The Growth of the English Constitution from the Earliest TimesFreeman, Edward A. (Edward Augustus)
History
The Growth of the English Constitution from the Earliest Times
Freeman, Edward A. (Edward Augustus)
Constitutional history -- Great Britain
(27) It should be remembered that the clerical immunities which were
claimed in this age were by no means confined to those whom we should
now call clergymen, but that they also took in that large class of
persons who held smaller ecclesiastical offices without being what we
should call in holy orders. The Church also claimed jurisdiction in
the causes of widows and orphans, and in various cases where questions
of perjury, breach of faith, and the like were concerned. Thus John
Bishop of Poitiers writes to Archbishop Thomas (Giles, Sanctus Thomas,
vi. 238) complaining that the King’s officers had forbidden him to hear
the causes of widows and orphans, and also to hear causes in matters
of usury: “prohibentes ne ad querelas viduarum vel orphanorum vel
clericorum aliquem parochianorum meorum in causam trahere præsumerem
super quacumque possessione immobili, donec ministeriales regis, vel
dominorum ad quorum feudum res controversiæ pertineret, in facienda
justitia eis defecissent. Deinde ne super accusatione fœnoris
quemquam audirem.” This gives a special force to the acclamations
with which Thomas was greeted on his return as “the father of the
orphans and the judge of the widows:” “Videres mox pauperum turbam
quæ convenerat in occursum, hos succinctos ut prævenirent et patrem
suum applicantem exciperent, et benedictionem præriperent, alios vero
humi se humiliter prosternentes, ejulantes hos, plorantes illos præ
gaudio, et omnes conclamantes, Benedictus qui venit in nomine Domini,
pater orphanorum et judex viduarum! et pauperes quidem sic.” Herbert
of Bosham, Giles, Sanctus Thomas, vii. 315, cf. 148. See more in
Historical Essays, 99.
(28) On the cruel punishments inflicted in the King’s courts Herbert
of Bosham is very emphatic in more than one passage. He pleads (vii.
101) as a merit of the Bishops’ courts that in them no mutilations
were inflicted. Men were punished there “absque omni mutilatione
vel deformatione membrorum.” But he by no means claims freedom from
mutilation as a mere clerical privilege; he distinctly condemns it in
any case. “Adeo etiam quod ordinis privilegium excludat cauterium: quam
tamen pœnam communiter inter homines etiam jus forense damnat: ne
videlicet in homine Dei imago deformetur.” (vii. 105.) A most curious
story illustrative of the barbarous jurisprudence of the time will be
found in Benedict’s Miracula Sancti Thomæ, 184.
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