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upon such ecclesiastics as he thought proper。 All church
preferments were in this manner in the disposal of the church。
The sovereign; though he might have some indirect influence in
those elections; and though it was sometimes usual to ask both
his consent to elect and his approbation of the election; yet had
no direct or sufficient means of managing the clergy。 The
ambition of every clergyman naturally led him to pay court not so
much to his sovereign as to his own order; from which only he
could expect preferment。
Through the greater part of Europe the Pope gradually drew
to himself first the collation of almost all bishoprics and
abbacies; or of what were called Consistorial benefices; and
afterwards; by various machinations and pretences; of the greater
part of inferior benefices comprehended within each diocese;
little more being left to the bishop than what was barely
necessary to give him a decent authority with his own clergy。 By
this arrangement the condition of the sovereign was still worse
than it had been before。 The clergy of all the different
countries of Europe were thus formed into a sort of spiritual
army; dispersed in different quarters; indeed; but of which all
the movements and operations could now be directed by one head;
and conducted upon one uniform plan。 The clergy of each
particular country might be considered as a particular detachment
of that army; or which the operations could easily be supported
and seconded by all the other detachments quartered in the
different countries round about。 Each detachment was not only
independent of the sovereign of the country in which it was
quartered; and by which it was maintained; but dependent upon a
foreign sovereign; who could at any time turn its arms against
the sovereign of that particular country; and support them by the
arms of all the other detachments。
Those arms were the most formidable that can well be
imagined。 In the ancient state of Europe; before the
establishment of arts and manufactures; the wealth of the clergy
gave them the same sort of influence over the common people which
that of the great barons gave them over their respective vassals;
tenants; and retainers。 In the great landed estates which the
mistaken piety both of princes and private persons had bestowed
upon the church; jurisdictions were established of the same kind
with those of the great barons; and for the same reason。 In those
great landed estates; the clergy; or their bailiffs; could easily
keep the peace without the support or assistance either of the
king or of any other person; and neither the king nor any other
person could keep the peace there without the support and
assistance of the clergy。 The jurisdictions of the clergy;
therefore; in their particular baronies or manors; were equally
independent; and equally exclusive of the authority of the king's
courts; as those of the great temporal lords。 The tenants of the
clergy were; like those of the great barons; almost all tenants
at will; entirely dependent upon their immediate lords; and
therefore liable to be called out at pleasure in order to fight
in any quarrel in which the clergy might think proper to engage
them。 Over and above the rents of those estates; the clergy
possessed in the tithes; a very large portion of the rents of all
the other estates in every kingdom of Europe。 The revenues
arising from both those species of rents were; the greater part
of them; paid in kind; in corn; wine; cattle poultry; etc。 The
quantity exceeded greatly what the clergy could themselves
consume; and there were neither arts nor manufactures for the
produce of which they could exchange the surplus。 The clergy
could derive advantage from this immense surplus in no other way
than by employing it; as the great barons employed the like
surplus of their revenues; in the most profuse hospitality; and
in the most extensive charity。 Both the hospitality and the
charity of the ancient clergy; accordingly; are said to have been
very great。 They not only maintained almost the whole poor of
every kingdom; but many knights and gentlemen had frequently no
other means of subsistence than by travelling about from
monastery to monastery; under pretence of devotion; but in
reality to enjoy the hospitality of the clergy。 The retainers of
some particular prelates were often as numerous as those of the
greatest lay…lords; and the retainers of all the clergy taken
together were; perhaps; more numerous than those of all the
lay…lords。 There was always much more union among the clergy than
among the lay…lords。 The former were under a regular discipline
and subordination to the papal authority。 The latter were under
no regular discipline or subordination; but almost always equally
jealous of one another; and of the king。 Though the tenants and
retainers of the clergy; therefore; had both together been less
numerous than those of the great lay…lords; and their tenants
were probably much less numerous; yet their union would have
rendered them more formidable。 The hospitality and charity of the
clergy; too; not only gave them the command of a great temporal
force; but increased very much the weight of their spiritual
weapons。 Those virtues procured them the highest respect and
veneration among all the inferior ranks of people; of whom many
were constantly; and almost all occasionally; fed by them。
Everything belonging or related to so popular an order; its
possessions; its privileges; its doctrines; necessarily appeared
sacred in the eyes of the common people; and every violation of
them; whether real or pretended; the highest act of sacrilegious
wickedness and profaneness。 In this state of things; if the
sovereign frequently found it difficult to resist the confederacy
of a few of the great nobility; we cannot wonder that he should
find it still more so to resist the united force of the clergy of
his own dominions; supported by that of the clergy of all the
neighbouring dominions。 In such circumstances the wonder is; not
that he was sometimes obliged to yield; but that he ever was able
to resist。
The privilege of the clergy in those ancient times (which to
us who live in the present times appear the most absurd); their
total exemption from the secular jurisdiction; for example; or
what in England was called the benefit of the clergy; were the
natural or rather the necessary consequences of this state of
things。 How dangerous must it have been for the sovereign to
attempt to punish a clergyman for any crime whatever; if his own
order were disposed to protect him; and to represent either the
proof as insufficient for convicting so holy a man; or the
punishment as too severe to be inflicted upon one whose person
had been rendered sacred by religion? The sovereign could; in
such circumstances; do no better than leave him to be tried by
the ecclesiastical courts; who; for the honour of their own
order; were interested to r