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By an Act also passed in the reign of King William, persons who counterfeit any stamp which by its mark relates to the Revenue, shall be guilty of felony without benefit of clergy, and upon this also there have been some executions.
Thus the law was dispensed with, which prohibited any man from going a judge of assize into his own county; that which rendered all Welshmen incapable of bearing offices in Wales; and that which required every one who received a pardon for felony, to find sureties for his good behavior. * Sir Edward Coke's Reports, seventh report. State Trials, vol. ii. first edit. p. 205. Parl.
And say, that such our behests being punctually discharged we will, for the sake of our vow and the weal of the Holy Land, forgive his other forfeits." "And how if the Duke of Austria deny all accession to this act of wrong and of felony?" said Thomas de Vaux. "Tell him," replied the King, "we will prove it upon his body ay, were he backed with his two bravest champions.
There the matter seemed so clear a case of felony robbery in a dwelling-house that Harvey, all protestations to the contrary, was fully committed for trial at the ensuing March assizes, then but a few days distant. At the period at which these incidents occurred, I was a young man going on my first circuits.
Coming into the United States some years after, he was arrested under a charge of homicide committed in this act, and was held to trial as for a private felony. According to my apprehensions, a proceeding of this kind was directly adverse to the well-settled doctrines of the public law.
The Catholic lawyers were disbarred and silenced; the Catholic schoolmasters were forbidden to teach, under pain of felony. Recusants, surrounded in glens and caves, offering up the holy sacrifice through the ministry of some daring priest, were shot down or smoked out like vermin. The ecclesiastics never, in any instance, were allowed to escape.
I. commonly called the Black Act, which declares that "any person, armed with a sword, or other offensive weapon, and having his face blackened, or being otherwise disguised, appearing in any warren or place where hares or conies have been or shall be usually kept, and being thereof duly convicted, shall be adjudged guilty of felony, and shall suffer death, as in cases of felony, without benefit of clergy."
"Why," said Wamba, "an your valour be so dull, you will please to learn that those honest fellows balance a good deed with one not quite so laudable; as a crown given to a begging friar with an hundred byzants taken from a fat abbot, or a wench kissed in the greenwood with the relief of a poor widow." "Which of these was the good deed, which was the felony?" interrupted the Knight.
Leger Commission, was executed in the habit of his order, on a charge of "felony," and so left hanging "as a mirror for all his brethren." The first test to which the firmness of the clergy had been put was in the Parliament convoked at Dublin by Lord Deputy Gray, in May, 1537.
"If anyone can inform my Lords the King's justices, the King's attorney-general, or the King's serjeant, ere this inquest be now taken between our Sovereign Lord the King and the prisoner at the bar, of any treason, murder, felony or misdemeanour, committed or done by him, let him come forth and he shall be heard; for the prisoner stands at the bar upon his deliverance."
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