Benefit of clergy

Definition

The right of clergy accused of a crime to be tried in a Church court rather than a secular court; some people outside the clergy also claimed this right.

Used by Edexcel and OCR

How each exam board covers it

Edexcel GCSE History · 1HI0

Paper 1

The privilege allowing members of the clergy accused of crimes to be tried in Church courts, which generally imposed more lenient punishments than secular courts.
Benefit of clergy allowed clergy accused of crimes to be tried in these courts.
Revise: Factors Affecting Change
A privilege allowing clergy accused of crimes to be tried in a Church court rather than a royal court, helping them avoid harsher punishments such as execution.
Revise: Case Study: The Influence of the Church

Exam tips

1
Distinguish sanctuary, which delayed arrest, from benefit of clergy, which changed the court in which someone was tried.
2
Benefit of clergy meant access to a Church court; sanctuary meant temporary protection from arrest. Neither simply meant being declared innocent.

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The right to be tried in a Church court rather than a secular court, originally intended for clergy but extended to others who could pass a reading test.

Revise: Nature of Law Enforcement and Punishment

Edexcel History past papers

OCR GCSE History B · J411

Paper 1

Church courts could also try members of the clergy accused of crimes. This right was called benefit of clergy. It mattered because Church courts were generally more lenient than royal courts and did not impose death sentences.
Revise: Enforcing law and order
A legal privilege originally associated with clergy which allowed eligible offenders to escape the ordinary penalties of secular criminal justice.
Revise: Enforcing law and order

OCR History B past papers

Justice of the Peace (JP)