Page:Ruffhead - The Statutes at Large - vol 9.djvu/605

This page has been proofread, but needs to be validated.
APPENDIX.
131

ted or perpetrated within the limits of their jurisdictions and authorities. And that every such accusation, information and presentment so taken or had as is aforesaid, shall be of as good force and effect, as if the matter therein conteined had been presented before the Justices of peace in their Sessions.Justices of P. And also that Justices of peace in their Sessions, and every Steward, Understeward, and deputie of Steward Justices of P. of any Leete or Lawday, in their Leete or Lawdayes shall have like power, and authoritie by vertue of this Act, to enquire by the oaths of twelue lawfull men, of all and Angular the heresies, felonies, contempts and other offences above written, done, perpetrated or committed within the limits of their Commissions and authorities.

XIV. And it is also enacted by the authoritie aforesaid, That every such person or persons afore whom any presentment, information, or accusation shall be made and taken as is aforesaid, shall examine the accusers what other witnesse were by and present at the time of doing and committing of the offence whereof the information, accusation or presentment shall be made, and how many other then the accusers have knowledge thereof.Recog. And shall have power and authoritie to binde by recognizance to be taken afore them, as well the said accusers as all such other persons whom the same accusers shall declare to have knowledge of the offences by them presented or informed, every of them in five pounds to the king our Sovereigne Lord, to appeare before the Commissioners afore whom the offender or offenders shall bee tried at the day of the triall of such offenders.

Information, AccusationsXV. And that all and Angular Indentures, Presentments, Accusations, Informations and Recognizances taken and had as is aforesaid, within twenty days next after the taking of the same, shall be certified in due forme by writing upon parchment by the taker or takers thereof, under his or their seals unto any of the said Commissioners, to be appointed as is aforesaid, within the limits of whose Commission the heresies, felonies contempts and offences, whereof any such presentment, indictment, information or accusation shall be taken or had, as is above written, shall bee committed, done and perpetrated. CertificateAnd if any person or persons which hereafter shall happen to take any such accusation, information, presentment or recognizance as is abovesaid, do make default of the certificate thereof contrarie to the forme above rehearsed, that then every person and persons so offending, shall forfeit to our Sovereigne Lord the King for every such default, ten pounds.

ProcesseXVI. And it is further enacted by the authority abovesaid, that the said Commissioners or three of Processe them at the least as is abovesaid, by vertue of this Act and their Commission, shall have full power and authoritie to make like processe against every person or persons, indicted, presented or accused, in forme as is aboue remembred, as is used and accustomed in cases of felonie, and that as well within the limits of their Commission, as into all other shires and places of the realme of Wales, and other the Kings dominions, as well within liberties as without, and the same processe to be good and effectuall in the Law as in cases of felonie. And upon the appearance of any of the offenders, shall have full power and authoritie by vertue of this Act, and the said Commission to here and determine the foresaid heresies, felonies, contempts or other offences, according to the lawes of this Realme, and the effects of this Act.

Comiss.XVII. And it is also enacted by the authority abovesayd, that every of the said Commissioners upon any such accusation, presentment or information, shall endevour him, else effectually, without affection, dread or corruption, to apprehend and lake the offenders, and after the apprehension of any such offender or offenders, shall have full power and authority to commit them to ward. And that the said Commissioners, or two of them at the least, shall have full power and authority to let any person or persons so accused or presented, upon sufficient sureties by their discretions, to baile for their appearance to be tried according to the tenor, forme and effect of this Act.

XVIII. And further it is enacted by the authoritie abovesaid, That if any person or persons which hereafter shall be named and assigned to be Commissioner or Commissioners as is abovesaid, be accused, indicted or presented, of or for any the offences above written, that then all and every such Commissioner or Commissioners, so accused, indicted and presented, shall be examined, put to answere, and tried of, and upon any such offence, according to the tenor and effect of this Act, before such other person or persons as it shall please the Kings highnesse to name, assigne and appoint by his gracious Commission to heare and determine the same.

ChallangeXIX. And it is further enacted by the authority abovesaid. That no person or persons which at any Challenge time hereafter shall be accused, indicted or presented as is abovesaid, shall be admitted to the challenge of any person or persons, which shal be impanelled for the triall of his or their offence for any matter or cause, other then for malice or enmitie, which challenge shall forthwith be tried in like maner as other challenges be used to be tried in cases of felony.

Forreine pleasXX. And it is further enacted by the authoritie abovesaid, That all forreine Pleas triable by Countrey, which at any time hereafter shall bee pleaded by any person or persons hereafter to be arreigned or put to answere upon any accusation, endictment to presentment, or for any of the offences above specified, or of, or for any of them, shall be tried before the same Commissioners afore whom such person or persons shall be arreigned or put to answere, and by the Jurors' that shall trie the said offence or offences without any further respect or delay.

Officers.XXI. And it is further enacted by the authority abovesaid, That all Majors, Shiriffes, Stewards, Officers, Bailiffes of liberties, gaolers, and other officers and ministers, of what name, degree or condition soever they be, and every of them, shal from time to time truely and diligently receive, and serve all and all maner the processes, precepts and commandements to them or any of them by the said Commissioners, or any of them to be made, given or directed, touching or concerning the premisses or any parcell therof, & shall from time to time be obedient and attendant unto the said Commissioners for the time being, for the due execution of this present Act, or of any thing therein contained.

XXII. And