England under the TudorsInnes, Arthur D. (Arthur Donald)
History
England under the Tudors
Innes, Arthur D. (Arthur Donald)
Great Britain -- History -- Tudors, 1485-1603
In another respect however there was a serious demand for reform; namely
the legal and judicial privileges which the ecclesiastical body had
acquired in the course of centuries, and which had gradually become the
source of serious abuses. The administration of certain branches of the
Civil Law had been absorbed by the Clerics, who were charged with
converting their functions into an elaborate machinery for extorting fees;
and on the Criminal side, what was known as Benefit of Clergy, as well as
the rules of Sanctuary, had become not merely anomalous but an actual
encouragement to crime. Any criminal or accused person who succeeded in
reaching Sanctuary was safe from the secular arm; and any one who could
produce evidence, even of the flimsiest character, that he was a cleric
could claim to be tried by the ecclesiastical instead of the secular
courts. Originally these privileges had been of very great service in the
wild days when judicial treatment was at least more readily obtainable from
the Clergy, when trial by ordeal was common, and the merciless punishments
of the ordinary law gave place to the milder but not ineffective penalties
of Ecclesiastical discipline. Even the legal fictions by which evildoers
were allowed to claim Benefit of Clergy as Clerics had their justification.
But when even murderers could escape with a moderate penance as Clerics,
because they could read, the general public were hardly the better. A
beginning of reform in this direction had been made when Henry VII.
obtained a Bull diminishing the rights of Sanctuary in cases of treason;
and again in 1511 when the rights both of Sanctuary and Benefit of Clergy
were withdrawn from murderers. It was noteworthy however that there was a
protest against even this made by the Clergy in 1515; when one Dr.
Standish, for justifying the measure, was attacked by the Bishops in
Convocation. Warham and Fox both supported the old privileges. The temporal
lords on a commission appointed to enquire into the matter sided with
Standish, and declared that the Bishops had incurred the penalties of
praemunire. Wolsey tried to persuade the King to refer the question to the
Pope, but the King asserted the rights of the Crown in uncompromising
terms. The Bishops had to submit to a sharp rebuke, and Standish was made a
Dean not long after. The episode was a premonition of future events.
[Sidenote: The Educational Movement]
Public-domain text, read in full here on John Shaqi.
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