Page:History of england froude.djvu/367

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1532.]
CHURCH AND STATE
345

morality. The early Christians attempted a community of goods, but they were unequal to it for more than a generation. The discipline of Catholicism was assisted by superstition,—it remained vigorous for many hundreds of years, but it languished at last; and although there was so great virtue in a living idea, that its forms preserved the reverence of mankind unabated, even when in their effect and working they had become as evil as they once were noble; yet reverence and endurance were at length exhausted, and these forms were to submit to alteration in conformity with the altered nature of the persons whom they affected.

I have already alluded to the abuse of 'benefit of clergy;'[1] we have arrived at the first of those many steps by which at length it was finally put away,—a step which did not, however, as yet approach the heart of the evil, but touched only its extreme outworks. The clergy had monopolized the learning of the middle ages, and few persons external to their body being able to read or write, their privileges became co-extensive, as I above stated, with these acquirements. The exemption from secular jurisdiction, which they obtained in virtue of their sacred character, had been used as a protection in villany for every scoundrel who could write his name. Under this plea, felons of the worst kind might claim, till this time, to be taken out of the hands of the law judges, and to be tried at the bishops' tribunals; and at these tribunals, such a monstrous solecism had Catholi-

  1. Chap. iii.