benefit of clergy

Immunity from lay jurisdiction granted to members of the clergy. The benefit was granted by the Constitutions of Clarendon 1164 which laid down that members of the clergy should be exempt from the jurisdiction of lay courts, except in the case of infringement of royal forest laws. They were to be handed over instead to an ecclesiastical court, where it was widely felt that they would receive more lenient treatment.

By the 15th century it was sufficient to be able to read to claim benefit, as the church had a strong association with learning and literacy was taken to be sufficient proof of being a member of the clergy. Those claiming this right would normally be asked to read Psalm 51 I, the so-called ‘neck verse’, and so this passage was often allegedly memorised by those who could not in fact read. During the early Reformation, the rights to benefit were severely restricted, although it was only actually abolished 1825.