BENEFIT OF CLERGY. Originally it meant that an ordained clerk charged with felony could be tried only in the Ecclesiasti cal Court. But, before the end of Henry M.'s reign, the king's court, though it de livered him to the Ecclesiastical Court for trial, took a preliminary inquest as to his guilt or innocence. The latter court tried him by compurgation. It could sentence him to degradation, imprisonment or whipping. Benefit of clergy did not apply to treason, breach of forest laws, trespasses or misde meanors. In time it changed and became a complicated series of rules exempting cer tain persons from punishment for certain criminal offences. It was extended to secu lar clerks,' then to all who could read. In 1705 this requirement was abolished. Till 1692 a woman commoner could not claim it. By act in 1487, all persons except those in orders were, if convicted of a clergyable fel ony, branded and disabled from claiming the privilege a second time. A peer, even if he could not read, had the privilege (1547). By act in 1717, persons (not peers or clerks in orders) were if convicted of clergyable larcenies transported for 7 years. Gradual ly the number of non-clergyable offences was increased and new offences, when created, were made non-clergyable. It was abolished in England in 1827. 1 Holdsw. H. E. L. 381.
Kelyng reports, "At the Lent Assizes for Winches ter (18 Car. II.) the clerk appointed by the bishop to give clergy to the prisoners, being to give it to an old thief, I directed him to deal clearly with me, and not to say legit in case he could not read; and thereupon he delivered the book to him, and I per ceived the prisoner never looked on the book at ail: and yet the bishop's clerk, upon the demand of 'legit? or non legit?' answered 'legit.' And there upon I told him I doubted he was mistaken, and' had the question again put to him; whereupon he answered again, something angrily, 'legit!, Then I hid the clerk of assizes not to record it, and I told the parson that he was not the Judge whether the culprit could read or no, hut a ministerial officer to make a true report to the court ; and so I caused the prisoner to be brought near, and delivered him the book, when he confessed that he could not read.
Whereupon I told the parson that he had unpreacb ed more that day than he could preach up again in ,many days, and I fined him five marks." An in stance of humanity is mentioned by Donne, of a culprit convicted of a ndn-clergyable offence prompt ing a convict for a clergyabie one in reading bis neck-verse. In the very curious collection of pro legomena to Ooryat's Crudities are commendatory lines by Inigo Jones. The famous architect wrote, "Whoever on this book with scorn would look, May he at sessions crave, and want his book." When one who could read had the privi lege, it was enough to read a line in a book, and the same verse of Psalms li. 1, was said to be used with each prisoner, called the "neck-verse." See 1 Soc. Engl. 297; 1 P. & M. 429; 1 Stephen H. C. L. 464.
The benefit of clergy seems never to have been extended to breach of forest laws, tres pass or high treason, nor misdemeanors in ferior to felony. In time It became a com plicated series of rules exempting certain persons from punishment for certain 'crimi nal offences. It has been usually' acknowl edged as belonging to the common law of most of the United States ; 1 Bish. Cr. L. 938. See 1 Chit. Cr. L. 667; 4 Bla. Com. ch. 28 ; 1 Bish. Cr. Law § 936.
By act of congress of April 30, 1790, R. S. § 5329, the benefit of clergy shall not be used or allowed upon conviction of any crime for which the punishment is death. Repealed by act of March 4, 1909; apparently the doc trine thus becomes obsolete.
See BURNING IN THE HAND.