or either covenant un- realm against the fundamental laws and liberties of this kingJawful and il- dom, (6) and that all orders and ordinances, or pretended orlegally impofed. ders and ordinances, of both or either houses of parliament, for Certain or- impofing of oaths, covenants or engagements, levying of taxes, ders and ordi- or raifing of forces and arms, to which the royal affent, either nances of both in perfon or by commiffion, was not exprefly had or given, were in the first creation and making, and still are, and so fhall be taken to be null and void to all intents and purposes whatfoever. (7) Provided nevertheless, That all, and every perfon and perfons, bodies politick and corporate, who have been, or fhall at any time hereafter be queftioned for any thing acted or done by colour of any the orders or ordinances herein before mentioned and declared to be null and void, and are indempnified by an act intituled, An act of free and general pardon, indempnity and oblivion, made in the twelfth year of his Majefties reign that now is, or fhall be indempnified by any act of parliament, fhall and may make fuch ufe of the faid orders and ordinances for their indempnity according to the true intent and meaning of the said act, and no other, as he or they might have done if this act had not been made; any thing in this act contained to the contrary notwithstanding. houses of par- demnity. No perfon to IV. Provided always, That no perfon be profecuted for any be profecuted of the offences in this act mentioned (other than fuch as are for any offences in this act made and declared to be high treafon) unless it be by order of (other than the Kings majesty his heirs or fucceffors, under his or their treafon) un- fign manual or by order of the council table of his Majefty, his lefs by fpecial heirs and fucceffors, directed unto the attorney general for the order from his Majefty: time being, or fome other of the council learned to his Majefty, And within his heirs and fucceffors, for the time being; nor fhall any perfix months af- fon or persons by virtue of this prefent act incur any the penalter the offence ties herein before mentioned, unless he or they be profecuted within fix months next after the offence committed, and indicted thereupon within three months after fuch profecution; any thing herein contained to the contrary notwithstanding. committed. Treasons and V. Provided always, and be it enacted, That no perfon or offences within perfons fhall be indicted, arraigned, condemned, convicted or this act to be attainted for any of the treasons or offences aforefaid, unless the proved by two fame offender or offenders be thereof accufed by the teftimony voce. Provifo for the privilege of debates in parliament, for repeal or alteration of laws, or re and depofition of two lawful and credible witneffes upon oath, (5) which witneffes at the time of the said offender or offenders arraignment, fhall be brought in perfon before him or them face to face, and fhall openly avow and maintain upon oath, what they have to fay against him or them concerning the treason or offences contained in the faid indictment, unless the party or parties arraigned fhall willingly without violence confefs the fame. VI. Provided likewife, and be it enacted, That this act, or any thing therein contained, fhall not extend to deprive either of the houfes of parliament, or any of their members, of their juft ancient freedom and privilege of debating any matters of bufinefs which fhall be propounded and debated in either of the faid houses, or at any conferences or committees of both or either of vances. of the faid houses of parliament, or touching the repeal or alte- dreffing pubration of any old, or preparing any new laws, or the redreffing lick grie any publick grievance; but that the faid members of either of the faid houfes, and the affiftance of the houfe of peers, and every of them, fhall have the fame freedom of fpeech, and all other privileges whatfoever, 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 fhall 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 against 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 thall 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 exercife any temporal jurifdiction or authority. HEREAS at the parliament begun at Westminster the 16Car.1.c.27. third day of November in the fixteenth year of the reign of our late fovereign lord King Charles of bleffed memory, fince deceased, an act of parliament was made, intituled, An act for difenabling all perfons in holy orders to exercise any temporal jurisdiction or authority; (2) which act hath made several alterations prejudicial to the conftitution and antient rights of parliament, and contrary to the laws of this land, and is by experience found otherwife inconvenient; (3) be it enacted by the King's moft excellent majesty, by and with the advice and confent of the lords and commons in this prefent parliament affembled, and by the authority of the fame, That the faid 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, vafting and fettling of all fuch monies, goods and 12 Car.2.c.11. other things, in his Majefty, 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 vefted 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 fome profecution begun before the EXP. twenty-fourth of June 1662. B 3 CAP. CAP. IV. An act for a free and voluntary prefent to his Majesty. Provifo, de- V. claring no commiffions EXP. AND be it hereby declared, That no commiffions or aids of this nature can be issued out or levied, but by authoof this nature rity 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. ment. Tumultuous and diforderly titions, a great CAP. V. An act against tumults and disorders, upon pretence of preparing or prefenting publick petitions, or other addresses to his Majefty or the parliament. WH HEREAS it hath been found by fad experience, that tumultuous and other diforderly foliciting and procuring of hands preparing pe- by private perfons to petitions, complaints, remonftrances and declaraoccafion of the tions, and other addresses to the King, or to both or either houses of late wars and parliament, for alteration of matters established by law, redress of pretended grievances in church or flate, or other publick concernments, have been made ufe of to ferve the ends of factious and feditious perfons 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 mischiefs for the future, calamities. No perfon after the firft fhall folicite or procure any petition, &c. for altering any eftablished law in church or ftate. Noy 101. 2 Cr. 37. Moor 755. pl. 1043. II. Be it enacted by the King's most excellent majesty, by and with the consent of the lords and commons affembled in of Aug. 1661. parliament, and by the authority of the fame, That no perfon or perfons whatsoever shall from and after the first of August one thousand fix hundred fixty and one, folicite, 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 ftate, 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 affizes, or general quarter-sessions, or if arifing in London, by the lord mayor, aldermen and commons in common-council affembled; (2) and that no perfon or persons whatsoever fhall repair to his Majefty, or both or either of the houses 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 imprisonment 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 witnesses. III. Pro III. Provided always, That this act, or any thing therein Provifo. contained, fhall not be conftrued to extend to debar or hinder any person or perfons, not exceeding the number of ten aforefaid, to present 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 address whatsoever to his Majefty, by all or any of the members of both or either houfes of parliament, during the fitting of parliament, but that they may enjoy their freedom of access to his Majefty, as heretofore hath been used. CAP. VI. An alt declaring the fole right of the militia to be in the King, and for the prefent ordering and difpofing the fame. Orasmuch as within all his Majefties 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 ftrength, by fea and is, and by the laws of England ever was the undoubted right of his land, the undoubted right Majefty, and his royal predeceffors, Kings and Queens of England; of his Majesty. (2) and that both, or either of the houfes 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 distilled into the minds of the people of this kingdom, which unless prevented, may break forth to the disturbance of the peace and quiet thereof : militia. Ed. 25 3. t. 5. c. 8, II. And whereas an act is under confideration for exercising the An act under militia with most safety and cafe to the King and his people, which act confideration cannot as yet be perfect, (2) be it therefore enacted by the Kings touching the moft excellent Majefty, by, and with the advice and confent of the lords and commons affembled in parliament, That the 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 exercised, 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 Majefty. III. And whereas fince the twenty fourth of June, one thoufand fix hundred and fixty, there have been infurrections, by eccafion whereof divers of his Majefties 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, arrefted detained or imprisoned, and divers arms have been seized and houses fearched for arms, or fufpected perfons; (2) Perfons who be it therefore further enacted by the authority aforefaid, That have acted by all commiffion of B 4 lieutenancy all and every person and persons who have or shall have acted, indemnified, or done any thing in execution of any commiffion or commiffions of lieutenancy, iffued by the Kings majesty that now is, or by colour 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 searching of houses for arms, or for fufpected perfons, fhall be, and are hereby faved harmless, and indempnified in that behalf. Provifo. No perfon nant or de puty-lieutenant, that IV. Provided, That neither this act, nor any thing therein. contained, shall 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 otherwife than by the laws of England ought to be done. VI. Provided, That no perfon whatsoever fhall be capable may be lieute- 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 Mahath not taken jefty into England, until he fhall take the fame according to the the oaths of laws and ftatutes of this kingdom: which oaths the lords of his allegiance and privy council, or any fix of them, are hereby impowered to fupremacy. adminifter to any peer of this realm, who fhall be commiffionated by virtue of this act; and the deputy lieutenants, or any 15 Car. 2. c. 4. two of them, in their respective counties, to any commoner. CA P. VII. 13 & 14 Car. 2. c. 3, 8. -1 Geo. 1. ft. 2. C. 14. An act for confirming publick aƐts. HEREAS during the late difficulties and exigencies of affairs in the abfence of his most excellent Majefly, and in reference to his return from beyond the feas into thefe his Majesty's dominions, the lords and commons being affembled at Westminster the five and twentieth day of April in the twelfth year of his Majesty's reigy, were from thence, and after his Majesty's return, continued until the nine and twentieth day of December then next following and now laft paft, and then diffolved by his Majefty 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 |