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angular relics of old superstition , and certainly the most important . That , by a mere form , . without the shadow of existing reason to support it ; th ; e severity ot tire common law should be tempered , may seem strange to ^ hbse who have been accustomed to regard our criminal faw as a regular faffic ,
not only attaining great practical benefit , but * but ! t upon solid and consistent princi p les . The benefit of clergy is , no doubt , of great practical advantage , compared to the dreadful list of offences wriich would otherwise be punished as capital - > but it would be well worthy of an enli g htened age to forsake such a subterfuge , and at
once , without resorting to it , to apportion the degree of suffering to the atrocity and the danger of the crimes . * The history of t ^ i is singular mode of iHfedon , if so it can be termed , is 1 ) oth curious and instructive . In the early periods of European civilization , after ttfe final destruction of the
Roman empire * the church obtained an influence in the political aflairs of jiafibns , which threw a peculiar colouring over their original institutions- Sldnarchs . who were desirous of atooing for' atrocimis offences , or of obtaining the sanction of heaven
lo their projects < of ahibition , were e ^ ily persuid ^ l t 3 confer immunities < to tfeclerj ^ wfiotn they regarded as the vk ^ ^ re ^ t ^ of fea ven . JFresttmitig on these Favours , ihat aspiring body
soon began tty claim as a right wtiat h ^ I ^ ee ^ i ^ origi aa l rv co n ferred as a l > opn , and to Found their demand to ( ivil exemption ^ on a divine and indefeasible ' ' $$ && , derived from the text of Scrifelure , * touch hot mine
artQiiUed and' $ 6 my prophets no hajixCf It ; , * 1 * Ad excite no surprise * P # tKey vtr&hfe art ^ ions to fake advan-^ $ | p f ; 4 heir dominton over the con-•^ W to e ^ cein pt themselves fro m tfe iisual conse ^ u&nces of crime . To W , J > rfesjt £ impunity was a privilege of * io lncorisiderable value . > And « o > ii ^ es ^ ful wai the pio \ is zeal to wy ,, lh ^ e ^ wh 6 i were dedicated to ^ ig loh , tr ^ rn d ^ e Consequences of any preach Uf temporal enactments , that m j £ vei ** Coamrfea tMy ofetainted a « om ^ lctfe txemjition fro m all civil ^ r 44 ^^ i > ^ , , " .., ¦ ¦ ¦
__ " ' " * i » J . I l ' ., ' ¦¦» 1 - r » - ' * s **» ^ W pry ^ ops , y *» t . C . L . 3 * 5 , t Kcilw . \* tm ^ S . ids . IS .
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liabilities , and declared themselves responsible only to the pope , and Ris ecclesiastk ^ al rnirnst ^ rs . J 7 3 *^ erept-« d themselves into &i \ independent community , and even laid the temporal aumorities under subjection , § Kobles were intimklateji fttto vast
pecuniary benefactions , and princes trembled at the terrors <> f spiritual denunciation . In England , however , this authority was always , comparatively feeble . The complete exemption of the clergy from secular punishments , though often claimed , was
never \ iniversally admitted . || For repeated objections were made to the demand of the bishofS and ordinary to have the clerks remitted to them * as soon as thev were indicted . ^ T At
length , however , it was finally settled in the reign of Henry VI . that the prisoner should first be arraigned , a ^ iet might then ' claim the benefit ofctergy as an excuse for pleading , or might demand it after conviction : and tne
latter of these courses has been almost invariably adopted to allow the prisoner the cha , nce of a verdict bfaeqiiitt ^ I . But if the privileges of the tshutch were less dangerous in England' trfan on the continent , they -soon heeaihe
more extensive . They not onl y ettabraced every order of clergymen , tfut were claimed fcr « % ery subordinate officer of Religious houses , with the numerous classes of th ei * retatrjei's . And so libeYai was the applicatkwirof these dangerous benefits , . that ,
length , every orte "w 4 ) 6 in those dafys of ignorancewds able to tead , though not even initiated tn holy driers , became entitled to demand tWem ; ^ Itich reading being deetfied evidence -6 f r his clerical- profession . ** The prh $ tege ' s of the clergy were recbgnized an ^ con - fittned by statnte in the reign "of EdwanJ the Third tt It w&s afefen
enacted , that all rriarmer of cler&s , secular as well a ^? religtoiis , should enjoy the privijejretf of holy chw | feh for afl treasons oi Te 1 drfie s except thdse immediately afflf r > ^ f \ ^ r \ ^ \^ IVl ^ t » sty . JJ * t \
J $ ' Hale , 8 & 4 . 4 &la . Com * * f& Bnrti , i . CHrgy , th WUUama , Ji F # laiiy , tT . ¦ » i 2 Hale , 324 . H Keilw . 189 . ^ » fiiki 47 t , TST 7 ^ 4 Bin . Com . 86 ' 6 . ' i v % 2 Hale , 377 . 4 Blo ^ am & 6 G + ?* 2 HMe , 472 . r tt 25 £ dw . III . et 4 «
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Origin and Jfistory of Benefit m of Clergy * £ 4 $
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v <* xi . 9 m
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Citation
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Monthly Repository (1806-1838) and Unitarian Chronicle (1832-1833), Aug. 2, 1816, page 445, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/mruc/issues/vm2-ncseproduct2455/page/9/
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