fureties during the faid time of feven years as is afore rehearfed.

A park inIV. Provided always, That this act, or any thing therein closed by the licence of the contained, extend not to any park or inclosed ground hereafter to be made and used for deer, without the grant or licence of our fovereign lady the Queen, her heirs, fucceffors or progenitors.

Queen, &c.

The remedy of the party grieved, and

before whom.

The party grieved may release the fureti hip of goodabearing.

What justices may hear and determine the offences aforefaid.

In what cafe the justices of peace may re

V. Provided always, and be it enacted by the authority aforefaid, That it shall be lawful for the party grieved to fue and take his further remedy against all and every fuch offender and offenders, for his lofs and damages, and to recover the treble value of the fame in this behalf, as well before juftices of oper and determiner, juftices of affizes in their circuits, and juftices of the peace, as elfewhere in any other the Queen's courts of record (2) and that upon the true fatisfaction of the faid treble damages to the party grieved, or upon the confeffion and knowledge thereof by the fame party, before the faid juftices in open feffions to be holden within the county where the offence was committed, it thall be at the liberty of the fame party grieved to whom the faid offence was committed, to release at his pleasure the faid furetifhip of good abearing, at any time within the faid feven years or before; any thing in this prefent act before fpecified or expreffed to the contrary notwithstanding.

VI. And be it further enacted by the authority aforefaid, That the juftices of oyer and determiner, juftices of allize in their circuits, and juftices of the peace and gaol-delivery in their feflions, shall by virtue hereof have power and authority to enquire, hear and determine all and fingular the offences aforefaid, and to make and award procefs thereupon, as well upon indictments taken before them, as by bill of complaint, information or any other action; in which fuit or action no effoin, wager of law nor protection fhall be allowed.

VII. And be it further enacted by the authority aforefaid, That if any perfon or perfons at any time hereafter fhall fortune lease the of- to be bound before any of the juftices before mentioned, to the fender of the Queen, her heirs or fucceffors, for his or their good abearing goodabearing. for feven years, according to the tenor of this act, and the fame party or parties fo bound fhall afterwards within the faid feven years come before the juftices of the peace of the faid county where the faid offence was committed, or fome of them, in open feffions, and there in the faid open feffions confefs and acknowledge his or their faid offence or offences, and be forry therefore, and fatisfy the party or parties grieved, according to the tenor of this act, that then the faid juftices before whom the confeflion fhall be fo made fhall and may have power and authority by virtue of this act, in the fame open feffion, or in any other open feffion afterwards to be holden before the faid juftices in the faid county, within the faid term of feven years, if it fhall feem good to their difcretions, to discharge the faid recognizance and bond fo taken, and alfo the faid party and

parties

parties fo bound; this act or any thing therein contained to the contrary thereof notwithstanding.

CAP. XXII.

being ftaple ware.

An att against carrying over feas, sheep-skins and pelts, not

of them, and

Fo OR reformation of many griefs, lamentably declared this pre- Forfeiture of Sent parliament, by divers artificers of this realm working lea- him who fhall transport any ther, It may please your royal majefty, that it may be enacted fkins of ftag, and eftablished with the affent of this high court of parliament, hind, buck, That it shall not be lawful to or for any manner of perfon or doe,&c. or the persons whatsoever, from and after the first day of May next leather made coming, to make any pelts, that is to fay, to pull, fhear, clip for what puror take away the wool of any fheep-fkin or lamb-skin, or to buy pofes they be any skin of any ftag, hind, buck, doe, goat, fawn or kid, or made and the pelts or skins of any of them, unless fuch perfon or perfons bought within fo making any pelts, or buying fuch fkins as is aforefaid, do make or caufe to be made thereof, tawed or lawfully tanned leather or parchment, or otherwise convert the fame into femits, pannels or other their own necessary uses; (2) upon pain that every person so making pelts, or buying any of the skins or pelts aforefaid, contrary to the meaning of this act, fhall forfeit and lofe the value of all such pelts or fkins so made and bought, and two fhillings fix-pence for every fkin or pelt so bought, or pelt fo made as is aforefaid.

this realm.

II. And be it further enacted, That it shall not be lawful to The penalty or for any perfon or persons whatsoever, from and after the for transporting of sheepfeaft aforefaid, to fhip or convey, or caufe or procure to be skins, lambshipped or conveyed, in or to any fhip, boat or veffel in or upon skins, &c. rethe fea, or in or upon any haven, river, creek or place within pealed by 8 El.] this realm of England and Wales or either of them, any manner c. 14. as to tranfporting of fheep-fkins, woolfels, fhorlings, morelings or the skins of of tawed leaany stag, hind, buck, doe, goat, fawn or kid, or the pelts or ther made of fkins of any of them, or the leather made of them or any of Sheep-fkins, them, to the intent to tranfport or carry the fame into any of &c. the parts beyond the feas, there to be uttered, bartered or fold by way of merchandize or otherwife; (2) upon pain of forfeiture of all fuch skins or pelts, bought, laden, fhipped or tranfported contrary to the tenor and true meaning of this act, or the value of them; (3) and also two fhillings fix-pence of lawful money of England, for every fell, fhorling, moreling, pelt or skin aforesaid, bought, laden, fhipped or tranfported contrary to the tenor and true meaning of this prefent act: (4) the moiety of all which forfeitures shall be to our fovereign lady the Queen's majesty, her heirs and fucceffors; and the other moiety to him or them that will fue for the fame by action, bill, plaint, information or otherwise, in any of the Queen's majesty's courts:* in which action no effoin, protection or injunction fhall be admitted or allowed. III. Pro

P4

Wares that

III. Provided always, That it shall and may be lawful to the may be lawmerchants of the ftaple, the merchants of Newcastle upon Tine, fully tranfported by any Hartlepool and Berwick, their feryants, factors and attornies, and every of them, to carry and transport all fuch lawful wares as heretofore they have been accustomed and lawfully might; any thing in this act to the contrary notwithstanding.

merchant.

The order of

CAP. XXIII.

awarding and An act for the due execution of the writ de Excommunicato

returning the

writ of Excommunicato capiendo: what

is to be done upon the party's appearance, and what if be

cannot be

found, and awarding this

the cause of

writ.

4 Inft. 219. Cro. El. 144 1 Bulftr. 122. 3 Bulftr. 92. Inft. 39. 72 Co. 77.

3

Roll. 174. Awarding

of Excommuni

cato capiendo.

1 Salk. 293.

Capiendo.

ORASMUCH as divers perfons offending in many great crimes and offences appertaining meerly to the jurifdiction and determination of the ecclefiaftical courts and judges of this realm are many times unpunished for lack and want of the good and due execution of the writ de Excommunicato capiendo, directed to the Sheriff of any county, for the taking and apprehending of fuch offenders: (2) the great abufe whereof, as it should feem, hath grown for that the faid writ is not returnable into any court that might have the judgment of the well executing and serving of the faid writ according to the contents thereof; (3) but hitherto have been left only to the dif cretion of the sheriff's and their deputies, by whofe negligences and defaults for the most part the faid writ is not executed upon the offenders as it ought to be: (4) by reafon whereof fuch offenders be greatly encouraged to continue their finful and criminous life, much to the dif pleafure of Almighty God, and to the great contempt of the ecclefiaftical laws of this realm:

II. Wherefore for the redrefs thereof, be it enacted by the and returning Queen's most excellent majefty, with the affent of the lords fpiritual and temporal, and the commons, in this present parliment affembled, and by the authority of the fame, That from and after the first day of May next coming, every writ of Excommunicato Capiendo that fhall be granted and awarded out of the high court of chancery, against any perfon or persons within the realm of England, fhall be made in the time of the term, (2) and returnable before the Queen's highness, her heirs and fucceffors, in the court commonly called the King's bench, in the term next after the Tefte of the fame writ; (3) and that the fame writ shall be made to contain at the leaft twenty days between the Tefte and the return thereof: (4) and after the Cro. Jac. 567. fame writ fhall be fo made and fealed, that then the said writ Cro. Car. 583. fhall be forthwith brought into the faid court of King's bench, 1 Sid. 165,285. and there, in the prefence of the juftices, shall be opened and delivered of record to the fheriff or other officer co whom the ferving and execution thereof. fhall appertain, or to his or their deputy or deputies: (5) and if afterwards it fhall or may appear to the juftices of the fame court for the time being, that the fame writ fo delivered of record be not duly returned before them at the day of the return thereof, or that any other default or negligence hath been used or had in the not well ferving and executing of the faid writ; that then the juftices of the faid court fhall and may, by authority of this act, affefs such amer

ciament

ciament upon the faid fheriff or other officer in whom fuch de- The sheriff fault fhall appear, as to the discretion of the faid juftices fhall be thall be amerced for thought meet and convenient: which amerciament fo affeffed not returing fhall be eftreated into the court of exchequer, as other amercia- of the writ. ments have been used.

III. And be it further enacted by the authority aforefaid, What shall be done with That the fheriff or other officer to whom fuch writ of Excomthe body of municato capiendo, or other procefs by virtue of this act fhall be the excomdirected, fhall not in any wife be compelled to bring the body municate. of fuch perfon or perfons as fhall be named in the faid writ or procefs, into the faid court of the King's bench at the day of the return thereof; (2) but shall only return the fame writ and process thither, with declaration briefly how and in what manner he hath served and executed the fame, to the intent that thereupon the faid juftices may then further therein proceed, according to the tenor and effect of this present act.

IV. And if the faid fheriff or other officer to whom the exe- If the sheriff cution of the said writ shall so appertain, do or shall return that return Nox the party or parties named in the faid writ cannot be found eft inventus. within his bailiwick; that then the faid juftices of the King's bench for the time being, upon every such return, shall award one writ of Capias against the said perfon or perfons named in the faid writ of Excommunicato capiendo, (2) returnable in the First Capias. fame court in the term-time, two months at leaft next after the Cro. Jac. 566, Teffe thereof, (3) with a proclamation to be contained within Latch 174. the faid writ of Capias, that the fheriff or other officer to whom Sid. 181. I Roll. 174. the faid writ fhall be directed, in the full county-court, or else at the general affizes and gaol-delivery to be holden within the faid county, or at a quarter-feffions to be holden before the juftices of the peace within the faid county, fhall make open proclamation ten days at the leaft before the return, that the party or parties named in the faid writ fhall, within fix days next after fuch proclamation, yield his or their body or bodies. to the gaol or prifon of the faid fheriff or other fuch officer, there to remain as a prisoner, according to the tenor and effect of the first writ of Excommunicato capiendo, upon pain of forfeiture of ten pounds: (4) and thereupon after fuch proclamation had, and the faid fix days paft and expired, then the faid fheriff or other officer to whom fuch writ of Capias fhall be directed, fhall make return of the fame writ of Capias into the faid court of the King's bench, of all that he hath done in the execution thereof, and whether the party named in the faid writ have yielded his body to prifon or not.

Capias.

V. And if upon the return of the faid theriff it fhall appear, Ten pounds that the party or parties named in the fame writ of Capias, or forfeiture for any of them, have not yielded their bodies to the gaol and pri- not appearing fon of the faid fheriff or other officer, according to the effect of upon the first fame proclamation; that then every fuch person that fo thall make default, fhall for every fuch default forfeit to the Queen's highness, her heirs and fucceffors, ten pounds; (2) which fhall likewise be eftreated by the said juftices into the

2d Capias.

Twenty pounds forfeiture upon the fecond Capias.

3d Capias.

faid court of exchequer, in fuch manner and form as fines and amerciaments there taxed and affeffed are used to be.

VI. And thereupon the faid juftices of the King's bench fhall alfo award forth one other writ of Capias against the perfon or perfons that fo fhall be returned to have made default, with fuch like proclamation as was contained in the first Capias, and a pain of twenty pounds, to be mentioned in the faid fecond writ and proclamation: (2) and the theriff or other officer to whom the faid writ of fecond Capias fhall be fo directed, fhall ferve and execute the faid fecond writ in fuch like manner and form as before is expreffed for the ferving and executing of the faid firft writ of Capias. (3) And if the sheriff or other officer fhall return upon the faid fecond Capias, that he hath made the proclamation according to the tenor and effect of the fame writ, and that the party hath not yielded his body to prifon according to the tenor of the faid proclamation; that then the faid party that fo fhall make default, fhall for fuch his contempt and default forfeit to the Queen's highnefs, her heirs and fucceffors, the fum of twenty pounds; (4) which faid fum of twenty pounds the faid juftices of the King's bench for the time being thall likewise cause to be eftreated into the faid court of exchequer, in manner and form aforefaid.

VII. And then the faid juftices fhall likewife award forth one other writ of Capias against the faid party, with fuch like proclamation and pain of forfeiture, as was contained in the said fecond writ of Capias; (2) and the fheriff or other officer to to whom the faid third writ of Capias fhall fo be directed, shall serve and execute the faid third writ of Capias in fuch like manner and form as before in this act is expreffed and declared for the ferving and executing of the faid first and fecond writs of Capias. (3) And if the fheriff or other officer to whom the execution of the said third writ fhall appertain, do make return of the faid third writ of Capias, that the party upon fuch proclamation hath not yielded his body to prifon according to the tenor thereof; that then every fuch party for every fuch contempt and default shall likewife forfeit to the Queen's majefty, her heirs and fucceffors, other xx. li. (4) which sum of xx. li. hall likewise be eftreated into the faid court of the exchequer in manner and form aforefaid; (5) and thereupon the faid juftices of the King's bench fhall likewise award forth one writ of Capias against the faid party, with like proclamation and like pain of forfeiture of xx. li. (6) and that also the said juftices shall have authority by this act, infinitely to award fuch process of Capias with fuch like proclamation and pain of forfeiture of xx. li. as is before limited, against the faid party that fo fhall make default in yielding of his body to the prifon of the fheriff, until fuch time as by return of fome of the faid writs before the said justices, it shall and may appear, that the faid party hath yielded himself to the cuftody of the faid sheriff or other officer, accordAwarding of ing to the tenor of the faid proclamation; (7) and that the Capias infinitely, and party upon every default and contempt by him made against

Twenty pounds forfeit third Capias.

upon the

the