Page:History of england froude.djvu/369

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1532.]
CHURCH AND STATE
347

To provide such necessary remedy, it was enacted that thenceforward no person under the degree of subdeacon, if guilty of felony, should be allowed to plead 'his clergy' any more, but should be proceeded against by the ordinary law. So far it was possible to go—an enormous step if we think of what the evil had been; and in such matters to make a beginning was the true difficulty—it was the logical premise from which the conclusion could not choose but follow. Yet such was the mystical sacredness which clung about the ordained clergy, that their patent profligacy had not yet destroyed it—a priest might still commit a murder, and the profane hand of the law might not reach him.

The measure, however, if imperfect, was excellent in its degree; and when this had been accomplished, the House proceeded next to deal with the Arches Court—the one enormous grievance of the time. The petition of the Commons has already exhibited the condition of this institution; but the Act by which the power of it was limited added more than one particular to what had been previously stated, and the first twenty lines of the statute which was now passed[1] may be recommended to the consideration of the modern censors of the Reformation. The framer of the resolution was no bad friend to the bishops, if they had possessed the faculty of knowing who their true friends were, for the statement of complaint was limited, mild, and moderate. Again, as with the 'benefit of clergy,' the real ground for surprise

  1. 23 Hen. VIII. cap. 9.