Page:Ruffhead - The Statutes at Large - vol 2.djvu/210

 172 C. 11. Anno vicefimo tertio Hen rici VIII. A. D. 15 31. Pels, &c. (Hall Ufcs, Intents, and Purpofes, of what Name, Nature, or Quality they fhall be called, that fhall be devifed, fee void. covenanted, made, declared, or in any wife ordained, after the Firft. Day of March, in the Three and Cro. El. 2S8. twen t;ieth Year of the Reign of our Sovereign Lord King Henry the Eighth, by any Feoffee, Recoverer, 11 °' 71 ' or Conifee, or by any other Perfon or Perfons to whofe Ufe any fuch Feoffee, Recoverer, or Conifee fhall be feifed, of any Manors, Lands, Tenements, or Hereditaments, or of the Iffues, Revenues, and Profits of them, or any of them, fhall be utterly void, and of no Strength, Virtue, nor Effect in the Law. Provifo for Af- III. Provided alway, That it fhall be lawful to every Perfon, being feifed of any Manors, Lands, Te- Curances of Lands nements, or Hereditaments, to his own proper Ufe, or having Feoffees, Recoverers, or Conifees to his to Churches, &c. jjf to make, ordain, or devife, or caufe to be made, ordained, or devifed, any of the Ufes, Intents, or or xx. c,rs. p ur p f es a bove fpecified, in fuch Manner as they might have done before the making of this Aft, and as if this Aft had never been had ne made; (z) fo that no fuch Ufes, Intents, or Purpofes to be fo made, ordained, or devifed after the faid Firft Day of March, be not in any wife made, ordained, devifed, or appointed, to endure, continue, or abide by any Craft, Colour, Terms, Sentences, Claufes, Words, or other Means, above the Term of Twenty Years next after the firft making and beginning of any fuch Ufes, Intents, or ' Purpofes. Collateral Af. IV. And it is further enafted, That if any Perfon or Perfons, in Defraud of this Statute, bind or ordain furances inde- any their Heirs or Succeffors, or any other Perfon or Perfons, that they fhall fuffer fuch Ufes, Intents, and frauding of the p ur p f es t endure and continue, contrary to this Aft, upon Pains or Penalties of Loffes of any other Lands, void Ute De Tenements, or Hereditaments, or of any other Thing or Things; or do attempt or devife by any Colour, Craft, or Means, any Thing or Things, to make any fuch Ufes, Intents, or Purpofes to be declared, con- trary to the true Meaning of this Aft, to continue or abide for any longer Time or Seafon than is above li- mited for the fame; that then every fuch Pain, Penalty, Craft, Colour, and every other Thing and Things, of what Kind, Nature, or Quality foever it be that fhall be fo made, ordained, or devifed in Defraud of this Aft, fhall be utterly void in the Law to all Intents; and that this Statute fhall be always interpreted and expounded, as beneficially as may be, to the Deftruftion and utter avoiding of fuch Ufes, Intents, and Purpofes therein above remembred, and of all other like Ufes and IntentSi otherwife than only after fuch Manner as is afore by this prefent Aft provided. C'lflcms of Ci- V. Provided alway, That in fuch Cities, and Towns Corporate, where by their ancient Cuftoms they ties and Towns have good and lawful Authorities to devife into Mortmain the Lands, Tenements, and Hereditaments,, to devife Lands, -within the fame Cities or Towns Corporate, that this Aft fhall not be in any wife prejudicial or hurtful to ave .' any fuch Cuftom. Proyifo for the yj_ p rov jd ec ] alway, That this Aft, ne any Thing therein contained, fhall extend, or be in any wife Exlciitors of S prejudicial, to hinder or impair any fuch Ordinances, Devices, or Declarations of Ufes, as fhall hereafter Jannis and Ter- be made and declared in Writing, by the Executors of the Teftaments and laft Wills of Robert Jannis and >y of the City of JohnTerry, late Aldermen of the City of Norwich, now deceafed, or by the Executors or the Survivor of Norwich. the Executors of either of them, of any Lands, Tenements, or Hereditaments, not amounting in the whole above the clear yearly Value of Forty Pounds, to be imployed and converted to and for the Difcharge of Tolls and Cuftoms within the faid City, and at the Gates of the fame, for the Difcharge of the poor People within the fame City, of Taxes and Tallages hereafter to be affeffed and levied, and for the cleanfing of the Streets of the fame City, or for any of the faid good Purpofes, according to the true Intents and Meanings of 7&8W. 3.C the faid laft Wills and Teftaments, and either of them; fa that the fame Ordinances, Devices, and Decla- 37- rations be had, made, and certified in writing into the King's Court of Chancery, within Two Years next en- q Geo. 2. c, 16. reftrainini Gifts in Mortmain h Will. 9 C A P. XI. An Aft, for Clerks convift. breaking Prifon. HERE divers Perfons being convift of Murder or Felony, having the Privilege of their Clergy„ and delivered to the Ordinaries, afterwards wilfully break the Prifons of the Ordinaries, and efcape 1 their Ways, doing and committing great, horrible, and deteftable Offences; and as hitherto for fuch wil- 4 ful breaking of Prifons of Ordinaries by Clerks convift, hath not been provided any great Penalty, where- It is Felony for ' by they fhould ftand in dread of doing the fame :' (2) Be it therefore enafted by Authority of this pre- a clerk convift, fent Parliament, That if any Clerk convift, being in Prifon of any Ordinary, wilfully break the faid Prifon,. being in the Or- and efcape his Way out of the fame, that then every fuch breaking of Prifon and Efcape, fhall be from Ji" a ry's Pnfon, henceforth deemed and adjudged Felony, and the Offender therein fhall have and fuffer fuch Pain of Death faine. an ^ Penalty, and Lofs of his Lands and Goods, as for other Felonies is accuftomed by the Laws of this Rep. 1 Ed. 6. Realm, and fhall not in any wife be admitted to have the Privilege or Benefit of his Clergy, nor enjoy any c 12. Sanftuary for the fame. They which be II. Provided alway, That if any fuch Offender be within holy Orders, that is to fay, of the Orders of '" holy Orders, Subdeacon, Deacon, or Priefthood, that then after he is convift of the Premiffes, he fhall be delivered to. d t th G <i'-~ the Ordinary, there to remain without any Purgation. nar „ b III. And it is enafted, That it fhall be at the Liberty of the Ordinary, to difgrade any fuch Offender af- Altered28H.S. ter he is found guilty, and delivered to him as a Clerk convift, and fend him before the King in his Bench, <■■• i. with Letters witneffing the faid difgrading, (2) and thereupon the Juftices of the King's Bench, having the The Ordinary Record of his Conviftion, fhall have Power and Authority to give Judgement againrt every fuch Offender, clerk 'convift being convifted and difgraded, that he fhall fuffer Death, like as they might do in cafe the fame Offender and fend him to had been a Lay-man, and arraigned, and found guilty afore them of the faid Offence j the delivering of fuch. the King's- Offender afore to the Ordinary notwithstanding. Bench. ajH. 8.c. 1.. CAP..'
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