Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	henry_n	king_n	queen_n	22,548	5	7.7438	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A10218	De pace Regis et regni viz. A treatise declaring vvhich be the great and generall offences of the realme, and the chiefe impediments of the peace of the King and kingdome, as menaces, assaults, batteries, treasons, homicides, and felonies ... and by whome, and what meanes the sayd offences, and the offendors therein are to bee restrained, repressed, or punished. ... Collected out of the reports of the common lawes of this realme, and of the statutes in force, and out of the painfull workes of the reuerend iudges Sir Anthonie Fitzharbert, Sir Robert Brooke, Sir William Stanford, Sir Iames Dyer, Sir Edward Coke, Knights, and other learned writers of our lawes, by Ferdinando Pulton of Lincolnes Inne, Esquier.	Pulton, Ferdinando, 1536-1618.; Fitzherbert, Anthony, Sir, 1470-1538.; England and Wales. Public General Acts. Selections.	1609 (1609)	STC 20495; ESTC S116053	719,079	571

nothing for that they be discharged of their charge and seruices which they did hold by which was as much as they receiued of the tenant perauaile And if they held of the King by lesse rent than their tenant perauaile held of them they shall haue the surplusage of that which was holden of them of the king by the way of petition Fitz. Assise 124. Fitz. Petition 19. And if the king doe not kéepe the land so escheated vnto him in his hands but will assure it to another hée must reuiue the tenure in the Mesne Lord to hold of them of whom it was holden before the attainder It appeareth by the statute of Praerogatiua Regis cap. 12. That the Kings and whole Court of Parliaments meaning was at that time when it was published and established by Parliament which were the Prerogatiues royall annexed to the Crowne of England by the common law That of such lands as did escheat to the King the seruice of the Lord of the fée should be reserued for the words of the Statute bee these viz. St. 17. Ed. 2. 12. The King shall haue escheat of the lands of Normans to whose sée soeuer they belong Sauing the seruice appertayning to the chiefe Lordes of the same Fée And King Henrie the third gaue the Escheates of Normans landes to bee holden of the chiefe Lordes of the Fee by Seruices and Customs due and accustomed thereunto Some of which Normans dwelling in Normandie at that time had lands in England and were subiects to the King of England and did forsake their obedience to the King of England and became subiects to the K. of Fraunce the King of Englands enemie and therby did forfeit those lands which they had in England by the common law and they did escheat to the king 48 In Petit Treason Who shal haue the forf in petit treason and felony and Felony the king shal not haue the escheat of the offendors land vnlesse it be holden immediatly of him but the king shal haue the profits of the said offendors land by the space of a yeare and a day and the land shall be wasted and destroyed in the houses woods and gardeins and in all things belonging to the same and then it shall bee deliuered to the chiefe Lord of the fée of whom the same land is immediatly holden And yet in some cases the King shall haue the forfeiture of the land of him which doth commit Petit Treason or Felonie though the land be holden of others and not of him St. 17. E. 2. 14. as it appeareth by the Statute of Praerogatiua Regis which hath ordained That the king shall haue the escheates of lands of Archbishops and Bishops fréeholders when such tenants be attainted of Felony committed in time of vacation whilest their temporalties were in the Kings hands to bestow in what sort it shall please him Sauing to such Prelats the seruice that to them is due and accustomed And therefore sauing in the cases aforesaid the mesne Lords of whom the lands be immediatly holden shall haue their escheats of their fréeholders lands that haue committed Petit Treason or Felonie which land after the King hath hath had the yere day and wast thereof they must haue deliuered vnto them out of the kings hands by suing out of a writ S. Br. 39. 49 If any stranger The Lords remedy for lands escheated vnto him or other sauing the King doth intrude into that land whereof the felon attainted was seised at the time of the felony committed the immediat Lord of the fée of whom the same land is holden may enter vpon him and put him out or else he may haue his writ of Escheat against him In the which writ he must rehearse the iudgement giuen against the person attainted viz. if he were attainted by outlawrie to alledge Eo quod praedictus A. feloniam fecit pro qua vtlagatus fuit and if he were attainted by abiuration to say Pro qua regnum nostrum abiurauit and if he were attainted by confession or verdict to say Pro qua suspensus fuit and if hee doe alledge one of those iudgements Fitz. Escheat 14. Fitz. Escheat 8. Fitz. Escheat 6. in the stead of another his writ shall abate And yet he néed not rehearse the manner of the felonie in his writ nor in his count but generally that he committed felonie And though there be error in the iudgement yet the Lord shall haue a writ of Escheat and the tenant shall not falsifie the iudgement by the errour 46. E. 3. 4. 50 Island escheat to the auncestor The heirs remedie for land escheated to his auncestor because his tenant was attainted of felonie and the auncestor dyeth before he doth bring his writ of Escheat or doth enter In this case the heire may haue a writ of Escheat and suppose that the partie attainted did hold of his auncestor Fitz. Escheat 17. 51 If a lease of land be made for the terme of life reseruing to the lessor a rent and the lessor payeth his seruices to the chiefe Lord and then the lessor is attainted of felonie Where the Lord shall haue his writ of Escheat and where he may enter and after the tenant for terme of life dyeth In this case the Lord paramount may haue a writ of escheat of the land for the rent which was reserued vpon the lease doth come in stead of the land and so in the consturction of law he died seised of the land But if no rent had béen reserued the Lord might haue entred into the land as escheated vnto him 6. H. 7. 9. but could not haue recouered it by a writ of Escheat no more than if his tenant being disseised had bin attainted of felony in which case his only remedy is to enter The forme of a 〈◊〉 of Escheat 52 This is the forme of the writ of Escheat Rex vicecomiti B. salutem Praecipe A. quod iuste sine dilatione reddat B. decem acras terrae cum pertinentijs in N. quas C de eò tenuit quae ad ipsum B. reuerti debent tanquam Escaeta sua eò quod praedict ' C. feloniam fecit pro qua suspensus fuit vt dicitur Vel pro qua vtlagatus fuit vt dicitur vel pro qua regnum abiurauit vt dicitur Et nisi c. And though the indictment was executed in other maner than is rehearsed in the writ yet the writ shall not abate Register fo 165. as if he were Decapitatus non suspensus for the execution of the iudgement is not material so that he had such a iudgement for the action is true though the writ be not true The K. remedie for land escheated to him 53 In all cases of felony if the king ought to haue the escheat he must haue an office found for him before he can enter for vntill the office found the king hath but a

their churches houses c. for pasturing of cattell or increase of corne for the only expences of their households or for their cariages and iourneyes may take in farme other lands and buy and sell corne and cattell for the only manurance tillage and pasturage of such farmes so that the increase thereof be alwaies imployed to the onely expences in their housholds and not to buy and sell againe for any other commoditie but onely the ouerplus of such corne and cattell aboue the expences of their housholds if any such shall happen to be bred and increased therof without fraud or couin St. 21. H. 8. 13 And for the causes aforesaid by the said statute of An. 21. H. 8. it was moreouer ordained That no spirituall person beneficed with cure Oppression by them in farming of parsonages c. shall haue or occupy by himself or any other to his vse any Parsonage or Vicarage in farme of the lease or graunt of any other person or take any rent or profit out of any such farme vpon pain to forf xl s̄ euery wéeke that he or any to his vse shall occupy any such farme also shall forf ten times the value of such profite or rent which he shall take out of any such farme to the K. I. to be recouered by A.I. P. c. wherein no W.E.P. c. Oppression by kéeping a Tanne-house or Brewhouse And moreouer no spirituall person shall haue vse or kéepe by himselfe or any other to his vse or cōmodity any Tan-house to be occupied to his vse or cōmodity or any Brewhouse to any other intent then only to be spent and occupied in his own house vpon paine to forfeit for euery month so vsing or occupying any of the said misteries x. l. to the K. and I. to be recouered by A.P.I. wherein no W.E.P. c. Oppression by taking of excessiue toll 21 Because complaint was made in parliament that some did oppresse the people by taking excessiue outragious toll in market townes therfore by the stat of West 1. it was enacted St. 3. E. 1. 30. That if any do take outragious toll contrary to the custome of the realme in a market towne which is the K. towne and let to fée farme the K. shal seise the franchise of the market into his owne hands if it be anothers towne that be done by the lord of the towne the K. shal do in like sort and if it be done by a bailife or other mean officer without the cōmandemēt of his lord he shal restore to the plaintife for his outragious taking so much as he hath receiued of him if he hath caried away the toll shal be imprisoned xl daies No oppression shal be done to strangers 22 The gouernors of this realme hauing from time to time a special regard that reciprocall courtesie fauor might be performed to all strangers aliens that did come into this realme to marchandize or to any other good intent and that Ius gentium might be yéelded vnto them haue made many good laws and statutes to protect defend them from oppressions wrongs As K. Henry the third ordained by the stat of Magna Charta St. 9. H. 3. 30 That all marchants if they were not lawfully prohibited before shall haue their safe sure cōduct to depart forth of the realme to come into England to tarry go through England aswel by land as by water to buy or sell without any manner of euill tols according to the ancient lawful custemes sauing in time of warre And if they be of a country in warre with vs they shal be attached without hurt of their bodies or goods vntill it be knowne to vs or our chiefe iustice how the marchants of our land be vsed in that country wherwith we haue war and if our marchāts be wel vsed there theirs shal be so likewise with vs. And by the stat of an 9. E. 3. St. 9. E. 3. 1. St. 25. E. 3 2 it was enacted That all marchant strangers denizens all other the will buy and sel corne wines auer de pois flesh fish all other liuings victual wools clothes all other things vendible frō whence soeuer they come at what place soeuer it be city borough towne port of the sea fayre market or elsewhere within the realme within franchise or without may fréely sel them to what person it shal please thē aswel forreins as denizens in grosse at retaile or by parcels at their wils to all people the will buy the same except to the enemies of the K. and his realme notwithstanding any charter vsage or custome And if any disturbance be done to any marchant stranger or denizen or to any other for the sale of such things in any city borough towne port of the sea or other place which hath franchise the maiors bailifes or other which haue the rule of such franchise being required by such marchants or other thereof to prouide remedy do not thereof be attainted the franchise shal be seised into the K. hands and neuertheles they which haue done such disturbance shal restore to the said marchant his double damages which he hath therby sustained And if such disturbance or interruption be done in such places or townes where no franchise is and the lord if he be present or his baylife constable or other ruler of the said townes and places in the absence of the lord being therein required to doe right and do not thereof be attainted they shal yéeld to the plaintife dammages as aforesaid the disturbers in the one case in the other as well within the Franchises as without if they be attainted shall haue one yéers imprisonment and be ransomed at the kings pleasure No alien or denizen vpon the foresaid paine shal be troubled but he may fréely buy such things aforesaid in the said places carry them where it pleaseth him to his owne vse or to the profit of the king or the realme sauing that such Marchants aliens shall carry no wine out of the same realme St. 6. R. 2. 10 And by the stat of Ann. 6. R. 2. it was established That all aliens being in friendship with the king and the realme comming into any cities or townes within the realme with fish or other victuals and there tarrying returning againe to their owne countries shall be vnder the kings protection and it shall be lawfull to euery of them to cut their fish victuals in pieces by retaile or in grosse to sell the same And by the stat of an̄ 14. St. 14. H. 6. 6 H. 6. it was prouided That if any man disturbe any alien to sell his fish in forme aforesaid he shall forf x. l. to the K. him that will sue And besides the stat of an 31. E. 3. 10. an 7. R. 2. 11. an 11. R. 2. 7.

was then further enacted Who shal take the othe for the Quéenes supreame gogouernment That all and euery Archbishop Bishop and all and euerie other Ecclesiasticall person and other Ecclesiasticall Officer and Minister of what estate dignitie preheminence or degrée soeuer he or they be or shall be and all and euerie temporall Iudge Iustice Maior and other lay and temporall Officer and Minister and euery other person hauing the Quéenes fées or wages within this Realme or any of her Dominions shall make take and receiue a corporall othe vpon the Euangelists before such person or persons as shall please the Quéene her heires or successors to assigne and name to accept and take the same othe And euery person that at any time shal be preferred promoted or collated to any Archbishopricke or Bishopricke or to any other Ecclesiasticall benefice promotion dignitie office or ministrie or that shall be by the Quéene her heirs or successors preferred to any temporall or lay office ministrie or seruice within any her Dominions before he shall take vpon him to receiue vse exercise supplie or occupie any such Archbishopricke Bishopricke promotion dignitie office c. shall receiue the same othe before such persons as shal haue authoritie to admit any such person to any such office c. or else before such person or persons as by the Quéene c. vnder the great Seale shall be assigned to minister the sayd othe And euerie person temporall suing liuerie or Ouster le maine out of the hands of the Quéene her heires or successors before his liuerie or Ouster le maine sued forth and allowed And euerie temporall person doing any homage to the Quéene her heires and successors or that shall bee receiued into seruice with her c. shall take the foresaid corporall othe before the Lord Chancellor or Kéeper of the great Seale or before such person or persons as by the Quéene c. shal be appointed to receiue the same And euery person taking orders and euery other person which shal be preferred to any degrée of learning in any Vniuersitie within this Realme or dominions before he shall receiue such orders or be preferred to such degrée of learning shall take the foresayd othe before his Ordinary Commissary Chancellor or Vicechancellor or their sufficient deputie in the said Vniuersitie And by another stat made an 5. Eliz. it was further enacted St. 5. El. 1. That all other persons which haue taken or shall take orders commonly called Ordines sacros or Ecclesiasticall orders or haue béen or shal be promoted preferred or admitted to any degrée of learning in any Vniuersitie within this Realme or dominions to the same belonging And all Schoolmasters and publique and priuat teachers of children as also all maner of person and persons that haue taken or hereafter shal take any degrée of learning in or at the common laws of this realm as well vtter-barresters benchers readers ancients in any house or houses of court and al principal Treasurers and such as be of the grand companie in euery Inne of Chancerie all Atturneies Prothonotories and Philozers towards the laws of this realme And all manner of Sherifes Escheators and Feodaries and all other person and persons which haue taken or shall take vpon him or them or haue béen or shall be admitteed to any Ministrie or Office in at or belonging to the common law or any other law or lawes of to or for the execution of them or any of them vsed or allowed or at any time hereafter to be vsed or allowed within this Realme or any the Dominions or Countries belonging or which hereafter shall happen to belong to the Crowne or dignitie of the same And all other Officers or Ministers of or towards any Court whatsoeuer and euerie of them shall take and pronounce a corporall othe vpon the Euangelists before hée or they shall bée admitted allowed or suffered to take vpon him or them to vse exercise supply or occupie any such vocation office degrée ministrie roome or seruice as is aforesaid and that in the open Court whereunto hée doth or shall serue and belong And if he or they doe not or shal not serue or belong to any ordinarie or open Court then hée or they shall take and pronounce the othe aforesaid in an opē place before a conuenient assembly to witnesse the same and before such person or persons as haue or shall haue authoritie by common vse or otherwise to admit or call any such person or persons as is aforesaid to any such Vocation Office Ministrie roome or seruice or else before such person or persons as by the Queene her heires or successors by commission vnder the great Seale of England shall be named or assigned to accept and take the same according to the tenor effect and forme hereafter following viz. I A. B. doe vtterly testifie and declare in my conscience The Othe that the Queenes Highnesse is the onely supreame gouernour of this Realme and of all other her Highnesse Dominions and Countries as well in all Spirituall or Ecclesiasticall things or causes as temporall And that no forreine Prince Person Prelate State or Potentate hath or ought to haue any iurisdiction power superioritie preheminence or authoritie Ecclesiasticall or Spirituall within this Realme And therefore I doe vtterly renounce and forsake all forreine iurisdictions powers superiorities and authorities and doe promise that from henceforth I shall beare faith and true allegiance to the Queens Highnesse her heirs lawful successours and to my power shall assist and defend all iurisdictions priuiledges preheminences and authorities graunted or belonging to the Quéenes Highnesse her heires and successors or vnited and annexed to the imperiall Crowne of this Realme So helpe me God and by the contents of this booke And by the foresayd Statute of Anno 5. Elizab. 1. it was further enacted That euerie Archbishop and Bishop within this Realme A Bishop may tender the Othe and the Dominions of the same shall haue authoritie to tender or minister the othe aforesaid to euerie or any Spirituall or Ecclesiasticall person within their proper Diocesse as well in places and iurisdictions exempt as not exempt And that the Lord Chauncelor The L. Chācellor may grant commissions to tender the Othe or Kéeper of the great Seale of England for the time béeing shall and may at all times hereafter by vertue of this Act without further warrant make and direct Commission and Commissions vnder the great Seale of England to any person or persons giuing them thereby authoritie to tender and minister the othe aforesaid to such person or persons as by the foresaid Commission or Commissions the sayd Commissioners shall bée authorised to tender the sayd othe vnto And moreouer it was enacted That if any person or persons appointed or compellable by this Act The penaltie for the first refusall of the Othe or by the foresaid Act made Anno 1. El. 1. to take the sayd othe

Peace of the same Countie where such offendors shall happen to be shall vpon his or their corporall Oath before the Iustices of the Peace in the open Quarter Sessions of the same Countie where such offendors shall then bée or at the Assises and Gaole Deliuerie of the same Countie before the Iustices of the same Assises and Gaole Deliuerie abiure the Realme of England and all other the Quéenes Dominions for euer vnlesse her Maiestie shall licence the parties to returne and thereupon shall depart out of the Realme at such Hauen or Port and within such time as shall in that behalfe be assigned and appointed by the said Iustices before whom such abiuration shal be made vnlesse the same offendor bée letted or staied by such lawfull and reasonable meanes or causes as by the common lawes of this Realme are permitted and allowed in cases of abiuration for felonie And in such cases of let or stay then within such reasonable and conuenient time after as the common law requireh in case of abiuration for felony as is aforesaid And the Iustices of peace before whom any such abiuration shall happen to be made as is aforesaid shall cause the same presently to be entered of Record before them and shall certifie the same to the Iustices of Assises and Gaole deliuerie of the said Countie at the next Assises or Gaole deliuerie to be holden in the same countie And if any such offendor which by the tenour and intent of this act is to be abiured as is aforesaid shall refuse to make such abiuration as is aforesaid or after such abiuration made shal not go to such hauen and within such time as is before appointed from thence depart out of this Realme according to this present act or after such his departure shall returne or come againe into any the Qu. Realmes or Dominions without her speciall licence in that behalfe first had and obtained Then in euery such case the person so offending shal be abiudged a felon and suffer as in case of felonie without benefit of Clergie If any person or persons that shal at any time offend against this act shall before he or they be so warned or required to make abiuration according to the tenour of this act repaire to some parish Church on some sonday or other festiuall day and then and there heare diuine seruice and at Seruice time before the Sermon or reading of the gospel make publike and open submission and declaration of his and their conformity to her Maiesties lawes and statutes as in this act is hereafter declared appointed That then the same offendor shall thereupon be cléerely discharged of and from all the penalties and punishments inflicted or imposed by this act for any of the offences aforesaid Prouided that no Popish Recusant or seme couert shal be compelled to abiure by vertue of this act Prouided also that euery person that shall abiure by force of this act or refuse to abiure being thereunto required as is aforesaid shal forfeit and loose to her Maiestie all his goods and cattels and all his lands tenements and hereditaments during his life only and no longer But his wife shal not loose her dower neither shall his blood bée corrupt S. Felonie by stat 9. 17 By a statute made an̄ 35. El. 2. St 35. El. 2. intituled an act for the restraining of Popish Recusants to some certaine place of abode it is ordained Popish Recusants shall abiure the Realme That Recusants not conforming themselues to the obedience of the lawes of this realme in comming to the Church to heare diuine seruice which shall not vpon the request of two Iustices of peace or Coroner of the same countie abiure the realm and depart for the same and not returne without the Queenes licence shal be adiudged felons and suffer and loose as in case of felonie without benefit of Clergie S. Fel. by St. 10. St. 3. E. 1. 10 18 By the stat of West 1. made an̄ 3. E. 1. it is enacted Abiuration of a Trespasser That he which committeth trespasse in parkes or ponds shall abiure if hee cannot find suretie no more to doe the like offence But that abiuration is not for felonie neither shal he forfeit his lands or goods Pleading not guiltie HAuing made mention of one of the pleas which a prisoner brought to the barre to be arraigned of Treason or Felonie doth plead viz. of the Confession of the offence and shewed how many sorts of Confessions of felonie the law doth take notice of by what meanes she doth procéed against the parties confessing I am now to treat of a second or one other plea that the prisoner vpon his arraignment doth plead in his own defence which is the plea of Not guiltie For when a prisoner by an appeale or an Inditement is charged with treason or felonie he may estrange himselfe from the offence if he will and ioyne the same issue which the defendant oft times doth in an action of trespasse some other personall actions viz. he may plead and take for his issue Not guiltie This plea of not guiltie is the most common and vsual plea Pleading not guilty the most common plea. that he which is arraigned of treason or felonie hath to plead vpon an inditement or an appeale and it is the plea whereunto euery person that is arraigned shall be enforced vnlesse it be in speciall cases viz. where he hath matter of Iustification or matter in Law to plead And this plea of Not guiltie doth tend to the fact that is to the felony and therefore it receiueth great fauour in Law 7. Ed. 4. 15. 4. H. 6. 15 4. H. 7. 5. 10. H. 4. 4. 9. H. 4. 2. for the Law doth allow this plea to him who is arraigned after he hath pleaded in abatement or barre of the appeale or inditement so that his barre doe not comprehend such matter as doth confesse the felonie as a Release of the appellant or the Kings pardō And that plea he shall haue also though one of his pleas were matter in law for though those pleas doe require diuers trials 29. Ed. 3. 91. 22. E. 4. 39. 27. As p. 3 14. Ed. 4. 7 yet in fauour of life hee shall haue both those pleas as well as he shall haue when he doth plead matter triable by the Bishop or by Record viz. and moreouer not guiltie Which pleas he shall haue notwithstanding he doe not conclude moreouer not guiltie that is to say Pleading not guilty after other pleas he shall come time enough to plead not guiltie after the matter triable by the Bishop or by Record is found against him And the manner of pleading in all those cases is to plead his plea and to pray allowance thereof and ouer to the felonie not guiltie Vpon the plea of not guilty no coūcel allowed 2 Vpon this plea of onely not guiltie the partie indited shall not haue coūcell

in any dwelling house or houses or to do or commit any robberie in or néere any highway in the Realme of England or in any other the Quéenes Dominions or to commit or doe any robberie in any place within the Marches of England against Scotland or wilfully to burne any dwelling house or any part therof or any barne then hauing corne or graine in the same then euery such offendor and offendors and euery of them being outlawed of the same or being thereof arraigned and found guiltie by the order of the law or being otherwise lawfully attainted or conuicted of the same offence or being arraigned thereof do stand mute of malice or froward mind or doe challenge peremptorily aboue the number of xx persons or will not answer directly to such offence shall not haue the benefit of his or their clergy Euery Lord and Péere of the realme hauing place and voyce in Parliament vpon euery indictment for any of the offences aforesaid shall bee tryed by his Péeres A man was indicted of the robberie of another in his mansion house P. 2. Eliz. Dyer 183. he being in his house and put in feare And another was indicted for that he did feloniously before the sayd robberie procure and counsell the principall to commit the sayd robberie in which indictment of the accessorie this word malitiously was omitted Malitiously omitted in the indictment for the default of which word this accessorie had his clergie for this word malitiously shall haue relation to all the aforesaid offences of Petit treason murder robberie and burning of houses 30 By the before specified Statute of Anno 1. Ed. 6. St. 1. E. 6. 12 Where a Lord of the Parliament shal haue the benefit of his Clergie among other things it is enacted That in all and euerie case and cases where any of the kings subiects shall and may vpon his praier haue the priuiledge of Clergie as a Clerke conuict that may make purgation in all those cases and euerie of them and also in all and euerie case and cases of felonie wherein the priuiledge or benefit of Clergie is restrained excepted or taken away by this Statute wilfull murder and poysoning of malice prepenced only excepted the Lord and Lords of the Parliament S Br. 24. and Péere and Péers of the Realme hauing place and voice in Parliament shall by vertue of this Act of common grace vpon his or their requests and prayer alledging that he is a Lord or Péere of this Realme claiming the benefit of this Act though he cannot read without burning in the hand losse of inheritance or corruption of his bloud be adiudged déemed taken and vsed for the first time onely to all constructions intents and purposes as a Clerke conuict which may make purgation without any further or other benefit of Clergie to any such Lord or Péer from thenceforth at any time after for any cause to be allowed adiudged or admitted Any law custome statute or other thing to the contrarie notwithstanding By this Statute a Lord of the Parliament shall haue the priuiledge of his Clergie where a common person shall not viz. for the breaking of a house by day or night or for robbing of any in the highway and in all other cases excepted in the sayd statute of Anno 1. Ed. 6. sauing in wilfull murder and poysoning But in all other cases wherein Clergie is taken away by any statute made sithence the sayd statute of Anno 1. Ed. 6. he is in the same degrée that a common and inferiour person is But the Court will not giue him the benefit of this statute if he doth not require it If a Lord of the Parliament doth confesse his offence vpon his arraignment or doth abiure or is outlawed for felony it séemeth that in these cases he may haue the benefit of this statute viz. his Clergie for that by the Statute of 18. Elizab. 6. hée nor any other need to make his purgation but shall bée forthwith deliuered out of prison by the Iustices sed quaere 31 In all the foresaid cases of wilfull murder breaking of houses The indictment must beē according to the statute robbing in or néere the highway buggerie stabbing and such like where a man is put out of his Clergie by statute it is necessarie that in the indictment mention should he made of the offence in such manner as the same offence is expressed in the statute P. 9. Eliz. Dyer 261. or otherwise the offendor shall haue his Clergie for if the indictment be onely murdrauit without adding ex malitia praecogitata the partie meant to be indicted of wilfull murder shall haue his Clergie and so of all the residue for his attainder or conuiction is vpon the matter contained in the appeale or indictment and if in the appeale or indictment no matter is contained which doth put him out of his Clergie then it cannot be sayd that hée is attaint or conuict of any matter contained in the Statute which should cause him to loose the benefit thereof And the Iudge is to haue speciall regard and consideration when those words be put into the indictment that they which do giue euidence do proue the same words well and substantially The words of the indictment to be proued as well as the principall fact and if they doe not the Iudge is to admonish the Iurie thereof viz. that there is no proofe of those words by the euidence and that therefore they are not bound to find them if they doe not know them of their owne knowledge Or otherwise for default of good examination the life and lands of any man may be lost by the malice of another which will put false words in an indictment that cannot be proued by euidence When Clergy shal be demanded 32 By the auntient law of the Realme if a Clerke of any order or dignitie had béene taken for the death of a man or other felonie or offence and imprisoned and the Ordinarie had demaunded him Bracton the temporall Iudge ought to haue deliuered him presently to the Ordinarie his Officiall or to some other by his warrant without inquiring of him viz. before his indictment Not to the intent that the Ordinarie should set him at libertie but kéepe him in prison vntill the offendor were purged of his cryme For it was then holden for law that the King could not kéepe him in prison whom hée could not iudge neither could hée disgrade any of his Clergie because hée could not admit any to his Clergie But because the Statute of Westminst 1. St. W. 3. E. 1 doth ordaine That they which bée indicted of Felonie in the Kings Court by the solemne othe of lawfull witnesses shall bée deliuered to the Ordinarie vpon his request according to the priuiledge of holy Church but yet in no manner without due purgation Fitz. Cor. 233. 386. 417. M. 40. E. 3 42. Therefore they that came after this Statute chaunged