Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776Reilly, S. A.
History
Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776
Reilly, S. A.
Law -- England -- History
The ultimate penalty of the church was excommunication, a social
ostracism in which no one could give the person drink, food, or shelter
and he could speak only to his spouse and servants. Excommunication
included denial of the sacraments of baptism, penance, mass [lord's
supper}, and extreme unction [prayers for spiritual healing] at death;
which were necessary for salvation of the soul; and the sacrament of
confirmation. A person could also be denied a Christian burial in
consecrated ground. However, the person could still marry and make a
will. The purpose of excommunication was to restore the person to
spiritual health rather than to punish him. Excommunication was usually
imposed for failure to obey an order or for showing contempt of the law
or of the courts. It required a hearing and a written reason. The
king's court could order a recalcitrant excommunicant imprisoned until
he satisfied the claims of the church. If this measure failed, it was
possible to turn the offender over to the state for punishment, e.g.
for blasphemy or heresy. Blasphemy was thought to cause God's wrath
expressed in famine, pestilence, and earthquake and was usually
punished by a fine or corporal punishment, e.g. perforation or
amputation of the tongue. It was tacitly understood that the punishment
for heresy was death by burning. There were no heresy cases up to 1400
and few after that. The state usually assured itself the sentence was
just before imposing it. The court of the rural dean was the
ecclesiastical parallel of the hundred court of secular jurisdiction
and usually had the same land boundaries. The archdeacons, who had been
ministers of the bishop in all parts of his diocese alike, were now
each assigned to one district, which usually had the same boundaries as
the county. Each bishop headed a diocese. Over the bishops were the two
Archbishops of Canterbury and of York.
The ecclesiastical court had one judge and no jury. Most cases
dealt with offenses against the church, such as working on Sunday, and
sexual mores. The court used teatimony and depositions of witnesses,
oaths of the parties, confessions, physical and written evidence,
presumptions of common knowledge, and inquests of impartial, sworn men
who made unanimous determinations. The accuser had to meet the burden
of proof. The accused could be required to answer questions under oath,
thus giving evidence against himself. It was not necessary to have an
accuser; a judge could open a case based on public rumor. The judge
made a written decision that did not incude his reasoning. He read the
decision aloud in a public session of the court. If an accused
disobeyed a court order to appear or to do penance, he could be
excommunicated.
Public-domain text, read in full here on John Shaqi.
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