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LSDefine
Simple English definitions for legal terms
clergy privilege
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A quick definition of clergy privilege:
Clergy privilege, also known as benefit of clergy, was a special right given to priests, monks, and nuns in the past. It meant that if they were accused of a serious crime, they could only be tried in a church court and not in a regular court. This was a big deal because church courts usually gave lighter punishments than regular courts. Benefit of clergy was abolished in England in 1827 and in the United States in the 1800s. Today, the phrase "without benefit of clergy" is sometimes used to mean that a couple had children without getting married in a church.
A more thorough explanation:
Definition: Clergy privilege, also known as benefit of clergy, is a legal term that refers to the exemption of a cleric from being tried for a felony in the King's Court. This privilege was established in the Middle Ages and allowed clerics to be tried only in an ecclesiastical court, where they were subject to lesser punishments.
Example: In the Middle Ages, any man who could recite the "neck verse" was granted the benefit of clergy and could only be tried in an ecclesiastical court. This privilege was eventually abolished in England in 1827 and in the United States in the mid-19th century.
Explanation: The example illustrates how the benefit of clergy worked in practice. If a man could recite the "neck verse," he was considered a cleric and could only be tried in an ecclesiastical court. This privilege was eventually abolished, but it was an important part of criminal law for many centuries.
Example: The phrase "without benefit of clergy" is sometimes used to refer to couples who have children outside of marriage.
Explanation: This example illustrates how the phrase "benefit of clergy" has been used in a different context. In this case, the phrase is used to mean "without religious approval," which is a misunderstanding of its original meaning.