Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776: June 2011 (Sixth) EditionReilly, S. A.
History
Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776: June 2011 (Sixth) Edition
Reilly, S. A.
Law -- England -- History
The ecclesiastical courts dealt, until the time of Henry VIII, with
family matters such as marriage, annulments, marriage portions,
legitimacy, undue wifebeating, child abuse, orphans, bigamy, adultery,
incest, fornication, personal possessions, defamation, slander which did
not cause material loss (and therefore had no remedy in the temporal
courts), libel, perjury, usury, mortuaries, sacrilege, blasphemy,
heresy, tithe payments, church fees, certain offenses on consecrated
ground, and breaches of promises under oath, e.g. to pay a debt, provide
services, or deliver goods. They decided inheritance and will issues
which did not concern land, but only personal property. This developed
from the practice of a priest usually hearing a dying person's will as
to the disposition of his goods and chattel when he made his last
confession. It provided guardianship of infants during probate of their
personal property. Trial was basically by compurgation, with
oath-helpers swearing to or against the veracity of the alleged
offender's oath. An alleged offender could be required to answer
questions under oath, thus giving evidence against himself. The
ecclesiastical court's penalties were intended to reform and determined
on a case-by-case basis. The canon law of Christendom was followed,
without much change by the English church or nation. Penalties could
include confession and public repentance of the sin before the parish,
making apologies and reparation to persons affected, public
embarrassment such as being dunked in water (e.g. for women scolds),
walking a route barefoot and clad only in one's underwear, whippings,
extra work, fines, and imprisonment in a "penitentiary" to do penance.
The ultimate punishment was excommunication with social ostracism. Then
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, and extreme unction [prayers for
spiritual healing] at death; which were necessary for salvation of the
soul; and the sacrament of confirmation of one's belief in the tenets of
Christianity. A person could also be denied a Christian burial in
consecrated ground. However, the person could still marry and make a
will. The king's court could order a recalcitrant excommunicant
imprisoned until he satisfied the claims of the church. Excommunication
was usually imposed for failure to obey an order or showing contempt of
the law or of the courts. It required a hearing and a written reason. If
this measure failed, it was possible to turn the offender over to the
state for punishment, e.g. for blasphemy or heresy. Blasphemy [speaking
ill of God] 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.
Public-domain text, read in full here on John Shaqi.
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