Statutes of the Realm: Volume 5, 1628-80. Originally published by Great Britain Record Commission, s.l, 1819.
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Reasons for passing this Act.
Whereas diverse leud and evill disposed persons intending the ruine and impoverishment of their Fellow Subjects have devised and of late secretly in the night time, and at other times when they thinke their deeds are not knowne frequently practised in severall parts of this Kingdome unlawfull and wicked courses in burning of Ricks and Stacks of Hay, Corne and Graine destroying of Buildings, Trees, and cutting, maiming, wounding and killing of Horses, Sheepe, Beasts, and other Catle in contempt of the Lawes and the insupportable wrong and dammage of many of his Majestyes good Subjects. For prevention whereof and discovery of the offenders Bee it enacted by the Kings most excellent Majestie by and with the advice and consent of the Lords Spirituall and Temporall and of the Coo[m]mons in this present Parlyament assembled and by authoritie of the same That where in any part of this Kingdome any person or persons after the first day of March in the yeare of our Lord One thousand six hundred and seaventy shall in the night time malitiously unlawfully and willingly burne or cause to be burnt or destroyed any Ricks or Stacks of Corne, Hay or Graine, Barns [or (fn. 1) ] other Houses or Buildings or Kilns or shall in the night time malitiously unlawfully and willingly kill or destroy any Horses, Sheepe or other Catell of any person or persons whatsoever every such offence shall be adjudged Felony and the Offenders and every of them shall suffer as in case of Felony.
II. Proviso for Blood, Dower, &c.
III. Offender may elect to be transported for Seven Years.
And bee it further enacted and declared That in case any person or persons who shall be convict or attainted of any the Offences made Felony by vertue of this Act as aforesaid (to avoid Judgement of Death or Execution thereupon for such his Offence) shall make his Election to be transported beyond the Seas to any of his Majestyes Plantations That then the Justices of Assize, Oyer and Terminer Goale delivery or Justices of the Peace before whom such Attainder shall be convict by vertue of this Act and every of them respectively shall cause Judgement to be entred against [every (fn. 1) ] such Offender that he be transported beyond the Seas to some of his Majestyes Plantations in the said Judgement to be perticularly mentioned and expressed there to remaine for the space of seaven yeares, and that in pursuance of the said Judgement the Sheriffe or Sheriffes of the County or Citty where such Offender shall be soe convict or attainted shall cause the said Offender to be safely conveyed and imbarqued to be transported as [aforesaid, and if any such Offender shall returne into this Kingdome before the expiration of the said seaven yeares he shall suffer death as a Felon, and as if noe such Election to be transported had beene made by him. (fn. 2) ]
IV. Maiming Cattle, or throwing down Inclosures, &c. in the Night-time;
And bee it further enacted by the authoritie aforesaid That if any person or persons shall in the night time malitiously unlawfully and willingly maime, wound or otherwise hurt any Horses, Sheepe or other Cattell whereby the same shall not be killed or utterly destroyed or shall destroy any Plantations of Trees or throw downe any Inclosures in manner aforesaid That then every such Offender or Offenders shall loose and forfeite unto the partie greived treble the Dammage which he or they shall thereby sustaine, the same to be recovered by Action of Trespasse or upon the Case or be taken at the Common Law.
V. Three or more Justices of the Peace for County, &c. where Offence committed, may inquire of the Offence;
And bee it further enacted by the authoritie aforesaid That upon the complaint and request of the party or partyes injured in any such manner any three or more Justices of the Peace for the County, Division, Citty, Towne corporate or place where such Offence shall be committed, whereof one to be of the Quorum shall and may and they are thereunto authorized and required by vertue of this Act to inquire aswell by the Oathes of twelve lawfull men or more of the same County as by examination of Witnesses upon Oath or by any lawfull wayes or meanes which to them shall seeme meete of and concerning any the Offences before incurred and Offenders therein, and in order thereunto to issue out Warrants aswell for the summoning of Jurors as for the apprehending of all such persons as shall or may be thereof suspected and to take their Examination touching the same as alsoe to cause all such other persons as to them shall seeme likely to make discovery thereof to appeare before them and to give Information upon Oath of and concerning their knowledge of the Premises soe as noe person soe to be examined by the said Justices of the Peace shall be convicted, or in any wise proceeded against for or by reason of any Offence concerning which he or they shall be soe examined as a Witnesse and shall upon such his Examination make a true discovery thereof, And in case any person or persons who by the said Justices be thought likely to make discovery as aforesaid shall refuse to appeare or to be examined as a Witnesse being duely suu[m]moned by the said Justices in pursuance of this Act, It shall and may be lawfull for the said Justices of the Peace to committ the party soe refuseing to the common Goale for the said County without Baile or Mainprise untill he shall submitt to be examined upon Oath of and concerning his knowledge touching the same Offence or the Offenders by whome the same was committed.
VI. No Double Punishment. Limitation of Prosecution.
Provided That noe person who shall be punished for any Offence by vertue of this Act shall be punished for the same Offence by vertue of any other Act or Law whatsoever, nor shall be questioned for the same unlesse he be proceeded against within six moneths after the Offence committed.