Benefit of clergy facts for kids

The Benefit of Clergy was a special rule in old English law. It allowed church members, called clerics or clergymen, to be tried in a special church court instead of a regular court. Church courts were usually much kinder with their punishments.

Over time, this rule changed a lot. It became a way for first-time offenders, even those who weren't church members, to get lighter sentences for certain crimes. This special legal rule was finally ended in the United Kingdom in 1827.

How It Started

When the Roman Empire became Christian, its leaders gave special legal rights to church officials, especially bishops. This meant they had some protection from regular laws. In the early Middle Ages, church law made this protection even stronger, covering criminal cases too.

In England, things were a bit different. Before the 1100s, regular English courts had both a bishop (a church leader) and a local judge working together.

But in 1164, King Henry II created a new court system. These courts made decisions only by the king's power. This led to a big disagreement between the king and Thomas Becket, who was the Archbishop of Canterbury (a very important church leader). Becket said that the king's courts had no power over clergymen. He believed church members should only be tried in church courts.

After some of Henry's knights killed Becket in 1170, people were very upset with the king. Henry had to make peace with the church. As part of this peace, Henry agreed that his regular courts, with only a few exceptions, could not judge church members.

The "Neck-Verse" and Reading Test

At first, to use the Benefit of Clergy, a person had to look like a clergyman, perhaps by having a special haircut called a tonsure. But soon, this changed to a reading test. People had to show they were "clergy" by reading from a Latin Bible.

This opened the door for anyone who could read, even if they weren't church members, to claim this benefit. In 1351, under King Edward III, this became official. So, if you could read, you could use the Benefit of Clergy! For example, the famous writer Ben Jonson avoided being hanged in 1598 because he could read.

There was even a secret trick! The Bible passage usually used for the reading test was Psalm 51, verse 3. It starts with "O God, have mercy upon me." People called this the "neck verse" because knowing it could save your neck from a very harsh punishment, like hanging. If you knew this verse, your case would move to a church court, which was much more forgiving.

Sometimes, if a judge thought someone really deserved a harsh punishment, they might ask them to read a different Bible passage. If the person had only memorized the "neck verse" and couldn't read anything else, they would not get the benefit and would face the regular court's punishment.

In church courts, a common way to prove innocence was by "compurgation." The accused person would swear they were innocent. Then, they needed twelve other people to swear that they believed the accused was innocent. If they did this, the person was set free. If found guilty in a church court, a clergyman might lose their church job. But over time, church courts became very lenient, often just giving a penance (a religious punishment).

Changes Over Time: Tudor Reforms

Because church courts were so lenient, some changes were made to stop people from misusing the Benefit of Clergy.

In 1488, King Henry VII said that non-clergy could only use the benefit once. If they used it and couldn't prove they were actual clergymen, they were branded on the thumb. This mark stopped them from using the benefit again.

In 1512, King Henry VIII made more changes. He said that for some very serious crimes, you could not use the Benefit of Clergy at all. These were called "felonies without benefit of clergy." This caused a big argument with the Pope, which was one of the reasons Henry VIII later separated the Church of England from the Catholic Church.

By the end of the 1500s, many serious crimes, like murder, poisoning, and serious theft, were made "unclergyable." This meant you could not use the Benefit of Clergy for them.

In 1575, Queen Elizabeth I made a huge change. Before, you used the benefit *before* your trial to move your case to a church court. But under the new system, you used it *after* you were found guilty but *before* your sentence. It didn't cancel your guilt, but it changed your punishment for a first-time offense. Instead of a very harsh punishment, you might get branded and put in prison for up to a year.

Later Changes and End of the Rule

Quick facts for kids Benefit of Clergy Act 1670
Act of Parliament
Long title	An Act for takeing away the Benefit of Clergy from such as steale Cloth from the Racke and from such as shall steale or imbezill his Majestyes Ammunition and Stores.
Citation	22 Cha. 2. c. 5
Dates
Royal assent	11 April 1670
Other legislation
Repealed by	Criminal Statutes Repeal Act 1827
Status: Repealed

By this time, the Benefit of Clergy had become a way for first-time offenders to get a lighter sentence for some crimes. Laws in the 1600s and 1700s allowed more people to use it, but the benefits became less significant.

Women were allowed to use the Benefit of Clergy starting in 1624. By 1691, they had the same rights as men in this matter.

In 1706, the reading test was completely removed. This meant that all first-time offenders for less serious crimes could use the benefit. However, as crime rates went up, Parliament started removing the benefit for many seemingly small property crimes. Things like stealing from a house or shoplifting became crimes that could lead to a death sentence under what was known as the "Bloody Code."

When the reading test ended in 1706, the lighter sentence for those who used the benefit became 6 to 24 months of hard labor. Later, in 1718, people could be sent away to North America for seven years as punishment.

The Benefit of Clergy was finally ended in the United Kingdom in 1827. In the United States, it also slowly disappeared, though some states kept it much longer. Rhode Island, for example, didn't officially get rid of it until 2013!

See also

• Authentica habita
• Benefit of Clergy Act 1402
• Benefit of Clergy Act 1496
• Benefit of Clergy Act 1575