Page:Ruffhead - The Statutes at Large - vol 2.djvu/486

 448 C. ii. Anno quinto & fexto Edwardi VI. A. D. 1552. the Force of the ' the Laws attainted or convict of Murther of Malice"*prepenfed, or of Poifoning of Malice prepenfed, (2) Sta«, of 15 H.S. c or f breaking of any Houfe by Day or by Night, any Perfon being then in the fame Houfe where the G ' 3> <■ f am e Breaking had been or after that Time fhould be committed, being put in Fear or Dread ; (3 ) or of or ' for Robbing of any Perfon or Perfons in the Highway, or near to the Highway, or for felonious Stealing ' of Horfes, Geldings or Mares ; (4) or of felonious Taking of any Goods out of any Parifh Church, or ' not anfwer directly according to the Laws of this Realm, or fhould ftand wilfully or of Malice mute, (6) • ' fhould not be admitted to have or enjoy the Privilege or Benefit of his or their Clergy or Sanctuary, but ' fhould be put from the fame. ' IV. And that in all other Cafes of Felony, other than fuch as be before mentioned, all and fingular ' Perfon and Perfons which after the firft Day of March then next following fhould be arraigned, or found ' would not anfwer directly in Form abovefaid, fhould haveand enjoy the Privilege and Benefit of his or ' their Clergy, and the Liberty and Privilege of Sanctuary, in like Manner and Form as he or they might ' or fhould have done before the xxiv. Day of April in the firft Year of the Reign of the faid late King Henry 1 the Eighth, as in the faid Act made in the faid firft Year, among other Things, more plainly appeareth : c (z) By Reafon of which Article and Claufe contained in the faid Act made in the faid fyrft Year, the ' faid Statute made in the faid xxv. Year of the faid late King, which did put fuch Felons and Burglarors ' from their Clergy, that do fuch Offence in one County, and after are taken with the Goods ftolen in an- 4 other County, and there indicted, arraigned and found guilty, was made void : by Reafon whereof di- ' vers and many Perfons, that fithen the faid firft Year have committed fuch Robberies and Burglaries in ' and found guilty, have had and enjoyed their Clergy, which they could not have had in Cafe the faid Act The Stat, of 25 ' made in the faid xxv. Year had flood in Force, to the great Bolding and Comfort of fuch Offenders:' H. 8. c 3. (hall ^ j p or ReJrefs whereof from henceforth to be had, be it enacted by the Authority of this prefent Parlia- ftand in Force, mentj That the faid Act made in the faid xxv. Year touching the putting of fuch Offenders from their aClaufe com-" 6 Clergy, and every Article, Claufe or Sentence contained in_ the fame touching Clergy, fhall from hence- prifcd in the forth touching fuch Offences from henceforth to be committed and done, ftand, remain and be in full Stat, of 1 Ed. 6. Strength and V irtue, in fuch Manner and Form as it did before the making of the faid Act made in the faid c - "■• firft Year of the Reign of our faid Sovereign Lord the King that now is ; any Claufe, Article or Sentence fo'ihfZfoh""' comprifed in the faid "Act made in the laid firft Year, to the contrary thereof notwithftanding. Chapter. •■ CAP. XL An Aft for the Punifhment of divers Kinds of Treafons. t Mar. Stat, 1. ' I. TT Orafmuch as it is mod neceffary both for common Policy and Duty of Subjects, above all Things to ■.. 1 JP prohibit, reftrain and extinct all Manner of fhameful Slanders which might grow, happen or arife ' to their Sovereign Lord the King's Majefty, which when they be heard, feen or underftand, cannot be ' but odible, and *alfo abhorred of all thofe Sorts that be true and loving Subjects, if in any Point they may, ' do, or fhall touch his Majefty, upon whom dependeth the whole Unity and univerfal Weal of this Realm, ' without providing wherefore too great a Scope of unreafonable Liberty fhould be given to all cankered and ' traiterous Hearts, and the King's loving Subjects fhould not declare unto their Sovereign Lord now being, ' Truth :' 1 Hale's P. C. II. Beit therefore enacted by the AfTent and Confent of our Sovereign Lord the King, and the Lords 394. Spiritual and Temporal, and the Commons, of this prefent Parliament affembled, and by the Authority of the fame, That if any Perfon or Perfons after the firft Day of *June next coming, by open Preaching, ex- prefs Words or Sayings, do exprefly, directly and advifedly fet forth and affirm, that the King that now is, is an Heretick, Schiimatick, Tyrant, Infidel or Ufurper of the Crown, or that any his Heirs or Succeffors to whom the Crown of this Realm is limited by Authority of Parliament, holden in the five and thirtieth Year of the Reign of the late King Henry the Eighth, being in lawful Poffeflion of the Crown, is an He- retick, Schifmatick, Tyrant, Infidel or Ufurper of the Crown, that then every fuch Offender being thereof duly convicted or attainted by the Laws of this Realm, their Abettors, Procurers and Counfellors, and all and every their Aiders and Comforters, knowing the faid Offences or any of them to be done, for his or their fuch firft Offence, fhall lofe and forfeit to the King all his and their Goods and Chattels, and alfo fhall have and fuffer Imprifonment of his and their Bodies at the King's Will and Pleafure. And if any Perfon being once convicted or attainted of any of the faid Offences, fhall after his faid Conviction or At- tainder eftfoones commit or perpetrate any of the Offences before mentioned, in Form aforefaid committed, and fhall be thereof duly convicted or attainted by the Laws of this Realm, that then every fuch Offender and Offenders, their Abettors, Procurers and Counfellors, and all and every their Aiders and Comforters, knowing the faid Offences or any of them to be done, for his or their fecond Offence or Offences, fhall lofe and forfeit to the King the whole Iflues and Profits of all his and their Lands, Tenements and other Hereditaments, Benefices, Prebends and other Spiritual Promotions for Term of the Life of fuch Offender or Offenders, and fhall alfo lofe and forfeit unto the King all his and their Goods and Chattels, and alfo fuffer during his and their Lives perpetual Imprifonment of his and their Bodies. III. Provided always, that fuch of the faid Spiritual Promotions as fhall be charged with Cure, be always by the King's Majefty, and his Heirs and SuccefTois, fufficiently furnifhed of a Curate for the Difehargc, of the fame. And if any Perfon being two Times hereafter convi&ed or attainted of any of the fame Otren- 3 ces
 * other Church or Chapel ; (5) or being indicated or appealed of any of the fame_ Offences, and thereupon
 * found guilty by Verdict of xij. Men, or fhould confefs the fame upon his or their Arraignment, or would
 * guilty upon his or their Arraignment, or fhould confefs the fame, or ftand mute in Form aforefaid, or
 * one County, and after have been taken with the Mainer in another County, and there indicted, arraigned
 * which unto them hath been and is moft entirely both beloved and efteemed, their undoubted Sincerity and