Page:Ruffhead - The Statutes at Large - vol 2.djvu/315

 A. D. i 54<3li Anno triccfimo fccundo TI enrici VIII. C. 4, 5. 277 ' IIT. AnJ v. here alfo in the f.tmc Parliament it was further enacted, That every fuel) Pcrfon and Peribltfi • which fhould happen to be indicted of any Petty Treafon, wilful liurning of Houfes, Murther, Robbery, Ai ' r 'J'*'" K iy, or other Felony, according to theTenor and Meaning of the (aid Eftatute next above rc-, and thereupon arraigned, did Itand mute of Malice or froward Mind, or challenge peremptory ncI , n (r'rr.nt above the Number of twenty Pcrfons, <<r will not aiifwer directly to the fame Indictment and Pelony foeety. pon the v ft dl be arraigned, that then every fuch Pcrfon and Pcrfon:. fhould lofe the Benefit and Privilege of their Clergy. ' IV. And ir was : Ifo ordained by the fame Adt, That if any Pcrfon or Perfons be indicted and found guilty for dealing of any Goods or Chattels in any County of this Realm, or, being indicted, (land mute of Malice, or challenge peremptory above the Number of twenty Pcrfons, oi will not anfwer diredtly 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 ind idled, arraigned and found guilty in the fame County where the fame Robbery or Burglary was done, if it fhall appear to the Jufiiees by Evidence or Examination, that the faid Felons of Robbers arraigned afore them fhould or ought to have loir their Clergy by Force of the faid Lftatute, in cafe they had been found guilty of the lame Felonies or Burglaries in the fame Shire where they were emulated, as by the laid Aft, amongft other Things, more at large is expreffed, V. And where alio in the faid Parliament it was further ordained, That the dcteftablc Vice of Buggery, 25 H. R. e. 6.' committed with .Mankind or Beall, fhould be Felony, and that the Offenders therein fhould lofe the Be- Hugger ft aji be- nefit of their Clergy ; (2) which Adt was made to endure to the laft Day of the next Parliament, as i,:loa l- bv the fame Adt, amonglt other Things, it appeareth more at large. VI. And where alio in the Parliament begun and holdcn at Wejtminfler the eighth Day of "June in the *8 H. %. c. r. twenty-eighth Year of the Reign of our faid nioft dread Sovereign Lord King Henry the Eighth, and Suih » be »«h- thcre continued and kept until the DifJblution thereof, it was ordained and enadted, That all and fin- !" ° f ' j C " .^ gular the faid feveral Adts above remcmbied, and every of them, fhould continue and endure in their te _ Force and Strength, and alfo be obferved and kept until the laft Day of the next Parliament ; (2) and 52 i/. 3. c. »:• it was alio ordained by the Authority of the fame Parliament, that fuch as be within Holy Orders fhould from thenceforth ftand and be under the fame Pains and Dangers for the Offences contained in any of the faid Statutes, and be ufed and ordered to all Intents and Puipofes, as other Perfons not being within Holy Orders, any Provifion or Exception fpecified in any of the ("aid Acts, or any other Ufage or Cuftom of this Realm to the contrary thereof notwithstanding, as by the fame Adts, among other Things therein contained, more plainly appeareth. (3) And forattnuch as all and fingular the faid feveral Adts above mentioned be good and be beneficial for the common Wealth of this Realm :' VII. Be it therefore enacted and oidained by the Authority of this prefent Parliament, That all and fin- gular the faid feveral Adts, and every of them, and all Claufes, Articles and Provifions in them and every of them contained, fhall continue and endure in their Force and Strength, and be obferved and kept for ever. VIII. And be it alfo cnadtcd by Authority of this prefent Parliament, That fuch Perfons as be or fhall The aforeiaid be within Holy Orders, which by the Laws of this Realm ought or may have their Clergy for any Felonies, Statutes made and fhall be admitted to the fame, fhall be brent in the Hand in like Manner and Form as Lav Clerks be ^"rf'r accuftomed in fuch Cafes, (2) and fhall fuffer and incur afterward all fuch Pains, Dangers and Forfeitures, feen)a t0 ™ e e rf _ as be ordered and ufed for their Offences of Felony, to all Intents, Purpofes and Conftrudtions, as Lay Per- pealed by 1 M. fons admitted to their Clergy be or ought to be ordered and ufed by the Laws and Statutes of this Realm ; flat, 1. c. i„ $5^ any Statutes, Laws, Provifions, Privileges, Cuftorr.s or any other Thing to the contrary thereof heretofore- ufed notwithftanding. C A P. IV. Treafons fhall be tried that be committed in Wales, or where the King's Writ runneth not, in fuch Shires, OBS. by 1 & 2 and before fuch Commiffioners as the King fhall from Time to Time ailign by his Commiffion. Fh. & M, c. i<*. : CAP. V. For the Continuation of Debts upon Execution. WHEREAS before this Time clivers and fundry Pcrfons have fued Executions, as well upon Judg- ARemc.lv for ments for them given of their Debts and Damages, as upon fuch Statutes Alerchant, Statutes of the Cognize cr the Staple or Recognizances, as have been to them before made, recognized and knowledged, and there- ? l>1 ' t fcc " ; upon fuch Lands, Tenements and other Hereditaments £S were liable to the fame Execution, have been- to a £ im ^s.xt- by reasonable Extent to them delivered in Execution for the Satisfaction of their faid Debts and Damages, otjon be reco- according to the Laws of this Realm ; (2) neverthelefs it hath been oftimes feen, that fuch Lands, Tene- rerrd from him. ments and Hereditaments, fo delivered and had in Execution, have been recovered or lawfully diverted, <j EJ - •• <■ 1?; taken away, or evicted from the PoiTeffion of the faid Recoverers, Obligees or Recognizees, their Execu- ® +s- tors or Afligns, before fuch Time as they have been fully fatisfied and paid off their faid Debts and Da- mages, without any manner Fraud, Deceit, Covin, Collufion or other Default in the faid Recoverers, Obligees or Recognizees, their Executors cr Afligns ; (3) by reafon whereof the faid Recoverers, Obli- gees and Recognizees have been thereby fet clearly without Remedy by any manner Suit of the Law, to recover or come by any fuch Part or Parcel of their faid Debts and Damages as was behind, and not by them levied or received before fuch Time as the faid Lands, Tenements and other Hereditaments, fo by them had in Execution, were recovered, lawfully divefted, taken or evicted out of and from their Pof- feffio'ns, as is aforefaid, to their great Hurt and Lofs, and much feeming to be againft equal Tuftice and good Confcienee j' (4) for Reformation whereof, be. it enacted by Authority of this prefent Parliament, That