An Act to take away Damage Clear. CHAP. X.

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, Taken4 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.

An Act to take away the Benefit of Clergy from him that doth Stabb another not having a Weapon Drawn. CHAP. XI.

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 Party6 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.