Page:Ruffhead - The Statutes at Large - vol 2.djvu/558

 516 C. g. Anno quarto U quinto Philippi & Marine. A. D. 1557. Cuftody or Governance, and againft the Will of the Father of fuch Maid or Woman Child, or of fuch- Per - fon or Perfons to whom the Father of fuch Maid or Woman Child, by his laft Will and Teftament, or by any other Act in his Life-time, hath or fhall appoint, affign, bequeath, give or grant the Order, Keeping, Education or Governance of fuch Maid or Woman Child, except fuch taking and conveying away as fhall be had, made or done, by. or for fuch Perfon or Perfons, as without Fraud or Covin be or then fhall be the Maftcr or Miftrefs of fuch Maid or Woman Child, or the Guardian in Socage, or Guardian in Chivalry, of or to fuch Maid or Woman Child. The Penalty for III. And be it further enacted by the Authority aforefaid, That if any Perfon or Perfons above the Age taking a Maid qf xiv. Years fhall from and after the firft Day of April next coming unlawfully take or convey, or caufe ofiTe ?V " YtatS t0 be taken or conveyed, any Maid or Woman' Child unmarried, being within the Age of xvi. Years, outof se ' or from "the Poffeffion and againft the Will of the Father or Mother of fuch Child, or out of or from the Poffeffion and againft the Will of fuch Perfon or Perfons as then fhall happen to have, by any lawful Ways or Means, the Order, Keeping, Education or Governance of any fuch Maiden or Woman Child; that then every fuch Perfon and Perfons fo offending, being thereof lawfully attainted or convicted by the Order and due Courfe of the Laws of this Realm (other than fuch of whom fuch Perfon taken away fhall 2 Med. 12S. hold an y Lands or Tenements by Knights Service J fhall have and fuffer Imprifonment of his or their Bo- dies, by the Space of two whole Years, without Bail or Mainprife, or elfe fhall pay fuch Fine for his or their faid Offence, as fhall be affeued by the Council of the Queen's Highnefs, her Heirs,pr Sueceffbrs, in the Star Chamber at IVeftminJier. The Penalty for IV. And be it further enacted by the Authority aforefaid, That if any Perfon or Perfons, after the faid taking away, de- Day, fhail fo take away, or caufe to be taken away as is aforefaid, and deflower any fuch Maid or Woman flowering or con- Child as Is aforefaid, or fhall againft the Will, or unknowing of or to the Father of any fuch Maid or Wo- monywithT" man Ch'ild, if the Father be in Life, or againft the Will or unknowing of the Mother of any fuch Maid or Woman under Woman Child (having the Cuftody or Governance of fuch Child, if the Father be dead] by fecret Letters, xvi. Years of Meffages, or otherwife contract Matrimony with any fuch Maiden or Woman Child, except fuch Con- A S e< tracts of Matrimony as fhall be made by the Cpnfent of fuch Perfon or Perfons, as by the Title of Wardship fhall then have or be intituled to have the Marriage of fuch Maid or Woman Child ; that then every fuch Perfon or Perfons fo offending, being thereof lawfully convicted, as is aforefaid, fhall fuffer Imprifonment of his or their Bodies, by the Space of five Years, without Bail or Mainprife, or elfe fhall pay fuch Fine for his or their faid Offence, as fhall be affeiTed by the faid Council in the faid Star-Chamber ; (2) the one Moiety of all which Forfeitures and Fines fhall be to the King and Queen's Majefties, her Heirs and Sue- ceffbrs, the other Moiety to the Parties grieved. Who may hear V. And be it further enacted by the faid Authority, That the King and Queen's Highnefs honpurable and determine Council of the Star-Chamber, by Bill of Complaint or Information, and Juftices of Affife by Inquifition or C°c. Car .'46 5. every which Indictment and Inquiiitions, fuch Procefs fhall be awarded and lie, as upon an Indidtment of Trefpafs at the Common Law. The Forfeiture VI. And further be it enacted by the Authority aforefaid, That if any Woman Child or Maiden, being of a Woman above the Age of twelve Years, and under the Age of fixteen Years, do at any Time confent or agree to Mn'ifwfu^Con 3 " ^" uc ^ P er f° n that fo fhall make any Contract of Matrimony, contrary to the Form and Effect of this Statute, tract? U '■ that then the next of the Kin of the fame Woman Child or Maid, to whom the Inheritance fhould defcend, 3 Mod. 84. return or come, after the Deceafe of the fame Woman Child and Maid, fhall from the Time of fuch Affent and Agreement have, hold and enjoy all fuch Lands, Tenements and Hereditaments, as the fame Woman Child and Maiden had in Poffeffion, Reverfion or Remainder, at the Time of fuch Confent and Agree- ment, during the Life 6f fuch Perfon that fhall fo contract Matrimony : (2) And after the Deceafe of fuch Perfon fo contracting Matrimony, that then the faid Lands, Tenements and Hereditaments, fhall defcend, revert, remain, and come to fuch Perfon or Perfons as they fhould have done in cafe this Act had never been had ne made, other than to him only that fo fhall contrail Matrimony. Orders for Or- VII. Provided always, and be it enacted, That this Act, nor any Thing therein contained, fhall extend j&ans. to take away or diminifh any Liberty, Cuftom or Authority, touching or concerning any Orphan or Or- phans, which now be or hereafter fhall be within the City of London, or any other City, Borough or Town, where Orphans are commonly ufed to be provided for, either by Grant or by Cuftom, but that the Lord Mayor cf the faid City of London, and the Aldermen of the fame for the Time being, and all and every other Head Officer or Officers of any other City, Boroagh or Town, where fuch Orphans be provided See sq El e, a. ^ or ' ^ na ^' an ^ ma y nave anc ^ ta ^ e ^ e ^ u ^9 Order, Keeping and Charge of fuch Orphan and Orphans tjrt-fr'ci'chzy and of all their Lands, Tenements, Goods and Chattels, as heretofore they or any of them lawfully had or ir tiiket moay ufed, or lawfully might have had and ufed, if this Act had not been made. jrvrn principal Of- $7* cap. ix. The Statutes made Anno 22 H. 8. c. 7. Anno 23 H. 8. c. 3 & 17. Anno 24 H. 8. c. 9. Anno 28 H. 8. c. 6, 8, 9. Anno 31 H. 8. c. 7. Anno 35 H."8. c. 17. Anno 37 H. 8. c. 23. Anno 2 h 3 Ed. 6. c. 9. Anno 3 & 4 Ed. 6. c. 19 & 21. Anno 5 & 6 Ed. 6. c. 14. Anno 7 Ed. 6. c. 11. Anno 1 Ma. Sell. 2. c. 12 & 13. Anno 1 & 2 Ph. & Ma. c. 3 & 16. Anno 2 & 3 Ph. & Ma. c. 2, 3, 5. fhall be revived, and made to continue until the laft Day of the next Parliament. EXP. C A P.
 * f 6 Saw 11 " 8 Indictment, fhall have Authority by Virtue of this Act to hear and determine the faid Offences ; (2) upon