V. And albeit we the lords fpiritual and temporal, and the commons, in this prefent parliament affembled, have firm hope and confidence in the goodness of Almighty God, that like as he hath hitherto miraculously preferved the Queen's majefty from many great and eminent perils and dangers, even fo he will of his infinite goodness give her Highness firength, the rather by our continual prayers, to pass well the danger of deliverance of child, wherewith it hath pleafed him (to all our great comforts) to bless her yet forafmuch as all things of this world be uncertain, and having before our eyes the dolorous experience of the inconftant government during the time of the reign of the late King Edward the Sixth, do plainly fee the manifold inconveniencies, great dangers and perils, that may enfue to this whole realm, if forefight be not used to prevent evil chances if they should happen: for the efchewing whereof we the lords fpiritual, &c. If it pleafe God to call the Queen before the iffue of her body inheri, table, if it be male shall accomplish the age of xviii years, or if female before it shall be of the age xv. years and not married, the King shall have the education and government of fuch iffue, and of this realm, until the iffue inheritable, if male, shall accomplish the age of xviii. years, and if female, until xv. years or marriage and during fuch government, the articles comprised in the treatises and act of parliament concerning the marriage, which on the behalf of his Majefty been to be performed, shall continue. If any perfon, during the time that the King fhall have the government of fuch iffue, malicioufly, advisedly and directly, by writing, printing, overt-deed or act, do compafs, attempt, and go about to destroy the perfon of the King, or to remove his Highness from the government of the fame, fuch offences shall be adjudged high treason. EXP. VII. And be it further enacted by the authority aforefaid, That all trials hereafter to be had, awarded or made for any treason, shall be had and used, only according to the due order and courfe of the common laws of this realm, and not otherwife: faving to every perfon and perfons, bodies politick and corporate, their heirs and fucceffors, other than the offenders and their heirs, and such person and perfons, as claim to any of their uses, all fuch rights, titles, interefts, poffeffions, leafes, rents, reverfions, offices and other profits, which they or any of them fhall have at the day of committing fuch treasons, or at any time afore, in as large and ample manner as if this act had never been had nor made. VIII. Provided always, and be it declared and enacted by the authority aforefaid, That concealment or keeping fecret of any high treafon be deemed and taken only misprifion of treafon, and the offenders therein to forfeit and fuffer, as in cafes of mifprifion of treafon hath heretofore been used; any thing above mentioned to the contrary notwithstanding, Peers of this realm indicted of any of the offences made treafon or mifprifion of treafon by this act, fhall have their trial by their peers. No perfon fhall be impeached for any of the offences abovefaid, committed only by preaching or words, unless the offender be indicted within fix months. EXP. XI. Pro XI. Provided always, and be it enacted by the authority aforefaid, That upon the arraignment of any perfon which hereafter shall fortune to be arraigned for any treafon mentioned in this act, all and every fuch perfon and perfons (or two of them at the leaft) who fhall hereafter write, declare, confess, or depofe any thing or things against the perfon to be arraigned, hall, if living and within the realm, be brought forth in perfon before the party arraigned if he require the fame, and object and fay openly in his hearing, what they or any of them can against him, for or concerning any the treafons contained in the indictment, whereupon the party fhall be fo arraigned, unless the party arraigned for any fuch treafon fhall willingly confefs the fame at the time of his or their arraignment. XII. Provided nevertheless, and be it enacted by the autho rity aforefaid, That in all cafes of high treafon concerning coin currant within this realm, or for counterfeiting the King or Queen's fignet, privy feal, great feal or fign manual, fuch manner of trial and none other be observed and kept, as heretofore hath been used by the common laws of this realm; any law, ftatute, or any other thing or things to the contrary notwithstanding. XIII. Provided always, That the councellors, procurers, comforters and abetters, for his or their first offence shall suffer like punishment, penalty and forfeiture, as is contained in this act against the principal offenders for their first offence, and none other and that the councellors, procurers, comforters and abbetters, for his or their fecond offence fhall fuftain like punishment, penalty and forfeiture, as is contained in this act against the principal offender or offenders for their fecond of fence, and none other. : CAP. XI. An alt for the punishment of the bringing in of the counterfeit coins of foreign realms, being current within this realm. coin into this as traitors. WHE HERE divers and fundry coins of gold and filver of other Bringers in of realms, not being of the proper coin of this realm of England, counterfeit and yet by the fufferance and confent of the King and Queen our fo- realm fhall vereign lord and lady, be current in payment within this realm, many be punished. ill difpofed perfons, for their own corrupt lucre and advantage, have now of late brought into this realm from the parts beyond the fea great quantity of forged and counterfeit money, like to the faid coin of other foreign realms, and have uttered the fame here by merchandizing and otherwife, to divers of the fubjects of this realm, to their great deceit, hurt and damage; (2) because the faid ill difpofed perfans have perceived and understood, that there was not, nor yet is, any fufficient law or ftatute made or provided for the condign punishment of the offenders in that behalf : II. Wherefore be it enacted and established by the authority of this prefent parliament, That if any person or perfons after the twentieth day of January next coming shall bring from E 4 the The manner the parts of beyond the fea into this realm, or into any of the dominions of the fame, any fuch falfe and counterfeit coin or money, being current within this realm, as is aforesaid, knowing the fame coin or money to be falfe and counterfeit, to the intent to utter or make payment with the fame within this realm, or any the dominions of the fame, by merchandizing or otherwife; that all and every such person or persons so offending as aforefaid, their counsellors, procurers, aiders and abettors in that behalf, shall be deemed and adjudged to be offenders in high treason, and shall suffer, after lawful conviction or attainder thereof, fuch pains of death, lofs and forfeiture of lands, goods and cattels, as other offenders fhall do in cafes of high treason. III. And be it further enacted by the authority aforefaid, That of indictment, all and every perfon or persons that shall at any time after the faid twentieth day of January, be accufed or impeached of any for impairing of the offences contained and provided for in this eftatute, or of or forging of any other offence or offences concerning the impairing, counterfeiting or forging of any coin current within this realm, fhall and may be indicted, arraigned, tried, convicted or attainted by fuch like evidence, and in such manner and form as hath been used and accustomed within this realm, at any time before the first year of the reign of our late fovereign lord King Edward the Sixth; any ftatute, cuftom, law or ufage to the contrary thereof in any wife notwithstanding. 9 Ed. 3. ftat. 2. c. 2. CAP. XII. trial, &c. of an offender coin. Where di- 3 Ed. I c. 16. Cro. El. 480, 646. March 56. 2 Leon. 52. Moor 453. FOR An alt for the impounding of diftreffes, OR the avoiding of grievous vexations, troubles and diforder in taking of diftreffes, and impounding of cattle, (2) be it enacted by the authority of this prefent parliament, That from and after the first day of April next coming, no distress of cattle shall be driven out of the hundred, rape, wapentake, or lathe where fuch distress is or shall be taken, except it be to a pound overt within the fame fhire, not above three miles diftant from the place where the faid distress is taken: (2) and that no cattle or other goods diftrained or taken by way of diftrefs, for any manner of cause at one time, fhall be impounded in feveral places, whereby the owner or owners of fuch diftress shall be constrained to fue feveral replevies for the delivery of the faid distress so taken at one time; (4) upon pain every person offending contrary to this act, fhall forfeit to the party grieved, for every such offence, one hundred fhillings, and treble damages. How much II. And be it further enacted by the authority aforefaid, That may be taken after the faid firft day of April, no perfon or perfons shall take for poundage, for keeping in pound, impounding or poundage of any manner of diftrefs, above the fum of four pence for any one whole dif trefs, that fhall be fo impounded; and where lefs hath been ufed, there to take lefs; (2) upon the pain of five pounds, to be paid to the party grieved over and befide fuch money as he fhall take above the fun of four pence; any ufage or prefcription to the contrary in any wife notwithstanding. III. And III. And for the more speedy delivery of cattle taken by way The fheriff of diftrefs, it is further enacted by the said authority, That hall appoint every sheriff of fhires, being no cities or towns made thires, four deputies to make refhall at his first county-day, or within two months next after he plevies. hath received his patent of his office of sheriffwick, depute, appoint and proclaim in the thire-town within his bailiffwick, four deputies at the leaft, dwelling not above twelve miles one diftant from another; (2) which faid deputies fo appointed and proclaimed, fhall have authority in the sheriff's name to make replevies and deliverance of fuch diftreffes in fuch manner and form as the fheriff may and ought to do; (3) upon pain that every fheriff for every month that he thall lack fuch deputy or deputies, fhall forfeit for every fuch offence, five pounds; (4) the one half of which forfeitures fhall be to the King and Queen's highness, her heirs and fucceffors, the other half to him that will fue for the fame by bill, plaint, information or action of debt, in any the King and Queen's courts of record, in which no effoin, protection, or wager of law fhall be admitted. CAP. XIII. An act touching bailment of perfons. HERE in the parliament holden at Westminster in the In what man .&c. 3 I H. 7. c. 3. W third year of the reign of the noble prince, King Henry ner juftices of peace may the feventh, it was among other things ordained and enacted, bail perfons That no prifoner arrested for felony, fhould be letten to bail or arrefted of femainprife, by any one juftice of peace, but by the whole lony, or fufjuftices, or at leaft by two of them, whereof one to be of the picion thereof, quorum; (2) fince the making of which eftatute, one juftice of peace in the name of himself and one other of the juftices his companion, not making the faid juftice party nor privy unto the cafe wherefore the prifoner fhould be bailed, hath oftentimes by finister labour and means, fet at large the greatest and notableft offenders, fuch as be not replevifable by the laws of this realm; (3) and yet the rather to hide their affections in that behalf, have figned the cause of their apprehenfion to be but only for fufpicion of felony, whereby the said offenders have escaped unpunished, and do daily, to the high displeasure of Almighty God, the great peril of the King and Queen's true fubjects, and encouragement of all thieves and evil-doers: which be for II. For reformation whereof, be it ordained and enacted by None shall be the King and Queen's majefties, the lords fpiritual and tempo- let to bail, ral and the commons in this prefent parliament affembled, and bidden to be by authority of the fame, That from and after the first day bailed by the of April next coming, no justice or justices of peace fhall let to ftatute of bail or mainprise any fuch perfon or perfons, which for any of- 3 Ed. 1. c. 15. fence or offences by them or any of them committed, be declared not to be replevised or bailed, or be forbidden to be replevised or bailed by the ftatute of Westminster primer, made in the parliament holden the third year of the reign of King Edward the First. III, And furthermore, That any perfon or perfons arrested 3 for man-flaughter or felony, or fufpicion of man-flaughter or felony, being bailable by the law, fhall not after the faid first day of April, be let to bail or mainprise by any juftices of peace, if it be not in open feffions, except it be by two juftices of peace at the leaft, whereof one to be of the quorum, and the fame jufBulftr. 113. tices to be present together at the time of the faid bailment or The juftices duty in bail mainprise; (2) which bailment or mainprise they shall certify in writing fubfcribed or figned with their own hands, at the next general gaol-delivery to be holden within the county where the faid perfon or persons shall be arrested or fufpected.. IV. And that the faid justices, or one of them, being of the ment of a pri. quorum, when any fuch prisoner is brought before them for any foner, extend- man-flaughter or felony, before any bailment or mainprife, ed to fuch as fhall take the examination of the said prifoner, and information fhall be com- of them that bring him, of the fact and circumftances thereof, and the fame, or as much thereof as fhall be material to prove man-flaughter, &c. 2 & 3 the felony fhall put in writing before they make the fame bailP. & M. c. 10. ment; (2) which faid examination, together with the faid bailment, the faid juftices fhall certify at the next general gaol-delivery to be holden within the limits of their commiffion. mitted for in examina him. tion of him and others, and certifying V. And that every coroner, upon any inquifition before him thereof 2 & 3 found, whereby any perfon or perfons fhall be indicted for murP & M. c. 10. der or man-flaughter, or as acceffory or acceffories to the same, The coroner's before the murder or manslaughter committed, fhall put in writ→ duty upon an inquifition ing the effect of the evidence given to the jury before him, befound before ing material: (2) and as well the said juftices, as the said coroner, fhall have authority by this act, to bind all fuch by recognizance or obligation, as do declare any thing material, to prove the faid murder or man-flaughter, offences or felonies, or to be acceffory or acceffories to the fame, as is aforefaid, to appear at the next general gaol-delivery to be holden within the county, city, or town corporate where the trial thereof fhall be, then and there to give evidence against the party so indicted at the time of his trial; (3) and fhall certify as well the fame evidence as fuch bond or bonds in writing, as he shall take, together with the inquifition or indictment before him taken and found, at or before the time of his faid trial thereof to be had or made: (4) and likewise the said juftices fhall certify all and every fuch bond taken before them, in like manner as before is faid of The penalty bailments and examination: (5) and in cafe any juftice of peace of any justice or quorum, or coroner, shall after the said first day of April, ofof peace or co- fend in any thing contrary to the true intent and meaning of roner omitting this prefent act, that then the juftices of goal-delivery of the his duty. fhire, city, town or place where fuch offence fhall happen to be committed, upon due proof thereof by examination before them, fhall for every fuch offence fet fuch fine on every of the fame juftices of peace and coroner, as the fame juftices of gaoldelivery fhall think meet, and eftreat the fame, as other fines and amerciaments affeffed before the juftices of gaol-delivery ought to be. VI. Pro |