A collection of the statutes made in the reigns of King Charles the I. and King Charles the II.: with the abridgment of such as stand repealed or expired. Continued after the method of Mr. Pulton. With notes of references, one to the other, as they now stand altered, enlarged or explained. To which also are added, the titles of all the statutes and private acts of Parliament passed by their said Majesties, untill this present year, MDCLXVII. With a table directing to the principal matters of the said statutes. By Tho: Manby of Lincolns-Inn, Esq.

Anno XIII. Car. II. Regis.

ACTS made at the second meeting in this present Parliament begun at Westminster the 8th. day of May, Anno Dom. 1661. And there continued untill the 20th. of December, and from that day adjourned unto the seventh of January next ensuing, as follow∣eth.

CAP. I.

An Act for the well Governing and Regulating of Corporations, impowring the King to issue Commissions for the removing, placing and restoring certain Officers and Members there.

FOr and within the several Cities, Corporations and Burroughs, and Cinque-Ports, and their Members, and other Port-Towns within the Kingdom of England, Dominion of Wales, and Town of Berwick upon Tweed, viz. All Mayors, Aldermen, Recorders, Bailiffs, Town-Clerks, Common-Councel-men, and other persons then bearing any Office or Offices of Ma∣gistracy, or Places, or Trusts, or other Imployment relating to, or concerning the Government of the said respective Cities, Corporations and Burroughs, and Cinque-ports, and their Mem∣bers, and other Port-Towns, and for tendring to all such the Oaths of Allegiance and Supre∣macy, and this Oath following.

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 Traiterous Position of taking Arms by His Authority against His Person, or against those that are Commissioned by Him: So help me God.

And also for subscribing 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 it self an unlawful Oath, and imposed upon the Subjects of this Realm, against the known Laws and Liberties of the Kingdom.

EXP. 25. March, 1663. as to the Power of the said Commission and Commissioners. But

Provided also, and Enacted by the Authority aforesaid, 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 Lords Supper, according to the Rights of the Church of England; and that every such person and persons so placed, elected or chosen, shall

likewise take the aforesaid thrée Oaths, and subscribe the said Declaration at the same time, when the Oath for the due execution of the said Places and Offices respectively shall be administred; And in default hereof, every such placing, election and choice is hereby Enacted and Declared to be void.

CAP. II.

Vexations and Oppressions by Arrests, and of Delayes in Suits of Law prevented.

WHereas by the Ancient and Fundamental Laws of this Realm, in case where any person is Sued, Impleaded, or Arrested, by any Writ, Bill, or Process, issuing out of any of His Majesties Courts of Records at Westminster, in any Common Plea, at the Suit of an•• Com∣mon person, the true cause of Action ought to be set forth and particularly expressed in such Writ, Bill, or Process; whereby the Defendant may have certain knowledge of the cause of the Suit, and the Officer who shall execute such Writ, Bill, or Process, may know how to take Security for the Appearance of the Defendant to the same, and the sureties for such Appearances, may right∣ly understand for what cause they become engaged; And whereas there is a great Complaint of the People of this Realm, that for divers years now last past, very many of His Majesties good Subjects have béen arrested upon general Writs of Trespass, quare clausum fregit, Bills of Mid∣dlesex, Latitat's, and other like Writs issued out of the Courts of Kings Bench and Common-Pleas, not expressing any particular or certain cause of Action, and thereupon kept prisoners for a long time for want of Bail; Bonds with Sureties for Appearances having béen demanded in so great sums, that few or none have dared to be security for the Appearances of such persons so ar∣rested and imprisoned, although in truth there hath béen little or no cause of Action, and often times there are no such persons who were named Plaintiffs, but those Arrests have béen, many times, procured by malitious persons, to vex and oppress the Defendants, or to force from them unreasonable and unjust Compositions for obtaining their Liberty; And by such evil practices, many men have béen, and are daily, undone and destroyed in their Estates, without possibility of having Reparation: The Actors imployed in such practises having béen (for the most part) poor and lurking persons, and their Actings so secret, that it hath béen found very difficult to make true discoveries or proof thereof.

For remedy and prevention of which, so great growing evils and mischiefs, and also for dis∣couraging all frivolous and uniust Suits, and Causeless Arrests for the future; Be it Enacted by the Kings most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons in this present Parliament Assembled, and by the Authority of the same, That from and after the Twelfth day of February, in the year of our Lord, One thou∣sand six hundred sixty and one, no person or persons, who shall happen to be arrested by any She∣riff, Vnder-sheriff; Coronor, Steward, or Bailiff of any Franchise or Liberty, or by any other Officer, Minister, Vnder-bailiff, or other person or persons whatsoever within this Realm, ha∣ving, or pretending to have, Authority or Warrant in that behalf, by force or colour of any Writ, Bill, or Process issuing, or to be issuing out of His Majesties said Courts of Kings Bench, and Common Pleas, or either of them, in which said Writ, Bill, or Process, the certainty and true cause of Action is not expressed particularly, and for which the Defendant or Defen∣dants, in such Writ, Bill, or Process named, is and are bailable by the Statute in that be∣half made in the thrée and twentieth year of the Reign of the late King Henry the sixth, shall be forced or compelled to give security, or to enter into Bond with Sureties, for the Appearances of such person or persons so arrested, at the day and place in the said Writ, Bill, or Process, speci∣fied or contained in any penalty or sum of money, excéeding the sum of Forty pounds of lawful money of England, to be conditioned for such Appearances; and that all Sheriffs, and other Of∣ficers and Ministers aforesaid shall let to bail, and deliver out of Prison, and from their, and every of their Custodies respectively, all and every person and persons whatsoever, by them, or any of them, arrested; upon any such Writ, Bill, or Process, wherein the certainty and true cause of Action is not particularly expressed, upon Security in the sum of Forty pounds, and no more, given for Appearance of such person or persons so arrested unto the said Sheriff or Officer aforesaid, according to the said Statute in the said thrée and twentieth year of the Reign of the said late King Henry the sixth, in that behalf made and provided.

And be it further Enacted by the Authority aforesaid, That upon Appearance to be Entred in the Term, wherein such Writ, Bill, or Process, is retornable with the respective Officer in that behalf, for the said person or persons, by Attorney or Attorneys in the said respective Courts, from whence the said Writ, Bill, or Process issued, unto such Writ, Bill, or Process, the Bond or Bonds so given for Appearance thereunto, be and are hereby satisfied and discharge∣ed; And that after such Appearance so entred, no Amerciaments be set or Estreted upon or against any Sheriff or other Officer aforesaid, or any other person whatsoever, concerning the want of such Appearance, and unless the Plaintiff or Plaintiffs in any such Writ, Bill, or Process named, shall put into the Court from whence such Writ, Bill, or Process did issue, his or their Bill, or Declaration against the person or persons so Arrested in some personal Action, or Ejectione firmae of Lands or Tenements, before the end of the Term next following after Appearance, That then a Non-suit for want of a Declaration, may be Entred against the said Plaintiff or Plaintiffs in the said Courts respectively; And that every Defendant in every such Writ, Bill, or

Process named, shall or may have Iudgment to recover Costs against every such Plaintiff or Plaintiffs, to be Assessed, Taxed, and Levied in such manner, and according as it is provided by the Statute for Costs, made in the thrée and twentieth year of the Reign of the late King Henry the Eighth, any former or other Act, Statute, Ordinance, Law, Custome, Order, Course, or Vsage of either of the said Courts to the contrary thereof, heretofore had, made, admitted, or used in any wise notwithstanding.

Provided alwayes, that this Act, nor any Clause or thing herein before specified or contained, shall not extend, nor be construed or taken to extend unto any Arrests hereafter to be made, upon or by Vertue of any Writ of Capias utlagatum, Attachment upon Rescous, or Attachment upon any Contempt, or of any Attachment of Priviledge, at the Suit of any priviledged person, or of any other Attachment for Contempt whatsoever, issuing, or to be issing out of either of the said Courts, although there be no particular certainty of the cause of Action expressed or contained in the said Writs; But that nevertheless no Sheriff, nor Vnder-sheriff, nor any of the Officers or Mini∣sters aforesaid, shall discharge any person or persons, taken upon any Writ of Capias utlagatum, out of Custody, without a lawful Supersedeas first had and received for the same; and that upon the said Writs of Attachment, such lawful course be taken for Security for Appearance therein, as hath béen heretofore used, any thing herein before expressed to the contrary thereof in any wise notwithstanding.

And whereas many persons out of ill intent, to delay their Creditors from recove∣ring their Iust Debts, continue Prisoners in the Fléet, who cannot be procéeded against in such manner as they might be, if they were at Large: Now for the better enabling all persons to recover their just Debts and Demands against such Prisoners: Be it further Enacted by the Authority aforesaid, That every person or persons whatsoever, who now hath or have, or which at any time hereafter shall have cause of any personal Action against any person being a Prisoner in the prison of the Fléet, may Sue forth an Original Writ upon his or their cause of Action, And that a Writ of Habeas Corpus be granted to every such person or persons, being Plaintiff or Plaintiffs, desiring the same to be directed to the Warden of the same Prison, to have the Bo∣dy of such prisoner before the Iustices of the Common Pleas at some certain day in any Term, to answer the said Plaintiff or Plaintiffs upon his or their said Cause of Action; And that if the said Plaintiff or Plaintiffs at the said day put into the said Court his or their Declaration, accor∣ding to the said Original Writ against the said prisoner being present at the Barr, the said prisoner shall be bound to appear in person, or to put in an Attorney to appear for him in the said Action; And unless the said Defendant plead upon a Rule given to be out at eight daies at the least after such Appearance, Iudgment by Nihil dicit may be entred against such Defen∣dant as appearing in person, which shall be good and effectual in Law; And such charge in Court by Declarations, signified by Rule unto the said Warden, shall be a good cause of detenti∣on of such prisoner in his Custody, from which he shall not be discharged without a lawful Super∣sedeas or Rule of Court; And if the said Warden shall do otherwise, he shall be Responsible to the Court, and to the party grieved for Damages, by Action upon the case to be brought against him for discharging such prisoner.

And whereas very many Suits Commenced by Original Writs, have béen protracted and long delayed from Iudgment and Execution, by reason of the necessity of having fiftéen dayes at the least, betwéen the dayes of the Teste, and the dayes of Return of Writs now used in personal Actions, and also in Actions of Ejectione Firmae, for Lands and Tenements; For remedy thereof, and for the more easie expediting Trials, and the better and more spéedy exe∣cuting of Iudgments for the time to come; Be it further Enacted by the Authority aforesaid, That in all Actions of Debt, and all other personal Actions whatsoever, and also in all Actions of Ejectione firmae, for Lands or Tenements now depending, or which at any time hereafter shall be depending by Original Writ, in either of His Majesties Courts aforesaid, after any issue therein ioyned to be tried by a Iury, and also after any Iudgment had or obtained, or to be had or obtained in either of the Courts aforesaid; There shall not néed to be fiftéen dayes be∣twéen the Teste day and the day of Retorn of any Writ or Writs of Venire facias, Habeas Corpora Juratorum, or Distringas Juratores, Writs of Fieri facias, or Writs of Capias ad satis∣faciendum, and that the want of Fiftéen dayes between the Teste day and the day of Retorn of any such Writ shall not be, nor shall be assigned, taken or adjudged to be any matter or Cause of Errour, any Law, Custome, Statute, Course, or Vsage to the contrary thereof in any wise notwithstanding.

Provided nevertheless, that this Act nor any thing therein contained, shall not Extend, or be construed to Extend, to any Writ of Capias ad Satisfaciendum, whereon a Writ of Exi∣gent after Iudgment is to be awarded, nor to Capias ad Satisfaciendum against the Defendant, in Order to make any Bail liable, but that the same continue and be as if this Act had never béen made.

And whereas by an Act of Parliament made in the third year of the Reign of our late So∣veraign Lord King James of Blessed Memory, a very good Law was made for avoiding un∣necessary delayes of Execution; Whereby it is Enacted, That no Execution shall be stayed or delayed upon or by any Writ of Errour, or Supersedeas thereupon to be sued for the reversing of any Iudgment to be given in any Action, or Bill of Debt, upon any single Bond for Debt, or upon

any Obligation with Condition for payment of money onely, or upon Action, or Bill of Debt for Rent, or upon any Contract sued in any of His Highness Courts of Record at West∣minster, or in the Counties Palatine of Chester, Lancaster, or Durham, or in His Highness Courts of Great Sessions in any of the Twelve Shires of Wales, unless such person or persons in whose name or names such Writ of Error shall be brought, with two sufficient Sureties, such as the Court wherein such Iudgment is or shall be given, shall allow of, shall first be∣fore such stay made, or Supersedeas to be awarded, be bound to the party for whom any such Iudgment was or should be given, by Recognizance to be acknowledged in the same Court, in double the sum adiudged to be recovered by the said former Iudgment, to prosecute the said Writ of Error with effect, and also to satisfie and pay (if the said Iudgment shall be affirmed) all and singular the Debts, Damages, and Costs adjudged, or to be adjudged upon the former Iudgment; And all Costs and Damages to be also awarded for the same delaying of Execution, which Law hath béen found by experience to be very good and beneficial to the Common-Wealth; And forasmuch as divers other Cases within the same mischief, by de∣layes and staying of Execution by Writs of Error and Supersedeas thereupon, are not provi∣ded for by the said Statute; For further remedy against delayes and staying of Executions in the several Actions hereafter specified.

Be it further Enacted and Ordained by the Authority aforesaid, That from and after the twentieth day of January in the year of our Lord, One thousand six hundred sixty and one, no Execution shall be stayed in any of the Courts aforesaid, by any Writ or Writs of Error, or Supersedeas thereupon, after any Verdict and Iudgment thereupon obtained in any Action of Debt, grounded upon the Statute made in the second year of the Reign of the late King Edward the sixth, for not setting forth of Tythes, nor in any Action upon the Case, upon any pro∣mise for payment of money, Actions sur Trover, Action of Covenant, Detinue, and Trespass, unless such Recognizance, and in such manner as by the said recited former Act is directed, shall be first acknowledged in the said Court where such Iudgment is given.

And be it also Enacted by the Authority aforesaid, That if any person or persons after the said day, shall Sue or Prosecute any Writ or Writs of Error, for Reversal of any Iudgment what∣soever given after any Verdict in any of the Courts aforesaid, and the said Iudgment shall after∣wards be affirmed, then every such person or persons shall pay unto the Defendant or Defendants in the said Writ or Writs of Error, his or their double Costs to be assessed by the Court where such Writ of Error shall be depending, for the delaying of Execution.

Provided nevertheless, that this Act, nor any thing therein contained, shall not extend to any Action Popular, nor unto any other Action, which is, or hereafter shall be brought upon any penal Law or Statute (except Debt for not setting out Tythes as aforesaid) nor to any In∣dictment, Presentment, Inquisition, Information, or Appeal, any thing herein before expressed to the contrary thereof notwithstanding.

CAP. III.

An Act for Granting unto the Kings Majesty Twelve hundred and threescore thousand pounds to be Assessed and Levied by an Assessment of Threescore and ten thousand pounds by the Moneth, for Eighteen Moneths. EXP.

CAP. IV.

For enabling the Kings Majesty to make Leases, Grants, and Copies of Offices, Lands, Tenements, and Hereditaments, parcel of his Highness Dutchy of Cornwall, or annexed to the same; and for Confirmation of Leases and Grants already made.

WHereas a great part of the Lands, part of, and annexed to the Dutchy of Cornwall, have béen held by sundry Leases thereof made for years, and for one, two, and thrée lives, by means whereof the Tenants have fixed Estates, have béen encouraged to improve and manure the same, and have improved the same, and therein laid out great sums of Money in Building, and otherwise to the great advantage of the Publick; And whereas for Twenty years and more, now last past, no such Leases have béen legally made; so that it is probable most of the Tenants Estates will be determined, or near determination ere that there can be any Estates well and legally renewed, unless remedy therefore be provided; by means whereof, Waste, Spoil, and Dilapidation are likely to happen, the Lands worn out and decayed, and great disturbance and impoverishment to the Tenants;

And whereas on the like consideration, King Charles the First was by special Law enabled to make such Leases; Be it Enacted by our Soveraign Lord the King, by, and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons in this present Parliament assembled, and by authority of the same, That all Leases or Grants already made, or hereafter to be made within the space of thrée years now next ensuing by our said Soveraign Lord the King, by Letters Patents, Indentures, or other Writings under His Great Seal of England, or Seal of the Court of Exchequer, or by Copy of Court-Roll, according to the Customs of the respective Man∣nors of any Offices, Parks, Lands, Tenements, or Hereditaments (other then Honors, Lordships, or Mannors) parcel of the possessions of the said Dutchy of Cornwall, or annexed to the same, shall be good and effectual in Law, according to the Purport and Contents of the said Leases, Grants,

and Copies, against our said Soveraign Lord the Kings Majesty, his Heirs and Successors, and against all and every person or persons, that shall hereafter have, inherit, or enjoy the said Dukedome of Cornwal, by force of any Act of Parliament, or other limitation whatsoever.

Provided alwayes, That every such Lease so to be made of any Parks, Lands, Tenements, or Hereditaments in Possession, shall be made but for thrée lives or fewer, or for one and thirty years or under, or some other term of years determinable upon one, two, or thrée lives, and not above; And if such Leases be made in Reversion, That then the same, together with the Estates in Pos∣session, do not excéed thrée lives, or the term of one and thirty years, and not in any wise dispuni∣shable of Waste, and so, as upon every such Lease, shall be reserved the ancient or most usual rent, or more, or such Rent as hath béen yielded or paid, for the greater part of twenty years, next be∣fore the making of the said Leases, and shall be reserved due and payable, by, or to him, or her that shall have the Inheritance, or other Estate of the said Parks, Lands, Tenements, or Heredita∣ments, and where no such Rent hath béen reserved or payable, That then upon every such Lease, there shall be reserved a reasonable Rent, not being under the fourth part of the clear yearly value of the Parks, Lands, Tenements, or Hereditaments, contained in such Lease.

And be it further Ordained and Enacted by Authority of this present Parliament, That all Covenants, Conditions, and Reservations, and other Agréements contained in every Lease, Grant, or Copy heretofore made, or hereafter so to be made as aforesaid, shall be good and effectual in Law, according to the words and contents of the same, as well for, and against them, to whom the Reversion of the same Lands, Tenements, or Hereditaments shall come, as for and against them, to whom the Interest of the said Leases, Grants, or Copies, shall come respectively, as if our Soveraign Lord the Kings Maiesty at the time of the making of such Covenants, Conditi∣ons, and Reservations, and other agréements were seised of an absolute Indefeasible Estate in Fée-simple in the same Lands, Tenements, or Hereditaments; Saving alwayes to all and every person and persons, Bodies Politick and Corporate, their Heirs and Successors, Executors, Ad∣ministrators, and Assigns, (other then our said Soveraign Lord the Kings Maiesty, and his Heirs, and all and every person and persons that shall hereafter have, inherit, or enjoy the said Dukedom of Cornwall, by force of any Act of Parliament, or other limitation whatsoever) all such Rights, Titles, Estates, Customs, Interests, Terms, Claims, and demands whatsoever, of what kind, nature, or quality whatsoever, or in, to, or out of the said Offices, Lands, Tenements, or Here∣ditaments, or any of them, as they or any of them had, or ought to have had before the making of this Act, to all intents and purposes, and in as large and ample manner and form, as if this Act had never béen had or made; this Act or any thing therein contained, to the contrary notwith∣standing.

Notes

• None to be chosen any Of∣ficer in any Corporation that shall not have taken the Sacrament within a year next before.
• And shall take the said three Oaths, and subscribe the said Declara∣tion.
• The antient fundamental Law in pro∣ceeding to ar∣rests upon Suits, to ex∣press the true cause of Acti∣on in the Pro∣cesse.
• Persons ar∣rested by Pro∣cess out of the Kings Bench or Common Pleas, not ex∣pressing the cause of Action how to be bail∣ed and set to liberty upon their own Bonds for ap∣pearance.
• 23 H. 6. ca. 10.
• Bonds (given for) discharged upon appea∣rance. Nonsuit for want of a De∣claration be∣fore the end of the next term after appea∣rance, and judgment and costs against the Plaintiff.
• 23 H. 8. ca. 15.
• Arrests upon Capias ut∣lagatum, Attachments upon Rescous, Contempts, and of Privi∣ledg, excepted.
• How Persons having cause of action may proceed against Pri∣soners in the Fleet.
• Delayes in Suites, by rea∣son of 15 dayes between the Teste and Re∣torn of writs, remedyed in actions perso∣nall.
• Ejectione fir∣mae.
• Venire facias, Habeas Corpo∣ra Jurator. Di∣stringas Jura∣tor. Fieri fac. Capias ad sa∣tisfaciendum. Capias ad sa∣tisfaciendum, where Exigent lyeth after Iudgment, or to make the Bail appear, excepted. 3. Jac. cap. 8. Touching staying execu∣tions by Su∣persedeas or Writs of Er∣rour, and what actions it may be stayd.
• In what Acti∣ons execution may be stayed (by writ of Error) by this Statute.
• The Defen∣dant to have double Costs for delays of his Execution by writ of Er∣ror.
• Popular acti∣ons, or upon a penal Law, Indictments, &c. not within this Statute.
• Stat. 22 Jac. cap. 29.
• Leases by the King of Lands. &c. of the Dutchy of Cornwall made good.
• Leases for a∣bove 31 years or three lives excepted.
• Not to be di••∣punishable of Waste.

  The ancient rent to be re∣served.
• Covenants & con••••sions in such leases, grants, or, &c. shall be good.
• Saving of o∣thers Rights.