FREE BOOKS

Author's List




PREV.   NEXT  
|<   451   452   453   454   455   456   457   458   459   460   461   462   463   464   465   466   467   468   469   470   >>  
claiming the benefit a second time. The privilege was extended to peers, even if they could not read, in 1547, and to women, partially in 1622 and fully in 1692. The partial exemption claimed by the Church did not apply to the more atrocious crimes, and hence offences came to be divided into clergyable and unclergyable. According to the common practice in England of working out modern improvements through antiquated forms, this exemption was made the means of modifying the severity of the criminal law. It became the practice to claim and be allowed the benefit of clergy; and when it was the intention by statute to make a crime really punishable with death, it was awarded "without benefit of clergy." The benefit of clergy was abolished by a statute of 1827, but as this statute did not repeal that of 1547, under which peers were given the privilege, a further statute was passed in 1841 putting peers on the same footing as commons and clergy. For a full account of benefit of clergy see Pollock and Maitland, _History of English Law_, vol. i. 424-440; also Stephen, _History of the Criminal Law of England_, vol. i.; E. Friedberg, _Corpus juris canonici_ (Leipzig, 1879-1881). CLERGY RESERVES, in Canada. By the act of 1791, establishing the provinces of Upper and Lower Canada, the British government set apart one-eighth of all the crown lands for the support of "a Protestant clergy." These reservations, after being for many years a stumbling-block to the economic development of the province, and the cause of much bitter political and ecclesiastical controversy, were secularized by the Canadian parliament in 1854, and the proceeds applied to other purposes, chiefly educational. Owing to the wording of the imperial act, the amount set apart is often stated as one-seventh, and was sometimes claimed as such by the clergy. CLERK[1] (from A.S. _cleric_ or _clerc_, which, with the similar Fr. form, comes direct from the Lat. _clericus_), in its original sense, as used in the civil law, one who had taken religious orders of whatever rank, whether "holy" or "minor." The word _clericus_ is derived from the Greek [Greek: klerikos], "of or pertaining to an inheritance," from [Greek: koeros], "lot," "allotment," "estate," "inheritance"; but the authorities are by no means agreed in which sense the root is connected with the sense of the derivative, some conceiving that the original idea was that the clergy received
PREV.   NEXT  
|<   451   452   453   454   455   456   457   458   459   460   461   462   463   464   465   466   467   468   469   470   >>  



Top keywords:

clergy

 

benefit

 

statute

 
privilege
 

original

 
History
 

England

 
practice
 

clericus

 
exemption

claimed

 
Canada
 
inheritance
 
proceeds
 

chiefly

 
wording
 

imperial

 

amount

 

parliament

 
purposes

educational

 

applied

 
reservations
 

Protestant

 

support

 

eighth

 

stumbling

 

political

 

ecclesiastical

 

controversy


secularized

 

bitter

 

economic

 
development
 

province

 

Canadian

 
similar
 

pertaining

 
koeros
 

allotment


klerikos

 
derived
 

estate

 
authorities
 

conceiving

 

received

 
derivative
 

connected

 

agreed

 

cleric