PRIVILEGE— PRIVILEGED CASES.

Custom, which almost always prevails against reason, would have the offences of ecclesiastics¹ and monks² against civil orders, which are very frequent, called privileged offences; and those offences common which regard only ecclesiastical discipline, cases that are abandoned to the sacerdotal hierarchy³, and with which the civil power does not interfere⁴.

The Church having no jurisdiction⁵ but that which sovereigns have granted it, and the judges of the Church being thus only judges privileged by the sovereign, those cases should be called privileged which it is their province to judge, and those common offences which are punishable by the prince’s officers. But the canonists, who are very rarely exact in their expressions, particularly when treating of regal jurisprudence, having regarded a priest called the official, as being of right the sole judge of the clergy⁶, they have entitled that privilege, which in common law belongs to lay tribunals, and the ordinances⁷ of the monarch⁸ have adopted this expression in France.

To conform himself to this custom, the judge of the Church takes cognizance only of common crime; in respect to privileged cases he can act only concurrently⁹ with the regal judge, who repairs to the episcopal court, where, however, he is but the assessor of the judge of the Church. Both are assisted by their register; each separately, but in one another’s presence, takes notes of the course of the proceedings¹¹. The official who presides alone interrogates¹² the accused; and if the royal judge has questions to put to him, he must have permission of the ecclesiastical judge to propose them.

This procedure is composed of formalities, and produces delays which should not be admitted in criminal jurisprudence. Judges of the Church who have not made a study of laws and formalities are seldom able to conduct criminal proceedings without giving place to appeals, which ruin the accused in expense, make him languish¹³ in chains, or retard¹⁴ his punishment if he is guilty.

Besides, the French have no precise law to determine which are privileged cases. A criminal often groans¹⁵ in a dungeon¹⁶ for a whole year, without knowing what tribunal will judge him. Priests and monks are in the state and subjects of it. It is very strange that when they trouble society they are not to be judged, like other citizens, by the officers of the sovereign.

Among the Jews, even the high priest had not the privilege which our laws grant to simple parish priests. Solomon deposed¹⁷ the high priest Abiathar, without referring him to the synagogue to take his trial. Jesus Christ, accused before a secular¹⁸ and pagan judge, challenged not his jurisdiction. St. Paul, translated to the tribunal of Felix and Festus, declined not their judgment¹⁹. The Emperor Constantine first granted this privilege to bishops²⁰. Honorius and Theodosius the younger extended it to all the clergy, and Justinian confirmed it.

In digesting the criminal code of 1670, the counsellor of state, Pussort, and the president of Novion, wished to abolish the conjoint proceeding¹⁰, and to give to royal judges alone the right of judging the clergy accused of privileged cases; but this so reasonable desire was combated by the first president De Lamoignon, and the advocate-general Talon²², and a law which was made to reform our abuses confirmed the most ridiculous of them.

A declaration of the king on April 26, 1657, forbids the Parliament of Paris to continue the proceeding commenced against Cardinal²³ Retz, accused of high treason. The same declaration desires that the suits of cardinals²⁴, archbishops, and bishops of the kingdom, accused of the crime of high treason, are to be conducted and judged by ecclesiastical judges, as ordered by the canons.

But this declaration, contrary to the customs of the kingdoms, has not been registered in any parliament, and would not be followed. Our books relate several sentences which have doomed²⁵ cardinals, archbishops, and bishops to imprisonment²⁶, deposition²⁷, confiscation²⁸, and other punishments. These punishments were pronounced against the bishop²¹ of Nantes, by sentence of June 25, 1455; against Jean de la Balue, cardinal and bishop of Angers, by sentence dated July 29, 1469; Jean Hebert, bishop of Constance, in 1480; Louis de Rochechouart, bishop of Nantes, in 1481; Geoffroi de Pompadour, bishop of Périgueux, and George d’Amboise, bishop of Montauban, in 1488; Geoffroi Dintiville, bishop of Auxerre, in 1531; Bernard Lordat, bishop of Pumiers, in 1537; Cardinal de Chatillon, bishop of Beauvais, the 19th of March, 1569; Geoffroi de La Martonie, bishop of Amiens, the 9th of July, 1594; Gilbert Génébrard, archbishop of Aix, the 26th of January, 1596; William Rose, bishop of Senlis, September 5, 1598; Cardinal de Sourdis, archbishop of Bordeaux, November 17, 1615.

The parliament sentenced Cardinal de Bouillon to be imprisoned²⁹, and seized his property on June 20, 1710.

Cardinal de Mailly, archbishop of Rheims, in 1717, made a law tending to destroy the ecclesiastical peace established by the government. The hangman publicly burned the law by sentence of parliament.

The sieur Languet, bishop of Soissons, having maintained that he could not be judged by the justice of the king even for the crime of high treason, was condemned³⁰ to pay a fine of ten thousand livres.

In the shameful³¹ troubles excited by the refusal of sacraments, the simple presidial of Nantes condemned the bishop of that city to pay a fine of six thousand francs for having refused the communion to those who demanded it.

In 1764, the archbishop of Auch, of the name of Montillet, was fined, and his command, regarded as a defamatory libel, was burned by the executioner at Bordeaux.

These examples have been very frequent. The maxim³², that ecclesiastics are entirely³³ amenable³⁴ to the justice of the king, like other citizens, has prevailed throughout the kingdom. There is no express law which commands it; but the opinion of all lawyers, the unanimous cry of the nation, and the good of the state, are in themselves a law.

1 ecclesiastics   

n.神职者，教会，牧师( ecclesiastic的名词复数 )

参考例句：

2 monks   

n.修道士，僧侣( monk的名词复数 )

参考例句：

• The monks lived a very ascetic life. 僧侣过着很清苦的生活。
• He had been trained rigorously by the monks. 他接受过修道士的严格训练。 来自《简明英汉词典》

3 hierarchy   

n.等级制度；统治集团，领导层

参考例句：

• There is a rigid hierarchy of power in that country.那个国家有一套严密的权力等级制度。
• She's high up in the management hierarchy.她在管理阶层中地位很高。

4 interfere   

v.(in)干涉，干预；(with)妨碍，打扰

参考例句：

• If we interfere, it may do more harm than good.如果我们干预的话，可能弊多利少。
• When others interfere in the affair,it always makes troubles. 别人一卷入这一事件，棘手的事情就来了。

5 jurisdiction   

n.司法权，审判权，管辖权，控制权

参考例句：

• It doesn't lie within my jurisdiction to set you free.我无权将你释放。
• Changzhou is under the jurisdiction of Jiangsu Province.常州隶属江苏省。

6 clergy   

n.[总称]牧师，神职人员

参考例句：

• I could heartily wish that more of our country clergy would follow this example.我衷心希望，我国有更多的牧师效法这个榜样。
• All the local clergy attended the ceremony.当地所有的牧师出席了仪式。

7 ordinances   

n.条例，法令( ordinance的名词复数 )

参考例句：

• These points of view, however, had not been generally accepted in building ordinances. 然而，这些观点仍未普遍地为其他的建筑条例而接受。 来自辞典例句
• Great are Your mercies, O Lord; Revive me according to Your ordinances. 诗119:156耶和华阿、你的慈悲本为大．求你照你的典章将我救活。 来自互联网

8 monarch   

n.帝王，君主，最高统治者

参考例句：

• The monarch's role is purely ceremonial.君主纯粹是个礼仪职位。
• I think myself happier now than the greatest monarch upon earth.我觉得这个时候比世界上什么帝王都快乐。

9 concurrently   

adv.同时地

参考例句：

• He was given two twelve month sentences to run concurrently. 他两罪均判12个月监禁，同期执行。 来自《简明英汉词典》
• He was given two prison sentences, to run concurrently. 他两罪均判监禁，同期执行。 来自辞典例句

10 proceeding   

n.行动，进行，(pl.)会议录，学报

参考例句：

• This train is now proceeding from Paris to London.这次列车从巴黎开往伦敦。
• The work is proceeding briskly.工作很有生气地进展着。

11 proceedings   

n.进程，过程，议程；诉讼(程序)；公报

参考例句：

• He was released on bail pending committal proceedings. 他交保获释正在候审。
• to initiate legal proceedings against sb 对某人提起诉讼

12 interrogates   

n.询问( interrogate的名词复数 )；审问；（在计算机或其他机器上）查询v.询问( interrogate的第三人称单数 )；审问；（在计算机或其他机器上）查询

参考例句：

• Blade interrogates Danny then kills him after he directs him to Boone. 刀锋审问了Danny然后在Danny带他去找Boone之后杀了他。 来自互联网
• The cop who made the drug arrest at Rick's place interrogates Kimberly. 在里克的屋子里将他们逮捕的警察对金伯利进行审讯。 来自互联网

13 languish   

vi.变得衰弱无力，失去活力，（植物等）凋萎

参考例句：

• Without the founder's drive and direction,the company gradually languished.没有了创始人的斗志与指引，公司逐渐走向没落。
• New products languish on the drawing board.新产品在计划阶段即告失败。

14 retard   

n.阻止，延迟；vt.妨碍，延迟，使减速

参考例句：

• Lack of sunlight will retard the growth of most plants.缺乏阳光会妨碍大多数植物的生长。
• Continuing violence will retard negotiations over the country's future.持续不断的暴力活动会阻碍关系到国家未来的谈判的进行。

15 groans   

n.呻吟，叹息( groan的名词复数 )；呻吟般的声音v.呻吟( groan的第三人称单数 )；发牢骚；抱怨；受苦

参考例句：

• There were loud groans when he started to sing. 他刚开始歌唱时有人发出了很大的嘘声。 来自《简明英汉词典》
• It was a weird old house, full of creaks and groans. 这是所神秘而可怕的旧宅，到处嘎吱嘎吱作响。 来自《简明英汉词典》

16 dungeon   

n.地牢，土牢

参考例句：

• They were driven into a dark dungeon.他们被人驱赶进入一个黑暗的地牢。
• He was just set free from a dungeon a few days ago.几天前，他刚从土牢里被放出来。

17 deposed   

v.罢免( depose的过去式和过去分词 )；（在法庭上）宣誓作证

参考例句：

• The president was deposed in a military coup. 总统在军事政变中被废黜。
• The head of state was deposed by the army. 国家元首被军队罢免了。 来自《简明英汉词典》

18 secular   

n.牧师，凡人；adj.世俗的，现世的，不朽的

参考例句：

• We live in an increasingly secular society.我们生活在一个日益非宗教的社会。
• Britain is a plural society in which the secular predominates.英国是个世俗主导的多元社会。

19 judgment   

n.审判；判断力，识别力，看法，意见

参考例句：

• The chairman flatters himself on his judgment of people.主席自认为他审视人比别人高明。
• He's a man of excellent judgment.他眼力过人。

20 bishops   

（基督教某些教派管辖大教区的）主教( bishop的名词复数 )； （国际象棋的）象

参考例句：

• Each player has two bishops at the start of the game. 棋赛开始时，每名棋手有两只象。
• "Only sheriffs and bishops and rich people and kings, and such like. “他劫富济贫，抢的都是郡长、主教、国王之类的富人。

21 bishop   

n.主教，（国际象棋）象

参考例句：

• He was a bishop who was held in reverence by all.他是一位被大家都尊敬的主教。
• Two years after his death the bishop was canonised.主教逝世两年后被正式封为圣者。

22 talon   

n.爪；（如爪般的）手指；爪状物

参考例句：

• Can you get a little tighter with the talon?你能不能把摄像探头固定住不动？
• This kind of spice is made of eagle's talon and has a unique flavor.这种香料味道独特，是用鹰爪作原料制成的。

23 cardinal   

n.(天主教的)红衣主教；adj.首要的，基本的

参考例句：

• This is a matter of cardinal significance.这是非常重要的事。
• The Cardinal coloured with vexation. 红衣主教感到恼火，脸涨得通红。

24 cardinals   

红衣主教( cardinal的名词复数 )； 红衣凤头鸟（见于北美，雄鸟为鲜红色）； 基数

参考例句：

• cardinals in scarlet robes 身披红袍的枢机主教
• A conclave of cardinals was held to elect the new Pope. 红衣主教团举行了秘密会议来选举新教皇。

25 doomed   

命定的

参考例句：

• The court doomed the accused to a long term of imprisonment. 法庭判处被告长期监禁。
• A country ruled by an iron hand is doomed to suffer. 被铁腕人物统治的国家定会遭受不幸的。

26 imprisonment   

n.关押，监禁，坐牢

参考例句：

• His sentence was commuted from death to life imprisonment.他的判决由死刑减为无期徒刑。
• He was sentenced to one year's imprisonment for committing bigamy.他因为犯重婚罪被判入狱一年。

27 deposition   

n.免职，罢官；作证；沉淀；沉淀物

参考例句：

• It was this issue which led to the deposition of the king.正是这件事导致了国王被废黜。
• This leads to calcium deposition in the blood-vessels.这导致钙在血管中沉积。

28 confiscation   

n. 没收, 充公, 征收

参考例句：

• Confiscation of the property of all emigrants and rebels. 没收一切流亡分子和叛乱分子的财产。 来自英汉非文学 - 共产党宣言
• Confiscation of smuggled property is part of the penalty for certain offences. 没收走私财产是对某些犯罪予以惩罚的一部分。

29 imprisoned   

下狱，监禁( imprison的过去式和过去分词 )

参考例句：

• He was imprisoned for two concurrent terms of 30 months and 18 months. 他被判处30个月和18个月的监禁，合并执行。
• They were imprisoned for possession of drugs. 他们因拥有毒品而被监禁。

30 condemned   

adj. 被责难的, 被宣告有罪的 动词condemn的过去式和过去分词

参考例句：

• He condemned the hypocrisy of those politicians who do one thing and say another. 他谴责了那些说一套做一套的政客的虚伪。
• The policy has been condemned as a regressive step. 这项政策被认为是一种倒退而受到谴责。

31 shameful   

adj.可耻的，不道德的

参考例句：

• It is very shameful of him to show off.他向人炫耀自己，真不害臊。
• We must expose this shameful activity to the newspapers.我们一定要向报社揭露这一无耻行径。

32 maxim   

n.格言，箴言

参考例句：

• Please lay the maxim to your heart.请把此格言记在心里。
• "Waste not,want not" is her favourite maxim.“不浪费则不匮乏”是她喜爱的格言。

33 entirely   

ad.全部地，完整地；完全地，彻底地

参考例句：

• The fire was entirely caused by their neglect of duty. 那场火灾完全是由于他们失职而引起的。
• His life was entirely given up to the educational work. 他的一生统统献给了教育工作。

34 amenable   

adj.经得起检验的；顺从的；对负有义务的

参考例句：

• His scientific discoveries are amenable to the laws of physics.他在科学上的发现经得起物理定律的检验。
• He is amenable to counsel.他这人听劝。