Forfeitures, Pains, and Penalties, as is used in other cases of (And see title Clergy, Benefit of.) $4. housebreakers, By the Statute 3 W. & M. c. 9. s. 1. all and every person and persons that shall at any time hereafter rob any other Accessaries to person, or shall feloniously take away any Goods or Chattels &c. ousted of clergy. being in any Dwelling House, the owner or any other person being therein and put in fear, or shall rob any Dwelling House in the day time, any person being therein, or shall comfort, aid, abet, assist, counsel, hire, or command any person or persons to commit any of the said offences, or to break any Dwelling House, Shop, or Warehouse thereunto belonging, or therewith used, in the day-time, and feloniously take away any Money, Goods, or Chattel of the value of five shillings or upwards therein being, although no person shall be within such Dwelling House, Shop, or Warehouse, being thereof convicted or attainted, or being indicted thereof shall stand mute or will not directly answer to the Indictment, or shall peremptorily challenge above the number of twenty persons returned to be of the Jury, shall not have the benefit of his or their Clergy. This Statute is continued by Statute 4, 5 W. & M. c. 24. s. 13.; and made perpetual by 6, 7 W. 3. c. 14. s. 1. petty treason, murder, robbery, ing, ousted of or wilful burn $5. All and every person and persons that shall maliciously Accessaries becommand, hire, or counsel any person or persons to commit fore the fact in or do any Petit Treason, Wilful Murder, or to do any Robbery in any Dwelling House or Houses, or to commit or do any Robbery in or near any Highway in Eng- clergy. land, or in any other the Queen's Dominions, or to commit or do any Robbery in any places within the Marches of England against Scotland, or wilfully to burn any Dwelling House, or any part thereof, or any Barn then having Corn or Grain in the same, that then every such offender or offenders, being outlawed thereof, or being thereof arraigned and found guilty by the order of the law, or being otherwise lawfully attainted or convicted of the same offence, or being arraigned thereof do stand mute of malice or froward mind, or do challenge peremptorily above the number of twenty persons, or will not answer directly to such offence, shall not have the benefit of his Clergy. 4, 5 P. & M. c. 4. Peers shall be tried by their Peers. s. 2. The Statute 10, 11 W. 3. c. 23. (s. 1.) enacts, that all and $ 6. every person and persons that shall at any time and times, by night Accessaries to larceny above or in the day-time, from and after May 20, 1699, in any Shop, the value of 5s. of clergy. privately in any Warehouse, Coach House, or Stable, privately and feloniously shop, &c. ousted steal any Goods, Wares, or Merchandizes, being of the value of five shillings or more (although such Shop, Warehouse, Coach House, or Stable be not actually broke open by such offender or offenders, and although the owners of such Goods or any other person or persons be or be not in such Shop, Warehouse, Coach House, or Stable to be put in fear; or shall assist, hire, or command any person or persons to commit such offence, being thereof convicted or attainted by verdict or confession, or being indicted thereof shall stand mute, or will not directly answer to the Indictment, or shall peremptorily challenge above the number of three and twenty persons returned to be of the Jury, shall by virtue of this Act be absolutely debarred and excluded of and from the benefit of the Clergy. The Statute 1 Ann. st. 2. c. 9. s. 1. reciting that forasmuch as the Counsellers and Contrivers of Theft and other Felonies, and the Receivers of Goods that have been stolen, are the principal cause of the commission of such Felonies, and, as the law now is, no accessary can be convicted or suffer any punishment where the principal is not attainted, or hath the benefit of his Clergy, enacts, that from and after 12 February 1702, if any Principal offender shall be convicted of any Felony, or shall stand mute, or peremptorily challenge above the number of twenty persons returned to serve of the Jury, it shall and may be lawful to proceed against any Accessary, either before or after the Fact, in the same manner as if such principal Felon had been attainted thereof, notwithstanding any such principal Felon shall be admitted to the benefit of his Clergy, pardoned, or otherwise delivered before Attainder; and every such Accessary shall suffer the same punishment if he or she be convicted, or shall stand mute, or peremptorily challenge above the number of twenty persons returned to serve of the Jury, as he or she should have suffered if the Principal had been attainted. And forasmuch as the said Felons (1) are much encouraged to commit such Burglaries and Felonies because a great number of persons make it a trade to receive and buy of the said Felons the Goods so by them feloniously taken, and also do make it their business to harbour and conceal the said offenders after the said facts, knowing the said Felonies and Burglaries to have been by them committed: be it therefore enacted, that if any (1) The Act in the previous sections mentions burglars and housebreakers. See title REWARDS. the fact by re stolen goods, person or persons shall receive or buy any Goods or Chattels Accessaries after that shall be feloniously taken or stolen from any other person, ceiving, &c. knowing the same to be stolen; or shall receive, harbour, or burglars, &c. or conceal any Burglars, Felons, or Thieves, knowing them to be ousted of clergy. so, shall be taken and received as Accessary or Accessaries to the said Felony or Felonies, and being of either of the said offences legally convicted by the testimony of one or credible witnesses, shall suffer and incur the pains of Death as a Felon convict. 5 Ann. c. 31. s. 5. or more Provided always, that if any such principal Felon cannot be taken so as to be prosecuted and convicted for any such offence, yet nevertheless it shall and may be lawful to prosecute and punish every such person and persons buying or receiving any Goods stolen by any such principal Felon, knowing the same to be stolen, as for a Misdemeanor, to be punished by fine and imprisonment, or other such corporal punishment as the Court shall think fit to inflict, although the principal Felon be not before convict of the said Felony which shall exempt the offender from being punished as Accessary if such principal Felon I shall be afterwards taken and convicted. s. 6. $9. Accessaries to larceny in a dwelling house to the amount of 40s. ousted of By the Statute 12 Ann. st. 1. c.7. it is enacted, that all and every person or persons that shall, at any time from and after 1 July 1713, feloniously steal any Money, Goods or Chattels, Wares or Merchandizes, of the value of Forty Shillings or more, being in any Dwelling House, or Outhouse thereunto belonging, al- clergy. though such House or Outhouse be not actually broken by such offender, and although the owner of such Goods, or any other person or persons, be or be not in such House or Outhouse, or shall assist or aid any person or persons to commit any such offence, being thereof convicted or attainted, by verdict or confession, on being indicted thereof shall stand mute, or will not directly answer to the indictment, or shall peremptorily challenge above the number of twenty returned to be of the Jury, shall, by virtue of this Act, be absolutely debarred of and from the benefit of Clergy; any Law or Custom to the contrary notwithstanding. Nothing in this Act shall extend to Apprentices under the age of fifteen years, who shall rob their Masters as aforesaid. s. 2. Lastly, The Statute 43 G. 3. c. 113. s. 5. recites that "it is convenient that Accessaries to Felonies committed within the body of any County within this Realm, should be by law liable to be tried as well in the County wherein the principal Felony M M § 10. was committed as in the County in which they so became Accessaries; and also that Accessaries to Felonies committed upon the High Seas, should be by law liable to be tried by such Court and in such manner as by the Act made in the 28th year of King Henry the Eighth [28 H. 8. c. 15. see title PIRACY.] is directed in respect to Felonies done upon the High Seas; and then enacts, that from and after 16 July 1803, in all cases whatsoever in which any person or persons shall hereafter procure, direct, counsel, or command any other person or persons to commit, or shall abet any other person or persons in committing any Felony whatsoever, or shall in anywise whatsoever become an Accessary or Accessaries before the fact to any Felony whatsoever, whether such principal Felony be committed within the body of any County within this Realm, or upon the High Seas, and whether such procuring, directing, counselling, commanding, and abetting, or otherwise becoming Accessary or Accessaries before the fact, shall have been committed or done within the body of any County within this Realm, or upon the High Seas, that then and in all such cases, the offence of the person or persons so procuring, directing, counselling, commanding, or abetting such Felony, or so in anywise becoming Accessary or Accessaries before the fact to such Felony, shall and may be inquired of, tried, determined, and adjudged, in case such principal Felony shall have been committed within the body of any County within this Realm, by the course of the Common Law, either within such County wherein the said principal Felony shall have been committed, or within the County where the said offence in procuring, directing, counselling, commanding, and abetting, or otherwise becoming Accessary or Aceessaries before the fact, shall have been committed or done; and in case the said principal Felony shall have been committed upon the High Seas, then the said offence in procuring, directing, counselling, commanding, or abetting such Felony, or of so becoming an Accessary or Accessaries before the fact to the same, shall and may be inquired of in and by such Court, and in such manner and form, as in and by the said Act [28 H. 8. c. 15.] is appointed and directed for the trying, determining, and adjudging of Felonies done upon the High Seas. Provided always, that no person or persons who shall hereafter be once tried and acquitted or convicted of any such offence in procuring, directing, counselling, commanding, or abetting any Felony, or of otherwise becoming an Accessary or Accessa ries before the fact to such Felony, whether the trial of such person or persons shall have been had according to the course of the Common Law, as in the case of a Felony committed within the body of any County in this Realm, or according to the provisions contained in the Statute made in the Eight-andtwentieth Year of the Reign of King Henry, the Eighth, as in the case of a Felony committed on the High Seas, shall be liable to be again indicted, prosecuted, or tried, for the same offence, in any Court or Jurisdiction whatsoever. XXII. Trial of Offenders committing Larceny, Robbery, or Burglary in one part of the Kingdom, and being found with the Goods in another part thereof. (And see title CLERGY, BENEFIT OF, § 5. and this title, Division XXI. The Statute 25 H. 8. c. 3. recites "that divers and many Felons and Robbers that commit and do divers and many great heinous Robberies and Burglaries in one Shire, and convey the Spoil and Robbery into any other Shire, and there be taken, indicted, and arraigned upon Felony and felonious stealing of the same Goods in the same other Shire than there where the same Robberies or Burglaries were done and committed, and not upon the same Robbery nor Burglary, for that it was not done nor committed in the same Shire where they be so indicted and arraigned, and by reason thereof the same Misdemeanors, Felons, Robbers, and Burglars have and enjoy the privilege and advantage of their Clergy, to the great hurt and loss of the King's Prerogative and great boldness of such Offenders;" and then, in consideration thereof," enacts, that if any person Offenders stealor persons hereafter be indicted of Felony for stealing of any Goods or Chattels in any County within this Realm of England, and thereupon arraigned and be found guilty, or stand mute of Malice, or challenge peremptorily above the number of Twenty Persons, as is aforesaid, or will not upon his said Arraignment directly answer to the same Felony, that then the same person the original felony was also and persons so arraigned and found guilty, or stand mute of robbery or burMalice, or challenge peremptorily above the number of Twenty glary. Persons, or will not directly answer to the Law, shall lose and be put from the Benefit of their Clergy, in like manner and form as they should have been if they had been indicted and arraigned, and found guilty in the same County where the same Robbery or Burglary was done or committed, if it shall appear to ing goods by robbery or burglary in one county and at tainted in ano ther county, shall lose their clergy, if it appear that |