Great Britain -- History -- Medieval period, 1066-1485
procure for themselves the like privilege. Such attempts were stoutly
resisted by the bishops, who foresaw the evils that would inevitably
follow, and which in fact did follow; and, of course, bishop and abbey
went to law. Going to law in this case meant usually, first, a certain
amount of preliminary litigation before the Archbishop of Canterbury;
but sooner or later it was sure to end in an appeal to the Pope's
court, or, as the phrase was, an appeal to Rome.
Without wishing for a moment to defend or excuse a state of things
which was always vexatious, and at last became intolerable, it is
impossible to deny that a great deal of nonsense has been talked and
written about these appeals. Almost exactly the same state of things
exists in the present day both in civil and ecclesiastical matters.
Parsee merchants fall to loggerheads in Bombay or Calcutta, and bring
their disputes before the courts in India; one side feels aggrieved by
the sentence, and straightway he removes the case to a court of appeal
in London. Or some heretical person in Asia or Africa or somewhere else
gets into hot water with an orthodox society for the promotion of
religious persecution, and sooner or later the archbishop is appealed
to, and the ecclesiastical lawyers have a most delightful time of it.
It all costs a great deal of money nowadays, and leading advocates on
this side or that are actually so extortionate and exorbitant that they
will not do anything for nothing, and insist on receiving the most
exorbitant fees. So it was in the old days. The final court of appeal
in all matters ecclesiastical was before the Pope at Rome or Avignon,
and the proctors and doctors, and all the canonists and officials,
actually required to be paid for their work.
Public-domain text, read in full here on John Shaqi.
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