Jump to content

Page:History of england froude.djvu/216

From Wikisource
This page has been proofread, but needs to be validated.
194
REIGN OF HENRY THE EIGHTH
[ch. 3.

stance to be found of suspension and excommunication for the simple crime of offering shelter to an excommunicated neighbour; and thus offence begot offence, guilt spread like a contagion through the influence of natural humanity, and a single refusal of obedience to a frivolous citation might involve entire families in misery and ruin.

The people might have endured better to submit to so enormous a tyranny, if the conduct of the clergy themselves had given them a title to respect, or if equal justice had been distributed to lay and spiritual offenders. 'Benefit of clergy,' unhappily, as at this time interpreted, was little else than a privilege to commit sins with impunity. The grossest moral profligacy in a priest was passed over with indifference; and so far from exacting obedience in her ministers to a higher standard than she required of ordinary persons, the Church extended her limits under fictitious pretexts as a sanctuary for lettered villany. Every person who could read wasclaimed by prescriptive usage as a clerk, and shielded under her protecting mantle; nor was any clerk amenable for the worst crimes to the secular jurisdiction, until he had been first tried and degraded by the ecclesiastical judges. So far was this preposterous exemption carried, that previous to the passing of the first of the 23rd of Henry the Eighth,[1] those who were within the degrees might c6mm.it murder with impunity, the forms which it was necessary to observe in degrading a

  1. An Act that no person committing murder, felony, or treason should be admitted to his clergy under the degree of sub-deacon.