Index: G, H

Pages 26-29

Statutes of the Realm: Volume 5, 1628-80. Originally published by Great Britain Record Commission, s.l, 1819.

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Statute Page
For the better Preservation of the Game, and for securing Warrens not inclosed, and the several Fishings of the Realm. 22 & 23 Car. II. c. 25. 745
Lords of Manors, not under the Degree of Esquires, may appoint Gamekeepers—What such Gamekeepers may seize. § 1. Ib.
Power to Gamekeeper to search Houses, &c. for Game, &c., and the same to seize and detain. Ib. Ib.
What Persons are prohibited the keeping of Guns, Bows, Dogs, &c. § 2. Ib.
Entering wrongfully into Warrens or Grounds—Penalty and Punishment. § 3. Ib.
Persons killing or taking Conies in the Night on the Borders of Warrens, except the Owner of the Ground. § 4. 746
Satisfaction and Penalty; and on Nonpayment of Penalty and not making Satisfaction, Imprisonment. Ib. Ib.
Setting, &c. Snares for Hares, &c.—Penalty. §5. Ib.
Fishing in the Pond of any Person without his Consent, with Nets or other Engines—Limitation of Prosecution—Satisfaction and Penalty, to be levied by Distress; if no Distress, Imprisonment, or Security not to offend again. § 6. Ib.
Justice of the Peace convicting Offender may cut the Nets, &c. § 7. Ib.
Appeal to Quarter Sessions—Judgment thereon final, unless Title to Land, &c. concerned. § 8. Ib.
Proviso for Royalties, and Prerogatives to His Majesty, and for the Forest Laws. § 9. Ib.

Gamekeepers See Game.


Statute Page
Against deceitful, disorderly, and excessive Gaming. 16 Car. II. c. 7. 523
Money won by Deceit in Gaming—Penalty—Limitation of Action—Treble Costs. § 1. Ib.
Contracts and Specialties for Money won at Play above £100. at one time, void. § 2. Ib.
The Person winning to forfeit Treble the Money won. Ib. Ib.
Treble Costs. See 9 Ann. c. 14.—18 G. II. c. 34. Ib. Ib.

Geldings, Erportation of See Cattle.

General Pardon. See Pardon.

Greenland and Eastland Trade

Statute Page
For the Encouragement of the Greenland and Eastland Trade, and for better securing the Plantation Trade. 25 Car. II. c. 7. 792
Natives and Foreigners may trade to Greenland, and import Oil, &c. without paying Duty for such Goods imported by English Ships (a); if by Shipping of the Colonies, then the several Rates herein mentioned. (b) (a) Extended to all Ships of Great Britain, &c. 15 G. III. c. 31. § 9. (b) For the State of the above Duties as to Whale Fins, see 9 & 10 W. III. c. 45. § 3. —10 & 11 W. III. c. 25. § 17.—8 Ann. c. 13. § 6. made perpetual, 9 Ann. c. 21. § 1.; but by 26 G. III. c. 41. § 14. Whale Fins, Blubber, &c. may be imported as therein mentioned Duty-free, which is continued until 25th Dec. 1799, 38 G. III. c. 35. § 4.; Duties made to cease, 27 G. III. c. 13. § 1. and see Sched. A. Inwards, tit. Whale Fins; 43 G. III. c. 98. Sched. A. Inwards, tit. Oil; 49 G. III. c. 98. Sched. A. Inwards, tit. Oil; and same Schedule, tit. Whale Fins. 25 Car. II. c. 7. § 2. 792
Liberty given to have One Moiety of English Harpiniers and one Moiety of English Mariners in an English Vessel, without paying further Duty, from 1st May 1673 to 25th March 1683. § 3. exp. Ib.
English-built Ships taking the Benefit of this Act, to proceed from England to Greenland, and victualled accordingly, to be attested by the Collector of the Port. § 4. Ib.
Duty to be levied by the Commissioners of the Customs in England. § 6. Ib.
If Party have not ready Money, Commissioners may take a Proportion of the Commodities. § 7. Ib.
Free Trade to Sweden, Denmark, and Norway. § 8. Ib.
Natives may be admitted into the Eastland Company, paying 40s. The Sums of Money, Penalties, &c. imposed by this Act to be deemed and recovered as Sterling Money of Great Britain, 4 G. III. c. 15. § 41. § 9. Ib.

Guardians See Court of Wards and Liberties.


Statute Page
For Importation of Gunpowder and Saltpetre, and for the free making of Gunpowder. 16 Car. I. c. 21. 131
Liberty to all to import Gunpowder, paying Duties. Licences for Importation, 1 Jac. II. c. 8. § 1. § 1. Ib.
All Subjects may make and sell Gunpowder and import Saltpetre, &c. See as to making and selling, 12 G. III. c. 61. § 2. Ib.
Putting in Execution Letters Patent, Proclamations, &c. against this Liberty—Premunire. § 3. Ib.
His Majesty, by Proclamation, may prohibit the Exportation of Gunpowder. 12 Car. II. c. 4. § 11. 183

-, See Tonnage and Poundage.


Habeas Corpus

Statute Page
For the better securing the Liberty of the Subject, and for Prevention of Imprisonment beyond the Seas. 31 Car. II. c. 2. 935
Sheriffs, &c. within Three Days after Service of Habeas Corpus, with the Exception of Treason and Felony, as andunder the Regulations herein mentioned, to bring up the Body before the Court to which the Writ is returnable, and certify the true Causes of Imprisonment. § 1. Ib.
Exceptions in respect of Distance. Ib. Ib.
How Writs to be marked. § 2. Ib.
Persons committed, except for Treason and Felony, may appeal to the Lord Chancellor. Ib. Ib.
Proceedings thereon. Ib. Ib.
Habeas Corpus may be awarded, and upon Service thereof the Officer to bring up the Prisoners as before mentioned; and thereupon, within Two Days, Lord Chancellor, &c. may discharge upon Recognizance, and he is to certify the Write with the Return and Recognizance. Ib. Ib.
Proviso for Process not bailable. Ib. Ib.
Habeas Corpus not granted in Vacation to Prisoners who have neglected to pray the same. § 3. 936
Officer neglecting, &c. to make the said Returns, &c., or, upon Demand, to deliver a Copy of Warrant of Commitment—First Offence, Penalty to the Party £100.—Second Offence, £200 and Incapacity. § 4. Ib.
Judgment at Suit of Party, sufficient Conviction. Ib. Ib.
Proviso as to Imprisonment of Party, after having been set at large upon Habeas Corpus. § 5. Ib.
Unduly recommitting such discharged Persons, or assisting therein—Penalty to the Party £500. Ib. Ib.
If Persons committed for High Treason or Felony plainly expressed in Warrant, shall not, on Petition, be indicted as herein mentioned—Judges, &c. may discharge upon Bail. § 6. Ib.
Proviso; and if not indicted and tried as herein mentioned, then to be discharged. Ib. Ib.
Proviso respecting Persons charged in Debt, &c. § 7. Ib.
Persons committed for criminal Matter not to be removed but by legal Writ. § 8. Ib.
Unduly making out, &c. Warrant for Removal—Penalty. Ib. 937
Proviso for Application for and granting Habeas Corpus in Vacation Time—Lord Chancellor, &c. unduly denying Writ, Penalty to Party £500. § 9. Ib.
Habeas Corpus may be directed into Counties Palatine, &c. § 10. Ib.
No Subject to be sent Prisoner into Scotland, &c. or any Parts beyond the Seas—Persons so imprisoned may maintain Action against the Person committing or otherwise acting in respect thereof, as herein mentioned. 31 Car. II. c. 2. § II. 937
Treble Costs and Damages. Ib. Ib.
And the Person so committing or acting disabled from Office and incur Premunire, Stat. 16 R. II. c. 5. and be incapable of Pardon of Penalties. Ib. Ib.
Proviso for Contracts for Transportation. § 12. Ib.
And for Transportation of Persons convicted of Felony, and praying to be transported. § 13. Ib.
Proviso respecting Imprisonment of Persons before 1st June 1679. § 14. exp. Ib.
Proviso for sending Persons to be tried in Places where any capital Offence committed. § 15. Ib.
Limitation of Prosecution for Offences against this Act. § 16. 938
After Assizes proclaimed, no Person to be removed from common Gaol upon Habeas Corpus, but brought before Judge of Assize. § 17. Ib.
After Assizes, Persons detained may have Habeas Corpus. § 18. Ib.
In Information, &c. brought for Offence against this Law—General Issue. § 19. Ib.
Proviso as to Removal or Bail of Persons charged as Accessories before the Fact to Petty Treason or Felony. This Act extended, 56 G. III. c. 100. § 20. Ib.

Hackney Coachmen See London and Westminster, Cities of.

Hearth Money

Statute Page
For the better ordering and collecting the Revenue arising by Hearth Money. 15 Car. II. c. 13. 493.
Justices of Peace to issue Warrants to High Constables, &c., who are to issue like Warrants to Petty Constables, &c.,to give public Notice to Occupiers of Houses, &c., to give true Accounts of Hearths, &c. within 10 Days. § 1. Ib.
Officers may enter Houses, &c. in the Day-time, and upon View compare Accounts so rendered, and indorse and return same to High Constable, with a Book or Roll as therein mentioned. Ib. Ib.
High Constable to compare and transmit same to Two Justices of Peace. Ib. Ib.
Justices to examine Officers, and transmit Book and Accounts to Clerk of the Peace, who is to engross the Book and transmit Duplicate, signed by him and the Justices, to the Exchequer. Ib. Ib.
Occupier of House not rendering true Account—Penalty 40s. § 2. 494
Petty Constable, &c. neglecting to transmit Accounts, &c. to High Constable—Penalty £ 5. §3. Ib.
High Constable neglecting to compare and transmit Accounts, &c.—Penalty £10—Penalties how recovered. 15 Car. II. c. 13. § 4. 494
Change of Officers not to disable from collecting Revenue. §5. Ib.
Officer neglecting, &c. to collect and pay over Revenue—Penalty 20s. § 6. Ib.
Officer entering or distraining may call Inhabitants to assist him. §7. Ib.
Sheriff appointed to be a Collector may execute the Office by Deputy. § 8. Ib.
Treasurers of Inns of Court, Colleges, &c. to act as Constables, and Occupiers of Chambers, &c. to account as Occupiers of Houses, and under the like Penalties. § 9. Ib.
Proviso for High Bailiff of Westminster collecting the Duty, subject to the same Penalties as Sheriffs. § 10. Ib.
Sheriff of Middlesex discharged as to Westminster. Ib. Ib.
Constables, &c. to deliver Duplicates of Accounts, &c. to Bailiff. Ib. Ib.
The like Proviso as to the Bailiff and Officers of Southwark. § 11. 495
Sheriff of Surry discharged as to Southwark, and Constables, &c. to deliver to Bailiff Duplicates of Accounts, &c. Ib. Ib.
Treasurer and Chancellor of Exchequer may make further Allowance to Clerks of the Peace, not exceeding 1d. per Pound per Annum, above Allowance by Stat. 14 Car. II. c. 10. § 12. Ib.
For collecting the Duty arising by Hearth Money by Officers to be appointed by His Majesty. 16 Car. II. c. 3. 514
The King may appoint Officers to collect Revenue, and to view and number Hearths, and inspect Returns, who (accompanied with a Constable, &c.) may enter and search Houses, &c. § 1. Ib.
Search every Year. Ib. 515
Variance in the Number of Chimnies to be certified to the Clerk of the Peace, and by him, being approved by Sessions, into the Exchequer. Ib. Ib.
The Duty arising payable to the King's Officers—Default of Payment—Distress. § 2. Ib.
Within what Time Arrears to be exacted. § 3. Ib.
If Violence used against Officers—Punishment. Ib. Ib.
The former Officers discharged. Ib. Ib.
Collectors to give Security and take Oath. § 4. Ib.
No Fee to Officer—Penalty. Ib. Ib.
Officer to give Acquittance to Party without Fee. Ib. Ib.
The succeeding Tenant liable for the broken Half Year. § 5. Ib.
Stopping up or concealing Chimnies, &c.—Penalty. Ib. Ib.
Persons letting Houses to poor Persons, or parcelling out the same, to pay the Duty. § 6. 516
All Houses with more than Two Chimnies, &c. (Exception) liable. Ib. Ib.
One Justice may decide Differences about Distresses, &c. § 7. Ib.
Collectors to pay the Money into the Exchequer. § 8. Ib.
Loss of Office. 16 Car. II. c. 3. §8. 516
Justices, &c. to give Assistance to Officers. Ib. Ib.
Proviso for Persons formerly exempted, or having paid, producing Certificate for Exemption. § 9. Ib.
Allowance to Constables, &c. Hearth Money abolished, 1 W. & M.c. 10. § 10. Ib.

Heir See Frauds and Perjuries.

Heir within age See Delays in extending Judgments, Statutes, and Recognizances.

Herrings See Fish and Fisheries.

High Commission Court See Ecclesiastical Jurisdiction.


Statute Page
For enlarging and repairing of common Highways. 14 Car. II. c.6. 374
Choice of Surveyors of Highways regulated. §1. Ib.
Surveyors to view Highways, &c.—Penalty £5—and to consider what Repairs wanting, and the Costs thereof, and together with Householders lay Assessment, not exceeding 6d. in the Pound in one Year. § 2. Ib.
Assessments to be allowed and signed by Justice. Ib. Ib.
Persons not paying Assessment to pay Double—Proviso. Ib. Ib.
Surveyors to see that Nuisances are removed and Offenders punished. Ib. Ib.
Surveyors to hire Labourers, &c. yearly. Ib. Ib.
Surveyors to direct Persons chargeable with Wain or Cart to come to labour or send their Carts, &c. and to pay for the same according to the Rate of the Country for Over-work—Questions respecting the same to be settled by Justice. § 3. 375
Persons refusing, &c.—Penalty. Ib. Ib.
No Assessment both for Land and Stock. § 4. Ib.
Where Roads not of the Breadth of 8 Yards, Surveyors to lay out Lands adjoining—Writ of ad quod damnum being first issued; and Surveyors giving Satisfaction to Owners of the Land. § 5. Ib.
Such new Ways to be repaired, &c. as the former Ways. Ib. Ib.
Where not sufficient Gravel, &c. to repair, Surveyors may dig for the same in neighbouring Commons without paying for the same. § 6. Ib.
And where not sufficient in Commons, &c. Surveyors may enter and dig in private Grounds, except Orchards, &c. without paying, (Exception) rendering Damages to the Owners, to be assessed by Justices; but to fill up Holes,&c.—Penalty. § 7. Ib.
Regulations as to Number of Horses and Oxen drawing Waggons, &c.—(Exception)—and as to Weight of Burthen; and as to Breadth of Wheels—Penalty 40s.—To be levied by Distress—Penalties not paid, Distress to be sold. See Note at End of Act, inf. § 8. Ib.
Offences declared common Nuisances. § 9. 376
In Suit commenced against Persons executing Act, General Issue may be pleaded—Double Costs. 14 Car. II. c. 6. § 10. 376
Rates, Charitable Gifts for repairing Roads, and Penalties, &c. (Exception) how to be employed. § 11. Ib.
Surveyors to account—Method of Account —and to pay over Balance to Successor —Not accounting, Imprisonment in common Gaol. § 12. Ib.
Justices of Assize, &c. and of the Peace may determine respecting Charitable Gifts for repairing Highways—Exception. § 13. Ib.
Appeal to Chancery. § 14. 377
Certiorari not to be allowed on Information, &c. unless Security for Costs, £ 40. § 15. Ib.
The Parish of Laycock in the County of Wilts indemnified against rebuilding Reybridge, except for Horse and Pack. § 16. Ib.
Owners of Iron Works and Persons within the Wilds of Surry, Sussex, and Kent, not exempt. §17. Ib.
Cases in which no Assessment under this Act. § 18. Ib.
Proviso respecting Stratford Bridge in the Parish of Hillingdon, in the County of Middlesex. §19. Ib.
Surveyors to take care that Bridges have sufficient Walls or Posts and Rails. § 20. Ib.
Proviso respecting Surveyors for the Year 1662; and also where no Surveyors chosen for that Year. § 21. exp. Ib.
Tenant of Lands to pay Assessment— Proviso for Agreements. § 22. 378
Continuance of Act, Three Years, &c. This Act repealed as to the Breadth of the Tyre of Waggon and Cart Wheels by 22 Car. II. c. 12. § 3. and by 30 Car. II. c. 5. as to the Words "for Hire" which occur in Section 8. of this Act, and the Rest of this Act is expired.—But note, 22 Car. II. c. 12. so far as relates to the Power to make Assessments for repairing Highways, is repealed by 7 G. III. c. 42. § 57. § 23. Ib.
For repairing the Highways within the Counties of Hertford, Cambridge, and Huntingdon. This Act continued as to Hertford for 21 Years, 16 & 17 Car. II. c. 10. and together with the said Act of 16 & 17 Car. II. c. 10. recited as expired by 4 W. & M. c. 9. and thereby revived, as to Hertford, for 15 Years, and continued, as to Hertford, 5 & 6 Ann. c. II.—6 G. I. c. 20.— made to cease as to Hertford, 6 G. II. c. 24. 15 Car.II. c.1. 436
For the better repairing Highways and Bridges. 22 Car. II. c. 12. 682
Surveyors, &c. to cause Acts of Parliament for repairing the Highways to be executed—Neglecting, &c. —Penalty—How to be levied and employed. § 1. Ib.
Lands given for Maintenance of Causeys,&c. to be farmed at the most improved yearly Value without Fine; Justices in Sessions to inquire into the Value of Lands, &c.—Exception. § 2. 683
Stat. 14 Car. II. c. 6. § 8. repealed. 22 Car. II. c. 12. § 3. 683
Resisting Officers employed in executingAct, rescuing Goods, &c.—Penalty 40s. or Imprisonment. § 4. Ib.
Actions brought under this Act to be laid in the proper County—General Issue—Treble Costs. Ib. Ib.
Times for repairing the Highways. Ib. Ib.
Defects to be presented in the County where the Places defective lie—In what case Certiorari allowed. § 5. Ib.
Lands, Houses, &c. in the Suburbs of London, Southwark, and Westminster, made liable to Assessments for the Scavengers as by Stat. 14 Car. II. c. 6.—Quarter Sessions may determine Disputes as to Liability. § 6. Ib.
Travelling Waggons, Wains, &c. carrying Goods, &c. shall be drawn but with 5 Horses in Length, a greater Number to draw in Pairs. § 7. Ib.
Owners of Waggons, &c. offending—Penalty 40s.—how levied § 8. Ib.
In Places where Carts or Teams not used for mending the Highways, Inhabitants to send Horses and other Carriages. § 9. 684
Making default in repairing Highways, Surveyor to complain to Justices—Penalty;levied by Distress. § 10. Ib.
Assessment when to be made by Quarter Sessions for repairing the Highways—to be levied by Distress. § 11. Ib.
Amount of Assessment in respect of Personal Estate. § 12. Ib.
Surveyors of Highways when to be chosen as by Stat. 2 & 3 P. & M. c. 8. —theirDuty in appointing Days for Work, &c.— to make a Return of Defaulters to Justice, who is to present the same to Quarter Sessions—Penalty on Offenders. § 13. Ib.
Bridges to be built in Cheshire and Lancashire, within 10 Years, and Bridges demolished in the late War to be repaired. § 14. 685
Charges for the same to be levied as by Stat. 22 H. VIII. c. 5. Ib. Ib.
Six Justices of Monmouth in Sessions may levy for Usk and Basalegg Bridges during Ten Years. This Act repealed as to Highways 7 G. III. c. 42. § 57. § 15. Ib.

Hogs, Exportation of See Cattle.

Holy Orders.

Statute Page
For disabling all Persons in Holy Orders to exercise any Temporal Jurisdiction or Authority. 16 Car. I. c. 27. 138
Archbishops, &c. and Persons in Holy Orders not to have Seat or Voice in Parliament, &c. or execute any Temporal Authority. § 1. Ib.
All Acts, &c. done by such Persons void. § 2. Ib.
Stat. 16 Car. I. c. 27. repealed. 13 Car. II. c. 2. 306

-, See Non-Conformists.

Horses, Mares, and Geldings, Exportation of See Cattle.

Hospitals See College Leases.