Page:Ruffhead - The Statutes at Large - vol 3.djvu/521

 A. D- 1691. , Anno tertio Gulielmi Sc Mari^. C. 9. 473 CAP. IX. An A<^ to take away Clergy from feme Offenders, and to bring otheis to Punifhment. ' TT^ OR AS MUCH as divers wicked and ill-difpofed Pcifons arc encouraged to commit Robberies upon 25 a. i.e. 3. ' Jt" Mens Perfons, and in their Houfes, and other Oflendcrs, by the Privilege, as the Lav/ now is, of demanding the Bemiit of their Clergy :' Be it therefore enadcd by the King's and Queen's mod Excellent Any P<r'"on roii- Mens Perfons, and in their Houfes, and other Oflendcrs, by the Privilege, as the Lav/ now is, of mding the Benriit of their Clergy :' Be it therefore enadcd by the King's and Queen's mod Excellent in this prefent Parliament affembled, and by the Authority of the fame, That all and every Pcrfon orj"^*'-""" Perfons that fhall at any Time from and after the firft Day of March in the Year of our Lord one thoufand ('5?^',; in this prefent Parliament affembled, and by the Authority of the fame. That all and every Pcrfon or j" ^*'-"*"S'. Perfons that fhall at any Time from and after the firft Day of March in the Year of our Lord one thoufand ^^ll -I'r^Z'oz I fix hundred ninety-one, rob any other Pcrfon, or fhall felonioufly take away any Goods or Chattels, being no Pcrfon, &c. Dwclling-houfe in the Day-time, any Perfon being therein, or fhall comfort, aid, abet, afllft, counfcl, '■••'^«- '■'•"0'= hire, or command any Perfon or Ferfoiis to commit any of the laid Oflencos, or to break any Dwelling- ^;.' 'f^ ^i, jr/. 'houfe, Shop, or Warehoufe, thereunto belonging, or therev^'ith ufed, in the Day-tinie, and felonioullyj.^. 25. 5 /?«.' 'take away any Money, Goods, or Chattel, ot the Value of five Shillings or upwards, therein being, al-c. ii. ir. .?m. ! though no Perfon fliall be within fuch Dv/elling-houfe, Shop, or VVarchoufe, or fliall counfel, hire, or/"- i- <:■!• command any Perfon to commit any Burglary, being thereof convided or attainted, or being iiididtcd I above the Number of twenty Perfons returned to be of the Jury, fliall not have the Benefit of his or their j Clergy. ! n. And be it further enafted by the Authority aforefJd, That if ajiy Perfon or Perfons whatforver bep_.,ronsinHi'as.i ! indifted of any Offence, for which, by virtue of any former Statute, he or they are excluded from having for a Crm?, ot ', the Benefit of his or their Clergy, if he or they had been thereof convidcd by V erdid or Confeffion ; if he which bpjng I or they fiand mute, or will not anfwer diredtly to the Felony, or fhall challenge peremptorily above fhe ™"^7j ,-'Ji!'^j^^^,p Number of twenty Perfons returned to be of the Jury, or fliall be outlawed thereupon, fhall not be ad- jheir cJergy,%f Emitted to the Benefit of his or their Clergy. tiicy fiand inutc, j III. And be it further enafted by the Authority aforefaid. That if any Perfon or Perfons hereafter be in- ■•'-•=• "T^^n "°t di£led of Felony for ftealing of ariy Goods or Chattel in any County within this Realm of England, Domi- ["'J: "•. 1 Arraignment fhall fiand mute, or will not diredly anfwer to the Indldlment, cr fliall challenge perempto- ^^pye ;„ ^ ! rily above the Number of twenty Perfons returned to be of the Jury, he cr they fliall be totally excluded wrong County, i from having the Benefit of his or their Clergy, if it appear upon Evidence or Examination before the^f they ftand
 * Majefties, and by and with the Advice and Confent of the Lords bpirituil and Temporal, and Commons, via oi'robiing
 * in any Dwejling-houfe,' the Owner or any other Ferfon being therein, and put iii Fear, or fliall rob any or Oandir.g
 * thereof fliall ftand mute, or will not diredtly anfwer to the Indidment, or fliall peremjDtorily challenge
 * nion of JVales, or Town of Bervjick upon Tiuud, and thereof be couvided or attainted, or upon his or their ^"j°crji"e 33
 * Juftice?, that the faid Goods or Chattel were taken by Robbery or Burglary, or in any other Manner, in '■'^"'^' ^'^: ^^^^

i any other County, whereof if fuch Perfon or Perfons had been convicted by a Jury of the faid other ^"^^/"J"^ ]>.' C, I County, he or they are excluded, by virtue of this or any other A£t, from having the Benefit of his or ti.'jj." ' tlieir Clergy. _■, _ ' IV. And forafmuch as Thieves and P^obbers are much encoura:,ed to commit fuch Offences, becaufe Buyers of ftolen ' a gieat Number of Perfons make it their Trade and Bufinefs to deal in the buyin:; of ftolen Goods ;' Be Goods reputed it therefore enabled by the Authority aforefaid. That if any Perfon or Perfons fliall buy or receive ;ijjy ■^"'^""'■'^^ "* , Goods or Chattel that fliall be felonioufly taken or ftolen from any other Perfon, knoving the fame to be '^'''"J' 'ftolen, he or they fhall be taken and deemed an Accefliiry or AcceiTaries to fuch Felony after the F'aft, and S^/^rtier «»- fiiall incur the fame Punifhment, as an Accsflary or AcceSaries to the Felony after the Felony committed. '^"■'"'i£:-^^'«/7<'"« Jlolen G-ods, 1 yinii. fiat. i. c 9. 5 Ann. c. 31. 4 Ca. i. <r. 11. ' V. And whereas it is a frequent Pra£lice for idle and diforderly Perfons to hire Lodgings with an In- tent to have an Opportunity to take away, imbezil, or purloin the Goods and Furniture being in fuch , ' Lodgings ;' Be it therefore enadcd and declared by the Authoriiy aforefaid. That if any Perfon or Per- Stealing Coeds ' fons fhall take away, v/ith an Intent to fteal, imbezil, or purloin any Chattel, Bedding, or Furniture, *™"' UJginss which by Contrad or Agreement he or they are to ufe, or fliall be let to him or them to ufc, in or with '^'=''"'1'^ fuch Lodging, i'uch taking, imbezilling, or purloining, fhall be to all Intents and Purpofes taken, reputed, and ad)udged to be Larceny and Felony, and the Offender fnall fuffer as in Cafe of Felony. ' VI. And whereas by the Law of this Realm, Women convided of Felony for fcealing of Goods and vVoTi^n cmvia ' Chattel of the Value of ten Shillings and upwards, and for other Felonies, v/here a A'laia is to have the "* Crimes for ' Benefit of his Clergy, are to fuifer Death ;'^Be it therefore enaded and declaredby th.- Authority aforefaid, jtifcic^'"-"^ That where a Man being convided of any Felony for which he may demand the Benefit of his Clergy, if a ,,poVi pj^'cr* nefit of his Clergy allowed him in the like Cafe ; that is to fay, fhall be burnt in the Hand by the Gaoler ^,j^.„' ^^^ '^^,^^ in open Court, and further be kept in Prifon for fuch Time as the Juflices in their Difcretion fhall think fit, fo as th; fame do not exceed one Year's Imprifonment. ' VII. And forafmuch as fuch Men who have once had their Clergy, and fjch Women who fljall have Where a Pcrfon ' once the Benefit of this Statute, may happen to be indided for an Offence committed afterwards in fome J',-^ ^^".'^f ther County ;' Be it therefore enaded. That the Clerk of the Crown, Clerk of the Peace, Clerk of ^1)6^^1'^'^^^^^,^^™' Aifizes, where fuch Man or Woman fhall be convided, fhall at the Requefl of the Profecutor, or any other clerk of tlie' ill their Majefties Behalf, certify a Tranfcript, briefly and in few VVords containing the Effed and Tenor Crown, &c. ef every Indidment and Convidtion of fuch Man or Woman, of his having the Benefit of the Clergy, . cr I'^-l '^'"fy 'f° Vol. III. ■ 3P te^ ' o'
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