Of him whom the xij. men pronounce guiltie, the Judge asketh what he can say for himselfe: if he can reade, he demaundeth his Clergie. For in many felonies, as in theft of oxen, sheepe, money, or other such things which be no open robberies, by the high way side, nor assaulting one by night in his house, putting him that is there in feare, such is the favour of our Lawe, that for the first fault the felon shalbe admitted to his Clergie, for which purpose the Bishop must send one with authoritie vnder his seale to be Judge in that matter at euerie gaole deliuerie. If the condemned man demandeth to be admitted to his booke, the Judge commonly giveth him a Psalter, and turneth to what place he will. The prisoner readeth as well as he can (God knoweth sometime very slenderly:) then he asketh of the Bishops commissarie, _legit vt clericus_? The commissarie must say _legit_ or _non legit_, for these be wordes formall, and our men of Lawe be very precise in their words formall. If he say _legit_, the Judge proceedeth no further to sentence of death: if he say _non_, the Judge foorthwith, or the next day proceedeth to sentence, which is doone by word of mouth onelie, [gives the form of the death sentence] he that claimeth his Clergie, is burned forthwith in the presence of the Judges in the brawne of his hand with a hot yron marked with the letter T. for a theefe, or M. for a mansleer, in cases where Clergie is admitted, and is deliuered to the Bishops officer to be kept in the Bishops prison, from whence after a certaine time by an other enquest of Clarkes he is deliuered and let at large: but if he be taken and condemned the second time, and his marke espied, he goeth to hanging.[146] A shrewd observer, Monsieur César de Saussure, gives an account of the proceeding in 1726: Clergy, he says, was formerly a privilege restricted to churchmen, but is to-day extended to lay persons convicted to certain crimes, and particularly of manslaughter. In virtue of this privilege, a New Testament in Latin and in blackletter is presented to the criminal, who is required to read two verses. If the person appointed to make him read says these words, “Legit ut clericus,” that is to say, “He reads like a clerk,” which he always does, however ill the prisoner has read, the prisoner is simply marked in the palm of the hand with a hot iron, which he has the further right on payment of thirteen pence halfpenny to have plunged in cold water before it is applied. Then he is set free.[147] The privilege of clergy was constantly narrowed, but was totally abolished only in 1827 by 7 and 8 George IV., c. 28. The following were the provisions respecting bigamy in the old sense of the word:—