So C. 24* Anno quarto Henrici VII.' A. D. 1487, 1 Leon, mi, according to their Right and Title, within Five Years next after they come and be of Age of xxi. Years, Dyer, f. 71. out f prifon, uncovert, within this Land, and of whole Mind, and the fame Actions fue, or their lawful Bre, Fines lev. £ ntry ra ] ce aru j pur f ue , according to the Law. (9) And if they do not take their Actions and Entry as is '*3- ^"j™ aforefaid, That they and every of them, and their Heirs and the Heirs of every of them, be concluded by i Anderf." 3 o3. the faid Fines for ever, in like Form as they be that be Parties or Privies to the faid Fines: (10) Saving 1 Roll 167. to every Perfon or Perfons, not Party nor Privy to the faid Fine, their Exception to avoid the fame Fine-, 3 lnft.416. by ,-hat, that thofe which were Parties to the Fine, nor any of them, nor no Perfon or Perfons to their Ufe, Bro. Fines lev. ng {Q ^ jjfe Q f any c t hem, had nothing in the Lands and Tenements comprifed in the faid Fine at the Z ° 9 ' Time of the faid Fine levied. (_i 1 ) And it is ordained by the faid Authority, That every Fine that here- after fhall be levied in any of the King's Courts, of any Manors, Lands, Tenements, and other Poffeffions, after the Manner, Ufe, and Form, that Fines have been levied afore the making of this Act, be of like Force, Effect, and Authority, as Fines fo levied be or were afore the making of this Act; this Act, or 1 Mar. feff 2. any other Act in this prefent Parliament made or to be made notwithflanding. (12) And every Perfon c. 7. See fir- fhall he at Liberty to levy any Fine hereafter at his Pleafure, whether he will after the Form contained and ordained in and by this Act, or after the Manner and Form aforetime ufed. Rats 2 $ El. c. 3 31 El. c, 2. and 4 Ann. c. j 6. The Fourth Parliament, holden at Weflminffer o« Monday the Seventeenth- Day of O&ober in the Seventh Tear of the Reign of King Henry. VII. CAP. I. The Penalty of a Captain or Soldier retained to ferve the King in his intended Wars, not doing; their Duties. 3 Inn. 85. c T70^- as mucn as it i s notorioufly known, that the King, to his great Cofts and Charges* hath fen 6 6 Co. 17. ' JL^ his Ambaffadors to Charles his Adverfary of France, to have had a convenient Peace with him,. 3 Mod. iz$. ' and to have his Right without EfFufion of Chriftian Blood, which was refufed; (2) wherefore the King* , ' by the Grace of God, in whofe Hands and Difpofition refteth all Victory, hath determined hirafelf to ' pafs over the Sea into his Realm of France, and to reduce Poffeffion thereof by the faid Grace to him, ' and to his Heirs, Kings of England, according to his rightful Title, whereby he trufteth not only to ' bring this his Realm to the ancient Fame and Honour, but alfo to inrich, and fet in perfect Peace and s Tranquillity his Subjects of the fame, trufting that thereby the more Part of all Chriftian Realms fhall be ' in more perfect Peace and Tranquillity, and the better difpofed to ferve God; which cannot be done by c all Likelihood without Battle, as well on the Sea, as in other Places beyond the Sea, wherein Almighty; ' God muft be Judge, in whofe Defence, Mercy, and Goodnefs, the King putteth his full Truft above ' all other Things; (3) howbeit, .many Times, by the inordinate Covetife of Captains retained with. 1 Princes afore this Time, great Part of the Number of Soldiers, for whom fuch Captains have endented, 1 with Princes, at Time of Need have lacked of their Number of Soldiers, whereby great Jeopardies have '■ enfued, and irrecuperable Damages thereby may enfue, if Remedy be not therefore forefeen and had:' The Penalty of (4) Be it therefore ordained by the Authority of this prefent Parliament, That if any Captain be retained, 3 P'vfnlNi or nerea ft er fhall be, to ferve the King on the Sea, or beyond the Sea in.Feat of War, which hath not his have the whole or their whole and perfect Number of Men and Soldiers, according as he fhall be retained with the King, Number of his or give not them their full Wages without fhorting as he fhall receive of the King for them, except for-- Soldiers, or not Jackets for them that receive Land-wages, that is to fay, vi.s. vi'ii.d. for a Yeoman, and xii'i.s. iv.d, pay them their f or a Gentleman, for a whole Year, he lhall for fuch Default forfeit to the King all his Goods and Chatties, . W H B T e and their Bodies t0 Prifon. The c'aptani ^'" And that every Captain, petty Captain, and all other having under them Retinue of any Soldier or lhall pay to his Soldiers at the King's Wages, lhall, upon the Pain aforefaid, pay to their Retinue of Soldier or Soldiers, Soldiers their and every of the fame, the Wages rateably as is allowed unto them by the King our Sovereign Lord, or -
- ages within the Treafurer of his Wars, without leffening or withdrawing any Part thereof; (2) and for as long Time
the Receipt" as ^^ *^ a " rece ' ve Wages for them, this Payment unto the faid Retinues, and every Soldier of the fame, thgfeol. of their Captains and petty Captains, always lhall be within Six Days next and immediately after that the Cro. Car. 71. faid Captain, petty Captain, or other fhall have received their Wages of the King, or of the Treafurer of It (hall beFe-_ his Wars, or their Lords or Mailers. (3) And if any Soldier, being no Captain, immediately retained lony for a Soldier ^^ t ^ e King, which hereafter fhall be in Wages and retained, or take any Preft, to ferve the King upon oufuccnce" " t ^ le ^ ea ' or u P on . the Land beyond the Sea, depart out of the King's Service without Licence of his Cap- j&H. 6. c. 19. tain, that fuch departing be taken, deemed, and adjudged Felony, and that he fo offending fuffer for the
- &3Ed.6.c.2. faid Offence Puniihment and Execution of Felony. (4) And forafmuch as his Offence ftretcheth to the
Hurt and Jeopardy of the King our Sovereign Lord, the Nobles of the Realm, and of all the Common Jullices of Peace Weal thereof, that therefore he or they fo offending enjoy not the Benefit of his Clergy, (<;) And that it: may cn l" ire of » be ordained by the faid Authority, That all the Juftices of the Peace in every Shire of England, whereas
- '■ the Of-"" an y '" c ' 1 Offenders be taken, have Power to inquire of the faid Offences, and the fame to hear and de~
fencesof Soldiers termine, as they do and may do of Felonies, TrefpafTes, and of other Offences expreffed in the King's departing with- Cornmilnon to them made, as though ths faid Offences were done in the fame Shire. (6) And alfo that out Ucence. ^Vj e
