Page:Ruffhead - The Statutes at Large - vol 2.djvu/358

 320 C. 24. Anno tricefimo tertio Henrici VIII. A. D. 154.^ c compelled to appear out of their Shires and Places for fuch Caufes, to their great Charges, for the Trial ' or Declaration of fuch Offences ; (5) and fometime, by occafion of the Charges for remanding of fuch ' Offenders to be indicted and tried by the Courfe of the Common Law, fuch Offenders lie ftill in Prifon, ' and be forgotten, whereby many Times, by Help of their Confederates, they efcape unpunifhed, to the ' great Courage and evil Example of Evil-doers :' (6) Be it therefore enacted by the King our Sovereign GifesofTreafon, Lord, and by the Affent of the Lords Spiritual and Temporal, and the Commons, of this prefent Parlia- &c. wjjychmay m ent affembled, and by Authority of the fame, That if any Perfon or Perfons being examined before the Cbunry by the King's Council, or three of them, upon any Manner of Treafons, Mifprifions of Treafons, or Murders, King's Commif-do tonfefs any fuch Offences, or that the faid Council, or three of them, upon fuch Examination, fliall fion. think any Perfon fo examined to be vehemently fufpected of any Treafon, Mifprifions of Treafons or Mur- 1 Anderf. 104. rj er ; that then in every fuch Cafe, by the King's Commandment, his Majefty 's Commiffion of Oyer and 3 ;J ft .'- 2 p c Terminer, under his Highnefs Great Seal, fliall be made by the Chancellor of England to fuch Perfons, and .„..?' ' ' into fuch Shires or Places, as fliall be named and appointed by the King's Highnefs, for the fpeedy Trial, Conviction or Delivery of fuch Offenders; (7) which Commiffioners fliall have Power and Authority to enquire, hear and determine all fuch Treafons, Mifprifions of Treafons and Murders, within the Shires and Places limited by their Commiffion, by fuch good and lawful Perfons as fliall be returned before them by the Sheriff or his Minifter, or any other having Power to return Writs and Procefs for that Purpofe, in what- foever other Shire or Place within the King's Dominions, or without, fuch Offences of Treafons, Mifpri- fions of Treafons or Murders fo examined were done or committed, and that in fuch Cafes no Challenge for the Shire or Hundred fhall be allowed. •Cavil 57. II. Provided that upon the Trial of fuch Treafons, Mifprifions of Treafons, and Murders, the Chal- . Challenge for ] ens - e to any Turor, for lack of Freehold of the yearly. Value of forty Shillings, fliall be allowed as hath want of tree- 1 a n j a jj ol( l. been accuitomed. 1 Anderf! 107. HI. Provided alfo, That if any the Peers of the Realm fhall happen to be indicted of any the Offences Trial by Peers, aforefaid, by Virtue of any fuch Commiffion to be granted by Authority of this Act, yet neverthelefs they No peremptory fliall have their Trial by Peers, in like Manner and Form as heretofore hath been ufed ; any Thing in this Challenged Acl: contained, or any Thing to be done by Virtue thereof, in any wife notwithflanding. (2) And it is High Treafon or orc ) a i nec j an d enacted by Authority aforefaid, That peremptory Challenge fhall not from henceforth be ad- Ti'caibn° n ° mitted or allowed in any Cafes of High Treafon, nor Mifprifion of High Treafon. Dyer 132, 286. II Co. 63. 3 Inft, 27. Altered or repealed by 1 & 2 Ph. & M. c. 10. See the References to Cbaf. 20. CAP. XXIV. An Act that none fhall be Juftice of Affife in his own Country, &c. ijr.j, c. z. ' TT7HERE in the Parliament holden in the eighth Year of King Richard the Second, it was enacted, 13 H. 4. c. 2. ' YV ordained and eftablifhed, That no Man learned in the Laws of this Realm fhould from thenceforth ' be Jiuftice of Aflize in the Country where he dwelleth ; (2) and that the Chief Juftice of the Common ' Place fhould be from thenceforth affigned, among other Juftices, to the taking of the faid Affifes ; (3) e but as to the Chief Juftice of the King's Bench, there fhould be done and ufed as hath been ufed for the ' moil part by the Space of one hundred Years next before, as by the faid Act more at large it doth and TheRcafons for ' may appear : (4) Since the making of which faid good Act and Law, divers Juftices and Men learned in making of this <■ the Laws of this Realm, by their own Means, Induftry and Policy, and for their own Commodity and Statute. 1 Eafe, have obtained, contrary to the Form of the faid Act, to be Juftices of Affiles in the Countries and ' Counties where they were born or were inhabiting, whereby fome Jealoufy of their Affection and Favour ' toward their Kinfmen, Alliance and Friends within the faid Countries or Counties where they were fo ' born or inhabiting, hath been conceived and had againft them by the King's moft loving Subjects of the II. For Reformation whereof, the King's moft loving Subjects and the Commons in this prefent Parlia- ment affembled, moft humbly befeech and dellre the King's Majefty, and that it may be enacted by the King's Majefty, with the Affent of the Lords Spiritual and Temporal, and the Commons, in this prefent 3STo Man fliall be Parliament affembled, and by Authority of the fame, That no Juftice nor other Man learned in the Laws juftice of Affife f this Realm, fliall at any Time from or after the Feaft of Eajier next coming, ufe nor exercife the Office in the County f Jufjice of Affife within any County where the faid Juftice was born or doth inhabit, (2) upon Pain to bmor'SoS" forfeit for every Offence done contrary to the Form of this prefent Act, one hundred Pounds ; the Moiety dwell. whereof to be to our Sovereign Lord the King, and the other Moiety thereof to the Party that will fue for Explained by the fame in any of the King's Courts, by Bill, Plaint, Information, Action of Debt or otherwife, in the 12 Geo. 2. c.27. w hich Suit no Protection, Eifoin, nor Wager of Law fliall be admitted nor allowed. -This Statute III. Provided alway, and be it further enacted by the Authority aforefaid, That this Act, or any Thing doth not extend herein contained, fliall not extend, be conftrued or interpreted, to touch or concern any Perfon or Perfons to the Clerk of tna t now are, or hereafter fliall be, Clerk or Clerks of Affiles, and fliall be afibciate to any Juftice of Af- Affife. £^ f or ; n a ny County, City or Town, within this Realm of England, wherein the fame Perfon or Per- fons, Clerk or Clerks fo affociate, do dwell or were born ; (2) but that all and every Clerk and Clerks or Affiles, which now do exercife or occupy, or hereafter fliall exercife or occupy any Office of Clerkfhip of Affifes, fliall and may exercife and occupy the fame in any County, City or Town, wherein the fame Clerk or Clerks of Affifes do dwell or were born; any Thing in this Act contained to the contrary notwith- ftanding. _ ' Officers of Cities IV. Provided alfo, That thefe Terms, Jit/lices of Jjjifes, or other Perfons learned in the Ln:s or Corporate fliall not extend or in any wife be interpreted to any Mayors, Sheriffs, Recorders, Stewa-'ds Towns. Sewters or other Officers, being born or dwelling within any City, Borough or. Town within t lis Realm of 1 nghud,
 * fame Countries and Counties :'