Benefit of Clergy
The privilege of Benefit of Clergy,—Privilegium Clericale—arose in the pious regard paid by Christian princes to the Church in its infant state, and consisted of—1st, an exemption of places consecrated to religious duties from criminal arrests, which was the foundation of sanctuaries; 2nd, exemption of the persons of clergymen from criminal process before the secular judge, in particular cases, which was the original meaning of the privilegium clericale. In the course of time, however, the benefit of clergy extended to every one who could read, for such was the ignorance of those periods, that this was thought a great proof of learning; and it was enacted, that from the scarcity of clergy in the realm of England, there should be a prerogative allowed to the clergy, that if any man who could read were to be condemned to death, the bishop of the diocese might, if he would, claim him as a clerk, and dispose of him in some places of the clergy as he might deem meet; but if the bishop would not demand him, or if the prisoner could not read, then he was to be put to death. 3 Edward I., 1274.—Benefit of Clergy was abolished by statute 7th and 8th George IV., c. 28.