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Certain fines to which this

ftatute shall not extend.

No theriff fhall be justice of peace where

or when he

fheriff.

is

1 Ed. 6. c. 7.

2 Bulftr. 8.

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 ftatute.

III. Provided always, That this act fhall not in any wife extend to any fine heretofore levied of any manors, lands, tenements or hereditaments, now in fuit demand or variance in any of the 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 prefent parliament have been recovered, gotten or obtained, by reafon of any judgment, entry, decree, arbitrament or other lawful means, contrary to the purport, intent or effect of any fuch fine or fines thereof heretofore levied.

CAP. VIII.

An act that Sheriffs fhall not be justices of peace during that office.

WHERE

WHERE in one act of parliament, intituled, An act for the continuance of actions after the death of any King, made in the first year of our late fovereign lord King Edward the Sixth, amongst other things it is ordained and enacted, That albeit any perfon or perfons being justice of affize, juftice of gaol-delivery, or justice of peace, within any of the King's dominions, or being in any other of the King's commiffions whatsoever, fhall fortune to be made duke, archbishop, marquefs, earl, vifcount, baron, bishop, knight, justice of the one bench or of the other, or ferjeant at the law or Sheriff, yet that notwithstanding he and they should remain justice and commiffioner, 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 faid act more plainly appeareth: (2) Sithence the making of which act, divers perfons being in commiffion of the peace in one county, have been made fheriffs of the fame county, and have exercifed either of the faid offices; which feemeth not to be convenient:

II. Wherefore be it enacted by the authority of this present parliament, That no manner of perfon or perfons having, ufing or exercifing the office of the theriff of any county or counties, fhall use or exercise the office of the justice of the peace, by force of any commiffion or otherwife, in any county or counties where he or they shall be sheriff, during the time only that he or they fhall use or exercise the said office of theriffwick; any thing in the faid former act to the contrary in any wife notwithstanding. And that all and every act and acts to be done by any such sheriff and fheriffs by authority of any commiffion of the peace, during the time abovesaid, fhall be void and of none effect; the said former act notwithstanding.

CAP.

WHE

CAP. IX.

An act touching the corporation of the phyficians in London. HEREAS in the parliament holden at London the fifteenth day of April in the fourteenth year of the reign of our late fovereign lord King Henry the Eighth, and from thence adjourned to Westminster the last day of July in the fifteenth year of the reign of the fame King, and there holden, it was enacted, That a certain grant by letters patents of incorporation made and granted by our faid late King to the physicians of London, and all clauses and articles contained in the fame grant, bould be approved, granted, ratified and confirmed by the fame parliament:

II. For the confideration thereof, be it enacted by the au- A confirmathority of this present parliament, That the said statute or act tion of 14 & 15 H. 8. c. 5. of parliament, with every article and clause therein contained, fhall from henceforth ftand and continue ftill in full ftrength, corporation of touching the force and effect; any act, ftatute, law, custom or any other physicians of thing made, had or used to the contrary in any wife 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 faid grant enacted;

be received

IV. Be it now therefore enacted, That whenfoever the prefident Whosoever of the college, or communalty of the faculty of phyfick of fhall be comLondon for the time being, or fuch as the laid prefident and mitted to prifon by the college fhall yearly, according to the tenor and meaning of the prefident of faid act, authorize to fearch, examine, correct and punish all the college of offenders and tranfgreffors of the faid faculty, within the fame phyficians in city and precinct in the faid act expreffed, fhall fend or com- London, fhall mit any fuch offender or offenders for his or their offences or and kept disobedience contrary to any article or claufe contained in the thereby. faid grant or act, to any ward, gaol or prifon within the fame 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 prifons within the city or precinct aforefaid, (except before excepted) fhall receive into his or their prifons all and every fuch person and persons so offending, as fhall be fo fent or committed to him or them, as is aforefaid; (2) and there shall fafely keep the perfon or perfons fo committed, in any of their prifons, at the proper cofts and charges of the faid perfon or perfons fo committed, without bail or mainprise, until fuch time as fuch offender or offenders, or disobedient, be discharged of the faid imprisonment by the faid president and fuch perfons as by the faid college fhall be thereunto authorized; (3) upon pain that all and every fuch warden, gaoler, The offenders and keeper, doing the contrary, fhall lofe and forfeit the double forfeiture, and of fuch fine and amerciament as fuch offender and offenders, or disobedients, fhall be affeffed to pay, by fuch as the faid means.

prefident

who shall have it,and by what

1

Searching
apothecary

wares.

32 H. 8. C. 40.

See 10 Geo. I.
c. 20. f. 2.

prefident and college fhall authorize as aforefaid, so that the fame fine and amerciament be not at any one time above the fum of xx. li. the moiety thereof to be employed to the use of our fovereign lady the Queen, her heirs and fucceffors, the other moiety unto the said prefident 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 fucceffors courts of record, against any such warden, gaoler or keeper so offending; in which fuit no effoin, 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 fearch and view of poticary wares, drugs and compofitions, according to the tenor of a ftatute made in the xxxij. year of the reign of the faid late King Henry the Eighth, That it fhall be lawful for the wardens of the grocers, or one of them, to go with the faid physicians in their view and search, that if the faid warden or wardens do refuse or delay his or their coming thereunto forthwith and immediately when the faid prefident or four of his college elect as aforefaid do call upon him or them, that then the faid phyficians may and shall execute that search and view, and the due punishment of the poțicaries for any their evil and faulty stuff, according to the statute laft before mentioned, without the affiftance of any of the faid wardens; any clause in the afore named ftatute to the contrary hereof notwithstanding. (2) And every fuch perfon or perfons as will or fhall refift fuch fearch, fhall forfeit for every fuch refiftance ten pound; the fame penalty to of apothecary be recovered in form aforefaid, without any of the delays aforefaid to be had in fuit thereof.

The penalty

for refifting
the fearch

wares.

Other magi-
VI. And further be it enacted, That all juftices, mayors,
ftrates fhall fheriffs, bailiffs, conftables, and other minifters and officers,
aflift the phy: within the city and precincts above written, upon request to
ficians in their them made, fhall help, aid and affift the prefident of the faid

fearch.

college, and all perfons by them from time to time authorized for the due execution of the faid acts or statutes, upon pain for not giving of fuch aid, help and affistance, to run in contempt of the Queen's majefty, her heirs and fucceffors.

CAP. X.

An act for the uniting, diffolving and new erecting of courts.

c. 2. 1 El. c. 4.

CAP. XI.

7 Ed. 6.

A confirmation of ftat. 21 H. 8. c. 9. touching the prices of woolen hats and caps made beyond the fea. Cuftoming of the fame hats and caps. No man fhall buy above one dozen of hats or caps made out of this realm. REP. 1. Jac. 1. C. 25.

CAP. XII.

If any perfons to the number of twelve or above, being affembled together, fhall intend, go about, practife or put in ufe, 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 fheriff, or by any juftice of peace, or by any mayor, fheriff, justices of peace or bailiffs of any city, borough or town corporate, where any fuch affemblies fhall be, by proclamation in the Queen's name to retire and repair to their houfes or places from whence they came; and any of them, notwithstanding fuch proclamation, fhall continue together by the space of one hour after such commandment nade, or after that shall willingly in forcible and riotous manner attempt to do or put in ure any of the things above specified: that then as well every fuch abode together, as every fuch act or offence, fhall be adjudged felony, and the offenders fhall fuffer death, as in cafe of felony. And if any persons to the faid number of twelve or above, fhall go about, &c. to overthrow, cut, caft 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 fhould from thenceforth lie open, or unlawfully to have any way or common in the faid parks or other grounds enclosed, or to deftroy the deer in any park, or any warren of conies, or any dove-houses, or fish in any fish. pond, or to pull or cut down any houfes, 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 juftice of peace, &c. by proclamation, &c. to retire to their habitations &c. and they notwithstanding fhall remain together by the space of one hour, or fhall in forcible manner put in ure any of the things before mentioned, &c. every of the faid offenders fhall be judged a felon, &c. And if any perfon unlawfully, by ringing of bells, founding of any trumpet, drum, horn or other inftrument, or by firing of a beacon, or by malicious fpeaking of any words, or making any outcry, or by fetting up or cafting of any bill or writing, or by any other deed, shall raife any perfons to the number of twelve or above, to the intent that the fame perfons should do any of the acts above-mentioned, and the perfons fo raifed, after commandment given in form aforefaid, shall make their abode together, or in forcible manner put in ure any of the acts abovefaid; then all perfons, by whofe fpeaking, &c. fhall be adjudged felons. And if the wife, fervant, or other perfons fhall any way relieve them that be unlawfully affembled with victuals, weapons or other thing, they fhall be adjudged felons. And if any perfons above the number of two, and under the number of twelve, fhall practice any of the things above-mentioned, and being commanded by a juftice of peace, &c. to retire, &c. make their abode by the fpace of one hour together, every of them fhall fuffer imprisonment one year, and every perfon damnified fhall recover his triple damages against him; and every perfon able, being requested by the King's officers, fhall be bound to refist them. If any persons to the number of forty or above, fhall affemble together by forcible manner, unlawfully to put in ure any of the things above specified, or to do other felonies or rebellions, and fo fhall continue together three hours after proclamation made at or nigh the place where they be fo affembled, or in fome market-town thereunto next adjoining, and after notice to them given; every perfon fo willingly affembled and continuing fhall be adjudged a felon. And if any copyholder or farmer, being required by any of the King's officers to aid and affift them in the repreffing the faid offenders, do refuse, he shall forfeit his copyhold or lease, only for term of his life. The ftatute of 3 & 4 Ed. 6. c. 5. repealed, 1 Eliz. c. 16. EXP.

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CAP. XIV.

The ftatute of 23 H. 8. c. 2. ordained for the making of gaols in several counties, fhall be continued until the end of ten years next after this parliament.

CAP. XV.

It fhall 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 fervice, facraments, &c. And the Queen, her heirs and fucceffors may present an able clerk to the vicarage of the fame.

CAP. XVI.

A confirmation of the attainder of high treason of John duke of Northumberland, Thomas Cranmer archbishop of Canterbury, William marquefs of Northampton, John earl of Warwick, Sir Ambrofe 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 fubfidy given to King Edward, by the ftat. of 7 Ed. 6. c. 12. referving to the Queen the two fifteens granted by the faid ftatute.

CAP. XVIII.

A fubfidy of tonnage and poundage granted to the Queen during life, out of divers merchandises.

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Anno primo Mariæ, feffio tertia.

CTS 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 fovereign lady Mary, by the grace of God, Queen of England, France and Ireland, defender of the faith, and there continued and kept to the diffolution of the fame, being the fifth day of May then next enfuing, as followeth.

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.

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Orafmuch as the imperial crown of this realm, with all dignities, bonours, prerogatives, authorities, jurifdictions and preheminences thereunto annexed, united and belonging, by the divine providence of Almighty God, is most lawfully, justly and rightfully defcended and come unto the Queen's highness that now is, being the very, true and undoubted heir and inheritrix thereof, and invested in her most royal person according unto the laws of this realm: (2) and

by

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