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cause or causes, matter or matters, civil or criminal whatsoever, which now are or hereafter shall be depending, or to be inquired into or determined in any of the said Courts.

By s. 2. every Justice of Great Sessions in Wales and in the County Palatine of Chester, shall have the like authority within the limits of his jurisdiction.

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No Writ of Habeas Corpus or Certiorari shall be hereafter No Habeas Corpus shall be granted to remove any prisoner out of any Gaol, or to remove issued till signed any recognizance, except the same Writs be signed with the by a judge; proper hands of the Chief Justice, or in his absence one of the Justices of the Court, out of which such Writs shall be awarded or made, upon pain that he that writeth any such Writs not on penalty of being signed as is aforesaid, to forfeit to the King for every such £5 on the Writ and Writs Five Pounds. 1, 2 P. & M. c. 13. s. 7.

Hawks.

The Statute 37 Ed. 3. c. 10. recites the Statute 34 Ed. 3. c. 22. and then enacts, that if any steal any Hawk, and the same carry away, not doing the ordinance mentioned in the recited Statute, it shall be done of him as of a thief that stealeth a Horse or other thing.

These Statutes are now repealed by the operation of the Statute 5 Eliz. c. 21. s. 3., which enacts that if any person shall take away any Hawk or Hawks, or the Eggs of any of them, by any ways or means unlawfully out of any of the Woods or Ground of any person, (not having lawful authority or licence so to do), he shall be imprisoned three months, and pay the party grieved treble damages.

More particularly as to the mode of proceeding against offenders, see this Act under title FISH PONDS.

highways.

writer.

Stealing a hawk felony.

The penalty for taking hawks or

their eggs.

Co. pl. 361.

fine.

Where any Lands have been or shall be given for the main- Lands given for tenance of Causeys, Pavements, Highways (1) and Bridges, maintaining all enfeoffed or trusted with such Lands, shall let them letten at the best bridges shall be persons to farm at the most improved yearly value, without fine; and rent without the Justices of the Peace in their open Sessions shall and Justices in sesmay enquire by such ways and means as they think fitting into sions may inthe value of all such Lands, and order the Improvement and quire of neglects. Employment of the Rents and Profits thereof, according to the

(1) Repealed as to Highways by 7 G. 3. c. 40. 13 G. 3. c. 78.

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will and direction of the donor of such Lands, if they find that the persons so intrusted have been negligent or faulty in the performance of their trust, (except such Lands as have been given to the uses aforesaid, to any College or Hall in either of the Universities which have visitors of their own.) 22 Car. 2.

c. 12. s. 2.

All defects of repairs of Causeys, Pavements, Highways, or Bridges, shall be presented in the county only where such Causeys, &c. or Bridges do lie, and not elsewhere; and no such presentment or indictment shall be removed by Certiorari or otherwise, till such indictment, &c. be traversed and judgment thereupon given. s. 4.

I.

Homicide.

Petit Treason and Murder.

II. i. Murder and Manslaughter in general.

ii. Homicide by stabbing another not having a Weapon drawn.

iii. Homicide by Foresters, &c. killing Trespassers not yielding after Hue and Cry made.

iv. Homicide occasioned by overloading Boats on the River Thames.

v. Homicide in any Palace or Royal Residence.

vi. Murder of Bastards.

vii. Murder and Manslaughter committed in Places not within his Majesty's Dominions.

III. Appeal of Murder.

IV. Accessaries to Murder.

V. Trials in cases of Murder.

VI. Judgement in Murder.
VII. Forfeiture in Homicide.

I. Petit Treason and Murder

The Statute 25 Ed. 3. st. 5. c. 2. (1) recites, that whereas divers opinions have been before this time in what case Treason shall be said, and what not; the King at the request of the Lords and of the Commons hath made a declaration in the manner as hereafter followeth; that is to say, if a man Slea the Chancellor, Treasurer, or the King's Justices of the one Bench or the other, Justices in Eyré, or Justices of Assise, and all other Justices assigned to hear and determine, being in their places doing their offices;

(1) See this act at length under title TREASON.

and it is to be understood, that in the Cases above rehearsed that ought to be judged Treason, which extends to our Lord the King and his Royal Majesty; and of such Treasons the forfeiture of the Escheats pertaineth to our Sovereign Lord, as well of the Lands and Tenements holden of other, as of him. And moreover, there is another manner of Treason, that is to say, when a Servant slayeth his Master, or a Wife her Husband, or where a Man secular or religious slayeth his Prelate, to whom he oweth faith and obedience; and of such Treasons the Escheats ought to pertain to every Lord of his own fee.

§ 2.

murdering his

It is ordained, that if any lay person hereafter murder their Lord, Master, or Sovereign immediate, that they hereafter be No lay person not admitted to their Clergy, and after conviction or attainder of master shall have any such person so hereafter offending had after the course of his clergy. the Law, that the same person be put in execution, as though he were no Clerk. 12 H. 7. c. 7.

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guilty of petit murder, and cer to the same,

treason and

tain accessaries

ousted of clergy.

By the Statute 23 H. 8. c. 1. s. 3. it is enacted, that no § 3. person nor persons which hereafter shall happen to be found Persons found guilty after the Laws of this Land, for any manner of Petit Treason, or for any wilful Murder of Malice prepensed, nor any person or persons being found guilty of any abetment, procurement, helping, maintaining, or counselling of or to any such Petit Treasons or Murders (1), shall from henceforth be admitted to the benefit of his or their Clergy, but utterly be excluded thereof, and suffer Death in such manner and form as they should have done for any of the Causes or Offences abovesaid if they were no Clerks; such as be within Holy Orders, that is to say, of the Orders of Sub-deacon or above, only except.

This Statute is made perpetual by 32 H. 8. c. 3. s. 7.

The Statute 25 H. 8. c. 3. recites the above Statute of 23 H. 8. c. 1. and that it extended only to such persons as were found guilty after the due Course of the Laws of the Land, by reason whereof many Offenders upon their Arraignment did stand mute, or challenged peremptorily above the number of twenty, or else would not answer directly to the Indictment whereby they had the benefit of their Clergy, and for that those especial Cases were not expressly comprized and contained within the Letter of the same Statute, and that it was necessary and expedient that the same Cases should be clearly and definitively expounded and declared, and then (by s. 2.) enacts,

(1) Several other felonies are named in the Act, which will be found under the appropriate titles.

Co. pl. 352.

2 Inst. 64. 67.

115.

Kel. 67-69.
Dyer, f. 224.
11 Co. 29.
Bulstr. 112.

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$ 4.

Extended to offenders standing mute or challenging above twenty, etc.

Offenders found guilty of murder or wilful poisoning ousted of clergy.

§ 5.

In wilful murder offenders ousted

by poisoning,

of clergy.

No offence shall

that every person and persons that is or hereafter shall be indicted of Petit Treason, Murther, or other Felony (1), according to the tenor and meaning of the same Statute, 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 or other Felony, whereupon he is so arraigned, not guilty, and thereupon had been found guilty after the Laws of the Land.

This last mentioned Statute is made perpetual by 32 H. 8.

c. 3. s. 7.

By the Statute 1 Edw. 6. c. 12. s. 10. it is enacted, that no person or persons that hereafter shall be in due form of the Laws attainted or convicted of Murder of malice prepensed, or of Poisoning of malice prepensed, or being indicted or appealed of the same Offences, 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.

All wilful killing by Poisoning of any person or persons, that at any time hereafter shall be done, perpetrated, or committed, shall be adjudged, taken, and deemed wilful Murder of malice prepensed, and the Offenders therein, their Aiders, Abettors, Procurers and Counsellors, shall suffer Death, and forfeit in every behalf as in other cases of wilful Murder of malice prepensed. 1 Edw. 6. c. 12. s. 13.

The Statute of 1 Ed. 6. c. 12. (s. 2.) enacts, that from hencebe high or petit forth no Act, Deed or Offence, being by Act of Parliament or Statute made Treason or Petit Treason by words, writing, 25 Ed. 3. st. 5. cyphering, deeds, or otherwise, shall be taken, had, deemed,

treason but what are named in

this act and

C. 2.

and adjudged to be High Treason or Petit Treason, but only such as be Treason or Petit Treason by the Act or Statute made 25 Ed. 3. and such Offences as hereafter by this present Act shall be declared to be Treason or Petit Treason; nor that any pains of death, penalty, or forfeiture ensue to any one for doing any Treason or Petit Treason other than as is by the said Statute 25 Ed. 3. and thisAct ordained.

(1) Several other felonies are named in the Act, which will be found under the appropriate titles.

By s. 22. of the same Statute 1 Ed. 6. no person shall hereafter be indicted, arraigned, condemned, or convicted for any Treason, Petit Treason, Misprision of Treason, or for any Words to be spoken, for which the same Offender or Speaker shall in any wise suffer any pains of death, imprisonment, loss or forfeiture of his goods, chattels, lands, or tenements, unless such Offender or Speaker be accused by two sufficient and lawful Witnesses, or shall willingly without violence confess the same. The Statute 5, 6 Ed. 6. c. 11. s. 12. (1) enacts, that no person or persons shall be indicted, arraigned, condemned, convicted, or attainted for any Treasons or Offences aforesaid (2), or for any other Treasons that now be or hereafter shall be, which shall hereafter be perpetrated, committed, or done, unless the same offender or offenders be thereof accused by two lawful Accusers; which said accusers at the time of the arraignment of the party accused, if they be then living, shall be brought in person before the party so accused, and avow and maintain that that they have to say against the said party, to prove him guilty of the Treasons or Offences contained in the bill of indictment laid against the party arraigned, unless the said party arraigned shall willingly without violence confess the same.

Upon the arraignment of any person which hereafter shall fortune to be arraigned for any Treason mentioned in this Act, all and every such person or persons (or two of them at the least) who shall hereafter write, declare, confess, or depose any thing or things against any person to be arraigned, shall, if living and within this Realm, be brought forth in person before the party arraigned if he require the same, and object and say openly in his hearing what they or any of them can against him for or concerning any the Treasons contained in the Indictment whereupon the party shall be so arraigned, unless the party arraigned for any such Treason shall willingly confess the same at the time of his or their arraignment. 1, 2 P. & M. c. 10. s. 11. (3)

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§ 7.

All trials for treasons shall be

The Statute 1, 2 P. & M. c. 10. s. 7. enacts, that all trials hereafter to be had for any Treason, shall be had and used only according to the due order and course of the Common Laws had according to of this Realm, and not otherwise.

(1) Which Mr. East says, by general words extends to all Treasons.

East P. C. 339. § 104.

(2) See these offences specified under title TREASON, where this Act is inserted at length.

(3) This act includes Petit Treason. East P. C. 339. § 104.

the due course of law.

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