Benefit Of Clergy in United States
Benefit Of Clergy Definition
In English law. An exemption of the punishment of death, which the laws impose on the commission of certain crimes, on the culprit demanding it. By modern statutes, benefit of clergy was rather a substitution of more mild punishment for the punishment of death. A clergyman was exempt from capital punishment toties quoties, as often as, from acquired habit, or otherwise, he repeated the same species of offense. The laity, provided they could read, were exempted only for a first offense ; for a second, though of an entirely different nature, they were hanged. Among the laity, however, there was this distinction: Peers and peeresses were discharged for their first fault without reading, or any punishment at all; commoners, if of the male sex, and readers, were branded in the hand. Women commoners had no benefit of clergy. Benefit of clergy was latterly granted, not only to the clergy, as was formerly the case, but to all persons. The benefit of clergy seems never to have been extended to the crime of high treason, nor to have embraced misdemeanors inferior to felony. See 1 Chit. Crim. Law, 667, 668; 4 Bl. Comm. c. 28; 1 Bish. Crim. Law, §§ 622624. But this privilege, improperly given to the clergy, because they had more learning than others, was abolished by St. 7 Geo. IV. c. 28, § 6. By the act of congress of April 30, 1790, it is provided (section 30) that the 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. In some early state decisions, the right was recognized in the United States (1 Murph. [N. C] 147; 4 Strobh. [S. C] 372), while in others it is held to be obsolete (1 Blackf. [Ind.] 66; 3 Minn. 246).
Benefit Of Clergy in Foreign Legal Encyclopedias
| Link | Description |
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| Benefit Of Clergy | Benefit Of Clergy in the World Legal Encyclopedia. |
| Benefit Of Clergy | Benefit Of Clergy in the European Legal Encyclopedia. |
| Benefit Of Clergy | Benefit Of Clergy in the Asian Legal Encyclopedia. |
| Benefit Of Clergy | Benefit Of Clergy in the UK Legal Encyclopedia. |
| Benefit Of Clergy | Benefit Of Clergy in the Australian Legal Encyclopedia. |
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Legal Issue for Attorneys
In English law. An exemption of the punishment of death, which the laws impose on the commission of certain crimes, on the culprit demanding it. By modern statutes, benefit of clergy was rather a substitution of more mild punishment for the punishment of death. A clergyman was exempt from capital punishment toties quoties, as often as, from acquired habit, or otherwise, he repeated the same species of offense. The laity, provided they could read, were exempted only for a first offense ; for a second, though of an entirely different nature, they were hanged. Among the laity, however, there was this distinction: Peers and peeresses were discharged for their first fault without reading, or any punishment at all; commoners, if of the male sex, and readers, were branded in the hand. Women commoners had no benefit of clergy. Benefit of clergy was latterly granted, not only to the clergy, as was formerly the case, but to all persons. The benefit of clergy seems never to have been extended to the crime of high treason, nor to have embraced misdemeanors inferior to felony. See 1 Chit. Crim. Law, 667, 668; 4 Bl. Comm. c. 28; 1 Bish. Crim. Law, §§ 622624. But this privilege, improperly given to the clergy, because they had more learning than others, was abolished by St. 7 Geo. IV. c. 28, § 6. By the act of congress of April 30, 1790, it is provided (section 30) that the 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. In some early state decisions, the right was recognized in the United States (1 Murph. [N. C] 147; 4 Strobh. [S. C] 372), while in others it is held to be obsolete (1 Blackf. [Ind.] 66; 3 Minn. 246).
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Notice
This definition of Benefit Of Clergy Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..
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See Also
Further Reading (Books)
L. C. Gabel, Benefit of Clergy in England in the Later Middle Ages (1929, repr. 1969); J. R. Cameron, Frederick William Maitland and the History of English Law (1961).
benefit of clergy.
Further Reading (Articles)
benefit of clergy, Webster’s NewWorld Dictionary; January 1, 1988
Housing benefits for the clergy, Belfast Telegraph; November 16, 2007
Hub archdiocese considers overhaul of clergy benefits ,The Boston Globe (Boston, MA); September 14, 2008; Michael Paulson
CASINO COUNCIL FORMING CLERGY DIFFERS ON BENEFITS TO GARY, Post-Tribune (IN); January 18, 1989
Whydo clergy benefit from the big house?, Belfast Telegraph; October 22, 2007
Vicars say ‘I do’ to show invitation; Clergy to highlight benefits of a church wedding.(News), Coventry Evening Telegraph (England); July 21, 2003
UMC 2012 GENERAL CONFERENCE VOTES TO CONTINUE CLERGY LIFETIME PENSION BENEFIT.(Conference news), States News
Service; May 4, 2012
RALLY AT CAPITOL ; Clergy, Miners Protest Patriot Benefits Plan, The Charleston Gazette (Charleston, WV); May 24, 2013; Nyden, Paul J.
Dual ordination tracks: differential benefits and costs for men and women clergy. Sociology of Religion; March 22, 1993; Nesbitt, Paula D.
Diocese tightens pensions for clergy ; Finances force cuts in stipends, benefits, The Boston Globe (Boston, MA); May 26, 2009; Michael Paulson
CENTER FOR HEALTH TO CONDUCT ANNUAL CLERGY HEALTH RESEARCH SURVEY – GENERAL BOARD OF PENSION AND HEALTH BENEFITS ‘. States News Service; January 31, 2012
An Insult to Every Worker; Labour, Lib Dem Peers and Clergy Try to Wreck Coalition Bid for Benefits Cap ,Daily Mail (London); January 24, 2012
2030 CLERGY EVENT TO SHEPHERD YOUNGER PASTORS. States News Service; May 11, 2010
2013 Clergy Health Survey Report Available, States News Service; May 16, 2013
CLERGY LENDS LABOR A HELPING HAND, CITES ETHICAL ISSUES.(NEWS), Daily News (Los Angeles, CA); August 24, 1996
CLERGY LENDS LABOR A HELPING HAND, CITES ETHICAL ISSUES, Daily News (Los Angeles, CA); August 24, 1996; Steven Greenhouse The New York Times
Collaboration between Clergy and Mental Health Professionals: A Review of Professional Health Care Journals from 1980 through 1999. (Research and Theory), Counseling and Values; April 1, 2003; Weaver, Andrew J. Flannelly, Kevin J. Flannelly, Laura T. Oppenheimer, Julia E.
Clergy’s Pivotal Role in Helping Children: Faith Leaders and Counselors Should Partner to Help Children of Addicted Parents, Addiction Professional; March 1, 2008; Kaplan, Linda
Ministering to Clergy: Special tax rules create financial planning challenges and opportunities for these unique clients. Financial Planning; December 1, 2005; Dresner, Laurence
Clergy silent on too many vital issues, The Philadelphia Tribune; May 21, 2002; Washington, Linn, Jr.
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