Page images
PDF
EPUB

holden and kept from the beginning to the end thereof not adjourned, and proclamations therein made according to the form and effect of the said statute. Certain fine* III. Provided always, That this act shall not in any wife to which this extend to any fine heretofore levied of any manors, lands, teriestatute (hall rnents or hereditaments, now in suit demand or variance in any no ex en . o^ t^e Queen's courts, or whereof any charters, evidences or minuments concerning the fame be now in demand in the Queen's high court of chancery; (2) nor to any fine or fines heretofore levied of any manors, lands, tenements or herediditaments, which before the first day of this present parliament have been recovered, gotten or obtained, by reason of any judgment, entry, decree, arbitrament or other lawful means, contrary to the purport, intent or effect of any such fine or fines thereof heretofore levied.

CAP. VIII.

An acl that Jheriffs Jhall not he justices of pace during that

office.

Ns sheriff shall

be justice of

peace where

or when he is

steriff.

x Ed. 6. c. 7.

» Bulstr. 8.

w

HERE in one ail of parliament, intituled, An act for the continuance of actions after the death of any King, made in the first year of our late sovereign lord King Edward the Sixth, amongst other things it is ordained and enailed, That albeit any person or persons being justice of ajjize, justice of gaol-delivery , or justice of peace, within any of the King's dominions, or being in any other of the King's commissions whatsoever, jhall fortune to be made duke, archbijhop, marquess, earl, viscount, baron, bijhop, knight, justice of the one bench or of the other, or serjeant at the law or sheriff, yet that notwithstanding he and they Jhould remain justice and commissioner, and have full power and authority to execute the fame in like manner and form as he or they might or ought to have done before the fame, as in the said ail more plainly appeareth: (2) Sithence the making of which ail, divers persons being in commission of the peace in one county, have been made sheriff's of the fame county, and have exercised either os the said offices; which feemeth not to be convenient:

II. Wherefore be it enacted by the authority of this present parliament, That no manner of person or persons having, using or exercising the office of the sheriff of any county or counties, shall use or exercise the office of the justice of the peace, by force of any commission or otherwise, in any county or counties where he or they shall be sheriff, during the time only that he or they shall use or exercise the said office of sheriffwick; any thing in the said former act to the contrary in any wise notwithstanding. And that all and every act and acts to be done by any such sheriff and sheriffs by authority of any commission of the peace, during the time abovesaid, shall be void and of none effect; the said former act notwithstanding.

CAP.

CAP. IX.

An ail touching the corporation os the physicians in London.

WH E R E A S in the parliament holden at London the fifteenth day of April in the fourteenth year of the reign of our late sovereign lord King Henry the Eighth, and from thence adjourned to Westminster the last day 0s July in the fifteenth year os the reign of the same King, and there holden, it was enacled, That a certain grant by letters patents of incorporation made and granted by our said late King to the physicians of London, and all clauses and articles contained in the fame grant, Jbould be approved, granted, ratified and confirmed by the fame parliament:

II. For the consideration thereof, be it enacted by the au- A confirmsthority of this present parliament, That the said statute or acttlon°f>+&'J of parliament, with every article and clause therein contained,H' i:c' S", shall from henceforth stand and continue still in full strength, corporanon^f force and effect; any act, statute, law, custom or any other physicians of thing made, had or used to the contrary in any wise notwith- London, standing.

III. And for the better reformation of divers enormities hap-" pening to the commonwealth by the evil using and undue administration of physick, and for the enlarging of further articles for the better execution of the things contained in the said grant enacted;

IV. Be it now therefore enacted, That whensoever the president Whosoever of the college, or communalty of the faculty of physick offoall becomLondon for the time being, or such as the laid president and J?1'"^'?pri" college shall yearly, according to the tenor and meaning of the president of said act, authorize to search, examine, correct and punish all the college of offenders and transgressors of the said faculty, within the same physicians in city and precinct in the said act expressed, shall send or com- London, (hall mit any such offender or offenders for his or their offences or an/k^pt* disobedience contrary to any article or clause contained in the thereby, said grant or act, to any ward, gaol or prison within the same

city and precinct (the tower of London except) That then from time to time the warden, gaoler or keeper, wardens, gaolers or keepers of the wards, gaols and prisons within the city or precinct aforesaid, (except before excepted) shall receive into his or their prisons all and every such person and persons so offending, as (hall be so sent or committed to him or them, as is aforesaid; (2) and there shall safely keep the person or persons so committed, in any of their prisons, at the proper costs and charges of the said person or persons so committed, without bail or mainprise, until such time as such offender or offenders, or disobedient, be discharged of the said imprisonment by the said president and such persons as by the said college shall be thereunto authorized; (3) upon pain that all and every such warden, gaoler, The offenders and keeper, doing the contrary, shall lose and forfeit the double forfeiture, and of such fine and amerciament as such offender and offenders, j^andbywhat or disobedients, shall be assessed to pay, by such as the said m'ean«.

president

Searching

apothecary

wares.

3»H. 8. c. 40.

See id Geo. 1.

c. 20. s. 2.

The penalty
for relisting
the search
of apothecary
wares.

Other magi-
strates (hall
assist the phy-
sicians in their
search.

president and college shall authorize as aforesaid, so that the same fine and amerciament be not at any one time above the sum of xx. li. the moiety thereof to be employed to the use of ©ur sovereign lady the Queen, her heirs and successors, the other moiety unto the said president and college: (4) all which forfeitures to be recovered by action of debt, bill, plaint or information in any of the Queen's, her heirs and successors courts of record, against any such warden, gaoler or keeper so offending; in which suit no essoin, wager of law nor protection shall be allowed ne admitted for the defendant.

V. And further be it enacted by the authority aforesaid, for the better execution of the search and view of poticary wares, drugs and compositions, according to the tenor of a statute made in the xxxij. year of the reign of the said late King Henry the Eighth, That it shall be lawful for the wardens of the grocers, or one of them, to go with the said physicians in their view and search, that if the said warden or wardens do refuse or delay his or their coming thereunto forthwith and immediately when the said president or four of his college elect as aforesaid do call upon him or them, that then the said physicians may and shall execute that search and view, and the due punishment of the poficaries for any their evil and faulty stuff, according to the statute last before mentioned, without the assistance of any of the said wardens; any clause in the afore named statute to the contrary hereof notwithstanding. (2) And every such person or persons as will or shall resist such search, shall forfeit for every such resistance ten pound; the same penalty to be recovered in form aforesaid, without any of the delays aforesaid to be had in suit thereof.

VI. And further be it enacted, That all justices, mayors, sheriffs, bailiffs, constables, and other ministers and officers, within the city and precincts above written, upon request to them made, shall help, aid and assist the president of the said college, and all persons by them from time to time authorized for the due execution of the said acts or statutes, upon pain for not giving of such aid, help and assistance, to run in contempt of the Queen's majesty, her heirs and successors.

CAP. X.

An act for the uniting, dissolving and new erecting of courts. 7 Ed. 6. c. z. 1 El. c. 4.

CAP. XI.

A confirmation of stat. nH. !. c. 9. touching the prices of woolen hat* and caps made beyond the sea. Customing of the same hats and caps. No man (hall buy above one dozen of hats or caps made out of this realm. REP. 1. Jac. 1. c. 15.

CAP. XII.

If any persons to the number of twelve or above, being assembled together, mail intend, go about, practise or put in use, with force and arms, unlawfully and of their own authority, to change any laws made for religion, by authority of parliament, or any other laws of

this this realm, the fame number of twelve or above, being commanded by the sheriff, or by any justice ot' peace, or by any mayor, sheriff, justices of peace or bailiffs of any city, borough or town corporate, where any such assemblies (hall be, by proclamation in the Queen's name to retire ■ and repair to their houses or places from whence they came; and any of them, notwithstanding such proclamation, (hall continue together by the space of one hour after such commandment made, or aster that shall willingly in forcible and riotous manner attempt to do or put in ure any ot the things above specified: that then as well every such abode together, as every such act or offence, shall be adjudged felony, and the offenders shall suffer death, as in cafe of felony. And if any persons to the said number of twelve or above, shall go about, &c. to overthrow, cut, cast down, or dig the pales, hedges, ditches, or other enclosure of any park or other ground enclosed, or the banks of any fish-pond, or any conduits for water, to the intent that the fame should from thenceforth lie open, or unlawfully to have any way or common in the laid parks or other grounds enclosed, or to destroy the deer in any park, or any warren of conies, or any dove-houses, or fish in any fishpond, or to pull or cut down any hous?s, barns, mills or bays, or to burn any stacks of corn, or to abate or diminish the rents of any lands, or the price of victual, corn or grain; and being commanded by any justice of peace, &c. by proclamation, &c. to retire to their habitations &c. and they notwithstanding shall remain together by the space of one hour, or shall in forcible manner put in ure any of the things before mentioned, &c. every of the said offenders shall be judged a felon, &c. And it any person unlawfully, by ringing of bells, sounding of any trumpet, drum, horn or Other instrument, or by firing of a beacon, or by malicious speaking of any words, or making any outcry, or by setting up or casting of any bill or writing, or by any other deed, shall raise any persons to the number of twelve or above, to the intent that the fame persons should do any of the acts above-mentioned, and the persons so raised, after commandment given in form aforesaid, shall make their abode together, or in forcible manner put in ure any of the acts abovesaid; then all persons, by whole speaking, &c. shall be adjudged felons. And if the wife, servant, or other persons (hall any way relieve them that be unlawfully assembled with victuals, weapons or other thing, they shall be adjudged felons. And if any persons above the number of two, and under the number of twelve, shall prac- ■ v tice any of the things above-mentioned, and being commanded by a justice of peace, &c. to- retire, &c. make their abode by the space of one hour together, every of them shall suffer imprisonment one year, and every person damnified shall recover his triple damages against him; and every person able, being requested by the King's officers, (hall be bound to resist them. If any persons to the number of forty or above, (hall assemble together by forcible manner, unlawfully to put in ure any of the things above specified, or to do other felonies or rebellions, and so shall continue together three hours after proclamation made at or nigh the place where they be so assembled, or in some market-town thereunto next adjoining, and after notice to them given; every person so willingly assembled and continuing (hall be adjudged a felon. And if any copyholder or farmer, being required by any of the King's officers to aid and assist them in the repressing the said offenders, do refuse, he shall forfeit his copyhold or lease, only for term of his life. The statute of 3 & 4. Ed. 6. c. 5. repealed, 1 Eli*. c. 16. EX P.

CAP. XIII.

The statutes made anno 21 H. 8. c. 7. ai H. $. c. i». 13 M. 8. c. 17. 2+ H. 8. c. 9. 13 H. 8. c. 3. 28 H. 8. c. 6, 8, 9. 3J H. 8. c. 7. 33 H. 8. c. ». 3« H. 8. c. 17. 37 H. 8. c. 23. 2 & 3 Ed. 6. c. 9, 10, 11. 3 & 4. Ed. 6. c. 19, 21. 5 & 6 Ed. 6. c. z, 14.. 7 Ed. 6. c.if. be revived and made to continue until the end of the next parliament. EXP. 1 Eliz. c. iS.

Vol. VI. C CAP,

CAP. XIV.

The statute of 13 H. 8. c. *. ordained for the making of gaols in several counties, shall be continued until the end of ten years next after this parliament.

CAP. XV. It shall be lawful to the parishioners of the late parish of St. Ellens in Stangate within the city of York, and the inhabitants that now are, or hereafter shall be dwelling in the fame, to build again the fame parish-church and church-yard, and therein to use divine service, sacraments, &c. And the Queen, her heirs and successors may present an able clerk to the vicarage of the same.

CAP. XVI.

A confirmation of the attainder of high treason of John duke of Northumberland, Thomas CranmeF archbisliop of Canterbury, William marquess of Northampton, John earl of Warwick, Sir Ambrose Dudley, knight, Sir Andrew Dudley, knight, Sir John Gates, knight, and Sir Thomas Palmer, knight.

CAP. XVII.

A confirmation of a release which the Queen, by her letters patents, made to the temporality, of a subsidy given to King Edward, by the flat, of 7 Ed. 6. c. H. reserving to the Queen the two fifteens granted by the laid statute.

CAP. XVIII.

A subsidy of tonnage and poundage granted to the Queen during life, out

of diver* merchandises.

The regal power in the Queen's majeity as fully as it hath been in any her progenitors.

Anno primo Mariæ, sejjio tertia.

ACTS made in the parliament begun and bolden at Westminster the second day of April in the first year of the reign of our most gracious sovereign lady Mary, by the grace os God, Queen of England, France and Ireland, defender of the faith, and there continued and kept to the dissolution of the same, being the fifth day of May then next ensuing, as solloweth.

CAP. I.

An act that the regal power of this realm is as full in the
Queen's majesty as ever it was in any her noble ancestors.

FOrasmuch as the imperial crown of this realm, with all dignities,
honours, prerogatives, authorities, jurisdiclions and prehemi-
nences thereunto annexed, united and belonging, by the divine pro-
vidence of Almighty God, is most lawfully, justly and rightfully des-
cended and come unto the Queen's highness that nozv is, being the
very, true and undoubted heir and inheritrix thereof , and invested in
her mojl royal person according unto the laws of this realm: (2) and

h

« PreviousContinue »