Legal Definitions - privilegium clericale

Privilegium clericale, also known as the benefit of clergy, was a historical legal privilege that allowed individuals, primarily members of the clergy, to be tried by an ecclesiastical (church) court rather than a secular (state) court for certain crimes. Ecclesiastical courts were often more lenient, and this privilege could exempt individuals from severe secular punishments, including the death penalty. Over time, the privilege expanded to include anyone who could demonstrate literacy, typically by reading a passage from the Bible (often referred to as the "neck verse"), regardless of their actual clerical status. This practice was eventually abolished in most common law jurisdictions by the 19th century.

Here are some examples illustrating privilegium clericale:

• Example 1: A Medieval Priest Accused of Theft
  Imagine a parish priest in 14th-century England who is accused of stealing grain from a local lord. Under normal circumstances, a secular court might sentence him to hanging for such a felony. However, because he is a member of the clergy, he invokes privilegium clericale. This means he would be transferred from the royal court to a bishop's court, where the punishment might be less severe, perhaps involving penance, imprisonment within a monastery, or defrocking, but typically not execution. This demonstrates the original application of the privilege for actual churchmen.

• Example 2: A Literate Layman Avoiding a Capital Sentence
  Consider a merchant in 16th-century England who is accused of manslaughter, a crime that could carry the death penalty in a secular court. Although he is not ordained, he has learned to read. When brought before the judge, he claims privilegium clericale. To prove his literacy, he is presented with a Bible and asked to read a specific passage. If he successfully reads the passage, he would be spared the gallows and instead receive a lesser punishment, such as branding on the thumb (often with an "M" for manslaughter) and a period of imprisonment or release. This illustrates how the privilege evolved to protect any literate person, regardless of their connection to the church.

• Example 3: A Repeated Offender and the Privilege's Limitation
  Suppose a man in 18th-century England had previously claimed privilegium clericale for a minor felony, successfully read the "neck verse," and received a brand on his thumb. Years later, he is accused of another similar felony. When he attempts to claim privilegium clericale again, the court observes the brand on his thumb. This mark serves as proof that he had already received the benefit once. Since the privilege was generally granted only a single time, he would be denied the benefit on this second occasion and would face the full severity of the secular law, demonstrating a key limitation of the historical privilege.