Page:Ruffhead - The Statutes at Large - vol 2.djvu/106

 68 C. i. Anno tertio Henrici VII. A. D. 14S6, 3 In!t, 164. The Authority of the Court of Slar-Chambcr, Repealed by 16 Car, i. c, 1O1 An Inqueft charged to in- quire of the Concealment of another Inqueft. The Csii fes why Murders be com- mitted. $ Ed. 1. flat. 2. Dc officio Cm- r.atorts. A Coroner (hall execute bisOffice according 10 the A Murderer in- difted (liail he prefently ar- raigned at the King's Suit. 3 Inft. 137,215. A Murderer in- difted and ac- quitted, (hall HOE be let at Liberty. 3 Mod. 156. » Salk. 63. Kelyng25. Appeal againft him that was ar- raigned of Mur- iicr. Within what CAP. I. The Authority of the Court of Star Chamber. Where one Tnqueft fhall inquire- of the Con- cealment of another. A Coroner's Duty after a Murder committed. A Juftice of Peace mall certify his Recognifances, isc. ' f7 IRST, The King our faid Sovereign Lord remembereth, how by unlawful Maintenances, giving of ' JP Liveries, Signs, and Tokens, and Retainders by Indentures, Promifes, Oaths, Writings, or other - ' wife Embraceries of his Subjects, untrue Demeanings of Sheriffs in making of Panels, and other untrue ' Returns, by taking of Money, by Juries, by great Riots, and unlawful AiTembTies, the Policy and good Rule ' of this Realm is almoft fubdued, (2) and for the not punifhingof thefe Inconveniencies, and by Occaiion of ' the Premifles, tittle or nothing may be found by Inquiry, whereby the Laws of this Land in Execution ' may take little Effefi, to the Increafe of Murders, Robberies, Perjuries, and Unfureties of all Men living, ' and Loffes of their Lands and Goods, to the great Difpleafure of Almighty God :' (3) Therefore it is or- dained, for Preformation of the Premifles, by Authority of the faid Parliament, That the Chancellor and Treafurer of England for the time being, and Keeper of the King's Privy Seal, or Two of them, calling to them a Bifhop, and a Temporal Lord of the King's moil: honourable Council, and the Two Chief Juftices of the King's Bench, and Common Place, for the time being, or other Two Juftices in their Abfence, upon Bill or Information put to the faid Chancellor for the King, or any other, againft any Perfon for any Mif- behaviour afore rehearfed, have Authority to call before them by Writ, or by Privy Seal, the faid Mif-doers, and them, and other by their Difcretion, by whom the Truth may be known, to examine, and fuch as they find therein defective, to punifh them after their Demerits, after the Form and Effect of Statutes thereof made, in like Manner and Form as they fhould and ought to be punifhed, as if they were thereof convict after the due Order of the Law. (4) And over that it is ordained by the Authority aforefaid, That the Juftices of the Peace of every Shire of this Realm for the time being may take by their Difcretion an Inqueft, whereof every Man fhall have Lands and Tenements to the. yearly Value of Forty Shillings at the leaft, to inquire of the Concealments of other Inquefts taken afore them, and afore other, of fuch Matters and Of- fences as are to be inquired and prefented afore Juftices of Peace, whereof Complaint fhall be made by Bill or by Bills, as well within Franchife as without. (5) And if any fuch Concealment be found of any In- queft, as is afore rehearfed, had or made within the Year afore the fame Concealment, every Perfon of the fame Inqueft to be amerced for the fame Concealments, by Difcretion of the fame Juftices of the Peace, the faid Amtrciaments to be feffed in plain Seffions. ' (6) Item, The King remembering how Murders and flaying of his Subjects daily do increafe in this Land, ' the Occafions whereof be divers ; one, That Men in Towns where fuch Murders hap to fall and be done, ' will not attach the Murderer, where the Law of the Land is, That if any Man be flain in the Day, and f. the Felon not taken, the Townfhip where the Death or Murder is done, fhall be amerced ; (7) and if any ' Man be wounded in Peril of Death, the Party tha,t fo wounded fhould be arrefted, and put in Surety, till ' perfect Knowledge be had, whether he fo hurt fhould live or die: (8) And the Coroner upon the View of ' the Body dead, mould inquire of him or them that had done that Death or Murder, of their Abettors ' and Confenters, and who were prefent when the Death or Murder was done, whether Man or Woman, ' (9) and the Names of them that were prefent, and fo found, to inrcl and certify; (10) which Law by ' Negligence is difufed, and thereby great Boldnefs is given to Slayers and Murderers ; (n). and over this it is ' ufed, that within the Year and a Day after any Death or Murder had or done, the Felony fhould not be de- ' termined at the King's Suit, for faving of the Party's Suit, wherein the Party is oftentimes flow, and alfo ' agreed with, and by the End of the Year all is forgotten, which is another Occafion of Murder. (12) c And alfo he that will (be any Appeal, muft fue in proper Perfon, which Suit is long and coftly, that it ' maketh the Party Appellant weary to fue.' (1-5) For Reformation of the Premifles, the King our Sove- reign Lord, by the Aflent of the Lords Spiritual and Temporal, and the Commons, in the faid Parliament afTembled, and by Authority of the fame, will that every Coroner exercife and do his Office according to the Law, as is afore rehearfed ; (14) and that if any Man be flain or murdered, and thereof the Skyers, Murderers, Abetters, Maintainers, and Comforters of the fame, be indicted, that the fame Slayers and' Murderers, and all other Acceffaries of the fame, be arraigned and determined of the fame Felony and Murder, at any Time, at the King's Suit, within the Year after the fame Felony and Murder done, aad not tarry the Year and Day for any Appeal to be taken for the fame Felony or Murder; (1 and if it happen any Perfon named as Principal or Acceffary, to be acquitted of any fuch Murder at the King's Suit,- within the Year and Day, that then the fame Juftices afore whom he is acquitted, fhall not fufrer him to go at large, but either to remit him again to the Prifon, or elfe to let him to Bail, after their Difcretion, till that Year and Day be paffed ; (16) and if it fortune the fame Felons or Murderers, and Acceffaries fo arraigned, or any of them, to be acquit, or the Principal of the faid Felony, or any of them, to be attainted, the Wife, or next Heir to him fo flain, as fhall require, may take and have their Appeal of the fame Death and Murder within the Year and Day after the fame Felony and Murder done, againft the faid Perfons fo ar- raigned and acquit, and all other their Acceffaries, or againft the Acceffaries of the faid Principal, or any of them fo attainted, or againft the faid Principals fo attainted, if they be on live, and the Benefit of his Clergy thereof before not had : (17! And that the Appellant have fuch and like Advantage,, as if the faid Acquitai or Attainder had not been, the faid Acquitai or Attainder notwithstanding; ,'iS and over that the Wife, or Keir of the faid Perfon fo flain or murdered, as the Cafe fhall require, may commence their Appeal in pro- per Perfon, at any Time within the Year after die faid Felony done, before the Sheriff and Coroners of the 4 County