from BLEACHING OR PRINTING 4 Will. and Mary, c. 9 Page 404,495 GROUNDS, or to aid therein, is felony 94 No robbery is within thele flatutes Page 492 1. 69 without clergy 79 But the court may in difcretion traniport the offender for fourteen years ibid 80 By 22 Car. 2. c. 5. embezzling NAVAL STORES to the amount of zo. but fuch as is laid "in or near the highway, and to have put the perfon robbed in fear" 495 f. 79 95 Bv 25 Hen. 8. c. 3. and 3 & 4 Will. & Mary, c. 9. robberies and burglaries tried in a different county from that in which they were committed, are excluded from clergy, if they be of fuch a kind as would have been excluded upon a conviction in the proper county is excluded from clergy 492 f. 76 81 But the court may tranfport for seven years 492, 493 82 By 14 Geo. 2. c. 6. & 15 Geo. 2. c. 34. to fteal SHEEP, OR THE OTHER CATTLE therein mentioned, is exclud-96 There is no need of an entry on re ed from clergy 493 83 By 24 Gco. 2. c. 45. to fteal goods on 493 495, 496 cord that the felony was committed in a different county 496 f. 82 But it is ufual to write on the margent of the indictment, that it is for felony in another county ibid. What judgment an offender shall receive who is convicted of an offence within clergy in the fecond county, &c. 497 1.83 99 By 3 and 4 Phil. and Mary, c. 4. acceffaries before the fact in robbery, in or near any highway, are excluded clergy 497.84 87 By 23 Hen. 8. c. 1. 25 Hen. 8. c. 3.100 By 23 & 25 Hen. 8. and 3 & 4 Will. and 3 & 4 Will. & Mary, c. 9. SACRILEGE, or robbing any church, chapel, or holy place, is excluded from clergy 494 f. 72 88 It is not facrilege within this act, unless the robbery be accompanied with a breaking 494 f. 73 89 But by 1 Edw. 6. c. 12. all perfons are oufted of clergy for feloniously taking goods out of any church, &c. 494 f. 74 90 The offender may be tried in a different county than that in which the offence fhall be committed ibid. 91 Acceffaries to fuch a robbery or taking are not excluded by any ftatute, unless the offence amount to burglary 494 f. 75 92 Quere. if facrilege is not excluded from clergy by the common law 494 f. 76 93 All perfons, not in holy orders, indicted of robbing in or near the highways," are excluded by 23 and 25 Hen. 8. Edw. 6. c. 12. and 3 & VOL. II. & Mary, c. 9. to rob any person in his dwelling-houfe, any of the family being within, and put in fear, is excluded from clergy 497 f. 85 101 By 3 & 4 Phil. & Mary, c. 4. acceffaries before are alfo excluded 497 f. 86 102 By 1 Edw. c. 12. to break a house in the day time, and commit felony therein, any person being within at the time, is excluded from clergy, whether tried in the fame or a different county 497 1.87 103 By 4 & 5 Phil. and Mary, c. 4. acceffaries before are alfo excluded ibid. 104 The breaking of a cupboard, door, or trunks, &c. or any fixture only, is not a breaking within the act 497 1.88 106 By 5 and 6 Edw. 6. c. 9. perfons found guilty of robbing any other in their dwelling houfe, or any part there. of, any of the family being within the precincts of the fame, fhall be excluded from clergy, whether the family there being shall be fleeping or waking felf, is not within the ftatute Page 501 119 The law of this cafe doubted and explained ibid. 120 By 3 & 4 Will. & Mary, c. 9. who. ever thall afft another to break any dwelling-houfe, fhop, or warehoufe thereunto belonging, in the day time, and fteal money or goods to the value of 55. although no person be therein, fhall be excluded from their clergy 501 1.99 Page 498 f. 89 107 No person found guilty of robbing any perfon in any booth or tent in any fair or market, the owner or any of his family being within, fhall be admitted to clergy, whether the family there being, be fleeping or waking 498 f. 90,91 108 No robbery is within this ftatute which is not accompanied with an ac-122 The acceffaries before to fuch a fe 498 f. 92 121 This ftatute not mentioning outhoufes, an affiftant to fuch a felony in an outhouse, not being a fhop, &c. is clearly intitled to his clergy 502 f. 106 lony in an outhouse, not being a shop, &c. are still entitled to clergy tual breaking 109 A fojourner being in the houfe at the time of the robbery, will not bring it within the ftatute 499 123 110 It is only neceffary to ftate, that divers perfons were in the house, without fhewing they were under any rela tion to the party robbed ibid. 111 By 3 and 4 Will. and Mary, c. 9. to rob any houfe in the day time, any per Jon being therein, or to aid in fo doing, is excluded from clergy ibid. ent county, 502 f. 10! But all principals in any felony within 39 Eliz. are excluded from clergy, whether in the fame or a differ502. f. 102 124 By 3 & 4 Will. and Mary, c. 9. whoever fhall rob any other person, or fhall affift, &c. to commit fuch offence, fhall not have the benefit of his clergy 502. f. 103 112 Quere, if acceffaries to a robbery in 125 In BURGLARY the principal is oufted a booth or tent are excluded, except of clergy, by 1 Edw. 6. c. 12. if any it be from the person of a man ibid. perfon be in the house at the time of 113 By 39 Eliz. c. 15. any person found the breaking and thereby put in fear guilty for felonious taking away, in the 502 f. 104 day time, money or goods to the va-126 By 18 Eliz. c. 7. principals in bur lue of 5s. in any dwelling house, or glary are excluded generally ibid. 105 the outhoufe thereto belonging, al- 127 By 3 & 4 Will. & Mary, c. 9. though no perfon be therein at the time, acceffaries before the fact are excluded fhall be excluded from clergy 500 502, 503 f. 95128 By 23 and 25 Hen. 8. and 3 & 4 Will. and Mary, c. 9. principals in ARSON are excluded from clergy 503 1.107 129 By 4 and 5 Phil. and Mary, c. 4. acceffaries to the fact before, in all cases are alfo excluded 503 f. 108 130 By 1 Edw. 6. c. 12. every peer is allowed clergy in all cafes wherein others are excluded by that act, except wilful murder 503 f. 109 131 Therefore peers are entitled to clergy, unless oufted by fome ftatute made fince Edw. 6. or revived by 5 & 6 Edw. 6. 10. ibid. 114 The ftatute fhall only extend to fuch a felonious taking as is accompanied with a breaking of the house, &c. 5co f. 96 115 A chamber in an inn of court is a dwelling-house within this act f. 97 116 A lodging in Somerset-house (an old palace) or Whitehall is not within this ibid. 17 No acceffary is oufted of clergy by this ftatute f. 98 118 He who ftands by and abets another while he breaks and enters the house, and afterwards divides the fpoil, but doth not actually enter the house him-132 By the above ftatutes clergy is taken act from from the offences, but aiders and abbet-48 By 8 Eliz. c. 4. perfons admitted to tors are not named in them Page 503(N) 133 CLERGY might be demanded by the ancient common law as foon as the prifoner was brought to the bar 503 f. 110 134 But ever since the reign of Hen. 6. it has been held not demandable till after trial 504 135 And clergy may now be allowed, by the perfon authorised to grant it, at any time or under any circumstances, before execution actually done 504 f. 111 136 The court might always admit to clergy, without its being demanded, upon evidence of the prifoner being a clerk 505 137 Except the conviction was for facrilege, or breaking the prifon of the ordinary ibid 138 The temporal judge is to decide whether the offence be within the privilege, and whether the prifoner is entitled to the benefit 505. f. 113 clergy, who have before committed any other fuch offence, and have not been indicted for the fame, may be indicted and tried for the fame, as if they had not been admitted to clergy Page 509 f. 122, 123 149 By 18 Eliz. c.7. after clergy allowed and burning in the hand according to 4 Hen. 7. c. 15. (Vide fupra, No. 146.) the prifoner, inftead of being delivered to the ordinary, fhall be difcharged 509. f. 124 150 But the court may, in discretion, inflict one year's imprisonment on fuch offenders 509, 510 151 And all perfons admitted to their clergy fhall, notwithstanding, be par to answer for all other felonies 510 f. 126 152 Since these ftatutes a conviction for a felony within clergy, and an allowance of it thereon, is as much a difcharge of all precedent felonies within clergy (though not of any others) as it was before the ftatutes 510 f. 127 A clerk convict, admitted clergy, has by it a kind of ftatute pardon, the fame as if he had made his purgation at common law 510 f. 128 The reasonableness of these con506 ftructions defended 510, 511 The admiffion of clergy reftores the party to his credit and enables him to be a witness 511 f. 129 156 Quere, if a pardon would have this ibid. 153 effect to 157 The admiffion to clergy gives the 139 How far the canon law is part of party a capacity to purchafe goods and to retain the profits of his land 511.129 158 The lands, &c. which the offender had at the time of conviction being thereby vefted in the king, shall not be directed either by pardon or purgation 511 ibid. 159 A pardon never avoids any precedent legal act ibid. 160 Purgation was rather connived at than allowed by the common law ibid. 161 The 8 Eliz. c. 4. &c. (Vide fupra, No. 148, 149.) seems to take from the fpiritual court the power of depriving the party for the crime for which he may have received clergy 512 162 Those who are exempt from burn3 A 2 ing ingin the hand fhall have the fame privi-2 lege without it, as others have with it Page 512 f. 131 163 After a man is admitted to his clergy, it is actionable to call him a felon 4 5 512.1323 164 By 5 Ann. c. 6. where perfons fhall be burnt in the hand, &c. the judge may also in his difcretion commit the offender for not less than fix months. nor more than two years, to the house of correction, &c. 512 f. 134 165 By 19 Geo. 3. c. 74. perfons con victed of felony within clergy, and li able to be burnt in the hand, may, inftead of fuch burning, be ordered to pay a moderate fine, or to be publicly or privately whipped, but not more than three times 513 f. 135 166 Such whipping, &c, fhall have the like effects and confequences as burning ibid 167 But this act fhall not abridge the power of the court to imprifon convicts for manslaughter for one year, nor any of the powers or punishments given by 5 Ann. c. 6. ibid. 168 Judgment of tranfportation is only put in the place of judgment for burning in the hand, and not in the place of the actual burning in the hand CLERK.-Vide Clergy. Appeal. Approver. Battle. Attachment. ibid. By 15 Geo. 2. c. 28. whoever shall convict counterfeiters of the gold, filver, or copper coin of the realm, shall have 401. for the two first, and 101. for the two laft offences Page 123, 124 By 6 & 7 Will. 3. c. 17. a counterfeiter or clipper of the coin, who fhall difcover and convict two offenders, shall be entitled to the king's pardon 540 The judgment for treafon by the com mon law in counterfeiting the coin is, that the convict fhall be drawn to the place of execution, and there hanged by the neck till he be dead 6301. 4 But in treasons against the coin by sta tute, it is queftionable whether the offender ought not to be drawn, hang ed, or quartered COLLATERAL.-Vide Iffue. ibid. Whether collateral matters in a different County from that of an indictment may be found in it 3131.34 COLLEGE of PHYSICIANS. Vide Phyficians. COMMAND.-Vide Acceffary No. 52 to No. 64. Bail No. 105. COMMON LAW. CLERK OF THE CROWN, ASSIZE, The 1 & 2 Phil, & Mary, which or 1 The court of the conftable and marshal ibid. 2, 3 3 The king cannot grant judicial com- 20 4 7 8 2 f. 79 5 All commiffions must be agreeable to known ftated forms 6 Whether commiffions of oyer, &c. do not come under the general notion of arits 7 21, 22 The form of a commiffion of the peace 8 Whether judges commiffions be deter- COMMITMENT. All perfons, as well private as official, having a right to apprehend for treafon or felony, are juftified in carrying their prifoner to the common gaol; except that efficers may do this by the command of another, and a private person cannot Page 180 f. 3 5 And it is most advifable for private perfons, who may apprehend another for treafon or felony, to carry him before a magiftrate, that he may, by fuch Ma. giftrate, be committed or bailed ibid. The privy council, or a fecretary of ftate, may commit for high treafon 181 The question examined whether a fecretary of state, not having a power to examine upon oath, can have a power to commit 181 (N) The common law of England knows of no fuch committing magiftrate as a fecretary of state ibid. (N) 2 The feveral cafes in which commitments have been made by fecretaries of late ibid. (N) 4 10 Commitments must be to fome prifoa in England, and regularly it ought to be to a common prifon 181, 182 11 By 31 Car. 2. c. 12 whoever shall fend a fubje&t of England prisoner into Scotland, Ireland, Jefey, Guernsey, Tangiers, or any of the king's dominiqas abroad, fhall be liable to treble colts, 500l. damages, and incur a pramunire 182 f. 5 12 By 14 Edw. 3. c. 10. the sheriff's shall have the cuftody of gaols, and employ refponfible under-keepers 182 f. 6 13 By 5 Hen. 4 c. 10 none shall be imprifoned by any juftice of the peace, but only in the common gaol ibid. 14 The king's grant of the cuftody of prifoners committed by juftices of peace is void 1821.7 18015 None can claim a prison as a franchise unless he have also a gaol-delivery 1 Perfons apprehended for offences not 2 A person in the cuftody of a messenger, |