Page:Ruffhead - The Statutes at Large - vol 3.djvu/145

 A. D. 1623. Anno vicefimo primo Jacobi I. C. 8. 97 II. For Remedy whereof, Be it enafled by the Authority oF this prefent Parlmmeht, That all ProeefS Frccefs and Profecution of any fliall be fo granted or awarded, upon Motion firfl. made before the Judge or Judges of the fame Courts "ot he grnnted refpedlively, fitting, in open Court, and upon Declaration in Writing, upon their Corporal Oaths, to be in openCoun'"" then exhibited unto them, by the Parties which fhall defire fuch Procefs, of the Caufes for which fuch Certionnes ihaU Procefs fliall be granted or awarded, by or out of any the- faid Courts refpe6tively, and unlefs that fuch "°{ertl;T'^''' Motion and Declaration be mentioned to be made upon the Back of the Writ; the faid Writings there "iiUewiMbe to be entred and remnin of Record: (2) And that if it Ihali afterwards appear unto the faid Courts or ei- hound top:iy ther of them refpedively, that the Caufes exprefled in fuch Writings or any of them be untrue; that^""*- then the Judge or Judges of the faid Courts or either of them refpedively, fhall and may award fucli Colls and Damages unto the Parties grieved, for tlieir or any of their wrongful Vexations in that Behalf, as they (hall think fit : And that the Party or Parties fo offending fhall and may be committed to Pri- fon by fuch Judge or Judges, until he or they pay the faid Cofts and Damages. (3 ) ' And whereas divers .* or imprifon the Parties aforefaid for the Caufes abovefaid ; by Means whereof the faid turbulent and III. Be it therefore enadted by the Authority aforefaid. That all Writs of Superfedeas aft^r the End of this prefent Seffion of Parliament, to be granted by or out of either of the Courts aforefaid, fhall be void and of none EffecfV, unlefs fuch Procefs be granted likewife upon Motion in open Court tirft made as aforefaid, and upon fuch fufficient Sureties, as fhall appear unto the Judge or Judges of the fame Court. Tefpedlively upon Oath, to be affeffed at five Pounds Lands, or ten Pounds in Goods, in the Subfidy- Book, attheleaft; (2) which Oaths, and the Names of fuch Sureties, with the Places of their Abode, and where they ftand fo affefTed in the Subfidy-Books, fhall be entred and remain of Record in the fame Courts: (3) And unlefs it fhall alfo firft appear unto the faid Judge or Judges, from whom fuch Superfedeas is delired. That the Procefs of the Peace, or good Behaviour, is profecuted againft him or them, defiring fuch Superfedeas bona fide, by fome Party grieved, in that Court o^t of vyhich inch. Super- fedeas is defired to be fo awarded and direiled. ' IV. And whereas divers lewd and evil-difpofed Perfons, commonly called common Bailers or March 17, ' felTed at high Rates in the Subfidy-Books, and fometimes do falfly take upon them the Names of other ' fmall or no Ability or Worth, are ready for Lucre and Gain to become bound by Recognifance as t Sureties for fuch Perfons as flnall procure themfelves to be bound to the Peace or good Behaviour as •, y. Be it further enadted by the Authority aforefaid, That the Judge or Judges of the Courts aforefaid Falfe Sureties refpedively, orof either of them, uponProof of any the Mifdemeanors aforefaid, to be committed in the P^?^)|,^^'^f°^y'.^j' olataining of the aforefaid Writs of Superfedeas, or procuring fuch Surety as aforefaid, Ihall and may like- Sf'siiperfedes's wife punilh the falfe and infufficient Sureties and Bailers aforefaid, and the Procurers thereof, according ftia" be puniflied to their Difcretions, fo as fuch Punifliment extend not to the Lofs of Life or Member. ^^ ttw Juaues,. ,._' VI. And whereas divers Bills of Indidments of Riot, Forcible Entry, or of Affaalt and Battery, be- ■* ing found before the Juftices of Peace at their Quarter-SelFions of the Peace or otherwife, are oftentimes ' removed from the Counties where fuch Indictments are found, by Writs of Certiorari unto them direfted ' out of the faid Courts, by or by the Means of the Perfons fo indided, who well know that few or no ' Perfons grieved by fuch their Outrages and Mifdemeanors whereof they ftand io indicted, will undergo I ' the Travel or Charge of Profecution of (uch Indidtments fo removed, by bringing the Parties fo indiited, ' to Trial ; by Means whe-eof, fuch Offenders for the moft part efcape unprofecuted and unpuniftied, < * and the King lofcth the Fines which ought and fhould have been impofed upon them, if fuch Indict- I ments had been profecuted, and not removed :' Certiorai le^ fli.-.U I ' VII. Be it therefore ena61ed. That all fuch Writs oi Certiorari fhall from and after the End of this pre- ""[ f^t't,'|,T''* I feiit Seffion of Parliament, be delivered at fome Qiiarter-Selfions of the Peace in open Court : (2 ) And that dialc will bl'- the Parties indided (hall before the Allowance of fuch Certioraries become bound unto fuch Perfon or Per- comeb.juad to
 * from the faid Courts, to their intolerable Trouble and Vexatlori, whereas they nnight upon good
 * Caufe (hewed receive Juftice at the Hands of tlie Juftices of the Peace in the Counties where they
 * dwell ;'
 * turbulent and contentious Perfons, defervedly fearing to be bound to the Peace or good Behaviour by
 * the Juftices of Peace of the Counties where they dwell, do oftentimes procure themfelves to be bound
 * to the Peace or good Behaviour in the faid Courts or one of them, upon infufficient Sureties, or upon
 * colourable Profecution of fome Perfon or Perfons, who will be ready at all Times to releafe them at
 * their own Pleafure ; whereupon his Majefty's Writs of Superfedeas are oftentimes direfted to the Ju-
 * ftices of Peace and other his Majefty's Officers, requiring them and every of them to forbear to arreft.
 * contentious Perfons mifdemean themfelves amongft their Neighbours with Impunity, to the great Of-
 * fence and Difturbance of their Neighbours amongft whom they converfe and live, and to the Affront
 * of the Juftices of Peace, and to the evil Example and Encouragement of like evil-difpofed Perfons:'
 * Knights of the Pofl, being bafe and beggarly Perfons, do oftentimes procure themfelves to be af- h'- ^3-
 * Men of good Ability, of Purpofe to enable themfelves to be accepted for Bail, which Perfons being of
 * aforefaid; by Means whereof the Judge or Judges of the faid Courts not knowing them, may be eafily
 * abufed and Juftice deluded:'
 * Ions which lliall profecute fuch Bills of Indidtment againft them, in the Sum of ten Pounds, with fuch fuf- P^J;' ^^°.^*;o^j

' dition to pay unto the laid Prolecuiors of fuch Bills of Indictment, within one Month after the ConvicStion Certioraiics, of fuch Parties indifted, fuch reafonable Cofts and Damages as the faid Juftices of Peace of fuch Counties '3^& ]^"^ *• Vol. Ill, O where ^1 car. ;] c.'u, lea, 4.
 * ficient Sureties as th.e Juftices of Peace at their faid Quarter-Seffions of the Peace Ihall think fit, with Con- f,onsre'iadng'to