Statutes of the Realm: Volume 5, 1628-80. Originally published by Great Britain Record Commission, s.l, 1819.
This free content was digitised by double rekeying. All rights reserved.
c. 33. ante.
c. 34. ante.; c. 35. ante.; All Persons, English, Scottish, Irish, and Dutch, being Protestants, may subscribe.; The Time for Payment.; On Payment, entitled to Allotments.
Whereas in pursuance of three severall Acts of Parliament made this present Session (the first intituled An Act for the speedie and effectuall reducing of the Rebells in His Majesties Kingdome of Ireland to theire due obedience to His Majestie and to the Crowne of England And the second intituled An Act for adding unto and explaining of certaine Clauses in another Act made this Parliament intituled An Act for the speedie and effectsuall reducing of the Rebels in His Majesties Kingdome of Ireland to theire due obedience to His Majestie and the Crowne of England And the third intituled An Act to inable Corporations and Bodies Politique to participate of the benefit of an Act lately past intituled An Act for the speedie and effectuall reducing of the Rebels in His Majesties Kingdome of Ireland to theire due obedience to his Majestie and the Crowne of England diverse great su[m]ms of money have beene subscribed some part whereof is already paid in to the purposes and persons mentioned in the said Acts and diverse other well affected persons Bodies Politique and Corporate would subscribe and pay in diverse great su[m]ms of money for the purposes and intents in the said Acts expressed if the times limited in the said Acts for subscribing and paying in of the same were not already elapsed Be it therefore enacted by the King our Soveraigne Lord and by the Lords and Commons in this present Parliament assembled and by the Authoritie of the same That all and every person and persons of the English Scotish Irish or Dutch Nation being Protestants in Religion and every Body Politique and Corporate of this Realme which at any time before the twentieth day of July in the yeare of our Lord one thousand six hundred fourty two shall underwrite or cause to be underwritten to the intents and purposes in all or any the said Acts menc[i]oned any su[m]m of money not being under the su[m]m of ten pounds and shall pay or cause to be paid the fourth part thereof on or before the said twentieth day of July and the other three parts of the su[m]m or su[m]ms so to be underwritten within three monthes three monthes and three monthes by equall porc[i]ons accompting eight and twenty dayes to every moneth to be accompted to begin from the twentieth of July aforesaid and all the said su[m]ms to be underwritten at the Chamber of the City of London and to be paid to the four persons appointed to attend there by the said Acts or to any two of them who are hereby authorised and required to give Receipts for the same and to enter the said su[m]ms and times of such subscription as aforesaid shall have to all and every such person and persons Bodies Politique and Corporate theire Heires Successors or Assignes respectively a proportionable share of the Rebels Lands and of other Lands forfeited or to be forfeited by all or any of the said Acts according to the su[m]ms to be by him or them underwritten and paid in as aforesaid under all other the Condic[i]ons Limitac[i]ons and Provisions which in all or any of the said Acts are expressed and in as large and beneficiall manner to all intents and purposes as if such underwriting and payment had been at the dayes in the said Acts or either of them appointed or expressed
II. Time for Payment by such as have subscribed.
Allowance to such Persons of proportionable Number of Two Million and a Half of Acres.
And the better to invite all well affected persons Bodies Politique and Corporate to the bringing in of present money for this service which will be the most effectuall meanes under God for the speedy subduing of the said Rebels. Be it therefore Enacted by the Authority aforesaid That all and every person and persons of the English Scotish Irish or Dutch Nation being of the Protestant Religion and every Body Politique or Corporate in this Realme which hath at any time heretofore underwritten or have caused to be underwritten or shall underwrite or cause to be underwritten any su[m]m of money to the purposes in all or any of the said Acts mentioned and hath or shall have according to the times and places in the said Acts limited paid in a fourth part or more of the same and shall pay in or cause to be paid in the residue of the su[m]m so underwritten before the said twentieth day of July And every such person or body politique which shall underwrite or cause to be underwritten to the purposes aforesaid any summ of money by vertue of this Act at the said Chamber [of (fn. 2) ] London and shall pay in or cause to be paid in the whole su[m]m which he or they shall soe underwrite or cause to be underwritten unto the said four persons or any two of them who are to give Receipts for the same as aforesaid and to enter the summs and times of subscription before the said twentieth of July shall have to all and every such person and persons Bodies Politique and Corporate theire Heires Successors and Assignes respectively a proportionable number of Acres out of the two millions and halfe of Acres in the said former Act mentioned with Woods Boggs Loughes and barren Mountaines cast in over and above with the Houses and Edifices thereupon built according to the su[m]m so underwritten and paid in which said proportionable number of Acres shall be measured out and enjoyed according to the Plantation measure (that is to say) every Acre thereof shall consist of eightscore Pearches or Poles and every Pearch or Pole shall consist of one and twentie foot and shall enjoye the said proportionable number of Acres under the same Conditions Limitations and Provisions and in as large and beneficiall manner to all intents and purposes as any other underwriter which shall pay in his money underwritten at four payments shall enjoye his proportionable number of English Acres Any thing in the said Acts or either of them conteyned to the contrary notwithstanding
III. The Proportion of Poles to every Acre for those who shall have paid in their Subscriptions before the 20th of July.
And whereas the two Millions and halfe of Acres menc[i]oned in the said first recited Act to be for the satisfaction of such persons as shall underwrite and pay in any su[m]m of money according to the said first recited Act or Propositions mentioned in the said first recited Act are to consist of English measure Now to the intent that all such well affected persons Bodies Politique and Corporate as have underwritten or shall underwrite or have caused or shall cause to be underwriten to the purposes in all or any of the said Acts expressed any su[m]m of money and shall pay in or cause to be paid in all theire summs which are or shall be so underwritten as aforesaid before the said twentieth of July may have Lands sufficient to give them satisfaction according to the proportion of one and twenty foot to the Pole for every Acre. Therefore be it Enacted That every Acre of the said two Millions and halfe of Acres shall consist of eightscore Pearches or Poles and every Pearch or Pole shall consist of one and twenty foot And all the said two Millions and halfe of Acres shall be measured forth out of the said Rebells Lands and the other Lands forfeited by the said first recited Act according to that measure Any thing in the said Propositions or in the said Acts contained to the contrary notwithstanding
IV. The Proportion for those who shall not have paid in the whole of their Subscription before the 20th July.
Provided neverthelesse That all and every person and persons Bodies Politique and Corporate which have underwritten or shall underwrite or have caused or shall cause any other to underwrite for him or them any su[m]m of money to the purposes aforesaid and have paid or shall pay in theire moneys according to the said recited Acts or according to the times limited in the first Clause of this Act and shall not pay in all theire respective su[m]ms underwritten or to be underwritten as aforesaid before the said twentieth of July shall have theire proportionable number [of (fn. 2) ] Acres according to the English measure viz. consisting of sixteen foot and an halfe to the Pole and no other or greater measure Any thing in this Act contained to the contrary notwithstanding
V. Proviso respecting Persons paying in by way of Rebate, having Benefit of Act.
Provided alsoe and be it enacted by the Authority aforesaid That no Person Body Politique or Corporate which hath paid in any su[m]m of Money according to the said Acts or any of them by way of Rebate shall have any advantage of this Act unlesse such person Body Politique or Corporate shall repay or cause to be repaid before the said twentieth of July to the said four persons or any two of them who are to give Receipts for the same the su[m]m so to him or them formerly rebated Any thing in this Act contained to the contrary notwithstanding
VI. Allowance to Receivers 1d. in the Pound.
And be it lastly Enacted by the Authority aforesaid That it shall and may be lawfull to and for the said four Receivers or any two of them to deduct and retain to theire owne use one penie out of every pound of all such su[m]ms of money as they shall receive according to this Act towards theire charges and paines in attending and receiving the said Subscriptions and su[m]ms of Money and in issuing out of the same.
CHAPTER XXXVIII. An Act for the Attainder of Thomas Earle of Strafford of High Treason. ( (fn. 3) ) [O. nu. 23.]
Earl of Stafford attainted of High Treason.; Proviso for the Law relating to Treason.
Whereas the Knights Cittizens and Burgesses of the Howse of Co[m]mons in this p[re]sent Parliament assembled have in the name of themselves and of all the Co[m]mons of England impeached Thomas Earle of Strafford of High Treason for endeavouring to subvert the auncient & fundamentall Lawes and Governement of His Mats Realmes of England and Ireland and to introduce an arbitrary & tyranicall Government against Lawe in the said Kingdomes And for exercizing a tyranous and exorbitant Power above and against the Lawes of the said Kingdomes over the Liberties Estates and Lives of His Mats Sut And likewise for haveing by his owne Authoritie comanded the laying and sessing of Souldiers uppon His Mats Suts in Ireland against their consents to compell them to obey his unlawfull su[m]mons & Orders made uppon paper Petic[i]ons in causes betweene partie and partie wch accordingly was executed uppon divers of His Mats Subts in a warlike manner wthin the said Realme of Ireland and in soe doeing did leavy warr against the Kings Ma[jes]tie and his liege people in that Kingdome;. And alsoe for that hee uppon the unhappy dissoluc[i]on of the last Parliament did slaunder the Howse of Co[m]mons to His Ma[jes]tie and did councell and advise His Ma[jes]tie that hee was loose and absolved from Rules of Government. And that hee [had (fn. 4) ] an Army in Ireland which hee might imploy to reduce this Kingdome. For whthhee deserveth to undergoe the Paines and Forfeitures of High Treason. And the said Earle hath bin alsoe an Incendiary of the Warrs betweene the two Kingdomes of England & Scotland. All whth Offences hath bin sufficiently prooved against the said Earle upon his Impeachment. Bee it therefore enacted by the Kings most excellent Ma[jes]tie And by the Lords and Co[m]mons in this present Parliament assembled, and by Authority of the same That the said Earle of Strafford for the haynous Crymes and Offences aforesaid stand and bee adjudged attainted of High Treason and shall suffer such paines of Death and incur the Forfeitures of his Goods and Chattells Lands Tenements & Hereditaments of anie Estate of Freehold or Inheritance in the said Kingdomes of England and Ireland wchthe said Earle or anie other to his use or in trust for him have or had the daie of the first sitting of this present Parliament or at anie tyme since; Provided That noe Judge or Judges Justice or Justices whatsoever shall adjudge or interpret anie Act or Thing to be Treason nor heare or determine anie Treason nor in anie other manner then hee or they should or ought [to (fn. 5) ] have done before the makeing of this Act, and as if this Act had never bin had nor made,
II. General Saving.
Saveing alwaies unto all and singuler Persons and Bodies Pollitique & Corporate theire heires and successors others then the said Earle and his heires and such as clayme from by or under him, all such right title and interest of in and to all and singuler such of the said Landct Tenements and Hereditamentcte they or anie of them had before the first daie of this present Parliament Anie thing herein contained to the contrarie notwithstanding: Provided that the passing of this present Asis Mats assent thereunto shall not be anie determinac[i]on of this present Sessions of Parliament, But that this present Sessions of Parliament and all bills and matters whatsoever depending in Parliament and not fully enacted or determined, And all Statuts and Act of Parliament wch have theire continuance untill the end of this present Session of Parliament shall remaine continue and bee in full force as if this Act had not bin.
ITEM quedam petic[i]oes privatas p[er]sonas concernentes in se formam Actus continentes exhibita fuerunt p[ro]dc[i]o D[omin]o Regi in Parlam p[re]d qua[rum] tituli subscribuntur viz.
1. An Act for the Attainder of Thomas Earle of Strafford of High Treason.
2. An Act to enable the Marquesse of Winchester to grant estates for three lives or one and twentie yeares &c of Lands in the County of Southampton &c reserving the old rents.
3. An Act for naturalizing of Dorothy Spencer daughter of Henry Lord Spencer Baron Spencer of Wormleighton.
4. An Act for the enabling of the sale and leasing of Lands for payment of the debts of Thomas late Earle of Winchelsea.
5. An Act for the setling and estating upon the Right Honourable the Lady Elizabeth Countesse Dowager of Exceter her heires and assignes for ever the Scite of the Hospitall of Saint Leonards without the Towne of Newarke upon Trent in the County of Nottingham with the Dwelling House and other Buildings thereupon built and of certaine Closes and Grounds parcell of the possessions of the said Hospitall and for the annexing of diverse Lands and Tenements of better value being the inheritance of the said Countesse unto the possessions of the said Hospitall for ever in liew of the same.
6. An Act for the making of the Chappell of Hoole in the Countie of Lancaster a Parish Church and no part of the parish of Croston.
7. An Act for John Eggars Free School within the parish of Alton in the Countie of Southampton.
8. An Act for the setling of certaine Manors Lands Tenements & Hereditaments on Katherine Countesse Dowager of Bedford William now Earle of Bedford John Russell and Edward Russell Esquires sons of Francis Earle of Bedford deceased.
9. An Act for the confirmation of his Majesties Letters Patents to the Town of Plimouth and for dividing the parish & building of a new Church there.
10. An Act for the alteration of the Estate and Tenure of some Lands within the parish of Fulham in the County of Middlesex held of the Lord Bishop of London as of his Mannor of Fulham
11. An Act to setle the Mannor of Belgrave and other Lands in the County of Leicester to and upon William Byerly Esquire his heires & assignees for & towards payment of the debts of William Davenport Esquire deceased.
12. An Act to inhable Sir Alexander Denton Knight to sell the Manor of Great Barvard alias Barford Saint Michael and other Lands in this present Act mentioned for the payment of his debts & preferment of his younger Children.
13. An Act for the assuring of a Messuage called Duresme House alias Durham House and certaine Stables part of the possessions of the Bishop of Duresme scituate in the parish of Saint Martins in the Feilds in the Countie of Middlesex unto the Right Honourable Philip Earle of Pembrooke and Mountgomerie and his heires and of a yearely rent of two hundred pounds per annum to the said Bishopp of Duresm and his successors in leiw thereof.
The whole of the Acts of this Session are here printed as having passed in the 16th Year of King Charles the First, there not appearing upon the Roll any thing to distinguish what Acts passed in the 16th and 17th, and in the 17th and 18th Years; the Three Parts of the Roll being a regular Continuation of Acts under the same Head as to the Session.
At the Parliament Office the first 22 Acts are in a Bundle, indorsed, "16 & 17 Car." and by "The long Calendar" in the same Office are stated to have passed, "Att the first Recesse of Parliament begunn at Westm' the Third Day of November An° R. R. Car. 16° & 17° 1640. 1641." And the remaining 15 Acts are in another Bundle; indorsed, "17 and 18 Car." and in the same Calendar are stated to be, "Acts of Parliament "passed after the first Recesse A° 17 & 18 Car. Regis in the Parliament begunn on the Thirde Day of November An° 16 Car. Regis."