Discussion about this post

User's avatar
Overcoming Bias Commenter's avatar

The English literate classes had quite a conspiracy going to help themselves at the expense of others!

Egad! Never thought they would be so blatant. They even added the illiterate peers into the mix to preserve their privileges.

Expand full comment
Overcoming Bias Commenter's avatar

Another thing to have in mind is that English post-Reformation legal authors viewed the medieval origins of the benefit of clergy with a strong anti-Catholic bias, and this has undoubtedly colored the modern views at least somewhat. For example, Blackstone introduces the topic with a hilariously cartoonish King-good-Pope-bad outburst:

Clergy, the privilegium clericale, or, in common speech, the benefit of clergy, had its original from the pious regard paid by Christian princes to the church in its infant state, and the ill use which the popish ecclesiastics soon made of that pious regard. The exemptions which they granted to the church were principally of two kinds: 1. Exemption of places consecrated to religious duties from criminal arrests, which was the foundation of sanctuaries. 2. Exemption of the persons of clergymen from criminal process before the secular judge in a few particular cases, which was the true original and meaning of the privilegium clericale.But the clergy, increasing in wealth, power, honour, number, and interest, began soon to set up for themselves; and that which they obtained by the favour of the civil government they now claimed as their inherent right, and as a right of the highest nature, indefeasible, and jure divino. By their canons therefore and constitutions they endeavoured at, and where they met with easy princes obtained, a vast extension of these exemptions, as well in regard to the crimes themselves, of which the list became quite universal, as in regard to the persons exempted, among whom were at length comprehended not only every little subordinate officer belonging to the church or clergy, but even many that were totally laymen.In England, however, although the usurpations of the pope were very many and grievous till Henry the Eighth entirely exterminated his supremacy, yet a total exemption of the clergy from secular jurisdiction could never be thoroughly effected...

In any case, the medieval power struggles between the Church and secular rulers that resulted (among many other things) in the English institution of the benefit of clergy were much more complex than either Blackstone's simplistic anti-popish story or a mere class-solidarity conspiracy of the literate. It's questionable if the real history of this institution can even be written given what we know today.

Expand full comment
12 more comments...

No posts