case Armstrong against lisle appeal lodge against a convict of manslaughter  but not prosecute he be bail before clergy have S c ante S c post S c Kely S c  Trem S c skin S c Carth S c comb S c salk S c holt appeal of murder the  appellee be bring to the bar and it be move that he may have his clergy on his  conviction of manslaughter on a indictment whereon he be try last assize for  Cumberland holt chief justice there have be resolution that the judge may  defer the allowance of clergy to a prisoner to expose he to a appeal in the  case of gore v deering the prisoner be convict of manslaughter and clergy  respite and on a appeal bring he plead all this matter but his plea be  disallow by advice of all the judge I try he on the appeal but I must confess  I be never satisfy with that resolution be of opinion that it be the duty of  the court to allow the prisoner his clergy the same assize or session wherein  he be convict the clergy in the time of Edward the three complain that after  clerk be convict of felony the judge delay the give they their clergy on  suggestion that there be other matter against they which they may do on this  modern report account because till the twentythird year of Henry the eight  clergy be allow in all case except treason and if a man have his clergy once  the deliver he over to the ordinary be a absolute discharge of all offence  before clergy have but notwithstanding this reason they complain thereof  whereupon Edward c be make which stand unrepealed whereby it be enact that a  clerk shall be present arraign for all his offence or otherwise deliver to the  ordinary where by the word present be mean the same session or assize I e the  party shall have his a see S p king v keat ante modern report er p clergy the  same session c wherein he be convict now then if by this statute the party  must have his clergy the same session wherein he be convict and you have lodge  a appeal you may go on herewith but if you will not go on you must not delay  he of his clergy the Henry c provide that auterfoits convict shall be no bar  in a appeal unless clergy have the design whereof be to save the right of the  church by which the have of clergy be a discharge not only for the offence for  which he be convict but also for all other offence before so that have of  clergy on conviction of manslaughter be a discharge of a indictment for  larceny or other such crime before the statute of Elizabeth c if a man be  guilty of two felony in one whereof he may have have his clergy in the other  not and he have his clergy in one before he be arraign of the other the other  be hereby discharge for remedy of which the statute be make stone case in dyer  b which be obscure report be remarkable in this case stone have commit two  felony in one whereof he may have his clergy in the other not he be first  indict of the felony where clergy lie and convict and have clergy but no entry  make of his be deliver to the ordinary and the next session he be convict of  the other felony but judgement be respite and the advice of all the queen  judge and sergeant be take whether he shall have judgement to be hang or  deliver to the ordinary but that be not do they be divide seven against seven  but at length the opinion of the latter seven prevail that he shall not be  hang because if he have have his clergy it will have be a discharge of all  other felony commit by he before that conviction and the delay thereof be the  act of the court shall not turn to his prejudice now I think a man  notwithstanding his be find guilty of manslaughter may be appeal the same  session before clergy have but to make no determination modern report in this  point we be to consider now whether he may be bail   Ent Cit indictment there  be a indictment at the assize for murder the party find guilty of manslaughter  the conviction remove into this court where he be bail wherefore per holt  chief justice et totan curium let he be bail and after his clergy be allow he  for the reason before give by holt chief justice