Selected quad for the lemma: lord_n
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A45972
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An act for making the collectors receipts for quit-rent, crown rent, and other rents due to the crown, full and legal discharges for the same, and for limiting their fees thereon ; An act for taking away the benefit of clergy in some cases
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Ireland.
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1697
(1697)
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Wing I307A; ESTC R178576
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5,001
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12
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and every person or persons that shall and at any time from and after the First day of May in the Year of Our Lord One thousand Six hundred Ninety eight Rob any other person or shall Feloniously take away any Goods or Chattles 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 Day time any person being therein or shall Comfort and Abett Assist Counsel Hire or Command any person or persons to Commit any of the said Offences or to break any Dwelling-House Shop or Ware-House thereunto belonging or therewith used in the Day time and Feloniously take away any Money Goods or Chattles of the value of Five Shillings or upwards therein being altho' no person shall be within such Dwelling-House Shop or Ware-House or shall Counsel Hire or Command any person to Commit any Burglary 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 Iuty shall not have the Benefit of his or their Clergy And be it further Enacted by the Authority aforesaid That if any person or persons whatsoever be Indicted of any Offence for which by Vertue of any former Statute he or they are Excluded from having the Benefit of his or their Clergy if he or they had beén thereof Convicted by Verdict or Confession such person and persons if he or they stand Mute or will not Answer â—irectly to the Felony or shall Challenge peremptorily above the Number of Twenty persons returned to be of the Iury or shall be Out-lawed thereupon shall in like manner be Ousted of the Benefit of his or their Clergy as if he had beén Convicted of such Offence by Verdict or Confession And be it further Enacted by the Authority aforesaid That if any person or persons hereafter be Indicted of Felony for Stealing any Goods or Chattle in any County within this Realm of Ireland and thereof be Convicted or Attainted or upon his or their Arraignment shall stand Mute or will not directly Answer to the Indictment or shall Challenge peremptorily above the Number of Twenty persons returned to be of the Iury he or they shall be totally Excluded from having the Benefit of his or their Clergy If it appear upon Evidence or Examination before the Iustices that the said Goods or Chattles were taken by Robbery or Burglary or in any other manner in any other County whereof if such person or persons had beén Convicted by a Iury of the said other County he or they are Excluded by Vertue of this or any other Act from having the Benefit of his or their Clergy And forasmuch as Theives and Robbers are much Encouraged to Commit such Offences because a great Number of persons make it their Trade and business to deal in the buying of stolen Goods Be it therefore Enacted by the Authority aforesaid That if any person or persons shall Buy or Receive any Goods or Chattle that shall be Feloniously taken or stolen from any other person knowing the same to be stolen he or they shall be taken and deémed an Accessary or Accessaries to the Felony after the Fact and shall incur the same Punishment as an Accessary or Accessaries to the Felony after the Felony Committed And whereas it is a frequent practice for Idle and Disorderly persons to Hire Lodgings with an Intent to have an Opportunity to take away Imbezle or Purloin the Goods and Furniture being in such Lodgings Be it therefore Enacted and Declared by the Authority aforesaid That if any person or persons shall take away with an intent to steal imbezle or purloin any Chattle Bedding or Furniture which by Contract or Agreément he or they are to use or shall be Lett to him or them to use in or with such Lodging such taking Imbezling or purloining shall be to all Intents and Purposes taken reputed and adjudged to be Larceny and Felony and the Offender shall suffer as in Case of Felony And whereas by the Laws of this Realm Women Convict of Felony for Stealing of Goods and Chattle of the value of Ten shillings and upwards and for other Felonses where a Man is to have the benefit of his Clergy are to suffer Death Be it therefore Enacted and Declared by the Authority aforesaid That where a Man being Convicted of any Felony for which he may demand the benefit of his Clergy if a Woman be Convicted for the same or like Offence upon her Prayer to have the Benefit of this Statute Iudgment of Death shall not be given against her upon such Conviction or Execution Awarded upon any Outlawry for such Offence but shall suffer the same Punishment as a Man should suffer that has the benefit of his Clergy allowed him in the like Case that is to say shall be Burnd in the Hand by the Goaler in open Court and further be kept in Prison for such time as the Iustices in their Discretion shall think Fit so as the same do not exceéd One Year's Imprisonment And forasmuch as such Men who have once had their Clergy and such Women who shall once have the Benefit of this Statute may happen to be Indicted for an Offence Committed afterwards in some other County Be it therefore Enacted That the Clerk of the Crown Clerk of the Peace or Clerk of the Assizes where such Man or Woman shall be Convicted shall at the request of the Prosecutor or any other in His Majesty's behalf certifie a Transcript Briefly and in few Words containing the effect and Tenor of every Indictment and Conviction of such Man or Woman of his having the benefit of the Clergy or her having the benefit of this Statute and Addition of every such person or persons and the certainty of the Felony and Conviction to the Iudges and Iustices in such other County where such Man or Woman shall be Indicted which Certificate being produced in Court shall be a sufficient Proof that such Man hath before had the benefit of his Clergy and such Woman hath had the Benefit of this Statute And forasmuch as since the late Rebellion in this Kingdom the stealing of Cows Sheép and other Cattle hath beén more frequent then heretofore so as it is become necessary in Order to prevent the Committing Offences of that kind that the Benefit of the Clergy should for some time be taken away from such Offenders Be it Enacted by the Authority aforesaid That if any person or persons shall from and after the said First day of May in the Year of Our Lord One thousand Six hundred Ninety eight Feloniously steal or take away any Cow or Cows Sheép or other Cattle and shall be thereof Convict by Verdict or Confession or shall stand mute and will not Directly answer to the Felony or shall Challenge Peremptorily above the number of Twenty persons or shall be Outlawed thereupon such person or persons if such Offence shall exceéd the Crime of Petty Larceny or the Cattle stolen shall be of greater Value then Twelve pence Sterling shall not be allowed the Benefit of his or their Clergy but be wholly Ousted from the same Provided always That this Act shall continue and be in force as to the stealing of such Cow or Cows Sheép or Cattle for Threé Years next ensuing and no longer FINIS
AN ACT For making the Collectors Receipts For Quit-Rent Crown Rent and other Rents Due to the Crown Full and Legal Discharges for the same and for Limitting their Fees thereon AN ACT For taking away the Benefit of Clergy IN SOME CASES DUBLIN Printed by Andrew Crook Printer to the King 's Most Excellent Majesty on Cork-Hill near Copper-Alley 1697. An ACT for making the Collectors Receipts for Quit-Rent Crown-Rent and other Rents due to the Crown full and legal Discharges for the same and for Limitting their Fees thereon CHAP. XXXI WHEREAS the several and respepective Farmers of the Revenue of this Kingdom since the Restauration of His late Majesty King Charles the Second and the several Commissioners appointed since for the management of the said Revenue have thought fit for several weighty Considerations to Collect and Levy the Quit-Rent Crown-Rent Composition and all other Rents due to the Crown by Collectors by them appointed in the several Districts of this Kingdom which was principally intended for the Ease of the Subject by saving them the Trouble Danger and Expence of sending their Money to Dublin to be there paid into the Treasury And whereas several Scruples have Arisen amongst His Majesty's good Subjects which have made them doubt whether the Acquittances given by such Collectors were or ought to be sufficient Discharges to the Persons who have paid the said Rents against His Majesty in any Prosecution made in His Name in the Court of Exchequer or elsewhere for Levying and Recovering thereof in case the said Collectors who have Received the same have not duly Accounted for such Receipts with His Majesty as in Duty they ought For Remedy whereof Be it Enacted by the King 's Most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled and by the Authority of the same that the several Acquittances already given by the Collectors or Receivers duly Authorized and Appointed to Collect and Receive the said Quit-Rent Crown-Rent Composition-Rent and other Rents As also all Acquittances that hereafter shall be given by any such Collector or Receiver during the time the said Collectors were are or shall be so Employed shall be Good and Valid in Law to all Intents and Purposes against His Majesty His Heirs and Successors And that all such Acquittances so given or hereafter to be given shall be as Good and Effectual to all Intents and Purposes as an Exchequer Acquittance duly Passed and Entred in the several Offices of the Exchequer And be it further Enacted That all and every the Collector and Collectors of the aforesaid Rents shall upon Payment of the same or any part thereof give and perfect to the person so paying the same a full and Clear Receipt or Acquittance for what he shall receive in Parchment under his Hand wherein he shall mention the Summ so by him Received and for what Gales Rent and for what Land and on what Account the same is paid to him And for the Encouragement of the said Collectors to do their Duty therein with all due Regard and Indulgence to the Country And to prevent the Extortions and Oppressions which may be committed by their Bailiffs or Drivers on the Tenants Liable to pay such Quit-Rent Crown-Rent Composition-Rent or other Rent Be it further Enacted by the Authority aforesaid That the said Collectors and every of them may demand and receive the respective Feés hereafter mentioned and no more or other Feé That is to say For every Acquittance they shall give for any of the said Rents for any Summ above Five shillings and not exceéding Twenty shillings the Summ of Six pence and no more and for every Summ above Twenty shillings and not exceéding Five pounds the Summ of One shilling and no more and for every Summ above Five pounds and not exceéding Fifteén pounds the Summ of One shilling Six pence and no more and for every Summ above Fifteén pounds the Summ or Feé of Two shillings and in no case to receive any more for any one Acquittance then Two shillings And whereas several persons stand Charged with or are Oblidged to pay several Rents for several Parcels of their Lands and Tenements the same being Granted under several and distinct Rents to themselves or others under whom they Claim for which formerly several Acquittances used to be given tho' paid at the same times and by the same person for which said several Acquittances distinct Feés have beén paid to the great Charge of the Subject for Remedy whereof Be it further Enacted by the Authority aforesaid That where one person stands Charged with the Payment of several and distinct Summs in respect of several Parcels of their Lands and Tenements or where the same is in Charge in the name of other persons not in possession of such Lands the several Collectors of this Kingdom within their respective Districts shall on Receipt of the said Rents or any part thereof give to the person so in possession as aforesaid and so paying the same One Acquittance for what he shall so pay which Acquittance shall distinctly mention as well the Lands and Tenements as the Rent so paid and for what Gale the same is so paid and by whom for which One Acquittance the said Collectors shall receive no other or greater Feé then as aforesaid And wheras the several Acquittances to be made and given pursuant to this Act may be lost or mislaid to the prejudice of the person therein concerned For prevention whereof Be it further Enacted by the Authority aforesaid That all and every the Collector and Collectors of this Kingdom shall every Year prepare a Book wherein they shall Enter all the Receipts or Acquittances by them given for all and every the aforesaid Rents under their Hands and in the presence of the party paying the same which Receipt the said parties or any other on his behalf may set their Names for every which Entry the said Collectors may demand and receive Two pence over and above the Feés aforesaid which Book the said Collectors and every of them respectively shall Yearly before the Stating of their Accounts return under their Hands and on their Oaths into the Office of the Auditor-General where the same shall remain and be kept not only as a Charge on such Collectors respectively but also as a Discharge to the Subject for all Summs thereby appearing to be paid as aforesaid An ACT for taking away the Benefit of Clergy in some Cases CHAP. XXXII FORASMUCH as divers Wicked and Ill-disposed Persons are Encouraged to Commit Roberies upon Mens Persons and in their Houses and other Offences by the Priviledge as the Law now is of Demanding the Benefit of the Clergy Be it therefore Enacted by the King 's Most Excellent Majesty and by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled and by the Authority of the same That all