Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1843-08-22

.BENErlr OF CLrRGy.-There Is scarce a
phrase in our language the meaning OF
which is more misunderstood, than that of
benefit of clergy The idea which comes
into their minds i, that he was deprived of
all gho>tly consolation, and was not permit
ted in his last hours TO benefit by the prayers
and conversation OF some pious clergyman. (
This opinion i an erroneous one. is like
wise the belief that the guilty among the
clergy were exempted from punishment on
account of their learning. which exemption
was extended TO all learned men, who tnus
had benefit OF clergy The benefit of
clergy had Its origin in one OF Those legal
ficlions with which that blood breathing code.
the English law abOunds. Since the begin +
ming of the cleventh century, all felonies in
England have been punished with death.
Now the clergy did not admit the right Of
the common tribunals to try them. but claim
cd to be tried BY the ecclesiastical courts. rs
a b,nem of their sacred order; which claim
was allowed and fclons proved TO be church
officials were discharged by the civil magis
tratc. In the course of time. it was thought
proper to extcnd this exemption to laymcn,
no doubt with the idea of indirectly molify-
ing the severity of the law. it being the com
+
of English LAWYERS. to choose the most round
about way of abating an evil, as if they
were ashamed TO be seen performing any
good work. Rather than modify their cruel
code, they chose, in the reign of Elizabeth.
by legal action, to give to every one the
.JeaeM of ciergy,' that is to say. TO give every
culprit. whether a bricklaycr or IN attorney,
the same exemption from capital punishment,
or from the jurisdiction of the civil court, as
ii he were in orders Thus any person
could plead his or her clergy. and was al
lowed the benefit thereof. TO prevent,
however. the abuse of so cstimablc privi-
lego, and TO avoid the bringing OF so acute
Il continuance into disrcpute. it was provided,
: tina all the l,ity was claimed the benefit of
clergy, should be burnt in the hand ito show
that they could have their clergy but once.
which has been called II pleasant kind OF
! certificate, written in fire and blood, the or
binary characters of the English criminal
law But thcr cwcre exceptions 10 the plea
OF clergy. or rather exceptions were made 20
it BY express statutes. These statutes took
away the ben fl of clergy in certain cases.
in other words. the, prohibited The accus
from pleading his clergy. and he was put on
his trial in a secular CONT. They did not
say. In most cases, that any man should suffer
death. but they took away from him tie
benefit of lesgy.' which amounted to pre-
ciscIy the same thing. Thu, il .liz. {. j,
which Is directed AGAINST a certain kind OF
cvil-di>po,cd persons commonly called cu.-
purses. OF pickpursc>, i. i, enacted by par
lialncnt that 10 person or persons. which
hereafter shall happen to be indicted or APP
pealcd, for lclonions taking OF any money,
goods or chattelS. from the person Of any
Other pr,lv without his knowledge. III any
place whatsoever. and thcrcu9on found gull
ty. by a verdict OF twelve men. or shall con
is the same upon his or their arraignmcnt.
or " Ill not answer directly to the same. ac-
cording TO the laws OF tbs realm. or shall
stand villuiy. or of malice. or obstinatcly
mute. challenge pcrcmptorily. above the
number of twenty. or shall be upoa such
Indictment or appeal outlawcd. shall from
hcncciorth rot be admitted to have the bnem
of has or Mcir clcrgy. but utterly exclude
thereof. and shall suffer death in such man
lcr and form as hcy shouiR i they 7rcre no
cle,ks.' BY 10 and III Wm. III. {. % bur
glars and shoplillcrs who shall steal any thing
OF the value of fve shiYinrs. are absolutely
debarred and excluded from the bmch Of.
clrrgyr SO by II Anne. c. !. the benefit OF
clergy i taken from persons who shall teal
any thing of the value OF forty shilling,
from any dwelling house. This statute
states that such robbcrics had been cncour
aged by the privilege which the robbers had
OF demanding the benefit Of their clergy.
The same statement Is made in , Geo. II. c.
IL. BY which the benefit OF their clergy was
taken from persons who committed rohberics
board vessels. and upon rivers, &c
Freeman.