case stevens case if principal be find guilty of grand larceny and have his  clergy allow or be burn in the hand a accessary convict of receive such  principal do not forfeit his land or good foster hawk Com dig Bac ab Stevens  and Alice his daughter be indict at the session of the peace in the county of  Cambridge before the justice of peace there because the say Alice felonious  steal a rake and a fork of the value of three shilling and a rope of the value  of eighteenpence and that Stevens the father know thereof receive and comfort  the say Alice and so be accessary and hereupon they be arraign and plead not  guilty by mean of one spicer the undersheriff who return two of his servant to  be of the jury as appear by affidavit of some of the juror they be find guilty  and Alice the principal because the good be under value and accord to the  statute be award to be burn in the hand and that she shall a Inst hawk p c  croak car er p forfeit all her land and tenement good and chattel and against  the say Stevens judgement be give because he have pray his book and be return  legit ut clergyman that he shall be burn in the hand and so it be do immediate  to they both and that he shall forfeit all his land and good and present the  undersheriff seize the land and also the good and chattel of the say Stevens  be of the value of five hundred pound and return into the exchequer that he  seize his good only to the value of three shilling as it be inform at the bar  and upon this judgement Stevens bring a writ of error Grimston be of counsel  with the plaintiff assign error in the judgement croak car and Berkley and  myself be only in court upon read of the record hold it to be manifest error  for the principal not be attaint but discharge by burn in the hand only accord  to the statute the accessary ought to have be discharge without any burn in  the hand and without be put to his book for where a man be principal and  another be accessary to he after the fact and both of they be convict if the  principal pray his clergy and have it allow and be burn in the hand because be  be return legit c the accessary be to be discharge without be put to his book  for he ought not to be condemned but where the principal be attaint and not  where be be convict only and have his clergy and so be the common experience  and practice also the judgement be erroneous give because it be that he shall  forfeit his land and tenement after such conviction and clergy allow wherefore  the judgement be reverse and the clerk of the crown be appoint to draw a  information upon this misdemeanour for the procure of the say Stevens in such  a undue manner to be convict