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The yeomen officers shall enquire of such offences.

How such offenders shall be arraigned and tried.

and in his absence before the Treasurer, Comptroller, and Steward of the Marshalsey aforesaid, or before two of them, whereof the said Steward of the Marshalsey to be one: and that such Inquisitions and Offices so certified shall be deemed, adjudged and taken for ever as good and effectual in the Law to all intents, constructions, and purposes, as any Inquisition taken upon view of the Body of any person being dead by any Coroner of any County of this Realm hath been or shall be adjudged or taken. 33 H. 8. c. 12. s. 3.

The two Clerks Comptrollers, Clerks of the Check, and Clerks Marshals for the time being of the King's said Houshold, and of his Heirs, or one of them for ever, upon a Precept to them, or to any of them hereafter to be made by the said Lord Great Master or Lord Steward, or in the absence of the said Lord Great Master or Lord Steward, by the said Treasurer and Comptroller of the King's most honourable Houshold, and the said Steward of the Marshalsey, or by two of them, whereof the said Steward of the Marshalsey to be one, shall have full power to summon, warn, and return the names of twentyfour persons, oeing Yeomen Officers of the King's said Houshold, and of his Heirs, in the said Check Roll, to enquire of such Treasons, Misprisions of Treasons, Murders, Manslaughters, and other malicious Strikings, by reason whereof blood is or shall be shed against the King's Peace, before the said Lord Great Master or Lord Steward, and in his absence before the said Treasurer, Comptroller, and Steward of the Marshalsey, or before two of them at the least, whereof the Steward to be one. s. 4.

And that it shall be lawful to the said Lord Great Master or Lord Steward, and in his absence to the said Treasurer, Comptroller, and the said Steward aforesaid, or two of them, whereof the said Steward to be one, before whom such returns shall be so made as is aforesaid, to cause such number of the said twentyfour persons so returned above the number of twelve persons, as to him or them shall seem expedient, to enquire of such Treasons, Misprisions of Treasons, Murders, Manslaughters, and other malicious Strikings, by reason whereof blood is or shall be shed, against the King's Peace, within the said Palaces or Houses, or other the said House or Houses, sith the said Feast of All Saints, or at any time hereafter shall be committed or done within the said Palace or House, or other the said House or Houses. s. 5.

And if any person or persons be indicted by the said Jury so sworn before them as is aforesaid, or by Inquisition before the

said Coroner of the said Houshold, and certified before the said Lord Great Master or Lord Steward, or in the absence of the said Lord Great Master or Lord Steward, before the said Treasurer, Comptroller, and Steward, or before two of them, whereof the said Steward to be one as is aforesaid, that then immediately, without delay, the said Lord Great Master or Lord Steward, and in his absence the said Treasurer, Comptroller, and Steward, or two of them, whereof the said Steward to be one, before whom the said Presentment, Inquisition, or Indictment shall be so found, or certified by the same Coroner of the same Houshold, shall arraign before them all and every such person and persons so indicted, according to the course of the Common Law of this Realm, and forthwith, after Issue joined between the King and our Sovereign Lord, his Heirs or Successors, and the Prisoners so arraigned, the same day and place, or any other day and place, at the pleasure of the said Lord Great Master or Lord Steward, and in his absence at the pleasure of the said Treasurer, Comptroller, and Steward of the Marshalsey, or two of them, as is aforesaid, shall make another Precept to the said Clerks Comptrollers, Clerks of the Check, and Clerks Marshals for the time being of the said Houshold, or to one of them, to summon and return one other Jury of Twentyfour persons, to appear before the said Lord Great Master or Lord Steward, and in his absence before the said Treasurer, Comptroller, and Steward of the Marshalsey, or before two of them, whereof the same Steward to be one, at such day, time, and place, and upon such pain, as shall be then limited and appointed, of the Servants and Gentlemen Officers of the King's Chamber, his Heirs and Successors, and of the said Housholds, which now take or hereafter shall take wages by the King's Chequer Roll; and that the said Lord Great Master or Lord Steward (if he be there present), or in his ab sence the said Treasurer, Comptroller, and Steward of the said Marshalsey, or two of them, whereof the same Steward to be one, before whom such Jury shall be so returned, shall cause Twelve of the same Jury to be sworn, without any manner of Challenge to be had or allowed for any manner of cause to any of the said Jury (malice only excepted), truly to be tried between our said Sovereign Lord the King and his Heirs, and such person and persons as shall be so indicted and arraigned of such Treasons, Misprisions of Treasons, Murders, Manslaughters, and other Malicious Strikings, by reason whereof Blood is or shall be shed against the King's Peace, or any of them; and if any

such person or persons so indicted and arraigned be found guilty of any Treason, Misprision of Treason, Murders, or ManTheir punish- slaughters, that then all and every such person and persons só

ment.

Offenders mali

ciously striking in any palace or royal residence,

shall have their' right hand stricken off,

found guilty, shall have Judgment of Life and Member, and suffer such pains of Death, and shall forfeit all their Manors, Lands, Tenements, Goods, and Chattels, in like manner and form as if the same person and persons had been found guilty of any the said Offences by the order of the Common Laws of this Realm, without allowing to any such person or persons so found guilty of any of the same Offences, the benefits of his or their Clergy, or Privilege of any Sanctuary. 33 H. 8. c. 12. s. 6. And if any person or persons so arraigned be found guilty for Malicious Striking, by reason whereof Blood is, hath been, or shall be shed against the King's Peace within the said Palace or House, or any other House, or any other the said House of Houses, that then every such person or persons shall from henceforth have Judgement by the said Lord Great Master or Lord Steward (if he be present), and in his absence by the other aforenamed, before whom such person and persons shall be so found guilty, to have his Right Hand stricken off before the said Lord Great Master or Lord Steward, if he be there present, and in his absence before the said Treasurer, Comptroller, and Steward of the Marshalsey, or two of them at the least, whereof the said Steward to be one, and at such place or time as he or they before whom such person or persons shall be so found guilty, shall appoint Execution to be done; and the same Execution to be done by such person as the said Lord Great Master or Lord Steward, if he be there present, and in his absence, as the said Treasurer, Comptroller, and Steward of the Marshalsey, or two of them, whereof the Steward to be one, shall name or appoint, and also shall have Judgement to have perpetual petual imprison- Imprisonment during his Life, and shall pay Fine and Ransom at the King's Majesty's Pleasure, his Heirs and Successors.

and suffer per

ment, &c.

What officers shall be attend

ant on the execution of such punishment.

The chief
Surgeon,

s. 7.

And for the further Déclaration of the solemn and due Circumstance of the Execution appertaining, and of long time due and accustomed to and for such malicious strikings by reason whereof Blood is, hath been, or hereafter shall be shed against the Peace, it is therefore enacted, that the Sargeant or Chief Surgeon for the time being, or his Deputy, of the King's Houshold, his Heirs and Successors, shall be ready at the time and place of Execution as shall be appointed as is aforesaid, to sear the Stump when the Hand is stricken off. s. 8.

And the Sargeant of the Pantry for the time being of the Sargeant of the Pantry, same Houshold, or his Deputy, shall be also then and there ready to give Bread to the party that shall have his Hand so stricken off. 33 H. 8. c. 12. s. 9.

And the Sargeant of the Celler for the time being of the same and of the Celler, Houshold, or his Deputy, shall also be then and there ready

with a pot of Red Wine, to give the same party drink after his

Hand is so stricken off, and the stump seared. s. 10.

And the Sargeant of the Ewry for the time being of the same and Ewry. Houshold, or his Deputy, shall also be then and there ready

with Clothes sufficient for the Surgeon to occupy about the same

Execution. s. 11.

Chandry.

And the Yeoman of the Chandry for the time being of the Yeoman of the same Houshold, or his Deputy, shall also be then and there, and have in readiness seared Clothes sufficient for the Surgeon

to occupy about same Execution. s. 12.

And the Master Cook for the time being of the same Hous- Master Cook. hold, or his Deputy, shall also be then and there ready, and bring with him a dressing Knife, and shall deliver the same Knife at the place of Execution to the Sargeant of the Larder for the time being of the same Houshold, or his Deputy, who shall be also then and there ready, and hold upright the dressing Knife till Execution be done. s. 13.

Poultry.

And the Sargeant of the Poultry for the time being of the same Sargeant of the Houshold or his Deputy shall be also then and there ready with a Cock in his Hand ready for the Surgeon to wrap about the same Stump when the Hand shall be so stricken off. s. 14.

And the Yeoman of the Scullery for the time being of the same Houshold, or his Deputy, to be also then and there ready, and prepare and make, at the Place of Execution, a Fire of Coals, and there to make ready searing Irons against the said Surgeon or his Deputy shall occupy the same. s 15.

Yeoman of the

Scullery.

And the Sargeant or chief Ferror for the time being of the same Chief Ferror. Houshold, or his Deputy, shall be also then and there ready,

and bring with him the searing Irons, and deliver the same to the

same Sargeant or chief Surgeon, or to his Deputy, when they be

hot. s. 16.

And the Groom of the Salcery for the time being of the same Groom of the Houshold, or his Deputy, shall be also then and there ready Salcery, and with Vinegar and cold Water, and give Attendance upon the said Surgeon or his Deputy, until the same Execution be done.

Sargeant of the wood-yard.

Offenders indicted not

answering di

be adjudged

convict.

And the Sargeant of the Wood-yard for the time being of the same Household, or his Deputy, shall bring to the said Place of Execution a Block, with a Betil a Staple and Cords, to bind the said Hand upon the Block while Execution is in doing. 33 H. 8. c. 12. s. 18.'

If any Person or Persons so indicted of Treason, Misprision of Treason, Murder, Manslaughter, or other malicious striking, rectly, or stand-by reason whereof Blood is, hath been, or shall be shed against ing mute, shall the King's Peace as is aforesaid, and thereof be arraigned and obstinately refuse to answer directly to the same Offences whereof he or they be so indicted; or if such Person or Persons so indicted and arraigned stand mute and will not speak, then such Person or Persons so refusing to answer or standing mute shall be convict, judged, and deemed guilty of the thing whereof he or they is or shall be so indicted and arraigned, and shall have Judgement to have like Pains of Death, and other Pains, Punishments, Executions, Forfeitures, Losses, and Seizures of Lands, Tenements, Goods and Chattels for the same, as he or they ought or should have had for such like Offences if he or they were or should be found guilty thereof by the Verdict of Twelve Appointment of men. And that the said Clerks Comptrollers, Clerks of the a crier to the Check, and Clerks Marshal, or one of them for the time being, shall from time to time name, assign, and appoint a Crier to make Proclamation, and call the Juries, and to do other things as becometh a Crier of a Court to do belonging to that office. s. 19.

court.

Exceptions to

this Act.
(And see post
s. 26.)

Provided always, that this Act before rehearsed concerning malicious strikings, by reason whereof Blood is, hath been, or shall be shed against the King's Peace, ne the Pains and Forfeitures before rehearsed for the Punishment of the same, shall not in any ways extend nor be prejudicial or hurtful to any Nobleman, or to any other person or persons that shall happen to strike his or their Servants within the said Palaces or Houses, or any other House or Houses aforesaid, or within the Limits of the same, with his or their Hands or Fists, or with any small Staff or Stick, for Correction and Punishment for any Offences committed and done, 、 or to be committed and done, ne to any of the King's Officers or Servants that shall strike any person within the same Palace or House, or any other House or Houses as aforesaid, although by reason of the said Stroke or Strokes there happened to be any Blood shed of such person as shall be so stricken, except the person so stricken do die of the same Stroke within one Year next after the same Stroke so given: Provided also, that the Trials of

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