| Chap. 189, 190. |
Defence. Clergy.
' imposed by Act of Parliament is quite altered. 2. The
mischiefs intended
' to be remedied go undressed. 3. Many times the Poor,
who
' are by direction of several Acts to have the penalty, are thereof defrauded,
|
523 |
7 Jac. 12. |
How Justices of Peace may defend themselves against Suits.
CHAP. CLXXXIX.
' IF any Action, Bill, Plaint, or Suit upon the Case,
Trespass, Battery,
' or False Imprisonment, shall be brought any where against a Justice
' of peace, &c. for any thing done virtute officij, it shall
be lawful for
' them, or any other that act in their aid, assistance or commandment,
' to plead the General Issue, and to give the special matter in evidence.
' If the Verdict pass for the Defendant, or the Plaintiff be Nonsuit or
' Discontinue, the Judge shall allow double Costs. |
§. 1.
General
Issue. |
| 21 Jac. 12. |
' Which Statute was to continue but for 7 years,
but is made perpetual
' by 21 Jac. 12. and it is thereby enacted, That all Actions upon
' that Statute shall be laid in the proper County where the Fact was
' done; and if upon the Trial the Plaintiff shall not prove the Fact done
' in that County where the Action is laid, the Jury shall find the Defendant
' Not Guilty: and in case of such Verdict, Nonsuit or Discontinuance,
' the Defendant shall have his double Costs. |
Costs.
§. 2.
County. |
|
' A Constable may make a Deputy, and may plead the
General Issue,
' and thereby take benefit of 7 Jac. 5. as was resolved M. 13
Jac. B. R.
' Phillips contra Winchcombe, Moors Rep. p. 845. Bulstr.
part 3. p. 77.
|
Constable. |
|
Clergy. CHAP. CXC.
' WHat Clergy is, with the beginning and use thereof,
see Hobart
' Rep. Searle and Williams case p. 288. |
§. 1.
What. |
|
' By the Common Law one committing Sacriledge shall
not have his
' Clergy: Frustra enim petit auxilium Ecclesiæ, qui peccat
contra Ecclesiam. |
§. 2.
By Common
Law. |
|
' Also for High-Treason no Clergy was allowed at
Common Law,
' 1 Inst. 150. 336. but in all other cases the Offender might; and
some
' say in all Treasons but those against the Kings Person. |
|
|
' By the Common Law every person in Holy Orders
might estsoons
' have had the benefit of the Clergy, and so might others also, as it
' seems by 4 H. 7. 13. But as to all except those in Holy
Orders it is restrained
' to once by that statute: and every person so convicted for
' Murder to be marked with an M. in the brawn of the left Thumb, and
' for other Felony with a T; and those marks to be made by the Gaoler
' in open Court before the Judge. |
§. 3. |
|
' By the Stat. of 28 H. 8. c. 1. persons
in Holy Orders shall be burnt
' in the Hand, and used as others be. See 32 H. 8. c. 3. |
|
|
' And by the Statute of 23 H. 8. 1.
28 H. 8. 1. 32 H. 8. 3. Clergy is taken
' away in these cases: |
§. 4.
Where. |
|
1. ' Persons found guilty after the Laws of
the Land for petit Treason. |
|
| 1 E. 6. 12. |
2. ' For wilful Murder of malice prepensed
or Poisoning. |
|
| 1 E. 6. 12. |
3. ' Or for robbing of Churches or Chapels,
or other Holy Places. |
|
