under all cir cumstances consequent ment. (3 W. & M. c. 9. s. 2. 12 Geo. 3. c. 20.) provided for other statute or statutes made or to be made, the offender is or shall be excluded from the benefit on the indict- of clergy, such person shall be equally excluded from the benefit of clergy, whether he or she shall be convicted by verdict or by confession, or shall upon arraignment stand mute of malice, or will not answer directly to the charge, or shall challenge peremptorily above the number of twenty persons returned to be of the jury, or shall be outlawed upon such indictment; although the statute or statutes taking away the benefit of clergy in any such case may not expressly provide that the offender shall be excluded from the benefit of clergy in case such offender shall confess, or stand mute, or not answer directly, or challenge peremptorily above the number of twenty persons returned to be of the jury, or be out¬ lawed; and every thing herein contained shall extend as well to all accessories as to principals. (4) Felonies within be VIII. And, with regard to clergyable felonies, nefit of clergy be it enacted, That if any person shall be in provided for under all cir- (4) Shortly after the passing of this act, several alterations were made in the law, as stated in this section. In the first place, benefit of clergy has been altogether abolished by stat. 7 & 8 Geo. 4. c. 28. s. 6; but as far as relates to the offences above alluded to, and from which the benefit of clergy was taken away, they may be deemed the same as are now punishable with death. See id. s. 7. Secondly, if a prisoner now stand mute of malice, or will not answer directly to the indictment or information, the plea of not guilty is entered for him, and it is deemed the same as if he had pleaded it. Id. s. 2. And in the case of challenging peremptorily more than twenty jurors, this is no longer deemed equivalent to a conviction; but all challenges beyond the number allowed by law, are now deemed void, and the trial proceeds as if no such challenge had been made. Id. s. 3, dicted of any felony for which the offender is or shall be entitled to the benefit of clergy, and such person shall on arraignment confess the fe lony, or stand mute of malice, or will not answer directly to the charge, or shall challenge peremptorily above the number of twenty persons returned to be of the jury, or shall be outlawed, upon such indictment: in every such case such person shall be deemed and taken to be convicted of the felony; and the court shall award such judgment as if such person had been convicted by verdict; and every thing herein contained shall extend as well to all accessories as to principals. (5) fore the fact as such, or as felon, by any has jurisdic lon, although the offence abroad. c. 113. s. 5.) IX. And for the more effectual prosecution of Accessory beaccessories before the fact of felony, be it en- may be tried acted, That if any person shall counsel, procure, a substantive or command any other person to commit any fe- court which lony, whether the same be a felony at common tion to try the law, or by virtue of any statute or statutes made principal fe or to be made, the person so counselling, pro- be committed curing, or commanding, shall be deemed guilty on the seas or of felony, and may be indicted and convicted, (43 Geo. 3. either as an accessory before the fact to the principal felony, together with the principal felon, or after the conviction of the principal felon, or may be indicted and convicted of a substantive felony, whether the principal felon shall or shall not have been previously convicted, or shall or shall not be amenable to justice, and may be punished in the same manner as any accessory before the fact to the same felony, if convicted as an accessory, (5) See the note to the last section. If the offences be may be punished; and the offence of the person so counselling, procuring, or commanding, howsoever indicted, may be inquired of, tried, determined, and punished by any court which shall have jurisdiction to try the principal felon, in the same manner as if such offence had been committed at the same place as the principal felony, although such offence may have been committed either on the high seas or at any place on land, whether within his majesty's dominions or without; and that in case the principal felony shall committed in have been committed within the body of any counties, ac- county, and the offence of counselling, procuring, or commanding shall have been committed within the body of any other county, the last-mentioned offence may be inquired of, tried, determined, c. 113. s. 5.) and punished in either of such counties: provided always, that no person who shall be once duly tried for any such offence, whether as an accessory before the fact or as for a substantive felony, shall be liable to be again indicted or tried for the same offence. different cessory may (2 & 3 Ed. 6. 1. Indictment against an Accessory before the fact, together with the Principal. After stating the offence of the principal.] And the jurors aforesaid upon their oath aforesaid do further present, that Joseph Styles, late of the parish aforesaid, in the county aforesaid, labourer, before the committing of the said felony by the said A. B. as aforesaid, to wit, on the third day of November, in the year aforesaid, at the parish aforesaid, in the county aforesaid, feloniously did counsel, procure, and command the said A. B. the said felony in manner and form aforesaid to commit: against the form of the statute in that case made and provided, and against the peace of our lord the king, his crown and dignity. In a case where the offence of the principal was punishable by statute, it was objected that the statement of the principal's offence ought to have concluded "against the form of the statute," and that it was not sufficient that the indictment was so concluded; but Park, J, held it not to be necessary. R. v. Nelmes, 6 Car. & P. 347. In practice, this is never done. 2. The like, against the Accessory alone, as for a substantive Felony. in Berkshire to wit: The jurors for our lord the king upon their oath present, that A. B. late of the parish of the county of Berks, labourer, on [&c. stating the felony by the principal.] And the jurors aforesaid upon their oath do further present, that Joseph Styles, late of, [&c. as in the last form, to the end.] after the fact X. And for the more effectual prosecution of Accessory accessories after the fact of felony, be it enacted, may be tried That if any person shall become an accessory after the fact to any felony, whether the same be by any court which has jurisdiction to try the prin cipal felon. a felony at common law, or by virtue of any statute or statutes made or to be made, the offence of such person may be inquired of, tried, determined, and punished by any court which shall have jurisdiction to try the principal felony, in the same manner as if the act, by reason whereof such person shall have become an accessory, had been committed at the same place as the principal felony, although such act may have been committed either on the high seas or at any place on land, whether within his majesty's dominions or without; and that in case the prin- If the offences cipal felony shall have been committed within in different the body of any county, and the act by reason whereof any person shall have become accessory, either. shall have been committed within the body of (2 & 3 Edw. 6. any other county, the offence of such accessory may be inquired of, tried, determined, and pu be committed counties, ac. cessory may be tried in c. 34. s. 4.) Accessory may be pro conviction of though the not attainted, &c. (1 Ann. st. 2. c. 9. s. 1.) nished in either of such counties. Provided always, that no person who shall be once duly tried for any offence of being an accessory, shall be liable to be again indicted or tried for the same offence. XI. And in order that all accessories may be secuted after convicted and punished in cases where the printhe principal, cipal felon is not attainted, be it enacted, That if principal be any principal offender shall be in anywise convicted of any felony, it shall be lawful to proceed against any accessory, either before or after the fact, in the same manner as if such principal felon had been attainted thereof, notwithstanding such principal felon shall die or be admitted to the benefit of clergy, or pardoned, or otherwise delivered before attainder. And every such accessory shall suffer the same punishment, if he or she be in anywise convicted, as he or she should have suffered if the principal had been attainted. Offences com mitted on the XII. And for the more effectual prosecution boundaries of of offences committed near the boundaries of counties may be tried in counties, or partly in one county and partly in (59 G. 3. c. 96. another, be it enacted, That where any felony or either county. s. 2.) misdemeanor shall be committed on the boundary or boundaries of two or more counties, or within the distance of five hundred yards of any such boundary or boundaries, or shall be begun in one county and completed in another, every such felony or misdemeanor may be dealt with, inquired of, tried, determined, and punished in any |