Armstrong versus lisle mich W skin salk Kelyng Lisle be indict of murder and  convict of manslaughter whereupon he pray his clergy by a friend not be in  court himself and after at the same assize a appeal be lodge by the brother  and heir of the party kill and the conviction and appeal be remove by  certiorari and the party by habeas corpus and at the return of the certiorari  it be move by the appellant that he may file a letter of attorney in which  case the court will not make any rule but say that he may do it at his peril  for if he file a letter of attorney and the law require a appearance in person  the appeal will be discontinue holt CJ the appellee ought after the appeal  return upon the certiorari to sue a to know facias against the appellant ad  prosequendurn because the appellant have no day in court and here the chief  justice incline that the court ought not to refuse to allow clergy to one  convict of manslaughter but in regard of some contrary resolution be think it  fit to be argue and he say that he have argue it both way but never be satisfy  in his judgement with the resolution that have be give that they may respite  clergy for by this mean it will be in the power of the judge to hang a man and  at the return of the conviction the appellant S counsel take exception to it  which holt CJ will not allow and say that they be stranger to this record and  have not any authority to take exception at another day judgement be pray for  the king against the prisoner on the indictment and the defendant be ask d  what he have to say why judgement shall not pass against he pray d his clergy  et per cur if the defendant have pray it at the session of gaoldelivery it can  not have be deny he there now he be here we can give judgement against he  without ask what he have to say why judgement shall not be give holt KB nor  can we deny he here what can not have be deny he there hereupon his clergy be  allow he and now it be question whether the appellee ought to be arraign again  on the bill of appeal and the court say the appellant must arraign the  appellee de to make new but be not to make a new count for the arraignment be  no commencement but a reviver thereof upon this the appeal be arraign by the  appellant S counsel who read the count c and at last the appellee be allow to  stand upon the old recognizance till another day that he may have time to find  bail and to plead and every thing to be enter as of this day on the day  appoint the appellee plead the indictment and conviction of manslaughter at  the session of gaoldelivery which be remove into b r and that no judgement be  thereupon give and that at the time of the conviction he be and yet be a clerk  and then pray his clergy and offer to read as a clerk if the court will have  admit he to it and that afterward sure die c last be demand by this court why  judgement shall not be give against he he pray the benefit of clergy which be  allow and he read as a clerk and be burn in the hand prout per record c and as  to the felony and murder he plead not guilty the appellant reply that he  demand the appellee to plead at the session of gaoldelivery and that he refuse  to which the appellee demurrer now the replication be hold nought the question  be upon the bar videlicet whether a conviction of manslaughter on a indictment  of murder and clergy allow thereon holt KB er p can be a bar to a appeal  precedent or concurrent with the indictment and the plea in this case be  adjudge a good bar to the appeal by holt CJ at commonlaw auter foits convict  or acquit be a good bar to a appeal for no man S life ought to be twice  endanger for the same offence and so the law will be at this day have not the  statute of h c alter it by which acquit or convict on a indictment be make no  plea in appeal unless clergy he have thereupon and the word of the statute be  general so as to extend to all appeal whether subsequent antecedent or  concurrent and as for the have of clergy it have be hold that pray of clergy  be have of clergy within the statute for by pray it the prisoner have do all  that he can here be indeed no regular holt KB prayer make to have clergy at  the gaoldelivery because the appellee be never call to judgement by the court  and if the court will not proceed to judgement and ask the party what he can  say why judgement shall not be give against he whereby he have no opportunity  to pray his clergy it be the default of the court and not of the party and  therefore shall not prejudice he who have do all in his power appearance