Page:Ruffhead - The Statutes at Large - vol 2.djvu/446

 408 (*..« Aftno fecundp & tertio Edwardi VI. A. D. 1548. may hear and determine thefe Offences. 'The6ftcncesin. quirable and pu> ni/hable by the Ecclefiaftical Ju -rifdiftion. Sut once pu- niflied for one Offence. Corporate within this" Realm, Wales, Calice, and the Marches of the fame, to the which Juftices of Af" fize do not commonly repair, fhall have full Power and Authority by Vertue of this Aft to enquire, hear and determine the Offences aboyefaid, and every of them yearly, within fifteen Days after the Feaft of Eajler . and St. Michael the Archangel, in like Maimer and Form as Juftices of Aflife and Oyer and Deter- miner may' do. XII. Provided always, and be it ordained and enacted by the Authority aforefaid, That all and Angular Archbilhops and Bifhops and every of their Chancellors, Commiffaries, Archdeacons and other Ordinaries, having any peculiar Ecclefiaftical Jurifdiftion, fhall have full Power and Authority by Vertue of this Aft, as well to inquire in their Vifitations, Synods, and elfewhere within their Jurifdiftion, at any other Time and Place, to take Accufations and Informations of all and every the Things above mentioned, done, com- 1 mitted or perpetrate within the Limits of their Jurifdiftion and Authority, and to punifh the fame by Ad- monition, Excommunication, Sequeftration or Deprivation, and other Cenfures and Procefs, in like Form as heretofore hath been ufed in like Cafes by the King's Ecclefiaflical Laws. XIII. Provided always, and be it enafted, That whatfoever Perfon offending in the Premiffes fhall for the firft Offence receive Punifhment of the Ordinary, having a Teftimonial thereof under the faid Ordi- naries Seal, fhall not for the fame Offence eftfoons be convented before the Juftices ; and likewife receiv- ing for the fajd firft Offence Punifhment by the Juftices, he fhall not for the fame Offence eftfoons receive Punifhment of the Ordinary ; any Thing contained in this Aft to the contrary notwithftanding. This Statute was confirmed by 5 & 6 Ed. 6. c. 1. and repealed by 1 M. fed'. z. c. 2. which Ac"! of 1 M. is repealed by 1 Eliz. c. z. and 1 Ja. 1. c. z8. §. 4S. and this Aft fo far as it relates to the Church is made perpetual by 5 Annae, c. 5. Farther Provifions relating hereto, 1 M. fejf. z. c. 3. 1 EL c. 1. 13 El. c. it. 33 El, c. 1, 13 & Gar. z. c. 4. 15 Car. z. c. 6. 1 W. cj M. Jlat. 1. c. 18. and 23 Geo. z. c. zS. 18 H. 6. e. 18 & 19. Captains and Soldiers not do- ing their true Service, and aeglefting their Offices, (hall be jpunifhed. C A P. II. An Ad for the Reformation of Captains and Soldiers ferving in the Wars. HERE before this Time divers of the King's Majefties loving and obedient Subjefts according! their bounden Duties, have affigned, appointed and fent forth, as well into the Parts beyond til ' Seas and to the Seas, as alfo into Scotland and other Places, divers Times both within this Realm and wit! ' out this Realm, many able Perfons or Soldiers well furnifhed with good Horfes and Harneffes meet ' ferve the King in Wars, to their great Charges and Cofts ; yet fome of the faid Soldiers fo fent to ferv ' contrary to their faid Mafters Expectation, and contrary to their bounden Duties to the King's High ' nefs, have fold, loft, exchanged or altered their Mafters Horfe and Harnefs, or otherwife by Deceit c '. Covin converted the fame ; by Mean whereof the King's Highnefs hath not only been deftitute of th ' fame Soldiers in Time of Need, but alfo the Owners of the faid Horfes and Harnefs, who fent the ' thither, have been untruly deceived of their Horfes and Harneffes, being thereby lefs able to re-furnif ' II. And fometimes the Captains of fuch Soldiers departed have demanded, had and taken of the King's ' Highnefs Wages for the fame Soldiers fo departed, by Mean whereof the King's Majefty hath fuftained 1 the Difpleafure of the King, and to the great Charge of the poor Subjefts being commanded to fet forth ( fuch Soldiers :' III. For Remedy whereof, be it enafted by the King our Sovereign Lord, with the Affent of the Lords Spiritual and Temporal, and the Commons, in this prefent Parliament affembled, and by the Authority of the fame, That if any Soldier hereafter ferving the King in his Wars in any his Dominions, or on the Seas or beyond the Seas, or in Scotland, after the firft Day of April next coming, do fell, give away or wil- &VPh. &M. fyHy purloin, or otherwife exchange, alter or put away any Horfe, Gelding or Mare, or any Harnefs, c 3| ' ' wherewith he fhall be fet forth ; that then every fuch Soldier fo offending, upon due Proof or Teftimony to be taken before the Lieutenant, High Admiral, the King's Deputy, Vice-Admiral, Warden or Captain, and. in their Abfcnce before any. of their Deputies, fhall be imprifoned by the fame Lieutenant, or any other before named, there to remain without Bail or Mainprife until he have fatisfied to the Party, Owner of the Horfe, Gelding, Mare or Harnefs fo by him fold, purloined, exchanged, wilfully loft, altered or otherwife made away. IV. And if fuch Soldier fo offending fortune to efcape from the Lieutenant, and other the forefaid Per- fons, without the Punifhment and Reftitution aforefaid, that then the fame Soldier, upon Complaint made by the Party grieved, or his Executors or Adminiftrators, upon due Proof thereof to be made to any Juftice or Juftices of Peace, in the Parts where fuch Soldiers fo offending fhall be found, fhall be by fuch Juftice or Juftices committed to Ward, there to remain without Bail or Mainprife until he have fatisfied the Party grieved, his Executors or Adminiftrators, of and for fuch Horfes, Geldings or Mares, and Harnefs fo by any fuch Soldier wilfully loft, exchanged, altered or otherwife purloined. A Remedy if the V. Provided alway, That if the faid Soldier bring any fufneient Warrant or Teftimony before the faid Horfe or Har- Juftice from the faid Lieutenant, or of any of the Perfons above named, in Writing under the Seal of any nefs be loft, or f them, teftifying that the fame Horfe or Harnefs were loft in the King's Service againft the Will of the appointed to j" a jj Soldier, or that the fame Horfe or Harnefs was taken by the fame Lieutenant, or any of the others be- an er. fore named, from the faid Soldier, for any reafonable Refpeft, and appointed to fome other to ferve in the Place and Stead of the faid Soldier ; that then every fuch Soldier not bringing to the Owner the faid Horfe and Harnefs fhall.be difcharged thereof againft the Owner thereof: And that then every fuch Soldier to 4 whom The Penalty of a Soldier that maketh away his H«rfe and Harnefs,
 * other the like Soldiers with Horfes and Harneffes, at fuch Time as they ihall be thereunto commanded by
 * the King's Highnefs :
 * and born great Payments, and yet his Majefty hath not been truly ferved for the fame, not a little to