This statute may be said to have been applicable, as far as it continued those of 22 Hen. 8, Ch. 14,
respecting clergy, &c. that were so.

    See 2 Bac. Abt. title Execution, B; and see the note on the statute of Acton Burnel, 11, Edw. 1.

    See the note on 18 Edw. 1, St. 4.

    See 1 Bac. Abt. Baron and Feme, A; and 1 Bl. Com. 435.  The act touching marriages in 1640,
directed caution to be entered that neither party was within the forbidden degrees, &c.  See also
February 1777, Ch. 12.
 

    See the note on 32 Hen. 8, Ch. 1.
 

    It is presumable that this statute as far as it concerned the continuance of actions, was in force in
the province, especially when the government was seized by the crown; but in 1751, an act was
passed for the continuation of actions, &c, which provided that suits, &c. should not be discontinued
by the death of the proprietor, which act has ceased to have any operation since the adoption of the
state government.

    By the 10th section of this statute, the benefit of clergy was taken away from several offences,
viz. from murder, which has been noted under the statute, 23 Hen. 8, Ch. 1, 2d.  From the offence
of breaking any house by day or by night, any person then being in the same house.  3d.  Robbing
any person in the highway, or near the highway.  4th.  Stealing horses, geldings or mares.  5th.
Felonious taking of goods out of a church.
    As to the 2d class, there are in the provincial records some cases of prosecutions, which appear to
have been under this statute, and still more under those of 39 Eliz. Ch. 15, and 3 and 4 W. and M.
Ch. 9, both before and after our acts of assembly respecting house breaking, in which the offenders
were capitally convicted.
    It will not be necessary to go into a particular statement of these cases, as such offences are now punishable
under the act of 1809, Ch. 138, although it does not take in all the kinds of larceny from the