“By the order and sufferance of God, we are king of England; and the kings of England who have gone before us never had any superior but God alone; and, therefore, know that we will maintain the right of our crown and temporal jurisdiction, as well in this point as in others, in as ample a manner as our predecessors have done before us.”[35] This decisive stand of the King concluded the agitation concerning the conflict of authority over the case of Doctor Horsey. Doctor Standish was discharged from the charge of heresy. Doctor Horsey was so far rescued from temporal power, however, that he enjoyed the free custody of the house of the Archbishop of Canterbury, until the popular clamor had subsided, when he was privately surrendered to the court of King’s Bench and having entered a plea of not guilty, it was confessed and the defendant was discharged.[36] Although the clergy thus failed to convince Henry VIII. of the true foundation of its power, in the case of Doctor Standish, it lost none of its authority against the temporal courts, in the case of Doctor Horsey, but its jurisdiction and the benefit of clergy was practically conceded by the judges of the king’s court and the privilege continued to be recognized until the 23’ year of this king’s reign, when he waged war against the whole papal authority and passed an act taking away the benefit of clergy from murder and robbery, in certain cases.[37] One of the most distinguished men known to have been accorded the benefit of clergy, in England, was the gifted Ben Jonson, the friend of “gentle Shakespeare” and the scholarly Lord Bacon. He was arraigned at the Old Bailey, in October, 1598, for the manslaughter of Gabriel Spencer, in a duel. The indictment charged that the defendant, at Shordiche, had, “with a certain sword of iron and steel called a rapiour, of the price of 3s., which he then and there had in his right hand and held drawn, feloniously and wilfully struck the same Gabriel then and there with the aforesaid sword, giving to the same Gabriel Spencer, in and upon the same Gabriel’s right side a mortal wound, of the depth of six inches and of the bredth of one inch, of which mortal wound the same Gabriel then and there died instantly.”[38] The record in this same case further shows that the prisoner when arraigned, “Confessed the indictment, asked for the book, read like a clerk, was marked with the letter T, and delivered according to the form of the statute,” which meant that the author of “Every Man in His Humor” had claimed and been accorded the benefit of clergy; that he had been branded on the left thumb with a T, generally known as the Tyburn T, and discharged.[39]