BENEFIT OF CLERGY

In Law, originated in the immunities from municipal jurisdiction enjoyed in many states of Europe by the Roman Catholic clergy during the middle ages. W^hen a person Indicted for certain offences (most of those subjecting the offender to capital or corporeal punishment, excepting high treason) pleaded that he was a clerk or clergyman, and claimed privilege, he was demanded by his ordinary: a jury was summoned, and he was tried: and, according to their verdict, delivered to the ordinary as acquit or convict, to undergo canonical purgation, and to be discharged or punished according to the result of such purgation. "The proof of clergy, at first strictly required, was at last so relaxed, that it was only nece ary lor the offender to show that he was able to read. The bishop's commi ary was present, to decide whether or not he pa ed the test satisfactorily. This loose mode of acquiring the privilege was first restricted by the stat. 4 H. 7. c. 13., which provided that offenders who had been allowed their clergy should be " burnt in the thumb," and If they claimed It a second time, be required to give proof of being actually In orders. By 18 Ellz. c. 7., the second trial by compurgation before the ordinary (which had become a mere fiction) was abolished, and the judges were empowered to Imprison the person who had benefit of clergy for a year. If they thought proper. By various subsequent statutes, the burning In the hand was commuted for transportation, whipping, ., at the discretion of the judges; and the benefit was taken away altogether from a number of statutable felonies. By 5 Anne, c. 6., the ceremony of reading was abolished, benefit of clergy being granted Indiscriminately to all entitled to It; and finally by one of the enactments commonly called Peel's Acts (7 & 8 G. 4. c. 28. s.6 ) benefit of clergy was abolished altogether. [s. 155]