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Punishing persons attempting a

rescue or an escape.

For preventing the further escape.

aid and assistance all or any persons, being subjects of his Majesty, or owing Allegiance to his Majesty, for the detaining and keeping the said Napoleon Buonaparté in custody as aforesaid, or for the removing or conveying him as aforesaid, as occasion may require; and that all and every such person or persons so appointed or to be appointed as aforesaid, and all and every person and persons who shall be called to his or their aid and assistance, shall have full power and authority to use all ways and means for the detaining and keeping the said Napoleon Buonaparté in such custody, and for the prevention of the rescue or escape of the said Napoleon Buonaparté from and out of such custody, and for the retaking the said Napoleon Buonaparté in case he shall be rescued or shall escape from and out of the same, as might be lawfully used for the detaining and keeping in custody, and for preventing the rescue or escape of, and for the retaking any prisoner of war. s. 2.

If any person or persons, being a subject or subjects of or owing Allegiance to his Majesty, his Heirs or Successors, shall Rescue or Attempt to Rescue the said Napoleon Buonaparté, or shall knowingly and wilfully Aid or Assist in the Escape of the said Napoleon Buonaparté, or in any attempt to escape from such custody as aforesaid, or from any limits or bounds wherein he now is, or at any time hereafter shall or may be detained and kept in custody as aforesaid, or in which he shall or may be suffered to go at large within the limits of any Island or Country, Territory or Place, or within the limits of any district or bounds within any Island or Country, Territory or Place, upon Parole, or without parole, all and every such person and persons so offending, shall, upon being convicted thereof, be adjudged guilty of Felony, and shall suffer Death as in cases of Felony, without Benefit of Clergy. s. 3.

If any person or persons, being subjects of or owing Allegiance to his Majesty, his Heirs or Successors, shall knowingly and wilfully aid, assist, or further the said Napoleon Buonaparté in quitting any part of any Island, Country, Territory, or Place, without the limits and bounds of any district of such Island, Country, Territory, or Place within which he may have been confined or suffered to go at large, on parole or without parole, after he shall have been rescued, or have escaped or departed from any place of custody, or from the limits and bounds within which he shall have been committed to go at large, upon parole or without parole, he, she, or they shall be deemed guilty of aiding the escape of the said Napoleon Buonaparté, under the provisions of this act. s. 4.

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If any person or persons, being a subject or subjects of his Prohibiting any Majesty, or owing allegiance to his Majesty, after the said escape upon the Napoleon Buonaparté shall have been rescued, or have escaped high seas. of departed from and have quitted the Island, Country, District, or Territory within which he shall have been detained and kept in custody as aforesaid, or have been suffered to go at large, upon parole or without, or after he shall have quitted and departed from any other Country into which he may have escaped or come, shall knowingly and wilfully, upon the High Seas, aid, assist, or further the said Napoleon Buonaparté in escaping or going to or towards any other Dominions or Place whatsoever, such person or persons shall be adjudged guilty of Felony, and shall suffer Death as in cases of Felony, without Benefit of Clergy. s. 5.

All Offences against this Act, wheresoever the same shall be Where offences committed, whether within the Dominions of his Majesty or may be tried without, or upon the High Seas, may be inquired of, tried, heard, determined, and adjudged in any County within that part of his Majesty's Dominions called England, in like manner, and by a Jury of such County, as if such Offences had been committed within such County; and that in every Information or Indictment for such Offence, such Offence may be laid and charged to have been committed in such County. s. 6.

All persons who shall be apprehended, detained, or in For detaining custody, charged with any Offence against this Act, may be with offences. persons charged detained in custody and sent to England, in order to their being proceeded against and tried for such Offence. s. 7.

If any Action, Suit, Bill, Plaint, Information, or Indictment, General issue. shall be brought, sued, or prosecuted against any person or persons for any thing done under or by virtue of this Act, such person or persons may plead the General Issue, and shall have the Advantage thereof as fully, and to all intents and purposes, as if the special matter had been fully and well pleaded, and in such manner as any Justice of the Peace, Constable, or other Officer, questioned for matters acted by them as Officers, or in the execution of their offices, may have the advantage of the matter of their Justification upon the General Issue by them pleaded, by any of the Laws and Statutes of this Kingdom. s. 8.

§ 1.

Burglary.

(And see Title REWARDS.)

§ 1. By Statute 25 H. 8. c. 3. s. 2. Burglars standing Mute, or challenging peremptorily above Twenty, or not

answering directly to the Indictment, ousted of Clergy. By s. 3. of the same Statute, such Offenders being convicted in the County where they are found in Possession of Goods, &c. stolen by Burglary in another County, ousted of Clergy upon Proof of the Fact. § 2. By Statute 1 Ed. 6. c. 12. s. 10. and 18 Eliz. c. 7. breaking any House by Day or by Night, any Person being therein, and put in fear, &c. ousted of ClergyBy Statute 3 W. & M. c. 9. s. 1. Counselling, Hiring, or Commanding any Person to commit Burglary, ousted of Clergy.

§3.

§ 4.

So by Statute 5 Ann. e. 31. Persons Receiving, Harbouring, or Concealing Burglars, ousted of Clergy. By Statute 12 Ann. st. 1. c. 7. s. 3. entering any Dwelling House by Day or Night without breaking, with intent to commit Felony, or being therein and committing Felony and breaking such House in the Night time to get out of the same, ousted of Clergy.

The Statute 25 H. 8. c. 3. (s. 2.) (1) enacts, that every Persons commit- person and persons that is or hereafter shall be indicted of Petit ting burglary ousted of clergy. Treason, Wilful Burning of Houses, Murther, Robbery, or Burglary, or other Felony, according to the tenor and meaning of the same Statute (2), and thereupon arraigned, and do stand Mute of malice or froward mind, or Challenge Peremptorily above the number of twenty, or else will not or do not answer directly to the same Indictment and Felony whereupon he is so arraigned, shall from henceforth lose the benefit and privilege of his or their clergy, in like manner and form as if he had directly pleaded to the same Petit Treason, Murther, Robbery, Burglary, or other Felony whereupon he is so arraigned, Not Guilty, and thereupon had been found Guilty after the Laws of the Land.

(1) See this Statute at length under Division I. § 2. of title LARCENY and ROBBERY.

(2) 23 H. 8. c. 1. which see under title LARCENY and ROBBERY, passim.

Offenders convicted in the

in possession of

burglary in another county,

ousted of clergy on proof of the

The same Statute further enacts (s. 3.), that if any person or persons be hereafter indicted of Felony for stealing of any goods county where or chattels, in any County within this Realm of England, and they are found thereupon arraigned and be found guilty, or stand Mute of ma- goods, &c. stolen lice, or challenge peremptorily above the number of twenty by robbery or persons as is aforesaid, or will not upon his said arraignment, directly answer to the same Felony, that then the same person and persons so arraigned and found guilty, or stand mute of fact. malice, or challenge peremptorily above the number of twenty persons, or will not directly answer to the Law, shall lose and be put from the Benefit of their Clergy, in like manner and form as they should have been if they had been indicted and arraigned, and found guilty in the same county where the same Robbery or Burglary was done or 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 or done, by reason whereof they should have lost the Benefit of their Clergy by force of the said Statute, in case they had been found guilty thereof in the same Shire where such Robberies or Burglaries were so committed or done.

c. 3. revived and

The statute 1 Ed. 6. c. 12. s. 10. (which see at length under The third section title Larceny and Robbery, I. § 3.) having enacted that in all of stat. 25 H. 8. other cases of Felony, other than such as were thereinbefore confirmed. mentioned, all and singular person and persons which after 1st 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, in like manner as he or they might or should have done before the 24th April, 1 H. 8.; the clause operated as a virtual Repeal of the above section of the Statute 25 H. 8. c. 3. 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 have had and enjoyed their Clergy, which they would not have had, in case the said act made in the said xxv. 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 xxv. year, touching the putting of such offenders from their Clergy, and every Article, Clause, or Sentence contained in the same, touching

§ 2.

Clergy taken away from offenders in burglary.

$ 3.

Clergy, shall from henceforth touching such offences from hencéforth 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.

No person or persons that at any time hereafter shall be, in due form of the Laws, attainted or convicted of Breaking of any House, by day or by night, any person being then in the same house where the same Breaking hereafter shall be committed, and hereafter shall be thereby put in fear or dread, or being indicted or appealed of any of the same offences (1), and thereupon found guilty by verdict of twelve men, or shall confess the same upon his or their arraignment, or will not answer directly according to the Laws of this Realm, or shall stand wilfully or of malice mute, shall not be admitted to have or enjoy the privilege or benefit of his Clergy or Sanctuary, but shall be put from the same. 1 Ed. 6. c. 12. s. 10.

The statute 18 Eliz. c. 7. enacts, that if any person or persons shall fortune hereafter to commit or do any manner of Felonious Burglary, and to be found guilty of the same by Verdict, or shall be Outlawed for such offence, or upon his or their arraignment shall confess any such Felonious Burglary, that every person and persons so being found guilty, outlawed or confessing any such Burglary, shall suffer pains of Death, and forfeit as in cases of felony has been used and accustomed by the Common Law, without any allowance of the Privilege or Benefit of Clergy.

All and every person and persons that shall at any time Offenders coun- hereafter counsel, hire, or command any person to commit any selling, &c. others to commit bur- Burglary, being thereof Convicted or Attainted, or being Indicted glary, or standing thereof, shall stand Mute, or will not directly answer to the challenging above Indictment, or shall Peremptorily Challenge above the number twenty, ousted of of twenty persons returned to be of the Jury, shall not have the Benefit of his or their Clergy. 3 W. & M. c. 9. s. 1.

mute, &c. or

clergy.

This act was continued by 4 & 5 W. & M. c. 24. s. 13., and made perpetual by 6 & 7 W. 8. c. 14. s. 1.

The Statute 5 Ann. c. 31. recites that Burglars and Housebreakers are much encouraged to commit such Burglaries and Felonies, because a great number of persons make it a trade to

(1) There are numerous offences particularized in this section, which see under title LARGENY and ROBBERY, and other appropriate titles, passim.

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