Anno quinto et sexto Eduardi Sexti Actes made in the session of this present parlament, holden vpo[n] prorogacion at Westminster, the. xxiii. daie of Ianuarie, in the fiueth yere of the reigne of our moste drad souereigne Lorde, Edward the. VI. by the grace of God, kyng of Englande, Fraunce, and Irelande, defendour of the faith, and of the Churche of Englande and Irelande, in yearth [sic] the supreme hed: and there continued and kept to the. xv. daie of Aprill, in the vi. yere of the reigne of our saied souereigne lorde, as foloweth

¶ The .ix. Chapiter. ¶ An acte that no man robbyng any house, Bouthe, or Tente, shalbe admitted to the bene∣fite of his Clergie. (Book 9)

WHere at the Parlament holdē at Westminster, by prorogacion, in the .xxiii. yeare of the reigne of the late king of famous memory, kyng Henry the viii It was among other thinges, then and there enac¦ted, established, and ordeined, by aucthoritie of the same parlamēt, that no persone nor persones, whi∣che after that time should happen to be found gil∣tie, after the lawes of this Realme, for any maner petie treason, or for any wilful murther of malice prepensed, or for rob∣byng of any churches, chapelles, or other holy places, or for robbyng of any persone, or persones, in their dwellyng houses, or dwellyng pla∣ces, the owner or dweller in thesame house, his wife, his children, or ser∣uauntes, then beyng within, and put in feare, or dread by thesame, or for robbyng of any person, or persons, in or nere about the high waies or for wilfull burnyng of any dwellyng houses, or barnes, wherin any grayne, or corne, should happen to be, nor any persone, or persones, be∣yng founde giltie of any abattement, procurement, mainteining, or cō∣cealyng of any, or to any suche petie Treason, murthers, or Fellonies, should from thencefurth be admitted to the benefite of his, or their cler¦gie, but vtterly to be excluded thereof, and suffre death, in suche maner and fourme, as they should haue done for any the causes, or offences abouesayde, if they were no clerkes, suche as be within the holy orders, that is to saie, of the orders of Subdeacon or aboue, alonely excepted, as by thesame acte amonges other thynges more playnely appereth, whiche acte was made to endure vntill the last daie of the next parla∣ment, and after that at the session of the parlament holden at Westmin¦ster by prorogacion, in the .xxij. yere of the reigne of thesayd late kyng thesame acte with other actes, was made to continue for euer. Sythen the makyng of whiche statute, it hath bene doubted, that if suche rob∣beries and fellonies, hath bene committed and done in dwellyng hou∣ses, and dwellyng places, the owner, or dweller, in thesame houses, his wife, his children, or seruaūtes, beyng then put in feare, or dread, by the same shal not lose the benefite of their clergie, if the offendours be ther¦in founde giltie by the lawes of this realme, onles thesame robberie, or fellonie be cōmitted and done, in the very chāber, house, or place, where the owner or dweller, in thesame house, his wife, childrē or seruauntes, shall happen to be, or lie at the time of suche robberie, and fellonie com∣mitted & done, and put in feare or dread, although the owner & dwel∣ler in suche house, and houses, his wife, his children, or seruauntes, at

the time of suche robberie, and fellonie committed, & done, were or laye in other places, within the precinct of thesame dwellyng houses, nyghe vnto the house, or place, where suche robberie, and fellonie shall happē to be done. Or if it happen that the owner, or dweller, within thesame house where suche robberie, & fellonie, shal happen to be done, his wife children, or seruauntes, to be aslepe, at the time of suche robberie, & tel∣lonie, cōmitted & done, although thesame robberie were done in the chā¦ber, or place, where the owner or dweller in thesame house, his wife, chil¦dren, or seruauntes, then laie, the offendours beyng founde giltie there of accordyng to the lawes of the lande, should not lose the benefite and aduauntage of his Clergie: And where also it hath bene in question, & doubted, that if suche robberies, and fellonies, happen to be cōmitted, and done, in any bouth, or bouthes, tent, or tētes, in any faier or market the owner of thesame, his wife, childrē or seruauntes, happē to be with in thesame, at the time of the cōmittyng of suche fellonies, & put in feare and dread, the offendours therein beyng founde giltie, after the lawes of this realme, should not lose the benefite of their clergie. For the true declaratiō & explanaciō of thesame doubtes, or questiōs before recited

Be it enacted, ordeined, and established, by the kyng our souereigne lorde, the lordes spirituall, and temporall, and the cōmons in this pre∣sent parlament assembled, and by the aucthoritie of thesame, that if it happen any persone, or persones, to be founde giltie, accordyng to the lawes of this realme, for robbyng of any persone, or persons, after the first day of May next ensuyng, in any parte or parcel of their dwelling houses, or dwellyng places, the owner, or dweller, in thesame house, or his wife, his children, or seruauntes, being then within thesame house, or place, where it shal happen thesame robbery, & fellonie, to be cōmit∣ted and done, or in any other place within the precinct of thesame house or dwellyng place, that suche offēdours, shall in no wise be admitted to their Clergie, whether the owner or dweller in thesame house, his wife, or children, then, and there beyng, shalbe wakyng, or sleping. And that no persone, nor persones, whiche after thesaide first day of May, shall happen to be founde giltie, after the lawes of this Realme, of, and for robbyng any persone, or persones, in any bouthe, or tente, in any fayre or market, the owner, his wife, his children, or seruauntes, or seruaunt then beyng within thesame bouthe, or tente, shall not from hencefurthe be admitted to the benefite of his, or their Clergie, but vtterly be ex∣cluded thereof, and suffre death, in suche maner and fourme, as is be∣fore mencioned in thesayde acte, made in thesayde .xxiij. yeare of the re∣igne of thesame late Kyng, for robberies, and fellonies, committed, and done, in dwellyng houses, and dwellyng places, the owner, or dweller, in thesame, his wife, children, or setuaūtes, then beyng within thesame and put in feare & dread, without hauyng any respect or consideracion whether the owner or dweller in suche Bouthes, and Tentes, his wyfe

childrē or seruaūtes, beyng in thesame Bouthes, or Tentes at the time of suche, robberies and fellonies, cōmitted, shalbe slepyng, or wakyng.