The king, on his side, wisely chose the strongest and more popular
ground of the immunities of the clergy from all temporal jurisdiction.
He appeared as guardian of the public morals, as administrator of equal
justice to all his subjects, as protector of the peace of the realm.
Crimes of great atrocity, it is said, of great frequency, crimes such as
robbery and homicide, crimes for which secular persons were hanged by
scores and without mercy, were committed almost with impunity, or with
punishment altogether inadequate to the offence by the clergy; and the
sacred name of clerk, exempted not only bishops, abbots, and priests,
but those of the lowest ecclesiastical rank from the civil power. It was
the inalienable right of the clerk to be tried only in the court of his
bishop; and as that court could not award capital punishment, the utmost
penalties were flagellation, imprisonment, and degradation. It was only
after degradation, and for a second offence (for the clergy strenuously
insisted on the injustice of a second trial for the same act,)[43] that
the meanest of the clerical body could be brought to the level of the
most highborn layman. But to cede one tittle of these immunities, to
surrender the sacred person of a clergyman, whatever his guilt, to the
secular power, was treason to the sacerdotal order: it was giving up
Christ (for the Redeemer was supposed actually to dwell in the clerk,
though his hands might be stained with innocent blood) to be crucified
by the heathen.[44] To mutilate the person of one in holy orders was
directly contrary to the Scripture (for with convenient logic, while the
clergy rejected the example of the Old Testament as to the equal
liability of priest and Levite with the ordinary Jew to the sentence of
the law, they alleged it on their own part as unanswerable.) It was
inconceivable, that hands which had but now made God should be tied
behind the back, like those of a common malefactor, or that his neck
should be wrung on a gibbet, before whom kings had but now bowed in
reverential homage.[45]
The enormity of the evil is acknowledged by Becket's most ardent
partisans.[46] The king had credible information laid before him that
some of the clergy were absolute devils in guilt, that their wickedness
could not be repressed by the ordinary means of justice, and were daily
growing worse.
Public-domain text, read in full here on John Shaqi.
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