Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/392

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376
The Rights
Book 1.

Chapter the eleventh.

Of the CLERGY.


THE people, whether aliens, denizens, or natural-born ſubjects, are diviſible into two kinds; the clergy and laity: the clergy, comprehending all perſons in holy orders, and in eccleſiaſtical offices, will be the ſubject of the following chapter.

This venerable body of men, being ſeparate and ſet apart from the reſt of the people, in order to attend the more cloſely to the ſervice of almighty God, have thereupon large privileges allowed them by our municipal laws: and had formerly much greater, which were abridged at the time of the reformation on account of the ill uſe which the popiſh clergy had endeavoured to make of them. For, the laws having exempted them from almoſt every perſonal duty, they attempted a total exemption from every ſecular tie. But it is obſerved by ſir Edward Coke[1], that, as the overflowing of waters doth many times make the river to loſe it's proper chanel, ſo in times paſt eccleſiaſtical perſons, ſeeking to extend their liberties beyond their true bounds, either loſt or enjoyed not thoſe which of right belonged to them. The perſonal exemptions do indeed for the moſt part continue. A clergyman cannot be compelled to ſerve on a jury, nor to appear at a court-leet or view of frank pledge; which almoſt every other perſon is obliged to do[2]: but, if a layman is ſummoned on a jury, and before the

  1. 2 Inſt. 4.
  2. F. N. B. 160. 2 Inſt. 4.
trial