The History of England in Three Volumes, Vol. I., Part A.: From the Britons of Early Times to King John
David Hume · en
The ecclesiastics in that age had renounced all immediate subordination
to the magistrate: they openly pretended to an exemptior, in criminal
accusations, from a trial before courts of justice; and were gradually
introducing a like exemption in civil causes: spiritual penalties alone
could be inflicted on their offences; and as the clergy had extremely
multiplied in England, and many of them were consequently of very low
characters, crimes of the deepest dye--murders, robberies, adulteries,
rapes--were daily committed with impunity by the ecclesiastics. It
had been found, for instance, on inquiry, that no less than a hundred
murders had, since the king’s accession, been perpetrated by men of that
profession, who had never been called to account for these offences; and
holy orders were become a full protection for all enormities. A clerk
in Worcestershire, having debauched a gentleman’s daughter, had, at
this time, proceeded to murder the father; and the general indignation
against this crime moved the king to attempt the remedy of an abuse
which was become so palpable, and to require that the clerk should be
delivered up, and receive condign punishment from the magistrate. Becket
insisted on the privileges of the church; confined the criminal in
the bishop’s prison, lest he should be seized by the king’s officers;
maintained that no greater punishment could be inflicted on him than
degradation; and when the king demanded that, immediately after he was
degraded, he should be tried by the civil power, the primate asserted
that it was iniquitous to try a man twice upon the same accusation, and
for the same offence.