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Benefit of Clergy Act 1670
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II.Judges may transport Offenders.
Refusing to be transported, or afterwards unduly returning.; Punishment.
Provided alwayes and bee it further enacted by the Authoritie aforesaid That it shall and may be lawfull for the Judges or Justices of the Court before whome such Offender shall be arraigned and condemned at their Discretion to grant a Reprieve for the Staying of Execution of such Offender and to cause such Offender to be transported to any of his Majestyes Plantations beyond the Seas there to remaine for the Space of seaven Yeares to be accompted from the Time of such Transportation and dureing all that Time there to be kepte to labour, And if such Offender shall refuse to be soe transported, or after such Transportation shall returne, or come againe into this Kingdome of England or the Dominion of Wales or Towne of Berwicke upon Tweede within the time aforesaid That then and in every such Case the Person soe returning shall be putt to Execution upon the Judgement soe given and pronounced against him.
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