Legal Definitions - neck verse

The term neck verse refers to a historical practice in English law, specifically a passage from the Bible used as a literacy test for individuals accused of certain crimes.

During medieval times and up until the early 18th century, a legal privilege known as "benefit of clergy" allowed members of the clergy (and later, anyone who could read) to be tried in ecclesiastical courts, which typically imposed less severe punishments than secular courts. To claim this benefit, an accused person had to prove they were literate. The neck verse was the specific passage, most commonly the first verse of Psalm 51 ("Miserere mei, Deus" - "Have mercy on me, O God"), that a judge would present to the accused to read aloud.

If the accused could read the passage satisfactorily, they were deemed "cleric" and could avoid the maximum penalty for their crime, which was often death (thus, "saving their neck"). While judges could technically choose any passage, Psalm 51 became so common that many criminals memorized it, hoping to feign literacy. This practice was eventually abolished in 1707.

Here are some examples illustrating the concept of a neck verse:

• Imagine a common laborer in 16th-century England, accused of stealing a horse – a felony punishable by hanging. Having heard tales from other prisoners, he spends his time in jail diligently memorizing the opening lines of Psalm 51. When brought before the judge and asked to "read from the book" to claim benefit of clergy, he confidently recites the memorized verse. The judge, perhaps aware of the common trick but bound by the custom, accepts his performance as proof of literacy, and the laborer is spared the gallows, receiving a lesser punishment like branding or imprisonment instead. This illustrates how the neck verse was used as a literacy test to avoid the death penalty, even if the literacy was feigned.

• Consider a village scrivener (a professional copyist) in the late 15th century, accused of forging a document. As a genuinely educated individual, he is well-versed in scripture. When he claims benefit of clergy, the court presents him with a Bible opened to Psalm 51. He reads the neck verse fluently and without hesitation. His clear demonstration of literacy confirms his "clerical" status, and he is transferred to an ecclesiastical court, where he faces a more lenient sentence than he would have in the secular court, such as penance or a fine, rather than execution. This example shows the intended application of the neck verse for genuinely literate individuals to claim their privilege.

• Picture a notorious highwayman in the late 17th century, known for his brutality and illiteracy, finally captured and convicted of multiple robberies. Desperate to escape the gallows, he attempts to mumble through the familiar neck verse when presented with the Bible. However, his fumbling, mispronunciations, and inability to follow the text are obvious to the court. The judge, recognizing his clear illiteracy despite his attempt to recite the memorized words, denies him benefit of clergy. As a result, the highwayman faces the full, harsh penalty of the law, demonstrating that the "test" could still be failed, leading to the ultimate punishment.