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LSDefine
Simple English definitions for legal terms
benefit of clergy
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A quick definition of benefit of clergy:
Benefit of clergy was a special rule in the past that allowed priests and other religious people to avoid being tried for serious crimes in regular courts. Instead, they would be tried in a church court and face less severe punishments. This rule was abolished in England in 1827 and in the United States in 1855. Today, the phrase "benefit of clergy" is sometimes used to mean getting married without a religious ceremony, but this is not the original meaning.
A more thorough explanation:
Definition: Benefit of clergy is a legal privilege that allowed clerics (priests, monks, and nuns) to avoid being tried for a felony in the King's Court. Instead, they were tried in an ecclesiastical court and faced less severe punishments. The benefit of clergy was abolished in England in 1827 and in the United States in the mid-19th century.
Example: In the Middle Ages, any man who could recite the "neck verse" was granted the benefit of clergy. This meant that if he committed a felony, he would be tried in an ecclesiastical court and face less severe punishment.
Explanation: The example illustrates how the benefit of clergy worked in practice. If a man could recite the "neck verse," he was considered a member of the clergy and could claim the benefit of clergy. This allowed him to avoid being tried in the King's Court and face less severe punishment in an ecclesiastical court.
Example: The couple had several children without benefit of clergy.
Explanation: This example uses the phrase "benefit of clergy" in a different sense than its original meaning. In this context, it means that the couple had children without getting married in a church ceremony. This use of the phrase is based on a misunderstanding of its original meaning.