XI. By 26 G. 2. c. 19. s. 11. assaulting and wounding, XII. By stat. 9 Ann. c. 14. s. 7. assaulting and beat- gaming, forfeiture of personal estate and § 1. Persons mali ciously shooting at another, or forcibly rescuing such offenders, or procuring others to join them in such acts, declared guilty of felony without clergy. § 2. I. Felonious Assault with Intent to murder, maim, disfigure, or to do some grievous bodily Harm. (And see Title MAYHEM.) If any person or persons shall wilfully and maliciously shoot at any person in any dwelling-house or other place, or shall forcibly rescue any person being lawfully in custody of any officer or other person for any of the offences before mentioned, or if any person or persons shall by gift or promise of money or other reward, procure any of his Majesty's subjects to join him or them any such unlawful act, every person so offending, being thereof lawfully convicted, shall be adjudged guilty of Felony, and shall suffer Death as in cases of Felony, without benefit of clergy. 9 G. 1. c. 22. s. 1. in This act is made perpetual by 31 G. 2. c. 42. Offenders not surrendering themselves after proclamation, and persons concealing offenders after the time appointed for such surrender, are also ousted of clergy. 9 G. 1. c. 22. s. 4, 5. By s. 14. offenders may be tried in any county in England, and corruption of blood is saved. See the above act 9 G. 1. c. 22. at length, under title "BLACK ACT." The Statute 43 G. 3. c. 58., intituled "An Act for the further prevention of malicious shooting, and attempting to discharge loaded fire-arms, stabbing, cutting, wounding, poisoning, and the malicious using of means to procure the miscarriage of women, and also the malicious setting fire to buildings, and also for repealing a certain act (21 Jac. 1. c. 27.), and also an act made in Ireland (6 Ann. c. 4. Irish act), and for making other provisions or stabbing, &c. with intent to murder, &c. or to prevent arrest, &c. or administering poison, &c. or in lieu thereof," recites, that "divers cruel and barbarous outrages have been of late wickedly and wantonly committed in divers parts of England and Ireland upon the persons of divers of his Majesty's subjects, either with an intent to murder or to rob, or to maim, disfigure, or disable, or to do other grievous bodily harm to such subjects;" and that "the provisions now by Law made for the prevention of such offences have been found ineffec tual for that purpose; and that certain other heinous offences, committed with intent to destroy the lives of his Majesty's subjects by poison, or with intent to procure the miscarriage of women, or with intent by burning to destroy or injure the buildings and other property of his Majesty's Subjects, or to prejudice persons who have become Insurers of or upon the same, have been of late also frequently committed, but no adequate means have been hitherto provided for the prevention and punishment of such Persons in Engoffences;" and then enacts, that if any person or persons, from land or Ireland wilfully, &c. and after 1st July 1803, shall either in England or Ireland wil- shooting or atfully, maliciously, and unlawfully shoot at any of his Majesty's shoot any subject tempting to subjects, or shall wilfully, maliciously, and unlawfully present, of his Majesty, point, or level, any kind of loaded fire-arms at any of his Majesty's subjects, and attempt by drawing a trigger, or in any other manner, to discharge the same at or against his or their person or persons, or shall wilfully, maliciously, and unlawfully stab or cut any of his Majesty's subjects, with intent in so doing, or by means thereof, to murder or rob, or to maim, disfigure, or disable such his Majesty's subject or subjects, or with intent to do some other grievous bodily harm to such his Majesty's subject or subjects, or with intent to obstruct, resist, or prevent the lawful apprehension and detainer of the person or persons so stabbing or cutting, or the lawful apprehension and detainer of any of his, her, or their accomplices, for any offences for which he, she, or they may respectively be liable by law to be apprehended, imprisoned, or detained, or shall wilfully, maliciously, and unlawfully administer to, or cause to be administered to, or taken by any of his Majesty's subjects, any deadly poison, or other noxious and destructive substance or thing, with intent such his Majesty's subject or subjects thereby to murder, or thereby to cause and procure the miscarriage of any woman then being quick with child, or shall wilfully, maliciously, and unlawfully set fire to any house, barn, granary, hop oast, malthouse, stable, coach house, outhouse, mill, warehouse, or shop, whether such house, barn, granary, hop oast, malthouse, stable, coach house, outhouse, setting fire to any house, &c. sellors, &c. and their coun ousted of clergy. If death had ensued from such acts the offence would not have been son indicted person or persons so setting fire to the same, or in the possession of any other person or persons, or of any body corporate, with intent thereby to injure or defraud his Majesty or any of his Majesty's subjects, or any body corporate, that then and in every such case the person or persons so offending, their counsellors, aiders, and abettors, knowing of and privy to such offence, shall be and are hereby declared to be Felons, and shall suffer death as in cases of felony, without benefit of clergy: provided always, that in case it shall appear on the trial of any person or persons indicted for the wilfully, maliciously, and unlawfully shooting at any of his murder, the per. Majesty's subjects, or for wilfully, maliciously, and unlawfully shall be acquitted. presenting, pointing, or levelling any kind of loaded fire-arms at of his Majesty's subjects, and attempting, by drawing a trigger, or in any other manner, to discharge the same at or against his or their person or persons, or for the wilfully, maliciously, and unlawfully stabbing or cutting any of his Majesty's subjects with * There appears such intent as aforesaid, that such acts of * stabbing or cutting were committed under such circumstances as that, if death had ensued therefrom, the same would not in Law have amounted to the crime of Murder; that then and in every such case the person or persons so indicted shall be deemed and taken to be Not Guilty of the Felonies whereof they shall be so indicted, but be thereof acquitted. here to be an omission of the words "shoot ing," and those that follow that word in the former part of this proviso. Persons beating, &c. others, with their escape from a wreck, declared guilty of a capital felony. any II. Feloniously assaulting any Person with Intent to kill, &c., or obstructing the Escape of any one endeavouring to save their Life from a Vessel Wrecked, &c. If any person or persons shall beat or wound with intent to kill intent to prevent or destroy, or shall otherwise wilfully obstruct the escape of any person endeavouring to save his or her life from such [viz. any ship or vessel of his Majesty's subjects, or others, which shall be in distress, or which shall be wrecked, lost, stranded, or cast on shore in any part of his Majesty's dominions] ship or vessel, or the wreck thereof, then such person or persons so offending shall be deemed guilty of Felony, and being lawfully convicted thereof, shall suffer death as in cases of felony, without benefit of clergy. 26 G. 2. c. 19. s. 1. Offenders assaulting persons III. Felonious Assault with Intent to Rob. Whereas many of his Majesty's subjects have of late fre with an offensive quently been put in great fear and danger of their lives by wicked weapon, or by menaces, and in and ill-disposed persons assaulting and attempting to rob demanding them: And whereas the punishment of such offenders is not a violent manner adequate to the heinousness of the crime, nor sufficient to deter money, &c. with wicked persons from such attempts; for the greater punishment intent to rob them, declared therefore of such offenders, and for the more effectual preventing guilty of felony, of the like mischiefs for the future; be it enacted, that if any transported for and may be person or persons, from and after the 1st of May 1734, shall with seven years. any offensive Weapon or Instrument unlawfully and maliciously Assault, or shall by Menaces, or in or by any forcible or violent manner, demand any Money, Goods, or Chattels, of or from any other person or persons with a felonious intent to rob or commit robbery upon such person or persons, that then and in every such case, all and every such person and persons so offending, being thereof lawfully convicted, shall be and be adjudged guilty of Felony; and every such offender and offenders shall be subject and liable to be transported as in cases of felony; and the Courts by and before whom he, she, or they shall be tried and convicted shall have full power and authority of transporting such offenders for the space of seven years, upon the like terms and conditions, and by the same ways and means, and in like manner as other felons may or are to be transported to any of his Majesty's Colonies or Plantations in America by force or virtue of any Law for that purpose now in being. 7 G. 2. c. 21. breaking gaol, or returning from transportation, ousted of clergy. If any such offender or offenders aforesaid, who shall be or- Such offenders dered for transportation by or by virtue of this present act, shall break Gaol or escape before such transportation, or shall return into any part of Great Britain or Ireland before the expiration of the said seven years for which such offender or offenders shall be so ordered to be transported as aforesaid, contrary to the intent and meaning hereof; all and every such person and persons so breaking Gaol, escaping or returning into any part of Great Britain or Ireland within the space aforesaid, being thereof lawfully convicted, shall suffer Death as Felons, and have execution awarded against them as persons attainted of Felony, without benefit of clergy. s. 2. Persons wilfully, &c. shooting at, &c. any subject of his Majesty, &c. or stabbing,' rob, ousted of By statute 43 G. 3. c. 58. (which see at length, Division I. § 2. of this title) it is enacted, that if any person or persons from and after 1 July 1803, shall, either in England or Ireland, wilfully, maliciously, and unlawfully shoot at any of his Majesty's with intent to subjects, or shall wilfully, maliciously, and unlawfully present, point, or level any kind of loaded fire-arms at any of his Majesty's subjects, and attempt by drawing a trigger or in any other manner to discharge the same at or against his or their person or persons, or shall wilfully, maliciously, and unlawfully stab or cut clergy. Offenders as saulting persons in the streets or highways with intent, and actually any of his Majesty's subjects, with intent in so doing or by means thereof to murder or rob such his Majesty's subject or subjects, that then and in every such case the person or persons so offending, their Counsellors, Aiders, and Abettors, knowing of and privy to such offence, shall be and are hereby declared to be Felons, and shall suffer Death as in cases of felony, without benefit of clergy. IV. Feloniously assaulting any Person with Intent to tear, spoil, cut, &c. Garments or Clothes. If any person or persons shall, at any time or times from and after 24 June 1720, wilfully and maliciously assault any person or persons in the Public Streets or Highways, with an tearing, spoiling, intent to tear, spoil, cut, burn, or deface, and shall tear, spoil, cutting, burning, cut, burn, or deface, the garments or cloaths of such person or sor defacing their clothes, declared persons, that then all and every person and persons so offending, guilty of felony. being thereof lawfully convicted, shall be and be adjudged to be The penalty for brawling in a Church or Churchyard; Hetley, 86. and for smiting guilty of Felony; and every such felon and felons shall be subject and liable to the like pains and penalties as in cases of felony: and the Courts by and before whom he, she, or they shall be tried, shall have full power and authority of transporting such felons for the space of seven years, upon the like terms and conditions as are given, directed, or enacted by this or the before recited act. [4 G. 1. c. 11.-6 G. 1. c. 23. s. 11. V. Assaults in Churches or Churchyards, and on Clerks. If any person shall at any time, by words only, quarrel, chide, or brawl in any Church or Churchyard, it shall be lawful unto the Ordinary of the place where the same offence shall be done, and proved by two lawful witnesses, to suspend every person so offending; that is to say, if he be a Layman ab ingressu Ecclesiæ, and if he be a Clerk, from the ministration of his office, for so long time as the said Ordinary shall by his discretion think meet and convenient, according to his fault. 5, 6 Ed. 6. c. 4. If any person shall smite or lay violent hands upon any any one there; other, either in any Church or Churchyard, that then ipso facto every person so offending shall be deemed Excommunicate, and be excluded from the fellowship and company of Christ's congregation. s. 2. and for drawing weapon with intent to strike, a If any person shall maliciously strike any person with any Weapon in any Church or Churchyard, or shall draw any Weapon |