| Chap. 159. |
Felonies by Statute.
this Statute of 18 H. 6. 19. is now of little force, for that
the ancient manner
of retaining of Soldiers, to which this Statute hath reference, is now
altogether changed, &c. And yet if a Soldier who is retained,
or hath
taken any Prest-mony, shall at this day depart out of the Kings Service
without Licence, it is felony by the Statutes 7 H. 1. & 3 H.
8. 5. Which
two last mentioned Statutes are yet in force, and are Acts perpetual.
Co. ib.
And by the said Statute of 3 H. 8. c. 5. such Licence
of departure must be
made by the Kings Lieutenant. |
391 |
| Rast. 50. |
Soldiers, if they shall depart without Licence,
after they have served
in the Kings Wars, it is felony without benefit of Clergy; none but the
Lieutenant shall give a Soldier Licence to depart, 2 Ed. 6. c.
2. Co. 6. 27.
See 4 & 5 Ph. & Ma. c. 3. |
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5 El. 5.
P. Fel. 13. |
If any Mariner or Gunner, having taken Prest-wages
to serve the King
on the Sea, shall not come unto, or shall depart from his Captain, without
Licence, it is felony. Yet Quære, and see the Statute
of 5 El. c. 5. at large,
for that it doth relate to the aforesaid Statute of 18 H. 6. 19.
which (as
appeareth before) is now of little force. |
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| 39 El. 17. |
Soldiers and Mariners, and all idle Persons wandring
as Soldiers and Mariners,
which will not settle themselves to some lawful course of Life, but
shall wander up and down idlely, or beg up and down, it is felony in
them without benefit of Clergy. |
Soldiers. |
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2. So it is if any idle or wandering Soldier
or Mariner, coming from
beyond the Seas, or from the Seas, shall not have a lawful Testimonial
under the Hand of some one Justice of Peace near the place of his
landing, setting down therein the place and time of his landing, and
the place unto which he is to pass, and a convenient time for his passage,
39 Eliz. 17. |
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3. Or having such Testimonial, if they shall
wilfully exceed the time
therein limited above fourteen days, Ibid. |
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4. Or if they shall forge or counterfeit any
such Testimonial; or
shall have any such forged Testimonial, knowing the same to be forged,
&c. Ibid. |
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5. Or being retained into service after his
Arraignment, &c. if he
shall depart within the year without Licence of his Master. In all
these
former Cases, it is felony in such Soldier, &c. without any benefit
of
Clergy. |
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| 39 El. 17. |
' Justices of Peace may hear and determine these
Offences by Soldiers,
' Mariners, and idle Persons wandring, and shall execute the Offenders
' convicted before them, except some Subsidy-man, or honest Freeholder,
' to be allowed by the Justices, will be content, before them, to take
him
' into service for a year, and be bound in a Recognizance of 10 l. to
keep
' him a year, and to bring him to the next Sessions after the year:
And if
' he depart from his service, before the year ended, he shall be indicted,
' tried and judged as a Felon, and not to have his Clergy. |
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And yet see the Statute of 43 El. 3. that
Soldiers and Mariners begging,
or counterfeiting a Certificate from their Captain, shall be adjudged and
punished but as Rogues. See hic antea tit. Rogues. |
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8 El. 3.
P. Fel. 2. |
Transporting or sending any live Sheep out of the
Kings Dominions,
the second Offence is felony. |
§. 25.
Sheep. |
27 E. 3. c.
3. 7. 12.
& 18. |
It was made felony for any Man to carry or to transport
any Wools,
Leather, Woolfels or Lead, out of England or Ireland; but
see other
Statutes since made concerning the same, 38 Ed. 5. cap. 6,
7. & 14 Rich. 2.
cap. 1 & 5. |
§. 26.
Wools. |
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Witches. See Conjuration. |
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