Page:Cyclopaedia, Chambers - Volume 1.djvu/389

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tion the Bifhopricks are much impair'd. See Bishcfrick, Dihcess, £?c-

The Revenues of the inferior Clergy, in the genera!, are fmall ; a third Fart of the heft Benefices being antiently, by the Pope's Grant, appropriated to Monasteries ; upon the Diflolution whereof they became Lay-Fees. See Abbey, Fee, igc.

Indeed, an Addition w;is made 2 Ann£ ; the whole Re- venue of Firlt-Fruits and Tenths being then granted, to raife a 1 Fund for the Augmentation of the Maintenance of the Poor Clergy •' purfuant to which, a Corporation was form'd, by the Name of the Governours of the Bounty of gnteen Anne, for the Augmentation of the Maintenance of the 'Poor Clergy ; to whom the faid Revenues were convey'd in Trutt, ISc. See Augmentation.

Clergy is alfo us'd for an antient Liberty of the Church, confirm 'd by feveral Acts of Parliament ; confining in this, that when a Prieit, or one in Orders, was arraign'd of Felo- ny before a fecular Judge, he might pray his Clergy, i.e. he might pray to be deliver'd to his Ordinary, to purge him- (elf of the Ctime objected againft him.

This was admitted, even in Cafes of Murder : But feve- ral Statutes made in aftertimes have abridg'd and reltrain'd this Privilege.

The antient Courfe of the Law is now much alter' d on this Head ; for by the Stat. 18 Eliz. cap. 7. Clerks are no more committed to their Ordinaries to be purg'd ; but every Man to whom the Benefit is granted, tho not in Orders, is put to read at the Bar, after he is found guilty, and convic- ted of fiich Felony; and fo, burnt in the Hand, and fet free lor the firft time, if the Ordinary's Commifiioner, or De- puty (landing by, do fay, Legit at Clericus ; otherwise he fuf- iers Death.

CLERICO Jdmittetido, in Law, a Writ directed to the Bilhop, for the admitting a Clerk to a Benefice upon a Ne admittas, try'd, and found for the Party who procures the Writ.

Cleiwco caito fer Stctiitwn Mercatorum, is a Writ for the Delivery of a Clerk out of Prifon, who is imprifon'd up- on the Breach of Statute Merchant.

Clerico conviHo commijfo Gaolg in defetlu Ordinarii deliberandi), is a Writ for the Delivery of a Clerk to his Or- dinary, that was formerly convicted of Felony ; by reafon his Ordinary did not challenge him according to the Privi- lege of Clerks.

Clerico intra facros Ordines conftituto non eligendo in offiatim, is a Writ directed to the Bailiffs, S?c. that have thruft a Bailiwick or Beadlefhip upon one in Holy Orders ; charging them to releafe him.

CLERK, Clericus, an antient Word, formerly us'd to fig- pify a learned Man, or Man of Letters.

Thus, Tafpticr obferves, the Officers of the Counts, Co- mites, were antiently created under the Title of Clerks of Accompts; and Secretaries of State were call'd Clerks of the Secret. So, Clericm Domini Regis, in the Time of Ed- ward I. was cnglifh'd, the King's'Secretary, or Clerk of his Council.

ThisTerm, Clerk, was apply'd indifferently to all who made any Profeffion orLeatning ; or who knew how to manage the Pen: tho, originally it was appropriated to Ecclefiafticks.

As the Nobility and Gentry were ufually brought up to the Excrcife of Arms ; there was none but the Clergy left to cultivate the Sciences; Hence, as it was the Clergy alone who made any Profefiion of Letters, a very learned Man came to be call'd a great Clerk ; and a ftupid ignorant Man, a bad Clerk.

Ronfard, in his old Language, ufes the Word femininely, Clergejfe for a learned Woman.

Mais trop plus eft h craindre une femmc Clergeffe.

The Word Clerk, and its Derivatives, come from the Greek x^Sf©-, us'd for Clergy, but more properly fignifying Lot, or Heritage ; in regard the Lot, and Portion of Clerks or Ecclefiafticks is to ferve God.

Accordingly, Clems was at firft us'd to fignify thofe who had a particular Attachment to the Service of God.

The Origin of the Exprefiion is deriv'd from the Old Teftamrnt, where the Tribe of Levi is call'd the Lot, He- ritage, «*»?©■ ; and God is reciprocally call'd their Portion : by reafoo that Tribe was confecratcd to the Service of God, and liv'd on the Offerings made to God, without any other fettled Provision as the reft had. See Clergy.

Clerk is-alfo us'd in the general for all thofe of theEccle- fcftical State, or who are in Orders, of any Degree, or Kind ; from the Deacon to the Prelate. See Orders, Deacon, Bishop, £-?g.

"let, in its utmoft Latitude, the Word alfo includes Chan- tors, Acolythi, Exorciftce, and Oftiarii. See Chantor, A- colytiii, Exorcist, 15c.

In this Scn!e< the Canons excommunicate all thofe who lay hands on a. Clerk. SeeORt>ER Sj Ecclesiastic, Priest,

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CLE

he appointing any

A Council held in Africa, prohibited the Clerk to be a Tutor, Guardian, or Curator, by TeftamentrThe Council of Elvira enjoins Continence on all Clerks Biihops 1 netls, and Deacons, on Pain of being ftripp'd of 'their Cle'- ticature. See Celibate.

Aeephalus Clerk, in the Vlth Centurv, was a Name given to thofe Clerks who feparated from the' Bifhop, and chofe not to live any longer in Community with him ; in contra- diHmction to Cmiw-Clerks, who continu'd to live with the Bifhop, according to the Canons. See Canon.

Clerk, is alfo a Title given to feveral Officers in the Royal Palace, the Courts of Juftice, Revenue, Army, Navy, iSc. The principal of thefe are as follow.

Clerk of the Jtls, is an Officer of the Navy, who re- ceives and enters the Commiffions and Warrants of the Lord Admiral ; and registers the Afts and Otdinances of the Comrnifiionorsof the Navy. See Navy, Admiral, Sgc.

Clerk of Aj/ize, is he that writeth all things judicially done by the Justices of Affize, in their Circuits. See Assize.

Clerk 0/ the Check, is an Officer in Court ; fo call'd, becaute he hath the Check and Controlement of the Yeo- men of the Guard, and all other ordinary Yeomen, orUfhers, belonging either to the King, Queen, or Prince ; giving leave, or allowing their Abfence, or Defcfls in Attendance; or dimimiriing their Wages for the fame. See Check.

Clerk of the Crown, an Officer in the King's-Bencli Court, whole Bufinefs is to read, frame, and record all In- diflments againit Traytors, Felons, and other Offenders there arraign'd upon any pubiick Crime. See Crown.

Clerk of the Ctofet, is a Divine ; otherwife called Cm- feffor to his Majcfly; whole Office is to attend at the King's right Hand during Divine Service, to refolve all Doubts con- cerning Spiritual Matters, to wait on the King in his private Oratory, i$c. See Closet.

Clerk of the Cro-ivu, in Chancery, an Officer, who by himfelf, or Deputy, is continually to attend the Lord Chan- cellor, or Lord Keeper, lor fpecial Matters of State, by Com- miffion, or the like either immediately from his Maiefty, or by Order of his Council ; as well ordinary as extraordi- nary :^ Alfo all general Pardons, upon Grants of them at the King's Coronation or in Parliament, the Writs of Par- liament, with the Names of the Knights, Citizens, and Burgeffes, are return'd into this Office. He hath alfo the making of fpecial Pardons, and Writs of Execution upon Bonds of Statute Staple forfeited.

Clerk of the Deliveries, is an Officer in the Tower, who takes Indentures for all Stores iffued thence. See Tower.

Clerk of the Enrollments of Fines and Recoveries, is an Officer in the Court of Cpmmon Pleas, under the three El- der Judges of that Court, and removable at their Pleafure. See Enrollment. *

Clerk of the Errors, in the Court of Common Pleas, tranferibes and certifies into the King's-Bench the Tenor of the Records of the Caufe, or Action, upon which the Writ ot Error is brought there to be determin'd. See Errors.

Clerk of tic Errors, in the King's-Bench, does likewife ttanferibe, and certify the Records of fuch Caufes in that Court into the Exchequer ; if the Caufe, or Action, is by Bill. See 'Kma's-Sench.

Clerk of the Errors, in the Exchequer, tranferibes the Records certify'd thither out of the King's-Bench ; and prepares them for Judgment in the Court of Exchequer, to be given by the Juftice of the Common Pleas, and Barons there. See Exchequer.

Clerk of the Effbigns, is an Officer belonging to the Court of Common Pleas 5 who keeps the Effoign-Roll, or enters Effoigns. He alfo provides 'Parchment, cuts it into Rolls, makes the Number on them ; delivers out all the Rolls to every Officer, and receives them again when writ- ten. See Essoign.

Clerk of the Eftreats, belongs to the Exchequer ; and every Term receiveth the Eftreats out of the Lord Treafu- rer's Remembrancer's Office, and writeth them out to be levy'd for the King. He alfo maketh Schedules of fuch Sums eftreated as are to be difcharg'd. See Estreat.

Clerk of the Hamper, or Hanafer ; or Warden of the Hamper ; is an Officer in Chancery, whofe Bufinefs is to receive all Money due to the King for the Seals of Charters, Patents, Commifiions, and Writs : as alfo Fees due to the Officers for enrolling and examining the fame. He is oblig'd to attend on the Lord Chancellor, or Lord Keeper daily in Term time; and at all Times of Sealing. See Hamver.'

Clerk of the Juries, or Curata Writs, is an Officer be- longing to the Court of Common Pleas ; who maketh out the Writs call'd Habeas Corpus, and Diftringas, for the Ap- pearance of the Jury, either in Court, or at the Affizes ; after the Pannel is return'd upon the Venire Facias. See Jury.

Clerk Comptroller of the King's Hotife, an Officer of the Court, who has Place and Seat in the Compting-Houfe ; with Authority to allow or difallow the Charges and Demands of Purfuivants, and Meflengers of the green Cloth, Purvey- ors,