The first judicial sentence which ordered a Congress is said to have been caused by the shameless effrontery of a young man who, being accused of impotency, demanded permission to exhibit proof of his powers before witnesses, which demand being complied with, the practice was introduced into the jurisprudence of the country. But, as we have already shown, the custom of the Judicial Congress may be referred to a far earlier period, in fact, to the remotest times of the middle ages, and that it originated with the Church, when the public morals were far from being well ascertained, as is proved by many well-known privileges belonging to the Seigneur or Lord of the Manor. Pope Gregory the Great, who was raised to the Pontificate in 590, appears to have been the first who conferred upon bishops the right of deciding this description of questions. It was, doubtless, from considerations of tender regard for female modesty that the Church took upon itself the painful duty of investigating and deciding upon questions of this nature. Numerous instances prove this, especially the dissolution of the marriage of Alphonso VI. of Portugal and his Consort, pronounced in 1688, and mentioned by Bayle.[70] The great antiquity of this custom is proved by the 17th Art. of the Capitulars of Pepin, in the year 752, which bears a direct allusion to it: inasmuch as that article established as a principle that the impotency of a husband should be considered as a lawful cause for divorce, and that the proof of such impotency should be given, and the fact verified at the foot of the Cross--_exeant ad crucem, et si verum fuerit, separantur_. That the Congress originated with the Church, who considered it as an efficacious means for deciding questions of impotency, is still further proved by the President Boutrier and by other writers, who assert that the ecclesiastical judges of other times were alone empowered (to the exclusion of all secular ones) to take cognizance of cases of impotency. It is well attested that during the 16th and 17th centuries all the courts of law in France held the opinion that a marriage be anulled on the demand of a wife who claimed the Congress. The fatal blow to this disgusting custom was given by a decree of the Parliament of Paris, under the presidency of the celebrated Lamoignon, dated Feb. 18, 1677, which decree forbids the practice by any other court whatsoever, ecclesiastical or civil. It is supposed that the ridicule cast upon it by the following lines of Boileau had no small share in causing its suppression. "Jamais la biche en rut, n'a pour fait d'impuissance Trainé du fond des bois, un cerf à l'audience; Et jamais juge, entre eux ordonnant le congrès, De ce burlesque mot n'a sali ses arrêts."[71]