Page:Ruffhead - The Statutes at Large - vol 2.djvu/461

A. D. 1548. Anno fccuiulo Sc tertio Edwardi VI. C. 2$. 423 lc or known, punifh fuch Murderers 01 Icrs, for Offences ,nc ; • (2) nor any Appeal at Ionic Time may lie for the fame, but doth alfo • Manqucllers cfcape thereof without Punifl well in Cafes wh retheCounti d and done may join, as oth rwifi n. (3) And on- tice amongft errant Thieves and Robbei in this Realm, that after they have robbed 01 (loin in ' oik- County, 'hey will convey their Spoil, or Part 1I1 nd (loin, unto fome of their Adhe- ' rents into Come other County where the pi in -ipal ( )ff ni « not committed ne done, who knowing of 1 fiich felony, willingly anil by falfe Covin recciveth the fame: (4) In which Cafe, although the prim 11 I in be alter attainted in one County, the Acceffary efcapeth by reafon that he was acceffary in another inty, and that the Jurors of the (aid other County, by any Law yet made, can take no Knowledge of ' the principal Felony ne Attainder in the tiril County, and lb fuch Acceffarics efcapc thereof unpuniihcd,. "'ii put in tire the fame, knowing that they may efi ape without Punifhmcnt:' (5) For Rcdrcfs TheTrialof a and Punifhmcnt of which Offences, and Safeguard of Man's Life, be it enacted by the Authority of this Mm^utitur th»t prellnt Parliament, Tiii.t where any Perfon or Perfons hereafter fliall be fclonioufly itricken or pouoned in poifom or iirik.ei one County, and die of the fame Stroke or Poifoning in another County, that then an Indictment thereof 'Man ln "? e , fbunden by Jurors of the County where the Death fliall happen, hether it fhall be founder) before the Co- dic"h there 'fin ■ roner upon the Sight of fuch dead Body, or before the Juftices of Peace, or other Juftices or Commiffioncrs mother. which (hall have Authority to enquire of fuch Offences, fliall be as good and effectual in the Law, as ifRaft.pla. 51. the Stroke or Poifoning had been committed and done in the fame County where the Party fliall die, or 3 ,:,fl : *5- fuch In lictment fhall be fo founden •, any Law or Ulage to the contrary notwithstanding. ' '"' ill. And that the Juftices of Gaol-delivery and Oyer and Terminer in the fame County where fuch In lict- „_" ment at any Time hereafter fliall be taken, and alfo the [uftices of the King's Bench, after fuch Indictment where an Ap- fhall be removed before them, fliall and may proceed upon the fame in all Points, as they fhould or ought p"l of Murder to do, in Cafe fuch felonious Stroke and Death thereby enfuing. or Poifoning and Death thereof enfuing, ■" ihe Cafe a- had grown all in one and the fame County : (2). And that fuch Party to whom Apneal of Murder fliall be "f^ <hMba given by the Law, may commence, take and I'ue Appeal of iMurder in the fame County where the Party ' fo felonioufly ftricken or poifoned fliall die, as well againft the Principal and Principals as againft every Acceffary to the fame Offences, in whatfoever County or Place the Acceffary or Acceffaries fliall be guilty to the fame. (3) And further, the Juftices before whom any fuch Appeal fhall be commenced, fued and a taken, within the Year and Day after fuch Murder and Man daughter committed and done, fliall proceed the A^cccfTary. again It all and every fuch Acceffary and Acceffaries in the fame County where fuch Appeal fliall be fo taken, in like Manner and Form as if the fame Offence or Offences of Acceffary or Acceffarics had been commit- ted ?.nd done in the fame County where fuch Appeal fliall be Co taken, as well concerning the Trial by the Jurors, or twelve Men of fuch County where fuch Appeal or Appeals fhall be hereafter taken upon the Plea of Not guilty pleaded by fuch Offender or Offenders, as otherwife. IV. And further be it enacted by Authority aforefaid, That where any Murder or Felony hereafter fhall Trial rf anAe- be committed and done in one County, and another Perfon or mo fhall be Acceffary or Acceffaries in any c '- i! ~ a '7 ■" °n= manner of wife to any fuch Murder or Felony in any other County, that then an Indictment found or taken f- oun '> lo ? Fc " againft fuch Acceffary and Acceffarics upon the Circumftance of fuch Matter before the Juftices of the ano'the^ " Pence, or other Juftices or Commiflioners, to enquire of Felonies in the County where fuch Offences of 1 Leon. Acceffary or Acceffaries in any manner of wife fhall be committed or done, fliall be as good and effectual in 3 '"& 4S. the Law, as if the faid principal Offence had been committed or done within the fame County where the J Co- **?■ fame Indictment againft fuch Acceffary fliall be found: (2) And that the Juftices of Gaol-delivery, or f r : Oyt-r and Terminer, or two of them, of or in fuch County where the Offence of any fuch Acceffary fhall dcr fa ijac.'t. be hereafter committed and done, upon Suit to them made, fhall write to the Cti/ios Kotulcr' or Keepers of c. S. zijjc. the Records where fuch Principal fhall be hereafter attainted or convicted, to certify them whether fuch '■ <"• 2". 2GV0. Principal be attainted, convicted or otherwife difcharged of fuch principal Felony; who upon fuch wri- s- ^. 21- a,:J ting to them or any of them directed, ihull make fufficient Certificate in Writing under their Seal or Seals 25 "' "' c ' '"' to the faid Juftices, whether fuch Principal be attainted, convicted or otherwife difcharged or not. (3) And after they that fo fhall have the Cuftody of fuch Records, do certify that fuch Principal is attainted, D >" =r 4- convicted or otherwife difcharged of fuch Offence by the Law ; that then the Juftices of Gaol-delivery, or I03 ' of Oyer and Terminer, or other there authorized, fhall proceed upon every fuch Acceffary in the County where fuch Acceffary or Acceffarics became acceffary, in fuch Manner and Form as if both the faid princi- pal Offence and Acceffary had been committed and done in the faid County where the Offence of Acceffary was or fhall be committed or done : (4) And that every fuch Acceffary, and other Offenders above ex- preffed, fhall anfwer upon their Arraignments, and receive fuch Trial, Judgment, Order and Execution, and fuffer fuch Forfeitures, Pains and Penalties, as is ufed in other Cafes of Felony; any Law or Cuftom to the contrary heretofore ufed in any wife notwithstanding. C A P. XXV. A Bill for keeping of County-Courts. ' W7 HERE heretofore in the molt Part of all the Shires and Counties within this Realm, the County" sheriff* !hA ' ' VV Court is and hath becnufually kept and holden from Month to Month, and fo at eyery Month' 3 keep iha'r( ' End one County ; yet albeit in fome Counties (though not many) the faid County-Courts are holden from ty-Ccurts ' fix Weeks to fix Weeks, by Force whereof the Officers award out Procefs as well for the King as Procefs momWjs ' of the Peace, out of the King's B;nch, as a 'f° other common Procefs betwixt Party and Party, and the 4 Attomies and Sollicitors, who fue the fame, not knowing the private Cuftom of tuofe particular Shirks, a * whi