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History of the Catholic Church from the Renaissance to the French Revolution — Volume 2 by James MacCaffrey
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rights and privileges claimed by the clergy did indeed give rise to
murmurings and complaints in certain quarters, but these were neither
so serious nor so general as to indicate anything like a deep-rooted
and sharp division between priests and people. The question of the
rights of sanctuary, according to which criminals who escaped into the
enclosures of monasteries and churches were guaranteed protection from
arrest, led to a sharp conflict between the ecclesiastical and secular
jurisdictions, but with a little moderation on both sides it was not a
matter that could have excited permanent ill-feeling. In the days when
might was right the privileges of sanctuary served a useful purpose.
That in later times they occasioned serious abuses could not be
denied, and on the accession of Henry VII. the Pope restricted the
rights of sanctuary very considerably, thereby setting an example
which it was to be expected would have been followed by his
successors. The /privilegium fori/, by which clerics were exempted
from punishment by a secular tribunal, was another cause of
considerable friction. In 1512 Parliament passed a law abolishing this
privilege in case of clerics accused of murder, etc., and though it
was to have force only for two years it excited the apprehension of
the clergy more on account of what it heralded than of what it
actually enacted. When it came up again for discussion in 1515 even
those of the clergy who were most remarkable for their subservience to
the king protested vehemently against it. In a discussion that took
place in the presence of Henry VII. one of the friars brought forward
many arguments to prove that such a law was not outside the competence
of the state, much to the disgust of the bishops and of Cardinal
Wolsey. The king was most emphatic in his declaration that he intended
to take such action as would vindicate and safeguard his rights as
supreme lord of England, but notwithstanding this sharp reproof to his
opponents the measure was allowed to drop.
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