persons which after 1 March next coming shall be arraigned or found guilty upon his or their Arraignment, or shall confess the same, or stand mute in form aforesaid, or will not answer directly in form aforesaid, shall have and enjoy the Privilege and benefit of his or their Clergy, the Liberty and Privilege of Sanctuary, in like manner and form as he or they ought or should have done before the 24 April in the First Year of the Reign of King Henry the Eighth. (1) § 4. bing another in Offenders rob of clergy. The Statute 5, 6 Edw. 6. c. 9. s. 2. reciting the Statute 23 H. 8. c. 1. (which was made perpetual by Statute 32 H. 8. c. 3.), and that since the making thereof it had been doubted dwelling houses, or the precincts whether if such Robberies and Felonies had been committed in thereof, whether Dwelling-houses, the Owner or Dweller in the same House, his be waking or the owner, &c. Wife, his Children or Servants, being put in fear, the Offender sleeping, ousted should lose the Benefit of their Clergy, unless the same Robbery or Felony were committed in the very Chamber, House, or Place where the Owner or Dweller in the same House, his Wife, Children or Servants, should happen to be or lie at the time of such Robbery and Felony committed, although the Owner, &c. at the time of such Robbery and Felony committed were or lay in other Place within the Precinct of the same Dwelling-houses nigh unto the House or Place where such Robbery and Felony be done, or if it happen that the Owner, &c. to be asleep at the time of such Robbery and Felony committed, although the same Robbery were done in the Chamber or Place where the Owner, &c. then lay, the Offenders being found guilty thereof, should not lose the Benefit of his Clergy; enacts and declares (s. 4.), that if it happen any person or persons to be found guilty, according to the Laws of this Realm, for robbing of any person after the First Day of May next ensuing, in any part or parcel of their Dwelling-houses or Dwelling-places, the Owner or Dweller in the same House, or his Wife, his Children, or Servants, being then within the same House or Place where it shall happen the same Robbery and Felony to be committed, or in any other Place within the Precinct of the same House or Dwelling place; such Offenders shall in no wise be admitted to his Clergy, whether the Owner or Dweller in the same House, his Wife or Children then and there being, shall be waking or sleeping. The Statute 39 Eliz. c. 15. reciting (s. 1.) that whereas of late § 5. Years persons understanding that the penalty of the robbing of Persons stealing (1) See title CLERGY, BENEFIT OF, $ 2. money or goods in a dwelling house, &c. in the amount of 5s. barred the bene- 2 Hawk. P. C. 33. Kelyng, 31. 4 Co. 40. Houses in the Day-time (no person being in the House at the day time, to the time of the Robbery) is not so penal as to commit or do a Robbery in any House, any person being therein at the time of the Robbery; which hath emboldened persons to watch their opportunity to commit heinous Robberies in breaking and entering persons Houses, and especially of the poorer sort of People, who by reason of their poverty are not able to keep any Servant, or otherwise to leave any body to look to their House when Cro. Car. 473. they go abroad to hear Divine Service, or from home to follow their labour to get their living; enacts (s. 2.), that if any person or persons shall be found guilty and convicted by verdict, con fession, or otherwise, according to the Laws of this Realm for the felonious taking away in the Day-time of any Money, Goods, or Chattel, being of the Value of Five Shillings or upwards, in any Dwelling House or Houses, or any part thereof, or any Outhouse or Outhouses belonging and used to and with any Dwelling House or Houses, although no person shall be in the said House or Outhouses at the time of such Felony committed, then such person and persons shall not be admitted to the Benefit of his or their Clergy, but shall be utterly excluded thereof. § 6. Offenders rob bing any dwelling house in the daytime, whether any one be or be not within, or standing mute, &c. or aiding, counselling, &c. All and every person and persons that shall at any time hereafter feloniously take away any Goods or Chattels, being in any Dwelling House, the Owner or any other person being therein and put in fear, or shall rob any Dwelling House in the Daytime, any person being therein, or shall comfort, aid, abet, assist, counsel, hire, or command any person or persons to commit therein, or chal- any of the said Offences, or to break any Dwelling House, lenging above 20, Shop, or Warehouse, thereunto belonging, or therewith used, ousted of clergy in the Day-time, and feloniously take away any Money, Goods, or Chattel of the value of Five Shillings or upwards, therein being, although no person shall be within such Dwelling House, Shop, or Warehouse, being thereof convicted or attainted, or being indicted thereof, shall stand mute, or will not directly answer to the Indictment, or shall peremptorily challenge above the number 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. 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. § 7. Persons stealing Forasmuch as divers wicked and ill-disposed Servants and other persons are encouraged to commit Robberies in Houses 40s. in any dwel- by the privilege, as the Law now is, of demanding the Benefit to the value of every ling house, or outhouse thereto after belonging, shall of their Clergy; be it therefore enacted, that all and st. 1. c. 7. Nothing in this Act shall extend to Apprentices under the age of Fifteen Years who shall rob their Masters as aforesaid. s. 2. II. Larceny and Robbery in Churches, Chapels, or other No person nor persons which hereafter shall happen to be found guilty after the Laws of this Land for any manner of Petit Treason, or for any wilful Murder of malice prepensed, or for robbing of any Churches, Chapels, or other Holy Places, or for robbing of any person or persons in their Dwellinghouses or Dwelling place, the owner or dweller in the same House, his wife, his children or servants then being within, and put in fear and dread by the same, or for robbing of any person or persons in or near about the Highways, or for wilful burning of any Dwelling houses or Barns wherein any Grain of Corns shall happen to be, nor any person or persons being found guilty of any abetment, procurement, helping, maintaining, or counselling of or to any such Petit Treasons, Murders, or Felonies, 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 the causes or offences aforesaid if they were no Clerks; such as be within holy orders, that is to say, of the orders of subdeacon or above, only except. 23 H. 8. c. 1. s. 3. This Statute is made perpetual by the Statute 32 H.8. c. 3. s. 7. lose their clergy. $2. Such offenders standing mute, &c. ousted of clergy. § 3. $1. Persons robbing booths or tents in markets or fairs, declared guilty of felony, without clergy, The Statute 25 H. 8. c. 3. (for the preamble to which see division I. s. 2. of this Title) enacts (s. 2.) that every person and persons that is or hereafter shall be indicted of Petit Treason, wilful burning of Houses, Murther, Robbery, or Burglary, or other Felony, according to the tenor and meaning of the same Statute, (23 H. 8. c. 1.) 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 according to the Laws of the Land. This Statute is also made perpetual by 32 H. 8. c 3. s. 7. The Statute 1 Ed. 6. c. 12. s. 10. enacts, that no person or persons that at any time hereafter shall be in due form of the Laws attainted or convicted of felonious taking of any Goods out of any Parish Church, or other Church or Chapel, 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. III. Larceny and Robbery in Booths or Tents in any Fair or The preamble to the Statute 5, 6 Ed. 6. c. 9. recites (s.3.) that it hath been in question and doubted, that if such Robberies and Felonies [as described in the Statute 23 H. 8. c. 1. which see under divisions I. and II. of this title] happen to be committed and done in any Booth or Booths, Tent or Tents, in any Fair or Market, the Owner of the same, his Wife, Children, or Servants happening to be within the same at the time of the committing of such Felonies, and put in Fear and Dread, the Offenders therein being found Guilty after the Laws of this Realm, should not lose the benefit of their Clergy; and then (1) Many different offences are specified in this Statute, for which see the several divisions under this title.. (by s. 5.) for the true declaration and explanation of the same doubts or questions before recited, enacts, that no person or persons which after the said first day of May (1), shall happen to be found guilty after the Laws of this Realm of or for Robbing any person or persons in any Booth or Tent in any Fair or Market, the Owner, his Wife, his Children, or Servants or Servant, then being within the same Booth or Tent, shall not 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 is mentioned in the said Statute [23 H. 8. c. 1.] for Robberies and Felonies committed and done in Dwelling Houses and Dwelling Places, the Owner or Dweller in the same, his Wife, Children, or Servants, then being within the same, and put in Fear and Dread, without having any respect or consideration whether the Owner or Dweller in such Booths and Tents, his Wife, Children, or Servants, being in the same Booths or Tents at the time of such Robberies and Felonies committed, shall be sleeping or waking. IV. Robbery from the Person in or near the Highway or elsewhere. 1. Offenders committing robbery in or near the highway, shall not be allowed 3 Inst. 64. 67. The Statute 23 H. 8. c. 1. (s. 3.) enacts, that no person nor persons which hereafter shall happen to be found guilty after the Laws of this Land, for robbing of any person or persons in or near about the Highways, nor any person or persons being found guilty of any Abetment, Procurement, helping, maintain- their clergy. ing, or counselling of or to any such Felonies (2), shall from 115. henceforth be admitted to the benefit of his or their Clergy, but Kel. 67-69. utterly be excluded thereof, and suffer death in such manner and form as they should have done for any the causes or offences above said (2), 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. Dyer, f. 224. 11 Co. 29. I Bulstr. 112. § 2. Extending to such persons This Statute is made perpetual by Stat. 32 H. 8. c. 3. s. 7. The Statute 25 H. 8. c. 3. s. 1. (for the preamble to which see this title Division I. § 2.) recites the Stat. 23 H. 8. c. 1. and then by s. 2. enacts, that every person and persons that is or standing mute, hereafter shall be indicted of Petit Treason, wilful burning of &c. (1) Next ensuing, which are the words mentioned in the fourth section, which see Division I. s. 4. of this title. (2) Many different offences are specified, which see under the appropriate divisions of this title. |