Note 645 — Chapter XL · CRIME.

This 'Benefit of the Clergy' is thus described by Misson: 'About 600 Years ago in the reign of William the Second, the People of England were so strangely ignorant, that the very Priests could hardly read. The King, in order to bring the People out of such a State of Darkness made a Law, that in certain Cases (as Man Slaughter, Theft, (for the first Time) not exceeding the Sum of £5 Sterling, and committed without Burglary, or putting the Person robb'd into bodily Fear, Polygamy, &c.) the Convict might save his Life, and escape with no other Punishment but burning in the Hand, if he were so great a Scholar as to be able to read; and tho' at present there is hardly the meanest Peasant in England but what can read, yet the Law is still in Force. They say to the Criminal, Thou N, who art convicted of having committed such and such a Crime, what hast thou to demand in Favour of thy self, to hinder Sentence of Death being pass'd upon thee? The Criminal answers, I demand the Benefit of the Clergy. His demand is granted, and the Ordinary of Newgate gives him a Book, printed in the old Gothic[645] Letter, in which the Criminal reads a few Words. Then the Lord Mayor, or one of the Judges, asks the Ordinary Legitne vel non? And the Ordinary answers Legit ut Clericus.