Social Life in England Through the CenturiesHall, H. R. Wilton
History
Social Life in England Through the Centuries
Hall, H. R. Wilton
England -- Social life and customs
There are many thousands of boys to-day who are choir-boys. In
early times those admitted to such an office as that had to be
ordained, or set apart for the purpose, by the bishop. That
ordaining made them clerks or clergy; and they were then under the
authority of the bishop or his officers. If they did wrong, they
were tried and punished in the bishop's court.
In the course of years there grew up, side by side, two different
set of courts of justice, the Church Courts and the King's Courts,
which were each guided by different laws. The laws which ruled the
Church Courts were much more merciful than those which ruled the
civil or King's Courts. Death was the punishment for almost every
offence tried in the King's Courts and in the Manor Courts; but in
the Church Courts the punishments were much less severe, and the
culprit had a much better chance of "turning over a new leaf".
If a man was brought before the King's Court charged with a crime,
he could call for a book. If he could read a few sentences, that
was taken to show that he was a clerk, and he could claim to be
tried by the Church Court. That is, he could claim "benefit of
clergy".
You can readily see that such a state of things, however good it
may have been at the first, was dreadfully abused in the course
of time. What at first had been merciful and just became in time
mischievous and dangerous. The great struggle between King Henry II
and Archbishop Thomas à Becket had to do with the power of these
two sets of courts, the King's Courts and the Church Courts--it had
to do with government, _not_ with religion and religious matters.
Clerks, or the clergy, were drawn from all classes of society, from
the royal family down to the serfs on the manors. In fact, before
the time of the Black Death, the only way in which a serf could
become a freeman was by buying his freedom or by becoming a clerk.
A serf who wanted his son to rise to a better position than his
own would try to get him made a clerk; for the moment he became a
clerk he was a free man. But to attain his purpose the serf must
first have the permission of his master or overlord. All overlords
were not tyrants by any means. The serf might do his master a good
turn--save his life, for instance--and in return his master would
set him free, or allow his son to be taught by the priest and
ordained; or he might let him join a college or monastery.
Many and many a priest, clerk, or monk rose from being a serf or a
villein in this way; so many, in fact, that a writer in the twelfth
century complains that villeins were attempting "to educate their
ignoble offspring". Later still, Piers Plowman complains that
"bondsmen's bairns could be made bishops".
There was a very sharp line of division between clerks and those
who were not clerks, and the privileges which clerks had, led to
much squabbling and many disorders.
Public-domain text, read in full here on John Shaqi.
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