THE USE OF THE LAW. 217 



of all the prisoners in it. But because some prisoners hare 

 their books, and be burned in the hand and so delivered, it 

 is necessary to show the reason thereof. This having their 

 books is called their clergy, which in ancient time began 

 thus. 



For the scarcity of the clergy, in the realm of England, Book allowed 

 to be disposed in religious houses, or for priests, deacons, to clergy for the 

 and clerks of parishes, there was a prerogative allowed to them^ be dis- 

 the clergy, that if any man that could read as a clerk were posed in reli- 

 to be condemned to death, the bishop of the diocess might, g ious houses. 

 if he would, claim him as a clerk, and he was to see him 

 tried in the face of the court. 



Whether he could read or not, the book was prepared 

 and brought by the bishop, and the judge was to turn to 

 some place as he should think meet, and if the prisoner 

 could read, then the bishop was to have him delivered over 

 unto him to dispose of in some places of the clergy, as he 

 should think meet. But if either the bishop would not 

 demand him, or that the prisoner could not read, then was 

 to be put to death. 



And this clergy was allowable in the ancient times and Concerning the 

 law, for all offences whatsoever they were, except treason allowing of the 

 and robbing of churches, their goods and ornaments. But pSer! 

 by many statutes made since, the clergy is taken away for Clergy allowed 

 murder, burglary, robbery, purse-cutting, horse-stealing, in a11 offences 

 and divers other felonies particularized by the statutes ^robh^ngo&quot; 

 to the judges ; and lastly, by a statute made 18 Elizabeth, churches, and 

 the judges themselves are appointed to allow clergy to such now taken 



as can read, being not such offenders from whom clergy is a * w ? y . y many 



i t ill- i statutes. 



taken away by any statute, and to see them burned in the i. in treason. 

 hand, and so discharge them without delivering them to 2 - In burglary. 



the bishop, howbeit the bishop appointeth the deputy to 4] 

 attend the judges with a book to try whether they could ting. 



read or not. p. Horse-steal- 



The third commission that the judges of circuits have, is |f; ^e^of-&quot; 

 a commission directed to themselves only, and the clerk of fences particu- 

 assize to take assizes, by which they are called justices of larized n seve- 

 assize, and the office of those justices is to do right upon S SKf is 7 

 writs called assizes, brought before them by such as are Eliz. the judges 

 wrongfully thrust out of their lands. Of which number of are appointed to 

 writs there was far greater store brought before them in andTo^Sem 

 ancient times than now, for that men s seisins and posses- burned in the 

 sions are sooner recovered by sealing leases upon the ground, hand &amp;gt; and to 



prisoners without delivering them to the bishop. 



