Crime -- Great Britain; Criminals -- Great Britain; Executions and executioners; Tyburn gallows (London, England)
It will have been observed that one of Lady Hungerford’s servants pleaded
his clergy, that is, he claimed the indulgence accorded by law to those
who could read. In 1522 it was still the law that the privilege could be
claimed by one who had committed murder. In 1531 an Act was passed by the
provisions of which no person committing petty treason, murder, or felony
was admitted to his clergy under the status of sub-deacon (23 Henry
VIII., c. 1).
William Inges’ claim would have been perforce admitted but for the
singular objection on the score of bigamy. The exception seems strange,
but was founded on well-understood provisions of the law. A bigamist,
it must be remembered, was not what we of to-day mean when we use the
word. A bigamist was one who had married two wives, the second after
the decease of the first, or who had married a widow. We will return
presently to this question of bigamy, after noting what Sir Thomas Smith,
writing fifty years later, says as to clergy. Let us, however, premise
that benefit of clergy means, as indeed the name imports, a privilege
of the clergy consisting originally in the right of the clergy to be
free from the jurisdiction of lay courts, and to be subject to the
ecclesiastical courts only. Sir James Fitzjames Stephen aptly compares
it to “the privilege claimed by British and other foreign subjects in
Turkey, in Egypt, and in China, of being tried before their own courts.”
The privilege was extended by 25 Edward III. (1351-2), st. 6, c. 4, to
all manner of clerks, as well secular as religious. The statute was
construed as being applicable to all persons who could read, and its
effect is succinctly stated in “Piers Plowman,” written a few years
later:—
“_Dominus pars hereditatis mee._ is a meri verset,
That has take fro tybourne. twenti stronge theves.”
This is the description given by Sir Thomas Smith of the process of
claiming clergy:—
Public-domain text, read in full here on John Shaqi.
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