Without repeating what is found in the books concerning the former course of delivering over the
persons who were discharged from the sentence of the law to the ordinary, it will be sufficient to
state, that it was under the 2d section of this statute, that persons allowed the benefit of clergy were
not to be delivered to the ordinary, but (after burning in the hand,) to be enlarged out of prison by
the justices.  There could be nothing apparently to prevent the justices from detaining the person in
prison for a year, according to the power given in the 3d section, but I have not met with any instance
of its being done.
    As to the 1st section, by which the benefit of clergy was taken away from any person committing
a rape, there can be no doubt of its having been practised under, in the province and in the state.  See
the note on 13 Edw. 1, Ch. 34 as to this section and section 4; and see the act of 1809, Ch. 138.
As having some bearing on the offence described in section 4, I shall mention a case in 1743, of an
assault on a girl under 10 years of age, and attempting to ravish her.  The person was found guilty,
and fined 20l. and recognized for his good behaviour.
 

    See the note on 18 Edw. 1, St. 4.
 

    See the note on 4 Hen. 7, Ch. 24.

    See the note on 1 Edw. 6, Ch. 12.  the last section of this statute took away the benefit of clergy
from accessaries after.
 

    See the note on 1 Edw. 6, Ch. 12.
 

    See the note on 21 James 1, Ch. 23, last part.