Page:Ruffhead - The Statutes at Large - vol 2.djvu/289

 ^. O. 1 53^. Anno viccfimo o&avo Hen rici VIIT. C. i. 251 C a p. r. An Act that Abjurcrs in Cafes of Petty Trcafon fin!! not have Clergy^ WHERE in the lull Parliament begun and holden at London the third Day of November in the one a r-i- ai'.d twentieth 1 mote gracious Reign, and from t hence! adjourned {•> f/'-//»:in/h- : and there holden and continued by divers and fundry l'n» ition, it th i Thing , " Thai fueh Perfon and Perfons wtiich did flee or red tto Rarun Church, Cerhifory or other like hal- "7 lowed Place, S >r Tuition of his Life, by ( >cfcafron of any Murther, Robbery or other Felony by the fame "' u '. Perfon committed, and thereupon confefled any Murther, Felony or other Otfenee before a Coroner, for Set u j K . I. the which the lame Pcrfoh, by the Law of this Realm afore that Time ufed, fhould abjure and p of this Realm, (hall be directed by the Coroner to take his Abjuration to any one Sanctuary being withes this Realm, which the fame Perfon would elect and choofe, there to remain as a Sanctuary -man abjured ****** faring his natural Life ; (2) and if after fuch Abjuration any Perfon fo abjured came out of the fame aary to the which he was affigncd, and be taken without the fame Sanctuary, not having the King's fpecial Pardon or Licence fo to do; that then every fuch Perfon abjured, and after Abjuration taken with- out Sanctuary whereunto he was afiigned, fhould fuffer like Pain of Death, and after fuch like Manner fhould be ordered, as he fhould have done and biden in cafe he had abjured this Realm for Murther or Felony, and after fuch Abjuration had returned again into this Realm, contrary to the Laws of this Land ; (3) and it was further ordained by the fame Act, That if any fuch SanCtuary-pcrfon fo abjured, or any other Perfon or Perfons which then were, or at any Time after fhould happen to be, in any Sanctuary within this Realm for doing of any Petty Treafon, Murther or Felony, or for being AccefTary to any fuch Offences ; or if any Perfon or Perfons which, at any Time after the making of the fame Ac!, fhould take any Sanctuary of this Realm, for any Petty Treafon, Murther or Felony, or for being Ac- cefTary to any fuch Offences, or upon Abjuration ; and fo being in Sanctuary for any fuch Caufe, Matter or Offence, afterward commit any Petty Treafon, Murther or Felony within the fame Sanctuary, or be acceffary to any fuch Offences, or go out of the fame Sanctuary and commit any Petty Treafon, Mur- ther or Felony, or be acceffary to any fuch Offences, and afterward come again to the fame Sanctuary, or take any other Sanctuary for the fame ; that every fuch Perfon and Perfons, being indicted for any of the ' faid Caufcs or Offences, fhould lofe the Privilege of the Sanctuary by him taken, and of every other Sanctuary within this Realm, for any fuch Caufe of Petty Treafon, Murther, Felony or Abjuration, or for any Acceffary to any fuch Offences. ' II. And it was further ordained by the fame Act, That all foreign Pleas 2 triable by the Country, Tm! of foreign which fhould be pleaded by any Perfon or Perfons arraigned upon any Indictment for any Petty Treafon, Pleat. Murther or Felony, fhould be tried before the fame Juftices afore whom fuch Perfons fhould be arraigned, and by the fame Jurors of the County that fhall try the Petty Treafon, Murther or Felony, without any further Refpite or Delay; (2) and that no Perfon arraigned for any Petty Treafon, .Murther or N T o peremptory Felony, fhould be admitted to any peremptory Challenge above the Number of twenty ; (3) which Act Challenge »k«»e was made to endure to the End of the next Parliament, as by the faid Act, amongft divers Claules and ^N"" 1 !**** Proviftons contained in the fame, more plainly is expreffed. ' III. And where alfo in the fame Parliament it was enacted, That no Perfon or Perfons, which fhould 25 H. 3. c. ■>. happen to be found guilty, after the Laws of this Realm, for any manner of Petty Treafons, or for any Clcrgy.taken wilful Murther of Malice prepenfed, or for robbing of any Churches, Chapels or other Holy Places, or { ?°™ d p" 5 J' cr * for robbing of any Perfon or Perfons in their Dwelling-houfes or Dwelling-places, the Owner or Dweller cJmmi't "■ ■• i-I; in the faid Houfe, his Wife, his Children, or Servants then being within, and put in Fear and Dread by offences. the fame; or for robbing of any Perfon or Perfons in or near about the High-ways, or for wilful burn- ing of any Dwelling-houfes, or Barns wherein any Corn or Grain fhall happen to be ; nor that any Per- fon or Perfons being found guilty of any Abetment, Procurement, helping, maintaining; or counfelling of or to any fuch Petty Treafons, Murthers or Felonies, fhould be admitted to the Benefit of their Clergy, (fuch as be within Holy Orders, that is to fay, of the Orders of Subdeacon, or above, allonly except) with many other Claufes and Provifions contained in the faid Act, as by the fame Act more plainly appeareth ; (2) which Act was alfo made to continue and endure to the laft Day of the next Parliament. ' IV. And where alfo in the fame Parliament it was further enacted, That every fuch Perfon and Per- fons, which fhould happen to be indidted of any Petty Treafon, wilful Burning of Houfcs, Afurther, Robbery or Burglary or other Felony, according to the Tenor and Meaning of the faid Eftatute next above rehearfed, and thereupon arraigned, did itand mute of Malice or froward Mind, or challenge pe- remptory above the Number of twenty, or elfe will not anfwer directly to the fame Indictment and Fe- ll ny whereupon they fhall be arraigned, that then every fuch Perfon and Perfons fhould lofe the Benefit and Privilege of their Clergy. ' V. And it was alfo ordained by the fame Act, That if any Perfon or Perfons be indicted, and found 25 H. 8. c. j. guilty for dealing of any Goods or Chattels in any County of this Realm, or being indicted ltand mute of Malice, or challenge peremptory above the Number of twenty Perfons, or will not anfwer directly to the Law, fhould alfo lofe the Benefit of their Clergy, in like Manner and Form as they fhould have done if they had been indicted, arraigned and found guilty in the fame County where the fame Robbery or Bur- glary was done, if it fhall appear to the Juftices, by Evidence or Examination, that the faid Felons or » Foreign Pitas are Pleas in ObjcBim to a Judge, as being infmf etint to try the Matter in Qatflion, becauje it arifes out cf bis JurifJiaion. , R K k 2 c Robbers,