Burning In The Hand

When a layman was admitted to benefit of the clergy he was burned in the hand, "in the brawn of the left thumb," in order that he might not claim the benefit twice. This practice was finally abolished by St. 19 Geo. III. c. 74, though before that time the burning was often done with a cold iron. 12 Mod. 448; 4 Bl. Comm. 267 et seq.

When a layman was admitted to benefit of the clergy he was burned in the hand, "in the brawn of the left thumb," in order that he might not claim the benefit twice. This practice was finally abolished by stat. 19 Geo. III. c. 74; though before that time the burning was often done with a cold iron; 12 Mod. 448; 4 Bla. Com. 267. See Benefit of Clergy.

In old English criminal law, laymen, upon being accorded the benetit of clergy, were burned with a hot iron in the brawn of the left thumb, in order that, being thus marked, they could not again claim their clergy. 4 Bl. Comm. 367.

In old criminal law and practice. The punishment of burning with a hot iron on the brawn of the left thumb, formerly inflicted upon lay ofifenders who were allowed the benefit of <il^rgy. in order to distinguish their persons, so as to prevent their ckiming that privilege a second time. 4 Bl. Com. 367. 6 Co, 61. The old entry of judgment in these cases was: Ideo consideratum est quod (le offender) cauterizetur in manu sita Iceva, dec.; Therefore it is considered that (the offender) be burnt in his left hand, &c. Host, Entr, 1, 6, & 66 a. T. Raym. 370. The burning itself was done in open court, and seems to have been subject t© the direction of the judges. 1 Salk. 61. Thus, in an old case where a prisoner was found guilty of manslaughter, under circumstances of great provocation, it is said he '' had his clergy at the bar, and was burned in the hand, and the court directed the executioner to bum him gently, because there could not be greater provocation." T. Baym, 212. To what length the courts carried their discretion in this particular appears strikingly from a remark made by counsel in a more modem case, that ". the punishment of burning in the hand is constantly and notoriously done in the face, and with the knowledge of the judges themselves, with a cold iron. 2 Burr. 794. See Clergy, Benefit of clergy. '