This touched the clergy in the most tender spot, and aroused them to
action. To save its revenues, the church began to resort to the use
of its ecclesiastical jurisdiction; it summoned the rebellious nobles
before its episcopal courts, and if they did not relent and penitently
submit, they were placed under the ban of the church. This procedure
put the nobility, their persons, their honor, their property, and their
very lives at the mercy of the clergy. Their very existence, individual
and collective, was in jeopardy as long as they were subject to the
jurisdiction of episcopal courts. That such a situation could not last
long soon became perfectly evident. The indignation of the nobility
rose to a high pitch. The relation between the two estates became more
tense and hostile than ever, and inevitably precipitated a bitter
struggle over the fundamental question of ecclesiastical jurisdiction.
The jurisdiction of the clergy now became an intolerable burden to
the Polish nobility. Its scope had gradually expanded until, in the
fifteenth century, in spite of protests and attempts to fix limits,
it came to cover not only questions of religion, but also all sorts
of civil matters. In fact, it so happened that there was scarcely a
question that the ecclesiastical courts regarded as foreign to their
jurisdiction. Their authority, moreover, was greatly strengthened
when the government, by the Edict of Wieluń (1424) and by a statute
of 1458 confirming it, committed the execution of their verdicts to
the starostas, thus lending the clergy the executive arm of civil
authority.[438]
The administration of justice by ecclesiastical courts in Poland in
the fifteenth and sixteenth centuries was very harsh, arbitrary,
and light-minded. The most severe penalty, namely, that of
excommunication, which carried the confiscation of property,
deprivation of honor, exile and death, was frequently inflicted
upon offenders for most trivial offenses. A noble was in danger of
excommunication for getting into a fight and beating a precentor, an
organist, or a grave-digger, not to speak of more serious offenses,
such as seizing or withholding the tithes.[439] Sometimes a landlord
was excommunicated for offenses committed by his peasants on the ground
that he should have used his authority to bring the peasants to terms
and into submission to the church. So terrible in its consequences was
the church’s excommunication in the fifteenth and sixteenth centuries
that everyone dreaded it.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account