Page:Ruffhead - The Statutes at Large - vol 2.djvu/198

 6o C. 2, 3' Annovicefimo tertioHENRici VIII. A, D. 1531. CAP. 11. Viae 5 El. c. 24. For the making of Gaols within the Realm where none be, or where they be weak or feeble. Where and Ixp. 13 El. c. after what Manner Gaols (hall be made. The Juftices fhall tax the Inhabitants of the County for and to- 2 5- wards the building of the Gaol. Collectors for the gathering of the Money taxed, and their Authority. e'x P 7 ° 5 ' Shall appoint Two Surveyors to fee the Gaol builded. The Collectors and Surveyors Account, and their Punifhment if they do not. How the Overplus fnall be bellowed, the Gaol being finilhed. Corporate Towns which have Gaols within themfelves. The Collectors and Surveyors Allowance for their Pains. Felons fhall be imprifoned in the faitl common Gaol, which fhall be kept by the Sheriffs, and repaired by Allowance out of the Exchequer, A Provifo for them which have any Filiate in Gaols. Continued by 33 H. 8. c. 17. 37 H. 8. c. 23. 1 Mar.JeJf.z. c. 14. and further continued for Ten Years by 13 El. c. 25. CAP. III. An Act againft Perjury and untrue Verdidts. THE King our Sovereign Lord of his moll goodly and gracious Difpofition, calling to his Remem- brance how that Perjury in this Land is in manifold Caufes by unreafonable Means deteflably ufed, ' to the Difheritance, and great Damage of many and great Numbers of his Subjects well-difpofed, and to ' the moll high Difpleafure of Almighty God; the good Statutes againflall Officers having Return of Writs ' and their Deputies, making Panels partially for Rewards to them given, againft unlawful Maintainers, ' Embracers, and Jurors, and againft Jurors untruly giving their Verdict: notwithstanding ; for Reformation ' whereof, and forafmuch as the late noble King Henry the Seventh provided Remedy for the fame by a ' Statute made in the Eleventh Year of his Reign, which Statute is now expired:' II. Be it therefore now enacted by the King our Sovereign Lord, and the Lords Spiritual and Temporal, and the Commons, in this prefent Parliament aflembled, and by Authority of the fame, That upon every untrue Verdict hereafter given betwixt Party and Party, in any Suit, Plaint, or Demand, before any Ju- ftices, or Judges of Record where the Thing in Demand, and Verdict thereupon given, extendeth to the Value of xl.li. and concerneth not the Jeopardy of Man's Life, the Party grieved by the fame Verdict fhall have a Writ of Attaint againft every Perfon hereafter fo giving an untrue Verdict, and every of them, and againft the Party which fhall have Judgement upon the fame Verdict ; (2) and that in the fame Attaint there fhall be awarded againft the Petit Jury, the Party, and the Grand Jury, Summons, Refomons, and Diftrefs infinite, which Grand Jury fhall be of like Number as the Grand Jury is now in Attaint, and every' of them that fhall pafs in the fame, fhall have Lands and Tenements to the Value of Twenty Marks by the Year of Freehold, out of the ancient Demean ; (3) and upon the Diftrefs, which fhall be delivered of Re- cord upon the fame, open Proclamation to be made in the Court there; (4) the Diftrefs fhall be awarded more than Fifteen Days afore the Return of the faid Diftrefs, and every fuch Diftrefs fhall be made upon the Land of every of the faid Grand Jury, as in other Diftreffes is and hath been ufed ; (5) and if the faid Party Defendant, or the Petit Jurors, or any of them, appear not upon the Diftrefs, then the Grand Jury to be f taken againft them and every of them that fhall fo make Default ; (6) and if any of the faid Petit Jury ap- pear, then the Party Complainant in that Behalf fhall affign the falfe Serement of the firft Verdict untruly given, whereunto they of the Petit Jury fhall have no Anfwer, if they be the fame Perfons, and the Writ, Procefs, Return, and Alignment good and lawful, except that the Demandant or Plaintiff" in the fame At- taint hath afore been nonfuit, or difcontinued his Suit of Attaint taken for the fame, or hath for the fame Verdict, in a Writ of Attaint, had Judgement againft the faid Petit Jury, but only that they made true Serement, which IfTue fhall be tried by Twenty four of the faid Grand Jury ; (7) and the Party fhall plead that they gave true Verdict, or any other Matter which fhall be a fufficient Bar of the faid Attaint; (8) and that Plea notwithftanding, the Grand Jury to be taken without Delay, to enquire whether the firft Jury gave true Verdict or no. III. And if they find that the faid Petit Jury gave an untrue Verdict, then every of the faid Petit Jury to forfeit xx. II. whereof the One Half fhall be to the King our Sovereign Lord, and the other Half to the Party that fueth. IV. And over that, That every of the faid Petit Jury fhall feverally make Fine and Ranfom, by the Dif- cretion of the Juftices before whom the faid falfe Serement fhall be found, after their feveral Offences, De- faults, and Sufficiency of every of the faid Petit Jury; (2) and after that, thofe of the (kid Petit Jurv fo attainted fhall never after be in any Credence, nor their Oath accepted in any Court ; (3) and if fuch Plea as the Party pleadeth, which is a Bar of the faid Attaint, be found, or deemed againft him that fo pleadeth, then the Party that fo fueth, fhall have Judgement to be reftored to that he loft, with his reafonable Colls and Damages. V. Forefeen alway, That any Utlctre in Action or Caufe perfonal, or Excommengement pleaded or alledged in' the Party Plaintiff or Demandant, fhall be taken but as a void Plea, and to that he fhall not be put to anfwer ; (2) and that in all the aforefaid Piocefs fuch Day fhall be given as in a Writ of Dower, and none 4 Effoin 11 IT. 7. c. 21, 11 H. 7. c. 24. 3 Iiift. 164. Attaint where the Thing in De- mand extendeth to xl. 1. and concerneth not Man's Life. Dyer, f. 81. Co. Lit. 294. Cro. El. 350. -Moor 17. The Procefs in Attaint. Jurors in At- taint muft be worth Twenty Marks a Year. 15 H. 6. c. 5. See 37 H. S. c. 5. f. "3. for Ju- rors in Attaint ; and 4& 5 W..& M, c. 24. for Jurors in other Aftions. Diftrefs, when to be awarded. The Grand Jury awarded by De- fault. Pleas of the Pe- tit Jury in At- taint. Rart. pi. f. 92. Kcl. 55. Dyer 173. 14 H. 7. c. 5. Pleas of the De- fendant in At- taint. Forfeiture of the Petit Jury at- tainted. Dyer 250. IfthePleaofthe Party Defendant be found againft him . Raft, pla.f. 85. Outlawry or Ex- communication no Plea againft the Plaintiff in Attaint.