Page:Ruffhead - The Statutes at Large - vol 2.djvu/623

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A. D. 1565. Anno ocftavo Rcgincc Elizabeth m, C. 4, 5. 1 p. iv. An A*5t to take away the Benefit of Clergy from certain Offend c 1T7FIKRK a certain Kind of evil-difpofed Perfon , commonly called C 1 W indeed by the Laws of this Land, ' themfelves as it were i : nity ofan Artoi ' of tli f good ai I ti uc Subjei if I i dm ; (2) ..nd as well al ' God, and in Places and Time of doing Service and Common Pi ' Oratories, and not only there, but alfo in the Prince's Palai ' and Courts of Juftice, and ai the rimes of Miniftration ol • and other Affemblies of the People, yea and at the Time ol doing of E: ution ol fui h ' tainted of any Murder, Felony or other criminal Caufe, ordained chi :fly for Terror and I ' doers, do without Refpedl or Regard of any Time, Place or Perfo 1, or of ai ' any Law or Punifhment, under the Cloak of Honefty by their outward Apparel, Count n I ha- ' viour, fubtilly, privily, craftily and felonioufly take the Goods of div I honcft Subjects from 4 their Perfons, by cutting and picking their Purfes and other felonious Sleights and Devices, to the utter

  • Undoing and Impoverifhing or many :

II. He it therefore enacted by the Authority of this prcfent Parliament, That no Perfon 1,: which hereafter fhall happen to be indicted or appealed for felonious I .king of any Money, Good:; or (_ tels from the Perfon of any other, privily without his Knowledge, in itiy t'lacc whatsoever, and rj ei found guilty by Verdict of twelve Men, or fhall eonfefs the fame upon his or their Arraignment, not anlwer dir.ctly to the fame according to the Laws of this Realm, or fhall (land wilfully or of Malice or obflinatcly mute, or challenge peremptorily above the Number of twenty, or fhall be upon fuch Indict:: or Appeal outlawed, fhall fro n henceforth be admitted to have the Benefit of his or their Chrgy, but utterly be excluded thereof, and fhall fuffer Death in fuch Manner and Form as they fhould if they were no Clerks. ' III. And alfo whereas divers Perfons do oft- times commit and do divers and fundry deteftable Murders, Where <h ' heinous Robberies and Felonies and other capital Offences, for the which Clergy is not allowable 1 ;. ' Laws and Statutes of this Realm, and after die fame Offences fo done either fly out of the County or

  • Parts of this Realm into the Parts beyond the Seas, or keep themfelves fecret in ether Places where they hii-c'la

' are not known for a great Time, and after happen to commit fomc other Felony for the which they may I ' have their Clergy, and being arraigned for the fame have their Clergy to them allowed, and thereupon ; ' committed to the Cuftedy of the Ordinary according to the Lav/ and Cuftom of this Realm, the former Ell « c _"' ' Offence wherein Clergy is not grantable being not then known ; (2) and fo by that .Means cannot after be I 5 c '. ' impeached for the (aid other horrible and great Offences by the Law and Cuftom of this Realm, to tl • great Encouraging of Offenders ufing fuch Practices of Foreknowledge and fet Purpofe, for their Difcharge ' of the fame :' IV. For Reformation whereof, Be it further enacted by the Authority aforefaid, That every Perfon or Perfons which fhall hereafter upon his and their Arraignment for any Felony be admitted to the Benefit of his Clergy by the Laws of this Realm, and delivered to the Ordinary for the fame, and fhall make his due Purgation for the fame Offence or Offences whereupon he was fo admitted to his Clergy, and fhall before the lame Admiflion to his Clergy have committed any other fuch Offence whereupon Clergy by the Laws or Statutes of this Realm is not allowable, and not being thereof before indicted and acquitted, convicted or attainted, or pardoned, fhall and may be indicted or appealed for the fame, and thereupon put to Anfwer, and ordered and tiled in all Things according to the Laws and Statutes of this Realm, in fuch like Man- ner and Form as though no fuch Admiflion of Clergy had been ; any Law, Cuftom or Ufage to the con-- trary notwithftanding. CAP. V. For the Avoiding of tedious Suits in Civil and Marine Caufes. ' TT^OR the Avoiding as well of long and tedious Suits, as alfo of great Charges and Expences in profecu- A c j J/ ting of Civil and Marine Caufes, by reafon of divers Appeals permitted to be made by Order of tht ' Laws Civil in fuch Caufes, and to the Intent that as well Strangers, as alfo others the Subjects of this ^."^ SJ^ ' Realm, that fhall have Caufe of Suit in thofe Matters, may have fuch Expedition in the fame as their 4 Natures and Qualities do require,' Be it enacted by the Queen's Majefty our Sovereign Lady, the Lo: J Spiritual and Temporal, and the Commons, in this prefent Parliament aficmbled, and by the Authority of 'i»U b - £"*•• the fame, That from the laft Day of this prefent Seffion of Parliament, all and every fuch Judgment and ' RoU 3 00, Sentence definitive, as fhall be given or pronounced in anv Civil and Marine Caul'?, upon Appeal lawfully to be made therein to the Queen's Majefty in her Highnefs Court of Chancery-, by fuch CommLflioners or Delegates as fhall be nominated and appointed by her Majefty, her Heirs or Succeflbrs, by Commifiion un- der the Half Seal, as it hath been heretofore ufed in fuch Cafes, fhall be final, and no further Appeal to bs had or made from the faid Judgment or Sentence definitive, or from the faid Commiflioners or Delegates 'or or in the fame ; any Law, Ulage or Cuftom to the contrary notwithftanding. Coke Inft. 4 Part, 135. C A P.