Imperfect in many respects as the criminal Law appears, from what has been detailed and stated in the preceding Chapters, and much as the great increase of capital offences, created during the last and present Century, is to be lamented:--it cannot be denied that several changes have taken place in the progress of Society, favourable to the cause of humanity, and more consonant to reason and justice, in the appropriation and the mode of inflicting punishments. The Benefit of Clergy, which for a long period exempted clerical people only, from the punishment of death in cases of felony, was by several statutes[127] extended to _peers_, _women_, and all persons _able to read_; who, pleading their Clergy, suffered only a corporal punishment, or a year's imprisonment; and those men who _could not read_, if under the degree of peerage, were hanged.[128] [Footnote 127: 1 Edward VI. cap. 12: 21 Jac. I. cap. 6: 3 and 4 William and Mary, cap. 9: 4 and 5 William and Mary, cap. 24.] [Footnote 128: Blackstone.] This unaccountable distinction was actually not removed until the 5th of Queen Anne, cap. 6, which extended the benefit of clergy to all who were intitled to ask it, _whether they could read or not_.[129] [Footnote 129: The benefit of Clergy originated in injustice and inhumanity, and can only be palliated by the rude state of society, when so disgraceful a privilege was legalized and interwoven in the criminal code.--It partakes of the nature of a compromise with villainy.--It perplexes the system of criminal jurisprudence; and since its sting is taken away it would be an improvement to discontinue it totally.] In the course of the present century, several of the old sanguinary modes of punishment have been either, very properly, abolished by acts of parliament, or allowed, to the honour of humanity, to fall into disuse:--such as _burning alive (particularly women) cutting off hands or ears, slitting nostrils, or branding in the hand or face_; and among lesser punishments, fallen into disuse, may be mentioned _the ducking-stool_. The punishment of death for felony (as has already been observed) has existed since the reign of Henry I. nearly 700 years.--Transportation is commonly understood to have been first introduced, anno 1718, by the act of the 4th George I. cap. 11; and afterwards enlarged by the Act 6th of George I. c. 23, which allowed the court a discretionary power to order felons who were by law entitled to their clergy, to be transported to the American plantations for seven or fourteen years, according to circumstances.[130]