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chief weapon employed in battle. [FN [y] Bened. Abb. p. 305 Annal. Waverl. p. 161.] The clergy and the laity were, during that age, in a strange situation with regard to each other, and such as may seem totally incompatible with a civilized, and, indeed, with any species of government. If a clergyman were guilty of murder, he could be punished by degradation only: if he were murdered, the murderer was exposed to nothing but excommunication and ecclesiastical censures; and the crime was atoned for by penances and submission [z]. Hence the assassins of Thomas a Becket himself, though guilty of the most atrocious wickedness, and the most repugnant to the sentiments of that age, lived securely in their own houses, without being called to account by Henry himself, who was so much concerned, both in honour and interest, to punish that crime, and who professed, or affected on all occasions, the most extreme abhorrence of it. It was not till they found their presence shunned by every one as excommunicated persons that they were induced to take a journey to Rome, to throw themselves at the feet of the pontiff, and to submit to the penances imposed upon them: after which they continued to possess, without molestation, their honours and fortunes, and seemed even to have recovered the countenance and good opinion of the public. But as the king, by the constitutions of Clarendon, which he endeavoured still to maintain [a], had subjected the clergy to a trial by the civil magistrate, it seemed but just to give them the protection of that power to which they owed obedience; it was enacted, that the murderers of clergymen should be tried before the justiciary, in the presence of the bishop or his official; and besides the usual punishment for murder, should be subjected to a forfeiture of their estates, and a confiscation of their goods and chattels [b]. [FN [z] Petri Blessen. epist. 73. apud Bibl. Patr. tom. xxiv. p. 992. [a] Chron. Gervase, p. 1433. [b] Diceto, p. 592. Chron. Gervase, 1433.] The king passed an equitable law, that the goods of a vassal should not be seized for the debt of his lord, unless the vassal be surety for the debt; and that the rents of vassals should be paid to the creditors of the lord, not to the lord himself. It is remarkable that this law was enacted by the king in a council which he held at Verneuil, and which consisted of some prelates and barons of England, as well as some of Normandy, Poi
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