Page:Ruffhead - The Statutes at Large - vol 2.djvu/352

 314 C. r2. Anno tricefimo tertlo Hen' rici VIII. A. D. 1541. The Party in- XIX. And be it further enacted by the Authority aforefaid, That if any Perfon or Perfons fo indicted of to^fw^d-reft- T rca f° n > Mifprifion of Treafon, Murder, Manflaughter, or other malicious linking, by Reafon whereof ly.'or ftanding ' P'ood is, hath been, or (hall be fhed, againft the King's Peace, as is afore faid, and thereof be arraigned, mute. ° and obftinately refu'fe to anfwer diredtly to the fame Offences whereof he or they be fo indicted; or if fuch Perfon or Perfons fo indicted and arraigned, fhnd mute, and will not fpeak, then fuch Perfon and Perfons fo refufmg to anfwer, or ftanding mute, fhall be convict, judged and deemed guilty of the Thing whereof he or they is or (hall be fo indicted and arraigned, and fhall have Judgment to have like Pains of Death, and other Pains, Punifhments, Executions, Forfeitures -, Lofles, and Seizures of Lands, Tenements, Goods and Chattels for the fame, as he or they ought or fhould have had for fuch like Offences, if he or they were A Crier (hall be or fhould be found guilty thereof by'the Verdict of twelve Men. (2) And be it further enacted by the Au- appointed. thority aforefaid, That the faid Clerk? Comptrollers, Clerks of the Check, and Clerks Marihal, or one of them for the Time being, fhall from Time to Time name, affign, and appoint a Crier to make Procla- mations, and to call the Juries, and to do other Things as becometh a Crier of a Court to do belonging to that Office. XX. Provided always, and be it enacted by the Authority aforefaid, That this Act before rehearfed, con- cerning malicious Sinkings, by Reafon whereof Blood is, hath been, or fhall be fhed, againft the King's Peace, ne the Pains and forfeitures before rehearfed for the Puniftnnent of the fame, fhall not in any ways extend nor be prejudicial or hurtful to any Nobleman, ne to any other Perfon or Perfons, that fhall happen to ftrike his or their Servants within the faid Palaces or Houfes, or any other Houfe or Houfes aforefaid, or within the Limits of the fame, with his or their Hands or Fifts, or with any fmall Staff or Stick, for Cor- rection and Punifhment for any Offences committed and done, or to be committed and done, (2) ne to any of the King's Officers or Servants that fhall ftrike any Perfons within the fame Palace or Houfe, or any other Houfe or Houfes as aforefaid, although by Reafon of the faid Stroke or Strokes there happen to be any Blood fhed of fuch Perfon as fhall be fo ftricken, except the Perfon fo ftricken do die of the fame Stroke within one Year next after the fame Stroke fo given. (3) Provided alfo, and be it enacted by the Autho- Trial by Peers, rity aforefaid, That the Trial of Peers of this Realm, for committing or doing any Offences in this Act be- fore mentioned, fhall be as it hath been ufed in Times paft; any Thing in this Act contained to the con- trary notwithftanding. The Liberty of XXI. Provided alfo, That the Liberty and Jurifdiction of the Marjhalfey Court and Circuit of the Verge tha Verge. {ha] be in all Points, Privileges and Authorities, ufed by the Minifters and Officers of the fame, in as full and as ample Manner as hath been heretofore lawfully ufed, for Murders, Felonies, Offences, and all Trefpaffes, Contracts and other Suits whatfoever they be ; any Thing in this Act to the contrary notwith- ftanding. ' XXII. And forafmuch as before this Time one Richard Staverton of Lincoln's Inn, Gentleman, was com- ' manded and appointed by the King's Majefty to occupy the Office of the Coroner of his faid Houfe, by ' Force whereof he hath continued Officer in the fameby the Space of fixteen Years or more :' Be it enacted The Coroner of by the Authority aforefaid, That the faid Richard Staverton (hall have, occupy and enjoy the faid Office of Co- the Kings roner during his Life, together with all fuch Profits and Commodities as before this Time have been due and appertaining in any wife to the fame; (2) and after his Deceafe, the faid Coroner always to be made, affigned and appointed by the faid Lord great Mafter, or Lord Steward for the Time being. ' XXIII. And for that hereafter it might be doubted, how far the Limits and Bounds of the faid Houfe ' or Houfes fhould extend or be taken, within which Limits or Bounds any the faid Offences which have ' been committed or done nth the faid Feaft of All Saints, or hereafter fhall be committed or done, for the ' which all and every Perfon and Perfons fo offending, fhould have and fuffer the Pains, Penalties and For- c feitures as is aforefaid ;' for plain Declaration thereof, and for the avoiding of all Doubts and Queftions which may hereafter happen to arife of, for, or upon the fame : The Limits and XXIV. Be it enacted by the Authority aforefaid, That the Limits and Bounds of the faid Houfe and K'^s H f Houfes, within which any of the Offences aforefaid, now committed or done fith the faid Feaft of AUSainti, or hereafter to be committed and done, fhall be punifhed as is aforefaid, fhall extend and be taken within thefe Places enfuing, and in none other, that is to fay, within any Edifices, Courts, Places, Gardens, Orchards, or Houfes within the Porters Ward, of any of the Houfe or Houfes above rehearfed, or within any Gardens, Privy Walks, Orchards, Tilt-yards, Wood-yards, Tennis-plays, Cock-fights, Bowling- alleys near adjoining to any of the Houfes above rehearfed, and being Part of the fame, or within two hun- dred Foot of the Standard of any outward Gate or Gates of any of the Houfes above rehearfed, commonly ufed for Paffage out or from any the Houfe or Houfes above rehearfed. XXV. Provided alway, That this Act fhall not take Effect, or be put in Execution, till from and after the firft Day of May next enfuing, except only for Murders and Manflaughters ; for the which Offences of Murder and Manflaughter, the fame to take Effect from the Feaft of All Saints laft paft, according to the Tenor and Effect of the faid Act. Cafesof (Inking, XXVI. Provided always, and be it enacted by the Authority aforefaid, That this Act before rehearfed to "which this concerning malicious Strikings, by Reafon whereof Blood is, hath been, or fhall be fhed, againft the King's Statute doth not p ea ce, ne the Pains and Forfeitures before rehearfed for the Punifhment of the fame, fhall not in any wife extend, or be prejudicial or hurtful to any Nobleman, ne to any other Perfon or Perfons, that fhall happen to ftrike his or their Servants within the laid Palace or Houfe, or any other Houfe or Houfes, Place or Places aforefaid, or within the Limits of the fame, with his or their Hands or Fifts, or with any fmall Staff or Stick, for Correction and Punifhment for any Offences committed and done, or to be committed and done ; (2) ne to any of the King's Officer or Officers, that in executing of his or their Office fhall ftrike any Perfon or Perfons with his or their Hands or Fifts, or with any fmall Staff or Stick, or with any Staff commonly called a Tip-ftaff, within the fame Palace or Houfe, or any ether Palaces or Houfes or Places aforefaid; (3) ne to any other Perfon or Perfons, that in doing Service at any Triumph, or any other Time of