case crying Euhan and FINCHS case a abettor of a robbery on Elizabeth c if be  do not actual enter the house be not within the statute though be see the  principal take the money Jones Inst chamber in the inn of court and chancery  be the mansionhouse of their respective inhabitant to oust a offender of  clergy under the Elizabeth c there must be a break of some part of the house  Evans and finch be arraign at the gaol delivery of Newgate for that they about  twelve of the clock in the forenoon break open house mansionalem hugonis  Audley in the Inner temple no person be in the say house and steal from thence  forty pound upon the evidence it appear that the say Evans by a ladder climb  to the upper window of the say Hugh audley chamber and take out thereof the  say forty pound and that the say finch stand upon the ladder in the view of  the say Evans and see Evans in the chamber and be assist and help to the  commit of the say robbery and take part of the money croak car and all this  matter be find it be adjudge because the say finch do not enter into the  chamber that he be not within the statute of Elizabeth c which take away  clergy where a house be break open and the robbery be above the value of five  shilling no person be therein and that he shall have his clergy which be allow  he a and as for Evans the special verdict find that it be in the chamber of  Hugh Audley in the Inner temple and that the robbery be commit betwixt twelve  and one of the clock in the daytime no person be within the chamber at the  time of the break thereof but that diverse person be in the Inner temple hall  and in other place of the house and whether this be a break open the house and  take of good above the value of five shilling no person be within the house  and within the say Act of Elizabeth c they pray the discretion of the court  and first it be resolve that a chamber of any inn of court or chancery b vide  dyer cotton case and dyer Edward Fol ultimo   Doddingtons case fol Plowd  Wrothsley and Adam case a the reason of the difference be because clergy be  take away only from the person take and not from the offence ld Ra see also  Inst   ld chief b Parker ms I hale hale sum Kely foster and Hawkins plea of  the crown ch S who doubt the propriety of this decision but the question be  now settle by the will mary c which exclude clergy from all aider c in such  case see burr croak car er p break open may be say to be house mansionalis of  he who be owner of the say chamber whereof at first I doubt until I be inform  that diverse precedent be for burglary in break open such chamber second it be  resolve upon this special verdict be remove by certiorari into the king bench  and the prisoner remove by habeas corpus that this break b open the chamber  and take forty pound out thereof no person be therein although there be  diverse person in other part of the house c be within the statute of Elizabeth  c which take away clergy from such offender whereupon clergy be deny to the  say Evans and judgement give in the king bench that he shall be hang