another there Cro. Jac. 462. 23 Cro. Car. 264. 1 Burr. 243. in any Church or Churchyard, to the intent to strike another with or striking the same weapon, that then every person so offending, and thereof with a weapon. being convicted by verdict of twelve men, or by his own confession, 2 Leon, 183. or by two lawful witnesses, before the Justices of Assise, Oyer Cro. Eliz. 224. and Terminer, or of the Peace in their Sessions, by force of this act, shall be adjudged by the same Justices, before whom such Roll. 90. person shall be convicted, to have one of his ears cut off. And Dyer,275. pl. 48. if the person or persons so offending have none ears, whereby they should receive such punishment, that then he or they to be marked and burned in the cheek with an hot iron, having the letter F. therein, whereby he or they may be known and taken for fraymakers and fighters; and besides that, every such person to be and stand ipso facto excommunicated as is aforesaid. If any lay violent hands on a Clerk, the amends for the Regist. 51, 52. peace broken shall be before the King, and for the excom- The punishment munication before a Prelate, that penance corporal may be enjoined; which, if the offender will redeem of his own good will, by giving money to the Prelate, or to the party grieved, it shall be required before the Prelate, and the King's prohibition shall not lie. 9 Ed. 2. c. 3. VI. Assaults in the King's Palaces or Houses. 57. 2 Inst. 620. of such as lay violent hands on a Clerk. The Statute 33 H. 8. c. 12. recites, that "Where Treasons, 4 Inst. 133. Misprisions of Treasons, Murders, Manslaughters, and other Malicious Strikings, by reason whereof blood is or shall be shed' against the King's peace, been often and many times done and committed within the limits of the King's Palace or House, or other house or houses where and when his Majesty is there demurrant and abiding in his own most Royal Person, which offences when they be done be best known by his Highness' Officers and Ministers of his most Honourable Household, and by his Majesty's Servants of the Chequer Roll; and if his Majesty shall happen to remove from such his Palace or House, or other house or houses where such offences were done, before the trial or determination thereof, then such offences might not lawfully be tried, heard, and determined by and before the said Officers, but be remitted to be tried and determined by the order of the Common Laws of this Realm; by reason whereof the punishment of the said offenders in such cases hath been long delayed, and sometimes their offences forgotten and not remembred, and so escape unpunished;" and then enacts, That all Treasons, Misprisions of Treasons, Murders, Manslaughters, Where and malicious strik before whom palaces or houses shed shall be tried. Rast. pl. 124. or ings in the King's Bloodsheds, and malicious Strikings, by reason whereof blood is whereby blood is or shall be shed against the King's peace, which hath been done since the feast of All Saints last past, or hereafter shall be done, within any the Palaces or Houses of his Highness or his heirs, or any other house or houses at such time as his Majesty hath been or hereafter shall happen to be there demurrant or abiding in his Royal Person, shall be from henceforth inquired of, tried, heard, and determined within any the King's Palaces houses, or other house or houses where his Majesty or his heirs shall hereafter repair unto or be abiding, in manner and form following, that is to say, before the Lord Great Master or Lord Steward for the time being of the King's most Honourable Houshold, and of his heirs and successors; and in the absence of the said Lord Great Master or Lord Steward of the Houshold, before the Treasurer and Comptroller for the time being of the King's most Honourable Houshold, and of his heirs and successors, and Steward of the Marshalsea for the time being, or two of them, whereof the Steward of the Marshalsea for the time being to be one, by virtue of their offices, without any Commission or other authority or power other than by the authority of this present act to be given unto them or any of them, which Steward of the Marshalsea shall be for ever from time to time assigned and appointed by writing, under the seal of the said Lord Great Master or Lord Steward for the time being. And whether the King's Majesty or his heirs hath or at any time hereafter shall be removed from the Palace, house or houses where such offences were or shall be done, or not removed before they be enquired of, tried, heard, and determined; yet such offences shall by the authority of this act always from henceforth be enquired of, tried, heard, and determined before the King's Majesty and his Heirs Officers and Ministers of his Household before named or two of them, as is aforesaid, by the Inquisition and Verdict of his Highness and his Heirs, Houshold Servants in his or their Check-Roll, in manner and form as before and hereafter is expressed in this present act, and at such Palace, house or houses, where his Majesty or his Heirs shall be at any time hereafter demurrant or abiding. s. 1. How a jury shall be returned to try such offence. If any person or persons so arraigned be found guilty for malicious striking, by reason whereof blood is, hath been, or shall be shed against the King's peace within the said palace or house, or any other house, or any other the said house or houses, that then every such person or persons shall from henceforth have. judgment by the said Lord Great Master, or Lord Steward (if he be absent), and in his absence by the other aforenamed, before whom such person and persons shall be so found guilty, to have his right hand stricken off before the said Lord Great Master or Lord Steward if he be there present, and in his absence before the said Treasurer, Comptroller, and Steward of the Marshalsea, or two of them at the least, whereof the said Steward to be one, and at such place or time as he or they before whom such person or persons shall be so found guilty, shall appoint execution to be done; and the same execution to be done by such person as the said Lord Great Master or Lord Steward, if he be there present, and in his absence, as the said Treasurer, Comptroller, and Steward of the Marshalsea, or two of them, whereof the Steward to be one, shall name or appoint; and also shall have judgment to have perpetual imprisonment during his life, and shall pay fine and ransom at the King's Majesty's pleasure, his heirs and successors. s. 7. this act shall Provided always, that this act before rehearsed concerning To what cases: malicious strikings, by reason whereof blood is, hath been, or not extend. shall be shed against the King's peace, ne the pains and forfeitures before rehearsed for the punishment of the same, shall not in any wise extend or be prejudicial or hurtful to any Nobleman, ne, to any other person or persons that shall happen to strike his or their servants within the said Palace or House, or any other house or houses, place or places aforesaid, or within the limits of the same, with his or their hands or fists, or with any small staff or stick, for correction and punishment for any offences committed and done, or to be committed and done, ne to any of the King's Officer or Officers that shall strike any person within the same Palace or House, or any other house or houses as aforesaid; although, by reason of the said stroke or strokes, there happen to be any blood shed of such persons as shall be so stricken, except the person so stricken do die of the same stroke within one year next after the same stroke so given. s. 26. For the mode of arraigning and trying such offenders, and carrying the judgment into execution, see title PALACES, where the above act is inserted at length. VII. Feloniously assaulting Privy Counsellors. (And see Division VIII.) If any person or persons, from and after 1st May 1711, Persons attemptshall unlawfully attempt to kill, or shall unlawfully assault and ing to kill, or strike or wound any person being one of the most Honourable striking, or assaulting and wounding any Privy Council of her Majesty, her heirs or successors, when in Privy Councillor of his office de clared felons, and in the execution the execution of his office of a Privy Councillor in Council, or in any Committee of Council, that then the person or shall suffer death. persons so offending, being thereof convicted in due form of Law, shall be and is hereby declared to be Felons, suffer Death as in cases of felony, without the clergy. 9 Ann. c. 16. Persons assault ing Members of Parliament shall yield damages to the party, and be fined, &c. at the suit of the King. The punishment of such as assault any Lord of Parliament, or Knights, Citizen, or Burgess com ing to the Parlia ment or Council. VIII. Assaulting Members of Parliament. and shall benefit of Item, because that Richard Chedder, Esquire, which was come to this Parliament with Thomas Broke, Knight, one of the Knights chosen to the same Parliament for the County of Somerset, and menial servant with the said Thomas, was horribly beaten, wounded, blemished, and maimed by one John Salage, otherwise called John Savage, it is ordained and stablished, that seeing the same horrible deed was done within the time of the said Parliament, that proclamation be made where the same horrible deed was done, that the said John appear and yield him in the King's Bench, within a quarter of a year after the proclamation made; and if he do not, the same John shall be attainted of the said deed, and pay to the party grieved his double damages, to be taxed by the discretion of the Judges of the said Bench for the time being, or by Inquest if need be; and also he shall make fine and ransom, at the King's will. Moreover, it is accorded in the same Parliament, that likewise it be done in time to come in like case. 5 H. 4. c. 6. The King, willing to provide for the ease and tranquillity of them that come to the Parliament and Councils of the King, by his commandment hath ordained and stablished, that if any Assault or Affray be made to any Lords Spiritual or Temporal, Knight of the Shire, Citizen or Burgess, come to the Parliament or to other Council of the King, by his commandment, and there being and attending at the Parliament or Council, that then proclamation shall be made in the most open place of the Town by three several days, where the assault or affray shall be made, that the party that made such affray or assault yield himself before the King in his Bench, within a quarter of a year after the proclamation made, if it be in the time of the Term, or otherwise at the next day in the time of the Term following the said quarter; and if he do not, that he be attainted of the said deed, and pay to the party grieved his double damages, to be taxed by the discretion of the Justices of the same Bench for the time being, or by Inquest, if it be needful, and make fine and ransom at the King's will: and if he come and be found guilty by inquest, by examination, or otherwise, of such affray or assault, that he shall pay to the party so grieved his double damages, found by the Inquest, or to be taxed by the discretion of the said Justices, and make fine and ransom at the King's will. 11 H. 6. c. 11. This statute appears virtually to confirm the statute 5 H. 4. c. 6. IX. Felonious Assault by Mariners on their Commander to obstruct his Defence of his Ship. Every Mariner who shall have laid violent Hands on his Commander, whereby to hinder him from fighting in defence of his ship and goods committed to his trust, shall suffer Death as a felon. 22, 23 Car. 2. c. 11. s. 9. By the statute 11, 12 W. 3. c. 7. s. 9. if any person shall lay violent hands on his Commander, whereby to hinder him from fighting in defence of his ship and goods committed to his Trust, or that shall confine his Master, shall be adjudged, deemed, and taken to be a Pirate, Felon, and Robber, and being convicted thereof according to the directions of this act, shall have and suffer pains of death, loss of lands, goods, and chattels, as pirates, felons, and robbers upon the seas ought to have and suffer. See this act at length under Title PIRACY, Division I. X. Feloniously assaulting Master Woolcombers, &c. If any person or persons shall after 24th June 1726, assault or abuse any Master Woolcomber, or Master Weaver, or other person concerned in any of the Woollen Manufactures of this Kingdom, whereby any such Master or other person shall receive any bodily hurt for not complying with, or not conforming or not submitting to any such illegal By-law, Ordinances, Rules, or orders aforesaid; or if any person or persons shall write or cause to be written, or knowingly send or cause to be sent, any letter or other writing or message threatening any hurt or harm to any such Master Woolcomber, or Master Weaver, or other person concerned in the Woollen Manufacture, or threatening to burn, pull down, or destroy any of their houses or outhouses, or to cut down or destroy any of their trees, or to maim or kill any of their cattle, |