Page:Ruffhead - The Statutes at Large - vol 2.djvu/768

 jiS G. 12. Anno xliii Reginae Elizabeths. A.D. 1601. all the laid Commoners, their Heirs, Executors .or Affigns, and all others that fhall hereafter by reafon of any their Refiancy, claim any Common of Pafture in the find Waftes or Common Grounds whereof the Soil doth or fhall pertain to your Majefty, of and for all their Intereft or Claim of Common therein, to hold according to the true Intent and Effect of fuch Contract, Bargain, Affignment and Conveyances, by Writing indented, fealed and delivered by the moft Part of fuch Commoners, as fhall be made between the niofl Part of fuch Commoners and fuch Undertakers ; (3)but fhall not in any Sort be of any Effect or Validity againft your Highnefs, your Heirs, Succeffors or Affigns, or their Eftate or Eftates, in or to the Soil thereof, except fuch Conveyances be by Writing indented in Parchment, and one Part thereof under the Hands and The Queen s Seals of mod Part of the Commoners fo contracting the fame, certified into your Highnefs High Court of the Pi-ivvo" Chancery, if the Waftes or Soils fhall be of the Poffeffions of your Plighnefs Crown of England: (4) And Great Seal, and except your Majefty's Royal Confent be obtained thereunto, and fignified by and under your Highnefs inrolled in Privy Seal or Great Seal, and inrolled in your Highnefs faid Court of Chancery, and after fuch Aflent fo Chance y, had, fignified and inrolled, then the fame Contracts and Covenants fhall be good and available to all and every fuch Undertakers, their Heirs and Affigns, againft your Highnefs, your Heirs and Succefibrs, ac- cording to the Provifions, Agreements and Covenants fo affented unto by your Highnefs, your Heirs and The Qi c f^ e Succefibrs :. (5) And where they are of the Poffeffion of the Duchy of Lancnjhr, then the faid Contract, Waita, "being Bargain, Affignment, of or from your Highnefs, fhall not be of any Effect or Validity againft your High- Duchy Land, nefs, your Heirs, Succeffors and Affigns, except fuch Contract and Bargain touching the Premiffes, and fuch Affignment and letting forth of fuch Part to the faid Undertakers to hold in Severalty, be by Writing indented in Parchment, fealed and delivered by the faid Commoners or the moft Part of them, and the faid' Undertakers, and one Part thereof certified under the Hands and Seals of moft fart of the Commoners, in- to your Highnefs Court of the Duchy of Lancajier for the 1 ime being, and your Majefty's Royal Confent, under the Seal of the faid Duchy obtained thereunto, and there inrolled in that Court : (6) Which Confent Royal being obtained for the Soil of fuch Wafte, being of the Poffeffions of the Crown, and under the Seal of the faid Duchy, of your Highnefs Soil of fuch Waftes as are of thofe Pofleffions, the faid Undsrtakers, and their Heirs and Affigns, foall and may enjoy in Severalty the Soil of fo much Wafte and Common as was fo contracted for, affigned and fet forth by the moft Part -of your Highnefs Commoners, in fuch Sort and Quality as the faid Undertakers fhall hold and enjoy the Intereft of Common, to all Intents and Pur- pofes. 1^. Provided always, and be it enacted, That this Act, nor any Thing therein contained, fhall not ex- tend to the impairing, diminifhing, letting, taking away or extinguishing of the Intereft' of the Com- moners or any of them, or of the Lords or Owners of the Soil, of, in or to any Part of the Refidue of the Waftes or Commons, which is not or fhall not be fo fet forth or affigned to the Undertakers : (2) Nor to any Franchifes or Liberties, or Waif, Stray, Leet, Lawday, nor other Liberties to be ufed or taken in the j^™" 6 Part fo to the faid Undertakers affigned ; (3) but that as well the Commoners, and Lords and Owners of- that Soil, fhall and may enjoy their Commons'in the Refidue thereof, and the Queen's Majefty, her Heirs and Succeffors, and the Lords and Owners fhall and may have and enjoy fuch Liberties and Iranchifes in fuch their Part as heretofore was lawfully ufed, and as they or any of tnem fhould or might have done, if this Act or fuch Contract, Bargain and Affignment had never been; any Thing in this Statute contained to the contrary notwithstanding. Not prejudicial V. Provided always, and be it enacted, That this Act, nor any Thing therein contained, fnall not extend to the Ports or either to any Bargain, Sale, Agreement, Grant, Conveyance or Afiurance, or to the Inning, Draining or laying dry of any Commons, Marfhes or furrounded Grounds, whereby or by Means whereof any of the Havens or Ports of this Realm of England may be in any Sort annoyed, impaired or hindred ; nor to any Grounds within eight Miles of Yarmouth, or fix Miles of Lyn within the Coun y of Norfolk. 4 Jac. I Saund. 346. 1, c. 8. CAP. XII. An Act concerning Matters of Affurances ufed among Merchants. < The Benefits en- '1T7HEREAS it ever hath been the Policy of this Realm by all good Means to comfort and encou- fuing by the ' W rao-e theMerchant, thereby to advance and increafe the general Wealth of the Re dm, her Majefty's Encouragement < Cuftoms, and the Strength of Shipping; which Confideration is now the more requisite, becaufe Trade and j^ jgjf s ' ' Traffick is not at this prefent fo open as at other Times it hath been : (2) And whereas it hath been Time Style 166?' ' out of Mind an Ufage amongft .Merchants, both of this Realm and of foreign Nations, when they make ' any great Adventure, (efpecially into-remote Parts J to give fome Confideration of Money to other Perfons ' (which commonly are in no Small Number) to have from them APfurance made of their Goods, Merchan- ' dizes, Ships and Things adventured, or fome Part thereof, at fuch R.ates and in fuch Sort as the Parties ' Affurers and the Parties Affured can agree, which Courfe of Dealing is commonly termed A Policy of A-Policy of Af- ' Affurance ; (3) by Means of which Policies of Affarance it cometh to pafs, upon the Lofs or perifhing of iWance, and the ' an y Ship, there followeth not the undoing of any Man, but the Lofs lighteth rather eafily upon many than Benefit coming c h eav ;iy U p 0n few, and rather upon them that adventure not than thofe that do adventure, whereby all thereby. < Merchants', efpecially of the younger Sort, are allured to venture more willingly and more freely : (4) And ' whereas heretofore fuch Affurers have ufed to ftand fo juftly and precifely upon their Credits, as few or ' no Controversies have aiifen thereupon, and if any .have grown, the fame have from Time to Time been. 2 ' ended This Statute fhall. extend but to lb much Comr non as fhall be con- tract
 * d for.

This Affignmen! fhall hinder no Man' s Liberty.