Page:Ruffhead - The Statutes at Large - vol 2.djvu/248

This page needs to be proofread.

210 C. 5 . Anno vicefimo fexto Henrici VIII. A. D. 1534. The Penalty of Jurors in Wales without the fpecial Commandment of the faid Jufticer or other Officer, fhall not do, or fuffer to be mini- ftered, to the fame Jurors, any Eread, Drink, Meat, Fire or Light, nor (hall fuffer the fame Jurors to fpeak to any Perfon or Perfons ; (4) nor the fame Officer or other Perfon fworn, without the Command- ment aforefaid, fhall not fpeak to the faid Jurors, but only to demand of them of their Agreement ; unto fuch Time as the fame Jurors fhall have given their VerdicT: ; any Ufage or Cuftom heretofore ufed to the contrary notwithftanding ; (<;) and if the fame Officer, or other Perfon fo fworn in Form aforefaid, do not execute and accomplifh the Premifes in the Oath before rehearfed in every Point and Article, then the fame Officer, or other Perfon fo fworn,_ fhall be punifhed and imprifoned, and make Fine and Ranfom to the King's Highnefs, by the Discretion of the faid Jufticer, Steward, Lieutenant or other Officer. II. And alfo be it enacted by the Authority aforefaid, That if the fame Jurors do acquit any fuch Felon, Murtherer or Acceffary, upon whole Trial they fhall be charged, or give any untrue Verdict, againft the , :lfJer "King, upon the Trial of any Traverfe, Recognizance or other Forfeiture, contrary to good and pregnant wife' mifJemean- Evidence miniftered to them by Perfons fworn before the faid Jufticer, Steward, Lieutenant or other Of- ing thcmfelves. ficer, or that the faid Jurors, or any of them, do eat, drink or fpeak to or with any other Perfon, or Per- Vatighkn 150, fons than to fuch as be fworn with them, or otherwife mifdemean themfelves after they be fworn, and be- '5 r - fore they have given their VerdicT:, that then the Lord Prefident, and other of the Council of the Marches for the Time being, upon Notice or Complaint thereof to them made, fhall not only have Power and Au- thority by this prefent Act to call fuch Jurors before them, (2) but alfo the fame Jufticer, Steward or other Officer afore whom any fuch Acquittal, untrue VerdicT: or Mifdemeanour fhall happen to be made, fhall have full Power and Authority to compel fuch Jurors, and every of them, upon Pain of Imprifonment, to be bounden by Recognizance in a certain Sum of Money, by their Difcretion to be limited, that the fame Jurors, and every of them, fhall perfonally appear at a certain Day, by the fame Jufticer, Steward or other Officer, to be limited, before the Lord Prefident, and other of the Council aforefaid for the Time being, then and there to abide and ftand to fuch Direction and Order as the fame Council fhall make, or- dain and decree, of, in and upon the fame ; (3) and that the fame Council fhall thereupon have Autho- rity and Power, by Examination or otherwife, to hear and determine all and every fuch Caufe, and fhall have like Authority to commit every of the fame Jurors to Prifon or other Punifhment, as fhall be thought moft meet by the Difcretion of the faid Council, or otherwife affefs or tax every fuch Juror to his Fine Sre farther Re- or Ranfom by the fame Difcretion, to be paid and levied of their Lands, Goods and Chattels, to the gulirion, concern. Ufe f the jr; > s Highnefs. in% Wales, 27 00 H, 8. c. 5, 7, & 26. 33 H. 8. c. 13. 34 & 35 H. 8. c. 26. x Ed. 6. c. 10. 1 fifi Pb. & M. c. 15. 5 El. c. 25 fif 28. 18 El. c. 8. 27 El. e.g. 19 Car.t. c. J. ipy.&M.Jiat.i.c.zj. 5W.&M.C4. 7 & % W. 3. c. 38. 11 & 11 IV. 3. c. 9. 8 Geo. I. c, 25. 6Geo. 2, c. 14. and 20 Geo. a, c. 42, CAP. V. For the Pafiage over the Severn. e T70rafmuch as daily divers Felonies, Robberies and Murthers been many times committed and done in J/ the Counties of Gloucester and Somerfet in the Parts near adjoining unto the Water called the Water of Severn, between England and South-Wales, and after fuch Murthers and Felonies done, the faid Rob- bers, Felons and Murtherers, with the faid Goods fo robbed and ftolen, make their Conveyance with the faid Goods fo ftolen, by Night, at divers Paffages or Ferries over the faid River or Water, as the PafTages of Aujle, Fremeland, Pyrton, Arllngbam, Newenham, Portfedes, Poynte, and all fuch other like Paffages over the faid River into South-Wales, or into the Foreft called the Foreft of Dean, alfo adjoining ' to the fame Water; (2) and when they be over the faid Water, then the Goods fo ftolen, be by divers Privileges there kept, albeit the Owner and Owners have true and perfect: Knowledge thereof, yet they fo robbed and fpoiled be without Remedy for to obtain their faid Goods fo ftolen ; (3) fo that the fecret and fudden Conveyance by Night of the faid Goods over the faid Ferries and Paffages, doth not only greatly incourage divers Perfons to come out of the Parts of South-Wales, to fteal, rob and murther di- vers Perfons in their Houfes in the faid Counties joining upon the faid Borders of Wales, but alfo caufeth many Robberies and Felonies in fundry Ways to be committed and done upon the faid Border near ad- joining to the fame River, to the great Damage and Hurt of the King's Subjects inhabiting there, unlefs fome Remedy therefore be provided :' (4) It may therefore pleafe the King our Sovereign Lord, and the Lords Spiritual and Temporal, and the Commons, in this prefent Parliament affembled, by the Authority of the fame to enacT:, That every Perfon or Perfons, taking upon him or them to have and keep any of the faid Paffages, or any other Paffages upon Severn aforefaid, from henceforth do not convey, neither carry with any manner Barge, Boat or other Veffel, any Perfon or Perfons with Horfes, Mares, Oxen, Kine or any other Cattle, nor no other Perfon or Perfons, before the Time of the Sun-rifmg in the Morning, and after the Time of the Sun being gone down at Night, (9) upon Pain of Imprifonment and Fine to be fet on him that fhall fo convey or carry over any of the faid Paffages over the faid River of Severn out of . England into Wales or the Foreft of Dean, or out of Wales, or the faid Foreft of Dean into England, un- lefs the faid Paffengers and every of them, have good Knowledge of fuch Perfon and Perfons and of their Dwelling-places ; (6) and upon Requeft to them made by any Perfon or Perfons, to difclofe the Name and the Dwelling-place of every fuch Perfon or Perfons fo by them conveyed over the faid Water, to any fuch Perfon or Perfons requiring the fame, if Suit be made for and after them upon any Outcry, Huy or frefh Suit, of or for any Felony, Robbery, Murther and Manflaughter, committed an;i done from henceforth. II. And that the King's Juftices of the Peace within every of the faid Counties of Gloucejter and Soimr- fet, at their Quarter-Seffions, fhall have full Power and Authority to call before them all fuch Perfons which hereafcer fhall keep any of the faid Paffages, or any other Ferry or Paffage over the faid Water into Wales The Penalty for tranfporting Of- fenders into or forth of Wales at unlawful Times. Keepers of Fer- ries (hall be bound to tranf-