Charles II, 1670 & 1671
An Act to p[re]vent Malitious maiming and wounding.

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History of Parliament Trust

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John Raithby (editor)

Year published

1819

Pages

691-692

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'Charles II, 1670 & 1671: An Act to p[re]vent Malitious maiming and wounding.', Statutes of the Realm: volume 5: 1628-80 (1819), pp. 691-692. URL: http://www.british-history.ac.uk/report.aspx?compid=47423 Date accessed: 03 September 2014.


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Preamble

Sir Thomas Sandys, &c. not rendering them selves by a Day to be perpetually banished.

Whereas upon the one and twentyeth day of December in the yeare of our Lord One thousand six hundred and seaventy a violent and inhumane Attempt was made upon the person of Sir John Coventry Knight of the honourable Order of the Bath being a Member of the Commons House of Parliament and then attending the Parlyament, and upon the person of his Servant William Wilkes by a considerable number of armed men, both on Foote and Horsebacke whereby the said Sir John Coventry and his said Servant then lost severall Goods, and the said Sir John Coventry received diverse Wounds some of which were given him in such barbarous manner that some of the Offenders held him whilst others wounded him. And whereas by severall Bills of Indicttment found by the Grand Jury for the Citty and Liberty of Westminster, where the said Facts were committed Sir Thomas Sandys Knight, Charles Obrian Esquire, Symon Parry and Miles Reeves among others stand indictted of Fellony and Robbery for the same but have fled from Justice not dareing to abide a legall Tryall, Bee it therefore enacted by the Kings most Excellent Majestie by and with the advice and consent of the Lords Spirituall and Temporall and of the Commons assembled in Parliament and by the authoritie of the same That if the said Sir Thomas Sandys Charles Obrian Symon Parry and Miles Reeves shall not render themselves to the Lord Cheife Justice of his Majestyes Court of Kings Bench or to some other of the Justices of the said Court on or before the tenth day of March in the yeare of our Lord One thousand six hundred and seaventy in order to their Tryalls for the Facts aforesaid That then such of them the said Sir Thomas Sandys Charles Obrian Simon Parry and Miles Reeves as shall not soe render himselfe as aforesaid shall and doe suffer perpetuall Exile and be for ever banished this Realme and all other his Majestyes Dominions.

II. Adjournment of the Gaol Delivery for Middlesex.

[And bee it enactted That the Goale delivery for the County of Middlesex and the Citty of London which is intended to be holden the two and twentyeth day of February One thousand six hundred and seaventy shall be adjourned till the said tenth day of March, and the Justices of the said Goale delivery or any two of them are hereby authorized and required to adjourne the same accordingly, and that noe Tryalls shall be there proceeded upon before the tenth day of March aforesaid. (fn. 1) ]

III. Sir Thomas Sandys, &c. not rendering, or returning and not rendering themselves, adjudged Felons.

And if the said Sir Thomas Sandys Charles Obrian Simon Parry and Miles Reeves or any of them shall not render themselves as aforesaid, and shall at any time returne into or be found in England, or any other his Majestyes Dominions after the said tenth day of March Then such of them the said Sir Thomas Sandys Charles Obrian Symon Parry and Miles Reeves as shall not render himselfe and yet returne or be found as aforesaid shall from the said one and twentyeth day of December in the yeare of our Lord One thousand six hundred and seaventy be deemed and adjudged to be guilty of the said Fellonyes and Robberyes, and shall by vertue of this Actt be adjudged to be convictted [and attained (fn. 2) ] of Felony and Robbery without any benefit of Clergy to all intents and purposes as if they had beene thereof convicted and attainted by due Tryall and Judgement of Law and shall suffer such paines [penalties (fn. 3) ] and forfeitures as by Law are to be inflicted upon Felons attaint not haveing benefitt of Clergy.

IV. No Pardon for the said Sir Thomas Sandys, &c. but by Actt of Parliament, and to be therein particularly named.

And bee it further enacted by the Authoritie aforesaid That neither the said Sir Thomas Sandys Charles Obrian Symon Parry Miles Reeves nor any who upon the attempt aforesaid actually tooke away any Goods from the persons of Sir John Coventry or his said Servant, or acttually gave any Blow or Wound to the said Sir John Coventry or his said Servant, or held or kepte downe the said Sir John Coventry or his said Servants while they the said Sir John Coventry and his said Servant or either of them were robbed beaten or wounded, nor any who commanded the Party either of Horsemen or Footemen in executeing the aforesaid vilanous and barbarous attempt shall be pardoned any of the Offences in this Actt mentioned, but are made incapeable of any Pardon for the same from the Kings Majestie his Heires and Successors unlesse by Actt of Parlyament, wherein such person or persons shall be perticularly named.

V. Any of the Offenders (Exception) rendering themselves and informing;

and giving Security to give Evidence; Pardoned.

And bee it further enactted by the authority aforesaid That if any the said Offenders other then the said Sir Thomas Sandys Charles Obryan Simon Parry and Miles Reeves and such as did acttually rob, strike, or wound the said Sir John Coventry or his said Servant, or held or kept them or any of them downe, till they or either of them were robbed, beaten or wounded as aforesaid, and other then such as commanded any Partie in the said attempt shall before the [eigth (fn. 4) ] day of March in the yeare of our Lord One thousand six hundred and seaventy voluntarily render him or themselves to the Lord Cheife Justice of the said Court, of Kings Bench, or to some other of the Justices of the said Court, and acknowledge his said Offences and declare his whole knowledge of the Factts aforesaid, and of the persons actting therein, and shall discover to the Lord Cheife Justice or other Justice as aforesaid some of the persons, who wounded or held, robbed or strucke as aforesaid Sir John Coventry or his Servant, or commanded as aforesaid, and shall give such Security as the said Cheife Justice or other the said Justice before whome such Render shallbe made as aforesaid shall thinke reasonable to give Evidence, if lawfully required against the Offenders by this Actt made incapeable of Pardon, soe that the said Lord Cheife Justice or such other Justice of the said Court, to whome such Render shall be made as aforesaid shall be satisfied that he or they soe rendering him or themselves have declared the truth according to the best of their knowledge, and obtaine a Certificate from the said respecttive Cheife Justice, or Justice before whome such Render was made to that effectt under the Hand and Seale of the said Cheife Justice or Justice, He and they soe rendering him and themselves and delareing as aforesaid shall by the authority aforesaid be pardoned the said Assaults, Felonies and Robberies, and immediately from and after the obtaining such Certificate as aforesaid he and they soe rendering him and themselves and declareing as aforesaid shall be deemed adjudged and taken to be hereby to all intents and purposes pardoned acquitted and discharged from the said Crimes and Felonies and from all further Prosecutions and Imprisonments, Indicttments, Convicttions Attainders Paines, Penalties or Forfeitures that may accrew for the same.

VI. Malicious maiming made Felony.

Proviso for Blood, Dower, &c.

And for the prevention of the like mischeifes for the time to come, Bee it further enacted by the authority aforesaid That if any person or persons from and after the fower and twentyeth day of June which shall be in the yeare of our Lord God One thousand six hundred seaventy and one on purpose and of malice forethought and by lyeing in waite shall unlawfully cutt out, or disable the Tongue, putt one out an Eye, slitt the Nose, cutt off a Nose or Lipp, or cutt off, or disable any Limbe or Member of any Subjectt of his Majestie with intention in soe doeing to maime or disfigure in any the manners before mentioned such his Majestyes Subject, that then and in every such case the person or persons soe offending, their Councellours Ayders and Abetters (knowing of and privy to the Offence as aforesaid) shall be and are hereby declared to be Felons, and shall suffer Death as in cases of Felony without benefit of Clergy. Provided That noe Attainder of such Felony shall extend to corrupt the Blood or forfeite the Dower of the Wife, or the Lands Goods or Chattells of the Offender.

VII. Session of Parliament not determined.

Provided alwayes and it is hereby declared and enacted That his Majesties Royall Assent to this Bill shall not determine this Session of Parliament.

Footnotes

1 annexed to the Original Act in a separate Schedule.
2 interlined on the Roll.
3 punishments O.
4 eighth O.