Constitutional History of England, Henry VII to George II. Volume 1 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 1 of 3
Hallam, Henry
Constitutional history -- Great Britain
Those who took little interest in theological questions, or who retained
an attachment to the faith in which they had been educated, were in
general not less offended than the Lollards themselves with the
inordinate opulence and encroaching temper of the clergy. It had been
for two or three centuries the policy of our lawyers to restrain these
within some bounds. No ecclesiastical privilege had occasioned such
dispute, or proved so mischievous, as the immunity of all tonsured
persons from civil punishment for crimes. It was a material improvement
in the law under Henry VI. that, instead of being instantly claimed by
the bishop on their arrest for any criminal charge, they were compelled
to plead their privilege at their arraignment, or after conviction.
Henry VII. carried this much farther, by enacting that clerks convicted
of felony should be burned in the hand. And in 1513 (4 H. 8), the
benefit of clergy was entirely taken away from murderers and highway
robbers. An exemption was still made for priests, deacons, and
subdeacons. But this was not sufficient to satisfy the church, who had
been accustomed to shield under the mantle of her immunity a vast number
of persons in the lower degrees of orders, or without any orders at all;
and had owed no small part of her influence to those who derived so
important a benefit from her protection. Hence, besides violent language
in preaching against this statute, the convocation attacked one Doctor
Standish, who had denied the divine right of clerks to their exemption
from temporal jurisdiction. The temporal courts naturally defended
Standish; and the parliament addressed the king to support him against
the malice of his persecutors. Henry, after a full debate between the
opposite parties in his presence, thought his prerogative concerned in
taking the same side; and the clergy sustained a mortifying defeat.
About the same time, a citizen of London named Hun, having been confined
on a charge of heresy in the bishop's prison, was found hanged in his
chamber; and though this was asserted to be his own act, yet the
bishop's chancellor was indicted for the murder on such vehement
presumptions, that he would infallibly have been convicted, had the
attorney-general thought fit to proceed in the trial. This occurring at
the same time with the affair of Standish, furnished each party with an
argument; for the clergy maintained that they should have no chance of
justice in a temporal court; one of the bishops declaring, that the
London juries were so prejudiced against the church, that they would
find Abel guilty of the murder of Cain. Such an admission is of more
consequence than whether Hun died by his own hands, or those of a
clergyman; and the story is chiefly worth remembering, as it illustrates
the popular disposition towards those who had once been the objects of
reverence.[83]
Public-domain text, read in full here on John Shaqi.
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