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Simple English definitions for legal terms
privilegium clericale
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A quick definition of privilegium clericale:
Privilegium clericale, also known as benefit of clergy, was a special rule in the past that allowed priests and other religious people to be tried in a church court instead of a regular court if they were accused of a serious crime. This meant they could avoid the death penalty, which was often given in regular courts. The rule was abolished in England in 1827 and in the United States in the 19th century. Today, the phrase "benefit of clergy" is sometimes used to mean a religious wedding ceremony, but this is not related to the original meaning of the term.
A more thorough explanation:
Definition: Privilegium clericale (priv-uh-lee-jee-uhm kler-uh-kay-lee) is a Latin term that refers to the benefit of clergy. It is a legal privilege that protects members of the clergy from being tried for a felony in the King's Court.
Example: In the Middle Ages, any man who could recite the “neck verse” was granted the benefit of clergy. This means that if a man who was a member of the clergy committed a serious crime, he could only be tried in an ecclesiastical court and would only face punishment that the church could inflict.
Explanation: The example illustrates how the benefit of clergy worked in the Middle Ages. If a man who was a member of the clergy committed a serious crime, he could avoid being tried in the King's Court by reciting the "neck verse." This privilege was only available to men, and it was eventually abolished in England in 1827.
Example: The couple had several children without benefit of clergy.
Explanation: This example is a common use of the phrase "benefit of clergy" that is based on a misunderstanding of its original meaning. In this context, "benefit of clergy" means that the couple did not have a religious ceremony to solemnize their relationship.