Europe in the Middle AgesPlunket, Ierne L. (Ierne Lifford)
History
Europe in the Middle Ages
Plunket, Ierne L. (Ierne Lifford)
Europe -- History -- 476-1492
The existence of the Ecclesiastical Courts, in which Canon law was
administered, we have already mentioned in discussing the quarrel of
Henry II of England and Thomas Becket.[22] Founded originally to deal
with purely ecclesiastical cases and officials, they tended in time to
draw within their competence any one over whom the Church could claim
protection and any causes that affected the rites of the Catholic
Church. It was a wide net with a very small mesh, as the Angevin Henry
II and other lay rulers of Europe found. The protection that spread
its wings over priests and clerks stretched also to crusaders, widows,
and orphans: the jurisdiction of the Church Courts claimed not merely
moral questions such as heresy, sacrilege, and perjury, but all matters
connected with probate of wills, marriage and divorce, and even libel.
Rome became a hive of ecclesiastical lawyers, with the Pope, like the
Roman emperors of old, the supreme law-giver and final court of appeal
for all Church Courts of Europe. His rule was absolute, at least in
theory, for by his power of ‘dispensation’ he could set aside, if he
considered advisable, the very Canon law his officials administered. He
could also summon to his _curia_, or papal court, any case on which he
wished to pronounce judgement, at whatever stage in its litigation in
an inferior ecclesiastical court.
Under the Pope in an ordered hierarchy, corresponding to the feudal
arrangement of lay society, came the metropolitans, who received from
his hand or from those of his legates the narrow woollen scarf, or
_pallium_, that was the symbol of their authority. Next in order came
the diocesan bishops with their ‘officials’, the archdeacons and rural
deans, each with their own court and measure of jurisdiction.
The Pope’s will went forth to Christendom in the form of letters called
‘bulls’, from the _bulla_ or heavy seal that was attached to them.
Against those who paid no heed to their contents he could hurl either
the weapon of excommunication--that is, of personal outlawry from the
Church--or else, if the offender were a king or a city, the still more
blasting ‘interdict’ that fell on ruler and ruled alike. The land that
groaned under an interdict was bereft of all spiritual comfort: no
priest might say public Mass, baptize a new-born child, perform the
marriage service, console the dying with ‘supreme unction’, or bury the
dead. The very church bells would ring no more.
Public-domain text, read in full here on John Shaqi.
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