Page:Ruffhead - The Statutes at Large - vol 2.djvu/197

 A § D. 153 ii Anno vicefimo tcrtio II e nri c 1 VIIT. C. r. r 59 i, but continuaHy Gthen that Time manifcfl Thieves nivi Jl
 * f our I guilty 1 nd fubftantial Lnauefl i, and upon |

,, [ullices, and afterward! by tb i mmon Law Ord Cl 1 ■, I peedily and haftily deliver ' the Minifl I Ordinaries, for C ■ i and Lucre ; (6) or elfe becaufc the Ordinaries, en- s by the Liberties of the Church, will in no wife take the Charges in f.ffe keeping of ling the I ri: 1 and Conviction of the faid OfFcndcrs by the due and plain Courfc of t [VJii,;, and b; fuch Frai I adnul and make void all the good and proveahle Trial that is ufed againft ' fuch Offender by the King's Laws, to the great Slander of fuch as purfuc fuch Mifdoers, and to the per- - n j,, Incn fe, and I iui ge of fuch Offenders, if the King's Highncfs, by his Authority ' Royal, put Remedy in the Premiffes, as appertaineth :' HI, Bcittl the King our Sovereign Lord, and the Lords Spiritual and Temporal, and Co. pL f. }$», the Commoi prefent Parliament aflembled, ami by Authority of the fame, That no Perfon nor t-'i"c; c - ,;i " [hall happen to be found guilty after the Laws of this Land, for any Manner of (^Xkhio 1 petii i, wilful Murder of Malic iprepenfed, or for robbing of any Churches, Chapels, or comroit jj ins -of any Per (on or Perfons in theii Dwelling noufes, or Dwelling Place, the Ofknca. ■ i Dwellei in the fameHoufe, his Wife, his Children or Servants the;i being within, and put in Extended to ime, or for robbing of any Perfon or Perfons in or near about the Highways, or for S^S"!, wilful burning of any Dwelling Houfes, or Barns wherein any Grain of Corns (ball happen to be, nor any [..^ r °icommi- oi Perfons being found guilty of any Abetment, Procurement, Helping, Maintaining, or Counlcl- t .j. lin", of or to any fuch Petit 1 rcafons, Murders, or Felonies, (hall from henceforth be admitted to the 3 Intl. 64, < Benefit of his or their Clergy, but utterly be excluded thereof, and fufr'er Death in fuch Manner and Form, "'j- as they fhould have done for any the Caufes or Offences abovefaid, if they were no Clerks; fuch as be within ]^' 6 '^ 'J' holy Orders, that is to fay, of the Orders of Sub-deacon, or above, only except. 6g. )nB 7 D)cr,f.z24. I1C0.29. Extended to Robberies in Booths ot Tents, &c. by 5 & 6 Ed. 6. c. 9. 1 Bulltr, 11:. IV. And be it further enacted by Authority aforefaid, That every fuch Perfon and Perfons within fuch N°ne within Orders of Sub-deadon, or above, which at any Time hereafter be found guilty of any Petit Treafon, or of ho £ ?v«' s f' any Murder of Malice prepenfed, or of any Of the Felonies above fehearied, or of any Acceffary to Petit g^a,,,]^,!^ 'Fiction, wilful Murder, ot to any other the Felonies above fpecified, and admitted to his or their Clergy, Purgation, un. and delivered to the Ordinary for the fame, fhall not in any wife from henceforth be fuffered to any Purga- lefs he become tion, nor be let at Liberty, but remain and abide in perpetual Prifon, under the keeping of the Ordinary, to ^und with Sure. whom he fhall be committed, and his Succeffors, without any Manner of Purgation during the natural Life ^f' • of every fuch Convict, (2) except only fuch Perfon or Perfons fo being within fuch holy Orders, and con- vict of or for any of the Offences aforefaid, and delivered to the Ordinary for the fame, do find Two fufficient Sureties by Recognizance before Two of the King's Juftices of his Peace, within the fame Shire wherein the Petit Treafon, Murder, or Felony, whereof he was convicted, was committed and done, whereof One of them to be of the Quorum, that fitch Convict fhall be of good abearing againft the King our Sovereign Lord, his Laws and Subjects, every fuch Convict to be bound in the Sum of xl. //'. and every his Sureties in xx. Ii. (3) and that no Surety be taken, unlefs fuch as may difpend in Lands, Tenements, or Hcredita- Of what Eflatc inents yearly, above all Charges, of Fftate of Inheritance of Charterhold, xxvi.s. viii.d. or elfe be worth the Sure-.. xx. 11. in moveable Subftance at the Time of the taking of fuch Recognifance ; (4 ) and that Two Juftices of ° e ' Peace, whereof One to be of the Quorum, by Authority aforefaid, have Power and Authority to take fuch Recognifance; (5) and that the laid Juftices, afore whom any fuch Recognifance fhall be taken, fhall cer- tify the fame into the King's Bench, within Four Months next after the taking thereof, upon Pain to lofe and forfeit C.s. for every Default thereof. V. Provided alway, That this Act extend not to give any Benefit to any fuch Perfon or Perfons, which, He that is at- after their Confeffion, or Judgement given againft them, of or for Felony, or Murder, or after they be out- «" nt °<"t- lawed for any fuch Caufe, be admitted to their Clergy, and delivered to the Ordinary for the fame, but that P 1. 31 '" ' m . ake they and every of them fhall remain in the Cuftody of the Ordinaries without making Purgation, upon fuch 11S L ™"' iL Peril, and in fuch Manner and Form, as it was ufed by the Common Law before the making of this prefent Aft; this Act or any Thing therein contained notwithstanding. VI. Provided always, and it is further enacted, That every Ordinary, to whofe Cuftody any fuch Con- An Ordinary vict for any of the Offences above rehearfed fhall be committed, may at his Liberty difgrade every fuch Con- ma/degrade ? vict after the Laws of the Church, if he fee caufe fo to do, and fend the Convict (b difgraded, in lure and convia Perfon, fafe keeping, into the King's Bench, with a Certificate under his Seal, teftifying the faid difgrading, (z) *?* k" a ^ ,m w upon which the Juftices of the King's Bench, having afore them the Record upon which the faid Perfon fo ncncb'" S ' difgraded was firit convict, fhall give fuch like Judgement of Death upon the fame Record, againft every fuch Perfon fo convict, and difgraded, as the Juftices afore wh cm he was convict might have clone, if the faid Perfon fo difgraded at the rime of his Conviction afore them had been no Clerk ; his Admiflion to his Cler- gy, and committing to the Ordinary, ne any other Thing, Ufe or Cuftom to the contrary hereof notwith- standing; (3) and that every fuch Judgement fhall be executed accordingly; (4) and that every Ordinary u Co. f. 30. fo fending any fuch Convict difgraded into the King's Bench, fhall be difeharged againft the King our So- vereign Lord, his Heirs, and Succeflbrs, of or for anv further Cuftody or keeping of the lame Convict; (5) Ar this Act to continue unto the la ft Day of the next Parliament. "' s " c " 3 * Made perpetual by 3a H. S. c. 3. See farther uncamng Rubbing of Ihufes, &:, 5 & EJ. 6. c. 9. 3 VS. & M. c. 9. 10 £r 11 Tl'. 3. c. 23." 5 Ann, ':. 31. 4 Geo. 1. c. 11, Md 6 Gee, 1. & 23. C A P.
 * if,,., th i I, ' heir Purgations by fuch as nothing know of their