« PreviousContinue »
Where king or
shall extend mercy to any person convicted of felony, or who shall liare received sentence of death for
feextend mercy on terms of trans, lony, any order under the sign manual of the king, or portation, such erder as effec. under the hand of the lord lieutenant, directing such pertual as a fra; dun son to be transported, shall be as effectual as if a pardon
for such felony, with condition of transportation, had been passed under the great seal, and pleaded and allowed; and such order shall be a sufficient warrant to all sheriffs, gaolers, and others, for the delivery of the person in such order named, to the sheriff or gaoler of
the place from whence such felon is to be transported, Proceeding
or to the person contracting for the transportation of such felon ; so as such order be countersigned by the judges, or one of them, before whom such felon was tried; which order, after such delivery of such felon, shall be lodged in the hands of the clerk of the crown or clerk of the peace where such conviction was had, together with a receipt from the person to wliom such
felon was delivered to be transported, to be kept 178 18 Geo.3. amongst the records of the court.
And by the 17 & 18 c. 9.s. 11. Ir. Geo. 3. c. 9. s. 11. Ir. where any person shall, at any session of oyer and terminer, or gaol-delivery, or at any
, extended to fe; quarter or other general session of the peace for any lons upon condic tion of being county, &c. be convicted of robbery or other felony, for kept to hard la. bour, the notif
which he shall be liable to suffer death without benefit of cation thereof clergy, and bis majesty shall extend the royal mercy to by the secretary of the lord lieu- such offender, upon condition of being kept to hard labour tenant to judge, to be allereed is at the place of confinement to be appointed for this pura pardon.
pose as herein mentioned, and such intention of mercy shall be notified in writing by the secretary of the lord lieutenant, to the judge or justice of oyer and terminer, or gaol delivery, in any county, &c. before whom such offender shall be convicted, it shall be lawful for such judge, &c. to make an order for allowing forthwith to every such offender, the benefit of a conditional pardon, as if there was a conditional pardon under the great seal, and shall adjudge that such offender shall be kept to hard labour for the time specified in the notification from the secretary of state.
To this head of “ Execution” might be referred the 33 Hen. 8. c. 12. Eng. ante p. 577. to 580. which contains a minute and curious detail of the parade and manner of executing the sentence upon convictions for ma. licious strikings within the king's palaces: And the 25 Geo. 2. c. 37. Eng. and 31 Geo. 3. c. 17. Ir. ante p. 904. 5-6-7. which prescribe the particular time and mode of execution of persons found guilty of wilful murder, might also have been reserved for this place: But it appeared to be a more convenient arrangement, to give those statutes fully, under the heads of the offences to which they particularly related. The 30 Geo. 3. c. 48. Eng. and 31 Geo. 3. c. 17. Ir. ante p. 1240-1. whicin have, altered the common law judgment and execution in cases of high treason and petit treason committed by women, may be here also referred to.
ADDENDA & CORRIGENDA,
CONTAINING the Acts of the three last sessions
of parliament, A. D. 1809, 1810, and 1811, (which were published after this work was put to press,) and such other additions and alterations as are proper to be made in the several parts of the work.
The letters P. and l. with the figures prefixed to the several paragraplis in the
Addenda, denote the pages and lines in the body of the work, where the supplemental matter should be introduced, or alterations be inade.
s. 1. F. & I.
P. 8. 1. 33. THE 3 Hen. 7. c. 1. E. & I. (from which 3 Hen. 7. c.1. statute the jurisdiction of the court of star-chamber in England, and of the court of castle-chamber in Jurisdiction of Ireland, respectively emanated) recites, that by un-chamber and
The court of starlawful maintenances, giving of liveries, signs and castle chamber, tokens, and retainders by indentures, promises, oaths, writings, or otherwise embraceries of the king's subjects, untrue demeanings of sheriffs in making of panels, and other untrue returns, by taking of money by juries, by great riots, and unlawful assemblies, the policy and good rule of the realm is almost subdued; and therefore provides, (s. 1.) that the chancellor and treasurer of England, and keeper of the king's privy seal, or two of them, calling to them a bishop and a temporal lord of the king's most honourable privy council, and the chief justices of the king's bench and common place, or other 2 justices in their absence, upon bill or information put to the said chancellor for the king, or any other, against
E. & I.
16 Car. 1. c. 20.
any person for any misbehaviour before rehearsed, shall have authority to call before them by writ, or by privy seal, the said misdoers, and them, and other by their discretion, by whom the truth may be known, to examine, and such as they find therein defective to punish after their demerits, after the form and effect of the statutes thereof made, in like manuer as if they were
thereof convict after the due order of the law. 1 Ric. 3. c. 2. P.9.1. 37.-The 1 Ric. 3. c. 2. E. & I. recites, that
the cominons of the realm had been aggrieved by a new Benevolences imposition called a “benevolence,” and enacts, that they abolisherl.
shall from benceforth in no wise be charged by such charge, imposition, or exaction, or the like, but that it shall be damned and annulled for ever.
P. 10. 1. 33.—The 15 Car. 1. c. 20. Eng. recites the Eng.
vexatious proceedings in this reign touching the order of Oppressive pro- knighthood, and enacts, that no person of what condi
, ing knighthousi tion, quality, estate, or degree, shail be compelled to prohibited.
take upon him the order of knighthood; nor shall suffer any fine or trouble by reason of his not having taken upon him the same.
P.11.1. 10.-The 1 Ric. 2. c. 2. E. & I. ordains that
peace shall be kept, so that all lawful subjects may Equal justice to
safely go, conie, and abide, according to the laws and be done to every usages of the realm; and that good justice and equal
right be done to every one.
P.11. l. 17.-By the 52 Hen. 3. C. 22. E. & I. none
may distrain his freeholders to answer for their freebolds, for their fieca
nor for any thing thereunto appertaining, nor make them swear against their will; for no man may do that without the king's command. By the 15 Ric.2. c.12.E. & I. none of the king's subjects shall be compelled to appear before
the council of any lord to answer for bis freehold, nor thing belonging any other thing real or personal which belongeth to the to the luw of
law of the land; and if any find himself aggrieved con
trary to this ordinance, he may sue to the chancellor 16 Ric. 2. c. 2. who shall give relief. And by the 16 Ric. 2. c. 2. E. & I.
if any lord, or other the king's subject, do contrary to l'enalty for of the 15 Ric. 2. c. 12. he shall incur the pain of £20. to jenning against 15 Ric. 2. c. 14. the king.
1 Ric.2. c. 2. E, & I.
52 Hen 3.c.22. E. & I.
None to answer
hold u lord's Cou:
15 Ric.2. c. 12. E.&l.
Nur for any