History of the Moorish Empire in Europe, Vol. 3 (of 3)Scott, S. P. (Samuel Parsons)
Islamic
History of the Moorish Empire in Europe, Vol. 3 (of 3)
Scott, S. P. (Samuel Parsons)
Arabs -- Europe -- History; Islamic civilization; Muslims -- Spain -- History; Spain -- History -- 711-1516
These excesses were encouraged by the insignificant penances imposed
for their commission. Some escaped with a reprimand, especially when
the prior was known to be equally guilty. Among the English clergy,
mortal sin could be condoned for the trifling sum of six shillings
and eight pence. Bearing a crucifix through the aisles of the church
and a fine of three shillings and four pence entitled a delinquent
to absolution for incest. Fornication was expiated by an offering
of candles and the repetition of a few Paters and Aves. As in the
case of the laity, a regular schedule existed, accurately defining
the punishments to be inflicted for every degree of ecclesiastical
misconduct.
The ordinary criminal courts of judicature, through the operation
of privileges extorted from stupid and fanatical sovereigns by the
astuteness of designing churchmen and the prejudices of a superstitious
age, had no authority over a clerk until he had been condemned by a
religious tribunal. The course of prosecution, in which the sympathies
of the judges were enlisted on the side of the culprit, through the
bond of a common profession, and often by reason of participation
in similar offences, was always slow and sometimes interminable. By
these delays, and the purposely complicated process of the spiritual
courts, the civil statutes were practically nullified. The mutual
antagonism of the lay and clerical professions indirectly encouraged
the most revolting crimes. As the learning of Europe was monopolized
by the clergy, every one who was able to read was deemed a “clerk,”
and could demand the interference and protection of the ecclesiastical
authorities in case of arrest. The tonsure was also regarded as
prima-facie evidence of being in orders, and of equal efficacy in
obtaining immunity, as many of the priesthood were ignorant of letters.
By taking advantage of these privileges, so dangerous to the welfare of
society, desperate malefactors continually escaped the consequences of
their deeds; and the criminal, whose scanty learning or shaven crown
suggested a connection with the all-powerful hierarchy, was demanded
in vain by the official avengers of the outraged laws. The benefit of
clergy was carried to such extremes in England that Parliament found
it necessary on one occasion to proceed by bill of attainder against
the Bishop of Rochester’s cook, who, wearing the tonsure and assisted
by the influence of his master, had defied the criminal magistracy
and tribunals of the realm. The rendition of a trifling service, the
payment of a sum of money proportioned to the means of the applicant,
and which was often the proceeds of the crime for which absolution
was requested, relieved the highwayman and the murderer from all
apprehension of the penalties of secular justice.
Public-domain text, read in full here on John Shaqi.
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