Page:Ruffhead - The Statutes at Large - vol 3.djvu/183

 A. D. 1640. Anno declmo lexto Caroli I. C. ir, 135 of lawful Money of England unto any Party grieved, his Executors or Adminiftrators, who fiialJ really profecute for the fame, ami tirft obtain Judgment thereupon, to be recorded in any Court of Record at iVeflminller^ by Adion of Debt, Bill, Plaint or Information, in which no Eiloin, Prote6lion, Wager of I^w Aid Prayer, Privilege, Injunclion or Order of Reftraint iliall be in any wife prayed, granted or allowed nor any more tlian one Imparlance : (3.) And if any Perfon againft whom any fuch fecund Judg- Third Offenccr ment or' Recovery (hall be had as aforefaid, fhall after fuch Judgment or Recovery offend again in the fame Kind and fhall be thereof duly convided by Indidment, Information, or any other lawful Way or Means, that fuch Perfoa fo convidted fliall be from thenceforth difabled, and become by Virtue of this Act in- capable fpfofa^o-, to bear his and their faid Office and Offices refpe^lively ; (4) and fhall be likewife difa- bled to make, any Gift, Grant, Conveyance, or other Difpofition of any of his Lands, Tenements, Here- ditaments, Goods or Chattels, or to takeany Benefit of any Gift, Conveyance or Legacy to his own Ufe. VII. And every Perfon fo offending (hall likewife forfeit and lofe unto the Party grieved, by any Thing Treble Damages' done contrary to the true Intent and Meaning of this Law, his treble Damages which he (hall fullain and to the Party be put unto by Means or Oceafion of any fuch Adt or Thing done, the fame to be recovered in any of his ^"^''^ Majefty's Courts of Record at IVeJiminJler^ by Adlion or Debt, Bill, Plaint or Information, wherein no EfToin, Protedion, Wager of Law, Aid Prayer, Privilege, InjunfJion or Order of Reftraint, flrallbe in any wife prayed, granted or allowed, nor any more than one Imparlance. VIII. And be it alio provided and enafted. That if any Perfon (hall hereafter be committed, reftrained <rf his Liberty, or fbffer Imprifonment, by the Order or Decree of any fuch Court of Star-Chamber, or other Court aforefaid, now or at any Time hereafter, having or pretending to have the fame or like Ju- rifdidion. Power or Authority to commit or imprifon as aforefaid, (2) or by the Command or Warrant • ^ of the King's Majefty, his Heirs or SucceiTors, in their own Perfon, or by the Command or Warrant of the Council-Board, or of-any of the Lords or others of his Majerty's Privy Council ; (3 ) that in every fuch ^"^^f^^^^an- Cafe every Perfon fo committed, reftrained of his Liberty, or fufFering Imprifonment, upon Demand or t "aTy^to this acI: Motion made by his Council, or other employed by him for that Purpofe, unto the Judges of the Court of Avail have an King's Bench or Common. Pleas, in open Court, fhall without Delay, upon any Pretence whatfoever, '^^** '""'"P"'*" for the ordinary Fees ufually paid for the fame, have forthwith granted unto him a Writ oi Habeas Cor-' pus, to be direded generally unto all and every Sheriffs, Gaoler, Minifler, Officer or other Perfons in •whofe Cuftody the Party committed or reftrained fhall be, (4) and the Sheriffs, Gaoler, Minifler, Of- ficer or other Perfon in whofe Cuffody the Party fo committed or reftrained fhall be, fhall at the Return qf the faid Writ, and according to the Command thereof, upon due and convenient Notice thereof given unto him, at the Charge of the Party who requireth or procureth fuch Writ, and upon Security by his own Bond given, to pay the Charge of carrying back the Prjfoner, if he ihall be remanded by; the Court to which he fhall be brought, as in like Cafes hath been ufed, fuch Charges of bringing up and carrying back, the Prifoner to be always ordered by the Court, if any Difference fhall arife there- j about, bring or caufe to be brought the Body of the faid Party fo committed or refirained unto and before I the Judges or Juftices of the faid Court from whence the faid Writ fhall ifHie, in open Court, (5) and j fliall then likewife certify the true Caufe of fuch his Detainer or Imprifonment, and thereupon the Courts I within three Court-Days after fuch Return made and delivered in open Court, fhall proceed to examine 1 and determine whether the Caufe of fuch Commitment appearing upon the faid Return be jufl and legal, j ©r not, and fhall thereupon do what to Juflice fhall appertain, either by delivering, bailing or remand- ing the Prifoner : (6) And if any Thing fhall be otherwife wilfully done or omitted to be done by any Judge, Juflice, Officer or other Perfon aforementioned contrary to the Direcfion and true Meaning i hereof, that then fuch Perfon fo offending fhall forfeit to the Party grieved his treble Damages, to be Treble Damaga I recovered by fuch Means, and in fuch Manner as is formerly in this Adt limited and appointed for the-'" °*'^^"^'' like Penalty to be fued for and recovered. IX. Provided always, and be it enaded, that this Adl and the feveral Claufes therein contained fhall Towhat Courts be taken and expounded to extend only to the Court of Star-Chamber, (2) and to the faid Courts holden this Aft ihaU before thePrefident and Council in the Marches oi Wales, (3) and before the Prefident and Council in*"'*"**' the Northern Parts, (4) and alfo to the Court commonly called the Court of the Duchy of La?icafter, holden before the Chancellor and Council of that Court, (5) and alfo in the Court of Exchequer of the County Palatine of Chejler, held before the Chamberlain and Council of that Court, (6) and to all Courts of like Jurifdidf ion to be hereafter ereffed, ordained, conftituted or appointed as aforefaid ; and- to the Warrants and Diredfions of the Council-board, and to the Commitments, Reflraints and Impri- fonments of any Perfon or Perfons made, commanded or awarded by the King's Majeffy, his Heirs or Succeffors, in their own Perfon, or by the Lords and others of the Privy Council, and every one of them. X. And lafdy provided, and be it enadled. That no Perfon or Perfons fhall be fued, impleaded, mo- o^«"''*':« »- lefted or troubled for any Offence againfl this prefent Adf, unlefs the Party fuppofed to have fo offended iiaiile^m^^ Ihall be fued or impleaded for the fame within two Years at the moft after fuch Time wherein the faid pleaded within Offence fhall be committed. two Years afcei. C A P. XL anyOifence. A Repeal of the Branch of a Statute primo Elizabeths, Goncerning Cominifrioners for Caufes Eeclefiafticah ' to the Crown the antient Jurifdiiiion over the State Eccleftajiical and Spiritual, a?id aboliflmig all foreign ' Foiver
 * ^^/"^^^-^^^ '"^ *^^ Parliament holden in the firft Year of the Reign of the late Queen Eliza- 3 Eliz. c. i. feii.
 * W beth late Queen of England, there was an Adt made and effablifhed, intituled, Ati Aa rejloring '^•■