Our Legal Heritage: The First Thousand Years: 600 - 1600: King Aethelbert - Queen ElizabethReilly, S. A.
History
Our Legal Heritage: The First Thousand Years: 600 - 1600: King Aethelbert - Queen Elizabeth
Reilly, S. A.
Law -- England -- History
The ecclesiastical courts dealt with family matters such as
marriage, annulments, marriage portions, legitimacy,
wife-beating, child abuse, orphans, bigamy, adultery, incest,
fornication, personal possessions, slander, usury, mortuaries,
sanctuary, sacrilege, blasphemy, heresy, tithe payments, church
fees, certain offences on consecrated ground, and breaches of
promises under oath, e.g. to pay a debt, provide services, or
deliver goods. It 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 by compurgation.
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. They 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 the only people he could speak to were his spouse
and servants. Excommunication included denial of the sacraments
of baptism, penance, eucharist, and extreme unction at death;
which were necessary for salvation of the soul; and the
sacrament of confirmation. However, the person could still marry
and make a will. Excommunication was usually imposed for failure
to obey an order or showing contempt of the law or of the courts.
It required a due process 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. 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.
Chapter 6
The Times: 1154-1215
Public-domain text, read in full here on John Shaqi.
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