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Simple English definitions for legal terms
clericale privilegium
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A quick definition of clericale privilegium:
Clericale privilegium, also known as "clerical privilege," is a legal term that refers to the benefit of clergy. This was a privilege granted to members of the clergy in the Middle Ages, which allowed them to avoid being tried for a felony in the King's Court. To claim this privilege, a person had to be able to recite the "neck verse." Although the privilege was originally only granted to men in holy orders, it eventually extended to all clerks. The privilege was abolished in England in 1827 and in federal courts in the United States in 1790, but it survived in some American states until the mid-19th century. The term is sometimes used colloquially to refer to a couple who have children without being married in a church ceremony, but this is not the original meaning of the term.
A more thorough explanation:
Definition: Clericale privilegium (kler-uh-kay-lee priv-uh-lee-jee-uhm). [Law Latin “clerical privilege”] See BENEFIT OF CLERGY.
Benefit of clergy: At common law, the privilege of a cleric not to be tried for a felony in the King's Court. In the Middle Ages, any man who could recite the “neck verse” was granted the benefit of clergy. Although clergy includes monks and nuns as well as priests, there are no known cases of women claiming or being granted benefit of clergy. Congress outlawed benefit of clergy in federal courts in April 1790. It was abolished in England in 1827 but survived even longer in some American states, such as South Carolina, where it was successfully claimed in 1855. State v. Bosse, 42 S.C.L. (3 Rich.) 276 (1855). Also termed clergy privilege; clericale privilegium. See NECK VERSE.
Example: In ancient times, when the Church was at the peak point of its power, it preempted jurisdiction over felony charges against clergymen. It demanded that in any case in which a clergyman was charged with felony, the case be transferred to the Ecclesiastical Court for trial. The benefit was extreme because conviction of felony in the King's Court resulted in the sentence of death, whereas the Ecclesiastical Court did not make use of capital punishment.
Explanation: Benefit of clergy was a privilege that allowed clergymen 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. This privilege was abolished in England in 1827 and in the United States in the 19th century. The example illustrates how the Church used its power to protect clergymen from harsh punishments.
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 religious ceremony. This use of the phrase is common but is based on a misunderstanding of its original meaning.