Page:Ruffhead - The Statutes at Large - vol 9.djvu/590

116 aforesaid, that then he or they and every of them so vexed or troubled, of and for the same, to have an Action upon the case against every such person or persons, so vexing or troubling any contrary to this Ordinance and provision, in the which Action the partie grieved shall recover treble damages and costs. And that no Protection, Essoine, nor wager of Law in the said Action in any wise be admitted or received.

E it inquired for our Soveraigne Lord the King, that whereas at the Parliament holden at Crokerentor, before Thomas Denis, deputie to sir Henrie Marnie Knight, Warden of the Stemerie, the fourteenth day of September, the second yeere of the reigne of King the eight: It was ordeined, established, and enacted, that (from the day asoresaid) it shal be lawfull for every man to digge Tinne within the Countie of of Devonshire, in all places whereas Tinne may be founde. And also to carrie the water to their workes without any let or trouble of any person or persons, according to our usages and confirmations of our Charter, and according to our custome out of minde. And if any person or persons let, trouble, or vexe any man to digge Tin, or to carry water for the same, contrary to our olde custome and usage, and if it be founde by the verdict of twelue men at the law day, he that so letteth, vexeth or troubleth any such person or persons shall fall in the penaltie of fortie poundes as oft as he so vexeth or troubleth: the one halfe to my Lord Prince, and the other halfe to him that was so letted, vexed, or troubled, And a Fieri facias to be awarded, aswell for my Lord Prince as for the partie, if one Richard Strode of Plimton Tinner, at the Parliament holden at Westminster the fourth day of Februarie last past, letted, vexed, and troubled one William Read the yonger, and Elis Elford Tinner, and all other Tinners in the same Parliament for digging of Tinne in the severall soile of the said Richard and other persons contrary to this our Act made.'

HERE among other things it was considered by the whole Court of Parliament of our most excellent Soveraigne Lord the King, holden in the fourth yeere of his noble reigne, that murderers and felons, lawfully arreigned of their detestable offences, bare them bold upon imagining and pleading of fained and untrue forren pleas, triable in forren counties, to the intent to be removed from place to place by colourable and untrue suggestions, and for to be untruly acquit by favor, might or corruption, so that they hued in a maner without feare or dread: for reformation whereof, and for the commonwealth of this realme, it was enacted by authority of the said Parliament, that if any murderer or felon upon his arreignement fro' thenceforth did alledge, that he had taken any Church or Churchyard for murder or felonie, or other place privileged for the same in a forren couniie, & against his wil was taken out therof: that then the Kings atturnie, or any other person that would sue or alledge for the King, that the said murderer or felon so arreigned, was taken at large in the same Shire, where he is arreigned, that then the same allegeance and issue should be tried by the inquest that should trie the said murder or felonie within the same Shire, and before the same Justices where the said murderer or felon is arreigned, as though the said forren plea had not beene pleaded by the said Felon. And that if it were found by the same inquest, that the said murderer or felon was taken within the same Shire, as is aforesaid, that then he to have no advantage or benefit of the matter alleadged by him for taking out of the Church or Churchyard, or other place priviledged in any forren Shire, and that the said Act should endure to the next Parliament from thence insuing, as by the same Act made in the said fourth yeere manifestly appeareth. And forasmuch as since the time of expiration of the said Act made in the said fourth yeere many abominable murders, as well of Priests as of other persons, robberies of Churches, and robberies of persons in their houses, as well by day as by night, and other most detestable murders and felonies have been committed &: done within this Realm: and the more and more often because that the said statute hath bin expired and ended from and since the beginning of the Parliament of our said Soveraigne Lord, holden in the sixt yeere of his most noble ' reigne:" It is ordained and enacted by authoritie of this present Parliament, that the said Act made in the said fourth yeere, and every thing therein contained, concerning the said forren pleas and replications thereunto be made, and trials thereof shall now be revived, and shall stand in full force and effect, and shall continue and endure from hencefoorth for ever, as if the same Acte had been originally made perpetuall and not determinable. Anno