the Exchequer to have full Power and Authority to make Pro- CA P. XIII An Act for the Shipping in English Bottoms. "To continue 5 Years. 5 R. 2. Stat. 1. c. 3; 4 & 5 H. 7. c. 10. 66 repealed." [See Note to the last mentioned A&t.] CA P. XIV. An Act for the Continuance of the making of Woollen [Repealed, 49 G. 3. c. 109. § 1.] CA P. XV. An Act that Timber fhall not be felled to make Coals for the making of Iron. OR the avoiding of Deftruction and Wafting of Timber, Be it enacted by our Sovereign Lady the Queen's Majesty, the Lords Spiritual and Temporal, and the Commons, in this prefent Parliament affembled, and by the Authority of the fame, That no Perfon or Perfons hereafter fhall convert or employ, or cause to be converted or employed to Coal or other Fuel for the making of Iron, any Timber-tree or Timber-trees of Oak, Beech or Afh, or of any Part thereof, of the Breadth of One Foot Square at the Stub, and growing within Fourteen Miles of the Sea, or of any Part of the Rivers of Thames, Severn, Wye, Humber, Dee, Tine, Tefe, Trent, or any other River, Creek or Stream, by the which Carriage is commonly ufed by Boat or other Veffel to any Part of the Sea; upon Pain of Forfeiture for every fuch Tree, or any Part thereof, fo employed or converted to Coal or other Fuel for the making of Iron as is aforefaid, Forty Shillings of lawful Money of England; the One Half of all which Forfeitures to be to our Sovereign Lady the Queen's Majefty, and to her Heirs and Succeffors, and the other Moiety to him or them that will fue for the fame by original Writ, Bill, Plaint or Information, wherein no Effoin, Protection, Injunction or Wager of Law fhall be admitted or allowed. II. Provided always, That this Act fhall not extend to the County of Suffex nor to the Weild of Kent, nor to any of the Parishes of Charlewood, Newdigate and Ligh, in the Weild of the County of Surrey. This A&t to begin and take effect from and after the Feaft of the Nativity of St. John Baptift next coming after this Seffion of Parliament. CA P. XVI. An Act to continue the Act made against rebellious CAP. CA P. XVII. An Act for the Preservation of Spawn and Fry of Fish. FOR be taken. OR the Prefervation hereafter of Spawn, Fry and young Breed of Eels, Salmons, Pikes, and of all other Fish which 'heretofore hath been much destroyed in Rivers and Streams falt and fresh within this Realm, infomuch that in divers Places they feed Swine and Dogs with the Fry and Spawn of Fish, and otherwife, lamentable and horrible to be reported, destroy the fame, to the great Hinderance and Decay of the Commonwealth' Be it therefore enacted by the Queen's most excellent Majefty, the Lords Spiritual and Temporal, and the Commons, in this prefent Parliament affembled, and by the Authority of the fame, That no Perfon or Perfons of what Eftate, Degree or Spawn or Fry Condition foever he or they be, from and after the First Day of of Fish not to June next coming, with any Manner of Net, Weele, But, Taining, Kepper, Lime, Črele, Raw, Fagnet, Trolnet, Trimenet, Trimboat, Stalboat, Weblifter, Seur, Lammet, or with any Device or Engine made of Hair, Wool, Line or Canvas; or fhall use any Heling-Net or Trimboat, or by any other Device, Engine, Cawtel, Ways or Means whatsoever heretofore made or devised, or hereafter to be made or devifed, fhall take and kill any young Brood, Spawn or Fry of Eels, Salmon, Pike or Pikerel, or of any other Fish, in any Flood-gate Pipe, at the Tail of any Mill, Wear, or in any Straights, Streams, Brooks, Rivers fresh or falt within this Realm of England, Wales, Berwick, or the Marches thereof; nor fhall from and after the First Day of June next coming, by any of the Ways and Means aforefaid, or otherwise, in any River or Place above fpecified, take and kill any Salmons or Trouts, not being in Seafon, being Kepper-Salmons or Kepper-Trouts, Shedder-Salmons or Shedder-Trouts. None shall take Seafon. II. And be it further enacted by the Authority aforefaid, Length of That no Perfon or Persons, of what Eftate, Degree or Condition Fith. he or they fhall be of, from and after the faid First Day of June, by any of the Means aforefaid, in any of the Rivers or Places above named, fhall take and kill any Pike or Pikerel, not being in Length Ten Inches or more; nor any Salmon not being in Length Sixteen Inches or more; nor any Trout not being in Length Eight Inches or more; nor any Barbel not being in Length Twelve Inches or more. III. And to the Intent the faid young Fry, Brood or Spawn Of what Meth may be preferved according to the true Meaning hereof, Be it each Net shall further enacted by the Authority aforefaid, That no manner of be. Perfon or Perfons, from and after the First Day of June next coming, fhall fish or take Fish with any manner of Net, Tramel, Kepe, Wore, Hivie, Crele, or by any other Engine, Device, Ways or Means whatsoever, in any River or other Place above mentioned, but only with Net or Tramel whereof every Mesh or Mask fhall be Two Inches and a Half broad; Angling excepted. [See as to length of Nets and size of Melbes, 18 G. 3. c. 33. and Note there; and no other Nets than as allowed by this At to be used for taking Salmon, 45 G. 3. c. xxxiii. § 2.] IV. Provided nevertheless, and be it enacted by Authority What Nets or aforefaid, That in all fuch Places where Smelts, Loches, Minnies, other Devices Bulheads, Gudgions or Eels, have been used to be taken and may be used for killed, Fith. Penalty. + Sic. Who may enquire of and determine Offences. 1. How Penalties difpoled of. Lord of Leet Offences. killed, that in all fuch Places it fhall be lawful, only for the taking of Smelts, Loches, Minnies, Gudgions and Eels, to use fuch Nets, Lepes and other Engines, Devices, Ways and Means as heretofore have been used for the taking of the fame; fo that fuch Perfon or Perfons ufing or occupying fuch Nets or other Engines as is laft afore-mentioned, do not take, kill or deftroy any other Fish with the faid Nets or Engines, contrary to the Tenor and Form above in this Statute contained. V. And be it further enacted, That if any Perfon or Perfons, after the aforefaid Day limited in this prefent A&, offend in any of the Points before rehearfed, contrary to the Tenor, Form and Purport of any Part of the fame, that then every fuch Perfon and Perfons fo offending fhall lofe and forfeit for every Time of his or their Offence, the Sum of Twenty Shillings, and the Fish fo taken contrary to the Tenor hereof, and alfo the unlawful Nets, Engines, Devices and Inftruments, whatfoever they be, wherewith or whereby fuch Offence fhall fortune to be made, committed or done. [51. and Fifb and Nets, 1 G. 1. Stat. 2. c. 18. § 14.] VI. And to the Intent that a perfect Execution may be had of this prefent Act, be it further ordained by Authority aforefaid, That the Lord Admiral of England, and the Mayor of the City of London for the Time being, and all and every other Perfon and Perfons, Bodies Politic and Corporate, which by Grant or other lawful Ways or Means, lawfully have or ought to have any Confervation or Prefervation of any Rivers, Streams or Water, or Punishments and Corrections of Offences committed in any of them, fhall have full Power and Authority by virtue of this Act to enquire of all the Offences to be committed and done contrary to the Effect and true Meaning of this Act, within his or their fuch lawful Rule, Government, Jurifdiction and Confervancy, by the Oaths of Twelve Men or more, and to hear and determine all and every the fame Offences committed within his or their fuch Jurifdiction, Confervancy, Rule and Government. VII. And that all fuch Pains and Forfeitures as fhall rife or grow by the reason of any fuch Conviction for any the Offences aforefaid, fhall be to the Ufe of every of the faid Perfon and Perfons being no Body Politick or Corporate, nor Head of any Body Politick or Corporate, before whom fuch Conviction, as is aforefaid, fhall be had, and to the Ufe of every fuch Body Politick and Corporate as heretofore have lawfully had any Fines, Forfeitures and Amerciaments for any Offence unlawfully committed or done in any fuch their Jurifdiction or Confervancies, upon Conviction had before the Head of any fuch Body Politick or Corporate. VIII. And that alfo the Lord of every Leet within this Realin may enquire of of England and Wales, or the Dominions of the fame, fhall have full Power and Authority to enquire of all the Offences contrary to the Purport, Tenor and Form of this Eftatute, within the Precinct of their faid Leet: Such Enquiry to be had in Manner and Form, and after fuch Sort, as common Amerciaments, or other Things inquirable in their Court-Leet, have been lawfully ufed and accustomed to be had and made. Oath IX. And that upon every fuch Prefentment had in any Court or Leet, by the Oath of Twelve Men or more, as is aforefaid, of any any Offence or Offences made contrary to the Tenor of this Penalties levied. Eftatute; that then all fuch Forfeiture above in this Eftatute limited and appointed for fuch Offence, fhall be unto the Lord of the faid Leet for the Time being, to his own Use for ever, and fhall be levied in fuch Manner and Form, as Amerciaments for Affrays committed within the Precinct of fuch Leet have been ufed and accustomed to be levied. X. And if any Leet after the faid First Day of June be kept Steward of Leet within this Realm of England or Wales, or the Dominions thereof, not giving Act and the Steward of the faid Leet for the Time being, or other for in Charge. him, do not charge the Jury fworn in fuch Leet, to enquire of all the Offences done within the Precinct of the faid Leet contrary to the Tenor and Form of this Eftatute; that then the Steward of the faid Leet to lofe and forfeit Forty Shillings; the one Moiety Penalty. of which Forfeitures fhall be to the Queen's Majefty, her Heirs and Succeffors, and the other Moiety to him that will fue for the fame. And if any Jury fworn in any Leet, and being charged to Jury in a Leet enquire of the Offences committed within the Precinct of that concealing Leet, do wilfully and willingly conceal and make Default in Pre- Offence. fentment, or do not present the Offence and Offenders; that then it fhall be lawful to the Steward or Bailiff of the Leet, or his or their Deputy for the Time being, to impannel one other Jury within the faid Leet, and to enquire of fuch Concealment, Default or Non-prefentment; and that upon fuch Concealment, Default or Nonprefentment found and prefented, every of the faid Jurors. which fo did conceal, make Default or not prefent, fhall lofe and forfeit for every fuch Offence Twenty Shillings to the Lord of the Penalty. faid Leet, the fame to be levied in Manner and Form as is abovefaid for the other Offences limited and expreffed. XI. And it is further enacted by Authority aforefaid, That Offences not if the Offences above mentioned touching the taking, killing or prefented in the Leet. deftroying of Fish, or Fry and Spawn, be not prefented at the Leet where they fhall be committed, within One Year next after the Offence committed, that the Justices of the Peace in their Seffions, Juftices of Oyer and Determiner, and Justices of Affife in their feveral Circuits, fhall have full Power and Authority to enquire thereof, and to hear and determine all the Offences committed contrary to the Tenor of this Eftatute. XII. Saving always to all and every Perfon or Perfons, Bodies General Saving. Politic and Corporate, and every of them, all fuch Right, Title, Intereft, Claim, Privilege and Confervation, and Enquiry and Punishment of and for any the Offences aforefaid, as they or any of them lawfully have and enjoy, or of Right ought to have and enjoy, by any Manner of Means; any Thing in this Act to the contrary notwithstanding. This Act to endure to the End of the next Parliament. XIII. Provided always, That this Act, nor any Thing therein To what Percontained, shall not extend unto the Fishing of the River or Water fons, &c. A& of Tweed; nor to any River or Water whereof the Queen's Majefty doth not extend. is anfwered of any yearly Rent or Profit; nor to the Owners, Farmers and Occupiers of the Rivers of Uke or Wye in the County of Monmouth; for any Fish hereafter to be taken in any the Rivers or Waters before mentioned and expreffed; but that it fhall be lawful at all feasonable Time and Times hereafter, for fuch as have or fhall have any manner of Intereft therein, to take and fish the faid VOL. IV. Rivers, L The Queen empowered to take into her Hands, on the Avoidance of any Archbishoprick, certain Pol feffions thereof. Rivers and Waters, in fuch Manner and Form as heretofore hath CA P. XVIII. An Act for the Continuance of certain Statutes. EXP. CA P. XIX. [This is Cap. 36. on the Roll.] An Act giving Authority to the Queen's Majefty, upon the Avoidance of any Archbishoprick or Bifhoprick, to take into her Hands certain of the Temporal Poffeffions thereof, recompenfing the fame with Parfonages impropriate and Tenths. T HE Lords Spiritual and Temporal, and the Commons, in this prefent Parliament affembled, perceiving how neceffary it is for the Imperial Crown of this Realm to be repaired with the Reftitution of Revenues meet for the fame, and having affented and fully accorded to restore to the fame Imperial Crown the First-fruits and Tenths of Parfonages impropriate, for the • Increase of the Revenue thereof, be also desirous to devise some good Means, whereby the faid Revenue of Tenths and Impropriate Benefices might be in the Governance and Difpofition of the Clergy of this Realm, being moft apt for the fame, in fuch Sort as yet thereby the faid Imperial Crown fhould not be in any wife diminished in the faid restored Revenue.' this II. And therefore befeech your Majefty, That it may be enacted by the Authority of this prefent Parliament, in Manner and Form hereafter following; that is to fay, upon the Vacation and Avoidance of every Archbishoprick or Bifhoprick within your Realm of England and Wales, and other your Highnefs Dominions, it fhall and may be lawful for your Highnefs, to elect and choose, and to take into your Hands and real Poffeffion, as much and fo many of any the Honours, Caftles, Manors, Lands, Tenements or other Hereditaments, being Parcel of the Poffeffions of any fuch Archibfhoprick or Bifhoprick fo being void, as the clear yearly Value of all your Majelly's Parfonages Appropriate and yearly Tenths within every fuch Archbishoprick or Bishoprick fhall yearly amount and extend unto; and for the Trial of every Value of fuch Honours, Caftles, Manors, Lands, Tenements and Hereditaments, it fhall and may be lawful far your Highness from Time to Time to direct your Letters of Commiffion under your Highnefs Great Seal of England into every fuch Archbishoprick or Bifhoprick, fo being void, to fuch Perfons as your Majefty fhall think meet and convenient, giving them Authority thereby to furvey fuch Honours, Caftles, Manors, Lands, Tenements and Hereditaments, Parcel of the Poffeffions of the fame Archbishoprick or Bishoprick fo being |