Benefit of Clergy Act 1402

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Benefit of Clergy Act 1402
Act of Parliament
Coat of Arms of Edward III of England (1327-1377) (Attributed).svg
Long title An Act for confirming the Liberties of the Church and Clergy.
Citation 4 Hen. 4. c. 3
Territorial extent 
Dates
Royal assent 25 November 1402
Repealed10 August 1872
Other legislation
Repealed by Statute Law Revision (Ireland) Act 1872
Status: Repealed
Text of statute as originally enacted

The Benefit of Clergy Act 1402 (4 Hen. 4. c. 3) was an Act passed during the reign of Henry IV of England by the Parliament of England. [1] It abolished compurgation for high treason and theft.

See also

Related Research Articles

In English law, the benefit of clergy was originally a provision by which clergymen accused of a crime could claim that they were outside the jurisdiction of the secular courts and be tried instead in an ecclesiastical court under canon law. The ecclesiastical courts were generally seen as being more lenient in their prosecutions and punishments, and defendants made many efforts to claim clergy status, often on questionable or fraudulent grounds.

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The Treason Act 1415 was an Act of the Parliament of England which made clipping coins high treason, punishable by death. The Act was repealed by the Treason Act 1553, and then revived again in 1562. The Act originally only protected English coins, but was later extended in 1575 to cover foreign coins "current" within England. By this time the Coin Act 1572 had already made it misprision of treason to clip foreign coins not current within the Realm.

<span class="mw-page-title-main">Safe Conducts Act 1414</span> United Kingdom legislation

The Safe Conducts Act 1414 was an Act of the Parliament of England. It made it high treason to break a truce or promise of safe conduct by killing, robbing or "spoiling" the victim. Unusually, the "voluntary receipt" or "concealing" of people who had violated this Act was also stated to be treason.

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The Poisoning Act 1530 was an Act of the Parliament of England. Its long title was "An Act for Poisoning." It made it high treason to murder someone with poison, and instead of the usual punishment for treason it imposed death by boiling. It was repealed by the Treason Act 1547.

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<span class="mw-page-title-main">Treason Act 1541</span> United Kingdom legislation

The Treason Act 1541 or the Consequences of Attainer for Treason Act 1541 was an Act of the Parliament of England passed in 1542. It provided for the trial and punishment of lunatics for high treason. The reason given for passing the Act was given by the Act itself, which stated "it is a thing almost impossible certainly to judge" whether a defendant's madness was real or feigned.

<span class="mw-page-title-main">Criminal Law Act 1827</span> United Kingdom legislation

The Criminal Law Act 1827 was an act of the Parliament of the United Kingdom, applicable only to England and Wales. It abolished many obsolete procedural devices in English criminal law, particularly the benefit of clergy. It was repealed by the Criminal Law Act 1967.

References

  1. Tomlins, Thomas Edlyne; Raithby, John (1811). Benefit of Clergy Act 1402 [4 Hen. IV. - A.D. 1402 Chapter III]. The Statutes at Large, of England and of Great Britain: from Magna Carta to the Union of the Kingdoms of Great Britain and Ireland. Vol. II. London, Great Britain: George Eyre and Andrew Strahan. p. 238. OCLC   1110419501 via Internet Archive.