Legal Definitions - arser in le main

Arser in le main refers to a historical legal punishment from medieval England. It involved the branding or burning of the left thumb of a layperson (someone not a member of the clergy) who had successfully claimed the "benefit of clergy" to avoid a harsher punishment for a crime. The primary purpose of this branding was to create a permanent mark, thereby preventing the individual from falsely claiming the benefit again in the future if they committed another offense.

The "benefit of clergy" was a legal loophole that originally allowed actual clerics to be tried in ecclesiastical courts, which typically imposed lighter sentences than secular courts. Over time, this benefit was extended to anyone who could read a specific passage from the Bible, regardless of their actual religious affiliation, effectively offering a one-time exemption from severe secular punishments for certain felonies.

• Example 1: Imagine a commoner named Thomas in 15th-century England, accused of stealing a horse. Facing execution, he successfully recites a passage from the Bible, thereby claiming the benefit of clergy. The secular court, recognizing his claim, orders his left thumb to be branded with a hot iron. This act of "arser in le main" ensures that if Thomas were ever again to commit a felony, he could not claim the same privilege, as the mark would identify him as having already received this leniency.

• Example 2: Eleanor, a baker, is found guilty of assault, a felony that could carry a severe penalty. To escape the gallows, she demonstrates her literacy by reading from a psalm, thereby invoking the benefit of clergy. As a consequence, the court mandates that her left thumb be permanently marked. This branding, an instance of "arser in le main," serves as a historical record of her prior claim, preventing her from using it again for a future offense.

• Example 3: A merchant named Robert is caught forging documents, a serious crime. He manages to convince the court he is literate by reciting a Latin verse, thus being granted the benefit of clergy and avoiding the standard, very severe punishment for forgery. The judge then orders the "arser in le main" to be carried out, leaving a distinct mark on Robert's thumb to signify he has already used his one-time claim to this legal protection.