For many centuries this plea was an important part of the criminal procedure of the continental countries of Europe and still furnishes a curious and instructive part of the history of the laws of England. The privilege had its origin in a claim made by the ecclesiastics, at a very early period, for the entire exemption of their order from the jurisdiction of the common law courts of England. The growth and development of the privilege is an interesting chapter in the history of the controversy between the secular and spiritual power, during the middle ages and the limitation or expansion of the authority of the State or the Church, over matters temporal, depended largely upon the public sentiment that shaped the policies of the government and the weakness or strength of the individuals holding the reigns of government. Benefit of clergy was the immediate outgrowth of conditions contributing to the growth of the English common law. Before the Norman conquest and afterwards, for many centuries, the clergy took a very active part in the legislation and judicial branches of government and they shaped the policies of the government, in many important respects. The educated class belonged to this profession and we owe it largely to them that the Anglo-Saxon law has left us any evidences at all. During the Saxon period of superstition and ignorance, the ecclesiastical power had the ascendency, but it gradually declined, as intellect and education became the common property of the masses. Bishops were then the principal members of the courts of law and they instructed the judges in both the spiritual and secular laws and the respective limits upon each.[1] The question of ecclesiastical or lay jurisdiction gave rise to the most intense jealousies and contests between sovereigns and archbishops and lawyers, but the superior learning of the clergy resulted in a gradual encroachment by the Church upon the powers of the State.[2] During the reign of Henry II., the jurisdiction of the king’s court over criminal clerks was the subject of a memorable quarrel, between king Henry and Thomas a’ Becket.[3] Boniface, Archbishop of Canterbury, as the successor of Becket, waged a continuous fight, during the reign of Henry III., to establish and enlarge the power of the Church, over matters secular, when clerks or churchmen were brought before the secular courts. He ordained, under the authority of a convocation, in 1261, that archbishops, bishops and other inferior churchmen should ignore the letters of the king, calling them for trial before secular courts,[4] and before this, in 1253, with other bishops, he pronounced a sentence of excommunication against all those who had violated similar provisions of the canonical laws, while enforcing secular power.[5]