Act of Parliament | |
Long title | An Act to take away clergy from the offenders in rape and burglary, and an order for the delivery of clerks convict without purgation. |
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Citation | 18 Eliz. 1. c. 7 |
Dates | |
Royal assent | 15 March 1576 |
Repealed |
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Other legislation | |
Repealed by | |
Status: Repealed |
The Benefit of Clergy Act 1575 (18 Eliz. 1. c. 7), long title An Act to take away clergy from the offenders in rape and burglary, and an order for the delivery of clerks convict without purgation, was an Act of Parliament of the Parliament of England enacted during the reign of Elizabeth I.
It provided that if any person was found guilty of rape or burglary, they would suffer the death penalty as normal in felony cases, without being permitted the benefit of clergy.
The Act was repealed by section 1 of the Offences Against the Person Act 1828 and section 125 of the Criminal Law (India) Act 1828.
Burglary, also called breaking and entering (B&E) and housebreaking, is the act of illegally entering a building or other areas without permission, typically with the intention of committing a further criminal offence. Usually that offence is theft, larceny, robbery, or murder, but most jurisdictions include others within the ambit of burglary. To commit burglary is to burgle, a term back-formed from the word burglar, or to burglarize.
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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