vances, of the faid houses of parliament, or touching the repeal or alter- dreffing pubation of any old, or preparing any new laws, or the redrefling lick grieany publick grievance; but that the faid members of either of the faid houses, and the affiftance of the house of peers, and every of them, fhall have the fame freedom of speech, and all other privileges whatsoever, as they had before the making of this act; any thing in this act to the contrary thereof in any wife notwithstanding. VII. Provided always, and be it ordained and enacted, That Provifo for no peer of this realm shall be tried for any offence against this peerage and act, but by his peers: (2) and further, That every peer who peers. fhall be convicted of any offence againct this act, after fuch conviction, be difabled during his life to fit in parliament, unless his Majefty fhall graciously be pleased to pardon, him: (3) and if his Majefty fhall grant his pardon to any peer of this realm, or commoner convicted of any offence against this act, after fuch pardon granted, the peer or commoner fo pardoned, fhall be restored to all intents and purposes, as if he had never been convicted; any thing in this law to the contrary in any wise notwithstanding, CAP. II. An act for repeal of an act of parliament, intituled, An act for difenabling all perfons in holy orders to exercise any temporal jurifdiction or authority. W HEREAS at the parliament begun at Westminster the 16 Car. 1.c.27. third day of November in the fixteenth year of the reign of qur late fovereign lord King Charles of blessed memory, fince deceased, an act of parliament was made, intituled, An act for difenabling all perfons in holy orders to exercife any temporal jurisdiction or authority; (2) which act hath made feveral alterations prejudicial to the conftitution and ancient rights of parliament, and contrary to the laws of this land, and is by experience found otherwise inconvenient; (3) be it enacted by the King's most excellent majesty, by and with the advice and confent of the lords and commons in this préfent parliament affembled, and by the authority of the fame, That the said act, intituled, An act for difenabling all perfons in holy orders to exercife any temporal jurifdiction or authority, and every claufe, matter and thing therein contained, fhall be and is hereby from henceforth repealed, annulled and made void to all intents and purposes whatsoever. CAP. III. An act for the declaring, vesting and fettling of all fuch monies, goods and 12Car. 2. C.11. other things, in his Majesty, which were received, levied or collected in these late times, and are remaining in the hands or poffeffion of any treasurers, receivers, collectors or others, not pardoned by the act of oblivion. Goods and monies levied fince the thirtieth of January 1642, and not pardoned, are vested in his Majefty. The revenues of the churches in Wales to be accounted for. Commiffions for difcovery. Perfons accountable enabled to fue for and levy all arrears. Provifo, none to be queftioned but upon some prosecution begun before the EXP. twenty fourth of June 1662. B3 САР, Provifo, declaring no commiffions CAP. IV. An act for a free and voluntary prefent to bis Majesty. V.AND be it hereby declared, That no commiffions or aids of this nature can be iffued out or levied, but by authority of parliament; and that this act, and the fupply hereby but by autho. granted, fhall not be drawn into example for the time to come. rity of parlia-1 R. 3. cap. 2. of this nature ment. occafion of the CAP. V. An act against tumults and diforders, upon pretence of preparing or prefenting publick petitions, or other addrefes to his Majefty or the parliament. WHE HEREAS it hath been found by fad experience, that tuTumultuous and diforderly multuous and other diforderly foliciting and procuring of hands preparing pe- by private perfons to petitions, complaints, remonftrances and declaratitions, a great tions, and other addreffes to the King, or to both or either houses of late wars and parliament, for alteration of matters eftablished by law, redress of pretended grievances in church or ftate, or other publick concernments, have been made ufe of to ferve the ends of factious and feditious perJons gotten into power, to the violation of the publick peace, and have been a great means of the late unhappy wars, confufions and calamities in this nation; for preventing the like mifchiefs for the future, calamities. No perfon after the first of Aug. 1661. fhall folicit or procure any petition, &c. for alter blished law in church or ftate. Noy 101. 2 Cr. 37. Moor 755. pl. 1043. II. Be it enacted by the King's moft excellent majesty, by and with the confent of the lords and commons affembled in parliament, and by the authority of the fame, That no perfon or perfons whatsoever shall from and after the firft of August one thoufand fix hundred fixty and one, folicit, labour or procure the getting of hands, or other confent of any perfons above the number of twenty or more, to any petition, complaint, remonftrance, declaration, or other addrefs to the King, or both or either houses of parliament, for alteration of matters eftablished by law in church or state, unless the matter thereof have been first confented unto and ordered by three or more juftices of that county, or by the major part of the grand jury of the county or divifion of the county where the fame matter fhall arife at their publick affifes, or general quarter-feffions, cr if arifing in London by the lord mayor, aldermen and commons in common-council affembled; (2) and that no perfon or perfons whatfoever shall repair to his Majefty, or both or either of the houfes of parliament, upon pretence of prefenting or delivering any petition, complaint, remonftrance or declaration, or other addreffes, accompanied with exceffive number of people, nor at any one time with above the number of ten perfons; upon pain of incurring a penalty not exceeding the fum of one hundred pounds in money, and three months imprifonment without bail or mainprize for every offence; which offence to be profecuted at the court of King's bench, or at the affizes or general quarter-feffions, within fix months after the offence committed, and proved by two or more credible witneffes. III. Pro III. Provided always, That this act, or any thing therein Proviso. contained, shall not be conftrued to extend to debar or hinder any person or perfons, not exceeding the number of ten aforefaid, to prefent any publick or private grievance or complaint to any member or members of parliament after his election, and during the continuance of the parliament, or to the King's majesty, for any remedy to be thereupon had; nor to extend to any addrefs whatfoever to his Majefty, by all or any of the members of both or either houses of parliament, during the fitting of parliament, but that they may enjoy their freedom of accefs to his Majefty, as heretofore hath been ufed, . CA P. VI. An aft declaring the fole right of the militia to be in the King, and for the prefent ordering and difpofing the fame. land, the un Orafinuch as within all his Majefty's realms and dominions, the The command fole fupream government, command and difpofition of the militia, of the militia and of all forces by fea and land, and of all forts and places of firength, by fea and is, and by the laws of England ever was the undoubted right of his doubted right Maiefty, and his royal predeceffors, Kings and Queens of England; of his Majefty. (2) and that both, or either of the houses of parliament cannot, nor ought to pretend to the fame; nor can, nor lawfully may arife, or levy any war offenfive or defenfive against his Majefty, his heirs or lawful fucceffors; and yet the contrary thereof hath of late years been practifed almoft to the ruin and deftruction of this kingdom; (3) and during the late ufurped governments, many evil and rebellious principles have been diftilled into the minds of the people of this kingdom, which unless prevented, may break forth to the disturbance of the peace and quiet thereof: touching the 25 Ed. 3. c. 8. II. And whereas an act is under confideration for exercifing the An act under militia with most fafety and eafe to the King and his people, which act confideration cannot as yet be perfect, (2) be it therefore enacted by the King's militia. moft excellent Majefty, by, and with the advice and confent of the lords and commons affembled in parliament, That the ft. 5. militia and land forces of this kingdom, and of the dominion of Wales, or town of Berwick upon Tweed, now under the power of lieutenants or their deputies, fhall be exercifed, ordered and managed till the five and twentieth day of March next enfuing, in fuch manner as the fame now is actually exercifed, ordered and managed, according to fuch commiffions and inftructions as they formerly have, or from time to time fhall receive from his Majesty. III. And whereas fince the twenty fourth of June, one thoufand fix hundred and fixty, there have been infurrections, by occafion whereof divers of his Majefty's good fubjects have been murthered; and for the fecuring the peace of the nation, and preventing further diforders, divers perfons fufpected to be fanaticks, fectaries or disturbers of the peace have been affaulted, arrested, detained or imprifoned, and divers arms have been feized, and houfes fearched for arms, or fufpected perfons; (2) Perfons who be it therefore further enacted by the authority aforefaid, That have acted by B4 all commiffion of lieutenancy all and every perfon and perfors who have or fhall have acted, indemnified. or done any thing in execution of any commiffion or commiffions of lieutenancy, iffued by the King's majefty that now is, or by color of them, or any of them, or touching or concerning the fame, or any of them, or relating thereunto, fhall be and are hereby faved harmless and indempnified in this behalf : (3) and alfo all magiftrates, juftices of the peace, officers and minifters of justice, and all perfons that have or fhall have acted by or under them, or by their or any of their commands, fince the faid twenty fourth day of June, one thousand fix hundred and fixty, until the twentieth day of July, one thoufand fix-hundred fixty and one, as to any affaulting, arrefting, detaining or imprifoning any perfon fufpected to be fanatick, fectary or difturber of the peace, or feizing of arms, or fearching of houses for arms, or for fufpected perfons, fhall be, and are hereby faved harmless, and indempnified in that behalf. Provifo. No perfon may be lieute nant or de. puty-lieute hant, that bith not taken the oaths of IV. Provided, That neither this act, nor any thing therein contained, fhall after the five and twentieth of March next, be prejudicial to any county, city or place within this kingdom, which are overcharged with men and arms beyond their ancient proportion. V. Provided, That neither this act, nor any matter or thing therein contained, fhall be deemed, conftrued or taken to extend to the giving or declaring of any power for the transporting of any the fubjects of this realm, or any way compelling them to march out of this kingdom otherwise than by the laws of England ought to be done. VI. Provided, That no perfon whatsoever fhall be capable of acting as a lieutenant, or deputy lieutenant, or other officer or foldier, by virtue of this act, who hath not already taken the oaths of allegiance and fupremacy, fince the return of his Majefty into England, until he fhall take the fame according to the allegiance and laws and ftatutes of this kingdom: which oaths the lords of his fupremacy. privy council, or any fix of them, are hereby impowered to 13 & 14 Car.2. adminifter to any peer of this realm, who fhall be commissionc. 3. 8. ated by virtue of this act; and the deputy lieutenants, or any 1 Geo. 1. ft. 2. two of them, in their respective counties, to any commoner. 35 Car. 2. c. 4 C. 14. W CAP. VII. An act for confirming publick ads. HEREAS during the late difficulties and exigencies of affairs in the abfence of his molt excellent Majefty, and in reference to his return from beyond the feas into thefe his Majefty's dominions, the lords and commons being affembled at Westminster the five and twentieth day of April in the twelfth year of his Majelly's reign, were from thence, and after his Majefty's return, continued until the nine and twentieth day of December then next following and now laft paft, and then diffolved by his Majefly: in which time feveral acts were paffed by his Majefty, by and with the advice and confent of the faid lords and commons affembled as aforefaid, which being of neceffary ufe, are fit to be continued and confirmed, although the man ner 12 Car.1.c.11. Taxes. ner of the faid affembling, enforced by the difficulties and exigencies Excife. Procefs. Taxes. the forces of this kingdom both by land and fea (11) one Merchants. 12Car.2.c.26. and paying of the navy: (18) one other act intituled, An act for Taxes. the further fupplying and explaining certain defects in an act, intituled, 12Car.2.c.28. one |