void and of none effect. Be it enacted and declared by the authority of this prefent parliament, That these words (master or guardian) of any hofpital mentioned in the faid former act, were intended and meant of all hofpitals, Maifon Dieus, beadhouses, and other houses ordained for the fuftentation or relief of the poor, and fo fhall be expounded, declared and taken for ever. Anno decimo octavo Regina ELIZABETHÆ. A1 T this prefent feffion of parliament by prorogation holden at Westminster the eighth day of February in the eighteenth year of the reign of our most gracious fovereign lady Elizabeth, by the grace of God, of England, France, and Ireland, Queen, defender of the faith, &c. And there continued until the fifteenth day of March following: to the high pleasure of Almighty God, and weal publick of this realm, were enacted as followeth. CAP. I. An act against the diminishing and impairing of the Queen's majefty's coin, and other coins current within this realm. rent within HEREAS the offences of clipping, rounding, washing and Diminishing, filing, for wicked lucre or gainsfake, of any the proper monies fcaling or or coins of this realm or the dominions thereof, or of the monies or lightning of coins of any other realm allowed by proclamation, and fuffered to be any coin cur current within this realm or the dominions thereof, by a statute made this realm in the fifth year of the Queen's majesty's reign, are taken, deemed thall be high and adjudged to be treason; (2) and the offenders therein, their treafon. counsellors, confenters and aiders likewife deemed and adjudged as 5 El. c. 11, offenders in treafon, and being thereof lawfully convicted or attainted, 3 Inft. 17. according to the due order and courfe of the laws of this realm, are to Juffer pains of death, and to lofe and forfeit all his and their goods and chattels, and alfo all his and their lands and tenements, during his and their natural life or lives only, as by the faid eftatute thereof made, among other things therein contained, more at large it doth and may appear: (3) fithence the making of which good law and ftatute divers falfe and evil-difpofed perfons, knowing that the faid law being, Other undue as it is, penal, ought to be taken and expounded ftrictly according to mean practhe words thereof, and the like offences, not by any equity to receive tifed to falfify the like punishment or pains, have fithence the making of the faid law not within the and ftatute most wickedly devised and practifed, for wicked lucre and strict word of gains-fake, other arts, undue ways and means, to falfify, impair, the forefaid diminish and lighten, as well the proper monies and coins of this realm statute. and the dominions thereof, as alfo the monies or coins of other realms allowed and fuffered to be current within this realm and the dominions thereof by her Majesty's proclamation, to the great damage, lofs, burt and deceit, as well of her Majesty, as of all her faithful X 3 and the money No corruption of blood or forfeiture of treafon. and loving fubjects, and more is like hereafter to be practifed and done, if the fame be not speedily met withal: (4) for reformation and remedy whereof, be it enacted, declared and established by the authority of this present parliament, That if any person or perfons, of what estate, degree or condition foever he or they be, thall from and after the first day of April next coming, for wicked lucre or gains-fake, by any art, ways or means whatfoever, impair, diminish, falfify, fcale or lighten the proper monies or coins of this realm or any the dominions thereof, or the monies or coins of any other realms allowed and suffered to be current at the time of the offence committed within this realm of England or any the dominions of the fame, by the proclamation of the Queen's majesty, her heirs or fucceffors, ihall be taken, adjudged and deemed to be treafon; (5) and the offenders therein, their counsellors, confenters and aiders, fhall be likewife deemed and adjudged as offenders in treason, and being thereof lawfully convicted or attainted, according to the due order of the laws of this realm, fhall fuffer pains of death; (6) and lofe and forfeit all their goods and chattels to the Queen's majefty, her heirs and fucceffors, and fhall also lofe and forfeit to the Queen's highness, her heirs and fucceffors, all their lands, tenements and hereditaments, during his or their natural life or lives only. II. Provided always, and be it enacted by the authority aforefaid, That this act, nor any thing therein contained, nor dower for this any attainder or attainders of any perfon or perfons for any offence or offences made treafon by this act, fhall in any wife extend, or be judged, interpreted or expounded to make any corruption of blood to any the heir or heirs of any such of fender or offenders, or to make the wife of any such offender to lose or forfeit her dower of or in any lands, tenements or hereditaments, or her title, action or intereft to the fame; any thing in this act contained, or any attainder or attainders hereafter to be had, for any offence or offences made treafon by this act, to the contrary notwithstanding. Trial of a peer by his peers. III. And be it further enacted by the authority aforefaid, That if any of the lords of the parliament, or peer of this realm, for the time being, fhall fortune at any time hereafter to be indicted of any offence made treafon by this act, that then they and every of them fhall have his or their trial by their peers, as hath been used heretofore in cafes of high treafon. 25 Ed. 3. ftat. 4 & 5 c. 2. I Ma.feff. 2. c. 6. CAP. II. An act for confirmation of letters patents. A confirmation of the af . 3. 4 & 5 P. & M. c. i. 35 CAP. III. Juftices of peace fhall order the punishment of the mother and reputed father of a bastard, &c. 350, 470. II. Concerning bastards begotten and born out of lawful ma- Cro. Car. 341, trimony, (an offence against God's law and man's law) the faid baftards being now left to be kept at the charges of the parish where they be born, to the great burden of the fame parish, and in defrauding of the relief of the impotent and aged true poor of the fame parish, and to the evil example and encouragement of lewd life: (2) it is ordained and enacted by Mod. cafes in the authority aforefaid, That two juftices of the peace (whereof Law 4. one to be of the quorum, in or next unto the limits where the parish church is, within which parish such bastard fhall be born, upon examination of the caufe and circumstance) fhall and may by their discretion take order, as well for the punishment of the mother and reputed father of fuch baftard child, as alfo for the better relief of every fuch parish in part or in all; (3) and fhall and may likewife by like difcretion take order for 2 Bulft. 341, the keeping of every fuch baftard child, by charging fuch 348, 350, 355mother or reputed father, with the payment of money weekly A provifion or other fuftentation for the relief of fuch child, in fuch wife for the keeping of as they shall think meet and convenient: (4) and if after the baftards. fame order by them fubfcribed under their hands, any the faid Farther provi perfons, viz. mother or reputed father, upon notice thereof, vifions relatfhall not for their part obferve and perform the faid order; ing bereto. that then every fuch party fo making default in not perform-7 Jac. 1. c. 4. ing of the faid order, to be committed to ward to the common gaol, (5) there to remain without bail or mainprife, except he, The or they fhall put in fufficient furety to perform the faid order, or elfe perfonally to appear at the next general feffions of the peace to be holden in that county where fuch order shall be taken, (6) and alfo to abide fuch order as the faid juftices of the peace or the more part of them then and there shall take in that behalf (if they then and there shall take any;) (7) and that if at the faid feffions the faid juftices fhall take no other order, then to abide and perform the order before made as is abovefaid. 3 Car. 1. c. 4. continued until the end of the first feffion of the next parliament, and farther continued by 16 Car. I. c. 4. Α rogue fhall be conveyed from conftable to constable until he come to the gaol. A ftock to fet the poor on work fhall be provided in every 2 Roll. 82, city and town corporate. Houfes of correction fhall be affigned in every Stiles 207,283, county. Lands holden in focage may, during twenty years, be given towards the maintenance of houfes of correction and stocks for the poor. EXP. CAP, IV. Every perfon which hath or claimeth to have any estate of inheritance, leafe or rent, not already entred of record in the exchequer, of, in or to any lands or hereditaments, &c. by any affurance made by Charles earl of Wefimorland, or any other rebels in the north attainted, named in the ftatute of 13 Eliz. c. 16. or in any of the records of their feveral attainders, at any time within two years next before the feventh day of November, X 4 The duty of an informer a fuit upon a abuse it. Cro. El. 77, 434. 3 Inft. 192. A note of the day, month and year of November, anno 11. of the Queen's reign, fhall within one year next enfuing the first day of May next, openly fhew forth in the exchequer in the term time, the fame his conveyance, and exhibit the same to be inrolled of record: or elfe every fuch conveyance made by any of the faid rebels fhall be void: and after the faid party which exhibiteth the fame conveyance, may within one year produce witnesses to be examined in the exchequer, to prove the fame to be made bona fide: and yet if at the fuit of the Queen or any of her patentees, it fhall be found by verdict, that any fuch conveyance was made by covin to defraud the Queen of her forfeiture, it shall be void: but this act fhall not extend to any bargain and fale made of lands by deed indented and inrolled, nor to leafes for three lives, or one and twenty years, nor to eftates granted by copy according to the cuftom of the manor, so used to be letten by the space of twenty years, whereupon the old and accustomed yearly rent or more fhall be referved. 7 Co. 11. I3 Elix. c. 16, CAP. V. An act to redress diforders in common informers. OR redreffing of divers diforders in common informers, and for better execution of penal laws, (2) be it enacted, in profecuting That every informer upon any penal ftatute fhall exhibit his penal ftatute, fuit in proper perfon, and pursue the fame only by himself and his pu- or by his attorney in court; (3) and that none fhall be adnifhment if he mitted or received to pursue against any person or persons upon any penal statute, but by way of information or original action and not otherwife; (4) nor fhall have ne ufe any deputy or deputies at all; (5) and that upon every fuch information which shall be exhibited, a fpecial note be made of the very day, month and year of the exhibiting thereof into any office or to any officer which lawfully may receive the fame, without any manner of antedate thereof to be made, and that the fame information be accounted and taken to be of record from that time forward and not before. (6) And be it likewise enacted for the confideration aforefaid, That no procefs be fued out upon any fuch information, until the information be Indorsement exhibited in form aforefaid; (7) and that upon every fuch proof the procefs cefs fhall be indorfed, as well the party's name that purfueth the awarded upon fame procefs, as alfo the ftatute upon which the information in the exhibit ing of an information. an informa tion. Where the trial of an iffue fhall be in a fuit upon Stiles 381. that behalf made is grounded: (8) and that every clerk making out process contrary to the tenor and provifion of this act, fhall forfeit and lofe forty fhillings for every fuch offence, the one half to be to the Queen's majefty, her heirs and fucceffors, and the other half to the party against whom any fuch defective process fhall be awarded, to be recovered in any court of record, by action of debt or information, in which no effoin, protection, injunction or wager of law fhall be permitted or allowed. II. And be it further enacted, That no jury fhall be compelled to appear in any of the Queen's majefty's courts of Westminster, for the trial of any iffue in any fuch fuit upon any penal law, for any fuch offence committed above thirty miles from the city of Westminster, except in cafe where the attorney. general for the time being, for fome reasonable cause in that behalf to be fhewed, fhall require the fame to be tried at the bar, bar, in any of the courts of the Queen's majefty, her heirs or fucceffors, at Westminster aforefaid; (2) which request shall be noted on the backfide of the writ of Diftringas thereupon awarded, to the end the sheriff or his bailiff may and fhall fignify the fame to the jury that are in such case impanelled. defendant but 136. III. And be it further enacted, That no fuch informer or No informer plaintiff fhall or may compound or agree with any perfon or shall comperfons that shall offend, or shall be furmifed to offend, against pound with the any penal ftatute, for fuch offence committed, or pretended by confent of to be committed, but, after anfwer made in court unto the in- the court. formation or fuit in that behalf exhibited or profecuted; (2) 2 Bulftr. 137. nor after answer, but by the order or confent of the court in Hob. 250. which the fame information or fuit fhall be depending; upon 2 Roll. 103, the pains and penalties hereafter in this prefent act fet down The penalty and declared: (3) and that if any fuch informer or plaintiff of an inforas aforefaid, fhall willingly delay his fuit, or fhall difcontinue mer delaying or be nonfuit in the fame, or fhall have the trial or matter paft ing his fuit, or against him therein by verdict or judgment of law; That then being nonfuit, in every fuch case the fame informer or plaintiff fhall yield, &c. fatisfy and pay unto the party defendant, his cofts, charges 2 Leon. 116. and damages, to be affigned by the court in which the fame Savil. 50. fuit fhall be attempted: (4) for the recovery and execution whereof every fuch defendant fhall immediately upon the fame cofts, charges and damages affigned, have his Capias ad fatisfac. Fieri facias, or Elegit, to be awarded unto him out of the fame court in which the fame shall be so affigned as is aforefaid, as in other cafes of execution. or difcontinu-" behaving him IV. And be it alfo enacted, That if any perfon or perfons The punish(except the clerks of the court only, for making out of process ment of an otherwife than is above appointed) fhall offend in fuing out informer mifof procefs, making of compofition, or other mifdemeanour, felf in the contrary to the true intent and meaning of this ftatute, or fhall profecution by colour or pretence of process, or without process, upon co- of his suit, &c. lour or pretence of any matter of offence against any penal law, make any compofition, or take any money, reward or promise of reward for himself, or to the ufe of any other without order or confent of fome of her Majefty's courts at Westminster; that then he or they fo offending, being thereof lawfully convicted, fhall ftand on the pillory in fome markettown next adjoining where the fame offence fhall be committed, in the open market-time, and there remain by the space of two hours; (2) and shall from and after fuch conviction for ever be difabled to purfue, or be plaintiff or informer in, any fuit or information upon any ftatute popular or penal; (3) and shall alfo for every fuch offence forfeit and lose ten pounds of lawful English money, the one half thereof to the Queen's majefty, her heirs and fucceffors, and the other half to the party grieved thereby, to be recovered in any court of record, by action of debt or information; in which no effoin, protection, injunction or wager of law fhall be permitted or allowed: |