Year: 1869

Not long since gentleman asked another
in private company, what was meant by
the "beneft of the clergy" He had often
heard it said of great criminals, that they
ought to be condemned to death without
the benefit of clergy" but could never find
out what was meant by that expression.
When told that formerly a clergyman in
England might commit crime, punishable
by the law with death, and yet because he
was clergyman, a free pardon would be
extended to him on that account, he ex-
pressed his incredulity, and refused to be-
lieve the correctness of the information he
had received. His surprise was still great
er, when told that the same privilege was
extended to every person who could read, be-
cause at one time the ability to read and
write was an accomplishment almost exclu-
sively belonging to the clergy Yet the in
formation given to him was strictly correct !;
and any one, in referring to Blackstone's
Commentaries, will be surprised to find how
extensive was the benefit of clergy in our
fatherland before the Reformation, and even
at much later date.


At first a clergyman was exempt from
criminal process before secular Judge only
in few particular cases; but as the wealth
and power of the clergy increased, they
claimed greater privileges, until it was al
most impossible to punish them for any crime
they might commit, however fragrant it might
be. When prosecuted, or even condemned
for some violation of the law, with which he
was chargeable, clergyman plead his privi-
lege, and in consequence of doing SO, he
would be taken out of the hands of the civil
authorities, and would have to be tried by
the ecclesiastical law before his bishop. In
which case he was certain to escape all pun
ishment on account of the absurd manner
in which all trials were conducted in the &C.
clesiastical courts.


"Originally," says Blackstone, "the law
was held that no man should be admitted to
the privilege of clergy, but such as had the
habitum ct tOnsuram clertcalem, (that is, the
dress and tonsure of a clergyman. But in
process of time much wider and more COM
prehensive criterion was established, every
one that could read, "a mark of great learn
ing in those days of ignorance, and her sis
ter, superstition being accounted clerk, or
clericus, was allowed the benefit of clerkship,
though neither initiated in holy orders, nor
trimmed with the clerical tonsure." When
learning, by means of the invention of print
ing. became more generally disseminated, it
was found that as many laymen as divines
were admitted to plead the benefit of clergy,
and laws were passed somewhat restricting
the privilege, but not confning it entirely to
clergymen. Laymen could plead the 'bene-
fit of clergy" but once, and then had to be
burnt with hot iron in the Drawn of the
left thumb, to prevent their pleading it a
second time. Lords of Parliament and Peers
of the Realm could plead it, although they
could not read, and without being burnt in
hand, "for all offences then clergyable to
commoners, and also for the crimes of house
breaking, highway-rObbery, hOrse-stealing,
and robbing of churches"


We have some information still more ex-
traordinary to give on this subject. In the
reign of William and Mary ga similar indul-
gence was extended to women, guilty of any
clergyable offence whatsoever, who were
allowed once to claim the benefit of the
statute, in like manner as men might claim
the benefit of clergy, and to be discharged
upon being burned in the hand, and impri-
soned for any time not exceeding year.
The punishment of burningin the hand being
found Intellectual, was also changed to burn
ing in the most visible part of the left cheek
nearest the nose. But such an indelble
stigma being found by experience to render
offenders desperate, this provision was re-
pealed about seven years afterwards; and
till that period, all women, all peers of par
lament and peeresses, and all male common
ers, who could read, were discharged in all
clergyable felonS, the males absolutely, if
clerks in orders, and other commoners, both
male and female, upon branding; and peers
and peeresses without branding, for the first
offence; yet all liable, excepting peers and
peeresses,) if the judge saw occasion, to i'm