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
To provide such necessary remedy, it was enacted that thenceforward no
person under the degree of subdeacon, if guilty of felony, should be
allowed to plead "his clergy" any more, but should be proceeded against by
the ordinary law. So far it was possible to go--an enormous step if we
think of what the evil had been; and in such matters to make a beginning
was the true difficulty--it was the logical premise from which the
conclusion could not choose but follow. Yet such was the mystical
sacredness which clung about the ordained clergy, that their patent
profligacy had not yet destroyed it--a priest might still commit a murder,
and the profane hand of the law might not reach to him.
The measure, however, if imperfect, was excellent in its degree; and when
this had been accomplished, the House proceeded next to deal with the
Arches Court--the one enormous grievance of the time. The petition of the
Commons has already exhibited the condition of this institution; but the
act by which the power of it was limited added more than one particular to
what had been previously stated, and the first twenty lines of the statute
which was now passed[346] may be recommended to the consideration of the
modern censors of the Reformation. The framer of the resolution was no bad
friend to the bishops, if they had possessed the faculty of knowing who
their true friends were, for the statement of complaint was limited, mild,
and moderate. Again, as with the "benefit of clergy," the real ground for
surprise is that any fraction of a system so indefensible should have been
permitted to continue. The courts were nothing else but the vicious sources
of unjust revenue; and with the opportunity so fairly offered, it is
strange indeed that they were not swept utterly away. But sweeping measures
have never found favour in England. There has ever been in English
legislation, even when most reforming, that temperate spirit of equity
which has refused to visit the sins of centuries upon a single generation.
The statute limited its accusations to the points which it was designed to
correct, and touched these with a hand firmly gentle.
Public-domain text, read in full here on John Shaqi.
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