It is amusing enough to observe the continual struggle between the Spiritual and the Carnal Judge, as described in Staundford, title Clergy. It seems to have been a continual game of leap-frog, in which sometimes spirit, sometimes flesh was uppermost. (a)
A man, however, was not always so very kindly dealt with: he fared better or worse, according as he happened to be in favour with the Church. If they happened not to like him, although he had not been tried when delivered to them, they would not admit him to his purgation, but kept him in hard durance without trial. The Temporal Courts were then obliged to drive them on to trial.(a) If he was a favourite, although convicted, no guest could be better entertained: they used to cram him at both ends. This, a good Archbishop admits, who, being driven by the Parliament to make an ordinance to remedy this mischief, appoints, that in certain cases, they shall be dieted in a manner he prescribes; speaking all the while in much worse terms of the Lay Judges than of the malefactors, who met with this reception from their friends.
(a) Tale of a Tub.
(a) Staundford Clergy, c.48. Bracton.RP Book 5 Chapter 4