Page:Ruffhead - The Statutes at Large - vol 2.djvu/552

 t;o2 C. 3. Anno quarto & quinto Philippi & Marije. A. D. 1557. determine every of the faid Offences committed or done contrary to this Aft, within the Precincts of their Commiflion, Lett or Liberty : (2) And if any Perfon or Perfons fnall be, before the faid Juftices of Aifife, juftices of Peace, or any of them, prefented or indicted of any the Offences aforefaid, that then the faid Juftices of Affifes, or Juftices of Peace before whom fuch Indictment or Prefentment fhall be taken or had, fhall and may by the Authority of this Act award fuch Procefs againft every fuch Perfon or Perfcns fo in- dicted, as upon Indictments of Trefpafs is ufed and accuftomed to be made : (3) And if any fuch Perfon or Perfons fo indicted do appear before the faid Juftices, and confefs the fame, or plead to the fame Indict- ments, and after by Verdict of twelve Men fhall be of any the faid Offences contained in fuch Indictment or Indictments convicted, that then the faid Juftices before whom any fuch Conviction {hall be fo had, fhajl and may award fuch Perfon or Perfons fo convicted unto Prifon, there to remain without Bail or A'lain- prife, until fuch Time as he or they have payed or fatisfied the Moiety of the Forfeiture aforefaid, unto the King and Queen's Majefties Ufe, and the other Moiety thereof unto him or them that {hall come before the faid Juftices, and give Evidence againft the Party to be convicted at the Time of the faid Conviction, and by whofe Evidence he {hall be of the faid Offence convicted : (4) And if any fuch Conviction fliall be had without any Evidence openly given by any Perfon or Perfons, that then the Party convicted, as aforefaid, fhall remain in Prifon, as is aforefaid, until he have fatisfied the whole Forfeiture to the King and Queen's Majefties Ufe. VI. Provided always, and be it further enacted by the Authority aforefaid, That if any the Offences aforefaid touching Captains, Petty Captains or other having Charge of Men, fhall be committed during the Time that any Army or Number of M?n being under a Lieutenant, fhall be aflembled and continue together, or by any Captain, Petty Captain or other having Charge of Men, that fhall ferve under any Lord-Warden or other Chieftain, that then upon Complaint thereof the Lord Lieutenant, or the Lord Warden, or other Chieftain, during the Time of any his or their Commiflion, fhall and may hear, order, and determine the fame Offences, by bis or their Difcretions. Service in Re- ' VII. Provided always, That this Act, nor any Thing therein contained, fhall not in any wife extend fpect of Tenure to take away or difcharge any Tenant or 1 ermor of his Service or Covenant toward his Lord, f. r the of Land. Finding of Horfe, Armour or Weapon, or for doing of Service by himfelf, or by any other, which by Te- nure of his Land otherwife is bounden to do before the Making of this Act; but that he fhall yield, do, and pay the fame in as ample Manner and Form as though this Act had never been had or made. VIII. Provided alio, and be it further enacted by the Authority aforefaid, That if any fuch Captain, Petty Captain or other, having Charge of Men, as is aforefaid, fliall be at any Time hereafter convicted, or ordered by Virtue of this Act, for any of his Offences aforefaid, that then the fame Captain, Petty Cap- tain cr other, having Charge of Men, as is aforefaid, fo convicted, fhall not otherwife or eftfocns be vexed, troubled, convicted or fued, for the fame Offence, whereof he {hall be fo before convicted or ordered. A Revivor of ' ^- And where one Branch or Article contained in the Statute made in the fecond and third Year of the the Statute of ' Reign of the late King Edward the Sixih, intituled, An Act touching the true Service of Captains and Sol- 2 & 3 £d. 6. C. : 2. Offences com- mitted during the Time of Service. He that is once conviaed fhall not he again troubled. 2 Sc 3Ed.6.c. 2 What Relief of Friends or Te- nants may he taken toward Service in War, and eftablifhed by the Authority of this prefent Parliament, That the faid Brunch or Article, and every Sentence and Matter therein contained, be from henceforth wholly revived and recontinued, and be and! remain in full Strength and Effect, to all Intents, Conftructions and Purpofes, the faid Act of Repeal not- withftanding: (3) And that all and every other Article, Claufe, Provifo an i Matter contained in the fame Act, fhall ftana, remain and be in their full Force, Effect, and Strength ; any Thing in this Act contained to the contrary notwkhftanding. ' X.. And yet neverthelefs where in the faid Act it is provided, That no Perfon or Perfons fliould be charged for the Ta: ing or P.ecei ving of any Gift or P.eward of any of his or their Tenants or Friends towards the Re- lief, Aid or Help of the fame Perfons being commanded to ferve in Wars, or otherwife to find Men en ' Horfeback or on Foot, within this Realm or without; (2) nor for the Gift, Reward, Aid or Kelp referved, ' or covenanted to be paid cr given to any Perfon appointed to ferve in Wars, or to find Horfe or Men to ferve, by Reafon of any Grant, Covenant, E.efervation, Cuftom or Tenure ; any Thing in the faid Act to ' the contrary notwithftanding,'as by the faid Act and Provifo more plainly it doth and may appear :' (3) Be it enacted by the Authority of this prefent Parliament, That no Perfon or Perfons fliall or may by Colour of the faid Provifo, or of any Words or Matter therein contained, exact or demand, or levy any Sum or Sums loft or confumed in the faid Service, {hall be rendred and reftorcd to fuch Perfon or Perfons as payed or deli- vered the fame, upon the Penalties and Forfeitures contained in the faid Act. Inhabitants in XI. Provided always, That no Perfon or Perfons inhabiting within any City, Borough or Town Cor- Cities, Boroughs porate,. being a County of it felf, or in which any Juftices of Peace be or hereafter fhall be by Charter, mail °'orate W jnairbe compellable by Virtue of this Act to make his or their Appearance with fuch Furniture as is aforefaiJ, at muttered only any Mufter hereafter to be had or taken out of the Suburbs, Precinct or Liberties of the fame City, Borough wiihm the fame, or Town, nor before any Perfon or Perfons authorifed by Commiflion or otherwife, as is aforefaid, unlefs the 4
 * the firft Year of the Queen's Majefty's Reign :' (2) Be it for good and reafonable Confiderations enacted