Lord's supper in the church of Ireland as by law established, shall be reputed as protestants. Provided (s. 17.) that if such children shall, after they come to the age of 18 years, declare themselves of the communion of the church of Rome, or be present at matins or vespers, according to the practice of the church of Rome, they shall be subject to all penalties, as converted papists relapsing to popery are. And it is proper here to refer to the 33 Geo. 3. c. 21. s. 1. Ir. (vide vol. 1. p. 503.) which relieves papists, or persons professing the popish or Roman catholic religion, or educating their children in that religion, from all penalties and disabilities, save as herein excepted, without any distinction as to relapsed con verts. s. 17. Proviso. murders, &c. 33 Hen. 8.c. 12, Before whom VII. With respect to contempts against the king's pa- § 7. laces: the 33 Hen. 8. c. 12. Eng. enacts, that all trea- Punishment of sons, misprisions of treasons, murders, manslaughters, within the king's bloodsheds, and malicious strikings, by reason whereof cont blood is shed, against the king's peace, which shall s. 1. Eng. be done within any of the palaces or houses of the king, or any other house, at such time as his majesty shall be then abiding in person, shall be inquired of, &c. within any the king's palaces or other houses, where his majesty shall repair unto, or be abiding, in manner following: viz. before the lord great master or lord steward of the king's houshold, and in his absence before the tried, treasurer and controller of the houshold, and steward of the marshalsey, or two of them, whereof the steward of the marshalsey to be one, without any commission other than this act; which steward of the marshalsey shall be appointed by writing, under the seal of the lord great master or lord steward. And where the king shall be removed from the palace, &c. where such offences were done, yet such offences shall be inquired of, &c. before the officers before named, by the inquisition and verdict of his highness's houshold servants in his check-roll, and at such palace or house where his majesty shall be abiding. And by s. 2. all returns of process, and all execu- s.2. tions and judgments concerning the premises, shall be Process, c done by the officers. By s. 3. all inquisitions upon the $.3. VOL. II. 2 P view by whom. persons slain hote to be. 8. 4. Jury how returned. Inquisitions of view of persons slain within any the king's palaces, &c. shall be taken by the coroner of the houshold, without any assisting of another coroner of any shire, by the oath of 12 of the yeomen officers, returned by the 2 clerks controllers, the clerks of the check, and the clerks marshals, or one of them, to whom the coroner of the houshold shall direct his precept; which coroner shall be assigned by the lord steward; and the coroner of the houshold shall certify all such inquisitions upon the view of dead bodies slain within the said palaces, &c. before the lord steward, and in his absence before the treasurer, controller, and steward of the marshalsey, or 2 of them, whereof the steward to be one. And by s. 4. the said two clerks controllers, clerks of the check, and clerks marshals, or one of them, upon a precept made. by the lord great master, &c. (as in s. 1.) shall have power to summon and return 24 yeomen officers of the houshold in the check roll, to inquire of such treasons, &c. (as in s. 1.) by reason whereof blood is shed against the king's peace, before the lord great master, &c. And by s. 5. it shall be lawful for the lord great master, &c. Number neces- to cause such number of the 24 persons as to him shall scem expedient, above the number of 12, to inquire of such treasons, &c. By s. 6, if any be indicted before them as aforesaid, or by inquisition before the coroner, and certified before the lord great master, &c. the said lord great master, &c. shall arraign such persons indicted; and after issue joined the same day and place, or any other day and place, at the pleasure of the lord great master, &c. shall make another precept to the cierks controllers, clerks of the check, and clerks marshals, or one of them, to summon and return one other jury of 24 persons, of the servants and gentlemen officers of the king's chamber, and of the houshold, which take wages by the check-roll; and the lord grand master, &c. shall cause 12 of the jury to be sworn, without any challenge to be allowed, malice only excepted; and any such person be found guilty of treason, misprision Punishment for of treason, murder, or manslaughter, he shall have judgment of life and member, and forfeit lands and goods (as if found guilty of the said offences by the order of 8. 5. sary for this inquest. 3. 6. Arraignment of offender. Jury how re turned and chosen to t y ufJender. treasons, bic. if the s. 7. Punishment for s. 8. to 13. Execution how the said offences of the common law) without benefit of clergy. And by s. 7. if any person so arraigned be found guilty for malicious striking, by reason whereof blood is shed against the king's peace within the said malicious strikpalace, &c. such person shall have judgment by the said ings. lord great master, &c. to have his right hand stricken off before the lord great master, &c. the execution to be done by such as the lord great master, &c. shall appoint, and also shall have judgment to have perpetual imprisonment, and shall pay fine and ransom at the king's pleasure. By s. 8. to 18. the serjeant or chief surgeon, or his deputy, shall be ready at the execution to sear the stump, when the hand is stricken off: The serjeant of to be. the pantry to give bread to the party: The serjeant of the cellar with a pot of red wine, to give the party drink: The serjeant of the ewry with cloths for the surgeon to occupy: The yeoman of the chandry shall have seared cloths for the surgeon: The master-cook shall bring a dressing knife, and deliver it to the serjeant of the larder, who shall hold it upright till execution be done: The serjeant of the poultry shall be ready with a cock for the surgeon to wrap about the stump: The yeoman of the scullery to make a fire of coals, and make ready searing-irons: The serjeant or chief ferror shall bring the searing irons, and deliver them to the chief surgeon when they be hot: The groom of the salcery shall be ready with vinegar and cold water: The serjeant of the wood-yard shall bring a block, with a betil, a staple, and cords to bind the hand. By s. 19. if any person so indicted of treason, misprision of treason, murder, manslaughter, or malicious striking by reason whereof blood Punishment for is shed, and thereof be arraigned, and obstinately refuse to answer, he shall be convict, and have judgment as if he were found guilty by verdict; and the clerks controllers, clerks of the check, and clerks marshal, or one of them, shall appoint a crier to make proclamations, call the juries, &c. Provided (s. 20.) that the. trial of s. 20. peers for any offences before mentioned, shall be as in Peers tried by time past. By s. 21. the jurisdiction of the marshalsey court, and circuit of the verge, shall be used by the ofi- The liberig of cers of the same as heretofore, for murders, felonies, s. 19. standing mute. Crier how appointed. then peers. s. 21. the verge. s. 22. Coroner of the king's house. s. 24. The limits of the king's house, 5. 26. Caves of striking to which this statute doth not extend. offences, and all trespasses, contracts, and other suits. By s. 22. the coroner shall be appointed by the lord great master, or lord steward. By s. 24. the limits of the houses within which the offences aforesaid shall be so punished, shall be within any edifices, courts, places, gardens, orchards, or houses within the porter's ward, or within any gardens, privy-walks, orchards, tilt-yards, wood-yards, tennis-plays, cock-fights, bowling-alleys, near adjoining to the houses, and being part of the same, or within 200 feet of the standard of any outward gate of the houses commonly used. By s. 26. this act concerning malicious strikings shall not extend to any person that shall strike his servants, within the palace, with his hands, or with any small stick, for correction for any offences; nor to any of the king's officers that in executing of their office shall strike any person with their hands, or with any small stick, or with a tip-staff; nor to any other that in doing service at any triumph, or any other time of service, by the king's command, or of any of his council, or other his head officers, shall, for the executing of their service, strike any person with their hands, or any small staff or tip-staff; except the 'person stricken die of the same within one year. CHAP. VII. § 1. Penal y for thing ise en 11g, rasing toll, or changing verdici. $ Ric. 2. c. 4. E. & 1. Of Offences against Public Justice. FIRST as to embezzling or vacating records, or falsifying proceedings: by the 8 Ric. 2. c. 4. E. & L. if any judge or clerk shall make a false entry, rase a roll, or change a verdict, (whereby ensueth disherison of any of the parties,) and be convict before the king and his council, within 2 years after such default, if the party grieved be of full age, age, and if he be within age, then within 2 years after he shall come to his full age, he shall be punished by fine and ransom at the king's will, and satisfy the party. ther's name not But the 8 Hen. 6. c. 12. s. 3. E. & I. further enacts, 3 Hen. 6. c. 12, that if any record or parcel of the same writ, re- §. 3. E. & 1. turn, panel, process, or warrant of attorney, in chan- Embezzling or cery, exchequer, the one bench, or the other, or in the vacating records, felony. treasury, be willingly stolen, withdrawn, or avoided, by any clerk or other person, whereby any judgment shall be reversed, such stealer, &c. his procurators, counsellors, and abettors, being thereof indicted, and convict by confession, or inquest of lawful men, (whereof one half shall be men of some one of the same courts,) shall be adjudged felons; and the judges of the one bench or the other shall have power to hear and determine such defaults. And by the 21 Jac. 1. c. 26. Eng. every person 21Jac. 1. c. 26. who shall acknowledge, or procure to be acknowledged, s. 1& 2. Eng. any fine, recovery, deed inrolled, statute, recognizance, Felony to levu a bail, or judgment, in the name of any other person not fine, Sc. in anoprivy or consenting to the same, shall be guilty of fe- privy. lony, without benefit of clergy: Provided that such at- Blood not corrupted, &c. tainder shall not be any corruption of blood, nor loss of dower. And by s. 3. this act shall not extend to any judgment acknowledged by any attorney of record, for any person against whom such judgment shall be had or given. The 10 Car. 1. st. 3. c. 20. Ir. is the corres- 10Car. 1. st. 3. ponding statute in Ireland. By the 4 W. & M. c. 4. s. 4. Eng. any person who shall, before any person empowered by virtue of this act to take bail, represent or personate any other person, whereby such person so re-nate other as presented, &c. may be liable to the payment of any Lail. sum of money for debt or damages to be recovered in the same suit or action, wherein such person is so represented, &c. shall be adjudged a felon. The 7 W. 3. 7 W 3. c. 18. c. 18. Ir. contains a corresponding provision. s. 3. Proviso. c. 20. Ir. 4 W. & M. c. 4. $. . 4. Eng. Felony to perso • 9. 4. Ir. gau'er to compel II. By the 14 Edw. 3. st. 1. c. 10. E. & I. (which su- § 2. persedes the 1Edw. 3. st. 1. c. 7.) if any gaoler or under- Felony for a gaoler, by too great duress of imprisonment, and by a prismer to bepain, make any prisoner become an appellor against his will, he shall have judgment of life and member. come an ap prover. 14Edw. 3. st.1. III. With c. 10. E. & 1. |
