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IV. And be it further enacted... That all tenures hereafter to be created by the King's Majesty, his heirs or successors, upon any gifts or grants of any manors, lands, tenements or hereditaments, of any estate of inheritance at the common law, shall be . . . in free and common socage only, and not by knights-service or in capite, and shall be discharged of all wardship, value and forfeiture of marriage, livery, primer seisin, ousterlemain, aide pur fair fitz chivalier and pur file marrier; any law, statute or reservation to the contrary thereof in any wise notwithstanding.
V. Provided nevertheless, . . . That this act, or anything herein contained shall not take away, any rents certain, heriots or suits of court belonging or incident to any former tenure now taken away or altered by virtue of this act, or other services incident or belonging to tenure in common socage, due . . . to the King's Majesty, or mean lords, or other private person, or the fealty and distresses incident thereunto; and that such relief shall be paid in respect of such rents as is paid in case of a death of a tenant in common socage.
VI. Provided always, . . . That anything herein contained shall not take away . . . any fines for alienation due by particular customs of particular manners and places, other than fines for alienation of lands or tenements holden immediately of the King in capite.
VII. Provided also, . . . That this act, . . . shall not take away, . . . tenures in frank-almoign, or to subject them to any greater or other services than they now are; nor to alter or change any tenure by copy of court-roll, or any services incident thereunto; nor to take away the honorary services of grand serjeanty, other than of wardship, marriage, and value of forfeiture of marriage, escuage, voyages royal, and other changes incident to tenure by knights service; and other than aide pur faire fitz chivalier, and aide pur fille marier.
VIII. And be it further enacted. . . That where any person hath or shall have any child or children under the age of one and twenty years, and not married at the time of his death, that it shall be . . lawful to and for the father of such child or children, whether born at the time of the decease of the father, or at that time in ventre sa mere, or whether such father be within the age of one and twenty years, or of full age, by deed executed in his lifetime, or by his last will and testament in writing, in the presence of two or more credible witnesses, . . . to dispose of the custody and tuition of such child or children, for and during such time as he or they shall respectively remain under the age of one and twenty years,, . . to any person or persons in possession or remainder, other than popish recusants; and
that such disposition of the custody of such child or children, . . . shall be good and effectual against all and every person or persons claiming the custody and tuition of such child or children as guardian in socage or otherwise: And that such person or persons to whom the custody of such child or children hath been . . . devised as aforesaid, shall . . . maintain an action of ravishment of ward or trespass, against any person or persons which shall wrongfully take away or detain such child or children, for the recovery of such child or children; and shall and may recover damages for the same in the said action, for the use and benefit of such child or children.
(§§ IX., X., XI. deal with the lands of minors and all rights touching "titles of honours feudal.")
XII. And whereas by like experience it hath been found, That though divers, good, strict, and wholesome laws have been made in the times of sundry his Majesty's most noble progenitors, some extending so far as to life, for redress of the grievances and oppressions committed by persons employed for making provisions for the King's household, carriages, and other purveyance for his Majesty and his occasions; yet divers oppressions have been still continued, and several counties have submitted themselves to sundry rates and taxes and compositions, to redeem themselves from such vexations and oppressions: And for as much as the lords and commons assembled in parliament do find that the said remedies are not fully effectual, and that no other remedy will be so effectual and just, as to take away the occasion thereof, especially if satisfaction and recompense shall be therefore made to his Majesty, his heirs and successors, which is hereby provided to his Majesty's good-liking and content; his Majesty is therefore graciously pleased, That it may be enacted; . . . That from henceforth no sum or sums of money, or other thing, shall be taken, raised, taxed, rated, imposed, paid, or levied, for or in regard of any provision, carriages, or purveyance for his Majesty, his heirs or successors.
XIII. And that henceforth no person or persons by any warrant, commission, or authority, under the Great Seal or otherwise, by colour of buying or making provision or purveyance for his Majesty or any Queen of England for the time being, or of any the children of any king or queen of England for the time being, or that shall be, or for his, their, or any of their household, shall take any timber, fuel, cattle, corn, grain, malt, hay, straw, victual, cart, carriage, or other thing whatsoever, of any the subjects of his Majesty, his heirs or
successors, without the free and full consent of the owner or owners thereof had and obtained without menace or inforcement; nor shall summon, warn, take, use or require any of the said subjects, to furnish or find any horses, oxen, or other cattle, carts, ploughs, wains, or other carriages, for the use of his Majesty, his heirs or successors, or of any Queen of England, . . . for the carrying the goods of his Majesty, his heirs or successors, or the said Queens, or children, or any of them, without such full and free consent as aforesaid; any law, statute, custom, or usage to the contrary notwithstanding.
(§ XIV. forbids pre-emption claimed on behalf of the King, and awards Recompense to his Majesty for the court of wards and purveyances, as explained in the next section.)
XV. Be it therefore enacted . . . That there shall be paid unto the King's Majesty, his heirs and successors for ever hereafter, in recompense as aforesaid, the several rates, impositions, duties and charges hereinafter expressed. . .
(§§ XVI.-LII. give elaborate details for the levying of the excise, the articles excisable, the powers, duties, and status of the excise officers, and the penalties for evading the duties and the method of procedure in the courts. § XLVI. provides for a principal office of excise to be erected in London.)
(See Hallam, C.H. ii. 313; Ranke, H.E. iii. 365-380; Dowell, History of Taxation, ii. ch. 2; Cunningham, English Industry and Commerce, ii. 221.)
THE ACT AGAINST TUMULTUOUS
13 Charles II. St. I. Cap. 5, 1661.
An Act against tumults and disorders, upon pretence of preparing or presenting public petitions, or other addresses to his Majesty or the parliament.
Whereas it hath been found by sad experience, that tumultuous and other disorderly soliciting and procuring of hands by private persons to petitions, complaints, remonstrances and declarations, and other addresses to the King, or to both or either houses of parliament, for alteration of matters established by law, redress of pretended grievances in church or state, or other public concernments, have been
made use of to serve the ends of factious and seditious persons gotten into power, to the violation of the public peace, and have been a great means of the late unhappy wars, confusion and calamities in this nation; for preventing the like mischief for the future,
II. Be it enacted . . . That no person or persons whatsoever shall
and after the first of August, one thousand six hundred and sixty one, solicit labour or procure the getting of hands, or other consent of any persons above the number of twenty or more, to any petition, complaint, remonstrance, declaration, or other address to the King, or both or either houses of parliament, for alteration of matters established by law in church or state, unless the matter thereof have been first consented unto and ordered by three or more justices of that county, or by the major part of the grand jury of the county. . .
And that no person or persons whatsoever shall repair to his Majesty, or both or either of the houses of parliament, upon pretence of delivering or delivering any petition . . . accompanied with excessive number of people, nor at any one time with above the number of ten persons; upon pain of incurring a penalty not exceeding the sum of one hundred pounds in money, and three months imprisonment. . . Provided always, That this act, . . . shall not . . . extend to debar or hinder any person or persons, not exceeding the number of ten aforesaid, to prevent any public or private grievance or complaint to any member or members of parliament after his election or to the King's majesty, for any remedy to be thereupon had; nor to extend to any address whatsoever to his Majesty, by all or any of the members of both or either houses of parliament, during the sitting of parliament, but that they may enjoy their freedom of access to his Majesty, as heretofore hath been used.
(See May, P.P. ch. xx.; Hallam, C.H. ii. xi.; Anson, L.C. i. 343–348; Porritt, U.H.C. i. 574 et seq.)
RESOLUTION OF THE COMMONS IN 1669
(1) That it is an inherent right of every commoner in England to prepare and present Petitions to the House of Commons in case of grievances, and the House of Commons to receive the same.
(2) That it is an undoubted right and privilege of the Commons to judge and determine concerning the nature and matter of such petitions, how far they are fit or unfit to be received.
(See Parlt. Hist. iv. 432.)
(No better comment on these two resolutions and the Act cited above can be given than the treatment of "the Kentish Petition" of April 29, 1701. The Resolutions of the Commons are here given.)
RESOLUTIONS OF THE HOUSE OF COMMONS A Petition from several Gentlemen of the County of Kent being offered to the House;
Ordered, That the said Petition be brought up to the Table.
And the House being informed, That several of the Gentlemen, who signed the said Petition, were at the Door, ready to own the
They were called in accordingly; viz.
Mr. William Colepeper, Mr. Thomas Colepeper, Mr. David Polhill, Mr. Justinian Champneys, and Mr. William Hamilton:
And they, at the Bar, owned the same Petition, and their Hands to the same.
And then they withdrew.
And the Petition was read, intituled, The humble Petition of the Gentlemen, Justices of the Peace, Grand Jury, and other Freeholders, at the General Quarter Sessions of the Peace, holden at Maidston, in Kent, the 29th Day of April, in the 13th Year of the Reign of our Sovereign Lord King William the Third, over England, etc.; setting forth, That they, deeply concerned at the dangerous Estate of this Kingdom, and of all Europe; and considering, that the Fate of them, and their Posterity, depends on the Wisdom of their Representatives in Parliament; think themselves bound in Duty humbly to lay before this Honourable House the Consequence, in this Conjuncture, of a speedy Resolution, and most sincere Endeavour, to answer the great Trust reposed in their said Representatives by the Country: And in regard that, from the Experience of all Ages, it is manifest no Nation can be great or happy without Union, they hope no Pretence whatsoever shall be able to create a Misunderstanding among ourselves, or the least Distrust of his Majesty, whose great Actions for this Nation are writ in the Hearts of his Subjects, and can never, without the blackest Ingratitude, be forgot: And praying, that this House will have Regard to the Voice of the People; that our Religion and Safety may be effectually provided for; that the loyal Addresses of this House may be turned into Bills of Supply; and that His Majesty may be enabled powerfully to assist his Allies, before it is too late.
Resolved, That the said Petition is scandalous, insolent, and seditious; tending to destroy the Constitution of Parliaments, and to subvert the established Government of this Realm.