A Study On Benefit Of Clergy In The England Of Middle Ages

The "benefit of clergy" refers to the clergy of the medieval church in England,who have the judicial privilege not to be tried by the secular court.This paper aims to explore the formation,procedure,crisis and abolishment of the benefit of clergy in Britain,and to analyze the development of the benefit of clergy,so as to complete theinterpretation of this issue.This paper is divided into three chapters:The first chapter discusses the historical background and process of the formation of benefit of clergy from Anglo-Saxon period to Henry ?.Before William ?,the secular courts held the judicial power of criminal priests due to the closely connection of the secular judiciary and the power of the secular monarchy.In the 12th century,the formation of the theory of benefit of clergy,the independence of church judiciary and the growth of church power created conditions for the formation of benefit of clergy.Henry ? issued the Constitutions of Clarendon against judicial immunity for priests,and the archbishop of Canterbury,Thomas Becket.strongly opposed the charter.Becket's martyrdom forced Henry ? to abandon the charter and recognize the benefit of clergy.The second chapter mainly discusses that in judicial practice,the object of application,identification method and trial process of benefit of clergy are determined,thus forming a series of judicial procedures on the screening,detention,submission,trial and punishment of criminal clergy.Section one and section two of this chapter respectively explore the judicial procedures of benefit of clergy in secular courts and churches.In the third chapter,section one and section two mainly talk about the abuse of the benefit of clergy,the doubt of judicial immunity and the limitation of the royal power on the judicial right of the church.Section three systematically states that with the wave of the Reformation,the benefit of clergy was finally abolished.The evolution of benefit of clergy in medieval England was part of the "struggle between church and state" in the middle ages.At the same time,it had a profound historical influence on the British judicial system and the western legal system.Its evolution reflects the compound judicial power in medieval England and provides a theoretical basis for constitutionalism.