No. XII. 1 James I. c. 11. Felony to marry a second husband or wife, the former being liv. ing. To what persons this sta tute shall not extend. sons from Marriage until their former Wives and former Husbands be dead.* FORASMUCH as divers evil disposed persons being married, out of one county into another, or into places where they are not known, and there become to be married, having another husband or wife living, to the great dishonour of God, and utter undoing of divers honest men's children, and others;' Be it therefore enacted by the King's Majesty, with the consent of the Lords Spiritual and Temporal, and of the Commons, in this present Parliament assembled, That if any person or persons within his Majesty's dominions of England and Wales, being married, or which hereafter shall marry, do at any time after the end of the Session of this present Parliament, marry any person or persons, the former husband or wife being alive; that then every such offence shall be felony, and the person and persons so offending shall suffer death as in cases of felony; and the party and parties so offending shall receive such and the like proceeding, trial and execution in such county where such person or persons shall be apprehended, (1) as if the offence had been committed in such county where such person or persons shall be taken or apprehended. II. Provided always, That this Act, nor any thing therein contained, shall extend to any person or persons whose husband or wife shall be continually remaining beyond the seas by the space of seven years together, (2) or whose husband or wife shall absent him or herself the one from the other by the space of seven years together, in any parts within his Majesty's dominions, (3) the one of them not knowing the other to be living within that time. III. Provided also, and be it enacted by the authority aforesaid, That this Act, nor any thing herein contained, shall extend to any person or persons that are or shall be at the time of such marriage divorced by any sentence had or hereafter to be had in the Ecclesiastical Court; (4) or to any person or persons where the former marriage hath been or hereafter shall be by sentence in the Ecclesiastical Court declared to be void (5) and of no effect; nor to any person or persons for or by reason of any former marriage had or made, or hereafter to be had or made within age of consent. It is supposed in E. P. ch. 12. § 1, that by the statute de Bigamis, 4 Ed. I. c. 5, the offence mentioned in this statute was constituted a capital felony; and it is observed that the benefit of clergy was restored by stat. 1 Ed. I. c. 12. § 16, (ante Cl. II. No. 18.) But this view of the statutes alluded to is founded on a mistake; as the enactment in the first statute did not relate to marriage during the life of a former husband or wife as being a substantive felony; but to the excluding from the privilege of clergy persons convicted of any other felony, who had been twice married, or who had married a widow or widower, which by the latter statute was abrogated. This appears very distinctly upon the face of the statutes themselves. (1) Kelyng and Hawkins make a quære, Whether a person committing polygamy in Ireland is not by this provision within the Act. But there is strong objection to presume, without express words, that the Act intended to legislate for offences out of the kingdom; and the provision is fully satisfied by applying to the trial in one county of an offence committed in another. See i East, ch. 12. § 2. (2) This exception is held to apply although the party have notice; 1 Hale, 693; 3 Inst. 88. The exception extends to Ireland; 1 Hale, 693. (3) This in Favorem Vitæ must be intended England, Wales, and Scotland, 1 Hale, 693. (4) A divorce a Mensâ et Thoro is sufficient; 1 Hawk. ch. 43. sec. 5.; Middleton's Case, Kelyng 27; 1 E. P. C. ch. 12. § 4. In the case of William Martin Lolly, Lanc. Sept. Ass. 1812, it appeared that the prisoner and his wife had been divorced by the Courts of Scotland, at the suit of the wife, for the adultery of the husband, which divorce, by the law of Scotland, is a dissolution of the marriage; and the case being reserved for the opinion of the Judges, Thomson B. at the assizes following stated it to be their opinion 1. That a marriage lawfully contracted in England, cannot be dissolved in a different country by any authority whatever; and 2. That the proviso relates only to the sentences of Courts in England. The question as to the effect of such divorce afterwards occurred, Tovey v. Lindsay, in Dem. Proe. 1 Dow. 117, which was remitted to the Court below for review. Q. Whether it has been since decided? (5) The case is within the proviso, notwithstanding an appeal; 1 Hale, 694, 1 Inst. 89; 1 East, ch. 12. § 5. A sentence in a case of jactitation is not conclusive against the marriage; or if otherwise conclusive, may be shewn to have been obtained by collusion; Duchess of Kingston's Case, 16 Geo. III. IV. Provided also, That no attainder for this offence, made felony by this Act, shall make or work any corruption of blood, loss of dower, or disinherison of heir or heirs. No XII. 1 James I. c. 11. of dower or in No. XIII. c. 67. [No. XIII.] 35 George III. c. 67.-An Act for rendering No corruption more effectual an Act, passed in the First Year of the of blood, loss Reign of King James the First, intituled, An Act to re- heritance. strain all Persons from Marriage until their former Wives and former Husbands be dead.—[19th May, 1795.] WHEREAS the punishment of persons convicted of felony, under or by virtue of an Act, made in the first year of the reign of King 35 Geo. III. 'James the First, intituled, An Act to restrain all Persons from Marriage until their former Wives and former Husbands be dead, has not proved ef'fectual to deter wicked and evil-disposed persons from being guilty of the ' offence therein described:' Be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That if any person or persons within his Persons conMajesty's dominions of England and Wales, being married, or which here- victed in Engafter shall marry, do, at any time from and after the passsing of this Act, land of bigamarry any person or persons, the former husband or wife being alive, and my, subject to shall be in due manner convicted thereof under the said Act, shall be subthe penalties ject and liable to the same penalties, pains, and punishments as, by the inflicted for laws now in force, persons are subject and liable to who are convicted of grand or petit larceny. 1 Jac. 1. c. 11. larceny ; tain before the expiration of the term for II. And be it further enacted, That if any person or persons, who shall and returning be ordered to be transported by virtue of this Act, shall be after- to Great Briwards at large within Great Britain, without some lawful cause, before the expiration of the term for which such person or persons shall be ordered to be transported, all and every such person and persons, being thereof lawfully convicted, shall be guilty of felony, and suffer death as a felon, without benefit of clergy. which they are III. And be it further enacted, That such person and persons so ordered to be transported as aforesaid, and afterwards found at large within Great turning from Britain, may be tried for such offence either in the county where such per- transportation son or persons was or were so convicted and ordered to be transported as where to be aforesaid, or in such county where such person or persons shall be ap- tried, &c. prehended and taken (such county being within England or Wales): and in such latter case the clerk or other person having the custody of the records of the court by which such person or persons was or were ordered to be transported, shall certify a transcript, briefly containing the tenor and effect of the record of the indictment, verdict, and judgment against such person and persons; which certificate being produced to the court before whom such person or persons shall stand on their trial, shall be deemed and taken to be sufficient evidence of the indictment, verdict, and judgment contained in such record. PART V.-CLASS VI. RIOTS, AND OFFENCES ATTENDED WITH [The Statutes respecting forcible entry are included in Part VI.] [No. I.] 66 66 7 Edward I. st. 1.-To all Parliaments and treatises, every man shall come without force and arms.* EDWARD, by the grace of God, King of England, lord of Ireland, and duke of Aquitain, to the justices of his bench sendeth greeting. "Whereas of late, before certain persons deputed to treat upon sundry debates had between us and certain great men of our realm, amongst "other things it was accorded, That in our next Parliament, after provi"sion shall be made by us, and the common assent of the prelates, earls, "and barons, that in all Parliaments, treatises, and other assemblies, which "should be made in the realm of England for ever, that every man shall come without all force and armour, well and peaceably, to the honour of 66 us, and the peace of us and our realm. And now, in our next Parliament at Westminster, after the said treatise, the prelates, earls, barons, " and the commonalty of our realm, there assembled to take advice of this business, have said, that to us it belongeth, and our part is, through our royal seigniory, straitly to defend force of armour, and all other force against our peace, at all times when it shall please us, and to punish them "which shall do contrary, according to our laws and usages of our realm; "and hereunto they are bound to aid us, as their sovereign lord at all sea66 sons, when need shall be." 'We command you, that ye cause these things to be read afore you in the said bench, and there to be enrolled. Given at Westminster, the thirtieth day of October, in the seventh year of our reign.' 66 ર 66 [No. II.] 2 Edward III. c. 3.—No man shall come before the justices, or go or ride armed. ITEM, it is enacted, That no man, great nor small, of what condition " soever he be, except the King's servants in his presence, and his mi'nisters in executing of the king's precepts, or of their office, and such as 'be in their company assisting them, and also upon a cry made for arms to keep the peace, and the same in such places where such acts happen, 'be so hardy to come before the King's justices, or other of the King's ministers, doing their office with force and arms, nor bring no force in affray of the peace, nor to go nor ride armed by night nor by day in fairs, 'markets, nor in the presence of the justices or other ministers, nor in no part elsewhere, upon pain to forfeit their armour to the King, and their 'bodies to prison, at the King's pleasure. And that the King's justices in 'their presence, sheriffs, and other ministers in their bailiwicks, lords of franchises, and their bailiffs in the same, and mayors and bailiffs of cities and boroughs, within the same cities and boroughs, and borough-holders, 'constables, and wardens of the peace within their wards, shall have power 'to execute this Act. And that the justices assigned, at their coming 'down into the country, shall have power to enquire how such officers and lords have exercised their offices in this case, and to punish them whom they find that have not done that which pertained to their office.' [No. III.] 7 Richard II. c. 13.-No man shall ride in har- That from henceforth no man shall ride in harness within the realm, contrary to the form of the statute of Northampton thereupon made, neither with launcegay within the realm, the which launcegays be clearly put out within the said realm, as a thing prohibited by our lord the King, upon pain of forfeiture of the said launcegays, armours, and other harness, ' in whose hands or possession they be found that bear them within the 'realm, contrary to the statutes and ordinances aforesaid, without the King's special licence.' *This is taken from the Secunda Pars Veterum Statutorum, and is in all the English editions. [No. IV.] 17 Richard II. c. 8.-The sheriffs, and all other No. IV. the King's officers, shall suppress rioters, and imprison 17 Rich. II. them, and all other offending against the peace. ITEM, Whereas, at the Parliament holden at Westminster, the fifth year of the reign of our sovereign lord the King that now is; foras"much as villaines and other offenders of late have risen by assemblies and outrageous number, in divers parties of the realm, against the King's dignity and his crown, and the laws of his land; it was straitly defended by "the King to all manner of people, That none from henceforth should "make, or begin again such riot or rumour, nor other like; and if any man "did, and that duly proved, he should be taken, as a traitor to the King "and his realm. Nevertheless, a grievous complaint was made to our "sovereign lord the King in this present Parliament, That divers people, "not having consideration to the said defence, as well in the counties of "Chester, Lancaster, and elsewhere in England, have made such assemblies " in outrageous manner, to accomplish their malice against the King's peace, "his crown, his dignity, and the laws of his land:"Wherefore our sovereign lord the King, in this present Parliament, hath defended to all the liege people, as well lords as other, of whatsoever estate that they be, that none shall make such assemblies, riot, or rumour against the peace, in no ' wise; and if any such assembly be begun, as soon as the sheriffs and other the King's ministers may thereof have knowledge, they, with the strength of the county and country, where such case shall happen, shall set dis' turbance against such malice with all their power, and shall take such offenders, and them put in prison, till due execution of the law be of 'them made, and that all lords, and other liege people of the realm, shall be attending and aiding, with all their strength and power, to the sheriffs ' and ministers aforesaid.' [No. V.] 20 Richard II. c. 1.-No man shall ride or go armed. Launcegays shall be put out. FIRST, Whereas, in a statute made the seventh year of the reign of the King that now is, it is ordained and assented, That no man shall "ride armed within the realm, against the form of the statute of Northampton thereupon made, nor with launcegays within the same realm; " and that the said launcegays shall be utterly put out within the said realm, "as a thing prohibited by the King, upon pain of forfeiture of the same "launcegays, armours, or any other harness, in the hands and possession of "them that bear them from henceforth, within the same realm, against the same statutes and ordinances, without the King's special licence:" Our lord the King, considering the great clamour made to him in this present Parliament, because that the said statute is not holden, hath ordained and ' established in the said Parliament, That the said statutes shall be fully ' holden and kept, and duly executed, and that the said launcegays shall 'be clear put out, upon the pain contained in the said statute of Northampton, and also to make fine and ransom to the King. And moreover, ‹ That no lord, knight, nor other, little nor great, shall go nor ride by night nor by day armed, nor bear sallet nor skull of iron, nor of other armour, upon the pain aforesaid, save and except the King's officers and ministers c. 8. No. V. 20 Rich. II. c. 1. in doing their office. And moreover, the King will and hath ordained, The statute of That the statute made in the first year of his reign, of liveries of hats, 'shall be holden and kept, upon the pain contained in the same statute, ❝ and upon pain to be imprisoned, and make fine and ransom to the King.' [No. VI.] 5 Henry IV. c. 5.-It shall be felony to cut out the tongue, or pull out the eyes, of the King's liege people. 1 R. II. c. 7. touching giving of liveries confirmed. No. VI. ITEM, Because that many offenders do daily beat, wound, imprison, 5 Henry IV. and maim divers of the King's liege people, and after purposely cut c. 5. No. VI. 5 Henry IV. c. 5. No. VII. 13 Hen. IV. c. 7.. "their tongues, or put out their eyes;" it is ordained and stablished, That in such case the offenders that so cut tongues, or put out the eyes of any of the King's liege people, and that duly proved and found, that 'such deed was done of malice prepensed, they shall incur the pain of felony.' [No. VII.] 13 Henry IV. c. 7.-The justices of the peace of people against the law, be made in parties of the realm, that the justices of peace, three, or two of them at the least, and the sheriff or under-sheriff of the county where such riot, assembly, or rout shall be 'made hereafter, shall come with the power of the county (if need be) to arrest them, and shall arrest them; and the same justices and sheriff, or under-sheriff, shall have power to record that which they shall find so 'done in their presence against the law; and that by the record of the same justices and sheriff, or under-sheriff, such trespassers and offenders 'shall be convict in the same manner and form as is contained in the staInquiry of the tute of forcible entries. And if it happen that such trespassers and of'fenders be departed before the coming of the said justices and sheriff, or under-sheriff, that the same justices, three or two of them, shall diligently inquire, within a month after such riot, assembly, or rout of people so made, and thereof shall hear and determine, according to the law of the 'land. offenders. Certificate of a riot, and the punishment of offenders. A traverse of a riot triable in the King's Bench. * Add and offenders. Conviction of offenders for default of appearance. + Add trespassers and The penalty of the next justices omitting their office. 6 II. And if the truth cannot be found in the manner as is aforesaid, then ' within a month then next following, the justices, three or two of them, and the sheriff or under-sheriff, shall certify before the King and his coun'cil all the deed and circumstances thereof, which certificate shall be of like force as the presentment of twelve; upon which certificate the said trespassers and offenders shall be put to answer, and they which shall be found guilty, shall be punished according to the discretion of the King and his council. III. And if such trespassers and offenders do traverse the matter so certified, the same certificate and traverse shall be sent into the King's Bench, 'there to be tried and determined as the law requireth. And if the same trespassers do not appear before the King and his council, or in the 'King's Bench, at the first precept, then shall be another precept directed to the sheriff of the county, to take the said trespassers and offenders, if they may be found, and to bring them, at a certain day, before the King and his council, or into the King's Bench. And if they cannot be found, That the sheriff or under-sheriff shall make proclamation, in his full county next ensuing the delivery of the second precept, that they shall appear before the King and his said council, or in the King's Bench, or in the 'Chancery in the time of vacation, within three weeks then next following. And in case the same + offenders come not as afore is said, and the pro'clamation made and returned, they shall be convict and attainted of the ' riot, assembly, or riot aforesaid, notwithstanding any article or ordinance 'made to the contrary. IV. And moreover, That the justices of peace dwelling nighest in every county where such riot, assembly, or rout of people shall be made hereafter, together with the sheriff or under-sheriff of the same county, and also the justices of assizes for the time that they shall be there in their session, in case that any such riot, assembly, or rout be made in their preshall do execution of this statute, every one upon pain of an hundred pounds, to be paid to the King, as often as they shall be found in ' default of the execution of the same statute.' [No. VIII.] 2 Henry V. st. 1. c. 8.-Commissions shall be awarded to inquire of a riot, and of the justices' default therein. |