Page:Ruffhead - The Statutes at Large - vol 2.djvu/433

 395 A. D. 1547. Anno primo Edward 1 VI. C. 12. the Eighth, or the Heirs of any of them, do at any Time hereaftei ufurp the one of th m upon the < Crown of this Realm, or demand, challcng or claim tin Farm i nerwifc, or in am ■ ' >e ol Dcfcent or Succcffion, or in any other Courfe, I irm Degree or <. !•«•■• Manner and Form as is declared by the laid Statute; or if any of the faid Heirs 01 Perl interrupt or let the King's Highnefs that now is, peaceably and quietly to and ( rial Crown ; that then all and fingular the Offend rs, theii and Counfellors therein, fhall be deemed and adjudged High I raitors, and Audi lufl'er and incur the P of" Death, Lodes and Forfeitures, as is aforefaid, in C igh 1 reafon. X. And it is further ordained and enacted by the Authority aforefaid, That no Pcrfbn or Perfon that in i t fore hath been, or at any Time hereafter (hall be, in due Form of the Laws, attainted 01 ' irdcr of Malice prepenfed, or of Poifoning of Malice prepenfed ; (2) or of breaking ol any Houfe by  f *" '. ' Day or by Night, any Perfon being then in the fame Houfe where the fame breaking heretofore hath bi hereafter fhall be committed, an 1 heretofore hath been or hereafter (hall be thereby put in Fear or Dread; r.'j-,. (}} or of or for robbing of any Perfon or Perfons in the Highway, or near to the Highway j or i ? 4, nious dealing of Horfcs, Geldings or Marcs ■, (4) or of felonious taking of any Goods out cf any Parifh * '"' : " '■ c - Church, or other Church or Chapel; (5) or being indicted or appealed of any of the fame Offer i',V and thereupon found guilty by Verdict of twelve Men, or (hall confefs the fame upon his or their Arraign- one Horfeu* menr, or will not anfwer directly, according to the Laws of this Realm, or fhall (land wilfully, or of oufledofClcrn, Malice mute, (6) fhall not be admitted to have or enjoy the Privilege or Benefit of his Ciergy or Sancl 1 ary, but fhall be put from the fame : (7) And that in all other Cafes of Felony, other than fuch as arc be- clergy illoucd fore mentioned, all and fingular Perfon and Perfons, which after the fir ft Day of March next coming fhall ^feJofFd be arraigned or found guilty upon his or their Arraignment, or fhall confefs the fame, or (land mute, in 1 jjc. i. c. *j.' Form aforefaid, or will not anfwer directly in Form abovefaid, (hall have and enjoy the Privilege and Be- Saoauariei «- ncfit of his or their Clergy, the Liberty and Privilege of Sanctuary, in like Manner and Form as he or they tin,a - might or fhould have done before the four and twentieth Day of April in the firft Year of the Reign of ," S okc J. 1 ' the (aid late King Henry the Eighth. %££%£, 5 E? 6 Eii, 6. c. 9. i8£/.r,7. 3 tV, & M, c. 9. 10 fi" 11 IK 3- e. 23. 5 Ami. c, 31. 12 A;,. (.7. 4 Get, 1. e, 1 1. ar.i 6 Get. 1, e. 23. XL Provided always, and be it enacted by the Authority aforefaid, That all Claufes, Ai tides and Sen- Surotes madr. tences mentioned or fpecified in any Act or Acts of Parliament, Statute or Statutes made in the Time of*"! 08 *^-. the Reign of the faid late King Henry the Eighth, touching or in any wife concerning any manner of Chal- H?'!?touehinE kngc for the County, Hundred, or peremptory Challenge, or any of them, or touching or in any wife challeni concerning any manner of Trial of foreign Pleas pleaded by Murderers, Felons or other Offenders, (hall, foreign Pleas, as concerning the faid Challenges and Trials, remain in their Force and Strength not repealed ; any confirmed. Thing in this Act mentioned founding or feeming to the contrary in any wife notwithflanding. 3 H H g 8 ' C 6 ' XII. Provided alfo, and be it ordained and enacted by the Authority aforefaid, That this Act of Par- t, h. / <T 2 . liament or any Thing therein mentioned, as concerning the Repeal of any Eftatute or Eftatutcs made ._. . touching Trcafon or Mifprifion of T reafon, (hall not in any wife give any Manner of Benefit, Advan- (h 3 } not extend tage or Commodity to any Perfon or Perfons, being the laft Day of Oflober laft paft arretted or imprifoned to -:. fe ;hat be for Treafon, Petit T reafon, or Mifprifion of Treafon, or to any Perfon or Perfons heretofore being indicted arr.-Ocd, impri- of Treafon, Petit Trcafon, or Mifprifion of Treafon, or to any other Perfon or Perfons being likewife con- follK !> 'ndieled, victed, outlawed or attainted of Treafon, Petit Treafon, or Mifprifion of Treafon, or being fled beyond [""I'^afuin'ted the Seas or into Scotland, before the faid lad Day of Odober laft paft, for any Treafon, Petit Treafon or Mif- " r ^ for Trea ' prifion of Trcafon ; but that they and every of them (hall fuffer fuch Pains of Death, Lodes and Forfei- ton," tures of Lands and Goods, as in Cafes of Trcafon, as though this Act had never been had or made; any Thing in this Act to the contrary in any wife notwithflanding; and that the Laws and Statutes repealed by this Act (hall (land againft them and every of them in -full Strength, Virtue, Force and Effect concern- ing all and every Offence by them or any of them heretofore committed or done. XIII. Provided alfo, and be it ordained and enacted by the Authority aforefaid, That all wilful Killing by wilful Killing poifoning of any Perfon or Perfons, that at any Time hereafter (hall be done, perpetrated or committed, by poifoning (hall be adjudged, taken and deemed wilful Murder of Malice prepenfed ; (2) and that the Offenders there- fhall be adjudged in, their Aiders, Abetters, Procurers and Counfellors fn.aH fufi'cr Death, and forfeit in every Behalf as in " ,I,ird ' r - other Cafes of wilful Murder of Malice prepenfed. Ph^t' --.' 4 Coke 4.7. See farther emeeniliig Murder, ijfac.i.e.%. 21 Jac, I. c. 17. 25 Gis. 2. c. 37. XIV. And over that, be it enacted by the Authority aforefaid, That in all and every Cafe and Cafes, A Lord of the where any of the King's Majelty's Subjects (hall and may, upon his Prayer, have the Privilege of Clergy P arliaDWnt ft » JI as a Clerk convict, that may make Purgation ; in all thofe Cafes and every of them, and alfo in all and ? a T l h, fi ao?? every Cafe and Cafes of Felony, wherein the Privilege and Benefit of Clergy is retrained, excepted or fence of polony taken away by this Statute or Act, (wilful Murder and Poifoning of Malice prepenfed only excepted) the though he can- Lord and Lords of the Parliament, and Peer and Peers of the Realm, having Place and Voice in Parlia- not '"<*> and ment, fhall by Virtue of this prefent Act, of Common Grace, upon his or their Requeft or Prayer, allcdg- *' ith °« buril - ing that he is a Lord or Peer of this Realm, and claiming the Benefit of this Act, though he cannot read, ln£ ' without any burning in the Hand, Lofs of Inheritance or Corruption of his Blood, be adjudged, deemed, taken and ufed for the firfl: Time only, to all Intents, Conftructions and Purpofes, as a Clerk convict, and (hall be in Cafe of a Clerk convict, which may make Purgation, without any further or other Be- nefit or Privilege of Clergy to any fuch Lord or Peer from thenceforth at any Time after for any Caufe to be allowed, adjudged or admitted ; any Law, Statute, Ufage, Cuftom, or any other 1 hing to the con- trary in any wife notwithflanding. Fees XV. Pro-