Reading Time: 2 minutes [268 words]

xvi PREFACE TO VOLUME TEN

in the foremost rank of the patriots of that day and
eovered the names of some of their number with im-
perishable fame.‘

That curious ancient privilege, viz.: benefit of clergy,
of which the two soldiers (Kilroy and Montgomery)
eonvicted of manslaughter, had the advantage (p.
508) originated in a pious regard for the church by
which the clergy of Catholic countries were either par-
tially or wholly exempted from the jurisdiction of the
ordinary legal tribunals, It extended in England only
to the case of felony; and though it was intended to
apply simply to clerical persons or clerks, yet as
being able to read was, by the laws of England, con-
sidered as sufficient evidence pf the clerical character,
when the rudiments of learning came to be diffused,
almost every man in the community became entitled
to this privilege; a person entitled to the benefit ‘of
clergy was formerly handed over to the ecclesiastical
tribunals for trial, But this giving rise to great
abuses the secular judges ordered those who were en-
titled to the benefit of clergy to be detained in prison
until they should be pardoned by the king. By a stat-
ute passed in the reign of Queen Elizabeth, persons
convicted of felony and entitled to the benefit of clergy
were to bo discharged from prison, being first branded
in the thumb; if laymen it was discretionary with the
judge to detain them in prison, not exceeding one
year. At the time of the trial of the British soldiers,
manslaughter was within the benefit of clergy and the
punishment was for the offender to be burnt in the
hand and forfeit all his goods and chattels. It was
abolished in England in the reign of George IV.

Chandler's American Criminal Trials.

Related Posts