AN ACT For making the Collectors Receipts For Quitrent, Crown Rent, and other Rents Due to the Crown, Full and Legal Discharges for the same; and for Limiting 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 Quitrent, Crown-Rent, and other Rents due to the Crown, full and legal Discharges for the same; and for Limiting 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 Quitrent, 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 Expense, 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 aught 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 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 Quitrent, 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 Entered 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 Sum so by him Received, and for what Gales Rend, 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 Oppressions which may be committed by their Bailiffs, or Drivers, on the Tenants Liable to pay such Quitrent, 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 Sum above Five shillings, and not exceeding Twenty shillings, the Sum of Six pence, and no more, and for every Sum above Twenty shillings, and not exceeding Five pounds, the Sum of One shilling and no more, and for every Sum above Five pounds, and not exceeding Fifteéns pounds, the Sum of One shilling Six pence, and no more, and for every Sum above Fifteéns pounds, the Sum 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 Obliged 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 been 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 Sums, 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 whereas, 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 shall remain and be kept, not only as a Charge on such Collectors respectively, but also as a Discharge to the Subject, for all Sums 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 men's Persons, and in their Houses, and other Offences, by the Privilege, 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 Dwellinghouse, the Owner, or any other person being therein, and put in fear; or shall Rob any Dwellinghouse 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 Dwellinghouse, Shop, or Warehouse, 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 Dwellinghouse, Shop, or Warehouse; 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 juty, 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 Virtue of any former Statute, he, or they are Excluded from having the Benefit of his, or their Clergy, if he or they, had been thereof Convicted by Verdict, or Confession; such person and persons, if he, or they stand Mute, or will not Answer directly to the Felony, or shall Challenge peremptorily above the Number of Twenty persons, returned to be of the jury; or shall be Outlawed thereupon, shall in like manner be Ousted of the Benefit of his, or their Clergy, as if he had been 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 Chattel, 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 to the Indictment; or shall Challenge peremptorily above the Number of Twenty persons, returned to be of the jury, 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 justices, 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 been Convicted by a jury of the said other County, he, or they, are Excluded by Virtue 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 Chattel, that shall be Feloniously taken or stolen from any other person, knowing the same to be stolen, he, or they, shall be taken and deemed 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 Chattel, Bedding, or Furniture, which by Contract or Agreément, he, or they are to use, or shall be Let 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 Chattel, 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, judgement 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 Burned in the Hand by the Gaoler, in open Court, and further be kept in Prison, for such time as the justices 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 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, certify 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 judges and justices 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 been more frequent than 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 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 than 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.