Wiltshire Quarter Sessions. 119 



Wooten Bassett, Wootten Bassett, Wyck, Wycke. 



Woteii 13assettj Wotten Bassett, WynfieU, Wyngfield 



Wottou Bassett. Yatesbury, Yatisbury. 



Wooton subter le Hedge. Yatton. 



Wraxall, Wraxsall. 



III. 



Benefit of Clbrqy. 



The privilegium clericale or immunitas ecdesiee will be found dis- 

 cussed in the standard treatises. It may be of interest to mention 

 that the passage generally selected for testing the culprit's attain- 

 ments seems to have consisted of the words " Miserere mei Deus " 

 from the first verse of the fiftieth Psalm of the Vulgate version 

 (Ps. li., A.V.), which, from being thus constantly appealed to on a 

 question of life or death, obtained the nickname of the " Neck Verse.^' 



The following is from chap, xxii., vol. iii., of Reeves' History of the 

 English Law : — " In the reign of Ed. IV. when an ordinary refused a 

 man who prayed his clergy and read, the matter was certified into 

 the King's Bench and the ordinary was fined ; under the idea that 

 he was only minister of the court, and not the judge in such a case. 

 Again, one who had abjured for felony in killing a man being taken 

 prayed his clergy : it happened in that case that the man could read 

 only two or three words here and there, and not any three words 

 together, and yet the ordinary was pleased to claim him as a clerk, 

 upon which it was observed by the whole court that if it appeared 

 to them that the prisoner could not read, the ordinary should be 

 heavily fined and the convict hanged : adding that they were judges 

 of his reading for they were to make the award, quod legit ut 

 clericus ideo tradatur ordinario. It was at the same time intimated 

 that the reading need not be so very perfect and accurate as was pre- 

 tended, for a felon being tried by Portescue and not being able to 

 read but only to spell and to put syllables together was nevertheless 

 allowed his clergy. It had been the common course for prisoners to 

 claim the benefit of their clergy upon the arraignment : this was 

 thought prejudicial to the party for he had no challenge to the 

 inquest ex officio ut sciatur qualis ordinario liberari debeat, by which 



