139.39 Eliz. 4 and 5.
139.39 Eliz. 4 and 5.
140.7 Jac. I. c. 4.
140.7 Jac. I. c. 4.
141.Departmental Committee on Prisons.Minutes of Evidence, Appendix ii. p. 457. London, 1895.
141.Departmental Committee on Prisons.Minutes of Evidence, Appendix ii. p. 457. London, 1895.
142.As very early in the sixteenth century; see 19 Hen. VII. c. 10.
142.As very early in the sixteenth century; see 19 Hen. VII. c. 10.
143.See John Brown,John Bunyan, His Life and Times, pp. 169, 182, etc.
143.See John Brown,John Bunyan, His Life and Times, pp. 169, 182, etc.
144.The West answering the North: Relation of the Sufferings of George Fox, Edw. Pyot, and William Salt, p. 34. Printed 1657.
144.The West answering the North: Relation of the Sufferings of George Fox, Edw. Pyot, and William Salt, p. 34. Printed 1657.
145.As to the pits and dungeons of an old English prison, see Charles Creighton,History of the Epidemics in Britain, p. 386. Cambridge, 1891.
145.As to the pits and dungeons of an old English prison, see Charles Creighton,History of the Epidemics in Britain, p. 386. Cambridge, 1891.
146.19 Car. II. c. 4.
146.19 Car. II. c. 4.
147.The State of the Prisons, pp. 8 and 9. Warrington, 1780.
147.The State of the Prisons, pp. 8 and 9. Warrington, 1780.
148.Many prisons had no yards or courts of any kind. See J. B. Bailey,The Condition of the Gaols as described by John Howard, chap. ii. London, 1884.
148.Many prisons had no yards or courts of any kind. See J. B. Bailey,The Condition of the Gaols as described by John Howard, chap. ii. London, 1884.
149.Ibid.p. 16.
149.Ibid.p. 16.
150.See E. F. Du Cane,Punishment and Prevention of Crime, chap. iii. p. 43, etc. London, 1885.
150.See E. F. Du Cane,Punishment and Prevention of Crime, chap. iii. p. 43, etc. London, 1885.
151.Hall’s Chronicle, p. 632, ed. of 1809.
151.Hall’s Chronicle, p. 632, ed. of 1809.
152.P. 353. London, 1730.
152.P. 353. London, 1730.
153.Creighton,Epidemics, chap. vii. p. 383.
153.Creighton,Epidemics, chap. vii. p. 383.
154.Vol. ii. p. 48. London, 1827.
154.Vol. ii. p. 48. London, 1827.
155.State of the Prisons, p. 10, ed. of 1780.
155.State of the Prisons, p. 10, ed. of 1780.
156.Ibid.p. 13.
156.Ibid.p. 13.
157.Ibid.p. 12.
157.Ibid.p. 12.
158.There were always a few poor creatures who, although sentenced to transportation, were left behind to remain in prison, a fate worse than exile and perhaps worse than death. See Dept. Com., 1895, Appendix, p. 459.
158.There were always a few poor creatures who, although sentenced to transportation, were left behind to remain in prison, a fate worse than exile and perhaps worse than death. See Dept. Com., 1895, Appendix, p. 459.
159.“... Of the 160 offences referred to by Blackstone as punishable by death, four-fifths had been made so during the reigns of the first three Georges.”—J. A. M. Irvine,Chambers’s Encyclopædia, ii. p. 743, art. “Capital Punishment.” London, 1888.
159.“... Of the 160 offences referred to by Blackstone as punishable by death, four-fifths had been made so during the reigns of the first three Georges.”—J. A. M. Irvine,Chambers’s Encyclopædia, ii. p. 743, art. “Capital Punishment.” London, 1888.
160.James Mackintosh,Miscellaneous Works, p. 718. Speech on the state of the Criminal Law, House of Commons, 2nd March 1819. London, 1851.
160.James Mackintosh,Miscellaneous Works, p. 718. Speech on the state of the Criminal Law, House of Commons, 2nd March 1819. London, 1851.
161.“The anecdotes which I have heard of this shameful and injurious facility I am almost ashamed to repeat. Mr. Burke once told me that on a certain occasion when he was leaving the House one of the messengers called him back, and, on his saying that he was going on urgent business, replied: ‘Oh, it will not keep you a single moment; it is only a capital felony without benefit of clergy.’”—Mackintosh,Miscellaneous Works, p. 718.
161.“The anecdotes which I have heard of this shameful and injurious facility I am almost ashamed to repeat. Mr. Burke once told me that on a certain occasion when he was leaving the House one of the messengers called him back, and, on his saying that he was going on urgent business, replied: ‘Oh, it will not keep you a single moment; it is only a capital felony without benefit of clergy.’”—Mackintosh,Miscellaneous Works, p. 718.
162.Mackintosh,Miscellaneous Works, p. 718.
162.Mackintosh,Miscellaneous Works, p. 718.
163.There grew up, as an eminent judge of those days has declared, “a general confederacy of prosecutors, witnesses, counsel, juries, judges, and the advisers of the Crown, to prevent the execution of the criminal law.”—Sir William Grant, quoted by Mackintosh, p. 719.
163.There grew up, as an eminent judge of those days has declared, “a general confederacy of prosecutors, witnesses, counsel, juries, judges, and the advisers of the Crown, to prevent the execution of the criminal law.”—Sir William Grant, quoted by Mackintosh, p. 719.
164.Irvine inChambers’s Encyclopædia, ii. p. 743.
164.Irvine inChambers’s Encyclopædia, ii. p. 743.
165.Mackintosh, p. 718.
165.Mackintosh, p. 718.
166.Reprinted in theTimes, 18th January 1901.
166.Reprinted in theTimes, 18th January 1901.
167.Du Cane,Crime, pp. 35, 36.
167.Du Cane,Crime, pp. 35, 36.
168.Howard,State of the Prisons, p. 22.
168.Howard,State of the Prisons, p. 22.
169.See 8 & 9 Will. III. c. 27,A.D.1697.
169.See 8 & 9 Will. III. c. 27,A.D.1697.
170.See, for instance, the removal of Governor Bambridge by 2 Geo. II. c. 32.T. Bird,Letters from the Shades. London, 1729.ReGovernor Huggins, etc., seeReport of a Committee of the House of Commons, pp. 25, 26, 27. London, 1729.
170.See, for instance, the removal of Governor Bambridge by 2 Geo. II. c. 32.
T. Bird,Letters from the Shades. London, 1729.
ReGovernor Huggins, etc., seeReport of a Committee of the House of Commons, pp. 25, 26, 27. London, 1729.
171.Gaol fees were abolished in 1774 by 14 Geo. III. c. 20.
171.Gaol fees were abolished in 1774 by 14 Geo. III. c. 20.
172.J. M. D. Meiklejohn,Hist. Eng.ii. p. 276. London, 1890.
172.J. M. D. Meiklejohn,Hist. Eng.ii. p. 276. London, 1890.
173.SeeThe Tryal of William Acton, Deputy-Keeper of the Marshalsea Prison, p. 4, etc. London, 1729.And alsoCases in Parliament, 1684–1737.British Museum, 515, l. 5 (39),reBambridge, etc.
173.SeeThe Tryal of William Acton, Deputy-Keeper of the Marshalsea Prison, p. 4, etc. London, 1729.
And alsoCases in Parliament, 1684–1737.British Museum, 515, l. 5 (39),reBambridge, etc.
174.Howard, p. 17.
174.Howard, p. 17.
175.Tryal of Acton, p. 5.
175.Tryal of Acton, p. 5.
176.See Murray,English Dictionary, under “Bull,” iv. B.
176.See Murray,English Dictionary, under “Bull,” iv. B.
177.SeeReport of the Committee of 1729, p. 9.Brit. Mus. Cat.522, m. 9 (28).
177.SeeReport of the Committee of 1729, p. 9.Brit. Mus. Cat.522, m. 9 (28).
178.There were seven trials for murder in 1730.—Du Cane, p. 36.
178.There were seven trials for murder in 1730.—Du Cane, p. 36.
179.The old-time prisoners depended mainly upon their friends and upon outside charity for their sustenance (videBritton; Bracton, lib. iii., etc.). After the reign of Elizabeth they were supposed to receive 1d.or 2d.a day, or seven to eight ounces of bread. (Du Cane, p. 40.)From 1759, by 32 Geo. II. c. 28, each debtor was ordered to receive 2s.4d.a week from his detaining creditor, but Howard found (p. 6) that, in practice, they could not get it, and numbers actually starved.
179.The old-time prisoners depended mainly upon their friends and upon outside charity for their sustenance (videBritton; Bracton, lib. iii., etc.). After the reign of Elizabeth they were supposed to receive 1d.or 2d.a day, or seven to eight ounces of bread. (Du Cane, p. 40.)
From 1759, by 32 Geo. II. c. 28, each debtor was ordered to receive 2s.4d.a week from his detaining creditor, but Howard found (p. 6) that, in practice, they could not get it, and numbers actually starved.
180.By an Act passed in 1784 (24 Geo. III. c. 54) the gaolers were to receive payment as compensation for the loss of their former profits made out of alcohol, which they were thereby forbidden to sell to prisoners from the year 1785.
180.By an Act passed in 1784 (24 Geo. III. c. 54) the gaolers were to receive payment as compensation for the loss of their former profits made out of alcohol, which they were thereby forbidden to sell to prisoners from the year 1785.
181.Howard, p. 16.
181.Howard, p. 16.
182.Report of the Committee of 1729, p. 2.
182.Report of the Committee of 1729, p. 2.
183.Howard, p. 5.
183.Howard, p. 5.
184.Mayhew and Binny, “Criminal Prisons of London” (quoting from theFifth Annual Report of the Prison Discipline Society), p. 97. London, 1862.
184.Mayhew and Binny, “Criminal Prisons of London” (quoting from theFifth Annual Report of the Prison Discipline Society), p. 97. London, 1862.
185.Du Cane, p. 43.
185.Du Cane, p. 43.
186.London prisons (British Museum Catalogue, 6056, b. 74), bound pamphlets, p. x. London, 1789.
186.London prisons (British Museum Catalogue, 6056, b. 74), bound pamphlets, p. x. London, 1789.
187.Du Cane, p. 41, etc.
187.Du Cane, p. 41, etc.
188.E. B. Tylor inEncy. Brit.ninth ed. art. “Ordeal.”
188.E. B. Tylor inEncy. Brit.ninth ed. art. “Ordeal.”
189.For account of the elaborate ritual, see W. Besant,Mediæval London, vol. ii. chap. vi.W. Dugdale,Origines Juridiciales, chap. xxix.
189.For account of the elaborate ritual, see W. Besant,Mediæval London, vol. ii. chap. vi.
W. Dugdale,Origines Juridiciales, chap. xxix.
190.Stubbs,Charters, p. 71.
190.Stubbs,Charters, p. 71.
191.Besant,Mediæval London, ii. p. 193.
191.Besant,Mediæval London, ii. p. 193.
192.Thorpe, fol. ed. p. 517.
192.Thorpe, fol. ed. p. 517.
193.Glanville, J. Beames’ ed. p. 350, note.
193.Glanville, J. Beames’ ed. p. 350, note.
194.Maitland,Const. Hist.p. 128.
194.Maitland,Const. Hist.p. 128.
195.Reeves,Hist. Eng. Law, i. p. 234. London, 1860.
195.Reeves,Hist. Eng. Law, i. p. 234. London, 1860.
196.Pike,Hist. Crime, p. 131.
196.Pike,Hist. Crime, p. 131.
197.Madox,Hist. Exchequer, i. p. 546.
197.Madox,Hist. Exchequer, i. p. 546.
198.Ency. Brit.art. “Ordeal,” p. 820, ninth ed.
198.Ency. Brit.art. “Ordeal,” p. 820, ninth ed.
199.E. A. Freeman,History of the Reign of William Rufus, i. pp. 156, 157. London, 1882.
199.E. A. Freeman,History of the Reign of William Rufus, i. pp. 156, 157. London, 1882.
200.P. Labbé,Sacrorum Conciliorum, tom. xxii. p. 1007. Venice, 1778.
200.P. Labbé,Sacrorum Conciliorum, tom. xxii. p. 1007. Venice, 1778.
201.Stubbs,Charters, p. 25.
201.Stubbs,Charters, p. 25.
202.Stubbs,Const. Hist.i. 314.
202.Stubbs,Const. Hist.i. 314.
203.Unless he went to the ordeal, or, in a later period, to a jury. See W. Forsyth,History of Trial by Jury, p. 202. London, 1852. Twiss’s Bracton, ii. 403.
203.Unless he went to the ordeal, or, in a later period, to a jury. See W. Forsyth,History of Trial by Jury, p. 202. London, 1852. Twiss’s Bracton, ii. 403.
204.Peers, on account of their position, and citizens of London, on account of their supposably peaceful avocations and by charter, were exempt from having to accept a challenge.—Blackstone,Commentaries, lib. iv.
204.Peers, on account of their position, and citizens of London, on account of their supposably peaceful avocations and by charter, were exempt from having to accept a challenge.—Blackstone,Commentaries, lib. iv.
205.The loss of certain teeth was looked upon as a handicap—the peasant fighters made a horrible use of them.VideH. C. Lea,Superstition and Force, p. 131. Philadelphia, 1878.
205.The loss of certain teeth was looked upon as a handicap—the peasant fighters made a horrible use of them.VideH. C. Lea,Superstition and Force, p. 131. Philadelphia, 1878.
206.Lingard,Hist. Eng.ii. p. 224.
206.Lingard,Hist. Eng.ii. p. 224.
207.Reeves,Hist.i. p. 61.
207.Reeves,Hist.i. p. 61.
208.Lingard, ii. p. 222.
208.Lingard, ii. p. 222.
209.Besant,Mediæval London, ii. p. 198.
209.Besant,Mediæval London, ii. p. 198.
210.Ibid.p. 196.
210.Ibid.p. 196.
211.Twiss’s Bracton, ii. p. 405. London, 1879.
211.Twiss’s Bracton, ii. p. 405. London, 1879.
212.Lingard, ii. p. 223.
212.Lingard, ii. p. 223.
213.Lingard,Hist.p. 224.
213.Lingard,Hist.p. 224.
214.Blackstone, bk. iv., Sharswood’s ed. ii. p. 348. Philadelphia, 1878.
214.Blackstone, bk. iv., Sharswood’s ed. ii. p. 348. Philadelphia, 1878.
215.Bracton, Twiss’s ed. p. 405.
215.Bracton, Twiss’s ed. p. 405.
216.It grew to be condemned by the Church. See, for instance,C. Valentinum, iii. c. 12, heldA.D.855.
216.It grew to be condemned by the Church. See, for instance,C. Valentinum, iii. c. 12, heldA.D.855.
217.Unhappily to be succeeded by a dreadful revival of torture all over Europe, where it was in full blast in the fourteenth century, and in England from 1468. Having abandoned supernatural means of extracting men’s secrets, Church and State made ruthless and pitiless use of more material methods. The Inquisition took up torture, and the custom spread to the lay courts towards the end of the thirteenth century. Consult, for instances, Lea,Superstition and Force, pp. 421, 458; Maitland,Const. Hist.p. 221; Lea,History of the Inquisition in the Middle Ages, i. p. 423, etc. New York, 1906.
217.Unhappily to be succeeded by a dreadful revival of torture all over Europe, where it was in full blast in the fourteenth century, and in England from 1468. Having abandoned supernatural means of extracting men’s secrets, Church and State made ruthless and pitiless use of more material methods. The Inquisition took up torture, and the custom spread to the lay courts towards the end of the thirteenth century. Consult, for instances, Lea,Superstition and Force, pp. 421, 458; Maitland,Const. Hist.p. 221; Lea,History of the Inquisition in the Middle Ages, i. p. 423, etc. New York, 1906.
218.Barnewall and Alderson,Report of Cases, i, pp. 405, 426, etc. London, 1818.
218.Barnewall and Alderson,Report of Cases, i, pp. 405, 426, etc. London, 1818.
219.59 Geo. III. c. 46.
219.59 Geo. III. c. 46.
220.See, for instance, Westermarck,Moral Ideas, ii. 628 seq.
220.See, for instance, Westermarck,Moral Ideas, ii. 628 seq.
221.J. Bingham,Antiquities of the Christian Church, iii. p. 203. Oxford, 1855.
221.J. Bingham,Antiquities of the Christian Church, iii. p. 203. Oxford, 1855.
222.Ibid.p. 204.
222.Ibid.p. 204.
223.Ibid.pp. 205, 217.
223.Ibid.pp. 205, 217.
224.Ibid.p. 213.
224.Ibid.p. 213.
225.H. H. Milman,History of Latin Christianity, ii. p. 59. London, 1864.
225.H. H. Milman,History of Latin Christianity, ii. p. 59. London, 1864.
226.Bingham, iii. pp. 209, 211.
226.Bingham, iii. pp. 209, 211.
227.By the Dooms of Alfred there was but a three days’ sanctuary in a mynster-ham. A fugitive was not to be dragged from a church for seven days, though none were to bring him any food the while.—Thorpe, fol. ed. pp. 27, 28, 29. If he delivered up his weapons, however, it appears he might dwell in safety for thirty days, while his relations were got together to ransom him.—Thorpe, p. 29; Reeves, i. p. 32. On this thirty days’ refuge allowed in the early Church, see Bingham, iii. p. 207. A deliberate murderer might be plucked from the altar, just as by Hebrew law.—Thorpe, p. 27.
227.By the Dooms of Alfred there was but a three days’ sanctuary in a mynster-ham. A fugitive was not to be dragged from a church for seven days, though none were to bring him any food the while.—Thorpe, fol. ed. pp. 27, 28, 29. If he delivered up his weapons, however, it appears he might dwell in safety for thirty days, while his relations were got together to ransom him.—Thorpe, p. 29; Reeves, i. p. 32. On this thirty days’ refuge allowed in the early Church, see Bingham, iii. p. 207. A deliberate murderer might be plucked from the altar, just as by Hebrew law.—Thorpe, p. 27.
228.Concilium Aurelianse, Labbé, tom. viii. p. 350.
228.Concilium Aurelianse, Labbé, tom. viii. p. 350.
229.J. L. Mosheim,Ecc. Hist.i. p. 461. London, 1863.
229.J. L. Mosheim,Ecc. Hist.i. p. 461. London, 1863.
230.Migne,Patrologiae, tom. 216; “Regni Carraclae,” p. 1255.
230.Migne,Patrologiae, tom. 216; “Regni Carraclae,” p. 1255.
231.Bingham, iii. p. 214.
231.Bingham, iii. p. 214.
232.A. Friedberg (Decretal Gregor. IX.lib. iii. tit. xlix. cap. vi.),Decretalium Collectiones, ii. pp. 655, 656. Leipzig, 1881.
232.A. Friedberg (Decretal Gregor. IX.lib. iii. tit. xlix. cap. vi.),Decretalium Collectiones, ii. pp. 655, 656. Leipzig, 1881.
233.John Johnson,Ecc. Laws, quoting Spelman, ii. p. 305.
233.John Johnson,Ecc. Laws, quoting Spelman, ii. p. 305.
234.The Statute 9 Ed. II. c. 10 (1315) is also to this effect.
234.The Statute 9 Ed. II. c. 10 (1315) is also to this effect.
235.Besant,Mediæval London, p. 201.
235.Besant,Mediæval London, p. 201.
236.Besant,Mediæval London, p. 212.
236.Besant,Mediæval London, p. 212.
237.Frequently Dover, where numbers congregated awaiting shipment. See Pike,Hist. Crime, i. p. 232.
237.Frequently Dover, where numbers congregated awaiting shipment. See Pike,Hist. Crime, i. p. 232.
238.Britton, lib. i. ch. xvii.
238.Britton, lib. i. ch. xvii.
239.And see 9 Ed. II. c. 10: “They that abjure the realm shall be in Peace so long as they be in Church or Highway.”
239.And see 9 Ed. II. c. 10: “They that abjure the realm shall be in Peace so long as they be in Church or Highway.”
240.Blackstone,Commentaries, bk. iv., Sharswood’s ed. ii. p. 332. Philadelphia, 1878.
240.Blackstone,Commentaries, bk. iv., Sharswood’s ed. ii. p. 332. Philadelphia, 1878.
241.22 Hen. VIII. c. 14.
241.22 Hen. VIII. c. 14.
242.As to branding,vide21 Hen. VIII. c. 2.
242.As to branding,vide21 Hen. VIII. c. 2.
243.A. P. Stanley,Westminster Abbey, p. 346. London, 1882.
243.A. P. Stanley,Westminster Abbey, p. 346. London, 1882.
244.Besant,Mediæval London, p. 202.
244.Besant,Mediæval London, p. 202.
245.Ibid.p. 206.
245.Ibid.p. 206.
246.Bingham, iii. p. 215.
246.Bingham, iii. p. 215.
247.Besant, p. 208.
247.Besant, p. 208.
248.Stanley, p. 346.
248.Stanley, p. 346.
249.Besant,Mediæval London, p. 212.
249.Besant,Mediæval London, p. 212.
250.26 Hen. VIII. c. 13.
250.26 Hen. VIII. c. 13.
251.27 Hen. VIII. c. 19.
251.27 Hen. VIII. c. 19.
252.32 Hen. VIII. c. 12.
252.32 Hen. VIII. c. 12.
253.Stanley, p. 352.
253.Stanley, p. 352.
254.1 Jac. I. c. 25, s. 34.
254.1 Jac. I. c. 25, s. 34.
255.21 Jac. I. c. 28, s. 7.
255.21 Jac. I. c. 28, s. 7.
256.8 & 9 Will. III. c. 27, s. 15.
256.8 & 9 Will. III. c. 27, s. 15.
257.9 Geo. I. c. 28.
257.9 Geo. I. c. 28.
258.11 Geo. I. c. 22.
258.11 Geo. I. c. 22.
259.Ency. Brit.art. “Wager of Law.”
259.Ency. Brit.art. “Wager of Law.”
260.Lea,Superstition and Force, p. 23.
260.Lea,Superstition and Force, p. 23.
261.Ibid.p. 21.
261.Ibid.p. 21.
262.C. Valentinum, iii. c. xi.,A.D.855.
262.C. Valentinum, iii. c. xi.,A.D.855.
263.Forsyth, p. 76.
263.Forsyth, p. 76.
264.Reeves,Hist.i. p. 33.
264.Reeves,Hist.i. p. 33.
265.Holdsworth,Hist.i. p. 138.
265.Holdsworth,Hist.i. p. 138.
266.Reeves, p. 33.
266.Reeves, p. 33.
267.Holdsworth, p. 139.
267.Holdsworth, p. 139.
268.Lea,Superstition, pp. 66, 81.
268.Lea,Superstition, pp. 66, 81.
269.Holdsworth,Hist.i. p. 138.
269.Holdsworth,Hist.i. p. 138.
270.Lea, p. 35.
270.Lea, p. 35.
271.Ibid.p. 33.
271.Ibid.p. 33.
272.Ibid.p. 64.
272.Ibid.p. 64.
273.3 & 4 Will. IV. c. 42, s. 13.
273.3 & 4 Will. IV. c. 42, s. 13.
274.S. Cheetham,History of the Christian Church during the First Six Centuries, p. 171. London, 1894.
274.S. Cheetham,History of the Christian Church during the First Six Centuries, p. 171. London, 1894.
275.Stubbs,Const. Hist.i. p. 267.
275.Stubbs,Const. Hist.i. p. 267.
276.1 Corinthians vi.
276.1 Corinthians vi.
277.InA.D.341 by the eleventh and twelfth Canons of the Council of Antioch; in 397 by the ninth Canon of the Third Council of Carthage; and in 451 by the ninth Canon of the Council of Chalcedon.
277.InA.D.341 by the eleventh and twelfth Canons of the Council of Antioch; in 397 by the ninth Canon of the Third Council of Carthage; and in 451 by the ninth Canon of the Council of Chalcedon.
278.Lingard,Hist.ii. p. 120.
278.Lingard,Hist.ii. p. 120.
279.Cheetham, p. 171.
279.Cheetham, p. 171.
280.H. C. Lea,History of the Inquisition in the Middle Ages, i. p. 309. New York, 1906.
280.H. C. Lea,History of the Inquisition in the Middle Ages, i. p. 309. New York, 1906.
281.Canons of Councils, Papal Decrees, and the many Collections.
281.Canons of Councils, Papal Decrees, and the many Collections.
282.See Lingard, ii. 126.After the appearance of the Collection of Ivo of Chartres (b.1035,d.1115),[283]and still more upon the compilation of Gratian’s Decretals (A.D.1151), they began to rival, if not surpass, the Secular Courts in reputation and influence.[284]The Courts Christian were the defenders of dogma; in those times, without right believing nothing else profited. The Church Courts also enforced Christian morality. “The bishops,” says Archdeacon Cheetham,[285]“took cognizance, as was natural, of matters which were rather offences against the moral law than against the State, and sometimes succeeded in overawing even high-placed offenders.” “The doctrine of penance,” says Mr. Thrupp, “dealt with a series of immoralities which the laws disregarded.”[286]J. Johnson,Laws and Canons, ii. p. 189, note F., ed. 1851.N. Marshall,Penitential Discipline, p. 136.
282.See Lingard, ii. 126.
After the appearance of the Collection of Ivo of Chartres (b.1035,d.1115),[283]and still more upon the compilation of Gratian’s Decretals (A.D.1151), they began to rival, if not surpass, the Secular Courts in reputation and influence.[284]The Courts Christian were the defenders of dogma; in those times, without right believing nothing else profited. The Church Courts also enforced Christian morality. “The bishops,” says Archdeacon Cheetham,[285]“took cognizance, as was natural, of matters which were rather offences against the moral law than against the State, and sometimes succeeded in overawing even high-placed offenders.” “The doctrine of penance,” says Mr. Thrupp, “dealt with a series of immoralities which the laws disregarded.”[286]
J. Johnson,Laws and Canons, ii. p. 189, note F., ed. 1851.
N. Marshall,Penitential Discipline, p. 136.
283.Stubbs,Charters, p. 136.
283.Stubbs,Charters, p. 136.
284.Lingard,Hist.ii. p. 126.
284.Lingard,Hist.ii. p. 126.
285.History of the Christian Church, p. 171.
285.History of the Christian Church, p. 171.
286.Anglo-Saxon Home, p. 254.
286.Anglo-Saxon Home, p. 254.
287.Lea,Inquisition in the Middle Ages, i. p. 312.
287.Lea,Inquisition in the Middle Ages, i. p. 312.
288.They would be brought before the Court by its apparitors, of whom there were many; citations were not to be made through the vicars, rectors, or parish priests, lest the secrecy of the confessional should become mistrusted and the people cease to confess their sins.—VideArchbishop Stratford,A.D.1342,C. Lond.Can. 8. J. Johnson,Laws and Canons, ii. p. 371. Chaucer has given us a specimen of one of those “moral” agents in his account of thesumptnourorsummoner.
288.They would be brought before the Court by its apparitors, of whom there were many; citations were not to be made through the vicars, rectors, or parish priests, lest the secrecy of the confessional should become mistrusted and the people cease to confess their sins.—VideArchbishop Stratford,A.D.1342,C. Lond.Can. 8. J. Johnson,Laws and Canons, ii. p. 371. Chaucer has given us a specimen of one of those “moral” agents in his account of thesumptnourorsummoner.
289.As usual, blackmailing was not infrequently resorted to.VideH. W. C. Davis,England under Normans and Angevins, p. 209. London, 1909.
289.As usual, blackmailing was not infrequently resorted to.VideH. W. C. Davis,England under Normans and Angevins, p. 209. London, 1909.
290.See S. Pegge,Life of Bishop Grosseteste, p. 183.
290.See S. Pegge,Life of Bishop Grosseteste, p. 183.
291.S. Pegge,Life of Bishop Grosseteste, p. 46.
291.S. Pegge,Life of Bishop Grosseteste, p. 46.
292.Some years later Archbishop Boniface, in his Constitutions, declared (17) that the State must not interfere with moral inquisitions.VideJ. Johnson,Laws and Canons, ii. p. 205, ed. 1851; and observe “Note on Anselm’s Canons,” p. 28 of the same volume.
292.Some years later Archbishop Boniface, in his Constitutions, declared (17) that the State must not interfere with moral inquisitions.VideJ. Johnson,Laws and Canons, ii. p. 205, ed. 1851; and observe “Note on Anselm’s Canons,” p. 28 of the same volume.