History of the Catholic Church from the Renaissance to the French Revolution — Volume 2 by James MacCaffrey
page 18 of 483 (03%)
page 18 of 483 (03%)
![]() | ![]() |
|
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. |
|