The Great Events by Famous Historians, Volume 06: (From Barbarossa to Dante) — Dante Alighieri — John Shaqi
The Great Events by Famous Historians, Volume 06: (From Barbarossa to Dante)
Dante Alighieri · en
It is plain that the bishop was the sole judge of the clergy in
criminal cases: that he alone decided their differences, and that to
him appertained the cognizance of certain offences against the rights
of the Church and the sanctions of religion; but as it was his duty to
sit with the sheriff in the court of the county, his ecclesiastical
became blended with his secular jurisdiction, and many causes, which
in other countries had been reserved to the spiritual judge, were
decided in England before a mixed tribunal. This disposition continued
in force till the Norman Conquest; when, as the reader must have
formerly noticed, the two judicatures were completely separated by the
new sovereign; and in every diocese "Courts Christian," that is, of
the bishop and his archdeacons, were established after the model and
with the authority of similar courts in all other parts of the Western
Church.
The tribunals, created by this arrangement, were bound in the terms of
the original charter to be guided in their proceedings by the
"episcopal laws," a system of ecclesiastical jurisprudence, composed
of the canons of councils, the decrees of popes, and the maxims of the
more ancient fathers. This, like all other codes of law, had in the
course of centuries received numerous additions. New cases perpetually
occurred; new decisions were given; and new compilations were made and
published. The two, which at the time of the Conquest prevailed in the
spiritual courts of France, and which were sanctioned by the charter
of William in England, were the collection under the name of Isidore,
and that of Burchard, Bishop of Worms.