Two ACTS I. An ACT to take away Damage Clear. II. An ACT to take away the Benefit of Clergy from him that doth Stab another not having a Weapon drawn. DUBLIN, reprinted by Andrew Crook, Printer to the Kings Most Excellent Majesty, on Ormonde-Key, 1695. An Act to take away Damage Clear. CHAP. X. WHEREAS the Moneys which are taken by Prothonotaries of Your Majesty's Courts of Kings-Bench and Common-Pleas, and by the Clerk of Your Majesty's 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 Burden to all Your Majesty's 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 Majesty's Subjects may have an easier means for the Recovery of their Damages and Just 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 Burdens, 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 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 Sum or Sums 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 Sum of Money, Bond or Security in Lieu thereof from any Plaintiff or Plaintiffs, Demandant or Demandants, in any Action where Damages have been or hereafter shall be recovered in any of the said Courts, or shall refuse or delay to Sign any judgement until Damage Clear be first paid by the Plaintiff or Demandant, he or they so offending shall forfeit Triple the Sum 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 Stab another not having a Weapon Drawn. CHAP. XI. TO the End that Stabbing and Killing Men on the sudden, Done and Committed by many Inhuman 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 Tranquillity 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 been 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 Stab or Thrust any Person or Persons that hath not then any Weapon Drawn, or that hath not then first stricken the Party which shall so Stab 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 Forethought, yet the Party 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. FINIS.