Page:Cambridge Modern History Volume 1.djvu/696

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Marguerite d’Egmont, he resumed them both. The archbishopric of Reims he resigned in 1538 in favour of his nephew Charles, and Lyons he abandoned in 1539. In spite of the enormous revenues derived from these scandalous pluralities his extravagance kept him always poor and we can imagine the condition, spiritual and temporal, of the churches and abbeys thus consigned to the negligence of a worldly prelate whose life was spent in Courts. It was bad enough when these pluralists employed coadjutors to look after their numerous prelacies, but worse when they farmed them out to the highest bidder.

Another ecclesiastical abuse severely felt by all sovereigns who were jealous of their jurisdiction and earnest in enforcing justice was the exemption enjoyed by all ranks of the clergy from the authority of the secular tribunals. They were justiciable only by the spiritual Courts, which could pronounce no judgments of blood, and whose leniency towards clerical offenders virtually assured to them immunity from punishment—an immunity long maintained in English jurisprudence under the well-known name of Benefit of Clergy. So complete was the freedom of the priesthood from all responsibility to secular authority that the ingenuity of the doctors was taxed to find excuses for the banishment of Abiathar by Solomon. The evil of this consisted not only in the temptation to crime which it offered to those regularly bred to the Church and performing its functions, but it attracted to the lower orders of the clergy, which were not bound to celibacy or debarred from worldly pursuits, numberless criminals and vagabonds, who were thus enabled to set the officers of justice at defiance. The first defence of a thief or assassin when arrested was to claim that he belonged to the Church and to display his tonsure, and the episcopal officials were vigilant in the defence of these wretches, thus stimulating crime and grievously impeding the administration of justice. Frequent efforts were made by the secular authorities to remedy these evils; but the Church resolutely maintained its prerogatives, provoking quarrels which led to increased antagonism between the laity and the clergy. The Gravamina of the German Nation, adopted by the Diet of Nürnberg, in 1522, stated no more than the truth in asserting that this clerical immunity was responsible for countless cases of adultery, robbery, coining, arson, homicide, and false-witness committed by ecclesiastics; and there was peculiar significance in the declaration that, unless the clergy were subjected to the secular Courts, there was reason to fear an uprising of the people, for no justice was to be had against a clerical offender in the spiritual tribunals.

Venice was peculiarly sensitive as to this interference with social order, and it is well known how her insistence on her right to enforce the laws on all offenders led to the prolonged rupture between the Republic and Paul V in the early years of the seventeenth century. It was a special concession to her when, in 1474, Sixtus IV admitted