WHEREAS the Moneys which are taken by Prothonotaries of Your Majesties Courts of Kings-Bench and Common-Pleas, and by the Clerk of Your Majesties Court of Exchequer at Dublin, and the Clerks and Prothonotaries in any other Court within this Realm, in the name of Damna Clericorum, or Damage Clear, are an unnecessary Charge and Burthen to all Your Majesties Subjects, who have good Cause and put to Sue for Damage in Actions where Damages are Recoverable: For avoiding of which Inconveniency for the future, and that Your Majesties Subjects may have an easier means for the Recovery of their Damages and Iust Rights which are unjustly detained from them; May it please Your Most Excellent Majesty that it may be Enacted, and His Most Excellent Majesty being willing upon all Oc­casions to Ease His Subjects of all unnecessary Charges and Burthens, is Graciously Pleased that it be Enacted.

And 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 no Damage Clear shall by any Title or Pretence whatsoever be Due, Payable, Taken [Page 4] or Received from any Person or Persons in any Action whatsoever, Sued or Prosecuted in any of His Majesty's Courts at Dublin, or elsewhere within the Kingdom of Ireland, by any Prothonotary, Clerk or Clerks, or other Officer or Officers of the said Courts respective­ly, and that the said Feé of Damna Clericor. or Damage Clear, shall wholly cease and be for ever Abolished in the said Courts; and that if any Prothonotary, Clerk or Clerks, or other Officer in any of the said Courts, shall take or Ex­act any Summ or Summs of Money in the name of Damna Clericor. or Damage Clear, or any thing in Lieu thereof, or if any of the said Prothonotaries Clerk or Clerks, or their De­puties, shall Exact or take any Damage Clear, or Summ of Money, Bond or Security in Lieu thereof from any Plantiff or Plantiffs, Demandant or Demandants, in any Action where Damages have beén or hereafter shall be recovered in any of the said Courts, or shall refuse or delay to Sign any Iudgment until Damage Clear be first paid by the Plantiff or Demandant, he or they so offending shall for­feit Treble the Summ so Taken, Exacted or Demanded to the Party or Parties grieved, to be recovered by Bill, Plaint or Information in any of the said Courts, wherein no Essoyn, Protection or Wager of Law shall be Al­lowed.

TO the End that Stabbing and Killing Men on the sudden, Done and Com­mitted by many Inhumane and wick­ed Persons in the time of their Rage, Drunkenness, hidden Displeasure, or other Pas­sion of Mind, Contrary to the Commandment of Almighty God, and the Common Peace and Tranquility of this Realm, may from hence­forth be Restrained for fear of due Punishment to be Inflicted on such Cruel and Bloody Ma­lefactors, who heretofore have beén thereunto Emboldened by presuming on the Benefit of the Clergy.

Be it therefore Enacted by the Kings Most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and the Commons in this present Parliament Assembled, and by the Authority of the same, That every Person and Persons, who after the End of this present Parliament shall Stabb or Thurst any Person or Persons that hath not then any Weapon Drawn, or that hath not then first stricken the Party which shall so Stabb or Thrust, so as the Person or Persons so Stabbed or Thrust shall thereof Die within the space of Six Months then next following, al­though it cannot be proved that the same was Done of Malice Fore-thought, yet the Party [Page 6] so Offending, and being thereof Convicted Virdict of by Twelve Men, Confession, or otherwise, accord­ing to the Laws of this Realm shall be Exclu­ded from the benefit of his or their Clergy, and suffer Death as in Case of Felony, without benefit of Clergy.

Provided always that this Act, or any thing therein Contained, shall not Extend to any Per­son or Persons which shall Kill any Person Se Defendendo, or by Misfortune, or in any other manner then as aforesaid, nor shall Extend to any Person or Persons, who in keéping and preserving the Peace shall Chance to Commit Manslaughter, so as the said Manslaughter be not Committed wittingly, willingly, and of purpose, under pretext and Colour of Keéping the Peace, nor shall Extend to any person or perons which in Chastizeing or Correcting his Child or Servant, shall besides his or their In­tent and Purpose Chance to Commit Man­slaughter.