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benefit of clergy

formerly a useful device for avoiding the death penalty in English and American criminal law. In England, in the late 12th century, the church succeeded in compelling Henry II and the royal courts to grant every clericus, or "clerk" (i.e., a member of the clergy below a priest), accused of a capital offense immunity from trial or punishment in the secular courts. On producing letters of ordination, the accused clerk was turned over to the local bishop for trial in the bishop's court, which never inflicted the death penalty and frequently moved for acquittal. Later, anyone having the remotest relationship to the church could also claim benefit of clergy. In the 14th century, the royal judges turned this clerical immunity into a discretionary device for mitigating the harsh criminal law by holding that a layman, convicted of a capital offense, might be deemed a clerk and obtain clerical immunity if he could show that he could read, usually the 51st Psalm. Later, a layman was allowed to claim benefit of clergy only once.

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Encyclopedia Britannica, 2008. Encyclopedia Britannica Online.
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