Legal Definitions - clericale privilegium

Clericale privilegium is a historical legal concept, also known as the Benefit of Clergy. It was a privilege that allowed individuals, primarily members of the clergy, to be tried in an ecclesiastical (church) court rather than a secular (state) court for certain crimes.

This often resulted in a more lenient punishment, or even an exemption from the death penalty, compared to what a secular court might impose. Initially, it was strictly for ordained clergy, but over time, it expanded to include anyone who could demonstrate literacy, typically by reading a passage from the Bible. The privilege was eventually abolished as legal systems evolved towards equality before the law.

Here are some examples illustrating clericale privilegium:

• Imagine a monk in medieval England who is accused of theft. Instead of facing the King's court, which might impose a harsh sentence like hanging, he successfully claims clericale privilegium. He is then transferred to a church court, where he might receive a penance, be defrocked, or face a less severe punishment, demonstrating the protective nature of the privilege for the clergy.

• Consider a literate merchant in the 16th century accused of a felony, such as grand larceny. When brought before a secular judge, he asserts his right to clericale privilegium. To prove his claim, he is asked to read a passage from a Latin Bible. If he can read it, he is deemed to have the "benefit of clergy" and avoids the death penalty, instead receiving a lesser punishment like branding on the thumb (to prevent claiming the benefit again) or a period of imprisonment in an ecclesiastical facility. This illustrates how the privilege extended beyond actual clergy to anyone who could read.

• By the 18th century, as legal reforms began to take hold, the application of clericale privilegium became increasingly restricted. For instance, a person accused of a particularly heinous crime, like murder, might be explicitly denied the benefit by statute, even if they were literate or a cleric. This shows the gradual erosion and eventual abolition of the privilege, as societies moved towards a more uniform application of justice regardless of social status or literacy.