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word_n	day_n	keep_v	sabbath_n	8,292	5	9.9626	5	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A16313	A iustice of peace for Ireland consisting of two bookes: the first declaring th'exercise of that office by one or more iustices of peace out of sessions. The second setting forth the forme of proceeding in sessions, and the matters to be enquired of, and handled therein. Composed by Sir Richard Bolton Knight, Chief Baron of his Majesties Court of Exchequer in Ireland. Whereunto are added many presidents of indictments of treasons, felonies, misprisions, præmunires, and finable offences of force, fraud, omission, and other misdemeanors of severall sorts, more then ever heretofore have beene published in print.	Bolton, Richard, Sir, 1570?-1648.	1638 (1638)	STC 3223; ESTC S107128	601,677	634

offence 3.l 6 s 8.d 28. H. 8. ca. 15. in Ireland 23. Incumbents not keeping Schooles in their parishes to teach English 23 To forfeite for the first time 6 s 8.d for the second 20 s and for the third time to loose their benefices 28. H. 8. ca. 15. in Ireland Fourthly Other abuses and enormities viz.     1. Prophaning of the Sabbath by keeping Faires and markets by manuall labour by playes and haunting Tavernes and Ale-houses upon the Sabbath day 1 Imprisonment and to bee bound to the good behaviour 2. Keeping of Fayres or Markets in Churches or Church-yards 2 Fyne and imprisonment 13. E. 1. Statute de Winton 3. Depraving the booke of Common prayer by words or by writing or using any other common prayer or administration of Sacraments then is prescribed in that booke 3 For the first offence the profits of all the offendors spirituall promotions and six months imprisonment for the second offence deprivation a yeares imprisonmēt for the third time imprisonment during life and deprivation in spiritual persons For lay persons for the first offence a yeares imprisonment for the second offence imprisonment during life 2. El. ca. 2. in Ireland 4. Disturbing the Minister in execution of his function according to that booke 4 To forfeit for the first offence 100. markes or six months imprisonment For the second offence 400. markes or 12. months imprisonment For the third offence all his goods and chattels and imprisonment during life 2. El. ca. 2. in Ireland 5. Cursing and swearing 5 For every time 12. d. 10. Caroli cap. 1. in Ireland 6. Common turbulent drunkards 6 Imprisonment Fyne and bonds for the good behaviour 7. Common Adulterers 7 Imprisonment and bonds for the good behaviour 8. Keepers of common Baudie-houses and such as frequent them 8 Imprisonment Fyne and Bonds for the good behaviour 9. Keepers of common gaming houses and common gamesters 9 Imprisonment Fyne and Bonds for the good behaviour 10. Alehouse-keepers that keepe misorder in their houses 10 Imprisonment Fyne and Bonds of the good behaviour 11. The killing of yong Spawne and Frie of Samon and Eeles 11 Forfeiture of 40 s and of the Nets and Engines 10. Caroli ca. 14. in Ireland 12. The taking away of yong women under the age of sixteene yeares or marrying of them without the consent of their parents or Tutors 12 Imprisonment by the space of two yeares and if the offendor shall marry her imprisonment by the space of five yeares 10. Caroli ca. 17. in Ireland 13. Plowing by the Taile and pulling the wooll off living sheepe 13 Fyne and imprisonment 11. Caroli ca. 15. in Ireland 14. Burning of Corne in the Straw 14 Fyne and imprisonment 11. Car. ca. 17. in Ireland 15. Coshering and idle wandring 15 Imprisonment and bonds of loyaltie or of the good behaviour at the discretion of the Iustices of Peace 11. Caroli ca. 16. in Ireland 16. Selling of Wine Ale or any other liquor within any Citty or Towne Franchised by measures not sealed 16 Forfeiture 10 s 28. H. 6. ca. 3. in Ireland 17. Wearing of Irish apparell and not using the English habite and language 17 For every Lord Spirituall and Temporall 6.l 13 s 4.d For every Knight and Squire 40 s For every Gentleman or Merchant 20 s For every Freeholder and yeoman 10 s For every Husbandman 6 s 8.d And for all others 3 s 4.d for every offence 28. H. 8. cap. 15. in Ireland 18. Leasing of Corne in harvest by such as are able to labour and permitting of it by the owners 18 For every time offending to loose the Corne and to forfeit 12.d and the owner of the field that willingly shall suffer such leazers to forfeit for every time 12.d 28. H. 8. ca. 24. in Ireland 19. Such as keepe Inmates in harvest that leaze Corne. 19 Forfeiture 6 s 8.d 28. H. 8. ca. 24. in Ireland 20. The rescuing of Swine kept upon any Strand where the Sea doth ebbe and flow from him that shall sease upon them as forfeit 20 Fyne and imprisonment 11. El. ca. 3. in Ireland 21. Laying of Hempe Flax or lymed Hydes in any fresh river 21 Forfeiture of the Hempe Flax Hydes or the treble value of the same 11. El. ca. 5. in Ireland 22. Stopping or straightning of any common way 22 Fyne and imprisonment 23. Stopping or diverting of any water-course whereby any common way or passage is annoyed 23 Fyne and imprisonment 24. Casting of dung or any other thing into any common street or way which doth in any sort annoy the passage 24 Fyne and imprisonment 25. The buying of Hydes Fels Chequers Flegs Yarne Linnen cloath wooll and Flocks by Gray Merchants to sell againe in any other place but in Market or Fayre 25 To be punished as a Forestaller vide supra Forestaller 33. H. 8. ca. 2. in Ireland 26. Sheriffes letting their Bailiwickes to Farme 26 Forfeiture 40.l 23. H. 6. ca. 10. 27. Sheriffes refusing to let men to baile that are baileable 27 To forfeit 40.l to the King and treble damage to the party 23. H. 6. ca. 10. 28. Sheriffes levying Fynes or amerciaments by reason of any indictment or presentment in his Turne Court without processe from the Iustices of peace or that have not brought in such presentments or indictments to the next generall Sessions of the Peace 28 To forfeit 40.l 1. E. 4. ca. 2. 29. Undersheriffes Bailiffes of liberties and others that take upon them to returne panels or Talles or medle with the execution of processe before they take the oath for the true execution of their offices according to the statute of 10. Caroli 29 To be fined to the King in 40.l and pay treble damages to the party grieved 10. Caroli ca. 18. in Ireland 30. Undersheriffes Bailiffes and others that doe any thing contrary to the said oath 30 Fyne to the King 40.l treble damages to the party grieved 10. Carol. ca. 18. in Ireland 31. Purveyors that take any thing of the value of 40 s or under without making ready payment 31 To forfeit the value to the partie and loose his office 2. H. 4. ca. 14. 32. Artificers Labourers or lay men that have not lands worth 40. s. per annum nor priests that have not 10.l per annum that shal keep any Greyhound or other Dog to hunt or use any Ferrets Nets or other Engines to kill Deere Hares or Conyes 32 A yeares imprisonment 13. R. 2. ca. 13. 33. Constables that have not given assistance to the owners of goods to resist Purveyors that take goods under the value of 40 s without paying for the same and any of the Kings officers that have procured any to be arrested or vexed for such resistance 33 Forfeit of 20.l by the officer of the King and the Constable the value of the thing and double damage to the party 20. H. 6. ca. 8. 34. If any man have raised Huy and Cry without cause or being raised upon good cause

arraigned and condemned for Burglary before Sir Iames Altham Knight for robbing a Backhouse of Robert Castle Esquire in the night Dalton pag. 293. which Backhouse was some eight or nine yards distant from his dwelling house and only a pale reaching betweene them so that though this offence be not committed in the very body of the dwelling house but in some other house neere unto it and being parcell of or belonging to the dwelling house it is Burglary 17. But a Booth or Tent in a Faire or market are not esteemed in Law for dwelling houses Co. 11. 37. nor the breaking thereof in the night time to be Burglary although the robbing of them bee made as penall as Burglarie if the owner his wife children or servants were within the same 18. Lastly 23. Ass 95. Stamf. 126. Co. 11. 31. to make it Burglary the purpose and intent for which the offend our commeth must of necessity be to kill or rob some person or to commit some other felony otherwise it is neither burglary nor felonie 13. H. 7. 4. F. Coro 267. And therefore to breake a house in the night to the intent to kill any person therein it is Burglary although hee never touch him So it is if the purpose were to rob F Cor. 185. 264. although the offendor taketh away nothing 19. Stamf. 30. co 11. 31. But if a man breake and enter an house by night of purpose onely to beat a man that is but trespasse 20. And if the intent were to commit a Rape it is Burglary for Rape by the Common Law was felony Stamf. 21. c. 22 23. although some doubt have beene made thereof for it appeareth by Maister Bracton Glanvill and Stamford that by the ancient Common Law it was felony the words of Maister Bracton lib. 2. are thus Olim quidem corruptores virginitatis castitatis suspendebantur c. modernis tamen temporibus aliter observatur qui pro corruptione virginis amittuntur membra c. And a litle after Adelstanus raptus mulierum nè fiat defendit tam lex humana quam divina Et sic fuit antiquitus observatum quod si quis obviaverit solam cum pace dimittat eam c. Si autem contra voluntatem suam c. jactat eam ad terram forisfacit gratiam suam c. Felony Quod si concubucrit cum ea de vita membris suis incurrat damnum c. And with this Maister Glanvill also agreeth fol. 112. Also amongst the lawes of Saint Edmond sometimes King of England you shall find this law Qui cum Nunna vel sanctimoniali fornicetur emendetur sicut homicida à multo fortiori then saith Maister Stamford shall he be punished if he had ravished her So as Rape at the first saith Stamford West 2. 34. P. Rapo 1. was grievously punished untill the time of King Edward the first who seemed to mitigate the paine thereof by the statute of West 1. ca. 13. which gave two yeares imprisonment and fyne but spying the mischiefes ensuing upon the said law at his next Parliament holden at West called West 2. ca. 34. he made the offence of Rape to be felony againe Br. Coron 204. 21. Note also by Britton f. 17. Cromp. 33. See Plo. 19. 2. it is not Burglary in an Infant under 14. yeares of age nor in poore persons that upon hunger shall enter a house for victuall under the value of 12.d Nor in naturall fooles or other persons that bee Non compos mentis but the case of poore entring for victuall at this day may as I conceive admit this difference that is where a poore body that is ready to starve with hunger breaketh into a house and taketh no more than to satisfie his present hunger for the safegard of his life this is neither Burglary nor Felony for all Lawes as well the Lawes of God as of men in many cases are dispenced withall by unevitable necessity as appeareth in Maister Plowdens Commentaries fo 19. but if he that so entreth taketh away more than might suffice to satisfie his hunger for that time I conceive that he is guilty of Burglary Other Felonies by the Common Law as Burning houses c. CHAP. 17. 21. H. 7. 1. Co. 4. 10. 1. BUrning of a Barne which is adjoyning or neere to a dwelling house in the night feloniously is felony by the Common Law 2. So is it to burne a Barne in the day time having Corne in it though it adjoyne not to the dwelling house 3. H. 7. 10. 1. Co. ●1 ●9 Stamf. 36. 3. Burning of any dwelling house or other house parcell thereof willingly and feloniously done is felony by the Common Law whether it be done by night or by day 4. Burning of any other house or of a stack of Corne feloniously Stamf. 36. seemeth also to be felony by the Common Law for the words of the statute of West 1. ca. 15. which statute seemeth to be but a rehersall of the Common Law Br. Mainp 78. ordaineth that such as bee taken for burning generally feloniously done be not bailed and of that opinion seemeth Maister Britton 13. H 8. ca. 1. in Ireland who wrote presently after the making of the same statute to be Britton fol. 16. See Stat. Winchester 13. Ed. 1. ca. 1. 18. Ed. 1. ca. 17. but all these cases by a statute in Ireland are Treason 5. If an Indictor or Iuror in case of Treason or felony shall discover the Kings Councell and his fellowes it hath been adjudged felony in times past but as the Law is now taken it is a misdemeanor onely Resco●● 1. H 7. 6. Br. Coron 127 130. Stamf 31. b. E●cape 9 H ● Dalton pag. 24● Breaking of pr●son Stamf. 30. 31. See the stat 1. Ed. 2. P. ●rison 5. 6. Rescuing or taking away from an officer any offendour who is attainted imprisoned or but arrested for felony is felony as well in him that made the Rescous as in him that is rescued 7. Also when a man hath arrested another for felony and after letteth him goe at liberty this is a wilfull escape and shall be adjudged felony in him that did so let him escape And in case of Treason such escape is Treason per Stamf. fo 32. 1. H. 6. 6. 8. Breaking of prison before the statute de frangentibus prisonam made 1. Edw. 2. was felony by the Common Law for what cause soever he were in prison yea though he had beene imprisoned but for a Trespasse But now that stat hath changed the common Law therein so that now if a man be arrested or taken for a Trespasse and doe make an escape or be rescued by a stranger this is but fineable at this day Robberie CHAP. 18. 1. THeft is the taking away of another mans goods with an intent to steale them against the will or without the knowledge of him whose goods they are and

Ed. 2. P. Leete 1. 20. All these former offendors and the like are evill members in the common wealth and such their demeanor and living is greatly to be suspected and besides doe seeme to be more properly said against the peace of the land then Avowtrey in the case before 1. H. 7. 7. and therefore it seemeth reasonable just and expedient that the Iustices of peace upon their discretion should convent such persons before them and their courses of life and if they cannot yeild a good reason and accompt of such their courses then to bind them to their good behaviour 21. Also the good behaviour seemeth grantable against such as shall make false outcries or shall raise Huy and Cryes without cause for these are disturbances of the peace Cromp. 179. 22. If two men doe levie Huy and Cry one upon another without cause both of them may be attached and bound over as disturbers of the peace P. R. 156. 23. Also Cheators and Cozoners may be bound to the good behaviour See Co. 5. 125. P. R. 12. 24. Libellers it seemeth may also be bound to their good behaviour as disturbers of the peace whether they be the contrivers the procurers or the publishers of the libell for such libelling and defamation tendeth to the raising of quarrels and effusion of blood and are specially occasions and meanes tending and inciting greatly to the breach of the peace 25. Also it seemeth grantable against unlawfull hunters in parks after their examination taken vide antea tit Hunting 26. Also it shall be granted against him that shall abuse a Iustice of peace Constable or other officer of the peace in executing of their office 9. El. 43. 27. A Iustice of peace seeth a man breake the peace sc to make an assault or affray upon A. and he chargeth him to keepe the peace and the other answereth that he will not the Iustice of peace may bind him to the good behaviour See Exod. 22.28 28. For if as one saith contempt or contumelie used to the person of a mans better neither policie for example nor religion for peace may tolerate much lesse to use contempt towards or to abuse such as are in authority especially when they are in executing their office 29. Nay it seemeth that he which shall use words of contempt or contra bonos more 's against a Iustice of peace though it be not at such time as he is executing his office yet hee shall be bound to his good behaviour 30. If a Citizen or free man of a Citty Co. 11. 98. or Towne corporate shall use words of contempt or contra bonos more 's against the chiefe officer of the City or Towne or his brethren they are good causes to commit him to prison untill he shall finde sureties for his good behaviour for obedience and reverence ought to be yeelded to the magistrate for that they derive their authority from the King 31. Also he that shall abuse a Iustice of peace his warrant may be bound to his good behaviour 32. A man complaineth of a Riot or a forceible Entry so that the Iustices of peace are assembled to enquire therof and then the party that complained will not prosecute the matter it seemeth the said Iustices of peace may bind him to his good behaviour for his deluding them 33. And so of such as shall charge another with felonie before a Iust of Peace and yet will not give Evidence c. 34. A. is bound to keepe the peace against B. only Cromp. 134. and getteth a supersedeas and after B. releaseth him after A. is arrested for suretie for the peace at another mans suit and sheweth this first supersedeas it seemeth he shall be bound to his good behaviour for this deceit 35. He that hath a pardon for any felony 10. Ed 3. P. pardon 5. shall finde surety for his good behaviour but he shall bee bound before the Sheriffe and Coroners who shall returne the same into the Chancerie 36. Also he that is acquitted of felonie if he be of evill fame or of evill behaviour it seemeth the Iustices of peace upon their discretion may bind him to his good behaviour 37. The forme of a warrant for the good behaviour vide postea tit Warrants 38. The forme of the Recog for the good behaviour vide postea tit Recognisance 39. Whether the suretie of the good behaviour taken upon complaint may be released by any speciall person some do doubt it Release Lamb. 126. because it seemeth more popular then the suretie of the peace yet others doe hold that it may be released either by the Iustice of peace himselfe that tooke it in discretion P.R. 2● or by the party upon whose complaint it was granted even as that for the peace may 40. It seemeth also a Supersedeas Supersedeas of the good behaviour may bee granted by the Iustices of peace as well as for the peace mutatis mutandis upon good sureties taken by the said Iustices of the party to be of the good behaviour Cromp. 237. 41. Cromp. 146. If a man be bound to the good behaviour before Iustices of peace and to appeare at the next Assises or Sessions yet the party bound may by a Certiorari Certiorari remove the Recognisance into the Chancerie or Kings Bench before the day and then he shall not need to appeare at the Assises or Sessions for they have no record whereupon he may be called there Swearing and Cursing CHAP. 64. 1. FOrasmuch as all prophane swearing and cursing is forbidden by the Word of God 10. Caroli ca. 1. in Ireland it is enacted by Parliament in anno 10. Caroli ca. 1. that no person or persons shall prophanely sweare or curse and that every person or persons that shall at any time or times offend herein either in the hearing of a Iustice of peace bailiffe or any other head officer of any Citty or Towne corporate where such offence is or shall be committed or shall be thereof convicted by the oathes of two witnesses or by confession of the party before any Iustice of Peace of the County or head officer or Iustice of Peace in the Citty or towne corporate where such offence is or shall be committed to which end every Iustice of peace and every such head officer have power by that Act to minister the same oath that then every such offendour shall for every time so offending forfeit and pay to the use of the poore of that parish where the same offence is or shall bee committed the summe of Twelve pence and it shall also be lawfull for the Constables and Church-wardens or any one of them by warrant from such Iustice of peace or head officer to levie the same summe or summes of money by distresse and sale of the offendours goods rendring to the party the overplus and in defect of such distresse the offendor if he or she be above the age of

Kings writ issuing sometimes out of the Chancery and sometimes out of the Kings Bench and may be directed to any Court of Record or officer of Record as to a Iustice of peace Sheriffe Coroner or Escheator to be certified of any Record which is before any of them and first an alias then a pluries and lastly an attachment lyeth against them that should send it if the Record be not certified accordingly or it seemeth a sub poena is used at this day If it be returneable into the Chancery then are the words in Cancellaria nostra and if into the Kings Bench then the words are coram nobis ubicunque c. mittatis The Certiorari may be sometimes to remove Fitz. Na. Br. fo 245. and send up the Record it selfe and sometimes but onely the Tenor of the Record as the words therein be and it must be obeyed accordingly If there be variance betweene the Certiorari Plo. 393. and the Record which is to be removed the Iustices need not to certifie such Record A Iustice of peace may deliver Crompton fo 132. a. and 133. b. or send into the Kings Bench an endictment found before him or a Recognisance of the peace taken by him or a force recorded by him without any Certiorari but if a Iustice of peace having a Record with him be discharged of his office now he cannot certifie it without a Certiorari although he be made a Iustice of the peace againe See 8. H. 4. fo 5. Br. Record 64. If a Certiorari be to send up the indictment of A. in which endictment some others be endicted together with the same A. yet need not the Iustices of peace to make certificate concerning any but A. for although they be named joyntly yet be they indicted severally and the King may pardon A. without forgiving the other 6. E. 4. 5. 6. Ed. 4. fo 5. If a Certiorari shall come to the Iustices to remove an endictment and the party sueth not to have it removed but suffereth it to lye still 9. H. 7. 16. Br. Iudgement 17. yet it seemeth the Iust of peace ought ex officio to send it away because the writ containeth in it selfe a commandement to them so to doe and so is a supersedeas of it selfe to the Iust of peace to stay their other proceedings And albeit the Certiorari be a supersedeas of it selfe Fitz. Na. Br. 237. yet may the party upon the Certiorari purchased have a supersedeas also directed to the Sheriffe commanding him that he arrest him not Fitzh fo 237. in which place also he doubteth whether the Iustices of peace themselves ought not of duty to award their owne supersedeas to the same effect after that the writ of Certiorari is brought to their hands If a Certiorari come to the Iustice of peace to remove an endictment and in truth the indictment was not taken till after the date of the Certiorari yet if the endictment be removed thereby Dalton 371. it is good enough for that they both be the Kings Courts 1. R. 3. 4. and in such case it is now usuall to remove it All the higher Courts at Dublin may write to the Iustices of peace to certifie their Records that doe make for the tryall of causes in them depending as you may reade 19. H. 6. 19. where they of the common place did send to the Iustices of peace for an endictment because in a writ of conspiracy brought before them it was materiall to have it In some cases the Iustice of peace may certifie a Record by him made Dalton fo 372. or found before him out of Sessions without any writ of Certiorari therefore to him directed vide antea tit forceible Entrie In other cases he must of duty certifie the proceedings but may spare to certifie the Record untill a Certiorari come to him for it see hereof antea title Suretie for the peace For the manner of the writ of Certiorari to remove Records from one Court to another or from the Iust of peace or other officers of Record to any the higher Courts of Dublin c. there are diverse formes and sorts thereof as you may see in Fitz. Na. Br. fo 242. c. I will onely set you downe one forme for all The forme of a Certiorari out of the Chancery to certifie a Recog taken by a Iustice of peace in the Country for the keeping of the peace Iacobus Dei gratia Angliae Scotiae Franciae et Hiberniae Rex fidei defensor custodibus pacis nostrae in Com. Dublin et eorum cuilibet salutem volentes certis de causis Certiorari super tenorem cujusdam securitatis pacis vel boni gestus qua A.H. ar invenit coram vobis vel aliquo vestrum de eo quod ipse damnum vel malum aliquod R.S. vel alicui alij de populo nostro de corpore suo nec faceret nec fieri procuraret quovismodi vobis mandamus quod tenorem securitatis pacis sive boni gestus predict nobis in Cancellar nostr in octabis purificat beatae Mariae virginis prox futur ubicunque tunc fuerit sub sigill vestr vel unus vestrum distincte et apertè sine dilatione mittatis et hoc sub poena centum librarum nullatenus omittatis nec aliqu vestr omittat Teste meipso apud Dublin _____ die Novembris Anno Regni nostri c. The returne hereof See antea titulo Surety for the peace Concerning the surety of the peace When a writ of supplicavit which in old time was called breve de minis as appeareth by the Register directed out of the Chancery is delivered to a Iustice of peace he is to direct his precept or warrant to compell the party upon that writ to finde surety for the peace as appeareth by Fineux chiefe Iustice in 21. H. 7. fol. 20. the forme of which precept or warrant may be thus in English George Multon one of the Iustices of peace of our soveraigne Lord the Kings Majestie within the County of Dublin Com. Dublin to the Sheriffe of the said County and to all the high Constables of the severall baronies within the said County and to all petty Constables and all and singular other the Kings Majesties Bailiffes and other ministers aswell within liberties as without in the said County and to every of them greeting Know yee that I have received the commandement of our said soveraigne Lord the King by his Majesties writ of supplicavit in these words reciting the whole writ of supplicavit which is not alwayes of one forme because it is sometimes directed to all the Iustices of the peace sometime to them and the Sheriffe and sometimes to one Iustice alone or reciting only the effect of the supplicavit thus Know yee that I have received the commandement of our said soveraigne Lord the King by his Majesties writ of supplicavit to compell A. B. of D. in the said

sort of pardon I will only lay downe these few cases the servant that had killed his master was endicted of voluntarie murder without the word proditoriè and was thereupon arraigned and found guiltie But because the offence was petie Treason indeed and petie Treason was then pardoned by the Parliament 5. El. though murder were therein excepted Iustice Welsh thought it meet to reprive the same prisoner without giving Iudgement upon him Coll. Dyer 235. 43. A man stroke another in February 13. El. whereof hee died in Iune next following in which meane while all felonies offences Injuries and misdemeanors were pardoned by Parliament and he was discharged by that pardon because the stroke was the offence against the Queene and that was past and pardoned though the death did afterward ensue upon it Com. 401. 44. One that had committed manslaughter was endicted of murder and thereupon outlawed afterward the Parliament pardoneth all offences c. except persons outlawed or attainted of murder the partie reverseth the outlawrie and then is arraigned of manslaughter and it was much doubted whether he should be discharged by the pardon because the persons outlawed were excepted whereas if the offences onely had been excepted it would have made no great question 29. Eliz. Report Crompton 45. The speciall pardon Speciall pardon ought to be pleaded under the great seale for that now in Ireland none hath authority to grant such pardons but onely the King 46. And with this pardon the party ought to bring a writ of allowance testifying that he hath found sureties for his good report according to the statute 10. Ed. 3. ca. 2. Howbeit that matter is many times dispensed withall by meanes of a non obstante that may be put into the pardon Com. 502. But let us yet see what the pardon hath within it 47. If the pardon doe agree with the Endictment aswell in the name surname and addition of the party as also in the point of the offence that is to be pardoned then is there nothing to be said against it But if the pardon be of all Felonies that will not discharge him of petit Treason nor murder at this day except it containe them in speciall words although before the statute 13. R. 2. Stat. 2. ca. 1. such a pardon was availeable enough for them 48. Neither is such a pardon sufficient to save the life of him that is attainted of Felony unlesse it have words to pardon the attainder and execution 9. Ed. 4. 29. no more then a pardon of that attainder and execution will deliver him without words to pardon the felony it selfe 8. H. 4. 21. So where the party is abjured for the death of a man the pardon must of necessity carry words of abjuration Coron Fitz. 124. 49. And if the King doe pardon to a Gaoler the escape of prisoners being in his ward for felony or Treason that shall extend to negligent escapes only and to none other Grants Fitz. 37. So if he pardon two men all felonies done by them or any of them that will not serve them apart because the first words be joint and not severall whereas all felonies be of themselves severall 22. E. 4. 7. For in all these and the like cases howsoever the favour of life may desire liberall interpretation yet forasmuch as the offence is against Law the grace and dispensation of the prince may not be strained beyond the word 50. The last helps for the prisoner be Sanctuary and Clergy Sanctuary and Clergy whereas his case will afford him the one or the other of them for if he were taken out of Sanctuary he ought to pray at the first to be restored and if he can read he may at any time desire of the Iudge the allowance of his booke 51. How each of these began at the first and grew in time to bee full summed or how they shronke againe by one and one I may not here stand to discourse though it be a peece worthy both the handling and hearing But forasmuch as our statutes doe many times match these twaine together I will likewise draw them forth as I shall fall upon them shewing you where the one or the other or both be denied to the prisoner Once or moe times 52. Where Clergie lieth it is grantable but once to one person except he be within holy orders for such a one may have it often 4. H. 7. c. 13. Stamf. 135. Bigamie 53. Bigamus that is to say he which hath beene twice marryed or which hath marryed a widdow may not have his Clergie at this day in Ireland Dyer fo 201. Stamf. fo 134. for in old time before the statute of 1. E. 6. ca. 12. it was a good counterplea against it in England and that statute of 1. Ed. 6. is not of force in Ireland 54. It was wont to be doubted whether a Bastard Bastard might have the benefit of Clergy because he could not be a Priest without speciall dispensation Brooke Bastardie 46. but at this day Bastardy is no good counterplea against Clergy 55. And it was agreed by all the Iustices 2. 3. Phil. Mar. that a woman Woman shall have none allowance of Clergy but she may have for once only the benefit of her belly Lamb. li. 4. pag. 563. if it be found by women thereto appointed that she is quick with child Report Dallison 56. Conjurors or witches Witches c. shall not have the benefit of Clergy 28. El. ca. 3. in Ireland 57. He shall have no Clergy that committeth any felonious rape Rape ravishment or burglary Burglary 11. Iacobi ca. 3. in Ireland 58. Nor he which committeth the detestable sin of buggery Buggery 10. Caroli ca. 20. in Ireland 59. There lieth no Clergie nor Sanctuarie for him which committeth wilfull murder Murder or poysoning Poysoning of malice prepensed for these are high Treason in Ireland or which robbeth another in or nigh the high-way Rob in high way or which stealeth any horse or horses Horse gelding or geldings Mare or Mares or stealeth goods out of any Church Church or Chappell or which robbeth any person in any part of his dwelling house House himselfe his wife children or servants then being in or neere the same 11. Iacobi ca. 3. in Ireland 60. He which robbeth any person in any Booth or Tent Rob Booth or Tent. in any Faire o● Market the owner his wife children or any servant then being therein either sleeping or awake is deprived of his Clergie 11. Iacobi ca. 3. in Ireland 61. Sanctuary and Clergie bee taken from him that secondly shall be convicted of the forging of false deeds Forgery c. 28. El. cap. 4. in Irland 62. In all other cases so farre as I yet finde the prisoner may enjoy the priviledge of Clergy A consideration touching Clergy yea and in every of these statutes also that