Benefit of clergy

benefit of clergy
    n 1: sanction by a religious rite; "they are living together
         without benefit of clergy"
    

Benefit \Ben"e*fit\, n. [OE. benefet, benfeet, bienfet, F.
   bienfait, fr. L. benefactum; bene well (adv. of bonus good) +
   factum, p. p. of facere to do. See {Bounty}, and {Fact}.]
   1. An act of kindness; a favor conferred.
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            Bless the Lord, O my soul, and forget not all his
            benefits.                             --Ps. ciii. 2.
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   2. Whatever promotes prosperity and personal happiness, or
      adds value to property; advantage; profit.
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            Men have no right to what is not for their benefit.
                                                  --Burke.
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   3. A theatrical performance, a concert, or the like, the
      proceeds of which do not go to the lessee of the theater
      or to the company, but to some individual actor, or to
      some charitable use.
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   4. Beneficence; liberality. [Obs.] --Webster (1623).
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   5. pl. Natural advantages; endowments; accomplishments. [R.]
      "The benefits of your own country." --Shak.
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   {Benefit of clergy}. (Law) See under {Clergy}.
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   Syn: Profit; service; use; avail. See {Advantage}.
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Clergy \Cler"gy\, n. [OE. clergie, clergi, clerge, OF. clergie,
   F. clergie (fr. clerc clerc, fr. L. clericus priest) confused
   with OF. clergi['e], F. clerg['e], fr. LL. clericatus office
   of priest, monastic life, fr. L. clericus priest, LL.
   scholar, clerc. Both the Old French words meant clergy, in
   sense 1, the former having also sense 2. See {Clerk}.]
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   1. The body of men set apart, by due ordination, to the
      service of God, in the Christian church, in distinction
      from the laity; in England, usually restricted to the
      ministers of the Established Church. --Hooker.
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   2. Learning; also, a learned profession. [Obs.]
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            Sophictry . . . rhetoric, and other cleargy. --Guy
                                                  of Warwick.
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            Put their second sons to learn some clergy. --State
                                                  Papers (1515).
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   3. The privilege or benefit of clergy.
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            If convicted of a clergyable felony, he is entitled
            equally to his clergy after as before conviction.
                                                  --Blackstone.
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   {Benefit of clergy} (Eng., Law), the exemption of the persons
      of clergymen from criminal process before a secular judge
      -- a privilege which was extended to all who could read,
      such persons being, in the eye of the law, clerici, or
      clerks. This privilege was abridged and modified by
      various statutes, and finally abolished in the reign of
      George IV. (1827).

   {Regular clergy}, {Secular clergy} See {Regular}, n., and
      {Secular}, a.
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BENEFIT OF CLERGY, English law. An exemption of the punishment of death 
which the laws impose on the commission of certain crimes, on the culprit 
demanding it. By modern statute's, benefit of clergy was rather a 
substitution of a more mild punishment for the punishment of death. 
     2. It was lately granted, not only to the clergy, as was formerly the 
case, but to all persons. The benefit of clergy seems never to have been 
extended to the crime of high treason, nor to have embraced misdemeanors 
inferior to felony. Vide 1 Chit. Cr. Law, 667 to 668 4 Bl. Com. ch. 28. But 
this privilege improperly given to the clergy, because they had more 
learning than others) is now abolished by stat. 7 Geo. IV. c. 28, s. 6. 
     3. By the Act of Congress of April 30, 1790, it is provided, Sec. 30, 
that the benefit of clergy shall not be used or allowed, upon conviction of 
any crime, for which, by any statute of the United States, the punishment 
is, or shall be declared to be, death.