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effected in &e Feign of Elizabeth , and the . . patty , # er being allowed his fas ** and burnt in the hand , was to be < fochaiged without any interference rf ' the church JU > annul his con
vie-< The clerical process being thus abolished , it was thought proper , ^ t the same tinne , to empower the temporal judges to inflict a further punishmeDt where they should regard it as proper- The 18 Jiliz . c . 7- empowered 5 ^ m , therefore ^ to direct the convict
to be imprisoned for a yealr or any shorter period . But the law on this subject ' was 9 till in many respects imperfect . Females were still liable to the punishment of death without any exemption , in all cases of simple felony ; because being never eligible to the clerical office , tfiey were not
included in any of the extensions of the benefit of clergy . No other proof need be adduced to show the absurdity $ f the very foundations of the system . ^ At length it was enacted that women convicted of simple larcenies under the value of lOs , should be punished with burning in the hand and
whipping , exposure in . the stocks , or imprisonment for any period less than a yefur . t And in the reign of William and sA&ry they were admitted to all the privileges of men , in clergyable felonies , on , Pteying the benefit of the statute ;§ tHougii they can only once be allowed this means of escaping . || In the sarr ^ e reign , the punishment of burning in the hand was changed for
a more visible ; stigma oh the cheek , « fl * but was soon afterwards brought back to the . original practice . ** HUhertO ill Jay&ien except peers , who , on their ^ conviction , were found unable to read , wexe liable to suffer & $# \ for ev ^ ry clergyable felony . But Hwas at length discovered , that
ig ^ ajaijcs $ n&Jt , ead of an aggravation TO ; 4 wexcuse for . guilt , anothat the * Wuty % g read was * no extenuation of ****»?' . " . li ' . j ' My ' r- ~ — ' - — -. # > l * : Elia . & 7 . fcSess * 0 r fc € 6 to-989 , at . lV . i t" 44 ^ . fr , G . -,- ¦• 1 tiosi . Ci ^ U ; 805 , € . * W « le , 371 , &SL ^ .. . _ • | ifti 4 m ., t ^ fk * * ? $ - * W > «• vii * ^ , 4 rW At ^ o \ 9 . f . , 5 * Fost . J 4 . fr * , 5 ^ & > L .. c . 34- s . 1 , 3-J , ff * if w $ a . : ? r ?*; . n / p . w , - " * rj » aiui , . < . - « . j % W i 46 i . - ~
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crime ^ 'H * and , therefore , by 5 Ann , c . 6 , the idle ceremony of reading was abolished , ^} and all those who were before entitled to clergy on reading ; were now to be admitted without any such form to its benefits . At the same
time it was sensibly felt that the branding , which had dwindled into a mere form , and the year ' s imprisonment which the judges were im ~ powered to inflict , were very inadequate punishments for many cieTgyable offences : and , therefore , the court
were authorized to commit the offenders to the house of correction , for any time not less than six months nor exceeding two years , and to double it in case of escaping , §§ Further alterations have since been
made in the penalties consequent upon clergy . The 4 Geo . I . e . 11 j jj ' and 6 Geo . I . c . 23 , provide , that the court on the allowance of this benefit , for any larceny whether grand or
petit * or other felonious theft not excluded from the statutable indulgence , may , instead of judgmeitt of burning in case of men , and whipping in that of females , direct the offender to be
transported for seven years to Ameriea , which has been since altered to any part of his majesty ' s colonies ^ p ^ f To return within the period was , at the same time , made felony without
benefit of clergy ! Ajld by several subsequent provisions ; many wiser alterations have been made respecting transportation , and the mode of . treating offenders while under its sentence . ***
At length the burning in the hand , was entirely done away ,.: and < the judges are empowered to sentence the criminal , in its room and in addition to the formet penalties , to a pecuniary fine , or , except in > the case of Tman ^ slaughter , to private whipping * : riot more than thrice to be inflicted j in the
presence of three witnessesrH ^ ft ? o * visions were at the s&me time made for the em ploy merit of this description , of convicts * in penitentiary Ixouses
ff Fost . 80 * , 6 . XI FOSt . 3016 , 6- 0 t + W 448 ? 4 . § § 6 Ann , c . 6 . b . 7 . ' U 11 ' See observation * ot \ this ft ^ tfttd * 3 P . W . 4 ^ 0 . 19 c .
^ 5 G « O * HI- 74 . *** l 6 TG « ia . II . ^; n . B ©« o . 11 $ c . y > i * Oeo . III . c . 74 . $ i < 5 co ; Ul . 4 . 4 ! Q MQeo , lU . ^ Seaa . ^ . c . & 6 . \ ^ Ytt * & * & *>• HI- e : 74 . * . " 3 , .
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Origin and History of Benefit qf Clergy . 447
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Citation
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Monthly Repository (1806-1838) and Unitarian Chronicle (1832-1833), Aug. 2, 1816, page 447, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/mruc/issues/vm2-ncseproduct2455/page/11/
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