Page:Ruffhead - The Statutes at Large - vol 2.djvu/695

 A. D. 1585. Anno xxvii Rc<»inae F1.17 aef.tw .*. C. 1 3. 64$ qneft, Jury or Talcs, or to intermeddle with Execution of Pi or they intermeddle with any further Execution 1 before the Pcrfon or Perfons appointed by this A< t to mini Place, if it be a Town Corporate, changing only tin Word the' in the Oath exprefled in this Aft, tofucjiWord a ai which the Party which taketh the O f2)Andil i . the Oath aforefaid, da tak upon him to in pai with the Execution ol Pro 1, nol having before u| lofe and forfeit the Sum of forty Pound • 0] current Englljh -. : Sovereign Lady the Queen, the othei Moii ty to him <>t them th il V. And be it further enafted by the Autl mentioned in this Aft, or any of them, at any lime and Times, fron the laft Day of this prefent Scffion of Parliament, fhali do oi commit anj aforefaid, or either of them, or contrary to the t! Perfon fo offending fhall forfeit and lofe for every fu< h I '.'icr treble Damages : (2) All which fevcral Forfeituri prefent Act, be recovered, had and levied by Action of 1 ). '. t, Bill, Plaint oi tion, in any of the Queen's Majcity's Courts of Record ; in which Actions, Suit-;, Plaints or Information, no Wager of Law, Eflbin or Protection (hall be allowed. wh»t offictn VI. And be it further enafted by the Authority aforefaid, That the Jufticci of Affizc, and Jufticcs of - Peace in their open Seffions, (hall have full Power' within the Limits of their Authority, to hear and deter- mine the Defaults done contrary to this Aft, as well by Prefcntment and In for nation as Indictment ; (2)^ and upon Conviction of the Offenders, to award Execution for the Levying of the Forfeitures ..: Fieri facias, or by Attachment, Capias or Exigent. 29 El, c, 4. 21 Jjc. 1. c. 5. 13 Sf 14 Car. 1. c. 21, 3 Gto, I. e. 15. 6 Ci,, 1. c. 2:. §. 53. 20 C7.;. 2, t. 37. 14 Ct.. 2. c. 4S. ur~ 31 o'j:. z. .. 14. CAP. XIII. An Aft for the following of Hue and Cry. HERE AS by two ancient Statutes, the one made in the Parliament holden at U~nch<'fier in the Hoe - thirteenth Year of the Reign of King Edward the Firft, and the other in the eight and twentieth 11 ■>• » rd b r 4 Year of the Reign of King Edward the Third, it was for the better Repreffing of R bberies and Felonies ub ^ m "> bc ' famongft other Things) enacled to this Effect, That if the Country do not anfwer for the Bodies of fuch ' Malefactors, that then the Pain fhould be fuch, that is to wit, That the People dwelling in the Count | ' (hall be anfwcrable for the Robberies done, and the Damages, (2) fo that the whole Hundred where the •-■ ' Robbery (hall be done, with the Franchifes which arc within the Precinct of the fame Hundred, fhali anfwer ■ r ' : - c both the Hundreds together, with the Franchifes within the Precinct of them, (hail be anfwerablc, as inTI irg antWering tor R I ' II. Forafmuch as the faid Parts of the faid fevcral Statutes being of late Days more commonly put in. ' Execution, than heretofore they have been, are found by Experk-ncc to be very hard and extreme to marry 1 ' Scope of Negligence is given to the Inhabitants and Rcfiants in other Hundreds and Counties, not to pro-i ,-. ' fecute the Hue and Cry made, followed, and brought unto them, by reafon they are not chargeable for ' any Portion of the Gooels robbed, nor with any Damages in that Behalf given, (3) and alio great Kncou- ' Franchifes wherein the Robbery is committed, to apprehend them without the Aid oi the other 1 fun (5) Our Sovereign Lady the Queen's Majefty, n .t willing then, fo
 * the Robberies done ; (3) and if the Robbery chance to be clone in the Divlfion of two Hundreds, that the:-,
 * the faid two fevcral Statutes it doth more at large appear :
 * of the Queen's Adajefty's good Subjects, becaufe by the fame Statutes they do remain charged with the'
 * Penalties therein contained, notwithstanding their Inability to fatisfy the fame, and though they do as
 * much as in Reafon might be required in puriuing fuch Malefactors and OfFendi rs, (2) whereby both large ^
 * ragement and Emboldening is likewife given unto the Offenders, to commit daily more Felonies and
 * Robberies, as feeing it in Manner impoflible for the Inhabitants and Reftants of the (aid Hundred
 * and Counties adjoining; (4) and for that alfo the Party robbed having Remedy by the aforefaid Statutes
 * for the Recovering of his Goods robbed and Damages againft the Inhabitants and Rcfiants of the Hundred
 * wherein the Robbery was committed, is many Times negligent and carelefs in profecuting and piurfuii
 * W

the faid Malefactors and Offenders ,.jat her People fhould be impovcn(l„_ them, and having fpecial Regard to abate the Power of Felons, and to reprefs Felonies, (6) doth ; ' ■3-/-*S» medy hereof, with the Content of the Lords Spiritual and Temporal, and of the Commons in this prefent Parliament affembled, and by the Authority of the fame Parliament, eftabliih and enact. That ri ■ tants and Refiants of every or any fuch Hundred (with the Franchifes within the Preciaft '' Negligence, Fault or Defect of Purfuit and frefh Sui:, after Hue and Cry made, (hall happpa to be, from and after forty Days next after the End of this prefent Setubn of Parliament, fhall anfwer and fatisfy the,;. one Moiety or Half of all and every luch Sum and Sums of Money and Damages, as (hall by Force Virtue of. the faid Statutes or either of them bo recovered or had againft or of the faiduHundred, with lhc r ** 1 Franchifes therein, in which any Robbery or Fe'.o.uv ihall at any Time hereafter be coran itta (a) And that the fame Moiety fhall and niayibfe recovered by Aftion of Debt, Bill, Plaint r Information, >bery and, B ■. ovexj in any of the Queen's Majefty 's Courts of Record at We/biurt/ier, by and in the Name of the CI. : Jf.tace for the Time. being, of or. in ..every fuch County within this_Realm, where any luch Robb I r*ce.