"The clerical process being thus abolished, it was thought proper, at the same time, to empower the temporal judges to inflict a further punishment where they should regard it as proper. The eighteenth Elizabeth, c. vii. empowered them, therefore, to direct the convict to be imprisoned for a year or any shorter period. But the law on this subject was still in many respects imperfect. Females were still liable to the punishment of death, without any exemption, in all cases of simple felony; because, being never eligible to the clerical office, they were not included in any of the extensions of the Benefit of Clergy, No other proof need be adduced to show the absurdity of the very foundations of the system. At length it was enaoted that women convicted of sample larcenies under the value 10s. should be punished with burning in the hand and whipping, exposure in the stocks, or imprisonment for any period less than a year. And in the reign of William and Mary they were admitted to all the privileges of men, in clergyable felonies, on praying the benefit of the statute: though they can only once be allowed this means of escaping. In the same reign, the punishment of burning in the hand was chanced for a more visible stigma on the cheek, but was soon afterwards brought back to the original practice." Hitherto all laymen except peers, who, on their conviction, were found unable to read, were liable to suffer death for every clergiable felony. But it was at length discovered, that ignorance, instead of an aggravation, was an excuse for guilt, and that the ability to read was no extenuation of crime; and, therefore,, by fifth Ann, c. vi. the idle ceremony of reading was abolished, and all those who were before entitled to clergy on reading, were now to be admitted without any such form to its benefits. At the same time it was sensibly felt that the branding, which had dwindled into a mere form, and the year's imprisonment which the judges were empowered to inflict, were very inadequate punishments for many clergiable offences; and, therefore, the court were authorized to commit the offenders to the house of correction for any time not less than six months nor exceeding two years, and to double it in case of escaping.

"Further alterations have since been made in the penalties consequent upon clergy. The fourth Geo. I. c. xi. and sixth Geo. I. c. xxiii. provide, that the court, on the allowance of this benefit for any larceny whether grand or petty, or other felonious theft not excluded from the statutable indulgence, may, instead of judgment of burning in case of men, and whipping in that of females, direct the offender to be transported for seven years to America, which has been since altered to any part of his majesty's colonies. To return within the period, was, at the same time, made felony without Benefit of Clergy. And by several subsequent provisions, many wise alterations have been made respecting transportation, and the mode of treating offenders while under its sentence.

"At length the burning in the hand was entirely done away, and the judges were empowered to sentence the criminal, in its rooai, and in addition to the former penalties, to a pecuniary fine or, except in the case of manslaughter, to private whip-ping,, not more than thrice to be inflicted, in the presence of three witnesses. Provisions were at the same time made for the employment of this description of convicts in penitentiary louses-, where a system of reformation might be adopted, and an experiment made how far punishment might become conducive to its noblest and most legitimate use - the reformation and benefit of the offender. But this regulation, though applauded by Blackstone and other humane writers, after having been continued by several subsequent acts, was recently suffered to expire. It appears from these several modern regulations, that, as observed by Mr. Justice Foster, we now consider Benefit of Clergy, or rather the benefit of the statutes, as a relaxation of the rigour of the law, a condescension to the infirmities of the human frame, exempting offending individuals in some cases from the punishment of death, and subjecting them to milder punishment; and therefore, in the case of clergiable felonies, we now profess to measure the degree of punishment by the real enormity of the offence, and not, as the ignorance and superstition of former times suggested, by a blind respect for sacred persons or sacred functions, nor by an absurd distinction between subject and subject, originally owing to impudent pretension on one hand, and to mere fanaticism on the other."