In English law, the benefit of clergy was originally a provision by which clergymen could claim that they were outside the jurisdiction of the secular courts and be tried instead under canon law. Eventually, the course of history transformed it into a mechanism by which first-time offenders could receive a more lenient sentence for some lesser crimes. Motto (French) God and my right Anthem No official anthem - the  United Kingdom anthem God Save the Queen is commonly used England() – on the European continent() – in the United Kingdom() Capital (and largest city) London (de facto) Official languages English (de facto) Unified  -  by Athelstan 927 AD  Area  -  Total 130... Clergy is the generic term used to describe the formal religious leadership within a given religion. ... Topics in Christianity Movements · Denominations Ecumenism · Preaching · Prayer Music · Liturgy · Calendar Symbols · Art · Criticism Important figures Apostle Paul · Church Fathers Constantine · Athanasius · Augustine Anselm · Aquinas · Palamas · Wycliffe Tyndale · Luther · Calvin · Wesley Arius · Marcion of Sinope Pope · Patriarch of Constantinople Christianity Portal This box:      Canon law is the term used for...

Origin

Prior to the 12th century, traditional English law courts had been jointly presided over by a bishop and a local secular magistrate. In 1166, however, Henry II promulgated the Assize of Clarendon, legislation that established a new system of courts that rendered decisions wholly by royal authority. The Assizes touched off a power struggle between the king and Thomas Becket, Archbishop of Canterbury. Becket asserted that these secular courts had no jurisdiction over clergymen, because it was the privilege of clergy not to be accused or tried for crime except before an ecclesiastical court. After four of Henry's knights murdered Becket in 1170, public sentiment turned against the king, and he was forced to make amends with the church. As part of the Compromise of Avranches, Henry was purged of any guilt in Becket's murder, but he agreed that the secular courts had no jurisdiction over the clergy. The only exceptions were for high treason, highway robbery and arson. (11th century - 12th century - 13th century - other centuries) As a means of recording the passage of time, the 12th century was that century which lasted from 1101 to 1200. ... This article is about a title or office in religious bodies. ... // Events Marko III succeeds Yoannis V as patriarch of Alexandria. ... Henry II of England (5 March 1133 – 6 July 1189) ruled as Count of Anjou, Duke of Normandy, Duke of Aquitaine, Duke of Gascony, Count of Nantes, and as King of England (1154–1189) and, at various times, controlled parts of Wales, Scotland, eastern Ireland, and western France. ... The Assize of Clarendon was an act of King Henry II of England of 1166, whereby trial by jury became the norm in England, replacing alternatives such as trial by combat. ... (St. ... The Archbishop of Canterbury is the spiritual leader and senior clergyman of the Church of England, recognized by convention as the head of the worldwide Anglican Communion. ... An ecclesiastical court (also called Court Christian) is any of certain courts having jurisdiction mainly in spiritual or religious matters. ... December 29: Assassination of Thomas Becket, Archbishop of Canterbury, in Canterbury cathedral City of Dublin captured by the Normans According to folklore, the Welsh prince Madoc sailed to North America and founded a colony. ... Under English (and later, British) law, high treason is the crime of disloyalty to the Sovereign amounting to an intention to undermine their authority or the actual attempt to do so. ... The Skyline Parkway Motel in Afton, Virginia after an arson fire on July 9, 2004. ...

The Miserere

At first, in order to plead the benefit of clergy, one had to appear before the court tonsured and otherwise wearing ecclesiastical dress. Over time, this proof of clergy-hood was replaced by a literacy test: a defendant demonstrated their clerical status by reading from the Bible. This opened the door to secular, but nonetheless literate defendants also claiming the benefit of clergy, and in 1351 under Edward III this loophole was formalized in statute, and the benefit of clergy was officially extended to all who could read. Tonsure is the practice of some Christian churches of cutting the hair from the scalp of clerics as a symbol of their renunciation of worldly fashion and esteem. ... A Voting test is a test designed to determine ones ability to read and write a given language. ... This Gutenberg Bible is displayed by the United States Library. ... Events End of the reign of Emperor Suko of Japan, third of the Northern Ashikaga Pretenders Start of the reign of Emperor Go-Kogon of Japan, fourth of the Northern Ashikaga Pretenders May 1 Zürich joins the Swiss Confederation. ... This article is about the King of England. ...

Unofficially, the loophole was even larger, because by tradition the Biblical passage used for the literacy test was inevitably and appropriately Psalm 51 (Psalm 50 according to the Vulgate and Septuagint numbering), Miserere mei, Deus, secundum misericordiam tuam. (O God, have mercy upon me, according to thine heartfelt mercifulness). Thus, an illiterate person who had memorized the appropriate Psalm could also claim the benefit of clergy, and Psalm 51 became known as the neck verse, because knowing it could save one's neck by transferring one's case from a secular court, where hanging was a likely sentence, to an ecclesiastical court where both the methods of trial and the sentences given were more lenient. Psalms (Tehilim תהילים, in Hebrew) is a book of the Hebrew Bible or Tanakh, and of the Old Testament of the Christian Bible. ... The Vulgate Bible is an early 5th century version in Latin, partly revised and partly translated by Jerome on the orders of Pope Damasus I in 382. ... The Septuagint: A page from Codex vaticanus, the basis of Sir Lancelot Charles Lee Brentons English translation. ... Hanging is the suspension of a person by a ligature, usually a cord wrapped around the neck, causing death. ...

In the ecclesiastical courts, the most usual form of trial was by compurgation. If the defendant swore an oath to their own innocence and found twelve compurgators to swear likewise to their belief that the accused was innocent, they were acquitted. A person convicted by an ecclesiastical court could be defrocked and returned to the secular authorities for punishment, but over time, the English ecclesiastical courts became increasingly lenient, and by the 15th century, most convictions in these courts led to a sentence of penance. Compurgation, also called wager of law, is a defense used primarily in medieval law. ... An oath (from Old Saxon eoth) is either a promise or a statement of fact calling upon something or someone that the oath maker considers sacred, usually a god, as a witness to the binding nature of the promise or the truth of the statement of fact. ... To defrock a priest is to deprive him of the right to exercise the functions of the priestly office. ... (14th century - 15th century - 16th century - other centuries) As a means of recording the passage of time, the 15th century was that century which lasted from 1401 to 1500. ... Penance is repentance of sins, as well as the name of the Catholic Sacrament of Penance and Reconciliation/Confession. ...

Tudor-era reforms

As a result of this leniency in the ecclesiastical courts, a number of reforms were undertaken to combat the abuse of the benefit of clergy. Henry VII decreed that non-clergymen should be allowed to plea the benefit of clergy only once: those taking the benefit of clergy, but not able to prove through documentation of their holy orders that they actually were clergymen, were branded on the thumb, and the brand disqualified them from pleading the benefit of clergy in the future. (In 1547, the privilege of claiming benefit of clergy more than once was extended to peers of the realm, even illiterate ones.) Henry VII (January 28, 1457 – April 21, 1509), King of England, Lord of Ireland (August 22, 1485 – April 21, 1509), was the founder and first patriarch of the Tudor dynasty. ... To Brand a person means to burn a symbol into a living persons skin using a hot or cold iron, with the intention that the resulting scar makes the symbol permanent. ... Year 1547 was a common year starting on Saturday (link will display the full calendar) of the Julian calendar. ... For other uses, see Peerage (disambiguation). ...

In 1512, Henry VIII further restricted the benefit of clergy by making certain offences "unclergyable" offenses; in the words of the statutes, they were "felonies without benefit of clergy." This restriction was condemned by Pope Leo X at the Fifth Lateran Council in 1514, and the resulting controversy was one of the issues that would lead to Henry VIII splitting the Church of England from the Roman Catholic Church in 1532. By the end of the 16th century, the list of unclergyable offences included murder, rape, poisoning, petty treason, sacrilege, witchcraft, burglary, theft from churches, and pickpocketing. Year 1512 (MDXII) was a leap year starting on Thursday (link will display the full calendar) of the Julian calendar. ... Henry VIII (28 June 1491 - 28 January 1547) was King of England and Lord of Ireland, later King of Ireland, from 22 April 1509 until his death. ... The Statute of Grand Duchy of Lithuania A statute is a formal, written law of a country or state, written and enacted by its legislative authority, perhaps to then be ratified by the highest executive in the government, and finally published. ... Pope Leo X, born Giovanni di Lorenzo de Medici (11 December 1475 – 1 December 1521) was Pope from 1513 to his death. ... When elected pope, Julius II promised under oath that he would soon convoke a general council. ... 1514 was a common year starting on Thursday (see link for calendar) of the Gregorian calendar. ... The Church of England is the officially established Christian church[1] in England, and acts as the mother and senior branch of the worldwide Anglican Communion, as well as a founding member of the Porvoo Communion. ... “Catholic Church” redirects here. ... Events May 16 - Sir Thomas More resigns as Lord Chancellor of England. ... (15th century - 16th century - 17th century - more centuries) As a means of recording the passage of time, the 16th century was that century which lasted from 1501 to 1600. ... For biological toxicity, see toxin and poison. ... Petty treason is, in English common law, any betrayal of a superior by a subordinate. ... Sacrilege is in general the violation or injurious treatment of a sacred object. ... In England, a succession of Witchcraft Acts have governed witchcraft and provided penalties for its practice. ... Everyday instance of theft: the bike which fits on this wheel has disappeared. ... Pickpocketing is a crime, a form of larceny which involves the stealing of money and valuables off the person of a victim without them noticing. ...

In 1575 a statute of Elizabeth I radically changed the effect of the benefit of clergy. Whereas before, the benefit was pled before a trial to have one's case transferred to an ecclesiastical court, under the new system the benefit of clergy was pled after conviction but before sentencing, and it did not nullify the conviction, but rather changed the sentence for first-time offenders from probable hanging to branding and up to a year's incarceration. Year 1575 was a common year starting on Saturday (link will display the full calendar) of the Julian calendar. ... Elizabeth I redirects here. ... The examples and perspective in this article or section may not represent a worldwide view. ...

Later development

By this point, benefit of clergy had been transformed from an ecclesiastical privilege to a mechanism by which some first-time offenders could obtain partial clemency for some crimes. Legislation in the 17th and 18th centuries further increased the number of people who could plead benefit of clergy, but decreased the benefit of doing so.

Women acquired the benefit of clergy in 1624, although it was not until 1691 that they were given equal privileges with men in this matter. (For example, prior to 1691, women could plead the benefit of clergy if convicted of theft of goods valued less than 10 shillings, while men could pray for their clergy for thefts up to 40 shillings.) In 1706, the reading test was abolished, and the benefit became available to all first-time offenders of lesser felonies. Events January 24 - Alfonso Mendez, appointed by Pope Gregory XV as Prelate of Ethiopia, arrives at Massawa from Goa. ... Events March 5 - French troops under Marshal Louis-Francois de Boufflers besiege the Spanish-held town of Mons March 20 - Leislers Rebellion - New governor arrives in New York - Jacob Leisler surrenders after standoff of several hours March 29 - Siege of Mons ends to the city’s surrender May 6... Events March 5 - French troops under Marshal Louis-Francois de Boufflers besiege the Spanish-held town of Mons March 20 - Leislers Rebellion - New governor arrives in New York - Jacob Leisler surrenders after standoff of several hours March 29 - Siege of Mons ends to the city’s surrender May 6... Before decimalisation in 1971, a shilling had a value of 12d (old pence), and was equal to 1/20th of a pound: there were 240 (old) pence to the pound. ... Events March 27 - Concluding that Emperor Iyasus I of Ethiopia had abdicated by retiring to a monastery, a council of high officials appoint Tekle Haymanot I Emperor of Ethiopia May 23 - Battle of Ramillies September 7 - The Battle of Turin in the War of Spanish Succession - forces of Austria and...

Meanwhile, an increasing crime rate prompted Parliament to exclude many seemingly minor property crimes from the benefit of clergy. Eventually, housebreaking, shoplifting goods worth more than 5 shillings, and the theft of sheep and cattle all became felonies without benefit of clergy that earned their perpetrators an automatic death sentence. The tone or style of this article or section may not be appropriate for Wikipedia. ... Species See text. ... Binomial name Bos taurus Linnaeus, 1758 Cattle (often called cows in vernacular and contemporary usage, or kye as the Scots plural of cou) are domesticated ungulates, a member of the subfamily Bovinae of the family Bovidae. ... Capital punishment, or the death penalty, is the execution of a convicted criminal by the state as punishment for crimes known as capital crimes or capital offences. ...

When the literacy test was abolished in 1706, the lesser sentence given to those who pled benefit of clergy was increased to up to 6-24 months hard labour. Under the 1718 Transportation Act, those who pled benefit of clergy could be sentenced to seven years' banishment to North America. The American Revolution in 1776 disrupted the ability to apply this punishment, and with the abolition of branding in 1779, benefit of clergy was no longer an option in most cases. Although transportation shifted to Australia, this came to be done using straightforward sentences of transportation for a number of years or life. Benefit of clergy was formally abolished by Parliament in 1827. It had already been taken away from federal courts by an Act of Congress in 1790 in the United States, but it survived well into the mid-1800s in some state courts (for example, South Carolina granted a defendant benefit of clergy in 1855) and may even remain technically available in some states today. While many states have abolished clergy by statute or judicial decision, in some it has simply fallen into disuse without formal abolition. Events March 27 - Concluding that Emperor Iyasus I of Ethiopia had abdicated by retiring to a monastery, a council of high officials appoint Tekle Haymanot I Emperor of Ethiopia May 23 - Battle of Ramillies September 7 - The Battle of Turin in the War of Spanish Succession - forces of Austria and... Penal labour is a form of the unfree labour. ... // The Funj warrior aristocracy deposes the reigning mek and places one of their own ranks on the throne of Sennar. ... The Transportation Act of 1718 was an act of the British Parliament that established a seven-year banishment to North America as a possible punishment for those convicted of lesser felonies, or as possible sentence that capital punishment might be commuted to by royal action. ... See Exile (disambiguation) for other meanings. ... World map showing North America A satellite composite image of North America. ... John Trumbulls Declaration of Independence, showing the five-man committee in charge of drafting the Declaration in 1776 as it presents its work to the Second Continental Congress The American Revolution refers to the period during the last half of the 18th century in which the Thirteen Colonies that... Year 1776 (MDCCLXXVI) was a leap year starting on Monday (link will display the full calendar) of the Gregorian calendar (or a leap year starting on Thursday of the 11-day slower Julian calendar). ... 1779 was a common year starting on Friday (see link for calendar). ... Year 1827 (MDCCCXXVII) was a common year starting on Monday (link will display the full calendar) of the Gregorian Calendar (or a common year starting on Wednesday of the 12-day slower Julian calendar). ... An Act of Vaginapenis is a bill or resolution adopted by both houses of the United States Congress to which one of the following events has happened: Acceptance by the President of the United States, Inaction by the President after ten days from reception (excluding Sundays) while the Congress is... Year 1790 (MDCCXC) was a common year starting on Friday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Monday of the 11-day slower Julian calendar). ...

See also

• Boston Massacre

Engraving by Paul Revere that sold widely in the colonies The Boston Massacre of American civilians by British troops on March 5, 1770, and its legal aftermath helped spark the American Revolutionary War. ...

References

• J.H. Baker, An Introduction to English Legal History (4th ed. 2002) pp. 513-15.
• Richard B. Morris, Benefit of Clergy in American and Related Matters, Univ. of Penn. Law Review, Vol. 105 (1957), p. 436 (reviewing 1955 book of same title by George W. Dalzell).
• Jeffrey K. Sawyer, Benefit of Clergy in Maryland and Virginia, American Journal of Legal History, Vol. 34, No. 1 (Jan. 1990), pp. 49-68.