CLERGY, a general name given to the body of ecclesiastics of the Christian church, in contradistinction to the laity. See LAITY.
The distinction of Christians into clergy and laity was derived from the Jewish church, and adopted into the Christian by the apostles themselves: whenever
any number of converts was made, as soon as they were capable of being formed into a congregation or church, a bishop or presbyter, with a deacon, were ordained to minister to them. Of the bishops, priests, and deacons, the clergy originally consisted; but in the third century, many inferior orders were appointed, as subservient to the office of deacon, such as ACOLUTHISTS, READERS, &c.
This venerable body of men being separated and set apart from the rest of the people, in order to attend the more closely to the service of Almighty God, have therefore large privileges allowed them by our municipal laws; and had formerly much greater, which were abridged at the time of the reformation, on account of the ill use which the Popish clergy had endeavoured to make of them. For, the laws having exempted them from almost every personal duty, they attempted a total exemption from every secular tie. But it is observed by Sir Edward Cooke, that as the overflowing of waters doth many times make the river to lose its proper channel, so, in times past, ecclesiastical persons seeking to extend their liberties beyond their due bounds, either lost, or enjoyed not, those which of right belonged to them. The personal exemptions do indeed for the most part continue: a clergyman cannot be compelled to serve on a jury, nor to appear at a court-leet, or view of frank-pledge, which almost every other person is obliged to do; but if a layman is summoned on a jury, and before the trial takes orders, he shall notwithstanding appear and be sworn. Neither can he be chosen to any temporal office, as bailiff, reeve, constable, or the like; in regard of his own continual attendance on the sacred function. During his attendance on divine service, he is privileged from arrests in civil suits. In cases also of felony, a clerk in orders shall have the benefit of his clergy, without being branded in the hand; and may likewise have it more than once; in both which particulars he is distinguished from a layman. But, as they have their privileges, so also they have their disabilities, on account of their spiritual avocations. Clergymen are incapable of sitting in the house of commons; and by statute 21 Hen. VIII. c. 13. are not in general allowed to take any lands or tenements to farm, upon pain of 101. per month, and total avoidance of the lease; nor, upon like pain, to keep any tap-house or brew-house; nor engage in any manner of trade, nor sell any merchandise, under forfeiture of treble value. Which prohibition is consonant to the canon law.