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 .x. Chapiter. ¶ An acte to take away the benefite of Clergie from suche as robbe in one shiere, and flie into another. (Book 10)

WHere in the parlamēt holdē at Westminster, vpō pro¦rogacion the .xv. day of Ianuary, in the .xxv. yere of the reigne of our late souereigne lorde Kyng Henry the eighte: It is recited that at the parlament holden at Westminster, in the .xxiii. yere of the reigne of thesaide late kyng, amonges other thynges, it was or∣deined, established, and enacted, that no persone, nor persones, whiche after that time should happen to be found giltie after the lawes of this lande, of any maner of petie treason, or for any wilful murther of malice prepensed, or for robbyng of any churches, chapel∣les, or other holie places, or for robbyng of any persone, or persones, in their dwellyng houses, or dwellyng place, the owner or dweller in the same house, his wife, his children, or seruaūtes, then beyng within, and put in feare & dread by thesame, or for robbyng of any persone, or per∣sones, in, or nere about the high way, or for wilful burning of any dwel¦ling houses, or barnes, wherin any grayne of cornes, should happen to be, nor any persone, or persones, beyng found giltie of any abbettemēt, procurement, helpyng, maintenyng, or concelyng, of, or to any such pe∣tie treason, murthers, or fellonies, should from thencefurthe be admit∣ted, to the benefite of his, or their Clergie, but should vtterly be exclu∣ded therof and suffre death, in suche maner and fourme, as they should haue done for any the causes or offences aboue sayde, if they ware no clerckes, whiche acte extended, but only wher suche offendour was cō∣uicted in suche countie or place, where suche offence was so committed and done, and not where he, or thei, did suche offence in one countie, and were taken with the maner in another countie. Wherfore it was con∣sidered, that for asmuche, as diuers and many fellōs, and robbers, that committe and do, diuers and many great heynous robberies, and bur∣glaries, in one shiere, & conueie the spoyle and robberie into any other shiere, and there be taken, endicted, and arreigned of fellonie, of the fel∣lonous stealyng of thesame goodes, in thesame other shiere, then where thesame robberies, or burglaries, were done, and cōmitted, in thesame Shiere, where they be so endicted, and arreigned, and that by reason therof, suche fellons, robbers, and burglaries, had, and enio∣yed the priuilege, and aduauntage of their clergie.

For redresse whereof, it was enacted in thesayde Parlament holden in thesayde fyue and twenty yeare of thesayde late Kyng, that if any

persone or persones, after that tyme, after suche robberie or burgla∣tie, by hym or them done in one Countie, should be endicted of fellonie for stealyng of any goodes or cattalles, in any other Countie within this Realme, and there vpon arreigned and founde giltie, or stande mute of malice, or chalenge peremptorie aboue the nombre of twenty persones, or would not vpon his or their sayde arreignement directly aunswere to thesame fellonie, that then thesame persone, and persones, so arreigned, and founde giltie, or standyng mute of malice, or chalen∣gyng peremptorie aboue the nōbre of twenty persones, or that woulde not directly aunswere to the lawe, should lose and be put from the be∣nefite of his or their Clergie, in like maner and fourme, as they should haue bene, if they had bene endicted, arreigned, and founde giltie in the same Countie where suche robberie, or burglarie, as is aforesayd, was done or committed, if it shuld appere to the iustices before whome any such felons or robbers shuld be arreigned, by euidēce geuen before thē or by examinaction, that thesame felons & burglares, should haue bene put from their Clergie in case thei had bene endited, arreigned, & found giltie in thesame Countie, where thesame robberies or burglaries wer committed or done, as in thesame Statute made in the sayde .xxv. yere among other thynges more playnly appereth. And where in the parla∣ment holden at Westminster, the fourth daie of Nouember, in the first yere of the reigne of out souereigne lorde the kyng that nowe is:

It is ordeined and enacted, amonges other thinges, that no persone or persones, that before that time had bene, or at any time after should be, in due forme of the lawes atteynted, or conuicted of murther, of ma∣lice prepensed, or of poysonyng of malice prepensed, or of breakyng of any house, by daie or by nyght, any persone beyng then in thesame house, where thesame breakyng had bene, or after that tyme should be cōmitted, beyng put in feare or dread, or of, or for robbyng of any per∣sone, or persones in the hygh waye, or nere to the hygh waye, or for fel∣lonious stealing of horses, geldinges or mares, or of fellonious taking of any goodes out of any paroche churche, or other Churche, or Chap∣pell, or beyng indicted or appealed, of any of thesame offences, and ther vpon founde giltie, by verdicte of .xii. men, or should confesse thesame vpon his or their arreignement, or would not aunswere directly, accor¦dyng to the lawes of this realme, or should stande wilfully, or of ma∣lice mute, should not be admitted to haue or enioye the priuilege or be∣nefite of his or their Clergie, or Sanctuarie, but should be put from thesame. And that in all other cases of fellonie, other then suche as be before mencioned, all and singuler persone, & persones, whiche after the first daie of Marche then next followyng should be areigned or found giltie vpon his or their arreignement, or should confesse thesame, or stande mute in fourme aforesayde, or would not aunswere directly in fourme abouesayde, should haue and enioye the priuilege and benefite

of his, or their Clergie, and the libertie and priuilege of Sanctuary, in lyke maner and fourme as he, or they myght, or should haue done, be∣fore the .xxiiij. daye of Aprill, in the first yeare of the reigne of thesayde late Kyng Henry the eyght, as in thesayde acte, made in thesayde firste yere among other thynges more playnely appereth, by reason of whi∣che article, and clause, conteined in thesayde acte, made in thesaide first yere, thesaide statute made in thesaide .xxv. yere of thesayde late kyng, whiche did put suche fellones and burglares, from their Clergie, that doe suche offence in one Countie, and after are taken with the goodes stolen in another Countie, and there endicted, arreygned, and founde giltie, was made voyde. By reason wherof, diuers and many persones that sythen thesayde first yere haue committed suche robberies & burg∣laries, in one Countie, and after haue bene taken with the maner in an other Countie, and there endicted, arreined, and found giltie haue had and enioyed their Clergie, whiche they could not haue had in case the sayde acte, made in thesayde .xxv. yere, had stande in force, to the greate boldyng and comforte of suche offendours.

For redresse whereof from hencefurth to be had, be it enacted by auc∣thoritie of this present parlament, that thesayd acte made in thesayde xxv. yere, touchyng the puttyng of suche offendours from their Clergie and euery article, clause and sentence, conteined in thesame, touchyng Clergie, shall from hencefurth touchyng suche offences, frō hencefurth to be committed and done, stande remayne, and be in full strength and vertue, in suche maner and fourme, as it did before the makyng of the sayde acte, made in thesayde firste yere of the reigne of our sayde soue∣reigne lorde the kyng that nowe is, any clause, article, or sentence, com∣prised in thesayde acte, made in thesayd first yere, to the contrary there of notwithstandyng.