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fche advantage of this provision all who could read were admitted ! * But as learning became more common , this extensive interpretation was found so injurious to the security of social life , that the legislature , notwithstanding the opposition of the church , were
compelled to afford a partial remedy . In the reign of Henry the Seventh * f a distinction was drawn between persons actually in holy orders , and those who , in other respects , secular , were able to read , by wnich the latter were only allowed the benefit of their learning once , and on receiving it to be branded in the left thumb with a hot
iron , an order to afford evidence against them on any future occasion . The church seems to have lost ground in the succeeding reign , probably in consequence of the separation of
England from the sway of the Roman Pontiff ; for all persons , though actually in orders , were rendered liable to be branded , in the same way as the learned class of laymen . J But , in the time of Ed ward the Sixth , the
clergy were restored to all the rights of which they were deprived by his predecessor , except as to certain atro * clous crimes which it became neoeswry . more uniformly to punish . § At the same time , some of the more enormous evils attendant on this
general irnpuntty were done away , Murder , poisoning , burgjary , higher way robbery , and sacrilege , were excepted from all that privilege which ^ as con firmed as to inferior offences * || But peers of the realm for the first off enpft were to he discharged in every
4 a * e , except murder and poisoning , gven though unable to read . % - But fo e * e we must pause before we proceed to follow the gradual improvement of this privilege , to enquire what was originally done » witn an offender to \ yhprn " it was
allowed ; by those ecclesiastical authojritie * wfyo claimed the right of judging
? 2 Hal ^ , 272 * 3 . Kel . 100 , 101 , | $ 2 . HawJu'fe * & . e . fjs . s . 5 t Williams , 4 L Felony ? V « See- Mode of ; Admission of Defendant convicted of Manslaughter . 1
Salk . 61 . f &k 0 « lK Vn . c 13-X 28 Hen . VIII . c . 1 . s . 7 , > ££ Hen VJII . cjB , « . 0 . . i t \ Edw . VI . c . 12 . 0 . 10 . ' It id . ibid . . .. . . . :. < fl % Edw . VIt c . 12 . » . 14 ,
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him , and in what manner * ihe powef of the church in this . respect wa , ulticnately destroyed . It appears that after a layman -was burnt in the fcand a clerk discharged on reading , or a aeer wjthout either burnine or penalty , to was delivered to the ordinary to be
dealt with according to the ecclesias ^ u cal canons . ** Upon this , the clerical authorities instituted a kind of purgation , the real object of which was to make him appear Innocent , who had been alrg £ , ay shown to be guilty , and to restore him to all those
capacities of which his conviction had deprived hirn .-H * To effect this the party himself was required to make oatK of his , innocence , tboueh before
he might have confessed himself guilty . Then , twelve com p urgators were called to testify their belief m the falsehood of the charges . Afterwards he brought forward witnesses com-. pletely to establish ^ that innocence of which he had induced so weighty a presurnptlQn . Finally , it was the
pffice of the jury to acquit him > and tbfey seldpna i ^ ilefl in their duty . Jt ^ » rioweyer , from ^ ny si ngular circtin ) - stance they agreed in the justice of the convicudn , tlxe culprit Was degraded and compejied to do periancei J § As thi ^ sejfdo m ^ cenrr ^ d * drid the most daring perjuries wer ^ t rvus perpetiially CQnamitted » the courts of cornmoniaw
were soon aroused . t 6 abridge the power qt these cjencat tribunals . They , therefore , $ 6 rjt \^ tim es cfeliveied over the privile ^ of je ^ ohy , . j W « n his guilt w ^ s very , atrocious , without ^ U ow in | 2 ; hirrx to r ^ alce purgation ; the effect of wf > ich pro . eeedipjgs Was his perpetual , iropri ^ orjmenI ajtd incajiacity to acquire personal £ r to enib y real estate , unless rele . as , efl W his Maje $ ^ 8 pardon . j || i But % severity ( of this proceeding alrrtb ^ t jendere ^ l it ' ufi ^ ei ^ s ; and it became ^ aotutely *{ && * for ^ he legislature WnMrfer * in w ? to prevent the contemptible pcrju ^ which this absurd ceremony p roduced under the sanction and . pretence ' religion . This desirably obj ^ ^
•• Hob . 9 Ai . 4 » W Com . 36 a . ft Hob , S 9 U 3 P . Wnw . 4 tf r *
« Bla . Com . 368 . 4 Jt Hob . 291 . 3 Pr . Wmi . 447 ^ » Bla . Com . 364 , § 5 Hob . « 89 . 4 BU- Com . 3 ^^ mi 3 p . w » u , ft * , * - *** ** aus .
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446 Origin and History of Benefit of Clergy .
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Citation
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Monthly Repository (1806-1838) and Unitarian Chronicle (1832-1833), Aug. 2, 1816, page 446, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/mruc/issues/vm2-ncseproduct2455/page/10/
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