Great Britain -- Social life and customs -- 19th century
Probate, too, and all matters and suits relating to testacy and
intestacy, were disposed of in the Ecclesiastical Courts,--tribunals
were attached to the archbishops, bishops, and archdeacons. The Court
of Arches, the supreme Ecclesiastical Court for the Province of
Canterbury, the Prerogative Court, where all contentious testamentary
causes were tried, as well as the Admiralty Courts, were held at
Doctors’ Commons. It was a curious mixture of spiritual and legal
functions. The judges and officers of the Court were often clergy
without any knowledge of the law. They were paid by fees, and,
according to the common practice of those days, often discharged their
duties by deputy. The advocates who practised before them were, too,
anything but ‘learned in the law.’ They wore in Court, if of Oxford,
scarlet robes and hoods lined with taffety, and if of Cambridge, white
miniver and round black velvet caps. The proctors wore black robes and
hoods lined with fur. The procedure was similar to that in vogue in
the Common Law Courts, but the nomenclature was entirely different.
The substitute for punishment was ‘penance,’ and the consequence of
non-submission ‘excommunication,’ which, in addition to spiritual
pains, incapacitated the delinquent from bringing any action, and
at the end of forty days rendered him liable to imprisonment by the
Court of Chancery. The practical result was that both penance and
excommunication were indirect methods of extracting money payments.
But the whole system was full of abuses, and when, twenty years later,
these courts were shorn of all their important functions, it was with
the universal concurrence of the public. Until then there were many who
shared the opinion of De Foe’s intelligent foreigner, that ‘England was
a fine country, but a man called Doctors’ Commons was the devil, for
there was no getting out of his clutches, let one’s cause be never so
good, without paying a great deal of money.’
Public-domain text, read in full here on John Shaqi.
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