Law Dictionary

BENEFIT OF CLERGY, English law

BENEFIT OF CLERGY, English law. An exemption of the punishment of death which the laws impose on the commission of certain crimes, on the culprit which the laws impose on the commission of certain crimes, on the culprit demanding it. By modern statute's, benefit of clergy was rather a demanding it. By modern statute's, benefit of clergy was rather a substitution of a more mild punishment for the punishment of death. substitution of a more mild punishment for the punishment of death. 2. It was lately granted, not only to the clergy, as was formerly the 2. It was lately granted, not only to the clergy, as was formerly the case, but to all persons. The benefit of clergy seems never to have been case, but to all persons. The benefit of clergy seems never to have been extended to the crime of high treason, nor to have embraced misdemeanors extended to the crime of high treason, nor to have embraced misdemeanors inferior to felony. Vide 1 Chit. Cr. Law, 667 to 668 4 Bl. Com. ch. 28. But inferior to felony. Vide 1 Chit. Cr. Law, 667 to 668 4 Bl. Com. ch. 28. But this privilege improperly given to the clergy, because they had more this privilege improperly given to the clergy, because they had more learning than others) is now abolished by stat. 7 Geo. IV. c. 28, s. 6. learning than others) is now abolished by stat. 7 Geo. IV. c. 28, s. 6. 3. By the Act of Congress of April 30, 1790, it is provided, Sec. 30, 3. By the Act of Congress of April 30, 1790, it is provided, Sec. 30, that the benefit of clergy shall not be used or allowed, upon conviction of that the benefit of clergy shall not be used or allowed, upon conviction of any crime, for which, by any statute of the United States, the punishment any crime, for which, by any statute of the United States, the punishment is, or shall be declared to be, death. is, or shall be declared to be, death.