Imatges de pàgina
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tenements and hereditaments had been then held and continued to be holden in free and common socage only, any law, statute, custom or usage to the contrary hereof in any wise notwithstanding.

III. And be it further ordained and enacted by authority of this present parliament that one act made in the reign of King Henry the Eighth, entitled An Act for the establishment of the court of the king's wards, and also one act of parliament made in the three and thirtieth year of the reign of the said King Henry the Eighth concerning the officers of the court of wards and liveries, and every clause, article and matter in the said acts contained shall from henceforth be repealed and utterly void.

IV. And be it further enacted by the authority aforesaid that all tenures hereafter to be created by the king's Majesty, his heirs or successors, upon any gifts or grants of any manors, lands, tenements or hereditaments of any estate of inheritance at the common law shall be in free and common socage, and shall be adjudged to be in free and common socage only, and not by knights service or in capite, and shall be discharged of all wardship, value and forfeiture of marriage, livery, primer-seisin, ouster-lemain, aide pur fair fitz chivalier, and pur file marrier, any law, statute or reservation to the contrary thereof any wise notwithstanding.

VIII. And be it further enacted by the authority aforesaid, that where any person hath or shall have any child or children under the age of one and twenty years, and not married at the time of his death, that it shall and may be lawful to and for the father of such child or children *** by his deed executed in his life-time, or by his last will and testament in writing *** to dispose of the custody and tuition of such child or children, for and during such time as he or they shall respectively remain under the age of one and twenty years, or any lesser time, to any person or persons in possession or remainder, other than popish recusants;

XI.

That from henceforth no sum or sums of money or other thing shall be taken, raised, taxed, rated, imposed, paid or levied for or in regard of any provision, carriages or purveyance for his Majesty, his heirs or successors.

XII. And that henceforth no person or persons by any warrant, commission or authority under the great seal or otherwise by colour of buying or making provision or purveyance for his Majesty, or any queen of England for the time being,

or of any the children of any king or queen of England for the time being, or that shall be, or for his or their or any of their household, shall take any timber, fuel, cattle, corn, grain, malt, hay, straw, victual, cart, carriage or other thing whatsoever of any the subjects of his Majesty, his heirs or successors, without the free and full consent of the owner or owners thereof had and obtained without menace or enforcement, nor shall summon, warn, take, use or require any the said subjects to furnish or find any horses, oxen or other [cattle], carts, ploughs, wains or other carriages for the use of his Majesty, his heirs or successors, or of any queen of England, or of any child or children of any the kings or queens of England for the time being, for the carrying the goods of his Majesty, his heirs or successors, or the said queens or children or any of them, without such full and free consent as aforesaid, any law, statute, custom or usage to the contrary notwithstanding.

XIV. *And now to the intent and purpose that his Majesty, his heirs and successors, may receive a full and ample recompense and satisfaction as well for * * * and other the premises and perquisites incident thereunto; as also for all and all manner of purveyance and provisions hereinbefore mentioned,

*

XV. Be it therefore enacted by the authority aforesaid that there shall be paid unto the king's Majesty, his heirs and successors for ever hereafter:

[Then follow clauses fixing the rate of an excise on beer, ale, cider, perry, metheglin, mead, aqua vitæ or strong-water, coffee, chocolate, sherbet, tea, the method of raising such excise, and penalties.]

223. Corporation Act

(1661, December 20. 13 Charles II, st. 2., c. I. 5 S. R. 321. The whole reprinted in G. and H. 594-600.)]

WHER

THEREAS questions are likely to arise concerning the validity of elections of magistrates and other officers and members in corporations, as well in respect of removing some as placing others, during the late troubles, contrary to the true intent and meaning of their charters and liberties; and to the end that the succession in such corporations may be most probably perpetuated in the

hands of persons well affected to His Majesty and the established
government, it being too well known that notwithstanding all His
Majesty's endeavours and unparalleled indulgence in pardoning all
that is past, nevertheless many evil spirits are still working:

II. Wherefore for prevention of the like mischief for the time to
come, and for preservation of the public peace both in church and
state, be it enacted by the king's most excellent Majesty by and with
the advice and consent of the lords spiritual and temporal and com-
mons assembled in Parliament, and by the authority of the same,
that commissions shall before the twentieth day of February next
be issued forth under the great seal of England unto such persons
as His Majesty shall appoint for the executing of the powers and
authorities hereinafter expressed, and that all and every the per-,
sons to be named commissioners in the said commissions respec-
tively shall by virtue of this act be commissioners respectively for
and within the said several cities, corporations and boroughs,,
and Cinque ports and their members, and other port towns within
the kingdom of England, dominion of Wales and town of Berwick
upon Tweed, for which they shall be respectively nominated and'
appointed.

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III. And be it further enacted by the authority aforesaid, that no charter of any corporation, cities, towns, boroughs, Cinque ports and their members, and other port towns in England or Wales or town of Berwick upon Tweed shall at any time hereafter be avoided for or by reason of any act or thing done or omitted to be done before the first day of this present parliament.

IV. And be it further enacted by the authority aforesaid, that all persons who upon the four and twentieth day of December one thousand six hundred sixty and one shall be mayors, aldermen, recorders, bailiffs, town-clerks, common council men and other persons then bearing any office or offices of magistracy or places or trusts or other employment relating to or concerning the government of the said respective cities, corporations and boroughs, and Cinque ports and their members, and other port towns shall at any time before the five and twentieth day of March one thousand six hundred sixty and three, when they shall be thereunto required by the said respective commissioners or any three or more of them, take the oaths of allegiance and supremacy, and this oath following:

V. 'I, A. B., do declare and believe, that it is not lawful upon any pretence whatsoever to take arms against the king, and that I do abhor that traitorous position of taking arms by his authority against his person or against those that are commissioned by him: So help me God.'

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VI. And also at the same time shall publicly subscribe before the said commissioners or any three of them this following declaration :

'I, A. B., do declare, that I hold that there lies no obligation upon me or any other person from the oath commonly called the Solemn League and Covenant, and that the same was in itself an unlawful oath and imposed upon the subjects of this realm against the known laws and liberties of the kingdom.'

VII. And that all such of the said mayors and other the persons aforesaid by whom the said oaths are to be taken and declarations subscribed as aforesaid, who shall refuse to take and subscribe the same within the time and in manner aforesaid, shall from and immediately after such refusal be by authority of this act (ipso facto) removed and displaced of and from the said offices and places respectively; and the said offices and places from and immediately after such refusal shall be and are hereby declared and adjudged to be void to all intents and purposes, as if the said respective persons so refusing were naturally dead.

XII. Provided also, and be it enacted by the authority afore sure y

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said, that from and after the expiration of the said commissions,
no person or persons shall for ever hereafter be placed, elected or
chosen in or to any the offices or places aforesaid, that shall not
have, within one year next before such election or choice, taken
the sacrament of the Lord's Supper, according to the rites of the
Church of England; and that every such person and persons so
placed, elected or chosen shall likewise take the aforesaid three
oaths and subscribe the said declaration, at the same time when
the oath for the due execution of the said places and offices re-
spectively shall be administered; and in default hereof every such
placing, election and choice is hereby enacted, and declared to be
void.

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224. Last Act of Uniformity

(1662, May 19. 13 & 14 Charles II. c. 4. 5 S. R. 364. The whole re-
printed in G. and H. 600-619.)

WHE

THEREAS in the first year of the late Queen Elizabeth there was one uniform order of common service and prayer and of the administration of sacraments, rites and ceremonies in the Church of England (agreable to the word of God and usage of

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the primitive church) compiled by the reverend bishops and clergy, set forth in one book, entitled, "The Book of Common Prayer and Administration of Sacraments and other Rites and Ceremonies in the Church of England,' and enjoined to be used by act of parliament, holden in the said first year of the said late queen, entitled, 'An Act for the Uniformity of Common Prayer and Service in the Church and Administration of the Sacraments,' very comfortable to all good people desirous to live in Christian conversation and most profitable to the estate of this realm, upon the which the mercy, favour and blessing of Almighty God is in no wise so readily and plentifully poured, as by common prayers, due using of the sacraments and often preaching of the gospel with devotion of the hearers; and yet, this notwithstanding, a great number of people in divers parts of this realm, following their own sensuality and living without knowledge and due fear of God, do wilfully and schismatically abstain and refuse to come to their parish churches and other public places where common prayer, administration of the sacraments and preaching of the word of God is used upon the Sundays and other days ordained and appointed to be kept and observed as holy days; and whereas by the great and scandalous neglect of ministers in using the said order or liturgy so set forth and enjoined as aforesaid, great mischiefs and inconveniences during the times of the late unhappy troubles have arisen and grown, and many people have been led into factions and schisms, to the great decay and scandal of the reformed religion of the Church of England, and to the hazard of many souls; for prevention whereof in time to come, for settling the peace of the church and for allaying the present distempers, which the indisposition of the time hath contracted, the king's Majesty, according to his declaration of the five and twentieth of October one thousand six hundred and sixty, granted his commission under the great seal of England to several bishops and other divines to review the Book of Common Prayer, and to prepare such alterations and additions as they thought fit to offer; and afterwards the convocations of both the provinces of Canterbury and York being by his Majesty called and assembled, and now sitting, his Majesty hath been pleased to authorize and require the presidents of the said convocations, and other the bishops and clergy of the same, to review the said Book of Common Prayer and the book of the form and manner of the making and consecrating of bishops, priests and deacons, and that after mature consideration they should make such additions and alterations in the said books respectively, as to them should seem meet and convenient, and should exhibit and present the same to his

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