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Clerks of Assize (Fees) Act 1698
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VI.
Offenders entitled to Benefit of Clergy, to be burnt in the Cheek instead of the Hand, in open Court.
And forasmuch as many Evil-disposed Persons might be deterred from offending should the Punishment by Law to be inflicted on such Persons be made more visible Be it further enacted That from and after the said Twentieth Day of May One thousand six hundred ninety nine all and every Person and Persons who shall be convicted of or for any Theft or Larceny and shall have the Benefit of the Clergy allowed thereupon or ought to be burnt in the Hand for such Offence instead of being burnt in the Hand shall with the usuall Mark wherewith such Offenders according to the Laws now in force ought to be burnt in the Hand be burnt in the most visible Part of the Left Cheek [X1nearest the Nose which Punishment shall be inflicted in Open Court in the Presence of the Judge who is hereby directed and required to see the same strictly and effectually executed] Any former Law or Statute to the contrary thereof in any wise notwithstanding
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X1annexed to the Original Act in a separate Schedule.
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