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Large scale use of transportation as a criminal punishment began about 1663. It was imposed both on defendants convicted of capital non-clergyable felonies and pardoned on condition of transportation and on some defendants convicted of clergyable felonies. A judge who wished to transport such a felon could choose to test the literacy requirement strictly and find that the defendant was not literate and thus not entitled to benefit of clergy or, if the defendant was already branded for a previous offense, the judge could enforce the rule forbidding non-clerics to plead clergy more than once.
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Personal remedies include action for price and damages and are available against the buyer. The remedies in this section are purely contractual in nature but confer a number of rights on the seller.
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