BENEFIT of clergy. By stat. 3 Ed. 1. c. 3, it is enacted, that for the scarcity of clergy in the realm of England, to be dis posed of in religious houses, or for deacons, and clerks of parishes, there should be a prerogative allowed to the clergy, that if any man that could read as a clerk were to be condemned to death, the bishop of the diocese might, if he would, claim him as a clerk ; and he was to see him tried in the face of the court if he could read or not; if the pri soner could read, then he was to be de livered over to the bishop, who should dispose of him in some places of the cler gy, as he should think meet ; but if either the bishop would not demand him, or the prisoner could not read, then he was to be put to death.
By the common law, a woman was not entitled to the benefi of clergy ; but by 3 W. c. 9, s. 6, a woman convicted, or outlawed, for any felony for which a man might have his clergy, shall, upon her prayer to have the benefit of this statute, be subject only to such punishment as a man would in a like case.
But every person, (not being within or ders) who has been once admitted to his clergy, shall not be admitted to it a second time, 4 [len. V11. c. 13 ; and against the defendant's plea of clergy, the prosecutor may file a counter plea, alleging some fact, which in law deprives the defendant of the privilege he claims; as he was be.. fore convicted of an offence, and there fbre not entitled to the benefit of the statute.
In case of high treason against the king, clergy was never allowable.
When a person is admitted to his cler gy, he forfeits all the goods he possessed at the time of the conviction. 2 II. H. 388. But immediately on his burning in the hand, he ought to be restored to the possession of his land, 2 H. H. 388. It also restores him to his credit, and conse quently enables him to be a good wit ness.