By 27 Henry VIII., c. 17, clergy was also taken away from servants who embezzled their master’s goods or property, and by 28 Henry VIII., c. 1, persons under holy orders were to be judged the same as those not under holy orders, so that real clerks were subjected to capital punishment for felony, the same as nominal clerks.[31] During the same reign, by statute 33 Henry VIII., c. 1 to 14, clergy was denied to persons practicing witchcraft or enchantment and to those making prophesies upon coates of arms, badges, etc.[32] Before the reign of Elizabeth, the granting or recording clergy had been reduced to a mere formality, but by 18’ Elizabeth, it was provided that the temporal courts should not deliver the prisoner, until he had been burned in the hand.[33] Benefit of clergy was not abolished, in England, until the year 1825, when, by statute, 7 George IV., c. 28, sec. 6, this ancient privilege of the middle ages was abolished, in that country. In the United States, by Act of Congress, April 30’, 1790, it was provided that the benefit of clergy should not be allowed upon conviction for any crime where, by statute, the punishment was death. In North Carolina, in 1816, the punishment by burning in the hand was abrogated, and, in Kentucky, the benefit of clergy was abolished, by statute, in 1847.[34] The celebrated case of Doctor Horsey, Chancellor to the Bishop of London, who, during the reign of Henry VIII., was prosecuted and adjudged guilty of the murder of John Hunne, is one of the most interesting that has come to the writer’s attention. On account of the well known position of Doctor Standish, as an advocate of the temporal power, the clergy concluded not to wait upon the procedure of the temporal courts, in Doctor Horsey’s case, but they caused a charge of heresy to be lodged against Doctor Standish, because of his advocacy of the power of the temporal courts over the persons and punishment of clerks. The clergy and the justices of the King’s Courts had a notable dispute concerning the power of the temporal courts over the persons of clerks, the clergy contending that the benefit of clergy was established by the express command of Jesus Christ, in the words, _nolite tangere Christos meos_, while the temporal justices argued that these were the words of King David, not of the Saviour at all, and that the “anointed,” referred to the believers, to distinguish them from the unbelievers, then abroad in Palestine. Those who had proceeded against Doctor Standish were adjudged guilty of a _praemunire_, when Cardinal Wolsey threw himself at the king’s feet and beseeched him to withhold his decision until the Pope could be heard from. King Henry, however, decided that the arguments of the supporters of Doctor Standish had not been answered by the clergy and concluded with all of his accustomed firmness: