Page:Ruffhead - The Statutes at Large - vol 2.djvu/613

A.D. 1562. Anno quinto Regime T.li/ at,;, n.r C. C A P, XXIIf. An Aft for the due Execution of the Writ (/ ■ . ' ' T? t ' ra '" muc ' 1 as divers Perfons offending in many g«i1 tuning meet ' X/ Jurifdiction and Determination df the Ecclefiaftical Court ' unpunifhed for lack and want of the good and di 1 (edition of the Wril ' reeled to the Sheriff of any County, for die Taking and Apprehending of fm I • ' Abufe whereof, as it fliould term, hath grown foi thai me faid Win 1 no) 1 ' that might have the Judgment of the well-executing and ferving of the (aid Writ 1 ordi , ' thereof; (3) but hitherto have been left only to the Difcretion of the Sheriffs and fh ' whofe Negligences ;nul Defaults lor the moll part the laid Wrii is not ex© uted upon the ' 1 ought to bet (4) By Reafon whereof fuch Offenders be greatly encoura ' criminous Life, much to the Difpleafure of Almighty God, and to the gre.it Contempt of the Ecclcfi ' cal Laws of this Realm:' this Writ. 4 Inft. 219. Cro. El. 144. 1 Bullti. 1:1. j Bolflr. 9*. - Ir.i. --,. 11 174, II. Wherefore for the Redrefs thereof, be it enacted by the Queen's moft excellent Majeiry, with the Awirfing mt AlTent of the Lords Spiritual and Temporal, and the Common , in this prd'enc Parliament allemhled, and ' " ;ri ' by the Authority of the lame, That from and after the firft Day of I/.-, next cm, in:,, every VVl r of Ex TrjeSfcerirTflull jracrced for at the lead twenty Days between the Tefit and the Return thereof: [4) And alter the fame Writ fljall b fo made and fealcd, that then the faid Writ fhnll be forthwith brought into the f.ii I Court of King's Bench, Cro • and there, in the Prefence of the Jufticcs, (hall be opened and delivered of Record to the Sheriff or other ' i - J - lt:, i< xt > Officer to whom the Serving and Execution thereof fliall appertain, Or to his or their Deputy or Deputies: (5) And if afterwards it fliall or may appear to the Juftices of the fame Court for the Time being, that the fame Writ fo delivered of Record be not duly returned before them at the Day bf the Return thereof or that any other Default or Negligence hath been tiled or had in the not well ferving and executing of the faid Writ; that then the Juftices of the faid Court fhall and n.ay, by Authority of this Aft, affefs Ti fuch Amerciament upon the faid Sheriff' or other Officer in whom fuch Default fliall appear, as to Difcretion of the faid Juftices fhall be thought meet and convenient; which Amerciament fo alTcflcd ihall the Writ?'" 6 ° be eftreated into the Court of Exchequer, as other Amerciaments Hive been tiled. III. And be it further enacted by the Authority aibrefaid, That the Sheriff or other Officer to whom what flull is fuch Writ of Excommunicate capiendo, or other Procefs by Virtue of this Act ihall be directed, (hall not in <i,c ■"* *■ fin* wife be compelled to bring the Body of fuch Perfoh or Perfons as (hail be named in the laid vVrit or Procefs, into the faid Court of the King's Bench at the Day of the Return thereof; (2) but fhall only™" return the fame Writ and Procefs thither, with Declaration briefly how and in what Manner he hath icrved and executed the fame, to the Intent that thereupon the faid Juftices may then further therein proceed according to the Ti nor and Effect of this prefent Act. IV. And if the faid Sheriff or other Officer to whom the Execution of the faid Writ fhall fo apper- "" the si rr'-r re- tain, do or (hall return that the Party or Parties named in the faid Writ cannot be found within his Bai- turn Non cft '»- liwickj that then the faid Juftices of the King's Bench for the Time being, upon every fuch Return, vcmu ' - fhall award one Writ of Capias againft the faid Perfon or Perfons named in the (aid Writ of Excpmmu- Firrt Capiat. nicato Capiendo, (2) returnable in the fame Court in the Term-time, two Months at leaft next af:er the Tc/ie c '"- i lc - 5 £5 - thereof, "(3) with a Proclamation to be contained within the faid Writ of Capias, that the Sheriff or oth Officer to whom the faid Writ fhall be directed, in the full County-Cotirt, or clfc at the Genera! A/hzes r , and Gaol-delivery to be holden within the faid County, or at a Quarter-Seffions to be holden before the Juftices of the Peace within the faid County, fhall make open Proclamation ten Days at the leaft before the Return, that the Party or Parties named in the faid Writ fhall, within fix Days next after fuch Proclamation, yield his or their Body or Bodies to the Gaol or Prifon of the laid Sheriff or other fuch Officer, there to remain as a Prifoner, according to the Tenor and Effect of the firft Writ of Exi -.- municnto Capiendo, upon Pain of Forfeiture often Pounds : (4) And thereupon after fuch Proclamation had, and the faid fix Days paft and expired, then the faid Sheriff" or other Officer to whom fuch Writ of Capias fhall be directed, fhall make Return of the fame Writ of Capias into the faid Court of the King's Bench, of all that he hath done in the Execution thereof, and whether the Party named in the faid Writ, have yielded his Body to Prifon or not. V. And if upon the Return of the faid Sheriff" it fliall appear, that the Party or Parties named in the fame Ten P Writ of Capias, or any of them, have not yielded their Bodies to the Gaol and Prifon of the faid Sheriff or F -'" ; " other Officer, according to the Effect of the fame Proclamation; that then every fuch Perfon that fo fhall™ make Default, fliall for every fuch Default forfeit to the Qjieeh'*S nigtirie'ls, her Heirs and Succeffors, I Pounds ; (2) which fhall likewife be eftreated by the faid Jufticcs into the faid Court of Exchequer, in fuch Manner and Form as Fines and Amerciaments there taxed and ailefled are ufed to be. VI. And thereupon the faid Juftices of the King's Bench fliall alio award forth one other Writ 1 againft the Perfon or Perfons that fo fhall be returned to have mad; Default, with fuch like Proclamation as was contained in the firft Capias, and a Pain of twenty Pounds, to be mentioned in the faid lecond Writ 4. C 2 and