wes of
the land, delivered to the ordinaries as clerks convict, were speedily and
hastily delivered and set at large by the ministers of the said ordinaries
for corruption and lucre; or else because the ordinaries enclaiming such
offenders by the liberties of the church would in no wise take the charges
in safe keeping of them, but did suffer them to make their purgation by
such as nothing knew of their misdeeds, and by such fraud did annull and
make void the good and provable trial which was used against such offenders
by the king's law; to the pernicious example, increase, and courage of such
offenders, if the King's Highness by his authority royal put not speedy
remedy thereto."

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 to 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[346] 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 is that any fraction of a system so indefensible should have been
permitted to continue. The courts were nothing else but the vicious sources
of unjust revenue; and with the opportunity so fairly offered, it is
strange indeed that they were not swept utterly a