The Reign of Henry the Eighth, Volume 1 (of 3)Froude, James Anthony
History
The Reign of Henry the Eighth, Volume 1 (of 3)
Froude, James Anthony
Great Britain -- History -- Henry VIII, 1509-1547; Henry VIII, King of England, 1491-1547
I have already alluded to the abuse of "benefit of clergy;"[344] we have
arrived at the first of those many steps by which at length it was finally
put away,--a step which did not, however, as yet approach the heart of the
evil, but touched only its extreme outworks. The clergy had monopolised the
learning of the middle ages, and few persons external to their body being
able to read or write, their privileges became co-extensive, as I above
stated, with these acquirements. The exemption from secular jurisdiction,
which they obtained in virtue of their sacred character, had been used as a
protection in villainy for every scoundrel who could write his name. Under
this plea, felons of the worst kind might claim, till this time, to be
taken out of the hands of the law judges, and to be tried at the bishops'
tribunals; and at these tribunals, such a monstrous solecism had
Catholicism become, the payment of money was ever welcomed as the ready
expiation of crime. To prevent the escape of the Bishop of Rochester's
cook, who was a "clerk," parliament had specially interfered, and sentenced
him without trial, by attainder. They now passed a general act, remarkable
alike in what it provided as in what, for the present, it omitted to
provide.[345] The preamble related the nature of the evil which was to be
remedied, and the historical position of it. It dwelt upon the assurances
which had been given again and again by the ordinaries that their
privileges should not be abused; but these promises had been broken as
often as they had been made; so that "continually manifest thieves and
murderers, indicted and found guilty of their misdeeds by good and
substantial inquests, and afterwards, by the usages of the common lawes of
the land, delivered to the ordinaries as clerks convict, were speedily and
hastily delivered and set at large by the ministers of the said ordinaries
for corruption and lucre; or else because the ordinaries enclaiming such
offenders by the liberties of the church would in no wise take the charges
in safe keeping of them, but did suffer them to make their purgation by
such as nothing knew of their misdeeds, and by such fraud did annull and
make void the good and provable trial which was used against such offenders
by the king's law; to the pernicious example, increase, and courage of such
offenders, if the King's Highness by his authority royal put not speedy
remedy thereto."
Public-domain text, read in full here on John Shaqi.
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