread or Biscuit whatsoever (other
344than such as are especially allowed to be shipped or carried out by this Act) under the Pains and Forfeitures
345hereinafter mentioned (that is to say) That all the Corn Meal Flour Biscuit Malt Starch and Bread that shall
346be soe exported shipped or laid on board or loaded to be exported or carried out contrary to this Act shall be
347forfeited And that every Offender and Offenders therein shall forfeite the Sum of Twenty Shillings for every
348Bushell of Corn Malt Meal or Flower and Twelve Pence for every Pound Weight Troy of Bread Biscuit or Starch
349which shall be soe exported shipped or putt on board to be exported contrary to this Act And moreover the
350Ship or Vessell upon which such Corn Meal Flour Biskett Malt Starch or Bread shall be soe exported or shipped
351to be soe exported and all her Guns Tackle Apparell and Furniture shall be forfeited the One Moiety of all
352which Penalties and Forfeitures shall be to the Kings Majesty His Heires and Successors and the other Moiety to

page VII,455

353him or them who will sue for the same to be recovered by Action of Debt or of the Case Bill Suit Plaint or
354Information in any of His Majesties Courts of Record at Westminster or before the Justices of the Assize or of
355the Great Sessions in Wales or by Information at any Generall Quarter Sessions of the Peace for the County City
356Rideing or Place where the Offence shall be committed and in such Suite no Essoigne Protection or Wager of
357Law shall be allowed And that the Master and Mariners of any such Ship or Vessell wherein any such Offence
358shall be committed knowing such Offence and wittingly and willingly aiding and assisting thereunto and being
359thereof duely convicted in any such Court of Record as aforesaid or at the Generall Quarter Sessions of the
360County City Rideing or Place where such Offence shall be committed or where they shall be apprehended or
361arrested for such Offence shall have Imprisonment by the space of Three Months without Bail or Mainprise
362
363    And be it further enacted by the Authority aforesaid That it shall and may be lawfull to or for any Person
364or Persons being a Commissioner or Commissioners Officer or Officers of His Majesties Customs or being
365lawfully authorized in this behalfe by the Commissioners of His Majesties Treasury or any three or more of
366them for the time being or by the Treasurer of the Exchequer for the time being to take and seize all such
367Corn Meale Flour Biscuit Malt Starch and Bread not allowed to be exported by this Act as he or they shall
368happen to soe find know or discover to be laid on board in any Ship or other Vessell or Boate at Sea or in any
369Port or in any navigable River or Water to the Intent or Purpose to be exported transported or conveyed out of
370the Kingdom or Dominion aforesaid or to be laden on any Horse Cart or other Carriage to the Intent or Purpose
371to be carried or conveyed into Scotland and to bring the same to the Kings Ware-House belonging to the
372Custom-House next the Place where such Seizure shall be made to be proceeded against and (in case of Recovery)
373to be divided according to this Act.
374
375    Provided alwaies That this Act or any thing therein contained shall not extend to prohibit the Exportation or
376carrying out of such Corn Bread Meal Malt Starch Flour or Biskuit as shall be necessary to be carried in any
377Ship or other Vessell or Vessells in their Voyages from this Kingdom or the Dominion aforesaid or in their Returne
378to the same only for the Sustenance or Diet of the Commanders Masters Mariners Passengers or others in the
379same Ships and not to be sold in any Forreigne Parts or for the Victualling any of His Majesties Ships in any
380Forreigne Parts Any thing herein contained to the contrary notwithstanding
381
382    Provided alsoe That this Act or any thing therein contained shall not extend to any Corn Meal Malt Ground
383Malt Flour Starch or Biscuit which shall be exported or shipped to be exported out of or from any the Ports
384of this Kingdom or Dominion of Wales to the Forts Castles and Factories in Africa unto such of His Majesties
385Islands or Colonies in America that have usually been supplied with Corn or Meale or Starch from this Kingdom
386or from the Dominion of Wales aforesaid for the Sustentation of the Inhabitants of the said Islands or Colonies
387Forts Castles or Factories or for the Benefitt of the English Fishery in those Parts only soe as the Exporter doe
388before the shipping or laying on board the same declare the Island or Colony Islands or Colonies for which the
389said Corn or Meale or Starch is designed and doe become bound with other sufficient Security in Treble the
390Value to the Commissioners or Officers of His Majesties Customs respectively (who have hereby Power to take
391such Security in His Majesties Name and to His Majesties Use) that such Corn Meale or Flour or Starch shall
392not be landed or sold in any Parts whatsoever other than the Islands or Colonies for which the same shall be soe
393declared for the takeing of which Security no Fee or Reward shall be demanded or received Any thing herein
394contained to the contrary notwithstanding And the said Bond or Bonds if not prosecuted within Three Yeares shall
395be void
396
397    Provided alsoe That this Act or any thing therein contained shall not extend to anay Malt to be transported
398out of or from the Port of Southampton only unto the Islands of Jersey and Guernsey or either of them for the
399only Use of the Inhabitants of those Islands soe as the Exporter before the lading of such Malt or laying the same
400on board doe become bound with other sufficient Security (which the Customer or Comptroller of the same Port
401hath hereby Power to take in His Majesties Name and to His Majesties Use and for which Security no Fee or
402Reward shall be given or taken) that such Malt shall be landed in the said Islands of Jersey and Guernsey or one
403of them the Danger of the Seas only excepted for the Use of the Inhabitants there and shall not be landed or
404sold in any other Parts whatsoever and soe as the whole Quantity of Malt which betweene the said Tenth Day of
405February One thousand six hundred ninety eight and the said Tenth Day of February One thousand six hundred
406ninety nine shall be shipped at the said Port for Jersey and Guernsey or either of them as aforesaid doe not exceed
407Four thousand Quarters Any thing herein contained to the contrary notwithstanding
408
409    And it is hereby provided and enacted by the Authority aforesaid That it shall and may be lawfull for any
410Person or Persons to ship or putt on board any Corn Meale Flour Bread Malt Starch or Biscuit to be carried
411Coastwise (that is to say) from any Port Creeke or Member of the Kingdom of England Dominion of Wales or
412the Towne of Berwick upon Tweed to any other Post Creeke or Member of the same having a Coast-Coquet or
413Sufferance for that purpose and sufficient Security being first given for the landing and discharging the same in
414some other Port Member or Creeke of the Kingdom Dominion or Towne aforesaid and returning a Certificate in
415Six Months as is required by Law in Cases where Goods are carried Coastwise and not otherwise Any thing herein
416contained to the contrary notwithstanding
417

page VII,456

418    Provided alwaies and be it enacted That this Act or any thing therein contained shall not extend or be construed
419to hinder or obstruct any Person or Persons whatsoever in the Carriage of Corn Graine or Malt in any Boats
420or Vessells upon any Navigable River or Rivers to their Ordinary Marketts or any other Place or Places within
421the said River or Rivers within this Realme or the Dominion aforesaid soe as the same be not shipped or put
422on any Boat or Vessell in order to be shipped for Exportation And that in such Islands or Places within any
423of the Counties of England and Wales where the Inhabitants have usually carried by Water their Corn Graine
424or Malt to any Markett or Marketts within England or Wales without takeing forth any Coast-Cocquetts and
425thereupon giveing Bonds and returning Certificates as aforesaid such Inhabitants may lawfully carry by Water such
426their Corn Graine and Malt to such Marketts without being obliged by this Act or any thing herein contained to
427take forth any such Coast-Cocquetts or to give such Coast-Bonds or to returne Certificates thereupon as aforesaid
428And that for such Corn Graine and Malt of the Growth of the Isle of Wight as shall be carried from thence to any
429of the ordinary Marketts in the County of Southampton or Towne of Southampton and County of the same or of
430the County of Sussex in any open Boat the Officers of His Majesties Customs shall not demand or take any Fee
431or Reward whatsoever for the Coquett Cast-Bond or Certificate in that respect to be given
432
433    Provided alwaies and be it enacted by the Authority aforesaid That in case His Majesty at any time or times
434before the said Tenth Day of February One thousand six hundred ninety nine shall find the Price of Corn to
435decrease in the Publick Marketts and for that reason (in His Royall Discretion) shall judge it to be most for the
436Benefitt and Advantage of his Kingdom to permitt the Exportation of Corn that then it shall be lawfull to and
437for His Majesty by His Royall Proclamation or Proclamations to be issued by and with the Advice of His Privy
438Councill from time to time to permitt and suffer all and every Person and Persons Natives and Forreigners (but
439not any particular Persons) at any time or times before the said Tenth Day of February One thousand six hundred
440ninety nine to export or carry out of the Kingdom of England Dominion of Wales and Towne of Berwick upon
441Tweed Wheat Barley Malt Rye Miscellany Oats and all other Corn and Graine or any Kinds and Quantities thereof
442as to His Majesty shall seeme meete and as in such Proclamation or Proclamations shall be publickly expressed
443and declared either to and for the Kingdom of Scotland and all other Forreigne Parts whatsoever or any of them
444Any thing herein or in any other Act or Acts or Parliament contained to the contrary notwithstanding.
445
446    And be it further enacted by the Authority aforesaid That the Commissioners of the Customes for the time being
447shall and they are hereby required to give a full and true Accompt in Writing to both Houses of Parliament at
448the begining of the next Session thereof of all Corn and Graine of what Nature or Kind soever that shall before
449that time be exported to any Place whatsoever by virtue or in pursuance of any the Liberties or Powers hereby
450given or granted for that purpose.
451
452

CHAPTER IV.

453
454

AN ACT TO PROHIBIT THE EXCESSIVE DISTILLING OF SPIRITS AND LOW WINES FROM CORNE AND AGAINST THE EXPORTING OF
455BEER AND ALE AND TO PREVENT FRAUDS IN DISTILLERS.

456
457    Whereas it is found by Experience that the drawing distilling and makeing of Brandies or Spiritts from
458Malt is one Cause of the present dearnesse of Corne especially of Barley in this Realme and by reason of
459the great Scarcity of Corne in Forreigne Parts and the Restraints which are or may be made there of distilling
460Spiritts from Corne great Demands are and may be made of Spiritts drawne from malted Corne in this Kingdom
461to supply the occasions of those Forreigne Parts which must needs tend to a further enhanceing of the Price of
462Corne here and prove a great Grievance to many His Majesties good Subjects if a speedy Remedy be not provided
463be it therefore enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords
464Spirituall and Temporall and Commons in this present Parliament assembled and by the Authority of the same
465That no Person or Persons whatsoever from and after the last Day of January in the Yeare of our Lord One
466thousand six hundred ninety eight and before the First Day of February which shall be in the Yeare of our Lord
467One thousand six hundred ninety nine shall directly or indirectly draw distill or make or cause or procure to be
468drawne distilled or made within the Kingdom of England Dominion of Wales and Towne of Berwick upon Tweed
469and Brandy Aqua Vitae Spiritts or Low Wines whatsoever other than such Quantities as are allowed by this Act
470and under such Restrictions and in such Manner and Forme as are herein prescribed from any Malt Corne or
471Graine or from any Wash or Liquors produced or to be produced from any Malt Corne or Graine whatsoever
472under the Penalties and Forfeitures herein after mentioned (that is to say) That all the Brandy Aqua Vitae Spiritts
473and Low Wines soe made or drawne shall be forfeited and that every Offender and Offenders therein shall forfeite
474and pay the Sum of Ten Shillings for every Gallon of Brandy Aqua Vitae Spiritts or Low Wines which shall be
475drawne distilled or made contrary to this Act and moreover that all the Stills Backs Casks and other Utensills and
476Vessells imployed in the distilling drawing makeing or keeping the same or any part thereof shall be forfeited the
477moiety of all which Penalties and Forfeitures shall be to the Kings Majesty His Heires and Successors and the
478other moiety to him or them that shall discover informe or sue for the same and the said Penalties and Forfeitures
479shall and may be recovered in the same Manner and by the same Meanes as any Penalties and Forfeitures by any

page VII,457

480of the Laws and Statutes for the Excise now in force for any Offence or Offences against the same are or may
481be recovered and that all Servants and others who shall be wittingly or willingly aiding or assisting in the makeing
482of the said Spiritts or Low Wines contrary to this Act and being thereof duely convicted in any of His Majesties
483Courts of Record at Westminster or at the Generall Quarter Sessions of the County City Rideing or Place where
484such Offence shall be committed or where such Person or Persons shall be apprehended or arrested for such
485Offence shall suffer Imprisonment by the space of Six Months without Bail or Mainprize.
486
487    Provided alwaies That it shall and may be lawful for any Person or Persons drawing Spiritts Brandy or Low
488Wines from any Forreigne Materialls or any English Materialls other than such as are prohibited by this Act to
489make use of a reasonable Quantity of Yeast for the Fermentation of their Wash in order to the distilling of the
490same Any thing in this or any other Act to the contrary notwithstanding
491
492    And whereas it is found by experience That His Majesty hath been very much defrauded of His Duties upon
493Low Wines and Spiritts by many Distillers and other Persons who keepe or sett up private and concealed Warehouses
494Storehouses Cellars or other Places or private or concealed Stills Backs or other Vessells for the makeing preparing
495or keeping Wash Low Wines Spiritts or other Materialls fitt for Distillation and by Private Pipes and Stopcocks
496and other Private Conveyances have Communication betweene their Private and Publick Backs and other Vessells
497by which they doe privately convey their Wash or other Liquors fitt for Distillation from one Back or other Vessell
498to another by meanes whereof the Officers cannot take and keepe a true and distinct Account of such Wash and
499other Liquors fitt for Distillation nor of the Low Wines and Spiritts made or drawne from the same And whereas
500the Gaugers and Officers of Excise are not sufficiently impowered by Law upon Suspicion or Knowledge of such
501Frauds to enter the Houses or Places where the same are practised without Consent of the Possessors thereof or
502upon Entry and Discovery of such Frauds cannot find out or discover the Person or Persons concerned therein
503by reason that the true Owner or Owners of such Warehouses Storehouses Cellars or other Places Stills Backs
504or other Vessells Spiritts Low Wines Wash or other Materialls fitt for Distillation will not appeare or Claime
505any Interest therein but frequently disowne the same Be it therefore enacted by the Authority aforesaid That
506every Distiller having and keeping any Private Pipe or Stopcock or other Private Conveyance by which any Wash
507or other Liquors fitt for Distillation may be conveyed from one Back or Vessell to another or from any such
508Back or other Vessell to their Still or Stills or into any other Place shall before the Eight and twentieth day of
509February One thousand six hundred ninety eight take up or demolish every such Pipe Stopcock or other Private
510Conveyance and shall alsoe stop up every Hole in every such Back or Washbatch by which any Wash or other
511Liquors fillfitt for Distillation may be conveyed into or out of such Back or Washbatch or any of them and that
512no Distiller from and after the said Eight and twentieth Day of February shall have or keepe any Private Pipe
513Stopcock or other Private Conveyance by which any Wash or other Liquors fitt for Distillation may be conveyed
514from one Back or other Vessell to another or from any such Back or other Vessell to his or her Still or Stills or
515into any other Place nor shall have or keepe any Hole in any such Back or Washbatch by which any Wash or
516any other Liquors fillfitt for Distillation may be conveyed into or out of such Back or Washbatch or any of them
517on Paine to forfeite for every such Pipe Stopcock Conveyance and Hole the Sum of One hundred Pounds
518
519    And for the better discovering of all such Pipes Stopcocks and other Private Conveyances aforesaid Be it further
520enacted That from and After the said Eight and twentieth Day of February it shall and may be lawfull to and
521for the Gaugers and Officers of Excise or any of them in the Day time and in the Presence of a Constable or
522other lawfull for the Peace (who are hereby required to be aiding and assisting therein) on Request first
523made and Cause declared to breake up the Ground in any Distilling House or the Ground near adjoyning or any
524Wall Partition or other Place to search for any such Pipe Stopcock or any other private Conveyance and upon
525finding such Pipe or other Conveyance to breake up the Ground House Wall or other Partition or Place through
526or into which any such Pipe or other Conveyance shall lead and to breake up or cutt any such Pipe or other
527Conveyance and to turne any Cock or Cocks to try and examine whether such Pipe or other Conveyance may or
528can convey any Wash or other Liquors fitt for Distillation out of one Back or Vessell into another or from any
529such Back or Vessell into any Still or Stills or into any other Place.
530
531    Provided alwaies That in case upon such Search no such Pipe or other Private Conveyance shall be found
532such Gaugers and Officers of Excise shall make good the Ground Wall House or other Place soe broken up as
533aforesaid or make reasonable Satisfaction to the Owner or Owners thereof to be adjudged by Two of the next
534Justices of the Peace whereof one to be of the Quorum or the Party injured shall be at liberty to bring his
535Action for the Damages by him sustained and what shall be adjudged by the said Justices or recovered upon such
536Action shall be paid out of His Majesties Revenue of Excise by the Commissioners thereof for the time being
537and if any Distiller or any other Person or Persons whatsoever shall oppose obstruct or hinder any such Gauger
538or Officer in the due Execution of the Powers hereby given and granted every such Distiller and other Person
539shall forfeite and loose for every such Offence the Sum of One hundred Pounds
540
541    Provided neverthelesse and it is hereby declared That it shall and may be lawfull to and for any Distiller to
542keepe and make use of any Pipe Stopcock or other Conveyance above Ground which are Publick and in open

page VII,458

543View from one End thereof to the other for the letting his Wash out of his Publick Coolers into his Publick
544Backs or Washbatches and for conveying his Wash or Worts out of such Publick Back or Washbatch into his
545Publick Stills Any thing in this Act or any other Law or Statute to the contrary in any wise notwithstanding
546
547    And be it further enacted by the Authority aforesaid That in case the Gaugers or Officers of Excise or any
548of them shall know or have cause to suspect any such Private or concealed Still Back or other Vessell Spiritts
549Low Wines Wash or other Materialls preparing for Distillation to be sett up or kept in any House or Place and
550shall make Affidavit before one or more Justice or Justices of the Peace for the County or Place where he shall
551soe know or suspect such Private or concealed Still Back or other Vessell Spiritts Low Wines or Materialls preparing
552for Distillation are or shall be soe sett up or kept and shall in such Affidavit declare the Grounds of such his
553Knowledge or Suspition then and in such case it shall and may be lawfull for such Officer or Officers in the
554Day time and in the Presence of a Constable or other lawfull Officer of the Peace (who are hereby required to
555be aiding and assisting therein) by Warrant from such Justice or Justices of the Peace before whom such Affidavit
556shall be made to be directed to such Officer or Officers of Excise (which Warrant the said Justice or Justices of
557the Peace are hereby authorized and required to grant) to breake open the Door or any Part of such House or
558Place where he or they shall soe know or suspect such Private or concealed Still Back or Vessell Spiritts Low
559Wines or Materialls for Distillation are soe sett up or kept and to enter into such House or Place and to seize
560all such Stills Backs or other Vessells and also all such Spiritts Low Wines Wash or other Materialls for
561Distillation that shall be found therein and to detaine and keepe the same in such House or other Place where
562he or they shall find the same soe kept private or concealed and in case the same shall not within Twenty Daies
563next after such Seizure be claimed by the true and lawfull Owner thereof then the said Stills Backs and other
564Vessells Spiritts Low Wines and Materialls for Distillation shall be absolutely forfeited and shall and may be sold
565at the next generall Day of Sale to be appointed by the Commissioners of Excise or their Officer or Officers
566respectively after the said Twenty Daies are expired one Moiety of the Proceed thereof (all necessary Charges being
567first deducted out of the whole) to be paid to the Use of His Majesty His Heires and Successors and the other
568Moiety to the Party or Parties who shall soe discover and seize the same and in case such Stills Backs and other
569Vessells Spiritts Low Wines and Materialls for Distillations shall within the said Twenty Daies be claimed by any
570Person or Persons whatsoever the Person or Persons soe claiming the same shall forfeite and loose for every such
571Warehouse Storehouse or other Place in which any such Still Back or other Vessell shall be found and alsoe for
572every such Still Back and other Vessell found therein the Sum of Two hundred Pounds
573
574    Provided alwaies That in case upon such breaking open any such Door or House no such Private or concealed
575Back Still or other Vessell Spiritts Low Wines Wash or other Materialls or Distillation shall be found such
576Gauger and Officers of Excise shall make good the House or Place soe broken up as aforesaid or make reasonable
577Satisfaction to the Owner or Owners thereof to be adjudged by Two of the next Justices of the Peace whereof
578one to be of the Quorum or the Party injured shall be at liberty to bring his Action for the Damages by him
579sustained and what shall be adjudged by the said Justices or recovered upon such Action shall be paid out of
580His Majesties revenue of Excise by the Commissioners thereof for the time being and if any Distiller or any
581other Person or Persons whatsoever shall oppose obstruct or hinder any such Gauger or Officer soe authorized as
582aforesaid in the due execution of the Powers hereby given and granted every such Distiller or other Person shall
583forfeite and loose the Sum of Two hundred Pounds all which said Penalties shall be recovered and levied by
584the same Meanes and Methods as any Fine or Penalty imposed by any Law of Excise now in force is recoverable
585One Moiety of which said Forfeitures shall be to His Majesty His Heires and Successors and the other Moiety
586to him or them that will discover informe or sue for the same as aforesaid
587
588    And whereas many Distillers on pretence of rectifying of Spiritts doe mix Spiritts with Wash and other Liquors
589and afterwards distill the same whereby His Majesties Duties on Low Wines are avoided and not duely answered
590and paid as by the former Acts is directed and appointed for Prevention whereof be it enacted and declared by
591the Authority aforesaid That all Spiritts made or drawne by any Distiller from any Mixture of Spiritts with any
592kind of Wash or other Liquor (except common Water) shall be deemed and taken to be Low Wines and shall
593be chargeable with the Duties already sett and imposed on Low Wines drawne from Forreigne Materialls.
594
595    Provided alwaies and be it enacted by the Authority aforesaid That in such House and Houses and other
596Edifices which were used as publick or open Distilleries for the drawing or distilling of Spiritts or Low Wines
597from Wort or Drink brewed from malted Corne during the Yeare ended on the Thirtieth Day of September One
598thousand six hundred ninety and eight or during any part thereof (and in no other House or Place whatsoever)
599it shall and may be lawfull to and for the Owners and Occupiers of the said Houses and Distilleries respectively
600at any time or times betweene the last Day of January One thousand six hundred ninety and eight and the First
601Day of February One thousand six hundred ninety and nine to draw distill and make or cause to be drawne
602distilled and made any Spiritts or Low Wines from Drink or Wort brewed from malted Corne soe as the whole
603Quantity of Low Wines or Spiritts of the first Extraction which betweene the said last Day of January One thousand
604six hundred ninety and eight and the said First Day of February One thousand six hundred ninety and nine shall
605be drawne distilled or made in every such Distillery respectively from any Malt Corne or Graine or from the

page VII,459

606Produce thereof doe not in the whole exceede halfe the Quantity of Low Wines or Spiritts of the first Extraction
607which in the Yeare already ended as aforesaid were drawne distilled or made within the same House or Distillery
608respectively from Drink or Wort brewed with malted Corne and soe as the Quantity of Low Wines or Spiritts of
609the first Extraction which in the First Second Third and every other Kalendary Month of the Yeare reckoned from
610the said last Day of January One thousand six hundred ninety an eight shall be drawne distilled or made in
611every such Distillery respectively from Malt Corne or Graine or from the Produce thereof doe not exceed halfe the
612Quantity of Low Wines or Spiritts of the first Extraction which in the like First Second Third and every other
613Calendary Month of the Yeare ended as aforesaid were drawne distilled or made within the same House or Distillery
614respectively from Drink or Wort brewed with Malted Corne And in Case any Doubt or Controversy shall arise
615concerning the Quantity of Spiritts or Low Wines which were drawne or distilled in any House or Distillery within
616or during the said Yeare ended on the said Thirtieth Day of September One thousand six hundred ninety and eight
617or any Month of the same from Drink or Worts brewed from malted Corne or concerning the exceeding of halfe
618the Quantity or Proportion in the Yeare to be reckoned from the said last Day of January One thousand six
619hundred ninety and eight or in any Month thereof then the same shall be determined by the Accounts or Vouchers
620returned into the Head Office of the Excise containing the Quantities of such Low Wines or Spiritts of the first
621Extraction made in every such House or Distillery within or during the Yeare already ended as aforesaid whereby
622His Majesties Duties were charged or chargeable or by the Entries of the same to which all Persons concerned
623(upon reasonable Request) shall have free accesse without Fee or Charge Any thing herein contained to the contrary
624notwithstanding
625
626    And be it enacted by the Authority aforesaid That the Commissioners of the Excise or any Three or more of
627them upon Request to them made shall make forth and deliver in Writing under their Hands gratis to the Owners
628or Occupiers aforesaid or such as they shall appoint a true Account of the Quantities of Low Wines or Spiritts
629of the first Extraction charged in the said Vouchers as were made in every respective Distillery in each respective
630Month of the Yeare ended at the Thirtieth Day of September One thousand six hundred ninety and eight as
631aforesaid from Drink or Worts brewed with malted Corne
632
633    And be it further enacted by the Authority aforesaid That no Person or Persons whatsoever from and after the
634last Day of February in the Yeare of our Lord One thousand six hundred ninety and eight and before the
635First Day of February which shall be in the Yeare of our Lord One thousand six hundred ninety and nine shall
636directly or indirectly export transport carry out convey or cause or procure to be exported or transported carried or
637conveyed out of or from the said Kingdome of England Dominion orof Wales orand Towne of Berwick upon Tweed
638or any of them or load or lay on board or cause or procure to be loaden or laid on board in any Ship Vessell
639or Boat in order to be exported or carried out of the Kingdom Dominion or Towne aforesaid for any Forreigne
640Parts any Beere Ale or any Wash or Worts drawne from Corne or any Ale or Beere from which Spiritts may
641be extracted under the Pains and Forfeitures herein after mentioned that is to say For every Barrell of Beere
642Ale Wash or Worts soe exported the Sum of Five Pounds and soe in proportion for any greater or lesser Quantity
643One Moiety thereof to His Majesty and the other Moiety to the Informer to be recovered as other Penalties by this
644Act are directed to be recovered
645
646    Provided alwaies That this Act or any thing therein contained shall not extend to prohibite the Exportation
647or carrying out of such Beere or Ale as shall be necessary to be carried in any Ship or other Vessell or Vessells
648from this Kingdom or the Dominion aforesaid or in their Returne to the same only for the Sustenance or Drink
649of the Commanders Masters Marriners Passengers or others in the same Ships and not to be sold in Forreigne
650Parts or for the Supply of any of His Majesties Ships in Forreigne Parts Any thing in this Act to the contrary
651notwithstanding
652
653    Provided alsoe That nothing in this Act contained shall extend to any Beere or Ale which shall be exported
654or shipt to be exported out or from any of the Ports of this Kingdom or Dominion of Wales unto such of His
655Majesties Colonies in America Persia or the East-Indies that have been usually supplyed with such Liquors from
656this Kingdom or from the Dominion of Wales aforesaid or for the Sustentation of the said Islands and Colonies
657Forts Castles and Factories therein only soe as the Exporters before the shipping or laying on board the same for
658the Islands or Colonies for which the said Liquor is designed doe give sufficient Security in Treble the Value to
659the Commissioners or Officers of His Majesties Customs respectively who have hereby Power to take such Security
660in His Majesties Name and to His Majesties Use that such Liquors shall not be landed in any Parts whatsoever
661other than the Islands and Colonies for which the same shall be soe declared for takeing which Security no
662Fee or Reward shall be demanded or received And the said Bond or Bonds or other Securities if not prosecuted
663within Three Years shall be void
664
665    Provided alwaies That nothing in this Act contained shall extend to prevent or hinder Charles Bennett Distiller
666from drawing or distilling Spiritts or Low Wines from Worts or Drink brewed from malted Corne from the last
667Day of January One thousand six hundred ninety eight to the First Day of February One thousand six hundred

page VII,460

668ninety nine alwaies soe as the whole Quantity of Low Wines or Spiritts of the first Extraction which betweene the
669said last Day of January One thousand six hundred ninety eight and the said First Day of February One thousand
670six hundred ninety nine shall be drawne distilled or made in his now Distillary from any Malt Corne or Graine
671or from the Produce thereof doe not in the whole exceed halfe the Quantity of Low Wines or Spiritts of the
672first Extraction by him drawne and extracted in the Yeare already ended on the Thirtieth of September One thousand
673six hundred ninety eight and soe as the said Charles Bennett doth observe and performe in all things else as all
674other Distillers are by this Act obliged to observe and performe.

page VII,586

675
676

CHAPTER IV.

677
678

AN ACT FOR THE FURTHER PREVENTING THE GROWTH OF POPERY.

679
680    Whereas there has beene of late a much greater Resort into this Kingdom than formerly of Popish
681Bishops Priests and Jesuits and they doe very openly and in insolent Manner affront the Laws and daily
682endeavour to pervert His Majesties naturall borne Subjects which has beene occasioned by Neglect of the due
683Execution of the Laws already in Force For preventing the further Growth of Popery and of such treasonable
684and execrable Designes and Conspiracies against His Majesties Person and Government and the Established Religion
685as have lately as well as frequently heretofore been brought to Light and happily defeated by the wonderfull
686Providence of God Be it enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the
687Lords Spirituall and Temporall and Commons in this present Parliament assembled and by Authority of the same
688That from and after the Five and twentieth Day of March One thousand and seaven hundred all and every
689Person and Persons who shall apprehend and take one or more Popish Bishop Priest or Jesuite and prosecute him
690or them soe apprehended and taken untill he or they be convicted of saying Mass or of exerciseing any other
691Part of the Office or Function of a Popish Bishop or Priest within these Realmes shall have and receive from the
692Sheriffe or Sheriffs of the County where such Conviction shall be made (without paying any Fee for the same) for
693every such Offender soe convicted the Summe of One hundred Pounds within Four Months after such Conviction
694and Demand thereof made by tendring a Certificate to the said Sheriffe or Sheriffs under the Hand or Hands of
695the Judge or Justices before whom such Conviction shall be made certifying the Conviction of such Popish Bishop
696Priest or Jesuit and also that such Popish Bishop Priest or Jesuit Popish Bishops Priests or Jesuits was or were
697taken by the Person or Persons claimeing the said Reward And in case any Dispute shall happen to arise betweene
698the Persons soe apprehending any Popish Bishop Priest or Jesuit touching their Right and Title to the said Reward
699that then the said Judge or Justices soe respectively certifying as aforesaid shall in and by their said Certificate
700direct and appoint the said Reward to be paid unto and amongst the Parties claimeing the same in such Share
701and Proportion as to the said Judge or Justices shall seeme just and reasonable And if it shall happen any
702such Sheriffe or Sheriffs shall dye or be removed before the Expiration of Four Months after such Conviction and
703Demand made of the said Reward (not being paid as aforesaid) that then the next succeeding Sheriffe or Sheriffs
704of the said County shall pay the same within Two Months after Demand and Certificate brought as aforesaid And
705if Default of Payment of the said Summe or Summs of Money shall happen to be made by any Sheriffe of Sheriffs
706such Sheriffe or Sheriffs soe makeing Default shall forfeite to the Person or Persons to whom such Money is due
707as aforesaid Two hundred Pounds to be recovered by him or them or his or their Executors or Administrators
708in any of His Majesties Courts of Record at Westminster by Action of Debt Bill Plaint or Information wherein but
709One Imparlance and no Essoigne Protection or Wager of Law shall be allowed with full Costs of Suite by him or
710them expended in the Recovery of the same
711
712    And it is hereby further enacted That all Sheriffs their Successors Executors or Administrators upon produceing
713such respective Certificates or a Duplicate or Duplicates thereof shall have the Moneys contained in such Certificate
714paid to them by the Lord Treasurer or Commissioners of His Majesties Treasury for the time being out of the
715Revenue of the Crowne.
716
717    And for a further Remedy against the Growth of Popery over and beyond the good Laws already made Be it
718further enacted by the Authority aforesaid That if any Popish Bishop Priest or Jesuit whatsoever shall say Masse
719or Exercise any other Part of the Office or Function of a Popish Bishop or Priest within these Realmes or the
720Dominions thereunto belonging or if any Papist or Person makeing Profession of the Popish Religion shall keepe
721Schoole or take upon themselves the Education or Government or Boarding of Youth in any Place within this
722Realme or the Dominions thereto belonging and such Person or Persons being thereof lawfully convicted that
723then every such Person shall on such Conviction be adjudged to perpetuall Imprisonment in such Place or Places
724within this Kingdome as the King by Advice of His Privy Councill shall appoint

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725
726    And be it alsoe further enacted by the Authority aforesaid That from and after the Nine and twentieth Day of
727September which shall be in the Yeare of our Lord One thousand seaven hundred if any Person educated in the
728Popish Religion or professing the same shall not within Six Months after he or she shall attaine the Age of
729Eighteene Yeares take the Oaths of Allegiance and Supremacy and alsoe subscribe the Declaration sett downe and
730exprest in an Act of Parliament made in the Thirtieth Yeare of the Reigne of the late King Charles the Second
731intituled An Act for the more effectuall preserveing the Kings Person and Government by disabling Papists from
732sitting in either House of Parliament to be by him or her made repeated and subscribed in the Courts of Chancery
733of Kings Bench or Quarter Sessions of the County where such Person shall reside every such Person shall in respect
734of him or herselfe only and not to or in respect of any of his or her Heires or Posterity be disabled and made
735incapable to inherit or take by Discent Devise or Limittation in Possession Reversion or Remainder any Lands
736Tenements or Hereditaments within this Kingdome of England Dominion of Wales or Towne of Berwick upon
737Tweed And that during the Life of such Person or untill he or she doe take the said Oaths and make repeate
738and subscribe the said Declaration in Manner as aforesaid the next of his or her Kindred which shall be a Protestant
739shall have and enjoy the said Lands Tenements and Hereditaments without being accountable for the Profitts by
740him or her received during such Enjoyment thereof as aforesaid but in case of any wilfull Wast committed on the
741said Lands Tenements or Hereditaments by the Person soe haveing or enjoying the same or any other by his or
742her Lycence or Authority the Party disabled his or her Executors and Administrators shall and may recover Treble
743Damages for the same against the Person committing such Wast his or her Executors or Administrators by Action
744of Debt in any of His Majesties Courts of Record at Westminster And that from and after the Tenth Day of
745Aprill which shall be in the Yeare of our Lord One thousand seaven hundred every Papist or Person makeing
746Profession of the Popish Religion shall be disabled and is hereby made incapable to purchase either in his or her
747owne Name or in the Name of any other Person or Persons to his or her Use or in Trust for him or her
748any Mannors Lands Profitts out of Lands Tenements Rents Termes or Hereditaments within the Kingdome of
749England Dominion of Wales and Towne of Berwick upon Tweed And that all and singuler Estates Termes and
750any other Interests of Profitts whatsoever out of Lands from and after the said Tenth Day of Aprill to be made
751suffered or done to or for the Use or Behoofe of any such Person or Persons or upon any Trust or Confidence
752mediately or immediately to or for the Benefitt or Releife of any such Person or Persons shall be utterly void
753and of none Effect to all Intents Constructions and Purposes whatsoever
754
755    Provided alwaies That nothing in this Act contained shall be construed to extend to any Popish Priest for
756saying Masse or officiating as a Priest within the Dwelling House of any Forreigne Minister resideing here soe as
757such Priest be not one of His Majesties naturall borne Subjects not naturalized within any of His Kingdoms or
758Dominions and soe as the Name of such Priest and the Place of his Birth and the Forreigne Minister to whom
759he shall belong be entred and registred in the Office of the Principall Secratary of State
760
761    And whereas by an Act made in the Third Yeare of King James the First intituled AndAn Act to prevent and
762avoid Dangers which may grow by Popish Recusants whosoever shall be convicted of sending or causing to be
763sent any Child or any other Person under their Government into Parts beyond the Seas out of the Kings Obedience
764to the Intent that such Child or Person soe sent should be educated in the Romish Religion contrary to the said
765Act is to forfeite One hundred Pounds One Halfe to the Kings Majesty and the other Halfe to him that shall sue
766for the same For the greater Incouragement and Reward of those who shall discover such Offenders Be it enacted
767by the Authority aforesaid That the said Summe of One hundred Pounds shall be to the sole Use and Benefitt of
768him or her who shall discover and convict any Person soe offending to be recovered in such Manner as in the
769said recited Act is enacted Any thing in the said Act to the contrary notwithstanding
770
771    And to the end that the Protestant Children of Popish Parents may not in the Life times of such their
772Parents for want of fitting Maintenance be necessitated in complyance with their Parents to imbrace the Popish
773Religion contrary to their owne Inclinations Be it enacted by the Authority aforesaid That from and after the said
774Five and twentieth Day of March One thousand seaven hundred if any such Parent in order to the compelling
775such his or her Protestant Child to change his or her Religion shall refuse to allow such Child a fitting Maintenance
776suitable to the Degree and Ability of such Parent and to the Age and Education of such Child then upon
777Complaint thereof made to the Lord High Chancellor of England or Lord Keeper of the Great Seale or Commissioners
778for the Great Seale for the Time being It shall be lawfull for the said Lord Chancellor Lord Keeper or Commissioners
779to make such Order therein as shall be agreeable to the Intent of his Act.