C L E 
it liim. Clergy may be demanded after judgment given 
againft a perfon, whether of death, &c. and even under 
the gallows, if there be a proper judge there, who has 
power to allow it. 2 Hawk. P. C. c. 33. It may be ob- 
lerved, that in all felonies, whether new created or by 
common law, clergy is now allowable, unlefs taken away 
by exprefs words of an aft of parliament. 2 Iial. P. C. 330. 
That where clergy is taken away from the principal, it is 
not of courfe taken away from the acceffory, unlefs he be 
alio particularly included in the words of the ftatute. 
And, where clergy is taken away exprefsly by any lta¬ 
tute, the offence mult be laid in the indiftment to be 
againft that very ftatute, and the words of it, or the of¬ 
fender lhall have his clergy. Kel. 104. H. P. C. 231. That 
when the benefit of clergy is taken away from the offence, 
(as in cafe of murder, robbery, rape, See.) a principal in 
the fecond degree, being prelent aiding and abetting the 
crime, is excluded from his clergy equally with him that 
is principal in the firft degree; but where it is only taken 
away from the perfon committing the offence, (as in the 
cafe of (tabbing, or larceny in a dwelling- houie, or pri¬ 
vately Healing from the perfon,) his aiders and abettors 
are not excluded, as fuch itatutes are to be taken literally. 
1 Hal. P. C. 529. Fojler 356, 7. 
4. The confequences are fuch as affeft the prefent in- 
terelt and future credit and capacity of the party, as hav¬ 
ing been once a felon, but now purged from that guilt by 
the privilege of clergy, which operates as a kind of lta¬ 
tute pardon. By this conviftion the offender forfeits all 
his goods to the king, which being once veited in the 
crown, lhall not afterwards be reltored to the offender. 
2 Hal. P. C. 388 Alter conviftion, and till he receives 
the judgment of the law by branding, or fome of its fub- 
feitutes, or eife is pardoned by the king, he is, to all in¬ 
tents and purpofes, a felon, and fubjeft to all the difabili- 
ties and other incidents of a felon. 3 P. Wins. 487. After 
burning, or its lubftitute, or pardon, he is di(charged for 
ever of that and all other clergyable felonies before com¬ 
mitted ; but not of felonies from which benefit of clergy 
is excluded ; and this by fiats. 8 Eliz, c. 4. and 18 Eliz. 
c. 7. By the burning, or its fubftitute, or the pardon of 
it, he is reftored to all capacities and credits, and the pof- 
felfion of his lands, as if he had never been convifted. 
2 Hal. P. C. 389. What is laid with regard to the advan¬ 
tages of commoners and laymen, fubfequent to the burn¬ 
ing' in the hand, is equally' applicable to all peers and 
clergymen, although never branded at all, or fubjefted to 
other punifhment in its Head. 2 Hal. P. C. 390. It is 
holden, that after a man is admitted to his clergy, it is 
aftionable to call him felon; becaufe his offence being 
pardoned by the ftatute, all the infamy, and other confe¬ 
quences of it, are difeharged. 2 Hawk. P. C. c. 33. As to 
what felonies are within, and what without, clergy, fee 
the article Felons. 
Clerico infra Jacros ordines eonjlituto, non eligetido in offi- 
ciutn. A writ dirtfted to thole who have thruft a baili¬ 
wick, or other office, upon one in holy orders, charging 
them to releafe him. 
Clerico capto per Jlatutum mercatorum , &c. A writ for 
the delivery of a clerk out of prifon, who is taken and 
imprifoned upon the breach of a ftatute-merchant. 
Clerico convifto commiffo gaol at in defeflu ordinarii deli- 
berando. An ancient writ that lay fer the delivery of a 
clerk to . is ordinary, that was formerly convifted of fe¬ 
lony, by reafon his ordinary did not challenge him ac¬ 
cording to the privileges of clerks. 
“ An ounce of mother-wit is worth a pound of cler¬ 
gy.” This proverb is Scottilh; in Englilh we fay, The 
greateft deiks (or fcholars) are not always the wifeft 
men. The meaning is, that natural abilities, without 
learning, are by much to be preferred to learning without 
a good natural genius ; for the latter can at belt but pro¬ 
duce a learned pedant. The Latins fay, Merus fcboliaJH- 
cu , merits afinus, i. e. A mere fcholar, a mere afs. 
CLER'GYABLE, adj. The epithet given to felonies 
C L E 663 
within the benefit of clergy.—The prifoner, if convifted 
of a clergyable felony, is entitled equally to his clergy af¬ 
ter as berore conviftion. Blackjione. 
CLER'GYMAN, f. A perlon in holy orders; a man 
fet apart toi mimltration of holy things-; not a laic.—It 
ieems to be in the power of a reaionable clergyman to make 
the moll ignorant man comprehend his duty. Swift. 
CLE'RICAL, adj. [ cleriau , Lat.] Relative to the cler¬ 
gy : as, a clerical man, a man in orders. 
CLERIEU'X, a town of France, in the department of 
the Drome, and chief place of a canton, in the diftrift of 
Romans: five miles north-welt of Romans. 
CLERI'NCE, a town of Poland, in the palatinate of 
Braclaw : forty four miles fouth-iouth-weft of Braclaw. 
CLERK, / [clepic, Sax. clericus, Lat.] The law term 
for a clergyman, and by which all of them who have not 
taken a degree, are defignated in deeds, &c. Pafquier 
obferves, the officers of the counts (comites ) were an¬ 
ciently created under the title of clerks of accompts ; and 
fecretaries of fiate were called clerks of the fecret. So cle¬ 
ricus domini regis, in the time of Edward i. was Engliftied, 
tie king's J'ecretary, or clerk of his council. The term was 
applied indifferently to all who made any profeffion of 
learning, or who knew how to manage the pen; though 
originally it was appropriated to ecclefiaftics only. The 
reafon of this feems to have been, that, as the clergy, in 
the early ages, engroffed almolt every other branch of 
learning, lo were they peculiarly remarkable for their 
proficiency in the ftudy of the law. Nullus clericus nifi 
caufiduus, is the character given of them loon after the 
conqueft by William of Malmlbury. The judges there¬ 
fore were ufually created out of the fiicred order; and all 
the inferior offices were fupplied by the lower clergy, 
which has occalioned their lucceffors to be denominated 
clerks to this day. This term is likewife applied to per- 
fons employed to keep the books in mercantile and trading 
concerns, as well as in many of the courts and feparate 
departments of the law ; and of which clerks we may no¬ 
tice the following, viz. 
Clerk of the Aids. —An officer in the navy-office, whofe 
bufinefs it is to record all orders, contrafts, bills, war¬ 
rants, &c. tranfafted by the lord high admiral, or lords 
commiffioners of the admiralty, and commilfioners of the 
navy. Stat. 22 & 23 Car. II. 
Clerk of Affida-vits. —In the court of chancery, is an of¬ 
ficer that files all affidavits made ufe of in that court. 
Clerk of the Affize. —An officer who writes all things ju¬ 
dicially done by the juftices of affize in their circuits. 
This officer is affociated to the judge in commiffions of 
affize, to take afiizes, &c. Clerk of the affize lhall not be 
counfel witli any perlon on the circuit. Stat. 33 Hen. VIII. 
c. 24. To certify the names of felons convift, how 
punilhed for concealing. See. any indiftmentj recogni¬ 
zance, fine, or forfeiture. Stats. 22 Sc 23 Car. II. c. 22. 
3 Geo. I. c. 15. To take but two findings for drawing an 
indiftment, and nothing if defeftive. 10& n W. III. c. 23. 
Fineable for falfely recording appearances of perlons re¬ 
turned on a jury. 3 Geo. II. c. 25. 
Clerk of the Bails. —An officer belonging to the court of ■ 
King’s-beuch. He files the bail-pieces taken in that court, 
and attends for that purpofe. 
Clerk of the Cheque. —An officer in the king’s court, fo 
called becaufe he hath the cheque and controlment of the 
yeomen of the guard, and all other ordinary yeomen be¬ 
longing either to the king, queen, or prince; giving leave,, 
or allowing their abfence in attendance, or diminilhing 
their wages for the fame; he alfo, by himfelf, or deputy, 
takes the view of thole that are to watch in the court, 
and hath the letting of the watch. Stat. 33 H. VIII. c. 12. 
Alfo there is an oifiper of the fame name in the king’s 
dock-yards at Plymouth, Deptford, Woolwich, Cha¬ 
tham, See. 
Clerk Controller of the King's Houfe , (whereof there are 
two.)—An officer in the king’s court, that hath authority 
to allow or dilallow charges and demands of purfuivants, 
mefl’engers 
