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Felonies by Statute.
for it presently, it is felony, P. Purv. 1. See 23 H.
6. c. 14. here before
tit. Purveyors. ' And quære, if the felony of
such Caterer be not altered
' herein by that Statute. |
Chap. 159. |
§. 21.
Rebels. |
Rebellious and unlawful Assemblies of any Persons,
to the number of
twelve or above, &c. of their Procurers or Relievers, is was Felony
in them
all. |
1 M. c. 12.
P. Fel. 27. |
§. 22.
Rogues. |
Rogues being by the Justices of Peace, at their
Quarter-Sessions, adjudged
incorrigible and dangerous, and therefore by them banished this
Realm; if they shall return again into any part of this Realm without
Licence, it is felony. |
39 El. 43.
Fel. 34. |
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Rogues adjudged (as aforesaid) incorrgible or dangerous,
shall by the
judgment of the same Justices, in their open Sessions of the Peace, be
branded
in the left Shoulder, &c. And after such punishment, if any so
punished
shall offend again in begging or wandring, contrary to the Statute of
36 El. 4. or 1 Jac. 7. it is felony. |
1 Jac. 7.
P. Vag. 4. |
§. 23.
Robbing. |
Robbing in the day time of any Dwelling-house, or
of any Out-house
belonging and used to, and with any Dwelling-house, or a * Barn or Stable,
&c. if it be to the value of five shillings, or above, although no
Person be
therein; or to rob any House by day or by night, any person being therein,
and thereby put in fear; or to rob any person in any part of his Dwelling-place
or House, the Owner or Dweller, his Wife, Children or Servants,
being therein, or in any place within the precinct of the same House
or Dwelling-place, (sleeping or awaking;) or to rob any Booth or Tent
in a Fair or Market, the Owner, his Wife, Children, or any Servant being
there within the same sleeping or waking:) Every of these Offences
are now by Statute made felony, and as penal as Burglary, by the loss of
the benefit of Clergy. But to break a House in the day time, although
he hath a felonious intent, yet if he carrieth away nothing; this is no
felony: For there must be actual felony done, besides the breaking
of
the House in the day. And by the report of Master Dalison, these
* Statutes
shall be strictly construed (in favour of Life) and according to the bare
letter; so that if the Robbery be done by day, and there be in the House
but one Servant only, or be in the House, Booth or Tent; but a Stranger
or Sojourner only, the Fact shall not be adjudged an Offence against these
Statute, Cromp. 118. Co. 11. 36. ' But now by
the * Statute he shall not
' have his Clergy. |
39 El. 35.
* Co. 11.
36.
P. Clergy
13.
5 Ed. 6. 9.
Lam. 405.
23 H. 8. c. 1.
See Co. 11
31, 32, 36.
Stamf. 126.
Lamb. 261.
* 23 H. 8.
c. 1.
5 E. 6. c. 9.
* 39 El. c.
15. |
§. 24.
Servants. |
Servants imbezelling their Masters Goods.
See hereof antea tit.
Theft. |
3 Jac. 4.
P. Recus.
48. |
| Soldiers. |
Soldiers. Scil. If any subject
shall pass out of this Realm, to serve
any Foreign Prince, &c. not having before their passing, taken the
Oath
of Allegiance, &c. before the Officer thereunto appointed, it is felony. |
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If any Gentlemen, or Person of higher Degree, or
any Captain, or other
Officer in Camp, shall pass out of this Realm to serve any Foreign Prince,
&c. or shall voluntarily serve any Foreign Prince, &c. before they
shall
become bound to the Kings Majesty with two Sureties (before the Officer
thereto appointed) with condition to this effect, viz. not to be
reconciled
to the Pope, &c. nor to make or consent unto any Conspiracy against
the
King, &c. but to disclose all Conspiracies upon knowledge thereof,
&c.
it is felony. Ibidem. |
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Soldiers entred of Record, and having taken Prest-mony,
or parcel of
their Wages of their Captain, if they shall not pass the Sea, or go with
their Captain, or being in the Kings Service shall depart without Licence,
it was made felony by the Statute of 18 H. 6. c. 19.
But see Co. 27. that |
18 H. 6. 10.
P. Fel. 23.
P. cap. 3.
Co. 6. 27. |
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