Page:Ruffhead - The Statutes at Large - vol 2.djvu/138

 ioo C. 9, io. Anno declmo nono Henrici VII. A. D. 150; No Scavage or Shewage mall be paid for Mercbandife The Penalty for difturbing any Perlbn to fell his Merchandife for Nonpayment of Scavage. Scavage to be taken by the Mayor and Sheriffs of Lon. don. of the Lords Spiritual and Temporal, and the Commons, in this prefent Parliament afTembled, and by- Authority of the fame, That if any Mayor, Sheriff, Bailiff, or other Officer in any City, Borough, or' Town within this Realm, diftrain, take, or levy any Cuftom called Scavage, otherwife called Shewage, of any Merchant Denizen, or of any other of the King's Subjects Denizens, of or for any Manner of Mer- chandife to our Sovereign Lord the King before truly cuftomed, that is brought or conveyed by Land or by Water, to be uttered and fold in any City, Borough, or Town in this Land ; or if that any Mayor, Sheriff, Bailiff, or other Officer in any City, Borough, or Town, for Nonpayment of the faid Scavage, let or difturb any Merchant, or any other Perfon or Perfons, being Denizens, to fell and utter their Mer- chandife by them brought into any City, Borough, and Town, that then every Mayor, Sheriff, Bailiff, or other Officer diftraining, levying, or taking any fuch Scavage, or otherwife offending in any Thing- con- trary to this prefent Aft, fhall forfeit for every Time he fo offendeth, xx. li, the one Moiety thereof to our Sovereign Lord the King, and the other Moiety thereof to the Party in that Behalf grieved,, or to any other that nrft fueth in that Party by Aftion of Debt in any Shire within this Realm to be fued, (3) and that: the Defendants in any fuch Aftion be not admitted to wage or do their Law, nor any Proteftion ne Effoin for any fuch Defendants be allowed in the fame. (4) Provided alway, That the Mayor,. Sheriffs, and Commonalty of the City of London, and every of them, ihall have and take all fuch Sums of Money for the faid Scavage, and of every Perfon Denizen, as by our Sovereign Lord the King, and his honourable Coun- cil fhall be determined to be the Right and Title of the Mayor, Sheriffs, and Commonalty of the faid City of London, or any of them, this Aft: in any wife notwithftanding. What Procefs fhall be awarded- in Aftions upon- the Cafe fued in the King's Bench, or Com- mon Bench. T5ro. Exigent;, 29. I Sid. 148, 159, 260, ■ The Sheriffs fhall have the keeping of the common Gaols, and the Fvifon- crs therein. 74 Ed. 3. ftat. 1, Several Penal- ties for the ne- gligent Efcape of feveral Sorts of Offenders. Exp. CAP. IX. Procefs in Actions upon the Cafe fued in the King's Bench and Common Pleas. ' Y?Orafmuch as before this Time there hath been great Delays in Aftions of the Cafe, that hath beea ' Jj fued as well before the King in his Bench, as in his Court of his Common Bench, becaufe of which 6 Delays many Perfons have been put from their Remedy :' (z) Be it therefore ordained,, enafted, and eftablifhed by the King our Sovereign Lord, by the Advice and Affent of the Lords Spiritual and Temr poral, and the Commons, in this prefent Parliament affembled, and by Authority of the fame, That like Procefs be had hereafter in Aftions upon the Cafe, as well fued and hanging,, as to be fued,, in any of the faid Courts, as in Aftions of Trefpafs or Debt.. CAP. X, Sheriffs. BE it ordained, eftablifhed, and enafted by the King our Sovereign Lordj by the Advice and Affent of his Lords Spiritual and Temporal, and the Commons, in this prefent Parliament affembled, and by Authority of the fame, That every Sheriff within every County within this Realm of England have the Cuftody, Rule, Keeping, and Charge, from the Shiindecim Pafcbe next coming, of every of the.Eing's common Gaols, Prifons, and Prifoners in the. fame, in every of the faid Counties where he is Sheriff,. during the Time of his Office, except all Gaols whereof any Perfon or Perfons Spiritual or Temporal, or Body Corporate, have the keeping of Eftate. of Inheritance, or by Succeffion ; (2) and from the fame Shdndecim of Pafcbe next coming, that all Letters Patents made to any Perfon or Perfons for Term -of Life or Lives, or for Term of Years, of the keeping of the faid Gaols, and of. any Conftablefhip of any Caftle, wherein any fuch common Gaol is, by the King our Sovereign Lord, or any other Kings of this Land^ and every Thing in the faid Letters Patents contained, be from henceforth, repealed, adnulled, void, and of no Force ne Effeft in the Law : (3) And that every fuch Sheriff, from the faid Shiindecim of Pafcbe, be charged and chargeable with the faid Gaols, Prifons, and the Prifoners remaining, in the fame. ' (4.) And ' over that, where divers and many Perfons, for Treafon, Murder, Robberies, and other Felonies, before: ' this Time have been taken, fome for Sufpeftion of the fame Deeds, and fome upon Indiftments, and c thereupon brought unto the fame Gaols and Prifons, and fometime remained in the keeping of the Per- ' oftentimes for Favour, Mede, Affeftion, or Corruption, fuffered the faid Offenders to efcape, a3«if k ' had been by Negligence, to the overt and exprefs Impediment of Juftice, and Execution of the King's ' Laws ordered for the Punifhment of fuch Offenders ; (5) and when fuch Efcapes have been found before 1 the Juftices having Authority to inquire thereof, and thereupon the Parties convifted,. or elfe yielded ' themfelves to make Fine for the fame, fmall Fines have been ufed to be fet in thofe Caufes, to the little ' Dread and Fear, and great emboldening of the faid Offenders and Mifdoers ; by Mean. whereof great and ' merits :' (6) Be it therefore enafted, ordained, and eftablifhed by the faid Authority of this prefent Par- liament, That for every negligent Efcape hereafter from any Sheriff, having the keeping of any Gaol, or from any Conftable of Caftle, or other, being Keeper of any Gaols where fuch Prifoners accuftomably have been and fhall be kept, of Perfons indifted of High Treafon, being in their keeping, that no lefs Fine be fet or made for every fuch Efcape, than C. Mark, and more, by the Difcretion of the Juftices that fhall affefs fuch Fines ; (7) and for every Perfon efcaping, being in their keeping for Sufpeftion of High Trea- fon, no lefs Fine to be fet ne made than xl. li. (8) and for every Efcape of Perfons indifted, of Murder or Petit Treafon, xx, li. at the leaft, and more, by the Difcretion of the Juftices that fhall affefs fuch Fines ; (9) and
 * fons that fo arrefted them for the faid Caufes, and by Colour of Negligence, fuhtilly and craftily* and
 * errant Felons, and hainous Murderers, oftentimes have by Negligence efcaped, fo that neither they, nor
 * the Keepers of them from whom they efcaped, hitherto have not been punifhed according to their De-.