Difference between revisions of "Benefit Of Clergy"

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== Cyclopedia of Biblical, Theological and Ecclesiastical Literature <ref name="term_32973" /> ==
== Cyclopedia of Biblical, Theological and Ecclesiastical Literature <ref name="term_24553" /> ==
<p> an ancient privilege whereby the persons of clergymen were exempted from criminal process before the secular judges in particular cases, and consecrated places were exempted from criminal arrests. See [[Sanctuary]] " '''''‘''''' This privilege was originally confined to those who had the habitum et tonsuram clericalem, but in time every one was accounted a clerk who could read; so that after the dissemination of learning by the invention of printing, it was found that as many laymen as divines were admitted to this privilege, and therefore the stat. 4 Henry VII, ch. 13, distinguishes between lay scholars and clerks in holy orders, and directs that the former should not claim this privilege more than once, and, in order to their being afterwards known, they should be marked with a letter, according to their offense, on the brawn of the left thumb. After this burning, the laity, and before if the real clergy, were discharged from the sentence of the law in the king's court, and delivered over to the ordinary for canonical purgation. This purgation, having given rise to various abuses and prostitution of oaths, was abolished at the Reformation; and accordingly by the stat. 18 Elizabeth, ch. 7, it was enacted that every person having benefit of clergy should not be delivered over to the ordinary, but after burning in the hand should be delivered out of prison, unless the judge thought it expedient to detain him there for a limited period. It will be collected from the above statement that the parties entitled to this privilege are clerks in holy orders, without branding, or any of the punishments subsequently introduced in its place; lords of Parliament, peers, and peeresses for the first offense; commoners not in orders, whether male or female, for clergyable felonies, upon being burnt in the hand, whipped, fined, imprisoned, or transported. It is a privilege peculiar to the clergy that sentence of death cannot be passed upon them for any number of clergyable offenses committed by them (Blackstone, Comm. 4, 374)." '''''—''''' Eadie, Eccles. Dict. s.v. </p>
<p> a privilege by which, in countries where popery prevailed, persons in holy orders were exempted, either wholly or partially, from the jurisdiction of lay tribunals. The privilege was created out of regard to the clerical order, but it was soon abused. It was originally designed for clerici (clerks); and at first none could be admitted to it but such as had the usual distinction, habitus et tonsura clericalis; but subsequently, in England, all persons who could read were by law declared to be clerks, and the number of claimants almost indefinitely increased. It was abolished by the 7th and 8th of Geo. IV, c. 28. "In [[America]] this privilege has been formally abolished in some of the states, and allowed only in one or two cases in others; while in others, again, it does not appear to have been known at all. By the act of [[Congress]] of April 30, 1790, it is enacted that '''''‘''''' benefit of clergy shall not be used or allowed, upon conviction of any crime for which, by any statute of the United States, the punishment is or shall be declared to be death.'" See Blackstone, Commentaries, 4, 28. </p>
       
== The Nuttall Encyclopedia <ref name="term_68774" /> ==
<p> Exemption of the persons of clergymen from criminal process before a secular judge. </p>
          
          
==References ==
==References ==
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<ref name="term_32973"> [https://bibleportal.com/encyclopedia/cyclopedia-of-biblical-theological-and-ecclesiastical-literature/clergy,+benefit+of Benefit Of Clergy from Cyclopedia of Biblical, Theological and Ecclesiastical Literature]</ref>
<ref name="term_24553"> [https://bibleportal.com/encyclopedia/cyclopedia-of-biblical-theological-and-ecclesiastical-literature/benefit+of+clergy Benefit Of Clergy from Cyclopedia of Biblical, Theological and Ecclesiastical Literature]</ref>
       
<ref name="term_68774"> [https://bibleportal.com/encyclopedia/the-nuttall-encyclopedia/benefit+of+clergy Benefit Of Clergy from The Nuttall Encyclopedia]</ref>
          
          
</references>
</references>

Latest revision as of 17:53, 15 October 2021

Cyclopedia of Biblical, Theological and Ecclesiastical Literature [1]

a privilege by which, in countries where popery prevailed, persons in holy orders were exempted, either wholly or partially, from the jurisdiction of lay tribunals. The privilege was created out of regard to the clerical order, but it was soon abused. It was originally designed for clerici (clerks); and at first none could be admitted to it but such as had the usual distinction, habitus et tonsura clericalis; but subsequently, in England, all persons who could read were by law declared to be clerks, and the number of claimants almost indefinitely increased. It was abolished by the 7th and 8th of Geo. IV, c. 28. "In America this privilege has been formally abolished in some of the states, and allowed only in one or two cases in others; while in others, again, it does not appear to have been known at all. By the act of Congress of April 30, 1790, it is enacted that ‘ benefit of clergy shall not be used or allowed, upon conviction of any crime for which, by any statute of the United States, the punishment is or shall be declared to be death.'" See Blackstone, Commentaries, 4, 28.

The Nuttall Encyclopedia [2]

Exemption of the persons of clergymen from criminal process before a secular judge.

References

  1. ↑ Benefit Of Clergy from Cyclopedia of Biblical, Theological and Ecclesiastical Literature
  2. ↑ Benefit Of Clergy from The Nuttall Encyclopedia
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