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thereof ensue it is commanded, that from henceforth none be so the king and his hardy to tell or publish any false News or Tales, whereby Dis- men. cord, or occasion of Discord or Slander may grow between the King and his People or the great Men of the Realm; and he that doth so shall be taken and kept in Prison until he hath brought him into the Court which was the first Author of the Tale. 3 Ed. 1. c. 34.
Item, of Devisors of false News and of horrible and false Lyes of Prelates, Dukes, Earls, Barons, and other Nobles, and great Men of the Realm, and also of the Chancellor, Treasurer, Clerk of the Privy Seal, Steward of the King's House, Justices of the one Bench or of the other, and of other great Officers of the Realm, of things which by the said Prelates, Lords, Nobles, and Officers aforesaid were never spoken, done, nor thought, in great Slander of the said Prelates, Lords, Nobles and Officers, whereby Debates and Discords might arise between the said Lords, or between the Lords and the Commons (which God forbid), and whereof great Peril and Mischief might come to all the Realm, and quick Subversion and Destruction of the said Realm if due remedy be not provided; it is straitly de- The punishment fended upon grievous pain for to eschew the said Damages and
any false news, Perils, that from henceforth none be so hardy to devise, speak, &c. or to tell, any false News, Lyes, or other such false things, of Prelates, Lords, and of other aforesaid, whereof Discord or any Slander might arise within the same Realm, and he that doth the same shall incur and have the pain another time ordained thereof by the Statute of Westminster the first, which will, that he be taken and imprisoned till he have found him of whom the word was moved. 2 R. 2. st. 1. c. 5.
The Statute 12 R. 2. c. 11. recites the substance of the two foregoing Statutes, and then it is accorded and agreed, that when any such is taken and imprisoned, and cannot find him by whom the Speech be moved, that he be punished by the Advice of the Council, notwithstanding the said Statute.
" Item, whereas in the Statute made at Winchester in the time of King Edward, Grandfather to the King that now is, it is contained, that if any stranger pass by the Country in the Night, of whom any-have suspicion, he shall presently be arrested and delivered to the Sheriff, and remain in ward till
Nighe-walkers shall be apprehende constable: 3 Inst. 197.
he be duly delivered (1); and because there have been divers Manslaughters, Felonies, and Robberies done in times past, by people that be called Rober desmen, Wastors, and Drawlatches," it is accorded, that if any Man have any evil suspicion of such, be it by Day or by Night, they shall be incontinently arrested by the Constables of the Towns. And if they be arrested within Franchises, they shall be delivered to the Bailiffs of the Franchise, and if in Guildable, they shall be delivered to the Sheriffs, and kept in Prison till the coming down of the Justices assigned to deliver the Gaol. And in the mean time the Sheriffs or Bailiffs of the Franchises shall inquire of such Arrests, and at the coming of the Justices return their Inquests before them, with that which they have found, and the cause of the takings, with the bodies, and the Justices shall proceed to the deliverance of such persons arrested according to the Law. And in case that the Sheriffs or Bailiffs of the Franchises have not in. quired of such Arrests, they shall be amerced, and nevertheless the Justices shall make inquiry, and further proceed to the liverance, as before is said.” 5 Ed. 3. c. 14.
Porthern Counties. Forasmuch as now of late years very many of her Majesty's subjects dwelling and inhabiting within the Counties of Cumberland, Northumberland, IVestmorland, and Bishoprick of Orresme, have been taken some forth of their own houses, and some in travelling by the Highway or otherwise, and carried out of the same Counties, or to some other places within some of the said several Counties, as Prisoners, and kept barbarously and cruelly until they have been redeemed by great Ransoms; and where now of late time there have been many Incursions, Roads, Robberies, and burning and spoiling of Towns, Villages, and Houses within the said Counties, that divers and sundry of her Majesty's loving subjects within the said Counties, and the inhabitants of divers Towns there, have been forced to pay a certain Rate of Money, Corn, Cattle, or other Consideration, commonly there called by the name of Black Mail, unto divers and sundry inhabiting upon or near the Borders, being men of name, and friended and allied with divers in those parts who are commonly known to be great Robbers and Spoil Takers within the said
(1) This recited Statute (13 Ed. 1. st. 2. c. 4.) is now become obsolete, being connected with the watchings established by that Act in walled towns.
Counties, to the end thereby to be by them freed, protected, and kept in safety, from the danger of such as do usually rob and steal in those parts; by reason whereof many of the inhabitants thereabouts, being her Majesty's tenants, or other good subjects, are much impoverished, and theft and robbery much increased, and the maintainers thereof greatly encouraged, and the service of those Borders and Frontiers much weakened and decayed, and divers Towns thereabouts much dispeopled and laid waste, and her Majesty's own Revenue greatly diminished; which heinous and outrageous Misdemeanors there cannot so well by the ordinary Officers of her Majesty in those parts be speedily prevented or suppressed without further Provision of Law; for remedy whereof be it enacted, that whosoever shall at any time Offenders in
the northern hereafter, without good and lawful Warrant and Authority, take counties any of her Majesty's subjects against his or their will or wills, falsely imprison
ing any person, and carry them out of the same Counties, or to any other Place or taking or rewithin any of the said Counties, or detain, force, or imprison, him or them as Prisoners, or against his or their wills, to ransom privy thereto, or
burning any barn them, or to make a Prey or Spoil of his or their Person or or stack of corn -Goods, upon deadly feud or otherwise; or whosoever shall be there, or aiding
therein, ousted privy, consenting, aiding, or assisting, unto any such taking, of Clergy. detaining, or carrying away, or procure the taking, detaining, or carrying away of any such person or persons Prisoners as aforesaid; or whosoever shall take, receive, or carry to the use of himself, or wittingly to the use of any other, any Money, Corn, Cattle, or other Consideration, commonly called Black Mail, for the protecting or defending of him or them, or his or their Lands, Tenements, Goods or Chattels, from such Thefts, Spoils, and Robberies as is aforesaid ; or whosoever shall give any such Money, Corn, Cattle, or other Consideration called Black Mail, for such Protection as is aforesaid; or shall wilfully and of malice burn, or cause to be burned, or aid, procure, or consent to the burning of any Barn, or Stack of Corn or Grain, within any the said Counties or Places aforesaid, and shall be of the said several Offences, or any of them, indicted and law. fully convicted, or shall stand mute, or shall challenge peremptorily above the Number of Twenty, before the Justices of Assizes, Justices of Gaol Delivery, Justices of Oyer and Terminer, or Justices of Peace within any of the same Counties, at some of their General Sessions within some of the said Counties to be holden, shall be reputed, adjudged, and taken to be as Felons, and shall suffer Pains of Death without any Benefit of Clergy, Sanc
tuary, or Abjuration, and shall forfeit as in case of Felony.
43 Eliz. c. 13. s. 1, 2. Such ofenders And whereas divers and sundry persons within the said Counbeing outlawed shall be pro
ties being indicted and outlawed for Murders, Robberies, Burclaimed in certain
glaries, or other Felonies, do notwithstanding ordinarily resort and come to Markets, Fairs, and other Publick Assemblies and Meetings and do there converse, traffick and trade, with other her Majesty's subjects, and are entertained and have the Privilege as men obedient to Laws, and yet do never yield themselves to
Trial of Law, nor are apprehended, whereby the ordinary Proceeding of Law and Execution of Justice in those Parts are grown now into very great Contempt: Be it therefore likewise further enacted, that every Clerk of the Peace within every of the said Counties, shall within the Space of Two Months next after any Outlawry within any of the said Counties, deliver or cause to be delivered by Writing under his Hand the Names of all and every such as are or shall be hereafter outlawed within their several Counties, to all and every the Sheriffs of the said several Counties; and all and every the said Sheriffs shall proclaim and publish them to be outlawed in their several County Courts, and in the City of Carlile, the Towns of Penreth and Cockermouth in the County of Cumberland, and in the Towns of Appulby and Kendal in the County of Westmorland, and in the Town of Newcastle upon Tine in the County of the Town of Newcastle upon Tine, and in the Towns of Morpeth, Alnewick, and Hexam, in the County of Northumberland, and in the City of Duresme, and Towns of Darlington, Bishop Awckland, and Bernard Castle, within the Bishoprick of Duresme, and in the Town of Berwick upon Tweed; and that the said Sheriffs having notice as aforesaid, shall from time to time, once in the Month, at their County Court proclaim every of the said persons so outlawed, or hereafter to be outlawed, until they shall yield their Bodies to Prison; and likewise that the Mayors, Bailiffs, Aldermen, and other Chief Officers within the said several Cities and Towns, shall proclaim the like at every Fair or Fairs to be kept within the said Cities or Towns, and
once every Six Weeks at their Markets. S. 3, 4. Persons confer. If any person or persons inhabiting within any the said several ring with, re
Counties, shall wittingly and willingly have conference, talk, or lieving such
in any sort shall relieve, entertain, or confer with any such peroutlaws, punishable by impri- son or persons so outlawed, or hereafter to be outlawed for any sonment, &c.
such Murders, Robberies, Burglaries or other Felonies, having
knowledge of the same Outlawries, by reason of the same Proclamation or otherwise, and then shall not with convenient speed do his best endeavour to take and arrest any such person or persons so outlawed or to be outlawed as is aforesaid, shall suffer imprisonment by the space of Six Months without bail or mainprize, and be bound with two sufficient Sureties for his good Behaviour for the space of one Year after, before he be enlarged of his Imprisonment. 43 Eliz, c. 13. s. 5.
The Justices of Assize within any of the said Counties, Jus- Who shall hear tices of Gaol Delivery, Justices of Oyer and Terminer, or
hine and determine Justices of Peace within any of the said Counties, at any of Mayors, &c. their General Sessions, shall have power and authority by virtue of this Act, to enquire, hear, and determine of the Offences of the said Sheriffs, Mayors, Bailiffs, Aldermen and other Officers, and of the Clerks of the Peace within the said Counties, and proceed against them by Information or Indictment, and punish them by Fine, Imprisonment, or otherwise, as they shall think fit. s. 6.
Provided that this Act shall not extend to abridge or impeach Not to abridge the Jurisdiction or Authority of any the Lords Wardens of any Lord Warden. the Marches of England for and anenst Scotland. s. 7. The Stat. 18 Car. 2. c. 3. enacts, that the Benefit of Clergy Clergy taken
away from great shall be taken away from great known and notorious Thieves and notorious and Spoil takers, in the Counties of Northumberland, Cumber
howard Cumho thieves and spoil land, or either of them, during the continuance of this present berland and NorAct, who shall be duly convicted for Theft done or committed within the said Counties or either of them: or otherwise, that it shall and may be lawful to and for the Justices of the Assize and Commissioners of Oyer and Terminer or Gaol Delivery, before whom such Offenders sball be convicted, within the said Counties or either of them, to transport or cause to be transported the said Offenders, and every of them, into any of his Majesty's Dominions in America, there to remain and not to return; any former law, statute, or usage to the contrary in anywise notwithstanding.
The above Statute of Car. 2. is made perpetual by the Stat. 31 G.2. c. 42. s. 1.