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The punishment of Maintenance

who shall make such bargain, sale, promise, covenant, or grant, to forfeit the whole value of the Lands, &c. so bargained, &c., and the buyer and taker thereof, knowing the same, to forfeit also the value of such Lands, &c. so by him bought or taken, one half to the King and the other half to the party suing in the Courts of Record, by action of debt, &c. in which no Essoign, &c. shall be allowed. s. 2.

No person shall unlawfully maintain, or cause or procure any and Embracery. unlawful maintenance, in any action, demand, suit, or complaint, in any of the Court of Chancery, Star Chamber, Whitehall, or elsewhere, where any person have authority by commission, patent, or writ, to hold plea of Lands, or to examine, hear, or determine any title of Lands, or any matter or witnesses concerning the title, right, or interest of any Lands, Tenements, or Hereditaments; and that no person shall unlawfully retain for maintenance of any suit or plea any person, or embrace any freeholders or persons, or suborn any witness by letters, rewards, promises, or any other sinister means, to maintain any matter or cause to the disturbance or hindrance of Justice, or to the procurement of any perjury in any Courts aforesaid, upon pain to forfeit £40, one moiety to the King and the other to the party suing by action, &c. in the King's Courts, in which no Essoign, &c. shall be allowed. s. 3.

- Not to extend to buying, &c. pretended titles to Manors, &c. whereof the party buying is in lawful possession. s. 4.

Proclamation shall be made at the Assises of all Statutes against Maintenance, Embracery, and Champerty. s. 5.

Clergy (BENEFIT of).

§ 1. By Statute 4 H. 7. c. 13. no person shall be allowed the Benefit of their Clergy more than once.

§ 2. By Statute 25 H. 8. c. 3. s. 3. Offenders convicted in the County where they are found with Goods which were taken

by Burglary or Robbery in another County, ousted of Clergy, upon proof of those circumstances. And see § 5. § 3. By 18 Eliz. c. 7. s. 2. Offenders allowed their Clergy shall not be delivered to the Ordinary, but be delivered out of Prison, or they may be imprisoned not exceeding one year. § 4. By Statute 3 W. & M. c. 9. s. 2. Offenders who by any former Statute lose their Clergy on conviction or confession, ousted of Clergy on standing Mute, challenging peremp‐ torily above twenty, or being Outlawed.

§ 5. Persons convicted of having in one County Goods, &c. stolen by Robbery or Burglary in another, ousted of Clergy on proof thereof, by 3 W. & M. c. 9. s. 3.

§ 6. By the same Statute (s. 7.), a Woman convicted of Felonies within Clergy, shall receive the same Judgment as a Man would for a like Offence.

§ 1. Hob. 288. 294 Rast. pl. f. 56. Co. Litt. 50. Bro. Coron. 211. No person shall be admitted

more than once

Item, whereas upon trust of the Privilege of the Church, divers persons lettered have been the more bold to commit Murder, Rape, Robbery, Theft, and all other mischievous deeds, because they have been continually admitted to the Benefit of the Clergy, as often as they did offend in any of the premises; in avoiding such presumptuous boldness, it is enacted, that every to the Benefit of person, not being within Orders, which once hath been admitted their Clergy. to the Benefit of his Clergy, eftsoons arraigned of any such offence, be not admitted to have the Benefit or Priviledge of his Clergy; and that every person so convicted for Murder to be marked with an M. upon the Braun of the left Thumb, and if he be for any other Felony, the same person to be marked with a T. in the same place of the thumb; and those marks to be made by the Gaoler openly in the Court before the Judge, before that such person be delivered to the Ordinary: provided alway, if any person at the second time of asking his Clergy, because he is within Orders, hath not then and there ready his letters of his Orders, or a certificate of his Ordinary witnessing the same, that then the Justices before whom he is so arraigned shall give him a day, by their discretion, to bring in his said letters or certificate, and if he fail and bring not in at such a day his said letters nor certificate, then the same person to lose the benefit of his Clergy, as he shall do that is without Orders. 4 H. 7. c. 13.

If any person or persons be indicted of Felony for stealing of any Goods or Chattels in any County within this Realm of England, and thereupon arraigned and be found guilty, or stand Mute of malice, or challenge peremptorily above twenty persons, or will not upon his arraignment directly answer to the same Felony, that then the same person so arraigned and found guilty, or stand mute of malice, or challenge peremptorily above twenty persons, or will not directly answer to the Law, shall lose and be put from the Benefit of their Clergy, in like manner as they should have been if they had been indicted and arraigned and found guilty in the same County where the same Robbery

§ 2. Offenders con

victed in the County where goods were

found, which were taken by Burglary or Robbery in another, ousted of Clergy, upon

evidence of such

fact being given.

The third section of the statute 25 H. 8. c. 3. revived

and confirmed.

Persons allowed their Clergy

or Burglary was committed, if it shall appear to the Justices before whom any such felons or robbers be arraigned, by evidence given before them, or by examination, that the same Felonies whereupon they be so arraigned had been such robberies or burglaries in the same Shire where such Robberies or Burglaries were committed, by reason whereof they should have lost the Benefit of their Clergy by force of the Statute (23 H. 8. c. 1.) in case they had been found guilty thereof in the same Shire where such robberies or burglaries were so committed. 25 H. 8. c. 3. s. 3. (1.)

The Statute 1 Ed. 6. c. 12. s. 10. (which see under titles LARCENY and ROBBERY, I. § 3. BURGLARY, § 1.) having enacted that in all other cases of Felony other than such as were therein before mentioned, all and singular person and persons which after 1 March then next following, should be arraigned or found guilty upon his or their arraignment, or should confess the same, or stand mute, or would not answer directly, should have and 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 should have done before the 24 April, 1 Hen. 8.; the clause operated as a virtual repeal of the above section of the Statute 25 H. 8. This is recited in the Statute 5, 6 Ed. 6. c. 10. s. 4. and that "by reason thereof divers and many persons that sithen the said first year have committed such robberies and burglaries [under the circumstances mentioned in the above Statute 25 H. 8. c. 3. s. 3.] have had and enjoyed their Clergy, which they could not have had in case the said Act made in the said 25th Year had stood in force," and then "for redress whereof from henceforth to be had," it is enacted, that the said Act made in the said 25th Year, touching the putting of such Offenders from their Clergy, and every article, clause, or sentence contained in the same touching Clergy, shall from henceforth touching such offences from henceforth to be committed and done, stand, remain, and be in full strength and virtue in such manner and form as it did before the making of the said Act [1 Ed. 6. c. 12.]; any clause, article, or sentence comprised in the said Act [1 Ed. 6.] to the contrary thereof notwithstanding.

Persons who upon their arraignment shall be admitted to their shall be tried for Clergy, and delivered to the Ordinary, and make purgation: therefore, who before such admission to such Clergy have com

other felonies.

(1) For the preamble to this statute, see title LARCENY and ROB BERY. XXII.

mitted any offence not clergyable, and not having been tried therefore, shall be tried thereon as if no such admission of Clergy had been. 8 Eliz. c. 4. s. 4.

lowed Clergy

ment and exe

Felonies.

Every person hereafter admitted to have the Benefit of Clergy Offenders alshall, notwithstanding his admission to the same, be put to shall answer to answer to all other felonies whereof he shall hereafter be indicted and have judgor appealed, and not being thereof before acquitted, convicted, cution upon other attainted, or pardoned, and shall in such manner be arraigned, Dyer, 214. tried, adjudged, and suffer such execution for the same, as he pl. 48. should have done if as a Clerk convict he had been delivered to the Ordinary, and there made his purgation. 18 Eliz. c. 7. s. 5. Persons allowed their Clergy shall not be delivered to the Ordinary, but after being burnt in the hand according to the Statute, shall be delivered out of prison. 18 Eliz. c. 7. s. 2. The Justices before whom such allowance of Clergy shall be had, shall and may, for the further correction of such persons to whom Clergy is so allowed, detain and keep them in prison for such convenient time as the same Justices in their discretion shall think convenient, so as the same do not exceed one year's imprisonment. s. 3.

$3. Offenders

allowed their Clergy shall not

be delivered, but burnt shall be discharged, or

after being

may be imprisoned not exceeding one

2 Bulstr. 137.

§ 4. Persons indicted which, on con

of a crime for

would not have

If any person or persons whatsoever be indicted of any offence for which, by virtue of any former Statute, he or they are excluded from having the Benefit of his or their Clergy, if he or they had been thereof convicted by verdict or confession, if he or they viction, they stand Mute, or will not answer directly to the felony, or shall challenge peremptorily above the number of twenty persons returned to be of the Jury, or shall be outlawed thereupon, shall not be admitted to the Benefit of his or their Clergy. 3 W. & M. c. 9. s. 2.

their Clergy, if &c. shall not have their Clergy.

they stand mute,

§ 5. victed in one County of stealing goods by Robbery or Burglary in

Persons con

another County,

ousted of Clergy if either of

If any person or persons hereafter be indicted of felony, for stealing of any goods or chattel in any County within this Realm of England, Dominion of Wales, or Town of Berwick-uponTweed, and thereof be convicted or attainted, or upon his or their Arraignment shall stand Mute, or will not directly answer to the indictment, or shall challenge peremptorily above the number of twenty persons returned to be of the Jury, he or they shall be totally excluded from having the Benefit of his or their Clergy, if it appear upon evidence or examination before the Justices, that the said goods or chattel were taken by Robbery or Bur- 33glary, or in any other manner, in any other County, whereof if such person or persons had been convicted by a Jury of the said other County, he or they are excluded, by virtue of this or any

those facts are

proved on the

trial.

2

Hawk. P. C.

§ 6. Women convict of felony shall hereafter be punished in like

manner as men.

Clerk of Assize, &c. shall certify the tenor of

such convictions other Counties.

to Justices in

Offenders pray

shall be allowed

other act, from having the Benefit of his or their Clergy. s. 3. (And see ante, §1.)

Where a Man being convicted of any felony for which he may demand the Benefit of his Clergy, if a Woman be convicted for the same or like offence, upon her prayer to have the Benefit of this Statute, judgment of Death shall not be given`against her upon such conviction, or execution awarded upon any Outlawry for such offence, but shall suffer the same punishment as a man should suffer that has the Benefit of his Clergy allowed him in the like case; that is to say, shall be burnt in the hand by the Gaoler in open Court, and further be kept in prison for such time as the Justices shall think fit, so as the same do not exceed one year's imprisonment. 3 W. & M. c. 9. s. 6.

The Clerk of the Crown, Clerk of the Peace, Clerk of the Assizes, where such man or woman shall be convicted, shall, at the request of the prosecutor, or any other in their Majesties behalf, certify a transcript, briefly and in few words, containing the Effect and Tenor of every Indictment and Conviction of such man or woman, of his having the Benefit of the Clergy, or her having the Benefit of this Statute, and Addition of every such person, and the certainty of the felony and conviction to the Judges and Justices in such other County where such man or

woman shall be indicted, which Certificate being produced in

Court, shall be a sufficient proof that such Man hath before had the Benefit of his Clergy, and that such Woman hath had the Benefit of this Statute. s. 7.

This Act is continued by 4, 5 W. & M. c. 24. s. 13., and made perpetual by 6, 7 W. 3. c. 14. s. 1.

Forasmuch as when any person is convicted for any felony ing their Clergy within the Benefit of Clergy, upon his prayer to have the Benefit it without being thereof allowed to him, it hath been used to administer a book to required to read. him, to try whether he can read as a Clerk, which, by experience,

is found to be of no use; be it therefore enacted, that from and after the 14th February 1706, if any person be convicted of any such ielony for which he ought to have had the Benefit of his Clergy if this Act had not been made, and shall pray to have the benefit of this Act, he shall not be required to Read, but without any reading shall be allowed, taken, and reputed to be, and punished as a Clerk convict, which shall be as effectual to all intents and purposes, and be as advantageous to him, as if he had read as a Clerk; any thing in this Act, or any other Law or Statute to the contrary notwithstanding. 5 Ann. c. 6. s. 4.

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