Page:Ruffhead - The Statutes at Large - vol 2.djvu/296

 258 C. 15. Anno vicefimo o&avo Henrici VIII. A. D. 1536, Wine, anitbe ' i n Caflcs and VefTels not bearing the Contents above limited, to the great Lofs of the King's poor Sub- Swuteof 1 R.-;. « jg^-g .' jr ol - Remedy whereof, it is enacted by the Authority of this prefent Parliament, That the faid S '''"made Statute made in the firft Year of King Richard the Third, and all other Statutes heretofore made for true rouchinVthV gauging and meafuring of Wines, Oyls, Honey or any other Liquors, which Eftatutes afore this Time be fame, confirmed.Tiot repealed nor expired, {hall {land in their Strength and Virtue, and be put in due Execution according jS H. 6. c. 17. to their Tenours and Effects in every Behalf. Every VefTel of VI. And over that be itenaded by Authority of this prefent Parliament, That every Gauger within this Wine, &c. fliall Realm fliall truly and effectually, within the Limits of his Office, gauge all the faid Tuns, Butts, Pipes, ^ e, truly k ga ," sdd Tierces, Puncheons, Tertians, Barrels, Hogfbeads and Rundlets, and fliall plainly and truly mark upon the Held! UP ° n the Head of every fitch VefTel the Content of the fame, (z) upon Pain to forfeit to the Party, to whole 27 Ed. {.flat. 1. Ufe the Wine, Oyl or other Thing therein being {hall be fold, four Times the Value of that that the VefTel 8. 23 H. 6. f marked {ball lack of his lawful Content above writ' en ; (3) the fame Forfeiture to be recovered oer and c. 16 » befide the Coils of the Suit, by the King's original Writ, or by Bill in any of the King's Courts of his Common Laws, or in any competent Court having Jurifdietion in the Place where that Offence {hall be committed, by Action or Bill of Debt ; in which Action or Suit none ElToin, Protection nor Wager of Law How he ft,,,! be fliall be accepted, admitted or allowed to the Defendant or Defendants : (4) And that every Merchant or rccompenfed other Perfon felling the faid Wine, Oyl or other Things contained in the faid VeiTel marked, {hail allow of which' lacke.h the Price thereof to the Buyer of the fame, for every Quantity of Wine, Oyl or other Thing contained in Meafure. tn2 fgjj marked VefTel t the full Value of the Lack thereof, being by reafon of Default of full Gauge of the VeiTel marked, or of Default of filling of the fame VefTel, or by reafon of Default of any of them, after the Rate of the whole Price of the Wine, Oyl or other Thing fo being fold by that VefTel marked, and that upon Pain of Forfeiture to the fame Buyer the double Value of the fame VeiTel and Wine, Oyl or other Thing therein being fo fold; the fame Forfeiture to be recovered, together with the Colts of the Suit, in ri/hm'-nnani'rte Manner and Form as the Forfeiture laft before written is limited to be recovered. Wines,, 7 Ed. 6. c. 5. 5 El. c. 5. 12 Car'. 2. c. 25.. iS Car. 2. c. 5. feci. 6. 1 Jac. 2. c. 3. 1 Am. flat. 1. c. 12. 5 Am. c. 27. 6 Geo. 1. c. it. S Geo. 1. r. lS.feil. 19. 12 Geo. 1. e. zt.feft. 20. iGeo.i.Jht.z.c.iy. 10 Geo. 2. c. 19. jj Geo. 2. c. 40. 1$ Geo. 2. c. 9. 26 Geo. 2. c. iz. 30 Ga. 2. c. 19. and 32 Geo. 2. c. 19. CAP. XV. For Pirates. Mod. Cafes in ' TT7HERE Traytors, Pirates, Thieves, Robbers, Murtherers and Confederates upon the Sea, many Law 74. ' yy Times efcaped unpuniflied, becaufe the Trial of their Offences hath heretofore been ordered, 3 inft. 48, in, t judged and determined before the Admiral, or his Lieutenant or CommiiTary, after the Courfe of the Civil jJ 2 Co e*. ' Laws, (2) the Nature whereof is, that before any Judgment of Death can be given againft the Offenders* 1 Roll 17;. ' either they muff, plainly confefs their Offences (which they will never do without Torture or Pains j or Hale' s P. C. Vol. ' elfe their Offences be fo plainly and directly proved by Witnefs indifferent, fuch as faw their Offences T - 355- ' committed, which cannot be gotten but by Chance at few Times, becaufe fuch Offenders commit their ' bear witnefs be commonly Mariners and Shipmen, which, becaufe of their often Voyages and PafTages in ' the Seas, depart without long tarrying and Protraction of Time, to the great Coifs and Charges as well of Trial of Offences c the King's Highnefs, as fuch as would purfue fuch Offenders :' (3) For Reformation whereof, be it en- committed upon acted by the Authority of this prefent Parliament, That all Treafons, Felonies, Robberies, Murthers and " h h Admiral's Confederacies hereafter to be committed in or upon the Sea, or in any other Haven, River, Creek or Place TurifJiction by where the Admiral or Admirals have or pretend to have Power, Authority or JurifdirStion, fliall be inquired, the King's Com- tried, heard, determined and judged, in fuch Shires and Places in the Realm, as fliall be limited by the million. King's Commiffion or Commiffions to be directed for the fame, in like Form and Condition, as if any fuch Altered by 1,1 & Offence or Offences had been committed or done in or upon the Land ; (4) and fuch Commiffions fnall be IS Ii ,' '*' 7 ' had under the King's Great Seal, directed to the Admiral or Admirals, or to his or their Lieutenant, Deputy hob. 146. ' an d Deputies, and to three or four fuch other fubftantial Perfons, as fliall be named or appointed by the Dyer21j.pl. 33. Lord Chancellor of England for the Time being, from Time to Time, and as oft as Need fhall require, to hear and determine fuch Offences after the common Courfe of the Laws of this Realm, ufed for 1 reafons, Felonies, Murthers, Robberies and Confederacies of the fame, done and committed upon the Land within -1. this Realm. ' The Commiffio- II. And be it enafted by the Authority aforefaid, That fuch Perfons to whom fuch Commiffion or Com- ners Authority, miffions fhall be diredled, or four of them at the leaft, fhall have full Power and Authority to enquire of 1 Leon. 106, f ucn Offences, and of every of them, by the Oaths of twelve good and lawful Inhabitants in the Shire li- t 7 Bulftr 28 •'o. m ' te ^ lrl their Commiffion, in fuch like Manner and Form, as if fuch Offences had been committed upon- 'the Land within the fame Shire; (2) and that every Indictment, found and prefented before fuch Com- miffioners, of any Treafons, Felonies, Robberies, Murthers, Manflaughters, or fuch other Offences, be- ing committed or done in or upon the Seas, or in or upon any other Hayen, River or Creek, fhall be good and effectual intheLaw ; (3) and if any Perfon or Perfons happen to be indicted for any fuch Offence done or hereafter to be done upon the Seas, or in any other Place above limited, that then fuch Order, Procefs, Judgment and Execution fliall be ufed, had, done and made, to and againft every fuch Perfon and Perfons fo being indifled, as againft Traytors, Felons and Murtherers, for Treafon, Felony, Robbery, Murther or other fuch Offences done upon the Land, as by the Laws of this Realm is accuftomed ; (4) and that the Trial of fuch Offence or Offences, if it be dented by the Offender or Offenders, fhall be had by twelve lawful Men inhabited in the Shire limited within fuch Commiffion, which fliall be directed as is aforefaid, and
 * Read 17.
 * " ' Offences upon the Sea, and at many Times murther and kill fuch Perfons being in the Ship or Boat where
 * ' ;>51 ' ' they commit their Offences, which fhould witnefs againft them in that Behalf ; and alfo fuch as fhould