Encyclopaedia Britannica, 11th Edition, "France" to "Francis Joseph I.": Volume 10, Slice 8Various
History
Encyclopaedia Britannica, 11th Edition, "France" to "Francis Joseph I.": Volume 10, Slice 8
Various
Encyclopedias and dictionaries
While the power of the State was almost disappearing, that of the
Church, apart from the particular acts of violence of which she was
often the victim, continued to grow. Her jurisdiction gained ground,
since her procedure was reasonable and comparatively scientific (except
that she admitted to a certain extent compurgation by oath and the
_judicia Dei_, with the exception of trial by combat). Not only was the
privilege of clergy, by which accused clerks were brought under her
jurisdiction, almost absolute, but she had cognizance of a number of
causes in which laymen only were concerned, marriage and everything
nearly or remotely affecting it, wills, crimes and offences against
religion; and even contracts, when the two parties wished it or when the
agreement was made on oath, came within her competence. Such, then, were
the ecclesiastical or Christian courts (_cours d'eglise, course de
chretiente_). The Church, moreover, remained in close connexion with the
crown, the king preserving a quasi-ecclesiastical character, while the
royal prerogatives with regard to the election of bishops were
maintained more successfully than the rights of the crown, though in
many of the great fiefs they none the less passed to the count or the
duke. It was at this time too that the Church tried to break the last
ties which still kept her more or less dependent on the civil power;
this was the true import of the Investiture Contest (see INVESTITURE,
and CHURCH HISTORY), though this was not very acute in France.
The feudal monarchy.
Roman law.
The customs.
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