AN ACT For making the Collectors Receipts For Quit-Rent, Crown Rent, and other Rents Due to the Crown, Full and Legal Discharges for the same; and for Limitting their Fees thereon.

AN ACT For taking away the Benefit of Clergy IN SOME CASES.

DUBLIN: Printed by Andrew Crook, Printer to the King's Most Excel­lent Majesty, on Cork-Hill, near Copper-Alley, 1697.

An ACT for making the Col­lectors Receipts for Quit-Rent, Crown-Rent, and other Rents due to the Crown, full and legal Discharges for the same; and for Limitting their Fees thereon. CHAP. XXXI.

WHEREAS the several and respe­pective Farmers of the Revenue of this Kingdom, since the Restaura­tion of His late Majesty King Charles the Second; and the several Commissioners appoin­ted since, for the management of the said Re­venue, have thought fit for several weighty Con­siderations, to Collect and Levy the Quit-Rent, Crown-Rent, Composition, and all other Rents due to the Crown, by Collectors, by them ap­pointed, in the several Districts of this King­dom, which was principally intended for the Ease of the Subject, by saving them the Trouble, Danger, and Expence, of sending their Money to Dublin, to be there paid into the Treasury.

And whereas several Scruples have Arisen, amongst His Majesty's good Subjects, which have made them doubt, whether the Acquittan­ces given by such Collectors, were, or ought to be sufficient Discharges to the Persons who have paid the said Rents, against His Majesty, in any Prosecution made in His Name, in the Court of Exchequer, or elsewhere; for Levying and Recovering thereof, in case the said Collectors [Page 4]who have Received the same, have not duly Ac­counted for such Receipts with His Majesty, as in Duty they ought: For Remedy whereof.

Be it Enacted by the King's Most Excellent Majesty, by, and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons in this present Parliament Assem­bled, and by the Authority of the same; that the several Acquittances already given by the Col­lectors, or Receivers, duly Authorized and Ap­pointed to Collect, and Receive the said Quit-Rent, Crown-Rent, Composition-Rent, and o­ther Rents: As also all Acquittances that here­after shall be given by any such Collector, or Receiver, during the time the said Collectors were, are, or shall be so Employed, shall be Good, and Valid in Law, to all Intents and Purposes, against His Majesty, His Heirs and Successors. And that all such Acquittances so given, or hereafter to be given, shall be as Good and Effectual, to all Intents and Purposes, as an Exchequer Acquittance duly Passed and Entred in the several Offices of the Exchequer.

And be it further Enacted, That all and every the Collector, and Collectors of the aforesaid Rents, shall upon Payment of the same, or any part thereof, give and perfect to the person so paying the same, a full and Clear Receipt, or Acquittance, for what he shall receive, in Parchment, under his Hand; wherein he shall mention the Summ so by him Received, and for what Gales Rent, and for what Land, and on what Account the same is paid to him. And for the Encouragement of the said Collectors to do their Duty therein, with all due Regard and Indulgence to the Country. And to prevent the Extortions and [Page 5]Oppressions which may be committed by their Bailiffs, or Drivers, on the Tenants Liable to pay such Quit-Rent, Crown-Rent, Com­position-Rent, or other Rent.

Be it further Enacted by the Authority a­foresaid, That the said Collectors, and every of them, may demand and receive the respective Feés hereafter mentioned, and no more, or other Feé: That is to say, For every Acquittance they shall give for any of the said Rents, for any Summ above Five shillings, and not exceéding Twenty shillings, the Summ of Six pence, and no more, and for every Summ above Twenty shillings, and not exceéding Five pounds, the Summ of One shilling and no more, and for every Summ above Five pounds, and not ex­ceéding Fifteén pounds, the Summ of One shil­ling Six pence, and no more, and for every Summ above Fifteén pounds, the Summ or Feé of Two shillings, and in no case to receive any more for any one Acquittance then Two shillings.

And whereas several persons stand Char­ged with, or are Oblidged to pay several Rents, for several Parcels of their Lands and Tene­ments, the same being Granted under several and distinct Rents, to themselves, or others, un­der whom they Claim, for which formerly, se­veral Acquittances used to be given, tho' paid at the same times, and by the same person, for which said several Acquittances, distinct Feés have beén paid, to the great Charge of the Sub­ject; for Remedy whereof.

Be it further Enacted by the Authority a­foresaid, That where one person stands Char­ged with the Payment of several and distinct [Page 6]Summs, in respect of several Parcels of their Lands and Tenements, or where the same is in Charge, in the name of other persons, not in possession of such Lands, the several Col­lectors of this Kingdom, within their respe­ctive Districts, shall on Receipt of the said Rents, or any part thereof, give to the person so in possession, as aforesaid, and so paying the same, One Acquittance for what he shall so pay, which Acquittance shall distinctly mention, as well the Lands and Tenements, as the Rent so paid, and for what Gale the same is so paid, and by whom, for which One Acquittance the said Collectors shall receive no other or greater Feé then as aforesaid, And wheras, the several Acquittances to be made and given pursuant to this Act, may be lost or mislaid, to the pre­judice of the person therein concerned: For pre­vention whereof.

Be it further Enacted by the Authority afore­said, That all and every the Collector and Col­lectors of this Kingdom, shall every Year, pre­pare a Book, wherein they shall Enter all the Receipts or Acquittances by them given, for all and every the aforesaid Rents, under their Hands, and in the presence of the party paying the same, which Receipt the said parties, or any o­ther on his behalf, may set their Names; for every which Entry, the said Collectors may demand and receive Two pence over and above the Feés aforesaid; which Book, the said Col­lectors, and every of them respectively, shall Yearly, before the Stating of their Accounts, return under their Hands, and on their Oaths, into the Office of the Auditor-General, where the same [Page 7]shall remain and be kept, not only as a Charge on such Collectors respectively, but also as a Discharge to the Subject, for all Summs there­by appearing to be paid as aforesaid.

An ACT for taking away the Benefit of Clergy in some Cases. CHAP. XXXII.

FORASMUCH as divers Wicked, and Ill-disposed Persons, are Encouraged to Commit Roberies upon Mens Persons, and in their Houses, and other Offences, by the Priviledge, as the Law now is, of Deman­ding the Benefit of the Clergy.

Be it therefore Enacted by the King's Most Ex­cellent Majesty, and by, and with the Advice, and Consent of the Lords Spiritual and Tem­poral, and Commons in this present Parlia­ment Assembled, and by the Authority of the same; That all and every person, or persons that shall and at any time, from, and after the First day of May, in the Year of Our Lord, One thousand Six hundred Ninety eight, Rob any other person, or shall Feloniously take a­way any Goods or Chattles, being in any Dwel­ling-House, the Owner, or any other person being therein, and put in fear; or shall Rob any Dwelling-House in the Day time, any per­son being therein; or shall Comfort and Abett, Assist, Counsel, Hire, or Command, any person or persons, to Commit any of the said Offen­ces; or to break any Dwelling-House, Shop, [Page 8]or Ware-House, thereunto belonging, or therewith used in the Day time, and Feloniously take away any Money, Goods, or Chattles, of the value of Five Shillings, or upwards therein being, altho' no person shall be within such Dwelling-House, Shop, or Ware-House; or shall Counsel, Hire, or Command any person to Commit any Bur­glary, being thereof Convicted, or Attainted, or being Indicted thereof, shall stand Mute, or will not directly Answer to the Indictment; or shall peremptorily Challenge above the Number of Twenty persons, returned to be of the Iu­ty, shall not have the Benefit of his, or their Clergy.

And be it further Enacted by the Authority aforesaid, That if any person or persons what­soever, be Indicted of any Offence, for which, by Vertue of any former Statute, he, or they are Excluded from having the Benefit of his, or their Clergy, if he or they, had beén thereof Convicted by Verdict, or Confession; such person and persons, if he, or they stand Mute, or will not Answer [...]irectly to the Felony, or shall Chal­lenge peremptorily above the Number of Twen­ty persons, returned to be of the Iury; or shall be Out-lawed thereupon, shall in like manner be Ousted of the Benefit of his, or their Clergy, as if he had beén Convicted of such Offence, by Verdict, or Confession.

And be it further Enacted by the Authority aforesaid, That if any person or persons here­after be Indicted of Felony, for Stealing any Goods or Chattle, in any County within this Realm of Ireland, and thereof be Convicted, or Attainted; or upon his, or their Arraignment shall stand Mute, or will not directly Answer [Page 9]to the Indictment; or shall Challenge peremp­torily above the Number of Twenty persons, returned to be of the Iury, he, or they, shall be totally Excluded from having the Benefit of his or their Clergy. If it appear upon E­vidence, or Examination, before the Iustices, that the said Goods, or Chattles, were taken by Robbery, or Burglary, or in any other man­ner, in any other County; whereof, if such person or persons, had beén Convicted by a Iury of the said other County, he, or they, are Excluded by Vertue of this, or any other Act, from having the Benefit of his, or their Clergy.

And forasmuch, as Theives and Robbers, are much Encouraged to Commit such Offen­ces, because a great Number of persons make it their Trade, and business, to deal in the buy­ing of stolen Goods.

Be it therefore Enacted by the Authority a­foresaid, That if any person or persons, shall Buy or Receive any Goods or Chattle, that shall be Feloniously taken or stolen from any other person, knowing the same to be stolen, he, or they, shall be taken and deémed an Accessary or Ac­cessaries to the Felony after the Fact, and shall incur the same Punishment as an Accessary, or Accessaries to the Felony, after the Felony Com­mitted.

And whereas, it is a frequent practice for Idle and Disorderly persons, to Hire Lodg­ings, with an Intent to have an Opportunity to take away, Imbezle, or Purloin the Goods and Furniture, being in such Lodgings.

Be it therefore Enacted and Declared by the Authority aforesaid, That if any person or per­sons shall take away, with an intent to steal, imbezle, or purloin, any Chattle, Bedding, or Furniture, which by Contract or Agreément, he, or they are to use, or shall be Lett to him, or them to use, in, or with such Lodging, such ta­king, Imbezling, or purloining, shall be to all In­tents and Purposes, taken, reputed, and adjudg­ed to be Larceny and Felony, and the Of­fender shall suffer as in Case of Felony.

And whereas by the Laws of this Realm, Women Convict of Felony for Stealing of Goods and Chattle, of the value of Ten shil­lings, and upwards, and for other Felonses, where a Man is to have the benefit of his Clergy, are to suffer Death.

Be it therefore Enacted and Declared by the Authority aforesaid, That where a Man, being Convicted of any Felony, for which he may demand the benefit of his Clergy, if a Woman be Convicted for the same, or like Offence, upon her Prayer to have the Benefit of this Statute, Iudgment of Death shall not be given against her upon such Conviction, or Execution, Award­ed upon any Outlawry for such Offence, but shall suffer the same Punishment as a Man should suffer, that has the benefit of his Clergy allowed him in the like Case; that is to say, shall be Burnd in the Hand by the Goaler, in open Court, and further be kept in Prison, for such time as the Iustices in their Discretion, shall think Fit, so as the same do not exceéd One Year's Imprisonment.

And forasmuch as such Men who have once had their Clergy, and such Women who shall once have the Benefit of this Statute, may happen to [Page 11]be Indicted for an Offence Committed after­wards in some other County.

Be it therefore Enacted, That the Clerk of the Crown, Clerk of the Peace, or Clerk of the Assizes, where such Man or Woman shall be Convicted, shall at the request of the Pro­secutor, or any other in His Majesty's behalf, certifie a Transcript Briefly, and in few Words, containing the effect and Tenor of every Indict­ment and Conviction, of such Man or Woman, of his having the benefit of the Clergy, or her having the benefit of this Statute, and Addition of every such person or persons, and the cer­tainty of the Felony, and Conviction to the Iudges and Iustices in such other County where such Man or Woman shall be Indicted; which Certificate, being produced in Court, shall be a sufficient Proof that such Man hath before had the benefit of his Clergy, and such Wo­man hath had the Benefit of this Statute.

And forasmuch as since the late Rebellion in this Kingdom, the stealing of Cows, Sheép, and other Cattle, hath beén more frequent then heretofore, so as it is become necessary, in Order to prevent the Committing Offences of that kind, that the Benefit of the Clergy should for some time be taken away from such Offenders.

Be it Enacted by the Authority aforesaid, That if any person or persons, shall from, and after the said First day of May, in the Year of Our Lord One thousand Six hundred Nine­ty eight, Feloniously steal, or take away, any Cow, or Cows, Sheép, or other Cattle, and shall be thereof Convict by Verdict, or Con­fession, or shall stand mute, and will not Di­rectly answer to the Felony, or shall Challenge [Page 12]Peremptorily above the number of Twenty per­sons, or shall be Outlawed thereupon, such per­son or persons, if such Offence shall exceéd the Crime of Petty Larceny, or the Cattle stolen shall be of greater Value then Twelve pence, Sterling, shall not be allowed the Benefit of his or their Clergy, but be wholly Ousted from the same.

Provided always, That this Act shall con­tinue, and be in force, as to the stealing of such Cow, or Cows, Sheép, or Cattle, for Threé Years next ensuing, and no longer.

FINIS.

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