mesme eel jugement (i. e. qui ils soient ars) eye n’t sorcers et sorceresses, et sodomites et mescreauntz apertement atteyntz.’  Britt. c. 9.  ’Christiani autem Apostatae, sortilegii, et hujusmodi detractari debent et comburi.’  Fleta, L. 1. c. 37.  Sec. 2. see 3 Inst. 39; 12 Rep. 92; 1 H. P. C. 393.  The extent of the clerical privilege at the Common law, 1.  As to the crimes, seems very obscure and uncertain.  It extended to no case where the judgment was not of life or limb.  Note in 2.  H. P. C. 326.  This, therefore, excluded it in trespass, petty larceny, or killing se defendendo.  In high treason against the person of the King, it seems not to have been allowed.  Note 1 H. P. C. 185.  Treasons, therefore, not against the King’s person immediately, petty treasons and felonies, seem to have been the cases where it was allowed; and even of those, not for insidiatio viarum, depopulatio agrorum, or combustio domorum.  The statute de Clero, 25 E. 3. st. 3. c. 4. settled the law on this head. 2.  As to the persons, it extended to all clerks, always, and toties quoiies. 2 H. P. C. 374.  To nuns also.  Fitz.  Abr.  Coron. 461. 22 E. 3.  The clerical habit and tonsure were considered as evidence of the person being clerical. 26 Assiz. 19 & 20 E. 2.  Fitz.  Coron. 233.  By the 9 E. 4. 28. b. 34 H. 6. 49. a. b. simple reading became the evidence.  This extended impunity to a great number of laymen, and toties quoties.  The stat. 4 H. 7. c. 13. directed that real clerks should upon a second arraignment, produce their orders, and all others to be burnt in the hand with M. or T. on the first allowance of clergy, and not to be admitted to it a second time.  A heretic, Jew, or Turk, (as being incapable of orders) could not have clergy.  H Co.  Rep. 29. b.  But a Greek, or other alien, reading in a book of his own country, might.  Bro.  Clergie. 20.  So a blind man, if he could speak Latin.  Ib. 21. qu, 11.  Rep. 29. b.  The orders entitling the party were bishops, priests, deacons, and sub-deacons, the inferior being reckoned Clerici in minoribus. 2 H. P. C. 373.  Quaere, however, if this distinction is not founded on the stat. 23.  H. 8. c. 1; 25.  H. 8. c. 32.  By merely dropping all the statutes, it should seem that none but clerks would be entitled to this privilege, and that they would, toties quoties.

No attainder shall work corruption of blood in any case.

In all cases of forfeiture, the widow’s dower shall be saved to her, during her title thereto; after which it shall be disposed of as if no such saving had been.

The aid of Counsel,* and examination of their witnesses on oath, shall be allowed to defendants in criminal prosecutions.

     * 1 Ann. c. 9.

Slaves guilty of any offence* punishable in others by labor in the public works, shall be transported to such parts in the West Indies, South America, or Africa, as the Governor shall direct, there to be continued in slavery.