Early European History

by Hutton Webster

161. CHURCH JURISDICTION

CHURCH COURTS

The Church had regular courts and a special system of law [10] for the trial of offenders against its regulations. Many cases, which to-day would be decided according to the civil or criminal law of the state, in the Middle Ages came before the ecclesiastical courts. Since marriage was considered a sacrament, the Church took upon itself to decide what marriages were lawful. It forbade the union of first cousins, of second cousins, and of godparents and godchildren. It refused to sanction divorce, for whatever cause, if both parties at the time of marriage had been baptized Christians. The Church dealt with inheritance under wills, for a man could not make a legal will until he had confessed, and confession formed part of the sacrament of Penance. All contracts made binding by oaths came under Church jurisdiction, because an oath was an appeal to God. [11] The Church tried those who were charged with any sin against religion, including heresy, blasphemy, the taking of interest (usury), and the practice of witchcraft. Widows, orphans, and the families of pilgrims or crusaders also enjoyed the special protection of Church courts.

"BENEFIT OF CLERGY"

The Church claimed the privilege of judging all cases which involved clergymen. No layman, it was declared, ought to interfere with one who, by the sacrament of Ordination, had been dedicated to God. This demand of the Church to try its own officers, according to its own mild and intelligent laws, seems not unreasonable, when we remember how rude were the methods of feudal justice. But "benefit of clergy," as the privilege was called, might be abused. Many persons who had no intention of acting as priests or monks became clergymen, in order to shield themselves behind the Church in case their misdeeds were exposed.

RIGHT OF "SANCTUARY."

An interesting illustration of the power of the Church is afforded by the right of "sanctuary." Any lawbreaker who fled to a church building enjoyed, for a limited time, the privilege of safe refuge. It was considered a sin against God to drag even the most wicked criminal from the altar. The most that could be done was to deny the refugee food, so that he might come forth voluntarily. This privilege of seeking sanctuary was not without social usefulness, for it gave time for angry passions to cool, thus permitting an investigation of the charges against an offender.

EXCOMMUNICATION

Disobedience to the regulations of the Church might be followed by excommunication. It was a punishment which cut off the offender from all Christian fellowship. He could not attend religious services nor enjoy the sacraments so necessary to salvation. If he died excommunicate, his body could not be buried in consecrated ground. By the law of the state he lost all civil rights and forfeited all his property. No one might speak to him, feed him, or shelter him. This terrible penalty, it is well to point out, was usually imposed only after the sinner had received a fair trial and had spurned all entreaties to repent. [12]

INTERDICT

The interdict, another form of punishment, was directed against a particular locality, for the fault of some of the inhabitants who could not be reached directly. In time of interdict the priests closed the churches and neither married the living nor buried the dead. Of the sacraments only Baptism, Confirmation, and Penance were permitted. All the inhabitants of the afflicted district were ordered to fast, as in Lent, and to let their hair grow long in sign of mourning. The interdict also stopped the wheels of government, for courts of justice were shut, wills could not be made, and public officials were forbidden to perform their duties. In some cases the Church went so far as to lay an interdict upon an entire kingdom, whose ruler had refused to obey her mandate. [13] The interdict has now passed out of use, but excommunication still retains its place among the spiritual weapons of the Church.