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CLERGY, BENEFIT OF

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Originally appearing in Volume V06, Page 497 of the 1911 Encyclopedia Britannica.
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CLERGY, BENEFIT OF , an obsolete but once very important feature in See also:English criminal See also:law. Benefit of clergy began with the claim on the See also:part of the ecclesiastical authorities in the 12th See also:century that every clericus should be exempt from the See also:jurisdiction of the temporal courts and be subject to the spiritual courts alone. The issue of the conflict was that the See also:common law courts abandoned the extreme See also:punishment of See also:death assigned to some offences when the See also:person convicted was a clericus, and tqe See also:church was obliged to accept the See also:compromise and let a secondary punishment be inflicted. The See also:term " clerk " or clericus always included a large number of persons in what was still further extended to include laymen who performed duties in cathedrals, churches, &c., e.g. the choirmen, who were designated " See also:lay clerks." Of these lay clerks or choirmen there was always one whose See also:duty it was to be constantly See also:present at every service, to sing or say the responses as the See also:leader or representative of the laity. His duties were gradually enlarged to include the care of the church and precincts, assisting at baptisms, marriages, &c., and he thus became the precursor of the later See also:parish clerk. In a somewhat similar sense we find See also:bible clerk, singing clerk, &c. The use of the word " clerk " to denote a person ordained to the See also:ministry is now mainly legal or 'formal. The word also See also:developed in a different sense. In See also:medieval times the pursuit of letters and See also:general learning was confined to the clergy, and as they were practically the only persons who could read and write all notarial and secretarial See also:work was discharged by them, so that in See also:time the word was used with See also:special reference to secretaries, notaries, See also:accountants or even See also:mere penmen. This special meaning developed into what is now one of the See also:ordinary senses of the word. We find, accordingly, the term applied to those See also:officers of courts, corporations, &c., whose duty consists in keeping records, See also:correspondence, and generally managing business, as clerk of the See also:market, clerk of the See also:petty bag, clerk of the See also:peace, See also:town clerk, &c. Similarly, a clerk also means any one who in a subordinate position is engaged in See also:writing, making entries, ordinary correspondence, or similar " clerkly " work.

In the See also:

United States the word means also an assistant in a commercial See also:house, a See also:retail salesman.

End of Article: CLERGY, BENEFIT OF

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CLERK 1 (from A.S. cleric or clerc, which, with the...