Page:Ruffhead - The Statutes at Large, 1763.djvu/217

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A.D. 1315.
Anno nono Edwardi II.
Stat. 1.
171

unbroken. (2) The Answer. A Clerk fleeing to the Church for Felony, to obtain the Privilege of the Church, if he affirm himself to be a Clerk, he shall not be compelled to abjure the Realm; but yielding himself to the Law of the Realm, shall enjoy the Privilege of the Church, according to the laudable Custom of the Realm heretofore used.

By 28 H. 8. c. 1. Abjurers in petty Treason shall not have Clergy. See 1 Jac. 1. c. 25. and 21 Jac. 1. c. 28. which takes away all Sanctuaries.

CAP. XVI.
The Privilege of the Church being demanded by the Ordinary, shall not be denied to a Clerk that hath confessed Felony.

[1]ALSO notwithstanding that a Confession made before him that is not lawful Judge thereof, is not sufficient whereon Process may be awarded, or Sentence given; yet some Temporal Judges (though they have been instantly desired thereto) do not deliver to their Ordinaries, according to the Premisses, such Clerks as confess before them their heinous Offences, as Theft, Robbery, and Murther, but admit their Accusation, which commonly they call an Appeal, albeit to this Respect they be not of their Court, nor can be judged or condemned before them upon their own Confession, without breaking of the Church's Privilege. (2) The Answer. The Privilege of the Church, being demanded in due Form by the Ordinary, shall not be denied unto the Appealour, as to a Clerk. (3) We desiring to provide for the State of holy Church of England, and for the Tranquillity and Quiet of the Prelates and Clergy aforesaid, as far forth as we may lawfully do, to the Honour of God, and Emendation of the Church, Prelates and Clergy of the same; ratifying, confirming, and approving all and every of the Articles aforesaid, with all and every of the Answers made and contained in the fame, do grant and command them to be kept firmly, and observed for ever; (4) willing and granting for us and our Heirs, that the foresaid Prelates and Clergy, and their Successors, shall use, execute, and practise for ever the Jurisdiction of the Church in the Premisses, after the Tenour of the Answers aforesaid, without Quarrel, Inquieting, or Vexation of us or of our Heirs, or any of our Officers whatsoever they be. T.R. at York, the xxiv. Day of November, in the Tenth Year of the Reign of King Edward, the Son of King Edward.

See 28 H. 8. c. 1. by which Persons in holy Orders are to be punished as others.

  1. ↑ 2 Inst. 637.

The Statute of Sheriffs, made at Lincoln Anno 9 Edw. II. Stat. 2. and Anno Dom. 1315.

Sheriffs shall be assigned by the Chancellor, &c. A Sheriff must have sufficient in the same County, and not be Bailiff, &c. to any. Bailiffs of Hundreds shall have sufficient in the same Shire.

[1]FOrasmuch as our Lord King Edward, Son to King Edward, at his Parliament holden at Lincoln in quindena Hilarii, in the Ninth Year of his Reign, by the Information of his Prelates, Earls, Barons, and other great Men of the Realm,
  1. ↑ Cro. Car. 13.
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