Page:Ruffhead - The Statutes at Large - vol 2.djvu/485

 A. D. 1552. Anno quinto & fcxto Edward 1 VJ. C. io. 447 ' this Re. dm, (hould not lofc the Benefit of their Clergy :' IV. For the true Declaration and Expl fame Doubts or Queftions before recited, be it cn-, ordained and eftabliihcd by the Kin;, oui . i ign Lord, the Lords Spiritual and I ..nd mons, in this prefent Parliament aflcmblcd, .aiid by the Authority of the fame, That if it happen B °'» m or Pcrfons to be found guilty according to the Laws of this Realm, for robbing ol »n ^ w ""' 6 "' l i, n; after the liiit Day ol Way n :xi i nfuing, in any Part or Parcel of their Dwelling-noufea or Dwel- ,/,'.'. ling-places, the Owner or Dweller in the lame Houfc, or his Wife, his Children or Servants, being then I within the fame Houfc or Place when it fhall happen the lame Robbery and Felony to be comm: •. . 4-., < >r in any other Place within the Precinct of the fame Houfc or Dwelling-place ; that fuch Offenders lh.dl in no wife be admitted to their Clergy, whether the Owner or Dweller in the fame Houfc, his Wife or Children then and there being, fhall be waking or flccping. V. And that no Pcrlbn or Perfons which after the laid firft Day of May fhall happen to be found guilty, after the Laws of this Realm, of and for robbing any Perfon or Perfons in any Booth or Tent, in any Fair ,? u '6 ,;,r >' '" * 01 Market, the Owner, his Wife, his Children or Servants, or Servant, then being within the fame Booth ,nTv°iirat'' or 'lent, fhall not from henceforth be admitted to the Benefit of his or their Clergy, but utterly be ex- Mvket. i hided thereof, and fuffer Death in fuch Manner and Form as is before mentioned in the faid Act made in the faid xxiij. Year of the Reign of the fame late King, for Robberies and Felonies committed and done *3 H > 8 - c - »• in Dwclling-houfcs and Dwelling-places, the Owner or Dweller in the fame, his Wife, Children or Ser- Fwfartba tn» vants then being within the fame, and put in Fear and Dread, without having any Refpcct or Coniidcra- m/S»i ,-.r. -rnir.^ tion whether the Owner or Dweller in fuch Booths and Tents, his "Wife, Children or Servants, being in Bu ' the fame Booths or Tents at the Time of fuch Robberies and Felonies committed, fhall be flccping or Q g waking. <■. » 3 . 5 A».' c. 31. izArm. flat. 1. c. -. 4 CV». I. c, n. and t-Cm. I. c. 23. CAP. X. An Act for the Avoiding of Clergy from divers Perfons. WHER E in the Parliament holden at Weftmmjler upon Prorogation the fifteenth Day of "January in Such =s ro!> in the twenty-fifth Year of the Reign of our late Sovereign Lord King Henry the Eighth, it is re- one Shire, ani ' cited, That at the Parliament holden at Wejtminfter in the twenty-third Year of the Reign of the faid late {^{"n^h^e 1 after that Time fhould happen to be found guilty, after the Laws of this Land, of any Manner of Petty 25 h.s. c. 3. 1 other holy Places, or for Robbing of any Perfon or Perfons in their Dwelling-Houfes or Dwelling-Placc,
 * of fucli Felonies, and put in Fear and Dread, the- Offcn lers therein being found guilty after the Lot
 * King, among!! other Things it was ordained, cfhblifhed and enacted, That no Perfon or Perfons, which ^& t Clergy.
 * Treafon, or for any wilful Murther of Malice prepenfed, or for Robbing of any Churches, Chapels or 23 H. i.e. 1.
 * the Owner or Dweller in the fame Houfe, his Wife, his Children or Servants then being within, and put

1 or for wilful burning of any Dwelling-Houfes or Barns wherein any Grains of Corn fhould happen to
 * in Fear and Dread by the fame, or for Robbing of any Perfon or Perfons in or near about the Higdways,
 * be, nor any Perfon or Perfons being found guilty of any Abetment, Procurement, Helping, Maintain- 1

' ing or Concealing of or to any fuch Petty Treafon, Murthers or Felonies, fhould from thenceforth be ' admitted to the Benefit of his or their Clergy, but fhould utterly be excluded thereof, and fuffer Death - ' in fuch Manner and Form as they fhould have done for any the Caufes or Offences abovefaid, if they were 1 no Clerks ; (2) which Act extendeth but only where fuch Offender was convicted in fuch County or 1 Place where any fuch Offence was fo committed and done, and not where he or they did fuch Offence in 1 one County, and were taken with the Mainer in another County: (3) Wherefore it was confidered, ' That forafmuch as divers and many Felons and Robbers that commit and do divers and many great hci- ' nous Robberies and Burglaries in one Shire, and convey the Spoil' and Robbery into any other Shire, and ' there be taken, indicted and arraigned of Felony, of the felonious Stealing of the fame Goods in the ' fame other Shire than where the fame Robberies or Burglaries were done and committed, and not of the ' fame Robbery nor Burglary, for that k was not done or committed in the fame Shire where they be Co ■ 1 indicted and arraigned, and that by Reafon thereof fuch Felons,. Robbers and Burglarors had and enjoyed ' the Privilege and Advantage of their Clergy :' II. For Redrefs whereof, it was enacted in the faid Parliament holden in the faid xxv. Year of the faid, # JW- />, C. ■ Sate King, That if any Perfon or Perfons after that Time, after fuch Robbery or Burglary by him or them 345. t!onc in any one County, fhould be indicted of Felony for ftealing of any Goods or Chattels in any other Burn, r.i.aoft County within this Realm, and thereupon arraigned and found guilty, or ftand mute of Malice, or Chal- lenge peremptorily above the Number of xx. Perfons, or would not upon his or their faid Arraignment di- rectly anfwer to the fame Felony, That then the fame Perfon and Perfons fo arraigned and found guilty, cr (raiding mute of Malice, or Challenging peremptorily above the Number of twenty Perfons, or that would not directly anfwer to the Lav/, fhould lofe and be put from the Benefit of his or their Clergy, in like Manner and Form as they fhould have been if they had been indicted, arraigned and found guilty in the fame County where fuch Robbery or Burglary as is aforefaid, was done or committed, if it fhould appear to the Juftices before whom any fuch Felons or Robbers fhould be arraigned by Evidence given before them, nr by Examination,, that the fame Felons and Burglarors fhould have been put from their Clergy,' in Cafe they had been indicted, arraigned and found guilty, in the fame County where the fame Robberies or Bur- • glaries were committed or done, as in the fame Statute made in the faid xxv. Year, among other Things, , more plainly appeareth. ' III. And where in the Parliament holden at Wepmlnjier the iv. Day of November in the firft Year of the WEcrenrBfa ! Reign of our Sovereign Lord the King that now is, it is ordained and enacted amongft other Things, S|*j ™ a ^ a t the
 * That no Perfon or. Perfons that before that Time had been or at any Time after fljould be in due Form ot ^V^