The Benefit of Clergy was an institution of the “myriads who, before us, pass’d the door of darkness through.” No doubt some of our institutions and procedure, to the jurists of succeeding ages, that come and go, “upon this chequer-board of nights and days,” will seem equally as unjust and ridiculous as this institution of the past now appears to us. We should congratulate ourselves, that with our own liberal constitution, founded upon a more exact idea of distributive justice, we are able to “grasp this sorry scheme of things,” which existed until the present century. But that this institution continued until the past century, ought to prevent our entire satisfaction with our own procedure, and urge us to the improvement of our present laws. FOOTNOTES: [1] Bracton, Ch. XII., fol. 409. [2] Glanville, lib. V. c. VIII., IX. [3] Maitland, Henry II. and Criminous Clerks, E. H. B. vii 224; I. Pollock and Maitland’s History Eng. Law, p. 447. [4] II. Reeve’s History English Law, p. 341. [5] Bracton, De Legibus, lib. V. c. XI., XII.; II. Reeve’s History English Law, p. 344. [6] III. Reeve’s History English Law, p. 196. [7] Decret, lib., 1, tit. 10; III. Reeve’s History English Law, p. 348. [8] Mirror, c. V. [9] 1 Chronicles, XVI. 15, 22; Also, 1 Kings, XXVI. 9; 2 Kings, I. 16. [10] 1 Chitty, Criminal Law, 667, 668; 1 Bishop’s Criminal Law, Secs. 622, 624; 4 Bl. Comm. ch. 28. [11] Bouvier’s Dictionary, tit. Benefit of Clergy. [12] II. Hale’s Pleas of Crown, 328, 371; I. Pollock and Maitland’s History English Law, p. 445. By a curious combination of terms, some of the old cases refer to the exemptions women in pregnancy enjoyed in the law, as “Clergy of the belly.” [13] Webster’s New Int. Dict; Murray’s English Dict., “Neck-verse.” [14] Bracton f, 123b; I. Pollock and Maitland’s History English Law, p. 442. [15] Coke, 2 Inst. 164. [16] III. Reeve’s History English Law, pp. 197, 198. [17] IV. Reeve’s History English Law, p. 59. [18] 9 Edward IV. 28. Kelying reports a case, where at the Lent Assizes, for Winchester, the clerk appointed by the bishop to give clergy for the prisoners, charged with larceny, delivered the book to the prisoner and the prisoner did not look at the book at all, but when asked, “_legit_ or _non-legit_,” the clerk replied “_legit_.” The court then bid the clerk of assizes not to record that the prisoner read, and fined the bishop’s clerk for so finding. (18 Car. II.) [19] Littleton, 2 Inst. 164; IV. Reeve’s History English Law, p. 60. [20] IV. Reeve’s History English Law, p. 466. [21] 5 Eliz. Dyer, 50; V. Reeve’s History English Law, p. 346. [22] V. Reeve’s History English Law, p. 345. [23] State vs. Carroll, 27 N. C. (5 Ired.) 139. [24] II. Pollock and Maitland’s History English Law, p. 501. [25] Bracton, f. 401b; I. Pollock and Maitland’s History English Law, p. 130. [26] II. Reeve’s History English Law, pp. 421, 422. [27] II. Reeve’s History English Law, p. 573.