Page:Ruffhead - The Statutes at Large - vol 2.djvu/259

This page needs to be proofread.

A. D. r ^ 3 5. Anno vicefimo feptimo He nrici VIII. C. r — 4. 221 Statutes made at Weftminfter, Anno 27 Hen. VIII. and Anno Dom. '535- » A CTS made in the SelTion of this prefent Parliament, hoi den upon Prorogation at Jt'tflminjlrr the ' J~ fourth Day of February, in the feven and twentieth Year of the Reign of our mod dread Sovereign

  • * *■ Lord King Henry the Eighth, and there continued and kept till the fourteenth Day of April next en-

4 fliingi to the Honour of God, and for the common Weal and Profit of this his Realm.' C A P. I. For the re-edifying of Nottingham, Gloctjlcr, Northampton, and other Towns. P r, CAP. II. It {hall be High Treafon to counterfeit the King's Sign-manual, Privy-fignet, or Privy -feal. REP - ' E<J ' 6 * CAP. III. A Rcftraint of the Exactions taken by the Mayor and Commonalty of the Town of Hull. BFP . J3 h. i. CAP. IV. s For Pirates and Robbers on the Sea.

  • ^T 7 HERE Pirates, Thieves, Robbers and Murthercrs upon the Sea, many Times efcape unpunished, jy lC i nCunvc .
  • VV becaufe the Trial of their Offences hath heretofore been ordered before the Admiral, or his Lieute- niences of the
  • nant or Commiffary, after the Courfe of the Civil Laws, the Nature whereof is, that before any Judg- Trial of Piracy

' ment of Death can be given againft the Offenders, either they muft plainly confefs their Offence, (which a |! ,cr li *. Courfe

  • they will never do without Torture or Pains) or elfe their Offences be fo plainly and dire&ly proved by i^Jjr ' v
  • Witnefles indifferent, fuch as faw their Offences committed, which cannot be gotten but by Chance at
  • few Times, becaufe fuch Offenders commit their Offences upon the Sea, and at many Times murther and

' kill fuch Pcrfons being in the Ship or Boat where they commit their Offences, which fhould bear Witnefs

  • againft them in that Behalf, and alfo fuch as fhould bear Witnefs be commonly Mariners and Shipmen,
  • which for the moft Part cannot be gotten ne had always ready to teftify fuch Offences, becaufe of their

' often Voyages and PafTages in the Seas, without long tarrying or Protraction of Time, and great Cofts ' and Charges, as well of the King's Highnefs, as of fuch as would purfue fuch Offenders :' (z) For Re- Before "hat formation whereof, be it enafted by Authority of this prefent Parliament, That all fuch Offences done in P^ 01 " Offences or upon the Sea, or in any other Haven, River or Creek where the Admiral or Admirals pretend to have ^"'seatn ill t> Jurifdiction, fhall be inquired, tried, heard and determined in fuch Shires and Places in this Realm as fhall heard and df* be limited by the King's Commifllon to be directed for the fame, in like Form and Condition as if fuch Of- tcrmined.

fences had been done upon the Land ; (3) and that fuch Comrciffions fhall be had under the King's Great

. Seal, directed to the Lord Admiral or Admirals, or to his or their Lieutenant, Deputy or Deputies, and to ! three or four fuch other fubftantial Perfons as fhall be named by the Lord Chancellor for the Time being, as often as Need fhall require, to hear and determine fuch Offences after the common Courfe of the Laws of ! the Land ufed for Felonies done and committed within this Realm. II. And be it ena&ed by the Authority aforefaid, Th3t fuch Perfons to -whom fuch Commiflions fhall be By what Jurors directed, or three of them at the leaft, fhall have full Power and Authority to inquire of fuch Offences, by the llme ° { - i the Oaths of twelve good and lawful Men inhabited in the Shire limited in their Commiflion, in fuch like- " 7 Manner and Form as if fuch Offences had been committed upon the Land within the fame Shire ; (2) and n<luir that every Indictment found and preiented before fuch Commiffioners, of any Felonies, Robberies, Mur- , thers or Manflaughters, done upon the Seas, or in or upon any other Haven, River or Creek, fhall be good j and effectual in the Law; (3) and if any Perfon or Perfons happen to be indicted for any fuch Offence j done or hereafter to be done upon the Seas, or in any other Places above limited, that then fuch Order, Procefs, Judgment and Execution fhall be ufed, had, done and made, to and againft every fuch Perfon 3nd I Perfons fo being indicted, as againft Felons and Murtherers for Murther or Felony done upon the Land, as 1 by the Laws of this Realm is accuftomed; (4) and that the Trial of fuch Offence, if it be denied by TheTrial, Ju Jg- the Offenders, fhall be had by twelve Men inhabited in the Shire limited within fuch Commiflion, which ™nt and For- ihall be directed as is aforefaid, and no Challenge to be had for the Hundred ; (5) and fuch ns fhall be con- ?"J re °.' 9!" vi£t of any fuch Offence, by Verdi£t, Confefiion or Procefs, by Authority of any fuch Commiflion, fhall ^ n y cr " in i_ have and fuffer fuch Pains of Death, Loffes of Lands, Goods and Chattels, as if they had been convict, of any Felonies or Murthcrs done upon the Lands. III. And be it enafted by Authority aforefaid, That for Robberies, Felonies and Murthers done upon the clergy rtiall not Seas, or in any other Places above rehearfed, the Offenders fhall not be admitted to have the Benefit of their ^ • illo " td l ° Clergy, but be utterly excluded thereof, and alio of the Privilege of any Sanctuary. t '™'" - P c _ 37. f~m. Abr. v. 16. 346 10 353. IV. Provided alway, That this A£r. extend not to be prejudicial or hurtful to any Perfon or Perfons for Thin ? s ,ak < :n taking of any Victuals, Cables, Ropes, Anchors or Sails, which any fuch Perfon or Perfons, compelled {^"£f Sca by by' ^ J °