The Reign of Henry the Eighth, Volume 1 (of 3)Froude, James Anthony
History
The Reign of Henry the Eighth, Volume 1 (of 3)
Froude, James Anthony
Great Britain -- History -- Henry VIII, 1509-1547; Henry VIII, King of England, 1491-1547
wilt anything with it;" whereupon, as the apparitor deposeth, the said
Henry Clitheroe did hurl at him from off his finger that instrument of his
art called the "thymmelle," and he, the apparitor, drawing his sword, "the
said Henry did snatch up his virga, Anglice, his yard, and did pursue the
apparitor into the public streets, and after multiplying of many blows did
break the head of the said apparitor."[212] These are light matters, but
they were straws upon the stream; and such a scene as this which follows
reveals the principles on which the courts awarded their judgment. One
Richard Hunt was summoned for certain articles implying contempt, and for
vilipending his lordship's jurisdiction. Being examined, he confessed to
the words following: "That all false matters were bolstered and clokyd in
this court of Paul's Cheyne; moreover he called the apparitor, William
Middleton, false knave in the full court, and his father's dettes, said he,
by means of his mother-in-law and master commissary, were not payd; and
this he would abide by, that he had now in this place said no more but
truth." Being called on to answer further, he said he would not, and his
lordship did therefore excommunicate him.[213] From so brief an entry we
cannot tell on which side the justice lay; but at least we can measure the
equity of a tribunal which punished complaints against itself with
excommunication, and dismissed the confessed incest of a priest with a fine
of a few shillings.
Such then were the English consistory courts. I have selected but a few
instances from the proceedings of a single one of them. If we are to
understand the weight with which the system pressed upon the people, we
must multiply the proceedings at St. Paul's by the number of the English
dioceses; the number of dioceses by the number of archdeaconries; we must
remember that in proportion to the distance from London the abuse must have
increased indefinitely from the absence of even partial surveillance; we
must remember that appeals were permitted only from one ecclesiastical
court to another; from the archdeacon's court to that of the bishop of the
diocese, from that of the bishop to the Court of Arches; that any language
of impatience or resistance furnished suspicion of heresy, and that the
only security therefore was submission. We can then imagine what England
must have been with an archdeacon's commissary sitting constantly in every
town; exercising an undefined jurisdiction over general morality; and every
court swarming with petty lawyers who lived upon the fees which they could
extract. Such a system for the administration of justice was perhaps never
tolerated before in any country.
Public-domain text, read in full here on John Shaqi.
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