Page:Ruffhead - The Statutes at Large - vol 2.djvu/413

 A. D. 1545. Anno tricefimo feptimo Henrici VIII. C. 8, 9. 375 Provifions and Tilings therein contained, fhall be from henceforth repealed, adnullcd, and utterly of nine Effect, to all Intents, Conftructions and Purpofes; and that all and every Article therein contained {lull be, by Virtue thereof, inquired of before all Juftices of Peace, at their ancient Quarter- Scffions, who lhall have like Power and Authority, by Virtue hereof, to punifh and reform all and every fueh Offence and Offences, in like Manner and Form as they might have done by Virtue ol the laid former A& made in the laid thirty-third Year of the King's Reign. C A P. VIII. The Aft that any Indictment lacking thefe Words, Vi &? amis, fhall be good. ' VV Treafon, Murder, Felony, Trefpafs and divers other, to have comprifed and put in every the ' lame Indictments and Inquifitions thefe Words, Vi isf armis, and in divers of the fame Indictments to ' declare the manner of the Force and Arms ; that is to fay, Vi iff armis, videlicet, baculis, cultcllis, arcubus ' fuch Weapons at the Time of the faid Offence committed and done; (z) yet in Default and Lack of ' the fame Words, the faid Indictments were and yet be taken as void in the Law, for to put any Perfon ' comprized and put in the faid Indictments, have taken Advantage thereof, and have avoided the fame In- ' dictments by Writ or Writs of Error, or by Plea upon his or their Appearance, as the fame Cafe did of the Lords Spiritual and Temporal, and of the Commons, in this prefent Parliament affcmbled, and by P«fcb. 2 C. z. the Authority of the fame, That from the Feaft of the Nativity of our Lord God next coming, thefe " ,B ' R - Words, Vi tif armis, viz. aim baculis, cultcllis, arcubus & fagittis, or fuch other like, fhall not of Ncccffity ind'i&mentj be put or comprifed in any Inquifition or Indictment ; (0 nor that the Party or Parties being hereafter in- lacking Vi & dieted of any Offence, fhall have or take any Advantage by Writ or Writs of Error, Plea or otherwife, fo armis fliall be adnul or avoid any fuch Inquifition or Indictment, for that, that the faid Words, Vi cif armis, viz. baculis, 60od ln Lkw ' cultcllis, arcubus & fagittis, or any of the fame or like Words, fhall not be put or comprifed in the faid Inquifitions or Indictments : (6) But that the fame Inquifitions or Indictments, and every of them, lack- The Word: cum ing the faid Words, Vi iff armis, viz. baculis, cultcllis, arcubus & fagittis, or any of them, fhall from thence- bacu ''-s cultcllis, forth, by the Authority aforefaid, betaken, deemed and adjudged, to all Intents, Conftructions and Pur- Juft ll ii 4tfaBi }" pofes, as good and effectual in the Law, as the fame Inquifitions and Indictments, having the faid Words, Neceffity > I*-po,« Vi is' armis, viz. baculis, cultcllis, arcubus & fagittis, comprifed and put in every of the fame Inquifitions in an indid- and Indictments were or heretofore have been taken, deemed or adjudged ; any Law, Ufage or Cuftom meat. heretofore had and ufed to the contrary notwithstanding. II. And be it further enacted by the Authority aforefaid, That if any Perfon or Perfons, at any Time He that h st- affer the faid Feaft of the Nativity of our Lord God next coming, do Ileal any Horfe, Gelding, Mare, tainted for the Fole or Filly, and thereof be found guilty by the Verdict of twelve Men, or by his own Confeflion be <t«Hngof a attainted, (2) or otherwife be indicted for the ftealing of any Horfe, Gelding, Mare, Fole or Filly, and P 01 * r* 3 ' 1 no ' thereupon arraigned, and do Hand mute of Malice or froward Mind, (3) or challenge peremptory above 'fClerry. "" the Number of twenty, (4) or elfe will not anfwer directly to the fame Indictment and Felony where- Confirmed by upon he is fo arraigned ; that then every fuch Perfon and Perfons fhall not from henceforth be ad- iEd. 6. c. n, mitted to have the Benefit of his or their Clergy, but utterly be excluded thereof and fhall fuffer Death §• IO - in fuch Manner and Form as they fhould have, if they were no Clerks. )Cr 23' CAP. IX. A Bill againft Ufury. ' W made within this Realm, for the avoiding and Punifhment of Ufury, being a Thing unlawful, and in Ufury shall be ' of other corrupt Bargains, Shifts and Chevifances, (2) which Acts, Statutes and Laws been fo obfeure J"J? i' c ' and dark in Sentences, Words and Terms, and upon the fame fo many Doubts, Ambiguities and Que- rfy.^zz^i. ' ftions have rifen and grown, and the fame Acts, Statutes and Laws been of fo little Force or Effect, that 4 by reafon thereof little or no Punifhment hath enfued to the Offenders of the fame, but rather hath en- Dyo- 347. //. 9, Lord, by the Affent of the Lords Spiritual and Temporal, and of the Commons, in this prefent Parliament All Statutes con- affembled, and by the Authority of the fame,- That all and every the faid Acts, Statutes and Laws here- «min g ufury tofore made, of, for or concerning Ufury, Shifts, corrupt Bargains and Chevifances, and every of them, ' c j^ le f - and all Pains, Forfeitures and Penalties concerning the fame, and every Part thereof, fhall from henceforth |°fj l 3 ' c '',f g. be utterly void and of none Effect, to all Intents, Conftructions and Purpofes. 11H. 7. c. 8. II. And be it further enacted by the Authority aforefaid, That no Peifon or Perfons of what Eftate, Se]Iin of VfiTes Degree or Condition foever he or they be, from and after the laft Day of Jan t coming, fhall by and buying them himfelf, Factor, Attorney, Servant or Deputy, fell his Merchandifes or Ware ny Perfon or Perfons, again. and within three Months next after, by himfelf, Factor, Attorney, Deputy, or by any other Perfon cr Perfons to hjs Ufe and Behoof, buy the fame Merchandifes or Wares, or any Part or Parcel thereof, upon a lower Price, knowing them to be the fame Wares or Merchandifes that he before did fo bargain and Sell, upon the Pains and Forfeitures hereafter limited in this Eitatute. HI. And
 * T/HERE before this Time it was and yet is commonly ufed in all Indictments and Inquifitions of
 * cjr fagittis, or fuch other like Words in Effect, where of Truth the Parties fo indicted had no manner of
 * to anfwer thereunto : (3) And the Party or Parties fo indicted, for lack of the fame Words not being
 * require:' (4) For Reformation whereof, be it enacted by the King our Sovereign Lord, with the Affent Rex .v. Wynde
 * H7 HERE before this Time divers and fundry Acts, Statutes and Laws have been ordained, had and Hew Officers
 * couraged them to ufe the fame :' (3) For Reformation whereof, be it enacted by the King our Sovereign