Page:Ruffhead - The Statutes at Large - vol 2.djvu/208

 170 C. 9. Anno vicefimo tertio Henrici VIII. A. D. 15 31. cording 10 this cording to this Eftatute, againft fuch Perfon or Perfons as fhall ofFend contrary to the Form aforefaid, that Statute, then a |i f ucn Suits, Accufements, Indiftments, Imprifonments, Aftions, Condemnations, Fines, Amer- ciaments, and every other Aft or Afts to be done in any of the faid Courts of Stannary, or elfewhere, by any Perfon or Perfons, againft any Perfon or Perfons, for fuing, or attempting any Suits or Aftions by virtue of this Eftatute, {hail he utterly void and of none Effeft in the Law; (2) and that the Parties fued, indifted, accufed, imprifoned, or otherwife grieved or molefted, for purfuing againft any Perfon or Perfons offending this Eftatute, fhall have his Aftion and Remedy grounded upon this Eftatute by original Writ, Bill, Plaint, Information, or otherwife, in any of the King's Courts, againft fuch as fhall procure or at- tempt to vex, trouble, or otherwife moleft any fuch Perfon or Perfons for fuing or purfuing for the P'or- feitures aforefaid, and fhall recover treble Damages in that Behalf; and the Party Defendant fhall not be The Forfeiture admitted to wage his Law, ne any Protection, Efibin, or Privilege fhall be to him allowable; (3) and if of the Offender, it fhall happen any Perfon or Perfons for purfuing any Suit or Aftion upon this Eftatute, or by Occafion and the Mean to f. the f am e, hereafter to be imprifoned by any Manner of Perfon or Perfons, being Officers or Minifters of the Stannary, their Deputies, or Subftitutes, that then every of the Juftices of Peace within any of the Counties aforefaid, wherein the faid Prifoner fhall happen to be committed to Prifon, upon credible Infor- mation thereof, taking Surety by his Difcretion, for Appearance of fuch Prifoner at the next General Sef- ftons of Peace, {hall have Power and Authority, as well to direct his Warrant to the Gaoler, or Keeper of the Prifon, as to any other Perfon or Perfons to whom the faid Prifoner fhall be committed unto, com- manding him or them, upon Pain of Forfeiture of xl. li. to deliver, and put at large the faid Prifoner or Prifoners; (4) which if he refufe fo to do, then every fuch Offender fhall lofe and forfeit the faid xl. li. the One Half of which Forfeiture to be to the Ufe of our Sovereign Lord the King, and the other Half to- him that is grieved by reafon of fuch Imprifonment, to be recovered in Manner and Form aforefaid; (5) and the Defendant, in any Action or Suit for the fame, fhall not wage his Law, ne have any Efibin or Protection allowed; (6) and if it fhall appear, upon the Appearance of fuch Prifoner at the Quarter Sef- fions, by Examination of the Juftices of Peace there being, that he was imprifoned contrary to the Form of this Eftatute, that then he fhall be forthwith difmiffed, and thereby difcharged; and if he were lawfully imprifoned for any other juft Caufe, then to be remanded to Prifon by the Difcretion of the faid Juftices. This A& fhall III. Provided alway, That this Aft, or any Thing therein contained, be not in any wife prejudicial or not be prejudi- hurtful to any of the Officers of the Stannary, ne to any of their lawful Liberties, Privileges, Ufages, Laws, rial to the. of - or Cuftoms, faving only in the Cafes and Provifions contained and limited within this prefent Aft, which ties of°theStari- ^ a ^ a ' wa y ^ e P ut m Execution according to the Tenor of this Aft; any Ufage, Cuftom, Privilege, Or- naries, dinance, or Liberty to the contrary thereof notwithftanding. IV. And it is enafted, That this Aft fhall begin to take EfFeft from the Feafl: of St. Michael the Arch- angel next coining, and not before. CAP. IX. An Act that no Perfon fhall be cited out of the Diocefs where he or fhe dwelleth, except in certain Cafes. Hob. 17, 178, ' T7Here great Number of the King's Subjefts, as well Men, Wives, Servants, as other the King's- J 8<5. ' W Subjefts, dwelling in divers Diocefes of this Realm of England, and of Wales, heretofore have ' been at many Times called by Citations, and other Proceffes compulfary, to appear in the Arches Au- ' dience, and other high Courts of the Archbifhops of this Realm, far from, and out of the Diocefe where ' fuch Men, Wives, Servants, and other the King's Subjefts been inhabitant and dwelling, (2) and many ' Times to anfwer to furmifed and feigned Caufes, and Suits of Defamation, withholding of Tithes, and ' fuch other like Caufes and Matters, which have been fued more for Malice, and for Vexation, than for ' II. And where Certificate hath been made by the Summoner, Apparator, or any fuch light literate 1 Bfilft. 72. ' and thereupon the fame Party, fo certified to be cited or fummoned, hath not appeared according to the h° l^toa^ ' Certificate, the fame Party therefore hath been excommunicated, or at the leaft fufpended from all Di- th«D1ocefe° * v ' ne Service; ( 2 ) ancl thereupon, before that he or fhe could be abfolved, hath been compelled, not only where he dwell-,.' t0 P a Y the Fees of the Court whereunto he or fhe was fo called by Citation, or other Procefs, amounting eth, but in cer- ' to the Sum of ii. s. or xx. d. at the leaft; but alfo to pay to the Summoner, Apparator, or other light am Cafes. ' literate Perfon, by whom he or fhe was fo certified to be fummoned, for every Mile being diftant from the ^Mod Z lV 6 ' ' Place where. he or ftle then dwelled, unto the fame Court whereunto he or fhe was fo cited or fummoned I Salk! 548* ' to a PP ear ->. "• d- t° the great Charge and Impoverishment of the King's Subjefts, and to the great Occa- Co. pi. f. 364, ' fi°. n °f Mifbehaviour and mifliving of Wives, Women, and Servants, and to the great Impairment and 448. ' Diminution of their good Names and Honefties :' (3) Be it therefore enafted by the King our Sovereign Latch 1-4, Lord, with the Afient of the Lords Spiritual and Temporal, and the Commons, in this prefent Parliament »* Co' V' affembled, and by Authority of the fame, That no Manner Perfon fhall be from henceforth cited or fum- Ketkyig, nS. m oned, or otherwife called to appear by htmfelf, or herfelf, or by any Procurator, before any Ordinary* Palmer 488. ' Archdeacon, Commiflary, Official, or any other Judge Spiritual, out of the Diocefe, or peculiar Jurifdic- Godbolt 214, tion where the Perfon which fhall be cited, fummoned, or otherwife (as is aforefaid) called, fhall be in- ?!• 3°<>- habiting and dwelling, at the Time of awarding, or going forth of the fame Citation or Summons; (4) ro. , jac. 311, excep t that it fhall be for, in, or upon any of the Cafes-or Caufes hereafter written; that is to fay, for any do! Car. 97, Spiritual Offence, or Caufe committed or done, or omitted, a forflewed, or neglefted to be done, contrary 339. to Right or Duty, by the Bifhop, Archdeacon, Commiffary, Official, or other Perfons having Spiritual » From the verb Juriftliftion, or being a Spiritual Judge, or by any other Perfon or Perfons within the Diocefe, or other , fa ' t0 Jurifdiftion, whereunto he or fhe fhall be cited, or otherwife lawfully called to appearand anfwer..
 * any juft Caufe of Suit.
 * Perfon, that the Party againft whom any fuch Citation hath been awarded, hath been cited or fummoned,