This ftatute fhall extend

but to fo much

common as

fhall be contracted for.

This affignment fhall hinder no

man's liberty.

Not prejudicial to the ports or ha

vens.

unto, and there inrolled in that court: (6) which confent royal being obtained for the foil of fuch wafte, being of the poffeffions of the crown, and under the feal of the faid duchy, of your Highness foil of fuch waftes as are of thofe poffeffions, the faid undertakers, and their heirs and affigns, fhall and may enjoy in feveralty the foil of fo much wafte and common as was fo contracted for, affigned and fet forth by the most part of your Highness commoners, in fuch fort and quality as the faid undertakers shall hold and enjoy the intereft of common, to all intents and purposes.

IV. Provided always, and be it enacted, That this act, nor any thing therein contained, fhall not extend to the impairing, diminishing, letting, taking away or extinguishing of the intereft of the commoners or any of them, or of the lords or owners of the foil, of, in or to any part of the refidue of the waftes or commons, which is not or fhall not be fo fet forth or affigned to the undertakers: (2) nor to any franchises, or liberties, or waif, ftray, leet, lawday, nor other liberties to be used or taken in the part fo to the faid undertakers assigned; (3) but that as well the commoners, and lords and owners of that foil, fhall and may enjoy their commons in the residue thereof, and the Queen's majefty, her heirs and fucceffors, and the lords and owners fhall and may have and enjoy fuch liberties and franchises in fuch their part as heretofore was lawfully ufed, and as they or any of them fhould or might have done, if this act or fuch contract, bargain and affignment had never been; any thing in this ftatute contained to the contrary notwithstanding.

V. Provided always, and be it enacted, That this act, nor any thing therein contained, shall not extend either to any bargain, fale, agreement, grant, conveyance or affurance, or to the inning, draining or laying dry of any commons, marthes or furrounded grounds, whereby or by means whereof any of the havens or ports of this realm of England may be in any fort annoyed, impaired or hindred; nor to any grounds within eight miles of Yarmouth, or fix miles of Lynn within the county of I Saund. 346. Norfolk. 4 Fac. 1. c. 8.

The benefits enfuing by the encourage. ment of merchants.

3 Inft. 165. Stiles 166.

CAP. XII.

An act concerning matters of affurances used among merchants.

WH

THEREAS it ever hath been the policy of this realm by all good means to comfort and encourage the merchant, thereby to advance and increase the general wealth of the realm, her Majesty's cuftoms, and the ftrength of shipping; which confideration is now the more requifite, becaufe trade and traffick is not at this present so open as at other times it hath been: (2) and whereas it hath been time out of mind an ufage amongst merchants, both of this realm and of foreign nations, when they make any great adventure, (especially into remote parts) to give fome confideration of money to other perfons (which commonly are in no fmall number) to have from them affurance made of their goods, merchandifes, ships and things adventured,

or

affurance, and

ter fome part thereof, at fuch rates and in fuch fort as the parties affurers and the parties affured can agree, which course of dealing is ya commonly termed a policy of affurance; (3) by means of which policies A policy of of affurance it cometh to pass, upon the lofs or perifhing of any fhip, the benefit e there followeth not the undoing of any man, but the lofs lighteth ra- coming thereas ther easily upon many than heavily upon few, and rather upon them by. that adventure not than thofe that do adventure, whereby all merchants, efpecially of the younger fort, are allured to venture more willingly and more freely (4) and whereas heretofore fuch affurers have used to ftand fo jufily and precisely upon their credits, as few or no controver-. fies have arifen thereupon, and if any have grown, the fame have from time to time been ended and ordered by certain grave and difcreet merchants appointed by the lord mayor of the city of London, as men by reafon of their experience fittest to understand, and speedily to decide thofe caufes, until of late years that divers perfons have withdrawn themfelves from that arbitrary courfe, and have fought to draw the parties affured to feek their monies of every feveral affurer, by fuits commenced in her Majefty's courts, to their great charges and delays: (5) for remedy whereof, be it enacted by the authority of this Commiffions prefent parliament, That it fhall and may be lawful for the lord awarded to chancellor, or lord keeper of the great feal of England, for the termine time being, to award forth under the great feal of England, one touching por general or standing commiffion, to be renewed yearly at the leaft, cies of affuand otherwife fo oft as unto the said lord chancellor or lord keep- Who fhall be er fhall feem good, for the hearing and determining of caufes a- commiflionrifing and policies of affurances, fuch as now are or hereafter ers. fhall be entered within the office of affurances within the city of Show. 396, London, and whereof no fuit fhall be depending the last day of this feffion of parliament, in any of her Majefty's courts. (6) which commiffion fhall be directed to the judge of the admiralty for the time being, the recorder of London for the time being, two doctors of the civil law, and two common lawyers, and eight grave and difcreet merchants, or to any five of them: (7) which commiffioners, or the greater part of them, which fhall fit and meet, fhall have by virtue of this present act full power and authority to hear, examine, order and decree all and every fuch caufe and causes concerning policies of affurances in a brief and fummary course, as to their difcretion fhall feem meet, without formalities of pleadings or proceedings.

hear and de

rances.

II. And be it further enacted by the authority aforefaid, The commif That it shall be lawful for the faid commiffioners, as well to fioners authowarn any of the parties to come before them, as also to exa- rity. mine upon oath any witness that shall be produced, and to commit to prifon without bail or mainprize, any person that shall wilfully contemn or difobey their final orders or decrees: (2) and that the faid commiffioners fhall once every week at the leaft, meet and fit upon the execution of the faid commiffion in the office of the affurances, or in fome other convenient publick place by them to be affigned: (3) and that no perfon by virtue of this act may claim or exact any fee, for any 6

matter

matter or cause concerning the execution of the faid commission.

III. And be it further enacted by the authority aforefaid, A remedy for the party That if any perfon fhall be grieved by fentence or decree of grieved by the faid commiffioners, that fuch perfons fo grieved may at the commiffioners decree. any time within two months of the faid decree fo made, exhibit his bill into the high court of chancery for the re-examination of fuch decree; (2) fo as every perfon complainant, before he fhall exhibit any fuch bill, do either execute and fatisfy the faid fentence fo awarded, or at the leaft lay down in depofito with the faid commiffioners such fums of money as he fhall be awarded to pay, and that upon fo doing the faid complainant fhall be enlarged of his imprisonment: (3) and that the lord chancellor, or lord keeper, for the time being, fhall have full power and authority by virtue of this act, upon every complaint made (in order as aforefaid) to reverfe or affirm every fuch fentence or decree, according to equity and confcience: (4) and that the faid lord chancellor or lord keeper, in every fuch fuit brought before him, as aforefaid, by fuch affurers, and decreed against the faid affurers, fhall award double costs to the party affured.

IV. Provided nevertheless, That no commiffioner fhall inNo affurer or affured fhall termeddle in the execution of any fuch commiffion in any cause meddle in the or matter of affurance where himself fhall be either a party afcommiffion. furer or affured in the fame affurance which is brought in queEvery commiffioner may ftion: (2) nor that any commiffioner (other than the faid judge act having of the admiralty and the recorder of London) fhall deal or protaken an oath ceed in the execution of any fuch commiffion before he have taken his corporal oath before the lord mayor and court of al13 & 14 Car.2. dermen of the city of London, to proceed uprightly and indifferently between party and party.

before the

lord mayor.

C. 23. f. 2.

CAP. XIII.

An act for the more peaceable government of the parts of Cumberland, Northumberland, Weftmorland, and the bishoprick of Duresme.

FORASMUCH as new of lat years very many of therties

jefty's fubjects dwelling and inhabiting within the counties of Cumberland, Northumberland, Weftmorland, and the biShoprick of Durefme, have been taken, fome forth of their own boufes, and fome in travelling by the highway, or otherwife, and carried out of the fame counties, or to fome other places within fome of the faid feveral counties, as prifoners, and kept barbarously and Several outra- cruelly until they have been redeemed by great ranfoms: (2) and geous milde- where now of late time there have been many incurfions, roads, robmeanors com- beries, and burning and spoiling of towns, villages and houfes mitted in within the faid counties, that divers and fundry of her Majesty's loving fubjects within the faid counties, and the inhabitants of divers towns there, have been forced to pay a certain rate of money, corn, cattle or other confideration, commonly there called by the name of black-mail, unto divers and fundry inhabiting upon or

Cumberland,

&c.

hear

rez

12

near the borders, being men of name, and friended and allied with divers in those parts, who are commonly known to be great robbers and Spoil-takers within the faid counties, to the end thereby to be by them freed, protected and kept in fafety from the danger of fuch as do ufure: ally rob and teal in those parts: (3) by reafon whereof, many of the inhabitants thereabouts being her Majefty's tenants, or other good fubjes, are much impoverished, and theft and robbery much increased, and the maintainers thereof greatly encouraged, and the fervice of those borders and frontiers much weakened and decayed, and divers towns thereabouts much difpeopled and laid wafte, and her Majefty's own revenue greatly diminished: (4) which heinous and outrageous misdemeanors there cannot fo well by the ordinary officers of her Majefly in thofe parts be speedily prevented or suppressed, without further provision of

law:

his will.

II. For remedy whereof, be it enacted by the authority of this prefent parliament, That whofoever fhall at any time here- way or detainCarrying aafter, without good and lawful warrant and authority, take any ing any perof her Majefty's fubjects against his or their will or wills, and fon against carry them out of the fame counties, or to any other place within any of the faid counties, or detain, force or imprison him or them as prifoners, or against his or their wills to ranfom them, or to make a prey or spoil of his or their person or goods, upon deadly feud or otherwife: (2) or whofoever fhall be privy, confenting, aiding or affifting unto any fuch taking, Affenting or detaining or carrying away, or procure the taking, detaining aiding to the or carrying away, of any fuch perfon or perfons prifoners, as a-taking or deforefaid: (3) or whofoever fhall take, receive to carry, to the perion. of any

black-mail..

black-mail for

ufe of himself, or wittingly to the ufe of any other, any money, corn, cattle or other confideration, commonly called black-mail, for the protecting or defending of him or them, or his or their Receiving or lands, tenements, goods or chattels, from fuch thefts, fpoils carrying of and robberies, as is aforefaid: (4) or whofoever thall give any fuch money, corn, cattle or other confideration, called black. Giving of mail, for fuch protection as is aforefaid: (5) or fhall wilfully protection, and of malice burn or caufe to be burned, or aid, procure or confent to the burning of any barn or ftack of corn or grain, Burning of within any the faid counties or places aforefaid; (6) and fhail barns or be of the faid feveral offences, or any of them indicted, and tacks of corn. lawfully convicted, or fhall ftand mute, or fhall challenge pe- offences thall remptorily above the number of twenty before the juftices of be felony affizes, juftices of gaol-delivery, juftices of oyer and terminer, without cleror justices of peace within any of the faid counties, at fome of 5y, Sec. 3 Inft. 66, 67. their general feffions within fome of the faid counties to be holden; fhall be reputed, adjudged and taken to be as felons, (7) and fhall fuffer pains of death, without any benefit of clergy, fanctuary or abjuration, and fhall forfeit as in cafe of felony.

III. And where divers and fundry perfons within the faid counties, being indicted and outlawed for murders, robberies, burglaries or other felonies, do notwithstanding ordinarily refort and come to markets, fairs and other publick affemblies and meetings, and do there VOL. VII.

F

The aforefaid

controverfe, traffick and trade with other her Majesty's fubjects, aud are entertained, and have the privilege as men obedient to laws, and yet do never yield themselves to trial of law, nor are apprehended; whereby the ordinary proceeding of law, and execution of justice in those parts are grown now into very great contempt:

The names of all outlaws fhall be de

clared to the fheriff.

Proclamation

of the outlaws.

IV. Be it therefore likewife further enacted, That every clerk of the peace within every of the faid counties fhall within the fpace of two months next after any outlawry within any of the faid counties, deliver or caufe to be delivered by writing under his hand, the names of all and every fuch as are or fhall be hereafter outlawed within their feveral counties, to all and every the fheriffs of the faid feveral counties: (2) and all and every the faid theriffs fhall proclaim and publish them to be outlawed in their feveral county courts, and in the city of Carlifle, the towns of Penreth and Cockermouth in the county of Cumberland, and in the towns of Appulby and Kendal in the county of Westmorland, and in the town of Newcastle upon Tine in the county of the town of Newcastle upon Tine, and in the towns of Morpeth, Alnewick and Hexam in the county of Northumberland, and in the city of Durefme, and towns of Darlington, Bishop-Awcland and Bernard-caftle within the bifhoprick of Durefme, and in the town of Berwick upon Tweed; (3) and that the faid theriffs having notice, as aforesaid, shall from time to time, once in the month at their county-court, proclaim every of the faid perfons fo outlawed, or hereafter to be outlawed, until they fhall yield their bodies to prifon 1 (4) and likewife that the mayors, bailiffs, aldermen, and other chief officers, within the faid feveral cities and towns, fhall proclaim the like at every fair or fairs to be kept within the faid cities or towns, and once every fix weeks at their markets.

The punishV. And be it alfo enacted, That if any perfon or persons ment for re- inhabiting within any the faid feveral counties hall wittingly lieving or and willingly have conference, talk, or in any fort shall relieve, conferring with an out. entertain or confer with any fuch perfon or perfons fo outlawed, Jaw for felony. or hereafter to be outlawed, for any fuch murders, robberies, burglaries or other felonies, having knowledge of the fame outlawries, by reafon of the fame proclamation or otherwise, and then shall not with convenient speed do his best endeavour to take and arreft any fuch perfon or perfons fo outlawed, or to be outlawed as is aforefaid, fhall fuffer imprisonment by the fpace of fix months, without bail or mainprife, and be bound with two fufficient fureties for his good behaviour for the fpace of one year after, before he be enlarged of his imprison

The enquiry and punish ment of the

offenders.

ment.

VI. And be it further enacted, That the juftices of affife within any of the faid counties, juftices of gaol-delivery, juftices of oyer and terminer, or justices of peace within any of the faid counties, at any of their general feffions, fball have power and authority by virtue of this act, to enquire, hear and determine of the offences and defaults of the faid fheriffs,

mayors,