An exact abridgement in English of the eleven books of reports of the learned Sir Edward Coke, knight, late lord chief justice of England and of the councel of estate to His Majestie King James wherein is briefly contained the very substance and marrow of all those reports together with the resolutions on every case : also a perfect table for the finding of the names of all those cases and the principall matters therein contained / composed by Sir Thomas Ireland.

Alexander Powlters Case, 12. Jacobi, fol. 29. In∣dictment.

A. P. felleo animo, burned a House in New-market, whereby the greatest part of that Towne was burned.

Resol. He shall not have his Clergy, for this was

felony by the Common Law, and so haynous, that he was not replevishable, no more then for Treason, as appeares by Westminst. 1, cap. 15. but he shall have his Clergy at the Common Law; for impediments to have Clergy, were first disability to be a member of holy Church, as a blind man, or woman.

2. Heresie.

3. Infidelity, as a Saracen or Jew, but a man ex∣communicated, or outlawed, shall have it.

5. Confession before the Statute of Articuli Cleri, cap. 15. because he cannot make his purgation.

6. High Treason, or petty Treason before 25. E. 3. cap. 4. So of Sacriledge, and of insidiatores viarum, & depopulatores agrorum: See the Statute of 4. H. 4. cap. 2. but the Statute of 23. H. 8. cap. 1. taketh away Clergy where one is found guilty of burning of Houses, but that is to be intended by verdict or con∣fession; for if hee stand mute, or challenge more then he ought, or be outlawed, these are out of the Statute, or if he commit Burglary, and not Robbery, he shall have his Clergy; by 25. H. 8. cap. 3. hee who is found guilty of any of the sayd offences shall loose his Clergy; and if he stand mute, or challenge above his number, but that extends to the princi∣pall onely in case of indictment, and not to the ac∣cessory before the fact, nor to appeales or approve∣ments, nor to outlary; but these two Statutes were taken away by 1. E. 6. cap. 12. but 25. H. 8. was revived by 5. & 6. E. 6. cap. 10.

Obj. That the sayd Statute was not revived in all, but as to stealing of Goods in one County, and fly∣ing into another, for so is the stile of the Act.

2. If it be revived, this takes not away Clergy, where one is found guilty by Verdict; but the Sta∣tute of 23. H. 8. which is not revived. But it was Re••olved that the intire Act is revived.

1. Although the Statute of 5. E. 6. reciteth these offences solely, and reviveth the Act as to Clergy, touching such offences, that shall be intended such in mischeife; so Westminster, 2. cap. 5. is expounded touching Infants having advowsons, whether they be in ward or not; and the stile is not to the purpose, for many Statutes are of greater extent then the stile, as 27. H. 8. of uses concerning Joyntures; yet the preamble is of transferring uses into posses∣sion, also otherwise these words and every clause, &c. shall be surplusage, if it extend not to all the Act, for there is but one clause in it which concerneth the offences in 5. & 6. E. 6. also it is that every Article concerning Clergy as to such offences shall be revi∣ved, and there is but one which concernes these of∣fences; and many times penall Statutes are taken by Equity, as 8. H. 6. cap. 12. ordaineth that the imbezelling, or withdrawing a Record, whereby a Judgement may be reversed, shall be Felony, and by Equity, making of a badd Judgement good, is Felo∣ny; so 25. E. 3. for killing of a Master, extends to the Mistris.

2. 25. H. 8. takes away Clergy, where one is found guiltie by Verdict; because it takes away if he stand mute, or challenge, &c. in like manner as if he were guilty after the Lawes of the Land, which are affir∣mative words: And 4. & 5. Phil. & Mary, cap. 4. takes away Clergy from the accessory before, which they would not have done if they had not thought that it was taken away from the principall by the o∣ther Act. By 18. Eliz. cap. 7. Clergy is taken away in case of Burglary, where hee is found guilty by Verdict, confession, or Outlary; but if he be indi∣cted at the Common Law, and stand mute, or chal∣lenge over, &c. he shall have it, and not if hee be indicted by 23. H. 8. or 5. E. 6. of Burglary, and

put them who were in the House in feare with Rob∣bery, or upon 1. E. 6. without Robbery: 4. & 5. Phil. & Mary, takes away Clergy where one is ac∣cessory before to a Robbery in a dwelling House; Ergo, before that such an accessory shall have it: Breaking of a House in the night without Robbery, is no Burglarie, and if he doth robb he shall have his Clergy, if none were put in feare, or that any of the Family (and not a Stranger) be not in another part of the House; but this was before 39. Eliz. cap. 15. whereby clergy is taken away without putting any feare, if he rob any man of above the value of five shillings.

Accessory before in robbing a House in the day is ousted of Clergy by 4. & 5. Phi••. & Mary. Ac∣cessory in robbing a Booth in the night or day, or out House upon 39. Eliz. shall have his Clergy: No∣ta, Although a Statute takes away Clergy from the principall, yet the accessory before or after, shall have it; and where by statute for any offence a man is ousted of his Clergy, the indictment must containe the offence, with the circumstances in the Statute: Dyer, 99. and 183. And A. P. was ordered to be hanged in Chaines, &c.