Page:Ruffhead - The Statutes at Large - vol 2.djvu/379

 A. D. 1542-3. Anno xxxiv & XXXV II km [I. ( . i ■. 34J « the ' ' often ■'■" 1 ma . .• '! Ci rks of Aflife, and I i,l ( iovcrnnni e ol i 1 e fi me ' ' in, have been n< wly arraij, n Lord the i 1 like and Inch other Offci • it hath nol been certainly known whithe ' into any Place nd like O Live n newly arraigm I, have had the Benefit ol his or their Clergy v not, 1 ne fliould have had th n prefent in the Tame Place ... n or Perfons wi re fo newly arraigned, or '.ime have been feen, lei ted againft fuch Perfon or 4 have many Times loll her Advantaj they fliould have had 1 by mean of the (aid Attainders, to the great Lofles both of our faid Sovereign Lord the King and other .hhI alfo the- lame Offenders have had th< ir Clergy where tin y ought not fo to have had, to the ' great Boldnefs and Encouraging of like Offendi i . il. In Con ful ration whereof be it enacted by the King our Sovereign Lord, the Lords Spiritual and Temporal, and tin- Commons, in this prefent Parliament aflcmbled, and by Authority of the fame, That Clerks of AGifr. the Clerk of the Crown, Clerks of the Peace, and Clerks of Aflife for the Time being, where any fuch &c - mi11 '"'A Attainder, utlawry or Conviction fhall be fo had, fliall from the Feaft of Pentecqfl next coming, not only L" 10 I h i^I nE ' certify a Tranfcript briefly and in few Words, containing the Tenor and Effect of every fuch Indictment, ot - n f' ltn a c, £™" Outlawry or Conviction, and Clerk attainted before them fo to be had, made or pronounced, that is to outlawed, >t- fay, the Name, Surname and Addition, of every fuch Perfon or Perfons as Ihall be fo indicted, and there- tainted or con- dor Clerk attainted, and the Certainty of the faid Felony or other Offence where- »teed of Felony upon he or they ihall be fo outlawed, convicted or Clerk attainted, and the Day and Place of his Out- lawry, Conviction and Attainder, and the Day and Place where and when the laid Felony or other Of- fence, whereupon the laid Perfon or Perfons fhall be fo indicted, outlawed, convicted or Clerk at- tainted, fliall be made and done, before the King our Sovereign Lord in his Bench at TVeJlminflcr in the County of Middlcfix, there to remain of Record for ever amongft other the King's Records there, within forty Days next after any fuch Attainder, ConviiStion or Outlawry fhall be had, made or pronounced, if the Term be then ; and if not, then within twenty Days next after the Beginning of the Term next fol- lowing the faid forty Days ; but alfo fhall deliver a Tranfcript of every fuch indictment whereupon the faid A Tranfcript of Perfon and Perfons fhall fortune hereafter to be conviiStcd, or Clerks attainted, to the Ordinary to whom j n i- Il> r!jtoijM the Body of the faid Perfon or Perfons fhall be fo committed ; (2) the faid Ordinary paying to every fuch Ordinary. . Clerk as ihall write the faid Tranfcript, for every Copy of fuch Indictment xij.d. for his Pains, (3; upon . Pain that every Clerk of the Crown, Clerk of the Peace and Clerk of Aflife for the Time being, before whom fuch Indictment, Attainder, Outlawry or Conviction fliall be fo had, trade, pronounced or remain, for the non-certifying of every fuch Record, and delivering the Copy of fuch Indictments to the faid Ordi- naries according to this Eftatute, to lofe and forfeit xl. s. the one Moiety thereof to be to the King our Sove- reign Lord, anH the other Moiety to him that will fue for the fame by AiStion of Debt, Bill, Information • or otherwile, in any of the King's Courts of Record, wherein no Wager of Law, EiToin or Protection fhall be allowed. (4) And the Clerk of the Crowm in the King's Bench fhall receive the faid Certificates and The Clerkof Tranfcripts at fuch Time as they fhall be tendred and profered unto them by the faid Clerks of the Crown, thc Cr '°«n fliall Clerks of the Peace and Clerks of Aflife, or by their Deputy or Deputies, without taking any Thing r " ci y= thc Ctr - for the fame, upon Pain of Forfeiture of the Sum of forty Shillings for every fuch Certificate by him refufed. III. Provided always, and be it further enacted by the Authority aforefaid, That if there be any more No more Names Perfons contained and named in any fuch Indictment, other than fuch Perfon fo attainted, convicted or """ be certified outlawed, that then fuch Clerk of the Crown, Clerk of Aflife, Clerk of the Peace, with whom the Re- tf l ;,n are " u ' Mt " cord of fuch Attainder, Outlawry or Conviction fliall remain, fhall, within the Time before in this Act %' c ' 0I " 1L '"" limited, certify the Tranfcript of fuch Indictment, Outlawry or Conviction, only concerning fuch Per- fon or Perfons fo indicted, attainted, outlawed or convicted, into the King's Bench at Weftminfter^ as is aforefaid; (2) which Tranfcript fo certified, fliall be had and taken as good, effeiStual and available in Law, to all Intents, Conftructions and Purpofes, againft fuch Perfon and Perfons againft whom it fliall be fo objected, alledged or pleaded, as if the very Record thereof, whereupon he or they were fo indicted, were there prefent. IV. And be it enacted by the Authority aforefaid, That the faid Clerk of the Crown in the King's TheClcrlcof the Bench for the Time being, fhall at all fuch Times as the Juftices of the Gaol-delivery, or Juftices of Peace 9 r . 0W11 fll. a " cer " in every County within this Realm of England, do write unto him for the Names of fuch Perfons which tl '. v thc N am « be fo attainted by Outlawry, or Clerks attainted or convict, and certified into the faid Bench of our faid e |, e j ^/^/ Sovereign Lord the King, fliall incontinently without Delay certify thc faid Names and Surnames of the Dyer z^. faid Perfons, with the Caufes why and wherefore they were convict or attainted, unto the Juftices of Gaol- delivery, or Juftices of Peace, upon the Pain and Penalty to forfeit for every Name of fuch Perfons which , fliall be fo written for, and not certified by the laid Clerk of the Crown of the King's Bench to the faid Juftices, xl. <. V. Provided always, and be it further enacted, That this A£t nor any Thing therein contained fliall not No Or extend to the Clerks of the Crown, Clerks of the Peace, Clerks of Gaol-delivery, neither to any of the o^'JoL^l!™' Prenotaries within the Counties of Wales and Chefler, or within the Counties Palatines of Lancajler and^,,^"^ 3 ^ Dunjhu; or any of them, .to make any Tranfcript of any fuch Attainder, Conviction or Outlawry of any Perion or Perfons convicted, attainted or outlawed before the King's Juliices of his Counties of Wales nor Cbejlcr,
 * Perfons fo newly arraigned ; (i) whereby as well the King our Sovereign Lord, as alfo all other Perfo