236 C. 2i— 23. Anno vicefirno feptimo Henri ci VIII. A. D. 1535, to obey the Or- to attach or cau'fe to be attached, the Perfon or Perfons againft whom fuch Information or Requeft fliall be (u^ry'sHin. mac ] e , (6) and to commit the fame Perfon or Perfons to Ward, there* to remain without Bail and Ma a- prize, till that he or they fliall have found fufHcient Surety, to be bound by Recognizance or otherwif; be- fore the King's faid Councellor, or Juftice of Peace, or any other like Councellor, or Juftice of Peace, to the Ufe of our faid Sovereign Lord the King, to give due Obedience to the ProcefTes, Proceedings, De- crees and Sentences of the Ecclefiaftical Court of this Realm, wherein fuch Suitor Matter for the PremifTes fliall depend or be. (7)' And that every of the King's faid Councellors, or two Juftices of the Peace whereof the one to be of the ghiorum, as is afore faid, fliall have full Power and Authority, by Virtue of this Aft, to take, receive, and record Recognizances and Obligations in any of the Caufes above written. II. Provided alway, That this Aft, or any Thing therein contained, fliall not extend to any Inhabitant of the City of London, for or concerning any manner of Tithe, Offering, or other Ecclefiaftical Duty K frown and due, to be paid or yielden within the fame City, becaufe there is another Order made for the 'ayment of Tithes and other Duties within the faid City. III. Provided alfo, That every Perfon and Perfons, being Party or Parties to any fuch Suit, fliall and may make and have his and their lawful Action, Demand or Profecution, Appeals, Prohibitions, and all other their lawful Defences and Remedies in every fuch Suit, according to the faid Ecclefiaftical Laws, and Laws and Statutes of this Realm, in as ample and liberal Manner and Eorm as they or any of them might have had, if this Aft had never been made ; any Thing in this Aft above written notwithstanding. IV.. Provided always, and be it enafted by Authority aforefaid, That this Aft for recovering of Tithes, ne any Thing therein contained, fliall take Force and Effeft but only until fuch Time as the King's High- nefs, and fuch Other xxxii. Perfons which his Highnefs fliall name and appoint for the making and eftabliih- ing of fuch Laws as his Highnefs fliall affirm and ratify, to be called the Ecclefiaftical Laws of the Church of England; (2) and after the faid Laws fo ratified and confirmed as is afore faid, that then the faid Tithes Tartber provided 10 ^ e P a '^ to evel 7 Ecclefiaftical Perfon according to fuch Laws, and none otherwife. for by 32 H.8. c. 7. 37 H. 8. c. 13. zafef 23 Car. a. c. 15. 1 &% W. 3. c. 6. andii & 12.W. 3. c. 16. which is made ferfitual by 1 Get. z.Jlat, 1, (. 26. 'feci. 2. C A P. XXL An Aft for the Payment of Tithes within the City and Suburbs of London, until another Law and Order fhall be made and published for the fame. CAP. XXII. The King fliall have the Moiety of the Profits of thofe Lands already converted from Tillage to Pafture fithence three Years before Ann. 4 H. 7. until the Owner hath builded up a convenient Houfe to inhabit, and converted the fame Pafture to Tillage again ; and alfo fliall take the Moiety of the Iffues of thofe Land? hereafter to be converted, if the immediate Lord do it not within one Year. C A P. XXIII. For the Prefervation of the Havens in Devon and CornwaU 'HERE by a Statute made in this prefent Parliament, for and concerning the amending and Main- tenance of the Havens and Ports of Plymouth, Dartmouth, Tinmo?ith, Falmouth and Fowey, in the Counties of Devonjhire and Cornwal, among other Things it was ordained and enafted, That no Perfon or Perfons from and after the Feaft of St. Michael the Archangel, which was in the twenty-fourth Year of the Reign of the King's Highnefs that now is, fliould labour or work, or caufe to be laboured or wrought in any manner of Tin Works, called Streme Works within the faid Counties of Devon or Cornwal, nigh to any of the frefli Waters, Rivers or low Places, defcending or having Courfe unto the faid Havens or Ports, or any of them, nor fliould labour, dig or wafli any Tin in any of the faid Tin Works called Streme Works, unlefs the faid Digger, Owner or Waflier fliould make, or caufe to be made, fufficient Hatches and Tyes in the End of their Buddies and Cords, and therein put and lay, or caufe to be put and laid, all the faid Stones, Gravel and Robel, digged about the enfearching, finding and wafliing of the faid Tin, there to be wholly and furely kept by the faid Hatches and Tyes, out and from the faid frefli Rivers or Water Courfes, or any of them, fo that the faid Stones, Gravel and Robel, ne any Part thereof, be, , for lack of fuch Hatches or Tyes, conveyed into the faid Ports and Havens, or any of them, (2 J upon 1 Pain to forfeit for every Time that any Owner or Digger fliould dig or wafli, or caufe to be digged or wafhed, any Tin contrary to the Form aforelaid, x. li. the one Half thereof to be to the Ufe of our Sovereign Lord the King, and the other Half thereof to be to any of the Inhabitants of the faid Port Towns or Havens that would fue for the fame in any of the King's Courts, by original Writ, Bill, Plaint, Informa- tion or otherwife, wherein the Defendant fliould not be admitted to wage his Law, ne any Protection or Effoin fliould be allowable, as in the faid Aft among other Things more plainly is expreffed and de- clared.
- II. And becaufe 'fith the making of the fakl Statute, the Inhabitants of the faid Port Towns or Havens,
having little Regard, Refpeft, Love or Affection to the amending and Maintenance of the fame Towns and Havens, nor to their Pofterity, as they been naturally bounden and obliged, have permitted and fuf- fered the faid Owners and Diggers to perfevere and continue in digging, fearching and wafhing of Tin nigh the faid frefh Waters, Rivers or low Places, not making fufficient Hatches and Tyes as by the faid Sta- tute is provided and ordained, without any manner of Suit commenced or purfued byihe faid Inhabitants, according to the Tenor of the faid Aft 5 to the great Animation and Encouragement of the Offenders, and This Aft (hall not extend to the Citizens of London. Every Perfon thall have his Demand and Defence accord- ing to the Laws Ecclefiaftical. Bwn j <vol. 2. 498- 25 H. S. c. 19. 13 Car. 2. flat. i.e. iz. §. 5, f.XP. 37 H. REP. 39 El. c. 1. & 21 Jac. i, c. 28. 4 H. 7. c. 19. 7H.8.C. 1. ■5 & 6 Ed. 6. c. 5, 5 El. c. 2. ■A Rehearfal of the Statute of 23 H. 8. c.8. made for the Prefervation of Ports and Ha- vens in Corn- wall and Devon. &ire.
- 3 H. 8, c. 8.
